R-06-05-11-13B3 - 5/11/2006RESOLUTION NO. R -06-05-11-13B3
WHEREAS, the City has previously entered into a Consent Agreement
with Parkside at Mayfield Ranch, Ltd. ("Developer") regarding the
creation of Parkside at Mayfield Ranch Municipal Utility District, and
WHEREAS, the City now desires to enter into Amendment No. 1 to
the Consent Agreement with the Developer, 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 Amendment No. 1 to Consent Agreement with Parkside
at Mayfield Ranch, Ltd., a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this llth day of May, 2006.
ATTEST:
CHRISTINE R. MARTINEZ, City SeJretary
OPFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R60511B3.WPD/sc
WE L, .yor
of Round Rock, Texas
AMENDMENT NO. 1 TO CONSENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
The City of Round Rock, Texas, a home rule city located in Williamson County, Texas (the
"City"), and Parkside at Mayfield Ranch, Ltd., a Texas limited partnership ("Developer"), previously
entered into a Consent Agreement dated effective April 14, 2005 (the "Consent Agreement"), under which
the City and the Developer agreed on certain terms and conditions relating to the creation of Parkside at
Mayfield Ranch Municipal Utility District (the "District').
As recited in the Consent Agreement, the City and the Developer entered into the Consent
Agreement based upon their mutual understanding, that all of the land to be included within the District
(the "Land") was located within the City's extraterritorial jurisdiction, as shown on the City's official
maps and records reflecting its extraterritorial jurisdiction; however, it was subsequently determined that
approximately 140.93 acres of the Land, as more fully described on the attached Exhibit 1 (the "140.93
Acre Tract") was actually within the extraterritorial jurisdiction of the City of Leander ("Leander"),
which had added the 140.93 Acre Tract to its extraterritorial jurisdiction, upon the petition of the then -
landowner, in 1979, prior to the City's inclusion of the 140.93 Acre Tract within its extraterritorial
jurisdiction in 1987.
Upon discovery of this mutual mistake, the Developer was compelled to withdraw its application
for approval of the District then pending at the Texas Commission on Environmental Quality and to
negotiate with Leander to release the 140.93 Acre Tract from its extraterritorial jurisdiction into the
extraterritorial jurisdiction of the City. As a part of the consideration for this release, the Developer was
required to agree to pay Leander the sum of $200,000 out of the first proceeds of bonds issued by the
District.
In recognition of their mutual mistake and the sum which the Developer will pay to Leander to
obtain the release of the 140.93 Acre Tract, the City and the Developer agree that the Master
Development Fee, as defined in Section 2.01 of the Consent Agreement, will be reduced by the $200,000
to be paid by the Developer to Leander for the release of the 140.93 Acre Tract.
1. Amendment to Section 2.01 of the Consent Agreement is amended to read as follows:
Section 2.01 Master Development Fee. As consideration for this
Agreement, Developer agrees to pay the City a Master Development Fee of up to
$1,400,000 out of proceeds from the issuance of bonds by the District. This Master
Development Fee will be calculated at the rate of 8% of each bond reimbursement
received by Developer from the District for construction, geotechnical and engineering
expenditures advanced by Developer for water, wastewater and drainage facilities, in
accordance with the formula attached as Exhibit C; however, until such time as the
Developer has recouped the $200,000 required to be paid to Leander in accordance with
the Agreement Regarding Parkside Tract attached as Exhibit C-1, the Master
Development Fee will be reduced to 2% of each such bond reimbursement. Each
installment of the Master Development Fee will be payable to the City if, as and when the
bond reimbursement upon which the fee is calculated is received by Developer.
2. Amendment to Exhibit C. Exhibit C to the Consent Agreement is deleted and
replaced with Exhibit C and Exhibit C-1 to this Amendment.
216699-2 03/08/2006
3. Defined Terms. All terms delineated with initial capital letters in this Amendment that
are defined in the Consent Agreement have the same meanings in this Amendment as in the Consent
Agreement. Other terms have the meanings commonly ascribed to them.
4. Effect of Amendment. Except as specifically provided in this Amendment, the terms of
the Consent Agreement continue to govern the rights and obligations of the parties, and all terms of the
Consent Agreement remain in full force and effect. If there is any conflict or inconsistency between this
Amendment and the Consent Agreement, this Amendment will control and modify the Consent
Agreement.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates
indicated below.
2
216699-2 03/08/2006
CITY OF ROUND ROCK
By:
Name: Nyle Maxwell
Title: Mayor
Date:
3
216699-2 03/08/2006
PARKSIDE AT MAYFIELD RANCH, LTD.
By: BJM Mayfield Ranch, GP, Inc., a Texas
corporation, its General Partner
By:
Blake Magee, President
Date:
•
•
e
d■
da
deter
John
deed d
describe
from W. C.
130, Deed
was conveys
in Vol. 100, •e
Deed Records,
Survey, A-122
11, 1944, recor
Beginning at on
the above described
the South fonoe line
recorded in Cabinet C,
corner hereof.
YOl 751GE 60
' EXHIBIT "A"
a for a tract or 140,93 acres oituutud In W111lu,uu„ Cu4Ily, '1'va(iu; 1.•ilit:
part of the following tracts; 1) thot troct Jusoribed uo contulr.lnl; I.1 vows
8, Allen Survey, A-36, In daoda to U. W. Cueoy frau: W. U. C;,,ulrbull, .:t um,
1 7, 1900, recorded in Vol, 91, puge 525, Decd Ikcordu; C. 11, Cu.,.ph,:ll,
•• recorded in Vol, 95, pogo 390, Duud Rucordu; and Luu10 Cuul1•l.,•11 ••t of
, recorded in Vol. 150, pogo 170, Dyed liecnr,to, 2) thu:,u tv„ tr•,,.•t:;,
eor on the Jess 8, Puttoroon Curvy, A-504, r,,4 1;'00 „c,•,,;; .... 1.1w
40 that wore coovcycd from 11ro. 3, J, W.11.1 r to U. W, e...-/ I,y
, recorded in Vol. 161, peep 381, Deed 11Leor,C. 3) tie t t.,pct
soros out'or the Jomes 3. Putturson Survey, A.;04 1„ u .I.:eJ
ey doted Deconber 12, 1913 nn, rucurded In Vul. 1(,1), I.:,,;...
acre tract out of tlw AIInCtuollu Curr Survey, A_1.:::' I.I,:I4
oey by; Weltur R. Cui'p ntcr dated Junuary 21, 1'Aii evvordvd
W. elm dated May 7, 1896 and recorded In Vol. '(11, Pu,;: £7,
ribod oo contolnine Go macs •out of the AnuOtuahu C:,rr
obort E. Ercntol et ux to W. D. Cagey ut ux dutvd :.10Luowur
24, pogo 72, Dump Recordo.
d, bvuldu u rune', eurl"'r punt, whrklul: tlar Iii: u.u,•I'r or
trout located on NI•' Al len 3urvuy, c.i Id l.lul„t Will,: In
HW. corner ,I' hot L'7 or Ill,ltu L"11 L'ulnllvi,: 1'i,
orda of Wllllumaun County, '1'exual 1'ol' 1.1,.: U.
Thonce proceeding along
fence line of Lots 27 thru
E 43.28 ft., • poet; 5 1B d 4.
ft., a 12. Post Oak; S 19 deg.
221.93 ft., on iron stoke •et
8 29 meg. 34' 20" 2 43,24 rt.
stake, of said 66 acre Casey tro
10 the North fence line o1 Lot
corner hereof.
o line of wild (.6 here C:n;,:y cruet :u.,1 Lrr• :hemp
tutull :;ub,llv.il:iun, :,n l'o11t.u.:; :; :'0 'I:;, ,r(' 10"
.54 fl., a ,I'" Pout Uuk; 1; 19 deg. 15' F: ,49,50
.15 t., u 10" Live Ouh; S 19 Ave. 1:" hie. h'
,1v1;. 26' 50" is 113,12 1. L., n 1"..;L; and
ur l,v51., buuld,: vllIcii Is
fuuu.l ;,h iron
mills tla SW conk', of Lot 30 ui,'1 :.leu tuing
toil 3ubdlvinion; fur 1.11v moot iiu,•tl,.:rly
Thence procoedin6 olong the South 'ncu lllw „
fence lino of Lots 69 thru 66 of said WItitut:,ll
W 148,11 rt., • post; 8 71 deg. 17' 50" W 204
75.26 ft., a 14" Poet oak; 8 72 dog. 23' 30
50" W 264,48 ft., a poet; 8 71 deg. 08'
73.77 ft., a LC" E1 s 66 dog. 41' 110" W
en iron stake; and 854 deg. 09' W 67.19 ft.
•n iron stoke, marking this NW corner or Lot
corner hereof.
Thence proceeding along the Weot Noce lin.. of
follows: 8.17 dog. 16' 30 E 52.15 ft.,'b 14" Pos
14 Cedar; 8 18 deg, 06' E.I;15.47•ft., a dead 10"
415.65 rt. to an iron stoke found in the Bost lance
Casey tract described in Vol. 100, paeo 99, and Vol, 76,
also' be Ing• the HE corner of that troct. duacribud uo Coll
Anastanho Carr Survey in a deed from Perry 0. Mayfield
detad March 20, 1978, recorded in Vol. 721, poen 243, Dv
Texan; for the moat Southerly SIE corner bract.
, parr l'a:o-•y Ir,,.:1., ,n,•1 tie.
n, 00 1'.•Iluw:.: :; (.II •i. r• 4 '' 10"
l'uut Vuk; 0 e.9 dog. ), . .,, I W
Pout auk; ti 71 •i.:,•, :I,I
U 101" CvOnr; ,. '(1 A.T. ,l. 1n" .W
" ;'out 00: 4',' , 14' whlcl.
eur11L•r I",,t, 1"•;, 4.I' Wlli0I 1 IrUI"l
full :;ulJivivluh; L',,r ..,,
Jut;. 10' I,U" 1•: 4'l. ,.
1 , 1'1 .1.•h, lit'
Ito• 'I'': r , v.: i I' ...: ru
u•1 II.'cul•J:;; ,0.- . tuku
,•,,,
n`L.
1 I1iii,:iJI. t'
ItPron
All or {MOS ni
clearly Legible
10
Y/.7t TO
•Moon
EXHIBIT 1
Page 1 of 2
aXNISIT "A" (continued)
vnI ?QUPiel 61
leaving the East fence lino of ouid Casey 100 ecru tract u„d thu Went l•. ,cc
aforementioned Lot 65 of iihltotuil 8ubdlviclon, aryl procvuding along tl,•:
e line of maid 1'iclaatar 229.556 ocre tract oo 'followo: :; 1 ? dal;. 01' 3u" 4
an on stoke found in a 20" Lir(' Ook; 8 '(P dog. OG' 50" W :'11,up rt., .,
which 1a'found on iron stukul 3 (/ Jul;. 59' hu" W ;'19.,.'3 ft„ ;, to"
dug. 351 40" W, crodding the record Waut 111m or I:41W eu:ay 1,n1 .,cru
rd Zit line of the obovo duscrltwd GO ucre Cusuy brunt, in 0L1 5:1s:2G
t 1n said fence lino; for thu t;lf curnur I,uruor.
rth fence line of cold licLuatur tract, N 10 dug, 57' 30" tr, t:ros'1ne
ttha aforementioned 60 ocre Ousuy truce nod the South 11u: or
ord Casey tract, duscribod in Vol. 1GO, p"l:v 130, Uvud It��,,,•,Iu
fence post, bostde which is out un iron dohs, In tlo South
Road 174 for the moot Wuaturly NW corner lu,raol'.
the Southosstorly, fence lino of ani,' Cuunty IIuu.I
.42 ft., o pont; N 47 deg. 11' E 147.93 Pt., n 1h" 1•,.::L L.Ot:
tt.fgrkud Ilya Ouk; N 44 sluC. 35' Au" }: 4'''(. I7 rt.,
15 ft., un 10" I'u:,1 a:,k; ut1,1 N 1, r, drl;.
the co
the *tor
in all
fence 11
Thane'
tolloval N
N 45 dog. 411
Post Ouk; N 46
ebout 5.00 f
in a concrete r
Mance procvodin:
N 18 dog. 40' 10" W,
to a fence' corner p0
hereof.
Tnence.loaving said
aforemuotionud 66 sore Cu
sforvaontloned Whitetail -8
Cedar; N 70 deg, 33' 20" E 1
37' 20" E 119.01 rt., • poet;
202.77 ft., • peat; N 71 dog.
ft,, on iron Atoka found; N 72
E 63,53 ft., a 12" Live Oak; and N 7
containing 140.93 acres.
lira, unU ut 543.'11 rt. to u11 t., :, 1.,rI;,• ut n,•• r..,,,1
alto or o curter. 1'uut; Fur ;,n I,r..1u.: c.,ru,,•
t farce line of ter: urut•u,ountlon,:a County lto,.l 17'x,
oin sold Eust rune.: lino, ;,tel ut :''p,. t;l I't. 10
h la -ot on iron utuku; for the ,u .t F:, ct.•rly :.' .:ur•ar
Ocudding ulont; tea, North 1,',,ct. lin.: of ,.L.
Lim South 1'at,ca hear, or i.utu 111 Uva :`n .,, •.:w
I Oa follows: N (19 d.:4;, 1'' ',u".li 164.343 ft., ,
t.; N 71 t 04' e'0" L 317.00 rt., u bust; r ','1 a.•,.
1 deg, 04' 0" 165.44 rt., u pout; 44 '(1 d.•,;. l'(' .,I" g
1' 30" E .GS ft u 1 ' C.•4ur; N (.9 du,., :'y' h;":,:...13
' ft. u G" LI v' Ca:.k• N G'/ .L•
L 244,99 ft. to tlk Its) ink. of :•.,, ,,u,n1-1,
Thor• is an overhead utility lino
plat.
• THE RATE OF TEXAS
County of Wlllbaaeoa }
1, lainea'N, 'to'rdioa, Clerk of the a.ea
'Ify.that Ow forraoloi Inaltulantall lir wr;Iln , with IU Ootlfcaty of tuuuaticsl
14th
U—�_ day of De— ! A.D. MIL." 3 1 20
17th
u"---� day or Deo. A.0.19..__--.01 9 • 913 5
Deed
hlo eruct, uc ch,.wo un
P ORDr. tis "" !,,! f .ND Cll.
ort- r •. .. ' . .! Ir Detre was not
aiulo tar satisfactory recordation
WITNESS MY NAND ande4el
eau above wfittaa.. Os Caapi
oat,, do kerb) ccr•
to any Otos o0
sb socorded this
o'doc
Cit cards of 'aid County, In Vol
Court of old Wualy, at offk, In 0•0r
uty
JAMES N. BOYD
County Cour. Will
dais
Teaas` ,
•
EXHIBIT 1
Page 2 of 2
EXHIBIT C
Master Development Fee Calculation
TOTAL MUD BOND ISSUE AMOUNT: $
Less:
Non -Construction Costs:
Legal and Financial Advisory Fees:
Interest Costs:
Capitalized Interest
Developer Interest
Bond Discount $
Administrative and Organization
(including creation costs and operating
advances)
$
$
$
Bond Application, Market Study $
TCEQ Bond Issuance Fee $
Total Non -Construction Costs: $
Application, Review and Inspection Fees $
Site Costs $
Offsite Costs $
Total Deductions: $
NET ELIGIBLE MUD BOND ISSUE AMOUNT $ *
TIMES MASTER DEVELOPMENT FEE PERCENTAGE: Until $200,000 Leander
payment under Exhibit C-1
recouped, 2%
After $200,000 Leander
payment under Exhibit C-1
recouped, 8%
MASTER DEVELOPMENT FEE AMOUNT: $ -+
* based upon costs approved for reimbursement under applicable TCEQ rules, and an audit of developer
reimbursables performed at the time of each Bond issue
4
216699-2 03/08/2006
Copy
AGREEMENT REGARDING PARKSIDE TRACT
This Agreement Regarding Parkside Tract ("Agreement") is entered into as of February
9, 2006 (the "Effective Date"), between the City of Leander, Texas ("Leander"), a Texas home -
rule municipality, Parkside at Mayfield Ranch, Ltd., ("Developer"), a Texas limited partnership,
and Elmer McLester, Trustee ("Landowner"). Leander, Developer and Landowner are
sometimes individually referred to as a "Party" and collectively referred to as the "Parties".
Each of the Parties confirms that it has the authority to enter into this Agreement and the ability
to perform its obligations under this Agreement, without the further approval or consent of any
other person or entity.
Recitals
WHEREAS, Developer has an option to purchase approximately 370.486 acres of land
located in Williamson County (the "Land"), as more particularly described in the deeds recorded
in Volume 721, Page 243, and Volume 780, Page 58, Deed Records of Williamson County.
Texas, attached hereto as Exhibit "A-1" and Exhibit "A-2" and incorporated herein for all
purposes, from Landowner; and
WHEREAS, the 140.93 acre tract or parcel of the Land described in the deed recorded in
Volume 780, Page 58, Deed Records of Williamson County, Texas, attached hereto as Exhibit
"A-2" (the "Conflict Area") is shown to be within Leander's extraterritorial jurisdiction
("ETJ") on Leander's official map of its ETJ and is also shown to be within the ETJ of the City
of Round Rock ("Round Rock") on Round Rock's official map of its ETJ; and
WHEREAS, based on Developer's and Landowner's understanding that all of the Land
was within Round Rock's ETJ, Developer and Landowner previously obtained certain
development approvals from Round Rock covering all of the Land, including the Conflict Area:
including Round Rock's approval of the creation of a municipal utility district over the land, to
be known as "Parkside at Mayfield Ranch Municipal Utility District" (the "District"), and
WHEREAS, a portion of the Land is currently included within the water service area of
Leander under its Certificate of Convenience and Necessity ("CCN") No. 10302 (the "Water
CCN"), while the remainder of the Land is included within the service area of the City of
Georgetown ("Georgetown") under its water CCN, and water service is presently available to
the Land from Georgetown, which has agreed to provide water service to the Land; and
WHEREAS, Leander has filed an application (the "Wastewater Application") to amend
its CCN No. 20626 for sewer service (the "Wastewater CCN") with the Texas Commission on
Environmental Quality ("TCEQ"), requesting, among other things, that the Land be included
within Leander's wastewater service area under the Wastewater CCN; and
WHEREAS, Landowner has protested the Wastewater Application in the proceeding
filed with the State Office of Administrative Hearings under SOAH DOCKET NOS. 582-05-
7095 AND 582-05-7096 and TCEQ DOCKET NOS. 2005-0864-UCR AND 2005 -0863 -CCR
(the "Proceeding"); and
EXHIBIT C-1
Page 1 of 25
WHEREAS, the Parties desire to resolve the jurisdictional conflicts affecting the Land in
order to allow development of the Land to proceed;
NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations
and benefits set forth in this Agreement, the Parties agree as follows:
1. Release of Conflict Area from ETJ. Leander hereby agrees to release the Conflict Area
from its ETJ into the ETJ of Round Rock. On the date of this Agreement, Leander has
adopted the Resolution attached as Exhibit "B", consenting to the release of the Conflict
Area from its ETJ in accordance with Section 42.023, Texas Local Government Code.
2. Release of Land from Water CCN. Leander agrees to release the portion of the Land
presently included within the Water CCN from its certificated service area. Developer
agrees to prepare, and Leander agrees to execute, an "Application to Obtain or Amend a
Water or Sewer Certificate of Convenience and Necessity", in the a form promulgated by
the TCEQ to effectuate such release, and to deliver such application to Developer for
filing and processing with the TCEQ. Developer agrees that all costs of preparing, filing
and processing the application, and providing all required public notices, will be borne by
Developer.
3. Removal of Land from Wastewater Application and CCN. Within 15 calendar days
of the Effective Date: (a) Leander agrees to file an amendment to the Wastewater
Application with the TCEQ, which amendment will include an executed copy of this
Agreement and a new map which deletes the Land from Leander's proposed wastewater
service area, and (b) the Parties agree to jointly request the written approval of the
executive director of TCEQ to the amendment of the Wastewater Application to exclude
the Land in the form attached as Exhibit "C". Within five days of the Leander's delivery
to Landowner and Developer of a copy of the amendment described above. with
confirmation of filing with the TCEQ, Landowner will withdraw its protest of the
Wastewater Application by filing the withdrawal letter attached as Exhibit "D". If, for
any reason, the TCEQ does not remove the Land from the Wastewater Application and
the Land is included in Leander's Wastewater CCN, then Developer agrees to prepare,
and Leander agrees to execute, an "Application to Obtain or Amend a Water or Sewer
Certificate of Convenience and Necessity", in the a form promulgated by the TCEQ to
effectuate the release of the Land, and to deliver such application to Developer for filing
and processing with the TCEQ. Developer agrees that, in such event, all costs of
preparing, filing and processing the application, and providing all required public notices.
will be borne by Developer.
4. Consideration. As consideration for this Agreement, Developer agrees to pay the City
the sum of $200,000 in the form of cash, a certified or cashier's check or other
immediately available funds within 30 days of closing of the first sale of bonds by the
District. At the first meeting of the District's Board of Directors, the Developer agrees to
obtain the District's written acknowledgement of this obligation of the Developer, and its
agreement to fund such consideration directly to the City at the time of the sale of bonds.
if requested to do so by the City, and to provide a copy of the District's
acknowledgement and agreement to the City.
2
EXHIBIT C-1
Page 2 of 25
5. Additional Agreements of Developer Regarding North Brushy Creek Wastewater
Main. The City acknowledges that the Developer is in the process of negotiating a cost
participation agreement to jointly construct and fund a wastewater main between FM
1431 and FM 179 (the "North Brushy Creek Wastewater Main"), and that the City
desires that the North Brushy Creek Wastewater Main be sized to include 5.5 MGD of
capacity for the City. The Developer covenants and agrees: (i) that Developer will not
enter into any agreement for the financing or construction of the North Brushy Creek
Wastewater Main unless the main is sized to include 5.5 MGD of excess capacity, and
(ii) that the Developer will support the purchase of the North Brushy Creek Wastewater
Main by the Brushy Creek Regional Wastewater System for a purchase price equal to its
cost plus interest at a rate not to exceed 6%.
6. Term. The term of this Agreement will commence on the Effective Date and continue
until the date on which the Conflict Area has been released from Leander's ETJ, the Land
has been released from Leander's Water CCN and the Land has been removed from
Leander's Wastewater Application.
7. Remedies. If Leander defaults under this Agreement, Developer may enforce this
Agreement by seeking a writ of mandamus from a Williamson County District Court to
compel Leander's performance of its obligations hereunder. If Developer defaults under
this Agreement, Leander may enforce this Agreement by seeking injunctive relief from a
Williamson County District Court. In the event of a default, 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.
8. Cooperation. Leander and Developer each agree to execute such further documents or
instruments as may be necessary to evidence or to effectuate their agreements hereunder.
9. 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 three 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:
LEANDER:
With Required Copy to:
City of Leander
200 W. Willis St.
Leander, Texas 78641
Attn: City Manager
Law Offices of Barney Knight
223 W. Anderson Lane, Suite A-105
3
EXHIBIT C-1
Page 3 of 25
DEVELOPER:
LANDOWNER:
With Required Copy to:
Austin, Texas 78752
Parkside at Mayfield Ranch, Ltd.
1011 N. Lamar Blvd.
Austin, Texas 78703
Attn: Blake Magee
Elmer McLester, Trustee
1411 West Ave., Suite 200
Austin, Texas 78701
Sue Brooks Littlefield
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
The Parties may change their respective addresses to any other address within the United
States of America by giving at least five days' written notice to the other Party.
Developer may, by giving at least five days' written notice to Leander, designate
additional Parties to receive copies of notices under this Agreement.
10. 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 of that or of any other
provision, and a Party may at any time thereafter insist upon strict performance of any
and all of the provisions of this Agreement.
11. 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.
12. Entire Agreement. This Agreement contains the entire agreement of the Parties. There
are no other agreements or promises, oral or written, between the Parties regarding the
subject matter of this Agreement. This Agreement can be amended only by written
agreement signed by the Parties. This Agreement supersedes all other agreements
between the Parties concerning the subject matter.
13. Exhibits, Headings, Construction and Counterparts. All schedules and exhibits
referred to in or attached to this Agreement are incorporated into and made a part of this
Agreement for all purposes. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the paragraphs.
4
EXHIBIT C-1
Page 4 of 25
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. 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.
14. 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.
15. Authority for Execution. Leander each certifies, represents, and warrants that the
execution of this Agreement is duly authorized in conformity with its City Charter and
City ordinances. Developer hereby certifies, represents, and warrants that the execution
of this Agreement is duly authorized in conformity with the articles of incorporation and
bylaws or a partnership agreement of each entity executing on behalf of Developer.
16. Exhibits. The following exhibits are attached to this Agreement, and made a part hereof
for all purposes:
Exhibit A-1
Exhibit A-2
Exhibit B —
Exhibit C —
Exhibit D —
— Deed Recorded in Volume 721, Page 243, Deed Records of
Williamson, Texas, containing a Metes and Bounds Description of
229.556 acre tract of land
— Deed Recorded in Volume 780, Page 58, Deed Records of
Williamson County, Texas, containing a Metes and Bounds
Description of 140.93 acre conflict area
Resolution Releasing Conflict Area from Leander's ETJ
Form of Joint Request for Amendment of CCN Application
Form of Withdrawal of Protest
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the
dates indicated below.
CIT uF L ; ANDER
By:
J
Dat
5
EXHIBIT C-1
Page 5 of 25
•
•
PARKSIDE AT MAYFIELD RANCH, LTD.
By: BJM Mayfield Ranch, GP, Inc., a Texas
corporation, its General Partner
By:
Blake Magee, President
Date: Z /3 76‘
LANDOWNER
6
EXHIBIT C-1
Page 6 of 25
By:
Elmer McLester, Trustee
Date: all VA96
N0r10E nepeluy 0y Ise S141e B41 of Teeal for mit br Lewyen only.
To WMei Mm pope tone /tl N 1La1CN, Wad o.! ! pro, Luau a I) tai
A' ' MAW roman, N! 1•44p+orlrr aIMM. He '•JM .4 MA IMO Ofnrey%1NEEJ,
vn. �Ki Dm 2,13
WARRANTY DEED WITH VENDOR'S LIEN
STATE OF TEXAS
TY OF WIlliamSOH
KNOW394
1ALL MEN HY THESE f kESC!i'l
PERRY 0. MAY7IELD and vire, VIVIAN HAYRINLD
which
of hi
$751,
as thecal.
end for
Williamson
and Stale of Taaas for in::
m of---__.,__T8N AND
ration to the .undersigned paid by the grantee herein nutted, the o(
d, and the turtturconsideratlon of the execution and delivery by 7raecet
oelseory note of ere= date berevith, In the principal awn 01
to the order of Grantors -i= annual inetellmente and bearing incer6e;
ontaining the usual clauses providing for acceleration of aat:rity
the payment or which note is secured by the vendor's lien he
Inst of even date herowilh to -----------N. 0, yhl
hero CRANTfD, SOLD AND CONVEYF.D, and by these pre
ELNER L. HCLESTER, TR
of thy County or Williamson and Slate of T
property in Ailliaason County, Texas, to -wit:
BEING 229,556 mem of land, more or leer, out of eh. A.
No. 122, In Willieueon County, Teaaa, being more part lcul
Deed to 9e1lere herein of record In Volume 492, Page 173,
Williamson County, Texas, .and being mora particularly dere
bound. .10 Exhibit "A" which is attached heretq for all purpos
to casements and restrictive covenants of record.
JaUttlonally scckaco oy a Jett)
ELL AND CONVEY ,ntu
following desrnbeC rc.;
, Abettact
to
cords,
33o�
tor
b )ind
�fc
O
EXHIBIT
EXHIBIT C-1
Page 7 of 25
721 PAcr244
VE AND TO HOLD the above described premises, together with all and singular the rights end
thereto in anywise belongJrtg unto the said grantee , • hie aucceaeore+ and assigns
do hereby bind oureelvea and our help, executors and admIntetraton to
OREV DEFEND all Ind singular the said premises unto the salt) grantee , his
person whomsoever lawfully claiming or to clelm the rams or any part
described p
described note
Whitt this Doed shall
the VENDOR'S LIEN, u well as the Superior Title in and to the show
he above described property,premises and improvements until Use obovc
ereon an fully paid according to' the feu, tenor, effect and reading thereof,
T7IELD
A,D. 19 7
• (Aakeowtedlm.At)
TN8 STATE OF TBXAB
COUNTY OF. WILLUX8011.
Been res, the underaigaad authority, oe this day penoeaUY ►ppsared
?RUT 0. HAY7ILLD' and vile,' VIVUN MAYIIILD
krcws to me to ba W parson- vela. aural uy.._ sut>.cribed le Ike foresotal matte
that = Ia exeoutad Ihs lana for Ile purports aid sonaidenUon.thenln esprertad,
Oliva ender my Iaadand nal o! ofllee.ea this tha .
,2 o..✓ti • daY of July
JToliry Abe >n sad hi
EXHIBIT C-1
Page 8 of 25
sd lo me
Williamaoo
?
�EXHIBIT
rx; ipir "A"
MELD NOTES POR PERRY HAYFIELD
Ya. 721. nu 245
Being a 229,556 acre trent or parcel, of land out of the A. Carr
Survey, Abstract•No, 122 situated in Williamson County, Texas, being
all of that sane tract conveyed to Perry Mayfield described in a
deed recorded in•Voluae 192, Page 173 of the Deed Records of said
County, said Mayfield Tract being more particularly described by
es and bounds as follows:
Hing at an iron pin set by a fence corner in the East margin of
y•R• • No. 175, said point being the Southwest corner of said
i ? ot1
erly ths.tollowing three (3) courses along said East
ed,' (1) N.)7.38'50"W. 257.20 feet to an iron pin
'21'05'W.• 257.68 feet to an iron pin set, (3)
15.13 feet to an iron pin sat by a fence corner for
eof;
5"E. 370.58 feet to an iron pin set by a fence
ell corner hereof!
80.40 feet to an iron pin set and N.3)'10'70'(1.
ron pin set by a fence corner for on ell corner
TH
co
THEN
371,3
hereof;
THENCE'N
cornea fo
THENCE N.57•
corner for a
THENCE N.17.28'
352.17 feet to
northerly North
THENCE easterly th
of said Mayfield Tr •t, e
988,47 feet to an 4 •n •in s
iron pin set; (3) 14.•••39"05
• 12' P.0,1• (4) N.72'19'E.
L.O.; (5) N,82.01'E. 700.
for the Northeast corner
THENCE southerly the foil
said Mayfield tract, the E.
feet to an iron pin found;
pin found; (3).5.18.59'30'E,
S.17.48'15"E. 739.60 feet to a
428.11 feet to an iron pin set)
iron pin set by a fence corner
Tract;
.16 feet to an
er hereof;
8,25 feet to an
hereof,
27
iron pin set by a fence
iron pin found by a fence
t to an iron pin set and N.17.20'25'E,
at a fence corner for the moat
of;
g five
North
et;
'E
(5) courses, along the North line
ne hereof: (.11 N.66.59'40'E.
.66'32'20"E, 554.99' feet to an
2 Leet to an iron pin set by
t to an iron pin sat by a 12'
iron pin set by a fence corner
urges along the East line of
sof; (1) 9,20.24'20"E, 84.50
0"E. 657.20 feet to an iron
3-.42 _ee to an iron pin found' (4)
set; (5) 9.19.32'25'E.
06'15"E. 345.32 feet to en
theaet corner of said hayfield
THENCE westerly the following five
of said Mayfield Tract, the South li
628.14 feet to an iron pin set; (2)
iron pin set; (3) S,70.49'15"W. 820
(4) S.70.37'45"W, 938.55 feet to .an
747.47 feet to the Point. of Beginning of
land, as fenced, containing 229,556 acre
1,. Timothy 1, Haynie, A REGISTERED PROFES
certify that these field notes and attache
the results of an On the ground survey made
supervision on the llth day of July, 1978. •
as shown. There are no encroachments, confli
Apparent on the ground except aa ahwon.
F Tt\t HAYNIE i YALLMA
i1
yLra1� r.•
11, 16)M; tl ".v Ayti1 •.�x J '
34982 J�
along the South line
(1) S.71.28'40"W.
710.30 fent to an
iron pin set:
(5) 5.70'59'50"w.
bed tract of
re or lose.
ER, do hereby
tely represents
action and
located are
sions
r�•
Date
Jul
EXHIBIT C-1
Page 9 of 25
EXHIBIT
A -I
21 /1446 •
STATE OF TEXAS )..
ty of WU Inin000 t 1.� p*:•f.! .mka. Gist al u. Count/ C•wi or w4 Cowtr. N /won cvutr
litlH luinnany. d. *flU .. 'h...rtdl..L .1 iYIaMLLNIlea, w 111.4 In mail In my NM
-•o+7 ofe! ,.►LY�}C J ' .A 1101_7.11., .,..._..1.1.3.(1..—._...,«L_..P..x, ..a C117oo
tr r..+.4 tab,
-W da_...zu y.,,; ..)....I; . M..].9 K_.J,).3.0.._ ..'eloJ1..1!`l4 le Olc---------
.—.-,...—.--.-41.---,, I.i..+..1 we county. In wl.._._721_.._. pp 2 (1
__M� 4, u
C.d/ Cairi W w.111Q
I11 unVN , .f11N
Si1. Ota.F.wA TUN,c, •
Putt
DICK CFAV7xKA, mum.
Cow•V Court. ‘041 .".0•• C.e,v, T.►w
!1
1
EXHIBIT
EXHIBIT C-1
Page 10 of 25
CO
Nu byM " Set et'NUR
1eyLuacob-
e
n�ane@ i•1-MOT10E �km,1hnkspacer, mar eat lon v�ce 58mafl r..pa+OinafrunsrrnrA. Ptnreci•°MY. Na
se.ye" fan
WARRANTY DEED WITH VENDOR'S
TEXAS LIE�Nr�,
KNOW ALL �`►S•`J
jjj MEN BY THESE PRESET:
Thu 1
conveyed
msaagemen.
of the County
consideration of
pined herein by my wife for the reason that the
property
of our homestead and the conveyed Property is b•tern
and Stott n( uadar s7 sola
Texas
.1E4aAD AO/lt)0, for and in
-
undenl DOLLARS
$ted pald by the ramie herein named, the receipt of which
•nalderrttlort of
that tree fc2201 BtmTl13 of A'Annan
BY ORANUR
that
opal principal plosiseory nota @scuttled byCurti..
lea rota provided; idfNote 3isbsecured byb.odtd•
r.t.
of With to 2rtin Dumper, Trustee, of r.•od in
e-
sAson County, Teasel
and other valuable
1s hereby eckncwlediad,
KliKSIX to pay thf
Borba dated ritsie.‘ae,
Baxtha O. Casey, with in
cribad in a Deed of Try
volume 287, Page 893. De
„z\
the payment of which note is secured by the 'vendor's lien herein retained, and
of tru+f of even data herewith to
Tim 1., Wright
have GRANTED, SOLD AND CONVEYED and bythese
presents do GRANT,
ILMBR L, maSSTP8r Trustee
and State of
County, dam, to -wit:
1141.140 144.43 hares sitatated is itillieruon County. Texas
eularly es/scrib•d by setae and bounds to Yzhibit �'A+n
sad made a put hereof for all • and baroB •
purpose La aeeeabad
of the County, of
Properly in
Williaa•on
Williamson
Texa•
req by a decd
Y unto
, all Of the fo
teat
EXHIBIT C-1
Pagc. 11 of 25
EXHIBIT
TO
HAVE AND TO HOLD thea V� SOrict 59
bove described premises, together with all and singular the right, and
nits thereto in anywise belonging unto the said grantee ,
and I do hereby bindhia heirs end assigns
s11ee11' e7' heirs, execut
NT AND FOREVER IMPEND all and ors and administrators to
dnsular the said premise, unto the said grantee hie
and to, against every person whomsoever lawfully claiming or to claim the same or any pan
agreed that the VENDOR'S LIEN, u well al the Superior Title in and to (he above
ained against the above described property, premises and improvements until the above
all int eat thereon are fully paid according to the face, tenor, efkect and reading thereof,
hate.
nada and accepted subject to any and all conditions, restrictions,
or mineral reservations, if any, relating to the hereinabove described
t the -sane may. still be in force and effect.
Th
casement
property,
EXECUTED this
.day of
weber A9.
',
CURT 1S I3ORRO
TH8 STAID OP TEXAS
COUNTY OP WILLIAMSON _
salon o , the undsrsrgead authority, os th4 day pctaoaaAy appeared4110
CURTIS BORED
kaown to ma to be the Mrw,..,,,,.__. whose name._,._._... 1J subscribed se Ms
•
that...... ht _.. raccutcd the same rot the purposes sad esesldsrsyon therein ex
Oben wader my land sad real of noise on fhb the d(or r
(AckseMkdgnia
Notary. PuWk Ls lad •• �
)4y commis expires..
(Printed or stamped name or a
qrI"iWiped to in.
A19 ]9, 1.
Couzin Texas,
19.:8.
EXHIBIT
EXHIBIT C-1
Page 12 of 25
•
•
1 i Thence pr000edln'a along
00 lin¢ of Lata d th° `"Oath •rrcu lllw
vat 7c,, ric>E 60
. e
:1 da
da
cheer;
John
deed d
describe
from W. C.
130, Deed
Was conveys
is Vol. 100,
Deed Records,
Survey, A-122
11, 1944, recon
Beginning of on
the above dasoribed
the South fano, line
recorded in Cabinet C
corner hereof.
Vhonos
fence 11n4'ofLots 27 along
E 43.28 ft., • Poet S 18
ft., a 12" Poet Oak; 8 19do
221.93 ft., an iron stokset
8 29 deg, 34' 20" B 43.24 ft.
stake, of sold 66 acre Casey tro
in the Horth fence lice of Lot
corner hereof.
• EXHIBIT "A"
• for • tract of 140,
•
part as she following 140.93 acres
altuotud in Wllllunsun Count
. Allen hs fo • wing 1) thot tract dosoribad Y, ')lace; L..;ql:
1 7, 1900, recorded, in dooda to U. W. Cam, us B.
Cumunlnl; i�', uurv•
2, 1
1
recorded i in Vol. 91, Pebn.525Y from: W. U, Cowl, pall, „t um,
e1, 1•, , rsoorded a Vol, 95, PadO 398, Duud focorda;Daed llu ,J Louie Culal,b,'1111„�1'
oW A-0 tLhstaMors858Puttorao, pogo n0(3urany,lA-50h, 1, al ucnrdo. 2) i�wnu ler , .,. L of
conveyed from I4ro. S. , ,0U moue .,n Lim
, recorded in Vol. 161, J Wu1Fxr w U. N. c:,•..y 1,
Louct
sores out of the Jones S. 381, Duod ltuoordo, y
'
ay doted r theta! es Putwrson Sarva r,04 in 1) tl'u :eti
•.• 12, 1913 and ruuurdedyinAVol. 1(.,), •i':ud
acre tract out of tow A,I:,c
tache Curr Utary� 1"'I'"
Cir;:"
, oeY by: Wolter 11, Carpenter dowel Jouuor y2 A_li,'. Lh:,t
slim dated May 7, 1896 Yf1} recorded in Voll 1 11 '"y7,
ribald so containing 60 acro■.out of the AuuatuohuuCnrr7,
obart E 72,
u lfaoordeet ux to W. D. Coot•y at ux eluted C\•jltumour
24, page
d,' huuid+, a ruuc,, c„ro..
Al:cuJ �rSf
.1r
treat located on 1.11” - Punt, wnrklhl; t1M ;Ir: ,:,,,•..•
ot NW ourl,ur or Lot u, v\'y' ' , Id pule) 1,1, Inn In
jands of W1111umsun County, '1 4ualof Whlt.uI4.11 bran1Ll.uIIIL•,
lino of or,ld 66 ncre C;.nay tract :Incl U.. U..,,t
ut;,11 liub,l1vir.iuu, an roll ,,,:: ;; :.0 \,,;,:. hi' 10"
.54 tt., a le Pout auk; :; 19 dye, 1'5' is 049.50
.15 1t., u 10" Llvo Ouk; S 19 due. L•?' 1,0"
dug. Mt 5o" is 1.10.1;! rt., n IP,::t; und,
ur post, buuldu which Is round uu Iron
u Ing the SW comm r of Lal J0 111111 11140 Luing
toil Subdivision) fur the ,coat llurIl,,.,•ly �;
fen
t�
W 148.11 ft., •post) 871dde of acid 5 "IW214
75.26 ft., a 14" Poet Oak; 8 72 Cog. 23'W30'
I 50" W 264.48 ft., • poet; 8 71 deg. 08'
73.77 ft., s 14" Elm; 8 tib dog. 41' 40" W
an iron stake] and 8 54 deg. 09' W 67.19 ft.
an iron stake, narking the 11W corner of Lot
career hereof,
follThono pr0000ding along the West Nomline of
14" Ceder; 871d deg.
1630 E 52.15 tt.,'a 14" Pos
g. 06 E 415.47•ft., • du•d 10"
415.65 ft. to •n --•
oa stoke found In the East foncu
Casey tract closer/bed 1a Vol. 100, Fake 99, and Vol, 76,
•1so'baing•the ?E corner ot that tract.duacribed so col,.
.4uatunho Carr Bumpy io • deed from Parry 0. NeyfioLl
2titodSd ris t2 20,
1978, recorded is Vol. 721, poen 243, Du
moat Southerly A8 corner hr'•of.
ucr1• e:i:r•y rr..,:'•, .1;.d 11.• Il,r1.11
n, ua f,.11ur::: f,ll •b• ,,.' 10"
Pout knot; J (.y d•:r:. S"' •.,"
12" Pout Ouk; 8 /1 1':,•. . t,,
o 10" Cl:dnr: L (1 .,,y'. ,I,,
l'uul ,n•, W
a,k 1,.•::111•: "btcl, r,nm,l
curnur l,nit 1• rlt1u11 1:. four"!
Lull Cubdivlulul,; 1'S,• .,,. ,oulde
or
::n I.1 :;uhll l v i t. 1.,. •
due. .30' 1111" V. 49. r, 11. .I
1') •t"C• ''l'
Y.: d,•ucrial 1.41 ,,.:ry
u.1 IG!curd:;; •:1 :.i .Luke
•,i. Lyre:. 1/174 ..I' I.1N•
n
RP C'OR
AL or 1Nu L•. Ci
clearly legible R.
�woc nor.
dation
anomm
EXHIBI
EXHIBIT C-1
Page 13 of 25
Mali? "A"
ontinued
Y(11 780riet 61
leaving the East tepee line
•Ping the East
Lot 65of cold Co•ey 100 acro
• 11Rs of said 14n 229.556 tell euodlvlclon anti pt 1,„J 11 lois r u,.
of Vh1LQ
1 an On •aid0 Lound In ,acre tract no follows:i�roc^uJ1:. ulo,l3 ll.•.
old
which ifound d on 20" ivu Oak; 8 •/P due. OG' J u J`'1i 01' L. u
hic. 351 W Iron atuku; 9 G(, dug. 59' hUAW N 9.1.Ur f,.
rd East 5SRa 40" , crooning the "vcur,l Wuct. Ilnu .rr 1:��") rt., ;, 1 •
tEast
it aeid fence obovo dvecrittud GO acre Cure uc,1 Furey 1,M1 ,cru
line; tor. the 1W ournvr ltut•uo1 ruct, In ell ;;13•:'G
the co
the afar
in all
recce li
Tho coo
follow l li
N 45 dog. 41.
Post Ouk; N 46
about 5.00 f
III a concrete r
Thence proceedin:
N 18 dog. 40' 10" y
to a fence corner po
hereof.
ata
Thence• loavl� gild
re
atomic/ntloned whitetail 8
Cedar; t/ 70 de 33' p0" Ji 1•
37' 20" E 219.01 rt., • post;
202.77 ft., • past; N 71 dog.
tt., on iron ata>v fowrd; N 72
E 63.53 ft., a 12" Live Oski
containing 140.93 carte.
th fence line of cold &Luster tract, N lt1 slue.
the atoramentionod Cr0 core Caney Cruet
+'i Casey tract doe i i7 30" It, uroa.ing
nn,l tete O
A00
Vol. 0
o f• ► cr botl in V l ouch lfn. JI
post, boa Lde which is uv t 1,u f fon ctLith 1 fUt woJ rte
Road l7 �C for the
tit tla :;uuUi
the Souttwgawrly fr 1
ft. o coat, N 47 ,ick, 11' uuuty Howl ly,,, .r.
nuotionud 6 gore Ca
coot Westerly Litho,
NW corms*llur of
,42 ft., ncu In� of cn),I C
u F7V)15 ft.,
L1vv Ouki'.ft 44. kue. 1;1,9111ft., f�!''l'f r'L::t t..,.
Cr�1o566'� r en 10
, 1,c 543.'!1 rt. , ,.1:. , „
lino un,1 •' ; 1,1,11 N 1
r alto of o corner r'ur a .,11 t„ n 11„ 1:' 1,1 .1... i ..�..J
ttw L; :111 111:.,.•
•'t fence 1 ttt. Of th,: :+1',1r'nuhIt1Wu•J Coma), tlu.,,l 1 O.
oln •uld Erna funou 11„1', ;,,,,1 111 ;, r't. in .•, ,
tl 1e of on iron al;.ke; 1'0,• I.hu 11,1._1 E.,; l,• 1:1y :,.. ;,urnvr
ocuodlfg uloult u", Novo. r,•„c,, 1 111., Jr 1 i.
the South fence Niton 1,1• (.,l,. 19)' Lllru :`1,
, ao follows: N 69 dot,,. J1.' ',u° t 1(,1.3(1 CL., •, 1
t•! N 71 �' 0165.44 ft.,
rt.,, u post; rt •,•1 ,1 `
1 deg, 01.' ■
30" J:
1 .G3 ftl'j" r • pN t; n 71 1i, 1:. )f'
dee, 33' , a Cutler; N () J "
andN7 deg . ft, uG'Llv..t....s; N(•l1 i1," .id
20 1 x41,,99 tt. t, .1..
11, taw •,•inl. ,J`
1 of ,..�,: ..,, .,,C,
Mare 18 an overhead utility lino
plat.
Ile Lruct, 1,e ol,,vl, 1,l, Lh., at..•,..11., 11
"� itt
e.r.coeDre.c 1.711
I. ca:e .•.. 1,a
111,1., ter vLlataciory reeoraadnrt
THE STATE OF TEXAS
County of wulbasoa J
U( Chu
Ute /arreolty 4uuumrnt
14th
day of Ceo:.
17th
woe at Deo.
Deed
I, is na'N. gord,toe. Cork of Cha t at
4t *ruins. Ivo itt �uncaw of aurtrotlau
A.D. 1�_=3 t 20
A.D. se
' 19
ugly, do Weep etre
Innyoffloeoa
1,b reaorde4 Uu,
79• x•9,35
' +�., • �1� o•cloc
irnd,o Ne Ciao
CounItos oaf saidbald City, In Vol
Cavity, at office In Op,
uty
JAMES N. BOYD
Covnly Coun, WW
EXHIBIT C-1
Page 14 of 25
EXHIB
A -a
EXHIBIT B
RESOLUTION
CITY OF LEANDER
RESOLUTION NO.
A RESOLUTION OF THE CITY OF LEANDER, TEXAS, CONSENTING TO THE
RELEASE OF CERTAIN PROPERTY FROM THE CITY OF LEANDER'S
EXTRATERRITORIAL JURISDICTION AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT
WHEREAS, Parkside at Mayfield Ranch, Ltd., a Texas limited partnership ("Parkside").
owns or has an option to purchase certain land located in Williamson County (the "Land); and
WHEREAS, the 140.93 acre tract or parcel of the Land described in the deed recorded in
Volume 780, Page 58, Deed Records of Williamson County, Texas, attached hereto as Exhibit A.
and incorporated herein by reference (the "Conflict Area") is included within the City of
Leander's (the "City") extraterritorial jurisdiction ("ETJ"), as shown on the City's official map
of its ETJ; and
WHEREAS, the Conflict Area is also shown to be included within the ETJ of the Cit\ of
Round Rock ("Round Rock") on the official map of Round Rock's ETJ; and
WHEREAS, in order to resolve the conflict between the ETJ maps of Round Rock and
the City, Parkside has requested that the City release the Conflict Area from its ETJ to the ETJ of
Round Rock and consent to the inclusion of the Conflict Area in the ETJ of Round Rock, and
WHEREAS, the City is willing to consent to such release;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LEANDER:
Section 1. That the City hereby releases the Conflict Area from the City's ETJ to the
ETJ of Round Rock and consents to and confirms the inclusion of the Conflict Area within the
ETJ of Round Rock.
Section 2. No further action on the part of the City will be required to evidence its
consent to the release of the Conflict Area as described in Section 1, but the City agrees to
provide additional confirmation of such consent and release if requested to do so by Parkside or
Round Rock.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of
this resolution, or the application thereof to any person or circumstance, is ever be held to be
invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this
Exhibit B
Page 1 of 2
EXHIBIT C-1
Page 15 of 25
resolution, nor the application of such word, phrase, clause, sentence, paragraph, section or other
part of this resolution to any other persons or circumstances, will be affected thereby.
Section 4. The City Council officially finds, determines and declares that sufficient
written notice of the date, hour, place and subject of each meeting at which this resolution was
discussed, considered or acted upon was given in the manner required by the Texas Open
Meetings Act, as amended, and that each such meeting has been open to the public as required
by law at all times during such discussion, consideration and action. The City Council ratifies.
approves and confirms such notices and the contents and posting thereof.
PASSED, APPROVED AND ADOPTED on the — day of
2006.
SIGNED:
ATTEST:
• City Secretary
•
EXHIBIT C-1
Page 16 of 25
YOR
EXHIBIT A
Metes and Bounds
EXHIBIT C-1
Page 17 of 25
OTICE
rieE 58
WARRANTY DEED WITH VENDOR'S LIEN
437
That I.
conveyed
teanagemen
of the County
consideration of
Pr Mrtd by i8, Siete ser of Taut for ve by tew7hh only. aa.trvrd 1.1.76.
Tn ulra ,It proprr torn,. 111! In 81.,,1 ,parr', stair 0a, term proruimq ,w
l.un .pack1 arms ronsknrrr ,he prorr(cr of low. No "uanl.,d torn," tan
n,rr, aU rrpvlr(,nau,.
TEXAS
ON }
KNOW ALL MEN BY THESE PRESENTS:
oin.d herein by ny wife for the reason that the property herein
of our homestead and the conveyed property is under my solo
and other valuable
is hereby acknowledged,
RARE IN to pay/ �t�h�el--
Borho dated i6>r+eaa(
Bertha 0, Casey, with in
crlbed in a Deed of Tru
Volume 182, Pag. 893, Dt
and State of Texas
for and 1n
--Teri AND NO/100-----($10.00)------- --
-'------ -^---------- ------ DOLLARS
o undersigned paid by the grantee herein named, the receipt of which
nalderailon of THE AM8WIPTIQi9 OP AND AGREEMENT BY GRANTEE
that one certain promissory note executed by Curtis
original principal sue of 4193,260.00, payable to
*Ai ots provided! said Note is secured by and dee-
t ^ e with to Irvin Dogger, Trustee, of recor.d in
of Williamson County, Ismael
the payment of which note to accurcd by the vendor's lien herein retained, and l
of trust of even data herewith lo Tin L. Wright
have GRANTED, SOLD AND CONVEYED, and by these prescnu do GRANT,
ELNIA L. HcLESTER, Trustee
reel
of the County of Williamson
properly in Williamson
and State of Taxa.
County, Texas, to•wit:
by a dceu
Trustee,
Y unto
ibca real
, all of the fo
EEIMG 140.91 scree situated in Williamson County, Taus, and being a parte`
cula:1y described by esus and bound. in Exhibit "A" which i. •te•ched oreco
and mads a part hereof for •11 purpose..
r1
EXHIBIT C-1
Page 18 of 25
EXF
rp
VOL 'Osla 59
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
rterunoes thereto in anywise belonging unto the said grantee , hie heirs and assign
d I do hereby bind sayealf, 09 heln, executor and administrator to
ANT AND FOREVER DF.FEND all and singular the said promises unto the said grantee hie
signs, against every person whomsoever lawfully claiming or to claim the tame or any part
Weed that the VENDOR'S LIEN, es well as the Superior Title in and to the above
alned against the above described property, premises and improvements until the above
all int
II bee
cat thereon are fully paid according to the face, tenor, effect and reading thereof,
Lute.
sada and accepted subject to any and all conditions, restrictions,
or sineral reservations, if any. relating to the hereinabove described
t the mite may still be in force and effect.
EXECUTED • this day of
•
alaeZ , A. D. 19 79.
CURTIS RORHO
THE STATE OP TEXAS
COUNTY OP VILLIAMSON 1
Baton nit, the undersigned authority, on fhb day personally appeared
CURTIS WINO
known to rat o be the person....-.__. whose carni._.. -._....1a subscribed to the "
. a71t .aS�Qwkdaed b me
that.....- ht..__.. meowed the same for the purpose aed contideraslon thanln ax •1001'
peOlven uadu my hard mad seal of offi a on this the or • ". A D. 19 79.
(Acca°Mit lie OHM
•
Notary Pubic la gad •�
My conuniin..expirea..
• (Printed er stamped name of n
Coudty5 Texas.
EXF
EXHIBIT C-1
Page 19 of 25
•
•
da
da
descri
John
deed d
describe
from W. C.
130, Deed
was Conveys
in Vol. 1.00,
Deed Records,
Survey, A-122
11, 1944, rotor
Beginning at on
the above described •6
the South tone• line
recorded in Cabin { C,
corner hereof.
VOL 7KM! 611
EXHIBIT "A"
s for • tract of 140,93 Oeroa oituutud in Williamson County, 'feces; t•.•;„�.
pot of the following tracts; 1) thot tract described us cuntull,1111; .,1i uvrea
1, Allen Survey, A-36, in doods to LI, W. Cow), from: W. 11, C.iup,ull, .:t ux,
• 1 7, 1900, recorded in Vol, 91, puce 525, Dood Ilucordu; C. 11, Cu.,.;,1,,.11,
•• recorded in Vol, 95, pogo 390, Doug] Records; un,! Louis Cu140.1.11 ,•t al
, recorded in Vol. 150, pogo 170, Deed liecnr,lo, :.) hems tw,, ,.,•,,,•t;;
ear on the Jemoa 8, Putteroon Ourwity, A-5011, H,al 1,P.00 tl,c
A- 40 that wore conveyed from Rea. 0. J. W,,1F,ur Lu ll. w, C:,• ••y l,y
, recorded in Vol. 161, ;.up 381, Deed liucordt. 3) t)E,L 1.,;,ct
acres out'of the Jamas 5. Putterson Survey, A.;014 111 , 4,,ed
ey doted December 12, 1913 a»,1 rucnl,►e4 in Vul. 11,.1, 1•:,,.0
4070 tract out of tlw Annctoohu Curr L'urvuy,
ase• to u oey byl Walter R, Curpcntor dotal) Junuory 21, 19,11 ....uordud
e:e ••1 •, W,
el* dated May 7, 1896 and recorded to Vol. '1i1, 1'1+.:” G7,
rlbod co containing 60 acres •out of the Anuoteshu C:,rr
obort E. Krcnttl et ux to W. D, Coney ut ux doted :,;.Lu:uuur
24, pop 72, Died Aeaordo.
A, WY 1d4) u fuuur Cnrin•r pont, w,:u•klic tlw fir: ....I.....4' of
tract 'vented on Ow Allen Survey, c:, Id ;lulu'. 1,.: u,: in
ot11W oorli r or last 1'7 of Ilhltu lu i l
orde of 41111lurssun County, 'l'uxuai 1'or ll..: tie
Thence proceeding along
tones line of Lots 27 thru,
E 43.28 ft., • poet; 5 18 d
rt., a 12" Post Oak; 8 19 deg.
221.93 ft., an iron stake set
8 29 dee. 34' 20" s 43.24 ft.
stake, of said 66 acre Casey tro
10 the North fence line of Lot
corner hereof.
a line or eni4 (.6 Here C:,,:uy tract :,t.,l
tvlull aulnllv.it;ion, :u, 1" 1,.v,:: :; :'O ua,;. Ir(' 10"
.54 ft., a 12" Not. Oak; L' 1.9 dee. 15'
.15 t., u 10" Live ()oh; li 19 ,Iug. 1:" 40" L
,lel;. 26' 0" k: 113,11: EL., n 1'n.;;l; ural
ur ;4uwl, 1' ul,l.: vl,lch I;; round ;.H troy,
ing the SW corm,: of Lot 30 ;,".l :.14u Luing
toll Subdivision; fur the ,oust Iivrl.l„:,'ly Si
Thence proceeding along the South ,sou line
fence line of Lots 69 thru 66 of said Whltut:,ll
W 148.11 ft., a post; 8 71 deg. 17' 50" W 204
75.26 ft., a 14" Post oak; 8 72 dog. 23' 30
50" W 264.48 ft., s post; 8 71 deg. 08'
73.77 it., o iia" Eli; 8 66 dog. 41' 40" W
an iron stake; and 8 54 deg. 09' W 67.19 ft.
•n iron stake, marking the 110/ corner of Lot
OOroar hereof.
Thence procooding along. the Wept recce lino of
followas 5.17 deg. 16' 30 E 52.15 ft.,'o 14" Poo
14" Cedar; 8 18 deg. 06' E_ 415.47 ft., duod 10'
415.65 ft. to an iron stele found in the host fancy
Casey tract dcscrlbed In Vol. 100, pap 99, and Vol. 76,
also' bo ins• the KR corner of that tract described 00 con
Anastttnho Carr Survey in a deed from Perry 0. Dloyficld
doted Korai 20, 1978, recorded in Vol. 721, pogo 2431 Du
Taxes; for the soot Southerly SE carter Ilreof.
, Hcr„ C:.n••y l.r,,,:l., ,,,.•1 ,1.• IL,rLI:
n, u0 I'.•Iluw:.: .; 1,11 .,.•, 11.' 10"
feet Usk; U IN d,.) , ),.' •u" W
1!" Pout Ouk; t; yl •L:, :'h'
u 10" Cr,),r; 11'/1 .1.T. ,4' 10"
W
' Pout Ouk 1,.•:14.1., wIlrl, ,.. ,.,.,ng]
eurnar Inmt 1„•:,1.1,• wH.a, , ,'..ulld
toll ::u1,Jiviulu,,; 1'vr
dug. 10' 60" E a,)• ,• • 4 1 .. ..
l ;; 1') .1.•1; 4 4' ..
vu tL•::crlu•:.I I',. ...,r..
u•I I1.•curd.. ; •. • . . .:Au
v.,L ,.1 ..t,v
I,. 1b'L,:::l.•r, IY..:tuu
i I 1 iwu:;v1. L'..•,;, 1i,
Rrt on
All or4uu,.(t
Clearly lcgib)e !e
T,r1,•t
v,ac not
eanoa
EXHIBIT C-1
Page 20 of 25
>- --1 EXH
A
11010111111
1
](NIDI "A" continued
vnL 78OP1sE 61
lesving the East fence.11ne of ould Casey 100 ucra' tract ui"1 Ulu Ve,;t I:,,cv
aforementioned Lot 65 of Whitetail 8ubdtvlclon, and proceu.ing along
lino of said NOLester 229.556 acre tract as'followo; ;J 82 .ht;. 01' 3u" 41
en on stoke Lound Ina 20" Lin Ook; S 7; a.c. OG' 20" H :'11,0? rt.,
which is'found on iron otukul 9 (I Jug. 59' hu" N :!19.:'3 ft., :, 111"
dog. 35' 40" W, croueing the rocurll Nett lluu ul' ruid Cu::ey 11h1
rd Eost line of the obovo doscrihud GO ucrc Curry trust, in u11 c:G
t in said tunas liar; for the UN curnvr Ionia:,
rth fence line of cold McLustur tract, N 111 dug, 57' 30" lr, cr0111118
the aforeoentloned 60 oars Ouscy trucl an.i the Oouth 11n... or
ori Casey tract, dsscriboU in Vol. 160, h,nt;. 110, UvuJ ILL.c•,t•du,
a fence post, boatde which to u.t un iron ctuk., 1n t110 :Uutl,
Hoed 174 for Lha moot Westerly NN corner hereof.
the Southossturly, fence line of oni.l Cuuuty Iluu'I 17u,
.42 ft., o pont; N 47 dc(;. 11' E 147.91 ft., ,t ;,'l," P.,;:. t..,1,;
ft.fgrkud Liv. Ouk; td 44 dee, 35' 10" h: 1127.17 rt., „ 16"
Ga, 15 ft., un 111" I'u:;t Unk; uud N 4''. .I'•; 4:"
lire, untl ut 540.71 I't. 111 1:J1 L. a 1w0• u1 .,,.•
r tato of o caner: pout; 1'ur ;n1 In:.luv c.,rn':r (r: r,•,.r,
t fence line of t1M: :!1'nl•1:1N11L101,u11 County 17,•,
oln suld Enol (onto lie., :.r"I lit :'711.61 rt. ,n ,,.
is of on iron utuku; for lily 1w, t Eu t. rly cur ler
the •co
the stor
in all
fence 11
Thence
follows: N
N 45 dog. 41'
Post Ouk; N 46
about 5.00 f
in a concrete r
.1
7'hrnce procucdin:
tl 18 doh. 40' 10" W,
to a fence corner po
hereof.
Thence•losving said - ty o •nd ' oceedinn along tl"1 Nnrth fv"co 11n,: u1' 1.1,.
eforslauotlonud 66 rare Ca y r • t, • the South f. 'mu tlnur• .t i.,1.1: 111 thru
storwmontlon,d Whitetail 8 si• , oo follow; N 69 d.: ds• 11,' ',u" 1 1(,h,313 rt.,
"
Cedar; N 70 dna, 33' 20" 1: 3'.
37' 20" E 119.01 ft., a poet! •101 dors, 04' g0" 0165.44 rt., pout;�tlu71wt.,; tllrl •:1;,,E
202.77 ft., , post; Ji 71 dog. 1' 30" E .G5 ft , u ly" Cudur; N Gy J.:,;. :•'i' n,"
ft., on iron stake found; N 72 den. 33' y6
E 63.53 ft., a 12" Live Oak; end N 7 de ft., u G" LIvu U.e N (,'� ,1..,;, ' ;�,;•
containing 140,93 ocr,.. g• �" L 244'99 ft, to Uw !,„int of
Thor, is on overhand utility lino
plat.
THE STATE OF TEXAS
County of Williamson )
iffy ohm the tor,sol„s l,tsuumern k
11th
the
17th
Deed
day or Data..
day of Dec .
hlc trust, us the
p.?( OR1)TR.$ „' ti 1lfeNOCM
nr'.•. '3 •. r• r .11E page Kee rot
d 1. aiulo :br sa1U(actory recordation.
1, Jaines'N. Voyages. Cork of the
'walling. with Iteectlncate of suthacalco,
A,D.1_•,•u 3120
A.D.7 9 ' 913 b
' I9�
• o'rJoc
WITNPJJ MY HAND and ''Raoorda of uid County, In Yol ' 8'
hut above wawa. V� U1e Ceupt GbuA of Laid Comity, as office In Ceor
ugly. do hereby car.
In sty oma o0
o'c
my recorded this
uty
JAMES N. BOYD
Courtly Court. Wall
/ ,
asogime
EXH
EXHIBIT C-1
Page 21 of 25
•
EXHIBIT C
FORM OF JOINT REQUEST FOR AMENDMENT OF CCN APPLICATION
Glen Shankle
Executive Director
Texas Commission on Environmental Quality
PO Box 13087, MC 109
Austin, Texas 78711-3087
RE: City of Leander's CCN Applications; SOAH Docket Nos. 582-05-7095 and 582-05-
7096; TCEQ Docket Nos. 2005-0863-UCR and 2005-0854
Dear Mr. Shankle:
The City of Leander ("City"), Elmer McLester, Trustee ("Landowner"), and Parkside at
Mayfield Ranch, Ltd. ("Developer") (collectively, the "Parties) have reached a settlement of
issues related to the above referenced proceeding. Under the terms of the settlement, the City is
amending its application to release certain property owned by Landowner from its pending CCN
application No. 34790-C (the "Application"). The Parties request written approval from the
Executive Director of this amendment to the City's Application. Thank you for your time and
attention to this matter.
Sincerely,
• Representing City of Leander
Representing Elmer McLester
Representing Parkside at Mayfield Ranch, Ltd.
Exhibit C
Page 1 of 1
EXHIBIT C-1
Page 22 of 25
•
EHXIBIT D
FORM OF WITHDRAWAL OF PROTEST
LaDonna Castanuela, Chief Clerk
Texas Commission on
Environmental Quality
Office of Chief Clerk MC -105
P.O. Box 13087
Austin, Texas 78711-3087
RE: City of Leander's CCN Applications; SOAH Docket Nos. 582-05-7095 and 582-05-
7096; TCEQ Docket Nos. 2005-0863-UCR and 2005-0854-UCR
Dear Ms. Castanuela:
Based on the attached settlement agreement between myself and the City of Leander. I
hereby withdraw my protest in the above -referenced proceeding with prejudice to refiling. I no
longer wish to be a party in this proceeding. Thank you for your time and attention to this matter.
Sincerely,
Elmer McLester, Trustee
Enclosure: Copy of Settlement Agreement
cc: Attached Service List
Exhibit D
Page 1 of 1
EXHIBIT C-1
Page 23 of 25
CERTIFICATE OF SERVICE
City of Leander
SOAH Docket No. 582-05-7095;
TCEQ Docket No. 2005-0864-UCR
I hereby certify that on this the day of September 2005, a true and correct copy of
the foregoing document was provided by hand delivery, first class mail, or facsimile to the
following persons:
Honorable Cassandra J. Church
Administrative Law Judge
State Office of Administrative Hearings
300 W. 15th Street, Suite 502
Austin, Texas 78701
512-475-4994 (fax)
• Mr. Gabriel Soto
Ms. Christie Walters
Environmental Law Division (MC -173)
Texas Commission on
Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
512-239-0606 (fax)
Ms. LaDonna Castariuela
Office of Chief Clerk (MC -105)
Texas Commission on
Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
• 512-239-3311 (fax)
Representing the Executive Director
Mr. Blas J. Coy, Jr. Representing the Office of Public Interest
Office of Public Interest Counsel (MC -103) Counsel
Texas Commission on
Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
512-239-6377 (fax)
Mr. Arturo D. Rodriguez
Russell, Moorman & Rodriguez, L.L.P.
102 W. Morrow, Suite 103
Georgetown, Texas 78626
Representing the City of Liberty Hill
EXHIBIT C-1
Page 24 of 25
512-930-7742 (fax)
Mr. John J. Carlton
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701-2744
512-435-2360 (fax)
Mr. Nelson R. Barrett
P.O. Box 307
Liberty Hill, Texas 78642-0307
512-515-6172 (call before sending fax)
•
•
Representing the City of Cedar Park and
Elmer McLester
Representing Aligned Pro Se Parties Nelson R.
Barrett, Liz Hanna, James O. Hanley, Charles
Larry Hufford, and Wystan Wheatley
EXHIBIT C-1
Page 25 of 25
DATE: May 5, 2006
SUBJECT: City Council Meeting - May 11 2006
ITEM: 13.6.3. Consider a resolution authorizing the Mayor to execute
Amendment No. 1 to the Consent Agreement with
Parkside at Mayfield Ranch, Ltd. regarding the creation of
Parkside at Mayfield Ranch Municipal Utility District.
Department: Administration/Legal
Staff Person: Jim Nuse, City Manager/Steve Sheets, City Attorney
Justification/Background Information:
In April, 2005 the City and Parkside at Mayfield, Ltd. (the "Developer") entered into a
Consent Agreement which provided for the creation of the Mayfield Ranch Municipal
Utility District. At the time of the agreement, both parties were of the understanding
that all of the Developer's land ("Land") was within the ETJ of Round Rock. Several
months after the approval of the Consent Agreement, the City of Leander produced
records that established that a portion of the Land was in Leander's ETJ.
The Texas Commission on Environmental Quality requires that an applicant for a
MUD is required to obtain the consent of all cities within whose ETJ any part of the
proposed MUD is located. After many months of negotiations, Leander agreed to
release its ETJ to Round Rock in exchange for the Developer paying to Leander the
sum of $200,000.
The Developer is now requesting that the Consent Agreement be amended to reduce
the amount of the fees it will pay to Round Rock from $1,600,000 to $1,400,000.
Staff believes that it was an understandable mutual mistake on the part of both
parties that the Land was located entirely in Round Rock's ETJ. Staff also feels that it
is equitable to reduce the fee to be paid to the City by the $200,000 that was paid to
Leander, and therefore, recommends that the council adopt the resolution approving
the amendment to the Consent Agreement.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
AMENDMENT NO. 1 TO CONSENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
The City of Round Rock, Texas, a home rule city located in Williamson County, Texas (the
"City"), and Parkside at Mayfield Ranch, Ltd., a Texas limited partnership ("Developer"), previously
entered into a Consent Agreement dated effective April 14, 2005 (the "Consent Agreement"), under which
the City and the Developer agreed on certain terms and conditions relating to the creation of Parkside at
Mayfield Ranch Municipal Utility District (the "District').
As recited in the Consent Agreement, the City and the Developer entered into the Consent
Agreement based upon their mutual understanding, that all of the land to be included within the District
(the "Land") was located within the City's extraterritorial jurisdiction, as shown on the City's official
maps and records reflecting its extraterritorial jurisdiction; however, it was subsequently determined that
approximately 140.93 acres of the Land, as more fully described on the attached Exhibit 1 (the "140.93
Acre Tract") was actually within the extraterritorial jurisdiction of the City of Leander ("Leander"),
which had added the 140.93 Acre Tract to its extraterritorial jurisdiction, upon the petition of the then -
landowner, in 1979, prior to the City's inclusion of the 140.93 Acre Tract within its extraterritorial
jurisdiction in 1987.
Upon discovery of this mutual mistake, the Developer was compelled to withdraw its application
for approval of the District then pending at the Texas Commission on Environmental Quality and to
negotiate with Leander to release the 140.93 Acre Tract from its extraterritorial jurisdiction into the
extraterritorial jurisdiction of the City. As a part of the consideration for this release, the Developer was
required to agree to pay Leander the sum of $200,000 out of the first proceeds of bonds issued by the
District.
In recognition of their mutual mistake and the sum which the Developer will pay to Leander to
obtain the release of the 140.93 Acre Tract, the City and the Developer agree that the Master
Development Fee, as defined in Section 2.01 of the Consent Agreement, will be reduced by the $200,000
to be paid by the Developer to Leander for the release of the 140.93 Acre Tract.
1. Amendment to Section 2.01 of the Consent Agreement is amended to read as follows:
Section 2.01 Master Development Fee. As consideration for this
Agreement, Developer agrees to pay the City a Master Development Fee of up to
$1,400,000 out of proceeds from the issuance of bonds by the District. This Master
Development Fee will be calculated at the rate of 8% of each bond reimbursement
received by Developer from the District for construction, geotechnical and engineering
expenditures advanced by Developer for water, wastewater and drainage facilities, in
accordance with the formula attached as Exhibit C; however, until such time as the
Developer has recouped the $200,000 required to be paid to Leander in accordance with
the Agreement Regarding Parkside Tract attached as Exhibit C-1, the Master
Development Fee will be reduced to 2% of each such bond reimbursement. Each
installment of the Master Development Fee will be payable to the City if, as and when the
bond reimbursement upon which the fee is calculated is received by Developer.
2. Amendment to Exhibit C. Exhibit C to the Consent Agreement is deleted and
replaced with Exhibit C and Exhibit C-1 to this Amendment.
216699-2 03/08/2006
R -o6 -o5 -ii -1363
3. Defined Terms. All terms delineated with initial capital letters in this Amendment that
are defined in the Consent Agreement have the same meanings in this Amendment as in the Consent
Agreement. Other terms have the meanings commonly ascribed to them.
4. Effect of Amendment. Except as specifically provided in this Amendment, the terms of
the Consent Agreement continue to govern the rights and obligations of the parties, and all terms of the
Consent Agreement remain in full force and effect. If there is any conflict or inconsistency between this
Amendment and the Consent Agreement, this Amendment will control and modify the Consent
Agreement.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates
indicated below.
CITY OF
By:
Name.
Date: yor 5- /1- 040
2
216699-2 03/08/2006
216699-2 03/08/2006
3
PARKSIDE AT MAYFIELD RANCH, LTD.
By: BJM Mayfield Ranch, GP, Inc., a Texas
corporation, its General Partner
By:
Blake Magee,. President
Date: (13 (0 6
•
•
•
da
da
descri
John
deed d
describe
from W. C.
,130, Deed
was conveys
in Vol. 100,
Deed Records,
Survey, A-122
11, 1944, recon
Vnt ?800!1 60
•
EXHIBIT "A"
s for a tract or 140,93 acres altuutud in Willluusun County, '1'vsuu; 1,.•i11;
part or the following tracts; 1) thot tract dusoribcd um cuntul,,lnl;id. uervs
b, Allen Survey, A -3b, in doods to U, W. Cuauy Crean W. U, Cu,vl,uul1, .:t I,x,
1 7, 1900, recorded in Vol. 91, put;c 525, Deed Ikcoreu; C. 11, Cu...1l,.:11,
•• recorded in Vol, 95, pogo 390, Duud Rucord,I; u,I4 Leula Cuwi'L,.•I1 ,•t al
, recorded in Vol. 158, pogo 170, Deed Hucnr,la, 2) them) Lw., 1.,•...•1.:;
mor on the Jams S. Puttoroon Curvy, A.h04, ,,,,,I 1P,00 „C,•.,:: .,,, Lim
a- 40 that wore conveyed from Neg. 0. J Walker to U. W. U:,• ..y 1,y
, recorded in Vol. 161, page 381, Deed Itucorda. j) tI.:, I; L, .,ct
eros out'or the Jones S. Putterson Survey, A0;04 1i, u •Ioed
ey doted Decombo? 12, 1913 and recorded In ' ul. 11,11, 1,:10:
acro tract out of the Aunctuahu Curr th,ry, y, A-1;';' LI,,,L
oey byl Walter 0. Curpcntcr Saved January 21, 1''AI .•.:corded
W. alai dated Hey 7, 1896 and rucorded in Vol. '(0, ;,u,;: G7,
Abad as contoint,IC 60 aeras •out of the A„uotusllu t::,rr
obort E. Xrentcl of ux to W. D. Cuouy ut ux doted :.•1.Lu;uuur
24, pogo 72, Duca A1loordo.
d,• Weide u rune.' c1,r,n'r rout, wnrklul; thy 11 : .r.0 ,..•,• or
Croat loeutud on th•' Allen Ju,'Vuy, i.,ld 1.•ulut t,.:iu,: In
"• '� NW eul•llur or hot '.'7 of WhltuLnl1 ❑th,I(vi,:li•,,,
o1'da o!' Wllliun,aen County, 7'exusl for ll,.: iii;
Beginning at on
the above described
the South fonoe line
recorded 1n Coblaet C,
corner hereof.
Thence proceeding along
fence line br Lots 27 thru
E 43.28 ft., s post; 5 18 d
rt., a 12" Post Oak; S 19 dcg.
221.93 rt., on Iron stake set
8 29 deg. 34' 20" B 43,24 rt.
stake, of said 66 acre Casey tro
ID the North fence line of Lot
corner hereof.
llnu or ani•1 66 acre C:.rcy tract :,n0 Ll"• ',;,•:,L
et:,il ::uhdlv.ir,iuu, un I'.111„v,:; :; PO u.:,: Ir(' 10"
.54 ft., a 1?." font Uuk; L' l.t) 'Ave, 15' i. .01.50
.15 t., u 10" Live Ouk; S 19 duo, 1:" l.i," 1•
Ir; • 1 dui; 26' S0" k: 1.1..1i! 1'L., „ 1a.ct: urd,
ur punt, twuId.: 'high Is 1'vu1,1 ;.i. Iron,
ulna the SW cor4,.r or Lot j0 uu.l Mau Luing
toil Subdivision; fur the moot Jlw•ih.:rly
Thence proceeding along the South •ncu
fence line of Lots 69 thru 66 of said WI,Itut:,Jl
W 148,11 rt., s poatl 8 71 deg. 17' 50" W 204
75.266 ft., a 1411 Post Oak; 8 72 dog. 23'
5o W 264.48 ft., • poet; 8 71 deg. 08'
73.77 it., a IA" Ela; 8 66 deg. 41' 140" v
an iron stake; and S 54 deg. 09' W 67.19.ft.
an iron stake, marking the NW corner of Lot
comer hereof.
. mer.' l;,n,•y L.'...:l., ..,,.I lin. 11ur Lll
n, uu 1'. Iluv:.: .. LI1.b•,,, u. 10"
Pout Uuh; 0 .'y d.:l;, )' , ,'1" W
12" Pint Uuk; :i 71 •i.; :v,'
u 10" C,?dur; :. 7i u,y , 11, • In" .W
" Pout Oak whirl, ,..
• � send
curlier 1wn,l, I„•:.iJ.• wuiw i ,'.,mini
tell ::uhdiviuluu; I'.,r .,.. ,i,c,de
Thence proceeding along the Weot Noce lin), of
follows: 8.17 deg. 16' 30 E 52.15 ft.,'a 14" 1'os
14" J
Cedar; 8 18 deg. 06' E 115.47'rt., a dual 10"
415.65 ft. to an iron stake round in the East fence
Casey tract described in Vol. 100, pace 99, and Vol, 78,
also'baing•the NE corner of that tract•duscrlbed tic col,
Anastunho Carr Survey in a dead from Perry 0. Moyflold
dstod Norah 20, 1978, recorded in Vol. 721, pogo 243, Du
Taxan; for the most Southerly .3,E cornor lvof.
5 o1' . .,..
del;• 1O' l,u" I•: 4y, r • D 1„
l l: 1'1 .1,1:• 41'
vu d.•:;crit..:d 0+1 .,.:ru
•u•, II.'cur,L;; . Luku
h.
l ,
EXHIBIT 1
Page 1 of 2
RF.t';l)R
AU or t„u l 41 +.
clearly legible Yu
T.TM
.was not
dotter..
•
XNIEI "A" continued
VRL ?SOPif:E 61
leaving the East tense• line of Quid Casey 100 ucru' tract nail ll,u Wc•,:t 1r:,,«•
aforementioned Lot 65 of Vhltotuil Subdivision, ,n.1 procuuUtng ulo„g .1.•:
line or said 1toLester 229.556 acre tract oil 'follovo: aJ Ltd avg. 01' 31.1"
an on stoke Lound in 20" Livu Ook; 8 7 neg. OG' S0" w :'11.0?
• aid which la' found on iron aWku; O (4' Jul;. 59' hu" w :'19..'3 t't., RI"
deg. 351 40" 'W, arousing thu rucurd Haat 1h I sal' cuiu t:ur•'uy 11x1 .,cru
rd East line of the obovo dvscril,utl GO ucrc Cuovy trust, in u11 ;;•y,zG
t in said tuna• line; for. thu CW corner huruot.
rth fence line of cold McLust.,r tract, N 111 lug, ,7' 30" tl, crossing
the aforeteentioncd 60 acre 0uscy trust ow} the raouo, liar or
ori Casey tract, deacribod 1n Vol. 1GO, pogo 130, UvuJ nct,.ltlu,
a fence post, boa We which ie uv 1. un iron ctnhe, 111 tl.0 Louth
Road 17 h for the coot Wuaturly f W corlw,• lwruor.
the 5outhoaat.erly, room, llnu of ont.l Cuuoty Ruud 17u,
.42 ft., o post; N 147 Clog. 11' L 147.')3 1'l,, is
uft./19 forkud L1v4: Ouk; N III, .k,C. 15' to" F. I,"1.17 1't. ,
mac. 15 rt., tun 1B" l'u:ft Oak; nud N 1.r, ,1.•,., I,;,• .,u" I., ,t
lino, and ut 543.71 rt. to ail t„ UL u,, r.•...i
r alto of o eurtw; l'wl; for ;,,I I.c.1J.: t:,,rin:,' h.: r.•", ,
t fence line of Um u1'tr1'utountlo,u:J County Ito,..!
oln sold Eliot fence line, :,..l nt :'14.ti1 1't. .o
10 et on iron utuku; 1'w' the ,uu::t }::.t:t.•r1y u.vwr
the -00
tho &tor
in •11
fence li
.1
Tho ono
tolloval N
N 45 dog. 41'
Post Ouk; N 46
ebout 5.60 t
in a concrete r
Thence procvedin: al
N 18 dog. 40' 10" W, c
to • fence corner po ,
' hereof.
Thence' loavinj said
stor•nuotloned 66 sore Ca
•foresuntion•d Whitetail 8
Cedar; N 70 dee, 33' 20" E 1
37' 20" E 119.01 ft., a post;
202.77 rt., • post; N 71 dog.
tt., on iron stake Lound; N 72 deg. 33'
E 63.53 ft., a 12" Live Oak; end N 7
containing 140.93 acres.
ocueding ulonnt ti", North 1'.,c... 1 to.: ut' 1.1..
;ha South i'vocu lUtur. sal' 1.,tc 111 tiru :'a .,. :",
, oa follow: N G9 dug. 11.' ',u" . 1(,1,.18 rt., , •"
t.; N 71 t 04' 40" L•: 317.Ut1 1'l., u Lost; rl '.1 .1.•,•
1 deg, 04' 0" 165.44 rt., a ;mut; 11 '(1 J,.,., i( ..1'
1' 30" E .G5 rt , u 11j" Cutur; N (.) J,:I'. :'y' i.,'• . • :.33
•�" ft , u G" Ll vu U;.k; 14 (.') ,I••i.. n i . ;0"
1 '244.99 rt. to t1.: L,..lnt ur't•v,•. ,.u,nc,
Thorn is on overhead utility lino
plat.
• THE STATE OF TEXAS
Counlr of Williamson )
1, Linb'N. Bordaton, Clerk of um w.
drY duu the forgoe* trinomial 4r effilIns, with IIs tatlficate of autheatkm
11th
Deva,•
7•• 31 20
day of ---.7._____ A.D. 11____;,'ac
the17th Deo.
defy of„�r A.D.' 19 9 e 9 13 5
hlc .runt, u:: alo.wo vu ow ucu...q...,jtne,
P.Y.CORDTR.S
art•..' •• r .! fr Cage w'.. not
giblo far satisfactory recordation
Deed
WI lax a ve HAND and e4e1 s G t • x.cor s of said County, In vd ` S'
• Int shows winos. p�;h "a Open of said Conan., as office In 0eor
satyr do Aereby co-
la my office on
sly recorded this
o'cloc
u'y
JAMES N. BOYD
Cr.ualy Coon. MU
daft
I
EXHIBIT 1
Page 2 of 2
EXHIBIT C
Master Development Fee Calculation
TOTAL MUD BOND ISSUE AMOUNT: $
Less:
Non -Construction Costs:
Legal and Financial Advisory Fees:
Interest Costs:
Capitalized Interest
Developer Interest
Bond Discount $
Administrative and Organization
(including creation costs and operating
advances)
$
$
$
Bond Application, Market Study $
TCEQ Bond Issuance Fee $
Total Non -Construction Costs: $
Application, Review and Inspection Fees $
Site Costs $
Offsite Costs $
Total Deductions: $
NET ELIGIBLE MUD BOND ISSUE AMOUNT $ *
TIMES MASTER DEVELOPMENT FEE PERCENTAGE: Until $200,000 Leander
payment under Exhibit C-1
recouped, 2%
After $200,000 Leander
payment under Exhibit C-1
recouped, 8%
MASTER DEVELOPMENT FEE AMOUNT: $ -+
* based upon costs approved for reimbursement under applicable TCEQ rules, and an audit of developer
reimbursables performed at the time of each Bond issue
4
216699-2 03/08/2006
COPrie
AGREEMENT REGARDING PARKSIDE TRACT
This Agreement Regarding Parkside Tract ("Agreement") is entered into as of February
9, 2006 (the "Effective Date"), between the City of Leander, Texas ("Leander"), a Texas home -
rule municipality, Parkside at Mayfield Ranch, Ltd., ("Developer"), a Texas limited partnership,
and Elmer McLester, Trustee ("Landowner"). Leander, Developer and Landowner are
sometimes individually referred to as a "Party" and collectively referred to as the "Parties".
Each of the Parties confirms that it has the authority to enter into this Agreement and the ability
to perform its obligations under this Agreement, without the further approval or consent of any
other person or entity.
Recitals
WHEREAS, Developer has an option to purchase approximately 370.486 acres of land
located in Williamson County (the "Land"), as more particularly described in the deeds recorded
in Volume 721, Page 243, and Volume 780, Page 58, Deed Records of Williamson County.
Texas, attached hereto as Exhibit "A-1" and Exhibit "A-2" and incorporated herein for all
purposes, from Landowner; and
WHEREAS, the 140.93 acre tract or parcel of the Land described in the deed recorded in
Volume 780, Page 58, Deed Records of Williamson County, Texas, attached hereto as Exhibit
"A-2" (the "Conflict Area") is shown to be within Leander's extraterritorial jurisdiction
("ETJ") on Leander's official map of its ETJ and is also shown to be within the ETJ of the City
of Round Rock ("Round Rock") on Round Rock's official map of its ETJ; and
WHEREAS, based on Developer's and Landowner's understanding that all of the Land
was within Round Rock's ETJ, Developer and Landowner previously obtained certain
development approvals from Round Rock covering all of the Land, including the Conflict Area:
including Round Rock's approval of the creation of a municipal utility district over the land, to
be known as "Parkside at Mayfield Ranch Municipal Utility District" (the "District"), and
WHEREAS, a portion of the Land is currently included within the water service area of
Leander under its Certificate of Convenience and Necessity ("CCN") No. 10302 (the "Water
CCN"), while the remainder of the Land is included within the service area of the City of
Georgetown ("Georgetown") under its water CCN, and water service is presently available to
the Land from Georgetown, which has agreed to provide water service to the Land; and
WHEREAS, Leander has filed an application (the "Wastewater Application") to amend
its CCN No. 20626 for sewer service (the "Wastewater CCN") with the Texas Commission on
Environmental Quality ("TCEQ"), requesting, among other things, that the Land be included
within Leander's wastewater service area under the Wastewater CCN; and
WHEREAS, Landowner has protested the Wastewater Application in the proceeding
filed with the State Office of Administrative Hearings under SOAH DOCKET NOS. 582-05-
7095 AND 582-05-7096 and TCEQ DOCKET NOS. 2005-0864-UCR AND 2005-0863-L'C R
(the "Proceeding"); and
EXHIBIT C-1
Page 1 of 25
WHEREAS, the Parties desire to resolve the jurisdictional conflicts affecting the Land in
order to allow development of the Land to proceed;
NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations
and benefits set forth in this Agreement, the Parties agree as follows:
1. Release of Conflict Area from ETJ. Leander hereby agrees to release the Conflict Area
from its ETJ into the ETJ of Round Rock. On the date of this Agreement, Leander has
adopted the Resolution attached as Exhibit "B", consenting to the release of the Conflict
Area from its ETJ in accordance with Section 42.023, Texas Local Government Code.
2. Release of Land from Water CCN. Leander agrees to release the portion of the Land
presently included within the Water CCN from its certificated service area. Developer
agrees to prepare, and Leander agrees to execute, an "Application to Obtain or Amend a
Water or Sewer Certificate of Convenience and Necessity", in the a form promulgated by
the TCEQ to effectuate such release, and to deliver such application to Developer for
filing and processing with the TCEQ. Developer agrees that all costs of preparing, filing
and processing the application, and providing all required public notices, will be borne by
Developer.
3. Removal of Land from Wastewater Application and CCN. Within 15 calendar days
of the Effective Date: (a) Leander agrees to file an amendment to the Wastewater
Application with the TCEQ, which amendment will include an executed copy of this
Agreement and a new map which deletes the Land from Leander's proposed wastewater
service area, and (b) the Parties agree to jointly request the written approval of the
executive director of TCEQ to the amendment of the Wastewater Application to exclude
the Land in the form attached as Exhibit "C". Within five days of the Leander's delivery
to Landowner and Developer of a copy of the amendment described above. with
confirmation of filing with the TCEQ, Landowner will withdraw its protest of the
Wastewater Application by filing the withdrawal letter attached as Exhibit "D". If, for
any reason, the TCEQ does not remove the Land from the Wastewater Application and
the Land is included in Leander's Wastewater CCN, then Developer agrees to prepare,
and Leander agrees to execute, an "Application to Obtain or Amend a Water or Sewer
Certificate of Convenience and Necessity", in the a form promulgated by the TCEQ to
effectuate the release of the Land, and to deliver such application to Developer for filing
and processing with the TCEQ. Developer agrees that, in such event, all costs of
preparing, filing and processing the application, and providing all required public notices.
will be borne by Developer.
4. Consideration. As consideration for this Agreement, Developer agrees to pay the City
the sum of $200,000 in the form of cash, a certified or cashier's check or other
immediately available funds within 30 days of closing of the first sale of bonds by the
District. At the first meeting of the District's Board of Directors, the Developer agrees to
obtain the District's written acknowledgement of this obligation of the Developer, and its
agreement to fund such consideration directly to the City at the time of the sale of bonds.
if requested to do so by the City, and to provide a copy of the District's
acknowledgement and agreement to the City.
2
EXHIBIT C-1
Page 2 of 25
5. Additional Agreements of Developer Regarding North Brushy Creek Wastewater
Main. The City acknowledges that the Developer is in the process of negotiating a cost
participation agreement to jointly construct and fund a wastewater main between FM
1431 and FM 179 (the "North Brushy Creek Wastewater Main"), and that the City
desires that the North Brushy Creek Wastewater Main be sized to include 5.5 MGD of
capacity for the City. The Developer covenants and agrees: (i) that Developer will not
enter into any agreement for the financing or construction of the North Brushy Creek
Wastewater Main unless the main is sized to include 5.5 MGD of excess capacity, and
(ii) that the Developer will support the purchase of the North Brushy Creek Wastewater
Main by the Brushy Creek Regional Wastewater System for a purchase price equal to its
cost plus interest at a rate not to exceed 6%.
6. Term. The term of this Agreement will commence on the Effective Date and continue
until the date on which the Conflict Area has been released from Leander's ETJ, the Land
has been released from Leander's Water CCN and the Land has been removed from
Leander's Wastewater Application.
7. Remedies. If Leander defaults under this Agreement, Developer may enforce this
Agreement by seeking a writ of mandamus from a Williamson County District Court to
compel Leander's performance of its obligations hereunder. If Developer defaults under
this Agreement, Leander may enforce this Agreement by seeking injunctive relief from a
Williamson County District Court. In the event of a default, 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.
8. Cooperation. Leander and Developer each agree to execute such further documents or
instruments as may be necessary to evidence or to effectuate their agreements hereunder.
9. 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 three 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:
LEANDER:
City of Leander
200 W. Willis St.
Leander, Texas 78641
Attn: City Manager
With Required Copy to: Law Offices of Barney Knight
223 W. Anderson Lane, Suite A-105
3
EXHIBIT C-1
Page I of 26
DEVELOPER:
LANDOWNER:
With Required Copy to:
Austin, Texas 78752
Parkside at Mayfield Ranch, Ltd.
1011 N. Lamar Blvd.
Austin, Texas 78703
Attn: Blake Magee
Elmer McLester, Trustee
1411 West Ave., Suite 200
Austin, Texas 78701
Sue Brooks Littlefield
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
The Parties may change their respective addresses to any other address within the United
States of America by giving at least five days' written notice to the other Party.
Developer may, by giving at least five days' written notice to Leander, designate
additional Parties to receive copies of notices under this Agreement.
10. 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 of that or of any other
provision, and a Party may at any time thereafter insist upon strict performance of any
and all of the provisions of this Agreement.
11. Applicable Law and Venue. The interpretation, performance, enforcement and validit}
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.
12. Entire Agreement. This Agreement contains the entire agreement of the Parties. There
are no other agreements or promises, oral or written, between the Parties regarding the
subject matter of this Agreement. This Agreement can be amended only by written
agreement signed by the Parties. This Agreement supersedes all other agreements
between the Parties concerning the subject matter.
13. Exhibits, Headings, Construction and Counterparts. All schedules and exhibits
referred to in or attached to this Agreement are incorporated into and made a part of this
Agreement for all purposes. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the paragraphs.
4
EXHIBIT C-1
Page 4 of 25
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. 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.
14. 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.
15. Authority for Execution. Leander each certifies, represents, and warrants that the
execution of this Agreement is duly authorized in conformity with its City Charter and
City ordinances. Developer hereby certifies, represents, and warrants that the execution
of this Agreement is duly authorized in conformity with the articles of incorporation and
bylaws or a partnership agreement of each entity executing on behalf of Developer.
16. Exhibits. The following exhibits are attached to this Agreement, and made a part hereof
for all purposes:
Exhibit A-1 — Deed Recorded in Volume 721, Page 243, Deed Records of
Williamson, Texas, containing a Metes and Bounds Description of
229.556 acre tract of land
Exhibit A-2 — Deed Recorded in Volume 780, Page 58, Deed Records of
Williamson County, Texas, containing a Metes and Bounds
Description of 140.93 acre conflict area
Exhibit B — Resolution Releasing Conflict Area from Leander's ETJ
Exhibit C — Form of Joint Request for Amendment of CCN Application
Exhibit D — Form of Withdrawal of Protest
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the
dates indicated below.
CIT F L ; ANDER
By:
J D. Cowman, Mayor
Dat
5
EXHIBIT C-1
Page 5 of 25
•
•
6
PARKSIDE AT MAYFIELD RANCH, LTD.
By: BJM Mayfield Ranch, GP, Inc., a Texas
corporation, its General Partner
By52--
Blake Magee, President
Date: Z /3 76‘
LANDOWNER
EXHIBIT C-1
Page 6 of 25
By:—/ v 1 J
Elmer McLester, Trustee
Date: a/ N/06
MEE
Papaws ty the Starr &.I or 'rasa, for sts by Lr%Wire only.
re NW/ Mr pupa loan. M 4 ILa! rsa, Na04 0.1 /aro, po,ruwU a Aun
World wau tum dria a ram Murky al Sam Ka ,.ah..s641 /oi... can awry el
/CIYbrawaca,
721 IMA 2.43
vo
WARRANTY DEED WITH VENDOR'S LIEN
STATE OF TEXAS
TY OF WILLIAMSON
}
3914
KNOW ALL MEN 1:1Y THESE: PRESC•rT�
, PERRY 0. MAYIIELD and wife, VIVL N MAYYIRID
which I cion Mrd, end the furtturconsiderotlon of the execution and delivery by orancaa
of AL on car in oeiaaory note of eves date herewith, In the principal atdn of
$751, •,p0 •aye• to the order of Grantors in annual inetallmente and bearing interest
as therei. Pry d ontaining the usual clauses providing for acceleration of mat.rl:y
end for
Williamson
and State or T
for snt
m or --___TIN AND NO/100•--------(@10.00)----------DOLLAkS
ration 10 the .under Igned paid by the grantee herein named, the rctz pi of
the payment of which note is secured by the vendor's lien he
'nisi ofeven date herewith to 0. Whi
have CRANTI:D, SOLD AND CONVEYED, and by these pre
EI.1OR L. McLISTnR, TR
of the County of Wllliaaaoo
property in Williamson
adgrtl0nally secured ty r JCc0
T rtsi:c
ELL AND CONvF.r ,neo
and Shale of Tex.✓ SII the followrny deunbtC rtu
County. Texas, to -wit:
BEING 229,556 cases of land, sore or leas, out of the A.
No. 122, in Williamson County, Taman, being mors parcicul
Deed to Sellers herein of record In Volume 492, Page 177, -
Williamson County) Tessa, . and .being mass particularly deme be
bounds .in Exhibit "A" which is attached hereto for all purpoa a,
to aasosanta and restrictive covenants of record.
Abstract
to
cords o�
eq. )ind
bj fcc
mommommommi
EXHIBIT
EXHIBIT C-1
Paup '7 of �C
721 ncr244
VE AND TO MOLD the above described premises, together with ell and Lingular the rights and
thereto in anywise belonging unto the said grantee , . his SUCCS••ore+ and assign+
do hereby bind ourselves end our helm, executors Ind adminlstraton to
OREVDEFEND all and singular the said premises unto the said grantee , hie
parson whomsoever lawfully claiming or to claim the same or any put
described. p
described note
When !his Deed shall
the VENDOR'S LIEN, u well Is the Superior Title in and to the shove
he above described property,premises and Improvements until the above
ereon ars fully paid according to the five, tenor, effect and reading thereof,
"'YIELD
,A. p. 19
(AsItowtadl rat)
THE STATE OF TEXAS
COUNTY OF. VILLIAN801f.
Dijon rag, Na undardlaad authority, ea this day pamo•allY appeared
•
FE1LIT 0. KAYIICLD'end wile.'VIVIAN )A"'YIILD
knows to me to be the parson j,__,;, wit*, same l ._...tiFsa.__ subscribed to Ike foragoiae Inatm
That,__ _ ►s ,y,_, sxaoutad IM tams for Ile purposes tad ooasidanUon.thenln aapr•wJ.
Olwn ander my kaad.and anal ad offla.oa this the . 0 ✓y day of July
{;.• %� t%iary'}i(t+ik in and Tor Williamson•
eel to Ta
EXHIBIT C-1
Page 8 of 25
\�>
7
EXHIBIT
• W 1 I T "A"
FIELD NOTES FOR PERRY HAYFIELD
Yv. 721. PAtZ 2 4 5
Being a 229,556 acre tract or parce], of land out of the A. Carr
Survey, Abatraot'No. 122 situated in Williamson County, Texas, being
all of that same tract conveyed to Perry Mayfield described in a
deed recorded 'in•Voluna 492, Page 173 of the Deed Records of said
County, said Mayfield Tract being more particularly described by
ea and bounds as follows;
nine
y•R
at an iron pin set by a fence corner in the East margin of
No. 175, said point being the Southwest corner of said
at/
er)y ths•tollowing three (3) courses along said East
e(1:' (1) N.37.38'S0"W. 257.20 feet to an iron pin
•21'05•W.• 257.68 Leet to an iron pin set,•43)
15.13 feet to an iron pin set by a fence corner for
sof;
5"E. 370.58 feet to an iron pin set by a fence
ell corner hereof;
THEN•' 47'W. '80.48 feet to an iron pin set and N.33.10'20'11.
371,3; e t n ron pin set by a fence corner for an ell corner
hereof;
THENCE' N. fence
corner fo
.16 feet to p an iron in set by
a
or hereof!
8,25 feet to an iron pin found by a fence
ergot,
THENCE N.57•
corner for a
THENCE N.17.21'
352.17 feet to
northerly North
THENCE easterly th ow g 1
of said Mayfield Tr •t, e Nor
988,47. feet to an •i •n •in set;
iron pin set: (3) N. "39405"E.
a 12" P.0,;• (4) N.72.11'E.
L.O.1 (5) N.82'Ol'E. 700,
for the Northeast corner
THENCE southerly the foll
said Maydield tract, the E
feet to an iron pin found;
pin found; (3).5.18•59'30'E,
S.17.48'15"E. 739.60 feet to a
428.11 feet to an iron pin sett
iron pin set by a fence corner
Tract;
t to an iron pin set and N.17.20'25'E.
at a fence corner for the most
of;
ive (5) courses, along the North line
th ne hereof: (1) N.66.59'40'E.
.66.32'20"E, 554.97 Leet to en
2 feet to an iron pin set by
t to an iron pin sat by a 12'
iron pin set by a fence corner
urges along the East line of
e sol; (1) 5.20.24'20"E, 84.50
0"E. 657.20 feet to an iron
to an iron pin founds (4)
set; (5) S,19.32'2S'E.
06'15"e. 345.32 feet to an
theaet corner of said Mayfield
THENCE westerly the following five
of said Mayfield Tract, the South li
628.14 feet to an iron pin set; (2)
iron pin set; (3) S,70.49'15"W. 820
(4). 5.70.37'45"W, 938.55 feet to .an
747.47 feet to the Point. of Beginning of
land, as fended, oontaining 229.556 sore
I, Timothy B. Haynie, A REGISTERED PROFES
certify that these field notes and attache•
the results of an on the ground survey' made
supervision on the 11th day of July, 1978;
as shown. There are no encroachments, coral
apparent on the ground except as shwon.
along the South line
(1) 5.71.28'40"W.
710,30 feat to an
iron pin sat;
(5) 5.70.59'50"w.
os • bed tract of
re or less.
Jul 1
Date
1
H1IYNIE i iU1LLW1
�
t1► r' •
• A ' "' 36982 )�
T nat y E. f ayn o
1 Engineo
ER, do horeby
tely represents
action and
located are
sione
EXHIBIT C-1
Page 9 of 25
EXHIBIT
A-1
21 rui.46 •
$TAT!@ OF T XA8 l
ty �t VeIMUMS
t 1.11
114131%Fpreenae, Clerk al thy County C..ri .t .da County. N hereby catu>
at.W lut+v.aay m Mrl lien 'ha a.PWM.la d .vlkanU..Uaa, van Wan l.i mood M w .ton
_.4y aLV .,►IA�C, A Ryl13_8., .t 1J.3.42___-eW.tt_..P.x, .,d evv ►.Dani.. ur
_w .t�... ,iuy::: a• ►w.J6 .t_9.!•3.4._ __. cl..h...7t_tt, 1. aa._ _._._._._._..._
e , ...
-r.—•—
. Racer. Rac.rd. d .ala Count. In Vet.- 721— av_...2/1......._..
i..l .J Court/ Court .t M1i County, . .tlM. 1. Oevplavq Tease,
•D{CX C'FRVLtKA, Vt!*X,
Count Court. • W Wn.n Co.aV T.w
•
EXHIBIT C-1
Page 10 of 76
i EXHIBIT
U A -I
co
aT�cE MNnd by the hoot
Wen Ay � elk' of Tete. tont by L ty ItM
�OtrA at Leine an
`� "1 wjI �epwRe w.wN, Mwru Ury omare! 'phtt owf /Prlw H9efr erne r� e'if,,
IRE {��`jj °! M. Ne ^.mnrwre �>rM'
WARRANT, DEED WITH VENDOR'S LIEN
FBIV
4379
ON
KNOW ALL MEN BY THESE PRESET;
That I
conveyed
oac eeteh
ounly
consideration of
oicied her by sty wits for
of our homestead and the con yhe edaproperty that the der my
herein
is under rein
• and State of eI sola
Texas
for and in
and other rrluable
is hereby acknowledged,
to Ms
or dated
Bbi,te
hostile 0, Casey, with la
cribad in a Deed of Trn
Volume 2.82, Page 893. De
."TT)al AND
DOLLARS
undersigned paid by the grantee herein named, the receipt of which
'nalderation of TKR MISUMPTZ011p? AND
AORILDINNT that one certain promissory sots eaaautad byK! Curcio
ori;iaal principal awe of $193,260.00le tis
as ota=htvv perry/dad; said Nota is aacurad bybaadtder
e = ruin Du
of williarse rn rea'Traitor!. of rasard in
Cor
kY, Teantas!
3
.s
!ho payment of which now is accurvd by the vendor's Ilen herein retained, and
of trial of even date herewith to
have GRANTED, SOLD Tia L. wrishc
AND CONVEYED, and by these presents do GRANT
4121641 L" iicLESTPBs Trustee
of the County of Williataaon
and Sesta of
rat by a deed
7Tueicc,
Y unto
Piny in
V11 ias,sou
County. Tena', lo•wit:
Texas
,all of the fa
real
AMC 140,93 acres 'Legated is Williamson Comy. Tema
culariy dataeribwd by sweat acid boucida is Yxhibit "A4 B a
sad mads a part hereof for all 'and baro
Purposwa, Mhielb is ateaabsd
EXHIBIT C-1
Pag• 11 of 25
CEXE
TO
HAS AND TO HOLD the above described rtmlu Vlll 7 Or�ct 59
P r~ together with ail and singular the rights and
ces thereto in anywise belonging unto the said grantee ,
and. I do hereby bindhie heirs and assigns
gyaelf' fit' heirs, executor
NT AND FOREVER DEFEND all and d and administrators to
regular the said premises unto the said grantee ria
and ne, against every person whomsoever lawfully claiming or to claim the same or any pan
agreed that the VENDOR'S LIEN, of well as the Superior Title in and to the above
shied against the aboye described property, premises and improvements until the above
all ins at thereon at fully paid according to the rice, tenor, effect and reading thereof,
I1 be .lute.
r •
Th a
assonant
property,.
made and accepted subjeet to any and all conditions, restrictions.
or minstrel reservations, if any, relating to the hereltubove described
t
the. gate tasty. still be is force and effect,
EXECUTED 'Ma
day or
et sisstwar A.D. 1979
CURT IS BORRO
THE STATE OP TEXAS
COUNTY OP WILLIAMSON
adore nig, the undetWpaed oa this day personally appeared
CURTIE 1O&H
known to fee to be the person......— whose tutni._...._... i$ subscribed so tha
the...... ht.._.. eaacuted the aures fat the papaw amid consideration therein
Oivcn uada my hand and seal of office on ►hIi the 6
(Aebenkdpws
tV1dlsdged to me
• ,
A 19 79.
Coustyt Texas,
9.81,
EXHIBIT
EXHIBIT C-1
Page 12 of 25
•
•
YOt 780ricE 60
joa s for • tro•t of 140
nil aero of the •93 aorta oltuatud
Jo, • 3,wllovia tracts; 1)in t llItueeondescribe Cue con 71ning 1.
vrea
e Allen 'Survey, A.36, in daodotohU. tract doscre: u• containing 1.6 ":
de 1'' it 1 I.1.7, 1900, recorded in Vol, 91, pe o'52ody Dyed
W. do Cc.n. ll, Ht 101)
, recorded io Vol, 95,. Paso D 525, Dodd llucordu; C. 11, w.)1 to
da ri 1• , retarded 398,Duud
twerp ed :.., sot in Vol. 350, Pogo 170, 1 4locordo; unci laws CLw ,u,•11 ,•: of
Jolul ,, • . o the Jaetos 8, Puttoraon urwcd liAA- 01,, ,.) t;l 00 tw,
r deed d ted 3'tb • • • , A• 0 that wore caput d y, S.
J. ul"1 1?.00 nem: W.
e „Lc,
, 20 1° , recorded yc from lira. J. WaltxrLha
deaorlbe• o• ;•-_ in Vol. la, pogo 381, Duud Ru to . t:,t L ,'
from W. C. B., ., n �ji aures out of the Jules S. o, A.; y
• C• sy doted Docc•bos 1913 nn sou Surrey, , 3) t1,:,t l.,vct
l.' 130, Deed 'tor• , 4 fiat •. 12, and rucul•tlddylnAVol. 1l"l011 IH , •1•:cu
wee conveys• dee, tp U`
acre tract out of t,w Annctuahu Curr Dur
is Vol. 100, _ ce by: Walter fl, Carpenter doted 1' i;u
Vol. A-1;:7 ru
Deed Records, ale dated May 7, uuuory 21, lin ,•,: u.,rlwd
Burry, A-322 ribod •o Containing and recorded in Vol. (b, 1,u1.. 67,
11, 1944, ropier
•e• ro most X. C 60 acres .out of tlx A1,uatuolw (:,r•,•
i, 01 24, 72, Duij l of ux to W. D. Caouy ut ux dated C,•
• pogo Deet! Records. I�tu,.uur
Beginning at on k• toy d •b
the above duaorlbed 6 .0r, u , ueldu a oidia„ curl„:,• hunt
the South forma line • L Y tract locotud on tlo. Al lett Survu , tL, ; filo Nr: '«.'•r up
reported in Cabinet C, 8 • • 21 an P t UV eurlwr or Tait • hl u'IJ }.Lint ri.:1 ; In
comer hereof. orda of W1131ume u,, County, ', Texas;
C o, le i,:l, I
llonos fence lin•pof Lots 27•tbrn
E 43.28 rt., • Post; 8 18
ft., • 12" Post Oaki 8 19 do.
221.93 ft., on iron •Lake set
8 29 deg. 34' 20" 3 .43.24 ft.
stake, of sold 66 acre Casey tro
in the North fence lice of Lot
corner hereof,
' malt "A"
lino of o;,1, 66 ecru Cpruy trust :,n,1 U.• U..:,l
u Lu 11 liuL,l l v.i r i uu, ;ur
.lla1.w;:
uY10",54 ft., I, le Pout
Dd19 10"LOuk; 819� ug."4p Elug.
�" 1: 11j.1i: rt., " l,,:Ili und,
ur loot, buulllu vl,lch Is fouled ur, Iron
uing tin SW corinr or Lot j0 ;,lel ul,:u Luing
toil Subdiviaionl for the moat Hurl.l,,:rly Di;
+ Thence proceeding along the South •,cu 111w
I femme lino of Lots 69 thru 66 of said W111tut:,11
W 148.11 tt., •r,poatp 9 71 deg. 17' 50" W 2i
75.26 ft, • 14 Poet oak 8 72 dog. 23' 30'
' I 50" W 264.48 ft.,7
73.77 ft., o iq"El. j post;6 deg.d41' 08'" w
•c iron etekel and 8 54 deg. 09' W 67.19 ft,
•n iron stake, marking the 8W corner of 'Lot
oornor Lara of .
. lazn, lao-•y I.'•.,,:3., .,I„I 1I.. I1„rl.h
n, ua. 11.11.,w,.: :: (.11 ,1,1 10"
Puut took; J io) d,:l;. SI ' •n" t+
rout Ouk; :1 yI .1.:
„d 10" C,:dl,r; 7; .,,• r1, . 1,1"1'out 0,,1 1,.•:,I,1•: which i,. 1',,ndu
eurn,r 1"m 1, 4•:.1.1, wl,,er, ,:. hound
tu13. Cohdivluluu; for ,,,, ,,,u,de
rolTheno, �7eodingg•1ong the Wept Noce lie of
14" Cedar; 818 da , 52.15 ft., -0 14"P0"
41 s• o6 E 415.47'ft., • dead 10" oda;
1 5 65 ft. to an iron stake found 'in the Last fancy
Casey tract dCsoribed in Vol. 100, Pogo 99, and Vol, 78,
1 •leo•being•the N$ corner of that trout.du•cribud •o en,,
M•stunha Carr Survey is • deed from Perry 0. i4oyfiol.i
detail march 20, 1978, recorded io Vol. 721, Popp 243, Du
1 Neuss; tor'the most Southerly SE corner breof.
EXHIBIT C-1
Page 13 of 25
5 or ::ul•I
dug. fie' htl" 1.: 49. ,,• 1-i
; In ,I,•l.• l,1
vie ,h:ucr i w:,l 1111
u.l lt' cu,•J„ ; ^::., .Luka
"r Lh,•
•: Ik•L.,:tl,•r, •1•ru':teo
lliuwau„ t'.,,,r,Ly,
RP CMR
All or 1x,17 ct
Clearly legible lo
rrs4
not
anew
,M
EXHIBI
Unlit I'A° eoetinued
looming the East fence line of
vat 780,1El 61
sforaeeationad Lot 6 Cold Coley 100 acro trot/. u„a
alae of said 5 of Whitetail Subdivision, one Ing lou 1'•:h,
on on stoke found
229.556 mere tract on follova:
ulon� ,,I,,,
ound ins 20 1 . OG' "h our. (12 3u.' ”
aid which ls'found on Iron oLeku k8 8 12
g. 59' U" W N 'il.ur rt.,
�. dog. 35' 40" 1 (,(, dug. � ,
rd East Sine "P W, croueing .the record Wool I ilio ,,; ,;u,lis L ,`' I"
a la said fehooaobovo duscrIbud GO ucre Cy t "7 1'"I .cru
lino; burn Lruct, In all
' for. thl, OW corm:: !w1•u,1!',
the co
the afar
In all
fence 11 of
Tho non °0
follows; N '.
ft 45 dog. 41'
Post Ouk; N 46
•bout 5.00 f
in a Concrete r
t
t
rt a r
b fence line of said hicLestur tract, N 10 dug. '57' 30" t/
he aforementioned 60 acre Ouaey true/. and Inc1oulh 1I,,,. or
Casey tract crossing
1 described Jn Vol, 1GO, n, lsu, Uuud Itu...rau,
eMo/ post, boa lde which Is au t un i ran c Luke, to ua Luuu,
17* for tha Coot Westerly NW eornur 1luruol',
the Southosaterly, renew llnu of cnlft,l Cuunty'loud lye,
u.42 •fgrkudst;Vv 47 deh.1,11,1`k 14'1.91 1't,, 11 ...h" 1•,.::t 1...K.
(�7u}L .15' 1,1' r. 42y, 1'1 rt. ,
15 rt., on 111" i'u:,L a;Ik;","
�f� line, ung Lit N 4'. d,,,, I,.,,
r silo of 54j,y1 1't, In ,J1 L.. ,"'. '
o tumor pout; fur IMOu t n... 1.. ..,
;111 II...iJ.• l'..rli.: l• Ix:. .�. �� ..
t fence ltna of til.: ;,I'uru,nuntlul„•W County :,;,,,,i 10..
01r1suAd Eest Flinn.:1Inv , :a1.1 lit :'yq.G1 1'L. in ...,
10 at 0n iron aLuku; howLi,u w,, i. }::,::L..r1y .,sour
Rood
N lb ace proceed in
4. 40 10 W,
to a fence corner po
he roof,
Thence. loovin4 slid
aforemuatloned 6670 d
aforementioned te y
Cedar; rl Whitetail
8 .t
,1 ee, 33' eo" g '1.
37120 E 119.01 ft,, • pcetJ
202.77 ft., e post J 1 --
ft,, on iron ata {v1+ nog.
E 63.53 ft, a 12s found) N 72
containing 140.93 acres.0ak1
°evading ulo1,1; un, dnrtl, rune,
the South fu lieu 111wn 1Im: Jr ,I•
, oa follows: h 69 dug. 1. Iu'' " . . b r :''. .
t.7 N 71 041 J.o" i 1 .t1" :: 1(,1,..10 rt. , ., -�
i 30
1 4. ,,, 04' 0' 165.44 ft., i ln17.00 �t.,tlui yl,ust; f1 '.'1 ,I.':.
, a ly Cudur; h (r fl'
rt., u G" Llv,. U;.k; H (0, .I..i . .:i • 1,�"
1: k44,99 ft, to law Loint of t.,••
1s Lruct, uc oln.un un LIw
P,F.rtl!iA:'Rc
ar. a - • .-
' It tete .,v not
gut is 10r satisfactory recordation.
THE STATE OF TEXAS
County or wwam.ol }
dh the the forgoing lnauumou
14th
day of _.
17th •
der of Dee.
Deed
1, 1+4►b'N 6ordgoe, Clerk of Um
Ihr e'rUkti. wlrh Ili'tl"oats of a uhsntiou
A.D. I fi�ti • Z Q
A.D.' /979- .1 91.3 5
Ens MY HAND
'Records al ant
MIN above HAN&turaPei !it Gyp Chun of said Com,,. ho. In Cox
Y117, ae •ee0y ea.
In illy or o0
•b r•eorded jJw
8
dale
1 ■
j EX}
EXHIBIT C-1
Page 14 of 25
A -;
EXHIBIT B
RESOLUTION
CITY OF LEANDER
RESOLUTION NO.
A RESOLUTION OF THE CITY OF LEANDER, TEXAS, CONSENTING TO THE
RELEASE OF CERTAIN PROPERTY FROM THE CITY OF LEANDER'S
EXTRATERRITORIAL JURISDICTION AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT
WHEREAS, Parkside at Mayfield Ranch, Ltd., a Texas limited partnership ("Parkside"),
owns or has an option to purchase certain land located in Williamson County (the "Land); and
WHEREAS, the 140.93 acre tract or parcel of the Land described in the deed recorded in
Volume 780, Page 58, Deed Records of Williamson County, Texas, attached hereto as Exhibit A.
and incorporated herein by reference (the "Conflict Area") is included within the City of
Leander's (the "City") extraterritorial jurisdiction ("ETJ"), as shown on the City's official map
of its ETJ; and
WHEREAS, the Conflict Area is also shown to be included within the ETJ of the City of
Round Rock ("Round Rock") on the official map of Round Rock's ETJ; and
WHEREAS, in order to resolve the conflict between the ETJ maps of Round Rock and
the City, Parkside has requested that the City release the Conflict Area from its ETJ to the ETJ of
Round Rock and consent to the inclusion of the Conflict Area in the ETJ of Round Rock, and
WHEREAS, the City is willing to consent to such release;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LEANDER:
Section 1. That the City hereby releases the Conflict Area from the City's ETJ to the
ETJ of Round Rock and consents to and confirms the inclusion of the Conflict Area within the
ETJ of Round Rock.
Section 2. No further action on the part of the City will be required to evidence its
consent to the release of the Conflict Area as described in Section 1, but the City agrees to
provide additional confirmation of such consent and release if requested to do so by Parkside or
Round Rock.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of
this resolution, or the application thereof to any person or circumstance, is ever be held to be
invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this
Exhibit B
Page 1 of 2
EXHIBIT C-1
Page 15 of 25
resolution, nor the application of such word, phrase, clause, sentence, paragraph, section or other
part of this resolution to any other persons or circumstances, will be affected thereby.
Section 4. The City Council officially finds, determines and declares that sufficient
written notice of the date, hour, place and subject of each meeting at which this resolution \vas
discussed, considered or acted upon was given in the manner required by the Texas Open
Meetings Act, as amended, and that each such meeting has been open to the public as required
by law at all times during such discussion, consideration and action. The City Council ratifies.
approves and confirms such notices and the contents and posting thereof.
PASSED, APPROVED AND ADOPTED on the _ day of
2006.
SIGNED:
ATTEST:
City Secretary
•
EXHIBIT C-1
Page 16 of 25
YOR
EXHIBIT A
Metes and Bounds
EXHIBIT C-1
Page 17 of 25
That I.
conveyed
manage Len
of the County
consideration of
OTICE
PACE 58
WARRANTY DEED WITH VENDOR'S LIEN
4379
Prepared by I. Slaty lar of T,u, tot uw by laviyrn only. iterir rd 1.1.76.
To J•I•n !Ae proper tows, /IU In Moot spoor:, Jbll• or! loan proruln„ r ,w
laJrn Jp.rl./ nwru (wud/rr•r !ho forserffro or tow. No "u.nd.rd lawns' con
ower/ .tl 'fYW ll(lMMJ.
TEXAS
Ori
KNOW ALL MEN BY THESE
PRESENTS:
oined herein by my wife for the reason that the property herein
of our homestead and the conveyed property 1s under my sole
end other valuable
and State of
Texas for and In
--MI AND 14O/100-----($10.00)
----- DOLLARS
undersigned paid by tho grantee herein named, the receipt of which
nslderatlon of THE ABBIIKPTION Of AND ACKEMENT BY GKANTIE
that one certain promissory nota executed by Curtis
original principal sue of 5193,260.00, payable to
sal ote provided; said Note 1s secured by and dee-
with to Erwin Dogger, Trustee, of record in
of Williamson County, Tea et
is hereby acknowledged,
h{SRPUI to pay the
Borba dated A:4E406
Bertha 0, Casey, with in
cribed in a Dead of Tru
Volume 2.82, Page 893, De
the payment of which now is secured by the vendor's lien herein retained, and
of trust of even date herewith lo Tia L, Wright
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT,
ZLHKl L, HcLESTER, Trustee
red by o ticeo
Trustee,
Y unto
cs. ibe• real
of the County of Williamson
property in Williea•on
and Stato of Taxa'
County, Texas, to•witt
, all of the fo
BEING 140.93 scree situated in Williamson County, Texas, and being •/rparte
cularly described by sates and bounds in Exhibit "A" which is •ttscbed Met.
and ode a part hereof for all purposes.
i�
-Th
AMMO
EXF
n
EXHIBIT C-1
Page 18 of 25
A
Ilttttr.aK
VOL 780ria. 59
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
rtenanoes thereto in anywise belonging unto the said grantee , hie heirs and assiam
and I do hereby bind myself . q heirs, executors and administrators to
ANT AND FOREVER DEFEND all and "insular the said promises unto the said grantee , hie
signs, against every person whomsoever lawfully claiming 01 to claim the same or any part
agreed that the VENDOR'S LIEN, as well as. the Superior Title in and to the above
ned against the above described property, premises and improvements until the above
all int
11bec
est thereon are fully paid according to the face, tenor, effect and reading thereof,
lute.
Th a
segment
property..
nada and accepted subject to any and all conditions, restrictions,
or mineral reservations. if any. relating to the hereinabove described
t the. state may still be La force and effect.
•
day of
sober , A. D. 1979.
414
CURTIS BURRO
THE STATE OP TEXAS
COUNTY OP VILLIAMSON
(Aeaaswkaasaea
Before nice, the underalgwd authority, oe this dry personally appeared
CURTIS b0SHO
taown to nut to be the person...._.__. whose oame._.._._....ia subscribed to the for trat
he.._.... executed the same for Use purpo.ea and coaaiderazllootn therein ex
Olean under my hand mad mei of office on able the �r i of De • r
Notary Public la sad i
My comma expitp.. _.
(prinud or stamped name of n
an• Telji+givledsed to me
r.
D. 19 79.
Cousin Texas.
Nom
EX
EXHIBIT C-1
Page 19 of 25
A
•
•
Vol 780mE 60
•
da
da
dosed
John
deed d
describe
from W. C.
,130, Deed
was convoy./
in Vol. 100,
Deed Records,
Survey, A-122
11, 1944, rocor
EXHIBIT "A"
s for • tract of 140.93 acres oituutwd 1n W1111uuuun County, '1'uau:.; I•,•;,,,.
part of the following tracts; 1) that tract dusorlbed uo cuntuf.,l.i: IA; ;,orae
D. Allen survey, A-36, in floods to U. W. Cuauy from: W. 11. Cumpoull,
1 7, 1900, recorded in Yol, 91, pogo 525, Dood llecordu; C. li,
•• recorded in Vol. 95, pogo 390, Duud fiucordu; and Lula Cuml•l..•11 .•t al
, recorded in Vol. 150, pogo 170, Decd liecnr.lo, 2) Ll.u:.0 tv., 1..•,,,•1;;
oar on the Jemos S. Puttoroon :.urv.,y, A-504, n.a1 IP.00 ,.c.,,:: Ilio
.k 40 that wore conveyed fro.. Mtn. a. J, Wn1ker to U. W. e;,•-4. 1,y
, recorded in Vol. 161, pace 381, Deed hucordo, j) tl,:,l L,jct
acres out'of the Junius 5. Putturson Survey, A.;04 1.. .1•:.•d
ey doted Deconbor 12, 1913 and rucur.led to Vul, ll..t,
acre tract out of tlu Annctuot , Curr L'urvuy,
BrBey
by+ Waltur fl, Curpcnter doted Junuory 21, 19.11 ,'.:uord•d
a:e •'1 els dated May 7, 1896 and rucorded to Vol, 76,, l,u,;': C7,
lbod so eontolning 60 ocros•out of the Ahuotuohu C:,rr
obort 8. I'.rcntcl et ux to W. D, Cuoey tet ux duted :.•l.tuwuur
24, pogo 72, Dead Record°.
Beginning at on
the above dusoribad
the South fence line
recorded in Cabinet C,
corner hereof.
d, buuldu u t'UUe.' wanner punt, u,:.rklly: Ila, Ui' u,n•,,•'r or
tract located on lb.. Al Dun Surv.:y, i_, Id point t.,: i n,: In
"' ra NW' corner or NIL a7 of Ills ltulnl1 L'ahil1' lnu,
orris of Wllllumsun County, 'l'uxuo; for tl.,: Ilk;
Thence proceeding along
fence lin. 'of Lots 27 thru
E 43.29 ft., • poet; S 18 d
ft., • 12" Post Oak; 8 19 de
221.93 ft., on iron stake set
B 29 deg. 34' 20" 3 43.24 rt.
stake, of said 66 acre 3/may tro
to th. North fence line of Lot
corner hereof.
lino or cold 6G Fiore C:.rcy tract :unl 11,. tL•;.L
:toil :lub.11vir.iuu all 1'.ril,.v,:: :, :1') .h:,;. IJ(' 10"
.5k fl., a 12" Poot Cuk; S 19 due, 15' is .,uy,yC
.15 t., u 10" Live Ouk; S 19 Ave. 1:" I.<,"
,l, 1 du;; 26' ,0" 1: 1.1.i, 1i: rt., a (n.:;t; und,
- ter ;Fust, twuld.: which I: found un Iron
u ing tho SW corner of Lot j0 ;,n4 ;.l u 1.v l ng
toil Subdivision; fur the moot NWLI..:1•ly Sr;
Thence procoodinq along Us) South •ueo itiw
fence lino of Lots 69 thru 66 of said Whltet:.11
W 148.11 ft., s poet; 8 71 deg. 17' 50" W 204
75.266 ft., a 14" Post Oak; 8 72 dog. 23'
50 W 264.48 ft., • post; 8 71 deg. 08'
73.77 ft., o 1Q" EL; 8 66 dog. 41' 40" W
an iron stake; and 8 54 deg. 09' W 67.19, ft.
•n Iron stake, marking the NW corner of Lot
o ornor hereof.
u' n:,nl ,aerie Can••y .r,..:t, .,..•I 11.• Il.,rl.l1
n, ua 1'.•Iluw:.: ., 1,11 •I•• 1..' 10"
Pout auk; 0 iv./ de;:. )1,' '.'" W
1:2•, Pout Uuk; f 'll
CI 11)" CcUnr; 71 ,1..,•. W
1.,
rout On Y, h.•::i.b: wbtrh ...
curnur ;amt, 1...::id.• 41,..h .. .',.u.n1
Loll Cul,diviiIun; !'.n .,i, ,aside
Thence prococding along the Weot faccu lino of
follows: 8.17 deg. 16' 30 E 52.15 ft.,"L 14" Pos
14" Cedar; 8 18 deg. 06' E.l'15.47'ft., a flood 10'
415.65 ft. to an iron stoke found in the East fancy
Casey tract described in Vol. 100, pace 99, and Yol. 76,
•lao'boing.the NE corner of that troct.duecribud 00 con
Anastunho Carr Survey in • deed from Perry O. Atoyfiol.d
doted Nash 20, 1978, recorded In Vol. 721, pogo 243, Du
Tuxes; for the moat Southerly SE corner hreof.
i tel' ::u t•1 1:"b,t1 ...... .
due. 10, 4U" I•: 4y, r . t .
1 G 19 .hal,. +.t. . .
vu d•::rrtu.:d O.,
u•I I1,•cu.•d •; .tuku
.n�i.. I1, 1.:::;.•r, 1'.•,.:t,uu
R "f;0R
All or Ixu 1r. rt
clearly Loeb",
1LTM
wog not.
dation.
lu
• r1 EXH
EXHIBIT C-1
Page 20 of 25
t•
X}l ID I
"A" continued
.t.
V(1 780PisE 61
leaving the East fence line of fluid Casey 100 acro' tract ut,.l thu We,It 1';:,,cu
storemeotioned Lot 65 of Whitetail Subdivision, and peoceudtn8 ulo,rg
et line of said Nol.estar 229.556 acre tract on 'follow: :7 ll'? de;;. 01' 3u" ',i
, on on utak* Lound in a 20" Lin Ook; 8 'l? dec. 06",;0" H :'11,0? rt., ,.
•+a which 1s'found on iron stoke; S 66 Jul;, 59' 3,u" W :!19.'..'3 rt., ;I tt,"
dug. 35i 1.101' W, eroueing the record Waua iln" or Gold L'u:tuy oto .,cru
rd East line Of the obovo dt'scrihud GO ucrc Cusey truct, in ull
t to said fence line; for. thu UW corner Iwruul',
rth fence lino of cold l4cLuatur tract, N 111 awe. 57' 30" 1/, croaeine
the aforementioned 80 acre 0uscy trust nm1 talc South 11"u or
ori Casey tract, described in Vol. 1G0, .limy 1St), UvuJ Itut•,rtlu,
a fence post, boslde which 1e out un iron stoke, to t110 tiuutl,
Rood 174 for the coot Westerly UW corner hereof.
the Southoastarly, renew line of 0ni0 Cuuuty IIou.I 176,
.42 ft., o post; N 47 dcg. 11' )r 147.91 (t., ,i :.'11,, I.•::t t..,k;
ft./ fgrkud Live Ouk; N 44 dug, 35' Au" }: 1127.17 I't„ t(,"
15 ft., un 111" 1'u;.t u"k; alul N 1,'; .1,•; 4:!' '„ti" 1., .t
lino, Lind Ilt 540.71 rt. til 1111 to a 1ar17•
site of n curiw7; haul; I'ur ;,ii In..lu.r c.,rnur I":r.•,Y,
t Ponce 1tnu Of tht: ul't/1•I:tavtlt1O,ufd County 1to,1
oin suld Etat folio* llue, :mil "t :'711,1;1 1't. in
is •ot on iron tank.); for the w.,.t Eu t, ray cur"ur
the co
the stor
in all
fence li
a
Thence
fallovst N '- 4
N 45 dog. 41'
Post Ouk; N 46
about 5.00 f
in a concrete r
Thence procuodin:
N 18 doh. 40' 10" W,
to a fence corner po
hereof.
Thance.losvinl, said
eforenuntlonud 66 sore Ca
aforementioned Whitetail 8
Cedar; ft 70 dee, 33' 0" E 1
37' 20" E 119.01 St., • post;
202.77 ft., s post; N 71 dog. 1
ft., on iron stake found; N 72 doe. 33'
E 63.53 ft., • 12" Live Oak; and N 7
containing 140.93 acres.
ocuoding along tint Nnrtr, 3't•"ct• 111u: Lir ,.I,.
;lw South reut:u lUwn of luta 113 thea :''. ,,i ,.:,.
, oa follows: M 69 dug. 11'' ',t3" r.' 16I,,.10 ft., 1
t.; M 71 t 04' 40" L 317.0b rt., u post; r '; 1 .1.•M,
1 deg, 04' 0" 165.41, rt., a pout; 11 71 d.•,'. 3'(' Ai" E
30" E .69 rt , u 1 ' Cudur; M (.9 d.:,;. :'y' to" . :,...so
•_" rt , u 6" LI v.: (r,k; M (,') .1••,;. •, i ' ;u'•
L 144.99 ft. to the point oa-i.v. '..n[;,
Thor* 1s on overheod utility lino
plat.
• THE ffTATE OF TEXAS 1
County of Williamson J 1, lunes'N. oordmo■, Clerk of the
drythat the (oresolos lnauumerlt InWr11lna, with ha esrelricate of Iuth.atkri3
14th
u= ---day of D°;_` A.D. 117,E •• 31 20
;7th
Ow
day. of Deo. A.D. 19 79• : 9135
/tic cruet, us Zht.wn un th,. ,ee,,..q,.../tn0
All m•
14-FC'(tRDr.11:$ "+''ti!'IR'.NDC11
art. ai '. r :! It page w•ea not
giulo for ullsfaetory recordation
Deed
wrrNEJ5 My HAND and.s4sl Vl ,, Gyp
lot ebc.ee wattle.
o'cl
o'cloc
-Iteoorde of laid County, In Ycl
Court of said County. as office is Coot dais
limy, do kereby c '.
in my oma on
ab recorded this
lay
JAMES N. BOYD . s •;z
County Court. wall ..an , Tuar4,
3
EXHIBIT C-1
Page 21 of 25
EXH
A
•
EXHIBIT C
FORM OF JOINT REQUEST FOR AMENDMENT OF CCN APPLICATION
Glen Shankle
Executive Director
Texas Commission on Environmental Quality
PO Box 13087, MC 109
Austin, Texas 78711-3087
RE: City of Leander's CCN Applications; SOAR Docket Nos. 582-05-7095 and 582-05-
7096; TCEQ Docket Nos. 2005-0863-UCR and 2005-0854
Dear Mr. Shankle:
The City of Leander ("City"), Elmer McLester, Trustee ("Landowner"), and Parkside at
Mayfield Ranch, Ltd. ("Developer") (collectively, the "Parties) have reached a. settlement of
issues related to the above referenced proceeding. Under the terms of the settlement, the City is
amending its application to release certain property owned by Landowner from its pending CCN
application No. 34790-C (the "Application"). The Parties request written approval from the
Executive Director of this amendment to the City's Application. Thank you for your time and
attention to this matter.
Sincerely,
• Representing City of Leander
Representing Elmer McLester
Representing Parkside at Mayfield Ranch, Ltd.
Exhibit C
Page 1 of 1
EXHIBIT C-1
Page 22 of 25
s
•
EHXIBIT D
FORM OF WITHDRAWAL OF PROTEST
LaDonna Castanuela, Chief Clerk
Texas Commission on
Environmental Quality
Office of Chief Clerk MC -105
P.O. Box 13087
Austin, Texas 78711-3087
RE: City of Leander's CCN Applications; SOAH Docket Nos. 582-05-7095 and 582-05-
7096; TCEQ Docket Nos. 2005-0863-UCR and 2005-0854-UCR
Dear Ms. Castanuela:
Based on the attached settlement agreement between myself and the City of Leander. 1
hereby withdraw my protest in the above -referenced proceeding with prejudice to refiling. I no
longer wish to be a party in this proceeding. Thank you for your time and attention to this matter.
Sincerely,
Elmer McLester, Trustee
Enclosure: Copy of Settlement Agreement
cc: Attached Service List
Exhibit D
Page 1 of 1
EXHIBIT C-1
Page 23 of 25
CERTIFICATE OF SERVICE
City of Leander
SOAH Docket No. 582-05-7095;
TCEQ Docket No. 2005-0864-UCR
I hereby certify that on this the day of September 2005, a true and correct copy of
the foregoing document was provided by hand delivery, first class mail, or facsimile to the
following persons:
Honorable Cassandra J. Church
Administrative Law Judge
State Office of Administrative Hearings
300 W. 15`h Street, Suite 502
Austin, Texas 78701
512-475-4994 (fax)
• Mr. Gabriel Soto
Ms. Christie Walters
Environmental Law Division (MC -173)
Texas Commission on
Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
512-239-0606 (fax)
Ms. LaDonna Castafuela
Office of Chief Clerk (MC -105)
Texas Commission on
Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
• 512-239-3311 (fax)
Representing the Executive Director
Mr. Blas J. Coy, Jr. Representing the Office of Public Interest
Office of Public Interest Counsel (MC -103) Counsel
Texas Commission on
Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
512-239-6377 (fax)
Mr. Arturo D. Rodriguez
Russell, Moorman & Rodriguez, L.L.P.
102 W. Morrow, Suite 103
Georgetown, Texas 78626
Representing the City of Liberty Hill
EXHIBIT C-1
Page 24 of 25
512-930-7742 (fax)
Mr. John J. Carlton
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701-2744
512-435-2360 (fax)
Mr. Nelson R. Barrett
P.O. Box 307
Liberty Hill, Texas 78642-0307
512-515-6172 (call before sending fax)
•
Representing the City of Cedar Park and
Elmer McLester
Representing Aligned Pro Se Parties Nelson R.
Barrett, Liz Hanna, James O. Hanley, Charles
Larry Hufford, and Wystan Wheatley
EXHIBIT C-1
Page 25 of 25