E-7 C15-2021-0098 ADV PACKET1

Board of Adjustment – Nov. 8, 2021

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-4 DATE: Monday October 11, 2021 CASE NUMBER: C15-2021-0098 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Alecia Mosadomi OWNER: PAP Realty Partnership/MVE Ventures, Ltd./The WP & AP Ltd ADDRESS: 5200 MCKINNEY FALLS PKWY VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code to decrease the required setback and increase the maximum allowable height requirements of Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites) a) (C) (1) (a) increase height limit from 30 feet (minimum allowed) to 47 feet (requested) b) (C) (2) (a) increase height limit from 40 feet (maximum allowed) to 47 feet (requested) c) (C) (3) increase height limit from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet but not more than 300 feet (maximum allowed) to 47 feet (requested) in order to erect Multi-Family Housing Development with on-site affordable units in a “MF- 4”, Multi-Family Residence-Moderate-High Density zoning district. Note(s): The Land Development Code Section 25-2-1063 (C) The height limitation for a structure are: (1) two stories and 30 feet, if the structure is 50 feet or less from the property: (a) in an SF-5 or more restrictive zoning district (2) three stories and 40 feet if the structure is more than 50 feet and not more than 100 feet from property: (a) in an SF-5 or more restrictive zoning district. E-7/1BOARD’S DECISION: BOA Meeting Oct 11, 2021-POSTPONED TO NOVEMBER 8, 2021 BY BOARD MEMBERS (Due to not enough Board Members present at the meeting) FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: 3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair forE-7/2Mosadomi, Alecia Ramirez, Elaine From: To: Cc: Subject: Date: Attachments: RE: Monday Nov 8th, 2021 BOA case - C15-2021-0098 / 5200 McKinney Falls Pkwy Monday, October 18, 2021 1:33:54 PM image001.png Hi Elaine, Yes. Our client would like to completely withdraw the case. Please let this email serve as our request to withdraw from the Board’s consideration case #C15- 2021-0098 located at 5200 McKinney Falls Pkwy. Thank you. Alecia M. Mosadomi Senior Associate Direct: 512-479-1143 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Monday, October 18, 2021 10:13 AM To: Mosadomi, Cc: Meade, Nikelle Subject: RE: Monday Nov 8th, 2021 BOA case - C15-2021-0098 / 5200 McKinney Falls Pkwy [EXTERNAL EMAIL] Hi Alecia, Are you completely wanting to Withdraw this case? If so, just type up an e-mail or letter stating you are wanting to Withdraw the case, make sure to reference the case # and the address. Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. E-7/3Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Mosadomi, Alecia [ Sent: Monday, October 18, 2021 9:59 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Meade, Nikelle < Subject: Monday Nov 8th, 2021 BOA case - C15-2021-0098 / 5200 McKinney Falls Pkwy ] *** External Email - Exercise Caution *** Hi Elaine, What would we need to do to withdraw this case from consideration? Alecia M. Mosadomi Senior Associate HUSCH BLACKWELL LLP 111 Congress Avenue, Suite 1400 Austin, TX 78701-4093 Direct: 512-479-1143 Fax: 512-479-1101 huschblackwell.com View Bio | View VCard Husch Blackwell is redefining partnership and client service. With 800+ lawyers in 25 offices across the United States, including The Link virtual office, we are a national law firm with a coast-to-coast footprint focused on tackling the most complex business challenges. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-7/4BOA GENERAL REVIEW COVERSHEET RE-NOTIFICATION CASE: C15-2021-0098 ADDRESS: 5200 McKinney Falls Pkwy COUNCIL DISTRICT: 2 OWNER: PAP Realty Partnership/ BOA DATE: October 11th, 2021 AGENT: Alecia Mosadomi MVE Ventures, Ltd./ The WP & AP Ltd. ZONING: MF-4 LEGAL DESCRIPTION: ABS 24 DELVALLE S ACR 13.5883 (1-D-1W) VARIANCE REQUEST: a) increase height limit from 30 feet (maximum allowed) to 47 feet (requested), b) increase height limit from 40 feet (maximum allowed) to 47 feet (requested), c) increase height limit from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet but not more than 300 feet (maximum allowed) to 47 feet (requested) SUMMARY: erect Multi-Family Housing ISSUES: floodplain which places constraints on the location, size and configuration of structures ZONING LAND USES MF-4 2 mi. ETJ Site North South RR East West P DR Multi-Family 2 mi. ETJ Rural Residential Public Development Reserve NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Caracol Southeast Del Valle Community Coalition Del Valle Independent School District Dove Springs Proud Friends of Austin Neighborhoods Go Austin Vamos Austin 78744 Homeless Neighborhood Association Onion Creek Homeowners Assoc. Sierra Club, Austin Regional Group E-7/5October 5, 2021 Stacey Milazzo 5200 Mc Kinney Falls Pkwy Austin TX, 78744 Re: C15-2021-0098 Property Description: ABS 24 DELVALLE S ACR 13.5883 (1-D-1W) Dear Stacey, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from LDC 25-2-1063 (C) to increase the allowed height. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Joseph Beeler, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6602 E-7/6BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0098 BOA DATE: October 11th, 2021 ADDRESS: 5200 McKinney Falls Pkwy COUNCIL DISTRICT: 2 AGENT: Alecia Mosadomi OWNER: PAP Realty Partnership/ MVE Ventures, Ltd./ The WP & AP Ltd. ZONING: MF-4 LEGAL DESCRIPTION: ABS 24 DELVALLE S ACR 13.5883 (1-D-1W) VARIANCE REQUEST: increase height limit from 30 feet (minimum allowed) to 47 feet (requested), increase height limit from 40 feet (maximum allowed) to 47 feet (requested), increase height limit from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet but not more than 300 feet (maximum allowed) to 47 feet (requested) SUMMARY: erect Multi-Family Housing ISSUES: floodplain which places constraints on the location, size and configuration of structures ZONING LAND USES MF-4 2 mi. ETJ Site North South RR East West P DR Multi-Family 2 mi. ETJ Rural Residential Public Development Reserve NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Caracol Southeast Del Valle Community Coalition Del Valle Independent School District Dove Springs Proud Friends of Austin Neighborhoods Go Austin Vamos Austin 78744 Homeless Neighborhood Association Onion Creek Homeowners Assoc. Sierra Club, Austin Regional Group E-7/7M C KIN N E Y FA LLS ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS C15-2021-0098 CASE#: LOCATION: 5200 MCKINNEY FALLS PARKWAY This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 417 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. E-7/8Board of Adjustment General/Parking Variance Application DevelopmentATX.com | Phone: 311 (or 512-974-2000 outside Austin) For submittal and fee information, see austintexas.gov/digitaldevelopment WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ Section 1: Applicant Statement Street Address: __________________________________________________________________ 5200 McKinney Falls Parkway, Austin, TX 78744 Subdivision Legal Description: ____________________________________________________________________________ ABS 24 DELVALLE S ACR 13.5883 (1-D-1W) - See attached metes and bounds - Exhibit A ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ MF-4 I/We ________________________________________________ on behalf of myself/ourselves as Alecia Mosadomi, Husch Blackwell LLP authorized agent for PAP Realty Partnership/MVE Ventures,Ltd./The WP & AP Ltd. Month ______________________________________________ affirm that on , hereby apply for a hearing before the September , Year , Day 2021 10 Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ Multifamily housing development City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 4 of 8 E-7/9Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ 25-2-1063(C) (Height Limitations and Setbacks for Large Sites) to increase height from two ____________________________________________________________________________ stories and 30 feet (required), three stories and 40 feet (required), and 40 feet + 1 foot for each ____________________________________________________________________________ 10 feet of distance in excess of 100 feet from the property [achieves 47 feet at 170' setback] ____________________________________________________________________________ (required) to 47 feet (requested). Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ This would result in 42 to 126 fewer residential units being constructed, when there are no ____________________________________________________________________________ single family uses to protect or be compatible with on the triggering property. Due to the loss of ____________________________________________________________________________ units, these compatibility standards as applied would render the site undevelopable. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ There is floodplain on one side of the site, covering 10.4% of the otherwise buildable area, ____________________________________________________________________________ which places constraints on the location, size, and configuration of structures, as well as limits ____________________________________________________________________________ the overall buildable area. ____________________________________________________________________________ ____________________________________________________________________________ b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ No other lot in the area has a similar configuration or site restraints. This is a small triangular lot, so due to the size and configuration of the lot, 10.4% of the lot is not buildable because it is ____________________________________________________________________________ covered by floodplain and the compatibility regulations reduce the buildable area by 42.5%. The ____________________________________________________________________________ adjacent triangular lot is unbuildable because it is almost entirely covered by floodplain, while ____________________________________________________________________________ our lot would be buildable were it not subject to both the floodplain and compatibility. ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 5 of 8 E-7/10Area Character The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ____________________________________________________________________________ The variance will allow this project to enhance the area by constructing affordable residential ____________________________________________________________________________ units, which is a use compatible with adjacent and nearby uses such as the McKinney Job ____________________________________________________________________________ Center, Ojeda Middle School and a State Park. Additionally, multifamily density is suitable near ____________________________________________________________________________ an arterial roadway (McKinney Falls Parkway) and this site's location near a job center is ____________________________________________________________________________ consistent with the purpose statement of the zoning district to provide residential units near an ____________________________________________________________________________ employment center. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ N/a ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ N/a ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ N/a ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ N/a ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 6 of 8 E-7/11(cid:15)(cid:26)(cid:20)(cid:28)(cid:19)(cid:23)(cid:22)(cid:25)(cid:1)(cid:16)(cid:25)(cid:29)(cid:21)(cid:24)(cid:26)(cid:27)(cid:21)(cid:1)(cid:18)(cid:15)(cid:12)(cid:1)(cid:11)(cid:5)(cid:15)(cid:6)(cid:3)(cid:16)(cid:9)(cid:6)(cid:2)(cid:17)(cid:14)(cid:17)(cid:14)(cid:2)(cid:6)(cid:14)(cid:14)(cid:4)(cid:2)(cid:13)(cid:7)(cid:5)(cid:5)(cid:2)(cid:5)(cid:8)(cid:11)(cid:17)(cid:13)(cid:5)(cid:7)(cid:15)(cid:16)(cid:6)(cid:6)(cid:10) Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ Applicant Name (typed or printed): ___________________________________________________ Alecia Mosadomi Applicant Mailing Address: __________________________________________________________ 111 Congress Ave., Suite 1400 City: ________________________________________ State: ________________ Zip: _______ 78701 Austin TX Phone (will be public information): ____________________________________________________ (512) 479-1143 Email (optional – will be public information): ___________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ Owner Name (typed or printed): __________________________________________________ PAP Realty Partnership/MVE Ventures,Ltd./The WP & AP Ltd. ____ Owner Mailing Address: ____________________________________________________________ 4504 South Congress Avenue City: ________________________________________ State: ________________ Zip: _______ 78745 Austin TX Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Alecia Mosadomi Agent Mailing Address: ____________________________________________________________ 111 Congress Ave., Suite 1400 City: ________________________________________ State: ________________ Zip: _______ 78701 Austin TX Phone (will be public information): ____________________________________________________ (512) 479-1143 Email (optional – will be public information): ____________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 6/26/20 | Page 7 of 8 E-7/12Travis County, Texas Santiago Del Valle Grant, A-24 13.96 Acres Page 1 of 5 "EXHIBIT A " FIELD NOTES DESCRIPTION DESCRIPTION OF 13.96 ACRES OF LAND OUT OF THE SANTIAGO DEL VALLE GRANT, ABSTRACT NO. 24, TRAVIS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 229.712 ACRE TRACT DESCRIBED IN EXHIBIT 'A' IN THE DEED TO MVE VENTURE, LTD. OF RECORD IN DOCUMENT NO. 2010195929, OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; AND 0.14 OF ONE ACRE OF LAND OUT OF THE SANTIAGO DEL VALLE GRANT, ABSTRACT NO. 24, TRAVIS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 0.71 ACRE TRACT DESCRIBED AS BEING THE LAND LYING BETWEEN THE SOUTHWESTERLY LINE OF A CERTAIN CALLED 229.712 ACRE TRACT DESCRIBED IN EXHIBIT 'A' IN THE DEED TO MVE VENTURE, LTD. OF RECORD IN DOCUMENT NO. 2010195929, OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND THE APPROXIMATE CENTERLINE OF ONION CREEK; SAID 0.71 ACRE BEING THE CALLED 0.71 ACRE TRACT DESIGNATED AS TRACT NO. 2 IN THE DEED TO MERLE GOODNIGHT, TRUSTEE, OF RECORD IN VOLUME 4189, PAGE 191, DEED RECORDS OF TRAVIS COUNTY, TEXAS; SAID 13.96 ACRES OF LAND, BEING COMPRISED OF TRACT 1 - 13.82 ACRES AND TRACT 2 - 0.14 OF ONE ACRE, AS SURVEYED BY LANDDEV CONSULTING, LLC, AND SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 1 - 13.82 ACRES: BEGINNING at a 5/8-inch iron rod with a 2-inch aluminum cap stamped "Texas Parks & Wildlife Boundary Corner" found in the west right-of-way line of McKinney Falls Parkway, a variable-width right-of-way, in the west line ofa certain called 12.344 acre tract described in the deed to Travis County, Texas of record in Volume 10064, Page 738, Real Property Records of Travis County, Texas, at the southeast corner of a ce1tain called 1.571 acre tract described in the deed to the Texas Parks and Wildlife Department of record in Document No. 2002089322, Official Public Records of Travis County, Texas, for the no1theast corner and POINT OF BEGINNING of the tract described herein; THENCE leaving the southeast corner of the said 1.571 acre tract, crossing the said 229.712 acre tract, with the west right-of way line of said McKinney Falls Parkway, with the west line of the said 12.344 acre tract, with the east line of the tract described herein, the following nine (9) courses and distances: I. S 41 °23 '33" W, a distance of 543 .71 feet to a ½-inch iron rod with a plastic cap stamped "LAND DEV" set for an angle 2. N 47°47'54" W, a distance of20.00 feet to a ½-inch iron rod with a plastic cap stamped "LANDDEV" set for an angle point, point, 3. S 41 °23 '20" W, a distance of200.00 feet to a ½-inch iron rod found at an angle point, 4. N 50° 15'3 l" W, a distance of I 0.2 I feet to a ½-inch iron rod found at an angle point, 5. S 41 °21 'O l" W, a distance of 200.07 feet to a ½-inch iron rod with a plastic cap stamped "LAND DEV" set for an angle point, 6. N 48°38'59" W, a distance of 10.00 feet to a bent ½-inch iron rod found at an angle point, 7. 8. 9. S 41 °23 '32" W, a distance of 698.98 feet to a ½-inch iron rod with a plastic cap stamped "LAND DEV" set for an angle point, S 48°36'28" E, a distance of 40.00 feet to a ½-inch iron rod with a plastic cap stamped "LANDDEV" set for an angle point, and S 41 °23 '32" W, a distance of 239.86 feet to a calculated point in the south line of the said 229.712 acre tract, same being the north line of a certain called 0.71 acre tract, described as being the land lying between the southwesterly line of the said 229.712 acre tract and the approximate center line of Onion Creek, ofrecord in the said deed to MVE Venture, Ltd. ofrecord in Document No. 20 l O 195929, Official Public Records of Travis County, Texas, said 0.71 acre being the called 0.71 acre tract designated as Tract No. 2 in the deed to Merle Goodnight, Trustee, ofreco!'d in Volume 4189, Page 191, Deed Records of Travis County, Texas, for the southeast corner of the tract described herein; THENCE N 36°29' 16" W, leaving the west right-of-way line of said McKinney Falls Parkway, and the west line of the said 12.344 acre tract, with the southwest line of the said 229 .712 acre tract, same being the north line of the said 0.71 acre tract, with the south line of the tract described herein, a distance of 168.97 feet to a ½-inch iron rod with a plastic cap stamped LDC • 5508 Highway 290 We st, Suite 150, Austin, TX 78735 • (512) 872-6696 TBPE Firm No. 16384 I TBPLS Firm No. 10194101 E-7/13Travis County, Texas Santiago Del Valle Grant, A-24 13 .96 Acres Page 2 of 5 "LANDDEV" set in the called " north south boundary line" of that certain Boundary Line Agreement between Z.T. Scott and the Capital National Bank of Austin, trustee, Merle Goodnight, 0 .0. Bradsher, Sr. and 0 .0 . Bradsher, Jr., and J.N. Jones and Katherine H. Jones, of record in Volume 4213, Page 209, Deed Records of Travis County, Texas, in the east line of a cettain called 574.809 acre tract designated as Tract No . I and described in the deed to the Texas Parks and Wildlife Department of record in Volume 4191 , Page 1562, Deed Records of Travis County, Texas, for the southwest corner of the said 229.712 acre tract and the n01thwest corner of the said 0.71 acre tract, for the southwest corner of the tract described herein; THENCE with the " north south boundary line" of the said Boundary Line Agreement, with the northwest line of the said 229.712 acre tract, and the east line of the said 574.809 acre tract, with the west line of the tract described herein, the following four (4) courses and distances: 1. N 3 1 °36 '44" E, a distance of 622.39 feet to a ½-inch iron pipe found at an angle point, 2. N 62°23 '44" E, a distance of 76.55 feet to a calculated point for an angle point, from which a 60-d nail found bears N 44°47'01 " W, a distance of 1.81 feet, 3. N 25°48'45" E, a distance of921.16 feet to a ½-inch iron pipe found at an angle point, and 4. N 26°18'36" E, a distance of 426.06 feet to a ½-inch iron rod with a plastic cap stamped "KC ENG" found at the southwest corner of the said 1.571 acre tract, for the northwest corner of the tract described herein, from which a 5/8- inch iron rod with a 2-inch aluminum cap stamped "Texas Parks & Wildlife Boundary Corner" found in the east line of the said 574.809 acre tract, and the west line of the said 229.712 acre tract, at the northwest corner of the said 1.571 acre tract, same being an ang le point in the west line of a certain called 33.900 acre tract described in the deed to the Board of Trustees of the Del Valle Independent School District of record in Document No. 2002068034, Official Public Records of Travis County, Texas, bears N 26° 13 '36" E, a distance of 243 .57 feet; THENCE leaving the " north south boundary line" of the said Boundary Line Agreement, and the east line of the said 574.809 acre tract, crossing the said 229.712 acre tract, with the south line of the said 1.571 acre tract, with the north line of the tract described herein, the following two (2) courses and distances: 1. With the arc of a curve to the left, having a radius of 600.00 feet, an arc distance of 412.80 feet, and a chord which bears S 28°55'3 l " E, a distance of 404.71 feet to a 5/8-inch iron rod with a 2-inch aluminum cap stamped "Texas Parks & Wildlife Boundary Corner" found at a point-of-tangency, and 2. S 48°36'04" E, a distance of220.75 feet to the POINT OF BEGINNING and containing 13 .82 acres of land, more or less. TRACT 2 - 0.14 OF ONE ACRE: BEGINNING at a ½-inch iron rod with a plastic cap stamped "LANDDEV" (Grid Coordinates= N: 10,040,703 . 15, E: 3,122,868.42) set in the called "north south boundary line" of that certain Boundary Line Agreement between Z.T. Scott and the Capital National Bank of Austin, trustee, Merle Goodnight, 0.0. Bradsher, Sr. and 0 .0 . Bradsher, Jr., and J.N. Jones and Katherine H . Jones, of record in Volume 4213, Page 209, Deed Record s of Travis County, Texas, in the east line ofa certain called 574.809 acre tract designated as Tract No . 1 and described in the deed to the Texas Parks and Wildlife Department of record in Volume 4191 , Page 1562, Deed Records of Travis County, Texas, for the southwest corner of the said 229.712 acre tract and the northwest corner of the said 0.71 acre tract, for the northwest corner and POINT OF BEGINNING of the tract described herein, from which a ½-inch iron pipe found in the "north south boundary line" of the said Boundary Line Agreement, at an angle point in the west line of the said 229.712 acre tract and the east line of the said 574.809 acre tract bears N 31 °36 ' 44" E, a distance of 622.39 feet; THENCE S 36°29'16" E, leaving the called "north south boundmy line" of the said Boundary Line Agreement, and the east line of the said 574 .809 acre tract, with the southwest line of the said 229.712 acre tract, same being the north line of the said 0.71 acre tract, with the northeast line of the tract described herein, a distance of 168.97 feet to a calculated point in the west right-of-way line of McKinney Falls Parkway, a variable-width right-of-way, in the west line of a certain called 12.344 acre tract described in the deed to Travis County, Texas, of record in Volume 10064, Page 738, Real Property Records of Travis County, Texas, for the northeast corner of the tract described herein, from which a ½- inch iron rod with a plastic cap stamped "LANDDEV" set at an angle point in the west right-of-way line of said McKinney Falls Parkway and the west line of the said 12.344 acre tract bears N 41 °23 '32" E, a distance of 239 .86 feet; THENCE S 41 °23 '32" W, leaving the southwest line of the said 229.712 acre tract, crossing the said 0.71 acre tract, with the west right-of-way line of said McKinney Falls Parkway, and the west line of the said 12.344 acre tract, with the southeast line of the tract described herein, a distance of35.83 feet to a calculated point at the intersection of the approximate centerline of Onion Creek with the west ri ght-of-way line of said McKinney Falls Parkway, at the northeast corner of a certain called 12.459 acre tract LD C • 55 08 Hi ghway 290 W est , Suit e 150, Au stin, TX 78735 • (512) 872-6 696 TBP E Firm No. 16384 I TBPLS Firm No . 10194101 E-7/14Travis County, Texas Santiago Del Valle Grant, A-24 13.96 Acres Page 3 of 5 described in the deed to the Texas Parks and Wildlife Department of record in Document No. 2011004467, Official Public Records of Travis County, Texas, for the southeast corner of the tract described herein; THENCE N 37°28'50" W, with the meanders of the approximate centerline of Onion Creek, with the north line of the said 12.459 acre tract, with the south line of the said 0. 71 acre tract, with the southwest line of the tract described herein, a distance of 161.32 feet to a calculated point at a southeast corner of the said 574.809 acre tract, same being the southwest corner of the said 0.71 acre tract, for the southwest corner of the tract described herein; THENCE N 31 °36' 44" E, with the east line of the said 574.809 acre tract, and the west line of the said 0.71 acre tract, with the west line of the tract described herein, a distance of 40.77 feet to the POINT OF BEGINNING and containing 0.14 of one acre of land, more or less. FOR A TOTAL AREA OF 13.96 ACRES BEING ALL OF TRACT 1 - 13.82 ACRES AND TRACT 2 - 0.14 OF ONE ACRE OF LAND. Bearing Basis: Texas Coordinate System, Central Zone (4203), NAD 83(2011), Grid. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Ernesto Navarrete, 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 parcel of land described herein is based upon a survey performed upon the ground under my direct supervision during the months of September and October, 2020. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this 15 th day of June 2021 A.D. LAND DEV CONSUL TING, LLC 5508 Highway 290 West, Suite 150 Austin, Texas 78735 Ernesto Navarrete Registered Professional Land Surveyor No. 6642 - State of Texas LD C • 550 8 Hi ghw ay 290 W est, Suit e 150, Au stin, TX 7873 5 • {51 2) 872-6696 TBP E Firm No . 16384 I TBPLS Firm No. 10194101 E-7/15(1.571 AC. SPECIAL WARRANTY DEED TEXAS PARKS AND WILDLIFE DEPARTMENT KC DOCUMENT NO. 2002089322, O.P.R.T.C.TX. PAGE 4 OF 5 (33.900 ACRES) SPECIAL WARRANTY DEED BOARD OF TRUSTEES OF THE DEL VALLE INDEPENDENT SCHOOL DISTRICT ' DOC. NO. 2002068034 O.P.R.T.C.TX. TRACT 1 ~ 13.82 ACRES PORTION OF (229,712 ACRES) SPECIAL WARRANTY DEED EXHIBIT A MVE VENTURE, LID. DOC. NO. 2010195929 O.P.R.T.C.TX. / P.O.B. TRACT / ~~INlui~@(Q) IQl~IL ~~!LIL~ @!Rl~INlu ~~~u!Rl~(Gu [i\f](Q)o '.?!"11 (574.809 ACRES) TRACT NO. 1 WARRANTY DEED STATE OF TEXAS VOL 4191 PG. 1562 D.R.T.C.TX. 13.96 ACRES LEGEND 0 1/2" IRON ROD WITH PLASTIC CAP STAMPED "LANDDEV" SET 1/2" IRON ROD WITH PLASTIC CAP STAMPED "KC ENG" FOUND IRON ROD WITH A 2" ALUMINUM CAP STAMPED "TEXAS PARKS & WILDLIFE BOUNDARY CORNER" 0 • 1/2" IRON PIPE FOUND 1/2" IRON ROD FOUND CALCULATED POINT P.O.B. POINT OF BEGINNING O.P .R.T.C.TX. D.R.T.C.TX. R.P.R.T.C.TX. omclAL PUBLIC RECORDS TRAVIS COUNlY, TEXAS DEED RECORDS TRAVIS COUNlY, TEXAS REAL PROPERlY RECORDS TRAVIS COUNlY, TEXAS RECORD INFORMATION SURVEY SKETCH to Accompany Description: TBPE NO: 16384 ·TBPLS NO: 10194101 5508 HIGHWAY 290 WEST SUITE 150 AUSTIN, TX 78735 512.872.6696 LDCTEAMS.COM O' 250' 500' GRAPHIC SCALE: 1" = 250' 13. 96 ACRES TRACT 1 "' 13.82 ACRES& TRACT 2 "' 0.14 ACRE SANTIAGO DEL VALLE GRANT, ABSTRACT NO. 24 TRAVIS COUNTY, TEXAS I: \ P,, :·,, •;\·,1;;:r- l,ld i1 r ,--, Fdl•; l,.lr Tw,· , Fir c-., ,.,, .. , , Fr- ( 1,r,r, , n ,·1<· fl, · ,.,, ,·,1:;:- Ud i1 r , •• , F.-ll·: l,IF l!O '!' Ptrn r•t, TF : . 1 i ·: -,:;r :;· '":/ ;; ,•, ·, E-7/16PAGE 5 OF 5 NOTES: 1. 2. BEARINGS AND DIRECTIONAL CONTROL ARE BASED ON THE SYSTEM, PLANE STATE CENTRAL ZONE, FIPS 4203 NAD83. COORDINATE TEXAS DISTANCES SHOWN HEREON ARE BASED ON SURFACE MEASUREMENTS; TO CONVERT SURFACE DISTANCES TO GRID, MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999958. LINE TABLE LINE BEARING DISTANCE L1 L2 L3 L4 L5 L6 L7 L10 L11 L12 L1 3 L14 L15 s 41 °22'47" w 205.62' N 47°47'54" W (s 4o1o'oa· E) 20.00' (20.00') s 41 °23'20" w {N 43·49'52• E) 200.00' (200.00') N 50°15'31" W (s 45·1o'oa· E) 10.2 1' {10.00') s 41 °21'01" w {N 43°49'52" E) 200 .07' {200.00') N 48°38 '59" W (s 4o 1 o·oa· E) s 48°36'28" E {N 4o10'08" W) 10.00' (10.00') 40.00' (40.00') LB S 41 °23'32" W 239. 86' L9 N 36°29'16" W 168 .97' N 62°23'44" E {N 64'27' E) 76.55' {76.55') S 48°36'04" E {N 4035'04• W) 220.75' (220.93') -------- --- S 41 °23'32" W {S 43' 49'52" W) 35.83' N 37°28'50" W {S 35'33'36" E) 161.32' {159.42') N 31 °36'44" E {N 35'40' E) 40.77' CURVE TABLE C URVE RADIUS ARC LENGTH DELTA CHORD BEARING CHORD LENGTH C1 600.00' 412.80' 39° 25'10" S 28° 55'3 1" E 404.71' (600.00') (413.04') {2054'48") {N 26.51'48" w) (404.93') FILE No. 1425 SURVEY SKETCH to Accompany Description: TBPE NO: 16384 ·TBPLS NO: 101 94101 5508 HI GHWAY 290 WEST SUITE 150 AUSTIN, TX 78735 512.872.6696 LD CTEAMS.COM O' 250' 500' GRAPHIC SCALE: 1" = 250' 13.9 6 ACRES TRACT 1 rv 13. 82 ACRES& TRACT 2 rv 0.14 ACRE SANTIAGO DEL VALLE GRANT, ABSTRACT NO . 24 TRAVIS COUNTY, TEXAS 1: , P,,··, , .,, 1-:~ !.ldirr, ·, r, ·lh t,ff Tw, · / f f c~ , ·., ·. , Ff - C/,f•f• , ti , t, n,· ,·· ,·1/ r t,1dirr, ·, Fdl•· MF T,. -, . . ,·,,· Fl{"IT f•/11f · . , r r,;;r ;;· ':'.i/ ,· r, E-7/17SUBJECT SITE +/- 13.59 acres M C KIN NEY FALLS PK W Y Site Location Map McKinney Falls Apartments 5200 McKinney Parkway Austin, Travis County, Texas 0 150 300 30206308.00 | 11.17.2020 | WGINC.COM 600 Feet I 13.96E-7/18E-7/19