14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility - Staff Report

Planning Commission – May 27, 2025

14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2025-0035 (Crosstown Tunnel Centralized Odor Control Facility) ADDRESS: 6801 FM 969 Road DISTRICT: 1 ZONING FROM: LI-NP TO: P-NP SITE AREA: 2.92 acres (127,195 sq. ft.) PROPERTY OWNER: City of Austin (Thomas VanWinkle, P.E.) AGENT: Axiom Engineers Inc. (Nicole Folta Findeisen, P.E.) CASE MANAGER: Beverly Villela (512-978-0740, Beverly.Villela@austintexas.gov) STAFF RECOMMENDATION: Staff recommendation is to grant Public – Neighborhood Plan (P-NP) combining district zoning. See the Basis of Recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: May 27, 2025: CITY COUNCIL ACTION: July 24, 2025: ORDINANCE NUMBER: No. ISSUES: N/A CASE MANAGER COMMENTS: Please refer to Exhibits A (Zoning Map) and B (Aerial View). The property in question is currently undeveloped and zoned Limited Industrial–Neighborhood Plan (LI-NP) combining district. It is located at 6801 FM 969 Road, covers approximately 2.92 acres, and is within the East MLK Combined Neighborhood Planning Area. FM 969 Road is classified as a Level 4 street according to the Austin Strategic Mobility Plan (ASMP). The applicant is requesting to rezone the property to Public–Neighborhood Plan (P-NP) combining district zoning to construct the Crosstown Tunnel Centralized Odor Control Facility. This facility will include specialized equipment such as biotrickling filters, activated carbon scrubbers, an electrical building, and a water quality pond. These improvements are specifically designed to manage and control odors from the Crosstown Tunnel. Staff recommends approval of the Public–Neighborhood Plan (P-NP )combining district zoning. This zoning is appropriate because it complements the existing wastewater treatment plant directly east of 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility1 of 20C14-2025-0035 Page 2 the property and aligns with the adjacent public park trail to the north, maintaining compatibility and orderly development in the area. The applicant is in agreement with the staff recommendation. Please refer to Exhibits A (Zoning Map) and B (Aerial View) for additional information. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed public (P) district is intended for land owned or leased by federal, state, county, or city government. 2. Zoning changes should promote compatibility with adjacent and nearby uses. proposed rezoning for the odor control facility aligns with the existing wastewater treatment plant to the east and the public park trail to the north. By placing similar public service uses together, this rezoning helps keep the area cohesive and reduces potential disruptions. 3. Zoning changes should promote an orderly relationship among land uses. The proposed rezoning groups similar city facilities together, ensuring that the odor control facility is alongside existing utilities like the nearby wastewater treatment plant and public trail. This placement minimizes conflicts and supports efficient, sensible growth. EXISTING ZONING AND LAND USES: ZONING Site LI-NP North GR-NP; P-NP South LI-NP East West P LI-NP; LR-NP; SF-2-NP LAND USES Undeveloped Convenience Store; Park Trail Undeveloped Wastewater Treatment Plant Undeveloped; Convenience Store, Gas Station; Single Family Residence NEIGHBORHOOD PLANNING AREA: East MLK Combined Neighborhood Planning Ara (MLK-183) WATERSHED: Walnut Creek (Suburban) CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A SCHOOLS: Austin Independent School District Norman-Sims Elementary School Martin Middle School LBJ High School 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility2 of 20 C14-2025-0035 Page 3 East MLK Combined Neighborhood Plan Contact Team, Friends of Austin Neighborhoods, Friends of Northeast Austin, Homeless Neighborhood Association, Overton Family Committee Save Our Springs Alliance COMMISSION To Grant Staff’s Recommendation of CS-1-CO-NP (05/26/2020) To Grant Staff’s Recommendation of CS-MU-NP (06/23/2020) To Grant Staff’s Recommendation of CS-1-MU-NP and CS-MU-CO- NP (08/22/2017) CITY COUNCIL Approved CS-1-CO-NP as Planning Commission Recommended (06/11/2020) Approved CS-MU-NP as Planning Commission Recommended (08/10/2020) Approved CS-1-MU-NP and CS-MU-CO-NP as Planning Commission Recommended (10/09/2017) COMMUNITY REGISTRY LIST: Austin Independent School District, Austin Neighborhoods Council, Colony Park/Lakeside Community Development Corp, Del Valle Community Coalition, Dog’s Head Neighborhood Association, AREA CASE HISTORIES: NUMBER C14-2020-0010 (FM 969 Retail Center) C14-2020-0017 (MLK & 183 Residential) C14-2017-0083 (Mosaic Sound Collective) REQUEST LR-NP to CS-1-NP CS-NP and LI-CO-NP to CS-MU-NP GO-NP to CS-1-MU- NP on Tract 1 and CS- MU-CO-NP on Tract 2 RELATED CASES: N/A ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 6801 FM 969 ROAD. C14-2025-0035. Project: Crosstown Tunnel Centralized Odor Control Facility. 2.92 acres from LI-NP to P-NP. East MLK Combined NP. FLUM: Industry. Existing: vacant. Proposed: utility facility. Yes Y Imagine Austin Decision Guidelines Complete Community Measures * Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: • Adjacent to MLK Activity Corridor 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility3 of 20 C14-2025-0035 Page 4 Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • 0.19 miles to bus stop along Martin Luther King Blvd Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Bike lane present along Martin Luther King Blvd Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education *: Located within 0.50 miles from a public school or university. Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.1 miles to MLK Crossing-Walnut Creek Trail Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) Housing Choice *: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Housing Affordability *: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 5 Number of “Yes’s” Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility4 of 20 C14-2025-0035 Page 5 engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. The site is in the Desired Development Zone. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% According to floodplain maps, there is a floodplain adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2 year storm on site. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire No comments on zoning change. PARD – Planning & Design Review 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility5 of 20 C14-2025-0035 Page 6 Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. Note that this site is adjacent to the easement which contains the Southern Walnut Creek Trail. Any development on this site should respect this easement and any impacts to the trail such as utility line extensions, construction in the critical root zone of trees, etc. should be vetted through PARD. Site Plan Site plans will be required for any new development except for residential only projects with up to 4 units. Any new development is subject to LDC Subchapter E Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. There is a site plan currently under review for this property (SP-2024-0349C) which proposes of an unmanned local odor control facility, including a 1,440 sf electrical building, parking, driveways, sidewalks and associated water, wastewater, drainage and water quality improvements. The site is located within Austin-Bergstrom Overlay (Controlled Compatible Land Use Area). No uses will be allowed that create electrical interference with navigational signals or radio communications between airport and aircraft, make it difficult for pilots to distinguish between the airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the Austin-Bergstrom Airport. Height limitations and incompatible uses with each Airport Overlay zone are established in the Airport Overlay Ordinance. Airport Hazard Zoning Committee review may be required prior to Planning Commission Hearing. This site is located within 150 feet of a wildland area, in the Wildland Urban Interface (WUI). Please see this website for more information about construction in the WUI: http://www.austintexas.gov/department/wildland-urban-interface-code Austin Transportation and Public Works Department – Engineering Review A transportation assessment/traffic Impact analysis shall be required at the time of site plan if triggered, when land uses and intensities will be known per LDC 25-6-113 and TCM 10.2.1. The adjacent street characteristics table is provided below: 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility6 of 20 C14-2025-0035 Page 7 Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) FM 969 RD Level 4 (TxDOT) 154’ 98’ 70’ No Yes Yes TIA: A traffic impact analysis is not required. Traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code (LDC). Austin Water Utility No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility7 of 20 ( ( P A R LIA M ( ( ( SF-2-NP ( ( ( ( ( SF-2-NP SF-3-NP ( ! ! ! ! ! ! ! ! ( ! ! ( ! ( ( ! ! ! C14-2016-0031 SF-2-NP ! ( ( ! ! SP-2007-0228C.SH ( ( ( ( ( ( ( E N T D R ( ( ( SF-2-NP ( ( ( R Y D C N E G E R ( ( ! ( ! ! ! ! ( ( ( ( ( ( ( ( ( ! ! C14-03-0171 ! 03-0171 ! ! CS-MU-V-DB90-NP NPA-2023-0015.01 C14-2023-0087 C14-2007-0058.SH 06-0173 ( 80-115 C14-2017-0083 SP-2007-0386D SF-3-NP C14-2011-0086 NPA-2011-0015.01 R W D N VIE E D R A G SF-3-NP R E D G A L E VIL G A RIT E H ! ! ! ! ! ! P-NP ( ( LI-PDA-NP 96-0010 ! ! ! ! ! ! ! ! ! ! 02-0142.002 P C14-2011-0074 ! ! ! ! ! ! ! ! ! SPC95-0507C ! ! ! ! C14-02-0004 W/LO-CO ( ( CHURCH LR-NP CS-1-CO-NP C14-2020-0010 ( ( ( ( CRAIGWOOD CIR R D D O O W G I A R C ! ! ! CONV. STORE ! LR-NP ! ! ! ! ! ! ! ! ! ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( HUNTLEIGH WAY ( ( ( ( ( ( ( ! ! ! ! ! ! ! ! 02-142.002 86-236 GR-NP 02-142.002 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ! ! ! ! ! ( SF-2-NP ( ! ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( LITTLE HILL CIR ( ( ( ( SF-2-NP ( ( ( ( SHERWYN DR ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( LITTLE HILL CIR ( ( 760429-B 75-126 R D E E B C M LI-NP ( ( ( ( ! ! ! ! ! ( ( ( ( ( ( ! SF-3-NP ! ! ! ! ! ! ( ! ! ! ! ! ! ! ( ! ! SP-01-0443D ! ! ! ( ( ( SF-2-NP ( ( ! ! ( ! ! ! ! ! ! ! M A R C EL G ( ! ( ! R E S D R ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ZONING J O H N N Y M O R R I S R D SF-3 MOBILE HOM E PARK LI FM 969 RD SPC-99-2018C SPC-01-0020C P R86-032 WALNUT CREEK WASTEWATER TREATMENT PLANT SPC-05-0028C ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING CASE#: C14-2025-0035 ! ! ! ! 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 " = 400 ' ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Created: 2/28/2025 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility8 of 20 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-2025-0035C14-2011-0074C14-2023-0087NPA-2023-0015.01C14-2016-0031NPA-2011-0015.01C14-2017-0083C14-2011-0086C14-02-0004C14-03-0171C14-2020-0010C14-2007-0058.SHFM 969 RDMC BEE DRCRAIGWOOD DRJOHNNY MORRIS RDREGENCY DRPARLIAMENT DRMARCEL GRES DRHUNTLEIGH WAYLITTLE HILL CIRHERITAGE VILLAGE DRSHERWYN DRGARDEN VIEW DRCRAIGWOOD CIRLITTLE HILL CIRPPLI-NPLISF-3P-NPLI-PDA-NPSF-2-NPCS-MU-V-DB90-NPGR-NPSF-3-NPSF-2-NPSF-2-NPLR-NPSF-2-NPSF-2-NPSF-3-NPSF-2-NPSF-2-NPLR-NPSF-2-NPSF-3-NPSF-2-NPSF-3-NPSF-2-NPCS-1-CO-NPCrosstown Tunnel Centralized Odor Control Facility±This product has been produced by Planning Department for the sole purpose of geographic reference. No warranty ismade by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:MANAGER:C14-2025-00356801 FM 969 Rd2.92 AcresBeverly VillelaCreated: 3/5/2025SUBJECT TRACTZONING BOUNDARY!!!!!PENDING CASECREEK BUFFER1 inch equals 400 '14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility9 of 20August 8, 2024 Ms. Kara Weinstein Public Projects City of Austin Development Services Department City of Austin Permitting Development Center 6310 Wilhelmina Delco Drive, Austin, TX 78752 Subject: Crosstown Tunnel Centralized Odor Control Facility CIP Subproject ID: 6943.027 FDU: 4480 2307 4936 Dear Ms. Weinstein: Crosstown Tunnel Odor Control Facility (the “project”) is a new odor control facility located at 6801 FM Road 969, Austin Texas 78724. The project includes the installation of four biotrickling filters, four activated carbon scrubbers, an electrical enclosure, a water quality pond, and appurtenant improvements to provide odor control treatment for the 96-inch Crosstown Tunnel which passes under the site. The site will add 26,000 square feet of impervious cover due to a new access road, pads for the biotrickling filters, and an 1,440 square foot pre-fabricated electrical enclosure. The City of Austin (Austin Water) will own and operate all improvements. The following items are pertinent to the site plan application. • We request that the requirement for an Environmental Resource Inventory by waived on the grounds that the area has been significantly disturbed in the past by the construction of FM 969 and several buried utilities, and the only proposed construction in the critical water quality zone (CWQZ) is a stormwater pipe that crosses perpendicular to the CWQZ to outfall to Walnut Creek and will be revegetated with native seeding per 609S. The pipe outfalls in an armored section of the creek. • We request that the requirements for an Erosion Hazard Zone Analysis be waived on the grounds that the banks of Walnut Creek at the discharge location are rock armored and therefore not susceptible to erosion. • The project area lies entirely within the 2.92 acre tract is owned by the City of Austin. A copy of the condemnation document is attached for reference. City legal has informed us this document is the legal deed. • The project is located within Walnut Creek Watershed, which is classified as suburban. The project shall be developed, constructed, and maintained in accordance with Chapter 25 of the City of Austin Land Development Code. 8310-1 N Capital of Texas Hwy, Suite 250|Austin, TX 78731 | tel: 512-652-1100 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility10 of 20 City of Austin Crosstown Tunnel Odor Control Facility August 2024 Page 2 • The entirety of the site is located outside of the critical water quality zone and the 100-year floodplain (except the storm outfall), per City of Austin and Federal Emergency Management Agency flood insurance rate maps. Map Number 48453C0470K, dated January 6, 2016. • RSMP has been requested and a feasibility meeting was conducted on June 20, 2024. It was determined that this site is a good candidate for RSMP and will be reviewed under formal site plan review. A discharge permit is being coordinated with TxDOT, who owns the land and will accept the increased flows at the point of discharge. Correspondence with their drainage reviewer is attached for reference. A formal discharge permit will be submitted once finalized. • The entire property is zoned LI-NP, which is consistent with zoning for the type and size of facility proposed for the site. • No project phasing is proposed. • Water quality is being provided by a sedimentation/biofiltration pond sized to capture the new impervious cover, with additional capacity for potential future utility improvements. • No landfill activities (new or closures) are proposed. • No embankments which are six feet or higher in finished height are proposed and no dam safety compliance issues are therefore anticipated. In general, the proposed water quality pond is primarily set into excavations below grade and containment berms are therefore relatively short. • A waiver to 25-7-61 of the land development code (2-year detention) is being requested due to non-erosive conveyance of flow to the discharge point through a system of pipes and rock rip- rap banks in Walnut Creek. The project as designed complies with applicable requirements of the City of Austin Land Development Code with the exceptions noted above. If you have any questions, feel free to call. Sincerely, Ellyn Weimer, PE CDM Smith, Inc TBPE Firm Registration No. F-3043 8310-1 N Capital of Texas Hwy, Suite 250|Austin, TX 78731 | tel: 512-652-1100 08-07-202414 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility11 of 20 FILE COPY ORIGINAL FILED FORRECORD CAUSE NO. C-l-CV-21-003255 F~led 0111812023 5:0418 PM Dyana LimonMercado Travis ty Soteo Idays CITY OF AUSTIN, TEXAS Plaintiff; vs. KARLIN TRACOR LANE, LLC, A DELAWARE LIMITED LIABILITY COMPANY Defendant. § CONDEMNATION PROCEEDING FILED § § § IN PROBATE COURT NO. I § § § OF TRAVIS COUNTY, TEXAS JUDGMENT OF THE COURT IN ABSENCE OF OBJECTION BE IT REMEMBERED: That on the below shown date there came on to be heard and considered the Award of Special Commissioners filed on November 9, 2022 (the “Award”), with the Clerk of the Court in the above entitled and numbered cause, which is a condemnation proceeding in which the City of Austin, Texas (the “City”) is Condemnor and Karlin Tracor Lane, LLC, a Delaware Limited Liability Company is the Condemnee. It appears to the Court, and it is so found, that no objection to the Award was flied within the time period provided by law and that the Award has been filed with the Clerk of this Court. It is, therefore, ORDERED, ADJUDGED, and DECREED by the Court as follows: I. That the Award be, and the same is hereby, made the Judgment of this Court; that the Clerk record this Judgment in the minutes of this Court; and 2. That the Special Commissioners found and determine and accordingly assessed the compensation due and owing to the Condemnees for said real property interest hereinafter described in the attached “Exhibit A” and “Exhibit B” to be the sum of Five Million Four Hundred Fifty Thousand and 00/100 Dollars ($5,450,000.00). The City deposited the amount of the Award with the Court on November 30, 204~~ 1 9 ~ sWhI ~ ~~ 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility12 of 203. That by virtue of the Award, the City is entitled to condemn and does hereby have Judgment for a Fee Simple Interest with the right and privilege at any and all times to enter said premises, or any part thereof~ to construct, operate and maintain an Odor Control Facility in, upon and across, the tract of land as described in “Exhibit A.” 4. That by virtue of the Award, the City is entitled to condemn and does hereby have Judgment for a Drainage and Access Easement, needed to allow the City the right and privilege to construct, operate, maintain, repair, replace, and upgrade a drainage channel and related facilities in, upon and across and an easement to construct. use, maintain and replace a controlled accessway in, over, upon, and access the tract of land as described in “Exhibit B.” 5. That the City is hereby awarded a writ of possession for a Fee Simple Interest, and that the Clerk of this Court issue said writ of possession upon the request of the City. 6. That the City is hereby awarded a writ of possession for a Drainage and Access Easement, and that the Clerk of this Court issue said writ of possession upon the request of the City. 7. No costs of this condemnation will be assessed against Defendant. The City agrees and guarantees that it will pay all court costs, filing fees, Special Commissioners’ fees, court reporter fees associated with the subject condemnation. Such costs are to be paid to the County Clerk of Travis County, Texas. SIGNED on this _______ day of _________________________. 2022. Signed on: Ju~ 18. 2023 lion. Gu~ He~ rn.in, I IobAtc t 0tH 1 I Dyana Lirnon44ercado1 County Clerk, Travis County, Texas, do hereby cerUfy Lhat this Is a true and correct copy as same appears of record in my office. Wltaess my hand and seal of office on (I 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility13 of 20APPROVED AS TO FORM AND PREPARED BY: I / ; ~~~7// ~ U/Ci/ør~ ~/ ANG,ELA C. ROD~JGUEZ AS%STA4JT CIT’k~ ATTORNEY State Bar ~Jo. 24013415 City of Au~tin— Law Department P.O. Box 1546 Austin, Texas 78767-1546 ANGELA.RODRIGUEZ@austintexas.gov (512) 974-2268 (512) 974-6490 [FAX] ATTORNEY FOR CONDEMNOR CITY OF AUSTIN, TEXAS CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing Judgment of the to the following parties on the 22nd day of in Absence of Objection has been sent Court December, 2022 Via E-Mail and E-Service Karl in Tracor Lane, LLC Christopher M. Clough Barron, Adler, Clough & Oddo 808 Nueces Street Austin, Texas 78701 Via CMRRR JP Morgan Chase Registered Agent: CT Corporation System, 1999 Bryan Street, Suite 900 Dallas, Texas 75201-3 136 I / ~1 ANGRLACr RODRIGUEZ ASSL~TAN’F C1T~’V ATTORNEY / Dyana Limon~Mercado County Clertc Travis (~nirn~ Texas, do hereby certify that thJs s a tn~ie and •~ 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility14 of 20EXHIBIT “A” Page] of] 2.9219-ACRE TRACT, OUT OF JAMES BURLESON SURVEY NO. 19, ABSTRACT NO.4 TRAVIS COUNTY, TEXAS LEGAL DESCRIPTION FOR PARCEL 4914.01 FIELD NOTES FOR A TRACT OF LAND, CONTAINING 2.92 19 ACRES OF LAND, OUT OF THE JAMES BUR.LESON SURVEY NO. 19, ABSTRACT NO. 4, TRAVIS COUNTY, TEXAS, AND OUT OF A CERTAIN 143.144-ACRE TRACT OF LAND, CONVEYED TO KARLIN TRACOR LANE, LLC, A DELAWARE CORPORATION, PER SPECIAL WARRANTY DEE]) 2020139775, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. SAIl) TRACT OF LAND CONTAINING 2.9219 ACRES OF LAND, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON THE ATTACHED SKETCH: COMMENCING POINT being a 1/2 inch iron found on the south Right of Way line of F.M. 969, for the northwest corner of a 37.83-acre tract of land, described as Tract 3 out of said 143.144-Acre Tract, conveyed to Karlin Tracor Lane, LLC, a Delaware Corporation, per Special Warranty Deed 2020139775, of the Official Public Records of Travis County, Texas, thence S 80°55’18” E, 252.20 feet, along the south right of way line of FM 969, and continuing along the south right of way line of FM 969, along a curve to the right, having a radius of 3769.80 feet, a long chord bearing S 77°16’47” B, 506.66 feet, for an arc distance of 507.04 feet, to a 1/2” iron rod found for the northwest corner of a 19.969-acre tract of land, described as Tract 2 out of said 143,144-Acre Tract and the northwest corner of the herein described tract, containing 2.9219 acre of land, same being the POINT OF BEGINNING; 1) THENCE, along the south right of way line of FM 969, along a curve to the right, having a radius of 3769.80 feet, a long chord bearing S 69°33’23” E, 342.41 feet, for an arc distance of 342.53 feet, to a calculated point; 2) THENCE along a curve to the right, having a radius of 2785.00 feet, a long chord bearing S 00°30’46” B, 319.95 feet, for an arc distance of 320.12 feet, traversing said 143.144-acre tract, to a calculated point; 3) THENCE, N 79°04’47” W, 401.11 feet, traversing said 143.144-acre tract, to a calculated point; 4) THENCE N 1 0°55’ 13” E, 370.25 feet, traversing said 143.144-acre tract, to the POINT OF BEGINNING and CONTAINING 2.92 19 acres of land. The bearings described herein are Texas State Plane Grid bearings (Texas Central Zone, NAD83 (CORS), U.S. Feet) BEARING BASIS NOTE: Date Prepared: November 30, 2020 2i REFERENCES TCAD #0213300301 AUSTIN GRID N24 Austin, Tx 78723 512-447-7400 FLDf~flTES PE’.IEWED 12/02/20 C~T~O~ i~IiST~N PUBLiC ~‘JC~nK5 OFPAfl1MEN~’ iM~ I, Dyana Limon-Mercado County Clerk, Travis Counbc ia~s, do hereby cartlf~’ ihat this is a Inie and correct copy, as same appears of record m m” omo.:. ~‘Imerr my nend and seal of office on Dvana Limofl-~.;er~-do, Cou~t”~ / 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility15 of 20SKETCH TO ACCOMPANY LEGAL DESCRIPTION — LEGEND — SOUNDARY UNE RON ROD FOUND A L9..~,. CALCULATED ~oit~r 5/5” IRF -N’=10077O53.44 •E=3141660.23 CR10 PARCEL 4914.01 TRACT 1 2.9219 ACRES OUT OF 143.144 ACRE TRACT DOC. NO. 2020139775 z ~ coo 0< Bp’ 40’ y ap, DATE: PROJECT 11—30—2020 NO. S20.02.20.O1 CURVE DATA CURVE fi ci LENGTH CHORD BEARING RADIUS 342.53’ 342.41’ S69’33’23E 3769.80’ 02 320.12’ 319.95’ SOO’3O’46~E 2785.00’ I 4.57’ I 4.57’ S66’55’O7~E 13769.80’ SURVEYOR’S CERTIFICATION The undersigned does hereby certify that this boundary survey was this day, marts on the ground, an the property legaLly descrIbed heroan, arid Is correct, and there are no discrepancies, conflicts, shortages In area, boundary line conflicts, improvements, vi~ibTe encroachments, overlapping of utility lines, or reads in place, except as shown herson, and that nold property hoe atones to and from a dedicated roadway, except as shown hareon. This survey was performed without benefit of a title search. the Bearing basis for this survey is Texas State Plane coordinates (NAD83), Central Texas Zone (4203). Combined Scale Factor = 0.999970. PARCEL 4914.01, TRACT 1, 2.9219 ACRES TRAVIS COUNTY, TEXAS KARLIN TRACOR LANE, LLC F.M. 969, AUSTIN, TEXAS IT~ 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility16 of 20EXHIBiT “B” Page 1 nfl 9463 SQUARE FEET TRACT, OUT OF JAMES J3URLESON SURVEY NO. 19, ABSTRACT NO.4 TRAVIS COUNTY, TEXAS LEGAL DESCRIPTION FOR PARCEL 4914.01 DRAINAGE AND ACCESS EASEMENT FIELD NOTES FOR A TRACT OF LAND, CONTAINING 9463 SQUARE FEET OF LAND, OUT OF THE JAMES BURLESON SURVEY NO. 19, ABSTRACT NO. 4, TRAVIS COUNTY, TEXAS, AND OUT OF A CERTAIN 143.144-ACRE TRACT OF LAND, CONVEYED TO KARLIN TRACOR LANE, LLC, A DELAWARE CORPORATION, PER SPECIAL WARRANTY DEED 2020139775, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. SAID TRACT OF LAND CONTAiNING 9463 SQUARE FEET OF LAND, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON THE ATTACHED SKETCH: COMMENCING POINT being a 1/2 inch iron found on the south Right of Way line of F.M. 969, for the northwest corner of a 19.969-acre tract of land, described as Tract 2 out of said 143 .144-Acre Tract of Land, conveyed to Karlin Tracor Lane, LLC, a Delaware Corporation, Per Special Warranty Deed 2020139775, of the Official Public Records of Travis County, Texas, thence along the south right of way line of FM 969, along a curve to the right, having a radius of 3769.80 feet. a long chord bearing S 69°33’23” E, 342.41 feet, for an arc distance of 342.53 feet, to a calculated point for the northwest corner of the herein described 9463 square feet tract, same being the POINT OF BEGINNING; 1) THENCE along the south right of way line of FM 969, along a curve to the right, having a radius of 3769.80 feet, a long chord bearing S 66’~’55’07” E, 4.57 feet, for an arc distance of 4.57 feet, to a 1/2” iron rod found for end point of curvature, continuing S 63°02’45” E, 30.01 feet to a 5/8 inch iron rod found on the west property line of a 219.186 acre tract of land conveyed to the State of Texas per Deed Record Volume 11339, Page 2005, for the northeast corner of said 143.144-acre tract of land and northeast corner of the herein described 9463 square feet tract; 2) TI-IENCE, along the east property line of said 143.144-acre tract, along a curve to the right, having a radius of 2815.00 feet, a long chord bearing S 00°17’29” E, 310.25 feet, for an arc dIstance of 3 10.40 feet, to a calculated point for the southeast corner of the herein described tract; 3) THENCE, N 79°04’47” W, 30.30 feet. traversing said 143.144-acre tract, to a calculated point for the southwest corner of the herein described tract; 4) THENCE along a curve to the left, having a radius of 2785.00 feet, a long chord bearing N 0O°30’46” W, 319.95 feet, for an arc distance of 320.12 feet, traversing said 143.144-acre tract, to the POINT OF BEGINNING and CONTAINING 9463 square feet of land. The bearings described herein are Texas State Plane Grid bearings (Texas Central Zone, NAD83 (CORS), U.S. Feet) BEARING BASIS NOTE: Date Prepared: November 30, 2020 By: I 3501 ManorRd Austin, Tx 78723 512-447-7400 F~RnfrJTEs FU/V~WED ~ 12/02/20 C~TYOr AUSTiN PUE~L~C VIORKS DrrARTMENT REFERENCES TCAD #0213300301 AUSTIN GRID N24 I Dyaria Limon-Mercado County Clerk, Travis Cowlt)c fexas, do hereby cattily {hat this Is a true and copy as same appears of record in my offlce~ my hand and seal of office on Wltn ~) D~ L ~ 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility17 of 20SKETCH TO ACCOMPANY LEGAL DESCRIPTION LANDSCAPE EA.SEL4ENT COY OF AU51IN 5415/1110 LEGEND — BOUNDARY UNE PROPERlY UNE RON ROD FOUND CALCULATED POINT WAS~EWATER MANHOLE ww 0 PARCEL 4914.01 TRACT 2 9463 S.F. OUT OF DOC. 143.144 ACRE TRACT NO. 2020139775 KARUN TRACOR LANE, tiC 143.144 ACRE TRACT DOE. NO. 2020139775 Bearing basis for this survey is Texas State Plane coordinates (NA083), Central Texas Zone (4203). Combined Scale Factor = O.999g70. SURVEYOR’S CERTIFICATION The undersigned does hereby certity that this boundary survey. was this day, made on the ground, on the property legally described herean, and is correct, and there are no discrepancies, conflIcts, shortages in ores, boundary line conflicts, enconts, overlapping of Improvements, vielbte utility tines, or made in place, except ox shown herean. and that sold property hoe access to and from o dedicated roadway, except as shown hernan. This survey woe performed without benefit of a title eeoroh the 82’ 4p’ 9 80’ DATE: PROJECT 11—30—2020 NO. S20.02.20.01 CURVE DATA CURVE # 03 C4 05 LENGTH CHORD BEARING RADIUS 4.57’ 4.57’ S56~55’07~E 3769.80’ 310.40’ 310.25’ SOO’17’29~E 2815.00’ 320.12’ 319.95’ NOO’30’46”W 2785.00’ PARCEL 4914.01, TRACT 2, 9463 S.F. TRAVIS COUNTY, TEXAS KARLIN TRACOR LANE, LLC F.M. 969, AUSTIN, TEXAS I~Li.AffiDm~r_l~ 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility18 of 20Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Fred Fernandez on behalf of Angela Rodriguez Bar No. 24013415 fred.fernandez@austintexas.gov Envelope ID: 71238275 Status as of 12/22/2022 10:12 AM CST Associated Case. Party: CITY OF AUSTIN, TEXAS Name BarNumber Email TimestampSubmitted Status Cathy Curtis cathycurtis~austintexasgov 12/22/2022 8:42:47 AM SENT Angela C.Rodriguez angela.rodriguez~austintexas.gov 12/22/2022 8:42:47 AM SENT Fred L.Fernandez fred.fernandez~austintexas.gov 12/22/2022 8:42:47 AM SENT Associated Case Party: KARLIN TRACOR LANE, LLC, A DELAWARE LIMITED LIBAILITY COMPAN Name BarNumber Email TimestampSubmitted Status Christopher M. Clough 24044802 cIough~barronadler.com 12/22/2022 8:42:47 AM SENT Amanda Glasscock aglasscock~barronadler.com 12/22/2022 8:42:47 AM SENT Andrew York york@barronadler.com 12/22/2022 8:42:47 AM SENT ~4Iv~~~ I Dyana Limon-Mer~do County Clerk, Travis Counfy~ 1~exas, do hereby certi~, ihat this Is a true and lMtriessmy hand and seal of office on PYassmeappea~re~rdInmyGfflc~ Dyana Urnon~Me,ca~ Gouniyc~ •IJ 8yD 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility19 of 20AFTER RECORDING, RETURN TO: (512) 974-5649 Attention: Cathy Curtis P.O. Box 1088 Austin, Texas 78767-1088 Physical Address: 505 Barton Springs Road Suite 1350 Austin, Texas 78704 File Number: 4914.01 Project Name: Crosstown Tunnel Project copy OFFICIAL PUBLIC RECORDS Dyana Limon-Mercado, County Clerk Travis County, Texas 2023007174 Jan 23, 2023 11:46AM PEREZTA Fee: $58.00 14 C14-2025-0035 - Crosstown Tunnel Centralized Odor Control Facility20 of 20