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R-2023-379 - 11/2/2023 RESOLUTION NO. R-2023-379 WHEREAS, on June 27, 2019, the City of Round Rock, Texas ("City"), KB Home Lone Star, Inc., and Round Rock Municipal Utility District No. 1 ("District") entered into a Consent and Development Agreement regarding the creation and development of the District; and WHEREAS,the executed Consent and Development Agreement stated that"[o]n 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;" and WHEREAS, Exhibit "D" of the Agreement was a "Form of Consent Resolution of the City" consenting to the creation of the District; and WHEREAS, the City evidenced its approval of the creation of the District within its corporate boundaries by special act of the 86`h Texas Legislature by approval of the Consent and Development Agreement, however, unintentionally failed to approve a separate resolution specifically consenting to the inclusion of the property within the proposed District and the creation of the District; and WHEREAS, the City wishes to ratify its approval of the creation of the District and the inclusion of the District property within its corporate boundaries as set forth herein,Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, SECTION 1. All the matters set forth in the preamble hereof are true and correct. SECTION 2. The City Council of the City of Round Rock hereby ratifies the granting of its consent to and permission for the creation of the District by special act of the 86`h Texas Legislature within its corporate boundaries as set forth in the "Petition for Consent to Include Land in A Municipal Utility District," with said land described in the attached Exhibit "A," incorporated herein for all purposes. 0112.20232:4870.3571-6746 SECTION 3. The approval granted on June 27, 2019, is hereby formally ratified through this resolution by the City Council of Round Rock, with said resolution taking effect immediately from and after its passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of November, 2023. CRAI MOR ,Mayor City of Roun ock, Texas 4EA*GANKS, ATTEST: ity Clerk 2 EXHIBIT"A" DESCRIPTION OF PROPERTY TRAcr#A- BEING ALL OF THAT CERTAIN 64.513 ACRE TRACT OF LAND OUT OF AND PART OF THE RENR'Y HTLARD SURVEY,ABSTRACT NUMBER 452, SITUATED IN W1XALji_MSON COUNTY,TEXAS,BEING M. ORE PARnCULARYDESCRIBED AS BERG ALL OF TRACT A: TRACT I, THAT CERTALN 64508 ACRE TRACT OF LANA CONVEYED TO CREILK BHNA LAND 1iOLDINGS, LLC RECORDER Tri DOCUMENT N` MBER 2009047398, OFFICIAL PUBLIC RECORDS OF WIL,LL411 SON COMITY, TEXAS (O.P.R.Yv_C.T%.), SAID 64513 ACRE TRACT OF LAND, RMG MORE FULLY DESCRIBED BY METES AND BOO)-K'DS AS FOLLOWS: CONMNCING, at a %"iron rod found for the northwestern corner of that certain remainder of 196.96 acre tract of land conveyed to Stephen Pritcbard Trss. and N=oy KP. Oblendorf Family Truest in Volume 1980, Pege 972, Deed Records, 'Mdliamson County, Texas (D.R,W.C.TX,), also being the southwcstem comer of that certain remainder of 104.6 acre tract of land conveyed to Kchael and Nancy Ohlendorf recorded in Document Nlombca 2011085212 (O..P.RW.C.TX.), and also being in the easte:-n nght-of--way at of Com!y Road 110 (R.O.W. THENC)E, with the common boundary line of said remainder of 196.96 acre tract and said County Road,9211129'0017, a distance of 210-29 feet to a point for the nortlwestem corner and the YOLh'T OF BEGINNING of the herein described tract, THENCE, with the u=mon boundary line of said 64.504 acre tract and said remainder of 196.96 acre tract,the follovAug seven(7)courses and distances,numbea d 1 t uv*7, 1. N68100'19"r.,,Passing at a distance of 0-0 fee, & A"iron rod foimd, conti. "nom for e total of 696.23 feet to a point, 2. N09°35'20"W.a distance of 95.12 feet to a Y"iron rod found, S. N 81'24'19'7,a distance of 329.97 feet to a'/,"iron rod found, 4. S0242'1 I'T,a distance of 1758 feet to a14-"iron rod found, S. N68102'31'E, a divAnce of 1429.27 fed:to a 'A" i_roa rod found for Luse northeartern comer of said 64504 acre uw, 6. S22104'24'E,a distance of 1099.73 feet to a%z"iron rod found at a fence corner,and 7. S66°33'19"W, a distance of 277339 feet to a point for the southwWem comer of said 64.M9 acre tract,also being in the.eastern right-of-v,-ay lime of said County,Road 110, TW—NCE,f=irth the common boueda_*y line of said 64.509 acre tract and said Coanty Road 110, the following two(2)courses and distances,Numbered 1 and 2, 1. X21030'28"a1,a distance of 953.75 fee:to a%z"iron rod found, 2 1v'21c29'00"W,a drslnm o 209.69 feet to the POINT OF REGIINKING and coatainir.,g 64.513 ecru of land. 4833-5204-7000v.3 TRACT A-2 BM, G ALL OF THAT CERTA3N 55.176 ACID TRAGI' OF LAND OUT OF AND PART OI'THE HENRY MILLARD SURVEY,ABSTRACT N MBER 452, SITUATED 1N'WILLIVASO;v COUNTY,TERAS,BEING MORE PARTICULARY DESCRIBED AS BEING A PORTION OF TRACT A: TRACT II, THAT CERTAIN REbUMBR OF 55.34 ACRE TRACT OF LAND CON %-MD TO LONE MOVNTATN PROPERTIES, LLC RECORDED IN DOCIINMNT NUMI R 2009005145, OFFICIAL MBLIC RECORDS OF WML.WgSON COUNTY,TEXAS (O.PJLW.0:M),SAM 55.176 ACRE TRACT OF LAND,BEING MORE FULLY DESCRIBED BY Zl2E-M AND BOUNDS AS FOLLOWS: TRACT 1: BEGIiv;QNG, at t. �4." i^on rod found for the most northmIy northwestem comer of said remainder of 55.34 acre tract, also being the northeastern comer of that certain rtmaindrr of 3430 acre tract of land(Tract 1)conveyed to Henry Development,DTD,recorded in Document Number 2004089842(O.P.i.W.C.M),and also being at a point of ctavatme for a curve to the left in the sotrtncm right-of R-ay line of Uuivez-si:ty Boulevard(200' RO.R'), and the POINT OF BEGUe NG for foe herein dere n-bed tract, TRENCE, -%7th the common boundary lice of sa=d romainder of 5535 amm tract aid said Urdversity Boulevard,the following two(2)co•.:rsw and distances,Du=bc•ed 1 end 2, R. V�":th said curve tD the left,having a radius of 8563.00 fe.-t,an sic length of 450.41 and whose chord bears N70°08'55"B, a distance of 45036 feet to a capped iron rod found stamped"i S COALTER",end 9. N6898'27"F,a distance of 1514.12 feet to a 518"icon rod found,bang the northcastem comer of said remainder of 55.34 acre tra.,y also being the northwestern comer of the certain remainder of 60 acre tract of land conveyed to Audell Payne in Volume me 456,Pege 486,Deed Records,Williamson County,Testas, TEENCE, with the common boundary Linc of said rrm.",der of 55.34 acre tract and said remainder of 60 acre tract,the following two(2)coizses and distances,Number d ; and 2, I. S21°47'47"B,a distance of 903.92 feet to a 318"iron rod fotuid,aad 2. N63`45'?0"E, a distance of 87.68 feet to a 3/9"iron rod found,being an emdor tamer in the eastern bcur tdary line of said tcmzindcr of 5534,Oso bring,fne northwest corner of-dLet certain 75 acre tract of land conveyed to Veterans Land Board recorded in V olume 781,Page 247,Deed Records Williamson County,Texas, THENCE,with the common boundary line of said remainder of 55.34 acre tragi and said 75 acre tract, S2i°35'40'T., a dist nee of 268.79 feet to a '/," hon rod found, bei the southzastem corner of said remaiader of 5534 a--re tact, also being the northeastern corner of that certain remainder of 104.6 acre tract conveyed to Mcbatl and Nancy Ohleadorf recorded in Document 'Number 2011085212(O-F-KW-C-M). t i` 4833-5204-7000v.3 T13ENCE, with the common boundary lir c of said rernaindt. of 5534 acre tract and said remainder of 104.6 acre tract, S68S4'49-1V, a distance of 2056.46 fectt to a polm, being the southwestern corer of said remainder of 55.34 acre tract,also being the southmstem comer of that certain 027 acre tract of land(Tract II)conveyed to Henry Development,LTD.recorded in Document Number 2017045283(OTJLW.C.TX.), THENCE,with said coon boumdEry line of said rQ- cinder of 5534 acre tract,said 0.07 acre (17tsct II),that certain 0.3 8 arae tract of land(Tract 1)conveyed to Henry Development record in said Doctmtent Number 2017045283, that certain 0.14 acre tract of land conveyed to Henry Development,LTD.in Document Number 2017074516(0.PY-W.C.TX.),and said remainder of 34.70 acre tract(Tract 1),the following four(4)courses and distances,nunnb^'1 througb 4, 1. N21127'32'W,a distance of 104.85 feet to a'%"iron rod found, 2 N19°57'22"W,a distance of 3033 fcct to airon rod found., 3. N22°42'01"W,a distance of 29.77 feet to a V:"iron,rod found,and 4. N21°32'01'VI, a distance of 1014.31 fee-- to the POINT OF BEGD4NI IG and ca.udming 53-237 acres of 1 d TRACT 2: BEGDU\`ING, at a 'A" iron rod found for the most westeziy northwestrm come: of said remainder of 5534 acre tract acre tr ztS being in tht eastern right-of-pray line of County Road. 110 (R-O.W. varies), and also bring tine sou-aa est=corner of feat certain 2_07 acre tract of lard conveyed (Tract 2) to Henry Development, LTD. recorded in Document Number 2004089842 (O.P.R.W.C.TK), and being the northwestern comer and the POINT OF ]BEGINNING for the herein described tract, T1331NCE,with the cosron boundary live of said rcmziader of 5534 acre tr-.z'and said 2.07 acre tract,N6832'30-F, passing al 2766.90 feet a capped iron rod found for the soutlmest comer of that certain 0.14 acre tract of land conveyed to Henry Development LTD.recorded in Document Number 2017074513(O.P R W.C.M)and continuing for a total distance of 2796.42 feet to a capped iron rod found,being tilt southwest corner of that certain 0.18 acre trect of land (Tract 1) conveyed to Remy Dervelopunmil,M. and the port iv-e*t cam= of 1ha certain 0.07 acre tract of land(Tract lI)both conveyed to Henry Development LTD.retarded in Doc=eni Numb-*2017045283 (Od?RW.C.TX),and being a southeast comer of said 0.14 acro tract,- THENCE, with the common boundary line of said remainder of 5534 acre tract and said 0.07 acre tract,S21120'567E,a disLance of 30.40 feet to a point,being the southwestem corner of said 0.07 acre tract, also belay in the northm=boundary line of tlxt ce<tain ruder of 104.6 Ecre tract comnyed to lvficbtel and Nancy Ohlendorf in Document Numb= 2011085212 (O.P.R..W.C.M), THENCE, with the common boundary line of said remainder of 5534 acre tract and said retnain3ar of 104.6 a.•-t tract, S68°33'00"W, a distan►•of 2746.45 feet to a�'/s"iron rad found, bcrzig the souibvm5uan comer of&-ld mmiinder of 5534 acre tract,also being-the nonlwmstern 4833-5204-7000v. 3 comer of said remainder of 104.6 ave tract, and also bcrng in the eastern right-of-*%my line of said County,Road 110, THENCE, v4th the common boundary line of said remainder of 5534 acre tile, and said County,Road 110,N-2116134"W,a distance of 30.00 fee,to the POINT OF BEGINNING and containing 1.939 acres of land. TRACT 1—53.237 ACRES TRACT 2—1.939 ACRES TO'T'AL—55.176 ACRES TRACT 13-TI BEING ALL OF THAT CERTAIN 104.256 ACRE TRACT OF LAPID OUT OF AND PART OF THE HENRY I MMA.ARD SURVEY, AMRACT NC7MBER 457,SMATED IN WnA L4MSON COUNTY,TEXAS,BEING MORE PARTICULARY DESCRIBED AS BEING A PORTION OF TRACT B: TRACT 11, THAT CERTAIN REMAINDER OF 104.6 ACRE TRACT OT LAND CONVEYED TO MICHAEL AND NANCY OHLENDORF RECORDED IN DOCUWNT NUMBER 2011085212, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUIN'TY, TEAS (0.P-2.W.C-TX.), SAID 104.256 ACRE TRACT OF LA_IID, BRING MORE FULLY DESCRIBED BY METES Arm BOUNDS AS FOLLOWS: BEG11NNING, at a %," :ion rod found for the noemwestem comer of said remainder of 104.6 acre tract„ also being the soutbwtstem corner of 034 certain remainder of 5534 acre tract of land conveyed to Lone Mountain Properties, LLC, and also being in the eastern right-of-vray line,and also being the nortirwes-trm corner Grid the POM'r OF 13EGL?dNIItiG for the herein described'rase, THENCE,with the common boundary line of said remainder of 104.6 acre tract,said rerneinder of 55.34 acre tract,the certain 0.07 acre tract(Tract II)of land conveyed to Keary D avelorxncm-4 LTD. iL Docrmeat Numb,— 2017045283 (O.PRW.C.TX.), 2x68034'04"E, and that certain remainder of 55.34 acres of land conveyed to Lone Mounizin Properties, LLC. iu Document Naber 2009005145(O.PRW-C.TX.), a distance of 4957.79 fee,to it W iron rod found,being the no-theasterr:comer of said remainder of 104.6 acre trate also being the sou heastem comer of said remainder of 5534 acre tract and else being in flat western b*undwy lint of tbat certain 75.00 acre tract of lemd conveyed to 'Vete-azls Ladd Board in Volume 781, Page 247, Deed Records,WiWamson County,Texas, THENCE, with the cc�nmon boundary line of said 104.6 acre t--act and said 75.00 ane tract, S2112617E,a distance of 913.49 feet to a r/z"iron rod found,being the southeastern comer of 4833-5204-7000v.3 the hczein 8escaiibcd tract,also b4cng the northeastern comer of that certain rernzinder of 195.96 am tract of land conveyed to Stephen Pritchard Trust and Nancy K-'P. Ohlendorf Famrly Trust in Volume 1980,Page 972 Deed Records.,'Malliamson County,Texas, THENCE, with the common boundary 1rnc of said resnninder of 104.6 a= fact rad std r=aindt*of 196.96 acre trsc' S68°30'29"Ca,a distance of 4957.11 fcc;to a'A'uon rod found, being the southwestem coma of said r=&!nder of 104.6 acre tract,also being the norL`mTst= comer of said remainder of 196.96 acre tract, and also bei in the eastern right-of•way line of said County Road 110, THENCE, with the common boundary line of said remaindex of 104.6 acre tract end said County Road 110,the following two(2)courses and distances,nurnberrd 1 and 2, 1. N21129'OTV,a distance of 909.64 feetto a rod found,and 2. N21'16'347�1, a distance of 9.02 feet to the POINT OF BEGINNING and containin 104 256 acres oflamd_ TRACT B-M BEING ALL OF THAT CERTAIN 132.423 ACRE TRACT OF LAND OUT OF AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUM ER 452, SITUATED IN WMLIAMSON COUNTY,TEXAS,BEING MORE PARTICULARY DL-SCRIBED AS BSG ALL OF TRACT P: TRACT D:, THAT CERTAIN ML&MN ER OF 1-96.96 ACRE TRACT OF LAND CONNMYED TO STEPHEN PRITCHARD TRUST AND NANCY KP. OHLENDORF FAMILY TRUST RECORDED IN VOLUME 1980,PAGE 971, DEED RECORDS OF Wl1,LL4-MSON COUNTY, TEXAS (O-PaW.C.TX.), SAID 132.423 ACRE TRACT OF LAND, BEING MORE FULLY DESCRIBED BY R'IETES AND BOUNTS AS FOLLOWS: BEGINNING, at a'/T is9n rod found for the nortbwestcrn corner of said remainder of 196.96 ace tract,also beide;the southwestern comer of that entero remainder of 104.6 acte tract of land coaveycd to Nf chael ar d Nancy Ohleadorf recorded in Documm-, Mrraber 2011085212 (O.PYLN. '.CTX-�and also being in the entesn riti'rt-of-way line of County Roan 110 (R-O.W. varies},and the POINT OF BEGIN'N7 NG for the herein described tract, THENCE, with the comrnon boundary line of said remainder of 196.96 acre L-act and said rernaind6 of 104.6 acre tract,1-168630'29'P,a distance of 4957.11 feet to a 16" iron rod found, being the zortheastcm comer of said 196.96 acre tract,also bcias3 the sow comer of slid remainder of 104.6 acre tract,and also bemg in the eastern boundary line of that certain 75.00 zero tract of land conveyed to the Veterens Land 13o2rd in Volume 781,Page 247,Deed Records, Williamson County,Tis, THENCE,with the common boundary line of said remainder of 196.96 acre tract end said 75.00 acre tract, S21'30'03"F a distance of 1332.40 feet to a poi it,being the southeastem corner of said remainder of 196.96 acre t-act,also being the no theastem corner of thzt certain 72.099 acre 4833-5204-7000v. 3 tract of land conveyed to Eleanor,Jacob, and Dorothea Olson in Volume 595,Page 131,Dead Records, Williamson County, Texas, and also being the southeastern comer of the herein described tract, THENCE, with the common boundary line of said remainder of 196.96 acre tract and said 72.099 acre tract, S68030'08"W, a distance of 125261 feet to a '/," iron rod found, being an angle point in the southern bomdary line of said remainder of 196.96 acre tract,also being the northwest comer of said 72.099 acre tract, and also being the noflmsst comer of 6z detain 2231 acre tract of land conveyed to SEDC Davao Inc. recorded in Documcni Number 2015089805(OTRW.C.TX.), IMNCE,veA the common boundary lime of said-remainder of 196.96 acre trrc t and said 2231 acre tract,the following two(2)courses and distances,numbered 1 and 2, 1. S 12°52'51"W,a distance of 17.02 feet to a'h"iron rod found,and 2 S68123105"W, a distance of 1224.09 fett.to a tapped iron rod found, being the northwest comer of said 2?.al acre tract, also being an interior comer on the south lint of said remainder of 196.96 acre tracts T13ENCE, with the common boundary comer of said remainder of 196.96 acre tract and s?id 2231 acre tract,821°37'15'E,a distance of 77654 feet to a.'/=iron rod found,being a southeast comer of said reauainder of 196.96 acre tart,also beim the southwest carver of said 22-51 acre tract ana alto being the nortnst come;of tb,e remainder of that crag 34.74 azit tract of land conveyed to SEDC Devno Inc. recorded it Document Number 2015089800 (OYIRL .=), rind also being the northeastem comer of that certain 100 acre tract conveyed to Fred Liardon in Volume 131,Page 131,(DRW.CTX), THENCE,with a south line of said remainder of 196.96 acre tract and the north line of said 100 acre tract, S68°37'33"W,a distance of 2472.34 feet to a%"iron rod found,being the southwest corner of said remainder of 19696 acre,U74 aho being the northwest corner of said remainder of 34.74 acne trail,also bei in the north boundary line of said 100 acre tract,and also being in the east right-of-wvay line of s6d County Road.110, from wb icb a�T iron rod found for the southwest corner of said remainder of 34.74 acre tract btars S21020'42"R,a distance of 616.07 felet THENCE, vrith the common boundery line of said remainder of 196.96 acre tract and said County Road 110,N21°30'28"W, a distance of 746.93 feet to a point, bedrrg the southwestern corner of that certain 64.508 acre tract of land conveyed to Creel`Bend Holdings, IAC. in Document Number 2009047398(OpRW.C.IM), THENOZ,, with the common boundary dine of said remainder of 196.96 acre tract and said 64508 acre tract,the following seven.(7)courses and distances,numbered 1 through 7, 1. N6633'1 9F,z distance of247339 fees to a'h"iron rod fa=d, 2. NMO04'24"VT,a distance of 1099.73 feet to a1,4-"iron rod found, 3. S68°02'31"W,a distance of 1429.27 feet to a YT iron rod fond, 4833-5204-7000v. 3 4. NO2°42'11-V,a distance of 175E feet to P-'hr iron rod found, S. S 81°24'19"W,a dist n of 32997 fret to a VT iron rod found, 6. S09°35'20"F,a distance of 95.12 feet to a poh3d,and 7. S68°00'19"W,passing as 695.93 fxt a W iron rod found and for a total distance of 69623 feet to a point,being the narthwestem corner of said 64528 a=tract, also being an Werior comer in the westcm boundary line of said remainder of 19696 acro Uract,and also being in the m5te m tight-f--wry line of said Couniy,Road 110, TAEKCT, with fie common bomulmy line of said remainder of 196.96 acro tract tad said Covaity Road 110,N21129'007T,a distance of 210.29 foot to the POINT OF BEGEQTMG sud mataiming 132.423 acres of land. I 4833-5204-7000v. 3