R-05-08-11-11B2 - 8/11/2005 RESOLUTION NO. R-05-08-11-11B2
WHEREAS, Merion 100, L. P. ( "Developer") is in the process of
filing an application with the City of Round Rock ("City") seeking the
City' s consent to the creation of a Municipal Utility District on
property owned by the Developer, and
WHEREAS, the City and Developer desire to enter into a
Development Agreement to assure that the property is developed and
adequately provided with water and wastewater service in a timely
manner, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Development Agreement with Merion 100, L.P. , a
copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 11th day of August, 2005 .
NYL LL, y
City Round Rock, Texas
A T:
CHRISTINE R. MARTINEZ, City Secre ry
@PFDEsktop\.::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50811H2.WPD/sc
DEVELOPMENT AGREEMENT
Merion 100, L.P., a Texas Limited Partnership, (hereinafter the "Developer,") and the
CITY OF ROUND ROCK, a Texas municipality of the County of Williamson, State of Texas,
(hereinafter the "City,") collectively hereinafter referred to as "the Parties," do hereby enter into
this Annexation and Development Agreement (hereinafter the "Agreement") for the purposes of
providing for an adequate network of water, wastewater and transportation services to serve the
development project described herein, and
Whereas, Developer is the owner of a 99.52 acre tract of land, hereinafter"the Property,"
as described in Exhibit"A", attached hereto and incorporated herein; and
Whereas, Developer is in the process of filing an application with the City seeking the
City's consent to the creation of a Municipal Utility District ("MUD") on the Property, and
Whereas, the Parties are desirous of assuring that the Property is developed and
adequately provided with water and wastewater service in a timely manner;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties hereby agree as follows:
Section 1. Developer Participation
A. Utility Extension. The City has determined and the Developer acknowledges that
the existing planned water and wastewater utilities must be extended and sized to
serve the development of the Property, including a 40 acre school site, as intended
by Developer. In consideration for the City agreeing to provide water and
wastewater service to the Property, Developer agrees to pay any and all costs
associated with the design and construction of all utility extensions required to
service the Property. All on-site utilities shall be conveyed at a future date to the
MUD, which may reimburse Developer for utility costs.
B. Transportation — Sam Bass Road. Developer agrees to dedicate in fee simple to
the City, with the recordation of the first final plat, all right-of-way along Sam
Bass Road such that the total width of the right-of-way for Sam Bass Road is one
hundred and twenty feet (120'). Additionally, Developer agrees to pay the City,
prior to recordation of the first final plat, Thirty-Seven Thousand, Five Hundred
and No/100 Dollars ($37,500.00), said sum to be utilized as the Developer's pro
rata share for the installation and construction of a traffic signal on Sam Bass
Road.
88508.doc/cdc EXHIBIT
E
"All
r �
C.
Transportation Behrens Parkway. Developer or the MUD agrees to acquire, on
behalf of the City, either as an easement or in fee simple, as determined by the
City, a tract of land from Hyland North Joint Venture, wide enough to
accommodate the extension of Behrens Parkway through said tract to the
Property. Additionally, Developer agrees to acquire a tract of land between the
MUD and Great Oaks Blvd. wide enough to accommodate the extension of
Behrens Parkway through said tract to Great Oaks Boulevard. Developer agrees
to construct the extension of Behrens Parkway on said tract when any of the
Property abutting said tract is subdivided. The construction funds for the Behrens
Parkway extension, shall be placed into escrow with the City where requested by
the City.
D. Easements. Developer shall be responsible for acquiring any and all easements
needed to provide transportation or utility service to the Property. Specifically,
Developer or the MUD shall use its best efforts to acquire an easement from
Highland North Joint Venture, wide enough to acquire a second waterline to the
MUD. Developer shall be responsible for design and construction of this second
waterline, including all necessary appurtenances, as soon as the easement is
acquired.
E. MUD Application The Developer has filed an application with the City seeking
the City's consent to the creation of a MUD.
F. Parkland Acquisition The Developer acknowledges that the City's customary fee
for the granting of its consent to the creation of a MUD is eight percent (8%) of
the amount of bonds issued by the MUD. The Developer and the City agree that,
in lieu of said 8% fee, the City will consider accepting approximately 15 acres of
parkland west of IH-35 at a location jointly agreed to by the City and the
Developer, to be acquired by Developer, the cost of same not to exceed
$300,000.
G. Lift Station. In the event a wastewater lift station is required to serve any lots
within the MUD, the Developer and/or the MUD will be solely responsible for all
costs related to the construction, operation and maintenance of said lift station.
H. Fire Protection As part of the Consent Agreement, the City will consider
providing fire protection service to the MUD.
1. Subdivision Improvements. Developer will design and construct the public
subdivision improvements according to all of the City's ordinances and
regulations in existence at the time of permit review. The Subdivision
Improvement plans shall be submitted for review and acceptance prior to
construction. Construction of infrastructure shall be subject to City inspection.
The City shall acknowledge completion of the subdivision when construction is
2
complete and has passed all applicable testing. Sidewalks shall be installed
pursuant to City regulations prior to occupation of homes within MUD.
J. Consent Agreement. Developer acknowledges that the Consent Agreement will
cover issues that are not addressed in the Agreement.
K. Wholesale Water and Wastewater Service to MUD. The City agrees to enter into
a wholesale water and wastewater utility service agreement with the Developer
and/or the MUD on the terms set forth in Exhibit `B". This agreement will
include any other standard terms contained in City wholesale water and
wastewater service contracts that are not a conflict with the terms of Exhibit "A".
The MUD will provide certain water and wastewater services within its boundary.
L. Impact Fees. Developer shall collect impact fees from builders and pay to City on
quarterly or monthly basis, as determined by the City.
M. Behrens Parkway. Behrens Parkway extension funds in the amount of$27,347.00
will be escrowed with the City,when requested by City.
N. Building Permits. The City shall not issue building permits nor conduct building
inspections for homes within the MUD.
O. Plat Notes. The Developer shall provide on all plats those plat notes required by
Williamson County to assign responsibility for the maintenance of all
infrastructure other than county roads.
Section 2. General Provisions
A. Assignment. This Agreement, any part thereof, or any interest herein shall not be
assigned by Developer without the express written consent of the City.
B. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties. Forbearance or indulgence by the City shall not constitute a
waiver of any covenant or condition to be performed pursuant to this Agreement.
C. Venue. Venue of any action brought hereunder shall be in Williamson County,
Texas.
D. Third Party Beneficiaries. For purposes of this Agreement, including its intended
operation and effect, the Parties specifically agree that (1) the Agreement only
affects matters/disputes between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's lender, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the City or Developer or both;
3
and (2) the terms of this Agreement are not intended to release, either by contract
or operation of law, any third person or entity from obligations owing by them to
either the City or Developer.
E. Authority to Act. The Parties each represent and warrant that the signatories on
this Agreement are authorized to execute this Agreement and bind his/her
principals to the terms and provisions hereof. Each party warrants that any action
required to be taken in order for this Agreement to be binding on it has been duly
and properly taken prior to the execution of this Agreement.
F. Incorporation of Recitals. The recitals contained at the beginning of this
Agreement shall be deemed a part of this Agreement and hereby are incorporated
by reference herein.
G. Covenant Running With the Land. The covenants contained herein shall run with
the land and bind all successors, heirs and assignees of the property owner. In
addition, this Agreement shall be filed of record in the Real Property Records of
Williamson County, Texas as evidence thereof.
IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in
two (2) counterparts, each of which shall be deemed an original on this the_day of ,
2005.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
Merion 100, L.P.
A Texas Limited Partnership
By: R/R Bandon Dunes Company, L.L.C.
a Texas Limited Liability Company,
its General Partner
Robert D. Wunsch, President
4
I
i
THE STATE OF TEXAS §
§ CITY OF ROUND ROCK
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
This instrument was acknowledged before me on this the day of ,
2005, by NYLE MAXWELL, Mayor of the CITY OF ROUND ROCK, a Texas municipality
of the County of Williamson, State of Texas, on behalf of said municipality.
Notary Public in and for the State of Texas
Notary's Printed Name
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
This instrument was acknowledged before me on this the day of
2005 by ROBERT D. WUNSCH, President of R/R Bandon Dunes Company, L.L.C., a Texas
Limited Liability Company, General Partner of MERION 100, L.P., a Texas Limited
Partnership, on behalf of said company.
Notary Public in and for the State of Texas
Notary's Printed Name
5
EXHIBIT "A"
Field Notes for 99.52 acres
99.52 ACRES FN NO 946
JAMES GARLAND WALSH, JR. November 24, 2004
JOB NO. 213-32.54
DESCRIPTION
OF A 99.52 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE
WILLIAM KINCAID SURVEY, ABSTRACT NO. 374 AND THE EPHAIM EVANS
SURVEY,ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION OF THE 1848.03 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH, RECORDED IN VOLUME 420, PAGE 538, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE FORTY-SIX AND ONE-
HALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH, JR., RECORDED IN DOCUMENT NO. 9508005, OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF
THE FORTY-SIX AND ONE-HALF PERCENT INTEREST IN THE 166.48 ACRE
TRACT CONVEYED TO AVONIA ELIZABETH JAECKS, RECORDED IN
DOCUMENT NO. 9508006, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND A PORTION OF THE ONE AND ONE-HALF PERCENT
INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES GARLAND
WALSH, JR., RECORDED IN DOCUMENT NO. 9618420 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE ONE
AND ONE-HALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED
TO AVONIA ELIZABETH JAECKS, RECORDED IN DOCUMENT NO. 9618421, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 99.52 ACRE
TRACT BEING ALL OF TRACT A, TRACT B AND TRACT C BEING MORE
PARTICUALARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT A
BEGINNING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract and an
ell comer of a 474.91 acre tract conveyed to Hy-Land North Joint Venture, recorded in Volume
639, Page 693, Deed Records of Williamson County, Texas, same being in the north line of
County Road 175 (Sam Bass Road), for the southeast corner hereof,
THENCE, along the south line of said 166.48 acre tract and the north line of County Road 175,
the following seven(7) courses and distances:
1) S87°05'32"W. a distance of 104.58 feet to a 1/2 inch iron rod found for an angle point
6
hereof,
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found for an angle point
hereof;
3) S88°15'45"W, a distance of 519.78 feet to a 1/2 inch iron rod found for an angle point
hereof;
4) N89°08'50"W, a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for an angle point hereof;
FN 946
PAGE TWO
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.)set for an angle point hereof;
6) N53°14'50"W, a distance of 44.64 feet to a calculated point for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.) set for an angle point hereof,
THENCE, leaving the north line of County Road 175, through said 166.48 acre tract, along the
east and north line of a proposed 40.41 acre tract,the following six(6) courses and distances:
1) N22040'3 7"E, a distance of 1180.78 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for a point of curvature hereof;
2) along a curve to the left, having a radius of 800 feet, a delta angle of 08058'13", a chord
distance of 125.12 feet (chord bears N1801 1'30"E), an arc distance of 125.25 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for an
angle point hereof;
3) along a curve to the right, having a radius of 800.00 feet, a delta angle of 08°01'54", a
chord distance of 112.05 feet (chord bears N71°20'20"W), an arc distance of 112.14 feet to
a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set
for a point of tangency hereof;
4) N67°19'23"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)set for a point of curvature hereof;
5) along a curve to the left, having a radius of 800.00 feet, a delta angle of 43°43'11", a chord
distance of 595.74 feet (chord bears N89°10'58"W), an arc distance of 610.44 feet to a 1/2
7
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for a
point of tangency hereof; and
6) S68°57'26"W, a distance of 585.22 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set in the west line of Tract 1 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No. 200401907, of the
Official Public Records of Williamson County, Texas, for an ell corner hereof;
THENCE, through the said 166.48 acre tract, along the west line of said Tract 1,N19°37'57"W,
a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set for the southwest corner of Tract 2 of said Brushy Creek Municipal
Utility District deed, for the northwest comer hereof,
THENCE, through the said 166.48 acre tract, along the south line of said Tract 2, N69°28'27"E,
a distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of said 166.48 acre tract and a west line of said 474.91
acre tract, for the northeast comer hereof;
FN 946
PAGE THREE
THENCE, along the east line of said 166.48 acre tract and a west line of said 474.91 acre tract,
S20°33'16"E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 99.45
acres of land area, more or less, within these metes and bounds.
TRACT B
COMMENCING, at a 1/2 inch iron rod found at the southeast comer of said 166.48 acre tract,
and a southwest comer of a 474.91 acre tract conveyed to HY-LAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd. 175);
THENCE,through said 166.48 acre tract,N85049'01"W, a distance of 1688.54 feet to a 1/2 inch
iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for the POINT OF
BEGINNING hereof;
THENCE,through said 166.48 acre tract the following five(5) courses and distances:
1) along a curve to the right, having a radius of 25.00 feet, a delta angle of 84°18'41", a chord
distance of 33.56 feet (chord bears S64°49'58"W), an arc distance of 36.79 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set of
reverse curvature hereof;
8
i
2) along a curve to the left, having a radius of 940.00 feet, a delta angle of 01°40'51", a chord
distance of 27.58 feet (chord bears N72°10'16"W), an arc distance of 27.58 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set, for an
angle point hereof,
3) N22°40'37"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set, for an ell comer hereof;
4) S67°19'23"E, a distance of 50.00 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.)set, for an ell corner hereof; and
5) S22°40'37"W, a distance of 26.59 feet to the POINT OF BEGINNING, containing 0.06
acres(2476 square feet) of land area, more or less, within these metes and bounds.
TRACT C
COMMENCING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract,
and a southwest comer of a 474.91 acre tract conveyed to HY-LAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd. 175);
THENCE, along the common line of said 166.48 acre tract and said 474.91 acre tract,
N20033'16"W, a distance of 3150.32 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the southeast comer of Tract 2 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No. 2004019077, of the Official
FN 946
PAGE FOUR
Public Records of Williamson County, Texas, for an ell comer hereof;
THENCE, through said 166.48 acre tract, along the south line of said Tract 2, S69028'27"W, a
distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of Tract 1 of said Brushy Creek Municipal Utility
District deed, for an ell comer hereof;
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, S19°37'57"E, a
distance of 920.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set for the POINT OF BEGINNING, for the northwest corner hereof;
THENCE,through said 166.48 acre tract the following three (3) courses and distances:
1) N68°57'26"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the northeast corner hereof;
9
I
i
2) S19°37'57"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.) set for the southeast comer hereof,and
3) S68°57'26"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set in the east line of said Tract 1 for the southwest
corner hereof;
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, N19°37'57"W, a
distance of 25.01 feet to the POINT OF BEGINNING, containing 0.01 acres (625 square feet)
of land area, more or less, within these metes and bounds.
Tract A (99.45 acres) with Tract B (0.06 acres) and Tract C (0.01 acres) contains 99.52 acres
(4,332,167 square feet)of land area, more or less, within these metes and bounds.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF WILLIAMSON §
THAT I, BLAINE J. MILLER, 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 PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, TEXAS THIS 24th DAY
OF NOVEMBER, 2004 A.D.
BLAINS J. MILLER,R.P.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas
10
i
EXHIBIT "B"
Terms of Wholesale Water and Wastewater Utility Services to MUD
1. The City will provide wholesale water and wastewater utility services to the
MUD, sufficient to serve the land within the MUD, for cost of service wholesale water and
wastewater utility rates. These rates may be reviewed and adjusted by the City annually, based
on a cost of service study performed by the City. The City shall be entitled to include a
reasonable rate of return in the utility rates.
2. The City will provide potable water meeting the standards of the Texas
Commissioner on Environmental Quality for human consumption and other domestic uses, and
will receive, treat and dispose of all sewage generated by customers within the MUD. The City
will maintain an adequate water supply and adequate wastewater treatment capacity at all times
to serve the customers within the MUD at the same level these services are provided within the
City. The City may limit service to the MUD in the same manner and to the same extent that
service is limited inside the City limits. If there is a water shortage, the supply of water to the
MUD may be reduced or diminished in the same proportions as water supply is reduced or
diminished within the City's corporate limits.
3. All water delivered to the MUD will be measured by a master meter installed at
an agreed upon point of delivery. The MUD will be responsible for installation and maintenance
of the master metering equipment and related facilities that serve the MUD at its own expense,
and will calibrate its master meter every 12 months, or more frequently upon request of the City;
however, the cost of the calibration will be borne by the City if requested more frequently than
once every 12 months.
4. The MUD will impose and enforce, at a minimum, all conservation measures and
use restrictions imposed by the City on its own customers with the City.
5. Upon the payment of applicable City water and wastewater impact fees, the
MUD will have a guaranteed reservation and commitment of capacity in the City's water and
wastewater utility systems for the amount of capacity for which these fees have been paid.
11
ENGINEER'S COST ESTE"TE
Proj.: Behren's Poirkway Extension
Cook-Steinman&Associates,Inc.
Item Unit
No. ItemDescription Unit Qwmtity Price Amount
I Excavation RO.W.to RO.W. SY 900 5.00 4500.00
2 Sub de Prep. SY 630 2.00 1260.00
3 10 inch base _ SY 630 8.00 5040.00
4 2 inch E MAC SY 500 6.00 3000.00
5 6 inch Lime Stabilization SY 630 4.00 2520.00
6 Curb and Gutter excL inlets&trans LF 240 10.00 2400.00
7 Sidewalk Common Areas,4 inch SF 960 4.00 3840.00
8 lRevegetation SY 270 2.00 540.00
9 Silt Fence LF 120 4.00 480.00
10 Saw and Cut Existing Pavement LF 40 5.00 200.00
SUBTOTAL $23,780.00
CONTINGECY 15% 83,567.00
TOTAL COST $27,347.00
r x�1
5, 1
tl
* . ...
.............. *+�
r �JAM�S M.COOK
rtf•o9,
.................640 .....
8640...`mei
i
Coat-&etnman and Ama
BEHPXNSM xis 727/2005 Page I of 1
DATE: August 5, 2005
SUBJECT: City Council Meeting - August 11, 2005
ITEM: 11.B.2. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Merion 100, L.P. for the development
of 99.52 acres of land. (Walsh Ranch)
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
This development agreement provides for utility extensions, widening of Sam Bass Road, pro-rata
payment for part of the traffic signal, extension of Behrens Parkway, waterline easements and a
15-acre park site.
Funding•
Cost: N/A
Source of funds: N/A
Outside Resources: Bob Wunsch (Merion 100, L.P.)
Backaround Information:
The developer submitted a preliminary plat on August 2, 2005based on annexation into the City.
However, Hyland Joint Venture owns a 100-foot wide strip between the proposed development
and the current city limits and is not willing to voluntary annex this strip. This results in the city
being unable to annex the development tract. Therefore, the developer is forced to establish a
development agreement and MUD to services the tract.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
DEVELOPMENT AGREEMENT
Merion 100, L.P., a Texas Limited Partnership, (hereinafter the "Developer,") and the
CITY OF ROUND ROCK, a Texas municipality of the County of Williamson, State of Texas,
(hereinafter the "City,") collectively hereinafter referred to as "the Parties," do hereby enter into
this Annexation and Development Agreement (hereinafter the "Agreement") for the purposes of
providing for an adequate network of water, wastewater and transportation services to serve the
development project described herein, and
Whereas, Developer is the owner of a 99.52 acre tract of land, hereinafter"the Property,"
as described in Exhibit"A", attached hereto and incorporated herein; and
Whereas, Developer is in the process of filing an application with the City seeking the
City's consent to the creation of a Municipal Utility District("MUD") on the Property, and
Whereas, the Parties are desirous of assuring that the Property is developed and
adequately provided with water and wastewater service in a timely manner;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties hereby agree as follows:
Section 1. Developer Participation
A. Utility Extension. The City has determined and the Developer acknowledges that
the existing planned water and wastewater utilities must be extended and sized to
serve the development of the Property, including a 40 acre school site, as intended
by Developer. In consideration for the City agreeing to provide water and
wastewater service to the Property, Developer agrees to pay any and all costs
associated with the design and construction of all utility extensions required to
service the Property. All on-site utilities shall be conveyed at a future date to the
MUD, which may reimburse Developer for utility costs.
B. Transportation — Sam Bass Road. Developer agrees to dedicate in fee simple to
the City, with the recordation of the first final plat, all right-of-way along Sam
Bass Road such that the total width of the right-of-way for Sam Bass Road is one
hundred and twenty feet (120'). Additionally, Developer agrees to pay the City,
prior to recordation of the first final plat, Thirty-Seven Thousand, Five Hundred
and No/100 Dollars ($37,500.00), said sum to be utilized as the Developer's pro
rata share for the installation and construction of a traffic signal on Sam Bass
Road.
88508.doc;4/cdc
R-os-c�8-i i-I f8�
C. Transportation— Behrens Parkway. Developer or the MUD agrees to acquire, on
behalf of the City, either as an easement or in fee simple, as determined by the
City, a tract of land from Hyland North Joint Venture, wide enough to
accommodate the extension of Behrens Parkway through said tract to the
Property. Additionally, Developer agrees to acquire a tract of land between the
MUD and Great Oaks Blvd. wide enough to accommodate the extension of
Behrens Parkway through said tract to Great Oaks Boulevard. Developer agrees
to construct the extension of Behrens Parkway on said tract when any of the
Property abutting said tract is subdivided. The construction funds for the Behrens
Parkway extension, shall be placed into escrow with the City where requested by
the City.
D. Easements. Developer shall be responsible for acquiring any and all easements
needed to provide transportation or utility service to the Property. Specifically,
Developer or the MUD shall use its best efforts to acquire an easement from
Highland North Joint Venture, wide enough to acquire a second waterline to the
MUD. Developer shall be responsible for design and construction of this second
waterline, including all necessary appurtenances, as soon as the easement is
acquired.
E. MUD Application The Developer has filed an application with the City seeking
the City's consent to the creation of a MUD.
F. Parkland Acquisition The Developer acknowledges that the City's customary fee
for the granting of its consent to the creation of a MUD is eight percent (8%) of
the amount of bonds issued by the MUD. The Developer and the City agree that,
in lieu of said 8% fee, the City will consider accepting approximately 15 acres of
parkland west of IH-35 at a location jointly agreed to by the City and the
Developer, to be acquired by Developer, the cost of same not to exceed
$300,000.
G. Lift Station. In the event a wastewater lift station is required to serve any lots
within the MUD, the Developer and/or the MUD will be solely responsible for all
costs related to the construction, operation and maintenance of said lift station.
H. Fire Protection As part of the Consent Agreement, the City will consider
providing fire protection service to the MUD.
I. Subdivision Improvements. Developer will design and construct the public
subdivision improvements according to all of the City's ordinances and
regulations in existence at the time of permit review. The Subdivision
Improvement plans shall be submitted for review and acceptance prior to
construction. Construction of infrastructure shall be subject to City inspection.
The City shall acknowledge completion of the subdivision when construction is
2
complete and has passed all applicable testing. Sidewalks shall be installed
pursuant to City regulations prior to occupation of homes within MUD.
J. Consent Agreement. Developer acknowledges that the Consent Agreement will
cover issues that are not addressed in the Agreement.
K. Wholesale Water and Wastewater Service to MUD. The City agrees to enter into
a wholesale water and wastewater utility service agreement with the Developer
and/or the MUD on the terms set forth in Exhibit "B". This agreement will
include any other standard terms contained in City wholesale water and
wastewater service contracts that are not a conflict with the terms of Exhibit "A".
The MUD will provide certain water and wastewater services within its boundary.
L. Impact Fees. Developer shall collect impact fees from builders and pay to City on
quarterly or monthly basis, as determined by the City.
M. Behrens Parkway. Behrens Parkway extension funds in the amount of$27,347.00
will be escrowed with the City,when requested by City.
N. Building Permits. The City shall not issue building permits nor conduct building
inspections for homes within the MUD.
O. Plat Notes. The Developer shall provide on all plats those plat notes required by
Williamson County to assign responsibility for the maintenance of all
infrastructure other than county roads.
Section 2. General Provisions
A. Assigpment. This Agreement, any part thereof, or any interest herein shall not be
assigned by Developer without the express written consent of the City.
B. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties. Forbearance or indulgence by the City shall not constitute a
waiver of any covenant or condition to be performed pursuant to this Agreement.
C. Venue. Venue of any action brought hereunder shall be in Williamson County,
Texas.
D. Third Party Beneficiaries. For purposes of this Agreement, including its intended
operation and effect, the Parties specifically agree that (1) the Agreement only
affects matters/disputes between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's lender, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the City or Developer or both;
3
and (2) the terms of this Agreement are not intended to release, either by contract
or operation of law, any third person or entity from obligations owing by them to
either the City or Developer.
E. Authodq to Act. The Parties each represent and warrant that the signatories on
this Agreement are authorized to execute this Agreement and bind his/her
principals to the terms and provisions hereof. Each party warrants that any action
required to be taken in order for this Agreement to be binding on it has been duly
and properly taken prior to the execution of this Agreement.
F. Incorporation of Recitals. The recitals contained at the beginning of this
Agreement shall be deemed a part of this Agreement and hereby are incorporated
by reference herein.
G. Covenant Running With the Land. The covenants contained herein shall run with
the land and bind all successors, heirs and assignees of the property owner. In
addition, this Agreement shall be filed of record in the Real Property Records of
Williamson County, Texas as evidence thereof.
IN WITNESS WHEREOF, the Parties to these presents have executed this Co tract in
two (2) counterparts, each of which shall be deemed an original on this the day of
2005.
CITY OF ROUND ROCK, TEXAS
By:
0445� axwel Mayor
Merion 100, L.P.
A Texas Limited Partnership
By: R/R Bandon Dunes Company, L.L.C.
a Texas Limited Liability Company,
its General Partner
By: _
Robert D. Wunsch, President
4
THE STATE OF TEXAS §
§ CITY OF ROUND ROCK
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
This instrument was acknowledged before me on this the � day of ,
2005, by NYLE MAXWELL, Mayor of the CITY OF ROUND ROCK, a Texas nignicipality
of the County of Williamson, State of Texas, on behalf of said municipality.
' CHRISTINE R.MARTINEZ Notary Public in and for the State of Te�xa�J
MY COMMISSION EXPIRES `r ; [� Q
August 28,2005 _0-14 0 !/k E t . M AEVA)6Z
Notary's Printed Name
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
This instrument was acknowledged before me on this the 2L day of
2005 by ROBERT D. WUNSCH, President of R/R Bandon Dunes Company, L.L.C., Texas
Limited Liability Company, General Partner of MERION 100, L.P., a Texas invited
Partnership, on behalf of said companyKji \Z
.
Notary Public in and or the State of Texas
tsiti KATHY GREEN
MY COMMISSION EXPIRES
July 26,2007 Notary's Printed Name
5
EXHIBIT "A"
Field Notes for 99.52 acres
99.52 ACRES FN NO 946
JAMES GARLAND WALSH, JR. November 24, 2004
JOB NO. 213-32.54
DESCRIPTION
OF A 99.52 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE
WILLIAM KINCAID SURVEY, ABSTRACT NO. 374 AND THE EPHAIM EVANS
SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION OF THE 1848.03 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH, RECORDED IN VOLUME 420, PAGE 538, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE FORTY-SIX AND ONE-
HALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH, JR., RECORDED IN DOCUMENT NO. 9508005, OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF
THE FORTY-SIX AND ONE-HALF PERCENT INTEREST IN THE 166.48 ACRE
TRACT CONVEYED TO AVONIA ELIZABETH JAECKS, RECORDED IN
DOCUMENT NO. 9508006, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND A PORTION OF THE ONE AND ONE-HALF PERCENT
INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES GARLAND
WALSH, JR., RECORDED IN DOCUMENT NO. 9618420 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE ONE
AND ONE-HALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED
TO AVONIA ELIZABETH JAECKS, RECORDED IN DOCUMENT NO. 9618421, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 99.52 ACRE
TRACT BEING ALL OF TRACT A, TRACT B AND TRACT C BEING MORE
PARTICUALARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT A
BEGINNING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract and an
ell corner of a 474.91 acre tract conveyed to Hy-Land North Joint Venture, recorded in Volume
639, Page 693, Deed Records of Williamson County, Texas, same being in the north line of
County Road 175 (Sam Bass Road), for the southeast corner hereof,
THENCE, along the south line of said 166.48 acre tract and the north line of County Road 175,
the following seven(7) courses and distances:
1) S87005'32"W. a distance of 104.58 feet to a 1/2 inch iron rod found for an angle point
6
- i
i
hereof;
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found for an angle point
hereof;
3) S88°15'45"W, a distance of 519.78 feet to a 1/2 inch iron rod found for an angle point
hereof,
4) N89°08'50"W, a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for an angle point hereof,
FN 946
PAGE TWO
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for an angle point hereof;
6) N53°14'50"W, a distance of 44.64 feet to a calculated point for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for an angle point hereof,
THENCE, leaving the north line of County Road 175, through said 166.48 acre tract, along the
east and north line of a proposed 40.41 acre tract,the following six(6) courses and distances:
1) N22°40'37"E, a distance of 1180.78 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for a point of curvature hereof;
2) along a curve to the left, having a radius of 800 feet, a delta angle of 08'58'13", a chord
distance of 125.12 feet (chord bears N18'11'307), an arc distance of 125.25 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for an
angle point hereof;
3) along a curve to the right, having a radius of 800.00 feet, a delta angle of 08°01'54", a
chord distance of 112.05 feet (chord bears N7 1'20'20"W), an arc distance of 112.14 feet to
a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set
for a point of tangency hereof,
4) N67°19'23"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for a point of curvature hereof;
5) along a curve to the left, having a radius of 800.00 feet, a delta angle of 43'43'11", a chord
distance of 595.74 feet (chord bears N89°10'58"W), an arc distance of 610.44 feet to a 1/2
7
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for a
point of tangency hereof, and
6) S68°57'26"W, a distance of 585.22 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set in the west line of Tract 1 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No. 200401907, of the
Official Public Records of Williamson County, Texas, for an ell corner hereof;
THENCE, through the said 166.48 acre tract, along the west line of said Tract 1, N19°37'57"W,
a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set for the southwest corner of Tract 2 of said Brushy Creek Municipal
Utility District deed, for the northwest corner hereof,
THENCE, through the said 166.48 acre tract, along the south line of said Tract 2, N69°28'27"E,
a distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of said 166.48 acre tract and a west line of said 474.91
acre tract, for the northeast corner hereof;
FN 946
PAGE THREE
THENCE, along the east line of said 166.48 acre tract and a west line of said 474.91 acre tract,
S20°33'16"E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 99.45
acres of land area, more or less, within these metes and bounds.
TRACT B
COMMENCING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract,
and a southwest corner of a 474.91 acre tract conveyed to HY-LAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd. 175);
THENCE, through said 166.48 acre tract,N85°49'01"W, a distance of 1688.54 feet to a 1/2 inch
iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for the POINT OF
BEGINNING hereof;
THENCE, through said 166.48 acre tract the following five(5) courses and distances:
1) along a curve to the right, having a radius of 25.00 feet, a delta angle of 84'18'41", a chord
distance of 33.56 feet (chord bears S64°49'58"W), an arc distance of 36.79 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set of
reverse curvature hereof;
8
i
2) along a curve to the left, having a radius of 940.00 feet, a delta angle of 01°40'51", a chord
distance of 27.58 feet (chord bears N72°10'16"W), an arc distance of 27.58 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set, for an
angle point hereof,
3) N22°40'37"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set, for an ell corner hereof,
4) S67°19'23"E, a distance of 50.00 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set, for an ell corner hereof; and
5) S22040'37"W, a distance of 26.59 feet to the POINT OF BEGINNING, containing 0.06
acres (2476 square feet) of land area, more or less, within these metes and bounds.
TRACT C
COMMENCING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract,
and a southwest corner of a 474.91 acre tract conveyed to HY-LAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd. 175);
THENCE, along the common line of said 166.48 acre tract and said 474.91 acre tract,
N20°33'16"W, a distance of 3150.32 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the southeast corner of Tract 2 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No. 2004019077, of the Official
FN 946
PAGE FOUR
Public Records of Williamson County, Texas, for an ell corner hereof,
THENCE, through said 166.48 acre tract, along the south line of said Tract 2, S69°28'27"W, a
distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of Tract 1 of said Brushy Creek Municipal Utility
District deed, for an ell corner hereof,
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, S19°37'57"E, a
distance of 920.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set for the POINT OF BEGINNING, for the northwest corner hereof;
THENCE, through said 166.48 acre tract the following three (3) courses and distances:
1) N68°57'26"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the northeast corner hereof;
9
4
2) S19°37'57"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the southeast corner hereof,and
3) S68°57'26"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set in the east line of said Tract 1 for the southwest
corner hereof,
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, N19°37'57"W, a
distance of 25.01 feet to the POINT OF BEGINNING, containing 0.01 acres (625 square feet)
of land area, more or less, within these metes and bounds.
Tract A (99.45 acres) with Tract B (0.06 acres) and Tract C (0.01 acres) contains 99.52 acres
(4,332,167 square feet)of land area, more or less, within these metes and bounds.
STATE OF TEXAS §
COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS §
THAT I, BLAINE J. MILLER, 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 PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, TEXAS THIS 24th DAY
OF NOVEMBER, 2004 A.D.
BLAINS J. MILLER, R.P.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas
10
EXHIBIT "B"
Terms of Wholesale Water and Wastewater Utility Services to MUD
1. The City will provide wholesale water and wastewater utility services to the
MUD, sufficient to serve the land within the MUD, for cost of service wholesale water and
wastewater utility rates. These rates may be reviewed and adjusted by the City annually, based
on a cost of service study performed by the City. The City shall be entitled to include a
reasonable rate of return in the utility rates.
2. The City will provide potable water meeting the standards of the Texas
Commissioner on Environmental Quality for human consumption and other domestic uses, and
will receive, treat and dispose of all sewage generated by customers within the MUD. The City
will maintain an adequate water supply and adequate wastewater treatment capacity at all times
to serve the customers within the MUD at the same level these services are provided within the
City. The City may limit service to the MUD in the same manner and to the same extent that
service is limited inside the City limits. If there is a water shortage, the supply of water to the
MUD may be reduced or diminished in the same proportions as water supply is reduced or
diminished within the City's corporate limits.
3. All water delivered to the MUD will be measured by a master meter installed at
an agreed upon point of delivery. The MUD will be responsible for installation and maintenance
of the master metering equipment and related facilities that serve the MUD at its own expense,
and will calibrate its master meter every 12 months, or more frequently upon request of the City;
however, the cost of the calibration will be borne by the City if requested more frequently than
once every 12 months.
4. The MUD will impose and enforce, at a minimum, all conservation measures and
use restrictions imposed by the City on its own customers with the City.
5. Upon the payment of applicable City water and wastewater impact fees, the
MUD will have a guaranteed reservation and commitment of capacity in the City's water and
wastewater utility systems for the amount of capacity for which these fees have been paid.
11
ENGINEER'S COST ESTMATE
Prof.: Behren's Parkway Extension
Cook-Steinman&Associates,Inc.
Item Unit
No. Item Des tion Unit Quanti Price Amount
1 Excavation RO.W.to R.O.W. SY 900 5.00 4500.00
2 Subgrade PFSp. SY 630 2.00 1260.00
3 10 inch base _ SY 630 8.00 5040.00
4 12 inch HMAC SY 500 6.00 3000.00
5 6 inch Lime Stabilization SY __ 630 4.00 2520.00
6 Curb and Gutter excl.inlets&trans LF 240 10.00 2400.00
7 Sidewalk Common Areas,4 inch SF 960 4.00 3840.00
8 Reve etation SY 270 2.00 540.00
9 Silt Fence LF 120 4.00 480.00
10 Saw and Cat Existing Pavement LF 40 5.00 200.00
SUBTOTAL $23,780.00
CONTINGECY 15% $3,567.00
TOTAL COST $27.347.00
%„ OF \
ZE,
i*: •*J
JAMES M.COOK j
- `. 58640.. ..:x;;
f 9'•.
f,tsS CENS....
\� •IVAI
i
I
I
i
Cook-Mdmnan and Amoc.
BEEIRSNSBSTacls 7/27/2005 Page 1 of 1