R-07-07-12-11D2 - 7/12/2007 RESOLUTION NO. R-07-07-12-11D2
WHEREAS, the City of Round Rock ("City") has previously entered
into a Development Agreement ("Agreement") with Merion 100, L.P.
("Developer") to assure that the property was developed and adequately
provided with water, wastewater and transportation services, and
WHEREAS, Developer has submitted an amendment to the Agreement by
and between the City of Round Rock, Texas, Merion 100, L.P. , and Sycamore
Trail, LTD ("Sycamore") , and
WHEREAS, the City Council desires to enter into said amendment
with Developer and Sycamore, 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 amendment to the Development Agreement by and
between the City of Round Rock, Texas, Merion 100, L.P. , and Sycamore
Trail, LTD, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
0:\wdox\RESOLUTI\R70712D2.WPD/rmc
RESOLVED this 12th day of July, 20
RLAA) Me. UAW , MayorPro-tem
AST: City of Round Rock, Texas
AA I A'L�� I
A U LAjW 1 vfi&.6�"
CHRISTINE R. MARTINEZ, City S4'retary
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STATE OF TEXAS §
§ AGREEMENT
COUNTY OF WILLIAMSON §
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This Agreement is between MERION 100,L.P.,a Texas limited partnership("Merton"or
"Developer') and the CITY OF ROUND ROCK, a Texas municipality of the County of
Williamson, State of Texas (the "City', and SYCAMORE TRAIL, LTD., a Texas limited
partnership("Sycamore's.
WHEREAS, Developer and the City entered into a certain Development Agreement(the
"Agreement") for the purposes of providing an adequate network of water, wastewater and
transportation services to serve that certain 99.52 acre tract of land owned by Merion,which is more I
particularly described on Exhibit A attached to the Agreement. The Agreement is dated on or about
August 11, 2005, and a true and correct copy is attached hereto as Exhj jam. The City was
authorized to enter into the Agreement by Resolution No.R-05-08-11-11132,dated August 11,2005,
a true and,correct copy of which is attached hereto as Exhibit
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WHEREAS,in Section LF ofthe Agreement Merion is obligated to convey to the City a tract
of land to be used by the City for parkland.
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WHEREAS,Merton has requested that Sycamore convey to the City part of Sycamore's land
in satisfaction of Merton's parkland obligation,and Sycamore hereby agrees to do so.
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NOW,THEREFORE,the parties agree to the following:
1. Amendment of Development Agreement. Merion and the City agree that Section
1.F of the Development Agreement is deleted in its entirety and replaced with the
following: 1
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F. Parkland Acquisition. The Developer acknowledges that the City's
customary fee for the granting of its consent to the creation of a MUD is eight
percent(8%)of the amount of bonds issued by the MUD. The Developer and
the City agree that,in lieu of said eight percent(8%)fee,the.City will accept j
that certain 11.223 acre tract of land described on Exhibit C attached hereto. f
This tract of land will be conveyed to the City by Sycamore Trail, Ltd.,by
Special Warranty Deed,free and clear of all liens;said Deed to be executed
and delivered by Sycamore Trail,Ltd.to the City on or before September 1,
2007. 1
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2. Consideration. In consideration for Sycamore's conveyance of the land described
on Exhibit C to the City, Merion will pay to Sycamore a good and valuable
consideration as set out in a separate agreement between Sycamore and Merion of
even date herewith.
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K:VWMycamore Trail Ltd-266=oloniel Properties Trust JAAGREEWW(park lend).wpd
urm"HIBIT 'W'
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3. No Qther Amendment. Except as set forth herein, the Development Agreement
remains in full and effect and unmodified.
Signed this_day of 22007. i
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CITY OF ROUND ROCK,TEXAS
BY:
Nyle Maxwell,Mayor
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MERION 100,L.P.
A Texas Limited Partnership
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BY: RJR Bandon Dunes Company,LLC
A Texas Limited Liability Company
General Partner
By: {
Robert D.Wunsch-President
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SYCAMORE TRAIL,LTD.
A Texas Limited Partnership
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BY: Ashton Oaks,L.L.C.
A Texas Limited Liability Company
GENERALPARTNER
By:
Robert D.Wunsch-President
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K:UWOSyca wre Trait Ltd-286ONColoniel Properties Trust IMAGREEMENT(park lsnd�wpd
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RU02-26-2005 12:44 CITY OF ROUND ROCK SM187M P.16/30
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Exhibit A
DEVELOPMENT AGREEMENT
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Marion, 180 LY, a Texas Limited Partnership, (hereinafter the "Developer,") 4
p (h oper,"j and the
CITY OF ROUND ROCK, a Texas municipality of the County of Williamson,State of Texas,
(hereinafter the"City,')collectively hereinafter referred to as"the Patties,"do hereby enter into
this Annexation and Development Agreement(hereinafter the"Agree m ont")for the purposes of
providing for an adequate network of water,wastewater and transportation services to serve the
development project described herein,and
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Whereas,Developer is the owner of a 99.52 acre tract of land,hereinafter"the Property,"
as described in Fxlnibtt"A",attached hereto and incorporated herein;and
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Whereas, Developer is in the process of filing an application with the City seeking the
City's consent to the creation of a Mumiaipal Utility District("MUD")on the Property,and 1
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Whereas, the Parties are desirous of assuring that the Property is developed and
adequately provided with water and wastewater service in a timely manner;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the I
Parties hereby agree as follows;
Section 1. Developer Participation
A. Utility Erct ion The City has determined and the Developer adk wledges that #
the existing planned water and wastewater utilities must be extended and sized to f
serve the development of the Property,including a 40 acre school site,as intended
by Developer. In consideration-for the City agreeing to provide water and
wastewater service to the Property, Developer agreca to pay any and all costs
associated with the design and construction of all utility emtendons required to `
service the Property.All on-site utilities shall be conveyed at a future date to the
MUD,which may reimburse Developer for utility cosm t
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B. Tj MXMrtation— Sam bass Road, Developer agrees to dedicate fee simple to
the City, with the recordation of the foal fuel plat, all right-of-way along Sam
Bass Road such that the total width of the right-of--way for Sam Bass Road is one
hundred and twenty feet (120').Additionally,Developer agrees to pay the City,
prior to recordation of the first final plat,Thirty-Seven Thousand, Five Hundred
and No/100 Dollars($37,500.00),acid sum to be utilized as the Developer's pro f
rata share for the installation and eonstr a lion of a traffic signal on Sam Bass
Road.
88S08.doc�/cdc
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ALG-26-2905 12:44 CITY OF ROUND Rbm 5122187097 P,17/M- i
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C, inn $ehrens Parkaay.Developer or the MUD agrees to acquire, on i
behalf of tine City, either as an easemens or in fee simple, as determined by the
City, ,a tract of laud $&om Hyland North Joint Venture, wide eaough to
accommodate the Wdeasion of Behrens Parkway thxough said tract to the 's
Property. Additionally, Developer agrees to acquire a tract of land between the
MUD and Great Oaks Blvd, wide enough to-accommodate, the extension of i
Behrens Parkway through sail tract to Great Oaks Boulevard. Developer agrees
to construct the extension of Behrens Parkway on said tract when any of the
Property abutting said tract is subdivided The construction funds for the Bebrens
Parkway extension,shall be placed into escrow with the City where requested by i
the City.
D. �. Developer shall be responsible for acquiring any and all easennar is
needed to provide transportation or utility service to tike Property, Speci$cally,
Developer or the MUD shall use its best efforts to acquire an easernent from
Highland North Joint Venture, wide enough to acquire-a second waterline to the
MUD. Developer shall be responsible for design and construction of this second
waterline, including all necessary appurtenances, as noon as the easement is
wquimd•
E. iam.&mlicadon The Developer bas filed an application with the City seeking
the City's consent to the creation of a MUD.
F. ftilod Aquisitinn The Developer w1mwleciges that the City's customary fee
for the granting of its consent to the creation of a MUD is eight percent (89/11)of
' the amount of bunds bawl by the MUD.The Developer and the City agree that,
in lieu of said 810A fee,the City will consider accepting approximately 15 acres of
parkland west of Il;35 at a location jointly agreed to by the City and the
Developer, to. be acquired by Developer, the cost of same not to exceed
: $300,000.
(i. 'Gig Station. In the event it wastewater lid station is required to serve any lots
within the MUD,the Developer and/or the MUD will be solely responsible for all
costs related to the constrttatlon,operation and maintenance of said lift station.
H. Pure Protecdon As part of the Coment Agreement, the City will consider
providing fire pmtecdon service to the MUD.
Y, Subdivision Iraq Developer will design and construct the public
subdivision improvements according to all of the City's ordinances and
regulations in existence at the time of permit review. The Subdivision
improvement plans shall be submitted for review and acceptance prior to i
corntructim Construction of infrastructure shall be subject to City inspection.
The City shall wimowledge completion of the subdivision when construction is
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AUG-26-2966 12,-45 CITY OF ROLHD ROCK 5122187997 P.19/M
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complete and has passed all applicable testing. Sidewalks sb ill be installed
pursuant to City regulations prior to occupation of homes within MUD.
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J. Consent Agreement, Developer acknowledges that the Consent Agreement will 4
ever issues that are not addressed in the Agreement:
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K. Wholesale Water.and Wastewater b%—Dd a to MUD.The City agrees to enter into f
a wholesale water and wastewater utility service agreement with the Developer
and/or the MUD on the terms set forth in Bxhibit 'S". This agreement will
include any other standard terms contained in City wholesale water and i
wastewater service contracts that are not a conflict with the terms of Exhibit"A". E
The MUD will provide certain water and wastewater'services within its boundary.
L. jwjA Fees.Developer shall oollect impact fees fium builders and pay to City on
quatterly or monthly basis,as determined by the City.
M. Behrens Parkway.Behrens Parkway Wension funds in the amount of$27,347.00 j
will be escrowed with the City,wheal requested by City.
N. Phur7 Q permits.The City shall not issue building permits nor conduct building }
inspections for homes within the MUD.
4. Notes. The Developer shall provide on all plats those plat notes required by
Wi wnsan County to assign responsibility for the maintenance of all
inirastraowe other than county roads. .
See6z 2. General Provisions }
A. Ami merit.'This Agreement, any part thereof;or any h t vg herein shall not be
assigned by Developer without:the tupress mitten oonsent of the City. �
B. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties.Porbemence or WWgwce by the City sW not constidrte a i
waiver of any covenant or condition to be paAnnod pursuant to tins Agroment.
C_ Venue. Venue of any action brought liereu odor shall be in Williamson County,
Texas. f
D. Third Patty k3e1e$dm ies.For purposes of this Agreetne t,including its intended
operation and eff* the Parties specifically agree that (1)the Agreement only i
affects matteral 'drsputes €
betwe�the Partiroa to this Agteeaaont,and la in no way �
intended by the Patties to benefit or otherwise affect any third person or entity, €
other than Developer's lender,notwithstanding the fact that such third parson or
entities may be in a contractuA relationship with the City or Developer or both, i
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ALr2-2&2M5 12'45 CITY OF ROUND ROCK 5i22187097 P.19i30 i
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and(2)the terms of this Agreement are that intended to release,either by contract
or operation of law,any third person or entity from obllgWons owbtg by them to t
either the City or Developer.
to Act.The Partics each represent and warrant that the sipaWries on
this Agreoment are authorized•to execute this Agreement and bind his/her
principals to the terms and provisions hereof Each party%wraM that am action
required to be taken in order tior this Agreement to be binding on it has been duly i
and properly taken prior to the execution of this Agreement.
F. ti=Mnft of Recitals. The recitals contained at the beginning of this !
Agreement shall be deemed a part of this Agreement and hereby are incorporated
by reference herein. '
CI,. Co Rmraing With the Lar>sl.The covenants contained heroin shall tun with
the lend and bind all successors, heirs and assignoea of the property ow=. In
addition, this Agreenu t s6a11 be filed of record In the Real Propefly Records of
Williamon County,Texas as evidence thereof.
1N WITNESS WFMnoF, the Parties to these presents have exectged this C mract in
two(2)counterparts,each of which shall be deemed an origiAai onthis the IL day of
2005.
CITY OF ROUND ROCK,TEXAS
By.
Merion 100,L.?.
A Texas Limited Partneaship
By: R/R Budon Dunes Company,L.L.C.
a Texas Limited Liability Company,
its Oen nul Partner
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Robert D.Wunsch,President
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PL -26-2005 12 45 CITY OF ROLM ROCK 5122187097 P.20130
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THE STATE OF TEXAS §
§ CITY OF ROUND ROCK
COUNTY OF WUJ IAMSON § ACKNOWLEDGMENT
This hLsummeat was acknowledged before me on thio the_1.1._ dsy of
2005,by NYLE MAXWELL. Mayor of the CITY OF-ROUND ROCK, a Texas murAW4
of the County of Vr&i=wn.State of Texas,on bdW of said municipality
GHFWWRMAMM N /Zubuc in FW to the State ofTex
rn�rwaaron1 . _ 30 I
ADWAM
Notary's Printed Name
;
THE STATE OF TEXAS i
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT E
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Thls insWjm=t was acknowledged before me on this theY day of
2005 by ROBERT D. WUNSCH, President of R/R Bandon Dunes CompoW, L.L.C., a races i
rmited Liability Company,, General Primer of MERTON 100, L.P., a Texas Limited
partnership,on behalf of said company. [
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' Notary Pub' m and for the State of Texas
oxnrr
err vo '�or Notary's Printed Name
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MG-26-2005 12:45 CITY OF ROUND ROCK 5122167097 P.21/30
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EXHIBIT"A"
Field Notes for 99.52 acres
99.52 ACRES FN NO 946
JOB NO.2113-3-322..5454
November 24,2004
JAMES GARLAND WALSH,JR
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DESCRIPTION
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07 A 99M ACRE 'TRACT OR PARCEL OF LAND OUT OF AND PART Of THE
WILLIAM EWCAID SURVEY, ABSTRACT NO. 314 AND THE EPHAIM EVANS
SURVEY,ABS'T'RACT NO.212,SITUATED IN WUAJAMSON COUNTY,TEXAS,AND
HE1NG A PORTION OF THE 184&03 ACRE TRACT CONVEYED TO JAMES
GARLAND WALL RECORDED IN VOLUME 420,PAGE 538,DEED RECORDS OF
W LL,IAMSON COUNTY,'TEXAS,AND A PORTION OF THE FORTY-M AND ONE- j
HALF pRRCZNT INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES
GARLAND WAM, JR., RECORDED IN DOCUMENT NO. 954!005, OF THE
OFFICIAL RECORDS OF W91JAMSON COUNTY, TERAS, AND A, PORTION OF
THE FORTY-SSC AND ON-HALF PERCENT IN"I'FREST IN THT 166.48 ACRE
TRACT CaNVBYED To AVONIA ELIzABETH JAECKS, RECORDED IN
DOCUMENT NO. 9508006, OF TIE OFFICIAL RECORDS OR WII.LIAMSON
COUNTY, TEXAS, AND A PORTION OF THE ONE AND ONE-HALF PERCENT'
INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES GARLAND
WAL,SH, 3R., RECORDED IN DOCUMENT NO. 9618420 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF THE ONE �.
AND ONL-HALF PERCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED
TO AVONIAELIZABETH JA iZCKS+ RECORDED IN DOCUMENT NO. 9618421, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 99.52 ACRE
TRACT BEING ALL OF TRACT A. TRACT B AND TRACT C BEING MORE {
pARTICUALARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT A
BEGINNING,at a 1/2 inch iron rod found at the southeast corner of said 166.48 acre tract and an {
en corner of a 474.91 acre tract conveyed to Hy-Lead North Joint Ventwe.,recorded In Voh= �
639, Page 693, Deed Records of Widllamson County, Texas, same being is the north dine of ;
County Road 175 (Sam 139m Road),for the soudheast Corner hereof,
THENCE, along the south line of said 166.48 we tract and the north line of County Road 175,
the following seven(7)courses and distances:
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1) S87605'32-W. a distance of 104.58 feet to a 1/2 inch iron rod found for an angle point
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PLD-26-2065 12:46 CITY OF ROLND ROCK 5122187097 P.22/30
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2) N87050'52"W, a distance of 275.11 feet to it 1/2 Woh iron rod found for an angle point
hereof;
3) 8881115145"W, a distance of 519.78 feet to a 1/2 inch iron rod found for an angle point
hereof,
4) N89°0$'30"W,a distance of 695.48 feet to a 1/2 inch iron rod with plastic surveyor's cap
(1NTERSTATE SURVEYING,INC.)set for at angle point hereog
FN 946
PAGE TWO
P
y? N570I9'39"W,a dunce of 41.12 feet to a U2 inch trop rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)set for an angle point hereo9 i
6) N53014'50"W,a distance Of 44.64 feat to a calculated point for au angle POW and
dis
7) N71030150"W, a distance of 14.17 feet to a I12 inch iron rod with plastic surveyor's cap {
MMRSTATE SURVEYING,INC.)set for an eagle point hem A
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CNCE,leaving the north line of County Road 175,through said 166.48 sere tract, along tin x
east and north Jim of a proposed 40AI acre tract,the fallowing six(6)courses and distances:
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1) N22'40'37"E,a distance of 1180.78 feet to a 112 inch iron rod with plastic surveyor's cap i
(INTERSTATE SURVEYING,INC.)set fora.point of cmmft=hereof; _
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2) along a curve to the left,having a radius of 800 feet, a delta angle of 0"8'13", a chord
distance of 125.12 L-d(chord bears NIS°11'30"E), an ace distance of 12535 f:et to a 112
Inch iron rod with plastic surveyor's cap (OTIERSTATE SURVEYING,INC) set for an '
angle point hereof»
3) along a curve to the right, having a radius of 800.00 feet, a delta angle of 08'01'54", a
chord distance of 112.05 feet(chord bears N71624'20"'4V),an are distance of 112.14 feet to
a If2 inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set �
for a point,of tangency hereof,
4) N6'PI9'23"W, a distance of 560,04 feet to a 112 inch iron rod with plastic surveyor's cap
.., (INTERSTATE SURVEYING,INC.)set for a point of curvature hereog
5) a1o»g a curve to the left,having a radius of 800.00 feet,a deka angle of 43°43'11",a chord
distance of 595.74 feet(chord bears NW10'58"W),an arc distance of 610.44 feet to a 212 F
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ALri-26-2005 12:46 CITY OF RDLND_ROCK 5122187897 P.23/30
inch Iron rod with plastic surveyor's cap (INTERSTATE SURVEYING,INC,) sec £)r a
point of tangency hereof and
6) S68°S7'26,W, a distance of 585.22 feet to a 112 inch iron rod with plastic mveyor's cap s
(INTERSTATE SURVEYING, INC) set in the west lame of Tract 1 conveyed to Brushy
Creek Mutmic* Utility District, by deed teeorded in Document No. x00401907, of the
pfficW Public Records of Williamson Cowsty,Texa&for an ell corner hereof, I
THENCE,through the said 166.48 acre tract.along tle.west l'me of said Tract 1,N19n757"W,
a distance of 888.29 feet to a 112 indh iron rod with plastic surveyor's cap (Il+�TATE
SURVEYING, INC.) set for the sow corner of Tract 2 of said Brushy Creek Municipal
Utility District deed,for the northwest corner bamt,
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THENCE,through the said 166.48 acre tract,along the south lino of said Tract 2,N69028'27"E,
a distance of 2286.14 fret to a 1/2 inch iron rod with plastic surveyor's cap (INTERSTATE
SURVFYTNa,INC.)sat m the east fine of said 166.48 acre tract and a wast Une of said 474.91
acre tract,for the northeast corner bereof. �
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PAGE THREE }
THENCE, along the east Lina of said 166.48 acre tract and a west line of said 474.91 acre tract,
520033'16"E, a distance of 3150.32 feet to the POINT OF DZGINNING, colnainiiag 99.45
sates of land area,nacre or less,within these metes and'bounds.
TRACT B
COMMENCING,at a in inch iron rod found at the southeast corgi'of said 166.48 acre tract,
and a southwest coma of a 474.91 acre tract conveyed to HY-LAPID North Joint Vcntum In
Volume 639, Page 693, of the Dead ROOM&of Williamson County, Twm& same being in the
north line of Sam Bam Road(County Rd. 175);
THENCE,through said 166.48 acre tract,N85°49'01-W,a distance of 1698.54 feet to a 112 itch
iron Tod with piastle surveyor's cap(INTBRSTATF-SURVEYING,INC.)set for the POINT OF �
BEGURRITIG hereof '
THENCE,through said 166.48 acre tract the iaollowing five(5)courses and distances:
1) along a curve to the right,having a radim of 23.00 feat,a delta angle of$4°18'41",a chord
distance of 33.56 feet (chord bears Sd4049'58"n an arc distance of 36.79 feet to a 112
inch imn rod with plastic mnVoes cap (INTERSTATE SURVEYING, INC.) set of E
reverse cmv=jre hereof.
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2) along a curve to the le$,having a radius of 940.00 feet,a delta angle of 01640'51",a chord j
distance of 27.58 feet(chord begs N7rl016"W), an arc distance of 27.58 feet to a 1/2
inch iron rod with plastic swveyoes cap (DMRSTATE SURVEYING, INC.)set,for an
angle point hereof; .
3) N22640137"E, a distance of 53.80 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)set,for Sn ell comer hereof;
4) SM9'23"E, a-distance of 50.00 feet to a 112 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)sat,fot an ell comes hereof,and
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5) S2740'37"W, a distance of 26.59 feet to the POINT OF BEGINNING,containing 0.06
acres(2476 square fleet)of land area,more or less,within these metes and bounds.
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COMMENCING,at a 1/2 inch iron rod found at the southeast comer of said 166.48 acre tract,
and a southwest corner of a 474.91 acre tract comAeyed to HY--LAND North Jaast Venture, in
Vohnme 639, Page 693, of the Deed Records of Williamson County, Tares, same being in the
north line of Sam Bass Road(County R(L 175);
THENCE, along the common line of said 166.48 acre tract and said 474.91 acre u ct, �
MW33'16"W, a dktrmw of 3150.32 Axt to a 112 inch iron rod with plastic surveyor's cap t
(I TrWTATE SURVEYING,INC.)set for the southeast corner of tract 2 conveyed to Brushy I
Creek Mtmkipal UtHity District,by deed recorded in Doc=ent No.2004019077,of the Official
FN 946
PAGE FOUR
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Public Records of Williamson Courtly,Texas,for to ell corner hereog
THENCE,through said 166.48 we tract, song the south Tine of said Tract 2, S69%'2M a �
distance of 2286.14 feet to a 1/2 inch Iron rod with plastic BurveYor's Cap (INTERSTA'T`E
SURVEYING, INC.) set in the east line of Tract 1 of said Brusby Creek Municipal Utility
District deed,for an e11 corner bereog
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THENCE, through said 166.48 acre tract, along the east line of said.Tract 1, S19037'57'�', a j
distance of 920.80 feet to it 1/2 inch iron rod with plastic Mwayor's cap (INTERSTATE
SURVEYING,INC.)set for the POINT OF BEGReMG, for the northwest corner hereof,
THENCT,through said 166.48 care tract the following three(3)courses and distaacas: s
1) N68°5726'x, a distance of 25.01 feat to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)set for the northeast corner he reog �
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AUG-26-2005 12:47 CITY OF ROUND ROCK 512218'7037 P.25/30
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2) S19-37'ST'E, a distaxe of 25.01 &xt to a In inch iron rod with plastic surveyor's cap j
. (INTERSTATE SURVEYING,INC.)sot for the southeast corner bereoii and
3) S68057'26"W, a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.).set in the east line of Said Tract 1 for the sou&west i
corner hamf; ;
TazNCE,through said 166AS acre tract, abng the east lute of said Tract 1,1419°37'57"W, a
dime of 25.01 feet to the POINT OF BEGINNING, containing 0.01 acnes(625 square feet) E
of land area,more or less,within these metes and bounds.
Tract A (99.45 acres) with Tract B (0.06 acres) and Tract C (0.01 acres) contains 99.52 acres
(4,332,167 square feet)of IA9d area,more or less,within these metes and bO=&
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STATE OF T1r3CAS $
KNOW ALL BY THFSE PRESM TS §
COUNTY OF WnU MSON §
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THAT 1,BLAINE J.MII•LM, A REGISTERED PROFESSIONAL LAND SURVEYOR,DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS I
DETBRMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION,
WTINESS MY HAND AND'SEAL AT AUSTIN, W[LUAMSON COUNTY, TEXAS THIS 24th DAY
OF NOVEMBER,2004 A.D.
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BLAINE J.M ISR.R.P.L.S. �
STATE OF TEXAS NO-5121
IId'ws TATE SURVEYING,INC.
13740 N.HWY 1$3,BLDG.L-4
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AUG-26-2005 12:47 CITY OF ROUND ROCK 5122187097 P.26i30
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Terms of Wholesale Water and 'Wastewater Utility Services to MUD
1, The City will provide wholesale water and wastewater utility services to the F
MUD, sufficient to serve the land within the MUD, for cost of service wholesale water and
wastewater utility rates. These rates may be reviewed and adjusted by the City amwWly,based f
on a cost of service study performed by the City. The City shall be entitled to include a ?
reasomabla rate of return in the utility rates. I
2. The City will provide potable water-uneetbg the standards of the Tees i
Commissioner on$nvimnmsentai Quality for hmman aonsunvtion and other domestic uses, and
will Deceive, treat and dispose of all sewage generated by customers within the MUD. The City E
will maintain an adequate water supply and adequate vastOwater treatlT it cVac ty at all tinm j
to serve the customers within the MUD at the same level these services are provided within the 1
City. The City may limit servioe to the MUD in the same maattor and to the same extent that
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service is limited inside the City limits. If them is a Water shortage,the supply of water to the
MUD may be reduced or diminished in the same proportions as water supply is reduced or
diminished within the City's corporate limits. ,
3. All water delivered to the MUD will be measured by a master meter installed at
an agreed upon point of delivery. The MUD will be responsible for hMallat n and Mahanance
of the master metering equipment and related facilides that serve the MUD at its own expeme,
and will call Lute its master meter every 12 months,or more$equontly upon request of the City;
however,the cost of the calibration will be borne by thx City if tequuested more frequently than L
once every f2 months. r
ry 4. The MUD will impose and enforce,at all coj
m>tumuuuu, asenr4tiOul measures
and �
use restrictions imposed by the Cita on fts Own customers wish the Chy. �
5. Upon the payment of applicable City water and wastewater impact Peas, the
MUD will have a guaranteed reservation and commitment of capacity in the City's water and
wastewater utility systems for the amount of capacity for which these fees have been paid. �
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AUG-26--2095 12:47 CITY OF ROUND ROCK 5122187097 P.27/30
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AUG-26-2005 12:40 CITY OF ROUND ROCK 5122187097 P.02/30
RESOLUTION NO. R-054)8-11-11B2
Exhibit 8
WHEREAS; Merion 100, L.P. ("Developer") is in the process of r
filing an application with the city of Round Rock ("City") seeking the
City,s consent ,to the creation of a Municipal Utility District on I
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property owned by the Developer, and
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WHEREAS, the City and Developer desire to enter into a
Development Agreement. to assure that the property is developed and
adequately provided with water and wastewater service in a timely
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manner, Now Therefore s
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, f
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That the Mayor is hereby authorized and directed. to execute on
behalf of the city a Development Agreement with Marion 100, L.P. , a
copy of same being attached hereto as Exhibit "A" and incorporated ;
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herein for all purposes. {
The City Council hereby finds and declares that written notice of I
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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 diocussed, considered and formally acted
upon, all as required by the open Meetinge Act, Chapter 551, Texas
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Government Code, as amended. J
RESOLVED thin lith day of August, 2005. }
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Cit lto" Rock, Texas
jjA4Ts
C 1" ITT NE R. IWTMS, City secre ry
NlDreltEaP� .Od01/11oaLOC7[/ofhmOt/lpOiR'Y/p0�11�.MD/se i �
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C/t.HIBIT � Office: 512-443-1724
rrAAAFax.512-441-6987
6li Professional Land Surveying, Inc.
Surveying and Mapping 2807 Menchaca Road I
Building One
Austin, Texas 78704 i
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91.223 ACRE SITE
P. A. HOLDER SURVEY N0. 9
A DESCRIPTION OF 11.223 ACRES OUT OF THE P.A. HOLDER SURVEY NO.
9, ABSTRACT 297 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
AN 11.86 ACRE TRACT DESCRIBED IN A WARRANTY DEED FROM LAMBERT i.
PETERSON, AS INDEPENDENT EXECUTOR OF THE ESTATE OF CARL
ELMER JOHNSON, DECEASED, TO BLANCHE V. JOHNSON DATED AUGUST,
1977, RECORDED IN VOLUME 681, PAGE 894, ..DEED RECORDS OF
WILLIAMSON 'COUNTY, TEXAS; SAID 11.223 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at calculated point for the northeast comer of the herein described
tract of land, being in the east'line of the said 11.86 acre tract, being also in the '
apparent southeast right-of-way line of the Missouri Pack Railroad (200'
right-of-way), described in a deed of.record in Volume 17, Page 620 of the Deed
Records of Williamson County, Texas, from which a 1/2" rebar found at the
northwest comer of a 6.591 acre tract described in a Special Warranty Deed With
Vendor's Lien to Sycamore Trail, Ltd. dated January 18, 2001 and recorded under
Document No: 2001007251 of the Official Public Records of Williamson County, I
Texas, .bears.South 2°21'.54" East, a distance of 0.69-feet, and from said-point of 1
beginning the approximate centerline of the "Main Track" of the railroad (the
northerly'track), as described in said Document No. 2001007251, bears North
19°16'05"West, a distance of 100.00 feet,
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THENCE departing the southeast right-of-way line of the railroad, South 222'07' r
East, along the common line of the said 11.86 acre tract and the said 6.591 acre
tract, at a distance of 387.70 passing a 112" Iron pipe found, and continuing.for a
total distance of 423.25 feet to a calculated point in the-approximate centerline of I
Lake Creek, being in the northwest line of a 5.29 acre tract of land described In a
Warranty Deed to Helen W. Walker dated August 19, 1977 and recorded in Volume
680, Page 182 of the Deed Records of Williamson County, Texas;
THENCE with the approximated centerline of Lake Creek, being the southeast line
of the 11.86 acre tract, and being in part the northwest line of the said 5.29 acre
tract, and in part the northwest line of a 5.00 acre tract described in a General i
Warranty Deed to George W. Vance and spouse, Jeanne G. Vance, dated July 15,
1996 and recorded under Document No. 9637349 of the- Official Records of
Williamson County, Texas, the following twenty-three (23) courses:
1. North 8452'14" West, a distance of 14.20 feet to a calculated point;
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Page 2 of 3
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2. South 71*50'11"•West, a distance of 43.20 feet to a calculated point;
3. South 58050'05"West, a distance of 46.55 feet to a calculated point; f
4. South 39041'54"West, a distance of 36.09 feet to a calculated point;
5. South 17°20'52"West, a distance of 44.65 feet to a calculated point;
6. South 21°26'05"West, a distance of 37.36 feet to a calculated.point;
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7. South 1'31'48*West, a distance of 53.42 feet to a calculated point;
8. South 2057'35" East, a distance of 53.25 feet to a calculated point;
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9. South 130.11'28"West, a distance of 52.15 feet to a calculated point;
10.South 4°54'42"West, a distance of 11.44 feet to a calculated point;
11.South 53°53'5T West, a distance of 10.10 feet to a calculated point;
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12.South 69056'40"Westu.a distance.of 38.64 feet.to.a calculated.point;
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13.South.64°2629"West, a distance of 37.61-feet to a calculated point;
14.South 66°37'57" West, a distance of 76.93 feet to a calculated paint;
15.South 64°16'25" West, a distance of 88.56 feetto a.calcuiated point-,
16.South 63°15'59"West, a distance of 82.24 feet to a calculated point;
17.South 11°56'54"West, a distance of 19.07 feet to a calculated point;
18.South 54`28'21"West, a.distance of 71.58 feet to a calculated point;
19.South 81°48'19"West, a distance of 30.02 feet to a calculated point;
20.South 63001'32"West, a distance of 15.23 feet to a calculated point;
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21.South 67"30'23"West, a distance of 38.45 feet to a calculated point;
22.South 64°08'02"West, a distance of 41.65 feet to a calculated point;
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Page 3 of 3norm '
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23.South 67°33'41" West, a distance of 43.36 feet to a calculated point at the r
northwest corner of the said 5.00 acre tract, being at the southwest comer of j
the 11.86 acre tract, being alsq at the northeast corner of another 5.00 acre
tract described in a Warranty Deed With Vendor's Lien to Laura L. Bagherl
dated July 16, 1992 and recorded in Volume 2166, Page 833 of the Deed
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Records of Williamson County,Texas, and being also.a the southeast corner i
of a 9.976 acre tract described in a Warranty Deed to the City of Round Rock i
dated June 21, 1998 and recorded under Document No. 9903347 of the I
Official Records of Williamson County, Texas;
THENCE North 9009'44" West, along the common line of the 11.86 acre tract and
the said 9.976 acre tract, at a distance of 253.58 feet passing a 1' iron pipe found,
at a distance of 308.86 feet passing a 1/2" rebar found, and continuing for a total
distance of 733.21 feet to a 1/2" -rebar with cap set in the apparent southeast
right-of-way line of the said railroad from which a 1/2" rebar found at the northeast
comer of the said 9.976 acre tract bears North 9°09'44" West, a distance of 35.51
feet; ;
THENCE North 70°43'55" East, over and across the 11.86 acre tract, 100 feet from
and parallel to the approximate centerline of the "Main Track" of the railroad, as j
described in Dooument.No. 2001007251, a .distance of 822.7.3.feet to the.P.D.INT i
OF BEGINNING, containing 11.223 acres of land, more or less. j
Surveyed on the ground in November 2002. Bearing Basis: Grid Azimuth for Texas
Central Zone, 1983/93 HARN values from LCRA control network Attachments: f
Drawing 014-126-T4.
OF
Robert C. Watts, Jr.
Registered Professional Land Surveyor •• ••••••»•••••••••.»».
State of Texas No. 4995 ETT
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DATE: July 5, 2007
SUBJECT: City Council Meeting - July 12, 2007
ITEM: 11D2. Consider a resolution authorizing the Mayor to execute an agreement
amending the Development Agreement between the City of Round Rock
and Merion 100, L.P.
Department: Administration
Staff Person: Jim Nuse, City Manager
,justification:
This agreement amends the Development Agreement concerning Merion's obligation to convey
to the City a tract of land to be used for parkland. Sycamore has agreed to convey to the City
part of its land to satisfy Merion's parkland obligation.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Bob Wunsch (Merion 100, L.P.)
Background Information:
The Developer (Merion 100, L.P.), Sycamore Trail, Ltd. and the City entered into a
Development Agreement on August 11, 2005 to provide a network of water, wastewater and
transportation services to serve the 99.52-acre tract owned by Merion. Section 1.F of the
Agreement states that Merion is obligated to convey to the City a tract of land to be used by
the City for parkland.
Public Comment: N/A
EXEC ED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
§ AGREEMENT
COUNTY OF WILLIAMSON §
I
This Agreement is between MERION 100,L.P.,a Texas limited partnership("Merton"or
"Developer') and the CITY OF ROUND ROCK, a Texas municipality of the County of
Williamson, State of Texas (the "City"), and SYCAMORE TRAIL, LTD., a Texas limited
partnership("Sycamore').
WHEREAS, Developer and the City entered into a certain Development Agreement{the f
"Agreement"} for the purposes of providing an adequate network of water, wastewater and
transportation services to serve that certain 99.52 acre tract of land owned by Merton,which is more
particularly described on Exhibit A attached to the Agreement. The Agreement is dated on or about
August 11, 2005, and a true and correct copy is attached hereto as Eahibil A. The City was
al>thprized to enter into the Agreement by Resolution No.R-05-08-1 1-1 1132,dated August 11,2005, '
a true and correct copy of which is attached hereto as Exhibit B.
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WHEREAS,in Section 1.17 ofthe Agreement Merion is obligated to convey to the City a tract
of land to be used by the City for parkland.
WHEREAS,Merion has requested that Sycamore convey to the City part of Sycamore's land
in satisfaction of Merion's parkland obligation,and Sycamore hereby agrees to do so.
NOW,THEREFORE,the parties agree to the following:
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1. Amendmgnt of Development Agreement. Merion and the City agree that Section 3
1.F of the Development Agreement is deleted in its entirety and replaced with the
following: !
F. Parkland Acquisition. The Developer acknowledges that the City's
customary fee for the granting of its consent to the creation of a MUD is eight
percent(8%)of the amount of bonds issued by the MUD. The Developer and
the City agree that,in lieu of said eight percent(8%)fee,the City will accept
that certain 11.223 acre tract of land described on Exhibit C attached hereto.
This tract of land will be conveyed to the City by Sycamore Trail, Ltd.,by
Special Warranty Deed,free and clear of all liens;said Deed to be executed
and delivered by Sycamore Trail,Ltd.to the City on or before September 1,
2007.
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2. Consideration. In consideration for Sycamore's conveyance of the land described
on Exhibit C to the City, Merion will pay to Sycamore a good and valuable 1
consideration as set out in a separate agreement between Sycamore and Merion of
even date herewith. r
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K:UWOSycam m Trail Ltd28601Colmial Properties Trust AAAGRE bOW(park land).wpd =-
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3. No Wher Amendment. Except as set forth herein, the Development Agreement f
remains in full and effect and unmodified.
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Signed this day of 2007.
CITY OF ROUND ROCK,TEXAS
BY:
1,Mayor PRO-T6m
Ac,Rnl rncGkAc cT
MERION 100,L.P.
A Texas Limited Partnership
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BY: R/R Bandon Dunes Company,LLC
A Texas Limited Liability Company
General Partner I
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By. 3
Robert D.Wunsch-President
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SYCAMORE TRAIL,LTD. s
A Texas Limited Partnership
1.
BY: Ashton Oaks,L.L.C.
A Texas Limited Liability Company
GENERAL PARTNER
k.
By:
Robert D.Wunsch-President
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KMWOSycsmoro Trail Ltd-28601CoWial Properties Trust AMAGREEME"park laW).wpd
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3. No her Amendment. Except as set forth herein,the DeveIopment Ag
reement
remains m full and effect and unmodified.
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Signed this day f 2407.
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CITY OF ROUND ROCK,TEXAS
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BY:
elf,Mayor
ALgN�'ICGi2A�W
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MERION 100,L.P.
A Texas Limited Partnership
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BY: R/R Bandon Dunes Company,LLC }
A Texas Limited Liability Company
General Partner
By:
Robert D.Wunsch-President
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SYCAMORE TRAIL,LTD.
A Texas Limited Partnership
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BY: Ashton Oaks,L.L.C.
A Texas Limited Liability Company
GENERAL PARTNER
By:
Robert D.Wunsch-President
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Y- WCisycamora Trail Ltd-26601Colonial Properties Trust .IAAGREEMENT(padk land).wpd ;
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AWT-26-2005 12 44 CITY OF ROUND ROCK 5f22187097 P.16/30
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.,a^
Exhibit A
DEVELOPMENT AGREEMENT i
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Merion 180, L.P, a Texas Limited Partnership, thereinafter the "Developer,') and the
CM Op ROUND ROCK, a Texas mudcodity of the County of Williamson,Stato ofUms,
(herimatker the"City.")collectively hereinafter referred to as"the Parties,"do hereby enter into
this Annexation and Development Agreement Qnrainafter the"Agreement")for the purposes of s
providing for an adequate network of water,Wastewater and transportation services to serve the
development project described herein,and
Whereas,Developer is the owner of a 9952 acre tract of land,hereinafter"the Property,"
as described in mit"A",attached hereto and incorporated herein;and
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Whereas, Developer is in the process of filing an application with the City seeking the
City's consent to the creation of a Municipal Utility District("MUD')on the Property,and #
Whereas, the Parties are desirous of assuring that the Property is developed and
adequately provided with water and wastewater service in a timely manner;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the f
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Parties hereby agree as fellows;
Section 1. Developer Participation
A. lih itYExt The City has determined and the Developer acknowledges that
the existing planned water and wastewater utilities must be extended and sized to
serve the development of the Property,including a 40 acre school site,as intended ,
by Developer. lir consideration-for the City agreeing to provide water and �
wastewater•service to the Property, Developer agrees to pay any and all costs
associated with the design acrd oonstrndion of all utility extensions required to
service the Property.All on-site utilities shall be conveyed at s future data to the
MM,which may reimburse Developer for Utility c osti. k
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B. Tran , oa—Sam Bass Road. Developer agrees to dedicate in fee simple to
the City, with the recordation of the AM final plat, all right-of-way along Sam
Bass Road such that the total width of the right-of--way for Sam Bass Road is one
ImAted and twenty feet(1201).Additionally, Developer agrees to pay the City,
prior to moordation of the Scat final plat,Thirty-Seven Thousand, Five Hundred
and No/100 Dollars($37,;(0.00),said sum to be utilized as the Developer's pro
rata share for the instillation and construction of a traffic signal on Sam Bass
Road `
S85oH.doc;4�cda
Qr06-011-JJ19�,,, �
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X26-20 5 12 44 CITY OF ROUND ROCK 5122187097 P,17/3
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C. T ,rtation Behrens parkway.Developer or the MUD agrees to acquire, on
behalf of the City, either as an eesem It or m fee simple, as determined by the
City, a tract of land ftm, Hyland North Joint Venture, wide enough to
accommodate the wdension of Behrens Parkway thmugh said tract to the
property. Additionally,Developer agrees to acquire a tract of land between the
MUD and Great Oaks Blvd. wide enough to•accommodate the extcosion of i
Behr.Parkway through said tract to Great Oaks Boulevard. Developer agrees `
to construct the extension of Behrens Parkway on said tract when any of the
property abutting said tract is subdivided.The construction funds for the Behrens
parkway extension,shall be placed into escrow with the City where requested by €
the City. l
Deveto shall be responsible f
D. or acquiring any and all easements '
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needed to provide transportation or Utility service to the Property. Speeffkally,
Developer or the MUD shall use its best effiarts to acquire an easement from
Higifland North Joint Vesmue, We enough to aegtdra"a second waterline to the €
mble for design cad conAM0don of this second
' MUD. Developer shall be respo t
waterline, including all necessary appurtenances, as 50OU as the 000went is
acquired.
B. h fiM 6 Rlic�n The Developer has filed an application with the City seeking
the City's consent to the creation of a N=-
F. pWland AMuiftn The Developer acknowledges that the City's Customary fee
for the granting of its consent to the creation of a MUD is eight percent (S°/.)of
the amount of bonds issued by the MUD.The Developer and the City agree that, j
in lieu of said 80A bee,the City will consider aaxpting approximately 15 acres of
parkland west of IH-35 at a locution jointly agreed to by the City and the
Devalaper, to be acquired by Developer, the cost of same not to exceed t
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$300,000.
C}. Lift stWA in the event a wastewater lift station is required to serve any IM ,
within the MUD,the DMloper andlor the MUD will be solely responsible for all
costs related to the cW,operation and maintenance of acid lift station.
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H. Elm Protecdon As part of the Consent Agent, the City will consider
providing fire protection service to the MUD. #
I, Subdivision Int» Developer will design and construct the public
subdivision icmpmvemew., according to a!1 of tit+ City's ordinarm and
regulations in existence at flee time of permit review. The Subdivision
Improvement plans shall be submitted for review and acceptance prior to
construction. Construction of in$aszructure shall be subject to City inspection
The City shall w3mowledge cotmletion of the subdivision when construction is
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AUG-26-2905 12,45 CITY 00 FDJND ROCK 5122187097 PAS/30
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complete and has passed all applicable testing Sidewalks shall be installed
pursuant to City regulations prior to occupafion of homes wifhin MUD.
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I Consent Aereement. Developer acknowledges that the Consent Agreement will
cover issues that are not Addressed in the Agreement
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K. Wholesale BAWSW W ewatsr Service to MUD.The City agrees to enter into
a wholesale water and wastewater utility service agreement with the Derveloper
and/or the MUD on the terms sat forth in Bxlubit 'W. This agmeme.nt will
include any other standard twins contained in City wholesale water and
W astewater service contracts that are not a conf Hot with the terms of Exhibit"A'
The;MUD will provide certain water and wastewatet services within its boundary.
L. j=9 Few.Developer shall collect fmpaot fees from binders and pay to City on
quatterly or monthly bests,as datesmined by the City.
M. Mr'ens Paricwav Bean- n,9 Pwkway extension funds in the amount of$27,347.00 �
will be escrowtd with the City,when requested by City. 4
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N. ftl&g permits.The City shall not issue budding permits nos conduct building i
laspections for homes within the MUD.
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O. PlatNotm The Developer shall provide on all plats those plat notes requited by
Williamson County to usign respor sibiiity for the mainte snoe of all
infrastrac re other than county roads.
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S"Aam 2. General Provisions
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A. Asd Tbis Agreement any put d=eog or any interest herein shall not be �
assigned by Developer without the express written wasent of the City,
B. Waiver. No covenct or condition of this Agreement may be waived without �
consent of the Parties.Porbearancet or indultam by tate City dial/not c onstit ae a �
waiver of any covenant or condition to be pfti mtod parstrant to this Agremnw, `
C. Venae. Vanue of any action brought liereunder shall be In Williamson County,
Texas.
D. .ftg& les.For pinposes of this Apument,including its intended
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operation and effiect, the Parties specifically agree that (1) rho Agreement only
affects mattersJdisptrtes between the Parties to titin Agreement,and is in no way
intwded by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's leader,notwithstanding the fact that snob third parson or l
entities may be in a contractual ralatlonship with the City or Developer or both;
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ALS-26-2005 12 45 CITY OF RMW MOCK 5122187097 P.19/30
end(2)the tames of this Agreement are;toot intended to release,either by contract
or ope radon of law,any third person or ettt3ty from obligations owing by tbsm to I
ekber the City or Developer.
g, qty to Act.The Panics eaa_h regr and warrant that the sigcatorks on
this pgreemaat ere wAhOrized to execute this Agreement rend bind his/her
�to the terms and provisions hereof Each party warrants that eM Action
required to be taken in order for this Agreement to be binding on It has been duly
sand.properly taken prior to the execution of this Agra mc*.
F. iia of Recitals. The recitals cod ed at the be&Wmg of Us
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Amt shaU be deemed a part of this Agreement and hereby are incorporated
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by refereewe bene
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G. Cgn2at
A theThe covensats comained berein sl�sll run with
the laid and bind all snccxNOM hdrs and zm*noes of the property awnar. In ;.
addition, this Agreement sbaU be filed of record In the Real Property Records of j
VIM==County.Tem as evidence thereof
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IN VATNESS VAMEOF, the Partial to these presonts live exac�}ted this C ntract in
two(2)cots,each of wblch shalt be deemed an ori&d on this the•(L.!!__day o� 1,
2005.
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CITY OF ROUND ROCK,TEXAS
By'
Mexion 100,L.P.
A Tom Limited Partnership
By: RFK.Bandon Dunes Cnmp60y,L.L.C.
a Texas Linaed Liabft Company,
its CmUral Partner
r Robert D.Wuoscb,Prewelat �
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ALrx-26--2005 12:45 CITY OF RflIW Ad& 5122187097 P.20/30
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THE STATE OF TEXAS § CITY OF ROUND ROCK
COUNTY OF WILLZAMSON g AcxNows.IMENT
This htnmmt was ackwwiedged before me on this the 112 &Y of F
2005,by KYLE MAXWELL,Mayor of the CITY QF ROUND ROCK, a Texas ipality
of the CountY of Williamson.State of Texas,on of said municipality.
ceR wwrwaz N Public in and fo the State"Tem
Notary's Printed Nemo
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THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT r
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This horum at was acknowledged before me on this the J day of E
2oo5 by ROBERT D. WUNSCI3, PrWdent of RJR Bandon Domes ComP=Y, L.L.C., a eras ;
Limited Ekbibty Company, om me Partner of l4iER oN 100, L.P., a Texas tanked �
perpoto Wp,on behalf of Bald compsary.
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Notarypub' m am for the State of Texas
gar oo
J*iK=? $ Notes Prmrd Name
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RZ-26-2005 12-'45 CITY OF ROUND k& 5122157097 P.21/N t
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EXBIBIT"A"
Field Notes for 99.52 acres
S
99.52 ACRES FN NO 946
November
JAS GARLAND WALSH,JR. 2.54
ME
JOB NO.21"13-s-32.54
DESCRIPTION �
SZ ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE
OFA
WILLIAM KINCAID SURVEY, ABS"1'Il1ACT NO. 374 AND THE EPRALM EVANS
SURVEY,ABSTRACT NO.212,SITUATED IIsi WUAJAMSON COUNTY,TEXAS,AND
BEING A PORTION OF TBE 184$.03 ACRE TRACT CONVEYED TO JAMES
GARLAND WAI.39,RECORDED IN VOLUME 424,PAGE M DEED RECORDS OF
VA LLJAMSON COUNTY,TEXAS,AND A PORTION OF THE FORTY-M AND ONE- I
HALF PRRCENT INTEREST IN THE 166.48 ACRE TRACT CONVEYED TO JAMES
GARLAND WALSH, JR., RECORDED IN DOCUMENT NO. 95+05, OF THE E
OFFICIAL RECORDS OF WB.LIAMSON COUNTY, TxxA% AND A PORTION OF
�-Inx 16&48 C
TE FORTY-= AND ONAVONTA E-HALFPERCENT CORDEDIN
TRACT C0NVZY`ZD
DOCUMENT ENT NO. 95080x6, OF THE OFFICIAL RECORDS OF @V7[I.t.L1MS0N
COUNTY, , p1 A PORTION OF THE ONE AND ON&HALF PERCENT•
IlN1'ER7CST IN F, ED IN DOCUMENT N 196 8420 OF THE OMCIALD
WALSH, aR.,
RECORDS OF WMLL4 MISON COUNTY, TEXAS, AND A PORTION OF THE ONE
AND ONE-E[ALF PERCENT INTEREST IN THE 166.A8 ACRE TRACT CONVEYED T..
TO AVONIA ELIZABETH JAECKS, RECORDZA IN DOCUMENT NO. 9618421, OF
TgE OFFICIAL RECORDS Tg�j���iNTCOUNTY,
B AND TRACT BEING MORE
TRACT BEING ALL ,
PAR't'YC'tIALARLY DESCAMED BY MITES AND BOUNDS AS FOLLOWS:
TRACT A
BEGINNING,at a 1R inch iron rod found at the southeast corner of said 166.48 acre tract and an !
ell corner of a 474.91 aero we coavayed to Hy-Land North Joint Venture,recorded 1n Vohme
639, Page 693, Decd Records of Williamson Courdjy Texas, same being in the north line of
County Road 175(Sara Bass Road),for the sow corner hereof,
THENM Siong the south lisle of said 166.48 acre tract and the north line of County Road 175,
the foiiowing seven(7)courses and distances: E
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1) S87'05'32"W. a dist=a of 104.59 feet to a 112 inch iron roti found for an angle point
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AUG-26-2005 12 46 CITY OF ROLW Rg(X 512218709? P.22/30
. . here0ty .
2) N871-50'52"W, a distance of 275.11 feet to 4 112 inch iron rod found for an angle point
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hereof;
3) SW1514M, a distance of 519.78 feet to a 1/2 inch iron rod found for an angle point
hereof,
1
4) N89°OS'30"W:a digw=of 695-48 feet to a 1/2 inch iron rod with plastic surveyor's cap
NATE SURVEYING,INC.)set for an angle point hereof;
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FN 946
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PAGE TWO
5) N57019139"W,a distance of 41.12 feet to a 112 inch boA rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)set for an a n&point hrreo$
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6) N53°1410"W,a distance of 44.64 feet to a c dmdaW point for an angle point hereof:and
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7) N71030150"W, a distance of 14.17 feet to a 112 inch iron rod with plastic surveyor's cap
MMRSTATB SURVEYING,INC.)set far an angle point hereof,
THOCE, leaving the north line of County Road 175,through said 166.48 acre tract,along the
MA and north lira of a proposed 40.41 acre tract,the fbllowing six(6)courses and&stances: �
1) N22440'3T'E,a distance of 1180.78 feet to a 112 inch kon rod with plastic survapes cap
(INTERSTATE SURVEYING,INC.)Set for a point Ofcurvat=hereof;
2) along a curve to the 14 having a radius of 800 feet, a delta 5*e of 08058"13",
a chord
distance of 125.12 flet(chord bears N18°1 l'30"E), an arc distc'e of 125.25 feat to a 112 �
Inch iron rod with plastic surveyor's cap (OnERSTATE SURVEYING,INC) set far an
mqft lobt hmwA
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3) eloag a curve to the right, having a radius of 800.00 feet, a delta angle of 08°01'54", a
chord dunce of 112.05 feet(chord beers N71°20'20"'4V} as arc distance of 112.14 feet to
a 1/2 inch iron rod with Plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set
for a point,of to ay hereog
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4) N67019123"W, a distance of 560.04 feet to a 1/2 inch iron rod with plastic surveyor's cap i
(INTERSTATE SURVEYING,INC.)set for a point of curvature bereog
5) along a curve to the left,having a radius of 8M.00 feet,a deft angle of 43°43'11",a chord
distance of 595.74 feet(chord bores N89°10'58"W),an arc distance of 610.44 fleet W a 112
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RLJG-26-2005 12:46 C I TY OF RAID_ROCK 5122187097 P.23/30
inch Iron rod whh plastic surveyor's cap MTTERSTATE SURVEYING, INC) set for a
pohn of tsngemy hereof;and
6) S68°57'267W, a dbtance of 585.22 feet to a 1/2 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC) set in the west laze of Tract 1 conveyed to Brushy I
Creek MwiiC* Utility District, by deed recorded in Document No. 200401907, of the
Ofl eW Public Records of Wr7liamson County,Texas,for an eII corner herev
THENCE,through the said 166.48 acre tract.along the wcst line of said Tract 1,NM7157"W, �
a djgtance of 888.29 feet to a Irl inrlr iron tod with plastic szrrveYor's cap (IlV'I'ERS'TATE
SURVEYING, INC.) set for the sow corner of TYact 2 of said Brushy Creek Municipal
qty D#stzict deed,for the northwest corner l amt.
THENCE,through the said 166.48 acre tract,along the south lira of said Tract 2,N69028'27"E, ;
a distazzoo of 2286.14 fret to a 112 inch iron rod with pkaic surveyor's W M4TERSTATE
SURVEYING,INC.)set in the east fine of said 166.48 nate tract and a wast titre of said 474.91 �
acre tract,for the northeast corner bmnofi
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FN 946 E
PAGE THREE
THENCE, along the east lice of said 166.48 acre tract and a west lima of said 474.91 we tract,
82M3'16"E, a dbtance of 315032 feet to tate POINT OF BEGINNING, containing 99.45 $
was of land area,more or leas,wfthm ftw metes and bounds. �
TRACT B
COMMZNCING,at a 1/2 hwh iron rod found at the southeast comae'of said 166.48 we tract, �
and a southwest mer of a 474.91 acre tract Conveyed to HY LAND North Joint Venture, let `
Vobm 639,Page 693, of the Dead Records of Williamson Cauaty, Texas, same beiztg in the
north fine of Sam Bans Road(County Rd. 175); �
THENCE,,,through said 166.48 acre trust,N85°49'01"W,a distance of 1688.54 kat to a 112 bch
iron rod with P%W c sm veYorIs cap(1 TrMWAT'E SURVEYING,INC.)met icor the POINT OF
BEGINNING harsof; j
TE EIS M through said 166.48 acre tract the following five(5)courses and distances:
1) along a curve to the right,b avWg a radius of 25.00 feet,a della angle of 9491841",a ohord
distance of 33.56 feet (chord beats 964049'58"n an arc drstaztce of 36.79 feat to a 1/2 �.
inch iron rod with plastic surveyor's cap (INTERSTATE SURVEYING, INC.) set of 1
reverse ctav d=hereof,
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AUG-26-2005 1246 CITY OF ROLMD ROCK SIMS'? ? P.24/30
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} 2) along a curve to the lot having it r4us of 940.00 fact,a delta angle of 01°40'51",a cWrd
distam of 27.58 ftet:(chord bears NPZ°10'16"W), an arc &M= of 27.58 feet to a 1/?
inch iron rod with plastic mveyoes cap(INTERSTATE SURVEYING, INC.)set, for an
angle point bereot .
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3) N7.2°40'37"E, a distance of 53.80 feet to a 112 inch iron rod with plastic surveyor's cap
(Il rrMTATE SURVEYING,INC.)set,for an ell coma hereof;
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4) S67°19'23"E, a-distance of 50.00 tint to a 112 Inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)act,for an ell corner hereof,and
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5) S2r40'3T'W,a distance of 26.59 fact to the POINT OR BEGEVMG,containing 0,06
acres(2476 square feet)of hunt area,more or less,within these mates and bounds.
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TRACTc i
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COMMENCING,at a 112 inch iron rod found at the southewt comer of said 166.48 acre tract,
Md a southwest corer of a 474.91 acre twat conveyed to HY-LAND North Joint Vesture, in f
Vohume 639, Page 6%, of the Deed Records of Williamson County, Tares, same being in the
S
north Linc of Sam Bass Road(County Rd. 175);
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THENCE, along the common line of said 166.48 acre bad and said 47491 sore tract, �
MM3116"W. a distamec of 3150.32 #bet to a 112 inoh ikon rod with plastic surveyar's cap i
(INTERSTATE SURVEYING,INC.)set for the southeast comer of Tract 2 conveyed to Brushy
Crack
,CMuni cipal Ut'Hiy District,by deed recorded in Doowneat No.2004019077,of the ficial s
FM 946 t
PAGE FOUR
4
Public Records of Wiilimson County,Touts,for an ell corner hereof;
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THENCE,through said 166.48 acre tract,along the south fine of said Tract 2, S691281TW,a
distance of 2286.14 feet to a 1/2 ixh Iron rod with plastic surveyor's cap (2MMSTATE
SURVEYING, INC.) set in the east line of Tract 1 of said Brusby Creek Muni*d Utllity
Dishict dad, for an ell corner hereof;
TEMNCE,'through said 166.48 acre tract, along the east Bate of said.Tract 1, S1903T5T'E, a r
dista= of 920.50 fact to a 1/2 imah iron rod whh plastic surveyor's cap (INTERSTATE
SURVEYING,INC.)set for the POINT OF BEGINNING, for the northvmst 000rner bereog i
THENCE,through said 166.48 acre trent the following three(3)courses and distmes:
1) NW57'26"F, a distsnce of 25.01 feet to a 112 inch iron rod with plastic surveyor's cap
(INTERSTATE SURVEYING,INC.)ad for the northeast corner hereog
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AUG-26-2005 12:47 CITY OF RUUMD ROCK 512218709? P.25/30
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2) sinr3T'E, a distance of 25.01 feet to a 1/2 inch iron rod with plastic sorveyor's cap
Md"i'ERSTATE SURVEYING,INC.)sot#hr lite soutleast corner hereof;at►d ! j
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3) SW7126"W,a distance of 25.01 feet to a 1/2 inch iron rod with plastic surveyor's C
(II+1'TF.,RSTATE SURVEYING,INC.)set in the east line of said Tract 1 for the southwest i
1
corner bere4-
1'MNCE,through
said 166.48 acre tract, 9009 the east iiw of said Tract 1,N19637'57"W,a E
distance of 25.01 fret to the POINT OF BEGINNING, eontaming 0.01 acres(625 square feet)
of lend area,WON or less,within these metes and bound's.
Tract A(99.45 acres) with Tract B (0.06 acres) and Tract C (0.01 ages) eontabn 99.52 acres
(4,332,167 mare feet)of hand arca,more or less,witbin these metes and botch
SPATE OF TEXAS § `
MOW ALL BY THESE PRESENTS $ j
COUNTY OF w LLIAMSON §
S
THAT I,BLAm J.MII.LER, A R 301STMW PROFESSIONAL LAND SURVEYOR,DO REMY
CERTIFY THAT THE ABOVE DESCRIPTION is TRUE AND CORRECT TO TFIE RBST OF MY
mQ4OWL13DCFs AND BELIEF AND THAT THE PROPERTY DESCRIBED HERBIl+N WAS 4
DETBRMNED BY A SURVEY MADE ON THE GROUND UNDER MY DIRBCrION AND
SUPERVISION,
WTrMS MY HAND AND SEAL AT AUSTIN,WILLIAMSON COUNTY,TEXAS THIS 24th DAY
OF NOVEMBER,2004 A.D.
BLAINE J.MILLER,R.P.L.S.
STATE OF TEXAS x0.5121
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INIBRS'I'ATB S MVEYIrNG,INC.
13740 N.HWY 183,BLDG.L-4
A=th%Texas
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AUG-26-2005 12:47 CITY OF ROUND ROCK 5222187097 P.26/39
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EX$I8l!T"B"
Terms of Wbolesak Water and Wastewater Utility SeMew to MUD
1. The City will provide whok3ek water and wastewater utility services to the
MUD, sufficient to serve the land within the MUD, for cost of sm-vkc wholesale water and
wastewater utfty rates. These rates may be reviewed ad adjusted by the City ammally,based
on a cost of service study performed by the City. The City shall be entitled to include a
reasnaable-rate of return to the utility rates. i
2. The City will provide potable water•meeting the standards of the Texas
Commissioner on Bnvimnmai Quality for human commvtion and other domestic uses, and
wand`h9m of���� the The City
will ana t , tntc% ity at su tim
to am the customers wltbin the MUD at the same level these services are provided within the
City. The City may limit servioe to the MUD in the same maaprenr and to the same waent that k
service is limited inside the City limits. If there is a stater shortage,the supply of water to the R
MUD may be reduced or diminished in the same proportions as water sapply is reduced or
diminisbeed within the City's corporate li*&&
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3. All water delivered to the MUD will be measured by a master metes installed at
an agreed upon point of delivecy. The MUD will be responsible for install*n and ttptenme }
of the master meteo ins equorent and related facilities that serve the MW At its own=petense,
and will caftate its mastea•meter every 12 mots,or more fiaquently upon request of the City;
howovw,the cost of the calibration will be borne by the City if requested more frequently than
once every 12 months.
4. The MUD will inVose and e
of nv,at a minimum,all conservation,measures and
use restrWons unposed by the City on its own customers with the Chy.
5. Upon the payment of applicable City water and wastewater impact fees, the �
MUD will have a guaranteed reservation and commrtn umt of capacity in the City's water and
wastewater utility systems for the amount of a peacity for which these fees have been paid
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AUG-26-2M 12:47 CITY OF ROUND ROCK 5122187097 P.V/30
k
• a,�a�T Axe
• & �.
rra hemcrime Pdm Amom�
2 naw• D nO W. sx foo SA 4500A
PM By 630 2.00 126ao0
103a�bne 8X so 8.00 $040.00
MdAC SX Soo 6.001 3000A0
5 dbl&IAM aiabsliration SY O30 440 ?320.00
6 tlalb ad GalbarrxoL iokti A bomc IF 240 10.00 240D.00
7 men&Coin Allm 4 b6 SP 9w 4.00 ssww
a Emiggs SX 2.W 50,00
9 Il 120 4.00 4 00
10 aadCi 8svem®t 1;I+ 40 5.00 200.00
T�OTAI• eas780.00
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CONY 169 33 .00
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ALU-26-2005 12:40 CITY OF ROLM RRgt 5122187097 P.02/30
RESOLUTION NO. R-05-0&11-IIB2
Exhibit B
WHEREAS; Merion 100, L.P. ("Developer") is in the process of
filing an application with the City of Round Rock ("City") seeking the
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City's consent ,to the creation of a Municipal Utility District on j
property owned by the Developer, and E
WHBRESAS, the City and Developer desire to enter into a
Development Agreement. to assure that the property is developed and
adequately provided with water and wastewater service in a timely
manner, Now Therefore
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BB IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK.TEXAS.
That the Mayor is hereby authorised and directed. to execute on
behalf of the City a Development Agreement with Marion 100, L.P. , a
copy of same being attached hereto as Exhibit "A" and incorporated
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herein for all purposes. {
The City Council hereby finds and declares that written notice of
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the date, hour, place and subject of the meeting at which this
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Reeolutiou 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
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Government Code, as amended.
RESOLVED thin 11th day of August, 2005.
Ci�- Ro d Rock, Texas
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CRRISTZNE R. MARTMZ, City secre ry
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MAMMBIT Office: 512-443-1724 �
Fax:512-441-6987 I
Professional Land Surveying, Inc.
orr,ruwalq 2807 Manchaca Road s
Surveying and Mapping Building One
Austin,Texas 78704
11.223 ACRE SITE
P. A. HOLDER SURVEY NO. 9
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A DESCRIPTION OF 11.223 ACRES OUT OF THE P.A. HOLDER SURVEY NO.
9, ABSTRACT 297 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
AN 11.86 ACRE TRACT DESCRIBED IN A WARRANTY DEED FROM LAMBERT
PETERSON, AS INDEPENDENT EXECUTOR OF THE ESTATE OF CARL
ELMER JOHNSON, DECEASED, TO BLANCHE V. JOHNSON DATED AUGUST,
1977, RECORDED IN VOLUME 681, PAGE 894, ..DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 11.223 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at calculated point for the northeast comer of the herein described
tract of land, being In the east*ilne of the said 11.86 acre tract, being also in the
apparent southeast right-of-way line of the Missouri Pack Railroad (200'
right-of-way), described in a deed of.record in Volume 17, Page 620 of the Deed j
Records of Williamson County, Texas, from which a 112' rebar found at the
northwest comer of a 6.591 acre tract described in a Special Warranty Deed With
Vendor's Lien to Sycamore Trail, Ltd. dated January 18, 2001 and recorded under
Document No: 2001007251 of the Official Public Records of Williamson County,
Texas, bears.South 2°21'.54" East, a distance of 0.69 feet, and from said.point of
beginning the approximate centerline of the "Main Track" of the railroad (the
northerly*track), as described in said Document No. 2001007251, bears North
19°16'05" West, a distance of 100.00 feet;
THENCE departing the southeast right-of-way line of the railroad, South 2022'07"
East, along the common line of the said 11.86 acre tract and the said 6.591 acre
tract, at a distance of 387.70 passing a 112" Iron pipe found, and continuing.for a i
total distance of 423.25 feet to a calculated point in the approximate centerline of
Lake Creek, being in the northwest line of a 5.29 acre tract of land described in a
Warranty Deed to Helen W. Walker dated August 19, 1977 and recorded in Volume
680, Page 182 of the Deed Records of Williamson County, Texas;
THENCE with the approximated centerline of Lake Creek, being the southeast line
of the 11.86 acre tract, and being in part the northwest line of the said 5.29 acre
tract, and in part the northwest line of a 5.00 acre tract described in a General
Warranty Deed to George W. Vance and spouse, Jeanne G. Vance, dated July 15,
1996 and recorded under Document No. 9637349 of the- Official Records of
Williamson County, Texas, the following twenty-three (23) courses:
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1. North 8452'14"West, a distance of 14.20 feet to a calculated point;
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Page 2 of 3
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2. South 71°50'11" West, a distance of 43.20 feet to a calculated point;
3. South 58"50'05" West, a distance of 46.55 feet to a calculated point; i
4. South 39041'54"West, a distance of 36.09 feet to a calculated point;
5. South 17°20'52"West, a distance of 44.65 feet to a calculated point;
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6. South 21'26'05"West, a distance of 37.36 feet to a calculated.point;
7. South 1°31'48"West, a distance of 53.42 feet to a calculated point;
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8. South 2°57'35" East, a distance of 53.25 feet to a calculated point;
9. South 13°11'28" West, a distance of 52.15 feet to a calculated point;
1
10.South 4°54'42"West, a distance of 11.44 feet to a calculated point;
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11.South 53053'57"West, a distance of 10.10 feet to a calculated point;
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12.South 69'56'4p' Wept,a distance.of 38.64 feet to a calculated-point;
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13.South 64026'29"West; a distance of 37.61.feet to a calculated point;
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14.South 66°37'57" West, a distance of 76.93 feet to a calculated point]
15.South 64°16'25" West, a distance of 88.56 feet to a.calculated point,
16.South 63015'59"West, a distance of 82.24 feet to a calculatedint•
po ,
17.South 11°5654"West, a distance of 19.07 feet to a calculated point;
18.South 54°28'21"West, a.distance of 71.58 feet to a calculated point;
19.South 81 048'19"West, a distance of 30.02 feet to a calculated point;
20.South 63°01'32"West, a distance of 15.23 feet to a calculated point;
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21.South 67°30'23"West, a distance of 38.45 feet to a calculated point; F
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22.South 64008'02"West, a distance of 41.65 feet to a calculated point;
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23.South 67°33'41" West, a distance of 43.36 feet to a calculated point at the
northwest corner of the said 5.00 acre tract, being at the southwest comer of
the 11.86 acre tract, being also at the northeast corner of another 5.00 acre 1
tract described in a Warranty Deed With Vendor's Lien to Laura L. Baghed
dated July 16, 1992 and recorded In Volume 2166, Page 833 of the Deed
Records of Williamson County,Texas, and being also a the southeast comer
of a 9.976 acre tract described in a Warranty Deed to the City of Round Rock
dated June 21, 1998 and recorded under Document No. 9903347 of the
Official Records of Williamson County, Texas;
THENCE North 9°09'44" West, along the common line of the 11.86 acre tract and
the said 9.976 acre tract, at a distance of 253.58 feet passing a 1" iron pipe found,
at a distance of 308.86 feet passing a 112" rebar found, and continuing for a total
distance of 733.21 feet to a 1/2" -rebar with cap set in the apparent southeast
right-of-way line of the said railroad from which a 1/2" rebar found at the northeast
comer of the said 9.976 acre tract bears North 9'09'44"West, a distance of 35.51
feet; l
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THENCE North 70'43'55" East, over and across the 11.86 acre tract, 100 feet from
and parallel to the approximate centerline of the "Main Tracl-f of the railroad, as j
described In Document.Na. 2001007251, a .distance sof 822.73.feet to the POINT
OF BEGINNING, containing 11.223 acres of land, more or less.
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Surveyed on the ground in November 2002. Bearing Basis: Grid Azimuth for Texas
Central Zone, 1983193 HARN values from LCRA control network. Attachments:
Drawing 014-126-T4. /
OF
Robeff C. Watts, Jr.
Registered Professional Land SurveyorFQQ
C.w R
State of Texas No. 4995
� 4�5 Iry
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