R-2016-3248 - 2/25/2016RESOLUTION NO. R-2016-3248
WHEREAS, the City of Round Rock has previously entered into a Consent Agreement with
Double J Investments, L.P., now RSP Partners Development, L.P., ("Developer") regarding the
creation of two Municipal Utility Districts named Williamson County Municipal Utility District Nos.
19 and 20, now named Siena Municipal Utility District No. 1 and Siena Municipal Utility District No.
2 ("Districts"), and
WHEREAS, by Resolution No. R -06-10-12-11E1, the City approved an Amended and
Restated Consent Agreement with Developer, and
WHEREAS, by Resolution No. R -08-12-18-7G1, the City approved the First Amendment to
the Amended and Restated Consent Agreement with Developer to extend the deadline and to modify
certain terms and conditions, and
WHEREAS, by Resolution No. R-10-07-22-1OD1, the City approved the Second Amendment
to the aforesaid Agreement with Developer to provide that the City's reimbursement be made in
progress payments during the construction of the McNutt Interceptor, and
WHEREAS, by Resolution No. R -13-11-26-F3, the City approved the Third Amendment to
said Agreement to state that Williamson County will assume sole responsibility for review and
approval of all construction plans, development plans, preliminary plans and subdivision plats with the
Districts, and
WHEREAS, the City Council now wishes to approve the Fourth Amendment to the aforesaid
Agreement to add approximately 22.31 acres of land into the boundaries of Siena Municipal Utility
District No. 2, 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 the Fourth
Amendment to Amended and Restated Consent Agreement Among City of Round Rock, Texas, RSP
Partners Development, L.P., SEDC Devco, Inc., Siena Municipal Utility District No. 1, and Siena
0112.1604;00351834
Municipal Utility District No. 2, a copy of same being attached hereto as Exhibit "A" 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,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 25th day of February, 2016.
ATTEST: n'
CA,=�- / V l XJtAL
SARA L. WHITE, City Clerk
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
«A„
.00
FOURTH AMENDMENT TO
AMENDED AND RESTATED CONSENT AGREEMENT
AMONG CITY OF ROUND ROCK, TEXAS,
RSP PARTNERS DEVELOPMENT, L.P.,
(FORMERLY DOUBLE J INVESTMENTS, L.P.),
SEDC DEVCO, INC.,
SIENA MUNICIPAL UTILITY DISTRICT NO. 1 AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 2,
(FORMERLY WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NOS. 19 AND 20)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This Fourth Amendment to the Amended and Restated Consent Agreement ("Fourth
Amendment") is entered into among the City of Round Rock, Texas, a home rule city located in
Williamson County, Texas (the "City"), RSP Partners Development, L.P., a Texas limited
partnership ("Developer"), SEDC Devco, Inc., a Texas corporation ("SEDC"), Siena Municipal
Utility District No. 1 ("District No. 1"), and Siena Municipal Utility District No. 2 ("District No.
2"), or Districts (the "Districts") as appropriate.
RECITALS
WHEREAS, the City and Developer entered into the Amended and Restated Consent
Agreement (as amended by the First Amendment, Second Amendment and Third Amendment,
as each is defined below, the "Consent Agreement") as of October 18, 2006, and the Districts
have joined in the Consent Agreement; and
WHEREAS, the City and Developer entered into the First Amendment to the Amended
and Restated Consent Agreement as of December 18, 2008 (the "First Amendment"), and the
Districts have joined in the First Amendment upon organization of their respective boards of
directors; and
WHEREAS, the City, Developer and the Districts entered into the Second Amendment to
the Amended and Restated Consent Agreement as of July 22, 2010 (the "Second Amendment");
and
WHEREAS, the City, Developer, SEDC and the Districts entered into the Third
Amendment to and Partial Assignment of Amended and Restated Consent Agreement as of
November 26, 2013 (the "Third Amendment"); and
WHEREAS, Developer and SEDC desire to add approximately 22.31 acres of land (the
"Annexation Tract"), a legal description of which is attached hereto as Exhibit "A", which
Annexation Tract is owned and will be developed by SEDC and constitute a portion of the
"SEDC Land" (as defined in the Third Amendment), into the boundaries of District No. 2.
(W0547718.3)
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to amend the Consent Agreement as follows:
ARTICLE I
Annexation of Land into District No. 2
The City hereby consents to the inclusion of the Annexation Tract into the boundaries of
District No. 2 and concurrent with the City's approval of this Fourth Amendment, approves the
Resolution attached as Exhibit "B", consenting to the inclusion of the Annexation Tract into the
boundaries of District No. 2. and addition of the Annexation Tract to the approved Concept Plan
attached to the Consent Agreement. A copy of the Concept Plan with the addition of the
Annexation Tract is attached hereto as Exhibit "C".
ARTICLE II
Defined Terms
All terms delineated with initial capital letters in this Fourth Amendment that are defined
in the Consent Agreement will have the same meanings in this Fourth Amendment. Other terms
have the meanings commonly ascribed to them.
ARTICLE III
Effect of Amendment
Except as specifically provided in this Fourth Amendment, the terms of the Consent
Agreement will continue to govern the rights and obligations of the parties, and all terms of the
Consent Agreement will remain in full force and effect. If there is any conflict or inconsistency
between this Fourth Amendment and the Consent Agreement, this Fourth Amendment will
control and modify the Consent Agreement.
ARTICLE IV
Execution; Counterparts
To facilitate execution, this Fourth Amendment may be executed in any number of
counterparts, and it will not be necessary that the signatures of all parties be contained on any
one counterpart. Additionally, for purposes of facilitating the execution of this Fourth
Amendment: (a) the signature pages taken from separate, individually executed counterparts of
this Fourth Amendment may be combined to form multiple fully executed counterparts; and (b) a
facsimile signature will be deemed to be an original signature for all purposes. All executed
counterparts of this Fourth Amendment will be deemed to be originals, but such counterparts,
when taken together, will constitute one and the same instrument.
IN WITNESS WHEREOF, the undersigned parties have executed this Fourth
Amendment on the dates indicated below.
[Signature Pages to Follow]
(W0547718.3) 2
CITY OF ROUND ROCK
Alan McGraw, Mayor
Date: , 2016
Acknowledgement
This instrument was acknowledged before me on this day of , 2016,
by Alan McGraw, Mayor of the City of Round Rock, on behalf of said municipality.
(SEAL)
Notary Public, State of Texas
{ W0547718.31
RSP PARTNERS DEVELOPMENT, LP.,
a Texas limited partnership
By: RSP GP, INC.,
a Texas corporation,
its General Partner
itz
John S. Lloyd, President
Date: , 2016
Acknowledgement
This instrument was acknowledged before me on this day of , 2016,
by John S. Lloyd, President of RSP GP, Inc., a Texas corporation, the General Partner of RSP
Partners Development, LP, a Texas limited partnership, on behalf of said entities.
(SEAL)
Notary Public, State of Texas
(W0547718.31
SEDC DEVCO, INC.,
a Texas corporation
John S. Lloyd, President
Date: , 2016
Acknowledgement
This instrument was acknowledged before me on this day of , 2016,
by John S. Lloyd, President of SEDC Devco, Inc., a Texas corporation, on behalf of said
corporation.
(SEAL)
Notary Public, State of Texas
(W0547718.3)
SIENA MUNICIPAL UTILITY DISTRICT NO. I
James R. Cone, President
Board of Directors
Date: , 2016
Acknowledgement
This instrument was acknowledged before me on this day of , 2016,
by James R. Cone, President, Board of Directors of Siena Municipal Utility District No. 1, on
behalf of said District.
(SEAL)
Notary Public, State of Texas
(W0547718.31
SIENA MUNICIPAL UTILITY DISTRICT NO.2
Jeff P. O'Jibway, President
Board of Directors
Date: 2016
Acknowledgement
This instrument was acknowledged before me on this day of , 2016,
by Jeff P. O'Jibway, President, Board of Directors of Siena Municipal Utility District No. 2, on
behalf of said District.
(SEAL)
Notary Public, State of Texas
(W0547718.31
EXHIBIT "A"
DESCRIPTION OF ANNEXATION TRACT
22.31 Acres
A PARCEL OF LAND IN WILUAMSON COUNTY, TEXAS, BEING A PART OF THE HENRY
MILLARD SURVEY, ABSTRACT No, 452, AND BEING A PART OF THAT TRACT OF LAND
CONVEYED TO CHASITY L CHRISTIAN BY DEED RECORDED IN DOCUMENT
No. 2006019852 OF THE OFFiCX PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND $SING MORE PARTICULARLY DESCRIBER AS FOLLOWS:
COMMENCE at a cut off post 0.5 fent tail with a doss cut notched In the top In the South Una
of the said Millard Survey at the Southwest Corner of that 72 Acre Tract of land conveyed to
Margie CrayWn Snail by deem reoorded In Volume 2019, Page 31, of the Official Records of
Williamson County, Taxan, ttte same being a comer In the East Lino of haat 148.36 Acre Tract
of land conveyed to Betty Carol Finn and Richard Uardon by dead recorded In Volume 2091,
Page 314 of the Official Records of WIIliamson County, Texas, from *Hth point the SouUvveut
Croner of the sold Henry Millard Survey bears approximately S.7112&44'YY., 2510.24 feet;
THENCE N.18145'3M., along the West Line of the said 72 Acre Tract, the same being the
East Luse of the said 148.36 Acre Tract, a distance of 1731.51 feet to a %* iron rod found at the
Northvvest Camor of that 13.50 Acre Tract conveyed to Double J investments, Ltd., by deed
rwordied in Do=neent No. 2446069959 of the OffrtAai Public Rwxwda of WVlamson County,
Texas, the Noftheesak Comer of the said 148.38 Acre Tract and the souftrty Southeast Coff*r
of that 190.50 Acre Tract corwayed to Stephen Lee Pritchard Family Trust and Nancy Key
Pritchard Ohlendorf Family Trust by deed recorded In Volume 1980, Page 972 of the Official
Records of Williamson County, Texas, and the Point of Beginning,
THENCE continue N.18145'39'W., along the West Une of the said T2 Acre Tract and thea hast
Una of Uv said 190.50 Acre Traci, a distance of 776.63 feet to s ILP iron nod W at the
Northwest Corner of the 72 Acre Tact and a comer In the East Una of the said 180.60 Acre
Trani~
THENCE N.71"! 5"2rE,, along the North Lina of the 72 Arae Traci and the South Una of the
19o.so Acne Tact, In part, at a dtstance of 1224.73 feet pass a 1/2" Iron rod found at an angio
point In said South Una, In all s total distance of 1248,10 foot to a 112` Iron rod found at the
Northeast Corner of the said 72 Arne Tract and the Northwest Comer of that 71 % Akre Tract of
land conveyed to Eleanor Olson, Andrew Olson and Dort1w Jacob by deed recorded in
Volume 595, Page 131 of the Deed Records of Wirlamson County, Texaw,
THENCE S.19*44'3 ., along the East lana of the 72 Acro Tract and the West Una of the
71 112 Aare Tract. a distance of 780.87 feet to a 112` Iron rod set at the Northeast Comer of the
said 13.58 Acre Tract;
THENCE S.71-2T09'W., along the Nodh Lina of Lire 15.59 Arae Tract and corowIng the said 72
Acre Tract, a distance of 1247.85 feet to the said Point of Begirming.
Containing 22.31 saw, more or less.
Kerinethh wedpand
Re�s'.ared Psvfeai�anel Lend 5taveyor No. trT41
State of Teas
RJ 5cuverying, int.
1212 East Baker Lane
Austin, Twws 78753
(W0547718.3) A- I
EXHIBIT "B"
A RESOLUTION GRANTING THE CONSENT OF THE
CITY OF ROUND ROCK, TEXAS,
TO THE ANNEXATION OF ADDITIONAL LAND INTO THE
BOUNDARIES OF SIENA MUNICIPAL UTILITY DISTRICT NO.2
WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION
RESOLUTION NO.
WHEREAS, the City of Round Rock has received a Petition for Consent to the
Annexation of Additional Land into the Boundaries of Siena Municipal Utility District No. 2
("District No. 2") located in the City's extraterritorial jurisdiction, a copy of which petition is
attached as Exhibit 1;
WHEREAS, the City granted consent to the creation of District No. 2 on September 22,
2005;
WHEREAS, the petitioner desires to include additional acreage in District No. 2 and the
City is willing to include such additional acreage; and
WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Local
Government Code provide that land within a city's extraterritorial jurisdiction may not be
included within a district without the city's written consent; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ROUND ROCK, TEXAS:
Section 1. That the City Council of the City of Round Rock, Texas, gives its written
consent to the annexation of approximately 22.31 acres, described on Exhibit "A" attached
hereto, into District No. 2.
PASSED AND APPROVED on the day of , 2016.
ATTEST:
City Secretary
(W0547718.3) B-1
Mayor, City of Round Rock
APPROVED:
City Attorney
Exhibit 1
[attach]
(W0547718.3) B-2
Exhibit "A"
[attach]
(W0547718.3) B-3
EXHIBIT "C"
CONCEPT PLAN
(W0547718.3) C-1