R-93-01-28-13C - 1/28/1993WHEREAS, Panoramic Land, Inc. (formerly known as Lomas Land,
Inc., formerly known as L & N Land Corp.) a Texas corporation,
( "Assignor ") is the owner of the property located within the
boundaries of the Williamson County Municipal Utility District No. 9
( "MUD #9 "), and
WHEREAS, Assignor has entered into various agreements with the
City of Round Rock ( "City ") respecting the development of MUD #9, and
WHEREAS, Assignor proposes to sell MUD #9 to Vista Development
Associates, L. P., a Texas limited partnership ( "Assignee "), and
WHEREAS, Assignor wishes to assign its rights, title and
interest in said agreements to Assignee, and
WHEREAS, Assignor and Assignee have requested the City to
acknowledge its consent to the assignment, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an acknowledgment and consent to the assignment
from Assignor to Assignee.
RESOLVED this 28th day of January, 1993.
ATTEST:
JOB NE LAND, City Secretary
RS01283C
RESOLUTION NO. £- 93-0 / - ag /3C
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ASSIGNMENT OF CONTRACTS
THIS ASSIGNMENT OF CONTRACTS ( "Assignment ") is made by and
between PANORAMIC LAND, INC. (formerly known as LOMAS LAND, INC.
f /k /a L & N LAND CORP.), a Texas corporation ( "Assignor "), and
VISTA DEVELOPMENT ASSOCIATES, L.P. a Texas limited partnership
( "Assignee ").
RECITAL S:
A. By a special warranty deed of even date herewith,
Assignor has transferred and conveyed to Assignee the real property
located in Williamson County, Texas, described on Exhibit "A"
attached hereto, together with the improvements and personal
property located thereon or used in connection therewith
( "Project "); and
B. In connection with the conveyance of the Project,
Assignor and Assignee have agreed that Assignor would assign to
Assignee all rights, title, and interest of Assignor in and to all
contracts, agreements, permits, and licenses pertaining to or
affecting the Project, including, without limitation, those
described on Exhibit "B" attached hereto ( "Contracts ").
NOW, THEREFORE, for and in consideration of the premises, and
other good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged, Assignor and Assignee
hereby covenant and agree as follows:
1. Assignor does hereby GRANT, BARGAIN, SELL, CONVEY,
ASSIGN, TRANSFER, SET OVER, and DELIVER unto Assignee, its
successors and assigns, all of the rights, title, and interest of
Assignor in and to the Contracts.
2. Assignee shall and. does hereby assume and agree to
observe and perform all obligations and duties of Assignor under
the Contracts.
3. This Assignment shall be binding on the parties hereto
and their respective successors and assigns.
24960:110692 -1-
IN WITNESS WHEREOF, the parties have executed this Assignment
as of the 6F day of November, 1992.
24960:110692 -
ASSIGNOR:
PANORAMIC LAND, INC.
a Texas corporation
By:
Name: "FA
Title: F_ =c -_t d & �/,�1 r- :: - -f'
ASSIGNEE:
VISTA DEVELOPMENT ASSOCIATES L.P.
a Texas limited partnership
By: RIDGEHAVE •.RPORATION
its gen partner
By:
Name:
Title:
tat
EXECUTED this day of , 199 , to
evidence the express agreement and consent of Williamson County
Municipal Utility District No. 9 to the aforesaid Assignment (the
"Assignment of Contracts" dated November 6, 1992) by Assignor to
Assignee of the Agreement for the Construction and Purchase of
Utility Facilities between L &N Land Corp. (currently Panoramic
Land, Inc.) and Williamson County Municipal Utility District No. 9
dated as of November 24, 1987, and to evidence the express
agreement, consent, and acknowledgment of the assignment of any
other agreements or contracts assigned in the Assignment.
WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 9
By:
By:
By:
By:
By:
Tommy Cowan, President
Board of Directors
John Kuykendall, Vice President
Board of Directors
Keith E. Young, Secretary
Board of Directors
Michael L. Gillette, Assistant
Secretary, Board of Directors
J. P. Kirksey, Assistant
Secretary, Board of Directors
-3-
EXECUTED this day of January, 1993, to evidence the
express agreement and consent of the City of Round Rock ( "City ") to
the aforesaid Assignment (the "Assignment of Contracts" dated
November 6, 1992) by Assignor to Assignee of the Water and
Wastewater Agreement dated as of January 22, 1987 between the City,
L & N Land Corp. (currently Panoramic Land, Inc.) and Williamson
County Municipal Utility District No. 9 ( "District "), that certain
Addendum to Water and Wastewater Agreement dated the 8th of June,
1989 between the City, Lomas Land, Inc. (formerly L & N Land Corp.,
currently Panoramic Land, Inc.) and the District, and that certain
Exhibit "B" to said Water and Wastewater Agreement approved by the
City on June 8, 1989, and to evidence the express agreement,
consent, and acknowledgement of the assignment of any other
agreement or contracts assigned in the Assignment.
ATTEST:
J;anne Land, City Secretary
(SEAL)
CITY OF ROUND ROCK
Al /g4,
Mike Robinson, Mayor
-4-
i, :- -g2 03:41PPM FROM BOUT =.. LAND TITLE TO 33 ?;16C•3
•
FIELD NOTES
IA DESCRIPTION OF 290.600 ACRES OF LAND SITUATED IN
THE WASHINGTON ANDERSON SURVEY NO. 15, WILLIAMSON
'COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN
316.05 ACRE TRACT OF LAND CONVEYED TO SAM 8A88 316
BY DEED RECORDED IN VOLUME 951, PAGE 128 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 290.600
ACRES BEING MORE PARTICULARLY DESCRIBED AS TRACTS I
AND II AS FOLLOWS:
TRACT I
BEGINNING at the intersection of the north. right -of -way (R.o.W.)
line•of F.M. 1431 (a 200 foot wide R.O.W.) and the east R.O.W. line
of County Road No. 175 (a variable width R.0.6.), for the southwest
corner hereof;
THENCE along the east R.O.W. line of County Road No. 175, as
generally fenced, the following four (4) courses:
'1. N 22'05'00" W, 1019.00 feet to a 1/2 inch iron rod found,
1 2. N 20'36'10" W, 791.13 feet to a 1/2 inch iron rod found,
3. N 21'13'16" W, 411.51 feet to a 1/2 inch iron rod found,
and
1 4. N 23'30'15" W, 424.64 feet to a 1/2 inch iron rod found
on the south line of that certain 511 acre tract of land
conveyed to Perry 0. Mayfield by deed recorded in Volume
258, Page 214 of the said deed records for the northwest
corner hereof;
THENCE, departing the east R.O.W. line of County Road No. 175 along
the Said south line of the 511 acre tract being the north line
hereof, as generally fenced, the following five (5) courses:
1. N 68 E, 1282.36 feet to a 1/2 inch iron rod found,
.2. N 69 E, 400.00 feet pass the southwest * Of
that certain 191.27 acre bract of land conveyed to Tom E.
Nelson, Jr. Trustee by deed recorded in Volume 970, Page'
774 of the said deed records, in all a distance of 904.69
feet, continuing along the said south line of the 511
acre tract being the south line of the said 191.27 acre
tract, to a 1/2 inch iron rod found,
3. N 69'54'34" E, 238.76 feet pass a 5/8 inch iron rod found
for the northwest corner of Vista Oaks 1A & 1B Revised,
a subdivision of the said 316.05 acre tract whose plat is
recorded in Cabinet J Slides 189 through 194 of the Plat
Records of said county, and continuing, along the north
line of said Vista Oaks lA & 18 Revised, a total distance
of 1074.77 feet to a 5/6 inch iron rod found,
4• N 71 E, 535,98 feet to a 1/2 inch iron rod found
in a Mesquite stump, and .
5. N 68 E, 1251.92 feat to a 1/2 inch iron rod found
at the southeast corner of said 191.27 acre tract, on 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 the said deed records being
the northeast corner hereof and the northeast corner of
the said Vista Oaks lA & SB Revised;
;
EXHIBIT "A"
Page 1 of 3
P002/0O4
11 =Q6-92 03:41 ?) :ROM SOUTHWEST LAND TITLE TO 3351603 .'003/004
•
THENCE, departing the south line of the said 511 acre tract along
the west1line of the said 1437.45 acre tract, as generally fenced,
being the east line hereof and the east line of the said Vista Oaks
lA & 18 Revised, the following two (2) courses:
1.
2. ?
S 20'06'40" E, 952.50 feet pass a 5/8 inch iron rod found
for the southeast corner of Lot 26, Block E, of the said
Vista Oaks lA & 1B Revised, and departing the east line
of the said Vista Oaks lA & 18 Revised, a total distance
of 1802.71 feat to a 1/2 inch iron rod found in a rock
mound,
S 20'03'30" E, 378.48 feet pass a 5/8 inch iron rod found
for the northeast corner of Lot 1, Block A of the said
Vista Oaks lA & 1B Revised, and continuing along the east
line of the said Vista Oaks lA & 18 Revised, a total
distance of 1028.48 feet to a point on the curving north
R.O.W. line of F.M. 1431 at the southeast corner hereof
and the southeast corner of the said Vista oaks 1A & 1B
Revised;
THENCE, departing the west line of the maid 1437.45 acre tract
along the north R.O.W: line of F.M. 1431 being the south line of
the said Vista Oaks 1A & 1B Revised, the following five (5)
courses:;
1. a distance of 86.24 feet along the arc of a curve to the
' right having a central angle of 00'26'06 ", a radius of
11359.16 feet and a chord bearing S 70 W, 86.24
' feet to a brass disk found in concrete at the point of
tangency,
2. : S 71'02'00" W, 1407,89 feet pass a 5/8 inch iron rod
' found for the southwest corner of the said Vista Oaks LA•
& 18 Revised, and departing the south line of the said
vista Oaks lA & 18 Revised, a total distance of 3252,17
feet to a brass disk found in concrete at the point of
curvature,
3. a distance of 325.38 feet along the arc of a curve to the
right having a central angle of 01'38'00 ", a radius of
11414.06 feat and a chord bearing S 71'51'00" W, a
.distance.of 325.37 feet to the point of tangency,
4. S 72'40'00" W, 1132.29 feet to the point of curvature,
and
5. a distance of 144.02 feet along the arc of a curve to the
' left having a central angle of 01'19'33 ", a radius of
7739.44 feet pass a 5/8 inch iron rod found, in all a
total distance of 179.08 feet along the arc of said curve
whose chord boars S 72'00 W, a distance of 179.08
feet to the POINT OF BEGINNING, containing 316.018 acres
of land more or less, SAVE AND EXCEPT 86.012 acres of
• land being the said Vista Oaks lA & 15 Revised; 0.199
acres of land conveyed to Tommy Cowan by deed recorded in
Volume 1552, Page 307 of the said Deed Records; 0.166
acres of land conveyed to Keith E. Young by deed recorded
in Volume 1552, Page 323 of the said Deed Records; 0.163
acres of land conveyed to T. P. Kirksey by deed recorded
in Volume 1552, Page 311 of the said Deed Records; 0.160
acres of land conveyed to John Kuykendall by deed
recorded in Volume 1552, Page 315 of the said Deed
Records; and 0.157 acres of land conveyed to James S.
Page 2 of 3
11=0• 5-92 03:,1711 72UM SOUTHWEST LAND TITLE TO 3351003 P004 /004
• ;I
Wilson by deed recorded in Volume 1552, Page 319 of the
said Deed Records leaving a NET AREA of the herein
described TRACT 1 of 229.161 acres of land.
}+4gether TRACT TT � sc the c f 11ow :
TRACT II: Lot 1, Block A, Lot 1, Block B, Lots 1 through 12,
inclusive, Block C, Lots 1 through 9, inclusivo, 11, 12 and Lots 18
through 35, inclusive, Block D, Lots 1 and 3 through 9, inclusive,
and Lots 13 through 17 and 19 through 26, inclusive, Block E, Lots
2 through 11, 13, 15 and Lots 18 through 25, inclusive, Block 1,
Lots 1, 2, 5, 6, 7, 9 and 10, Block G, Lots 1 through 7, inclusive,
and Lots. 9, 10 and 11 (Greenbelt Area) and Lots 12 through 14,
inclusive, and Lots 16 through 31, inclusive, and Lots 34 through
37, inclusive, and Lot 39, Block H, Lots 1 through 19, inclusive,
and Lots through 30 and 32 through 39, inclusive, Block I, and
Lots 1 through 4, inclusive, and Lots 8 through 23, inclusive,
Block J, VISTA OARS lA & 1B REVISED, a subdivision in Williamson
County, Texas, according to the nap or plat thereof recorded in
Cabinet J, Slides 189 -194, Plat Records, Williamson County, Texas.
Page 3 of 3
Exhibit "B"
1. Any contract pursuant to which the Assignor is entitled to
receive the proceeds of the sale of any bonds by Williamson County
Municipal Utility District No. 9 and /or the City of Round Rock.
2. The Agreement for the Construction and Purchase of Utility
Facilities between L & N Land Corp and Williamson County Municipal
Utility District No. 9 dated as of November 24. 1987;
3. The Ordinance No. 2269 of the City of Round Rock granting
consent to the creation of the District;
4. Water and Wastewater Agreement between Williamson County
Municipal Utility District No. 9 ( "District "), the City of Round
Rock ( "City ") and L & N Land Corp. dated as of January 22, 1987.
5. Addendum to Water and Wastewater Agreement between the
District, the City and Lomas Land, Inc. (formerly L & N Land Corp.)
dated the 8th of June, 1989.
6. Exhibit "B" to Water and Wastewater Agreemnt Among City
of Round Rock, L&N Land Corp. and Williamson County Municipal
Utility District No. 9, dated January 22, 1987 - as approved by the
City on June 8, 1989, by Lomas Land, Inc. on August 15, 1989 and
the District on July 28, 1989.
7. West Round Rock Water System Improvements Agreement dated
September 14, 1987, by and among the City of Round Rock, Texas,
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; and
Reata Management, (Project Manager).
B -1
01/26/93 16:57 ROUND ROCK PUBLIC WORKS -, 512 255 6676 NO.052 P25
DATE:
SUBJECT:
ITEM:
STAFF RECOMMENDATION:
January 26, 1993
City Council Meeting, January 28, 1993
13C. Consider a resolution authorizing the Mayor to execute
an assignment of contracts concerning MUD No. 9.
STAFF RESOURCE PERSON: Jim Nuse /Steve Sheets
MUD No.9, Vista oaks, has been sold. This action
will allow assignment of certain contracts to the
new owners. Steve Sheets will make a
presentation regarding this at the meeting.