HomeMy WebLinkAboutRES 060915-F - 3rd Amend Teravista AgmtA RESOLUTION OF
GEORGETOWN,A • r AMENDMENT TO THE
CONSENTr
L.L.C. RELATING TO THE DEVELOPMENT OF LAND WITHIN
WILLIAMSON COUNTYDISTRICT NO.
WHEREAS, the City, Owner and Developer desire to enter into a Development
Agreement to identify the rights and responsibilities of the parties in regards to development of
the Land and construction of the Public Improvements.
NOW •RE, BE IT RESOLVED BY THE CITY COUNCILr
GEORGETOWN, TEXAS THAT:
SECTION 1: The City Council hereby finals that the statements set forth in the preamble of this
Resolution are true and correct, and the recitals are hereby incorporated by reference herein and
shall have the same force and effect as if set forth in this Section.
SECTION 2: The City Council hereby approves a Consent Agreement relating to the Land in
substantially the form attached hereto as Attachment 1, and authorizes the Mayor or the Mayor
Pro Tem to execute such Agreement on behalf of the City of Georgetown, Texas.
SECTION 3. The City Manager, City Attorney; and City Secretary are hereby authorized,
empowered, and directed to do and perform all such acts as may be necessary to execute,
acknowledge, and deliver in the name of and on behalf of the City of Georgetown, Texas, an
Agreement substantially in the form attached hereto as Attachment 1.
SECTION 4: It is hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public, and public notice of the time, place, and
purpose of said meeting was given, all as required by the Texas Open Meetings Act, Chapter
551, Texas Government Code.
SECTION 5: The Mayor is hereby authorized to sign this Resolution and the City Secretary is
authorized to attest. This Resolution shall become immediately upon its passage and shall
prevail over conflicting provisions in prior Resolutions or City Council, actions, if any.
RESOLVED this day of 20
Resolution No. ()(a 0915' F
Page 1 of 2
Dale Ross, Mayor
Jtt Brettle, City Secretary
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Bridget Chap\City Attorney
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Resolution No. Q(aQj1Ej-!E
Page 2 of 2
EK030611 0101 WQX" N 01 no I -
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Third Amendment to the Consent Agreement ("Third Amendment") is entered
into by and among the City of Georgetown, Texas (the "'% a home -rule city located in
Williamson County, Texas, NNP-Teravista, L.L.C., a Texas limited liability company,
successor- in- interest to NNP -Edwards, L.P., a Texas limited partnership (the "DevelpRe ")
and the Williamson County Municipal Utility District No. 15, a district created under
Chapters 49 and 54 of the Texas Water Code (the "District"),
WHEREAS, the City, the Developer and the District are parties to that certain
Consent Agreement approved by the City Council of the City on December 14, 2004 and
joined by the District on August 29, 2007 •("QL�ginal Consent A• eemen '), which Original
I gr- I I
Consent Agreement was amended by that certain First Amendment to Consent Agreement
dated effective September 15, 2008 ("First Amendment") and that certain Second
Amendment to Consent Agreement dated effective February 11, �O I I ("Secon
Jmendmenf') (the Original Consent Agreement, the First Amendment and the Second
Amendment are collectively referred to herein as the "Consent Amen7en '), related to tho;
development of a 390.08 acre tract of land located in the extraterritorial jurisdiction of th*
City-, and
WHEREAS, the District now desires to annex certain additional real property intit,
boundaries of the District, as provided in Section 2.04 of the Original Consent, and to amend
the Master Land Plan, as provided in Section 3.02 of the Original Consent Agreement, tv
include -such additional real property,
NOW, THEREFORE, in consideration of the forgoing recitals and mutu
2greements set forth herein, and other good and valuable consideration, the recei
,?dequacy and sufficiency of which are all hereby acknowledged, the City, the Develop
a the District hereby agree to amend the Consent Agreement as followsi
1.01. Definitions. The definition of "Land" set forth in Article 1, Section 1.01 of t1mr.
Consent Agreement is hereby amended to include the following: I
a. Include that certain 80.802 acre tract of land located in the City's
extraterritorial jurisdiction, described by metes and bounds on Exhibit "A-111, (Tract 1).
Additionally, the City hereby consents to the Developer and the District, in the future,
annexing that certain 21.00 acre tract of land described by metes and bounds on Exhibit
"A-21' (Tract 2) ("Additional Land'). No further action on the part of the City to evidence
the City's consent to the annexation of the Additional Land into the District boundaries will
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be required; however, the City agrees to provide confirmation of its consent to any
subsequent boundary adjustment for the annexation of the Additional Land if requested to
-to so by the Developer or the District.
bde that certain 2.5 acre tract of land more particularly described I-%
metes and bounds on Exhibit "A-311 ("Excluded Tract"), which is proposed to be used
the City for a fire station.
3.01. Master Land Plan. Section 3.01 of the Consent Agreement is hereby deleted in its
entirety and replaced with the following:
"The City hereby approves the revised Master Land Plan attached
Exhibit "B". dated June 9, 2015. The City acknowledges that the Mast
Land Plan complies with the City's Comprehensive Plan, as amended, a
I
approves the land uses, densities, and roadway alignments and sizinghos s
on the Master Land Plan, as revised,
City and Developer acknowledge and agree that Tract I and Tract 2
will primarily consist of single-family development, and the homes on such
property will be constructed in general conformity with the "Sample
Community Requirements for Home Construction Within Teravistaa copy
of which is attached as Exhibit "H",, City and Developer agree that such
single-family development will comply with the "601050 RS - Residential
Single-family District" lot and dimensional standards. Notwithstanding
anything contained herein to the contrary, City and Developer acknowledge
and agree that development within "Pod Q" may be developed as single-
family (RS) or Townhouse District ("6,03.070 TH — Townhouse Districf'),
with a maximum of six dwelling units per structure.
The non-residential tracts shown as "Z F and "Z2" within the Master
Land Plan, including the elementary school site, shall be designed, at a
i-,ninimum, to meet the City's Unified Development Code (UDC), site and
building design and landscape standards effective on the date of the Original
Consent Agreement.
Additionally, in an effort to maintain project consistency, all utility
and right-of-way and street configurations within Tract I and Tract 2 shall be
consistent with the previously developed areas of Teravista (within the City
extraterritorial jurisdiction). Specifically, the street section design for local
streets, per the current UDC is 28' BC -BC (with parking restricted on one
side), which is a consistent with the previously developed sections of
Teravista."
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Section 5.01 of the Consent Agreement is hereby amended to include the following
additional provisions:
A. Developer will extend the waterline from the easterly boundary line of Tract 1 (near
Highway 1460) to the waterline system of La Conterra (westerly line along Highway
1460).
B. Developer will construct and install a collector -level road on the Tract I/Tract 2,
such road being shown on the Master Land Plan attached as Exhibit "B".
,fi. 0 3 Electric Services. Section 6.01 of the Consent Agreement is hereby amended to
include the followina additional sentence:
City, Developer and District agree that the Georgetown Utility System (GUS) will provide
electric services for the development of Tract I and Tract 2.
6.04 Fire Protection Services.
Section 6.04 of the Consent Agreement is hereby amended to include the following
additional provisions:
The City will have two years after the Effective Date hereof to elect, by written notice to
Developer, to -use the Excluded Tract for a fire station, Developer will provide written
notice to the City no later than 90 days prior to the two year deadline. If City makes such
election within the two year period, Developer will dedicate the Excluded Tract to the City,
in a form reasonably acceptable to City and Developer. In the event City fails to make the
election within the two year period, the City will have no ftirther rights with respect to the
erNO for commercial use in a fashion
similar to Tract Z2. The City may elect to an x the Excluded Tract whether the property
develops as a fire station or as a commercial use.
7.01. Park Land Dedication and Improvements. Section 7.01 of the Consent
Agreement is hereby amended to include the following additional provisions:
"Developer hereby agrees to construct and install certain parkland
improvements within a portion of the previously dedicated 25.0 -acre
Community Parkland Dedication (herein so called) (Area "A" as indicated
on amended Master Plan). The parkland improvements are planned to
contain a community splash pad area (approximately 3,000 square feet of
surface area) with signature splash elements, shade structures, a parking
area, rest room facility, open play fields, a V2 -mile trail loop, outdoor
fitness equipment (along the trail loop), a passive interpretive butterfly
garden and trailhead connectivity to the community, such parkland
improvements being generally depleted on the attached Exhibit "G"
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81 e i Road Improvements. Section1 of the Consent
Agreement•`r to include the following additional provision:
ccf A Traffic Impact Analysis (TIA) for Tract I and Tract 2 will
completed and be approved by the Ci -prior to any development per
ity
on e: d a:
include9.02. Vestin2 of Rights. Section 9.02 of the Consent Agreement is hereby amended to
following .id i
Notwithstanding anything in the Consent Agreement or this Third Amendment to the
contrary, Developer acknowledges and agrees that development of Tract 1 and Tract 2 must
comply with the City's 2015 Unified Development Code.
11.01. Miscellaneous.
A. Except as specifically amended herein, all provisions of the Consent
Agreement are hereby acknowledged and ratified by the parties hereto to be in full force and
effect.
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B. Unless defined differently herein or the context clearly requires otherwise,
each capitalized term used in this Third Amendment shall have the meaning ascribed to such
term in the Consent Agreement.
C. This Third Amendment may be executed in several counterparts, each of
which shall be deemed an original. The signatures to this Third Amendment may be
executed on separate pages, and when attached to this Third Amendment shall constitute one
(1) complete document.
DThe parties agree that this Third Amendment shall be recorded in the Real
Property Records of Williamson County, Texas at the expense of the Developer.
E. The following exhibits are attached to this Third Amendment and
incorporated herein by reference:
Exhibit A-]:
Description of Tract I
Exhibit A-2:
Description of Tract 2
Exhibit A-3:
Description of the Excluded Tract
Exhibit B:
Third Amended Master Land Plan
Exhibit G:
Depiction of Parkland Improvements
Exhibit H:
Sample Community Requirements for Home Construction
Within Teravista
Any exhibit to the Consent Agreement not listed above will remain unchanged and in full
force and effect.
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EXECUTED this the
0
by
Texas, a •, city, on behalf of the City,
2015 ("Effective Date")
— day of 2015,
of the City of Georgetown,
Notary Public Signature
Printed Name:
My Commission Expires:
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DEVELOPER: NNP -TE VISTA, L.L.C., a Texas limited liability
company
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of
'2015, by of NNP-
Teravista, L.L.C, a Texas limited liability company.
(Seal)
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MI
THE STATE OF TEXAS
COUNTY OF TRAVTS —1
Kristin Deloney, President
Board of Directors
This instrument was acknowledged before me on 2015,
by Kristin Deloney, President of Williamson County Municipal Utility District No.
political subdivision of the State of Texas, on behalf of the District.
(seal)
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