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R-05-09-22-14G4 - 9/22/2005RESOLUTION NO. R -05-09-22-14G4 WHEREAS, Double J Investments, L.P. ("Developer") is the owner of approximately 605.54 acres of land located within the extraterritorial jurisdiction of the City of Round Rock ("City"), and WHEREAS, Developer intends to develop the land and has requested that the City consent to the creation of two Municipal Utility Districts to be named Williamson County Municipal Utility District No. 19 and Williamson County Municipal Utility District No. 20 ("MUDs 19 and 20") for said land, and WHEREAS, the City wishes to enter into a Consent Agreement with the Developer regarding the creation of MUDS 19 and 20, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Consent Agreement with Double J Investments, L.P., 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, allasrequired by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of September, NYL WELL, ayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret, ry @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50922G4.WPD/xmc CONSENT AGREEMENT BETWEEN CITY OF ROUND ROCK, TEXAS AND DOUBLE J INVESTMENTS, L.P. FOR WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 AND WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 20 91214 206469-18 09/13/2005 2 EXHIBIT CONSENT AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This Consent Agreement ("Agreement") is between the City of Round Rock, Texas (the "City"), a home -rule city located in Williamson County, Texas and Double J Investments, L.P. (the "Developer"). INTRODUCTION The Developer owns or has an option to purchase approximately 605.54 acres of land located within the extraterritorial jurisdiction of the City (the "Land"). The Land is more particularly described by metes and bounds on the attached Exhibit A, and its boundaries are depicted on the concept plan attached as Exhibit B ("Concept Plan"). The Developer intends to develop the Land as a master -planned, residential community that will include park and recreational facilities to serve the community. Because the Land constitutes a significant development area that will be developed in phases under a master development plan, the Developer and the City wish to enter into this Agreement, which will provide an alternative to the City's typical regulatory process for development, encourage innovative and comprehensive master -planning of the Land, provide certainty of regulatory requirements throughout the term of this Agreement and result in a high-quality development for the benefit of the present and future residents of the City and the Land. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including the agreements set forth below, the parties contract as follows. ARTICLE I DEFINITIONS Section 1.01 Definitions. In addition to the terms defined elsewhere in this Agreement or in the City's ordinances, the following terms and phrases used in this Agreement will have the meanings set out below: Agreement: This Consent Agreement between the City of Round Rock, Texas and Developer. Blake Magee Investments, L.P. or Magee: The owner of the tract or tracts adjacent to the Land, which are also intended to receive service through the McNutt Interceptor. Texas. City: The City of Round Rock, Texas, a home -rule city located in Williamson County, City Manager: The City Manager of the City. Commission or TCEQ: The Texas Commission on Environmental Quality or its successor agency. 1 Conceptual Development Plan: The concept plan for the Land attached as Exhibit B, as amended from time to time in accordance with this Agreement. County: Williamson County, Texas. Developer: Double J Investments, L.P., a Texas limited partnership, or its successors and assigns under this Agreement. Districts: Williamson County Municipal Utility District No. 19 and Williamson County Municipal Utility District No. 20, the political subdivisions of the State of Texas to be created over the Land, with the consent of the City, as provided in this Agreement. As used in this Agreement, "District" means either of the Districts. Effective Date of this Agreement: The date when one or more counterparts of this Agreement, individually or taken together, bear the signature of all parties. Land: Approximately 605.54 acres of land located in the City's extraterritorial jurisdiction, as described by metes and bounds on Exhibit A. Line A: The segment of the McNutt Interceptor located between the Treatment Plant and McNutt Creek, as indicated on Exhibit C. Line B: The segments of the McNutt Interceptor located between the terminus of Line A and the southern boundary of the adjacent tract owned by Magee and between the terminus of Line A and the Land, as indicated on Exhibit C. Line D: The segments of the McNutt Interceptor located at the terminus of Line A, as indicated on Exhibit C. McNutt Interceptor: The City wastewater interceptor project, as generally depicted on Exhibit C, which will transport wastewater generated by customers located within the McNutt drainage basin as defined by the City to the Treatment Plant. Treatment Plant: The Brushy Creek East regional wastewater treatment plant. ARTICLE II DEVELOPER'S COMMITMENTS TO THE CITY Section 2.01 McNutt Interceptor Project. The City proposes to construct Line A of the McNutt Interceptor Project according to the construction schedule attached as Exhibit D. The preliminary budget for the McNutt Interceptor is attached as Exhibit E. The City desires that the Developer participate in the cost of construction of the McNutt Interceptor and the Developer is willing to do so on the terms set forth in this Article. Section 2.02 Line A. The Developer will cost participate with the City to finance Line A of the McNutt Interceptor as follows: (a) Line A Capacity Payment. The Developer will pay the City the sum of $2,850,000 which will be applied by the City to pay a portion of the costs of Line A (the "Capacity Payment"). The Capacity Payment will be paid as provided in subsections (b) and (h). 2 In consideration of the Capacity Payment for 2,353 living unit equivalents ("LUEs") of wastewater capacity in Line A, will be reserved for and allocated to the Developer, on behalf of the Districts, as provided in this Agreement. (b) Line A Plans. Line A will be designed by Karen Friese and Associates (the "Engineer"). Upon completion of the preliminary plans and specifications for Line A (the "Line A Plans"), the Engineer will submit a set of the Line A Plans to the City and a set to the Developer for review and approval. The Developer agrees to review the Line A Plans and either approve them or provide written comments specifically identifying any required changes within 10 days of receipt. If Developer fails to either approve the Line A Plans or provide written comments within this 10 -day period, the Line A Plans will be deemed approved. No changes which would adversely affect the capacity to be allocated to and reserved for Developer, on behalf of the Districts, may be made to the Line A Plans unless the changes are submitted to Developer, which will have the same review and approval rights as provided above. The Developer's approval of the Line A Plans will not be unreasonably withheld. The Developer will reimburse the City for 25% of the cost of the Line A Plans within thirty (30) days of the City's written request, accompanied by a copy of the City's contract with the Line A Engineer. The City may make such request for reimbursement from the Developer for one-half of such cost when the plans are 50% complete and for the remainder of the cost when the plans are complete. The amounts paid by the Developer under this subsection will be applied against and will reduce the remaining sum due for the Capacity Payment. (c) Construction Schedule. The City will proceed with the design of, easement acquisition for, and construction of Line A in accordance with the construction schedule attached as Exhibit D, subject, however, to extensions of time due to force majeure. The City acknowledges that the Developer is relying on service being available to the Districts in accordance with such construction schedule, and agrees that wastewater service will be made available on or before the date specified in Exhibit D. (d) Bidding and Contract Award. The contract for construction of Line A will be advertised for bid by the City in accordance with all applicable legal requirements, including Chapter 252, Texas Local Government Code and awarded by the City to the lowest responsible bidder. (e) Payment Bond. At such time as the City awards a contract for the construction of Line A, the City will give written notice to the Developer accompanied by a copy of the accepted bid, and the Developer will obtain and deliver to the City within thirty (30) days a payment bond or letter of credit in the amount of the Capacity Payment less any payments previously made by the Developer under subsection (b) (the "Fiscal Security") to secure the Developer's obligation to pay the unpaid portion of the Capacity Payment to the City as provided in this Agreement. (f) Construction. Line A will be constructed in a good and workmanlike manner, and all material used in such construction will be substantially free from defects and fit for its intended purpose. The Developer or the Districts may, at their own expense, inspect the construction. (g) Status Reports. The Line A Engineer will provide the Developer and the City with monthly construction status reports. 3 (h) Progress Payments by Developer; Acceptance. The Developer agrees to fund the unpaid portion of the Capacity Payment (less any credit under Section 2.05) to the City as follows: Upon contract award: Upon 25% completion: Upon 75% completion: Upon substantial completion: Upon acceptance of Line A by the City 25% 25% 25% 25% Any remaining amount still due the City The City will deliver written notice to the Developer of each payment due, which will be accompanied by a copy of the related pay request and the Line A Engineer's approval of the related percentage of the work. The Developer will fund the payment within 30 days after receipt of the related request and supporting documentation, and will be entitled, upon such payment, to reduce the amount of the Fiscal Security so that the Fiscal Security at all times corresponds with the total remaining amount of the Capacity Payment due to the City under this Agreement. Promptly following completion of construction, and Developer's final payment to the City, the City will return the Fiscal Security to Developer. If the Developer fails to pay any sum due to the City as set out herein, the City may require payment under and in accordance with the Fiscal Security. (i) Guarantee and Reservation of Capacity. Upon completion of Line A and payment of the Capacity Payment to the City as required under this Agreement, 2,359 LUEs of capacity in Line A will be irrevocably and permanently reserved for and committed to the Developer, on behalf of the Districts. The Developer may, at any time, transfer such capacity to the Districts by written notice to the City. The Developer shall not transfer such capacity to any other entity or person without the prior written consent of the City, which consent will not be unreasonably withheld. 2.03. Line B. It is understood and acknowledged that Line B may or may not provide service to the Land but a portion of Line B will be located within the Land. The City and the Developer agree to cooperate in connection with the construction of Line B, as provided in this Section. (a) Line B Plans; Oversizing. Line B will be designed by Randall Jones Engineering, Inc. (the "Line B Engineer"). Upon completion of the preliminary plans and specifications for Line B or a segment of Line B if Line B is designed in phases (the " Line B Plans"), the Line B Engineer will submit a set of the Line B Plans to the City and a set to the Developer for review and approval. The City agrees to review the Line B Plans and either approve them or provide written comments specifically identifying any required changes within fourteen (14) days of receipt. The City's approval of the Line B Plans will not be unreasonably withheld. Developer will not be cost participating in the Line B project. 4 (b) Easements. The Developer agrees to donate an easement across Developer's property that is required for Line B for the construction of Line B in accordance with the Construction Schedule attached as Exhibit D. The general location of the easement to be donated is depicted on Exhibit D-1. It is understood and agreed that the exact location of the easement shall be established in such a manner so as to avoid the loss of lots which could otherwise be platted. (c) Construction Schedule. It is understood that Magee will proceed with the design of, easement acquisition for, and construction of Line B in accordance with the construction schedule set forth in Magee's agreement with the City as Magee's Exhibit F, subject, however, to extension of time due to force majeure. (d) Status Reports. The Line B Engineer will provide the Developer, Magee and the City with monthly construction status reports. Section 2.04. Line D. Service to the Districts from the McNutt Interceptor will require the construction of Line D which will connect to Line A and will be constructed in five phases, as Line D-1, Line D-2, Line D-3, Line D-4 and Line D-5, as shown on Exhibit C. In order to serve the Districts only, Line D-1 would be required to be constructed as a 15 -inch line, Line D-2 would be required to be constructed as a 12 -inch line, and Line D-3 and Line D-4 would be required to be constructed as 8 -inch lines. The City has requested that Line D-1 be oversized as a 27 -inch line, Line D-2 be oversized as a 12 -inch line, Line D-3 be oversized as a 10 -inch line, and Line D-4 and Line D-5, with Line D-5 not being used by the Districts, will each be oversized as .24 -inch lines in order to provide additional capacity for future development. The City and the Developer agree to cooperate in connection with the construction of Line D, as provided in this Section. (a) Line D Plans; Oversizing. Line D will be designed by Developer's engineer (the "Line D Engineer"). Upon completion of the preliminary plans and specifications for Line D, or a segment of Line D if Line D is designed in phases (the "Line D Plans"), the Line D Engineer will submit a set of the Line D Plans to the City and a set to the Developer for review and approval. The City agrees to review the Line D Plans and either approve them or provide written comments specifically identifying any required changes within fourteen (14) days of receipt. The City's approval of the Line D Plans will not be unreasonably withheld. The City will reimburse the ..Developer for the City's cost share, as described in subsection (c), below, of (a) engineering fees for the Line D Plans equal to twelve and one-half percent (12 1/2%) of the construction cost of Line D, and (b) the costs of inspection, testing, permits and environmental studies for Line D within 30 days of the Developer's written request, accompanied by a copy of the Developer's contract with the Line D Engineer, documentation confirming the Developer's payment of the Line D Engineer for the Line D Plans and documentation confirming the Developer's payment for the costs of inspection, testing, permits and environmental studies. (b) Bidding and Contract Award. The contract for construction of each phase of Line D will be advertised for bid by the Developer, on behalf of the Districts, in accordance with all applicable legal requirements, including Chapter 49, Texas Water Code. Each phase of Line D will be bid both at the size originally proposed by the Developer and at the size required by the City. The contract or contracts for Line D will be awarded by the Developer, on behalf of the Districts, to the lowest responsible bidder. 5 (c) City Cost Share. The City's share of the costs of each phase of Line D will be the difference between the cost of that phase if built at the size required to serve the Districts only and the cost of the phase built at the size required by the City, based on the low bid amounts. (d) Construction. Each phase of Line D will be constructed in a good and workmanlike manner, and all material used in such construction will be substantially free from defects and fit for its intended purpose. The City will inspect the construction, and the Developer will pay the City a portion of the costs of such inspections, based on the percentage of construction costs for that phase of Line D being borne by Developer as determined under (c). (e) Status Reports. The Line D Engineer will provide the Developer and the City with monthly construction status reports. (f) Progress Payments by City. The City agrees to pay a share of the cost of each phase of Line D, based on the incremental cost determined under (c), above, in accordance with Section 8.503(4) of the Round Rock City Code regarding reimbursement for oversized mains. If there are insufficient funds in the City's oversize account to make any payments due under this Section, the Developer will be entitled to a credit against any wastewater oversize fees otherwise due under Section 8.503 of the City Code and against any impact fees otherwise due to the City. (g) Guarantee and Reservation of Capacity. Upon completion of each phase of Line D and payment by the City of its cost share as provided above, that phase of Line D will be transferred and conveyed to the City subject to the irrevocable and permanent reservation of 2,353 LUEs of capacity to the Developer on behalf of the Districts. The conveyance will also be subject to the Developer's right to reimbursement from the Districts as permitted by the rules of the Commission. The City will accept each phase of Line D for ownership, operation and maintenance, subject to the reservations described above. The Developer may, at any time, transfer its reserved capacity in a phase of Line D to the Districts by written notice to the City. Developer shall not transfer such capacity to any other entity or person without the express written consent of the City, which will not be unreasonably withheld. 2.05 Credits Against Capacity Payment. The City acknowledges that certain costs of the McNutt Interceptor are or will be included in the City's wastewater community impact fee calculation and will be collected at the time the City's wastewater community impact fees are paid for future development. It would not be equitable for the Developer to both cost participate in the facilities described in this Article and pay a full wastewater community impact fee. Therefore, in consideration of the Developer's construction and cost participation the McNutt Interceptor as described in this Agreement, the Developer will receive a credit against the City's wastewater impact fees for any costs of Line D that are included in the impact fee at the time of payment. 2.06 Wastewater Pump and Haul Option. The City and the Developer acknowledge that completion of Line A may not be achieved prior to the time that Developer desires to commence construction of homes within the Land. The City agrees that Developer may institute sewer "pump and haul" from model homes within the Land under certain conditions. These conditions are: (1) Line A is under construction; (2) Developer has posted required fiscal for its share of the costs of Line A in accordance with Section 2.02(e) above; (3) all applicable state permits or requirements for a sewer pump and haul have been obtained or met; (4) such model homes are not occupied except as use for a sales office and display; and (5) all other homes 6 under construction shall have a sewer plug installed on the lot to prevent the disposal of waste from a home into the sanitary sewer system in the development until such time as Line A is operational. The cost of the sewer pump and haul will be borne solely by the Developer. ARTICLE III WATER SERVICE 3.01 Water Utility Provider. The Land is located within the water service area of Jonah Water Supply Corporation ("Jonah"). Water service to all of the Land shall be provided by Jonah. ARTICLE IV ROADWAY IMPROVEMENTS 4.01 Infrastructure Fees; Right of Way Dedications. (a) Subject to the credits described in this Section, the Developer will pay the City an infrastructure fee of $3,600 per net developable residential acre and $14,000 per net developable commercial acre within each approved final plat of a portion of the Land (the "Infrastructure Fees"). These Infrastructure Fees will be calculated and paid at the time of recordation of each final plat. As used in this Section, "net developable acre" means land actually used for development and does not include land dedicated, conveyed or reserved for arterial rights-of- way, detention ponds, public parks or open space. Subject to the prior written consent and approval of the City, the cost of any improvements constructed by the Developer to roadways depicted on the City's approved Roadway Plan dated March 2004, including County Road 109 and County Road 110, will be applied to and reduce the Infrastructure Fees payable to the City under this subsection, and in no event will the Developer by required to make improvements which, when added to the cost of improvements previously made plus the Infrastructure Fees previously paid, exceed the total Infrastructure Fees otherwise payable under this subsection (the "Fee Cap"). The City will give the Developer an opportunity to provide input to the City regarding theexpenditure of the Infrastructure Fees paid by the Developer, so that such fees are used to improve roadways serving the Land. The City hereby consents to and approves the improvements described on Exhibit F, and agrees that the Developer's cost of such improvements will be applied to and reduce the Infrastructure Fees payable under this subsection. (b) The Developer will dedicate, at no cost to the City, one-half of the right-of-way required for roads shown on the Concept Plan which bound the Land, and 100% of the right-of- way required for the portion of any arterials shown on the Concept Plan which bisect the Land. The parties acknowledge that the final location of certain of such roadways may be subject to minor changes based on the final right-of-way alignment. Any sums advanced by the Developer for improvements outside of or on the boundaries of the Land required under this subsection will be credited against the Infrastructure Fees and will be subject to the Fee Cap. 7 ARTICLE V CONCEPT PLAN Section 5.01 Phased Development. Developer intends to develop the Land in phases. Portions of the Land not under active development may remain in use as income-producing agricultural lands or as open space land. Section 5.02 Concept Plan; Exceptions. The City hereby confirms (i) its approval of the Concept Plan, and (ii) that the Concept Plan complies with the City's General Plan, as amended. The City approves the land uses, densities, exceptions, roadway alignments and widths and other matters shown on the Concept Plan, and confirms that the Conceptual Development Plan has been approved by all required City departments, boards and commissions. Provided, however, it is understood and acknowledged that at the present time the ultimate 100 year floodplain has not been determined for the Land. The Developer and the City agree that the Concept Plan shall be modified to reflect the ultimate 100 year floodplain when it is determined and Exhibit B shall be amended, administratively to reflect the change. The Developer shall also provide to the City a copy of the engineering study that determines the location of the ultimate 100 year floodplain for the Land. Section 5.03 Development Review and Approval. It is the parties mutual intention that the City will have the sole responsibility for review and approval of all construction plans, development plans, preliminary plans, and subdivision plats within the Land. If an amendment to the City's interlocal agreement with Williamson County is required to assure that no County review of such plans is required and that no related County Fees are assessed, the City agrees to promptly request and use good faith efforts to obtain such an amendment. Section 5.04 Term of Approvals. Except as provided below, the Concept Plan will be effective for the term of this Agreement. Any preliminary subdivision plat or final subdivision plat that is consistent with the Concept Plan, applicable City ordinances and State law will be effective for the term of this Agreement. The Concept Plan will be deemed to have expired if no final plat of the Land is recorded for a period of five (5) years. Section 5.05 Amendments. Due to the fact that the Land comprises a significant land area and its development will occur in phases over a number of years, modifications to the Concept Plan may become desirable due to changes in market conditions or other factors. Variations of a preliminary plat or final plat from the Concept Plan that do not increase the overall density of development of the Land, will not require an amendment to the Concept Plan. Minor changes to the Concept Plan,including minor modifications of street alignments, minor changes in lot lines, the designation of land for public or governmental uses; changes in lot sizes that do not result in an increase in the overall density of development of the Land (including any increase in lot sizes resulting in a decrease in the total number of lots) or any change to a public use, including, but not limited to school use, will not require an amendment to the Concept Plan or City approval. Major changes to the Concept Plan must be consistent with the terms of this Agreement and will be subject to review and approval by the City, which will not be unreasonably withheld. 8 ARTICLE VI CREATION OF DISTRICT Section 6.01 Consent to Creation of District. The City acknowledges receipt of Developer's request, in accordance with Section 54.016, Texas Water Code and Section 42.042, Texas Local Government Code, for creation of the Districts over the Land. On the Effective Date of this Agreement, the City has approved resolutions attached as Exhibit G consenting to the inclusion of the Land within the proposed Districts. The City further consents to the annexation of the tract depicted on Exhibit H into the boundaries of either of the proposed Districts. Section 6.02 Wholesale Wastewater Services to Districts. The City agrees to enter into a wholesale wastewater utility services agreement with each of the Districts on the terms set forth on Exhibit I. This agreement will include any other standard terms contained in City wholesale wastewater service contracts that are not in conflict with the terms of Exhibit I. The Districts will provide retail water and wastewater services within their respective boundaries. Section 6.03 Street Lighting. Developer, or an electric utility, will construct all required street lighting within the boundaries of the Districts, and the Districts will be required to operate and maintain the street lighting within their respective boundaries. Section 6.04 Annexation. (a) The City agrees that it will not annex the District until: (i) water, wastewater and drainage facilities have been completed to serve at least 90% of the developable acreage within the District; and (ii) (a) Developer has been reimbursed by the District for the water, wastewater and drainage facilities in accordance with the rules of the Commission or (b) the City has expressly assumed the obligation to reimburse Developer under those rules. The City agrees that a request for annexation will not be required with the filing of any final plat of property within the District. (b) Contemporaneously with the annexation of the land within the District, the City will zone any undeveloped property within that District consistently with the land uses shown on the Concept Plan, and will zone all developed property consistently with the land uses in existence on the date of the annexation. ARTICLE VII DEVELOPMENT MATTERS Section 7.01 Generally. Developer will have the right to select the providers of CATV, gas, electric, telephone, telecommunications and all other utilities and services, including solid waste collection and recycling services, or to provide "bundled" utilities within the Land. Section 7.02 Drainage. The City agrees that the Land will be eligible to participate in the City's regional detention facilities, rather than providing on-site detention, on the same basis as other developments within the City's extraterritorial jurisdiction. Subject to the City's review and approval of the Developer's drainage plan, the availability of capacity, and the payment of all applicable City fees, the City agrees to provide written confirmation of its commitment of 9 detention capacity or services for the Land. The Developer, or its successors or assigns, will maintain all stormwater drainage facilities within the Land that are not accepted by the District for operation and maintenance, including all drainage easements. The City will not require the installation of any drainage improvements which do not qualify for construction under the existing nationwide Section 404 Permit issued by the Corps of Engineers. Section 7.03 Fire Protection Services. The Developer agrees to negotiate a fire plan with the City, for presentation to the District, under which each District would receive fire protection and emergency service from the City and the District would compensate the City for such services as authorized by Section 49.351, Texas Water Code,. The City acknowledges that any fire protection plan must be approved by the Commission and the voters within the District, and approval will be subject to confirmation that the Land is not included within the service area of an existing emergency services district. Section 7.04 Exclusion of Commercial Acreage. The Developer agrees to exclude the approximately 12.5 acres, as shown on the Concept Plan, from the Districts prior to the time the applicable District calls an election to authorize the issuance of bonds, in order to enable the city to annex such acreage. The City consents to the Districts' provision of out -of -District service to the excluded commercial acreage. Section 7.05 Annexation of Certain Land into City Corporate Limits. The City desires to expand its corporate limits and its extraterritorial jurisdiction in order to provide for the City's orderly expansion and extension of facilities. Under applicable provisions of the Texas Local Government Code, a municipality may generally not annex a tract of land that is less than 1,000 feet in width. Accordingly, the Developer agrees that, prior to the creation of the Districts by the Commission, the City may annex portions of the Land along and including the right-of-way for County Road 110, as depicted on Exhibit J ("Annexation Tracts"). The Developer agrees to prepare, at its cost, and provide field notes for the Annexation Tracts to the City within 30 days of the date of this Agreement. The City agrees to bear all other costs of such annexations and to complete the annexations within four months of the date of this Agreement. The Developer agrees to execute any necessary requests for or consents to such annexations if requested to do so by the City. The City acknowledges that the annexations must be completed prior to the creation of the Districts by the Commission. Section 7.06 Exclusion of Certain Portions of the Annexation Tracts. The City agrees that, within 30 days after the Commission's issuance of Orders creating the Districts, the City will initiate proceedings to exclude all portions of the Annexation Tracts which are located within the Districts and outside the county road rights -of way for County Road 109 and County Road 110. The City will bear all costs of such exclusions and will complete such exclusions within four months of the date of the Commission Orders creating the Districts. Section 7.07 No Other Oversizing Required. No further oversizing of facilities to serve the Land is anticipated by the City at this time. If, in the future, the City determines that it would be in its best interest to oversize additional facilities which are to be constructed by the Developer, then the City may request that such facilities be oversized and, provided that the oversizing does not result in a delay in construction and the City pays all costs resulting from its request for oversizing, the Developer agrees to cooperate with the City to accommodate such request. Except as provided in this Agreement, no other oversizing of or cost participation in 10 upsizing of facilities will be required of the Developer or the Districts, unless such additional oversizing is required due to a change in the Developer's utility requirements or an increase in the density of development of the Land above that projected in the Concept Plan. ARTICLE VIII PARK AND RECREATIONAL AMENITIES Section 8.01 Parkland. The Developer agrees that the park and open space land shown on the Conceptual Development Plan will be dedicated to the Districts, another governmental agency, open space, mitigation or other public purposes. The City agrees that Developer will receive a 100% credit for such dedication against the City's parkland dedication requirements and that no additional parkland dedication or park fees will be required. Any trails within the park and open space land will be constructed in accordance with the City's standards open to the public. Section 8.02 Improvements. Any playground equipment constructed by Developer will meet consumer product safety standards. ARTICLE IX AUTHORITY AND VESTING OF RIGHTS Section 9.01 Authority. This Agreement is entered into, in part, under the statutory authority of Section 402.104, Texas Local Government Code and Section 212.172 of the Texas Local Government Code, which authorizes the City to make written contracts with the owners of land establishing lawful terms and considerations that the parties agree to be reasonable, appropriate, and not unduly restrictive of business activities. The parties intend that this Agreement guarantee the continuation of the extraterritorial status of portions of the Land as provided in this Agreement; authorize certain land uses and development on the Land; provide for the uniform review and approval of plats and development plans for the Land; provide exceptions to certain ordinances; and provide other terms and consideration, including the continuation of land uses and zoning after annexation of the Land. Section 9.02 Vesting of Rights. The Concept Plan submitted by Developer on June 15, 2005 constitutes an application by Developer for the subdivision and development of the Land, and initiated the subdivision and development permit process for the Land. The City acknowledges that Developer has vested authority to develop the Land in accordance with this Agreement subject to any limitations contained in Chapter 245, Texas Local Government Code. ARTICLE X TERM, ASSIGNMENT AND REMEDIES Section 10.01 Term. The term of this Agreement will commence on the Effective Date and continue for 15 years thereafter, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and Developer. Upon the expiration of 15 years, this Agreement may be extended, at Developer's request, with City Council approval, for up to two successive 15 -year periods. Section 10.02 Termination and Amendment by Agreement. This Agreement may be terminated or amended as to all of the Land at any time by mutual written consent of the City 11 and Developer and, following creation of the District, the District, and may be terminated or amended only as to a portion of the Land by the mutual written consent of the City and the owners of the portion of the Land affected by the amendment or termination and, following creation of the District, the District containing such portion of the Land. Section 10.03 Assignment. (a) This Agreement, and the rights of Developer hereunder, may be assigned by Developer, with the City's consent, to a subsequent developer of all or a portion of the undeveloped Land. Any assignment will be in writing, specifically set forth the assigned rights and obligations and be executed by the proposed assignee. The City's consent to any proposed assignment will not be unreasonably withheld or delayed. (b) If Developer assigns its rights and obligations hereunder as to a portion of the Land, then the rights and obligations of any assignee and Developer will be severable, and Developer will not be liable for the nonperformance of the assignee and vice versa. In the case of nonperformance by one developer, the City may pursue all remedies against that nonperforming developer, but will not impede development activities of any performing developer as a result of that nonperformance. (c) This Agreement is not intended to be binding upon, or create any encumbrance to title as to, any ultimate consumer who purchases a fully developed and improved lot within the Land. Section 10.04 Remedies. (a) If the City defaults under this Agreement, Developer may enforce this Agreement by seeking damages and/or a writ of mandamus from a Williamson County District Court, or may give notice setting forth the event of default ("Notice") to the City. If the City fails to cure any default that can be cured by the payment of Money ("Monetary Default") within 45 days from the date the City receives the Notice, or fails to commence the cure of any default specified in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and thereafter to diligently pursue such cure to completion, Developer may terminate this Agreement as to all of the Land owned by Developer, or as to the portion of the Land affected by the default; however, any such remedy will not revoke the City's consent to the creation of the District. (b) If. Developer defaults under this Agreement, the City may enforce this Agreement by seeking damages and/or injunctive relief from a Williamson County District Court, or the City may give Notice to Developer. If Developer fails to cure any Monetary Default within 45 days from the date it receives the Notice, or fails to commence the cure of any default specified in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and thereafter to diligently pursue such cure to completion, the City may terminate this Agreement; however, any such remedy will not 'revoke the City's consent to the creation of the District. (c) If either party defaults, the prevailing party in the dispute will be entitled to recover its reasonable attorney's fees, expenses and court costs from the non -prevailing party. Section 10.05 Cooperation. 12 (a) The City and Developer each agree to execute such further documents or instruments as may be necessary to evidence their agreements hereunder. (b) The City agrees to cooperate with Developer in connection with any waivers or approvals Developer may desire from Williamson County in order to avoid the duplication of facilities or services in connection with the development of the Land. (c) In the event of any third party lawsuit or other claim relating to the validity of this Agreement or any actions taken hereunder, Developer and the City agree to cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim without diminution in their respective rights and obligations under this Agreement. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement, or (iv) by confirmed facsimile with a confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or 3 days after the date of mailing. Notice given in any other manner will be effective only when received. For purposed of notice, the addresses of the parties will, until changed as provided below, be as follows: CITY: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attn: City Manager With Required Copy to: Steve Sheets Sheets & Crossfield 309 E. Main Street Round Rock, Texas 78664-5264 DEVELOPER: Double J. Investments, L.P. 4309 Rio Robles Drive Austin, Texas 78746 Attention: Joe Stafford With Required Copy to: Sharlene N. Collins Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 The parties may change their respective addresses to any other address within the United States of America by giving at least five days' written notice to the other party. Developer may, by 13 giving at least five days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Section 11.02 Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid or enforceable provision as is possible. Any failure by a party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. Section 11.03 Applicable Law and Venue. The interpretation, performance, enforcement and validity of this Agreement is governed by the laws of the State of Texas. Venue will be in a court of appropriate jurisdiction in Williamson County, Texas. Section 11.04 Entire Agreement. This Agreement contains the entire agreement of the parties. There are no other agreements or promises, oral or written, between the parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the parties. This Agreement supersedes all other agreements between the parties concerning the subject matter. Section 11.05 Exhibits, Headings, Construction and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The paragraph headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever appropriate, words of the masculine gender may include the feminine or neuter, and the singular may include the plural, and vice -versa. The parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of construction . that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits hereto. If there is any conflict or inconsistency between the provisions of this Agreement and otherwise applicable City ordinances, the terms of this Agreement will control. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. This Agreement will become effective only when one or more counterparts, individually or taken together, bear the signatures of all of the parties. Section 11.06 Time. Time is of the essence of this Agreement. In computing the number of days for purposes of this Agreement, all days will be counted, including Saturdays, Sundays and legal holidays; however, if the final day of any time period falls on a Saturday, Sunday or legal holiday, then the final day will be deemed to be the next day that is not a Saturday, Sunday or legal holiday. Section 11.07 Authority for Execution. The City each certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with its City Charter and City ordinances. Developer hereby certifies, represents, and warrants that 14 the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership agreement of each entity executing on behalf of Developer. Section 11.08 Force Majeure. If, by reason of force majeure, either party is rendered unable, in whole or in part, to carry out its obligations under this Agreement, the party whose performance is so affected must give notice and the full particulars of such force majeure to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, will, to the extent it is affected by such force majeure, be suspended during the continuance of the inability but for no longer period. The party claiming force majeure must endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" means Acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas, or of any court or agency of competent jurisdiction or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, vandalism, explosions, breakage or accidents to machinery, pipelines or canals, or inability on the part of a party to perform due to any other causes not reasonably within the control of the party claiming such inability. Section 11.09 Exhibits. The following exhibits are attached to this Agreement, and made a part hereof for all purposes: Exhibit A - Metes and Bounds Description of the Land Exhibit B - Concept Plan including Boundary Roads and Arterials Exhibit C - McNutt Interceptor Schematic Plan Including Depiction of Line A, Line B and Line D Exhibit D - Line A Construction Schedule Exhibit D-1 Location of Easement Exhibit E - Line A Preliminary Budget Exhibit F - Roadway Improvements Exhibit G - District Consent Resolution Exhibit H - District Annexation Tract Exhibit I - Terms of Wholesale Wastewater Services Exhibit J - City Annexation Tracts 15 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates indicated below. CITY OF ROUND ROCK By: Name: Title: Date: DOUBLE J INVESTMENTS, L.P. By: Pacific Development, Inc. By: Date: THE STATE OF TEXAS COUNTY OF WILLIAMSON Joe Stafford, President This instrument was acknowledged before me on , 2005, by of the City of Round Rock, a home -rule city on behalf of said City. (Seal) Notary Public Signature 16 THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on , 2005, by Joe Stafford, President of Pacific Development, Inc,. General Partner of Double J Investments, L.P, a limited partnership on behalf of said limited partnership. (Seal) Notary Public Signature 17 EXHIBIT A [Metes and Bounds Description of the Land] 18 206469-18 09/13/2005 EXHIBIT A AUSTIN. SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat 125731' FIELD NOTES FOR 87.291 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being a part of a 171,8 acre tract of land conveyed to Lester E. Westberg by deed recorded in Volume 769, page 799 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the West line of County Road #110, in the Northeast corner of a 6.64 acre tract of land conveyed to Chinmaya Mission Austin by deed recorded as Document No. 2001046382 of the Official Records of Williamson County, Texas, for the Southeast corner of the above mentioned 171.8 acre tract and the Southeast corner of this tract. THENCE N 88°46'45"W with the South line of the said 171.8 acre tract 344.87 feet to a capped iron pin found in an angle point of the above mentioned 6.64 acre tract for an angle point of this tract. THENCE S 12°59'39"W 104.47 feet to a capped iron pin found in an angle point of the said 171,8 acre tract and the said 6.64 acre tract for an angle point of this tract. THENCE N 68°58'17"W at 580.03 feet pass the Northwest corner of the said 6.64 acre tract and continue for a total of 1226.55 feet to an iron pin set in the approximate center of McNutt Creek and the East line of a 106.6 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 9835986 in the above mentioned Official Records, in the West corner of a 21.448 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 2000009000 in the said Official Records, for the Southwest corner of this tract. THENCE N 04°36'02"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 181.88 feet to an iron pin set for an angle point of this tract. THENCE N 45°29'50"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 139,83 feet to an iron pin set for an angle point of the said 106.6 acre tract and a reentrant corner of this tract. THENCE N 82°24'04"E 196.90 feet to an iron pin set in an angle point of the said 106.6 acre tract and the 171.8 acre tract for an angle point of this tract. THENCE N 03°33'56"W 586.74 feet to a X in stone found on the South line of a 15.19 acre tract conveyed to Ken Burge by deed recorded as Document No. 9618889 of the said Official Records; in the Northeast corner of the said 106.6 acre tract and an angle point of the said 171.8 acre tract, for an angle point of this tract. THENCE N 88°03'37"E 22.87 feet to an iron pin found in the Southeast corner of the above mentioned 15.19 acre tract for an angle point of this tract. THENCE N 03°09'59"W 1473.64 feet to an iron pin found on the South line of a 21.67 acre tract of land conveyed to Linda Bushong in Document No. 9708518 of the said Official Records, in the Northeast corner of the said 15.19 acre tract for the Northwest corner of this tract. THENCE N 89°57'42"E with the South line of tate above mentioned 21.67 acre tract of land 1010.74 feet to an iron pin set on the West line of Lot 1 of Anderson Hill as recorded in Cabinet 1, Slide 197 of the Plat records of Williamson County, Texas for an ell corner of this tract. THENCE S 00°26'09"E 153.95 feet to an iron pin found in the Southwest corner of the above mentioned Lot 1 for an angle point of this tract. 87.291 ACRES PAGE 2 OF 2 THENCE S 86°08'51" E at 507.09 feet pass an iron pin found in the Southeast corner of the said Lot 1 and continue fora total of 518.98 feet to an iron pin set on the West line of County Road 1110 for the Northeast corner of this tract. THENCE S 00°03'15" W 2520.64 feet to the POINT OF BEGINNING, containing 87.291 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude . Hinkle, Jr. R.P.L.S. No. 4629 04.. Date 1354.doc AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat I354A FIELD NOTES FOR 274.073 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being all of a 33.370 acre tract of land, designated as Tract A, in a deed to Joe F. Stafford et ux recorded as Document No. 2005034014 in the Official Records of Williamson County, Texas and also being all of two 33.370 acre tract of land, designated as Tracts B and C, conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005034015 of the above mentioned Official Records, being also all of a 19.994 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005033244 of the said Official Records and being also all of a 62.01 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 625, Page 155 of the Deed Records of Williamson County, Texas and also being all of a 22.0 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 648, Page 443 of the above ]mentioned Deed Records and also being all of a 30.00 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as Document No. 2004050986 of the said Official Records and being also a part of a 89.1 acre tract of land, designated as the First Tract, conveyed to A.R. Westberg deed recorded in Volume 345, Page 231 of the Deed records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the South line of County Road #109, in the Northwest corner of Green Gate Section One as recorded in Cabinet I, Slide 325 of the Plat Records of Williamson County, Texas and the Northeast corner of the above mentioned Tract C for the Northeast comer of this tract. THENCE S 00°19'03" W at 798.53 feet pass an iron pin found in the Southwest corner of Green Gate Section One and the Northwest corner of Country View Estates as recorded in Cabinet N, Slide 90 of the above mentioned Plat Records and continue for a total of 2341.90 feet to an iron pin found in the Southwest corner of the above mentioned Country View Estates for the Southeast corner of the said Tract C and an angle point of this tract. THENCE S 89°46'00" W 681.53 feet to an iron pin found on the East line of the above mentioned 19.994 acre tract of land, in the Northwest corner of a 124.63 acre tract of land conveyed to A. Kreuger by deed recorded in Volume 411, Page 362 of the said Deed Records, for the Southwest corner of the said Tract C and an ell corner of this tract. THENCE S 00°06'00" E with the West line of the above mentioned 124.63 acre tract 2329.05 feet to an iron pin found in the Southeast comer of the above mentioned 62.01 acre tract and the Northeast comer of the above mentioned 89.1 acre tract for an angle point of this tract. THENCE S 00°03'51" W with the West line of the said 124.63 acre tract and the East line of the said 89.1 acre tract 1716.68 feet to an iron pin set for the Southeast comer of this tract. THENCE WEST 1775.68 feet to an iron pin set on the East line of County Road # 110 for the Southwest corner of this tract, THENCE N 00°01'14" E with the East line of County Road #110 at 1716.67 feet pass an iron pin found in the Northwest corner of the above mentioned 30.00 acre tract and the Southwest corner of the above mentioned 62.01 acre tract at 3237.62 feet pass the Northwest corner of the said 62.01 acre tract and the Southwest corner of the above mentioned 22.0 acre tract and continue for a total of 3777.09 feet to an iron pin set in the Southwest comer of the above mentioned 19.994 acre tract for the Northwest comer of the above mentioned 22.0 acre tract and an angle point of this tract. THENCE with the East line of County Road #110 and the West line of the said 19.994 acre tract for the following two (2) courses: (3) N 00°00'07" E 82.87 feet to an iron pin set for an angle point. (4) N 03°22'28" W 92.83 feet to an iron pin set in a reentrant corner of the said 19.994 acre tract for the Northwest corner of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 222.80 feet to an iron pin set for an ell corner of this tract. 274.073 ACRES PAGE 2 OF 3 THENCE N 00°02'34" W 359.96 feet to an iron pin set on the South line of a 10.00 acre tract of land conveyed to Janet E. Washburn by deed recorded as Document No. 2002023570 of the said Official Records for Northwest corner of the said 19.994 acre tract and an angle point of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 513.16 feet to an iron pin set in the Southeast corner of the above mentioned 10.00 acre tract and the Southwest comer of the said Tract A for an angle point of this tract. THENCE N 00°11'45" E 719.85 feet to an iron pin set in the Northeast corner of the above mentioned 10.00 acre tract for an ell corner of this tract. THENCE WEST 390.20 feet to an iron pin found on the East line of a 5.79 acre tract of land conveyed to J.R. Johnson in Volume 2020, Page 615 of the above mentioned Deed Records for the Northwest corner of the said 10.00 acre tract, an ell corner of the said Tract A and an ell corner of this tract. THENCE N 00°02'02" W 397.55 feet to an iron pin found in an ell corner of the said tract A for an ell corner of this tract. THENCE WEST 210.45 feet to an iron pin found in an ell corner of the said Tract A for an ell corner of this tract. THENCE N 00°04'37" W at 0.25 feet pass the Southeast corner of a 5.99 acre tract conveyed to E. C. Martinez by deed recorded in Volume 2203, Page 104 of the above said Deed Records and continue for a total of 990.09 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 5.99 acre tract, for the Northwest corner of the said tract 1 and the Northwest corner of this tract. THENCE S 89°51'58" E with the South line of County Road #109 823.17 feet to an iron pin set for angle point of this tract. THENCE S 00°08'02" W 18.30 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 50.00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 78.54 feet the long chord of which bears S 45°07'53" W 70.71 feet to an iron pin set for the PT of the said curve. THENCE S 00°07'53" W 76.49 to an iron pin set for an angle point of this tract. THENCE S 55°39'39" E 192.96 feet to an iron pin set for an angle point of this tract. THENCE N 40°30'02" E 159.85 feet to an iron pin set for an angle point of this tract THENCE N 67°50'32" E 30.50 to an iron pin set for an angle point of this tract. THENCE N 15°23'24" W 124.44 to an iron pin set on the South line of County Road #109 for the Northwest comer of this tract THENCE S 89°51'58" E with the South line of County Road #109 494.28 feet to an iron pin found in the Northwest comer of a 0.50 acre tract of land conveyed to Daniel Brett in Document No. 2002005540 of the said Official Records for a reentrant corner of this tract. THENCE S 00°10'34" W 400.01 feet to an iron pin found in the Southwest corner of the above mentioned 0.50 acre tract for an ell corner of this tract. THENCE S 89°58'50" E 383.39 feet to an iron pin found in the Southeast corner of a 3.017 acre tract of land conveyed to Daniel Brett in Document No. 2001064995 of the said Official Records for an ell comer of this tract. THENCE N 00°12'06" E 399.12 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 3.017 acre tract, for an ell corner of this tract. THENCE S 89°55'22" E with the South line of County Road #109 145.22 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. 274.073 ACRES PAGE 3 OF 3 THENCE S 87°21'55" E with the South line of County Road #109 163.87 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. THENCE S 81°21'07" E with the South line of County Road #109 119.38 feet to the POINT OF BEGINNING, containing 274.073 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude F. Hinkle, Jr. R.P.L.S. No. 4629 Date /1 fp/ air 1354A:doc AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to map 1354P1 FIELD NOTES FOR 244.181 ACRES All that certain tract or parcel of land situated in the Henry Millard Survey, A452, and William Dunn Survey, A-196, in Williamson County, Texas and being a part of a 148.36 acre tract of land conveyed to Richard Liardon et al by deed recorded in Volume 2091, Page 314 of the Deed Records of Williamson County, Texas and being also a part of a 146.97 acre tract of land conveyed to R.A. Oman et al by deed recorded in Volume 508, Page 95 of the above mentioned Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the Northeast line of County Road #110 for the West corner of this tract from which iron pin an iron pin found in the West corner of the above mentioned 148.36 acre tract bears N 18°59'04" W 616.21 feet. THENCE N 70°59'27" E 2475.82 feet to an iron pin set on the Northeast line of the said 148.36 acre tract and the Southwest line of a 72 acre tract of land recorded in Volume 2019, Page 31 of the above mentioned Deed Records for the North comer of this tract. THENCE S 19°17'36" E with the Northeast line of the said 148.36 acre tract 1115.28 feet to an iron pin set in an ell comer of the said 148.36 acre tract and the South comer of the above mentioned 72 acre tract for an ell corner of this tract. THENCE N 70°55'37" E with the Northeast line of the said 1484.36 acre tract 398.85 feet to an iron pin found in the West corner of a 10.00 acre tract of land described in Document No. 9714372 of the Official Records of Williamson County, Texas, for an ell corner of the said 148.36 acre tract and an ell corner of this tract. THENCE S 19°25'19" E with the Southwest line of the above mentioned 10.00 acre tract 778.26 feet to an iron pin found in the North corner of a 146.97 acre tract of land conveyed to R.A. Oman et al by deed recorded in Volume 508, Page 95 of the said Deed Records for the East corner of the said 148.36 acre tract and an angle point of this tract. THENCE S 19°07'18" E 387.63 feet to a fence post found in the South corner of the last mentioned 10.00 acre tract and the West corner of a 50 foot wide road easement recorded in Volume 794, Page 282 of the said Deed records for an angle point of this tract. THENCE S 19°38'07" E 564.28 feet to a fence post found in the South comer of a 8.767 acre tract of land conveyed to K. Schwab et al by deed recorded in Volume 2135. Page 949 of the said Deed Records and the West corner of the above mentioned 24.953 acre tract for an angle point of this tract. THENCE S 19°13'56" E with the Southwest line of the said 24.953 acre tract 555.69 feet to an angle point of this tract. THENCE S 18°41'23" E 243.15 feet to a fence post found for an angle point of this tract. THENCE S 19°47'12" E 553.72 feet to a fence post found for an angle point of this tract. THENCE S 18°55'18" E 415.40 feet to an iron pipe found on the North line of County Road #109, in Southwest corner of a 24.953 acre tract conveyed to K.R. Schwab in Document No. 2001047964 of the Official Records of Williamson County , Texas, for the Southeast comer of the above mentioned 146.97 acre tract and the Southeast corner of this tract. THENCE N 89°51'50" W 3250.40 feet to an iron pin set in the intersection of the North line of County Road # 109 and the East line of County Road # 110 for the Southwest corner of the said 146.97 acre tract and the Southwest comer of this tract. THENCE N 14°09'59" W with the East line of County Road #110 234.28 feet to an iron pin found in the Southwest corner of a 10.00 acre tract of land conveyed to Jonah Water Supply Utility District by deed recorded as Document No. 2003012825 of the above mentioned Official Records for a reentrant corner of this tract. THENCE N 71°16'15" E 668.10 feet to an iron pin found in the Southeast corner of the above mentioned 10.00 acre tract for an angle point of this tract. 244.181 ACRES PAGE 2 OF 2 THENCE N 14°14'26" W 634.97 feet to an iron pin found in the Northeast corner of the said 10.00 acre tract for an angle point of this tract. THENCE S 71°16'16" W 688.15 feet to an iron pin found on the East line of County Road #110 for the Northwest corner of the said 10.00 acre tract and an angle point of this tract. THENCE N 14°14'48" W with the East line of County Road #110 695.17 feet to an iron pin found in the Southwest corner of a 0.99 acre tract of land conveyed to T. Holmstrom by deed recorded in Volume 842, Page 713 of the above mentioned Deed Records for the Northwest corner of the said 146.97 acre tract and the Northwest comer of this tract. THENCE N 71°40'30" E 393.49 feet to an iron pin found in the Southeast corner of the above mentioned 0.99 acre tract and the South corner of a 148.36 acre tract of land conveyed to Richard Liardon et al by deed recorded in Volume 2091, Page 314 of the said Deed Records for an angle point of this tract. THENCE N 18°25'28" W with the Northeast line of the above mentioned 0.99 acre tract 42.53 feet to an iron pin found in the South corner of a 8.602 acre tract of land conveyed to J.E. Howe et ux in Document No. 9731354of the said Official Records for an angle point of this tract. THENCE N 40°29'26" E 325.79 feet to an iron pin found in the East corner of the above mentioned 8.602 acre tract for an angle point of this tract. THENCE N 18°34'34" W 656.35 feet to an iron pin set in the North corner of the said 8.602 acre tract for an ell corner of this tract. THENCE S 70°46'04" W 640.11 feet to an iron pin found on the Northeast line of County Road #110 for the West comer of the said 8.602 acre tract and an angle point of this tract. THENCE N 18°59'04" W 1130.83 feet to the POINT OF BEGINNING containing 244.181 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude . Hinkle, Jr. R.P.L.S. No. 4629 Date 1354.doc EXHIBIT B [Concept Plan including Boundary Roads and Arterials] 206469-18 09/13/2005 EXHIBIT B r✓ v0_+D m @ 3AB F435: c4i4 of c N + W + !cc?, -:;1 to + n n n n W rn w Ata Ou fD 0 0 0 0 A + N I'S O V N b) O O 01N -+W O to A tR to m m @ @ a @ c) v W A 9)", W D IJ O) IV e e e e e e V3 N �a 01 A O N A O N O V V] + Ot Fit MB Fd 47 E'i PARCEL !4 RUED FAULY 22.0 A0. 40.0 DWAC. 20 UNITS Flamm. TO INE IMAM No IMMIM5AT Tei YU RAN MS. ner,41- *7%1 '���� Ie ll '44 *V h'7mr1 WrAoel* A ���_4g�i1 0 � �gman !lagvon 1OM aWA7,4011in NI. • TNf!-»� Yep A -CT .t OA Yu ,eeol PARCEL 1! TORD540525 10.4 AC. 12 DU/AC 126 UNIT. i EOU».l'IYY Yciup GAYnTE6 m -1 D 0 SIENNA HILLS CONCEPT PLAN ROUND ROCK, TEXAS EXHIBIT C [McNutt Interceptor Schematic Plan Including Depiction of Line A, Line B and Line D] 206469-18 09/13/2005 Line C7 t4enate Bulido Line C6 Line 03 3d©tit Line C5 " Ultimate Bufidoun Palp#tta Requirement Line 05 4 UttItxtate Butldou (ETJ) dRock E.C. Line C2 4" Ultimate Buildout " Paloma Requiremen 4 U1ftmate 13ut#dout Paioma Requirement Paloma Develop r en 12" iitimate 13uildou 2" Sienna N#3i Reglstro ttte C4 Imote Buildout rna Requirement 4" Ultimata 01u:3dout 0" Paloma Reuu[rem Line 04 24' Ultimate Bultdeut Sterna Mitts Requiremen Line Cl Ultimate Buildout Pak Requlrente Line 51 42 Ulf#mate i3ulld Line A snata Buildout oma Requirement Diamond sde,R©UND _ROCK.MANH©LES sde.ROUN© ROCK.WASTEWATERLlNES paloma__lake sde.R©UND ROCK,PARCELS Proposed Wastewater Lines McNutt Creek Wastewater Interceptor EXHIBIT D Line A Construction Schedule Item Completion Geotechnical, Surveying October, 2005 Design (Plans and Specifications) December, 2005 Easement Acquisition January, 2006 Bid and Award February, 2006 Construction August, 2007 206469-18 09/13/2005 EXHIBIT D-1 Location of Easement 206469-18 09/13/2005 PROPOSED MCNUTT INTERCEPTOR ROUTE PROPOSED MCNUTT INTERCEPTOR EXHIBIT E Line A Preliminary Budget Capital Cost $12,638,241 Land Acquisition 16,728 Engineering Costs 1,271,680 Total Estimated Budget $13,829,649 2 206469-18 09/13/2005 EXHIBIT F [Roadway Improvements] 206469-18 09/13/2005 LE�,,,�, ,7 LDC. £D WD DE9GNf0 AT TYE 9iE ii OW iwoo =441rd6v 401v AO inIv ill-428 IIIIIIlhlU i Vit • PARCEL 13 TMHOME 10.4 AC. 1122 5 UNITS DU/AC PARCEL 10 TCWNHCME 15.2 AC. 12 DU/AC 182 UNITS LIllillll_ _ Ir =2 :1111%11/,1 SII .. EXHIBIT G A RESOLUTION GRANTING THE CONSENT OF THE CITY OF ROUND ROCK, TEXAS, TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 AND 20 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION RESOLUTION NO. WHEREAS, the City of Round Rock has received a Petition for Consent to the Creation of a Municipal Utility District, proposed to be known as Williamson County Municipal Utility Districts No. 19 and Williamson County Municipal Utility District No. 20 located upon acres, each located in the City's extraterritorial jurisdiction, copies of which petitions are attached as Exhibit 1; 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 creation of two municipal utility districts, proposed to be known as Williamson County Municipal Utility District No. 19 and Williamson County Municipal Utility District No. 20 on acres of land, as described in the attached petitions. Section 2. That the City Council agrees that each District described in Section 1 will contain a portion of the Land, as determined by the property owner. No further action on the part of the City will be required to the establishment of the Districts' boundaries; however, the City will provide confirmation of its consent if requested to do so by the owner of the Land or any District . Section 3. That the City Council further agrees that Williamson County Municipal Utility Districts No. 19 and No. 20 may annex or exclude property within the Land and adjust their boundaries as between the Districts as necessary to facilitate the extension of utilities to and the development of the Land. No further action on the part of the City will be required to evidence its consent to the annexation or exclusion of portions of the Land by a District, but the City agrees to provide additional confirmation of its consent if requested to do so by the owner of the Land or either District. PASSED AND APPROVED on the day of 2005. Mayor, City of Round Rock 206469-18 09/13/2005 ATTEST: APPROVED: City Secretary City Attorney 206469-18 09/13/2005 EXHIBIT H [District Annexation Tract] 206469-18 09/13/2005 A.4W ?WOW 416,4,04,OMIL. loletclO00.011.43Rf MOLY MST *Witt 7,0 30 A. ooTAcOe ct :r4 1,9,20.400 to 1. District Annexation Tract EXHIBIT H (District Annexation Tracts) N :OW .13i• • JR. ROBER17ta-4'.--cNUTT • — !WM 1034244 tAdsge* 434,174 • *goo 1.41 3304.7 .54 tp. —aa • 6;iii.7;32==Fr.r4 Zrivit;l0=rome PFACti. elek11.101i, 0...sumer 0000= PCX.CRY CM LW .00 8011NORY tilY44 11W114 & Rail -Nn Roo 1. S. IL FE. meg. hurDcw, 4,*40:94-4. 4:= .17 0 fl toot, autixit *060.4 11 2ssimOs 00101 it 10 inwpm NW= Kma. HN4275 3t2,370-1.00. 130.30 /C. 1.00 , 0330.025 .Prf4, 0,1904. tvoa4t04:1104 0300 ot s. itvotlito.t.p. 1 o�s tooistot 04,10 Ac: 412 *toe! 200/44 sc. R. McNUTT A-422 J 2030750. 5030313 20(5010 00150C 000:111044 .4112:2‘40 30.00 oc. So. £0400 50 Mcoi730 .0207.41 DEVIAIN 40fItSpit DORDCei DOC .30000 mos.. op 300.24. tO0 0.0 oa fr&K CITY LSAT .,6006,0:000o it440k ESTIVI "1"111"r4E1 PP4p34.011N wr.-mitkal .5.30rumt_.„ HD: NUTTwe DOC EXHIBIT I Terms of Wholesale Wastewater Services 1. The City will provide wholesale wastewater utility services to the Districts, sufficient to serve the land uses shown on the Concept Plan, for cost of service wholesale wastewater utility rates. These rates may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. The City shall be entitled to include a reasonable rate of return in the utility rates. 2. The City will receive, treat and dispose of all sewage generated by customers within the Districts. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the Districts at the same level these services are provided within the City. The City may limit service to the Districts in the same manner and to the same extent that service is limited inside the City limits. 3, Upon the payment of applicable City wastewater capital recover fees, subject to any credits or waivers provided for in this Agreement, the District will have a guaranteed reservation and commitment of capacity in the City's wastewater utility system for the amount of capacity for which these fees have been paid. 4. The Developer will provide easements for all District master meters in accordance with City Ordinance requirements. 206469-18 09/13/2005 EXHIBIT J [City Annexation Tracts] 206469-18 09/13/2005 EXHIBIT J AUSTIN. SURVEYORS P.U. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat I2573P FIELD NOTES FOR 87.291 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being a part of a 171.8 acre tract of land conveyed to Lester E. Westberg by deed recorded in Volume 769, page 799 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the West line of County Road #110, in the Northeast corner of a 6.64 acre tract of land conveyed to Chinmaya Mission Austin by deed recorded as Document No. 2001046382 of the Official Records of Williamson County, Texas, for the Southeast corner of the above mentioned 171.8 acre tract and the Southeast corner of this tract. THENCE N 88°46'45"W with the South line of the said 171.8 acre tract 344.87 feet to a capped iron pin found in an angle point of the above mentioned 6.64 acre tract for an angle point of this tract. THENCE S 12°59'39"W 104.47 feet to a capped iron pin found in an angle point of the said 171,8 acre tract and the said 6.64 acre tract for an angle point of this tract. THENCE N 68°58'17"W at 580.03 feet pass the Northwest corner of the said 6.64 acre tract and continue for a total of 1226.55 feet to an iron pin set in the approximate center of McNutt Creek and the East line of a 106.6 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 9835986 in the above mentioned Official Records, in the West corner of a 21.448 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 2000009000 in the said Official Records, for the Southwest corner of this tract. THENCE N 04°36'02"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 181.88 feet to an iron pin set for an angle point of this tract. THENCE N 45°29'50"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 139.83 feet to an iron pin set for an angle point of the said 106.6 acre tract and a reentrant corner of this tract. THENCE N 82°24'04"E 196.90 feet to an iron pin set in an angle point of the said 106.6 acre tract and the 171.8 acre tract for an angle point of this tract. THENCE N 03°32'56"W 586.74 feet to a X in stone found on the South line of a 15.19 acre tract conveyed to Ken Burge by deed recorded as Document No. 9618889 of the said Official Records; in the Northeast corner of the said 106.6 acre tract and an angle point of the said 171.8 acre tract, for an angle point of this tract. THENCE N 88°03'37"E 22.87 feet to an iron pin found in the Southeast corner of the above mentioned 15.19 acre tract for an angle point of this tract. THENCE N 03°09'59"W 1473.64 feet to an iron pin found on the South line of a 21.67 acre tract of land conveyed to Linda Bushong in Document No. 9708518 of the said Official Records, in the Northeast corner of the said 15.19 acre tract for the Northwest corner of this tract. THENCE N 89°57'42"E with the South line of the above mentioned 21.67 acre tract of land 1010.74 feet to an iron pin set on the West line of Lot 1 of Anderson Hill as recorded in Cabinet 1, Slide 197 of the Plat records of Williainson County, Texas for an ell corner of this tract. THENCE S 00°26'09"E 153.95 feet to an iron pin found in the Southwest corner of the above mentioned Lot 1 for an angle point of this tract. 87.291 ACRES PAGE 2 OF 2 THENCE S 86°08'51" E at 507.09 feet pass an iron pin found in the Southeast corner of the said Lot 1 and continue for a total of 518.98 feet to an iron pin set on the West line of County Road #110 for the Northeast corner of this tract. THENCE S 00°03'15" W 2520.64 feet to the POINT OF BEGINNING, containing 87.291 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude Hinkle, Jr. R.P.L.S. No. 4629 Date 1354.doc AUSTIN SURVEYORS P.U. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat 1354A FIELD NOTES FOR 274.073 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being all of a 33.370 acre tract of land, designated as Tract A, in a deed to Joe F. Stafford et ux recorded as Document No. 2005034014 in the Official Records of Williamson County, Texas and also being all of two 33.370 acre tract of land, designated as Tracts B and C, conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005034015 of the above mentioned Official Records, being also all of a 19.994 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005033244 of the said Official Records and being also all of a 62.01 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 625, Page 155 of the Deed Records of Williamson County, Texas and also being all of a 22.0 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 648, Page 443 of the above mentioned Deed Records and also being all of a 30.00 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as Document No. 2004050986 of the said Official Records and being also a part of a 89.1 acre tract of land, designated as the First Tract, conveyed to A.R. Westberg deed recorded in Volume 345, Page 231 of the Deed records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the South line of County Road #109, in the Northwest corner of Green Gate Section One as recorded in Cabinet I, Slide 325 of the Plat Records of Williamson County, Texas and the Northeast corner of the above mentioned Tract C for the Northeast corner of this tract. THENCE S 00°19'03" W at 798.53 feet pass an iron pin found in the Southwest corner of Green Gate Section One and the Northwest corner of Country View Estates as recorded in Cabinet N, Slide 90 of the above mentioned Plat Records and continue for a total of 2341.90 feet to an iron pin found in the Southwest corner of the above mentioned Country View Estates for the Southeast corner of the said Tract C and an angle point of this tract. THENCE S 89°46'00" W 681.53 feet to an iron pin found on the East line of the above mentioned 19.994 acre tract of land, in the Northwest corner of a 124.63 acre tract of land conveyed to A. Kreuger by deed recorded in Volume 411, Page 362 of the said Deed Records, for the Southwest corner of the said Tract C and an ell corner of this tract. THENCE S 00°06'00" E with the West line of the above mentioned 124.63 acre tract 2329.05 feet to an iron pin found in the Southeast corner of the above mentioned 62.01 acre tract and the Northeast comer of the above mentioned 89.1 acre tract for an angle point of this tract. THENCE S 00°03'51" W with the West line of the said 124.63 acre tract and the East line of the said 89.1 acre tract 1716.68 feet to an iron pin set for the Southeast comer of this tract. THENCE WEST 1775.68 feet to an iron pin set on the East line of County Road # 110 for the Southwest corner of this tract, THENCE N 00°01'14" E with the East line of County Road #110 at 1716.67 feet pass an iron pin found in the Northwest corner of the above mentioned 30.00 acre tract and the Southwest corner of the above mentioned 62.01 acre tract at 3237.62 feet pass the Northwest comer of the said 62.01 acre tract and the Southwest corner of the above mentioned 22.0 acre tract and continue for a total of 3777.09 feet to an iron pin set in the Southwest corner of the above mentioned 19.994 acre tract for the Northwest corner of the above mentioned 22.0 acre tract and an angle point of this tract. THENCE with the East line of County Road #110 and the West line of the said 19.994 acre tract for the following two (2) courses: (3) N 00°00'07" E 82.87 feet to an iron pin set for an angle point. (4) N 03°22'28" W 92.83 feet to an iron pin set in a reentrant comer of the said 19.994 acre tract for the Northwest corner of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 222.80 feet to an iron pin set for an ell corner of this tract. 274.073 ACRES PAGE 2 OF 3 THENCE N 00°02'34" W 359.96 feet to an iron pin set on the South line of a 10.00 acre tract of land conveyed to Janet E. Washburn by deed recorded as Document No. 2002023570 of the said Official Records for Northwest corner of the said 19.994 acre tract and an angle point of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 513.16 feet to an iron pin set in the Southeast corner of the above mentioned 10.00 acre tract and the Southwest comer of the said Tract A for an angle point of this tract. THENCE N 00°11'45" E 719.85 feet to an iron pin set in the Northeast corner of the above mentioned 10.00 acre tract for an ell comer of this tract. THENCE WEST 390.20 feet to an iron pin found on the East line of a 5.79 acre tract of land conveyed to J.R. Johnson in Volume 2020, Page 615 of the above mentioned Deed Records for the Northwest corner of the said 10.00 acre tract, an ell corner of the said Tract A and an ell corner of this tract. THENCE N 00°02'02" W 397.55 feet to an iron pin found in an ell corner of the said tract A for an ell corner of this tract. THENCE WEST 210.45 feet to an iron pin found in an ell corner of the said Tract A for an ell corner of this tract. THENCE N 00°04'37" W at 0.25 feet pass the Southeast corner of a 5.99 acre tract conveyed to E. C. Martinez by deed recorded in Volume 2203, Page 104 of the above said Deed Records and continue for a total of 990.09 feet to an iron pin found on the South line of County Road #109, in the Northeast comer of the above mentioned 5.99 acre tract, for the Northwest corner of the said tract 1 and the Northwest corner of this tract. THENCE S 89°51'58" E with the South line of County Road #109 823.17 feet to an iron pin set for angle point of this tract. THENCE S 00°08'02" W 18.30 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 50.00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 78.54 feet the long chord of which bears S 45°07'53" W 70.71 feet to an iron pin set for the PT of the said curve. THENCE S 00°07'53" W 76.49 to an iron pin set for an angle point of this tract. THENCE S 55°39'39" E 192.96 feet to an iron pili set for an angle point of this tract. THENCE N 40°30'02" E 159.85 feet to an iron pin set for an angle point of this tract THENCE N 67°50'32" E 30.50 to an iron pin set for an angle point of this tract. THENCE N 15°23'24" W 124.44 to an iron pin set on the South line of County Road #109 for the Northwest comer of this tract THENCE S 89°51'58" E with the South line of County Road #109 494.28 feet to an iron pin found in the Northwest corner of a 0.50 acre tract of land conveyed to Daniel Brett in Document No. 2002005540 of the said Official Records for a reentrant comer of this tract. THENCE S 00°10'34" W 400.01 feet to an iron pin found in the Southwest comer of the above mentioned 0.50 acre tract for an ell corner of this tract. THENCE S 89°58'50" E 383.39 feet to an iron pin found in the Southeast corner of a 3.017 acre tract of land conveyed to Daniel Brett in Document No. 2001064995 of the said Official Records for an ell corner of this tract. THENCE N 00°12'06" E 399.12 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 3.017 acre tract, for an ell corner of this tract. THENCE S 89°55'22" E with the South line of County Road #109 145.22 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. 274.073 ACRES PAGE 3 OF 3 THENCE S 87°21'55" E with the South line of County Road #109 163.87 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. THENCE S 81°21'07" E with the South line of County Road #109 119.38 feet to the POINT OF BEGINNING, containing 274.073 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude F. Hinkle, Jr. R.P.L.S. No. 4629 r4 f 6r Date 1354A:doc DATE: September 16, 2005 SUBJECT: City Council Meeting - September 22, 2005 ITEM: 14.G.2. Consider a resolution authorizing the Mayor to execute a Consent Agreement with Double J Investments, L.P. for the creation of Williamson County Municipal Utility Districts 19 and 20. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: Double J Investments, L.P. has requested city consent to create two Municipality Utility Districts for approximately 601 acres of land. The land will be served with wastewater by the City of Round Rock. The Developer will receive water service from the Jonah Special Utility District. Funding: Cost: N/A Source of funds: N/A Outside Resources: Double J Investments, L.P. Background Information: The following are the main provisions of the consent agreement: 1) Developer will dedicate additional Right of Way, for the widening of CR 110 to 100 feet in width. 2) Developer will pay $3,600.00 per acre for improvements to arterial roads to service the development. 3) The land uses permitted in the proposed MUD are single family residential, an elementary school and open space. 4) The Concept plan approved by the Planning and Zoning Commission on August 17, 2005 is attached to the Consent Agreement. 5) The commercial sites on the concept plan will not be part of the MUD, but will be annexed into the city. 6) The MUDs will maintain and operate street lights and sidewalks. 7) Developer will participate in the McNutt Creek Sewer interceptor project by paying for 25% of Line A to a maximum of $3,000,000. Portions of this will be credited against the wastewater impact fee. 8) Developer will pay for in Lines D1 - D4. The City will pay the incremental cost to oversize these wastewater lines, subject to availability of oversize funds. 9) Developer will donate an easement for portions of wastewater Line B that will cross Developers property. 10) Developer will have 2333 LUEs capacity reserved for his use. 11) Developer will construct a 6 foot tall privacy fence along all lot lines abutting agricultura I land. 12) City and the MUD Board will negotiate a fire protection plan. 13) City consents to the creation of the MUDs. Public Comment: N/A CONSENT AGREEMENT BETWEEN CITY OF ROUND ROCK, TEXAS AND DOUBLE J INVESTMENTS, L.P. FOR WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 AND WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 20 91214 206469-18 09/13/2005 R -05-09-z-/' 4 CONSENT AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This Consent Agreement ("Agreement") is between the City of Round Rock, Texas (the "City"), a home-rulecity located in Williamson, County, Texas and Double J Investments, L.P. (the "Developer"). INTRODUCTION The Developer owns or has an option to purchase approximately 605.54 acres of land located within the extraterritorial jurisdiction of the City (the "Land"). The Land is more particularly described by metes and bounds on the attached Exhibit A, and its boundaries are depicted on the concept plan attached as Exhibit B ("Concept Plan"). The Developer intends to develop the Land as a master -planned, residential community that will include park and recreational facilities to serve the community. Because the Land constitutes .a significant development area that will be developed in phases under a master development plan, the Developer and the City wish to enter into this Agreement, which will provide analternative to the City's typical regulatory process for development, encourage innovative andcomprehensive master -planning of the Land, provide certainty of regulatory requirements throughout the term of this Agreement and result in a high-quality development for the benefit of the present and future residents of the City and the Land. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including the agreements set forth below, the parties contract as follows. ARTICLE I DEFINITIONS Section 1.01 Definitions. In addition to the terms defined elsewhere in this Agreement or in .the .City's ordinances, the following terms and phrases used in this Agreement will have the meanings set out below: Agreement: This Consent Agreement between the City of Round Rock, Texas and Developer. Blake Magee Investments, L.P. or Magee: The owner of the tract or tracts adjacent to the Land, which are also intended to receive service through the McNutt Interceptor. Texas. City: The City of Round Rock, Texas, a home -rule city located in Williamson County, Citi Manager: The City Manager of the City. Commission oror TCEQ: The Texas Commission on Environmental Quality or its successor agency. 1 Conceptual Development Plan: The concept plan for the Land attached as Exhibit B, as amended from time to time in accordance with this Agreement. County: Williamson County, Texas. Developer: Double J Investments, L.P., a Texas limited partnership, or its successors and assigns under this Agreement. Districts: Williamson County Municipal Utility District No. 19 and Williamson County Municipal Utility District No. 20, the political subdivisions of the State of Texas to be created over the Land, with the consent of the City, as provided in this Agreement. As used in this Agreement, "District" means either of the Districts. Effective Dateof this Agreement: The date when one or more counterparts of this Agreement, individually or taken together, bear the signature of all parties. Land: Approximately 605.54 acres of land located in the City's extraterritorial jurisdiction, as described by metes and bounds on Exhibit A. Line A: The segment of the McNutt Interceptor located between the Treatment Plant and McNutt Creek, as indicated on Exhibit C. Line. B: The segments of the McNutt Interceptor located between the terminus of Line A and the southern boundary of the adjacent tract owned by Magee and between .the terminus of Line A and the Land, as indicated on Exhibit C. Line D: The segments of the McNutt Interceptor located at the terminus of Line A, as indicated on Exhibit C. McNutt Interceptor: The City wastewater interceptor project, as generally depicted on Exhibit C, which will transport wastewater generated by customers located within the McNutt drainage basin as defined by the City to the Treatment Plant. Treatment Plant: The Brushy Creek East regional wastewater treatment plant. ARTICLE II DEVELOPER'S COMMITMENTS TO THE CITY Section 2.01 McNutt Interceptor Project. The City proposes to construct Line A of the McNutt Interceptor Project according to the construction schedule attached as Exhibit D. The preliminary budget for the McNutt Interceptor is attached as Exhibit E. The City desires that the Developer participate in the cost of construction of the McNutt Interceptor. and the Developer is willing to do so on the terms set forth in this Article. Section 2.02 Line A. The Developer will cost participate with the City to finance Line A of the McNutt Interceptor as follows: (a) Line A Capacity Payment. The Developer will pay the City the sum of $2,850,000 which will be applied by the City to pay a portion of the costs of Line A (the "Capacity Payment"). The Capacity Payment will be paid as provided in subsections (b) and (h). 2 In consideration of the Capacity Payment for 2,353 living unit equivalents ("LUEs") of wastewater capacity in Line A, will be reserved for and allocated to the Developer, on behalf of the Districts, as provided in this Agreement. (b) Line A Plans. Line A will be designed by Karen Friese and Associates (the "Engineer"). Upon completion of the preliminary plans and specifications for Line A (the "Line A Plans"), the Engineer will submit a set of the Line A Plans to the' City and a set to the Developer for review and approval. The Developer agrees to review the Line A Plans and either approve them or provide written comments specifically identifying any required changes within 10 days of receipt. If Developer fails to either approve the Line A Plans or provide written comments within this 10 -day period, the Line : A Plans will be deemed approved. No changes which would adversely affect the capacity to be allocated to and reserved for Developer, on behalf of the Districts, may be made to the Line A Plans unless the changes are submitted to Developer, which will have the same review and approval rights as provided above. The Developer's approval of the Line A Plans will not be unreasonably withheld. The Developer will -reimburse the City for 25% of the cost of the Line A Plans within thirty (30) days of the City's written request, accompanied by a copy of the City's contract with the Line A Engineer. The City may make such request for reimbursement from the Developer for one-half of such cost when the plans are 50% complete and for the remainder of the cost when the plans are complete. The amounts paid by the Developer under this subsection will be applied against and will reduce the remaining sum due for the Capacity Payment. (c) Construction Schedule. The City will proceed with the design of, easement acquisitionfor, andconstruction of Line A in accordance with the construction schedule attached as Exhibit D, subject, however, to extensions of time due to force majeure. The City acknowledges that the Developer is relying on service being available to the Districts in accordance with such construction schedule, and agrees that wastewater service will be made available on or before the date specified in Exhibit D. (d) Bidding and Contract Award. The contract for construction of Line A will be advertised for bid by the City in accordance • with all applicable legal requirements, including Chapter 252, Texas. Local Government Code and awarded by the City to the lowest responsible bidder. (e) - .Payment Bond. At such timeas the City awards a contract for the construction of Line A; the City will give written notice to the Developer accompanied by a copy of the accepted bid,and the Developer will obtain and deliver to the City within thirty (30) days a payment bond or letter of credit in the amount of the Capacity Payment less any payments previously made by the Developer under subsection (b) (the "Fiscal Security") to secure the Developer's obligation to pay the unpaid portion of the Capacity Payment to the City as provided in this Agreement. (f) • Construction. Line A will be constructed in a good and workmanlike manner, and all material used in such construction will be substantially free from defects and fit for its intended purpose. The Developer or the Districts may, at their own expense, inspect the construction. (g) Status Reports. The Line A Engineer will provide the Developer and the City with monthly construction status reports. 3 (h) Progress Payments by Developer; Acceptance. The Developer agrees to fund the unpaid portion of the Capacity Payment (lessany credit under Section .2.05) to the City as follows: Upon contract award: 25% Upon 25% completion: 25% Upon 75% completion: 25% Upon substantial completion: 25% Upon acceptance of Line A by the City Any remaining amount still due the City The City will deliver written notice to the Developer of each payment due, which will be accompanied by a copy of the related pay request and the Line A Engineer's approval of the related percentage of the work. The Developer will fund the payment within 30 days after receipt of the related request and supporting documentation, and will be entitled, upon such payment, to reduce the amount of the Fiscal Security so that the Fiscal Security at all times corresponds with the total remaining amount of the Capacity Payment due to the City under this Agreement. Promptly following completion of construction, and Developer's final payment to the City, the City will return the Fiscal Security to Developer. If the Developer fails -to pay any sum due to the City . as set out herein, the City may require payment under and in accordance with the Fiscal Security. (i) Guarantee and Reservation of Ca ap citt. Upon completion of Line A and payment of the Capacity Payment to the City as required under this Agreement, 2,359 LUEs of capacity in Line A will be irrevocably and permanently reserved for and committed to the Developer, on behalf of the Districts. The Developer may, at any time, transfer such capacity to the Districts by written notice to the City. The Developershall not transfer such capacity to any other entity or person without the prior written consent of the City, which consent will not be unreasonably withheld. 2.03. Line B. It is understood and acknowledged that Line .B may or may not provide 'service to the Landbut a portion of Line B will be located within the Land. The Cityand the Developer agree to :cooperate in connection with the construction of Line B, as provided in this Section. (a) . Line .B Plans; Oversizing. Line B -will be designed by Randall Jones Engineering, Inc. (the "Line B Engineer"). Upon completion of the preliminary plans and specifications for Line B or a segment of Line B if Line B is designed in phases (the " Line B .Plans"), the Line B Engineer will submit a set of the Line B Plans to the City and a set to the Developer for review and approval. The City agrees to review the Line B Plans and either approve -them or provide written comments specifically identifying any required changes within fourteen (14) days of receipt. The City's approval of the Line B Plans will not be unreasonably withheld. Developer will not be cost participating in the Line B project. 4 (b) Easements. The Developer agrees to donate an easement across Developer's property that is required for Line B for the construction of Line B in accordance with the Construction Schedule attached as Exhibit D. The general location of the easement to be donated .is depicted on Exhibit D-1. It is understood and agreed that the exact location of the easement shall be established in such a manner so as to avoid the loss of lots which could otherwise be platted. (c) Construction Schedule. It is understood that Magee will proceed with the design of, easement acquisition for, and construction of Line B in accordance with the construction schedule set forth in Magee's agreement with the City as Magee's Exhibit F, subject, however, to extension of time due to force majeure. (d) Status Reports. The Line B Engineer will provide the Developer, Magee and the City with monthly construction status reports. Section 2.04. Line D. Service to the Districts from the McNutt Interceptor will require the construction of Line D which will connect to Line A and will be constructed in five phases, as Line D-1, Line D-2, Line D-3, Line D-4 and Line D-5, as shown on Exhibit C. In order to serve the Districts only, Line D-1 would be required to be constructed as a 15 -inch line, Line D-2 would be required to be constructed as a 12 -inch line, and Line D-3 and Line D-4 would be required to be constructed as 8 -inch. lines. The City has requested that Line D-1 be oversized as a 27 -inch .line,. Line D-2 be oversized as a 12 -inch line, Line D-3 be oversized as a 10 -inch line, and Line D-4 and Line D-5, with Line D-5 not being used by the Districts, will each be oversized as 24 -inch lines in order to provide additional capacity for future development. The City and the Developer agree to cooperate in connection with the construction of Line D, as provided in this Section. (a) Line D Plans; Oversizing. Line D will be designed by Developer's engineer (the "Line D Engineer"). Upon completion of the preliminary plans and specifications for Line D, or a segment of Line D if Line D is designed in phases (the "Line D Plans"), the Line D Engineer will . submit a set of the Line .D Plans to the City and a set to the Developer for review and approval The City agrees to review the Line D Plans and either approve them or provide written comments specifically identifying any required changes within fourteen (14) days of receipt. The City's approval of the Line D Plans will not be unreasonably withheld. The City will reimburse theDeveloper for the City's cost share, as described in subsection (c), below, of (a) engineering fees for the Line D Plans equal to twelve and one-half percent (12 1/2%) of the construction cost of Line D, and (b) the costs of inspection, testing, permits and environmental studies for Line D within 30 days of the Developer's written request, accompanied by a copy of the Developer's .contract with the Line D Engineer, documentation confirming the Developer's payment of the Line D Engineer for the Line D Plans and documentation confirming the Developer's payment for the. costs of inspection, testing, permits and environmental studies. (b) Bi_ ddipa and Contract Award. The contract for construction of each phase of Line D will be advertised for bid by the Developer, on behalf of the Districts, in accordance with all applicable legal -requirements, including Chapter 49, Texas Water Code. Each phase of Line D will be bid both at the size originally proposed by the Developer and at the size required by the City. The contract or contracts for Line. D will be awarded by the Developer, on behalf of the Districts, to the lowest responsible bidder. 5 (c) City Cost Share. The City's share of the costs of each phase. of Line D will be the difference between the cost of that phase if built at the size required to serve the Districts only - and the cost of the phase built at the size required by the City, based on the low bid amounts. (d) . Construction. Each phase of Line D will be constructed in a good and workmanlike manner, and all. material used in such construction will be substantially free from defects and fit for its intended purpose. The City will inspect the construction, and the Developer will pay the City a portion of the costs of such inspections, based on the percentage of construction costs for that phase of Line D being borne by Developer as determined under (c). (e) Status Reports. The Line D Engineer will provide the Developer and the City with monthly construction status reports. (f) • Progress Payments by City. The City agrees to pay a .share of the cost of each phase of Line D, based on the incremental cost determined under (c), above, in accordance with Section 8.503(4) of the Round Rock City Code regarding reimbursement ..for oversized mains. If there are insufficient funds in the City's oversize account to make any payments due under this Section, the Developer will be entitled to a, credit against any wastewater oversize fees otherwise due under Section 8.503 of the City Code and against any impact fees otherwise due to the City. (g) Guarantee and Reservation of Capacity. Upon completion of each phase of Line D andpayment by the City- of its cost share as provided above, that phase of Line D will be transferred . and conveyed to the City subject to the irrevocable and permanent reservation of 2,353 LUEs of capacity to the Developer on behalf of the Districts. The conveyance will also be subject to the Developer's right to reimbursement from the Districts as permitted .by the rules of the Commission. The City will . accept each phase of Line D for ownership, operation and maintenance, subject to the reservations described above. The Developer may, at any time, transfer its reserved capacity in a phase of Line D to the Districts by written notice to the City. Developer shall not transfer such capacity to any other entity or person without the express written consent of the City, which will not be unreasonably withheld. 2.05 Credits Against Capacity Payment. The City acknowledges that certain costs of the McNutt Interceptor are or will be included in the City's wastewater community impact fee calculation and will be collected at the time the City's wastewater community impact fees are paid for future development. It would not be equitable for the Developerto both cost participate in the facilities described in this Article and pay a full wastewater community impact fee. Therefore, in consideration of the Developer's construction and cost participation the McNutt Interceptor as described in this Agreement, the Developer will receive a credit against the City's wastewater impact fees for any costs of Line D that are included in the impact fee at the time of payment. 2.06 Wastewater Pump and Haul Option. The City and the Developer acknowledge that completion of Line A may not be achieved prior to the time that Developer desires to commence construction of homes within the Land. The City agrees that Developer may institute sewer "pump and haul" from model homes within the Land under certain conditions. These conditions are: (1) Line A is under construction; (2) Developer has posted required fiscal for its share of the costs of Line A in accordance with Section 2.02(e) above; (3) all applicable state permits or requirements for a sewer pump and haul have been obtained or met; (4) such model _ homes are not occupied except as use for a sales office and display; and (5) all other homes 6 under construction shall have a sewer plug installed on the lot to prevent the disposal of waste from a home into thesanitary sewer system in the development until such time as Line A is operational. The cost of the sewer pump and haul will be borne solely by the Developer. ARTICLE III WATER SERVICE 3.01 Water Utility Provider. The Land is located within the water service area of Jonah Water Supply Corporation ("Jonah"). Water service to all of the Land shall be provided by Jonah. ARTICLE IV ROADWAY IMPROVEMENTS 4.01 Infrastructure Fees; Right of Way Dedications. (a) Subject to the credits described in this Section, the Developer will pay the City an infrastructure fee of $3,600 per net developable residential acre and $14,000 per net developable -commercial acre within each approved final plat of a portion of the Land (the "Infrastructure Fees"). These Infrastructure Fees will be calculated and paid at the time of recordation of each final plat. As used in this Section, "net developable acre" means land actually used for development and does not include land dedicated, conveyed or reserved for arterial rights-of- way, detention ponds, public .parks or open space. Subject to the prior written consent and approval of the .City, the cost of any improvements constructed by the Developer to roadways depicted on the City's approved Roadway Plan dated March 2004, including County Road 109 and County Road 110, will be applied to and reduce the Infrastructure Fees payable to the City under this subsection, and in no event will the Developer by required to make improvements which, when added to the cost of improvements previously made plus the Infrastructure Fees previously paid, exceed the total Infrastructure Fees otherwise payable under this subsection (the "Fee Cap"). The City will give the Developer an opportunity to provide input to the City regarding the expenditure of the Infrastructure Fees paid by the Developer, so that such fees are used .to improve roadways serving the Land. The City hereby consents to and approves the improvements described on Exhibit. F, and agrees that the Developer's cost of such improvements' will be applied to and reduce the Infrastructure Fees payable under this subsection. (b) The Developer will dedicate, at no ',cost to the City, one-half of the right-of-way required for roads shown on the Concept Plan which bound the Land, and 100% of the right-of- way required for the portion of any arterials shown on the Concept Plan which bisect the Land. The parties acknowledge that the final location of certain of such roadways may be subject to minor changesbased on the final right-of-way alignment. Any sums advanced by the Developer for improvements outside of or on the boundaries of the Land required under this subsection will be credited against the. Infrastructure Fees and will be subject to the Fee Cap: 7 ARTICLE V CONCEPT PLAN Section 5.01 Phased Development. Developer intends to develop the Land in phases. Portions of the Land not under active development may remain in use as income-producing agricultural lands or as open space land. Section 5.02 Concept. Plan; Exceptions. The City hereby confirms (i) its approval of the. Concept Plan, and (ii) that the Concept Plan complies with the City's General Plan, as amended. The City approves the land uses, densities, exceptions, roadway alignments and widths and othermatters shown on the. Concept Plan, and confirms that the Conceptual Development Plan has been approved by all required City departments, boards and commissions. Provided,. however, .it is understood and acknowledged that at the present time the ultimate 100 year floodplain has not been determined for the Land. The Developer and the City agree that the Concept Plan shall be modified to reflect the ultimate 100 year floodplain when it is determined and Exhibit B shall be amended, administratively to reflect the change. The Developer shall also provide to the City a copy of the engineering study that determines the location of the ultimate 100 year floodplain for the Land. Section 5.03 Development Review and Approval. It is the parties mutual intention that the City will have the sole responsibility for review and approval of all construction plans, development plans, preliminary plans, and • subdivision plats within the Land. If an amendment to the City's interlocal agreement with Williamson County is required to assure that no County review of such plans is required and that no related County Fees are assessed, the City agrees to promptly request and use good faith efforts to obtain such an amendment. Section 5.04 Term of Approvals. Except as provided below, the Concept Plan will be effective for the term of this Agreement. Any preliminary subdivision plat or final subdivision plat that is consistent with the Concept Plan, applicable City ordinances and State law will be effective for the term of this Agreement. The Concept Plan will be deemed to have expired if no final plat of the Land is recorded for a period of five (5) years. Section 5.05 Amendments. Due to the fact that the Land comprises a significant land area and its development will occur in phases over a number of years, modifications to the Concept Plan may become desirable due to changes in market conditions or other factors. Variations of a preliminary plat or final plat from the Concept Plan that do not increase the overall density of •development of the Land, .will not require an amendment to the Concept Plan. Minor changes, to the Concept Plan, including minor modifications of street alignments, minor changes in lot:lines, the designation of land for public or governmental uses; changes in lot sizes that do not result inan increase in the overall density of development of the Land (including any increase in lot sizes resulting in a decrease in the total number of lots) or any change to a public use, including, but not limited to school use, will not require an amendment to the Concept Plan or City approval. Major changes to the Concept Plan must be consistent with the terms of this Agreement andwill be subject to review and approval by the City, which will not be unreasonably withheld. ARTICLE VI CREATION OF DISTRICT Section 6.01 Consent to Creation of District. The City* acknowledges receipt of Developer's request, in accordance with Section 54.016, Texas Water Code and Section 42.042, Texas Local Government Code, for creation of the Districts over the Land. On the Effective Date of this Agreement, the City has approved resolutions attached as Exhibit G consenting to the inclusion of the Land within the proposed Districts. The City further consents to the annexation of the tract depicted on Exhibit H into the boundaries of either of the proposed Districts. Section 6.02 Wholesale . Wastewater Services to Districts. The City agrees to enter into a wholesale wastewater utility services agreement with each of the Districts on the terms set forth on. Exhibit I. This agreement will include any other standard terms: contained in City wholesale wastewater service contracts that are not in conflict with the .terms of Exhibit I. The Districts will provide retail water and wastewater services within their respective boundaries. Section 6.03 Street Lighting..- Developer, or an electric utility, will construct all required street lighting within the boundaries of the Districts, and the Districts will be required to operate and maintain the street lighting within their respective boundaries. Section 6.04 Annexation. (a) The City agrees that it will not annex the District until: (i) water, wastewater and drainage facilities have been completed to serve at least 90% of the developable acreage within the District; and (ii) (a) Developer has been reimbursed by the District for the water, wastewater and drainage facilities in accordance with the rules of the Commission or (b) the City has expressly assumed the obligation to reimburse Developer under those rules. The City agrees that a request for annexation will not be required with the filing of any final plat of property within the District. (b) . Contemporaneously with the annexation of the land within the District, the City will zone any undeveloped property within that District consistently with the land uses shown on the Concept Plan, and will zone all developed . property consistently with the land uses in existence on the date of the annexation. ARTICLE VII DEVELOPMENT MATTERS Section 7.01 Generally. Developer will have the right to select the providers of CATV, gas, electric, telephone, telecommunications and all other . utilities and services, including solid waste collection and recycling services, or to provide "bundled" utilities within. the Land. Section 7.02 Drainage. The City agrees that the Land will be eligible to participate in the City's regional detention facilities, rather than providing on-site detention, on the same basis as other developments within the City's extraterritorial jurisdiction. Subject to the City's review and approval of the Developer's drainage plan, the availability of capacity, and the payment of all applicable City fees, the City agrees to provide written confirmation of its commitment of 9 detention capacity or services for the Land. The Developer, or its successors or assigns, will maintain all stormwater drainage facilities within the Land that are not accepted by the District for operation and maintenance, including all drainage easements. The City will not require the installation of any drainage improvements which do not qualify for construction under the existing nationwide Section 404 Permit issued by the Corps of Engineers. Section 7.03 Fire Protection Services. The Developer agrees to negotiate a fire plan with the City, for presentation to the District, under which each District "would receive fire protection and emergency service from the City and the District would compensate the City for such services as authorized by Section 49.351, Texas Water Code,. The City acknowledges that any fire protection plan must be approved by the Commission and the voters within the District, and approval will be subject to confirmation that the Land is not included within the service area of an existing emergency services district. Section 7.04 Exclusion of Commercial Acreage. The Developer agrees to exclude the `approximately. 12.5 .acres, as shown on the Concept Plan, from the Districts prior to the time the applicable District calls an election to authorize the issuance of bonds, in order to enable the city to annex such acreage. The City consents to the Districts' provision of out -of -District service to the excluded commercial acreage. Section 7.05 Annexation of Certain Land into Ci Cor ' orate Limits. The City desires to expand its corporate limits and its extraterritorial jurisdiction in order to provide for the City's orderly expansion and extension of facilities. Under applicable provisions of the Texas Local Government Code, a municipality may generally not annex a tract of land that is less than 1,000 feet in width. Accordingly, the Developer agrees that, prior to the creation of the Districts by the Commission, the City may annex portions of the Land along and including the right-of-way for County Road 110, as depicted on Exhibit J ("Annexation Tracts"). The Developer agrees to prepare, at its cost, and provide field notes for the Annexation Tracts to the City within 30 days of the date of this Agreement. The City agrees to bear all other costs of such annexations and to complete the annexations within four months of the date of this Agreement. The Developer agrees toexecute any necessary requests for or consents to such annexations if requested to do so by the City. The City acknowledges that the annexations must be completed prior to the creation of the Districts by the Commission. Section 7.06 Exclusion of Certain Portions of the Annexation Tracts. The City agrees that, within 30 days after the Commission's issuance of Orders creating the Districts, the City will initiate proceedings to exclude all portions of the Annexation Tracts which are located within the Districts and outside the county roadrights-of way for County Road 109 and County Road 110. The City will bear all costs of such exclusions and will complete such exclusions within four months of the date of the Commission Orders creating the Districts. Section 7.07 No Other Oversizing . Required. No further oversizing of facilities to serve the Land is anticipated by the City at this time. If, in the future, the City determines that it would be in its best interest to oversize additional facilities which are to be constructed by the Developer, then the City may request that such facilities be oversized and, provided that the oversizing does not result in a delay in construction and the City pays all costs resulting from its request for oversizing, the Developer agrees to cooperate with the City to accommodate such request. Except as provided in this Agreement, no other oversizing of or cost participation in 10 capsizing of facilities will be required of the Developer or the Districts,unless such additional oversizing is required due to a change in the Developer's utility requirements or an increase in the density of development of the Land above that projected in the Concept Plan. ARTICLE VIII PARK AND RECREATIONAL AMENITIES Section 8.01 Parkland. The Developer agrees that the park and open space land shown on the Conceptual Development Plan will be dedicated to the Districts, another governmental agency, open space, mitigation or other public purposes. The City agrees that Developer will receive a 100% credit for such dedication against the City's parkland dedication requirements and that no additional parkland dedication or park fees will be required.. Any trails . within the park and open space land will be constructed in accordance with the City's standards open to the public. Section 8.02 Improvements. Any playground equipment constructed by Developer will meet consumer product safety standards. ARTICLE IX AUTHORITY AND VESTING OF RIGHTS Section 9.01 Authority. This Agreement is entered into, in part, under the statutory authority of Section 402.104, Texas. Local Government Code and Section 212.172 of the Texas Local Government Code, which authorizes . the . City to make written contracts with the owners of land establishinglawful terms and considerations that the parties agree to be reasonable, appropriate, and not unduly restrictive of business activities. The parties intend that this Agreement guarantee the continuation of the extraterritorial status of portions of the Land as provided in this Agreement; authorize certain land uses and development on the Land; provide for the uniform review and approval of plats and development plans for the Land; provide exceptions to certain ordinances; and provide other terms and consideration, including the continuation of land uses and zoning after annexation of the Land. Section 9.02 Vesting of Rights. The Concept Plan submitted by Developer on June 15, 2005 constitutes an application by Developer for the subdivision and development of the Land, and initiated the .subdivision and development permit process for the Land. The City acknowledges that Developer has vested authority to develop the Land in accordance with this Agreement subject to any limitations contained in Chapter 245, Texas Local. Government Code. ARTICLE X TERM, ASSIGNMENT AND REMEDIES Section 10.01 Term. The term of this Agreement will commence on the Effective Date and continue for 15 years thereafter, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and Developer. Upon the expiration of 15 years, this Agreement may be extended, at Developer's request, with City Council approval, for up to two successive 15 -year periods. Section 10.02 Termination and Amendment by Agreement. This Agreement may be terminated or amended as to all of the Land at any time by mutual written consent of the City 11 and .Developer. and, following creation of the District, the District, and may be terminated or amended only as to a portion of the Land by the mutual written consent of the City and the owners of the portion of the Land affected by the amendment or termination and, following creation of the District, the District containing such portion of the Land. Section 10.03 Assignment. (a) This Agreement, and the rights of Developer hereunder, may be : assigned by Developer, with the City's consent, to a subsequent developer of all or a portion of the undeveloped Land. Any assignment will be in writing, specifically set forth the assigned rights and obligations and be executed by the proposed assignee. The City's consent to any proposed assignment will not be unreasonably withheld or delayed. (b) If Developer assigns its rights and obligations hereunder as to a portion of the Land, then the rights and obligations of any assignee and Developer will be severable, and Developer will not be liable for the nonperformance of the assignee and vice versa. In the case of. nonperformance by one developer, the City may pursue all remedies against that nonperforming developer, but will not impede development activities of any performing .developer as a result of that nonperformance. (c) This Agreement is not intended to be binding upon, or create any encumbrance to title as to, any ultimate consumer who purchases a fully developed and improved lot within the Land. Section 10.04 Remedies. (a) If the City defaults under this Agreement, Developer may enforce this Agreement by seeking damages and/or a writ of mandamus from a Williamson County District Court, or may give notice setting forth the event of default ("Notice") to the City. If the City fails to cure any default that can be cured by the payment of Money ("Monetary Default") within 45 days from the date the City receives the Notice, or fails to commence the cure of any default specified in . the *Notice that is not a Monetary Default within 45 days of the date of the Notice, and thereafter to diligently pursue such cure to completion, Developer may terminate this. Agreement as to allof the Land owned by Developer, or as to the portion of the Land affected by the default; however, any such remedy will not revoke the City's consent to the creation of the District. (b) If Developer defaults under this. Agreement, the City may enforce this Agreement by seeking damages and/or injunctive relief from a Williamson County District Court, or the .City may give Notice to Developer. If Developer fails to cure any Monetary Default within 45 days from the date it receives the Notice, or fails to commence the cure of any default specified in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and thereafter to diligently pursue such cure to completion, the City may terminate this Agreement; however, any such remedy will not revoke the City's consent to the creation of the District. (c) • . If either party defaults, the prevailing party in the dispute will be entitled to recover its reasonable attorney's fees, expenses and court costs from the non -prevailing party. Section 10.05 Cooperation. 12 (a) The. City and Developer each agree to execute such further documents or instruments as may be necessary to evidence their agreements hereunder. (b) The City agrees to cooperate with Developer in connection with any waivers or approvals Developer may desire from Williamson County in order to avoid the duplication of facilities or services in connection with the development of the Land. (c) In the event of any third party lawsuit or other claim relating to the validity of this Agreement or any actions taken hereunder, Developer and the City agree to cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim without diminution in their respective rights and obligations under this Agreement. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01. Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any ,.agent of the party listed in this Agreement, or (iv) by confirmed facsimile with a confirming copy sent by one of the other described methods of notice set forth. Notice by. United States mail will be effective on the earlier of the date of receipt or 3 days after the date of mailing. Notice given, in any other manner will be effective only when received. For purposed of notice, the addresses of the parties will, until changed as provided below, be as follows: CITY: With Required Copy to: DEVELOPER: With Required Copy to: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attn: City Manager Steve Sheets Sheets & Crossfield 309 E. Main Street Round Rock, Texas 78664-5264 Double J. Investments, L.P. 4309 Rio Robles Drive Austin, Texas 78746 Attention: Joe Stafford Sharlene N. Collins Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 The parties may change their respective addresses to any other address within the United States of America by giving at least five days' written notice to the other party. Developer may, by 13 giving at least five days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Section 11.02 Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected, and, in lieu of each, illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid or enforceable provision as is possible. Any failure by a party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such party: may at anytime thereafter insist upon strict performance of any and all of the provisions of this Agreement. Section 11.03 Applicable Law and . Venue. The interpretation, performance, enforcement and validity of this .Agreement is governed by the laws - of the State of Texas. Venue will: be in a court of appropriate jurisdiction in Williamson County, Texas. Section. 11.04 Entire Agreement. This Agreement contains :the entire agreement of the parties. There are no : other agreements or promises, oral or written,between the parties • regarding the subject matter of this Agreement.. This Agreement can be amended only by written agreement signed by the .parties. This Agreement supersedes all other agreements between the parties concerning the subject matter. Section 11.05 Exhibits, Headings, Construction and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The paragraph headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever appropriate, words of the masculine gender may include the feminine or neuter, and the singular may include the plural, and vice -versa. The parties acknowledge that each of them have been actively and equally involved in . the negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities are to be . resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits hereto. If there is any conflict or inconsistency, between the provisions of this Agreement and otherwise applicable City ordinances, , theterms of this Agreement will control. This Agreement may be executed in any number of counterparts, each, of which will be deemed to be an original, and • all of which will together constitute the same instrument. This Agreement will become effective only when one or more counterparts, individually or taken together, bear the signatures of all of the parties. Section 11.06 Time. Time is of the essence of this Agreement. In computing the number of days for purposes of this Agreement, all days will be counted, including Saturdays, Sundays and legal holidays; however, if the final day of any time period falls on a Saturday, Sunday or legal holiday, . then the final day will be deemed to be the next day that is not a Saturday, Sunday or legal holiday. Section 11.07 Authority for Execution. The City each certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with its City Charter and City ordinances. Developer hereby certifies, represents, and warrants that 14 the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership agreement of each entity executing on behalf of Developer. Section 11.08 Force Maieure. If, by reason of force majeure, either party is rendered unable, in whole or in part, to carry out its obligations under this Agreement, the party whose performance is so affected must give notice and the full particulars of such force majeure to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, will, to the extent it is affected by such force majeure, be suspended during the continuance of the inability but for no longer period. The party claiming ; force majeure must endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" means Acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas, or of any court or agency of competent jurisdiction or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, vandalism, explosions, breakage or accidents to machinery, pipelines or canals, or inability on the part of a party to perform due to any other causes not reasonably within the control of the party claiming such inability. Section 11.09 Exhibits. The following exhibits are attached to this Agreement, and made a part hereof for all purposes: Exhibit A Metes and Bounds Description of the Land Exhibit B - Concept Plan including Boundary Roads and Arterials Exhibit C - McNutt Interceptor Schematic Plan Including Depiction of Line A, Line B and Line D Exhibit D - Line A Construction Schedule Exhibit D-1 Location of Easement Exhibit E - Line A Preliminary Budget Exhibit F - Roadway Improvements Exhibit G - District Consent Resolution Exhibit H - District Annexation Tract Exhibit I - Terms of Wholesale Wastewater Services Exhibit J - City Annexation Tracts 15 IN WITNESS WHEREOF, the undersigned parties have executed. this Agreement on the dates indicated below. CITY OF ROUND ROCK By: Name - Title: Date: 17)14V0/ DOUBLE J INVESTMENTS, L. By: Pacific Development, Inca By: Date: THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on gep1". a a , 2005, by � j C'_kcxxv'je1i, 0 of the of Round a home -rule � �l� � m � or City Rock, city on behalf of said City. (Seal) SHERRI MONROE Notary Public, State of Texas My Commission Expires MAY 7, 2007 Notary Public Signature 16 THE STATE OF TEXAS § COUNTY OF TRAVIS This instrument was acknowledged before me on i , 2005, by Joe Stafford, President of Pacific Development, Inc,. General Partner of Double J Investments, L.P, a limited partnership on behalf of said limited partnership. (Seal SHERRI MONROE Notary Public, State of Texas My Commission Expires MAY 7, 2007 Notary Public Signature 17 EXHIBIT A [Metes and Bounds Description of the Land] 18 206469-18 09/13/2005 EXHIBIT A AUSTIN. SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat 12573P FIELD NOTES FOR 87.291 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being a part of a 171.8 acre tract of land conveyed to Lester E. Westberg by deed recorded in Volume 769, page 799 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the West line of County Road #110, in the Northeast corner of a 6.64 acre tract of land conveyed to Chinmaya Mission Austin by deed recorded as Document No. 2001046382 of the Official Records of Williamson County, Texas, for the Southeast corner of the above mentioned 171.8 acre tract and the Southeast corner of this tract. THENCE N 88°46'45"W with the South line of the said 171.8 acre tract 344.87 feet to a capped iron pin found in an angle point of the above mentioned 6.64 acre tract for an angle point of this tract. THENCE S 12°59'39"W 104.47 feet to a capped iron pin found in an angle point of the said 171,8 acre tract and the said 6.64 acre tract for an angle point of this tract. THENCE N 68°58'17"W at 580.03 feet pass the Northwest corner of the said 6.64 acre tract and continue for a total of 1226.55 feet to an iron pin set in the approximate center of McNutt Creek and the East line of a 106.6 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 9835986 in the above mentioned Official Records, in the West corner of a 21.448 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 2000009000 in the said Official Records, for the Southwest corner of this tract. THENCE N 04°36'02"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 181.88 feet to an iron pin set for an angle point of this tract. THENCE N 45°29'50"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 139.83 feet to an iron pin set for an angle point of the said 106.6 acre tract and a reentrant corner of this tract. THENCE N 82°24'04"E 196.90 feet to an iron pin set in an angle point of the said 106.6 acre tract and the 171.8 acre tract for an angle point of this tract. THENCE N 03°33'56"W 586.74 feet to a X in stone found on the South line of a 15.19 acre tract conveyed to Ken Burge by deed recorded as Document No. 9618889 of the said Official Records; in the Northeast corner of the said 106.6 acre tract and an angle point of the said 171.8 acre tract, for an angle point of this tract. THENCE N 88°03'37"E 22.87 feet to an iron pin found in the Southeast corner of the above mentioned 15.19 acre tract for an angle point of this tract. THENCE N 03°09'59"W 1473.64 feet to an iron pin found on the South line of a 21.67 acre tract of land conveyed to Linda Bushong in Document No. 9708518 of the said Official Records, in the Northeast corner of the said 15.19 acre tract for the Northwest corner of this tract. THENCE N 89°57'42"E with the South line of the above mentioned 21.67 acre tract of land 1010.74 feet to an iron pin set on the West line of Lot 1 of Anderson Hill as recorded in Cabinet I, Slide 197 of the Plat records of Williamson County, Texas for an ell corner of this tract. THENCE S 00°26'09"E 153.95 feet to an iron pin found in the Southwest corner of the above mentioned Lot 1 for an angle point of this tract. 87.291 ACRES PAGE 2 OF 2 THENCE S 86°08'51" E at 507.09 feet pass an iron pin found in the Southeast corner of the said Lot 1 and continue for a total of 518.98 feet to an iron pin set on the West line of County Road #110 for the Northeast corner of this tract. THENCE S 00°03'15" W 2520.64 feet to the POINT OF BEGINNING, containing 87.291 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude . Hinkle, Jr. R.P.L.S. No. 4629 OC. �4,�C,e. 04. Date 1354.doc AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat 1354A FIELD NOTES FOR 274.073 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being all of a 33.370 acre tract of land, designated as Tract A, in a deed to Joe F. Stafford et ux recorded as Document No. 2005034014 in the Official Records of Williamson County, Texas and also being all of two 33.370 acre tract of land, designated as Tracts B and C, conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005034015 of the above mentioned Official Records, being also all of a 19.994 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005033244 of the said Official Records and being also all of a 62.01 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 625, Page 155 of the Deed Records of Williamson County, Texas and also being all of a 22.0 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 648, Page 443 of the above mentioned Deed Records and also being all of a 30.00 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as Document No. 2004050986 of the said Official Records and being also a part of a 89.1 acre tract of land, designated as the First Tract, conveyed to A.R. Westberg deed recorded in Volume 345, Page 231 of the Deed records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the South line of County Road #109, in the Northwest corner of Green Gate Section One as recorded in Cabinet I, Slide 325 of the Plat Records of Williamson County, Texas and the Northeast corner of the above mentioned Tract C for the Northeast corner of this tract. THENCE S 00°19'03" W at 798.53 feet pass an iron pin found in the Southwest corner of Green Gate Section One and the Northwest corner of Country View Estates as recorded in Cabinet N, Slide 90 of the above mentioned Plat Records and continue for a total of 2341.90 feet to an iron pin found in the Southwest corner of the above mentioned Country View Estates for the Southeast corner of the said Tract C and an angle point of this tract. THENCE S 89°46'00" W 681.53 feet to an iron pin found on the East line of the above mentioned 19.994 acre tract of land, in the Northwest corner of a 124.63 acre tract of land conveyed to A. Kreuger by deed recorded in Volume 411, Page 362 of the said Deed Records, for the Southwest corner of the said Tract C and an ell corner of this tract. THENCE S 00°06'00" E with the West line of the above mentioned 124.63 acre tract 2329.05 feet to an iron pin found in the Southeast corner of the above mentioned 62.01 acre tract and the Northeast corner of the above mentioned 89.1 acre tract for an angle point of this tract. THENCE S 00°03'51" W with the West line of the said 124.63 acre tract and the East line of the said 89.1 acre tract 1716.68 feet to an iron pin set for the Southeast corner of this tract. THENCE WEST 1775.68 feet to an iron pin set on the East line of County Road # 110 for the Southwest corner of this tract, THENCE N 00°01'14" E with the East line of County Road #110 at 1716.67 feet pass an iron pin found in the Northwest corner of the above mentioned 30.00 acre tract and the Southwest corner of the above mentioned 62.01 acre tract at 3237.62 feet pass the Northwest corner of the said 62.01 acre tract and the Southwest corner of the above mentioned 22.0 acre tract and continue for a total of 3777.09 feet to an iron pin set in the Southwest corner of the above mentioned 19.994 acre tract for the Northwest corner of the above mentioned 22.0 acre tract and an angle point of this tract. THENCE with the East line of County Road #110 and the West line of the said 19.994 acre tract for the following two (2) courses: (3) N 00°00'07" E 82.87 feet to an iron pin set for an angle point. (4) N 03°22'28" W 92.83 feet to an iron pin set in a reentrant corner of the said 19.994 acre tract for the Northwest corner of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 222.80 feet to an iron pin set for an ell corner of this tract. 274.073 ACRES PAGE 2 OF 3 THENCE N 00°02'34" W 359.96 feet to an iron pin set on the South line of a 10.00 acre tract of land conveyed to Janet E. Washburn by deed recorded as Document No. 2002023570 of the said Official Records for Northwest corner of the said 19.994 acre tract and an angle point of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 513.16 feet to an iron pin set in the Southeast corner of the above mentioned 10.00 acre tract and the Southwest corner of the said Tract A for an angle point of this tract. THENCE N 00°11'45" E 719.85 feet to an iron pin set in the Northeast corner of the above mentioned 10.00 acre tract for an ell corner of this tract. THENCE WEST 390.20 feet to an iron pin found on the East line of a 5.79 acre tract of' land conveyed to J.R. Johnson in Volume 2020, Page 615 of the above mentioned Deed Records for the Northwest corner of the said 10.00 acre tract, an ell corner of the said Tract A and an ell corner of this tract. THENCE N 00°02'02" W 397.55 feet to an iron pin found in an ell corner of the said tract A for an ell corner of this tract. THENCE WEST 210.45 feet to an iron pin found in an ell corner of the said Tract A for an ell corner of this tract. THENCE N 00°04'37" W at 0.25 feet pass the Southeast corner of a 5.99 acre tract conveyed to E. C. Martinez by deed recorded in Volume 2203, Page 104 of the above said Deed Records and continue for a total of 990.09 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 5.99 acre tract, for the Northwest corner of the said tract 1 and the Northwest corner of this tract. THENCE S 89°51'58" E with the South line of County Road #109 823.17 feet to an iron pin set for angle point of this tract. THENCE S 00°08'02" W 18.30 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 50,00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 78.54 feet the long chord of which bears S 45°07'53" W 70.71 feet to an iron pin set for the PT of the said curve. THENCE S 00°07'53" W 76.49 to an iron pin set for an angle point of this tract. THENCE S 55°39'39" E 192.96 feet to an iron pin set for an angle point of this tract. THENCE N 40°30'02" E 159.85 feet to an iron pin set for an angle point of this tract THENCE N 67°50'32" E 30.50 to an iron pin set for an angle point of this tract. THENCE N 15°23'24" W 124.44 to an iron pin set on the South line of County Road #109 for the Northwest corner of this tract THENCE S 89°51'58" E with the South line of County Road #109 494.28 feet to an iron pin found in the Northwest corner of a 0.50 acre tract of land conveyed to Daniel Brett in Document No. 2002005540 of the said Official Records for a reentrant corner of this tract. THENCE S 00°10'34" W 400.01 feet to an iron pin found in the Southwest corner of the above mentioned 0.50 acre tract for an ell corner of this tract. THENCE S 89°58'50" E 383.39 feet to an iron pin found in the Southeast corner of a 3.017 acre tract of land conveyed to Daniel Brett in Document No. 2001064995 of the said Official Records for an ell corner of this tract. THENCE N 00°12'06" E 399.12 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 3.017 acre tract, for an ell corner of this tract. THENCE S 89°55'22" E with the South line of County Road #109 145.22 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. 274.073 ACRES PAGE 3 OF 3 THENCE S 87°21'55" E with the South line of County Road #109 163.87 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. THENCE S 81°21'07" E with the South line of County Road #109 119.38 feet to the POINT OF BEGINNING, containing 274.073 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. <7 '›.. 9. P ,,...,, r f R'.... - f' CLAUDE F. H!NKLE JR. c;\. 4629 P'c�a ,74DF essvti� g Q SUS p a.i►VG>j' Claude F. Hinkle, Jr. R.P.L.S. No. 4629 Date 1354A:doe AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to map 1354P1 FIELD NOTES FOR 244.181 ACRES All that certain tract or parcel of land situated in the Henry Millard Survey, A452, and William Dunn Survey, A-196, in Williamson County, Texas and being a part of a 148.36 acre tract of land conveyed to Richard Liardon et al by deed recorded in Volume 2091, Page 314 of the Deed Records of Williamson County, Texas and being also a part of a 146.97 acre tract of land conveyed to R.A. Oman et al by deed recorded in Volume 508, Page 95 of the above mentioned Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the Northeast line of County Road #110 for the West corner of this tract from which iron pin an iron pin found in the West corner of the above mentioned 148.36 acre tract bears N 18°59'04" W 616.21 feet. THENCE N 70°59'27" E 2475.82 feet to an iron pin set on the Northeast line of the said 148.36 acre tract and the Southwest line of a 72 acre tract of land recorded in Volume 2019, Page 31 of the above mentioned Deed Records for the North comer of this tract. THENCE S 19°17'36" E with the Northeast line of the said 148.36 acre tract 1115.28 feet to an iron pin set in an ell corner of the said 148.36 acre tract and the South comer of the above mentioned 72 acre tract for an ell comer of this tract. THENCE N 70°55'37" E with the Northeast line of the said 1484.36 acre tract 398.85 feet to an iron pin found in the West corner of a 10.00 acre tract of land described in Document No. 9714372 of the Official Records of Williamson County, Texas, for an ell corner of the said 148.36 acre tract and an ell corner of this tract. THENCE S 19°25'19" E with the Southwest line of the above mentioned 10.00 acre tract 778.26 feet to an iron pin found in the North corner of a 146.97 acre tract of land conveyed to R.A. Oman et al by deed recorded in Volume 508, Page 95 of the said Deed Records for the East corner of the said 148.36 acre tract and an angle point of this tract. THENCE S 19°07'18" E 387.63 feet to a fence post found in the South corner of the last mentioned 10.00 acre tract and the West corner of a 50 foot wide road easement recorded in Volume 794, Page 282 of the said Deed records for an angle point of this tract. THENCE S 19°38'07" E 564.28 feet to a fence post found in the South comer of a 8.767 acre tract of land conveyed to K. Schwab et al by deed recorded in Volume 2135. Page 949 of the said Deed Records and the West comer of the above mentioned 24.953 acre tract for an angle point of this tract. THENCE S 19°13'56" E with the Southwest line of the said 24.953 acre tract 555.69 feet to an angle point of this tract. THENCE S 18°41'23" E 243.15 feet to a fence post found for an angle point of this tract. THENCE S 19°47'12" E 553.72 feet to a fence post found for an angle point of this tract. THENCE S 18°55'18" E 415.40 feet to an iron pipe found on the North line of County Road #109, in Southwest corner of a 24.953 acre tract conveyed to K.R. Schwab in Document No. 2001047964 of the Official Records of Williamson County , Texas, for the Southeast corner of the above mentioned 146.97 acre tract and the Southeast comer of this tract. THENCE N 89°51'50" W 3250.40 feet to an iron pin set in the intersection of the North line of County Road # 109 and the East line of County Road # 110 for the Southwest comer of the said 146.97 acre tract and the Southwest comer of this tract. THENCE N 14°09'59" W with the East line of County Road #110 234.28 feet to an iron pin found in the Southwest corner of a 10.00 acre tract of land conveyed to Jonah Water Supply Utility District by deed recorded as Document No. 2003012825 of the above mentioned Official Records for a reentrant comer of this tract. THENCE N 71°16'15" E 668.10 feet to an iron pin found in the Southeast corner of the above mentioned 10.00 acre tract for an angle point of this tract. 244.181 ACRES PAGE 2 OF 2 THENCE N 14°14'26" W 634.97 feet to an iron pin found in the Northeast comer of the said 10.00 acre tract for an angle point of this tract. THENCE S 71°16'16" W 688.15 feet to an iron pin found on the East line of County Road #110 for the Northwest corner of the said 10.00 acre tract and an angle point of this tract. THENCE N 14°14'48" W with the East line of County Road #110 695.17 feet to an iron pin found in the Southwest comer of a 0.99 acre tract of land conveyed to T. Holmstrom by deed recorded in Volume 842, Page 713 of the above mentioned Deed Records for the Northwest corner of the said 146.97 acre tract and the Northwest corner of this tract. THENCE N 71°40'30" E 393.49 feet to an iron pin found in the Southeast corner of the above mentioned 0.99 acre tract and the South corner of a 148.36 acre tract of land conveyed to Richard Liardon et al by deed recorded in Volume 2091, Page 314 of the said Deed Records for an angle point of this tract. THENCE N 18°25'28" W with the Northeast line of the above mentioned 0.99 acre tract 42.53 feet to an iron pin found in the South corner of a 8.602 acre tract of land conveyed to J.E. Howe et ux in Document No. 9731354of the said Official Records for an angle point of this tract. THENCE N 40°29'26" E 325.79 feet to an iron pin found in the East corner of the above mentioned 8.602 acre tract for an angle point of this tract. THENCE N 18°34'34" W 656.35 feet to an iron pin set in the North corner of the said 8.602 acre tract for an ell corner of this tract. THENCE S 70°46'04" W 640.11 feet to an iron pin found on the Northeast line of County Road #110 for the West corner of the said 8.602 acre tract and an angle point of this tract. THENCE N 18°59'04" W 1130.83 feet to the POINT OF BEGINNING containing 244.181 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude F. Hinkle, Jr. R.P.L.S. No. 4629 /2 ,40r— Date 1354.doc EXHIBIT B [Concept Plan including Boundary Roads and Arterials] 206469-18 09/13/2005 EXHIBIT B L;dtvi Fk Y AC. WAC 4 e4, O • 0(0 C o' w 74 13) N (Ya a :„,. -g. p N., a) ,-- z 0 = —I a) > a! 0 CD C CD 7. 3 o - m" < 5- a 0 fr, = o ,713 6- O2) Ca. -' ''' CD 0 13 a) D X 0 al-wD.ETI5 Cr 3-6-0-2' (D_ 12 ‘., ,.... 0. = 0.1 Fr a) 3 c° O 5 „.„ = 1-,i- 0. . 0 --. a -- EC P., ..... 0 <0 © 5- ..,7‹ = g.i . u) a a) c ) . S-0=5-- 0 Er:2. *. a) 0 Eil g (73 3 0 -a cD C 0 a) o. .,.... 6- aCr0 a 0 3 cn (2 < CD 7 v R. a o 6 0 ET a) Q. o. m = 0 o ..- '▪ CD 0 7. -.. 0 r W5111511 A#(4050,4SSISfott Sill , 111 eat %k. ,t1 ,433110A • '1111 11211111• 30-44 ;#. !!!!! 4. !!!! TO 104 AC. 12 MAC 126 2131 "ItA 'igs31111111014111li, lest 1' I/ 0 z fl 4.; iurnuiu AMEN 406, tji„152010L-Utfit 4. iatt x&i„-cifF,4 . 7 # I , ' SIENNA HILLS CONCEPT PLAN ROUND ROCK, TEXAS mot 10.03-4-flottiiott !„ t77' 7 EXHIBIT C [McNutt Interceptor Schematic Plan Including Depiction of Line A, Line B and Line D] 206469-18 09/13/2005 km 07 Line C6 Ultimate Buildou {ET2) Line ©3 Line 515 Ultimate 13u (ET2) Line C2 4" Ultimate build Paloma RsSUirt Line C3 24" Ultimate Buildout 8" Pair izza Requirement Line CB sr Ultimate Buildout 2" Paiania Requirerne P 1c m ©evelepmen Line 02 12" Ultimate Buildout 2" Sienna Nuts Requirerne 'Line C4 Ultimate Buil 24" Ultimate 6utldout 'i6" Paloma Requirerne: Ltne D4 24" Ultimate 3uildo4 5iersna N:tks Require -men 42" U3tftosta Bufldos " Ulti Requiremen sde.RCUND _R©CK.MANH©LES sde.ROUNC7 R©CK,WASTEWATER LINES paloma lake sde ROUND R CK.PARCEL:S EXHIBIT C Proposed Wastewater Lines McNutt Creek Wastewater Interceptor EXHIBIT D Line A Construction Schedule Item Completion Geotechnical, Surveying October, 2005 Design (Plans and Specifications) December, 2005 Easement Acquisition January, 2006 Bid and Award February, 2006 Construction August, 2007 206469-18 09/13/2005 EXHIBIT D-1 Location of Easement 206469-18 09/13/2005 EXHIBIT T) - PROPOSED MCNUTT INTERCEPTOR ROUTE PROPOSED MCNUTT I INTERCEPTOR :0 SCALE: SCALE: 7 "=200' RANDALL JONES ENGNEERIN4 NUG 1212L MAR LIVIC AIMS was WEI ON) 4111411113 RJ ENGINEERING, lNN 18184 NMI®! (AAE AIM 1/914S MS fflin 206469-18 09/13/2005 EXHIBIT E Line A Preliminary Budget Capital Cost $12,638,241 Land Acquisition 16,728 Engineering Costs 1,271,680 Total Estimated Budget $13,829,649 2 EXHIBIT F [Roadway Improvements] 206469-18 09/13/2005 PARCEL 32 MULTI FAMILY 22.0 AC. 20.0 DU. 440 UNITS tEIXAT EIN 01A0 RENEW] ON'�j° 41mUM a� twima,` itounbr. PARCEL 13 TOWNHOME 10.4 AG. 12 5 UNIDU/AC 12TS PARCEL 10 TOWNHOME 15.2 AC. 12 DU/AC 182 UNITS EXHIBIT G A RESOLUTION GRANTING THE CONSENT OF THE CITY OF ROUND ROCK, TEXAS, TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 AND 20 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION RESOLUTION NO. WHEREAS, the City of Round Rock has received a Petition for Consent to the Creation of a Municipal Utility District, proposed to be known as Williamson County Municipal Utility Districts No. 19 and Williamson County Municipal Utility District No. 20 located upon acres, each located in the City's extraterritorial jurisdiction, copies of which petitions are attached as Exhibit 1; 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 creation of two municipal utility districts, proposed to be known as Williamson County Municipal Utility District No. 19 and Williamson County Municipal Utility District No. 20 on acres of land, as described in the attached petitions. Section 2. That the City Council agrees that each District described in Section 1 will contain a portion of the Land, as determined by the property owner. No further action on the part of the City will be required to the establishment of the Districts' boundaries; however, the City will provide confirmation of its consent if requested to do so by the owner of the Land or any District . Section 3. That the City Council further agrees that Williamson County Municipal Utility Districts No. 19 and No. 20 may annex or exclude property within the Land and adjust their boundaries as between the Districts as necessary to facilitate the extension of utilities to and the development of the Land. No further action on the part of the City will be required to evidence its consent to the annexation or exclusion of portions of the Land by a District, but the City agrees to provide additional confirmation of its consent if requested to do so by the owner of the Land or either District. PASSED AND APPROVED on the day of 2005. Mayor, City of Round Rock 206469-18 09/13/2005 ATTEST: APPROVED: City Secretary City Attorney 206469-18 09/13/2005 EXHIBIT H [District Annexation Tract] 206469-18 09/13/2005 • 0117110.0.17110.7 MILY 719137 Mia1M 101.411/2 354 AC Now monot:tst,gu. *ant, OCTA POB *AM 7t )G /47 7237 00901* moot.— mite. to 'PC District Annexation Tract DOC 2001047454 (24.563 tel ait EXHIBIT H (District Annexation Tracts) g ilibiligt Egg= g 1E9 111 1167 eig .109045 RNOTC4 LTC - C 6621.6/6 et.el JR. 11055291 1105064 C. MIDDEN 454/17. • 30,2606 IC t03AC ROBERTMCNUT 3,443 31347 MICS. BOUM*, 9.0.5 5175,57 cire =UMW IJK u.U.C1. HUTTO & ROUND ROCK 1 S. D. rAg IN MT 1,4 ry. tvon R02974. 434199 tt•AC/ 47.. AC 1133902. RYA,. 000 2002033.70 asap unoga wore kr*.r. ctsc ,2002O45T) cs.74 ROOM 4/91157T 9.11.1CC. ../44 41,13 R. McNUTT A-422 .029752 R020752 MU. .197 oat nreas4 moo ...air 04.o.102 fra It12.30 R020738 11020741 CORDON DOC 0915.9 00140 AO 100.24 tO0 AC ND AbC CITY OAT 969 AO 140.0 EXHIBIT I Terms of Wholesale Wastewater Services 1. The City will provide wholesale wastewater utility services to the Districts, sufficient to serve the land uses shown on the Concept Plan, for cost of service wholesale wastewater utility rates. These rates may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. The City shall be entitled to include a reasonable rate of return in the utility rates. 2. The City will receive, treat and dispose of all sewage generated by customers within the Districts. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the Districts at the same level these services are provided within the City. The City may limit service to the Districts in the same manner and to the same extent that service is limited inside the City limits. 3. Upon the payment of applicable City wastewater capital recover fees, subject to any credits or waivers provided for in this Agreement, the District will have a guaranteed reservation and commitment of capacity in the City's wastewater utility system for the amount of capacity for which these fees have been paid. 4. The Developer will provide easements for all District master meters in accordance with City Ordinance requirements. 206469-18 09/13/2005 EXHIBIT J [City Annexation Tracts] 206469-18 09/13/2005 EXHIBIT J AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat 12573P FIELD NOTES FOR 87.291 ACRES Ali that certain tract ar parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being a part of a 171.8 acre tract of land conveyed to Lester E. Westberg by deed recorded in Volume 769, page 799 of the Deed Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the West line of County Road #110, in the Northeast corner of a 6.64 acre tract of land conveyed to Chinmaya Mission Austin by deed recorded as Document No. 2001046382 of the Official Records of Williamson County, Texas, for the Southeast corner of the above mentioned 171.8 acre tract and the Southeast corner of this tract. THENCE N 88°46'45"W with the South line of the said 171.8 acre tract 344.87 feet to a capped iron pin found in an angle point of the above mentioned 6.64 acre tract for an angle point of this tract. THENCE S 12°59'39"W 104.47 feet to a capped iron pin found in an angle point of the said 171,8 acre tract and the said 6.64 acre tract for an angle point of this tract. THENCE N 68°58'17"W at 580.03 feet pass the Northwest corner of the said 6.64 acre tract and continue for a total of 1226.55 feet to an iron pin set in the approximate center of McNutt Creek and the East line of a 106.6 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 9835986 in the above mentioned Official Records, in the West corner of a 21.448 acre tract of land conveyed to Beverly J. Gordon by deed recorded as Document No. 2000009000 in the said Official Records, for the Southwest corner of this tract. THENCE N 04°36'02"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 181.88 feet to an iron pin set for an angle point of this tract. THENCE N 45°29'50"W up the approximate centerline of McNutt Creek and the East line of the above mentioned 106.6 acre tract 139.83 feet to an iron pin set for an angle point of the said 106.6 acre tract and a reentrant corner of this tract. THENCE N 82°24'04"E 196.90 feet to an iron pin set in an angle point of the said 106.6 acre tract and the 171.8 acre tract for an angle point of this tract. THENCE N 03°33'56"W 586.74 feet to a X in stone found on the South line of a 15.19 acre tract conveyed to Ken Burge by deed recorded as Document No. 9618889 of the said Official Records; in the Northeast corner of the said 106.6 acre tract and an angle point of the said 171.8 acre tract, for an angle point of this tract. THENCE N 88°03'37"E 22.87 feet to an iron pin found in the Southeast corner of the above mentioned 15.19 acre tract for an angle point of this tract. THENCE N 03°09'59"W 1473.64 feet to an iron pin found on the South line of a 21.67 acre tract of land conveyed to Linda Bushong in Document No. 9708518 of the said Official Records, in the Northeast corner of the said 15.19 acre tract for the Northwest corner of this tract. THENCE N 89°57'42"E with the South line of the above mentioned 21.67 acre tract of land 1010.74 feet to an iron pin set on the West line of Lot 1 of Anderson Hill as recorded in Cabinet I, Slide 197 of the Plat records of Williamson County, Texas for an ell corner of this tract. THENCE S 00°26'09"E 153.95 feet to an iron pin found in the Southwest corner of the above mentioned Lot 1 for an angle point of this tract. 87.291 ACRES PAGE 2 OF 2 THENCE S 86°08'51" E at 507.09 feet pass an iron pin found in the Southeast corner of the said Lot 1 and continue for a total of 518.98 feet to an iron pin set on the West line of County Road #110 for the Northeast corner of this tract. THENCE S 00°03'15" W 2520.64 feet to the POINT OF BEGINNING, containing 87.291 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude`F`. Hinkle, Jr. R.P.L.S. No. 4629 OC.. De4.'4 Date 1354.doc AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to plat 1354A FIELD NOTES FOR 274.073 ACRES All that certain tract or parcel of land situated in the Robert McNutt Survey, A-422, in Williamson County, Texas and being all of a 33.370 acre tract of land, designated as Tract A, in a deed to Joe F. Stafford et ux recorded as Document No. 2005034014 in the Official Records of Williamson County, Texas and also being all of two 33.370 acre tract of land, designated as Tracts B and C, conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005034015 of the above mentioned Official Records, being also all of a 19.994 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as document No. 2005033244 of the said Official Records and being also all of a 62.01 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 625, Page 155 of the Deed Records of Williamson County, Texas and also being all of a 22.0 acre tract of land conveyed to C.H. Swenson by deed recorded in Volume 648, Page 443 of the above mentioned Deed Records and also being all of a 30.00 acre tract of land conveyed to Joe F. Stafford et ux by deed recorded as Document No. 2004050986 of the said Official Records and being also a part of a 89.1 acre tract of land, designated as the First Tract, conveyed to A.R. Westberg deed recorded in Volume 345, Page 231 of the Deed records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the South line of County Road #109, in the Northwest corner of Green Gate Section One as recorded in Cabinet I, Slide 325 of the Plat Records of Williamson County, Texas and the Northeast corner of the above mentioned Tract C for the Northeast corner of this tract. THENCE S 00°19'03" W at 798.53 feet pass an iron pin found in the Southwest corner of Green Gate Section One and the Northwest corner of Country View Estates as recorded in Cabinet N, Slide 90 of the above mentioned Plat Records and continue for a total of 2341.90 feet to an iron pin found in the Southwest corner of the above mentioned Country View Estates for the Southeast corner of the said Tract C and an angle point of this tract. THENCE S 89°46'00" W 681.53 feet to an iron pin found on the East line of the above mentioned 19.994 acre tract of land, in the Northwest corner of a 124.63 acre tract of land conveyed to A. Kreuger by deed recorded in Volume 411, Page 362 of the said Deed Records, for the Southwest corner of the said Tract C and an ell corner of this tract. THENCE S 00°06'00" E with the West line of the above mentioned 124.63 acre tract 2329.05 feet to an iron pin found in the Southeast corner of the above mentioned 62.01 acre tract and the Northeast corner of the above mentioned 89.1 acre tract for an angle point of this tract. THENCE S 00°03'51" W with the West line of the said 124.63 acre tract and the East line of the said 89.1 acre tract 1716.68 feet to an iron pin set for the Southeast corner of this tract. THENCE WEST 1775.68 feet to an iron pin set on the East line of County Road # 110 for the Southwest corner of this tract, THENCE N 00°01'14" E with the East line of County Road #110 at 1716.67 feet pass an iron pin found in the Northwest corner of the above mentioned 30.00 acre tract and the Southwest corner of the above mentioned 62.01 acre tract at 3237.62 feet pass the Northwest corner of the said 62.01 acre tract and the Southwest corner of the above mentioned 22.0 acre tract and continue for a total of 3777.09 feet to an iron pin set in the Southwest corner of the above mentioned 19.994 acre tract for the Northwest corner of the above mentioned 22.0 acre tract and an angle point of this tract. THENCE with the East line of County Road #110 and the West line of the said 19.994 acre tract for the following two (2) courses: (3) N 00°00'07" E 82.87 feet to an iron pin set for an angle point. (4) N 03°22'28" W 92.83 feet to an iron pin set in a reentrant corner of the said 19.994 acre tract for the Northwest corner of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 222.80 feet to an iron pin set for an ell corner of this tract. 274.073 ACRES PAGE 2 OF 3 THENCE N 00°02'34" W 359.96 feet to an iron pin set on the South line of a 10.00 acre tract of land conveyed to Janet E. Washburn by deed recorded as Document No. 2002023570 of the said Official Records for Northwest corner of the said 19.994 acre tract and an angle point of this tract. THENCE N 89°57'26" E with the North line of the said 19.994 acre tract 513.16 feet to an iron pin set in the Southeast corner of the above mentioned 10.00 acre tract and the Southwest corner of the said Tract A for an angle point of this tract. THENCE N 00°11'45" E 719.85 feet to an iron pin set in the Northeast corner of the above mentioned 10.00 acre tract for an ell corner of this tract. THENCE WEST 390.20 feet to an iron pin found on the East line of a 5.79 acre tract of land conveyed to J.R. Johnson in Volume 2020, Page 615 of the above mentioned Deed Records for the Northwest corner of the said 10.00 acre tract, an ell corner of the said Tract A and an ell corner of this tract. THENCE N 00°02'02" W 397.55 feet to an iron pin found in an ell corner of the said tract A for an ell corner of this tract. THENCE WEST 210.45 feet to an iron pin found in an ell corner of the said Tract A for an ell corner of this tract. THENCE N 00°04'37" W at 0.25 feet pass the Southeast corner of a 5.99 acre tract conveyed to E. C. Martinez by deed recorded in Volume 2203, Page 104 of the above said Deed Records and continue for a total of 990.09 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 5.99 acre tract, for the Northwest corner of the said tract 1 and the Northwest corner of this tract. THENCE S 89°51'58" E with the South line of County Road #109 823.17 feet to an iron pin set for angle point of this tract. THENCE S 00°08'02" W 18.30 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 50.00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 78.54 feet the long chord of which bears S 45°07'53" W 70.71 feet to an iron pin set for the PT of the said curve. THENCE S 00°07'53" W 76.49 to an iron pin set for an angle point of this tract. THENCE S 55°39'39" E 192.96 feet to an iron pin set for an angle point of this tract. THENCE N 40°30'02" E 159.85 feet to an iron pin set for an angle point of this tract THENCE N 67°50'32" E 30.50 to an iron pin set for an angle point of this tract. THENCE N 15°23'24" W 124.44 to an iron pin set on the South line of County Road #109 for the Northwest corner of this tract THENCE S 89°51'58" E with the South line of County Road #109 494.28 feet to an iron pin found in the Northwest corner of a 0.50 acre tract of land conveyed to Daniel Brett in Document No. 2002005540 of the said Official Records for a reentrant corner of this tract. THENCE S 00°10'34" W 400.01 feet to an iron pin found in the Southwest corner of the above mentioned 0.50 acre tract for an ell corner of this tract. THENCE S 89°58'50" E 383.39 feet to an iron pin found in the Southeast corner of a 3.017 acre tract of land conveyed to Daniel Brett in Document No. 2001064995 of the said Official Records for an ell corner of this tract. THENCE N 00°12'06" E 399.12 feet to an iron pin found on the South line of County Road #109, in the Northeast corner of the above mentioned 3.017 acre tract, for an ell corner of this tract. THENCE S 89°55'22" E with the South line of County Road #109 145.22 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. 274.073 ACRES PAGE 3 OF 3 THENCE S 87°21'55" E with the South line of County Road #109 163.87 feet to an iron pin found for an angle point of the said Tract C and an angle point of this tract. THENCE S 81°21'07" E with the South line of County Road #109 119.38 feet to the POINT OF BEGINNING, containing 274.073 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during 2003 and are correct to the best of my knowledge and belief. These field notes are to be used only for the creation of a utility district. Any use by these or any other persons for any other purpose is expressly prohibited. Bearing basis East line Swenson tract. Claude F. Hinkle, Jr. R.P.L.S. No. 4629 Date - `, 1354A:doc