Contract - KB Homes and Round Rock MUD No. 1 - 6/27/2019 CONSENT AND DEVELOPMENT AGREEMENT
AMONG
CITY OF ROUND ROCK, TEXAS,
KB HOME LONE STAR, INC.,
AND
ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1
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4833-5204-7000v. 3
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CONSENT AND DEVELOPMENT AGREEMENT
This CONSENT AND DEVELOPMENT AGREEMENT (this "Agreement") is entered
into by and among the City of Round Rock, Texas, a home-rule city located in Williamson
County, Texas (the "City"), KB Home Lone Star Inc., (the "Developer") a Texas corporation,
and Round Rock Municipal Utility District No. 1 (the "District"), a municipal utility district to
be created by the 86th Texas Legislature, which will join this Agreement as set forth below and
after such joinder shall become a party to this Agreement.
RECITALS
WHEREAS, the Developer owns or has an option to purchase approximately 356 acres of
land to be located within the corporate boundaries of the City after creation of the District (the
"Property"); and
WHEREAS, the Property is more particularly described by metes and bounds on the
attached Exhibit A, and its boundaries are depicted on the concept plan attached as Exhibit B
("Concept Plan"); and
WHEREAS, the Developer intends to develop the Property as a master-planned,
residential community that will include park and recreational facilities to serve the community;
and
WHEREAS, the Property will be developed in phases under a master development plan,
and the Developer and the City wish to enter into this Agreement, which is intended to
encourage innovative and comprehensive master-planning of the Property, provide certainty of
regulatory requirements throughout the term of this Agreement and result in a high-quality
development for the benefit of the present and future residents of the City and the Property; and
WHEREAS, the Developer has presented the City with a petition to create a Municipal
Utility District (the"District") on the Property; and
WHEREAS, the purposes of the proposed District include designing, constructing,
acquiring, installing, conveying to the City, and financing water, wastewater, streets, drainage,
and other public improvements within its boundaries as authorized by the Texas Constitution and
Texas Water Code and the enabling legislation to serve the area within its boundaries
(collectively, the"District Improvements");
WHEREAS, construction of the District Improvements will occur in phases (as
determined by the District and the Developer) in accordance with this Agreement, the applicable
ordinances of the City, Chapters 49 and 54, Texas Water Code, as amended, the applicable
chapter of the Special District Local Laws Code specific to the District, the rules and regulations
of the TCEQ, as amended, and applicable state and federal regulations (collectively, the
"Applicable Regulations");
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WHEREAS, the City and Developer intend that the Reimbursable Costs of the District
Improvements will be paid from the net proceeds of Bonds issued by the District or other
revenues of the District in accordance with this Agreement, the applicable rules and regulations
of the TCEQ, as amended, and the applicable requirements of the Texas Attorney General's
Office, as amended;
WHEREAS, the District is authorized to enter into this Agreement pursuant to the
provisions of Texas law, including but not limited to, Chapters 49 and 54, Texas Water Code, as
amended, Chapter 791, Texas Government Code, as amended, and Section 552.014, Texas Local
Government Code, as amended; and
WHEREAS, the City is a municipal corporation operating under a home-rule City
Charter adopted under the laws of the State of Texas and pursuant to which the City has the
authority to enter into and perform its obligations under this Agreement including, but not
limited to, the ownership and operation of the District Improvements;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, including the agreements set forth below, the Parties contract as
follows.
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. In addition to the terms defined elsewhere in this
Agreement or in the City's ordinances, the following terns and phrases used in this Agreement
will have the meanings set out below:
Additional PropertX means any other land acquired by the Developer and made subject to
this Agreement pursuant to Section 9.05 hereof.
Agreement means this Consent and Development Agreement among the Parties.
Bond means bonds, notes, or other obligations or indebtedness that are issued or incurred
by the District under the District's borrowing power.
City means the City of Round Rock, Texas, a home-rule city located in Williamson
County, Texas.
City Objection is defined in Section 7.02(b).
City Manager means the City Manager of the City.
Commission or TCEQ means the Texas Commission on Environmental Quality or its
successor agency.
Conceptual Development Plan means the concept plan for the Property attached as
Exhibit B, as amended from time to time in accordance with this Agreement.
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County means Williamson County, Texas.
Developer means KB Hoene Lone Star, Inc., a Texas corporation, or its successors and
assigns under this Agreement.
District means Round Rock Municipal Utility District No. 1, a political subdivision of the
State of Texas to be created over the Property, with the consent of the City, as provided in this
Agreement.
District Improvements means water, wastewater, streets, drainage, and other public
improvements within the boundaries of the District, as authorized by the Texas Constitution and
Texas Water Code to serve the area within the District boundaries.
Effective Date of this Agreement means the day of . 2019.
McNutt Creek C5 means the wastewater collection line shown on Exhibit C that will be
connected to the District's wastewater collection system.
McNutt Interceptor means the City wastewater interceptor system which will transport
wastewater generated by customers located within the District to the wastewater treatment plant.
Property means approximately 356 acres of land to be located within the City's corporate
boundaries, as described by metes and bounds on Exhibit A.
Reimbursable Costs means costs paid or incurred to construct District Improvements that
are eligible for reimbursement from the net proceeds of Bonds issued in accordance with this
Agreement or other funds and the rules and regulations of the TCEQ, as amended, including in
addition to costs of construction, but not limited to, the following:
(i) surveying costs;
(ii) cost of soils and materials testing;
(iii) engineering fees related to the District Improvements;
(iv) advertising and other costs associated with public bidding and award of
construction contracts;
(v) costs of required easements and rights-of-way; and
(vi) other costs or fees paid or incurred in connection with the creation and operation
of the District.
Road Projects means any road projects that the District is authorized to undertake
pursuant to Article XVI, Section 59 of the Texas Constitution, as amended, and Chapters 49 and
54, Texas Water Code, as amended, or otherwise pursuant to any authority granted to the District
by special act of the Texas Legislature.
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Treatment Plant: The Brushy Creek East regional wastewater treatment plant.
ARTICLE II
CREATION OF DISTRICT AND EXECUTION OF AGREEMENTS
Section 2.01. Consent to Creation of District. The City acknowledges receipt of
Developer's request, in accordance with Section 54.016, Texas Water Code and Section 42.042,
Texas Local Government Code, for creation of the District, including powers from Article III,
Section 52 of the Texas Constitution. On the Effective Date of this Agreement, the City has
approved the resolution substantially similar to the form attached as Exhibit D consenting to the
inclusion of the Property within the proposed District and the creation of the District.
Section 2.02. District Execution of Agreement. The Developer and the City intend
that this Agreement shall be binding upon the District from and after the date the District
executes a joinder to this Agreement in substantially the same fonn as set forth in Exhibit E.
attached hereto and made a part hereof. The District shall execute such joinder at the time of its
organizational meeting.
Section 2.03. District Bonds. If the District fails to approve, execute, and deliver
this Agreement to the City as required by Section 2.02, and if the City does not terminate this
Agreement, such failure shall constitute a material breach of this Agreement by the Developer
and shall operate to prohibit the District from taking any actions to issue Bonds until the failure
has been cured. The City shall have the right to enjoin the issuance of Bonds during any period
in which such a material breach exists.
Section 2.04. Reimbursement Agreements. If the District fails to approve,
execute, and deliver this Agreement to the City as required by Section 2.02, and if the City has
not terminated this Agreement, such failure shall constitute a material breach of this Agreement
by the Developer and shall operate to prohibit Developer or any developer of the Property from
entering into any reimbursement agreements with the District until the failure has been cured.
The City shall have the right to enjoin the execution of such reimbursement agreements during
any period in which such a material breach exists.
Section 2.05. Intent of Parties Related to Allocation Agreement. Under Section
54.016(f), Texas Water Code, the City, as a City providing written consent for inclusion of land
in a district, may provide for a contract designated as an "allocation agreement", to be entered
into between the City and the District. The Parties acknowledge that the provision for an
"allocation agreement"under Section 54.016(f) is at the City's discretion. The City confinns that
it is intentionally not providing for an allocation agreement. The Parties agree that this
Agreement does not constitute and will not be deemed to constitute an allocation agreement
within the meaning of Section 54.016(f).
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(7)
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ARTICLE III
WASTEWATER SERVICE
Section 3.01. City Wastewater Service., The Property is located within the
wastewater service area of the City. Wastewater treatment will be provided by the City through
the McNutt Creek Interceptor System and the Brushy Creek Regional Wastewater Treatment
Plant.
Section 3.02. Connection to City's System. The District agrees to connect its
onsite wastewater collection system to the City's McNutt Creek C5 line at manhole No. 1922636,
as shown on Exhibit C. The District shall be responsible for all costs of such connection,
including easement acquisition, design, and construction of the connection up to the boundary
lines of the Property. . The design plans and construction of the connection shall be subject to
the approval of the City.
Section 3.03. Sizing. The wastewater facilities shall be sized to provide continuous
and adequate retail wastewater service to the Property as it is developed in phases. In the event
the City requires any of the wastewater facilities to be oversized to serve customers located
outside the boundaries of the Property, the City shall fund its pro-rata share (i.e. the number of
connections located outside the Property ultimately to be served by such facilities as a percentage
of the total number of connections to be served by such facilities) of the cost of construction of
all such facilities which are oversized to serve areas outside the Property.
Section 3.04. City Pass Throuth Use of Wastewater Mains. It is understood and
agreed among the Parties that the City may utilize District wastewater mains to provide
wastewater service to City retail customers in areas adjacent to or near the Districts so long as
there is adequate capacity provided during development for the full build-out of the Districts and
the customers of the City to be served.
ARTICLE IV
WATER SERVICE
Section 4.01. Water Utilitv Provider. The Property is located within the water
certificate of convenience and necessity ("CCN") held by Jonah Water Supply Corporation
("Jonah"). Retail water service to the Property shall be provided by Jonah. Developer shall
provide an engineering report certifying that the Jonah Water System meets City code fire flow
requirements prior to plat recordation.
ARTICLE V
ROADWAY IMPROVEMENTS
Section 5.01. Conveyance of Right-of-Way. The Developer will convey by
warranty deed, one hundred feet (100) of right-of-way for the extension of County Road 112
("CR 112") shown on the Concept Plan which bisects the Property. In addition to the
conveyance previously stated, the Developer will convey by warranty deed, at no cost to the
City, sixty-five (65) feet of right-of-way for "Collector Road B", depicted in the Concept Plan.
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The parties acknowledge that the final location of certain roadways may be subject to minor
changes based on the final right-of-way alignment.
Section 5.02. Road Capacity CR 112 Extension. The City's current roadway plan
prescribes a MAD 6 road design for new roadway associated with a CR 112 extension. For the
extension of CR 112, the Developer and the City agree on the design capacity of a MAD 4 road,
as defined in the City of Austin Transportation Manual ("COATM"). The extension of CR 112
through the Property shall be constructed solely at Developer's cost and pursuant to the criteria
prescribed by the Street Design Criteria in Section 1 of the Transportation Specifications adopted
by the City, subject to variances for lane and sidewalk width agreed to by the parties in the final
approved plans.
Section 5.03. Construction of Collector Road B. The City and the Developer
agree that Collector Road B as shown in the Concept Plan will be constructed solely at
Developer's cost with two (2) twenty foot (20) lanes with thirty-seven feet (37') of pavement.
Except as stated above, the construction of Collector Road B shall be pursuant to the criteria
prescribed by the Street Design Criteria in Section 1 of the Transportation Specifications adopted
by the City, subject to variances for lane and sidewalk width agreed to by the parties in the final
approved plans.
Section 5.04. Roadway Impact Fees. Due to Developer's commitments as stated
in Sections 5.01, 5.02 and 5.03 above, the City and the Developer agree that the charge or
assessment ("Roadway Impact Fee") unposed against new development pursuant to Ordinance
No. 0-2019-0124, adopted by the City on March 14, 2019, shall not be owed to the City for any
residential use within the development. The construction of these improvements and the
dedication of the right-of-way are considered to be a full offset against said impact fees.
However, the parties stipulate that the impact fees owed under Ordinance No. 0-2019-0124 shall
still apply to any commercial use within the development.
Section 5.05. Traffic Impact Analysis. The City and the Developer agree that any
other improvements necessary to address roadway impacts resulting from the development of the
Property, including, but not limited to, installation of turn lanes and pro-rata shares of traffic
signal installations, as determined by the Traffic Impact Analysis, will be the sole responsibility
of the Developer.
ARTICLE VI
EMERGENCY SERVICES
Section 6.01. Sole Provider of Emergency Services. A portion of the Property is
located within the Williamson County Emergency Services District No. 3 (the "ESD"). The
parties intend for the City to become the sole provider of emergency services for the Property.
The City agrees to complete all items in order to become the sole provider of emergency services
for the Property pursuant to Tex. Health & Safety Code § 775.022 (the "ESD Act"), and will file
the petition for disannexation of the Property from the ESD within fifteen (15) days of the
completion of the annexation of the Property into the City. The parties agree that Developer will
be responsible for ironies owed as a result of the disarmexation pursuant to Section 775.022(c) of
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the ESD Act up to twenty thousand dollars ($20,000) (the "Agreed Cost Cap Amount") for the
disannexation of the Property from the ESD. In the event the disarulexation costs exceed the
Agreed Cost Cap Amount, the parties will contribute in equal shares for any costs incurred
pursuant to Section 775.022(c) of the ESD Act over the Agreed Cost Cap Amount, with such
amounts due from each party at the time the amounts are due to the ESD. Any equipment
purchased by the City from the District pursuant to Section 775.022(d) of the ESD Act shall be
purchased and funded solely by the City in their discretion.
ARTICLE VII
AUTHORITY TO ISSUE BONDS
Section 7.01. Authority to Issue Bonds. The District may issue Bonds only as
permitted by this Agreement. The District may reimburse a Developer for expenditures
authorized by Commission rules and regulations, if applicable, and this Agreement; however, the
purposes for which the District may issue Bonds are restricted to:
(a) The purchase, construction, acquisition, repair, extension, and improvement of
land, easements, works, improvements, facilities, plants, equipment, and appliances (including
capacity or contract rights to capacity in any of the foregoing) necessary to:
(1) Provide a water supply for municipal uses, domestic uses, and commercial
purposes;
(2) Collect, transport, process, dispose of, and control all domestic, industrial,
or communal wastes whether in fluid, solid, or composite state (other than solid waste, as
defined in the City's Code of Ordinances);
(3) Gather, conduct, divert, and control local storm water or other local
harmful excesses of water;
(4) Design, acquire, construct, and finance Road Projects; and
(5) Develop and maintain park and recreational facilities, subject to the
applicable limitations of Section 49.461-49.466, Texas Water Code, or as permitted
under Section 54.201, Texas Water Code;
(b) Refunding any outstanding Bonds, provided such refunding Bonds satisfy the
terms and conditions of this Agreement;
(c) Paying organizational, administrative, and operating costs during creation and
construction periods and interest thereon, subject to the applicable limitations of Section 49.155,
Texas Water Code; and
(d) Paying other expenses authorized by Section 49.155, Texas Water Code.
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Section 7.02. City Submittals; Objections.
(a) The District agrees to give written notice to the City of its intention to issue
Bonds as follows:
(1) If the District intends to issue Bonds that require TCEQ approval, the
District will provide notice of same to the City Manager and City Attorney concurrently
with the District's submittal of each application to the TCEQ for approval of issuance of
Bonds, which notice shall include:
A. A copy of the District's application to the TCEQ, including the
amount of Bonds proposed for issuance, a general description of the projects to be
funded by the Bonds, the engineering report, the projected debt service schedule,
the projected District debt service tax rate after the closing date of the Bonds, and
the projected final maturity date of the Bonds;
B. Written certification by the District's financial advisor that the
Bonds, when issued, will meet the existing economic feasibility guidelines
established by TCEQ for districts issuing bonds in Williamson County; and
C. Written certification by the District that the District is in
compliance in all material respects with the terms and conditions of this
Agreement.
(2) If the District intends to issue Bonds that do not require TCEQ approval
(e.g., Bonds for Road Projects or refunding Bonds), the District will provide notice of
same to the City Manager and City Attorney at least forty-five (45) days prior to pricing
of the Bonds, which notice shall include:
A. The amount of Bonds proposed for issuance, a general description
of the projects to be funded by the Bonds or Bonds to be refunded by such Bonds,
the engineering report (if applicable), the projected debt service schedule, the
projected District debt service tax rate after the closing date of the Bonds, and the
projected final maturity date of the Bonds; and
B. Written certification by the District that the District is in
compliance in all material respects with the terns and conditions of this
Agreement.
(3) Within five (5) days after pricing of any Bonds and no less than fourteen
(14) days before the closing date of such Bonds, the District shall provide the City with
the following information:
A. If TCEQ approval is required, a copy of the TCEQ order approving
the Bonds;
B. A description of the District Iimprovements to be funded by the
Bonds, if applicable;
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C. The amount of Bonds being proposed for issuance;
D. A debt service schedule for the Bonds;
E. The proposed District debt service tax rate after the closing date of
the Bonds;
F. A savings schedule for any refunding Bonds; and
G. Written certification by the District that the District is in
compliance in all material respects with the conditions set forth in this
Agreement, including without limitation the infonnation necessary to evidence
compliance with the requirements of Section 7.04.
(b) The City may object to a Bond application or to the issuance of a series of Bonds
for the sole reason that a Developer or the District is in default of any provision of this
Agreement. If the City objects to a Bond application or issuance due to such a default (a "City
Objection"), the City shall have a period of thirty (30) days after receiving the information
required by Sections 7.02(a)(1) or 7.02 a 2 , as applicable, and a period of ten (10) days after
receiving the information required by Section 7.02(a)(3) within which to notify the District of the
City Objection. If the City timely objects to a Bond application or issuance due to such a default,
the Bond application and issuance will be delayed until such time as the default is cured. If the
City fails to object to a Bond application or issuance within such periods specified herein, the
City shall be deemed to have waived all objections. If the City objects to a Bond application or
issuance, such City Objection must: (a)be in writing; (b) be given to the District; (c)be signed
by the City Manager or the City Manager's designee; and (d) specifically identify the applicable
provision of the Consent Ordinance or this Agreement as to which the District or the Developer
is in default. If a City Objection is timely given to the District with respect to a specific Bond
application or issuance of Bonds, the City and the District shall cooperate to resolve the City
Objection within a reasonable time, and the Bond application or issuance of Bonds to which the
City Objection applies shall be delayed until the City Objection has been cured or waived by
written agreement.
(c) Within thirty (30) days after the closing date of a series of Bonds, the District
shall deliver to the City Manager a copy of the final official statement for such series of Bonds
and a copy of any report on reimbursable costs required by the rules of the TCEQ. The District
shall send a copy of any material event notices filed under applicable federal securities laws or
regulations to the City Manager within thirty (30) days after filing such notices with the
applicable federal agency. If the City requests any additional information regarding any issue of
District Bonds, the District will promptly provide any such information to the City.
Section 7.03. Bond Limit Amount. The total amount of Bonds issued by the District,
excluding refunding Bonds, shall not exceed $48,000,000 unless otherwise approved by the City.
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Section 7.04. Terms and Conditions of Bonds.
(a) Bonds, including refunding Bonds, issued by the District shall, unless otherwise
agreed to by the City, comply with the following requirements:
(1) No individual series of Bonds will be issued with a tenn which exceeds 25
years from the closing date of such series of Bonds;
(2) The Bonds (other than refunding Bonds and Bonds sold to a federal or
state agency) shall only be sold after the taking of public bids therefor(unless current law
changes to pen-nit otherwise), and no Bonds shall be sold for less than ninety-seven
percent (97%) of par, provided that the net effective interest rate on Bonds so sold, taking
into account any discount or premium as well as the interest rate borne by such Bonds,
shall not exceed 2% above the highest average interest rate reported by the Daily Bond
Buyer in its weekly "20 Bond Index" during the 30-day period next preceding the date
notice of the sale of the Bonds is given (or, if the Daily Bond Buyer ceases to exist, a
comparable publication reporting average bond interest rates);
(4) The District shall reserve the right to redeem its Bonds not later than the
tenth (10th) anniversary of the closing date of such Bonds, without premium;
(5) No variable rate Bonds shall be issued by the District;
(6) No Bonds (other than refunding Bonds) shall be issued by the District
subsequent to the fifteenth (15th) anniversary of the Effective Date of this Agreement;
(7) Any refunding Bonds must provide for a minimum of three percent (3%)
present value savings and, further, must provide that the latest maturity of the refunding
Bonds may not extend beyond the latest maturity of the refunded Bonds; and
(8) Capitalized interest shall not exceed three years interest.
Section 7.05. Notification for Bond Reviews. The District agrees to include, in each
application to the TCEQ for the approval of the issuance of Bonds, the terms and conditions of
Article VII of this Agreement. The Developer and the District each agree that it will not request
reimbursement or authorization to reimburse any costs or expenses not authorized by this
Agreement or the Development Agreement.
Section 7.06. Limit of City's Liability. Unless the City abolishes the District and
assumes the assets and liabilities of the District, the Bonds or any other obligations of the District
shall never become an obligation of the City. The City's obligations under this Agreement shall
not extend beyond its obligations to operate and maintain the District Improvements after
conveyance to the City and to use the District Improvements to serve the Land. Nothing herein
will prevent the City from using District Improvements to serve customers outside of the District
provided that there is sufficient capacity to serve the residents and customers within the District.
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Section 7.07. Expenses Not Eligible for Reimbursement. The District and the
Developer agree that the Bonds may not be used to finance any costs to be reimbursed by the
City under the Development Agreement.
ARTICLE VIII
DISSOLUTION OF DISTRICT
Section 8.01. Dissolution. The City may dissolve the District at any time after the
District has issued Bonds to finance Reimbursable Costs paid or incurred to construct the District
Improvements that are required to serve full development of the Property. Upon dissolution of
the District, the City shall assume the indebtedness and legal obligations of the District to the
extent required by law. If the City does not dissolve the District, the Board shall dissolve the
District within sixty (60) days after the maturity date of the last series of Bonds issued by the
District.
ARTICLE IX
CONCEPT PLAN
Section 9.01. Phased Development. Developer intends to develop the Property in
phases. Portions of the Property not under active development may remain in use as income-
producing agricultural lands or as open space land.
Section 9.02. Concept Plan; Exceptions. The City hereby confirms (i) its approval
of the Concept Plan, and (ii) that the Concept Plan complies with the City's General Plan, as
amended. The City approves the land uses, densities, exceptions, roadway alignments and
widths and other matters shown on the Concept Plan, and confirms that the Conceptual
Development Plan has been approved by all required City departments, boards and commissions.
Section 9.03. Term of Approvals. Except as provided below, the Concept Plan will
be effective for the tenn of this Agreement. Any preliminary subdivision plat or final
subdivision plat that is consistent with the Concept Plan, applicable City ordinances and State
law will be effective for the tenn of this Agreement. The Concept Plan will be deemed to have
expired if no final plat of the Property is recorded for a period of ten (10) years or ten (10) years
expires after the recordation of the last final plat.
Section 9.04. Amendments. Due to the fact that the Property comprises a
significant land area and its development will occur in phases over a number of years,
modifications to the Concept Plan may become desirable due to changes in market conditions or
other factors. Variations of a preliminary plat or final plat from the Concept Plan that do not
increase the overall density of development of the Property, will not require an amendment to the
Concept Plan. Minor changes to the items depicted in Exhibit B or Exhibit B-1, including
minor modifications of street alignments, minor changes in lot lines, the designation of land for
public or governmental uses; changes in lot sizes that do not result in an increase in the overall
density of development of the Property(including any increase in lot sizes resulting in a decrease
in the total number of lots) or any change to a public use, including, but not limited to school use,
will not require an amendment to the Concept Plan or City approval. Major changes to the
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Concept Plan must be consistent with the terms of this Agreement and will be subject to review
and approval by the City, which will not be unreasonably withheld.
Section 9.05. Additional Property. To the extent Developer, its successor or
assign, or an affiliated entity of the Developer, acquires land contiguous to the District
("Additional Property") subsequent to this Agreement, Developer shall provide notice to the City
of such acquisition, accompanied by a legal description, and such Additional Property shall (i)be
considered a part of the Property and subject to this Agreement, without the necessity of
amending this Agreement, and (ii) be subject to and developed in accordance with the
specifications of this Agreement. Upon such acquisition, Developer may cause to be recorded in
Williamson County records a memorandum of this Agreement, incorporating the description of
the Additional Property affected.
Section 9.06. Exterior Wall Materials. The exterior wall materials for all
residential properties within the District shall be a minimum 75% stone, brick, or stucco. Mo
more than 50% shall be stucco. Up to 25% of the exterior wall finish may be fiber cement siding
(excluding flat, unarticulated panels).. An alternative wall finish consisting of 100% stucco may
be permitted only in conjunction with a tile roof. The use of materials such as wood shingles,
wood siding, and architectural steel or metal shall be limited to accent features. Accessory
buildings not exceeding 150 square feet in gross floor area are exempt from the percentage and
material requirements listed above.
ARTICLE X
AUTHORITY
Section 10.01. Authority. This Agreement is entered into, in part, under the statutory
authority of Section 402.104, Texas Local Government Code and Section 212.172 of the Texas
Local Government Code, which authorizes the City to snake written contracts with the
Developers of land establishing lawful terms and considerations that the parties agree to be
reasonable, appropriate, and not unduly restrictive of business activities. The parties intend that
this Agreement authorize certain land uses and development on the Property; provide for the
unifonn review and approval of plats and development plans for the Property; provide
exceptions to certain ordinances; and provide other terns and consideration.
ARTICLE XI
TERM,ASSIGNMENT AND REMEDIES
Section 11.01. Term. The tern of this Agreement shall commence on the Effective
Date and (unless terminated pursuant to ARTICLE II) shall continue until the District is
dissolved in accordance with ARTICLE VIII.
Section 11.02. Termination and Amendment by Agreement. This Agreement may
be terminated or amended as to all of the Property at any time by mutual written consent of the
City and Developer and, following creation of the District, the District, and may be tenninated or
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amended only as to a portion of the Property by the mutual written consent of the City and the
Developers of the portion of the Property affected by the amendment or termination and,
following creation of the District, the District containing such portion of the Property. In the
event the District is not created by special act of the 86th Legislature, the City and Developer
agree that this Agreement shall be void ab initio and shall have no force and effect.
Section 11.03. Assignment.
(a) This Agreement, and the rights of Developer hereunder, may be assigned by
Developer, with the City's consent, to a subsequent developer of all or a portion of the Property.
Any assignment will be in writing, specifically set forth the assigned rights and obligations and
be executed by the proposed assignee. The City's consent to any proposed assignment will not
be unreasonably conditioned, withheld or delayed. No consent, however, shall be required for an
assignment to any subsidiary, parent company, or other affiliate of Developer.
(b) If Developer assigns its rights and obligations hereunder as to all or a portion of
the Property, then the rights and obligations of any assignee and Developer will be severable,
and Developer will not be liable for the nonperformance of the assignee and vice versa. In the
case of nonperformance by one developer, the City may pursue all remedies against that
nonperfonming developer, but will not impede development activities of any performing
developer as a result of that nonperformance.
(c) This Agreement is not intended to be binding upon, or create any encumbrance to
title as to any ultimate consumer who purchases a fully developed and improved lot within the
Property.
Section 11.04. Remedies.
(a) If the City defaults under this Agreement, Developer may enforce this Agreement
by seeking damages and/or a writ of mandamus from a Williamson County District Court, or
may give notice setting forth the event of default ("Notice") to the City. If the City fails to cure
any default that can be cured by the payment of Money ("Monetary Default") within 45 days
from the date the City receives the Notice, or fails to commence the cure of any default specified
in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and
thereafter to diligently pursue such cure to completion, Developer may terminate this Agreement
as to all of the Property owned by Developer, or as to the portion of the Property affected by the
default; however, any such remedy will not revoke the City's consent to the creation of the
District.
(b) If Developer defaults under this Agreement, the City may enforce this Agreement
by seeking specific performance from any court of appropriate jurisdiction, or the City may give
Notice to Developer. If Developer fails to cure any Monetary Default within 45 days from the
date it receives the Notice, or fails to coiTunence the cure of any default specified in the Notice
that is not a Monetary Default within 45 days of the date of the Notice, and thereafter to
diligently pursue such cure to completion, the City may terminate this Agreement; however, any
such remedy will not revoke the City's consent to the creation of the District.
CONSENT AND DEVELOPMENT AGREEMENT—Page 13
4833-5204-7000v. 3
(c) If either party defaults, the prevailing party in the dispute will be entitled to
recover its reasonable attorney's fees, expenses and court costs from the non-prevailing party.
Section 11.05. Cooperation.
(a) The City and Developer each agree to execute such further documents or
instruments as may be necessary to evidence their agreements hereunder.
(b) The City agrees to cooperate with Developer in connection with any waivers or
approvals Developer may desire from Williamson County in order to avoid the duplication of
facilities or services in connection with the development of the Property.
(c) In the event of any third-party lawsuit or other claim relating to the validity of this
Agreement or any actions taken hereunder, Developer and the City agree to cooperate in the
defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim
without diminution in their respective rights and obligations under this Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 12.01. Notice. Any notice given under this Agreement must be in writing
and may be given: (i) by depositing it in the United States snail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing
it with Federal Express or another service guaranteeing "next day delivery", addressed to the
party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or
any agent of the party listed in this Agreement, or (iv) by confirmed facsimile with a confirming
copy sent by one of the other described methods of notice set forth. Notice by United States snail
will be effective on the earlier of the date of receipt or 3 days after the date of mailing. Notice
given in any other manner will be effective only when received. For purposed of notice, the
addresses of the parties will, until changed as provided below,be as follows:
CONSENT AND DEVELOPMENT AGREEMENT—Page 14
4833-5204-7000v. 3
CITY: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attn: City Manager
With Required Copy to: Stephan L. Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
DEVELOPER: KB Home Lone Star, Inc.,
10800 Pecan Park
Austin, Texas 78750
Attention: Patrick Murphy
With Required Copy to: Ross Martin
Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, Texas 75201
The parties may change their respective addresses to any other address within the United States
of America by giving at least five days' written notice to the other party. Developer may, by
giving at least five days' written notice to the City, designate additional parties to receive copies
of notices under this Agreement.
Section 12.02. Severability. If any provision of this Agreement is illegal, invalid, or
unenforceable, under present or future laws, it is the intention of the parties that the remainder of
this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision,
that a provision be added to this Agreement which is legal, valid, and enforceable and is as
similar in ten-ns to the illegal, invalid or enforceable provision as is possible.
Section 12.03. Waiver. Any failure by a party to insist upon strict perfonnance by
the other party of any material provision of this Agreement will not be deemed a waiver thereof
or of any other provision, and such party may at any time thereafter insist upon strict
perfonnance of any and all of the provisions of this Agreement.
Section 12.04. Limited Waiver of Immunity. The Parties are entering into this
Agreement in reliance upon its enforceability. Consequently, the City unconditionally and
irrevocably waives all claims of sovereign and governmental immunity they may have
(including, but not limited to, immunity from suit) to the extent, but only to the extent, that a
waiver is necessary to enforce specific performance of this Agreement (including all of the
remedies provided under this Agreement) and to give full effect to the intent of the Parties under
this Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any
immunities that the City may have with respect to claims of injury to persons or property, which
claims shall be subject to all of their respective immunities and to the provisions of the Texas
CONSENT AND DEVELOPMENT AGREEMENT—Page 15
4833-5204-7000v. 3
Tort Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a
Party to this Agreement or any party that may be construed to be a third party beneficiary to this
Agreement.
Section 12.05. Applicable Law and Venue. The interpretation, perfonnance,
enforcement and validity of this Agreement is governed by the laws of the State of Texas.
Venue will be in a court of appropriate jurisdiction in Williamson County, Texas.
Section 12.06. Entire Agreement. This Agreement contains the entire agreement of
the parties. There are no other agreements or promises, oral or written, between the parties
regarding the subject matter of this Agreement. This Agreement can be amended only by written
agreement signed by the parties. This Agreement supersedes all other agreements between the
parties concerning the subject matter.
Section 12.07. _Exhibits, Headings, Construction and Counterparts. All schedules
and exhibits referred to in or attached to this Agreement are incorporated into and made a part of
this Agreement for all purposes. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever
appropriate, words of the masculine gender may include the feminine or neuter, and the singular
may include the plural, and vice-versa. The parties acknowledge that each of them has been
actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of
construction that any ambiguities are to be resolved against the drafting party will not be
employed in interpreting this Agreement or any exhibits hereto. If there is any conflict or
inconsistency between the provisions of this Agreement and otherwise applicable City
ordinances, the tens of this Agreement will control. This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an original, and all of which will
together constitute the salve instrument. This Agreement will become effective only when one
or more counterparts, individually or taken together,bear the signatures of all of the parties.
Section 12.08. Time. Time is of the essence of this Agreement. In computing the
number of days for purposes of this Agreement, all days will be counted, including Saturdays,
Sundays and legal holidays; however, if the final day of any time period falls on a Saturday,
Sunday or legal holiday, then the final day will be deemed to be the next day that is not a
Saturday, Sunday or legal holiday.
Section 12.09. Authority for Execution. The City certifies, represents, and warrants
that the execution of this Agreement is duly authorized and adopted in conformity with its City
Charter and City ordinances. Developer hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the articles of
incorporation and bylaws or partnership agreement of each entity executing on behalf of
Developer.
Section 12.10. Force Maieure. If, by reason of force majeure, either party is
rendered unable, in whole or in part, to carry out its obligations under this Agreement, the party
whose perfonnance is so affected must give notice and the full particulars of such force lmajeure
to the other party within a reasonable time after the occurrence of the event or cause relied upon,
CONSENT AND DEVELOPMENT AGREEMENT—Page 16
4833-5204-7000v. 3
and the obligation of the party giving such notice, will, to the extent it is affected by such force
imajeure, be suspended during the continuance of the inability but for no longer period. The
party claiming force imajeure must endeavor to remove or overcome such inability with all
reasonable dispatch.
The term "force imajeure" means Acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind of the government of the United States
or the State of Texas, or of any court or agency of competent jurisdiction or any civil or military
authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
stories, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, vandalism, explosions, breakage or accidents to machinery, pipelines or canals, or
inability on the part of a party to perforin due to any other causes not reasonably within the
control of the party claiming such inability.
Section 12.11. Amendment. This Agreement may be amended only with the written
consent of all Parties and with approval of the governing bodies of the City and the District.
Section 12.12. Interpretation. The Parties acknowledge that each Party and, if it so
chooses, its counsel have reviewed this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any amendments or exhibits hereto. As used in this
Agreement, the term "including" means "including without limitation" and the tern "days"
means calendar days, not business days. Wherever required by the context, the singular shall
include the plural, and the plural shall include the singular. Each defined teen herein may be
used in its singular or plural form whether or not so defined.
Section 12.13. No Third-Party Beneficiary. This Agreement is solely for the
benefit of the Parties, and neither the City, the District nor the Developer intends by any
provision of this Agreement to create any rights in any third-party beneficiaries or to confer any
benefit upon or enforceable rights under this Agreement or otherwise upon anyone other than the
City, the District and Developer.
Section 12.14. Counterpart Originals. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original.
Section 12.15. Exhibits. The following exhibits are attached to this Agreement, and
made a part hereof for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Concept Plan
Exhibit B-1 Lot Plan with Boundary Roads and Arterials
Exhibit C McNutt Creek C5
Exhibit D Form of Consent Resolution of the City
CONSENT AND DEVELOPMENT AGREEMENT—Page 17
4833-5204-7000v. 3
Exhibit E Foran of District Joinder
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
dates indicated below.
(SIGNATURE PAGES FOLLOW)
CONSENT AND DEVELOPMENT AGREEMENT—Page 18
4833-5204-7000v. 3
� 1
CITY OF ROUND ROCK
By: 4 A/
Craig Mor an, Maor
Date: •
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on 2 2019, by Craig
Morgan, Mayor of the City of Round Rock, a home-rule city on behalf of said City.
NoWv _
ignature
(Seal)
r
OF
•:#`1265$6.••
�IRES 711\����\`z
CONSENT AND DEVELOPMENT AGREEMENT—Signature Page
4833-5204-7000v. 3
KB HOME LO ST , INC.,
a Texas corpo atio
By:
its
Date:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on �U Y�Q 21 2019, by
�/1 GIC �Uyy��'- 'DYES i� of KB Home Lone Star, Inc., a Texas
corporation on -half of said corporation.
TARA BARKER /kj(j
NOTARY PUBLIC
ID#131515653
State of Texas
•. p ;�• Comm.Exp.04-03-2022 ota y Public Si re
(Seal)
CONSENT AND DEVELOPMENT AGREEMENT—Signature Page
4833-5204-7000v. 3
EXHIBIT "A"
DESCRIPTION OF PROPERTY
DEM; ALL OF T)UT RTAW 64.513 CRE 7TACT OF LAND OrT Oy A
PATa OF THE MY AVE , ABSTRACT N "-R452, SM, AM
WOAXAMMON COUNTY,TTXMz 2MGMMORE PA2MCULARY DESS 1 AS
LAM C41NVMD TO CREEK BZM LAND ROLDINGS, LLC RECORM IN
DOCU NT NVMER 2000047398, OFnCL4,L PUBLIC P.ZCORDS OF
LI MI SON COMM, TEXAS OF
(0,.�'". -_C.T�. . SAID t;� CVX yam "
LA", BMG M. 01;az FULLY
MMED BY NISTES AND
iDS AS
COMWENCING,at a W iton rod fo=d for the 00mer of that r=dnft
of 1,96-96 arm tt (d land conveyed tea Step ?Abd1=d T .Pr hl rrf
Family Tru-5:'. in 'off 1980. Pgg�, M Deed Rwords, VrMm'cnscrn qty,
. ':.C.TX), abo°big tbz sowhwest=comer of ti At ceruia d.w-of 1.04,6&=uw
of land conveyed to MchW and Naacy O =doff girded in Docent Nxtriber 201108512
(OTA.W.'C..M'), =,d also bebas.k the eastem 4&--0f-w1Y pec d, City Road 110 O. r.
Desi
TIM N „ v&h the common boadary line of said m, cinder of 196.96 a= tract .and said
Couaty Roads1°'29'00 a&sty of 210 f�e� o'•� �9 +� pent for the narthw%t=mer wd
the FOLD"T OF BIDGReMNG of the herem descn
.XXCEt %ith the ==on bouncy lize of sajA 64.E am tract and said remainder of
1-96.96 tmet�the follow sew= courses and dim. n=baed I through 7,
1.. at a dh5=c7e 01'0-30 fent*, a f d, oo r
tam of 696-23 fixato a
2. 1 0903. 5` ' ,a distance of 95.12 feet to a 7 iron rod fid,
. X81024'1'91 ,a die of'4129.97 imtto a "=* a and fo ,
4. S021142,1 T 1°"'� ca cu
a,d ff 17-58 f to a%"' mad.
�"
3� X68*02'31 - of 142927 *zt to s " imn rod the nmthees-&t
mrear of s4d C41-504 a tmct„
6. S °+ 4'24"Er a distance of 1099v t to a Wiron rod fbund at a fb=oomer,gad
7� S660*3 "19"W, a dLstancz of 27773;: 9 feet to a point dor the sovftmmatem mer of.gid
64.509=e tzar also beiu&in the eastun t4#-of-way line of said,Com,Rea 110,
TNM tbz bouz*y line of mijd 64 08:L=t 't and mfid Co- ty Road 110,
°tbe forowing t (2) and ffisbmces,Numbered I and Z,
1. Mlc3C'28 „a disteme of9'; .75 to a �ixonrod d
3'x. '00 ;a ftmce�of'209'.69 t tea the POM OF BEGIN 0 ar_d.c=.
64-5 133 of .
4833-5204-7000v. 3
• D
BSG AU OF THAT CERTAIN .,176 ACRE TRACT OF LAND OUT OF AND
ATED
ON COUNTY,, oSMG-MOVE D WD ED AS
5534 ACRECx OF L 0 T LONX OUB PROPERTIES,
LLC UCOIR►ED IN DOMMM NMflM 2009005145.1 OMS MBLIC
COIMS OEC Amo COU17Y, TEW (0.P-R' ..0
.��'` . P',�ANDS W 65.176.,fit
TRACT OF LAND,,BS ■..i y
G MORE D BY MEMS AS
FOLLOWS:
TRACT 1:
MG 'UNG, Ot & W fol d: e =ost =may uo%*w=em ooh of said
Wider of 55-34 a= umet, also being the =rtlhustmu comet of tb& certain remabader of
34:10 acre tm&of land CTract 1)conveyed to He=y Dervelopmen�,LTD,recoided jz Dom=a t
N%umber 2004099842 (0.P-1LW. -�and also bekg e a poict of cmNztze tar a cum 10 the
;:eft in&e sow 4& way line of Vdvetzity Bcmlvvzrd(2001 IL .W.),and'tie POINT
OF BWEeaNG for hers d
TIMNCE, vft 19he o==cm boundary
the faller two )courm and dim n d l =z'
With tlid=vt to the l bzNixg a n1dins of 8563.00 fftet,an=lez g&of 450.41 FEFY,
sad whose mrd beams N70*09i;65" , a ice of 45036 fit to a o*ppad inn rod
fob sUm4md":JJ;S COALTERr, and
9. N6803g'-2 „a&sU=of L514.1:2 feez to a.5/r rod fouo4 Imin them
coxner of nid mer of 55.34 &=traz� also bei the zorffiwesu= commof
cWtain remzbmder of 60 acre'tct of Isnd conveyed to And:el7.?gym Volume 456,Page
486;I) ords,��son.County,Teyas.
TEEN CLj with &e cin boundary lie of said of 55.34 a= tr= and said
p=er of£G a tmc�the follow two cam and distances,Ntffibi and 2,
I. 21°'47'47; a.wee of 903-92 fed to S 318"iron rod fo=4=d
2 *45" a distanoe of 87. 6:ct to a 3/8" iron rod f+ , ,an mor
m the eastem baxmdary,lize sof nid re=zhid=of _5ft,tho being tat nordrwest comer
ofd '75 amore twt of end conveyed to Veter=Land Board recorded in VDI=e
?81,Pap 247,Deed Records %7Mi ' Texas,
TE00CX,vhth the co==boundary line of said r=2in&r of 55.34&=;tr=and said 75 awe
tma c35'+40" a &r== of 268.79 feet to a � ir=rod . being the
cow of 4ei of 55.34 a=tjac% also bad the narffiegsum cw= of tw cam.
re=ki dw of 104.6 a—tconveyed to chael ani;Nam Oblendorf reoorded in Do===t
4833-5204-7000v. 3
�i
L"> KM Wfth the co=anon bomda y lkle of said r-'M�dr�' of 5534 =e and said
r=zmdex of 104.6 a=e tom, S68 )449W, a daistEzce of 2056.45 fit 1z a point, being the
sou e4wes�.em corer of said remainder of 55.34 acre'zct, also be ug the sootheastem comer of
that cer�:�0.07 acre tract.of land(Traci 11)conveyed.to He=r Doenrelo ,enrt,LTD.recorded.in
Doi= ent umbe~201704528.'7" (G-PJLW- " .)s
TEMNXCE� with,said bouadery line of said re=d dyer of 55.34 acn tv-ct,Seid 0,07 acre
( M-t U),thel gain.0_18=e of land('ter�conveyed to HAY Develop record in
sand Docrnat,=.t Nunber 201.70452.83, tEuat certain 4-14 a= tract of laid conveyed to Remy
Dcaelo=ient,,LTD.in Doc=ent?-giber 2017074516 t.'. .. �r and said r► a tz of
34-70 aczre tact{T--azt,i,tye fo noaf mar(`)co es and distar-esnua�d l 11 4,
1"27321W,a dis : of 104.85 fejt to iron rod fazes,
2 N1905?' '22"`1Wa:distance of 34. 3 feet to a ' rod fonnd,
3- MM'01" i,a distmee of 29.77 fret to airon rad foes and
?`VI 32'01"Wg a dist=ce of 1014.31 few to the POINT OF EE+GINN-1 G and
cr 53, 7 2-.—,es of
TR i 2a
lEGINNENG, at a W iron red found for the most vmstezly nort �estezn eo= of said
re:nand=of 5534 =�e tr=acre trzct,.bei'4 ir-tb& Vic.�893=--Of-wzY line of Comity Road
110 (R—O.W. vies), -ma also baimg soutjw = cor--= Qf t o-.�2-07 a= of
land cozy yed
2) to Hemry DcweloprargzL I:.TD: revord.ed in Document Number
2004059842 (0.P-IL .C.f ,.), and being the rorthwtxtern 0M= and the POINT OF
BEGDN. ih-fes far!:e herein descnibed tract:
TEENCE,,whh,the cr-- bow Une of sed-=jj` -er of 55 3 4 a=tm.z and said 2„47
t ac', x:68 X2'3 ,„ passim aL 2.766.E feet a capped ircm rod f =d for the sonx-.
coruuer of t mt certain 0.14 mere tr=of land conveyed to Henry Duy4opmeM LTD.re rded in
Do apt N bcx 2017074513(O-P-R.W.C.?X)and confirms for a total distance of 2796.42
fee to a,capped ircm md found,being*,e southwest cc=er of that ocrtain 0.7 8 acre'tract of]anal
(T1) vtye;to H r Developmeut,LTD. wcA the Do`s c =of t. c=tziu 0.0"
acm=zt of land. (T--&=Yj tOth,eyed to Eb=y Develop LTD_ recorded in Documerst
Number 2017045283 (0 P.R-W..C.TM),and being a southeast canes of said 0-14 acre tmeti,.
with the common b line of said remaiz d cr of 5534 acrttractmd said.0.077
awe t-dc%S21.°20 546-°E;a distance of 3 0.40 fist ter a. ka' Southwest=1L C-0 of sZ•d
0.07 acre tra , also be a the no-,thbo=6s-ry lk-e of bz, c,—tgz adder of 104.6 a=
UWZ cauveyt, 10 Michael za.d Nano Ohlc dorf i mt: N=bcr 2011485-12
TBENCE, with, the common bouadary line of said renmh der of 55trw agd said.
s .der of 104.6 a=r tmct, S68133"001W,.z dismce of 2796.+45 t to a W L-<x rod fog%,
beteg,!hz so c orate of sed r=mdnd=of 55-34 acne tact,also beimgg the n=thwestm
4833-5204-7000v. 3
0 (7)
cosi w of skid rcrminder of I M6 awe tragi aad also bei in the emem jjg�#-of-way lite of
said County,Road 11O�
'T ENCE, whh te mon boundoxy line of said remak&-c of$534 awe tmzz aid said..
unto►,Road 11.0,N-21016".3-Ml,a distmce of 30-00-l'oetto tbz PO'I `OF Bt rqND;G wd
contain 1.989 ac=of land.
TRA6CI'1 53.2.31 AC S
)MACJC 2 1,32 ACRES
TO-TAL-7 55-176 AC S
EL&CT&
BEWG ALL OF THAT C TAS 104.256,ACRE TRACT OF LkM OUT OF AS's
PART OF TM HOW SURVEY,ABM&CT NUMER 4527 STMAT7
'WMLUMSON COTINITV,TEL41%BM-G MOREPAPMCULARY DESCMED AS
BP,3NG A PORTION OF TRACT B*- TRACT H,THAT +CERTA RWYIATNDRR Op
104-6 ACIM TRACT OF x'13 CON"' yED To : CMkM AND NANCy
ORLENDOR ` RECORD-ED IN D O CTMEKT ?.SVNMM 24UQ=1 , OP'F'$C1'.+
P'UEI&C RECORDS 'OF WUMAN S£1N COIN, TEAS (,,O.P lLW.C.T .), SAM
104.256 .ACRE TRACT OF LAND, BRING MORE FULLY DES ED BY MMTES
AND B OUNMS AS FOLLOWS.-
UiING, at a %" iz=read kn=1 for tht noenwestem, cow of said remainder of 104.6
am uac4p also bean the Soutwastf=eox=of fb4 oarteit remdb4er of 55.34 amore tract of
land conveyed to Lc, a Mo=tain Pry, LLC, and also being in the cute=ri&-of-way
and &Lw being te cOmef.and 1126 POM OF R$A M- OI 'C for the?nerd
daxcr} tragi,
MENCE,with the.=r=om boundary line of said remainder of 10..6 erg tact,a4d,rewaffidex
of 5534 ame t xcc t=certim 0.07 acre t 11)ofd cowteyed to Hey Deveaopmexr,
LTD_ ar.. DD=mew N=ber 2017045283 (O.P.R- .C.M), N-68O 04"E�
Wider of 55.34 Wires of land cenve7ed to Lone Moumlem Pmperfm. ALM in Doewmeat
Number 204'OOS145(W.R,W.C.rX)j, a:disU=e of 4957.79 facet to a W i=rod being
no;'t1eastem coxner of said modnem of 104.6.=t tri also bei the soudmstem,
of said=ahxier of$5.34 a=tad amd rlso being in lbz west=b=adiry line of
MOD acre 't`sct of'l conveyed to Velww, Umd,Boaxd in Volu=e .781, 247a Deed
Records,VrOamson Coif Texa,
TEMNCZ v6E t= ccs bom3dmy lize
of snd 1,04.6 som=et wd sadd 75.CM0
S21126 177, a distance of 913.49 fftT to& V iron rod.fob,being%e sout=ist=aarr=of
4833-5204-7000v. 3
the hwin dewed t rda# also being the zo.ftheastem comer of tzi ce rin=xakdeT of 19t-.96
a.cre tl.+ct of land cmveved to Stephen P:itchad Tr=zt and Nano t Ohlendczf Family Tri
in Volume 1980,Page 972 Deed.Recce Vriffiaznsoz Couxitn Tmms,
T.HE�`r'CE, with the co c» boumrda:7 lav or said re=Aind r of 104.6 a=e `tet zmd said
�djir of 19'6.95 a ,,,S68*3 0`24977W,a dista=e of 4957.11 fret to a �T Win,rod f
beimg&e s.nuth -estean con=of said r=&i=k- of 104.5 acre zaet:also berm tbr,nortlmwtern
co=cz of said xcmaimder of 196.96 acre tra—c, and also being in the easttrn rim:cf-vmy line of
said CoxmtyRoad 1 f 0,
TI NCE, vith the mmcn bouzdZzy b= of said re n=dcr of 1.04.6 a.cre pct end said
Cowry Road I1.0,the foo- owing two(2)courses and d starwes,vumbered I and 2,
I. N21* 9'00''''W,a d stance of 909.64 f t tc a 1.6' n fcr=4 and.
2. !laf 6'34 .a d=cc of 9.02 fejt;w the POINT OF BEGM7RqG and
104256 acres of
T1 CT B-M
BEING ALL OF T-ELk1' CER,TALNY 132.423 ACRE TRACT OF J.4-ND OTrr OF AND
PART OF TW, MENky MMLARD SURVEY; A13STRACT SER 452, SITUATED
IN WI ATS OTS COU-N-Ty,TES,BELNG MORE P.A TICULARY DES C ETT AS
BEING A3.L OF TRACT D TPUCT M TELAX 0ERTAM MLAMER OF 356..96
ACRE TRACT OF LAND COIN"VEYED TO -STEP ?N PRMHARD TRUST Aa'1W
NANCY KP. +0B ENTORF FAXILY TRUST RECOfiEED II'W'VOLUME 1980.,PAGE
M7 DEED RECORDS OF WnjL4_-vjv,0 - CCS 'y, TL A,S (O.F,F.,WgC.TX.), SAS
M423 Y.AME TRACT T ��1` OF 1 � RENG -MO FULL DESCB�ED By M �S
-AND,�7!`J.ND FOLLOWS:
BEGR(NINC, at a,W isoa rod found for the nortlxviest= comer of said remainder of 196.96
awe tract,also b0_-bv the so=hwestmn comer of c itai—z re=aindcr of 104.6=e tract of Und
d. ',n Klchkd and X=cy Obl=dorf r ded m v==:ji Nt j=c r 11011085212
(O.PjL:V'.C_T ' and a so mag is the ewe=r -of-waY line of Comty Road 110 (KO.W.
vmiest and the POINT OF BEGMUNG for the hm-esn descr-.W tzac
TACE, with the co=oyn. bocmdary Erre- of said = L-,dCd of 196.95 a= t-act and said
of 104_+6 ac_m,tract,.1,►ti$'°W29' ,a duce of 4957.11 feat to a 14' iron-,rad 1'0vns3,
beim the mor02eastem oo=cr of said 19'596 acm ftct also big the sore. u comes of said
render of 104.6 acre tit„and also bCM9 in the eastcm boundary line of that rein 75.00
=C,Bacot Cf Tann canoe to the''fiexitn-s Land Doer M Voh=e 791 e 2,47 Deed Pecords,
W11famsoz county='Ica n
T N.�CE,with the c n=oira 1cPo=d=y li=of said r=aimdea of 196.96?-=mct and said 75.00
=e tract, S71130'03"F, a distance of 1332.40 feet to a pobx ,b the s corner of
said remainder sof 196.96 acre:trzt-also being the north t--of` e,cerWn 7 ..099 acre
4833-5204-7000v. 3
(7) 0
tract of land conveyed to Ea=r, Jamb,and Dmvd,ea 019=ar"Volume 59s,pap 131,Deed
ROCMVI,, VUIA=On COWY, T and also beiug the sou$easura c== of the ha=
WM the om=on bouadary liae of said r=4nft of 1,96.96 a= tW jMd: add
-72-099 9=tuct S68*31#0 '°W, 11 distww of US-261 feet to a W rod fmmd, b an
angle tn&e saaffian
bryline ofslid erf19Q%acm '„also being die
=ftw of add and alm beiqg The=Ihao&cam=of*ua omtin
1 acre 1r of Immd =wqyed to SEDC Dervoo 1= reomtad in Domxneml Number
115: KM Vft 6--cmamon boundary E=of siEdremainder of 196 ate.Sdd 22.31
ac=t t; ue&M"wigg two and&sWmes,num 1 and.�
MO' " " a 4W=oe of 17.02 feetto a'.r iron read found,and
a d V*= of 1224-09 fed.to a oapped iron rod
1 &Uo being as etc` OM= on ft south line of said remYm4w of
WWim,wilh
common bo=dwy om=of said=nzind=of 19&96 =m tnW snd said
wre tact S21nT 1M a.distance of'376 54 fed to a Va"irm rad R=4 being a sou&mst
c=ar of said reavinder of 196-96=m t the sonfirwag mar of said 2231 a
Ua4,and&W being The norffieast o=ex of the r=abxw of*&cm p to, 34-74 aom t of land
C=ft3' tO SEDC DOV00 b= rm=ded in DocUmcl Number 2015499804 (O.P-?,—W.C.1'M),
and also being the northcazt=cor=of tig c=tojn 100 acwt tract ox eye,to Fred Liardon M
"Vobme 131,Pa�p 131 .R-W.CM),
T ib ,Vft a-Vwb line of said remadodar of 196.9+5=e traa and die Ene of said 100
arm t ac% 568.37 33'°W,a&Stenw of 24M34 feet to a W iron rod ,bdug the southwest
est
comer of said remainda of 196.96 awe t2c�a11so being#lie nar&west mmer ct said remlader
of-24.74 a=trete alwbring 1a the n bCMAKy H=cf smid 100 a= also bejmg
M The eftt Wit--of-VMy line of add Canty Road 110,fi=wkcha"T hvn rod fwd for lhe
sOuftwtSt comer of slid remWnda of 34.74 u=uad be= S21*2042Ej,a►dist�of 616.07
THEN ,vta the =mnon bmda7 1=' of:said r=xhAer of 196;x+5 a= tram and said
Coludy Road 110,N21*30'28"W, a dL-bance of?46.93 feet to a pit being lht so u.
Oom= of tib ctruin 64408 &=atit of Und oovftyed to Cre&Bend HoWhMA, LLC- in
Do===Number 2009047398 W-ELW.C.
",C t w1 h The ccaam ion y line of add remaind= of 196.96 aae tad and. said
64.508 wre tact to fofloving seven courws and dismaces,n=mbered1 tbrough 7,
1.. 1+T66033"1M a&Stmlm of 24 .39 f+ a 5'iron rod.ftnd,.
2 =00424'W',a disumce.of 1099.73 to a Vii'° .rod
3. S6rO2*31"W,a disbtace of 1429.2'foKlo a '"jr=rod fob
4833-5204-7OOOv. 3
D 0
4. Ntrr4rll ,a&StMEM of 17.58 fWtD a�?imm rod f7=A
5. $1° 4'l9'"'q "*adz r�cf329-97 fiC�tty zW rod
,6. "35"2M a&sb=e of 95.12 fimt to ate,ad
7. S6M'IrW,pelfmg at MS3 Pmd s«W I=rod fi=d and fm a.totd
of 696.23 fut to a pobt,bemg&c 1 111 &Wukm.0==of-said 6+4328 a=t
alga big an ay mer cam=in the WM=bat awY 1-lu*Of Mid=Ahuler of 196S6
acm tarp,tad also babe in*a a=&-*PMW Ike of slid Canty,Rod I I
THEKM WI&ft =mam bow Itm of said=u&Acr of 196..3%sow t szt and
C=AY Road 1.14,'N2j*29 OO"W,a&stm=a of 2149 feat to the POINT Op BEG'II'UMG
and oaubduing 132A23 a
4833-5204-7000v. 3
EXHIBIT "B"
CONCEPT PLAN
4833-5204-7000v. 3
IP
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1.4n,L'N,+,. �CAFFEY TRACT CONCEPT Pi:,�i�
� a
4
a�tK; `�. I1 ldli:LiNLZ91'ktT.t', CORK TRACKING NO. Q1904—oat
+ SCALE-. I' = 25V
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RITE$:E°114'4 4;f LA`:"A GF Trir WDST RECENTLY%X)PTE:i
r i J+ 1r f UNIF_RJiY BL%0.A.1 c" AW rY:{JE-,.t-t AVfJttA SHALL HL I'MSfJIktD
/ M re",n, =_ -�, t•a T11TAMJ3�iER THANA2g UNELUr xi;�15
11 pry 1,anP'� y' NT�ltltti�JO,.E31_]0.77.fG• 1 d •
3. OCRI J a,ills TRACT WIN 714% �-
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WIF41%Gil D 6Y:EM4
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EXHIBIT "D"
FORM OF CONSENT RESOLUTION OF THE CITY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, CONSENTING TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT
TO BE KNOWN AS ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1
WHEREAS, the City of Round Rock has received a Petition for Consent to Include Land
In A Municipal Utility District, dated , a copy of which is attached hereto as Exhibit
"A"; and
WHEREAS, the City wishes to evidence its support for the creation of the Round Rock
Municipal Utility District ("District") within its corporate boundaries by special act of the 86th
Texas Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
SECTION 1. All of the matters and facts set forth in the preamble hereof are true and
correct.
SECTION 2. The "Petition for Consent to Include Land In a Municipal Utility District"
(the "Petition") relative to 356 acres of land is attached hereto as Exhibit "A" and made a part
hereof for all purposes.
SECTION 3. The City Council of the City of Round Rock, Texas hereby grants its
consent to and permission for the creation of the District by special act of the 86th Texas
Legislature or through other means within its corporate boundaries which is described more fully
as Tract 1 in the field notes attached to Exhibit "A" of the Petition, and the Mayor and City
Secretary are hereby authorized to execute any documents necessary to effectuate this Resolution
SECTION 4. That this resolution take effect inunediately from and after its passage.
DULY RESOLVED by the City Council of the City of Round Rock, Texas, on the
day of , 201
4833-5204-7000v. 3
Mayor, Craig Morgan
ATTEST: APPROVED:
City Secretary City Attorney
[Petition for Consent to be attached as exhibit to final Consent Resolution]
4833-5204-7000v. 3
EXHIBIT "E"
FORM OF DISTRICT JOINDER
JOINDER AGREEMENT
THIS JOINDER AGREEMENT (the "Joinder Agreement"), dated as of
, 2019, is executed by ROUND ROCK MUNICIPAL UTILITY DISTRICT
NO. 1 ("District"), in connection with that certain Consent Agreement (the "Consent
Agreement") entered into by and between the CITY OF ROUND ROCK, TEXAS, a home rule
city located in Williamson County, Texas (the "City") and KB HOME LONE STAR, INC., a
Texas corporation, dated effective as of , 201_. Capitalized terms used herein but not
otherwise defined herein shall have the definitions provided in the Development Agreement.
In accordance with Section 2.02 of the Consent Agreement, a copy of which is attached
hereto as Exhibit "A" and incorporated herein for all purposes, the District executes this Joinder
Agreement in order to become a Party to the Consent Agreement. Accordingly, the District
hereby agrees as follows with City and Owner:
1. The District acknowledges and confirms that it has received a copy of the Consent
Agreement and the schedules and exhibits thereto.
2. The District hereby acknowledges, agrees, and confines that, by its execution of
this Joinder Agreement, the District shall automatically be deemed to be a Party to the Consent
Agreement, and shall have all of the rights and obligations of the District with regard to property
within the District thereunder as if it had originally executed the Consent Agreement. The
District hereby ratifies, as of the date hereof, and agrees to be bound by all of the tenns,
provisions and conditions contained in the Consent Agreement applicable to it to the same effect
as if it were an original Party thereto.
3. This Joinder Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of Texas, and exclusive venue shall lie in Williamson
County, Texas.
IN WITNESS WHEREOF, the District has caused this Joinder Agreement to be duly
executed by its authorized officer as of the day and year first above written.
ROUND ROCK MUNICIPAL UTILITY
DISTRICT NO. 1
By:
Name Printed:
Title:
4833-5204-7000v. 3