Contract - VPDF Sauls Ranch LLC and Milestone Community Builders, LLC - 3/14/2024 MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF ROUND ROCK,
TEXASAND
SAULS RANCH EAST OWNERS
J4This M ICIPAL ERVICES AGREEMENT(the"Agreement") is entered into on the
day of CIA ,2024, by and between the City of Round Rock, Texas,
a home-rule municipality of the State of Texas (the"City"),and VPDF Sauls Ranch LLC, a
Delaware limited liability company, DFH Coventry LLC,a Florida limited liability company,
and Milestone Community Builders LLC, a Teas limited liability company (the"Owners").
RECITALS
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered this Agreement.
WHEREAS, Section 43.0671 of the Texas Local Government Code permits a
municipality to annex an area if each of the owners of the land in an area request the annexation;
and
WHEREAS, when a municipality elects to annex such an area, the municipality is
required to enter into a written agreement with the property owners that sets forth services to be
provided by the municipality for the properties in the affected area; and
WHEREAS, the Owners own certain parcels of land situated in Williamson County,
Texas, which consists of approximately 42.538 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit "A,"
attached hereto and incorporated herein by reference(the"Property" or the "Area"); and
WHEREAS, the Owners have entered into that certain Development Agreement with
the City,dated effective as of October 13,2022,pursuant to Section 212.172 of the Texas Local
Government Code,which addresses annexation of the Property; and
WHEREAS,the Owners have filed a written request with the City for annexation of the
Property pursuant to Section 43.0671,identified as the"Sauls Ranch East Part One Annexation"
(the"Annexation"); and
WHEREAS,the City and Owners desire to set forth the City services to be provided for
the Property on or after the effective date of the Annexation pursuant to Section 43.0672; and
WHEREAS, the Annexation and execution of this Agreement are subject to approval
by the governing body of the City.
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,the City and the Owners agree as follows:
1. PROPERTY.This Agreement is only applicable to the Property,which is the subject of
the Annexation.
2. INTENT. It is the intent of the City that this Agreement provide the delivery of full,
available municipal services to the Property as described herein,in accordance with State
law, which may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of the annexation, the City will provide the
municipal services set forth below. For the purposes of this Agreement, the term
"providing services" includes having services provided by any method or means by
which the City may extend municipal services to any other area of the City,including
the City's infrastructure extension policies and the developer or Owner's
participation, in accordance with applicable State law and City ordinances, rules,
regulations and policies.
i. Fire and Police Services. The City will provide these services to the Area.
ii. Planning, Zoning. Building and Code Enforcement. The City will provide
comprehensive planning, land development, land use, and building review,
inspection services and code enforcement in accordance with all applicable laws,
ordinances,rules,regulations and policies.
iii. Water and Wastewater. Existing, occupied homes that are using water-well and
on-site sewer facilities on the effective date of annexation may continue to use
the same. If, and when, the Property is developed, platted, or the current use(s)
of the Property changes in the future, landowners shall be required to fund and
construct necessary water and wastewater capital improvements to serve the
annexed Property in accordance with applicable State law and the City's
ordinances,rules,regulations and policies.
iv. Solid Waste Service. Within its corporate boundaries, the City currently
contracts with Central Texas Refuse(dba"CTR")for residential collection only.
Any commercial development in the Area shall contract individually for solid
waste collection services.
B. It is understood and agreed that the City is not required to provide any service that
is not explicitly included in this Agreement.
4. AUTHORITY. The City and the Owners represent that they have full power authority
and legal right to execute, deliver and perform their obligations pursuant to this
Agreement. The Owners acknowledge that approval of the Annexation is within the sole
jurisdiction of the City's governing body. Nothing in this Agreement guarantees
favorable decisions by the City's governing body.
5. SEVERABILITY. If any part,term,or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part,term or provision, and the
rights of the parties will be construed as if the part, term, or provision was never a part
of the Agreement.
6. INTERPRETATION. The parties to this Agreement covenant and agree that in any
litigation relating to this Agreement,the terms and conditions of this Agreement will be
interpreted in accordance with the laws of the State of Texas.
7. GOVERNING LAW AND VENUE. This Agreement shall be enforceable in Round
Rock, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same
shall lie in Williamson County, Texas. This Agreement shall be governed by and
construed in accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers or immunities.
9. WAIVER. The failure of either party to insist on the performance of any term of
provision of this Agreement or to exercise any right granted hereunder shall not
constitute a waiver of that parry's right to insist upon appropriate performance or to assert
any such right on any future occasion.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
11. CAPTIONS. The captions to the various clauses of this Agreement are for information
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
12. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE PROPERTY.
This Agreement is binding on and inures to the benefit of the parties,their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
compromising the Property and is binding on the Owners.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties and supersedes all prior oral and written agreements between said parties.
This Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date
of the annexation of the Property.
CITY OF ROUND ROCK,TEXAS
By: �� m f
Craig korgan, yor
Date:
Attest: IN
By:
Meagan S s, City Jerk
For City,Approved as to Form:
By:
�tepphakeSan�dre, ity Attorney
OWNERS:
VPDF SAULS RANCH LLC
a Delaware limited liability company
By:VP Finders 2 Holdings LLC
a Delaware limited liability company
its Sole Member
By: Varde Partners, Inc.
a Delaware corporation
its Manager
By:
Name: Anders Gode
Title: Managing Director
DFH COVENTRY LLC
a Florida limited liability company
B l
Y•
Name: A� Y �v���.cl/y.!t �,
Title:
MILESTONE COMMUNITY BUILDERS LLC
a Texas limited liability company
By:
Name: S4-eve, UwLe,2
Title: (J►�e Pv6'dA't
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Exhibit "A"
6.721 ACRES o
LINE TABLE CURVE TABLE / JEFFREY R. GILL
DOC. NO. 2019MB79 U
L1 45'3 45 107.4 1 1 37 29 f 075.00 199.35 N59'10 28 199.06 99.96 / O G a w 1
L2 S44'09 13 E 5.00 C2 2'17 10 1055.00 42.49 N4659 22 42.49 21.25 5.985 ACRES - O^b 1
L3 578'1253E 221.4 4.31 10 1070.0Q 84.40 N43'35 12 E 64.38 42. JORGE L GONZALEZ
L4 569'12 ZB E 178.17 DOC. N0. 2006030815 Z O k N
L5 N76'48 02 E 752.59
LB NB3'28 17 E 115.69 N �� LIS
L7 N60'53 17 E 35.46 L3 Z) i�
N66'5216 62. L4 9 U) , Q
L9 N62'46 02 E 236.27 m ¢z
10 N79'36 32 E 13.25 4
L11 NOW 1618 65.62 W E
52 S69'S6 30 65.62 30 p
L13 S84'0918 65.62 46 V�
L14 S78'27 41 83.81 O LL
L15 S75'25 11 61.17 ^/-- BLOCK 'E' L13 12 L11 Q Z 0
16 S76 09 36 58.00 S 6i� \ I 15 Lt O ¢Z
L17 S13'50 24 E 175.00 t'R t9 20 1 0 Z F W 1Y
L18 S76'09 36 14.42 IB 21 45 47 48 49 50 W W U) 0 1n
119 S13'50 24 E 125.00 �� / \\ �--�- I
L20 N76'O9 36 E 6.a5 SCALE: 1 =300 / 7 �r /^ 22 / l 411 42 =�1 1J-'-1 �I�( � Qx� o�LLI
L22 S76'09 36 E 74.99 18� y23 `/ �/ Ltg /� U)UJ Z Z M}
l23 S13'50 24 E 240.90 / 1 ( I I QO 1 - co~
L24 S40'1522 24 . 2 15 2� S9 n 4 8 9/10 1 J a 0
C/25 42.5W AC. PORTIONI �� 1 , \6 17 I LL Z O�0
\� 3 SAULS RANCH CAST �` Z)=U Q
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vl SURVEYOR'S CERTIFICATE:
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21. DOES NOT REFLECT THE RESULTS OF AN ON THE w df
\ 35
\ �OSEEKSCTION SUBDIVISION GROUND SURVEY, AND IS NDT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT Z W
THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THEVOL H. PC 246
L� 2
33 BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH ITWAS PREPARED. <r N
Exhibit "A"
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Accurale by Design
MILESTONE COMMUNITY BUILDERS
42.538 ACRES
SAULS RANCH EAST
DESCRIPTION OF 42.538 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY,TEXAS,BEING
A PORTION OF SAULS RANCH EAST,A SUBDIVISION OF RECORD IN DOCUMENT NO.
2023066851,OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS;SAID 42.538 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point in the southeasterly line of Creek Bend Boulevard(R.O.W.varies)for the
most westerly corner of said Sauls Ranch East,and the herein described tract;
THENCE with the northwesterly and northerly lines of said Sauls Ranch East,the following fifteen(15)
courses:
1. Along said curve to the left having a radius of 1075.00 feet,an arc length of 199.35 feet,and a chord
which bears N59°10'28"E,a distance of 199.06 feet to a calculated point at the end of said curve;
2. N45°39'45"E,a distance of 107.42 feet to a calculated point of curvature of a curve to the left;
3. Along said curve to the left having a radius of 1065.00 feet,an arc length of 42.49 feet,and a chord
which bears N46059'22"E,a distance of 42.49 feet to a calculated point at the end of said curve;
4. N45°50'47"E,a distance of 1010.10 feet to a calculated point;
5. S44°09'13"E,a distance of 5.00 feet to a calculated point;
6. N45°50'47"E,a distance of 431.04 feet to the point of curvature of a curve to the left;
7. Along said curve to the left having a radius of 1070.00 feet,an arc length of 84.40 feet,and a chord
which bears N43°35'12"E,a distance of 84.38 feet to a calculated point at the end of said curve;
8. S78°12'53"E,a distance of 221.47 feet to a calculated point;
9. S89°12'28"E,a distance of 178.17 feet to a calculated point;
10. N76048'02"E,a distance of 252.59 feet to a calculated point;
11. N83-28'17"E,a distance of 115.69 feet to a calculated point;
12. N60°53'17"E,a distance of 35.46 feet to a calculated point;
13. N66°52'16"E,a distance of 62.48 feet to a calculated point;
14. N62°46'02"E,a distance of 236.27 feet to a calculated point;
15. N79°36'32"E,a distance of 13.25 feet to a calculated point;
THENCE over and across said Sauls Ranch East,the following fourteen(14)courses:
1. S02°l 7'26"W,a distance of 431.13 feet to a calculated point;
1805 Ouida Dr.,Austin, Texas 78728 • Firm# 10032000
Phone(512)267-7430 • Fax(512)836-8385
Page 1 of 2
Exhibit"A"
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2. N84°16'18"W,a distance of 65.62 feet to a calculated point;
3. S89156'30"W,a distance of 65.62 feet to a calculated point;
4. S84°09'18"W,a distance of 65.62 feet to a calculated point;
5. S78°27'41"W,a distance of 83.81 feet to a calculated point;
6. S75°25'11"W,a distance of 61.17 feet to a calculated point;
7. S76°09'36"W,a distance of 58.00 feet to a calculated point;
8. S13°50'24"E,a distance of 175.00 feet to a calculated point;
9. S76°09'36"W,a distance of 14.42 feet to a calculated point;
10. SI3°50'24"E,a distance of 125.00 feet to a calculated point;
11. N76009'36"E,a distance of 6.85 feet to a calculated point;
12. S 13°50'24"E,a distance of 53.00 feet to a calculated point;
13. S76°09'36"W,a distance of 74.99 feet to a calculated point;
14. S13050'24"E,a distance of 240.90 feet to a calculated point in the southerly line of said Sauls Ranch
East;
THENCE with the southerly line of said Sauls Ranch East,the following three(3)courses:
1. S76°13'09"W,a distance of 753.36 feet to a calculated point;
2. S40°15'22"W,a distance of 246.63 feet to a calculated point;
3. S68°28'39"W,a distance of 1126.97 feet to a calculated point in the westerly or southwest line of
said Sauls Ranch East;
THENCE N20025'12"W,with the westerly or southwest line of said Sauls Ranch East,a distance of 439.25
feet to the POINT OF BEGINNING,having an area of 42.538 ACRES of land,more or less.
�E0FTF
s
Phillip L.McLaughlin 01-15-2024 ......PHILUP L MCLAUGHLIN
Registered Professional Land Surveyor ...................................
State of Texas No.5300
9 ' Ss`O�.�Q
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21,DOES NOT REFLECT THE �� •SU R,4
RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE USED TO CONVEY OR
ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS
IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
G&R SURVEYING PROJECT NO.23157 ATTACHMENTS:23241 GR-ANNEX-EX
1805 Ouida Dr.,Austin, Texas 78728 • Firm# 10032000
Phone(512)267-7430 9 Fax(512)836-8385
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