Loading...
R-13-05-23-I1 - 5/23/2013RESOLUTION NO. R -13-05-23-I1 WHEREAS, KB Home Lone Star, Inc. ("Developer") plans to acquire and develop 158.006 acres of land known as the Freeman Tract, as described in Exhibit "A" to the Development Agreement ("Development"); and WHEREAS, Developer proposes to construct an extension of Forest Ridge Boulevard through a 2.426 acre tract owned by the City of Round Rock ("City"); and WHEREAS, the City and Developer desire to enter into a Development Agreement to identify the responsibilities of the Developer and the City in regards to the construction of certain improvements warranted by the proposed Development, 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 attached Development Agreement, 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 23rd day of May, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0:4dox\SCC1nts\0112\1304\MUNICIPAL\0027451 LDOC/rmc EXHIBIT „A„ DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is made by and between KB HOME LONE STAR, INC., a Texas corporation, hereinafter called the "Developer", and the CITY OF ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly authorized officials. RECITALS: WHEREAS, the Developer has contracted to acquire an approximately 158.006 acre tract of land at the location described in Exhibit "A", attached hereto (the "Property") pursuant to that certain Agreement for Purchase and Sale of Real Property dated October 1, 2012, between Developer, as buyer, and the Marvin H. Freeman Testamentary Trust, and the Estate of Maurine Freeman, Deceased, collectively as seller; and WHEREAS, the City owns approximately 2.426 acres of land at the location described in Exhibit "B", attached hereto (the "City Property"); and WHEREAS, the Developer intends to develop the Property as a Planned Unit Development following its acquisition of the Property, which shall include up to 250 residential lots ("the Project"); and WHEREAS, a Traffic Impact Analysis ("TIA") was conducted and recently approved by the City for the Project; and WHEREAS, the TIA indicates the need for the construction of the extension of Forest Ridge Boulevard through the Property and the City Property at the location described in Exhibit "C", attached hereto (the "Road Extension"); and WHEREAS, the TIA also indicates the need for a future traffic signal at the intersection of Forest Ridge Blvd. and Red Bud Lane at the location described in Exhibit "D", attached hereto (the "Traffic Signal Improvement'); and WHEREAS, the City desires to cooperate with the Developer to facilitate the construction of the Road Extension and the Traffic Signal Improvement; and WHEREAS, the City and the Developer desire to cooperate in the utilization of a reuse water system to irrigate certain common areas and rights-of-way within the Property and the Joe Freeman Memorial Park located both within the Property and the City Property; and 00274051.DOCX WHEREAS, the Developer further agrees to be responsible for certain tree mitigation requirements, trail construction and repair, and wall construction on the Property, City Property and other property as described herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, Developer and City do hereby agree as follows: Article 1. Developer Participation 1.1 Project Schedule. Developer intends to commence construction of the Project in 2013. 1.2 Road Extension. The Developer agrees to construct the Road Extension, being the extension of Forest Ridge Boulevard, as a forty (40') foot wide neighborhood collector within a sixty-five (65') foot right-of-way through the Property and the City Property at the location shown in Exhibit "C". 1.2.1 Timing of Road Extension. The Developer agrees to complete the Road Extension simultaneously with the construction of the subdivision improvements for the first phase of the Property. At Developer's option, the Developer may post a bond with a security company approved by the City in an amount of the estimated cost to complete the subdivision improvements to allow for the recordation of the first final plat of the Property during construction of the Road Extension. No residential building permits will be issued until the Road Extension is completed and accepted by the City, except for building permits for the construction of model homes, as described in Section 1.7, below. 1.2.2 Road Standards. The Road Extension will be designed pursuant to City standards for a neighborhood collector roadway and the design plans shall be approved by the City prior to construction, which approval shall not be unreasonably withheld, conditioned or delayed. 1.2.3 Maintenance and Wai7anty. Prior to issuance of the letter of acceptance by the Planning and Development Services Director ►11 pursuant to Section 36-207 of the Round Rock Code of Ordinances, the Developer will provide a two (2) year maintenance guarantee in favor of the City by means of a warranty bond, subject to the approval of the City, in the form specified in the City's Development Packet. 1.3 Traffic Signal Improvement. Prior to the recordation of the first final plat on the Property or the issuance of the first subdivision improvement permit (including the Road Extension), the Developer shall place $110,000 into an escrow account with the City, said sum being the Developer's pro -rata share of the estimated amount needed to design and construct the Traffic Signal Improvement. At Developer's option, the Developer may post a performance bond with a security company approved by the City in the amount of the escrowed sum, in lieu of the escrowed amount. Said sum may be utilized by the City to construct and install the Traffic Signal Improvement as stated in Article 2, below, provided that the City shall provide to Developer at least thirty (30) days prior written notice before drawing on said performance bond to allow the Developer to replace said bond with cash. 1.4 Wall Construction and Landscaping. The Developer agrees to construct a wall of a natural sandstone/limestone blend in conformance with the wall constructed within the PUD. The wall shall be eight (8') feet high along the City Property boundary abutting Forest Bluff, Section I B, Lots 18, 19, 20, 21 and 31, and six (6') feet high abutting Forest Bluff, Section 1C. Block B, Lot 1, at the locations shown on Exhibit "E", attached hereto. The Developer will also be responsible for installing all of the right-of-way landscaping and associated irrigation required in the PUD. No residential building permits will be issued until the landscaping, irrigation and the walls are installed and pass inspection by the City. After installation, the homeowners' association for the Property will be responsible for the repair and maintenance of all walls, landscaping and associated irrigation on and within both the Property and the City Property. 1.5 Park/Trail Improvements. The Developer agrees to design and construct the realignment of the Brushy Creels Trail through the City Property as required by the construction of the Roadway Extension and in conformance with the trail as constructed within the PUD. The trail design and location shall be approved by the City Parks Department in advance of construction. The trail shall be constructed simultaneously with the construction of the Roadway Extension and completed and accepted by the City prior to the issuance of any residential building permits, excluding permits for model homes as stated in Section 1.7 3. below. The Developer further agrees to re -design, repair and/or relocate the existing trail and/or other existing park amenities and structures if the Developer causes any damage to said improvements. 1.6 Tree Mitigation. The Developer agrees to follow all the City Tree Mitigation requirements for the City Property, as stated in Chapter 43 of the City Code of Ordinances, including mitigation of trees removed on the City Property due to the Roadway Extension. 1.7 Model Homes. The Developer may construct up to four (4) model homes conditioned upon compliance with all provisions stated in Section 10-51 of the Round Rock Code of Ordinances. Article 2. City Participation 2.1 Traffic Signal Improvement. The TIA indicates the necessity for the construction of the Traffic Signal Improvement at the intersection of Forest Ridge Boulevard and Red Bud Lane. The City shall be responsible for the installation and construction of the Traffic Signal Improvement utilizing the above-described $110,000 escrow payment or performance bond. Any costs over and above the $110,000 shall be the City's responsibility. 2.2 Timing. The City shall construct or cause to be constructed the Traffic Signal Improvement pursuant to the requirements of the Texas Manual of Uniform Traffic Control Devices. If, however, the warrants are not met within two (2) years after the recordation of the last final plat for the Project, the City shall release the $110,000 escrow payment or bond and the Developer shall have no further obligation regarding the Traffic Signal Improvement. Article 3. Reuse Water 3.1. Utilization of Reuse Water. The City will construct and maintain, at its sole cost, a reuse water line (the "Reuse Water System") from the Brushy Creek treatment plant to a location agreeable to both parties based on the final subdivision improvement plan design, but generally located and terminating within the area shown on Exhibit "F", attached hereto. The City shall use its best efforts to construct the Reuse Water System to the location described above no later than January 30, 2014. The Reuse Water System shall only be used to irrigate common areas and rights-of-way with the subdivision and the Joe Freeman Memorial Park. 5 No cross connection between the reuse water system and the potable water system shall be perinitted. Following the City's installation of the Reuse Water System to the location described above, the Developer shall pay all costs to purchase, install and maintain the Reuse Water System, including the meters, within the common areas and rights-of-way and the Joe Freeman Memorial Park. The City will take over operation and maintenance of the Water Reuse System and meter within the Joe Freeman Memorial Park installed by Developer after the Water Reuse System is accepted by the City. The homeowners' association for the Property will take over the operation and maintenance of the Reuse Water System beyond the city water meter within the common areas and the Forest Ridge Boulevard right-of- way. ight-ofway. 3.2 Posting of Notice. The Developer shall post signs at both subdivision entrances at Forest Ridge Drive indicating that the reuse water is being utilized in the common areas. Advisory signs shall include the text "Do Not Drink" in in English and Spanish, along with the equivalent international symbols as described in Chapter 30, Section 210 of the Texas Administrative Code. The homeowner's association for the Property shall be responsible for repairing, maintaining and replacing the signs after installation. 3.3 Discontinuance of Service. Any major deviations from the requirements set forth herein, or any actions regarding the utilization of the reuse water system affecting the public health and safety (as determined by the City) may result in a discontinuance of the reuse water system. 3.4 Unauthorized Work and Disconnection. No person shall tamper with, work on, or otherwise alter or damage the reuse water system without the express authorization of the City. 3.5 Reuse Water Rates and Procedures. The volume rate per 1,000 gallons of use for reuse water shall be 75% of the Rate Block One, as stated and amended in Section 44-29 of the City of Round Rock Code of Ordinances. This rate is irrespective of the amount of reuse water used in any given month and regardless of meter size. All utility billing procedures and requirements as described in Sections 44-29 through 44-33 of the Round Rock Code of Ordinances shall apply to the utilization of reuse water. No water impact fees shall be owed for reuse water utilization. 3.6 Irrigation Requirements. Reuse water is not subject to the City's Drought Contingency Plan, including water restrictions. 5. Article 4. Miscellaneous 4.1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions of this Agreement. 4.2 Representations and Warranties. The City represents and warrants to the Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 4.3 Default. If either the City or the Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a period of thirty (30) days to cure such default, provided, however, if the nature of the default does not involve the payment of money and is such that it cannot be reasonably cured within thirty (30) days, then the defaulting party shall have such time as is reasonably necessary to cure the default so long as the cure is commenced in thirty (30) days and diligently pursued to completion, prior to instituting an action for breach or pursuing any other remedy for default. If the defaulting party remains in default after notice and opportunity to cure, the non -defaulting party shall have the right to pursue any remedy at law or in equity for the defaulting party's breach. 4.4 Attorney's Fees. In the event any legal action or proceeding is commenced between the City and the Developer to enforce provisions of this Agreement and recover damages for breach, the prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and expenses incurred by reason of such action, to the extent allowed by law. 4.5 Entire Agreement. This Agreement contains the entire agreement between the parties. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 4.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. 4.7 Assignment. The obligations of Developer hereunder shall run with the land. The Developer may assign all or part of its rights and obligations to a third party without the written consent of the City; so long as the assignee has the 0 financial ability and development experience to perform the obligations of Developer hereunder. 4.8 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 4.9 Termination. The City may terminate this Agreement if the extension to Forest Creek Boulevard is not open to the public within five (5) years after the Effective Date. 4.10 Notice. Any notice and or statement required and permitted to be delivered shall be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: Developer: KB Home Lone Star, Inc. 10800 Pecan Park, #200 Austin, Texas 78750 Ph: (512) 651-8100 City: Steve Norwood, City Manager City of Round Rock 221 East Main St. Round Rock, TX 78664 Ph: (512) 218-5400 Fx: (512) 218-7097 with a copy to: City Attorney 309 East Main St. Round Rock, TX 78664 Ph: (512) 255-8877 Fx: (512) 255-8986 Either party may designate a different address at any time upon written notice to the other party. 4.11 Interpretation. Each of the patties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial draft of this Agreement, this Agreement shall, in 7. the event of any dispute, however its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any party. 4.12 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in Williamson County, Texas. 4.13 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties of this Agreement that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.14 Paragrgph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 4.15 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges, or causes of action upon any third party. 4.16 Exhibits. The following Exhibits are attached and incorporated by reference for all purposes: Exhibit "A" Property Description Exhibit "B" City Property Description Exhibit "C" Road Extension Location Exhibit "D" Traffic Signal Improvement Location Exhibit "E" Wall Location Exhibit "F" City Reuse Water System Termination Location s. 4.17 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. 4.18 Effective Date. This Agreement becomes effective when signed by the City. IN WITNESS WHEREOF, DEVELOPER AND THE CITY have executed duplicate counterparts to effectuate this Agreement to be effective as of the last date of due execution. Attest: Sara White, City Secretary KB HOME LONE STAR, INC. M John Zinsmeyer, Vice -President Date: THE CITY OF ROUND ROCK, TEXAS I: Date: 9. Alan McGraw, Mayor City of Round Rock, Texas EXHIBIT A Property Description EXHIBIT - A 158.006 ACM!$ JOSEPH MARWLL SURVEY, AUTRACT4M WILLIAMSON t DUN1Y, T EW TnLt FIELD NOTES BEING ALL OF THAT CERTA(N TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING A PORTION OF THAT 317,M ACRE TRACT OF LAND CONVEYED TO THE FREEMAN FAMILY TRUST AND MARVIN H. FREEMAN ESTATE IN VOLUme 2453, PAGE 437, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, IN ALL A TOTAL OF '158,006 ACRES MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEG14NiNG, at the southwestern corner of Red Bud Aci as, a suboivision recorded in Cabinet C, Slide 71 of the Plat Records of W Illamson County, Texas (P,R. W.C.TX), common to a point in the northeastern line of Forest Ridge, Phas V, a subdivision recorded In Cabinet 0, Slides 252-152, (P.R.W.C.TX), also being an eastern corner and POINT OF BEGINNING of Cele neteln described tract THENCE, with the northern boundary line of sold Forest Ridge, Phase V, and Forest Rldge, Phase 11, a subdhAsion r::t,ardsd in Cabinet 1, Slide. 378-381, (P,R.W.C.TXI, N7620'26"W, a distance of 2508.55 feet to a point at a no►thwostPm corner of said Forest Ridge, Phase 11, comm on to an eastern corner of Revised take Forest III, Phase :11, r. subalvision recoroed in CabinQt Z, Slides 276.278, (P.R.W.C.TX), THENCE, with an eastern boundary line of said Revised Lake Forest III, Phase ill, the following three (3) courses and distances, numbered 1 through 3, 1 A00'48'49% it distance of 412.58 feet to a point 2. ?x03'44'58" E, a distance of 395.34 feet to a point, and 3. NO3'Wol"E, a distance of 501.00 fent to an northeastern corner of said Revised Lake forest III, Phase 111, tract common to a southeastern corner of a 21.191 acre tract conveyed to Gregory Stephen Carter in Document No. 2010072268, of the Official Public Records of Williamson County, Texas, (O.P.R.W.C.TX), 1. THENCE, with a southeastern bounclLry line of said 21,191 acre tract and of Lot 1, Bock A, (95.511 acres), of BnLshy Creek R*j,ional Wastewater Treatment Plant, a st:bdly*.slon recorded in Cabinet DD, Sildes 272- 27$; (P.R.W,C,T%), the following three (3) course:, numbered 1 through 3, f128'041(000 4', a distanced of 90.00 feet to a point, S. N41'56'28'1, a distance of 3$6.63 fleet to a point, and 4. N39"4S'4-'"E, a distance or 1074.14 feet to a point In a southern line of said Lot 1, Black A, (95.511 acres), of Bru:;hy Creek Regional Wastewat:V Treatment Plant. THENCE) wlth the sout,teastern boandary line said Brdshy Creex Regloral Wastewater Treatment Plant, t. e following seven (7) courses and distances, numbered i through 7, 1. N72'0r08'E, a dl,tance of 545.17 feet to a point, 1. :463 42'53°E, a distance of 317.37 feet to a point, 3. N53 00'04"E, a distance of 58.65 feet to a polnt, N4'Q'409E, a distance of 191.78 feet to a point, S. NOS,.i7'43"E, a distance of 146.50 feet to a point, 6. N31'27'17"E, a distance of 253.39 feet to a point, srd 1. N61"28'26°E, a disttnce of 449.45 feet to a point in the western line of Forest Bluff, Section IC, a subdNision recorded in Cabinet 0, Slides 34G-346, (P.R.W.C.TX), common to an eastern corner of said Brushy Creek Regional Wastewater Treatment Flant, also being the northernmost carrier of the herein desdibid tract. THENCE, with the western boundary line of said Forest Stuff, Section SC and a 2.A26 acre tract conveyed to the City of Round Rock it Document No. 2004056071, (O.P.R.W.C.TX), 501'39'27'E, a distance of 531.18 feet to a point In the western boundary fine of said 2.426 acre tract, J: 4!37-F REEMAN RO(;ND ROC<k5URVEVkFI[LA NCFrE5kF6!•FREEV 4F. TMCT 3SSAS ACRES N)6EM MARSNALLSLY M, AB5MfT4L%) WILLUNSON COUWTo Tr? AS TitLF THENCE, with whe western boundary title of said 2.426 acre tract and forest Bluff, Section IS, a subdivision ro-corded it Cabinet N, Slides 379.380, (P.R.W.C.TX), $02'4a 99'E, a distance of 452.63 feet to a point at the southwestern corner of sold forest Bluff, Section 181 common to the northwestern corner of Old Oak Estates, a subdivision recorded In Cabinet D, Slides 49-50, (P.R.W.C.TX), THENCE, with the we�tein boundary line of said Old Oak Estates, the following eleven (11) courses and distances, numbered i through 11, 2. SW29'03"E, a distance of 144,27 feat to a point, 1 S03'05'31"W, a dL• tante of 26.00 feet to a point, 3. 503'05'31"W, a distance of 54.70 feet to a paint, 4. S00'10'31"W, a distance of 23,57 feet to a point, S. 500'23'59"E, a distance of 145.45 feet to a point, 5. $02'01'2i "E, a dl;tance of 244.68 feet to a point, 7. 502'43'2<r"E, a distance of 122.98 feet to a point, 8. SJ;'12'31"W, a dlstance of 35.00 feet to a point, L'. S05%X31"W, 8 distance 0( 93.25 feet to a point, 10. S03'20'01"W, a distance of 18,34 feet to a point, and 11. S01'24'0T"4Y, a distance of 231.17 feet to a point for the southwestern corner of said Old Oak Estates taMnlbn to 3 northwestem corner of a 2.930 acre tract conveyed to 7tm and Juanita Rico In Document No. 9714617, Official Records of Williamson County, Texas (O.R.W.C.TX), 1HENCE, with the wosterr. boundary line of said 2.930 acre tract, 50019'13"E, a distance of 241.86 feet to the southwestern comer of said 2.930 acre tract, common to the northwestern corner of Woodhoilow Subdivision, a shrbdivisidn recorded In Cabinet D, Slides 328.329, (r*.R.W.C.TX). THENCE, with the western boundary line of sold WoodhoAow Subdivision, S00'36'1WE, a distance of 478.58 feet to the scu.hwt^ 'ern corner of said Woodhollow, Stbdfvision, Common to tate northwestern corner of s 1.35 acre tract coaweyed tj Druce N.:dckson in Document No. 9634736, (O.R.W.C.TX), THENCE, with thu western boundary line of said 1J5 acre tract, 502'01'00"W, a distance of 224.49 feet to a point for the ,outhweytern curve: of said 1.35 acre tract, common to th_ nortlnvestern corner of said Red Bud Acres, THENCE, with the westrrn boundary line orsaid Red Buu Acres, the following two (2) courses and distances, numocred 1 and 2, 11 SOOICM 44' E, a distance of .162.57 feet to a polat, and 2. 500'08'23"W, a distance of 47.Q6 feet to the POINT OF BEGINNING and curtaining 158.006 acres of land. "these flela notes are prepared based on racord information found in volume 2453, Oage 437, pubtic Record$ of W1111a►nhron County, Texas. No actual on-thwground aurveywtspetformed. Prei.arcd AARON V. TIMMASON, R.P.L.5_ NO. 6214 Cartsm, artBorrce and Doering, Ing, 5501 West Willlarn Cannon Austin, TX 78749 Ph: 512-280-5260 Fax; $12.280-5165 �.1?aL!r1koftrowsi 1 aIR;HG BASIS: Vol UMC 2433, PAGE 437, OFFICIALUCoapS L)MILUANSSON C.OUN'Y, roW ;; 4I�lY-iaEEN1At: � (JUNd ROCK\SVRVEY\F1K-t0 NIfTES}FMFRErMA 4 TRALT 5Kf,"'rGH -ro ACCOMPANY FIF-L t2 No -r,5 sc cc i• • �� I2 Ug"D Von 4'r tv <�r$f ,.A t "1 :68.0 }8 ACRES nW-V AN FAWT TRUST de 0 o i�fARVIN H FREEldAh' ESTATE ro 'DESRISED BY FIELD NOTES N a 1 VOL. 2453, FG. 437 v ! i O.R.W.C.TX.) W OF SHEET 1 OF 2 BFJF&D aft "L 24W, K 3.17. DR.W C V .Y`(� D Cariycm, Br}goutx & Doerhta, Inc. l��ic,'?� SixtlaA.snS��.-3�ibe 01+eeti'lfim7i`o9 riaA�Rv"Xd w.Stsa 61gRap . ti:S16S PATH:- J. 4137-fREDA AN ROUND Roa( JM\FM-FpEEk N EXHIBIT B City Property Description EXHIBIT r=age 1 of 2 11$11 PROPERTY DESCRIPTION DESCRIPTION OF A 2.426 ACRE REMAINDER 'TRACT' OF LAND SMA7ED IN THE JOSEPH MARSHAL SURVEY, ABSTRACT NO, 409, M WILLIAMSON COUNTY, TEXAS, BEING THAT TRACT OF LAND DESCRIBED AS 2.4643 ACRES CONVEYED BY INSTRUMENT TO WHITNEY PARTNERSHIP AND FOREST RIDGE INVESTMENTS, LTD. AND RECORDED IN DOCUMENT 9526622, OF THE OFFICIAL PUBLIC RECORDS OF WWIAMSON COUNTY, TEXAS, SAID 2.426 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING at a Li" Iron tad found in the easterly boundary fine of a 125.25 acre tract of brei as conveyed to M. H. Freeman by Ufturnent recorded in Volume 343 Page 230 of said Public Records, said Iron rod also being a point In the westerly property lire of Lot 19 Section 113 of the Forest Bluff Subdivision as recorded in Cabinet N, Slide 379-380 of said Public Records and the POINT OF BRIMMING HEREOF and from which a Ma" Iron rod found In the common boundary line of said Freeman and Lot 19 bears SD4043`16"E, a distance of 15.18 feet; THENCE, with said Freeman easterly boundary line, being the westrafy line hereof, N0404 I6"w, for a distance of 626.22 fleet to a in iron pipe found being the southerly comer of Lot 11, Block B, Section XC of the Forest Bluff Subdivision as recorded In Cabinet 0, Slide 346-347 of saki Public Records and also being the northwesterly coater hereof; THENCE„ with the Bald common boundary fine of lot 11, and northerly line hereof, N35001136% for a distance of 147.28 fleet to a Iron rod found being the southeast * comer of sold Lot 11 in said subdivision, also being an angle point In the westerly boundary One of Lot 4 of said subdWWon and beirwg the most northerly corner hereof,- THENCE, ereof; THENCE, with said common boundary line of said subdivision, being the western► bourxtary line of lot 4, Lot 3, Lot 2 and Lot 1 respectively and being the northeastern► boundary line hereof the following 4 (four) courses; 1. S1403 '4VE, for a distance of 37A4 fleet to a iron rod Bound being the southwesterly, corner of said Lot 4 and also being the noithwesteriy corner of Lot 3, and a point for angle hereof; 2. 52W52'24"E, for a distance of 74.86 feet to a iron rod found In the southwesterly coater of said Lot 3, and also being the nordmeoeriy comer of Lot Z and an point fbr angle hereof; 3. SW3W33"E, for a dance of 7488 Beet to a iron rod Found In the southwesterly comer of sold Lot 2, also being a point In the northwesterly comer of Lot 1, and a point for eMte hereof; 4. 549°17'14"8, for a distanoe of 86.95 feet to a iron rod found being the sm4heasterly corner of said lot i and a point for angle hereof; Page 2of2 THENCE, with the easterly boundary line of Lot 1, along a curve to the right having a radius of x30.00 fleet, a cental angle of x0°17'23 , an arc length of 95.18 fleet and a dXW which bears N33 W51'6 far a distance of 95.05 feet to a capped Iron rod set at the terminus of Forest Ridge Boulevard as per the plat of said subdivision as and being a point for angle hereof, and from which an Iron rod hound In the northerly right -of way line of Forest Ridge Boulevard bears NW02'24M at a distance of 4.79 feet; THENCk with the terminus right-of-way line of fiorest Rldge Boulevard, SS10561M, for a distance of 60.00 feet to a concrete nall set In a sidewalk at the terminus of said Forest Ridge Boulevard, being a point of curvature In the westerly property One of Lot 31, Block A, Forest Bluff Section 1B, as neoorded In Cabinet N, Slide 379-380 of said Public Records and also being the northwesterly corner hereof, THENCE, with Said common boundary fine of said Lot 31, being the easterly bowv%ry one hereof, along a am to the left having a radius of 470.00 feet, a central angle of 12°54'44 , an arc length of 105.92 fleet and a dx)rd which bears S3102712M for a distance of 105.59 feet to a Iron rod found being an angle point hereof. THENCE, with said common boundary One, 52W13'470W, at a distance of 59667 feet pass a Iron rod found for the northwest comer of Lot 21 and southwest comer of Lot 31,at a distance of 227.30 feet PM an iron nod found for the northwest comer of Lot 20 (being a W of utility conveyance and access per plat) and southwest comer of Lot 21,at a distance of 249.20 feet pass an Iron rod found on the nordwmst comer of lot 19 and southwest corner of Lot 20, and continuing for a total distance of 535.38 feet to the POW OF 8EMINNtNG and containing 2426 acre of land. Note: Bearings are based on Grids Bearings, distances are surface distamm, and coordinates are surface values based on the Texas State Plane Coordinates System, NAD e3, Texas Central Zone, using a Combined Adjustment Factor of 1.00012. This property description is amompanted by a separate plat. 1, M. Stephen Truesdale, a Registered ftliessional Land Surveyor, do hereby d,3eltify that the above description is true and correct to the best of my knowledge and belief and that the property described henzin was determined by a survey made on the ground under my direction supervision. WnTNESS W HAND AND SERI. at Round Rock, Williamson County, Texas ltm,rl -7-�4 .- M. Stephen rn,esdale p Registered Professfortal Land Surveyor No. 4933 Licensed State Land Surveyor O7 Inland CIA Associates, LLC. 206 West Main Street Suite 1107 Round Rods, T% 78664 -..�....�,a 512-238-1200 c RHEN TRMSU 4v33vk; 0 F a� W�. 0Cl N w 1z,Z%5> ,-0 tj �LU OC � IWN 3 w 2 co A R 3� .J cru J L E ` M 0 ago• } v Y +� V �"iitt ,.fj4ty�i ou � u' x L L a 3r to 0 F a� W�. 0Cl N w 1z,Z%5> ,-0 tj �LU OC � IWN 3 w 2 co A R M1O .J cru J L E ` M ��� gj �"iitt ,.fj4ty�i ou � u' 0 F a� W�. 0Cl N w 1z,Z%5> ,-0 tj �LU OC � IWN 3 w 2 co u IL .J cru I6 SII EXHIBIT C Road Extension Location EXHIBIT r-- L— ! F-OREtU FF -I SE�TION 1 / Y t IDLE BLVD_ 9 J ! END OF EXISTING J 7 % FOREST RIDGE ! - 1 _-- BLVD. EXISTIN I .jj t-- I ( I PARK I _ FQQQQQRgS LUFFj I /� jSE DTIOd tBFUTURE� PARKLAND / r _ _.PIR FREEMAN ! I _ TRAOT PUD f. r, t ' C I— ENO OF EXISTING FOREST RIDGE I/ BLVD. ��� -; �-� �- - ! f , i LEGEND - �� _ ; t _ l _ (_ fr 1 �= CITY PROPERTY ROADWAY LOCATION I DEVELOPER PROPERTY ROADWAY LOCATION 0 250 500 MOD ROAD EXTENSION LOCATION Exhibit D Traffic Signal Improvement Location I I /I / I / I I FUTURE PARKLAND PER FREEMAN TRACT PUD , LEGEND EXHIBIT j i •• '' INTERSECTION OF TRAFFIC SIGNAL IMPROVEMENT I 24 42 1 19 ��--- I 51 ' 25 I II tY 67 } ` 41 �- - - J I �52 79 1 53 40 26 I ` r I 66 80 ` 27 } I ` 1 } 85 54 128 _ - -J I I 9A , I .. 64 _ 155 12 38 - -J -29 I 82---� - 37 I 1 63 1 I 56 - - -- 30 I } 50215 1�i- 57 36 - -35 50214 } } - I- 6 1 -s2� 5011, 6 61/ �� _31 3 \ 58 / 34 50218 I FOREST ,BLLfFF so r SECTION 1 ` 1 59 60D. 4 AOR ggT R%pGE - -- - - - N - -� - } I I 1 _- 4`� I i 2 1 3 d ' 2 � 501: I� EXISTING P /6 ISTI G 31 ( } O A I} ' 30 29 1 26 p ,.., 7217 O 21 �.\ 22 ( I 1 26- 9 /� 23 \� 24 - _ I QJ�J� i J j 25 I! } - j i •• '' INTERSECTION OF TRAFFIC SIGNAL IMPROVEMENT TRAFFIC 0 100 200 400 ,TION 10 19 ��--- i FORES BLUF - - .} —l ---SECTION iB-- � - -- ` 18 i 17 1 16 + 15 ! 14 13 I 12 I Ir _�-- } 50215 I 50214 } } 50218 I 62399 I I I 1 1 I TRAFFIC 0 100 200 400 ,TION Exhibit E Wall Locations / I / / I / I i i I i 6` MASONRY SCREEN WALLS (94 LF) 8' MASONRY SCREEN WALLS (716 LF) 77 68 j 42 24 78 f- 4i _ I S7 � � 52 �- — � 25 I — .,_ � { 791��Jb3 j14D 28 ! —_ r I 66_. 39 { r 54 27 65 28 64 b5 38 J { r — I 29 r 1 82--� 37 I - 1� t— 7 63 { 56 l 30 62 ` Y 57 36 35 / `1- 31 1 ��` 61 > - 58 /' 5 i \ 34 3 32' � i ,�/ 3F1 ST LA 60 ti 59 � - 5 -- ---- = -- 3EC� 10 1� 88 ,, _ -- >.... CSE g�VD { "X87 ` "* FOREST 5 �r s /2 Imo.' I / 1 2 3 /.. - --�-- {31 r 6 { 1 �Q/ �4 { I 30 j 29 28 { — — — i 272126 1 1 22 23 24 -1 { 26 19 { FOREST-BWF�-- --SE9TJ_ON 1B I\ 18 17 16 15 14 13 12 { -_- --- --f�---1 -T { --- { 50215 { 50214 { { { 50218 I 62399 1 i ` I � , 0 100 200 400 r1nNc Exhibit F City Reuse Water System Termination Location - EXHIBIT i PARK PLAN _�,• i I 64FROvau AFl Af;I� X17 At. -t OMIOUD FMIC EN SPACE r 6 EXISTIN;UWSWY CRIT. r �� �•� 9�TlNt3� BRUBW "IML 00"C �1.. '11�' IL1�](�n'J/wJL o -OMI IAS\ Nr�• �F /-:: 5 y i" ATED CN $P G" s i° EXHIBIT «B„ ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. Official Public Records of Williamson County, or in Volume_ Page Deed Records of Williamson County, c. Zh' Ownejs� SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by 11 rAL412?_� this day of 20 1414-41-- ____ _A.D. DEBORAH M. SILAGI My Commission Expires OF January 23, 2013 ACKNOWLEDGMENT (INDIVIDUAL) Notary Public, State of Texas This instrument was acknowledged before me on the _L day of 20,1,1 -by AA� DEBORAH M. SILAGI My commission Notary Public, State of Texas �' _0 January 23, 2013 U 4"'v_ ............ City of Round Rock J-�rll ROCK 11_1�wg r.�ort raosrrxin Agenda Item Summary Agenda Number: 1.1 Title: Consider a resolution authorizing the Mayor to execute a Development Agreement with KB Home Lone Star, Inc. regarding the development of 158.006 acres and 2.426 acres owned by the City. Type: Resolution Governing Body: City Council Agenda Date: 5/23/2013 Dept Director: Brad Wiseman, Planning & Development Services Director Cost: $106,000.00 Indexes: Self -Financed Water Construction Attachments: Resolution, Exhibit A Text of Legislative File 13-292 A development agreement is proposed concurrently with the voluntary annexation and Planned Unit Development (PUD) for the Freeman Tract. This agreement identifies the responsibilities of the developer and City in regards to the construction of certain improvements. Currently, Forest Ridge Blvd. terminates within the Forest Bluff subdivision to the north and the Forest Ridge subdivision to the south. Forest Ridge Blvd. will be extended through City property and the Freeman Tract during construction of the subdivision. This development agreement requires the Forest Ridge Blvd. extension to be completed prior to the issuance of any single-family building permits, excluding four (4) model homes. In accordance with the PUD, landscaping, irrigation, and upgraded masonry subdivision walls are required within the Forest Ridge Blvd. right-of-way (ROW). These improvements are required to be installed prior to the issuance of any single-family building permits, excluding four (4) model homes. In addition, this agreement requires the installation of an eight -foot (8) tall masonry wall along Forest Ridge Blvd adjacent to four (4) single-family lots in Forest Bluff; and a six-foot (6) tall masonry wall adjacent to another single-family lot across the street. The Forest Ridge Blvd. ROW extension on the north end will necessitate park improvements as proposed by the PUD. These include the realigning of a portion of the Brushy Creek Trail on City property. This agreement requires the trail realignment to be completed prior to the issuance of any single-family building permits, excluding the four (4) model homes. The approved Traffic Impact Analysis (TIA) identifies the likely need for a traffic signal at the intersection of Forest Ridge Blvd. and Red Bud Lane. The developer's pro -rata share for this improvement is $110,000. The agreement requires a bond for this amount to be posted with the City prior to the recordation of the first final plat. The City then has two (2) years following the recordation of the last final plat to pull the bond and commence construction of the signal. City of Round Rock Page 1 Printed on 512112013 Agenda Item Summary Continued (13-292) The City will be responsible for the extension of the reuse water system across Brushy Creek and terminating it at the limits of the FEMA floodplain near the proposed public park. The City's costs for this extension are approximately $106,000. The developer will be responsible for extending the reuse system for irrigation use in the public park, the Forest Ridge Blvd. ROW, and privately maintained common areas. The City will take over maintenance and ownership of the reuse infrastructure for the public park. The remaining reuse infrastructure will be owned and maintained by the future Homeowners Association (HOA). Cost: $106,000 Source of Funds: Se/f financed Water Construction Staff recommends approval. City of Round Rock Page 2 Printed on 5121/2013 RECORDED DOCUMENT FOLLOW AGR 2013060630 27 PGS DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is made by and between KB HOME LONE STAR, INC., a Texas corporation, hereinafter called the "Developer", and the CITY OF ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly authorized officials. RECITALS: WHEREAS, the Developer has contracted to acquire an approximately 158.006 acre tract of land at the location described in Exhibit "A", attached hereto (the "Property") pursuant to that certain Agreement for Purchase and Sale of Real Property dated October 1, 2012, between Developer, as buyer, and the Marvin H. Freeman Testamentary Trust, and the Estate of Maurine Freeman, Deceased, collectively as seller; and WHEREAS, the City owns approximately 2.426 acres of land at the location described in Exhibit "B", attached hereto (the "City Property"); and WHEREAS, the Developer intends to develop the Property as a Planned Unit Development following its acquisition of the Property, which shall include up to 250 residential lots ("the Project"); and WHEREAS, a Traffic Impact Analysis ("TIA") was conducted and recently approved by the City for the Project; and WHEREAS, the TIA indicates the need for the construction of the extension of Forest Ridge Boulevard through the Property and the City Property at the location described in Exhibit "C", attached hereto (the "Road Extension"); and WHEREAS, the TIA also indicates the need for a future traffic signal at the intersection of Forest Ridge Blvd. and Red Bud Lane at the location described in Exhibit "D", attached hereto (the "Traffic Signal Improvement"); and WHEREAS, the City desires to cooperate with the Developer to facilitate the construction of the Road Extension and the Traffic Signal Improvement; and WHEREAS, the City and the Developer desire to cooperate in the utilization of a reuse water system to irrigate certain common areas and rights-of-way within the Property and the Joe Freeman Memorial Park located both within the Property and the City Property; and 00274051.DOCX 9--13-0cI-I':r l WHEREAS, the Developer further agrees to be responsible for certain tree mitigation requirements, trail construction and repair, and wall construction on the Property, City Property and other property as described herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, Developer and City do hereby agree as follows: Article 1. Developer Participation 1.1 Project Schedule. Developer intends to commence construction of the Project in 2013. 1.2 Road Extension. The Developer agrees to construct the Road Extension, being the extension of Forest Ridge Boulevard, as a forty (40') foot wide neighborhood collector within a sixty-five (65') foot right-of-way through the Property and the City Property at the location shown in Exhibit "C". 1.2.1 Timing of Road Extension. The Developer agrees to complete the Road Extension simultaneously with the construction of the subdivision improvements for the first phase of the Property. At Developer's option, the Developer may post a bond with a security company approved by the City in an amount of the estimated cost to complete the subdivision improvements to allow for the recordation of the first final plat of the Property during construction of the Road Extension. No residential building permits will be issued until the Road Extension is completed and accepted by the City, except for building permits for the construction of model homes, as described in Section 1.7, below. 1.2.2 Road Standards. The Road Extension will be designed pursuant to City standards for a neighborhood collector roadway and the design plans shall be approved by the City prior to construction, which approval shall not be unreasonably withheld, conditioned or delayed. 1.2.3 Maintenance and Warranty. Prior to issuance of the letter of acceptance by the Planning and Development Services Director III pursuant to Section 36-207 of the Round Rock Code of Ordinances, the Developer will provide a two (2) year maintenance guarantee in favor of the City by means of a warranty bond, subject to the approval of the City, in the form specified in the City's Development Packet. 1.3 Traffic Signal Improvement. Prior to the recordation of the first final plat on the Property or the issuance of the first subdivision improvement permit (including the Road Extension), the Developer shall place $110,000 into an escrow account with the City, said sum being the Developer's pro -rata share of the estimated amount needed to design and construct the Traffic Signal Improvement. At Developer's option, the Developer may post a performance bond with a security company approved by the City in the amount of the escrowed sum, in lieu of the escrowed amount. Said sum may be utilized by the City to construct and install the Traffic Signal Improvement as stated in Article 2, below, provided that the City shall provide to Developer at least thirty (30) days prior written notice before drawing on said performance bond to allow the Developer to replace said bond with cash. 1.4 Wall Construction and Landscaping. The Developer agrees to construct a wall of a natural sandstone/limestone blend in conformance with the wall constructed within the PUD. The wall shall be eight (8') feet high along the City Property boundary abutting Forest Bluff, Section 113, Lots 18, 19, 20, 21 and 31, and six (6') feet high abutting Forest Bluff, Section 1C. Block B, Lot 1, at the locations shown on Exhibit "E", attached hereto. The Developer will also be responsible for installing all of the right-of-way landscaping and associated irrigation required in the PUD. No residential building permits will be issued until the landscaping, irrigation and the walls are installed and pass inspection by the City. After installation, the homeowners' association for the Property will be responsible for the repair and maintenance of all walls, landscaping and associated irrigation on and within both the Property and the City Property. 1.5 Park/Trail Improvements. The Developer agrees to design and construct the realignment of the Brushy Creek Trail through the City Property as required by the construction of the Roadway Extension and in conformance with the trail as constructed within the PUD. The trail design and location shall be approved by the City Parks Department in advance of construction. The trail shall be constructed simultaneously with the construction of the Roadway Extension and completed and accepted by the City prior to the issuance of any residential building permits, excluding permits for model homes as stated in Section 1.7 3. below. The Developer further agrees to re -design, repair and/or relocate the existing trail and/or other existing park amenities and structures if the Developer causes any damage to said improvements. 1.6 Tree Mitigation. tion. The Developer agrees to follow all the City Tree Mitigation requirements for the City Property, as stated in Chapter 43 of the City Code of Ordinances, including mitigation of trees removed on the City Property due to the Roadway Extension. 1.7 Model Homes. The Developer may construct up to four (4) model homes conditioned upon compliance with all provisions stated in Section 10-51 of the Round Rock Code of Ordinances. Article 2. City Participation 2.1 Traffic Signal Improvement. The TIA indicates the necessity for the construction of the Traffic Signal Improvement at the intersection of Forest Ridge Boulevard and Red Bud Lane. The City shall be responsible for the installation and construction of the Traffic Signal Improvement utilizing the above-described $110,000 escrow payment or performance bond. Any costs over and above the $110,000 shall be the City's responsibility. 2.2 Timin . The City shall construct or cause to be constructed the Traffic Signal Improvement pursuant to the requirements of the Texas Manual of Uniform Traffic Control Devices. If, however, the warrants are not met within two (2) years after the recordation of the last final plat for the Project, the City shall release the $110,000 escrow payment or bond and the Developer shall have no further obligation regarding the Traffic Signal Improvement. Article 3. Reuse Water 3.1. Utilization of Reuse Water. The City will construct and maintain, at its sole cost, a reuse water line (the "Reuse Water System") from the Brushy Creek treatment plant to a location agreeable to both parties based on the final subdivision improvement plan design, but generally located and terminating within the area shown on Exhibit "F", attached hereto. The City shall use its best efforts to construct the Reuse Water System to the location described above no later than January 30, 2014. The Reuse Water System shall only be used to irrigate common areas and rights-of-way with the subdivision and the Joe Freeman Memorial Park. M No cross connection between the reuse water system and the potable water system shall be permitted. Following the City's installation of the Reuse Water System to the location described above, the Developer shall pay all costs to purchase, install and maintain the Reuse Water System, including the meters, within the common areas and rights-of-way and the Joe Freeman Memorial Park. The City will take over operation and maintenance of the Water Reuse System and meter within the Joe Freeman Memorial Park installed by Developer after the Water Reuse System is accepted by the City. The homeowners' association for the Property will take over the operation and maintenance of the Reuse Water System beyond the city water meter within the common areas and the Forest Ridge Boulevard right-of- way. 3.2 Posting of Notice. The Developer shall post signs at both subdivision entrances at Forest Ridge Drive indicating that the reuse water is being utilized in the common areas. Advisory signs shall include the text "Do Not Drink" in in English and Spanish, along with the equivalent international symbols as described in Chapter 30, Section 210 of the Texas Administrative Code. The homeowner's association for the Property shall be responsible for repairing, maintaining and replacing the signs after installation. 3.3 Discontinuance of Service. Any major deviations from the requirements set forth herein, or any actions regarding the utilization of the reuse water system affecting the public health and safety (as determined by the City) may result in a discontinuance of the reuse water system. 3.4 Unauthorized Work and Disconnection. No person shall tamper with, work on, or otherwise alter or damage the reuse water system without the express authorization of the City. 3.5 Reuse Water Rates and Procedures. The volume rate per 1,000 gallons of use for reuse water shall be 75% of the Rate Block One, as stated and amended in Section 44-29 of the City of Round Rock Code of Ordinances. This rate is irrespective of the amount of reuse water used in any given month and regardless of meter size. All utility billing procedures and requirements as described in Sections 44-29 through 44-33 of the Round Rock Code of Ordinances shall apply to the utilization of reuse water. No water impact fees shall be owed for reuse water utilization. 3.6 Irrigation Requirements. Reuse water is not subject to the City's Drought Contingency Plan, including water restrictions. 5. Article 4. Miscellaneous 4.1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions of this Agreement. 4.2 Representations and Warranties. The City represents and warrants to the Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 4.3 Default. If either the City or the Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a period of thirty (30) days to cure such default, provided, however, if the nature of the default does not involve the payment of money and is such that it cannot be reasonably cured within thirty (30) days, then the defaulting party shall have such time as is reasonably necessary to cure the default so long as the cure is commenced in thirty (30) days and diligently pursued to completion, prior to instituting an action for breach or pursuing any other remedy for default. If the defaulting party remains in default after notice and opportunity to cure, the non -defaulting party shall have the right to pursue any remedy at law or in equity for the defaulting party's breach. 4.4 Attorney's Fees. In the event any legal action or proceeding is commenced between the City and the Developer to enforce provisions of this Agreement and recover damages for breach, the prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and expenses incurred by reason of such action, to the extent allowed by law. 4.5 Entire Agreement. This Agreement contains the entire agreement between the parties. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 4.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. 4.7 Assignment. The obligations of Developer hereunder shall run with the land. The Developer may assign all or part of its rights and obligations to a third party without the written consent of the City; so long as the assignee has the financial ability and development experience to perform the obligations of Developer hereunder. 4.8 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 4.9 Termination. The City may terminate this Agreement if the extension to Forest Creek Boulevard is not open to the public within five (5) years after the Effective Date. 4.10 Notice. Any notice and or statement required and permitted to be delivered shall be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: Developer: KB Home Lone Star, Inc. 10800 Pecan Park, #200 Austin, Texas 78750 Ph: (512) 651-8100 City: Steve Norwood, City Manager City of Round Rock 221 East Main St. Round Rock, TX 78664 Ph: (512) 218-5400 Fx: (512) 218-7097 with a copy to: City Attorney 309 East Main St. Round Rock, TX 78664 Ph: (512) 255-8877 Fx: (512) 255-8986 Either party may designate a different address at any time upon written notice to the other party. 4.11 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial draft of this Agreement, this Agreement shall, in 7. the event of any dispute, however its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any party. 4.12 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in Williamson County, Texas. 4.13 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties of this Agreement that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.14 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 4.15 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges, or causes of action upon any third party. 4.16 Exhibits. The following Exhibits are attached and incorporated by reference for all purposes: Exhibit "A" Property Description Exhibit "B" City Property Description Exhibit "C" Road Extension Location Exhibit "D" Traffic Signal Improvement Location Exhibit `B" Wall Location Exhibit "F" City Reuse Water System Termination Location 10 4.17 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. 4.18 Effective Date. This Agreement becomes effective when signed by the City. IN WITNESS WHEREOF, DEVELOPER AND THE CITY have executed duplicate counterparts to effectuate this Agreement to be effective as of the last date of due execution. Attest: 4�8&-&tt- Sara ite, City GlC,VlL- THE CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor City of Round Rock, Texas Date: 0 4.17 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. 4.18 Effective Date. This Agreement becomes effective when signed by the City. IN WITNESS WHEREOF, DEVELOPER AND THE CITY have executed duplicate counterparts to effectuate this Agreement to be effective as of the last date of due execution. Attest: Sara White, City Secretary KB HOME LONE STAR, INC. By: John Zins r, Vice -President Date: 1c'o , zol 3 THE CITY OF ROUND ROCK, TEXAS IC Date: 9. Alan McGraw, Mayor City of Round Rock, Texas Acknowledgment This instrument was acknowledged before me this day of , 2013 by Alan McGraw, Mayor of the City of Round Rock, on behalf of said municipality. SARA LEIGH WHITE MY COMMISSION EXPIRES j* 2016 �/Y Y_V lam• • �'I�VV"` Notary Public, State of Texas Printed Name My Commission Expires: Wye Acknowledgment This instrument was acknowledged before me this /Q day of J U n P.- , 2013 by John Zinsmeyer, Vice -President of KB Home Lone Star, Inc.,, on behalf of said company. TERRI WOODMANCY *: MY COMMISSION EXPIRES March Z7,2017 Notary Public, State of Texas Printed Name My Commission Expires: EXHIBIT A Property Description EXHIBIT - A 131LO 6ACRE5 JOSEPH MARWLL SURVEY, AUTAAEr 409 WILLIAMSON ❑ kINIY,1EW TITLE FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, AB6'TRACT 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRAq OF LAND BEING A PORTION OF THAT 317.965 ACRE TRACT OF LAND CONVEYED TO THE FREEMAN FAMILY TRUST AND MARVIN H. FREEMAN ESTATE IN VOLUME 2453, PAGE437, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, IN ALL A TOTAL OF 188.006 ACRES MORE FULLY DESCRIBED BY METL•5 AND BOUNDS A5 FOLLOWS: gEG1tNING, at the southwestern corner of Red Bud Act as, a subcivision recorded in Cabinet C, Slide 71 of the Plat Records of WIIIIamson Courity, Texas (P,R. W.C.TX), common to a point in the northeastern line of Forest Ridge, Phas , V, a subdivision recorded in Cabinet O, Slides 151-752, (P.R. W.C.TX), also being an eastern corner and POINT OF BEGINNING of Lne natein described tract THENCE, with the northern boundary line of sold Forest Ridge, Phase V, and Forest Ridge, Phase II, a subdivision r.:cord.rd in Cabinet L, Slide. 378-381, (P.R.W.C.TXJ, N7620'26"W, a distance of 2508.36 feet to a point a: a northwestem corner of said Forest Ridge, Phase 11, common to an eastern corner of Revised Lake Forest Iil, Phase itl, r. subaivision rwcoraed in Cabinet z, slides 276.278, (P.R.W.C.TX), THENCE, with an eastern boundary line of said Revised Lake Forest III, Phase III, the following three (3) courses and distances, numbered 1 through 3, '1. N00'48'49W, a distance of 417.58 feet to a point 2. :70344'58"E, a distance of 395.34 feet to a point, and 3. NO3'08'O3"E, a distance of 501.00 fent to an northeastern corner of said Revised Lake forest III. Phase 111, tract common to a southeastern corner of a 21.191 acre tract conveyed to Gregory Stephen Carter in Document No. 2010072268, of the official Public Records of Williamson County, Texas, (O.P.R.W.C.TX), 1. THENCE, with a southeastern bouaftry line of said 21,191 acre tract and of Lot 1, Bock A, (95.S11 acres), of Brushy Creek Rej'ional Wastevrater Treatment Plant, a subdlv:slon recorded to Cabinet DD, Slides 272. 213; (P.R.W,C.7%), the following three (3) course:, numbered :. through 3, N'L8'0W00'W, a dMance of 90.00 feet to a point, 3. N41'56'28" , a distance of 336.63 feet to a point, and 4. N39"45'4 '"f, a distance of 1074.14 feet to a point In a �authern line or said Lot 1, Block A, (95.511 acres), of Bru:;hy Creek Re ,'oval Wastewat,r Treatment Plant: THENCE; with the southeastern boundary line said Brashy Creex Regioral Wastewater Treatment Plant, the fo'ioWmtg seven (7) courses and distances, numbered 1 through 7, 1. N 72`0T08"E, a dlstahce of 545.97 feet to a point, Z .46342'53"E, a distance of 317.37 feet to a point, 3. N53 00'040I3, a distance of 58.65 feet to a polrit, N25`42'40"E, a distance of 191.78 feet to a polnt, 5. NOS, j7'43"6, a distance of 148.50 feet to a point, 6. N31'27'17"E, a distance of 253.39 feet to a goint, srd !. N61"28'26"E, a distance of 449.45 Feet to a point in the western line of Forest Bluff, Section IC, a subdivision recorded in Cabinet 4, Slides 34C-348, (P.R.W.C.TX), common to an eastern corner of card Brushy Creek Regional Wastewater Treatment Flant, also being the northernmost corner of the herein desctiWd tract. THENCE, with the western boundary line of said Forest Bluff, Sectlon IC and a 2.426 acre tract conveyed to the City of Round Roth it Document No. 2004056071, (O.P.R.W.C.TX), 501'39'27'E, a distance of 531.18 feet to a point in the western boundary line of said 2,426 acre tract, J: 4iT1-F AE E MA1 ROUND ROCi\SURVEY�FIELD NOTEAFN•FREEV At. TRACT 158a0li ACRES JOSIT lf• ARSKA.USURVEY,Aes nuc4e9 WILLU MMON CCJNM TF fAS TITV THENCE, tivith the western boundary line of said 2.426 acre tract and Forest Bluff, Section 1B, a subdivision recorded ir. Cabinet N, Slides 379-380, (P,R.W.C.TX), S02'4q'39'E, a distance of 452.63 feet to a point at the southwestern comer of said Forest Bluff, Section 18, common to the northwestern comer of Old Oak Estates, a subdivislon recorded in Cabinet D, Slides 49-50, (P.R.W.C.TX), THENCE. with the we.;tern boundary line of said Old Oak Estates, the following eleven (11) courses and distances, numbet ed l through 11, 2. S02`29'C3"E, a distance of 144.27 feet to a point. 2. 503'05'31"4V, a di.tance of 26.00 feet to a point, 3. S03'05'31"W, a distance of 54.70 feet to a point, 4. S00'1011"W, a distance of 23.57 feet to a point, 5. 500'23'59"E, a distance of 105.45 feet to a point, $02'01'21,"E, a dijtance of 144.68 feet to a point, 7. S02'45'2VE. a distance of 122.98 feet to a point, . S0 12'31"W, a distance of 35.00 feet to a point, S05 2'31"W, a distance of 93.25 feet to a point, 10. 503'20'01"W, a distance of 18.34 feet to a point, and 11. 501'24'01'V, a distance of 231.17 feet to a point for the southwestern corner of said Old Oak Estates corrmbn to 3 northwestem corner of a 2.930 acre tract conveyed to Tim and Juanita Rico in Document No. 5714617, Official Records of Williamson County, Texas (O.R.W.C.'X), THENCE, with the western. boundary line of said 2.930 acre tract, 50019'13"E, a distance of 241.86 feet to the southwestern corner of said 2.930 acre tract, common to the northwestern corner of Woodhollow SubdivWon, a svbdivision recwdod in 0binet D, Slides 328.329, (?.R.W.C.TX), THENCE, wltir the western boundary line of said Woodhollow Subdivision, S00'56'10"E, a dtstance of 478.58 feet to the scvdnje,.-,,_em coiner of said Woodhollow Subdivision, common to the northwestern corner of a 1.35 acre trdcL co,rit:ytd to Bruce H.:ackson in Document No. 9634736, (O.R.W.C.TX), THENCE, with the western boundary line of said IAS acre tract, S02'01'00"W, a distance of 22449 feet to a point for the ,outhwestern curne: of said 1.35 acre tract, ecmmon to the nortinvestern corner of sa;d Red Bud Acres, THENCE, with the western boundary Ilne of said Red But: Acras, the `ollowing two (2) courses and distances, numowed 1 and 2, L 500'Go'A' E, a distance of 162.57 feet to a poi:tt, and 2. 500'08'23'W, a distance of 47.06 feet to the POINT OF BEGINNING and curtaining 156.006 acres of land. These field notes ire prepared based on record information found Irt Volume 2453, Page 437, Public Records of Williamson County, Texas. No actual on -the -ground survey was performed. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation AMON V. TIMMASON, R.P.L.S. NO. 6214 Carbon, Or/0407 o and Doering, file. 5501 West MUM Cannon Austin, TX 78749 Ph: 512^280-5160 Fax; 512-280-5165 qL nL+r�r;1G►'C,cor2 3atRAG BASIS: V0t'JME 2433, PAGE 437, OFFICIAL R CORDS OFMOWANISON COUN'Y, TEXAS ;; 41 3'! -FREEMAN r OUND ROCKNSURVi AFISLD NOTESi FN-FRELMA! TRACT i� z MLL.• 1' - Soo' UGEND -rCH -rO ACCOMPANY FIELX2 N 16$.006 ACRES FREEW FAMILY TRUST & MARRWX H FREEW ESTATE � ;DESR;BED BY F;ELJ 'OT I -ES N o VOL. 2453, FG. 437 a O.R.W.C. i X.) RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. a 9 _ �� Fdtit OF SHEET 1 OF 2 KW lWIS: M 24W, K W, DJLW.r,.ix CcrlYaa, Srignum & Docthlq, Inc. v `�`. .,-1`L,a 9 Si�VcxA.�4srx�.-,h�he 9:�ibali:A9 PATH.— J- 4137—FREEMM1 RoUtm R0QA=\F4—FREE" EXHIBIT B City Property Description EXHIBIT Page 2 of 2 "B" PROPERTY DESCRIPTION DESCRIPTION OF A 2.426 ACRE REMAINDER TRACT OF LAND SITUATED IN THE JOSEPH MARSHAL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING THAT TRACT OF LAND DESCRIBED AS 2.4643 ACRES CONVEYED BY INSTRUMENT TO WHITNEY PARTNERSHIP AND FOREST RIDGE INVESTMENTS, LTD. AND RECORDED IN DOCUMENT 9526622, OF THE OFFICIAL PUBLIC RECORDS OF WI 11AMSON COUNTY, TEXAS, SAID 2.426 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND SOUNDS AS FOLLOWS: BEGINNING at a W Iron rod found In the easterly boundary One of a 125.25 acre tract of land as Conveyed to M. H. Freeman by instrument recorded in Volume 343 Page 230 of said Public Records, said Iron rod also ging a point In the westerly property One of Lot 19 Section 1B of the Forest Stuff Subdivision as recorded In Cabinet N, SW 379-380 of said Public Records and the POINT OF 111EMNNING HEREOF and from wMch a rW Iron rod found In tate common boundary line of said Freeman and Lot 19 bears S04043`16"E, a distance of 15.18 feet; THENCE, with said Freeman easterly boundary line, being the westerly line hereof, N04043116"W, for a distance of 6218.22 fleet to a i" Iron pipe found being the southerly comer of Lot 11, Block B, Section 1C; of the Forest Bluff Subdivision as recorded in Cabinet 0, Slide 345-347 of said Public Records and also being the northwesterly caner hereof; THENCE, with the said common boundary line of lot 11, and northerly line hereof, N35001,36"E, for a distance of 147.28 feet to a Iron rod found being the southeasterly corner of sold Lot 11 In said subdivision, also being an angle point in the westerly boundary One of Lot 4 of said subdhfton and being the most northerly m -nu hereof; THENCE, with said common boundary line of said subdivision, being tate westerly boundary line of Lot 4, Lot 3, Lot 2 and Lot 1 respectively and being the northeasterly boundary line hereof the following 4 (four) COMM; 1. S14038'45 4 for a distance of 37.44 fleet to a Iron rod hound being the southwesterly comer of said Lot 4 and also being the northwesterly comer of tot 3, and a point for angle hereof; 2. S230SY24"E, for a distance of 74.86 feet to a Iron nod found In the southwesterly comer of said Lot 3, and also ting the nordwieoeriy canner of Lot 2, and an point for angle hereof; 3. S33°30'33"E, for a distance of 7488 feet to a Iron rod found in the sadhwestmiy comm of said Lot 2, also being a point In the northwesterly corner of Lot 1, and a point for angle fwreof; 4. 54W17'14 -E, for a distance of 86.95 feet to a Iron rod found being the soutImsterly comer of said Lot i and a print for angle hereof; Page 2 of 2 THENCE, with the easterly boundary line of lot 1, along a curve to the right having a radius of 530.00 feet, a central angle of 1001723', an arc length of 95.18 fleet and a chord which bears N33"1W51"E for a distance of 95.05 feet to a camped Iron rod set at the terminus of Forest Midge Boulevard as per the plat of said subdivlsiorh as and ging a point for angle hereof, and from which an iron nod kxmd In the northerly right-of-way itne of Forest Ridge Boulevard bears NW02'24"E at a distance of 4.79 feet; THENCE, with the termhws right-of-way tine of forest Ridge Boulevard, 55156'11" E, for a dislarm of 60.00 feet to a concrete nail set In a sidewalk at the terminus of said Forest Ridge Boulevard, being a point of curvature In the westerly property Une of lot 31, Block A, Forest Bluff Section 1B, as recorded In Cabinet N, Me 379-360 of said Public Records and also being the northwesterly corner hereof; THENCE, with said common boundary line of said lot 31, being the easterly boundary line hereof, along a am to the keit raving a radius of 470.00 feet, a cental angle of irW4V, an arc length of 105.92 feet and a chord which bears S3102712711N for a distance of 105.69 feet to a iron rood found being an angle point hereof. THENCE, with said common boundary line, S2W131'47"W, at a distance of 59.67 feet pass a Iron rod found for the northwest comer of lot 21 and southwest comer of Lot 31,at a distance of 227.30 feet pass an Iron rod fWnd for the na-dhwest comer of Lot 20 {being a lot of utility conveyance and access per plat) and southwest comer of lot 21,at a distance of 249.10 feet pass an iron nod found on tine northwest corner of Lot 19 and southwest comer of lot 20, and continuing for a total distance of 535.38 feet to the POINT OF WOMMING and containing 2.426 acne of land. Note: Bearings are based on Grid Bearings, distances are surface distances, and coordinates are surface values based on the Texas State Plane Coordinate System, NAD 83, Tums Central Zone, using a Combined Adjustment factor of 1.40012. This property description is accompanied by a separabe plat. I, M. Stephen Ttlresdale, a Registered Professional land Surveyor, do hereby, certify that the above description is true and correct to the best of my krvMedge and belief and that the property, described herein was determined by a survey made on tie ground under my direction supervision. WiMESS W BAND AND SEAL at Round Rode, Williamson County, Texas. l� J fz M. Stephen Tnnesdale Date Registered Prvfesslo" Land Surveyor No. 4933 Ucensed State Land Surveyor LLC:. or Inland 04 Associates, 206 west Main Street Suite 107 Round Rock, U 78664 [ • _ c: a P14EN TRiJBSME 512-238-1200 ���----- a 4933 �. �y4 U ti`s �ifl, a 0 $ � d a � VJ, m a 00* s ' Q F �m a x ►- ss� a .a � ay t -MW z N A i ''� �S ' W # y uza FZW�r F � adv � b V�zt� a. en Q_ ia• aa a �NJ R I r .KKt .±11�� Y r 1i\�Y�u� a�■s'q rR ►tlt�+K M Sod -6 c a1 M10 L. � � L � p w■ O� �� ilt ■ N p p tox .r a1p g� ZENsa _ _0 EXHIBIT C Road Extension Location l EXHIBIT / �AEiESTjBF FF 1 --R DGE BLVD. 1 i END OF'EXISTING LA FOREST BD l ` `�_ I BLVLVD: EXISTIN 1 I PARK J j � ' � • i� Rq ,FGi18LUFF� � 1SEITIOL-18— AJTURE r_..Y J` )PARKLAND -.PER FREEMAN ! L TRACT PUO i ! i � ! i a i o a I END OF EXISTING FOREST RIDGE BLVD. I i LEGEND CITY PROPERTY ROADWAY LOCATION_ DEVELOPER PROPERTY ROADWAY LOCATION 0 250 500 1000 ROAD EXTENSION LOCATION Exhibit D Traffic Signal Improvement Location {{ 30 29 I 28 24 j �— LLI k% i 42 I — _J i / 51—' 1 41 25 27 ; �_......_� _ 67 I 52 r — I 26 79 I — 53 40 I — I / / �r —��66 f ( 80f 54 + j 39 27 I I _� J / / 65 I I 4 38 28 l I 9A , 64 " F— 55 , ---I — ___j 29 _-"� 82 22 24 37 `, I / I Ire 1 63 I 56 23 - -- \ 30 36 25 END F�EXIS IT NG/—� Y FOJAEST/I�IDGE� BLVD. / I i FUTURE PARKLAND PER FREEMAN TRACT PUD, 7 i _62 1. 57 31 501E 35 6 j 61 3 '� y . $5 \ 58 `;! / 34 f 32� I 1 5 { 1) f_FOREST PL4—'F"- � - 4 SECTION` 16 86 ` aR�SS 'R1AG, 87 \y F — 7- 3 { 4 2 f ! 5017 w EXISTING � 131 � � - �- - -- — i � 6 i co I PARK D LEGEND �.. i i INTERSECTION OF TRAFFIC SIGNAL IMPROVEMENT 0 100 200 400 TRAFFIC SIGNAL IMPROVEMENT LOCATION 30 29 I 28 I �— LLI k% i so 27 ; �_......_� 8 �ro I I p� 21 6 26 I t--- — — l— — 22 24 I 9 23 - -- — Y 25 I \ - 10 I FORE$ BWF -- is ��� ,I --SECTION 113 /" 18 17 I 16 15 14 13 12 I Iil I I � I I 50215 11 50214 1 I I 50218 I 62399 — 0 100 200 400 TRAFFIC SIGNAL IMPROVEMENT LOCATION Exhibit E Wall Locations EXHIBIT - E / , I 77 68 , r---78 67 `t 79 1 J 66 / t 80 65 / 1 81 I / 9A 82 I I 8 63 7 , 84 —1 62— 84� s T �, I 61 f 5 FIRST $LS11F 6 4 SECTION 16 8� �y f 24 42 25 �--- 41—� 52 _ 26 40 39 I 27 s 54 —~� 28 ---� 38 55 I_.-_ I 29 37 38 l l 36 57 3/5 3 1 ' 58 / 34 1 32 0 I 59 _ _1 _.-- I %RAST RIDC$ B,- 14D, 87 3 I j 4 2 \ Imo' / 2 j 3 D O�EXISTIN,G �FOREST RIDE BLVD ,% YY /6 MASON wAi 5 / a LEGEND 6' MASONRY SCREEN WALLS (94 LF) 8' MASONRY SCREEN WALLS (716 LF) FUTURE I. PARKLAND PER FREEMAN % TRACT PUD EXISTING f 131 6 PARK 1 30 29 j 28 i F -- /40 �..I i �` 7 iCj r j27 �C, — -- ��0�/ 21 22 I 26 ! — �23 24 —� � I 25 I 10 / I i 19 FOREST -BLUFF-- -- - " �--- 7 SEgTLON 1B 18 17 � 18 15 14 13 12 � i_ I I 7 I I 50215 I 50214 I - I I I 62399 I �I 50218 I I-- -- -L-_- - 0 100 200 400 LOCATIONS 87 3 I j 4 2 \ Imo' / 2 j 3 D O�EXISTIN,G �FOREST RIDE BLVD ,% YY /6 MASON wAi 5 / a LEGEND 6' MASONRY SCREEN WALLS (94 LF) 8' MASONRY SCREEN WALLS (716 LF) FUTURE I. PARKLAND PER FREEMAN % TRACT PUD EXISTING f 131 6 PARK 1 30 29 j 28 i F -- /40 �..I i �` 7 iCj r j27 �C, — -- ��0�/ 21 22 I 26 ! — �23 24 —� � I 25 I 10 / I i 19 FOREST -BLUFF-- -- - " �--- 7 SEgTLON 1B 18 17 � 18 15 14 13 12 � i_ I I 7 I I 50215 I 50214 I - I I I 62399 I �I 50218 I I-- -- -L-_- - 0 100 200 400 LOCATIONS Exhibit F City Reuse Water System Termination Location EXHIBIT s IF 4 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation 3 CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013060630 a30E.� 06/28/2013 01:43 PM MARIA $136.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS C y. r TING r r i e t J i� ii r tAf . ` J