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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 \\\``,���LII ����� �j Notary Public • - State of Texas (P� �CO : = My Commission: � "'OF W126566�.� zzRES iiiN�opo\\\\ 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� \� •.••••••••..F � Notary Public ••gip Ay Peel/c State of Wl XGt� My Commission: u'J PCO ; /9TF OF�� :• %. •;�126586�� /z/��ii 7-A �RESlopo\\\\\ 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 F dp' UO 1ST S8LE oF'��r,�,oF� ���.�o� 'r'oF<<6� � 160011-11, 600 �Fyj Nq�T,>�8s ?s s s � 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