R-2016-3620 - 7/14/2016RESOLUTION NO. R-2016-3620
WHEREAS, the City of Round Rock, Texas (the "City") is a participating and founding
member of the Brushy Creek Regional Utility Authority, Inc. (the "BCRUA"); and
WHEREAS, the BCRUA has previously determined the necessity to acquire a parcel of land
owned by Gary L. Gross and Cathy L. Gross, situated in Travis County, Texas containing 5.217 acres
("Property"), for a permanent raw water intake facility and related appurtenances; and
WHEREAS, the City of Leander, on behalf of the BCRUA, filed a petition for condemnation
to acquire the Property; and
WHEREAS, on March 11, 2016, the City of Leander and Gary and Cathy Gross reached a
mediated settlement agreement ("MSA") for final resolution of the condemnation case, attached as
Exhibit "B" to the Agreed Final Judgment; and
WHEREAS, on March 23, 2016, the BCRUA approved a resolution for the MSA and on
April 14, 2016, the City of Round Rock approved a resolution for the MSA; and
WHEREAS, an Agreed Final Judgment in Cause No. C -1 -CV -14-007201 is now ordered,
adjudged, and decreed that the fee simple title to the Property is hereby decreed and vested in the
City of Leander, on behalf of the BCRUA; and
WHEREAS, the City Council wishes to approve and authorize the BCRUA to execute the
Agreed Final Judgment; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Council hereby approves and authorizes the BCRUA to execute the Agreed Final
Judgment, a copy of said Judgment 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
0112.1604;00360081
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 Goveim-nent Code, as amended.
RESOLVED this 14th day of July, 2016.
ATTEST:
so�• Rft�
SARA L. WHITE, City Clerk
1)
ALAN MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
„A»
CAUSE NO. C -1 -CV -14-007201
CITY OF LEANDER, TEXAS § PROCEEDING IN EMINENT DOMAIN
Plaintiff §
V. § IN THE COUNTY COURT AT LAW NO. 2
GARY L. GROSS and CATHY L. GROSS §
Defendants § TRAVIS COUNTY, TEXAS
AGREED FINAL JUDGMENT
BE IT REMEMBERED, that on the day of , 2016, came on to be
heard the above -entitled and numbered cause and came Plaintiff, City of Leander, Texas and
Defendants, spouses Gary L. Gross and Cathy L. Gross (both referred to jointly hereafter as
"Gross"), and announced ready for trial. All other parties, having been duly served with notice, did not
appear.
I.
Prior to commencement of trial of this cause, Gross admitted and stipulated in open Court that
the Plaintiff, City of Leander and Gross had reached a settlement of this cause in connection with the
condemnation of the hereinafter -described tract of land; and that, for purposes of settlement of this
cause, this Court has jurisdiction of all such issues and this cause of action.
II.
From the papers heretofore filed in this cause, the evidence introduced upon the trial of
this cause, and the agreements and stipulations made by the parties upon the trial of this cause,
the Court finds:
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(1) That under and by its Original Petition in Condemnation filed in Probate Court
No. 1 of Travis County, Texas, on the 315 day of July, 2014, Plaintiff City of Leander sought
and prayed for the fee simple acquisition of the tract of land described in Exhibit "A," for the
public use of excavating for, laying, constructing, operating, maintaining, replacing, removing,
upgrading, and repairing a permanent raw water intake facility and related appurtenances,
including but not limited to a subsurface tunnel, maintenance building, electrical lines and
communication lines, and further for the use of any and all excavated materials from the taken
property through condemnation of the following described tracts of land located in Travis
County, Texas, to wit:
That certain parcel of land situated in Travis County, Texas containing 5.217
acres, more or less, and being specifically described by metes and bounds and
sketch in Exhibit "A," attached hereto and incorporated for all purposes.
Provided, however, there is excluded from said estate to be condemned, all the oil, gas, minerals,
and groundwater rights which can be removed from beneath said tract of land without any right
whatever remaining to the owner, his heirs, assigns or successors in interest of such oil, gas,
minerals, and groundwater, of rights of ingress to or egress from the surface of said tract of land
for the purpose of exploring, developing, drilling or mining of the same;
(2) That pursuant to said Original Petition for Condemnation, said Judge appointed
three disinterested freeholders who reside in Travis County, Texas, as Special Commissioners,
who subsequently met, took their oaths of office, set a date of hearing before said
Commissioners, and caused notice thereof to be duly served, as prescribed by law, and that said
Special Commissioners duly held said hearing;
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(3) That upon said hearing Plaintiff the City of Leander and Defendants Gross
appeared. That after such hearing, said Special Commissioners made and rendered their decision
and Award in writing, and filed said Award with the Judge of this Court on October 1, 2014;
(4) That by said written Award, said Special Commissioners jointly awarded to all
Defendants herein, for the fee simple interest in the property described in Exhibit "A" the total
sum of ONE MILLION SEVEN HUNDRED TWENTY-FOUR THOUSAND SIX
HUNDRED TWENTY AND NO/100s DOLLARS ($1,724,620.00); and
(5) That Gross duly and timely fled an objection and exception to such Award of
said Special Commissioners.
The parties the City of Leander and Gross have announced to the Court they have
reached through mediation a settlement agreement ("MSA"), a full copy of which is attached as
Exhibit `B" and incorporated herewith by reference as if fully set out. The parties have
previously jointly agreed pursuant to the MSA that Gross shall have and recover from the City
of Leander the total sum of TWO MILLION FIVE HUNDRED SIXTY-FIVE THOUSAND
DOLLARS AND NO/100s DOLLARS ($2,565,000.00), inclusive of claims for pre judgment
and post judgment interest, if any, representing the total amount of monetary compensation to
which the Defendants are all jointly entitled by virtue of the condemnation of said property and
compensable damages to Defendants' remaining properties; and
That Gross agreed to settle this cause based on the promises and representations made by
the City of Leander in the MSA and Gross's agreement to this judgment is conditioned upon
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the City of Leander's fulfillment of the promises and representations made in the MSA; that the
parties, therefore, recognize and agree that Gross shall receive certain other non -monetary
compensation detailed within the MSA as additional compensation for this condemnation; and
That the City of Leander has previously paid ONE MILLION SEVEN HUNDRED
TWENTY-FOUR THOUSAND SIX HUNDRED TWENTY AND NO/100s DOLLARS
($1,724,620.00) into the registry of the Court; and
That upon the City of Leander's payment to Defendants of the differential between the
Special Commissioners' Award and the agreed MSA settlement amount, which difference totals
EIGHT HUNDRED FORTY THOUSAND THREE HUNDRED EIGHTY AND NO/100s
DOLLARS ($840,380.00), the City of Leander shall stand fully discharged of its constitutional
obligation to pay Defendants all sures due as a result of this taking.
IV.
Based upon the agreement of the parties as to total monetary and non -monetary
compensation due for this condemnation, and the evidence and arguments submitted, upon due
consideration the Court finds and determines the following:
(1) That all proceedings necessary to vest this Court with jurisdiction of the subject
matter and the parties of this cause have been instituted, maintained and complied with as
required by law,
(2) That Gross hereby stipulates and admits that for purposes of settlement and in
connection with this cause only the Court has jurisdiction over this matter and that, therefore,
this Court has jurisdiction of the parties hereto and of the subject matter set forth in this case;
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(3) That the Defendants were the owners in fee simple of the property described in
Exhibit "A" on the date of taking, and that together with the other named Defendants owned one
hundred percent (100%) of the property rights in and to the fee simple taking tract described in
Exhibit "A" and that the City of Leander, as Plaintiff, is condemning and the City of Leander
is acquiring under and by virtue of these condemnation proceedings, the fee simple title in and to
the tract of land described in Exhibit "A" and that the City of Leander is authorized to acquire
said property;
(4) That from the pleadings, evidence and the agreement of the parties, the
Defendants should all jointly have and recover of and from the Plaintiff, City of Leander, the
total monetary sum and amount of TWO MILLION FIVE HUNDRED SIXTY-FIVE
THOUSAND DOLLARS AND NO/100 DOLLARS ($2,565,000.00), inclusive of interest on
the Award/Settlement differential, together with the non -monetary items set out below, as
compensation for said property condemned and taken;
(5) That the City of Leander, in turn, should have and recover from all of the
Defendants the fee simple title in and to the tracts of land described in Exhibit "A;"
(6) That the Plaintiff, City of Leander, has already paid the sum of ONE
MILLION SEVEN HUNDRED TWENTY-FOUR THOUSAND SIX HUNDRED
TWENTY AND NO/100s DOLLARS ($1,724,620.00) and said amount has been deposited
with the Clerk of this Court with City of Leander check number 060264 in the amount
described above on the 10"' day of March, 2015.
(7) That upon payment to Defendants of the additional mutually -agreed amount of
EIGHT HUNDRED FORTY THOUSAND THREE HUNDRED EIGHTY AND NO/100s
5
DOLLARS ($840,380.00) the City of Leander shall stand discharged of its constitutional
obligation to pay just and adequate compensation for this taking; and
(8) That all costs of Court incurred herein should be taxed against the Plaintiff, City
of Leander, which costs shall be paid only to the County Clerk of Travis County, Texas.
0
It is therefore ORDERED, ADJUDGED, AND DECREED that the City of Leander
does have and recover of and from all Defendants the fee simple title in and to the tract of land
described in Exhibit "A," save and except the subsurface minerals beneath said land, without
any right whatsoever remaining in Defendants to enter onto the surface of said land to remove
any minerals, and that the Defendants have and are jointly entitled to judgment from the City of
Leander in the total sum of TWO MILLION FIVE HUNDRED SIXTY-FIVE THOUSAND
AND NO/100s DOLLARS ($2,565,000.00), inclusive of both the already -paid Special
Commissioners Award and any interest on the Award/Settlement differential, and that the City
of Leander must also provide the non -monetary items set out above and as specified in the
MSA, all as just and adequate compensation for all interests in said property herein acquired in
fee simple.
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VI.
It is further ORDERED, ADJUDGED, AND DECREED that the fee simple title in and
to the tracts of land described in Exhibit "A" is hereby decreed to and vested in the City of
Leander; provided, however, there is excluded from said estate vested in the City of Leander
all the oil, gas, minerals, and groundwater rights which can be removed from beneath said land
aforesaid without any right whatsoever remaining to the owner, his heirs, assigns, or successors
in interest of such oil, gas, minerals, groundwater and rights of ingress to or egress from the
surface of said land for the purpose of exploring, drilling, developing or mining of the same.
VII.
It is further ORDERED, ADJUDGED and DECREED by the Court that all costs of this
proceeding be and they are hereby taxed against Plaintiff, the City of Leander, which costs shall
be paid only to the County Clerk of Travis County, Texas.
SIGNED this the day of 12016.
JUDGE PRESIDING
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APPROVED AS TO SUBSTANCE AND FORM:
KENT A. SICK
State Bar No. 18339300
LAW OFFICES OF KENT ALAN SICK
4611 Bee Caves Road, Suite 110
Austin, Texas 78746
Telephone: (512) 472-8022
Facsimile: (888) 774-1322
Email: kentRkentsick.com
PAIGE H. SAENZ
State Bar No. 24026513
KNIGHT & PARTNERS
223 West Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Facsimile: (5 12) 323-5773
Email: paigea,cityattornevtexas.com
ATTORNEYS FOR PLAINTIFF
CITY OF LEANDER
CHRISTOPHER J. ODDO
State Bar No. 24013257
BARRON & ADLER, L.L.P.
808 Nueces Street
Austin, Texas 78701
Telephone: (512) 474-4995
Facsimile: (512) 478-6022
Email: oddo_ndbarronadler.com
COUNSEL FOR DEFENDANTS
GARY L. GROSS AND SPOUSE, CATHY L. GROSS
METES AND BOUNDS DESCRIPTION
OF A
5.217 ACRE TRACT OF LAND
SITUATED IN THE JOHN STEWART SURVEY NO. 551
AND THE ROBERT FOSTER SURVEY NO. 31,
TRAVIS COUNTY, TEXAS
BEING A 5.217 ACRE (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN
STEWART SURVEY NO. 551 AND THE ROBERT FOSTER SURVEY NO. 31, TRAVIS COUNTY,
TEXAS; SAID 5.217 ACRE TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF
TRACT 2 (CALLED 1.069 ACRES) AND A PORTION OF TRACT 3 (CALLED 10.068 ACRES) WITH
ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L. GROSS AND WIFE,
CATHY L. GROSS, AS RECORDED IN VOLUME 11546, PAGE 1498 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.), AND ALSO BEING A PORTION OF THAT
CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY
DEED TO GARY L. GROSS AND WIFE, CATHY L. GROSS, AS RECORDED IN VOLUME 12817,
PAGE 1043, R.P.R.T.C.T.; SAID 5.217 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the northernmost comer of the herein described tract and
said Tract 2, same being the easternmost corner of Lot 1, Lake Travis Subdivision No. 6, recorded in
Volume 4, Page 157 of the Plat Records of Travis County, Texas (P.R.T.C.T.), and also being on the
westerly right-of-way (R.O.W.) line of Bernard Street (having a width of 50 feet at this location), and being
located at Texas State Plane Coordinate grid position N=10,135,754.8226 and 1~-3,057,450.2885;
THENCE, South 28 degrees 30 minutes 50 seconds West, with the common westerly R.O.W, line of said
Bernard Street and the easterly line of said Tract 2, same being the easterly line of said Lot 1, a distance of
104.96 feet to a 1/2 -inch iron rod found for a corner of the herein described tract and marking the
northernmost corner of said Tract 1, same being the northernmost corner of Lot 12, Lake Travis
Subdivision No. 2, recorded in Volume 4, Pages 82-83, P.R.T.C.T., said point also marking the intersection
of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of Jackson Street
(having a width of 50 feet at this location);
THENCE, South 33 degrees 24 minutes 12 seconds East, with the common southwesterly R.O.W. line of
said Jackson Street and the northeasterly line of said Tract 1, same being the northeasterly line of said Lot
12, a distance of 170.19 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for
a corner of the herein described tract;
THENCE, South 51 degrees 48 minutes 33 seconds West, departing the southwesterly R.O.W. line of said
Jackson Street, traveling partway across the interior of said Tract 1, same being said Lot 12, partway across
the interior of said Tract 3, same being said 10.068 acre tract, and partway across the interior of said 5.163
acre tract, a distance of 910.86 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group"
set for the southernmost corner of the herein described tract and being on the southwesterly line of said
5.163 acre tract;
Page 1 of 2
81-b.g N.. 5118
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Description of a 5.217 acre tract (continued)
THENCE, with the southwesterly line of said 5.163 acre tract, the following three (3) courses and distances:
1) North 09 degrees 54 minutes 18 seconds West, a distance of 53.10 feet to a 1/2 -inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
2) North 33 degrees 22 minutes 57 seconds West, a distance of 70.89 feet to a 1/2 -inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
3) North 15 degrees 24 minutes 59 seconds West, a distance of 189.50 feet to a 1/2 -inch iron rod
found for the westernmost corner of said 5.163 acre tract and the herein described tract, same
marking the southernmost corner of that certain called 2.763 acre tract of land described in a
Special Warranty Deed to Jean 1. Ringer, as recorded in Volume 13203, Page 148, R.P.R.T.C.T.;
THENCE, with the common northwesterly line of said 5.163 acre tract and the southeasterly line of said
2.763 acre tract, the following two (2) courses and distances:
1) North 56 degrees 56 minutes 36 seconds East, a distance of 98.46 feet to a 1/2 -inch iron rod found
for a corner of the herein described tract;
2) North 56 degrees 49 minutes 43 seconds East, a distance of 428.18 feet to a 1/2 -inch iron rod found
for a corner of the herein described tract, said point marking the common northernmost corner of
said 5.163 acre tract, the easternmost corner of said 2.763 acre tract, and the westernmost comer of
said 1.069 acre tract;
THENCE, North 56 degrees 52 minutes 06 seconds East, with the northwesterly line of said 1.069 acre
tract, and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF
BEGETQNG and containing 5.217 acres (227,259 square feet) of land, more or less, based on the survey
and drawing made by The Wallace Group, Inc., Round Rock, Texas in July of 2013.
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
Page 2 of 2
'e OF
a'sN
.DANIEL M. FLAHERTY
.............................
Daniel M. Flaherty, R. .L.S. No. 5004
< 5004 P: Q
The Wallace Group, Inc.
9ij;.°FFSs�o?' O
One Chisholm Trail, Suite 130
SUR`l��
Round Rock, Texas 78681
Ph. (512) 248-0065
22951-FN05.doc
07-29-2013
Date
Page 2 of 2
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0lum4arg No 5110
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CAUSE NO. C -1 -CV -14-007201
THE CITY OF LEANDER IN THE COUNTY COURT AT LAW
V. NO.2
GARY L. GROSS and
CATHY GROSS, et al. TRAVIS COUNTY, TEXAS
MEDIATED SETTLEMENT AGREEMENT
As a result of mediation conducted on March 11, 2016, the City of Leander (Leander)
and Gary L. Gross and Cathy Gross (together referred to as Gross) agree to resolve all issues in
dispute between them in the above styled and numbered cause on the following terms and
conditions:
1. Leander agrees to pay Gross the total sum of $2,565,000.00 in complete settlement of any
and all claims which have been made or which could have been made in this litigation or
as a result of the events giving rise to this litigation, including but not limited to the value
of the part taken, damages to the remainder, and all other costs and expenses.
2. Payment shall be in the form or a check or checks made payable to "Barron & Adler,
Trustees" and delivered to the office of Gross' undersigned attorney within 45 days of the
date the judgment described in paragraph 5 below is signed by the court and filed. Barron
& Adler will distribute the funds to the appropriate parties.
3. The Commissioners' Award of $1,724,620.00 has been placed in the registry of the
Court, but has not been withdrawn by Gross. Gross may now withdraw those funds. That
amount shall .be credited against the $2,565,000.00 described in paragraph 1 above and
shall reduce the amount of the check(s) described in paragraph 2 above by that amount.
4. The covenants, conditions and restrictions (CCR) attached hereto as Exhibit A shall
likewise be attached to and incorporated in the judgment described in paragraph 5 below.
5. An agreed judgment reflecting the terms of this agreement, including the CCR referred to
in paragraph 4, shall be prepared by the attorney for Leander and delivered to the attorney
for Gross for approval as to form, which approval will not be unreasonably withheld.
Once approved, the agreed judgment will be presented to the Court for approval,
signature, and filing at a hearing on the parties' joint motion for entry of judgment for
which all parties named in the petition will be given proper notice.
BElf-b rp N., 5118
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6. Gross shall be solely responsible for paying all other persons or entities who have been
served with citation and who claim an interest in the subject property.
7. The Grosses water line on the property being taken will be moved at Leander or its
assign's expense to another suitable location.
Leander agrees to support the Gross' request for the BCRUA to execute a letter
agreement in which the BCRUA and its successors and assigns agree to not seek to
enforce the 1,000 foot restricted zone in 30 Tex. Admin. Code s. 290.41(e)(2)(B) so as to
preclude Gross or its successors and assigns from installing a residential boat dock
on their remainder property accessible by the public.
9. This agreement may be filed as a Rule 1 l agreement.
10. The parties acknowledge that this agreement is subject to the approval of the Leander
City Council.
Signed this 11`s day of March, 2016.
0 stopher J. Oddo, Attorney for
Gary L. Gross and Cathy Gross
WaypeWatts, Authorized Representative
City of ander
Went Alan Sick, Attorney for
City of Leander
i"�ff-tAh11t511
STATE OF TEXAS §
COUNTY OF TRAVIS §
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIQNS
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made
and entered into as of the day of , 2016, by and between the
City of Leander ("City") and Gary L. Gross and Cathy L. Gross ("Gross"),
RECITALS
A. Gross is the owner of that 5.217 acre tract of land located in Travis County,
Texas, and more particularly described in Exhibit A attached hereto (the "5.2 Acres");
B. In an effort to settle the condemnation case styled City of Leander vs. Gary L.
Gross and Cathy L. Gross, Cause No. C -1 -CV -14-007201, pending in the Probate Court of
Travis County, Texas, Gross has agreed to sell and the City has agreed to purchase the 5.2 Acres,
provided that the City agrees that the herein described covenants, conditions and restrictions
shall apply to the 5.2 Acres and shall be deemed covenants running with the land and shall be
binding on the City and its successors and assigns;
C. The 5.2 Acres is out of a 21.911 acre tract of land owned by Gross and after Gross
conveys the 5.2 Acres to the City, Gross will own the 16.562 acres that is immediately adjacent
to the 5.2 Acres. The 16.562 acres is described in Exhibit B attached hereto (the "16.6 Acres");
D. The City acknowledges and agrees that Gross would not have conveyed the 5.2
Acres to the City without the City's agreement to this Declaration and that the herein described
covenants, conditions and restrictions shall apply to the 5.2 Acres.
RESTRICTIONS
Now, therefore for a good and valuable consideration received by each of the
undersigned, the receipt and sufficiency of which are hereby acknowledged, the City and Gross
hereby covenant and agree that the 5.2 Acres shall be subject to the following covenants,
conditions and restrictions:
/n5/�EXHIBIT
2—
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1. LAND ABOVE THE 722 CONTOUR.
1.1 That portion of the 5.2 Acres located on or above the 722 -foot Mean Sea
Level Contour (herein called the "Land Above the 722 Contour") shall be used only for
the following purposes and for no other purposes:
(a) The construction, operation, maintenance, repair, upgrade, and/or
replacement of a single above -ground maintenance facility and
necessary appurtenances thereto, that meets the requirements set out
below in Paragraph 1.2 and 1.4 (the "Maintenance Facility");
(b) Parking and access drives necessary for the Maintenance Facility and
access to the deep water intake facility (the "Deep Water Intake") to be
constructed adjacent to the 5.2 acres;
(c) Temporary use for construction staging, storage, and uses incident to
the City's (or its assigns') establishment of both the Maintenance
Facility and the Deep Water Intake; notwithstanding anything herein
to the contrary, it is agreed that all temporary materials and equipment
of any kind placed on the 5.2 Acres during construction of the
Maintenance Facility, the Deep Water Intake or other improvements
permitted by this Declaration shall be removed by the City (or its
assign) from the 5.2 Acres within 90 days after completion of such
construction;
(d) A ground water well or wells, or other water intake facility not to
exceed fifty gallons per minute (50 GPM) and attendant pump to
supply water to the Maintenance Facility solely for operational
purposes, including facilitation of supply of pollutant controls to the
Deep Water Intake and landscape irrigation if necessary;
(e) Emplacement of underground pipelines to transport water for
operational purposes associated with distribution of pollutant control
materials to the Deep Water Intake to be constructed adjacent to the
5.2 acres;
(f) Emplacement of underground electrical lines and/or aboveground
transformers to facilitate operation of the Maintenance Facility, and
also electrical and communication lines between the Maintenance
Facility and the Deep Water Intake;
(g) Emplacement of security measures such as access control systems,
cameras, and reasonable and necessary appurtenances thereto; and
(f) A fence that encloses the Maintenance Facility and meets the
2
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requirements set out below in paragraph 1.3 and 1.4 (the "Upper
Fence").
No other use of any kind shall be permitted on the Land Above the 722 Contour.
1.2 The Maintenance Facility building, which the City shall have the future right
to expand if necessary, shall in no event ever exceed 3000 aggregate square feet in size
exclusive of parking and access areas, whether as originally constructed or in the future
expanded, and shall not exceed thirty-five (35) feet in height above the surface of the
ground. It is agreed that the Maintenance Facility may have a single antenna, provided
the antenna does not exceed thirty-five (35) feet in height above the surface of the
ground. The outside walls of the Maintenance Facility shall be constructed entirely of
brick, stone, EiFS, or similar material, with the exception of windows and doors, and its
roof shall be constructed of tile, composition shingles, or non -reflective standing seam
metal roof panels. No tin or shiny metal roof is permitted on the Maintenance Facility
although a seamless colored metal roof is permitted. The Maintenance Facility shall be
kept in a clean and well-maintained condition at all times at the expense of the owner or
owners of the 5.2 Acres.
1.3 The Upper Fence shall not exceed 8 feet in height. If any outside feature of the
Maintenance Facility has an industrial appearance, makes noise, or emits light, then the
Upper Fence must be constructed of stone, brick, stucco, wood, or simulated wood or
stone concrete panels. However, if the outside features of the Maintenance Facility do not
have an industrial appearance, do not make noise, and do not emit light, then the Upper
Fence shall be constructed of barbed wire, hog wire, stone, brick, stucco, wood, or
simulated wood or stone concrete panels. In no event shall the Upper Fence be cyclone
fencing or be made of exposed concrete blocks. The Upper Fence shall be kept in a clean
and well-maintained condition at all times at the expense of the owner or owners of the
5.2 Acres. Section 5.5 of this Declaration is incorporated by reference as if restated
herein with, regards to the Maintenance Building, Upper Fence, or other improvements
established upon the 5.2 Acres.
I.4 The Maintenance Facility shall be set back (a) at least 50 feet from the
common boundary of the 5.2 Acres and the 16.6 Acres (the southern boundary of the 5.2
Acres), and (b) at least 50 feet from the northern and eastern boundaries of the 5.2 Acres.
The entire Maintenance Facility and Upper Fence shall be located on the Land Above the
722 Contour. The Upper Fence shall be set back (a) at least 50 feet from the common
boundary of the 5.2 Acres and the 16.6 Acres (the southern boundary of the 5.2 Acres),
and (b) at least 10 feet from the northern and eastern boundaries of the 5.2 Acres.
IS Lights may be placed only on the Maintenance Facility and the Upper Fence,
however, such lighting shall be limited as follows: all lighting shall contain shields so as
to cast the lighting downward and no lights shall be mounted high on poles to create
widespread nighttime lighting. Except as specifically set out above, no other permanent
outdoor lighting of any kind is permitted on any part of the 5.2 Acres.
3
rl!97- EXHIBIT
4A
�, sa
2.1 There shall be no buildings, structures, roads, lighting or improvements of any
kind located on that portion of the 5.2 Acres located below the 722 -foot Mean Sea Level
Contour (herein called the "Land Below the 722 Contour") except as provided herein.
2.2 The Land Below the 722 Contour shall be used only for the following
purposes and for no other purposes:
(a) The construction, operation, maintenance, repair, upgrade, and/or
replacement of an underground pipeline or pipelines and necessary
appurtenances thereto to convey pollutant control materials and water
solely to facilitate operation of the Deep Water Intake that meet the
requirements set out below in Paragraph 2.3;
(b) The construction, operation, maintenance, repair, upgrade, and/or
replacement of an underground line or lines necessary to provide
electrical and data communication services between the Maintenance
Building and the Deep Water Intake that meet the requirements set out
below in Paragraph 2.3, all facilities emplaced pursuant to Secs 2.2(a) „, SIfB
and (b) being referred to hereafter as "Underground Facilities;" m `
(c) A single concrete or asphalt roadway ("Roadway") extending from the e"
Land Above the 722 Contour for purposes of constructing, accessing, =s _
maintaining, operating, repairing, upgrading, or replacing the Deep
Water Intake or any facilities constructed by the City or its assigns on i
the 5.2 Acres that meets the requirements set out below in Paragraph
2.4;
(d) Temporary use for construction staging, storage, and uses incident to
the City's (or its assigns') establishment of both the Maintenance
Facility and the Deep Water Intake, including clearing of whatever
areas deemed necessary by the City or its assigns for effectuation of
the Deep Water Intake, Maintenance Building, and appurtenances, or
any future need for similar use in the event the Deep Water Intake or
appurtenances thereto installed within the 5.2 Acres require
maintenance, upgrade, repair, or replacement; notwithstanding
anything herein to the contrary, it is agreed that all materials and
equipment of any kind placed on the 5.2 Acres during construction of
the Maintenance Facility, the Deep Water Intake or other
improvements permitted by this Declaration shall be removed by the
City (or its assign) from the 5.2 Acres within 90 days after completion
of such construction;
(e) Emplacement, operation, maintenance, repair, upgrade and
replacement of security improvements for benefit of both the
Maintenance Building and the Deep Water Intake, including but not
4
LA$ 11011 4
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t s
limited to security cameras, electronic monitoring apparatus, and
access control mechanisms, along with reasonable and necessary
appurtenances thereto; and
(f) Fencing surrounding the 5.2 Acres below the 722 Contour (the'lzwer
Fence"), and said fencing shall be constructed of barbed wire or hog
wire; however, in no event shall the Lower Fence be cyclone fencing
or exposed concrete blocks.
2.3 The Underground Facilities shall all be buried at least 1 foot (1') below the
surface of the ground. There shall be no aboveground appurtenances, boxes, facilities or
lights for the Underground Facilities or the Roadway, other than at -grade manholes or
other improvements necessary for construction or ongoing operation, maintenance,
repair, upgrade, or replacement.
2.4 The Roadway shall not exceed 16 feet in width and shall be set back (a) at
least 25 feet from the common boundary of the 5.2 Acres and the 16.6 Acres, and (b) at
least 25 feet from the northwest boundary of the 5.2 Acres. The owner or owners of the
5.2 Acres (a) shall be solely responsible for the cost to construct and maintain the
Underground Facilities and the Roadway, and (b) shall beep the Underground Facilities
and the Roadway in a clean and well-maintained condition at all times.
3. PROHIBITED USES.
No part of the 5.2 Acres shall be used (a) for any public purpose except as specifically set out
herein, or (b) for any recreational or park purposes; or (c) for any water supply reservoirs,
towers, pumping plants or pumping facilities of any kind other than the pumps necessary to
supply freshwater for operation of the Maintenance Facility's purpose of providing pollutant
controls to the Deep Water Intake; or (d) for any uses other than those specifically permitted by
Paragraphs 1 and 2 above.
4. RESIDENTIAL NEIGHBORHOOD.
The City and any subsequent owner of the 5.2 Acres acknowledge and agree that the 5.2 Acres is
located entirely within a residential neighborhood and that the architecture of the Maintenance
Facility, Upper Fence, Lower Fence, Roadway, or appurtenances thereto will all be residential in
character and compatible with other residential uses in the neighborhood.
5. GENERAL.
5.1 The City agrees that covenants, conditions and restrictions contained within
this Declaration are covenants running with the land and shall be binding on the City, its
successors and assigns and any subsequent owner or owners of the 5.2 Acres, for a term
beginning on the date a fully executed counterpart of this Declaration is recorded in the
Official Public Records of Travis County, Texas, and continuing through and including
L -----i
Y7 Lnt RDI t
January 1, 2036, after which time this Declaration shall be automatically extended for six
successive periods of five (5) years each, unless the Declaration is terminated by the
written approval of all the owners of the 5.2 Acres and all the owners of the 16.6 Acres.
5.2 In the event the City, or its successors or assigns, violates any of the
restrictions, covenants, or agreements contained herein, then any owner of all or any part
of the 16.6 Acres may enforce these restrictions by injunctive relief and/or other
applicable legal or equitable remedies.
5.3 It is agreed that the covenants, conditions and restrictions contained herein
shall apply only to the 5.2 Acres and that no covenants, conditions or restrictions are
being placed on the 16.6 Acres.
5.4 This Declaration may be amended only with the express written consent of all
the owners of the 5.2 Acres and all the owners of the 16.6 Acres as evidenced by a
written amendment executed by all the owners of the 5.2 Acres and the 16.6 Acres and
recorded in the Real Property Records of Travis County, Texas.
5.5 It is further agreed that in the event the City or its assigns, through no
solicitation or urging of the City of Cedar Park, the City of Leander, or the City of
Round Rock or their assigns, shall be required by any applicable federal, state or local
Iaw or regulation to add or modify a feature or construct any facility associated with
operation, maintenance, repair, upgrade, or replacement of any facilities constructed upon
the 5.2 Acres that is not substantially similar to the site plan attached hereto as Exhibit C,
such requirement of law shall prevail over these restrictions. However, in no event will
any development restrictions or regulations enacted by the City of Cedar Park, the City of
Leander, or the City of Round Rock prevail over this Declaration.
Executed effective as of the
day of .2016.
The City of under, Texas
By:
Dame:
Tiitle:
Cathy L Gross
Gary L Gross
6
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the
2016, by
Leander, Texas, and on behalf of The City of Leander, Texas.
STATE OF TEXAS §
COUNTY OF TRAVIS §
day of
Notary Public, State of Texas
This instrument was acknowledged before me on the day of
2016, by Cathy L. Gross.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the day of
2016, by Gary L. Gross.
Notary Public, State of Texas
of The City of
qmx, r=xnin11
i
NWTES AND BOUNDS DESCRIPTION
OF A
5.217 ACRE TRACT OF LAND
SITUATED IN THE JOHN STEWART SURVEY NO. 551
.AND THE ROBERT FOSTER SURVEY NO. 31,
TRAVIS COUNTY, TEXAS
BEING A 5.217 ACRE (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN
STEWART SURVEY NO. 551 AND THE ROBERT FOSTER SURVEY NO. 31, TRAVIS COUNTY,
TEXAS; SAID 5.217 ACRE TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF
TRACT 2 (CALLED 1.069 ACRES) AND A PORTION OF TRACT 3 (CALLED 10.068 ACRES) WITH
ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L. GROSS AND WIFE,
CATHY L. GROSS, AS RECORDED IN VOLUME 11546, PAGE 1498 OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.), AND ALSO BEING A PORTION OF THAT
CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY
DEED TO GARY L. GROSS AND WIFE, CATHY L. GROSS, AS RECORDED IN VOLUME 12817,
PAGE 1043, R.P.R.T.C.T.; SAID 5.217 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found for the northernmost corner of the herein described tract and
said Tract 2, same being the easternmost corner of Lot 1, Lake Travis Subdivision No. 6, recorded in
Volume 4, Page 157 of the Plat Records of Travis County, Texas (P.R-T.C.T.), and also being on the
westerly right-of-way (R.O.W.) line of Bernard Street (having a width of 50 feet at this location), and being
located at Texas State Plane Coordinate grid position N=10,135,754.8226 and E=3,057,450.2885;
THENCE, South 28 degrees 30 minutes 50 seconds West, with the common westerly R.O.W. line of said
Bernard Street and the easterly line of said Tract 2, same being the easterly line of said Lot 1, a distance of
104.96 feet to a 1/2 -inch iron rod found for a corner of the herein described tract and marking the
northernmost corner of said Tract 1, same being the northernmost corner of Lot 12, Lake Travis
Subdivision No. 2, recorded in Volume 4, Pages 82-83, P.R.T.C.T., said point also marking the intersection
of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of Jackson Street
(having a width of 50 feet at this location);
THENCE, South 33 degrees 24 minutes 12 seconds East, with the common southwesterly R.O.W. line of
said Jackson Street and the northeasterly line of said Tract 1, same being the northeasterly line of said Lot
12, a distance of 170.19 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for
a corner of the herein described tract;
THENCE, South 51 degrees 48 minutes 33 seconds West, departing the southwesterly R.O.W. line of said
Jackson Street, traveling partway across the interior of said Tract 1, same being said Lot 12, partway across
the interior of said Tract 3, same being said 10.068 acre tract, and partway across the interior of said 5.163
acre tract, a distance of 910.86 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group"
set for the southernmost corner of the herein described tract and being on the southwesterly line of said
5.163 acre tract;
Page 1 of 2
` 6 CCR EXHI�rIT ;± r
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Description of a 5.217 acre tram (continued)
THENCE, with the southwesterly line of said 5.163 acre tract, the following three (3) courses and distances:
1) North 09 degrees 54 minutes 18 seconds West, a distance of 53.10 feet to a 1/2 -inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
2) North 33 degrees 22 minutes 57 seconds West, a distance of 70.89 feet to a I/2 -inch iron rod found
for a corner of said 5.163 acre tract and the herein described tract;
3) North 15 degrees 24 minutes 59 seconds West, a distance of 189.50 feet to a In -inch iron rod
found for the westernmost corner of said 5.163 acre tract and the herein described tract, same
marking the southernmost corner of that certain called 2.763 acre tract of land described in a
#Blomberg No 5119
Special Warranty Deed to Jean I. Ringer, as recorded in Volume 13203, Page 148, R.P.R.T.C.T.;
1(A
THENCE, with the common northwesterly fine of said 5.163 acre tract and the southeasterly line of said
2.763
1 x
acre tract, the following two (2) courses and distances:
z
1) North 56 degrees 56 minutes 36 seconds East, a distance of 98.46 feet to a 1f2 -inch iron rod found
for
_
a corner of the herein described tract;
2) North 56 degrees 49 minutes 43 seconds East, a distance of 428.18 feet to a 1/2 -inch iron rod found
for a comer of the herein described tract, said point marking the common northernmost corner of
said 5.163 acre tract, the easternmost corner of said 2.763 acre tract, and the westernmost corner of
said 1.069 acre tract;
THENCE, North 56 degrees 52 minutes 06 seconds East, with the northwesterly line of said 1,069 acre
tract, and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF
BEGETQNG and containing 5.217 acnes (227,259 square feet) of land, more or less, based on the survey
and drawing made by The Wallace Group, Inc., Round Rock, Texas is July of 2013.
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described hwin
was determined by a survey made on the ground under my direction and supervision.
(4DanielM. Flaherty, R. L.S. No. 5004
The Wallace Group, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
22951-FN05.doc
Page 2 of 2
a 9
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Steven darner Womack, RPLS, PLS, NCEES
National Council of Examiners for Engineering and Surveying #1928
Texas Registered Professional Land Surveyor M25
North Carolina Professional Land SurveyortlL-5043
E -Mail: SWRPLSeGmail.com
(512) 638-0220
METES AND DOIWDS DESCPJPTION
16.562 ACRES OF LAND SITUATED IN THE ROBERT FOSTER SURVEY No. 31 AND THE
JOHN STEWART SURVEY No. 551 IN TRAVIS COUNTY, TEXAS BEING ALL OF LOT 11,
LANE TRAVIS SUBDIVISION No. 2 ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 4, PAGE 82 OF THE PLAT RECORDS OF TRAVIS COUNTY,
TEXAS AND A 1.757 ACRE PORTION OF LOT 12, LAKE TRAVIS SUBDIVISION No. 2
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4, PAGE 82 OF
THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND THE REMAINDER OF A
CALLED 10.068 ACRE TRACT CONVEYED TO GARY AND CATHY GROSS BY
INS'I' UM[ENT OF RECORD IN VOLUME 11546, PAGE 1498 OF THE DEED RECORDS OF
TRAVIS COUNTY, TEXAS AND THE REMAINDER OF A CALLED 5.163 ACRE TRACT
CONVEYED TO GARY AND CATHY GROSS BY INSTRUMENT OF RECORD IN VOLUME
12817, PAGE 1043 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE
ATTACHED SKETCH:
Beginning at an iron rod found at the southwest comer of the intersecting right-of-ways of Jackson Street and Arren Terrace,
being also the northeast comer of the said Lot 11, for the northeast corner and Point of Beginning of the herein described tract;
Thence S 16 deg 44 min 15 see W 511.43 feet to an iron rod found at the southeast corner of the said Lot 11, being also the
northeast corner of the said 10.068 acre tract, for a point on the east line of the herein described tract;
Ileum S 16 deg 45 min 04 sec W 808.91 feet to a point submerged under the waters of Lake Travis on the approx. 670 foot
contour tine, being also on the northeast line of a 53547 acre tract conveyed to Gary and Cathy Gross by instrument of record
in Document No. 2006050569 in the Official Public Records of Travis County, Texas, for the southeast corner of the herein
described tract;
Thence N 18 deg 16 min 56 sec W 448.95 feet to a point submerged under the waters of Lake Travis, being also on the
northeast lint: of the said 53547 acre trace, for a point on the southwest line of the herein described tract;
'Fence N 55 deg 42 min 56 sec W 332.00 feet to a point submerged under the waters of Lake Travis, being also on the
nwtheml tine of the said 53547 acre tract, for a point on the southwest line of the herein described tract;
Thence N 29 deg 01 min 10 sec W 121.48 feet to a point submerged under the waters of Lake Travis, being also at the
northwest coarser of the said 53.547 acre tract, being also the southwest corner of the said 10.068 acre tract and the southeast
comer of the said 5.163 acre tract, for a point on the southwest line of the herein described tract;
Thence N 15 deg 13 min 01 sec W 221.99 feet to a point submerged under the waters of Lake Travis, being also on the
soudywc t line of the said 5.163 acre tract, for a point on the southwest tine of the herein described tract;
Thence lig 69 deg 54 min 18 sec W 91.09 feet to a paint submerged under the waters of Lake Travis, being also on the
southwest line of the said 5.163 acre tract and being the southeast comer of a 3.067 acre tract conveyed to the City of Leander,
fon the southwest corner of the herein described tract;
Ttxeuce N 51 deg 4S min 33 ser E 531.18 feet to a point on the northwest line of the said 10.068 acre tract, being also on the
cast line of the said 5.163 acre tract and being also on the southeast line of the said 3.067 acre tract, for a point on the northwest
litre ofthe &twin desratbed tract;
Page 1 of 2
E Www PROJECTS M -ON Lab 1102 LAcTavis S,d"16-M fickN mdoc:
T!s To= Band cf Pco6==n31 L=d S=Teyn$ shy all Reg�=ml Pmfaman l L=d Slaveyws m Lha Swe ofTvxu
>l Tixy nay be cart=trJ m Widal & S=c 156.121M Pr& 35 Cask Arian Toms 75753,(512) 239 -SM
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Thence N 51 deg 48 min 33 sec E 28.07 feet to a point on the northeast line of the said 10.068 acre tract, being also on the
southwest line of the said Lot 12 and being also on the southeast line of the said 3.067 acre tract, for a point on the northwest
line of the herein described tract;
Thence N 51 deg 48 min 33 sec E 35I.61 feet to an iron rod found at the southeast comer of the said 3,067 acre tract, being
also on the northeast line of the said Lot 12 and being also on the southerly unimproved right-of-way of Jackson Street, for the
northeast corner of the herein described tract;
Thence S 33 deg 24 min 12 sec E 104.32 feet to an iron pipe found at the northwest corner of the said Lot 11, for a point on the
northeast line of the herein described tract;
Thence S 33 deg 24 min 12 sec E 281.75 feet to the Point of &ginning and containing 16.562 acres of land, more or less
26 62d 2016
Leven W. Womack Date
Registered Professional Land Surveyor
No. 5025, State of Texas
-ExWj' I
11 '/)2' t
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Page 2 aF2
E-VerMPROJEC.'M16-004 Lon IIa12lakcTmmSubd2116-M8 FieldNdndooc
The To= Board ofPmrava= Lend Sorvcymg fcgulatp all Regatatd Pmf=;=al UM Stnty= in O= Sts:. ofTexm
IkY mzy be cid at Buadtog A. Sam 156, 12160 Ptuk 35 Citcla. Awart. Taxu 78753,(512) 239-5263
16.562 ACRES OF LAND SITUATED IN THE ROBERT
FOSTER SURVEY No. 31 AND THE JOHN STEWART-------
SURVEY No. 551 IN TRAVIS COUNTY. TEXAS BEING ALL
OF LOT 11, LAKE TRAVIS SUBDIVISION No. 2
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
IN VOLUME 4. PAGE 82 OF THE PLAT RECOROS OF �•,\ / �'a \ `��y
TRAVIS COUNTY. TEXAS 6!!{.Q A 1.757 ACRE PORTION
OF LOT 12. LAKE TRAVIS SUBWSiON No. 2
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED \ i' 6•
IN VOLUME 4, PAGE 82 OF THE PLAT RECORDS OF
TRAVIS COUNTY. TEXAS AU THE REMAINDER OFA�PLIS
CALLED 10.068 ACRE TRACT CONVEYED TO GARY ANDLA
�
CATHY GROSS BY INSTRUMENT OF RECORD IN VOLUME p�O 094\ :l
11546, PAGE 1498 OF THE DEED RECORDS OF TRAVIS ` �� 1 e P.
COUNTY, TEXAS 6bQ THE REMAINDER OF A CALLED
5.163 ACRE TRACT CONVEYED TO GARY AND CATHY �q
GROSS BY INSTRUMENT OF RECORD IN VOLUME 12817,
PAGE 1043 OF THE DEED RECORDS OF TRAVIS °64
COUNTY, TEXAS.
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PRO,IE MODE TEXAS
GE010 MODEL GEOID 17Ai1
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THIS /SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS
SOCIETY OF PROFESSIONAL SURVEYORS ASSOCIATION STANDARDS
AND STANDARD SPECIFICATIONS CATEGORY
S RVEY AS DESCR BED IN THE MANUAL CONDITION
PRACTICE r
FOR LAND SURVEYING IN THE STATE OF TEXAS. 01STER'>`,9�
26 April 2016 STEVEN W. O IACD K
Steven Warner Womack, RPLS, PLS, NCEES 5025
O Q DATE: 4-26-201
National Counc.l of Examiners for Engineering and Surveyi -EXHIBIT i �iy �ESS%0 DRAWN BY: Stott
Texas Registered Professional Land Surveyor #5025 4�' S, U � 4 FILE NAME. 16-008 dwg
North Coralino Professional Land Surveyor # L-5043
E—Mail. Svrap c rnrta Phone/Text: (512) 6 O �� PROJ. NO. : 16—ooB
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