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R-11-03-24-11B2 - 3/24/2011RESOLUTION NO. R-11-03-24- El 642_ A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE CHANDLER CREEK BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND COSTS OF THE IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; AUTHORIZING THE MAYOR TO EXECUTE THE ASSESSMENT SERVICE PLAN; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the City of Round Rock, Texas (the "City") to create one or more public improvement districts; and WHEREAS, on or about November 1, 2010, owners of certain real property located within the City delivered to the City a Petition (the "Petition") to create Chandler Creek Business Park Public Improvement District (the "District") the boundaries of which are described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (the "Property"); and WHEREAS, the City Secretary of the City has received the Petition and it has been determined that the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District have executed the Petition and that the Petition complies with the Act and authorizes the City Council to consider the creation of the District; and WHEREAS, the proposed Chandler Creek Business Park Public Improvement District Assessment Service Plan (the "Plan") has been attached hereto as Exhibit "B"; and WHEREAS, after providing all notices required by the Act, the City Council on March 24, 2011 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, the City Council adjourned such public hearing, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the following findings are made and declared regarding the proposed Chandler Creek Business Park Public Improvement District: 1. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of the Act. O:\wdox\SCC1nts\0112\ 1 104\MUNICIPAL\00216904. DOC 2. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City and the residents of the District. 3. The nature the improvements shall consist of the acquisition of a wastewater line and related appurtenances (the "Proposed Improvements"), running through the Property. 4. The actual cost of the Proposed Improvements is determined to be $500,161.00, which includes expenses incurred in the establishment and administration of the District. In addition, the assessment shall include interest at the rate of 5.25%. 5. The cost of the Proposed Improvements shall be paid from special assessments on the Property within the District's boundaries. 6. The Property described in the Petition will be benefitted by the Proposed Improvements and therefore the boundaries of the District shall be as described in Exhibits "A" attached hereto and made a part hereof for all purposes. 7. The method of assessment shall be as follows: An assessment of $500,161.00 plus interest at the rate of 5.25% shall be levied on the Property and shall be paid on a per - acre, pro -rated basis, in five equal annual installments, as set forth in the Plan. 8. The costs of the improvements shall be shared by the land within the boundaries of the District and the City. II. That the Plan attached hereto as Exhibit "B" is hereby approved and the Mayor is hereby authorized and directed to execute same on behalf of the City. That, the Chandler Creek Business Park Public Improvement District is hereby created as provided by the Act and in accordance with the findings made in Section I hereof. Provided, however, such authorization does not authorize Petitioner to take any action that would obligate the City in any way or cause the City to incur any risk or cost. IV. That this Resolution shall be published one time in the official newspaper of the City, and after twenty days following such publication, the authorization of the Chandler Creek Business Park Public Improvement District shall become effective. V. City staff is hereby authorized to take all action necessary to effectuate the purposes of this Resolution. 2 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 24th day of March, 2011. ATTEST: cor/vvt, R.CAtte- SARA L. WHITE, City Secretary 3 vh ALAN MCGRAW, Mayor City of Round Rock, Texas FIELD NOTES JOB NO: 90303-10 DATE: OCTOBER 14, 2010 PAGE: 1 OF 3 75.19 ACRES Being 75.19 acres out of the Ephraim Evans Survey, Abstract No.212, and the David Curry Survey, Abstract No. 130, Williamson County, Texas, and being Lot 3 and Lot 4 of Oakmont Centre, Section Three, a subdivision in Williamson County, Texas, and recorded in Cabinet F, Slide 134, Plat Records, Williamson County, Texas, that tract described in a Special Warranty deed to Howard Schain, dated December 22, 1993 and recorded in Vol. 2446, Pg. 174, Official Records, Williamson County, Texas, and that tract described In a Warranty deed with Vendor's Lien to Scott W. Johnson, et ux, dated June 28, 2004, Official Public Records, Williamson County, Texas, being a portion of that tract further described in a Warranty Deed to Edwin E. Breaux, et ux, dated September 27, 1977 and recorded in Vol. 684, Pg. 604, Deed Records, Williamson County, Texas, and further described by metes and bounds as follows: BEGINNING: 1/2" iron pin found in the east line of Cypress Road (A.K.A. Aim Road) for the southwest corner of Lot 2 of said Oakmont Centre, Section Three, and the northwest corner of Lot 3 of said Oakmont Centre, Section Three and this tract; THENCE: N 71°09'24" E 673.37 feet with the southerly line of said Lot 2 and the north line of said Lot 3 to 1/2" iron pin found for the southwest corner of said Schain tract, and In interior "ell" corner of this tract; THENCE: N 20°30'00" W 160.96 feet with an easterly line of said Lot 2 and the west line of said Schain tract to a 1/2" iron pin found for the northwest corner of said Schain tract, and being an exterior "ell" corner of this tract; THENCE: N 71°15'09" E 250.62 feet with the southerly line of said Lot 2 and the north tine of said Schain tract to a 1/2" iron pin found in the west right of way of County Road 115 (A.K.A. Sunrise Road) for the most easterly southeast corner of said Lot 2, and being the northeast corner of said Schain tract and this tract; THENCE: with the west right of way of said County Road 115 and the east line of this tract the following six (6) courses: 1. S 20°11'37" E 161.39 feet to a 1/2" iron pin found for the southeast corner of said Schain tract and the northeast corner of said Lot 3, 2. S 20°39'53" E 357.40 feet to a 3/8" iron pin found for the northeast corner of said Johnson tract, and an exterior "ell" corner of said Lot 3, 3. S 20°24'38" E 294.21 feet to a 1/2" iron pin found for the southeast corner of said Johnson tract, and an exterior "ell" corner of said Lot 3, 4. S 20°40'37" E 419.94 feet to a 3/8" iron pin found, 5. S 14°44'11" E 22.59 feet to a 1/2" iron pin found for the southeast corner of said Lot 3 and the northeast corner of Lot 4 of said Oakmont Centre, Section Three, 6. S 19°29'02" E 1539.44 feet to a 1/2" iron pin with yellow plastic cap inscribed "CS LTD" set at the intersection of said County Road 115 and Said Cypress Road, for the most easterly southeast corner of said Lot 4 and this tract; THENCE: with a northerly right of way of said Cypress Road and the southerly line of said Lot 4 the following three (3) courses: 1. 38.30 feet along a curve to the right (delta= 87°46'10", r=25.00', LC=S 26°41'43" W 34.66') to a 1/2" iron pin found for the most southerly southeast corner, FIELD NOTES JOB NO: 90303-10 DATE: OCTOBER 14, 2010 PAGE: 2 OF 3 2. 8 68°21'55" W 1041.15 feet to a 1/2" iron pin found for the most southerly corner of said Lot 4 and this tract, 3. 569.95 feet along a curve to the right (delta=90°42'36", r=360.00', LC=N 66°15'39" W 512.26') to a 3/8" iron pin found for the most westerly southwest corner of said Lot 4 and this tract; THENCE: with the easterly right of way of said Cypress Road and the west line of this tract the following six (6) courses: 1. N 20°57'21" W 335.32 feet to a 3/8" iron pin found, 2.208.85 feet along a curve to the right (delta=21°22'05", r=560.00', LC=N 10°09'20" W 207.64") to a 3/8" iron pin found, 3. N 00°29'16" E 733.73 feet to 1/2" iron pin found for the southwest corner of said Lot 3, and the northwest corner of said Lot; 4.N 00°26'52" E 563.15 feet to a 1/2" iron pin found, 5.238.63 feet along a curve to the left (delta=21 °21'49", r=640.00', LC=N 10°18'18" W 237.25') to a 1/2" iron pin found, 6. N 20°52'39" W 363.52 feet to the Point of Beginning. Bearings cited hereon are based on Grid North Texas State Plane Coordinate System (Central Zone) NAD 83(93). 10/14 Clyde C. Castle:=rry, R.P.L.S. No. 4835 Castleberry Surveying, Ltd. 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 CCC/jrb EXHIBIT � uAn pa -e,.2 e 3 EXHIBIT TO ACCOMPANY FIELD NOTES: 75.19 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT No. 212, AND THE DAVID CURRY SURVEY, ABSTRACT No. 130, WILLIAMSON COUNTY, TEXAS HOWARD SCH AIN VOL. 2448, PG. 174 O.R.W.C. LOT 2 f. 61.7_ E D �'1Go. Z1 3 a 7.2 SCOTT J. JOHNSON et ux ooN DOC. No.2004051296 'O, 01 0.P.R.W.C. tP :0 t:7. N pp b n D � • NW T NN O W11 o S°o S1Z c`. ±1 U LOT 4N ^nW moo, e CD� P 9 C, fon 1D`D•w W M3 •? C:3 :D R.... OA p g N O LOT 3 OG 3/80 IRON 2.4 PIN FOUND 0r�0 23 -.7; r '7 F U1 3/8' IRON PIH POUND -A O 7o OAKMONT CENTRE SECTION THREE CAB. F, SL. 134 P.R. W. C. 75.19 ACRES SCALE: 1"..300' Bearings based on Grid North Texas State Plane Coordinate System (Central Zone) NAD 63(9.3) z 3/6' IRON PIN FOUND 0 Z u dy PIN 3 e'FOUND IRON o,N. Wu4 fN�u A 3/3' OUND IRON P1N F NOM RPCORP CAI t R; BEAR/NC/DISTANCE/DEED REFERENCE 1) r Fn RFFFRFNC.F REG 1 - CAB. F, SL. 1J4 REC 2 - VOL_ 2446, PC. 174 REC J - DOC. N0.2004051296 C2 CURVE TABLE HINDER 00.24 RAD675 ARC CHORD ONECOON CI 6740'10' 20.00' 36.30' 34.66 S 26'41'43' N C2 9642'36 360.00' 560.95' 512.26 N 6615'39' W C3 21'22'05' 560.00' 206.05' 207.64' N 160910' 6 C4 21'21'49' 640.00' 236.63' 237.25' N 101618' W RECORD CURVE TABLE 10600 R D13TA RADIUS ARC CHORD DRECDD:1 CI REC 1 674725' 25.00' 36.31' 34.67' S 262210' W REC i 9644'00' 360.00' 569.09' 512.36 N 64'22'00' W REO 1 21'22'00' 560.06 200.83' 207.63' N 06.15'00' W RK,' 7 2112.00' 640.06 236.57' 23729' N 061600' W 5' J 1/2" IRON PIN SET 'CS LTO' RED 11 682Ni PO ts'D laK 1*PO6'0'1" ROAD LINE TABLE 60NEER ONECTON DISTANCE L I N 263606 IT 160.96' LT N 71'15'09' E 250.62' L3 S 2011'37' E 161.39' L4 2 2639'53' E 357.40' 15 5 2024'36' E 294.21' 16 S 201077' E 414.94' u S 14'44'11' E 22.59' RECORD LIE TABLE NON8ER DRECIION DISTANCE 1.1 Pa 2 REC 2 74 1602'04' W 161.25' N 724617' E 27032' RES; 2 L REC 1 H 1023'59' W 161.38' 5 1636'21' E 357.20' PEC 3 N 162419' W 295-57' REC, $ 5603'16' E 416.56 RIO 1 5 12'49'36' E 22.64' LEGEND • 1 1/2' IRON PIN FOUND 1 (UNLESS OTHERWASE NOTED) eaffeiggiffeLIAIL SHEET 3613 William, Drive, Suite 903 — Georgetown, T0028 78628 (512) 930-1600/(512) 930-9389 fax OF 43 www.castleberryeurvaying.com FIELD NOTES ATTACHED EXHIBIT b "An P45.e 3 3643 CHANDLER CREEK BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvement District Assessment Act" (the "Act"), authorizes and regulates the formation of Public Improvement Districts within the State of Texas. By action taken by the City Council, on the 24th day of March, 2011, the City of Round Rock (the "City") passed Resolution No. R-11-03-24- which authorized the establishment of the Chandler Creek Business Park Public Improvement District (the "District"). The District includes the land (the "Property") described in Exhibit A. In compliance with requirements outlined in various sections of the Act, the Assessment/Service Plan for the District is approved as set out herein. Section 1. Improvements and Services to be Provided to the District. After analyzing the improvements authorized by the Act, the City Council determined that the acquisition of the improvements set forth herein (the "Improvements") which are allowed by the Act would be desirable for the District and will be of special benefit to the Property. The Improvements consist of a wastewater collection line serving the Property, such Improvements being described in Exhibit B. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that the acquisition cost of the Improvements plus the cost of creating the District is $500,161.00 The City also determines that the aforesaid costs plus 5.25% simple interest (the "Assessment Costs"), shall be assessed against the Property, said Assessment Costs to be a reimbursement for the acquisition cost of the Improvements, financing of the acquisition cost of the Improvements, and the creation cost of the District. Interest shall begin to accrue on the date that the City pays the Owners for the acquisition of the Improvements. The method of assessment shall be as follows: An assessment of $500.161.00) shall be levied on the Property and shall be paid on a per -acre, pro -rata basis, in five equal annual installments. Section 3. Assessment Roll. The tracts of land and the current Owners are as set forth in the Assessment Roll, attached hereto as Exhibit C. 00216078.DOC Section 4. Indebtedness. The total Assessment Costs shall not exceed $500,161.00, plus interest. Section 5. Costs. The total Costs to be assessed are as follows: A) Improvement Acquisition Costs $475,161.00. B) City's Cost of District Creation $ 25,000.00 C) Interest Simple Interest shall accrue at the rate of 5.25%, beginning upon the acquisition of the Improvements. Section 6. Levy of Assessments. There is hereby levied by the City the assessments for Improvements as set forth herein. The method of assessment shall be as follows: An assessment of $500,161.00 shall be levied on the Property and shall be paid on a per -acre, pro -rated basis, in five equal annual installments, as set forth in the Levy of Assessments, attached hereto as Exhibit D. It is agreed that the re -platting of the Property will not trigger an obligation on the part of the Owners to prepay the assessments. In the event that a tract is re -platted, the assessments for the newly created lots will be recalculated as set forth above, and Exhibit D will be amended accordingly Section 7. Prepayment of Assessments for Each Year. Pursuant to the provision of Section 372.018 (b) of the Act, an Improvement Assessment may be paid in whole or in part at any time by paying the unpaid amount of the Improvement assessment for Improvements plus the interest accrued or penalties that have been imposed prior to the date of payment of the assessment. Section 8. Due on Transfer. If all or any part of any of the tracts of land described in Exhibit C is sold, transferred, or conveyed, to a person or entity that is not a permitted transferee, the outstanding principal balance of the assessment plus accrued interest shall immediately become due and payable. For the purposes of this section, a "permitted transferee" means the Owner's spouse or children or an entity in which the current Owners have an ownership interest of at least eighty percent (80%). 2. Section 9 . Default in Payment of Assessments If default be made in payment of any of the said sums hereby assessed against the property owners and their property, collection thereof, costs and attorney fees shall be enforced by suit in any Court having jurisdiction or by lien foreclosure or both, in the same manner that an ad valorem tax lien against real property may be enforced by a governing body, pursuant to Section 33.01 et seq. of the Texas Tax Code. Section 10. Interest and Penalties on Delinquent Assessments A delinquent assessment will accrue interest at the rate of one percent (1%) for each month or portion of a month the assessment remains unpaid after it becomes delinquent. Additionally, a delinquent assessment shall incur the same penalties and interest as incurred for delinquent taxes, as stated in Section 33.01 et seq. of the Texas Tax Code. Section 11. Additional Penalty. If an assessment remains delinquent on July 1 in the year in which the assessment became delinquent, there shall be imposed an additional penalty to defray costs of collection if it is necessary for the City to contract with an attorney for the purposes of representing the City in the collection of the delinquent assessment. The additional penalty shall be fifteen percent (15%) of the delinquent assessment. Penalties shall not exceed the amount permitted by Section 33.07 of the Texas Tax Code. Section 12, No Discounts or Split Payments There will be no split payment of an assessment or discount for the early payment of an assessment. Section 13. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attorneys fees, as permitted by the Code shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for assessments thereof and penalties and interest is effective from the date of the Ordinance levying the Assessments until the assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code for collecting ad valorem taxes on real property. Section 14. Applicability of Tax Code. To the extent not inconsistent with the ordinance levying assessments (the "Assessment Ordinance"), and not inconsistent with Chapter 372 of the Code or the other laws governing 3. public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 15. Lien Survives Foreclosure. Any sale of property for nonpayment of an assessment per annum shall be subject to the lien established for the remaining unpaid assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the non -delinquent assessment against such property as they become due and payable pursuant to the terms of the Assessment Ordinance. OWNERS AGREEMENT In consideration of the creation of the District and the agreement of the City to pay to the Owners the acquisition cost of the Improvements, the undersigned Owners hereby agree as follows; 1. The Owners agree with all of the terms of the foregoing Assessment/Service Plan. 2. The Owners agree that the City has complied with all statutory requirements for the creation of the District and the levy of the assessments provided for herein. 3. The Owners agree that they have an unconditional obligation to pay the assessments levied herein and waive any and all objections to the creation of the District and/or the levy of the assessments. Attest: Sara White, City Secretary Approved as to form: Stephan L. Sheets, City Attorney CITY OF ROUND ROCK Alan McGraw, Mayor 4. OWNERS Chandler Creek L.P., a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, its General Partner By: Brian R. Burke, President Scott W. Johnston Kristie K. Johnston Howard Jay Schain 5. FIELD NOTES JOB NO: 90303-10 DATE: OCTOBER 14, 2010 PAGE: 10F 3 75.19 ACRES Being 75.19 acres out of the Ephraim Evans Survey, Abstract No.212, and the David Curry Survey, Abstract No. 130, Williamson County, Texas, and being Lot 3 and Lot 4 of Oakmont Centre, Section Three, a subdivision in Williamson County, Texas, and recorded in Cabinet F, Slide 134, Plat Records, Williamson County, Texas, that tract described in a Special Warranty deed to Howard Schain, dated December 22, 1993 and recorded in Vol. 2446, Pg. 174, Official Records, Williamson County, Texas, and that tract described In a Warranty deed with Vendor's Lien to Scott W. Johnson, et ux, dated June 28, 2004, Official Public Records, Williamson County, Texas, being a portion of that tract further described in a Warranty Deed to Edwin E. Breaux, et ux, dated September 27, 1977 and recorded in Vol. 684, Pg. 604, Deed Records, Williamson County, Texas, and further described by metes and bounds as follows: BEGINNING: 1/2" iron pin found in the east line of Cypress Road (A.K.A. Aim Road) for the southwest corner of Lot 2 of said Oakmont Centre, Section Three, and the northwest corner of Lot 3 of said Oakmont Centre, Section Three and this tract; THENCE: N 71°09'24" E 673.37 feet with the southerly line of said Lot 2 and the north line of said Lot 3 to 1/2" iron pin found for the southwest corner of said Schain tract, and In interior "ell" corner of this tract; THENCE: N 20°30'00" W 160.96 feet with an easterly line of said Lot 2 and the west line of said Schain tract to a 1/2" iron pin found for the northwest corner of said Schain tract, and being an exterior "ell" corner of this tract; THENCE: N 71 °15'09" E 250.62 feet with the southerly line of said Lot 2 and the north line of said Schain tract to a 1/2" iron pin found in the west right of way of County Road 115 (A.K.A. Sunrise Road) for the most easterly southeast corner of said Lot 2, and being the northeast corner of said Schain tract and this tract; THENCE: with the west right of way of said County Road 115 and the east line of this tract the following six (6) courses: 1. S 20°11'37" E 161.39 feet to a 1/2" iron pin found for the southeast corner of said Schain tract and the northeast corner of said Lot 3, 2. S 20°39'53" E 357.40 feet to a 3/8" iron pin found for the northeast corner of said Johnson tract, and an exterior "ell" corner of said Lot 3, 3. S 20°24'38" E 294.21 feet to a 1/2" iron pin found for the southeast corner of said Johnson tract, and an exterior "ell" corner of said Lot 3, 4. S 20°40'37" E 419.94 feet to a 3/8" iron pin found, 5. S 14°44'11" E 22.59 feet to a 1/2" iron pin found for the southeast corner of said Lot 3 and the northeast corner of Lot 4 of said Oakmont Centre, Section Three, 6. S 19°29'02" E 1539.44 feet to a 1/2" iron pin with yellow plastic cap inscribed "CS LTD" set at the intersection of said County Road 115 and Said Cypress Road, for the most easterly southeast corner of said Lot 4 and this tract; THENCE: with a northerly right of way of said Cypress Road and the southerly line of said Lot 4 the following three (3) courses: 1. 38.30 feet along a curve to the right (delta= 87°46'10', r=25.00', LC=S 26°41'43" W 34.66') to a 1/2" iron pin found for the most southerly southeast corner, sp EXHIBIT "An e 1 0 3 FIELD NOTES JOB NO: 90303-10 DATE: OCTOBER 14, 2010 PAGE: 2 OF 3 2. S 68°21'55" W 1041.15 feet to a 1/2" iron pin found for the most southerly corner of said Lot 4 and this tract, 3. 569.95 feet along a curve to the right (delta=90°42'36", r=360.00', LC=N 66°15'39" W 512.26') to a 3/8" iron pin found for the most westerly southwest corner of said Lot 4 and this tract; THENCE: with the easterly right of way of said Cypress Road and the west line of this tract the following six (6) courses: 1. N 20°57'21" W 335.32 feet to a 3/8" iron pin found, 2.208.85 feet along a curve to the right (delta=21°22'05", r=560.00', LC=N 10°09'20" W 207.64") to a 3/8" iron pin found, 3. N 00°29'16" E 733.73 feet to 1/2" iron pin found for the southwest corner of said Lot 3, and the northwest corner of said Lot; 4.N 00°26'52" E 563.15 feet to a 1/2" iron pin found, 5.238.63 feet along a curve to the left (delta=21°21'49", r=640.00', LC=N 10°18'18" W 237.25') to a 1/2" iron pin found, 6. N 20°52'39" W 363.52 feet to the Point of Beginning. Bearings cited hereon are based on Grid North Texas State Plane Coordinate System (Central Zone) NAD 83(93). G,910/14 Clyde C. Castle:: =rry, R.P.L.S. No. 4835 Castleberry Surveying, Ltd. 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 CCC/jrb EXHIBIT nAn Pa e. 2 3 EXHIBIT TO ACCOMPANY FIELD NOTES: 75.19 ACRES OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT No. 212, AND THE DAVID CURRY SURVEY, ABSTRACT No. 130, WILLIAMSON COUNTY, TEXAS HOWARD SCHAIN VOL. 2446, PG. 174 O.R.W.C. \.Z LOT 2 ' E 6/3•34;4, i (.0 -IVO11 �Si Cp 0 p�B. N e3 C. Z 'D 3/8' IRON a $Z SCOTT J. JOHNSON et ux PIN FOUND Dopa LA DOC. No.2004051296 70 O, 0, O.P.R.W,C. .40 LA Jum N' C �1'r IA N T T FG 73 O .0 7 0 ON < N G LOT 3 2. D O P ie in y 3/8' IRON 03 a W PIN FOUND 010 v_ ISN OAKMONT CENTRE v .0 In SECTION THREE O� o wit) ...3 CAB. F. SL. 134 Z7 80 in P.R.W.C. � cV s+z C.' -75.19 ACRES C� C z M 1. 3/8' IRON PIN FOUND N070, RFC0A17 CA,I£ BEARING/DISTANCE/DEED XN XXX.XX' CALL - REC 1) E/DEED REFERENCE fFfn RFFFRFNCR+ REC 1 - CAB. F, 5L. 134 REC 2 - VOL 2446, 0C. 174 0£0 3 - 00C. No.2004051296 CZ LOT 4 SCALE: 1"...300' Bearings based on Grid North Texas State Plane Coordinate System (Central Zone) NAD 83(93) CURVE TABLE NUH8ER DELTA RADIUS ARC CHORD DIRECTION C1 0740'10• 25.00' 36.30' 34.66 S 2041'43' W C2 9042'36' 360.00' 569.95' 512.26' N 061519' W C3 212205' 560.00' 206.55' 207.64' N 1009.20' 11 C4 2721'49' 640.00' 238.12 237.25' H 1016(0 w RECORD CURVE TABLE NUMBER 60.74 600915 MC CHORD DRECSDN CI PEC 1 6747'20' 25.00' 35.31' 34.87' s 2622'20' w REa 1 90Mb0' 360.00' 569.09' 51236' N 64'22'00' W REO 1 21'2200' 560.00' 2080' 207.03' N 0619'00' W RFC 1 2122.00' 80.00' 235.67' 237.29' N 00'19'00' W N Nm 72 1/2" IRON PIN SET 'CS LTO' w 41, ,i60 1i �n2i?oAog90pDi IS To � oct P\M p ROP) C.<?¢4-55 (0 UNE TABLE NW8ER DIRECTION DISTANCE 1.1 N 273000" W 160.66' L2 N 71.15'09' E 250.52' 1.3 5 2011'32 E 161.39' 14 5 2039.53' E 357.40' 15 5 2024'36' E 29411' 1.6 2 2040'37" E 416.94' 17 5 14'44'11" E 22.59' RECORD LRE TABLE NUMBER DIRECTION DISTANCE 11 2 H 19'02'04' W 161.26 REC 2 N 774617' E 27032' 044.601 REC 2 N 1623'58' W 161.35' 0EC 1 5 1636'21' E 357.20' REC 3 N 1024'19' W 295.57' REC 1 5 1053'16" E 418.50' S 1749.30' E 22.64' LEGEND • I 1/2' IRON PIN FOUND (UNLESS OTNERVASE NOTED) l'7lI � 7yy'j 3813 Williams Drive, Suite 903 - Georgetown, Texas 78828 (512) 930-1600/(512) 930-9389 fax www.coetleberryeurveyIng.com SHEET 3 OF 3 EXHIBIT "A" Put 3 4 3 FIELD NOTES ATTACHED EXHIBIT B DESCRIPTION OF IMPROVEMENTS The Improvements serving the district consist of approximately 3800 linear feet of 10" wastewater line installed within the Wastewater Line Easements previously dedicated to the City of Round Rock in Document No. 2010058163, in Document No. 2010049643, and in Document No. 2010058162 of the Official Public Records of Williamson County, Texas, which Improvements are located along the western boundary of Sunrise Road, Round Rock, Williamson County, Texas, as depicted in the attached plan. 00216078.DOC EXHIBIT nBn P, tt ,' 2_ 4 3 g 3 p 3 i 1 3 0 O r—, `,L7-1 Irk; , I EAGLE'S N3 ST. [i riir 1-0 I II II \-1 \71 `T'a `i ii iu s N. � ii.` 1 /4z V 0 0 011 a 1 1 s 0 .3 A a1 d1�r #7 Is h �, `tib F i; 112 ti;iiiiiiI a �I+� Io9� zmT•�� /1/ ii 311 30+00 1J // rb_a� a q66 Poorto.A'T t ; 1;.4111 C v'-$ _ @fig B�J�t, ..pr IalO,o-+.o,p. Z ProJ.4.-]eoaeV2a.. Gle ,a,w &... lel .wa..gAGNAS.alx .u9 SUNRISE WASTEWATER PID Assessment Roll Tax ID Block Lot Legal Desc Size (ac) Prorate Share . Proposed Assessmen Comment Owner R055392AW0212 EVANS, E. SUR., ACRES .926 0.930 1 24% $6,202 Howard Schain HOWARD JAY SCHAIN 494 HIGHWAY 71 W STE 140-129 BASTROP,TX 78602-3793 R503149 WESTPORT SUB, BLOCK A, Lot 1, ACRES 1.862 1.860 2.47% 12,354 Westport SCOTT W & KRISTIE JOHNSTON 320 ASHWOOD LN GEORGETOWN,TX 78628- 3902 NOTE: FOLLOWING ARE THE PROPOSED CCLP ASSESSMENTS PRIOR TO THE CCBP REPLAT. Upon recordation of replat, these assessments will need to be reallocated to the new development tracts on a prorate land area basis. R0870173 Oakmont Centre, Section 3 23.390 31.11% 155,600 CCLP CHANDLER CREEK LP C/O BURKE REAL ESTATE GROUP 2590 OAKMONT DRIVE, SUITE 210 ROUND ROCK, TX 78665 R0870164 Oakmont Centre, Section 3 49.010 65.18% 326,005 CCLP CHANDLER CREEK LP CIO BURKE REAL ESTATE GROUP 2590 OAKMONT DRIVE, SUITE 210 ROUND ROCK, TX 78666 75.190 100.00% $500,161 1 EXHIBIT Page 1 Chandler Creek Business Park PID Exhibit "D" Levy of Assessment TAX ID R055392 AW 212 Evans, E. Sur Acres 0.930 1.24% Prorata Share $ 6,202.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 1,442.42 $ 1,116.81 $ 325.61 $ 5,085.19 2 1,442.42 1,175.45 266.97 3,909.74 3 1,442.42 1,237.16 205.26 2,672.58 4 1,442.42 1,302.11 140.31 1,370.47 5 1,442.42 1,370.47 71.95 (0.00) Total $ 7,212.10 $ 6,202.00 $ 1,010.10 TAX ID R503149 Westport Sub, Block A, Lot 1 Acres 1.860 2.47% Prorata Share $ 12,354.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 2,873.21 $ 2,224.63 $ 648.59 $ 10,129.37 2 2,873.21 2,341.42 531.79 7,787.96 3 2,873.21 2,464.34 408.87 5,323.61 4 2,873.21 2,593.72 279.49 2,729.89 5 2,873.21 2,729.89 143.32 (0.00) Total $ 14,366.05 $ 12,354.00 $ 2,012.05 TAX ID R087017 Oakmont Centre, Section 3 Acres 23.390 31.11% Prorata Share $ 155,600.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 36,188.41 $ 28,019.41 $ 8,169.00 $ 127,580.59 2 36,188.41 29,490.43 6,697.98 98,090.16 3 36,188.41 31,038.67 5,149.73 67,051.49 4 36,188.41 32,668.20 3,520.20 34,383.29 5 36,188.41 34, 383.29 1,805.12 (0.00) Total $ 180,942.04 $ 155,600.00 $ 25,342.04 TAX ID R087016 Oakmont Centre, Section 3 Acres 49.010 65.18% Prorata Share $ 326,005.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 75,820.06 $ 58,704.80 $ 17,115.26 $ 267,300.20 2 75,820.06 61,786.80 14,033.26 205,513.39 3 75,820.06 65,030.61 10,789.45 140,482.78 4 75,820.06 68,444.72 7,375.35 72,038.07 5 75,820.06 _ 72,038.07 3,782.00 (0.00) Total $ 379,100.32 $ 326,005.00 $ 53,095.32 Summa Chandler Creek Business Park PID Acres 75.190 5.25% Interest Rate 100.00% Prorata Share $ 500,161.00 Total Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 116,324.10 $ 90,065.65 $ 26,258.45 $ 410,095.35 2 116,324.10 94,794.10 21,530.01 315,301.25 3 116,324.10 99,770.79 16,553.32 215,530.47 4 116, 324.10 105,008.75 11,315.35 110,5 21.71 5 116,324.10 110,521.71 5,802.39 (0.00) Total $ 581,620.51 $ 500,161.00 $ 81,459.51 EXHIBIT ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 1162. Ci Council A: enda Summar Sheet Consider a resolution authorizing the creation of the Chandler Creek Business Park Public Agenda Caption: Improvement District. Meeting Date: March 24, 2011 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: This resolution authorizes the creation of the Chandler Creek Business Park Public Improvement District. On November 4, 2010 a petition was submitted by Chandler Creek L.P. After analyzing the request, it was determined the improvements would be of special benefit to the property. The City reviewed and created a five year service and assessment plan. The improvements consist of a wastewater collection line serving the property. The City has determined that the acquisition cost of the improvements plus the cost of creating the district is $500,161. An interest rate of 5.25% shall be assessed against the property. The assessment shall be paid on a per -acre, pro - rata basis, in five equal annually installments. Chapter 372 of the Local Government Code of the State of Texas authorizes the creation of Public Improvement District's by Cities. A Public Improvement District (PID) is a special tax district created by the City to fund public improvements beyond existing municipal services. A PID may be formed to address any type of public improvement or service; it has the authority to issue debt and to impose a levy against real and personal property within the district. The Council will be asked to take two actions at tonight's council meeting following the public hearing. The first action is to adopt a Resolution authorizing the creation of the PID. The second action is to adopt an ordinance approving the assessment roll and levying the assessment on the property within the PID boundaries. Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City Government. 13. Continue and enhance sound business and financial practices and tools. Cost: $ 500,161.00 Source of Funds: Chandler Creek PID Assessments Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS O Q CHANDLER CREEK BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvement District Assessment Act" (the "Act"), authorizes and regulates the formation of Public Improvement Districts within the State of Texas. By action taken by the City Council, on the 24th day of March, 2011, the City of Round Rock (the "City") passed Resolution No. R -11-03-24-M which authorized the establishment of the Chandler Creek Business Park Public Improvement District (the "District"). The District includes the land (the "Property") described in Exhibit A. In compliance with requirements outlined in various sections of the Act, the Assessment/Service Plan for the District is approved as set out herein. Section 1. Improvements and Services to be Provided to the District. After analyzing the improvements authorized by the Act, the City Council determined that the acquisition of the improvements set forth herein (the "Improvements") which are allowed by the Act would be desirable for the District and will be of special benefit to the Property. The Improvements consist of a wastewater collection line serving the Property, such Improvements being described in Exhibit B. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that the acquisition cost of the Improvements plus the cost of creating the District is $500,161.00 The City also determines that the aforesaid costs plus 5.25% simple interest (the "Assessment Costs"), shall be assessed against the Property, said Assessment Costs to be a reimbursement for the acquisition cost of the Improvements, financing of the acquisition cost of the Improvements, and the creation cost of the District. Interest shall begin to accrue on the date that the City pays the Owners for the acquisition of the Improvements. The method of assessment shall be as follows: An assessment of $500.161.00) shall be levied on the Property and shall be paid on a per -acre, pro -rata basis, in five equal annual installments. Section 3. Assessment Roll. The tracts of land and the current Owners are as set forth in the Assessment Roll, attached hereto as Exhibit C. 00216078.DOC 'Z'11'U 3-21=1 ( $2 o 0 Section 4. Indebtedness. The total Assessment Costs shall not exceed $500,161.00, plus interest. Section 5. Costs. The total Costs to be assessed are as follows: A) Improvement Acquisition Costs $475,161.00. B) City's Cost of District Creation $ 25,000.00 C) Interest Simple Interest shall accrue at the rate of 5.25%, beginning upon the acquisition of the Improvements. Section 6. Levy of Assessments. There is hereby levied by the City the assessments for Improvements as set forth herein. The method of assessment shall be as follows: An assessment of $500,161.00 shall be levied on the Property and shall be paid on a per -acre, pro -rated basis, in five equal annual installments, as set forth in the Levy of Assessments, attached hereto as Exhibit D. It is agreed that the re -platting of the Property will not trigger an obligation on the part of the Owners to prepay the assessments. In the event that a tract is re -platted, the assessments for the newly created lots will be recalculated as set forth above, and Exhibit D will be amended accordingly Section 7. Prepayment of Assessments for Each Year. Pursuant to the provision of Section 372.018 (b) of the Act, an Improvement Assessment may be paid in whole or in part at any time by paying the unpaid amount of the Improvement assessment for Improvements plus the interest accrued or penalties that have been imposed prior to the date of payment of the assessment. Section 8. Due on Transfer. If all or any part of any of the tracts of land described in Exhibit C is sold, transferred, or conveyed, to a person or entity that is not a permitted transferee, the outstanding principal balance of the assessment plus accrued interest shall immediately become due and payable. For the purposes of this section, a "permitted transferee" means the Owner's spouse or children or an entity in which the current Owners have an ownership interest of at least eighty percent (80%). 2. Q c• Section 9 . Default in Payment of Assessments If default be made in payment of any of the said sums hereby assessed against the property owners and their property, collection thereof, costs and attorney fees shall be enforced by suit in any Court having jurisdiction or by lien foreclosure or both, in the same manner that an ad valorem tax lien against real property may be enforced by a governing body, pursuant to Section 33.01 et seq. of the Texas Tax Code. Section 10. Interest and Penalties on Delinquent Assessments A delinquent assessment will accrue interest at the rate of one percent (1%) for each month or portion of a month the assessment remains unpaid after it becomes delinquent. Additionally, a delinquent assessment shall incur the same penalties and interest as incurred for delinquent taxes, as stated in Section 33.01 et seq. of the Texas Tax Code. Section 11. Additional Penalty. If an assessment remains delinquent on July 1 in the year in which the assessment became delinquent, there shall be imposed an additional penalty to defray costs of collection if it is necessary for the City to contract with an attorney for the purposes of representing the City in the collection of the delinquent assessment. The additional penalty shall be fifteen percent (15%) of the delinquent assessment. Penalties shall not exceed the amount permitted by Section 33.07 of the Texas Tax Code. Section 12, No Discounts or Split Payments There will be no split payment of an assessment or discount for the early payment of an assessment. Section 13. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attorneys fees, as permitted by the Code shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for assessments thereof and penalties and interest is effective from the date of the Ordinance levying the Assessments until the assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code for collecting ad valorem taxes on real property. Section 14. Applicability of Tax Code. To the extent not inconsistent with the ordinance levying assessments (the "Assessment Ordinance"), and not inconsistent with Chapter 372 of the Code or the other laws governing 3. O 0 public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 15. Lien Survives Foreclosure. Any sale of property for nonpayment of an assessment per annum shall be subject to the lien established for the remaining unpaid assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the non -delinquent assessment against such property as they become due and payable pursuant to the terms of the Assessment Ordinance. OWNERS AGREEMENT In consideration of the creation of the District and the agreement of the City to pay to the Owners the acquisition cost of the Improvements, the undersigned Owners hereby agree as follows; 1. The Owners agree with all of the terms of the foregoing Assessment/Service Plan. 2. The Owners agree that the City has complied with all statutory requirements for the creation of the District and the levy of the assessments provided for herein. 3. The Owners agree that they have an unconditional obligation to pay the assessments levied herein and waive any and all objections to the creation of the District and/or the levy of the assessments. Attest: Sara White, City Secretary Approved as to form: Steph L. Sheets, City Attorney CITY OF ROUND ROCK Ir` Alan McGraw, Mayor 4. p OWNERS GbM.rJlcr ei•e/G Aztec/ a 41" L., Chandler Creek L.P., a-Delaware.limited partnership TexaS By: Chandler Creek Company, a Delaware corporation, its General Partner /2., , By: an R. Burke, President Scott W. Johnston Kristie K. Johnston Howard Jay Schain OWNERS Chandler Creek L.P., a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, its General Partner By: 2. n R. Burke, ' resident Scott W. Johnston Kristie K. Johnston Howard Jay Schain OWNERS Chandler Creek L.P., a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, its General Partner By: rian R. Burke, President Scott W. J Kristie K. Johnston Howard Jay Schain e OWNERS Chandler Creek L.P., a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, its General Partner By: Brian R. Burke, President Scott W. Johnston Kristie K. Johnston 1 ' Howard Jay Schai 4 Q 3 s 1 F 3 F e al 3 a 1 1 0 2$ 71 9 a! I ,15 '6 I! 3 a a 8 3 i A 1 8 • 1 ie ,10 'e 1110 leo If EI �iI, i; 1� 3 or Kam osz I ------ 5 1 +- I1 a�. 3s 5 0 1 J 1 i I 5 $1 FF 111 1s IE F F 30+00 } Egg EI El i �o I I�, a20.o-x.04. n .J. YQ0000100000 CM W. Ga. Let W »»tq&0 WMYM /Ma SUNRISE WASTEWATER PID Assessment Roll R055392 R503149 R087017 R087016 3 AW0212 EVANS, E. SUR., ACRES .926 WESTPORT SUB, BLOCK A, Lot 1, ACRES 1.862 4 --- Oakmont Centre, Section 3 0.930 1.860 Oakmont Centre, Section 3 23.390 1.24% 2.47% 49.010 31.11% $6,202 12,354 65.18% 100.00% Howard Schain 155.600 Westport 326,005 $500 161 CCLP HOWARD JAY SCHAIN 494 HIGHWAY 71 W STE 140-129 BASTROP TX 78602-3793 SCOTT W & KRISTIE JOHNSTON 320 ASHWOOD LN GEORGETOWN,TX 78628- 3902 CCLP 8 CHANDLER CREEK LP C/O BURKE REAL ESTATE GROUP 2590 OAKMONT DRIVE, SUITE 210 ROUND ROCK TX 78665 CHANDLER CREEK LP C/O BURKE REAL ESTATE GROUP 2590 OAKMONT DRIVE, SUITE 210 ROUND ROCK TX 78666 1 EXHIBIT Page 1 0 Chandler Creek Business Park PID Exhibit "D" Levy of Assessment 0 TAX ID R055392 AW 212 Evans, E. Sur Acres 0.930 1.24% Prorata Share $ 6,202.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 1,442.42 $ 1,116.81 $ 325.61 $ 5,085.19 2 1,442.42 1,175.45 266.97 3,909.74 3 1,442.42 1,237.16 205.26 2,672.58 4 1,442.42 1,302.11 140.31 1,370.47 5 1,442.42 1,370.47 71.95 (0.00) Total $ 7,212.10 $ 6,202.00 $ 1,010.10 TAX ID R503149 Westport Sub, Block A, Lot 1 Acres 1.860 2.47% Prorata Share $ 12,354.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 2,873.21 $ 2,224.63 $ 648.59 $ 10,129.37 2 2,873.21 2,341.42 531.79 7,787.96 3 2,873.21 2,464.34 408.87 5,323.61 4 2,873.21 2,593.72 279.49 2,729.89 5 2,873.21 2,729.89 143.32 (0.00) Total $ 14,366.05 $ 12,354.00 $ 2,012.05 TAX ID R087017 Oakmont Centre, Section 3 Acres 23.390 31.11% Prorata Share $ 155,600.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 36,188.41 $ 28,019.41 $ 8,169.00 $ 127,580.59 2 36,188.41 29,490.43 6,697.98 98,090.16 3 36,188.41 31,038.67 5,149.73 67,051.49 4 36,188.41 32,668.20 3,520.20 34,383.29 5 36,188.41 34,383.29 1,805.12 (0.00) Total $ 180,942.04 $ 155,600.00 $ 25,342.04 TAX ID R087016 Oakmont Centre, Section 3 Acres 49.010 65.18% Prorata Share $ 326,005.00 Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 75,820.06 $ 58,704.80 $ 17,115.26 $ 267,300.20 2 75,820.06 61,786.80 14,033.26 205,513.39 3 75,820.06 65,030.61 10,789.45 140,482.78 4 75,820.06 68,444.72 7,375.35 72,038.07 5 75,820.06 72,038.07 3,782.00 (0.00) Total $ 379,100.32 $ 326,005.00 $ 53,095.32 Summa Chandler Creek Business Park PID Acres 75.190 5.25% Interest Rate 100.00% Prorata Share $ 500,161.00 Total Lot Assessment Year Annual Payment Principal Interest Balance 1 $ 116,324.10 $ 90,065.65 $ 26,258.45 $ 410,095.35 2 116,324.10 94,794.10 21,530.01 315,301.25 3 116,324.10 99,770.79 16,553.32 215,530.47 4 116,324.10 105,008.75 11,315.35 110, 521.71 5 116,324.10 110,521.71 5,802.39 (0.00) Total $ 581,620.51 $ 500,161.00 $ 81,459.51 EXHIBIT FIELD NOTES JOB NO: 90303-10 DATE; OCTOBER 14, 2010 PAGE: 1 OF 3 75.19 ACRES Being 75.19 acres out of the Ephraim Evans Survey, Abstract No.212, and the David Curry Survey, Abstract No. 130, Williamson County, Texas, and being Lot 3 and Lot 4 of Oakmont Centre, Section Three, a subdivision in Williamson County, Texas, and recorded in Cabinet F, Slide 134, Plat Records, Williamson County, Texas, that tract described in a Special Warranty deed to Howard Schein, dated December 22, 1993 and recorded in Vol. 2446, Pg. 174, Official Records, Williamson County, Texas, and that tract described in a Warranty deed with Vendor's Lien to Scott W. Johnson, et ux, dated June 28, 2004, Official Public Records, Williamson County, Texas, being a portion of that tract further described in a Warranty Deed to Edwin E. Breaux, et ux, dated September 27, 1977 and recorded in Vol. 684, Pg. 604, Deed Records, Williamson County, Texas, and further described by metes and bounds as follows: BEGINNING: 1/2" iron pin found in the east line of Cypress Road (A.K.A. Aim Road) for the southwest corner of Lot 2 of said Oakmont Centre, Section Three, and the northwest corner of Lot 3 of said Oakmont Centre, Section Three and this tract; THENCE: N 71°09'24" E 673.37 feet with the southerly line of said Lot 2 and the north line of said Lot 3 to 1/2" iron pin found for the southwest corner of said Schain tract, and in interior "ell" corner of this tract; THENCE: N 20°30'00" W 160.96 feet with an easterly line of said Lot 2 and the west line of said Schain tract to a 1/2" iron pin found for the northwest corner of said Schaln tract, and being an exterior "ell" corner of this tract; THENCE: N 71°15'09" E 250.62 feet with the southerly line of said Lot 2 and the north line of said Schain tract to a 1/2" iron pin found in the west right of way of County Road 115 (A.K.A. Sunrise Road) for the most easterly southeast corner of said Lot 2, and being the northeast corner of said Schain tract and this tract; THENCE: with the west right of way of said County Road 115 and the east line of this tract the following six (6) courses: 1. S 20°11'37" E 161.39 feet to a 1/2" iron pin found for the southeast corner of said Schain tract and the northeast corner of said Lot 3, 2. S 20°39'53" E 357.40 feet to a 3/8" iron pin found for the northeast corner of said Johnson tract, and an exterior "ell" corner of said Lot 3, 3. S 20°24'38" E 294.21 feet to a 1/2" iron pin found for the southeast corner of said Johnson tract, and an exterior "ell" corner of said Lot 3, 4. S 20°40'37" E 419.94 feet to a 3/8" iron pin found, 5. S 14°44'11" E 22.59 feet to a 1/2" iron pin found for the southeast corner of said Lot 3 and the northeast corner of Lot 4 of said Oakmont Centre, Section Three, 6. S 19°29'02" E 1539.44 feet to a 1/2" iron pin with yellow plastic cap inscribed "CS LTD" set at the intersection of said County Road 115 and Said Cypress Road, for the most easterly southeast corner of said Lot 4 and this tract; THENCE: with a northerly right of way of said Cypress Road and the southerly line of said Lot 4 the following three (3) courses: 1. 38.30 feet along a curve to the right (delta= 87°46'10", r=25.00', LC=S 26°41'43" W 34.66') to a 1/2" iron pin found for the most southerly southeast corner, EXHIBIT "An �Mele-F3 0 0 FIELD NOTES JOB NO: 90303-10 DATE: OCTOBER 14, 2010 PAGE: 2 OF 3 2. S 68°21'55" W 1041.15 feet to a 1/2" iron pin found for the most southerly corner of said Lot 4 and this tract, 3. 569.95 feet along a curve to the right (delta=90°42'36", r=360.00', LC=N 66°15'39" W 512.26') to a 3/8" iron pin found for the most westerly southwest corner of said Lot 4 and this tract; THENCE: with the easterly right of way of said Cypress Road and the west line of this tract the following six (6) courses: 1. N 20°57'21" W 335.32 feet to a 3/8" iron pin found, 2.208.85 feet along a curve to the right (delta=21°22'05", r=560.00', LC=N 10°09'20" W 207.64") to a 3/8" iron pin found, 3. N 00°29'16" E 733.73 feet to 1/2" iron pin found for the southwest corner of said Lot 3, and the northwest corner of said Lot; 4.N 00°26'52" E 563.15 feet to a 1/2" iron pin found, 5.238.63 feet along a curve to the left (delta=21°21'49", r=640.00', LC=N 10°18'18" W 237.25') to a 1/2" iron pin found, 6. N 20°52'39" W 363.52 feet to the Point of Beginning. Bearings cited hereon are based on Grid North Texas State Plane Coordinate System (Central Zone) NAD 83(93). Clyde C. Castle. - ry, ., R.P.L.S. No. 4835 Castleberry Surveying, Ltd. 3613 Williams Drive, Suite 903 Georgetown, Texas 78628 CCCrjrb e¢j'L stpeo `S,C0N o 0 DW tl 7_ N• n? 0 0414 d gO 5'z EXHIBIT TO ACCOMPANY FIELD NOTES: 75.19 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT No. 212. AND THE DAVID CURRY SURVEY, ABSTRACT No, 130, WILLIAMSON COUNTY, TEXAS HOWARD SCHAIN VOL. 2446, PG. 174 O.R.W.C. td LOT 2 c,t' 0.E • E. 0�3k l.092 0.13.5h SCOTT J. JOHNSON et ux DOC. No.2004051296 O.P.R.W.C. LOT 3 3/5' IRON PIN F• OAKMONT CENTRE SECTION THREE K3 CAB. F, SL. 134 15. P.R.W.C. n 1'l n 3/6'151014 N FOUND 0 4 u 'e 3/8' IRON PIN FOUND 13, 1.3 N, NO7ET RECORD CAI/q BEAR,NG,DISTANCE/OEEO REFERENCE 1) DETR RFFEBFN REC 1 - CA6. F, SL. 134 REC 2 - VOL. 2446, PC. 174 REC J - 00C. No.2004051296 75.19 ACRES N 3 S' IRON P FOUND C.? LOT 4 'Ao SCALE: 1"-300' Bearings based on Grid North Texas State Plane Coordinate System (Central Zone) NAD 83(93) CURVE TABLE WARIER DELTA RADIUS ARC 0+010 DRECTON C1 5746'10' 25.11' 3620' 34.56' S 25'41'43' w 964235' 340,20' 550.05 512.26 11 561639' w C3 2P1205' 090.06 205.55' 20744' N /0'0920. 6 04 21'21'49' 64000' 235.63' 237.26 N 161619 w RECORD CURVE TALE MASER DELTA MINUS 400 CNORO ORECRON 0, REC 1 5747'20' 25.00' 36.35' 3447, 5 202220' If C31 CiI 9644'00' 350.09 96449' 012.39 N 64'2200' w 211200' 56040' 205.53' 207.63' N 001900' w 21'22001 64040' 236.17' 23719 N 06t*50' w 1/2" IRON PIN 227 'CS 1.10' 4+, 0.E 066 'S. ' 04�OpOi Se 5,16% Vi% ROPE 055 G V 151E TAKE MAWR DRECCRRI g0TANCE 11 N 2070'00' w 10046' 12 N 71'15'09' E 250.68 13 S 2011'37' E 16130' 1.4 2 203963' E 357.40' 16 5 2024'30' E 294.21' L6 5 2640'32 E 41544' 1.7 S 1444'11' E 22.59' RECORD 131E TABLE MAWR 011ECIION OISiANCE LI N 1602'04. 6 151.2.1 RE 2 N 7240'12 E 27032' °MULL N 102260' w 15139 5 1634'21' E 397.20' 9EC 2 9 15'24'19' W 29537 REf� 1 REG 1 $ 1653'15' E 456&1' S 1249'39 E 2244' O • /2' IRON PIAN FOUND RUNLESS OTNERYASE 140120) 3613 Williams Drive, Suite 903 — Georgetown. Texas 78828 (812) 930-1800/(512) 930-9389 fax www.caMIaberrywurveytn9.eom .51:1F.E.1 3 / OF 3 a a EXHIBIT a43b 3 FIELD NOTES ATTACHED Q 0 EXHIBIT B DESCRIPTION OF IMPROVEMENTS The Improvements serving the district consist of approximately 3800 linear feet of 10" wastewater line installed within the Wastewater Line Easements previously dedicated to the City of Round Rock in Document No. 2010058163, in Document No. 2010049643, and in Document No. 2010058162 of the Official Public Records of Williamson County, Texas, which Improvements are located along the western boundary of Sunrise Road, Round Rock, Williamson County, Texas, as depicted in the attached plan. 00216078.DOC