Contract - KR CC, Inc. - Memorandum of Ground Lease - 12/15/2016 Recording Requested By and
When Recorded Mail To:
Michael Best&Friedrich LLP
One South Pinckney Street, Suite 700
Madison, Wisconsin 53703
Attention: Michael S. Green
MEMORANDUM OF LEASE AND OPTION
This MEMORANDUM OF LEASE AND OPTION (this "Memorandum"), dated as
of December 20, 2016 is entered into between CITY OF ROUND ROCK, TEXAS, a Texas local
government home rule corporation (the "City"), and KR CC, INC., a Delaware corporation
("Tenant").
RECITALS
A. The City and Tenant entered into that certain Ground Lease Agreement, dated as
of December 20, 2016 (the "Lease Agreement"), pursuant to which the City will lease to
Tenant, and Tenant will lease from the City, for the Term (as such term is defined in the Lease),
the real property described in Exhibit"A" attached hereto and incorporated herein by reference
(the "Leased Premises").
B. The City and Tenant desire to execute this Memorandum to provide constructive
notice of Tenant's rights under the Lease Agreement to all third parties.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
* I. Term, The City has agreed to lease the Leased Premises to Tenant for the Term,
which Term will end approximately 99 years after the Effective Date (as such term is defined in
the Lease).
2. Lease Terms. The lease of the Leased Premises to Tenant is pursuant to the Lease
Agreement, which is incorporated into this Memorandum by reference.
3. Purchase Option. Tenant shall have the option to purchase the Leased Premises
from the City (the "Purchase Option") upon and subject to the terms and conditions set forth in
the Lease Agreement.
4. Assignment. Tenant's ability to transfer its rights under the Lease Agreement and
to sublease the Leased Premises is set forth in more detail in the Lease Agreement.
5. Leasehold Mortgagee's Right to New Agreement. Tenant's leasehold mortgagees
are granted certain rights and protections, including notice and cure rights with respect to
Tenant's defaults and the right, under certain circumstances that result in the termination of the
Lease Agreement, to require the City to enter into a new lease with Tenant's senior leasehold
mortgagee or its assignee, nominee or designee, all as set forth in more detail in the Lease
Agreement.
6. Encumbrances. The Lease Agreement prohibits City from mortgaging or
otherwise encumbering City's fee title interest in the Leasehold Premises with any mortgage,
deed of trust, security deed, deed to secure debt, or any other similar instrument or agreement
constituting a lien upon, or similarly encumbering, City's fee title interest in the Leasehold
Premises.
7. Successors and Assigns. This Memorandum and the Lease Agreement shall bind
and inure to the benefit of the parties and their respective heirs, successors and assigns, subject,
however, to the provisions of the Lease Agreement.
8. Release. The Lease Agreement provides that Tenant will execute and record a
release of this Memorandum within ten (10) Business Days (as defined in the Lease Agreement)
following the expiration of the Purchase Option.
9. Governing Law. This Memorandum and the Lease Agreement are governed by
Texas law.
IN WITNESS WHEREOF, the City and Tenant have entered in this Memorandum as of
the day and year first above written.
CITY OF ROUND ROCK,TEXAS KR CC,INC.
a home rule city and municipal corporation a Delaware corporation
Alan McGraw, Mayor Todd Nelson, President
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF K �� §
This instrument was acknowledged before me on the 19 day of December, 2016,by Alan
McGraw, as Mayor of the CITY OF ROUND ROCK, TEXAS, a home rule city and municipal
corporation. \Cj
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ACKNOWLEDGMENT
STATE OF Wrcr0-INSIN §
COUNTY OF �,Ii�� §
This instrument was acknowledged before me on theta day of December, 2016, by Todd
Nelson, as President of KR CC, INC.,a Delaware corporation. 6u�
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Exhibit A
Leased Premises
(see attached)
350.237 ACRES FN. NO. 16-341(MJR)
,AND SEPTEMBER 13, 2016
DESue,i2 IONS FILE NO. 222010482
DESCRIPTION
OF A 350.237 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON
COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
157.385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED
OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS; ALL OF TI-IAT CERTAIN 60.58 ACRE TRACT
OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND
BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO.
2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9
OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN
155. 589 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND MARK
MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID
OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY
DEED OF RECORD IN DOCUMENT NO. 2010072268 OF SAID OFFICIAL PUBLIC
RECORDS; SAID 350.237 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS:
PART 1 - 335.795 ACRES
BEGINNING, at a 5/8-inch iron rod found in the southerly right-of-
way line of the Union Pacific Railroad (100' R.O.W. ) being the
northeasterly corner of said 157.385-acre tract, also being the
northwesterly corner of said 155.589-acre tract;
THENCE, N63037128"E, leaving the northeasterly corner of said
157 .385 acre tract, along the southerly right-of-way line of the
Union Pacific Railroad, for a portion of the northerly line hereof,
a distance of 2864 .50 feet to a 1/2-inch iron rod with "Baker
Aicklen" cap found at the northwesterly corner of Lot 1, Block A of
Final Plat of Brushy Creek Regional Wastewater Treatment Plant, a
subdivision of record in Document No. 2007067173 of said Official
Public Records, being the northeasterly corner of said 155.589 acre
tract and hereof;
THENCE, leaving the southerly right-of-way line of the Union
Pacific Railroad, along the common line of said Lot 1 and said
155. 589-acre tract-, for the easterly line hereof, the following six
(6) courses and distances:
1) S26°12'00"E, a distance of 49. 99 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
2) N63°41' 06"E, a distance of 81. 63 feet to a 1/2-inch iron rod
with illegible cap found;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 2 OF 10
3) S03°33152"E, a distance of 1695. 07 feet to a 1/2-inch iron rod
with "LCRA" cap found;
4) N58°53' 53"E, a distance of 362. 51 feet to a 1/2-inch iron rod
with "LCRA" cap found;
5) N58035' 13"E, a distance of 245. 00 feet to a 1/2-inch iron rod
with "LCRA" cap found;
6) S02028132"E, passing at a distance of 387.44 feet, a 1/2-inch
iron rod with "SURVCON INC" cap found, and continuing for a
total distance of 463.04 feet to a point in the center of
Brushy Creek, being in the northerly line of Lot 59, Block F
of Final Plat of Freeman Park Subdivision Phase I, of record
in Document No. 2015010846 of said Official Public Records,
also being the most southerly southwesterly corner of said Lot
1, for the southeasterly corner hereof;
THENCE, leaving the most southerly southwesterly corner of said Lot
1, along or near the center of Brushy Creek, with the northerly
line of said Lot 59; the northerly line of Lot 26, Block B of Lake
Forest III, Village III Revised, a subdivision of record in
Document No. 2004095851 of said Official Public Records; the
northerly line of Lot 43, Block E of Final Plat of Sonoma Section
9, a subdivision of record in Document No. 2004021881 of said
Official Public Records; and the northerly line of Lot 46, Block F
of Final Plat of Sonoma Section 11, a subdivision of record in
Document No. 2005000171 of said Official Public Records for a
portion of the southerly line hereof, the following twenty-three
(23) courses and distances:
1) S71058 ' 01"W, a distance of 59. 92 Leet to an angle point;
2) S66040111"W, a distance of 90.58 feet to an angle point;
3) S49032125"W, a distance of 78.88 feet to an angle point;
4) S40047 ' 39"W, a distance of 82. 04 feet to an angle point;
5) S23037 120"W, a distance of 81.79 feet to an angle point;
6) S28052 ' 04"W, a distance of 110.18 feet to an angle point;
7) S36°12152"W, a distance of 282.02 feet to an angle point;
8) S38003124"W, a distance of 84 . 64 feet to an angle point;
9) S47037 '12"W, a distance of 329.19 feet to an angle point;
10) S15°41116"E, a distance of 184.53 feet to an angle point;
11) S0702713911E, a distance of 150.82 feet to an angle point;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 3 OF 10
12) S03°49'27"W, a distance of 142.77 feet to an angle point;
13) S21°18 ' 06"W, a distance of 94.11 feet to an angle point;
14) S44°12 ' 01"W, a distance of 165.58 feet to an angle point;
15) S69°51' 49"W, a distance of 215. 14 feet to an angle point;
16) S45°2.5149"W, a distance of 111.25 feet to an angle point;
17) S26°29136"W, a distance of 94.25 feet to an angle point;
18) S31048100"W, a distance of 125. 62 feet to an angle point;
19) S51058 '20"W, a distance of 230. 16 feet to an angle point;
20) S61°55126"W, a distance of 477.59 feet to an angle point;
21) S54023 ' 53"W, a distance of 144. 42 feet to an angle point;
22) S40°28156"W, a distance of 383. 47 feet to an angle point;
23) S42015' 33"W, a distance of 108.54 feet t.o the southeasterly
corner of said 60.58-acre tract, for an angle point hereof;
THENCE, leaving the westerly line of said 155.589-acre tract, along
or near the center of Brushy Creek, with the northerly line of Lot
46 of said Sonoma Section 11 and the northerly line of Lot 46,
Block F of Final Plat of Sonoma Section 12, a subdivision of record
in Document No. 2005000358 of said Official Public Records for a
portion of the southerly line hereof, the following five (5)
courses and distances:
1) S42015133"W, a distance of 148.42 feet to an angle point;
2) S80051 ' 11"W, a distance of 301.01 feet to an angle point;
3) S83008153"W, a distance of 200.01 feet to an angle point;
4) S67032104"W, a distance of 132.76 feet to an angle point;
5) S62026147"W, a distance of 141.77 feet to the southeasterly
corner of said 157.385-acre tract, being the southwesterly
corner of said 60.58-acre tract, for an angle point hereof;
THENCE, leaving the southwesterly corner of said 60.58-acre tract,
along the approximate center of Brushy Creek, with the northerly
line of said Lot 46 and in part along the northerly line of that
certain 1.764-acre tract of land conveyed to the City of Round Rock
by deed of record in Document No. 2013056475 of said Official
Public Records, for the southerly line hereof, the following four
(4) courses and distances:
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 4 OF 10
1) S70010 ' 09"W, a distance of 138 . 30 feet to an angle point;
2) S58052 ' 42"W, a distance of 700. 00 feet to an angle point;
3) S67052' 42"W, a distance of 240.00 feet to an angle point;
4) S53004142"W, a distance of 132.01 feet to a point in the
easterly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) for the southwesterly corner_ hereof;
THENCE, leaving the approximate center of Brushy Creek and the
northerly line of said 1.764-acre tract, along the easterly right-
of-way line of Kenney Fort Boulevard, for a portion of the westerly
line hereof, the following nine (9) courses and distances:
1) NO3027 ' 14"W, passing at a distance of 100.00 feet, a 1/2-inch
iron rod with "BURY" cap set for reference, and continuing for
a total distance of 492. 81 feet to a 1/2-inch iron rod with
"Baker Aicklen" cap found;
2) N85058 ' 17"E, a distance of 58.16 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
3) NO3°26' 15"W, a distance of 243. 69 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
4) N19010'44"W, a distance of 376. 64 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
5) N26022135"W, a distance of 1454. 98 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
6) N22047126"W, a distance of 160.27 feet -to a 1/2-inch iron rod
with "Baker Aicklen"' cap found;
7) N26023134"W, a distance of 114.86 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
8) N23°12'13"W, a distance of 254.74 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
9) NO2018129"W, a distance of 323.01 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found at the intersection of the
easterly right-of-way line of Kenney Fort Boulevard and the
southerly right-of-way line of the Union Pacific Railroad,
being in the northerly line of said 157.385-acre tract, for
the northwesterly corner hereof;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 5 OF 10
THENCE, N63036145"E, leaving the easterly right-of-way line of
Kenney Fort Boulevard, along the southerly right-of-way line of the
Union Pacific Railroad, being the northerly line of said 157.385-
acre tract for the northerly line hereof, a distance of 2121.63
feet to the POINT OF BEGINNING, containing an area of 338. 795 acres
(14, 627,230 square feet) of land, more or less, SAVE AND EXCEPT
THEREFROM THE FOLLOWING TRACT OF LAND:
LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H,
SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT
1 BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 5/8-inch iron rod found in the southerly right-of-
way line of the Union Pacific Railroad (100' R.O.W. ) being the
northwesterly corner_ of said 176.78-acre tract of land and also
being the northeasterly corner of said 157 .385-acre tract;
THENCE, S02010129"E, leaving the southerly right-of-way line of the
Union Pacific Railroad, along the common line of said 157 .385-acre
tract and said 176.78-acre tract, a distance of 305.90 feet to a
1/2-inch iron rod with "Baker Aicklen" cap found for an angle point
in said common line;
THENCE, S84058111"W, leaving the westerly line of said 176. 78-acre
tract, over and across said 157. 385-acre tract, a distance of 31.42
feet to a 1/2-inch iron rod found for the POINT OF BEGINNING, being
the northeasterly corner of said Lot 1 and hereof;
THENCE, along the exterior lines of said Lot 1, the following four
(4) courses and distances:
1) S02004 ' 50"E, a distance of 255.76 feet to a 1/2-inch iron rod
found for the southeasterly corner hereof;
2) S87058100"W, a distance of 255. 61 feet to a 1/2-inch iron rod
found for the southwesterly corner hereof;
3) NO2002 '48"W, a distance of 255.58 feet to a 1/2-inch iron rod
found for the northwesterly corner hereof;
4) N87055'35"E, a distance of 255.46 feet to the POINT OF
BEGINNING, containing an area of 1. 500 acres (65, 334 square
feet) of land.
ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND:
THAT CERTAIN 1.50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND
LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399
OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1.50 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 6 OF 10
COMMENCING, a 1/2-inch iron rod with "Baker Aicklen" cap found in
the southerly right-of-way line of the Union Pacific Railroad for
the northwesterly corner of Lot 1, Block A of said Final Plat of
Brushy Creek Regional Wastewater Treatment Plant of record, being
the northeasterly corner of said 155. 589-acre tract;
THENCE, S26012 '00"E, leaving the southerly right-of-way line of the
Union Pacific Railroad, along the common line of said 155.589-acre
tract and said Lot 1, a distance of 49. 99 feet to a 1/2-inch iron
rod with "Baker Aicklen" cap found;
THENCE, S03034149"E, leaving the westerly line of said Lot 1, over
and across said 155.589-acre tract, a distance of 291.32 feet to a
1/2-inch iron rod with "Stan Coalter" cap found for the POINT OF
BEGINNING, being the northeasterly corner of said 1.50-acre tract
and hereof;
THENCE, along the exterior lines of said 1. 50-acre tract for the
exterior lines hereof, the following four (4) courses and
distances:
1) S03034 ' 49"E, a distance of 298 . 62 feet to a 1/2-inch iron rod
with "Stan Coalter" cap found for the southeasterly corner
hereof;
2) S74024152"W, a distance of 244 . 97 feet to a 1/2-inch iron rod
with "Stan Coalter" cap found for the southwesterly corner
hereof;
3) N0603715211E, a distance of 340. 30 feet to a 1/2-inch iron rod
with "Stan Coalter" cap found for the northwesterly corner
hereof;
4) N81044134"E, a distance of 179. 89 feet to the POINT OF
BEGINNING, containing an area of 1. 500 acres (65, 357 square
feet) of land, leaving a TOTAL NET AREA OF 335.795 ACRES
(15, 256, 308 square feet) of land, more or less, within these
metes and bounds.
PART 2 - 0.037 ACRES
BEGINNING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in
the westerly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) , being in the common line of said 157.385-acre tract and
that certain 107. 17-acre tract of land conveyed to John Bolt
Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said
Official Public Records and to The Hickox Family Living Trust by
deed of record in Document No. 2006053683 of said Official Public
Records, for the northwesterly corner hereof;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 7 OF 10
THENCE, S28042 ' 41"E, leaving the easterly line of said 107.17-acre
tract, along the westerly right-of-way line of Kenney Fort
Boulevard for the northerly line hereof, a distance of 59.01 feet
to a 1/2-inch iron rod with "Baker Aicklen" cap found for the
northerly corner of that certain 0. 158-acre tract of land conveyed
to the City of Round Rock by deed of record in Document No.
2011041098 of said Official Public Records for the northeasterly
corner hereof;
THENCE, leaving the westerly right-of-way line of Kenney Fort
Boulevard, with the northerly line of said 0. 158-acre tract for the
easterly and southerly lines hereof, the following two (2) courses
and distances:
1) S17°26131"W, a distance of 55. 47 feet to a 1/2-inch iron rod
with "SAM" cap found for the southeasterly corner hereof;
2) S63037108"W, a distance of 8.52 feet to a 1/2-inch iron rod
with "BURY " cap set in the common line of said 107. 17-acre
tract and said 157 . 385-acre tract for the southwesterly corner
hereof from which, a 1/2-inch iron rod with "SAM" cap found
for the apparent northwesterly corner of said 0. 158-acre tract
as found bears, N76°15' 30"E, a distance of 0. 67 feet;
THENCE, NO2009' 44"W, leaving the northerly line of said 0.158-acre
tract, along the common line of said 107. 17-acre tract and said
157. 385-acre tract for the westerly line hereof, a distance of
108.54 feet to the POINT OF BEGINNING, containing an area of 0.037
acres (1, 602 square feet) of land, more or less, within these metes
and bounds.
PART 3 - 4.609 ACRES
COMMENCING, at a 1/2-inch iron rod with "Baker_ Aicklen" cap found
in the westerly right-of--way line of Kenney Fort Boulevard (R.O.W.
Varies) , being in the common line of said 157.385-acre tract and
that certain 107. 17-acre tract of land conveyed to John Bolt
Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said
Official Public Records and to The Hickox Family Living Trust by
deed of record in Document No. 2006053683 of said Official Public
Records, for the northwesterly corner hereof;
THENCE, S02009144"E, leaving the westerly right-of-way line of
Kenney Fort Boulevard, along the common line of said 107.17 acre
tract and said 157.385 acre tract, a distance of 196.31 feet to a
1/2-inch iron rod with "BURY" cap set in the southerly line of that
certain 0. 158 acre tract of land conveyed to the City of Round Rock
by deed of record in Document No. 2011041098 of said Official
Public Records for the POINT OF BEGINNING, being the northwesterly
corner hereof from which, a 1/2-inch iron rod with "SAM" cap found
for the apparent southwesterly corner of said 0.158 acre tract as
found bears, N63°02 '14"E, a distance of 0.70 feet;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 8 OF 10
THENCE, leaving the easterly line of said 107 . 17-acre tract, with
the southerly line of said 0. 158-acre tract for the northerly line
hereof, the following two (2) courses and distances:
1) N63033151"E, a distance of 47. 01 feet to a 1/2-inch iron rod
with "Baker Aicklen"' cap found;
2) S71°12'55"E, a distance of 56. 50 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found in the westerly right-of-way
line of Kenney Fort Boulevard, being the southeasterly corner
of said 0.158-acre tract, for the northeasterly corner hereof;
THENCE, S26022 ' 11"E, leaving. the southeasterly corner of said
0. 158-acre tract, over and across said 157.385-acre tract, along
the westerly right-of-way line of Kenney Fort Boulevard for the
easterly line hereof, a distance of 695.06 feet to a 1/2-inch iron
rod found for the northeasterly corner of that certain 0 . 864-acre
tract of land conveyed to the City of Round Rock by deed of record
in Document No. 2011041098 of said Official Public Records for the
southeasterly corner hereof;
THENCE, leaving the westerly right-of-way line of Kenney Fort
Boulevard, with the northerly line of said 0. 864-acre tract for the
southerly line hereof, the following two (2) courses and distances:
1) S18036113"W, a distance of 56.47 feet to a 1/2-inch iron rod
found;
2) S63°36' 13"W, a distance of 395.45 feet to a 1/2-inch iron rod
with "BURY " cap set in the common line of said 107. 17-acre
tract and said 157.385-acre tract for the southwesterly corner
hereof from which, a 1/2-inch iron rod found for the apparent
northwesterly corner of said 0. 864-acre tract as found bears,
N58'21'23"E, a distance of 1. 69 feet;
THENCE, NO2009144"W, leaving the northerly line of said 0. 864-acre
tract, along the common line of said 107.17-acre tract and said
157. 385-acre tract for the westerly line hereof, a distance of
849. 94 feet to the POINT OF BEGINNING, containing an area of 4.609
acres (200,777 square feet) of land, more or less, within these
metes and bounds.
PART 4 - 9.796 ACRES
CONMENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found
in .the westerly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) , being in the common line of said 157.385-acre tract and
that certain 107. 17-acre tract of land conveyed to John Bolt
Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said
Official Public Records and to The Hickox Family Living Trust by
deed of record in Document No. 2006053683 of said Official Public
Records, for the northwesterly corner hereof;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 9 OF 10
THENCE, S02009144"E, leaving the westerly right-of-way line of
Kenney Fort Boulevard, along the common line of said 107. 17 acre
tract and said 157. 385 acre tract, a distance of 1133. 82 feet to a
1/2-inch iron rod with "BURY" cap set in the southerly line of that
certain 0.864 acre tract of land conveyed to the City of Round Rock
by deed of record in Document No. 2011041098 of said Official
Public Records for the POINT OF BEGINNING, being the northwesterly
corner hereof from which, a 1/2-inch iron rod with "SAM" cap found
for the apparent southwesterly corner of said 0.864 acre tract as
found bears, N62052 ' 19"E, a distance of 1. 77 feet;
THENCE, leaving the easterly line of said 107 . 17-acre tract, with
the southerly line of said 0.864-acre tract for the northerly line
hereof, the following two (2) courses and distances:
1) N63036' 57"E, a distance of 431. 40 feet to a 1/2-inch iron rod
found;
2) S71°27138"E, a distance of 56. 40 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found in the westerly right-of-way
line of Kenney Fort Boulevard, being the southeasterly corner
of said 0.864-acre tract, for the northeasterly corner hereof;
THENCE, leaving the southeasterly corner of said 0.864-acre tract,
along the westerly right-of-way line of Kenney Fort Boulevard for
the easterly line hereof, the following four (4) courses and
distances:
1) S26°22109"E, a distance of 250.82 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found at the point of curvature of a
non-tangent curve to the right;
2) Along said non-tangent curve to the right, having a radius of
1441.72 feet, a central angle of 1200913911, an arc length of
306. 00 feet, and a chord which bears, S21015'08"E, a distance
of 305. 42 feet to a 1/2-inch iron rod with "Baker Aicklen" cap
found at the end of said curve;
3) S00008 ' 16"E, a distance of 360.25 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
4) S16010 '46"W, a distance of 165. 87 feet to a 1/2-inch iron rod
with "SAM" cap found for the most northerly northeasterly
corner of that certain 12.1-acre tract of land conveyed to the
City of Round Rock by deed of record . in Document No.
2013049009 of said Official Public Records for the
southeasterly corner hereof;
FN. NO. 16-341 (MJR)
SEPTEMBER 13, 2016
PAGE 10 OF 10
THENCE, S88041 ' 51"W, leaving the westerly right-of-way line of
Kenney Fort Boulevard, along the northerly line of said 12.1-acre
tract for the southerly line hereof, a distance of 267. 19 feet to a
1/2-inch iron rod with "Baker Aicklen" cap found in the easterly
line of that certain 4.42-acre tract of land conveyed to Thomas P.
Elrod Et. Ux. By deed of record in Document No. 1813, Page 540 of
said Official Public Records, being the westerly line of said
157.385-acre tract, also being the most northerly northwesterly
corner of said 12. 1-acre tract for the southwesterly corner hereof;
THENCE, N01023135"W, leaving the northerly line of said 12. 1-acre
tract, along the common line of said 157.385-acre tract and said
4 .42-acre tract for a portion of the westerly line hereof, a
distance of 498. 34 feet to a 1/2-inch iron rod found for the
northeasterly corner of said 4. 42-acre tract;
THENCE, S89°11 ' 33"W, along the irregular westerly line of said
157 .385-acre tract and the northerly line of said 4 . 42-acre tract,
passing at a distance of 319.72 feet, a 1/2-inch iron rod found for
the northwesterly corner of said 4. 42-acre tract, and continuing
for a total distance of 323. 61 feet to a 1/2-inch iron rod found in
the common line of said 157.385-acre tract and said 107. 17-acre
tract for the southwesterly corner hereof;
THENCE, NO2009' 44"W, along the common line of said 157.385-acre
tract and said 107. 17-acre tract for a portion of the westerly line
hereof, a distance of 367. 85 feet to the POINT OF BEGINNING,
containing an area of 9. 796 acres (426,728 square feet) of land,
more or less, within these metes and bounds.
BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS
TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96) ,
UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE
STATION (CORS) NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
Zv� Ic�
STANTEC CONSULTING JO H BILNOSKI DATE
SERVICES INC. R. P.E%. NO. 4998
221 WEST SIXTH STREET ST TE F TEXAS
SUITE 600 TBPLS # F-10194230 r
AUSTIN, TEXAS 78701 john.bilnoski@stantec.com '�Q.�g7F,q� s
JOHN T. SIL.....
P.O.B. �-
P.O.C. 2ND SAVE 0 400 800 1200 1600
2ND SAVE & EXCEPT TRACT 1 =80
EXCEPT
TRACT
0
0) Q 2ND S&E TRACT
1.500 ACRES
Qw 155,589 ACRES /
m Q KE/7H KRIENKE, MARK MEREDITH
_ > DOCUMENT NOa, 2006113854
01 w GREGORY STEPHEN CAR7ER
T Q o DOCUMENT NO. 2010072268
w -Or TOTAL AREA
F- m-
350.237 ACRES
(15,256,324 SQ. FT.)
LLI
v
P.O.B. PART 1
PART 1 P.O.B. 335.795
P.O.C. ACRES
1ST SAVE &
1ST
SAVE & EXCEPTEXCEPT
TRACT TRACT J�yti 94yF�s p��FS
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ACRES �po�RFs ,oq� r otiti
0.854 ACRES R9ss> yrs
CITY OF ROUND ROCK _
DOCUMENT N0, KENNEY FORT
100' 2011041098
RIGH r-OF WAY BOULEVARD
UN/RAILROAD C PART 2 PART 3 (R.O.w, VARIES)
0.037 4~609 PART 4
ACRES ACRES AC9.796 LEGEND
RES P.O.B. POINT OF
BEGINNING
P.O.B. P.O.C. POINT OF
PART 2 COMMENCEMENT
PS&E ND
P.O.C.
EXCEPT
PARTS 3 P.O.B.
AND 4 PART 3
P.O.B. 4.42 ACRES
0.158 ACRES PART 4 THOMAS P.
CITY OF ELROD AND
ROUND ROCK 107.17 ACRES SPOUSE,
DOCUMENT NO, 7HE H/CKOX FAMIL Y L114NO TRUST, Er. At. CHRISTEL CLROD
2011041098 DOCUMENT NO, 2006053883 VOLUME 1813
VOLUME 2372, PAGE 112 PAGE 540
SKETCH TO ACCOMPANY DESCRIPTION
_f � �n �C OF 94, SITUATED
ACRES OF LAND OUT OF THE P.A.HOLDER SURVEY, ABSTRACT KR
N0. 294, SIiUAIED IN THE CITY OF ROUND ROCK, NILLIAMSON COUNTY, TEXAS
BEING A PORTION OF THAT CERTAIN 157.385 ACRE TRACT OF LAND OF ACQUISITIONS
221 West Sixth Street,Suite 600 RECORD IN DOCUMENT NO. 2007049657 AND ALL OF THOSE CERTAIN TRACTS
Austin,Texas 78701 OF LAND OF RECORD IN DOCUMENT NO. 2003035323, 2006113854 AND LLC
Tel,(512)3280011 Fax(512)326-0325 2010072268, ALL OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TBPE 0 F-6324 TBPLS 4 F-10194230 TEXAS; ALSO BEING ALL OF LOT 9 OF THE S.M, SWENSON SUBDIVISION, OF
RECORD IN BOOK 13,PAGE 119 OF THE DEED RECORDS OF WIUJAMSON
Copyri9ht02016 COUNTY, TEXAS.
DATE:9/712016 1 DRAWN BY:KWA I FN: 16.341(MJR) FILE:V:122201ACTIVEISURVEY1222010482EX2,DWG PROJECT Na. 222010482
V:\2220\active\222010482\survey\222010482EX2.dwg Sep 22, 16 2:39 PM by, mracbe