R-06-08-10-10E2 - 8/10/2006RESOLUTION NO. R -06-08-10-10E2
WHEREAS, the City of Round Rock ("City") is undertaking the
construction of approximately 4,160 linear feet of Dry Branch tributary
channel improvements to correct problems of bed scour and bank
stability, as well as to address concerns of public safety associated
with flooding, and
WHEREAS, Continental Homes of Texas, L.P. d/b/a D.R. Horton
("Developer") is also constructing channel modifications on
approximately 2,380 linear feet of the same channel for a total of
6,540 linear feet of improvements for the Dry Branch Project
("Project"), and
WHEREAS, this Project will impact 2.24 acres of waters of the
United States and, as a result, the City has undertaken to secure a
Section 404 permit ("Permit") from the United States Army Corps of
Engineers ("ACOE") having jurisdiction over the Project, and
WHEREAS, as a condition of the permit issued, ACOE is requiring
the City to mitigate the loss of the waters of the United States by
undertaking a Project Mitigation Plan for Dry Branch Tributary, and
WHEREAS, as part of the Mitigation Plan requirements, ACOE
requires that the City obtain a riparian preservation zone
(Conservation Easement) on both sides of Lake Creek, and
WHEREAS, Developer and Sycamore Trail, Ltd., the landowners on
both sides of the creek, have executed such easement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City the Conservation Easement with Continental Homes of
@PFOesktop\: :OD MA/WORLDOX/oe /vaox/ResoLOTr/R€0810E2 wen/rmc
Texas, L.P. and Sycamore Trail, Ltd., a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 10th day of August, 2006.
NYL
Ci y
CHRISTINE R. MARTINEZ, City Secretar
2
/
4"/
i1/L
, yor
Round Rock, Texas
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Easement") is made this
day f
, 2006, by CONTINENTAL HOMES OF TEXAS, L.P., a
Texas limited partnership, ("Continental") and SYCAMORE TRAIL, LTD., a Texas
("Sycamore") (collectively the "Grantors"), as grantors, and CITY
OF ROUND ROCK, TEXAS (the Grantee"), as grantee.
INTRODUCTORY STATEMENT
A. The Grantors are the owners in fee simple of a certain tract or tracts of real
property locating in Williamson County, Texas comprised of approximately
Two Hundred Seventeen and three-quarters (217.74) acres, more or less, as
more particularly described on Exhibit "A" (the "Parcel"). There are no prior
Liens on the Parcel.
B. Grantee is undertaking a channelization and stabilization project that will
place dredged and fill material into the "Waters of the United States" as
defined in 33 CFR 320, et seq. Grantee has requested the United States Army
Corps of Engineers ("ACOE") to issue a permit under Section 404 of the
Clean Water Act for these activities.
C. As a condition of the permit issued (`Permit No. 200200684"), ACOE is
requiring the Grantee to mitigate the loss of the "Waters of the United States"
by undertaking a "Project Mitigation Plan for Dry Branch Tributary"
("Mitigation Plan"), attached hereto as Exhibit "B" and made a part hereof.
D. Throughphysical inspection, the Grantee and the ACOE have identified a
portion of Grantors' land which would be suitable for use as the stream
restoration mitigation area. This area comprises approximately eight and one-
third (8.361) acres, more or less, as more particularly described on Exhibit
"C" attached hereto and hereby made a part of this Easement.
E. Grantee is to carry out the mitigation in accordance with the terms and
conditions of the Mitigation Plan approved by the ACOE.
F. Grantee desires to carry out the Mitigation Plan on the area shown on Exhibit
"C" and the Grantors have agreed that this Easement shall be recorded in the
official records of Williamson County, Texas (`Easement Parcel").
NOW, THEREFORE, in consideration of the Introductory Statement which is
deemed a material part of this Easement, and of the additional valuable and mutual
covenants hereinafter contained, and for other good and valuable consideration
received, Grantors hereby GRANT, BARGAIN, SELL and CONVEY to the Grantee
a conservation easement which shall run with the Easement Parcel in perpetuity and
shall encumber the Parcel only to the extent set forth in this Easement. The parties
agree as follows:
1. Until such time as the Mitigation Plan has been undertaken and fully implemented
by the Grantee, the Easement Parcel shall be maintained in its natural state by the
Grantors and/or their assigns, subject to paragraph 3 below.
CORR — Southcreek Conservation Easement
Page 1 of 6
EXHIBIT
1
IIAn
2. Subject to paragraphs 3 and 4 below and except as may be necessary to conduct
the work required to complete the approved Mitigation Plan, the Grantors will not
undertake on their own or grant permission to others or otherwise allow the
following within the Easement Parcel:
a. Dump or place soil or other substance or material as landfill, or
dumping or placing of trash, waste, hazardous, toxic or otherwise
unsightly or offensive materials;
b. Use or allow the use of fertilizers, pesticides, or biocides, including,
but not limited to insecticides, fungicides, rodenticides, and herbicides,
except as may be used for fire ant control;
c. Excavate, dredge or remove loam, peat, gravel, soil, rock or other
material substance in a manner as to affect the surface or otherwise
alter the topography of the area;
d. Remove or destroy trees, shrubs or other vegetation;
e. Engage in any surface use except for purposes of preserving the water
or land areas, or the improvements or appurtenance thereto;
f. Alter the hydrology and/or impair the circulation of water in or on the
mitigation area; or
g. Discharge any dredge or fill material on any part of the areas
designated as the Easement Parcel.
3. The ACOE acknowledges that a public utility easement currently exists within the
Easement Parcel ("PUE"), a copy of which is attached hereto and incorporated
herein as Exhibit "D" and which may require maintenance from time to time. The
ACOE agrees to allow those entities having responsibility for maintenance of any
utilities existing within such PUE to have access to such PUE and to take such
actions as may be necessary to perforin such maintenance and/or repairs.
4. The ACOE acknowledges that a bike trail will be built outside, but adjacent to the
Easement Parcel, with two access trails into the Easement Parcel from such bike
trail. The ACOE agrees during construction of the access trails, the Grantee may
be required to remove some trees and/or shrubbery to gain access to the creek
area. The ACOE further agrees that the general public shall have a right to use
the two access trails into the Easement Parcel.
5. The Grantee acknowledges that pursuant to conditions contained in the Permit
No. 200200684, the Grantee or its successor or assigns will be required to
undertake the Mitigation Plan. It is further understood, upon commencement and
full implementation of the Mitigation Plan by Grantee, Grantors shall have no
obligations, other than as may be set forth herein, with respect to the maintenance
of the Easement Parcel.
6. Grantee shall have the right to use and implement any administrative procedure or
remedy or any other legal procedure or remedy available to Grantee for the
purpose of ensuring compliance with the terms and conditions of this Easement.
CORR — Southcreek Conservation Easement
Page 2 of 6
7. All prospective purchasers, if any, of any portion of the Easement Parcel shall
receive notice of this Easement. The prohibitions contained in this Easement
shall be referenced in every deed, conveyance, or other transfer of all or any
portion of the Easement Parcel. This Easement is not granted for the benefit of
any dominant tract of land. The provision of this Easement shall be deemed to be
covenants running with and binding upon the Easement Parcel, unless terminated
or modified by ACOE or any successor agency which has the legal authority to
enforce this Easement. The provisions of this Easement shall only be enforceable
by the ACOE or successor agency of the Federal Government which has the legal
authority or right to enforce this Easement. The Grantee and any successors or
assigns shall also have the legal right and power to enforce the terms of this
Easement.
8. This Easement may not be amended, modified or rescinded except upon written
consent by the Grantors, Grantees and the ACOE or any successor agency.
9. Subject to paragraph 4, above, nothing contained in this Easement shall give or
grant to the general public any rights, titles, or interest with respect to the
Easement Parcel, including the right to enter upon or use the Easement Parcel.
10. This Easement shall be recorded in the official records of Williamson County,
Texas and each party shall be furnished a copy of this executed and recorded
Easement. Each Party is authorized to record or file any notices or instruments
appropriate to assuring the perpetual enforceability of this Easement, and the
other parties agree to execute any such instruments (reasonably acceptable to that
party) upon request.
11. Miscellaneous
a. Goveming Law The interpretation and performance of this Easement
shall be governed by the laws of the State of Texas and applicable
federal law and regulations and venue for any legal proceedings
instituted regarding this Easement will be in Williamson County,
Texas.
b. Severability If any provision of this Easement, or the application
thereof to any person or circumstance, is found to be invalid, the
remainder of the provisions of this Easement, or the application of
such provision to persons or circumstances other than those found to
be invalid shall not be affected thereby.
c. Bindin Effect The covenants, terms, conditions and restrictions of
this Easement shall be binding upon and inure to the benefit of the
Parties and their respective personal representatives, heirs, successors,
CORR— Southereek Conservation Easement
Page 3 of 6
and assigns and shall continue as a perpetual servitude running with
the Easement Parcel.
d. Exhibits. All exhibits referred to in this Easement are attached to this
Easement and are incorporated herein by this reference.
e. Notice. All notices and other communications in connection with this
Agreement shall be in writing and shall be considered given as
follows: (i) when delivered personally to the recipient's address as
stated in this Agreement; or (ii) when sent, by certified or registered
mail, return receipt requested, to the recipient's address as stated in
this Agreement. The addresses of the parties provided below may be
changed by similar notice in writing given by the party whose address
is to be changed. For the purposes of this Section 8, the addresses of
the parties for all notices are as follows:
If to City:
With a copy to: Stephan L. Sheets, City Attorney
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
If to Continental: Continental Homes of Texas, L.P.
Attention: Richard N. Maier
12554 Riata Vista Circle, Second Floor
Austin, Texas 78727
With a copy to:
If to Sycamore: Sycamore Trail, Ltd.
Attention: Robert W. Wunsch
ij3i-{ �J, ei-t 44:*7a
q s trd -,tns
With a copy to:
City of Round Rock, Texas
Attention: James R. Nuse, P.E., City Manager
221 East Main Street
Round Rock, TX 78664
CORR — Southcreck Conservation Easement
Page 4 of 6
f. Ca tions. The captions in this Agreement are inserted for convenience
of reference only and in no way define, describe or limit the scope or
intent of this Agreement or any provisions hereof.
Gender and Number. Words of any gender used in this Agreement
will be construed to include the other gender and words in the singular
number will be construed to include the plural, and vice versa, as the
context may require herein.
h. Multiple Co_ nnternans, This Agreement may be executed in a number of
identical counterparts which, taken together, shall constitute collectively
one (1) agreement; but in making proof of this Agreement, it shall not be
necessary to produce or account for more than one such counterpart.
g•
i. Entire Agreement. This Agreement and all exhibits attached hereto, plus
any referenced site plans and construction plans, constitute the entire
agreement and understanding between the parties and supersede all prior
and contemporaneous agreements and understandings of the parties in
connection therewith.
EXECUTED on this the day of
2006.
ATTEST: CITY OF ROUND ROCK, TEXAS
By.
Christine R. Martinez
Printed Name: Nyle Maxwell
City Secretary Title: Mayor
Date:
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
CORR— Southcreek Conservation Easement
CONTINENTAL HOMES OF TEXAS, L.P.,
a Texas limited partnership
Page 5 of 6
CORR — Southcreek Conservation Easement
By: CHTEX of Texas, Inc., a Delaware
corporation, its sole general partne
By:
ichard N. Maier
Title: rice -President
SYCAMORE TRAIL, LTD.,
a TexasL Limited partnership
By: q c4TnrJ aits, CLC -
its
its sole general partner
By: 72x, zv�/
Title: /4";,-- es: .-z..
Date: -/e-c96
Page 6 of 6
CORR — Southcreek Conservation Easement
By: CHTEX of Texas, Inc., a Delaware
corporation, its sole general partner
By:
Richard N. Maier
Title: Vice President
Date:
W.-4 ) 4 ,)D0(p
SYCAMORE TRAIL, LTD.,
a Texas limited partnership
By:
its sole general partner
By:
Title.
te:
Page 6 of 6
No Text
/aAloupi a{PA.yooy
clown Tltic Company, Inc. i )
1lV�IIfVVV'ViflIIVIIIgIIVN111VIVIVIIV
SPECIAL WARRANTY DEED
s SPECIAL WARRANTY DEED (this "Deed") is executed by Continental Homes of Texas,
exas limited partnership, with offices in Travis County, Texas ("Grantor") and Sycamore
Texas limited partnership, with offices in Travis County, Texas ("Grantee").
d :,. valuable consideration, including without limitation the Consideration
r does hereby GRANT, SELL, AND CONvEy unto Grantee, the following
ether with all improvements thereon, situated in Williamson County,
more or less, out of the P.A. HoLDER SURVEY
CT 151.37aoetract in
lands Wideslliamson County,
Texas, being a
1 Homes of Texas, L.P. dated September 28, 2000
tr Document No. 2000066006, of the Official
on County, Texas; said 9.498 acre tract
cribed by metes and bounds in Exhibit
made a part hereof;
erty, together with all and singular the rights and
unto Grantee, Grantee's heirs, executors, administrators,
DEED
7 PGS
1804035583
Pub
bein
"A" a
To HAVE AND
appurtenances thereto in
successors, and assigns, for
And Grantor does
e
successors, and assigns, to Wr , r. or, Grantor's heirs, executors, administrators,
OREVERD
Grantee, Grantee's heirs, executor- : , mistrators END, all and singular, the Property unto
whomsoever lawfully claiming, or to claim the e, er sore, and assigns, against every person
Grantor, but not otherwise, subject however, yexceptions
_p_ _a_ _ _thereof, by, through or under
attached hereto and made a part hereof es • — L
Grantor and Grantee, Grantee assumes an, : e. , e 2004 having been prorated between
ad valorem taxes assessed against the ProY 2' 4 ad valorem taxes and all subsequent
years due to change in land usage, ownership, and sub, a pa t assessments ch G aanteyeeassumes.
The consideration for this conveyance, rece
(the "Consideration"): '.t i�haranter aclmowledges,isasfollows
1. $10.00 and other valuable consider
lien either express or implied is retained.
b2• $189,960.00advanced and paid atth:ina
y Regions Bank, an Alabama state banking association
of the Property and for which Grantee has executed a p
amount of $1,650,000.00 (the "Note"), which includes
purchase of the Property as well as the amount to be adv.
of the Property construction of certain improvements then,
The note is further secured by a deed of trust of even date her
Texas Group President, Trustee.
antor for which no
est of Grantee
the purchase
in the total
d for the
opment
der.
est,
The vendor's lien and superior title are specifically retained byGr.,,to
until the Note and all interest on the Note are fully paid, and to the exte t ,e saefeoeothe
payment of the Note, they are hereby assigned and transferred to Regions B
Grantee's Mailing Address: 4314 West Braker Lane, #250
Austin, Texas 78759
SPECIAL W/.flAyry DP'
Page 1
EXHIBIT
11 x
n /
3610on4/o4.38.2o09
IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS
ARRAN
r0 NTHEPROPERTY,I,INCLUDING,BUTNOTLUMITEDTOCHARACTER,
WARRRANTTIESOREPRESENTATIONSAS
TTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH 1N THIS DEED),
,.II` XCONSEQUENCES, PHYSICAL ORE AVAILABILITY
I' SOR 1.RESS,OPERATINGIILSTORYORPRRO CTIONS VALUATION,,GOVERNtIENT•ALAPPROVALS,
FACCESS,
0.
P O I• T REGULATIONS OR ANY 071IER MATTER OR THING RELATING 70 OR AFFECTING THE
i Y"• WITHOUT LIMITATION I
M RKETAB, ,PRS 1T BILITY SAL ' () THE VALUE, CONDITION, MERCHANTABILITY,
PRO... THE ORQUTYOFTHECONABILITY OR NSSTR
S FOR A PARTICULAR USE OR PURPOSE OFTHE
ANY OF CONSTRUCTION OR MATERiALSINCORPORATEb INTO
P:. • v'G AND
PROPERGR)THE MANNER, QUALITY, STATE OF REPA IR OR LACK OF REPAIR OF THE
'% : . /{y
INDIRECTLY aT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR
NY
GRANTEE •' ON OR WARRANTY OF GRANTOR OR ANY AGENT OF GRANTOR
RELYING Y�1: '� IT IS A. KNOWLEDGEABLE PURCHASER OF AL ESTATE AND THAT IT IS
PROPERRTY.TY. G • EXPERTISE AND TTHREATOEGRANTEE'SCONSULTANTSINPURCHASINGWE
• 9 CO a CTEDSUNINSp�ONSAND GRANTEE DEE •D Er:..INVESTIGATIONS OFTHEPAOPERTYAS
ENVIRONMENTAL C, 10
ENVIRON IN UDING, BUT NOT LIMITED TO, THE PHYSICAL AND
.� . 9 • ,.
DEED, GRANTER N, U :w Ti : ' ADVERSE ND SHALL RELY UPON SAME. BY ACCEPTANCE NLIMITED
OF THIS
MATTERS
ADVERSE PHYSICAL ..,. INCLUDIXG, BUT NOT LIMITED TO
'O , ,
GRANTEE'S INSPECTIONS TAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY a I,, r TIONS. IT IS FURTHER AGREED THAT
GRANTOR MAKE ANY REPRESENTAT a r. \ S NOT
ES REGARDING SOLID WASTE, AS DEFINED IN THEE TEXAS
SOLID WASTE DISPOSAL A A D r.
ENVIRON\ONTALPROTECTI. A C U TIONS ADOPTED THEREUNDER OR THE U.S.
EXISTENCE EN, O OR Y 'TIO SAT40C.F.R.,PART 261,ORTHEDISPOSAL OR
BY THE COMPREUENSIVEENV1RI O RO'° TY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED
ASAMENDED, AND REGULATIONS P1 • L ' PONSECOMPENSATIONANDLIABILITYACTOF1980,
AND LIABILITY (AND AGREES THAT _ • . ,A�THERE 'ER. GRANTEE HEREBY ASSUMES ALL RISK
S
INDIRECT, CONSEQUENTIAL,OROTHERDAMAG UNOING LIABLE
ARISINFORRANY OMORRESPECIAL,
DIRECT,
OWNERR SHIP, USE, CONDITION, LOCATION, TEN. REP TO
URANTORHEREBY SELLS AND CONVEYS IR OR OPERATION OF THE PROPERTY.
. r_..
NTEEACCEPTSTHE PAOP@RTY"ASJS,..__
WHERE IS," -WITH ALL FAULTS. GRANTEEF - 9 •-
ORAL AGREEMENTS, WARRANTIES OR n - ♦ Ot EDGES AND AGREES THAT 7HEREARENO
PROPERTY BY GRANTOR, ANY AGENT OP GRAANTO' ORS_ LLATERAL Y THIRD PARTY.
ORS TERMS AND
ECTING THE
CONDITIONS OF THIS PARApRApg SHALL EXPRESSLY -. -
CLOSING, NOT MERGE WITH ME
PROVISIONS OF THIS DEED ORANY CLOSING DOCUME We •
MANNER BY ANY ORA I.OR WRITTEN STATEMENTS, RE. • • E • R]SNOTLiABLEORBOUND TNANY
NS, a INFORMATION PERTAINING
TOTIIEPROPERTY FURNISHED BYANY REAI.ESTATEBROKE• G • ,.M;INFOR INFORMATION
TOR WING
PERSON.LOYEE,
SPECIAL W AExAN1y DEED
[REMAINDER OF THIS PAGE INTENTIONALLY
Page 2
6100,7.1104.284, 09
Executed this day of April, 2004.
GRANTOR
Continental Homes of Texas, L.P.
(a Texas limited partnership)
By. CHTEX of Texas, Inc.
(a Delaware Corporation)
Its sole general partner
Bunvcll B. McClendon, 111
Secretary
ACCerrEn BY GRANTEE:
Sycamore Trail, Ltd.
a T as limited partnership)
Ashton Oaks, L.L.C.
(a Texas limited liability company)
G
N 0al Partner
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
ert D. Wunsch, President
This instrument was acknowledged before me, th
April, 2004, by Burwell B. McClendon, Il>i Secretary
corporation, General Partner of Continental Homes o
behalf of said corporation and said limited part]
`�5tY Crltr�i
i\ I
- toe ceelto 4S"
Vbe
�EmIrol
•trlIt„`
SFEC'IAJ. WARRANTY DEED
authority, t}ti� bday of
f xas, Inc., a Delaware
ited partnership, on
ary Publi
Print Name:
My Commission Expir
Per
fa6,00yr.,/o9Rs.2mq
TATE OF TEXAS
0? TRAVLS
§
instrument was acknowledged before me, the undersigned authority, this T day of
�y Robert D. Wunsch, President of Ashton Oaks, L.L.C., a Texas limited liability
al Partner of Sycamore Trail, Ltd., a Texas limited partnership, on behalf of said
n rxt said limited partnership.
Notary public— Stet `WofTexas
Print Name: R t4 rnay n et
My Commission Expires:
SPECIAL WARRANTY DEED
TRACT
RE
RE
MORE F'
BEGINN
the south found in the west line of the said 15t.37 acre tract, being in
• • : •
Missouri Pacific Railroad (fight -okay width Ve varies
being also
Witho r of a 8.591 acre tract described to a Special Warranty
I, Ltd. dated January 18, 2001 and recorded
under Document ",1 r• %j s 'al Public Records of Williamson County,
Texas;
THENCE North 2'26.4
Railroad, being the west
mbar with cap set at Un,
THENCE over and across the
fine of the tvissourt Pacific Ra
EXHIBIT A
Description
ON OF 9.498 ACRES OUT OF THE P.A. HOLDER SURVEY NO. 9,
• WUI ANSON COUNTY, TEXAS, BEING A PORTION OF A
F LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO
OF TEXAS, L.P. DATED SEPTEMBER 28, 2000 AND
UMENT NO. 2000068006 OF THE OFFICIAL PUBUC
COUNTY, TEXAS; SAID 9.498 ACRE TRACT BEING
RIBED BY METES AND BOUNDS AS FOLLOWS:
rty right-of-way Zine of the Missouri Pacific
acre tract a distance of 52.02 feet to a 1/2•
1.37 acre tract:
ng with the southerly right-of-way
four (4) courses and distances;
1. Along a curve to the fight, haa radius of
feet, and a chord which tears North 72' 42•
1R" rebar with cap set
2. Along a curve to the left, having a
and a chord which beats North 73'07
mbar with cap set
3. North 70'28'404 East, a distance of 172.51
4. Along a serve to the left, having a radius of 45. •..
feat, and a chord which bears North 68'14'53• East,
1/2' rebar found in the northeast line of the 151.3
comer of a 8.83 acre tract. described In a Warranty
dated November 3, 2003 and recorded under Docu .
Official Public Records of Witttamson County. Texas,
found at the northeast caner of the 151.37 acre tract bea
a distance of 7.81 feet;
eet, an arc length of 221.72
'stance of 221.65 feet to a
an arc length of 153.42 feet,
of 153.41 feet to a 1/2"
bar with cap set
of 394.28
94.14 feet to a
northwest
Trail, Ltd.
4 of the
• reber
est
LXtJii11T A, Land Description
South 16°50'27 East along the common line of the 151.37 acre tract and the
6.83 acrg tract. at a distance of 135.35 feet passing a 1/2' rebar found, and.
• fora
otal Creek distanca of 192.76 feet to a calWated point in the approximate
se the 151.37 aCn3 trail, with due approximate centerline of Lake
ht (8) courses and distances;
a distance of 156.05 feet to a calculated point;
�V a distance (0283.05 feet to a calculated point
3. w" r" est, a distance of 52.34 feet to a calculated point;
4. S. . W, st7R s. distance of 90.35
feet to a calculated point;
5. South 48"" "" "' ' " of 67.75 feet to a calculated paint
6. South•12.39 ' _ .,F, ,. ance of 92.78 feet to a calculated point
7. South 37628'24 a ._..
f 444.43 feet to a calculated point;
B. North 86°54:36-1N
of the 151.37 acre��� •r •u7 to a calculated point in the west Una
described in a Constab , _ ortheast comer of a 7.066 acro tract
dated August O. 2000:.. - e qty of Williamson, Texas. Trustee
Official ai Public Records of " • ed under .., • nt No. 2000052765 of the
"' - son Texa being also at the southeast
corner of the said 6-591 acre tract;
MENCE waft the common Zine of the
following four (4) courses; ct • the 8.591 acre tract, the
1: North 39'32'22' West, a distance of 3
bar found;
2. North 24'28'20' West, a distance of 34.85 �eenrox,rr�rebar found;
3. North 1.45'28• West, a distance of 122.80 feet tis a' ; , • , und:
4. containing West, a (Valance of 470.12 feet t. tn,: P • l •:
9 9 498 acres land,of land, more or 1033. F EGINNING,
Emma A. Land Description
EXHIBIT B
Permitted Rice eons
g items ace Permitted Exceptions to the extent they are valid and subsisting and affect the
2, 1936, executed •by Mn CA Foreman to Texas Power & Light Company
e 503, Deed Records, Williamson County, Texas.
executed by Elin Foreman et a1 to Lone Star Gas
Williamson County, TCompany recorded inTout
Water Control and Improvement District to levy taxes and issue bonds.
guy wired
as „shown on surrey dakd April 1 6, 2004 by Rabat c. Watts,
auto u shown on survey dated April 16, 2004 by Robert C.
2.
Vo
3. The tights
4. Overhead uail
h Regiaraed
5. Cable market and gas
Watts, Jr., Re giet' owl
l
No. 4995 of Chaparral Professional Land
Surveying, Inc.
eyor No. 4995 of Chapat al Professional Land Surveying, Inc.
E
RECORDED
IC ARMS 2904035683
EXlIB1T 13, Permituxi Exceptions
COR Genetown Mie Co., Inc.
05/00 0 32
RL 00
M NC
uxu.
CLERK
TEXAS
rgetown Tale Company, Inc.
Pct C C
TE OF TEXAS
TY OF WILLIAMSON
1111111111111 111 GEED
9 PGs
GRANTEE:
§
§
November 3, 2003
DAVID L. CARLIN and wife
MARY C. CARLIN
1756 Foreman Road
(-"'"
ound Rock, Texas 78664
0
ORE TRAIL, LTD.
' ed Partnership
GRANTEE's ADDRESS:
LENDER:
LENDER'S ADDRESS:
CONSIDERATION:
DEED: SPECIAL WARRANTY
Suite 250
9
RIEGION
an Alabama
ssociation
2003107974
WARRANTY DEED
ATTN: Commercial
4314 W. $raker L
Austin, Texas 7875
TEN DOLLARS ($10,
consideration; the receipt ..
acknowledged by Grantor, w.
execution and delivery by Grant,
herewith in the principal amount o
order ofLender.
good and valuable
of' which is hereby
nsideration of the
ote of even date
ayable to the
ARR.
ROPtRTY
IN0r ANY IMPROVEMEN7s)
TY" HEREIN]:
fiend, more or less, out oldie P. A. Holder Survey, Abstract No. 297,
` ty, Texas, and being more fully described by metes and bounds in
hereto and made a part hereof
RESERVA,
TO CONVE
CEPTIONS
RANDY:
yance is made subject to, and Grantee accepts, those
s, covenants, reservations, conditions, and easements, if any,
out on Exhibit Il attached hereto, to the extent such are
ng, and properly of record; and subject, further, to all
re, .tions, and ordinances of municipal or other
ties, if any, but only to the extent that they are
elate to the Property.
AA VALORSMTAXES:
VENDOR'S Dm:
s
Ad '7. em taxes o c . operty for the year 2003 having been
prorated, the pa ,.: Ire 's assumed by Grantee.
It is expressly agreed t
in and to the Property, is
improvements until the abo
paid according to the face, .._
obligations under the Deed of Trust
become absolute.
ASSIGNMENT OF VENDOR'S LIEN
(3PD PARTY LINDER FINANC)NG):
Lender, at the instance and request of Grantee, .
Grantor that portion of the purchase price of the • r • a•' 'd in cashto
a 51,650,000,00 Promissory Note; THEREFt ' • t , e • 's Lied by
together with the Superior Title to the Pro e. Ior's Liens
benefit of Lender and both are hereby TRANS y' is e a in ASSet gr the
Lender,
DEED: SPECIAL WARRANTY
LIEN, as well as the Superior Title
t the Property, premises, and
ote and all interest thereon are fully
reading thereof and all
rmed, when this Deed shall
F TRUST:
In order to secure the payment of the Real Estate Lien Note, Grantee has
executed and delivered a Deed of Trust conveying title to demee Sh etd,
Trustee, for the benefit of Lender. NiAi S. Wes{ -
.(::;
exceptions to
together with
hold the Property
Grantor's succes
Property to Grant
lawfully claiming or to
exceptions to conveyan
or, for the consideration and subject to the reservations from and
meaty, GRANTS, SELLS, and CONVEYS to Grantee theProperty,
rights and appurtenances thereto in anywise belonging, to have and
n successors or assigns, forever. Grantor binds Grantor and
AND FOREVER DEFEND all and singular the
s successors and assigns, against every person whomsoever
nor any part thereof except as to the reservations from and
TERMS:
EXECUTED this 3
GRANfoR:
p
day of
uires, singular nouns and pronouns include the
sculine forms include the feminine.
2003.
DA
MARY C.
DEED: SPECIAL WARRANTY
..3.
WARR
day of
NOTARIAL CERTIFICATE
ORE ME by DAVID L. CARLIN AND WIFE, MARY C. CARLIN
2003,
1N TrHELAW OFFICE OF:
Ston Chapman, Jr.
CHAPMMAN SC HREIBER &PORTER, LLP
0 Grande Street
78705-5526 512/477-7543
FAX: 512/4740954
K emx• TM ll11280WyirRD&M .081DE®.
GFlIWMF
DEED; SPECIAL WARRANTY
EXHIBIT Et
Reservations From & Exceptions
to Conveyance & Warranty
de subject to, and Grantee accepts, only the following liens,
mations, conditions, and easements:
1. Easement
Light Com
County, Texas
2. Easement date
& Light Company,
County, Texas.
3. Easement dated Nov
Light Company, recor
County, Texas.
4. Easement dated November 22, 19
Power & Light Company, re
Williamson County, Texas.
5. Easement and right-of-way date
wife, Mary C. Carlin to Texas Pow
Page 948, Official Records, Williamso
dated October 27, 2003, prepared by
Land Surveyor No. 5589.
6. Easement dated November 2, 1936, granted
& Light Company, recorded in Volume 281,
County, Texas.
7. Easement dated December 9, 1938, granted by Eli
Company, recorded in Volume 296, Page 353, De
Texas,
8. Easement dated September 13, 1984, granted by Vivi
the City of Round Rock, recorded in Volume 1074, P
Williamson County, Texas.
9. Power poles and overhead electric lines as shown on su
2003, prepared by Margaret A. Nolen, Registered Profession
5589.
065, granted by J. Howard Buaas to Texas Power &
n Volume 477, Page 247, Deed Records, Williamson
1965, granted by J. Howard Buaas to Texas Power
o1u 485, Page 399, Deed Records, Williamson
, granted by Aug. Johnson to Texas Power &
me 281 age 501, Deed Records, Williamson
Richard C. Jennings et al to Texas
485, Page 398, Deed Records,
, granted by David L. Carlin and
any, recorded In Volume 1422,
xas, and shown on survey plat
olen, Registered Professional
Forsman to Texas Power
Records, Williamson
I to Lone Star Gas
Iiamson County,
ield et al to
Records,
ctober 27,
No.
Proposed 10' slope and public utility easement as shown on survey dated October
27, 2003, prepared by MargaretA Nolen, Registered Professional Land Surveyor
N0.• 9,
provisions, and conditions of Development Agreement dated October 9,
• •etween the City of Round Rock and Sycamore Trail, Ltd., recorded
t No. 200310 0125, Official Public Records, Williamson County,
REV 10/31/03
-3 , 2403 FRI 11.01 AM GEORGETOWN TITLE
l of 3
Arlin Tact
83 Acre Ttsct
FAX NO. 51E8694255 P. 14/23
EXHIBIT "A"
DESCRIPTION
CT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
N CO1►NTY. TEXAS, BEING ALL OF A CALLED' 2.00 ACRE
DESCRIBED IN THAT DEED TO bAVII) L. CARLIN AND
1NStkufo ff RECORISED IN DOCUMENT NO.9759883 OP THE,
SAID COUNTY, AND A CALLED 4.83 ACRE TRACY OP LAND
DEED TO TAMES L. CARLIN AND WTFE, MARY C. CA1tLIN
IN VOLUME 1155, PAGE 236 OF SAID OFFICIAL
s„a CT BEING MORE PARTICULARLY DESCRISED BY
LOWS:
BEGINNING ria
being on the southerl
northwesterly corner
on the aotthWesterly corner of said 2.00 Acre Tract, same
Y of Missouri Pacific Railroad, same being the
THENCE with the rtortherl t , td 2.00 Ac
line of said Missouri Pacific . at}, with
4004.79 feet, an arc length of 362.00 fee
beats, N 62° 06' 32" E fora distance
comer of a said 2.00 Acre Tract,
THENCE with the northerly ]dna of sat.
line of said Missouri Pacific Railroad, the fol
1) with the arc of s curve to he tett ..
340.32 feet, a =owl angle of 04° 52' or. ,.
distance of 340.12 foot to a W' iron rod found f
Tract, same being the southerly right -of --way
of a curve to the left, hating a radius of
et of 054 10' 49", end a chord width
a W' iron Ldd found for the northeasterly
astetly comer of said 4.83 Acrc Tract;
same being the southerly right-of-way
2) courses and distances;
f 4004.79 feet, an are length of
'eh bears, N 56° 09' 10" E far a
cncy hereof,
2) N 53' 42' 48" E for a distance of 410.56 feet , n
Tract, same being the approximate centerline of B
corner berme
THENCE with the northerly line of said 4.83 Acre Tract, s .•.
of said Brushy Creek, S 70' 32' 12" E for a distance of 116.
hereof;
ly corner of said 4.83 Acre
e being a northeasterly
roximate centerline
ost easterly corner
2003 FR! 11:01 AM GEORGETOWN TITLE
Zoll
:lin Tract
83 Acrc Met
di
FAX N0, 5128699255 P. 15/23
rly lite of said 4.83 Acte Tract, the following six (6) courses and
a W' Iron rod found at a distance of 36:56 feet, oo¢ttinttimg for a
65 feet to a W iron rod found for an angle point heroin
1) S
tots
2) S 14°4
3) S 37° 50' 2
point herorte
4) 5 62° 12'.26"
hereof
of 15.118 feet to a' 'A" iron ted Potted for an angle point hereof;
-Bpr a�• 5. v�
160.89 feet to a calculated point it a spoil pile for an angle
f 23107 feet to a W' iron rod found for an angle point
berm
.89 feet to a' t4" iron rod found for et angle point
5) 3 03° 06' 47" E for a
6) lY 82' 12.52" W for a distance OE 3
Cornu of said 4.83 Acre Tract,
being an angle point hereof
THENCE with the easterly line of said
27-61 acre tract of land as deaenbed in that de
instrument recorded in Volume 649, 1'.
S 16° 47' 12" E for a distance of 163.02 feet
same being the southwesterly corner bf sat•
approximate centerline of Lakecrcdr. same being
spike found in a 10" elan tree bean, S 02° 30' 29" E
THL'NCE with the southerly line of said 2.00 acre
centerline oflakecreek, the following Elva (5) courses
W' iron rod retard for the southwesterly
terly line of said 2.00 Acre Tract, same
Is being the westerly lint of a called
I. Hoover and wife. Sue S. Hower by
e Deed Records of said County.
rly corner of said 2.00 Acre Tract,
t, same being on the said
beroat from which a railroad
60.35 feet;
the said approximate
1) H 59° 23' 41" W for a distance of 69.51 feet for an angle
EZUBIT "Art
-2003 FRI 11:01 AM GEORGETOWN TITLE
e3ot3
unit Traci
83 Acte Tract
3)
4) 9
3) 951"
Tract,
FAX HO. 5128684255 P. 16/23
for a distance of 1201 fact for to angle point hereof;
a distance of71.71 feat for an angle point hereof;
L
distance of !1'3.36 fret for *n angle point hart 4
THENCE at with `"
found atadi
BEGINNING
Beating Basis is Grid
NAD '83
distance of 67.93 feet for the southwesterly comer of said 2.00 Acre
utbwy y corner heroot
Note Refer to attached starve
f said 2.00 Akre Tract. 1116" 50' 06^ W pane a W' iion rod
feet, cogtinujtig t6i a total distance of 193.44 to dm POINT OF
6;83' acre of land.
ekes State ?bne Coordinate Sy9tem, Central zoao,
Surveyed under the direct supervision of
t_to:
Margaret A. Nolen
Registered Professional Land Surveyor No.
BAKER-AICICLEN & ASSOCIATES. INC.
203 E. Main Street, Suite 201
8nand Rock Texas 78664
(512)244-9620
Ah !lea l tS4-t-0az-,3
f$aane: W:YROSECT3AWOgtr6krar ntETSS68
a7NPMnAI.M.dae
FILED AND RECORDED
Off 1CIL PU3LIC RECORDS 2003117974
.1/05/2003 02:41 PM
ANDERSON 530.00
NANCY E. RIMER, COUNTY CLERK
LILLTAMSON COUNTY, TEXAS
C/fi Georgetown Title Co., Inc.
wn Title Company, Inc.
2001007249 0 Pgs
OF TEXAS SPECIAL
o� sox § WARRANTY DEED
WITH VENDOR'S LIEN
DATE: \ 7 / c yanuary L 2001
GRANTOR: c i .crrta HOOVER
tit Sue Hoover
. Hoover
GRANTOR'S ADDRESS: :., x 156
Texas 78680
GRANTEE:
Partner 'p
GRANTEE'S ADDRESS: 2414 Expositio
Austin, T
C IDkRATioN:
TIMI DOLLARS 11 1:11J and other good and valuable
consideration, tog er , th rther consideration of the execution
and delivery by Grant romis
herewith, further identified
Y note of even date
80
REAL PROPERTY
(INCWDINt3 ANY IMPROVE vIErltS)
Erne 'PRotin rr• 1miEIN]:
2)r ctl:
27.61 acres of land, more or less, out ofthe P.A. HOLDER S
297, in Williamson County, Texas, and being more particularly .;
and bounds in Exhibit "A" attached hereto and made a pan her
EXCEPT a) 1.50 acres, more or less, described in deed to Roger A.
Suzanne B. Tiller, recorded in Volume 790, Page 892, Deed Records,
County, Texas, and b) 4.828 acres, more or less, as described in deed to 7o
D. sPEC.WARMNTY + VL
Ray. 01.10,01
and wife, Evelyn Jeanette Brown, recorded in Volume 815, Page 243, Deed Records,
Williamson County, Texas,
acres ofland, more or leas, out ofthe PA HOLDER SURVEY, Abstract No.
W ' Cody, Tis, end being more particularly described
Wit "B" attached hereto and made a part hereof; and
by metes
V
t as set out in deed dated October 21, 1980 from James J. Hoover
er to Joe P. Brown and wife Evelyn Jeanette Brown, and recorded in
243, Deed Records, Williamson County, Texas.
Rratiretinae
TO CONVEYANCE &
made subject to, and Grantee accepts, only those
awns, reservations, conditions, and easeinents
identified on Exhibit "C" attached hereto.
taxes for the year 2001, including any
by Grantee.
AD VALORKdtTAXEs: The
potential
.REAL EBTATYXWPNNOTE:
(Grantor's Loan)
VENnOA'siaEtr
Dna OF TItvsT:
(Grantor's Lien)
lrtpartial co
Grantee has
$750,000.00, pay
Williamson County,
It is expressly agreed that a
Title in and to the Property
and improvements until
thereon is fully paid according to
thereof when this Deed shall be
conveyance oftheProperty by Grantor,
e Lien Note in the principal sum of
of Grantor in Round Rock, •
can provided.
, as well as the Superior
the Property, premises,
Note and all interest
r, effect, and reading
In order to secure the payment of
Note, Grantee has maned and deliver -.
title to Ralph A. Rash, Trustee, for the
Estate Lien
conveying
DEED: Special war aty+ Vendor's lien
r.
anon and subject to the reservations from and exceptions to conveyance and
S, and CONVEYS to Grantee the
the : it'd • .. ,, „PertY, together with all and singular
thereto in any wise belonging„ to have and hold it to Grantee, Grantee's
heirs, r► - ' ya,, successors, or assigns forever. Grantor binds Grantor and Grantor's
all and , . ;►'* successors, and assigns to WARRANT AND FOREVER DEFEND
and to Grantee and Grantee's heirs, executors, administrators, successors,
assigns, _< . - son
therm � � a� whomsoever lawfully etaimin$ or to claim the same or any part
reservations from . , through, or under Grantor, but not otherwise, except as to the
to 1+svnee and warranty.
TERMS: o a au , ,• .,'� . singular nouns and pronouns include the plural; and
feminine.
EXECUTED this
GRArrroR:
DEED: Specie) Warranty + Vendcc'j Lien
ak
ak
Hoover,
•
•
•
2001.
PEND
K•VWCtWunech-Tmmae f2622Woover,5 (Sycamore Trail Lull
Sycamore Trail, LrdJ.2622.10.Jan00,rrpd
NOTARIAL CERTIFICATE
RE ME by SUE HOOVER, kx&vldually, on this ( D
day of January,
NOTARY PU. v • gra .r. arm- A S
DEED: Special Warranty+ Vanes Lien
WARRANTY +YL- Acreage Tract Wine
MEMORANDUM.
tat on d isptye Ira Dot
salaam remalstioa.
T,dcs cr
�.c cord -'in
txa8.. S
ticoiiveyed by.
record in V
F7exas. !•Surveye
Don H, Bizzell
•-dully as follows:
•BEGINNING at an it
•Missouri Pacific Ra
aforementioned 4.94j -a
•THENCE S 14' 40' E.!fol
:aforementioned 4,94.• -acre
'•on the North -Hank of.Lake
renter of Lake. Creek, four
•
EXHIBIT :A "
5,land;-aut off:he t:1A; olden Survey.,-'.AtSstrict• ..•' -
n:'Cdunty.,...11 s. •:. Sa i4 -). anj„a1so• .being all .oi•;';:.•:.- '
s-= dt •(10 OG acres) rnd= Second Traat-: 12_o0';acree).
�!+ Edd• Maxey,: et ux, to J. iHoward.Buass;. of -.
go 1: of thj •pee' Records of W lli3rirson •County,
jcludes -a 1.of I cerrtaisi 4,94'tacre tract .•-•.-.;
Jennisig , et ux,-.It J;'Ho t4ard Buass ' of '
ige -369 of.' the Ned*cord's of 4illiamson county,
ound in. the .month of gepte'nber. 1976, by
Professione l:Engineer, and'described more
the South right-of-way fence of the
point being the N,W,-cornr of the
ar'the N, W. corner hereof;
long th West line ,of the
.29 feet(passing'an iron pin 'set
611.'378,29 feet to a point in the
, corse ereof;
THENCE,down the center of Lake. Cre
•
427.61 _feet; S
• 'S 0° 4 4' �
1' E,310.59 feet; an
to a point for: the S,E, corner
THENCE N 0Q° 37' 14, !following a fence
aforementioned 12. 0141 -acre "tract, at 60,vu t
at 1201,12 feet passing another iron pin se
point in the. center:of Brushy Cree, for t
lows:
123,00- feet; •
' E, 461;0S feet
THENCE, along the centerline of Brushy Cree
• and N 6B' 36' W, 204,41 feet'tp a• point in the
fence of the Missoura Pacific Railroad, for th
• hereof;
East line of the
ing an iron pin set,
1286.12 feet to a -
rner hereof;
W, 404,79 feet•
t -of -way.
erly corner '
THENCE, along the said South fight -of -way fence, -5
/ feet passing an irons pin set, in all 410,75 feet'to
beginning of a Curv4 to the right (R = 3785 feet);.
•
THENCE, along the s4fd curve::(long• choic beari S 581).13
a distance of'340,5 feet'to ,t}ie plape of BEGINNING and c t3� �r7e61.
acres of land, SAVEC a) j acres mote °°�
0 or leis., a 790,, d
Roger A. Miller and wi�e,'Suzanne S: I�11Ter, recorded in Volume 7g0, • g�
Records, Williamson County, Texas and b) 4.828 acres, more or less, as de
_deed..tQ Joe P.. Brown and..y.ife,. Evelyn -..1 4lette.Bcown., [es d
s243. ;�
Deed Records, Williamson County,=rpzs; --.. .,..4.i:-.,- ..: x;f_; ,
at 192.0&'
at the ,
•
!B 11191
� � b1
describing a 23.217 acre tract of land In the P. .
ey. A-297-, in Williamson County, 'Texas and
of a 111.38 acre tract of land described in
ge 7 of the Deed Records of Williamson
being more particularly described by metes
es
,
BEG
Creek
111.3
int on the approximate centerline of Brushy
Northwest corner of the above mentioned
for the Northwest corner of this tract.
•to centerline of Brushy Creek £oY
urseas
7.09 feet
.51 feet
72 feet to its intersection with
Creek.
TRENCE d
the Eoll
(1) N B
(2) N 83°39
(3) N 65°20
the cent
TRENCE up the a
following six (6)
(1) 5 15°21'01°
(2) S 54049'22• W
(3) S 49°31'16'.w
(4J S 76'27'10° w
• (5I 3 46°47111` w
(6) S 25°53'48• H.
set
6 feet.
5 .85 feet -
197.74 *f
-131.48
line of Lake Creek for _the
THENCE S 41°00°06' E • -60.' .. ext -113.-11;
n .. . .
.1 D .,set-in the
North corner of. 516th` Cre Secti•.. ear as . recorded:>:+in
Cabinet i, Slide 164 "of •the
... ' co :• a ,-,of ;Williamson
County. Texas.. .
THENCE S 20°34'50' W 834.83 f- -cvo• �a.. Sroxi pin found
the west corner of the•said Secti. Te.
of Sonth Creek Section Twa, an reco North corner er
266 of the maid Plat Records; for " t r. Slide.
tract. ••int•of•this
THENCE with the arc of a terve to the
'said curve .having a radium of 323.56 fee
of 640524144, 'and a long chord which be
347_08 feet. to a point in the center of
Northwest corner of the•above mentioned SD a
angle point of this tract.
feet to
angle
57' W
-the
an
TeENCS N 72°d4'52'';W. -up the approximate cerate •
Creek 240.72 feet to.an angle point of the said
tract and an angle point -of -this tract.
THENCE N 00°31'04' E 356.36 feet to an -lean p
in
angle point -of the said 111.38 acre tract snd an
of this tract_
THEA N 00°01'33' W
979.13 feet to an iron pin fon s.
angle point of the said 111.38.acre
tract and an angle po
of this tract.
THENCE N 6.51218125* W 132.13 feat to the poflT op DECTRNZNq-
containing 23.217 acres of land, more or less.
: Cf a+
r, x:.., S
1. • AB
477
TARE IS MADE SDBJECT':TO... AND •CR:INTER ACCEPTS THE FOLLOWING RESTRICTIONS,
RESERVATIONS, coNpIVIQN$;.AjD EASEMENTS:
TO TR1 t
Meade exas
. Pa ad
2.. AS To TR s.
Howard Due
480, Page 399, et
3. AS to TRACT 1, -
Johnson to Texas
Page 501, Deed Rm
4.. A9 TO TRACT I, Ease
Richard C. Jennings
recorded in Volum* 4=
County, Texas.
55.. A8 TO TRACT I, 20' roadwa
March 25, 2000, from James J - Fkfo
Roger A. Miller and Wife* Su an a
790, Page 892, Deed Records, itt
:6e A9 TO TRACT IT, Electric ante
granted by Lee 8. Williams to Tex
recorded in Volume 711, rags 791,
County, Texas.
•,
I,
T
e
ated January 3, 1960, granted by J.
r i Light Company, recorded in Volume
s, Williamson County, Texas. --
November 22, 1960,.granted by J.
Light Company, recorded In Volume
lliamson County, Texas,
,ted November 2, 1936, granted by Aug.
Company, recorded in V41ume 281,
on County, Texas.
Willis
nt
a
Pa
ate
0
ve
3
22, 1466, granted by
r & Light Company,
ed Records, Williamson
P
d
ascribed in deed dated
wife Sue S. Hoover to
• rded in Volume
Texas.
er
r
n ty
• February 21, 1978,
r & Light , pany,
Records, 11 moon
:7. A9 TO TRACT IIf Existing electric line a -
dated December 1, 1983, prepared
Registered, Public Surveyor Na. 3337.8t en D
:8. AS TO TRACT Ile Easement dated October 4,
& Country Estates, Inc. to City of Round Rock, r
Wilting 1257, Page 573, Official Records, Willie
Texas..
:9. AS TO TRACT II,.Easement dated February .5, 1986,
Town & Country Estates,' Inc. to City of Round Rock, r
Texas.
Volume 1318, Page 728, Official Records, Williamson
tor
so.
ad
y plat
1
t
9
Town
10.. AS TO TRACT IIIc Easement dated December 9, 1938, gran
laura Pearson et al to Lone Star Sae Company, recorded in
n County, Te
11.. AS TO TRACT III, Easement dated July 17, 1930, granted by
Volume 294, Page 464, Deed Records, WilliamsoJ ,
•
Hardin and wife, Mary D. Hardin to Texas•�aser 1 Light Coups
recorded in Volume 364, Page 343, Deed Records, Williamson
County, Texas.
••3
12.. AS TO TRACT III, Easement dated January 1,, 1984, granted by HC
K
Joint Venture to City at Round Rock, recorded in Yoluse 1304,
Page 030, Official Records, Williamson County, Texas.
13.. A8 TO TRACTS I AND 111, This policy expressly does not
guarantee that the subiect property has rights of ingress and
egress over the railroad right-of-way to a dedicated road.
14:. AS TO ALL TRACTS; Any
railroad ri Portion of the property lying within the
qht-ot-way.
slltED NC RECORDED
OFFICIAL PUBLIC RECORDS
1\1e
02-01- '10:18 AN 2001007249
NANCY E. ANDERSON /COUNTY CLERK
WILLIAI1SON COUNTY, TEXAS
0
.'II Georgetown Title Co., TM,
rern524365.1/9-I8-0o
Homes,
undi
therco si
2000066004 9 pgg
GENERAL WARRANTY DEED
Raymond Foreman, Durwood Ray Bonnard, and The Forsman Family Limited
a Texas limited partnership, all of Williamson County, Texas (each, "Grantor", and
:., '), for the consideration hereinafter stated, does GRANT, SELL, AND CONVEY
of Texas, L.P., a Texas limited partnership doing business as Milburn
is County, Texas, ("Grantee"), all of each Grantor's right, title and
e following described real property, together with all improvements
County, Texas (the "Property);
out of the P.A. HOLDER SURVEY No. 9, ADSTRACr297,
unty, Texas,
ng the
re.. . - n a Iled .25 acre tract of land as described in a deed
to t al, as recorded in Volume 128, Page 456
of • O r. i..;1!.lt.a of Williamson County, Texas, said 151.37
acre tract + . o :.: iculady described on Exhibit "A" attached
hereto an • :... h . eof for all purposes;
To HAVE AND TO .-vr rr the • . - ogether with all and singular the rights and
appurtenances thereto in anywi b . ; • o Grantee, Grantee's heirs, executors, administrators,
successors, and assigns, forever.
And each Grantor does hereby bind
administrators, and successors, to WA
unto Grantee, Grantee's successors and a
or to claim the sane, or any part thereof su
Exhibit 'B" attached to and incorporated in
of ad valorem taxes and assessments for the
The consideration for this conveyance,recei.
other valuable consideration paid to Grantors for whichn
and such Grantor's heirs, executors,
DEFEND, all and singular, the Property
person whomsoever lawfully claiming,
the Permitted Exceptions set forth on
nce. Grantee assumes the payment
subsequent years.
Grantee's Mailing Address:
Contlnenta
4515 Seton Cent
Austin, Texas 78
Executed this 2) day of September, 2000.
WArfuxt r Dap
acknowledge, is $10.00 and
press or implied is retained.
s, L.P.
le 200
Paul Raymond Forsman
TCTI2S24365.1na3-00
D,
Durwood Ray Bourlan
The
(a Texas
man Family Li
ed parte
THE STATE OF TE
COUNTY OF
This instrument was ac
Forman.
SYLVIA STANLEY
Notary Public. time of 'texas
MY Commission F)q k i
November 23, 2003
THE STATE OF TEXAS
COUNTY OF
P)
Elizabeth N. Dowel, Gen
ore me on Septemberr,2% ; 0, by Paul Raymond
Partnership
Partner
State of Texas
This instrument was acknowledged before me on
Bourland.
"• "y� CINDY L t1ARRINGTON
•Notary ttb64 shh al Tons
Myeanbsakdf3013
• SEPTEMBER 17, 2003
W.k lW,ry MED
000, by Durwood Ray
Notary Public - State o
Page 2
C172524165.1!2d5-00
THE
COUNTY OF
The Forsman Family Limited Partnership
(a Texas limited partnership)
B Lillt
Elizabe . Dome
F TEXAS
••44 .Ria •
This instrument was ac
Forsman.
N.t
STATE OF TEXAS
COUNTY OF
This instrument was acknow
Bourland.
ru
WARRANrrnr
ri
,
eneral Partner
e on September2000, by Paul Raymond
- State of Texas
-1
,
§
me on
mu 000, by Durwood Ray
4
A
Notary Public - State o
Page 2
e
Fan
1CT/2524365.112-1540
TATE OF TEXAS
OF W.,khawls..-,
ttument was acknowledged before ate on September _2-Q , 2000, by Elizabeth N.
of The Forsman Family Limited Partnership, a Texas limited partnership,
partnership-
CNI
Notary Public - SWtatdoffTexas
ranomy C. Taylor, Esq.
JACKSON WALXEFt11.P.
100 Congress Avenue, Suite 11
Austin, Texas 78701-4099
RETURN TO
TRAVIS TITLE Co.
WARRAttnrDwD
Page
Fors
an Boundary
Acres
EXHIBIT A
a ES' RIPTiON OF 151.37 ACRES OF OUT OF THE P.A. HOLDER SURVEY NO, 9, ABSTRACT 297,
IN ' IAMSON COUNTY, TEXAS. SAID 151.37 ACRES OF LAND BEING THE REMAINDER
W
'�1- D 1 25 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CARL ANTON FORSMAN
A R = ORDED IN VOLUME 128, PAGE 456 OF THE OFFICIAL RECORDS OILLIAMSON
T D15,1.37ACRE TRACT, ASSHOWN ONTHE CARTER AND BURGESS, INC.
O. 4001, : EING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FN00.065 (RLM)
Job No. X5024.001ber 0140047
SE0
being t sou
Cabinet F,
B of South
of Williamson
THENCE, with
South Creek S
found for the north
recorded in Docume
northeast comer of Roun
151.37 acre tract, being
a %-inch iron rod found far
a calked 16.812 acre Park
recorded In Cabinet D, Slide
south line of the herein decal-
distance of 1758,54 feet to a 5' fe
151.37 acre tract, being the northw
the said Greensiopes At lake
found for the southeast corner of the herein described 151.37 acre tract,
ot 11, Block A of South Creek Section One, a subdivision recorded in
ecord; of Wdhamson County, Texas, and being in the north line of Block
teen, a subdivision recorded In Cabinet F, Slide 230 of the Plat Records
her- n described 151.37 acre tract, being the north line of the said
"• •55"W, passing at•a distance of 504.36 feet a 1/4 -inch bon rod
1.50 am tract of land described In a deed to Hugh Noel as
of the Official Records of Williamson County, Texas, being the
ubdivlsion, continuing with the south line of the herein described
said Round Rock East, passing ata distance of 1615.16 feet
er of r - said Round Rock East, being a northoastcomer of
opes At Lake Creek Section Two, a subdivision
of Wiliamson County , Texas, continuing with the
Tact, being the north line of the said Park Site, a total
tfound fo the southwest corner of the herein described
ertithe sa• •- Site, and being in the east line of Block Aof
ectlon'hv.
THENCE, with the west line of herein d -
N 04'40'12'W, Passing at a distance of4:..27
Creek Section Two, being the sou hedst . m of
subdivision recorded in Cabinet F, Slide 115 0 : •
a total distance of 635.97 feet to a 34 -Inch Iron no. f.
Oreonslopes At Lake Creek Section Nlne;
THENCE, continuing the west tine of the herein d- -
saki Greensbpes At Lake Creek Section Mae, the fo
ot, being the east line of the saki Block A,
t comer of the said GreenslopesAl Lake
nslopes At Lake Creek Section Nine, a
f W idiarnson County Texas, continuing
pie point in the east Zine of the said
Tabr
1. N 05'37'14" W, a distance of 303,14 feet to a 5/e -Ino
2. N 01'53'59" W, a distance of 134.84 feet to a 60-0 nall fo
3. N 01'42'46" E, a distance of 271.01 feet to a 5/8 -inch iron
4. N 04'49'10" W, a distance or 297.49 feet to a X- inch Iron rod
5. N 05.46'57" W, a distance of 248.36 feet to a 5/8 -Inch Iron rod w'
6. N 03.3914' W, a distance of 184.70 feet to a 5/6 -inch iron rod with
tract, being the east line of the
unease
set;
Page 1 of
EXHIBIT A
an Boundary
51.3 Acres
(R
September
Job No. 050214.001.1.4047
" W, a distance of 247.21 feet to a 5/84nch iron rod with cap set;
8 N 05°Ra 'S . W. a distance of 214.93 feet to a 5/8 -inch iron rod with cap set;
9 e of 274.53 feet to a 5/8 -inch iron rod
with cap ser
10. N
•'t of 48.62 feet to a S4 -inch iron rod found, for the northeast comer of the said
Gr-- •- .. a Lok Section Nino, bei
231 74 ' re ' " : described in a a southeast comer of the remainder of a tailed
De = .. L in Volume 710, Page 700 of the Official Recordsof eed to Gaston DevelopMentW Wilkinson County,
Texas; :.. ,:.
THENCE. contin
the saki 231.374.374„ act line of the herein described 151.37 acre tract, being the east line of
e,:. ,y
' °"" (5) courses:
1. N 04°4221" W,
2. N 14°35'00" W, a dis
3. N01°12'00•W,adistanc
4. N 19°18'53- E, a distance of
3
feet to a 5/8 -inch iron rod with cap set;
to a W8 -Inch iron rod with cap set;
nch Iron rod with cap set;
5/8 -inch iron rod with cap set;
5. N 30°1200° W, a distance of 47- , eet to a 5/8 -
of the said 231.374 acre tract, being the
described In a deed to Sue Hoover as r
of Williamson county, Texas;
THENCE, continuing with the west line of the
the said 6.591 acre tract the (*Bowing four (4)
1. N 36°28'50" W, a distance of 39.42 feet to a 5/8
2. N 22°05'00" W, a distance o134.83 feet to a 5/8-1
3. N 00940'00" E, a distance of 122.92 feet to a 5/8-knch i . .
w •-et;
od with cap set, for the northeast comer
er of a called 6.591 acre tract of land -
2159, Page 880 of the Official Records
151.37 acre tract, being the east line of
with cap set;
set;
4. N 00°00100-W, a dance of 521-98 feet to a 5/8 -Inch Ironof the
herein northeast
being in thesod southeastlineline of a Union e PacifibeRailroad, (form
Northern Company Railroad) 100' right-of-way as recorded In V
Records of Williamson County, Texas. from which a 1 -inch Ir
00°00'00" W, a distance of 1.65 feet;
THENCE, with the northwest line of the herein described 151.37 acre tract,
the said Union Pacific right•of-way, the following two (2) courses:
1. N 72°3119" E, a dstance of 465.41 feet to a 5/8 -inch Iron rod with cap set;
the northwest comer
6.591 acre tract, and
ational and Great
05 of the Official
found bears N
east line of
Page 2 of 4
EXHIBIT A
Boundary
7 Acres
FN00-065 (RW)
September 20, No. 05502100..404
tante of 476.44 feet with an arc of a curve to the left whose central angle is 07°39'26°, with a
of 3564.94 feet and whose chord bears N 71°1515' E. a distance of 478.08 feet to a 5/8 -Inch
• with cap set tor the northwest comer of a caped 2.0 acre tract of land described In a deed to
L 'rpn and Maty C. Catlin as recorded In Document No. 9759883 of the Official Records of
s , Texas, for a northeast corner of the herein described 151.37 acre tract
east line of the saki Union Pacific Railroad, being the northwest line of the
ith the boundary of the said 2.0 acre tract and the herein described 151.37
courses;
ong
acre
1.
S 14
apoin ce of 7.82 feet to 14 inch iron rod found, a total distance of 211,08 feet to
alis •knate center of Lake Creek
2. N 53°39'1
3. N 78°14.55`
4. S78°f9'S8"E,ad
5. S 64°43'52" E, a dlsta
6. S 70°33'46" E, a distant
the southeast corner of the s3
acre tract and being in the west
C. Jennings as recorded in Docum
f67
feet to a point In the approximate center of Lake Creek
7\eel to a point h the approximate center of Lake Creek:
eet to a point In the approximate center of Lake Creek
et to • .oint h the approximate center al Lake Creek
Int in the approximate center of Lake Creek, being
being a ped 42.478 n«e tract of land described in a deed to Richarheast corner of the herein described d facial Records of WiKiamsen County, Texas;
acre tract being the west line of the said
THENCE, with the east lino of the herein
42.478 acre tract, the following two (2)
1. S 14°38'22" E, a distance 01312.87 fee
2. S 14°36'2r E. a distance of 1460.07 feet to a
THENCE. continuing with the east the of the hero
the said 42.478 acre tract, being the west line of a =°
& S Group, Ltd. as recorded In Volume 2525, Page 84
Records of Williamson County, Texas, and being the w
One, a subdivision recorded in Cabinet L, Slide 201 of
S 07°00'43° E a distance of 545.21 feet to a 14 -Inch iron rod
South Creek Section Twenty, Phase One, being the northwest
Section Seven, a subdivision receded h Cabinet e, Slide 2590
Texas;
cattle guard;
rod with cap set;
acre tract, being the west tine of
of land described in a deed to J
2532, Page 623 of the Official
eek Section Twenty, Phase
pfamson County , Texas,
west comer of the said
lock 8 of South Creek
Wr'tliamson County,
THENCE, continuing with the east line of the herein described 151.3
the said South Creek Section Seven, and the west fine of the said South
two (2) Courses:
the west line of
, the following
1. 8 06° 58' 17" E. a distance of 1507.12 feet to a 114 -Inch Iron pipe fou ° o�rt Int and
Page 3 of 4
EXHIBIT A
man Boundary
7 Acres
September 20, 22000
Job No. 050214.001.1.4047
S 07° 33' 54" E, a ristance o1 105.77 feet to the POINT OF BEGINNING and containing 151.37
acres a land
cou
above
WI
2000 A.D.
KNOW ALL MEN BY TI-IESE PRESENTS:
e, a Registered Professional Land Surveyor, do hereby certify that the
correct to the best of my knowledge and belief.
D SEAL at Austin, Travis County,Texas this the 200 day of Sept
Carter& Burgess,
901 South Mopac _.
Austin, Texas 78746
John Stra
Registered Professional Land Surveyor
No. 4283 - State of Texas
Page 4 of 4
EXHIBIT A
0725261 65.2/9-1 g.pe
tax
EXHIBIT "B"
PERMITTED EXCEPTIONS
of Brushy Creek Water Control and Improvement District No. 1 to levy
granted
,salon and/or distribution line easement, together with all rights
Deed Reccdo .n exas Power &Light Company as described in Volume 281, Page 503,
., ofson County, Texas.
3. ' ° N •ho
therein, conveyed a line easement and right of way, together with all rights granted
L . ne S ' as
of Williamson Co any, as described in Volume 296, Page 353, Deed Records
tr, T: " a
4. 30' pub
City of Round Rock as
County, Texas.
together with all rights granted therein, conveyed to the
ume 174, Page 218, Official Records of Williamson
5. Public utility
conveyed do the City of Round
Williamson County, Texas.
6. The following matters re
and Burgess, Inc., John Strawbridge, Re
right of way, together with all rights granted therein,
described i e 1123, Page 325, Official Records of
URN TO
W,,;AVIS TITLE CO.
Peawr,m Excepnows
y dated September 20, 2000, by Carter
onal Land Surveyor No. 4283:
Overhead utility lines Crave
variation between fences an
ect property;
1 property lines;
ravel mads traversing the
rights of ingress and egress over th
Property; and
Portions of the Property lying within the
FLED AV RECORDED
OFFICIPLL PUBLIC RECORDS
)Do/n E. `Ptiu+y"aa,
10-03-2000 09:13 AH 2000066004
NANCY E.HRISTER 'COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
pl
Eisitanr
Page 1 or 1
72524354.119-ig-00
2000066006 7 r.�s
SPECIAi WARRAryTYD rn
ciaB. Green, Independent Executrix of the Estate of Vivian L. Mayfield, of Travis
("Grantor'), for the consideration hereinafterstated, does GRAM SELL, AND CONVEY
of Texas, L.P., a Texas limited partnership doing business as Milburn
vis County, Texas, ("Grantee') all of Grantor's right, title and undivided
g described real property, together with all improvements thereon,
, Texas (the "Property):
out of the P.A. HOLDER SURVEY NO. 9, ABSTRAer297,
County, Texas, said 151.37 acres of land being the
�.
ed 153.25 acre tract ofland as described in a deed
m. t al, as recorded in Volume 128, Page 456
Williamson County, Texas, said 151.37
articularly described on Exlu "t " " attached
eof for all purposes;
ogether with all and singular the rights and
antee, Grantee's heirs, executors, administrators,
interest
situat
to
of
acre
hereto
To HAVE AND To
appurtenances thereto in an
successors, and assigns, foreve
And Grantor does hereby d Grantor
successors, to WARRANT AND FOREVER D
Grantee's successors and assigns, again,
the same, or any part thereof, by, through,
the Permitted Exceptions set forth on
reference. Grantee assumes the payment of ad v
and for subsequent years.
heirs, executors, administrators, and
singular, the Property unto Grantee,
ever lawfully claiming, or to claim
but not otherwise, subject however, to
to and incorporated in this Deed by
d assessments for the current year
The consideration for this conveyance, receip
other valuable consideration paid to Grantor for which n. :ith: aclmow]edges,is510.00and
press or implied is retained.
Grantee's Mailing Address: Continental • , ,
4515 Seton Cent 'a •• a L, 200
Austin, Texas 78
Siam W'n,uuxry oeto
Pagel
Cr72524354.l,7-J5-00
0441/4-
Executed this a' day of September, 2000.
NTOR:
THE STATE OI'�
COUNTY OF TRA
This instnunent
Green, Independent EX
44010
.8:
:. • me ° at
"•� CINDY L HARR
mien Pubic, aos Vital
Nreeemesioe Wee
+10. SEPTEMBER 17, 2003.
114,
Im[r(-7rf'
Timothy C. Taylor, Esq.
JACKSON WALKER LLP.
100 Congress Avenue, Suite 1100
Austin, Texas 787014099
Tn4vls rli'�E CQ.
SPECIAL WARRANTY DEEM
Patricia B. Green, Independent Execun i x of tho Estate
of Vivian L. Mayfield
before me on September 28. 2000, by Patricia B.
of man L. Mayfield.
Nota
- State of Texas
Page 2
� Llan Boundary
15yd7 Acres
EXHIBIT A
FN00-065 (RLM)
2000
Job No. 0502e 4.001ber ,4047
RiPTtON OF 151.37 ACRES OF OUT OF THE PA. HOLDER SURVEY NO.9, ABSTRACT 297,
SON COUNTY, TEXAS. SAID 151.37 ACRES OF LAND BEING THE REMAINDER OF A
25 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CARL ANTON FORSMAN,
ORDED IN VOLUME 128. PAGE 456 OF THE OFFICIAL RECORDS OF W LLIAMSON
D 151.37 ACRE TRACT. AS SHOWN ON THE CARTER AND BURGESS. INC.
EING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
d found for the southeast corner of the herein described 151.37 acre tract.
•1 11, Block A of South Creek Section One, a subdivision recorded in
*cords of Wilfiantson County, Texas, and being In the north line of Block
eventeen, a subdivision recorded In Cabinet F, Slide 230 of the Plat Records
ir.
BEG'
being
Cabinet F
BofSouth
of Williamson
THENCE. with
South Creek Secd
found for the north
recorded in Docume
northeast comer of Roun
151.37 acre tract, being
a /cinch iron rod found for
a called 18.812 acre Park
recorded In Cabinet D, Slide
south line of the herein destxt- -
distance of 1758.54 feet to a 5" fe
151.37 acretract, being the northw
the said Greenslopes At Lake Cr
he
S
he - n described 151.37 acre tract• being the north fine of the Bald
'55" W. passing at distance of 504.36 feet a 1/4 -inch kon rod
1.50 are tract of land described In a deed to Hugh Noel as
of the Official Records of Williamson County, Texas, being the
bdfvtslon, continuing with the south line of the herein described
said Round Rock East, passing ata distance of 1615.16 feet
er of he said Round Rock East, being a northeast comer of
ones At Lake Creek
Section
s of WRRamson Coun Two, a withsubdivision
the
tract, being the north line f thTexas, continuing id Park Site,
a total
post found f• the southwest corner of the herein described
mer ofthe - . . Site, and being In the east line of Block Aof
Section Tw. •
THENCE, with the west line of herein des
1404.40'12' W, passing ata distance014creek Section Two, ...
the southeast
subdivision recorded Ciabinet F, Slide 115
a total distance of 635.97 feet to a 34 -inch iron rod
Greenslopes At Lake Creek Section Nine;
THENCE, continuing the west tine of the herein
said Greenstopes At Lake Creek Section Nine, the folowf
1. 14 05.37'14" W, a distance of 303.14 feet to a 5/8-inc
2. N 01'53'59' W, a distance of 134.04 feet to a 60-D nail found
3. 1401.42'48" E, a distance of 271.01 feet to a 518 -inch Iron
4. N 04'49110" W, a distance of 297.49 feet to a'/,- Inch Iron rod
5. 14 osmetr W, a distance of 248.36 feet to a 5/84nch iron rod wi
6. 1403.39'14" W, a distance of 184.70 feet to a 5/8 -inch iron rod with
cf, being the east fine of the said Block A,
east comer of the said Greenslopes Al Lake
eenslopes At Lake Creek Section Nine. a
Williamson County, Texas, continuing
ngfe point in the east line of the saki
tract, being the east line of the
ursas;
set;
Page 1 of 4
EXHIBIT A
man Boundary
7 Acres
FN00.065 (RLM)
September 20, 2000
Job No. 050214.001.1.4047
05'29" W, a distance of 24721 feet to a 5J8 -roil iron rod with cap set;
9" W, a distance of 214.93 feet to a 5/8 -inch iron rod with cap set;
stance of 274.53 feet to a 5/8 -Inch iron rod with cap set;
10. •ar- dic - of 48.62 feet to a 1/2 -inch iron rod found, for the northeast comer of
the said
k Section Nine, being a southeast comer of the rema•Xxfer of a called
231.37• acr=I.
De as descnbed in a deed to Gaston Development Co. and Gadand
Texas, • • , t •. : - • rded h Volume 710, Page 700 of the Official Records of W iliamson County,
t line of the herein described 151.37 acre tract, being the east Zine of
five (5) courses:
.53 feet to a 5/8 -inch Iron rod with cap set
et to a 5/8 -Inch Iron rod with cap set;
-Inch iron rod with cap set;
a 5/8 -inch iron rod with cap set;
N 3092'00" W, a distance of feet to a
of tha said 231.374 acre tract, being the
described in a deed to Sue Hoover as
of Williamson county, Texas;
THENCE, continuing with the west line oft _
the said 6.591 acre tract the following four (4
THENCE, can7 u
the Sall 231.374
1. N 04°42'21" W,
2. N 14°35'00" W, a
3. N 0112'00" W, a dicta
4. N 19.18'53" E, a distance
5.
rod with cap set, for the northeast corner
ner of a called 6.591 acre tract of land
e 2159, Page 880 of the Official Records
151.37 acre tract, being the east line of
1. N 361'28'50" W, a distance of 39.42 feet to a
2. N 22°05'00" W, a distance of 34.83 feet to a 5
3. N 00°40'00" E, a distance of 122.92 feet to a 5/8-1
4. N 00°00'00" W, a distance of 621.98 feet to a 5/8-hch ir-
of the herein described 151.37 acre tract, being the northe
being h the southeast Ina of a Union Pacific Railroad, (f• '.
Northern Company Railroad) 100' right-of-way as recorded 1
Records of Williamson County, Texas, from which a 1 -inch
00°00'00" W, a distance 011.65 feet;
THENCE, with the northwest fine of the herein deserted 151.37 acre
the saki Union Pacific right-of-way, the following two (2) courses:
1. N 72°31'19" E, a distance of 465.41 feet to a 5/8 -inch kon rod with cap se ;
with cap set;
cap set;
set;
-t, for the northwest comer
id 6.591 acre tract, and
ternational and Great
a 705 of the Official
It found bears N
utheast line of
Page 2 of 4
EXHIBIT A
9
man Boundary
7 Acres
FN00-065 (FILM)
September 20, 2000
Job No. 050214.001.1.4047
istance of 476.44 feel with an arc of a curve lo the left whose central angle is 07°39'26", with a
of 3564.94 feet and whose chord bears N 71°15'15' E, a distance of 476.08 feet to a 518 -inch
with cap set for the northwest comer of a caned 2.0 acre tract of land desen'bed in a deed to
rlin and Mary C. Carlin as recorded in Document No. 9759883 of the Official Records of
• r .. , Texas, for a northeast comer of the herein described 151.37 acre tract;
theast line of the said Union Pacific Railroad, being the northwest line of the
-th the boundary of the said 2.0 acre tract and the herein described 151.37
r) courses:
1. 514
a polo
of 7.82 feel to 14 Inch iron rod found, a total distance of 211.08 feet to
le center of Lake Creek:
f 67.99 feet to a point h the approximate center of Lake Creek
eel to a point in the approximate center of Lake Creek:
eet to a point in the approximate center of Lake Creek:
et to :. oint in the approximate center of Lake Creek:
Qin! in the approximate center of Lake Creek, being
being a northeast corner of the herein described 151.37
lied 42.47 re tract of land described in a deed to Richard
. 95581: a . the . rtiicial Records of W ntiamson County, Texas;
acre tract, being the west line of the said
2. N 53°39'1
a N 78°14'55"
4. 3 78°19'58" E, a di.
5. S 64°43'52" E, a dis)a
6. S 70°33'4e' E, a Osten
the southeast comer of the sa
acre tract, and being in the west 1
C. Jemings as recorded in
THENCE, with the east Zine of the herein
42.478 acre tract, the following two (2)
1. 514°38'22° E. a distance of 312.87 fe
2. S 14°3627 E. a distance of 1460.07 feet to
THENCE, continuing with the east line of the here dosed
the said 42.478 acre tract, being the west line of a caueo
& S Group, Ltd. as recorded in Volume 2525, Page 84
Records of Williamson County, Texas, and being the w
One, a subdivision recorded in Cabinet L, Slide 201 of th
807°00'43" E a distance of 645.21 feet to all -inch iron r• • ,
South Creek Section Twenty, Phase One, being the northwes
Section Seven, a subdivision recorded in Cabinet Et, Slide 259
Texas;
on a cattle guard;
rod with cap set;
7 acre tract, being the west tine of
t of land described in a deed to J
2532, Page 623 of the Official
eek Section Twenty, Phase
Williamson County , Texas,
west comer of the said
Bock 5 of South Creek
of Williamson County,
ac : tra.
a V.. m
stI,•.of
Plat • .•
THENCE, continuing with the east tine of the herein described 151• - a = b,, -"
the said South Creek Seclbn Seven, and the west Inc of the said South
two (2) courses:
the west line of
0, the following
1. S 06° 58' 176 E, a distance of 1507.12 feet to a 114 -inch iron phe fo
Page 3 of 4
EXHIBIT A
oint, and
man Boundary
7 Acres
September00.065 (RIM)
Jab No. 050214.001.1A047
20, 2000
S OT 33' 54'1E, a distance of 165.77 feel to the POINT OF BEGINNING and containing 151.37
. es of land.
COU
above
KNOW ALL MEN BY THESE PRESENTS:
ge, a Registered Professional Land Surveyor, do hereby certify that the
• correct to the best of my knowledge and belief.
WIT
2000 A.O.
D SEAL at Austin, Travis County, Tex this the 20'h day of September,
Carter & Burgess,
901 South Mopac B
Austin, Texas 78746
John Stra
Registered Professional Land Surveyor
No. 4283 - State of Texas
Page 4of4
EXHIB1T,A
CT2526165.2/9-16-00
taxes an
EXHIBIT "B"
PERMITTED EXCEPTIONS
of Brushy Creek Water Control and Improvement District No. 1 to levy
�- ssion and/or distribution line easement, together with all tights
granted th •' �'
Deed Recor exas Power &Light Company as described in Volume 281, Page 503,
o .: ., n County, Texas.
3.
therein, conveyed
of Williamson Co
e lin easement and right of way, together with all rights granted
4. 30' publi
City of Round Rock as de
County, Texas.
y, as described in Volume 296, Page 353, Deed Records
together with all rights granted therein, conveyed to the
4, Page 218, Official Records of Williamson
5. Public utility nt • • . right of
conveyed do the City of Round R.•.: described'
Williamson County, Texas.
6. The following matters refl
and Burgess, Inc., John Strawbridge, Regis
together with all rights granted therein,
1123, Page 325, Official Records of
TRAVIS T CEO CO,C Qu-csz as
PEnourvExarrials
y dated September 20, 2000, by Carter
Land Surveyor No. 4283:
Overhead utility lines Craver
variation between fences an
rights ofingress and egress overth
Property; and
portions of the Property lying within the
Property;
property lines;
avel roads traversing the
FILED MO RE=
OFFICIAL PUBLICRECORDS
l �4liYt�l 6. Y
10-03-20000 OB:13 AM 2000066006
NANCY E.R
MRISTEs.CCOUNTY CLERK
WILLIAMSON COUNTY, TEXAS
EINEelr
Page l of l
TCT/ 5244812/9-18-00
2000065504 21 P
GENERAL WARRANTY DEED
ennings, Richard C. Jennings, Sr., James Anthony Jennings, Sr., Charles D.
Sam... M.Jennings, Betty JuneSeiders,DonM.Jennings,DebraKayCliburn,
s, heron Ann Smith, Charles D. Jennings, Jr., Wesley Allen Jennings, Joe
Seiders, James A. Jennings, Jr., Jesse L. Jennings, Richard C.
as; Christopher L. Jennings, and JulieAnn Jennings (also known
owning, occupying, and claiming other property as homestead
e consideration hereinafter stated, does GRANT, SELL, AND CoNvEY
of Texas, LP., a Texas limited partnership doing business as Milburn
•" County, Texas ("Grantee"), the following described real property,
croon, situated in Travis County, Texas (the "Property'):
Je
Jenni
as Sidi
(collective
unto Con
Homes, with
together with
33.6
ABS
a 42.47
Document
Texas, and be
hereto and ma
situated in the P.A. HOLDER SURVEY,
son County, Texas, being the remainder of
Richard C. Jennings as recorded in
De Records of Williamson County,
ribedon Exhibit "A" attached
all purposes;
To HAVE Aso To HOLD roperty, to
appurtenancesthereto in anywisebelongingunto
succes ,ors, and assigns, forever.
And Grantor does hereby bind
ors, to WARRANT AND FOREVER DE
Grantee's successors and assigns, against everyp
the same, or anypart thereof, subject however, to
attached to and incorporated in this Deed by refer
taxes and assessments for the current year and for subsea
The consideration for this conveyance, receipt ofw
other valuable consideration paid to Grantor for which no lien er
Grantee's Mailing Address; Continental Ho
4515 Seton Center
Austin, Texas 78759
with all and singular the rights and
tee'sheirs, executors, administrators,
s heirs, executors, adrninistrators, and
grrlar, the Property unto Grantee,
ver lawfully claiming, or to claim
xceptions set forth on ?Exhibit "B"
the payment of ad valorem
WARRANTY DEED
wledges, is 510.00 and
implied is retained.
Page 1
Jnmin
rc1n524481.2na5-00
Executed this day of September, 2000.
GRANTOR:
WARRANTY DEED
Jennings, -
Richard C. Jennings, Sr.
Anthony Jennings, Sr.
Betty Jun ' •• iders
itralkardt 11
Debra Kay C/ IF
Linda Ruth Jennings
Sharon Ann Smith
TC r/25244 81.12- t s. 00
a'esley Ileo Tenni;1-'n----/-
.Se;ders, Jr.
rs
James A. Jennings, Jr.
THE ST
COUNTY OF TRAVIS
undersigned authority, personally appeared Betty June S
TRAVIS TITLE
TC1/J3248I.I4.I542
Wesley Alien Jennings
Joe Jeffrey Seiders
512 345 4..i)2 p,a3,-Jo
THE STATE Op TEXAS
COUNTY or IBAVIS
Before Inc,
the undersigned
TCT2574481.12-15-00
Warranty DeedPage 3 lenningsrM lbum
Linda Ruth Jennings
Sharon Ann Smith
Charles D. Jennings, Jr.
Wesley Allen Jennings
Joe Je iders
James A. Je
(g4) .
(a
Jesse L. Jennings, by
duly authorized
James A. Jennings, Jr.
Richard C. Jennings, Jr.
SEP 9-2909 19:53
TRAVIS T: TLE
TCT/252448140.•15-00
Richard C. Tannings, Sr.
Imes Anthony Taulings, Sr.
Charles D. 'timings, Sr.
Sammy M. Jennings
Juno Seidcrs
512 345 4352 P.07i11
4
Debra
Linda Ruch Tannings
Sharon Arm Smith
Charles D. Tannings, Ir.
TATE OF TEXAS §
OF TRAVIS §
t was acknowledge before me on Septembercan , 2000, by Ruth Jennings.
Notary Public - State of Texas
K\a52g13/2-IS-UO
ATE OF TEXAS
TY OF TRAVIS
§
strument was acknowledged before me on September 20 , 2000, by Richard C.
THE STATE OF
COUNTY OF TRA
Notary publi State of Texas
This instrument
Jennings, Sr. before me on Septembers 2000, by James Anthony
441r
SYLVIA STANLEY
Notary Public, Sram nrinra.
Y•;ri Riv Comm/aeon Expires
November 23, 2003
THE STATE OF TEXAS
COUNTY OF TRAVIS §
This instrument was acknowledged before me on
Jennings, Sr.
sap
tate of Texas
°r SYLVIA STANLEY
Nnryy R,briq Sun= or'rcrss
)dy tom'i pion Eapirca
Noyember23, 20113
/
40/11
_ 24 le Mi garesi
Notary ?u t'1 c - State
6 2000, by Charles D.
wmuturry Dao
nee 5
lean
TCT 2446!.7/1-15-00
ATE OF TEXAS
OF TRAVIS
§
Lament was acknowledged before me on September 2.0 2000, by Sammy M.
THE STATE OF
COUN'T'Y OF TRA\
§
Notary ub t - State of Texas
This instrument was
Seidets. befo me ortSeptember AD , 2000, by Betty June
THE STATE OF
COUNTY OF
This instrument was acknowl
Jennings.
WAMAxry teen
2000, by Don M.
Notary public - S
Printed Name:
My commission expires
Pegs 6
SE P 19-2009 18:54 'MAUI 5 TITLE
_ TCr1152446r.U:.rSgo
OP TRA
This instrument was acknow
•
THE ST
COUNTY 017
This ins
Solders.
"A�
r•"•
; -
d before me on Septe
Notary Public - State of Te
ledged before
iv
TTE STATE OF C3 PIA, 4
COUNTY OF ' /Pt {' §
cThis instrument was acknowledg
Jennings.
TRE STATE
0• •
5
COUNTY (*TRAVIS
This instrument was acltnowledg
Cliburn.
ub1io - State of Texas
.,
512 345 4352 8.08/11
2000, by Sammy M.
2000, by Betty June
ember Sf J 2000, by bon
Agfilrea
• _'' c e of
Notary
/tinted
My corn
§
f„ rI •o..
NOTARY
ore Inc on Scptem
r s:
Notary Public - State of Te
ilt ►d lr.
��•.� _a
=ttc
4
JeOlteom
Kay
CT/25244E12,2-15-005
•
TATE OF TEXAS
TY OF TRAVIS
§
§
tfument was acknowledged before me on September fr • 2000, by Debra Kay
THE STATE OF
COUNTY OF TRA
This instrument w
Jennings.
SYLVIA STANLEY
Ninny Public, State of Texas
htyCummhdon Expires
November23, 20113
THE STATE OF TEXAS
COUNTY OF TRAVIS
Smith,
Now
i
efrit
Notary Public State of Texas
§
befor me on September 0.2000, by Linda Ruth
e of Texas
This instrument was acknowledged More me on
0 2000, by Sharon Ann
SYLVIA STANLEY
Ndury Pudic, Sous et Rns
y4 MY Caumiuism Expirca
November 23, 2003
WARRANTY DEED
—eel; .7„diaitait
Notary Publi State rir
Page 7
Jeanie/ . � .
TCU252448I,2P2-15.00
ATE OF TEXAS
Y OF TRAVLS
§
strument was acknowledged before me on September 2000, by Charles D.
THE STATE OF
Notary Publi • - State of Texas
COUNTY OF TRA � §
§
Jennie This instrument was : . f „ befome on September 20, 2000, by Wesley Allen
8
SYLVIA STANLEY
Notary Pubile. Sum of Texas
My 4unmesbo Eapirci
.„, November 23, 2003
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on
Seiders.
e of Texas
"o SYLVIA STANLEY
:,: Noeny PuNic, Skase nrlcel
, My Commbeivn Pkeaap
t'`:.:,;.sl November 23, 2003
4
WmutA2mF DM)
1
!1j;0--tated /ice
Notary Public , tate . I
7
2000, by Yoe Jeffrey
Page 8
heel
mc?
P-20-2000 1024
TRPAS TITLE
TCif2S
512 345 4352 P.19/10
F TRAVIS
TII-. t was aclmowled -. .
iers. 8 u+ac me on xpt 2000, by Joe Jeffrey
TAB STATE OP
COUNTY OF
This instrument
Seiders.
Notary . , State of Teal
THE STATE OF Ales b4mo
COUNTY OF C»)u.16
This instrument was acknowledged before ,., o
tannings, Jr. t eP am r Z(L, 2000, by James A
2000, by Jim M.
COUNT
STATE OF
Notary Pub
Printed Nam
My cormnissio
§
QTY OF
FOREIGN SERVICE OFFICE:
Before me.
of the United States of America 8t
commissionod and qualified on
day personally appeared
OF TEXAS
TCT/2524481.112-15-00
re me on September , 2000,
exas
COUNTY OF
en
by James A. Jennings, Jr.
THE STATE OF A4�7'
COUNTY kes.C,(r
Before me, the undersigned authority, personally
ttoadpttimfact for Jesse L. Jennings, who ackn.
'iastrtSnentin the name of and on behalf of Jesse L.
�Q U.
c-3 • x,
- "‘• r a
•
1�Otary P
,�� . on � 3Puputs
1 nt
THE ST- OFTEXAS
COUNTY OF TRAVIS
, 2000,
s A. Jennings, Jr.,
t he executed this
r
This instrument was acknowle • ... efo
by Richard C. Jennings, Jr.
Warranty DeedPage 8 Jennings/Milburn
of
1
TCTfl524 jarz•is-oo
ATE OF TEXAS
OF TRAVIS
STATE
COUNTY OF
trument was acknowledged before me on September 24 zoo, by Jim M. Seiders.
Thisinstrnm
ed before me
Jennings, Jr. edg
Notary Public -
§
OUNTRY
STATE
CITY OF
liva�ct
e of Texas r--
eptember
2000, by James A.
FOREIGN SERVIC
Before me,
of the United States of America at
and qualified, on this day personally app
on the oath of
the foregoing instrument and aclmowledgcd t
consideration therein expressed.
Given under my hand and s . office this day
duly commissioned
to me or proved to me
ame is subscribed to
r the purposes and
wnnn,wrr DEED
Printed Name of Foreign Ser
Title:
of the United States of America
Page 9
1.
1Cf12524431.213-15-00
TE OF TEXAS
TRAVIS
§
§
as acknowledged before me on September 2e7 -, 2000, by Richard C.
Notary Pub ' - State of Texas
THE STATE OFT
COUNTY OF TRAVIS
This instrument was
Glass.
e on September 42(2_, 2000, by Kathryn C.
State of Texas
0, 2000, by Christopher L.
SYLVIA STANLEY
.Socacy Public., Stem of texas
My Cwvmiviox Expires
Movomber23, 2003
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
This instrument was acknowledged before me on
Jennings.
:7 SYLVIA STANLEY
hir
NtKuyPuhlic, Stage oETeeu
4./ My Cmimit,fue £rpir4
st,e„„,yr November 23, 2003
WARRANTY DEED
Notary Public - ' : to of
Page 10
TCT/25244a 1.2/2-15-00
E OF TEXAS
TX OF TRAVIS
§
trwnent was acknowledged before me on September Ly _ 0Julie Ann
Jenn'\n95 young. �
Notary Public -
e of Texas
Ra Ree
P1
Timothy C. Taylor, Esq.
JACKSON WALKER L.L.P.
100 Congress Avenue, Suite 1100
Austm,Texas 78701-4099
WARRANTY DEED
Pqc 11
len
61 Acre Tract
ings Boundary
EXHIBIT q
FN00.066 (A.Y.)
C&B Project No. 050214.002 1 4047
TION OF 33,61 ACRES OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT
: MSON COUNTY, TEXAS. BEING THE REMAINDER OF A 42.478 ACRE TRACT TO
NNINGS AS RECORDED IN DOCUMENT * 8558188 OF THE DEED RECORDS OF
! - TEXAS, AND BEING MORE PARTICULARL•YDESCRIBED BY METES AND
d on ?he east line of the said remainder 42.478 acre tract being the
and being the northwest corner of South Creek Section Two, a
t F, Slide 266 of the Plat Records of Williamson County, Texas
e of the remainder 42.478 acre tract, being the wast line of the said South
three (3) courses:
BEGIN
northe
subdIvi
THENCE
Creek Section T
1. S 02'3629"
,1
2. S 00'14'37" E, 8
3. S 01'03'27' E, passing
Section Two, being Ih
Cabinet F, Slide 380 of
with cap set at the north En
and Volume 2632, Page d
THENCE leaving the said east tine
South Creek Section Six, with the sal
Yon
with cap set -
cap set:
most northerly southwest corner of the said South Creek
• t South Creek Section Six, a subdivision, as recorded in
Williamson County, Texas, in a8 93.21 feet to a iron rod
act ..t. S Group as recorded in volume 2525, page 841
s of VWliamson County, Texas,
r 42.478 acre hack, being the west line of the said
1.
e of the 1.7 . - tract, the following live (5) courses:
N 88'15154W, 32.98 feet to a iron rod with cap
2. a distance of 159.80 feet with art arc of a
radius of 1300.56 feet and whose chord be
with cap set:
e central angle is 07102'24", with a
a distance of 159.70 feet to a Iran rod
3. N 81'12'51' W. 275.24 feet to a Iron rod with cap se
4- a distance of 212.01 feet with an arc of a curve to di
radius of 391.21 feat and whose chord bears S 83.1
with cap set:
entral angle 1s 31'03'02", with a
1209.43 feel lo a iron rod
5. S 67'44'12" W, 252.62 feel to a iron rod with cap set, al the e o
acre trail, being the easfine of a 153.25 acre tract to Carl.n F.. s . >n, as •-remaindin42.478
Volume r
128, Page 456, and Volume 208, Page 462 of the Deed Records of •• dtia . - .corded
unty Texas,
THENCE with the said west line o1 the remainder 42.478 acre tract, be
tract the following two courses;
1. N 0!'00'43" W, 143.78 feet to a iron rod with cap set:
2. N 14'36127" W. 1460,07 feet to a pant on a cattle guard:
3. N 14'38'22" W, 312.87 feet to a point, on the -north line of the said remainder
42.
the south line of a 27.61 acre tract to James J. Hoover, as recorded in volume 64'
Deed Records of Williamson County, Texas, being the approximate centerline of Lak
e 153,25 acre
Page 1 of 2
re Tract
s Boundary
TH
acre
Volume 7
2137, Pa
of Lake Cr
FN00-066 (A.Y_)
C&B Protect No. 050214 02.
001.40477
line of the remainder 42.478 acre tract, being the said south tine of the 27.61
e of a 1.5 acre tract to Roger A. Miller & Suzanne B. Miller, as recorded in
f 1 > south line of a 23.217 acre tract to Sue Hoover, as recorded in Volume
.s of Williamson County, Texas, and being the approximate centerline
courses:
1. S 52°2914
2. S 68°54151
3. S 74'13'13" E, 3
4. S 73"1253" E. 240.
less.
THE STATE OF TEXAS
COUNTY OF TRAVIS
o a point,
nt,
T OF BEGINNING and containing 33.61 acres of land more or
That I, John Strawbridge, a R , ; .d Profess'
above description is true and correct " e best of
described herein Is based upon a survey pert
September, 2000.
BY THESE PRESENTS:
and Surveyor, do hereby certify that the
edge and beliet and that the property
y direction and supervision during
WITNESS MY HAND AND SEAL at
September, 2000 A.O.
Carter & Burgess. Inc. .-
901 South Mopac Blvd., Suite 200
Austin, Texas 78746
Count as, this r ; 20th day of
hn Strawbridge
Professional Land Surveyor
State of Texas
Page 2 of 2
(-0
TCT2525086.1r9-1800
taxes
EXF1113IT ` 3"
PERMITTED EXCEPTIONS
of Brushy Creek Water Control and Improvement District No. 1 to levy
of a roadway as set out in Deed recorded in Volume 63, Page 143
23, Page 365; Volume 439, Page 435; Volume 478, Page 255; Volume
itt 7 Page 741, of the Deed Records of Williamson County, Texas.
1
bY4dJohnson to Texas Power & bight Company by instrument
lame 281, Page 501 of the Deed Records of Williamson
3. Eas
dated November 2,
County, Texas.
4. Easement
dated November 22, 1965
County, Texas.
C ennings et al to Texas Power & Light Company
Page 398 of the Deed Records fo Williamson
5. Easement granted , :,,, IenninSa
Rock by instrument dated October , 1984, rec
Records of Williamson County, Texas.
6. Easement granted byRuth J
September 30, 1985, recorded in Volume 12
County, Texas.
e, Ruth Jennings to the City of Round
ume 1082, Page 118 of the Official
ty of Round Rock by instrument dated
e Official Records of Williamson
7. Easement granted by Ruth Jennings
January 25, 1986, recorded in Volume 1318, Page 741,
County, Texas.
PER1Ar1EDEXCEPI7oNs
d Rock by instrument dated
a1 Records of Williamson
FILED t10RE
OFFICIAL PUBLIC REC
C
10-02-2000 08:09 AM 200006
NANCY E.MRIST�S'�TY CLERK
WILLIAMSON COUNTY, TEXAS
rambtt •e^
Pagel of
T1111
No Text
PROJECT MITIGATION PLAN FOR
DRY BRANCH TRIBUTARY
CHANNEL IMPROVEMENT PROJECT
CITY OF ROUND ROCK
WILLIAMSON COUNTY, TEXAS
USACE PROJECT NO: 200200684
Revised May 2005
Project Mitigation Plan
BASELINE INFORMATION
The City of Round Rock proposes to construct channel modifications for a Dry Branch tributary
to correct problems of bed scour and -bank -stability, as well as.to address concems of public
safety associated with flooding. All practicable options for avoidance, minimization, and
mitigation of impacts to wetlands were exercised during design of the proposed project
The proposed project includes deeper excavation into the native bedrock and soil substrate,
which would form the bottom of the improved channel. Side slopes (outside of the channel
width) would be reinforced with stone where necessary. This excavation would continue
downstream to the tributary's intersection with Dry Branch. Minor bank stabilization activities
are proposed within a portion of a previously channelized section of the Dry Branch tributary
between Gattis School Roadand thesection to be. deepened. (see Sheets 3. and 4 of 20 in permit
application). This alternative would increase capacity while utilizing a "self -mitigating"
approach. This self -mitigating approach will_be.accomplished by excavating a meander channel
with an integral riffle/pool segment sequence to enhance stream function accompanied by tree
plantings adjacent to Segment 2. The channel design would include a back -slope swale designed
to encourage drainage of the overflow areas following a bankfull storm event, as well as a re-
formed soil bed exhibiting herb-aceotis plants: • -
The project would impact one water of the U.S. (an unnamed tributary to Dry Branch) both
permanently and temporarily. No wetlands will be impacted. A total of 2.24 acres of waters of
the U.S. would be impacted.
Compensation for unavoidable permanent and temporary impacts will be accomplished through
use of a self -mitigating channel design, riparian plantings adjacent to the channel, and creation of_
a Riparian Preservation Zone (RPZ) along a neighboring creek in the Brushy Creek watershed..
(1) Avoidance and Minimization - - -
Avoidance and minimization measures have been considered for this project to the maximum
extent practicable during the planning and design phases • for this project. The no -build
.altemative was .consideredbut. eliminated early on.in.the...process.as.it._Wnuld not -meet_the___....
purpose and need of correcting existing problems of bed scour and bank stability, or address
concerns of public safety associated with flooding.
City 0!Round Rock --Dry Branch Tributary /mprovementsl
USACE Project k 200200684
May 2005
Project Mitigation Plan
Four altematives, including the no -build alternative were studied. After study of the alternatives,
the preferred was selected based primarily on the need to correct existing problems of bed scour
and bank stability, and address concerns of public safety associated with flooding.
Originally an alternative was investigated which consisted of simply deepening the existing
channel and using a "traditional" trapezoidal design for the deepened channel. While practicable
this altemative did not address stream dynamics issues and was ultimately abandoned.
Another previous alternative included a proposal to line a portion of the channel with concrete.
Following an April 4, 2003, field visit, the USACE—Fort Worth District office provided
feedback indicating that this would result in numerous concerns from the regulatory community
and was not advisable. Based on this correspondence, the project design was revised to remove
the concrete component from the proposed action.
The recommended preferred alternative is described in greater detail in this permit application
and mitigation plan.
(2) Impacts
Direct permanent impacts will consist of the deepening of existing jurisdictional channels and
the placement of earthen fill in jurisdictional areas. Temporary impacts will consist of vegetation
removal and earth moving in jurisdictional areas that will be restored once construction is
completed.
The portions of the existing channel (Segment 2) for Dry Branch Tributary within the limits of
the proposed channel will be completely excavated and will cease to be an unaltered natural
drainage. The tributary will follow the path of the proposed channel that connects previous
channel improvements upstream (Segment 3) and downstream (Segment 1). The approximately
112 to -156 foot wide proposed channel (top width) is designed to contain the 100 -yr flood,
preempting damage to future residences adjacent to the channel (see Sheet 13 of 20). Portions of
the existing channel outside the limits of the proposed channel will be completely filled,
regraded and revegetated as necessary.
The proposed channel will connect with the previously improved 80 -foot wide (bottom width)
earthen channel upstream and the primary Dry Branch channel downstream. This ultimate
channel is designed to contain the fully developed 100 -yr flow rate along the entire length of Dry
Branch Tributary from its headwaters to its confluence with Dry Branch.
City of Round Rock --Dry Branch Tributary improvements2
USACE Project It 200200684
May 2005
Project Mitigation Plan
(3) Plan Goals and Objectives
The goals and objectives for this mitigation plan are to appropriately compensate for impacts to
jurisdictional areas that cannot be avoided or ,further minimized in the construction of this
project. Compensation for unavoidable impacts will be accomplished through a self -mitigating
on-site design coupled with additional plantings and protection of a Riparian Protection Zone, as
described in this report.
(4) Proposed Mitigation Area
See Wetland Delineation Report, submitted under separate cover.
_(5).Jurisdictional Determination
See Wetland Delineation Report, submitted under separate cover.
(6) Proposed Compensatory Mitigation
This project is proposed to be partially self -mitigating. The City proposes to excavate a low flow
mitigation channel within Segments 1 and 2, intended to replace some of the lost function and
habitat (see Sheet 18 of 20).
The proposed low flow channel is approximately 1 foot in depth, includes a sinuous meander and
a bottom width of 20 feet with cross slopes of 1% to 2%. The meandering low flow channel
includes a series of steep slopes (0.6%) and flat slopes (0%) to encourage a "riffling and
pooling" sequence throughout the improvement reach. The downstream end of the "pool" reach_
includes rock boulders to restrict flow and provide habitat cover. Velocities at low flows (50 to
120 -cubic feet per- second, cfs) range from 3 to 6 feet per second (fps). These velocities will
encourage the transport. of sediment .through the system. and discourage the collection of
sediment that may adversely affect conveyance of the channel. The inside bend of the
meandering low flow channel includes a "point bar," or "single" floodplain bench (the bottom of
the main channel) that will be frequently inundated. The interior side of the bench includes an
"ov_erf1Rv.1"Cbannelthat will drain the floodplain bench once floodwaters have receded. The
area between the overflow channel and the low flow channel will include a soil bed with a
topsoil layer taken from deposits located throughout the existing channel to maintain the existing
plant/grass species that have been established. A temporary mat will be required to reinforce the
topsoil until vegetation has been established. This area will encourage the uptake of nutrients
City of Round Rock --Dry Branch Tributary lmprovements3
USACE Project N 200200684
.Nay 2005
Project Mitigation Plan
adding a water quality benefit to the system. The bankfull condition would be contained within
the rock wall protection at the edges of the channel.
The meandering channel: would retain the integrity of the existing stream to the extent possible, ..
would include riffles and pools where practicable and feasible, and would still maintain the
proposed function of the project itself, which is adequate conveyance of storm water.
(7) Existing Liens and Encumbrances
All property is owned or controlled by the City of Round Rock.
(8) Protective Actions
Erosion and sedimentation control measures, site work and restoration work shall be in
accordance with the City of Round Rock Erosion and Sedimentation Control Ordinance (see
Sheets 14 through 17 of 20). Alt slopes shall be sodded or seeded with approved grass, grass
mixtures, or ground cover suitable to the area and season in which they are applied (see table
below for proposed seed mix). Silt fences, rock berms, sediment basins or similarly recognized
techniques and materials shall -be employed during construction to prevent point source
sedimentation loading of downstream facilities.
Common Name
Proposed Erosion Control Seed Mix
Plant Type Scientific N
Buffalograss Grass
Green Sprangletop Grass
Yellow Indiangrass- Grass
Little Bluestem Grass
Canada Wildrye Grass
Purple Threeawn
Sideoats Grama
Texas Bluebonnet
Purple Prairie Clover
Plains Coreopsis
Goldenrod
Greenthread
Name Application rate
(lbs/1000 ft2)
Buchloe dactyloides 0.3
Grass
Leptochloa dubia 0.4
Sorghastrum nutans 0.2
Schizachyrium scoparium . 0.2
Elyrnus canadensis 0.2
Aristida purpurea
Grass Bouteloua curtipendula
• Wildflower - -. Cuprous texensis •-•
Wildflower Petalostemum purpurea
Wildflower Coreopsis tinctoria
Wildflower
Wildflower
Solidago altissima
Thelesperma filifolium
City -of Round Rock—Dry Branch Tributary Improvementsi
USACE Projeet # 200200684
May 2005
•
1.2
1.3
L4
0.1
0.05
0.02
0.075
Project Mitigation Plan
Common Name
Indian Blanket
Lemon Mint
Plant Type
Scientific Name '
Wildflower
Wildflower
Gaillardia pulchella
Application rate
(lbs/1000 ft=)
0.15
Mexican Hat
Monarda citriodora
Pink Evening Primrose
Annual Sunflower
Wildflower
Wildflower
Ratibida columnifera
0.06 ..... .
0.05
Wildflower
Oenothera speciosa
0.02
Helianthus annuus
0.075
(9) Hydrologic Information
All construction is along the bottom and side slopes of the excavated floodway.
(10) Mitigation Area Substrate
The area between the overflow channel and the low flow channel will include a soil bed with a
topsoil layer taken from deposits located throughout the existing channel to maintain the existing
plant/grass species that have been established. A temporary mat will be required to reinforce the
topsoil until vegetation has been established. This area will encourage the uptake of nutrients
adding a water quality benefit to the system.
(11) Planting Plan
Stream Channel Mitigation Measures
The meandering channel would retain the integrity of the existing stream to the extent possible,
would include riffles and pools where practicable and feasible, and would still maintain the._.
proposed function of the project itself, which is adequate conveyance of storm water. In addition
to the replacement of stream function, an attempt would be made to replace the lost riparian
vegetation and habitat within a 30 -foot vegetated buffer (see Figures 1-3) along both sides of the
proposed channel adjacent to Segment 2 (totaling approximately 5.5 acres). The 30 -foot buffer
would be populated with native trees and plants in accordance with the attached species list (a
subset of the City's List of Approved Trees for Round Rock). The vegetated buffer would be
designed and planted with a target survival rate of 50% and a target density of approximately. 160.
trees per acre. Plantings would consist of bare root or potted seedlings as available and would be
planted by hand.
City of Round Rock --Dry Branch Tributary lmprovements5
USACE Project it 200200684
May 2005
Project Mitigation Plan
Additionally, the City proposes to stockpile the seed bank/topsoil from the areas to be excavated
Air the proposed project and use this seed bank to reseed portions of the bed of the channel. This
will be accomplished by stockpiling approximately the surface four inches of the excavated areas
which containdesirable species, excluding those areas containing cattails or other undesirable
species, and replacing this topsoil in portions of the channel bed after construction. .
Additional Riparian Woodland Plantings
In addition to the self -mitigating nature of the channel design as described above the City
proposes planting trees in several areas adjacent to the proposed project. Three areas where
additional riparian tree plantings are proposed are indicated in the drawings on Figure 3. These
areas total approximately 3.26 acres. The City also proposes to plant a line of trees on the side
slopes along both sides of the stream in Segments 1 and 3. The planted trees would be staggered
and planted at an approximately 15 -foot spacing, on center. Trees planted in all these areas
would be native species in accordance with the attached list (a subset of the City's List of
Approved Trees for Round Rock).
Establishment of Riparian Preservation Zone (RPZ)
In response to resource agency comments, the City proposes to create a,high-quality Riparian
-Preservation Zone (RPZ) as additional compensatory mitigation for project -related impacts. The
RPZ consists of approximately 8.25 acres (1,550 linear feet) on both sides of Lake Creek
approximately %a mile north of the Dry Branch tributary (see Figure 4). Lake Creek within the
RPZ has an ordinary high water mark of approximately 25 feet. The perennial creek lies within a
riparian corridor approximately 150 to 200 feet wide. The streambed is between bluff banks
approximately 30 feet lower than the top of the banks. It is presently wooded with a canopy
cover of approximately 80%. Dominant canopy species are live oak (Quercus virginiana), cedar
elm (Litmus crassifolia), Ashe juniper (Juniperus ashen), pecan (Carya illinoensis), Osage
orange (Maclura pomffera), and black willow (Salix nigra). Diameters at breast height (dbh)
range from 6 to 40 inches and average approximately 10 inches while heights range from 15 to
45 feet and average approximately 30 feet. The shrub/sapling layer is dominated by canopy
species saplings, red buckeye (Aesculus paps) and deciduous holly (Ilex decidua). Common
vines include greenbrier (Smilax sp.), Japanese honeysuckle (Lonicera japonica), and poison ivy
(Toxicodendron_radicans). Dominant herbaceous species include Canada wildrye (Elymus
.._cgnatlensis),.Johnson.grass (Sorghum, halepense), and curly dock (Rumex crispus). A hike and
bike trail will be constructed in this area outside the 100 -year floodplain. Otherwise the area will
be preserved as it is now, with considerations for periodic maintenance. Photographs of the area
are attached at the end of this plan.
City of Round Rock --Dry Branch Tributary Improvements6
USAGE Project tt 200200684
May 2005
Project Mitigation Plan
(12) Planting Success Criteria
Herbaceous Communities
The City.proposes-a goal of 80% ground cover. in the floodplain bench soil, bed after 3 years. To..
ensure reaching these goals the soil bed will be monitored with a monitoring report to be
submitted to the U.S. Army Corps of Engineers — Fort Worth District annually for 3 years
(beginning in the year construction is completed). These reports will be submitted to the Corps
by October 1 each year. If these plantings do not meet the goals stated above supplemental
plantings will be performed. In addition, the erosion control and bank stabilization measures
proposed within Segment 3 comprise a beneficial enhancement to the aquatic environment.
Woody Communities
An attempt wouldbemade. to. replace the lost, riparian vegetation and habitat within a 30 -foot
vegetated buffer along both sides of the proposed channel adjacent to Segment 2 (totaling
approximately 5.5,acres).. The 30-foot.buffer (see Figures 1-3) would be populated with native
trees and plants in accordance with the attached species list (a subset of the City's List of
Approved Trees for Round Rock). Three areas where additional riparian tree plantings are
proposed are indicated on Figure 3. These areas total approximately 3.26 acres. The woody
species plantings would be designed and planted with a target survival rate of 50% and a target -
density of approximately 160 trees per acre. No single species would constitute more than 30%
of the surviving plantings.
The City also proposes to plant aline of trees on the side slopes along both sides of the stream in
Segments 1 and 3. The planted trees would be staggered and planted at an approximately 15 -
foot spacing, on center. Trees would be native species would be from the City's list of Medium
Trees, and would be replaced if mortality exceeds 15%.
Maintenance .. ...
The City will mechanically mow accessible portions of the channel side -slopes and vegetated
areas within the channel on a yearly basis in order to remove any impediments to conveyance,
such as woody species (other than planted trees/shrubs). In addition, undesirable invasive species
and woody species not accessible to mowers will be manually treated with appropriate herbicides
inorder tominimize the;occurrence_of these,species...
(13) Performance Standards
The permittee will maintain the mitigation area so that the water of the U.S. is functioning at the
City of Round Rock -Dry Branch Tributary hr provemenrs7
USACE Project # 200200684
May 2005
Project Mitigation Plan
level of ecological performance described in (1 I) to ensure that:
• Waters of the U.S. are functioning as the intended type of waters of the U.S. and
at the level of ecological performance prescribed in the mitigation plan.
• Buffer and riparian zones and other areas integral to the enhancement of the
aquatic ecosystem are functioning as the intended type of ecosystem component
and at the level of ecological performance prescribed in the mitigation plan.
(14) Ecological Benefits
The mitigation plan as proposed would create a more diverse habitat in the portions of the project
area that are already channelized while lessening erosion from flood events.
(15) Threatened and Endangered Species
A search of the map repository of sensitive species and community types maintained by the
Natural Diversity Database (NDD) at the Texas Parks and Wildlife Department (TPWD)-.was
performed in February 2004 to encompass the project area. No known endangered, threatened,
or otherwise rare or sensitive plant species, animal species or community type occurrenceshave
been reported within or immediately adjacent to the impact area. No habitat for listed species
occurs on the site. No impacts are anticipated.
(16) Additional Relevant Information
A cultural resource investigation found no archeological sites or Section 106 issues (letter from
THC provided to USACE in original permit submittal). No significant ecologically sensitive
areas occur within the project's area of potential effect. Construction of the proposed channel, as
proposed, would minimize impacts to regional hydrology.
(17) Operation and Management Plan
Once success criteria for the mitigation areas (soil bed and woody plantings) are met these sites
will be maintained in perpetuity, The portions of the project area where woody species are not
planted will be mowed by the City twice a year. All structures will be maintained by the City.
City of Round Rock --Dry Branch Tributary tmprovements8
USACE Project k 200200684
May 2005
Project Mitigation Plan
(18) Monitoring Plan
Mitigation progress shall be measured in two ways: (a). Vegetative enhancements will be
monitored as outlined in (1.1) and (12), above; and (b). Proposed channel features as described in
this document will be monitored and documented in the yearly reports outlined in (19), below.
Contingency Pion
Compensatory over planting of desirable species is designed to lessen the probability that
success criteria are not met. In the event that success criteria for this mitigation plan are not met
steps will be taken to ensure that they are met in the future (replanting, etc.).
(19) Reporting Plan
An annual report will be submitted to the USACE by the City on or before the first of October
detailing the status of the mitigation plan and activities taking place in the preceding year. This
annual report will be submitted for a minimum of three consecutive years, beginning in the year
construction takes place.
(20) Mitigation Specialist
The City of Round Rock will contract with or employ a qualified mitigation specialist to oversee
implementation of this plan.
(21) Schedule
Construction is scheduled to begin in early 2005 (originally scheduled for 2004). Project
mitigation will occur contemporaneous with construction of the channel modifications and
plantings are expected to be completed by March 2007. It is anticipated that construction will be
completed in mid- to late- 2005, with the first of three monitoring reports submitted by October
I, 2005.
(22) Provision for a Protective Covenant
The property will remain in City of Round Rock ownership/control inperpetuity. ..
Preservation Zone (RPZ) shown in Figure 4 will be protected by deed with
stipulations made for long-term maintenance and future construction of a hike and bike trail.
City of Round Rock—Dry Branch Tributary Improvemen s9
USACE Project # 200200684
May 2005
11,4
jAk
io\k‘
Base Map Source: USGS 7.5 Min. TcpographIcal Quadrangle of Round Rack 7X (1987) & liugendua Wed. Tx (1en)
P4
iScale: 1' e 2000'
.............. PREVIOUSLY CRANHELLZED AREA
AREA NOT PREVIOUSLY CHANNELIZED
APPLICANT: CITY OF ROUND ROCK WILLIAMSON courcry, TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT It: 200200684
DATE: MAY 2005
MITIGATION PLAN
FIGURE 1
30' VEGETATED
BUFFER
LT
SHALLOW POOL
N.T.S.
MITIGATION CHANNEL
. . .
PROPOSED MITIGATION •
CROSS-SECTION/ SEGMENT 2
---
APPLICANT: CITY OF ROUND ROCK, WILLIAMSON COUNTY TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT #: 200200684
DATE: MAY 2005
301 VEGETATED
BUFFER
. _
MITIGATION PLAN
FIGURE 2
r
30 FOOT
BUFFER AREA
APPLICANT: CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT #: 200200684
DATE: MAY 2005
MITIGATION.PLAN
FIGURE 3 --•
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APPLICANT: CITY OF ROUND ROCK, WILLIAMSON COUNTY TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT #: 2002006p*
DATE: _MAY 2005 _ _ _
MITIGATION PLAN
FIGURE 4
LIST OF APPROVED NATIVE TREES FOR ROUND
ROCK
Common Name
LarmeTrees (mature height 40 feet or more)
Bur Oak
Live Oak
Chinquapin Oak
Shumard Red Oak
Cedar Elm
Pecan
Bald Cypress
Montezuma Cypress
Eastern Black Walnut
Southern Magnolia
Post Oak
American Elm
Scientific Name
Quercus macrocarpa
Quercus virginiana
Quercus muehlenbergii
Quercus shumardii
Ulmus crassifolia
Carya illinoensis
Taxodium distichum
Taxodium mucronatum
Juglans nigra
Magnoliagrandfora
Quercus stellata
Uimus americana
Medium Trees (mature height 25-40 feet)
Texas (Spanish) Red Oak
Lacey_Oak .
Texas Ash
Mesquite
Westem Soapbeny
Escarpment Black Chen)?
Bigtooth Maple
Carolina Cherry Laurel
Texas (Little) Walnut
Eastern Red Cedar
Quercus buckleyi
Quercus laceyi
Fraxinus texensis
Prosopis glandulosa
Sapindus drummondii
Prunus serotina ssp. Erimia
Acer grandidentatum
Prunus caroliniana
Juglans macrocarpa
Juniperus virginiana
Small Trees (mature height 8-25 feet)
Texas Redbud
Mexican Plum
Mountain Laurel
Mexican Buckeye
Yaupon Holly
Texas Persimmon
Vitex
Desert Willow
Possumhaw Holly
Carolina Buckthom
Eve's Necklace
American Smoke Tree
Blanco Crab Apple
Flameleaf Sumac
Texas Pistache
Wax Myrtle
Texas Madrone
Rough -leaf -Dogwood
Cercis canadensis
Prunus mexicana
Sophora secundiflora
Ungnadia speciosa
Ilex vomitoria
Diospyros texana
Vitex spp.
Chilopsis linearis
Ilex decidua
Rhamnus caroliniana
Sophora afnis
Cotinus obovatus
Pyrus ioensis
Rhus copallina
Pistacia texana
Myrica cerifera
Arbutus xalapensis
Cornus drummondii
1. A.W. Grimes bridge over Lake Creek.
2. Lake Creek from top of bluff on south side.
PAGE 1 0F3
f,
3. Large pooled area of Lake Creek.
4. Looking northwest from creek bank up slope through riparian area of Lake Creek.
PAGE 2 OF 3
5. Lake Creek, looking downstream.
6. Lake Creek, looking upstream.
PAGE 3 OF 3
No Text
LanrfSur veyors, Inc.
8333 emu Park.4)rive
Austin, 2 -etas 78754
Offrcc 512.3749722
Tat: 512873.9743
Page 1 of 9
METES AND BOUNDS DESCRIPTION
BEING 8.361 ACRES OF LAND OUT OF THE PA HOLDER SURVEY NO. 9, ABSTRACT NO.
297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A
151.37 ACRE TRACT OF LAND CONVEYED TO CONTINENTAL HOMES OF TEXAS, L.P. BY
INSTRUMENT OF RECORD IN DOCUMENT NO. 2000066004; A PORTION OF A REMAINDER
OF A 33.61 ACRE TRACT OF LAND CONVEYED TO CONTINENTAL HOMES OF TEXAS, L.P.
BY INSTRUMENT OF RECORD IN DOCUMENT NO. 2000065504; A PORTION OF A 9.498
ACRE TRACT OF LAND CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTRUMENT OF
RECORD IN DOCUMENT NO. 2004035683; A PORTION OF A 6.83 ACRE TRACT OF LAND
CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTUUMENT OF RECORD IN DOCUMENT
NO. 2003107974 AND A PORTION OF A 26.11 ACRE TRACT OF LAND CONVEYED TO
SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOCUMENT NO. 2001007249,
ALL OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rebar found for the northeast comer of said remainder of a 33.61
acre tract, same being the northwest comer of South Creek, Section Two, a subdivision of record
in Cabinet F, Slide 266 of the Plat Records of Williamson County, Texas, an angle_ point in the
south line 012.23217 acre tract of land known as Tract II, conveyed to Sycamore Trail, Ltd. by
deed of record in Document No. 2001007249 of the Official Public Records of Williamson County,
Texas, and being in the approximate centerline of Lake Creek, from which a 5/8" iron rebar found
with plastic cap which reads "CARTER & BURGESS" bears South 00°4927" West (record
South 02°36'29" West, along the east line of the remainder of a 33.61 acre tract and the west line
of said South Creek, Sectioh Two a distance of 141.06 feet (record - 140.95 feet);
THENCE with the north line of the remainder of a 33.61 acre tract, the south line of said 23.217
acre tract, the south line of.a 1.45 acre Tract of land conveyed to Sycamore Trail, Ltd. By
instrument of record in Document No. 2003021573 of the Official Public Records of Williamson
..County; .Texas, the south line of said 26.11 acre tract and the approximate centerline of Lake
Creek the following three (3) courses:
1. North 75°04'16" West, a distance of 240.68 feet (record - North 73°12'53" West, a distance of
240.68 feet) to a calculated point for the southwest comer of said 23.217 acre tract, and the
southeast corner of said 1.45 acre tract;
2. North 76°04'36" West, passing at a distance of 332.60 feet a calculated point in the east right-
tf wayline. f A:W. Grimes Boulevard (120' RO.W.) and crossing ibm A.W. Grimes' Rdleva'rd for
a total distance of 365.00 feet (record - North 74°1313" West, a distance of 365.00 feet) to a
calculated point for an angle point in the north tine of the remainder of a 33.61 acre tract and the
south line of said 27.61 acre tract
3. North 70°46'14" West (record - North 68°54'51" West)continuing
g A.W. Grimes
Boulevard a distance of 90.31 feet to a calculated point inthewest right-of-way line of A.W.
Grimes Boulevard (120' R_O.W.) for the POINT OF BEGINNING.
b
9
EXHIBIT
Page 2 of 9
THENCE South 29°43'03" West with the west right-of-way line of A.W. Grimes Boulevard
a distance of 37.71 feet to a calculated point;
THENCE crossing through the remainder of a 33.61 acre tract the following five (5) courses:
1. North 71°48'58" West a distance of 342.90 feet to a calculated point
2. North 62°42'49' West a distance of 124.34 feet to a calculated point;
3. North 71°04'31" West a distance of 74.00 feet to a calculated point
4. North 42°05'21" West a distance of 83.55 feet to a calculated point
5. North 48°35'25" West, crossing into said 151.37 acre tract a distance of 180.67 feet to a
calculated point
THENCE crossing through the 151.37 acre tract the following seventeen (17) courses:
1. North 65°01'08" West a distance of 97.08 feet to a calculated point
2. North 73°15'29" West a distance of 64.22 feet to a calculated point
3. South 76°24'43" West a distance of 108.54 feet to a calculated point;
4. South 46°45'59" West a distance of 80.29 feet to a calculated point
5. South 55°45'29' West a distance of 215.93 feet to a calculated point
6. South 24°51'49" West a distance of 45.19 feet to a calculated point
7. South 65°14'26' West a distance of 127.74 feet to a calculated point
8. South 52°00'28' West a distance of 107.22 feet to a calculated point
9. South 14°28'13' West a distance of 16.01 feet to a calculated point
10. South 52°57'27" West a distance of 33.20 feet to a calculated point;
11. South 60°29'35" West a distance of 104.56 feet to a calculated point
12. South 49°30'08" West a distance of 90.08 feet to a calculated point
13. South 40054'28" West a distance of 222.95 feet to a calculated point
14. South 29°06'35" West a distance of 50.36 feet to a calculated point;
15. South 45°00'00' West a distance of 53.74 feet to a calculated point;
16. South 24°20'28° West a distance of 92.20 feet to a calculated point
17. South 75°57'52" West a distance of 111.59 feet to a 1/2' rebar found in the west line of
the 151.37 acre tract, same being the east line of a 7.066 acre tract of land conveyed to
the County of Williamson, et al by instrument of record in Document No. 2000052765 of
the Official Public Records of Williamson County, Texas;
Page 3 of 9
THENCE along the west line of the 151.37 acre tract and the east line of said 7.066 acre tract the
following two (2) courses:
1. North 17°19'55' East a distance of 57.73 feet to a 1/2' rebar found;
2. North 32°00'28° West a distance of 47.53 feet to a calculated point in the approximate
centerline of Lake Creek for the northwest corner of the remainder of a 151.37 acre tract,
the northeast comer of the 7.066 acre tract, the southwest comer of said 9.498 acre tract
and the southeast comer of a 6.591 acre tract of land conveyed to Sycamore Trail, Ltd by
- instrument of record in Document No. 2001007251 of the Official Public Records of
Williamson County, Texas;
THENCE along the east line of the 9.498 acre tract, same being the east line of said 6.591 acre
tract the following two (2) courses:
1. North 38°2013' West a distance of 39.42 feet to a calculated point;
2. North 23°56'23" West a distance of 18.45 feet to a calculated point;
THENCE crossing through the 9.498 acre tract the following nine (9) courses:
1. North 86°23'42' East a distance of 7.96 feet to a calculated point;
2. North 43°04'06" East a distance of 275.00 feet to a calculated point;
3. North 53°04'09" East a distance of 110.00 feet to a calculated point
4. North 13°47'47" East a distance of 105.00 feet to a calculated point
5. North 42°35'01' East a distance of 120.00 feet to a calculated point
6. North 11 °07'38' East a distance of 55.00 feet to a calculated point
7. North 75°32'28" East a distance of 150.00 feet to a calculated point;
8. North 39°5123' East a distance of 215.00 feet to a calculated point
9. North 58°55'31' East, crossing into said 6.83 acre tract a distance of 260.00 feet to a
calculated.point;
THENCE.crossing through the 6.83 acre tract the following three (3) courses:
1. North 76°31'23" East a distance of 165.00 feet to a calculated point
2. South 72°14'29" East a distance of 160.00 feet to a calculated point;
3. South 62°37'59" East crossing into the 26.11 acre tract a distance of 205.00 feet to a
calculated point;
THENCE crossing through the 26.11 acre tract the following six (6) courses;
1. South 47°44'4T East a distance of 105.00 feet to a calculated point;
2. South 41°23'37" East a distance of 150.00 feet to a calculated point
Page 4 of 9
3. South 57°03'01" East a distance of 110.00 feet to a calculated point
4. South 66°19'30" East a distance of 135.00 feet to a calculated point;
5. South 71°40'36° East a distance of 175.00 feet to a calculated point
6. South 78°01'34" East a distance of 80.00 feet to a calculated point in the east line of the
26.11 acre tract, same being the west right-of-way line of A.W. Grimes Boulevard;
THENCE South 29°43'03" West, along the east line of the 26.11 acre tract and the west right-of-
way line of A.W. Grimes Boulevard a distance of 51.83 feet to the POINT OF BEGINNING.
This parcel contains 8.361 acres of land, more or less, out of the PA Holder Survey No. 9,
Abstract No. 297, in Williamson County, Texas_
Description prepared from an on -the -ground survey made during November, 2001.
Bearing Basis: Texas State Plane Coordinate System, Central Zone, NAD 83, using a surface
adjustment factor of 1.00012.
Ronnie Wallace, R.p4-
2,act a g
Texas Rn D
umer 5222
Baseline Land Surveyors Inc.
8333 Cross Park Drive
Austin, Texas 78754
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5/8" IRON REBAR FOUND WITH PLASTIC
CAP WHICH READS "CARTER & BURGESS -
CALCULATED POINT
RIGHT—OF—WAY
PUBLIC UTILITY EASEMENT
EASEMENT-
POINT
ASEMENTPOINT OF COMMENCING
POINT OF BEGINNING
OFFICIAL RECORDS OF WMLL14A60II mow, TEXAS
PUT RECORDS OF WILLLWMSON COUNTY, TDGAS
DEED RECORDS OF WILLLAMSON COUNTY 7Dc45
OFT7CLiL PUBLIC RECORDS OF WILLL4MSON COUNTY, MRS
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AND WING A PORTION OP 1
ANVEyFO TO CONTINENTAL MOVES OF E INDER OF 4 151.57 AC. TRACT OF TOMO
RD IN MTC. N0. 2000086004; A PORTION FS' A LP. BY REMAINDERTJ NT 6F
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TRACT OF LAND CONVEYED TO SYCAMORE TRAM., LTD. BY INSTRUMENT OF
RECORD IN DOC. N0. 2004035683; A PORTION OF .1 8.83 AC TRACT OF
C200NV3 ED 1' ORE TRAIL LTD. BY INSTRUMENT OF RECORD IN DOC. NO.
SYCAMORE A PORTION OF A 26.11 AC. TRACT OF LAND CO
ALL OF TRAIL. LTD.
B PUBLIC/NNSTR jpDSFORECORD IN DOC. N0. 2001007249,
RlLLIAMS0N COUNTY TEXAS
SYCAMORE TRAIL, LTD.
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DOC. N0. 2000065504
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SCALE IN FEET
100 50 0
P: O. C.
SOUTH CREEK
SECTION TWO
CAB. F, SUDE 266
P.R.W.C.T.
LOT 4
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSTIN, TEXAS 78754
OFFICE, 512374.9772 PAX 512.873.9743
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Date: e: 01/27/05
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29'43'03"W
37.71'
SKETCH HOLDER TO ACCOMPANY FIELDELNOTES OF 8:381 ACRES OUT OF THE P.A.
'ODE SII L PORTION OFA CT N0. 297 IN W LLIAM.SON COUNTY, TF3CAS,
1. NVEYB31' TO CONTINENTAL HOMES ? OF AAS 1 37 AC. INSTRUMENT
N LAND
D TN DOC. NO. 2000088004; A PORTION OF A REMAINDER OFrA33 61 AC
TRACT OF LAND CONVEYED TO CONTINENTAL, HOMES OF TEXAS. LP. BY
INSTRUMENT OF RECORD IN DOC. N0. 2000085504; A PORTION. OF 9.498 .AC.
TRACT OP LtND CONVEYED TO SYCAMORE TRAH, LTD. BY INSTRUMENT OF
RECORD IN DOC. N0. 2004035553; A PORTION OF A 8.83 AC. TRACT OF LAND
CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOC. N0.
2003107974 AND A PORTION OF k 26.11 AC. TRACT OF LAND CONVEYED TO
SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOC. N0. 2001007219,
AIL OF THE OFFICIAL PUBLIC RECORDS OF 11HITAMSON COUNTY, TEXAS
33.61 ACRES
CONTINENTAL HOMES OF TEXAS, LP.
DOC. N0. 2000065504
OP.R.W.C.T.
9
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSTIN, TEXAS 78754
O`710E: 512374.9722 FAX 5/28719713
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SYCAMORE TRAIL, LTD.
6.83 ACRES
DOC. NO. 2003107974
0.P.R.W.C.T.
9i
Jb° ' eicic 297
1
1
1 SYCAMORE TRAIL, LTD. -` - _` 1
TRACT 1 F
1 26.11 ACRES I
DOC. NO. 2001007249
0.P.R.W.C.T.
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141.69 ACRES
(151.37 Ac.)
CONTINENTAL HOMES OF 1ECAS, LP.
DOC. NO. 2000066004
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TRACT I
26-11 ACRES
DOC. NO. 2001007249
tP 0.PR.W.C.T.
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SCALE IN FEET
100 30 0
100
FOR LEG
SEE SHEET 5 END
SEE SHEET 9 FOR UNE TABLE
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SKETCH 20 ACCOMPANY '
$OIDEQ SURVEY NO. D. FIELD NOTES OF 6.961 ACRES OCT 07 TILE PL
AND BED7C 1 P0R770N OF ABSTRACT NO. 297 IN 1151.3MSON CO
ANVEY};D TO CONTINENTAL ROVESER OFA 151.37 AC. TRACT OF TELLS.
)TRACT RD DI DOC. NO. 2000066004; 1 PORnOOF TEXAS. A D`STR? 1 6F
INSTRUMENF LAND T OF RECOCONVEYED
D IN DTOOC. CONTINENTAL HOEREMAINDER TEXAS. LP.,BY 1C.
TRACT OF LAND CONVEYED 70 SYCAMORE
A L.
TIT INSTRUMENT
a AFC.
RECORD TN DOC. NO. 2004035603; A PORTIONTom' LTD. . IN
CONVEYED TO SYCAMORE TRAIL. LTD. BY INSTR OF 1 00? AC TRACT OF I.AND
2003107974 AND 1 PORTION OF 1 26.11 10. TRACTSOFF LAND C IND _
SYCAMORE T7tA11, LTD. BY INSTRUMENTIANC CONVEY T00.
7249
ALL OR TILE 0FFnCLlL PUB11C OSOFRWILD 1N DOC. 140. 200100S.
k1LT1A14SON COUNTY, TEXAS.
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSBN, TEXAS 78754
0FFFICE: 512.374.9722 FAX: 512.673.9743
ron-6oseline0oustin.rr. com
SHEET
07 of 09
SCALE IN FEET
1410 50 0 100
SEE SHEET 5 FOR LEGEND
SYCAMORE TRAIL, LTD.
6.591 ACRES
DOC. N0. 2001007251
O.P.RW.C.T.
L2
LINE IMICHIMIEMON
L1 N71'04'31"W
L2
L3
N4705'21 'W
N65'01'08"W
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80:29'
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N86'23'42"E
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29
SYCAMORE TRAIL, LTD.
9.498 ACRES
DOC. NO. 2004035583
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JLLa 70 ACCOMPANY FIELD .NOTES OF 8.381 ACRES OUT of THE P.A.
HOLDER SURVEY NO. 9, A8 YHL1AMgON COUNTY, TEXAS,
AND BEING A PORTION OF A AC7 N0. 297 H7
WITTED 70 CONIHLENTAL HOMES REMAINDER OFA 151.37LP.AC. TRACT OF LAND
AD IN D NO.CO 00088004: A PORSIDN OF 4LP INSTRUMENT 073 OF
TRACT OF NVETYD TO CO ER OF 1 LP. n AC.
INSTRUMENT OF RECORD IN DOC. N0. 2000085504;
A OR PORTION
TEXAS. .4 g
TRACT OF LAND CONVEYED 70 SYCAMORE 04; T PORTION OF 8.488 AC.
RECORD IN Doc. N0. 2004035883; A PORTION OF AL 6S3 AC T �D
:ONVEYED TO SYCAMORE TRAIL. LTD. BY 111$jR
2003107974 AND A PORTION OF 28.11 AC. TRACT OF LAND CONVEYED
SYCAMORE II3�A•T OF RECORD IN DOC. N0.
ALL OF 1 LTD. BY INSTRUMENT OF RECORD IN DOC. NO. 20TO
249,
OPFICLIL PUBLIC RECORDS OF !UUAMSON COUNTY, TEXAS
141.69 ACRES
Ac.)
CONTINENTAL 1HOMES OF TEXAS, LP.
DOC. NO. 2000066004
0_P.R.W.C.T.
COUNTY OF WILLIAMSON, ET AL.
7.066 ACRES
DOC. NO. 2000052765
O.P.RW.C.T.
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSBN. TEXAS 78754
OFFICE 512.374.9722 FAX 512873.9743
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Scole Hor.: 1"100'
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09 of 09
No Text
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074 '1:6i 218
TEXAS 5
AM_SON S
Tan:
Leslie Po
Foramen
and in •on- de
is hand id
acknowledge
derived by
hereinafte.
presents do
municipality
construct and
the following de
EASEMENT
•
324"J3
RIM .ALL MEN BY THESE PRESENTS 5
an Mayfield, Durwood Bandana, Bail R. ?ocsman,
C. ?orsman, Elmer R. Potsman, and Lambert 3.
erred to as Grantors, whether one or more, for
lat
ie sum ofOne Dcilar ($1.00) Cash to Grantors
f •Round Rook, the receipt of •rhich is hereby
they consideration -of the benefits to be
n the ptblic utilities through the premises
ve this day Granted and Conveyed, and by these
Convey, unto the City of Round Roca, a
Williamson County, Texas, an easement to
aictain public utilities in, upon and across
d, y@ -wit;
All that cert
situated in t
EXBI3IT "A" at
purposes, to w
description of sa
oe or cartel of land, lyitg and being
Williamson, State of Texas described in
o and made a part hereof for all
-a is here made for more particular
TO RAVE AND TO ROLD the
its successors and assign
any and all times to ente
purpose of constructing an
makingconnections therewi
Round Rock will at all time
u
ar
al f to the City of Round Rock and
With the right and privilege at
ises, o: anv part thereof, for the
Inc sa public ttilities and for
upon a condition that the City of
doig wor in connection with the
s restore the surfaceof
me was found before such
in
a' 1
construction Or repair of said
after
pub
i
said premises to. the condition inb
work was undertaken.
EXECUTED IN w/IL1/494 t4/
the /31s- day of .Se9c9-,.11,3
EXHIBIT
1 I )
•
gir
OFFICIAL RECOIDS
rit.uAmsoN COUNTY TCOS
TA as, in duplicate on this
•
Vivian
ri
Durwood B
(1777/1
- atl'R. Foram
n
Leslie Fo:sman, C
• v
Wilbert C. ?orsman,
Elmet R. ?orsman, Grantor
.-w.'i.'.+N+..� nCw>FJ.Tc4Y�Y1+.+t:'.e.�eens�_Y:+C���.•
•
•
a
G
rF
E STATE OF TEXAS 5
v0i1074PAcc219
EFORE MR, the undersigned authority, on this day personally appeared
V Foreman Mayfield, known to at to be the person whose name is
sc ibed to the foregoing instrument, and acknowledged to me that he,
u` d the same for the purposes and consideration therein expressed;
pacity therein stated.
I ND
RAND AND ErsAl. 'ft•
OP OFFICE, this the /.3
�-, A.D., 1984. day of
TRE STATE
BEFORE ME, the
Durwood Bourla no
to the-foregoin• i.
the same for the •ux.
the capacity ther-1
GIVEN UNDER MY RA
TEE STATE OF TEXAS 5
Notary Public in nd,"fdr-the" ;
State of Texas
d authority, on this day personally appeared
e to be the person whose name is subscribed
t and acknowledged to me that he executed
d c ideration therein expressed, and in
OF OFFICE, this the '77
ira
Public in and for the
r Texas
BEFORE ME, the undersigned
Paul R. Foreman, knowntomeutoobe•Y, o• s
to the foregoing instrument, and acknow ed son
the same for the purposes and consider- i.
the capacity therein stated.
GIV UNDER MR RAND AND SEAL OF OPF
,.A.D., 1984,
: ,,
crti
Notary Publ
State of Tex
4
day of
ay personally appeared.
ose name is subser•Sbed
o me that heexccuted•,
e ein expressed, and ihr •4
1-1
/3-. 0. day or;;
- t E
�,
-- -
the
9
I
•
1
I
.« 1074 FOGS 220
TE OF TEXAS g
Le
to
th
the
GIVEN
he undersigned authority, on this day e •
am ••xn to me to be the person personally„zppga 2d•
trumact hose name ,;srsccibed
. and acknowledged to me that"r ss .executed,
poses and consideration therein expressed, and in.
rated.
ZSEA OF OFFZG, this the
Notary Public in and for the
State cE Texas
TEE STATE OF TEXA
BEFORE KB, the unde.v
inilbert C. Forman, n
subscribed to the lore
executed the same for
and in the capacity the
G?p ::IL/ ,DEMY HAND AND
A.D. ,
-ito
, on this day personally appetred
me be the person whose name is
r and acknowledged to me that he
-n3 consideration therein expressed,
OFFICE this the
f7--
day of
T3E STATE OF TEXAS g
Epos ME, the undersigned
Elmer R. Forsaan, knownotheauthority, o. thi
to the foregoing irstrument,eand d be ow pe or
the same for the purposes and consideration
the capacity therein stated.
OXVE ENDER HAND AND SEAL OF OYF,LCE
, A.D., 1984.
y p- tonally, appeared?
wh. e Mme ie•subscribed:I
t• me t at ha executed..”"
rei -x resed:, a4d'ia
Notary Public in
State of Texas
•(
HE STATE 0? TEXAS S
Vo�1074Pg:221
EFORE ME, the undersigned authority, on this day personally ,•
rt E. Forsman, known Ubsc bed g c be t 'is - Ott ib to the foregoing g instrumentshe person whose atha be
the same for the n s and acknowledged name •is the pacity therein statea.anv consideration therein ea that be
prp,ssed,
HAA. D.D A 1984. OF
OFFICE, this the if 2:4'. dapart
•of`^,.. •, i
No'
ry Public in and for the
State of Texas
1
i
? BEING A STRIP .
EASEMENT AND A S - p , 30) FEET IN WIDTH FOR PERMANENT
CONSTCONSTRUCTION EASEME . 9° AYY (3) FEET IN WIDTH FOR
ENT EAST T • AND TEM.*O D
-•(459T) L',Cl' D .VE; TO AND NETRA OF RAR_
CONVEYED TO CARL OUT OF THE P.A. HOLDE_- ACROSS THAT CERTAIN TRACT OF LSAID
AND
,_t _
462, WILLIAMSO?N ANTON 'ORS' BY29D •. O7, IHRECORDED IN VOLUME 208, p, TEXAS,
LAND FOR PERMANENT i COUNTY D: , RECC'•., HE CENTERLINE OF SAID PAGE
AND scab=S EABE!4- T BRING °RH RTICULARLY DESCRIBED BYMETESBEGINNING at pEA
tract, from which anoint in few-st line of the said
Lake Creek,b interior ort -st or•er of same, being atein
THENCE ears and across
2 .90 -eet and N23°41112"W, 42.located t n
of the Cc over acroes the sa • -ors an tract along herein described Pe •_Want -•s.,, ens, the centerline
(7)Courses and distances: the following seven (7)
(1) N88°38'51"E, 61.22 feet
i (2) N40°55'23"E, 457.50 fee
(3) N54°02.534E, 689.70
fe
(4) N42°23'334E, 95.99 fee•; l
(5) N85604'41"E, 128.04
fee
(6) S72°01'20*E, 133.79 feet
and
dhe(7) 554°12'54"E, 70.48 feet to
line of
Forman tract, from Said bears 910410'39"E, 54.24 feet
and containing 1.127 acres of lan
EXHIBIT "A'
FORSMAN PUS
n fence on the east
rod sat at a bend in
�T OF TERMINATION
S.
HAYNIE �..-. ... .. INC,
r
CH TO ACCOMPANY EXHIBIT
014 RU222
S 540 12' WE
70.48
3 T2° Cep"
M4.79
. •
•
ice 10, 89..E
54.24'
SAM JENNINGS
E 302 P41
N54°02153"
689.70 /
•4 gtii
/ • I
LAXE CREEK
30' TEMPORARY
CONSTROMON sew
N 40° 55. 23n E I" '
457.70a
/ •
N 83° 08' 5IHE i It; •
I . 22 :\
Nt 29.27"E 9: 1
,so' .1
ts-
pAmt Orre
FILED FOR RECORD
'Zak StP t 7 fl2'S
S.4
6.4,as
RS PA A ig
462
STATE OF TEXAS COUNTY Of WILL
I
hnby cat& he this Ibsruraut: was Rt.
on Ire date an a; the Rae slam* hew
by me: 'M bas du' RECORDED. in the VC; ene
And MS_ of the named RECORES elIliErbsen
C411717,j„exes, n skimped barter. by El!, 0/1
SEp 18 1884
C a ,•
09JAITc cLERK
WILLIAMEON COUNTY, TEVS
Haynie 8: Mailman, Inc.
CONSULTING ENG MESAS
xa t
. .. _ .. . - J6 NO. 727- 2
a IKt b
FSA y,.�,.'.
< u:1
{, �, tow @"''''.'
t •.1 , $oF1 14
f
N.T.S.
Legend
TCIP 4B Funds
2001 G.O. Bond Funds
Conservation Easement
Conservation Easement for
South Creek Channel
Improvements
DATE: August 3, 2006
SUBJECT: City Council Meeting - August 10, 2006
ITEM: 10.E.2. Consider a resolution authorizing the Mayor to execute a Conservation
Easement as part of the Mitigation Plan requirements associated with the
U.S. Army Corps of Engineers Permit for the construction of channel
improvements for the Dry Branch Improvements project.
Department: Engineering & Development Services
Staff Person: Tom Word. Chief of Public Works Operations
Justification:
This project includes the construction of approximately 6,540 linear feet of Dry Branch tributary
to correct problems of bed scour and bank stability, as well as to address concerns of public
safety associated with flooding. The Dry Branch Project will impact 2.24 acres of waters of the
U.S., and as a result, the City has undertaken to secure a permit from the Corps of Engineers
having jurisdiction over the Dry Branch project. The City of Round Rock is constructing the
channel modifications on approximately 4,160 linear feet and D.R. Horton, the developer of the
Turtle Creek subdivision, is constructing channel modifications on approximately 2,380 linear feet
of the channel.
As part of our Mitigation Plan requirements, the Corp of Engineers required that the City obtain a
riparian preservation zone (Conservation Easement) on both sides of Lake Creek approximately ya
mile north of the Dry Branch tributary, as part of additional compensatory mitigation. The
easement, to be preserved in its current state, was executed by D.R. Horton and Sycamore Trail,
Ltd., the land owners on both sides of the creek.
Funding:
Cost: None
Source of funds: N/A
Outside Resources:
United States Army Corps of Engineers, D.R. Horton - Developer of
Turtle Creek Subdivision, and Sycamore Trail, Ltd. - owner of land north
of Lake Creek
Background Information:
The Dry Branch Project consist of widening approximately 4,000 linear feet of natural stream
channel, construction of a low flow channel in approx. 2,540 linear feet of previously channelized
stream channel, and implementation of a mitigation plan concurrently with construction and
operation of the Dry Branch project to offset adverse impacts to waters of the U.S.
Public Comment:
The City has discussed the proposed project with several residents in the South Creek
subdivision. A neighborhood meeting will be conducted prior to the commencement of
construction for residents whose property is adjacent to the Dry Branch.
EXECUTED
DOCUMENT
FOLLOWS
11111111111111
1111111111111111111
III
II IIII ESMT
42 PGS
CONSERVATION EASEMENT
2007047060
T IS CONSERVATION EASEMENT ("Easement") is made this /0 day of
, 2006, by CONTINENTAL HOMES OF TEXAS, L.P., a
Texas li ted partnership, ("Continental") and SYCAMORE TRAIL, LTD., a Texas
, ("Sycamore") (collectively the "Grantors"), as grantors, and CITY
OF ROUND ROCK, TEXAS (the Grantee"), as grantee.
INTRODUCTORY STATEMENT
A. The Grantors are the owners in fee simple of a certain tract or tracts of real
property locating in Williamson County, Texas comprised of approximately
Two Hundred Seventeen and three-quarters (217.74) acres, more or less, as
more particularly described on Exhibit "A" (the "Parcel"). There are no prior
liens on the Parcel.
B. Grantee is undertaking a channelization and stabilization project that will
place dredged and fill material into the "Waters of the United States" as
defined in 33 CFR 320, et seq. Grantee has requested the United States Army
Corps of Engineers ("ACOE") to issue a permit under Section 404 of the
Clean Water Act for these activities.
C. As a condition of the permit issued ("Permit No. 200200684"), ACOE is
requiring the Grantee to mitigate the loss of the "Waters of the United States"
by undertaking a "Project Mitigation Plan for Dry Branch Tributary"
("Mitigation Plan"), attached hereto as Exhibit "B" and made a part hereof.
D. Through . physical inspection, the .Grantee and the ACOE have identified a
portion of Grantors' land which would be suitable for use as the stream
restoration mitigation area. This area comprises approximately eight and one-
third (8.361) acres, more or less, as more particularly described on Exhibit
"C" attached hereto and hereby made a part of this Easement.
E. Grantee is to carry out the mitigation in accordance with the terms and
conditions of the Mitigation Plan approved by the ACOE.
F. Grantee desires to carry out the Mitigation Plan on the area shown on Exhibit
"C" and the Grantors have agreed that this Easement shall be recorded in the
official records of Williamson County, Texas ("Easement Parcel").
NOW, THEREFORE, in consideration of the Introductory Statement which is
deemed a material part of this Easement, and of the additional valuable and mutual
covenants hereinafter contained, and for other good and valuable consideration
received, Grantors hereby GRANT, BARGAIN, SELL and CONVEY to the Grantee
a conservation easement which shall run with the Easement Parcel in perpetuity and
shall encumber the Parcel only to the extent set forth in this Easement. The parties
agree as follows:
1. Until such time as the Mitigation Plan has been undertaken and fully implemented
by the Grantee, the Easement Parcel shall be maintained in its natural state by the
Grantors and/or their assigns, subject to paragraph 3 below.
CORR — Southcreek Conservation Easement
tWeDa-10•10E2.d
Page 1 of 6
2. Subject to paragraphs 3 and 4 below and except as may be necessary to conduct
the work required to complete the approved Mitigation Plan, the Grantors will not
undertake on their own or grant permission to others or otherwise allow the
following within the Easement Parcel:
a. Dump or place soil or other substance or material as landfill, or
dumping or placing of trash, waste, hazardous, toxic or otherwise
unsightly or offensive materials;
b. Use or allow the use of fertilizers, pesticides, or biocides, including,
but not limited to insecticides, fungicides, rodenticides, and herbicides,
except as may be used for fire ant control;
c. Excavate, dredge or remove loam, peat, gravel, soil, rock or other
material substance in a manner as to affect the surface or otherwise
alter the topography of the area;
d. Remove or destroy trees, shrubs or other vegetation;
e. Engage in any surface use except for purposes of preserving the water
or land areas, or the improvements or appurtenance thereto;
f. Alter the hydrology and/or impair the circulation of water in or on the
mitigation area; or
g. Discharge any dredge or fill material on any part of the areas
designated as the Easement Parcel.
3. The ACOE acknowledges that a public utility easement currently exists within the
Easement Parcel ("PUE"), a copy of which is attached hereto and incorporated
herein as Exhibit "D" and which may require maintenance from time to time. The
ACOE agrees to allow those entities having responsibility for maintenance of any
utilities existing within such PUE to have access to such PUE and to take such
actions as may be necessary to perform such maintenance and/or repairs.
4. The ACOE acknowledges that a bike trail will be built outside, but adjacent to the
Easement Parcel, with two access trails into the Easement Parcel from such bike
trail. The ACOE agrees during construction of the access trails, the Grantee may
be required to remove some trees and/or shrubbery to gain access to the creek
area. The ACOE further agrees that the general public shall have a right to use
the two access trails into the Easement Parcel.
5. The Grantee acknowledges that pursuant to conditions contained in the Permit
No. 200200684, the Grantee or its successor or assigns will be required to
undertake the Mitigation Plan. It is further understood, upon commencement and
full implementation of the Mitigation Plan by Grantee, Grantors shall have no
obligations, other than as may be set forth herein, with respect to the maintenance
of the Easement Parcel.
6. Grantee shall have the right to use and implement any administrative procedure or
remedy or any other legal procedure or remedy available to Grantee for the
purpose of ensuring compliance with the terms and conditions of this Easement.
CORR — Southcreek Conservation Easement
Page 2 of 6
7. All prospective purchasers, if any, of any portion of the Easement Parcel shall
receive notice of this Easement. The prohibitions contained in this Easement
shall be referenced in every deed, conveyance, or other transfer of all or any
portion of the Easement Parcel. This Easement is not granted for the benefit of
any dominant tract of land. The provision of this Easement shall be deemed to be
covenants running with and binding upon the Easement Parcel, unless terminated
or modified by ACOE or any successor agency which has the legal authority to
enforce this Easement. The provisions of this Easement shall only be enforceable
by the ACOE or successor agency of the Federal Government which has the legal
authority or right to enforce this Easement. The Grantee and any successors or
assigns shall also have the legal right and power to enforce the terms of this
Easement.
8. This Easement may not be amended, modified or rescinded except upon written
consent by the Grantors, Grantees and the ACOE or any successor agency.
9. Subject to paragraph 4, above, nothing contained in this Easement shall give or
grant to the general public any rights, titles, or interest with respect to the
Easement Parcel, including the right to enter upon or use the Easement Parcel.
10. This Easement shall be recorded in the official records of Williamson County,
Texas and each party shall be furnished a copy of this executed and recorded
Easement. Each Party is authorized to record or file any notices or instruments
appropriate to assuring the perpetual enforceability of this Easement, and the
other parties agree to execute any such instruments (reasonably acceptable to that
party) upon request.
11. Miscellaneous
a. Governing Law. The interpretation and performance of this Easement
shall be governed by the laws of the State of Texas and applicable
federal law and regulations and venue for any legal proceedings
instituted regarding this Easement will be in Williamson County,
Texas.
b. Severability. If any provision of this Easement, or the application
thereof to any person or circumstance, is found to be invalid, the
remainder of the provisions of this Easement, or the application of
such provision to persons or circumstances other than those found to
be invalid shall not be affected thereby.
c. Binding Effect. The covenants, terms, conditions and restrictions of
this Easement shall be binding upon and inure to the benefit of the
Parties and their respective personal representatives, heirs, successors,
CORR — Southcreek Conservation Easement
Page 3 of 6
and assigns and shall continue as a perpetual servitude running with
the Easement Parcel.
d. Exhibits. All exhibits referred to in this Easement are attached to this
Easement and are incorporated herein by this reference.
e. Notice. All notices and other communications in connection with this
Agreement shall be in writing and shall be considered given as
follows: (i) when delivered personally to the recipient's address as
stated in this Agreement; or (ii) when sent, by certified or registered
mail, return receipt requested, to the recipient's address as stated in
this Agreement. The addresses of the parties provided below may be
changed by similar notice in writing given by the party whose address
is to be changed. For the purposes of this Section 8, the addresses of
the parties for all notices are as follows:
If to City:
With a copy to:
City of Round Rock, Texas
Attention: James R. Nuse, P.E., City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
If to Continental: Continental Homes of Texas, L.P.
Attention: Richard N. Maier
12554 Riata Vista Circle, Second Floor
Austin, Texas 78727
With a copy to:
If to Sycamore: Sycamore Trail, Ltd.
Attention: Robert W. Wunsch
(f 3 I `( La eke L44&4-2.55-11
4- .1(11
With a copy to:
CORR - Southcreek Conservation Easement
Page 4 of 6
f. Captions. The captions in this Agreement are inserted for convenience
of reference only and in no way define, describe or limit the scope or
intent of this Agreement or any provisions hereof.
g.
Gender and Number. Words of any gender used in this Agreement
will be construed to include the other gender and words in the singular
number will be construed to include the plural, and vice versa, as the
context may require herein.
h. Multiple Counterparts. This Agreement may be executed in a number of
identical counterparts which, taken together, shall constitute collectively
one (1) agreement; but in making proof of this Agreement, it shall not be
necessary to produce or account for more than one such counterpart.
i. Entire Agreement. This Agreement and all exhibits attached hereto, plus
any referenced site plans and construction plans, constitute the entire
agreement and understanding between the parties and supersede all prior
and contemporaneous agreements and understandings of the parties in
connection therewith.
EXECUTED on this the / 0 day of
ATTEST:
CITY OF ROUND ROCK, TE
y: "7;140°
Christine R. Martinez
City Secretary
APPROVED AS TO FORM:
L.4
Step L. Sheets, City Attorney
CORR — Southcreek Conservation Easement
ed yle Maxwell
Title: Mayor
Date:
8'-10-0�
CONTINENTAL HOMES OF TEXAS, L.P.,
a Texas limited partnership
Page 5 of 6
CORR — Southcreek Conservation Easement
By: CHTEX of Texas, Inc., a Delaware
corporation, its sole general partne
By:
ichard N. Maier
Title. 1 ice -President
e:
SYCAMORE TRAIL, LTD.,
a Texas
limited partnership
By: 11 --ti d Olits--
its sole general partner
By:
Title: i es
Date: - !d - dG
Page 6 of 6
CORR — Southcreek Conservation Easement
By: CHTEX of Texas, Inc., a Delaware
corporation, its sole general partner
By:
Richard N. Maier
Title: Vi Bresident
Date: JL ")4 ,JtC(F.
SYCAMORE TRAIL, LTD.,
a Texas limited partnership
By:
its sole general partner
By:
Page 6 of 6
Acknowledgment
State of Texas
County of -WAN►S
This instrument was acknowledged before me on this the day of *WI
2007 by Robert Wunsch, in the capacity and for the consideration and purposes recited herein.
State of Texas
County
Notary Public, State of Texas
Acknowledgment
This instrument was acknowledged before
2007 by Richard Maier, in the capacity and for th
State of Texas
County of-) it_34 P,msc
this the / day of i,.>•,
eration and purposes recited helein.
lic, State of Texas
Acknowledgment
This instrument was acknowledged before me on this the a k day of
2007 by Nyle Maxwell, in the capacity and for the consideration and purposes recited ► erein.
ary Public, Sta a of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
Mayor Nyle Maxwell
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
EXHIBIT "A"
THE "PARCEL"
Owner
Docment
O.P.R.W.C.
Sycamore Trail, Ltd.
Special Warranty Deed
2004035683
Sycamore Trail, Ltd.
Warranty Deed
2003107974
Sycamore Trail, Ltd.
Special Warranty Deed
2001007249
Continental Homes of Texas, L.P.
General Warranty Deed
2000066004
Continental Homes of Texas, L.P.
Special Warranty Deed
2000066006
Continental Homes of Texas, L.P.
General Warranty Deed
2000065504
m
EXHIBIT
nAn
EXHIBIT "B"
MITIGATION PLAN
PROJECT MITIGATION PLAN FOR
DRY BRANCH TRIBUTARY
CHANNEL IMPROVEMENT PROJECT
CITY OF ROUND ROCK
WILLIAMSON COUNTY, TEXAS
USACE PROJECT NO: 200200684
Revised May 2005
Project Mitigation Plan
BASELINE INFORMATION.
The City of Round Rock proposes to construct channel modifications for a Dry Branch tributary
to correct problems of bed scour and -bank-stability, as .well as -to address concerns of public - .. -..: -...
safety associated with flooding. All practicable options for avoidance, minimization, and
mitigation of impacts to wetlands were exercised during design of the proposed project.
The proposed project includes deeper excavation into the native bedrock and soil substrate,
which would form the bottom of the improved channel. Side slopes (outside of the channel
width) would be reinforced with stone where necessary. This excavation would continue
downstream to the tributary's intersection with Dry Branch. Minor bank stabilization activities
are proposed within a portion of a previously channelized section of the Dry Branch tributary
between Gattis School Road. and the -section to be. deepened .(see Sheets 3, and 4 of 20 in permit
application). This alternative would increase capacity while utilizing a "self -mitigating"
approach. This self -mitigating approach will_be.accomplished by excavating a meander :channel
with an integral riffle/pool segment sequence to enhance stream function accompanied by tree
plantings adjacent to Segment 2. The channel design would include a back -slope swale designed
to encourage drainage of the overflow areas following a bankfull storm event, as well as a re-
formed soil bed exhibiting herbaceous plant: - •
The project would impact one water of the U.S. (an unnamed tributary to Dry Branch) both
permanently and temporarily. No wetlands will be impacted. A total of 2.24 acres of waters of
the U.S. would be impacted.
Compensation for unavoidable permanent and temporary impacts will be accomplished through
use of a self -mitigating channel design, riparian plantings adjacent to the channel, and creation of_
a Riparian Preservation Zone (RPZ) along a neighboring creek in the Brushy Creek watershed..
(1) Avoidance and Minimization - - •- - . - -- -- - -
Avoidance and minimization measures have been considered for this project to the maximum :: _ V
extent practicable during the planning and '-design phases for this project. The no -build
alternative was .considered but. eliminated early. on .inthe..process_.s jt. _m.41 not_ meet_
purpose and need of correcting existing problems of bed scour and bank stability, or address
concerns of public safety associated with flooding.
City of Round Rock—Dry Branch Tributary Improvements)
• USACE Project # 200200684
May 2005 .
•
Project Mitigation Plan
Four alternatives, including the no -build alternative were studied. After study of the alternatives,
the preferred was selected based primarily on the need to correct existing problems of bed scour
and bank stability, and address concerns of public safety associated with flooding.
Originally an alternative was investigated which consisted of simply deepening the existing -
channel and using a "traditional" trapezoidal design for the deepened channel. While practicable
this alternative did not address stream dynamics issues and was ultimately abandoned.
Another previous alternative included a proposal to line a portion of the channel with concrete.
Following an April 4, 2003, field visit, the USACE Fort Worth District office provided
feedback indicating that this would result in numerous concems from the regulatory community
and was not advisable. Based on this correspondence, the project design was revised to remove
the concrete component from the proposed action.
The recommended preferred alternative is described in greater detail in this permit application
and mitigation plan.
(2) Impacts
Direct permanent impacts will consist of the deepening of existing jurisdictional channels and
the placement of earthen fill in jurisdictional areas. Temporary impacts will consist of vegetation
removal and earth moving in jurisdictional areas that will be restored once construction is
completed.
The portions of the existing channel (Segment 2) for Dry Branch Tributary within the limits of
the proposed channel will be completely excavated and will cease to be an unaltered natural
drainage. The tributary will follow the path of the proposed channel that connects previous
channel improvements upstream (Segment 3) and downstream (Segment 1). The approximately ...
112 to 456 foot wide proposed channel (top width) is designed to contain the 100 -yr flood,
preempting damage to future residences adjacent to the channel (see Sheet 13 of 20). Portions of
the existing channel outside the limits of the proposed channel will be completely filled,
regraded and revegetated as necessary.
The proposed channel will connect with the previously improved 80 -foot wide (bottom width)
earthen channel upstream and the primary Dry Branch channel downstream. This ultimate
channel is designed to contain the fully developed 100 -yr flow rate along the entire length of Dry
Branch Tributary from its headwaters to its confluence with Dry Branch.
City of Round Rock—Dry Branch Tributary Improvements2
USACE Project ti 200200684
May 2005
Project Mitigation Plan
(3) Plan Goals and Objectives
The goals and objectives for this mitigation plan are to appropriately compensate for impacts to
jurisdictional areas that cannot be. avoided or further minimized in the construction of this
project. Compensation for unavoidable impacts will be accomplished through a self -mitigating
on-site design coupled with additional plantings and protection of a Riparian Protection Zone, as
described in this report.
(4) Proposed Mitigation Area
See Wetland Delineation Report, submitted under separate cover.
_ (5) Jurisdictional Determination
See Wetland Delineation Report, submitted under separate cover.
(6) Proposed Compensatory Mitigation
This project is proposed to be partially self -mitigating. The City proposes to excavate a -low flow
mitigation channel within Segments 1 and 2, intended to replace some of the lost function and
habitat (see Sheet 18 of 20).
The proposed low flow channel is approximately 1 foot in depth, includes a sinuous meander and
a bottom width of 20 feet with cross slopes of 1% to 2%. The meandering low flow channel
includes a series of steep slopes (0.6%) and flat slopes (0%) to encourage a "riffling and
pooling" sequence throughout the improvement reach. The downstream end of the "pool" reach
includes rock boulders to restrict flow and provide habitat cover. Velocities at low flows (50 to
120 -cubic- feet per- second, cfs) range from 3 to 6 feet per second (fps). These velocities will
encourage _the transport. of sediment .through the system ..and discourage the collection of
sediment that may adversely affect conveyance of the channel. The inside bend of the
meandering low flow channel includes a "point bar," or "single" floodplain bench (the bottom of
the. main channel) that will be frequently inundated. The interior side of the- bench includes an
...`.`Qverflgw"chanil.•thwilt dein the.. floodplain.. bench once floodwaters have receded . The
area between the overflow channel and the low flow channel will include a soil bed with a
topsoil layer taken from deposits located throughout the existing channel to maintain the existing
plant/grass species that have been established. A temporary mat will be required to reinforce the
topsoil until vegetation has been established. This area will encourage the uptake of nutrients
City of Round Rock --Dry Branch Tributary lmprovements3
• USACE Project # 200200684
Mary 2005
Project Mitigation Plan
adding a water quality benefit to the system. The bankfull condition would be contained within
the rock wall protection at the edges of the channel.
The meandering channel: would retain the integrity of the exiting stream to the extent possible,...
would include riffles and pools where practicable and feasible, and would still maintain the
proposed function of the project itself, which is adequate conveyance of storm water.
(7) Existing Liens and Encumbrances
All property is owned or controlled by the City of Round Rock.
(8) Protective Actions
Erosion and sedimentation control measures, site work and restoration work shall be in
accordance with the City of Round Rock Erosion and Sedimentation Control Ordinance (see
Sheets 14 through 17 of 20). All slopes shall be sodded or seeded with approved grass, grass
mixtures, or ground cover suitable to the area and season in which they are applied (see table
below for proposed seed mix). Silt fences, rock berms, sediment basins or similarly recognized
techniques and materials shall be employed- during construction to prevent point source
sedimentation loading of downstream facilities.
Proposed Erosion Control Seed Mix
ranch Tributary Improvement
IJSACE Project # 200200684
May 2005
Common Name
Plant Type
Scientific Name
Application rate
(lbs/1000 ft2)
Buffalograss
Grass
Buchloe dactyloides
0.3
Green Sprangletop
Grass
Leptochloa dubia
0.4
Yellow Indiangrass
Grass •
Sorghastrum nutans
0.2
Little Bluestem •
•Grass- -- •
- •
- -
Schizachyrium scoparium -
0.2
Canada Wildrye
Grass
-
- i.
Elymus canadensis •
0.2
Purple Threeawn
Grass -
Aristida purpurea
1.2
Sideoats Grama -
Grass
Bouteloua curtipendula
1.3
Texas -Bluebonnet- - - --- -- -- --
- Wildflower.
- ------
- Lupinus •texensis --•
1.4
Purple Prairie Clover
Wildflower
Petalostemum purpurea
0.1
Plains Coreopsis
Wildflower
Coreopsis tinctoria
0.05
Goldenrod
Wildflower'
• -
Solidago altissima -
0.02 •
Greenthread
Wildflower
.
Thelesperma filifolium
0.075
City of Round R 11..... e
ock
ranch Tributary Improvement
IJSACE Project # 200200684
May 2005
Project Mitigation Plan
(9) Hydrologic Information
All construction is along the bottom and side slopes of the excavated floodway.
(10) Mitigation Area Substrate
The area between the overflow channel and the low flow channel will include a soil bed with a
topsoil Iayer taken from deposits located throughout the existing channel to maintain the existing
plant/grass species that have been established. A temporary mat will be required to reinforce the
topsoil until vegetation has been established. This area will encourage the uptake of nutrients •
adding a water quality benefit to the system.
(11) Planting Plan
Stream Channel Mitigation Measures
The meandering channel would retain the integrity of the existing stream to the extent possible,
would include riffles and pools where practicable and feasible, and would still maintain the._.
proposed function of the project itself, which is adequate conveyance of storm water. In addition
to the replacement of stream function, an attempt would be made to replace the lost riparian
vegetation and habitat within a 30 -foot vegetated buffer (see Figures 1-3) along both sides of the
proposed channel adjacent to Segment 2 (totaling approximately 5.5 acres). The 30 -foot buffer
would be populated with native trees and plants in accordance with the attached species list (a
subset of the City's List of Approved Trees for Round Rock). The vegetated buffer would be
designed and planted with a target survival rate of 50% and a target density of approximately. 160.
trees per acre. Plantings would consist of bare root or potted seedlings as available and would be
planted by hand.
City of Round Rock --Dry Branch Tributary !mprovements5
USACE Project# 200200684 .
May 2005
Coinmon Name
Plant Type
Scientific Name •r
Application rate-
(lbs/1000 ft2)
Indian Blanket
Wildflower
Gaillardia pulchella
0.15
Lemon Mint
Wildflower.
. Monarda citriodora . ..
).06 ........
Mexican Hat
Wildflower
Ratibida columnifera
0.05
Pink Evening Primrose
Wildflower
Oenothera speciosa
0.02
Annual Sunflower
• Wildflower
Helianthus annuus
0.075
(9) Hydrologic Information
All construction is along the bottom and side slopes of the excavated floodway.
(10) Mitigation Area Substrate
The area between the overflow channel and the low flow channel will include a soil bed with a
topsoil Iayer taken from deposits located throughout the existing channel to maintain the existing
plant/grass species that have been established. A temporary mat will be required to reinforce the
topsoil until vegetation has been established. This area will encourage the uptake of nutrients •
adding a water quality benefit to the system.
(11) Planting Plan
Stream Channel Mitigation Measures
The meandering channel would retain the integrity of the existing stream to the extent possible,
would include riffles and pools where practicable and feasible, and would still maintain the._.
proposed function of the project itself, which is adequate conveyance of storm water. In addition
to the replacement of stream function, an attempt would be made to replace the lost riparian
vegetation and habitat within a 30 -foot vegetated buffer (see Figures 1-3) along both sides of the
proposed channel adjacent to Segment 2 (totaling approximately 5.5 acres). The 30 -foot buffer
would be populated with native trees and plants in accordance with the attached species list (a
subset of the City's List of Approved Trees for Round Rock). The vegetated buffer would be
designed and planted with a target survival rate of 50% and a target density of approximately. 160.
trees per acre. Plantings would consist of bare root or potted seedlings as available and would be
planted by hand.
City of Round Rock --Dry Branch Tributary !mprovements5
USACE Project# 200200684 .
May 2005
Protect Mitigation Plan
Additionally, the. City proposes to stockpile the seed bank/topsoil from the areas to be excavated
for the proposed project and use this seed bank to reseed portions of the bed of the channel. This
will be accomplished by stockpiling approximately the surface four inches of the excavated areas
which contain. desirable_species, excluding :those areas containing cattails or other undesirable
species, and replacing this topsoil in portions of the channel bed after construction. -
Additional Riparian Woodland Plantings
In addition to the self -mitigating nature of the channel design as described above the City
proposes planting trees in several areas adjacent to the proposed project. Three areas where
additional riparian tree plantings are proposed are indicated in the drawings on Figure 3. These
areas total approximately 3.26 acres. The City also proposes to plant a line of trees on the side
slopes along both sides of the stream in Segments 1 and 3. The planted trees would be staggered
and planted at an approximately 15 -foot spacing, on center. Trees planted in all these areas
would be native species in accordance with the attached list (a subset of the City's List of
Approved Trees for Round Rock).
Establishment of Riparian Preservation Zone (RPZ)
In response to resource agency comments, the City proposes to create a .high-quality Riparian
-Preservation Zone (RPZ) as additional compensatory mitigation for project -related impacts. The
RPZ consists of approximately 8.25 acres (1,550 linear feet) on both sides of Lake Creek
approximately % mile- north of the Dry Branch tributary (see Figure 4). Lake Creek within the
RPZ has an ordinary high water mark of approximately 25 feet. The perennial creek lies within a
riparian corridor approximately 150 to 200 feet wide. The streambed is between bluff banks
approximately 30 feet lower than the top of the banks. It is presently wooded with a canopy
cover of approximately 80%. Dominant canopy species are live oak (Quercus virginiana), cedar
elm (Ulmus crassifolia), Ashe juniper (Juniperus asheii), pecan (Carya illinoensis), Osage
orange (Madura pomifera), and black willow (Salix nigra). Diameters at breast height (dbh)
.xange from 6 to 40 inches and average approximately 10 inches while heights range. from 15 to
45. feet and average approximately 30 feet. The shrub/sapling layer is dominated by canopy
species saplings, red buckeye (Aesculus pavia) and deciduous holly (Ilex decidua). Common
vines include greenbrier (Smilax sp.), Japanese honeysuckle (Lonicera japonica), and poison ivy
(Toxicodendron . radicans). Dominant herbaceous species include Canada wildrye (Elymus
_ . cartadensis),.Johnson-grass-(Sorghum_halepense), and curly dock (Rumex crispus). A .hike. and
bike trail will be constructed in this area outside the 100 -year floodplain. Otherwise the area will
be preserved as it is now, with considerations for periodic maintenance. Photographs of the area
are attached at the end of this plan.
City of Round Rock—Dry Branch Tributary lmprovements6
USACE Project # 200200684
May 2005
Project Mitigation Plan
(12) Planting Success Criteria
Herbaceous Communities
The City proposes a goal of 80% ground cover in thefloodplain bench soil: bed after 3 years.
ensure reaching these goals the soil bed will be monitored with a monitoring report -to be
submitted to the U.S. Army Corps of Engineers — Fort Worth District annually for 3 years
(beginning in the year construction is completed). These reports will be submitted to the Corps
by October 1 each year. If these plantings do not meet the goals stated above supplemental
plantings will be performed. In addition, the erosion control and bank stabilization measures
proposed within Segment 3 comprise a beneficial enhancement to the aquatic environment.
Woody Communities
An attempt wouldbe. made. to.replace the lost riparian vegetation and habitat within a 30 -foot
vegetated buffer along both sides of the proposed channel adjacent to Segment 2 (totaling
approximately 5.5_acres).. The 30-foot.buffer (see Figures 1-3) would be populated with native
trees and plants in accordance with the attached species list (a subset of the City's List of
Approved Trees for Round Rock). Three areas where additional riparian tree plantings are
proposed are indicated on Figure 3. These areas total approximately 3.26 acres. The woody
species plantings -would be designed and planted with. a target survival rate of 50% and a target-.
density of approximately 160 trees per acre. No single species would constitute more than 30%
of the surviving plantings.
The City also proposes to plant a line of trees on the side slopes along both sides of the stream in
Segments 1 and 3. The planted trees would be staggered and planted at an approximately 15 -
foot spacing, on center. Trees would be native species would be from the City's list of Medium
Trees, and would be replaced if mortality exceeds 15%.
Maintenance .
The City will mechanically mow accessible portions of the channel side -slopes and vegetated
areas within the channel on a yearly basis in order to remove any impediments to conveyance, •
such as woody species (other than planted trees/shrubs). In addition, undesirable invasive species
and woody species not accessible to mowers will be manually treated with appropriate herbicides
in. order to. minimize theoccurrence of these,species, .
(13) Performance Standards
The permittee will maintain the mitigation area so that the water of the U.S. is functioning at the
City of Round Rock -Dry Branch Tributary lmprovemenls7
USACE Project # 200200684
May 2005 .
Project Mitigation Plan
level of ecological performance described in (11) to ensure that:
• Waters of the U.S. are functioning as the intended type of waters of the U.S. and
at the level of ecological performance prescribed in the mitigation plan.
• Buffer and riparian zones and other areas integral to the enhancement of the
aquatic ecosystem are functioning as the intended type of ecosystem component
and at the level of ecological performance prescribed in the mitigation plan.
(14) Ecological Benefits
The mitigation plan as proposed would create a more diverse habitat in the portions of the project
area that are already channelized while lessening erosion from flood events.
(15) Threatened and Endangered Species
A search of the map repository of sensitive species and community types maintained by'the
Natural Diversity Database (NDD) at the Texas Parks and Wildlife Department (TPWD)__was
performed in February 2004 to encompass the project area. No known endangered, threatened,
or otherwise rare or sensitive plant species, animal species or community type occurrenceshave
been reported within or immediately adjacent to the impact area. No habitat for listed species
occurs on the site. No impacts are anticipated.
(16) Additional Relevant Information
A cultural resource investigation found no archeological sites or Section 106 issues (letter from
THC provided to USACE in original permit submittal). No significant ecologically sensitive
areas occur within the project's area of potential effect. Construction of the proposed channel, as
proposed, would minimize impacts to regional hydrology.
(17) Operation and Management Plan
Once success criteria for the mitigation areas (soil bed and woody plantings) are met these sites
will be maintained in perpetuity. The portions of the project area where woody species are not
planted will be mowed by the City twice a year. All structures will be maintained by the City.
City of Round Rock—Dry Branch Tributary lmprovements8
USACE Project # 200200684
May 2005
Pmject Mitigation Plan
(18) Monitoring Plan
Mitigation progress shall be measured in two ways: (a). Vegetative enhancements will be
monitored as outlined in (11) and (12), above; and,(b). Proposed channel features as described in
this document will be monitored and documented in the yearly reports outlined in (19), below.
Contingency Plan
Compensatory over planting of desirable species is designed to lessen the probability that
success criteria are not met. In the event that success criteria for this mitigation plan are not met
steps will be taken to ensure that they are met in the future (replanting, etc.).
(19) Reporting Plan
An annual report will be submitted to the USACE by the City on or before the first of October
detailing the status of the mitigation plan and activities taking place in the preceding year. This
annual report will be submitted for a minimum of three consecutive years, beginning in the year
construction takes place.
(20) Mitigation Specialist
The City of Round Rock will contract with or employ a qualified mitigation specialist to oversee
implementation of this plan.
(21) Schedule
Construction is scheduled to begin in early 2005 (originally scheduled for 2004). Project
mitigation will occur contemporaneous with construction of the channel modifications and
plantings are expected to be completed by March 2007. It is anticipated that construction will be
completed in mid- to late- 2005, with the first of three monitoring reports submitted by October
1, 2005.
(22) Provision for a Protective Covenant
The property will remain in City of Round Rock ownership/control in perpetuity. The Riparian
Preservation Zone (RPZ) shown in Figure 4 will be protected by deed restriction, with
stipulations made for long-term maintenance and future construction of a hike and bike trail.
City of Round Rock --Dry Branch Tributary lmprovements9
. USACE Project # 200200684
May 2005
,,
_
.�i
l
/fi Ar
Base Map Source: USGS 7.5 Min. Tapogfap tai quadrangle of Round Rte. TX (1987) & Pia Wim, DC (1987)
RECORDERS MEMORANDUM
- - AU or pans of the text -on
clearly legible for satisfacto � was nix- ..--__,�
ry recordation
1
Scale: t 2000'
PREVIOUSLY CHANNELIZED AREA
AREA NOT PRRVIOUSLY CNANNELIZ,ED
APPLICANT CITY OF ROUND ROCK. WILLIAMSON COUNTY, TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT #: 200200684
DATE: MAY 2005
MITIGATION PLAN
FIGURE 1
•
30' VEGETATED
BUFFER
L
SHALLOW POOL
N-_
MITIGATION CHANNEL
PROPOSED MITIGATION
CROSS-SECTION / SEGMENT 2
APPLICANT CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION -
PROJECT #: 200200684
DATE: MAY 2005
30' VEGETATED
BUFFER
MITIGATIONpN
FIGURE 2
.1.1.,-9•41Q• MO). -
7-,
1
rte' {r
N. 41 Mph
\ ,
u1
•
•
30 FOOT
BUFFER AREA
1
41°OSA TRAM_
APPLICANT: CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT #: 200200684
DATE: MAY 2005
Lai
MITIGATION PLAN •
FIGURE 3 = .. • .:
227:
• _
c` • -
•
7.;
•
i 3 47%
J.71,„ •
. Ig . .,..4...._. 1,....."
'
fi F ' ' 4SriX e
... ... = N : .....,
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- • .1,.. •N,. - - ...„.... ..1‘: .
. 7.'4 s. ••:••`... -i...-1N ,,,.
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f.....;' - •
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,
•
APPLICANT: CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS
PROJECT: DRY BRANCH TRIBUTARY CHANNELIZATION
PROJECT #: 200200684
DATE- MAY 2005
0
MITIGATION PLAN
FIGURE 4
LIST OF APPROVED NATIVE TREES FOR ROUND
ROCK
Common Name
Large Trees (mature height 40 feet or more)
Bur Oak
Live Oak
Chinquapin Oak
Shumard Red Oak
Cedar Elm
Pecan
Bald Cypress
Montezuma Cypress
Eastern Black Walnut
Southern Magnolia
Post Oak
American Elm
1
Scientific Name
Quercus macrocarpa
Quercus virginiana
Quercus muehlenbergii
Quercus shumardii
Ulmus crassifolia
Carya illinoensis
Taxodium distichum
Taxodium mucronatum
.Juglans nigra
Magnolia grand lora
Quercus stellata
Ulmirs americana
Medium Trees (mature height 25-40 feet)
Texas (Spanish) Red Oak
Lacey_Oak .
Texas Ash
Mesquite
Western Soapberry
Escarpment Black Cherry
Bigtooth Maple
Carolina Cherry Laurel
Texas (Little) Walnut
Eastern Red Cedar
Quercus buckleyi
Quercus laceyi
Fraxinus texensis
Prosopis glandulosa
Sapindus drummondii
Prunus serotina ssp. Eximia
Acer grandidentatum
Prunus caroliniana
Juglans macrocarpa
Juniperus virginiana
Small Trees (mature height 8-25 feet)
Texas•Redbud •
Mexican Plum
Mountain Laurel-
Mexican Buckeye
Yaupon Holly
Texas Persimmon
Vitex
Desert Willow
Possumhaw Holly
Carolina Buckthorn
Eve's Necklace
American -Smoke Tree
Blanco Crab Apple
Flameleaf Sumac
Texas Pistache
Wax Myrtle
Texas Madrone
Rough -leaf Dogwood
Cercis canadensis
Prunus mexicana
Sophora secundaora
Ungnadia speciosa
Ilex vomitoria
Diospyros texana
Vitex spp.
Chilopsis linearis
Ilex decidua
Rhamnus caroliniana
Sophora afj7nis
Cotinus obovatus
Pyrus ioensls
Rhus copallina
Pistacia texana
Myrica cerifera
Arbutus xalapensis
Cornus drummondii
1. A.W. Grimes bridge over Lake Creek.
2. Lake Creek from top of bluff on south side.
PAGE 1 OF 3
•
3. Large pooled area of Lake Creek.
4. Looking northwest from creek bank up slope through riparian area of Lake Creek.
PAGF2OF3
5. Lake Creek, looking downstream.
6. Lake Creek, tooking upstream.
PAGE3OF3
EXHIBIT "C"
THE "EASEMENT PARCEL"
Land Surveyors, Inc.
8333 Cross TarkOripe
Austin, 7e. as 78754
Vice: 512374.9722
T'a.c512.873.9743
METES AND BOUNDS DESCRIPTION
Ct! fC)E
Page 1 of 9 CC ✓ 14
BEING 8.361 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY NO. 9, ABSTRACT NO.
297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A
151.37 ACRE TRACT OF LAND CONVEYED TO CONTINENTAL HOMES OF TEXAS, L.P. BY
INSTRUMENT OF RECORD IN DOCUMENT NO. 2000066004;
OF A 33.61 ACRE TRACT OF LAND CO A PORTION OF A REMAINDER
BY INSTRUMENT OF RECORD IN DOCUMENT NO. 22000065504; A PORTION ONENTAL HOMES OF TEXAS, .4 8
ACRE TRACT OF LAND CONVEYED TO SYCAMORE TRAIL,
LTD. BY OF
RECORD IN DOCUMENT NO. 2004035683; A PORTION OF A 6.83 ACRE (TRACT OFNLAND
CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTURMENT OF RECORD IN DOCUMENT
NO. 2003107974 AND A PORTION OF A 26.11 ACRE TRACT OF LAND CONVEYED TO
SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOCUMENT NO. 2001007249,
ALL OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rebar found for the northeast comer of said remainder of a 33.61
acre tract, same being the northwest comer of South Creek, Section Two, a subdivision of record
in Cabinet F, Slide 266 of the Plat Records of Williamson County, Texas, an angle. point in the
south line of .a.23.217 acre tract of land known as Tract II, conveyed to Sycamore Trail., Ltd. by
deed of record in Document No. 2001007249 of the Official Public Records of Williamson County,
Texas, and being in the approximate centerline of Lake Creek, from which a 5/8" iron rebar found
with plastic cap which reads "CARTER & BURGESS" bears South 00"4927" West (record -
South 02°36'29" West, along the east line of the remainder of a 33.61 acre tract and the west line
of said South Creek, Section Two a distance of 141.0.6 feet (record - 140.95 feet);
THENCE with the north line of the remainder of a 33.61 acre tract, the south line of said 23.217
acre tract, the south line of. a 1.45 acre tract of land conveyed to Sycamore Trail, Ltd. By
instrument of record in Document No. 2003021573 of the Official Public Records of Williamson
..County,, 'exas,-=.the south line of said 26.11 acre tract and the approximate •centerline of Lake
Creek the following three (3) courses:
1. North 75°0416" West, a distance of 240.68 feet (record - North 73°12'53" West, a distance of
240.68 feat) to a calculated point for the southwest comer of said 23.217 acre tract, and the
southeast comer of said 1.45 acre tract
2. North 76°04'36" West, passing at a distance of 332.60 feet a calculated point in the east right-
tof-way-line of AW. Grimes Boulevard (120' R.O.W,) and ctossirig ihto A.W. GrimesBoulevar8 for
a total distance of 365.00 feet (record - North 74°13'13" West, a distance of 365.00 feet) to a
calculated point for an angle point in the north line of the remainder of a 33.61 acre tract and the
south line of said 27.61 acre tract
3. North 70°4614" West (record - North 68°54'51" West), continuing across A.W. Grimes
Boulevard a distance of 90.31 feet to a calculated point in the west right-of-way line of A.W.
Grimes Boulevard (120' RO.W.) for the POINT OF BEGINNING.
EXHIBIT
Page 2 of 9
THENCE South 29°43'03" West, with the west right-of-way line of A.W. Grimes Boulevard
a distance of 37.71 feet to a calculated point;
THENCE crossing through the remainder of a 33.61 acre tract the following five (5) courses:
1. North 71 °48'58" West a distance of 342.90 feet to a calculated point
2. North 62°42'49" West a distance of 124.34 feet to a calculated point;
3. North 71°04'31" West a distance of 74.00 feet to a calculated point
4. North 42°0521" West a distance of 83.55 feet to a calculated point
5. North 48°35'25' West, crossing into saki 151.37 acre tract a distance of 180.67 feet to a
calculated point;
THENCE crossing through the 151.37 acre tract the following seventeen (17) courses:
1. North 65°01'08" West a distance of 97.08 feet to a calculated point
2. North 73°15'29" West a distance of 64.22 feet to a calculated point
3. South 76°24'43" West a distance of 108.54 feet to a calculated point;
4. South 46°45'59' West a distance of 80.29 feet to a calculated point
5. South 55°45'29" West a distance of 215.93 feet to a calculated point
6. South 24°51'49" West a distance of 45.19 feet to a calculated point;
7. South 65°14'26' West a distance of 127.74 feet to a calculated point
8. South 52°00'28" West a distance of 107.22 feet to a calculated point;
9. South 14°28'13" West a distance of 16.01 feet to a calculated point
10. South 52°57'27" West a distance of 33.20 feet to a calculated point;
11. South 60°29'35" West a distance of 104.56 feet to a calculated point
12. South 49°30'08" West a distance of 90.08 feet to a calculated point
13. South 40°5428" West a distance of 222.95 feet to a calculated point
14. South 29°06'35' West a distance of 50.36 feet to a calculated point
15. South 45°00'00" West a distance of 53.74 feet to a calculated point
16. South 24°20'28' West a distance of 92.20 feet to a calculated point
17. South 75°57'52" West a distance of 111.59 feet to a 1/2" rebar found in the west line of
the 151.37 acre tract, same being the east line of a 7.066 acre tract of land conveyed to
the County of Williamson, et al by instrument of record in Document No. 2000052765 of
the Official Public Records of Williamson County, Texas;
Page 3 of 9
THENCE along the west line of the 151.37 acre tract and the east line of said 7.066 acre tract the
following two (2) courses:
1. North 17°19'55' East a distance of 57.73 feet to a 1/2" rebar found;
2. North 32°00'28" West a distance of 47.53 feet to a calculated point in the approximate
centerline of Lake Creek for the northwest comer of the remainder of a 151.37 acre tract,
the northeast comer of the 7.066 acre tract, the southwest comer of said 9.498 acre tract
and the southeast comer of a 6.591 acre tract of land conveyed to Sycamore Trail, Ltd by
- instrument of record in Document No. 2001007251 of the Official Public Records of
Williamson County, Texas;
THENCE along the east line of the 9.498 acre tract, same being the east line of said 6.591 acre
tract the following two (2) courses:
1. North 38°2013" West a distance of 39.42 feet to a calculated point
2. North 23°56'23" West a distance of 18.45 feet to a calculated point;
THENCE crossing through the 9.498 acre tract the following nine (9) courses:
'1. North 86°23'42" East a distance of 7.96 feet to a calculated point;
2. North 43°04'06" East a distance of 275.00 feet to a calculated point
3. North 53°04'09" East a distance of 410.00 feet to a calculated point
4. North 13°47'47" East a distance of 105.00 feet to a calculated point
5. North 42°35'01" East a distance of 120.00 feet to a calculated point
6. North 11 °07'38° East a distance of 55.00 feet to a calculated point
7. North 75°32'28" East a distance of 150.00 feet to a calculated point;
8. North 39°5123' East a distance of 215.00 feet to a calculated point
9. North 58°55'31' East, crossing into said 6.83 acre tract a distance of 260.00 feet to a
calculated .point;
THENCE. crossing through the 6.83 acre tract the following three (3) courses:
1. North 76°3123" East a distance of 165.00 feet to a calculated point
2. South 72°14'29" East a distance of 160.00 feet to a calculated point;
3. South 62°37'59" East, crossing into the 26.11 acre tract a distance of 205.00 feet to a
calculated point;
THENCE crossing through the 26.11 acre tract the following six (6) courses:
1. South 47°44'4T East a distance of 105.00 feet to a calculated point;
2. South 41°23'37" East a distance of 150.00 feet to a calculated point
Page 4 of 9
3. South 57°03'01° East a distance of 110.00 feet to a calculated point
4. South 66°19130" East a distance of 135.00 feet to a calculated point
5. South 71°40'36° East a distance of 175.00 feet to a calculated point
6. South 78°01'34" East a distance of 80.00 feet to a calculated point in the east line of the
26.11 acre tract, same being the west right-of-way line of A.W. Grimes Boulevard;
THENCE South 29°43'03" West, along the east line of the 26.11 acre tract and the west right-of-
way line of A.W. Grimes Boulevard a distance of 51.83 feet to the POINT OF BEGINNING.
This parcel contains 8.361 acres of land, more or less, out of the P.A. Holder Survey No. 9,
Abstract No. 297, in Williamson County, Texas.
Description prepared from an on -the -ground survey made during November, 2001.
Bearing Basis: Texas State Plane Coordinate System, Central Zone, NAD 83, using a surface
adjustment factor of 1.00012.
Ronnie Wallace, R.P.L.S.
Texas Registration Number 5222
Baseline Land Surveyors, Inc.
8333 Cross Park Drive
Austin, Texas 78754
S
Fieldnotes File: IProjects1Turtle Creek\Docs\FNotes1Drainage Esmt1 GJA fn.doc
•
1
A
R.O.W.
P.U.E.
ESMT.
P.O.C.
P.O.B.
(0.R.W.C.T.)
(D.R.W.cT.)
LEGEND
1/2" IRON REBAR FOUND
CONCRETE MONUMENT FOUND (TYPE B)
5/8" IRON REBAR FOUND WITH PLASTIC
CAP WHICH READS CARTER & BURGESS"
CALCULATED POINT
RIGHT-OF-WAY
PUBLIC UTILITY EASEMENT
EASEMENT
POINT OF COMMENCING
POINT OF BEGINNING
OFFICIAL RECORDS OF WILLMMSON COUNTY TEXAS
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
DEED RECORDS OF WILLIAMSON COUNTY, TD(AS
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
SYCAMORE TRAIL, LTD.
1.45 ACRES
DOC. 110. 2003021573
6v 741
32 0 -0 36 IY
� IY 36S
i
I
SYCAMORE TRAIL, LTD_
TRACT it
23.217 ACRES
DOC. NO. 2001007249
0.P_R.W.0 T.
APPROOXI TE E ERUNE
(I1 73.
Sjb
R:•
33.61 ACRES
CONTINENTAL HOMES OF TEXAS, LP.
DOC. NO. 2000065504
0.P.R.W.C.T.
SKETCH TO ACCOMPANY FIELD NOTES OF 8.381 ACRES OM OF TBE P.A.
/FOLDER SURVEY NO. 9, ABSTRACT N0. 297 IN WILLL MSON COUNTY, TEXAS.
AND BEM A PORTION O7 A REMAINDER OF A 151.37 AC. TRACT OF LAND
ANVEYED TO CONTINENTAL HOES OF TELAE, LP. BY INSTRUMENT
RD IN DOC. NO. 2000088004; A PORTION OF A RENAMES O33.61OF
AC.
TRACT OF LAND CONVEYED TO CONTINENTAL HOMES OF TERAS, L.P. BY
.ThISTRAt7 OF
TRIMNT OF RECORD IN. DOC. NO. 200005550A; .A PORTION OF .9.498 AC.
RECORD IIIb ND CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTRUn(p OF
OC. NO. 2004035683; A PORTION OF .A 6.83 AC. TRACT OF LND
CONVEYED 70 "SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOC. NO.
2003107974 AND A PORTION OF A 28.11 AC. TRACT OF LAND CONVEYED TO
SYCAMORE Thine LTD. BY INSTRUMENT OF RECORD IN DOC. NO. 2001007249,
ALL OF TRE OFFICIAL PUBLIC RECORDS OF 1TILuAMSON COUNTY. T1:LA5
I3
SCALE IN FEET
100 50 0
P: O. C.
SOUTH CREEK
SECTION TWO
CAB. F, SUDE 266
P.R.W.C.T.
LOT 4
100
\�
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSTIN, TEXAS 78754
OFFICE 512.374.9722 FAX 512.873.9743
ron—bosdincaous{ioar cqn
Fite: Pro •. ets Turtle Creek 2A\D .Wok) •• £smtl CJA
Checked Dy JR Drown By.
SHEET
05 of 09
•
0
..1N,, SYCAMORE TRAIL, LTD.
' F` TRACT I
26.11 ACRES
DOC. N0. 2001007249
d' 0.P.R.W.C.T.
\ ;!
6
7
2.
St
33.61 ACRES' t 4'
CONTINENTAL HOMES OF TEXAS, LP.
DOC. 140. 2000065504
0.P.R.W.C.T.
r
0
SEE SHEET 5 FOR LEGEND
SEE SHEET 9 FOR LINE TABLE
SYCAMORE TRAIL, LTD.
TRACT I
26.11 ACRES
DOC. NO. 2001007249
APPROXIMATE CENTERLINE 'P.R W.c.T.
OF LAKE CREEK
100
(22
60.00 RT.
6, STA: 526+54.63
`6.- 60.00 LT.
g, \98-
�67ST
9
29.43'03"W
37.71'
//N
N
! r
7,7 PROPOSED 'N
TURTLE CREEK VILLAGE
N. PHASS` ,TYPO • SECTION
N,Imo\\ 20NY.
� � ��/
r
SKETCH TO ACCOMPANY FIELD NOTES OF 8:381 ACRES OUT OF THEP.A.
HOLDER SURVEY NO. 9, ABSTRACT NO. 297 IN IIIILLUISON COUNTY. TECHS,
'ND BEING A PORTION OF A REMAINDER OF A 151.37 AC. TRACT OF LAND
(RIVETED TO CONTINENTAL HOMES OF TEXAS, L.P. BY INSTRUMENT OF
i, RD IN DOC. NO. 2000088004: A PORTION OF A REMAINDER OF .4 33.81 AC.
TRACT OF LAND CONVEYED TO CONTINENTAL HOMES OF TEXAS, LP. BY
INSTRUMENT OF RECORD .D DOC. NO. 2000085504; A PORTION. OF 9.498 AC.
TRACT OF LAND CONVEYED TO SYCAMORE TRAII,, LTD. BY INSTRUMENT OP
=RECORD IN DOC. NO. 2004035883; A PORTION OF • 8.83 AC. TRACT OF LAND
CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOC. NO.
2003107974 AND A PORTION OFA 28.11 AC. TRACT OF LAND CONVEYED TO
SYCAMORE fig. LTD. BY INSTRUMENT OF RECORD IN DOC. N0. 2001007249,
ALL OF THE OFFICIAL PUBLIC RECORDS OF WILTIA)LSON COUNTY, TEXAS.
9 7
9
33.61 ACRES
CONTINENTAL HOMES OF TEXAS. L.P.
DOC. N0. 2000065504
File:
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSTIN, TEXAS 78754
OFFICE 512374.9722 FAX 512873.874.3
ron--boselineooust in.rr. com
\Projects\Turtle Creek\Ph 2A\Dwg\Droinoge Esmt1 CJA
Job No. j Snopshot:
Seale (Nock 1'+•100'[Scots (Ver.
Dole: 01/27/05 !Checked By. JSL Drown By. RLW
SHEET
06 of 09
141.69 ACRES
(151.37 Ac.)
CONTINENTAL HOMES OF IF7(AS, LP.
COC. NO. 2000066004
SCALE IN FEET
r
100 50 0
SEE SHEET 5 FOR LEGEND
SEE SHEET 9 FOR UNE TABLE
1
J SYCAMORE TRAIL, LTD.
<4.` TRACT I
26.11 ACRES
DOC. NO. 2001007249
0.P.R.W.C.T.
1
t
I
1
I
N7631'23"E
165.00
SYCAMORE TRAIL, LTD.
6.83 ACRES
DOC. NO. 2003107974
0.P.R.W.C.T.
•
SYCAMORE TRAIL, LTD_
TRACTI
1 26.11 ACRES
DOC. 140. 2001007249
S 0.P.R.W.C.T.
s�3�
S9„
�1
COI
I— I—
LU'.L,J
WI 14
V) V)
waw
ZIZ
UIU
<14
I— j E—
100
10 f
/
PROPOSED
rT1pT
.:.f RTLE CREEK V T�T.AGE
PHASE E TWO(EC moo. ' r-,
j 1,
tir
I -y
33.61 ACRES `357•
CONTINENTAL HOMES OF TEXAS, L.P.
DOC. N0. 2000065504
0.P.R.W.C.T.
1
�S
SKETCH TO ACCOMPANY MID NOTES OF 8.361 ACRES OUT OF THE p...
HOLDER SURVEY' NO. 9. ABSTRACT N0. 297 IN WI1.LLAMSON COUNTY, TEXAS.
+ND BEING A PORTION OF A REMAINDER OF A 151.37 AC. nticr OF LAND
:ONVEYED TO CONTINENTAL HO]IES OF =AS. L.P. BY INSTRUMENTOF
./RD IH DOC. NO. 2000066004; 1 PORTION OF A REMAINDER OF A 33.61 AC.
TRACI' OF LAND CONVEYED TO CON77NENTAL HODS OF TELLS. L.P. EY
INSTRUMENT .OF RECORD IN DOC. NO..2000065504; A PORTION OF 9.498 AC.
TRACT OF LAND CONVEYED TO SYCAMORE TRAIL, LTD. BY INSTRUMENT OF
RECORD IN DOC. NO. 2004035683; A PORTION OF A 6.83 AC. TRACT OF LAND
CONVEYED TO SYCAMORE TRAIL. LTD. BY INSTRUMENT OF RECORD IN DOC. NO.
2003107974 AND A PORTION OF A 26.11 LC. TRACT OF LAND CONVEYEDTO
SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOC. NO. 2001007249.
ALL OF THE OFFICIAL PUBLIC RECORDS OF
1►IId1AilSON COUNTY, TEXAS
F'e: Pro- cts Turtle Creek Ph 2A Dr. Draino.e t:smtl GJA
Job No. Snapshot
Scole Hof 1 100 Scale Vert.:
Checked By JSL
Z Z
_I 1Z (D
=w zE--
F—T�U
(nI Q
/ j I
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8333 CROSS PARK DRIVE
AUSTIN. TEXAS 78754
OF77CE: 512.374.9722 FAX: 512.873.9743
ron—beselineCbus{in.rr cam
Dote: 01/27/03
Drown 8y- RLW
SHEET
07 of 09
SCALE IN FEET
Cz
100 50
•
0
SEE SHEET 5 FOR LEGEND
100
SYCAMORE TRAIL LTD.
6.591 ACRES
DOC. NO. 2001007251
0.P.R.W.C.T.
LINE
L1
L2
L3
L4
L5
'L6
L7
L8
L9
L10
L12
L13
Li 4
L15
L16
L17
L18
619
L20
L21
122
123
LINE TABLE
BEARING
N71'04'31 "W
N42'05'21 "W
N65'01 '08"W
N.73' 15'29 "W
S76'24'43"W
'S46'45'59"W
S24'51'49"W .
S 14'28' 13"W
S52'57'27"W
S60'29'35"W
S49'30'.08."W.. ;
S29'06'35"W
S45'00'00"W
S24'20'28"W
S75'57'52"W
N1719'55"E
N32'00'28"W
N38'20' 13"W
-N23'-56=23 .
N86 23'42"E
1411'07'38"E
S78701 '34"E
S29'43'03 "W
LENGTH
74.00'
83.55'
97.08'
64.22'
108.54'
'80:29'
45.19'
16.01'
33.20'
104.56'
5:0.:.08'
50.36'
53.74'
92.20'
111.59'
57.73'
47.53'
39.42'
1.8:45'
7.96'
55.00'
80.00'
51.83'
L20
i
t'g 9
9
SYCAMORE TRAIL. LTD.
9.498 ACRES
DOC. NO. 2004035683
0.P.R.W.C.T.
'4
SKETCH TO ACCOMPANY =ULM= ,NOTES OF 8.381 ACRES OUT OF THE P.A.
OLDER
SURVEY VEY NO. 9, ABSTRACT NO 297 IN TIILTAILSON COUNTY
1
i
141.69 ACRES
(15137 Ac.)
CONTINENTAL HOMES OF TEXAS, LP.
DOC. NO. 2000066004
0.P.R.W.C.T.
COUNTY OF WILLIAMSON, ET AL.
7.066 ACRES
DOC. NO. 2000052765
0.P.R.W.C.T.
ND BEING A PORTION OF A REMAINDER OF A 151.37 AC. TRACT OF LAND1.13 DT O ENTAL
33.81 FWVEYQCO2000088p04• HOMESPORTION A REMAINDER OFA AC.
TRACT OF LAND ;CONVEYED TO CONTINENTAL HOMES OF =AS, L.P. BY
INSTRUMENT OF RECORD IN DOC. NO. 2000085504; .A PORTION OF 9.498 AC.
RETCORD IN DOC. NO. 2004035883; PORTIONCT OF LA.ND CONVEYED TO SYCAMORE OOPJ� A 8883 AC. TRACT OF
LAND
:ONVEYED TO SYCAMORE TRAIL. LTD. BY INSTRUMENT OF RECORD Di DOC. N0.
2003107974 AND A PORTION OF A 28.11 AC. TRACT OF LAND CONVEYED TO
SYCAMORE TRAIL, LTD. BY INSTRUMENT OF RECORD IN DOC. N0. 2001.007249,
ALL OF THE OFFICIAL, PUBLIC RECORDS OF ti1IILIAMSON COUNTY, TEXAS.
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVE17NG SERVICES
8333 CROSS PARK DRIVE
AUSTIN. TEXAS 78754
OFFICE 512374.9722 FAX 512-873.9743
ron—bcseline0oustin.m corn
File: \Projects\Turtle Crcek\Pb 2A\Dwg\Droinoge Escott GJA
Job No.Is,�sl,or SHEET
Seole (Hor.k 1"..100 Scole (Vert):
Dole: 01/27/05 !Checked By. JSL rown By. RLW
09 of 09
R -06-08-10-10E2
Conservation Easement by Continental Homes of Texas, L.P. & Sycamore Trail, Ltd.
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2007047060
06/05/2007 03:55 PM
SURRATT $200.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS