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R-01-06-14-16F2 - 6/14/2001RESOLUTION NO. R -01-06-14-16F2 WHEREAS, the City of Round Rock ("City") has entered into various agreements respecting the development of Williamson County Utility District No. 9, including that certain "Water and Wastewater Agreement" dated January 22, 1987, as amended from time to time, and WHEREAS, on January 28, 1993, the City consented to the assignment of all of the right, title and interest of Panoramic Land, Inc. (formerly known as Lomas Land, Inc., formerly known as L & N Land Corp.) in those various agreements to Vista Development Associates, L.P., and WHEREAS, BJM Mayfield Ranch, Ltd. has purchased a 171.194 acre tract ("Property") within the extraterritorial jurisdiction and city limits of the City, and has petitioned the City to annex the 92.670 acres not presently within its corporate limits into its corporate limits, and WHEREAS, the City can provide water and wastewater service to the Property by using the water and wastewater systems of the Williamson County Municipal Utility District No. 2 to pass City water and wastewater service through the Property, and WHEREAS, Vista Development Associates, L.P. proposes to sell the right to receive up to 473 living unit equivalents ("LUEs") of water and wastewater service from the City within the boundaries of Williamson County Municipal Utility District No. 9 under that certain 0:\WPDOCS\RESOLUTI\R10614F2.WPD/sc "Water and Wastewater Agreement" dated January 22, 1987, as amended from time to time, to BJM Mayfield Ranch, Ltd., which LUEs shall be used for the benefit of the Property, and WHEREAS, BJM Mayfield Ranch, Ltd. has requested the City to acknowledge and consent to the assignment of the right to receive up to 473 LUEs of water and wastewater service under that certain "Water and Wastewater Agreement" dated January 22, 1987, as amended from time to time, from Vista Development Associates, L.P. to BJM Mayfield Ranch, Ltd. for use in connection with the Property, and WHEREAS, the City, Williamson County Municipal Utility District No. 9, and BJM Mayfield Ranch, Ltd. desire to enter into an agreement pursuant to which the City may use the water and wastewater systems of Williamson County Municipal Utility District No. 9 to provide City water and wastewater service to the Property, 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 that Agreement Between Williamson County Municipal Utility District No. 9, BJM Mayfield Ranch, Ltd., and the City of Round Rock for Pass -Through Water and Wastewater Service, a copy of said agreement being attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this 2 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, and the Act. RESOLVED this 14th day of June, AT EST: E LAND, City Secretary 3 1111111!1° AO Aid _ ROBE STLUKA, Mayor City of Round Rock, Texas AGREEMENT BETWEEN WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, BJM MAYFIELD RANCH, LTD., AND THE CITY OF ROUND ROCK FOR PASS-THROUGH WATER AND WASTEWATER SERVICE THIS AGREEMENT is entered into as of the ILI day of J(,jie , 2001, by and among WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, Williamson County, Texas, a body politic and corporate and a governmental agency of the State of Texas, organized pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code (hereinafter called the "District"), BJM MAYFIELD RANCH, LTD., a Texas limited partnership (hereinafter called "Developer"), and the CITY OF ROUND ROCK, TEXAS, a municipal corporation organized pursuant to the laws of Texas (hereinafter called the "City"). RECITALS A. Developer is seeking to develop certain property adjacent to the District. That property is more fully described on that Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). Developer desires to obtain water and wastewater service for the Property from the City and to use the District's water and wastewater systems to pass City water and wastewater service through to the Property. B. The City desires to provide water and wastewater service to the Property and to use the District's water and wastewater systems to pass City water and wastewater service through to the Property. C. The District has the right to receive at least 1400 Living Unit Equivalents ("LUEs") of water and wastewater service from the City of Round Rock (the "City") pursuant to that certain "Water and Wastewater Agreement" dated January 22, 1987. The District has determined that 475 of the 1400 LUEs of water and wastewater service are not necessary for development within the District, that sufficient water and wastewater capacity exists within the District's systems to pass 475 LUEs of water and wastewater service through the District's water and wastewater systems to the Property, and that the revenues from the Developer for this pass-through of water and wastewater service would be of benefit to the District. AGREEMENT For and in consideration of the mutual promises, covenants, obligations and benefits of this Agreement, the District and Developer contract and agree as follows: Section 1. Consent to Assignment of Right to Water and Wastewater Service. a. District's Consent. The District hereby confirms that the District records show that Vista Development Associates, L.P. is the owner of the right to receive at least 475 LUEs of water and wastewater service from the City whose use is presently limited to the property within the boundaries of the District, and the District hereby consents to an assignment of the right to receive 475 LUEs of water and wastewater service from Vista Development Associates, L.P. to the Developer for use within the Property. b. City's Consent. The City hereby confirms that the City records show that Vista Development Associates, L.P. is the owner of the right to receive at least 475 LUEs of water and wastewater service from the City whose use is presently limited to the property within the boundaries of the District, and the City hereby consents to an assignment of the right to receive 475 LUEs of water and wastewater service from Vista Development Associates, L.P. to the Developer for use within the Property. Page -2- Section 2. District Pass -Through Water and Wastewater Service. a. Purchase of Capacity. For a period of five years from the date of execution of this Agreement by all parties, Developer may purchase from the District capacity to provide up to 475 LUEs of water and wastewater service through the District's water and wastewater systems. Developer shall pay the District $545.00 per LUE. At the execution of this Agreement, Developer shall pay $27,250 to the District as non-refundable earnest money, which shall be applied to the price of the first fifty (50) LUEs of capacity purchased. Each single-family lot that is platted within the Property shall be one LUE. Payment shall be due thirty (30) days after the date that the City of Round Rock approves a final plat for each single-family lot. For example, if the City of Round Rock approves a final plat of 100 single-family Tots within the Property, then, within 30 days of the City of Round Rock's approval of said final plat, Developer shall pay the District $54,500. b. Use of Capacity. The District shall allow such water to pass through the District's water system and such wastewater to pass through the District's wastewater system as is necessary to provide capacity for the LUEs for which Developer makes the payments provided for in Section 2 hereof. c. Operations and Maintenance Payment. The City shall pay the District $3.75 per active wastewater service connection within the Property per month for the operation and maintenance of the District's lift station used to provide pass-through service to the Property. The City shall prepare and maintain a list of active wastewater service connections within the Property and shall provide that list to the District with its monthly payment to the District. The District shall bill the City on the District's normal billing cycle Page -3- based on the number of active wastewater service connections reported by the City for the previous month. The City's payment shall be due within thirty (30) days after the City's receipt of the bill. Payments not made when due shall bear interest at the monthly rate of one percent (1 %) from their due date until paid. The $3.75 per active wastewater service connection charge may be adjusted by the District annually to reflect the actual reasonable and necessary costs of operating and maintaining the lift station. No change in this charge may take effect sooner than 60 days following the date that the District has provided the relevant data supporting the adjustment to the City. d. Water Metering. The amount of water passed through the District's water system shall be measured by a meter at each point where the water system constructed to serve the Property connects to the District's water system. Metering equipment and related facilities required to properly measure the quantity of water delivered to the Property, shall be designed, installed and constructed by Developer's engineer, at Developer's sole cost and expense. The design, plans and specifications for the metering equipment and related facilities shall be approved by the District's engineer and the City's Water and Wastewater Department prior to installation and construction. The City shall operate and maintain the metering equipment. e. Wastewater Metering. The amount of wastewater passed through the District's water system shall be measured by a meter at each point where the wastewater system constructed to serve the Property connects to the District's wastewater system. Metering equipment and related facilities required to properly measure the quantity of wastewater received from the Property, shall be designed, installed and constructed by Developer's Page -4- engineer, at Developer's sole cost and expense. The design, plans and specifications for the metering equipment and related facilities shall be approved by the District's and the City's Water and Wastewater Department prior to installation and construction. The City shall operate and maintain the metering equipment after its installation. Section 3. Secondary Access Road. Coincident with the first construction of the subdivision improvements in Phase 1 of the Property, a construction road shall be completed as shown on Exhibit "B". This road shall be used as the construction entrance to the Property, and all traffic related to construction within the Property shall make use of this road. In addition, within three (3) years of the Effective Date of this Agreement, Developer shall complete a secondary access road that will connect the Property with FM 1431, as shown on Exhibit "B". Section 4. Default by Either Party. In the event of default by any party, another party may give to the defaulting party written notice of such default specifying the failure or default relied upon. If the defaulting party fails to fully cure the default specified in such notice within thirty days after receipt of such notice, the other party shall have the right to terminate this Agreement as of the date of the event of default, and to thereafter pursue all other legal or equitable remedies. The nondefaulting party may employ attorneys to pursue its legal rights and if it prevails before any court or agency of competent jurisdiction, the defaulting party shall be obligated to pay all expenses incurred by the nondefaulting party, including reasonable attorneys fees. Section 5. Severability. The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or Page -5- circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected thereby. Section 6. Modification. This Agreement shall be subject to change or modification only with the mutual written consent of all parties. Section 7. Assignability. Developer may assign this Agreement to any owner of the Property. Otherwise, this Agreement shall not be assignable by Developer without the prior written consent of the Board of Directors of the District, which consent shall not be unreasonably withheld. Section 8. Applicable Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. Section 9. Parties at Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall never be construed to confer any benefit to any third party. Section 10. Waiver. Each party may specifically, but only in writing, waive any breach of this Agreement by the other party, but no such waiver shall be deemed to constitute a waiver of similar or other breaches by such other party. Section 11. Notices. All notices to the District shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Williamson County Municipal Utility District No. 9 c/o Tom Leonard Leonard Hurt Frost Lilly & Levin, P.C. Page -6- 816 Congress Ave., Suite 1280 Austin, Texas 78701 All notices to Developer shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Blake Magee BJM Mayfield Ranch, Ltd. 1011 N. Lamar Blvd. Austin, Texas 78703 All notices to the City shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Director of Public Works City of Round Rock, Texas 2008 Enterprise Dr. Round Rock, Texas 78664 Any party may change its address by giving written notice of such change to the other party. Section 12. Term. This Agreement shall be in force and effect from the Effective Date for a term of forty (40) years. Section 13. Effective Date. This Agreement shall become effective on date that the City grants Developer's petition to annex that portion of the property not already within the corporate boundaries of the City into the corporate boundaries of the City. Section 14. Multiple Originals. This Agreement shall be executed in a number of counterparts, each of which shall for all purposes, be deemed to be an original, and all such counterparts shall together constitute and be one and the same instrument. Page -7- IN WITNESS WHEREOF, BJM Mayfield Ranch, Ltd. has caused its general partner's name to be hereunto subscribed by its officers, thereunto duly authorized; the President of the District has executed, and the Secretary of the District has attested this instrument, on behalf of said District pursuant to an Order passed and approved by the Board of Directors of said District; and the Mayor of the City has executed, and the Secretary of the City Council has attested this instrument, on behalf of said City pursuant to a Resolution passed and approved by the City Council of said City. EXECUTED AND EFFECTIVE as of UiUG o 7 - WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 By: President, Board of Directors ATTEST: Secretary, Board of Directors ATTEST: CITY OF ROUND ROCK, TEXAS LJ / L21ti7/1L S retary, City Council Page -8- BJM MAYFIELD RANCH, LTD. By: BJM MAYFIELD RANCH GP, INC. Blake Magee, President U:\RAMelvin\13586.21 \pass-through-4-23-cln.wpd, 6/18/2001 Page -9- AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78711 2105 JUSTIN LANE 0103 (512)454.6605 Accompnnimrnl to plc 1061P FIELD NOTES FOR 92.670 ACRES All that certain tract or parcel of land situated in the Ephraim Evans Survey, A-212, the John D Anderson Survey, A-15, and the Washington Anderson Survey, A-15, in Williamson County, Texas and being a part of a 132.00 acre tract of land conveyed to Tom E. Nelson, Jr. by deed recorded in Volume 1235, Page 611 of the Deed Records of Williamson County, Texas, and a part of a 191.27 acre tract of land conveyed to Tom E. Nelson, Jr., Trustee by deed recorded in Volume 970, Page 774 of the above mentioned Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the occupied West line of the above mentioned E. Evans Survey, in the occupied South corner of the John D. Anderson Survey and the occupied North comer of the W. Anderson Survey, for the North comer of Vista Oaks Section I -A & 1-B Revised as recorded in Cabinet J, Slide 139 of the Plat Records of Williamson County, Texas, the East comer of the above mentioned 191.27 acre tract for the East comer of this tract. THENCE S 68°11'58" W with the Northwest line of the above mentioned Vista Oaks Section 1-A & 1-B Revised 1251.86 fiat to an iron pin found for an angle point of this tract. TI -FENCE S 71°29'14" W 40630 feet with the Northwest line of Vista Oaks Section I -A & l -B Revised 406.30 fed to an iron pin set for the South comer of this tract. THENCE 25°14'17" W 68.21 feet to an iron pin set for an angle point of this tract. THENCE N 08°37'49" E 96.61 feet to an iron pin set for an angle point of this tract_ THENCE N 34°13'52" E 466.11 feet to an iron pin set for an angle point of this tract. THENCE N 28°28'21" W 368.53 feet to an iron pin set for an angle point of this tract. THENCE N 44°33'33" W 139.15 feet to an iron pin set for an angle point of this tract. THENCE N 46°45'31" W 279.18 feet to an iron pin set for an angle point of this tract. THENCE N 62°36'01" W 157.28 feet to an iron pin set for an angle point of this tract. THENCE N 43°00'05" W 163.58 feet to an iron pin set for an angle point of this tract. THENCE N 04°54'15" W 406.62 feet to an iron pin set for an angle point of this tract. THENCE N 05°31'23" E 667.90 feet to an iron pin set for an angle point of this tract. THENCE N 14°09'07" W 116.47 feet to an iron pin set for an angle point of this tract. THENCE N 23°23'24" W 357.83 feet to an iron pin set on the Northwest line of the above mentioned 132.00 acre tract for the West comer of this tract. EXHIBIT A — Page 1 92.670 acres PAGE 2 OF 2 THENCE N 68°10'32" E 1248.63 feet to an iron pin found on the Southwest line of a 345.79 acre tract of land conveyed to Brushy Creek Reserve Investments, in the North corner of the above mentioned 132.00 acre tract for the North comer of this tract. THENCE S 18°18'42" E with the Southwest line of the above mentioned 345.79 acre tract 943.78 feet to an iron pin found in the East corner of the said 132.00 acre tract and the North comer of the said 191.27 acre tract for an angle point of this tract. THENCE S 18°20'54" E at 35.22 feet pass an iron pin found in the South comer of the said 345.79 acre tract and the West comer of a 45.60 acre tract conveyed to Tom E. Nelson, Jr. by deed recorded in Volume 1294, Page 38 of the said Deed Records and continue for a total of 15037 feet to an iron pin found at a fence comer post for an angle point of this tract. THENCE S 18°19'38" E with the Northeast line of the said 191.27 acre tract and the Southwest line of the above mentioned 45.60 acre tract 113.85 feet to an iron pin found for an angle point of this tract.. THENCE S 21°41'42" E 1704.48 feet to the POINT OF BEGINNING containing 92.670 acres of land, more or less. 1, 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 February of 2001 and are corned. to the best of my knowledge and belief. These field notes were prepared for a conveyance of title from Tom E. Nelson, Jr. Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. - • - EXHIBIT A — Page 2 Claude F. Hinkle, Jr. R.P.L.S. No. 4629 Jir Date 1061.doc • AUSTIN SUltVLYOIiS I'O.IIUX 1en743 AUtiCIN, HUMS /1171N 21U$ JIIfi1'IN LANK 11103 (Sot) 451 4405 n. ivngrnniuloll to phi 10611' FIELD NOTICS FOR 74.717 ACRD TRACT II: All that curtain tract or parcel of land situated In oho EpI,rnim Evans Survey, A-212, the John D Andorson Snevcy, A-1$,and Iho Washington Andorson Survey, A-15, in Williamson County, 'Ie1cnS and being a part of a 45.60 acre tract of land convoyed to Tom E. Nelson, 1r, by decd recorded in Volume 1294, Page 38 of Jho Deed Records of Williamson County, Texas, a pact of a 9.12 acro Incl of land convoyed to Torn E, Nelson, Jr. by dead rocorded in Volume 1204, Pago 54 of the nllovo mentioned Deed Records, a pall of a 9,12 acre tract of land conveyed to Tom E. Nolson, 1r. by deed recorded hi Vohnno 1381, I'ago 662 of 11 o above montionod D000l Records, and bcii g also a pari of a 27.36 acre tract of lima conveyed to Perry Mayfield of al by dead recorded in Volum° 2027, Pago 763 of tho above montioned Dood Records, and tieing morn particularly deseribod by ,hetes and bounds as follows; BEGINNING at an iron pin found on the oecopiod East lino of a 191.27 acre tract of land convoyed to 'fon E. Nelson, Jr. Trustco by doed recorded in Voluino 970, ('ago 774 of Iho sold Dooil Rocords, in the rcpulod Wost minor of Iho aboyo mentioned E. Evans Survoy and tho South corner of Iho John 1'owoll Survey, A- 401, for the South corner of a 345.79 acro tract of land convoyed to Brushy Crook Investments and 1110 West cornor of this tract, 'I'IICNCE N 69°03'37" 0 with the reputed Norlhwost lino of the said 13vans 5mvcy 827,57 feet to an iron phi set in the West corner of a 65.644 acro tract of land conveyed to Continental Homes of Texas, L.P. by doed recorded in Document No. 2000059786 of fro Official Records of Williamson County, Texas for Jho East co1'11o1. of this tact, '11I1!NC'6 S 20°56'26" 0 with Jho Southwest rine of Iho above mentioned 65.644 ncle tract and Jho Northeast 111)0 of tho said 27.36 acre tract 3934.73 foot to an iron pin set for Uro East comer of this tract l"I IENC13 S 70°27'44" W at 252.01 feel pass the North corner of a 11.74 acre tract of land convcyed'tb Wostsido Church of Christ of Williamson County, Inc. by decd recordud in Volume 2585, Pe,o 532 of Iho above mentioned Official Records and continue fora total of 846,82 fent to an iron pin found on the Northeast Zino of Lot 42 in Block E of Vista Oaks Section 2A Phan 1 as recorded in Cabinet L, Slide 373 of the Plat Records of Williamson County, Texas and the Southwest line of tllo said 45.60 acre tract for Jho Nest comer of the said 11.74 acro tract and duo South corner of this tract. '1110NCE N 20°05'54" W with Elio Noilheast lino of Iho obovo mentioned Plias° 1 and the Southwest Zino of rhe said 45.60 acro tract 178.26 feet to an iron pin fbuud for an auglopoint of this tract, TI IENC1? N 20°02'03" W with Ute Southwest luno of the sold 45.60 acro trod 850.40 feet to an iron pin found in the Notth comer of the said Phase 1 and 1110 East corner of Villa Onl<s Socllon I -A & I•B Rovisod 00 recorded in Cabinet J, Side 189 of Iho above mentioned Plat Records for an nngte point of Ills (incl. l7 j0NC13 N 20°02'25" W with the Southwest lino of the sold 45.60 acro tract 952,50 feet to an iron plat found in duo North corner of Uro said Vista Oaks • Section I -A Sc 1-13 Revised for the Enst corner of 111e above mentioned 191.27 acre tract for an angle point of this tract. 77IENCE N 21041'42" W with the Southwest lino of thesaid 45.60 acre tract and Iho Nortlioast line of the said 191.27 acre tract 1704,48 fent to art iron pill found for nit into point of INS tract. TIIENCO N 18°19'38" W with the Southwest line of the said 45.60 acre tract 113.85 foot to an from pin found for an angle point of this tract. EXHIBIT "B" EXHIBIT A — Page 3 74.717' acres PAGE 2OF2 TIIENcp N I8"20'54" W 115.15 feet to the POINT Or BEGINNING containing 74.717 acres of Land, more or Tess of which 21.92 acres Ito within the A9aytlold 27,36 au tract and 32.80 acres lie within the Nelson tracts„ 1, Claud° r. Hinkle, 1r. , a Registered Professional Land Surveyor, do hereby certify that those field notes Were prepared from an on -the -ground survey trade under my supervision during February of 2001 and aro correct to the bust of my knowledge and belief. Those field notes were prcpaled for a conveyance of title front Tom E, Nelson Jr, Trustee III, Any use of this doscripti°n by these or any other persons for any other trse or pttrpos° is expressly prohibited. EXHIBIT A — Page 4 Claud° F. !tinklJr.l R.P.L.S, No. 4629 hate IO61.d°c mil -04-2001 WED 03:03 rn GEORGETOWN TITLE 4 FAX 140. 5128694255 P. 10/10 AUSTIN SURVEYOI;2S r.o, Sox 12(1243 AUSTIN, TEXAS 727111 2105 JUSTIN LANE PID) on) d643605 AommpN(,hmt to pin 1061 P FIELD NOTES FOR 3.807 ACRES All that certain tract or parcel of land situated in the Ephraim Evans Survey, A-212, in Williamson County. Texas and being a part of a 1437.45 acre tract of land conveyed to Tom E. Nelson, Jr. Trustee #1 by decd recorded in Volume 571, Page 446 of the Deed Records of Williamson County, Texas and being more, particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the Northeast /the of a 27.36 acre tract of land conveyed to Perry Mayfield et al by doed recorded in Volume 2027, Page 763 of the above mentioned Deed Records, in the South comer of a 65.644 acre tract of land conveyed to Continental Homos of Texas, L.P. by deed recorded in Document No. 2000059786 of the Official Records of Williamson County, Texas for the North corner of this tract from which iron pin an iron pin found in the reputed West corner of the above mentioned E. Evans Survey bears N 20°56'26"W 1468.01 feet and S 69°03'37" W 827.57 fent. THENCE N 79°41'05" E with The Southeast, fine of the above mentioned 65,644 acre tract 185.06 feet to an iron pin set for the East corner of this tract THENCE S 15°51'51" E 5.94 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1400.00 feet and a central angle of 07°10'47". THENCE with the arc of the said curve 175.43 feet the long chord of which bears S 19°27'13" E 175.32 fi:ot to an iron pin ret for the PT of the said curve. TJJF.NCE S 23"02'38"E 169.93 feet to an iron pin set in tho PC of a curve to the right said curve having a radius of 1100.00 feet and a central angle of 13°39'50", THENCE with the arc oftbo said curve 262.33 feet the long chord of which bears S 16°12'43" E 261.71 foot to an iron pin set for the PT of the said curve, THENCE S 09°22'48"E 492.89 feet to an iron pin set for the South corner of this tract. THENCE, N 80°37'12" W 64.00 fear to an iron pin set on the Northeast Zine of Me above mentioned 27,39acre tract for an angle point of .this tract. THENCE N 20°56.26" W 1115.990 feet to the POINT OF BEGINNING containing 3.807 acros of land, more or less. 1, Claude F, Hinkle, Jr. a Registered Professional Land Surveyor, do hereby certifjr that these field notes were prepared from an on -the -ground survey February of 2001 and are correct to the best of my knowledge and belief. These field noteduring s were prepared fore conveyance of title from Tom E. !Nelson Jr. Trustee 111. Any use of this description by thesis or any other persons for ally other use or purpose is expressly prohibited. EXHIBIT "A1I Claude P Hinkle, Jr. R.P,L.Sa\lo. 9629 Date--'~�--- I061.dnc EXHIBIT A — Page 5 • 1, al ! z/ cbt11 11:26 512476E ______ 4 • FUTURE A,4rERlAC H" —----`------ tip • a:wt "�L F� '\ �• LARSON BURNS r MAYFI ELD PROPERTY r P GE 02/02 • 1 1 I 1j SECONDARY ACCESS ROAD AND CONSTRUCTION ROAD F. P.M. 1 4 3 1 EXHIBIT B JANuAAr 22, 2001 DATE: June 8, 2001 SUBJECT: City Council Meeting — June 14, 2001 ITEM: .r ir 16.F.2. Consider a resolution authorizing the Mayor to execute an Agreement between Williamson County Municipal Utility District No. 9, BJM Mayfield Ranch, Ltd., and the City of Round Rock for Pass -Through Water and Wastewater Service. BJM Mayfield Ranch, Ltd. desires to obtain water and wastewater service for the property adjacent to the District from the City and to use the District's water and wastewater systems to pass City water and wastewater service through the property. Resource: Jim Nuse, Public Works Director History: Vista Oaks MUD is a wholesale customer of the City of Round Rock. The MUD has excess line capacity to service this subdivision which will be in the City limits. Funding: Cost: City pays $3.75/connection/month for use of lift station Source of funds: N/A Outside Resources: Williamson County Municipal District No. 9, BJM Mayfield Ranch, Ltd. Impact/Benefit: This allows a piece of property to be developed. Public Comment: None