Contract - Round Rock Municipal Utility District (MUD) No. 1 - 9/12/2019 STRATEGIC PARTNERSHIP AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS,AND
ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This STRATEGIC PARTNERSHIP AGREEMENT ("Agreement") is entered into as
of the Effective Date between the CITY OF ROUND ROCK, TEXAS, a home-rule city
principally situated in Williamson County, Texas, acting by and through its duly authorized City
Manager (the "City"), and ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1 (the
"District"), a municipal utility district acting by and through its duly authorized Board of
Directors, both acting under the authority of Section 43.0751 of the Texas Local Government
Code (the "Act").
RECITALS
1. Section 43.0751 of the Act authorizes the City and certain utility districts, such as
the District, to negotiate and enter into a strategic partnership agreement by mutual consent.
2. The District is authorized to contract with the City pursuant to authority granted
under Section 49.213 of the Water Code.
3. The District is a municipal utility district that contains approximately 356 acres of
land, as more fully described on the attached Exhibit A (the "Land"). The City consented to the
creation of the District by Ordinance adopted on June 27, 2019 (the "Consent Ordinance") and
under the terms of the Consent and Development Agreement between the City and the Developer
dated effective as of June 27, 2019 and joined by the District pursuant to a Joinder Agreement
adopted on August 1, 2019 (the "Consent Agreement"). In accordance with the terms of the
Consent Agreement and in consideration of the City consenting to creation of the District, the
City, KB Home Lone Star Inc. and the District agreed the District will be located within the
corporate boundaries of the City. In that regard, upon petition by the owner of all the Land, the
City Council adopted on first and final reading Ordinance No. 0-2019-0270 that effectuated the
full purpose annexation of the Land within the corporation boundaries of the City effective June
27, 2019.
4. As required by the Act, the City held public hearings on August 22, 2019 at 6:00
p.m. and September 12, 2019 at 6:00 p.m., and the District held public hearings on August 14,
2019 at 8:00 a.m. and August 28, 2019 at 8:00 a.m., at which members of the public were given
the opportunity to present testimony or evidence regarding the proposed Agreement, and the City
and the District made copies of the proposed Agreement available, and gave notice of the
hearings prior to the public hearings in accordance with the terms of the Act and the Texas Open
Meetings Act.
STRAATEGIC PARTNERSHIP AGREEMENT
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5. The District has, by formal action after the public hearings, adopted this
Agreement on August 28, 2019, in open session at a meeting held in accordance with the Texas
Open Meetings Act.
6. They City has, by formal action after the public hearings and after adoption by the
District, adopted this Agreement on September 12, 2019, in open session at a meeting held in
accordance with the Texas Open Meetings Act.
7. To ensure the existence of the District following full purpose annexation of the
Land into the corporate boundaries of the City, the City and the District have determined it to be
in the best interest of the parties to enter into this Agreement.
8. All procedural requirements imposed by state law for adoption of this Agreement
have been met.
9. Pursuant to Section 43.0751(c) of the Local Government Code, this Agreement
shall become effective on September 12, 2019 (the "Effective Date"), the date of adoption of this
Agreement by the City. Upon adoption, this Agreement shall be filed by the District in the real
property records of Williamson County, Texas.
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I
FINDINGS
The City and the District find and declare:
1. To ensure the existence of the District following full purpose annexation of the
Land into the corporate boundaries of the City effective June 27, 2019, the City and the District
have determined it to be in the best interest of the parties to enter into this Agreement in
accordance with Section 43.0751(a)(2) of the Local Government Code.
2. This Agreement does not require the District to provide revenue to the City solely
for the purpose of an agreement with the City to forgo annexation of the District;
3. This Agreement provides benefits to both the City and the District, including
services or regulations, which are reasonable and equitable with regard to the benefits provided
to the other party.
4. All the terms contained in this Agreement are lawful and appropriate to provide
for the provision of municipal services; and
5. The City and the District negotiated this Agreement by mutual consent; the terms
of which are not a result of any annexation plan or any arbitration between the City and the
District.
STRATEGIC PARTNERSHIP AGREEMENT
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ARTICLE II
DEFINITIONS
Unless the context requires otherwise, and in addition to the terms defined above, the
following terms used in this Agreement will have the meanings set out below:
"Act"means Texas Local Government Code §43.0751 and any amendments thereto.
"Agreement" means this strategic partnership agreement between the City and the
District.
"Board" means the Board of Directors of the District.
"City" means the City of Round Rock, Texas, a home-rule city principally situated in
Williamson County, Texas.
"City Charter" means the Charter of the City and any amendments thereto.
"City Code" means the Code of Ordinances of the City and any amendments thereto.
"City Council" means the City Council of the City or any successor governing body.
"City Manager" means the City Manager of the City or his or her successor or designee.
"Developer" means KB Home Lone Star Inc and any successor or assigns as consented to
by the City.
"District" means the Round Rock Municipal Utility District No. 1 of the State of Texas,
operating pursuant to Article XVI, Section 59 and Article III, Section 52 of the Texas
Constitution; Chapters 49 and 54 of the Water Code; and Chapter 8094, Texas Special District
Local Laws Code.
"District Act"means Chapter 8094, Texas Special District Local Laws Code.
"District Facilities" means the water, wastewater, roadway and drainage facilities that
will be constructed by the District and conveyed to the City.
"Effective Date" means the date the City adopts this Agreement.
"Government Code"means the Texas Government Code and any amendments thereto.
"Land" means the land within the District's boundaries, as those boundaries may be
modified from time to time with the consent of the City.
"Local Government Code" means the Texas Local Government Code and any
amendments thereto.
STRATEGIC PARTNERSHIP AGREEMENT
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"Party" or "Parties"means a party or the parties to this Agreement, being the City and the
Districts.
"Property" means all the lands included within the boundaries of the District, now or in
the future by way of addition of land in conformance with Chapters 49 and/or 54 of the Water
Code, which Property is currently reflected in Exhibit "B", attached hereto and made a part
hereof.
"Water Code"means the Texas Water Code and any amendments thereto.
ARTICLE III
FULL PURPOSE ANNEXATION
Section 3.01 Property Taxes and Liability for Debts of the City
The District was full purposed annexed into the corporate boundaries of the city upon
petition of the owner of the Land on June 27, 2019. As a result, during the term of this
Agreement: (i) the owners of taxable property within the District are liable for their prorata share
of any present or future debts of the City in the same rate and amount as a similarly situated area
within the corporate limits of the City, and (ii) current and future ad valorem taxes levied by the
City will be levied on taxable property within the District.
Section 3.02 Powers and Functions Retained by the District
Subject to the terms and provisions of the Consent Agreement, the District is authorized
to exercise all of their powers and functions provided by existing law or any amendments or
additions thereto, including the District Act, until dissolution by the City or the District in
accordance with the Consent Agreement. The District's assets, liabilities, indebtedness, and
obligations will remain the sole responsibility of the District.
Section 3.03 Annexation
Except as otherwise provided in this Agreement and the Consent Agreement, the
residents within the District shall be entitled to the rights and privileges of other citizens within
the City's corporate boundaries and shall also be bound by the acts and ordinances of the City
now in effect and to be hereinafter adopted as provided in Ordinance No. 2019-0270.
ARTICLE IV
EMERGENCY SERVICES
In accordance with the terms provided in the Consent and Development Agreement, the
City agrees to provide to the District all of the emergency services provided to other areas
located within the corporate limits of the City.
STRATEGIC PARTNERSHIP AGREEMENT
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ARTICLE V
SERVICES PROVIDED BY THE DISTRICT
Section 5.01 Water, Wastewater, Roadway, and Drainage Services
The District shall construct all of the District Facilities within the Land. Upon
completion of District Facilities, the District will notify the City and the City will inspect and
accept for conveyance the District Facilities. All District Facilities conveyed to the City shall
include a one (1) year maintenance bond for utilities and a two (2) year maintenance bond for
roads. All wastewater, road and drainage facilities to include pipes, culverts, and other
improvements within the public right-of-way will be conveyed to and maintained by the City.
However, all drainage ponds will be conveyed to the homeowners association. All internal water
lines constructed by the District will be dedicated to and maintained by Jonah Water Supply
Corporation ("Jonah") pursuant to a separate agreement between Jonah and the District.
ARTICLE VI
THE DISTRICT
Section 6.01 The District.
Irrespective of the Land comprising the District being full purpose annexed on June 27,
2019, the District will continue to exist in perpetuity, unless and until the City or the District
dissolve the District pursuant to the terms of the Consent Agreement.
Section 6.02 District Functions.
The District will construct the District Facilities and will have all powers necessary to do
so, including all powers reasonably inferable to provide services related to the District Facilities
or to comply with the requirements of State law, the Consent Agreement or this SPA which are
applicable to the District. The District will not, however, have any powers which are not
expressly set forth in the District Act or this SPA. If the District exercises or attempts, by formal
Board action, to exercise any power not authorized by the District Act or the Consent
Agreement, the City will have the right to seek a writ of mandamus, prohibiting the District from
exercising or attempting to exercise any such power.
Section 6.03 Dissolution of the District.
Upon adoption of a resolution by City Council dissolving the District pursuant to the
terms of the Consent Agreement and any applicable law, the City will assume all obligations,
liabilities, indebtedness, and assets of the District.
STRATEGIC PARTNERSHIP AGREEMENT
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ARTICLE VII
MATERIAL BREACH,NOTICE AND REMEDIES
Section 7.01 Material Breach of Agreement
A It is the intention of the Parties to this Agreement that the District and the City be
regulated in accordance with the terms of this Agreement. A material breach of this Agreement
by the District includes any one or more of the following:
(2) Failure of the District to act in good faith in the annexation of the Land by
the City for full purposes as authorized by or contemplated by this
Agreement; or
(3) Failure of the District to develop and to operate and maintain the District's
water, wastewater, roadway, and drainage facilities.
If a Party to this Agreement believes that another Party has, by act or omission,
committed a material breach of this Agreement, the provisions of this Article shall govern the
remedies for breach of this Agreement.
Section 7.02 Notice of Districts' Default
A The City shall notify the District in writing of an alleged failure by the District to
comply with a provision of this Agreement, specifying any alleged failure by the District to
comply with a provision of this Agreement and describing the alleged failure with reasonable
particularity. The District shall, within thirty (30) days after receipt of the notice or a longer
period of time as the City may specify in the notice, either cure the alleged failure or, in a written
response to the City, either present facts and arguments in refutation or excuse of the alleged
failure or state that the alleged failure will be cured and set forth the method and time schedule
for accomplishing the cure.
B The City shall determine (i) whether a failure to comply with a provision
occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will
be cured by the District. The District shall make available to the City, if requested, any records,
documents or other information necessary to make the determination.
C If the City determines that the failure has not occurred, or that the failure either
has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory
to the City, or that the failure is excusable, the determination shall conclude the investigation.
D If the City determines that a failure to comply with a provision has occurred and
that the failure is not excusable and has not been or will not be cured by the District in a manner
and in accordance with a schedule reasonably satisfactory to the City, then the City may exercise
the applicable remedy under Section 7.04(A).
STRATEGIC PARTNERSHIP AGREEMENT
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Section 7.03 Notice of City's Default
A The District shall notify the City Manager in writing, specifying any alleged
failure by the City to comply with a provision of this Agreement and describing the alleged
failure with reasonable particularity. The City shall, within thirty (30) days after receipt of the
notice or a longer period of time as the District may specify in the notice, either cure the alleged
failure or, in a written response to the District, either present facts and arguments in refutation or
excuse of the alleged failure or state that the alleged failure will be cured and set forth the
method and time schedule for accomplishing the cure.
B The District shall determine (i) whether a failure to comply with a provision
occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will
be cured by the City. The City shall make available to the District if requested, any records,
documents or other information necessary to make the determination.
C If the District determines that the failure has not occurred, or that the failure either
has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory
to the District, or that the failure is excusable, the determination shall conclude the investigation.
D If the District determines that a failure to comply with a provision has occurred
and that the failure is not excusable and has not been or will not be cured by the City in a manner
and in accordance with a schedule reasonably satisfactory to the District, then the District may
exercise the applicable remedy under Section 7.04(B).
Section 7.04 Remedies
A If the City determines that the District has committed a material breach of this
Agreement, the City may file suit in a court of competent jurisdiction in Williamson County,
Texas, and seek any relief available at law or in equity, including, but not limited to, an action
under the Uniform Declaratory Judgment Act and termination of this Agreement in addition to
the monetary awards as may be appropriate.
B If the District determines that the City has committed a material breach of this
Agreement, the Districts may file suit in a court of competent jurisdiction in Williamson County,
Texas, and seek any relief available at law or in equity, including, but not limited to, specific
performance of the City's obligations hereunder, an action under the Uniform Declaratory
Judgment Act and termination of this Agreement in addition to the monetary awards as may be
appropriate.
ARTICLE VIII
BINDING AGREEMENT, TERM, AND AMENDMENT
Section 8.01 Beneficiaries
This Agreement binds and inures to the benefit of the Parties, their successors and
assigns. The District shall record this Agreement with the County Clerk in the Official Records
of Williamson County, Texas.
STRATEGIC PARTNERSHIP AGREEMENT
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Section 8.02 Term
The term of this Agreement shall commence on the Effective Date and shall continue
until the District is dissolved in accordance with Article VIII of the Consent and Development
Agreement.
Section 8.03 Amendment
The Parties, by mutual consent, may amend the terms of this Agreement at any time by
writing signed by both Parties hereto.
Section 8.04 Consent Agreement
Notwithstanding anything in this Agreement to the contrary: (i) in the event of a conflict
between this Agreement and the Consent Agreement, the Consent Agreement controls for all
purposes and (ii) any reimbursements due to the Developer as a result of constructing and
acquiring District Facilities is an obligation of the District and the City has no reimbursement or
other obligations to the Developer pursuant to this Agreement.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section 9.01 Notice
Any formal notices or other communications ("Notice") required to be given by one
Party to another by this Agreement shall be given in writing addressed to the Party to be notified
at the address set forth below for the Party, (i) by delivering the Notice in person, (ii) by
depositing the Notice in the United States Mail, certified or registered, return receipt requested,
postage prepaid, addressed to the Party to be notified, (iii) by depositing the Notice with FedEx
or another nationally recognized courier service guaranteeing "a next day delivery," addressed to
the Party to be notified, or (iv) by sending the Notice by electronic means with confirming copy
sent by mail. Notice deposited in the United States mail in the manner herein above described
shall be deemed effective from and after the date of such deposit. Notice given in any other
manner shall be effective only if and when received by the Party to be notified. For the purposes
of Notice, the addresses of the Parties, until changed as provided below, shall be as follows:
All Notices required or permitted under this Agreement shall be in writing and shall be
served on the Parties at the following address:
CITY: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attn: City Manager
STRATEGIC PARTNERSHIP AGREEMENT
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With Required Copy to: Charlie Crossfield
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664
DISTRICT: Round Rock Municipal Utility District No. 1
Winstead PC
Attn: Ross Martin
401 Congress Ave., Ste. 2100
Austin, Texas 78701
The Parties may from time to time change their respective addresses, and each may
specify as its address any other address within the United States of America by giving at least
five (5) days written notice to the other Party. If any date or any period provided in this
Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the
notice shall be extended to the first business day following the Saturday, Sunday or legal
holiday.
Section 9.02 Time
Time is of the essence in all things pertaining to the performance of this Agreement.
Section 9.03 Severability
If any part of this Agreement is found to be unenforceable, all other parts remain
enforceable unless the result materially prejudices either party.
Section 9.04 Waiver
Any failure by a Party to insist upon strict performance by the other Party of any material
provision of the Agreement shall not be deemed a waiver thereof or of any other provision
hereof, and the Party shall have the right at any time thereafter to insist upon strict performance
of any and all of the provisions of this Agreement.
Section 9.05 Applicable Law and Venue
The construction and validity of this Agreement shall be governed by the laws of the
State of Texas without regard to conflicts of law principles. Venue shall be in Williamson
County, Texas.
Section 9.06 Reservation of Rights
To the extent not inconsistent with this Agreement, each Party reserves all rights,
privileges, and immunities under applicable laws.
STRATEGIC PARTNERSHIP AGREEMENT
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Section 9.07 Further Documents
The Parties agree that at any time after execution of this Agreement, they will, upon
request of the other Party, execute and deliver the further documents and do the further acts and
things as the other Party may reasonably request in order to effectuate the terms of this
Agreement.
Section 9.08 Incorporation of Exhibits and Other Documents by Reference
All Exhibits and other documents attached to or referred to in this Agreement are
incorporated into this Agreement by reference for the purposes set forth in this Agreement.
Section 9.09 Effect of State and Federal Laws
Notwithstanding any other provision of this Agreement, the City and District shall
comply with all applicable statutes or regulations of the United States and the State of Texas in
each Party's fulfillment of its obligations under this Agreement.
Section 9.10 Authority for Execution
The City certifies, represents, and warrants that the execution of this Agreement is duly
authorized and adopted in conformity with the City Charter and City Ordinances. The District
certify, represent, and warrant that the execution of this Agreement is duly authorized and
adopted by its Board.
STRATEGIC PARTNERSHIP AGREEMENT
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IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of
which shall be an original, as of the date of last execution.
CITY OF ROUND ROCK, TEXAS
By: 4mz
Gity er �
ATTEST:
By: <�� Lft
City Shy 6L&p{�
APPROVED AS TO FORM:
By:
4Cittorney
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on �, N�� ', 2019, by
(U'J� 01WIAK, of the City of Round Rock, Texas, a home-rule city
on behalf of saicf City.
t
Notary Pub c ignature
W N� y �
OF
09-0gao
/lllllll1111
STRATEGIC PARTNERSHIP AGREEMENT
11
ROUND ROCK MUNICIPAL UTILITY
DISTRICT NO. 1
By:
r4G(l~{' Board of D' e tors
ATTEST:
By-
ecretary, Board of Directors
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on 2019, by
oa04 TO 4 x <. a Lkef the Round Rock Muni pal Utility District No. 1,
on behalf of said District.
FRY KIMBERLY STUDDARD Notary Public Sig ature
�
Notary Public,State of Texas
b Notary ID 13089109-8
My Commission Exp.11-07-2020
STRATEGIC PARTNERSHIP AGREEMENT
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
VEINO ALL OF TE..T CERTAM 6 513 ACRE TRACT OF LAND OUT OF AND
PART OF TR*MALL �; "
�yy[ [�� 'tY y{ MI AR S�� URVEY7 ABSTRACT
ACT�RE k']�+v'C] �IM
g9ly� y/y/y;4.y52, '�'UA-M
13M� ALL OF TRACT A. TRACT 1, THAT CERTALK 64-508 ACRX TRACT O'F
LAND CONVEIMD TO CRZEK BEND LAN HOLDINGS, LLC RECORDED r�
D0NT MZ+ DB 2015047398, O'M IAL PUBUC RECORDS OF
WILLIA SO COUNTY, TEXAS (0X-XW-C-T . SAID 64,513 ACIZE TRACT OF
LAN"Dr BMG MOM MLY MCRED By NUMM AND RO "I S AS
FOLLOWS
COMMNCING,at a �est rod fb=d for tete n rlm cwnet of dmt cmuin r jindcr
of 9& a=tmct of laud cazwyed to Stephen.Prt;tbx 1r=, az Nancy XT. ,ohi ,dorf
,R,.,wC-Tx-) also bei the so't .,�, c0l aer of that�remm—udm cf X04,6 acre tae;
of land coned to MchW and Nancy Oblmdoif moDrded ir.Doaunite,P,*,lD=ber 2011085212
and also beiag in lhe cast ra n. -of- y at e. Co z y R0 110 „O.W.
TMNC)E, vft, the common boundgay lint of.said ==:emder of 196.96 acm tact and said
CVantv, R04 a&stw=of21029 fimt to a pout for the northweste=corner And
tile POLN7 0YBE MaN G of.the ham,des= t t,
MWCIF% v&f thy; mor bowulary 1 of said 64.50 am t-act and said rem- dez of'
196.96 P=c tract,the follow sev= cotmses=d cam s,=mbtrod I t 7,
1.. -6Vatt'19" �at x d:,`= Of fie� a.'A"irm rod -found, fos I.
totem of 696M,6tct to.a pow
2. On,V2�' ,,a Wince of 95.12 feet to a Mee a red fid,
3. M1124'ITT ,a dlstAwe of3?9 S7 feet-W a%.";aura,rod found,
4. S02�42'I I"E,a diLsi=ce of? -58 feet to a on rod fes.,,
.5. NWM° 31":x, .a dismz of 1429.:27 -L to a " j rod ftp for tht norjhw
=, w of sold 64.E 04,&me-Irw,
6. S22*0 x 'S,a distance of 1099.73 feet to a K"iron and fotrrad at a ftnct,comer.and
7. S6603341191%7, a d!stanm of 2773 fee to a pozmt for the soutiwest=oomer of said
64
-5 09 Gore mcc to bti it lhe ern:riZht-oy�c f saldd:Cc ty,�:3 ,:
TMN s,vifb the com=a bound r line of said 64. 08 P-m vaek and st%d Co-anti=Roc an, I I t`r
ft foRowing two )coasts and dis-tancts,N=bered l read Z
1. M, 1030` * ,a woe of,953.75 fee.to a K"iron rod fbt
64.5 133 a.cres of lza&
4333-5204-7000v. 3
TR
BEMY ALL OF T CERTA T 55a76 ACRE TRACT OF LAN OUT O°F AND
I VMLWNBON COUNTYt TEXAS,BEING-MORB pAR*ITCUL1 .y DWCRMED AS
BMG A PORMN OF TRACT A.: TRACT 71, TAT MITAV IZENIAMER OF
5534 AC} T"CT OF LAND CONVMD To LONE MotTNTAIN pRopE , S,
LLC XWORDED IN D OMINT NMfM 20090051451 OFFIC. PTMLIC
)RECORDS OF WWAAMON COVA-rY,TEXT(0J?JL -C-M),SAW 55.176 ACRE
OF DAG MORE FULLY DESCRWFOLLOWS: 9D' YA
TRACT 1Y.
BER G. at iv= rod found for tie most noxC-jy not es 00Mfz Of sand
rem der Of 55.34 a= rMet, also berg the=xrhtast= car== of that cern t Te=zjnd,*z of
M-70=e tmcl of land C"ract 1) conveyed to Ferrer Devt1cpmen% LTD,,reecried in Document
N- b 2004099842(0 .ILW.C7), &ad alm bei,tt a poof=Vat=fbr a.Cum,10 the
left in the south ew,,r z)lt-af-way unz of Univenity B em . gOO' R..O, ., aro t1le F'o
OF BE GDSDZUqG for fhz herein d cn-BaI'tract,
TMNCE, 9,ft the coamon bo=d2zy 1:jae of said rmdader of 5535 at t ct =d said
Urdy=3hY B-9 Qevad,th,e following two(2)cv=es and djsmzc��z-='ori l and 2,
. .gid maxve to 1�e 1 tM,%A6zg a rad=of 85 00 fee,an iso:Ien gth of 450.4: FET
. vet se chard bean N70108'55`1E, a &sta tce of 45036 feet ;Lo a capped %fion rad
found stomped"T S COA-TIT ,, and
NIBS`3 MTM,a dice of 1514.12 f6�-.,to .518'�Lrort ray fomd,bzEng-.he northwst=
comer-of.said itnainder of. 5534 a= tz; also hebag the northwerrzm cru=of the.
certain remam=of 60 t t Of lend conveyed.to AudeU Payne lu Volume 456,P&Se
486,.Dme.Regmrds,WIM&Tasoxx'ounty,Texas,
-fth .the cert; bo L-*= of sadd rear erf
d
�� 55314 tzar �d
�aet Of 60 acre tuck�ffie follow t-Wo(2)coins and dLstzmes, :off l 2,
I. S21147 4777,a.dLmnce of x'03.92 feet to.a 318.,*iron nd found„azd
I N631145'30"P, a dista=of 87.68 ftet to a.3/r iron rod zou ,bei oa=,;crr c�M=
!a, the tut=bmmdary fir:of smid r=zjjm of 55, 4,also bei&e U0rt jMt c4M=
of=ofttdn 75=t tact of laxt.d conMed toVet==s Ind B recorded in V alume
?81,Pap 247,Treed Recrards'% ll on Cou ,Texas;
TEMNC E,vith the comic: =Ozzy line of said rem4ndw.of 5534 acre t aad sal,75&cre
t ac% S2a-5'417a da$tm= ref 268 feet to a. " iran rod lc , being the souraxa. m
comae r of said rcmsiadmr of 5534 a tom„ also bei t.'he nordimtem c=er of that cert
remainder of 104.6 a=tmci eaxireyed.to %cbael=d Nancy Ohl+zdcrf jewrdecl an jiacu==t
Nt=btr 201:1.085212(0 Vy11 r.0-TX-),
4833-5204-7000v. 3
T>LN ,, Vft tthe cOM=On bO=d2lY Hum Of sed ruder of 55.34 am tmct and d
re xk,der of 104.6 =e ftct� S680 49 , a distzr= of 2055 ftet to a 1�beingthe
SOu&Wesm Corner of said remkind=of$5,34 acre t=�rso b6ffig the scntthegst=t*=er of
tit cert 0.07 me trad of kud Crnzt ji)conveyed.to He:raY Devrlopmtat,LTD.recolded in
THENM with s3id cm==bat h at of Wd remainder of 5534 a=treet,sed.0.07 amr-
CrraaIQ,, ' ..cextgn 0.18=e�-sct oflUd(Trte� wwmye .to Ilemy Developaeat mord in
sdd Doom e=Number 2011045M., Wit. ceruLin 0_14 ac= tinct of Und conveyed to HenrV
]Deep,.LTD.M"Document N` beer�o1707451b(C?�'. .��`��,and said r=xhsdtr of
4.70: trot(Trad?,the f0,jjovr �6=(4 urse$ezd dii n 1 tht tt i ,
a,&Stance of 104.85 fx 'w a "'kon rod.fi^
2 9''ST22 W" a distmce of 3033 fit to a W iron rod fotmd:
3. l °Q'01"W+ a dLstmce of 29.77 feet a; T ima rod found,sed
4- '.1°3TO1.'''Wa distamee of 101431 fent: to the PODU OF REOMN-Ma e
nd
=tdaixx 7 acres of
TRACT
SEEGXI! ,' G, at a W! iron rod fo=d fes tlxc =st west lir mocom= of said
rete r of 55.34 wre tit,atcre
,,being it t; eercm 4gb't =way Iii of Cc=y Road
ltd O-W.w6ee )a and&Ito hem s*u*west=come:r of fAat textlin 2 07 a=� of
Ilmd cOnvt red { 2) 'co Deve l
ordcd in oc== 3�tmmber
2004089942 (0.P-p. .TX_), ead being the thw"t come,, gmdthe p,OI DTZ' OF
M OWMG for the hers dtsmibed t zzt,
t' with he co===boundn7 line of wid xe=z"azder of 55.34 4=0 tm==d Sak 2 07
a tmc�MM213 dag at- 2755.90 fejt a ed h=and f=d fa the souft%,rest
sner of that cerin 0.14 acre t7d of laud.conveyod.to H=ry Devejopmtmj LTD.mr d i�
D0=MC t l�TUM1=21{11.7074513(021 I.YW.C.TX) confin g for a.tot 1;;;e of
2796.42
fit to a,capped=in rod f
o .d,bei the souThwest co=er of that cert 0.18-wrt t-ad of land
('T=1)0=nYed W R=Y 1 e v LTD.aid e;nardmmst cow of tud catlin 0.(y7
Mt t=of land(Tett both omen to H�=y Developnv=LTD.re=dead.in j>0C=jejg
Xl r b r 2017045283(Q.F. ..W-QTX),and being a southeast mer of said 0.1.4 soe o tract,
TMXXCE,with the common,.,bout line of said remalnder of 55.:34 1=tia and Uid 0.07
S21'2WSM al distv=of 30-40 fejt to a.pofrit,bei the Cox=of said
OX &=e tcaat,dso bei Mi .te. bo=da-zy liat cif*.hat caWm rimer of l .y6 um
Uto shad ud N=cT Ohlan.dotf k Dost Number 20110=
Tit - with the: con=on bogy U= of said: remainder cf 5534 acre trract atd said
rmnzmdet of 104.6 a=t tom,S6M3"001W,a e s e of 2796.45 f6tt to a "'Lou rod found,
I
e tht sou hwe storm oo=er of said.Te=xind� of 55.34 a=tact�also bei the
4$33-5204-7000v. 3
comer of said rtmdnder of 104.6 mere true and also b=9 ars tbc:Off,,n -of wav line o
U d ccunt rt Road 1101
TMNCE, with the common boumixy line of said rte' ",lr of 5.5.34
County,Road 110,N'2111�i `yt"�jit,:a&Stmcp.of 30.00 fba to tm F`03NT, CSF Bt `G&ud
G(}L1Uiming IM 9=es of laancL
TP,A,CT 1-53.237 ASS
3Ar2 IS39 A,gpE
T....._UTAl,,�-S o7. & cRES
TRACT
SMG MLL OF TlUTCERTAJV 104-25, .ACRE TRACT OF LA" OUT OF AND
':ART O-P ITEM 1E?4"Ry 11 TL-A.RD SMVEY7 ABSTRACT INTMM 457,SrMAM
n T VM' IAMSON CO't NMY,TEXAS,AS,BMG MORE PAR=CULARy BESC F D AS
BRING A PORMN OF 'T`R..A. B TRACT IIt TaAT CER.TAP RlMAMKMR Or,
104.6 AM TRACT OT LAND CONVEYED TO CUAXL AND NANCY
OBLEMORF RXCORDED ED " bOC'UMEN-r ?'UMMER '20110MI_71 OFCX.AL
PUBLYC RECORDS OF WMUATASO COTIIS-Tyl T XAS (O P-TL'+ .CTX), SAID
104.256 ACRE TRACT OF LA 1, BEING MORE FULLY DESCRIBED BY MTFS
AND B OUh"BS.AS FOLLOWS:
BEC G, rod jo=d fbx t.e w,_jh7;Nt5=co ,r of said rema ndl,of 104.6
text lmd, also baying the soutbvvesttm coder of that MvEt re=Miadtr of 5534 acre tract of
lend convey+cd to Lme Mo= Frotexde9, LLC:, aid also big in the eat ri t_0f_w&y
Ibae zad also beimg tete nordIrmut=comer=a the pCDcr OF��'Z��for th�c'�
des tract,
MNCE,v6th the co xt=on.b oun dexy Une of saidrenminder of 104.6 eae trach,s9d r=aindw
+ef5534 e=t tact. tr cmtim 0.0 acre t%(Tract 11)of land conveyed to Hexy?mrd
LTD- in =meut 'Ku=bcx 2 1?045293 (0-P- ::W.C.' ), '6M4'0 "E, =d than c
r=aiader of 55334. arms of land canvawyyed tO enc MOUnTaim Properties,, LLC. in DDc;u ae�t
N=ber 20094051 5 t.'R..' .0' a dime of4957-79 f6e,to a IK"imn rod fbun4,bei
nMt'h eacr comer of said itwAinder of 104.6 acre t cit„adsc bting the soudhe==comer
ref said�,mei of 55.254 a=pct amd else bcizg s�tLe.wwtzm bo=dzuy liv&of tbAt oertain
75.40 =e ZWL of leM-d nvey;ed to 'kre . Sid Boal iti "Volume 781, ?agt 247,Deed
cord.,`lUiamsran County,Texas,
TBMNCE,v6ra 1he mon bo=�d&7 at,of sad x04.6 acro -t2et=d said 75.00
F+
521026'1 , a ci .ce of 913.49 fi '*t to a iron root.found,bcia�,g the sou% ,oorr=of
4.833-5204-700Ov. 3
the herein des trz�sLqo being the nu-thentem comer of 0txtgiu Wider of 196.96
WM tMct of land cauveyed to Stephen Prit ard.Tr=aid.N cy 3 .Ohleado f Fey Trost
xu Volu ne 1.9$4. Page 972 D 1 ct IAM soz Couaty,Tis
;, with t line of s9d n=Mkd&r of 104.6 ame tact atd said
remainAer of 196-9f
trr „$68350"2M,a distmoe of 49S7.11 fwtto a irourocl f
beg lfhe santhwa stem co=tr of said rem4ma -of 104�.6 arm zmct,also being thr,ncrflmwtcm
comer of said xmnaizder of 196.96,8=tom, =d elso,being irs the eases jj. -ap r line of
said Coux.ty Road 110,
TMWCZ,, vzth the co=coon both B36 of said remiinder of 104.6 Scm pct md said.
COV RORd 110,.the fcII.c t )cour.a and distmm,numbered 1 and 2,
L N21°29'00"W.,adist=ce of909.64{9.64 to a lir rod fid and.
. 1 1'16'34x*a dash of 9_t2 fimt to the PO 'T OFBEGUeUNGand.connmimig
104:56 acres oflzamncl
TRAa AM
BIUNG ALL OF TIUT CER.TAL 132.423 ACRE TRACT OF L.A_ND OUT OF AND
PART OF THEHENRY SLA"SURVEY,ABSTRACT 452,, S1TtTATM
COUN7,Tt,TEXAS,BSG N1ORE-PARTICULARY DESCRM A
REWC ALL OF TRACT R TRACT THAT CXR `AIN RMALMER olz 13+6
A�= TRACT OF LAND CONVEYED TO STMMN PMCELARD TRUST
M DRED RECORDS OF `UJZA.U$0NT Co l TjXA (G,P.LW CTX.)6 SAID
M.423 ACRE TRACT T 017 1A101 BMG MORE May DESCRIBED ED y jpW
4"1 BOSS AS FOLLOW
GWNXXG, at a W icon rod fbimd for tbLe zwzthwwttm comer of s d r=8k3d=cf 196.96
alw being the seem c of tb.--+certsit radar of 104.6 awe tact of I
Keyed ow I%GchLel ate. Xaa. Quad ==kd ia Doomient Number 2M 1095212
(o.k'IkA%C.T" . and also bekS in 12m eW=Wit-oj-way line of Cates►Rojd 110 XO.W.
vldes�ltd tha POS'OF 11RGMT G for the herein.descri—3.tact
with tbz co==n Tonal line of said art=akn of 196.96 acre tad =d said
rem"ar of 104_6 a=tac4
611°3 tiv29wF.,&d.stax"of 4957-11.11 fes:to a IS7 imn rod found,
ftte, st=care of said 196.96 arm t*a ,aho beba t o sou&ast=comer ofstid
remakdar of 104.6 ac m ttt ;,,u d also b ' in the a em boun�dxry"Bne of that cerzin 7`5.00
tit of`la l couvayed to the Vdmms Larwi Drd in Volume 791 247,Deed.R=crds,
'ma n Coulltyv Tom,
TMN , h tbe coon bo
=Amy line+af'said.=na;:irsder of 196.96*Cie tragi and said.7500
e t=om S211030'03" a cl su ce of 182.40 fvtt to a paints being the scar ste=cc=or of
Wd remifixd=of 1%.96 zc=U also lam;the nord castmn oo=xr-of that cwta6z 7-7099,
4833-5204-7000v. 3
tragi of lend=Toyed to Eleanor,.1awb,and Dorothe.01s=in Volume 595,pap 131,Doed
Rw%*, Vr mon Com, T , and. also bei the soaatftett, comer of the hw=
dcs=lmdUaz�,
THENCE, w fit Ihe O=mon boualine of said Wider of 196.96 am tvzt and mid
72.099 a=tract S68°30'0$""x, a dim of 1252-61 fW to a.14"irm rod f be�ag an
e paizt in iffie souffiem bG=dmy line of Wd T=6X1td=of 196S6
*west Oomer of md 72- C lxz� and t1so,bejog tt*&t .ems of*ism Omt6r,
=1 =e trAd Of 18nd comm* d to 8MC Dcvco bm rworded in Do=zncmI Nt ber
2015089805(C1.P '.QTX),
TEMN ,w. mon bo=dary ae of Sjjdnm&iUdaOf 196:9'6 a tragi 1
8=tit,the folly t cow and docs,nmtbered 1 and 2,
1. S 12'2'51""x",a 4istawe of 17.02 foto a 14rir=.rodf6und,and
2- x'05 's a.:distza of 1224.09 f _to a inn. rad Ibund, bei the
comer of said.
22.31 a= tom, also bei an iaterior career on the South line of Said r der of
19656 acze t
T E CE, with the C�m=n boundwy comer of sdd Itmacs1 of 196...96 acre tract 0=4 said
2-7.31 9=t2ct S2111371I M a distance of776-54fejt to a YT ircm and founcL being a soy: est
c=er of said aawhu1cr of 196S6 twa,alp be�mg tb:e Vie&c=�*f slia 1 awe .,
tAct surd*Uo b6mg fhe norfw* +of t' reds~Of he bft_tA*m 34?4 atTe ttct of land
C=YtTed to SEDC D6N= l,c-recorded fn Do=anent Number 2015089800 (O.P-R.W.C,.T .),
and also being no erst=comer of w=tem100*:xe tract conveyed to Fred Um-don im
T4bMe 131 Pap 131, w WCT )
TBENCI ,'r`ith.a south lime of&Ed remsdeer of 1%.96 acre tragi and the no&Im'e of said 100
acm tract a 8"37'33`')vW.,a&5tIxM of'422.34 feet to 2L r�iron and fcn big the sou&west
cornar of said Y=gnda of 196.96 a tra also b * the mex of wad re=Ijuder
of3 .74=e tract,s1w being 1n tht narthe=bow line osaid 100
n. .". - f also
being
i
1�of Road.110, f=We a iron and found for the
s t 0OWe r of said Wider of 34.74 A=tMe b S210"A7, ,a dish of 616.0Y7
TBMNM with tht oo=== bones .lam of:sed[ rider of 196.96 acm tragi and said
COUZMr Rami 110..221°30'" 8" ,a distance of 746.93 ftet to a P bei the soufixwwt=
comaer of twa certain 64408 aaxt tact of lana c4zveyed to Creck Bend Roldings., LLC k
D=u 1sT 2009Q4739 ..44�
INCE, '%fth the co=zon boundmy line of sdd rw sind=. of 196.86 arc tad emud said
64.508 am tact�-&e fbIlowing seven coes aad dismaces,numbered I tbrougt 7,
I N=104-24"W,a&5tance of 1 .73'fee to a-W iz=.rod fb
3. 5681002'3 "Wa d st*=of 1429.27 feato a YT kom.rod.foo=d,
4833-5204-'7000v. 3
4. ND2042'1.1 ,a dis*=of 17.59 fixt to a�� .Zod fes„
:5_ S E1 W19"Wt a y dim Of329.97 e tO:z Vii" rod 1 ,
6. 909635'207E,*d1sUaoee of 95.12 ftd to
7. W'00"19'W, at 695-93 fut*%im=Tod fi=d gmd " ;fax a total
ice of 696-23 fixt to a Poiu�being the n con=of said 64. 8 a
au Wedur cow=in the West=b+ounday line Of saw Wider of 196.96
a=tact tod also wl*= ofss%d C ,Road 110,
TACE,Td&faetea.boma2my li338Of z4nC1cr Of 196.96 Scrt tld and wdd
Road 114,N21a29'00"Vr,a disita of 2100 fed to j2w plINT OF BEGMqMr
UZ COuWkk9132. 23 a=u ofitud.
4833-5204-7000v. 3