R-01-09-27-15F5 - 9/27/2001 RESOLUTION NO. R-01-09-27-15F5
WHEREAS, the City of Round Rock desires to construct a 1611
waterline along and within the A. W. Grimes waterline right-of-way
running through property owned by Continental Homes of Texas, L. P.
( "Developer" ) , and
WHEREAS, the City desires to expeditiously design, engineer and
construct the waterline, conditioned upon Developer paying the City for
a portion of the cost of the waterline attributable to its development,
and
WHEREAS, the Developer desires to partially reimburse the City
for costs expended in the construction of the waterline through the
property, 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 a Development Agreement with Continental Homes of Texas, L. P.
regarding A.W. Grimes Waterline, a copy of said agreement 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, and the Act .
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R10927FS.WPD/sc
r
RESOLVED this 27th day of September, 2001 .
zjq1A j L
RO ERT A. STLUKA, JV. , Mayor
City of Round Rock, Texas
ATTEST :
J E LAND, City Secretary
2
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH CONTINENTAL HOMES OF TEXAS,L.P.
COUNTY OF WILLIAMSON § REGARDING A.W. GRIMES WATERLINE
This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK,
TEXAS ("City") and CONTINENTAL HOMES OF TEXAS, L.P. ("Developer").
WHEREAS, Developer is owner of that certain tract of land described in Exhibit "A" ,
attached hereto (the "Property"), and
WHEREAS, City desires to construct a 16" waterline along and within the A.W. Grimes
Blvd. right-of-way, (the "Waterline"), and
WHEREAS,the City desires to expeditiously design,engineer and construct the Waterline,
conditioned upon Developer paying City for a portion of the cost of the Waterline attributable to its
development, and
WHEREAS, the Developer desires to reimburse the City for costs expended in the
construction of the Waterline through the Property,
NOW THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the City and Developer hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to provide for the reimbursement to the City for the cost
of construction of the Waterline through the Property. The parties hereto agree that the portion of
the cost of said Waterline paid by the Developer is attributable to the needs of Developer's
development.
C:\WIND0WS\TEMP\00005907.wpd/kg
EXHIBIT
All
B. GENERAL TERMS AND CONDITIONS
1. The Project is herein defined as the construction 16" waterline running through the
Property within the right-of-way of A. W. Grimes Blvd.
2. Developer agrees to pay to the City $213,327.14 as full reimbursement for the
Waterline. Said sum shall be paid to the City within ten (10) working days after
Developer receives notification that said payment is due. The$213,327.14 includes
a 5%contingency factor. Any sums remaining after construction of the Project will
be returned,pro-rated,to Developer and other participants in the project. Developer
agrees that it shall be responsible for its pro-rated share of construction costs if any
additional costs are approved through a change order by the City.
C. MISCELLANEOUS PROVISIONS.
1. Actions Performable. The City and the Developer agree that all actions to be
performed under this Agreement are performable in Williamson County, Texas.
2. Governing Law. The City and Developer agree that this Agreement has been made
under the laws of the State of Texas in effect on this date,and that any interpretation
of this Agreement at a future date shall be made under the laws of the State of Texas.
3. Severabilitv. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction,the entire Agreement shall not be
void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement.
Any amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices,requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by (1) telecopy, with the original
delivered by hand or overnight carrier, (ii)by overnight courier or hand delivery, or
(iii) certified mail, postage prepaid, return receipt requested, and addressed to the
parties at the following addresses:
2.
Com:
City of Round Rock
221 East Main
Round Rock, Texas 78664
Attn: Director of Planning
Phone: (512) 218-5420
with copies to:
Sheets& Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
Phone: (512)255-8877
Developer:
Continental Homes of Texas, L.P.
12554 Riata Vista Circle
2nd Floor
Austin, Texas 78727
7. Force Maj eure. Developer and the City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike.
8. Assignment. This Agreement may be assigned by the Developer only with the prior
written approval of the City.
9. Signature Warranty Clause.
The signatories to this Agreement represent and warrant that they have the authority
to execute this Agreement on behalf of the City and Developer,respectively.
3.
SIGNED as of this day of , 2001.
CITY OF ROUND ROCK CONTINENTAL HOMES OF TEXAS,L.P.
By: CHTEX of Texas, Inc.,
its sole general partner
By:
Robert A. Stluka, Jr., Mayor
By: A445 +-��
rin d ame:
s
ATTEST:
Joanne Land, City Secretary
4.
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowled ed before me on this the
�ay ofL _ 2001
by LMiTL�fE1GS. CHTEX of Texas, Inc., solo general partner of
Continental Homes of Texas, L.P., on behalf of said partnership.
Nr°��r"�'�`4� SHARON L.CAMPBELL
J, ` Notary Public,state of Texas
� +' JUNE29,2002 Notary Public, State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of
2001,by Robert A. Stluka,Jr.,a person known to me,in her capacity as Mayor of the City of Round
Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality.
Notary Public, State of Texas
5.
UWUZiol 15:27 FAX 512 533 1429 MILBURN LAND DEVELOPMENT
191 002
r
Lake Creek
Village P.U.D. FN00-091 (RLM)
177.00 Acres November 9,2000
Job No. 050243.001.1.4047
A DESCRIPTION OF 177.00 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY NO. 9,
ABSTRACT 297, IN WILLIAMSON COUNTY, TEXAS. SAID 177.00 ACRES OF LAND BEING A
PORTION OF A 151.37 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CONTINENTAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, ALL OF A 33.61 ACRE TRACT OF LAND I
HOMES OF TEXAS, L. P. AS RECORDED IN DOCUMENT NO. 2000066004 OF THE OFFICAL
AS
DESCRIBED IN A DEED TO CONTINENTAL HOMES OF TEXAS, L_ P_ AS RECORDED IN
DOCUMENT NO. 2000065504 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS.
AND ALL OFA CALLED 1.7ACRE TRACT OF LANDAS DESCRIBED INA DEED TO CONTINENTAL
HOMES OF TEXAS, L. P. AS RECORDED IN DOCUMENT NO. 2000065504 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 177.00 ACRE TRACT,AS SHOWN ON THE
ACCOMPANYING SKETCH,BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a%-inch iron rod found for the southeast comer of the said 151.37 acre tract, being the
southwest corner of Lot 11, Block A of South Creek Section One, a subdivision recorded in Cabinet F,
Slide 66 of the Plat Records of Williamson County,Texas,and being in the north tine of Block B of South
Creek Section Seventeen, a subdivision recorded in Cabinet F, Slide 230 of the Plat Records of
Williamson County,Texas, for the southeast corner of the herein described 177.00 acre tract;
THENCE,with the south line of the said 151.37 acre tract, being the north line of the said South.Creek
Section Seventeen,S 83°2855"W,passing at a distance of 504.36 feet a 1/4-inch iron rod found for the
northwest corner of a called ed in a deed to Hugh Noel as recorded in
1.50 are tract of land described
Document No.9652164 of the Official Records of Williamson County,Texas,being the northeast corner
of Round Rock East,a subdivision,continuing with the south line ofthe said 151.37 acre tract, the
north line of the said Round Rock East,passing at a distance of 161being
5.16 feet a%cinch iron rod found for
the northwest corner of the said Round Rock East,being a northeast corner of a called 16.812 acre Park
Site as shown on Greenslopes At Lake Creek Section Two,a subdivision recorded in Cabinet D,Slide 70
of the Plat Records of Williamson County,Texas,continuing with the south line of the said 151.37 acre
tract,being the north line of the said Park Site,a total distance of 1758.54 feet to a 5"fence comer post
found for the southwest comer of the said 151.37 acre tract,being the northwestcomer rk
of the said Pa
Site, and being in the east line of Block A of the said Greenslopes At Lake Creek Section Two;
THENCE, with the west line of the said 151.37 acre tract, being the east line of the said Block A.
N 04°40'12"W,passing at a distance of 485.27 feet the northeast comer of the said Greenslopes At Lake
Creek Section Two, being the southeast corner of Greenslopes At Lake Creek Section Nine, a
subdivision recorded in Cabinet F,Slide 115 of the Plat Records of Williamson County,Texas,continuing
a total distance of 635.97 feet to a %cinch iron rod found for an angle point in the east line of the said
Greenslopes At Lake Creek Section Nine;
THENCE, continuing with the west line of the said 151.37 acre tract, being the east line of the said
Greenslopes At Lake Creek Section Nine,the following ten 0 0)courses:
1. N 05°37'14"W, a distance of 303.14 feet to a 5/8-inch iron rod with cap set,
2. N 01'53'59"W, a distance of 134.84 feet to a 60-D nail found,
3. N 01042'46'E, a distance of 271.01 feet to a 5/8-inch iron rod with cap set,
4. N 04049'10"W, a distance of 297.49 feet to a Yz-inch iron rod found,
5. N 05°46'57"W, a distance of 248.36 feet to a 5/8-inch iron rod with cap set,
Page 1 of 5
"1141 vl ta.zi VAA 41Z :)43 1419 MILBURN LAND DEVELOPMENT
Q003
Cake Creek
Village P.U.D. FN00-091 (RLM)
177.00 Acres November 9, 2000
Job No. 050243.001.1.4047
6. N 03°39'14"W,a distance of 184.70 feet to a 518-inch iron rod with cap set,
7. N 05°05'29"W,a distance of 247.21 feet to a 5/8-inch iron rod with cap set,
8. N 05°31'59"W, a distance of 214.93 feet to a 5/8-inch iron rod with cap set,
9. N 05°11'44"W,a distance of 274.53 feet to a 5/8-inch iron rod with cap set.and
said Greenslopes At Lake Creek Section Nine, being a southeast
10. N 05'47'57"W,a distance of 48.62 feet to a Y inch iron rod found,for the northeast corner of the called 231.374 acre tract of land as described in a deed to Gaston Dcorner
of the remainder of a
Development Co. as recorded in Volume 710, Page 700of the Officialvelpm nt Co.and of Williamsonrd
County, Texas;
THENCE, continuing with the west line of the said 151.37 acre tract, being the east line of the said
231.374 acre tract the following five(5)courses:
I. N 04042'21"W,a distance of 274.53 feet to a 5/8-inch iron rod with cap set,
2. N 14'35'00"W,a distance of 68.55 feet to a 5/8-inch iron rod with cap set,
3. N 01'12'00"W, a distance of 58.95 feet to a 5/8-inch iron rod with cap set,
4. N 19'18'53"E, a distance of 57.66 feet to a 5/8-inch iron rod with cap set,and
5. N 30'12'00" W, a distance of 47.68 feet to a 5/8-inch iron rod with cap set, for the northeast
land described in a deed to Sue Hoover as recorded
corner of the said 231.374 acre tract, being the southeast corner of a called 6.591 acre tract of
in Volume 2159, Page 880 of the Official
Records of Williamson county,Texas,being in the approximate center of Lake Creek,and being
the northwest comer of the herein described 177.00 acre tract;
THENCE,leaving the said line,crossing the said 151.37 acre tract,with the approximate center of Lake
Creek, being the northwest line of the herein described 177.00 acre tract,the following seven(7)courses:
1. N 80'43'01"E,a distance of 108.09 feet to a point,
2. N 30' 10'55"E, a distance of 143.90 feet to a point,
3. N 43' 17'30"E, a distance of 292.61 feet to a point,
4. N 29' 13'49" E, a distance of 140.23 feet to a point,
S. N 63" 14'57"E,a distance of 102.12 feet to a point,
6. N 46' 48' 11" E, a distance of 307.03 feet to a point,and
7. N 66'50'34"E,a distance of 163.08 feet to apoint for an interior comerof the said 37_
tract,being the southwest corner of a called 2.0 acretract of land described in a deed to David L.
Carlin and Mary C. Carlin, as recorded in Document No. 9759883 of the Official Records of
Williamson County, Texas;
THENCE,continuing with the approximate center of Lake Creek,being the south line of the said 2.0 acre
Page 2 of 5
uaiuziUl 15:28 FAX 512 533, 1429 MILBURN LAND DEVELOPMENT
Q004
Lake Creek
Village P.U.D. FN00-091 (RLM)
177.00 Acres November 9, 2000
Job No. 050243.001.1.4047
tract, and being the north line of the said 151.37 acre tract, the following five (5)courses:
I. N 53° 39' 15"E. a distance of 67.99 feet to a point,
2. N 78° 14'55'E, a distance of 88.43 feet to a point,
3. S 78° 19'58*E, a distance of 71.77 feet to a point,
4. S 64°43'52"E, a distance of 120.44 feet to a point, and
5. S 70° 33'46"E, a distance of 56.11 feet to a point, being the southeast corner of the said 2.0
acre tract,being the northeast corner of the said 151.37 acre tract,and being the noract of land described
rth comer of
the said 33.61 acre tract,being a southwest corner of a called 27.61 acre t
in a deed to James J. Hoover, as recorded in Volume 649, Page 114 of the Deed Records of
Williamson County,Texas;
THENCE,with the north line of the said 33.61 acre tract,being the said south line of the said 27.61 acre tract,
and the south line of a called 1.50 acre tract of land described in a deed to Roger A. Miller and Suzanne B.
Miller,as recorded in Volume 790,Page 892,and the south line of a called 23217 acre tract of land described
in a deed to Sue Hoover, as recorded in Volume 2137, Page 218 of the Deed Records of Williamson County,
Texas, and being the approximate centerline of Lake Creek,the following four(4)courses:
1. S 52°29'43" E, 613.25 feet to a point,
2. S 68°54'51"E, 325.04 feet to a point,
3- S 74° 13' 13" E, 365.00 feet to a point,and
4. S 73°12'53"E,240.68 feet to a'/-inch iron rod found for the northeast comer of the said 33.61 acre
tract, and being the northwest comer of South Creek Section Two, a subdivision, as recorded in
Cabinet F. Slide 266 of the Plat Records of Williamson County,Texas;
THENCE with the east line of the said 33.61 acre tract, being the west line of thesaid South Creek.
Section Two,and the west line of South Creek Section Six,a subdivision,as recorded s Cabinet F,Slide
360 of the Plat Records of Williamson County, Texas, the following three(3)courses:
1. S 02°36'29"W, 140.95 feet to a 5/84nch iron rod with cap set,
2. S 00° 14'37-E, 902.66 feet to a 5/8-inch iron rod with cap set,and
3. S 00° 20' 32" E, passing at 29.03 feet the most northerly southwest corner of the said South
Creek Section Two, being the northwest comer of continuing with the west line of the said South
Creek Section Six,a total distance of 80.25 feet to a 51"nch iron rod with cap set;
THENCE,continuing with the east line of the said 33.61 acre tract and the east line of the said 1.7 acre
tract, being the west line of the said South Creek Section Six,S 00°02'55"W,a distance of 92.85'to a
"/Z-inch iron rod found for the southeast corner of the said 1.7 acre tract, being the northeast comer of
ision.recorded in Cabinet L,Slide 201 of the.Plat Records
South Creek Section Twenty,Phase 1,a subdiv
of Williamson County, Texas;
THENCE, with the south line of the said 1.7 acre tract, being the north line of the said South Creek
Section Twenty, Phase 1,the following five(5) courses:
Page 3 of 5
ub/UZiul 15:28 FAX 512 533 1429 MILBURN LAND DEVELOPMENT
r�005
Luke Creek
Village P.U.D. FN00-091 (RLM)
177.00 Acres November 9, 2000
Job No. 050243.001.1.4047
1. N 880 15' 07"W,a distance of 33.29 feet to a 5/8-inch iron rod with cap set,
2. a distance of 169.60 feet with an arc of a curve to the right whose central angle is 7°02'24',with
a radius of 1380.35 feet and whose chord bears N 84°43'55"W.a distance of 169.50 feet to a
5/8-inch iron rod with cap set,
3. N 81*'12'43*W, a distance of 275.17 feet to a 5/8-inch iron rod with cap set,
4. a distance of 168.62 feet with an arc of a curve to the left whose central angle is 310 03'00",with
a radius of 311.16 feet and whose chord bears S 83° 15'49"W, a distance of 166.57 feet to a
5/8-inch iron rod with cap set, and
5. S 67'44'20"W, a distance of 274.39 feet to a%-inch iron rod found for the southwest corner of
the said 1.7 acre tract, being the northwest corner of the said South Creek Section Twenty,
Phase 1,and being in the east line of the said 151.37 acre tract;
THENCE, with the east line of the said 151.37 acre tract, being the west line of the said South Creek
Section Twenty, Phase 1, S 0700'43" E a distance of 318.62 feet to a '/-inch iron rod found for the
southwest comer of the said South Creek Section Twenty,Phase 1, being the northwest comer of Lot 1,
Block B of South Creek Section Seven, a subdivision recorded in Cabinet G, Slide 259 of the Plat
Records of Williamson County,Texas;
THENCE,continuing with the east line of the said 151.37 acre tract,being the west line of the said South
Creek Section Seven, and the west line of the said South Creek Section One, the following two (2j
courses:
I. S 060 58' 17" E,a distance of 1507.12 feet to a I Y4-inch iron pipe found for an angle point, and
2. S 07°33'54'E,a distance of 165.77 feet to the POINT OF BEGINNING and containing 177.00
acres of land.
THE STATE OF TEXAS
COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS:
That 1, John Strawbridge, a Registered Professional Land Surveyor, do hereby certifthat the
above description is true and correct to the best of my knowledge and belief. y
WITNESS MY HAND AND SEAL at Austin,Travis County,Texas,this the 9thday of November,
2000 A.D.
Carter& Burgess, Inc.
901 South Mopac Blvd.,Suite 200 John Strawbridge
Austin,Texas 78746 Registered Professional Land Surveyor
�f TF No. 4283-State of Texas
�P.G S T f..,�•f
..«N••«••N•NN••••NN•1.•
JOHN STRAWBRIDGE
r:P 4283
SUR
Page 4 of 5
v_5iuziul 15:Z8 FAX 512 533.1429 MILBURN LAND DEVELOPMENT X006
t •p
Ali •iii i' ;F oa .a"_.. y
i�o =.. �K �Si •r! n
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Waterline Est. for Milbum
Station 527+85 to Station 564+20
Item Unit Quantity Unit Price Cost
1. Dry Connection (16X16) LS 0.00 $ 5,000.00 $ -
2. Ductile Iron Fittings TON 1.75 $ 500.00 $ 875.00
3. Fire Hydrant EA 4.00 $ 2,200.00 $ 8,800.00
4. Bore& Steel Encasement (24 IN DIA) LF 0.00 $ 375.00 $ -
5. Pipe(6 IN DIA)(DI)(WL) LF 32.00 $ 90.00 $ 2,880.00
6. Pipe (8 IN)(DI)(WL) LF 752.00 $ 30.00 $ 22,560.00
7. Pipe(12 IN)(DI)(WL) LF 0.00 $ 38.00 $ -
8. Pipe(16 IN)(DI)(WL) LF 3675.00 $ 48.00 $ 176,400.00
9. Gate Valve and Box(6 IN) EA 4.00 $ 650.00 $ 2,600.00
10. Gate Valve and Box(8 IN) EA 9.00 $ 800.00 $ 7,200.00
11. Gate Valve and Box(12 IN) EA 0.00 $ 2,200.00 $ -
12. Gate Valve and Box(16 IN) EA 5.00 $ 5,500.00 $ 27,500.00
13. Valve(16 IN)(Butterfly) EA 0.00 $ 5,000.00 $ -
14. Auto Comb Air-Vac Rel Valve Assem (2 IN) EA 2.00 $ 2,300.00 $ 4,600.00
15. Concrete Encasement LF 0.00 $ 20.00 $ -
16. Adjust Existing 16"Waterline EA 0.00 $ 21,000.00 $ -
17. Steel Encasement Pipe (16 IN) LF 508.00 $ 52.00 $ 26,416.00
18. Steel Encasement Pipe (20 IN) LF 0.00 $ 60.00 $ -
19. Steel Encasement Pipe (24 IN) LF 70.00 $ 68.00 $ 4,760.00
20. Trench Safety LF 3350.00 $ 1.00 $ 3,350.00
21. Flush Valve Assembly EA 1.00 $ 2,300.00 $ 2,300.00
TOTAL $ 290,241.00
70%SHARE 203,168.70
5%for F.C. 10,158.44
DEV. COST 213,327.14
EXHIBIT
DATE: September 21, 2001
SUBJECT: City Council Meeting—September 27, 2001
ITEM: 15T.5. Consider a resolution authorizing the Mayor to execute a
Development Agreement with Continental Homes of Texas,L. P.
regarding A.W. Grimes Waterline The City desires to construct a
16" waterline running through the property, along and within the
A.W. Grimes Boulevard right-of-way. The purpose of the agreement
is to provide for the reimbursement to the City for the cost of
construction of the waterline through the property.
Resource: Jim Nuse,Director of Public Works
History: This agreement provides for the payment of a 16"waterline in the A.W. Grimes
right-of-way to be funded by developers.
Funding:
Cost: $213,327.14
Source of funds: Developers
Outside Resources: Continental Homes of Texas,L.P.
Impact: This agreement helps fund the orderly extension of the utility.
Benefit: This provides for an extension of the utility.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
ONGINAL
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH CONTINENTAL HOMES OF TEXAS,L.P.
COUNTY OF WILLIAMSON § REGARDING A.W. GRIMES WATERLINE
This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK,
TEXAS ("City") and CONTINENTAL HOMES OF TEXAS, L.P. ("Developer").
WHEREAS, Developer is owner of that certain tract of land described in Exhibit "A" ,
attached hereto (the "Property"), and
WHEREAS, City desires to construct a 16" waterline along and within the A.W. Grimes
Blvd. right-of-way, (the "Waterline"), and
WHEREAS,the City desires to expeditiously design,engineer and construct the Waterline,
conditioned upon Developer paying City for a portion of the cost of the Waterline attributable to its
development, and
WHEREAS, the Developer desires to reimburse the City for costs expended in the
construction of the Waterline through the Property,
NOW THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the City and Developer hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to provide for the reimbursement to the City for the cost
of construction of the Waterline through the Property. The parties hereto agree that the portion of
the cost of said Waterline paid by the Developer is attributable to the needs of Developer's
development.
C:\WIND0WS\TEMP\00005907.wpd/kg
B. GENERAL TERMS AND CONDITIONS
1. The Project is herein defined as the construction 16" waterline running through the
Property within the right-of-way of A. W. Grimes Blvd.
2. Developer agrees to pay to the City $213,327.14 as full reimbursement for the
Waterline. Said sum shall be paid to the City within ten (10) working days after
Developer receives notification that said payment is due. The$213,327.14 includes
a 5% contingency factor. Any sums remaining after construction of the Project will
be returned,pro-rated,to Developer and other participants in the project. Developer
agrees that it shall be responsible for its pro-rated share of construction costs if any
additional costs are approved through a change order by the City.
C. MISCELLANEOUS PROVISIONS.
1. Actions Performable. The City and the Developer agree that all actions to be
performed under this Agreement are performable in Williamson County, Texas.
2. Governing Law. The City and Developer agree that this Agreement has been made
under the laws of the State of Texas in effect on this date,and that any interpretation
of this Agreement at a future date shall be made under the laws of the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction,the entire Agreement shall not be
void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement.
Any amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices,requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by (1) telecopy, with the original
delivered by hand or overnight carrier, (ii)by overnight courier or hand delivery, or
(iii) certified mail, postage prepaid, return receipt requested, and addressed to the
parties at the following addresses:
2.
City
City of Round Rock
221 East Main
Round Rock, Texas 78664
Attn: Director of Planning
Phone: (512) 218-5420
with copies to:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
Phone: (512) 255-8877
Developer:
Continental Homes of Texas, L.P.
12554 Riata Vista Circle
2nd Floor
Austin, Texas 78727
7. Force Majeure. Developer and the City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike.
8. Assignment. This Agreement may be assigned by the Developer only with the prior
written approval of the City.
9. Signature Warranty Clause.
The signatories to this Agreement represent and warrant that they have the authority
to execute this Agreement on behalf of the City and Developer, respectively.
3.
SIGNED as of this I day of ; 2001.
CITY OF ROUND ROCK CONTINENTAL HOMES OF TEXAS,L.P.
By: CHTEX of Texas, Inc.,
its sole general partner
B
R ert A. Stluka, Jr., M or
By: A045 .
rin d ame:
�Tts
ATTEST:
J e Land, City Secretary
4.
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
_This instrument was acknowledged be e me on this the /'Al of
� Y � %`G`� V ,2001,
by �t F,'Ky �,ll l'NE-1G / h,' e. CHTEX of Texas, Inc., sole general partner of
Continental Homes of Texas, L.P., on behalf of said partnership.
SHARON L.CAMPBELL �
Notary Public,State of Texas
�r�� My Commission Expires
'�:'F�f�4+. JUNE 29,2002 Notary Public, State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of
2001,by Robert A. Stluka,Jr., a person known to me,in her capacity as Mayor of the it,of Round
Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality.
Notary Public, State of Texas
'i"Wlx PN= CHRISTINE R.MARTINEZ
MY COMMISSION EXPIRES
August 28,2005
5.
u.0/Vz/u1 15:27 FAX 512 533 1429 MILBURN LAND DEVELOPMENT �J002
Lake Creek FN00-09i (RLM)
Village P.U.D. November 9, 2000
177.00 Acres Job No. 050243.001.1.4047
A DESCRIPTION OF 177.00 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY NO. 9,
ABSTRACT 297, IN WILLIAMSON COUNTY, TEXAS. SAID 177.00 ACRES OF LAND BEING A
PORTION OF A 151.37 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CONTINENTAL
HOMES OF TEXAS, L. P. AS RECORDED IN DOCUMENT NO. 2000066004 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, ALL OF A 33.61 ACRE TRACT OF LAND AS
DESCRIBED IN A DEED TO CONTINENTAL HOMES OF TEXAS, L. P. AS RECORDED IN
DOCUMENT NO. 2000065504 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS.
AND ALL OF A CALLED 1.7 ACRE TRACT OF LAND AS DESCRIBED INA DEED TO CONTINENTAL
HOMES OF TEXAS, L. P. AS RECORDED IN DOCUMENT NO. 2000065504 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 177.00 ACRE TRACT, AS SHOWN ON THE
ACCOMPANYING SKETCH,BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a Y2-inch iron rod found for the southeast corner of the said 151.37 acre tract, being the
southwest corner of Lot 11, Block A of South Creek Section One, a subdivision recorded in Cabinet F,
Slide 66 of the Plat Records of Williamson County,Texas,and being in the north line of Block B of South
Creek Section Seventeen, a subdivision recorded in Cabinet F, Slide 230 of the Plat Records of
Williamson County,Texas, for the southeast corner of the herein described 177.00 acre tract;
THENCE,with the south line of the said 151.37 acre tract, being the north line of the said South Creek
Section Seventeen,S 8302855"W,passing at a distance of 504.36 feet a 1/4-inch iron rod found for the
northwest comer of a called 1.50 are tract of land described in a deed to Hugh Noel as recorded in
Document No.9652164 of the Official Records of Williamson County,Texas,being the northeast corner
of Round Rock East,a subdivision,continuing with the south line of the said 151.37 acre tract, being the
north line of the said Round Rock East,passing at a distance of 1615.16 feet a Y---inch iron rod found for
the northwest corner of the said Round Rock East,being a northeast corner of a called 16.812 acre Park
Site as shown on Greenslopes At Lake Creek Section Two,a subdivision recorded in Cabinet D,Slide 70
of the Plat Records of Williamson County,Texas,continuing with the south line of the said 151.37 acre
tract, being the north line of the said Park Site, a total distance of 1758.54 feet to a 5"fence corner post
found for the southwest comer of the said 151.37 acre tract, being the northwest comer of the said Park
Site, and being in the east line of Block A of the said Greenslopes At Lake Creek Section Two;
THENCE, with the west line of the said 151.37 acre tract, being the east line of the said Block A,
N 04'40'12"W,passing at a distance of 485.27 feet the northeast comer of the said Greenslopes At Lake
Creek Section Two, being the southeast corner of Greenslopes At Lake Creek Section Nine, a
subdivision recorded in Cabinet F,Slide 115 of the Plat Records of Williamson County,Texas,continuing
a total distance of 635.97 feet to a Y.-inch iron rod found for an angle point in the east line of the said
Greenslopes At Lake Creek Section Nine;
THENCE, continuing with the west line of the said 151.37 acre tract, being the east line of the said
Greenslopes At Lake Creek Section Nine, the following ten (10) courses:
1. N 05°37'14"W, a distance of 303.14 feet to a 5/8-inch iron rod with cap set,
2. N 01'53'59"W, a distance of 134.84 feet to a 60-D nail found,
3. N 01°42'46" E, a distance of 271.01 feet to a 5/8-inch iron rod with cap set,
4. N 04°49'10"W, a distance of 297.49 feet to a V.- inch iron rod found,
5. N 05°46'57"W, a distance of 248.36 feet to a 5/8-inch iron rod with cap set,
Page 1 of 5
Vd/U4/ul ia:zi VAA alz ass 1429 MILBURN LAND DEVELOPMENT
Q003
Lake Creek
Village P.U.D. FN00-091 (RLM)
177.00 Acres November 9, 2000
Job No. 050243.001.1.4047
6. N 03039'14"W, a distance of 184.70 feet to a 5/8-inch iron rod with cap set,
7. N 05°05'29"W, a distance of 247.21 feet to a 5/8-inch iron rod with cap set,
8. N 05031'59"W, a distance of 214.93 feet to a 5/8-inch iron rod with cap set,
9. N 05°11'44"W,a distance of 274.53 feet to a 5/8-inch iron rod with cap set,and
10. N 05'47'57"W,a distance of 48.62 feet to a Y--inch iron rod found,for the northeast corner of the
said Greenslopes At Lake Creek Section Nine, being a southeast corner of the remainder of a
called 231.374 acre tract of land as described in a deed to Gaston Development Co.and Garland
Development Co. as recorded in Volume 710, Page 700 of the Official Records of Williamson
County, Texas;
THENCE, continuing with the west line of the said 151.37 acre tract, being the east line of the said
231.374 acre tract the following five(5) courses:
1. N 04'42'21"W, a distance of 274.53 feet to a 5/8-inch iron rod with cap set,
2. N 14035'00" W, a distance of 68.55 feet to a 5/8-inch iron rod with cap set,
3. N 01°12'00"W, a distance of 58.95 feet to a 5/8-inch iron rod with cap set,
4. N 19°18'53"E, a distance of 57.66 feet to a 5/8-inch iron rod with cap set, and
5. N 30012'00" W. a distance of 47.68 feet to a 5/8-inch iron rod with cap set, for the northeast
corner of the said 231.374 acre tract, being the southeast corner of a called 6.591 acre tract of
land described in a deed to Sue Hoover as recorded in Volume 2159, Page 880 of the Official
Records of Williamson county,Texas,being in the approximate center of Lake Creek,and being
the northwest comer of the herein described 177.00 acre tract;
THENCE, leaving the said line,crossing the said 151.37 acre tract,with the approximate center of Lake
Creek, being the northwest line of the herein described 177.00 acre tract,the following seven(7)courses:
1. N 80° 43' 01" E, a distance of 108.09 feet to a point,
2. N 30° 10'55"E, a distance of 143.90 feet to a point,
3. N 43° 17'30"E, a distance of 292.61 feet to a point,
4. N 290 13'49" E, a distance of 140.23 feet to a point,
5. N 63" 14'57" E, a distance of 102.12 feet to a point,
6. N 46" 48' 11" E, a distance of 307.03 feet to a point, and
7. N 66° 50'34"E, a distance of 163.08 feet to a point for an interior corner of the said 151.37 acre
tract,being the southwest corner of a called 2.0 acre tract of land described in a deed to David L.
Carlin and Mary C. Carlin, as recorded in Document No. 9759883 of the Official Records of
Williamson County, Texas;
THENCE,continuing with the approximate center of Lake-Creek,being the south line of the said 2.0 acre
Page 2 of 5
vaiuciul 15:28 FAX ,512 533 1429 MILBURN LAND DEVELOPMENT
IA004
Lake Creek
Village P.U.D. FN00-091 (RLM)
177.00 Acres November 9, 2000
Job No. 050243.001.1.4047
tract, and being the north tine of the said 151.37 acre tract, the following five(5) courses:
1. N 53° 39' 15" E, a distance of 67.99 feet to a point,
2. N 780 14'55'E, a distance of 88.43 feet to a point,
3. S 78" 19'58" E, a distance of 71.77 feet to a point,
4. S 64'43' 52"E, a distance of 120.44 feet to a point, and
acre tract,being the northeast corner of the said 151.37 acre tract,and being
5. S 70° 33' 46" E, a distance of 56.11 feet to a point, being the southeast corner of the said 2.0
the north comer of
the said 33.61 acre tract,being a southwest comer of a called 27.61 acre tract of land described
in a deed to James J. Hoover, as recorded in Volume 649, Page 114 of the Deed Records of
Williamson County, Texas;
THENCE,with the north line of the said 33.61 acre tract,being the said south line of the said 27.61 acre tract,
and the south line of a called 1.50 acre tract of land described in a deed to Roger A. Miller and Suzanne B.
Miller,as recorded in Volume 790, Page 892,and the south line of a called 23.217 acre tract of land described
in a deed to Sue Hoover, as recorded in Volume 2137, Page 218 of the Deed Records of Williamson County,
Texas, and being the approximate centerline of Lake Creek,the following four(4) courses:
I. S 52-29'43" E, 613.25 feet to a point,
2. S 680 54'51"E, 325.04 feet to a point,
3. S 74° 13' 13" E, 365.00 feet to a point, and
4. S 73°12'53"E,240.68 feet to a'/-inch iron rod found for the northeast corner of the said 33.61 acre
tract, and being the northwest comer of South Creek Section Two, a subdivision, as recorded in
Cabinet F, Slide 266 of the Plat Records of Williamson County,Texas;
THENCE with the east line of the said 33.61 acre tract, being the west line of the said South Creek
Section Two,and the west line of South Creek Section Six,a subdivision,as recorded in Cabinet F,Slide
360 of the Plat Records of Williamson County, Texas, the following three(3)courses:
1. S 020 36'29"W, 140.95 feet to a 518-inch iron rod with cap set,
2. S 00° 14' 37"E, 902.66 feet to a 5!8-inch iron rod with cap set,and
3. S 00" 20' 32" E, passing at 29.03 feet the most northerly southwest corner of the said South
Creek Section Two, being the northwest comer of continuing with the west line of the said South
Creek Section Six, a total distance of 80.25 feet to a 5/8-inch iron rod with cap set;
THENCE, continuing with the east line of the said 33.61 acre tract and the east line of the said 1.7 acre
tract, being the west line of the said South Creek Section Six,S 00°02'55"W,a distance of 92.85'to a
'/z-inch iron rod found for the southeast corner of the said 1.7 acre tract, being the northeast comer of
South Creek Section Twenty,Phase 1,a subdivision.recorded in Cabinet L,Slide 201 of the Plat Records
of Williamson County, Texas;
THENCE, with the south line of the said 1.7 acre tract, being the north line of the said South Creek
Section Twenty, Phase 1, the following five (5) courses:
Page 3 of 5
u,aiuz/ul 15:28 FAX 512 533 1429 MIL13URN LAND DEVELOPMENT
191005
Lake Creek FN00-091 (RLM)
Village P.U.D. November 9, 2000
177.00 Acres Job No. 050243.001.1.4047
I. N 88° 15' 07"W, a distance of 33.29 feet to a 5/8-inch iron rod with cap set,
2. a distance of 169.60 feet with an arc of a curve to the right whose central angle is 7'02'24".with
a radius of 1380.35 feet and whose chord bears N 84.43' 55"W,a distance of 169.50 feet to a
5/8-inch iron rod with cap set,
3. N 81' 12'43"W,a distance of 275.17 feet to a 5/8-inch iron rod with cap set,
4. a distance of 168.62 feet with an arc of a curve to the left whose central angle is 310 03'00",with
a radius of 311.16 feet and whose chord bears S 83' 15'49"W, a distance of 166.57 feet to a
5/8-inch iron rod with cap set, and
5. S 67.44'20"W, a distance of 274.39 feet to a V--inch iron rod found for the southwest corner of
the said 1.7 acre tract, being the northwest corner of the said South Creek Section Twenty,
Phase 1, and being in the east line of the said 151.37 acre tract;
THENCE, with the east line of the said 151.37 acre tract, being the west line of the said South Creek
Section Twenty, Phase 1, S 07000'43" E a distance of 318.62 feet to a Y-inch iron rod found for the
southwest comer of the said South Creek Section Twenty,Phase 1, being the northwest corner of Lot 1,
Block B of South Creek Section Seven, a subdivision recorded in Cabinet G, Slide 259 of the Plat
Records of Williamson County,Texas;
THENCE,continuing with the east line of the said 151.37 acre tract,being the west line of the said South
Creek Section Seven, and the west line of the said South Creek Section One, the following two (2)
courses:
I. S 06°58' 17" E, a distance of 1507.12 feet to a 1'/,-inch iron pipe found for an angle point, and
2. S 07° 33'54"E,a distance of 165.77 feet to the POINT OF BEGINNING and containing 177.00
acres of land.
THE STATE OF TEXAS
COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS:
That I, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief.
WITNESS MY HAND AND SEAL_at Austin,Travis County,Texas, this the 9t day of November,
2000 A.D.
Carter& Burgess, Inc.
901 South Mopac Blvd., Suite 200 John Strawbridge
Austin, Texas 78746 Registered Professional Land Surveyor
`�••OF••TF No. 4283-State of Texas
!\Q.•G S T f ••`f
•INN•N•••N•N••f•N NN
JOHN STRAWBRIDGE11••
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Page 4 of 5
u5iuziol 15:28 FAX 512 533 1429 MILBURN LAND DEVELOPMENT X006
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16
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e �
Waterline Est. for Milburn
Station 527+85 to Station 564+20
Item Unit Quantity Unit Price Cost
1. Dry Connection (16X16) LS 0.00 $ 5,000.00 $
2. Ductile Iron Fittings TON 1.75 $ 500.00 $ 875.00
3. Fire Hydrant EA 4.00 $ 2,200.00 $ 8,800.00
4. Bore& Steel Encasement (24 IN DIA) LF 0.00 $ 375.00 $ -
5. Pipe (6 IN DIA)(DI)(WL) LF 32.00 $ 90.00 $ 2,880.00
6. Pipe (8 IN)(DI)(WL) LF 752.00 $ 30.00 $ 22,560.00
7. Pipe (12 IN)(DI)(WL) LF 0.00 $ 38.00 $ -
8. Pipe (16 IN)(DI)(WL) LF 3675.00 $ 48.00 $ 176,400.00
9. Gate Valve and Box (6 IN) EA 4.00 $ 650.00 $ 2,600.00
10. Gate Valve and Box (8 IN) EA 9.00 $ 800.00 $ 7,200.00
11. Gate Valve and Box (12 IN) EA 0.00 $ 2,200.00 $ -
12. Gate Valve and Box (16 IN) EA 5.00 $ 5,500.00 $ 27,500.00
13. Valve (16 IN)(Butterfly) EA 0.00 $ 5,000.00 $ -
14. Auto Comb Air-Vac Rel Valve Assem (2 IN) EA 2.00 $ 2,300.00 $ 4,600.00
15. Concrete Encasement LF 0.00 $ 20.00 $ -
16. Adjust Existing 16"Waterline EA 0.00 $ 21,000.00 $ -
17. Steel Encasement Pipe (16 IN) LF 508.00 $ 52.00 $ 26,416.00
18. Steel Encasement Pipe (20 IN) LF 0.00 $ 60.00 $ -
19. Steel Encasement Pipe (24 IN) LF 70.00 $ 68.00 $ 4,760.00
20. Trench Safety LF 3350.00 $ 1.00 $ 3,350.00
21. Flush Valve Assembly EA 1.00 $ 2,300.00 $ 2,300.00
TOTAL $ 290,241.00
70%SHARE 203,168.70
5%for F.C. 10,158.44
DEV. COST 213,327.14
EXHIBIT