R-01-05-24-12B2 - 5/24/2001RESOLUTION NO. R- 01- 05- 24 -12B2
WHEREAS, the City desires to convey an easement to TXU
Electric Company across a portion of Buck Egger Park, and
WHEREAS, said easement is to be utilized to relocate a
utility line in Buck Egger Park, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Easement and Right of Way to TXU Electric
Company, a copy of said Easement and Right of Way being attached
hereto and incorporated herein for all purposes.
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, and the Act.
RESOLVED this 24th day of May, 2001.
ATT ST: City of Round Rock, Texas
E
LAND, City Secretary
0,\ WPDOCS \RESOLUfI \R10524R3.NPD/Sc
.1
TXU Electric Company Easement
STATE OF TEXAS
COUNTY OF WILLIAMSON
EASEMENT AND RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS:
That City of Round Rock, hereinafter called "Grantor ", whether one or more, for and in
consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid
by TXU ELECTRIC COMPANY, a Texas Corporation, 1601 Bryan Street, Dallas, Texas 75201,
hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does
grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of-
way for overhead and /or underground electric supply and communications lines, consisting of a
variable number of wires and cables, supporting structures, surface mounted equipment, conduits
and all necessary or desirable appurtenances over, under, across and upon Grantor's land
described as follows:
SEE EXHIBIT "A" (ATTACHED)
District: Round Rock
WR #: 1328113E
E #:
Grantor recognizes that the general course of said lines, or the metes and bounds as
described above, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right -of -way and its general dimensions hereby granted shall apply to the actual
location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and right -of-
way and over and across Grantor's adjoining properties for the purpose of and with the right to
construct, maintain, operate, remove and reconstruct said lines; the right to relocate along the
same general direction of said lines; the right to relocate said lines in the same relative position
to any adjacent road if and as such is widened in the future; the right to lease wire space for the
purpose of permitting others to string or lay wire or cable along said lines; the right to prevent
excavation within the easement area; the right to prevent construction of any and all buildings,
structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere
with the efficiency, safety, and /or convenient operation of said lines and their appurtenances and
the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the
extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with
the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes
in grade, elevation or contour of the land within the easement area as described above without
prior written consent of Grantee.
Grantor reserves the right to use the and within the above described easement area for
purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the
sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted.
- TO HAVE AND TO HOLD the above described easement and right unto the said Grantee,
its successors and assigns, until all of said lines shall be abandoned, and in that event said
easement and right -of -way shall cease and all rights herein granted shall terminate and revert to
Grantor or Grantor's heirs, successors or assigns.
And it does hereby bind itself, its successor, legal representative and assigns, to warrant
and forever defend all and singular the above described easement and rights unto the said
grantee, its successors and assigns, against, every person whomsoever lawfully claiming or to
claim the same or any part thereof.
EXECUTED this CO day of
STATE OF TEXAS
COUNTY OF WILLIAMSON
rn Ayok.
My C mission Expires: 1
S O
CITY OF ROUND ROCK
, 2001.
Title: /YI4 yCi
BEFORE ME the undersi ed_�yJthorit on this day personally appeared
n�T T ,4. ,57 3 , known to me to be the person
whose name is subscribed to the foregoi instrument and acknowledged to me that he executed
the same as the act and deed of City of Round Rock, as the
thereof, and for the purposes and consideration
therein expressed and in the capacity therein stated, and that he was authorized to do so.
I EN UNDER MY HAND AND SEAL OF OFFICE this (:)? day of
A.D. 2001. /�
�,i /YI�J GC •
Notary Public in and for the State of Texas
C/0,5 JAvi ,e . r29/9 p ezi
(Print Name of Notary Public Here)
u
No- Scale
City of Round Rock
Egger Park
to
Logan St FT
X
355 FT
(+ or -)
Mays Crossing
10
FT
Grantor
Volume /Page
County
Survey
Abstract No.
District
WR Number
The intent of this "EXHIBIT' is to pictorially show the approximate location
of the easement. It is not intended as an actual survey. Calls shown are
references only. No statement is made to the validity of these calls.
City Of Round Rock
590/10/
Wllllomson
Wiley Horrls
Round Rock
1328/13E
EXHIBIT "A"
Grantor
Date:
Ci ry of hu,OZ
S 014-01
DATE: May 18, 2001
SUBJECT: City Council Meeting — May 24, 2001
ITEM: * 12.B.2. Consider a resolution authorizing the Mayor to execute an
Easement and Right of Way to TXU Electric Company for a
utility line easement across a portion of Buck Egger Park This
easement is needed to provide service to development south of the
Park.
Resource: Sharon Prete, Parks and Recreation Director
History:
Funding:
Cost:
Source of funds: TXU Electric Company
Outside Resources:
Impact:
Benefit:
Public Comment:
Due to development of the property to the south of the park, a
utility line needs to be relocated. This relocation is not an
uncommon request and will not interfere with any development
plans for the park.
This easement does not adversely impact the park.
The new easement is located along the street and will be used only
as open space.
Sponsor: TXU Electric Company/PARD
.t- ,
• ; - o/ - 0 5 -ate /ae.-/
TXU Electric Company Easement
STATE OF TEXAS
COUNTY OF WILLIAMSON §
That City of Round Rock, hereinafter called "Grantor", whether one or more, for and in
consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid
by TXU ELECTRIC COMPANY, a Texas Corporation, 1601 Bryan Street, Dallas, Texas 75201,
hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does
grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of-
way for overhead and/or underground electric supply and communications lines, consisting of a
variable number of wires and cables, supporting structures, surface mounted equipment, conduits
and all necessary on desirable appurtenances over, under, across and upon Grantor's land
described as follows:
EASEMENT AND RIGHT OF WAY
SEE EXHIBIT "A" (ATTACHED)
2002012785 4 is
District: Round Rock
WR #: 1328113E
E #:
KNOW ALL MEN BY THESE PRESENTS:
Grantor recognizes that the general course of said lines, or the metes and bounds as
described above, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right -of -way and its general dimensions hereby granted shall apply to the actual
location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and right -of-
way and over and across Grantor's adjoining properties for the purpose of and with the right to
construct, maintain, operate, remove and reconstruct said lines; the right to relocate along the
same general direction of said lines; the right to relocate said lines in the same relative position
to any adjacent road if and as such is widened in the future; the right to lease wire space for the
purpose of permitting others to string or lay wire or cable along said lines; the right to prevent
excavation within the easement area; the right to prevent construction of any and all buildings,
structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere
with the efficiency, safety, and /or convenient operation of said lines and their appurtenances and
the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the
extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with
the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes
in grade, elevation or contour of the land within the easement area as described above without
prior written consent of Grantee.
Grantor reserves the right to use the land within the above described easement area for
purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the
sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted.
-- TO HAVE AND TO HOLD the above described easement and right unto the said Grantee,
its successors and assigns, until all of said lines shall be abandoned, and in that event said
easement and right -of -way shall cease and all rights herein granted shall terminate and revert to
Grantor or Grantor's heirs, successors or assigns.
And it does hereby bind itself, its successor, legal representative and assigns, to warrant
and forever defend all and singular the above described easement and rights unto the said
grantee, its successors and assigns, against, every person whomsoever lawfully claiming or to
claim the same or any part thereof.
EXECUTED this oS J / day of , 2001.
STATE OF TEXAS
COUNTY OF WILLIAMSON
mAyoe.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
My Commission Expires:
Y-5-01
CITY OF ROUND ROCK
Title: mpyCJ/u
// �� BEFORE
E2 E E 5th undersign authority, on this day personally appeared
P0662
J known to me to be the person
whose name is subscribed to the forgoing instrument and acknowledged to me that he executed
the same as the act and deed of City of Round Rock, as the
thereof, and for the purposes and consideration
therein expressed and in the capacity therein stated, and that he was authorized to do so.
Y N UNDER MY HAND AND SEAL OF OFFICE this
D. 2001.
(Print Name of Notary Public Here)
0911
Notary Public in and for the State of Texas
day of
CIO 67 /Y�/1IeTh JEZ
.t
No- Scale
City of Round Rock
Egger Park
X
to
Logan St FT
355 FT
1* or -)
Mays Crossing
10
F
Grantor
Volume /Page
County
Survey
Abstract No.
District
WR Number
The intent of this "EXHIBIT' is to pictorially show the approximate location
of the easement. It is not intended as an actual survey. Calls shown are
references only. No statement is made to the validity of these calls.
MY of Round Rock
590/101
Williamson
Wiley Harris
Round Rock
1328113E
EXHIBIT.. "A"
Grantor
Date:
Ci ry or /2U4).o , &k
5-024 o/
WILLIAMSON COUNTY CLERK
P.O. BOX 18
GEORGETOWN, TEXAS 78627
(512) 943 -1515
ISSUED TO:CITY OF ROUND ROCK
RECEIPT # 094721
DATE 02/15/2002 TIME 02:18 PM
INST # DOC TYPEPGS FEE
2002012785 EASEMEN 4 15.00
2002012786 ANNEXAT 14 35.00
2002012787 ANNEXAT 15 37.00
Total Amount Due
ON ACCT 198
Total Payrnents:
Balance for # 198
02/15/2002 02:18 PM
87.00
87.00
87.00
255.75
THANK YOU
NANCY E. RISTER COUNTY CLERK
Deputy: SUSIE
fullu it
eirt OF ROUND
ADMINISTRATION D
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
02-15 - 2001 - 02:18 PM 2002012785
SUSIE $15.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
r 3091387.2
RECITALS
2002012786 14 rags
ANNEXATION & DEVELOPMENT AGREEMENT
FOR ROADWAY FACILITIES
Continental Homes of Texas, L.P., a Texas limited partnership doing business as
Milburn Homes (hereinafter "Developer "), and the City of Round Rock, a Texas municipality
of the County of Williamson, State of Texas, (hereinafter "the City, ") (collectively hereinafter
"the Parties, ") do hereby enter into this Annexation & Development Agreement for Roadway
Facilities (hereinafter the "Agreement ") for the purposes of providing for an adequate network of
arterial roadways to serve the development project described herein, and providing for
reimbursements for excess contributions or credits against roadway impact fees.
Whereas, Developer has pending a request for annexation of a tract of land approximately
91.116 acres in size, hereinafter "the Property," which is located in the northeast planning area of
the City and for which a legal description is attached hereto as Exhibit A; and
Whereas, Developer has requested SF -2 zoning (the "Requested Zoning ") for the
development of the Property as single family residential (the "Project "); and
Whereas, there presently are insufficient arterial roads in the vicinity of the Property to
support the development of such land as contemplated by the Requested Zoning; and
Whereas, it is anticipated that, in the event that annexation is approved for the Property as
requested by Developer and the Property is developed, there will be significant traffic impacts on
the existing and future arterial road network generated by development of the Property; and
Whereas, the City has adopted its Transportation Master Plan identifying arterial
roadways needed to serve the development of the Property and other property in the northeast
planning area of the City; and
Whereas, the City has conducted a study of the estimated cost of constructing the needed
arterial roadways serving the Property, as shown on the Transportation Master Plan, and the City
has provided a copy of the Transportation Master Plan and the aforementioned study to
Developer; and
Whereas, Developer has requested annexation of the Property in advance of construction
of the needed arterial roadways; and
Whereas, in exchange for annexation of the Property in advance of the construction of the
needed arterial roadways, Developer is willing to pay the Fees (as defined in Section 2 below) to
partially offset the City's cost of constructing said arterial roadways; and
Whereas, the Developer acknowledges that the Fees are proportional to the traffic impact
anticipated from the proposed development of the Property; and
ANNEXATION & DEVELOPMENT AGREEMENT
Page 1 Hoyt Tract
, 3091387.2 '
Whereas, the Parties are desirous of assuring that the Project is adequately served with
arterial roadways in a timely manner;
NOW THEN in consideration of the mutual covenants herein contained, the Parties
hereby agree as follows:
Section 1. Provision of Roadways and Development Schedule
A. Obligation to Dedicate Land. Developer agrees to dedicate right -of -way
comprising approximately 2.91 acres of land (0.69 acres for County Road 113;
0.85 acres for County Road 122 and 1.37 acres for County Road 117) in the
locations shown on Exhibit B (collectively the "Roads "). The right -of -way (or
applicable portion thereof) will be dedicated by Developer at the time the
Property (or applicable portion thereof) is platted or when the City determines the
right -of -way is needed for construction of one or more of the Roads, whichever
first occurs.
B. Access Roads. Developer at its sole expense and in the due course of
development of the Property shall provide adequate roadway access on the
Property to the City's arterial road network serving the Property, consistent with
the City's subdivision standards.
C. Development Schedule. Development by Developer of the annexed Property
described in Exhibit A shall progress in accordance with the schedule attached
hereto and incorporated by reference as Exhibit C. The land uses, numbers of
dwelling units, and the timing of development set forth in Exhibit C are
approximate and subject to change.
D. Contributions Approximate. Specification of the dimensions and location of
right -of -way for the Roads as set forth in paragraph A above is approximate and is
included for purposes of estimating the credits and discounts to Fees, as provided
for in section 3 of this Agreement. The precise locations and dimensions of such
right -of -way shall be determined at the time of platting of the Property or final
design of the Roads improvements. The City may adjust the total amount of the
Fees to be paid pursuant to this Agreement to reflect the actual dimensions of the
Developer's contributions of right -of -way (that is, the total number of net
developable acres in the Property).
Section 2. Annexation Fees
A. Purpose and Basis for Fee. Developer acknowledges that the existing roadways in
the vicinity of the Project and the Property are inadequate to serve the
development as proposed by the Developer. In consideration for City agreeing to
annex the Property and allowing the Developer to begin its Project, Developer
agrees to pay fees to the City for said annexation. The obligation to pay Fees will
accrue when the Property is annexed, and Fees shall be paid and calculated as set
ANNEXATION & DEVELOPMENT AGREEMENT
Page 2 Hoyt Tract
, 3091387.2
ANNEXATION & DEVELOPMENT AGREEMENT
forth below. The annexation fees ( "Fees ") provided for herein are based upon the
traffic impact anticipated from the Requested Zoning.
B. Amount of Fees. In addition to dedication of right -of -way for the Roads as
identified in Section 1, Developer agrees to pay to the City annexation Fees in the
amount of $3,600.00 per Project Net Developable Acre. The Project, if developed
in accordance with the Requested Zoning, will contain approximately 86.97 net
developable acres of land being the Property, net of developable land for the
right -of -way to be dedicated for Roads and 1.24 acres to be dedicated as parkland
(the "Project Net Developable Acres "). The total amount of Fees ($3,600
multiplied by the number of Project Net Developable Acres), shall be payable as
set forth in this Agreement.
C. Modification of Fees. If the actual zoning of the Property is different from the
Requested Zoning, then (i) the Parties agree that the annexation Fees may be
recalculated to reflect any change in traffic impact as set forth in subparagraphs
(1) and (2) below, or (ii) the Owner or Developer, as applicable, may request
disannexation as provided in subparagraph (3) below.
(1) ]f any such recalculation pursuant to clause (i) above results in
increased Fees, then Owner and/or Developer shall have the option of
paying the increased Fees or requesting disannexation of the Property, and
upon disannexation, Owner or Developer (as applicable, based upon who
paid the Fees) will be entitled to a refund of any Fees previously paid.
(2) If any such recalculation pursuant to clause (i) above results in a
reduced Fees, and if disannexation is not requested and approved pursuant
to subparagraph (3) below, then Owner or Developer (as applicable, based
upon who paid the Fees) shall be entitled to a refund of Fees previously
paid.
(3) In the event that Owner or Developer requests disannexation
because Developer does not receive the Requested Zoning and if the City
does not disannex the Property, then this Agreement shall be null and void
and the Parties shall have no further duties, obligations, or rights
hereunder, including without limitation the obligation to dedicate right -of-
way as provided in this Agreement.
D. Waiver and Acknowledgment. Developer (i) unconditionally waives any claim
that payment of Fees or construction of improvements pursuant to this agreement
constitutes imposition of an unauthorized roadway impact fee within the meaning
of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law; (ii)
unconditionally acknowledge that fees provided for herein are proportional to the
traffic impact anticipated from Developer's proposed development of the
Property; and (iii) hereby releases and discharges the City, and all of its officials,
officers, agents, consultants, and employees, collectively or individually,
personally or in their official capacities, from any and all claims, suits or causes of
Page 3 Hoyt Tract
3091387 2
any nature whatsoever, related to, connected with, or arising from the City's
requirement for the Developer to agree to pay the Fees as a condition to
annexation of the Property.
E. Time for Payment. Fees shall be paid as follows:
(1) Within thirty (30) days after the effective date of the zoning
classification(s) established for newly annexed Property, 20% of the Fees
shall be paid;
(2) The remainder of the Fees shall be paid at the earlier of the following
events: (1) three years from the effective date of the ordinance annexing
the Property; or (2) following approval but prior to recording of a final
plat of the for the Property or portion thereof.
F. Payment on Sale of Property. In the event that the Property or any portion
thereof is sold prior to the time for payment of Fees provided in Section 2.E, all
fees shall become immediately due and owing for the portion of the Property sold,
unless the purchaser with the consent of the City assumes all obligations imposed
under this agreement.
G. Rezoning. In the event that the Property or any portion thereof is rezoned,
Developer agrees that the City either may impose additional fees for new land
uses or the new zoning classification, if the land has not been included in a
roadway impact fee program, or charge roadway impact fees against the new
development in accordance with law, if a roadway impact fee program has been
adopted by the City, in which case any Fees previously paid shall be credited
against any new road related fees or roadway impact fees due.
Section 3. Waiver of Roadway Impact Fees and Discounts
A. In the event that the City adopts a roadway impact fee program that becomes
applicable to the Property following payment of Fees, the City agrees to waive
payment of roadway impact fees or, in the event of rezoning, credit payment of
Fees against roadway impact fees due with respect to the Property and/or other
Property which may now or hereafter be owned by Developer in transportation
planning area of the City in which the Property is located.
B. The City agrees to discount Fees by an amount equal to the proportional value of
improvements to arterial roadways designated in the Transportation Master Plan
by Developer, as specified under Section 1, or as may be subsequently agreed to.
Should the value of such improvements exceed the amount of Fees due for the
Property, the City agrees to reimburse Developer for excess costs incurred from
the proceeds of Fees or roadway impact fees collected from other developments
served by such facilities.
ANNEXATION & DEVELOPMENT AGREEMENT
Page 4 Hoyt Tract
, 3091387.2
Section 4. General Provisions
A. Assignment. This Agreement, any part thereof, or any interest herein shall not be
assigned by Developer without the express written consent of the City. Any such
assignment shall contain a provision that the assignee waives and acknowledges
the matters set out in Section 2.D herein.
B. Effect of Failure to Annex. In the event that the City fails to annex the Property
as requested by Developer, or portion thereof, this Agreement shall be deemed
null and void with respect to such Property or portion thereof.
C. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties. Forbearance or indulgence by the City shall not constitute
a waiver of any covenant or condition to be performed pursuant to this
Agreement.
D. Independent Contractor Status. Developer agrees that it is an independent
contractor and not an officer, agent or servant or employee of the City; that
Developer shall have exclusive control of and right to control the details of the
work performed hereunder and all persons performing same, and shall be
responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontracts and consultants; that the doctrine of respondeat superior
shall not apply as between or among the City, Developer, its officers, agents,
employees, contractors, subcontractors and consultants, and nothing herein shall
be constructed as creating a partnership or joint enterprise between and/or among
the City, and/or Developer.
E. Venue. Venue of any action brought hereunder shall be in Williamson County,
Texas.
F. Third Party Beneficiaries. For purposes of this Agreement, including its intended
operation and effect, the Parties specifically agree that (1) the Agreement only
affects matters/disputes between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's lender, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the City or Developer or both;
and (2) the terms of this Agreement are not intended to release, either by contract
or operation of law, any third person or entity from obligations owing by them to
either the City or Developer.
G. Authority to Act. The Parties each represent and warrant that the signatories on
this Agreement are authorized to execute this Agreement and bind his/her
principals to the terms and provisions hereof. Each Party warrants that any action
required to be taken in order for this Agreement to be binding on it has been duly
and properly taken prior to the execution of this Agreement.
ANNEXATION & DEVELOPMENT AGREEMENT
Page 5 Hoyt Tract
, 3091387.2
H. Incorporation of Recitals. The recitals contained at the beginning of this
Agreement shall be deemed a part of the Agreement and hereby are incorporated
by reference herein.
I. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed
as obligating the City to zone the Property in conformity with the zoning
requested by Developer.
J. Covenant Running With the Land. The covenants contained herein shall run with
the land and bind all successors, heirs and assignees of the Property owner. In
addition, this Agreement shall be filed of record in the Official Property Records
of Williamson County, Texas as evidence thereof.
K. Releases. Provided there exists no event of default under this Agreement,
Developer will be entitled to have all or a portion of the Property released from
the terms and conditions of this Agreement upon full payment of the Fees due for
the Property or portion thereof. At the time a partial release is requested, the
Developer must furnish the City a calculation of area by field notes and a plat
indicating the area to be released. All expenses incident to the granting of releases
will be borne by the Developer.
ANNEXATION & DEVELOPMENT AGREEMENT
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 6 Hoyt Tract
3091387.2
IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in
two (2) counterparts, each of which shall be deemed an original on this the 1 day of
February, 2002.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Robert A. Stluka, Jr., known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that he has
authority to act on behalf of the City of Round Rock, and that he executed same for the purposes
and consideration therein expressed and in the capacity therein stated.
2002.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 day of February,
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
ANNEXATION& DEVELOPMENT AGREEMENT Page 7
CITY OF ROUND ROCK, TEXAS
By: -A
Rob . Stluka, Jr., Ma
i •
DEVELOPER
Continental Homes of Texas, L.P.
(a Texas limited partnership)
By: CHTEX of Texas, Inc.
(a Texas corporation)
Its General Partner
By:
CITY of ROUND ROCK
ACKNOWLEDGMENT
Mitchell, Vice President
en
N t Public in and for the State of Texas
G 1SriIUE ,e. 11�Al2n ' zi
Notary's Printed Name
Hoyt Tract
, 3091387.2 •
THE STATE OF TEXA
COUNTY OF WILLIAMSON
�•" -+ TIMOTHYC.TAYLOR, SR.
MY COMMISSION EXPIRES
- t Novert5x21,2005
1
ANNEXATION & DEVELOPMENT AGREEMENT
R §
§
CONTINENTAL HOMES OF TEXAS, L.P.
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Terry E. Mitchell, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that he has authority to
act on behalf of CHTEX of Texas, Inc., a Texas corporation, general partner of Continental
Homes of Texas, L.P., a Texas limited partnership, authorized to do business in Williamson
County, and that he executed same for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the PI day of February,
2002.
Notary ubli in and f r t State of Texas
7/1140/149 t a y a
Notary's Printed Name
Page 8 Hoyt Tract
EXHIBIT A
FIELD NOTE DESCRIPTION: A 91.245 ACRE TRA 1 T
BEING A PARCEL OR TRACT OF LAND OUT OF
JR. SURVEY ABSTRACT NO. 173, AND BEING OUT
THAT CERTAIN TRACT DESCRIBED AS 97.6 ACR
DEED TO A.W. HOYT, JR. PROPERTIES, LTD., DA
AND RECORDED IN DOCUMENT NO. 9638879
RECORDS OF WILLIAMSON COUNTY, TEXAS,
PARTICULARLY DESCRIBED BY METES AND BOU
THENCE through said 97.6•acre tract the following three (:) courses:
S; \LAND650- 70016981does \DESC 91.24) AC.doc
12/28/00
Page 1 of 2
E WILLIS DONAHO,
F AND A PART OF
S IN A WARRANTY
D AUGUST 1, 1996
OF THE OFFICIAL
ND BEING MORE
DS AS FOLLOWS:
BEGINNING at an iron rod found at a point in the north 'ght - of - way of County
Road 113, known locally as Kiphen Road, for the souther t corner of that certain
tract of land said to contain 34.37 acres in a General ty Deed to MTV
investments Limited Partnership recopied in Document N mber 9608169, of the
Official Records of Williamson County, Texas, for the s thwest comer of said
97.6 acre tract, for the southwest corner and POINT 0 BEGINNING of the
herein described tract;
THENCE North 00°43'18" East, departing said north ght-of -way of County
Road 113, 1786.91 feet, to an iron rod found in the south 'ght -of -way of County
Road 117, for the northeast corner of said 84.37 acre tract rc northwest corner of .
said 97.6 acre tract, for the northwest corner of this tract;
THENCE South 89 °43'24" East, with said south right -o -way of County Road
117 the north line of said 97.6 acre tract, 2389.35 feet to : t iron rod found in the
west right -of -way of County Road 122, known locally as ' ed Bud Lane. for the
northeast corner of said 97.6 acre tract, for the northeast co er of this tract; •
THENCE South 00 °13'28" Viest, with said west right -o way of County Road
122 the east line of said 97.6 acre tract, a distance of 1476 12 feet to a calculated
point, for the southeast comer of this tract;
1. South 89 °37'49" West, a distance of 950.45 feet to a • <lculated point, for an
angle corner of this tract;
2. North 89 °55'14" West, a distance of 50.30 feet to a : culated point, for an
angle comer of this tract;
3. South 00 °04'46" West, a distance of 295.00 feet to a lculated point, in said
north right -of -way of County Road l 13, the south line ' f said 97.6 acre tract,
for an angle corner of this tract;
RECORDERS MEMORANDUM
All or pans of the text on this liagewas not
clearly legible for satisfactory recordation.
EXHIBIT A
THENCE North 89°55'14" \Vest, with said north right -c
113, the south line of said 97.6 acre tract, a distance of 140
OF BEGINNING.
. Containing 91.245 acres of land more or less.
- .28 •- .2c>oc)
eorgc E. Lucas Date
Registered Professional Land Surveyor NO. 4160
State of Texas
Randall Jones Engineering Inc
• 1212 E. Braker Lane
• Austin, Texas 78753
S:V. AND650.700\698\docs\DESC_91.245,,,AC.doc
1228/00
. Page 2 of 2
=way of County Road
.91 feet to the POINT
RECORDERS MEMORANDUM
All orpans of the test on this page was not
dearly legible for satisfactory recordation,
XHIBIT A
•
3091387.2 •
ANNEXATION & DEVELOPMENT AGREEMENT
Exhibit B
(Location Of County Road 113, County Road 122,
and County Road 117 On The Property)
[See attached]
Exhibit B
Page 1
Hoyt Tract
EXHIBIT B
.r Az,��l �Sr« ;:g iCSiSSZCZiN v� r itSVA∎ lit iR' itllRi 'Ioi'CV��rioiiiiiv:��il•'u
3G 01 AIX AO AGRI 7111211137Y
RECORDERS MEMORANDUM
All or pans of the text on this page was not
clearly legible for satisfactory recordation.
EXHIBIT B
Development Stage
Date
Preliminary Plan Approval
Approved October 17, 2001
Final Plat Approval for First Phase
Estimated March 20, 2002
Construction Plan Approval for First Phase
Estimated May 7, 2002
Estimated Building Permits for First Phase
Estimated November 14, 2002
Buildout of Subdivision
Estimated 2006
, 3091387.2
Exhibit C
(Development Schedule)
The following is Continental Homes of Texas, L.P.'s estimated
development schedule for the Hoyt Tract. This schedule and
all dates are subject to change depending on, among other things,
the timing of governmental approvals.
ANNEXATION & DEVELOPMENT AGREEMENT
Exhibit C
Page 1
Milburn Homes — Hoyt Tract
3091387.2
FEE: $3,600 /net developable acre of SF -2
ZONING: SF -2 (entire tract)
NET DEVELOPABLE ACRES 86.97 acres
ESTIMATED NO. OF LOTS: 335 single family lots
COUNTY ROAD 113 ROW: 0.69 acres
COUNTY ROAD 122 ROW: 0.85 acres
COUNTY ROAD 117 ROW: 1.37 acres
TOTAL AMOUNT OF FEES: $313,092.00
Tx
1e- D4 -oa- CAP.
EXHIBIT D
(Fee Schedule)
FILED pWD RECORDED
OFFICIAL PUBLIC RECORDS
02- 15- 200202:18 PM 2002012786
SUSIE $35.00
NANCY E. RISTER .COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Exhibit 11
Page 1
Milbum Homes — Hoyt Tract
3082849.1 •
RECITALS
2002012787 15 ines
ANNEXATION & DEVELOPMENT AGREEMENT
FOR ROADWAY FACILITIES
Continental Homes of Texas, L.P., a Texas limited partnership doing business as
Milburn Homes (hereinafter "Developer "), Robert W. Dillard and Diane W. Dillard
(hereinafter "Owner "), and the City of Round Rock, a Texas municipality of the County of
Williamson, State of Texas, (hereinafter "the City, ") (collectively hereinafter "the Parties, ") do
hereby enter into this Annexation & Development Agreement for Roadway Facilities
(hereinafter the "Agreement") for the purposes of providing for an adequate network of arterial
roadways to serve the development project described herein, and providing for reimbursements
for excess contributions or credits against roadway impact fees.
Whereas, Owner has pending a request for annexation of a tract of land approximately
78.16 acres in size, hereinafter "the Property," which is located in the northeast planning area of
the City and for which a legal description is attached hereto as Exhibit A; and
Whereas, Developer has entered into a contract with Owner to acquire the Property from
Owner; and
Whereas, Developer has requested SF -2 zoning (the "Requested Zoning ") for the
development of the Property as single family residential (the "Project "); and
Whereas, there presently are insufficient arterial roads in the vicinity of the Property to
support the development of such land as contemplated by the Requested Zoning; and
Whereas, it is anticipated that, in the event that annexation is approved for the Property as
requested by Owner and Developer and the Property is developed, there will be significant traffic
impacts on the existing and future arterial road network generated by development of the
Property; and
Whereas, the City has adopted its Transportation Master Plan identifying arterial
roadways needed to serve the development of the Property and other property in the northeast
planning area of the City; and
Whereas, the City has conducted a study of the estimated cost of constructing the needed
arterial roadways serving the Property, as shown on the Transportation Master Plan, and the City
has provided a copy of the Transportation Master Plan and the aforementioned study to
Developer; and
Whereas, Owner, on behalf of Developer, has requested annexation of the Property in
advance of construction of the needed arterial roadways; and
ANNEXATION & DEVELOPMENT AGREEMENT
Page 1 Dillard Tract
3082849.1
Whereas, in exchange for annexation of the Property in advance of the construction of the
needed arterial roadways, Owner and Developer are willing to pay the Fees (as defined in
Section 2 below) to partially offset the City's cost of constructing said arterial roadways; and
Whereas, Owner and Developer acknowledge that the Fees are proportional to the traffic
impact anticipated from the proposed development of the Property; and
Whereas, the Parties are desirous of assuring that the Project is adequately served with
arterial roadways in a timely manner;
NOW THEN in consideration of the mutual covenants herein contained, the Parties
hereby agree as follows:
Section 1. Provision of Roadways and Development Schedule
A. Obligation to Dedicate Land. Owner and Developer agree to dedicate right -of-
way comprising approximately 5.75 acres of land on the Property one hundred
feet (100') in width for Arterial A, in the location shown on Exhibit B (the
"Road "). The right -of -way (or applicable portion thereof) will be dedicated by
Owner or Developer, as applicable, at the time the Property (or applicable portion
thereof) is platted or when the City determines the right - - way is needed for
construction of one or more of the Roads, whichever first occurs.
B. Access Roads. Owner or Developer, as applicable, at its sole expense and in the
due course of development of the Property shall provide adequate roadway access
on the Property to the City's arterial road network serving the Property, consistent
with the City's subdivision standards.
C. Development Schedule. Development by Developer of the annexed Property
described in Exhibit A shall progress in accordance with the schedule attached
hereto and incorporated by reference as Exhibit C. The land uses, numbers of
dwelling units, and the timing of development set forth in Exhibit C are
approximate and subject to change.
D. Contributions Approximate. Specification of the dimensions and location of
right -of -way for the Roads as set forth in paragraph A above is approximate and is
included for purposes of estimating the credits and discounts to Fees, as provided
for in section 3 of this Agreement. The precise locations and dimensions of such
right - - way shall be determined at the time of platting of the Property or final
design of the Roads improvements. The City may adjust the total amount of the
Fees to be paid pursuant to this Agreement to reflect the actual dimensions of the
Owner's or Developer's contributions of right -of -way (that is, the total number of
net developable acres in the Property).
ANNEXATION & DEVELOPMENT AGREEMENT
Page 2 Dillard Tract
3082849.1 •
Section 2. Annexation Fees
A. Purpose and Basis for Fee. Owner and Developer acknowledge that the existing
roadways in the vicinity of the Project and the Property are inadequate to serve
the development as proposed by the Developer. In consideration for City
agreeing to annex the Property and allowing the Developer to begin its Project,
Owner and Developer agree to pay fees to the City for said annexation. The
obligation to pay Fees will accrue when the Property is annexed, and Fees shall
be paid and calculated as set forth below. The annexation fees ( "Fees ") provided
for herein are based upon the traffic impact anticipated from the Requested
Zoning.
B. Amount of Fees. In addition to dedication of right - of - way for the Roads as
identified in Section 1, Owner and Developer agree to pay to the City annexation
Fees in the amount of $3,600.00 per Project Net Developable Acre. The Project,
if developed in accordance with the Requested Zoning and Developer's plans for
the Project, will contain approximately 70.13 net developable acres of land being
the Property, net of developable land for the right -of -way to be dedicated for
Roads, land in flood plan, and land to be dedicated as parkland (the "Project Net
Developable Acres "). The total amount of Fees ($3,600 multiplied by the number
of Project Net Developable Acres), shall be payable as set forth in this
Agreement.
C. Modification of Fees. If the actual zoning of the Property is different from the
Requested Zoning, then (i) the Parties agree that the annexation Fees may be
recalculated to reflect any change in traffic impact as set forth in subparagraphs
(1) and (2) below, or (ii) the Owner or Developer, as applicable, may request
disannexation as provided in subparagraph (3) below.
(1) If any such recalculation pursuant to clause (i) above results in increased
Fees, then Owner and/or Developer shall have the option of paying the
increased Fees or requesting disannexation of the Property, and upon
disannexation, Owner or Developer (as applicable, based upon who paid
the Fees) will be entitled to a refund of any Fees previously paid.
(2) If any such recalculation pursuant to clause (i) above results in a reduced
Fees, and if disannexation is not requested and approved pursuant to
subparagraph (3) below, then Owner or Developer (as applicable, based
upon who paid the Fees) shall be entitled to a refund of Fees previously
paid.
(3)
ANNEXATION & DEVELOPMENT AGREEMENT
In the event that Owner or Developer requests disannexation because
Developer does not receive the Requested Zoning, and if the City does not
disarmex the Property, then this Agreement shall be null and void and the
Parties shall have no further duties, obligations, or rights hereunder,
Page 3 Dillard Tract
30828491 •
including without limitation the obligation to dedicate right -of -way as
provided in this Agreement.
D. Waiver and Acknowledgment. Owner and Developer (i) unconditionally waive any
claim that payment of Fees or construction of improvements pursuant to this
agreement constitutes imposition of an unauthorized roadway impact fee within the
meaning of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law;
(ii) unconditionally acknowledge that fees provided for herein are proportional to the
traffic impact anticipated from Developer's proposed development of the Property;
and (iii) hereby release and discharge the City, and all of its officials, officers, agents,
consultants, and employees, collectively or individually, personally or in their official
capacities, from any and all claims, suits or causes of any nature whatsoever, related
to, connected with, or arising from the City's requirement for the Owner and
Developer to agree to pay the Fees as a condition to annexation of the Property.
E. Time for Payment. Fees shall be paid as follows:
(1) Within thirty (30) days after the effective date of the zoning
classification(s) established for newly annexed Property, 20% of the Fees
shall be paid;
(2) The remainder of the Fees shall be paid at the earlier of the following
events: (1) three years from the effective date of the ordinance annexing
the Property; or (2) following approval but prior to recording of a final
plat of the for the Property or portion thereof.
F. Payment on Sale of Property. In the event that the Property or any portion
thereof is sold prior to the time for payment of Fees provided in Section 2.E (other
than the sale of the Property by Owner to Developer), all fees shall become
immediately due and owing for the portion of the Property sold, unless the
purchaser with the consent of the City assumes all obligations imposed under this
agreement.
G. Rezoning. In the event that the Property or any portion thereof is rezoned, Owner
and Developer agree that the City either may impose additional fees for new land
uses or the new zoning classification, if the land has not been included in a
roadway impact fee program, or charge roadway impact fees against the new
development in accordance with law, if a roadway impact fee program has been
adopted by the City, in which case any Fees previously paid shall be credited
against any new road related fees or roadway impact fees due.
Section 3. Waiver of Roadway Impact Fees and Discounts
A. In the event that the City adopts a roadway impact fee program that becomes
applicable to the Property following payment of Fees, the City agrees to waive
payment of roadway impact fees or, in the event of rezoning, credit payment of
ANNEXATION & DEVELOPMENT AGREEMENT
Page 4 Dillard Tract
3082849.1
B. The City agrees to discount Fees by an amount equal to the proportional value of
improvements to arterial roadways designated in the Transportation Master Plan
by Developer, as specified under Section 1, or as may be subsequently agreed to.
Should the value of such improvements exceed the amount of Fees due for the
Property, the City agrees to reimburse Owner or Developer, as applicable, for
excess costs incurred from the proceeds of Fees or roadway impact fees collected
from other developments served by such facilities.
Section 4. General Provisions
A. Assignment. This Agreement, any part thereof, or any interest herein shall not be
assigned by Owner or Developer (except by Owner to Developer in connection
with the contemplated sale of the Property by Owner to Developer) without the
express written consent of the City. Any such assignment shall contain a
provision that the assignee waives and acknowledges the matters set out in
Section 2.D herein.
B. Effect of Failure to Annex. In the event that the City fails to annex the Property
as requested by Owner and Developer, or portion thereof, this Agreement shall be
deemed null and void with respect to such Property or portion thereof.
C. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties. Forbearance or indulgence by the City shall not constitute
a waiver of any covenant or condition to be performed pursuant to this
Agreement.
D. Independent Contractor Status. Owner and Developer agrees that they are
independent contractors and not officers, agents or servants or employees of the
City; that Owner and Developer shall have exclusive control of and right to
control the details of the work performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents,
employees, contractors, subcontracts and consultants; that the doctrine of
respondeat superior shall not apply as between or among the City, Owner,
Developer, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be constructed as creating a partnership or
joint enterprise between and/or among the City, and/or Owner or Developer.
E. Venue. Venue of any action brought hereunder shall be in Williamson County,
Texas.
ANNEXATION & DEVELOPMENT AGREEMENT
Fees against roadway impact fees due with respect to the Property and/or other
Property which may now or hereafter be owned by Owner or Developer (based
upon who pays the Fees) in transportation planning area of the City in which the
Property is located.
Page 5 Dillard Tract
3082849.1
F. Third Party Beneficiaries. For purposes of this Agreement, including its intended
operation and effect, the Parties specifically agree that (1) the Agreement only
affects matters /disputes between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's lender, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the City, Owner, or Developer or
both; and (2) the terms of this Agreement are not intended to release, either by
contract or operation of law, any third person or entity from obligations owing by
them to either the City, Owner, or Developer.
G. Authority to Act. The Parties each represent and warrant that the signatories on
this Agreement are authorized to execute this Agreement and bind his/her
principals to the teens and provisions hereof. Each Party warrants that any action
required to be taken in order for this Agreement to be binding on it has been duly
and properly taken prior to the execution of this Agreement.
H. Incorporation of Recitals. The recitals contained at the beginning of this
Agreement shall be deemed a part of the Agreement and hereby are incorporated
by reference herein.
I. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed
as obligating the City to zone the Property in conformity with the zoning
requested by Owner and Developer.
J. Covenant Running With the Land. The covenants contained herein shall run with
the land and bind all successors, heirs and assignees of the Property owner. In
addition, this Agreement shall be filed of record in the Official Public Records of
Williamson County, Texas as evidence thereof.
K. Releases. Provided there exists no event of default under this Agreement, Owner
or Developer, as applicable, will be entitled to have all or a portion of the
Property released from the terms and conditions of this Agreement upon full
payment of the Fees due for the Property or portion thereof. At the time a partial
release is requested, Owner or Developer (whoever is requesting a release) must
furnish the City a calculation of area by field notes and a plat indicating the area
to be released. All expenses incident to the granting of releases will be borne by
the Party requesting the release.
ANNEXATION & DEVELOPMENT AGREEMENT
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 6 Dillard Tract
, 3082849.1
IN WITNESS WHEREOF, the Parties to these presents have executed thil / gontract in
three (3) counterparts, each of which shall be deemed an original on this the P1 day of
February, 2002.
CITY OF ROUND ROCK, TEXAS
Rob 1 A. Stluka, Jr., Mayor
OWNER:
ANNEXATION & DEVELOPMENT AGREEMENT Page 7
arevx
Robert W. Dillard
Diane W. Dillard
DEVELOPER
Continental Homes of Texas, L.P.
(a Texas limited partnership)
By: CHTEX of Texas, Inc.
(a Texas corporation)
Its General Partner
By:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
gova&
Te itchell, Vice President
gir
Dillard Tract
3082849 1
THE STATE OF TEXAS §
§ CITY OF ROUND ROCK
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Robert A. Stluka, Jr., known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that he has
authority to act on behalf of the City of Round Rock, and that he executed same for the purposes
and consideration therein expressed and in the capacity therein stated.
2002.
CHRISTINE R MARTINQ
MY COMMISSION EXPIRES
August 28, 2005
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Robert W. Dillard and Diane W. Dillard, husband and wife, known
to me to be the persons whose names are subscribed to the foregoing instrument and
acknowledged to me that they executed same for the purposes and consideration therein
expressed .
2002.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I day of February,
ANNEXATION & DEVELOPMENT AGREEMENT
vuzitiyt6 E. n
Notary Public in an for the State of Texa
Ci+e15r/,)E . imerhNEV
Notary's Printed Name
§
ROBERT & DIANE DILLARD
ACKNOWLEDGMENT
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the "T day of February,
r / _
Notary Public in and for the State of Texas
Ch ery I bw►s
Notary's Pnnted Name
Page 8 Dillard Tract
3082849.1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Terry E. Mitchell, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that he has authority to
act on behalf of CHTEX of Texas, Inc., a Texas corporation, general partner of Continental
Homes of Texas, L.P., a Texas limited partnership, authorized to do business in Williamson
County, and that he executed same for the purposes and consideration therein expressed and in
the capacity therein stated.
2002.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the PY' day of February,
TIMOTHY C. TAYLOR, SR.
MY COMMISSION EXPIRES
November 21. 2005
ANNEXATION & DEVELOPMENT AGREEMENT
§
CONTINENTAL HOMES OF TEXAS, L.P.
ACKNOWLEDGMENT
f el Not Public i d for the tate of Texas
m o fh y L. ra lot Sv .
Notary's Printed Name
Page 9 Dillard Tract
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
BEING PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173 IN WILLIAMSON COUNTY, TEXAS,
AND BEING THAT SAME TRACT OF LAND DESCRIBED
IN A DEED TO ROBERT W. DILLARD AND DIANE W.
DILLARD RECORDED IN VOLUME 1390, PAGE 799 OF
THE WILLIAMSON COUNTY OFFICIAL RECORDS (WCOR),
SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a rebar found on the north right -of -way line of County Road No. 113, at the
southwest corner of said Dillard property, also the southeast corner of the Hossain Mehrabian
6.57 acre tract described in Volume 2386, Page 208 of the WCOR, for the southwest corner and
PLACE OF BEGINNING hereof,
THENCE with the common line between Mehrabian and Dillard, N 19 °07'54" W (bearing basis
for this survey), passing Mehrabian's northeast corner 1416.18 feet to a rebar found at the
southwest corner of Lot 1 of "Saddlebrook Estates Section 2" recorded in Cabinet F, Slide 42 of
the Williamson County Plat Records (WCPR), on the east line of Lot 5 of "Saddlebrook Estates
Section I" recorded in Cabinet F, Slide 40 of the WCPR, for the most westerly northwest corner
hereof;
THENCE with Dillard's north line, also the south line of Saddlebrook Estates Section 2, the
following two calls: 1) N 59 °44' E 707.72 feet to a rebar found for an angle point, from which
point another rebar found bears N 50 °08'22" E 0.15 feet; 2) N 75 °56' 17" E 445.42 feet to a rebar
found at the southeast corner of Lot 13 of Saddlebrook Estates Section 2, for an ell corner hereof;
THENCE with a westerly line of said Dillard tract, also the east line of Saddlebrook Estates
Section 2, N 11°08'47" W 649.85 feet to a rebar found at the northeast corner of Lot 11 of said
subdivision, for the most northerly northwest corner hereof;
THENCE with Dillard's most northerly line, also the south line of an old lane, approximately 30
feet in width, N 71 °45'26" E 871.07 feet to a 60-d nail found and N 71 °45'39" E 389.14 feet to a
rebar found at Dillard's northeast corner, also the northwest corner of the M. Brown 5.00 acre
tract described in Volume 710, Page 866 of the WCOR, for the northeast corner hereof
THENCE with Dillard's east line also the west line of said M. Brown 5.00 acres, and the west
line of the Ledesma 2.50 acres described in Volume 1025, Page 136 and the west line of the
Cross 2.50 acres described in Volume 955, Page 223 (both of the WCOR), S 08 °11'25" E 801.63
feet to a rebar found at Cross's southwest corner, also the northwest corner of the E. Carrell 29.00
acres described in Volume 663, Page 666 of the WCOR, for an angle point hereof,
THENCE continuing with Dillard's east line, also Carrell's west line, S 08 °18'29" E 585.20 feet
to a rebar found at Carrell's southwest corner, also the northwest corner of the MTV Investments
84.37 acres described in Document No. 9608169 of the WCOR, for an angle point hereof;
Page 1 of 2
THENCE continuing with Dillard's east line, also MTV Investments west line, S 00 0 34'05" W
266.02 feet to a rebar found at Dillard's most easterly southeast corner, also the northeast corner
of the Robco Landscaping Ine.•6:2217 acres described in Document No. 9715268 of the WCOR,
for the most easterly southeast corner hereof;
THENCE with Dillard's southerly line, also Robco's north line, N 88 °54'03" W 1152.67 feet to a
rebar found at Robco's northwest corner, for an inside corner hereof;
THENCE with Dillard's east line, also the west line of Robco and the west line of the Rockin' J.
Corporation 5.69 acres described in Volume 1753, Page 835 of the WCOR, the following 2 calls:
1) S 11 °06'35" E at 245.70 feet pass a rebar found at the common westerly corner
between Robco and Rockin' J. and continuing with the same course for a total
distance of 610.41 feet to a rebar found for an angle point;
2) S 01 °06'02" W 634.79 feet to a rebar found on the north right -of -way line of County
Road No. 113, at Rockin' J's southwest corner, for the most southerly southeast
corner hereof;
THENCE with the north right -of -way line of County Road 113, N 88°55'11" W 799.67 feet to
the PLACE OF BEGINNING and containing 78.154 acres of land, more or less.
NOTE: ALL REBARS (FOUND OR SET) ARE /2" IN DIAMETER, UNLESS NOTED
OTHERWISE. ALL REBARS SET ARE CAPPED "1729 ".
SEE SURVEY MAP PREPARED TO ACCOMPANY THIS DESCRIPTION.
SURVEYED BY: RALPH HARRIS SURVEYOR, INC.
1406 Hether Street, Austin, Tx. 78704
(512) 444-1781
E M. GRANT, RP 1919
ay 3l, 2001
Jg c:\mydocsl38234
30828491
ANNEXATION & DEVELOPMENT AGREEMENT
Exhibit B
(Location of Arterial A)
[See attached]
Exhibit B
Page 1
Dillard Tract
WV WWI I MIMI
EXHIBIT B
1 .
WIWm
INWI MIA
-r�rmr•�
...IMF /Or
EXHIBIT B
_ -
RECORDERS MEMORANDUM
Ali et pang of the tat onthis page was not
d idle for satisfactory recordation.
4
e/
Development Stage
Estimated Date
Preliminary Plan Approval
March 20, 2002
Final Plat Approval for First Phase
May 1, 2002
Construction Plan Approval for First Phase
July 2, 2002
Estimated Building Permits for First Phase
January 3, 2003
Buildout of Subdivision
2006
• . • ,, 3082849.1 •
ANNEXATION & DEVELOPMENT AGREEMENT
Exhibit C
(Development Schedule)
The following is Continental Homes of Texas, L.P.'s estimated
development schedule for the Dillard Tract. This schedule and
all dates are subject to change depending on, among other things,
the timing of governmental approvals.
Exhibit C
Page 1
Dillard Tract
•
.. „ 3082849.1
Exhibit D
(Fee Schedule, Net Developable Acres, Fee Per Acre for each
Zoning District, Total Amount of Fees for Each Land Use, and
Total Amount of Fees Due)
FEE: $3,600 /net developable acre of SF - 2
ZONING: SF -2 (entire tract)
NET DEVELOPABLE ACRES 70.13 acres
ESTIMATED No. OF LOTS: 277 single family lots
ARTERIAL A ROW: 5.75 acres
TOTAL AMOUNT OF FEES: $252,108.00
z2!'. •
k • Er tK 78 &'(
ANNEXATION & DEVELOPMENT AGREEMENT
8D3
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
erlypik
02- 15- 2002`02:18 PM 2002012787
SUSIE $37.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Exhibit D
Page 1
Dillard Tract