R-05-10-13-10H5 - 10/13/2005RESOLUTION NO. R -05-10-13-10H5
WHEREAS , Merion 100, L.P. ("Developer") is the owner of
approximately 99.52 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 a Municipal Utility District to
be named Walsh Ranch Municipal Utility District for said land, and
WHEREAS, the City wishes to enter into a Consent Agreement with
the Developer regarding the creation of Walsh Ranch Municipal Utility
District, 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 Merion 100, 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 wasadopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVEDthis 13th day of October, 2005.
ST:
Mayor
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RBSOLUTI/R51013H5. WPD/sc
CONSENT AGREEMENT
BETWEEN
CITY OF ROUND ROCK, TEXAS
AND
MERION 100, L.P.
AND
WALSH RANCH MUNICIPAL UTILITY DISTRICT
EXHIBIT
a
z:\open fileslwateistone development - file no. 1087\walsh ranch - no. 009\walsh ranch consent agannt jsh clean 100605 doc
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 Merlon 100, L.P., a Texas
limited partnership ("Developer"). Upon creation of Walsh Ranch Municipal Utility District
to be created under Chapters 49 and 54 of the Texas Water Code (the "District"), the District will
join in this Agreement and become a party to this Agreement.
INTRODUCTION
Developer owns 99.52 acres of land located within the extraterritorial jurisdiction
("ETJ") 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 preliminary subdivision plat
approved by the City attached as Exhibit B ("Preliminary Plan").
Developer intends to develop the Land as "Walsh Ranch," a master -planned, residential
community that will include park and recreational facilities to serve the community. The Land is
located within the City's ETJ, and is also located within the City's water and wastewater service
areas, and the City will provide water supply and wastewater treatment services to the Land on a
wholesale basis (with the District as the retail provider) as set forth herein. Because the Land
constitutes a significant development area that will be developed in phases under a master
development plan and will receive water supply and wastewater services through District on,
-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. Developer and the City have previously entered into that
certain Development Agreement, dated August 11, 2005 with respect to the Land (the
"Development Agreement"). The Development Agreement sets forth certain rights, obligations,
terms and conditions regarding the development of 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.
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City: The City of Round Rock, Texas, a home rule city Iocated in Williamson County,
Texas_
City Manager: The City Manager of the City.
Preliminary Plan: The revised preliminary subdivision plat for the Land attached as
Exhibit B as submitted by Developer and approved by the City on July 13, 2005, as amended
from time to time in accordance with this Agreement.
County: Williamson County, Texas.
Developer: Merlon 100, L.P., a Texas limited partnership, or its successors and assigns
under this Agreement_
District: Walsh Ranch Municipal Utility District, a political subdivision of the State of
Texas, to be created over the Land, with the consent of the City, as provided in this Agreement.
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 99.52 acres of land located in the City's ETJ, described by metes
and bounds on Exhibit A attached hereto_
LUE: The term LUE refers to a Living Unit Equivalent and shall mean a unit of
measurement used to facilitate the sizing of water and wastewater mains. One LUE is equal to
the amount of water consumed and the amount of wastewater produced as established in the
City's Design and Construction Standards.
MUD Boundaries: Approximately 101.91 acres of land in the City's ETJ, being the Land
and certain public right-of-way, described by metes and bounds on Exhibit C attached hereto.
District Utility Facilities: The off-site and on-site water and wastewater facilities
necessary to provide wholesale water and wastewater service to the Land. The District Utility
Facilities are specifically the following as shown on the utility plan attached hereto as Exhibit D
(the "Utility Plan"):
(i) The Proposed lift station to be located on Lot 52, Block E of the
Subdivision as shown on the Utility Plan (the "Lift Station");
(ii) The proposed 8" waste water force main from the Lift Station to the man
hole in Alexandrite Way at the intersection with Behrens Parkway as shown on the
Utility Plan (the "Force Main");
(iii) The proposed 8" waste water gravity line from the end of the Force Main
to the existing 24" Onion Branch Relief Main as shown on the Utility Plan (the "Gravity
Line"); and
(iv) The proposed 12" water line from the southeastern comer of the Land to
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the existing 30" water line within a public utility easement as shown on the Utility Plan
(the "Water Line").
ARTICLE II
DEVELOPER'S COMMITMENTS TO THE CITY
Section 2.01 Dedication in Lieu of Master Development Fee. The City and the Developer
have entered into this Agreement for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and confessed. As part of the consideration for this Agreement,
Developer and the City agree that in lieu of the payment to the City of a Master Development
Fee the Developer agrees to make a dedication of parkland to the City, or cash payment in lieu
thereof, as more particularly set forth in Section 1.F of the Development Agreement.
Section 2.02 Developer's Transportation Obligations.
a. As additional consideration for this Agreement, Developer has agreed to dedicate
right-of-way for Sam Bass Road and to pay its pro rata share of a traffic signal for such road, as
more particularly set forth in the Section 1.B of the Development Agreement.
b. As additional consideration for this Agreement, Developer has agreed to
participate in the extension of Behren's Parkway, as more particularly set forth in Sections 1.0
and 1.M of the Development Agreement.
Section 2.03 District Utility Facilities.
a. As additional consideration for this Agreement, the District, or the Developer on
behalf of the District, will pay any and all costs associated with the design and construction of
the District Utility Facilities. The District Utility Facilities shall be conveyed at a future date to
the District, which may reimburse Developer for all reimbursable costs in connection with the
District Utility Facilities.
ARTICLE HI
MASTER DEVELOPMENT PLAN
Section 3.01 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, excluding intensive livestock operations, or as open space land.
Section 3.02 Preliminary Plan; Exceptions. The City hereby confirms (i) its approval of the
Preliminary Plan effective July 13, 2005, and (ii) that the Preliminary Plan complies with the
City's General Plan, as amended. The City approves the land uses, densities, exceptions,
roadway alignments and sizings and other matters shown on the Preliminary Plan, and confirms
that the Preliminary Plan has been approved by all required City departments, boards and
commissions.
Section 3.03 Development Review and Approval. The City agrees that Williamson County
will not have any responsibility for review and approval of construction plans, development
plans, and final subdivision plats within the Land, and that, the City shall be responsible for such
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review and approval. The City agrees to amend its interlocal agreement with Williamson
County, to the extent such an amendment is reasonably necessary or appropriate, to delegate the
authority for such approvals to the City. The City and Developer agree that all roadways within
the Land shall be reviewed, approved and constructed in accordance with City requirements. In
addition, the Developer agrees that the Land will be developed in accordance with all City
subdivision ordinance requirements which are applicable under Section 212.003, Texas Local
Government Code, subject to any modifications of such requirements provided by this
Agreement.
Section 3.04 Term of Approvals. The Preliminary Plan will be effective for the term of this
Agreement. Any final subdivision plat that is consistent with the Preliminary Plan, applicable
City ordinances and state law will be effective for the term of this Agreement.
Section 3.05 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 Preliminary
Plan may become desirable due to changes in market conditions or other factors. Minor
variations of final plat from the Preliminary Plan that do not increase the overall density of
development of the Land, as contemplated by the City's General Plan, will not require an
amendment to the Preliminary Plan. Minor changes to the Preliminary 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 be
approved administratively by the City's Director of Planning. Major changes to the Preliminary
Plan must be consistent with the terms of this Agreement and will be subject to review and
approval by the City.
ARTICLE IV
CREATION OF DISTRICT
Section 4.01 Consent to Creation of District. The City acknowledges receipt of Developer's
request attached hereto as Exhibit E, in accordance with Section 54.016, Texas Water Code and
Section 42.042, Texas Local Government Code, for creation of the District over the land within
the MUD Boundaries. On the Effective Date of this Agreement, the City has approved the
resolution attached as Exhibit F (the "Consent Resolution") consenting to the inclusion of the
land within the MUD Boundaries described in the Consent Resolution within the proposed
District. The City agrees that Exhibit F will constitute and evidence the City's consent to the
creation of the District within its extraterritorial jurisdiction. No further action will be required
on the part of the City to evidence its consent; however, the City agrees to provide any additional
confirmation of its consent that may be required by the Developer or the District if requested to
do so, including without limitation executing the consent resolution attached as Exhibit F for the
District if required by the Texas Commission on Environmental Quality ("TCEQ").
Section 4.02 Street Lighting. Developer, or an electric utility, will construct all required street
lighting within the boundaries of the District, and the District will be required to operate and
maintain the street lighting within its boundaries.
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Section 4.03 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 TCEQ 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 to be submitted with 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 Preliminary Plan, and will zone all developed property consistently with the land uses in
existence on the date of the annexation.
Section 4.04 Consent to Certain Out -of -District Service. The City hereby consents to the
provision of retail water and wastewater service by the District to the School Site (as hereinafter
defined) notwithstanding the fact that the School Site is located outside of the MUD Boundaries;
provided that, however, the foregoing consent shall only apply to the extent that the School Site
is used as a school for educational uses. The City further agrees to provide any additional
confirmation of its consent to such out -of -district that may be required by the Developer or the
District if requested to do so.
ARTICLE V
IMPACT FEES, RESERVATION OF CAPACITY
AND EXPANSION OF THE CITY'S WATER
AND WASTEWATER SYSTEMS
Section 5.01 Construction of Off -Site Water and Wastewater Facilities. The City shall
provide water and wastewater services to the Land and to the property owned by the Round Rock
Independent School District ("RRISD") adjacent to the Land (the "School Site") in accordance
with the terms of this Agreement and the terms of the Wholesale Water and Wastewater
Agreement being executed by the parties contemporaneously herewith.
a. The District, or the Developer on behalf of the District, will construct (or cause to
be constructed) the District Utility Facilities. The City agrees to reserve capacity in the District
Utility Facilities to provide water and waste water service to the Land and the School Site at the
levels of development shown in the Preliminary Plan and the approved site plan for the School
Site. The Developer will convey the District Utility Facilities once constructed to the District,
and the District will then convey the District Utility Facilities to the City for ownership,
operation and maintenance, subject to (i) the reservation of sufficient capacity in the District
Utility Facilities for provision of water and waste water service to the Land and School Site as
provided herein, and (ii) the Developer's right to reimbursement from the District for the cost of
the District's reserved capacity. Construction of some of the District Utility Facilities
commenced before the Effective Date of this Agreement, and the parties hereto agree that all of
such facilities are facilities that benefit the District and that Developer shall be reimbursed by the
District for its costs incurred to construct such facilities.
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Section 5.02 Impact Fees and Reserved Capacity. The City agrees that, upon construction of
the Developer Utility Facilities, it has and will maintain the ability to provide water and
wastewater service as required for the development within the Land and the School Site
sufficient to meet the minimum requirements of the TCEQ, not to exceed 335 total LUEs of
water service (being 92 LUEs for the School Site, 238 LUEs for the residential lots within the
Land, and 5 LUEs for the proposed amenity center within the Land) and 331 total LUEs of
wastewater service (being 92 LUEs for the School Site, 238 LUEs for the residential lots within
the Land, and 1 LUE for the proposed amenity center within the Land). The District, or the
Developer on behalf of the District, shall collect the City impact fees pursuant to the City's then
effective order or regulations from homebuilders seeking to construct homes on the residential
lots within the Land and shall pay to the City monthly such collected impact fees. Upon payment
of the City impact fee the District shall have adequate water and wastewater capacity in the
City's water and wastewater system for the amount of service for which the impact fees are
collected and the City agrees to reserve capacity in the City's utility system for the District in an
amount equal to the number of LUEs for which such impact fees have been paid, not to exceed
335 total LUEs of water service (being 92 LUEs for the School Site, 238 LUEs for the residential
lots within the Land, and 5 LUEs for the proposed amenity center within the Land) and 331 total
LUEs of wastewater service(being 92 LUEs for the School Site, 238 LUEs for the residential lots
within the Land, and 1 LUE for the proposed amenity center within the Land). It is agreed that
the impact fees specified in this paragraph shall be paid by or on behalf of the District to the City
as consideration for the rights granted to the District in the present and future capacity of the
City's water and wastewater system and for the City's agreement to furnish, and make
improvements necessary to furnish, the water and wastewater collection and treatment within the
Land in a timely manner to serve developments within the Land.
Notwithstanding the foregoing, the City's policy with respect to platting is to confirm that
water and wastewater service capacity is available at the time of preliminary plat approval, and
to assign capacity at the time of final plat approval. Accordingly, the City hereby confirms that
water and wastewater service capacity is available to the Land and the School Site as the
Preliminary Plan has been approved. Upon approval of any final plats for the Land, such
capacity shall be assigned to the portions of the Land contained in such plat.
Section 5.03 Expansion of the City System. Other than the Developer Utility Facilities, the
City agrees to proceed, at its sole cost and expense, to operate, maintain, repair, relocate,
improve, enlarge and replace, as necessary and appropriate, the City's water and wastewater
system in a timely manner, and in compliance with all regulatory requirements, so that it can
supply adequate and continuous wholesale water and wastewater service within the Land and to
the School Site, at the levels of service shown on the Preliminary Plan and the approved site plan
for the School Site, pursuant to the terms of this Agreement without moratorium or delay, subject
to force majeure.
ARTICLE VI
ON-SITE UTILITY FACILITIES
Section 6.01 Construction of Internal Facilities. The District, or the Developer on behalf
of the District, will construct (or cause to be constructed) all internal utility facilities that are
necessary to serve the land within the District and the School Site including the water system,
including all piping, valves, and hydrants within designated easements or rights of way up to the
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customer side of the meter; and the wastewater system, including all piping, manholes, and lift
stations located on District property or within designated easements or rights of way up to the
point of service entry by a single customer. These internal facilities will be designed and
constructed in accordance with the applicable ordinances, rules and regulations of the City and
any other governmental agency with jurisdiction.
Section 6.02 Ownership, Operation and Maintenance of Internal Facilities. The Developer
will convey the internal utility facilities once constructed to the District for operation and
maintenance, and upon receiving reimbursement from bond proceeds, will convey ownership of
such facilities to the District.
ARTICLE VII
CITY SERVICES AND OTHER 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 Developer's drainage plan is subject to City review and
approval, which will be not unreasonably withheld or delayed. 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.
Section 7.03 Fire Protection Services. The Developer and the City agree to negotiate a fire
plan, for presentation to the District, under which the 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 TCEQ and the voters within the District, and approval
will be subject to confirmation that the District is not included within the service area of an
existing emergency services district. The District and Developer acknowledge that any fire
protection plan must be approved by the City Council.
Section 7.04 Wholesale Water and Wastewater Utility Services. The City agrees to enter
into a wholesale water and wastewater utility services agreement with the District on the terms
set forth in Exhibit G. This utility services agreement will include any other standard teens
contained in City wholesale water and wastewater contracts that are not in conflict with the terms
of Exhibit G. The District will provide retail water and wastewater services within the MUD
Boundaries and to the School Site.
ARTICLE VIII
PARK AND RECREATIONAL AMENITIES
Section 8.01 Improvements. Any playground equipment constructed by Developer will meet
consumer product safety standards.
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ARTICLE IX
AUTHORITY AND VESTING OF RIGHTS
Section 9.01 Authority. This Agreement and Development Agreement are entered into, in
part, under the statutory authority of Section 54.016 of the Texas Water Code and Sections
42.042, 212.172, and 402.014 of the Texas Local Government Code, which authorizes the City
to make written contracts with the owners of land establishing lawful temis 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 Preliminary Plansubmitted by Developer and approved
on July 13, 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 and the Development Agreement. It is the intent of the City and Developer that these
vested development rights include the character of land uses, the number of units, the general
location of roadways, the design standards for streets and roadways, and development of the
Land in accordance with the standards and criteria set forth in this Agreement, the Development
Agreement and applicable City ordinances in existence on July 13, 2005, subject to any
exceptions explicitly set forth in this Agreement or the Development Agreement.
Section 9.03 Landowner's Right to Continue Development. In consideration of Developer's
agreements hereunder, the City agrees that it will not, during the term of this Agreement, impose
or attempt to impose: (a) any moratorium on building or development within the Land or (b) any
land use or development regulation that limits the rate or timing of land use approvals, to the
extent applicable, whether affecting preliminary plats, final plats, site plans, building permits,
certificates of occupancy or other necessary approvals, within the Land. The preceding sentence
does not apply to temporary moratoriums uniformly imposed throughout the City due to an
emergency constituting imminent threat to the public health or safety, provided that such a
moratorium will continue only during the duration of the emergency.
ARTICLE X
ADOPTION AND PERFORMANCE OF AGREEMENT BY DISTIRCT
Section 10.01 Adoption of this Agreement by District. The Developer agrees to use its best
efforts to assure that, after the District is created, the Board of Directors of the District shall
approve, ratify and confirm this Agreement and accept and agree to comply with all the terms
and provisions of this Agreement, to be evidenced by the signing of this Agreement by and on
behalf of the District.
The obligations of the District under this Agreement, whether for payment, construction
of facilities, or otherwise, may be performed on behalf of the District by Developer or
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subsequent developers, pursuant to a contract or contracts between Developer or subsequent
developers and the District.
Section 10.02 District as Third -Party Beneficiary. The parties hereto agree that the District is
a third -party beneficiary of the terms and provisions of this Agreement. When the District
ratifies, affirms and accepts the benefits and agrees to the terms, conditions and requirements of
this Agreement, as provided in 12.09 above, the City, the District, and the Developer may each
and all mutually insist on and enforce compliance by the other parties with the terms, conditions
and requirements of this Agreement.
Section 10.03 Developer's Rights and Obligations Prior to Acceptance by. Districts. Until
this Agreement is accepted and signed by the District, as provided in Section 10.01 above, the
Developer shall perform all of the Districts' obligations, and shall be entitled to receive all of the
Districts' benefits pursuant to this Agreement.
ARTICLE XI
BOND REIMBURSEMENT, SEVERABILITY AND MODIFICATION
OF CONTRACT
Section 11.01 General Statement. The City agrees the District may issue bonds and notes for
any lawful purpose. The District will issue bonds only for the purposes authorized by law,
including but not limited to, purchasing, designing and constructing, or purchasing, designing
and constructing or otherwise acquiring waterworks systems, sanitary sewer systems, storm
sewer systems, drainage facilities, water quality facilities, recreational facilities and amenities,
and such other improvements or facilities as allowed by law, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements, extensions,
additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way,
easements, sites, equipment, buildings, plants, structures, and facilities therefore, and to operate
and maintain same, and to sell water, sanitary sewer, and other services within or without the
boundaries of the District. Such bonds must provide that the District reserves the right to redeem
said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of the date
of issuance without premium, and none of such bonds, other than refunding bonds, will be sold
for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into
account any discount or premium as well as the interest rate reported by the Daily Bond Buyer in
its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of
such bonds. The District resolution authorizing the issuance of the District's bonds will contain
a provision that the pledge of any revenues from the operation of the District's water, sewer,
drainage, water quality, and/or recreational and amenity system to the payment of the District's
bonds will terminate when and if the City annexes the District, takes over the assets of the
District and assumes all of the obligations of the District.
Section 11.02 Bond Reimbursement. The District reserves the right, and shall have the right,
to reimburse persons or entities who pay to secure capacity in the City's water and wastewater
system including impact fees and payments for construction and acquisition of all facilities
provided for in this Agreement, from the proceeds of bonds issued by the District, up to and
including the maximum amount permitted by the rules of the TCEQ.
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Section 11.03 Enforceability and Modification of Contract. In the event that the TCEQ or its
successor, or the Attorney General of Texas, or any court of competent jurisdiction determines
that any provision of this Agreement is beyond the scope of the Texas Water Code, or reduces
the ability of the District to issue bonds to pay for its expenses in connection with the water and
wastewater service made the subjectof this Agreement, the City and the District agree to
immediately amend this agreement to conform to such ruling or decision.
ARTICLE XII
TERM, ASSIGNMENT AND REMEDIES
Section 12.01 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.
Section12.02 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
and Developer and, following creation of the District, the District, or 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.
Section 12.03 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, conditioned 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.
Section12.04 Remedies.
a. If the City defaults under this Agreement, Developer may enforce this Agreement
by seeking 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
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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 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 12.05 Cooperation.
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 the 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 XIII
MISCELLANEOUS PROVISIONS
Section 13.01 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 facsimile with 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
12
With Required Copy to: Steve Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
Developer:
Merion 100, Ltd.
c/o Waterston Development Group
4314 West Braker Lane, Suite 250
Austin, Texas 78759
Attention: Robert D. Wunsch
Telephone: (512) 381-1280
Facsimile: (512) 381-1282
With Required Copy to: McLean and Howard, L.L.P.
1004 Mopac Circle, Suite 100
Austin, Texas 78746
Attention: Jeffrey S. Howard
Telephone: (512) 328-2008
Facsimile: (512) 328-2409
The parties may change their respective addresses to any other address within the United States
of America by giving at least 5 days' written notice to the other party. Developer may, by giving
at least 5 days' written notice to the City, designate additional parties to receive copies of notices
under this Agreement.
Section 13.02 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 13.03 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 13.04 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, except the Development
Agreement, between the parties concerning the subject matter.
Section 13.05 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
13
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 thesingular
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 13.06 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 13.07 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 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 13.08 Exhibits. The following exhibits are attached to this Agreement, and made a part
hereof for all purposes:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G
Metes and Bounds Description of the Land
Preliminary Plan
MUD Boundaries
Utility Plan Showing Developer Utility Facilities
Petition for Consent to the Creation of a Municipal Utility District
Consent Resolution
Terms of Wholesale Utility Agreement
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
dates indicated below.
[signature page to follow]
14
A I"I EST:
13y:
Name:
Title: Secretary
15
CITY OF ROUND ROCK
By:
Printed Name:
Title: Mayor
Date:
MERION 100, L.P., a Texas limited
partnership
By: R/R Bandon Dunes Company, LLC
a Texas limited liability company,
its General Partner
By: 46—‘2--
Printed
Printed Name: kv L 1 0, L) 1.44-s4k
Title: Pr r s c{. •. .—
DATE: 9 /s/os
WALSH RANCH MUNICIPAL UTILITY
DISTRICT
By:
Name:
Title: President
EXHIBIT A
[METES AND BOUNDS DESCRIPTION OF THE LAND]
16
99.52 ACRES EXHIBIT
JAMES GARLAND WALSH, JR
DESCRIPTION
FN NO 946
November 24, 2004
JOB NO. 213-32..54
OF A 99.52 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF '.L }-t,
WILLIAM KINCAID SURVEY, ABSTRACT NO. 374 AND THE EPHA M EVANS
SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION OF THE 1848.03 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH; RECORDED Bq VOLUME 420, PAGE 638, DEED RECORDS OF
WILLIAMSON COUNTY, '.t'EXA.S, AND A PORTION OF THE FORTY-SIX AND ONE-
RALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH, .TR., RECORDED IN DOCUMENT NO. 9508005, OF '1'H it;
OFFICIAL RECORDS OF WILLIAMSON COUNTY, 'TEXAS, AND A -PORTION OF
THE FORTY-SIX AND ONE-RALF PERCENT INTEREST IN THE 166.48 ACRE
TRACT CONVEYED TO AVONIA ELIZABETH JAEUK:S, RECORDED IN
DOCUMENT NO. 9508006, 01? 'THE OFFICIAL RECORDS OF WtTT,IAmsoN
COUNTY, TEXAS, AND A . PORTION OF T H 14 ONE AND ONE-HALF PERCENT
INTEREST IN 1' 166.48 ACRE TRACT CONVEYED TO JAMES GARLAND
WALSB, JR, RECORDED IN DOCUMENT NO. 9618420 OF TBLE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE ONE
AND ONE-HALF PERCENT )N1EREST ] I THE 166.48 ACRE TIt.A,CT CONVEYED
TO AVONIA ELIZABETH. JAECKS, RECORDED IN DOCUMENT NO. 9618421, OF
THE OFFICIAL RECORDS 01? WILLIAIVISON COUNTY, TPxAS, SAID 99.52 ACRE
TRACT BEING ALL OF TRACT A, TRACT B AND TRACT C BEING MORE
PARTICUALARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT A
BEGINNING, at a 1/2 inch iron rod found at the southeast comer of said 166.48 acre tract and
an ell corner of a 474.91 acre tract conveyed to Hy -Land North Joint Venture, recorded in
Volume- 639, Page 693, Deed Records of Williamson County, Texas, same being in the north line,
of County. Road 175 (Sam Bass Road), for the southeast corner hereof
THENCE, along the south line of said 166.48 acre tract and the north line of County Road 175,
the following seven (7) courses and distances:
1) 587°05'32"W. a distance of 104.58 feet to a 1/2 inch iron rod fomd for an angle point
hereof,
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found for an a.angle point
hereof .
3) S88°15'45"W, a distance of 519.78 feet to -a 1/2 inch iron rod found for an angle point
hereof,
4) 189°08'50"W, a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's' cap
(INTERSTATE SURVE flNG, INC.) set for an angle point hereof
IN 946
PAGE TWO
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for an angle point hereof,
6) N53°14'50"W, a distance of 44.64 feet to a calculated point for an angle point hereof, and
7) N711)30'50"W, a distance of 14.17 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for an angle point hereof,
TBENCE, leaving the north line of County Road 175, through said 166.48 acre tract, along the
east and north line of a proposed 40.41 acre tract, the following six (6) courses and distances:
1) N22°40'37"E, a distance of 1180.78 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for a point of curvature hereof,
2) along a curve to the left, having a radius of 800 feet, a delta angle_ of D81'58'13", a chord
distance of 125.12 feet (chord bears N18°11'30"E), an arc distance of 125.25,feet -to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for an
angle point hereat
3) along a curve to the.right, having a radius of 800.00 feet, a delta angle of 08°01'54", a
chord distance of 112,05 feet (chord bears N71°20'20"W), an arc distance of 112.14 feet to
a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for
a point of tangency hereof
4) N67°19'23' W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVE 1NG, INC.) set for a point of curvature hereof
5) along a curve to the le$, having a radius of 800.00 feet, a delta angle of 4r43'11", a chord
distance of 595.74 feet (chord bears N89°10' -58"W), mare distanoe of 610.44 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for a
point of tangency hereon=, and
6) S68°57326' W, a distance of 585.22 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set in the west line of Tract 1 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No. 200401907, of the
Official PublicRecords of Williamson County, Texas, for an ell corner hereof
THENCE, through the said 166.48 acre tract, along.thee west line of said Tract 1, N19°37'57"W,
a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap (B RSTA:I:
SURVEYING, INC.) set for the southwest corner of Tract 2 of said Brushy Creek Municipal
Utility District deed, for the northwest corner hereof, •
THENCE, through the said 166.48 acre tract, along the south line of said Tract 2, N69°28'27'x,
a distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTER.STA1'.b
SURVEYING, INC.) set in the east line of said 166.48 acre tract and a west line of said 474.91
acre tract, for the northeast corner hereof,
G
FN 946
PAGE THREE
• THENCE, along the east line of said 166.48 acre tract and a west line of said 474.91 acre tract,
S20°33'167E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 139.934
acres of land area, more or less, within these metes and bounds.
'FACT B
COMMENCING, at a 1/2 inch iron rod found at the southeast comer of said 166.48 acre tract,
and a southwest corner of a 474.91 acre tract conveyed to HY LAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County ltd. 175);
THENCE, through said 166.48 acre tract, N85°49'01"W, a distance of 1688.54 feet to a 1/2 inch
iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for the POINT OF
BEGINNING hereof;
TEENCE, through said 166.48 acre tract the following five (5) courses and distances:
1) along a curve to the right, having a radius of 25.00 feet, a delta angle of 84°18'41", a chord
distance of 33.56 feet (chord bears S64D49'S8"W), an arc distance of 36.79 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SUR.VEYING, INC.) set of
reverse curvature hereof;
2) along a curve to the left; having a radius of 940.00 feet, a delta angle of .01°40'51", a chord
distance of 27.58 feet (chord bears N72°10' 16"W), an arc distance of 27.5-8 feet to a 112
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set, for an
angle point hereof
3) N22°40'3 /".h, a distance of 53.80 feet to a 1/2 inch iron rod -with plastic survey& s cap-
.
(INTERSTA.TE SURVEYING, INC.) set, for an ell corner hereof
4) S67°19'23' , a distance of 50.00 feet to a 1/2 inch' iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set, for an ell cornier hereof -and
5) 822°40'37"W, a distance of 26.59 feet to the POINT OF BEGINNING, containing 0.06
acres (2476 square feet) ofiAnd area, more or less, within. these metes and bounds_
TRAUI' C
COMMENCING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract,
and a southwest comer of a 474.91 acre tract conveyed to HYLAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd, 175);
THENCE, along the common line of said 166.48 acre tract and said 474.91 acre tract,
N20°33'16"W, a distance of 3150.32 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the southeast corner of Tract 2 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No. 200401907, of the Official
FN 946
PAGE FOUR
Public Records of Williamson County, Texas, for an ell corner hereof,
THENCE, through said 166.48 acre tract, along the south line of said Tract 2, S69°28'27"W, a
distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of Tract 1 of said Brushy Creek Municipal 'Utility District
deed, for an ell comer hereof;
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, S19°37'ST'E, a
distance of 920.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTA ,
SURVEYING, INC.) set for the POINT OF BEGINNING, for the northwest corner hereof;
THENCE, through said 166,48 acre tract the following three (3) courses and distances:
1) N68°57'26"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the northeast corner hereof,
2) S19°37'57”E, a distance of 25.01 feet to a 112 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the southeast corner hereof; and
3) S68°57'26"W, a distance of 25.-01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set in the east line of said Tract 1 for the -southwest
_comer hereof
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, N19°3.7)57W, a
distance of 25.01 feet to the POINT OF BEG]N1 I G, containing 0.01 acres (625 square feet)
ofland area, more carless, within these metes and bounds.
Tract A (99.45 acres) with Tract B(0.06 acres) and Tract C (0.01 acres) contains 99.52 acres
(4,332,167 square feet) of land area, more or less, within these metes and bounds_
STATE OF TEXAS -
X NNQW ALL BY THESE PRESENTS §
COUNTY OF WILLIAMSON §
THAT 1, BLAINE J. MILLER, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT TIDE ABOVE DESCRIPTION IS 'TRUE- AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBKI3 HERBJN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER. MY DIRECTION AND
SUPERVISION.
'WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY, i't'.XA.S THIS 24th DAY OF
NOVEMBER, 2004 A.D.
BLAINE 3. t1 ER, Ii..P.L.S.
STATE OF TEXAS 1\10.5121
INTERSTATE SURVEYING, INC.
13740 N. B WY 183, BLDG. L-4
Austin, Tcxas 78750 (FN 9N -9501F) 946)
EXHIBIT B
[PRELIMINARY PLAN]
L
Ucile. 10-09-09
Drawn by: Jake,
elle: .023 LAT
el:Pee. MA, 5ro..Se
ProjectNo.. 203-29,20
WATERSTONE DEVELOPMENT
4314 WEST BRAKER W NE
SUITE 250
AUSTIN, TX )9]59
We.(5,2)381-1280 FAX (512)3e 1-1282
WALSH RANCH
PRELIMINARY PLAT
.CSA COOK-STEINIWI & 4SSOCI4TES INC
Consulting Engineers and Land Planning
000112. Texts Tel (512) 454-5177 Fax (018) 451-2999
EXHIBIT C
MUD BOUNDARIES
101.91 ACRES
M.U.D. TRACT
EXHIBIT
DESCRIPTION
FHT NO 971
AUGUST 24, 2005
JOB NO. 213-32.61
OF A 101.91 ACRE TRACT OF LAND OUT OF AND PART OF THE WILLIAM KINCAID
SURVEY, ABSTRACT NO. 374, AND THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE TRACT OR PARCEL OF
LAND BEING A 99.52 ACRE TRACT CONVEYED TO KERION 100, L.P., RECORDED IN
DOCUMENT NO. 200409314 OF THE OFFICIAL PUBLIC RECORDS OF WILLIA.IVISON
COUNTY, TEXAS, AND A 2.39 ACRE PORTION OF A 3.80 ACRE TRACT CONVEYED TO
WILLIAMSON COUNTY, TEXAS, RECORDED IN DOCUMENT NO. 2005063737, OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING ata 1/2 inch iron rod found at the southeast corner of said 99.52 acre tract, and a southwest
corner of a 474.91 acre tract conveyed to Hy -Land North Joint Venture, in Volume 639, Page 693, of the
Deed Records of Williamson County, Texas, same being in the north line of Sam Bass Road (county rd. 175);
THENCE along the south line of said 99.52 acre tract and the north line of Sam Bass Road, the following
seven (7) courses and distances:
1) S87°05'32"W, a distance of 104.58 feet to a 18 inch live oak tree, for an angle point hereof;
2) N87°50152'W, a distance of 275.11 feet to a 1/2 inch iron rod found, for an angle point hereof;
3) S88°15'45"W, a distance of 519.78 feet to a 1/2 inch iron rod found, for an angle point hereof;
4) N89°08'50'W, a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) Found, for an angle point hereof;
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof;
6) N53°14'50"W, a distance of 44.64 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a calculated point for the southeast comer of said 40.41 acre
tract, and a point on line hereof
THENCE leaving the south line of said 99.52 acre tract, along the south line of said 3.80 acre tract and the
north line of said Sam Bass Road, N71°30'50"W, a distance of 82.72 feet to a calculated point for an angle
point hereof;
THENCE leaving the north line of Sam Bass Road through said 3.80 acre tract, N22°40'3 T'E, a distance of
41.28 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found, for the
southwest corner of a 0.06 portion of said 99.52 acre tract, for a point on line hereof;
THENCE along the common line of said 0.06 acre tract and said 40.41 acre tract, the following two (2)
courses and distances:
1) N22°40'37"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell corner hereof; and
EN 971
PAGE TWO
2) S67°19'23"E, a distance of 50.00 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying; Inc.) found in the common line of said 3.80 acre tract and said 40.41 acre tract for an ell
corner hereof;
THENCE leaving the common line of said 0.06 acre tract and said 40.41 acre tract and along the common
line of said 3.80 acre tract and said 40.41 acre tract the following seven (7) courses and distances:
1) N22°40'37"E, a distance of 1091.75 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) set for a point of curvature hereof;
2) along a curve to the left, having a radius of 767.50 feet, a delta angle of 04045'32", a chord distance of
63.73 feet (chord bears N20° 17'5 1 "E), an arc distance of 63.75 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point of compound curvature hereof;
3) along a curve to the left, having a radius of 25.00 feet, a delta angle of 89'21'14", a chord distance of
35.16 feet (chord bears N26°45'32"W), an arc distance of 38.99 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point. of reverse curvature hereof;
4) along a curve to the right, having a radius of 832.50 feet, a delta angle of 04°06'46", a chord distance
of 59.75 feet (chord bears N69°2247''W), an arc distance of 59.76 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof;
5) N67°19'23"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inr.) set for a point of curvature hereof;
6) along a curve to the left, having a radius of 767.50 feet, a delta angle of 43043'11", a chord ciistance of
571.54 feet (chord bears N89°10'58"W), an arc distance of 585.64 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof; and
7) S68°5726"W, a distance of 561.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found at an ell corner of said 40.41 acre tract, for an ell corner hereof;
THENCE leaving the common line of said 3.80 acre tract and said 40.41 acre tract, along the common line
of said 40.41 acre tract and said 99.52 acre tract, the following two (2) courses and distances:
1) S 19°37'56"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell corner hereof; and
2) S68°57'26"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found in the east line of said tract i and an ell corner of said 99.52 acre tract and said
40.41 acre tract, for an ell corner hereof,
THENCE leaving the west line of said 40.41 acre tract, along the common line of said 99.52 acre tract and
Tract 1, conveyed to Brushy Creek Municipal Utility District, recorded in Document No. 2004019077, of the
Official Public Records of Williamson County, Texas, N19°37'57"W, a distance of 25.01 feet to a 1/2 inch
iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found for an ell comer of said 3.80 acre tract,
and a point on line hereof;
THENCE leaving the west line of said 99.52 acre tract, along the west line of said 3.80 acre tract and the
east line of said Tract 1, N19°37'57"W, a distance of 32.51 feet to a 1/2 inch iron rod with plastic surveyor's
cap (Interstate Surveying, Inc.) found for the northwest comer of said 3.80 acre tract and an ell comer of said
99.52 acre tract, for a point on line hereof;
FN 971
Page THREE
THENCE leaving the west line of said 3.80 acre tract, along the common line of said 99.52 acre tract and
said Tract 1, N19°37'57"W, a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap
(Interstate Surveying, Inc.) found for the northwest corner of said 99.52 acre tract and the southwest corner of
Tract 2, conveyed to Brushy Creek Municipal Utility District, recorded in Document No. 2004019077, of the
Official Public Records of Williamson County, Texas, for the northwest corner hereof;
THENCE leaving the east line of said Tract 1, along the common line of said Tract 2 and said 99.52 acre
tract, N59°28'27"E, a distance of 2286.14 feet to a 1/2 inch iron rod found al the southeast corner of said
Tract 2 and the northeast corner of said 99.52 acre tract same being in the west line of said Hy -Land North
Joins Venture, for the northeast toner hereof;
THENCE along the common line of said 99.52 acre tract and said Hy -Land North Joint Venture tract,
S20°33'16"E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 101.91 acres of land
area, more.or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing
file "21332MUD.dwg".
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
THAT 1, BLAINE J. MILLER, A REGISTERED
CERf11iY THAT THE ABOVE DESCRIPTION
IO*NOWLEDCTF AND BELIEF AND THAT
DETERMINED BY A SURVEY MADE ON
SUPERVISION.
PROFESSIONAL LAND SURVEYOR, DO HEREBY
IS TRUE AND CORRECT TO THE BEST OF MY
THE PROPERTY DESCRIBED HEREIN WAS
THE GROUND UNDER MY DIRECTION AND
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY,
TEXAS, THIS 24th DAY OF AUGUST, 2005 A.D.
BLAINE J`MILLER, RP.L.S.
STATE OF 1'E,XAS NO.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas 78750
951-10001FN-971)
EXHIBIT D
UTILITY PLAN
2
Nr. 2002820k 20029.
0029PS8
WATERSTONE DEVELOPMENT
4114 NEST BRAKER LANE
SUITE 2m
AUSTIN. TI( 70752
PH_ 1512) 2814280 FAX (512) 181-1282
REVISED WATER, WASTEWATER
& DRA/NAGE SCHEMATIC
Consulting Engineers and land Planning
4udin. T8r.e Tel (512) 437-C77 kyr (572) 464-20ii
EXHIBIT E
PETITION FOR CONSENT TO CREATION OF A MUNICIPAL UTILITY DISTRICT
CERTIFICATE OF RECEIPT PETITION FOR
CONSENT TO THE CREATION OF
A MUNICIPAL UTILITY DISTRICT
The undersigned, the duly qualified and acting City Secretary of the City of Round Rock,
Texas hereby certifies that I have received and executed copy of a Petition for Consent to
Creation of Municipal Utility District relating to the proposed Walsh Ranch Municipal Utility
District.
WITNESS MY HAND and the seal of the City of Round Rock this
, 2005.
City Secretary
City of Round Rock, Texas
57
day of
R �1
PETITION FOR CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DIS FRICT
IN THE MATTER OF WALSH RANCH §
§
WILLIAMSON COUNTY, TEXAS §
MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
The undersigned (the "Petitioner"), holding title to the land described below and acting
pursuant to the provisions of Chapter 49 and 54, Texas Water Code and Section 42.042, Local
Government Code, respectfully petitions the City Council of the City of Round Rock, Texas, for
its written consent to the creation of a municipal utility district over the following—described land
and, in support thereat would show the following:
I.
The name of the proposed district is WALSH RANCH MUNICIPAL UTILITY
DISTRICT (the "District").
IL
The District will be created and organized under the teams and provisions of Article XVI,
Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code.
III
The District will contain a total of approximately 101.91 acres of land, more or less,
situated in Williamson County, Texas out of which the undersigned owns approximately 99.52
acres. All of the land proposed to be included in the District is located within the extraterritorial
jurisdiction of the City of Round Rock, Texas (the "City"). All of the land proposed to be
1
included within the District is described by metes and bounds on Exhibit "A" which is attached
hereto and incorporated herein for all purposes.
IV.
Petitioner holds title to land proposed to be included within the District and is the owner
of a majority in value of the holders of title of the land within the proposed district as indicated
by the tax rolls of Williamson County, Texas.
V.
The general nature of the work to be done by the District at the present time is the design,
construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system
for domestic and commercial purposes, and the construction, acquisition, improvement,
extension, maintenance and operation of works, improvements, facilities, plants, equipment and
appliances helpful or necessary to provide more adequate drainage for the District, and to
control, abate and amend local storm waters or other harmful excesses of waters, and such other
construction, acquisition, improvement, maintenance and operation' of such additional facilities,
systems, plants and enterprises (including recreational and park facilities) as shall be consonant
with all of the purposes for which the District is created.
VL
There is a necessity for the above-described work, because there is not now available
within the area, which will be developed for single family residential uses, an adequate
waterworks system, sanitary sewer system, or drainage and stout' sewer system. The health and
welfare of the present and future inhabitants of the area and of the territories adjacent thereto
require the purchase, design, construction, acquisition, ownership, operation, repair,
improvement and extension of an adequate waterworks system, sanitary sewer system, and
2
drainage and storm sewer system. A public necessity, therefore, exists for the creation of the
District, to provide for the purchase, design., construction, acquisition, ownership, operation,
repair, improvement and extension of such waterworks system, sanitary sewer system, and
drainage and stoini sewer system, to promote the purity and sanitary condition of the State's
waters and the public health and welfare of the community.
VII.
. A preliminary investigation has been made to determine the cost of the proposed
District's project, and it is now estimated by the Petitioner, from such information as it has at this
time, that such cost will be approximately $9,670,000.00.
WHEREFORE, Petitioner prays that this petition be heard and that the governing body of
the City duly pass and approve an ordinance or resolution granting consent to the creation of the
District and authorizing the inclusion of the land described herein within the District.
RESPECTFULLY SUBMITTED this / day of 31-ako"i"A , 2005.
PETI I'IONER:
MERTON 100, L.P.
a Texas limited partnership
By: RR/ Bandon Dunes Company, L.L.C.
a Texas limited liability company, its
General Partner
By: /� 1� L✓ .�
Robert D. Wunsch, President
3
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
This instrument wasacknowledged before me on ca° ! L- Ou /) S— by
Robert D. Wunsch, .President of RR/Bandon Dunes Company, L.L.C., a Texas limited liability
company, General Partner, on behalf of Merlon 100, L.P., a Texas limited partnership.
(SEAL) .
NOTARY PUBLI , STATE OF TEXAS
.o6 PU A HINOJOSA E
NOTARY PUBLIC E
�{ Slate of Texas
Lm,..l V Comm. Exp. 05/1612097
4
101.91 ACRES
M.U.D. TRACT
EXHIBIT2_
DESCRIPTION
FN NO 971
AUGUST 24, 2005
JOB NO. 213-32.61
OF A 101.91 ACRE TRACT OF LAND OUT OF AND PART OF THE WILLIAM KINCAID
SURVEY, ABSTRACT NO. 374, AND THE EPHRAIM EVA.NS SURVEY, ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE TRACT OR PARCEL OF
LAND BEING A 99.52 ACRE TRACI' CONVEYED TO MERION 100, L.P., RECORDED IN
DOCUMENT NO. 200409314 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND A 2.39 ACRE PORTION 01? A 180 ACRE TRACI' CONVEYED TO
WILLIAMSON COUNTY, TEXAS, RECORDED IN DOCUMENT NO. 2005063737, OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAIVISON COUNTY, TEXAS; SAID 101.91 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said 99.52 acre tract, and a southwest
comer of a 474.91 acre tract conveyed to Hy -Land North Joint Venture, in Volume 639, Page 693, of the
Deed Records of Williamson County, Texas, same being in the north line of Sam Bass Road (county rd. 175);
THENCE along the south line of said 99.52 acre tract and the north line of Sam Bass Road, the following
seven (7) courses and distances:
1) S87°05'32"W, a distance of 104.58 feet to a 18 inch live oak tree, for an angle point hereof
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found, for an angle point hereof;
3) .588°15'45"W, a distanee of 519.78 feet to a 1/2 inch iron rod found, for an angle point hereof;
4) N89°08'50"W, a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) Found, for an angle point hereof;
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof,
6) N53°14'50"W, a distance of 44.64 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a calculated point for the southeast corner of said 40.41 acre
tract, and a point on line hereof;
THENCE leaving the south line of said 99.52 acre tract, along the south line of said 3.80 acre tract and the
north line of said Sam Bass Road, N71°30'50"W, a distance of 82.72 feet to a calculated paint for an angle
point hereof;
THENCE leaving the north line of Sam Bass Road through said 3.80 acre tract, N22°40'3 7"E, a distance of
41.28 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate Surveying, Inc_) found, for the
southwest corner of a 0.06 portion of said 99.52 acre tract, for a point on line hereof;
THENCE along the common line of said 0.06 acre tract and said 40.41 acre tract, the following two (2)
courses and distances:
1) N22°40'37"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell corner hereof; and
FN 971
PAGE TW0
2) S67°19'23"E, a distance of 50.00 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found in the common line of said 3.80 acre tract and said 40.41 acre tract for an ell
corner hereof;
THENCE leaving the common line of said 0.06 acre tract and said 40.41 acre tract and along the common
line of said 3.80 acre tract and said 40.41 acre tract the following seven (7) courses and distances:
1) N22°40'37"E, a distance of 1091.75 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) set for a point of curvature hereof;
2) along a curve to the left, having a radius of 767.50 feet, a delta angle of 04°45'32", a chord distance of
63.73 feet (chord bears N20° 17'51 "E), an arc distance of 63.75 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point of compound curvature hereof;
3) along a curve to the left, having a radius of 25.00 feet, a delta angle of 89°21'14", a chord distance of
35.16 feet (chord bears N26°45'32"W), an arc distance of 38.99 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point of reverse curvature hereof;
4) along a curve to the right, having a radius of 832.50 feet, a delta angle of 04°06'46", .a chord distance
of 59.75 feet (chord bears N69°22'47"}T), an arc distance of 59.76 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof;
5) N67°1923"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Tnr.) set for a point of curvature hereof;
6) along a curve to the left, having a radius of 767.50 feet, a delta angle of 43°43'11", a chord distance of
571.54 feet (chord bears N89°10'58"W), an are distance of 585.64 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof; and
7) 568°5726"W, a distance of 561.01 feet to a 1/2 inch iron rod with plastic surveyor's cap. (Interstate
Surveying, Inc.) found at an ell corner of said 40.41 acre tract, for an ell corner hereof;
THENCE leaving the common line of said 3.80 acre tract and said 40.41 acre tract, along the common line
of said 40.41 acre tract and said 99.52 acre tract, the following two (2) courses and distances:
1) S19°3756"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell corner hereof; and
2) S68°57'26"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Tnc.) found in the east line of said tract i and an ell corner of said 99.52 acre tract and said
40.41 acre tract, for an ell corner hereof,
THENCE leaving the west line of said 40.41 acre tract, along the common line of said 99.52 acre tract and
Tract 1, conveyed to Brushy Creek Municipal Utility District, recorded in Document No. 2004019077, of the
Official Public Records of Williamson County, Texas, N 19°37'57"W, a distance of 25.01 feet to a 1/2 inch
iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found for an ell comer of said 3.80 acre tract,
and a point on line hereof;
THENCE leaving the west line of said 99.52 acre tract, along the west line of said 3.80 acre tract and the
east line of said Tract 1, N19°37'57"W, a distance of 32.51 feet to a 1/2 inch iron rod with plastic surveyor's
cap (Interstate Surveying, Inc.) found for the northwest corner of said 3.80 acre tract and an ell corner of said
99.52 acre tract, for a point on line hereof;
FN 971
Page THREE
THENCE leaving the west line of said 3.80 acre tract, along the common Iine of said 99.52 acre tract and
said Tract 1, N19°37157"W, .a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap
(Interstate Surveying, Inc.) found for the northwest corner of said 99.52 acre tract and the southwest corner of
Traci 2, conveyed to Brushy Creel: Municipal Utility District, recorded in Document No. 2004019077, of the
Official Public Records of Williamson County; Texas, for the northwest corner hereof;
THENCE leaving the east line of said Tract 1, along the common line of said Tract 2 and said 99.52 acre
tract, N69°28'27"E, a distance of 2286.14 feet to a 1/2 inch iron rod found at the southeast corner of said
Tract 2 and the northeast corner of said 99.52 acre tract same being in the west line of said Hy -Land North
Joint Venture, for the northeast Goner hereof;
THENCE along the common line of said 99.5.2 acre tract and said Hy -Land North Joint Venture tract.
S20°33'16"E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 101.91 acres of land
area, more -or Tess, within these metes and bounds.
This fieldnote description has been prepared in conjunction -with a digital survey drawing identified as Interstate Surveying, Inc., drawing
file 213321vIUD.dwg".
STATE OF TEXAS §
10\1OW ALL BY THESE PRESENTS
COUNTY OF WILLIAMMIS ON §
THAT I, BLAINE J. M[LLER, A REGIS 1'ERED
CERTIFY THAT THE ABOVE DESCRIPTION
IONIOWLET)GE AND BEI TFF AND THAT
DETERMINED BY A SURVEY MADE ON
SUPERVISION.
PROFESSIONAL LAND SURVEYOR, DO HEREBY
IS TRUE AND CORRECT TO THE BEST OF MY
THE PROPERTY DESCRIBED HEREIN WAS
THE GROUND UNDER MY DIRECTION AND
SSS MY RAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY,
TEXAS, THIS 24th DAY OF AUGUST, 2005 A.D.
BLAINE.MILLER, RP.L.S.
STA'T'E OF TEXAS N0.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas 78750
(FN 951-1000\FN-971)
EXHIBIT F
DISTRICT CONSENT RESOLUTION
A RESOLUTION GRANTING THE CONSENT OF THE CITY OF ROUND ROCK,
TEXAS, TO THE CREATION OF WALSH RANCH MUNICIPAL UTILITY DISTRICT
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 Walsh Ranch Municipal Utility District,
upon certain land located in the City's extraterritorial jurisdiction, a copy of which petition is
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 TH E CITY OF ROUND ROCK, TEXAS:
That the City Council of the City of Round Rock, Texas, gives its written consent to the
creation of a municipal utility district, proposed to be known as Walsh Ranch Municipal Utility
District, on the land described in the attached petition, being 99.52 acres of land, more fully
described by metes and bounds on Exhibit 2.
PASSED AND APPROVED on the day of 2005.
Mayor, City of Round Rock
ATTEST: APPROVED:
City Secretary City Attorney
EXHIBIT G
Terms of Wholesale Water and Wastewater Utility Services to MUD
1. The City will provide wholesale water and wastewater utility services to the
MUD, sufficient to serve the land within the MUD, for cost of service wholesale water and
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 provide potable water meeting the standards of the Texas Commissioner
on Environmental Quality for human consumption and other domestic uses, and will receive,
treat and dispose of all sewage generated by customers within the MUD. The City will maintain
an adequate water supply and adequate wastewater treatment capacity at all times to serve the
customers within the MUD at the same level these services are provided within the City. The
City may limit service to the MUD in the same manner and to the same extent that service is
limited inside the City limits If there is a water shortage, the supply of water to the MUD may
be reduced or diminished in the same proportions as water supply is reduced or diminished
within the City's corporate limits
3. All water delivered to the MUD will be measured by a master meter installed at
an agreed upon point of delivery. The MUD will be responsible for installation and maintenance
of the master metering equipment and related facilities that serve the MUD at its own expense,
and will calibrate its master meter every 12 months, or more frequently upon request of the City;
however, the cost of the calibration will be borne by the City if requested more frequently than
once every 12 months.
4. The MUD will impose and enforce, at a minimum, all conservation measures and
use restrictions imposed by the City on its own customers with the City.
5. Upon the payment of applicable City water and wastewater impact fees, the
MUD will have a guaranteed reservation and commitment of capacity in the City's water and
wastewater utility systems for the amount of capacity for which these fees have been paid.
2
DATE: October 7, 2005
SUBJECT: City Council Meeting - October 13, 2005
ITEM: 10.H.5. Consider a resolution authorizing the Mayor to execute a
Consent Agreement with Merion 100, L.P. consenting to the
creation of Walsh Ranch Municipal Utility District.
Department: Planning and Community Development Department
Staff Person: Tom Clark, Director of Utilities
Tom Martin, Director of Transportation Services
Jim Stendebach, Planning and Community Development Director
Steve Sheets, City Attorney
Justification:
The Walsh Ranch, located west of Behrens Ranch on Sam Bass Road has a preliminary
plat approved. However, the city cannot service this area because a landowner of a 100 -
foot wide strip of land between Behrens Ranch and Walsh Ranch will not agree to provide
the easements and Rights of Way to connect to City Services and extends Behrens
Ranch Parkway to Great Oaks Boulevard. Therefore, the developer has requested a MUD
to permit him to develop without requiring the city to condemn property.
Funding:
Cost: N/A
Source of funds:
N/A
Outside Resources: N/A
Background Information:
The following are the main provisions of the consent agreement:
1) The MUD would provide services to the 40 acre Middle School site which abuts the
development.
2) The approved Preliminary plat is attached as an exhibit.
3) The developer will donate 15 acres of parkland west of IH -35.
4) Developer will acquire the portions of Behrens Ranch Parkway required to extend
the road from Behrens Ranch to Great Oaks Blvd. and pay to extend the roadway.
5) MUD is solely responsible for any lift stations.
6) MUD will negotiate a Fire Protection agreement with the City.
7) All subdivision improvements will meet city standards.
8) City will provide wholesale water and wastewater services.
9) Developer will provide widening for Sam Bass Road and contribute $37,500 for
future traffic signals.
10) Developer or MUD will provide easements from Highland Joint Venture for a
second water line.
11) Development will pay City impact fees.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CONSENT AGREEMENT
BETWEEN
CITY OF ROUND ROCK, TEXAS
AND
MERION 100, L.P.
AND
WALSH RANCH MUNICIPAL UTILITY DISTRICT
z:\open fileslwaterstone development - file no. 1087\walsh ranch - no. 009\walsh ranch consent agrmnt jsh clean 100605.doc
R-ng-JO-13-IOH5
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 Merion 100, L.P., a Texas
limited partnership ("Developer"). Upon creation of Walsh Ranch Municipal Utility District
to be created under Chapters 49 and 54 of the Texas Water Code (the "District"), the District will
join in this Agreement and become a party to this Agreement.
INTRODUCTION
Developer owns 99.52 acres of land located within the extraterritorial jurisdiction
("ETJ") 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 preliminary subdivision plat
approved by the City attached as Exhibit B ("Preliminary Plan").
Developer intends to develop the Land as "Walsh Ranch," a master -planned, residential
community that will include park and recreational facilities to serve the community. The Land is
located within the City's ETJ, and is also located within the City's water and wastewater service
areas, and the City will provide water supply and wastewater treatment services to the Land on a
wholesale basis (with the District as the retail provider) as set forth herein. Because the Land
constitutes a significant development area that will be developed in phases under a master
development plan and will receive water supply and wastewater services through District on,
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. Developer and the City have previously entered into that
certain Development Agreement, dated August 11, 2005 with respect to the Land (the
"Development Agreement"). The Development Agreement sets forth certain rights, obligations,
terms and conditions regarding the development of 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.
2
City: The City of Round Rock, Texas, a home rule city located in Williamson County,
Texas.
City Manager: The City Manager of the City.
Preliminary Plan: The revised preliminary subdivision plat for the Land attached as
Exhibit B as submitted by Developer and approved by the City on July 13, 2005, as amended
from time to time in accordance with this Agreement.
County: Williamson County, Texas.
Developer: Merion 100, L.P., a Texas limited partnership, or its successors and assigns
under this Agreement.
District: Walsh Ranch Municipal Utility District, a political subdivision of the State of
Texas, to be created over the Land, with the consent of the City, as provided in this Agreement.
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 99.52 acres of land located in the City's ETJ, described by metes
and bounds on Exhibit A attached hereto.
LUE: The term LUE refers to a Living Unit Equivalent and shall mean a unit of
measurement used to facilitate the sizing of water and wastewater mains. One LUE is equal to
the amount of water consumed and the amount of wastewater produced as established in the
City's Design and Construction Standards.
MUD Boundaries: Approximately 101.91 acres of land in the City's ETJ, being the Land
and certain public right-of-way, described by metes and bounds on Exhibit C attached hereto.
District Utility Facilities: The off-site and on-site water and wastewater facilities
necessary to provide wholesale water and wastewater service to the Land. The District Utility
Facilities are specifically the following as shown on the utility plan attached hereto as Exhibit D
(the "Utility Plan"):
(i) The Proposed lift station to be located on Lot 52, Block E of the
Subdivision as shown on the Utility Plan (the "Lift Station");
(ii) The proposed 8" waste water force main from the Lift Station to the man
hole in Alexandrite Way at the intersection with Behrens Parkway as shown on the
Utility Plan (the "Force Main");
(iii) The proposed 8" waste water gravity line from the end of the Force Main
to the existing 24" Onion Branch Relief Main as shown on the Utility Plan (the "Gravity
Line"); and
(iv) The proposed 12" water line from the southeastern corner of the Land to
3
the existing 30" water line within a public utility easement as shown on the Utility Plan
(the "Water Line").
ARTICLE II
DEVELOPER'S COMMITMENTS TO THE CITY
Section 2.01 Dedication in Lieu of Master Development Fee. The City and the Developer
have entered into this Agreement for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and confessed. As part of the consideration for this Agreement,
Developer and the City agree that in lieu of the payment to the City of a Master Development
Fee the Developer agrees to make a dedication of parkland to the City, or cash payment in lieu
thereof, as more particularly set forth in Section 1.F of the Development Agreement.
Section 2.02 Developer's Transportation Obligations.
a. As additional consideration for this Agreement, Developer has agreed to dedicate
right-of-way for Sam Bass Road and to pay its pro rata share of a traffic signal for such road, as
more particularly set forth in the Section 1.B of the Development Agreement.
b. As additional consideration for this Agreement, Developer has agreed to
participate in the extension of Behren's Parkway, as more particularly set forth in Sections 1.0
and 1.M of the Development Agreement.
Section 2.03 District Utility Facilities.
a. As additional consideration for this Agreement, the District, or the Developer on
behalf of the District, will pay any and all costs associated with the design and construction of
the District Utility Facilities. The District Utility Facilities shall be conveyed at a future date to
the District, which may reimburse Developer for all reimbursable costs in connection with the
District Utility Facilities.
ARTICLE III
MASTER DEVELOPMENT PLAN
Section 3.01 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, excluding intensive livestock operations, or as open space land.
Section 3.02 Preliminary Plan; Exceptions. The City hereby confirms (i) its approval of the
Preliminary Plan effective July 13, 2005, and (ii) that the Preliminary Plan complies with the
City's General Plan, as amended. The City approves the land uses, densities, exceptions,
roadway alignments and sizings and other matters shown on the Preliminary Plan, and confirms
that the Preliminary Plan has been approved by all required City depailments, boards and
commissions.
Section 3.03 Development Review and Approval. The City agrees that Williamson County
will not have any responsibility for review and approval of construction plans, development
plans, and final subdivision plats within the Land, and that, the City shall be responsible for such
4
review and approval. The City agrees to amend its interlocal agreement with Williamson
County, to the extent such an amendment is reasonably necessary or appropriate, to delegatethe
authority for such approvals to the City. The City and Developer agree that all roadways within
the Land shall be reviewed, approved and constructed in accordance with City requirements. In
addition, the Developer agrees that the Land will be developed in accordance with all City
subdivision ordinance requirements which are applicable under Section 212.003, Texas Local
Government Code, subject to any modifications of such requirements provided by this
Agreement.
Section 3.04 Term of Approvals. The Preliminary Plan will be effective for the term of this
Agreement. Any final subdivision plat that is consistent with the Preliminary Plan, applicable
City ordinances and state law will be effective for the term of this Agreement.
Section 3.05 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 Preliminary
Plan may become desirable due to changes in market conditions or other factors. Minor
variations of final plat from the Preliminary Plan that do not increase the overall density of
development of the Land, as contemplated by the City's General Plan, will not require an
amendment to the Preliminary Plan. Minor changes to the Preliminary 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 be
approved administratively by the City's Director of Planning. Major changes to the Preliminary
Plan must be consistent with the terms of this Agreement and will be subject to review and
approval by the City.
ARTICLE IV
CREATION OF DISTRICT
Section 4.01 Consent to Creation of District. The City acknowledges receipt of Developer's
request attached hereto as Exhibit E, in accordance with Section 54.016, Texas Water Code and
Section 42.042, Texas Local Government Code, for creation of the District over the land within
the MUD Boundaries. On the Effective Date of this Agreement, the City has approved the
resolution attached as Exhibit F (the "Consent Resolution") consenting to the inclusion of the
land within the MUD Boundaries described in the Consent Resolution within the proposed
District. The City agrees that Exhibit F will constitute and evidence the City's consent to the
creation of the District within its extraterritorial jurisdiction. No further action will be required
on the part of the City to evidence its consent; however, the City agrees to provide any additional
confirmation of its consent that may be required by the Developer or the District if requested to
do so, including without limitation executing the consent resolution attached as Exhibit F for the
District if required by the Texas Commission on Environmental Quality ("TCEQ").
Section 4.02 Street Lighting. Developer, or an electric utility, will construct all required street
lighting within the boundaries of the District, and the District will be required to operate and
maintain the street lighting within its boundaries.
5
Section 4.03 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 TCEQ 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 to be submitted with 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 Preliminary Plan, and will zone all developed property consistently with the land uses in
existence on the date of the annexation.
Section 4.04 Consent to Certain Out -of -District Service. The Cityhereby consents to the
provision of retail water and wastewater service by the District to the School Site (as hereinafter
defined) notwithstanding the fact that the School Site is located outside of the MUD Boundaries;
provided that, however, the foregoing consent shall only apply to the extent that the School Site
is used as a school for educational uses. The City further agrees to provide any additional
confirmation of its consent to such out -of -district that may be required by the Developer or the
District if requested to do so.
ARTICLE V
IMPACT FEES, RESERVATION OF CAPACITY
AND EXPANSION OF THE CITY'S WATER
AND WASTEWATER SYSTEMS
Section 5.01 Construction of Off -Site Water and Wastewater Facilities. The City shall
provide water and wastewater services to the Land and to the property owned by the Round Rock
Independent School District ("RRISD") adjacent to the Land (the "School Site") in accordance
with the terms of this Agreement and the terms of the Wholesale Water and Wastewater
Agreement being executed by the parties contemporaneously herewith.
a. The District, or the Developer on behalf of the District, will construct (or cause to
be constructed) the District Utility Facilities. The City agrees to reserve capacity in the District
Utility Facilities to provide water and waste water service to the Land and the School Site at the
levels of development shown in the Preliminary Plan and the approved site plan for the School
Site. The Developer will convey the District Utility Facilities once constructed to the District,
and the District will then convey the District Utility Facilities to the City for ownership,
operation and maintenance, subject to (i) the reservation of sufficient capacity in the District
Utility Facilities for provision of water and waste water service to the Land and School Site as
provided herein, and (ii) the Developer's right to reimbursement from the District for the cost of
the District's reserved capacity. Construction of some of the District Utility Facilities
commenced before the Effective Date of this Agreement, and the parties hereto agree that all of
such facilities are facilities that benefit the District and that Developer shall be reimbursed by the
District for its costs incurred to construct such facilities.
6
Section 5.02 Impact Fees and Reserved Capacity. The City agrees that, upon construction of
the Developer Utility Facilities, it has and will maintain the ability to provide water and
wastewater service as required for the development within the Land and the School Site
sufficient to meet the minimum requirements of the TCEQ, not to exceed 335 total LUEs of
water service (being 92 LUEs for the School Site, 238 LUEs for the residential lots within the
Land, and 5 LUEs for the proposed amenity center within the Land) and 331 total LUEs of
wastewater service (being 92 LUEs for the School Site, 238 LUEs for the residential lots within
the Land, and 1 LUE for the proposed amenity center within the Land). The District, or the
Developer on behalf of the District, shall collect the City impact fees pursuant to the City's then
effective order or regulations from homebuilders seeking to construct homes on the residential
lots within the Land and shall pay to the City monthly such collected impact fees. Upon payment
of the City impact fee the District shall have adequate water and wastewater capacity in the
City's water and wastewater system for the amount of service for which the impact fees are
collected and the City agrees to reserve capacity in the City's utility system for the District in an
amount equal to the number of LUEs for which such .impact fees have been paid, not to exceed
335 total LUEs of water service (being 92 LUEs for the School Site, 238 LUEs for the residential
lots within the Land, and 5 LUEs for the proposed amenity center within the Land) and 331 total
LUEs of wastewater service(being 92 LUEs for the School Site, 238 LUEs for the residential lots
within the Land, and 1 LUE for the proposed amenity center within the Land). It is agreed that
the impact fees specified in this paragraph shall be paid by or on behalf of the District to the City
as consideration for the rights granted to the District in the present and future capacity of the
City's water and wastewater system and for the City's agreement to furnish, and make
improvements necessary to furnish, the water and wastewater collection and treatment within the
Land in a timely manner to serve developments within the Land.
Notwithstanding the foregoing, the City's policy with respect to platting is to confirm that
water and wastewater service capacity is available at the time of preliminary plat approval, and
to assign capacity at the time of final plat approval. Accordingly, the City hereby confirms that
water and wastewater service capacity is available to the Land and the School Site as the
Preliminary Plan has been approved. Upon approval of any final plats for the Land, such
capacity shall be assigned to the portions of the Land contained in such plat.
Section 5.03 Expansion of the City System. Other than the Developer Utility Facilities, the
City agrees to proceed, at its sole cost and expense, to operate, maintain, repair, relocate,
improve, enlarge and replace, as necessary and appropriate, the City's water and wastewater
system in a timely manner, and in compliance with all regulatory requirements, so that it can
supply adequate and continuous wholesale water and wastewater service within the Land and to
the School Site, at the levels of service shown on the Preliminary Plan and the approved site plan
for the School Site, pursuant to the terms of this Agreement without moratorium or delay, subject
to force majeure.
ARTICLE VI
ON-SITE UTILITY FACILITIES
Section 6.01 Construction of Internal Facilities. The District, or the Developer on behalf
of the District, will construct. (or cause to be constructed) all internal utility facilities that are
necessary to serve the land within the District and the School Site including the water system,
including all piping, valves, and hydrants within designated easements or rights of way up to the
7
customer side of the meter; and the wastewater system, including all piping, manholes, and lift
stations located on District property or within designated easements or rights of way up to the
point of service entry by a single customer. These internal facilities will be designed and
constructed in accordance with the applicable ordinances, rules and regulations of the City and
any other governmental agency with jurisdiction.
Section 6.02 Ownership, Operation and Maintenance of Internal Facilities. The Developer
will convey the internal utility facilities once constructed to the District for operation and
maintenance, and upon receiving reimbursement from bond proceeds, will convey ownership of
such facilities to the District.
ARTICLE VII
CITY SERVICES AND OTHER 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 Developer's drainage plan is subject to City review and
approval, which will be not unreasonably withheld or delayed. 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.
Section 7.03 Fire Protection Services. The Developer and the City agree to negotiate a fire
plan, for presentation to the District, under which the 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 TCEQ and the voters within the District, and approval
will be subject to confirmation that the District is not included within the service area of an
existing emergency services district. The District and Developer acknowledge that any fire
protection plan must be approved by the City Council.
Section 7.04 Wholesale Water and Wastewater Utility Services. The City agrees to enter
into a wholesale water and wastewater utility services agreement with the District on the terms
set forth in Exhibit G. This utility services agreement will include any other standard terms
contained in City wholesale water and wastewater contracts that are not in conflict with the terms
of Exhibit G. The District will provide retail water and wastewater services within the MUD
Boundaries and to the School Site.
ARTICLE VIH
PARK AND RECREATIONAL AMENITIES
Section 8.01 Improvements. Any playground equipment constructed by Developer will meet
consumer product safety standards.
8
ARTICLE IX
AUTHORITY AND VESTING OF RIGHTS
Section 9.01 Authority. This Agreement and Development Agreement are entered into, in
part, under the statutory authority of Section 54.016 of the Texas Water Code and Sections
42.042, 212.172, and 402.014 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 Preliminary Plan submitted by Developer and approved
on July 13, 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 and the Development Agreement. It is the intent of the City and Developer that these
vested development rights include the character of land uses, the number of units, the general
location of roadways, the design standards for streets and roadways, and development of the
Land in accordance with the standards and criteria set forth in this Agreement, the Development
Agreement and applicable City ordinances in existence on July 13, 2005, subject to any
exceptions explicitly set forth in this Agreement or the Development Agreement.
Section 9.03 Landowner's Right to Continue Development. In consideration of Developer's
agreements hereunder, the City agrees that it will not, during the term of this Agreement, impose
or attempt to impose: (a) any moratorium on building or development within the Land or (b) any
land use or development regulation that limits the rate or timing of land use approvals, to the
extent applicable, whether affecting preliminary plats, final plats, site plans, building permits,
certificates of occupancy or other necessary approvals, within the Land. The preceding sentence
does not apply to temporary moratoriums uniformly imposed throughout the City due to an
emergency constituting imminent threat to the public health or safety, provided that such a
moratorium will continue only during the duration of the emergency.
ARTICLE X
ADOPTION AND PERFORMANCE OF AGREEMENT BY DISTIRCT
Section 10.01 Adoption of this Agreement by District. The Developer agrees to use its best
efforts to assure that, after the District is created, the Board of Directors of the District shall
approve, ratify and confirm this Agreement and accept and agree to comply with all the terms
and provisions of this Agreement, to be evidenced by the signing of this Agreement by and on
behalf of the District.
The obligations of the District under this Agreement, whether for payment, construction
of facilities, or otherwise, may be performed on behalf of the District by Developer or
9
subsequent developers, pursuant to a contract or contracts between Developer or subsequent
developers and the District.
Section 10.02 District as Third -Party Beneficiary. The parties hereto agree that the District is
a third -party beneficiary of the terms and provisions of this Agreement. When the District
ratifies, affirms and accepts the benefits and agrees to the terms, conditions and requirements of
this Agreement, as provided in 12.09 above, the City, the District, and the Developer may each
and all mutually insist on and enforce compliance by the other parties with the terms, conditions
and requirements of this Agreement.
Section 10.03 Developer's Rights and Obligations Prior to Acceptance by. Districts. Until
this Agreement is accepted and signed by the District, as provided in Section 10.01 above, the
Developer shall perform all of the Districts' obligations, and shall be entitled to receive all of the
Districts' benefits pursuant to this Agreement.
ARTICLE XI
BOND REIMBURSEMENT, SEVERABILITY AND MODIFICATION
OF CONTRACT
Section 11.01 General Statement. The City agrees the District may issue bonds and notes for
any lawful purpose. The District will issue bonds only for the purposes authorized by law,
including but not limited to, purchasing, designing and constructing, or purchasing, designing
and constructing or otherwise acquiring waterworks systems, sanitary sewer systems, storm
sewer systems, drainage facilities, water quality facilities, recreational facilities and amenities,
and such other improvements or facilities as allowed by law, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements, extensions,
additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way,
easements, sites, equipment, buildings, plants, structures, and facilities therefore, and to operate
and maintain same, and to sell water, sanitary sewer, and other services within or without the
boundaries of the District. Such bonds must provide that the District reserves the right to redeem
said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of the date
of issuance without premium, and none of such bonds, other than refunding bonds, will be sold
for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into
account any discount or premium as well as the interest rate reported by the Daily Bond Buyer in
its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of
such bonds. The District resolution authorizing the issuance of the District's bonds will contain
a provision that the pledge of any revenues from the operation of the District's water, sewer,
drainage, water quality, and/or recreational and amenity system to the payment of the District's
bonds will terminate when and if the City annexes the District, takes over the assets of the
District and assumes all of the obligations of the District.
Section 11.02 Bond Reimbursement. The District reserves the right, and shall have the right,
to reimburse persons or entities who pay to secure capacity in the City's water and wastewater
system including impact fees and payments for construction and acquisition of all facilities
provided for in this Agreement, from the proceeds of bonds issued by the District, up to and
including the maximum amount permitted by the rules of the TCEQ.
10
Section 11.03 Enforceability and Modification of Contract. In the event that the TCEQ or its
successor, or the Attorney General of Texas, or any court of competent jurisdiction determines
that any provision of this Agreement is beyond the scope of the Texas Water Code, or reduces
the ability of the District to issue bonds to pay for its expenses in connection with the water and
wastewater service made the subjectof this Agreement, the City and the District agree to
immediately amend this agreement to conform to such ruling or decision.
ARTICLE XII
TERM, ASSIGNMENT AND REMEDIES
Section 12.01 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.
Section12.02 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
and Developer and, following creation of the District, the District, or 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.
Section 12.03 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, conditioned 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.
Section12.04 Remedies.
a. If the City defaults under this Agreement, Developer may enforce this Agreement
by seeking 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
11
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 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 12.05 Cooperation.
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 the 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 XIII
MISCELLANEOUS PROVISIONS
Section 13.01 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 facsimile with 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
12
With Required Copy to: Steve Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
Developer:
Merion 100, Ltd.
c/o Waterstone Development Group
4314 West Braker Lane, Suite 250
Austin, Texas 78759
Attention: Robert D. Wunsch
Telephone: (512) 381-1280
Facsimile: (512) 381-1282
With Required Copy to: McLean and Howard, L.L.P.
1004 Mopac Circle, Suite 100
Austin, Texas 78746
Attention: Jeffrey S. Howard
Telephone: (512) 328-2008
Facsimile- (512) 328-2409
The parties may change their respective addresses to any other address within the United States
of America by giving at least 5 days' written notice to the other party. Developer may, by giving
at least 5 days' written notice to the City, designate additional parties to receive copies of notices
under this Agreement.
Section 13.02 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 13.03 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 13.04 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, except the Development
Agreement, between the parties concerning the subject matter.
Section 13.05 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
13
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 13.06 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 13.07 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 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 13.08 Exhibits. The following exhibits are attached to this Agreement, and made a part
hereof for all purposes:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G
Metes and Bounds Description of the Land
Preliminary Plan
MUD Boundaries
Utility Plan Showing Developer Utility Facilities
Petition for Consent to the Creation of a Municipal Utility District
Consent Resolution
Terms of Wholesale Utility Agreement
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
dates indicated below.
[signature page to follow]
14
ATTEST:
By:
Name:
Title: Secretary
15
CITY OF ROUND ROC
By:
Pri =Tame: AJ L6 riA110 W
T 1- Mayor
Date: ) D-13-05
MERION 100, L.P., a Texas limited
partnership
By: RJR Bandon Dunes Company, LLC
a Texas limited liability company,
its General Partner
By:Gam✓ L- , f
Printed Name: rev . /. 0, W 144t-54‘
Title: 1?t r sc c1- •,,tet
DATE: 9 /6"16.5
WALSH RANCH MUNICIPAL UTILITY
DISTRICT
By:
Name:
Title: President
Title: Secretary
15
CITY OF ROUND ROCK
By:
Printam ' N
�< y LE m Px wGu.
Tit . Mayor
Date: ) 0- )3-O5
MERION 100, L.P., a Texas limited
partnership
By: R/R Bandon Dunes Company, LLC
a Texas limited liability company,
its General Partner
By: �`� y�-✓/�,����
Printed Name: !?„ b ty . L) �; ,� S k
Title: 'r e 4t-
DATE: a/ /6
WALSH RANCH MUNICIPAL UTILITY
DISTRICT
By:
Name:
Title: President
EXHIBIT A
[METES AND BOUNDS DESCRIPTION OF THE LAND]
16
99.52 ACRES EXHIBIT
JAMES GARLAND WALSH, JR.,
DESCRIPTION
FN NO 946
November 24, 2004
JOB NO. 213-32.54
OF A 99.S2 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF '1`H F,
WILLIAM ICENCAJD SURVEY, ABSTRACT NO. 374 AND THE EPHA M EVA1 S
SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION O1` THE 1848.03 ACRE TRACT CONVEYED TO SANIES
GARLAND WALSH, RECORDED IN VOLUME 420, PAGE 538, DEED RECORDS OF
WII.,LIAMSON COUNTY, 'TEXAS, AND A PORTION OF TECE FORTY-SIX AND ONE-
RALF.PERCENT INTEREST IN THE 166.48 ACRE TRACT CO 1 EED TO JAMES
GARLAND WALSH, JR., RECORDED IN DOCUMENT NO. 9548005, OF TH H;
OFFICIAL RECORDS OF'WILLIA..MSON COUNTY, 'SLXAS, AND A "PORTION OF
THE FORTY-SIX AND ONE -ALF PERCENT INTEREST IN 'JJ±E 166.48 ACRE
TRACT CONVEYED TO AVONIA ELIZA.BEIII 3 -ARMS, RECORDED IN
DOCUMENT 140. 9508006, 01? TBJ OFFICIAL RECORDS OF WIT TaAmsckN.
COUNTY, TEXAS AND A . PORTION OF THE ONE AND ONE-HALF PERCENT
INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES GARLAND
WALSH, JR., RECORDED IN DOCU.NIENT NO. 9618420 OF 'T.L E OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE ONE
AND ONE-HALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED
TO AVONIA ELIZABETH JAECICS, RECORDED IN DOCUMENT NO. 9618421, _OF
THE OITICLA L RECORDS OF WIT J DAMSON COUNTY, TJ X.AS, SAID 9932 ACRE
TRACT BEING ALL OF TRACT A, TRACT B AND TRACT C BEING MORE
PAItTICuALARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT A
BEGINNING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract and
an ell corner of a 474.91 acre tract conveyed to Hy -Land North Joint Venture, recorded in
Volume 639, Page 693, Deed Records of Williamson County, Texas, same being in the north line
of County Road 175 (Sam Bass Road), for the southeast corner hereof,
THENCE, along the south line of said 166.48 acre tract and the north line of County Road 175,
the following seven (7) courses and distances:
1) S87°05'32"W. a distance of 104.58 feet to a 1/2 inch iron rod found for an angle point
hereof; .
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found for an angle point
hereof,
3) S8B°15'45"W, a distance of 519.78 feet to a 1/2 inch iron rod found for an angle point
hereof,
4) N89°08'50"W, a distance of 695.48 feet to a 112 inch iron rod with plastic surveyor's' cap
(INTERSTATE SURVEYING, INC.) .set for an angle point hereo f
FN 946
PAGE TWO
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap
' (INTERSTATE SURVEYII' G, INC.) set for an angle point hereof,
6) 1153°14' 50"W, a distance of 44.64 feet to a calculated point for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,. INC.) set for an angle point hereof,
THENCE, leaving the north line of County Road 175, through said 166.48 acre tract, along the
east and north line of aproposed 40.41 acre tract, the following six (6) courses and distances.
1) N22°40'37"E, a distance of 1180.78 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for a point of curvature hereof,
2) along a curve -to the left, having a radius of 800 feet, a delta angle_ of 08°58'13", a chord
distance of 125.12 feet (chord bears N18°11'30"E), an arc distance of 125.25 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for an
angle point hereof,
3) along a curve to the, sight, having a radius of 808.00 feet, a delta angle of 08°01'54", a
chord distance of 112.05 feet (chord bears N71°20'20"W), an arc distance of 112.14 feet to
a 1/2 inch iron rod with plastic surveyor's cap (INTER.ST.ATE SURVEYING, INC.) set for
a point of tangency hereof;
4) N67°19'23"W, a distance of 560.04 feet to a 1/2 inch iron rod with pl tic surveyor's cap
(INTERSTATE SURVEYING-, INC.) set for a point of curvature hereof;
5) along a curve to the left, having a radius of 800.00 feet, a delta angle of 43°43'1I", a chord
distance of 595.74 feet (chord bears N89°10'58"W), an .arc distance of' 610.44 feet to a 112
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set for a
point of tangency hereof; and
6) S68°57'26"W, a distance of 585.22 feet to a 1/2 inch iron rod with plastic surveyor's cap
. (INTERSTATE SURVEYING, INC.) set in the west line of Tract 1 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No_ 200401907, of the
Official Public Records of Williamson County, Texas, for an ell corner hereof
THENLE, through the said 166.48 acre tract, along the west line of said Tract 1, N19°37'57" W,
a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap (1N'TERSTA:1E
SURVEYING, INC.) set for the southwest corner of Tract 2 of said Brushy Creek Municipal
Utility District deed, for the northwest corner hereof; .
THENCE, through the said 166.48 acre tract, along the south line of said Tract 2, N69°28'27"E,
a distance of 2286.14 feet to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of said 1'66.48 acre tract and a west line of said 474.91
acre tract, for the northeast corner hereof;
c
FN946
PAGE THREE
• THENCE, along the east line of said 166.48 acre tract and a west line of said 474.91 acre tract,
S20°33'167E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 139.934
- acres of land area, more or less, within these metes and bounds.
TRACT B
COMMENCING, at a 1/2 inch iron rod found at the southeast comer of said 166.48 acre tract,
and a southwest corner of a 474.91 acre tract conveyed to HY-LAND North Joint Venture, in
Volume 639, Page. 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd. 175);
THENCE, through said 166.48 acre tract, N85°49'01"W, a distance of 1688.54 feet to a 1/2 inch
iron rod with plastic surveyor's cap (Ilh7TERSTAI.'� SURVEYING, INC.) set for the POINT OF
BEGINNING hereof;
THENCE, through said 166.48 acre tract the following five (5) courses and distances:
1) along a curve to the right, having a radius of 25.00 feet, a delta angle of 84°18'47.", a chord
distance of 33.56 feet (chord bears S64°49'58"W), an aro distance of 36.79 feet to a 1/2
inch iron rod with plastic surveyor's cap ONIERSTA.TE SURVEYING, INC.) set of'
reverse curvature hereof;
2) along a curve to the left, having a radius of 940.00 feet, a delta angle of Ol°40' 51", a chord
distance of 27.58 feet (chord bears N72°10' 16"W), an arc distance of 27.58 feet to a 1/2
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set, for an
angle point hereof;
3) N22°40'37'E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap
. (]NTERSTATE SURVEYING, INC.) set., for an ell corner hereof,
4) S67°19'23"E, ,a distance of 50.00 feet to a 1/2 inch' iron rod with plastic surveyor's cap
(l TERSTATE SURVE'STTG, INC.) set, for an ell corner hereof; and
5) S22°40'37'W, a distance of 26.59 feet to the POINT OF BEGINNING, containing 0.06
acres (2476 square feet) of land area, more or less, within these metes and bounds.
TRACT C
COMMENCING, at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract,
and a southwest corner of a 474.91 acre tract conveyed to HY LAND North Joint Venture, in
Volume 639, Page 693, of the Deed Records of Williamson County, Texas, same being in the
north line of Sam Bass Road (County Rd. 175);
THENCE, along the common line of said 166,48 acre tract and said 474.91 acre tract,
N20°33'16"W, a distance of 3150.32 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the southeast corner of Tract 2 conveyed to Brushy
Creek Municipal Utility District, by deed recorded in Document No, 200401907, of the Official
FN 946
PAGE FOUL
Public Records of Williamson County, Texas, for an ell corner hereof;
THENCE, through said 166.48 acre tract, along the south line of said Tract 2, S69°28'27"W, a
distance of 2286.14 feet to a. 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVEYING, INC.) set in the east line of Tract 1 of said Brushy Creek Municipal 'Utility Disilict
deed; for an ell corner hereof
THENCE, through said 166.48 acre tract, along the east line of said Tract 1, S19°37257"E, a
distance of 920.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (NTERST.A ,
SURVEYING, INC.) set for the POINT OF I3EGJ NTNG, for the northwest corner hereof;
THENCE, through said 166.48 acre tract the following three (3) courses and distances:
1) N68°67'26"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING, INC.) set for the northeast corner hereof,
2) E19°37'57"E, a distance of 25.01 feet to a 1/2 inch iron rod. with plastic surveyor's cap
(INTERSTATE SURVEYING-, INC.) set for the southeast corner hereof; and
3) S68°57'26"W, a distance of 25.01 feet to a* 1/2 inch iron rod with plastic surveyor's cap
(INTER.STATE SURVEYING, INC.) set in the east line of said Tract 1 for the southwest
. .corner hereof;
THENCE, through said 166.48 acre tract, along the east line of said Tract 1,119°3.7'57"W, a
distance of 25.01 feet to the POINTY OF BEGINNING, containing 0.01 acres (625 square feet)
of land area, more or less, within these metes and bounds.
Tract A (99.45 acres) with Tract B.(0.06 acres) and Tract C (0.01 acres) contains 99.52 acres
(4,332,167 square feet) of land area, more or less, within these metes and bounds.
STATE OF TEXAS
I'OW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
THAT I, BLAINE 3.MILLER, A. REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE .AND BELTRF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY- DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLI AMSON COUNTY, TEXAS THIS 24th DAY OF
NOVEMBER,.2004 A.D.
B�� 3. LER,R.P.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740R HWY•183, BLDG. L-4
Austin, Texas 78750 (FN 901-9501PN-946)
EXHIBIT B
[PRELIMINARY PLAN]
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WATERSTONE DEVELOPMENT
4314 WEST BRAKER LANE
SUITE 250
AUSTIN, TX 78759
PH: (512) 381-1280 FAX: (512) 381-1282
WALSH RANCH
PRELIMINARY PLAT
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Silk COOK-STEINMAN & ASSOCIATES. INC..
Consulting Engineers and Land Planning
Austin, Texas Tel (512) 454-8777 Fax (512) 454-2999
Date: 10-08-04
Drawn by: J.A.H.
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File: 20029PRE_PLAT
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Project No.. 200-29.20
WATERSTONE DEVELOPMENT
4314 WEST BRAKER LANE
SUITE 250
AUSTIN, TX 78759
PH: (512) 381-1280 FAX: (512) 381-1282
WALSH RANCH
PRELIMINARY PLAT
rfpg,
baba ' s��11
)
Silk COOK-STEINMAN & ASSOCIATES. INC..
Consulting Engineers and Land Planning
Austin, Texas Tel (512) 454-8777 Fax (512) 454-2999
EXHIBIT C
MUD BOUNDARIES
101.91 ACRES
M.U.D. TRACT
EXHIBIT
DESCRIPTION
FN NO 971
AUGUST 24, 2005
JOB NO. 213-32.61
OF A 101.91 ACRE TRACT OF LAND OUT OF AND PART OF THE WILLIAM KINCAID
SURVEY, ABSTRACT NO. 374, AND THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE TRACT OR PARCEL OF
LAND BEING A 99.52 ACRE TRACT CONVEYED TO MERION 100, L.P., RECORDED IN
DOCUMENT NO. 200409314 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND A 2.39 ACRE PORTION OF A 3.80 ACRE TRACT CONVEYED TO
WILLIAMSON COUNTY, TEXAS, RECORDED IN DOCUMENT NO. 2005063737, OF TRE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said 99.52 acre tract, and a southwest
corner of a 474.91 acre tract conveyed to Hy -Land North Joint-Tenture, in Volume 639, Page 693, of the
Deed Records of Williamson County, Texas, same being in the north line of Sam Bass Road (county rd. 175);
THENCE along the south line of said 99.52 acre tract and the north line of Sam Bass Road, the following
seven (7) courses and distances:
1) S87°05'32"W, a distance of 104.58 feet to a 18 inch live oak tree, for an angle point hereof;
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found, for an angle point hereof;
3) S88°15'45"W, a distance of 519.78 feet to a 1/2 inch iron rod found, for an angle point hereof;
4) N89°08'50"W, a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, inr.) Found, for an angle point hereof;
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof;
6) N53°14'50"W, a distance of 44.64 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a calculated point for the southeast comer of said 40.41 acre
tract, and a point on line hereof;
THENCE leaving the south line of said 99.52 acre tract, along the south 1inr of said 3.80 acre tract and the
north line of said Sam Bass Road, N71°30'50"W, a distance of 82.72 feet to a calculated point for an angle
point hereof,
THENCE leaving the north line of Sam Bass Road through said 3.80 acre tract, N22°40'37"E, a distance of
41.28 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found, for the
southwest corner of a 0.06 portion of said 99.52 acre tract, for a point on line hereof;
THENCE along the common line of said 0.06 acre tract and said 40.41 acre tract, the following two (2)
courses and distances:
1) N22°40'37"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell comer hereof; and
FN 971
. PAGE TWO
2) S67°19'23"E, a distance of 50.00 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found in the common line of said 3.80 acre tract and said 40.41 acre tract for an ell
corner hereof;
THENCE leaving the common line of said 0.06 acre tract and said 40.41 acre tract and along the common
line of said 3.80 acre tract and said 40.41 acre tract the following seven (7) courses and distances:
1) N22°40137"E, a distance of 1091.75 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) set for a point of curvature hereof;
2) along a curve to the left, having a radius of 767.50 feet, a delta angle of 04°45'32", a chord distance of
63,73 feet (chord bears N20017151"E), an arc distance of 63.75 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point of compound curvature hereof;
3) along a curve to the left, having a radius of 25.00 feet, a delta angle of 89°21'14", a chord distance of
35.16 feet (chord bears N26°45'32"W), an arc distance of 38.99 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point. of reverse curvature hereof,
4) along a curve to the right, having a radius of 832.50 feet, a delta angle of 04°06'46", a chord distance
of 59.75 feet (chord bears N69°22'47"W), an arc distance of 59.76 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof;
5) N67°19'23"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap (interstate
Surveying, Inc.) set for a point of curvature hereof;
6) along a curve to the left, having a radius of 767.50 feet, a delta angle of 43°43'11", a chord distance of
571.54 feet (chord bears N89°10158"W), an arc distance of 585.64 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof; and
7) S68°57'26"W, a distance of 561.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found at an ell corner of said 40.41 acre tract, for an ell corner hereof;
THENCE leaving the common line of said 3.80 acre tract and said 40.41 acre tract, along the common line
of said 40.41 acre tract and said 99.52 acre tract, the following two (2) courses and distances:
1) S19°37'56"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell comer hereof; and
2) S68°5726"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found in the east line of said tract i and an ell corner of said 99.52 acre tract and said
40.41 acre tract, for an ell comer hereof;
THENCE leaving the west line of said 40.41 acre tract, along the common line of said 99.52 acre tract and
Tract 1, conveyed to Brushy Creek Municipal Utility District, recorded in Document No. 2004019077, of the
Official Public Records of Williamson County, Texas, N19°37'57"W, a distance of 25.01 feet to a 1/2 inch
iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found for an ell comer of said 3.80 acre tract,
and a point on line hereof;
THENCE leaving the west line of said 99.52 acre tract, along the west line of said 3.80 acre tract and the
east Iine of said Tract 1, N19°37'57"W, a distance of 32.51 feet to a 1/2 inch iron rod with plastic surveyor's
cap (Interstate Surveying, Inc.) found for the northwest comer of said 3.80 acre tract and an ell corner of said
99.52 acre tract, for a point on line hereof;
FN 971
Page THREE
THENCE leaving the west line of said 3.80 acre tract, along the common line of said 99.52 acre tract and
said Tract 1, N19°37'57"W, a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap
(Interstate Surveying, Inc.) found for the northwest corner of said 99.52 acre tract and the southwest corner of
Tract 2, conveyed to Brushy Creek Municipal Utility District, recorded in Document No. 20040 19077, of the
Official Public Records of Williamson County, Texas, for the northwest corner hereof;
THENCE leaving the east line of said Tract 1, along the common line of said Tract 2 and said 99.52 acre
tract, N69°28'27"E, a distance of 2286.14 feet to a 1/2 inch iron rod found at the southeast corner of said
Tract 2 and the northeast corner of said 99.52 acre tract same being in the west line of said Hy -Land North
Joint 'Venture, for the northeast coner hereof;
THENCE along the common line of said 99.52 acre tract and said Hy -Land North Joint Venture tract,
S20°33'16"E, a distance of 3150.32 feet to the POINT OF BEGINNING, containing 101.91 acres of land.
area, more.or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc., drawing
file "21332IvIUD.dwg".
STATE OF TEXAS §
ITOW ALL BY THESE PRESENTS §
COUNTY OF WILLIAMSON §
THAT I, BLAINE J. MILLER, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS 'TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY,
TEXAS, THIS 24th DAY OF AUGUST, 2005 A.D.
-Q4A)
BLAINE J'MILLER, RP.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740 N. HWY 183, BLDG. L-4
Austin, Texas 78750
(FN 951-1000\FN-971)
IN fia>J tT H MILLER
EXHIBIT D
UTILITY PLAN
2
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Bo. 07-19-05
Breen 8y: 2.8.5.
Flc 20229071
AD6
4t 0020798. 20025E80.
Project No.: 200-29.20 J
WATERSTONE DEVELOPMENT
4310 WEST BRAKER LANE
SUITE 250
AUSTIN, T% 78150
P14 (512) 391-1280 FAX: (512) 381-1282
WALSH RANCH
REVISED WATER, WASTEWATER
& DRAINAGE SCHEMATIC
,CSA COOS—STEEJMAN k ASSOCIATES. INC.
Consulting Engineers and Land Planning
Austin. Tena Tel (612) 454-977? 06: (512) 451-2901
EXHIBIT E
PETITION FOR CONSENT TO CREATION OF A MUNICIPAL UTILITY DISTRICT
CERTIFICATE OF RECEIPT PETITION FOR
CONSENT TO THE CREATION OF
A MUNICIPAL UTILITY DISTRICT
The undersigned, the duly qualified and acting City Secretary of the City of Round Rock,
Texas hereby certifies that I have received and executed copy of a Petition for Consent to
Creation of Municipal Utility District relating to the proposed Walsh Ranch Municipal Utility
District.
57
WITNESS MY HAND and the seal of the City of Round Rock this 1 f day of
. , 2005.
City of Round Rock, Texas
PETITION FOR CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
IN THE MATTER OF WALSH RANCH
MUNICIPAL UTILITY DISTRICT
WILLIAMSON COUNTY, TEXAS
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND
ROCK, 'TEXAS:
The undersigned (the "Petitioner"), holding title to the land described below and acting
pursuant to the provisions of Chapter 49 and 54, Texas Water Code and Section 42.042, Local
Government Code, respectfully petitions the City Council of the City of Round Rock, Texas, for
its written consent to the creation of a municipal utility district over the following—described land
and, in support thereat: would show the following.
I.
The name of the proposed district is WALSH RANCH MUNICIPAL UTILITY
DISTRICT (the "District").
I1.
The District will be created and organized under the teiuis and provisions of Article XVI,
Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code.
III
The District will contain a total of approximately 101.91 acres of land, more or less,
situated in Williamson County, Texas out of which the undersigned owns approximately 99.52
acres. All of the land proposed to be included in the District is located within the extrateiiitorial
jurisdiction of the City of Round Rock, Texas (the "City"). All of the land proposed to be
1
included within the District is described by metes and bounds on Exhibit "A" which is attached
hereto and incorporated herein for all purposes.
IV.
Petitioner holds title to land proposed to be included within the District and is the owner
of a majority in value of the holders of title of the land within the proposed district as indicated
by the tax rolls of Williamson County, Texas.
V.
The general nature of the work to be done by the District at the present time is the design,
construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system
for domestic and commercial purposes, and the construction, acquisition, improvement,
extension, maintenance and operation of works, improvements, facilities, plants, equipment and
appliances helpful or necessary to provide more adequate drainage for the District, and to
control, abate and amend local stoun waters or other harmful excesses of waters, and such other
construction, acquisition, improvement, maintenance and operation of such additional facilities,
systems, plants and enterprises (including recreational and park facilities) as shall be consonant
with all of the purposes for which the Disliict is created.
VI.
There is a necessity for the above-described work, because there is not now available
within the area, which will be developed for single family residential uses, an adequate
waterworks system, sanitary sewer system, or drainage and stout' sewer system. The health and
welfare of the present and future inhabitants of the area and of the territories adjacent thereto
require the purchase, design, construction, acquisition, ownership, operation, repair,
improvement and extension of an adequate waterworks system, sanitary sewer system, and
2
drainage and stouu sewer system. A public necessity, therefore, exists for the creation of the
District, to provide for the purchase, design, construction, acquisition, ownership, operation,
repair, improvement and extension of such waterworks system, sanitary sewer system, and
drainage and storm sewer system, to promote the purity and sanitary condition of the State's
waters and the public health and welfare of the community.
VII.
. A preliminary investigation has been made to determine the cost of the proposed
District's project, and it is now estimated by the Petitioner, from such information as it has at this
time, that such cost will be approximately $9,670,000.00.
WHEREFORE, Petitioner prays that this petition be heard and that the governing body of
the City duly pass and approve an ordinance or resolution granting consent to the creation of the
District and authorizing the inclusion of the land described herein within. the District.
RESPECTFULLY SUBMI'1 TED this / day of , 2005.
PETITIONER:
MERTON 100, L.P.
a Texas limited paituership
By: RR/ Bandon Dunes Company, L.L.C.
a Texas limited liability company, its
General P er •
By: 74Zt.._.
Robert D. Wunsch, President
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on c`Y 4-b-Ov / 1PO05 by
Robert D. Wunsch, President of RR/Bandon Dunes Company, L.L.C., a Texas limited liability
company, General Partner, on behalf of Merton 100, L.P., a Texas limited partnership.
(SEAL) .
C,L�e
NOTARY PUBLI. , STATE OF TEXAS
R. HINOJOSA
NOTARY PUBLIC
Slate of Texas ci
Comm. Exp. 05/1612
4
101.91 ACRES
M.U.D. TRACT
EXHIB"
_L,
DESCRIPTION
FNNO971
AUGUST 24, 2005
JOB NO. 213-32.61
OF A 101.91 ACRE TRACT OF LAND OUT OF AND PART OF THE WILLIAM KINCAID
SURVEY, ABSTRACT NO. 374, AND THE EPHRAIM EVANS SURVEY, ABSTRAC"i NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE TRACT OR PARCEL 01?
LAND BEING A 99.52 ACRE TRACT CONVEYED TO MERLON 100, L.P., RECORDED IN
DOCUMENT NO. 200409314 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND A 2.39 ACRE PORTION OF A 3.80 ACRE TRACT CONVEYED TO
WILLIAMSON COUNTY, TEXAS, RECORDED IN DOCUMENT NO. 2005063737, OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 101.91 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said 99.52 acre tract, and a southwest
corner of a 474.91 acre tract conveyed to Hy -Land North Joint Venture, in Volume 639, Page 693, of the
Deed Records of Williamson County, Texas, same being in the north line of Sam Bass Road (county rd. 175);
THENCE along the south line of said 99.52 acre tract and the north line of Sam Bass Road, the following
seven (7) courses and distances:
1) S 87°05'32"W, a distance of 104.58 feet to a 18 inch live oak tree, for an angle point hereof;
2) N87°50'52"W, a distance of 275.11 feet to a 1/2 inch iron rod found, for an angle point hereof;
3) S88°15'45"W, a distance of 519.78 feet to a 1/2 inch iron rod found, for an angle point hereof;
4) N89°08'50"W, a distan e of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Tnr.) Found, for an angle point hereof;
5) N57°19'39"W, a distance of 41.12 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof;
6) N53°14'50"W, a distance of 44.64 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found, for an angle point hereof; and
7) N71°30'50"W, a distance of 14.17 feet to a calculated point for the southeast comer of said 40.41 acre
tract, and a point on line hereof;
THENCE leaving the south line of said 99.52 acre tract, along the south line of said 3.80 acre tract and the
north line of said Sam Bass Road, N71°30'50"W, a distance of 82.72 feet to a calculated point for an angle
point hereof;
THENCE leaving the north line of Sam Bass Road through said 3.80 acre tract, N22°40'37"E, a distance of
41.28 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found, for the
southwest corner of a 0.06 portion of said 99.52 acre tract, for a point on line hereof;
THENCE along the common line of said 0.06 acre tract and said 40.41 acre tract, the following two (2)
courses and distances:
1) N22°40'37"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell corner hereof; and
FN 971
PAGE TWO
2) 367°19'23"E, a distance of 50.00 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found in the common line of said 3,80 acre tract and said 40,41 acre tract for an ell
corner hereof;
THENCE leaving the common line of said 0.06 acre tract and said 40.41 acre tract and along the common
line of said 3.80 acre tract and said 40.41 acre tract the following seven (7) courses and distances:
1) N22°40'37"E, a distance of 1091.75 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) set for a point of curvature hereof;
2) along a curve to the left, having a radius of 767.50 feet, a delta angle of 04°45'32", a chord distance of
63.73 feet (chord bears N20° 17'51 "E), an arc distance of 63.75 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point of compound curvature hereof;
3) along a curve to the left, having a radius of 25.00 feet, a delta angle of 89°21'14", a chord distance of
35.16 feet (chord bears N26°45'32"W), an arc distance of 38.99 feet to a 1/2 inch iron rod with plastic
surveyor's cap (Interstate Surveying, Inc.) set for a point of reverse curvature hereof;
4) along a curve to the right, having a radius of 832.50 feet, a delta angle of 04°06'46", .a chord distance
of 59.75 feet (chord bears N69°22'47" W), an arc distance of 59.76 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof;
5) N67°19'23"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) set for a point of curvature hereof;
6) along a curve to the left, having a radius of 767.50 feet, a delta angle of 43°43'11", a chord distance of
571.54 feet (chord bears N89°10'58"W), an arc distance of 585.64 feet to a 1/2 inch iron rod with
plastic surveyor's cap (Interstate Surveying, Inc.) set for a point of tangency hereof; And
7) S68°57'26"W, a distance of 561.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Tnr.) found at an ell comer of said 40.41 acre tract, for an ell corner hereof;
THENCE leaving the common line of said 3.80 acre tract and said 40.41 acre tract, along the common line
of said 40,41 acre tract and said 99.52 acre tract, the following two (2) courses and distances:
1) S 19°37'56"E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found for an ell comer hereof; and
2) S68°57'26"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap (Interstate
Surveying, Inc.) found in the east line of said tract i and an ell corner of said 99.52 acre tract and said
40.41 acre tract, for an ell corner hereof;
THENCE leaving the west line of said 40.41 acre tract, along the common line of said 99.52 acre tract and
Tract 1, conveyed to Brushy Creek Municipal Utility District, recorded in Document No, 2004019077, of the
Official Public Records of Williamson County, Texas, N19°37'57"W, a distance of 25.01 feet to a 1/2 inch
iron rod with plastic surveyor's cap (Interstate Surveying, Inc.) found for an ell corner of said 3.80 acre tract,
and a point on line hereof;
THENCE leaving the west line of said 99.52 acre tract, along the west line of said 3.80 acre tract and the
east line of said Tract 1, N19°37'57"W, a distance of 32.51 feet to a 1/2 inch iron rod with plastic surveyor's
cap (Interstate Surveying, Inc.) found for the northwest corner of said 3.80 acre tract and an ell corner of said
99.52 acre tract, for a point on line hereof,
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Page THREE
THENCE leaving the west line of said 3.80 acre tract, along the common line of said 99.52 acre tract and
said Tract 1, Nl9"37'57"W, .a distance of 888.29 feet to a 1/2 inch iron rod with plastic surveyor's cap
(Interstate Surveying, Inc.) found for the northwest corner of said 99.52 acre tract and the southwest corner of
Tract 2, conveyed to Brushy Creek Municipal Utility District, recorded in Document No. 2004019077, of the
Official Public Records of Williamson County, Texas, for the northwest corner hereof,
THENCE leaving the east line of said Tract 1, along the common line of said Tract 2 and said 99.52 acre
tract, N69°28'27"E, a distance of 2286.14 feet to a 1/2 inch iron rod found at the southeast corner of said
Tract 2 and the northeast corner of said 99.52 acre tract same being in the west line of said Hy -Land North
Joint Venture, for the northeast Goner hereof;
THENCE along the common line of said 99.52 acre tract and said Hy -Land North Joint Venture tract,
S20°33'16"E, a distance of 3150.32 feet to the POINT OF' BEGINNING, containing 101.91 acres of land
area, more -or less, within these metes and bounds.
This fieldnote description has been prepared in conjunction with a digital survey drawing identified as Interstate Surveying, Inc.; drawing
file "21332MUD.dwg".
STA IE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
THAT I, BLAINE J. MILLER, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DET'hRMJ HIED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT AUSTIN, WILLIAMSON COUNTY,
TEXAS, THIS 24th DAY OF AUGUST, 2005 A.D.
MAti
BLAINE J. MILLER, RP.L.S.
STATE OF TEXAS NO.5121
INTERSTATE SURVEYING, INC.
13740N. HWY 183, BLDG. L-4
Austin, Texas 78750
(F13 951-10001FN-971)
EXHIBIT F
DISTRICT CONSENT RESOLUTION
A RESOLUTION GRANTING THE CONSENT OF THE CITY OF ROUND ROCK,
TEXAS, TO THE CREATION OF WALSH RANCH MUNICIPAL UTILITY DISTRICT
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 Walsh Ranch Municipal Utility District,
upon certain land located in the City's extraterritorial jurisdiction, a copy of which petition is
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:
That the City Council of the City of Round Rock, Texas, gives its written consent to the
creation of a municipal utility district, proposed to be known as Walsh Ranch Municipal Utility
District, on the land described in the attached petition, being 99.52 acres of land, more fully
described by metes and bounds on Exhibit 2.
PASSED AND APPROVED on the day of , 2005.
Mayor, City of Round Rock
ATTEST: APPROVED:
City Secretary City Attorney
EXHIBIT G
Terms of Wholesale Water and Wastewater Utility Services to MUD
1. The City will provide wholesale water and wastewater utility services to the
MUD, sufficient to serve the land within the MUD, for cost of service wholesale water and
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 provide potable water meeting the standards of the Texas Commissioner
on Environmental Quality for human consumption and other domestic uses, and will receive,
treat and dispose of all sewage generated by customers within the MUD. The City will maintain
an adequate water supply and adequate wastewater treatment capacity at all times to serve the
customers within the MUD at the same level these services are provided within the City. The
City may limit service to the MUD in the same manner and to the same extent that service is
limited inside the City limits. If there is a water shortage, the supply of water to the MUD may
be reduced or diminished in the same proportions as water supply is reduced or diminished
within the City's corporate limits.
3. All water delivered to the MUD will be measured by a master meter installed at
an agreed upon point of delivery. The MUD will be responsible for installation and maintenance
of the master metering equipment and related facilities that serve the MUD at its own expense,
and will calibrate its master meter every 12 months, or more frequently upon request of the City;
however, the cost of the calibration will be borne by the City if requested more frequently than
once every 12 months.
4. The MUD will impose and enforce, at a minimum, all conservation measures and
use restrictions imposed by the City on its own customers with the City.
5. Upon the payment of applicable City water and wastewater impact fees, the
MUD will have a guaranteed reservation and commitment of capacity in the City's water and
wastewater utility systems for the amount of capacity for which these fees have been paid.
2