R-84-639 - 9/13/1984Therefore
ATTEST:
RESOLUTION NO
WHEREAS, property within the Chandler Creek Basin does not
presently have access to municipal wastewater treatment
facilities, and
WHEREAS, in order to provide wastewater treatment services
to the area, a major interceptor must be constructed, and
WHEREAS, the City does not presently have adequate funds for,
the construction of the interceptor, and
WHEREAS, to help finance the cost of the interceptor,
several landowners in the basin have agreed to prepay certain
fees and to pay their pro -rata share of the interceptor, and
WHEREAS, the Council wishes to enter into contracts with the
landowners to construct the interceptor and reserve capacity
therein in exchange for their assistance in the financing, Now
1
J9' LAND, City Secretary
639/2
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 contracts landowners in,the Chandler
Creek Basin for the funding of the construction of the
interceptor.
ra
RESOLVED this _ day of September, 1984.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
June 26, 1986
Mike Robinson, Mayor
City of Round Rock
214 East Main
Round Rock, Texas 78664
Re: Commerce Park Section I & II
Dear Mike,
Please find enclosed the copy of the sewer LUE agreements that I executed and
returned to Steve Sheets, the originals of which never were executed by the
City of Round Rock and returned to me for my files. In reviewing the
agreements, with respect to REALTY INVESTMENT JOINT VENTURE, it appears that
we paid THIRTEEN THOUSAND FIVE HUNDRED TWENTY AND NO 100 /THS DOLLARS
($13,520.00),as contribution for the sewer line traversing the tract, instead
of the TEN THOUSAND AND NO /100THS DOLLARS ($10,000.00) that I had discussed
with you.
I found what I believe to be a correct agreement, that is, " A Tract That Is
Not Transversed By The Interceptor" prepared for REALTY INVESTMENT JOINT
VENTURE. I am enclosing two (2) copies of the same which I have executed in
behalf of REALTY INVESTMENT JOINT VENTURE together with (2) copies of an
agreement for INVESTMENT PROPERTY JOINT VENTURE. I would appreciate it if
you would execute these and return one (1) of each to me for my files so that
both the City and the two joint ventures shall have original executed
documents in their respective files.
If the THIRTEEN THOUSAND FIVE HUNDRED TWENTY AND NO 100 /THS DOLLARS
($13,520.00) is correct, I would appreciate it if you would make your check
payable to REALTY INVESTMENT JOINT VENTURE in that that is the entity that
the money was funded out of.
Needless to say, after the time that has gone by in trying to get this matter
resolved, I am extremely happy and delighted with your efforts. If I can be
of any service at all please do not hesitate to contact me.
JOHN THOMAS JONES, JR. '
ATTORNEY AND COUNSELOR AT LAW
800 WEST SIXTEENTH STREET
AUSTIN. TEXAS 78701
51E- 476.2601
CHANDLER CREEK BASIN WASTEWATER TNTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
•
•
•
•
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this 5 day
of 5e , 1984, by and between the City of Round Rock,
Texas ( "City ") and Eowa2n p• uc. �y� G C�v ictC
( "Landowner "). -
Recitals
WHEREAS, Landowner owns approximately 90 acres of
land located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study, has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $ 1000 000 , and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I
Landowner holds record title to 90 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
I1.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay y OO wastewater
LUE fees at $100.00 each for a total payment of $ �o ,o_
As used herein, an LUE shall be defined according to the schedule
adopted in Ordinance No. 2128 amending Chapter 10, Section
4.B.(2)(a)(ii), Code of Ordinances, City of Round Rock, Texas.
III.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood andjagreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expan3ion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater 'service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first' be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.'
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be 'commenced between the parties
hereto concerning this, Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and_for_attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
JO
ST:
NE LAND, Ci
y Secretary
CITY OP ROU D ROCK
By Ill /
L 1 4.'"11
OWNER:
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this ' YJ day
of _S"0Z,_('.t, 1984, by and between the City of Round Rock,
Texas ( "City ") and E nw i D- S F.u6,ED G. C2u cLk
( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 1413"? acres of
land located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,'
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $ { ) 800, 000 tz° , and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
1 .
Landowner holds record' title to ( (•5� acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay '?,'" 9_ wastewater
LUE fees at $100.00 each for a total payment of $ 3 3,
As used herein, an LUE shall be defined according to the schedule
adopted in Ordinance No. 2128 amending Chapter 10, Section
4.B.(2)(a)(ii), Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed-by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
A EST:
/Ad AiM
J' ANNE LAND, City Secretary
CITY OF ROUND_ROCK
By
u U
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Traversed By Inteceptor)-
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this llth day of
September, 1984, by and between the City of Round Rock, Texas
( "City') and Investment Joint Venture, ( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 75.5 acres of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor (' Inteceptor') must be constructed, and
WHEREAS, the proposed Inteceptor will cross Landowner's
property, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to pay his prorate share of the cost of the
Inteceptor and to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 75.5 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A", attached hereto and incorporated herein.
II.
in order to assist in the construction of the Inteceptor,
Landowner agrees to (1) pay the cost directly attributable to the
provision of wastewater treatment service to his tract, which
amount is agreed to be $ 13,520.00 AHD (2) to re a
the wastewater LUE fee as provided for in Chapter 8. S
6.K.(10), Code of Ordinances, City of Round Rock, Texas.
Landowner agrees to pay 132 wastewater LUE fees at $100.00 each
for a total payment of prepaid fees of $13,200.00. As used
herein, an LUE shall be defined according to the schedule adopted
in Ordinance No. 2128 amending Chapter 10, Section
4 .B.(2)(a)(ii), Code of Ordinances, City of Round Rock, Texas.
III.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V .
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the
amount of $ Z(n,7 ZO.00 , which represents his share of the cost
of the Inteceptor and prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. in case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
ATTEST:
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had Meyer been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
JOANNE LAND, City Secretary,
4�1
r +•
CITY OF ROUND ROCK
By
LANDOWNER:
REALTY INVESTMENT JOINT VENTURE
By
J. n T. Jo/'s, Jr.
naging artner
500 West 16th Street
Austin, Texas 78701
(512) 476 -2631
...1 I
June 25, 1984
Mr. Jack Haraky
City of Round Rock
Round Rock, Texas
Re: Contribution Toward
Creek Approach Main
Dear Jack:
JOHN THOMAS JONES. JR.
ATTORNEY AND COUNSELOR AT LAW
SOO WEST SIXTEENTH STREET
AUSTIN. 7T.%A9 7E701
Chandler
Please accept this letter on behalf of Investment Property
Joint Venture and Realty Investment Joint Venture, as a
commitment for the contribution toward the installation of
the Chandler Creek approach main.
Investment Property Joint Venture is the owner of 110.1745
acres, known to the City as the "Behrens Tract," and shown
on the Master Plan of Commerce Park as Commerce Park
Section II, which contains approximately 89 useabl
acres and such acreage times $220. per acre (the cost of the
LUE's for industrial zoning) would call for Investment
Property to contribute $19,580.
Realty Investment Joint Venture owns 75.5 acres, shown on
your list as the "Crouch (2. Williams) Tract" and shown on
the Master Plan of Commerce Park as Commerce Park Section
I, which contains approximately 60 acres of usea land,
and such acreage times the $220. per acre cost for LUE's for
industrial toning, would make Realty Investment Joint
Venture's contribution $13,200.
619 - 470-90D1
I appreciate all of your efforts in promoting this project
and if I may be able to be of additional assistance, please
do not hesitate to contact me.
Sincerely yours,
INVESTMENT PROPERTY JOINT VENTURE
REALTY INVESTMENT JOINT VENTURE
magi g Partner 1
2
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Traversed By Inteceptor)
STATE OF TEXAS
t
COUNTY OF WILLIAMSON
Recitals
THIS AGREEMENT is made and entered into on this / day
of 5 E P T - 1984; by and between the City of Round Rock,
Texas ( "City ") and Lexington Development Company, a Texas Limited
Partnership -d /b /a Provident Development Co., ( "Landowner ").
WHEREAS, Landowner owns approximately 332 acres of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the proposed Inteceptor will cross Landowner's
property, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to pay his prorata share of the cost of the
Inteceptor and to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 332 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
11.
In order to assist in the construction of the Inteceptor,
Landowner agrees to (1) pay the cost directly attributable to the
provision of wastewater treatment service to his tract, which
amount is agreed to be $17,264.00 AND (2) to prepay the
wastewater LUE fee as provided for in Chapter 8. Section
6.x.(10), Code of Ordinances, City of Round Rock, Texas.
Landowner agrees to pay 1,617 wastewater LUE fees at $100.00 each
for a total payment of prepaid fees of $161,700.00. As used
herein, an LUE shall be defined according to the schedule adopted
in Ordinance No. 2128 amending Chapter 10, Section
4.B.(2)(a)(ii), Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while. Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
v.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his 'tract.' 4
VI.
Upon execution df this Agreement; Landowner < agrees to
deposit with the City a certified oii cashier's check in the
amount of $178,964.00, which represents his share of the cost of
the Inteceptor and prepaid LUE fees.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
2
VII.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
AT ST: '
110 JLJL_ ' .iiz
LAND, City Secretary
3
CITY O ND CK
By:
—morAP
Aiii
�'i"H. MILLS,
rney -in -fact
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this day
of , 1984, by and between the City of Round Rock,
Texas ( "City ") and Lexington Development Company, a Texas Limited
Partnership d /b /a Provident Development Co., ( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 246.33 acres of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 246.33 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay 535.53 wastewater LUE fees
at $100.00 each for a total payment of $53,553.00. As used
herein, an LUE shall be defined according to the schedule adopted
in Ordinance No. 2128 amending Chapter 10, Section
4.B.(2)(a)(ii), Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
r
2
Iv.
V.
VI.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual•
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas. "
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
A EST:
NOVA/ /L'
V , NE LAND, Secretary
CITY OP ROCK
By:
LANDOWNER:
JAME H. MILLS,
Att• ney -in -fact
3
FIELD NOTES FOR 113.624 ACRES
FIELD NOTES describing a 113.624 acre tract or parcel of land out of the
David Curry Survey, Abstract No. 130, situated in Williamson County, Texas,
being all of that certain 114.75 acres conveyed to Telander Brothers by
deed recorded in Volume 478, Page 107, of the Deed Records of said County,
found this survey to contain 113.624 acres, being more particularly de-
scribed by metes and bounds as follows:
BEGINNING at an iron pin found in the West right -of -way line of Sunrise
Road, County Road No. 115, being the Southeast corner of the remainder of
that certain 87.62 acres conveyed to Tom Bones and Charles S. Caldwell,
Trustee, by deed recorded in Volume 608, Page 323, of said Deed Records,
and the Northeast corner of said 114.75 acres, being the Northeast corner
hereof;
THENCE along said West right -of -way line, being the East line hereof,
S17 ° 45'E, 2230.55 feet to an iron pin found by a corner post, being the
Northeast corner of that certain 22.092 acres conveyed to the Veterans Land
Board by deed recorded in Volume 511, Page 459, of said Deed Records, being
the Southeast corner hereof;
THENCE along the fenced North line of said 22.092 acres, being the South
line hereof, the following three (3) courses:
1) S70 ° 02'50 "W, 1221.68 feet to an iron pin set under said fence, being an
angle point hereof;
2) S70 °32'50 "W, 920.43 feet to an iron pin found under said fence, being
an angle point hereof;
3) S34 ° 04'30 "W, 20.59 feet to an iron pin found, being the Southwest cor-
ner hereof;
THENCE along the fenced East line of that land conveyed to Leon E. Behrens,
being the West line hereof, the following three (3) courses:
1) N19 "W 908.70 feet to an iron pin set, ben ab, angle point here-
of; b ..
2) N19 ° 57'W, 460.31 feet to an iron pin set, being an angle point hereof;
3) N19 ° 48'W, 902.69 feet to an iron pin set in the fenced South line of
that certain 94.39 acres conveyed to McNeil Laboratory, Inc., by deed re-
corded in Volume 657, Page 659, of said Deed Records, being the North line
of said David Curry Survey, being the Northwest corner hereof;
THENCE along the fenced South line of said 94.39 acres, being a North line
hereof, N70 ° 30'E, 618.09 feet to an iron pin found in the West line of said
87.62 acres, being the Southeast corner of said 94.39 acres, being an ell
corner hereof;
THENCE along the fenced West line of said 87.62 acres, S12 ° 12'40 "E, 3.03
feet to an iron pin found, being the Southwest corner of said 87.62 acres,
being an ell corner hereof;
THENCE along the fenced South line of said 87.62 acres, being a North line
hereof, the following two (2) courses:
1) N71 ° 28'30 "E, 225.71 feet to an iron pin found, being an angle point
hereof;
2) N71 ° 04'45 "E, 1399.38 feet to the POINT OF BEGINNING of the herein de-
scribed tract of land containing 113.624 acres of land more or less.
I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that
these field notes and attached plat accurately represent the results of an
on- the - ground survey made under my direction and supervision on the 9th day
of May, 1983. All corners located are as shown. There are no encroach-
ments, conflicts or protrusions apparent on the ground except as shown.
HAYNIE & KALLMAN, INC.
even 1. a man,
Registered Public Surveyor No. 3337
i
LPL_
Date
5-1 -U
VOL 96O?AGE 946
FIELD NOTES OF 33.836 ACRES (TRACT "A ")
FIELD NOTES describing a 33.836 acre tract or parcel of land out of
the Ephriam Evans Survey, Abstract 212, situated in Williamson County
Texas, being a portion of the ramainder of that certain 94.39 acre
tract conveyed to McNeil Laboratories, Inc., by deed recorded in Vol-
ume 657, Page 659 of the Deed Records of Williamson County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found under a fence in the South right —of—
way line of Chandler Road (County Road No. 114), being the Northeast
corner of the remainder of said 94.39 acre tract, for the Northeast
corner and POINT OF BEGINNING of the hereinafter described 33.836
acre TRACT "A ";
THENCE along said fenced East line of said 94.39 acre tract, for the
East line hereof, S19 ° 54'10E, 2337.29 feet to an iron pin found near
a fence corner, being the Southeast corner of said 94.39 acre tract,
for the Southeast corner hereof;
THENCE along said fenced South line of said 94.39 acre tract, for the
South line hereof, S69 ° 53'W, 630.00 feet to an iron pin set under
said fence, for the Southwest corner hereof;
THENCE departing said fenced South line of said 94.39 acre tract, for
the West line hereof, N 19 ° 54'10 "W, 2341.68 feet to an iron pin set
in said South right -of -way line of said Chandler Road, for the North -
West corner hereof;
THENCE along said South right -of -way line, for the North line hereof,
N70 ° 17'E, 630.00 feet to the POINT OF BEGINNING of the herein des-
cribed TRACT "A ", containing 33.836 acres of land more or less.
1, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on - the—
ground survey conducted under my direction and supervision of the
23rd day of September, 1983. All corners located are as shown.
There are no encroachments, conflicts or protrusions apparent on the
ground, except as shown.
HAYNIE & KALLMAN, INC.
.Steven D. Kallman,
Registered Public Surveyor No. 3337
q- 2 -3-73
Date
EXHIBIT A
. ht.: 7,t
EXHIBIT "A"
(
FIELD NOTES OF 8.452 ACRES (TRACT "B ")
VOL - 960racf 947
EXHIBIT "B"
FIELD NOTES describing an 8.452 acre tract or parcel of land out of
the Ephriam Evans Survey, Abstract 212, situated in Williamson County
Texas, being a portion of the ramainder of that certain 94.39 acre
tract conveyed to McNeil Laboratories, Inc., by deed recorded in Vol-
ume 657, Page 659 of the Deed Records.of Williamson County, Texas,
and a portion of the remainder of that certain 38.58 acre tract con-
veyed to McNeil Laboratories, Inc., by deed recorded in Volume 657,
Page 655 of said Deed Records, and being more particularly described
by metes and bounds as follows:
BEGINNING FOR REFERENCE at an iron pin found under a fence in the
South right - of - way line of Chandler Road (County Road No. 114), being
the Northeast corner of the remainder of said 94.39 acre tract;
thence S70 °17'W, 630.00 feet and S19 ° 54'10 "E, 1866.54 feet to an iron
ptn set for the Northeast corner and POINT OF BEGINNING of the here-
inafter described 8.452 acre TRACT "B ";
THENCE along the East line hereof, S19 ° 54'10 "E, 475.14 feet to an
iron pin set under a fence in the South line of said 94.39 acre tract
for the Southeast corner hereof;
THENCE along said fenced South line of said 94.39 acre tract, for a
South line hereof, S69 ° 53'W, 646.26 feet to an iron pin found at an
angle point in said fence, being the Southwest corner of said 94.39
acre tract, also being the Southeast corner of said 38.58 acre tract,
for an angle point here.of;
THENCE continuing along said fence line, being the South line of said
38.58 acre tract, for a South line hereof, the following two (2)
courses:
1.) S67 ° 45'W, 181.64 feet to an iron pin found under said fence, for
an angle point hereof;
2.) S70 ° 41'W, 20.00 feet to an iron pin found under said fence, being
the most Southeasterly corner of that certain 4.35 acre Addition to
the Henry S. McNeil Community Park, for the Southwest corner hereof;
THENCE along the East line of said 4.35 acre park addition, for the
West line hereof, the following three (3) courses:
1.) NO3 ° 40'E, 121.41 feet to an iron pin found for an angle point
hereof;
2.) N47 ° 43'E, 60.60 feet to an iron pin found for an angle point
hereof;
3.) N25 ° 00'W, 349.17 feet to an iron pin set for the Northwest corner
hereof;
THENCE along the North line hereof, N69 °53 "E, 774.29 feet to the
POINT OF BEGINNING of the herein described TRACT "B ", containing
8.452 acres of land more or less.
I, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on -the-
ground survey conducted under my direction and supervision of the
23rd day of September, 1983. All corners located are as shown.
There are no encroachments, conflicts or protrusions apparent on the
ground, except as shown.
HAYNIE & KALLMAN, INC.
Steven D. Kallman,
Registered Public Surveyor No. 3337
Date
EXHIBIT B
VOL 960P►Gf 948
FIELD NOTES OF 6.880 ACRES (TRACT "C ")
FIELD NOTES describing a 6.880 acre tract or parcel of land out of
the Ephriam Evans Survey, Abstract 212, situated in Williamson County
Texas, being a portion of the ramainder of that certain 94.39 acre
tract conveyed to McNeil Laboratories, Inc., by deed recorded in Vol-
ume 657, Page 659 of the Deed Records of Williamson County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at an iron pin found under a fence in the
South right -of -way line of Chandler Road (County Road No: 114), being
the Northeast corner of the remainder of said 94.39 acre tract;
thence S70 ° 17'W, 630.00 feet and S19 ° 54'10 "E, 1500.36 feet to an iron
pin set in the centerline of a creek, for the Northeast corner and
POINT OF BEGINNING of the hereinafter described 6.880 acre TRACT "C ";
THENCE along the East line hereof, S19 ° 54'10 "E, 366.18 feet to an
iron pin set for the Southeast corner hereof;
THENCE along the South line hereof, S69 ° 53'W, 637.68 feet to an iron
pin set in the centerline of a creek, for the Southwest corner
hereof;
THENCE along the centerline of said
the following eight (8) courses:
1.) N34 ° 14'45 "W, 226.38 feet to an
hereof;
2.) N18 ° 57'45 "E, 45.05 feet to an iron pin set•for
hereof;
3.) N06 ° 45'30 "W, 79.34 feet to an iron pin set for
hereof;
4.) N10 ° 26'30 "E, 69.49 feet to an iron pin set for
hereof;
5.) N23 ° 19'15 "E, 29.41 feet to an iron pin set for
hereof;
6.) N56 ° 03'E, 373.98 feet to an iron pin set
hereof;
7.) N68 ° 40'E, 112.66 feet to an iron pin set
hereof;
8.) S58 ° 11'E, 157.52 feet to an iron pin set
hereof;
9.) S72 ° 59'30 "E, 24.00 feet to the POINT OF BEGINNING of the herein
described TRACT "C ", containing 6.880 acres of land more or less.
f, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on - the-
ground survey conducted under my direction and supervision of the
23rd day of September, 1983. All corners located are as shown.
There are no encroachments, conflicts or protrusions apparent on the
ground, except as shown.
creek, for the West line hereof,
iron pin set for an angle point
Date
EXHIBIT C
for an
for an
for an
. HAYNIE & KALLMAN, INC.
EXHIBIT "C"
an angle point
an angle point
an angle point
an angle point
angle point
angle point
angle point
5 i4;110-1 5.
Steven D. Kallman,
Registered Public Surveyor No. 3337
FIELD NOTES FOR 83.547 ACRES
FIELD NOTES describing an 83.547 acre tract or parcel of land out of the
Ephraim Evans Survey, Abstract No. 212, situated in Williamson County,
Texas, being the remainder of that certain 87.62 acres conveyed to Tom Bones
and Charles S. Caldwell, Trustees, dba Round Rock Investments by deed re-
corded in Volume 608, Page 323, of the Deed Records of said County, being
more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found at the intersection point of the South right -
of -way line of County Road No. 114, Chandler Road, and the West right -of -way
line of County Road No. 115, being the Northeast corner of said 87.62 acres,
being the Northeast corner and POINT OF BEGINNING of the hereinafter
described 83.547 acres;
THENCE along said West right -of -way line, being an East line of said 87.62
acres, for an East line hereof, 518 ° 48'40 "E, 246.45 feet to an iron pin
found, being the Northeast corner of two (2), one (1) acre tract conveyed to
Gary Peterson by deed recorded in Volume 656, Page 799, and Correction Deed
recorded in Volume 660, Page 38, and Volume 660, Page 489, of the Deed
Records of said County, for an ell corner hereof;
THENCE along the North line of said two (2) acres, S73 ° 29'30 "W, 250.25 feet
to an iron pin found, being the Northwest corner of said two (2) acres, for
an ell corner hereof;
THENCE along the West line of said two (2) acres, S19 ° 50'10 "E, 361.02 feet
to an iron pin found, being the Southwest corner of said two (2) acres, for
an ell corner hereof;
THENCE along the South line of said two (2) acres, N70 ° 37'50 "E, 243.49 feet
to an iron pin found in said West right -of -way line, being the Southeast
corner of said two (2) acres, for an ell corner hereof;
THENCE along said West right -of -way line, being an East line of said 87.62
acres, S18 °50'40 "E, 507.53 feet to an iron pin found, being the Northeast
corner of a' one (1) acre tract of land conveyed to L. I. Peterson by deed
recorded in Volume 527, Page 149, of said Deed Records, for an ell corner
hereof;
THENCE along the fenced North line of said one (1) acre, S73 °01'40 "W, 269.95
feet to an iron pin found, being the Northwest corner of said one (1) acre,
for an ell corner hereof;
THENCE along the West line of said one (1) acre, S18 ° 35'E, 161.02 feet to an
iron pin found, being the Southwest corner of said one (1) acre, for an ell
corner hereof;
THENCE along the South line of said one (1) acre, N70 ° 03'40 "E, 269.82 feet
to an iron pin found in said West right -of -way line, being the Southeast
corner of said one (1) acre, for an ell corner hereof;
THENCE along said fenced West right -of -way line being an East line of said
87.62 acres, S18 °36'20 "E, 356.52 feet to an iron pin found, being the North-
east corner of a two (2) acre tract conveyed to Edwin Breaux by deed record-
ed in Volume 644, Page 725, and Correction Deed recorded in Volume 684, Page
604, of said Deed Records, for an ell corner hereof;
THENCE along the fenced North line of said Breaux tract, S71 ° 07'W, 295.03
feet to an iron pin found, being the Northwest corner of said Breaux tract,
for an ell corner hereof;
THENCE along the fenced West line of said Breaux tract, S15 ° 43'15'E, 295.73
feet to an iron pin found, being the Southwest corner of said Breaux tract,
for an ell corner hereof;
THENCE along the fenced South line of said Breaux tract, N71 ° 10'20 "E, 309.58
feet to an iron pin found in said West right -of -way line, being the South-
east corner of said Breaux tract, for an ell corner hereof;
21.04.
STEVEN D. KALLMAN
Date
", THENCE along said fenced West right -of -way line, S18 ° 53'20 "E, 418.68 feet to
an iron pin set, being an angle point hereof;
THENCE continue along said fenced West right -of -way line, S12 ° 50'E, 22.60
feet to an iron pin found, being the Southeast corner of said 87.62 acres,
being the Southeast corner hereof;
THENCE along the fenced South line of said 87.62 acres, being the South line
hereof, the following two (2) courses:
1) S71 ° 18'25 "W, 1399.38 feet to an iron pin set, for an angle point here-
of;
2) S72 °28'W, 225.40 feet to an iron pin found, being the Southeast corner
of a 94.39 acre tract conveyed to McNeil Laboratories, Inc., by deed record-
ed in Volume 657, Page 659, of said Deed Records, and the Southwest corner
of said 87.62 acres, for the Southwest corner hereof;
THENCE along the fenced East line of said 94.39 acres, being the West line
of said 87.62 acres, for the West line hereof, N19 ° 00'W, 2362.26 feet to an
iron pin found in said South right -of -way line, being the Northeast corner
of said 94.39 acres, and the Northwest corner of said 87.62 acres, for the
Northwest corner hereof;
THENCE along said South right -of -way line, being the North line of said
87.62 acres, for the North line hereof, the following three (3) courses:
1) N71 ° 18'25 "E, 1256.74 feet to an iron pin found, being an ell corner
hereof;
2) S20 ° 06'E, 10.38 feet to an iron pin found, being an ell corner hereof;
3) N71 °13'40 "E, 380.58 feet to the POINT OF BEGINNING of the herein
described tract of land containing 83.547 acres of land more or less.
I, Steven D. Kaltman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that
these field notes and attached plat accurately represent the results of an
on- the - ground survey made under my direction and supervision on the 25th day
of February, 1983. All corners located are as shown. There are no en-
croachments, conflicts or protrusions apparent on the ground except as
shown.
HAYNIE & KALLMAN, INC.
Steven D. Kaltman,
Registered Public Surveyor No. 3337
.2 - 2'S—g3
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
r
THIS AGREEMENT is made and entered into on this' day
of , 1984, by and between the City of Round Rock,
Texas ( "City ") and Lexington Development Company, a Texas Limited
Partnership d /b /a Provident Development Co., ( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 67 acres of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 67 acres within the Chandler
Creek Basin, which tract is more particularly described in
Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay 300 wastewater LUE fees at
$100.00 each for a total payment of $30,000.00. As used herein,
an LUE shall be defined according to-the schedule adopted in
Ordinance No. 2128 amending Chapter 10, Section 4.B.(2)(a)(ii),
Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
2
VI.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is' understood and 'agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract'constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
A ST:
J NNE LAND; City Secretary
CITY OF ROUND ROCK
By:
LANDOWNER:
3
H. MILLS,
rney -in -fact
FIELD NOTES
THENCE with the said east line of Sunrise Road:
Date
9 -zz -83
EXHIBIT A
BEING a tract of land out of the N.A. Anderson Survey, Abstract No. 29,
Williamson County, Texas, being a portion of that certain 101.37 acre tract of
land conveyed to Logan E. Bartz and wife Bonnie R. Bartz by deed recorded in
Volume 440, Page 397, Williamson County Deed Records and also being a portion of
that certain 19.44 acre tract of land conveyed to Logan E. Bartz and wife Bonnie
R. Bartz by deed recorded in Volume 448, Page 532, Williamson County Deed
Records and being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod set for the southwest corner of this tract, being on
the east right - of-way line of Sunrise Road (County Road No. 115) and being also
the northwest corner of that tract of land conveyed to the Veteran's Land Board
of Texas by deed recorded in Volume 528, Page 722, Williamson County Deed
Records;
1. N18 °23'07 "W, a distance of 1324.38 feet to an iron rod set;
2. N18 ° 34'24 "W, a distance of 1015.26 feet to an iron rod set;
3. N28 ° 41'36 "E, a distance of 28.72 feet to an iron rod set at the
intersection of the east line of Sunrise Road and the south
right -of -way line of Chandler Road (County Road No. 114) for the
northernmost northwest corner of this tract;
THENCE with the said south line of Chandler Road N72 ° 24'13 "E, a distance of
1298.55 feet to an iron rod set for the northeast corner of this tract;
THENCE leaving the said south line of Chandler Road:
1. S07 ° 19'41 "E, a distance of 1200.73 feet t@ an iron rod set; .
2. S15 ° 46'49 "F., a'distance of 703.86 feet toan iron rod set on the north
line of the said 19.44 acre tract;
THENCE crossing the said 19.44 acre tract 79 ° 51'36 "E, a distance of 847.88 feet
to an iron rod set on the east line of the said 19.44 acre tract;
THENCE pit% LhL, east 1're o' tFe said 19.•.4 acre tract, 02 ° 29'%1 "E, a distanc3
of 334.46 feet to an iron rod set for the southeast corner of this tract, being
the northeast corner of the said Veteran's Land Board tract;
THENCE with the north line of the said Veteran's Land Board tract, S71 °05'40 "W,
a distance of 1801.81 feet to the POINT OF BEGINNING, containing=68:17acres
(2,969,349 square feet) of land, more or less.
I, Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR, do hereby certify that these
field notes and attached plat accurately represent the results jof an
on- the - ground survey made under my direction and supervision on the Z Z day
of Sep4e,.,ber , 1983. All corners located are as shown. There are no
encroachments, conflicts or protrusions apparent on the ground except as shown.
HAYNIE & KALLMAN, INC.
A
imothy E. Haynie, R. No. 2380
State of Texas
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this 5th day of
September, 1984, by and between the City of Round Rock, Texas
( "City ") and Emkay Development Company, Inc.,` a . Nevada
Corporation authorized to do business in Texas, ( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 71.84 acres -of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the "estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I .
Landowner holds record title to 71.84 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay 100 wastewater LUE fees at
$100.00 each for a total payment of $10,000.00. As used herein,
an LUE shall be defined according to the schedule adopted in
Ordinance No. 2128 amending Chapter 10, Section 4.B.(2)(a)(ii),
Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly
Inteceptor, no
plants is being
plant(s) will be
a "first come -
actually needed.
, while Landowner has reserved capacity in the
capacity in the existing or future treatment
reserved. Available capacity in the treatment
allocated to users in the entire service area on
first served" basis as wastewater service is
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V .
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs. -
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
2
IX.
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
ATTEST:
JOANNE LAND, City Secretary
r
CITY OF ROUND ROCK
By:
LANDOWNER:
EMKAY DEVELOPMENT ?OMPANY, INC.
By : , ��f"1444 j II tA440d
W' Liam D. Jam s,
A istant Sec tary
3
ARLSON & DIPPE
SURVEYING COMPANY
FIELD NOTES
TRACT 1
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND PART OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, SITUATED IN WILLIAMSON COUNTY,
TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING OUT OF
THAT CERTAIN 71.838 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TOM E.
NELSON, JR., TRUSTEE, OF RECORD IN VOLUME 922, PAGE 188, OF THE WILLIAMSON
COUNTY, TEXAS, DEED RECORDS, SAID TRACT BEING 71.84 ACRES OF LAND, MORE
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin found for the southwest corner of the said Nelson Tract
being the southwest corner of the herein described tract,
THENCE, N 21 °30'30" W, 924.80 feet to an iron pin for the northwest corner of the
herein described tract,
THENCE, N 72 °12'15" E, 3540.75 feet to an iron pin for the northeast corner of the
herein described tract,
THENCE, with the East line of the herein described tract, the following two (2) courses
and distances; numbered one (1) through two (2):
1. S 18 °26'45" E, 295.96 feet to an iron pin set,
2."' . S 17 °57'30" E, 559.27 feet to an iron pin for the southeast corner of the herein
described tract,
THENCE, with the South line of the herein described tract, the following eleven (11)
courses and distances, numbered one (1) through eleven (11):
1. S 71 °03'15" W, 53.84 feet,
2. S 71 °00'15" W, 119.83 feet, -
3. S 71 °02'30" W, 696.11 feet,
4. S 71 °51'45" W, 5.08 feet,
. 5. S 71 °04'15" W, 59.97 feet,
6. S 71 °03'15" W, 612.43 feet,
7. S 70 °59'15" W, 523.26 feet,
2499 CAPITAL OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78746 • (512) 327 -8290
EXHIBIT "A ", Page 1
Field Notes ,- -Page No. 2
8. S 72 °05'00 ",W, 36.33 feet,
9. S 71 °02'15" W, 540.40 feet, ; rs:
10. S 71 °01'45" W, 261.18 feet,
11. S 71 °20'00" W, 578.05 feet to the PLACE OF BEGINNING containing 71.84
acres of land.
"TO THE SELLER, PURCHASER, TITLE COMPANY AND OTHER PARTIES INTERESTED
IN THE TITLE TO THE PROPERTY SURVEYED:"
The undersigned hereby certifies that this survey was this day made on the ground of
property described hereon and is correct; there are no discrepancies, conflicts or
shortages in area or boundary lines, or any encroachments, or any overlapping of
improvements, or any easements or rights of way except as shown hereon; that such
property has access to and from FM 3406 and the access road to Interstate 35, dedicated
roadways, as shown hereon; that such property is entirely outside the the 100 -year
flood plain, except as noted on the plat.
Dated this the 22nd day of June, 1984.
GW /pb
Job No. 83 -352
June 22, 84 #4
S EVE H BR SO R.P.S. NO. 4248
CARLSON dc DIPPEL SURVEYING COMPANY
EXHIBIT "A ", Page 2
CHANDLER CREEK BASIN WASTEWATER TNTECEPTOR AGREEMENT
(Tract Not Traversed By Tnteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
•
THIS AGREEMENT is made and entered into on this 5th day of
September, 1984, by and between the City of Round Rock, Texas
( "City ") and Emkay Development Company, Inc., a Nevada
Corporation authorized to do business in Texas, ( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 71.84 acres of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor "). must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 71.84 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
• II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay 100 wastewater LUE fees at
$100.00 each for a total payment of $10,000.00. As used herein,
an LUE shall be defined according to the schedule adopted in
Ordinance No. 2128 amending Chapter 10, Section 4.B.(2)(a)(ii),
Code of Ordinances, City of Round Rock, Texas.
III.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability ,shall not affect any other
I V. - .
v.
VI.
VII.
VIII.
2
IX.
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
ATTEST:
JOANNE LAND, City Secretary
3
CITY OF ROUND ROCK
By:
LANDOWNER:
EMKAY DEVfF :MENT OM' ANY, .INC.
By
Wi/X0. D. James
A istant Secr ary
CARLSON & DIPPEL
SURVEYING COMPANY
FIELD NOTES •
TRACT 1
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND PART OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, SITUATED IN WILLIAMSON COUNTY,
TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING OUT OF
THAT CERTAIN 71.838 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TOM E.
NELSON, JR., TRUSTEE, OF RECORD IN VOLUME 922, PAGE 188, OF THE WILLIAMSON
COUNTY, TEXAS, DEED RECORDS, SAID TRACT BEING 71.84 ACRES OF LAND, MORE
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin found for the southwest corner of the said Nelson Tract
being the southwest corner of the herein described tract,
THENCE, N 21 °30'30" W, 924.80 feet to an iron pin for the northwest corner of the
herein described tract,
THENCE, N 72 °12'15" E, 3540.75 feet to an iron pin for the northeast corner of the
herein described tract,
THENCE, with the East line of the herein described tract, the following two (2) courses
and distances, numbered one (1) through two (2):
1. S 18 °26'45" E, 295.96 feet to an iron pin set,
2. S 17 °57'30" E, 559.27 feet to an iron pin for the southeast corner of the herein
described tract,
THENCE, with the South line of the herein described tract, the following eleven (11)
courses and distances, numbered one (1) through eleven (11):
1. S 71 °03'15" W, 53.84 feet,
2. S 71 °00'15" W, 119.83 feet,
3. S 71 °02'30" W, 696.11 feet,
4. S 71 °51'45" W, 5.08 feet,
5. S 71 °04'15" W, 59.97 feet,
6. S 71 °03'15" W, 612.43 feet,
7. S 70 °59'15" W, 523.26 feet,
2499 CAPITAL. OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78748 • (512) 327-8290
EXHIBIT "A ", Page 1
/ Field Not - Page No. 2 .
"TO THE SELLER, PURCHASER, TITLE COMPANY AND OTHER PARTIES INTERESTED
IN THE TITLE TO THE PROPERTY SURVEYED:"
8. S 72 °05'00" W, 36.33 feet,
9. S 71 °02'15" W, 540.40 feet,
10. S 71 °01'45" W, 261.18 feet,
11. S 71 °20'00" W, 578.05 feet to the PLACE OF BEGINNING containing 71.84
acres of land.
The undersigned hereby certifies that this survey was this day made on the ground of
property described hereon and is correct; there are no discrepancies, conflicts or
shortages in area or boundary lines, or any encroachments, or arty overlapping of
improvements, or any easements or rights of way except as shown hereon; that such
property has access to and from FM 3406 and the access road to Interstate 35, dedicated
roadways, as shown hereon; that such property is entirely outside the the 100 - year
flood plain, except as noted on the plat,
Dated this the 22nd day of June, 1984.
GW /pb
Job No. 83 -352
June 22, 84 #4
EVE H. BR SO.' R.P.S. NO. 4248
CARLSON & DIPPEL SURVEYING COMPANY
EXHIBIT "A ", Page 2
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
•
THIS AGREEMENT is made and entered into on this f7'_' day
of _5. , rte_, 1984, by and between the City of Round Rock,
Texas ( "City ") and EOweigA D- 4 E04EF: G. ak,kc,k
( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 141.3' acres of
land located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $ 1;600 '° , and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record' title to 1 ' 4 1 .3 7 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay L wastewater
LUE fees at $100.00 each for a total payment of $ 3 3 900°
As used herein, an LUE shall be defined according to the schedule
adopted in Ordinance No. 2128 amending Chapter 10, Section
4.8.(2)(a)(11), Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed•by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly
Inteceptor, no
plants is being
plant(s) will be
a "first come -
actually needed.
Upon execution
deposit with the City
amount of his prepaid
, while Landowner has reserved capacity in the
capacity in the existing or future treatment
reserved. Available capacity in the treatment
allocated to users in the entire service area on
first served" basis as wastewater service is
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
of this Agreement, Landowner agrees to
a certified or cashier's check in the total
LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
Ix.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon
benefit of the parties hereto and their
representatives, successors and assigns where
agreement.
and inure to the
respective legal
permitted by this
' 4
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision, had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
A EST:
1
. /.t /!/L: ea/. // /.
J'ANNE LAND, City Secretary
CITY
////�� // ROUND .ROCK
By: /6&k 114/4/7`
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this 5 day
of 56 ert- na¬_ , 1984, by and between the City of Round Rock,
Texas ( "City ") and E bwArCL , 0. s. � Ut 1 y4 G . Q v i c1C
( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately dl O
land located within the Chandler Creek Basin, and
acres of
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $ 1 ocx? °O , and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT: -
I.
Landowner holds record title to 9C) acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
TI.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay - 'AGO wastewater
LUE fees at $100.00 each for a total payment of $ 404 000 °°'
As used herein, an LUE shall be defined according to the schedule
adopted in Ordinance No. 2128 amending Chapter 10, Section
4.B.(2)(a)(ii), Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each •
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
pioperty described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be 'commenced between the parties
hereto concerning this Agreement, the party prevailing ;in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
JO
ST:
NE LAND, Ci
y Secretary
CITY OF ROU D4ROCI<
By: AI
0 ,x'1""" 4
STATE OF TEXAS
COUNTY oP WILLIAMSON
Recitals
I.
II.
(Tract Not Traversed By Inteceptor)
FOURTH, DRAFT - 9/5/84
1 ; 4 .._ •
THIS AGREEMENT is made and entered into on this 11 day
of September , 1984, by and between the City of Round Rock,
Texas ( "City ") and INVESTMENT PROPERTY JOINT VENTURE
( "Landowner ").
WHEREAS, Landowner owns approximately 110.1745 acres of
land located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for •the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $ 1,800.000.00 , and
WHEREAS, the City does not have current•funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
Landowner holds record title to 110.1745 ,acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
In order .to assist in the construction of the inteceptor,.
L andowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
'Rock, Texas. Landowner agrees to pay 195.8 wastewater
LUE fees at $100.00 each for a total payment of $ 19,580.00
As used herein, an LUE shall be defined according to the schedule
adopted. in Ordinance No. 2128 amending Chapter 10, Section
4.8.(2)(a)(ii),.Code of Ordinances, City of Round Rock, Texas.
III.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have.the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion,might be
delayed or even cancelled.
Accordingly
Inteceptor, no
plants is being
plant(s) will be
a "first come -
actually needed.
while Landowner has reserved capacity in the
capacity in the existing or future. treatment
'reserved. Available capacity in the treatment
allocated to users in the entire service area on
first served" basis as wastewater service is
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
v .
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorate basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
upon. execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that, the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
A. This contract shall be construed under and in accordance
w:Lth the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
s. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
IX.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be. invalid,
illegal, or Unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
41 ST:
14 /U/[ ' /A . IL/
LAND, City Secretary
CITY OF ROUND, OCR
By • --,�
LAND
•
3
`
PEATY JOINT VENTURE
ER• STMEN
By s mana * partner /Jo n T: Jones, Jr.. •,
50' West 1.. ' Street
Austin, Texas 78701
512- 476 -2631
I • o •o• pis
^ '� +••O.O. TUM 11404
TOMMY R. NOdt-E
RCGISTIMCD PUBLIC sunvcron
•0 .a •QUTM Y •
't 1 FlEED NOTES
all that Certain tract or parcel of land sit uated in the County of Willia State
of Teias, being a portion of the David Curry
oortion of that,eertain 553 acre tract conveyed11byeAdolph[Behrens30o and being a
et al by deed r corded in Vol.
.`s . p 477• n d ,i' 'cinr, the residue of that certain 3.05
acre tract conveyed by A.
vol 269, p. 331 both of the Deed Records of :Ir 11 t amcnn c i r ehty t o % deed recorded in
as follows: Y. Texas. and t;0undcd
•
CECINNING of an iron pin found at a fence corner at the most Easterly southeast corner
of the said 553 acre Behrens tract. Sane al'e Leine Ihe, southwest corner of a 113.6 4
.•c'e tract conveyed by Clarence A. lelanrirr ,•t ,,l 11, i'r•ovid,.,,t Devolona . 2
:. deed recorded in Vol. 930, p. 850. s.ui' al.r I . , .
acre tract conveyed , :n the north lln,ent fCri�,dnv
and Purchase, from of Assign°, toto•� :. r land Board, tnut,art Sale
deed recorded in Vol. 553, p. 115 ""e' I Crouch et u :, Assignee
:HENCE S 73' 16' W along the north line of the said
an iron pin set for corner, ;'2.092 Jere tract, 1350.0 ft, to
acre inapt seine for
being sane being the most r.estr:rly corner of the said 22.092
conveyed by Robert L. Bower steri`l, ^ L'y d
.ol. 650, p. 179; r acre Tract :e. .l
y deed recorded in
'HENCE S )2' 50' W along the north line of the said :11.0193 acre tract, 429.82 ft.
to
an iron pin set in the center of Chandler Creek;
:o(NCE in a Southwesterly and Northwesterly direction along the center of h andler
Creek and the north line of the said 20.0193 acre tr,,r . is f
of (
handler 32° 50' W. 30,80 ft.; allows:
S 40' 32' W, 29.34 ft.;
N 85' 22' W, 82.39 ft.;
N 75' 42' W. 74.86 ft.;
N 84' 55' W, 106.30 ft.:
N 75' 33' W. 34.13 ft.;
'1 68' 27' W. 66.49 ft.;
S 89' 00' W. 49.82 ft.;
S 65° 43' W, 28.84 ft.:
N 87° 19' W, 17.12 ft.:
S 73° 38' W. 32.20 ft.:
N 31° 57" w, 16.25 ft.;
N 74° 27' W, 57.41 ft.;
N 43. 30' W, 46.65 ft.;
S 89" 35' w, 1 ft.:
S 87' 06' W, 28.46 ft.:
N 72° 33' W, 30.02 ft.;
N 81° 35' W. 40.31 ft.:
N 36° 36' W, 45.61 ft.;
11 8 18'. W,.13.84 ft.;
N 40° 54',W, 19.24•ft.;
N 50' 22', w..3).62 ft.;
N 31' 56' W, 29.00 ft.;
N 39 ' 20' (.49.57 ft.
N 36' 32' E, 20.43 ft.; and
N 35' 00' W, 24.59 ft. to an iron pin set for
corner of h+ corner, tract;
being the ,;ost
Westerly northeast Co
• the said 20.0143 ,, ere tr•ac [:
:rIiNCE N 89 "•13' w n
eontinuie
:raft, 537.49 3t. t cont nuing hoon,l.,r line of I,,
Interstate N 9 tt. r No. 35, same heirs t corner to tr•p ca'.I r, I � 1 i 11 airy
tract;
9 the north,.c'st eurnt,r- of the said 20.f)193
THENCE N 5° 52' E along said Highway right- uf•.,,, 1,,,,.. 237
,01t -of -way marker, same! I in the I n( ,, ft. t0 J r:oncrctr
' � �,� v�� tr the let t:
EXHIBIT "A"
Page 1 tit 1
VOL 397riu
7
Ttt[v.c.
0 , ICc 1214, saz.,e
°t•.00NCC r 1.04, •s•.••
/ VOL, 391161
THENCE in a Northeasterly direction continuin
and around said curve, Radius • 5779.6 ft., Lone) Chord y 32" E. w
ft., through a Central Angle of 1 13 9 card Highway r
tin for corner at the southwest corner 1 4 a 6 o Cd ncs. of l2 .10 f t . t, 1n3
oi f 6. a distance Uf convey ft, to
stake also lies in the north line to Car) 6!, Burnette, Trustee by deed recor,feda'in 534 by Leonard 1 , s
ne n
870
of conveyed
o the above., r a 534
'HENCE 5 84• 26' mentioned 3.05 acre Gehre 21' s
n l 5 n 8 of E along the south tine of tract;
the sold 3.05 acre tract, the said 64.874
corner, s e o being 37 ft. to an i acrd tract
''_ ct and
9 the most Southerly iron pin set at fence
along the southeast corner of the said 6q, a
rrCE in a N ortheasterly and Northwesterly 874 acre
of the said northeasterly acre r r e tract;
t a c t and along y n ce e hn e . along the east boundary line
N 9° g a fence lan ,r, follows:
41' E. 237.78 ft.;
N 14 45' E. 147.11 ft.;
N 1 7' 07' E. 137.64 ft.;
N 19' N 34. 47 '1. 61.46 ft. to en iron pin found;
21' E, 158.13 ft.;
4° 06' E. 521.32 ft.
N 31'
12' W, 192.55 ft.; and
N 37 ' 56' w, 0.88 ft.
corner of th 0 said t. B7 an iron pin found for 4
acre tra ct; corner. sam being an interior
* -EN:( N 57. 12' �
a� iron 11 E along the south line most Southerly said 64.874 acre tract,
Southerl
:-act conveyed by Carl Burn ette, 38 f 58
,- ,e also being Trus y l br•st corner of a 38, t to
the m ost Southerly to McNeil laboratories, 58 acre
•• T ^C• to City of Round RockoiVoles of 64 (Vol. conveyed p, 6;5
14.;. acre tract cola )'
..CE N 58 22' 6 • p. 3:30), eyed GY
.'tr the south 1lneeontihuing along the south line of tr.,.
the said 14.064 acre tract, f t,d an roc
•�•i'.CE N 65• t4• E 13U.':y ft. to an it a tract and
the south 4 ine continuing along the south line f °^ pin found;
0 the said 14.064 ° I7O said S an a =re tract and
i
'-:',CE N 69 10' acre tract, 101 37 ft.
..".h the south ' c to an iron pin found;
g along the south lt of the said 38.58 acre tract and
the said 14.064 acre tract,
7 r':r•�E N 70' 55' E continuing 771'33 ft, to an iron
1C4. 'h`•94 ft. p th g along the south line of pin found;
be the most the
Southerly Easterly southeast corner sd 38.58 at
'+cr +eibein Inc. t to City the t a cre tract
Y of Round Rock at (Vol. 871 of a 2.00 acre said . pa acre tract.
�tneast corner of the said 2.00 Ck l. 871, tract conveyed C e tra
" 35 acre tract Conveyed by McNeilab, acr tract, p 37a1••'t ' Sout ft corner by
:' 5] a ft. Y cNeilab, Inc. to City of r Rou nd + Rockt71, p the
?=
} t• 71 an f p h corner of the said orner of a
the south line f tract and at 391.05
(Vol. iVol ;
continuing along P . 369),
o th said 1)1.5g acre
:f +ENCE N 68' 13' E conti tract;
ft. ft. to an iron pin c on ti at a fence then south Tine of tr,�• said 3
t o a n the said fo nd a t a tract and De in same b st acre tract,
a ne acre tract d conveyed by ous " Most Easterly 181.85
" ad a Vol. 657 y Chan Road J '"uthe'lY 1 uthwrs�
. p. 659. same al being cur,• rd ,, Corner of a
'Aid 64.874 in Vo, 8 9 the , ust faSterly�.e t n
, r
� `�UUthc•ast corner deed
F ° 11' E along the south fi
ENCE N 70 of inE
', found 0 t a fence corner post, aline of t said 94 3.7
"•E above fun t a fence
acoe being the most cre tract, 6;7.or ft, to a
'r'`Eb of t 1
on 1 3.24ed re Salle t �•rltcr•i nt,r;r, ^,'
acre Behrens also , Corner of
' ��e .1,-,t r a ;(+ l nor`
cast
Page 2 of 3
THENCE S 20' 04' E along the west line of the said 113.624 acre tract, 902.69 ft.
to an iron pin found;
THENCE 5 20' 12' E continuing along the west line of the said 113.624 acre tract,
460.31 ft. to an iron pin found;
THENCE 5 20' 15' E continuing along the west line of the said 113.624 acre tract,
908.70 ft. to the place of beginning and containing 110.1746 acres of land..
' eld To m y R . Nob)e. Registered Public
liurvyor No. 2097, o hereby e certify the
Y made by 'me On the ground.
Given under my hand and seal this 13th day of October, 1963.
R 1 PUBLIC - SUR'.EYOR --
Page 3 of 3
Sul 397rar 889
pOum DRAFT - 4/5/8
CHANDTER CREEK BASTJt WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor) .
STATE OF TEXAS
COUNTY OP WILLIAMSON
THIS AGREEMENT is made and entered into on this 11� I "da
of Septpmher , 1984, by and between the City of Round Roc
Texas ( "City ") and Realty Investment Joint Venture
( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 75.5 acres o
land located within the Chandler Creek Basin, and j„
WHEREAS, said tract does not presently have access
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order.;
for the tract' to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and I q !••
WHEREAS, the estimated cost of constructing said Inteceptor '''
and related ( improvements is $ 1,800,000.00 , 441 <, ;r;
WHEREAS, the City does not have current-funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORB,H IT.IS
AGREED THAT: r
I .
Landowner holds record title to 75 ,acres within the
Chandler Creek Basin, which tract is more particularly ;descr
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,, -;
Landowner agrees to prepay the wastewater LUE fee as provided for::.
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round 't
Rock, Texas. Landowner agrees to pay 132 wastewater.`
LUE fees at $100.00 each for a total payment of $ 13,200.00
As used herein, an LUE shall be defined according to the schedule
adopted. in Ordinance No. 2128 amending Chapter 10, Section
4.B. (2) (a) (ii) ,.Code of Ordinances, City of Round Rock f ; Texas. '.`'
III. 1,, , ,i
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connectio forleac
aid
P P �
wastewater LUE fee re hereunder. +.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system "and
treatment plant capacity to provide wastewater service for all;
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek 'Basin'' ^ "in
particular. In anticipation of significant growth, the, City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
fI
Accordingly
Inteceptor, no
plants is being
plant(s) will be
a "first come -
actually needed.
which is currently expected to be in operation sometime; in 1987.
However, due to circumstanced the control of the City and '•`;
which are not presently contemplated by the parties, 'the .;,
necessary future collection system and plant expansion might be r.
delayed or even cancelled. '
, while Landowner has reserved capacity in'the'
capacity in the existing or future treatment.'
reserved. Available capacity in the treatment;
allocated to users in the entire service area on'
first served" basis as wastewater' servicei'is
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit,;
for each LUE prepaid herein. In no event whatsoever .shall
Landowner be entitled to a refund of the prepaid. LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied
water LUE fees.
'2
Iv.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner e,
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorate basis{
unless a different allocation is approved by the City. Landowner'
shall not be permitted to transfer or assign his LUE feg'crgdjta
to anyone other than a purchaser of his tract. •
VI.
Upon execution of this Agreement, Landowner agrees toj
deposit with the City a certified or cashier's check in'the toga
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual' coats
directly associated with the design and construction' of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.;'
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual"
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
Ix.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of. the;','
parties created hereunder are performable in Williamson'County,'
Texas. )
B. Should any litigation be commenced between the parties:
hereto concerning this Agreement, the party prevailing in such,
litigation shall be entitled in addition to such other relief "as
may be granted, to a reasonable sum as and for attorney's fees
and costs. I ..
C. This contract shall be binding upon
benefit of the parties hereto and their
representatives, successors and assigns where
agreement.
H.
LAND, City Secretary
By ts mane g partne
5,s West 16th Street
. Austin, Texas 78701
512-476-2631
3
" t's
•
I 1,
,
and inure' to
respective
permittedby,this
D. In case any one or more of the provisions contained in:
this agreement shall for any reason be held to be:invalid,
illegal, or unenforceable in any respect, such invalidity, :
illegality, or unenforceability shall not affect any other',
provision hereof, and this contract shall be construed as if such'
invalid, illegal, or unenforceable provision had .never beep
contained herein. 1
E. This contract constitutes the sole and only agreement'of
the parties hereto and supersedes any prior understandipga or
written or oral agreement between the parties respect4pq4hp
within subject matter.
CITY OF ROUND ROC
By; - A/tde
pacoow N , INVESTMENT
ohn T. Jone
p '
4 ^
e :
r
rNOPERTY DESCRIPTION
11 of ' thatertain tract of land out`,.,! the David Curry Survey,
Abstract No. 130, in Williamson County, being a portion of two
tracts of land as conveyed to Roane H. Pruett and H. J. Rosser, as
recorded in;Volume 479, Page 360, of Williamson County Deed
Records and,2B.268.acres of land out of the David Curry Survey,
Abstract No.- 130, ; - in' , Wilfiamson County, Texas, being a part of
that certain tract of'land conveyed to Thomas R. Joseph, Jr. to
Roane H. Pruett, et al by deed recorded in Volume 479, Page 360 of
the Williamson County Deed Records and described as follows:
BEGINNING` at 'an "iron stake in the West line of a County
Road at the Northeast corner of said Pruett tract;
7• ,
THENCE along the West line of the said County Road,
Sout}} 15 44 East for a distance of 281.34 feet to an
iron stake;
T:iENCE continuing with the West line of said County
Road South 15 44' East for a distance of 26 feet to
an iron stake;
THENCE continuing with the West line of said County
Road South 19° 05' East fur a distance of 401.42 feet to
an iron stake and South 'L9 05' East foi a distant? of
451.90 feet to an iron stake for the Southeast corner
hereof;
THENC& 70 29' West for a distance of 2711.08
feet to.the Southwest corner hereof in the lake;
THENCE North 19 0' West for a distance of 451.90 feet
in''the "lake;
a.«. • it.
THENCE North 19° 0' West for a distance of 33 feet
in the lake;
THENCE.,North 65 ° ,32' 50" West for a distance of 560.86
feet in
Lr.
THENCE North 65 °32' 50" West for a distance of 512.20
feat to an iron "stake in the North fence line of the
said Pruett tract,for the Northwest corner hereof;
THENCE "along the ('North line of the said Pruett tract
as found fenced. and used upon the ground the following
courses:', t if „i
North 74 0' East for
feet to an iron stake;
North 33 35' East for
.feet ".to an iron stake;
North's 70 28' East
feet; ,
• e
South 19 ° , 48'
feet;:
North 70 2' East for a
feet; .• '
North 19%-48' West.for a distance of 299.83
feat;
.
THENCE North 70 °,.28' East for a distance of 1297.48
feet to the PLACE OF BEGINNING and containing 75.5
acres of land more or less.
.•� EXHIBIT A
East for a distance of 302.48
a distance of 1350
a distance of 20.42
for a distance of 408.47
distance of 436.00
STATE OF TEXAS
COUNTY OF WILLIAMSON
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
•
•
•
•
THIS AGREEMENT is made and entered into on this day
of , 19 by and between the City of Round
Rock, Texas ( "City ") and Chisholm Trail Trust, Nicholas Kralj
Trustee, ( "Landowner ").
Recitals
WHEREAS, Landowner owns approximately 9.66 acres of land
located within the Chandler Creek Basin, and
ocfrgo
WHEREAS, said tract does not presently have access to ax�jz
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 9.66 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay 31.88 wastewater LUE fees at
$100.00 each for a total payment of $3,187.80. As used herein, an
LUE shall be defined according to the schedule adopted in
Ordinance No. 2128 amending Chapter 10, Section 4.B.(2)(a)(ii),
Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled. , '
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
IV.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees.
V .
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as he deems advisable. The rights of Landowner
herein conferred shall be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
VI.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State ,of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for_attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal'
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
A EST:
O i '
J. NNE LAND, City Secretary
CITY OUND R�
By:
LANDOWNER:
CHISHOLM TRAIL TRUST
CHANDLER CREEK BASIN WASTEWATER INTECEPTOR AGREEMENT
(Tract Not Traversed By Inteceptor)
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
THIS AGREEMENT is made and entered into on this - day
of , 1984, by and between the City of Round Rock,
Texas ( "City ") and Thomas p. Francis, Trustee and Tom E. Ne1son,a.
Trustee, ( "Landowner "). 61.. 1/4('
Recitals
WHEREAS, Landowner owns approximately 68.83 acres of land
located within the Chandler Creek Basin, and
WHEREAS, said tract does not presently have access to any
municipal wastewater service, and
WHEREAS, an engineering study has determined that in order
for the tract to have access to the City's wastewater system,
certain improvements consisting mainly of a major wastewater
inteceptor ( "Inteceptor ") must be constructed, and
WHEREAS, the estimated cost of constructing said Inteceptor
and related improvements is $1,800,000.00, and
WHEREAS, the City does not have current funds available for
the construction of said Inteceptor, and
WHEREAS, in order to help finance the construction,
Landowner agrees to prepay certain fees, NOW THEREFORE, IT IS
AGREED THAT:
I.
Landowner holds record title to 68.83 acres within the
Chandler Creek Basin, which tract is more particularly described
in Exhibit "A ", attached hereto and incorporated herein.
II.
In order to assist in the construction of the Inteceptor,
Landowner agrees to prepay the wastewater LUE fee as provided for
in Chapter 8, Section 6.K.(10), Code of Ordinances, City of Round
Rock, Texas. Landowner agrees to pay 420 wastewater LUE fees at
$100.00 each for a total payment of $42,000.00. As used herein,
an LUE shall be defined according to the schedule adopted in
Ordinance No. 2128 amending Chapter 10, Section 4.B.(2)(a)(ii),
Code of Ordinances, City of Round Rock, Texas.
City agrees that capacity in the Inteceptor will be reserved
for Landowner's tract on the basis of one LUE connection for each
wastewater LUE fee prepaid hereunder.
However, it is understood and agreed by Landowner that at
the present time the City does not have the collection system and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Chandler Creek Basin in
particular. In anticipation of significant growth, the City has
adopted a five year Capitol Improvement Program which includes
expansion of the collection system and treatment plant capacity,
which is currently expected to be in operation sometime in 1987.
However, due to circumstances beyond the control of the City and
which are not presently contemplated by the parties, the
necessary future collection system and plant expansion might be
delayed or even cancelled.
Accordingly, while Landowner has reserved capacity in the
Inteceptor, no capacity in the existing or future treatment
plants is being reserved. Available capacity in the treatment
plant(s) will be allocated to users in the entire service area on
a "first come - first served" basis as wastewater service is
actually needed.
At the time wastewater LUE fees are due by Landowner for the
property described above, the Landowner shall receive full credit
for each LUE prepaid herein. In no event whatsoever shall
Landowner be entitled to a refund of the prepaid LUE fees.
Credits for prepaid wastewater LUE fees shall not be applied to
water LUE fees. , -
IV.
V.
Landowner shall be entitled to allocate his prepaid LUE fees
to his tract as. he deems advisable. The rights of Landowner
herein conferred. shall ,be deemed to be transferred to any
purchaser of the tract, or portion thereof on a prorata basis
unless a different allocation is approved by the City. Landowner
shall not be permitted to transfer or assign his LUE fee credits
to anyone other than a purchaser of his tract.
2
VI.
Upon execution of this Agreement, Landowner agrees to
deposit with the City a certified or cashier's check in the total
amount of his prepaid LUE fees.
VII.
The City agrees that all funds received by the City pursuant
to the terms of this agreement shall be held by the City in a
special account and shall first be spent for actual costs
directly associated with the design and construction of the
Interceptor. Upon final completion of Inteceptor, excess funds,
if any, shall be deposited in the wastewater oversize account.
VIII.
It is understood and agreed by Landowner that the
improvements contemplated by this agreement do not provide actual
access to his tract, and it may be necessary for Landowner to pay
all or a portion of the cost of connecting lines and related
improvements.
IX.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees
and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
agreement.
D. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
E. This contract constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreement between the parties respecting the
within subject matter.
NE LAND, City Secretary
CITY OF 120 D 0
By:
LANDOWNER:
THOMAS p. FRANCIS, TRUSTEE
3
1tUSTFYE /��
CARLSON & DIPPEL
SURVEYING COMPANY
FIELD NOTES
TRACT 2
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND PART OF
THE DAVID CURRY SURVEY, ABSTRACT NO. 130, SITUATED IN WILLIAMSON COUNTY,
TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING OUT OF
AND PART OF THAT CERTAIN 68.80 ACRE TRACT OF LAND DESCRIBED IN A DEED
TO TOM E. NELSON, JR., TRUSTEE, OF RECORD IN VOLUME 953, PAGE 601, OF
THE WILLIAMSON COUNTY, TEXAS, DEED RECORDS, SAID TRACT BEING 68.83 ACRES
OF LAND, MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin found for the southwest corner of the said Nelson Tract
being the southwest corner of the herein described tract,
THENCE, with the West line of the herein described tract, the
and distances, numbered one (1) through four (4):
1. N 21 °28'00" W, 164.72 feet to an iron pin for
2. With said curve to the right, having a radius
distance of 560.26 feet, and whose chord bears N
3. N 72 °58'30" E, 149.92 feet,
4. N 14 ° 46'30" W, 199.81 feet to an iron pin for
the herein described tract,
EXHIBIT "A ", Page 1
following four (4) courses
the beginning of a curve,
of 5437.24 feet, an are
18 °30'30" W, 560.01 feet,
the northwest corner of
THENCE, with the North line of the herein described tract, the
and distances, numbered one (1) through (2):
1. N 72 °13'00" E, 2,241.61 feet,
2. N 71 °21'45" E, 743.83 feet to an iron pin for the northeast corner of
the herein described tract,
following two (2) courses
THENCE, with the East line of the herein described tract, the following four (4) courses
and distances, numbered one (1) through four (4):
1. S 18 °26'15" E, 374.50 feet,
2. S 18 °35'30" E, 256.17 feet,
3. N 71 °36'00" E, 401.15 feet
4. S 18 °28'15" E, 306.02 feet, to an iron pin for the southeast
the herein described tract,
2499 CAPITAL OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78746 • (512) 327 -8290
corner of
Field dotes = Page No. 2
THENCE, with the South line of the herein described tract, S 72 °12'15" W, 3,540.75 feet
to othe PLACE OF BEGINNING, containing 68.83 Acres of Land.
"TO THE SELLER, PURCHASER, TITLE COMPANY AND OTHER PARTIES INTERESTED
IN THE TITLE TO THE PROPERTY SURVEYED:"
The undersigned hereby certifies that this survey was this day made on the ground of
property described hereon and is correct; there are no discrepancies, conflicts or
shortages in area or boundary lines, or any encroachments, or any overlapping of
improvements, or any easements or rights of way except as shown hereon; that such
property has access to and from FM 3406 and the access road to Interstate 35, dedicated
roadways, as shown hereon; that such property is entirely outside the the 100 -year
flood plain, except as noted on the plat.
Dated this the 22nd day of June, 1984.
GW /pb fic-°-E -OF >
Job No. 83 -352 .<?•.' :fq
June 22, 84 #4 y' ` i
•
STEVE H. BRYSON
4213
.. / I
C
EXHIBIT "A ", Page 2
.P.$. NO. 4248
L SURVEYING COMPANY
FIELD NOTES FOR 148.616 ACRES
FIELD NOTES describing a 148.616 acre tract or parcel of land out of the George
W. Glasscock Survey, Abstract No. 267, situated in Williamson County, Texas,
being all of that certain 150 acres conveyed to George Matthews by deed recorded
in Volume 457, Page 08, of the Deed Records of said County, found this survey to
contain 148.616 acres as fenced and occupied upon the ground, being more
particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at the southeast corner of the
Abstract No. 130, being the ,most southerly southwest
Glasscock Survey; thence N01 ° 15'10 "E, 2157.0 feet to an
northeast right -of -way line of Sunrise Rd., County Rd. No.
the west line of the J.B. Jester tract, being the most
corner and POINT OF BEGINNING of the hereinafter described
David Curry Survey,
corner of said George
iron pin set in the
115, being a point in
southerly southeast
148.616 acres;
THENCE along the partially fenced northeast right —of —way line of said Sunrise
Rd., being a south line hereof, N89 ° 54'10 "W, 654.57 feet to an iron pin set at a
fence post, being an angle point hereof;
THENCE N66 ° 22'W, 36.39 feet to an iron pin set at a fence post, being an angle
point hereof;
THENCE N32 ° 20'W, 26.65 feet to an iron pin set at a fence post, being an angle
point hereof;
THENCE along the fenced east right —of —way line of
west line hereof, the following three (3) courses:
1. N19 ° 20'W, 1103.84 feet to an iron pin set at a fence post, being an
angle point hereof;
2. N19 ° 42'40 "W, 898.07 feet to an iron pin set at a fence post, being an
angle point hereof;
3. N19 ° 29'50 "W, 496.87 feet to an iron pin set at a fence corner post,
being the southwest corner of the remainder of a 123.33 acre tract
conveyed to 0.A. Boydston, et ux, by deed recorded in Volume 560, Page
514, of said Deed Records, being the northwest corner hereof;
THENCE along the fenced south line of said Boydston tract and a portion of the
south line of the Lewis N. White tract, being the north line hereof, the fol—
lowing five (5) courses:
1. N70 ° 37'E, 983.94 feet to an iron pin found, being an angle point
hereof;
2. N70 ° 41'E, 163.87 feet pass an iron pin found and continue a distance
of 164.12 feet, in all being a total distance of 327.99 feet to an
iron pin found, being an angle point hereof;
3. 870 ° 39'40 "E, 328.37 feet to an iron pin found, being an angle point
hereof;
4. N70 °41'40 "E, 409.65 feet to an iron pin found, being an angle point
hereof;
5. N71 ° 02'10 "E, 822.59 feet to an iron pin set at a fence corner post,
being the northwest corner of the Oscar Quick, Jr. tract, being the
northeast corner hereof;
said Sunrise Rd., being the
THENCE along the partially fenced west line of said Quick tract, being the east
line hereof, the following two (2) courses:
1. S19 ° 09'50 "E, 1907.46 feet to a 60 D nail set in an 18 -inch Oak Tree,
being an angle point hereof;
2. S18 ° 40'E, 210.61 feet to an iron pin set at a fence corner post in the
north line of said J.B. Jester tract, being the most easterly south—
east corner hereof;
THENCE along the fenced north line of said J.A. Jester tract, being a south line
hereof, S71 ° 06'W, 2003.41 feet to an iron pin set at a fence corner post, being
the northwest corner of said Jester tract, being an angle point hereof;
THENCF, along the fenced west line of said Jester tract, S02 ° 09'40 "E, 690.49 feet
to the POINT OF BEGINNING of the herein described tract of land containing
148.616 acres of land, more or less.
I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these
field notes and attached plat accurately represent the results of an
on— the — ground survey made under my direction and supervision on the 457 day
of A , 1983. All corners located are as shown. There are no
encroachments, conflicts or protrusions apparent on the ground except as shown.
HAYNIE & KALLMAN, INC.
4" A4
Timothy Haynie, "R.P. / o. 2380
Date
FIELD NOTES FOR RAY GILL:
BEING 37.28 acres of land, situated in the David Curry Survey,
Abstract No. 130, in Williamson County, Texas. Said land being
a portion of that certain tract of land, called 41.93 acres, as
conveyed to Joe M. Saunders by deed as recorded in Volume 517,
Page 626, of the Deed Records of Williamson County, Texas.
Surveyed on the ground in the month of November, 1982, under the
supervision of R. T. Magness, Jr., Registered Public Surveyor
and being more particularly described as follows;
BEGINNING at an iron pin found on the west line of County Road
No. 115, marking the most northerly N.E. corner of the above -
referenced Saunders Tract, for the N.E. corner hereof;
THENCE, S 19 32' E, 507.93 feet to an iron pin found at a bend
in the said County Road, marking an interior corner of the said
Saunders Tract, the most easterly S. E. corner hereof;
THENCE, S 64 50' W, 440.25 feet to an iron pin set for an
interior corner hereof;
THENCE, S 19 00' E, 377.23 feet to an iron pin set on the south
line of the said Saunders Tract, for the most southerly S. E.
corner hereof;
THENCE, S 76 48' W, 1,655.71 feet to an iron pin set at a creosote
corner post marking the S. W. corner of the said Saunders Tract, for
the S. W. corner hereof;
THENCE, N 17 55' W, 765.12 feet to an iron pin found marking the N.W.
corner of the said Saunders Tract, for the N.W. corner hereof;
THENCE, N 71 00' E, 2,065.90 feet to the Place of BEGINNING and
containing 37.28 acres of land.
STATE OF TEXAS
COUNTY OF WILLIAMSON I
KNOW ALL MEN BY THESE PRESENTS:
I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify
that the above - described tract of land was surveyed on the ground
under my personal supervision during the month of November, 1982,
and that said description is true and correct to the best of my
knowledge and belief.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson
County, Texas, this the 22nd day of February, 1983, A. D.
lh
Job No. S 7708
Registered Ppb
is Sury y , Nom "j
State of Texa < a.
r
\,'(r;\ 7 '_c ^er 6 B1.33c11, inc.
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\`�// P 0 LO% L•0 • GEORGETOWN. T% I8C?0
1J
FIELD NOTES
3214,
BEING 146.54 ACRES OUT OF THE ABEL L. EAVES SURVEY A -215,
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT OF LAND CONVEYED TO BENJAMIN FINIS BUSTIN AND WIFE, OLLIE
BELLE BUSTIN, AND JOHN H. MAY AND WIFE,' GRACE JOSEPHINE MAY BY
DEED RECORDED IN VOLUME 407, PAGE 186, WILLIAMSON COUNTY DEED
RECORDS, SAID 146.54 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod set in the south line of Chandler
Road (Co. Rd. 115) for the northeast corner of the herein
described tract, same being the northwest corner of that tract of
land described as Ninth Tract in a deed to Ohas. Needham Avery,
Jr. et al, and recorded in Volume 305, Page 228, Williamson
County Deed Records;
THENCE, with the south line of Chandler road and fence, S71
18'28 "W, a distance of 1282.14 feet to an ,iron rod set in fence
for the northernmost northwest corner hereof, from which the
northeast corner of that tract of land described in a deed to
August H. Peterson and recorded in Volume 358, Page 171,
Williamson County Deed Records bears S71 18'28 "W, 625.00 feet;
THENCE leaving the south line of Chandler Road, over and
accross the said Bustin Tract, the following two(2) courses and
distances:
(1) S19 29'56 "E, 418.22 feet to an iron rod set;
.and (2) S71 18'28 "W, 625.00 feet to an iron rod set in fence
for the westernmost northwest corner hereof, being on the east
line of the said Peterson Tract, and from which the northeast
corner of the said Peterson Tract bears N19 29'56 "W,
418.22 feet;
THENCE, with the east line of the said Peterson Tract as
found fenced and used upon the ground, the following four(4)
courses and distances:
(1) S19 29'56 "E, 501.27 feet to an iron rod set;
(2) S18 54'34 "E, 1377.93 feet to an iron rod set;
(3) 518 38 "41 "E, 243.88 feet to an iron rod set;
and (4) S18 05'53 "E, 121.46 feet to an iron rod set at an
angle point of a meanering fence;
THENCE leaving fence, 519 01'30 "E, at approximately 78 feet
passing the norhtheast corner of that tract of land described in a
deed to F.M. Sherrill and recorded in Volume 364, Page 300,
Williamson County Deed Records, continuing on in all 1028.94 feet
to a railroad spike found at the northwest corner of that tract of
land described in a deed to Lewis N. White and recorded in Volume
305, Page 246, Williamson County Deed Records for the southwest
corner hereof;
THENCE with the north line of the said White Tract,
N70 22'15 "E, a distance of 24.21 feet to a railroad spike found
at a fence corner;
THENCE with fence N70 53'34 "E, a distance of 1443.30 feet to
a railroad spike found at the notheast corner of the said White
Tract, being on the west line of the said Avery Tract and being
also the southernmost southeast corner hereof;
THENCE with fence N09 18'35 "W, a distance of 360.70 feet to
an iron rod set at fence corner on bluff;
THENCE with fence and bluff, the following four(4) courses
and distances:
(1) N74 00'18 "E, 93.83 feet to an iron rod set;
( s;r (2) S63 26'43 "E, 128.65 feet to an iron rod set at fence
corner and beginning of rock wall;
(3) S77 53'14 "E, 84.64 feet to a PK nail set at turn in
rock wall;
and (4) N65 56'34 "E, 106.40 feet to an iron rod set at
fence corner and end of rock wall;
THENCE with fence the following two(2) courpea and
distances:
(1) N46 04'26 "E, 8.96 feet to an.iron rod set;
(2) N61 07'59 "E, 125.19 feet to a PK nail set in rock
wall for the easternmost southeast corner hereof;
THENCE with rock wall and continuing along west line of the
said Avery Tract, the following three(3) courses and distances:
(1) N37 44'03 "W, 911.06 feet to a PK nail set in turn
of rock wall;
(2) N15 12'48 "W, at approximately 60 feet passing the
end of rock wall, and continuing on in all 666.55
feet to an iron rod set in fence;
and (3) N15 03'37 "W, 1905.38 feet to the POINT OF BEGIN-
NING, containing 146.54 acres of land more or less.
I,Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR, do hereby
certify that these field notes and attached plat accurately
represent the results of an on- the - ground survey made under my
direction and supervision on the 1st day of November, 1983. All
corners located are - as shown. There are no encroachments,
conflicts or .protrusions apparent on the ground except as shown.
HAYNIE AND KALLMAN, INC.
Timoth Haynie/
R.P.S. No. 2380