Contract - RSP Partners, SEDC DECVO, Siena MUD 1&2 - 2/25/2016FOURTH 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)1
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 terns 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
By:
Alan McGraw{{ Mayor
Date: �J , 2016
Acknowledgement
This instrument was acknowledged before me on this?j day of 2016,
by Alan McGraw, Mayor of the City of Round Rock, on behalf of said municipality.
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SARA LEIGH WHITE Notary Public, State of Texas
My COMMISSION EXPIRES
July 11, 2016
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RSP PARTNERS DEVELOPMENT, LP.,
a Texas limited partnership
By: RSP GP, INC.,
a Texas corporation,
its General artne Q �
By:
John S. Lloyd, President
Date: %Cc,� as 2016
Acknowledgement
This instrument was acknowledged before me on thisA, Lday 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.
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SEDC DEVCO, INC.,
a Texas corporation
By:
John S. Lloyd, President
Date: mQ rcV\ - ,a, , 2016
Acknowledgement
This instrument was acknowledged before
by John S. Lloyd, President of SEDC Devco,
corporation.
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SIENA MUNICIPAL UTILITY DISTRICT NO. I
By:
Kelley Cloud, Vice President
Board of Directors
Date: March 23, 2016
Acknowledgement
This instrument was acknowledged before me on this 23rd day of March, 2016, by Kelley
Cloud, Vice President, Board of Directors of Siena Municipal Utility District No. 1, on behalf of
said District.
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SIENA MUNICIPAL UTILITY DISTRICT NO.2
By: �kv
Tony StetVice President
Board of hectors
Date: March 23, 2016
Acknowledgement
This instrument was acknowledged before me on this 23rd day of March, 2016, by Tony
Stein, Vice President, Board of Directors of Siena Municipal Utility District No. 2, on behalf of
said District.
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EXHIBIT "A"
DESCRIPTION OF ANNEXATION TRACT
22.31 Acres
A PARCEL OF LAND IN WILLIAMSON 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. 2006018852 OF THE OFFICIAL PUBLIC RECORDS OF WIL LIAMSON COUNTY, TEXAS,
AND fiE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a cut off post 0.6 fleet tel with a cross cut notched In the top in the South Lina
of the said Millard Survey at Lha SouthwOst Comer Of that 72 Acre Tract of land conveyed to
Margie Crayon Snell by deet recorded in Volume 2418, page 31, of ft Official Records or
WIllameon County, Texas, tha same being a corner In the East Una of that 148.36 Acre Traci
of land conveyed to Batty Carol Finn and Ric hard Uardon by dead recorded In Volume 2091,
Page 314 of the Of iai Records of Witliarnson County, Texas, from which point the Scuttmw
Comer of the said Henry &SAard Survey bears approximately S.71'25144v., 2510.24 feet;
THENCE N.18'4 -FW N., along the West Une of the sold 72 Acre Tnect, the same being the
East Una of the said 148.36 Acre Tract, a disWnce of 1731.51 feet to a'%' iron rod found at the
Northwest Connor of that 13.50 Aare Tract corNeyed to Double J investments, Ltd., by deed
recorded In Document No. 2005069959 of the Of dal Public Records of Williamson County,
Texas, the Nortlxssat Comer of the said 148.36 Acre Tract and the southerly Southeast Corner
of that 180.50 Afa'e Tract owwayed to Stephen Lea Pritchard Family Trust and Nancy Kay
Prtt lmrd Ohlendorf Family Trust by deed recorded in Volume 168€7, Page 972 of the Ofrictai
Records of WAilarrmon County, Texas, and the Point of Beginning;
THENCE continue N.16'4639W., along the Wast Une of the sold 72 Acis Tract and the East
Line of the sold 190.50 Azle Tract, a distance of 776.63 tet to a ill` iron rod set at the
Northwest Corner of the 72 Aare Tract and a oomer In the East Una of the said 100.60 Acre
Tract
THENCE N.71.15'27'E., along the North Una of the 72 Acre Tract and the South Line of the
190.50 Acre Tract, In part, at a distance of 1224.73 feet pass a 112' Iron rad found at an angle
point In said Synth Une, In all a total dunce of 1248.11) feet to a 1/2` Iron rod found at the
Northeast Corner of the said 72 Acre Tract and the Northwest Comer of that 7134 Acre Tract of
land conveyed to Eleanor Olson, Andrew Olson and Dorthea Jacob by deed recorded in
Volume 585, Page 131 d the Dead Records of Williamson County, Texas;
THENCE S.18"44W*E., along the East Lined the 72 Acro Tract and tha West Unca of the
71 112 Acre Tract, a distance of 780.87 feet to a 1/2' Iron rod set at the Northeast Comer of the
said 13.59 Acre Tract,
THENCE S.71'27'O9'W., 8)009 the North Line Of the 19,59 Arae Trot and Grossing the said 72
Arne Trac4 a distances of 1247.85 feet to the said Print of Beginning.
Contalning 22.31 acres, more or lose.
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(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]
(W0547718.31 B-3
EXHIBIT "C"
CONCEPT PLAN
(W0547718.3) C-1