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R-08-11-13-12G8 - 11/13/2008RESOLUTION NO. R -08-11-13-12G8 WHEREAS, the City of Round Rock, Texas (the "City") , previously received a Petition for Consent to the Creation of Municipal Utility Districts, proposed to be known as Paloma Lake Municipal Utility District No. 1 and Paloma Lake Municipal Utility District No. 2 (collectively, the "Districts") covering approximately 726.21 acres of land located in the City's extraterritorial jurisdiction (the "Land"), a copy of which petition is attached as Exhibit A; and WHEREAS, by Resolution No. R -05-09-22-14G3 (the "Original Resolution"), the City approved a Consent Agreement with Blake Magee Investments, L.P. (the "Consent Agreement"), a copy of which is incorporated into the Original Resolution, and consented to the creation of the Districts in accordance with the Consent Agreement; and WHEREAS, the Districts have been created by the Texas Commission on Environmental Quality, and their creations have been confirmed by the voters within their respective boundaries; and WHEREAS, the Districts have requested that the City approve a resolution confirming the City's consent to their creation; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of the City of Round Rock, Texas, confirms its written consent to the creation of Paloma Lake Municipal Utility District No. 1, containing the 379.04 acres of land more fully described by metes and bounds on Exhibit B, attached hereto and incorporated herein by reference, and Paloma Lake 0:\WDOX\RESOLUTI\R81113G8.DOC/rmc Municipal Utility District No. 2, containing the 347.17 acres of land more fully described on Exhibit C, attached hereto and incorporated herein by reference. 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 13th day of November, 2008. ATTEST: NNIAA-- . SARA L. WHITE, City Secretary 2 0 )e)e) .4.--------6 ALAN MCGRAW, Mayor City of Round Rock, Texas PETITION FOR CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned (the "Petitioner"), holding title to the land described below and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, respectfully petitions the City Council of the City of Round Rock, Texas, for its written consent to the creation of two municipal utility districts over the Land and, in support thereoff, would show the following: I. The name of the proposed Districts are PALOMA LAKE MUNICIPAL UTILITY DISTRICT NO. 1 AND PALOMA LAKE MUNICIPAL UTILITY DISTRICT NO. 2. II. The Districts will be created and organized under the terms and provisions of Article XVI. Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code. II1. The Districts will collectively contain a total of approximately 757.47 acres of land, more or less, situated in Williamson County, Texas. All of the land proposed to be included in the Districts is located within the extraterritorial jurisdiction of the City of Round Rock, Texas (the "City"). A11 of the land proposed to be included may properly be included in the Districts. The land proposed to be included within the Districts is described by metes and bounds on Exhibit "A", which is attached hereto and incorporated herein for all purposes. IV. Petitioner holds title to land proposed to be included within the Districts and is the owner of a majority in value of such land, as indicated by the tax rolls of Williamson County, Texas. V. The general nature of the work to be done by the Districts at the present time is the design, construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the Districts, and to control, abate and amend local storm waters or other harmful excesses of waters, and such other construction, acquisition, improvement, maintenance and operation of such additional facilities, systems. plants and enterprises as shall be consonant with all of the purposes for which the Districts are created. 18596'-1 07/30`2004 VI. There is a necessity for the above-described work, because there is not now available within the area, which will be developed for single family residential and commercial uses, an adequate waterworks system, sanitary sewer system, or drainage and storm sewer system. The health and welfare of the present and future inhabitants of the area and of the territories adjacent thereto require the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of an adequate waterworks system, sanitary sewer system, and drainage and storm sewer system. A public necessity, therefore, exists for the creation of the Districts, to provide for the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of such waterworks system, sanitary sewer system, and drainage and storm sewer system, to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. A preliminary investigation has been made to determine the cost of the proposed Districts' project, and it is now estimated by the Petitioner from such information as it has at this time, that such cost for Paloma Lake Municipal Utility District No. I will be approximately $30,000,000 and that such costs for Paloma Lake Municipal Utility District No. 2 will be approximately $30,000,000. Petitioner, by submission of this Petition, requests the City's consent to the creation of the Districts containing the land as described by metes and bounds in the attached Exhibit -A-. WHEREFORE, Petitioner prays that this petition be heard and that your Honorable Body duly pass and approve an ordinance or resolution granting consent to the creation of the Districts and authorizing the inclusion of the land described herein within the Districts. 2 185963-1 07130/2004 RESPECTFULLY SUBMITTED this f -Vi day of rag ea , 2004. NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership By: NELSON HOMESTEAD MANAGEMENT, L.L.C., a Texas limited Iiability company Its General Partner THE STATE OF TEXAS COUNTY OF Aet..vic3) This strument was acknowledged before me on the day of fiL 2004, by Tom E. Nelson, Jr., Manager of Nelson Homestead Management, L.L.C., a Texas limited liability company, General Partner of Nelson Homestead Family Limited Partnership, Ltd.. a Texas limited partnership on behalf of said entities. (SEAL) r Pus4, 185963-1 07/30/2004 CINDY L. MARRING T ON Notary Piubiic, State of Texas My Commission Expires SEPTEMBER 17, 2007 3 Notary Pubc, State of Texas 757.47 ACRES A PARCEL OF LAND IN WILUAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT No. 173; THE THOMAS GLASSCOCK SURVEY, ABSTRACT No, 255; THE JOHN L. JUSTICE SURVEY, ABSTRACT No. 358; THE HENRY MILLARD SURVEY, ABSTRACT No. 452; THE WILLIAM DUNN SURVEY, ABSTRACT No. 196; AND THE ROBERT McNUTT ABSTRACT No- 422 THE SA BEING A PART OF THAT 868.54 ACRE TRACT OF LAND CONVEYED TO TOM E. NELSON JR., TRUSTEE, BY DEED RECORDED IN VOLUME 1133, PAGE 839 OF THE OFFICIAL RECORDS OF W7LLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT 27.03 ACRE TRACT OF LAND CONVEYED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN DOCUMENT No, 9828296 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at concrete monument numbered 40 found for the Most Northerly Northeast Comer of the said 888.54 Acre Tract; THENCE along the North and East Lines of the said 888.54 Acre Tract the following two (2) courses: 1. 8.21 °37'04°E., a distance of 845.74 f8et to a fence comet post ; 2. N.70°05'311 E., along a fence, a distance of 475.41 feet to a 3,2" iron rod found In the West Line of County Road 110 (Tormerly known as Bell Gin - Hutto Road), as said West Line Is presently fenced; THENCE 5.16°37'39"E.. along the said West Line of County Road 110, a distance of 349.01 . feet to a V Iran rod set in the North Line of County Road 112; THENCE S.20°30'50"E., crossing County Road 112, a distance of 88.54 feet to a steel fence comer post In the South Une of County Road 112 and In the West Line of County Road 110 for the Point of Beginning; THENCE continue along the West Line of County Road 110 the following five (5) courses: 1. 8.19°48'14"E., a distance of 1249.32 feet to a 34° iron rod found; 2. S.17°43'50"E., a distance of 851.59 feet to a'r4" iron rod found; 3. 5.13.19130"E., a distance of 1391.28 feet to a 34" iron rod found; 4. S.13.19'3011E., a Mance of 104.91 feet to a 34" iron rod set 5. 8.08"33'12"E. a distance of 317.45 feet to a 60d nail set in a fence post, the same being the Most Northerly Comer of that 0.55 Acre Tract of land conveyed to Jonah Water Supply Corporation Tbyder recorded In Volume 987, Page 399 of the Official Records of Williamson County, THENCE along the West Line of the saki 0.55 Acre Tract the following two (2) courses: 1. S.42°17'48"W.,a distance 01180.40 feet to a 60d nak set in a fence post; 2. S.28°35'54"E., a distance of 293.56 feet to a SC' Iron rod found for the Most Southerly tILAND1001.1050110461DOCSU 046 -$UR VEY.rtr Page 1 Of 3 EXHIBIT A 757.47 ACRES Comer of the said 0.55 Acre tract and to the West Line of County Road 110; THENCE a W iron rod 8'11 ., along the WestLine of County Road 110, a distance of 2009.23 feet to THENCE continue S.29°48'11 "E., a distance of 215.73 feet to the North Line of County Road 122 as fenced; THENCE N.89°39`47"tJy, along the North Line of County Road 122 as fenced, a distance of 2264.63 feet to a W iron rod set in the East Line of that 6.51 Acre Tract of Lesley C. Madsen and Cheryl L. Madsen by deed recorded in Volume 869, P g� 05 of to Official Records of Williamson County, Texas, from which point a 34" iron rod found for an angle point in the East Line of the said 8.51 Acre Tract bear; S.00°15'41.' 9.28 feet; THENCE N.00'15'41'1E, along the East Line of the 6.51 Acre T a W iron rod found for the Northeast Comer of the 6.51 Acre Tract; a distance of 254.84 feet to THENCE N.89°55'14'., along the North Line of the saki 6.51 Acre Tract, a distance of 591.06 feet to a 1" Iron pipe found; THENCE N.89•59'04°W,, at a distance of 14.42 f eet Acre Trod and continue as pass the Northwest Comer of the 8.51 Chester Madsen and Joyce the North Line of that 181.11 Acre Tract of land conveyed to Chutes of yce Madsen by deed recorded in Volume 434, Page 178 of the Deed Rethecords NorthwestWilliamson County, said s,in 1 1al q ttootall distance of 938.71 feet to a 1 iron ° pipe set THENCE along the West Line of the said 161.11 Acre Tract the following three (3) courses: 1. 8.01°38139"E., a distance of 276.85 feet to a 60d 2. 8.02°11'03" W,, a distance of 120.77 nail set found;by a fence poet; 3. 8.00°30'11°W. a distance feet to a 1 iron pipe of that 4.46 Acre distance of 12�B0 feet to a 37" iron rod fount for the Northwest ofdeh recorded in Tract of land Page 9 of ed to al C. Jail, Jr., and GeraldinK. i Comer Texas;Deed Records of 1►4Nlliatnson County, THENCE 5.01.19'26"' , along the West Line of the said 4.48 Acre feet to a W' iron rod found for the SouthwestComer of the said 4.46 Ac e�' a act ands a 551.22 Northwest Comer of that 2.00 Acre Tract of land (Tract 2) conveyed to Marjorie and S. Jade de recorded In Volume 792, Page 304 of the Deed Records of Williamson County, THENCE 6.01°33'01W, along the West Una of Texas; by ed feet to a X` Iron rod found for the Southwest Comer said 2.001 Mathe Northwest Comer of Tract 1 Conveyed In the Tract, a distance of 240.91 said deed recorded in Volume 792, Page 304; THENCE 5.01'1 Q'24'1N., along the W est Line of said Tract 1, a distance of 273.52 feet to a X' iron rod found in the North Line of County Road 122 for the Southwest Corner of said Tract 1; S:tLAND1001-1850t10g6000811048.8L FiVEY.rtf Page 2of3 EXHIBIT A 757.47 ACRES THENCE along the North Une of County Road 117, as fenced, the following three (3) courses; 1. N.89°50'22" N/,, a distance of 1439.07 feet to a W iron rind set; 2. N.89'54'531W., a.distance of 1094.50 feet to a W Iron rod set; 3. • N.89'44'06'W., a distance of 52.85 feet to a 'h' iron rod set; THENCE along the East Line of County Road 117, as fenced, the following five (5) courses: 1. N.42'21'291W., a distance of 49.82 feet to a Nikon rod set; 2. N.18'21'231'W., a distance of 1696.94 feet to a fence post comer, 3. N.16'42'47"W., a distance of 256.40 feet to a SS' iron rod set; 4. N.76°2125"., a dunce of 153.47 feet to a iron rod found; 5. N.18°14'48"W., a distance 011113.89 feet to a 'r4" iron md found for the Southwest Comer of the said 27.03 Acre Tract • THENCE N.18'1420"W., along the West Une of the said 27.03 Acre Tract, the same taring the East Line of County Road 117, a distance of 1210.50 feet to a W iron rod set for the Northwest Comer of the saki 27.03 Acre Tract and to the South Line of County Road 112; ; THENCE along the South Line of County Road 112 the following nine (9) courses: 1. N.55°49'42"E., a distance of 183.23 feet to a 34` iron rod set; 2. N.57°46'29'E., a distance of 535.18 feet to a 34' Iron rod set; 3. N.55°27137°E., a distance of 180.43 feet to a 351' iron rod found; 4. N.62•5719'E., a distance of 543.87 feet to a 1' Iron rod set; 5. N.64°04'331E., a distance of 668.47 feet to a 14: iron rod found; 6. N.62°38'45'E., a distance of 1119.31 feet to a W iron rod found; 7. N.62'40'404E., a distance of 735.85 feet to a 34' iron rod set; 8. N.63.07'32"E„ a distance of 1050.79 feet to a 14" iron rod set; 9. N.63°2214"E., a distance of 1548.91 feet to the said Point of Beginning. Containing 757.47 acres, more or less. ,70 J. Kenneth Weigfr Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 SA.ANC 1001-106011o461aocs110415suRVEYN Page 3 of 3 EXHIBIT A 379.04 ACRES A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT No. 173; THE THOMAS GLASSCOCK SURVEY, ABSTRACT No. 255; THE JOHN L. JUSTICE SURVEY, ABSTRACT No. 356; AND THE ROBERT McNUTT SURVEY, ABSTRACT No. 422 THE SAME BEING A PART OF THAT 868.54 ACRE TRACT OF LAND CONVEYED TO TOM E. NELSON, JR., TRUSTEE, BY GEED RECORDED IN VOLUME 1133, PAGE 639 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT 27.03 ACRE TRACT OF LAND CONVEYED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP, BY DEED RECORDED IN DOCUMENT No. 9828296 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY '- DESCRIBED AS FOLLOWS: COMMENCE at concrete monument numbered 40 found for the Most Northerly Northeast Corner of the said 868.54 Acre Tract; THENCE along the North and East Lines of the said 868.54 Acre Tract the following two (2) courses: 1. S.21 °37'04"E., a distance of 645.74 feet to a fence corner post ; 2. N.70°05'31"E., along a fence, a distance of 475.41 feet to a 1/2" iron rod found in the West Line of County Road 110 (formerly known as Bell Gin - Hutto Road), as said West Line is presently fenced; THENCE S.16°37'39"E., along the said West Line of County Road 110, a distance of 349.01 feet to a'/2" iron rod set in the North Line of County Road 112; THENCE S.20°30'50"E., crossing County Road 112, a distance of 66.54 feet to a steel fence comer post in the South Line of County Road 112 and in the West Line of County Road 110; THENCE along the South Line of County Road 112 the following three courses: 1. S.63°22'34'W. a distance of 1548.91 feet to a %" iron rod set; 2. S.63°07'32'W. a distance of 1050.79 feet to a %" iron rod set; 3. S.62°40'40'W. a distance of 698.00 feet to the Point of Beginning; THENCE crossing the said 868.54 Acre Tract the following nine courses: 1. S.27°19'20"E. a distance of 532.48 feet; 2. S.78°52'40"E. a distance of 243.79 feet; 3. S.00°00'00"W. a distance of 1166.44 feet; 4. S.32°15'56"E. a distance of 876.92 feet; 5. S.78°58'29"E. a distance of 60.19 feet; 6. N.71 °36'38"E. a distance of 869.16 feet; 7. S.02°31'43'W. a distance of 841.08 feet; 8. S.56°46'15'W. a distance of 315.99 feet; 9. S.04°57'21 "E. a distance of 959.01 feet to the North Line of that 161.11 Acre Tract of land S:1LAND1200-12491121911219-MUD-1. rtf Page 1 of 3 379.04 ACRES conveyed to Chester Madsen and Joyce Madsen by deed recorded in Volume 434, Page 176 of the Deed Records of Williamson County, Texas; THENCE N.89°59'04'W., along said North Line, a distance of 359.16 feet to a 1" iron pipe set for the Northwest Corner of the said 161.11 Acre Tract;; THENCE along the West Line of the said 161.11 Acre Tract the following three (3) courses: 1. S.01 °38'39"E., a distance of 276.85 feet to a 60d nail set by a fence post; 2. S.02°11'03'W., a distance of 120.77 feet to a 1" iron pipe found; 3. S,00°30'11 "W. a distance of 125.60 feet to a %" iron rod found for the Northwest Corner of that 4.46 Acre Tract of land conveyed to Duval C. Jarl, Jr., and Geraldine K. Jarl by deed recorded in Volume 792, Page 319 of the Deed Records of Williamson County, Texas; THENCE S.01°19'26"W., along the West Line of the said 4.46 Acre Tract, a distance of 551.22 feet to a '/" iron rod found for the Southwest Corner of the said 4.46 Acre Tract and the Northwest Comer of that 2.00 Acre Tract of land (Tract 2) conveyed to Marjorie S. Jarl by deed recorded in Volume 792, Page 304 of the Deed Records of Williamson County, Texas; THENCE S.01 °33'01"W., along the West Line of the said 2.00 Acre Tract, a distance of 240.91 feet to a 1/" iron rod found for the Southwest Corner of said Tract 2 and the Northwest Corner of Tract 1 conveyed in the said deed recorded in Volume 792, Page 304; THENCE S.01°10'24"W., along the West Line of said Tract 1, a distance of 273.52 feet to a'/" iron rod found in the North Line of County Road 122 for the Southwest Corner of said Tract 1; THENCE along the North Line of County Road 117, as fenced, the following three (3) courses: 1. N.89°50'22'W., a distance of 1439.07 feet to a %" iron rod set; 2. N.89°54'53"W., a distance of 1094.50 feet to a W iron rod set; 3. N.69°44'06"W., a distance of 52.85 feet to a'/" iron rod set; THENCE along the East Line of County Road 117, as fenced, the following five (5) courses: 1. N.42°21'29"W., a distance of 49.82 feet to a W iron rod set; 2. N.18°21'23"W., a distance of 1696.94 feet to a fence post comer; 3. N.16°42'47"W., a distance of 256.40 feet to a %s" iron rod set; 4. N.76°21'25'W., a distance of 153.47 feet to a %z" iron rod found; 5. N.18°14'48'W., a distance of 1113.89 feet to a W' iron rod found for the Southwest Carver of the said 27.03 Acre Tract; THENCE N.18°14'20"W., along the West Line of the said 27.03 Acre Tract, the same being the East Line of County Road 117, a distance of 12.48 feet to a point on a non -tangent curve to the left; S:\LAN D 1200-1249\1219\1219-M U D-1. rtf Page 2 of 3 379.04 ACRES THENCE crossing the said 20.03 Acre Tract and along the arc of said curve to the !eft a distance of 1529.61 feet, (said curve having a radius of 950.00 feet, a central angle of 92°15'11", and a chord bearing N.11 °35'13"E., 1369.66 feet); THENCE N.34°32'23"W., a distance of 180.52 feet to the South Line of County 112; THENCE along the South Line of County Road 112 the following six courses: 1. N.57°46'29"E., a distance of 66.94 feet to a W iron rod set; 2. N.55°27'37"E., a distance of 180.43 feet to a'/" iron rod found; 3. N.62°57'39"E., a distance of 543.87 feet to a W iron rod set; 4. N.64°04'33"E., a distance of 668.47 feet to a y/: iron rod found; 5. N.62°38'45"E., a distance of 1119.31 feet; 6. N.62°40'40"E., a distance of 37.85 feet to the Point of Beginning. Containing 379.04 acres, more or less. J. Kenneth Weigand Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests In real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. S:\LAND 1200 -1249\121911219 -MUD -1. rtf Page 3 of 3 347.17 ACRES A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT No. 173; THE JOHN L. JUSTICE SURVEY, ABSTRACT No. 356; THE HENRY MILLARD SURVEY, ABSTRACT No. 452; THE WILLIAM DUNN SURVEY, ABSTRACT No. 196; AND THE ROBERT McNUTT SURVEY, ABSTRACT No. 422 THE SAME BEING A PART OF THAT 868.54 ACRE TRACT OF LAND CONVEYED TO TOM E. NELSON, JR., TRUSTEE, BY DEED RECORDED IN VOLUME 1133, PAGE 639 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at concrete monument numbered 40 found for the Most Northerly Northeast Corner of the said 868.54 Acre Tract; THENCE along the North and East Lines of the said 868.54 Acre Tract the following two (2) courses: 1. S.21 °37'04"E., a distance of 645.74 feet to a fence comer post ; 2. N.70°05'31"E., along a fence, a distance of 475.41 feet to a'/2" iron rod found in the West Line of County Road 110 (formerly known as Bell Gin - Hutto Road), as said West Line is presently fenced; THENCE S.16°37'39"E., along the said West Line of County Road 110, a distance of 349.01 feet to a %z" iron rod set in the North Line of County Road 112; THENCE S.20°30'50"E., crossing County Road 112, a distance of 66.54 feet to a steel fence corner post in the South Line of County Road 112 and in the West Line of County Road 110; THENCE S.19°46'14"E., along the West Line of County Road 110, a distance of 401.78 feet to the Point of Beginning; THENCE continue along the West Line of County Road 110 the following four courses: 1. S.19°46'14"E., a distance of 847.53 feet to a'/" iron rod found; 2. S.17°43'50"E., a distance of 651.59 feet to a /" iron rod found; 3. S.13°19'30"E., a distance of 1391.28 feet to a %" iron rod found; 4. S.13°19'30"E., a distance of 51.10 feet; THENCE departing the West Line of County Road 110 and crossing the 868.54 Acre Tract the following five courses: 1. S.83°09'04'W. a distance of 192.14 feet; 2. N.75°03'32"W. a distance of 75.15 feet; 3. S.11°10'29'W. a distance of 174.11 feet; 4. S.19°30'41"W. a distance of 353.88 feet to a point on a non -tangent curve to the right; 5. Northeasterly along the arc of said curve, a distance of 513.14 feet (said curve having a radius of 1250.00 feet, a central angle of 23°31'14" and a chord bearing N.65°49'12"E., 509.54 feet) to the West Line of County Road 110; THENCE S.08°33'12"E., along the West Line of County Road 110, a distance of 67.85 feet to a 60d nail set in a fence post, the same being the Most Northerly Corner of that 0.55 Acre Tract of land conveyed to Jonah Water Supply Corporation by deed recorded in Volume 987, Page 399 of the Official Records of Williamson County, Texas; SALAN 1200-1249 1 22 011 220 -MUD -2. rtf Page 1 of 3 EXHIBIT ,Cn 347.17 ACRES THENCE S.42'17'46"W., along the West Line of the said 0.55 Acre Tract, a distance of 57.96 feet to a point on a non -tangent curve to the left; THENCE departing the West Line of the said 0.55 Acre Tract and crossing the said 868.54 Acre Tract the following four courses: 1. Southwesterly along the arc of said curve, a distance of 673.34 feet (said curve having a radius of 1150.00 feet, a central angle of 33°32'51" and a chord bearing S,58°13'14"W., 663.76 feet); 2. S.53°56'11"E. a distance of 526.12 feet; 3. N.32°35'36"E. a distance of 138.79 feet; 4. N.58°46'46"E. a distance of 192.40 feet to the West Line of County Road 110; THENCE S.29°48'11"E., along the West Line of County Road 110, a distance of 1905.99 feet to a %" iron rod set; THENCE continue S.29°4811"E., a distance of 215.73 feet to the North Line of County Road 122 as fenced; THENCE N.89°39`47"W., along the North Line of County Road 122, as fenced, a distance of 2284.63 feet to a 1/" iron rod set in the East Line of that 6.51 Acre Tract of land conveyed to Lesley C. Madsen and Cheryl L. Madsen by deed recorded in Volume 669, Page 105 of the Official Records of Williamson County, Texas, from which point a'/" iron rod found for an angle point in the East Line of the said 6.51 Acre Tract bears S.00°15'41"W. 9.28 feet; THENCE N.00°15'41"E., along the East Line of the 6.51 Acre Tract, a distance of 254.64 feet to a %" iron rod found for the Northeast Corner of the 6.51 Acre Tract; THENCE N.89°55'14"W., along the North Line of the said 6.51 Acre Tract, a distance of 591.06 feet to a 1" iron pipe found; THENCE N.89°59'04'W., at a distance of 14.42 feet pass the Northwest Corner of the 6.51 Acre Tract and continue along the North Line of that 161.11 Acre Tract of land conveyed to Chester Madsen and Joyce Madsen by deed recorded in Volume 434, Page 176 of the Deed Records of Williamson County, Texas, in all a total distance of 579.55 feet; THENCE crossing the said 868.54 Acre Tract the following nine courses: 1. N.04°57'21'W. a distance of 959.01 feet; 2. N.56°46'15"E. a distance of 315.99 feet; 3. N.02°31'43"E. a distance of 841.08 feet; 4. S.71°36'38" V1/. a distance of 869.16 feet; 5. N.78°58'29"W. a distance of 60.19 feet; 6. N.32°15'56'W. a distance of 876.92 feet; 7. N.00°00'00'E., a distance of 1166.44 feet; 8. N.78°52'40"W. a distance of 243.79 feet; 9. N.27°19'20"W. a distance of 532.48 feet to the South Line of County Road 112 S :ILA N D 1 2 0 0 -1 24 911 22011 22 0 -MUD -2. rtf Page 2 of 3 347.17 ACRES THENCE along the South Line of County Road 112 the following four (4) courses: 1. N.62°40'40"E., a distance of 698.00 feet to a %° iron rod set; 2. N.63°07'32"E., a distance of 1050,79 feet to a '/" iron rod set; 3. N.63°22'34"E., a distance of 929.21 feet; THENCE departing the South Line of County Road 112 and crossing the said 868.54 Acre Tract the following four courses: 1. S.26°44'41 "E. a distance of 574.93 feet; 2. N.43°53'37"E. a distance of 178.17 feet; 3. N.37°29'47"E. a distance of 306.07 feet; 4. N.70°59'25"E. a distance of 128.33 feet to the said Point of Beginning. Containing 347.17 acres, more or less. /1/ g Z 'F J. Kenneth Weir=nd Registered Professional Land Surveyor No. 5741 State of Texas RJ Surveying, Inc. 1212 East Braker Lane Austin, Texas 78753 This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the cxeation or reconfiguration of the boundary of the political subdivision for which it was prepared. S :1LAN D 1 2 0 0 -1 24911 22 011 220 -MUD -2. rtf Page 3 of 3 DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: *12G8. Consider a resolution confirming the City's consent to the creation of the Paloma Lake MUD No. 1 and Paloma Lake MUD No. 2. Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development On September 22, 2005, the City Council adopted a resolution approving a Consent Agreement with Blake Magee Investments, L.P. for the creation of two MUD's. The original consent agreement described the boundaries of the MUD's as one tract of land. Following the adoption of the foregoing resolution, the tract was divided up between the two MUD's. The TCEQ has requested that the City Council confirm its consent to the creation of the two MUD's with the boundaries of the MUD's being allocated from the original tract of land. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: N/A Public Comment: N/A