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R-99-12-16-13D9 - 12/16/1999RESOLUTION NO. R- 99- 12- 16 -13D9 WHEREAS, the City of Round Rock desires to construct regional drainage facilities on property located at the intersection of FM 620 and Old Smyer's Lane, and WHEREAS, the City and the owners of the property wish to share in the costs of the project, 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, a Cost Participation Agreement with Columbia /St. Davids Healthcare System, L.P., a Cost Participation Agreement with HCFD, Round Rock, Ltd., a Cost Participation Agreement with Wyoming Springs Investments, L.L.C., and a Cost Participation Agreement with Robinson, et al, for the construction of regional drainage facilities at the intersection of FM 620 and Old Smyer's Lane, a copy of said agreements being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, K: \WPDOCS \AESOLUTI \A91216D9 . WPD /sc Chapter 551, Texas Government Code, as amended, and the Act. A EST: RESOLVED this 16th day of December, 1999. :�. /LIL_ E LAND, City Secretary 2 RO: RT A. STLUKA, Mayor City of Round Rock, Texas DATE: December 10, 1999 SUBJECT: City Council Meeting — December 16, 1999 ITEM: 13.D.9. Consider a resolution authorizing the Mayor to execute a cost participation agreement for drainage improvements in the Wyoming Springs and RM620 area. Staff Resource Person: Jim Nuse, Public Works Director. oP COST PARTICIPATION AGREEMENT This Cost Participation Agreement is entered into by and between ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership, and ROBINSON RANCH, a Texas general partnership (the "Owners"), and the City of Round Rock, Texas, a Texas home -rule municipality, (the "City ") on this the I( , day of jaial, 1999. RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. X:\ EXT\ROUNDROC\XOSPIT -9. WPDkd, ARTICLE II MISCELLANEOUS PROVISIONS 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, Texas. 3. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement shall be of no force and effect. 4. Any notice required under this agreement shall be addressed as follows: City: Owners: Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 ROBINSON LAND LIMITED PARTNERSHIP P. O. Roy 959F Austin, TX 78766 ROBINSON RANCH P. O. Box 9556 Austin, TX 78766 EXECUTED ON THE 19 DAY OF DFC,, , 1999. CIT n ROUND ROCK, TEXAS wiL I AP :_ "' A. STLUKA,"JR., MAYOR 2 ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnershi General Partner By: By: A. H. Robinson, III, General Partner /GV, -its John Oscar Robinson, General Partner A.H. Robinson, III, Co- Trustee of the A.H. Robinson, Jr. 1986 Family Trust, Charlotte Dies Robinson 1986 Family Trust, George E. Robinson 1986 Family Trust, Virginia E. Robinson 1986 Family Trust, Al & Charlotte Robinson 1986 Family Trust No. 2 and the George and Virginia Robinson 1986 Family Trust No. 2 /lam (.,(/e-ee'1/ Join Oscar Robinson, Co- Trustee of the A.H. Robinson, Jr. 1986 Family Trust, Charlotte Dies Robinson 1986 Family Trust, George E. Robinson 1986 Family Trust, Virginia E. Robinson 1986 Family Trust, Al & Charlotte Robinson 1986 Family Trust No. 2 and the George and Virginia Robinson 1986 Family Trust No. 2 ROBINSON RANCH, a Texas general partnership A.H. Robinson, III, Co- Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Dies Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partners Flora Robinson Cosper, V -Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Parters GER 1999 Limited Partnership, a Texas limited partnership By: G.E. Robinson, LLC, a Texas limited liability company, Its: General partner 4 By: J. Oscar Robinson , Page 1 of 2 9.377 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 9.377 ACRE TRACT OF LAND SITUATED IN THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 112.623 ACRE TRACT OF LAND AS DESCRIBED IN THAT WARRANTY DEED TO A. H. ROBINSON, JR., ET AL., RECORDED IN VOLUME 1465, PAGE 427 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 9.377 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE on the northwest comer of said 112.623 Acre Tract, thence with the northerly line of said 112.623 Acre Tract, N 69° 32' 40" E for a distance of 407.51 feet, and N 69° 30' 20" E for a distance of 257.73 feet to a point on the easterly line of Park Valley Drive, being a 8.068 acre tract as described by instrument recorded in Volume 1465, Page 427 of said Official Records, same being the northwest corner and POINT OF BEGINNING hereof; THENCE with the northerly line of said 112.623 Acre Tract the following three (3) courses and distances: 1) N 69° 30' 20" E for a distance of 75.00 feet to an angle point hereof; 2) N 69° 37' 10" E for a distance of 436.37 feet to an angle point hereof; 3) N 68° 11' 15" E for a distance of 253.90 feet to the westerly line of Wyoming Springs Drive, same being the northeasterly corner hereof; THENCE through the interior of said 112.623 Acre Tract, with the westerly line of said Wyoming Springs Drive, the following two (2) courses and distances: 1) with the arc of a curve to the right, having a radius of 865.41 feet, a central angle of 33° 05' 23 ", an arc length of 499.80 feet, and a chord which bears S 01° 47' 24" E for a distance of 492.88 feet to a point of tangency hereof, 2) S 14° 45' 18" W for a distance of 355.57 feet to a point of curvature hereof, THENCE departing the westerly line of said Wyoming Springs Drive, with the northerly curve return at the intersection of said Wyoming Springs Drive and said Park Valley Drive, with the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 90° 00' 00 ", an arc length of 23.56 feet, and a chord which bears S 59° 45' 18" W for a , Page2of2 9.377 Acre Tract distance of 21.21 feet to a point on the easterly line of Park Valley Drive, same being a point of tangency hereof; THENCE with the easterly line of said Park Valley Drive, the following two (2) courses and distances: 1) N 75° 14' 42" W for a distance of 130.00 feet to a point of curvature hereof 2) with the arc of a curve to the right, having a radius of 650.00 feet, a central angle of 54° 45' 00 ", an arc length of 621.12 feet, and a chord which bears N 47° 52' 12" W for a distance of 597.76 feet to a point of tangency hereof; 3) N 20° 29' 42" W for a distance of 150.00 feet to the POINT OF BEGINNING and containing 9.377 acre of land. PREPARED FROM RECORD INFORMATION AND NOT FROM AN ON THE GROUND SURVEY. BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 958-301 -18 File Name: W:\Projects1Wapri°galDocl9Ac AREA SUMMARY ENTITY CONTRIBUTING ACREAGE 9o99wo, 99149 K,e 79.289 M. Robinson Lana Lm. '''. 1.219 90. 10 1 pd g. I... 9.000 9.. Round 11..9 &W W1 C.. 24.000 M. W.Ip..n. 1.997 9n. Exiting R.O.W. 9.949 An. Ne RAW. 2.972 M. 2.1.1 110.199 M. COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES FM 620 CULVERT AND APPURTENANCES AT THE END OF OLD SMYERS LANE R.O.W. EXHIBIT B DEC. 1999 958 - 301 -18 COST PARTICIPATION AGREEMENT This Cost Participation Agreement is entered into by and between ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership, and ROBINSON RANCH, a Texas general partnership (the "Owners "), and the City of Round Rock, Texas, a Texas home -rule municipality, (the "City ") on this the Up day of DEC., 1999. RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; \TExx \Rw WflOC\EOSa1r- a.wpDirac ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, 3. This agreement contains the entire Any oral representations or modifications be of no force and effect. 4. Any notice required under follows: City: Owners: ARTICLE II MISCELLANEOUS PROVISIONS this agreement shall be addressed as Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 ROBINSON LAND LIMITED PARTNERSHIP P. O. Rnx 9556 Austin_ TX 75766 ROBINSON RANCH P. O. Box 9556 Austin, TX 78766 EXECUTED ON THE 17 DAY OF Pic.,, 1999. CITY OF ROUND ROCK, TEXAS By 446 Re -T A. STLUKA, 11 2 agreement between the parties. concerning this agreement shall MAYOR Texas. ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnership, General Partner By By: A. H. Robinson, III, General Partner John Oscar Robinson, General Partner l . A Ifs A.H. •obinson, III o- Trustee of the A.H. Robinson, Jr. 1986 Family Trust, Charlotte Dies Robinson 1986 Family Trust, George E. Robinson 1986 Family Trust, Virginia E. Robinson 1986 Family Trust, Al & Charlotte Robinson 1986 Family Trust No. 2 and the George and Virginia Robinson 1986 Family Trust No. 2 ',2 44(4-- ohn Oscar Robinson, Co-Trustee of the A.H. Robinson, Jr. 1986 Family Trust, Charlotte Dies Robinson 1986 Family Trust, George E. Robinson 1986 Family Trust, Virginia E. Robinson 1986 Family Trust, Al & Charlotte Robinson 1986 Family Trust No. 2 and the George and Virginia Robinson 1986 Family Trust No. 2 ROBINSON RANCH, a Texas general partnership 1 47 4-14.44terN11-- A.H. Robinson, III, Co- Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Dies Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partners If a- Flora Robinson Cosperstee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Parters GER 1999 Limited Partnership, a Texas limited partnership By: G.E. Robinson, LLC, a Texas limited liability company, Its: General partner 4 By: J. Oscar Robinson Page 1 of 2 37.571 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 37.571 ACRE TRACT OF LAND SITUATED IN THE 7. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 112.623 ACRE TRACT OF LAND AS DESCRIBED IN THAT WARRANTY DEED TO A. H. ROBINSON, JR, ET AL., RECORDED IN VOLUME 1465, PAGE 427 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 37.571 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on the northwest corner of said 112.623 Acre Tract, same being the northwest comer and POINT OF BEGINNING hereof; THENCE with the northerly line of said 112.623 Acre Tract the following two (2) courses and distances: 1) N 69° 32' 40" E for a distance of 407.51 feet to an angle point hereof 2) N 69° 30' 20" E for a distance of 187.73 feet to the westerly boundary line of Park Valley Drive being a 8.068 acre tract as described by instrument recorded in Volume 1465, Page 427 of said Official Records, same being the northeasterly comer hereof THENCE through the interior of said 112.623 Acre Tract, with the westerly line of said Park Valley Drive, the following three (3) courses and distances: 1) S 20° 29' 42" E for a distance of 150.00 feet to a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 720.00 feet, a central angle of 54° 45' 00 ", an arc length of 688.01 feet, and a chord which bears S 47° 52' 12" E for a distance of 662.13 feet to a point of tangency hereof; 3) S 75° 14' 42" E for a distance of 130.00 feet to a point of curvature hereof THENCE departing said Park Valley Drive, with the southwesterly curve return at the intersection of said Park Valley Drive and Wyoming Springs Drive, with the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 90° 00' 00 ", an arc length of 23.56 feet, and a chord which bears S 30° 14' 42" E for a distance of 21.21 feet to a point on the westerly line of said Wyoming Springs Drive, same being a point of tangency hereof, Page 2 of 2 37.571 Acre Tract THENCE continuing through the interior of said 112.623 Acre Tract, with the westerly line of said Wyoming Springs Drive, the following two (2) courses and distances: 1) S 14° 45' 18" W for a distance of 373.73 feet to a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 1070.00 feet, a central angle of 56° 43' 18 ", an arc length of 1059.28 feet, and a chord which bears S 13° 36' 21" E for a distance of 1016.55 feet to the southerly line of said 112.623 Acre Tract, same being the northerly line of Smyers Lane, also being the southeasterly corner hereof; THENCE with the southerly line of said 112.623 Acre Tract, same being the northerly line of said Smyers Lane the following two (2) courses and distances: 1) S 54° 20' 40" W for a distance of 249.30 feet to a point of curvature hereof, 2) with the arc of a curve to the left, having a radius of 1197.49 feet, a central angle of 25° 49' 18 ", an arc length of 539.68 feet, and a chord which bears S 41° 26' 00" W for a distance of 535.12 feet to the southwesterly corner of said 112.623 Acre Tract, same being the southwesterly corner hereof; THENCE with the westerly line of said 112.623 Acre Tract the following two (2) courses and distances: 1) N 19° 32' 06" W for a distance of 1136.46 feet to an angle point hereof; 2) N 19° 33' 00" W (Bearing Basis) for a distance of 1329.52 feet to the POINT OF BEGINNING and containing 37.571 acre of land. PREPARED FROM RECORD INFORMATION AND NOT FROM AN ON THE GROUND SURVEY. BAKERAICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 958- 301 -18 File Name: W:1Projocte \Wspr nga \Doc137Ac D BOEEEXAAA CULV PAR'71CIPAT ,, AREA ENTRY CONTRIBUTING ACREAGE M Reben Ranch ...... 70.211 M. in. Raban land LTD.-1% 1.211 M. P M. 0.000 M. Round Rook 00 US 00i c.. 24.000 M. W01p00111• 1.9 1 A0. fk111n1 R.O.W. 1.049 M. Pro ZEA SUMMARY p000d R.O.W. 2.972 M. T 110.104 M. Baker-Abkbn • Measta n. la COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES FM 620 CULVERT AND APPURTENANCES AT THE END OF OLD SMYERS LANE R.O.W. EXHIBIT B DEC. 1999 958- 301 -18 COST PARTICIPATION AGREEMENT This Cost Participation Agreement is entered into by and between ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership, ROBINSON 1991 LAND LIMITED PARTNERSHIP, a Texas limited partnership, and ROBINSON RANCH, a Texas general partnership (the "Owners "), and the City of Round Rock, Texas, a Texas home -rule municipality, (the "City ") on this the ILO day of , 1999. RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. R:\T,XT\ROUNDRa\"QSP r- a.EP"icdc ARTICLE II MISCELLANEOUS PROVISIONS 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, Texas. 3. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement shall be of no force and effect. 4. Any notice required under this agreement shall be addressed as follows: City: Owners: Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 ROBINSON LAND LIMITED PARTNERSHIP P. 0. Box 9556 Austin, TX 78766 EXECUTED ON THE 11 DAY OF D✓C , 1999. ROBINSON 1991 LAND LIMITED PARTNERSHIP P. 0. Box 9556 Austin, TX 78766 ROBINSON RANCH P. 0. Box 9556 Austin, TX 78766 CIT 0 ROUND ROCK, TEXAS • •: RT A. STLUKA, , MAYOR 2 ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnership, Gener Partner By: By: A. H. Robinson, III, General Partner John Oscar Robinson, General Partner ROBINSON 1991 LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnership, General Partner John Oscar Rob' son, General Partner A. H. Robinson, III, Trustee of the George E. Robinson 1986 Family Trust and the Charlotte D. Robinson 1986 Family Trust 3 John Oscar Robinson, Trustee of the George E. Robinson 1986 Family Trust and the Charlotte D. Robinson 1986 Family Trust ROBINSON RANCH, a Texas general partnership By G A. H. Robinson, III, Co - Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust and the Charlotte Dies Robinson Non - Exempt Marital Deduction Trust, and as Co - Independent Executor of the Est ate of Charlotte Dies Robinson Its: General Partner J-istA 4 By: Flora Robinson Cosper, CdJ-Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust and the Charlotte Dies Robinson Non - Exempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partner GER 1999 Limited Partnership, a Texas limited partnership By: G. E. Robinson, LLC, a Texas limited liability company, Its: General partner 44 Oscar Robinson Page l of l 1.347 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 1.347 ACRE TRACT OF LAND SITUATED IN THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 3.34 ACRE TRACT OF LAND AS DESCRIBED IN THAT WARRANTY DEED TO A.H. ROBINSON, JR., ET AL., RECORDED IN VOLUME 1996, PAGES 197 -214 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 1.347 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of curvature in the south right -of -way line of Smyers Lane, same being a point in the east line of a 1.895 Acre Tract, same being the northwest corner and POINT OF BEGINNING hereof; THENCE along said south right-of-way line of Smyers Lane and with a curve to the right having a radius of 522.99 feet, a central angle of 37° 47' 43", an arc length of 344.99 feet, and a chord which bears N 82° 39' 02" E for a distance of 338.77 feet to a point in the west line of a 5.340 Acre Tract and northeast corner hereof; THENCE S 22° 22' 06" E, departing said south right -of -way line of Smyers Lane, with the west line of said 5.34 acre tract for a distance of 130.76 feet to a point in the north right -of -way line of R.R. 620 and southeast comer hereof; THENCE along said north right -of -way line of said RR. 620 and with a curve to the left having a radius of 2351.83 feet, a central angle of 05° 13' 47 ", an arc length of 214.67 feet and a chord which bears S 53° 41' 25" W for a distance of 214.59 feet to a point being the southeast corner of said 1.895 Acre Tract and southwest corner hereof; THENCE N 46° 07' 14" W, continuing with the east line of said 1.895 Acre Tract for a distance of 295.26 feet to the POINT OF BEGINNING and containing 1.347 acres of land more or less. PREPARED FROM RECORD INFORMATION AND NOT FROM AN ON THE GROUND SURVEY. BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244 -9620 Job No.: 958. 301 -18 File Name: W:\ Projects \WspringsZoo\R327575.doo 1 ��( TJ�! POSED BOX CUL P \ \ \� AREA SUMMARY ENTITY CONTRIBUTING ACREAGE IbbYnen lamb 70.200 Ao. Robinson Lend LTD. 1.210 M. b0 3 1. 21 9 9 v. 0.000 M. Medical Reek .dIaa1 C. 24.000 A. W.lP..... 1.000 A. Ed A. .0n0 R.O.W. 9.1140 M. Proposed R.O.W. 2.972 A.. Total I Total A. 110.194 M. COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES FM 620 CULVERT AND APPURTENANCES AT THE END OF OLD SMYERS LANE R.O.W. EXHIBIT B DEC. 1999 958- 301 -18 COST PARTICIPATION AGREEMENT This Cost Participation Agreement is entered into by and between ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership, and ROBINSON RANCH, a Texas general partnership (the "Owners "), and the City of Round R9ck, Texas, a Texas home -rule municipality, (the "City ") on this the ILO day of ,pEC „ 1999. RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "8 ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; X, \rExr \aouemROC \"OSPrT- r.WPD /,d, ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. City: Owners: ARTICLE II MISCELLANEOUS PROVISIONS 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, Texas. 3. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement shall be of no force and effect. 4. Any notice required under this agreement shall be addressed as follows: Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 ROBINSON LAND LIMITED PARTNERSHIP P. O. Box 9556 Austin, TX 78766 ROBINSON RANCH P. O. Box 9556 Austin, TX 78766 EXECUTED ON THE I DAY OF �+ , 1999. CITY OF ROUND ROCK, TEXAS r� tea, Se • A. S UKA, J 2 MAYOR ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnership, General Partner By: By: A. H. obinson, III, General Partner John Oscar Robinson, General Partner A.H. obinson, III, Co- Trustee of the A.H. Robinson, Jr. 1986 Family Trust, Charlotte Dies Robinson 1986 Family Trust, George E. Robinson 1986 Family Trust, Virginia E. Robinson 1986 Family Trust, Al & Charlotte Robinson 1986 Family Trust No. 2 and the George and Virginia Robinson 1986 Family Trust No. 2 S ohn Oscar Robinson, Co- Trustee of the A.H. Robinson, Jr. 1986 Family Trust, Charlotte Dies Robinson 1986 Family Trust, George E. Robinson 1986 Family Trust, Virginia E. Robinson 1986 Family Trust, Al & Charlotte Robinson 1986 Family Trust No. 2 and the George and Virginia Robinson 1986 Family Trust No. 2 ROBINSON RANCH, a Texas general partnership A.H. Robinson, III, Co- Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Dies Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partners Flora inson Cosper, (2o- Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Parters GER 1999 Limited Partnership, a Texas limited partnership By: G.E. Robinson, LLC, a Texas limited liability company, Its: General partner 4 By: Oscar Robinson Page 1of2 14.878 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 14.878 ACRE TRACT OF LAND SITUATED IN THE 7. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 112.623 ACRE TRACT OF LAND AS DESCRIBED IN THAT WARRANTY DEED TO A H. ROBINSON, 7R., ET AL., RECORDED IN VOLUME 1465, PAGE 427 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 14.878 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on the intersection of the northerly line of Smyers Lane and the easterly line of Wyoming Springs Drive, same being the southwesterly corner and POINT OF BEGINNING hereof; THENCE departing the northerly line of said Smyers Lane, with the easterly line of said Wyoming Springs Drive, the following two (2) courses and distances: 1) with the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 57° 31' 22", an arc length of 953.76, and a chord which bears N 14° 03' 08" W for a distance of 914.21 feet to a point of tangency hereof; 2) N 14° 42' 23" E for a distance of 354.25 feet to a point of curvature hereof, THENCE with the curve return with the intersection of the easterly line of said Wyoming Springs Drive and the southerly line of Park Valley Drive, the arc of a curve to the right, having a radius of 35.00 feet, a central angle of 90° 00' 00 ", an arc length of 54.98 feet, and a chord which bears N 59° 42' 22" E for a distance of 49.50 feet to a point on the southerly line of said Park Valley Drive, same being a point of tangency hereof; THENCE with the southerly line of said Park Valley Drive, S 75° 17' 38" E for a distance of 423.95 feet to the northeasterly comer hereof THENCE departing the southerly line of said Park Valley Drive, through the interior of said 112.623 Acre Tract, the following two (2) courses and distances: 1) S 10° 47' 44" W for a distance of 229.85 feet to an angle point hereof; 2) S 22° 22' 06" E for a distance of 761.00 feet to a point on the northerly line of said Smyers Lane, same being the southeasterly comer hereof; Page2of2 14.878 Acre Tract THENCE with the northerly line of said Smyers Lane, the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius 622.99 feet, a central angle of 41° 18' 22 ", an arc length of 449.13 feet, and a chord which bear S 74° 54' 37" W for a distance of 439.47 feet to a point of tangency hereof; 2) S 54° 15' 27" W for a distance of 176.18 feet to the POINT OF BEGINNING and containing 14.878 acre of land. PREPARED FROM RECORD INFORMATION AND NOT FROM AN ON THE GROUND SURVEY. BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 24.9620 Job No.: 958- 301 -18 File Name: W :V'rojects \Waprmg\ Doe \R315215Ac COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES FM 620 CULVERT AND APPURTENANCES AT THE END OF OLD SMYERS LANE R.O.W. EXHIBIT B DEC. 1999 958- 301 -18 This Cost Participation Agreement is entered into by and between ROBINSON RANCH, a Texas general partnership (the "Owners "), and the City of Round Rock, Texas, a Texas home -rule municipality, (the "City ") on this the 1 1p day of Dec_ , 1999. WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. \TEX7 \RONNNKOC \HOsPIT -6,UPD /sac COST PARTICIPATION AGREEMENT RECITALS ARTICLE I CONDITIONS 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, 3. This agreement contains the entire Any oral representations or modifications be of no force and effect. 4. Any notice required under follows: City: Owners: ARTICLE II MISCELLANEOUS PROVISIONS this agreement shall be addressed as Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 ROBINSON RANCH P. O. Box 9556 Austin, TX 78766 EXECUTED ON THE fl DAY OF , 1999. CITY OUND ROC TEXAS Ali WO A/ RO: T A. STLUKA, J 2 agreement between the parties. concerning this agreement shall MAYOR Texas. ROBINSON RANCH, a Texas general partnership By A.H. Robinson, III, Co- Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Dies Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partners Flora Robinson Cosper, =stee of the Charlotte Dies Robinson Exempt Marital Deduction Trust, Co- Trustee of the Charlotte Robinson Nonexempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Parters GER 1999 Limited Partnership, a Texas limited partnership By: G.E. Robinson, LLC, a Texas limited liability company, Its: General partner rtA' By: Oscar Robinson Page 1 of 2 1.219 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 1.219 ACRE TRACT OF LAND SITUATED IN THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 2.073 ACRE TRACT OF LAND AS DESCRIBED IN THAT WARRANTY DEED TO ROBINSON RANCH, A TEXAS GENERAL PARTNERSHIP, RECORDED IN VOLUME 1672, PAGES 951 -952 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 1.219 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the north right -of -way line of Smyers Lane and east right -of way line of Wyoming Springs Drive, same being the northwest comer and POINT OF BEGINNING hereof; THENCE N 54° 15' 27" E, with said north right -of -way line of Smyers Lane for a distance of 176.18 feet to a point in the north right -of -way line of said Smyers Lane and point of curvature hereof; THENCE continuing along said north right -of -way line of said Smyers Lane and with a curve to the right having a radius of 622.99 feet, a central angle of 41° 18' 22 ", an arc length of 449.13 feet and a chord which bears N 74° 54' 37" E for a distance of 439.47 feet to a point being in the west line of a 5.340 Acre Tract and northeast comer hereof; THENCE S 22° 22' 06" E, continuing with the west line of said 5.340 acre Tract for a distance of 116.41 feet to a point in the south right -of way line of said Smyers Lane and southeast corner hereof; THENCE along the south right -of -way line of said Smyers Lane and with a curve to the left having a radius of 522.99 feet, a central angle of 37 °47'43 ", an arc length of 344.99 feet and a chord which bears S 82° 39' 02" W for a distance of 338.77 feet to a point in the east line of a 1.895 Acre Tract and exterior corner hereof; THENCE N 46 °07 14" W, departing said south right -of way line of Smyers Lane and with the east line of said 1.895 Acre Tract for a distance of 32.74 feet to a point for an interior comer hereof; THENCE along the north line of said 1.895 Tract and with a curve to the left having a radius of 555.26 feet, a central angle of 08° 26' 02 ", an arc length of 81.73 feet and a chord which bears S 58° 39' 03" W for a distance of 81.66 feet to a point of tangency hereof; Page 2 of 2 1.219 Acre Tract THENCE S 54° 24' 49" W for a distance of 163.98 feet to a point in the east right -of way line of said Wyoming Springs Drive for the southwest corner hereof; THENCE N 46 °11' 30" W, along the east right -of way line of said Wyoming Springs Drive, for a distance of 12.85 feet to a point of curvature hereof; THENCE along the east right -of -way line of said Wyoming Springs Drive and with a curve to the right having a radius of 950.00 feet, a central angle of 03 °23' 51 ", an arc length of 56.33 feet and a chord which bears N 44° 45' 45" W for a distance of 56.32 feet to the POINT OF BEGINNING, containing 1.219 acres of land more or less. PREPARED FROM RECORD INFORMATION AND NOT FROM AN ON THE GROUND SURVEY. BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 958-301-18 File Name: W:\Projects \Wsirtings\ Doc111315619.d°c COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES FM 620 CULVERT AND APPURTENANCES AT THE END OF OLD SMYERS LANE R.O.W. EXHIBIT B DEC. 1999 958 - 301 -18 COST PARTICIPATION AGREEMENT This Cost Participation Agreement is entered into by and between ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership, ROBINSON 1991 LAND LIMITED PARTNERSHIP, a Texas limited partnership, and ROBINSON RANCH, a Texas general partnership (the "Owners "), and the City of Round Rock, Texas, a Texas home -rule municipality, (the "City ") on this the Il0 day of ©E/2„ 1999. RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. \ TEXT \ROUNUR0C \"OSPIT- 5."POicac 4. Any notice required under follows: City: Owners: ARTICLE II MISCELLANEOUS PROVISIONS 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, Texas. 3. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement shall be of no force and effect. CITY this agreement shall be addressed as Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 ROBINSON LAND LIMITED PARTNERSHIP P. 0. Box 9556 Austin. TX 79766 ROBINSON 1991 LAND LIMITED PARTNERSHIP P. 0. Box 9556 Austin, TX 78766 ROBINSON RANCH P. 0. Box 9556 Austin, TX 78766 EXECUTED ON THE 11 DAY OF , 1999. OUND ROCK, TEXAS 2•_� A. STLUKA, ' , MAYOR 2 ROBINSON LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnership, Gen al Partner By: A. H. Robinson, III, General Partner ROBINSON 1991 LAND LIMITED PARTNERSHIP, a Texas limited partnership By: ROBINSON ASSOCIATES, a Texas General Partnership, Generl Partner By John Oscar Robinson, General Partner A. H. Robinson, III, General Partner 3 ohn Oscar Ro inson, General Partner a �( y ��tiGGaIT /YAA A. H. Robinson, III, Trustee of the George E. Robinson 1986 Family Trust and the Charlotte D. Robinson 1986 Family Trust ohn Oscar Robinson, Trustee of the George E. Robinson 1986 Family Trust and the Charlotte D. Robinson 1986 Family Trust ROBINSON RANCH, a Texas general part rship By: l.(, V �� A. H. Robinson, III, Co - Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust and the Charlotte Dies Robinson Non - Exempt Marital Deduction Trust, and as Co - Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partner 4 Flora Robinson Cosper, No - Trustee of the Charlotte Dies Robinson Exempt Marital Deduction Trust and the Charlotte Dies Robinson Non- Exempt Marital Deduction Trust, and as Co- Independent Executor of the Estate of Charlotte Dies Robinson Its: General Partner GER 1999 Limited Partnership, a Texas limited partnership By: G. E. Robinson, LLC, a Texas limited liability company, Its: General partner By: 3 7 , ea; del/14/2C1-L--- Oscar Robinson Page 1 of 2 7.086 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 7.086 ACRE TRACT OF LAND SITUATED IN THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 23.291 ACRE TRACT OF LAND AS DESCRIBED IN THAT SPECIAL WARRANTY DEED AS TRACT 2, TO A H. ROBINSON, JR, ET AL., RECORDED IN VOLUME 1996, PAGE 197 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 7.086 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on the northeasterly corner of said 23.291 Acre Tract, same being the intersection of the westerly line of Wyoming Springs Drive and the southerly line of Smyers Lane, same being the northeasterly corner and POINT OF BEGINNING hereof; THENCE departing the southerly line of Smyers Lane, with the easterly line of said 23.291 Acre Tract, same being the westerly line of said Wyoming Springs Road, S 47° 52' 37" E for a distance of 350.89 feet to the southeasterly corner of said 23.291 Acre Tract, same being the northerly line of R R. 620, also being the southeasterly comer hereof; THENCE departing the westerly line of Wyoming Springs Road, with the southerly line of said 23.291 Acre Tract, same being the northerly line of said R R 620, the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 2351.83 feet, a central angle of 11° 13' 08 ", an arc length of 460.51 feet, and a chord which bears S 34° 59' 52" W for a distance of 459.77 feet to a point of tangency hereof; 2) S 29° 23' 18" W for a distance of 196.34 feet to the southwesterly corner hereof; Page 2 of 2 7.086 Acre Tract THENCE through the interior of said 23.291 Acre Tract, N 60° 36' 42" W for a distance of 488.62 feet to a point on the northerly line of said 23.291 Acre Tract, same being the southerly line of said Smyers Lane, also being the northwesterly comer hereof, THENCE with the northerly line of said 23.291 Acre Tract, same being the southerly line of said Smyers Lane, the following two (2) courses and distances: 1) with the arc of a curve to the right, having a radius of 1095.98 feet, a central angle of 26° 07' 54", an arc length of 499.86 feet, and a chord which bears N 39° 30' 23" E for a distance of 495.54 feet to a point of tangency hereof 2) N 52° 34' 20" E for a distance of 264.81 feet to the POINT OF BEGINNING and containing 7.086 acre of land. PREPARED FROM RECORD INFORMATION AND NOT FROM AN ON THE GROUND SURVEY. BAKER- AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 958-301.18 File Name: W:\Projeda\Weprings\Doc \7Ac .1111 tbK111:11:1 COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES FM 620 CULVERT AND APPURTENANCES AT THE END OF OLD SMYERS LANE R.O.W. EXHIBIT B DEC. 1999 958 - 301 -18 /? i COST PARTICIPATION AGREEMENT This Cost Participation Agreement is entered into by and between WYOMING SPRINGS INVESTMENTS, L.L.C., a Texas limited liability company, (the "Owners ") and the City of Round Rock, Texas, a Texas home -rule municipality, (the "City ") on this the ILD day of DEG , , 1999. RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. X:\TeXT \ROUNDROC \HO,FIT .wP"i"ac City: Owners: ARTICLE II MISCELLANEOUS PROVISIONS 1. This agreement shall be binding on and assigns or on any person or entity in the Property. 2. This agreement is performable in W 3. This agreement contains the entire Any oral representations or modifications be of no force and effect. Owners, their heirs, successors, acquiring an ownership interest illiamson County, Texas. agreement between the parties. concerning this agreement shall 4. Any notice required under this agreement shall be addressed as follows: Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 WYOMING SPRINGS INVESTMENTS, L.L.C. c/o Family Medicine Associates 2300 Round Rock Avenue, Suite 109 Round rock, Texas 78681 EXECUTED ON THE I 1 DAY OF AWEAtee 1999. CITY OF ROUND ROCK, TEXAS By. 440iir LA!, ROe RT A. STLUKA, JR. MAYOR WYOMING SPRINGS INVESTMENTS, L.L.C. By: Smile Joel Manager Graves Owen, Manager Manuel Salinas, Manager l i l/5=-/ iG - 2 Jac]SlWalzel, Man e NUMBER OEL TA- CHORD BRO... RAD -' ARC"' LC ■' 01 10 N 82 °07'45" W 537.96 96.39 96.26 02 90.0638" N 32 °00'03" W 35.00 55.05 49.55 C3 08•43'16" N 08•39'42"E 985.41 149.99 149.135 1 20' P.U.E. IR� c \ _ 20' P.U.E. IRF -- s. 7 r — __r :`P 1 ! se 1 b1 , ! 1 .d 1 1 I ��j 17 1 kP? 1 12'� 1 15' FIRELINE EASEMENT 15' FIRELINE EASEMENT LOTI 8.000 ACRES 15' P.U.E. IRS 76'5 1 1 1 R FR OPpSEp ARK VA `5 „W � P g'IRF 1 B E Y °Rive �7p R 1 Y 07' 66/ P.O.B. Ski IRS SCALE: 1 "= 100' EXHIBIT " A" OF FINAL PLAT OF WYOMING SPRINGS MEDICAL CLINIC ADDITION Baker- Alcklen & Associates, Inc. Engineers/Surveyors 4 AREA gym ira & 7 14 440.40`%00' • 4� ; 0 IMIrpttil 11.},‘ Atikevik 1114 " WItirkler • AR SUMMARY ENTITY CONTRIBUTING ACREAGE Rehbo•n ltw.eh 70.789 M R w. abM land Lm. 1.219 A. 1 M'•m 1 n9 SWIM. M. 9.000 M. Round Rook Reek IN/Sod can. 744100 d•. Wa W 1poO 1.903 *0. CAIRN R.O.W. 9.849 As. Proposed RA.W. 7377 *0. Tat 116194 MA IPLI*4-. 1,4% fm"." 1011 , joraj BRkp- AIO0.n aa...el.w,k EXHIBIT COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES X20 CULVERT AND APPURTENANCES AT THE END OF OLD SALTERS LANE R.O.W. EXHIBIT B DEC. 1999 958- 301 -18 1 This Cost Participation Agreement is entered into by and between HCFD, ROUND ROCK, LTD., a Texas limited partnership, (the "Owners ") and the City of Round Rock, Texas, Texas home -rule municipality, (the "City ") on this the 2.Q day of , , 1999. C:\ "r "n"\ROse.t_a.wP"i.a. COST PARTICIPATION AGREEMENT RECITALS WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", Lot 2, attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; ARTICLE I CONDITIONS 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas.' 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson 3. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement shall be of no force and effect. 4. Any notice required under follows: City: Owners: ARTICLE II MISCELLANEOUS PROVISIONS Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 HCFD, ROUND ROCK, LTD. 98 San Jacinto Blvd. 18th Floor Austin, Texas 78701 EXECUTED ON THE 20 DAY OF NIC.64 , 1999. CITY OF ROUND ROCK, TEXAS HCFD, ROUND ROCK, LTD. By: Ken Its County, Texas. this agreement shall be addressed as • V t ergs o 468234, - 2 400.27' (s✓ _ 3'35"C 40.3]7 a ss r $11r LIl 1, L ., 0662730 4 400.29 .7 8, 420 � .r 07631331 LIO 2 4 :- ------ - " hrcCr��Y y_. T /Lb (, 1$0 i 05'0 „00.94) 066 T: ' wa R8L 620 - ROUND IDGK AVE (500 8.02 .080 Y$ , o, 2 468.27 EXHIBIT 11 A OF AMENDED PLAT OF FINAL PLAT OF ROUND ROCK MEDICAL CENTER vx Baker - Alcklen & Associates, Inc. Engineers/Surveyors COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES 620 CULVERT AND APPURTENANCES AT THE END OF OLD SHYERS LANE R.O.W. EXHIBIT B DEC. 1999 958- 301 -18 This Cost Participation Agreement is entered into by and between COLUMBIA /ST. DAVID'S HEALTHCARE SYSTEM, L.P., a Texas limited partnership, (the "Owners ") and the City of Round Rock, Texas„ ......a Texas home -rule municipality, (the "City ") on this the ,A2 day of C_ , 1999. WHEREAS, Owners are the fee simple holders of the property described in Exhibit "A ", Lot 1, attached hereto and incorporated herein, (the "Property "), and WHEREAS, the City desires to construct regional drainage facilities consisting of a culvert and appurtenances at the intersection of FM 620 and the east end of Old Smyer's Lane, as generally shown on Exhibit "B ", attached hereto and incorporated herein (the "Project "), which will benefit the Property, and WHEREAS, the City and Owners desire to share in the costs of the Project, upon the following terms and conditions; 1. In consideration of the construction of the Project and the benefits accruing to the Properties, Owners agree to pay to the City $2,400 per acre to waive on -site detention and $2,400 per acre to participate in the Project for a total one -time payment of $4,800 per acre, said amount to be paid in the same manner as drainage fees are paid pursuant to the Code of Ordinances, City of Round Rock, Texas. 2. The City reserves the right, at its sole discretion, to elect not to construct said Project. If the City elects not to construct said Project, then the above - described fee shall not be due and owing, or if already paid, shall be returned to the Owners. 3. If City elects to construct said Project, then the Owners agree to dedicate to the City permanent public utility easements and temporary construction easements necessary for the Project, both easements to be in a form acceptable to the City. C \MY OORT.,",Ts,OSP!T,."e" /Cdc COST PARTICIPATION AGREEMENT RECITALS ARTICLE I CONDITIONS ARTICLE II City: Owners: MISCELLANEOUS PROVISIONS 1. This agreement shall be binding on Owners, their heirs, successors, and assigns or on any person or entity acquiring an ownership interest in the Property. 2. This agreement is performable in Williamson County, Texas. 3. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement shall be of no force and effect. 4. Any notice required under this agreement shall be addressed as follows: Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 EXECUTED ON THE a-O DAY OF_ , 1999. COLUMBIA /ST. DAVID'S HEALTHCARE SYSTEM, L.P. 98 San Jacinto Blvd. 18th Floor Austin, Texas 78701 CITY OF ROUND ROCK, TEXAS ROBERT A. S Yom., JR., MAYOR COLUMBIA /ST. DAVID'S HEALTHCARE SYSTEM, L.P. Its : R5423't1Z a 0 �6 V '- r / ir i 0;" iii - -; • 1 %T2T90'i, 506.99' ILL. 620 — mum HOCK AW- 145.3 1- co = w VEER EXHIBIT" A” OF AMENDED PLAT OF FINAL PLAT OF ROUND ROCK MEDICAL CENTER Baker - Alcklen & Associates, Inc. Engineer /Surveyors AREA SUMMARY ENTRY CONTRIBUTING ACREAGE 5ofi400 100* 70.259 24. Robinson land Lm 1.219 50. W1. 6PIR02 loo. 1.000 M. Round Reel. U dkd Cum 24.000 M. WalRneno 1.1/0 24. EobRnb R.O.W. 0.645 M. _ Pmyewd R.O.W. 2472 M. Told 110.154 24. COST PARTICIPATION AGREEMENT TO CONSTRUCT REGIONAL DRAINAGE FACILITIES M 620 CULVERT AND APPURTENANCES AT THE END OF OLD SHYERS LANE R.O.W. EXHIBIT B DEC. 1999 958- 301 -18 03/30/2004 13:27 5122183242 DATE: November 16, 2000 FROM: Don RundeII, Public Works Senior Engineer SUBJECT: RM. 620 Culvert Cost Participation Agreement TRANSPORTATION SVC PAGE 02 INTEROFFICE MEMORANDUM TO: Danny Halden, Mark Remmert, Alysha Girard, Brian Baird, Jim Nuse, Toe Vining and Lynn Olsen The purpose of this memorandum is to assure that the City of Round Rock collects the $2,400.00 per acre cost to waive on -site detention and the $2,400.00 per acre to participate in the R.M. 620 Box Culvert Pmject from each property per the "December 1999 -Cost Participation Agreements". Attached is a copy of the "Cost Participation Agreement to Construct Regional Drainage Facilities" at the end of Old Stayers Lane and R.M. 620. Since, all the agreements have the same language I have only attached one for your reference. The agreement also includes an arca map, as Exhibit "B" w said agreement. Effective today, please review the attached agreement and advise your staff to start applying the conditinns of the agreements to the properties shown in Exhibit "B" of the agreements and listed herein. These fees are to be collected in the same manner as drainage fees are paid pursuant to the code of ordinances, City of Round Rock, Texas. The following properti are a party to this agreement: m010 rA -7u0d 1 7: dA Robinson Land L.L.P. (P327570) - (9.377Ac.) Robinson Ranch (R.315619) - (1.219Ac.) Robinson Land L.L.P. (R315215) - (14.878Ac.) Robinson Land L.L.P. (R327575) - (1.34 Mc) Robinson Land L.L.P. (R325932) - (7.086 Ac.) Robinson Land L.L.P. (1465/427) - (37.571 Ac.) Wyoming Springs Investment, L.L.C. (Lot 1, Block "A ", Wyoming Springs Medical Clinic Addition) — (8.000 Ac.) Round Rock Medical Center Amended Plat (Lot 1) — (18.660 Ac.) Round Rock Medical Center Amended Plat (Lot 2) — (5.340 Ac.) TOTAL ACREAGE = 103.48 Ac. The acreage contained in these areas Walgreen's, Existing R.O.W., and Proposed R.O.W. are not party to this agreement and no drainage or cost participation fees are attached to said properties. The design of the Regional Detention Facilities (Box Culverts under R.M. 620 and Channel. Improvements) in underway. Once, completed (2/28/01) the construction plans will be turned over to TxDOT who will bid (6/01) and manage the construction. Should you have any questions or need additional clarification, please call Don Runde]] or Danny Halden, 218 -5555. C:1Myl3ocurneets1620 Cost Par Agrcrnmrnt Memo.doc 51 221 83747 98% P.62