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R-98-08-27-10A1 - 8/27/1998Residential Districts Consent Resolution k -q8--08-'7- RESOLUTION NO.IDA 1 A RESOLUTION GRANTING THE CONSENT OF THE CITY OF ROUND ROCK, TEXAS, TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 10 AND 11 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION. WHEREAS, the City of Round Rock received a Petition for Consent to the Creation of (i) a MUNICIPAL UTILITY DISTRICT (to be known as Williamson County Municipal Utility District No. 10) for 447.561 acres located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit F-1 and (ii) a MUNICIPAL UTILITY DISTRICT (to be known as Williamson County Municipal Utility District No. 11) for 447.800 acres located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit F-2; and WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Local Government Code provide that land within a city's extraterritorial jurisdiction may not be included within a district without the city's written consent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the City Council of the City of Round Rock, Texas, gives its written consent to (i) the creation of Williamson County Municipal Utility District No. 10 on 447.561 acres of land, as described in the attached petition and the consent conditions attached thereto, and (ii) the creation of Williamson County Municipal Utility District No. 11 on 447.800 acres of land, as described in the petition and the consent conditions attached thereto. t PASSED AND APPROVED on the o� day of / 1998. ATTEST: 29298.19/081798 Mayor, City of�Rock APPRIYED: City At'Nrney EXHIBIT F - Page 1 of 1 EXHIBIT F-1 PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned (herein the "Petitioner), holding title to land hereinafter described by metes and bounds, and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, respectfully petitions the City Council of the City of Round Rock, Texas, for its written consent to the creation of a municipal utility district and would show the following: The name of the proposed District shall be WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 (the "District"). The District shall be created and organized under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code. The District shall contain an area of 447.561 acres of land, more or less, situated in Williamson County, Texas. All of the land to be included in the District is within the extraterritorial jurisdiction of the City of Round Rock, Texas (the "City"). All of the land proposed to be included may properly be included in the District. The land proposed to be included within the District consists of one tract described by metes and bounds in Exhibit "F -1A", which is attached hereto and incorporated herein for all purposes. IV. Petitioner holds title to land within the District and is the owner of a majority in value of such land, as indicated by the tax rolls of Williamson County, Texas. V. The Petitioner represents that attached hereto as Exhibit "F -1B" are the consent of all Iienholders on the subject property. VI. The general nature of the work to be done by the District at the present time is the design, construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, and such other construction, acquisition, 29298.17/081098 EXHIBIT F1- Page 1 of 3 improvement, maintenance and operation of such additional facilities, systems, plants and enterprises as shall be consonant with all of the purposes for which the District is created. VII. There is, for the following reasons, a necessity for the above-described work. The area proposed to be within the District is urban in nature, is within the growing environs of the City of Round Rock, Texas, and is in close proximity to populous and developed sections of Williamson County, Texas. There is not now available within the area, which will be developed for single family residential and commercial uses, an adequate waterworks system, sanitary sewer system, or drainage and storm sewer system. The health and welfare of the present and future inhabitants of the area and of the territories adjacent thereto require the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of an adequate waterworks system, sanitary sewer system, and drainage and storm sewer system. A public necessity, therefore, exists for the creation of the District, to provide for the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of such waterworks system, sanitary sewer system, and drainage and storm sewer system, to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VIII. Petitioner, by submission of this Petition, requests the City's consent to the creation of the District containing the land as described by metes and bounds in the attached Exhibit "F -1A," under the same conditions set forth in Exhibit "F -1C" which is attached hereto and incorporated herein for all purposes. IX. A preliminary investigation has been made to determine the cost of the proposed District's project, and it is now estimated by the Petitioner, from such information as it has at this time, that such cost will be approximately $21,250,000. WHEREFORE, Petitioner prays that this petition be heard and that your Honorable Body duly pass and approve an ordinance or resolution granting the consent to the creation of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED this day of , 1998. 29298.17/081098 NEWLAND-ROUND ROCK ASSOCIATES, LP., a Texas limited partnership By: NEWLAND ASSOCIATES ROUND ROCK, INC., a Texas corporation, General Partner By: Name: Title: EXHIBIT F I - Page 2 of 3 THE STATE OF TEXAS COUNTY OF By: Name: Title: This instrument was acknowledged before me on the day of , 1998, by , as of Newland Associates Round Rock, Inc., a Texas corporation, the general partner of Newland -Round Rock Associates, L.P., on behalf of said corporation. (NOTARY SEAL) THE STATE OF TEXAS COUNTY OF Notary Public, State of Texas This instrument was acknowledged before me on the day of , 1998, by , as of Newland Associates Round Rock, Inc., a Texas corporation, the general partner of Newland -Round Rock Associates, L.P., on behalf of said corporation. (NOTARY SEAL) 29298.171081098 Notary Public, State of Texas EXHIBIT F-1 - Page 3 of 3 Metes and Bounds Description Williamson County Municipal Utility District No. 10 447.561 Acres (19,495,752 Square Feet) Barney C. Low Survey, A-385 Williamson County, Texas BEING a tract containing 447.561 acres (19,495,752 square feet) of land situated in the Barney C. Low Survey, A-385 of Williamson County, Texas and a portion of a called 895.35 acre tract described in deed to Newland Round Rock Associates L.P. in deed recorded under Document Number 9801109 of the Official Records Williamson County, Texas (O.R.W.C.T.). Said 447.561 acre tract being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone and based on published NAD 83/93 HARN values for City of Georgetown monumentation network, monument numbers 96005 and 96007: BEGINNING at the northwest comer of said Newland 895.35 acre tract and being a point in a southerly line of a called 74.79 acre tract described in deed to Ray Isaacks recorded in Volume 633, Page 235 of the Williamson County Deed Records (W.C.D.R.); THENCE, along the lines common to the northerly lines of said Newland 895.35 acre *tract, the southerly line of said 74.79 acre tract, the southerly lines of a called 100 acre and a 20 acre tract described in deed to D. L. Hawkins recorded in Volume 314, Page 83 W.C.D.R. and the southerly lines of a called 82.060 acre tract described in deed to Joe D. Anderson et ux recorded in Volume 848, Page 511 W.C.D.R. the following eight (8) courses: 1. North 68°59'13" East, a distance of 1,326.73 feet to a point for corner; 2. North 70°52'42" East, a distance of 236.21 feet to a point for corner; 3. North 62°52'35" East, a distance of 37.04 feet to a point for corner; 4. North 55°50'58" East, a distance of 339.83 feet to a point for corner; 5. North 21°09'21" West, a distance of 176.20 feet to a point for corner; 6. North 74°18'41" East, a distance of 769.18 feet to a point for comer; 7. North 73°31'41" East, a distance of 576.46 feet to a point for comer; 8. North 71°36'44" East, a distance of 921.28 feet to a point for comer; Page 1 of 4 MUDA. doc EXHIBIT F -1A - Page 1 of 4 THENCE, crossing said Newland 895.35 acre tract the following twenty one (21) courses: 1. South 74°20'24" East, a distance of 87.05 feet to a point for corner; 2. South 79°03'50" East, a distance of 50.00 feet to a point for comer; 3. South 10°59'46" West, a distance of 12.36 feet to a point for corner; 4. South 78°56'39" East, a distance of 132.14 feet to a point for corner; 5. South 76°38'22" East, a distance of 114.48 feet to a point for comer; 6. South 13°21'38" West, a distance of 333.80 feet to a point for comer; 7. South 05°40'54" East, a distance of 54.38 feet to a point for corner; 8. South 84°32'18" West, a distance of 45.83 feet to a point for comer; 9. South 80°34'27" West, a distance of 52.35 feet to a point for comer; 10. South 09°25'33" East, a distance of 100.00 feet to a point for comer; 11. South 80°34'27" West, a distance of 254.23 feet to the beginning of a curve to the left; 12. 131.32 feet along the arc of said curve to the left having a Delta Angle of 03°25'10", a Radius of 2,200.37 feet and a Chord Bearing and Distance of South 77°58'31" West, 131.30 the end of said curve; 13. South 05°29'17" 14. South 20°14'4T 15. South 69°45'13' 16. South 48°01'53' 17. South 30°32'21' 18. South 85°10'21' East, a distance of 469.05 feet to a point for comer; ' West, a distance of 98.04 feet to a point for corner; ' East, a distance of 683.23 feet to a point for comer; ' East, a distance of 348.86 feet to a point for comer; ' East, a distance of 531.86 feet to a point for comer; ' East, a distance of 524.20 feet to a point for corner; Page 2 of 4 MUDA. doc EXHIBIT F -1A - Page 2 of 4 19. South 78°17'02" East, a distance of 798.82 feet to a point for corner; 20. South 84°43'08" East, a distance of 8.79 feet to a point for comer; 21. South 05°16'45" West, a distance of 626.09 feet to a point for comer and being a point in a northerly right-of-way line of County Road No. 114 (Chandler Road); THENCE, along the northerly right-of-way lines of said Chandler Road the following ten (10) courses: 1. South 69°35'31" West, a distance of 3,420.18 feet to the beginning of a curve to the left; 2. 276.23 feet along the arc of said curve to the left having a Delta Angle of 07°44'21", a Radius of 2,045.00 feet and a Chord Bearing and Distance of South 65°43'21" West, 276.02 feet to the end of said curve; 3. South 82°58'08" West, a distance of 291.93 feet to a point for corner; 4. South 20°35'57" East, a distance of 41.63 feet to a point for comer; 5. South 44°48'56" West, a distance of 731.19 feet to the beginning of a curve to the right; 6. 62.10 feet along the arc of said curve to the right having a Delta Angle of 01°45'34", a Radius of 2,022.42 feet and a Chord Bearing and Distance of South 57°59'05" West, 62.10 feet to the end of said curve; 7. South 67°40'31" West, a distance of 771.48 feet to a point for corner; 8. South 71°15'12" West, a distance of 392.10 feet to a point for comer; 9. South 70°46'27" West, a distance of 500.73 feet to a point for corner; 10. South 69°12'15" West, a distance of 139.99 feet to the most southerly southwest corner of the aforementioned Newland 895.35 acre tract; THENCE, along the westerly lines of said Newland 895.35 acre tract, the following seven (7) courses: 1. North 20°37'24" West, a distance of 428.03 feet to a point for corner; Page 3 of 4 MUDA. doc EXHIBIT F -1A - Page 3 of 1 2. North 69°24'06" East, a distance of 89.97 feet to a point for comer; 3. North 20°38'24" West, a distance of 1,606.67 feet to a point for corner; 4. North 69°21'06" East, a distance of 200.00 feet to a point for comer; 5. North 03°55'54" West, a distance of 479.78 feet to a point for corner; 6. North 15°00'36" East, a distance of 1,047.42 feet to a point for comer; 7. North 04°56'06" East, a distance of 457.60 feet to a point for comer to the POINT OF BEGINNING and containing a computed area 19,495,752 square feet or 447.561 acres more or less. It is neither the intent of nor does the above description represent an on the ground boundary survey of the tract described. The limits of the M.U.D. described above is based solely on record documents and information provided by Turner, Collie & Braden, Inc., consulting engineers. _ Prepared by: SURVCON INC. 400 West 15th St., Suite 430 Austin, TX 78701 Job No.417-488 27 June, 1998 Page 4 of 4 MUDA. doc EXHIBIT F -1A — Page 4 of EXHIBIT "F-1 B" (Consent of All Lienholders on the Land to be included in Williamson County Municipal Utility District No. 10) CERTIFICATE OF LIENHOLDER'S CONSENT STATE OF NEW YORK § COUNTY OF § LEHMAN BROTHERS HOLDINGS, INC., D/B/A LEHMAN CAPITAL, a division of Lehman Brothers Holdings, Inc. is the holder of a lien on the tract(s) of land which are proposed to be included in Williamson County Municipal Utility Districts Nos. 10 and 11 (the "Districts"), which tracts are described respectively by metes and bounds attached hereto as Exhibits "A" and "B." In its capacity as lienholder on the affected tracts, LEHMAN BROTHERS HOLDINGS, INC., D/B/A LEHMAN CAPITAL hereby consents to the creation of the Districts over the tract(s) and to the Petitions for Consent to the Creation of a Municipal Utility District to the City of Round Rock and Petitions for Creation of the Districts to the Texas Natural Resource Conservation Commission executed by Newland -Round Rock Associates, L.P. in conjunction with the creation of the Districts. WITNESS MY HAND this day of , 1998. STATE OF NEW YORK COUNTY OF LEHMAN BROTHERS HOLDINGS, INC. d/b/a/ Lehman Capital, a division of Lehman Brothers Holdings, Inc. By: Name Title: This instrument was acknowledged before me on the day of , 1998, by of LEHMAN BROTHERS HOLDINGS, INC. d/b/a/ Lehman Capital, a division of Lehman Brothers Holdings, Inc. on behalf of said corporation. (NOTARY SEAL) 29298.17/081098 Notary Public State of New York EXHIBIT F-1 B - Page 1 of 1 EXHIBIT "F -1C" (a) The City of Round Rock, Texas (the "City") and Newland -Round Rock Associates, L.P. shall enter into and execute an agreement for the City to provide wholesale water and sewage treatment services to the land to be included within the District, which agreement will be assigned to and accepted by the District after its creation. The District will provide retail water and sewage treatment services to the land within the District and bill the customers for such services. The District's rates for and restrictions on the provision of water and sewage treatment services to its customers shall be adopted and amended from time to time so that the District's rates shall not be Tess than those of the City to its in -City customers and the District's regulations and restrictions on service shall not be Tess restrictive than those of the City. (b) The District will issue bonds only for the purposes authorized by law, including but not limited to, purchasing, designing and constructing, or purchasing, designing, and constructing or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate bome by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the District, takes over the assets of the District and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications therefrom. All water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on -the -ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of Round Rock of a plat which will be duly recorded in the Official Records of Williamson County, Texas, and otherwise comply with the rules and regulations of the Planning and Community Development Department and the Department of Public Works of the City of Round Rock. 29298.17/081098 EXHIBIT F-1 C - Page 1 of 3 (e) The District shall accept, operate and maintain street lighting or security lighting constructed by an owner or developer of property within the District and located within public utility easements or public rights-of-way within the boundaries of the district to the extent of its legal authority to do so and in accordance with Section 54.236, Texas Water Code. (f) The District reserves the right to assign all or part of its obligations under Subsection (e) of this Exhibit "F -1C" to another governmental entity, a homeowners association or a similar entity, subject to the consent of the City, which consent shall not be unreasonably withheld or delayed. 29298.17/081098 EXHIBIT F-1 C - Page 2 of 3 THE STATE OF TEXAS COUNTY OF § § I, the Secretary of the City of Round Rock, Texas, do hereby certify that signed copies of the Petitions for Creation of Williamson County Municipal Utility Districts Nos. 10 and 11 have been filed in my office. WITNESS MY HAND AND THE SEAL OF THE CITY, this _ day of 1998. (SEAL) 29298.17/081098 City Secretary, City of Round Rock, Texas EXHIBIT F -1C- Page 3 of 3 EXHIBIT F-2 PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned (herein the "Petitioner"), holding title to land hereinafter described by metes and bounds, and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, respectfully petitions the City Council of the City of Round Rock, Texas, for its written consent to the creation of a municipal utility district and would show the following: The name of the proposed District shall be WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 11 (the "District"). The District shall be created and organized under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code. The District shall contain an area of 447.800 acres of land, more or less, situated in Williamson County, Texas. All of the land to be included in the District is within the extraterritorial jurisdiction of the City of Round Rock, Texas (the "City"). All of the land proposed to be included may properly be included in the District. The land proposed to be included within the District consists of one tract described by metes and bounds in Exhibit "F -2A", which is attached hereto and incorporated herein for all purposes. IV. Petitioner holds title to land within the District and is the owner of a majority in value of such land, as indicated by the tax rolls of Williamson County, Texas. V. The Petitioner represents that attached hereto as Exhibit "F -2B" are the consent of all lienholders on the subject property. VI. The general nature of the work to be done by the District at the present time is the design, construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, and such other construction, acquisition, improvement, maintenance and operation of such additional facilities, systems, plants and enterprises as shall be consonant with all of the purposes for which the District is created. 29298.17/081098 EXHIBIT F-2 - Page 1 of 3 VII. There is, for the following reasons, a necessity for the above-described work. The area proposed to be within the District is urban in nature, is within the growing environs of the City of Round Rock, Texas, and is in close proximity to populous and developed sections of Williamson County, Texas. There is not now available within the area, which will be developed for single family residential and commercial uses, an adequate waterworks system, sanitary sewer system, or drainage and storm sewer system. The health and welfare of the present and future inhabitants of the area and of the territories adjacent thereto require the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of an adequate waterworks system, sanitary sewer system, and drainage and storm sewer system. A public necessity, therefore, exists for the creation of the District, to provide for the purchase, design, construction, acquisition, ownership, operation, repair, improvement and extension of such waterworks system, sanitary sewer system, and drainage and storm sewer system, to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VIII. Petitioner, by submission of this Petition, requests the City's consent to the creation of the District containing the land as described by metes and bounds in the attached Exhibit "F -2A," under the same conditions set forth in Exhibit "F -2C" which is attached hereto and incorporated herein for all purposes. IX. A preliminary investigation has been made to determine the cost of the proposed District's project, and it is now estimated by the Petitioner, from such information as it has at this time, that such cost will be approximately $27,000,000. WHEREFORE, Petitioner prays that this petition be heard and that your Honorable Body duly pass and approve an ordinance or resolution granting the consent to the creation of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED this day of , 1998. 29298.17/081098 NEWLAND-ROUND ROCK ASSOCIATES, LP., a Texas limited partnership By: NEWLAND ASSOCIATES ROUND ROCK, INC., a Texas corporation, General Partner By: Name: Title: EXHIBIT F-2 - Page 2 of 3 THE STATE OF TEXAS COUNTY OF By: Name: Title: This instrument was acknowledged before me on the day of , 1998, by , as of Newland Associates Round Rock, Inc., a Texas corporation, the general partner of Newland -Round Rock Associates, L.P., on behalf of said corporation. (NOTARY SEAL) THE STATE OF TEXAS COUNTY OF Notary Public, State of Texas This instrument was acknowledged before me on the day of , 1998, by , as of Newland Associates Round Rock, Inc., a Texas corporation, the general partner of Newland -Round Rock Associates, L.P., on behalf of said corporation. (NOTARY SEAL) 29298.17/081098 Notary Public, State of Texas EXHIBIT F-2 - Page 3 of 3 • EXHIBIT F -2A Metes and Bounds Description M.U.D. #11 447.800 Acres (19,506,164 Square Feet) Barney C. Low Survey, A-385 Williamson County, Texas BEING a tract containing 447.800 acres (19,506,164 square feet) of land situated in the Barney C. Low Survey, A-385 of Williamson County, Texas and being a portion of a called 895.35 acre tract described in deed to Newland Round Rock Associates L.P. in deed recorded under Document Number 9801109 of the Official Records Williamson County, Texas (O.R.W.C.T.). Said 447.800 acre tract being more particularly described by metes and bounds as follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zorie and based on published NAD 83/93 HARN values for City of Georgetown monumentation network, monument numbers 96005 and 96007: BEGINNING at the most southerly southeast corner of said Newland 895.35 acre tract same being the northeast comer of the remainder of a called 53.60 acre tract described in deed to Magnolia-Lonestar, Inc. recorded in Volume 2411, Page 320 O.R.W.C.T. being a point in a curve to the right of a westerly right-of-way line of State Farm to Market Highway 1460 (FM 1460); THENCE, departing said right-of-way and along the lines common to said Newland 895.35 acre tract and to said Magnolia-Lonestar, Inc. tract and to a called 19.01 acre tract described in deed to Motorola, Inc. recorded under Document Number 9522060 O.R.W.C.T., the following seven (7) courses: 1. South 76°13'35" West, a distance of 868.63 feet to a point for corner; 2. South 74°37'23" West, a distance of 95.83 feet to a point for corner; 3. South 78°14'18" West, a distance of 1,016.23 feet to a point for comer; 4. South 79°01'11" West, a distance of 799.11 feet to a point for comer; 5. South 20°18'29" East, a distance of 334.64 feet to a point for corner; 6. South 21°23'03" East, a distance of 68.29 feet to a point for comer; 7. South 20°54'59" East, a distance of 964.16 feet to a point for corner and being the southwest corner of said Motorola, Inc. tract and being a point in a northerly right-of-way line of County Road 114 (Chandler Road); Page 1 of 4 MUD' 1. doc EXHIBIT F -2A — Page 1 of 4 EXHIBIT F -2A THENCE, South 69°35'31" West, along said northerly right-of-way line of County Road 114, a distance of 1,152.00 feet to a point for corner; THENCE, crossing said Newland 895.35 acre tract, the following twenty one (21) courses: 1. North 05°16'45" East, a distance of 626.09 feet to a point for corner; 2. North 84°43'08" West, a distance of 8.79 feet to a point for corner; 3. North 78°17'02" West, a distance of 798.82 feet to a point for corner; 4. North 85°10'21" West, a distance of 524.20 feet to a point for corner; 5. North 30°32'21" West, a distance of 531.86 feet to a point for corner; 6. North 48°01'53" West, a distance of 348.86 feet to a point for corner; 7. North 69°45'13" West, a distance of 683.23 feet to a point for corner; 8. North 20°14'47" East, a distance of 98.04 feet to a point for corner; 9. North 05°29'17" West, a distance of 469.05 feet to the beginning of a curve to the right; 10. 131.32 feet along the arc of said curve to the right having a Delta Angle of 03°25'10", a Radius of 2,200.37 feet and a Chord Bearing and Distance of North 77°58'31" East, 131.30 feet to the end of said curve; • 11. North 80°34'27" 12. North 09°25'33" 13. North 80°34'27" 14. North 84°32'18" 15. North 05°40'54" 16. North 13°21'38' 17. North 76°38'22' 18. North 78°56'39' East, a distance of 254.23 feet to a point for comer; West, a distance of 100.00 feet to a point for corner; East, a distance of 52.35 feet to a point for corner; East, a distance of 45.83 feet to a point for corner; West, a distance of 54.38 feet to a point for corner; ' East, a distance of 333.80 feet to a point for comer; ' West, a distance of 114.48 feet to a point for corner; ' West, a distance of 132.14 feet to a point for corner; Page 2 of 4 MUDI 1. doc EXHIBIT F -2A - Page 2 of 4 EXHIBIT F -2A 19. North 10°59'46" East, a distance of 12.36 feet to a point for comer; 20. North 79°03'50" West, a distance of 50.00 feet to a point for corner; 21. North 74°20'24" West, a distance of 87.05 feet to the southeast corner a called 82.060 acre tract described in deed to Joe D. Anderson et ux recorded in Volume 848, Page 511 of the Williamson County Deed Records (W.C.D.R.) and being an interior corner of said Newland 895.35 acre tract; THENCE, North 20°12'12" West, along the line common to said 82.060 acre tract and to said Newland 895.35 acre tract, a distance of 1,453.49 feet to the northeast corner of said 82.060 acre tract and being a point in the southerly line of a called 60 acre tract described in deed to Charles J. Johnson recorded in Volume 848, Page 817 W.C.D.R.; THENCE, North 78°38'17" East, along the line common to said 60 acre tract and to said Newland•895.35 acre tract, a distance of 544.04 feet to the southeast corner of said 60 acre tract and being the southwest comer of a called 62.048 acre tract described in deed to Lois H. Anderson recorded in Volume 2235, Page 889 O.R.W.C.T.; THENCE, along the lines common to said Newland 895.35 acre tract and to said 62.048 acre tract the following three (3) courses: 1. North 78°44'50" East, a distance of 503.47 feet to a point for corner; 2. North 78°49'00" East, a distance of 1019.93 feet to a point for comer; 3. North 78°01'49" East, a distance of 338.34 feet to the southeast comer of said 62.048 acre tract; THENCE, North 68°36'30" East, along a northerly line of said Newland 895.35 acre tract, a distance of 2,594.00 feet to the northeast corner of said Newland 895.35 acre tract and being a point in the aforementioned westerly right-of-way of FM 1460; THENCE, along the lines common to said Newland 895.35 acre tract and to said FM 1460, the following three (3) courses: 1. South 21°00'18" East, a distance of 3,639.03 feet to a point for comer; 2. South 01°46'49" West, a distance of 53.65 feet to the beginning of a curve to the right; Page 3 of 4 MUD11.doc EXHIBIT F -2A - Page 3 of 4 EXHIBIT F -2A 3. 37.07 feet along the arc of said curve to the .right having a Delta Angle of 00°57'06", a Radius of 2,232.01 feet and a Chord Bearing and Distance of South 18°59'46" East, 37.07 feet to the POINT OF BEGINNING and containing a computed area 19,506,164 square feet or 447.800 acres more or less. It is neither the intent of nor does the above description represent a boundary survey of the tract described. The limits of the M.U.D. described above is based solely on record documents and information provided by Turner, Collie & Braden, Inc., consulting engineers. Prepared by: SURVCON INC. 400 West 15th St., Suite 430 Austin, TX 78701 Job No.417-630 29 June, 1998 rev: 9 July, 1998 Page 4 of 4 MUD I. doc EXHIBIT F -2A — Page 4 of 4 EXHIBIT "F -2B" (Consent of All Lienholders on the Land to be included in Williamson County Municipal Utility District No. 11) CERTIFICATE OF LIENHOLDER'S CONSENT STATE OF NEW YORK § COUNTY OF § LEHMAN BROTHERS HOLDINGS, INC., D/B/A LEHMAN CAPITAL, a division of Lehman Brothers Holdings, Inc. is the holder of a lien on the tract(s) of land which are proposed to be included in Williamson County Municipal Utility Districts Nos. 10 and 11 (the "Districts"), which tracts are described respectively by metes and bounds attached hereto as Exhibits "A" and "B." In its capacity as lienholder on the affected tracts, LEHMAN BROTHERS HOLDINGS, INC., D/B/A LEHMAN CAPITAL hereby consents to the creation of the Districts over the tract(s) and to the Petitions for Consent to the Creation of a Municipal Utility District to the City of Round Rock and Petitions for Creation of the Districts to the Texas Natural Resource Conservation Commission executed by Newland -Round Rock Associates, L.P. in conjunction with the creation of the Districts. WITNESS MY HAND this day of , 1998. LEHMAN BROTHERS HOLDINGS, INC. d/b/a/ Lehman Capital, a division of Lehman Brothers Holdings, Inc. By: Name Title: STATE OF NEW YORK COUNTY OF This instrument was acknowledged before me on the day of , 1998, by of LEHMAN BROTHERS HOLDINGS, INC. d/b/a/ Lehman Capital, a division of Lehman Brothers Holdings, Inc. on behalf of said corporation. (NOTARY SEAL) 29298.17i081098 Notary Public State of New York EXHIBIT F -2B - Page 1 of 1 EXHIBIT "F -2C" (a) The City of Round Rock, Texas (the "City") and Newland -Round Rock Associates, L.P. shall enter into and execute an agreement for the City to provide wholesale water and sewage treatment services to the land to be included within the District, which agreement will be assigned to and accepted by the District after its creation. The District will provide retail water and sewage treatment services to the land within the District and bill the customers for such services. The District's rates for and restrictions on the provision of water and sewage treatment services to its customers shall be adopted and amended from time to time so that the District's rates shall not be Tess than those of the City to its in -City customers and the District's regulations and restrictions on service shall not be less restrictive than those of the City. (b) The District will issue bonds only for the purposes authorized by law, including but not limited to, purchasing, designing and constructing, or purchasing, designing, and constructing or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the District, takes over the assets of the District and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications therefrom. All water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on -the -ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of Round Rock of a plat which will be duly recorded in the Official Records of Williamson County, Texas, and otherwise comply with the rules and regulations of the Planning and Community Development Department and the Department of Public Works of the City of Round Rock. 29298.171081098 EXHIBIT F -2C - Page 1 of 3 (e) The District shall accept, operate and maintain street lighting or security lighting constructed by an owner or developer of property within the District and located within public utility easements or public rights-of-way within the boundaries of the district to the extent of its legal authority to do so and in accordance with Section 54.236, Texas Water Code. (f) The District reserves the right to assign all or part of its obligations under Subsection (e) .of this Exhibit "F -2C" to another governmental entity, a homeowners association or a similar entity, subject to the consent of the City, which consent shall not be unreasonably withheld or delayed. 29298.17/081098 EXHIBIT F -2C - Page 2 of 3 THE STATE OF TEXAS COUNTY OF I, the Secretary of the City of Round Rock, Texas, do hereby certify that signed copies of the Petitions for Creation of Williamson County Municipal Utility Districts Nos. 10 and 11 have been filed in my office. WITNESS MY HAND AND THE SEAL OF THE CITY, this _ day of 1998. (SEAL) 29298.17/081098 City Secretary, City of Round Rock, Texas EXHIBIT F -2C - Page 3 of 3 DATE: August 21,1998 SUBJECT: City Council Meeting - August 27,1998 ITEM: 10.A.1. Consider a resolution granting the consent of the City of Round Rock, Texas, to the creation of Williamson County Municipal Utility Districts Nos. 10 and 11 within the City's extraterritorial jurisdiction. Staff Resource Person: Charlie Crossfield, City Attorney's Office.