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R-93-01-14-9D - 1/14/1993GCreekbend CREEKBEND BOULEVARD EXTENSION CONSTRUCTION AGREEMENT R-93-0/-14-9.0 This Creekbend Boulevard Extension Construction Agreement (hereinafter "Agreement ") is made and entered into this 14+1, day of January, 1993, by and between the City of Round Rock, Texas ( "City "), Centex Real Estate Corporation, a Nevada Corporation (dba Centex Homes /Fox & Jacobs) ( "Fox ") and HF2M, Inc., a Texas corporation ( "HF2M "). Fox and HF2M are collectively referred to herein as "Landowners." Recitals Whereas, HF2M owns 21.198 acres of land as described in Exhibit "A" and Fox owns 62.884 acres of land as described in Exhibit "B ", both tracts collectively referred to herein as "Property," and Whereas, in order for the Landowners to develop the Property, it will be necessary for Creekbend Boulevard to be constructed and extended across the Property from its present northerly termination to FM 3406, such construction to consist of curbs, gutters, pavement and medians as well as a median in the existing section of Creekbend Blvd. ( "Improvements "), more particularly described in Exhibit "C ", and Whereas, the engineering firm of Fisher, Hagood & Hejl have estimated the cost of constructing the Improvements, including engineering, inspection and contingencies to be $273,212, and Whereas, the City has set aside $120,000.00 to be applied towards the construction of the Improvements, and Whereas, in order to construct the Improvements on a timely basis, as well as to take advantage of the economic benefits to be enjoyed from sharing the construction costs, Landowners wish to jointly share with the City in the cost of constructing the Improve- ments, Now Therefore, It Is Agreed As Follows: I. As stated above, the total estimated cost of the Improvements is $273,212. Fox agrees that it shall be responsible for paying one half (}) the actual cost of engineering and constructing the Improvements less the cost of the twelve foot (12') median. City agrees to contribute a total of $120,000.00 for engineering and construction of the twelve foot (12') median and the remainder to be applied towards the HF2M contribution of the Improvements. HF2M agrees that it shall be responsible for paying one half (I) the actual cost of engineering and constructing the Improvements less the cost of the twelve foot (12') median and the remainder of City's contribution. II. The estimated cost for the Landowners is as follows: Fox - $98,285; HF2M - $54,927. Upon execution of this Agreement, Landowners shall deposit with the City's Finance Director cash or cash equivalent in an amount equal to ten percent (10 %) of the Landowner's estimated costs. The City, upon receipt of satisfactory design plans and specifications, shall cause the project be bid in accordance with normal City procedures. 2. Upon opening bids the City staff shall determine its recom- mendation as to the lowest and best responsible bid, and shall notify the Landowners in writing of their respective share of the total cost. Within ten (10) days of such notification, Landowners agree to deposit their respective share of the total bid price with the Director of Finance in cash or cash equivalent. In the event that a change order is approved which increases the total cost, the City shall notify each Landowner in writing of its pro rata share of the increased cost, and each Landowner shall deposit with the Director of Finance in cash or cash equivalent its share of the increased costs within ten (10) days of such notification. In the event there are cost savings during the term of the construction, upon completion and final acceptance of the Improvements by the City Council, any remaining cash funds held by the Finance Director shall be refunded to the Landowners pro rata in accordance with their contribution to the project as outlined in paragraph I. III. The City agrees that all funds received by the City pursuant to the Terms of this Agreement shall be held in a separate interest bearing account and shall not be spent for any purpose other than for costs directly associated with the engineering and construction of the Improvements contemplated herein. The account shall be administered by the City Finance Director in accordance with his standard practices regarding City funds so as to obtain the maximum practical level of interest consistent with other City deposits. 3. IV. Landowners agree to grant to the City at no cost any and all reasonably required easements for the construction and maintenance of the Improvements. v. City agrees upon receipt of the above described sums from Landowners to: (a) award the contract for construction of the Improvements in compliance with the requirements of state law, (b) enter into a contract with the successful bidder or bidders for the construction of the Improvements, (c) 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 (d) proceed with due diligence and to use its best efforts to accomplish in a timely manner all of the foregoing. VI. Landowners agree that the Improvements shall be and remain the sole property of the City and Landowners shall have no ownership interest whatsoever in the Improvements, whether during construction or upon final completion. VII. A. 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. 4. Should any litigation be commenced between the parties hereto concerning this Agreement, the party prevailing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal repre- sentatives, successors and assigns where permitted by this Agreement. D. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. F. This Agreement is executed in multiple originals on the dates indicated beside each signature and shall be effective as of the date executed by the Mayor of Round Rock. 5. CITY OF ROUND ROCK By: Mike Robinson, Mayor Date: I L� 1993 ATTEST: Joann e /� Date: /�, if. AL1L ' and, City Secretary 6. CENTEX REAL ESTATE CORPORA ION By: Date: Division President Vice President Date: l / t � / 4 3 FIELD NOTES FOR A 21.198 ACRE TRACT OF LAND SITUATED IN TIIE DAViD CURRY SURVEY, ABSTRACT N0. 130 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESIGNATED "THIRD TRACT° ANO CONVEYED TO ,EDGAR E. HOPPE BY INSTRUMENT RECORDED IN VOLUME 1241, PAGE 704 Of TIIE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 21.198 ACRE TRACT OF LAND BEING ALSO ALL OF TIIE LAND CONVEYED TO EDGAR E. 110PPE BY INSTRUMENT RECORDED IN VOLUME. 2045, PAGE 371 OF SAID' OFFICIAL RECORDS AND DESIGNATED AS "TRACT 1 AND TRACT 1I ", SAID 21.190 ACRE TRACT OF LAND BEING ALSO A PORTION OF A 75.00 ACRE TRACT OF LAND CONVEYED TO EDGAR E. IIOPPE, SR. BY INSTRUMENT RECORDED IN VOLUME 1753, PAGE 320 OF SAID OFFICIAL RECORDS, SAID 21.198 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on a point in the south right-of- . way line of F.M. 3406, being the northeast corner of the above referenced Tract I, the northwest corner•of a remnant portion of a 12.064 acre tract of land conveyed to HF2M, Inc. by instrument recorded in Volume 1944, Page 271 of said Official Records, said point being the northeast corner and POINT OF 000109108 hereof, and from which, a Texas Department of Transportation disc in concrete at 60.00 feet right of Centerline Station 443 +46.21 bears N71 ° 02'29 "E a,distance of 17.80 feet; southeast boundary line Tract r 1, same being west ll boundary a line a of Lot 1 through Lot 8, Block B of said "Plantation Section One", the following courses and distances numbered 1 through 5: 1. S16 ° 49'20 "E at a distance of 120.00 feet pass an iron rod found on the common west corner of Lot 1 and Lot 2 of said Block 0, continue for a total distance of 190.43 feet to an iron rod found on an angle point in the east boundary Tine of said Tract I, same being the common west corner of Lot 2 and Lot 3 of said Block 0; 2. S01 ° 45'20 "W for a distance of 82.35 feet to an iron rod found on an angle point in the east boundary line of said Tract I, same being the common west corner of Lot 3 and Lot '4.00 said Block 8; 3. 5 19 ° 53'28 "W for a distance of 70.00 feet to an iron rod found on an angle point in the east boundary line of said Tract 1, same being the common west corner of Lot 4 and Lot 5 of said Block 8; 4. 536 ° 59'57 "W for a distance of 70.00 feet to an iron rod found on an angle point in the southeast boundary line of said Tract 1, same being the common north corner of Lot 5 and Lot 6 of said Block 0; 5. S54 ° 06'25 "W for a distance of 70.00 feet to an iron rod found on an angle point in the southeast boundary line of said Tract 1, same being the common north corner of Lot 6 and Lot 7 of said Block 0; THENCE same being the north nboundary with southeast of Lot 7 said Block S70 ° Oo'eo r l c a distance of 70.00 feet pass an iron rod fount on a point being the cannon north corner of Lot 7 and Lot 8 of said Block 0, continue at a distance of 70.59 feet pass the most southerly corner of said Tract 1, same being the northeast corner of a 0.3173 'acre tract of land conveyed to IIF2M, Inc. by instrument recorded in Volume 2045 Page 365 of said Official Records, continue on said course with the north boundary line of said 0.3173 acre tract of land for a total distance of 120.00 feet to an iron rod found on the northwest corner of said 0.3173 acre tract of land, same being the northwest corner of Lot 8 of said Block 0; Exhibit "A" Page 1 ''P3e2 west with west boundary line tract of said Lot 0, same land, S20 ° 07'57 "W being or distance of 230.47 feet to an iron rod fount on the southwest corner of said 0.3173 acre tract of land, same being the s corner of proposed Plantation Drive (to be dedicated with "Plantation Section One" subdivision plat); THENCE with the south right -of -way line of proposed Plantation Drive, same being with the arc of the curving south boundary line of said 0.3173 acre tract of land, to the left, having a radius of 465.00 feet, an Interior angle of 12 ° 19'10 ", at an arc length of 03.46 feel pass the southeast corner of said 0.3173 acre tract of land, same being the northwest corner of Tract 11 of the above referenced conveyance to Edgar E. Hoppe per Volume 2045 Page 371, continue with said curve' for a total arc length of 100.00 feet and a total chord length which bears 504 ° 35'22 "E for a distance of 99.01 feet Lo an iron rod found on the northeast corner of said Tract 11, same being the northwest corner of Lot 13, Block A, of said "Plantation Section One "; Plantation Driive, 1n part the south of statid ne of Tract proposed 1, Same being the west boundary line of said Lot 13, same being in part with the west 365S boundary ° of 23'17 " E Tract at a distance conveyance 43.03 feet pass the per outh corner 2045 Pae said Tract 11, same being the north corner of said Tract IV, continue for a total distance of 199.63 feet to an iron rod found on the south boundary line of the previously mentioned "Third Tract`, as conveyed to Edgar E. Hoppe by instrument recorded in Volume 1241 Page 704 of said Official Records, same according north boundary to the map or line of "The Woods Section patthereof recordedin Plat Cab subdivision Cabinet 1 Slide239and 240 of the Plat Records of Williamson County, Texas, said point being also the southwest corner of the herein referenced Tract 1V for the southeast corner hereof; One", same beingCthetsouth the north boundary of said "Third the following courses and distances numbered 1 through 3: I. 570 ° 44'40 "W for a distance of 275.44 Feet to an iron rod found; 2. 570 ° 44'31 "W For a distance of 603.66 feet to a GO 0 nail found in a tree; 3. S70 ° 14'16 "W for a distance of 167.30 feet to an iron rod . found on a point being the northeast corner of existing public right -of -way known as Creek Bend Blvd., said point being the southwest corner of the herein described tract of land; THENCE departing the north boundary line of said The Woods Section One ", same being the south boundary line of said "Third Tract ", with the east right -of -way line of the proposed extension of Creek Bend Blvd., the following courses numbered 1 through 5; 1. With the arc of a curve to the left, having a radius of 770.33 of 157.68 feet, and interior chord h °46'22 "E for t o distance of 157.40 feet to an iron rod found on a point of tangency; 2. 606 ° 52'26 "E for a distance of 692.07 feet t0 an iron rod found on an angle point in the west boundary line hereof; 3. 1 ° 49'45 "E for a distance of 150.47 feet to an iron rod found on an angle point in the west boundary line Hereof; 4. 1107 ° 45'09 "E for a distance of 144.40 feet to an iron rod found on a point of curvature; Exhibit "A" Page 2 .wage 3 5. With the arc of a curve to the right, having a radius of 25.00 feet, an interior angle of 09 44'20 ",an arc length of 39.16 feet and a chord which bears 651 ° 50'32 "E for a distance of 35.27 feet Lo an iron'rod found on a point of tangency hereof, same being a point in the south right -of- way line of F.M. 3406, and the north boundary line of said "Third-Tract" of land; THENCE with the south right -of -way line of f.M. 3406, sa being the north boundary line of said "Third Tract" and the north boundary line of the herein tract of land, 583 ° 07'47 "E for a distance of 100.52 feet to a Texas Department of Transportation disc in concrete found on a point of curvature in said right -of -way, being 60.00 feet right of Centerline Station 434 +78.43; THENCE continuing with said right -of -way line with the arc of a curve to the left, having a radius of 1969.06 feet, an interior angle of 25 an arc 'length of 077.60 feet and a chord which bears N04 ° 03'52 "E for a 'distance of 070.43 feet to the POINT OF BEGINNING hereof and containing 21.19D acres of land. Surveyed unc the direct supervision of the undersigned: Cecil i C sir m ate / 2_ 2 Registers rofessional Land Surveyor No. 4295 CJC:ek Job No. 405- 001 -21 Date: 02 -26 -92 Exhibit "A" Page 3 BEGINNING at an iron pipe found on a point in the northeasterly right -of -way line of Sam Bass Road (variable right -of -way width), said point being the west corner of a 6 -acre tract of land as conveyed to Austin Woods Associates by instrument recorded in Volume 1981 Page 150 of said Official Records, being also the most southerly corner of the above - referenced "Third Tract ", and the POINT OF BEGINNING hereof; THENCE with the northeasterly right -of -way line of Sam Bass Road, same being the southwesterly boundary line of said "Third Tract °, being also the southwesterly boundary line of said 75.000 -acre tract of land the following courses and distances numbered 1 through 4: 1. N75 °27'49 "W for a distance of 640.14 feet to an iron rod found on an angle point; 2. N51 ° 55'144 for a distance of 641.59 feet to an iron found on an angle point; 3. 938 ° 18'59 "W for a distance of 285.61 feet to an iron rod found an an angle point; 4. N59 ° 54'51 "W for a distance of 169.84 feet to a right -of -way monument found an an angle point; THENCE departing the northeasterly right -of -way line of Sam Bass Road, same being the southwesterly boundary line of said "Third Tract" of land, with the right -of -way line of F.M. 3406, same being the west boundary line of said 75.000 -acre survey, NO3 °51'40 "W for a distance of 73.97 feet to a right -of -way monument found on an angle point in the south right -of -way line of F.M. 3406, being 60.00 feet right of engineer's station 405+00, same being the northwest corner of said 75.000 -acre tract of land for the northwest corner of the herein- described tract of land; THENCE continuing withrthe south right -of -way line of F.M. 3406, same being the north boundary line of said 75.000 -acre tract of land, being also through the interior of said "Third Tract" of land, with the arc of a curve to the left, having a radius of 1492.39 feet, an interior angle of 15 11'50 ", an arc length of 395.84 feet and a chord which bears 678 ° 18'10 "E for a distance of 394.68 feet to a right -of -way monument found on a point of tangency in the north boundary line of the herein - described tract of land, being 60.00 feet right of engineer's station 408 +80.00; THENCE continuing with the south right -of -way line of F.M. 3406, same being the north boundary line of said 75.000 -acre tract of land, 970 ° 41'56 "E for a distance of 1385.33 feet to a right -of -way monument found on a point of curvature at 60.00 feet right of engineer's station 422 +65.31; THENCE continuing with the south right -of -way line of F.M. 3406, with the arc of a curve to the right, having a radius of 1849.86 feet, an interior angle of 26 ° 08'21 ", an arc length of 843.93 feet and a chord which bears N83 ° 48'32 "E for a distance of 836.63 feet to a right -of -way monument found of a point of tangency at 60.00 feet right of engineer's station 431 +36.98; Exhibit "B" Page 1 FIELD NOTES FOR A 62.884 -ACRE TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT N0. 130 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 75.000 -ACRE TRACT OF LAND AS CONVEYED TO EDGAR E. HOPPE, SR. BY ASSUMPTION WARRANTY DEED RECORDED IN VOLUME 1753 PAGE 320 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 62.884 -ACRE TRACT OF LAND BEING ALSO A PORTION OF A 172.48 -ACRE TRACT OF LAND DESIGNATED "THIRD TRACT" AND DESCRIBED IN DEED FROM CLAUDE DEDEAR AND WIFE, FLORENCE L. DEDEAR TO ANDREW H. VISCARDI, GEORGE BOSWELL AND EDGAR E. HOPPE AS RECORDED IN VOLUME 429 PAGE 485 OF SAID OFFICIAL RECORDS, SAID 62.884 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 2 THENCE continuing with the south right -of -way line of F.M. 3406, same being the north boundary line of said 75.000 -acre tract of land, S83 ° 06'31 "E for a distance of 166.10 feet to an iron rod set on a point of intersection of the south right -of -way line of F.M. 3406 with the proposed centerline of Creek Bend Boulevard for the northeast corner of the herein - described tract of land; THENCE departing the south right -of -way line of F.M. 3406, with the proposed centerline of Creek Bend Boulevard, same being through the interior of said 75.000 -acre tract of land, S06 ° 52'26 "W for a distance of 1010.09 feet to an iron rod set on a point of curvature of a curve to the right; THENCE continuing through the interior of said 75.000 -acre tract of land, with the arc of said curve to the right, having a radius of 730.33 feet, an interior angle of 14 ° 18'15 ", an arc length of 182.33 feet, and a chord which bears S13 55'40 "W for a distance of 181.86 feet to an iron rod set in the north boundary line of "The Woods Section One ", a subdivision according to the map or plat thereof recorded in Plat Cabinet F Slide 239 & 240 of the Plat Records of Williamson County, Texas, said point being in the south boundary line of said "Third Tract" tract of land, the south boundary line of said 75.000 -acre tract of land, and the north boundary line of existing Creek Bend Boulevard as dedicated by said "The Woods Section One" subdivision plat for the southeast corner hereof; THENCE with the south boundary line of said "Third Tract ", same being the south boundary line of said 75.000 -acre tract of land, being also said north boundary line of existing Creek Bend Boulevard, 571 ° 16'05 "W for a distance of 49.47 feet to an iron rod set on a point being the northwest corner of said existing Creek Bend Boulevard, the northeast corner of said 6 acre remaining portion of the above referenced 87.199 -acre tract of land conveyed to Austin Woods Associates, for an angle point in the south boundary line hereof; THENCE continuing with the south boundary line of said 75.000 -acre tract( the south boundary line of said "Third Tract ", the north boundary line of the 6 -acre remaining portion of the above - referenced 87.199 -acre tract and the south boundary line of the herein described tract of land, S71 ° 02'049W for a distance of 1084.26 feet to the POINT OF BEGINNING hereof and containing 62.884 acres of land. Survey d under the direct supervision of the undersigned: r, 1 C ec>Y Jackson Chisholm Date F Registered Professional Land Surveyor N0. 4295 CJC:ek File: 485 - 003 -20 Date: July 17, 1992 Revised Date: August 12, 1992, August 18, 1992. Exhibit "B" Page 2 EXHIBIT c STATEMENT OF PROBABLE CONSTRUCTION COST FOR CREEKBEND DRIVE EXTENSION I. COST SUMMARY A. Installation of Median into Existing Pavement (Approx. 640 LF) $13,740.00 B. Street Extension (Approx. 1,280 LF) 1. Roughcut, R.O.W. Prep. and Excavation $26,250.00 2. Drainage 44,125.00 3. Curb and Gutter 30,250.00 4. Base and Paving 63,010.00 5. Pavement Marking, Signage Lighting 6,125.00 6. Revegetation 4,000.00 7. Median Surfacing 28,337.00 $215,837.00 Engineering 25,000.00 15% Contingency on Construction 32.375.00 $273,212.00 II. COST BREAKDOWN A. City of Round Rock - Median Only (1,920 LF) = $76,644 Total City Participation = $120,000 Balance of Project = $273,212 - $76,644 = $196,568 B. Fox & Jacobs (1/2 of Balance) = $98,284 C. HF2M, Inc. (1/2 of Balance less City's remaining cost participation) = $54,928 -1- Grz Gej EXISTING PAVEMENT TO BE SAWODT FOR NEW MEDIAN END OF EXISTING ^ t I PAVEMENT CREEK BEND BOULEVARD P . 200' SCALE. 200' PROPOSED CREEK BEND BOULEVARD PROPOSED SAVANNAH ORNE _ \\ t \ I I I 1 - r' � \ �' m PROPOSED CREEK BEND BOULEVARD PAVING PLAN JAN. 8, 1993 Fisher Ha ood & He 'l Inc. \ am ! 0 MI t INek Ursa ERORLL ENG IBM pe u ` i-we xo-xw Grz Gej EXISTING PAVEMENT TO BE SAWODT FOR NEW MEDIAN END OF EXISTING ^ t I PAVEMENT CREEK BEND BOULEVARD P . 200' SCALE. 200' PROPOSED CREEK BEND BOULEVARD PROPOSED SAVANNAH ORNE _ \\ t \ I I I 1 - r' � \ �' m PROPOSED CREEK BEND BOULEVARD PAVING PLAN JAN. 8, 1993 RESOLUTION NO. 1 ' 73 -01 / — 90 WHEREAS, HF2M, Inc. a Texas Corporation ( "HF2M ") owns 21.198 acres of land as described in Exhibit "A" and Centex Real Estate Corporation, a Nevada Corporation (dba Centex Homes /Fox & Jacobs) (herein "Centex ") owns 62.884 acres of land as described in Exhibit "B ", both tracts collectively referred to herein as "Property," WHEREAS, in order for the Landowners to develop the Property, it will be necessary for Creekbend Boulevard to be constructed and extended across the Property from its present northerly termination to FM 3406, such construction to consist of curbs, gutters, pavement and medians as well as a median in the existing section of Creekbend Blvd. ( "Improvements "), more particularly described in Exhibit "C ", and WHEREAS, the engineering firm of Fisher, Hagood & Hejl has estimated the cost of constructing the Improvements, including engineering, inspection and contingencies to be $273,212.00, and WHEREAS, the City has set aside $120,000.00 to be applied towards the construction of the Improvements, and WHEREAS, in order to construct the Improvements on a timely basis, as well as to take advantage of the economic benefits to be enjoyed from sharing the construction costs, Landowners wish to jointly share with the City in the cost of constructing the Improvement, and WHEREAS,A Creekbend Boulevard Extension Construction Agreement ( "Agreement ") has been prepared providing for HF2M, Centex, and the City to share in the costs of constructing the extension of Creekbend Boulevard, Now Therefore, RS01143D BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed on behalf of the City to execute an Agreement with HF2M and Centex to share in the costs of constructing the extension of Creekbend Boulevard, a copy of said Agreement is attached hereto as Exhibit "0". RESOLVED this 14th day of January, 1993. ATTEST: JO,4 N E LAND, City Secretary 2. MIKE ROBINSON, Mayor City of Round Rock, Texas ' FIELD NOTES FOR A 21.190 ACRE TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT N0. 130 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESIGNATED "THIRD TRACT" AND CONVEYED TO EDGAR E. IIOPPE BY INSTRUMENT RECORDED IN VOLUME 1241, PAGE 704 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 21.198 ACRE TRACT OF LAND BEING ALSO ALL OF TIIE LAND CONVEYED TO EDGAR E. IIOPPE BY INSTRUMENT RECORDED IN VOLUME 2045, PAGE 371 OF SAID OFFICIAL RECORDS AND DESIGNATED AS "TRACT 1 AND TRACT II ", SAID 21.190 ACRE TRACT OF LAND BEING ALSO A PORTION OF A 75.00 ACRE TRACT OF LAND CONVEYED TO EDGAR E. HOPPE, SR. BY INSTRUMENT RECORDED IN VOLUME 1753, PAGE 320 OF SAID OFFICIAL RECORDS, SAID 21.190 ACRE TRACT Of LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on a point in the south right-of- . way line of F.M. 3406, being the northeast corner of the above referenced Tract 1, the northwest corner.of a remnant portion of a 12.864 acre tract of land conveyed to 9720, Inc. by instrument recorded in Volume 1944, Page 271 of said Official Records, said point being the northeast corner and POINT Of BEGINNING hereof, and from which, a Texas Department of Transportation disc in concrete at 60.00 feet right of Centerline Station 443446.21 bears N71 ° 02'29 "E a distance of 17.00 feet; THENCE southeast boundary line said s Tract r I, same being l the west l�boundaryalineaoff Lot 1 through Lot 0, Block 0 of said "Plantation Section One ", the fallowing courses and distances numbered 1 through 5: 1. S16 ° 49'20 "E at a distance of 120.00 feel pass an iron rod found on the common west corner of Lot 1 and Lot 2 of said Block 0, continue for a total distance of 190,43 feet to an iron rod found on an angle point in Lhe east boundary Tine of said Tract I, same being the conmon west corner of Lot 2 and Lot 3 of said Block 0; Exhibit "A" Page 1 2. 501 ° 45'20 "W for a distance of 02.35 feet to an iron rod found on an angle point in the east boundary line of said Tract I, same being the conmon west corner of Lot 3 and Lot 4.of said Block 0; 3. 5 19 ° 53'20 "W for a distance of 70.00 feet to an iron rod found on an angle point in the east boundary line of said Tract 1, same being the common west corner of Lot 4 and Lot 5 of said Block 0; 4. S36 ° 59'57 "W for a distance of 70.00 feet to an iron rod found on an angle point in the southeast boundary line of said Tract 1, same being the conmon north corner of Lot 5 and Lot 6 of said Block 0; 5. S ° 06'25 "W for a distance of 70.00 feet to an iron rod found on an angle point in the southeast boundary line of said Tract I, same being the common north corner of Lot 6 and Lot 7 of said Block 0; same being the Enorthnboundary With 1 ethe of Lolsoutheast f said Block II, 578 ° 00'00 "W al 1 a distance of 70.00 feet pass an iron rod found on a point being the common north corner of Lot 7 and Lot 0 of said Block 0, continue at a distance of 70.59 feet pass the most southerly corner of said Tract 1, sane being the northeast corner of a 0.3173 'acre tract of land conveyed to 11F2M, inc. by instrument recorded in Volume 2045 Page 365 of said Official Records, continue an said course 01111 the north boundary line of said 0.3173 acre [ract of land for a total distance of 120.00 feet to an iron rod found on the northwest corner of said 0.3173 acre tract of land, same being the northwest corner of Lot 8 of said Block 0; 'Page 2 west boundar line o said boundary line tract of a land, S20 °07 57'W distance of 238.47 feet to an iron rod found on the southwest corner of sa,d 0.3173 acre tract of land, same being the southwest corner of proposed Plantation Drive (to be dedicated with "Plantation Section One" subdivision plat); THENCE with the south right -of -way line of proposed Plantation Orive, same being with the arc of the curving south boundary line of said 0.3173 acre tract of land, to the left, having radius of 465.00 feet, an Interior angle of 12 ° 19'18 ", at an arc length of 03.46 feet pass the southeast corner of said 0.3173 acre tract of land, same being the northwest corner or Tract II of the above referenced conveyance to Edgar C. Hoppe per Volume 2045 Page 371, continue with said curve' for a total arc length of 100.00 feet and a total chord length which bears SO4 ° 35'22 "E for a distance of 99.81 feet 10 an iron rod found on the northeast corner of said Tract Ii, same being the northwest corner of Lot 13, Block A, of said "Plantation Section One "; THENCE the Plantation Drive, in the east t bounda9y t line a of said Tract proposed 1, same being the west boundary line of said Lot 13, same being in part with the west boundary p f Tract IV of said conveyance to 11728, Inc. per Volume 2045 Page 365, S00 23'17 "E at a distance of 43.03 feet pass the south corner of said Tract 11, same being the north corner of said Tract IV, continue for a total distance of 199.63 feet to an iron rod found on the south boundary line of the previously mentioned "Third Tract ", as conveyed to Edgar E. Hoppe by instrument recorded in Volume 1241 Page 704 of said Official Records, same according boundary to the map or p at i thereof recorded in Plat Cabinet F Slide subdivision 239 and 240 of the Plat Records of Williamson County, Texas, said point being also the southwest corner of the herein referenced Tract 1V for the southeast corner hereof; THENCE with the north boundary line of said "The Woods Section One ", same being the south boundary line of said "Third Tract ", the Following courses and distances numbered 1 through 3: 1. S70 ° 44'40 "W For a distance of 275.44 feet to an iron rod found; 2. 570 "W for a distance of 603.66 feet to a 60 0 nail found in a tree; 3. 570 ° 14'16 "W for a distance of 167.30 feet to an iron rod found on a point being the northeast corner of existing publ,ic'right -of -way known as Creek Bend Blvd., said point being the southwest corner of the herein described tract of • land; THENCE departing the north boundary line of said "The Woods Section One ", same being the south boundary line of said "Third Tract ", with the east right - - way line of the proposed extension of Creek Bend Blvd., the following courses numbered 1 through 5; 1. With the arc of a curve to the left, having a radius of 770.33 feet, an interior angle of 11 ° 43'40 ", an arc length of 157.68 feet, and a chord which bears N12 ° 46'22 "E for a distance of 157.40 feet to an iron rod found on a point of tangency; 2. N06 ° 52'26 "E for a distance of 692.07 feet to an iron rod found on an angle point in the west boundary line hereof; 3. N09 ° 49'45 "E for a distance of 150.47 feet to an iron rod found on an angle point in the west boundary line hereof; 4. N07 ° 45'09 "E for a distance of 144.40 Feet to an iron rod found on a point of curvature; Exhibit "A" Page 2 Page 3 5. With the are of a curve to the right, having a radius of 25.00 feet, an interior angle of 0944'20 ",an arc length of 39.16 feet and a chord which bears N5I °50'32 "E for a distance of 35.27 feet to an iron rod found on a point of tangency hereof, same being a point. in the south right -of- way line of F.M. 3406, and the north boundary line of said "Third Tract" of land; THENCE with the south right -of-way line of f.14. 3406, same being the north boundary line of said "Third Tract" and the north boundary line of the herein tract of land, 503 ° 07'47 "E for a distance of 100.52 feet to a Texas Department of Transportation disc in concrete found on a point of curvature in said right -of -way, being 60.00 feet right of Centerline Station 434 +70.43; curve to theli continuing left, having radius of of 1969 feet' an int angle of 25 ° 31'42 ", an arc 'length of 077.60 feet and a chord which bears 1404 ° 03'52 "E for a 'distance of D70.43 feet to the POINT OF BEGINNING hereof and containing 21.190 acres of land. Surveyed um the direct supervision of the undersigned: C .` 2 - 2 r - q -z--- Cecil Jacks i C sio m ale Registere rofessional land Surveyor No. 4295 CJC:ek Job No. 405 - 001 -21 Date: 02 -26 -92 Exhibit "A" Page 3 BEGINNING right-of-way line of Sam Bass r Road i (variable o right -of right-of-way a said point y being the west corner of a 6 -acre tract of land as conveyed to Austin Woods Associates by instrument recorded in Volume 1981 Page 150 of said Official Records, being also the most southerly corner of the above- referenced "Third Tract ", and the POINT OF BEGINNING hereof; same being the southwesterly boundary line right-of-way t said w "Third ° Tract ", being R also the southwesterly boundary line of said 75.000 -acre tract of land the following courses and distances numbered 1 through 4: 1. N75 ° 27'49 "W for a distance of 640.14 feet to an iron rod found on an angle point; 2. N51 ° 55'14 "W for a distance of 641.59 feet to an iron found on an angle point; 3. 038 ° 18'59 "W for a distance of 285.61 feet to an iron rod found on an angle point; 4. N59 ° 54'51 "W for a distance of 169.84 feet to a right -of -way monument found on an angle point; the Road, same beingE the departin southwesterly boundary northeasterly line h of said "Third ( Tract" a of land, with the right -of -way line of F.M. 3406, same being the west boundary line of said 75.000 -acre survey, NO3 51'40 "W for a distance of 73.97 feet to a right -of -way monument found on an angle point in the south right -of -way line of F.M. 3406, being 60.00 feet right of engineer's station 405 +00, same being the northwest corner of said 75.000 -acre tract of land for the northwest corner of the herein - described tract of land; THENCE continuing with the south right -of -way line of F.M. 3406, same also through the north ghtheinte interior line of said Tract" 75.000 land, with th being curve to the left, having a radius of 1492.39 feet, an interior angle of 15 ° 11'50 ", an arc length of 395.84 feet and a chord which bears N78 ° 18'10 "E for a distance Of 394.68 feet to a right -of -way monument found on a point of tangency in the north boundary line of the herein - described tract of land, being 60.00 feet right of engineer's station 408 +80.00; THENCE continuing with the south right -of -way line of F.M. 3406, same being the north boundary line of said 75.000 -acre tract of land, N70 ° 41'56 "E for a distance of 1385.33 feet to a right -of -way monument found on a point of curvature at 60.00 feet right of engineer's station 422 +65.31; with the arc Hof Ca with the feet 4 0 an interior angle of 26 ° 08'21 ", an arc length of 843.93 feet and a chord which bears N83 ° 48'32 "E for a distance of 836.63 feet to a right -of -way monument found of a point of tangency at 60.00 feet right of engineer's station 431 +36.98; Exhibit "B" Page 1 FIELD NOTES FOR A 62.884 -ACRE TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT N0. 130 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 75.000 -ACRE TRACT OF LAND AS CONVEYED TO EDGAR E. HOPPE, SR. BY ASSUMPTION WARRANTY DEEO RECORDED IN VOLUME 1753 PAGE 320 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 62.884 -ACRE TRACT OF LAND BEING ALSO A PORTION OF A 172.48 -ACRE TRACT OF LAND DESIGNATED "THIRD TRACT° AND DESCRIBED IN DEED FROM CLAUDE DEDEAR AND WIFE, FLORENCE L. DEDEAR TO ANDREW H. VISCARDI, GEORGE BOSWELL AND EDGAR E. HOPPE AS RECORDED IN VOLUME 429 PAGE 485 OF SAID OFFICIAL RECORDS, SAID 62.884 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 2 THENCE continuing with the south right -of -way line of F.M. 3406, same being the north boundary line of said 75.000 -acre tract of land, S83 ° 06'31 "E for a distance of 166.10 feet to an iron rod set On a point of intersection of the south right -of -way line of F.M. 3406 with- the proposed centerline of Creek Bend Boulevard for the northeast corner of the herein - described tract of land; THENCE departing the south right -of -way line of F.M. 3406, with the proposed centerline of Creek Bend Boulevard, same being through the interior of said 75.000 -acre tract of land, 506 ° 52'26 "W for a distance of 1010.09 feet to an iron rod set on a point of curvature of a curve to the right; THENCE continuing through the interior of said 75.000 -acre tract of land, with the arc of said curve to the right, having a radius of 730.33 feet, an interior angle of 14 ° 18'15 ", an arc length of 182.33 feet, and a chord which bears 613'55'40"W for a distance of 181.86 feet to an iron rod set in the north boundary line of "The Woods Section One", a subdivision according to the map or plat thereof recorded in Plat Cabinet F Slide 239 & 240 of the Plat Records of Williamson County, Texas, said point being in the south boundary line of said "Third Tract` tract of land, the south boundary line of said 75.000 - acre tract of land, and the north boundary line of existing Creek Bend Boulevard as dedicated by said "The Woods Section One subdivision plat for the southeast corner hereof; THENCE with the south boundary line of said "Third Tract ", same being the south boundary line of said 75.000 -acre tract of land, being also said north boundary line of existing Creek Bend Boulevard, 571 ° 16'05 "W for a distance of 49.47 feet to an iron rod set on a point being the northwest corner of said existing Creek Bend Boulevard, the northeast corner of said 6 acre remaining portion of the above referenced 87.199 -acre tract of land conveyed to Austin Woods Associates, for an angle point in the south boundary line hereof; THENCE tract; the south6 undary line of l s the south boundary line of aid "Third Tract", the north l boundary line of the 6 -acre remaining portion of the above - referenced 87.199 -acre tract and the south boundary line of the herein - described tract of land, 571 ° 02'04 "W for a distance of 1084.26 feet to the POINT OF BEGINNING hereof and containing 62.884 acres of land. Survey under the direct supervision of the undersigned: OWE 04414416--- Cec>t(Jackson Chisholm Date , '.4' 9s 1 8"19 — Registered Professional Land Surveyor No. 4295 CJC:ek File: 485- 003 -20 Date: July 17, 1992 Revised Date: August 12, 1992, August 18, 1992. Exhibit "B" Page 2 EXHIBIT c STATEMENT OF PROBABLE CONSTRUCTION COST FOR CREEKBEND DRIVE EXTENSION I. COST SUMMARY A. Installation of Median into Existing Pavement (Approx. 640 LF) $13,740.00 B. Street Extension (Approx. 1,280 LF) 1. Roughcut, R.O.W. Prep. and Excavation $26,250.00 2. Drainage 44,125.00 3. Curb and Gutter 30,250.00 4. Base and Paving 63,010.00 5. Pavement Marking, Signage Lighting 6,125.00 6. Revegetation 4,000.00 7. Median Surfacing 28.337.00 $215,837.00 Engineering 25,000.00 15% Contingency on Construction 32,375.00 $273,212.00 II. COST BREAKDOWN A. City of Round Rock - Median Only (1,920 LF) = $76,644 Total City Participation = $120,000 Balance of Project = $273,212 - $76,644 = $196,568 B. Fox & Jacobs (1/2 of Balance) = $98,284 C. HF2M, Inc. (1/2 of Balance less City's remaining cost participation) = $54,928 -1- / wisher Ha ood & fle'1 Inc. \\ CWL DC :+ w,®e 3.k x� me. pU) ui i K YMGA - 200' PROPOSED CREEK BEND BOULEVARD PROPOSED SAVANNAH 0 � -a se U __ L1 _ wo RIPE F t EXISTING PAVEMENT TO 130 SAWCUT LEILT E %ISTIN1 FOR NEW MEDIAN CREEK BEND BOULEVARD ', ! I; ; SCALE. I 200' iK 0D PROPOSED CREEK BEND BOULEVARD PAVING PLAN JAN. 8, 1993 This Creekbend Boulevard Extension Construction Agreement (hereinafter "Agreement ") is made and entered into this day of January, 1993, by and between the City of Round Rock, Texas ( "City "), Centex Real Estate Corporation, a Nevada Corporation (dba Centex Homes /Fox & Jacobs) ( "Fox ") and HF2M, Inc., a Texas corporation ( "HF2M "). Fox and HF2M are collectively referred to herein as "Landowners." GCreekbend EXHIBIT "D" CREEKBEND BOULEVARD EXTENSION CONSTRUCTION AGREEMENT Recitals Whereas, HF2M owns 21.198 acres of land as described in Exhibit NO and Fox owns 62.884 acres of land as described in Exhibit "B ", both tracts collectively referred to herein as "Property," and Whereas, in order for the Landowners to develop the Property, it will be necessary for Creekbend Boulevard to be constructed and extended across the Property from its present northerly termination to FM 3406, such construction to consist of curbs, gutters, pavement and medians as well as a median in the existing section of Creekbend Blvd. ( "Improvements "), more particularly described in Exhibit "C ", and Whereas, the engineering firm of Fisher, Hagood & Hejl have estimated the cost of constructing the Improvements, including engineering, inspection and contingencies to be $273,212, and Whereas, the City has set aside $120,000.00 to be applied towards the construction of the Improvements, and Whereas, in order to construct the Improvements on a timely basis, as well as to take advantage of the economic benefits to be enjoyed from sharing the construction costs, Landowners wish to jointly share with the City in the cost of constructing the Improve- ments, Now Therefore, It Is Agreed As Follows: I. As stated above, the total estimated cost of the Improvements is $273,212. Fox agrees that it shall be responsible for paying one half (I) the actual cost of engineering and constructing the Improvements less the cost of the twelve foot (12') median. City agrees to contribute a total of $120,000.00 for engineering and construction of the twelve foot (12') median and the remainder to be applied towards the HF2M contribution of the Improvements. HF2M agrees that it shall be responsible for paying one half (I) the actual cost of engineering and constructing the Improvements less the cost of the twelve foot (12') median and the remainder of City's contribution. II. The estimated cost for the Landowners is as follows: Fox - $98,285; HF2M - $54,927. Upon execution of this Agreement, Landowners shall deposit with the City's Finance Director cash or cash equivalent in an amount equal to ten percent (10 %) of the Landowner's estimated costs. The City, upon receipt of satisfactory design plans and specifications, shall cause the project to be bid in accordance with normal City procedures. 2. Upon opening bids the City staff'shall determine its recom- mendation as to the lowest and best responsible bid, and shall notify the Landowners in writing of their respective share of the total cost. Within ten (10) days of such notification, Landowners agree to deposit their respective share of the total bid price with the Director of Finance in cash or cash equivalent. In the event that a change order is approved which increases the total cost, the City shall notify each Landowner in writing of its pro rata share of the increased cost, and each Landowner shall deposit with the Director of Finance in cash or cash equivalent its share of the increased costs within ten (10) days of such notification. In the event there are cost savings during the term of the construction, upon completion and final acceptance of the Improvements by the City Council, any remaining cash funds held by the Finance Director shall be refunded to the Landowners pro rata in accordance with their contribution to the project as outlined in paragraph I. III. The City agrees that all funds received by the City pursuant to the Terms of this Agreement shall be held in a separate interest bearing account and shall not be spent for any purpose other than for costs directly associated with the engineering and construction of the Improvements contemplated herein. The account shall be administered by the City Finance Director in accordance with his standard practices regarding City funds so as to obtain the maximum practical level of interest consistent with other City deposits. 3. IV. Landowners agree to grant to the .City at no cost any and all reasonably required easements for the construction and maintenance of the Improvements. v. City agrees upon receipt of the above described sums from Landowners to: (a) award the contract for construction of the Improvements in compliance with the requirements of state law, (b) enter into a contract with the successful bidder or bidders for the construction of the Improvements, (c) 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 (d) proceed with due diligence and to use its best efforts to accomplish in a timely manner all of the foregoing. VI. Landowners agree that the Improvements shall be and remain the sole property of the City and Landowners shall have no ownership interest whatsoever in the Improvements, whether during construction or upon final completion. VII. A. 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. 4 . B. Should any litigation be commenced between the parties hereto concerning this Agreement, the party prevailing in such litigation shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and costs. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal repre- sentatives, successors and assigns where permitted by this Agreement. . D. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. E. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. F. This Agreement is executed in multiple originals on the dates indicated beside each signature and shall be effective as of the date executed by the Mayor of Round Rock. 5. CITY OF ROUND ROCK By: Date: Mike Robinson, Mayor ATTEST: Joanne Land, City Secretary Date: 6. CENTEX REAL ESTATE CORPORATION By: Date: HF2M, Inc. By: Date: Division President Vice President DATE: January 12, 1993 SUBJECT: City Council Meeting, January 14, 1993 ITEM: 9D. Consider a resolution authorizing the Mayor to enter into an agreement for the extension of Creekbend Boulevard. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Round Rock Council set aside $120,000 to facilitate the construction of Creekbend Blvd. from Sam Bass Road to 3406. This agreement sets out the responsibilities to the three parties, HF2M, Fox and Jacobs, and the City of Round Rock. This project will be bid and constructed as a City project.