Loading...
O-2024-060 - 3/14/2024 ORDINANCE NO. 0-2024-060 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 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 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas (the "City") is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and WHEREAS, the City desires to annex approximately 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 of the Official Public Records of Williamson County, Texas, more fully described and depicted in Exhibit "A," attached hereto and incorporated herein for all purposes (collectively the `Property"); and WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section 43.003, a home-rule municipality may extend to the boundaries of the municipality and annex area adjacent to the municipality; and WHEREAS, Texas Local Government Code, Chapter 43, Subchapter C-3, authorizes municipalities to annex an area on the request of all property owners in an area; and 01 12.20242;4885-8388-9578 WHEREAS, the City has received a petition for annexation from all property owners for the 42.538 acre tract further described in Exhibit "A;" and WHEREAS, the petitions for annexation are attached as Exhibit "B" hereto and incorporated herein for all purposes; and WHEREAS, in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0672, the City has negotiated and entered into a written agreement dated March 14, 2024, with the owners of the Property regarding the provision of services to the Property upon annexation, of which a copy of the applicable service plan and schedule is attached hereto and incorporated herein for all purposes as Exhibit "C;" and WHEREAS, the City Council provided public notice and held a public hearing on March 14, 2024, for all interested persons to attend and be heard in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0673; and WHEREAS, the City has complied with all requirements established under the Texas Local Government Code necessary to take this action annexing the Property, WHEREAS, the City Council hereby considers it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. 2 Ill. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. 3 VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance 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. 4 Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of malck -, 2024. Alternative 2. READ and APPROVED on first reading this the day of , 2024. READ, APPROVED and ADOPTED on second reading this the day of ) 2024. M/ CRAIG K#3RGZk, Mayor City of Round Texas ATTEST: *JC • EAGANS(n4 S, 5 Exhibit "A" Property Description 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 of the Official Public Records of Williamson County, Texas [See attached map.] EXHIBIT \ 6.721 ACRES LINE TABLE CURVE TABLE "A" / JEFFREY R. GILL LINE B IN DISTANCE N D A RADIUS ARC !CHORDBEARING CHORD LENGTH AN DOC. No. 201909987 U N M L1 N45'39 45 E 107.42 C1 10'37 29 1075.00 199.35 N59'10 28 E 199.06 99.96 / L10 L cp 1 ro 7 ' 5.985 ACRES ES oL2 S44'09 13 E 5.00 10 1065.00 42.49 N46.59 22 E 42.49 21.25 L �Q v��Ntv hL3S7 '81253 E 221.47 C3 4'31 10 1070.00 84.40 N43'35 12 E 84.3 DOC. N0. 2006030815 O'I( co 58 8E 178.17 252.59 N 48 02 E >L5 '6 15.69 N L N8 '32817 E L j � L7 N60'53 17 E 35.46 K �1348 L8 N6652 16 E 62. I o e L9 N62'46 02 E 236.27 Q L10 N79'36 32 E 13.25 L11 N84'1618 65.62 W 9' 65.62 6 3 0L12 58409 6562 ae En L13 S8 O LL L14 S78'27 41 83.81 L17 5 . / � k -Ii FL15 S75'251 1 61. 77 BLOCK "E" 14 L13 L12 L11 <ZQL16 S76'09 36 58.00 S 16L15 Z p 13024E 7500 p Z H W Of 1 45 50 H m Q j L18 576'0936 y 4 48 a O20 E125Oo 344 51 L 42 ¢ WU 1 20 N '60936 E 6.85 SCALE: 1 =300 17 2z 41 0 X L21 S13'50 24 E 53. 00 / 40 I \ U 0 U ~ 02 S76'09-36W 74.99 16� 23 v L18 f l� 0 w Z Z co z L23 S13'S0 24 E 240.90 t 39 5 ` e I z � 0 co Z L24 S40.15 22 246.63 / 15� 24A a \ \ 6 I I ' 9 10 It � X 0 0 2 25 42.538 AC. PORTION 3- '1 r iO 7 L� Z p O U 3 DOA RANCH EAST �' p U Q 14 y�26 DOA. N0. 2023066851 /37 \_ G 0 W U 0 5 2i,y- 34\ 35\36 \ o �.Z BLOCK "D" C L) 0 O z O Q F. k i\1 c� 28 32 33 /) y Q (n O / GE` 25/ ry 0 \31 \ m - in 24� "yP / 't0�m�2� 1�\ yam( o\ L. 1 �' � a Ln co C) (o 18 23 or i� 9�\J / `,19 \20 C \ 8 aOnN BLOCK "C" \� g \ / `��16 17\\8 1 \ o \/��OG 6 U7 N \ 21` \ 1`/ JJ" j,NE i 14 t 5 1 677„�� 2 3 4� 19 120` \YJ GPRp1NA N i 12 13 ` \ 0 �53.3 1 \ / 15 16 `i� y \Q 3 \ \ ��613 23 2� 1� 13 14 10 11 t� �0G 20 21 `22 o 12 \ \/ 8 9 \ v 1 8 19 \ y y'. 1\0'\ \� a17 \y \ 15 16 \Y_\/ N ORNE / y 1 q \ F�CO Z m I .tl i N 9 \\5 BLOCK "B•' c c) z o PoB� G/ 2 3 12 1\ n� Z \ 1 \.\ �I N vi Y a a I > ,�VE L11_ 1 y <\ OAKCREEK SUBDIVISION ~ F n 7 9 C R10 CO 1`0 SECTION ONE Z a z m Lev i yNQ , 12 1 / 9\ /�/ / \'` VOL H. PG 21 B 0`" F z w \ N� 5 �811\17`16\15\1P 13 i 2 8 UD a o t a �< \ 9 �//p 49 g GK 112�'11 ��Q� 3 / \ 7 Q oi 5 5 7 LEGEND o Z co ��'� 39 5,0, / /S�PR \ \ `�//j CALCULATED POINT �6 w -38///\ 22 C RTJ/^ 18\ \ \ A \ 6-37/�\'22// yp \ \A 36 SURVEYOR'S CERTIFICATE: �1 T 35 THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE W Lj \ \ \\ �3 \\ OAKCREEKOL SECTION SUBDIVISION GROUND SURVEY, AND E NOT IMPLIED BE USED ST CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT a i W THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. U) 33 ¢00 Exhibit "B" Annexation Petitions EXHIBIT „B„ 01 ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas,the following described territory,to-wit: 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 of the Official Public Records of Williamson County,Texas And being more particularly described in Exhibit"A," attached hereto and made a part hereof for all purposes. We hereby certify,under oath,that: (1) VPDF Sauls Ranch LLC, DFH Coventry LLC, and Milestone Community Builders LLC are the true and only owners of the above-described tract of land, and (2) The above-described tract of land, as described in Exhibit "A," is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. 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 STATE OF MINNESOTA § COUNTY OF WRIGHT § This instrument was acknowledged before me on this the 21S'r day of the month of Feb , 2024, by Acjec::�5.�_ (Name), - .c, � (Title) of ARDE PARTNERS, INC., a Delaware corporation, the Manager f VIP Finders 2 Holdings LLC, a Deleware limited liability company, the Sole Member of VPDF Sauls Ranch, LLC, a Delaware limited liability company, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein qpfes s d. Signature !Ee�,1�., Av-oz &o,r ne c- Printed Njne Notary Public, State of�"1 i I is•cs}k ""'Y MARIE KRAMAR Notary Public-Minnesota My Canmwj..'Expires Jan.31.2026 DFH COVENTRY LLC a Florida limited liability company By: �. Name: ��` '✓a cC i�-�y �� Title: IJ��is r,�• ��s�G�¢c�� STATE OF S § COUNTY OF S § This instrument was ck owledged before me on this the atatday of the month of 2024,by S (Name), �1-4 SlOh �eSi 'f" (Title)of DFH COVENTRY LC, a Florida limited liability company, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. ""ram..., SHERYL DENISE MADDOX NVY\ff J* �.�05•...�6 L Notary Public,state of Texas Si na re 4? Comm ,•A,,,,,,,�� 42025Expires OB 0 Notary ID 133251283 Sheyu I Maddox Printed NaWe Notary Public, State of Tea S MILESTONE COMMUNITY BUILDERS LLC a Texas limited liability company By: Name: <6t" W44 Title: STATE OF'Te)eAS § COUNTY OF qrs�,«5 § This instrument was acknowledged before me on this the I s, day of the month of jMArC 2024,by,51teyt Wal1t yW (Name), Vitt qrviAk = (Title)of MILESTONE COMMUNITY BUILDERS LLC,a Texas limited liability company,known by me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. ✓+ AT�Z Signature *pv ooe JASON HERNANDEZ 'a L Notary ID#1 3 2641 364 Printed Name My Commission Expires August 25,2024 Notary Public,State of!1C V'k S Subject Tract .. l IMR awl RM summit PIP roll WE MM 1/� . � � � ��� I /►� � ♦ �i .. •`��►���� sir Exhibit "A" \6.721 ACRES LINE TABLE CURVE TABLE / JEFFREY R. GILL AN DOC. NO. 201909987_ U n-W M Lt N4539 45 E 107.42 C1 1 0'37 29 1075.DO 199.35 N59'10 28 E 199.08 99.96 / O L L2 544'0913 E 5.00 C2 2"17 10 1055.00 42.49 N46'59 22 E 42.49 21.25 5.985 ACRES Onr. I JORGE L GONZALEZ n L3 578'12 53 E 221.47 C3 4'31 10 1070.00 84.40 N43'35 12 E 84.38 42.22 L4 S89'12 28 E t 78.17 / DOC. N0. 2006030815 O k Nam_ LS N76'48 02 E 252.59 L8 N83"28 17 E t 15.69 N L7 N60'53 17 E 35.46 LB N6652 16 E 62.48 L4 oo` L9 N62'46 02 E 236. 77 L10 N79'36 32 E 13.25 :r L11 N84'1618 65. 22 W E L12 S89'56 30 65. 22 / �j\ 30 L13 SB4'09 18 65.62 M 46 O LL L14 S7W27 41 83.81 1 L15 S7525 11 61.17 1</�- BLOCK "E' L13 L12 L11 Q Z 0 L16 S76'09 36 58.00 S ktj�j\ 19 I� 1 15 Lt CD Q Z 0 L17 S13'50 24 E 175.00 20 O ? I- W w L18 S76'09 36 14.42 (? 18 ! 21 y 45 47 48 49 50 W W fn O Q� L19 S13S0-2 4 E 125.00 �� / I�(/ 43 4+ I I I m q U X LZO N76'09 36 E 6.85 SCALE: 1 =300' / 17 -� \i 22 / 41 42 \ J- L U) = O Of LL�7 L21 513.5 224 E 53.D0 ^` 40 y QX U L22 S76'09 36 74.99 16� 23 ` \/ L�8 /� z W Z Z J L23 S13.50 24 E 240.90 / 1 24 39 1 5� 8 / y / Z ~ co Z p L24 S40'15 22 246.63 / 2 3 15� 25 44.d3s F i� r 4 L2Q \e 17 I ' 10 Q u1 0 o V) O 0 SAULS RANCH EAST 1 O�Q W¢Z 14 26 pOC. N0. 2023066851 37 Y +N O to p_U O p• 1 rL / 1 2 + / U u-LL LL !A ��O \Q\ / 13�,1 1/L� 1 36 `) 2 �Z O O W 2 / 1F' r/fig 5 12�y 26'1 n�32 �1/ BLOCK "D' < U) 4� gOb \_ _t � ��1 70,1 �j 3, ' 1 1 L� ` 1 cU) C) LD O�J 16 23 � i / / 20 C V g � � W ca / BLOCK•'C' 1� 17 1 18 19 8 7 O ,9 20 21� �i - , ,Tn�51.NIIs'S•S6� 1 t 2� ` 15y1i'� U1" 12 14 15 �9 1 3 L1 13 p9 0 23 2` 4 1 l��1� J- J m B 10 " 16 L119 20 21 i\0 , ' �5 18 171� k 74\15 t6 1 �7_`� �Y__ N G, 9 y{/ 5 B 1 � \ BLOCK "B" 13\� (l/� ' ��� 1 1 \ 1�- � vi \ 2 ` /poe- /1 12 y \ \ ' N `���// ty_ OAKCREEK SUBDIVISION U rz 7 9 In Co / 10 SECTION ONE 2 a z m ~ 12 1 / I 9 / VOL H. PO 218 5 � J �18/ 17116115114 13 ^8\/ 19 ` cK"P t1269� � �� 7 3q K j 1 3 q N 2 20 �664 03 N 1- £'IF n/ / 6,5"G� t7 t6 \C\ \y / ' mzGEM Do�y_\ � r�os�N cl� C \ a / o CALCULATED POINT z W X OWL\ � 38 1 � 22/COURT/ 18\ 23 W � // 37 /\/ 21 O \ 36 \��j// 24 SURVEYOR'S CERTIFICATE: o \ \ THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21. DOES NOT REFLECT THE RESULTS OF AN ON THE ,;,a \ 35� pgKCREEK SUBOMsipu GROUND SURVEI, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT c> W VOL�PO Za6 N TWO THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE ¢? _ 33 BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. V) Q m Exhibit "A" • SINIVEYM16t LLC� QD'Amrsle by Desgno 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: I. 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 N46°59'22"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. N76°48'02"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°l7'26"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 Pagel of 2 Exhibit"A" • 'AWmeE�t �. 2. N84°16'18"W,a distance of 65.62 feet to a calculated point; 3. S89°56'30"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. S13°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. S 13050'24"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'l2"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 G Phillip L.McLaughlin 01-15-2024 PHILLIP L.-MCLAUGHLIN Registered Professional Land Surveyor ................................... State of Texas No.5300 ...0 5300��t-: 9 !ASS\o.••'o THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21,DOES NOT REFLECT THE �� .S U 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 Page 2 of 2 Exhibit "C" Services Agreement EXHIBIT MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXASAND SAULS RANCH EAST OWNERS This MUNICIPAL ERVICES AGREEMENT(the"Agreement") is entered into on the day of W i ,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?-2024- 059 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: Craig organ, yor Date: Attest: By: Meagan S s, City Jerk For City,Approved as to Form: By: �tepha�nieSandre, 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� � '/o VAcli.. Title: MILESTONE COMMUNITY BUILDERS LLC a Texas limited liability company By: Name: ,S--eve, ul- lLe,2 Title: Pys' i �� //�j�, ram, � :;�': ! �� I���� �� �' ��,��� �♦�: � Exhibit "A" ES LINE TABLE CURVE TABLE FFRE R. GI o JEFFREY R. GILL LINE BEAR DOC. NO. 201909987, U N � L1 N45'39 45 E 107.42 Cl 10 37 29 1075.D0 199.35 N59'16 28 199.06 99.96 / O G Jam L2 S44'09 13 E 5.0D C2 2-17 10 1065.00 42.49 N41759 22 E 42.49 21.25 5.985 ACRES I L3 578 12 53 E 221.47 C3 4'31 10 1070.00 84.40 N43'35 12 E 84.38 42.22 ,; JORGE L GONZALEZ e ut N L4 589'12 28 E 178.17 �- DOC. NO. 2006030515 Z j k N 00 -[SFN76'48 02 E 252. 99 i �¢ LB NB3'2B 17 E 115.69 IV L7 N60'S317 L 35.46 L3 L5 _ L6 N66'52 16 E 62.48 / G�� L4 w�Ok 79 N62'46 02 E 236. 77 I e 10 N79'36 32 E 13.25 / L11 N84'16-1 B 65.62 W F Da L12 S89'56 3O 65. 22 / y 30 L13 SB4'09 18 65.62 / �p as N O CI S76'27 41 83.81 L15 S75'25 11 61.17 M^�- BLOCK 'E" L13 L12 L11 Q Z O L16 S76'0936 58.00 S kyh� t9 �� / 16 L15 Lj4 O Q Z ❑ L17 513'50 24 E 175. 00 20 \ ❑ Z W X L18 S76'09 36 14.42 18 \ 21 �/ Dr 45 47 48 4s 50 W W 2 O L19 s13soza E 1zs.00 SCALE: 1 "=300' / U , ��"f`� / 4 1 42 l3 44 I L�� s, a m L)LU W L20 N7609-3 6 E 8.85 / i j�\22 at �1 �- 1 ❑ QQ� = O F- L22 576'09 36 E 74.99 / i6� �231 / \/ Lt8 /� Q UJ Z Z J 123 S13'50 24 E 240.90 t 39 / 8 - m Z L24 540'15 22 246.63 2152a� 4 1 7 9/10 g F- c-O C 3 25_42.538 A. PORnON F �1 6 I I 1L j D � Q U ' 143�5�26'DOC. N0. 2023066851 SAULS RANCH EAST 37 1 u LL LL LL �O rYa�i27� r W C) 5 �t2 `a 1 �331 36 1) O 2 BLOCK "C' < 0 O ZZ ZZ O Q k �5�` 6 �It,�Ig�2� �\3� ,/ Tl£1 1 � Q � O06 r� / 1 1 1� o co o �' cvJO > CD p 23 BLOCK "C' G 15 �7 t8 19 20 �6LOC C 6 7 8 ❑N 22 n 116 1 (n 19 2 1 � vI*L - ' 1121-) l 1 7 }6� 1 2 1�4 5 21 8 t4 15 161 17 1�- 1�� 3 �1 ,57R13Oy'W 22 2a 1 23 l� \ 12 t3 1 1 �1 �\1 8 70 L19�20 2t� l m \ y (\/4 , J lr 1 $ rat ZS 110'�1/ 6 \75 16 7\ \� 1O�RNt r^I K d / N 9 Y 6 BLOCK "8' v 13 14 /r 2 D 2 7 2\ n` 0 z N FOB 1 f N a m I > B t 1 1 1 P n-. V O O COS 111 OAKCREEK SUBDMSION N O m CORt z n SECTION ONE Z a z V 7 9 1\ / Z a l� 12 7 /�� g / \ VOL H, PG 278 O w J / / ` 5 18/ 171161151 14 1S O 2 y b a / a to a o ¢ a Nf o pZ 4 19 P 2g 97, 2 / CK wo 20 6g U3�On \/ / 6 yO � C C 3 p� / Z N f•- K i B 4 LEGEND o o m \ Coy �'Np`'�Zo 39�Q�% SZ/1 C i i \ \_4 / CALCULATED POINT 22 CO 18 F, w 38 i' am {/ \ �J � RT) \ 8 \ A \ 37 21 36/ `\ 2� t'�K SURVEYOR'S CERTIFICATE: 35 THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21• DOES NOT REFLECT THE RESULTS OF AN ON THE ILL) OAKCREEK SUBDIVISION GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT c> W \ 3a \ SECTION TWO THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE \ 33 \ VOL H, PG 2a6 BOUNDARY OF THE POLITICAL SUBDNISION FOR WHICH R WAS PREPARED. V Exhibit "A" QDIffaA. 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 N46°59'22"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 10 10.10 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. N79036'32"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. S020 17'26"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" • AcanareEYMllit LLC. 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°25'1 I"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. S13°50'24"E,a distance of 125.00 feet to a calculated point; 11. N76°09'36"E,a distance of 6.85 feet to a calculated point; 12. S13°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. S13°50'24"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. 1% 0 F TF / G Phillip L.McLaughlin 01-15-2024 ................. •• .•••••••••••••••.......:.... Registered Professional Land Surveyor . ...........•. MCIAUGHUN .................. State of Texas No.5300 �.�1 30 THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21,DOES NOT REFLECT THE �� •SU ft �{ 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 4 10032000 Phone(512)267-7430 9 Fax(512)836-8385 Page 2 of 2