R-89-1289 - 5/25/1989ATTEST:
C43RESFERNB
LAND, City Secretary
RESOLUTION NO.
WHEREAS, the City of Round Rock, Texas (the "City ") and the Fern
Bluff Municipal Utility District (the "District ") have previously
entered into an Agreement to finance and construct a 1,500,000 gallon
elevated reservoir, (the "reservoir "), and
WHEREAS, due to an error or omission, language regarding the
City's participation in the payment of operations and maintenance
expenses for the reservoir was not included in the Agreement, and
WHEREAS, the City desires to correct this omission, Now
Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is authorized and directed on behalf of the City
to sign a Letter of Agreement with the Fern Bluff Municipal Utility
District to set forth the City's understanding regarding the
maintenance and operations cost for the above - described reservoir,
said Letter of Agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this 25th day of May, 1989.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
LETTER OF AGREEMENT
/a 8q
This Letter of Agreement is being entered into by and between
FERN BLUFF MUNICIPAL UTILITY DISTRICT, (the "District "), a political
subdivision of the State of Texas created and operating pursuant to
Chapter 54 of Texas Water Code and the CITY OF ROUND ROCK, ( "Round
Rock ") a home rule city located in Williamson County, Texas, to set
forth the agreement between the District and the City regarding
operations and maintenance expenses for that certain 1,500,000 gallon
elevated reset °goir, ( "Reservoir ") located within the District and
financed and constructed pursuant to "Agreement Regarding Reservoir
Construction and Operation" ( "Reservoir Agreement ") executed by the
City, the District and Williamson County Municipal Utility District
No. 2 and attached hereto as Exhibit "A" and incorporated herein for
all purposes and to also set forth the agreement between the District
and the City regarding operations and maintenance expenses for
certain water transmission lines ( "Transmission Lines ") located
within the District and financial and constructed pursuant to "West
Round Rock Water Supply Agreement" ( "West Round Rock Agreement ")
executed by the City, the District, E. C. Joint Venture, and Hy -Land
Resources and attached hereto as Exhibit "B" and incorporated herein
for all purposes.
The parties agree as follows:
A. Reservoir Agreement
C46LTOFAGRE
1. It is understood and acknowledged by the City and the
District that the Reservoir Agreement sets forth that
Williamson County M.U.D. No. 2 agreed to pay for its
pro -rata share of operation and maintenance expenses,
as defined in the Reservoir Agreement, in an amount
equal to its 40.32 percentage share of ownership of
the Reservoir. It is further understood and
acknowledged that the Reservoir Agreement did not
explicitly provide for payment of any portion of
operations and maintenance expenses of the Reservoir
by the City.
2. The City and the District now desire to set forth
their agreement as to the sharing between them of the
remaining 59.68% share of operations and maintenance
expenses. The parties agree that of the entire
operation and maintenance expenses, the parties shall
pay as follows:
Williamson County M.U.D. No. 2 - 40.32%
Fern Bluff M.U.D. - 34.22%
City of Round Rock - 25.46%
3. The City and the District agree that the City will pay
to the District the City's pro -rata share of operation
and maintenance expenses as such expenses are defined
ATTEST:
and set forth in the Reservoir Agreement. Provided,
however, it is understood and agreed that the District
shall invoice the City for its share of such expenses
for each prior month in which expenses were incurred
and payment for such expenses shall be payable by the
City to the District within thirty (30) days of the
invoice.
4. The parties agree that this Agreement is supplemental
to the Reservoir Agreement and not in lieu thereof.
B. West Round Rock Agreement
1. The parties agree that the District shall be
responsible for operation and maintenance costs for
the segments of the Transmission Mains located within
the boundaries of the District. The parties further
agree that the City shall be responsible for operation
and maintenance costs for the segments of the
Transmission Mains located outside the boundaries of
the District.
2. The City and the District agree that if a party fails
to timely repair a main break or the Transmission
Mains to be maintained by that party, the other party,
after giving written notice to the party responsible
for maintenance, has the right to perform the needed
repairs and the party failing to perform the required
repair shall reimburse the other party for the cost of
said repairs within thirty (30) days of receipt of a
statement therefor.
3. The parties agree that this Agreement is supplemental
to the West Round Rock Agreement and not in lieu
thereof.
EXECUTED this the M ill day of June
it / /A./_
E LAND, Ci y Secretary
CITY OF ROUND ROCK
By:
2.
, 1989.
MIKE ROBINSON, Mayor
ATTEST:
P
Secretary, Board of Direc •rs
FERN BLUFF
MUNICIPAL UTILITY DISTRICT
By:
3.
rint l � Name Rand . KPe /e✓ _
Title. Pre5io&Pni
STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT REGARDING RESERVOIR CONSTRUCTION
AND OPERATION
This Agreement is made and entered into on the day of
, 1985 by and between the CITY OF ROUND ROCK,
TEXAS ( "City ") a home rule city located in Williamson County,
Texas, SILL MILBURN, INC., a Texas corporation, acting by and
through its duly authorized president ( "Milburn "), the WILLIAMSON
COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 ( "District No. 2 "), a
conservation and reclamation district created pursuant to Article
XVI, Section 59 of the Texas Constitution and operating under the
provisions of the Texas Water Code; and the FERN BLUFF MUNICIPAL
UTILITY DISTRICT, ( "Fern Bluff "), a conservation and reclamation
district created pursuant to Article XVI, Section 59 of the Texas
Constitution and operating under the provisions of Chapter 54 of
the Texas Water Code.
W ITN 8 9 S E T H:
WHEREAS, The City, District No. 2 and Fern Bluff desire to
finance, construct and have joint use of a 1,500,000 gallon
elevated water reservoir, and associated facilities ("Reservoir")
proposed to be located upon property presently owned by Milburn
and located within the proposed Fern Bluff district; and
WHEREAS, Milburn is the owner of a majority in value of the
land comprising Fern Bluff and desires to participate in the
construction of the Reservoir prior to the time of creation of
Fern Bluff by the Texas Water Commission ( "Commission "), and
EXHIBIT ,"
WHEREAS, the City is the wholesale supplier of potable water
to District No. 2 and Fern Bluff: and
WHEREAS, the parties have determined that the Reservoir
sized to meet certain needs of the parties will best service the
interests of the parties;
NOW, THEREFORE, for and in consideration of the promisee and
the mutual obligations and benefits herein contained, the City,
District No. 2, Milburn and Fern Bluff hereby agree as follows:
SECTION I
1.01 The Reservoir. The Reservoir shall consist of water
reservoir and associated facilities described in Exhibit "A"
attached hereto and incorporated herein for all purposes.
Undivided pro -rata ownership of the Reservoir and capacity
reserved to each party shall be as shown in Exhibit "A ".
1.02 Design of the Reservoir. All physical facilities to be
constructed or acquired as a part of the Reservoir shall be
designed by Haynie, Kallman & Gray, Inc., or another duly
qualified engineer mutually agreeable to the parties. Such
design shall be subject to the approval of the City of Round Rock
and the Texas Department of Health and has been approved by
District No. 2.
1.03 Construction Management of the Reservoir Project. All
parties agree that Milburn shall be designated as the
Construction Manager of the Reservoir project described on
Exhibit "A" and shall have day to day control over the
construction of the Reservoir. District No. 2 has reviewed the
bide received and has approved the award of the contract.
Milburn as Construction Manager shall make all monthly payments
on construction contracts in accordance with the construction
contracts as set forth below in Article 2.01 and shall make
3 - 885.154 - 2
monthly reports to all parties on the monies paid to contractors
for the construction of the Reservoir.
1.04 Duties of the Engineer. The Engineer (1) shall make
recommendations to and advise the parties upon the award of
construction contracts, (2) shall make monthly reports to the
parties on the progress of construction; (3) shall approve all
pay estimates submitted and shall certify them as correct; (4)
shall provide monthly, by the first day of each month to Milburn
and District No. 2 their respective pro -rata estimates for
construction contract payments; (5) shall periodically, but no
less than twice a week, inspect the Reservoir during the
construction thereof, and (6) shall provide a Certificate of
Substantial Completion stating that the Reservoir was built
according to design and specifications. No changes to the plans
and specifications or change orders to the construction contracts
approved by the parties shall be made without prior approval of
Milburn and change orders resulting in a greater than 10%
increase in the aggregate of the original awarded contract shall
be approved by all parties.
1.05 Site for the Reservoir. The Reservoir shall be located
as shown on Exhibit "B" attached hereto and incorporated herein
by reference. District No. 2 agrees to pay Milburn, owner of the
site of the elevated water reservoir,
share of the fair market developed
determined by a mutually agreed upon
appraiser. Milburn shall dedicate the
of the site to Fern Bluff upon creation
Fern Bluff and District No. 2 shall
pro -rata ownership interest in the site.
1.06 Construction of Reservoir. The Reservoir shall be
constructed in a good and workmanlike manner and all materials
us!d in such construction shall be free from defects and fit for
their intended purpose. The, construction contract for the
3 - 885.154 - 3
its undivided pro -rata
value of the site as
independent real estate
remaining pro -rata share
of the District, so that
each have an undivided
Reservoir shall include a specific provision for a minimum one
year maintenance warranty by the contractor. Upon completion of
construction, Milburn shall provide Fern Bluff, District No. 2
and the City with final "as- built" mylar drawings acceptable to
District No. 2 for the Reservoir approved by the engineers.
District No. 2 shall have the right to inspect the Reservoir
prior to initiation of operation of the Reservoir.'
SECTION II
3- 885.154 - 4
2.01 Financing of the Engineering and Construction of the
Reservoir. It is understood and acknowledged that Milburn shall
advance monies for the pro -rata shares of Fern Bluff and the City
for costs of construction and associated costa. District No. 2
shall, within five (5) business days after notice from Milburn,
do one of following: (1) deposit an irrevocable letter of
credit issued by a national banking institution authorized to do
business in Texas in the form of the letter of credit attached
hereto as Exhibit "C ", or cash, with Milburn in the amount set
forth in Exhibit "A" shown as District No. 2's pro -rata share of
costa of the Reservoir or (2) establish an escrow account to be
administered under the terms and conditions of the Escrow
Agreement attached hereto as Exhibit "D" and incorporated herein
for all purposes and to be funded in the amount set forth in
Exhibit "A" shown as District No. 2's pro -rata share of costs of
the Reservoir.. Provided, however, in the event actual
engineering and construction costs have been determined through
the award of a construction contract, the letter of credit to be
posted by District No. 2 or the escrow account to be established
shall be based upon District No. 2'a pro -rata share of those
costs and any associated costs. District No. 2 and Milburn agree
that should Milburn require District No. 2 to poet the letter of
credit, cash or escrow agreement prior to the time of award of
the construction contracts, and if the amount of the Reservoir
costa change from those estimated and shown on Exhibit "A ", a
substitute letter of credit, shall be posted within five (5)
working days of the award of the construction contract or
additional cash or funding of the escrow account shall be
deposited within five (5) days of the award, whichever is
applicable. Upon the posting of a substitute letter of credit,
the original letter of credit shall be returned to District No.
2. Upon receipt by District No. 2 of the Engineer's monthly pay
estimate for the construction contract, which shall be delivered
by the Engineer no later than the first day of the month, or upon
receipt of an invoice from Milburn for other associated costs of
the Reservoir, District No. 2 shall pay to Milburn no later than
the tenth (10th) day of the same month such amounts requested
under the pay estimate or invoice. In the event such payment is
not received by Milburn from District No. 2 by the tenth (10th)
day of the month, Milburn shall be authorized to draw down on the
letter of credit or escrow account, whichever is applicable, from
time to time for such amounts requested by Milburn for payment by
pay estimate or invoice. In the event a pay estimate or invoice
is not submitted by the first day of the month, District No. 2
shall have one additional day for payment to Milburn for each day
passed the first day of the month that the pay estimate or
invoice delivery is delayed. In the event additional sums are
required to fund approved change orders, District No. 2 shall
deposit within five (5) business days of notice of such
requirement by Milburn an additional irrevocable letter of
credit, cash or deposit funds in the escrow account, whichever is
applicable, in amounts to cover such additional costs to be
contributed by District No. 2. In the event District No. 2 fails
to deposit either the initial letter of credit or any subsequent
required letter of credit, cash or funds in the escrow account,
District No. 2's undivided pro -rata share interest in the
Reservoir shall be reduced.to an amount equal to the percentage
that District No. 2's payments, actually made, are of the total
coat of the Reservoir. District No. 2 shall than be entitled to
use an amount of capacity of the Reservoir equal to such new
undivided pro -rata share. In such event, District No. 2 shall
have no further rights to additional capacity in the Reservoir
3- 885.154 - 5
over and above its reduced pro -rata share determined after its
default. District No. 2 shall have the right from time to time
to substitute a new letter of credit or funded escrow account in
the amount necessary to pay all remaining costs of the
Construction Project. Upon the substitution of a new letter of
credit or cash or an escrow account, the original letter of
credit shall be returned by Milburn to District No.'2
3.01 Ownership of Reservoir. The City, District No. 2 and
Fern Bluff shall each own an undivided share of the Reservoir
equal to the pro -rata amount of capacity reserved for each party
as shown on Exhibit "A" attached hereto. District No. 2's
participation in the funding of the engineering and construction
costa shall entitle them to ownership of their pro -rata share of
the Reservoir. Fern Bluff shall purchase its pro -rata share of
the Reservoir from Milburn through the issuance of bonds as set
forth in that certain Water Supply Agreement between the City of
Round Rock, Texas and Fern Bluff Municipal Utility District dated
March 28, 1985. Provided, however, Milburn agrees that Fern
Bluff shall have the right to use of the Reservoir for its water
system prior to the time Fern Bluff purchases the Reservoir from
Milburn in return for Fern Bluff's agreement to operate and
s
maintain the Reservoir. The City's share of costs shall be
reimbursed to Milburn through off -sets to City fees. The
Reservoir shall be operated by Fern Bluff. Each party shall have
the right to access to the Reservoir for purposes of inspection.
It is understood and agreed by the parties that no party shall be
responsible for obtaining permits or other approvals for another
party to be able to use such capacity.
3.02 Definitions of Operation and Maintenance Expenses. All
costs and expenses relating to operation, maintenance, repair and
replacement ( "Operation and Maintenance Expenses ") of the
SECTION III
3- 665.156 - 6
facilities included in the Reservoir shall be shared by Fern
Bluff and District No. 2. District No. 2 agrees to pay a
percentage of the Operating and Maintenance Expenses equal to its
pro -rata share of ownership of the Reservoir. Operation and
Maintenance Expenses shall include all actual and reasonable
costa and expenses, incurred or allocatable to the operation and
maintenance of the facilities of the Reservoir includingi without
limitation, wages and salaries, chemicals, the purchase and
carrying of stores, materials and supplies, power, supervision,
electric or gas service,
insurance and all other items
nature reasonably required
maintenance and operation of
full compliance with all
engineering, assessments, claims,
and expenses of a like or different
or desirable for the efficient
the facilities of the Reservoir in
regulatory requirements and the
performance of the provisions of this Agreement; repairs and
replacements of damages, worn out or obsolete parts; improvements
and betterments to keep the facilities of the Reservoir in proper
operation to render adequate service and to comply fully with all
regulatory requirements; all costs associated with any penalties,
fines, litigation, or other legal or court costa, provided that,
if any party hereto, its agents or employees, ie determined to
have unreasonable, negligently or intentionally caused such costa
that party shall be solely responsible for such costa; any damage
to other property relating to the use of operation of the
facilities of the Reservoir provided that, if any party hereto,
its agents or employees, le determined to have unreasonably,
negligently or intentionally caused such coats that party shall
be solely responsible for such costs; and the reasonable and
necessary general and administrative expenses of Fern Bluff for
the Reaervoir. The operation and maintenance expenses may
specifically include, but shall not be limited to, (1) a
reasonable operating reserve consisting of at least one month
estimated operation and maintenance expenses and (ii) a
reasonable contingency reserved for ordinary and extraordinary
repairs and replacements, which reserve shall be established and
shall be replenished as required. In the event approved
3- 985.154 - 7
additional facilities are operated jointly, including, but not
limited to water pumps and related facilities, the above
enumerated costs incurred in connection therewith shall also be
"operation and maintenance expenses" or "operation and
maintenance costs ".
3.03 Funding of Operating and Maintenance Expenses. The
parties agree that funding of the Operating and Maintenance
Expenses shall be as follows:
a. Fern Bluff shall estimate and invoice District No. 2
quarterly in advance for its share of the Operating and
Maintenance Expenses of the Reservoir. District No. 2
agrees to pay the estimated quarterly Operation and
Maintenance Expenses within ten (10) working days of
its receipt of the invoice. District No. 2 agrees to
pay each quarterly estimate within ten (10) days of the
receipt of the invoice and in advance of the quarter
for which the coats are estimated. Exact costs after
actual expenditures ehall be factored into the next
quarterly estimate to credit or debit District No. 2's
payments. Fern Bluff agrees to dedicate and segregate
funds in an amount equal to the pro -rata share of Fern
Bluff for such Operation and Maintenance Expenses for
each quarter in advance of such quarter.
b. In the event any additional Operation and Maintenance
Expenses are incurred in the management and operation
of the facilities of the Reservoir over and above those
which have been estimated in advance, District No. 2
hereto agrees to pay its pro -rata share of such
additional costs within ten (10) days of its receipt of
an invoice. Fern Bluff shall furnish District No. 2
.with monthly operating statements.
3- 885.154 - 8
c. An Emergency Reserve shall be established by cash or
Letter of Credit in the amount of $2,500.00 deposited
with Fern Bluff by District No. 2 at the time the
elevated storage reservoir is operational. Any funds
spent from the Emergency Fund shall be replaced
immediately upon notification from Fern Bluff. The
amount to be supplied by the parties hereto.eFch shall
be determined by and be equal. to the percentage of
Operation and Maintenance Expenses due from each during
the month in which the work using Emergency Reserve was
performed. In the event that major expenditures for
repairs or replacement of parts shall be necessary
prior to the time the Maintenance is adequately funded,
the costs shall be paid from the Emergency Reserve and
monies replaced in the Emergency Reserve as set out
below. In the event the letter of credit from District
No. 2 is inadequate to pay its pro -rata share of such
Maintenance, Fern Bluff shall submit an invoice to
District No. 2 and such invoice shall be paid within
then (10) days of the date of such invoice. Any such
invoice not paid within ten (10) days shall be
classified as past due and shall bear interest at the
same rates as provided for other invoices under this
Agreement. Fern Bluff shall also post cash or a letter
of credit in the amount of $2,500 with District No. 2
to be entitled Emergency Reserve, to be drawn upon by
District No. 2 in the event Fern Bluff fails or refusee
to make emergency repairs, normal maintenance or
refuses to pay normal Operation and Maintenance
Expenses after written notice to the District Manager
of Fern Bluff. Any funds spent from the Fern Bluff
Emergency Reserve shall be replaced immediately upon
notification from District No. 2.
3- 885.154 - 9
d. District No. 2 agrees that any invoices or bills
prepared and submitted by Fern Bluff to District No. 2
shall be paid within ten (10) days of the date of such
invoice and any invoice or bill not paid within ten
(10) days shall be classified as past due and shall
bear interest at the highest rate permitted by
applicable law from its date until pa1d, and if there
is no highest rate established by applicable law, such
rate shall be deemed to be one and one - half percent per
month. It is further agreed that if any invoice
remains unpaid after thirty (30) days from its date,
Fern Bluff at its option may give notice in writing of
the delinquent invoice and if the invoice amount plus
interest is not paid within five (5) days of such
notice, Fern Bluff at its option, may elect to draw on
the letter of credit or cash designated for the
Emergency Reserve under Paragraph b above. So long as
such bill or bills remain unpaid, District No. 2 shall
not allow additional water customers to connect to its
system. This is in addition to any other remedy at law
or in equity. In addition, District No. 2 shall be
obligated to pay reasonable attorney's fee incurred in
the collection of delinquent payments or the
enforcement of other legal proceedings.
e. All sums payable under this Agreement shall be paid
without setoff, counterclaim, abatement, or suspension
except as otherwise provided herein. If District No. 2
disputes the amount to be paid, it shall nonetheless
promptly make payments as contained on the invoices,
and if it is subsequently determined by agreement or
court decision that any such payment should have been
leas, the proper adjustments will 'pomade at that time.
f. All books and records relating to the Operation and
Maintenance Expenses of the facilities of the Reservoir
3- 885.154 - 10
g•
will be preserved by Fern Bluff for a period of four
years. District No. 2 hereto shall have the right at
all reasonable business hours to examine such books and
records. If such examination reveals an inaccuracy in
such billings theretofore made, the necessary
adjustment in such billing shall be promptly made;
provided that no adjustment for any 'billing shall be
made more than two years after its rendition.
Fern Bluff and District No. 2 hereto agree that each
District will maintain a policy of comprehensive
liability insurance with a minimum limit of
$2,000,000.00 in full force and effect at all times for
their respective districts which policies shall include
the Reservoir as an insured facility. In addition, each
District shall maintain an umbrella policy for
comprehensive liability insuring facilities of the
Reservoir in an amount not leas than $2,000,000.00.
h. Each party
installation,
within their
billing
hereto shall be responsible for
operation and maintenance of all meters
respective service areas and for the
of individual customers within
such service
areas. No party's obligations to pay their share of
Operation and Maintenance Expenses of the facilities of
the Reservoir shall be off -set or diminished by the
failure of any of such customers to make payments to
such party.
3.04 Use of Water Storage Capacity. It is specifically
understood and agreed by the parties that each party's right to
use of the water storage and transmission main capacity of the
Reservoir shall be strictly limited to each party's pro -rata
share set forth in Exhibit "A" attached hereto. Each party
agrees that it shall not allow additional water connections to
its system which would require the use of more capacity, as
3- 865.154 - 11
defined in gallons per day, within the Reservoir than has been
reserved for the party in Exhibit "A" hereto. In an effort to
allow each party to monitor another party's use of capacity, for
purposes of determining each party's use of the Reservoir, each
party agrees that its books and records regarding commitments to
property owners for water capacity and actual water connections
utilizing storage of the Reservoir shall be open to.ipspect by
the other parties upon request during normal business hours.
Each party specifically agrees to maintain current records of
water use and capacity and to make a determination prior to each
grant of water capacity that such grant does not exceed in the
aggregate with other commitments and uses that party's pro -rata
share of capacity in the Reservoir. Each party shall submit to
Fern Bluff on a monthly basis a list of new commitments made for
water service which would utilize the Reservoir and a total of
such commitments to date. In addition, the district manager of
Fern Bluff shall each month read the master water meter
monitoring water flows to and from the water storage facility
which monitors the amount of water used from the water storage
facility by each party. In the event the Fern Bluff district
engineer determines that a party has allowed water connections to
its systems that exceed its pro -rata share of capacity, such
party shall be obligated to deposit cash or an irrevocable letter
of credit with Fern Bluff as project manager to fund engineering
and construction of such additional improvements to the Reservoir
at that party's sole expense to replace such capacity utilized in
violation of this Agreement. This obligation to replace capacity
utilized in violation of this Agreement shall not be considered
as a sole remedy to other parties for any damages suffered by
such other party or parties.
SECTION IV
4.01 Use of Transmission Maine. It is understood and
acknowledged by the parties that District No. 2 has a need for
temporary use of certain water,transmission mains ( "Mains ") which
3- 885.154 - 12
are to be constructed by Milburn and dedicated to Fern Bluff and
which are described in more detail on Exhibit "E ", attached
hereto and incorporated herein for all purposes, which will
transport water from the City utility system to the Reservoir.
District No. 2 has requested and Milburn and Fern Bluff have
agreed that District No. 2 shall have the right to utilize water
capacity from such Mains from the time that the Reservoir is
operational to such time as an alternate water feed, which shall
provide service to District No. 2 in an amount adequate to
provide water in an amount equal to District No. 2's pro -rata
share of the Reservoir, is available for operation. Provided,
however, under no circumstances shall the District be allowed to
use such Mains for longer than two (2) years from the date of
execution of this Agreement unless such two (2) year term is
extended by mutual consent of the parties. At the end of such
two (2) years if the parties have not reached an agreement to
extend the term, District No. 2 shall have the option to finance
and construct an alternate water transmission maiii to supply
water to the Reservoir. It is clearly understood that neither
Milburn nor Fern Bluff make any guarantee or representations as
to when the Maine shall be available for operation and neither
shall have any liability to any person or entity for any delays
of operation of the Mains. District No. 2 shall pay to Fern
Bluff as compensation for the uses of the Mains an amount equal
to ten percent of the number of gallons of water per month used
by District No. 2, as determined by the amount shown on master
meter set between the Reservoir and the District No. 2'a water
system, times the bulk water rate paid by District No. 2 to the
City, as amended from time to time: The City shall read such
master meter and bill District No. 2 for the water used by
District No. 2. District No. 2 shall pay the City for water used
and shall pay Fern Bluff such compensation directly for the use
of the Mains. Fern Bluff shall own, operate and maintain the
Mains at all times.
3- e85.154 - 13
change
parties.
SECTION V
5.01 Termination. Unless terminated by mutual agreement of
the parties, by its terms, this Agreement shall continue in force
and effect for period of forty (40) years.
5.02 Waiver of Breach. No waiver or waiver of breach of
default by any party hereto of any term, covenant, 'condition or
liability hereunder shall be deemed or construed to be a waiver
of subsequent breaches or defaults of any kind under any
circumstances.
5.03 Modifications. This Agreement shall be subject to
or—modification only • with the written consent of all
5.04 Enforcement. In the event it is necessary to employ an
attorney or attorneys to enforce the terms and conditions of this
Agreement against any defaulting party, said defaulting party,
shall pay all coats and expenses, including expert witness fees
and reasonable attorney's fees incurred in connection with the
enforcement of this Agreement upon final settlement, by agreement
or judgment, against said party.
5.05 Exclusiveneee of Remediee. It le not intended to
specify an exclusive remedy existing at law or in equity,
including specific performance and mandamus, may be availed by
any party and shall be cumulative.
5.06 Force Maieure. The term "Force Majeure ", as employed
heroin, shall mean and refer to acts of God; strikes, lockouts,
or other industrial disturbances; acts of public enemies; orders
of any kind of the Government of the United States, the State of
Texas or any civil or military authority; insurrections; riots;
3- 885.154 - 14
epidemic; landslides; lightning; earthquakes; fires; hurricanes;
storms; floods; washouts; droughts; arrests; restraint of
government and people; civil disturbances; explosions; breakage
or accidents or machinery, pipelines, or canals; other causes not
reasonably within the control of the party claiming such
inability. If, by reason of Force Majeure, any party hereto
shall be rendered wholly or partially unable 'to carry out its
obligations under this Contract, then such party shall give
written notice of the full particulars of such Force Majeure to
the other party within then (10) days after the occurrence
thereof. The obligations of the party giving such notice, to the
extent affected by such Force Majeure, shall be suspending during
the continuance of the inability claimed, except as hereinafter
provided, but for no longer period, and any such party shall
endeavor to remove or overcome such inability with all reasonable
dispatch. -.It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of
the party having the difficulty, and that the above requirement
that any Force Majeure shall be remedied with all reasonable
dispatch shall not require that the settlement be unfavorable in
the judgment of the party having the difficulty.
5.07 Severability. The provisions of this Agreement are
severable, and if any word, phrase, clause, sentence, paragraph,
section or other party of this Agreement or application thereof
to any person or circumstance shall ever be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, the remainder of this Agreement o} the application
thereof to other persona or circumstances shall be affected
thereby.
5.08 Notice to Parties. Any notice or approval to be given
hereunder by either party to the other shall be in writing and
may be effective by personal delivery of by sending said notice
by registered or certified mail, return receipt requested to the
address set forth below. Notice shall be deemed received when
•
3- 885.154 - 15
deposited with the United States Postal Service with sufficient
postage affixed.
Notice to the City of Round Rock shall be addressed to:
City Manager
City of Round Rock
211 Main Street
Round Rock, Texas 78680
Notice to Williamson County M.U.D. No. 2 shall be send to:
District Manager
Williamson County M.U.D. No. 2
3737 Hairy Man Road
Round Rock, Texas 78681
Attn: General Manager
Notice to the Bill Milburn Gempeiry shall be sent to:
Joseph A. DiQuinzio, Jr.
The Bill Milburn Company. Inc.
Post Office Box 980 -2682
Austin, Texas 78766
Notice to the Fern Bluff M.U.D. shall be sent to:
Fern Bluff M.U.B.
c/o Sharlene N. Collins
2600 One American Center
Austin, Texas 78701
Copy to:
The Bill Milburn Company. Inc.
Post Office Box 9802 -682
Austin, Texas 78766
Attn: Joseph A. DiQuinzio, Jr.
5.09 Texas Law to Apply. This Contract shall be construed
under and in accordance with the laws of the State of Texas.
5.10 This Agreement may be executed by the City, Milburn and
District No. 2 prior to the creation of Fern Bluff and shall be
binding cn those parties for a period of two (2) years, pending
creation and confirmation of Fern Bluff. Upon said creation and
approval and execution of this Agreement by the Board of
Directors, it shall thereafter be binding on all parties in
accordance with its terms:* In the event that either Fern Bluff
is not created and confirmed or Fern Bluff fails to or refuses to
execute this Agreement within two (2) years, Milburn shall
dedicate its pro -rata share of the Reservoir to the City and the
3- 885.154 - 16
City shall have the obligation to operate and maintain the
Reservoir under the terms and conditions of this Agreement.
ATTE
tary, Board of Direc
TESTED:
1 1 C MA2e/ &'14-6
City Secretary Mayor
THE STATE OF TEXAS
COUNTY OF WILLIMASON
3- 865.154 - 17
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 2
CITY OF ROUND ROCK
oard of Di
THE BILL MILBURN BOW AN/ INC.
-�. kb rirr isreskaen
Joseph A. DiQuinzio, Vice esident
FERN BLUFF MUNICIPAL
UTILITY DISTRICT
ATTE TED:
Secretary, Boa o D irectors Vice-
President, rd of Directors
This instrument was acknowledged before me on the ,,4 day
o f (- 220 - 1 - Cm..Clit / 1985, by Cl )4'2,1d.22 ./ /C 1 ,Vice -
President of the Board of Directors i of Williamson County
Municipal District No. 2, on behalf of said District.
Notary Public, State of Texas
(Name - Typed or Pninted)
My commission expires: /o? - 8(a
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day
of , 1985, by Mike Robinson, Mayor of the City
of Round Rock, Texas.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
3 885.154 - 18
Notary Public, State of Texas .
(Name - Typed or Printed)
My commission expires:
This instrument was acknowledged before me on the 7th day
of January , 198¢1 by Iail- 1-4M44bytt,__p;
Sill -Milburn -Company, a- Texas- ccr- poaa.t4en, -en- behalf -of airier
co,p ^**tins. Joseph A. DiQuinzio, Jr., Vice President of Bill Milburn, Inc.,
a Texas corporation, on behalf of said corporation.
Notary Public, State of Texas
(Name - Typed or Printed)
My commission expires:
THE STATE OF TEXAS f f
COUNTY OF WILLIAMSON 1
- This instrument wan acknowledged before me on the 4 day
of Obi,,. , 1986, by TA., as J. Sandrid , President
of the Board of Directors of Fern Bluff Municipal Utility
District, on behalf of said District.
Nota ` A.(, 9)i! !ice cM
SHERI GREEN Lon, Notary Public, State of Texas
NotneWAo
STATE Ur TEXAS Sheri (gees L n!yId
MyComm.Ewp.02.14 -"Name - Typed or Printed)
My commission expires: 01'/(1-90
1S8.arr "A"
FFRN SANT HATER SIB TANK
PROPATIQ7
1
PRORATED
}irr.LTAM.q (UT7r'v mu i2 Exhiszyrurzymum 7nTrKmal oasis 3a23=1
Brushy Creek South
Fast Side of Greet Oaks Blvd. 2,469 L.O.E.'s $340,768.08 28.44
South Side of RR 620 1,AU L.U.E.'s 142.346.16 11Jf
Subtotal 3,500 L.U.E.'s $483,114.24 40.32
v nns. 31113 na
Fern Bluff 2,970 L.O.E.'a 8410,024.04 34.22
Bound Rock L210. L.D.E.'s zy3.061.71 15.45. .
Subtotal 5,180 L.D.E.'s 715,085.76 59.68
TO37L TANS (1,500,000 gallons) 8,680* L.O.E.'s 1,198,200.00 100.00
* Capacity figures 8 54 9a1 ./ t 3.2 cep/L.D.E.
MINCE DESCRIPTION
This project vista of crnstr ucting a 1.5 million gallon bydropillar type elevated
storage tank with !armistice and associated appurtenances. The Contract to be awarded
to a single contractor will also inchgie all of the accessory work such as yard piping,
vault braes, cetera, valves, electrical controls, chlorination ecluit, chlorination
building, paving, ante work and painting to caapletely install and place into operation
this Facility as shwa on the Plans.
.; .
,
/
Z
/ .
� � �`���: ■
a �
I I
�, .._
.f=P
r..
i �aswrrm="=a
L
• oasraw+s/ i .
EXHIBIT'V'
ve..—
/ ®!Lt lila i DA1i.is i QML�Iis .1 4V i1!.�/.i.
EXHIBIT "C"
IRREVOCABLE LETTER OF CREDIT
N0.
DATE:
TO: The Bill Milburn Company •( "Payee ")
Gentlemen:
We hereby issue this Irrevocable Letter of Credit in your
favor and authorize you to draw at sight on ourselves for the
account of -
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
honored upon presentation and delivery thereof, if negotiated or
presented on or before January 31, 1987, but not thereafter,
provided the presentation and delivery thereof is accompanied by
the affidavit of an authorized officer of The Bill Milburn
Company stating that such letter is being called pursuant to the
terms and provisions of that one certain AGREEMENT REGARDING
RESERVOIR CONSTRUCTION AND OPERATION. 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.
ATTESTS
A: 3- 885.185
BY:
I
EXHIBIT "D"
ESCROW AGREEMENT FOR PAYMENT TO BILL MILBURN,
INC. OF DISTRICT'S SHARE OF CONSTRUCTION COSTS
FOR 1.5 MILLION GALLON ELEVATED STORAGE TANK
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This Escrow Agreement is made , 1985,
between Williamson County Municipal Utility District No. 2
(hereinafter referred to as "District "); Bill Milburn, Inc.
(hereinafter referred to as "Milburn "); and Frontier National
Bank (hereinafter referred to as "Escrow Agent "):
WITNESSETH
WHEREAS, the District and Milburn require water storage
capacity to serve a portion of District's service area and
Milburn's - Fern
Bluff development, and Milburn has made a
commitment to construct water storage capacity for the City of
Round Rock; and
WHEREAS, the District, Milburn, and the City of Round Rock
have entered into an agreement for the construction of a 1.5
million gallon elevated storage tank, with associated
appurtenances and fixtures (the "Project "), a copy of which
agreement is attached hereto as Exhibit "A" hereof, and it is
agreed that Milburn will be the construction manager for the
Project; and
WHEREAS, the District is responsible for paying Milburn a
portion of the construction costs, including engineering and
other construction- related costs as provided by the agreement for
the Project; and
WHEREAS, District and Milburn desire to establish a
practical means for assuring the timely payment to Milburn by
District of the District's share of the construction costs.
AGREEMENT
For and in consideration of the mutual promises, covenants,
obligations, and benefits of this Agreement, District, Milburn,
and Escrow Agent agree as follows:
1. After execution of the Agreement Regarding1Reservoir
Construction and Operation ( "Reservoir Agreement ") and within
five (5) days following written notice from Milburn to the
District, the District shall deposit with the Escrow Agent an
amount equal to $483,114.24 to be held by the Escrow Agent in a
separate account for use in accordance with this Escrow
Agreement. This Escrow Deposit shall be secured in the manner
required for security of funds of the District. All earnings
from interest on or investment of the funds shall accrue to this •
account.
2. District and Milburn understand and agree that
additional deposits may be required in the event construction
coats are greater than presently estimated pursuant to the terms
and conditions of the Reservoir Agreement.
3. The Escrow Agent shall pay the District's share of all
construction costs attributable to the Project from the escrow
account as and when the same become due and payable upon
presentation of an affidavit by an authorised representative of
Milburn that such funds are being drawn pursuant to the terms of
the Reservoir Agreement.
4. It is understood and agreed that Milburn; pursuant to
the terms of the Reservoir Agreement, shall first submit an
invoice for payment by the District and if payment is not
received by the 10th of the month, Milburn may draw from the
Escrow Account.
3- 1185.202 -2 (11/25/85)
5. The Escrow Agent shall be liable as a depository only
and shall not be responsible for the sufficiency or accuracy of
the form, execution, or validity of documents deposited
hereunder, or any description of property or other thing therein,
nor shall it be liable in any respect on account of the identity,
authority, or rights of the persons executing or delivering or
purporting to execute or deliver any such document or piper.
6. The Escrow Agent shall not be liable for collection
items; nor shall it be liable for the default in payment of any
installment, nor the outlawing of any rights under the Statute of
Limitations in respect to any documents deposited. It may rely
upon any paper, document or other writing believed by it to be
authentic in making any delivery herewith.
7. in accepting any funds, securities or documents
delivered hereunder it is agreed and understood" between the
parties hereto that the Escrow Agent will not be called upon to
construe any contract or instrument deposited herewith.
8. It is further agreed that the Escrow Agent at the
completion of the Project, as evidenced by completion
certificates, or two years from date, whichever first occurs,
shall consider this Escrow Agreement of no further force and
effect, and shall deliver the unreleased funds and documents or
instruments hereby deposited by the District to District, and
that redelivery of such documents, moneys or instruments shall
relieve the said Escrow Agent from any further liability with
reference thereto. This provision however, may at any time be
waived by the Escrow Agent, and an extension of the term of this
Escrow Agreement may be entered into at any time by the mutual
consent of the parties hereto, reduced to writing and delivered
to and accepted by the said Escrow Agent.
9. It is further understood and agreed between the
parties that these instruments supersede any other contract or
3 1185.202 -3 (11/25/05)
agreement with reference to this Escrow Deposit, in so far as
said Escrow Agent only is concerned, and that the Escrow Agent
may rely absolutely hereon to the exclusion of any and all other
agreements between the parties hereto.
DISTRICT:
Williamson County Municipal
Utility District No. 2
3737 Hairy Man Road
Round Rock, Texas 78664
By:
MILBURN:
Bill Milburn, Inc.
11911 Burnet Road
Austin, Texas 78758
By:
Judy Scholl, president
ESCROW AGENT:
Frontier National Bank
Post Office Box 38
Round Rock, Texas 78680 -0038
By:
3- 1185.202 -4 (11/25/85)
WILLIAYSON CO.
Y.U.D. 1.2
FERN BLUFF Y.U.D.
PROPOSED 1a
DI. CL. 50 %INTERLINE
-J
PROPGD 1.5 11111.
GAL ELEVATED TATCA
PROPOSED 12
P.V.C. CL. S00 WATERLINE
PASaosfD $
D L CL. B0 WAT TUNE
UND ROC%
COl1YU:71TY
HOSPITAL
•
EXHIBIT E
••■•
STATE OF TEXAS
COUNTY OF WILLIAMSON
This Addendum is made and entered into to be effective on the
14th day of September, 1987 to amend that one certain West Round
Rock Water System Improvements Agreement, by and between the City of
Round Rock, Texas ( "City "), Milburn Investments, Inc., Hy -land Joint
Venture, Hy -land North Joint Venture, E. C. Joint Venture No. 1, L &
N Land Corp. and Reata Management, and is as follows:
I.
All references to either Tom E. Nelson Jr., Trustee and Mayfield
Ranch Venture are deleted from the Agreement and all parties hereby
agree that the Agreement is valid and binding notwithstanding the
fact that the above named parties have not executed the Agreement.
II.
Exhibit "G" to the Agreement is amended and replaced by the
version which is attached hereto and incorporated herein.
III.
This addendum is being executed in separate counterparts and
will be effective upon each of the undersigned executing a copy
hereof, without the necessity of each party executing a single
document.
ATTEST:
� Oa,4 LtJ Jft /
Jo(.nne Land, City Secretary
C15ADDENDUM
Addendum To West Round Rock
Water System Improvements Agreement
CITY OF ROUND ROCK
By:
PARTICIPANTS:
Mike Robinson, Mayor
1. MILBURN INVESTMENTS, INC.
A
(date)
By:
Bill Milburn, Presidnet (date)
2. HY -LAND JOINT VENTURE
By:
Robert A. Fritsch (date)
Agent and Attorney -in -fact
HY -LAND NORTH JOINT VENTURE
By:
Robert A. Fritsch (date)
Agent and Attorney -in -fact
3. E. C. JOINT VENTURE NO. 1,
a Texas joint venture
By: Robert Walter Cozean 1986
Trust, joint venturer
By:
Robert T. Cozean, Trustee (date)
By: Harriet Ann Cozean 1986 Trust,
joint venturer
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. Cozean, Trustee (date)
By: Debra Sale Trust,
joint venturer
By:
Ed Wendler, Jr., Trustee (date)
2.
4. L & N LAND CORP.
Bruce French, Vice - President (date)
PROJEC - MANAGER
RE' TA
By
James Ji-isfop
3.
(/date) 1
DWELT: 11110 RON MATER 1RROVENENTS OESCRIPTION: EAST ROUE
66T100TED 832: P.B.6.
106 WHEW 352- 122.82
*69. t 22-Sep - a7 FILE: P6:E10TTR1
1114E 04040)00067 r.$ I7Y AW1211. O4(1
T6 DESCRIPTION WFW L.F. 0011 5187070.
2. 42' WATER LIRE A 30,463 5,911 $89.00 1526,079.00
105. 36' INTER LIRE B 13,986 5,200 100.22 1458,744.00
106. 36' TATER LIRE B 13,986 5,001 180.22 1441,180.22
107. 24' INTER LINE 1,930 3,000 160.00 1180,000.00
100. 24' MATER LITE 1,930 1,027 160.00 161,620.00
113. 24' WATER LINE 1,930 1,310 160.00 178,000.00
109. 30' INTER LIME B 11,85 2,015 $79.94 4161,079.10
110. 30' INTER LITE B 11,390 4,315 179.94 1344,941.10
111. 30' MATER LINE B 11,009 4,516 179.94 0361,009.04
112. 30' WATER LITE C 10,384 2,053 111684 1239,672.5'
121. 30' INTER 11000 C 9,871 2,595 $92.30 1239,518.50
75. 24' LATER LIIE 7,413 2,500 160.00 6150,000.00
72. 16' 407E8 LITE A 6,900 566 131.00 117,546.00
117. 16' 00168 LITE 3,647 1,400 140.03 156,000.00
74. 16' INTER LINE 3,476 800 140.00 132,000.00
119. 16' WTER LITE 171 2,600 $40.00 1104,000.00
118. 16' LATER LITE A 3,062 1,433 149.00 470,217.00
120. 16' LATER LITE 0 3,082 1,514 149.00 674,18600
77. 16• MITER 111E C 2,458 1,828 61.70 4110.489.60
101. 16' MATER LITE A 2,116 1,802 $3600 $64,872.00
96. 16' LATER 1.1E A 2,116 905 4330.00 434,390.00
71. 12' MATER LINE A 342 3,304 ►30.00 $99,120.00
76 16' LATER LITE C 626 4,065 147.83 1194,428.95
122. 12' TITER LINE 513 4,700 430.00 1141,000.00
501. 24' WIER LITE 2,976 2,500 160.00 1150,000.00
1.0 66 NORTH ST.P. L8. 1250,000.00
1.5 1G F.0.111114 A L6 11,162,681.00
667O16Lf5110A11N 11611CT1O1
ONTRACT COST
65,809,182.03
E761T6E866 FEES (1001 6580,918.20
CITY 0MPFC71O1 FEE 1261 0 175,197.82
O101 FEE 01001 D $375,989.10
P0OJEC1 T11N6TEN7 FEE (3%1 0 1112,79673
LETAL FEES 1112,0001 112,000.00
0810TAL 68,966,003.89
RDJUSPOITS
Lire NA. 2 constriction cost of 626,079.00 • 105 engineering
6410 00/*o*00 Rock 9/14/87 agreement
Line lb. 96 constriction 0266 of 134 ,390.00 • 102 engineering
NYLAND 2.9.-
WOAD K 3.0.
ILE EC .19. N0.1
49p4) P808ATA % 1 COST
6,250
6,250
6,250
0
0
0
6,050
5,593
5,204
5,204
5,�
2,293
2,293
0
2,91
2,91
1,046
1,046
3,500
20.21
44.690
44.606
0.006
0.00%
0.00%
51.03%
49.070
47.27%
50.12%
52.726
70.20%
75. 42%
62.87%
65.970
0.00%
94.45%
94.450
0.001
0.000
0.00%
0.00%
0.00%
0.00%
35.15%
35.156
40.36
0107,935.63
1205,012.69
6197,167.02
10.00
6.00
6.00
102,196.66
1169,262.60
1170,648.97
1120,213.5
8126,274.15
1105,300.00
413,233.19
135,207.20
$21,110.40
6.00
1660.319.96
170,068.68
10.00
$0.00
10.00
6.00
6.00
$0.03
1`3,725.00
187,875.00
$468,873.62
$2,099,42632
$209,942.63
127,459.91
1137,299.53
$41,189.86
14,000.00
12,519,318.25
137,829.00 •
6101BIT 6
FERN BUFF
USE MIN
166W 0020018 1 BROWN COST
3,064 10.061 852,913.03
3,064 21.910 1100,510.81
3,064 21.916 196,664.34
O 0.006 $0.00
O 0.000 $0.00
O 0.00% 6.00
3,064 25.850 $41,638.95
3,064 26.080 12,720.17
3,064 27.830 1100,468.82
3,064 29.510 870,778.94
2,51 25.84% $61,591.50
2,209 29.800 644,700.00
1,696 24.509 11,312.81
1,354 37.13% 620, 72.80
1,183 34.03% 110,889.60
171 100.001 0104,000.00
171 5.5% 13,697.04
171 5.55% $4,117.32
342 13.91% 016,203.70
0 0.001 $0.00
O 0.00% 10.00
342 100.030 199,120.00
O 0.00% 6.00
513 100.000 1141,000.00
O 0.00% 6.00
O 0.001 10.00
3,064 35.30% $410,496.99
11,477,116.90
1147,711.69
118,045.19
$90,225.97
127,067.79
14,000.00
11, 764,157.5
1876,905.16 • 0
BOLO ROOT
006 1O/E612E1
Weil DROWN % WARM COST
19,749 64.831 1341,051.75
3,272 23.396 1107,300.22
3,272 23.396 1103,193.2
530 27.466 049,420.00
530 27.460 116,920.85
530 27.46 21,418.80
2,741 23.126 137,241.49
2,741 24.05% 102,958.33
2,741 24.90% 189,891.25
2,1 20.380 /5,1352. 77 •
0.001 6.00
0.006 $0.00
0.00% 10.00
0.00% 6.00
0.006 1000
0.000 $0.00
0.000 6.00
2,11 86.091 0100,285.90 •
0,11 (00.006 164,872.00 1
0.11 100.000 134,390.00 •1
0.0.1 $0.00 0
626 100.000 1494,42095 •
0.006 10.00
530 17.81% 126,715.00
530 17.81% 144,4500
2,116 24.380 1283,510.39 •
61, 696, 364.65
0169,836.47
119,490.81
697,454.05
129, 23622
6.00
12,014,382.19
(1575,686.901
16876,905.161.14
(137,029.001••
10.140160 70TN. 2,5 7,147.25 62,641,072.71 6520,961.13
P6 01617610' PRO RATA 5469E 0' 008006116 R8100 ROCK 0.5612E 067 IF
- 0687ICIWWT- -166(9961- -0ROATA0 --
14. 2.0. et. 11. 6,250 58.331
FFJ01 BUFF 3,064 2660%
L 1 N 1,400 13.070
1520,961.13
4303,87663
$0.00
$0.00
10,714 100.000 70181 ROFN 028(00680076) 9496 1303 ,87663 1146,994.88
TOTAL 607113190 PPRTICIPIWT COST 18W. T07AL • RA 00005/06 WW1 12,061,13.01 $2,790,067.59
INTEL,
00 FEIN BUFF 1305 1000 LP TO 671,000 8116 100 016186600116 RE: 66660E67 660005(0 170 COIBi1CTTO1 O TITER 0001611 1117100 10600, EXECUTED 9/14/81.
08-LAND PAYS 1001.
••• OF 7019 OGINT FERN BUFF'S 00110411 PARTICIPATION 15 1736100.00 WITH 1138,805.16 BALMS 70 BE PEIKE RSFD 1000 B te
Y RODE R. IEt 01062]201
02&90/16 TIE b0 80011O0 CF (*0100 115108 10008E0005, 00011800 9/14/87.
A - DEPUTES P001E6T C(1FLETE AS OF 9 /21/87
8 - 0010760 PROJECT 010 8/26/87
C - DENOTES PROJECT BID 7/2/87
0 - 0EN076 NO F0T5 0I DI LETED PROJECTS
10.00 11303,876631
6148,994.88 14146,994.881
6.00 068,089.621
11520,961.131
16.001
1
156 LARD CORP.
(98 PRORATA % PROMTA COST
1,400
1,400
1,400
1,403
1,400
1,400
1,400
1,400
0
4.60% 124,178.59
10.010 045,20.27
10.01% 144,162.94
72.540 1130,572.00
72.54% 644,699.15
72.54% $56,581.20
0.00% 6.00
0.000 10.00
0.00% 6.00
0.006 $0.00
0.00% 6.00
0.000 $0.00
0.000 10.00
0.00% 10.00
0.006 10.00
0.00% 6.00
0.00% 10.00
0.000 $0.00
0.00% 6.00
0.000 $0.00
0.006 $0.00
0.000 10.00
0.001 10.00
0.00% $0.00
47.04% 670,560.00
47.04% $117,600.00
0.00% 10.00
1534,274.15
153,427.42
010,201.91
$51,009.56
115,64 87
14,000.00
1610,215.90
$666,215.90
$0.00
6.00
16$089.62
168,099.62
1736,305.52
LETTER OF AGREEMENT
This Letter of Agreement is being entered into by and between
FERN BLUFF MUNICIPAL UTILITY DISTRICT, (the "District "), a
political subdivision of the State of Texas created and operating
pursuant to Chapter 54 of Texas Water Code and the CITY OF ROUND
ROCK, ( "Round Rock ") a home rule city located in Williamson County,
Texas, to set forth the agreement between the District and the City
regarding operations and maintenance expenses for that certain
1,500,000 gallon elevated reservoir, ( "Reservoir ") located within
the District and financed and constructed pursuant to "Agreement
Regarding Reservoir Construction and Operation" ( "Reservoir
Agreement ") executed by the City, the District and Williamson
County Municipal Utility District No. 2 and attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The parties agree as follows:
1. It is understood and acknowledged by the City
and the District that the Reservoir Agreement
sets forth that Williamson County M.U.D. No.
2 agreed to pay for its pro -rata share of
operation and maintenance expenses, as defined
in the Reservoir Agreement, in an amount equal
to its 40.32 percentage share of ownership of
the Reservoir. It is further understood and
acknowledged that the Reservoir Agreement did
not explicitly provide for payment of any
portion of operations and maintenance expenses
of the Reservoir by the City.
2. The City and the District now desire to set
forth their agreement as to the sharing between
them of the remaining 59.68% share of
operations and maintenance expenses. The
parties agree that of the entire operation and
maintenance expenses, the parties shall pay as
follows:
Williamson County M.U.D. No. 2 - 40.32%
Fern Bluff M.U.D. - 34.22%
City of Round Rock - 25.46%
3. The City and the District agree that the City
will pay to the District the City's pro -rata
share of operation and maintenance expenses as
such expenses are defined and set forth in the
Reservoir Agreement. Provided, however, it is
understood and agreed that the District shall
invoice the City for its share of such expenses
for each prior month in which expenses were
incurred and payment for such expenses shall
be payable by the City to the District within
thirty (30) days of the invoice.
4. The parties agree that this Agreement is
supplemental to the Reservoir Agreement and not
in lieu thereof.
EXECUTED this the 6b day of //" /I1L, 1989.
ATTEST:
Secretary,
Board of Directors
489 -69.3
CITY OF D 0
By: yy� "" '' //��,,
Its: / /w s� l.}
FERN BLUFF
MUNICIPAL UTILITY DISTRICT
By:
Its:
DATE: May 23, 1989
SUBJECT: Council Agenda, May 25, 1989
ITEM: 13H. Consider a resolution authorizing the Mayor
to sign an agreement with Fern Bluff regard-
ing the operations and maintenance of a 1.5
million gallon water storage tank.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
To authorize the Mayor to sign this agreement.
ECONOMIC IMPACT:
The initial contract was vague in the requirement for the City
to cost share in the operation and maintenance costs for the
1.5 million gallon Fern Bluff water storage facility. This
letter clarifies our responsibility to pay our proportional
costs.
WEST ROUND ROCK WATER SYSTEM IMPROVEMENTS AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
TH S AGREEMENT is made and entered into on this 1 day
of Y?_OYYI Qn , 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
Kallman & Gray, Inc.
Area to have access
consisting of several
must be constructed, ("
Recitals
performed by the engineering firm of Haynie,
has determined that in order for the Study
to City's water system, certain improvements
water lines and one or more elevated tanks
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:
I.
1.01. Participants own or have within their boundaries the
number of acres of land within the Study Area as indicated below:
2. Hy -land Joint Venture
Hy -land North Joint Venture
E.C. Joint Venture No. 1
1. Milburn Investments, Inc.
NAME NUMBER OF ACRES
3. L & N Land Corp.
4. Tom E. Nelson, Jr.,
Trustee No. 1
Mayfield Ranch Venture
WTRAG
3 -10 -87
690.406
2,209.540
316.018
497.12
981.29
EXHIBIT "B"
MORE
PARTICULARLY
DESCRIBED IN
EXHIBIT
11011
"Cu
"D"
11E11
"E -1"
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, Kallman & 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 .
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. Milburn Investments, Inc.
2. Hy -land Joint Venture
Hy -land North Joint Venture
E.C. Joint Venture No. 1
TYPE OF
RESIDENTIAL UNIT
Single Family Detached
II.
2.
LUE's
3,064
6,250
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
IGu
2.02. The number of LUE's for residential uses shall be
determined as follows:
NUMBER OF
LUE's
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
(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
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.
(f)
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
4.
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 prorate
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.
I V.
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 location for the
easements will be made by the City in conjunction with Haynie,
Kallman & Gray, Inc.
6.01. This Agreement shal
Participants from the payment
permit fee otherwise required
otherwise agreed upon between
City.
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 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.
6.02. This is a water line
service agreements are expressly
VI.
1 not be construed to exempt
of any development, service, or
by ordinances of the City, unless
the individual Participant and the
agreement only. Water supply and /or
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.
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.
AT EST:
nne Land, City Secretary
CITY OF ROUND ROCK
1
By:
PARTICIPANTS:
By:
Mike Robinson, Mayor
1. MILBURN INVESTMENTS, INC.
ill Milburn, President
2. HY-LAND JOINT VENTURE
By: ttMt/( ajt
Robert A. Fritsch
Agent and Attorney -in -fact
HY -LAND NORTH JOINT VENTURE
By: ►cA MMttA �a�Ci►✓J
Robert A. Fritsch
Agent and Attorney -in -fact
E. C. JOINT VENTURE NO. 1, a Texas
joint venture
By: Robert Walter Cozean 1986
Trust, joint venturer
By:
By: Harriet Ann Cozean 1986 Trust,
joint venturer
By:
9.
9 q147
(date)
(date)
(date)
(date)
17
Robert . Coz ad n, Trustee (date)
e.;$ _44'lz05
Robert T. Cozean, Trustee (date)
State of Texas
County of Williamson
This instrument was
1987, by Mike Robinson as
State of Texas
County oft -�z -v
4.
PATRICIA 1. BEARD
Notary Public, We of Texas
My cue4isdm Expires 3-2490
By: Tiffanie Cozean 1986 Trust,
joint venturer
t _ zl i
Robe . Coze n, Trustee (date)
By:
By: Mary Lou Cozean 1986 Trust,
joint venturer
By:
Rob
By: Debra Sale Trust,
joint venturer
rt T. Cozean, Trustee date) 7
By: � �.�., 3 - 6 -
Ed Wandler, Jr., r (date)
3. L & N LAND CORP.
Bruce French, Vice - President (date)
TOM E. NELSON, JR., Trustee No. 1 (date)
MAYFIELD RANCH VENTURE
By:
PROJECT AGER
Tom E. Nelson, Jr., Partner
REA A MANAGEM
By: A,MLIMUigAir
Jam His op i/
1 0.
(date)
acknowledged before me on , CX ft 11 ,
Mayor of the City of Round Rock.
Notary Public, State of Te as
Printed Name: l'lxjr0.h {3, ` -t`e-t_1
My commission expires: 5 -?
This instrument was acknowledged before me on .
1987, by Bill Milburn, president of Milburn Investments, Ific.
r -
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas
/ J /
County of (j.�CCF/C�7n7 )may L. /
This instrument was acknowledged before me on :/)/(7 - /
1987, by Robert A. Fritsch, Agent and Attorney -in -fact, on behalf
of Hy -land Joint Venture, a Texas joint v
Notary lic, State of Texas
Printed Name: ,7 / / .('/ c /()-(6 /-)
My commission exp res: /f- S-. -J= =/'
State of Texas
County of 7) //'(/
�f�z z)
This instrument was acknowledged before me on J/4'7.( -, , l
"
1987, by Robert A. Fritsch, Agent and Attorney -in -fact, on behalf
of Hy -land North Joint Venture, a Texas joint venture.
State of Texas
County of z /r/
12 // /' - <rry/Jr 7
Notary ,7 `�' lic, State of Texas
Printed � Name: /7i ` c,14 L/Lfr -fc
My commission expires: /cs
BEF ME, the undersigned authority, on the G" day
of � yC , 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.
- GIVEI;I U ER MY HAND AND
of �%� /f/d� x19$•7
State of Texas
County of i�
SEAL OF OFFICE
11.
State
Texas
this the 7 7 4 day
Notary Publ c,
Printed Name:
My commission expires:
BE ORE M , the undersigned authority, on the �' " day
of �/,r)',( , 1987, personally appeared Robert T. Cozean,
Trus ee, 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. 7
GIVEN UNDER MY HAND AND SEAL OF OFFICE this th 7
- / day
of iri /!/ , 1987. ��,
rlot,, "t ,.._...,
Notary Publi , State of Texas
Printed Name:
My commission expires:
State of Texas
County of
8EFO E , �"�E, the undersigned authority, on the yi/ day
of / al l. ^ , 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. 7
GIVEN UDDER MY HAND AND SEAL OF OFFICE this he /— day
of }7 t , 1987. .
f n
1Wr: i'
County of
State of Texas
BEFO E 4E, the undersigned authority, on the / day
of ///V .1 4/1� , 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.
of / G VEN UDDER MY HAND AND SEAL OF OFFICE this t ;
✓� -f? /f , 1987.
BRIAN A. ,nr!: di
y Publ , � cR
'.•
j r
Notary Publ c, State of Texas
Printed Name:
My commission expires:
Notary Publi , State of Texas
Printed Name:
My commission expires:
State of Texas
County of ie��
BEE E , the undersigned authority, on the day
of , 1987, personally appeared Ed Wendler, Jr., Trustee,
of De a 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.
GIVE$ UND,F�R MY HAND AND SEAL OF OFFICE this the � (' day
of e� /( , 1987.
State of Texas
County of
This instrument was acknowledged before me on
1987, by Bruce French, Vice President of L & N Land
corporation, on behalf of said corporation
12.
Notary Public,
Printed Name:
My commission expires:
arch ,
Corp., a Texas
Notary Public, State of Texas
Printed Name:
My commission expires:
State of Texas
County of
This instrument was acknowledged before me on
1987, by Tom E. Nelson, Jr., Trustee.
State of Texas
County of
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 t S d ri
This instrument was acknowledged before me on ,
1987, by James Hislop, sole proprietor of Reata Ma agement, on
behalf of said proprietorship.
13.
'27e4
Notary Pubi c, Sate f T as
Printed Name: "/' e/4 'sot
My commission expi s:),) � -,P,Q
11/111.. MAP 1
l anM f.
xG irifltK
NELSON
TRACT
EXHIBIT A
PROPOSED
WEST ROUND ROCK
WATER SERVICE AREA
STORAGE AND TRANSMISSION
IMPROVEMENTS
.■ mamma MOM
PROPOSED 1.0 MO
•T•XD1.IPE
•C. MtFEIxE
�[xD
O flown 00008.1 as
MArm
-- • Pram, wartavea
O
�/ 0L 41f RLlx
4 ��r� iFRL ix[
p g n Fii g n Engineers
Inc.
AwiD. Texas
7/06
EXIIIBIT B
CARLSON & DIPPEL
SURVEYING COMPANY
FIELD NOTES
Page 1 of 9
BEINC ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF 'I HE 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. 14 18 °55'02" W, 625.86 feet to an iron pin set at the base of an 11" post
oak tree,
3. 14 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, 5 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. 5 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. 14 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) 3278290
EXHIBIT "B ", Page 1
Olson Tract
Page No. 2
Surveyed By:
H R /ccr
Joti 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.
SAVE AND 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 8S °02' W, 3.27 feet,
2. S 86 °50'26" W, 743.43 feet for the southwest corner of the herein described
tract,
THENCE, 14 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, 14 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.
omas
Carlson & Dip
2499 Capital of Tex:. ig
Austin, Texas 78746
EXHIBIT "B ", Page 2
Page 2 of 9
Date 1-24/•5
CARLSON & DIPPLL
SUM/EYING COMPANY
FIELD NOTES
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LANG OUT OF AND A PART
OF THE J.II. 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. 5 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. N 09 °59'28" W, 237.77 feet to a 60c1 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. 11 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
Page 3 of 9
Olson Tract 77.40 Acres
Page No. 2
6. 9 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, 9 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 are 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 85 767.19 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. t •.. ''.... �
Surveyed By:
11 Ricer
Job No. 84 -075
9/24/84
IIIOMAS1.
Tioml�j�•'• R.P. . ./ 8
Carlson & Dippe . r g Company
2499 Capital of Texas Highway, Suite 810
Austin, Texas 78746
5
EXHIBIT "B " , Page 4
Page 4 of 9
FIELD NOTES FOR 466.402 ACRES
Field notes describing n 466.402 acre tract of load in the William
nugan .Survey, Abstract No. 190, in Nilltnmson County. 'Texas and
hoing a port of n tract of lanr! tolled 472.156 acres of land in n
deed co 11111 Hilburn. Inc. reC orded in Volume 1020 Page 2f12 of the
Perri Records of Williamson County, Terns and being more
particularly described by metes and bounds os follows:
•
N!t:I7,'),760 nt n 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 #174 and the occupied West
line of a tract of lend conveyed to Clarence l„ Souls by deed
recorded in Volume 008 Page 936 of the abova'men tioned Deed
Records. and the Nartlrenst corner of the above mentioned 472.156
. rre tract hears 5 75° 31' 03" F; 72.41 feet.
'1117:'NCF 19' 33' 16' E 2721.90 feet to a point for an angle point.
13 :CF ., 19° 19' 09' E 1481.33 feet to n point on the occupied
North hoo or 131.71 acre tract conveyed to A.N. Robinson, ,Jr. et
al Volume 413 Page 626 of the said Peed Records for the
S ourly'" "2 corner of this tract.
iy;A;NC1f vith the occupied North line of the sole! 131.71 ncro tract
for the following four (4) courses,
(1) S 67 25' 44" I✓ 253.91 feet to on iron pin found.
(21 S 090 51' 37" I✓ 436.37 feet to an .iron pin found.
(1) S 68° 44' 48" W 332.74 feet to on iron pin found,
( S 68' 47' 09" W 407.51 feet to an iron pin found In the
Nxr then,,[ corner of Lot 1 in Work 12 of Brushy Creek Section
Two as recorded in Cnbi net C Slides 324 through 331 of the
Plat Records of WiJlJnmson County, Texas end the occupied
irrthwost corner of the said 131.71 acre tract for the most
Pastel Northen.st corner of n Boundary Line Agreement,
between 6.0. Beck rind C.N. Avery Jr. et nl. recorded In
Volume 648 !'age 469 of the said Deed Records.
(5/51i(1. with the said Boundary Line Agreement and the North lino of
the said lllock 12 for the following two courses:
(!) 5 (r,'I° 27' 58" I✓ 1903.9A feet to nn iron pin found.
(2) !: 6e' 43' 12' 1✓ 1169.80 feet to an iron pin found In no
nele point of the North line of Lot 29 in the said Mock /2
for the Southwest corner of the said 472.156 acre tract and
the Southwest corner of this tract.
TNFNCE 1: ir'° 00' 00' W with the said Boundary Line Agreement, the
rant line of the said Brushy Creek Section Two, the Eest line of
The hillside at Drushy Creek ns recorded in Cabinet 8 Slides 305
and 306 or the said P1nt Records, and the East line of Oroshy Creek
5eetinn !inn, as recorder! in Volume 12 Pages 44 through 49 or the
said flat. Records, 4256.29 feet to an iron pin found In the
intersection of the East line of Greet Oaks 'Drive and the South
line of County Nonrl /174, for the Northen.st corner or the sold
Ilrnxhy Crook .5ectj Ono.
EXHIBIT "B", Page 5
Page 5 of 9
2
f irEvCI: A' 10° Bn' 00' W at 40.00 feet puss and iron pin found in
the intersection of the sold Boundary Line Agreement and the North
line of County Rood 1176 nod continue for n total of 189.00 feet to
an 'inn pin found nn the npproximate centerline of Brushy Greek. In
t.1,,' North end of the snit) Boundary Line Agreemerrt end the most
Westerly Northwest corner of the said 472.156 acre tract.
TONVCE with the East line of Lot 7 in Block 6 of Great Onks Section
TI a recorder! in Volume 10 Pngos 31 through 34 of the said Plat
records for the following two (2) courses:
(1) S 55 22' 20" E 42.32 feet to an iron pin found. '
(7) 9 01 17' 46" lS 95.70 to an iron pin found in the Southwest
corner of a 2.19 ncre tract of land conveyed to the Williamson
Cenntr Nunicipol Utility District No. 2 in Volume 738 Pope 555
of rho said Deed Records for the most Northerly Northwest
corner of the said 472.156 acre tract and the Northwest corner
or this tract.
THENCE N 76 00' 46" !i 301.75 feet to an iron pin found in the
, corner of of the solid 2.19 acre tract and the Southwest
coroer of n 5.34 ncre trust of land conveyed to Paul Gifforr! by
4.vd recorded in Volume 633 Page 270 of the said Deed Records.
THENCE A' 76 24' 52" li with the South lime of the said 5.34 ncre
troy 157.70 feet to no iron pin set for an angle point..
1'B N 79° !n' 32' I? 85.85 feet to an iron pin set for an angle
p. i n t .
THENCE h' 25 00' 03" E 65.20 feet to an iron pin found in the
,,nothea<t corner .s
of the said 5.36 o cre trot[ rind the Southwest
ooro or .15 acre tract conveyed to Paul Gifford in Volume 672
, . , ;:1 of I. he sold Bared records.
fh!(,V!,f-, m' 84 58' 54" E with the occupied South line of the said
4.15 ncre true, 79.07 feet to en iron pin set for an angle point.
1'16NCI: A' 77 17' 32" E 57.68 feet to en Iron pin ,set for an angle
ooint .
THENCE V 72' 05' 111' !', 140.71 feet to no Iron pin round in the
.rnrhoast corner ,s
or the said 4.15 acre tract- nnd the Southwest
corn , of o 5.30 ncre trot[ conveyed to Norio OLJedn by deed
fr'corder In Volume 645 Palle 7 22 of the said heed Records,
171I:NCF: "1 73' 17' 53" h with the South like or the said 5.311 ncre
:roc: /66.08 !cot to an iron pin found.
13 ,c 65' 14' 53" 1: 104.90 feet to an iron pin founr! . , the
Wes: lino of '!'onknwn V1110pa as recorded 1n Gablent. C ,511de 119 of
rh,. said plat /:'acorns for the Southeast corner of the seta 5.311
.ncre tract.
1111:,:r 1 27' 51' E 96.77 feet to n point on the appru.rimnte
centerline or /'rush, Creek snid point being .tire .Southwest corner or
I.ho r irf 'fnnkow;r Vi lingo.
EXHIBIT "B ", Page 6
Page 6 of 9
(HENCE ,! the nppro.ximnte centerline or Oroshy Creek nod the
South line of the sold Tonkown Vllinge for the following eight (8)
(1) 7! 02° lo' 45" E 179.76 feet to nn angle point.
(2) ,'J 48° 24' 45' f 224.57 feet to nn eagle point.
(7) n 44° 27' 50' li 350.80 feet to en angle point.
( '4' 4 " 32' 40' 7! 168.36 feet to no angle point.
(5) 7: 4 1 ° 42' 47" (1 342.07 feet to on angle point.
(6) „ 67° 28' 45" E 237.75 feet to nn angle point.
(7) ,v 64° 45' 44' 1i 264,69 feet to nn angle point.
( +1) 6' 74° 94' 44' E 218.93 feet to a point or the West .Line of
20.46 acre tract of laird conveyed to fenr Creels Joint
Veutnre Iry deed recorded in Volume 950 Pnge 185 of the sold
need Records.
1'1)7.5( with the rcmnins of nn aid fence on the lI'e.st line of the
:.yid 27,46 ncrr tract Cur the following three (3) courses:
(I) '. 07 14' 11" Ir 132.83 feet to an iron pin fnnnd.
(2) S 12' 54' 111' E 51.47 feet: to nn iron pin fn,urd.
(.7) 06' 30' 32' E 127.58 fent to an iron pin fount uo the
North line of County Road /174 for the Southwest corner of
the ;.aid 2)1,46 ocro trnct.
THENCE S 06° 30' 32" R 44,16 feet to nn iron pin found on the
ore upied South line of County Rood 1174 for no angle point of this
tr'nrt.
THENCE with the occupied South line of County Rend 7177,
fnllnwr „ nine. (9) courses:
(1) N 66° 7:1' 39' E 55.85 feet to en iron pin found.
(2) N 611° .34' 03' li 108.17 feet to nn iron pin found.
(3) N 70° 01' 47' E 303.24 feet to an iron pin found.
(4) N 73 06' 48' E 163.02 feet to on iron pin found.
(5) N 75° 07' 50' E 245.01 feet to en iron pin found.
(0) N 85 43' 14" E 112.87 feet to an iron pin found.
(7) t 871 26' 12' E 176.31 feet to an iron pio found.
(9) S .6 37' 49' E 246.95 feet to an iron pin found.
(9) S 75' 71'.03' li 53.53 feet to the POINT OP BEGINNING
containing. 466.402 ncros or land more or less.
1. Timothy E. Rnyolo, A 117107STL•RED PUBLIC SURVEYOR. do hereby
certify that these field notes nccurstely represent the results of
on - the- ,'ro,,nd ,survey made under my direction and supervision
[he 25th ,1ny of ,September, 1985. All corners located ore os shown.
The property described herein is correct nod has no visible
descrepnnclew ,s, protrusions, encroachments, easements. conflicts in
boundary. overinppiog of improvements, roads lo pince, nor
1' r nrtone , n except 0 hown. This tract hn,s access to and
o -, dedicnted r „ ,s roadway.
11AYNIE KALLIIAN AND GRAY. INC.
Timothy C. 11n tole.
Registered Public Surveyor No. 2380
Onto
EXHIBIT "B ", Page 7
for
the
Page 7 of 9
r11L0 No71i7 r017 2.796 ACRES
!cieid rrote.s deserib.(rr,( r 2.794 acre truer or Innd in the h'1111nn,
n 0nrvey. Abstract No. .19U. In 91111am5r County. Y'r.rnr: rr,l
,• nl1 of o 2.79 acre tract of land described Jr r o deed to !li)1
i lh 1nc. recorded in Volume 1020 Palle 202 or the deed accords
„( �', 11 i,,m.,,,,,, Gou,, ty, Texas and being more pnrticu)nrly described
up loll ,m :
li'. r.l;li'IlIG nl. .vi iron pin found in the intersection of the 1nnf line
of ear ( (ok;: Drive and the occupied South line of l:onnr.y Uon,l 0174
the Northeast corner of (Irushy Creels Snctim, (Irir., reror der/
in volume 12 Pones 44 through 49 of the Pint I(,cnrds of 1110msnn
County. 'I'e,ns, and the Southwest corner of this tract.
" /17..1:i 91 d' 19 00' 00' N 40.00 feet to .n, iron pin mood rr the
..n•tb line of County Road 1174 for the Nort/rwest corner nfthis
.73I9 :1t:!: with the North line of the said family Pond #174 1'n, the
following sixteen (/6) courses:
(1) .6 70° 44' 78" E 201.63 feet to an .iron pin round.
(2) N 77' 58' 59" 7' 428.71 feet to nn .(ran pin round.
(3) c /5 01' 45" 1( 2211.06 feet to an iron pin (onnd.
(4) v '(1' 56' 10" E 92.36 feet to an .iron pin found.
(9) ,/ 60" 29' /6" li :117.52 feet to an iron pin (000d.
(6) N Sri° 04' 52" r. 203.29 feet to an iron pin found.
(7) n 51° 37' 34" li 252.58 feet to on iron pin found.
(0) 0 49° :IS' D4' I; 155.72 feet to nn iron pin moor!.
(u) ' t' 46° ' 30" E 312.05 Ceet to an iron pin 7'onnd.
(10) 7: 76' 21' 17" !.' 55.00 feet to an .iron pin found.
( 11) 71 r;;l° 00' .74" /(' 137.15 feet to on iron pin round.
(12) 0 63° 1:1' 50" E /7.9.20 feet to ,,n iron pin found.
(!7) N 75° 46' 11" E 99.00 (net to on iron pin round.
(14) 0 76' 47' 05' h: 193.99 feet to on iron pin round.
(15) it 77" 53' 51" E 117.3.7 feet to an iron pin (
(!r;) N 66' 17' 02" r; 99.44 feet to nn iron pin found in the
01or h,.enl corner of 0 29,46 acre tract of land conveyed 70
7'•ar ( :reek .7,, ,,L Venture by deed recorder! in ('9■., 950
Vag, 145 of (he above mentioned Peed Roc nrds for rho
i.,rr.heast corner of this tract.
06" 70' 72" 91 44.16 font l:o rr r iron pin r000,i r, r r.bn
�• e.! ,alb line or Cavol.y Nord 1174 ('nr thr. .Saurhos: +t r.,r n..r of
bars.
EXHIBIT "B", Page 8
Page 8 of 9
T1 1.1,1`. with the occ upl"'( South 17.,e of County Nand 4176 for lira
,,.teen (16) r.0nrsesr
(1) . 66° 2:1' 30" h' 00.57 feet to no Iron p1'. (9770,1.
(2) .; 77° 53' 51" I✓ 171.09 root to no (r'on p1,, funel,
(' i6 67' 05' h' 193.25 feet to nn iron pin r
(4) .S 75 46' ll' W 04.25 feet to no iron pi" found.
.S 63 13' 50" h' 175.60 foot to on iron pin round.
id.
(6) S 68' 08' 34" 14. 141.74 font to nn Iron pin round.
(7) .: 76 21' 17" 1✓ 47.35 feet to eo iron pl. found.
(%.) S 46' 52' 30" N 302.49.reet to no iron pio found.
(9) .S 49 .10' 04' W 157.35 Feet to on iron prn'r000d.
(10) ,S 51 32' 16' 17 254.03 feet to on iron pin
(II) s 56° (16' 52" N 106.41 feet to n0 iron plo ronnrl. _
(I2) S 60° 29' (6" (1 321.60 feet to en iron pin room,.
(13) . 67' 56' 111" W 97,44 feet to an iron pin fonnd.
( 1 4 ) .S 7 5 ° 0 1 ' 4 5 " IV 230.65 feet to no r on pin fnand.
(75) 72 511' 59" I✓ 427.22 Feet to n r
l pun ,,ruff•!.
O6) 70° 44' 10" PI 201.03 feet to the 1'0IN'1' (17 Iu;0107)70'!)
containing 2.794 ncre.s of land more or Joss.
1, Timothy M. Ilnyni e. A R(:GJS7'l'FFO 1 ,5'I /1;)')/7'(11'. do hr
• ,.lfl char. U,r,00 field notes nod attached Oar occorntely
r the rcooltn of ,r o' - tiro -I(.'o and survoy mode , ,der
di,,clinn anand soperv1: 1e0 no the 25th day or September. !'r05. A
n. r.. !orated are 05 shown. The prnpirrrl• , le.^.r,r'r:hed hero(,, (s
rnrr'cL , nd Ire.c no visible doserr!p,Incin::, (Ir'•, l:ru"lnn.s,
cocionchmoor,, ....sement.o. cnnfllct.n in hr,ur over-inviti nr
mp,nvrmeol,.,. unds in piece. nor shortages In .f:,
r
,, except , :h,r:n. /'hi= Lr:7,,t )rocs access to nod from n dedicated rn
❑AYNII:' 611,L71AN ARP GIia I. INC.
-(
Timothy h. JHaynie. .
Registered Ruhl (c .Cur,•cv•rr du,
Dote
9 -ro• es
EXHIBIT "B ", Page 9
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, SAID 260.34 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 o distance of 717.04'.
N 60° 47' 28" E a distance of 122.88'.
N 72° 05' 45" E o distance of 196.26'.
S 18 16' 48" E a distance of 4256.53'.
N 70 18' 55" E o distance of 1169.80'.
N 69° 14' 40" E a distance of 1905.27'
5 19° 31' 45" E a distance of 1329.80'.
EXHIBIT "C ", Page 1
Page 1 of 7
ti
Page 2 of 7
5 71° 09' 39" W o distance of 482.76'.
5 70° 05' 46" W o distance of 335.86'.
5 70° 48' 09" W a 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
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 if1, 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
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: 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 o distance of 5131.05'.
S 21° 05' 22" E a distance of 1721.21'.
5 68° 06' W a distance of 173.92'.
EXHIBIT "C ", Page 3
Page 4 of 7
S 21° 01' E a distance of 2195.40'.
5 65° 41' W a distance of 598.64'.
S 69° 22' W a distance of 1291.65'.
5 69° 21' 52" W a distance of 100.39'.
5 69 22' W a distance of 2910.61' ,
S 69° 16' 36" W a distance of 99.8T to the point of beginning, and containing
464,81 acres, more or less.
EXHIBIT "C ", Page 4
BEING 1290,43 ACRES IN WILLIAMSON COUNTY, TEXAS, OF WIIICII 670.46 ACRES 15 IN
i11E JAMES SIIELTOI I SURVEY, ABSTRACT NO, 552; 523.02 ACRES 15 IN Tllli JOAN MCOUI.ia.;
SURVEY, ABSTRACT NO. 415; 74.00 ACRES I5 IN TIIE JOHN 11, DILLARD SURVEY, ABSTRACT
NO, 179 AND 22.95 ACRES 15 IN THE J.M. HARRELL SURVEY, ABSTRACT 2/14, 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, 550, PAGE 30 OF TIDE 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 0, BECK, ET UX, DEED DATED JANUARY 13, 1965, AND RECORDED IN VOL.
475, PAGE 127 OF TIIE DEED RECCR DS OF WILLIAMSON COUNTY, TEXAS,
BEGINNING of on iron slake in the North Right-of-Way line of F.M. Highway No. 620 for the
most Southerly corner hereof, said point hears N 21 49' W, 102.26 feerYro,n the No, lhwest
corner of a 254.5 acre tract of land described in a deed from Oscar E. Beck, et ux, to Eugene
Oscar Beck, el ex, deed of record In Vol, 360, Page 87 of the Deed Records of Williamson
County, Texas;
THENCE N 19° 23' W, 476,84 fees a 20 inch Ilve ook,ond N 21° 13' 58" W, 383.78 feet to
live oak slump for on inside corner hereof; said point being on or near the Northeast corner
of she Thornos P, 0409 Survey:
THENCE with the fence along the Souih boundary line hereof and the North line of the Davy
Survey OS follows:
S 62° 18' 19" W, 91,58 feet to a 14 inch live oak;
S 69° 23' 39" W, 213,30 feel;
S 70 25' 55" W, 190.87 feet to a 6 inch live ook;
S 70 49' 15" W, 261,13 feet to 0 12 inch elm;
70° 19' 26" W, 258,81 feet to 0 14 Inch cedar;
S 69° 56' 26" W, 107.09 feel to a 14 inch live oak;
S 73° 30' 04" W, 82.64 feet to 0 6 inch elm;
5 70° 09' 23" W, 130.99 feet to 0 14 inch cedar;
S 70' 19 25" W, 200,65 feet toa 14 inch elm;
5 69° 33' 36" W, 241,09 feet to on iron pin;
S 73° 05' 05" W, 193,54 feet to on iron pin;
5 68° 17' 26" W, 409,36 feel too pence post;
S 68° 57' 44" W, 121,64 feel to a fence post;
S 76° 22' 13" W, 135.56 feet to on iron pin;
73° 50' 35" W, 182,66 feet to 0 24 inch live ook for the Southwest corner hereof; ,
TIIENCE with the fence along the West boundary lino hereof and the West boundary line of the
- above referred to 782.0 acre tract as follows:
N 19° 26' 43" W, 1211,86 feel;
N 19° 26' 23" W, 084.93 feel;
N 19° 29' I I" W, 1183. 12 feel;
N 19° 28' 30" W, 957,73 feel and
N 18° 47' 78" W, 1740,44 feel loo fence corner post for on outside corner hereof;
TIIENCE N 73° 29' 12" E, 1513,35 feel loo fence corner post for on ell corner hereof;
THENCE N 20' 05 39'• W, 1522.32 feel to a fence corner post for on auhidc cornet hereof;
EXHIBIT "C " , Page 5
Page 5 of 7
THENCE N 69" 31' 43" E, 772.83 feet to a fence poslond N 70° 12' 30" E, 541.00 feel to an
iro pin b a fence corner post
THENCE N 24° 23' 26" E, 1577.26 feet to un iron pin by a fence past;
THENCE N 15° 54' 28" W, 372.92 feel to on iron pin by o fence corner post for the most Northe
corner of this tract some being the Southwest corner of Brushy Creek Subdivision, Section Two, os
recorded in Vol, 12, Poge 50 of the Plot Records of Williamson County, Texas;
THENCE with the South line of Brushy Creek, Section Two, 5 77° 31' 41" E, 3169.32 feet, and
5 71° 36' 11" E, 2403,03 feel to the Southeast caner of the said Brushy Creek, Section Two, being
•on the East line of the aforementioned Back Troct described in Volume 558, Poge 30 of the said
Deed Records;
THENCE with the East line of Ilse said Beck 1,0,1, 5 18 31' 18" E, 544,57 feet, 5 18 32' 19" E,
278.33 feel to on iron pin,S 18° 41' 49" E, 212,19 feet to an iron pin,S 18° 27' 20" E, 1067.15
feet to on iron pin,and S 17' 49' 36" E, 481,75 feet to on iron pin in the North Right -of -Way of
Highway No, 620 for the Soutlseost corner hereof;
THENCE 390,77 feet along the arc of curve to the right whose central angle is 24° 44' 31 ",
whose radius is 903.93 feet long,ond whose chord bean S 18° 46' 44" W, and is 387,75 feel long
to concrete Right -o( -Wa monument marking the end of sold curve,
THENCE 5 31° 09' W, 320,00 (eel to a concrete Right -o( -Way monument morking the beginning
of a Curve to the right,
THENCE 351.90 feel along the arc of said curve to the right whose central angle is 03° 33',
wh.me radius is 5679.56 feel long, and whose chord bean 5 32° 55' 30" W, and is 351.90 (eel
long loo concrete Right -of -Wa monument;
THENCE S 34° 42' W, 643.00 feel to a concrete Right -of -Way monument;
THENCE 457,29 feel along the arc of o curve to the left whose central angle is 4° 32',
whose radius is 5T/9.56 feel long,und whose chord bean 5 32° 26' W, and is 457.17 feel long
to o concrete Right -of -Way monument marking the end of said curve;
THENCE S 30° 10' W, 836.20 feet to a concrete Right -o( -Way monument markin the beginning
of r. curve to the right;
THENCE 659,25 feel along the arc of soid curve to the right whose central angle is 06° 39',
whose radius is 5679,56 feet long, and whose long chord bean S 33° 29' 30" W, end is
658,88 feet long too concrete Right -of -Way monument marking the end of said curve;
THENCE 5 36° 49' W, 2603,75 feet loo concrete Right -of -Wa monument marking the beginning
of o curve to the right;
THENCE 744,68 feel along the arc of said curve to the right whose central angle is 19° 01' 47 ",
whose radius i 2241,82 feet long, and whose chord bean 5 46° 19' 53" W, and is 741.26
feet long to the PLACE OF BEGINNING; containing 1290,43 ocres of land more or less, Field
Notes prepared September, 1980 from Public Records and Surveys b Russell D. Parker, Registered
Public Surveyor No, 1661 in August, 1976,
' OF�
T, E,.. ' .
. .. v {R ..* f f Kirby T, y er, RPS, nib
e
2 . P,
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, JENNIL BECK 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 un iron stoke on the Southeast Right -of -Way line of 9,M, Highway No. 620
marking the Northeast corner of the above referred to 254.5 acre tract of land;
THENCE along the said Right -of -Way of F.M, Highway No, 620 as follows; S 34° 42' W, 249.92
feel to the beg inning of a curve to the left;
THENCE 449.41 foal olong the orc of said curve to the left whose cent /al angle is 4° 32',
::hose radius is 5679,56 feet long,ond whose chard bears 5 32° 26' W and is 449,29 feel long;
THENCE 5 30 10' W, 836.20 (eel to the beginning of a curve to the right;
THENCE 670,86 feet along the orc of soid curve to the right whose central angle is 06' 39',
of <occ radius k 5779.56 feet long,ond whose chord bears 5 33° 29' 30" W, and is 670,48 foto long;
THENCE continuing wills Ilse said Right -of -Way line, 5 36 49' W, 1934,46 feel to an 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 ell corner in the South boundary line of the soid
254,5 acre tract and being on or near the Northwest corner of the Molcan M. Hornsby Survey;
THENCE along the South boundary line of the said 254.5 acre tract os 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 to a 10 inch elm tree;
N 75° 09' 33" E, 138.01 feel to an 18 inch pose oak Tree;
N 68 12' 23" E, 218.90 feet to a fence corner pmt;
N 71° 21' 15" E, 2008,58 feet to an pole by o fence comer post marking the Southeast
corner of the 254.5 acre Iroct and being the Southeast corner hereof;
THENCE with the fence along the East boundary line of the soid 254.5 acre tract of land os follow,
N 18° 54' 01" W, 1920,67 feel, ond N 19° 05' 14" W, 1922,62 feel to the PLACE OF
BEGINNING, conloiring 193.96 acres of land more or less. Field Notes prepared September,
1980 from Public Records end Surveys by Russell D. Porker, Registered Public Surveyor No, 1661
in August, 1976.
EXHIBIT "C ", Page 7
Page 7 of 7
/ Dote
FI::_D NOTES OF 316.018 ACRES
:;,ZI•ES describing a 316.018 acre tract or parcel of land, out of the
r7shir,;ton Anderson Survey, Abstract No. 15, situated in Williamson County,
being all of that certain 316.05 acre tract of land conveyed to Sam Bass
31:: by decd recorded in Volume 951, Page 128 of the Deed Records of Williamson
County, Texas, found upon re -survey this date to contain 316.018 acres of land,
:::2 Ling more particularly described by metes and bounds as follows:
1'EUL S:Z::C at an iron oin set at or near a fence corner post being the
in:erzection of the new north right -of -way line of F.M. 1431 and the east
ric2ht - of - wry line of Sea Dss Road (County Road No. 175), also being the
routhoest corner of said 316.05 acre tract, for the southwest corner and POINT
0:' GII I G of the hereinafter described 316.016 acre tract;
departing said north right -of -way line of said F.M. 1431, along said
cast right-of-way line of Sam Pass Road, as fenced, for the west line hereof,
the following our (4) courses:
1.) 022 °0S'W, 1019.00 feet to an iron pin found for an angle point hereof;
2.) I :20 °35'10•'[7, 791.13 feet to an iron pin found for an angle :;Dint hereof;
3.) ::21 °13'15"::, 411.51 feet tb an iron oin found for an angle point hereof;
4.) ::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
lard conveyed to Perry 0. Mayfield by deed recorded in Volume 258, Page 214 of
said Deed Records, for the northwest corner hereof;
T:__::E departing said east right -of -way line of said Sam Bass Road, along the
south lire of said 511 acre tract, as fenced, for the north line heredf, the
fallowing five courses:
11? t:68 °57•11'•E, 1282.36 feet to an iron pin found for an angle point hereof;
2.) N6S ° 42 . 35•'E, 904.69 feet to an iron pin found for an angle point hereof;
3.) :739 °54'34••E, 1074.77 feet to a nail found for an angle point hereof;
. 4.) 11il °z5•13'E, 535.98 feet to an iron pin tound for an angle point hereof;
5.) :763 °08'E, 1251.92 feet 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.
Nelson, 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
corer hereof;
= CZ along the west line of said 1437.45 acre tract, as fenced, for the east
line hereof, the following two (2) couroost
1.) C20 1602.71 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 hereof;
'i CE along said north right -of -way line of said P.M. 1431, as fenced, for the
suuth line hereof, the following five (5) courses:
1.) along the arc of a curve to the right having elements of delta= 00 °26
radius= 11359.16 feet, arc= 86.24 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 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= O1 °38•,
r:.dius= 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
heceuf;
EXHIBIT "D ", Page 1
-EXHISIZz='
PACE 1 OF 2
Field notes of 316.018 Acres (continued)
PAGE 2 OF 2
4.) 572 °40'W, 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= O1 °19'33",
radius= 7739.44 feet, arc= 179.09 feet, tangent. 89.55 feet, chord and chord
hearing= 179.08 feet, 572 °OO "W to the POINT OF BEGINNING of the herein
described tract of land, containing 316.018 acres (or 13,765,761 square feet)
of 1znd.
. EXHIBIT "D" , Page 2
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 IN 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, 1211.39 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 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 183 -349
2/27/87
Exhibit "E"
3401 RIDDLE ROAD • AUSTIN, TEXAS 78748 • (512) 282 -0170
BRYSON & ASSOCIATES
SURVEYING COMPANY
FIELD NOTES
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE ANASTASHA 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 S 43 °02'44" E, 750.00 feet,
THENCE, with the west line of the herein described tract, the following fourteen (14)
courses and distances, numbered 1 through 14,
1. N 43 °02'44" W, 849.15 feet to an iron pin,
2. N 43 °00'23" W, 991.05 feet to an iron pin,
3. N 39 °13'41" W, 66,49 feet to an iron pin,
4. N 23 °29'11" W, 163.83 feet to an iron pin,
5. N 16 °58 "23" W, 711.23 feet to art iron pin,
6. N 23 °32'48" W, 23.79 feet to an iron pin,
7. N 31 °02'03" W, 333.05 feet to an iron pin,
8. N 25 °29'27" W, 1250.51 feet to an iron pin for an ell corner,
9. N 72 °16'12" E, 353.46 feet to an iron pin for an ell corner,
10. N 20 °46'37" W, 94.88 feet to an iron pin for an ell corner,
11. N 72 °11'58" E, 1368.58 feet to an iron pin for an ell corner,
12. N 17 °34'24" W, 584.46 feet to an iron pin,
13. N 16 °38'37" W, 303.17 feet to an iron pin,
14. N 17 °52'06" W, 1951.45 feet to an iron pin for the northwest corner of the
herein described tract,
THENCE, with the north line of the herein described tract, the
(22) courses and distances, numbered 1 through 22,
1.
2.
3,
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
N 74 °59'12"
N 72 °43'36"
N 71 °54'33"
N 87 °15'22"
N 83 °02'15"
N 69 °31'53"
N 62 °31'05"
N 66 °06'12"
N 68 °47'41"
S 23 °13'10"
S 18 °32'28"
S 09 °24'18"
S 15 °40'08"
S 10 °06'48"
E, 334.60 feet to an iron pin,
E, 636.00 feet to an iron pin,
E, 374.42 feet to an iron pin,
E, 46.95 feet to a nail set,
E, 90.53 feet to an iron pin,
E, 97.06 feet to an iron pin,
E, 161.02 feet to an iron pin,
E, 133.45 feet to an iron pin,
E, 8.54 feet to an iron pin for an
E, 67.71 feet to an iron pin,
E, 298.10 feet to an iron pin,
E, 75.11 feet to an iron pin,
E, 101.10 feet to an iron pin,
E, 139.17 feet to an iron pin,
ell corner,
following twenty - two
Exhibit "E - 1"
Page 1.
3401 RIDDLE ROAD • AUSTIN, TEXAS 78748 • (512) 282 -0170
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 °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 0 45'46" E, 20.16 feet to an iron pin for the northeast corner of the herein
described tract,
TIIENCE, 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 6c Associates Surveying Company
3401 Slaughter Lane West
Austin, Texas 78748
EC /ccs
Job 883 -349
2/27/87
Exhibit "E -1"
Page 2.
DATE:
TO: Jim Hislop d /b /a Riata Management and /or the City of Round Rock,
Texas ( "Payee ")
Gentlemen:
(letterhead of issuing bank)
IRREVOCABLE LETTER OF CREDIT
NO.
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.
ATTEST:
wrrex -F
EXHIBIT "F"
By:
Its
05211. *111107 2129. 1104000010 ... it IIIET 8011E
E6TI27E0 20 9.1.6
900 111001 777-132-60. 352-093-05
11 WEI 91.68141 12.
121 77001 1 6 1911
1910000 5011177 M197N. 7877
0F931P70071 0181 LF. 1110. 011000.
LINE
O .
L Q WIEo 101E 6 340618 1911.00 009.40 424079.8
105. 62' 9170105 19,512.03 5200.00 1118.03 1546,030.00
106 42' 870149 19,512.00 4700.00 911500 293,50100
10. 24 7.530.00 1308.03 060.00 11140,000.00
107, 20' 107E9219 7,53000 1000.00 20.03 20,
178 24'87E1115 5,327.8 1338.33 163.00 471000.00
109. 70' 8710 211E 11,955.63 2000.00 0300 0150,80.00
110. 30' 81E1 219: 11,39163 4300.00 0732 172,530.00
111. 30' 87E1 WE 11,009.61 4500.03 075.00 1337,500.00
112 33' 8114110E 10,32.00 2700.6 415.00 0234500.00
2
171. 24' WIE0 789 7,411.00 250.8 1156 5 0. 000
72. 5' 8904111E 7,218 566.8 033.8 253,88.00
72. 16' INTER 1111 / 4647.2 4666 21.00 27.5416
117. 16. 270 119 3,477.6 11039.0 20.00 240800
0
79. 16 27E0 11 3,1766 66 41
0.0.00 1212,,06.6
111 8
16 11 171.3.00 29.6 1!2,0.6
110. 16' 9/0/0 5010 118 5 6 110
1 300200 1514.0 6 29. 174,147
191 16 811 114:1 322.00 1514.00 216 1 10600 0600
8111
7/. 16. mile 114 415600 2566.6 20.6 916,000.8
101. 16' 2720 119 1 2,116.00 1932.6 MCC 131, 372.8
3 6' W1EA 115 0 2 905.6 0106 170,120.6
73. 1 6 . INTER 171E 0 32.8 126.00 112.00 140.00 1
3 1 INTER 1.110 513. 4700.00 20.6 1141,000.00
502 " ^ 8 1E1 U4 573 6 03
00 2500.3.00 4151,000.00
504. . W76A 0 03 5+766 2910.6 091.6. 017460.6
1.561007X 1110. L0. 41,160,200.00
1.76 F.B. 297(5
0010 4.0011110E 176167000110
00114041 0097
.
0911®04479 952
0 1602019I10
'17111 OK M01
99010.
016790014 MO 1121
CITY IIFOECTIOT FEE 451
09171009.01 FEE 1721
689.37 00109201 FIE 130
1E69 F® 1112681
4721410.8
01101 J.V. -
11110110111J.V.
01 J.V. 8.1
1/1 Ipl 6109119 9 040070 391
6250.00
650.0
0.00
0.03
0.00
143.6
5913.00
522.00
7201.00
5206.8
5204.00
5201.00
22916
229 100
2911.00
2911.00
0.6
0.00
0.00
0.6
0.00
0.00
1046.00
12600
1500.00
17.11 091,169.0
31.95 1114,213.20
31.920 0157,52.20
0.001 00.00
0.00 M00
51.031 076, 500
49.070 9151,250.75
47.220 6159,57625
50.15 012,500.20
52.75 479,20.8
70.200 610,36.8
75.45 23,21119
02.170 035,207.20
65.00 121,1116
0.001 1103
91.451 166319.96
94.450 070,061.61
0.001 00.6
0.02 *0.8
0.001 90.6
0,84 4000
00 nm
00.204 311330.8
4 2 124
11,10,547.76
036,39.8
95,74 410.00 11,931, 07.76
7,061.00
7,061.00
3,06100
0.00
0.00
34668
7,064.00
3,02.00
],84.00
2,51.6
2,209.6
1,19600
1,354.6
1,113.00
171.00
171.00
171.6
342.00
0.00
0.00
5
0.00
0.8
3,064.00
2541117
FEN 0101 001
WE 1p1 0005.70 1 P11=0 391
C117 6 11111 0009
101E011FD1
110E 1.8 000109.70 1 100110 10031
139.61 172,15121
175 9495,09176 004.01 09,24.11000
172,1 195,
0x 119670 0.. 9.67 172,153.21
f111 0
�734.00 42 437, 13
,62.57 440 0243111 ..4 113,9 W 8.
114,000.6 13,000.6 2106.6
109171710816 999E IF 4917814 MUM 005 0.0616E
1011CI440 115 Ipl 010118
9 7.0. .1..l. 680.00 8.311 0911,703.15 00 1191,71141
FIRM MIFF 302.8 1778 404224.971
L*N 180.00 0.54 10.8 11.8 (422,1e3. 171
1011E 121901
19510E
IH Ip1 0010710 0 010070 CJ76T
1700 $46,716.72 19, 719.00 54.161 9200,060.16
15.690 065,419.00 3,22.03 16.710 191,276.60
05.690 177,22.75 3,272.00 16.7171 112,2614
0.400 00.00 730.00 7.044 01467400
0.41 40.6 53100 7.00 2,224.80
0.02 00.00 5330.00 9.994 17,161.00
26 106,660. 0000 4, 9 00,560.15
27.336 193,92615 2,116.00 19.25 161,661.70
29.510 061,722.35 411600 6.310 26,492.91
27.20 171 760.8 41168 21.21 632,16.8
29.81 24,76.00 0.00 0.02 2.6
21.50 2,31161 0.00 0.00 2.00
37.131 009,79110 0.00 0.001 00.6
34.60 011669.60 0.6 0.000 00.00
100.60 612,808 0.00 0.00 2.6
5.50 2,691.2 0.8 0.02 00.4
5.751 14,117.2 0.6 164 90.00
13.911 113,910.6 41166 66094 24090.6
0.02 00.6 41166 100.001 *00,072.91
0.001 016 2,11600 100.001 034,390.6
08.02 /99,120.6 0.00 0.009 86
0.60 10.00 6300 10100 012,600. 00
16.00 1141,0018 0.00 0.001 00.00
0.00 00.6 570.6 6.110 99,270.8
0.61 40.6 90.00 19.200 364700.6
35.301 212,3766 4116.00 5.300 1264,107.16
11 36417526 11 21,2
666 ,090.00 2 1666; 16.1 0 8 9 7 0. 390
12,172.8 1164,672.001.
110,39.61
132160.8 1132, 16.61.
2 2,49430 1142,194301.
112,000.8 012,66.001.
0281,38.70 0721,52.06 0312,91652 1715,175.67
L 1 N 1.011 mD.
IEE 1•01 1001170 1 001170 10*0
1,400.00 3.101 120,511.97
1,400.00 7.159 119,039.00
1,400.00 7.00 135,205.25
1,400.00 00.594 113,162.00
1,100.8 40.991 011,151.00
1,400.00 26.211 820,49
0.00 0.006 00.6
0.00 0.001 3.40, 0.001 10.00
0.00 0.80 10.00
10.00
0.00 0.000
00 90.00
0.8 0.86 1403.8
0.00 0.085 4100
0.00 0.001 0.8 0.004 40.8
0.00 0.02 10.00
0.00 0.000 00.6
0.8 0.00 00.00
0.6 0.08 00.6
8 0.00 0.02 60.6
0.00 0.001 00.6
• 0.8 0.001 40.00
0.6 0.02 10.6
1,400.00 16.321 121,100.6
1,400 5 4124
• .6 0.070 90.00
131295.2
131,29.90
06,73644 08
031,295.5
110,107.66 02
0,0036
!,680.00
5.600.00
5,601 CO
5,600.00
3.397.00
0.00
0.8
0.00
D8
0.8
0.00
0.00
0.6
0.6
0.6
0.00
0.00
0.6
0.00
0.6
0.6
0.8
5,60100
0.8
11SM 191,78.07
28.609 1156,15600
7 11
76.370 24,6226
63.771 29,76600
0.031 40.00
0.006 00.00
6.004 00.00
0.330 00.8
0.81 10.8
0.001 2.00
0.001 00.00
0.61 10.00
0.02 00.6
0.02 40.00
0.81 00.8
0.81 90.00
0.009 10.6
0.003 10.6
0.004 10.00
0.02 00.6
0.61 8.00
0.02 60.6
15316 091,900.6
0.00 10.00
0.02 40.00
11(0,175.17
670,517.57
0.015,141.2 441 0. 511.57
22,710.21 84
113,60.6
10016. 07,073,808 1200,06626 00,52 116! 066421.75 7895,39272 1111,054.6
001160E9170 70 0021 Imes 0011 4174 0..21
691 1526,019.0
00111 1 1030.9 15,67.90 1631,2966
7001 4631,291.0 1257,0095
M8 lab
10.00 60.00
81, 02317 00
MIDI 2600.2 71.01
10.00 10.00 116421.251 04.00 24501.26
1614.6 100.006 1010.4011000114056121000E 194711.4 40,424.97 11257.151951 622,12107 2441.2E
7010. *4 191700 90011[11081 397 42402.4111 62542311 00.00 1417.01659 0375,54.06
. HMI 9397 PROS 102
2 275.210 4076 1001
O t 40 0551118105 f9661 CC676 CF 6 5P8hC79 19. 70 10-1-00