R-01-07-26-14E7 - 7/26/2001RESOLUTION NO. R -01-07-26-14E7
WHEREAS, on August 15, 1984 the City of Round Rock entered into
a South Interceptor Agreement setting forth terms and conditions for
financing and construction of the Round Rock South Wastewater
Interceptor, and
WHEREAS, the City Council wishes to enter into an Agreement and
Partial Assignment Regarding Round Rock South Wastewater Interceptor
with the City of Austin, Glenn Jackson, Elise Jackson, the Lower
Colorado River Authority, and the Brazos River Authority for the
transfer of certain ownership rights of the Round Rock South Wastewater
Interceptor, 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 Agreement and Partial Assignment Regarding Round
Rock South Wastewater Interceptor with the City of Austin, Glenn
Jackson, Elise Jackson, the Lower Colorado River Authority, and the
Brazos River Authority, a copy of said agreement being attached hereto
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
0:\WPDOCS\RESOLUTI\R10726E7.WPD/9C
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 26th day of July, 2001.
AT EST:
E LAND, City Secretary
2
ROBERT A. STLUKA, JR., Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTIES OF TRAVIS AND )
WILLIAMSON
AGREEMENT AND PARTIAL ASSIGNMENT
REGARDING ROUND ROCK SOUTH
WASTEWATER INTERCEPTOR
RECITALS:
A. On or about August 15, 1984, the CITY OF ROUND ROCK, TEXAS ("Round
Rock") entered into a certain "Agreement" and "Addendum to Agreement" (the "Round Rock
South Interceptor Agreement") with C. WELDON CHAFFIN and wife, LOLA M.
CHAFFIN; AUSTIN RACEWAY DEVELOPMENT COMPANY, a Texas joint venture;
CHARLES M. CHRISTENSEN, TRUSTEE; WILLIAMSON PROPERTIES,
INCORPORATED (CORRIDOR I); WILLIAMSON PROPERTIES INCORPORATED
(CORRIDOR II), TOM E. FAIREY and T.A. FAIREY; C.T. NELSON, JR; GREAT
HILLS COMMERCIAL JOINT VENTURE; RUDOLPH A. SELLSTROM and wife, BEDA
STARK SELLSTROM; and TOM FAIRY COMPANY (collectively, the "Landowners"),
setting forth terms and conditions for financing and construction of a major wastewater interceptor
line (the "Round Rock South Wastewater Interceptor") to serve an area south of Round Rock
comprised of approximately 1,212.69 acres.
B. Under the Round Rock Interceptor Agreement, each of the Landowners agreed,
inter alia, to pay an agreed pro rata share to finance the construction of the Round Rock South
Wastewater Interceptor which, on completion and final acceptance thereof, became part of the City
of Round Rock's wastewater system.
C. Subject to the terms and conditions of the Round Rock South Interceptor
Agreement, Round Rock agreed to reserve capacity for each Landowner participating in the
financing of the Round Rock South Interceptor in accordance with the allocation of Living Unit
Equivalents ("LUEs") more particularly described in the Round Rock South Interceptor
Agreement.
D. Subsequent to the execution of the Round Rock South Interceptor Agreement, the
cities of Round Rock, Austin ("Austin"), and Cedar Park ("Cedar Park") entered into a certain
"Wastewater Disposal Agreement" dated October 1, 2000, with the Lower Colorado River
Authority ("LCRA") and Brazos River Authority ("BRA") setting forth terms and conditions for
construction and operation of the Brushy Creek Regional Wastewater System in the Upper Brushy
Creek Watershed.
E. Under the Wastewater Disposal Agreement, LCRA owns and BRA operates and
maintains the wastewater facilities comprising the Brushy Creek Regional Wastewater System and
Round Rock, Austin, Cedar Park, and LCRA are "Customers" of the Regional System under the
terms and conditions stated therein.
F. Under the Wastewater Disposal Agreement, Austin, Round Rock and Cedar Park
agreed that each will be responsible for providing wastewater service to lands within their respective
corporate limits and extraterritorial jurisdictions, save and except Brushy Creek Municipal Utility
District and Fern Bluff Municipal Utility District which districts the parties agreed would be served
by LCRA.
G. By the signature of its authorized representative below, Round Rock represents that,
under the Round Rock South Interceptor Agreement, C. Weldon Chaffm and wife, Lola M. Chaffin,
owners of approximately 91.60 acres in the area to be served by the Round Rock South Wastewater
Interceptor (the "Chaffin Tract"), or their successors -in -interest, paid their agreed pro rata share of
the cost of constructing the Round Rock South Wastewater Interceptor and, subject to the terms
and conditions of that agreement, Round Rock agreed to reserve 600 LUEs of reserved capacity in
the Round Rock South Wastewater Interceptor to serve the tract.
H. By the signature of its authorized representative below, Round Rock represents that,
under the Round Rock South Interceptor Agreement, Austin Raceway Development Company,
owners of approximately 164 acres in the area to be served by the Round Rock South Wastewater
Interceptor (the "Raceway Tract"), or their successors -in -interest, paid their agreed pro rata share
of the cost of constructing the Round Rock South Wastewater Interceptor and, subject to the terms
and conditions of that agreement, Round Rock agreed to reserve 951 LUEs of reserved capacity in
the Round Rock South Wastewater Interceptor to serve the Raceway Tract.
I. The Chaffin Tract and the Raceway Tract are located within the extraterritorial
jurisdiction of Austin and therefore are located within the area which Austin has agreed to serve
under the Wastewater Disposal Agreement. Round Rock represents that the number of LUES of
reserved capacity allocated to the Chaffin Tract and Raceway Tract under the Round Rock South
Interceptor Agreement totals 1,551 LUEs of reserved capacity in the Round Rock South Wastewater
Interceptor, and that the LUEs respectively reserved for the Chaffm Tract and Raceway Tract have
not been previously assigned or transferred to another Landowner or a third party for use on a tract
other than the Chaffin Tract and the Raceway Tract.
J. By their signatures below, Glenn and Elise Jackson represent that they are currently
the owners in fee of the Chaffin Tract and the Raceway Tract and that they have succeeded to the
rights and obligations of C. Weldon Chaffin and wife, Lola M. Chaffin (600 LUEs), and Austin
Raceway Development Company (951 LUEs) under the Round Rock South Interceptor Agreement
though, as of the date of execution hereof, documentation evidencing the same has not been
provided to Austin and Round Rock.
K. By virtue of agreements intended to be executed before or concurrent with the
effective date of this Agreement and Partial Assignment:
(1) Round Rock will transfer ownership of the Round Rock South Wastewater
Interceptor to LORA, and LCRA and BRA have agreed to own, operate and maintain the Round
Rock South Wastewater Interceptor to provide wastewater service to Austin and Round Rock as set
forth in that certain "Interceptor Line Acquisition, Construction and Transportation Service
Contract" (the "Interceptor Line Service Contract"); and
(2) Pursuant to the Interceptor Line Service Contract, Austin will acquire wastewater
transportation services from LCRA and BRA, and 1,551 LUEs of reserved capacity in the Round
Rock South Wastewater Interceptor, to serve areas located within its corporate limits and
extraterritorial jurisdiction; and
2
(3) Pursuant to the Interceptor Line Service Contract, Round Rock will retain all the
remaining reserved capacity in the Round Rock South Wastewater Interceptor to serve lands within
its agreed service area under the Wastewater Disposal Agreement.
L. To provide for the orderly administration of wastewater services in accordance with
the agreements by and between Round Rock, LORA, BRA, and Austin concerning the ownership,
operation and maintenance of the Round Rock South Wastewater Interceptor, and to enable Austin
to provide service to the Chaffin Tract and Raceway Tract in accordance with the terms and
conditions of the Wastewater Disposal Agreement, Round Rock now wishes to assign to Austin all
if its rights and obligations under the Round Rock South Interceptor Agreement that apply to the
Chaffin Tract and the Raceway Tract but not otherwise.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by Round Rock, Round Rock and Austin hereby covenant and agree as follows:
1. Round Rock, as assignor, does hereby assign, transfer and convey to Austin its
contract rights and obligations arising under and by virtue of the Round Rock South Interceptor
Agreement but only as such rights and obligations apply to the 600 LUEs of wastewater line capacity
reserved for the Chaffin Tract and the 951 LUEs of wastewater line capacity reserved for the
Raceway Tract under the Round Rock South Interceptor Agreement. Austin, as assignee, hereby
accepts such partial assignment of Round Rock's rights and obligations, and agrees to perform such
obligations, in accordance with the terms and conditions of the Round Rock South Interceptor
Agreement.
2. Round Rock specifically retains all other rights and obligations under the Round
Rock South Interceptor Agreement except for the rights and obligations specifically assigned to
Austin hereunder.
3. Glenn and Elise Jackson, and each of them, by their signatures below, do hereby
represent that they are the current owners in fee of the 91.60 acre parcel described above as the
"Chaffin Tract" and the 164 acre parcel described above as the Raceway Tract and successors -in -
interest to the rights and obligations of C. Weldon Chaffin and wife, Lola M. Chaffin, and Austin
Raceway Development Company, under the Round Rock South Interceptor Agreement.
Based on such representation, Glenn and Elise Jackson, and each of them, hereby consent to the
partial assignment to Austin of Round Rock's rights and obligations under the Round Rock South
Interceptor Agreement but only and to the extent such rights and obligations apply to the 600 LUES
of wastewater line capacity reserved for the Chaffin Tract and the 951 LUEs of capacity reserved for
the Raceway Tract. Glenn and Elise Jackson understand and agree that wastewater transportation
services provided to the Chaffin Tract and the Raceway Tract via the Round Rock Wastewater
Interceptor after the effective date of this partial assignment shall be from Austin and not from
Round Rock. Glenn and Elise Jackson further agree to provide to Austin and Round Rock as soon
as possible all documents evidencing their ownership in fee of the Chaffin Tract and their succession
to the rights and interests of C. Weldon Chaffin and wife, Lola M. Chaffin, and their ownership in
fee of the Raceway Tract and their succession to the rights and interests of Austin Raceway
Development Company, under the Round Rock South Interceptor Agreement.
3
In the event that such documentation is not provided to the City within thirty (30) days of the date
of this Agreement and Partial Assignment, Austin, Round Rock, LCRA and BRA may withhold
wastewater services to the Chaffin Tract and Raceway Tract until documentation evidencing Glenn
and Elise Jackson's ownership of the described land and contract rights is provided.
Glenn and Elise Jackson, and each of them, further agree to waive any right to assign any of said
reserved capacity or to accept an assignment of reserved capacity from any other Landowner with
reserved capacity in the Round Rock South Wastewater Interceptor without the prior written
approval of Round Rock, Austin, and LCRA, which approval shall not be unreasonably withheld.
4. Glenn and Elise Jackson, and each of them, hereby agree to defend, indemnify and
hold Round Rock, Austin, LCRA and BRA harmless of and from any and all claims, suits or causes
of action made by or on behalf of C. Weldon Chaffin or wife Lola M. Chaffin, their successors, heirs
or assigns asserting any right or interest in or to the wastewater line capacity reserved for the Chaffin
Tract, or Austin Raceway Development Company, its successors or assigns, or other claims arising
under or by virtue of rights under the Round Rock South Interceptor Agreement claimed by way of
succession from C. Weldon Chaffin or wife, Lola M. Chaffin or Austin Raceway Development
Company.
5. This Agreement and Partial Assignment Regarding Round Rock South Interceptor is
executed to be effective as of the effective date of the Interceptor Line Service Contract.
IN WITNESS WHEREOF, the parties or their respective authorized representatives have
executed this instrument as of the date(s) set forth below.
APPROVED AS TO FORM: CITY OF ROUND ROCK:
By:
Attorney for Round Rock Robert Stluka, Mayor
ATTEST:
Date:
4
APPROVED AS TO FORM: CITY OF AUSTIN:
By:
Assistant City Attorney Roger Chan
Assistant City Manager
Date:
Date:
Date:
GLENN JACKSON (Owner/Chaffin Tract
and Raceway Tract):
Glenn Jackson
ELISE JACKSON (Owner/Chaffin Tract
and Raceway Tract):
Elise Jackson
LOWER COLORADO RIVER
AUTHORITY, a conservation and
reclamation district of the State
of Texas:
By:
Randy Goss, P.E.
Executive Manager, WaterCo
Date:
5
JMT/jmt
(Rev. 7/15/01)
BRAZOS RIVER AUTHORITY, a
conservation and reclamation district
of the State of Texas:
By:
Name:
Title:
Date:
6
DATE: July 20, 2001, 2001
SUBJECT: City Council Meeting — July 26, 2001
ITEM: 14.E.7. Consider a resolution authorizing the Mayor to execute an Agreement
and Partial Assignment Regarding Round Rock South Wastewater
Interceptor with the City of Austin, Glenn Jackson, Elise Jackson, the
Lower Colorado River Authority, and the Brazos River Authority. This
line was constructed with developer's money in 1984. In order for this
line to serve outside of Round Rock, it is being transferred to the Lower
Colorado River Authority and operated as part of the Regional Sewer
System.
Resource: Jim Nuse, Public Works Director
History: This line was constructed with developer's money in 1984. In order for this line to
serve outside of Round Rock, it is being transferred to the Lower Colorado River
Authority and operated as part of the Regional Sewer System.
Funding:
Cost: 0
Source of funds:
Outside Resources: C. Weldon & Lola M. Chaffin; Austin Raceway Development Co., Charles
M. Christensen; Williamson Properties Incorporated (Corridor I);
Williamson Properties Incorporated (Corridor II); Tom E. Fairey and T.A.
Fairey; C.T. Nelson, Jr.; Great Hills Commercial Joint Venture; Rudolph A.
& Beda Stark Sellstrom and Tom Fairy Co.
Impact: This will not change how that portion of town is serviced.
Benefit: This move more fairly distributes the cost of operating this system.
Public Comment: N/A
Sponsor: N/A
THE STATE OF TEXAS
COUNTIES OF TRAVIS AND
WILLIAMSON
AGREEMENT AND PARTIAL
) ASSIGNMENT
REGARDING ROUND ROCK SOUTH
WASTEWATER INTERCEPTOR
RECITALS:
A. On or about August 15, 1984, the CITY OF ROUND ROCK, TEXAS ("Round
Rock") entered into a certain "Agreement" and "Addendum to Agreement" (the "Round Rock
South Interceptor Agreement") with C. WELDON CHAFFIN and wife, LOLA M.
CHAFFIN; AUSTIN RACEWAY DEVELOPMENT COMPANY, a Texas joint venture;
CHARLES M. CHRISTENSEN, TRUSTEE; WILLIAMSON PROPERTIES,
INCORPORATED (CORRIDOR I); WILLIAMSON PROPERTIES INCORPORATED
(CORRIDOR II), TOM E. FAIREY and T.A. FAIREY; C.T. NELSON, JR.; GREAT
HILLS COMMERCIAL JOINT VENTURE; RUDOLPH A. SELLSTROM and wife, BEDA
STARK SELLSTROM; and TOM FAIRY COMPANY (collectively, the "Landowners"),
setting forth terms and conditions for financing and construction of a major wastewater interceptor
line (the "Round Rock South Wastewater Interceptor") to serve an area south of Round Rock
comprised of approximately 1,212.69 acres.
B. Under the Round Rock Interceptor Agreement, each of the Landowners agreed,
inter glia, to pay an agreed pro rata share to finance the construction of the Round Rock South
Wastewater Interceptor which, on completion and final acceptance thereof, became part of the City
of Round Rock's wastewater system.
C. Subject to the terms and conditions of the Round Rock South Interceptor
Agreement, Round Rock agreed to reserve capacity for each Landowner participating in the
financing of the Round Rock South Interceptor in accordance with the allocation of Living Unit
Equivalents ("LUEs") more particularly described in the Round Rock South Interceptor
Agreement.
D. Subsequent to the execution of the Round Rock South Interceptor Agreement, the
cities of Round Rock, Austin ("Austin"), and Cedar Park ("Cedar Park") entered into a certain
"Wastewater Disposal Agreement" dated October 1, 2000, with the Lower Colorado River
Authority ("LCRA") and Brazos River Authority ("BRA") setting forth terms and conditions for
construction and operation of the Brushy Creek Regional Wastewater System in the Upper Brushy
Creek Watershed.
E. Under the Wastewater Disposal Agreement, LCRA owns and BRA operates and
maintains the wastewater facilities comprising the Brushy Creek Regional Wastewater System and
Round Rock, Austin, Cedar Park, and LCRA are "Customers" of the Regional System under the
terms and conditions stated therein.
(Rev. 6/25/02)
1
F. Under the Wastewater Disposal Agreement, Austin, Round Rock and Cedar Park
agreed that each will be responsible for providing wastewater service to lands within their respective
corporate limits and extraterritorial jurisdictions, save and except Brushy Creek Municipal Utility
District and Fern Bluff Municipal Utility District which districts the parties agreed would be served
by LCRA.
G. By the signature of its authorized representative below, Round Rock represents that,
under the Round Rock South Interceptor Agreement, C. Weldon Chaffin and wife, Lola M. Chaffin,
owners of approximately 91.60 acres in the area to be served by the Round Rock South Wastewater
Interceptor (the "Chaffin Tract"), or their successors -in -interest, paid their agreed pro rata share of
the cost of constructing the Round Rock South Wastewater Interceptor and, subject to the terms
and conditions of that agreement, Round Rock agreed to reserve 600 LUEs of reserved capacity in
the Round Rock South Wastewater Interceptor to serve the tract.
H. By the signature of its authorized representative below, Round Rock represents that,
under the Round Rock South Interceptor Agreement, Austin Raceway Development Company,
owners of approximately 164 acres in the area to be served by the Round Rock South Wastewater
Interceptor (the "Raceway Tract"), or their successors -in -interest, paid their agreed pro rata share
of the cost of constructing the Round Rock South Wastewater Interceptor and, subject to the terms
and conditions of that agreement, Round Rock agreed to reserve 951 LUEs of reserved capacity in
the Round Rock South Wastewater Interceptor to serve the Raceway Tract.
I. By their signatures below, Glenn and Elsie Jackson represent that, prior to their
acquiring ownership of the Raceway Tract, their predecessors in interest conveyed approximately 52
acres out of the 164 acres comprising the Raceway Tract, to a third party without conveying utility
rights or assigning their rights to any LUEs under the Round Rock South Interceptor Agreement.
J. The Chaffin Tract and the Raceway Tract are located within the extraterritorial
jurisdiction of Austin and therefore are located within the area which Austin has agreed to serve
under the Wastewater Disposal Agreement as more particularly shown on Exhibit A attached
hereto and made a part hereof for all purposes. Round Rock represents that the number of LUEs
of reserved capacity allocated to the Chaffin Tract and Raceway Tract under the Round Rock South
Interceptor Agreement totals 1,551 LUEs of reserved capacity in the Round Rock South Wastewater
Interceptor, and that the LUEs respectively reserved for the Chaffin Tract and Raceway Tract have
not been previously assigned or transferred to another Landowner or a third party for use on a tract
other than the Chaffin Tract and the Raceway Tract.
K. By their signatures below, Glenn and Elsie Jackson represent that they are currently
the owners in fee of the Chaffin Tract and the remaining approximately 112 acres of the Raceway
Tract, and that they have succeeded to the rights and obligations of C. Weldon Chaffin and wife,
Lola M. Chaffin (600 LUEs), and Austin Raceway Development Company (951 LUEs) under the
Round Rock South Interceptor Agreement. A true copy of a Quitclaim executed and delivered by
(Rev. 6/25/02)
2
the Chaffins disclaiming any interest in the Chaffin Tract LUEs and quitclaiming all right, title and
interest of the Chaffins in and to the same, if any, to Glenn and Elsie Jackson is attached hereto as
Exhibit B and made a part hereof for all purposes. A true copy of a Quitclaim executed and
delivered by the Austin Raceway Company disclaiming any interest in the Austin Raceway Tract
LUEs and quitclaiming all right, title and interest of the Austin Raceway Company in and to the
Austin Raceway Tract LUEs, if any, is attached hereto as Exhibit C and is made a part hereof for all
purposes.
L. By virtue of agreements intended to be executed before or concurrent with the
effective date of this Agreement and Partial Assignment:
(1) Round Rock will transfer ownership of the Round Rock South Wastewater
Interceptor to LCRA, and LCRA and BRA have agreed to own, operate and maintain the Round
Rock South Wastewater Interceptor to provide wholesale wastewater service to Austin and Round
Rock as set forth in that certain "Interceptor Line Acquisition, Construction and Transportation
Service Contract (the "Interceptor Line Service Contract"); and
(2) Pursuant to the Interceptor Line Service Contract, Austin will acquire wastewater
transportation services from LCRA and BRA, and 1,551 LUEs of reserved capacity in the Round
Rock South Wastewater Interceptor, to serve areas located within its corporate limits and
extraterritorial jurisdiction pursuant to the Wastewater Disposal Agreement; and
(3) Pursuant to the Interceptor Line Service Contract, Round Rock will retain all the
remaining reserved capacity in the Round Rock South Wastewater Interceptor to serve lands within
its agreed service area under the Wastewater Disposal Agreement and the Interceptor Line Service
Contract.
M. To provide for the orderly administration of wastewater services in accordance with
the agreements by and between Round Rock, LCRA, BRA, and Austin concerning the ownership,
operation and maintenance of the Round Rock South Wastewater Interceptor, and to enable Austin
to provide service to the Chaffin Tract and Raceway Tract in accordance with the terms and
conditions of the Wastewater Disposal Agreement, Round Rock now wishes to assign to Austin all
if its rights and obligations under the Round Rock South Interceptor Agreement that apply to the
Chaffin Tract and the Raceway Tract but not otherwise.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Round Rock, Austin and LCRA hereby covenant and agree as follows:
1. Round Rock, as assignor, does hereby assign, transfer and convey to Austin its
contract rights and obligations arising under and by virtue of the Round Rock South Interceptor
Agreement but only as such rights and obligations apply to the 600 LUEs of wastewater line capacity
reserved for the Chaffin Tract and the 951 LUEs of wastewater line capacity reserved for the
Raceway Tract under the Round Rock South Interceptor Agreement. Austin, as assignee, hereby
(Rev. 6/25/02)
3
accepts such partial assignment of Round Rock's rights and obligations, and agrees to perform such
obligations, in accordance with the terms and conditions of the Round Rock South Interceptor
Agreement, subject to all of the conditions and limitations stated therein. To the extent that Round
Rock reserved the described wastewater line capacity under the Round Rock South Interceptor
Agreement for the Chaffin Tract (600 LUEs) and the Raceway Tract (951 LUEs), Austin agrees that
said wastewater capacity is now reserved for Glenn and Elsie Jackson as successors -in -interest to the
rights and obligations of C. Weldon Chaffin and wife, Lola M. Chaffin and Austin Raceway
Development Company, subject to the conditions and limitations set forth in the Round Rock
South Interceptor Agreement. For purposes of this Agreement, a Living Unit Equivalent ("LUE")
shall be equal to an assumed wastewater discharge of 350 gallons per day.
2. Round Rock specifically retains all other rights and obligations under the Round
Rock South Interceptor Agreement except for the rights and obligations specifically assigned to
Austin hereunder.
3. Glenn and Elsie Jackson, and each of them, by their signatures below, do hereby
represent that they are the current owners in fee of the 91.60 acre parcel described above as the
"Chaffin Tract" and the remaining approximately 112 acres out of the 164 acre parcel described
above as the Raceway Tract and successors -in -interest to the rights and obligations of C. Weldon
Chaffin and wife, Lola M. Chaffin, and Austin Raceway Development Company, under the Round
Rock South Interceptor Agreement. By the signatures below, Glenn and Elsie Jackson, and Round
Rock further represent that all monies owed to Round Rock for the reserved capacity in the Round
Rock South Interceptor to serve the Chaffin Tract and the Raceway Tract have been fully paid. In
addition, Glenn and Elsie Jackson, and Round Rock represent that the funds paid by the owners of
the Chaffin Tract and Raceway Tract participants under the Round Rock South Interceptor
Agreement have been spent for the construction of the Round Rock South Interceptor and no
reimbursement or other payment of funds is owed by Round Rock to Glenn and Elsie Jackson or
their predecessors -in -interest.
Based on such representations , Glenn and Elsie Jackson, and each of them, hereby consent to the
partial assignment to Austin of Round Rock's rights and obligations under the Round Rock South
Interceptor Agreement but only and to the extent such rights and obligations apply to the 600 LUEs
of wastewater line capacity reserved for the Chaffin Tract and the 951 LUEs of capacity reserved for
the Raceway Tract, Glenn and Elsie Jackson understand and agree that wastewater transportation
services provided to the Chaffin Tract and the Raceway Tract via the Round Rock Wastewater
Interceptor or the Round Rock Southwest Interceptor after the effective date of this partial
assignment shall be from Austin and not from Round Rock. Accordingly, Austin's policies and
ordinances concerning the extension of service, payment of Wastewater Capital Recovery Fees and
connection fees, and other Austin policies and ordinances regarding wastewater utility service shall
apply rather than Round Rock's.
Glenn and Elsie Jackson, and each of them, further agree to waive any right to assign any of said
reserved capacity or to accept an assignment of reserved capacity from any other Landowner with
(Rev. 6/25/02)
4
reserved capacity in the Round Rock South Wastewater Interceptor without the prior written
approval of Round Rock, Austin, and LCRA which approval shall not be unreasonably withheld.
Pursuant to Article II of the Round Rock South Interceptor Agreement, Glenn and Elsie Jackson
shall not be permitted to assign their LUEs to anyone other than a purchaser of their property or
another party to the Round Rock South Interceptor Agreement. In addition, in no event shall
Glenn and Elsie Jackson sell, assign or transfer their LUEs to an owner of Property located within
the corporate limits or extraterritiorial jurisdiction of Round Rock.
4. Glenn and Elsie Jackson, and each of them, hereby agree to defend, indemnify and
hold Round Rock, Austin, LCRA and BRA harmless of and from any and all claims, suits or causes
of action made by or on behalf of C. Weldon Chaffin or wife Lola M. Chaffin, their successors, heirs
or assigns asserting any right or interest in or to the wastewater line capacity or LUEs reserved for
the Chaffin Tract, or Austin Raceway Development Company, its successors or assigns, or other
claims arising under or by virtue of rights under the Round Rock South Interceptor Agreement
claimed by way of succession from C. Weldon Chaffin or wife, Lola M. Chaffin or Austin Raceway
Development Company.
5. LCRA, Round Rock and Austin agree that from and after the effective date of this
instrument, Austin will be responsible for providing wastewater service to the Chaffin Tract and the
Raceway Tract by and through Austin's arrangements for wholesale wastewater service from the
Brushy Creek Regional Wastewater Project in accordance with the terms of the Round Rock South
Interceptor Agreement, the Wastewater Disposal Agreement and the Interceptor Line Service
Agreement.
6. This Agreement and Partial Assignment Regarding Round Rock South Interceptor is
executed to be effective as of the effective date of the conveyance of the Round Rock South
Interceptor from Round Rock to LCRA.
IN WITNESS WHEREOF, the parties or their respective authorized representatives have
executed this instrument as of the date(s) set forth below.
APPROVED AS TO FORM:
Attorney for Round Rock
(Rev. 6/25/02)
CITY OF ROUND ROCK:
Maxwvell, Mayor
Date: I 1-0 ai
5
ATTEST:
•
APPROVED AS TO FORM:
istant C Attorney
Date:
(Rev. 6/25/02)
By:
CITY OF AUSTIN:
E. Canales
eputy City Manager
Date: 1!/2149-
GLENN JACKSON (Owner/Chaffin
Tract and balance of Raceway Tract):
ELSIE JACKSON (Owner/Chaffin Tract
and balance of Raceway Tract):
6
Date:
Elsie Jackson
6 -L7
LOWER COLORADO RIVER
AUTHORITY, a conservation and
reclamation district of the State
of Texas:
By:
Randy Goss, P.E., Manager
Water and Wastewater Utility Services
Date:
THE STATE OF TEXAS
COUNTY OF TRAVIS
THIS INSTRUMENT was acknowledged before me on this the day
E. Canales, Deputy City Manager of the City of Austin a Texas home ru
on behalf of said municipal corporation.
THE STATE OF TEXAS )
COUNTY OF TRAVIS )
(Rev. 6/25/02)
7
02, by Jose
al corporation,
ttitLJ
otary Public, State of
My Commission Expires:
THIS INSTRUMENT was acknowledged before me on this the _ day of , 2002, by
Randy J. Goss, P.E., Manager of Water and Wastewater Utility Services for the Lower Colorado
River Authority, a conservation and reclamation district of the State of Texas, on behalf of said
district.
(SEAL)
Notary Public, State of Texas
My Commission Expires:
THE STATE OF
j )
COUNTY OF _LTS �I 7&3 )
THIS INSTRUMENT was acknowledged before me on this G27 day of Ji/h e , 2002, by
Glenn Jackson, owner of the Property that is the subject of the foregoing instrument.
(SEAL)
THE STATE OF 6/Lefarni4
)
COUNTY OF -/s %4Yjgr ' )
tirintio
Notary Public, State of / yr►.a
My Commission Expires:
MOSHE NINIO
COMM. €1340209
NOTARY
� PUBLIC
-CALIF
LOS ANGELES COUNTY
1iy Oxon. epees February 9, 2C06
THIS INSTRUMENT was acknowledged before me on this c2 /day of Jan , 2002, by
Elsie Jackson, owner of the Property that is the subject of the foregoing instrument.
(SEAL)
(Rev. 6/25/02)
Notary Public, State of
4410
CcdJ/ -,74,
My Commission Expires: '"?..-f-2,0176
8
MOSHE NINIO
COMM. #1340209 D
NOTARY PUBLIC -CALIFORNIA
% los ANGF FS COUNTY
� % uhf Oats Exxes February 9.2003
THE STATE OF TEXAS )
)
COUNTY OF TRAVIS )
THIS INSTRUMENT was acknowledged before me on this the �rday of 002, by
Nyle Maxwell, Mayor of the City of Round Rock, a Texas home rule municip corp tion, on
behalf of said municipal corporation.
SEAL
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
(Rev. 6/25/02) 9
/e -
Notary Public, State of Texas
NaAtfriet
My Commission Expires: O' a8" 05
Properties Owned by Glenn and Elsie Jackson
Tu all OW nN by
Glenn and Ellie
Jackson
CM Jurisdictions
1
City of Austin
Extratarriterial
h tit diction
Cly of Austin
City Limib
Round Read
C ty Lin k
Round Rode
Extraterritorial
Ju IS diadem
EXHIBIT A
sun n,sma
QUIT CLAIM OF INTEREST
WHEREAS, on October 15, 1998, C. Weldon Chaffin and wife, Lola Mae
Chaffin ("Sellers") conveyed by Warranty Deed to Glenn K. Jackson and Elsie K.
Jackson ("Purchasers") that certain tract of land being 90.578 acres, more or less,
(previously referred to as 91.60 acres) located in Travis and Williamson Counties, Texas
and being more particularly described in Document No. 9862083, Official Records of
Williamson County, Texas, and Document No. 1999081366, Official Public Records of
Travis County, Texas, said Documents being incorporated by reference herein for all
purposes (the "Property");
WHEREAS, it was the intention of the Sellers and the Purchasers that the Sellers
convey all of Sellers' interest in the Property, including all rights, privileges and
appurtenances related to the Property;
WHEREAS, such appurtenant rights include those arising out of that certain
Community Facilities Participation Agreement (the "Facilities Agreement"), dated
August 15, 1984, by and among several land owners (including the Sellers) and the City
of Round Rock, relating to the construction of a wastewater line to serve the Property (as
well as several other tracts) and the reservation of capacity within such line as provided
therein;
WHEREAS, the Facilities Agreement provides that the Property is reserved six
hundred (600) living unit equivalents (the "LUEs") of capacity within the wastewater
line, and it was the intention that all rights to such LUEs be conveyed to Purchasers at the
time of the conveyance of the Property.
NOW, THEREFORE, in consideration of the prior agreement between the Sellers
and the Purchasers and TEN AND NO/100 DOLLARS ($10.00), as well as in order to
clarify and formalize the agreement of the parties:
For the consideration referenced above, Sellers have and hereby do
quitclaim to Purchasers all of Sellers' right, title, and interest in and to the
LUEs, to have and to hold unto Purchasers, Purchasers' heirs, executors,
administrators, successors, or assigns forever. Sellers have not previously
conveyed all or part of their interest in the LUEs and neither Sellers nor
Sellers' heirs, executors, administrators, successors, or assigns shall have,
claim, or demand any right or title to the LUEs or any portion thereof.
This Agreement is executed this g day of Maial , Oi, to be
effective for all purposes as of October 15, 1998.c'3
"SELLERS"
EXHIBIT B
c, De,
C. Weldon Chaffin
Lola Mae Chaffin
STATE OF TE_T _
COUNTY OF Lt
This instrument was acknowledged before me on the 7? day of
Mp`t'C9✓1 , 2001, by C. Weldon Chaffin and wife, Lola Mae Chaffin.
cco
LISA CARO
NOT*YPMCSTAN OFWAS
COMMISSION EXPIRES:
OCTOBER 31, 2005
thCc
Not Public, State of Texas
Notary's name (printed): gm.
Notary's commission expires:0
2
(l�.itnlnim ni Tntaract
QUITCLAIM OF INTEREST
WHEREAS, on or about January 5, 1996, Austin Raceway Development
Company, a Texas joint venture ("Seller") conveyed by Warranty Deed to Glenn K.
Jackson and Elsie Jackson ("Purchasers") that certain tract of land being 37.761 acres,
more or less, located in Travis County, Texas and being more particularly described on
Exhibit "A" attached hereto (the " 37.761 Acre Property");
WHEREAS, on or about April 14, 1997, Seller conveyed by Warranty Deed to
Purchasers that certain tract of land being 29.927 acres, more or less, located in Travis
County, Texas and being more particularly described on Exhibit "B" attached hereto (the
" 29.927 Acre Property");
WHEREAS, on or about April 14, 1997, Seller conveyed by Warranty Deed to
Purchasers that certain tract of land being 44.299 acres, more or less, located in Travis
and Williamson Counties, Texas and being more particularly described on Exhibit "C"
attached hereto (the "44.299 Acre Property") (collectively, the 37.761 Acre Property, the
29.927 Acre Property and the 44.299 Acre Property shall be referred to as the
"Purchasers' Property");
WHEREAS, it was the intention of the Seller and the Purchasers that the Seller
convey all of Seller's interest in the Purchasers' Property, including all rights, privileges
and appurtenances thereto;
WHEREAS, such appurtenant rights include those arising out of that certain
Community Facilities Participation Agreement (the "Facilities Agreement"), dated
August 15, 1984, by and among several land owners (including the Seller) and the City of
Round Rock, relating to the construction of a wastewater line to serve the Purchasers'
Property (as well as several other tracts) and the reservation of capacity within such line
as provided therein;
WHEREAS, the Facilities Agreement provides that the Seller is reserved nine
hundred fifty-one and two-tenths (951.2) living unit equivalents (the "951.2 LUEs") of
capacity within the wastewater line;
WHEREAS, the Facilities Agreement sets forth that, as of the date of the
Facilities Agreement, Seller owned approximately 164.0 acres ("Seller's Original
Property"), including Purchasers' Property;
WHEREAS, Seller conveyed the portion of the Seller's Original Property not
otherwise conveyed to Purchasers to a third party that Seller believes required no
wastewater service utilizing the wastewater line constructed pursuant to the Facilities
Agreement;
EXHIBIT C
WHEREAS, it was the intention of Seller that all rights it owned to such 951.2
LUEs be conveyed to Purchasers at the time of the conveyance of the Purchasers'
Property.
NOW, THEREFORE, in consideration of the prior agreement between the Seller
and the Purchasers and TEN AND NO/100 DOLLARS ($10.00), as well as in order to
clarify and formalize the agreement of the parties:
For the consideration referenced above, Seller has and hereby does
quitclaim to Purchasers all of Seller's right, title, and interest in and to the
951.2 LUEs, to have and to hold unto Purchasers, Purchasers' heirs,
executors, administrators, successors, or assigns forever. Seller has not
previously executed any instrument conveying all or part of their interest
in the 951.2 LUEs and neither Seller nor Seller's heirs, executors,
administrators, successors, or assigns shall have, claim, or demand any
right or title to the 951.2 LUEs or any portion thereof.
This Agreement is executed this of , 2002, to be
effective for all purposes as of the respective dates of convey of the Purchasers'
Property as set forth above.
"SELLER"
AUSTIN RACEWAY DEVELOPMENT
COMPANY, a Texas joint venture
By:
Larry
STATE OF TE
COUNTY OF `1,4-&i
p e, aging Venturer
ciK
This instrument was acknowledged before me on the a day of
2002, by Larry Temple, Managing Venturer of Austin
Raceway Deve .went Company, a Texas joint venture, on behalf of said joint venture.
Notary Public, State of Texas
Notary's name (printed):
Notary's commission expires:
2
Quitclaim of Interest