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R-04-08-26-13E2 - 8/26/2004 RESOLUTION NO. R-04-08-26-13E2 WHEREAS, the City of Round Rock desires to construct Forest Creek Drive running through property owned by Wilshire/Hearthstone Venture I, L.P. and Pulte Homes of Texas, L.P. ( "Developer" ) , and WHEREAS, the City desires to expeditiously design, engineer and construct Forest Creek Drive, conditioned upon Developer paying the City for a portion of the cost of Forest Creek Drive attributable to its development, 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 Wilshire/Hearthstone Venture I, L. P. and Pulte Homes of Texas, L.P. regarding Forest Creek Drive, 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 26th day of August, 2004 . N WE L, Mayor City of Round Rock, Texas A ST: ' CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTZ/R40826E2.WPD/Sc z STATE OF TEXAS DEVELOPMENT AGREEMENT WITH WILSHIRE/HEARTHSTONE VENTURE I L.P. COUNTY OF WILLIAMSON AND PULTE HOMES OF TEXAS L.P. REGARDING FOREST CREEK DRIVE This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and WILSHIRE/HEARTHSTONE VENTURE I L.P. AND PULTE HOMES OF TEXAS L.P. ("Developer"). WHEREAS, Developer is owner of those certain tracts of land described as 1.49 and 3.22 acres, and as described in Exhibits "A" and`B", attached hereto and incorporated herein (the Property), and WHEREAS, City desires to construct an extension of Forest Creek Drive, being a four-lane, curbed and guttered major arterial road, running through the Property and an abutting 16 inch waterline, (collectively, the Project) and WHEREAS, the City desires to expeditiously design, engineer and construct the Project conditioned upon Developer paying City for a portion of the cost of the Project attributable to its development, and WHEREAS, the Developer desires to partially reimburse the City for costs expended in the construction of the Project, NOW THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and Developer hereby agree as follows: EXHIBIT "An A. PURPOSE The purpose of this Agreement is to provide for the reimbursement to the City for a portion of the cost of construction of Forest Creek Drive and an abutting waterline through the Property. The parties hereto agree that the portion of the cost of the extension of Forest Creek Drive and an abutting waterline paid by the Developer is attributable to the needs of Developers development. B. GENERAL TERMS AND CONDITIONS 1. The Project is herein defined as the construction of a four-lane, curbed and guttered major arterial road, including sidewalks, and an abutting 16" inch waterline running through the Property. 2. The Project Cost is herein defined as all costs of material, labor, grading, paving, drainage, erosion control and other costs related to the construction of the Project. The Project cost specifically excludes all soft costs such as permitting fees, inspection fees, and design fees. 3 Developer agrees to pay to the City a portion of the Project Cost, totaling approximately ONE HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED SEVENTY-SIX AND 27/100 DOLLARS ($136,376.27) for the costs attributable to the extension of Forest Creek Drive and ONE HUNDRED AND ONE THOUSAND AND NINE HUNDRED AND SEVENTY-SEVEN AND 20/100 DOLLARS ($101,977.20) for waterline improvements, totaling TWO HUNDRED AND THIRTY-EIGHT THOUSAND AND FOUR HUNDRED AND FIFTY THREE AND 47/100 DOLLARS ($238,453.47). Said sum shall be paid to the City within twenty (20) working days after Developer receives written notification that said payment is due. If full payment is not received within this time period, this Agreement may be voided by the City. Any monies not expended by the City on the Project shall be reimbursed to the Developer. Any cost over-runs shall be shared by the Developer and the City based on the following ratio; 50% - Developer, 50% - City. Any cost over-runs shall be paid by Developer to the City within twenty (20) working days after Developer receives written notification that said payment is due. 4 . Developers shall dedicate the necessary right-of-way at the time of the execution of this Agreement. Developer agrees to dedicate any other easements and/or right-of-way needed for the Project. 5. The City and the Developers agree that the City will continue the uninterrupted issuance of building permits and certificates of occupancy in Sonoma Sections 10, 11, 12 and 13 under the following conditions: a. Each section must connect to a completed and City of Round Rock accepted roadway. b. Each section will comply with all appropriate City of Round Rock regulatory requirements prior to the issuance of building permits and certificates of occupancy. C. Completion of the Forest Creek Drive extension through Sonoma is specifically not a regulatory requirement or precedent to the issuance of building permits and certificate of occupancy in these sections. C. MISCELLANEOUS PROVISIONS 1. Actions Performable. The City and the Developer agree that all actions to be performed under this Agreement are performable in Williamson County, Texas. 2. Governing Law. The City and Developer agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City City of Round Rock 221 East Main Round Rock, Texas 78664 Attn: Director of Planning Phone: (512) 218-5420 with copies to: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Phone: (512) 255-8877 Developer: Ed Horne Wilshire/Hearhstone Venture I, L.P. 8200 N. MoPac, Suite 300 Austin, Texas 78759 Todd Janssen Pulte Homes of Texas, L.P. 10801-2 Mopac Expressway South Suite 400 Austin, Texas 78759 7. Force Majeure. Developer and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. 8. Assignment. This Agreement may be assigned by the Developer only with the prior written approval of the City. 9. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Developer, respectively. SIGNED as of this day of , 2004. CITY OF ROUND ROCK By: KYLE MAXWELL, Mayor ATTEST: CHRISTINE R. MARTINEZ, City Secretary WILSHIRE/HEARTHSTONE VENTURE I, L.P. By: Wilshire Homes of Texas, Ltd., authorized agent By: Wilshire Homes management, Inc. Its general partner By: _ '/ PresidwA ,5hc(kl yard, Vice Pfeo-,"dcnL- PULTE HOMES OF TEXAS,L.P. By: TODD JANSSEN SIGNED as of this day of , 2004. CITY OF ROUND ROCK By: NYLE MAXWELL, Mayor ATTEST: CHRISTINE R. MARTINEZ, City Secretary WILSHIRE/HEARTHSTONE VENTURE I, L.P. By: Wilshire Homes of Texas, Ltd., authorized agent By: Wilshire Homes management, Inc. Its general partner By: JAMES EDWARD HORNE, President PULTE HOMES OF TEXAS, L.P. By: TODD J SSEN STATE OF TEXAS ' CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ' This instrument was acknowledged before me on this the day of , 2004, by Nyle Maxwell, a person known to me, in his capacity as Mayor of the City of Round Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS ' ACKNOWLEDGMENT COUNTY OF WILLIAMSON ' 5hc�(c� C.e,�yaral. This instrument was acknowledged before me on this the 3E) day of 2004, by , a person known to me, in his capacity as resident on v behalf of said Wilshire Homes Management, Inc.,general partner of WILSHIRE/HEARTHSTONE VENTURE I, L.P. �puunuunnp M; P aI Pae •.'44 � Notary Public, State of Texas OF L% FXPIftES.' \\�. STATE OF TEXAS ' ACKNOWLEDGMENT COUNTY OF WILLIAMSON ' This instrument was acknowledged before me on this the 2.e day of �rL , 2004, by TODD JANSSEN, a person known to me, in his capac y as V"P I'a0 ( .4e-n +Qe--u on behalf of said Pulte Homes of Texas, L.P.. y SANDRA A.sENBOW MY COMMISSION EXPIRES O*ber 27.2004 az otary Public, State of Texas Xot After recording, return to: Charles Crossfield Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AUSTIN SURVEYORS P.O.SOX 180243 AUSTIN,TEXAS 78718 2105 JUSTIN LANE#103 (512)454-6605 Accompaniment for plat 1043-wilshireP FIELD NOTES FOR 1.496 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297,Williamson County, Texas and being a part of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Document No. 2000006061 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in the South comer of the above mentioned 8.856 acre tract, in an angle point of a 147.076 acre tract of land, designated as Tract 3, in a deed to Round Rock Ranch Ltd. recorded in Volume 2418, Page 51 of the Deed Records of Williamson County, Texas and the South comer of a 9.550 acre tract of land conveyed to C.F. Ertz by deed recorded as Document No. 9621999 of the above mentioned Official Records, for the Southwest comer of this tract.. THENCE N 26024'58"W with the West line of the above mentioned 8.856 acre tract 51.96 feet to an iron pin found for an angle point of this tract. 00 .. THENCE N 04029'45 W with the West line of the said 8.856 acre tract 52.66 feet to an iron pin set for the Northwest corner of this tract. O O THENCE with the arc of a curve to the right 19.17 feet, said curve having a radius of 1450.00 feet,a central angle of 00°45'27", and a sub-chord which bears N 87°25'32" E CEJ 19.17 feet to an iron pin set for the PT of the said curve. O THENCE N 87048'15" E 619.12 feet to an iron pin set on the East line of the said 8.856 acre tract and the West line of a 73.160 acre tract of land conveyed to Pulte Homes of Texas L.P. by deed recorded as Document 2000006058 of the said Official Records for the Northeast comer of this tract. THENCE S 16017'35" E 104.78 feet to an iron pin set on the North line of the above mentioned 9.550 acre tract , in the East comer of the said 8.856 acre tract, for the East corner of this tract. THENCE S 87047'06"W with the North line of the said 9.550 acre tract and the South line of the said 8.856 acre tract 214.62 feet to an iron pin set for an angle point of this tract. EXHIBIT 1.496 ACRES PAGE 2 OF 2 THENCE S 88000'57" W 425.77 feet to the POINT OF BEGINNING containing 1.496 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during May of 2001 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title from Wilshire Homes, Inc. to The City of Round Rock. Any use of this description by any person for any other purpose is expressly prohibited. a SOFT Dy P `5S T R e4-Q Claude V. Hinkle, Jr. lam( °9J' R.P.L.S. No. 4629 Q CLAUDE F.HINKLE 4629 P:� Q S U-R-4 Date 1043-rowdeddoc D dpi 00 i CVDO O O Survey plat showing a 1.496 acre tract of land in the P.A. Holder Survey, Williamson County, TexaA-297 . ..ite ,.,,.res w.' cs, •. "-Proposed R01V t Scale 1" = 100' :_.. .. 040123 2 ^T3 IV 4 � V H y - m s Wilshire Homes, Inc. V W 8.856 AC. DOC#2000006061 Q • n NOTE 72 St `- S�< s Bearings shown hereon ore POINT OF BEGINNING grid bearings determined by x, 9 GPS RTK methods for oUNE v �^ r local plane centered near ny! BEARING the Southeast comer of the "" r T1 N2G2458 51.96 y�{n PA Holder Survey, TT N04'29-45 52.66 f> Abstract No. 297. .'^:' 410, T3 S16'1 35 104.78 YrY' CURVE 1450 00 71 ENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING 00 45 27 19.17' N8T25 32 LEGEND r 1, Claude F. Hinkle, Jr., o Registered Professional Land Surveyor, O Iron Pin Set t> do hereby certify that furs Plot occurotely represents the results • Iron Pin Found Of on on—fhe—ground survey mode under mY supervision during " June o/ 2001 and is correct to'the best of my knowledge and prepared belief. Field nota Austin Suryayors 2001 OF T ,`P 4u t;T a F4 4 1043-100 ee. A Ootr anbar, 00, CLAUDE F.H! KLA JR. •( t' + 462 °� may Ea"°a�� AUSTIN SURVEYORS 1 M. F. a 2105 Justin Lane X103 �i Austin, Texas 78757 512-454-0005 } ip f ti EXHIBIT AUSTIN SURVEYORS P.O.BOX 180243 AUSTIN,TEXAS 78718 2105 JUSTIN LANE#103 (512)454-6605 Accompaniment for plat 1043-pulteP FIELD NOTES FOR 3.224 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 73.160 acre tract of land, designated as tract 3D, conveyed to Pulte Homes of Texas. L.P. by deed recorded as Document No. 2000006058 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set in the Southwest corner of Forest Creek Drive as set out on the plat of Sonoma Section 5 as recorded in Cabinet Slide of the Plat Records of Williamson County,Texas for the Southeast comer of this tract. THENCE S87°49'14" W across Rusk Road as set out in Volume 2110, Page 653 of the above mentioned Official Records 59.86 feet to an iron pin found in the Northeast corner of a 1.98 acre tract of land conveyed to E.D. Blanchard by deed recorded in Volume 993. Page .. 878 of the Deed Records of Williamson County, Texas for an angle point of the above mentioned 73.160 acre tract and an angle point of this tract. THENCE S 87040'08"W with the South line of the said 73.160 acre tract 686.06 feet to an y iron pin found in the Northwest corner of a 1.96 acre tract of land conveyed to E.D. Blanchard by deed recorded in the above said Volume 993, Page 878 and the Northeast comer of a 1.98 acre tract of land conveyed to Verde Landscape Services,I Inc. by deed recorded as Document No. 9666385 of the above mentioned Official Records, for an angle point of this tract. THENCE S 87035'25"W with the South line of the said 73.160 acre tract 273.76 feet to an iron pin found in the Northwest corner of the above mentioned Verde Landscape tract and the Northeast corner of a 2.37 acre tract of land conveyed to Christie Fletcher by deed recorded as Document No. 2000002195 the said Official Records, for an angle point of this tract. THENCE S 87058'48"W with the South line of the said 73.160 acre tract 328.65 feet to an iron pin found in the Northwest comer of the above mentioned 2.37 acre tract and the Northeast comer of a 9.550 acre tract of land conveyed to Christie F Ertz. by deed recorded as Document No. 9621999 of the above mentioned Official Records, for an angle point of this tract. THENCE S 87047'06" E 24.40 feet to an iron pin set in the Southeast comer of a 8.856 acre tract conveyed to Wilshire Homes, Inc. by deed recorded as Document No. 2000006061 of the said Official Records and the Southwest corner of the said 73.160 acre tract for the Southwest comer of this tract. THENCE N 16017'35"W with the East line of the above mentioned 8.856 acre tract and the West line of the said 73.160 acre tract 104.78 feet to an iron pin set for the Northwest comer of this tract. EXHIBIT s ]� 3.224 ACRES PAGE 2 OF 2 THENCE N 87048'15" E 1398.25 feet to an iron pin set in the Northwest comer of Forest Creek Drive for the Northeast comer of this tract. THENCE S 02011'45" E 100.00 feet to the POINT OF BEGINNING containing 3.224 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during May of 2001 and are correct to the bust of my knowledge and belief. These field notes were prepared for a transfer of title from Pulte Homes of Texas L.P. to The City of Round Rock. Any use of this description by any person for any other purpose is expressly prohibited. .TFQv 5 T R f+Q Claude F. Hinkle,Jr. 7J' R.P.L.S. No. 4629 Q CLAUDE F.HINKLE JR. r�P 4629 I �vti 0°` �J DoQs�Q�o Date 1043-rowded.doc Survey plat showing a 3.224acre tract of land in the P.A. Holder Survey, A-297 Williamson County, Texas 040123 -4 • '" Scale 1" 200' _---- _ 01 0 7 `stie F1eta,e: y N a UNE BEAPoNOO�TANCE � 7C T1 S8T47 06 24.40 N161735 ---- 104.78 — 73— S8749 14 E 100.00 T4 SET4914 59.86 M de t an sG ^e it L ~e.•.• eiat• .. W N v ----- Pulte Homes ^' of Texas, L.P. c7 � 73.160 AC. A-C m N tract 3D N DOC#2000006058 NOTE: :? y Bearings shown hereon are .� qnd bearings determined by GPS RTK methods for a local plane centered near _ the Southeast comer of the P.A. Holder Survey, Abstract No. 297. ) w C"-1 z� 3h ...:sK Road ..:113, + Q> � " LEGEND / #00 t7 1 0 Iron Pin Set 0' � / 0 Iron Pin Found I, Claude F. Hinkle, Jr., a Registered Professional land Surveyor, /I 0-�I F # do hereby certify that this Plot accurotely represents the resWts L of an on–the–ground survey made under my supervision wring �i June of 2001 and is correct to the best of yy belief. my wled and :i/ Field notes prepared ©Austin Surveyors 2001 a t .a O EA 1�4, Jab Nos 1043-100 s �` wale: t-zoo �^ ? Y E CIAUDE f.HINKt (R. `, kras 19 ga4629 4 Y� do "Ee•t°�-�° AUSTIN SURVEYORS Y $URv zlo5 Jn,tin Lane }los Austin, Texas 78757 –454-6605 EXHIBIT S t v.. 1 --� SOMEONE ► gg p����\IIIIIIIIII � ��� �. . ♦ ♦ ♦ � 1 ----- -- - ::•'������•��i;� �I ��♦���r,♦� �►'\��i X111, -- -_-1111►` �.i1„';i�''�� �• ' '',•�•�� ���'\�1�`�I t1111�► �. ►� .■1111/► stills •�� ' C� ;�IIIIIIIIIi ���1111n: •►����•1,���i,� ��i�11111i1I����'�r� �►��.i�� �♦i r��• - ��11111111i :�.t�/� � ��� N� � �:;t► ttil��: tI�00���� ��/Ilillllllr,��C�i�� al /i11t1{IIIIt111,,,,,�,..1111-�� , 111��i ►�Ntt{,, ,��������i .moi itl��j �1� /{{{U{{{/ I/ Q1► .=��• /i♦ 11 i. ►��i����,�,�♦1111/�� �__� ♦ 1 ♦ Iiil�.i�11��� �S •�unn tlitl. .lil. 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Consider a resolution authorizing the Mayor to execute a Development Agreement with Wilshire/Hearthstone Venture, L.P. and Pulte Homes of Texas, L.P. for the construction of Forest Creek Drive. Deuartment: Transportation Services Staff Person: Tom Martin, Director Justification: This Development Agreement between the City, Wilshire/Hearthstone Venture, L.P. and Pulte Homes is for reimbursement to the City for a portion of the cost of construction of Forest Creek Drive. The Developer's cost sharing is initially estimated at $238,353.47 Funding• Cost: No cost to the city Source of funds: N/A Outside Resources: Wilshire/Hearthstone Venture, L.P. and Pulte Homes Sheets & Crossfield, P.C. Background Information: Development Agreement is for reimbursement to the City of a portion of the cost for construction of Forest Creek. Public Comment: N/A RECORDED DOCUMENT FOLLOWS AGR 2004058873 15 PGS STATE OF TEXAS DEVELOPMENT AGREEMENT WITH WILSHIRE/HEARTHSTONE VENTURE I L.P. COUNTY OF WILLIAMSON AND PULTE HOMES OF TEXAS L.P. REGARDING FOREST CREEK DRIVE This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and WILSHIRE/HEARTHSTONE VENTURE I L.P. AND PULTE HOMES OF TEXAS L.P. ("Developer"). WHEREAS, Developer is owner of those certain tracts of land described as 1.49 and 3.22 acres, and as described in Exhibits "A" and `B", attached hereto and incorporated herein (the Property), and WHEREAS, City desires to construct an extension of Forest Creek Drive, being a four-lane, curbed and guttered major arterial road, running through the Property and an abutting 16 inch waterline, (collectively, the Project) and WHEREAS, the City desires to expeditiously design, engineer and construct the Project conditioned upon Developer paying City for a portion of the cost of the Project attributable to its development, and WHEREAS, the Developer desires to partially reimburse the City for costs expended in the construction of the Project, NOW THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and Developer hereby agree as follows: A. PURPOSE The purpose of this Agreement is to provide for the reimbursement to the City for a portion of the cost of construction of Forest Creek Drive and an abutting waterline through the Property. The parties hereto agree that the portion of the cost of the extension of Forest Creek Drive and an abutting waterline paid by the Developer is attributable to the needs of Developers development. B. GENERAL TERMS AND CONDITIONS 1. The Project is herein defined as the construction of a four-lane, curbed and guttered major arterial road, including sidewalks, and an abutting 16" inch waterline running through the Property. 2. The Project Cost is herein defined as all costs of material, labor, grading, paving, drainage, erosion control and other costs related to the construction of the Project. The Project cost specifically excludes all soft costs such as permitting fees, inspection fees, and design fees. 3 Developer agrees to pay to the City a portion of the Project Cost, totaling approximately ONE HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED SEVENTY-SIX AND 27/100 DOLLARS ($136,376.27) for the costs attributable to the extension of Forest Creek Drive and ONE HUNDRED AND ONE THOUSAND AND NINE HUNDRED AND SEVENTY-SEVEN AND 20/100 DOLLARS ($101,977.20) for waterline improvements, totaling TWO HUNDRED AND THIRTY-EIGHT THOUSAND AND FOUR HUNDRED AND FIFTY THREE AND 47/100 DOLLARS ($238,453.47). Said sum shall be paid to the City within twenty (20) working days after Developer receives written notification that said payment is due. If full payment is not received within this time period, this Agreement may be voided by the City. Any monies not expended by the City on the Project shall be reimbursed to the Developer. Any cost over-runs shall be shared by the Developer and the City based on the following ratio; 50% - Developer, 50% - City. Any cost over-runs shall be paid by Developer to the City within twenty (20) working days after Developer receives written notification that said payment is due. 4 . Developers shall dedicate the necessary right-of-way at the time of the execution of this Agreement. Developer agrees to dedicate any other easements and/or right-of-way needed for the Project. 5. The City and the Developers agree that the City will continue the uninterrupted issuance of building permits and certificates of occupancy in Sonoma Sections 10, 11, 12 and 13 under the following conditions: a. Each section must connect to a completed and City of Round Rock accepted roadway. b. Each section will comply with all appropriate City of Round Rock regulatory requirements prior to the issuance of building permits and certificates of occupancy. C. Completion of the Forest Creek Drive extension through Sonoma is specifically not a regulatory requirement or precedent to the issuance of building permits and certificate of occupancy in these sections. C. MISCELLANEOUS PROVISIONS 1. Actions Performable. The City and the Developer agree that all actions to be performed under this Agreement are performable in Williamson County, Texas. 2. Governing Law. The City and Developer agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City: City of Round Rock 221 East Main Round Rock, Texas 78664 Attn: Director of Planning Phone: (512) 218-5420 with copies to: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Phone: (512) 255-8877 Developer: Ed Horne Wilshire/Hearhstone Venture I, L.P. 8200 N. MoPac, Suite 300 Austin, Texas 78759 Todd Janssen Pulte Homes of Texas, L.P. 10801-2 Mopac Expressway South Suite 400 Austin, Texas 78759 7. Force Majeure. Developer and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. 8. Assignment. This Agreement may be assigned by the Developer only with the prior written approval of the City. 9. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Developer, respectively. 6LSIGNED as of this day of 004. CITY OF ROUND ROCK By: LEMXXW ayor ST: CHRISTINE R. MARTINEZ, City Secretary WILSHIRE/HEARTHSTONE VENTURE I, L.P. By: Wilshire Homes of Texas, Ltd., authorized agent By: Wilshire Homes management, Inc. Its general partner By: JAMES EDWARD HORNE, President PULTE HOMES OF TEXAS, L.P. By: r--` TODD JA SSEN SIGNED as of this day of , 2004. CITY OF ROUND ROCK By: M WELL, ayor CHRISTINE R.�MARTINkEZ','jCit)y1Secretary WILSHIRE/HEARTHSTONE VENTURE I, L.P. By: Wilshire Homes of Texas, Ltd., authorized agent By: Wilshire Homes management, Inc. Its general partner By: ihc lk ya r0(, dice Pt'esiden,�- PULTE HOMES OF I ERAS, L.P. By: TODD JANSSEN STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ' This instrument was acknowledged before me on this the cS)(P �day of .` , 2004, by Nyle Maxwell, a person known to me, in his capacity as Mayor of the C4 of Round Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality. i "HEf f;f tXJROEj d-„ary Public.Statesy fomm5san E%1AY 7,20 Notary Public, State of Texas STATE OF TEXAS ' ACKNOWLEDGMENT COUNTY OF WILLIAMSON ' 5hctle� Leat�ar�. This instrument was acknowledged before me on this the 3U day of 'cf, 2004, by , a person known to me, in his capacity as resident on v behalf of said Wilshire Homes Management, Inc.,general partner of WILSHIREMEARTHSTONE VENTURE I, L.P. �aauuwmn `P M, p0 ` Notary Public, State of Texas y _ of 'i%q� fXP RAS.•1• `\�;. STATE OF TEXAS ' ACKNOWLEDGMENT COUNTY OF WILLIAMSON p This instrument was acknowledged before me on this the 2—e day of 1 , 2004, by TODD JANSSEN, a person known to me, in his capac y as Vim,(, ,�r Ac-g a+Oecl on behalf of said Pulte Homes of Texas, L.P.. SANDRA A.BENBOW my coMMISSION EXPIRES October 27,2004 otary Public, State of Texas After recording, return to: Charles Crossfield Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AUSTIN SURVEYORS P.O.BOX 180243 AUSTIN,TEXAS 78718 2105 JUSTIN LANE#103 (512)454-6605 Accompaniment for plat 1043-wilshireP FIELD NOTES FOR 1.496 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Document No. 2000006061 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in the South comer of the above mentioned 8.856 acre tract, in an angle point of a 147.076 acre tract of land, designated as Tract 3, in a deed to Round Rock Ranch Ltd. recorded in Volume 2418, Page 51 of the Deed Records of Williamson County, Texas and the South comer of a 9.550 acre tract of land conveyed to C.F. Ertz by deed recorded as Document No. 9621999 of the above mentioned Official Records, for the Southwest comer of this tract.. THENCE N 26024'58"W with the West line of the above mentioned 8.856 acre tract 51.96 feet to an iron pin found for an angle point of this tract. 00 THENCE N 04029'45 W with the West line of the said 8.856 acre tract 52.66 feet to an iron pin set for the Northwest comer of this tract. CD O THENCE with the arc of a curve to the right 19.17 feet, said curve having a radius of T-1 1450.00 feet, a central angle of 00°45'27", and a sub-chord which bears N 87°25'32" E C+V 19.17 feet to an iron pin set for the PT of the said curve. O THENCE N 87048'15" E 619.12 feet to an iron pin set on the East line of the said 8.856 acre tract and the West line of a 73.160 acre tract of land conveyed to Pulte Homes of Texas L.P. by deed recorded as Document 2000006058 of the said Official Records for the Northeast comer of this tract. THENCE S 16017'35" E 104.78 feet to an iron pin set on the North line of the above mentioned 9.550 acre tract , in the East comer of the said 8.856 acre tract, for the East comer of this tract. THENCE S 87047'06"W with the North line of the said 9.550 acre tract and the South line of the said 8.856 acre tract 214.62 feet to an iron pin set for an angle point of this tract. EXHIBIT yl �� 1.496 ACRES PAGE 2 OF 2 THENCE S 88000'57" W 425.77 feet to the POINT OF BEGINNING containing 1.496 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during May of 2001 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title from Wilshire Homes, Inc. to The City of Round Rock. Any use of this description by any person for any other purpose is expressly prohibited. 0 F TFC P `SIT f RF v Q Claude V. Hinkle, Jr. R.P.L.S. No. 4629 ------------ �CLAUDE F.HINKLE JR.,� r � 4629 P'� 0 ooS U P,pp�� Date 1043-rowded.doc Gem 00 1 O cri O O Survey plat showing a 1.496 acre tract of land in the P.A. Holder Survey, A-297 Williamson County, Texas 1.01^es of Jxas' Profused ROW Scale 1 — lOO' >:......... 040123 2 ::.. — T3 _ f Q � om m M U y y L 1 Wilshire Homes, Inc. N W sfie 8.856 AC. : f� V DOC#2000006061 N ^ h NOTE: T2 Bearings shown hereon are ANT OF BEGINNING1� -� grid bearings determined by GPS RTK methods fora u.. UNE BEARING r.4,. local plane centered near y DISTANCE s the Southeast comer of the 1>^^y� T7 142624 56 51NCE T2 N04 29,45 P.A. Holder Survey, 52.66 Abstract No. 297. 0" "'�� T3 S16'1 35 E 104.78 3a `� CURVE RADIUS ARC st<X 1-ENGTN DELTA ANGLE CHORD LENGTN C}IORp SING �t� C1 1450.00 19.17 00 45 27 19.17 t N87'25 32 E g N LEGEND ' 1. Clouds F. Winkle, Jr., o Registered Professionol Land Surveyor, O Iron Pin Set do herby certify that this plot accurately represents the results • Iron Pin Found 3� of on on-the-ground survey made under my supervision during r' Juns of 2001 and is correct to the best of my knowledge and Field notes Prepared }i belief. S 1�S r��r © Austin Surveyors 2001 or is e,�F./; 0. CIM O i 1046-too }y A, 'E e oat« en+cer. 001 oheoked ReNeed: CLAUDE F.Hl�1KL JR. `� ;r�� •t � 462§ � suRv�' AUSTIN SURVEYORS re 5k - 2105 Justin Lane X103 {ri Austin, Texas 78757 jR 51Z-454-6605 :; til: A.4 4CI' �a T ttit EXHIBIT "�:' ::,,., �;T U11 M; e `orrtt`of'�i�tEXt"bpi ' 'page g , was`not ` s Jearly legible for satisf"tory remriation. AUSTIN SURVEYORS P.O.BOX 180243 AUSTIN,TEXAS 78718 2105 JUSTIN LANE#103 (512)454-6605 Accompaniment for plat 1043-pulteP FIELD NOTES FOR 3.224 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 73.160 acre tract of land, designated as tract 31), conveyed to Pulte Homes of Texas. L.P. by deed recorded as Document No_ 2000006058 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set in the Southwest comer of Forest Creek Drive as set out on the plat of Sonoma Section 5 as recorded in Cabinet Slide of the Plat Records of Williamson County,Texas for the Southeast corner of this tract. THENCE S87'49'14" W across Rusk Road as set out in Volume 2110, Page 653 of the above mentioned Official Records 59.86 feet to an iron pin found in the Northeast comer of a 1.98 acre tract of land conveyed to E.D. Blanchard by deed recorded in Volume 993. Page r 878 of the Deed Records of Williamson County, Texas for an angle point of the above mentioned 73.160 acre tract and an angle point of this tract. THENCE S 87°40'08"W with the South line of the said 73.160 acre tract 686.06 feet to an iron pin found in the Northwest corner of a 1.96 acre tract of land conveyed to E.D. Blanchard by deed recorded in the above said Volume 993, Page 878 and the Northeast comer of a 1.98 acre tract of land conveyed to Verde Landscape Services, Inc. by deed recorded as Document No. 9666385 of the above mentioned Official Records, for an angle point of this tract. THENCE S 87035'25"W with the South line of the said 73.160 acre tract 273.76 feet to an iron pin found in the Northwest corner of the above mentioned Verde Landscape tract and the Northeast comer of a 2.37 acre tract of land conveyed to Christie Fletcher by deed recorded as Document No. 2000002195 the said Official Records, for an angle point of this tract. THENCE S 87058'48"W with the South line of the said 73.160 acre tract 328.65 feet to an iron pin found in the Northwest comer of the above mentioned 2.37 acre tract and the Northeast corner of a 9.550 acre tract of land conveyed to Christie F Ertz. by deed recorded as Document No. 9621999 of the above mentioned Official Records, for an angle point of this tract. THENCE S 87047'06" E 24.40 feet to an iron pin set in the Southeast comer of a 8.856 acre tract conveyed to Wilshire Homes, Inc. by deed recorded as Document No. 2000006061 of the said Official Records and the Southwest corner of the said 73.160 acre tract for the Southwest comer of this tract. THENCE N 16017'35"W with the East line of the above mentioned 8.856 acre tract and the West line of the said 73.160 acre tract 104.78 feet to an iron pin set for the Northwest comer of this tract. EXHIBIT J.124 ACRES PAGE 2 OF 2 THENCE N 87048'15" E 1398.25 feet to an iron pin set in the Northwest comer of Forest Creek Drive for the Northeast comer of this tract. THENCE S 02011'45" E 100.00 feet to the POINT OF BEGINNING containing 3.224 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during May of 2001 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title from Pulte Homes of Texas L.P. to The City of Round Rock. Any use of this description by any person for any other purpose is expressly prohibited. OF TF�yQ 5T e 4-Claude F. Hinkle,Jr. R.P.L.S. No. 4629 �CLAUDE F.HINKLE A. 4629 4 0 /o �aQ SUR Et`�F'pO � Date 1043-rowdeddoc adp� Survey plat showing a 3.224 acre tract of land in the P.A. Holder Survey, A-297 Williamson County, Texas 040123 -'4 j Scale 1" = 200' _---- 0 Y 0 � m rist:e : 'e.c;: y :" # .... . .. N m � UNE BEARING DISTANCE x- Tt 58T47 O6 24.40 0 T2 Ni 1735 104.78 —— T3 SO2'11 45 E 100.00 T4 S8T4914 59.86 a Q/ :'erde ._,.,.SSC^^e a! .:eT.,CeS, ...... 1 .. W ' 40Vt ----- Pulte Homes U nj of Texas, L.P. 73.160 AC. M N tract 3D N DOC#2000006058 i' 00 NOTE: e y Bearings shown hereon are – =1 grid bearings determined by GPS RTK methods for a local plane centered near =" the Southeast comer of the _ �_a P.A. Holder Survey, Abstract No. 297. a ry S; m 0_ Wz T3 } < � � ^ sec IIS I LEGEND r r t 1 O Iron Pin Set /'� /1 • Iron Pin Found r ti, 1, Claude F. Hinkle, Jr., a Registered Professional Land Surveyor, do hereby certify that this plat accurately represents the results { :5 of an on–the–ground survey mode under my supervision - June of 2001 and is correct to the best of �/ Field notes prepared V belief. my kn Med and 3t 9 ©Austin Surveyors 2001 7 M•� � r OF ? :} '��•a i•T� Nos 1043—loo Di . t ,`P•�o' 'r4 4- oat•: •mbar. 1 gNokW 7k rq t o9N soak +•�200 ReN.•e: ` + CI!1U U. F.HINKLI.�R. 4629 4 AUSTIN. SURVEYORS $ Si 2105 Justin Lane /103 ` �', Austin, Texas 78757 a 512-454-6606 EXHIBIT RCS::L� : :V1CP''141)[;M of the ztext on this p»tgie wzs not ` >' s 3caily legible for e i ictac�c000 aolrr :. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004068873 08/31/2004 02:34 PM CARRILLO $46.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS f CITY OF ROUND ROCK ADMINISTRATION l? f 224 EAST MAIN STREET ` `' ROUND ROCK, TEXAS 78664