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R-85-671 - 1/10/1985RESOLUTION NO. (O 7/ WHEREAS, there is a large area within the northeastern portion of Round Rock's water service area that does not have access to any municipal water service, and WHEREAS, an engineering study has determined that in order to provide water service to the area, certain improvements consisting of a water transmission main and storage tank must be constructed, and WHEREAS, the estimated cost of constructing the improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said improvements, and WHEREAS, several of the landowners within the area are willing to prepay water LUE fees to finance the construction of the improvements, and WHEREAS, the Council desires to enter into written agreements with the landowners whereby they would finance the construction of the improvements in exchange for a reduction in the LUE fee and for reserved capacity in the improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock is hereby authorized and directed to execute on behalf of the City, written agreements with several landowners to provide for prepaid fees to construct the needed improvements. RESOLVED this 10th day of January, 1985. ATTEST: f i�...l .I . J NNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock STATE OF TEXAS NORTHEAST ETJ WATER SYSTEM IMPROVEMENTS AGREEMENT COUNTY OF WILLIAMSON • • • • THIS AGREEMENT is made and entered into on this day of , 1985, by and between the City of Round Rock, Texas, ( "City ") and , ( "Landowner "). Recitals WHEREAS, Landowner owns approximately acres of land located within the Northeastern portion of Round Rock's extraterritorial jurisdiction, and WHEREAS, said tract does not presently have access to any municipal water service, and WHEREAS, an engineering study has determined that in order for the tract to have access to the City's water system, certain improvements consisting mainly of water transmission mains and storage tank (hereinafter referred to as Water System Improvements) must be constructed, and WHEREAS, the Water System Improvements are more particularly described in Exhibit "A ", attached hereto and incorporated herein, and WHEREAS, the estimated cost of constructing said Water System Improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said Water System Improvements, 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 acres, which tract is more particularly described in Exhibit "B ", attached hereto and incorporated herein. II. In order to assist in the construction of the Water System Improvements, Landowner agrees to prepay the water LUE fee as provided for in Chapter 8, Section 6.J(4), Code of Ordinances, City of Round Rock, Texas. Landowner agrees to pay water LUE fees at $200.00 each for a total payment of $ As used herein, an LUE shall be defined according to the schedule adopted in Ordinance No. 2128 amending Chapter 10, Section 4.A(6)(a), Code of Ordinances, City of Round Rock, Texas. City agrees that capacity in the Water System Improvements will be reserved for Landowner's tract on the basis of one LUE connection for each water LUE fee prepaid hereunder. However, it is understood and agreed by Landowner that at the present time the City does not have the distribution system and well and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the northeastern portion of the ETJ in particular. In anticipation of significant growth, the City has adopted a five year Capitol Improvement Program which includes expansion of the distribution system and water supplies. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary future distribution system and supply expansion might be delayed or even cancelled. Accordingly, while Landowner has reserved capacity in the Water System Improvements, no capacity in the existing or future water supplies is being reserved. Available capacity will be allocated to users in the entire service area on a "first come - first served" basis as water service is actually needed. IV. At the time water 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 water LUE fees shall not be applied to wastewater 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, or to another landowner who has signed a similar contract to help finance the construction of the Water System Improvement described herein. 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, or a bank letter of credit in a form acceptable to the City Attorney. 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 Water System Improvements. Upon final completion of Water System Improvements, excess funds, if any, shall be deposited in the water oversize account. V 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 the 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. ATTEST: JOANNE LAND, City Secretary CITY OF ROUND ROCK By: LANDOWNER: NORTHEAST ETJ WATER SYSTEM IMPROVEMENTS AGREEMENT STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT is made and entered into on this 9e day of 244, ?4,, , 1985, by and between the City of Round Rock, Te as, 'tyn c � and Robert W. Dillard, Trustee, ( "Landowner "). Recitals WHEREAS, Landowner owns approximately 170 acres of land located within the Northeastern portion of Round Rock's extraterritorial jurisdiction, and WHEREAS, said tract does not presently have access to any municipal water service, and WHEREAS, an engineering study has determined that in order for the tract to have access to the City's water system, certain improvements consisting mainly of water transmission mains and storage tank (hereinafter referred to as Water System Improvements) must be constructed, and WHEREAS, the Water System Improvements are more particularly described in Exhibit "A ", attached hereto and incorporated herein, and WHEREAS, the estimated cost of constructing said Water System Improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said Water System Improvements, 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 170 acres, which tract is more particuarly described in Exhibit "B ", attached hereto and incorporated herein. II. In order to assist in the construction of the Water System Improvements, Landowner agrees to prepay the water LUE fee as provided for in Chapter 8, Section 6.J(4), Code of Ordinances, City of Round Rock, Texas. Landowner agrees to pay 825 water LUE fees at $200.00 each for a total payment of $165,000.00. As used herein, an LUE shall be defined according to the schedule adopted in Ordinance No. 2128 amending Chapter 10, Section 4.A(6)(a), Code of Ordinances, City of Round Rock, Texas. City agrees that capacity in the Water System Improvements will be reserved for Landowner's tract on the basis of one LUE connection for each water LUE fee prepaid hereunder. However, it is understood and agreed by Landowner that at the present time the City does not have the distribution system and well and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the northeastern portion of the ETJ in particular. In anticipation of significant growth, the City has adopted a five year Capital Improvement Program which includes expansion of the distribution system and water supplies. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary future distribution system and supply expansion might be delayed or even cancelled. Accordingly, while Landowner has reserved capacity in the Water System Improvements, no capacity in the existing or future water supplies is being reserved. Available capacity will be allocated to users in the entire service area on a "first come - first served" basis as water service is actually needed. IV. At the time water 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 water LUE fees shall not be applied to wastewater 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, or to another landowner who has signed a similar contract to help finance the construction of the Water System Improvement described herein. 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, or a bank letter of credit in a form acceptable to the City Attorney. 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 con- struction of the Water System Improvements. Upon final completion of Water System Improvements, excess funds, if any, shall be deposited in the water 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 unure to the benefit of the parties hereto and their respective legal representatives, successors and assigns where permitted by the 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. ATTEST: Q'. ,/ c nj/nifi eea/Ylt,c i JO NNE LAND, City Secretary CITY OF ROUND ROCK By: i LANDOWNER: Robert W. Dillard, Trustee v E • teTC. k 1g fi C ad( tv. ikE,1 / P 2:87-1,z7°7;7—‘7 cit. (OA &c, A xt41 zltra ftsAul Z(g,1 MA; 4 0 00 dt 2.2_ 0 ‘ // i_AwVaLrtA. 'k 71 \I ,CE / -0 - -,- 0 0 1 r: k 23 OS . k ;4 q ..,..- 2 ) / PwLk . lti1/4, . 143,100''' (it- a P I / 0 dk froN _qp-In9_ 3 '50''' dc l'illc / rovfes i 0 IRAVO,Lia ( v A cji , g 0 0" GL u)3 -gi3-z / MAW: &. 3 8Z ■.■ 1 DEPOSITED WITH 'r 4 FIRST NATIONAL BANK ACCOUNT NO OF ROUND ROCK 9 /1 ROUND ROCK, TEXAS C_ 'TY )"' LA ) - )75 - CHECKS AND OTHER ITEMS ARE RECEIVED FOR DEPOSIT SUBJECT TO THE TERNS AND CONDITIONS OF THIS BANK S COLLECTION AGREEMENT 19 AA: / C R NI ' It COIN C HECKS DUPLICATE TOTA L S DOLLARS iLL CENTS ) r NORTHEAST ETJ WATER SYSTEM IMPROVEMENTS AGREEMENT STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT is made and entered into on this day of , 1985, by and between the City of Round Rock, Texas, ( "City ") and Robert W. Dillard, Trustee, ( "Landowner "). Recitals WHEREAS, Landowner owns approximately 170 acres of land located within the Northeastern portion of Round Rock's extraterritorial jurisdiction, and WHEREAS, said tract does not presently have access to any municipal water service, and WHEREAS, an engineering study has determined that in order for the tract to have access to the City's water system, certain improvements consisting mainly of water transmission mains and storage tank (hereinafter referred to as Water System Improvements) must be constructed, and WHEREAS, the Water System Improvements are more particularly described in Exhibit "A ", attached hereto and incorporated herein, and WHEREAS, the estimated cost of constructing said Water System Improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said Water System Improvements, 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 170 acres, which tract is more particularly described in Exhibit "B ", attached hereto and incorporated herein. II. In order to assist in the construction of the Water System Improvements, Landowner agrees to prepay the water LUE fee as R provided for in Chapter 8, Section 6.J(4), Co d of Ordinances, City of Round Rock, Texas. Landowner agrees to pa P(7.7.5 water LUE 871 fees at $200.00 each for a total payment of $.155,000.06Y As useceill1eo.00 herein, an LUE shall be defined according to the schedule adopted in Ordinance No. 2128 amending Chapter 10, Section 4.A(6)(a), Code of Ordinances, City of Round Rock, Texas. City agrees that capacity in the Water System Improvements will be reserved for Landowner's tract on the basis of one LUE connection for each water LUE fee prepaid hereunder. However, it is understood and agreed by Landowner that at the present time the City does not have the distribution system and well and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the northeastern portion of the ETJ in particular. In anticipation of significant growth, the City has adopted a five year Capitol Improvement Program which includes expansion of the distribution system and water supplies. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary future distribution system and supply expansion might be delayed or even cancelled. Accordingly, while Landowner has reserved capacity in the Water System Improvements, no capacity in the existing or future water supplies is being reserved. Available capacity will be allocated to users in the entire service area on a "first come - first served" basis as water service is actually needed. IV. At the time water 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 water LUE fees shall not be applied to wastewater 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, or to another landowner who has signed a similar contract to help finance the construction of the Water System Improvement described herein. 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, or a bank letter of credit in a form acceptable to the City Attorney. 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 Water System Improvements. Upon final completion of Water System Improvements, excess funds, if any, shall be deposited in the water 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 2 may be granted, to a reasonable sum as and costs. C. This contract shall be binding benefit of the parties hereto and representatives, successors and assigns 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. ATTEST: I 4:.,,L - JOAN E LAND, City Secretary CITY OF ROUND ROCK By. MAitip LANDOWNER: 3 and for attorney's fees upon and inure to the their respective legal where permitted by the Robert W. Dillard, Trdstee EXHIBIT "A" Acre; STATE OF TEXAS COUNTY OF WILLIAMSON: FIELDUOTE DESCRIPTION of a tract or parcel of land situated in the David Curry Survey, abstract No. 130, Williamson County, Te•<as, being all that 160 acre tract and that 5.76 acre tract. conveyed to Willie L. Schroeder by deed recorded in Volume 294, Page 376 of the Williamson County Deed Records as found fenced and occupied on the ground and is more particularly described by metes and bounds as follows; EEGINNING at an iron rod found in the west right -of -way line of County Road No. 115 (Sunrise Road) for the southeast corner of the 160 acre Schroeder tract and the northeast corner of a park area in The Settlement Subdivision Section One as shown on a plat thereof currently approved but unrecorded; THENCE, S 71° 07' 41" W, along the south line of the 160 acre tract as fenced and used upon the ground at 2065.38 feet pass an iron rod found 0.93 feet to the south for the northwest corner of Lot 29, Block A of the above mentioned "The Settlement Section One ", in all 2,066.07 feet to an iron rod found at a fence corner post for the northeast corner of the Texas Baptist Children's Home 24.71 acre tract as described in a deed recorded in Volume 397, Page 506 of the said Deed Records; THENCE, S 71° 13' 38" W, continuing with the fenced south line of the 160 acre tract and the north line of the 24.71 acre tract mentioned above 666.12 feet to an iron rod found at a fence corner for the southwest corner of the 160 acre tract and the southeast corner of a 490.32 acre tract conveyed to E.I. Cerven'Ka as described in a deed recorded in Volume 303, Page 121 of the said Deed Records; THENCE, t1 18° 00' 51" W along the common line between the 160 acre Schroeder tract and the 490.32 acre Cervenka tract as fenced and used on the ground 1161.31 feet to an iron rod found a: .. fence corner for the southeast corner of the 5.76 acre Schroeder tract mentioned above; THENCE, S 71° 47' 19" W, 401.03 feet to an iron rod found at the fenced southwest corner of the 5.76 acre Schroeder tract; TIIENCE, N 18 18' 32" W, 630.63 feet to an iron rod found at a fence corner in the apparent south line of a 169 acre tract conveyed to Edgar Hoppe by deed recorded in Volume 574, Page 390 of the said deed records for the northwest corner of the 5.76 acre Schroeder tract; THENCE N 71 47' 19" E, 404.27 feet to an iron rod set near an old fence corner post in the west line of the 160 acre Schroeder tract for the apparent southeast corner of the 169 acre Hoppe tract; THENCE, N 18° 00' 51" W, with the remains of an old fence 849.04 feet to an iron rod set at a fence corner for the northwest corner of the 160 acre tract, being in the apparent south line of a 28.538 acre tract conveyed to Continental Diversified Investments Company by a deed recorded in Volume 957, Page 449 of the said Deed Records; THENCE, N 71 30' 56" E, with the south line of the 28.538 acre tract as fenced and used upon the ground, 981.40 feet to an angle point is the said fence; THENCE, N 71° 29' 41" E, continuing with the said fence line 367.50 feet to another angle point} EXHIBIT "A ", Page 1 7 Acres rage 2 THENCE, N 70° 41' 41" E, 716.66 feet to an iron pipe found in the said fenced line; THENCE, N 70° 14' 41" E, 621.29 feet to an iron rod found at a fence corner for the southeast corner of the 28.538 acre tract and the northeast corner of the Schroeder 160 acre tract said iron rod being in the west line of the aforementioned County Road No 115; THENCE, S 19 00' 00" E, with the east line of the 160 acre tract and the west line of said County Road No. 115, 2647.85 feet to the PLACE OF BEGINNING CONTAINING within these metes and bounds 169.9185 acres (7,401,650 square feet) of land area. These fieldnotes were prepared from an actual survey on the ground under my direction. �� 5 ktGISTER PUJ SURVEYOR NO. 1999 DATE EXHIBIT "A ", Page 2 STATE OF TEXAS NORTHEAST ETJ WATER SYSTEM IMPROVEMENTS AGREEMENT COUNTY OF WILLIAMSON THIS AGREEMENT is made and entered into on this day of , 1985, by and between the City of Round Rock, Texas, ( "City ") and Robert W. Dillard, Trustee, ( "Landowner "). Recitals WHEREAS, Landowner owns approximately 170 acres of land located within the Northeastern portion of Round Rock's extraterritorial jurisdiction, and WHEREAS, said tract does not presently have access to any municipal water service, and WHEREAS, an engineering study has determined that in order for the tract to have access to the City's water system, certain improvements consisting mainly of water transmission mains and storage tank (hereinafter referred to as Water System Improvements) must be constructed, and WHEREAS, the Water System Improvements are more particularly described in Exhibit "A ", attached hereto and incorporated herein, and WHEREAS, the estimated cost of constructing said Water System Improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said Water System Improvements, 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 170 acres, which tract is more particularly described in Exhibit "B ", attached hereto and incorporated herein. II. In order to assist in the construction of the Water System Improvements, Landowner agrees to prepay the water LUE fee as provided for in Chapter 8, Section 6.J(4), Code eR Ordinances, R.w� City of Round Rock, Texas. Landowner agrees to pay water LUE g?) p„.4 fees at $200.00 each for a total payment of $�5.5 -rG 8-Cc?' As used I"Woo,00 herein, an LUE shall be defined according to the schedule adopted in Ordinance No. 2128 amending Chapter 10, Section 4.A(6)(a), Code of Ordinances, City of Round Rock, Texas. City agrees that capacity in the Water System Improvements will be reserved for Landowner's tract on the basis of one LUE connection for each water LUE fee prepaid hereunder. However, it is understood and agreed by Landowner that at the present time the City does not have the distribution system and well and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the northeastern portion of the ETJ in particular. In anticipation of significant growth, the City has adopted a five year Capitol Improvement Program which includes expansion of the distribution system and water supplies. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary future distribution system and supply expansion might be delayed or even cancelled. Accordingly, while Landowner has reserved capacity in the Water System Improvements, no capacity in the existing or future water supplies is being reserved. Available capacity will be allocated to users in the entire service area on a "first come — first served" basis as water service is actually needed. IV. At the time water 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 water LUE fees shall not be applied to wastewater 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, or to another landowner who has signed a similar contract to help finance the construction of the Water System Improvement described herein. V I. 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, or a bank letter of credit in a form acceptable to the City Attorney. 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 water System Improvements. Upon final completion of Water System Improvements, excess funds, if any, shall be deposited in the water 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 2 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 the 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. ATTEST: JO NE LAND, City Secretary CITY OF ROUND ROCK By: LANDOWNER: �� T�se_ Robert W. Dillard, Trustee 3 • •; EXHIBIT "A" 1155 Ac -cs tiTATE OF TEXAS COUNTY OF WILLIAt1SON: FIELDUOTE DESCRIPTION of a tract or parcel of land situated in the David Curry Survey, abstract No. 130, Williamson County, Te:;as, being all that 160 acre tract and that 5.76 acre tract. conveyed to Willie L. Schroeder by deed recorded in Volume 294, Fare 376 of the Williamson County Deed Records as found fenced and occupied on the ground and is more particularly described by -fetes and bounds as follows; BEGINNING at an iron rod found in the west right -of -way line of County Road No. 115 (Sunrise Road) for the southeast corner of the 160 acre Schroeder tract and the northeast corner of a park area in The Settlement Subdivision Section One as shown on a plat thereof currently approved but unrecorded; THENCE, S 71° 07' 41" W, along the south line of the 160 acre tract as fenced and used upon the ground at 2065.38 feet pass an iron rod found 0.93 feet to the south for the northwest corner of Lot 29, Block A of the above mentioned "The Settlement Section One ", in all 2,066.07 feet to an iron rod found at a fence corner post for the northeast corner of the Texas Baptist Children's Home 24.71 acre tract as described in a deed recorded in Volume 397, Page 506 of the said Deed Records; THENCE, S 71° 13' 38" W, continuing with the fenced south line of the 160 acre tract and the north line of the 24.71 acre tract mentioned above 666.12 feet to an iron rod found at a fence corner for the southwest corner of the 160 acre tract and the southeast corner of a 490.32 acre tract conveyed to E.I. Cervenka as described in a deed recorded in Volume 303, Page 121 of the said Deed Records; THENCE, N 18 00' 51" W along the common line between the 160 acre Schroeder tract and the 490.32 acre Cervenka tract as fenced and used on the ground 1161.31 feet to an iron rod found at a fence corner for the southeast corner of the 5.76 acre Schroeder tract mentioned above; THENCE, S 71 47' 19" W, 401.03 feet to an iron rod found at the fenced southwest corner of the 5.76 acre Schroeder tract; THENCE, N 18° 18' 32" W, 630.63 feet to an iron rod found at a fence corner in the apparent south line of a 169 acre tract conveyed to Edgar Hoppe by deed recorded in Volume 574, Page 390 of the said deed records for the northwest corner of the 5.76 acre Schroeder tract; THENCE N 71 47' 19" E, 404.27 feet to an iron rod set near an old fence corner post in the west line of the 160 acre Schroeder tract for the apparent southeast corner of the 169 acre Hoppe tract; THENCE, N 18° 00' 51" W, with the remains of an old fence 849,04 feet to an iron rod set at a fence corner for the northwest corner of the 160 acre tract, being in the apparent south line of a 28.538 acre tract conveyed to Continental Diversified Investments Company by a deed recorded in Volume 957, Page 449 of the said Deed Records; THENCE, N 71° 30' 56" E, with the south line of the 28.538 acre tract as fenced and used upon the ground, 981.40 feet to an angle point is the said fence; TUEP:CE, N 71 29' 41" E, continuing with the said fence line 367.50 feet to another angle point; EXHIBIT "A ", Page 1 169.9185 Acres Page 2 THENCE, N 70° 41' 41" E, 716.66 feet to an iron pipe found In the said fenced line; THENCE, N 70° 14' 41" E, 621.29 feet to an iron rod found at a fence corner for the southeast corner of the 28.538 acre tract and the northeast corner of the Schroeder 160 acre tract said iron rod being in the west line of the aforementioned County Road No. 115; THENCE, S 19 00' 00" E, with the east line of the 160 acre tract and the west line of said County Road No. 115, 2647.85 feet to the PLACE OF BEGINNING CONTAINING within these metes and hounds 169.9185 acres (7,401,650 square feet) of land area. These fieldnotes were prepared from an actual survey on the ground under my direction. REGISTER P C--SURVEYOR NO. 1999 EXHIBIT "A" , Page 2 DATE k �l 7 /' /.J � aht&/v (Atx)- orA/ofr y /C)7tL LIDIMIprp , 014 411,1'400111YHIMIIS p>c MIRAINVII C'ASAbYk7 AIS111141111ZI VIII11dIAMI7YYlrQAinlib INI01111304i11 ;11d1an91Nlfl0141.11.6Thti WAYNE 'DAYTpNri -sre lA' 'p' .. _.1: i N2 0023 05 %T_9?g'_Q��F?OFTt j. ,...,,,,u .Th : ; cJ ,_ #.s.tf ; t' '1�j rromo. ,T;Itusiitro„ L _ I {� ii V FIRST NATIONAL SANK OF AUSTIN AUSTIN. TEXAS 1:11119069351: 11'40 4479 fl 11 Armatunmantnnwrxmanusfrattauuttatnemessumannwoususauxunestritrustuatantettemor a motet usulatemenst HART GRAPHICS 82 - 111403 j tAst sse AYNE DAYTON— SPECIAL NORTHRAST ETJ WATER SYSTEM IMPROVEMENTS AGREEMENT STATE OF TEXAS COUNTY OF WILLIAMSON HIS AGREEMENT i of Rock, Texas, (" ity ") • • • • , ( "Landowner "). s made and entered into on this a� --day , 1985, by and between the City of Round and Dayton and Hayden Joint Venture Recitals WHEREAS, Landowner owns approximately 28.538 acres of land located within the Northeastern portion of Round Rock's extraterritorial jurisdiction, and WHEREAS, said tract does not presently have access to any municipal water service, and WHEREAS, an engineering study has determined that in order for the tract to have access to the City's water system, certain improvements consisting mainly of water transmission mains and storage tank (hereinafter referred to as Water System Improvements) must be constructed, and WHEREAS, the Water System Improvements are more particularly described in Exhibit "A ", attached hereto and incorporated herein, and WHEREAS, the estimated cost of constructing said Water System Improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said Water System Improvements, 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 28.538 acres, which tract is more particularly described in Exhibit "B ", attached hereto and incorporated herein. II. In order to assist in the construction of the Water System Improvements, Landowner agrees to prepay the water LUE fee as provided for in Chapter 8, Section 6.J(4), Code of Ordinances, City of Round Rock, Texas. Landowner agrees to pay 19(e water LUE fees at $200.00 each for a total payment of $1c1,ZOO As used herein, an LUE shall be defined according to the schedule adopted in Ordinance No. 2128 amending Chapter 10, Section 4.A(6)(a), Code of Ordinances, City of Round Rock, Texas. City agrees that capacity in the Water System Improvements will be reserved for Landowner'u exact on the basis of one LUI connection for each water LUE fee prepaid hereunder. However, it is understood and agreed by Landowner that at the present time the City does not have the distribution system and well and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the northeastern portion of the ETJ in particular. In anticipation of significant growth, the City has adopted a five year Capitol Improvement Program which includes expansion of the distribution system and water supplies. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary future distribution system and supply expansion might be delayed or even cancelled. Accordingly, while Landowner has reserved capacity in the Water System Improvements, no capacity in the existing or future water supplies is being reserved. Available capacity will be allocated to users in the entire service area on a "first come - first served" basis as water service is actually needed. IV. At the time water 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 water LUE fees shall not be applied to wastewater 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, or to another landowner who has signed a similar contract to help finance the construction of the Water System Improvement described herein. 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, or a bank letter of credit in a form acceptable to the City Attorney. 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 Water System Improvements. Upon final completion of Water System Improvements, excess funds, if any, shall be deposited in the water 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 the 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. ATTEST: City Secretary CITY OF ROUND ROCK By: LANDOWNER: DAYTON AND HAYDEN JOINT VENTURE Ay. 1' V7.,v, f vnt 1089 Face 332 All of that certain tract or parcel of land out of the Oavld Curry Survey,' Abstract 1130, In Williamson County, Texas, hero; a portion of that certain tract of land as conveyed by Thomas R. Joseph, .!r to Roane H. Pruett and N. J. Rosser, as recorded in Yclure 479, Pay 30, of the Deed Pecords of Williamson County-, Texas, said tract ;ring more particul.rly described by metes and bounds as follows: BEGINNING at an iron stake in the West line of a County Road at the South- east corner of the said Pruett tract for the Sautheast corner hereof; THENCE aiong_the South line of the said . r ur•1 t tr.0 t .r•, luund fenced and used upon the ground the following rwrrti,•; S 69 44' W for a distance of 619.1', feel to an iror, •,t S 70 11' W for a distance of 716.66 fret .'u .ur irnr •.take; S 70 59' N for a distance of 3h7.50 lee' to an iron stake; S 71 00' W for a distance of 1001.17 tort t i tf;•' ',uutlwest corner hereof in the lake; THENCE N 19 00' W for a distance of 4Sl '0) 1t rt to the Northwest t.ornr•r hereof in the lake; , 11TENCE N 70 29' E for distance of ;'ir,11.74 l.r•! lu .m iron stake in the West line of the said County fn,jd for the il;n'1:,0•.t rnr:r•r hereof; TLENCE along the west line of the •.,rid County 1 ti 19° OS' E for a distance of 451.90 feet to THE PLACE OF Dl ,1rr.iN and cerrt.linin9 70.533 acre;' of land, more or less. RECORDERS NrEMORANDDbf An or parts of the text on this page was not clearly legible for satisfactory recordation. STATE OF TEXAS COUNTY OF WILLIAMSCN I hereby certify that this Instrument was FILED on the date and at the time stamped hereon by ma; and was duly RECORDED, in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on CT 221984 ' COUNTY CLERK WILLIAMSON COUNTY, TEXAS EXHIBIT "B" it n _0) e ■ STATE OF TEXAS NORTHEAST ETJ WATER SYSTEM IMPROVEMENTS AGREEMENT COUNTY OF WILLIAMSON • • • • • THIS AGREEMENT is made and entered into on this day of , 1985, by and between the City of Round Rock, Texas, ( "City ") and Thomas P. Francis, Trustee and Tom E. Nelson, Jr., Trustee , ( "Landowner "). Recitals WHEREAS, Landowner owns approximately 68.80 acres of land located within the Northeastern portion of Round Rock's extraterritorial jurisdiction, and WHEREAS, said tract does not presently have access to any municipal water service, and WHEREAS, an engineering study has determined that in order for the tract to have access to the City's water system, certain improvements consisting mainly of water transmission mains and storage tank (hereinafter referred to as Water System Improvements) must be constructed, and WHEREAS, the Water System Improvements are more particularly described in Exhibit "A ", attached hereto and incorporated herein, and WHEREAS, the estimated cost of constructing said Water System Improvements is $1,160,000.00, and WHEREAS, the City does not have current funds available for the construction of said Water System Improvements, 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 68.80 acres, which tract is more particularly described in Exhibit "B ", attached hereto and incorporated herein. II. In order to assist in the construction of the Water System Improvements, Landowner agrees to prepay the water LUE fee as provided for in Chapter 8, Section 6.J(4), Code of Ordinances, City of Round Rock, Texas. Landowner agrees to pay 3q 3 water LUE fees at $200.00 each for a total payment of $ 1 % 600 As used herein, an LUE shall be defined according to the schedule adopted in Ordinance No. 2128 amending Chapter 10, Section 4.A(6)(a), Code of Ordinances, City of Round Rock, Texas. City agrees that capacity in the Water System Improvements will be reserved for Landowner's tract on the basis of one LUE connection for each water LUE fee prepaid hereunder. However, it is understood and agreed by Landowner that at the present time the City does not have the distribution system and well and treatment plant capacity to provide water service for all future growth that is expected to occur in the City's water service area in general, or the northeastern portion of the ETJ in particular. In anticipation of significant growth, the City has adopted a five year Capitol Improvement Program which includes expansion of the distribution system and water supplies. However, due to circumstances beyond the control of the City and which are not presently contemplated by the parties, the necessary future distribution system and supply expansion might be delayed or even cancelled. Accordingly, while Landowner has reserved capacity in the Water System Improvements, no capacity in the existing or future water supplies is being reserved. Available capacity will be allocated to users in the entire service area on a "first come - first served" basis as water service is actually needed. IV. At the time water 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 water LUE fees shall not be applied to wastewater 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, or to another landowner who has signed a similar contract to help finance the construction of the Water System Improvement described herein. V I. 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, or a bank letter of credit in a form acceptable to the City Attorney. 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 Water System Improvements. Upon final completion of Water System Improvements, excess funds, if any, shall be deposited in the water 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 the 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. NNE.LAND4 City Secretary CITY OF ROUND ROCK By: LANDOWNER: Thomas P. Fran , Trus om E. Nels rf, Jr. Trustee RL':1SLi) FIELD NOTES: BEING 68.80 acres of land out of the David Curry Survey, Abstract No. 130 in Williamson County, Texas; said land also being the North portion of a certain 140.9087 -acre tract described in a deed from E. 1. Cervenka, et al., to Robert L. Bowers (Trustee). of record in Volume 538, Page 546 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of October, 1983, by R. T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin found in the East margin of old U.S. Highway 81; said point being the S.W. corner of a certain 0.689 -acre tract conveyed by deed from E. 1. Cervenka to Jay L. Wolf, of record in Volume 506. Page 371 of the Deed Records of Williamson County, Texas; said point also being the most westerly N.W. corner of the aforementioned 140:9087 -acre tract; said point also being N 19° 00' W. 4350 feet and S 71° 00' W, 6180 feet from the S.W. corner of the Curry Survey. accor- ding to the records of Williamson County, Texas, for the most westerly N.W. corner hereof; THENCE, following a curve to the left, (R =5679.65 feet) (Long Chord bears S 18° 32' E. 559.65 feet), a distance of 559.88 feet to an iron pin found marking the end of the said curve; THENCE, S 21 29' E, 164.76 feet along the said East margin of U.S. 81 to an iron pin found, from which the S.W. corner of the said 140.9087 - acre tract bears S 21° 29' E. 954.66 feet, marking the S.W. corner hereof; THENCE, N 72 13' E, 3540.56 feet to an iron pin found in the East fence line of the said 140.9087 -acre tract, marking the S.E. corner hereof; THENCE, N 18' 27' W, 306.10 feet along the said East fence line to an iron pin found near a cedar corner post, marking the most easterly N.E. corner hereof; THENCE, S 71° 34' W, 400.82 feet following a fence to an iron pin found near a cedar corner post, marking an interior corner hereof; THENCE, N 18 38' W, 256.45 feet along a fence to an iron pin found at elevation 739.10 feet; said point being in a certain flowage easement granted to Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties, of record in Volume 481, Page 339 of the Deed Records of Williamson County, Texas; THENCE, N 18 27' W, 374.54 feet to an iron pin found near a cedar corner post marking the most northerly N.E. corner of the said 140.9087 - acre tract, marking the most northerly N.E. hereof; THENCE, S 71' 21' W. 743.71 feet along the North fence line of the said 140.9087 -acre tract to an iron pin found at elevation 739.10 feet; said point also being in the aforementioned flowage easement; THENCE, S 72' 13' W. 2242.11 feet continuing along the said North fence line to an iron pin set at the N.E. corner of the said Wolf Tract, for the most northerly N.W. corner hereof; THENCE. S 14' 49' E, 200.00 feet along the East line of the said Wolf Tract, to an iron pin found marking an interior corner hereof; Sieger t B.S3eit, inc. cauun •o t..Oa.Ral — wa.t.oaa I. 0 bt W • at0•01T0W., ft ,taj, EXHIBIT "B ", Page 1 Page 1 of 2 Job No. S1813 - Note: The above - described tract of land is subject to the following easements: STATE OF TEXAS COUNTY OF WILLIAMSON X 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 October, 1983, and that said description is true and correct to the best of ay know- ledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 24th day of October, 1983, A.D. jr FIELD NOTES FOR 68.80 -ACRE TRACT, DAVID CURRY SURVEY, A -130, WILLIAMSON COUNTY, TEXAS, Cont.: THENCE, S 73 14' W, 150.00 feet along the South line of the said Wolf Tract, to the place of BEGINNING and containing 68.80 acres of land. Texas Power 6 Light Company: 233/463, 239/55, 511/492, and 563/477; Lone Star Gas Company (Blanket): 427/232; City of Round Rock, Texas: 548/247; Brushy Creek Water Control and Improvement District No. 1 of Williamson and Hilam Counties: 481/339; Southwestern Bell Telephone Company: 543 /314; and any other easement pertaining to said tract, of record in the Office of the County Clerk of Williamson County, Texas. CC.:■ tuns R1EEhwSO:1 CCA KNOW ALL HEN BY THESE PRESENTS: STATE OF IEXAS COUNTY OF N1LLIAMaON I hereby eerthy that this Instrument was FRED en the date and at the hme stamped hereon by me, and was duly RECORDED, in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on &Leger pi33ctl lnc. Cow$uaeueo *Nor - {Vove►oaa 0. 0 001 IM • atO°OelOwq la 02170 EXHIBIT "B ", Page 2 Page 2 of 2 Job No. S1813-3 Trim NeIsnn Imrstmrnts 512197: -69111 Jim Boles 11011 Norwood Toner 111 West 5rsnnth tit. Austin, 'Fries 7117111 LE . CERT SULT: NG Nort T BO UN DARY