R-87-953 - 2/12/1987RESOLUTION NO. 9.5
WHEREAS, the City Council has determined that it would be
desirable to enter into a contract with the West Round Rock
Water Group, and
WHEREAS, the Council desires to enter into said contract,
NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor is hereby authorized and directed to enter
into on behalf of the City a contract with the West Round Rock
Water Group, a copy of said contract being attached hereto and
incorporated herein for all purposes.
RESOLVED this the /� day of
1987.
ATTEST:
r
41
ne Land, C 00 t Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is
of
Rock, Texas, ( "City ");
Hyland Joint Venture,
Venture No. 1, L & N
( "Participants "); and
( "Project Manager ").
WHEREAS, Participants own or have within their boundaries
4,699.183 acres of land contained in an area generally west of the
city's limits, said area being designated as the "Study Area" in
Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have access to a
sufficient municipal water service, and
WHEREAS, a study performed by the engineering firm of Haynie,
Kallman & Gray, Inc. has determined that in order for the Study
Area to have access to City's water system, certain improvements
consisting of several water lines and one or more elevated tanks
must be constructed, ( "Improvements "), and
WHEREAS, the City requires that the Improvements be oversized
beyond the actual needs of the Participants in order to provide
capacity for future development in the Study Area,
WHEREAS, Haynie, Kallman & Gray, Inc. estimate that the total
cost of constructing said Improvements, including an amount for
contingencies, engineering, inspection, management, and legal fees
is $ , all as set forth in Exhibit "G ", attached
hereto, and
WHEREAS, the City does not have current funds available for the
construction of said Improvements, and
WHEREAS, in order to construct the needed Improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Participants
wish to jointly finance the construction of the Improvements, and
to contract with Riata Management, to administer the construction
of the Improvements, Now Therefore, It is Agreed That:
1.01. Participants own or have within their boundaries the
number of acres of land within the Study Area as indicated below:
1. Fern Bluff M.U.D.
2. Hyland Joint Venture
Hyland North Joint Venture 2,209.540
E.C. Joint Venture No. 1
3. L & N Land Corp. 316.018
4. Tom E. Nelson, Jr., Trustee 1483.219
WTRAG2
2 -9 -87
NAME
WEST ROUND ROCK WATER SYSTEM IMPROVEMENTS AGREEMENT
made and entered into on this day
, 1987, by and between the City of Round
Fern Bluff Municipal Utility District,
Hyland North Joint Venture, E.C. Joint
Land Corp., and Tom E. Nelson, Jr., Trustee,
Riata Management, a sole proprietorship,
Recitals
I.
NUMBER OF ACRES
690.406
MORE
PARTICULARLY
DESCRIBED IN
EXHIBIT
11511
11011
"D"
"E"
2.01. The capacity of the water system Improvements to be
constructed shall be measured in terms of Living Unit Equivalents
(LUE's). For the purpose of this agreement an LUE is deemed to
consume 480 gallons per day of water. Participants require for
their respective tracts of land and the City agrees to provide the
number of LUE's in the Improvements as indicated below:
NAME
1. Fern Bluff M.U.D.
2. Hyland Joint Venture
Hyland North Joint Venture
E.C. Joint Venture No. 1
3. L & N Land Corp.
4. Tom E. Nelson, Jr., Trustee
TYPE OF
RESIDENTIAL UNIT
Single Family Detached
Duplex
Tri -plex, four -plex and
multi - family
II.
2.
LUE's
3,064
6,250
1,400
5,600
The number of LUE's in each segment of the Improvements shall be
allocated to each Participant and City in accordance with Exhibit
"Gn
2.02. The number of LUE's for residential uses shall be
determined as follows:
NUMBER OF
LUE's
1.0
0.9 per unit
0.7 per unit
2.03. For commercial uses which distinctly comply with one of
the following development types, the LUE's of service shall be as
follows:
TYPE OF COMMERCIAL UNIT NUMBER OF LUE'S
Office 1 LUE /3000 Sq.Ft. of Floor Space
Office Warehouse 1 LUE /4000 Sq.Ft. of Floor Space
Retail; Shopping Center 1 LUE /1660 Sq.Ft. of Floor Space
Restaurant; Cafeteria 1 LUE /200 Sq.Ft. of Floor Space
Hospital (Includes Cafeteria) 3 LUE /Bed
Rest Home (Includes Cafeteria) 1 LUE /Bed
For facilities owned and operated by Public Schools, Counties,
Fire Departments serving the public, and churches, the number of
LUE's shall be determined in accordance with the following formula;
Building Area x 6 x Land Area in Acres = LUE's
Land Area
For commercial uses which do not distinctly comply with any of
the preceding development types, the number of LUE's of service
shall be determined pursuant to certified engineers' data furnished
to and approved by the City.
2.04. Participants shall be entitled to allocate their LUEs
to their respective tracts, or any portion thereof, as they deem
advisable. In the event of transfer of title to any respective
tract, or any portion thereof, the City, unless notified as set
forth hereinafter, shall deem that a pro rata number of LUEs are
transferred with the conveyed property in accordance with the ratio
between the area of the conveyed property to the total area of the
property of the Participant owning such property at the inception
of this Agreement. Provided, however, any Participant may designate
in writing to the City the amount of LUEs transferred with the
conveyance of any tract or portion thereof.
2.05. Participants shall not be permitted to transfer or assign
their right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Participant; or
3. Subject to City Council approval, which shall not be
unreasonably withheld, to any property not described
in the Exhibits hereto, provided such property shall
be (i) adjacent and abutting to property described in
the Exhibits hereto, and (ii) owned by a Participant
who rotaino owncrohip now owns the adjacent and
abutting property described in the Exhibits "B"
through "E" hereto.
2.06. All Participants other than Fern Bluff Municipal Utility
District shall be permitted to transfer or assign their right to
LUE's of line capacity to a municipal utility district or a water
supply corporation created with authority over their property within
the Study Area owned by each of them.
2.07. Oversize capacity is required by the City to be built in
the project for a maximum of LUE's which shall be allocated
to the City in accordance with Exhibit "G" to be utilized as the City
shall determine in its sole discretion.
3.01. Project Manager, upon the execution of this Agreement by
all of the Participants, and in consideration of payment to Project
Manager of a management fee of three percent (3 %) of the Revised Cost
(as hereinafter defined) of the Improvements not already constructed,
shall in its name, but on behalf of City, and the Participants:
engage the services of
to complete the plans
Improvements,
obtain the acceptance
specifications,
solicit bids and award any contracts for construction
of the Improvements in compliance with the
requirements of state law governing cities and where
more restrictive, in compliance with the requirements
of the Texas Water Code and the rules and regulations
of the Texas Water Commission relating to water
districts, and other applicable regulations for the
construction of the Improvements,
(d) enter into a contract (which shall include a payment
and performance bond for the full amount of the
contract) with the successful bidder or bidders, for
the construction of the Improvements,
3.
Haynie, Kallman & Gray, Inc.
and specifications of the
of the City of such plans and
do such other acts and deeds as may be reasonably
necessary or appropriate, in order to construct and
administer the construction of the Improvements in
accordance with the plans and specifications, and
proceed with due diligence and to use its best
efforts to accomplish in a timely manner all of the
foregoing.
3.02. Project Manager, Participants, and City agree that any
construction contract entered into for the construction of the
Improvements shall include the following guarantee by the contractor
to the Project Manager and City:
The Contractor warrants the materials and workmanship and
that the work is in conformance with the plans and
specifications included in this contract for a period of
one (1) year from the date of acceptance of the project.
said warranty binds the contractor to correct any work that
does not conform with such plans and specifications or any
defects in workmanship or materials furnished under this
contract which may be discovered within the said one (1)
year period. The Contractor shall at his own expense
correct such defect within thirty (30) days after receiving
written notice of such defect from the City of Round Rock
or Engineer by repairing same to the condition called for
in the contract documents and plans and specifications.
Should the Contractor fail or refuse to repair such defect
within the said thirty (30) day period or to provide
acceptable assurances that such repair work will be
completed within a reasonable time thereafter, the City may
repair or cause to be repaired any such defect at the
Contractor's expense.
and that such guarantee after acceptance of the Improvements by the
City shall be assigned to the City for its benefit and the City shall
look solely to the Contractor and /or Project Manager for remedy of
any defect.
3.03. Within thirty (30) business days after execution of this
Agreement by all parties, each of the respective Participants shall
deposit either (1) an initial letter of credit in the form of the
letter of credit attached hereto as Exhibit "F ", (2) a draw letter of
credit in substantially the form of Exhibit "F -1 ", or (3) cash, with
the Project Manager. The amount of the initial letter of credit or
cash for each Participant shall be the amount set forth on Exhibit
"G" beneath each Participant's name on the line marked "TOTAL
ESTIMATED PARTICIPANT COST ". In the event any Participant fails to
deposit its letter of credit or cash within the time prescribed
above, any other Participant may by written declaration delivered to
the City, Project Manager, and other Participants withdraw as a
Participant without creating an Event of Default hereunder and with
no further liabilities or obligations hereunder. However, upon
deposit of all required letters of credit or cash, even if not timely
received, the option to withdraw shall terminate, except as otherwise
provided in paragraph 3.04. If the nonwithdrawing Participants do not
elect to proceed, this Agreement shall terminate, and any cash and
letters of credit previously deposited shall be returned to the
Participants that deposited them, less any reasonable expenses
theretofore incurred in furtherance of this Agreement. Upon opening
of bids for construction of the Improvements and prior to the
awarding of said construction contracts, the Project Manager shall
notify the Participants of the amount of such bids, the Project
Manager's estimate of the total cost of the Improvements based upon
the accepted bids (including costs other than construction costs,
generally as summarized on Exhibit "G ", such total cost being
hereinafter called the "Revised Cost "), and the amount of each
(e)
(f)
4.
Participant's share of the Revised Cost. The amount of each
Participant's said share of the Revised Cost shall be the sum of the
following: (1) the sum of the prorated costs for each Improvement
described in Exhibit "G ", which prorated costs are each the product
of multiplying each Participant's prorata percentage of each
Improvement times the accepted bid amount for that Improvement, (2)
the sum of the prorated engineering fees, contingency, and inspection
fees for each Participant determined by multiplying the appropriate
percentage times the total of the Participant's prorated costs based
on the improvements described in Exhibit "G ", (3) legal fees of
$3,000.00 per each Participant, and (4) each Participant's prorata
share of the City's oversize share calculated by multiplying each
Participant's prorate percentage of the City's costs times the
accepted bid of the Improvements listed as oversized on Exhibit "G ".
In the event the Revised Cost is greater than the Estimated Cost,
within ten (10) business days after the notice from the Project
Manager, each Participant shall, except as otherwise provided in
paragraph 3.04, deposit an additional (or substitute) letter of
credit or cash in an amount so that such Participant's letter(s) of
credit or cash so deposited is equal to such Participant's share of
the Revised Cost. In the event any Participant fails to deposit the
required additional (or substitute) letter of credit or cash, said
Participant shall be deemed in default of this contract and shall, in
addition to being subject to all remedies provided by law or equity,
forfeit all letters of credit or cash previously deposited. Said
funds derived from the letters of credit or cash, LUE's previously
reserved to such defaulting Participant, and the obligation of the
defaulting Participant to deposit additional cash or letter of
credit, shall be shared prorata by all non - defaulting Participants.
Prior to completion and acceptance of the Improvements by the City a
final Exhibit "G" will be prepared and the cost allocation of LUEs to
the participants will be finally determined.
Non - construction costs shall be equitably prorated among the
Participants. Where non - construction expenses are attributable to
specific line segments, the costs shall be prorated among the
Participants based on their share of said segment. Where
non - construction expenses cannot be attributed to a specific line
segment, the cost shall be prorated among the Participants based on
their total share of the Improvements.
3.04. In the event that the total of the lowest and best bids is
in excess of one hundred twenty percent (120 %) of the Subtotal -
Estimated Construction Contract Cost as shown on Exhibit "G ",
attached hereto, then any of the Participants may elect to withdraw
from this Agreement by written notice to the other parties hereto,
and thereby be entitled to the return of its previously deposited
cash or letters of credit less any reasonable expenses theretofore
incurred in furtherance of this Agreement, provided that such
election to withdraw must be received by the parties hereto within
five (5) business days from the date that Project Manager gives
written notice to the Participants and City of the amounts of the
lowest and best bids. Participants who do not withdraw may elect to
proceed with this contract under the same provisions set forth above
relating to proceeding in the event one or more Participants fail to
make additional deposits upon Revised Cost exceeding Estimated Cost
as provided for in Section 3.03 above. If the nonwithdrawing
Participants do not elect to proceed, this Agreement shall terminate
and any cash and letters of credit previously deposited shall be
returned to the Participants that deposited them, less any reasonable
expenses theretofore incurred in furtherance of this Agreement.
3.05. During construction of the Improvements, Project Manager
shall draw from time to time against the letters of credit or cash
deposited hereunder such amounts as are necessary to pay the cost
of Improvements (costs meaning all costs and expenses incurred by
Project Manager including, but not limited to, engineering,
surveying, legal, accounting, and condemnation costs, and the costs
5 .
and expenses of construction of the Improvements) in accordance
with the terms and provisions of the applicable construction
contract or contracts or agreements with other parties relating to
the construction of the Improvements. As each construction draw is
made an additional draw of two percent (2 %) shall be paid to the
City to reimburse it for its costs of inspecting the Improvements,
and an additional draw of the three percent (3 %) management fee
shall also be paid to Project Manager. Prior to the Project
Manager's drawing against the letters of credit, the Project
Manager shall notify each Participant in writing of the amount that
is necessary to pay the above costs as set out in Exhibit "G ". For
all such notices received by the Participants on or before the
twenty -fifth (25th) day of each month, the Participants shall have
until the tenth (10th) day of the following month to substitute
cash in lieu of a draw against its letters of credit. Any notice
received after the twenty -fifth (25th) day of each month shall be
reviewed and paid in the next following billing cycle.
3.06. It is understood and agreed that Exhibit "G" was prepared
on , 1987, based upon estimated costs of
completion of the Improvements. The parties hereto agree that once
the final construction contracts for the Improvements have been
executed, such Exhibit "G" shall be revised to properly reflect the
actual construction costs as indicated in the construction
contracts. The parties hereto agree to deposit additional or
substitute letters of credit or cash if the said revision to
Exhibit "G" results in construction costs being greater than the
estimate of construction costs on the same basis as outlined in
paragraph 3.03 above upon Revised Cost exceeding Estimated Cost,
which shall be deposited within ten (10) business days after
receiving written notice from Project Manager. The parties hereto
further agree that Project Manager may approve change orders with
the contractors in an aggregate amount not to exceed one percent
(1 %) of the total amount of such construction contracts without
first obtaining the consent of the Participants. Any change orders
shall be added or subtracted on a pro -rata percentage basis to the
amounts shown on Exhibit "G" as appropriate, and prorated among the
Participants in accordance with the manner in which
non - construction costs are prorated as provided in paragraph 3.03
above, and shall be payable, within ten (10) business days after
receipt of written notice from Project Manager.
3.07. Upon completion of construction of the Improvements,
payment of all costs of the Improvements and within thirty (30)
days following acceptance by the City of Improvements, the
unencumbered balances of the letters of credit or cash deposited
hereunder shall be returned by Project Manager to the respective
Participants.
3.08. The City hereby agrees to the following provisions:
(a) The City will provide use of any and all City
rights -of -way and easements that might be reasonably needed by
Project Manager to construct the Improvements and perform its
obligations as herein provided. If necessary in order to provide
further required easements, the City shall initiate eminent domain
proceedings if such public necessity is declared by the City
Council. All costs of acquiring such easements shall be included as
part of the cost of the Improvements.
(b) So long as a Participant is not in default under this
Agreement, the City agrees to design and construct certain water
improvements which shall provide adequate water flow to
Participants through the Improvements being constructed by
Participants, such improvements to include but not necessarily
limited to a transmission line from the water treatment plant south
to Hwy. 1431 sized to provide at a minimum the amount of water flow
which can pass through the Improvements being constructed under
this Agreement. The City agrees to pursue design and construction
6.
of such improvements with due diligence. It is agreed and
understood that the Participants shall have no further obligation
to fund any facilities other than the Improvements to connect to
the City's water system and other than those facilities for which
the financing and /or construction are the subject of other
agreements with the City and certain Participants. However, in the
event the Improvements as designed and constructed are inadequate
to provide the amount of water flow contemplated hereby, the City
shall have no obligation to fund any redesign or upgrade of any of
the Improvements, and such redesign or upgrade shall be the
responsibility of Participants.
(c) Although the Participants acknowledge that this Agreement
does not provide for actual water service, nevertheless the City
does agree to use its best efforts to acquire an adequate supply of
water and to construct the necessary treatment facilities,
transmission lines and appurtenances to provide water in the
Improvements in the amounts contemplated herein.
3.09. In the event any Participant commits an Event of Default
as defined herein, City and /or any non - defaulting Participants nay
enforce specific performance of this Agreement against such
Participant and /or seek damages and costs and attorneys fees as
provided in 7.02 below.
3.10. Each of the following shall constitute an Event of
Default by a Participant hereunder:
(a) failure of such Participant to deposit any letter of
credit or cash or to pay any sum required to be paid by such
Participant under the terms and provisions of this Agreement during
the time periods specified herein; or,
(b) the failure of a Participant to perform any of the other
covenants or obligations on its part contained herein.
3.11. (a) Each Participant shall have the right to review and
comment upon the plans and specifications prior to acceptance by
the City and submission to prospective bidders. The Project Manager
shall notify each Participant in writing that the plans and
specifications are ready for their review and comment and the
Participants shall have five (5) business days to review said plans
and specifications and to submit comments thereon.
(b) Each Participant shall have the right to review and
comment upon the contract for the construction of the Improvements
prior to the execution thereof by Project Manager. The Project
Manager shall notify each Participant in writing that the
construction contract(s) are ready for their review and comment and
the Participants shall have five (5) business days to review said
contract and to submit comments thereon.
3.12. Upon completion of the Improvements in accordance with
the plans and specifications, Improvements shall be the property of
City and shall be operated and maintained by City and the City
shall administer the Improvements in accordance with this Agreement
and the rights of the Participants herein, provided however, the
Participants shall retain the right to and shall have an undivided
interest in the capacity and use of the water transmission lines
equal to their pro rata participation in said lines.
3.13. Nothwithstanding anything in this Agreement to the
contrary, the parties hereto consent to the assignment and transfer
by any Participant of all of its rights and obligations hereunder
to a municipal utility district or a water supply corporation
hereafter created over the property within the Study Area owned by
them.
7.
IV.
4.01. Participants understand that the actual placement of the
water line will result in some tracts being crossed by a line and
some tracts not having immediate access to a line. The Participants
who own tracts actually crossed by the line agree to grant to the
City at no cost, reasonable easements for the placement,
construction, maintenance and repair of the line.
While every attempt will be made to locate the required
easements along property lines and other locations most convenient
to Participants, it is understood this is not always possible. It
is agreed that the final determination of the best location for the
easements will be made by the City in conjunction with Haynie,
Kallman & Gray, Inc.
V.
5.01. As indicated in the attached Exhibit "G ", the
Participants are paying the City's share of this project. The
Participants are entitled to be reimbursed for their contribution
plus interest as provided in Chapter 8, Section 6.J. (4), Code of
Ordinances, City of Round Rock, as— amendod' currently in effect. The
City's obligation herein shall be satisfied by payment in full to
the Project Manager of the Citv's share of the Improvements. The
Proiect Manager shall then distribute the funds to the Participants
in accordance with their agreement.
t o y the
y as full and
Water LUE fees
share of the costs of the project shall
prepayment of required Water LUE fees a
amended. The contributio
considered b
satis
VI.
VII.
8.
red as a
e• for in Chapter 8,
Participant shall be
complete payment and
attributable to that
6.01. This Agreement shall not be construed to exempt
Participants from the payment of any development, service, or
permit fee otherwise required by ordinances of the City, unless
otherwise agreed upon between the individual Participant and the
City.
6.02. This is a water line agreement only. Water supply and /or
service agreements are expressly excluded from this Agreement.
7.01. This Agreement 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.
7.02. 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.
7.03. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns.
7.04. 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 Aontract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
7.05. This Agreement is not intended to amend any written
contracts previously entered into between the City and any
Participants concerning the provision of water service.
7.06. This Agreement shall not become effective unless executed
by all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the Project Manager to the party depositing same. If all parties
execute this Agreement, the effective date shall be the date signed
by the City of Round Rock.
7.07. The City shall indemnify and save harmless each
Participant and its agents and employees from all suits, actions,
or claims of any character, type, or description brought or made
for or on account of any injuries or damages received or sustained
by any person or persons or property, arising out of, or occasioned
by the negligent acts of City or its agents or employees, in the
execution or performance of this Agreement.
7.08. This Agreement may be recorded in the Official Records of
Williamson County by any party herein.
ATTEST:
CITY OF ROUND ROCK
By
Mike Robinson, Mayor (date)
Joanne Land, City Secretary
PARTICIPANTS:
1. FERN BLUFF MUNICIPAL UTILITY DISTRICT
By:
, President (date)
2. HYLAND JOINT VENTURE
By:
General Partner (date)
HYLAND NORTH JOINT VENTURE
By:
General Partner (date)
9.
E. C. JOINT VENTURE NO. 1, a Texas
joint venture
By: Robert Walter Cozean 1986
Trust, joint venturer
By: Harriet Ann Cozean 1986 Trust,
joint venturer
By:
PROJECT MANAGER
By:
By:
Robert T. Cozean, Trustee (date)
By:
Robert T. Cozean, Trustee (date)
By: Tiffanie Cozean 1986 Trust,
joint venturer
By:
Robert T. Cozean, Trustee (date)
By: Mary Lou Cozean 1986 Trust,
joint venturer
By:
Robert T. Cozean, Trustee (date)
By: Debra Sale Trust,
joint venturer
By:
Ed Wendler, Jr., Trustee (date)
3. L & N LAND CORP.
Bruce French, Vice - President (date)
4.
TOM E. NELSON, JR., Trustee (date)
RIATA MANAGEMENT
James Hislop (date)
10.
State of Texas
County of Williamson
This instrument was acknowledged before me on
1987, by Mike Robinson as Mayor of the City of Round Rock.
State of Texas
County of
This instrument was acknowledged before me on
1987, by , president of the board of directors of
Fern Bluff Municipal Utility District.
State of Texas
County of
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
This instrument was acknowledged before me on
1987, by , general partner, on behalf of Hyland
Joint Venture, a Texas joint venture.
State of Texas
Notary Public, State of Texas
Printed Name:
My commission expires:
County of
This instrument was acknowledged before me on
1987, by , general partner, on behalf of Hyland
North Joint Venture, a Texas joint venture.
State of Texas
County of
BEFORE ME, the undersigned authority, on the day
of , 1987, personally appeared Robert T. Cozean,
Trustee, of Robert Walter Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to.the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 1987.
11.
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas
County of
BEFORE ME, the undersigned authority, on the day
of , 1987, personally appeared Robert T. Cozean,
Trustee, of Harriet Ann Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 1987.
State of Texas
County of
BEFORE ME, the undersigned authority, on the day
of , 1987, personally appeared Robert T. Cozean,
Trustee, of Tiffanie Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose' name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 1987.
State of Texas
County of
BEFORE ME, the undersigned authority, on the day
of , 1987, personally appeared Robert T. Cozean,
Trustee, of Mary Lou Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 1987.
12.
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas
County of
BEFORE ME, the undersigned authority, on the day
of , 1987, personally appeared Ed Wendler, Jr., Trustee,
of Debra Sale Trust, joint venturer in E.C. Joint Venture No. 1, a
Texas joint venture, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the capacity therein stated, and as the
act and deed of said Trust in its capacity as a joint venturer of
said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 1987.
State of Texas
County of
This instrument was acknowledged before me on
1987, by Bruce French, Vice President of L & N Land Corp., a Texas
corporation, on behalf of said corporation.
State of Texas
County of
This instrument was acknowledged before me on
1987, by Tom E. Nelson, Jr., Trustee.
State of Texas
County of
13.
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, State of Texas
Printed Name:
My commission expires:
This instrument was acknowledged before me on
1987, by James Hislop, sole proprietor of Riata Management, on
behalf of said proprietorship.
wx 1115°,rOO
t Ltt 1;
FERN
. BLUFF
E.t.a.
NELSON
TRACT
L & N
TRACT
.lcu -
a
[t[aalm 1"4
a.c. war[quxF
BRUSHY
CREEK
o 1. tl. sa wTtAwE
PROPOSED
WEST ROUND ROCK
WATER SERVICE AREA
STORAGE AND TRANSMISSION
IMPROVEMENTS
NELSON
TRACT
BRUSHY
i CREEK
NORTH
I
c,AS . aevarza uxx
EXHIBIT A
OS
A.c. wAl[gtixt
p.r. wgT[nt pxt
LEGEXO
0
VERBAL DESCRIPTION OF PROJECTS
II SYSTEM I0P001E TIENI5 FOR 01-10 CITY OF ROUND !TOED - a2" TRANSMISSION MA 16X
.LONG CM Ia3I. This phase Is reflected as line numbers 105 and 106 In Exhibit A and
.. _hibi1 6 in the participation agreement
0 0 0 E 0 S Y S T E M IMPROVEMENTS FOR 0 1 1 E C I T Y O f ROUND ROCK 30" iNTERCONNEC -TION T R A 1 1 5 M I S S I O N
G I N - p 1 1 A S E A . ' . T h i s p h a s e i n c l u d e s l i n e number 109 a n d l i n e n u m b e r 110 v til it reaches '
_he.soutn asl'eOrrer of Brushy Creek North.
:11ER SYSTEH IMPROVEMENTS FOR ERE CITY OF R011111) ROCK - 30" INTERCONNECTION TRANSMISSION (MAIN'
.SE R. This phase was isolated o rder sides al alternate route
, n9 proposed Artorlal 0. If this alternative doe: 0 fruition. this phase 0111
s:Setially be line number 111 tnd that part of line umber 110 along the south boundary
Br n
ushy Creek North.
CII 1fSTEM IMPROVEMENTS FOR ERE CITY Of 1105110 ROCK. 36" TRANSMISSION MAIN ALONG F. 11, 1131
This phase reflects line nuipbers 107, 100 and 11] along the north boundar.Y
1 O r 1 S h y C r e e k no rth. I t s h o u l d b e n t e d t h a t i f i t becomes n e ary to delineate the pr0jec[%
• 1111055nce with prorate participation, then line number 113 could become a separate phase.
-ATER 51STEN IM5ROV.EMENTS FOR THE CITY Of ROUND 113[1. -- 500.000 GALLON ELEVATED STORAGE RESERVOIR.
Al 5111/115 05EEx IIORTN.
�o[I� aT[Mt1x
Haynie Kall man & Gray, Inc.
Consulting Engineers
Austin,loxas
EXHIBIT B
CARLSON & DIPPRL
SURVEYING COMPANY
FIELD NOTES
EXHIBIT "B ", Page 1
C )
2499 CAPITAL OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78746 • (512) 3278290
Page 1 of 9
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF 71IE J.H. DILLARD SURVEY, ABSTRACT NO. 179, SITUATED IN WILLIAMSON
COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING
THAT CERTAIN 207 ACRE TRACT OF LAND CONVEYED IN A DEED TO FRED C.
OLSON, OF RECORD IN VOLUME 320, PAGE 306 OF THE WILLIAMSON COUNTY,
TEXAS DEED RECORDS, SAID TRACT BEING 145.31 ACRES OF LAND MORE FULLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin found at the southwest corner of the herein described tract,
a point in the south line of the J.H. Dillard Survey, Abstract No. 179 and the southeast
corner of a tract described as 330 acres In a deed to Charles N. Avery, recorded in
Volume 362, Page 477, Williamson County, Texas Deed Records,
THENCE, with the most westerly fence line of the herein described tract, the following
six (6) courses and distances, numbered 1 through 6,
1. N 18 °57'45" W, 1607.13 feet to a 60d nail set in a dead 8" cedar tree stump,
2. N 18 °55'02" W, 625.86 feet to an iron pin set at the base of an 11" post
oak tree,
3. N 18 °26'50" W, 167.30 feet to a 60d nail set in the root of an 8" elm tree,
4. N 19 °02'13" W, 675.41 feet to a 60d nail set in the root of an 8" oak tree,
5. N 19 °04'59" W, 1010.75 feet to a Hilti nail set in the fence line,
6. N 19 °01'51" W, 135.56 feet to a point in the center of the south fork of
Brushy Creek for the most northwesterly corner of the herein described tract,
THENCE, with the center of the creek N 52 °44' E, 663.30 feet and N 47 °54' E, 628.75
feet to its confluence with Brushy Creek,
THENCE, with the centerline of Brushy Creek, N 85 °02' E, 615.20 feet to a point in
the center of the creek and in the south line of a tract described in a deed to Perry
Mayfield, recorded In Volume 511, Page 698, Williamson County, Texas Deed Records,
for the northeast corner of the herein described tract,
THENCE, leaving said creek, S 08 °06'21" E, 118.85 feet to an Iron pin found in the
south line of Brushy Creek Road, join and follow a fence line, in all 1489.10 feet to an
iron pin set at a fence post,
THENCE, following said fence, the following five (5) courses and distances, numbered
1 through 5,
1. S 02 °39'16" W, 206.89 feet to a 60d nail set in the base of a 24" cedar tree,
2. S 05 °36'46" E, 322.87 feet to a 60d nail set in the base of a 24" live oak tree,
3. S 09 °59'29" E, 237.77 feet to an iron pin set at the base of a 18" pecan tree,
4. S 15 °29'24" E, 740.61 feet to an iron pin found,
5. N 74 °38'58" E, 365.09 feet to an iron pin found in a fence line, being the '
west line of a tract owned by O.E. Beck, recorded in Volume 475, Page 227,
Williamson County, Texas Deed Records,
THENCE, following said fence, the following five (5) courses and distances, numbered
1 through 5,
1. S 15 °22'58" E, 416.21 feet to an iron pin found,
O15on Tract
Page No.
SAVE AND EXCEPT from subject property .756 acres of land out of and a pert of that
certain tract or parcel of land conveyed to Fred C. Olson of record in Volume 320,
Page 306, Williamson County, Texas Deed Records, said .756 acres of land being that
portion of Brushy Creek Road that crosses the above described 145.31 acre tract of
land, being more fully described by metes and bounds as follows:
BEGINNING at a point in the east line of said Olson tract, from which the northeast
corner of said Olson tract, bears N 08 °06'21" W, 118.85 feet for the southeast corner
of the herein described tract,
THENCE, with the south line of the herein described tract, the following two (2) courses
and distances, numbered 1 and 2,
1. S 85 °02' W, 3.27 feet,
2. S 86 °50'26" W, 743.43 feet for the southwest corner of the herein described
tract,
THENCE, N 47 °57' E, 73.27 feet far the northwest corner of the herein described tract,
THENCE, with the north line of the herein described tract, N 86 °50'26" E, 685.69 feet
for the northeast corner of the herein described tract,
THENCE, S 08 ° 06'21" E, 46.07 feet to the PLACE OF B GINNING, containing .756 Acres
of Land.
Surveyed By:
H Ricer
Job No. 84 -075
9/24/84
145.31 Acres
2. S 24 °53'48' W, 1100.36 feet to an iron pin found,
3. S 24 °52'08" W, 79.86 feet to an iron pin found,
4. S 24 ° 50'55" W, 394.34 feet to an iron pin found,
5. S 69 °48'24" W, 538.28 feet to the PLACE OF BEGINNING, containing 145.31
Acres of Land.
Carlson et Dip
2499 Capital of Tex ig
Austin, Texas 78746
EXHIBIT "B ", Page 2
Page 2 of 9
Date / -,Z4/'ZJ5t
SURVEYING COMPANY
FIELD NOTES
CARLSON & DIPPEL
Page 3 of 9
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE J.H. DILLARD SURVEY, ABSTRACT NO. 179, SITUATED IN WILLIAMSON
COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING
THAT CERTAIN 77.28 ACRE TRACT OF LAND CONVEYED IN A DEED TO MARVIN
DAVID OLSON, OF RECORD IN VOLUME 599, PAGE 175 OF THE WILLIAMSON COUNTY,
TEXAS DEED RECORDS, SAID TRACT BEING 77.40 ACRES OF LAND MORE FULLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point in the center of Brushy Creek at the northeast corner of the
77.28 acre tract and in the south line of a tract owned by Perry Mayfield of record
in Volume 511, Page 698, Williamson County, Texas Deed Records,
THENCE, S 17 °07'49" E, 125.44 feet to an iron pin found in the south line of Brushy
Creek Road, beside a fence corner post,
THENCE, following the most easterly fence line of the herein described tract, the
following seven (7) courses and distances, numbered 1 through 7,
1. S 16 °15'27" E, 263.16 feet to a 60d nail set In a 14" elm tree,
2. S 20 °22'22" E, 76.20 feet to an iron pipe found,
3. S 27 °09'06" E, 50.61 feet to a nail found in an 8" oak tree,
4. S 17 °45'46" E, 120.99 feet to an iron pin found,
5. S 19 °00'53" E, 600.20 feet to an iron pin found,
6. S 19 °17'04" E, 524.93 feet to an iron pin found,
7. S 19 °56'10" E, 47.56 feet to a 4" steel post found for a corner of the herein
described tract,
THENCE, with a fence line, the following four (4), courses and distances, numbered 1
through 4,
1. S 70 °04'28" W, 57.12 feet to an iron pipe found,
2. S 70 °15' W, 532.68 feet to a nail set in a 16" post oak tree,
3. S 70 °53'23" W, 27.30 feet to an iron pipe found,
4. S 71 °15'43" W, 839.45 feet to an Iron pin found beside a fence corner post,
THENCE, with a fence line, being the west line of a tract owned by O.E. Beck of record
in Volume 475, Page 227, Williamson County, Texas Deed Records, the following three
(3) courses and distances, numbered 1 through 3,
1. S 15 °20'19" E, 180.17 feet to an iron pin found,
2. S 15 °22'51" E, 84.93 feet to an iron pin found,
3. S 15 °23'07" E, 621.53 feet to an iron pin found for a corner of the herein
described tract,
THENCE, following a fence, the following six (6) courses and distances, numbered 1
through 6,
1. S 74 °38'58" W, 365.09 feet to an Iron pin found for the southwest corner of
the herein described tract,
2. N 15 °29'24" W, 740.61 feet to an iron pin set at the base of an 18" pecan tree,
3. 14 09 °59'28" W, 237.77 feet to a 60d nail set in the base of 24" live oak tree,
4. N 05 °36'46" W, 322.87 feet to a 60d nail set in the base of a 24" cedar tree,
5. N 02 °39'16" E, 206.89 feet to an iron pin set at a fence post,
2499 CAPITAL OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78746 • (512) 327.8290
EXHIBIT "B ", Page 3
Olson Tract 77.40 Acres
Page No. 2
6. N 08 °06'21" W, 1370.25 feet to an iron•pin found in the south line of Brushy
Creek Road, in all, 1489.10 feet to a point in the center of Brushy Creek,
for the northwest corner of the herein described tract,
THENCE, with the center of the creek, N 85 °02' E, 1031.70 feet and N 73 °53'21" E,
368.03 feet to the PLACE OF BEGINNING, containing 77.40 Acres of Land.
SAVE AND EXCEPT from subject property 1.50 acres of land out of and a part of that
certain tract conveyed to Marvin David Olson of record in Volume 599, Page 175,
Williamson County, Texas Deed Records, said 1.50 acres of land being that portion of
Brushy Creek Road that crosses the above described 77.40 acre tract of land, more
fully described by metes and bounds as follows:
BEGINNING at a point in the west line of the said Olson tract from which the northwest
corner of said Olson tract bears N 08 °26'01" W, 72.78 feet for the northwest corner of
the herein described tract,
THENCE, with the north line of the herein described tract, the following three (3)
courses and distances, numbered 1 through 3,
1. N 85 °02' E, 769.72 feet to a point of curvature,
2. With a curve to the left, whose radius equals 3075.06 feet, an arc distance
of 598.11 feet and whose chord bears N 79 °27'40" E, 597.16 feet to a point
of tangency,
3. N 73 °53'21" E, 42.27 feet for the northeast corner of the herein described
tract,
THENCE, 5 17 °07'49" E, 46.01 feet for the southeast corner of the herein described tract,
THENCE, with the south line of the herein described tract, the following three (3)
courses and distances, numbered 1 through 3,
1. S 73 °53'21" W, 43.09 feet to a point of curvature,
2. With a curve to the right, whose radius equals 3121.06, an are distance of
607.05 feet and whose chord bears S 79 °27'40" W, 606.10 feet to a point of
tangency,
3. 5 85 °02'W, 767.19 feet for the southwest corner of the herein described tract,
THENCE, N 08 °06'21" W, 46.07 feet to the PLACE OF BE containing 1.50
Acres of Land.
Surveyed By:
H Ricer
Job No. 84 - 075
9/24/84
i>
om
Carlson 6c Dippe flT'7 gCompany
2499 Capital of Texas Highway, Suite 8105
Austin, Texas 78746
EXHIBIT "B ", Page 4
Page 4 of 9
FIELD NOTES FOR 466.402 ACRES
Field notes describing n 466.402 acre tract of innd In the William
Dugan Survey, Abstract No. 190. in Williamson County. Texas and
being n port of n tract of land called 472.156 acres of land in s
decd to 8111 Milburn. Inc. recorded in Volume 1020 Page 202 of the
need Records of Williamson County. Texas end being more
particularly described by metes and bounds as follows!
•
n)61NN(NG nt a point on the South line of County Road 1 174 for the
Northeast corner of this tract from which point the intersection of
the occupied South line of County Road 1174 and the occupied West
line or n tract of lend conveyed to Clarence 1.. Souls by need
recorded in Volume 608 Page 936 of the above mentioned Deed
Records, and the Northeast corner of the above mentioned 472.156
acre tract heirs 5 75' 31' 03" 0 72.41 feet.
'frlk"N'C1:' S 19 33' 16' E 2721.90 feet to a point for an angle point.
1'!l£NCF .f 19° 19' 09' E 1481.33 feet to n point oe the occupied
North line or 131.71 ncre tract conveyed to A.N. Robinson, dr. et
a1 in Volume 413 Pnge 626 of the said Dead Records for the
Southeast corner of this tract.
77111,VCi: with the occupied North line of the said 131.71 acre tract
for the following four (4) courses:
(i) S 67° 25' 44" 1✓ 253.91 feet to an iron pin found.
(2) " (8 51' 37' W 436.37 feet to nn .Iron pin found.
(3) S 68 44' 68" W 332.74 feet to an iron pin found.
(4) .1 rig 47' 09" I✓ 407.51 feet to an iron pin found in the
ortlrenst corner of Lot 1 in Block 12 of Brushy Creek Section
Ton as recorded in Cabinet C Slides 324 through 331 of the
Pint Records of Willinmson County. Texas and the occupied
northwest corner of tlrn said 131.71 acre tract for the most
b:n.etcrly Northeast corner of a Boundary Line Agreement.
between 6.0. fleck and C.N. Avery Jr. et ni, recorded in
Volume 648 Page 669 of the said Deed Records.
THENCE with the said Boundary Line Agreement and the North line of
(he said Block 12 for the following two courses!
(1) e 68 27' 58" W 1903.98 feet to an iron pin found.
(2) .0 69 43' 12' I✓ 1169.80 feet to an iron pin found in on
angle point of the North line of Lot 29 in the sold Bloch 12
for the Southwest corner of the said 472.156 ncre tract and
the Southwest corner of this tract.
1!169cE 0 19 00' 00" W with the said Boundary Line Agreement, the
East line of the said Brushy Creek Section Two, the Bost line of
The Hillside at llreshy Creek as recorded in Cabinet 0 Slides 305
and 306 or the said Plot Records, and the Eest line of Brushy Creek
Section line, ns recorded in Volume 12 Pages 44 through 49 of the
said Plat Records. 4256.28 feet to an • iron pin found in the
intersection of the f•,nst line of Great Oaks Drive and the South
line or County Road 1174, for the Northeast corner of the said
Brushy Creek Section Ono.
EXHIBIT "B ", Page 5
Page 5 of 9
Tni :NCR N 19° 00' 00' W of 40.00 feet pass and iron pin round in
the intersection of the said Boundary Line Agreement and the North
lino of County Road /176 and continue for a total of 189.00 feet to
on iron pin found on the npproxtmate centerline of Brushy Creek. in
the North end of the said noundnry Line Agreement and the most
hesterly Northwest corner of the said 672.156 acre tract.
TNCNC[i with the East line of Lot 7 In Dlock 6 of Great Oaks Section
I as recorded in Volume 10 Pages 31 through 34 of the said Plat
Pccorrls for the following two (2) courses:
(1) ,s' 55 22' 20' 15 42.32 feet to an iron pin found. -
(2) N 01 17' 66" F, 95.70 to an iron pin found in the Southwest
corner of a 2.19 ncre tract of land conveyed to the Williamson
Count,- Municipal Utility District No. 2 in Volume 738 Page 555
of the said Deed Records for the most Northerly Northwest
corner of the said 472.156 acre tract and the Northwest corner
of this tract.
Tn,NCR N 76 08' 66' 1: 301.75 feet to an iron pin found in the
, corner of of the said 2.19 acre tract end the Southwest
r of n 5.34 acre- tract of land conveyed to Peel Gifford by
recorded in Volume 633 Page 270 of the said Deed Records.
IliloCli N 76 34' 58" li with the South line of the said 5.34
[car, 157,79 feet to nn iron pin set for an angle point.
IWi0CE ,v 7P' 18' 32" R 85.85 feet to an iron pin set for an angle
paint,
ncre
THENCE N 35 00' 03" R 65.20 feet to an iron pin found in the
Southeast corner of the Raid 5.36 acre tract and the Southwest
rnrn- r of n 6 .15 ncre tract conveyed to Paul Gifford In Volume 672
rape 463 of the said Deed records.
fIENcE N O6 58' 56" R with the occupied South line of the said
6,15 ncre tract: 2 feet to an iron pin set for an angle point.
17 -NCE N 77 ° •17' 32" E 57.08 feet to en Iron pin set for an angle
int.
'fui ;Arci •5 72" 05' 18" R 160.71 feet to on ,iron pin found in the
..,nlhea:t corner or the snid 6.15 acre tract and the Southwest
,.urn - of a 5.30 ncre act conveyed to Norio °hied° by deed
r.,nrd e! .,t in Volume 665 I'nge 922 of the sold need Records.
T111:',1'c !. 77° 17' 53' R with the South line of the said 5.30 acre
lrac' 164,08 fort to no iron pin found.
THENCE N 05" 16' 53" ii 106.90 feet to on iron pin round on the
n.mt lino of 'Ton hewn village ns recorded In Cabinet G S1tde 319 of
the said Plot Records for the Southeast corner of the said 5.30
ncre trnn-.
19 27' 51' F; 96.77 feet to n point on the nppro.rimnte
center/in, of Brushy Greek'snid point being the Southwest corer of
the snid Tooke.,, V.ilinge.
EXHIBIT "B ", Page 6
Page 6 of 9
THENCE down the approximate centerline of Drishy Creek
Snnth line of the said Tonkewa Village for the followlhg
courses:
(1)
(2)
(4)
(
(5)
(6)
(7)
(A)
N 62° 79' 45' 1i 179.76 feet to en angle point.
• 40" 26' 45' E 124.57 feet to an angle point.
N 44 27' 50' F. 359.90 feet to an angle point.
A' 40 32' 40' I: 168.36 feet to an angle point.
N 41° 42'_47' r 342.87 feet to an angle point..
N 61° 2n' 45' r 237.75 feet to an angle point.
4 64" 45' 44' E 264,69 feet to an angle polnt.
N 74° 04' 44' 8 218.93 feet to a point en the (test line of
" 24.46 acre tract of lend conveyed to nenr Creek Joint
Ve.urr,,re by deed recorded in Volume 950 Page 185 of the sold
(leo') ltrcnrds.
fl).8CE with the remains of en old fence on the West tine of the
^41.1 29.46 acre tract fur the following three (3) courses:
(1) '; 02 14' 11' E 132.83 feet to on iron pin found.
(7) .S 12" 54' 01' li 51.47 feet: to an iron pin found.
(J) 06 ° '30' 32' r 127.58 feet to an iron pin found on the
North lino of County Road 1174 for the Southwest corner of
the snid 29.46 acre tract.
THENCE S 06' 30' 32' R 44.16
occupied South line of County Road
trait.
THENCE with the occupied
fo)inwlt,q nine (9) courses:
(1) 4 66' 23' 39' E
(2) N 68 36' 03' li
(3) N 717° 01' 47' F.
(4) N 73° 06' 40" E
(5) N 75' 07' 5o' li
(6) N N5' 43' 14' E
(7) S A9° 26' 12' F,
(A) S 96 37' 49' E
(9) ,S 75 31' 03' E
containing 466.402
and
eight
feet to nn Iron pin found on the
/174 for an angle point of thin
South line of County Road 1174 for
55.85 feet to an iron pin found.
108.17 feet to an iron pin found.
303.24 feet to on iron pin found.
163.02 feet to an iron pin found.
245.81 feet to an iron pin found.
112.87 feet to en iron pin found.
176.31 feet to en iron pin found.
246.95 feet to on iron pin fount(.
53.53 feet to the POINT OF BEGINNING
acres of land more or less.
1. Timothy H. Haynie. A REGISTERED PUOLIC SURVEYOR, do hereby
certify thnt these field notes accurately represent the results of
an o r- the - ground survey made under my direction and supervision on
the 25th day of September. 1985. All corners located are as shown.
7'bc• property described herein is correct and has no visible
, ,crepancles. protrusions, e.ncronchments. easements, conflicts in
houndnry• overlapping of improvements, roads In place. nor
..nrta,,', in area except an shown. This tract has access to nod
from n ardicated roadway.
11AYNIE KALLNAN AND GRAY, INC.
Timot y C. Nn •nie.
Registered Public .Surveyor No. 2380
Onto'
the
(8)
the
EXHIBIT "B ", Page 7
Page 7 of 9
(1(440 NOTES RUM 2.794 ACRMS
EXHIBIT "B ", Page 8
Pleb! notes describing a 2.794 ncre tract or 1nrr,l In the William
11 ,Surv..y, Abstract No. 190. In Ni111 omson CCM"t'v, Texas nod
I „•;r. :,I1 or a 2.79 ncre. tract of land described in n .feed to Pill
!ilbvr n, Inc. .recorded in Volume 1020 Page. 202 of the Ocr..1 9ncerd,,
nr .Fill inmson 'County, 'Texas and being mare particularly described
,r foilowei
11r:INP,17(; at nn iron pin found in the interaccClot, or the gent line
ur ,:r.•nt. Oaks Ilrive nod the occupied South line. of Cnunr.r Mond 1174
roe thn Northeast corner of 'trashy Creek Section One. s recorded
I'ulumc 12 Pages 44 through 49 of the Pint Record. of Mi lilnmson
County, ' ! '^ .r.a.v, and the Southwest corner of this Lrnct.
Tut.NCI; N 19 00' (10” N 40.00 feet to an iron pips fonnd on the
: rortb .line. of County Rood 1174 for the Northwe. ?1. corner of this
tract.
.,n;3 ;!: with the North line of the said County Mond 1174 for the
renewing 010410en (16) courses:
(1) .v 70° 44' 711" (4 201.63 foot to no iron pin found.
(2) .4" 72° 58' 59" 74 428.71' feet to an iron pin found.
(3) r 75 0!' 45 " - 8 220.08 feet to an iron pin f 7.
(4) M 67° 56' 10' y 92.76 feet to an iron pin found
(5) 7 60° 29' 16' ri 317.52 feet to on Iran plot found.
(6) ,v 56 04' 52" g 183.29 feet to an iron pin round.
(7) it 51 'i2' 34' li 252.50 feet to on iron pin found.
(:1) N 49° 311' 04" h 155.72 feet to nn iron pin fo 1.
(0) N 46' 7.7' 70" 6 312.05 feet to on iron pier found.
(10) M 76° 21' 17" h' 55.00 feet to no .iron pin fonnd.
(II) N 60° 08' 34" fi 137.15 feet to on iron pin round.
(!Y) N 63° 1:1' 59' Ii 178.20 feet to an iron pin found.
Hi) N 75° 46' 11" 1: 89.00 feet to on.iran pin found.
(14) N 70' 47' 05" li 193.4 (ecC to oh iron p.rn found.
(15) N 77° 53' 14" (4 117.7.7 feet to an iron pin fonnd.
(16) 11 66° 11' 02" ri 99.44 feet to an .iron pin found In the
S.711 (h IV,: t corner of a 29.46 nc re tract of land cooveyp.rl Co
Fear Croak .Ini nt fon are by deed recorded in I'n t He, 950
Po 185 of (he above mentioned peer! Records for '..6e.
onr14,nn,t ,.n rrror or this tract.
•
N (16' 70' 32' R 44.16 fool to an iron pin found on the
. upic•d
:;001.E 1i6c or County Road 1174 for the ,Southeast corner or
(hie" (Inc .
Page 8 of 9
11nte
9 -'6. 83
EXHIBIT "Br ", Page 9
Thl. :1'cI; with the occup/r.d ,South line of County Road ,!176 for the
1n11ni +Jo riot r.r.n (/6) cour.,cr.. ,sr
(1) S 66° 23' 39' 6' 80.57 feet to nn iron pin found.
f2) 77° 53' 51' II 131.1(9 feet to an iron pin found.
(7) 5 76' 47' 05' N 193.25 foot to nn iron pin found.
(4) .S 75 Ali' 11' W 84.25 feet to on .iron pin found.
(5) .S 63 13' 50' 6' 175.60 feet to an iron pin found.
(6) S 68 071' 34' 9 1.41.74 feet to nn iron pin found.
(7) 5 76 21' 17' N 47.35 legit to en. Iron pin round.
(5.)
S 46° 52' 30' W 302.411feet to on iron pin found.
(9) S 49' 38' 04' N 157.35 feet to an iron pin found.
(10) 5 51' 32' 34' 9 254.03 fret to nn iron pin forma.
(71) S 56' (14' 52' N 186.41 feet to an iron pin found.
(1 ?1 5 60' 29' 16' 1 321.66 feet to an iron pin funnel.
(13) 5 67° 56' 111' 19 97.44 feet 60 en iron pin found.
(1A) S 75 01' 45' N 230.65 feet to nn iron p1,, found.
(157 N 72° 577' 59' W 427.22 feet to an iron pin round.
(16) 5 7(1° 64' 38' N 701.03 feet to the POINT (11' Illir:INNINC
cootninin,' 2.794 acres of land more or less.
1. Timothy 1). on yn Je. A 1NiG!STIIR1i0 P0111. tC 51117914 011. an he ,hy
c,rtiry [hot three field nol:os nod nttnchnrl pint :l:nwr[ "Ip
pr nt reStsits of nn on- the- 1Jr•nund .survey r ode odor my
.li r, :ci(0rr 011 suporvl,siarr on the 25th day of Soptember. 17r15. 4)1
.. err located are ns shown. The proprlrtr drsr.rihrd herein is
r. mrrrct noel has no visible doscrepnncies, prntruo.1nn5
n,. vo l::, rrnscmcrrts. conflicts i n hanndnry, o ,, r, l alpine[ of
r mpr, vrmrnt.s, roods in Place. nor slrortnpes In nren excnot ns
h.:n, Th [ roc t has access to nerd from n dedi cn rnnrhr.•ry.
IIAYNII4 RA1,Ll1AN A711' GRAY. .INC.
�
o tliy (1. lf.�ynle, I
908 !stared lnbi1c I,r„oynr• Nn. 2.180
Page 9 of 9
— EXHIBIT C
DISTRICT BOUNDARY DESCRIPTION
' WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
WILLIAMSON COUNTY, TEXAS
METES AND BOUNDS
LYING WHOLLY IN WILLIAMSON COUNTY, TEXAS AND BEING
A 260.34 ACRE TRACT OF LAND OUT OF A 1545.14 ACRE TRACT IN THE
JAMES SHELTON SURVEY, ABSTRACT NO. 552; JOHN MCQUEEN SURVEY,
ABSTRACT NO. 179; AND THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, SAID
1545.14 ACRE BEING A PART OF A CERTAIN TRACT OF LAND DESCRIBED IN A
DEED FROM JENNIE BECK TO EUGENE O. BECK, ET UX; DEED OF RECORD IN
VOL. 558, PAGE 30, AND BEING ALL OF A 40.0 ACRE TRACT OF LAND DESCRIBED
IN A DEED FROM BESSIE CLARK SCHOOLEY, ET AL, TO EUGENE O. BECK, ET UX,
DEED OF RECORD RECORDED IN VOL. 426, PAGE 526, AND BEING ALL OF A
782.0 ACRE TRACT OF LAND DESCRIBED AS THE FIRST TRACT IN A PARTITION
DEED FROM JENNIE BECK TO EUGENE O. BECK, ET UX, DEED OF RECORD
RECORDED IN VOL. 475, PAGE 227 OF THE DEED OF RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID260.34 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY THE FOLLOWING METES AND BOUNDS.
BEGINNING AT AN IRON PIN IN THE NORTHWEST CORNER OF ,A 112.867
ACRE TRACT OUT OF THE ABOVE SAID 1545.14 ACRE TRACT AND BEING A PART OF
THE SAID 260.34 ACRE TRACT,SAID 112.867 ACRE TRACT BEING MORE FULLY
DESCRIBED IN A DEED OF CONVEYANCE AS RECORDED IN VOL. 649, PAGE 30
OF THE DEED OF RECORDS OF WILLIAMSON COUNTY, TEXAS.
THENCE along the Following bearings and distances describing the said 260.34
acres.
N 70° 11' 46" E a distance of 300.35'.
N 66° 24' 58" E a distance of 72.52'.
N 62° 10' 03" E a distance of 52.41'.
N 59° 41' 55" E a distance of 717.04'.
N 60 47' 28" E a distance of 122.88'.
N 72° 05' 45" E a distance of 196.26'.
5 18° 16' 48" E o distance of 4256.53'.
N 70° 18' 55" E a distance of 1169.80'.
N 69° 14' 40" E a distance of 1905.27'
S 19° 31' 45" E a distance 'of 1329.80'.
EXHIBIT "C ", Page 1
Page 1 of 7
Page 2 of 7
5 71° 09' 39" W a distance of 482.76'.
S 70° 05' 46" W a distance of 335.86'.
5 70° 48' 09" W a distance of 547.55'.
5 18 31' 18" E a distance of 393.00'.
N 71° 36' 11" W o distance of 2403.03'.
N 77° 31' 41" W a distance of 3169.32'.
N 15° 41' 48" W a distance of 928.00'.
N 70 54' 41" E a distance of 472.37'.
N 70 59' 21" E a distance of 395.77'.
N 69 53' 43" E a distance of 589.06'.
N 20 20' 12" W a distance of 246.23'.
N 19 09' 14" W a distance of 251.52'.
N 19 20' 09" W a distance of 714.58'.
N 17° 09' 01" W a distance of 81.41'.
N 28 35' 35" W a distance of 43.90'.
N 20° 08' 46" W a distance of 82.48'.
N 16 44' 34" W a distance of 263.93' to the point of beginning, and containing
260.34 acres, more or Tess.
EXHIBIT "C ", Page 2
DISTRICT BOUNDARY DESCRIPTION
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
WILLIAMSON COUNTY, TEXAS
METES AND BOUNDS
LYING WHOLLY IN WILLIAMSON COUNTY, TEXAS AND BEING
A 464.81 ACRE TRACT OF LAND OUT OF 1437.45 ACRES OF LAND, SAME
BEING OUT OF JOHN POWELL SURVEY, ABSTRACT NO. 491, EPHRAIM
EVANS SURVEY, ABSTRACT NO. 212, AND WILLIAM KINCAID SURVEY, ABSTRACT
NO. 374 SAID 1437.45 ACRES BEING DESCRIBED IN A DEED OF CONVEYANCE
FROM JAMES GARLAND WALSH AND WIFE, MILDRED WALSH TO TOM E.
NELSON, JR. TRUSTEE r1, AS RECORDED IN VOLUME 571, PAGE 446 OF THE
DEED OF RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 464.81 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING METES
AN D BOUNDS.
BEGINNING FOR REFERENCE AT AN IRON STAKE MARKING THE SOUTH-
WEST CORNER OF SAID 1437.45 ACRE TRACT AS DESCRIBED IN SAID VOLUME
571, PAGE 446 OF THE DEED OF RECORDS, WILLIAMSON COUNTY, TEXAS.
THENCE N 19 43' W a distance of 994.70' to o point.
Page 3 of 7
TH ENCE N 20 01' W a distance of 157.56' to the point of beginning.
THENCE Vie following bearings and distances describing the said 464.81 acres.
N 19° 37' W a distance of 256.36'.
N 54° 45' W a distance of 52.07'.
N 20 12' W a distance of 517.71'.
N 20 03' W a distance of 825.47'.
N 19° 33' W a distance of 556.20'.
N 20° 11' W a distance of 814.36'. •
N 20 04' W o distance of 800.00'.
N 20° 00' W a distance of 223.65'.
N 70° 14' E a distance of 5131.05'.
5 21 05' 22" E a distance of 1721.21'.
S 68° 06' W a distance of 173.92'.
EXHIBIT "C ", Page 3
Page 4 of
S 21° 01' E a distance of 2195.40'.
S 65 41' W a distance of 598.64'.
5 69° 22' W a distance of 1291.65'.
5 69° 21' 52" W a distance of 100.39'.
S 69° 22' W a distance of 2910.61'
S 69° 16' 36" W a distance of 99.87'to the point of beginning, and containing
464.81 acres, more or Tess.
EXHIBIT "C ", Page 4
BEING 1290.43 ACRES IN WILLIAMSON COUNTY, TEXAS, OF WIIICII 670,46 ACRES IS 114
THE JAMES 5111iL101'l SURVEY, ABSTRACT NO, 552; 523.02 ACHES 15 IN'1111. 1011N MC0111
SURVEY, ABSTRACT NO, 425; 74.00 ACRES IS IN THE JOHN 11, DILLAIRD SURVEY, ABSTRACT
NO. 179 AND 22.95 ACRES IS IN THE J,M, HARRELL SURVEY, ABSTRACT 284, AND BEING
OUT OF AND A PART OF A CERTAIN TRACT OF LAND DESCRIBED IN A DEED FROM JENNIE
BECK TO EUGENE 0, BECK, ET UX, DEED OF RECORD IN VOL, 558, l'AGE 30 OF THE DEED
RECORDS Of WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A 782,0 ACRE •
TRACT OF LAND DESCRIBED AS DIE FIRST TRACT IN A PARTITION DEED FROM JENNIE DECK
TO EUGENE O, BECK, ET UX, DEED DATED JANUARY 13, 1965, AND RECORDED IN VOL.
.475, PAGE 227 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,
BEGINNING at on Iron stoke in the North Right -of -Way fine of F.M. Highway No. 620 for the
most Southerly corner hereof, said point bean N 21° 49' W, 102.26 feel ban the Northwest
corner of 0 254,5 acre Iraq of lend described Ina deed from Oscar E, Beck, el six, 10 Eugene
Oscar Beck, et sox, deed of record In Vol, 360, Page 87 of the Deed Records of Williamson
County, Texas;
THENCE 14 19° 23' W, 476,84 feel 0 20 inch live 0ok,ond N 21 13' 58" W, 303.78 feet to o
live ask stump for on Inside corner hereof; sold point being on or near the Norlheusl corner
of the T1,an01 P. Davy Survey:
TIIENCE with the fence along the South boundary line hereof and the North line of the Davy
Survey 01 follows:
5 62° 18' 19" W, 91,58 feet to a 14 inch live ook;
5 69° 23' 39" W, 213.38 feet;
70' 25' 55" W, 190.87 feet to 0 6 inch live oak;
S 70° 49' 15" W, 261.13 feet loo 12 inch elm;
70° 39' 26" W, 258,81 feet to a 14 inch cedar;
5 69° 56' 26" W, 107.89 (eel loo 14 inch live oak;
5 73° 30' 04" W, 82,64 (eel 10 a 6 Inch elm;
5 70 09' 23" W, 130.99 feet to a 14 Inch cedar;
5 70" 19' 25" W, 200,65 feet to 0 14 inch elm;
5 69 33' 36" W, 241.09 feel to on iron pin;
73° 05' 05" W, 193,54 feet loon Iron pin;
68° 17' 26" W, 409.36 feel loo pence pat;
5 68' 57' 44" W, 121,64 feel 10 o fence posi;
S 76' 22' 13" W, 135.56 feel l0 on Iron pin;
5 73' 50' 35" W, 182,66 feet loo 24 Inch live oak for the Southwest corner hereof;
THENCE with the fence along the Wes! boundary line hereof and the West boundary line of the
above referred to 782,0 ocre trod as follows:
N 19° 26' 43" W, 1211,06 feet;
N 19' 26' 23" W, 804.93 feel;
N 19° 29' 11" W, 1183.12 feet;
N 19° 28' 30" W, 957,73 feet and
N 18° 47' 28" W, 1740,44 feel 10 a fence corner poi for on outside corner hereof;
THENCE 14 73° 29' 12" E, 1513,35 feel loo fence corner pal for on ell caner heleol;
11IEI4CE 14 20' 05' 39" W, 1522.32 feel to a fence corner post for on outside cn,ne, hereof;
EXHIBIT "C ", Page 5
Page 5 of 7
nor
THENCE N 69" 31' 43" E, 772.83 feet lo a fence posl,ond N 70° 12' 30" E, 541.00 feel to on
Iron pin Isy a fence corner post;
TIIENCE N 24° 23' 26" E, 1577,26 feel to an Iron pin by a fence post;
THENCE N 15° 54' 28" W, 372.92 feel to on Iron pin by a fence corner post for the men! Nadine.,
caner of ibis trace same being the Southwest corner of Brushy Creek Subdivision, Section Two, as
recorded in Vol, 12, Poge 58 of the Plot Records of Williamson County, Texas;
THENCE with llte South line of Brushy Creek, Section Two, 5 77° 31' 41" E, 3169.32 feet, and
S 71° 36' 11" E, 2403.03 feet 10 the Southeast caner of the said Brushy Creek, Section Two, being
.0 the East line of the oforemenlioned Back Tract described in Volume 558, Page 30 of the said
Deed Records;
THENCE with the East line of t he said Beck tract, 5 18 31' 18" E, 544,57 feel, 5 18 32' 19" E,
278,33 feel to on iron pin,5 18° 41' 49" E, 212,19 feet to an iron pin,S 18 27' 20" E, 1067.15
leer to an iron pin,ond 5 17' 49' 36" E, 481.75 feet to an Iron pin in the North Right -of -Way of
F.M. Highwoy No, 620 for the Southeast corner hereof;
TIIENCE 390,77 feet along the arc of a curve to the right whose central angle h 24. 44' 31 ",
whose radius is 903,93 feel long,and whose chord bean 5 18' 46' 44" W, and is 387,75 feet long
1a o concrete Right -of -Way monument marking the end of sold curve.
TIIENCE 5 31° 09' W, 320.00 feet to a concrete Right -o( -Way monument marking the beginning
of 0 Curve 10 the right,
TIIENCE 351.90 feet along the arc of said curve to Outright whose central angle is 03• 33',
whore radius is 5679.56 feet long, and whose chord bean 5 32° 55' 30" W, and is 351.90 feel
long 10 o concrete Right -of -Way monument;
TIIENCE 5 34° 42' W, 643.80 feel to
THENCE 457,29 feel along the arc of
whose rodius is 5779.56 feat long,and
10 a concoct. Right -of -Way monument
TIIENCE 5 30° 10' W, 836,20 feet 10
of n curve 10 11,0 rlghl;
o concrete Right -of -Way monument;
o curve 10 the left whose central angle is 4• 32',
whose clsord boon 5 32° 26' W, and is 457.17 feel long
marking the end of said curve;
o concrete Right -of -Way monument marking the beginning
THENCE 659.25 feet along the arc of sold curve to the right whose central angle is 06° 39',
whose rodius is 5679.56 feet long,and whose long chord bean 5 33° 29' 30" W, and is
658,00 feet long 10 o concrete Right -of -Way monument marking the end of sold curve;
TIIENCE 5 36° 49' W, 2603.75 feet to a concrete RIght •of -Way monument marking Il,e beginning
of 0 curve 10 11,. right;
TIIENCE 744,68 feel olong the arc of said curve lo the right whose central angle is 19° 01' 47 ",
whose radius Is 2241,82 feel long, and whose chord bean 5 46° 19' 53" W, ondis 741.26
feel long to the PLACE OF BEGINNING; containing 1290,43 acres of lond more or less, Field
Notes prepared September, 1900 1 Public 'Records and Surveys by Russell D. Porker, Registered
Public Surveyor No, 1661 in August, 1976,
EXHIBIT "C ", Page 6
Page 6 of 7
lar"�
BEING 193.96 ACRES OF LAND IN THE JOHN MCQUEEN SURVEY, ABSTRACT NO, 425 IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF A 254.5 ACRE TRACT
OF LAND DESCRIBED IN A DEED FROM OSCAR E. BECK AND WIFE, JENNIE HICK TO
EUGENE OSCAR BECK AND WIFE, GENELLE BECK, DEED DATED FEBRUARY 16, 1950, AND
RECORDED IN VOL. 360, PAGE 07 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS,
BEGINNING at on iron stoke on the Southeast Right -of -Way line of F,M, Highway No. 620
marking the Northeast corner of the above referred to 254.5 acre Iraq of land;
THENCE along the said Right -of -Woy of F.M. Highway No, 620 as follows: S 34° 42' W, 249.92
feel to the beginning of o curve to the left;
THENCE 449.41 fear along the arc of said curve to the left whose central angle It 4• 32',
whose radius is 5679.56 (eel long,and whose chord bean S 32' 26' W and Is 449.29 feet long;
THENCE 5 30° 10' W, 836.20 feet 10 the beginning of a curve to the right;
Page 7 of 7
THENCE 670,06 feet along the arc of said curve to the right whose central angle is 06 39',
rrkac radius is 5779.56 feel long,ond whose chord bean 5 33 29' 30" W, and is 670,48 (eel long;
THENCE continuing wills the said Right-of-Way line, S 36 49' W, 1934,46 feet to on Iron
stoke for the Northwest corner hereof;
T(IENCE S 19° 31'2 0" E, 1364.91 feel loan Iron stake In line with the fence morking the
Southwest corner hereof, sold point being on ell corner in the Sou,I, boundary line of the sold
254,5 acre tract and being on or near the Northwest corner of the Molcom M. Hornsby Survey;
THENCE along the South boundary line of the said 254.5 acre Tract or fenced and the North
line of the Hornsby Survey as follows:
N 70' 39' 57" E, 692.34 feel 10 a 6 inch triple elm free;
N 71 II' 06" E, 247.44 feet toa 10 inch elm tree;
N 75° 09' 33" E, 138.01 feel to an 18 inch post oak Tree;
N 68 12' 23" E, 218.98 feel to a fence corner pat;
N 71° 21' 15" E, 2008,58 feet to on axle by a fence comer pat marking the Southeos!
corner of the 254.5 acre tract and being the Southeast corner hereof;
THENCE with the fence olong the East boundary line of the said 254.5 acre Iroct of land as follows:
N 18' 54' 01" W, 1920,67 feet, and N 19 05' 14" W, 1922,62 feel to the PLACE OF
BEGINNING, contairing 193.96 acres of land more or less, Field Notes prepared S•plember,
1980 from Public Records and Surveys by Russell D. Porker, Registered Public Surveyor No. 1661
in August, 1976,
EXHIBIT "C ", Page 7
EXHIBIT "D", Page 1
MMIff
PAGE 1 OF 2
FIELD MOTES OF 316.018 ACRES
FI:::7 =TES describing ,a 316.018 acre tract or parcel of land, out of the
wavhiugton Anderson Survey, - Abstract No. 15, situated in Williamson County,
2::.,=, being all of that certain 316.05 acre tract of land conveyed to Sam Bass
316 by deed recorded in Volume 951, Page 128 of the Deed Records of Williamson
Cuunty, Ta:.as, found upon re -survey this date to contain 316.018 acres of land,
and being more particularly described by metes and bounds as follows:
=INNING at an iron pin net at or near a fence corner post being the
in:cr::ection of the new north right -of -way line of P.M. 1431 and the east
rit :ht- of-way line of. Sam Bars Road (County Road No 175), also being the
routhmsct corner of said 316.05 acre tract, for the southwest corner and POINT
OF =imam of the hereinafter described 316.018 acre tract;
TDE: :CE departing said north right- of-way line of said P.M. 1431, along said
east right-of-way line of Sam Cass Road, as fenced, for the west line hereof,
t!n_ following four (4) courses:
1.) 1122 °05'F!, 1019.00 feet to an iron pin found for an angle point hereof;
2.) 1:20 °36.10 "1!, 791.13 feet to an iron pin found for an angle ioint hereof;
3.) t :31.13'16 "!!, 411.51 feet tb an iron gin found for an angle point hereof;
4.) i!23 °30'15 "M, 424.64 feet to an iron pin found at or near a fence corner
post, being a southwest corner of a portion of that certain 511 acre tract of
laud conveyed to Perry 0. Mayfield by deed recorded in Volume 258, Page 214 of
said D Records, for the northwest corner hereof;
=V= departing said east right - of-way line of said Sam Bass Road, aloqg the
tautli lire of said 511 acre tract, as fenced, for the north line hereof, the
following five courses:
1 �1 1'68 "E, 1202.36 feet to an iron pin found for an angle point hereof;
2.) JSS•42'35 "E, 904.69 feet to an iron pin found for an angle point hereof;
3.) :169 °54'34 "E, 1074.77 feet to a nail found for an angle point hereof;
,4.) tr;l•25'13 "E, 535.98 feet to an iron pin tound for an angle point hereof;
S.) ::68•08'E, 1251.92 feat to an iron pin found at or near a fence corner post
in the west line of that certain 1437.45 acre tract of land conveyed to Tom E.
Velson, Jr. Trustee, by deed recorded in Volume 571, Page 446 of said Deed
R22cords, being the southeast corner of said 511 acre tract, for the northeast
corner hereof;
along the west line of said 1437.45 acre tract, as fenced, for the east
line hereof, the following two (2) courses:
1.) S20 °06'40:'E, 1002.71 feet to an iron pin found for an angle point hereof;
2.) C20 °03'30 "E, 1028.48 feet to an iron pin set at or near a fence corner post
in the curving north right- of-way line of said F.M. 1431, for the southeast
corner hcrecf;
T.010E along said north right - of-way line of said P.M. 1431, as fenced, for the
swuth line hereof, the following five (5) courses:
1.) along the arc of a.curve to the right having elements of delta- 00 °26'06 ",
radius= 11359.16 feet, arc= 06.24 feet, tangent= 43.12 feet, chord and Chord
bearing= 86.24 feet, 570 °48'57 "W to an iron pin set for a Point of Tangency
hereof;
2.) 271.02'17, 3252.17 feet to a nail found for a Point of Curvature hereof;
3.) along the arc of a curve to the right having elements of delta= 01.38',
radius= 11414.06 feet, arc= 325.30 feet, tangent= 162.70 feet, chord and chord
bearing= 325.37 feet, 571 °51'W to an iron pin set for a Point of Tangency
hereof;
Field Notes of 316.018 Acres (continued)
4.) S72 °40 1132.29 feet to a nail found for a Point of Curvature hereof:,
5.) along the arc of a curve to the right having elements of delta- 01.19 ",
radius= 7739.44 feet, arc= 179.09 feet, tangent- 89.55 feet, chord and Chord
Y,oaring.. 179.08 feet, S72 °00 "W to the POINT OF BEGINNING of the herein
described tract of land, containing 316.010 acres (or 13,765,761 square feet)
of land.
4.
+r=
. EXHIBIT "D", Page 2
PAGE 2 OF 2
EXHIBIT "E"
Gentlemen:
ATTEST:
wrrex -F
IRREVOCABLE LETTER OF CREDIT
NO.
DATE:
TO: Jim Hislop d /b /a Riata Management ( "Payee ")
We hereby issue this Irrevocable Letter of Credit in your favor
and authorize you to draw at sight on ourselves for the account
of ( "Participant ") for any sum or
sums not exceeding in the aggregate $
We do hereby agree with drawers, endorsers and bona fide holders
of drafts negotiated under and in compliance with the terms of this
Letter of Credit that the same shall be duly presented on or before
December 31, 1987, but not thereafter, the affidavit of Jim Hislop
stating that such letter is being called pursuant to the terms and
provisions of that one certain West Round Rock Water System
Improvements Agreement. We specifically waive all rights, if any,
including but not limited to Section 5 - 12 of the Uniform Commercial
code to defer or delay honor or payment of any sight draft.
This credit is governed by the Uniform Commercial Code in force
in the State of Texas on the date hereof and is subject to the
Uniform Customs and Practices for Documentary Credits (1974
Revision), International Chamber of Commerce Publication No. 290.
By:
EXHIBIT "F"
Its
! b de /4979Aci,
EXHIBIT "F -1"
0001153, AMID
001 551E5 0.04E4E10 .1511!7110x: EAST 00111E
1101114100 BY: P.B.S. 011 6 -2
101 5418E11: OBE5418E11: 711•13614 !1X15
0,182- 091 -55 i.= 111:6 -2
DATE: JANDA. 27, 1897
FILE: 9011.51 1011E. YELSOM, 1r..
511410)0/5 .. 1179 r M 0W0 BOCK L 1 111D CORP. 1919511E
y LINE 1,600[,67 1,51111 000501. UN11 WI 60.2 FERN 11.487 M. 100E5511E51
W. 5E500111504 10411 L.F. PRICE 00015131 105E 101•1 PROR515 1 1004015 0051 I USE 10041 10500151 P505610 CO. 1 UBE 15911 P555410 1 00000!0 5555 1 051 15411 PROIMIA 1 0105910 0551: USE 15911 PMOAAIA 1 9105510 5011
2. - 42' 551E1 LIVE 0 14,063.55 5711 - -- 481.00 5526,011.00 1 6250.00 11.331 511,169.49 1 1,061.00 5.501 141,711.72 1 19,119.00 54.161 1258,000.56 I 1,100.00 3.851 120,111.51 1 5,600.00 15.531 151,100.01
105. 52. 65101 LINE 19,511.00 5255 0105.00 5544,000.05 I 0230.55 11.921 5111,253.20 1 3,061.00 15.651 155,449.05 1 3,272.00 16.111 491,534.10 1 1,400.00. 1.151 131,039.00: 5,600.00 55.601 1156,156,00
0106.. 42. 551E5 LIRE 19,552.00 4700 5105.00 5191,'500.001 6255.00 31.9E 0157,525.2013,061.00 15.651 977,731.751 3,272.00 - 16.111 182,463.551 1,400.00 - -7.19 135,215.25:5,600.50 - 15.601 1141,141.00
5 107. 24' MATER 115E 7,535.05 3000 560.00 1180,000.00 1 0.00 0.001 10.00 1 0.00 0.001 55.03 : 530.00 7.041 412,672.00 1 1,100.00 11.595 533,162.00 1 5,600.00 74.371 1113,866.00
4 101. 24' MATER LINE 1,535.55 1000 560.00 160,000.05 1 0,00 0.001 40.00 I 0.00 0.001 50.00 1 530.00 7.041 .4.124.50 1 1,400.00 15.541 011,054.00 : 5,600.00 14.321 541,622.00
111. 74 00104 LIME 5,317.00 1350 110.00 175,000.00 1 0.00 0.001 50.00 1 0.00 0.001 80.05 1 530.00 9.99 17,161.05 1 1,400.05 - 06.205 820,415.40: 3,397.00 63.771 119,100.30
109. 30 55155 LINE 11,555.63 2000 515.00 3150,000.50 1 6030.00 51.031 516,545.00 1 3,064.00 25.511 015,760.00 1 2,741,63 23.131 53,695.00 1 0.00 0.001 10.00 1 0.00 5.051 . 50.05
110. 30' MATER LIRE 11,118.63 4300 575.55 0525,515.551 593.00 19.071 1158,150.75 1 3,064.00 26.551 050,355.051 2,741.63 14.055 177,511.25 I 0.00 0.001 50.001 0.50 0.051 50.00
111. 30' 55155 LINE 11,009.63 1550 515.05 1337,555.00 1 5204,00 17.175 1159,536.25 : 3,064.00 27.531 593,926.25 1 2,116.00 19.725 111,567.50 1 0.00 0.001 50.00 1 0.00 0.001 50.00
112. 30' MATER LINE 10,101.00 2750 175.00 1105,500.00 1 5204.00 50.125 1104,100.20 1 3,064.00 29.515 411,525.35 1 2,116,03 20.355 142,197.30 1 0.00 0.001 10.00 1 0.00 D.001 60.00
2. 121. 30' 50115056E .9,511.00 2000 475.00 1150,055.551 5204,00 52.7E 179,000.00 12,551.00 15.141 138,760.001 0.00 0.005 00.001 0.00 0.001 50.00 1 0.00 0.001 00.00
75. 24 55751 LINE 7,113.00 2500 060.50 1155,000.00 1 5204.00 70.201 1105,300.00 1 2,209.00 29.001 544,700.00 1 0.. 0.052 50.55 1 0.00 0.001 10.00 : 0.00 0.001 15.00
71. 06 55110 013E 1 0,900.00 511 821.00 117,516.00 1 5204.00 15.1E 411,233.19 1 1,696.00 11.551 54,311.11 1 0.00 0.001 10.00 1 0.00 0.001 10.00 1 0.00 0.001 10.01
117. 16' 1.E0 131E 3,647.00 1400 810.00 09,000.00 1 2192.50 62.13E 631,707.2D 1 1,354.00 31.135 520,795.50 1 0.00 0.002 10.00 : 0.00 0.001 0.00 1 0.00 0.001 00.00
74. 16' WATER LINE 3,171.00 00 140.00 031,000.001 2793.00 65.971 121,110.40 1 1,153.00 14.031 110,089,001 0.00 0.001 50.00 1 0.00 0.001 50.00 1 0.00 0.505 0.00
` 119. 16' MATER LINE 111.50 200 140.00 1104,000.00 I 0.00 0.001 10.00 1 171.00 150.005 8104,000.00 1 0.00 0.002 10.00 1 0.00 5.001 10.01 1 0.00 0.001 10.00
115. 16 54305 1105E 0 3002.00 1113 149.00 170,217.00 1 2911.00 94.451 166,319.96: 171.00 5.91 83,891,04 1 0.00 0.001 10.00 I 0.00 0.001 10.00 1 0.0D 0.005 50.00
170, 16' 55104 5150 1 3081.00 1511 449.00 074,156.00 I 2911.00 14.151 125,061.50: 111.00 5.555 01,117.32 1 0.00 0.001 10.00 1 0.00 0.002 50.00 1 0.00 0.011 00.00
17. 16' 04510 1.1110 2,151.00 350 110.00 1100,053,051 0.00 0.001 10.001 347.00 13.411 113,910.00 1 2,116.00 06.091 556,590.4015 0.00 0.501 40.001 0.00 0.001 50.00
101. 16' YAIEA LINE 1 2,116.00 1001 115.00 564,02.01 0.00 0.001 10.00: 0.00 0,001 40.00 1 2,116.00 100.001 11,4 172.00 15 0.00 0.001 10.05 1 0.00 0.001 10.00
16. 16 2116.00 905 138.00 134,10.00: 0.00 5.001 10.00 1 0.00 0.002 50.00 : 2,116.00 100.001 451,90.00 I. 0.00 0.001 10.00: 0.00 0.001 10.00
72, 10' 181105 LINE 1 341.05 1304 130.00 399,110.00 1 0.00 0.003 10.00 1 342.00 100.031 009,150.00 1 0.00 0.001 00.00 15 0.00 0.001 10.00 1 0.00 0.001 10.00
16. 16' 53120 LIKE 614 5120 040.00 4164,500.00 : 0.00 0.001 40.00 1 0.00 0.001 50,00 1 626.00 100.001 5164,00.. It 0.00 0.502 40,00 : 0.00 0.001 00.00
122. 12' WATER LINE 513.00 4705 030.00 1111,000.00 : 5.00 5.051 10.00 1 513.00 100.001 1141,000,. 1 0.00 0.051 0.00 I 0.00 0.002 50.00 1 0.03 0.001 0.00
551. 74• 547E5 LINE 5576.00 2555 10.00 1150,000.00 1 1046.00 12.201 415,150.40 1 0.00 0.001 45.00 1 530.00 6.10 49,270.00 : 1,103.00 16.322 921,450.00 : 5,600.00 65.301 597,950.00
1.00800574 12.4. L.S. 5250.000.001 1041.00 30.412 .6,100.00 1 0.00 0.501 40,05 1 530.00 19.111 815,700.00 : 1,100.00 51.451 1120,615.001 0.00 0.031 0.00
1.504 1.1. 10X11 L5. 01,168,200.00 1 3500.00 10.1E 1411,018.21 1 3,000.00 33.301 1417,011,10 I 2,116.00 24.381 4281,01.16 11 0.00 4.001 10.00 i 0.00 0.005
------ 00.00
5.41
4101211L•0011M1E 0347RUC1105 15,725,410.00 1 41,591,547.16 1 11,386,175.21 I 11,315,401.52 I 4312,99.52 1 6705,
20574421 1081 4251,507.16 11294,07.1615
056,090.00 1416,090.0015
• 045501590570 00E 064,07.05 1161,572.0015
FOR 6610111015 1134,390.05155
5174 55552 5010 131,290.00 0164,100.00 . 10164 _ _
001033 15,721,410.00 - 61,131,957.76 41,116,744.40 1764,014.36 1111,955.51 5705,175.67
EN511E50115 FEES 11011
1117561511 PEES 11011
CITY 0191211M FEEB 1231
LEGAL FEES 1112,0001
10551
1111101.15110115 TO 00110 50013 2557 1L15E 50.21
0031 4524,077.00
ENB11EER116 152,607.10
550/1110011 452,607.90
TOTAL 5631,294.00
1 1115552 07 REMAINING 015 ROCK 0400 220
P9RICIPMI USE 14111 85000
0.00.040 6750.00 35.312
3155 BUFF 1064.00 11.711
LIB 1100.00 8.551
1111505 900.00 31.312
16111.00 100.001
10101 ES11MA1ED 1 2001
FERN ALM PAYS ion
9 8595 1001
4 MEC C9 SL OP 11111 6571X4::0 C0151.27101 C1ST5 OF ALL 155.ED'S
r 111 1116 15135 BID 55 04 10 -5 16
141:4'76 53I565 :000'1 :IE2 ex] 4 014E5 MUMS BID PAICA 0 10.146:
1572,141,00 4111,195.75 1195,674.14 076,102.41 131,293.53 .0,517.9
1512,141.00 1193,193.75 5148,674.45 476,447.44 0,517.57
115,116.00 155 525,006.31 5,5 415,855.15 151 59,324.11 150 1 31,295.55 31,135.52 555 $ 577 0,517.57
112,000.00 1],5..00 13,000.00 10.0
------- _ .___. _..0 ._____. 03,000.00 13,000.00
55,141,10.00 12,116,121.61 12,155,414.03 1976,19.31 3305,20.06 4164,352.32
1117,960.31
10.05
10.00
10.00
10751 80000 ROD 103E151247 SNARE 1117,90.31
61,019,182.00
00.00
055,114.43
05.00
10.0
155,374.0
1631,791..
0774,150.71
15112,960.311
1055,94.131
1521,290.161
11101,274.941
11791,150.511
17.461.373.76 10.00
0.00 10.00
40.00 50.00
125,290.0 10.00
10.00 1101,774.11
425,791.06 0101,221.95
1110,553.11 1165,511.26
DATE: February 10, 1987
SUBJECT: Council Agenda, February 12, 1987
ITEM: 13C - Consider a resolution authorizing the Mayor to
enter into a contract with the West Round Rock
Water Group.
The West Round Rock contract is a multi - developer water line construction
project which will construct major lines to L & N Land Corporation, Fern Bluff,
Hyland Joint Venture, Hyland North Joint Venture, E.C. Joint Venture #1, Tom
E. Nelson, Jr., Trustee, and the City of Round Rock. The group will construct
the project and the city's oversized will be paid for as provided for in the
oversize policy.
STATE OF TEXAS
COUNTY OF WILLIAMSON
TH S AGREEMENT is made and entered into on this 1 day
of , 1987, by and between the City of Round
Rock, exas, ( "City "); Milburn Investments, Inc., Hy -land
Joint Venture, Hy -land North Joint Venture, E.C. Joint Venture No.
1, L & N Land Corp., and Tom E. Nelson, Jr., Trustee No. 1 and
Mayfield Ranch Venture, ( "Participants "); and Reata Management, a
sole proprietorship, ( "Project Manager ").
WHEREAS, Participants own or have within their boundaries
approximately 4,700 acres of land contained in an area generally
west of the City's limits, said area being designated as the "Study
Area" in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have access to a
sufficient municipal water service, and
WHEREAS, a study performed by the engineering firm of Haynie,
Kallman & Gray, Inc. has determined that in order for the Study
Area to have access to City's water system, certain improvements
consisting of several water lines and one or more elevated tanks
must be constructed, ( "Improvements "), and
WHEREAS, the City requires that the Improvements be oversized
beyond the actual needs of the Participants in order to provide
capacity for future development in the Study Area,
WHEREAS, Haynie, Kallman & Gray, Inc. estimate that the total
cost of constructing said Improvements, including an amount for
contingencies, engineering, inspection, management, and legal fees
is $7,073,982.00, all as set forth in Exhibit "G ", attached hereto,
and
WHEREAS, the City does not have current funds available for the
construction of said Improvements, and
WHEREAS, in order to construct the needed Improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Participants
wish to jointly finance the construction of the Improvements, and
to contract with Riata Management, to administer the construction
of the Improvements, Now Therefore, It is Agreed That:
1.01. Participants own or have within their boundaries the
number of acres of land within the Study Area as indicated below:
WTRAG
NAME
3 -10 -87
WEST ROUND ROCK WATER SYSTEM IMPROVEMENTS AGREEMENT
Recitals
I.
1. Milburn Investments, Inc.
2. Hy -land Joint Venture
Hy -land North Joint Venture 2,209.540
E.C. Joint Venture No. 1
3. L & N Land Corp. 316.018
4. Tom E. Nelson, Jr., 497.12
Trustee No. 1
Mayfield Ranch Venture 981.29
MORE
PARTICULARLY
DESCRIBED IN
NUMBER OF ACRES EXHIBIT
690.406 "B"
HC"
HD"
HE"
"E -1"
a 1 I
TYPE OF
RESIDENTIAL UNIT
II.
2.01. The capacity of the water system Improvements to be
constructed shall be measured in terms of Living Unit Equivalents
(LUE's). For the purpose of this agreement an LUE is deemed to
consume 480 gallons per day of water. Participants require for
their respective tracts of land and the City agrees to provide the
number of LUE's in the Improvements as indicated below:
NAME LUE's
1. Milburn Investments, Inc. 3,064
2. Hy -land Joint Venture
Hy -land North Joint Ventura 6,250
E.C. Joint Venture No. 1
3. L & N Land Corp. 1,400
4. Tom E. Nelson, Jr., Trustee No. 1 2,066
Mayfield Ranch Venture 3,534
The number of LUE's in each segment of the Improvements shall be
allocated to each Participant and City in accordance with Exhibit
"Gv
2.02. The number of LUE's for residential uses shall be
determined as follows:
NUMBER OF
LUE's
Single Family Detached 1.0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi - family 0.7 per unit
2.03. For commercial uses which distinctly comply with one of
the following development types, the LUE's of service shall be as
follows:
TYPE OF COMMERCIAL UNIT NUMBER OF LUE'S
Office 1 LUE /3000 Sq.Ft. of Floor Space
Office Warehouse 1 LUE /4000 Sq.Ft. of Floor Space
Retail; Shopping Center 1 LUE /1660 Sq.Ft. of Floor Space
Restaurant; Cafeteria 1 LUE /200 Sq.Ft. of Floor Space
Hospital (Includes Cafeteria) 3 LUE /Bed
Rest Home (Includes Cafeteria) 1 LUE /Bed
For facilities owned and operated by Public Schools, Counties,
Fire Departments serving the public, and churches, the number of
LUE's shall be determined in accordance with the following formula;
Building Area x 6 x Land Area in Acres = LUE's
Land Area
For commercial uses which do not distinctly comply with any of
the preceding development types, the number of LUE's of service
shall be determined pursuant to certified engineers' data furnished
to and approved by the City.
2.04. Participants shall be entitled to allocate their LUEs
to their respective tracts, or any portion thereof, as they deem
2.
• •
advisable. In the event of transfer of title to any respective
tract, or any portion thereof, the City, unless notified as set
forth hereinafter, shall deem that a pro rata number of LUEs are
transferred with the conveyed property in accordance with the ratio
between the area of the conveyed property to the total area of the
property of the Participant owning such property at the inception
of this Agreement. Provided, however, any Participant may designate
in writing to the City the amount of LUEs transferred with the
conveyance of any tract or portion thereof; such written
designations to also be signed by the transferee.
2.05. Participants shall not be permitted to transfer or assign
their right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Participant; or
3. Subject to City Council approval, which shall not be
unreasonably withheld, to any property not described
in the Exhibits hereto, provided such property shall
be (i) adjacent and abutting to property described in
the Exhibits hereto, and (ii) owned by a Participant
who now owns property described in the Exhibits "B"
through "E -1" hereto.
2.06. All Participants other than Milburn Investments, Inc. shall
be permitted to transfer or assign their right to LUE's of line
capacity to a municipal utility district or a water supply
corporation created with authority over their property within the
Study Area owned by each of them.
2.07. Oversize capacity is required by the City to be built in
the project which shall be allocated to the City in accordance with
Exhibit "G" to be utilized as the City shall determine in its sole
discretion.
3.01. Project Manager, upon the execution of this Agreement by
all of the Participants, and in consideration of payment to Project
Manager of a management fee of three percent (3 %) of the Revised Cost
(as hereinafter defined) of the Improvements not already constructed,
shall in its name, but on behalf of City, and the Participants:
(a) engage the services of Haynie, Hallman & Gray, Inc.
to complete the plans and specifications of the
Improvements,
(b) obtain the acceptance of the City of such plans and
specifications,
(c) solicit bids and award any contracts for construction
of the Improvements in compliance with the
requirements of state law governing cities and where
more restrictive, in compliance with the requirements
of the Texas Water Code and the rules and regulations
of the Texas Water Commission relating to water
districts, and other applicable regulations for the
construction of the Improvements,
(d) enter into a contract (which shall include a payment
and performance bond for the full amount of the
contract) with the successful bidder or bidders, for
the construction of the Improvements,
3.
4.
(e) do such other acts and deeds as may be reasonably
necessary or appropriate, in order to construct and
administer the construction of the Improvements in
accordance with the plans and specifications, and
(f) proceed with due diligence and to use its best
efforts to accomplish in a timely manner all of the
foregoing.
3.02. Project Manager, Participants, and City agree that any
construction contract entered into for the construction of the
Improvements shall include the following guarantee by the contractor
to the Project Manager and City:
The Contractor warrants the materials and workmanship and
that the work is in conformance with the plans and
specifications included in this contract for a period of
one (1) year from the date of acceptance of the project.
Said warranty binds the contractor to correct any work that
does not conform with such plans and specifications or any
defects in workmanship or materials furnished under this
contract which may be discovered within the said one (1)
year period. The Contractor shall at his own expense
correct such defect within thirty (30) days after receiving
written notice of such defect from the City of Round Rock
or Engineer by repairing same to the condition called for
in the contract documents and plans and specifications.
Should the Contractor fail or refuse to repair such defect
within the said thirty (30) day period or to provide
acceptable assurances that such repair work will be
completed within a reasonable time thereafter, the City may
repair or cause to be repaired any such defect at the
Contractor's expense.
and that such guarantee after acceptance of the Improvements by the
City shall be assigned to the City for its benefit and the City shall
look solely to the Contractor and /or Project Manager for remedy of
any defect.
3.03. Within thirty (30) business days after execution of this
Agreement by all parties, each of the respective Participants shall
deposit either an initial letter of credit in the form of the letter
of credit attached hereto as Exhibit "F ", or cash, with the Project
Manager. The amount of the initial letter of credit or cash for each
Participant shall be the amount set forth on Exhibit "G" beneath each
Participant's name on the line marked "TOTAL ESTIMATED PARTICIPANT
COST ". In the event any Participant fails to deposit its letter of
credit or cash within the time prescribed above, any other
Participant may by written declaration delivered to the City, Project
Manager, and other Participants withdraw as a Participant without
creating an Event of Default hereunder and with no further
liabilities or obligations hereunder. However, upon deposit of all
required letters of credit or cash, even if not timely received, the
option to withdraw shall terminate, except as otherwise provided in
paragraph 3.04. If the nonwithdrawing Participants do not elect to
proceed, this Agreement shall terminate, and any cash and letters of
credit previously deposited shall be returned to the Participants
that deposited them, less any reasonable expenses theretofore
incurred in furtherance of this Agreement. Upon opening of bids for
construction of the Improvements and prior to the awarding of said
construction contracts, the Project Manager shall notify the
Participants of the amount of such bids, the Project Manager's
estimate of the total cost of the Improvements based upon the bids
(including costs other than construction costs, generally as
summarized on Exhibit "G ", such total cost being hereinafter called
the "Revised Cost "), and the amount of each Participant's share of
• •
the Revised Cost. The amount of each Participant's said share of the
Revised Cost shall be the sum of the following: (1) the sum of the
prorated costs for each Improvement described in Exhibit "G ", which
prorated costs are each the product of multiplying each Participant's
prorata percentage of each Improvement times the accepted bid amount
for that Improvement, (2) the sum of the prorated engineering fees,
contingency, and inspection fees for each Participant determined by
multiplying the appropriate percentage times the total of the
Participant's prorated costs based on the improvements described in
Exhibit "G ", (3) legal fees of $3,000.00 per each Participant, and
(4) each Participant's prorata share of the City's oversize share
calculated by multiplying each Participant's prorata percentage of
the City's costs times the accepted bid of the Improvements listed as
oversized on Exhibit "G ". In the event the Revised Cost is greater
than the Estimated Cost, within ten (10) business days after the
notice from the Project Manager, each Participant shall, except as
otherwise provided in paragraph 3.04, deposit an additional (or
substitute) letter of credit or cash in an amount so that such
Participant's letter(s) of credit or cash so deposited is equal to
such Participant's share of the Revised Cost. In the event any
Participant fails to deposit the required additional (or substitute)
letter of credit or cash, said Participant shall be deemed in default
of this contract and shall, in addition to being subject to all
remedies provided by law or equity, forfeit all letters of credit or
cash previously deposited. Said funds derived from the letters of
credit or cash, LUE's previously reserved to such defaulting
Participant, and the obligation of the defaulting Participant to
deposit additional cash or letter of credit, shall be shared prorata
by all non - defaulting Participants. Prior to completion and
acceptance of the Improvements by the City a final Exhibit "G" will
be prepared and the cost allocation of LUEs to the participants will
be finally determined.
Non - construction costs shall be equitably prorated among the
Participants. Where non - construction expenses are attributable to
specific line segments, the costs shall be prorated among the
Participants based on their share of said segment. Where
non- construction expenses cannot be attributed to a specific line
segment, the cost shall be prorated among the Participants based on
their total share of the Improvements.
3.04. In the event that the total of the lowest and best bids is
in excess of one hundred twenty percent (120 %) of the Subtotal -
Estimated Construction Contract Cost as shown on Exhibit "G ",
attached hereto, then any of the Participants may elect to withdraw
from this Agreement by written notice to the other parties hereto,
and thereby be entitled to the return of its previously deposited
cash or letters of credit less any reasonable expenses theretofore
incurred in furtherance of this Agreement, provided that such
election to withdraw must be received by the parties hereto within
five (5) business days from the date that Project Manager gives
written notice to the Participants and City of the amounts of the
lowest and best bids. Participants who do not withdraw may elect to
proceed with this contract under the same provisions set forth above
relating to proceeding in the event one or more Participants fail to
make additional deposits upon Revised Cost exceeding Estimated Cost
as provided for in Section 3.03 above. If the nonwithdrawing
Participants do not elect to proceed, this Agreement shall terminate
and any cash and letters of credit previously deposited shall be
returned to the Participants that deposited them, less any reasonable
expenses theretofore incurred in furtherance of this Agreement.
3.05. During construction of the Improvements, Project Manager
shall draw from time to time against the letters of credit or cash
deposited hereunder such amounts as are necessary to pay the cost
of Improvements (costs meaning all costs and expenses incurred by
Project Manager including, but not limited to, engineering,
surveying, legal, accounting, and condemnation costs, and the costs
5.
• •
and expenses of construction of the Improvements) in accordance
with the terms and provisions of the applicable construction
contract or contracts or agreements with other parties relating to
the construction of the Improvements. As each construction draw is
made an additional draw of two percent (2 %) shall be paid to the
City to reimburse it for its costs of inspecting the Improvements,
and an additional draw of the three percent (3 %) management fee
shall also be paid to Project Manager. Prior to the Project
Manager's drawing against the letters of credit, the Project
Manager shall notify each Participant in writing of the amount that
is necessary to pay the above costs as set out in Exhibit "G ". For
all such notices received by the Participants on or before the
twenty -fifth (25th) day of each month, the Participants shall have
until the tenth (10th) day of the following month to substitute
cash in lieu of a draw against its letters of credit. Any notice
received after the twenty -fifth (25th) day of each month shall be
reviewed and paid in the next following billing cycle.
3.06. It is understood and agreed that Exhibit "G" was prepared
on February 12, 1987, based upon estimated costs of completion of
the Improvements. The parties hereto agree that once the final
construction contracts for the improvements have been executed,
such Exhibit "G" shall be revised to properly reflect the actual
construction costs as indicated in the construction contracts. The
parties hereto agree to deposit additional or substitute letters of
credit or cash if the said revision to Exhibit "G" results in
construction costs being greater than the estimate of construction
costs on the same basis as outlined in paragraph 3.03 above upon
Revised Cost exceeding Estimated Cost, which shall be deposited
within ten (10) business days after receiving written notice from
Project Manager. The parties hereto further agree that Project
Manager may approve change orders with the contractors in an
aggregate amount not to exceed one percent (1 %) of the total amount
of such construction contracts without first obtaining the consent
of the Participants. Any change orders shall be added or subtracted
on a pro -rata percentage basis to the amounts shown on Exhibit "G"
as appropriate, and prorated among the Participants in accordance
with the manner in which non - construction costs are prorated as
provided in paragraph 3.03 above, and shall be payable, within ten
(10) business days after receipt of written notice from Project
Manager.
3.07. Upon completion of construction of the Improvements,
payment of all costs of the Improvements and within thirty (30)
days following acceptance by the City of Improvements, the
unencumbered balances of the letters of credit or cash deposited
hereunder shall be returned by Project Manager to the respective
Participants.
3.08. The City hereby agrees to the following provisions:
(a) The City will provide use of any and all City
rights -of -way and easements that might be reasonably needed by
Project Manager to construct the Improvements and perform its
obligations as herein provided. If necessary in order to provide
further required easements, the City shall initiate eminent domain
proceedings if such public necessity is declared by the City
Council. All costs of acquiring such easements shall be included as
part of the cost of the Improvements.
(b) so long as a Participant is not in default under this
Agreement, the City agrees to design and construct certain water
improvements which shall provide adequate water flow to
Participants through the Improvements being constructed by
Participants, such improvements to include but not necessarily
limited to a transmission line from the water treatment plant south
to Hwy. 1431 sized to provide at a minimum the amount of water flow
which can pass through the Improvements being constructed under
this Agreement. The City agrees to pursue design and construction
6.
• •
of such improvements with due diligence. It is agreed and
understood that the Participants shall have no further obligation
to fund any facilities other than the Improvements to connect to
the City's water system and other than those facilities for which
the financing and /or construction are the subject of other
agreements with the City and certain Participants. However, in the
event the Improvements as designed and constructed are inadequate
to provide the amount of water flow contemplated hereby, the City
shall have no obligation to fund any redesign or upgrade of any of
the Improvements, and such redesign or upgrade shall be the
responsibility of Participants.
(c) Although the Participants acknowledge that this Agreement
does not provide for actual water service, nevertheless the City
does agree to use its best efforts to acquire an adequate supply of
water and to construct the necessary treatment facilities,
transmission lines and appurtenances to provide water in the
Improvements in the amounts contemplated herein.
3.09. In the event any Participant commits an Event of Default
as defined herein, City and /or any non - defaulting Participants may
enforce specific performance of this Agreement against such
Participant and /or seek damages and costs and attorneys fees as
provided in 7.02 below.
3.10. Each of the following shall constitute an Event of
Default by a Participant hereunder:
(a) failure of such Participant to deposit any letter of
credit or cash or to pay any sum required to be paid by such
Participant under the terms and provisions of this Agreement during
the time periods specified herein; or
(b) the failure of a Participant to perform any of the other
covenants or obligations on its part contained herein.
3.11. (a) Each Participant shall have the right to review and
comment upon the plans and specifications prior to acceptance by
the City and submission to prospective bidders. The Project Manager
shall notify each Participant in writing that the plans and
specifications are ready for their review and comment and the
Participants shall have five (5) business days to review said plans
and specifications and to submit comments thereon.
(b) Each Participant shall have the right to review and
comment upon the contract for the construction of the Improvements
prior to the execution thereof by Project Manager. The Project
Manager shall notify each Participant in writing that the
construction contract(s) are ready for their review and comment and
the Participants shall have five (5) business days to review said
contract and to submit comments thereon.
3.12. Upon completion of the Improvements in accordance with
the plans and specifications, Improvements shall be the property of
City and shall be operated and maintained by City and the City
shall administer the Improvements in accordance with this Agreement
and the rights of the Participants herein, provided however, the
Participants shall retain the right to and shall have an undivided
interest in the capacity and use of the water transmission lines
equal to their pro rata participation in said lines.
3.13. Nothwithstanding anything in this Agreement to the
contrary, the parties hereto consent to the assignment and transfer
by any Participant of all of its rights and obligations hereunder
to a municipal utility district or a water supply corporation
hereafter created over the property within the Study Area owned by
them.
7.
IV.
V.
VI.
4.01. Participants understand that the actual placement of the
water line will result in some tracts being crossed by a line and
some tracts not having immediate access to a line. The Participants
who own tracts actually crossed by the line agree to grant to the
City at no cost, reasonable easements for the placement,
construction, maintenance and repair of the line.
While every attempt will be made to locate the required
easements along property lines and other locations most convenient
to Participants, it is understood this is not always possible. It
is agreed that the final determination of the best location for the
easements will be made by the City in conjunction with Haynie,
Kallman & Gray, Inc.
5.01. As indicated in the attached Exhibit "G ", the
Participants are paying the City's share of this project. The
Participants are entitled to be reimbursed for their contribution
plus interest as provided in Chapter 8, Section 6.J. (4), Code of
Ordinances, City of Round Rock, as currently in effect. The City's
obligation herein shall be satisfied by payment in accordance with
the above referenced Section to the Project Manager of the City's
share of the Improvements. The Project Manager shall then
distribute the funds to the Participants in accordance with their
agreement.
6.01. This Agreement shall not be construed to exempt
Participants from the payment of any development, service, or
permit fee otherwise required by ordinances of the City, unless
otherwise agreed upon between the individual Participant and the
City.
6.02. This is a water line agreement only. Water supply and /or
service agreements are expressly excluded from this Agreement.
VII.
7.01. This Agreement 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.
7.02. 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.
7.03. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns.
7.04. 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 Aontract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
7.05. This Agreement is not intended to amend any written
contracts previously entered into between the City and any
Participants concerning the provision of water service.
8.
ATTEST:
• •
7.06. This Agreement shall not become effective unless executed
by all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the Project Manager to the party depositing same. If all parties
execute this Agreement, the effective date shall be the date signed
by the City of Round Rock.
7.07. The City shall indemnify and save harmless each
Participant and its agents and employees from all suits, actions,
or claims of any character, type, or description brought or made
for or on account of any injuries or damages received or sustained
by any person or persons or property, arising out of, or occasioned
by the negligent acts of City or its agents or employees, in the
execution or performance of this Agreement.
7.08. This Agreement may be recorded in the Official Records of
Williamson County by any party herein.
CITY OF ROUND ROCK / pr
By: f1A1 '~ -. 9 -4 /
Mike Robinson, Mayor (date)
am6C
nne Land, City Secretary
PARTICIPANTS:
1. MILBURN INVESTMENTS, INC.
By:
Bill Milburn, President
2. HY- LAN(. JOINT VENTURE
By: p.4U.A :/'Lt �`itAJ:I4A
Robert A. Fritsch
Agent and Attorney -in -fact
HY -LAND NORTH JOINT VENTURE
By: FPNIAMI t. fit+
Robert A. Fritsch
Agent and Attorney -in -fact
E. C. JOINT VENTURE NO. 1, a Texas
joint venture
9.
By: Harriet Ann Cozean 1986 Trust,
joint venturer
(date)
(date)
(date)
By: Robert Walter Cozean 1986
Trust, joint venturer ,(
By: //Mr/
Ro ert T. Cozean, Trustee (date)
By: e/• 14.6
Robert T. Cozean, Trustee (date)
State of Texas
County of
• •
By: Tiffanie Cozean 1986 Trust,
joint venturer
By: ` J %Ii
Robe T. Cozean, Trustee (date)
By: Mary Lou Cozean 1986 Trust,
joint venturer
By:
Robert T. Cozean, Trustee da e)
By: Debra Sale Trust,
joint venturer
By: 3-
Ed Wendler, Jr , Trustee (date)
3. L & N LAND CORP.
4.
By: 1 - 3\ L\ 1
Bruce French, Vice - President (date)
TOM E. NELSON, JR., Trustee No. 1 (date)
MAYFIELD RANCH VENTURE
By:
PROJECT MANAGER
Tom E. Nelson, Jr., Partner (date)
10.
State of Texas
County of Williamson 1 k
This instrument was acknowledged before me on)* I` ,
1987, by Mike Robinson as Mayor of the City of Round Rock.
Notary Public, State of 7 xas
Printed Name: 1 boYQh F 3 . * -
My commission expires:5-50 - g e t
This instrument was acknowledged before me on. / 0 ,
1987, by Bill Milburn, president of Milburn Investments, nc.
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas
County of
This instrument was acknowledged before me on w7Ce v/
1987, by Robert A. Fritsch, Agent and Attorney -in -fact, on behalf
of Hy -land Joint Venture, a Texas joint venture.
State of Texas
County of 1�./WX %;./ ..fix.
This instrument was acknowledged before me on`27,e2 Le
1987, by Robert A. Fritsch, Agent and Attorney -in -fact, on behalf
of Hy -land North Joint Venture, a Texas joint venture.
/-v 2 -L-
Notary lic, Smote o Teas
Printed Name: �/ d
My commission exp es: i n 75
State of Texas
County of
BEF E , the undersigned authority, on the � day
of 4,10 , 1987, personally appeared Robert T. Cozean,
Trustee, of Robert Walter Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture. �,
GIVE Z / UN MY HAND AND SEAL OF OFFICE this the .2%7 day
of ) , 1987. /
h to P�,,,� Notary Publi , State of Texas
u Commission Exp 02 Printed Name:
My commission expires:
County of
BEFORE ME the undersigned authority, on the �%� day
of `if , 1987, personally appeared Robert T. Cozean,
Trustee, of fIarriet Ann Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIV U DER MY HAND AND SEAL OF OFFICE this t. zlday
of , 1987. / /
/Ii�e,i/
Notary Pub .r State of Texas
Printed Name:
My commission expires:
BRIAN A. K1JE4ER
Notary Public, Stole zi Tern
v Commission Expires- 02,07/90.
• •
11.
Notary'9 St a of Tex s
Printed Name: � e/q //{ aTo jj
My commission expii- s: `/) # P
State of Texas
County of /4 (ti 1'J
BEF the undersigned authority, on the 27 m day
ofd/ , 1987, personally appeared Robert T. Cozean,
e,
Trust of Tiffanie Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this t•- 1 7 day
of J / , 1987.
BRIAN A. KI IETR
Notary Public, Sete o; T axas
My Commissmr Expns: 02 /07/30.
State o Texas
County of
County of
BEFO E , the undersigned authority, on the —7 day
of , 1987, personally appeared Robert T. Cozean,
Trus ee, of Mary Lou Cozean 1986 Trust, joint venturer in E.C.
Joint Venture No. 1, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the capacity
therein stated, and as the act and deed of said Trust in its
capacity as a joint venturer of said joint venture.
GIVE ER MY HAND AND SEAL OF OFFICE this the 7 day
of , 1987.
BRIAN A. KUFKER
Notary Pohl ls, Pd. ;: T ^aas
My Comm ssioo Exp2 o: 32/07/90
State of Texas
State of Texas
• •
GI UNDk R MY HAND AND SEAL OF OFFICE
of , 1987.
12.
Notary Public, State of Texas
Printed Name:
My commission expires:
Notary Public, `tate of Texas
Printed Name:
My commission expires:
BEF•3 M / the undersigned authority, on the ,.fie U day
of Ari/' - 1987, personally appeared Ed Wendler, Jr., Trustee,
of Debr= Sale Trust, joint venturer in E.C. Joint Venture No. 1, a
Texas joint venture, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the capacity therein stated, and as the
act and deed of said Trust in its capacity as a joint venturer of
said joint venture.
this the - day
Notary Public, S to of TP a�
Printed Name: Lc -cL L t 6�
My commission expires:
County of /I
This instrument was acknowledged before me on ar'/)
1987, by Bruce French, Vice President of L & N Land orp., a Texas
corporation, on behalf of said corporatio
m 4644v AL
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas
County of
County of
This instrument was acknowledged before me on
1987, by Tom E. Nelson, Jr., Trustee.
State of Texas
• •
Notary Public, State of Texas
Printed Name:
My commission expires:
This instrument was acknowledged before me on
1987, by Tom E. Nelson, Jr., general partner, on behalf of Mayfield
Ranch Venture, a Texas joint venture.
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas �(
County of 0,4/64
This instrument was acknowledged before me on
1987, by James Hislop, sole proprietor of Reata Man ement g ,
behalf of said proprietorship.
13.
•1
on
Notary Pu is , S to 9f T xa
Printed N me: q go/Tr d S,44 -
My commission expi es: in'5c1a
7A4 7[2 mTkg
MI. MY
Mine ID
MIL 44.
•••••
NELSON
TRACT
MT. C
At. rTEINAIN
EXHIBIT A
PROPOSED
WEST ROUND ROCK
WATER SERVICE AREA
STORAGE AND TRANSMISSION
IMPROVEMENTS
�Enm
o 000. 00000 w
-- ny ▪ ir rt
rev= Lam stomftece
PROP OE ED 1.0 NO
I000DPI PE
MAiATexas
E.OT!X4 1Y
0.1. r.TexuxE
His€
Haynie mg n G Engineers bL
• •
EXHIBIT B
CARLSON & DIPPLL
SURVEYING COMPANY
FIELD NOTES
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE J.H. DILLARD SURVEY, ABSTRACT NO. 179, SITUATED IN WILLIAMSON
COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING
THAT CERTAIN 207•ACRE TRACT OF LAND CONVEYED IN A DEED TO FRED C.
OLSON, OF RECORD IN VOLUME 320, PAGE 306 OF THE WILLIAMSON COUNTY,
TEXAS DEED RECORDS, SAID TRACT BEING 145.31 ACRES OF LAND MORE FULLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin found at the southwest corner of the herein described tract,
a point in the south line of the J.H. Dillard Survey, Abstract No. 179 and the southeast
corner of a tract described as 330 acres in a deed to Charles N. Avery, recorded in
Volume 362, Page 477, Williamson County, Texas Deed Records,
THENCE, with the most westerly fence line of the herein described tract, the following
six (6) courses and distances, numbered 1 through 6,
1. N 18 °57'45" W, 1607.13 feet to a 60d nail set in a dead 8" cedar tree stump,
2. N 18 °55'02" W, 625.86 feet to an iron pin set at the base of an 11" post
oak tree,
3. N 18 ° 26'50" W, 167.30 feet to a 60d nail set in the root of an 8" elm tree,
4. N 19 °02'13" W, 675.41 feet to a 60d nail set in the root of an 8" oak tree,
5. N 19 ° 04'59" W, 1010.75 feet to a Hilti nail set in the fence line,
6. N 19 °01'51" W, 135.56 feet to a point in the center of the south fork of
Brushy Creek for the most northwesterly corner of the herein described tract,
THENCE, with the center of the creek 14 52 °44' E, 663.30 feet and 14 47 °54' E, 628.75
feet to its confluence with Brushy Creek,
THENCE, with the centerline of Brushy Creek, N 85 °02' E, 615.20 feet to a point in
the center of the creek and in the south line of a tract described in a deed to Perry
Mayfield, recorded in Volume 511, Page 698, Williamson County, Texas Deed Records,
for the northeast corner of the herein described tract,
THENCE, leaving said creek, S 08 °06'21" E, 118.85 feet to an iron pin found in the
south line of Brushy Creek Road, join and follow a fence line, in all 1489.10 feet to an
iron pin set at a fence post,
THENCE, following said fence, the following five (5) courses and distances, numbered
1 through 5,
1. S 02 °39'16" W, 206.89 feet to a 60d nail set in the base of a 24" cedar tree,
2. S 05 °36'46" E, 322.87 feet to a 60d nail set in the base of a 24" live oak tree,
3. S 09 °59'29" E, 237.77 feet to an iron pin set at the base of a 18" pecan tree,
4. S 15 °29'24" E, 740.61 feet to an iron pin found,
5. N 74 °38'58" E, 365.09 feet to an iron pin found in a fence line, being the
west: line of a tract owned by O.E. Beck, recorded In Volume 475, Page 227,
Williamson County, Texas Deed Records,
THENCE, following said fence, the following five (5) courses and distances, numbered
1 through 5,
1. S 15 °22'58" E, 416.21 feet to an iron pin found,
2499 CAPITAL OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78746 • (512) 327 - 8290
EXHIBIT "B ", Page 1
Page 1 of 9
Olson Tract 145.31 Acres
Page No. 2
2. 5 24 °53'48" W, 1100.36 feet to an iron pin found,
3. S 24 °52'08" W, 79.86 feet to an iron pin found,
4. 5 24 °50'55" W, 394.34 feet to en iron pin found,
5. S 69 °48'24" W, 538.28 feet to the PLACE OF BEGINNING, containing 145.31
Acres of Land.
SAVE AHD EXCEPT from subject property .756 acres of land out of and a part of that
certain tract or parcel of land conveyed to Fred C. Olson of record in Volume 320,
Page 306, Williamson County, Texas Deed Records, said .756 acres of land being that
portion of Brushy Creek Road that crosses the above described 145.31 acre tract of
land, being more fully described by metes and bounds as follows:
BEGINNING at a point in the east line of said Olson tract, from which the northeast
corner of said Olson tract, bears N 08 °06'21" W, 118.85 feet for the southeast corner
of the herein described tract,
THENCE, with the south line of the herein described tract, the following two (2) courses
and distances, numbered 1 and 2,
1. S 85 °02' W, 3.27 feet,
2. S 86 °50'26" W, 743.43 feet for the southwest corner of the herein described
tract,
THENCE, N 47 °57' E, 73.27 feet for the northwest corner of the herein described tract,
THENCE, with the north line of the herein described tract, N 86 °50'26" E, 685.69 feet
for the northeast corner of the herein described tract,
THENCE, S 08 °06'21" E, 46.07 feet to the PLACE OF B GINNING, containing .756 Acres
of Land.
Surveyed By:
H R /ccr
Job No. 84 -075
9/24/94
oma
Carlson & Dip
2499 Capital of Tex
Austin, Texas 78746
tg wa
EXHIBIT "B ", Page 2
Page 2 of 9
Date / - ,Zy (..
CARLSON & DIPPLL
SURVEYING COMPANY
FIELD NOTES
2499 CAPITAL OF TEXAS HWY., SUITE 105 • AUSTIN, TEXAS 78746 • (512) 327-8290
EXHIBIT "B ", Page 3
Page 3 of 9
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE J.H. DILLARD SURVEY, ABSTRACT NO. 179, SITUATED IN WILLIAMSON
COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING
THAT CERTAIN 77.28 ACRE TRACT OF LAND CONVEYED IN A DEED TO MARVIN
DAVID OLSON, OF RECORD IN VOLUME 599, PAGE 175 OF THE WILLIAMSON COUNTY,
TEXAS DEED RECORDS, SAID TRACT BEING 77.40 ACRES OF LAND MORE FULLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point in the center of Brushy Creek at the northeast corner of the
77.28 acre tract and in the south line of a tract owned by Perry Mayfield of record
in Volume 511, Page 698, Williamson County, Texas Deed Records, .
THENCE, S 17 °07'49" E, 125.44 feet to an iron pin found In the south line of Brushy
Creek Road, beside a fence corner post,
THENCE, following the most easterly fence line of the herein described tract, the
following seven (7) courses and distances, numbered 1 through 7,
1. S 16 °15'27" E, 263.16 feet to a 60d nail set In a 14" elm tree,
2. 5 20 °22'22" E, 76.20 feet to an iron pipe found,
3. S 27 °09'06" E, 50.61 feet to a nail found in an 8" oak tree,
4. S 17 °45'46" E, 120.99 feet to an Iron pin found,
5. S 19 °00'53" E, 600.20 feet to an iron pin found,
6. S 19 °17'04" E, 524.93 feet to an iron pin found,
7. S 19 °56'10" E, 47.56 feet to a 4" steel post found for a corner of the herein
described tract,
THENCE, with a fence line, the following four (4) courses and distances, numbered 1
through 4,
1. S 70 °04'28" W, 57.12 feet to an iron pipe found,
2. S 70 °15' W, 532.68 feet to a nail set in a 16" post oak tree,
3. S 70 °53'23" W, 27.30 feet to an iron pipe found,
4. S 71 °15'43" W, 839.45 feet to an iron pin found beside a fence corner post,
THENCE, with a fence line, being the west line of a tract owned by O.E. Beck of record
in Volume 475, Page 227, Williamson County, Texas Deed Records, the following three
(3) courses and distances, numbered 1 through 3,
1. S 15 °20'19" E, 180.17 feet to an iron pin found,
2. S 15 °22'51" E, 84.93 feet to an iron pin found,
3. S 15 °23'07" E, 621.53 feet to an iron pin found for a corner of the herein
described tract,
THENCE, following a fence, the following six (6) courses and distances, numbered 1
through 6,
1. S 74 °38'58" W, 365.09 feet to an Iron pin found for the southwest corner of
the herein described tract,
2. N 15 °29'24" W, 740.61 feet to an iron pin set at the base of an 18" pecan tree,
3. N 09 °59'28" W, 237.77 feet to a 60d nail set in the base of 24" live oak tree,
4. N 05 °36'46" W, 322.87 feet to a 60d nail set in the base of a 24" cedar tree,
5. N 02 °39'16" E, 206.89 feet to an iron pin set at a fence post,
Olson Tract 77.40 Acres
Page No. 2
Surveyed By:
H R /ccr
Job No. 84 -075
9/24/84
6. N 08 °06'21" W, 1370.25 feet to an iron found in the south line of Brushy
Creek Road, in all, 1489.10 feet to a point in the center of Brushy Creek,
for the northwest corner of the herein described tract,
THENCE, with the center of the creek, N 85 °02' E, 1031.70 feet and N 73 °53'21" E,
368.03 feet to the PLACE OF BEGINNING, containing 77.40 Acres of Land.
SAVE AND EXCEPT from subject property 1.50 acres of land out of and a part of that
certain tract conveyed to Marvin David Olson of record in Volume 599, Page 175,
Williamson County, Texas Deed Records, said 1.50 acres of land being that portion of
Brushy Creek Road that crosses the above described 77.40 acre tract of land, more
fully described by metes and bounds as follows:
BEGINNING at a point in the west line of the said Olson tract from which the northwest
corner of said Olson tract bears N 08 ° 26'01" W, 72.78 feet for the northwest corner of
the herein described tract,
THENCE, with the north line of the herein described tract, the following three (3)
courses and distances, numbered 1 through 3,
1. N 85 °02' E, 769.72 feet to a point of curvature,
2. With a curve to the left, whose radius equals 3075.06 feet, an arc distance
of 598.11 feet and whose chord bears N 79 °27'40" E, 597.16 feet to a point
of tangency,
3. N 73 °53'21" E, 42.27 feet for the northeast corner of the herein described
tract,
THENCE, S 17 °07'49" E, 46.01 feet for the southeast corner of the herein described tract,
THENCE, with the south line of the herein described tract, the following three (3)
courses and distances, numbered 1 through 3,
1. S 73 °53'21" W, 43.09 feet to a point of curvature,
2. With a curve to the right, whose radius equals 3121.06, an are distance of
607.05 feet and whose chord bears S 79 °27'40" W, 606.10 feet to a point of
tangency,
3. S 85 °02'W, 767.19 feet for the southwest corner of the herein described tract,
THENCE, N 08 °06'21" W, 46.07 feet to the PLACE OF BE containing 1.50
Acres of Land. , ........
1110h1AS 1. C088e
ry
Carlson fc Dippe g Company
2499 Capital of Texas Highway, Suite 8105
Austin, Texas 78746
EXHIBIT "B ", Page 4
Page 4 of 9
FIELD NOTES FOR 466.402 ACRES
fiehl notes describing n 466.402 acre tract of lend in the William
Dugan .Survey, Abstract No. 190, in Willinmson County. Texas and
being a pert of a tract of 1nnr1 celled 472.156 acres of lend in a
deed to Bill Hilburn. Inc. recorded in Volume 1020 Page 202 of the
Donrl Records of Williamson County, Texas and being more
particularly described by metes and bounds no follows:
BtCIr1NINC nt a point on the South line of County Roar! 1 174 for the
Northeast corner of this tract from which point the intersection of
the occupied South' line of County Road 1174 end the occupied West
line of n tract of land conveyed to Clarence L. Souls by deers
recorded in Volume 608 Page 936 of the above mentioned Deed
Records. and the Northeast corner of the above mentioned 472.156
acre tract hears S 75 31' 03" E 72.41 feet.
TUF;NrIi .S 19 33' 16' E 2721.90 feet to s point for en nngle point.
l'HEEE :' 1. 19 19' 09' 12 16131.33 feet to n point on the occupied
North 11no. of 131.71 pore tract conveyed to A.N. Robinson, Jr. et
a1 ifl Volume 413 Page 626 of the said heed Records for the
Fnuthrnst corner of this tract.
Tlll:,v(;h: with the occupied North line of the said 131.71 acre troct
(or rho follnwing four (4) courses:
(1)
(2)
(3)
(4)
• 67' 25' 44" W 253.91 Feet to an iron pin found.
S 48' 51' 37" W 436,37 feet to an .iron pin found.
S 68 44' 48" w 332.74 feet to an iron pin found.
• WI" 47' 09" W 407.51 feet to en iron pin found in the
.orthenst corner of bat 1 in Block 12 of Brushy Creek Section
Two as recorded in Cnbinot C Slides 324 through 331 of the
Pint Records of Willinmson County, Texas and the occupied
Rorthwest corner of the sold 131.71 acre trect for the most
Easterly Northeast corner of n Boundary Line Agreement.
betvo,,, E.O. Beck and C.N. Avery Jr. et el, recorded in
Volume 648 Page 469 of the said Deed Records.
IV/El:CJ with the said Boundary Line Agreement and the North line of
the said Block 12 for the following two courses:
(1) .f nn° 27' 58" W 1903.98 feet to on iron pin found.
(2) 49° 43' 12' IV 1169.80 feet to an iron pin found in an
angle point of the North line of Lot 29 in the said Block 12
for the Southwest corner of the said 472.156 acre troct and
the Southwest corner of this tract.
T!II:NCI1 2' In 0o' 00' N with the said Boundary Line Agreement, the
r-:at line of the said Brushy Creek Section Two, the East line of
The hillside at Brushy Creek ns recorded in Cabinet E Slides 305
and 906 of the said Pint Records, and the East line of Brushy Creek
Seetion Ilno, no recorded in Volume 12 Pages 64 through 49 of the
said Plat Records. 4256.28 feet to an iron pin found in the
intersection of the Best line of Grent oaks 'Drive and the South
line of County Road 1174, for the Northeast corner of the said
nr..shy crook Ser.tinrr One.
EXHIBIT "B ", Page 5
Page 5 of 9
G
TI'I;Nc1:' N 19° 00' 00" W et 40.00 feet pass end iron pin found in
alit intersection of the said Boundary Line AOreement and the North
1 inc of County Rood 1174 end continue for a total of 189.00 feet to
n pin found on the approximate centerline of Brushy Greek. in
the North and of the said Boundary Line Agreement and the most
! Northwest corner of the said 472.156 acre tract.
T %1F; ,NCE with the fast lino of 1,ot 7 in Block 6 of Great Oaks Section
recorded in Volume 10 Pages 31 through 34 of the said Plat
.•cor,ls for the 'following two (2) courses!
(1) 2 ° 22' 20." E 42.32 feet to en iron pin found.
(2) w 01 17' 46" 6 95.70 to an iron pin found in the Southwest
corner of a 2.19 acre tract of land conveyed to the Williamson
County Municipal Utility District No. 2 In Volume 738 Page 555
of the said need Records for the most Northerly Northwest
corner of the said 472.156 acre tract and the Northwest corner
of this trnct.
Tf1h:X'CE :v 76 00' 46" 6 301.75 feet to an iron pin found in the
Southeast corner of of the said 2.19 acre tract end the Southwest
of n 5.34 acre tract of land conveyed to Peal Gifford by
d r.ed recorded in Volume 633 Pnge 270 of the said Deed Records.
'11t:NF :B R 76 34' 50" 6 with the South line of the said 5.34• acre
trac. 157.70 feet to nn iron pin set for an angle point..
1)110,!!f N 79° 111' 32" E 85.85 feet to en iron pin .set for an angle
p, rat ,
,V :45 00' 03" f; 65.20 feet to nn iron pin forrnrl in the
Southeast canter of the sefd 5.34 acre tract and the Southwest
of :r 4,15 acre tract conveyed to Paul Gifford In Volume 672
Nape 463 of the said Deed records.
T/0(0 N 84° 58' 54" 6 with the occupied South line of the said
4.!5 acre trot-, 29.07 feet to an Iron pin set for an angle po
WINCE 8 77° 17' 32" F: 57.68 feet to an Iron pin ,set for en nngle
;mint.
TIMNi N 72' 05' 18" li 140.71 feet to an iron pin found in the
..ant hen =t enact of tl.e said 4.15 acre tract and the . Southwest
car. l n 5.311 acre tract conveyed to Norio Obledo by decd
...or�•.r r� in Volume 645 Page 922 of the said Deed Records.
101'3)).. 7'1° 17' 53" R with the South line or the 901d 5.311 acre
1r1rr 14(,0;1 feet to art iron pin found.
73r P'Nr:t! 1' 45° 14' 13" L' 1114.90 feet to nn .Iron plo found on the
t',• =r line of 'rank: ' ns recorded in Cabinet r: ,nllda 319 of
rh.• ...id pint Records for the Southeast corner of the said 5.30
ncra tract.
19 27' 51" E 96.77 feet to n point on the approximate
centerline of Brushy Greek said point being the .Southwest corner of
cbr .rain Tonk•awa V111090.
EXHIBIT "B " Page 6
Page 6 of 9
TIM : :;vai down the npprosimate centerline of Brushy Creek and the
South Line of the said Tonkewa Village for the following eight (8)
(I) N 62 79' 45' ti 179.76 feet to an angle point.
(2) R 414 26' 45" 17 224.57 feet to an nngle point.
(3) 6 44° 27' 50" 1i 350.80 feet to an angle point.
( 2 ' 40° :12' 411" 1i 168.36 feet to an eng)e point.
(5) )! 41° 42' 47' E 342.87 feet to an angle point.
(6) Y Ole 211' 45' 6 237.75 feet to an angle point.
(7) ,2 64' 45' 44' E 264.69 feet to nn angle point.
(g) id 74 04' 44' E 2111.93 feet to a point on the Rest .tine of
n 29,46 acre tract of land conveyed to Denr Creek Joint
Venture by deed recorded in Volume 950 page 185 of the said
need Records.
1'lI .1'C with the remnlns of an old fence on the West line, of the
:aid 29.46 acre trnct for the following three (3) courses:
(I) 07° 14' 11' E 132.83 feet to en iron pin found.
(7) A 12' 54' 01' E 5(.47 feet to an iron pin found.
(J) S 06° 30' 32' E 127.59 foot to an iron pin round on the
North line or County Road 1174 for the Southwest corner of
the said 29.46 acre tract.
/222,2'60 .S 06° 30' .32' li 44.10 feet to an iron pin round on the
nr(npir•,! Knuth line of County Road 1174 for on angle point of this
tract.
Tlllid'CE with the occupied South line of County Road 1174 for the
fni/nwine nine (9) courses,
(1) .Y 66 23' 39' E 55.85 feet to an iron pin found.
(7) n' 64 34' 03' 0 188.17 feet to on iron pin found.
(3) 2 70 41' 47' f•, 303.24 feet to an iron pin found.
(4) N 73° 06' 48' E 163.02 feet to an iron pin found.
(5) N 75 07' 50' E 245.01 feet to an iron pin found.
(6) N 85 43' 14' E 112.87 foot to on iron pin found.
(7) 5 00° 2(1' 12" E 176.31 feet to en iron pin found.
(9) S 96° 37' 49" E 246.95 feet to on iron pin found.
(7) F 75' 31' 03" 1i 53.53 feet to the POINT OF BEGINNING
containing 466.402 acres of land more or less.
2. Timothy 1,. Ilnynio, A REGISTERED PUBLIC SURVEYOR. do hereby
r.crcily that these field notes accurately represent the results of
An n- thr.- ,'round survey made under my direction and supervision on
the 25th riny of September. 1985. All corners locnted are as shown.
1'h, property described herein is correct and has no visible
repnnc ir.•.s, protrusions, e.ncronchments. ensearents. conflicts in
.n ndnry• nverinpping of improvements, roads in since, nor
nr(apc^ in area except as shown. This tract has access to and
from a dndicnted roadway.
IHAYNIE NAUMAN AND CRAY, INC.
Timothy E. )In - •nie,
Registered Public Surveyor No. 2380
note
13 . w
EXHIBIT "B ", Page 7
Page 7 of 9
•
FI61,? N07'135 FOR 2.796 ACR8S
r ,
eld ,aces descrihinp n 2.794 acre tract: of .Innrl In the . William
1 •ey. Abstract No. 190. in I(illiamnnn Gooney. 'Texan and
b,inn ni of a 2.79 acre tract of lend described in n deed to Pill
'i Iho, Inc. recorded in Volume 1020 Palle 202 or the Peed !ICcnrrin
1)/, County. Texas and /rein° more pnrticulorly described
a, folfows,
n al: an iron pin round in the inte.rner.tln,r of rho Fn;:( line
of ■ 'In) ::; //rive nod the occupied South line. of Cnnntr Road ,9174
r.hc Northeast corner of Iiru.slry Greek 17,ctior, ( s recorded
in volume 12 Tapes 44 throu0I, 49 of the Tint Records of l:'1111nnn:orr
Cnu,, r, 'Tern;:, nor! the Southwest corner of this trnct.
TNEECe .7 19 00' 00" W 40.00 feet to on iron pin fnnnd on the
,rr.N Line. of County Rood 1174 for the Northwe..st corner of thin
.l77t:Nc!,: with the North line of the said Gouty !fond 7174 riff. the
fnl l nevi n;; sixt (16) courses:
(1) N 70° 44' 38" 6 201.63 feet to an iron pin round.
(2) J 72° 58' 59" fi 428.7!• feet to nn iron pin footed.
(3) f 75' 01' 45" fi 224.88 feet to an iron pin fur, nil,
(4) N 67 56' 14" R 92.36 feet to on iron pin found.
(1) .1 611° 2e' 16" fi 317.52 feet to an iron pin found.
(6) N 56° 04' 52" IT 183.29 feet to an iron pin found.
(7) 51° 32' 34" 6 252.58 feet to on iron pin found.
(:I) N 49° 7!I' 04" r; 151.72 feet to an .iron pin roam?.
(n) N 46 12' 30" 8 312.05 feet to en iron pin found.
(10) N 76° 2!' 17" h; 55.00 feet to nn .iron pin found.
(11) N 68° 04' .34" (4 137.15 feet to en iron pin found.
4121 N 63° 13' 10" li 178.28 foot to en iron pin found.
(12) N 75° 46' Il" 6' 89.00 feet to err iron pier round.
(14) ,. 76" 47' 05" ° 193. feet to an iron pin round.
(15) 0 77' 53' 11" Ii 1(7.33 feet to nn .iron pin fnnurl.
(16) N 66° /7' 02" 6 99.44 feet to no .iron pin found 4n the
Soot/west corner of 0 29.46 Pere tract of land conveyed to
Peer Creek Joint Venture by deed recorded in I'q(nr,'r! '1511
1'nrlr l :11 of the above mentioned bend Rocorrls for the
,.rr(1,7a.vt Cnrnnr of this tract.
06 30' .22 h: 44.16 feet to an iron pin Found on f6c
r, ed r.
S6th lia u( County Road 1174 (or the .Southe:u:t corner of
r l,,•; l ra ct
EXHIBIT "B ", Page 8
Page 8 of 9
rllr:d'i;l: ,°itb the occupied South tine or count Mond 1/74 for the
n 11 n nq e: / (16) C011
(1) ; 66° 23' 39' I✓ 90.57 feet to no iron pin fnunrl.
(2) ,7 77 53' 51" N 131.09 feet to on iron pin fnnnd,
(') 76 47' 05" h' 193.2.5 fact to An iron pin fnuud,
( .5 75 Gil' 11' N 94,25 feet to on .iron pin found.
ill S 67 13' 50" 1,' 175.60 feet to on iron pin found,
(6) S 69' 09' 34' W 141.74 feat to nn iron pin found.
(7) 5 76° 21' 17" N 47.35 feet to an iron pin found.
,4 46° 52' 30" N 502.49.feet cn e n iron pl. found.
(9) .5 49 .79' 04" N /57.35 feet to no iron pin fo
(10) ,S 51° 31' 54' 1✓ 254.93 fret to no iron pin f orn rrl.
(I1) S 56 04' 52" N 106.41 feet to an iron pin found.
(12) !. 60 29' 16" N 321.66 feet to an Iron pin funnel.
(12) 67° 56' 19' N 97.44 Feet to on iron pin found.
(14) ,4 75 01' 45" N 230.65 feet to an iron pin 7.nnd.
(75) S 74 59' 59' I✓ 427.22 feet to an iron pin found.
(i6) .'i 70° 64' 29" N 201.07 feet to the ?OIN2' OP 1
..onIoininp 2.794 acres of innrl more nr loss.
I. Timothy 0'. Nnyni c, A REGISTERED R11111,JG SURVEYOR. do hereby
rrrtiry Lhnt these field notes and nttnclrnd plat .:crrrnrely
rO the results of an 0:,- the - ground snrvoy nndr nn,lcr my
direction .nod noporvi =ion en the 25th day of September. 1 "15. 411
• roroors 1nr,,tcd are as shown. The property described lrr.rrfrr is
, .nrrrcL nerd has no visible dosernptrncion. protrns lops.
, coo r hmnn rr; easenents, con l7l cts in bnundnry. aver l , rppi nn o
r
repro. nears. , onrls n,
nlac, nor shortnpas in ,r
r .rp7 „
'; 7r•, ;n. !Trio Lrnet has access to noel from n rl:edir.nl.ed rnndu•ny,
NAYNII) KALLNAN AN0 GRAY. 11111.
I)nte
9-ed• 8S"
EXHIBIT "B", Page 9
Ti iy 1:. I In yoi,'
NeRistercd Rnh.!!c Surveyor No. 27911
Page 9 of 9
N 70° 11' 46" E a distance of 300.35'.
N 66° 24' 58" E a distance of 72.52'.
N 62° 10' 03" E a distance of 52.41'.
N 59° 41' 55" E a distance of 717.04'.
N 60 47' 28" E a distance of 122.88'.
N 72 05' 45" E a distance of 196.26'.
S 18 16' 48" E a distance of 4256.53'.
N 70 18' 55" E a distance of 1169.80'.
N 69° 14' 40" E a distance of 1905.27'
5 19° 31' 45" E a distance of 1329.80'.
4110 4 10
EXHIBIT C
DISTRICT BOUNDARY DESCRIPTION
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
WILLIAMSON COUNTY, TEXAS
METES AND BOUNDS
EXHIBIT "C ", Page 1
Page 1 of 7
LYING WHOLLY IN WILLIAMSON COUNTY, TEXAS AND BEING
A 260.34 ACRE TRACT OF LAND OUT OF A 1545. 14 ACRE TRACT IN THE
JAMES SHELTON SURVEY, ABSTRACT NO. 552; JOHN MCQUEEN SURVEY,
ABSTRACT NO. 179; AND THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, SAID
1545. 14 ACRE BEING A PART OF A CERTAIN TRACT OF LAND DESCRIBED IN A
DEED FROM JENNIE BECK TO EUGENE O. BECK, ET UX; DEED OF RECORD IN
VOL. 558, PAGE 30, AND BEING ALL OF A 40.0 ACRE TRACT OF LAND DESCRIBED
IN A DEED FROM BESSIE CLARK SCHOOLEY, ET AL, TO EUGENE O. BECK, ET UX,
DEED OF RECORD RECORDED IN VOL. 426, PAGE 526, AND BEING ALL OF A
782.0 ACRE TRACT OF LAND DESCRIBED AS THE FIRST TRACT IN A PARTITION
DEED FROM JENNIE BECK TO EUGENE O. BECK, ET UX, DEED OF RECORD
RECORDED IN VOL. 475, PAGE 227 OF THE DEED OF RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID260.34 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY THE FOLLOWING METES AND BOUNDS.
BEGINNING AT AN IRON PIN IN THE NORTHWEST CORNER OF A 112.867
ACRE TRACT OUT OF THE ABOVE SAID 1545.14 ACRE TRACT AND BEING A PART OF
THE SAID 260.34 ACRE TRACT, SAI D 112.867 ACRE TRACT BEING MORE FULLY
DESCRIBED IN A DEED OF CONVEYANCE AS RECORDED IN VOL. 649, PAGE 30
OF THE DEED OF RECORDS OF WILLIAMSON COUNTY, TEXAS.
THENCE along the following bearings and distances describing the said 260.34
acres.
•
S 71° 09' 39" W a distance of 482.76'.
S 70° 05' 46" W o distance of 335.86'.
5 70° 48' 09" W o distance of 547.55'.
S 18 31' 18" E a distance of 393.00'.
N 71° 36' 11" W o distance of 2403.03'.
N 77° 31' 41" W a distance of 3169.32'.
N 15° 41' 48" W a distance of 928.00'.
N 70 54' 41" E a distance of 472.37'.
N 70 59' 21" E a distance of 395.77'.
N 69° 53' 43" E a distance of 589.06'.
N 20 20' 12" W a distance of 246.23'.
N 19° 09' 14" W a distance of 251.52'.
N 19 20' 09" W a distance of 714.58'.
N 17° 09' 01" W a distance of 81.41'.
N 28 35' 35" W a distance of 43.90'.
N 20° 08' 46" W a distance of 82.48'.
N 16° 44' 34" W a distance of 263.93' to the point of beginning, and containing
260.34 acres, more or less.
EXHIBIT "C ", Page 2
Page 2 of 7
• •
DISTRICT BOUNDARY DESCRIPTION
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
WILLIAMSON COUNTY, TEXAS
METES AND BOUNDS
Page 3 of 7
LYING WHOLLY IN WILLIAMSON COUNTY, TEXAS AND BEING
A 464.81 ACRE TRACT OF LAND OUT OF 1437.45 ACRES OF LAND, SAME
BEING OUT OF JOHN POWELL SURVEY, ABSTRACT NO. 491, EPHRAIM
EVANS SURVEY, ABSTRACT NO. 212, AND WILLIAM KINCAID SURVEY, ABSTRACT
NO. 374 SAID 1437.45 ACRES BEING DESCRIBED IN A DEED OF CONVEYANCE
FROM JAMES GARLAND WALSH AND WIFE, MILDRED WALSH TO TOM E.
NELSON, JR. TRUSTEE /1, AS RECORDED IN VOLUME 571, PAGE 446 OF THE
DEED OF RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID464.81 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING METES
AND BOUNDS.
BEGINNING FOR REFERENCE AT AN IRON STAKE MARKING THE SOUTH-
WEST CORNER OF SAID 1437.45 ACRE TRACT AS DESCRIBED IN SAID VOLUME
571, PAGE 446 OF THE DEED OF RECORDS, WILLIAMSON COUNTY, TEXAS.
•
THENCE N 19° 43' W a distance of 994.70' to a point.
THENCE N 20° 01' W a distance of 157.56' to the point of beginning.
THENCE t'le following bearings and distances describing the said 464,81 acres.
N 19° 37' W a distance of 256.36'.
N 54° 45' W a distance of 52.07'.
N 20° 12' W a distance of 517.71'.
N 20° 03' W a distance of 825.47',
N 19° 33' W a distance of 556,20'.
N 20° 11' W a distance of 814.36'.
N 20 04' W a distance of 800.00'.
N 20° 00' W a distance of 223,65'.
N 70° 14' E a distance of 5131.05'.
S 21 05' 22" E a distance of 1721.21'.
S 68° 06' W a distance of 173.92'.
EXHIBIT "C ", Page 3
• •
S 21° 01' E o distance of 2195.40'.
5 65 41' W o distance of 598.64'.
S 69° 22' W a distance of 1291.65'.
S 69 21' 52" W a distance of 100.39'.
S 69 22' W a distance of 2910.61' .
5 69° 16' 36" W a distance of 99.87' to the point of beginning, and containing
464,81 acres, more or less.
EXHIBIT "C ", Page 4
Page 4" of 7
BEING 1290.43 ACRES IN WILLIAMSON COUNTY, TEXAS, OF WIIICII 670.46 ACRES 15 IN
T110 JAMES SIILLEON SURVEY, ABSTRACT NO. 552; 523.02 ACRES 15 IN 1111: JUAN MCQIJLI ICI
SURVEY, ABSTRACT NO, 425; 74.00 ACRES IS IN THE JOAN II, DILLAIRD SURVEY, ABSTRACI
NO. 179 AND 22.95 ACRES 15 IN THE J.M. HARRELL SURVEY, ABSTRACT; 284, AND BEING
OUT OF AND A PART OF A CERTAIN TRACT OF LAND DESCRIBED IN A DEED FROM JENNIE
BECK TO EUGENE O. BECK, ET UX, DEED OF RECORD IN VOL. 558, PAGE 30 00 TIIE DEED
RECORDS Of WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION Of A 782.0 ACRE
TRACT OF LAND DESCRIBED AS TIIE FIRST TRACT IN A PARTITION DEED FROM JENNIE BECK
TO EUGENE O. BECK, ET UX, DEED DATED JANUARY 13, 1965, AND RECORDED IN VOL.
4 75, PAGE 227 OF THE DEED RECORD5 OF WILLIAMSON CCU NTY, TEXAS.
BEGINNING at on iron stoke in the North Right -of -Way line of F.M. Highway No. 620 for the
most Southerly corner hereof, said point bean N 21 49' W, 102.26 feet horn the Northwest
corner of a 254,5 acre tract of land described in a deed from Oscar E. Beck, el ux, to Eugene
Oscar Beck, et ux, deed of record in Vol. 360, Page 87 of Ilse Deed Records of Williamson
County, Texos;
TFIENCE N 19° 23' W, 476.84 feat a 20 inch live ook,ond N 21 13' 58" W, 383.78 feet to
live oak stump for on inside corner hereof; said point being on or near the Northeast corner
of the Thomas P. Davy Survey:
THENCE wills the fence along the South boundary line hereof and the North line of the Dovy
Survey as follows:
5 62° 18' 19" W, 91,58 feel to 0 14 inch live oak;
S 69° 23' 39" W, 213,38 feet;
5 70° 25' 55" W, 190.87 feet to a 6 inch live oak;
S 70 49' 15" W, 261.13 feet to a 12 inch elm;
5 70° 39' 26" W, 258.81 feet to 0 14 inch cedor;
S 69° 56' 26" W, 107,89 feel to o 14 inch live ook;
73° 30' 04" W, 82.64 feet to a 6 inch elm;
5 70° 09' 23" W, 130.99 feet to a 14 inch cedar;
70° 19' 25" W, 200.65 feet ton 14 inch elm;
S 69° 33' 36" W, 241.09 feet to an iron pin;
73° 05' 05" W, 193.54 feet to on iron pin;
5 68° 17' 26" W, 409.36 feet too pence post;
5 68° 57' 44" W, 121,64 feet to fence post;
S 76° 22' 13" W, 135.56 feel to an iron pin;
73° 50' 35" W, 182.66 feet to a 24 inch live oak for the Southwest corner hereof;
THENCE wills the fence along the West boundary line hereof and the West Isoundory line of the
above referred to 782.0 acre tract os follows:
N 19° 26' 43" W, 1211,86 feet;
N 19° 26' 23" W, 884.93 feel;
N 19° 29' 11" W, 1183.12 feet;
N 19° 28' 30" W, 957.73 feel and
N IB° 47' 28" W, 1740,44 feet to fence corner post for an outside corner hereof;
THENCE I4 73° 29' 12" E, 1513,35 feet loo fence corner pose for on ell corner hereof;
I HENCE N 20° 05' 39" W, 1522.32 feel to a fence corner post for on outride corner hereof
EXHIBIT "C ", Page 5
Page 5 of 7
THENCE N 69" 3 43" E, 772.83 feet to a fence posl,ond N 70° 12' 30" E, 541.00 fees to on
iron pin by o fence corner post;
THENCE N 24° 23 26" E, 1577,26 feel to an Iron pin b a fence post;
THENCE N 15° 54' 2B" W, 372.92 feet to on iron pin by a fence corner post fur the most Northern
corner of this tract same being the Southwest corner of Brushy Creek Subdivision, Section Two, os
recorded in Vol, 12, Page 58 of the Plat Records of Williamson County, Texas;
THENCE with the South line of Brushy Creek, Section Two, 5 77 31' 41" E, 3169.32 feet, and
S 71° 36' 11" E, 2403.03 feet to the Southeast caner of the said Brushy Creek, Section Two, being
on the East line of the aforementioned Beck Tract described in Volume 558, Page 30 of the soid
Deed Records;
THENCE with the East line of the soid Beck tract, S 18 31' 18" E, 544.57 feet, S 18 32' 19" E,
278.33 feet to an iron pin,S 18 41' 49" E, 212,19 feet to on iron pin,S 18 27' 20" E, 1067.15
feet to on iron pin,and 5 17 49' 36" E, 481,75 feet to an iron pin in the North Right-of-Way of
F.M. Highway No. 620 for the Southeast corner hereof;
THENCE 390,77 feet along the arc of o curve to the right whose centrol angle is 24° 44' 31 ",
whose radius is 903.93 feet long,ond whose chord bears 5 18° 46' 44" W, an d is 387.75 feet long
to o concrete Right -of -Wa monument marking the end of said curve.
THENCE 5 31 09' W, 320,00 feet to a concrete Right -of -Woy monument marking the beginning
of o curve to the right.
THENCE 351,90 feel along the orc of said curve to the right whose central ongle is 03° 33',
whore rodius is 5679.56 feet long, and whose ch «d bears 5 32° 55' 30" W, and is 351,90 feet
long loo concrete Right -of -Wo monument;
THENCE 5 34° 42' W, 643.80 feel to concrete Right-of-Way monument;
THENCE 457,29 feel along ilia arc of a curve to the left whose centrol angle is 4° 32',
whose radius is 5T/9.56 feet long,and whose chord bean S 32° 26' W, and is 457.17 feet long
to a concrete Right -of -Way monument marking the end of soid curve;
TIIENCE 5 30° 10' W, 836,20 feet loo concrete Right -of -Wa monument marking the beginning
of a curve to the right;
THENCE 659.25 feet along the arc of said curve to the right whose centrol angle is 06° 39',
whose radius is 5679.56 feet long,ond whose long chord bears 5 33° 29' 30" W, and is
658,88 feet long loo concrete Right -of -Way monument marking the end of said curve;
THENCE 5 36° 49' W, 2603,75 feet to a concrete Right -of -Wo monument morking the beginning
of 0 curve 10 the right;
THENCE 744.68 feel along the arc of said curve to the right whose centrol angle is 19° 01' 47 ",
whose radius is 2241.82 feel long, and whose chord bears 5 46° 19' 53" W, and is 741.26
(eel long to the PLACE OF BEGINNING; containing 1290.43 acres of land more « less. Field
Notes prepared September, 1980 from Public Records and Surveys by Russell D. Parker, Registered
Public Surveyor No. 1661 in August, 1976.
EXHIBIT "C ", Page 6
Page 6 of 7
• •
BEING 193.96 ACRES OF LAND IN THE JOHN MCQUEEN SURVEY, ABSTRACT NO. 425 IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF A 254.5 ACRE TRACT
OF LAND DESCRIBED IN A DEED FROM OSCAR E. BECK AND WIFE, JENNIE BFCK TO
EUGENE OSCAR BECK AND WIFE, GENELLE BECK, DEED DATED FEBRUARY 16, 1950, AND
RECORDED IN VOL. 360, PAGE 87 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS.
BEGINNING of on iron stoke on the Southeast Right -of -Way line of F.M. Highway No. 620
marking the Northeast corner of the above referred to 254,5 acre Iroct of land;
THENCE along the said Right -of -Way of F. M, Highway No. 620 as follows: S 34° 42' W, 249.92
feet to the beginning of a curve to the left;
TIIENCE 449,41 feel along the arc of said curve to the left whose central angle is 4° 32',
::hose radius is 5679.56 feet long,ond whose chord boon 5 32° 26' W and is 449.29 feet long;
THENCE 5 30° 10' W, 836.20 feet to the beginning of a curve to the right;
THENCE 670,86 feel along the arc of said curve to the right whose control ongle is 06' 39',
whc:c radius is 5/79.56 feet long,ond whose chord bears 5 33 29' 30" W, and is 670.48 feet long;
THENCE continuing with the soid Right -of -Way line, 5 36 49' W, 1934,46 feet to on iron
stake for the Northwest corner hereof;
THENCE 5 19 31'20" E, 1364.91 feet to on iron stoke in line with the fence marking the
Southwest corner hereof, soid point being an all corner in the South boundary line of the said
254.5 acre tract and being on or near the Northwest corner of the Malcom M. Hornsby Survey;
THENCE along the South boundary line of the said 254.5 acre tract as fenced and the North
line of the Hornsby Survey os follows:
N 70 39' 57" E, 692.34 feet to a 6 inch triple elm Tree;
N 71° 11' 06" E, 247.44 feet loo 10 inch elm tree;
N 75° 09' 33" E, 138.01 feet to an 18 inch post oak tree;
N 68' 12' 23" E, 218.98 feet to fence corner post;
N 71° 21' 15" E, 2008,58 feet to on oxle by a fence comer post marking the Southeast
corner of the 254.5 acre tract and being the Soulheost corner hereof;
THENCE with the fence olong the Eos1 boundary line of the said 254.5 acre noel of lond as follows:
N 18° 54' 01" W, 1920,67 fee4and N I9° 05' 14" W, 1922,62 feet to the PLACE Of
BEGINNING, containing 193.96 acres of land more or less, Field Notes prepared September,
1980 from Public Records and Surveys by Russell D. Parker, Registered Public Surveyor No. 1661
in August, 1976.
EXHIBIT r " C" , Page 7
Page 7 of 7
c, ///80
Dole
EXHIBIT "D ", Page 1
PAGE 1 OF 2
FIELD NOT=S OF 316.018 ACRES
FI! :S'J NOTES describing a 316.018 acre tract or parcel of land, out of the
%:a::hi„gton Anderson Survey, Abstract No. 15, situated in Williamson County,
Ttn,s, being all of that certain 316.05 acre tract of land conveyed to Sam Bass
31G by decd recorded in Volume 951, Page 128 of the Deed Records of Williamson
County, Texa:, found upon re -survey this date to contain 316.018 acres of land,
.".;:d Laing more particularly described by metes and bounds as follows:
!'wolfs :INS at an iron pin net at or near a fence corner post being the
intersection of the new north right -of -way line of F.M. 1431 and the east
rio t- of-wsy line of Sc = liars Road (County Road No. 175), also being the
routhwast corner of said 316.05 acre tract, for the southwest corner and POINT
OF SEGVO;ING of the hereinafter described 316.018 acre tract;
TCENCE departing raid north right -of -way line of said F.M. 1431, along said
east right-of-way line of Sam Cass Road, as fenced, for the west line hereof,
the following four (4) courses:
1.) i!22 °O5•f1, 1019.00 feet to an iron pin found for an angle point hereof;
2.) ! :20 °36710 "S!, 791.13 feet to an iron pin found for an angle taint hereof;
3.) ::21 °13'15 "SS, 411.51 feet tb an iron pin found for an angle point hereof;
4.) 5 ;23 °30'15 "!°, 424.64 feet to an iron pin found at or near a fence corner
post, being a southwest corner of a portion of that certain 511 acre tract of
land conveyed to Perry 0. Mayfield by deed recorded in Volume 258, Page 214 of
said Deed Records, for the northwest corner hereof;
::L.2E departing said east right -of -way line of said Sam Bass Road, along the
South line of said 511 acre tract, as fenced, for the north line heredf, the
following five course:
1 !:68 °57 "E, 1282.36 feet to an iron pin found for an angle point hereof;
2.) :i6S•42'35 "E, 904.69 feet to an iron pin found for an angle point hereof;
3.) !69 °54'34 "E, 1074.77 feet to a nail found for an angle point hereof;
. 4.) ;r71°25 "E, 535.98 feet to an iron pin found for an angle point hereof;
5.) n68.O8'E, 1251.92 feat to an iron pin found at or near a fence corner post
in the test line of that certain 1437.45 acre tract of land conveyed to Tom E.
Nelsen, Jr. Trustee, by deed recorded in Volume 571, Page 446 of said Deed
Records, being the southeast corner of said 511 acre tract, for the northeast
corner hereof;
7.1r."::: CZ along the west line of said 1437.45 acre tract, as fenced, for the east
lino hereof, the following two (2) courses:
1.) 520 °06 "E, 1802.71 feet to an iron pin found for an angle point hereof;
2.) 220•03'30 "E, 1028.48 feet to an iron pin set at or near a fence corner post
in the curving north rightrof - way line of said P.M. '1431, for the southeast
corner hereof;
T! ^ :CE along said north right-of-way line of said F.M. 1431, as fenced, for the
south line hereof, the following five (5) courses:
1.) along the arc of a,curve to the right having elements of delta= 00 °26'06 ",
radius= 11359.16 feet, arc= 06.24 feet, tangent= 43.12 feet, chord and Chord
hearing= 86.24 feet, S7O °48 "W to an iron pin set for a Point of Tangency
hereof;
2.) 271 °C2't!, 3252.17 feet to a nail found for a Point of Curvature hereof;
3.) along the arc of a curve to the right having elements of delta= 01 °3B',
r:.dius= 11414.06 feet, arc= 325.38 feet, tangent= 162.70 feet, chord and chord
bearing= 325.37 feet, 571 °51'W to an iron pin set for a Point of Tangency
hereof;'
Field ;votes of 316.018 Acres (continued)
PAGE 2 or 2
6.) 572 °40'11, 1132.29 feet to a nail found for a Point of Curvature hereof;.
5.) along the arc of a curve to the right having elements of delta= 01 °19'33",
radius= 7739.44 feet, arc= 179.09 feet, tangent= 89.55 feet. chord and chord
Teasing= 179.08 feet, 572 °00'14 "W to the POINT OF BEGINNING of the herein
dracribed tract of land, containing 316.018 acres (or 13,765,761 square feet)
of land.
. EXHIBIT "D" , Page 2
6 1_
•
BRYSON & ASSOCIATES
SURVEYING COMPANY
FIELD NOTES
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON
COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS BEING OUT OF AND A PART
OF THAT CERTAIN TRACT OF LAND DESCRIBED 114 A DEED TO TOM E. NELSON IN
VOLUME 571, PAGE 446, OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS,
SAID TRACT OF LAND BEING 497.12 ACRES OF LAND MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point for the northwest corner of the herein described tract and from
which the northwest corner of the above said Nelson tract bears S 69 °42'18" W, 759.68
feet,
THENCE, with the north line of the herein described tract, the following two (2) courses
and distances, numbered 1 and 2,
1. N 69 °42'18" E, 2237.34 feet to an iron pin found,
2. N 72 °02'37" E, 3112.07 feet to an iron pin found for the northeast corner of
the herein described tract,
THENCE, with the east line of the herein described tract, the following three (3) courses
and distances, numbered 1 through 3,
1. S 17 °37'15" E, 1211.34 feet to an iron pin set for an ell corner,
2. S 72 °47'10" W, 1001.11 feet to an iron pin found for an ell corner,
3. S 18 °08'35" E, 3680.98 feet to an iron pin set in the north R.O.W. line of
F.M. 1431 for the southeast corner of the herein described tract,
THENCE, with the south line of the herein described tract, also being the north R.O.W.
line of F.M. 1431, S 73 °14'47" W,, 4160.46 feet to a point for the southwest corner of
the herein described tract,
THENCE, with the west line of the herein described tract, N 20 °17'42" W, 4704.60 feet
to the POINT OF BEGINNING, containing 497.12 Acres of Land.
Prepared By: Bryson & Associates Surveying Company
3401 Slaughter Lane West
Austin, Texas 78748
EC /ccs
Job #83 -349
2/27/87
Exhibit "E"
3401 RIDDLE ROAD • AUSTIN. TEXAS 78748 • (512) 282 -0170
THENCE, with the west
courses and distances, n
1. N 43 °02'44" W,
2. N 43 °00'23" W,
3. N 39 °13'41" W,
4. N 23 °29'11" W,
5. N 16 °58 "23" W,
6. N 23 °32'48" W,
7. N 31 °02'03" W,
8. N 25 °29'27" W,
9. N 72 °16'12" E,
10. N 20 °46'37" W,
11. N 72 °11'58" E,
12. N 17 °34'24" W,
13. N 16 °38'37" W,
14. N 17 °52'06" W,
• •
BRYSON & ASSOCIATES
SURVEYING COMPANY
FIELD NOTES
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE ANASTASIIA CARR SURVEY NO. 122 AND THE JOHN D. ANDERSON SURVEY,
SITUATED IN WILLIAMSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS
BEING OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A
DEED TO PERRY O. MAYFIELD IN VOLUME 327, PAGE 247, VOLUME 344, PAGE 90,
VOLUME 428, PAGE 436, AND VOLUME 258, PAGE 578, OF THE WILLIAMSON COUNTY,
TEXAS DEED RECORDS, SAID TRACT OF LAND BEING 981.29 ACRES OF LAND MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin for the most southwest corner of the herein described tract
and from which the southwest corner of the above said Perry O. Mayfield tract of
record in Volume 258, Page 578, bears 9 43 °02'44" E, 750.00 feet,
line of the herein described tract, the following
umbered 1 through 14,
849.15 feet to an iron pin,
991.05 feet to an iron pin,
68.49 feet to an iron pin,
163.83 feet to an iron pin,
711.23 feet to an iron pin,
23.79 feet to an iron pin,
333.05 feet to an Iron pin,
1250.51 feet to an iron pin for an ell corner,
353.46 feet to an iron pin for an ell corner,
94.88 feet to an iron pin for an ell corner,
1368.58 feet to an iron pin for an ell corner,
584.46 feet to an iron pin,
303.17 feet to an iron pin,
1951.45 feet to an iron pin for the northwest
herein described tract,
THENCE, with the north line of the herein described tract, the following twenty -two
(22) courses and distances, numbered 1 through 22,
1. N 74 °59'12" E, 334.60 feet to an iron pin,
2. N 72 °43'36" E, 636.00 feet to an iron pin,
3. N 71 °54'33" E, 374.42 feet to an iron pin,
4. N 87 °15'22" E, 46.95 feet to a nail set,
5. N 83 °02'15" E, 90.53 feet to an iron pin,
6. N 69 °31'53" E, 97.06 feet to an iron pin,
7. N 62 °31'05" E, 161.02 feet to an iron pin,
8. N 66 °06'12" E, 133.45 feet to an iron pin,
9. N 68 °47'41" E, 8.54 feet to an iron pin for an ell corner,
10. S 23 °13'10" E, 67.71 feet to an iron pin,
11. S 18 °32'28" E, 298.10 feet to an Iron pin,
12. 9 09 °24'18" E, 75.11 feet to an iron pin,
13. S 15 °40'08" E, 101.10 feet to an iron pin,
14. S 10 0 06'48" E, 139.17 feet to an iron pin,
Exhibit "E -1"
Page 1.
3401 RIDDLE ROAD • AUSTIN, TEXAS 78748 • (512) 282 -0170
fourteen (14)
corner of the
•
Mayfield Tract
981.29 Acres Page 2
15. S 20 °23'42" E, 288.09 feet to an iron pin for an ell corner,
16. N 70 °31'43" E, 495.13 feet to an iron pin,
17. N 70 °52'09" E, 470.18 feet to an iron pin,
18. N 72 °20'28" E, 808.61 feet to an iron pin,
19. N 73 °28'36" E, 399.90 feet to an iron pin,
20. N 75 0 42'50" E, 602.21 feet to an iron pin,
21. N 82 °10'18" E, 217.12 feet to an iron pin,
22. N 75 °45'46" E, 20.16 feet to an iron pin for the northeast corner of the herein
described tract,
THENCE, with the east line of herein described tract, the following five (5) courses
and distances, numbered 1 through 5,
1. S 15 °53'28" E, 3099.75 feet to an iron pin,
2. S 13 °16'54" E, 417.05 feet to an iron pin,
3. S 15 °27'39" E, 1442.82 feet to an iron pin for an ell corner,
4. N 69 °42'18" E, 759.68 feet to a point for an ell corner,
5. S 20 °17'42" E, 4704.60 feet to a point for the southeast corner of the herein
described tract,
THENCE, with the south line of the herein described tract, the following nine (9) courses
and distances, numbered 1 through 9,
1. S 73 °14'47" W, 966.79 feet to an iron pin for an ell corner,
2. N 17 °09'00" W, 1028.53 feet to an iron pin,
3. N 17 °12'43" W, 1802.92 feet to an iron pin for an ell corner,
4. S 71 °01'44" W, 1251.96 feet to an iron pin,
5. S 74 °18'51" W, 535.94 feet to a nail found,
6. S 72 °48'07" W, 1074.93 feet to an iron pin,
7. S 72 °36'05" W, 504.70 feet to an iron pin for an ell corner,
8. N 17 °24'00" W, 1170.25 feet to an iron pin for an angle,
9. S 58 °19'00" W, 2070.93 feet to the POINT OF BEGINNING, containing 981.29
Acres of Land.
Prepared By: Bryson & Associates Surveying Company
3401 Slaughter Lane West
Austin, Texas 78748
EC /ccs
Job #83 -349
2/27/87
Exhibit "E -1"
Page 2.
Gentlemen:
ATTEST:
wrrex -F
DATE:
(letterhead of issuing bank)
IRREVOCABLE LETTER OF CREDIT
NO.
TO: Jim Hislop d /b /a Riata Management and /or the City of Round Rock,
Texas ( "Payee ")
We hereby issue this Irrevocable Letter of Credit in your favor
and authorize you to draw at sight on ourselves for the account
of ( "Customer ") for any sum or
sums not exceeding in the aggregate $
We do hereby agree with drawers, endorsers and bona fide holders
of drafts negotiated under and in compliance with the terms of this
Letter of Credit that the same shall be duly presented on or before
December 31, 1987, but not thereafter. Any request for a draw
hereunder shall be accompanied by the affidavit of Jim Hislop or the
City Manager of Round Rock stating that such draw is being called
pursuant to the terms and provisions of that one certain West Round
Rock Water System Improvements Agreement and that the funds will be
used to further the construction of the Improvements as defined in
said Agreement.
Upon receipt by us of a letter signed by Jim Hislop or the City
Manager of Round Rock stating that a Customer has deposited cash in
lieu of a draw against this Credit, the amount of this Credit shall
be reduced by the amount of the cash so deposited.
We specifically waive all rights, if any, including but not
limited to Section 5 - 12 of the Uniform Commercial code, to defer or
delay honor or payment of any sight draft. This Credit is governed by
the Uniform Commercial Code in force in the State of Texas on the
date hereof and is subject to the Uniform Customs and Practices for
Documentary Credits (1974 Revision), International Chamber of
Commerce Publication No. 290.
EXHIBIT "F"
By:
Its
LE 100 FF110� 181 0304011100
- 6 4e' 101213 LIE 6 76,06103 9011.00 0600 0006,079.0 6230.50 07.10 491,14141 3064.11 0.501 044,706.0 17,749.00 51.760 110,500.16 1,40100
100. 46' 4412E 2110 11502.00 5100.50 610.0 12,000.0 400.00 71.1 0 0 7 1,167.0* 7, 061.00 11691 765,449.00 3,212.00 16716 191,031.60 1,100.00
106 42' 010 LIME 19,82.0 4700.01 81010 4497,510.00 01500 0.20 04 3 11106 977,012.75 3,212.00 16.715 703,411 1,400.00
107. 14' 1006 LINE 7,90.00 WE 00 060.00 0100,0000 0.00 0.000 50.00 0.0 0.006 00.00 530.0 1.040 412,472.00 1,600.00
106 04' 01E0 LIE 7,170.00 1000.00 160.0 160,000.01 0.00 0000 0100 0.00 0.001 10.50 5010 7.046 6,224.00 1,10100
113. 14' 4410 LIE 5,327.0 1300.00 610.00 170,000.00 0.00 0.000 40.00 0.00 0.000 10.00 MOO 9.950 17,7619 1,40.00
109 30' 1010 LIE 31,00.61 2000.06 41550 4150,00640 600.00 0.030 474,8104 3 00.140 *1740.50 4741.43 21176 03469100 0.00
110. W 40070 LIE 11,79663 4700.50 17100 6322,510.00 STOW 69071 019,250.75 3,064.00 25030 10,00.00 4741.63 24.0 47 0.03
1 7 12. 364410 'JOE EE 1100143 ,314.00 2700.00 6350 7200,510.00 5E04.0 !0..1 01041, 503.11 7 21.5 04,152530 5,11650 �3 542,4 0 0.0)
121. 30' 1120 GE 9071.00 2000.0 4110 6154500.00 5204.00 2.72% 679000.14 4051.00 0.140 61710.40 411600 21.446 132,160.0 0 0.00
75. 24' 0010 LIE 7,413.00 1903.50 160.0 6150.500.50 5204.00 70.271 0110,300.00 420100 2100 144,700.00 0.00 0.000 10.00 0.00
72. 10. 441EE L01 0 3,94600 010 40.03 617, 1000 22 �� 014213.19 ,07 1,354.0000 04.50 I $4,312.111 0.0 0.0 0.0 6 1 0.4
177. 16 6 1( 7 2 LINE 3,477.0 1000.9 01 00 16
79. 16' 4422 7.1E 7,010.4 000.00 NO.06 ,000.00 0013.0 60.41 121.11600 111100 00.101 11400.00 0.00 0.003 10.06 0.00
119. W 44161 410 171.0) 100 .00 ,217.04 0.0 4.W/ 1600 111.06 100.1 1793,040.00 0.00 0.060 00.50 0.03
L' 10
170 I8 LIE .1 31100 1614.431 04
00 149.50 67 47 04 401.03 201.50 91.41 0140666 171.00 11.117.32 0.W 0.000 10.00 0.00
177. 16.21027.6E 1 345040 1.00 10.00 150,066600 2911.0 96000 174066100 10 5.10 .00 1371 03,117.8 0.000 10.00 0.00
77. 16' 101 LIE 4160 OWN 030.50 104, 0. 0.
00 W 1000 31600 1.1.110 117 710.06 411600 10 00.116 104,090.00 4 0.03
101. 14 111E0 00 L11 1 20311600 031.00 03650 114,312 3150
.00 0.11 0.000 00.50 0 .W 0.1 10.00 411600 100.006 13,330.00 0 0.50
76 4' 4412E 0,W1 1 42.00 0.0 03609 617211 . 0.W 0.000 0.W 0.030 20.00 411600 100.00* 1748600 0.0
71 16' 1110 7.1E 0 342.00 3030.00 040.00 191,10.00 650 0. WOO
000 10.50 710.03 100.000 491 600 0.006 70.00 • 0 0.00
006. 16' 0000111E 62500 4700000 130.00 0106030.00 0.00 0.000 40.00 3.0) 0.000 03.0 00.00 400.02 1401,10.03 • 0.01
Iffi 1026 7.1E 71603 1700.50 170.03 14003 9 0300
1,0.03 0.00 0.0. !1100 150.501 010 0.00 6.01 03.00 0.0
700. 21120 LIE 66250 2350.50 1i2.g 1 1 4 .000.00 0020 6441 1 1111,330.0) 100.00 0.00 0.001 10.00 90.0 1103 044 7 1,10.00
1.10 11 01,10,20.00 710.00 40.80 9471,0160 3,0360 7671 08,374.60 411600 24.10 0204,107.16 • 0.00
1.92 0.6 7112 6
'9N70.49917211E 001227144 4111410.00 41,441,517.16 0 3 0 431,403.9 03121906.9
011007 0391 0160610004.03 1 44036 , ,0 5 90. 00 7
10,672.00 11641012.001
MI NEM6 610 1134,39140 101,390.00100
Irolll 060 14 ,150 1032,16.010
0 1142,491 3010
0164,600.00 2114,100.0011
0011031 65,7111410.00 01,10,777.75 12,061,19670 0704 00 131495.52 005
•
91111601 1010 IWLL OM 1/0000110 /10501011/0 000 ORE
ESTIMATED 10 0.1.0.
101 E OI 71 w W7.e
1112, 10.1 0.2
111. • 50511111/1 1101 1 1. 0 1. NIKE 014001.
sum= FEfl 1103 0514041.11 1193,19170 1206,18.47 070, '380 631,200.9 474517.0.
GiT 0200.7101 FEE 011 0711511 101 00,03670 000 0143069 •• 69,32011 •• 0,731.44 ON 015,141.9 000
406.11 1193,19170 1206,139.67 412,15121 031,291'8 610,517.77
(4011619/102 1101 1172, 413,512 0 010,107.66 4107.46 0 13, 0
P10110 1 0E 131 0 012000.0 0 400.04 0 47 µ
3312 079 079 111;1001
10(. 07,0749 1600 02,340.00610 00,97,0401 716,1375 1305,30.72 697,001.9
1600106016 75 01/10006 01T 0.11)49 lint)
130017.01113 1E007.90
0111102,7 12,607.90
231,291 11
1001. 06:.,•.:.00 1357,03.93
01017301000 09E IF 101016 110 1100 111018
PIOTIC W IT 10 1•1 0131106
1010. 0. a1. 1030.00 361000 000,763.6 - 10.00 110,76161
FEN 111.111 300.0 6703
0 034 10.0 1004,121.171
MOO 2350
3140) 10.0
10,123.0
1E30 10600 •]7* 10.0 00.00 102490.201 3100 105,91.06
1631400 101000 110 001101 1*p101 OWE 09 ,7016 034404.97 1167,42.2) 1@,1210 001
1011E 208010 101111111101110311 4402 .60.11 1452427509 0050 0417,5169 0911,52106
• 0E01 1101 0 10 10 4
1171110 0076 100
0 0 1� 04 1010. 0101011 C01151/1.0110 1:000 030505 6 10 75 75 0001 19 10-062
170010 3.4.-
01LA2 Ion 1.06.
6 J.V. 00.
102 II* P111gT0 0 00010 031
17011101 0
2117 6 011 1101
101101003
W 1401 OOW1 6 1Aa0 ®T
1 1 0 100 MP.
101 1.01 0E2016 0 000178170!
3.111 650,401.07
7.190 039
7.18 210,26100
16991 033.66200
1680 411,151.00
3120 12449640
0.00* 10.00
O .006 00.03
0.00% 001
0.03% MOO
v� 1
6006 40.9
0.000 0000 00.0
0.0 10.50
0.90 069
0.96 03.9
0.0* 10.0
0.00 • 0 13600
0.000 00.0
16.321 140,01000
51.00 SI22,0tLW
0.000 1600
101E. m'6�
10401 44031800 pram 00/
5,60103 15.+71 $81,700.07
5,,600.0 2'16 814441,14
5,600.00 74.376 6)3
5,60400 74.370 04,62.00
3, 0 0 0.001 7 10.00
0.00 00 0.006 1
0.0 0.0 1 00
0.000 0 0.00 X 1100.0
0.00 0.00 10
000 70.0
0.00 0.006 00.00
0.W 0.00 10 0
0.0 0.003 00.00
0.0 0.000 10.00
0.00 0.000 000
0.0 0.000 00.03
0.0 0.01 0.50
0.00 0.00 0.00
5 ' 60 0.0 0 0 0.0008 897,930.03 0.0
A0 0.000 10.00
4705,17100
HAND DELIVERED
RECEIVED We-,4 Q . .
The Bill Milburn Co
The Honorable Mayor Mike Robinson
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Mayor Robinson:
Building New Homes the Old Way
May 12, 1987
To recap our conversation of May 12, 1987 the following items were
mutually agreed to by the City of Round Rock and Bill Milburn, Inc.
in conjunction with the final execution of the West,Round Rock Water
Contract.
1. Bill Milburn, Inc.'s responsibility for funding the
"inner loop oversize" will be capped at *671,000.00,
plus 10Z for engineering and contingencies for a total
of 038,100.00.
2.' The calculation of a per segment cost for those
improvements included in the inner loop will be based
upon a mutually agreeable pricing index.
3. The phasing of the improvements described in Exhibit G
of the West Round Rock Water Contract will generally
occur in four (4) segments, with Segment No. 1 being
the improvements already in the ground and constructed
by Bill Milburn, Inc. Segment No. 2 being the water
transmission line along FM 1431. Segment No. 3 being
the inner loop, and Segment No. 4 being the connection
between the FM 1431 transmission line and the inner
loop, including the final tie between the north and
south systems (line Segment No. 77).
4. Segments 3 and 4 will be initiated based either upon
demand defined by LUE's or a specific date. For
Segment No. 3 the possible triggers could be 75 or 100
LUE's of actual demand by Fern Bluff or June 1, 1988,
whichever occurs first.
11911 Burnet Road /P.O. Box 9802 *682 /Austin, Texas 787661(512) 815 FIOMr
The Honorable Mayor Mike Robinson
May 12, 1987
Page 2
5. Bill Milburn, Inc. will participate on a prorata basis
in the construction of Segment No. 2 of the West Round
Rock Project at such time as that segment is required,
based upon demand by Brushy Creek North, and Lomas and
Nettleton.
6. The City of Round Rock, after verification by its
Public Works Director, will commit to a specific number
of water LUE's to be available upon the completion of
Segment No. 1 and Segment No. 3. These commitments
will form the basis of the trigger for the completion
of the next required segment.
7. The City of Round Rock will commit in writing to the
City of Austin the availability of 600 LUE's of
wastewater capacity in their existing 3.0 MGD, and 2.5
MGD wastewater treatment plants.
I trust this summary accurately reflects our discussion. In the
event that it does not, please contact either myself or Joe
DiQuinzio immediately so that we may resolve any differences of
opinion.
Thank you for your time and assistance in bringing this matter to a
close.
BM:pb
609
Sincerely,
Bill Milburn
cc: Joe DiQuinzio
Glen King; City Councilmember, City of Round Rock
Sam Huey; Acting City Manager, City of Round Rock
m Nuse; Public Works Director, City of Round Rock
45a0caLa90 We RouA .Rway-
HAND DELIVERED
The Honorable Mayor Mike Tobiason
City of Round Rock
214 Last Main Street
Round Rock, Texas 78664
Dear Mayor Robinson:
Heading New Hones the Old Way
May 12, 1987
To recap our conversation of May 12, 1987 the following items were
mutually agreed to by the City of Round Rock and Bill Milburn, Inc.
is conjunction with the final execution of the West Round Rock Water
Contract.
V
1. Bill Milburn, Inc.'s responsibility for funding the
"inner loop oversize" will be capped at *671,000.00,
plus 10Z for engineering and contingencies for a total
of *738,100.00.
2. The calculation of a per segment coat for those
improvements included in the inner loop will be based
upon a mutually agreeable pricing index.
3. The phasing of the improvements described in Exhibit G
of the West Round Rock Water Contract will generally
occur in four (4) segments, with Segment No. 1 being
the Improvements already in the ground and constructed
by Bill Milburn, Inc. Segment No. 2 being the eater
transmission line along FM 1431. Segment No. 3 being
the inner loop, and Segment No. 4 being the connection
between the FM 1431 tranenission line and the inner
loop, including the final tie between the north and
south systems (line Segment No. 77).
4. Segments 3 and 4 will be initiated based either upon
demand defined by LUE's or a specific date. For
Segment No. 3 the possible triggers could be 75 or 100
LUE's of actual demand by Fern Bluff or June 1, 1988,
whichever occurs first.
11911 Bursa 11:0"4 /P.O. Box B802 •66 /Austin, Texas 78766115121 835 -HOME
The Honorable Mayor Mike Robinson
May 12, 1987
Page 2
/7 .
5. Bill Milburn, Inc. will participate on a prorata basis
in the construction of Segment No. 2 of the West Round
Rock Project at such time as that segment is required,
based upon demand by Brushy Creek North, and Lomas and
Nettleton.
6. The City of Round Rock, after verification by its
Public Works Director, will commit to a specific number
of water LUE's to be available upon the completion of
Segment No. 1 and Segment No. 3. These commitments
will form the basis of the trigger for the completion
of the next required segment.
The City of Round Rock will commit in writing to the
City of Austin the availability of 600 LUE's of
wastewater capacity in their existing 3.0 MGD, and 2.5
MGD wastewater treatment plants.
I trust this summary accurately reflects our discussion. In the
event that it does not, please contact either myself or Joe
DiQuinzio immediately so that we may resolve any differences of
opinion.
Thank you for your time and assistance in bringing this matter to a
close.
BM:pb
609
Sincerely,
8111 Milburn
cc: Joe DiQuinzio
Glen King; City Councilmember, City of Round Rock
Sam Huey; Acting City Manager, City of Round Rock
Jim Muse; Public Works Director, City of Round Rock
HAND DELIVERED
Dear Bob:
JAD:pb
0628
Enclosure
The Bill Milburn Comp_ny_
Mr. Bob Bennett
City Manager, City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Attached is a draft of the supplemental agreement to the West Round
Rock Water Contract. It tracks the previous verbal agreements
between Milburn Investments, Inc. and Round Rock including
modifications necessitated by Milburn Investments, Inc. agreement
with the general conditions of the current West Round Rock
contract. Please note, however, that it also includes a separate
paragraph ( @3) that addresses full reimbursement of the Round Rock
oversize share of the Fern Bluff 1.5 mg water tank. I decided to
clarify this issue based upon our conversation on Monday, June 8,
1987.
I do not believe there are any controversial items in the
agreement. It is our intent to execute this supplemental agreement
concurrently with the West Round Rock agreement. Thanks for your
help and I hope we can bring this entire negotiation to a quick
conclusion.
cc: Mr. Bill Milburn
Building New Homes the Old Way
June 10, 1987
Sincerely,
Joseph A. DiQuinzio, Jr.
Vice President
Land Development
11911 Burnet Road /P.O. Box 9802 0 682 /Austin, Texas 78766/(512) 835•HOME
ngt
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT REGARDING THE CONSTRUCTION
OF WATER SYSTEM IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT REGARDING THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS is
made and entered into on this the day of , 1987, by and
between THE CITY OF ROUND ROCK ( "City "), a home rule city located in
Williamson County, Texas, and MILBURN INVESTMENTS, INC. ( "Milburn "), a Texas
corporation.
W I T N E S S E T H
WHEREAS, the City and Milburn, along with other parties, have entered into
that certain West Round Rock Water System Improvements Agreement ( "West Round
Rock Agreement "), a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes relating to the construction of certain
water improvements; and
WHEREAS, in Exhibit "G" to the West Round Rock Agreement, water line
segments #76, #112, #121, N77, #101, and #73 and the 1.5 million gallon Fern
Bluff Water Tank ( "inter -loop water improvements ") are identified therein for
which 100% of the City's prorated oversize cost is to be paid by Milburn, on
behalf of the Fern Bluff Municipal Utility District ( "District "), in which
Milburn's property is located; and
WHEREAS, the City and Milburn desire to supplement the West Round Rock
Agreement and to set forth the further agreement between the parties herein
named;
NOW, THEREFORE, for and in consideration of the premises and the mutual
obligations and beneifts herein contained, the City and Milburn hereby agree
as follows:
1. Notwithstanding anything contained to the contrary in the West Round Rock
Agreement, it is expressly agreed by the City that the obligation of
Milburn to pay 100% of the City's prorated oversize cost for the
inter -loop water improvements, as set forth in the West Round Rock
Agreement, shall be modified and that Milburn's obligation for such costs
shall be limited to a maximum of $671,000.00 plus 10% for engineering and
contingencies, for a total of $738,100.00. In the event that the cost
exceeds $738,100.00, Milburn shall be entitled to be reimbursed for such
excess costs in accordance with Section 5.01 of the West Round Rock
Agreement.
2. The City further agrees to reimburse Milburn, in accordance with Section
5.01 of the West Round Rock Agreement, 100% of the City's oversize cost
for the 1.5 million gallon Fern Bluff Water Tank.
20670/65
3. It is acknowledged by the City that prior to the completion of line
segments #76, #112, #121, and {177, as identified in the West Round Rock
Agreement, the District will be reserved 150 L.U.E.s of water service from
existing facilities for service to Milburn's property. Furthermore, after
completion of line segments 076, #112, #121 and #77, the District will be
allocated a total of 400 L.U.E.s of water service. Upon completion of the
entire project, as identified in the West Round Rock Agreement, the
District's allocation of L.U.E.s shall be 3064 L.U.E.s as stated in the
West Round Rock Agreement. For purposes of this Agreement, the definition
of "L.U.E." shall be as set forth in Section 2.02 of the West Round Rock
Agreement.
4. The City hereby further commits that it has allocated 600 L.U.E.s of
wastewater service to the City of Austin for use by the District, whose
use of such L.U.E.s shall be subject to that certain "Interim Wastewater
Disposal Contract ", a copy of which is attached hereto as Exhibit "B" and
incorporated herein for all purposes. This commitment is specifically
based upon the facilities currently in existence at the City's 3.0 million
gallon wastewater treatment plant, and no further improvements are
required by either the City of Austin or Round Rock to provide this
capacity.
ATTEST: By:
THE STATE OF TEXAS
COUNTY OF TRAVIS
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
§
CITY OF ROUND ROCK
By:
Date:
Mike Robinson, Mayor
Joanne Land, City Secretary Date:
MILBURN INVESTMENTS, INC.
Bill Milburn, President
This instrument was acknowledged before me on this the day
of , 1987, by MIKE ROBINSON, Mayor, of The City of Round Rock,
Texas, in the capacity therein stated.
Notary Public, State of Texas
(Printed or typed name)
My commission expires:
This instrument was acknowledged before me on this the day of June,
1987, by BILL MILBURN, President, of MILBURN INVESTMENTS, INC., a Texas
Corporation, on behalf of said Corporation.
Notary Public, State of Texas
(Printed or typed name)
My commission expires:
20670/66