R-06-10-12-11E1 - 10/12/2006RESOLUTION NO. R -06-10-12-11E1
WHEREAS, the City has previously entered into a Consent Agreement
with Double J Investments, L.P., now RSP Partners Development, L.P.,
("Developer") regarding the creation of two Municipal Utility Districts
named Williamson County Municipal Utility District Nos. 19 and 20, now
named Siena Municipal Utility District No. 1 and Siena Municipal
Utility District No. 2, and
WHEREAS, the City now desires to enter into an Amended and
Restated 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 an Amended and Restated Consent Agreement with RSP
Partners Development, L.P. a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 12th day of October, 2006.
ST:
t7
W Mayor
Ci y of Ro d Rock, Texas
CHRISTINE R. MARTINEZ, City Setary
(ci;PFDesktop',:ODMA'WORLDOX/OJwdox RESOLUTPR61012Et .WPD' me
AMENDED AND RESTATED
CONSENT AGREEMENT
AMONG
CITY OF ROUND ROCK, TEXAS,
RSP PARTNERS DEVELOPMENT, L.P.
(formerly Double J Investments, L.P.)
AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 1
AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 2
(formerly Williamson County Municipal Utility District
Nos. 19 and 20)
EXHIBrr 'A"
251729-4 10/03/2006
AMENDED AND RESTATED
CONSENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This Amended and Restated Consent Agreement ("Agreement") is among the City of
Round Rock, Texas, a home -rule city located in Williamson County, Texas (the "City"), RSP
Partners Development, L.P. (the "Developer"), and Siena Municipal Utility District No. 1
and Siena Municipal Utility District No. 2 ("District" or "Districts"), each of which are
municipal utility districts to be created, and who, after creations and organizations, will each join
in this Agreement.
INTRODUCTION
The Developer owns or has an option to purchase approximately 859.94 acres of land
located within the extraterritorial jurisdiction of the City (the "Land"). The Land is more
particularly described by metes and bounds on the attached Exhibit A, and its boundaries are
depicted on the concept plan attached as Exhibit B ("Concept Plan").
The Developer intends to develop the Land as a master -planned, residential community
that will include park and recreational facilities to serve the community. Because the Land
constitutes a significant development area that will be developed in phases under a master
development plan, the Developer and the City wish to enter into this Agreement, which will
provide an alternative to the City's typical regulatory process for development, encourage
innovative and comprehensive master -planning of the Land, provide certainty of regulatory
requirements throughout the term of this Agreement and result in a high-quality development for
the benefit of the present and future residents of the City and the Land.
Therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, including the agreements set forth below, the parties contract as follows.
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. In addition to the terms defined elsewhere in this Agreement
or in the City's ordinances, the following terms and phrases used in this Agreement will have the
meanings set out below:
Agreement: This Consent Agreement between the City of Round Rock, Texas and
Developer.
Blake Magee Investments, L.P. or Magee: The owner of the tract or tracts adjacent to the
Land, which are also intended to receive service through the McNutt Interceptor.
City: The City of Round Rock, Texas, a home -rule city located in Williamson County,
Texas.
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City Manager: The City Manager of the City.
Commission or TCEQ: The Texas Commission on Environmental Quality or its
successor agency.
Conceptual Development Plan: The concept plan for the Land attached as Exhibit B, as
amended from time to time in accordance with this Agreement.
County: Williamson County, Texas.
Developer: RSP Partners Development, L.P., a Texas limited partnership, or its
successors and assigns under this Agreement.
Districts: Siena Municipal Utility District No. 1 and Siena Municipal Utility District No.
2, the political subdivisions of the State of Texas to be created over the Land, with the consent of
the City, as provided in this Agreement. As used in this Agreement, "District" means either of
the Districts.
Effective Date of this Agreement: The date when one or more counterparts of this
Agreement, individually or taken together, bear the signature of all parties.
Land: Approximately 859.94 acres of land located in the City's extraterritorial
jurisdiction, as described by metes and bounds on Exhibit A.
Line A: The segment of the McNutt Interceptor located between the Treatment Plant and
McNutt Creek, as indicated on Exhibit C.
Line B: The segments of the McNutt Interceptor located between the terminus of Line A
and the southern .boundary of the adjacent tract owned by Magee and between the terminus of
Line A and the Land, as indicated on Exhibit C.
Line D: The segments of the McNutt Interceptor located at the terminus of Line A, as
indicated on Exhibit C.
McNutt Interceptor: The City wastewater interceptor project, as generally depicted on
Exhibit C, which will transport wastewater generated by customers located within the McNutt
drainage basin as defined by the City to the Treatment Plant.
Treatment Plant: The Brushy Creek East regional wastewater treatment plant.
ARTICLE II
DEVELOPER'S COMMITMENTS TO THE CITY
Section 2.01 McNutt Interceptor Project. The City proposes to construct Line A of
the McNutt Interceptor Project according to the construction schedule attached as Exhibit D.
The preliminary budget for the McNutt Interceptor is attached as Exhibit E. The City desires
that the Developer participate in the cost of construction of the McNutt Interceptor and the
Developer is willing to do so on the terms set forth in this Article.
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Section 2.02 Line A. The Developer will cost participate with the City to finance Line
A of the McNutt Interceptor as follows:
(a) Line A Capacity Payment. The Developer will pay the City the sum of
$4,802,352 which will be applied by the City to pay a portion of the costs of Line A (the
"Capacity Payment"). The Capacity Payment will be paid as provided in subsections (b) and (h).
In consideration of the Capacity Payment for 3,975 living unit equivalents ("LUEs") of
wastewater capacity in Line A, will be reserved for and allocated to the Developer, on behalf of
the Districts, as provided in this Agreement.
(b) Line A Plans. Line A will be designed by Karen Friese and Associates (the
"Engineer"). Upon completion of the preliminary plans and specifications for Line A (the "Line
A Plans"), the Engineer will submit a set of the Line A Plans to the City and a set to the
Developer for review and approval. The Developer agrees to review the Line A Plans and either
approve them or provide written comments specifically identifying any required changes within
10 days of receipt. If Developer fails to either approve the Line A Plans or provide written
comments within this 10 -day period, the Line A Plans will be deemed approved. No changes
which would adversely affect the capacity to be allocated to and reserved for Developer, on
behalf of the Districts, may be made to the Line A Plans unless the changes are submitted to
Developer, which will have the same review and approval rights as provided above. The
Developer's approval of the Line A Plans will not be unreasonably withheld. The Developer
will reimburse the City for 25% of the cost of the Line A Plans within thirty (30) days of the
City's written request, accompanied by a copy of the City's contract with the Line A Engineer.
The City may make such request for reimbursement from the Developer for one-half of such
cost when the plans are 50% complete and for the remainder of the cost when the plans are
complete. The amounts paid by the Developer under this subsection will be applied against and
will reduce the remaining sum due for the Capacity Payment.
(c) Construction Schedule. The City will proceed with the design of, easement
acquisition for, and construction of Line A in accordance with the construction schedule attached
as Exhibit D, subject, however, to extensions of time due to force majeure. The City
acknowledges that the Developer is relying on service being available to the Districts in
accordance with such construction schedule, and agrees that wastewater service will be made
available on or before the date specified in Exhibit D.
(d) Bidding and Contract Award. The contract for construction of Line A will be
advertised for bid by the City in accordance with all applicable legal requirements, including
Chapter 252, Texas Local Government Code and awarded by the City to the lowest responsible
bidder.
(e) Payment Bond. At such time as the City awards a contract for the construction of
Line A, the City will give written notice to the Developer accompanied by a copy of the accepted
bid, and the Developer will obtain and deliver to the City within thirty (30) days a payment bond
or letter of credit in the amount of the Capacity Payment less any payments previously made by
the Developer under subsection (b) (the "Fiscal Security") to secure the Developer's obligation
to pay the unpaid portion of the Capacity Payment to the City as provided in this Agreement.
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(f) Construction. Line A will be constructed in a good and workmanlike manner, and
all material used in such construction will be substantially free from defects and fit for its
intended purpose. The Developer or the Districts may, at their own expense, inspect the
construction.
(g) Status Reports. The Line A Engineer will provide the Developer and the City
with monthly construction status reports.
(h) Progress Payments by Developer; Acceptance. The Developer agrees to fund the
unpaid portion of the Capacity Payment (less any credit under Section 2.05) to the City as
follows:
Upon contract award:
Upon 25% completion:
Upon 75% completion:
Upon substantial completion:
Upon acceptance of Line A by the City
25%
25%
25%
25%
Any remaining amount still
due the City
The City will deliver written notice to the Developer of each payment due, which will be
accompanied by a copy of the related pay request and the Line A Engineer's approval of the
related percentage of the work. The Developer will fund the payment within 30 days after
receipt of the related request and supporting documentation, and will be entitled, upon such
payment, to reduce the amount of the Fiscal Security so that the Fiscal Security at all times
corresponds with the total remaining amount of the Capacity Payment due to the City under this
Agreement. Promptly following completion of construction, and Developer's final payment to
the City, the City will return the Fiscal Security to Developer. If the Developer fails to pay any
sum due to the City as set out herein, the City may require payment under and in accordance
with the Fiscal Security.
(i) Guarantee and Reservation of Capacity. Upon completion of Line A and payment
of the Capacity Payment to the City as required under this Agreement, 3,975 LUEs of capacity in
Line A will be irrevocably and permanently reserved for and committed to the Developer, on
behalf of the Districts. The Developer may, at any time, transfer such capacity to the Districts by
written notice to the City. The Developer shall not transfer such capacity to any other entity or
person without the prior written consent of the City, which consent will not be unreasonably
withheld.
2.03. Line B. It is understood and acknowledged that Line B may or may not provide
service to the Land but a portion of Line B will be located within the Land. The City and the
Developer agree to cooperate in connection with the construction of Line B, as provided in this
Section.
(a) Line B Plans; Oversizing. Line B will be designed by Randall Jones Engineering,
Inc. (the "Line B Engineer"). Upon completion of the preliminary plans and specifications for
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Line B or a segment of Line B if Line B is designed in phases (the " Line B Plans"), the Line B
Engineer will submit a set of the Line B Plans to the City and a set to the Developer for review
and approval. The City agrees to review the Line B Plans and either approve them or provide
written comments specifically identifying any required changes within fourteen (14) days of
receipt. The City's approval of the Line B Plans will not be unreasonably withheld. Developer
will not be cost participating in the Line B project.
(b) Easements. The Developer agrees to donate an easement across Developer's
property that is required for Line B for the construction of Line B in accordance with the
Construction Schedule attached as Exhibit D.
(c) Construction Schedule. It is understood that Magee will proceed with the design
of, easement acquisition for, and construction of Line B in accordance with the construction
schedule set forth in Magee's agreement with the City as Magee's Exhibit F, subject, however, to
extension of time due to force majeure.
(d) Status Reports. The Line B Engineer will provide the Developer, Magee and the
City with monthly construction status reports.
Section 2.04. Line D. Service to the Districts from the McNutt Interceptor will require
the construction of Line D which will connect to Line A and will be constructed in five phases,
as Line D-1, Line D-2, Line D-3, Line D-4 and Line D-5, as shown on Exhibit C. In order to
serve the Districts only, Line D-1 would be required to be constructed as a 15 -inch line, Line D-2
would be required to be constructed as a 12 -inch line, and Line D-3 would be required to be
constructed as 10 -inch line. The City has requested that Lines D-1 and D-2 be oversized as a 27 -
inch lines, Line D-3 be built as a 10 -inch line, Line D-4 and Line D-5, will not be used by the
Districts, but will be constructed of 27 -inch and 24 -inch lines, respectively, in order to provide
capacity for future development. The City and the Developer agree to cooperate in connection
with the construction of Line D, as provided in this Section. Oversizing of phases of Line D
shall be paid by the City in accordance with Subsection C below.
Lines D-1, D-2 and D-4 shall be constructed by the Developer to the eastern boundary of
the Land within 24 months of the approval of this Agreement by the City. These lines are shown
on Exhibit C.
(a) Line D Plans: Oversizing and Construction. Line D will be designed by
Developer's engineer (the "Line D Engineer"). Upon completion of the preliminary plans and
specifications for Line D, or a segment of Line D if Line D is designed in phases (the "Line D
Plans"), the Line D Engineer will submit a set of the Line D Plans to the City and a set to the
Developer for review and approval. The City agrees to review the Line D Plans and either
approve them or provide written comments specifically identifying any required changes within
fourteen (14) days of receipt. The City's approval of the Line D Plans will not be unreasonably
withheld. The City will reimburse the Developer for the City's cost share, as described in
subsection (c), below, of (a) engineering fees for the Line D Plans not to exceed twelve and one-
half percent (12 1/2%) of the construction cost of Line D, and (b) the costs of inspection, testing,
permits and environmental studies for Line D. Such reimbursement shall be made within 30
days of the Developer's written request, accompanied by a copy of the Developer's contract with
the Line D Engineer, documentation confirming the Developer's payment of the Line D
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Engineer for the Line D Plans and documentation confirming the Developer's payment for the
costs of inspection, testing, permits and environmental studies.
(b) Bidding and Contract Award. The contract for construction of each phase of Line
D will be advertised for bid by the Developer, on behalf of the Districts, in accordance with all
applicable legal requirements, including Chapter 49, Texas Water Code. Each phase of Line D
will be bid both at the size originally proposed by the Developer and at the size required by the
City. The contract or contracts for Line D will be awarded by the Developer, on behalf of the
Districts, to the lowest responsible bidder. Provided, however, in the event the lowest bid for the
oversize portion of the contract is not the low bidder for the entire contract, the City may review
the bids to determine whether or not the oversize portion of the contract should be re -bid as a
separate project.
(c) City Cost Share. The City's share of the costs of each phase of Line D will be the
difference between the cost of that phase if built at the size required to serve the Districts only
and the cost of the phase built at the size required by the City, based on the low bid amounts.
(d) Construction. Each phase of Line D will be constructed in a good and
workmanlike manner, and all material used in such construction will be substantially free from
defects and fit for its intended purpose. The City will inspect the construction, and the
Developer will pay the City a portion of the costs of such inspections, based on the percentage of
construction costs for that phase of Line D being borne by Developer as determined under (c).
(e) Status Reports. The Line D Engineer will provide the Developer and the City
with monthly construction status reports.
(f) Progress Payments by City. The City agrees to pay a share of the cost of each
phase of Line D, based on the incremental cost determined under (c), above, in accordance with
Section 8.503(4) of the Round Rock City Code regarding reimbursement for oversized mains. If
there are insufficient funds in the City's oversize account to make any payments due under this
Section, the Developer will be entitled to a credit against any wastewater oversize fees otherwise
due under Section 8.503 of the City Code and against any impact fees otherwise due to the City.
(g) Guarantee and Reservation of Capacity. Upon completion of each phase of Line
D and payment by the City of its cost share as provided above, that phase of Line D will be
transferred and conveyed to the City subject to the irrevocable and permanent reservation of
3,975 LUEs of capacity to the Developer on behalf of the Districts. The conveyance will also be
subject to the Developer's right to reimbursement from the Districts as permitted by the rules of
the Commission. The City will accept each phase of Line D for ownership, operation and
maintenance, subject to the reservations described above. The Developer may, at any time,
transfer its reserved capacity in a phase of Line D to the Districts by written notice to the City.
Developer shall not transfer such capacity to any other entity or person without the express
written consent of the City, which will not be unreasonably withheld.
(h) City Pass Through Use of Wastewater Mains. It is understood and agreed among
the parties that the City may utilize District wastewater mains to provide wastewater service to
City retail customers in areas adjacent or near the Districts so long as (1) there is adequate
capacity for the full build -out of the Districts and the customers of the City to be served, and (2)
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the City meters the flows received from City customers and subtracts such flows from flows
received into the downstream City system from the District or Districts.
2.05 Credits Against Capacity Payment. The City acknowledges that certain costs
of the McNutt Interceptor are or will be included in the City's wastewater community impact fee
calculation and will be collected at the time the City's wastewater community impact fees are
paid for future development. It would not be equitable for the Developer to both cost participate
in the facilities described in this Article and pay a full wastewater community impact fee.
Therefore, in consideration of the Developer's construction and cost participation the McNutt
Interceptor as described in this Agreement, the Developer will receive a credit against the City's
wastewater impact fees for any costs of Line D that are included in the impact fee at the time of
payment.
ARTICLE III
WATER SERVICE
3.01 Water Utility Provider. The Land is located within the water service area of
Jonah Water Supply Corporation ("Jonah"). Water service to all of the Land shall be provided
by Jonah. Developer shall provide an engineering report certifying that the Jonah Water System
meets City code fire flow requirements prior to plat recordation. Not withstanding the above,
water may be provided by the City if this portion of the Jonah CCN is transferred to the City or
state law permits the City the right to assume such jurisdiction.
ARTICLE IV
ROADWAY IMPROVEMENTS
4.01 Infrastructure Fees; Right of Way Dedications.
(a) Subject to the credits described in this Section, the Developer will pay the City an
infrastructure fee of $3,600 per net developable residential acre, $7,452 per net developable
townhouse acre, $12,420 per net developable multi -family acre, and $14,130 per net developable
commercial acre within each approved final plat of a portion of the Land (the "Infrastructure
Fees"). These Infrastructure Fees will be calculated and paid at the time of recordation of each
final plat. As used in this Section, "net developable acre" means land actually used for
development and does not include land dedicated, conveyed or reserved for arterial rights-of-
way, detention ponds, public parks or open space. Subject to the prior written consent and
approval of the City, the cost of any improvements constructed by the Developer to roadways
depicted on the City's approved Roadway Plan dated March 2004, including County Road 109
and County Road 110, will be applied to and reduce the Infrastructure Fees payable to the City
under this subsection, and in no event will the Developer be required to make improvements
which, when added to the cost of improvements previously made plus the Infrastructure Fees
previously paid, exceed the total Infrastructure Fees otherwise payable under this subsection (the
"Fee Cap"). The City will give the Developer an opportunity to provide input to the City
regarding the expenditure of the Infrastructure Fees paid by the Developer, so that such fees are
used to improve roadways serving the Land. The City hereby consents to and approves the
improvements described on Exhibit F, and agrees that the Developer's cost of such
improvements will be applied to and reduce the Infrastructure Fees payable under this
subsection.
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(b) The Developer will dedicate by warranty deed, at no cost to the City, one-half of
the right-of-way required for roads shown on the Concept Plan which bound the Land, and 100%
of the right-of-way required for the portion of any arterials shown on the Concept Plan which
bisect the Land. The parties acknowledge that the final location of certain of such roadways may
be subject to minor changes based on the final right-of-way alignment. Any sums advanced by
the Developer for improvements outside of or on the boundaries of the Land required under this
subsection will be credited against the Infrastructure Fees and will be subject to the Fee Cap.
The Developer will dedicate by Warranty Deed, at no cost to the City all right of way required
for the widening of County Roads 110 and 109 that lie within the Land as shown on the Concept
Plan attached hereto as Exhibit B prior to the recordation of the first final plat within the
Concept Plan.
ARTICLE V
CONCEPT PLAN
Section 5.01 Phased Development. Developer intends to develop the Land in phases.
Portions of the Land not under active development may remain in use as income-producing
agricultural lands or as open space land.
Section 5.02 Concept Plan; Exceptions. The City hereby confirms (i) its approval of
the Concept Plan, and (ii) that the Concept Plan complies with the City's General Plan, as
amended. The City approves the land uses, densities, exceptions, roadway alignments and
widths and other matters shown on the Concept Plan, and confirms that the Conceptual
Development Plan has been approved by all required City departments, boards and commissions.
Provided, however, it is understood and acknowledged that at the present time the ultimate 100
year floodplain has not been determined for the Land. The Developer and the City agree that the
Concept Plan shall be modified to reflect the ultimate 100 year floodplain when it is determined
and Exhibit B shall be amended, administratively to reflect the change. The Developer shall
also provide to the City a copy of the engineering study that determines the location of the
ultimate 100 year floodplain for the Land. The parties understand and agree that those lands to
be included in one of the Districts that are not included in the current Concept Plan shall be
submitted in a concept plan prior to development.
Section 5.03 Development Review and Approval. It is the parties' mutual intention
that the City will have the sole responsibility for review and approval of all construction plans,
development plans, preliminary plans, and subdivision plats within the Land. If an amendment
to the City's interlocal agreement with Williamson County is required to assure that no County
review of such plans is required and that no related County Fees are assessed, the City agrees to
promptly request and use good faith efforts to obtain such an amendment.
Section 5.04 Term of Approvals. Except as provided below, the Concept Plan will be
effective for the term of this Agreement. Any preliminary subdivision plat or final subdivision
plat that is consistent with the Concept Plan, applicable City ordinances and State law will be
effective for the term of this Agreement. The Concept Plan will be deemed to have expired if no
final plat of the Land is recorded for a period of five (5) years or five (5) years expires after the
recordation of the last final plat.
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Section 5.05 Amendments. Due to the fact that the Land comprises a significant land
area and its development will occur in phases over a number of years, modifications to the
Concept Plan may become desirable due to changes in market conditions or other factors.
Variations of a preliminary plat or final plat from the Concept Plan that do not increase the
overall density of development of the Land, will not require an amendment to the Concept Plan.
Minor changes to the Concept Plan, including minor modifications of street alignments, minor
changes in lot lines, the designation of land for public or governmental uses; changes in lot sizes
that do not result in an increase in the overall density of development of the Land (including any
increase in lot sizes resulting in a decrease in the total number of lots) or any change to a public
use, including, but not limited to school use, will not require an amendment to the Concept Plan
or City approval. Major changes to the Concept Plan must be consistent with the terms of this
Agreement and will be subject to review and approval by the City, which will not be
unreasonably withheld.
ARTICLE VI
CREATION OF DISTRICT
Section 6.01 Consent to Creation of District. The City acknowledges receipt of
Developer's request, in accordance with Section 54.016, Texas Water Code and Section 42.042,
Texas Local Government Code, for creation of the Districts over the Land. On the Effective
Date of this Agreement, the City has approved resolutions attached as Exhibit G consenting to
the inclusion of the Land within the proposed Districts.
Section 6.02 Wholesale Wastewater Services to Districts. The City agrees to enter
into a wholesale wastewater utility services agreement with each of the Districts on the terms set
forth on Exhibit H. This agreement will include any other standard terms contained in City
wholesale wastewater service contracts that are not in conflict with the terms of Exhibit H. The
Districts will provide retail water and wastewater services within their respective boundaries.
Section 6.03 Street Lighting. Developer, or an electric utility, will construct all
required street lighting within the boundaries of the Districts, and the Districts will be required to
operate and maintain the street lighting within their respective boundaries.
Section 6.04 Annexation.
(a) The City agrees that it will not annex the District until: (i) water, wastewater and
drainage facilities have been completed to serve at least 90% of the developable acreage within
the District; and (ii) (a) Developer has been reimbursed by the District for the water, wastewater
and drainage facilities in accordance with the rules of the Commission or (b) the City has
expressly assumed the obligation to reimburse Developer under those rules. The City agrees
that a request for annexation will not be required with the filing of any final plat of property
within the District.
(b) Contemporaneously with the annexation of the land within the District, the City
will zone any undeveloped property within that District consistently with the land uses shown on
the Concept Plan, and will zone all developed property consistently with the land uses in
existence on the date of the annexation.
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ARTICLE VII
DEVELOPMENT MATTERS
Section 7.01 Generally. Developer will have the right to select the providers of
CATV, gas, electric, telephone, telecommunications and all other utilities and services,
including solid waste collection and recycling services, or to provide "bundled" utilities within
the Land.
Section 7.02 Drainage. The City agrees that the Land will be eligible to participate in
the City's regional detention facilities, rather than providing on-site detention, on the same basis
as other developments within the City's extraterritorial jurisdiction. Subject to the City's review
and approval of the Developer's drainage plan, the availability of capacity, and the payment of
all applicable City fees, the City agrees to provide written confirmation of its commitment of
detention capacity or services for the Land. The Developer, or its successors or assigns, will
maintain all stormwater drainage facilities within the Land that are not accepted by the District
for operation and maintenance, including all drainage easements. The City will not require the
installation of any drainage improvements which do not qualify for construction under the
existing nationwide Section 404 Permit issued by the Corps of Engineers.
Section 7.03 Fire Protection Services. The City and the Developer understand and
acknowledge that an emergency services district ("ESD") has been created which includes all of
the Land. The District and the Developer agree to cooperate with the ESD to provide fire
protection services to the Land.
Section 7.04 No Other Wastewater Oversizing Required. No further oversizing of
wastewater facilities to serve the Land is anticipated by the City at this time. If, in the future, the
City determines that it would be in its best interest to oversize additional facilities which are to
be constructed by the Developer, then the City may request that such facilities be oversized and,
provided that the oversizing does not result in a delay in construction and the City pays all costs
resulting from its request for oversizing, the Developer agrees to cooperate with the City to
accommodate such request. Except as provided in this Agreement, no other oversizing of or cost
participation in upsizing of facilities will be required of the Developer or the Districts, unless
such additional oversizing is required due to a change in the Developer's utility requirements or
an increase in the density of development of the Land above that projected in the Concept Plan.
ARTICLE VIII
PARK AND RECREATIONAL AMENITIES
Section 8.01 Parkland. The Developer agrees that the park and open space land shown
on the Conceptual Development Plan will be dedicated to the Districts, or another governmental
agency. The City agrees that Developer will receive a 100% credit for such dedication against
the City's parkland dedication requirements and the City further agrees that no additional
parkland dedication or park fees will be required. Any trails within the park and open space land
will be constructed in accordance with the City's standards and shall be open to the public.
Section 8.02 Improvements. Any playground equipment constructed by Developer
will meet consumer product safety standards.
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ARTICLE IX
AUTHORITY AND VESTING OF RIGHTS
Section 9.01 Authority. This Agreement is entered into, in part, under the statutory
authority of Section 402.104, Texas Local Government Code and Section 212.172 of the Texas
Local Government Code, which authorizes the City to make written contracts with the owners of
land establishing lawful terms and considerations that the parties agree to be reasonable,
appropriate, and not unduly restrictive of business activities. The parties intend that this
Agreement guarantee the continuation of the extraterritorial status of portions of the Land as
provided in this Agreement; authorize certain land uses and development on the Land; provide
for the uniform review and approval of plats and development plans for the Land; provide
exceptions to certain ordinances; and provide other terms and consideration, including the
continuation of land uses and zoning after annexation of the Land.
Section 9.02 Vesting of Rights. The Concept Plan submitted by Developer on
December 14, 2005 constitutes an application by Developer for the subdivision and development
of the Land, and initiated the subdivision and development permit process for the Land. The
City acknowledges that Developer has vested authority to develop the Land in accordance with
this Agreement subject to any limitations contained in Chapter 245, Texas Local Government
Code.
ARTICLE X
TERM, ASSIGNMENT AND REMEDIES
Section 10.01 Term. The term of this Agreement will commence on the Effective Date
and continue for 15 years thereafter, unless terminated on an earlier date under other provisions
of this Agreement or by written agreement of the City and Developer. Upon the expiration of 15
years, this Agreement may be extended, at Developer's request, with City Council approval, for
up to two successive 15 -year periods.
Section 10.02 Termination and Amendment by Agreement. This Agreement may be
terminated or amended as to all of the Land at any time by mutual written consent of the City
and Developer and, following creation of the District, the District, and may be terminated or
amended only as to a portion of the Land by the mutual written consent of the City and the
owners of the portion of the Land affected by the amendment or termination and, following
creation of the District, the District containing such portion of the Land.
Section 10.03 Assignment.
(a) This Agreement, and the rights of Developer hereunder, may be assigned by
Developer, with the City's consent, to a subsequent developer of all or a portion of the
undeveloped Land. Any assignment will be in writing, specifically set forth the assigned rights
and obligations and be executed by the proposed assignee. The City's consent to any proposed
assignment will not be unreasonably withheld or delayed.
(b) If Developer assigns its rights and obligations hereunder as to a portion of the
Land, then the rights and obligations of any assignee and Developer will be severable, and
Developer will not be liable for the nonperformance of the assignee and vice versa. In the case
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of nonperformance by one developer, the City may pursue all remedies against that
nonperforming developer, but will not impede development activities of any performing
developer as a result of that nonperformance.
(c) This Agreement is not intended to be binding upon, or create any encumbrance to
title as to, any ultimate consumer who purchases a fully developed and improved lot within the
Land.
Section 10.04 Remedies.
(a) If the City defaults under this Agreement, Developer may enforce this Agreement
by seeking damages and/or a writ of mandamus from a Williamson County District Court, or
may give notice setting forth the event of default ("Notice") to the City. If the City fails to cure
any default that can be cured by the payment of Money ("Monetary Default") within 45 days
from the date the City receives the Notice, or fails to commence the cure of any default specified
in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and
thereafter to diligently pursue such cure to completion, Developer may terminate this Agreement
as to all of the Land owned by Developer, or as to the portion of the Land affected by the default;
however, any such remedy will not revoke the City's consent to the creation of the District.
(b) If Developer defaults under this Agreement, the City may enforce this Agreement
by seeking damages and/or injunctive relief from a Williamson County District Court, or the
City May give Notice to Developer. If Developer fails to cure any Monetary Default within
45 days from the date it receives the Notice, or fails to commence the cure of any default
specified in the Notice that is not a Monetary Default within 45 days of the date of the Notice,
and thereafter to diligently pursue such cure to completion, the City may terminate this
Agreement; however, any such remedy will not revoke the City's consent to the creation of the
District.
(c) If either party defaults, the prevailing party in the dispute will be entitled to
recover its reasonable attorney's fees, expenses and court costs from the non -prevailing party.
Section 10.05 Cooperation.
(a) The City and Developer each agree to execute such further documents or
instruments as may be necessary to evidence their agreements hereunder.
(b) The City agrees to cooperate with Developer in connection with any waivers or
approvals Developer may desire from Williamson County in order to avoid the duplication of
facilities or services in connection with the development of the Land.
(c) In the event of any third party lawsuit or other claim relating to the validity of this
Agreement or any actions taken hereunder, Developer and the City agree to cooperate in the
defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim
without diminution in their respective rights and obligations under this Agreement.
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ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.01 Notice. Any notice given under this Agreement must be in writing and
may be given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing
it with Federal Express or another service guaranteeing "next day delivery", addressed to the
party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or
any agent of the party listed in this Agreement, or (iv) by confirmed facsimile with a confirming
copy sent by one of the other described methods of notice set forth. Notice by United States mail
will be effective on the earlier of the date of receipt or 3 days after the date of mailing. Notice
given in any other manner will be effective only when received. For purposed of notice, the
addresses of the parties will, until changed as provided below, be as follows:
CITY: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attn: City Manager
With Required Copy to: Steve Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
DEVELOPER: RSP Partners Development, L.P.
4111 Lakeplace Lane
Austin, Texas 78746
Attention: John Lloyd
With Required Copy to: Sharlene N. Collins
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
The parties may change their respective addresses to any other address within the United States
of America by giving at least five days' written notice to the other party. Developer may, by
giving at least five days' written notice to the City, designate additional parties to receive copies
of notices under this Agreement.
Section 11.02 Severability; Waiver. If any provision of this Agreement is illegal,
invalid, or unenforceable, under present or future laws, it is the intention of the parties that the
remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or
unenforceable provision, that a provision be added to this Agreement which is legal, valid, and
enforceable and is as similar in terms to the illegal, invalid or enforceable provision as is
possible.
Any failure by a party to insist upon strict performance by the other party of any material
provision of this Agreement will not be deemed a waiver thereof or of any other provision, and
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such party may at any time thereafter insist upon strict performance of any and all of the
provisions of this Agreement.
Section 11.03 Applicable Law and Venue. The interpretation, performance,
enforcement and validity of this Agreement is governed by the laws of the State of Texas.
Venue will be in a court of appropriate jurisdiction in Williamson County, Texas.
Section 11.04 Entire Agreement. This Agreement contains the entire agreement of the
parties. There are no other agreements or promises, oral or written, between the parties
regarding the subject matter of this Agreement. This Agreement can be amended only by written
agreement signed by the parties. This Agreement supersedes all other agreements between the
parties concerning the subject matter.
Section 11.05 Exhibits, Headings, Construction and Counterparts. All schedules and
exhibits referred to in or attached to this Agreement are incorporated into and made a part of this
Agreement for all purposes. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever
appropriate, words of the masculine gender may include the feminine or neuter, and the singular
may include the plural, and vice -versa. The parties acknowledge that each of them have been
actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of
construction that any ambiguities are to be resolved against the drafting party will not be
employed in interpreting this Agreement or any exhibits hereto. If there is any conflict or
inconsistency between the provisions of this Agreement and otherwise applicable City
ordinances, the terms of this Agreement will control. This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an original, and all of which will
together constitute the same instrument. This Agreement will become effective only when one
or more counterparts, individually or taken together, bear the signatures of all of the parties.
Section 11.06 Time. Time is of the essence of this Agreement. In computing the
number of days for purposes of this Agreement, all days will be counted, including Saturdays,
Sundays and legal holidays; however, if the final day of any time period falls on a Saturday,
Sunday or legal holiday, then the final day will be deemed to be the next day that is not a
Saturday, Sunday or legal holiday.
Section 11.07 Authority for Execution. The City certifies, represents, and warrants that
the execution of this Agreement is duly authorized and adopted in conformity with its City
Charter and City ordinances. Developer hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the articles of
incorporation and bylaws or partnership agreement of each entity executing on behalf of
Developer.
Section 11.08 Force Majeure. If, by reason of force majeure, either party is rendered
unable, in whole or in part, to carry out its obligations under this Agreement, the party whose
performance is so affected must give notice and the full particulars of such force majeure to the
other party within a reasonable time after the occurrence of the event or cause relied upon, and
the obligation of the party giving such notice, will, to the extent it is affected by such force
majeure, be suspended during the continuance of the inability but for no longer period. The
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251729-4 10/03/2006
party claiming force majeure must endeavor to remove or overcome such inability with all
reasonable dispatch.
The term "force majeure" means Acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind of the government of the United States
or the State of Texas, or of any court or agency of competent jurisdiction or any civil or military
authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, vandalism, explosions, breakage or accidents to machinery, pipelines or canals, or
inability on the part of a party to perform due to any other causes not reasonably within the
control of the party claiming such inability.
Section 11.09 Exhibits. The following exhibits are attached to this Agreement, and
made a part hereof for all purposes:
Exhibit A - Metes and Bounds Description of the Land
Exhibit B - Concept Plan including Boundary Roads and Arterials
Exhibit C - McNutt Interceptor Schematic Plan Including Depiction
of Line A, Line B and Line D
Exhibit D - Line A Construction Schedule
Exhibit E - Line A Preliminary Budget
Exhibit F - Roadway Improvements
Exhibit G - District Consent Resolution
Exhibit H - Terms of Wholesale Wastewater Services
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
dates indicated below.
251729-4 10/03/2006
CITY OF ROUND ROCK
By:
Name:
Title:
Date:
15
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
RSP PARTNERS DEVELOPMENT, L.P.
By: RSP GP, INC., its General Partner
By:
Date:
John S. Lloyd, Director
This instrument was acknowledged before me on , 2006, by
of the City of Round Rock, a home -rule city on behalf
of said City.
(Seal)
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
Notary Public Signature
This instrument was acknowledged before me on , 2006, by John S.
Lloyd, Director of RSP GP, Inc., general partner of RSP Partners Development, L.P., a Texas
limited partnership on behalf of said limited partnership.
Notary Public Signature
(Seal)
16
251729-4 10/03/2006
EXHIBIT A
[Metes and Bounds Description of the Land]
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549.02 Acres
PARCEL A:
EXHIBIT A
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
MCNUTT SURVEY, ABSTRACT No. 422, BEING A PART OF TRACT 1, CONTAINING 40.000
ACRES; TRACT 2, CONTAINING 30.00 ACRES; TRACT 3, CONTAINING 19.994 ACRES; AND
TRACT 4, CONTAINING 100.111 ACRES, CONVEYED TO DOUBLE J INVESTMENTS, L.P.,
BY DEED RECORDED IN DOCUMENT NO. 2005083810 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALL OF THAT 3.640 ACRE TRACT
CONVEYED TO DOUBLE J INVESTMENTS BY DEED RECORDED IN DOCUMENT NO.
20050852363 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
AND PART OF THAT 62.01 ACRE TRACT OF LAND CONVEYED TO CLYDE SWENSON AND
WIFE, BARBARA SWENSON, BY DEED RECORDED IN VOLUME 625, PAGE 155 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PART OF THAT 22 ACRE
TRACT OF LAND CONVEYED TO CLYDE H. SWENSON BY DEED RECORDED IN VOLUME
648, PAGE 443 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
ALL OF THAT TRACT OF LAND SAID TO CONTAIN 124.63 ACRES CONVEYED TO EASY
KYLE PARTNERS, L.P., BY DEED RECORDED IN DOCUMENT NO. 2006039639 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND THAT TRACT OF LAND
CONVEYED TO LESTER WESTBERG, BY DEED RECORDED IN VOLUME 345, PAGE 231,
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 1/2" IRON ROD FOUND IN THE EAST LINE OF COUNTY ROAD 110 AT
THE SOUTHWEST CORNER OF SAID TRACT 1;
THENCE S89°28'38"E., ALONG THE SOUTH LINE OF SAID TRACT 1, A DISTANCE OF 30.48
FEET TO THE POINT OF BEGINNING;
THENCE CROSSING THE SAID 40.00 ACRE TRACT, THE 30.00 ACRE TRACT, THE 62.01
ACRE TRACT AND THE 22 ACRE TRACT THE FOLLOWING TWO COURSES:
1. N.00°33'49"E., A DISTANCE OF 3881.71 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT;
2. 71.41 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 8°42'20" AND A CHORD BEARING
N.03°47'21"W., 71.34 FEET TO THE NORTH LINE OF TRACT 3;
THENCE S.89°31'14"E., ALONG THE NORTHERLY LINE OF TRACT 3, A DISTANCE OF
191.88 FEET;
THENCE N.00°28'46"E., ALONG THE WESTERLY LINE OF TRACT 3, A DISTANCE OF 359.79
FEET TO THE NORTHERLY NORTHWEST CORNER OF TRACT 3 AND TO THE SOUTH LINE
OF THAT 10.00 ACRE TRACT CONVEYED TO JANET E. WASHBURN BY DEED RECORDED
IN DOCUMENT NO. 2002023570 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS;
THENCE S.89°31'07"E., ALONG THE NORTH LINE OF TRACT 3 AND THE SOUTH LINE OF
THE 10.00 ACRE TRACT , A DISTANCE OF 512.76 FEET TO A 1/2" IRON ROD FOUND AT
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549.02 ACRES
THE SOUTHEAST CORNER OF THE 10.00 ACRE TRACT AND THE SOUTHWEST CORNER
OF TRACT 4;
THENCE N.00°43'27"E., ALONG THE EAST LINE OF THE 10.00 ACRE TRACT AND THE
WEST LINE OF TRACT 4, A DISTANCE OF 719.67 FEET TO A 1/2" IRON ROD FOUND AT
THE NORTHWEST CORNER OF THE 10.00 ACRE TRACT AND A CORNER IN THE WEST
LINE OF TRACT 4;
THENCE N.89°27'55"W., ALONG THE NORTH LINE OF THE 10.00 ACRE TRACT AND A LINE
COMMON WITH TRACT 4, A DISTANCE OF 390.03 FEET TO A 1/2" IRON ROD FOUND AT
THE NORTHWEST CORNER OF THE 10.00 ACRE TRACT, AT A CORNER IN THE WEST
LINE OF TRACT 4, IN THE EAST LINE OF THAT 5.79 ACRE TRACT CONVEYED TO J. R.
JOHNSON BY DEED RECORDED IN VOLUME 2020, PAGE 615 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS;
THENCE N.00°23'36"E., ALONG THE WEST LINE OF TRACT 4 AND ALONG THE EAST LINE
OF THE 5.79 ACRE TRACT IN PART AND CONTINUING ALONG THE EAST LINE OF THAT
5.00 ACRE TRACT CONVEYED TO D. SMITH BY DEED RECORDED IN DOCUMENT NO.
2004063749 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, A
DISTANCE OF 397.61 FEET TO THE NORTHEAST CORNER OF THE 5.00 ACRE TRACT;
THENCE N.89°27'29"W., ALONG A LINE COMMON WITH TRACT 4, AND THE NORTH LINE
OF THE 5.00 ACRE TRACT IN PART AND ALONG THE NORTH LINE OF THAT 4.998 ACRE
TRACT CONVEYED TO KEVIN LANGSTON BY DEED RECORDED IN VOLUME 2422, PAGE
937 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, A DISTANCE
OF 209.60 FEET TO A 1/2" IRON ROD FOUND;
THENCE N.00°25'58"E., ALONG THE WEST LINE OF TRACT 4 AND THE EAST LINE OF
THAT 5.99 ACRE TRACT CONVEYED TO P.G. MARTINEZ BY DEED RECORDED IN
DOCUMENT NO. 2004041002 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, A DISTANCE OF 965.97 FEET, FROM WHICH POINT A 1/2" IRON ROD
FOUND IN THE SOUTH LINE OF COUNTY ROAD 109 AT THE NORTHWEST CORNER OF
TRACT 4 BEARS N.00°25'58"E., 23.81 FEET ;
THENCE S.89°20'47"E., CROSSING SAID TRACT 4, A DISTANCE OF 800.98 FEET TO THE
NORTH LINE OF THE TRACT 4 AND TO A POINT ON A NON -TANGENT CURVE TO THE
LEFT;
THENCE ALONG THE NORTHERLY LINE TRACT 4 THE FOLLOWING SIX COURSES:
1. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 55.41 FEET
(SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 63°29'23"
AND A CHORD BEARING S.31 °52'37"W., 52.61 FEET);
2. S.00°07'53"W. A DISTANCE OF 76.49 FEET;
3. S.55°39'39"E. A DISTANCE OF 192.96 FEET;
4. N.40°30'02"E. A DISTANCE OF 159.85 FEET;
5. N.67°50'32"E. A DISTANCE OF 30.50 FEET;
6. N.15°42'40"W. A DISTANCE OF 97.92 FEET;
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549.02 ACRES
THENCE S.89°20'47"E., CROSSING SAID TRACT 4, A DISTANCE OF 487.28 FEET TO THE
WEST LINE OF THAT 0.50 ACRE TRACT CONVEYED TO DANIEL J. BRETT BY DEED
RECORDED IN DOCUMENT NO. 2002005540 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS;
THENCE S.00°42'26"W., ALONG THE WEST LINE OF THE 0.50 ACRE TRACT AND ALONG A
LINE COMMON WITH TRACT 4, A DISTANCE OF 376.42 FEET TO THE SOUTHWEST
CORNER OF THE 0.50 ACRE TRACT;
THENCE S.89°30'54"E., ALONG THE SOUTH LINE OF THE 0.50 ACRE TRACT, IN PART,
ALONG THE SOUTH LINE OF THE 3.017 ACRE TRACT CONVEYED TO DANIEL J. BRETT BY
DEED RECORDED IN DOCUMENT NO. 2001064995 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND ALONG A LINE COMMON WITH TRACT 4, A
DISTANCE OF 383.00 FEET TO THE SOUTHEAST CORNER OF THE 3.017 ACRE TRACT;
THENCE N.00°46'49"E., ALONG THE EAST LINE OF THE 3.017 ACRE TRACT AND COMMON
WITH TRACT 4, A DISTANCE OF 375.30 FEET;
THENCE CROSSING SAID TRACT 4 THE FOLLOWING THREE COURSES:
1. S.89°20'47"E. A DISTANCE OF 104.25 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE RIGHT;
2. EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 181.51 FEET (SAID
CURVE HAVING A RADIUS OF 1500.00 FEET, A CENTRAL ANGLE OF 6°55'59", AND
A CHORD BEARING S.85°52'47"E., 181.40 FEET;
3. S.82°24'48"E. A DISTANCE OF 142.21 FEET TO THE EAST LINE OF TRACT 4;
THENCE S.01 °44'12"W., ALONG THE EAST LINE OF TRACT 4, A DISTANCE OF 1.23 FEET
TO A 1/2" IRON ROD FOUND IN THE WEST LINE OF THE PLAT OF GREEN GATE SECTION
ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET I, SLIDE 325 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.00°49'46"W., ALONG THE EAST LINE OF TRACT 4 AND THE WEST LINE OF
GREEN GATE SECTION ONE, AT A DISTANCE OF 770 FEET PASS THE SOUTHWEST
CORNER OF GOLDEN GATE SECTION ONE AND CONTINUE ALONG THE WEST LINE OF
THE PLAT OF COUNTRY VIEW ESTATES, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET N, SLIDE 90 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, IN ALL A TOTAL DISTANCE OF 2313.76 FEET TO A 1/2" IRON ROD FOUND AT THE
SOUTHEAST CORNER OF TRACT 4 IN THE NORTH LINE OF THAT 124.63 ACRE TRACT
CONVEYED TO EASY KYLE PARTNERS, L.P., BY DEED RECORDED IN DOCUMENT NO.
2006039639 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.89°40'50"E., ALONG THE SOUTH LINE OF SAID COUNTRY VIEW ESTATES AND
THE NORTH LINE OF THE 124.63 ACRE TRACT, A DISTANCE OF 690.09 FEET TO 'A" IRON
ROD FOUND AT THE NORTHEAST CORNER OF SAID 124.63 ACRE TRACT;
THENCE S.00°21'28"W., ALONG THE EAST LINE OF THE SAID 124.63 ACRE TRACT, AT A
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549.02 ACRES
DISTANCE OF 321.12 FEET PASS A 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER
OF LOT 6, BLOCK C, COUNTRY VIEW ESTATES, THE SAME BEING THE WESTERLY
NORTHWEST CORNER OF THAT 51.297 ACRE TRACT CONVEYED TO MARILYN J.
ROSENBLAD BY DEED RECORDED IN VOLUME 2566, PAGE 893 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND AT A DISTANCE OF 788.94 FEET PASS A 1/2"
IRON ROD FOUND AT THE SOUTHWEST CORNER OF THE SAID 51.297 ACRE TRACT, THE
SAME BEING THE NORTHWEST CORNER OF THAT 85.70 ACRE TRACT CONVEYED TO
RYAN'S RIDGE BY DEED RECORDED IN DOCUMENT NO. 2002033879 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AT A DISTANCE OF 2626 FEET
PASS THE CENTER OF AN ELECTRIC TRANSMISSION LINE, AND AT A DISTANCE OF
3682.64 FEET PASS THE NORTHWEST CORNER OF LOT 10, BLOCK E, GARDEN PARK
SECTION ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, SLIDES
276, 277 AND 278 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, IN ALL A
TOTAL DISTANCE OF 3926.35 FEET TO A 1/2" IRON ROD SET AT THE SOUTHEAST
CORNER OF THE SAID 124.63 ACRE TRACT, THE SAME BEING THE NORTHEAST
CORNER OF LOT 3, TRADESMEN'S INDUSTRIAL PARK SECTION 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET P, SLIDES 360, 361 AND 362 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.89°08'45"W., ALONG THE SOUTH LINE OF THE SAID 124.63 ACRE TRACT, THE
SAME BEING THE NORTH LINE OF LOTS 2 AND 3, OF THE SAID PLAT OF TRADESMEN'S
INDUSTRIAL PARK SECTION 2, AT A DISTANCE OF 645.44 FEET PASS A 1/2" IRON ROD
FOUND AT THE NORTHWEST CORNER.OF SAID LOT 2, IN ALL A TOTAL DISTANCE OF
1381.78 FEET TO A 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER OF THE SAID
124.63 ACRE TRACT, AND THE EAST LINE OF SAID TRACT 1, CONTAINING 40.000 ACRES,
CONVEYED TO DOUBLE J INVESTMENTS IN THE SAID DEED RECORDED IN DOCUMENT
NO. 2005083810;
THENCE S.00°18'35"W., ALONG THE EAST LINE OF TRACT 1, A DISTANCE OF 91.05 FEET
TO THE SOUTHEAST CORNER OF TRACT 1;
THENCE S.00°33'46"W., ALONG THE EAST LINE OF THE WESTBERG TRACT, A DISTANCE
OF 1360.06 FEET:
THENCE S.00°22'33"W., CONTINUING ALONG THE EAST LINE OF THE SAID WESTBERG
TRACT, A DISTANCE OF 622.37 FEET TO THE SOUTHEAST CORNER OF SAID WESTBERG
TRACT;
THENCE N.89°42'42"W., ALONG THE SOUTH LINE OF SAID WESTBERG TRACT, A
DISTANCE OF 1746.96 FEET TO A POINT ON THE SOUTH LINE OF SAID WESTBERG
TRACT;
THENCE CROSSING SAID WESTBERG TRACT THE FOLLOWING FOUR COURSES:
1. THENCE N.00°26'59"E., A DISTANCE OF 60.00 FEET;
2. S.89°42'42"E. A DISTANCE OF 300.00 FEET;
3. N.00°33'09"E, A DISTANCE OF 1402.87 FEET;
4. N.42°07'44"W. A DISTANCE OF 442.53 FEET;
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549.02 ACRES
5. N.00°33'09"E., A DISTANCE OF 200.00 FEET TO THE SAID POINT OF
BEGINNING.
CONTAINING 463.44 ACRES, MORE OR LESS.
AND;
PARCEL B;
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
MCNUTT SURVEY, ABSTRACT No. 422, AND BEING A PART OF THAT 87.291 ACRE TRACT
OF LAND CONVEYED TO ROUND STAFF PARTNERS, L.P. BY DEED RECORDED IN
DOCUMENT NO. 2005083809 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 1/2" IRON ROD FOUND IN THE WEST LINE OF COUNTY ROAD 110 AT
THE NORTHEAST CORNER OF THAT 6.64 ACRE TRACT CONVEYED TO CHINMAYA
MISSION AUSTIN BY DEED RECORDED IN DOCUMENT NO. 2001046382 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AT THE SOUTHEAST CORNER
OF THE SAID 87.291 ACRE TRACT;
THENCE N.88°15'49"W., ALONG THE SOUTH LINE OF THE 87.291 ACRE TRACT AND THE
NORTH LINE OF THE 6.64 ACRE TRACT., A DISTANCE OF 29.33 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE ALONG THE SOUTH LINE OF THE 87.291 ACRE TRACT AND THE
NORTH LINE OF THE 6.64 ACRE TRACT THE FOLLOWING THREE COURSES:
1. N.88°15'49"W. A DISTANCE OF 315.42 FEET TO A 1/2" IRON ROD FOUND;
2. S.13°33'16"W. A DISTANCE OF 104.48 FEET TO A 1/2" IRON ROD FOUND;
3. N.68°26'44"W. A DISTANCE OF 580.01 FEET TO A 1/2" IRON ROD FOUND AT THE
NORTHWEST CORNER OF THE 6.64 ACRE TRACT;
THENCE N.68°31'18"W., ALONG THE SOUTH LINE OF THE 87.291 ACRE TRACT, A
DISTANCE OF 646.75 FEET TO THE CENTER OF MCNUTT CREEK AND THE EAST LINE OF
THAT 106.6 ACRE TRACT CONVEYED TO BEVERLY GORDON BY DEED RECORDED IN
DOCUMENT NO. 9835986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE ALONG THE WEST LINE OF THE 87.291 ACRE TRACT AND THE EAST LINE OF
THE 106.6 ACRE TRACT THE FOLLOWING THREE COURSES:
1. N.04°04'40"W. A DISTANCE OF 181.88 FEET;
2. N.44°58'29"W. A DISTANCE OF 139.83 FEET;
3. N.82°55'26"E. A DISTANCE OF 196.90 FEET;
4. N.03°02'34"W. A DISTANCE OF 586.74 FEET TO A 1/2" IRON ROD FOUND IN THE SOUTH
LINE OF THAT 15.19 ACRE TRACT CONVEYED TO KEN BURGE BY DEED RECORDED IN
DOCUMENT NO. 9618889 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS;
Page 5 of 6 S:\LAND1350-1399\1389\DOCS\1389-1-A_doc
549.02 ACRES
THENCE N.87°13'57"E. ALONG THE SOUTH LINE OF THE 15.19 ACRE TRACT AND A LINE
COMMON WITH THE 87.291 ACRE TRACT, A DISTANCE OF 23.52 FEET TO A 1/2" IRON
ROD FOUND AT THE SOUTHEAST CORNER OF THE 15.19 ACRE TRACT;
THENCE N.02°40'09"W., ALONG THE WEST LINE OF THE 87.291 ACRE TRACT AND THE
EAST LINE OF THE 15.19 ACRE TRACT, A DISTANCE OF 1473.10 FEET TO THE SOUTH
LINE OF THAT 21.67 ACRE TRACT CONVEYED TO LINDA BUSHONG BY DEED RECORDED
IN DOCUMENT NO. 9708518 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS AT THE NORTHWEST CORNER OF THE 87.291 ACRE TRACT AND THE
NORTHEAST CORNER OF THE 15.19 ACRE TRACT;
THENCE S.89°32'08"E., ALONG THE NORTH LINE OF THE 87.291 ACRE TRACT AND THE
SOUTH LINE OF THE 21.67 ACRE TRACT, A DISTANCE OF 1011.24 FEET TO A 1/2" IRON
ROD FOUND IN THE WEST LINE OF LOT 1, ANDERSON HILL, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET I, SLIDE 197 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS;
THENCE S.00°05'15"W., ALONG THE WEST LINE OF LOT 1 AND A LINE COMMON WITH
THE 87.291 ACRE TRACT, A DISTANCE OF 153.92 FEET TO A 1/2" IRON ROD FOUND AT
THE SOUTHWEST CORNER OF LOT 1 AND A CORNER IN THE NORTH LINE OF THE 87.291
ACRE TRACT;
THENCE S.85°37'13"E., ALONG THE SOUTH LINE OF LOT 1 AND THE NORTH LINE OF THE
87.291 ACRE TRACT, A DISTANCE OF 488.92 FEET, FROM WHICH POINT A 1/2" IRON ROD
FOUND IN WEST LINE COUNTY ROAD 110 AT THE EASTERLY NORTHEAST CORNER OF
THE 87.291 ACRE TRACT BEARS S.85°37'13"E. 29.95 FEET;
THENCE S.00°33'49"W., CROSSING THE SAID 87.291 ACRE TRACT A DISTANCE OF
2521.69 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 85.580 ACRES, MORE OR LESS.
s
RANDALL S. JONES
REGISTERED PROFESSIO
STATE OF TEXAS
R J SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
LAND SURVEYOR No. 4391
c f /4/0(a
This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which
it was prepared.
Page 6 of 6 S:\LAND1350-1399\1389\DOCS\1389-1-A.doc
310.915 ACRES
PARCEL C:
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIAM
DUNN SURVEY, ABSTRACT No. 196; THE WILLIS DONAHO SURVEY, ABSTRACT No. 173;
AND THE HENRY MILLARD SURVEY, ABSTRACT No. 452, AND BEING A PART OF THAT
105.031 ACRE TRACT OF LAND CONVEYED TO EASY KYLE PARTNERS, LP, BY DEED
RECORDED IN DOCUMENT NO. 2006037326 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; A PART OF THAT 139.150 ACRE TRACT OF LAND
CONVEYED TO EASY KYLE PARTNERS, LP, BY DEED RECORDED IN DOCUMENT No.
2006035264 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; A
PART OF THAT 34.74 ACRE TRACT CONVEYED TO EASY KYLE PARTNERS, LTD., BY
DEED RECORDED IN DOCUMENT NO. 2006037892 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS; AND ALL OF THAT 36.00 ACRE TRACT CONVEYED TO
DOUBLE J INVESTMENTS, LTD., BY DEED RECORDED IN DOCUMENT NO. 2006019846 OF
THE OFFICIAL PUBLIC RECORDS.OF WILLIAMSON COUNTY, TEXAS; AND A PART OF
THAT 72 ACRE TRACT OF LAND CONVEYED TO MARGIE CRAYON SNELL BY DEED
RECORDED IN VOLUME 2019, PAGE 31, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a 1/2" iron rod found in the East Line of County Road 110 at the Southwest Corner
of that 190.50 Acre Tract conveyed to Stephen Lee Pritchard Family Trust and Nancy Kay
Pritchard Ohlendorf Family Trust by Deed Recorded in Volume 1980, Page 972 of the Official
Records of Williamson County, Texas the same being the Northwest Corner of the said 34.74
Acre Tract;
THENCE N.71 °48'51 "E. along the North line of said 34.74 Acre Tract, a distance of 22.39 feet to
the Point of Beginning;
THENCE along the North Line of the said 34.74 Acre Tract and along the fence the following five
courses:
1. N.71 °48'51 "E. a distance of 520.60 feet;
2. N.71 °53'11 "E. a distance of 667.92 feet;
3. N.73°31'36"E. a distance of 79.02 feet;
4. N.71 °03'06"E. a distance of 556.04 feet to a nail in the top of a fence post;
5. N.71°00'16"E. a distance of 626.40 feet to a 1/2" iron rod found at the Northerly Northeast
Corner of the said 34.74 Acre Tract and the Southerly Southeast Corner of the said 190.50 Acre
Tract and to the West Line of said 72 Acre Tract;
THENCE N.71 °27'09"E., crossing the said 72 Acre Tract, a distance of 1247.85 feet to a 1/2" iron
rod set in the East Line of the said 72 Acre Tract, the same being the West Line of that 71 1/2 Acre
Tract of land conveyed to Eleanor Olson, Andrew Olson and Dorthea Jacob by Deed Recorded
in Volume 595, Page 131 of the Deed Records of Williamson County, Texas;
THENCE S.18°44'32"E., along the East Line of said 72 Acre Tract and the West Line of said
71 1/2 Acre Tract, a distance of 474.45 feet to a 1/2" iron rod set at the Northeast Corner of that
36.00 Acre Tract;
THENCE S.18°44'32"E., along the East Line of the said 36 Acre Tract and the West Line of the
said 71 1/2 Acre Tract, a distance of 1257.06 feet to a %' iron rod set at the Southeast Corner of
the said 36 Acre Tract on the South Line of the said Henry Millard Survey;
Page 1 of 3 S:\LAND1350-1399\1390\DOCS11390-MUD-2.doc
310.915 ACRES
THENCE S.71 °27'09"W., along the South Line of the said 36 Acre Tract and the South Line of the
said Henry Millard Survey, a distance of 848.09 feet to the East line of said 105.031 Acre Tract;
THENCE S.18°51'04"E., along the East Line of the 105.031 Acre Tract, at a distance of 778 feet
pass the Southeast corner thereof and continue along the East Line of the 139.150 Acre Tract, in
all a total distance of 1165.76 feet to a 1/2" iron rod found;
THENCE continue along the East Line of the 139.150 Acre Tract the following five courses:
1. S.19°03'12"E. a distance of 564.38 feet to a fence post;
2. S.18°31'54"E. a distance of 555.10 feet to a fence post;
3. S.18°34'46"E. a distance of 243.05 feet to a fence post;
4. S.19°11'05"E. a distance of 553.56 feet to a fence post;
5. S.18°26'46"E. a distance of 391.18 feet from which point a 1/2" iron rod found at the
Southeast Corner of the 139.150 Acre Tract bears S.18°26'46"E., 24.47 feet;
THENCE crossing the said 139.150 Acre Tract the following four courses:
1. N.89°20'47"W., a distance of 1289.47 feet
2. N.23°46'40"W., a distance of 61.17 feet;
3. N.67°43'40"W., a distance of 1275.88 feet;
4. N.81 °35'40"W., a distance of 181.17 feet to the East Line of that 10.00 Acre Tract conveyed
to Jonah Water Supply Utility District by deed recorded in Document No. 2003028825 of the
Official Public Records of Williamson County, Texas;
THENCE along the Easterly and Northerly Line of 10.00 Acre Tract and along a common line with
the 139.150 Acre Tract the following two courses:
1.. N.13°43'16"W, a distance of 507.31 feet to a 1/2" iron rod found;
2. S.71 °47'27"W. a distance of 650.69 feet, from which point a 1/2" iron rod found in the East
Line of County Road 110 at the Northwest corner of the 10.00 Acre Tract bears
S.71 °47'27"W. 37.36 feet;
THENCE N.14°17'11"W., crossing the said 139.150 Acre Tract, a distance of 694.34 feet to the
South line of that 0.99 Acre Tract conveyed to Terry Holmstrom by Deed Recorded in Volume
930, Page 514 of the Deed Records of Williamson County, Texas;
THENCE N.72°11'01"E., along the South line of the 0.99 Acre Tract and the North line of the
139.150 Acre Tract, a distance of 362.91 feet to a 1/2" iron rod found at the Southeast corner of
the 0.99 Acre Tract and the most Southerly Southwest corner of the 105.031 Acre Tract;
THENCE N.18°54'35"W., along the Westerly line of the 105.031 Acre Tract and the East Line of
the 0.99 Acre Tract, a distance of 42.58 feet to the Southerly corner of that 8.602 Acre Tract
conveyed to J. E. Howe and wife, by Deed Recorded in Document No. 9731354 of the Official
Public Records of Williamson County, Texas;
THENCE along the Easterly Line of the 8.602 Acre Tract and the Westerly Line of the 105.031
Acre Tract the following two courses:
1. N.40°59'14"E. a distance of 326.15 feet;
Page 2 of 3 S:\LAND1350-1399\1390\DOCS\1390-MUD-2.doc
310.915 ACRES
2. N.18°04'46"W. a distance of 656.20 feet to the Northeast corner of the 8.602 Acre Tract;
THENCE S.71°15'05"W., along the North line of the 8.602 Acre Tract and a line common with the
105.031 Acre Tract, a distance of 617.04 feet, from which point a 1/2" iron rod found in the east
line of County Road 110 at the Northwest corner of the 8.602 Acre Tract bears S.71 °15'05"W.,
22.36 feet;
THENCE N.18°27'44"W., crossing the 105.031 Acre Tract, a distance of 1130.72 feet to the North
Line of the 105.031 Acre Tract and the South Line of the 34.74 Acre Tract;
THENCE N.18°27'48"W., crossing the 34.74 Acre Tract, a distance of 615.91 feet to the Point of
Beginning.
Containing 310.915 Acres, more or less.
a.,,Fceo s
RANDALL S. JONES
REGISTERED PROFESS
STATE OF TEXAS
R J SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
AL LAND SURVEYOR No. 4391
9 / / 4 -/oto
This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which
it was prepared.
Page 3 of 3 S:\LAND1350-139911390\DOCS\1390-MUD-2.doc
SIENA
WILLIAMSON COUNTY, TEXAS
P.O.B.
SIENA
M.U.D. No. 2
PARCEL C
NOTE:
FIELD NOTES HAVE BEEN
WRITTEN TO THE "FUTURE"
RIGHT-OF-WAY LINE
SCALE 1"=I100'
OUNTY ROAD #109
Vint
EXISTING RIGHT—OF—WAY (TYP.)
—FUTURE RIGHT—OF—WAY` (TYP.)
1100'
2200'
1/2 mile
3300'
PARCEL Ai
SIENA
.D. No. 1
EXISTING RIGHT—OF—WAY(TYP.)
—FUTURE RIG}IT—OF—WAY �T1 P.)
P.O.B.
FIELD NOTE
SKETCH
EXHIBIT A
EXHIBIT B
[Concept Plan including Boundary Roads and Arterials]
251729-4 10/03/2006
.�� rr-�ssl r�G91e,g1 Y9-uup-liw �i
0
SIEN
WILLIAMSON COUNTY, TEXAS
NOTE:
SINGLE FAMILY
85.584 Acres
Max. 4 units
PARCEL 3
per acre
"...051147.
ULTI—FAMIL
22.00 Acres
Max. 20 units
per acre
PARCELS I, 2 & 3 WILL
REQUIRE CONCEPT PLAN
APPROVAL BY THE CITY
OF ROUND ROCK PRIOR
TO PRELIMINARY PLAN
SUBMITTAL.
SCALE 10=1100'
zutirtimAD
#109
yet
41,717.7.1.4`..
111111111111111
1111111111111
1100'
2200'
1/2 mile
5200'
HOUS
0.4 Acres
Max. 12 units
per acre
OWNHOUS
5.2 Acres
Mex. 12 units
per sere
19
Annul
Ig101-151111111
PO Er
11018
IDO
En
tat mr.
41111111.
tommungo
emeitesennen
aittiggennuaniatu E
k141[111-1
PARCEL 2
MULTI FAMILY
68.79 Acres
Max. 20 units
per acre
PARCEL 1
SINGLE FAMILY
124.393 Acres
Max. 4 units
per acre
CONCEPT PLAN
EXHIBIT B
EXHIBIT C
[McNutt Interceptor Schematic Plan
Including Depiction of Line A, Line B and Line D]
251729-4 10/03/2006
Wastewater Line Capacities
Paloma Lake Sienna Hills
M.U.D. Districts 1 & 2 M.U.D. Districts 19 & 20
Preliminary Engineering Study - June 2006
Per Consent Agreement Exhibit "C"
Uro C7
1r UII1oa. 84i1doul
C7. (47% Fail Ctpedly) • 888 GPM
847 LU.E'. ®1.38% Slope
Um CS
13. 1EYns. 8J1do 1
C1. 1l6%FJI Cao.1 •21951951
2007 LUE'. A 1]0% SMp.
04419n PL 12A
M1 FL n•016.16'
101 FL Cal • e96]r
Crowd U.•. • 766'
INp.pN•M 51'
Una C5
18' U8111‘e1. atildoli
1r Pelome R.air-r'11
1.38% Slope
Lim 03
Ir U.4n.t. BJMa.t
tr sunne141. 0. men*
C7 • enc Full Co.) • 454 GAY
661LUL'. 11 M%Slep.
Un.
Un. C2
377 Mimi*85164I
r ..k.r1M
0.
• 05% R a6%FJI.00.0.1' 959 0111
001 LU.E'. A OM%5710
0•41g.1.4. 13A
*1471. 1.1•08460'
1" FL OUT. 50310'
Ground Elm. • 716'
III 0.01.347
7415 LLLE'l
690 054
1.1,•• 04
7r Mtn.. Bak*.t
0 • (WA FJ1 C.p) • 6157 CPU
4751 LIS£Y
cos LF. A0.16%9140.
co
27' 184.11. 5141553.
tr 3Mnr1. 1r. R. 1r.m.nl
D2.1.2%671 Ctp) .5545 CP4
74101-114.1
2900 LF. 10.54%11.0..
tum C,
Sr Pdo, . .gBak.1
Ir "'dorm R•C..d1yl
C t • art r .1 C specify). 10,515 CPM
12770 LUE'. SO 4369•,
Ln. 82
21' W.n.1.8J1d.11
Ir P.brn. R.gJ.w•.rl
C6 • C9•
8] 116.36FJI CIR) • 3612 CPU
4127 LU E:.(k I ]5%34.0..
Ln. 01
Cr Mind. &Jude.
1r Isle Ira M.+Amn..1
81. 414%rll 0.0.1.14722 CPM
19.5341LUE'. LUE1 010.3.11 Slot.
°wor 7t 13
.11.4 fl •476.10
FLQA•571a
1440.4Ove•
4 O•. 4111. 1. d'
Som LLLEY
51 9 0111
L.1101
2r UY•0• 8744.45
1r SMnm H1114 044.41••••••1
01 • «Rrsl C.pl• 5329 CU
12,430 LUE.•e
69601-E 00 IBMS.,
13•.14n K 11
M1 FL In •im7F
54171 Oul•QOM
Quire Elm. • 611'
Dp18.233r
■ ■ 1 Proposed Wastewater Lines
sal McNutt Creek Wastewater Interceptor
Phase 1
lino A
1r 1.41.114 8J14oJ
21' PMn• R.pAn••.nl
A • 00%Full 041.24334 PY
32.076 LUEN .1122% SMF•
Mw1vai!IRJEN
{•
sa11u�1 {:.71%..111
�iaiiii r�u�.,F,
111111111114%anmll nil-.
. 111111111111+I f\t►\° ti
4_444_ •i ' ei t
0
Sienna Nllk M.U.D. Boundary
Paloma Lake M.U.D. Boundary
Round Rock Manholes
Round Rock Parcels
Round Rock Wastewater Lines
EXHIBIT C
EXHIBIT D
Line A Construction Schedule
Item Completion
Geotechnical, Surveying October, 2005
Design (Plans and Specifications) December, 2005
Easement Acquisition January, 2006
Bid and Award February, 2006
Construction August, 2007
251729-4 10/03/2006
EXHIBIT E
Line A Preliminary Budget
Capital Cost $12,638,241
Land Acquisition 16,728
Engineering Costs 1,271,680
Total Estimated Budget $13,829,649
251729-4 10/03/2006
EXHIBIT F
[Roadway Improvements]
251729-4 10/03/2006
SIENAA
WILLIAMSON COUNTY, TEXAS
ri
SINGLE FAMILY
91.3134 Arres
tQUM11YROAD #10
ELF -
COUNTY ROAD #110 --
SINGLE FAMILY
124.393 Acres
21 11 !
a am a!
a!!! IO
MUM
imam
NMse OIL
as
o! 1p000 !�
us
eeeeee1
,loeoeoele
glia i mummunIii°1
RANDALL JONES ENGINEERING, INC.
ar� a e,er
AUSw. rzs .es, rs:1 eye -ova
R✓ SURVEYING, INC.
MULTI FAMILY
69.570 Acres
ROADWAY IMPROVEMENTS
EXHIBIT F
EXHIBIT G
A RESOLUTION GRANTING THE CONSENT OF THE
CITY OF ROUND ROCK, TEXAS,
TO THE CREATION OF
SIENA MUNICIPAL UTILITY DISTRICT NOS. 1 AND 2
WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION
RESOLUTION NO.
WHEREAS, the City of Round Rock has received a Petition for Consent to the Creation
of Municipal Utility Districts, proposed to be known as Williamson County Municipal Utility
Districts No. 19 and Williamson County Municipal Utility District No. 20 located upon 605.54
acres, each located in the City's extraterritorial jurisdiction, copies of which petitions are
attached as Exhibit 1;
2005;
WHEREAS, the City granted consent to the creation of the Districts on September 22,
WHEREAS, the petitioner and the City desire to amend and restate the Consent
Agreement for the creation of the Districts;
WHEREAS, the petitioner has requested the City acknowledge a change to the names of
the proposed districts and to amend the name of the entity which will develop the land within the
District;
WHEREAS, the petitioner desires to include additional acreage in each of the Districts
and the City is willing to include such additional acreage; and
WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Local
Government Code provide that land within a city's extraterritorial jurisdiction may not be
included within a district without the city's written consent; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ROUND ROCK, TEXAS:
Section 1. That the City Council of the City of Round Rock, Texas, gives its written
consent to the creation of two municipal utility districts, proposed to be known as Siena
Municipal Utility District No. 1 and Siena Municipal Utility District No. 2 on 859.94 acres of
land, as described in the attached petitions.
Section 2. That the City Council agrees that each District described in Section 1 will
contain a portion of the Land, as determined by the property owner. No further action on the part
of the City will be required to the establishment of the Districts' boundaries; however, the City
251729-4 10/03/2006
will provide confirmation of its consent if requested to do so by the owner of the Land or any
District .
Section 3. That the City Council further agrees that Siena Municipal Utility Districts No.
1 and No. 2 may annex or exclude property within the Land and adjust their boundaries as
between the Districts as necessary to facilitate the extension of utilities to and the development
of the Land. No further action on the part of the City will be required to evidence its consent to
the annexation or exclusion of portions of the Land by a District, but the City agrees to provide
additional confirmation of its consent if requested to do so by the owner of the Land or either
District.
PASSED AND APPROVED on the day of , 2006.
Mayor, City of Round Rock
ATTEST: APPROVED:
City Secretary City Attorney
251729-4 10/03/2006
EXHIBIT H
Terms of Wholesale Wastewater Services
1. The City will provide wholesale wastewater utility services to the Districts,
sufficient to serve the land uses shown on the Concept Plan, for cost of service wholesale
wastewater utility rates. These rates may be reviewed and adjusted by the City annually, based
on a cost of service study performed by the City. The City shall be entitled to include a
reasonable rate of return in the utility rates.
2. The City will receive, treat and dispose of all sewage generated by customers
within the Districts. The City will maintain an adequate wastewater treatment capacity at all
times to serve the customers within the Districts at the same level these services are provided
within the City. The City may limit service to the Districts in the same manner and to the same
extent that service is limited inside the City limits.
3. Upon the payment of applicable City wastewater capital recover fees, subject to
any credits or waivers provided for in this Agreement, the District will have a guaranteed
reservation and commitment of capacity in the City's wastewater utility system for the amount of
capacity for which these fees have been paid.
4. The Developer will provide easements for all District master meters in accordance
with City Ordinance requirements. Master meters shall be installed to measure District
wastewater flows. In the event wastewater mains enter the District from other City service areas,
master meters will be installed at both ends of the system serving the District so that the
differential flows will be measured to determine flows from District customers.
251729-4 10/03/2006
r s0-1.199 1levlap \r k1
SIENA
WILLIAMSON COUNTY, TEXAS
- P.O.B.
SIENA
M.U.D. No. 2
PARCEL C
NOTE:
FIELD NOTES HAVE BEEN
WRITTEN TO THE "FUTURE"
RIGHT-OF-WAY LINE
SCALE: 1"=1100'
0 1100'
OUNTY ROAD #10
IftH
\
2200'
t/2 mile
3300'
EXISTING RIGHT—OF—WAY (TYP.)
FUTURE RIGHT—OF—WAY` (TYP.)
SIENA
U.D. No. 1
EXISTING RIGHT—OF—WAY (TYP.)
FUTURE RIGHT—OF—WAY kTYP.)
P.O.B.
PARCEL AI
H
F
FIELD NOTE
SKETCH
EXHIBIT A
DATE: October 5, 2006
SUBJECT: City Council Meeting, October 12, 2006
ITEM: 11.E.1. Consider a resolution authorizing the Mayor to execute an
Amended and Restated Consent Agreement with RSP Partners
Development, L.P. for the creation of Siena Municipal Utility
Districts 1 and 2.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning Director
Justification:
The developer has requested amendments to the MUD Consent Agreement. The proposed
MUD is located east of CR 110 in the far eastern portion of the ETJ. The primary changes in
the agreement are the following:
1. The LUEs provided to the MUD for Wastewater have increased from 2,353 to 3,975.
2. The acreage has increased from 605.54 acres to 859.94 acres.
3. The attached Concept Plan has been amended to accomplish the following:
a. Add 254.4 acres to the plan.
b. Amend the internal street design.
c. Provide access to new parcels.
d. Utility locations have been adjusted to reflect changes in the Concept Plan.
e. The developer agrees to extend the major waste water lines to the northern edge
of his development within 24 months. This ensures the availability of lines for
development in the SH 130 area.
4. Widening for CR 109 & 110 will be deeded to the City. This will permit annexation of
these arterial roadways into the City.
5. The average single-family lot size has been reduced from 9057 square feet to 8545
square feet.
6. Detailed concept plans will be required for the additional 254.4 acres. These concept
plans will require P&Z approval.
The Planning & Zoning Commission approved the revised Concept Plan on May 3, 2006.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This amends the Consent Agreement approved by Council on September 22"d, 2005.
Public Comment: None required.
EXECUTED
DOCUMENT
FOLLOWS
AMENDED AND RESTATED
CONSENT AGREEMENT
AMONG
CITY OF ROUND ROCK, TEXAS,
RSP PARTNERS DEVELOPMENT, L.P.
(formerly Double J Investments, L.P.)
AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 1
AND
SIENA MUNICIPAL UTILITY DISTRICT NO. 2
(formerly Williamson County Municipal Utility District
Nos. 19 and 20)
R-060-/0-12.-ne
251729-4 10/03/2006
AMENDED AND RESTATED
CONSENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
This Amended and Restated Consent Agreement ("Agreement") is among the City of
Round Rock, Texas, a home -rule city located in Williamson County, Texas (the "City"), RSP
Partners Development, L.P. (the "Developer"), and Siena Municipal Utility District No. 1
and Siena Municipal Utility District No. 2 ("District" or "Districts"), each of which are
municipal utility districts to be created, and who, after creations and organizations, will each join
in this Agreement.
INTRODUCTION
The Developer owns or has an option to purchase approximately 859.94 acres of land
located within the extraterritorial jurisdiction of the City (the "Land"). The Land is more
particularly described by metes and bounds on the attached Exhibit A, and its boundaries are
depicted on the concept plan attached as Exhibit B ("Concept Plan").
The Developer intends to develop the Land as a master -planned, residential community
that will include park and recreational facilities to serve the community. Because the Land
constitutes a significant development area that will be developed in phases under a master
development plan, the Developer and the City wish to enter into this Agreement, which will
provide an alternative to the City's typical regulatory process for development, encourage
innovative and comprehensive master -planning of the Land, provide certainty of regulatory
requirements throughout the term of this Agreement and result in a high-quality development for
the benefit of the present and future residents of the City and the Land.
Therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, including the agreements set forth below, the parties contract as follows.
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. In addition to the terms defined elsewhere in this Agreement
or in the City's ordinances, the following terms and phrases used in this Agreement will have the
meanings set out below:
Agreement: This Consent Agreement between the City of Round Rock, Texas and
Developer.
Blake Magee Investments, L.P. or Magee: The owner of the tract or tracts adjacent to the
Land, which are also intended to receive service through the McNutt Interceptor.
City: The City of Round Rock, Texas, a home -rule city located in Williamson County,
Texas.
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City Manager: The City Manager of the City.
Commission or TCEQ: The Texas Commission on Environmental Quality or its
successor agency.
Conceptual Development Plan: The concept plan for the Land attached as Exhibit B, as
amended from time to time in accordance with this Agreement.
County: Williamson County, Texas.
Developer: RSP Partners Development, L.P., a Texas limited partnership, or its
successors and assigns under this Agreement.
Districts: Siena Municipal Utility District No. 1 and Siena Municipal Utility District No.
2, the political subdivisions of the State of Texas to be created over the Land, with the consent of
the City, as provided in this Agreement. As used in this Agreement, "District" means either of
the Districts.
Effective Date of this Agreement: The date when one or more counterparts of this
Agreement, individually or taken together, bear the signature of all parties.
Land: Approximately 859.94 acres of land located in the City's extraterritorial
jurisdiction, as described by metes and bounds on Exhibit A.
Line A: The segment of the McNutt Interceptor located between the Treatment Plant and
McNutt Creek, as indicated on Exhibit C.
Line B: The segments of the McNutt Interceptor located between the terminus of Line A
and the southern boundary of the adjacent tract owned by Magee and between the terminus of
Line A and the Land, as indicated on Exhibit C.
Line D: The segments of the McNutt Interceptor located at the terminus of Line A, as
indicated on Exhibit C.
McNutt Interceptor: The City wastewater interceptor project, as generally depicted on
Exhibit C, which will transport wastewater generated by customers located within the McNutt
drainage basin as defined by the City to the Treatment Plant.
Treatment Plant: The Brushy Creek East regional wastewater treatment plant.
ARTICLE II
DEVELOPER'S COMMITMENTS TO THE CITY
Section 2.01 McNutt Interceptor Project. The City proposes to construct Line A of
the McNutt Interceptor Project according to the construction schedule attached as Exhibit D.
The preliminary budget for the McNutt Interceptor is attached as Exhibit E. The City desires
that the Developer participate in the cost of construction of the McNutt Interceptor and the
Developer is willing to do so on the terms set forth in this Article.
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Section 2.02 Line A. The Developer will cost participate with the City to finance Line
A of the McNutt Interceptor as follows:
(a) Line A Capacity Payment. The Developer will pay the City the sum of
$4,802,352 which will be applied by the City to pay a portion of the costs of Line A (the
"Capacity Payment"). The Capacity Payment will be paid as provided in subsections (b) and (h).
In consideration of the Capacity Payment for 3,975 living unit equivalents ("LUEs") of
wastewater capacity in Line A, will be reserved for and allocated to the Developer, on behalf of
the Districts, as provided in this Agreement.
(b) Line A Plans. Line A will be designed by Karen Friese and Associates (the
"Engineer"). Upon completion of the preliminary plans and specifications for Line A (the "Line
A Plans"), the Engineer will submit a set of the Line A Plans to the City and a set to the
Developer for review and approval. The Developer agrees to review the Line A Plans and either
approve them or provide written comments specifically identifying any required changes within
10 days of receipt. If Developer fails to either approve the Line A Plans or provide written
comments within this 10 -day period, the Line A Plans will be deemed approved. No changes
which would adversely affect the capacity to be allocated to and reserved for Developer, on
behalf of the Districts, may be made to the Line A Plans unless the changes are submitted to
Developer, which will have the same review and approval rights as provided above. The
Developer's approval of the Line A Plans will not be unreasonably withheld. The Developer
will reimburse the City for 25% of the cost of the Line A Plans within thirty (30) days of the
City's written request, accompanied by a copy of the City's contract with the Line A Engineer.
The City may make such request for reimbursement from the Developer for one-half of such
cost when the plans are 50% complete and for the remainder of the cost when the plans are
complete. The amounts paid by the Developer under this subsection will be applied against and
will reduce the remaining sum due for the Capacity Payment.
(c) Construction Schedule. The City will proceed with the design of, easement
acquisition for, and construction of Line A in accordance with the construction schedule attached
as Exhibit D, subject, however, to extensions of time due to force majeure. The City
acknowledges that the Developer is relying on service being available to the Districts in
accordance with such construction schedule, and agrees that wastewater service will be made
available on or before the date specified in Exhibit D.
(d) Bidding and Contract Award. The contract for construction of Line A will be
advertised for bid by the City in accordance with all applicable legal requirements, including
Chapter 252, Texas Local Government Code and awarded by the City to the lowest responsible
bidder.
(e) Payment Bond. At such time as the City awards a contract for the construction of
Line A, the City will give written notice to the Developer accompanied by a copy of the accepted
bid, and the Developer will obtain and deliver to the City within thirty (30) days a payment bond
or letter of credit in the amount of the Capacity Payment less any payments previously made by
the Developer under subsection (b) (the "Fiscal Security") to secure the Developer's obligation
to pay the unpaid portion of the Capacity Payment to the City as provided in this Agreement.
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(f) Construction. Line A will be constructed in a good and workmanlike manner, and
all material used in such construction will be substantially free from defects and fit for its
intended purpose. The Developer or the Districts may, at their own expense, inspect the
construction.
(g) Status Reports. The Line A Engineer will provide the Developer and the City
with monthly construction status reports.
(h) Progress Payments by Developer; Acceptance. The Developer agrees to fund the
unpaid portion of the Capacity Payment (less any credit under Section 2.05) to the City as
follows:
Upon contract award: 25%
Upon 25% completion: 25%
Upon 75% completion: 25%
Upon substantial completion: 25%
Upon acceptance of Line A by the City Any remaining amount still
due the City
The City will deliver written notice to the Developer of each payment due, which will be
accompanied by a copy of the related pay request and the Line A Engineer's approval of the
related percentage of the work. The Developer will fund the payment within 30 days after
receipt of the related request and supporting documentation, and will be entitled, upon such
payment, to reduce the amount of the Fiscal Security so that the Fiscal Security at all times
corresponds with the total remaining amount of the Capacity Payment due to the City under this
Agreement. Promptly following completion of construction, and Developer's final payment to
the City, the City will return the Fiscal Security to Developer. If the Developer fails to pay any
sum due to the City as set out herein, the City may require payment under and in accordance
with the Fiscal Security.
(i) Guarantee and Reservation of Capacity. Upon completion of Line A and payment
of the Capacity Payment to the City as required under this Agreement, 3,975 LUEs of capacity in
Line A will be irrevocably and permanently reserved for and committed to the Developer, on
behalf of the Districts. The Developer may, at any time, transfer such capacity to the Districts by
written notice to the City. The Developer shall not transfer such capacity to any other entity or
person without the prior written consent of the City, which consent will not be unreasonably
withheld.
2.03. Line B. It is understood and acknowledged that Line B may or may not provide
service to the Land but a portion of Line B will be located within the Land. The City and the
Developer agree to cooperate in connection with the construction of Line B, as provided in this
Section.
(a) Line B Plans; Oversizing. Line B will be designed by Randall Jones Engineering,
Inc. (the "Line B Engineer"). Upon completion of the preliminary plans and specifications for
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Line B or a segment of Line B if Line B is designed in phases (the " Line B Plans"), the Line B
Engineer will submit a set of the Line B Plans to the City and a set to the Developer for review
and approval. The City agrees to review the Line B Plans and either approve them or provide
written comments specifically identifying any required changes within fourteen (14) days of
receipt. The City's approval of the Line B Plans will not be unreasonably withheld. Developer
will not be cost participating in the Line B project.
(b) Easements. The Developer agrees to donate an easement across Developer's
property that is required for Line B for the construction of Line B in accordance with the
Construction Schedule attached as Exhibit D.
(c) Construction Schedule. It is understood that Magee will proceed with the design
of, easement acquisition for, and construction of Line B in accordance with the construction
schedule set forth in Magee's agreement with the City as Magee's Exhibit F, subject, however, to
extension of time due to force majeure.
(d) Status Reports. The Line B Engineer will provide the Developer, Magee and the
City with monthly construction status reports.
Section 2.04. Line D. Service to the Districts from the McNutt Interceptor will require
the construction of Line D which will connect to Line A and will be constructed in five phases,
as Line D-1, Line D-2, Line D-3, Line D-4 and Line D-5, as shown on Exhibit C. In order to
serve the Districts only, Line D-1 would be required to be constructed as a 15 -inch line, Line D-2
would be required to be constructed as a 12 -inch line, and Line D-3 would be required to be
constructed as 10 -inch line. The City has requested that Lines D-1 and D-2 be oversized as a 27 -
inch lines, Line D-3 be built as a 10 -inch line, Line D-4 and Line D-5, will not be used by the
Districts, but will be constructed of 27 -inch and 24 -inch lines, respectively, in order to provide
capacity for future development. The City and the Developer agree to cooperate in connection
with the construction of Line D, as provided in this Section. Oversizing of phases of Line D
shall be paid by the City in accordance with Subsection C below.
Lines D-1, D-2 and D-4 shall be constructed by the Developer to the eastern boundary of
the Land within 24 months of the approval of this Agreement by the City. These lines are shown
on Exhibit C.
(a) Line D Plans: Oversizing and Construction. Line D will be designed by
Developer's engineer (the "Line D Engineer"). Upon completion of the preliminary plans and
specifications for Line D, or a segment of Line D if Line D is designed in phases (the "Line D
Plans"), the Line D Engineer will submit a set of the Line D Plans to the City and a set to the
Developer for review and approval. The City agrees to review the Line D Plans and either
approve them or provide written comments specifically identifying any required changes within
fourteen (14) days of receipt. The City's approval of the Line D Plans will not be unreasonably
withheld. The City will reimburse the Developer for the City's cost share, as described in
subsection (c), below, of (a) engineering fees for the Line D Plans not to exceed twelve and one-
half percent (12 1/2%) of the construction cost of Line D, and (b) the costs of inspection, testing,
permits and environmental studies for Line D. Such reimbursement shall be made within 30
days of the Developer's written request, accompanied by a copy of the Developer's contract with
the Line D Engineer, documentation confirming the Developer's payment of the Line D
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Engineer for the Line D Plans and documentation confirming the Developer's payment for the
costs of inspection, testing, permits and environmental studies.
(b) Bidding and Contract Award. The contract for construction of each phase of Line
D will be advertised for bid by the Developer, on behalf of the Districts, in accordance with all
applicable legal requirements, including Chapter 49, Texas Water Code. Each phase of Line D
will be bid both at the size originally proposed by the Developer and at the size required by the
City. The contract or contracts for Line D will be awarded by the Developer, on behalf of the
Districts, to the lowest responsible bidder. Provided, however, in the event the lowest bid for the
oversize portion of the contract is not the low bidder for the entire contract, the City may review
the bids to determine whether or not the oversize portion of the contract should be re -bid as a
separate project.
(c) City Cost Share. The City's share of the costs of each phase of Line D will be the
difference between the cost of that phase if built at the size required to serve the Districts only
and the cost of the phase built at the size required by the City, based on the low bid amounts.
(d) Construction. Each phase of Line D will be constructed in a good and
workmanlike manner, and all material used in such construction will be substantially free from
defects and fit for its intended purpose. The City will inspect the construction, and the
Developer will pay the City a portion of the costs of such inspections, based on the percentage of
construction costs for that phase of Line D being borne by Developer as determined under (c).
(e) Status Reports. The Line D Engineer will provide the Developer and the City
with monthly construction status reports.
(f) Progress Payments by City. The City agrees to pay a share of the cost of each
phase of Line D, based on the incremental cost determined under (c), above, in accordance with
Section 8.503(4) of the Round Rock City Code regarding reimbursement for oversized mains. If
there are insufficient funds in the City's oversize account to make any payments due under this
Section, the Developer will be entitled to a credit against any wastewater oversize fees otherwise
due under Section 8.503 of the City Code and against any impact fees otherwise due to the City.
(g) Guarantee and Reservation of Capacity. Upon completion of each phase of Line
D and payment by the City of its cost share as provided above, that phase of Line D will be
transferred and conveyed to the City subject to the irrevocable and permanent reservation of
3,975 LUEs of capacity to the Developer on behalf of the Districts. The conveyance will also be
subject to the Developer's right to reimbursement from the Districts as permitted by the rules of
the Commission. The City will accept each phase of Line D for ownership, operation and
maintenance, subject to the reservations described above. The Developer may, at any time,
transfer its reserved capacity in a phase of Line D to the Districts by written notice to the City.
Developer shall not transfer such capacity to any other entity or person without the express
written consent of the City, which will not be unreasonably withheld.
(h) City Pass Through Use of Wastewater Mains. It is understood and agreed among
the parties that the City may utilize District wastewater mains to provide wastewater service to
City retail customers in areas adjacent or near the Districts so long as (1) there is adequate
capacity for the full build -out of the Districts and the customers of the City to be served, and (2)
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the City meters the flows received from City customers and subtracts such flows from flows
received into the downstream City system from the District or Districts.
2.05 Credits Against Capacity Payment. The City acknowledges that certain costs
of the McNutt Interceptor are or will be included in the City's wastewater community impact fee
calculation and will be collected at the time the City's wastewater community impact fees are
paid for future development. It would not be equitable for the Developer to both cost participate
in the facilities described in this Article and pay a full wastewater community impact fee.
Therefore, in consideration of the Developer's construction and cost participation the McNutt
Interceptor as described in this Agreement, the Developer will receive a credit against the City's
wastewater impact fees for any costs of Line D that are included in the impact fee at the time of
payment.
ARTICLE III
WATER SERVICE
3.01 Water Utility Provider. The Land is located within the water service area of
Jonah Water Supply Corporation ("Jonah"). Water service to all of the Land shall be provided
by Jonah. Developer shall provide an engineering report certifying that the Jonah Water System
meets City code fire flow requirements prior to plat recordation. Not withstanding the above,
water may be provided by the City if this portion of the Jonah CCN is transferred to the City or
state law permits the City the right to assume such jurisdiction.
ARTICLE IV
ROADWAY IMPROVEMENTS
4.01 Infrastructure Fees; Right of Way Dedications.
(a) Subject to the credits described in this Section, the Developer will pay the City an
infrastructure fee of $3,600 per net developable residential acre, $7,452 per net developable
townhouse acre, $12,420 per net developable multi -family acre, and $14,130 per net developable
commercial acre within each approved final plat of a portion of the Land (the "Infrastructure
Fees"). These Infrastructure Fees will be calculated and paid at the time of recordation of each
final plat. As used in this Section, "net developable acre" means land actually used for
development and does not include land dedicated, conveyed or reserved for arterial rights-of-
way, detention ponds, public parks or open space. Subject to the prior written consent and
approval of the City, the cost of any improvements constructed by the Developer to roadways
depicted on the City's approved Roadway Plan dated March 2004, including County Road 109
and County Road 110, will be applied to and reduce the Infrastructure Fees payable to the City
under this subsection, and in no event will the Developer be required to make improvements
which, when added to the cost of improvements previously made plus the Infrastructure Fees
previously paid, exceed the total Infrastructure Fees otherwise payable under this subsection (the
"Fee Cap"). The City will give the Developer an opportunity to provide input to the City
regarding the expenditure of the Infrastructure Fees paid by the Developer, so that such fees are
used to improve roadways serving the Land. The City hereby consents to and approves the
improvements described on Exhibit F, and agrees that the Developer's cost of such
improvements will be applied to and reduce the Infrastructure Fees payable under this
subsection.
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(b) The Developer will dedicate by warranty deed, at no cost to the City, one-half of
the right-of-way required for roads shown on the Concept Plan which bound the Land, and 100%
of the right-of-way required for the portion of any arterials shown on the Concept Plan which
bisect the Land. The parties acknowledge that the final location of certain of such roadways may
be subject to minor changes based on the final right-of-way alignment. Any sums advanced by
the Developer for improvements outside of or on the boundaries of the Land required under this
subsection will be credited against the Infrastructure Fees and will be subject to the Fee Cap.
The Developer will dedicate by Warranty Deed, at no cost to the City all right of way required
for the widening of County Roads 110 and 109 that lie within the Land as shown on the Concept
Plan attached hereto as Exhibit B prior to the recordation of the first final plat within the
Concept Plan.
ARTICLE V
CONCEPT PLAN
Section 5.01 Phased Development. Developer intends to develop the Land in phases.
Portions of the Land not under active development may remain in use as income-producing
agricultural lands or as open space land.
Section 5.02 Concept Plan; Exceptions. The City hereby confirms (i) its approval of
the Concept Plan, and (ii) that the Concept Plan complies with the City's General Plan, as
amended. The City approves the land uses, densities, exceptions, roadway alignments and
widths and other matters shown on the Concept Plan, and confirms that the Conceptual
Development Plan has been approved by all required City departments, boards and commissions.
Provided, however, it is understood and acknowledged that at the present time the ultimate 100
year floodplain has not been determined for the Land. The Developer and the City agree that the
Concept Plan shall be modified to reflect the ultimate 100 year floodplain when it is determined
and Exhibit B shall be amended, administratively to reflect the change. The Developer shall
also provide to the City a copy of the engineering study that determines the location of the
ultimate 100 year floodplain for the Land. The parties understand and agree that those lands to
be included in one of the Districts that are not included in the current Concept Plan shall be
submitted in a concept plan prior to development.
Section 5.03 Development Review and Approval. It is the parties' mutual intention
that the City will have the sole responsibility for review and approval of all construction plans,
development plans, preliminary plans, and subdivision plats within the Land. If an amendment
to the City's interlocal agreement with Williamson County is required to assure that no County
review of such plans is required and that no related County Fees are assessed, the City agrees to
promptly request and use good faith efforts to obtain such an amendment.
Section 5.04 Term of Approvals. Except as provided below, the Concept Plan will be
effective for the term of this Agreement. Any preliminary subdivision plat or final subdivision
plat that is consistent with the Concept Plan, applicable City ordinances and State law will be
effective for the term of this Agreement. The Concept Plan will be deemed to have expired if no
final plat of the Land is recorded for a period of five (5) years or five (5) years expires after the
recordation of the last final plat.
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Section 5.05 Amendments. Due to the fact that the Land comprises a significant land
area and its development will occur in phases over a number of years, modifications to the
Concept Plan may become desirable due to changes in market conditions or other factors.
Variations of a preliminary plat or final plat from the Concept Plan that do not increase the
overall density of development of the Land, will not require an amendment to the Concept Plan.
Minor changes to the Concept Plan, including minor modifications of street alignments, minor
changes in lot lines, the designation of land for public or governmental uses; changes in lot sizes
that do not result in an increase in the overall density of development of the Land (including any
increase in lot sizes resulting in a decrease in the total number of lots) or any change to a public
use, including, but not limited to school use, will not require an amendment to the Concept Plan
or City approval. Major changes to the Concept Plan must be consistent with the terms of this
Agreement and will be subject to review and approval by the City, which will not be
unreasonably withheld.
ARTICLE VI
CREATION OF DISTRICT
Section 6.01 Consent to Creation of District. The City acknowledges receipt of
Developer's request, in accordance with Section 54.016, Texas Water Code and Section 42.042,
Texas Local Government Code, for creation of the Districts over the Land. On the Effective
Date of this Agreement, the City has approved resolutions attached as Exhibit G consenting to
the inclusion of the Land within the proposed Districts.
Section 6.02 Wholesale Wastewater Services to Districts. The City agrees to enter
into a wholesale wastewater utility services agreement with each of the Districts on the terms set
forth on Exhibit H. This agreement will include any other standard terms contained in City
wholesale wastewater service contracts that are not in conflict with the terms of Exhibit H. The
Districts will provide retail water and wastewater services within their respective boundaries.
Section 6.03 Street Lighting. Developer, or an electric utility, will construct all
required street lighting within the boundaries of the Districts, and the Districts will be required to
operate and maintain the street lighting within their respective boundaries.
Section 6.04 Annexation.
(a) The City agrees that it will not annex the District until: (i) water, wastewater and
drainage facilities have been completed to serve at least 90% of the developable acreage within
the District; and (ii) (a) Developer has been reimbursed by the District for the water, wastewater
and drainage facilities in accordance with the rules of the Commission or (b) the City has
expressly assumed the obligation to reimburse Developer under those rules. The City agrees
that a request for annexation will not be required with the filing of any final plat of property
within the District.
(b) Contemporaneously with the annexation of the land within the District, the City
will zone any undeveloped property within that District consistently with the land uses shown on
the Concept Plan, and will zone all developed property consistently with the land uses in
existence on the date of the annexation.
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ARTICLE VII
DEVELOPMENT MATTERS
Section 7.01 Generally. Developer will have the right to select the providers of
CATV, gas, electric, telephone, telecommunications and all other utilities and services,
including solid waste collection and recycling services, or to provide "bundled" utilities within
the Land.
Section 7.02 Drainage. The City agrees that the Land will be eligible to participate in
the City's regional detention facilities, rather than providing on-site detention, on the same basis
as other developments within the City's extraterritorial jurisdiction. Subject to the City's review
and approval of the Developer's drainage plan, the availability of capacity, and the payment of
all applicable City fees, the City agrees to provide written confirmation of its commitment of
detention capacity or services for the Land. The Developer, or its successors or assigns, will
maintain all stormwater drainage facilities within the Land that are not accepted by the District
for operation and maintenance, including all drainage easements. The City will not require the
installation of any drainage improvements which do not qualify for construction under the
existing nationwide Section 404 Permit issued by the Corps of Engineers.
Section 7.03 Fire Protection Services. The City and the Developer understand and
acknowledge that an emergency services district ("ESD") has been created which includes all of
the Land. The District and the Developer agree to cooperate with the ESD to provide fire
protection services to the Land.
Section 7.04 No Other Wastewater Oversizin2 Required. No further oversizing of
wastewater facilities to serve the Land is anticipated by the City at this time. If, in the future, the
City determines that it would be in its best interest to oversize additional facilities which are to
be constructed by the Developer, then the City may request that such facilities be oversized and,
provided that the oversizing does not result in a delay in construction and the City pays all costs
resulting from its request for oversizing, the Developer agrees to cooperate with the City to
accommodate such request. Except as provided in this Agreement, no other oversizing of or cost
participation in upsizing of facilities will be required of the Developer or the Districts, unless
such additional oversizing is required due to a change in the Developer's utility requirements or
an increase in the density of development of the Land above that projected in the Concept Plan.
ARTICLE VIII
PARK AND RECREATIONAL AMENITIES
Section 8.01 Parkland. The Developer agrees that the park and open space land shown
on the Conceptual Development Plan will be dedicated to the Districts, or another governmental
agency. The City agrees that Developer will receive a 100% credit for such dedication against
the City's parkland dedication requirements and the City further agrees that no additional
parkland dedication or park fees will be required. Any trails within the park and open space land
will be constructed in accordance with the City's standards and shall be open to the public.
Section 8.02 Improvements. Any playground equipment constructed by Developer
will meet consumer product safety standards.
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ARTICLE IX
AUTHORITY AND VESTING OF RIGHTS
Section 9.01 Authority. This Agreement is entered into, in part, under the statutory
authority of Section 402.104, Texas Local Government Code and Section 212.172 of the Texas
Local Government Code, which authorizes the City to make written contracts with the owners of
land establishing lawful terms and considerations that the parties agree to be reasonable,
appropriate, and not unduly restrictive of business activities. The parties intend that this
Agreement guarantee the continuation of the extraterritorial status of portions of the Land as
provided in this Agreement; authorize certain land uses and development on the Land; provide
for the uniform review and approval of plats and development plans for the Land; provide
exceptions to certain ordinances; and provide other terms and consideration, including the
continuation of land uses and zoning after annexation of the Land.
Section 9.02 Vesting of Rights. The Concept Plan submitted by Developer on
December 14, 2005 constitutes an application by Developer for the subdivision and development
of the Land, and initiated the subdivision and development permit process for the Land. The
City acknowledges that Developer has vested authority to develop the Land in accordance with
this Agreement subject to any limitations contained in Chapter 245, Texas Local Government
Code.
ARTICLE X
TERM, ASSIGNMENT AND REMEDIES
Section 10.01 Term. The term of this Agreement will commence on the Effective Date
and continue for 15 years thereafter, unless terminated on an earlier date under other provisions
of this Agreement or by written agreement of the City and Developer. Upon the expiration of 15
years, this Agreement may be extended, at Developer's request, with City Council approval, for
up to two successive 15 -year periods.
Section 10.02 Termination and Amendment by Agreement. This Agreement may be
terminated or amended as to all of the Land at any time by mutual written consent of the City
and Developer and, following creation of the District, the District, and may be terminated or
amended only as to a portion of the Land by the mutual written consent of the City and the
owners of the portion of the Land affected by the amendment or termination and, following
creation of the District, the District containing such portion of the Land.
Section 10.03 Assignment.
(a) This Agreement, and the rights of Developer hereunder, may be assigned by
Developer, with the City's consent, to a subsequent developer of all or a portion of the
undeveloped Land. Any assignment will be in writing, specifically set forth the assigned rights
and obligations and be executed by the proposed assignee. The City's consent to any proposed
assignment will not be unreasonably withheld or delayed.
(b) If Developer assigns its rights and obligations hereunder as to a portion of the
Land, then the rights and obligations of any assignee and Developer will be severable, and
Developer will not be liable for the nonperformance of the assignee and vice versa. In the case
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of nonperformance by one developer, the City may pursue all remedies against that
nonperforming developer, but will not impede development activities of any performing
developer as a result of that nonperformance.
(c) This Agreement is not intended to be binding upon, or create any encumbrance to
title as to, any ultimate consumer who purchases a fully developed and improved lot within the
Land.
Section 10.04 Remedies.
(a) If the City defaults under this Agreement, Developer may enforce this Agreement
by seeking damages and/or a writ of mandamus from a Williamson County District Court, or
may give notice setting forth the event of default ("Notice") to the City. If the City fails to cure
any default that can be cured by the payment of Money ("Monetary Default") within 45 days
from the date the City receives the Notice, or fails to commence the cure of any default specified
in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and
thereafter to diligently pursue such cure to completion, Developer may terminate this Agreement
as to all of the Land owned by Developer, or as to the portion of the Land affected by the default;
however, any such remedy will not revoke the City's consent to the creation of the District.
(b) If Developer defaults under this Agreement, the City may enforce this Agreement
by seeking damages and/or injunctive relief from a Williamson County District Court, or the
City may give Notice to Developer. If Developer fails to cure any Monetary Default within
45 days from the date it receives the Notice, or fails to commence the cure of any default
specified in the Notice that is not a Monetary Default within 45 days of the date of the Notice,
and thereafter to diligently pursue such cure to completion, the City may terminate this
Agreement; however, any such remedy will not revoke the City's consent to the creation of the
District.
(c) If either party defaults, the prevailing party in the dispute will be entitled to
recover its reasonable attorney's fees, expenses and court costs from the non -prevailing party.
Section 10.05 Cooperation.
(a) The City and Developer each agree to execute such further documents or
instruments as may be necessary to evidence their agreements hereunder.
(b) The City agrees to cooperate with Developer in connection with any waivers or
approvals Developer may desire from Williamson County in order to avoid the duplication of
facilities or services in connection with the development of the Land.
(c) In the event of any third party lawsuit or other claim relating to the validity of this
Agreement or any actions taken hereunder, Developer and the City agree to cooperate in the
defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim
without diminution in their respective rights and obligations under this Agreement.
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ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.01 Notice. Any notice given under this Agreement must be in writing and
may be given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing
it with Federal Express or another service guaranteeing "next day delivery", addressed to the
party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or
any agent of the party listed in this Agreement, or (iv) by confirmed facsimile with a confirming
copy sent by one of the other described methods of notice set forth. Notice by United States mail
will be effective on the earlier of the date of receipt or 3 days after the date of mailing. Notice
given in any other manner will be effective only when received. For purposed of notice, the
addresses of the parties will, until changed as provided below, be as follows:
CITY: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attn: City Manager
With Required Copy to: Steve Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
DEVELOPER: RSP Partners Development, L.P.
4111 Lakeplace Lane
Austin, Texas 78746
Attention: John Lloyd
With Required Copy to: Sharlene N. Collins
Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
The parties may change their respective addresses to any other address within the United States
of America by giving at least five days' written notice to the other party. Developer may, by
giving at least five days' written notice to the City, designate additional parties to receive copies
of notices under this Agreement.
Section 11.02 Severability; Waiver. If any provision of this Agreement is illegal,
invalid, or unenforceable, under present or future laws, it is the intention of the parties that the
remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or
unenforceable provision, that a provision be added to this Agreement which is legal, valid, and
enforceable and is as similar in terms to the illegal, invalid or enforceable provision as is
possible.
Any failure by a party to insist upon strict performance by the other party of any material
provision of this Agreement will not be deemed a waiver thereof or of any other provision, and
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251729-4 10/03/2006
such party may at any time thereafter insist upon strict performance of any and all of the
provisions of this Agreement.
Section 11.03 Applicable Law and Venue. The interpretation, performance,
enforcement and validity of this Agreement is governed by the laws of the State of Texas.
Venue will be in a court of appropriate jurisdiction in Williamson County, Texas.
Section 11.04 Entire Agreement. This Agreement contains the entire agreement of the
parties. There are no other agreements or promises, oral or written, between the parties
regarding the subject matter of this Agreement. This Agreement can be amended only by written
agreement signed by the parties. This Agreement supersedes all other agreements between the
parties concerning the subject matter.
Section 11.05 Exhibits, Headings, Construction and Counterparts. All schedules and
exhibits referred to in or attached to this Agreement are incorporated into and made a part of this
Agreement for all purposes. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever
appropriate, words of the masculine gender may include the feminine or neuter, and the singular
may include the plural, and vice -versa. The parties acknowledge that each of them have been
actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of
construction that any ambiguities are to be resolved against the drafting party will not be
employed in interpreting this Agreement or any exhibits hereto. If there is any conflict or
inconsistency between the provisions of this Agreement and otherwise applicable City
ordinances, the terms of this Agreement will control. This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an original, and all of which will
together constitute the same instrument. This Agreement will become effective only when one
or more counterparts, individually or taken together, bear the signatures of all of the parties.
Section 11.06 Time. Time is of the essence of this Agreement. In computing the
number of days for purposes of this Agreement, all days will be counted, including Saturdays,
Sundays and legal holidays; however, if the final day of any time period falls on a Saturday,
Sunday or legal holiday, then the final day will be deemed to be the next day that is not a
Saturday, Sunday or legal holiday.
Section 11.07 Authority for Execution. The City certifies, represents, and warrants that
the execution of this Agreement is duly authorized and adopted in conformity with its City
Charter and City ordinances. Developer hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the articles of
incorporation and bylaws or partnership agreement of each entity executing on behalf of
Developer.
Section 11.08 Force Majeure. If, by reason of force majeure, either party is rendered
unable, in whole or in part, to carry out its obligations under this Agreement, the party whose
performance is so affected must give notice and the full particulars of such force majeure to the
other party within a reasonable time after the occurrence of the event or cause relied upon, and
the obligation of the party giving such notice, will, to the extent it is affected by such force
majeure, be suspended during the continuance of the inability but for no longer period. The
14
251729-4 10/03/2006
party claiming force majeure must endeavor to remove or overcome such inability with all
reasonable dispatch.
The term "force majeure" means Acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind of the government of the United States
or the State of Texas, or of any court or agency of competent jurisdiction or any civil or military
authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, vandalism, explosions, breakage or accidents to machinery, pipelines or canals, or
inability on the part of a party to perform due to any other causes not reasonably within the
control of the party claiming such inability.
Section 11.09 Exhibits. The following exhibits are attached to this Agreement, and
made a part hereof for all purposes:
Exhibit A - Metes and Bounds Description of the Land
Exhibit B - Concept Plan including Boundary Roads and Arterials
Exhibit C - McNutt Interceptor Schematic Plan Including Depiction
of Line A, Line B and Line D
Exhibit D - Line A Construction Schedule
Exhibit E - Line A Preliminary Budget
Exhibit F - Roadway Improvements
Exhibit G - District Consent Resolution
Exhibit H - Terms of Wholesale Wastewater Services
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
dates indicated below.
CITY OF ROUND ROCK
By:
Na
Title:
Date:
15
251729-4 10/03/2006
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was
t ,cif 5 C601A.
RSP PARTNERS DEVELOPMENT, L.P.
By: RSP GP, INC., 'ts General P. ner
r
By: `\.
John S. ()Co
Direc or
Date: [/Co /k
acknowledged before me on (�i�� e� , 2006, by
of the City of Round Rock, a home -rule city on behalf
of said City.
(Seal)
THE STATE OF TEXAS
COUNTY OF TRAVIS
--a
/1/-1 6 7(1
i6A, CA.
Notrfy Public Signature
This instrument was acknowledged before me on (2cJ NV, 2006, by John S.
Lloyd, Director of RSP GP, Inc., general partner of RSP Partners Development, L.P., a Texas
limited partnership on behalf of said limited partnership.
Notary Public Signature
(S
Sharlene N. Collins
Notary Public
State of Texas
My Commission Expires
FEBRUARY 24, 2008
16
251729-4 10/03/2006
EXHIBIT A
[Metes and Bounds Description of the Land]
17
251729-4 10/03/2006
549.02 Acres
PARCEL A:
EXHIBIT A
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
MCNUTT SURVEY, ABSTRACT No. 422, BEING A PART OF TRACT 1, CONTAINING 40.000
ACRES; TRACT 2, CONTAINING 30.00 ACRES; TRACT 3, CONTAINING 19.994 ACRES; AND
TRACT 4, CONTAINING 100.111 ACRES, CONVEYED TO DOUBLE J INVESTMENTS, L.P.,
BY DEED RECORDED IN DOCUMENT NO. 2005083810 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALL OF THAT 3.640 ACRE TRACT
CONVEYED TO DOUBLE J INVESTMENTS BY DEED RECORDED IN DOCUMENT NO.
20050852363 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
AND PART OF THAT 62.01 ACRE TRACT OF LAND CONVEYED TO CLYDE SWENSON AND
WIFE, BARBARA SWENSON, BY DEED RECORDED IN VOLUME 625, PAGE 155 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PART OF THAT 22 ACRE
TRACT OF LAND CONVEYED TO CLYDE H. SWENSON BY DEED RECORDED IN VOLUME
648, PAGE 443 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
ALL OF THAT TRACT OF LAND SAID TO CONTAIN 124.63 ACRES CONVEYED TO EASY
KYLE PARTNERS, L.P., BY DEED RECORDED IN DOCUMENT NO. 2006039639 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND THAT TRACT OF LAND
CONVEYED TO LESTER WESTBERG, BY DEED RECORDED IN VOLUME 345, PAGE 231,
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 1/2" IRON ROD FOUND IN THE EAST LINE OF COUNTY ROAD 110 AT
THE SOUTHWEST CORNER OF SAID TRACT 1;
THENCE S89°28'38"E., ALONG THE SOUTH LINE OF SAID TRACT 1, A DISTANCE OF 30.48
FEET TO THE POINT OF BEGINNING;
THENCE CROSSING THE SAID 40.00 ACRE TRACT, THE 30.00 ACRE TRACT, THE 62.01
ACRE TRACT AND THE 22 ACRE TRACT THE FOLLOWING TWO COURSES:
1. N.00°33'49"E., A DISTANCE OF 3881.71 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT;
2. 71.41 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 8°42'20" AND A CHORD BEARING
N.03°47'21"W., 71.34 FEET TO THE NORTH LINE OF TRACT 3;
THENCE S.89°31'14"E., ALONG THE NORTHERLY LINE OF TRACT 3, A DISTANCE OF
191.88 FEET;
THENCE N.00°28'46"E., ALONG THE WESTERLY LINE OF TRACT 3, A DISTANCE OF 359.79
FEET TO THE NORTHERLY NORTHWEST CORNER OF TRACT 3 AND TO THE SOUTH LINE
OF THAT 10.00 ACRE TRACT CONVEYED TO JANET E. WASHBURN BY DEED RECORDED
IN DOCUMENT NO. 2002023570 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS;
THENCE S.89°31'07"E., ALONG THE NORTH LINE OF TRACT 3 AND THE SOUTH LINE OF
THE 10.00 ACRE TRACT , A DISTANCE OF 512.76 FEET TO A 1/2" IRON ROD FOUND AT
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549.02 ACRES
THE SOUTHEAST CORNER OF THE 10.00 ACRE TRACT AND THE SOUTHWEST CORNER
OF TRACT 4;
THENCE N.00°43'27"E., ALONG THE EAST LINE OF THE 10.00 ACRE TRACT AND THE
WEST LINE OF TRACT 4, A DISTANCE OF 719.67 FEET TO A 1/2" IRON ROD FOUND AT
THE NORTHWEST CORNER OF THE 10.00 ACRE TRACT AND A CORNER IN THE WEST
LINE OF TRACT 4;
THENCE N.89°27'55"W., ALONG THE NORTH LINE OF THE 10.00 ACRE TRACT AND A LINE
COMMON WITH TRACT 4, A DISTANCE OF 390.03 FEET TO A 1/2" IRON ROD FOUND AT
THE NORTHWEST CORNER OF THE 10.00 ACRE TRACT, AT A CORNER IN THE WEST
LINE OF TRACT 4, IN THE EAST LINE OF THAT 5.79 ACRE TRACT CONVEYED TO J. R.
JOHNSON BY DEED RECORDED IN VOLUME 2020, PAGE 615 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS;
THENCE N.00°23'36"E., ALONG THE WEST LINE OF TRACT 4 AND ALONG THE EAST LINE
OF THE 5.79 ACRE TRACT IN PART AND CONTINUING ALONG THE EAST LINE OF THAT
5.00 ACRE TRACT CONVEYED TO D. SMITH BY DEED RECORDED IN DOCUMENT NO.
2004063749 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, A
DISTANCE OF 397.61 FEET TO THE NORTHEAST CORNER OF THE 5.00 ACRE TRACT;
THENCE N.89°27'29"W., ALONG A LINE COMMON WITH TRACT 4, AND THE NORTH LINE
OF THE 5.00 ACRE TRACT IN PART AND ALONG THE NORTH LINE OF THAT 4.998 ACRE
TRACT CONVEYED TO KEVIN LANGSTON BY DEED RECORDED IN VOLUME 2422, PAGE
937 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, A DISTANCE
OF 209.60 FEET TO A 1/2" IRON ROD FOUND;
THENCE N.00°25'58"E., ALONG THE WEST LINE OF TRACT 4 AND THE EAST LINE OF
THAT 5.99 ACRE TRACT CONVEYED TO P.G. MARTINEZ BY DEED RECORDED IN
DOCUMENT NO. 2004041002 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, A DISTANCE OF 965.97 FEET, FROM WHICH POINT A 1/2" IRON ROD
FOUND IN THE SOUTH LINE OF COUNTY ROAD 109 AT THE NORTHWEST CORNER OF
TRACT 4 BEARS N.00°25'58"E., 23.81 FEET ;
THENCE S.89°20'47"E., CROSSING SAID TRACT 4, A DISTANCE OF 800.98 FEET TO THE
NORTH LINE OF THE TRACT 4 AND TO A POINT ON A NON -TANGENT CURVE TO THE
LEFT;
THENCE ALONG THE NORTHERLY LINE TRACT 4 THE FOLLOWING SIX COURSES:
1. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 55.41 FEET
(SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 63°29'23"
AND A CHORD BEARING S.31 °52'37"W., 52.61 FEET);
2. S.00°07'53"W. A DISTANCE OF 76.49 FEET;
3. S.55°39'39"E. A DISTANCE OF 192.96 FEET;
4. N.40°30'02"E. A DISTANCE OF 159.85 FEET;
5. N.67°50'32"E. A DISTANCE OF 30.50 FEET;
6. N.15°42'40"W. A DISTANCE OF 97.92 FEET;
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549.02 ACRES
THENCE S.89°20'47"E., CROSSING SAID TRACT 4, A DISTANCE OF 487.28 FEET TO THE
WEST LINE OF THAT 0.50 ACRE TRACT CONVEYED TO DANIEL J. BRETT BY DEED
RECORDED IN DOCUMENT NO. 2002005540 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS;
THENCE S.00°42'26"W., ALONG THE WEST LINE OF THE 0.50 ACRE TRACT AND ALONG A
LINE COMMON WITH TRACT 4, A DISTANCE OF 376.42 FEET TO THE SOUTHWEST
CORNER OF THE 0.50 ACRE TRACT;
THENCE S.89°30'54"E., ALONG THE SOUTH LINE OF THE 0.50 ACRE TRACT, IN PART,
ALONG THE SOUTH LINE OF THE 3.017 ACRE TRACT CONVEYED TO DANIEL J. BRETT BY
DEED RECORDED IN DOCUMENT NO. 2001064995 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND ALONG A LINE COMMON WITH TRACT 4, A
DISTANCE OF 383.00 FEET TO THE SOUTHEAST CORNER OF THE 3.017 ACRE TRACT;
THENCE N.00°46'49"E., ALONG THE EAST LINE OF THE 3.017 ACRE TRACT AND COMMON
WITH TRACT 4, A DISTANCE OF 375.30 FEET;
THENCE CROSSING SAID TRACT 4 THE FOLLOWING THREE COURSES:
1. S.89°20'47"E. A DISTANCE OF 104.25 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE RIGHT;
2. EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 181.51 FEET (SAID
CURVE HAVING A RADIUS OF 1500.00 FEET, A CENTRAL ANGLE OF 6°55'59", AND
A CHORD BEARING S.85°52'47"E., 181.40 FEET;
3. S.82°24'48"E. A DISTANCE OF 142.21 FEET TO THE EAST LINE OF TRACT 4;
THENCE S.01 °44'12"W., ALONG THE EAST LINE OF TRACT 4, A DISTANCE OF 1.23 FEET
TO A 1/2" IRON ROD FOUND IN THE WEST LINE OF THE PLAT OF GREEN GATE SECTION
ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET I, SLIDE 325 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.00°49'46"W., ALONG THE EAST LINE OF TRACT 4 AND THE WEST LINE OF
GREEN GATE SECTION ONE, AT A DISTANCE OF 770 FEET PASS THE SOUTHWEST
CORNER OF GOLDEN GATE SECTION ONE AND CONTINUE ALONG THE WEST LINE OF
THE PLAT OF COUNTRY VIEW ESTATES, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET N, SLIDE 90 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS, IN ALL A TOTAL DISTANCE OF 2313.76 FEET TO A 1/2" IRON ROD FOUND AT THE
SOUTHEAST CORNER OF TRACT 4 IN THE NORTH LINE OF THAT 124.63 ACRE TRACT
CONVEYED TO EASY KYLE PARTNERS, L.P., BY DEED RECORDED IN DOCUMENT NO.
2006039639 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.89°40'50"E., ALONG THE SOUTH LINE OF SAID COUNTRY VIEW ESTATES AND
THE NORTH LINE OF THE 124.63 ACRE TRACT, A DISTANCE OF 690.09 FEET TO 'A" IRON
ROD FOUND AT THE NORTHEAST CORNER OF SAID 124.63 ACRE TRACT;
THENCE S.00°21'28"W., ALONG THE EAST LINE OF THE SAID 124.63 ACRE TRACT, AT A
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549.02 ACRES
DISTANCE OF 321.12 FEET PASS A 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER
OF LOT 6, BLOCK C, COUNTRY VIEW ESTATES, THE SAME BEING THE WESTERLY
NORTHWEST CORNER OF THAT 51.297 ACRE TRACT CONVEYED TO MARILYN J.
ROSENBLAD BY DEED RECORDED IN VOLUME 2566, PAGE 893 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND AT A DISTANCE OF 788.94 FEET PASS A 1/2"
IRON ROD FOUND AT THE SOUTHWEST CORNER OF THE SAID 51.297 ACRE TRACT, THE
SAME BEING THE NORTHWEST CORNER OF THAT 85.70 ACRE TRACT CONVEYED TO
RYAN'S RIDGE BY DEED RECORDED IN DOCUMENT NO. 2002033879 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AT A DISTANCE OF 2626 FEET
PASS THE CENTER OF AN ELECTRIC TRANSMISSION LINE, AND AT A DISTANCE OF
3682.64 FEET PASS THE NORTHWEST CORNER OF LOT 10, BLOCK E, GARDEN PARK
SECTION ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, SLIDES
276, 277 AND 278 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, IN ALL A
TOTAL DISTANCE OF 3926.35 FEET TO A 1/2" IRON ROD SET AT THE SOUTHEAST
CORNER OF THE SAID 124.63 ACRE TRACT, THE SAME BEING THE NORTHEAST
CORNER OF LOT 3, TRADESMEN'S INDUSTRIAL PARK SECTION 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET P, SLIDES 360, 361 AND 362 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE S.89°08'45"W., ALONG THE SOUTH LINE OF THE SAID 124.63 ACRE TRACT, THE
SAME BEING THE NORTH LINE OF LOTS 2 AND 3, OF THE SAID PLAT OF TRADESMEN'S
INDUSTRIAL PARK SECTION 2, AT A DISTANCE OF 645.44 FEET PASS A 1/2" IRON ROD
FOUND AT THE NORTHWEST CORNER.OF SAID LOT 2, IN ALL A TOTAL DISTANCE OF
1381.78 FEET TO A 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER OF THE SAID
124.63 ACRE TRACT, AND THE EAST LINE OF SAID TRACT 1, CONTAINING 40.000 ACRES,
CONVEYED TO DOUBLE J INVESTMENTS IN THE SAID DEED RECORDED IN DOCUMENT
NO. 2005083810;
THENCE S.00°18'35"W., ALONG THE EAST LINE OF TRACT 1, A DISTANCE OF 91.05 FEET
TO THE SOUTHEAST CORNER OF TRACT 1;
THENCE S.00°33'46"W., ALONG THE EAST LINE OF THE WESTBERG TRACT, A DISTANCE
OF 1360.06 FEET:
THENCE S.00°22'33"W., CONTINUING ALONG THE EAST LINE OF THE SAID WESTBERG
TRACT, A DISTANCE OF 622.37 FEET TO THE SOUTHEAST CORNER OF SAID WESTBERG
TRACT;
THENCE N.89°42'42"W., ALONG THE SOUTH LINE OF SAID WESTBERG TRACT, A
DISTANCE OF 1746.96 FEET TO A POINT ON THE SOUTH LINE OF SAID WESTBERG
TRACT;
THENCE CROSSING SAID WESTBERG TRACT THE FOLLOWING FOUR COURSES:
1. THENCE N.00°26'59"E., A DISTANCE OF 60.00 FEET;
2. S.89°42'42"E. A DISTANCE OF 300.00 FEET;
3. N.00°33'09"E, A DISTANCE OF 1402.87 FEET;
4. N.42°07'44"W. A DISTANCE OF 442.53 FEET;
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549.02 ACRES
5. N.00°33'09"E., A DISTANCE OF 200.00 FEET TO THE SAID POINT OF
BEGINNING.
CONTAINING 463.44 ACRES, MORE OR LESS.
AND;
PARCEL B;
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE ROBERT
MCNUTT SURVEY, ABSTRACT No. 422, AND BEING A PART OF THAT 87.291 ACRE TRACT
OF LAND CONVEYED TO ROUND STAFF PARTNERS, L.P. BY DEED RECORDED IN
DOCUMENT NO. 2005083809 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 1/2" IRON ROD FOUND IN THE WEST LINE OF COUNTY ROAD 110 AT
THE NORTHEAST CORNER OF THAT 6.64 ACRE TRACT CONVEYED TO CHINMAYA
MISSION AUSTIN BY DEED RECORDED IN DOCUMENT NO. 2001046382 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AT THE SOUTHEAST CORNER
OF THE SAID 87.291 ACRE TRACT;
THENCE N.88°15'49"W., ALONG THE SOUTH LINE OF THE 87.291 ACRE TRACT AND THE
NORTH LINE OF THE 6.64 ACRE TRACT., A DISTANCE OF 29.33 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE ALONG THE SOUTH LINE OF THE 87.291 ACRE TRACT AND THE
NORTH LINE OF THE 6.64 ACRE TRACT THE FOLLOWING THREE COURSES:
1. N.88°15'49"W. A DISTANCE OF 315.42 FEET TO A 1/2" IRON ROD FOUND;
2. S.13°33'16"W. A DISTANCE OF 104.48 FEET TOA 1/2" IRON ROD FOUND;
3. N.68°26'44"W. A DISTANCE OF 580.01 FEET TO A 1/2" IRON ROD FOUND AT THE
NORTHWEST CORNER OF THE 6.64 ACRE TRACT;
THENCE N.68°31'18"W., ALONG THE SOUTH LINE OF THE 87.291 ACRE TRACT, A
DISTANCE OF 646.75 FEET TO THE CENTER OF MCNUTT CREEK AND THE EAST LINE OF
THAT 106.6 ACRE TRACT CONVEYED TO BEVERLY GORDON BY DEED RECORDED IN
DOCUMENT NO. 9835986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS;
THENCE ALONG THE WEST LINE OF THE 87.291 ACRE TRACT AND THE EAST LINE OF
THE 106.6 ACRE TRACT THE FOLLOWING THREE COURSES:
1. N.04°04'40"W. A DISTANCE OF 181.88 FEET;
2. N.44°58'29"W. A DISTANCE OF 139.83 FEET;
3. N.82°55'26"E. A DISTANCE OF 196.90 FEET;
4. N.03°02'34"W. A DISTANCE OF 586.74 FEET TO A 1/2" IRON ROD FOUND IN THE SOUTH
LINE OF THAT 15.19 ACRE TRACT CONVEYED TO KEN BURGE BY DEED RECORDED IN
DOCUMENT NO. 9618889 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS;
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549.02 ACRES
THENCE N.87°13'57"E. ALONG THE SOUTH LINE OF THE 15.19 ACRE TRACT AND A LINE
COMMON WITH THE 87.291 ACRE TRACT, A DISTANCE OF 23.52 FEET TO A 1/2" IRON
ROD FOUND AT THE SOUTHEAST CORNER OF THE 15.19 ACRE TRACT;
THENCE N.02°40'09"W., ALONG THE WEST LINE OF THE 87.291 ACRE TRACT AND THE
EAST LINE OF THE 15.19 ACRE TRACT, A DISTANCE OF 1473.10 FEET TO THE SOUTH
LINE OF THAT 21.67 ACRE TRACT CONVEYED TO LINDA BUSHONG BY DEED RECORDED
IN DOCUMENT NO. 9708518 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS AT THE NORTHWEST CORNER OF THE 87.291 ACRE TRACT AND THE
NORTHEAST CORNER OF THE 15.19 ACRE TRACT;
THENCE S.89°32'08"E., ALONG THE NORTH LINE OF THE 87.291 ACRE TRACT AND THE
SOUTH LINE OF THE 21.67 ACRE TRACT, A DISTANCE OF 1011.24 FEET TO A 1/2" IRON
ROD FOUND IN THE WEST LINE OF LOT 1, ANDERSON HILL, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET I, SLIDE 197 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS;
THENCE S.00°05'15"W., ALONG THE WEST LINE OF LOT 1 AND A LINE COMMON WITH
THE 87.291 ACRE TRACT, A DISTANCE OF 153.92 FEET TO A 1/2" IRON ROD FOUND AT
THE SOUTHWEST CORNER OF LOT 1 AND A CORNER IN THE NORTH LINE OF THE 87.291
ACRE TRACT;
THENCE S.85°37'13"E., ALONG THE SOUTH LINE OF LOT 1 AND THE NORTH LINE OF THE
87.291 ACRE TRACT, A DISTANCE OF 488.92 FEET, FROM WHICH POINT A 1/2" IRON ROD
FOUND IN WEST LINE COUNTY ROAD 110 AT THE EASTERLY NORTHEAST CORNER OF
THE 87.291 ACRE TRACT BEARS S.85°37'13"E. 29.95 FEET;
THENCE S.00°33'49"W., CROSSING THE SAID 87.291 ACRE TRACT A DISTANCE OF
2521.69 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 85.580 ACRES, MORE OR LESS.
C�-d1cP,� 5
RANDALL S. JONES
REGISTERED PROFESSIO
STATE OF TEXAS
R J SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
LAND SURVEYOR No. 4391
7/ /4/0(o
This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which
it was prepared.
Page 6 of 6 S:\LAND1350-1399\1389\DOCS\1389-1-A.doc
310.915 ACRES
PARCEL C:
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIAM
DUNN SURVEY, ABSTRACT No. 196; THE WILLIS DONAHO SURVEY, ABSTRACT No. 173;
AND THE HENRY MILLARD SURVEY, ABSTRACT No. 452, AND BEING A PART OF THAT
105.031 ACRE TRACT OF LAND CONVEYED TO EASY KYLE PARTNERS, LP, BY DEED
RECORDED IN DOCUMENT NO. 2006037326 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; A PART OF THAT 139.150 ACRE TRACT OF LAND
CONVEYED TO EASY KYLE PARTNERS, LP, BY DEED RECORDED IN DOCUMENT No.
2006035264 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; A
PART OF THAT 34.74 ACRE TRACT CONVEYED TO EASY KYLE PARTNERS, LTD., BY
DEED RECORDED IN DOCUMENT NO. 2006037892 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS; AND ALL OF THAT 36.00 ACRE TRACT CONVEYED TO
DOUBLE J INVESTMENTS, LTD., BY DEED RECORDED IN DOCUMENT NO. 2006019846 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PART OF
THAT 72 ACRE TRACT OF LAND CONVEYED TO MARGIE CRAYON SNELL BY DEED
RECORDED IN VOLUME 2019, PAGE 31, OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE at a '/2" iron rod found in the East Line of County Road 110 at the Southwest Corner
of that 190.50 Acre Tract conveyed to Stephen Lee Pritchard Family Trust and Nancy Kay
Pritchard Ohlendorf Family Trust by Deed Recorded in Volume 1980, Page 972 of the Official
Records of Williamson County, Texas the same being the Northwest Corner of the said 34.74
Acre Tract;
THENCE N.71 °48'51 "E. along the North line of said 34.74 Acre Tract, a distance of 22.39 feet to
the Point of Beginning;
THENCE along the North Line of the said 34.74 Acre Tract and along the fence the following five
courses:
1. N.71 °48'51 "E. a distance of 520.60 feet;
2. N.71 °53'11 "E. a distance of 667.92 feet;
3. N.73°31'36"E. a distance of 79.02 feet;
4. N.71 °03'06"E. a distance of 556.04 feet to a nail in the top of a fence post;
5. N.71 °00'16"E. a distance of 626.40 feet to a '/2" iron rod found at the Northerly Northeast
Corner of the said 34.74 Acre Tract and the Southerly Southeast Corner of the said 190.50 Acre
Tract and to the West Line of said 72 Acre Tract;
THENCE N.71 °27'09"E., crossing the said 72 Acre Tract, a distance of 1247.85 feet to a 1/2" iron
rod set in the East Line of the said 72 Acre Tract, the same being the West Line of that 71 1/2 Acre
Tract of land conveyed to Eleanor Olson, Andrew Olson and Dorthea Jacob by Deed Recorded
in Volume 595, Page 131 of the Deed Records of Williamson County, Texas;
THENCE S.18°44'32"E., along the East Line of said 72 Acre Tract and the West Line of said
71 1/2 Acre Tract, a distance of 474.45 feet to a 1/2" iron rod set at the Northeast Corner of that
36.00 Acre Tract;
THENCE S.18°44'32"E., along the East Line of the said 36 Acre Tract and the West Line of the
said 71 1/2 Acre Tract, a distance of 1257.06 feet to a'/2" iron rod set at the Southeast Corner of
the said 36 Acre Tract on the South Line of the said Henry Millard Survey;
Page 1 of 3 S:\LAND1350-1399\1390\DOCS\1390-MUD-2.doc
310.915 ACRES
THENCE S.71 °27'09"W., along the South Line of the said 36 Acre Tract and the South Line of the
said Henry Millard Survey, a distance of 848.09 feet to the East line of said 105.031 Acre Tract;
THENCE S.18°51'04"E., along the East Line of the 105.031 Acre Tract, at a distance of 778 feet
pass the Southeast corner thereof and continue along the East Line of the 139.150 Acre Tract, in
all a total distance of 1165.76 feet to a 1/2" iron rod found;
THENCE continue along the East Line of the 139.150 Acre Tract the following five courses:
1. S.19°03'12"E. a distance of 564.38 feet to a fence post;
2. S.18°31'54"E. a distance of 555.10 feet to a fence post;
3. S.18°34'46"E. a distance of 243.05 feet to a fence post;
4. S.19°11'05"E. a distance of 553.56 feet to a fence post;
5. S.18°26'46"E. a distance of 391.18 feet from which point a 1/2" iron rod found at the
Southeast Corner of the 139.150 Acre Tract bears S.18°26'46"E., 24.47 feet;
THENCE crossing the said 139.150 Acre Tract the following four courses:
1. N.89°20'47"W., a distance of 1289.47 feet
2. N.23°46'40"W., a distance of 61.17 feet;
3. N.67°43'40"W., a distance of 1275.88 feet;
4. N.81 °35'40"W., a distance of 181.17 feet to the East Line of that 10.00 Acre Tract conveyed
to Jonah Water Supply Utility District by deed recorded in Document No. 2003028825 of the
Official Public Records of Williamson County, Texas;
THENCE along the Easterly and Northerly Line of 10.00 Acre Tract and along a common line with
the 139.150 Acre Tract the following two courses:
1. N.13°43'16"W: a distance of 507.31 feet to a 1/2" iron rod found;
2. S.71°47'27"W. a distance of 650.69 feet, from which point a 1/2" iron rod found in the East
Line of County Road 110 at the Northwest corner of the 10.00 Acre Tract bears
S.71 °47'27"W. 37.36 feet;
THENCE N.14°17'11 "W., crossing the said 139.150 Acre Tract, a distance of 694.34 feet to the
South line of that 0.99 Acre Tract conveyed to Terry Holmstrom by Deed Recorded in Volume
930, Page 514 of the Deed Records of Williamson County, Texas;
THENCE N.72°11'01"E., along the South line of the 0.99 Acre Tract and the North line of the
139.150 Acre Tract, a distance of 362.91 feet to a 1/2" iron rod found at the Southeast corner of
the 0.99 Acre Tract and the most Southerly Southwest corner of the 105.031 Acre Tract;
THENCE N.18°54'35"W., along the Westerly line of the 105.031 Acre Tract and the East Line of
the 0.99 Acre Tract, a distance of 42.58 feet to the Southerly corner of that 8.602 Acre Tract
conveyed to J. E. Howe and wife, by Deed Recorded in Document No. 9731354 of the Official
Public Records of Williamson County, Texas;
THENCE along the Easterly Line of the 8.602 Acre Tract and the Westerly Line of the 105.031
Acre Tract the following two courses:
1. N.40°59'14"E. a distance of 326.15 feet;
Page 2 of 3 S:\LAND1350-1399\1390\DOCS\1390-MUD-2.doc
310.915 ACRES
2. N.18°04'46"W. a distance of 656.20 feet to the Northeast corner of the 8.602 Acre Tract;
THENCE S.71 °15'05"W., along the North line of the 8.602 Acre Tract and a line common with the
105.031 Acre Tract, a distance of 617.04 feet, from which point a 1/2" iron rod found in the east
line of County Road 110 at the Northwest corner of the 8.602 Acre Tract bears S.71 °15'05"W.,
22.36 feet;
THENCE N.18°27'44"W., crossing the 105.031 Acre Tract, a distance of 1130.72 feet to the North
Line of the 105.031 Acre Tract and the South Line of the 34.74 Acre Tract;
THENCE N.18°27'48"W., crossing the 34.74 Acre Tract, a distance of 615.91 feet to the Point of
Beginning.
Containing 310.915 Acres, more or less.
aaw s)C./2-
RANDALL S. JONES
REGISTERED PROFESS
STATE OF TEXAS
R J SURVEYING, INC.
1212 EAST BRAKER LANE
AUSTIN, TEXAS 78753
AL LAND SURVEYOR No. 4391
9 / 14-I o(o
This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which
it was prepared.
Page 3 of 3 S:\LAND1350-1399\1390\DOCS\1390-MUD-2.doc
SIENA
WILLIAMSON COUNTY, TEXAS
P.O. B,
SIENA
M.U.D. No. 2
PARCEL C
Tlmx• Ian� J
\COUNTY ROAD #109
\
PR. owe
KII•dr 53.3. PAX Of
--EXISTING RIGH -OF -WAY (TYP.)
-FUTURE RIGHT-OF-WAY (TYP.)
EXHIBIT B
[Concept Plan including Boundary Roads and Arterials]
251729-4 10/03/2006
WILLIAMSON COUNTY, TEXAS
SINGLE FAMILY
85.584 Acres
Max. 4 units
PARCEL 3 per acre
arAN001 X' LES.' UV
.0.11. 01.••
POIT.C. ACP,
ULTI—FAMIL
22.00 Acres
Max. 20 units
per acre
Or,Z7.0057.Z.g:'
....... fr. ...
KOL
Der'ig107h14
COUNPLROAD #109
MEE 't,, kr; lb
.....
moo ...
....
41149 N,
All fl
tregba .., s,
*Pm i
of 41 it 1 II
b r oil fa- 4 41
Lew LeA.Seir.
EXHIBIT C
[McNutt Interceptor Schematic Plan
Including Depiction of Line A, Line B and Line D]
251729-4 10/03/2006
Wastewater Line Capacities
Paloma Lake Sienna Hills
M.U.D. Districts 1 & 2 M.U.D. Districts 19 & 20
Preliminary Engineering Study - June 2006
Per Consent Agreement Exhibit "C"
O.d3n PC 129
W FL M 701'
YI FL Ott • 2070
0o141E1.. • 710
Y10r4.10
Line C7
1r Ultimate Boudoir
C7.147% NI Clpadty) • 888 CPM
847 LU.E't 811.38% Slope
U0. CS
1r Mims" BLUe1
CO. 166%r1I Cap 1 •2195 CFU
1l6l LUC's 01.33% Slow
LM 03
1r u9..1. B1Ue1
1r 6...n. rel.B. 48, ..d
DD • at%Fal C.0.).4r LAY
661 LUL'. 01.66%5103.
Ur. C2
2I' N9.r. BSI4Ot
r Pilo... R.euMn.t
C2. 716%0110.3) • 409 CF.
6001
LU E's (9 066%Slop.
be al3n PL 156
7111 FL N-!1)060
WFL OIIf•60170'
orwd EU, .716'
7LU..31
7116355 1
L11
E1
6968 CPY
Lim a
Zr Mtn We 15711416k41
DJ* (7e%FJI C.p.)•6167 LAY
6761 LU.E1
.100 LF. 00.16%806.
Un. m
2r (1116.61. 50116e1
1r Mery NI. R.gdr..Iw11
02. 83%011 C.p).61Yr CAU
7416 LUE.1
2900 LI 0 0.16% Mope
u.. c.
76- N..Y. 61Ide1
Ir P*m• R.0lrn.••1 •
CI - ar%run C.pa1r I.10116 CAU
13 TO LU E'. 0 0 t%8ep.
L... B2
21' 164'.1. 011de1
Ir PYor.• 5.p4rw..t
C6 • CS•
820161% FJI 035).3.652 0.4711
=atmF..0I x%slow
151.171
0' u9.d. etc/Woke
lr Patent R..lrw..rt
81 • 134%F11 C401.15.722 CPU
19566 LUE, s LUE1003'4 Mop
LI.01
2r 0116334 e1loe1
Ir Monne Mt. R.r4r.n.n1
01.116%0110.51.8529 GPM
10.135 LUE.a
6960 LF.. 0 NOM Mop
Proposed Wastewater Lines
McNutt Creek Wastewater Interceptor
Phase 1
Ler
4' ubnY• B1M91
21' AYenr R.p/n.n.rt
4.100%Fv6 Cq.)•21.129 OY
Urns LUE.10022%Mope
minas tose.m,
Sienna Hllk M.U.D. Boundary
Paloma Lake M.U.D. Boundary
Round Rock Manholes
Round Rock Parcels
111i at t
Round Rock Wastewater Lines
EXHIBIT D
Line A Construction Schedule
Item Completion
Geotechnical, Surveying October, 2005
Design (Plans and Specifications) December, 2005
Easement Acquisition January, 2006
Bid and Award February, 2006
Construction August, 2007
251729-4 10/03/2006
EXHIBIT E
Line A Preliminary Budget
Capital Cost $12,638,241
Land Acquisition 16,728
Engineering Costs 1,271,680
Total Estimated Budget $13,829,649
251729-4 10/03/2006
EXHIBIT F
[Roadway Improvements]
251729-4 10/03/2006
SIENA
WILLIAMSON COUNTY, TEXAS
SINGLE FAMILY
84.5134 Acres
COUNTY_ROAD #109
`7^-
EXHIBIT G
A RESOLUTION GRANTING THE CONSENT OF THE
CITY OF ROUND ROCK, TEXAS,
TO THE CREATION OF
SIENA MUNICIPAL UTILITY DISTRICT NOS. 1 AND 2
WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION
RESOLUTION NO.
WHEREAS, the City of Round Rock has received a Petition for Consent to the Creation
of Municipal Utility Districts, proposed to be known as Williamson County Municipal Utility
Districts No. 19 and Williamson County Municipal Utility District No. 20 located upon 605.54
acres, each located in the City's extraterritorial jurisdiction, copies of which petitions are
attached as Exhibit 1;
WHEREAS, the City granted consent to the creation of the Districts on September 22,
2005;
WHEREAS, the petitioner and the City desire to amend and restate the Consent
Agreement for the creation of the Districts;
WHEREAS, the petitioner has requested the City acknowledge a change to the names of
the proposed districts and to amend the name of the entity which will develop the land within the
District;
WHEREAS, the petitioner desires to include additional acreage in each of the Districts
and the City is willing to include such additional acreage; and
WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Local
Government Code provide that land within a city's extraterritorial jurisdiction may not be
included within a district without the city's written consent; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ROUND ROCK, TEXAS:
Section 1. That the City Council of the City of Round Rock, Texas, gives its written
consent to the creation of two municipal utility districts, proposed to be known as Siena
Municipal Utility District No. 1 and Siena Municipal Utility District No. 2 on 859.94 acres of
land, as described in the attached petitions.
Section 2. That the City Council agrees that each District described in Section 1 will
contain a portion of the Land, as determined by the property owner. No further action on the part
of the City will be required to the establishment of the Districts' boundaries; however, the City
251729-4 10/03/2006
will provide confirmation of its consent if requested to do so by the owner of the Land or any
District .
Section 3. That the City Council further agrees that Siena Municipal Utility Districts No.
1 and No. 2 may annex or exclude property within the Land and adjust their boundaries as
between the Districts as necessary to facilitate the extension of utilities to and the development
of the Land. No further action on the part of the City will be required to evidence its consent to
the annexation or exclusion of portions of the Land by a District, but the City agrees to provide
additional confirmation of its consent if requested to do so by the owner of the Land or either
District.
PASSED AND APPROVED on the day of , 2006.
Mayor, City of Round Rock
ATTEST: APPROVED:
City Secretary City Attorney
251729-4 10/03/2006
EXHIBIT H
Terms of Wholesale Wastewater Services
1. The City will provide wholesale wastewater utility services to the Districts,
sufficient to serve the land uses shown on the Concept Plan, for cost of service wholesale
wastewater utility rates. These rates may be reviewed and adjusted by the City annually, based
on a cost of service study performed by the City. The City shall be entitled to include a
reasonable rate of return in the utility rates.
2. The City will receive, treat and dispose of all sewage generated by customers
within the Districts. The City will maintain an adequate wastewater treatment capacity at all
times to serve the customers within the Districts at the same level these services are provided
within the City. The City may limit service to the Districts in the same manner and to the same
extent that service is limited inside the City limits.
3. Upon the payment of applicable City wastewater capital recover fees, subject to
any credits or waivers provided for in this Agreement, the District will have a guaranteed
reservation and commitment of capacity in the City's wastewater utility system for the amount of
capacity for which these fees have been paid.
4. The Developer will provide easements for all District master meters in accordance
with City Ordinance requirements. Master meters shall be installed to measure District
wastewater flows. In the event wastewater mains enter the District from other City service areas,
master meters will be installed at both ends of the system serving the District so that the
differential flows will be measured to determine flows from District customers.
251729-4 10/03/2006