HomeMy WebLinkAboutRES 061218-R - Agmt MUD 30RESOLUTION NO. i7 6 ��� -- K
A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS,
CONDITIONALLY APPROVING ANNEXATION OF
APPROXIMATELY 3.0 ACRES OF LAND INTO THE BOUNDARIES OF
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 30;
APPROVING THE "FIRST AMENDMENT TO CONSENT
AGREEMENT" BETWEEN THE CITY AND MUD 30 RELATING
THERETO; MAKING CERTAIN FINDINGS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, effective December 5, 2014, ZAMIN, L.P., a Texas limited partnership
(Owner) and the City entered into that certain Consent Agreement pertaining to the
creation of Williamson County Municipal Utility District No. 30 (MUD 30) in the City's
extraterritorial jurisdiction and to the development of approximately 284 acres of land
(+/-), known locally as the Crescent Bluff Subdivision, recorded in the Official Public
Records of Williamson County, Texas as Document No. 2015001494 (the "Original
Consent Agreement"); and
WHEREAS, MUD 30 was created on August 17, 2015 by order of the Texas Commission
on Environmental Quality, an election confirming creation of MUD 30 was held on
November 3, 2015, and MUD 30 has now joined in the Original Consent Agreement.; and
WHEREAS, on June 19, 2017, Owner filed an application to amend the Original Consent
Agreement to, among other things, add approximately 3.0 acres of land into the
boundaries of MUD 30 which is more particularly described by metes and bounds in the
attached Exhibit A (the "Additional Land"), and amend the Land Plan, Land
Development Standards, Parkland, Open Space, and Trails Plan, and Bond provisions;
and
WHEREAS, the Original Consent Agreement provides that MUD 30 is not authorized to
annex additional land into its boundaries without the prior written consent of the City
Council; and
WHEREAS, the terms and conditions of the City's consent to annexation of the
Additional Land into the boundaries of MUD 30 are set forth in the First Amendment to
the Original Consent Agreement (the "First Amendment to Consent A eement"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Resolution No. b
MUD 30 (Crescent Bluff Subdivision)
First Amendment to Consent Agreement
Page 1 of 3
1. The City Council hereby finds that the foregoing recitals are true and correct
and the recitals are hereby incorporated into this Resolution for all purposes as
set forth in full.
2. The City Council hereby approves the First Amendment to the Consent
Agreement attached hereto as Exhibit A.
3. The City Council hereby provides its conditional consent to the annexation of
Additional Land, in whole or in part, into the boundaries of MUD 30 under the
terms and conditions set forth in the First Amendment to Consent Agreement
attached hereto as Exhibit A.
4. The Mayor is authorized to sign this Resolution and the First Amendment to
Consent Agreement attached hereto as Exhibit A and the City Secretary is
authorized to attest.
5. This Resolution shall be effective immediately upon its adoption.
Attachment: Exhibit "A" (the First Amendment to Consent Agreement)
PASSED AND APPROVED on the I DL day of 2018.
ATTEST:
Shelley Ntary
g
lLt
City Secr
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No.
MUD 30 (Crescent Bluff Subdivision)
First Amendment to Consent Agreement
Page 2 of 3
THECITY OF GEORGETOWN:
Dale Ross
Mayor
FIRST AMENDMENT TO
CONSENT AGREEMENT
BY AND BETWEEN:
THE CITY OF GEORGETOWN, TEXAS
AND
ZAMIN, L.P.,
AND
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 30
DATE: Sur js 1 a 12018
Contents
ARTICLEI INTRODUCTION- .............................. -- .................... -- ......................................
1
ARTICLE Il AMENDMENTS TO THE ORIGINAL CONSENT AGREEMENT ................
2
2.01
Amendment to Section 2.01 of the Original Consent Agreement . ................
2
2.02
Amendment to Section 4.05(a) of the Original Consent Agreement. ...........
4
2.03
Amendment to Section 5.04 of the Original Consent Agreement . ................
5
2.04
Amendment to Section 6.01 of the Original Consent Agreement. ................
5
2.05
Amendment to Section 6.05 of the Original Consent Agreement. ................
6
2.06
Amendment to Section 7.03 of the Original Consent Agreement. ................
6
2.07
Amendment to Article VIII of the Original Consent Agreement. ................
7
2.08
Amendment to Section 16.01 of the Original Consent Agreement . ..............
9
ARTICLE
III CONSENT TO ANNEXATION BY THE DISTRICT.....................................11
3.01
Consent to Annexation of the 3.0 Acre Tract...................................................11
ARTICLE
IV MISCELLANEOUS............................................................................................11
4.01
Effect on Original Consent Agreement..............................................................11
4.02
Exhibits.....................................................................................................................12
4.03
Recordation. ...........................................................................................................13
First Amendment to Consent Agreement
Williamson County MUD 30
Page i
FIRST AMENDMENT TO
CONSENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This First Amendment to Consent Agreement (the "First Amendment") is entered
into by and among the City of Georgetown, Texas (the "Cites"), a home -rule city located
in Williamson County, Texas; ZAMIN, L.P., a Texas limited partnership, 6002 Camp
Bullis Rd., San Antonio, TX 78257 (the "Owner"); and Williamson County Municipal
Utility District No. 30, a municipal utility district created pursuant to Article XVI, Section
59 of the Texas Constitution and under Chapters 49 and 54 of the Texas Water Code (the
"District). The City, the Owner, and the District are sometimes referred to herein
collectively as the "Parties."
ARTICLE I
INTRODUCTION
1.01 On December 5, 2014, Owner and the City entered into that certain Consent
Agreement pertaining to the creation of the District in the City's extraterritorial
jurisdiction and to the development of approximately 284 acres of land (+/-) within the
boundaries of the District, known locally as the Crescent Bluff Subdivision, recorded in
the Official Public Records of Williamson County, Texas as Document No. 2015001494
(the "Original Consent Agreement"). The District was created on August 17, 2015 by
order of the Texas Commission on Environmental Quality, an election confirming
creation of the District was held on November 3, 2015, and the District has now joined in
the Original Consent Agreement.
1.02 On June 19, 2017, Owner filed an application to amend the Original Consent
Agreement to, among other things, add land to the District, and amend the Land Plan,
Land Development Standards, Parkland, Open Space, and Trails Plan, and Bond
provisions (the "Amendment Application").
1.03 Owner and the City intend that the purpose of this First Amendment is to
set out the mutually agreeable terms and conditions relating to the Amendment
Application.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, the Parties contract as follows.
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 1
ARTICLE II
AMENDMENTS TO THE ORIGINAL CONSENT AGREEMENT
2.01 Amendment to Section 2.01 of the Original Consent Agreement. Section
2.01(y) of the Original Consent Agreement, pertaining to the definition of "Land
Development Standards;" Section 2.01(z) of the Original Consent Agreement, pertaining
to the definition of "Land;" Section 2.01(aa) pertaining to the definition of "Land Plan;"
Section 2.01(bb) pertaining to the definition of "Laredo WO Agreement;" Section 2.01(oo)
pertaining to the definition of "Public Infrastructure;" and Section 2.01(vv) pertaining to
the definition of "UDC," are hereby deleted and replaced in their entirety with the
following, and new Section 2.01(yy) "First Amendment," Section 2.01(zz) "Original
Consent Agreement," Section 2.01(aaa) "Temporary Fire Access Road," and (bbb) "First
Amendment Effective Date," are hereby added to the Original Consent Agreement as
follows:
(z) Land: means 106 acres of land out of the Isaac Donagan Survey,
Abstract No. 178, situated in Williamson County, Texas, being a
portion of that certain 192.314 acre tract of land conveyed to Laredo
W.O., Ltd. by deed of record in Document No. 2007014289 of the
Official Public Records of Williamson County Texas (the "Zamin
Tracts"); plus approximately 178 acres of land out of the Isaac
Donagan Survey, Abstract No. 178 situated in Williamson County,
Texas, being three parcels of Dennis L. Chapman, Jr., et. ux, part of
the tract called 73.74 acres as described in Document No. 9545414 of
the Official Public Records of Williamson County Texas; and all of
the 0.02 acre parcel described in Document No. 9641813 of the
Official Public Records of Williamson County Texas, and all of the
property called 104.195 acres described in Document No.
2001030778, and 10.0 acres of the Isaac Donagan Survey, Abstract
No. 178, part of the tract called 73.74 acres as described in a deed to
Dennis L. Chapman, Jr., et. ux, as filed in Document No. 9545414 of
the Official Public Records of Williamson County, Texas
(collectively, the "Chapman Tractz"); plus 3.0 acres of land out of the
Isaac Donagan Survey, Abstract No. 178, situated in Williamson
County, Texas, being part of the same property called 104.195 acres
Also referred to on Exhibit A to the Original Consent Agreement as the "Lowry Tract."
2 Also referred to on Exhibit A to the Original Consent Agreement as "Galo Properties."
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 2
as described in a deed to Glenna M. Cole as filed in Vol. 588, Page
862, of the Deed Records of Williamson County, as described in
Document No. 2015013369 of the Official Public Records of
Williamson County Texas being a General Warranty Deed from
William R. Tomas, Independent Executor of the Estate of Glenna M.
Cole aka Glenna Mae Cole, Deceased, to Zamin, L.P., a Texas limited
partnership (the "3.0 Acre Tract"). Together, the Zamin Tract,
Chapman Tract, and 3.0 Acre Tract, comprise the "Land," and
consist of approximately 287 acres of land, more or less, located in
the City's ETJ, both the Zamin Tract and the Chapman Tracts being
described by metes and bounds on Exhibit A and shown by sketch
on Exhibit B attached to the Original Consent Agreement, and the
3.0 Acre Tract described by metes and bounds on Exhibit A-1
attached to the First Amendment. A sketch of the Land, as amended
to include the 3.0 Acre Tract, is attached to the First Amendment as
the First Amended Exhibit B.
(aa) Land Plan: means the plan attached to the First Amendment as the
First Amended Exhibit D. Beginning on the First Amendment
Effective Date, all references in the Original Consent Agreement to
the Land Plan and/or to Exhibit D shall mean and refer to the First
Amended Exhibit D attached to the First Amendment.
(bb) Laredo WO Agreement: means the land within the definition of the
term "Property" as defined in that certain "Amended and Restated
Development Agreement Concerning the Water Oak Subdivision
(f/k/a ABG Subdivision)," dated to be effective on March 14, 2012,
and recorded in the Official Public Records of Williamson County,
Texas as Document No. 2012027884, which was amended by the
"First Amendment to the Amended and Restated Development
Agreement Concerning the Water Oak Subdivision," dated to be
effective on November 11, 2015, and recorded in the Official Public
Records of Williamson County, Texas as Document No. 2016008515
pertaining to approximately 1,354.715 acres of land, more or less,
described more particularly in those agreements and known locally
as the Water Oak Subdivision in Williamson County, Texas.
(oo) Public infrastructure: means and includes, without limitation, Phase
C-2 of the SSGI (if required to be constructed by Owner or District),
Phase D of the SSGI, the South San Gabriel Trail Improvements, and
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 3
all other water, wastewater, drainage, water quality, parks and
recreation, roadway and public safety improvements acquired,
installed, or constructed to serve the Land, including both the On -
Site Public Infrastructure and the Off -Site Public Infrastructure.
(vv) UDC: The definition and applicability of the UDC is as described in
Section 1 of the First Amended Exhibit E.
(yy) First Amendment: means the First Amendment to the Original
Consent Agreement.
(zz) Original Consent Agreement: means that certain Consent
Agreement pertaining to the creation of the District in the City's
extraterritorial jurisdiction and other provisions related to the
development of approximately 284 acres of land (+/-)known locally
as the Crescent Bluff Subdivision, recorded in the Official Public
Records of Williamson County, Texas as Document No. 2015001494.
(aaa) Temporary Fire Access Road: means the private road to be
constructed by Owner or the District providing temporary access for
fire and other public safety and emergency vehicles and personnel
between the Land (as shown on the First Amended Land Plan
attached to the First Amendment as the First Amended Exhibit D)
and the Water Oak development, and conforming to the
requirements of the First Amendment.
(bbb) First Amendment Effective Date: means the latest date
accompanying the signatures of the duly authorized representatives
of the Parties on the First Amendment.
2.02 Amendment to Section 4.05(a) of the Original Consent Agreement.
Section 4.05(a) of the Original Consent Agreement is hereby deleted in its entirety and
replaced with the following:
4.05(a) Maximum maturity of twenty-five (25) years from date of
issuance for any one series of bonds; and
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 4
2.03 Amendment to Section 5.04 of the Original Consent Agreement. Section
5.04 of the Original Consent Agreement is hereby deleted in its entirety and replaced with
the following:
5.04 Bridge Payment. Owner and the District agree that the
"Bridge" (as that term is defined and described in the Laredo WO
Agreement) to be constructed by Laredo WO, Ltd., pursuant to the
Laredo WO Agreement will benefit from the provision of emergency
services and facilitate transportation access to, from and through the
Land; therefore, as additional consideration for the First
Amendment, Owner or the District shall pay to the City ONE
MILLION U.S. DOLLARS ($1,000,000.00) (the `Bridge Payment") as
a contribution toward the cost of the 'Bridge." The Bridge Payment
shall be paid by Owner or District on or before the first to occur of
any of the following events/dates:
(a) Recordation of the Final Plat for all or any portion of Phases
5, 9, 10 or 11 of the Land as said phases are shown on the First
Amended Land Plan attached to the First Amendment as the
First Amended Exhibit D; or
(b) The later of recordation of the Final Plat containing the 500th
residential lot anywhere in the Water Oak Subdivision (i.e.,
the land included within the definition of the term "Property"
in the Laredo WO Agreement) or the issuance of the 475th
building permit anywhere in the Water Oak Subdivision (i.e.,
the land included within the definition of the term "Property"
in the Laredo WO Agreement); or
(c) January 31, 2022.
2.04 Amendment to Section 6.01 of the Original Consent Agreement. Section
6.01 of the Original Consent Agreement pertaining to "Land Plan" is hereby deleted in
its entirety and replaced with the following:
6.01 Land Plan. The City Council hereby approves the First
Amended Land Plan attached to the First Amendment as the First
Amended Exhibit D the First Amended Land Development
Standards attached to the First Amendment as the First Amended
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 5
Exhibit E, the First Amended Parkland, Open Space and Trails Plan
attached to the First Amendment as the First Amended Exhibit G,
and use of the Land as follows: Up to 710 single family residential
homes, 74 townhome units, and no fewer than five (5) different lot
sizes so as to create a variety of housing types; "Neighborhood
Commercial" uses (as that term is defined in the UDC); and open
space, parkland, and amenity areas as generally shown on the Land
Plan or more specifically provided in this Agreement. All
development of the Land must be in compliance with the First
Amended Land Plan attached to the First Amendment as the First
Amended Exhibit D. the First Amended Land Development
Standards attached to the First Amendment as the First Amended
Exhibit E, the First Amended Parkland, Open Space, and Trails plan
attached to the First Amendment as the First Amended Exhibit G, the
Original Consent Agreement as amended by the First Amendment,
and the Governing Regulations.
2.05 Amendment to Section 6.05 of the Original Consent Agreement. New
subsection 6.05(e) is hereby added to the Original Consent Agreement and shall provide
as follows:
6.05 Easements
(e) Temporary Fire Access Road Easement.
Notwithstanding the requirements of Section 6.05(a) of the Original
Consent Agreement, prior to and as a condition of the City's
approval of construction plans for any Public Infrastructure to be
constructed in Phases 2 or 3 of the Land (as said phases are shown
on the First Revised Land Plan attached to the First Amendment as
First Aineitcied F,xhibit U), Owner shall convey to the City a fully -
executed, recordable Temporary Fire Access Road Easement for the
Temporary Fire Access Road, the general location of which is shown
on Exhibit Q attached to the First Amendment, and generally being
in the form shown on Exhibit R attached to the First Amendment
(with only such revisions as approved by the City Attorney).
2.06 Amendment to Section 7.03 of the Original Consent Agreement. Section
7.03 of the Original Consent Agreement pertaining to "Open Space, Parkland, Internal
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 6
Trails and Other Recreational Facilities" is hereby deleted in its entirety and replaced
with the following:
7.03 Open Space, Parkland, Internal Trails, and Other Recreational
Facilities. Owner shall provide parkland, open space, and trails in
the acreages and areas shown on the First Amended Parkland, Open
Space, and Trail Plan attached to the First Amendment as the First
Amended Exhibit G. Such items, if provided and/or constructed, will
be conveyed to, operated, and maintained by the District for
ownership, operation, and maintenance. The District agrees not to
convey or transfer any open space, parkland and trails or any
improvements located thereupon to a property owners association
without the prior written approval of the City Council. The District
agrees to operate and maintain the open space, parkland and
internal trails and all improvements located therein in a good state
of repair and in accordance with City standards and all Applicable
Laws, and in a manner so as not to create a nuisance or danger to the
public health and safety. The City will have no obligation to operate
or maintain the open space, parkland and internal trails or any
improvements located thereon.
2.07 Amendment to Article VIII of the Original Consent Agreement. Section
8.03 "Temporary Fire Access Road" is hereby added to the Original Consent Agreement
and shall provide as follows:
Section 8.03 Temporary Fire Access Road.
(a) Easement. In accordance with the terms and conditions of new
Section 6.05(e) (added to the Original Consent Agreement by the
First Amendment), Owner shall provide to the City the Temporary
Fire Access Road Easement.
(b) Construction Plans. Owner has prepared and submitted to the City
for its review and approval, construction plans (Con -2017-028) for
the Temporary Fire Access Road, in conformance with the
specifications and standards set forth on Exhibits Q and R attached
to the First Amendment. Said construction plans for the Temporary
Fire Access Road must be submitted simultaneously with the first to
be submitted of the construction plans for any Public Infrastructure
to be placed in Phase 2 or3 of the Land, as said phases are shown on
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 7
the First Amended Land Plan attached to the First Amendment as
the First Amended Exhibit D.
(c) Fiscal Security Requirements for Temporary Fire Access Road.
(1) Warranty; Fiscal Security for Maintenance. Owner hereby
warrants that the Temporary Fire Access Road shall be free of
defects for the Maintenance Period (defined below). During
the Maintenance Period, Owner shall correct and repair, or
cause to be corrected and repaired, any defects in materials or
workmanship of the Temporary Fire Access Road that are
discovered before and during the Maintenance Period due to
any cause. To secure its obligation to maintain the Temporary
Fire Access Road during the Maintenance Period, Owner
shall post an irrevocable letter of credit for the benefit of the
City, acceptable in form and substance to the City, in the
amount of 25% of the City -approved engineer's estimate of
the construction cost of the Temporary Fire Access Road. For
the purposes of this Section, the Maintenance Period
commences on the date of receipt of the City's written
confirmation of substantial completion of construction of the
Temporary Fire Access Road and Phase 3, and ends on the
day that is one day after Williamson County has accepted all
of the public roadways in Phases 2, 3 and 4 of the Land (as
said phases are shown on the First Amended Land Plan
attached to the First Amendment as the First Amended
Exhibit D).
(2) Effect of Failure to Provide Fiscal Security. The City shall
have no obligation to issue building permits, approve
construction plans for Public Infrastructure, or authorize any
activities requiring City approval in Phases 2 or 3 of the Land
(as said phases are shown on the First Amended Land Plan
attached to the First Amendment as the First Amended
Exhibit D) unless and until the fiscal security instrument for
the maintenance of the Temporary Fire Access Road has been
accepted by the City and remains in full force and effect for
the required duration.
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 8
(d) Additional Requirements. Owner shall also comply with the
following additional provisions with respect to the Temporary Fire
Access Road:
(1) Except as permitted in subsection (d)(3) below, Owner shall
not cause or allow any action or inaction which would impede
or impair access for fire and emergency service vehicles and
personnel on the Temporary Fire Access Road.
(2) No building or other permits in Phases 2 or 3 shall be issued
by the City until all Public Infrastructure improvements in
Phases 2 and 3 of the Land (as said phase are shown on the
First Amended Land Plan attached to the First Amendment
as the First Amended Exhibit D) are fully constructed and all
have been accepted for ownership and maintenance by the
governmental entity having jurisdiction.
(3) Owner must notify and coordinate with, or cause its
contractor to notify and coordinate with, the Georgetown Fire
Department at least two (2) business days in advance for any
potential closures of the Temporary Fire Access Road lasting
more than 24 hours.
2.08 Amendment to Section 16.01 of the Original Consent Agreement. Section
16.01 of the Original Consent Agreement pertaining to Notice is hereby deleted in its
entirety and replaced with the following:
16.01 Notice. Any notice given under this Agreement must be in
writing and may be given: (i) by depositing it in the United States
mail, certified, with return receipt requested, addressed to the party
to be notified and with all charges prepaid; or (ii) by depositing it
with Federal Express or another delivery service guaranteeing "next
day delivery", addressed to the party to be notified and with all
charges prepaid; or (iii) by personally delivering it to the party, or
any agent of the party listed in this Agreement. Notice by United
States mail will be effective on the earlier of the date of receipt or
three (3) days after the date of mailing. Notice given in any other
manner will be effective when received. For purposes of notice, the
addresses of the parties, until changed as provided below, will be as
follows:
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 9
City: City of Georgetown
113 E. 8th Street
Georgetown, Texas 78626
AFTER 11112019:
808 Martin Luther King Street
Georgetown, Texas 78726
or
P.O. Box 409
Georgetown, Texas 78627
Attn: City Manager
With a copy to:
City Attorney
P.O. Box 409
Georgetown, Texas 78627
Attn: City Attorney
Owner: ZAMIN, L.P.
6002 Camp Bullis Rd
San Antonio, TX 78257
Attn: Dr. G. P. Singh
With a copy to:
Athena Domain, Inc.
17503 LaCantera Parkway
Suite 104-451
San Antonio, TX 78257
Attn: Rajeev Puri
District: Ronald J. Freeman
Attorney at Law
102 N. Railroad Avenue
Pflugerville, TX 78660-2767
The Parties may change their respective addresses to any other
address within the United States of America by giving at least five
(5) days' written notice to the other party. The Owner and the
District may, by giving at least five (5) days' written notice to the
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 10
City, designate additional parties to receive copies of notices under
this Agreement.
ARTICLE III
CONSENT TO ANNEXATION BY THE DISTRICT
3.01 Consent to Annexation of the 3.0 Acre Tract. The City Council hereby
consents to the annexation by the District into the boundaries of the District of the 3.0
Acre Tract described on Exhibit A-1 attached to the First Amendment, provided that said
3.0 Acre Tract shall be subject to the terms and conditions of the Original Consent
Agreement, as amended by the First Amendment.
ARTICLE IV
MISCELLANEOUS
4.01 Effect on Original Consent Agreement.
(a) Defined Terms. Except as otherwise provided herein, other terms
which are not defined in the First Amendment but which are
delineated with initial capital letters and are defined in the Original
Consent Agreement will have the same meanings in the First
Amendment as in the Original Consent Agreement.
(b) Effect on Original Consent Agreement. Except as amended by the
First Amendment, all terms and conditions of the Original Consent
Agreement shall remain in full force and effect.
(c) Recitals. The Recitals set forth in Article I, above, are hereby found
by all Parties to be true and correct and are incorporated herein and
made part of the First Amendment.
(d) Multiple Counterparts. To facilitate execution, the First
Amendment may be executed in any number of counterparts, and it
will not be necessary that the signatures of all parties be contained
on any one counterpart, and the signature pages from separate,
individually executed counterparts may be combined to form
multiple, fully executed counterparts. All executed counterparts of
the First Amendment shall be deemed to be originals.
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 11
(e) Exhibits to First Amendment. The Exhibit List for the Original
Consent Agreement is hereby revised to provide as follows, and all
new or amended exhibits are incorporated by reference into the
Original Consent Agreement for all purposes as if set forth in full:
Ref in
3.0 Acre Tract - metes and bounds description
First Amended Exhibit B
Land - sketch (updated to add 3.0 Acre Tract)
Ref in First Amendment
First Amended Land Plan
Original
First Amended Land Development Standards
First Amended Exhibit G
First Amended Parkland, Open Space and Trails Plan
to Original Consent
Description
Consent
Form of Temporary Fire Access Easement
Agreement
Agreement
Exhibit A-1
3.0 Acre Tract - metes and bounds
description
Exhibit B
First Amended Exhibit B
Land - sketch (updated to add 3.0
Acre Tract
Exhibit D
First Amended Exhibit D
First Amended Land Plan
Exhibit E
First Amended Exhibit E
First Amended Land Development
Standards
Exhibit G
First Amended Exhibit G
First Amended Parkland, Open
Space and Trails Plan
Exhibit Q
Location of Temporary Fire Access
Easement
Exhibit R
Form of Temporary Fire Access
Easement
4.02 Exhibits. The following exhibits are attached to the First Amendment, and
made a part hereof and of the Original Consent Agreement for all purposes.
EXHIBIT LIST - FIRST AMENDMENT:
Exhibit A-1
3.0 Acre Tract - metes and bounds description
First Amended Exhibit B
Land - sketch (updated to add 3.0 Acre Tract)
First Amended Exhibit D
First Amended Land Plan
First Amended Exhibit E
First Amended Land Development Standards
First Amended Exhibit G
First Amended Parkland, Open Space and Trails Plan
Exhibit Q
Location of Temporary Fire Access Easement Road
Exhibit R
Form of Temporary Fire Access Easement
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 12
4.03 Recordation. This Agreement shall be recorded in the records of
Williamson County at Owner's expense. Owner shall obtain and record subordination
agreements for any lender liens or security interests that are prior to the time of
recordation of this Agreement.
[THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK.]
[SIGNATURE PAGES IMMEDIATELY FOLLOW.]
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 13
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the
dates indicated below.
CITY:
CITY OF GEORGETOWN, TEXAS
By: (� 4 '& �L
Dale Ross, M yor
Date: La �L�-,3LDI
ATTEST:
Shelley Nowlin 'ty Secretary
01"'1 0
APPROVE TO FORM:
Gam'
Charlie McNabb, City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the 16/*, day of
2018, by Dale Ross, Mayor of the City of Georgetown, Texas, a
h e�-rule city, on behalf of the City.
:ie"'sem LINDARUTHWMITE
My Notary ID # 124938123
=�Exores May 24, 2020
Ile �st•
N ary Publi nature
Printed Name: it n 1
My Commission Expires: ao
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 14
OWNER:
ZAMIN, L.P., a Texas limited partnership
LIM
By: Gur Parsaad Management, LLC, a
Texas limited liability company, its:
general partner
G.P. Singh, President
Gur Parsaad Management, LLC
Date:
STATE OF §
COUNTY OF §
This instrument was acknowledged before me the day of
2018, by G.P. Singh, in his capacity as President of Gur Parsaad
Management, LLC, a Texas limited liability company, the general partner of ZAMIN,
L.P., a Texas limited partnership, on behalf of ZAMIN, L.P.
Notary Public Signature
Printed Name:
My Commission Expires:
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 15
DISTRICT:
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 30
By:
Name:
Title:
Date:
ATTEST:
Name:
Title:
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the day of
2018, by Rob Glenn, President of Williamson County Municipal
Utility District No. 30, a special district formed and operating under Chapters 49 and 54
of the Texas Water Code.
Notary Public Signature
Printed Name:
My Commission Expires:
First Amendment to Consent Agreement
Williamson County MUD 30 (Crescent Bluff Subdivision)
Page 16
EXHIBIT A-1
Metes and Bounds Description of the 3.0 Acre Tract (Deed)
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
FOREST SURVEYING AND MAPPING CO.
T.B.P.L.S Firm # 10002000
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR WILLIAM R. THOMAS, I.E. — ZAMIN L.P. DIVISION FOR ADJOINER
BEING 3.00 ac. of the Isaac Donagan Survey, Abstract No. 178, in Williamson County, Texas,
part of the same property called 104.195 acres as described in a deed to Glenna M. Cole as filed in Vol.
588, Pg. 862, of the Deed Records of Williamson County, Texas (DRWCT). This tract was surveyed
on the ground in February of 2015, under the direction of William F. Forest, Jr., Registered
Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the State Plane
Coordinate System, Grid North, Texas Central Zone.
COMMENCING at a capped 1/2 inch iron pin which was set for the upper Northeast corner of
the said tract of Glenna Cole that was called 104.195 ac., and at the most Northerly East corner of a
tract of 104.45 acre (West Tract) that was surveyed in March of 2014. This corner exists at the
Northwest corner of the property called 104.195 acres as described in a deed to Dennis L. Chapman,
Jr., et. ux., of record in Doc. 2001030778, and at the Northwest corner of a property that is described in
a deed to Zamin L.P. (East Parcel 168.62 ac.) as filed in Doc. 2014103274.
THENCE with the upper East boundary of the property that was conveyed to Glenna Cole,
and with the upper West boundary of the property that was conveyed to Zamin L.P. , generally along
or near an existing fence, S 01°33'32" E 2379.96 feet to an iron pin which was set at a fence corner (1'
S.W. of a fence corner).
THENCE along or near the general line of an existing fence, with the common boundary
between the property that was conveyed to Glenna Cole, and a boundary of the property that was
conveyed to Zamin L.P., (formerly Dennis Chapman as occupied on the ground); S 62°25'32" E 691.50
feet to a capped 1/2 inch iron pin that was set for the POINT OF BEGINNING.
THENCE S 62025'32" E 56.12 feet to a capped iron pin which was found.
THENCE with the common boundary between the property of Glenna Cole and Zamin L.P.,
finding iron pins at fence corners as follows; N 66°25155" E 400.69 feet; S 56°21'57" E 133.16 feet;
S 04°08'17" W 318.28 feet; and N 75°12'54" W 564.40 feet to an iron pin which was found at a fence
corner.
THENCE N 19049'38" E 118.93 feet to the POINT OF BEGINNING.
I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property
legally described hereon, under my supervision. This description is true and correct to the best of my
knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in
area, apparent protrusions, intrusions or overlapping of improvements. Ownership and easement
information for this tract has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas,
this the 17TH day of February of 2015, A.D. File: Cole 3 acres.doc
—� WM . F . FOREST JR.
.........................
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847 ...........................
EXHIBIT B
Sketch of the Land Updated to Include 3.0 Acre Tract
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
ma n e
OC SON 101 aio ALnun ivdmnem
J -
k r 1
P t /C� Y jpl
m -K
► i} }! r
hill,!r fl
Q i5
-401
I —^ 111
fr �� III
7Jj � t•f_ � ■ � y$
�yc y f kl'
� I p
�g �
00
ill
k u
r I
r s
I � I
�t
� E7� S 4 � � ■r tL Y. .c -i I,. 'i � 1 � t�� : � a Y � � } � e it �'�f t 3I
a tl� 1
i! : .Fli _I.7al# -�_' I•I c ISI'- a - IQ's I �I: 2IE�c
F Ii.'e 101, i 'k
�.- C L. 1 ' - . - • . _ "�S I�S i 9 ; i g !J 7 7 SIiyll% !Al1� ?i 3 1 3 fA IS ! 9
b
•t Y� ��y ��� �ip ��� ���IY
FIRST AMENDED EXHIBIT D
First Amended Land Plan
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
Paww 14 rx.. 20 — — — — —
rl
RICR4
PHPSE $IX
MASE Enw
ll FFWSE SEVEN
46
P71A.f taw
NA-
Pma
h ETT J t f ` WATER avc
PHASE TEN }'I
i i f
t i f
•Y 4
CRESCENT BLUFF
CONCEPT PLAN
WATER OAK
Stantec
LEGEND
P—I P-2
ffi— ffi—
Ruses IKy
IR 1Mf1
22 )0
mi
IK71Pi
32
!{
0 IN
mllliiiIIIiii VW3
0
371P1
iM
IY
k M
7s sa !M
Future PhaseP7wP6
/Ilw2 llr�s Pn— F w ftuse3( 4m
T. -1e s.�,.e=,<���..,.
o
e u
wnMuuspsw.pre umvr+as33
6 00 !!
lol Sire4
0
0 0
4 66 73 Iy
0e5
U
12 0
34 p l27
lot Sixe6
Q
55
0 0 55
/KYl
43
M, iP
u as I1 415
[ommertial:
.64 6 ac
_LKS
2,7 .<.
.
1 f
WATER OAK
Stantec
FIRST AMENDED EXHIBIT E
First Amended Land Development Standards
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
Last updated 6/1/2018
First Amended Exhibit E
Land Development Standards
Notwithstanding any other provisions to the contrary in the Consent Agreement by and
between the City of Georgetown, Zamin, L.P., and Williamson County Municipal Utility
District No. 30 dated to be effective on December 5, 2015 and filed in the Official Public
Records of Williamson County, Texas as Document No. 2015001494 (the "Original
Consent Agreement"), as amended by the First Amendment to the [Original] Consent
Agreement (the "First Amendment") (the Original Consent Agreement and the First
Amendment" are sometimes referred to herein as "the Agreement") the Land
Development Standards provided for in this First Amended Exhibit E shall prevail over
any other conflicting provisions of the Agreement and shall wholly supersede and
replace the version of Exhibit E attached to the Original Consent Agreement.
1. Application of the UDC:
The 106 -acre "Zamin Tract" as defined by Exhibit A (metes and bounds) attached to the
Original Consent Agreement' and as approved for preliminary plat (PP -2012-017) by City
Planning and Zoning Commission on August 6, 2013, shall be developed in accordance
with said approved preliminary plat, except as otherwise provided in this First Amended
Exhibit E.
The development of the 178 -acre "Chapman Tract" as defined by Exhibit A A (metes and
bounds) attached to the Original Consent Agreement2 shall comply with the UDC in
effect as of June 1, 2014, except as outlined below.
The 3.0 -Acre Tract defined by Exhibit A-1 (metes and bounds) attached to the First
Amendment shall comply with the UDC in effect as of June 19, 2017, except as outlined
below.
2. Setbacks:
Lot Type Front Setback Side Setback Rear Setback Side Setback
by Street
Zero Lot Line Lots 20" 0' and 10' 10' 1 10'
1 Also referred to on Exhibit A to the Original Consent Agreement as the "Lowry Tract.
z Also referred to on Exhibit A to the Original Consent Agreement as "Galo Properties.
First Amended Exhibit E Page 1
Land Development Standards
WCMUD 30 (Crescent Bluff)
Last updated 6/1/2018
* Front setback may be decreased to 15' to accommodate tree preservation.
3. Fencing material:
The Project (i.e., all development on the "Land," as that term is defined in the Agreement))
shall include masonry and wrought iron fencing at boundaries of the Project adjacent to
and facing State Highway 29. The fence shall be between five feet (5) and six feet (6) in
height. Fence materials may include other materials like Core Ten or decorative treated
timbers to enhance the aesthetics design of the fence.
4. Trees:
The Project shall retain no less than 90% of all pre -development single -trunk Heritage
Trees and 70% of all pre -development multi -trunk Heritage Trees. In an effort to
compensate for the tree removal, the Project will commit to the following:
(a) Front yard trees in accordance with the UDC.
(b) Trees shall be planted parallel to Highway 29 in the buffer area.
(c) Trees shall be planted in the medians in the collector streets.
(d) Trees shall be planted within the open spaces, including along the City's regional
trail.
(e) The Project shall follow the UDC mitigation requirements for removal of Heritage
Trees, including, at the Owner's choosing, additional tree plantings, tree fund
contributions, tree re -location, national supplements, and all other available
options for the developer to complete the tree mitigation plan during the platting
process.
(f) In order to provide ample opportunities to protect trees during the construction
process, the Project shall be allowed to delay any applicable tree mitigation
payments to final plat recordation, but only if construction occurs prior to plat
recordation.
(g) Approximately 17 acres of open space shall be preserved in their natural state.
(h) Approximately 24 acres of open space shall be maintained by the District as
parkland.
5. Land Uses:
Allowed Uses:
The majority of the Project shall be developed as a single family residential subdivision,
with land allocated for up to 74 townhome units and neighborhood -serving retail as
shown on First Amended Exhibit C attached to the First Amendment. The Commercial
First Amended Exhibit E Page 2
Land Development Standards
WCMUD 30 (Crescent Bluff)
Last updated 6/1/2018
portion of the Project shall be developed in accordance with the uses and standards
provided for in the UDC's C-1 zoning district. The townhome portion of the Project shall
be located on the Chapman Tract and developed in accordance with the standards
provided in the UDC's TH zoning district. The 3.0 Acre Tract (as that term is depicted
and defined in the First Amendment) shall be used solely for drainage, water quality,
stormwater detention/retention, water, wastewater and other similar utility purposes;
streets; landscaping; lighting; amenities; trails; open space; or other similar public
purposes.
Prohibited Uses:
The following uses shall be prohibited within the Project:
(i) night club;
(ii) central laundry or dry cleaning plant or laundromat (except that this
prohibition shall not be applicable to on-site laundry service provided solely for pickup
and delivery by the ultimate consumer or laundry services provider:
(iii) automobile, truck, trailer or R.V. repair;
(iv) mortuary or funeral service;
(v) bingo club;
(vi) flea market;
(vii) any establishment selling or exhibiting pornographic materials;
(viii) any use which is a public or private nuisance, in the sole discretion of the
District
(ix) any smelting or industrial use;
(x) any use which would cause noxious or offensive odors;
(xi) commercial blood plasma centers;
(xii) scrap and salvage services;
(xiii) heavy manufacturing;
(xiv) any dumping, disposing, incinerating, or reducing of garbage (exclusive of
dumpsters for the temporary storage of garbage and any garbage compactors. in each
case which arc regularly emptied so as to minimize offensive odors);
(xv) no residential lots shall be allowed on the 3.0 -Acre Tract; and
(xvi) any use listed as requiring a Special Use Permit in the C-1 District.
6. Impervious Cover:
The Project shall have a maximum overall impervious cover limitation of 43.2%.
The portion of the Land consisting of the 106 acre tract, sometimes referred to in the
Agreement as the Zamin Tract, which has an approved preliminary plat (PP -2012-017)
known as Crescent Bluff, is hereby granted more impervious cover than was expressly
First Amended Exhibit E Page 3
Land Development Standards
WCMUD 30 (Crescent Bluff)
Last updated 6/1/2018
approved with the Preliminary Plat of that tract. The approved phases for the Preliminary
Plat shall be granted the following maximum impervious cover percentages, not to
exceed 50% over the entire 106 acres.
Phase 1-46%
Phase 2 -49%
Phase 3 -54%
Phase 4 -52%
Phase 5 -48%
The portion of the Land consisting of the 178 -acre tract, sometimes referred to in the
Agreement as the Chapman Tract, shall be restricted to a maximum impervious cover of
38% total. During the preliminary plat stage each development phase, if applicable, shall
be assigned a maximum allowed impervious cover, provided the composite impervious
cover does not exceed 38% for the Chapman Tract.
All residential lots on the Zamin Tract and the Chapman Tract shall be limited to a
maximum impervious cover of 55% per lot, except that up to 140 lots on the Zamin Tract
that are 6,000 square feet or less in size shall be allowed up to 60% impervious cover per
lot, and the Townhomes on the Chapman Tract shall be allowed up to 65% impervious
cover. Non-residential Lots shall have a maximum 55% impervious cover unless granted
available waivers, as provided in the Unified Development Code.
7. Landscaping:
Focus on native plants, in accordance with City's preferred plant list, with repeated areas
of focus throughout the Project will enhance the Project and ensure healthy mix or
vegetation that can handle the variations in the weather. Protection of sensitive features
will be paramount and buffers shall be included in design.
8. Street Lights and Signs:
The Project shall use specialty/decorative street lights and street signs as approved by
the Cityfor Phase 1.
9: Age Restricted Units:
The Project shall not have age restricted residential units.
First Amended Exhibit E
Page 4
Land Development Standards
WCMUD 30 (Crescent Bluff)
FIRST AMENDED EXHIBIT G
First Amended Parkland, Open Space, and Trails Plan
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
LEGEND
Amenityty Ce
«/-33ac
Water Quality FeaNrez
«/-e lac
IxINM
eawez�Rmammen�al
.l-Ti1r
./-il.lk
Total Open Spatt
./-la9x.
Oxnlapa �Y
n.�F,�lpak eFa>em.n,
H
-
CRESCENT BLUFF
Lr.. t•. r.a
PARKLAND, OPEN SPACE & TRAILS �Stantec
EXHIBIT
Location of the Temporary Fire Access Easement
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
o
O
g
Fe
i=y1
R F `g R '� o
=w�H
bb;Sk1oG
6-p•5slot Po IOSO-ZIOZIIsQdZO0ES90IIx\wipd ofsa6uo4�lol OLSULIOZ\�Uom �kw�;'0wd01211014plBlgi
\1Vld 7.�fYPRYAu�IkK��C9C0I��0NI7o1(Rxy�:A
EXHIBIT R
Form of Temporary Emergency Access
Easement
First Amended Exhibit
First Amended Consent Agreement Williamson County MUD 30
(Crescent Bluff Subdivision)
TEMPORARY EMERGENCY ACCESS EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That, ZAM, L.P., a Texa limited parhiership ("GRANTOR"), for and in consideration
of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration, in
hand paid to GRANTOR by the CITY OF GEORGETOWN, TEXAS, a Texas home rule
municipality ("GRANTEE"), the receipt of which is hereby acknowledged, have GRANTED,
SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said
GRANTEE, certain rights and interests in the nature of a temporary access easement for ingress
and egress on and through the following described property by emergency vehicles, including but
not limited to fire engines, police vehicles and ambulances:
Being all that certain tract, piece or parcel of land lying and being situated
in the County of Williamson, State of Texas, being more particularly
described by metes and bounds in Exhibit A and by diagram in Exhibit B
attached hereto and made a part hereof for all purposes (herein sometimes
referred to as the "Easement Area" or the "Pro e ").
upon, over, and across said property as herein described. The foregoing easement shall in no way
be construed as a dedication of any roadways to the public.
Grantor, its successors and assigns shall bear all responsibility for maintenance of the
Easement Area and improvements and hereby agrees to ensure the serviceability of the Easement
Area for access by emergency responders. Grantor hereby agrees to (1) construct and maintain an
all-weather access road, being a minimum width of 20', having a minimum vertical clearance of
13' 6" and capable of withstanding a load not less than 75,000 pounds ("Road"); and (2) complete
construction of the Road prior to completion of construction of any home or structure in the
Crescent Bluff Phase 2 or 3, whichever should occur first. Grantor acknowledges that in the
event that Grantor fails to construct the Road as specified or fails to construct the Road within the
time allotted herein, Grantee shall have the right to construct the Road at the sole cost and expense
of Grantor, and deny issuance of further residential or other construction permitting until the Road
has been completed at Grantor's sole cost and expense.
This easement shall remain in full force and effect until such time as (1) Grantee is
provided, and does accept, sufficient access rights as to provide all weather, unimpeded access to
the Crescent Bluff Phase 4 Subdivision neighborhood, the sufficiency of the said rights shall be
by the sole determination of Grantee; and (2) following Grantee's written request, Grantor removes
the Road and any attendant improvements and restores the underlying property, at the sole cost of
Grantor.
This easement, and the rights and privileges granted by this conveyance, are non-exclusive.
However, Grantor hereby covenants that Grantor and Grantor's successors and assigns shall not
convey any other easement, license, or conflicting right to use the easement or any portion thereof
TEMPORARY EMERGENCY ACCESS EASEMENT PAGE 1
in any manner that will interfere with the use for which this easement as granted.
TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF
GEORGETOWN, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby
bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights
and interests unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, against
every person whomsoever lawfully claiming, or to claim same, or any part thereof.
EXECUTED this day of , 2018.
GRANTOR
ZAlMIN, L.P., a Texas limited partnership
By: Gur Parsaad Management, LLC, a
Texas limited liability company, its
general partner
By:
G.P. Singh, President
Gur Parsaad Management, LLC
Date:
STATE OF' TEXAS �
COUNTY OF BLXAR
This instrument was acknowledged before me the __— (lay of
2018, by G.P. Singh, in his capacity as President of Gur Parsaad
Management, LLC, a Texas limited liability company, the general partner of ZAM11N, L.P., a
Texas limited partnership, on behalf of ZAMIN, L.P.
Notary Public Signature
Printed Mame:
My Commission Expires:.
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
TEMPORARY EMERGENCY ACCESS EASEMENT PAGE 2