HomeMy WebLinkAboutRES 052824-5.Y - Parmer Ranch Wastewater ServicesRESOLUTION NO. _.g2LI - s'y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS APPROVING THE "THIRD AMENDMENT TO
WASTEWATER SERVICES AGREEMENT" BETWEEN THE CITY,
PARMER RANCH PARTNERS, L.P., PR SOUTH, INC., OWEN
HOLDINGS, INC., AND NORTHWEST WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 2 RELATING TO ADDITION OF
33.12 ACRES OF LAND; MAKING CERTAIN FINDINGS; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Parmer Ranch Partners, LP, a Texas limited partnership ("Owner"),
PR South, Inc. a Texas corporation ("PR South"), Northwest Williamson County
Municipal Utility District No. 2 (the "District"), and the City are parties to that certain
"Wastewater Service Agreement" dated to be effective on December 15, 2015 and recorded
as Document No. 2016001483 in the Official Public Records of Williamson County, Texas
(the "Original Wastewater Services Agreement"), as amended by the "First Amendment to
Wastewater Services Agreement" dated to be effective on May 14, 2019 and recorded as
Document No. 2019092164 in the Official Pubic Records of Williamson County, Texas (the
"First Amendment"), and by the "Second Amendment to Wastewater Services Agreement"
dated to be effective on December 7, 2023 and recorded as Document No. 2024021430 in
the Official Public Records of Williamson County, Texas (the "Second Amendment").
WHEREAS, Owner, PR South, the District and the City are also parties to that
certain "Amended and Restated Consent Agreement" dated to be effective January 28, 2020
and recorded as Document No. 2020035838 in the Official Public Records of Williamson
County, Texas (the "Amended and Restated Consent Agreement" or "ARCA") (which
superseded and replaced the prior agreements between the Parties pertaining to the same
subject recorded in the Official Public Records of Williamson County, Texas as Document
No. 2016001484 and Document No. 2019092165), as amended by the "First Amendment to
Amended and Restated Consent Agreement," (the "First ARCA Amendment") dated to be
effective on December 7, 2023 and recorded in the Official Public Records of Williamson
County as Document No. 202402142, and to the "Second Amendment to Amended and
Restated Consent Agreement," (the "Second ARCA Amendment") dated to be effective
on even date herewith and to be recorded by Owner, at Owner's expense, in the Official
Public Records of Williamson County, Texas.
WHEREAS, by General Warranty Deed dated September 11, 2020 and recorded
as Document No. 2020110550 in the Official Public Records of Williamson County,
Texas (as subsequently corrected pursuant to that Correction General Warranty Deed
dated June 21, 2022 and recorded as Document No. 2022079402, in the Official Public
Resolution No. 05n 24 -,5 •y
Parmer Ranch (NWWCMUD No. 2 — Third Amendment to Wastewater Services Agreement) 1
Records of Williamson County, Texas), Owner conveyed a portion of the Original
Land to PR South and in connection therewith, Owner assigned its rights and
obligations under the Original Wastewater Services Agreement, as amended, to PR
South as related to the conveyed lands pursuant to a Partial Assignment and
Delegation Agreement dated September 11, 2020.
WHEREAS, By General Warranty Deed dated June 20, 2022 and recorded as
Document No. 2022075119 in the Official Public Records of Williamson County,
Texas, Owner conveyed an additional portion of the Original Land to PR South and
in connection therewith, Owner assigned its rights and obligations under the
Original Wastewater Services Agreement, as amended, to PR South as related to the
additional conveyed lands pursuant to a Partial Assignment and Delegation
Agreement dated June 20, 2022.
WHEREAS, Owen Holdings, Inc. ("OHI") is the owner of an approximate 20-acre
tract of land (the "OHI Tract") more particularly described in the General Warranty
Deed dated August 31, 2022 and recorded as Document No. 2022105609 in the
Official Public Records of Williamson County.
WHEREAS, By petition from PR South, OHI and the District received by the
City on April 16, 2024 (the "Petition"), PR South, OHI and the District requested the
City's consent to allow the District to annex an additional 33.12 acres of land located
within the City's extraterritorial jurisdiction and contiguous to the Original Land into
the boundaries of the District (the "Additional Land"). The Additional Land
includes a portion of the OHI Tract, and PR South is the owner of the remainder of
the Additional Land.
WHEREAS, By letter dated January 24, 2024, Owner's engineer, Bryan E Moore,
P.E., Steger & Bizzell, certified to the City that the wastewater infrastructure constructed,
or to be constructed, within the boundaries of the District is, or will be, sized
appropriately to collect wastewater from Additional Land; therefore, the City has
determined that providing wastewater service to the Additional Land in accordance with
the terms and conditions of the Wastewater Services Agreement, as amended, will
facilitate the orderly development of the Additional Land.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
1. The meeting at which this resolution was approved was conducted in compliance
with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct and are incorporated by reference herein
and expressly made a part hereof, as if copied verbatim.
Resolution No. Q521%Ay S •y
Partner Ranch (NWWCMUD No. 2 — Third Amendment to Wastewater Services Agreement) 2
3. The "Third Amendment to Wastewater Service Agreement" attached to this
resolution as ATTACHMENT I is hereby approved.
4. All resolutions and ordinances that conflict with the provisions of this resolution
are hereby repealed, and all other resolutions and ordinances of the City not in
conflict with this resolution shall remain in full force and effect.
5. If any provision of this resolution, or application thereof, to any person or
circumstance shall be held invalid, such invalidity shall not affect the other
provisions, or application thereof, of this resolution which can be given effect with
out the invalid provision, or application, and to this end the provisions of this
resolution are hereby declared to be severable.
Attachment I - Third Amendment to Wastewater Services Agreement (including
exhibits)
PASSED AND APPROVED on the
ATTEST:
l
Robyn IYensmore, City Secretary
APPROVED AS TO FORM:
.Zb, Lkjr--
Skye asson, ity Attorney
day of 2024.
THE CITY Or GEORGETOWN,,.TEXAS
Josh Schroeder, Mayor
V
Resolution No. OS 2 O ;�LA— J y
Parmer Ranch (NW WCMUD No. 2 - Third Amendment to Wastewater Services Agreement) 3
2024043771 AGR Total Pages: 25
1111 WWII F:II % r h 'N PAJ1477" iI! I W,1i 1I II1
THIRD AMENDMENT
TO WASTEWATER SERVICES AGREEMENT
(Northwest Williamson County MUD No. 2)
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Third Amendment to Wastewater Services Agreement (the "Third
Anu 11d111 Vnt") is between the City of Georgetown, Texas (the "Qty"), a home -rule city
located in Williamson County, Texas; Parmer Ranch Partners, L.P., a Texas limited
partnership, 4718 Mill Creek, Dallas, TX 75244, ("Owner"); PR South, Inc., a Texas
corporation ("PR South"), Owen Holdings, Inc., a Texas corporation ("OHI"), and
Northwest Williamson County Municipal Utility District No. 2, a municipal utility
district created by the Texas Commission on Environmental Quality pursuant to Article
XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code
(the "District"). The City, Owner, and the District are sometimes collectively referred to
herein as the "Parties."
A. WHEREAS, Owner, PR South, the District and the City are parties to that
certain "Wastewater Service Agreement" dated to be effective on December 15, 2015 and
recorded as Document No. 2016001483 in the Official Public Records of Williamson
County, Texas (the "Original Wastewater Services Agreement"), as amended by the "First
Amendment to Wastewater Services Agreement" dated to be effective on May 14, 2019 and
recorded as Document No. 2019092164 in the Official Pubic Records of Williamson
County, Texas (the "First Amendment"), and by the "Second Atilr,ccbuent to Wastewater
Services Agreement" dated to be effective on December 7, 2023 and recorded as Document
No. 2024021430 in the Official Public Records of Williamson County, Texas (the "Second
Amendment"),
B. WHEREAS, Owner, PR South, the District and the City are also parties to
that certain "Amended and Restated Consent Agreement" dated to be effective January 28,
2020 and recorded as Document No. 2020035838 in the Official Public Records of
Williamson County, Texas (the "Amended and Restated Consent Agreement" or
"ARCA") (which superseded and replaced the prior agreements between the Parties
pertaining to the same subject recorded in the Official Public Records of Williamson
County, Texas as Document No. 2016001484 and Document No. 2019092165), as amended
by the "First Amendment to Amended and Restated Consent Agreement," (the "First ARCA
Amendment") dated to be effective on December 7, 2023 and recorded in the Official
Public Records of Williamson County as Document No. 202402142, and to the "Second
Amendment to Amended and Restated Consent Agreement," (the "Second ARCA
Page 1 of 10
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
Amendment") dated to be effective on even date herewith and to be recorded by Owner,
at Owner's expense, in the Official Public Records of Williamson County, Texas.
C. WHEREAS, by General Warranty Deed dated September 11, 2020 and
recorded as Document No. 2020110550 in the Official Public Records of Williamson
County, Texas (as subsequently corrected pursuant to that Correction General
Warranty Deed dated June 21, 2022 and recorded as Document No. 2022079402, in
the Official Public Records of Williamson County, Texas), Owner conveyed a portion
of the Original Land to PR South and in connection therewith, Owner assigned its
rights and obligations under the Original Wastewater Services Agreement, as
amended, to PR South as related to the conveyed lands pursuant to a Partial
Assignment and Delegation Agreement dated September 11, 2020,
D. WHEREAS, by General Warranty Deed dated June 20, 2022 and
recorded as Document No. 2022075119 in the Official Public Records of Williamson
County, Texas , Owner conveyed an additional portion of the Original Land to PR
South and in connection therewith, Owner assigned its rights and obligations under
the Original Wastewater Services Agreement, as amended, to PR South as related to
the additional conveyed lands pursuant to a Partial Assignment and Delegation
Agreement dated June 20, 2022.
E. WHEREAS, OHI is the owner of an approximate 20-acre tract of land (the
"Of 11 'Tract") more particularly described in the General Warranty Deed dated
August 31, 2022 and recorded as Document No. 2022105609 in the Official Public
Records of Williamson County.
F. WHEREAS, by petition from PR South, OHI and the District received
by the City on April 16, 2024 (the "Petition"), PR South, OHI and the District
requested the City's consent to allow the District to annex an additional 33.12 acres
of land located within the City's extraterritorial jurisdiction and contiguous to the
Original Land into the boundaries of the District (the "Additional Land"). The
Additional Land includes a portion of the OHI Tract, and PR South is the owner of
the remainder of the Additional Land.
G. WHEREAS, by letter dated January 24, 2024, Owner's engineer, Bryan E
Moore, P.E., Steger & Bizzell, certified to the City that the wastewater infrastructure
constructed, or to be constructed, within the boundaries of the District is, or will be, sized
appropriately to collect wastewater from Additional Land; therefore, the City has
determined that providing wastewater service to the Additional Land in accordance with
the terms and conditions of the Wastewater Services Agreement, as amended, will
facilitate the orderly development of the Additional Land.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, including the foregoing recitals and the mutual
Page 2 of 10
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
promises, covenants, and obligations of the Parties set forth herein, the Parties agree
as follows.
AGREEMENT
Section 1.01 Added Definitions. The following terms are added to the
Definitions in Section 1.01 of the Original Wastewater Agreement:
(a) Additional Land: means that certain 33.12 acres of land described by metes and
bounds and by sketch as "Tract 3" on Exhibit A attached to the Third Amendment.
(b) Original Land: means that certain 454 (+/-) acres of land described by metes and
bounds and by sketch as "Tract 1" and "Tract 2" on Exhibit A attached to the Third
Amendment.
(c) Second Amendment: has the meaning given in Recital A, above.
(d) Third Amendment: means the Third Amendment to the Wastewater Services
Agreement.
(e) First ARCA Amendment: has the meaning given in Recital B, above.
(f) Second ARCA Amendment: has the meaning given in Recital B, above.
(g) OHi Tract: has the meaning given in Recital E, above.
Section 1.02 Revised Definitions. The following terms defined in the
Original Wastewater Services Agreement, the First Amendment, and/or the Second
Amendment are repealed and replaced with the following:
(a) Agreement: means the Original Wastewater Services Agreement, as amended by the
First Amendment, the Second Amendment, and the Third Amendment.
(b) Consent Agreement: means the recorded as Document No. 2020035838 in the Official
Public Records of Williamson County, Texas (the "Amended and Restated Consent
Agreement" or "ARCA") (which superseded and replaced the prior agreements
between the Parties pertaining to the same subject recorded in the Official Public
Records of Williamson County, Texas as Document No. 2016001484 and Document
No. 2019092165), as amended by the First ARCA Amendment, and the Second ARCA
Amendment.
(c) First Amendment: has the meaning given in Recital A, above.
(d) Land: means, collectively, the Original Land and the Additional Land.
Page 3 of 10
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
(e) Land Plan: means the Land Plan attached as Exhibit C to the Third Amendment.
Section 1.03 The list of exhibits in Section 9.10 of the First Amendment is repealed
and replaced with the following:
Exhibit
Description
Reference
Exhibit A
Land - metes and bounds
descriptions and and sketches
Third Amendment
Exhibit B
Sketch of Land
Intentionally deleted
Exhibit C
Land Plan
Third Amendment
First Amended Exhibit C
First Amended Land Plan
Intentionally deleted
Exhibit D
Interceptor Location and
Description Ma
Intentionally deleted
First Amended Exhibit D
Exhibit E
Interceptor Location and
Description Ma
First Amendment
Form of Easements
Original Wastewater
Agreement
Exhibit F
Insurance and Bond
Requirements
Original Wastewater
Agreement
Exhibit G
Assignment and Assumption
Agreement Form
Original Wastewater
Agreement
Exhibit H
Required Easement for Line B-1
(recorded) Water Line Easement
First Amendment
Section 1.04 Effect on Original Wastewater Services Agreement. Except as
provided in the First Amendment, the Second Amendment, and the Third Amendment,
the Original Wastewater Services Agreement remains in full force and effect.
Section 1.05 . Defined Terms. Capitalized terms used in this Third Amendment
that are not otherwise defined shall have the meaning set forth in the Original
Wastewater Services Agreement, as amended by the First Amendment and the Second
Amendment.
Section 1.06 Counterparts. This Third Amendment may be executed in multiple
counterparts, each of which shall be deemed an original instrument, and all of which,
taken together, shall constitute one and the same instrument. The signature of any part
hereto to any counterpart hereof shall be deemed a signature to and may be appended
to, any other counterpart hereof.
Section 1.07 Effective Date. This Third Amendment shall become effective on the
latest date accompanying the signatures of the duly authorized representatives of the
Parties shown on the following signature pages.
Page 4 of 10
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
Section 1.08 Recordation. This Third Amendment shall be recorded in the
records of Williamson County, Texas by Owner at Owner's expense.
Section 1.09 Joinder by OHI. By execution below, OHI agrees to be a party to, and
bound by, the Original Wastewater Services Agreement, as amended by the First
Amendment, the Second Amendment and the Third Amendment, as related to the OHI
Tract.
Section 1.10 Approval of Original Wastewater Services Agreement and
Prior Amendments. Owner, PR South and OHI hereby approve, and agree to be
bound by, the Original Wastewater Services Agreement, as amended by the First
Amendment, the Second Amendment and the Third Amendment, as they relate to the
lands owned by such Parties, regardless of whether any such Party executed the
Original Wastewater Services Agreement or any prior amendment thereto.
[Signature pages follow.]
Page 5 of 10
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
CITY: /I
i
CITY OF Gli )RGF-1'0WN, TFAAS
By:
Jos r eder, Mayor
ATTEST:
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
Sky&assc6l City Attorney
STATE OF TEXAS
COUNTY OF WILLIAMSON §
T its instrument was acknowledged before me the a day of
2024, by Josh Schroeder, Mayor of the City of Georgetown, Texas,
a home-rul ity, on behalf of the City.
(seal) a``�",. KAREN FROST
o-Notary Public, State of Texas Notary Public, State of Texas
Comm. Expires 05-24-2028
Notary ID 10636084
Page 6 of 10
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
OWNER:
PARMER RANCH PARTNERS, L.P., a Texas
limited partnership
By: Owen Holdings Inc., a Texas
corpora 'c>>Z, its general partner
By:
Joe R. Owen, President
STATE OF TEXAS
COUNTY OF (c, v i -s
This instrument was acknowledged before me the Z"� day of
�• 2024, by Joe R. Owen, in his capacity as president of Owen
Holding , c., a Texas corporation, the general partner of Parmer Ranch Partners, L.P., a
Texas limited partnership, on behalf of Parmer Ranch Partners, L.P.
=o�► OAi\ ANTHONY CORBETT
Notary ID #12066934
My Commission Expires
or April 6, 2027
1w, S G�
No ary Publi , State of Texas
Page 7 of 7
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
OWEN HOLDINGS, INC., a Texas corporation:
Name: Toe Owen
Title: President
Date: ("\
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the day of
2024, by Joe Owen, President of Owen Holdings, Inc., a Texas
corpor n, on behalf of said corporation.
► ld .Al#�pETT
Notary ID #12066934
My Commission Expires
"►to ' April 6, 2027
r.
'A4 s (ti,-J� _ _
Notary Pub f
c, State of Texas
Page 8 of 7
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
PR SOUTH:
PR SOUTH, INC., a Texas corporation
Gv:
Name: Toe Owen
Title: President
Date: 2—
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this 2'"-A day of
2024, by Joe Owen, President of PR South, Inc., a Texas
corporatio< n behalf of said corporation.
11X S C6�
Notary Public Agnature
+'"� °�s� ANTHONY CORBETT
^ Notary ID #12066934
y� or+'v My Commission Expires
April 6, 2027
Page 9 of 7
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
DISTRICT:
NORTHWEST WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO.2
By: �.1 ,L—
Name: 5+'ev'L Msdc�A,,
Title: j-ee_ • R,
Date: _M" 2T 2!4
ATTEST:
Name:
Title:
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the �� day of
M 2024, by S v .e (�'1c�Ic v-�•••,� President of Northwest
Willis on County Municipal Utility District No. 2, a special district formed and
operating under Chapters 49 and 54 of the Texas Water Code.
ANTHONY CORBETT
Notary ID #12066934
My Commission Expires
'rort�` April 6, 2027
S
Notary Pu lic, State of Texas
Page 10 of 7
Third Amendment to Wastewater Services Agreement
NWWCMUD No. 2 (aka Parmer Ranch)
Exhibit A
Description of Land (Metes and Bounds)
(Second Amendment)
Tract 1: +/- 250.58 acres
Tract 2: +/- 204.28 acres
Tract 3: +/- 33.12 acres
EXHIBIT A Page 1
NWWCMUD No. 2 - Third Amendment
Tract I Metes and Bounds Description
FIELD NOTES
JOB NO 16301
DATE: JANUARY 18, 2017
PAGE 1 OF 6
Tggc'T 1
250.58 ACRES
250 58 ACRES OF IAND OUT OF T HE CHAS H DELANEY SURVEY. ABSTRACT NO 181 AND THE
LEWIS P DYCHES SURVEY, ABSTRACT NO 171, IN WILLIAMSON COUNTY. TEXAS. AND BEING
PART OF THAI TRACT CALLED 501 S9 ACRES IN A DEED TO PARMER RANCH PARTNERS. LP
RECORDED UNDER DOCUMENT NO 2002073008, OFFICIAL PUBLIC RECORDS OF WILLIAMISON
COUNTY, TEXAS, AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING at a "FXDO. ' 3 inch brass disk in concrete found inside of said 501 59 acre tract at the
intersection of the north line of Ranatd Reagan Boulevard (28(Y rxlht-of-way) and the east line of Ranch to
Market Road 2338 (R.M. 2338), recorded in that deers to Wiffiamaou County, Texas under Oa:umert No.
2007026639 of said Official Publw RLrord5, for the southwest corner of this tract,
THENCE: inside of said 501 59 acre tract with the east line of said R.M 2338 as conveyed in said deed
to Williamson County. Texas the following three (3) courses_
1, 1075.53 feet ann0 a curve to Ism right (r= 5,025 'Oct. Ic= N 26" 05'35' �r/, 1,074,05 feet) to a
'TXOO'r' 3 inch brass disk In eoneri found, marking an angle point in the oast Irate of said R
2338, for an unrgle point in the well tine of this tract;
N 20'47'37" W, 63 88 feet 10 a "TXDO'r" 3 inch brass disk in concrete found, marking an angle
point in the east line of said R.M. 2338, for an angle point in the west line of this tract;
S 69'33'46" W. 34.82 foal to.) 'TXDOT' 3 inch brass disk in nxux rete found, marking an angle
Point in the east line of R M. 2338 as conveyed to the Slate of Texas by Volume 416, Page 60.
Deed Records of Williamson County, Texas, being the no(thivost Corner of Said Williamson
County tract, for an angle pant in the west line of said 501.59 acre tract and tliis IracL
TI IENCE N 2.0 59'41" W, 1.257 04 feel with the mast line of said R M. 2338 conveyed to the State of
Tetras and the west Imo of said 501 59 acro tract to a 112' iron rod with oranr,Te rap stamped -RPLS 2218"
found, markoXi the southwest corner of that Iraq called 10 00 acres in a deed to #Alai Rev Vilincont M.
Harris recorded in Volume 578, Page 520 of said peed Records, for the northwest corner of said 501.59
acre tract and this tract;
THENCE N rA'21 25" E. with the north line of said 501 1%9 acre tract at 864.97 feet pass a 1/21' non rut
found marking the southeast Connor of said Harris tract and the southwest carrier of that tract conveyed to
Johasun Family Trust by Hoed recorded in Document No 2007059047 of said Official Public Records,
and conlinuinq for an urwrall distance or 3,044 18 feet with the south line of said Johnson Family Trust
tract to a V2" iron rod with yel)ow cap stamped "CCC" found in the west line of that trarl called 17.15
.wres to a deers to Justin L Hall and Brervla I. Half by deed recorded in Volume 1S25, Pape 792, Official
Records of Williamson County, Texas, marking the southeast comer of said Johnson Falndy Tn;sl tract,
lux lite northeast corner of said 501,59 arm tract and Iles tract.
THENCE: with the east line of said 501 59 acre tract the following fourteen (14) courses, for the east line
of this tract:
1 S 22`08'13" E, 375 70 feet with the west Ilne of said 17.15 acre Hall Tract to a 1l2" iron rod found
marking the southwest corner of said 17 15 acre Hall tract and the northwest corner of tha'tract
called 9 614 acres in a deed to Roy A Hall and Ivan I. Hall recorded in Volume 2109. Page 738,
of said Official Records, for an angle point w the east line of this tract,
S.`2016, OJE%fS'�G3u1nE�,"NFI'x NOFE9(rdt
EXHIBIT A Page 2
NWWCMUD No. 2 - Third Amendment
F_IELO _NOTES
JOB NO 16301
DATE: JANUARY 18, 2017
M "-QE B
2 S 22' 12'46" E. 350 37 teat with the weal Ime of sand 9-AM acre Han eact to a 112' iron rod found
marbrhll Ihn s0tdlhwKast comer of said 9 614 acre Hall tract and the northwest caner, of that tract
called 6 83 acres u1 a deed la Wdbaun Berman recorded in Document No 2010010969, of said
Official Pubik: Records. fa an mole point in the east line of tins tract,
3 S 22.'48417" E. 182 62 feet with the west krwr of stew I3ermiln tract to a 60D Pad will) lagging
found marking the southwest corner 01` 5111d Borman Iracl and the northwest corner of that Irix;t
calfal 19.52 acres is, a deed to Dennis E S.lwyor recorded in Volume 1595, Page 635, of said
Official Records, for an atlgle point ut file east Into of this tract.
4 S 21 "50'53" E, 769 29 feet with the west line of said Sawyer tract to a 1 /2" iron rod found, marking
the southwest corner of said Sawyer tract, for an angle point in the east line of this tract:
5 N 69'32'24" E. 1.093.87 feet with the south line of said Sawyer tract to a 112' iron roil will, yellow
cap slauihlied 'CCC' Iourxl, marking the southeast Corner of said Sawyer tract and an anforr pant
to III0 wcsl True of Mal tract called 128 38 acres in a dead to GW Georgetown Property, L P
recorder) in Doc:umerd No 200rarW253. of Sail D11w:01 Public R -LOWU, for an anglo point in the
east line of this tract,
6 S 27' 113'53" E, 133.42 feet with the wrest line of said GW Georgetown Propwly tract to a 1I2" iron
rot] found, marking an angle point In the vmst line of said GW Georgelown Property tract, for an
arttlle point in the east lint,, of this tract:
7 S 20'331IV E 616.42 fain in part with Tile wr,111 line of satd GW r;erxgelown Properly Iracl and
the west [Inn of the Amended Plot of Mission Oaks, Phase IV, recorded in Document NO
2016012308 of said official Public Records to a 112" WOO roil Inurut. marking the northwest comer
of that 21.02 acre tract called Tract I in a dead to Wdlie J Kopecky. Jr and Mardi Kopecky
recorder) nil Document No 20010,10377 of said Official Public Records, for an an(jte point it the
east lint) of [tits tract,
8. S 201417" E. 357 47 feet with the west line of said Kopecky tract to a 1 /2" iron rod with pink cap
stamped "rLS INC ' set marking an :xhgte point in the west line of said KoPaC ky tract. for an
angle point in the east line of this tract;
9 S 20' 13' 17" E. 92 48 feet with the west line of said Kopecky tret:l 10 a Ir2' iron tfxl wttt pink cap
swiped -TLS INC' set markmq the sauhw051 corner ill salt Kopecky tract and the northwest
comer of that 24 857 acre tract Called Tract IV in a dead to George Hellman0k aixi Barbara
Hfr)Imanek recorded in Dcx iinietit No 2014022501 of said Official Public Records, for all angle
Point in the east line of this tract,
10 S 2W21-47" E. 255 80 fiat with the west line of said Hejtinanek tract to a 112" iron rod with pink
cap stamped 'TI.S INC ' set, marking an angle point in the well line of said Hejtinanek tract, for
an anglo point 'it Ilia east loin of Ihis Tract;
11 S 20.25'47" E, 736.23 feet with the west line of said helbnanek lract to a 1/2" iron rod found,
marking the southwest corner of said Hejtinanek tract, loran angle point in the east line of this
trati t.
12 N 69' 16'38- E. 1,022.60 feet with the Anti line of r;aad Hellmattek tract to a Irz, true rod found,
marking an angle point in the south line of sail Hopmanek Iract mil lho northwest corner of that
19 05 trcre IrRcl called Tracl A of a dealt lu Maircafs Group 11. LLC, recorded in Document No.
201503058 1. of sad Offical PUTAL Rfmords, for an angle Point xh the east lire of tills tract:
S.i2U!R FROJFC TSUB;O f f1C tANLY& DL 'C.HFS!4C)(f FlCJiPOUNDgRY1 188C1!"'iffl_) NO: ES,,d!
EXHIBIT A Page 3
NWWCMUD No. 2 - Third Amendment
Ft"D NOTE$
JOB NO 16301
DATE: JANUARY 18, 2017
PAOE30F6
13 S 21 1.02" E 683,25 fQrg will, the west line ill •;:nil Truer A ton 112" iron rod -.vdh pink cap
stamped ?LS INC.' sot ulafkmrl the southwest corner of said Tract A and lite norltlwesl corner
of that 15.49 acre tract caner) Tract B in said doled to Mawms Group 11, LLC, for all angle point in
the east line of this it ml.
14. S 21'5657" E, 669.34 feel In part with the west line of said Tract B and with the west line of that
0.24 acre irv't called I fact C n said ,bred to Marcus Gronp 11. LLC to a 1/2" iron rod with orange
cap stamped 'RPLS 5784found in Uu: north Bne of said Ronald Reagan Boulevard, marking the
southwest corner of said Tract C, for the southeast corner of this tract,
THENCE: inside of said 501.59 acre tract with the north line of said Ronald Reagan Boulevard the
following four (4) courses, for the south line of this tract:
1 N 64-55-55" W. 2,294 14 feet to a cotton spindle found, for an angle point in the south line of this
tract:
2 3,154 90 feet along a curve to the left (r= 3,580 feet, Ic= S 89'49'07" W, 3,053.80 feet) to a 112"
iron rod with orange cap stamped °RPLS 5784" found, for an angle point in the south line of this
tract;
3 S 64"34'16" W, 487,50 feet to a "TXDOT" 3 inch brass disk in concrete found, for an angle point
in the south line of this tract;
4 N 70'36'52" W, 184 32 feet to the point of beginning, containing 250.58 acres of land, more or
less.
All Bearings cited hereon based on Grid North Texas Slate Plane Coordinate System (Central Zone)
NAD83(93)
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Kenneth Louts Crider, R.P,L S No 5624
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Land Surveying,Inc
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3613 Williams Drive, Suite 903
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Georgetown, Texas 78628
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-A Land Surveying and Geoscience Firm-
3613 Williams Drive, Suite 903 — Georgetown, Texas 78628
(512) 930-1600 WWwjCgMJ4d2rp
TBPLS FIRM No 10066200 GEOSCIENCE FIRM No 50538
S:12016 PROJECTS116301 DELANEY 6 DYCHFS (450 AC)IBOUNDARYI16301 FIELD NOTES,odl
EXHIBIT A Page 4
NWWCMUD No. 2 - Third Amendment
Tract 2 Metes and Bounds Description
MELD NOTES
JOB NO 16301
DATE: JANUARY 18, 2016
PAGE 4 OF 6
TRACT
204.28 ACRES
204.28 ACRES OF LAND OUT OF THE CHAS H. DELANEY SURVEY, ABS TRACT NO 181 AND THE
LEWIS P DYCHES SURVEY, ABSTRACT NO 171. IN WILLIAMSON COUNTY. TEXAS. ANU BEING
PART OF THAT TRACT CALLED 50159 ACRES IN A DEED TO FARMER RANCH PARTNERS, L P
RECORDED UNDER DOCUMENT NO. 2002073008, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING at a "TXDOT" 3 inch brass disk in concrete found inside of said 501 59 acre tract in the
south line of Ronald Reagan Boulevard (280' right-of-way), recorded in [hat deed to Williamson County.
Texas under Drx:umenl No. 2007026639 of said Official Public Records. for the northwest corner of this
tract:
THENCE: inside of said 501 59 acre tract with the south line of said Rondald Reagan Boulevard the
following three (3) courses:
1 N 54'3X21" E. 451 17 feet to a 1i2" 'ron rod with orange cap stamped 'RPLS 5784" found,
marking an angle point in the south line of said Ronald P,oagan Boulevard. for an angle point in
the north line of this tract;
2. 2,925.64 feet along a curve to the right It= 3.320.00 feel, Ic= N 89"49'16" E, 2,831.89 feet) to a
1rl' iron rod with illegible orange cap found, markm4l an angle poB11 in the south line of said
Ronald Reagan Boulevard, for an angle ouint in the north line of ttd5 tract:
3 3 64'S355" E, 2,573,13 feet to a 112' iron rod with pklk cep stamped 'TIS INC ' set in the east
line of said 501 59 acre tract, markln0 the north corner of that tract conveyed to Circle B-Y
Partners LTD and Michelle Dube by deed recorded In Document No 2012081245 of said Official
Public Records, for the northeast corner of Inis tract:
THENCE S 2'1`55'57" E 172 10 feel with the north line of said Circle 8-Y Partners tract and the east Imp
Of said 601 59 acre tract to a Vr iron rod with pink cup stamped 'TLS INC " set, marking an angle point
in the north line of said Circle B-Y Partners tract, lot the sfNJIM- 5t corner of said W 159 acre tract aryl
Ilan Iraq;
THENCE with the south line of said 501.59 acre tract the following two (2) courses
1 S 67'56'04" W. 2,464 98 feet in part with the north line of said Circle B Y Panric" tract and the
north line of that tract called 13 82 acres In a deed to Mike Nations recorded in Document No.
1990072883 of said Official Public Records to a V7 Iron rorl found, marking an angle point in the
north line of said Nauon3 trac1, for an angle point in the south line of this tract;
2 S 6 1 ' 11'54" W, 43 03 feel to a 1 /2' iron rod in concrete with orange t,:rp stamped'RPLS 5784'
found, marknul an angle Doint in the east line of Ranch to Marhnf Road 2338 (R,M 2338) being
to corded in said deed Io Williamson County. Texas, for an angle point in the south line of Ions
tract;
THENCE into said 501 59 acre tract wilh the east line of said R.M. 2338 the following four (4) courses:
1 S 89'55'45" W, 870-65 fetit to a "TXDO r 3 inch brass disk ir, concrete found, for an angle point
in the south line of this .C/ala
S12016 PR6JcC751!63P!D,1ANEYA r;YCHI°S Wi(, 4CJIF.CIJNUAPYa16J01 FIEFONO(ES 1RA(IT2odf
EXHIBIT A Page 5
NWWCMUD No. 2 - Third Amendment
FIELD NOTES
JOB NO 16301
DATE: JANUARY 18. 2016
PAGE 5 QE I
2 1,128.40 feet along a curve to the right (r= 1,660.00 feet, Ic= N 70°34'57" W. 1,106.80 feet) to a
112" Iron rod in concrete with orange cap stamped °RPLS 5784" Found, for the southwest corner
of this tract.
3. N 46°31'43" W, 1,237.18 feet to a 2 inch pipe fence corner post found, for an angle point in the
west line of this tract;
4 847 58 fact ulofxj a curve to the right (r= 5,926.00 feet, Ic= N 40`09149" W, 846.86 feet) to a 1/2"
iron rod w)lh pink cap stamped "TLS INC.' set at the intersection of the north line of said Ronald
Reagan Boulevard and the east line of said R.M. 2338, for an angle point in the west lino of this
tract:
THENCE: N 19'46'15" E. 136.77 feet with the south line of said Ronald Reagan Boulevard to the point of
beginning, containing 204.28 acres of land, more or less.
All Bearings cited hereon based on Grid North Texas State Plane Coordinate System (Central Zone)
NAD83(93).
Krnncth Louis Cnder, R P L S. No 5624
Texas Land Surveying, Inc.
3613 Williams Drive, Suite 903
Georgetown, Texas 78628
cJexas -C anc(Sun)cyiq Snc.
-A Land Surveying and Geosclence Firm-
3613 Williams Drive, Suite 903 — Georgetown, Texas 78628
(512) 930-1600 www.teKas-Is com
TBPLS FIRM No 10056200 GEOSCIENCE FIRM No 50538
S:12016 PROJECTS06301 DELANEY & DYCHES (450 AC)OOUNDARY116301—FIELD NOTES _TRACT 2.od1
EXHIBIT A Page 6
NWWCMUD No. 2 - Third Amendment
Tract 3 Metes and Bounds Description
Page 1 of 3 33.12 Acres
Proj No. 22223 C.H. Delaney Survey, A-181
February 9, 2023 Williamson County, Texas
DESCRIPTION OF 33.12 ACRES OF LAND
DESCRIPTION OF A 33.12 ACRE TRACT OF LAND LOCATED IN THE D. H. DELANEY SURVEY,
ABSTRACT NO. 181, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 21.91 ACRE
TRACT CONVEYED TO PARMER RANCH PARTNERS, LP BY SPECIAL WARRANTY DEED WITH
VENDOR'S LIEN OF RECORD IN DOCUMENT NUMBER 2021183995, OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS (OPR), AND A PORTION OF A CALLED 20.00 ACRE TRACT
CONVEYED TO OWEN HOLDINGS, INC BY GENERAL WARRANTY DEED WITH VENDOR'S LIEN OF
RECORD IN DOCUMENT NUMBER 2022105609, OPR, SAID 33.12 ACRE TRACT OF LAND
DESCRIBED WITHOUT THE BENEFIT OF AN ON -THE -GROUND SURVEY AND BEING MORE
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2-inch iron rod found in the east line of a called 501.59 acre tract of land
conveyed to Parmer Ranch Partners, LP by Special Warranty Deed with Vendor's Lien of record
in Document Number 2002073008, OPR, for the southwest corner of Lot 1, Mission Oaks, Phase
IV Amended, a subdivision of record in Document No. 2015012308, OPR, the northwest corner
of said 20.00 acre tract, the northwest corner and POINT OF BEGINNING of the herein
described tract;
THENCE, with the south line of said Mission Oaks and the north line of said 20.00 acres, North
68'07'39" East, a distance of 877.07 feet to a 1/2-inch iron rod with cap stamped "Steger
Bizzell" found in the south line of Lot 6, said Mission Oaks, for a northerly corner of said 20.00
acre tract, the northwest corner of the remainder of a called 21.02 acre tract conveyed to Willie
J. Kopecky and Mardi Kopecky by Warranty Deed of record in Document Number 2001040377,
OPR, and the northeast corner of the herein described tract;
THENCE, with an easterly and northerly line of said 20.00 acre tract, South 21°50'57" East, a
distance of 346.69 feet to a 1/2.-inch iron rod with cap stamped "Steger Bizzell" found for the
southwest corner of said 21.02 acre remainder tract, and North 68°12'12" East, a distance of
139.46 feet to a point in the south line of a called 4.00 acre tract of land conveyed to Willie J.
Kopecky and Mardi Kopecky by Warranty Deed of record in Document Number 2001040377,
OPR, and in a northerly line of said 20.00 acre tract, for the most southerly northeast corner of
the herein described tract;
THENCE, over and across said 20.00 acre tract and said 21.91 acre tract, the following three (3)
courses and distances:
1.) South 20°28'49" East, a distance of 268.26 feet to a point;
2.) South 26°21'29" East, a distance of 50.02 feet to a point; and
EXHIBIT A Page 7
NWWCMUD No. 2 - Third Amendment
Page 2 of 3
Proj No. 22223
February 9, 2023
33.12 Acres
C.H. Delaney Survey, A-181
Williamson County, Texas
3.) South 20'26'13" E, a distance of 796.54 feet to a 1/2-inch iron rod with cap stamped
"Steger Bizzell" found in the north line of Lot 7, Block B, Somerset Ranch, a subdivision of
record in Document Number 2017051160, OPR, for the southwest corner of a called 20.93 acre
tract conveyed to Owen Holdings, INC by Special Warranty Deed with Vendor's Lien of record in
Document Number 2021183891, OPR, the southeast corner of said 21.91 acre tract, and the
southeast corner of the herein described tract;
THENCE, South 61°24'32" West, with a south line of said 21.91 acre tract and the north line of said Lot 7,
a distance of 7,24 feet, to a nail found at an angle point of said 21.91 acre tract, the northwest corner of
said Lot 7 and a northeasterly corner of said 501.59 acre tract, for an angle point of the herein described
tract;
THENCE, with the south line of said 21.91 acre tract and a north line of said 501,59 acre tract, the
following two (2) courses and distances;
1.) South 61"29'25" West, a distance of 1.39 feet, to a 1/2-inch iron rod with cap stamped "FOREST
1847" found, for an angle point of the herein described tract; and
2.) South 69°17'39" West, a distance of 1,021.16 feet, to a 1/2-inch iron rod found for the
southwest corner of said 21.91 acre tract and an interior ell corner of said 501.59 acre tract, for
the southwest corner of the herein described tract;
THENCE, with the west line of said 21.91 acre tract and an east line of said 501.59 acre tract, North
20°25'29" West, a distance of 736.25 feet, to a 1/2-inch iron rod found, and continuing North 20"28'57"
West, a distance of 255.77 feet to a fence corner post found for the northwest corner of said 21.91 acre
tract and the southwest corner of said 20.00 acre tract;
THENCE, with the west line of said 20.00 acre tract and continuing with the east line of said 501,59 acre
tract, North 21°02'34" West, a distance of 92.42 feet to a 1/2-inch iron rod with cap stamped "Steger
Bizzell" found, and North 20'20'27" West, a distance of 357.44 feet to the POINT OF BEGINNING,
and containing 33.12 acres of land, more or less, within these metes and bounds
Bearings are based on the Texas Coordinate System of 1983, Central Zone (NAD_83 (2011)). All
distances shown hereon are grid values represented in U.S. Survey Feet.
The foregoing metes and bounds description and survey on which it is based is accompanied by
and a part of a sketch of the subject tract.
EM
EXHIBIT A Page 8
NWWCMUD No, 2 - Third Amendment
Page 3 of 3
Proj No. 22223
February 9, 2023
33.12 Acres
CA. Delaney Survey, A-181
Williamson County, Texas
This exhibit was prepared without the benefit of an on -the -ground survey. Boundaries are
based on previously prepared surveys and best available evidence including record information
combined with found monuments. This exhibit is not to be used for or relied on for transfer of
title to land described herein.
Steger & Bizzell Engineering Inc.
02/09/2023
Patrick J, Stevens, RPLS
Texas Reg. No. 5784
1978 South Austin Avenue
Georgetown, Texas 78626
(512)930-9412
TBPELS Firm No. 10003700
P:\22000-22999\22223 Joe Owen NW W MCO MUD#2\05•HEITMANEK\5urvey Data\Descrlptlons\DESCRIPTION 22223-KOPECKY
OWEN-3312 AC.docx
STEGEIPIZZELL
1978 S Austin Ave
Georgetown, TX 78626
EXHIBIT A Page 9
NWWCMUD No. 2 - Third Amendment
Description of Land (Sketches)
Tract 1: + / - 250.58 acres and Tract 2: + / - 204.28 acres
Tract 3: +/- 33.12 acres
EXHIBIT A Page 10
NWWCMUD No. 2 - Third Amendment
Description of Tracts 1 & 2 (Sketch)
r
J
G
EXHIBIT A RECORDERS MEMORANDUM Page 11
NWWCMUD No. 2 - Third Amendment All or pads of the lexl on uvws not
clearly legible for salisfactayrl�t pftion,
Description of Tract 3 (Sketch)
EXHIBIT A RECORDERS MEMORANDUM Page 12
All or parts of the text on this page was not g
NWWCMUD No. 2 - Third Amendment clearly legible for satisfactory recordation
Exhibit C
Land Plan (Third Amendment)
Third Amendment to Wastewater Services Agreement Page 13 of 14
N W WCMUD No. 2 (aka Parmer Ranch)
(This exhibit is in color. To view in color, contact the City of Georgetown City Secretary.)
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory fecordalion.
Third Amendment to Wastewater Services Agreement Page 14 of 14
NWWCMUD No. 2 (aka Parmer Ranch)
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2024043771
AGR Fee: $129.00
06/03/2024 11:06 AN OSALINAS
A
Nancy Ester County Clerk
�ww.' Williamson Couniy, Texas