HomeMy WebLinkAboutRES 120815-I - ANX SEWCMUD WoodhullA RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS CONSENTING
TO THE ANNEXATION BY SOUTHEAST WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 1 OF AN ADDITIONAL 0.131 ACRES
��- *Y A5'5!U1'MM-4rF
THE CONSENT AGREEMENT AND WASTEWATER SERVICES
AGREEMENT; APPROVING THE FIRST AMENDMENTS TO THE
CONSENT AGREEMENT AND THE WASTEWATER SERVICES
I I I I a a a 19144"011 MA 4
WHEREAS, effective on December 14, 2014, the City of Georgetown Woodhull Family
Partners ("Woodhull Family"), and Sentinel Land Company, LLC ("Sentinel Land") entered into
that certain Consent Agreement recorded in the Official Records of Williamson County as
Document No. 2015002545 ("Original Consent Agreement") authorizing the creation of Southeast
Williamson County Municipal Utility District No. 1 ("District') as an "in -city" municipal utility
district, and that certain Wastewater Service Agreement recorded in the Official Records of
Williamson County as Document No. 2015002546 ("Original Wastewater Agreement") regarding
the provision of retail wastewater services to the land within the District; and
WHEREAS, an election confirming creation of the District was held on November 3, 2015 and a
duly authorized representative of the District has executed the Original Consent Agreement and
the Original Wastewater Agreement, copies of which were timely provided to the City; and
WHEREAS, on November 30, 2015, Sentinel Land and Woodhull Ventures 2015, L.P., a Delaware
limited partnership ("Woodhull Ventures") requested the City Council's written consent to the
assignment of the Original Consent Agreement and the Original Wastewater Agreement from
Sentinel Land to Woodhull Ventures; and
WHEREAS, on November 30, 2015, Woodhull Ventures also submitted a petition to the City
Secretary pursuant to Section 4.02 of the Original Consent Agreement, and Sections 49.301 and
54.016 of the Texas Water Code, requesting the City Council's consent to annexation into the
District of approximately 0.131 acres (+/-) of additional land (the "Additional Land") which was
inadvertently omitted from the District boundaries in the Original Consent Agreement and the
Original Wastewater Agreement due to surveyor error or other oversight, being an eight -foot -
wide strip of land immediately adjacent to the original District boundaries and within the
corporate limits of the City; and
WHEREAS, the City CoumA wishes to provide its written consent to the assignment of the
Original Consent Agreement and Original Wastewater Agreement by Sentinel Land to Woodhull
Ventures, annexation of the Additional Land into the boundaries of the District; and amendment
Resolution No. 1aQSt5___1C_
Consent to Annexation of 0.131 Acres of Land into SEWCMUD No.1, Assignment to Woodhull Ventures
2015, L.P., and Amendment of Original Consent Agreement and Original Wastewater Service Agreement
Page 1 of 4
of the Original Consent Agreement and the Original Wastewater Agreement to make conforming
changes consistent with said assignment and annexation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT7 07
GEORGETOWN, TEXAS:
Section 1: The foregoing recitals are hereby found to be true and correct and are adopted as
part of this Resolution for all purposes.
Section 2: The City Council hereby grants its written consent to, the assignment and
delegation by Sentinel Land to Woodhull Ventures of all of Sentinel Land's rights and obligations
under the Original Consent Agreement and the Original Wastewater Agreement, and authorizes
the Mayor to sign and the City Secretary to attest the "Assignment and Assumption Agreement"
attached hereto as Exhibit A and incorporated herein by reference for all purposes.
Section 3: The City Council hereby grants its written consent to the annexation into the
boundaries of the District of the Additional Land, which is described by metes and bounds and
surveyor's sketch in Exhibit B, attached hereto and incorporated herein by reference for all
MEN=
Section 4: The City Council hereby approves and authorizes the Mayor to sign and the City
Secretary to attest the "First Amended Consent Agreement" attached hereto as Exhibit C and
incorporated herein by reference for all purposes.
Section 5: The City Council hereby approves and authorizes the Mayor to sign and the City
Secretary to attest the "First Amended Wastewater Service Agreement" attached hereto as
Exhibit D and incorporated herein by reference for all purposes.
Section 6: This Resolution shall become effective immediately upon its adoption.
Resolution No. jDC)OOvs--L
Consent to Annexation of 0.131 Acres of Land into SEWCMUD No.1, Assignment to Woodhull Ventures
2015, L.P., and Amendment of Original Consent Agreement and Original Wastewater Service Agreement
Page 2 of 4
PASSED AND APPROVED on the. q day of DL ---,20—.
By:
Dale Ross, Mayor
0XVILMIS
<1
By:
Shelley No lin City Secretary
By:
0
Exhibit A:
Assignment and Assumption Agreement
Exhibit B:
The Additional Land (0.131 acres) to be annexed into the District
Exhibit C:
First Amended Consent Agreement
Exhibit D:
First Amended Wastewater Service Agreement
Resolution No. N-;tQ'3V5-7Y-
Consent to Annexation of 0.131 Acres of Land into SEWCMUD Nod, Assignment to Woodhull Ventures
2015, L.P., and Amendment of Original Consent Agreement and Original Wastewater Service Agreement
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
1, the undersigned officer of the City of Georgetown, Texas, hereby certify as follows:
1. The City Council of the City of Georgetown, Texas convened in regular session on the 8t" day
of December 2015. All of the following City Council members were present:
Dale Ross Mayor
Anna Eby Councilmember District 1
Keith Brainard Councilmember District 2
John Hesser Councilmember District 3
Steve Fought Councilmember District 4
Ty Gipson Councilmember District 5
Rachael Jonrowe Councilmember District.6
Tommy Gonzalez Councilmember District 7
except , thus constituting a quorum. Whereupon, among other
business, the following was transacted at the meeting: A written
RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS CONSENTING TO
THE ANNEXATION BY SOUTHEAST WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1 OF AN ADDITIONAL 0.131 ACRES (+/-) OF LAND
INTO THE DISTRICT, CONSENTING TO ASSIGNMENT OF THE CONSENT
AGREEMENT AND WASTEWATER SERVICES AGREEMENT, APPROVING
THE FIRST AMENDMENT TO THE CONSENT AGREEMENT; AND
ESTABLISHING AN EFFECTIVE DATE
was introduced for consideration by the City Council. It was then duly moved and seconded
that the Resolution be adopted and the motion, carrying with it the adoption of the
Resolution, prevailed and carried unanimously.
2. A true, full, and correct copy of the aforesaid Resolution adopted at the meeting described in
the above and foregoing paragraph is attached to and follows this certificate; the action
approving the Resolution has been duly recorded in the City Council's minutes of the
meeting; the persons named in the above and foregoing paragraph are the duly chosen,
qualified, and acting members of the City Council of the City of Georgetown as indicated
therein; the meeting was open to the public as required by law; and public notice of the time,
place, and subject of each meeting was given as required by Chapter 551, Texas Government
Code.
-5
SIGNED AND SEALED on the '6 day of 201
— —
Shelley Nowliv" N Secretary
Assignment ii Assumption Agreement
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is made and
entered into as of the 23rd day of November, 2015, between SENTINEL LAND COMPANY,
LLC, a Texas limited liability company ("Assignor'), and WOODHULL VENTURES 2015, LoP.,
a Texas limited partnership (" ') (Assignor and Assignee are hereinafter
sometimes collectively referred to as the "Parties" and singularly as a "P3rty").
OW a
low
Assignment and Assumption Agreement Page 1
(Consent Agreement) v2
3. Assumption. Assignee hereby assumes all obligations of Assignor and any liability
that may result from acts or omissions by Assignee under the Agreements as they relate to
the Transferred Premises that may arise or accrue from and after the effective date of this
Assignment, and Assignor is hereby released from all such obligations and liabilities from
and after the effective date of this Assignment; provided, however, this Assignment does
not release Assignor from any liability that resulted from an act or omission by Assignor
that occurred prior to the effective date of this Assignment unless the City approves the
release in writing.
4. Goveming Law. This Assignment must be construed and enforced in accordance
with the laws of the State of Texas, as they apply to contracts performed within the State of
Texas and without regard to any choice of law rules or principles to the contrary.
g
al '21k 9. *1 - o INHU, •10 �
counterparis, eacn oi wfiicn stian I -• -1 "M -VJII. ilf--•- LIM M r -, tel oil
of such counterparts by any signatory shall have the same force and effect and shall be
binding upon such signatory to the same extent as if the same counterpart were executed
by all of the signatories. Facsimile copies of signatures may be appended hereto with the
same force andeffect as legally delivered original signatures.
6. Notice to City. A copy of this Assignment shall be provided to the City within fifteen
(15) days after execution.
7. Binding EffecL This Assignment shall be binding upon and shall inure to the benefit
of Assignor and Assignees and their respective heirs, personal representatives, successors,
and assigns.
MM71672"TaTrIf I alln,
signaturepage immediately follows.
Assigament and Assumption Agreement Page 2
(Consent Agreement) v2
EXECUTED as of the day and year first above written.
SENTINEL LAND COMPANY, LLC,
a Texas limited liability company
By:
Printed Name: David Nairne
Title: Vice President
STATE OF TEXAS §
COUNTY OF TRAVIS §
SWORN TO AND SUBSCRIBED before me on the clay of tom' 06-c-(' 20jS� by David
Nairne, as Vice President of Sentinel Land Company, LLC, a Texas limited liability company,
on behalf of said limited liability company.
11VAU0 6111611
(Consent Agreement)
e#ptl 6-ie of Texas
Signature Pages (I of 3)
v2
r1midilk
WOODHULL VENTURES 2015, L.P.,
a Texas limited partnership
By: Sentinel Woodhull GP LLC,
a Texas limited liability company,
its general partner
B
Printed Name:, David Nairne
Title:- Vice President
STATE OF TEXAS §
COUNTY OF TRAVIS §
SWORN TO AND SUBSCRIBED before me on the '�'S day of Noof� 20IS
, by David
Nairne, as Vice President of Sentinel Woodhull GP LLC, a Texas limited liability company,
on behalf of said limited liability company in its capacity as general partner of Woodhull
Ventures 2015, L.P., a Delaware limited partnership.
ZACH SUMNERS
MY COMMISSION EXPIRES
DECEMBER 18, 2018
[SEAL] I
Printed Narne:
My Commission Expires:
(Consent Agreement)
----------- �14
N 'R of Texas
DRI
The City,hereby joins Assignor and Assignee in the execution of this Assignment for the sole
purpose of evidencing the City's consent to Assignor's assignment of the Agreements to
Assignee as set forth in this Assignment.
By:
Name:
Title:
FAV 0 V :&'I
By:_
Name:
Title:—
Date:—
By:
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on 1 2015, by
as of the City of Georgetown, Texas, a home -
rule city located in Williamson County, Texas, on behalf of the City.
EM
JkFERVWR�F! -1-5rMITAW-JO-4 M-40
(Consent Agreement)
. . M VUMMM
090 HVE:UPMHT M12099INDL TRARSPORIP1981
A
b #
A �01 .507 acm or 1-3,133,643 �quam fW tnore or less, Imct of land cowieye& to Woot%
BEGINNING. At a set 'A" iron rod with )VllOW CaP MWt0d the n0rtbwc
corner Qf said called .100 acre tract, tract" wid the southwest corntr of
calW 00 acre tmet mcordod in Document Mo- 200OD43604 'Of Lbe Offici
Public Records vMlliarnson County, Ttxw:
THENCEW. IN i6MV4V E. departing The WC5L TiShl Of WAY line of mid County Roi
I 1WRockride Road, along and With the north line of said called 100 &cr&
"T'd =ct!' and tlIc south 11iie of said c2l led 5.00 acm tract, at 2'distancc
10=03 passing thL,southeast corner of said cufled 5.00 acre tract and
southwest corner of a called 5.0D acre trect recordcd in Documont
�0131122,55 of ;bc Official Publio Records of Wi iamson County,
,matinuing along and with the south line, of sedd called 5.00 acre tract jwd
nonh line of szid calltd 100 acre tract, -Z' trad-. fbr a total distance
J657.26 fcat to a set W iron rod will yellow cap marked "Papt-Dawson%
southeast corner of said czllcd'S.00 acn: tract, the southwest corner of sa
called 256 V3 ucre imct, -rmct No. 2" And a point la th.e nonh line of sa
called- % acre t-act,'144 tract";
THENCE- N 214W'40- W. depaning-thr nonh tine of said called 100 acro tract, �nd
along and with the west line of 3zid oticd 256 2n act! tract, —rr*Q No. 2- a
,the east Hne of said called. -5.00 a= ttactl at. a distwicc of 273.28 foct. p=
the
it floatwast comer of said ca led 5.00 acre I= End the Nutheut corner of
4mllcd 5.00 acre tract recorded in Docament No. 2012OU786 011110 Offilli,
,Public Records of arnsoft Cvjnty. Tex43. continuing elo,; and Wath'
west line ofsaid call.ed 2,56 V3 acn: tract. "Tract No. 27 Anti Qit ca -a Wic of
g �� atV a 39:: W..t AN& I L In.
AU01, /SAM AFTUSIB'/"MUSION I ""Snow. C ' "7
pvz-454-472L
Assignment and Assumption Agreement Exhibit A - Page 1 of 3
(Consent Agreement) v2
301.507 A*rs
job No. 1,9009- 14
Pa4ft 3 &r $
distance. of 19.00.36 fccl to a found 4vu rod W*;Ch. D)UMinull'. cap twrark
'I—XDOT'. a point itj the West tight of way 'line of Texas Toll Road 130.
valiabtz Width fight of way,
THENCE-- southe=a1y, along a non -tangent corv4 to the liOr. along aad with the
right of way line of sold Texas Toll Road 00, said =-�c hving in radl-
k
W!
bewbg of N 5012649" E, a radius of 4364.23 fettt, a central angle -of 00-22-07
V
achordbearing ac�ddistanctof.SI9*44'14*1�,31,29 l`eCt,4narcltft,.OthOfIl.
fccj to;bset W iron rod wj(h-Ycjjow cap rdar%cd "Pape -Dawson, a pokit in
north lint of the remAinirig ponion of a called 70100 s,;:e iiAet record4d
Document No. 201008744-1 of the Officlit -Falic Records of Willia
County, Ttiw_
THENCE. S 67OW'201 W, departing the wcsl tight of way line of said Texas Toll Road
1�0,� along andwkb The north lint of the Tcrn-ainimg portion of said COUed 7DI09
acre trAct . a distance of 137.96 feet to a set W iron rod. -with >611ow capfmarked
'Pape-Daw5on"-.
VENCt. S 66'39'59' W, alorig and -with Uht morth Line of the remaining portion of said
called 7.0109 acre tract. a diamte, of 571-12 feet to a fx)b.-)d '/,,- iron rod, Ilic
mthwmt porner of the remokilrg Portion of said- Wiled 7.0109 acre Itbet' .
THENCE., S 22*CV19* p, along and Vvh :he w= Jir4 of said remaining pottlori. ofa called
7.0109 acre, t=z, ti distanot of 30CS2 f=t to a ro-ind W iron md. flao- sauthWA:-"'
t=er of Wd retnoinins portion of a called 7.0109 acre MCI:
THENCE' N 67110640" E, along and� with the south fine of said mnaining ponion of
culjed 7.0109 =e traict, a dfisut= of 295.+1 feet to ocalculated point-,
THENCE- Departing dv; south line of saW remainIng portion of it callexi 7.0109 acm t
ovet and =ran sald, rernaWma portion of a c0ed 110 acre tr=, "Iftnuct No.
w
4be following C -MIS MA distanoes:
S M"47*JU'r'IdisIaiicc of M34 f"I to a criculated point#
9, 3OP55'W W, a 6stma of 196.24 ket it> a "tculated poidt;
S 14'54*32' W, a di stance, of 500-73 fe,:t to A cilculiaOd point.
Assignment and Assumption Agreement Exhibit A — Page 2 of 3
(Consent Agreement) V2
THENCE: N 2 1*3 108*1 W -a 41s),-m�t of 101.6-5 feet !o (h,-. PONT OF 13EOEN-NIN-0wi
contaiming 301.507 wrts in the City. of 42eorge4wn. Williamson Coun
Tetw SAW Ma being dtscr.bod in :»<»:<«°—<:,:2..:« « « nd
I
Job No. 59000-14 by Npc Dawson EnSin-ters, Inc.
PPOIAREDDY; Pape-D#w3onEiptx=.lw.
DAM. l%tuvy2?*2014
REVISM., r—Jx2014
J#1\. «\«\
D»« »
OBAN1-
DQCJD,*WILKWore-3
TOM Firm 22«x». .2{
Ums Vk-" ftrAktr-Ariof) #100290-
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The Additional L. !(0-131 `
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1. N 68'15'35" E, a distance of 171.85 feet to a calculated point of tangent curvature,
2. along the arc of said curve to the right, having a radius of 310.00 feet, a central angle of
13020142", a chord bearing and distance of N 74055155" E, 72.04 feet, an are length of
72.20 feet to a calculated point of tangency,
3. N 8103616 E, a distance of 248.33 feet to a calculated point of tangent curvature,
4. along the are of said curve to the left, having a radius of 355.00 feet, a central angle of
31023'00", a chord bearing and distance of N 655446" E, 192.03 feet, an arc length
of 194.45 feet to a calculated to of tangency,
Austin I San Antonio I Houston I Fort Worth I Dallas
Transportation I Water Resources I Land Development I Surveying I Environmental
7800 Shoal Creek Blvd., Suite 220 West, Austin, TX 78757 T: 512.454.8711 www,Pape-Dawson.com
EXHIBIT B ("Additional Land" 0.131 Acres) Paqe 1 of 3
5. N 50013'16" E, a distance of 80.80 feet to a calculated point,
6. S 3904644" E, a distance of 7.69 feet to a calculated point,
7. S 50008'33" W, a distance of 80.31 feet to a calculated point of tangent curvature,
8. along the arc of said curve to the right, having a radius of 355.01 feet, a central angle of
31023'00'1 , a chord bearing and distance of S 65'50'03" W, 192.03 feet, an arc length
of 194.46 feet to a calculated point of tangency,
9. S 81*31'33" W, a distance of 248.34 feet to a calculated point of tangent curvature,
10. along the arc of said curve to the left, having a radius of 310.01 feet, a central angle of
13'20'42", a chord bearing and distance of S 74'51'12" W, 72.04 feet, an arc length
of 72.21 feet to a calculated point of tangency,
11. S 68010'51" W, a distance of 174.66 feet to a calculated point and,
12. N 21-31'08" W, a distance of 8.20 feet to the POINT OF BEGINNING and containing
0.131 acres in the in the City of Georgetown, Williamson County, Texas, Said tract being
described in accordance with an exhibit prepared under Job No. 59000-14 by Pape
Dawson Engineers, Inc.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: October 30, 2015
JOB No.: 59000-14
DOCID.: H-Nsurvey\S1JRVEY14\14-59000VV= and NSM\Word\O. 131 Ac.-N4NM.docx
TBPE Finn Registration #470
TBPLS Firm Registration #100288-01
4
PiPAPE-DAWSON
ENGINEERS
MA M E71
EXHIBIT B ("Additional Land" 0.131 Acres) Page 2 of 3
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EXHIBIT
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B ("Additional Land" 0.131 Acres) Page 3 of 3
I�"rzRT��WU�3�m22(01fitR76*7�
B ("Additional Land" 0.131 Acres) Page 3 of 3
B ("Additional Land" 0.131 Acres) Page 3 of 3
FIRST AMENDED
Lwjkl&-Sfilil�t
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This First Amended Consent Agreement (the "First Amendment'') is entered into by and
among the City of Georgetown, Texas (the "C), a home -rule city located in Williamson
County, Texas, Woodhull Family Partners, a Texas general partnership (the "Owner"), Woodhull
Ventures 2015, L.P., a Delaware limited partnership ("Woodhull Ventures" or the "Developer"),
permitted Assignee of Sentinel Land Company, LLC, a Texas limited liability company ("Sentinel
Land") and the Southeast Williamson County Municipal Utility District No. 1, a district created
under Chapters 49 and 54 of the Texas Water Code (the "District ").
WHEREAS, the City, the Owner, Sentinel Land, and the District are parties to that certain
Consent Agreement approved by the City Council of the City on October 21, 2014, recorded in the
Official Records of Williamson County as Document No. 2015002545, and joined by the District on
August 20, 2015 (the "Original Consent Agreeniene), setting forth the terms and conditions of the
'
City's consent to creation of the District and addressing the development of a 301.507 acre tract of
land located in the city limits of the City; and
WHEREAS, pursuant to that certain "Assignment and Assumption Agreement" dated
November 23, 2015, Sentinel Land assigned all of its rights and obligations under the Original
Consent Agreement to Woodhull Ventures, and pursuant to the Resolution adopted on even date
herewith, the City consented to such assignment; and
WHEREAS, pursuant to that certain "Petition for City Consent to Annex 0.131 Acres of
Land into the Boundaries of Southeast Williamson County Municipal Utility District No. I" dated
November 23, 2015, Woodhull Ventures requested the City Council's consent to annexation by the
District of 0.131 acres of land described by metes and bounds on Exhibit "A-1," attached hereto,
and pursuant to the Resolution adopted on even date herewith, the City Council consented to
annexation by the District of said 0.131 acres of additional land into the boundaries of the District;
and
WHEREAS, the Parties now desire to amend the Original Consent Agreement to reflect the
assignment by Sentinel Land to Woodhull Ventures and the addition of 0.131 acres of land into the
boundaries of the District and to make other conforming changes.
NOW, THEREFORE, in consideration of the forgoing recitals and mutual agreements set
forth herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of
which are all hereby acknowledged, the City, the Owner, Woodhull Vcntures, and the District
hereby agree to amend the Consent Agreement as follows:
1, Sections 1.0 1 (k), 1.01(u) and 1.01(v) of the Original Consent Agreement are hereby
revised and amended to provide as follows:
First Amended Consent Agreement SEWCMUD I
Page I of 8
(k) Developer: means Woodhull Ventures 2015, L.P., a Delaware
limited partnership, or its permitted successors and Assignees under this
Agreement.
(u) Land: means a total of 301.638 acres of land located within the
City limits of the City of Georgetown, Texas, consisting of the following (1)
301.507 acres of land more specifically described by metes and bounds and
surveyors sketch on Exhibit A of the Consent Agreement recorded in the Official
Records of Williamson County, Texas as Document No. 2015002545; and (2)
0.131 acres of land more specifically described by metes and bounds on Exhibit
-A-L"which is attached to this First Amendment and incorporated herein for all
smtt
(v) Land Plan: means the proposed development on the Land
generally in conformance with the First Amended Land Plan which is attached to
this First Amendment as the First Amended Exhibit C. as the same may be
amended with the consent of the City from time to time.
2. The City Council of the City of Georgetown, Texas hereby approves the First
Amended Land Plan attached hereto as First Amended Exhibit C. Beginning on the First
Amendment Effective Date (defined below), all references in the Original Agreement to the Land
Plan and to Exhibit C shall mean and refer to the First Amended Land Plan attached hereto as First
Amended Exhibit C.
3. Miscellaneous.
A. Except as specifically amended herein, all provisions of the Original Consent
Agreement shall continue to be in full force and effect.
B. Unless defined differently herein or the context clearly requires otherwise,
each capitalized term used in this First Amendment shall have the meaning ascribed to such term in
the Original Consent Agreement.
C. This First Amendment may be executed in several counterparts, each of
which shall be deemed an original. The signatures to this First Amendment may be executed on
separate pages, and when attached to this First Amendment shall constitute one (1) complete
document.
D. The parties agree that this First 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 First Amendment and incorporated
herein by reference:
Exhibit A -L Description of 0.131 acre tract of land annexed into the District
First Amended Exhibit C: First Amended Land Plan
Any exhibit to the Original Consent Agreement not listed above is unchanged and remains in full
force and effect.
First Amended Consent Agreement SEWCMUD 1
Page 2 of 8
F. The effective date of this First Amendment shall be latest date accompanying the
signature lines below (the "First Amendment Effective Date").
0
Shelley Nowling, City Secretary
By:
Bridget Chapman, City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of
2015, by Dale Ross, Mayor of the City of Georgetown, Texas, a home -rule city, on behalf of the
City.
(seal)
First Amended Consent Agreement SEWCMUD I
Page 3 of 8
WOODHULL FAMILY PARTNERS
a Texas general partnership
tn
10
STATE OF TEXAS §
COUNTY OF §
Daniel Y. Kruger
This instrument was acknowledged before me the _ day of
2015, by Daniel Y. Kruger of Woodhull Family Partners, a Texas general partnership, on behalf of
Woodhull Family Partners.
(seal)
Notary Public Signature
First Amended Consent Agreement SEWCMUD I
Page 4 of 8
Hollie Woodhull Alexander
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2015, by Hollie Woodhull Alexander of Woodhull Family Partners, a Texas general partnership,
behalf of said general partnership. I
(seal)
Notary Public Signature
First Amended Consent Agreement SEWCMUD 1
Page 5 of 8
By:
Margaret Woodhull
STATE OF COLORADO §
COUNTY OF §
This instrument was acknowledged before me on the day of
2015, by Margaret Woodhull of Woodhull Family Partners, a Texas general partnership, on behalf
of said general partnership.
(seal)
Notary Public Signature
First Amended Consent Agreement SEWCMUDI
Page 6 of 8
DEVELOPER: WOODHULL VENTURES 2015, L.P., a Delaware limited
partnership
By: Sentinel Woodhull GP, LLC, a Texas limited liability
company, its General Partner
By:
David Nairne, Vice President
THE STATE OF
•
This instrument was acknowledged before me on this _ day of 5
2015, by David Naime, Vice President of Sentinel Woodhull GP, LLC, a Texas limited liability
company, on behalf of said limited liability company in its capacity as General Partner of Woodhull
Ventures 2015, L.P., a Delaware limited partnership.
(seal)
First Amended Consent Agreement SEWCMUD I
Page 7 of 8
By:
Patrick Oliver, Secretary
Board of Directors
THE STATE OF TEXAS
COUNTY OF
# I
LQ1111jugame, 01 6my ".4 to
By:
Chris Zigrossi, President
Board • •
This instrument was acknowledged before me on this _ day of 3
2015, by Chris Zigrossi, President of Southeast Williamson County Municipal Utility District No. 1,
a political subdivision of the State of Texas, on behalf of the District.
(seal)
First Amended Consent Agreement SEWCMUD I
Page 8 of 8
FIELD NOTES
FOR
1. N 6801535" E, a distance of 171.85 feet to a calculated point of tangent curvature,
2. along the arc of said curve to the right, having a radius of 310.00 feet, a central angle of
13120'42", a chord bearing and distance of N 74'5555" E, 72.04 feet, an are length of
72.20 feet to a calculated point of tangency,
3. N 81036, i6l' E, a distance of 248.33 feet to a calculated point of tangent curvature,
4. along the arc of said curve to the left, having a radius of 355.00 feet, a central angle of
it
31023'00 , a chord bearing and distance of N 6505446" E31 192.03 feet, an are length
of 194.45 feet to a calculated point of tangency,
4uafln f 8an AnIvn]n / Raostv, [ Fort \Wnztk T Da||ao
Transportation | Water Resources | Land Development Surveying | Environmental
7800 Shoal Suite 22QWest'Austin, TX7875YT: 512.454,8711 www.Pape-Dawson.com
EXHIBIT 4~1/0.13MAcres mtLand Annexed 'into District) pone1ofu
5. N 50'13'16" E, a distance of 80.80 feet to a calculated point,
6. S 39'4644" E, a distance of 7.69 feet to a calculated point,
7. S 50008'33" W, a distance of 80.31 feet to a calculated point of tangent curvature,
8. along the arc of said curve to the right, having a radius of 355.01 feet, a central angle of
31023'00", a chord bearing and distance of S 65'50'03" W, 192.03 feet, an arc length
of 194.46 feet to a calculated point of tangency,
9. S 81'31'33" W, a distance of 248.34 feet to a calculated point of tangent curvature,
10, along the arc of said curve to the left, having a radius of 310.01 feet, a central angle of
13'20'42", a chord bearing and distance of S 74'51'12" W, 72.04 feet, an arc length
of 72.21 feet to a calculated point of tangency,
11. S 6801051" W, a distance of 174.66 feet to a calculated point and,
12. N 21-31'08" W, a distance of 8.20 feet to the POINT OF BEGINNING and containing
0.131 acres in the in the City of Georgetown, Williamson County, Texas, Said tract being
described in accordance with an exhibit prepared under Job No. 59000-14 by Pape
Dawson Engineers, Inc.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: October 30, 2015
JOB No.: 59000-14
DOCID.: H:\survey\SLJRVEY14\14-59000\M-LJD and NEVM\Word\O. 131 Acs .docx
TBPE Firm Registration #470
TBPLS Firm Registration #100288-01
pfPAPE-DAWSON
ENGINEERS
'M M ME
EXHIBIT A-1 (0.131 Acres of Land Annexed into District) Page 2 of 3
COUNTY ROAD I
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EXHIBIT A-1 (0.131 Acres. of Land Annexed into District) Page 3 of
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First Amended Wastewater Service Agreement
FIRST AMENDED
WASTEWATER SERVICE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This First Amended Wastewater Service Agreement (the "First Amendment"} is entered into
by and among the City of Georgetown, Texas (the "City"), a home -rule city located in Williamson
County, Texas, Woodhull Family Partners, a Texas general partnership (the "Owner"), Woodhull
Ventures 2015, L.P., a Delaware limited partnership ("Woodhull Ventures" or the "Developer"),
permitted Assignee of Sentinel Land Company, LLC, a Texas limited liability company ("Sentinel
Land") and the Southeast Williamson County Municipal Utility District No. 1, a district created
under Chapters 49 and 54 of the Texas Water Code (the "Pistrict").
WHEREAS, the City, the Owner, Sentinel Land, and the District are parties to that certain
Wastewater Service Agreement approved by the City Council of the City on October 21, 2014,
recorded in the Official Records of Williamson County as Document No. 2015002546, and joined
by the District on August 20, 2015 (the "Original Wastewater Agreement"), setting forth the terms
and conditions of the City's provision of wastewater service to a 301.507 acre tract of land located
in the city limits of the City; and
WHEREAS, pursuant to that certain "Assignment and Assumption Agreement" dated
November 23, 2015, Sentinel Land assigned all of its rights and obligations under the Original
Wastewater Agreement to Woodhull Ventures, and pursuant to the Resolution adopted on even date
herewith, the City consented to such assignment; and
WHEREAS, pursuant to that certain "Petition for City Consent to Annex 0.131 Acres of
Land into the Boundaries of Southeast Williamson County Municipal Utility District No. I" dated
November 23, 2015, Woodhull Ventures requested the City Council's consent to annexation by the
District of 0.131 acres of land described by metes and bounds on Exhibit "A-1," attached hereto,
and pursuant to the Resolution adopted on even date herewith, the City Council consented to
annexation by the District of said 0.131 acres of additional land into the boundaries of the District;
and
WHEREAS, the Parties now desire to amend the Original Wastewater Agreement to reflect
the assignment by Sentinel Land to Woodhull Ventures and the addition of 0.131 acres of land into
the boundaries of the District and to make other conforming changes.
NOW, THEREFORE, in consideration of the forgoing recitals and mutual agreements set
forth herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of
which are all hereby acknowledged, the City, the Owner, Woodhull Ventures, and the District
hereby agree to amend the Consent Agreement as follows:
1. Section 1.01(u) of the Original Wastewater Agreement is hereby revised and
amended to provide as follows:
First Amended Wastewater Service Agreement SEWCMUDI
Page I of 8
(n) Land: means a total of 301.638 acres of land located within the
City limits of the City of Georgetown, Texas, consisting of the following (1)
301.507 acres of land more specifically described by metes and bounds and
surveyors sketch on Exhibit A of the Wastewater Service Agreement recorded in
the Official Records of Williamson County, Texas as Document No. 2015002546;
and (2) 0.131 acres of land more specifically described by metes and bounds on
Exhibit "A-1, "which is attached to this First Amendment and incorporated herein
for all purposes.
2. The City Council of the City of Georgetown, Texas hereby approves the First
Amended Land Plan attached hereto as First Amended Exhibit B. Beginning on the First
Amendment Effective Date (defined below), all references in the Original Wastewater Agreement to
the Land Plan and to Exhibit B shall mean and refer to the First Amended Land Plan attached hereto
as First Amended Exhibit B.
3. Miscellaneous.
A. Except as specifically amended herein, all provisions of the Original
Wastewater Agreement shall continue to be in full force and effect.
B. Unless defined differently herein or the context clearly requires otherwise,
each capitalized term used in this First Amendment shall have the meaning ascribed to such term in
the Original Wastewater Agreement.
C. This First Amendment may be executed in several counterparts, each of
which shall be deemed an original. The signatures to this First Amendment may be executed on
separate pages, and when attached to this First Amendment shall constitute one (1) complete
document.
D. The parties agree that this First 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 First Amendment and incorporated
herein by reference:
Pit A-1: Description of 0. 131 acre tract • land annexed into the District
I-Tirst Amended Exhibit B- First Amended Land Plan
Any exhibit to the Original Wastewater Agreement not listed above is unchanged and remains in fall
force and effect.
F. The effective date of this First Amendment shall be latest date accompanying the
signature lines below (the "First Amendment EfLective Date').
First Amended Wastewater Service Agreement SEWCMTJDI
Page 2 of 8
By:
Dale Ross, Mayor
Shelley Nowling, City Secretary
By:
Bridget Chapman, City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of 5
2015, by Dale Ross, Mayor of the City of Georgetown, Texas, a home -rule city, on behalf of the
City.
(seal)
Notary Public Signature
First Amended Wastewater Service Agreement SEWCMLJDI
Page 3 of 8
-IWIIIM'� " '�
a Texas general partnership
MI
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me the _ day of
2015, by Daniel Y. Kruger of Woodhull Family Partners, a Texas general partnership, on behalf of
Woodhull Family Partners.
(seal)
Notary Public Signature
First Amended Wastewater Service Agreement SEWCNIUDI
Page 4 of 8
Hollie Woodhull Alexander
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the _ day of
2015, by Hollie Woodhull Alexander of Woodhull Family Partners, a Texas general partnership, on
behalf of said general partnership.
(seal)
Notary Public Signature
First Amended Wastewater Service Agreement SEWCMUDI
Page 5 of 8
By:
Margaret Woodhull
STATE OF COLORADO §
COUNTY OF §
This instrument was acknowledged before me on the _ day of
2015, by Margaret Woodhull of Woodhull Family Partners, a Texas general partnership, on behalf
of said general partnership.
(seal)
First Amended Wastewater Service Agreement SEWCWDI
Page 6 of 8
DEVELOPER: WOODHULL VENTURES 2015, L.P., a Delaware limited
partnership
By: Sentinel Woodhull GP, LLC, a Texas limited liability
company, its General Partner
By:
David Nairne, Vice President
THE STATE OF
• • -
This instrument was acknowledged before me on this _ day of 5
2015, by David Nairne, Vice President of Sentinel Woodhull GP, LLC, a Texas limited liability
company, on behalf of said limited liability company in its capacity as General Partner of Woodhull
Ventures 2015, L.P., a Delaware limited partnership.
(seal)
Notary Public Signature
First Amended Wastewater Service Agreement SEWCNWDI
Page 7 of 8
By:
Patrick Oliver, Secretary
Board of Directors
COUNTY OF
I
-0
Board of Directors
This instrument was acknowledged before me on this day of 5
2015, by Chris Zigrossi, President of Southeast Williamson County Municipal Utility District No. 1,
a political subdivision of the State of Texas, on behalf of the District.
Notary Public Signature
First Amended Wastewater Service Agreement SEWCMUDI
Page 8 of 8
=0
CONEMNCING at a 1/2�' iron rod with yellow cap marked "Pape -Dawson" found for the
northwest comer of said called 100 acre tract, "2nd tract", same bemig the southwest comer of a
called 5.00 acre tract conveyed to Hector Hugo Dominguez recorded in Document No.
2000043604 of the Official Public Records of Williamson County, Texas, also being a poit in
the east right of way line of County Road 110 (Rockride Lane), a variable width right way;
THENCE S 21031'08" E, with the east right of way line of said County Road 110 •a •.
Lane), same being the west line of said 100 acre tract, a distance of 101.66 feet to a calculated
POINT OF BEGINNING of herein described tract;
THENCE departing the east right of way line of said County Road 110 (Rockride Lane),
through the interior of said 100 acre tract the following twelve (12) courses and distances -
1. N 6801513511 E, a distance of 171.85 feet to a calculated point of tangent curvature,
2. along the arc of said curve to the right, having a radius of 310.00 feet, a central angle of
13'20'42", a chord bearing and distance of N 74'55'55" E, 72.04 feet, an are length of
72.20 feet to a calculated point of tangency,
3. N 81036'16" E, a distance of 248.33 feet to a calculated point of tangent curvature,
4. along the are of said curve to the left, having a radius of 355.00 feet, a central angle of
31'23'00", a chord bearing and distance of N 6515446" E, 192.03 feet, an arc length
of 194.45 feet to a calculated point of tangency,
Austin I San Antonio I Houston I Fort Worth I Dallas
Transportation I Water Resources I Land Development I Surveying I Environmental
7800 Shoal Creek Blvd., Suite 220 West, Austin, TX 78757 T. 512.454.8711 www.Pape-Oawson.com
EXHIBIT A-1 (0.131 Acres of Land Annexed into District) Page 1 of 3
0. 13 1 of an acre
Job No. 59000-14
Page 2 of 2
6. S 39'46'44" E, a distance of 7.69 feet to a calculated point,
7. S 50008133" W, a distance of 80.31 feet to a calculated point of tangent curvature,
8. along the arc of said curve tothe night, having a radius of 355.01 feet, a central angle of
31'23'00", a chord bearing and distance of S 6505003" W, 192.03 feet, an arc length
of 194.46 feet to a calculated as of tangency,
9. S 81031'33" W, a distance of 248.34 feet to a calculated point of tangent curvature,
10. along the arc of said curve to the left, having a radius of 310.01 feet, a central angle of
13'2W42", a chord bearing and distance of S 7405111211 W, 72.04 feet, an arc length
of 72.21 feet to a calculated point of tangency,
11. S 6801015111 W, a distance of 174.66 feet to a calculated pomit and,
12. N 21031'08" W, a distance of 8.20 feet to the POINT OF BEGINNING and containing
0. 131 acres in the in the City of Georgetown, Williamson County, Texas, Said tract being
described *in accordance with an exhibit prepared under Job No. 59000-14 by Pape
Dawson Engmieers, Inc.
PREPARED BY: Pape -Dawson Engineers, Inc.
DATE: October 30, 2015
JOB No.: '59000-14
DOCID.: HAsurvey\SURVEY14\14-59000VVWD and NB1D\Word\0. 131 Ac_NIMD.docx
TBPE Firm Registration #470
TBPLS Firm Registration #100288-01
IdPAPE-DAWSON
ENGINEERS
F&I EM IM
EXHIBIT A-1 (0.131 Acres of Land Annexed into District) Page 2 of 3
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