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Contract - KR CC, Inc. - 1/26/2017 (2) s i • j i 1 FIRST AMENDMENT TO GROUND LEASE AGREEMENT This FIRST AMENDMENT TO GROUND LEASE AGREEMENT (this _ I "Amendment")is made and entered into as of February 1,2017 (the"Effective Date"),between CITY OF ROUND ROCK, TEXAS, a home rule city and municipal corporation (the "City"), and KR CC,INC., a Delaware corporation("Tenant"). RECITALS j• A. The City and Tenant entered into that certain Ground Lease Agreement, dated as ` of December 20, 2016 (the"Ground Lease"), pursuant to which the City leases to Tenant,and Tenant leases from the City the real property described at Exhibit A-2 therein (the "Leased Premises"); and B. Pursuant to Section 2.1(B) of the Ground Lease, the City and Tenant desire to amend the Ground Lease to include additional real property consisting of approximately 1.5 acres of land located at 3309 Palm Valley Blvd. E. in Round Rock, Texas, and further described at Exhibit A attached hereto(the"Boyles Tract"). NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. Defined Terms. Terms utilized but not defined herein shall have the meanings set for the in the Ground Lease. . a 2. Addition of Boyles Tract, The Ground Lease is hereby amended such that the Boyles Tract is added to the Leased Premises. 3. Revised Leased Premises. The Ground Lease is hereby amended such that the current Exhibit A-2 - Leased Premises of the Ground Lease, shall be deleted in its entirety and replaced with the Exhibit A-2-Leased Premises, attached hereto as Exhibit B. 4. Acknowledgement of Rent Payment. Concurrent with the execution and delivery ; ( of this Amendment, the City hereby acknowledges receipt of the payment of the additional s partial Initial Rent Payment as required under Section 4.1(B) of the Ground Lease. ` 5. Ratification. Except as amended hereby, the Ground Lease is hereby ratified and remains in full force and effect. 6. Governing Law, This Amendment and the Ground Lease are governed by laws of ( the State of Texas. (Signatures appear on following pages) � � A 10 I t i IN WITNESS WHEREOF, the City and Tenant have entered in this Amendment as of the day and year first above written. CITY: CITY OF ROUND ROCK,TEXAS l a home rule city and municipal corporation $y: Alan McGraw,Mayor ACKNOWLEDGMENT STATE OF TEXAS t § COUNTY Or N § ')- s This instrument was acknowledged before me on thez day of JA01� 2017 ! by Alan McGraw, as Mayor of the CITY OF ROUND ROCK, TEXAS, a home and j municipal corporation. \\1111111Ni1/// - •�P,RY P(/B'•. ''% Notary Public 'a zz�•: State of Texas — — My Commission: � _ N� QU A ii ••....• N ! s [F S f [Signature page to First Amendment to Ground Lease Agreement] I TENANT: i KR CC,INC. a Delawa co of i By: Name: a 5 � Title: C?= c �� ACKNOWLEDGMENT STATE OF (��_ tSC:�1S�r1 _ § i § t COUNTY OF 'Jet—� § . E i This instrument was acknowledged before me on theXrday of��n�f.Y. , 2017, by fYldf r �a,+fe 5,-f k, as&F0 Sci.rehw of KR CC,INC. Delaware ration. �p H GIVIOUN N Public iAY ; 1 State of Wisconsin � PUB UQ :�t My Commission: OF { i i . 4 ' I i p� S f s Sp i [Signature page to First Amendment to Ground Lease Agreement] Exhibit A Boyles Tract LOT 1,BERTIL TELANDER SUBDIVISION,AN ADDITION IN WILLIAMSON COUNTY, I TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF,RECORDED IN CABINET H, SLIDE 126,PLAT RECORDS OF WILLIAMSON COUNTY,TEXAS AND AS CORRECTED BY INSTRUMENT RECORDED IN VOLUME 1419,PAGE 416,REAL PROPERTY RECORDS OF WILLIAMSON COUNTY,TEXAS, 9 Containing 1.5 acres,more or less. H02'U2�Et"W 25s.se' ` 1—STORY uw BRICK WHALt {Ta 1,� D�,FT} 5TRL`C RSFE 31XVI 7FAT Ulf 1 Rf'&JL'15LkND5R SUNDIMION r,AN11V H, *EDe: :12A 414 act Kc a twNCs T r I 1—aTCA 5176WALK m CARAKf: BRICK -7{[itlfi.5L7 �„ SICEwALK 4 EWaY rr•� � .--�._�.•'�' .s i jJ3'11558 KOIf FEV4D 1 T fuiow FuE t4.T 4l✓u'(( N Dorm GUY I ' COtN,.LCFR.6EIE !7' �;pri"ti"a�xfl-9rCRY I! MD161Afl-E(,',ME NREM SIDEWALK L eHCFARiWdOAS u E NAIIKBF RES96ENt NLbuCHhsan jAWICK DE)Tx I (7IXK} 9C3CPoUFI1?IM VOL 1 Jf .� ?ME 41Q- C�-fEPi1C LOCATION •$hPrWELLL am, • 1GxiA' 1 PER FLAT LOOATION PM PLAT NnaD LYAW RMU T _ OE Ey !X.'�'4w1'r-11a 201�UU59i12v c E ED7aNc E��E,+r .. J6.,•�.�_..�-,aE,- -- VOLUME 2111,PNr;E 664 ��.�^.�-+�• �J'!'04 aR"E 255.76= ($WE 755j65:) ELECi51IC E4TEE4•T -•"'"� t10WWE 251.PAM 466i • i I I . � f Exhibit B [ s Leased Premises I [see attached] I i 1 t t r k t i s t t S s • • i i 351.737 ACRES FN. NO. 16-433(DLB) KALAHARI LAND NOVEMBER 28, 2016 DESCRIPTIONS FILE NO. 222010482 DESCRIPTION OF A 351.737 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 THAT CERTAIN 60.58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND f BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. E 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; AND ALSO LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY INSTRUMENT OF RECORD IN VOLUME 1419, j PAGE 416 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS; i SAID LOT 1 CONVEYED TO DAVID BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE OFFICIAL, PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351.737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN - FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1 -- 337.295 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 3 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) 326°12'00"E, a distance of 49.99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; • i ' k FN. N0. 16-433 (DLB) NOVEMBER 28, 2016 PAGE 2 OF 9 2) N63°41'06"E, a distance of 81. 63 feet to a 1/2-inch iron rod with illegible cap found; 3) S03°33152"E, a distance of 1695.07 feet to a 1/2-inch iron rod with "LCRA" cap found; 4) N58053153"E, a distance of 362.51 feet to a 1/2•-inch iron rod with "LCRA" cap found; 5) N58°35113"E, a distance of 245.00 feet to a 1/2-inch iron rod with "LCRA" cap found; 6) S02°28132"E, passing at a distance of 387.44 feet, a 1/2-inch iron rod with ISURVCON 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; 3 THENCE, leaving the most southerly southwesterly cgrner ,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 g 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: ' F 1) S71°5810111W, a distance of 59,92 feet to an angle point; 2) S66090111"W, a distance of 90.58 feet to an angle point; E 3) S49°32125"W, a distance of 78.88 feet to an angle point; 4) S4004713911W, a distance of 82.04 feet to an angle point; I 5) S23°37120"W, a distance of 81.79 feet to an angle point; j 6) S2805210411W, a distance of 110.18 feet to an angle point; 7) S36°12152"W, a distance of 282.02 feet to an angle point; • _ i 8) S38°0312411W, a distance of 84.64 feet to an angle point; 9) S47°37112"W, a distance of 329.19 feet to an angle point; 10) S15041116"E, a distance of 184.53 feet to an angle point; I y . t FN. NO. 16-433 (DLB) NOVEMBER 28, 2016 PAGE 3 OF 9 11) S07°27139"E, a distance of 150.82 feet to an angle point; 12) S03049127"W, a distance of 142.77 feet to an angle point; ! E 13) S2101810611W, a distance of 94.11 feet to an -angle point; ! 14) S4401210111W, a distance of 165.58 feet to an angle point; I 15) S69051149"W, a distance of 215.14 feet to an angle point; 16) S45°25149"W, a distance of 111.25 feet to an angle point; 17) S260291 36"W, a distance of 94,25 feet to an angle point; 18)' S3104810011W, a distance of 125.62 feet to an angle point; ((E 19) 551:°58120"W, a distance of 230.16 feet to an angle point; I 20) S61055126"W, a distance of 477.59 feet to an angle point; 21) S54°23153"W, a distance of 144.42 feet to an angle point; i 22) S40°28'56"W, a distance of 383.47 feet to an angle point; i 23) S42015133"W, ' a distance of 108.54 feet to 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 1 or near the center of Brushy Greek, 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) S42°15133"W, a distance of 148.42 feet to an angle point; € 2) S80°51'11"W, a distance of 301.01 feet to an angle point; 1 f 3) 583,008153"W, a distance of 200.01 feet to an angle point; 4) S67°32104"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 . I E E FN. NO. 16-433 (DLB) j NOVEMBER 28, 2016 PAGE 4 OF 9 Public Records, for the southerly line hereof, the following four ] ,(4) courses and distances.- 1) istances:1) S7001010911W, a distance of 138.30 feet to an angle point; i 2) S58052142"W, a distance of 700.00 feet to an angle point; 3) S67052142"W, a distance of 240.00 feet to an angle point; i 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: 9 1) NO3027114"W, passing at a distance of 100.00 feet, a 1/2-inch 1 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) N85°58'17"E, a distance of 58.16 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; j 3) NO3026115"W, a distance of 243.69 feet to a 1/2--inch iron rod with "Baker Aicklen" cap found; 4) N19°10144"W, a distance of 376.64 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 5) N260221351W, a distance of 1454.98 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; ' 6) N22°47126"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°12113"W, a distance of 254.74 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; ,9) NO2°18129"W, a distance of 323.01 feet to a 1/2-inch iron rod i with "Baker Aicklen" cap found at the intersection of the E 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; 1 • F S • I i FN. NO. 16-433 (DLB) NOVEMBER 28, 2016 PAGE 5 OF 9 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: t 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: 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; i THENCE, S26012100"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; s THENCE, S0303414911E, 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) S0303414911E, a distance of 298.62 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southeasterly corner f hereof; s 2) S74°24'52"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) N8104413411E, 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 337.295 ACRES (14, 692,570 square feet) of land, more or Less, within these metes and bounds. f I . i F FN, NO. 16-433(DLB) NOVEMBER 28, 2016 PAGE 6 OF 9 i PART 2 - 0.037 ACRES BEGINNING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in E 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 Balt 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, S28°42141"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) S17026131"W, a distance of 55.47 feet to a 1/2-inch iron rod with "SAM" cap found for the southeasterly corner hereof; 2) S63°37108"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, N7601513011E, a distance -of 0. 67 feet; THENCE, NO2°09144"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; 6 a 3 I • I FN. NO. 16-433 (DLB) NOVEMBER 28, 2016 PAGE 7 OF 9 f 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; 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) N63°3315111E, a distance of 47.01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) S71012155"E, a distance of 56,50 feet to a 1/2-inch iron rod with "Baker Ricklen" 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, S26022111"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) S18°36'13"W, a distance of 56.47 feet to a 1/2-inch iron rod found; t 2) S63036113"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, N580211231E, a distance of 1. 69 feet; THENCE, NO200914411W, 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. • I FN. NO. 16-433 (DLB) NOVEMBER 28, 2016 I PAGE 8 OF 9 PART 4 - 9.796 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 'gust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; ] THENCE, S0200914411E, 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, N62°52119"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) N63036157"E, a distance of 431.40 feet to a 1/2-inch iron rod found; 2) S7102713811E, 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; i . t 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 ; f distances: i 1) S2692210911E, ac 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; 3 2) Along said non-tangent curve to the right, having a radius of 1441.72 feet, a central ac1e: of 12°0913911, an arc length of 306.00 feet, and a chord whi-Gt bears, S21°15'08"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) S00°0811.6"E, a distance of 360.25 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 4) S16°10146"W, a distance of 165.87 feet to a 1/2-inch iron rod with "SAM". cap found for the most northerly northeasterly i f i . t l S FN. NO. 16-433 (DLB) 1 NOVEMBER 28, 2016 PAGE 9 OF 9 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; THENCE, S88041151"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; l THENCE, N01°23135"W, leaving the northerly line of said 12.1-acre tract, along the common line of said 157.385-acre tract and said E 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°11133"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 1.07.17-acre tract for the southwesterly corner hereof; THENCE, NO200914411W, along the common line of said 157.385-acre tract and said 107.17-acre tract for a portion of the westerly line E 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. 1 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. ?to STANTEC CONSULTING JOH 9AT. `I ; 10'SKI :bPT �' '`fir^'•' '°'', SERVICES INC. R.P L S. NO. 4998 221 WEST SIXTH STREET ST TE ;.: F TEXAS r' SUITE 600 TBPLS 4 F-10194230 JOHfiT.8-1'NOSK1 AUSTIN, TEXAS 78701 john.bilnoski@stantec.comgggg i . I I P.O.B. I P.O.C. 'EXCLUDED o 400 800 1200 1600 ! EXCLUDED TRACT 1"=B0' I TRACT d EXCLUDED TRACT 1 1500 ACRES 155.589 ACRES m¢ KE17H KR/ENXE, MARK MEREDITH I _ DOCUMENT 80. 20061!3854 GREGORY STEPHEN CARTER, V DOCUMENT N0. 2otdM. TOTAL AREA r 351.737 ACRES (15,521,664 SQ. FT.) v PART 1 , 337.295 P.O.B. ACRES PART 1 Lor/ .CA,6AFr H,NSVD 126 DAVID sonES DOWWNT N0. 20f 406982,6 ao 0.854 ACRE, C/7'Y OF ROUND (70C1C `fl •—�—� °22010410 fool 8 KENNEY FORT ^:� RlaYr-OF-WAY BOULEVARD UNRAIOV I ROAD C PART 2 PART 3 (R,O.W. VARIES) 0,037 4.609 PART 4 ° ACRES ACRES 9.796 ACRES LEGEND P.O.B. POINT OF i BEGINNING P O.B. P,0.0, POINT OF I PART Z " COMMENCEMENT S4g-- SAVE AND P.O.C. EXCEPT PARTS 3 P.O.B. j AND 4 PART 3 P.O.B. 4.42 ACRES Q158 ACRES PART 4 7HOMAS P. 0/7Y cr 107.17 ACRES ELROD AND ROUND ROCK 7HE H/CKOX,AM/L Y WING 7RUSr, Er. AL L SPOUSELROD E, DOCUMENT N0. DOCUMENT NO. 20A¢W683 CPOWMOLUME 1813,2011041096 VOLUME 237'2, PAGE 112 I� • PAGE 5400 SKETCH O ACCOMP D R PT10 � OF 361J37 ACRES OF LAND OUT OF IRE P.A.HOLDER SURVEY,ABSTRACT N0. t.I - 24b SITUATED IN THE C4TYCER AI ROUND ROCK,NTRACISOF COUNTY,1DGS INC A PORTION OF THAT CERTAIN 157,385 ACRE TRACT OF LAND OF'RECORD IN 221 wa9�slxmsln3at,swla60D DOCUMENT NO,2007049057 AND ALL CP THOSE CERTAIN TRACTS OF LAND OF KR CC, INCi AV1 Wasl sixth Im RECORD IN DOCUMENT NO.2003035323,2006113854 AND 2010072268,ALL OF THE OFFICIAL PUBLIC RECORDS OF WHOAMSON COUNTY,TESLAS; ALSO BEING ALL i 'Fol.(512)328.0011 Fax(612)3213-0325 OF LOT 9 OF THE S.M.5WENSON SUBDIVISION,OF RECORD IN BOOK 13,PACE 119 } TOPFYIF-5324 TBPLS#F7a10423D CP THE DEED.RECORDS OF WWAMSDN COUNTY,TEXAS• AND ALSO LOT 1,OF THE Co ti hl®2018 -BERTIL TELANDER SUBDIVISION,OF RECORD IN CABINET H,SLIDE 125 OF THE PLAT PY B RE . PS OF.MILLAWON COUNTY TEXAS DATE:1112812016DRAWN BY:KWNDLEI FN: 16.433(DL8) FILE:V:1222OTACTIVETSURVEY1222010482EX3.DWG PROJECT No. 222010482 V:\2220\aotivs\222010482\survey\222010482EX3.dwg Nov 29, 16 8:41 AM by. dbogaert