HomeMy WebLinkAboutORD 2021-40 - Dev Agreement Parkside PUDORDINANCE NO. ;Z02-1 11 O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS AMENDING ORDINANCE
NOS. 2019-69 AND 2020-84 AND APPROVING A "SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT FOR
PARKSIDE ON THE RIVER SUBDIVISION," REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on October 8, 2019, by City Council Ordinance No. 2019-69, the City Council
approved the "Development Agreement for Parkside on the River Subdivision" by and between
the City, HM Parkside, LP, a Texas limited partnership ("Primary Owner") and HM CR 176-2243,
LP, a Texas limited partnership affiliated with Primary Owner ("Affiliated LP").dated to be
effective on November 19, 2020, and recorded under Document No. 2019117441, Official Public
Records of Williamson County, Texas (the "Original Development Agreement") pertaining to land
referred to in the Original Development Agreement as the Remainder Tract and the 2243 Acre
Tract; and
WHEREAS, on December 8, 2020, by City Council Ordinance No. 2020-84, the City
Council approved the "First Amendment to and Partial Assignment of Development Agreement
for Parkside on the River" dated effective December 8, 2020 and recorded under Document No.
2020162167, Official Public Records of Williamson County, Texas, (the "First Amendment") by
and between the City, Primary Owner, Affiliated LP, and HM Parkside Development, Inc., a Texas
corporation affiliated with Primary Owner ("HM Development") amending the Original
Development Agreement to address changed circumstances relating to School Tract and the Fire
Station Tract, and recognize the assignment by Primary Owner to HM Development of rights and
obligations under the Original Development Agreement associated with approximately 254.399
acres of land out of the Remainder Tract.
WHEREAS, HM GPII, LP, a Texas limited partnership affiliated with Primary Owner
("HMGPIP'), acquired a 314-acre tract and a 47.417 acre tract of land adjacent to the Remainder
Tract on the west side of Parkside Parkway(the "GPII Property").
WHEREAS, Primary Owner, Affiliated LP, HM Development, and HM GP II desire to
amend the Original Development Agreement, as amended by the First Amendment, to include
HM-GPII as a party and add the GPII Property into the Project, and to amend other provisions of
the Original Development Agreement, as amended by the First Amendment.
WHEREAS, the City Council of the City of Georgetown finds that it has the authority
approve the Second Amendment to Development Agreement for Parkside on the River pursuant
to Section 212.172 of the Texas Local Government Code; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Ordinance No. 202,- L
Approving Second Amendment to Development Agreement Parkside on the River Page 1
.Section L. The meeting at which this ordinance was approved was in all things conducted
in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
_Section 2. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance
complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan.
.Section 3.. The Second Amendment to Development Agreement for Parkside on the River
in substantially the form attached to this Ordinance as Attachment 1 is approved by the City
Council and incorporated into this Ordinance for all purposes by this reference.
.Section 4.. If any provision of this Ordinance 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 Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be severable.
.Section 5.. The Mayor is hereby authorized to execute this Ordinance and the Second
Amendment to Development Agreement for Parkside on the River attached as Attachment 1 and
the City Secretary to attest. The Second Amendment to Development Agreement for Parkside on
the River and this Ordinance shall become effective in accordance with the provisions of the
Charter of the City of Georgetown.
Attachments:
Attachment 1 — Second Amendment to Development Agreement for Parkside on the River,
including Exhibits:
PASSED AND APPROVED ON FIRST READING ON THE 11TH DAY OF MAY, 2021.
PASSED AND APPROVED ON SECOND READING ON THE DAY OF
2021.
ATTEST:
f
Robyn De smore, City Secretary
APPROVED AS TO FORM:
Skye ass n, City Attorney
Ordinance No. 2021-�1
Approving Second Amendment to Development Agreement Parkside on the River Page 2
STATE OF TEXAS § SECOND AMENDMENT TO
§ DEVELOPMENT AGREEMENT
COUNTY OF WILLIAMSON §
§ PARKSIDE ON THE RIVER
CITY OF GEORGETOWN § SUBDIVISION
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this "Second
Amendment") is entered into as of _ , 2021 by and between the City of
Georgetown, Texas, a Texas home -rule municipality located in Williamson County, Texas
("City"), HM Parkside, LP, a Texas limited partnership ("Primary Owner"), HM Parkside
Development, Inc., a Texas corporation affiliated with Primary Owner ("HM
Development"), HM CR 176-2243, LP, a Texas limited partnership affiliated with Primary
Owner ("Affiliated LP") and HM GPII, LP, a Texas limited partnership affiliated with
Primary Owner ("HM GPII").
RECITALS:
A. City, Primary Owner and Affiliated LP entered into the Development
Agreement Parkside on the River Subdivision (the "Original Development
Agreement"), dated as of November 19, 2019, and recorded under Document No.
2019117041, Official Public Records of Williamson County, Texas with respect to
the Property (defined in the Original Development Agreement).
B. HM Development acquired from Primary Owner via Assumption Special
Warranty Deed, dated as of June 25, 2020, and recorded under Document No.
2020068300, Official Public Records of Williamson County, Texas portions of the
Property (the "Initial HM Development Property") and Primary Owner assigned to
HM Development, as to the Initial HM Development Property, Primary Owner's
rights and obligations under the Original Development Agreement by a Partial
Assignment and Assumption Agreement dated as of June 25, 2020 and recorded
under Document No. 2020141874, Official Public Records of Williamson County,
Texas. HM Development was an Authorized Assignee under the Original
Development Agreement.
C. On July 1, 2020, the TCEQ approved the creation of a new municipal utility
district ("POR MUD #1") known as "Parkside on the River Municipal Utility District
No. 1".
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 1 of 25
(exhibits attached)
D. GISD acquired 18.280 acres of the Property from Primary Owner on
September 25, 2020 by Special Warranty Deed (the "School Tract Deed") recorded
on September 25, 2020 under Document No. 2020115832, Official Public Records
of Williamson County, Texas.
E. City, Primary Owner, Affiliated LP and HM Development entered into a
First Amendment to and Partial Assignment of Development Agreement Parkside
on the River Subdivision (the "First Amendment") dated December 8, 2020, and
recorded under Document No. 2020162167, Official Public Records of Williamson
County, Texas, which acknowledges the partial assignment by Primary Owner to
HM Development of the Original Development Agreement and amends the
Original Development Agreement.
F. Primary Owner Completed the Wastewater Interceptor and the City
accepted it for ownership, operation, and maintenance on February 4, 2021.
Primary Owner also submitted the required Dedication Documentation and
conveyed the Wastewater Interceptor Easement to the City by instrument
recorded under Document No. 2020132521 of the Official Public Records of
Williamson County, Texas.
G. Primary Owner conveyed the Fire Station Tract to the City on February 5,
2021 by Special Warranty Deed (the "Fire Station Tract Deed") recorded on
February 8, 2021 under Document No. 2021019352, Official Public Records of
Williamson County, Texas.
H. HM GPII acquired (1) 314.00 acres of land described on Schedule 1 attached
(the "314 Acre Tract") and (2) 47.417 acres of land described on Schedule 2 attached
(the "47 Acre Tract") adjacent to the Property on February 26, 2021 by Special
Warranty Deed recorded under Document No. 2021027159, Official Public
Records of Williamson County, Texas. The 314 Acre Tract and the 47 Acre Tract
may be referred to collectively as the "GPII Property". The GPII Property is located
within the extraterritorial jurisdiction of the City.
I. The Water Transmission Line Commencement Deadline was November 19,
2020. Primary Owner commenced construction of the Water Transmission Line
before the Water Transmission Line Commencement Deadline. Primary Owner
Completed the Water Transmission Line and the City accepted it for ownership,
operation, and maintenance on March 2, 2021, prior to the Water Transmission
Line Completion Deadline. Primary Owner also submitted the required
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 2 of 25
(exhibits attached)
Dedication Documentation and conveyed the Water Transmission Line Easement
to the City by instruments recorded under Document Nos. 2021066243,
2021066244, and 2021066245 of the Official Public Records of Williamson County,
Texas.
J. HM GPII, Primary Owner, Affiliated LP, and HM Development wish to
incorporate the GPII Property under the Original Development Agreement as
modified by the First Amendment and as modified herein, and City, Primary
Owner, Affiliated LP, HM Development and HM GPII wish to further modify the
Original Development Agreement as set out below. Hereafter, the term
"Agreement" shall mean and refer to the Original Development Agreement as
amended by the First Amendment and by this Second Amendment.
K. By separate agreement, Primary Owner, Affiliated LP, the City, the District
and Former Owner are amending the Amended Consent Agreement to allow the
annexation of the 314 Acre Tract within an Additional District, the right to create
one more Additional District, and the annexation of the 47 Acre Tract into the
District.
NOW, THEREFORE, for and in consideration of the promises and the mutual
agreements set forth herein, the City, HM GPII, Primary Owner, Affiliated LP and HM
Development hereby agree as follows:
1. Amendments to the Original Development Agreement. The Original
Development Agreement is amended as follows:
a. Section 2.01. The following terms are added to the definitions in Section
2.01:
"314 Acre Tract" means the 314.00 acres of land described on Schedule
1 attached to this Second Amendment.
"47 Acre Tract" means the 47.417 acres of land described on Schedule 2
attached to this Second Amendment.
"2019 Drainage Study" has the meaning set out in Section 4.03.
"GPII Parkland" means approximately 27 acres of the 314 Acre Tract
designated "Parkland" on the Land Use Plan. The GPII Parkland is
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 3 of 25
(exhibits attached)
located on the south side of the River and follows the bank of the River
across the entire width of the 314 Acre Tract (an east to northwesterly
direction) as shown on the Land Use Plan.
"GPII Property" means, collectively, the 314 Acre Tract and the 47 Acre
Tract.
"GPII River Trail" means the 10' wide concrete hike and bike trail and
associated ancillary appurtenances meeting the specifications set forth
in Exhibit H-2, to be built by HM GPII at no cost to the City within the
GPII Parkland. The GPII River Trail will extend from the eastern
boundary of the 314 Acre Tract along the boundary of the River to the
northwesternmost boundary of the 314 Acre Tract in the general
location shown on the Open Space Plan. FSORAG will be followed for
GPII River Trail construction and the location of the GPII River Trail will
be adjusted as necessary due to topographical constraints.
"GPII River Trail Completion Deadline" means January 30, 2030.
"Mixed Lot" has the meaning set out in Section 9.01(a).
"Original Parkland" means approximately 75 acres (such acreage estimate
excludes the estimated area to be included in Parkside Parkway and
Bridge ROW described in the Agreement) of the Remainder Property
designated "Parkland" on the Land Use Plan. The Original Parkland is
located on both sides of the River and extends across the entire east -west
width of the Remainder Property, but excludes areas to be dedicated as
ROW for Parkside Parkway and the Bridge.
"Parkway C" means the Parkway to be built by Owner in accordance
with the specifications set out under "Parkway Type II" on the Roadway
Exhibit extending northwestward from Parkside Parkway to an
adjacent property and stubbed to make a future connection with a street
to be constructed by others to the adjacent property in the future,
generally in the location shown on the Roadway Plan and with a right
of way as shown on the Roadway Exhibit.
"POR MUD #1" means Parkside on the River Municipal Utility District
No. 1.
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 4 of 25
(exhibits attached)
b. Section 2.01. The following terms defined in Section 2.01 are modified:
"Additional Districts" means, collectively, POR MUD #1 and up to 2
municipal utility districts, that may be created on the Property pursuant
to the Amended Consent Agreement. The District is not an Additional
District so there may be 4 total Districts.
"Amended Consent Agreement" means the Second Amended and Restated
Consent Agreement recorded under Document No. 2019117039 of the
Official Public Records of Williamson County, Texas, as amended by the
First Amendment to Second Amended and Restated Consent
Agreement, which First Amendment is substantially in the form
attached as Schedule 3 to this Second Amendment.
"Authorized Assignee" means, (i) as to the Remainder Property, HM
Parkside Development, Inc., a Texas corporation, (ii) as to the 2243
South Tract, HM CR 176-2243 Development, Inc., a Texas corporation,
and (iii) as to the Remainder Property, 2243 South Tract and the GPII
Property, any entity (including HM Development and HM CR 176-2243
Development, Inc.) controlled by, controlling, or under common control
with Primary Owner, Affiliated LP or HM GPII.
"Bridge Commencement Deadline" means November 19, 2026.
"Fire Station Tract" means the land conveyed to the City by the Fire
Station Tract Deed.
"HOA Park" means one of 3 private parks, each at least 3 acres in size, and
each with an amenity center and recreational improvements built thereon
by Primary Owner or HM GPII at no cost to the City. Two HOA Parks
will be located on the West Tract and the other HOA Park will located on
the East Tract generally in the locations indicated on the Land Use Plan.
Each HOA Park ultimately will be owned, operated and maintained by an
HOA. "HOA Parks" means all 3 HOA Parks.
"Land Use Plan" means the land use plan attached to this Second
Amendment as Exhibit F.
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 5 of 25
(exhibits attached)
"Minor Modifications" means the following modifications to the Land
Use Plan, which may be approved administratively by the City's
Director of Planning:
(i) changes to road, utility and trail alignments which do not (a)
eliminate a Roadway connection to an adjacent property (such
connections are shown on the Land Use Plan) or (b) materially
and adversely affect traffic patterns; as regards the alignment
of Parkside Parkway only, however, a change must be
necessary to protect natural features, address unusual site
conditions, or compensate for some practical difficulty or some
unusual and unforeseen aspect or characteristic of the Property;
(ii) that do not increase the overall density of Development of the
Property, the number of wastewater SUE's above 4,600 or the
number of water SUE's above 4,600;
(iii) changing the land use shown on the Land Use Plan within a
Residential Development Area from RDA/MF (multifamily) to
RDA/SF (single-family);
(iv) changing the aggregate Commercial Development Area size
and location shown on the Land Use Plan, as long as the
requested modification does not reduce the minimum
aggregate size of the Commercial Development Area below 50
acres or increase the maximum aggregate size of the
Commercial Development Area above 150 acres;
(v) changing the phasing of the Parkways and ancillary
improvements set out in the Roadway Exhibit (but not any final
date of Completion required by this Agreement); and
(vi) changing the location of an HOA Park within the East Tract or
within the West Tract (so long as one HOA Park is located in
the East Tract and two HOA Parks are located either in the West
Tract or one HOA Park in the West Tract and one HOA Park in
the 314 Acre Tract).
"Open Space Plan" means the plan shown on Exhibit H-1 to this Second
Amendment.
"Owner" means Primary Owner as to all the Remainder Property except
the Initial HM Development Property, HM Development as to the Initial
HM Development Property, Affiliated LP as to the 2243 South Tract,
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 6 of 25
(exhibits attached)
HM GPII as to the GPII Property, and their respective permitted assigns
under this Agreement, but does not include a Lender unless the Lender
forecloses and elects to become a party to this Agreement as permitted
by Section 11.11(h) and does not include an End Buyer.
"Parkland" means approximately 102 acres comprised of the Original
Parkland and the GPII Parkland.
"Permitted Exceptions" means (i) easements, restrictions and other
encumbrances listed on Exhibit I-1 to this Second Amendment, (ii) all
Utility Easements, (iii) all covenants, conditions and restrictions
established by an Owner for the applicable portions of the Property (but
only if such covenants, conditions and restrictions do not prevent the
use of the applicable land for the purpose for which the land (or an
easement therein) is conveyed), and (iv) all matters reflected on a
subdivision plat approved by the Governmental Authorities with
jurisdiction.
"Property" means, collectively, the Remainder Property, the 2243 South
Tract and the GPII Property. The area map of the Property is attached
to this Second Amendment as Exhibit C.
"River Trail" means the 10' wide concrete hike and bike trail and
associated ancillary appurtenances meeting the specifications set forth
in Exhibit H-2, including low water crossings, to be built by Owner at
no cost to the City within the Original Parkland. The River Trail will
extend from the eastern boundary of the Remainder Property to the
western boundary of the Remainder Property in the general location
shown on the Open Space Plan. FSORAG will be followed for River
Trail construction and the location of the River Trail will be adjusted as
necessary due to topographical constraints.
"Roadway Exhibit" means, collectively, Exhibits J-1 and J-7 attached to
this Second Amendment and Exhibits J-2 through J-6 attached to the
Original Development Agreement, which contain the phasing plans for
Parkside Parkway and specifications for each Roadway Type within the
Property.
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 7 of 25
(exhibits attached)
"School Tract" means the land conveyed to GISD by the School Tract
Deed.
"Sign Standards" means the plan and standards set out on Exhibits K-1
and K-2 to this Second Amendment.
"Trail" means any of the River Trail, the GPII River Trail, the Connecting
Trail or the Parkway Trails.
"West Tract Warrant Study Trigger" means the issuance of building
permits on the West Tract, or the GPII Property, or both the West Tract
and the GPII Property combined, for either (a) 200 Dwelling Units or (b)
a combination of building permits for Dwelling Units and building
permits for commercial uses which in the aggregate generate the same
traffic as the traffic generated by 200 Dwelling Units."
c. Section 2.01. As GISD has acquired the School Tract, the definition for
"GISD Election Date" is deleted.
d. Section 3.01. Section 3.01 of the Original Development Agreement
(regarding the Land Use Plan) is hereby repealed and replaced with the
following:
"Section 3.01. Land Use Plan. The City hereby approves the Land Use
Plan in the form attached as Exhibit F to this Second Amendment.
Owner shall Develop the Project on the Property in conformance with
the Land Use Plan and the Governing Regulations."
e. Section 3.05(a). Section 3.05(a) of the Original Development Agreement
(regarding the School Tract) is hereby repealed and replaced with the
following:
"(a) School Tract. Primary Owner agrees, any provisions in the
Governing Regulations to the contrary notwithstanding, the
conveyance of the School Tract or any other portion of the Property to
GISD for public school purposes shall be subject to the following terms
and conditions:
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 8 of 25
(exhibits attached)
(1) Prior to or concurrently with the recordation of the final
plat containing the School Tract in the Official Public
Records of Williamson County, all new easements
shown on the plat must be conveyed to the City, District,
Additional District or Williamson County, as applicable,
either by dedication on the plat or by separate
instrument, and all transportation, traffic, drainage,
stormwater, water and wastewater improvements for
which fiscal security typically would be required by the
City or Williamson County must either be Complete or
fiscal security posted therefor;
(2) The final plat that includes the School Tract must include
a plat note stating that Development of the School Tract
is subject to the Non -Residential standards of Chapter 8
of the UDC; and
(3) Primary Owner will pay or cause GISD to pay, Impact
Fees associated with the School Tract in the amounts
stated in this Agreement."
f. Section 3.06(a). Section 3.06(a) (pertaining to Parkside Parkway) is
hereby repealed and replaced with the following:
"(a) Parkside Parkway. Primary Owner will dedicate to Williamson
County the ROW for Parkside Parkway from the termination of the road
easement area described in the Roadway, Utility and Drainage
Easement to RM 2243, generally in the location indicated on the Land
Use Plan, with a width of 135 feet, and will design and build, or cause
to be designed and built, Parkside Parkway and its adjacent Parkway
Trail within such dedicated ROW from the northernmost boundary of
the Property to RM 2243, at no cost to the City and in accordance with
the Governing Regulations and the Roadway Exhibit. Primary Owner
will reserve from the ROW dedication an easement for the Parkway
Trail. Primary Owner will build Parkside Parkway and the adjacent
Parkway Trail in phases as set out on the Roadway Exhibit but in all
events (subject to Force Majeure Events) will Complete at least 2 lanes
of Parkside Parkway from RM 2243 to the Bridge by the Bridge
Completion Deadline. Within 180 days after Completion of the Parkway
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 9 of 25
(exhibits attached)
Trail (or phase thereof) in the Parkside Parkway ROW, Primary Owner
shall transfer the Parkway Trail and easement to the District, an
Additional District or an HOA for ownership, operation and
maintenance."
g. Section 3.0k . A new Section 3.06(g) (pertaining to Parkway C) is
added to the Original Development Agreement as follows:
"Section 3.06(g). Parkway C. Primary Owner will dedicate to
Williamson County the ROW for Parkway C in the general location
shown on the Roadway Exhibit with a width of 70 feet, and will design
and build, or cause to be designed and built, Parkway C within such
dedicated ROW from the Parkside Parkway ROW to the westerly
boundary of the Remainder Property, at no cost to the City and in
accordance with the Governing Regulations and the Roadway Exhibit.
Primary Owner will build Parkway C in phases as set out on the
Roadway Exhibit."
h. Section 3.06(h). A new Section 3.06(h) (pertaining to Lorena Lane) is
added to the Original Development Agreement as follows:
"Section 3.06(h). Lorena Lane. Due to topographical constraints,
Owner is not required to build any roadway within the Property so as
to connect to Lorena Lane (a roadway within the Amended Final Plat of
Water Oak North, Section 4, Phase 1B, according to the plat recorded
under Document No. 2020092352, Official Public Records of Williamson
County, Texas)."
i. Section 3.08(a). Section 3.08(a) of the Original Agreement (pertaining to
requirement to construct and install the River Trail) is hereby repealed
and replaced with the following:
"(a) Primary Owner will Complete the River Trail, the Connecting Trail
and the River Trail Parking Lot on or before the Bridge Completion
Deadline. HM GPII will Complete the GPII River Trail on or before the
GPII River Trail Completion Deadline. Each of the GPII River Trail and
the River Trail must meet the specifications set forth in Exhibit H-2.
Primary Owner will install within the Parkland and in the River Trail
Parking Lot waste or trash receptacles meeting City specifications in
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 10 of 25
(exhibits attached)
locations determined by the City's Director of Parks and Recreation, or
her designee. The Connecting Trail will be ADA accessible (as modified
by FSORAG). The City may accelerate the GPII River Trail Completion
Deadline if, and only if, (a) the Bridge Completion Deadline has
occurred and (b) the City (or another third party) Completes to the
northwesternmost boundary of the GPII Parkland a trail substantially
meeting the specifications set out in Exhibit H-2 which provides
continuous connectivity from the northwesternmost boundary of the
GPII Parkland westward to Garey Park. If both such conditions are met,
the City may (but is not obligated to) notify HM GPII in writing that the
GPII River Trail Completion Deadline is accelerated, and upon HM
GPII's receipt of such a notice, the GPII River Trail Completion Deadline
will be 18 months from the date of the City's written notice of
acceleration."
j. Section 4.01(c). Section 4.01(c) (pertaining to community signs in
Residential Development Areas) is hereby repealed and replaced with
the following:
"(c) Community Si s. Community signs shall be built generally in
conformance with, and generally in locations described or shown in, the
Sign Standards in Exhibits K-1 and K-2 attached to this Second
Amendment."
k. Section 4.01(e). Section 4.01(e) (pertaining to tree preservation standards
in Residential Development Areas) is hereby repealed and replaced
with the following:
"(e) Tree Preservation Standards. The Tree Preservation Standards in
Exhibit L attached to this Second Amendment and applicable to
Residential Development Areas apply. Owner will have the right, in the
event of a modification of the UDC that allows new trees planted to
satisfy UDC Section 8.03.020.A (pertaining to Shade Tree Requirements)
to also count as "replacement trees" under UDC Section 8.02.040.C.3
(pertaining to Mitigation for Removal of a Protected or Heritage Tree),
to elect to have such UDC modification apply to the Project."
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 11 of 25
(exhibits attached)
1. Section 4.01(g). A new Section 4.01(g) (pertaining to model home
construction) is added to the Original Development Agreement as
follows:
"Section 4.01(g) Model Home Conditional Permits. Temporary
residential sales offices or model homes may be built within the
Residential Development Areas for purposes of marketing homes built
within the Property, subject to compliance with the following standards
and limitations:
(a) A Temporary Use Permit with a conditional Certificate of
Occupancy to operate the model home will expire after 12
months unless it is renewed by the builder of the model home,
upon which the burden shall fall to demonstrate to the Building
Official that the conditions of approval still exist. An unlimited
number of applications to renew the Temporary Use Permit
may be applied for and considered.
(b) The builder of a model home that has been constructed to
market homes in one phase of the Property may request
extension of the Temporary Use Permit in order to market new
phases in the Property, but only if there is no increase in the
total number of model homes within all of the phases.
(c) There is no restriction on the number of model homes
permitted in each phase.
(d) The design and construction of the model home must be
consistent with the character of the Residential Development
Areas and comply with the dimensional and architectural
standards applicable to single-family Development as set forth
in Exhibits M-1 and M-2 attached to the Original Development
Agreement. A model home or temporary sales office may
construct a monument sign no larger than 16 square feet and no
taller than 4 feet in height, subject to the requirements of
Chapter 10 of the UDC.
(e) The model home shall be constructed in such a manner that it
can be converted, without structural changes, to a single-family
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 12 of 25
(exhibits attached)
or Two-family residence. Such conversion shall occur no later
than after use as a sales office or model home has ceased.
(f) A conditional Construction Permit for the model home may be
issued once the streets to the subdivision have been constructed
to sub -grade and water service and a fire hydrant are located
within 500 feet of the lot on which the model home is located.
The Building Official shall note on the permit that the property
owner accepts all responsibility for commencing construction
prior to completion of the public improvements and City
acceptance of the subdivision. The conditional Certificate of
Occupancy for the model home will not be issued until the
subdivision and all public improvements have been accepted
by the City, a Final Plat has been filed with the County, and all
utilities are connected to the home.
(g) A temporary building for use as a sales office is permitted on a
6-month basis only if a model home has not been constructed.
The temporary sales office is subject to the renewal policy
outlined for model homes but shall be removed once the model
home has been constructed.
(h) For purposes of this Section 4.01(g) only, capitalized terms used
will be deemed to have the same meanings as in Section
5.08.020 of the UDC, notwithstanding that the zoning
provisions of the UDC do not apply to the Property."
m. Section 4.02(6 . Section 4.02(e) (pertaining to tree preservation
standards in Commercial Development Areas) is hereby repealed and
replaced with the following:
"(e) Tree Preservation Standards. The Tree Preservation Standards in
Exhibit L attached to this Second Amendment and applicable to
Commercial Development Areas apply. Owner will have the right, in
the event of a modification of the UDC that allows new trees planted to
satisfy Commercial Landscaping Shade Tree Requirement under UDC
Sections 8.04.030 or 8.04.040 to also count as "replacement trees" under
UDC Section 8.02.040.C.3, to elect to have such UDC modification apply
to the Project."
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 13 of 25
(exhibits attached)
n. Section 4.03. Section 4.03 (pertaining to detention) is hereby repealed
and replaced with the following:
"Section 4.03. Stormwater Runoff
(a) Remainder Pro er . Primary Owner has delivered a drainage
study for the Remainder Property prepared by a registered professional
engineer, which has been approved by the City's engineer. This
drainage study (the "2019 Drainage Study") will be used for the
development of the Remainder Property, regardless of whether the City
subsequently adopts different drainage criteria. Detention shall be
provided in conformance with the UDC, except the City will allow fully
developed flows from the portions of the Remainder Property that drain
to the Barton Tributary or directly to the River to be discharged from
water quality ponds via easements to be granted (or acquired) by Owner
at no cost to the City into the Barton Tributary or River and no detention
will be required. Stormwater runoff from the Remainder Property must
produce no significant impact to the adjacent downtown stream
properties.
(b) 2243 South Tract and GPII Proer . A drainage report must be
submitted with each preliminary plat application that includes land in
the 2243 South Tract or the GP II Property prepared in conformance with
Chapter 11.04 of the UDC."
o. Section 4.04. Section 4.04 of the Original Development Agreement
(pertaining to Parkland) is hereby repealed and replaced with the
following:
"Section 4.04. Parkland. Primary Owner will dedicate the Original
Parkland to the City or to a nonprofit entity directed by the City no later
than 60 days after the later of (i) written request of the City and (ii)
Completion of the Bridge, for use as solely as public parkland. The
conveyance by Primary Owner will not occur until Primary Owner has
dedicated the ROW through the Original Parkland for the Bridge and
Parkside Parkway (including Parkside Parkway North). HM GPII will
dedicate the GPII Parkland to the City or to a nonprofit entity directed
by the City no later than 60 days after the later of (i) written request of
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 14 of 25
(exhibits attached)
the City and (ii) Completion of GPII River Trail, solely for use as solely
as public parkland. All Parkland will be subject to blanket easements
for utilities, access and drainage retained by Primary Owner or HM
GPII, as applicable, for the benefit of the Project and to the Permitted
Exceptions applicable to the portion of the Parkland so transferred.
Each transfer of the Parkland will be by special warranty deed
restricting the Parkland to public park use and reserving to Primary
Owner or HM GPII, as applicable, the above -described blanket
easements, free of all liens and encumbrances except Permitted
Exceptions applicable to the portion of the Parkland being conveyed
and such reserved easements, and accompanied by a title commitment
having only those standard pre-printed exceptions that are part of the
promulgated form of Texas title insurance policies, the Permitted
Exceptions applicable to the portion of the Parkland being conveyed, the
restrictions and reservations in such deed, and such other exceptions as
are acceptable to the City Attorney, in the City Attorney's reasonable
discretion. Primary Owner will pay the cost of a title insurance policy
consistent with such a title commitment reflecting a value for the
Original Parkland of $300,000, as well as the costs of recording and
preparation of conveyance documents. HM GPII will pay the cost of a
title insurance policy consistent with such a title commitment reflecting
a value for the GPII Parkland of $150,000, as well as the costs of
recording and preparation of conveyance documents. No Parkland
shall be included in the District or any Additional District."
p. Section 4.05. Section 4.05 of the Original Development Agreement
(pertaining to HOA Parks) is hereby repealed and replaced with the
following:
"Section 4.05 HOA Parks. Primary Owner will dedicate the HOA
Parks to the HOA. Before conveyance to the HOA, Primary Owner will
build within each HOA Park an amenity center, as well as additional
improvements costing no less than $250,000.00 consisting of any one or
more of benches, picnic tables, cooking grills, playscapes, active areas
for unorganized play and practice, pavilions, trails, trail access,
landscape enhancements or restrooms. Primary Owner will complete
the improvements for, and dedicate, the first HOA Park in the West
Tract before the date on which the 8001h building permit for a building
on a Residential Lot within the West Tract is issued by the City, will
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 15 of 25
(exhibits attached)
complete the improvements for, and dedicate, the second HOA Park in
the West Tract before the date on which the 1,60011, building permit for
a building on a Residential Lot within the West Tract is issued by the
City and will complete the improvements for, and dedicate, the HOA
Park on the East Tract before the date on which the 400th building permit
for a building on a Residential Lot within the East Tract is issued by the
City."
q. Section 6.01(b). Section 6.01(b) of the Original Development Agreement
(pertaining to the Off -Site Capacity Payment) is hereby repealed and
replaced with the following:
"(b) Off -site Caj2acijy Payment. Primary Owner shall pay the Off -site
Capacity Payment to the City in 7 equal annual installments of
$446,846.95 each, with the initial installment being due and payable not
later than June 4, 2021, and with each subsequent annual installment
being due on each of the next 6 annual anniversaries of the date of the
first Off -Site Capacity Payment to the City. The payments by Primary
Owner under this Section 6.01(b) do not relieve an Owner from its
obligation to pay Water Impact Fees in the amounts and when and as
required by this Agreement."
r. Section 7.10. A new Section 7.10, pertaining to "Offsite Drainage
Easement," is hereby added and shall provide as follows:
"Section 7.10 Offsite Drainage Easement. Chapter 11.04 of the UDC
(pertaining to Stormwater Management System Requirement) is
modified with respect to the final plat for Parkside on the River Phase
1A (City Case No. 2020-20-FP) only to allow that final plat to be recorded
before the offsite drainage easement described on the attached Schedule
4 (the "TCS Easement)" is obtained (which drainage easement is to be
obtained by the County pursuant to a separate agreement between the
City and the County). The County has represented and warranted to
the City that it is currently negotiating in good faith to acquire the TCS
Easement, and that it will use its powers of eminent domain to acquire
the TCS Easement if necessary. Concurrently with the execution of this
Second Amendment, the County and the City will enter into an
agreement setting out the County's obligation as to the TCS Drainage
Easement. The City agrees to this Section 7.10 as an accommodation to
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 16 of 25
(exhibits attached)
Primary Owner in recognition of certain circumstances outside Primary
Owner's control. This Section 7.10 will not serve as precedent for any
subsequent plat within the Project, nor will it serve as precedent for any
other development whatsoever."
s. Section 9.01(a). Section 9.01(a) of the Original Development Agreement
(pertaining to Impact Fees) is hereby repealed and replaced with the
following:
"(a) Iml2act Fees. In consideration of the Former Owner's construction
of the SSGI and Primary Owner's payment of the Off -site Capacity
Payment, the Impact Fees payable by Owners and End Buyers within
all of the Property except the GPII Property are (i) for water, the Water
Impact Fee of $3,324.00 per SUE, and (ii) for wastewater, the Wastewater
Impact Fee of $2,683.00 per SUE. However, the water impact fee per
SUE and the wastewater impact fee per SUE assessed by the City and
paid by Owner and End Buyers within the GPII Property will be such
fees as are in effect per City Code of Ordinances Chapter 13.32, as said
impact fees may be amended from time to time in accordance with the
requirements of Chapter 395 of the Texas Local Government Code in the
City Council's sole discretion. As portions of the GPII Property and the
Remainder Tract are contiguous, if a final subdivision plat approved by
applicable Governmental Authorities includes land out of both the GPII
Property and the Remainder Tract, (a) Owner will identify as to each
single family lot within such plat (i) whether the lot lies wholly the GPII
Property, wholly the Remainder Tract, or partly within the GPII
Property and partly within the Remainder Tract, and (ii) as to any lot
that lies partly within the GPII Property and partly within the
Remainder Tract (a "Mixed Lot"), the percentage of the area of the Mixed
Lot consisting of GPII Property and the percentage of area of the Mixed
Lot consisting of the Remainder Tract, (b) the impact fees assessed
against each single family lot that lies wholly within the GPII Property
will be the impact fees assessed against the GPII Property, (c) the impact
fees assessed against each single family lot that lies wholly within the
Remainder Tract will be the impact fees assessed against the Remainder
Tract, and (d) the impact fees assessed against each Mixed Lot will be
the impact fees assessed against the portion of the Property that is more
than 50% of the area of such Mixed Lot (e.g., if the Remainder Tract
constitutes more than 50% of a Mixed Lot, that Mixed Lot will be
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 17 of 25
(exhibits attached)
assessed the same impact fees as are assessed within the Remainder
Tract). For clarity, the addition of the GP II Property into the "Property"
does not increase Owner's maximum available capacity interest of water
or wastewater SUEs under Section 6.01(c) and Section 6.02(b) of the
Original Development Agreement, which remain at a maximum of 4,600
SUEs. Primary Owner, HM Development, Affiliated LP, and HM GP II
agree that this agreement to allow the City to assess and collect Water
Impact Fee, the Wastewater Impact Fee, and impact fees calculated
pursuant to Chapter 13.32 of the City Code of Ordinances (as applicable,
per the terms of this Second Amendment) within the Property is
authorized and enforceable under Section 395.018 of the Texas Local
Government Code, and consent to the applicability of said Section
395.018."
t. Section 11.11. For clarity, HM GPII may assign this Agreement to an
Authorized Assignee as to the GPII Property under Section 11.11(b).
u. Section 11.08. Section 11.08 of the Original Development Agreement
(pertaining to Notices) is hereby repealed and replaced with the
following:
"11.08. Notice. All notices, requests or other communications required
or permitted by this Agreement shall be in writing and shall be sent by
(i) facsimile, with the original delivered by hand or overnight carrier, (ii)
by overnight courier or hand delivery, or (iii) certified mail, postage
prepaid, return receipt requested, and addressed to the parties at the
following addresses:
Owner: HM Parkside, LP
HM CR 176-2243, LP
HM GPII, LP
HM Parkside Development, Inc.
1011 N. Lamar Blvd.
Austin, Texas 78703
Attn.: Blake J. Magee
With a required copy to:
Hurst, Savage & Vanderburg, LLP
814 W. 10th Street
Austin, Texas 78701
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 18 of 25
(exhibits attached)
Attn.: Ann Engles Vanderburg
City: City Manager
City of Georgetown
808 Martin Luther King Jr. St.
Georgetown, Texas 78626
With a required copy to:
City Attorney
City of Georgetown
809 Martin Luther King Jr. St.
Georgetown, Texas 78626"
2. Defined Terms. Capitalized terms used in this Second Amendment that are not
otherwise defined shall have the meanings set forth in the Original
Development Agreement.
3. Counterparts. This Second 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 party hereto to any counterpart hereof shall be deemed a
signature to, and may be appended to, any other counterpart hereof.
4. Recording. This Second Amendment will be recorded in the Official Records
of Williamson County, Texas by Primary Owner at Primary Owner's expense.
EXHIBIT LIST
Exhibit A -
Description of Remainder Property
Exhibit B -
Description of 2243 South Tract
1
Exhibit C -
Area Map
Second Amendment
Exhibit D -
Form of Second Amended and
Restated Consent Agreement
Exhibit E-1 -
Approved Form (for Water
Transmission Line Easement)
Exhibit E-2 -
A proved Form (for Utility Easements)
Exhibit E-3 -
Approved Form (for Access
Easements)
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 19 of 25
(exhibits attached)
Exhibit E-4 -
Approved Form (for License Agreement)
Exhibit F -
Land Use Plan
Second Amendment
Exhibit G-1 -
Multifamily Permitted Uses
Exhibit G-2 -
Commercial, Civic and Temporary
Permitted Uses
Exhibit H-1 -
Open Space Plan
Second Amendment
Exhibit H 2 -
River Trail Specifications
Exhibit I-1 -
Permitted Exceptions
Second Amendment
Exhibit I-2 -
Use Exceptions (Fire Station)
Exhibit J-1 -
Roadway and Connectivity Plan
Second Amendment
Exhibit J-2 -
Residential Local 50' Roadway
Exhibit J-3 -
Residential Local 60' Roadway
Exhibit J-4 -
Parkway B — Without Median
Exhibit J-5 -
Parkway B — With Median
Exhibit J-6 -
Parkside Parkway
Exhibit J-7 -
Phasing Plan
Second Amendment
Exhibit K-1 -
Entry Features
Second Amendment
Exhibit K-2 -
Marketing and Directional Signs
Second Amendment
Exhibit L -
Tree Preservation Standards
Second Amendment
Exhibit M-1 -
Residential Development Area
Standards
Exhibit M-2 -
Residential Architectural Standards
Exhibit M-3 -
Commercial Development Area
Standards
Exhibit N -
Draw Procedure
Exhibit 0-1 -
Form of Traffic Fiscal Security
Exhibit 0-2 -
Form of Bridge Fiscal Security
Schedule 1
GPII Property - 314 Acre Tract
Second Amendment
Schedule 2
GPII Property -47 Acre Tract
Second Amendment
Schedule 3
First Amendment to Second Amended
and Restated Consent Agreement
Second Amendment
Schedule 4
TCS Easement
Second Amendment
[&Lzature Pages to Follow
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 20 of 25
(exhibits attached)
CITY OF GEORGCTOWN, TEXAS
Title:
ATTEST:
By: f
RobynqDensmore, City Secretary
APPROVED AS TO FORM:
By:
Skye Ma on, City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON
N
This instrument was acknowledged before me the n)V" day of
MQA A 2021, by Josh Schroeder, Mayor of the City of Georgetown, Texas,
a home -rue city, on behalf of the City.
(seal) t �}
LINDA RUTH WHITE (,
My Notary ID # 124936123 Ng ry Public tate of Texas
Expires May 24, 2024
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 21 of 25
(exhibits attached)
HM PARKSIDE, LP, a Texas limited
partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation, General Partner
im
STATE OF TEXAS §
COUNTY OF TRAVIS §
Blake J. Magee, President
This instrument was acknowledged before me the day of
2021, by Blake J. Magee, President of Hanna/Magee GP #1, Inc., a
Texas corporation, General Partner of HM PARKSIDE, LP, a Texas limited partnership,
on behalf of said corporation and partnership.
(seal)
Notary Public State of Texas
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 22 of 25
(exhibits attached)
HM CR 176-2243, LP, a Texas limited
partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation, General Partner
Blake J. Magee, President
STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me the day of
2021, by Blake J. Magee, President of Hanna/Magee GP #1, Inc., a
Texas corporation, General Partner of HM CR-176-2243, LP, a Texas limited partnership,
on behalf of said corporation and partnership.
(seal)
Notary Public State of Texas
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 23 of 25
(exhibits attached)
HM PARKSIDE DEVELOPMENT, INC., a
Texas corporation
0
STATE OF TEXAS §
COUNTY OF TRAVIS §
Blake J. Magee, President
This instrument was acknowledged before me the day of
_ ' 2021, by Blake J. Magee, President of HM PARKSIDE
DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation.
(seal)
Notary Public State of Texas
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 24 of 25
(exhibits attached)
HM GPII, LP, a Texas limited partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation, General Partner
Blake J. Magee, President
STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me the day of
2021, by Blake J. Magee, President of Hanna/Magee GP #1, Inc., a
Texas corporation, General Partner of HM GPII, LP, a Texas limited partnership, on
behalf of said corporation and partnership.
(seal)
Notary Public State of Texas
Second Amendment to Development Agreement
Parkside on the River Subdivision
Page 25 of 25
(exhibits attached)
Exhibit C
-0 OR& 7/i hWe 1 ile
IDtv i PARKSIDE ON THE RIVER AREA MAP
14ANNAIHAGEE.L.n.
Exhibit F
Land Use CamZory Acres
RDA/SF Residential Development Area/Single Family 925.0
RDA/MF Residential Development Area/Multi-Family Residential 88.7
CDA Commercial Development Area 64.0 min.
SC School Tract 16.1
I FS Fire Station Tract 2.5
ROW (Parkways) 51.0
(Land Not Included)
Subtotal 111147.3
Open Space
®OS Open Space 311.8
HP HOA Park (Includes Amenity Centers) 6.0 min.
�? HP/P River Park (Amenity Center & 20 Public Parking Spaces) 3.0
® P Parkland 1020
Subtotal 422.8
Total 1570.1
Land Use Density
RDA/SF = 3,000 Units
RDA/MFI = 12 U/AC
RDA/MF2 = 20 U/AC
CDA = MIN - 50 AC d5.
MAX - I50 AC ' .
Patience
Ranch
West Tract
Boundary
Escalera
Subdivision
1yJ. .r
�"MW":A5
i/JJj r" b v o V
V v a
vv :.VODA
v V
7 V V V V V V V AO�
.� . f ❑ V V V V❑ �1
V G V
SH 29 CDA
IFuture Commercial)
i
�Parkside Parkway
N
�0\
4
t ;f+ •►: Proposed Bridge
y�I F10 f
DS� Lost Quarry
Subdivision
nA7
1 ea° Mi A3)
ly
East Tract
Boundary
Leander f
ETJ Tract 22$3 South
Tract
Notes:
- All locations of boundaries, land uses, and roads are approximate and
subject to change. See Article 3.02 for modification requirements.
o 19 2wor
RviPARKSIDE ON THE RIVER • LAND USE PLAN
1 S ApH15.2021
'r
14ANNAIMAGEE.L.P.
Exhibit H- I
Legend
Open Space, Parkland, and Trails
HOA Parks
cW (3 Acres Minimum)
HOA Park / Parking
(Amenity Center & 20 Public Parking Spaces)
Parkland
(102 Acres)
l i i i i i River Trail
Connecting Trail
Open Space
(Land Not Included)
Notes
- Boundaries and trail locations are diagrammatic and may be
adiusmd based on topographic and other physiml planning
fattOrs and may be changed as a minor modification.
- Park locations are conceptual: locations to be Finalized in each
submitted plat and may be changed as a minor modification.
- 10' trail/sidewalk on one side Parkside Prkwy; 6' trail/sidewalk
on one side Parkway B.
• Open Space including parkland, HOA parks, river trail, parking
lots, must contain at least 300 acres on the remainder
property.
River Trail To Be Built By
Williamson County Mud 30
(Crescent Bluff)
w■
West Tract
Boundary
I
Leander �
ETJ Tract Tract
South
Tract
Trail Enlargement
River Trail
Connecting Tr, it
+tr
r
f�
r f.
,ff
t
I :IV!
PARKSIDE ON THE RIVER • OPEN SPACE,
w Apnl,6.2n2, PARKLAND, AND TRAILS
NANNA/MlAGEE.I..P.
` East Tract
+Boundary
it
lk
1
1
0)
a tix+B' zoos' ��
Exhibit I-1
Permitted Exceptions
1. Restrictions contained in plat recorded under Document No. 2013033404, Official Public Records
of Williamson County, Texas (Remainder Property Tract 2 only).
2. Environmental setback as shown on the plat recorded in Cabinet EE, Slide 310 of the Plat Records
of Williamson County, Texas, as shown on the Survey dated December 20, 2018, prepared by Alan
Jay Horton, Registered Professional Land Surveyor No. 5768 (the "Survey"). (Remainder Property
Tract 1)
3. Pipeline easement granted to Seminole Pipeline Company, by instrument dated July 1, 1981,
recorded in Volume 844, Page 624 of the Deed Records of Williamson County, Texas and as
amended in Volume 2171, Page 554 of the Official Records of Williamson County, Texas, as
shown on the Survey. (Remainder Property Tract 1)
4. Petroleum pipeline easement granted to Seminole Pipeline Company as recorded in Volume 851,
Page 698 of the Official Public Records and as amended in Volume 2244, Page 297 of the Official
Public Records and under Document No. 2018066453 of the Official Public Records, all of
Williamson County, Texas. (Remainder Property Tract 1)
5. 15 foot public utility easement dated August 9, 1999, granted by Norma Nell Faubion et al to City
of Georgetown, recorded under Document No. 199955406 of the Official Public Records of
Williamson County, Texas. (Remainder Property Tract 1)
6. 15 foot utility easement executed by Anne V. Patience to City of Georgetown, dated April 29, 1999,
recorded under Document No. 199968547 of the Real Property Records of Williamson County,
Texas, as shown on the Survey. (Remainder Property Tract 1)
7. Notice of Voluntary Inclusion into the Extraterritorial Jurisdiction of the City of Georgetown dated
10/12/1999 and recorded under Document No. 199971384 of the Official Public Records of
Williamson County, Texas. (Remainder Property Tract 1)
8. Water line easement executed by Thomas E. Dreiss, Trustee, to Brushy Creek Municipal Utility
District, dated March 1, 2004. recorded under Document No. 2004018609 of the Real Property
Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
9. Water line easement dated April 15, 2004, granted by Grady Barton and Carrie Ann Barton -Smith
to Brushy Creek Municipal Utility District, recorded under Document No. 2004029224 of the
Official Public Records of Williamson County, Texas, as shown on the Survey. (Remainder
Property Tract 1)
10. Water line easement granted to Brushy Creek Municipal Utility District, by instrument dated June
22, 2004, recorded under Document No. 2004049691 of the Official Public Records of Williamson
County, Texas, as shown on the Survey. (Remainder Property Tract 1)
Exhibit I-1
Page 1 of 5
9-24-19
11. Water line easement dated June 1, 2005, granted by Debra Ann Faubion et al to Brushy Creek
Municipal Utility District, recorded under Document No. 2005040893 of the Official Public
Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
12. All interests in water, together with all rights relating thereto, express or implied, reserved in
instrument recorded under Document No. 2007014282 of the Official Records of Williamson
County, Texas. (Remainder Property Tract 1)
13. All oil, gas and other minerals, together with all rights relating thereto, express or implied, reserved
in instrument recorded under Document No. 2007014282 of the Official Records of Williamson
County, Texas. (Remainder Property Tract 1)
14. Road Easement created in that certain Road and Sewer Line Easement Agreement dated February
22, 2007, recorded under Document No. 2007014284 of the Official Public Records of Williamson
County, Texas, as shown on the Survey. (Remainder Property Tract 1)
15. Terms, conditions and stipulations of Road Improvements and Sewer Line Development and
Conditional Easement Agreement by and between Thomas E. Dreiss, Trustee, and Laredo WO,
Ltd., a Texas limited partnership, dated February 22, 2007, and recorded under Document No.
2007014288 of the Official Public Records of Williamson County, Texas, and as further affected
by Document No. 2009022806 of the Official Public Records of Williamson County, Texas, as
shown on the Survey. (Remainder Property Tract 1)
16. Amended and Restated Development Agreement filed of record under Document No. 2012027844,
and as further affected under Document Nos. 2016008515, 2012006198 and 2018036246 of the
Official Public Records of Williamson County, Texas. (Remainder Property)
17. Wastewater easement as recorded under Document Number 2007064713 of the Official Public
Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
18. Utility access easement as recorded under Document No. 2008085853 of the Official Public
Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
19. The terms, conditions and stipulations of that certain Sanitary Sewer Easement Agreement dated
September 27, 2010, recorded under Document No. 2010065269 of the Official Public Records of
Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
20. The terms, conditions and stipulations of that certain Drainage Easement Agreement dated
September 27, 2010, recorded under Document No. 2010065270; and as amended under Document
No. 2017104825 of the Official Public Records of Williamson County, Texas, as shown on the
Survey. (Remainder Property Tract 1)
21. All terms, conditions, and provisions of that certain Agreement regarding Williamson County
Municipal Utility District 25 dated January 11, 2012, recorded under Document No. 2012006198
of the Official Public Records of Williamson County, Texas. (Remainder Property)
22. Williamson County Regional Habitat Conservation Plan Memorandum of Participation Agreement
Relative to U.S. Fish and Wildlife Service Permit dated May 15, 2012, recorded under Document
No. 2012043627 of the Official Public Records of Williamson County, Texas. (Remainder
Property)
Exhibit I-1
Page 2 of 5
9-24-19
23. Sanitary Sewer Easement Agreement dated August 1, 2013, recorded under Document No.
2013080603 of the Official Public Records of Williamson County, Texas, as shown on the Survey.
(Remainder Property Tract 1)
24. Drainage Easement Agreement as recorded under Document No. 2013095986 of the Official Public
Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
25. Sanitary Sewer Easement Agreement as recorded under Document No. 2013095987 of the Official
Public Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract
1)
26. The terms, conditions and stipulations of that certain Access Easement and Right of Way dated
January 31, 2014, recorded under Document No. 2014011208 of the Official Public Records of
Williamson County, Texas. (Remainder Property Tract 1)
27. Drainage Easement Agreement as recorded under Document No. 2014026475 of the Official Public
Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
28. Sanitary Sewer Easement Agreement as recorded under Document No. 2014026476 of the Official
Public Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract
1)
29. The terms, conditions and stipulations of that certain Drainage Easement Agreement dated August
25, 2014, recorded under Document No. 2014071869 of the Official Public Records of Williamson
County, Texas, as shown on the Survey. (Remainder Property Tract 1)
30. The terms, conditions and stipulations of that certain Sanitary Sewer Easement Agreement dated
August 25, 2014, recorded under Document No. 2014071870 of the Official Public Records of
Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
31. Waiver of Special Appraisal dated May 31, 2012, as recorded under Document No. 2014076279
of the Official Public Records of Williamson County, Texas. (Remainder Property)
32. Waiver of Special Appraisal dated August 19, 2014, as recorded under Document No. 2014076284
of the Official Public Records of Williamson County, Texas. (Remainder Property)
33. The terms, conditions and stipulations of that certain Permanent Easement Agreement dated
January 21, 2016, recorded under Document No. 2016010600 of the Official Public Records of
Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
34. Sanitary sewer easement granted to City of Georgetown, by instrument dated August 18, 2016,
recorded under Document No. 2016077685 of the Official Public Records of Williamson County,
Texas, as shown on the Survey. (Remainder Property Tract 1)
35. The terms, conditions and stipulations of that certain Wastewater Easement dated June 23, 2017,
recorded under Document No. 2017098157 of the Official Public Records of Williamson County,
Texas, as shown on the Survey. (Remainder Property Tract 1)
Exhibit I-1
Page 3 of 5
9-24-19
36. The terms, conditions and stipulations of that certain Utility Access Easement dated June 23, 2017,
recorded under Document No. 2017098158 of the Official Public Records of Williamson County,
Texas, as shown on the Survey. (Remainder Property Tract 1)
37. The terms, conditions and stipulations of that certain Roadway, Utility and Drainage Easement
Agreement dated October 20, 2017, recorded under Document No. 2017098160 of the Official
Public Records of Williamson County, Texas, as shown on the Survey. (Remainder Property Tract
1)
38. The terms, conditions and stipulations of that certain Access Easement dated October 20, 2017,
recorded under Document No. 2017098161 of the Official Public Records of Williamson County,
Texas. (Remainder Property Tract 1)
39. Guying utility easement granted to Pedernales Electric Cooperative, Inc., by instrument dated
December 16, 2016, recorded under Document No. 2018062791 of the Official Public Records of
Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 1)
40. Any and all easements and building setbacks shown on Plat(s) recorded under Document No(s).
2013033404 of the Official Public Records of Williamson County, Texas, as shown on the Survey.
(Remainder Property Tract 2)
41. Lot 2, Block G, to be reserved for use by the City of Georgetown Fire Department, as stated on the
plat recorded under Document No. 2013033404 of the Official Public Records of Williamson
County, Texas. (Remainder Property Tract 2)
42. The terms, conditions and stipulations of that certain Water Line Easement and Right -of -Way dated
March 24, 2006, recorded under Document No. 2006027343 of the Official Public Records of
Williamson County, Texas, as shown on the Survey. (Remainder Property Tract 2)
43. The terms, conditions and stipulations of that certain Memorandum of Development Agreement
dated July 9, 2012, recorded under Document No. 2012056684 of the Official Public Records of
Williamson County, Texas. (Remainder Property Tract 2)
44. Wastewater easement granted to City of Georgetown, by instrument dated July 18, 2018, recorded
under Document No. 2018075352 of the Official Public Records of Williamson County, Texas, as
shown on the Survey. (Remainder Property Tract 2)
45. Water Line Easements granted to Chisholm Trail Special Utility District as recorded under
Document Nos. 2013044607, 2013044608, 2013044609, 2013044610, 2013044611, 2013044612,
2013044613, 2013044616, 2013044617, 2013048344, 2013062167, 2013064547, 2013062168,
2013091201, 2013100385, 2014019467, 2014025124, 2014025144, 2014033910, 2014038543,
2014038544, 2014047251, 2014047260, 2014058853, 2014058854 and 2014058871, all of the
Official Public Records of Williamson County, Texas. (Remainder Property Tract 2)
46. The rights of Williamson County Municipal Utility District No. 25 to levy taxes and issue bonds.
(Remainder Property)
47. Water Utility Easement set out in Easement recorded under Document No. 2007005595, Official
Public Records of Williamson County, Texas. (2243 South Tract)
Exhibit I-1
Page 4 of 5
9-24-19
48. 20' and 10' water line easements described in Warranty Deed dated January 30, 2007, recorded in
Document No. 2007008545, Official Public Records of Williamson County, Texas. (2243 South
Tract)
49. Transmission line easement granted to Parkside at Mayfield Ranch, Ltd., as described in instrument
recorded under Document No. 2007001629, Official Public Records of Williamson County, Texas.
(2243 South Tract)
50. Inclusion within the Upper Brushy Creek WCID No. IA. (2243 South Tract)
51. Terms, conditions and stipulations of Utility Easement dated April 29, 1999, recorded under
Document No. 199968547, Official Public Records of Williamson County, Texas (47 Acre Tract).
52. Notice of Voluntary Inclusion into the Extraterritorial Jurisdiction of the City of Georgetown dated
October 12, 1999, recorded under Document No. 199971384, Official Public Records of
Williamson County, Texas (GPII Property).
53. Deed Recordation Affidavit (Edwards Aquifer Protection Plan) dated January 22, 2008, recorded
under Document No. 2008006156, Official Public Records of Williamson County, Texas (GPII
Property).
54. Terms, conditions and stipulations of Wastewater Easement dated January 11, 2017, recorded under
Document No. 2017004109, Official Public Records of Williamson County, Texas (GPII
Property).
Exhibit I-1
Page 5 of 5
9-24-19
Exhibit J- I
— Parkside Parkway (135' ROW)
t M r Parkway B (70' ROW)
■ Ono"
■■■ Parkway B (100' ROW)
■ M M Parkway C (70' ROW)
(Land INot included)
---4 Existing Cannectlan
- 4 Potendal Future Connection (Conceptual Location)
Future Commercial
1
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- •v �; Proposed Bridge
1
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♦
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Boundary , Boundary
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Tract
i p siagc zoom /�
RVIPARKSIDE ON THE RIVER • FUTURE ROADWAY AND
.. ! a Ap0115.2021 CONNECTIVITY PLAN
. NANNAIMA6EE.L.P. .i
Exhibit J-7
Parkside Parkway (135' ROW)
■ MII Parkway B (70' ROW)
■ ■ Parkway B (100' ROW)
■ M Parkway C (70' ROW)
(Land Not Included)
Existing Connection
••••� Potential Future Connection (Conceptual Location)
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Tract
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Phase 9
4 Lanes
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Phase 8
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nes
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se 5 ' • 1
' East Tract
Boundary
anes * -+ta�S�
Phase 4 "1
3st 2 Lanes
Phase 3 0 • Parkway B `
2 Lane 100' ROW `
Eas[ 2 Lanes ,
■
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4 Lanes
■
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! lops 7000•
PARKSIDE ON THE RIVER • PARKSIDE PARKWAY FE*]■ AP.1152021 ROADWAY PHASING
14ANNAIMAGEE.L.P.
Exhibit K-
Legend
Signage Tape -Permanent
Major Entry Feature
Max. Height: 12' *
Max. Area: 200 s.f.
Min r n Feature
Max. Height: 8'
Max. Area: 80 s.f.
NeiQhborhaad En�ea:,r•
Max Height: 8'
Max. Area: 60 s.f.
* Excludes tower or similar entry feature
which may be a maximum height of 25'
Notes:
Materials to be regionally appropriate
and similar to existing signage
constructed in other high -end master
planned communities in the area.
All entry feature locations are
approximate and are subject to change
due to final roadway and development
plans and may not be needed.
Max. area is the maximum area of
graphics not entry feature.
- Landscaping will be installed around all
entry features that will be equal to
twice the area of the sign graphics.
Landscaping may include shrubs,
Flowers, grasses, and trees.
No Pole Signs will be allowed.
Decorative Street Signs will be 4
permitted. 4
! W
Z/T W
b
!
West Tract -A
Boundary
NO
M20
i0
Leander .�?�
ETJ Tract �w��Trac South
Tract
0
I
11vi PARKSIDE ON THE RIVER - SIGN STANDARDS
ENTRY FEATURES AND
MONUMENTATION
V V L
2% .0 "MMOM.0'.,�
1
HANNA/HAGF.E.L.c.
Exhibit K-2
-Legend
Si na e Type - Tem orar
OMain ID - Development/Entry Sign (Size: 8'x12' + 12" extension per sign)
ODirectional/Secondary Entry Sign/Marketing (Size: 6'x8' per sign)
O AmenityNillage Sign (Size: 6'x8' per sign)
Notes:
All sign designs and logos are subject to change.
All sign locations are approximate and are subject to change due
to final roadway and development plans.
Model Home Signs will be located throughout the community
(Size: 4'x6' per sign)
■
)D
t�
f o
B
West 7 raJ\ g
Boundary ■ o
w (D
o
Leander rg.� ._
ETJ Tract �� 2243 South
Tract
V
Future Commercial
c M
•
•�� R • •
7
B �
o`
n B
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L:1
RX
�• ■ East Tract
13 �—Boundary
.' •
_� B
4 F14
C ,
■ X401k.=�&:13,400
tRv[i PARKSIDE ON THE RIVER • MARKETING AND
. _ Apnl15 2021 DIRECTIONAL PLAN
w y HANNA/MAGEE.L.P. '_•
Exhibit L
HANNA/MAGEE,c.v. I V
Date: 04/15/2021
Parkside on the River Tree Preservation Guidelines
The following regulations apply to the Property regarding tree preservation and removal:
1. The A Tree Plan will be created for each plat. Tree Plan will state:
a. Trees to remove
b. Trees to remain
c. A calculation of mitigation requirements for Heritage Trees removed
d. A calculation for credits earned for preserving Credit Trees
2. The applicant will be allowed to remove trees under the following conditions, for all proposed
land uses:
a. Heritage Trees with a DBH of 26-inches or greater:
i. 20% of these trees can be removed within a Tree Plan without any further
approval from the City. Preservation priority will be given to single trunk
heritage trees.
ii. If the Urban Forester denies the removal of a tree, then the applicant may
follow section 3.23.070 (C) of the UDC. Onsite credit trees will not be applied to
mitigation for removal of Heritage Trees beyond 20%.
b. Protected Trees with a DBH of 12-inches or greater (in high -density residential or
commercial use areas):
i. 80% of these trees can be removed within a Tree Plan without any further
approval from the City
3. The following mitigation ratios will apply:
a. In single-family districts, trees with a DBH less than 26-inches: None
b. In high -density or commercial use districts: 40% of protected trees removed, 1:1 ratio
c. Heritage Trees with a DBH of 26-inches or greater: 3:1 ratio. Mitigation by Payment may
be provided at a 1:1 inch bases at $200.00 per DBH inches of Heritage Trees removed.
4. Credit Trees will be those single -trunk or multi -trunk trees with a DBH of 18-inches or greater,
but less than 26-inches. Credit Trees may apply up to 50% of mitigation for Heritage Tree
removal within the Tree Plan for the applicable plat. Credit Trees can be applied to any
mitigation requirements within the Tree Plan. Credit Trees must be located within any of the
following areas:
a. In residential or non-residential tracts defined on the Master Concept Plan and within
any of the following:
i. residential lot street yards
Page 1 of 2
Exhibit L
ii. medians
iii. parkways
iv. pocket parks or public amenities
b. Within Parkside Parkway and Parkway B
5. Major collector, Arterial, or higher level classification of roadways are exempt from Heritage
Tree requirements, and any trees removed shall not be included in the percentages listed above.
Page 2 of 2
SCHEDULE 1 - GP II Property - The 314-Acre Tract
County: Williamson
Project: Parkside on the River
Job No.: A201301
MB No.: 20-011
FIELD NOTES FOR 314.00 ACRES
Being a tract containing 314.00 acres of land located in the J.B. Berry Survey, Abstract Number
98, the R. Milby Survey, Abstract Number 459, the A.H. Porter Survey, Abstract Number 490, the
D. Medlock Survey, Abstract Number 839, the J. Thompson Survey, Abstract Number 608, the
W.E. Pate Survey, Abstract Number 836, and the I. Donagan Survey, Abstract Number 178 in
Williamson County, Texas. Said 314.00 acre tract being all of a called 314.00 acre tract of land
recorded in the name of Georgetown Properties Il, LLC, in Document Number 2012043969,
Official Public Records Williamson County (O.P.R.W.C.). Said 314.00 acres being more
particularly described by metes and bounds as follows (bearings are referenced to the Texas
Coordinate System, NAD 1983, Central Zone):
Beginning at a 1/2-inch iron rod found for the southwesterly corner of said 314.00 acre tract, said
iron rod being a corner point on the westerly line of a called 1,143.511 acre tract of land recorded
in the name of HM Parkside, LP in Document Number 2018114043, OYR.W.C., said iron rod
also being on the easterly line of the remainder portion of a called 363.204 acre tract of land
recorded in the name of SFSG Investments, LP in Document Number 2017001815, O.P.R.W.C.
(Tract 1);
Thence, with the common line between said 314.00 acre tract and said 363.204 remainder tract,
the following two (2) courses and distances;
North 14 degrees 08 minutes 44 seconds East, a distance of 718.12 feet to a capped iron
rod set stamped "GBI Partners";
2. North 21 degrees 22 minutes 11 seconds West, a distance of 2,850.00 feet to a point in the
center of the South San Gabriel River for the northwesterly corner of said 314.00 acre tract,
said point being the most northerly corner of said 363.204 acre remainder tract, the most
easterly corner of the remainder portion of a called 491.95 acre tract of land recorded in
the name of Henry B. Tippe in Volume 570, Page 483, Williamson County Deed Records
(W.C.D.R.), the southeasterly corner of a called 220.663 acre tract of land recorded in the
name of Supak, et al in Document Number 2014081883, O.P.R.W.C.;
Thence, with the approximate centerline of said South San Gabriel River, and the southerly line
of said 220.663 acre tract; the southerly line of a called 38.44 acre tract of land recorded in the
name of Fitch Holdings, LLC in Document Number 202002383, O.P.R.W.C.; the southerly line
of a called 68.096 acre tract of land recorded in the name of Yomac, Ltd. in Volume 2322, Page
474, W.C.D.R.; the southerly line of a called 100.390 acre tract of land recorded in the name of
Overlook at Sangabriel, LLC in Document Number 2018056058, O.P.R.W.C., and the southerly
line of a called 168.62 acre tract of land recorded in the name of Zamin, LP in Document Number
201403274, O.P.R.W.C. the following sixteen (16) courses and distances;
Page 1 of 3
SCHEDULE 1 - GP II Property - The 314-Acre Tract
1. North 19 degrees 18 minutes 23 seconds East, a distance of 68.74 feet;
2. North 24 degrees 38 minutes 39 seconds East, a distance of 294.23 feet;
3. North 10 degrees 20 minutes 18 seconds East, a distance of 356.09 feet;
4. North 17 degrees 04 minutes 40 seconds East, a distance of 192.35 feet;
5. North 34 degrees 41 minutes 53 seconds East, a distance of 315.31 feet;
6. North 62 degrees 01 minutes 00 seconds East, a distance of 406.22 feet;
7. South 78 degrees 55 minutes 54 seconds East, a distance of 166.17 feet;
8. South 48 degrees 11 minutes 33 seconds East, a distance of 256.54 feet;
9. South 22 degrees 52 minutes 53 seconds East, a distance of 238.10 feet;
10. South 12 degrees 36 minutes 04 seconds East, a distance of 252.83 feet;
11. South 25 degrees 33 minutes 47 seconds East, a distance of 187.48 feet;
12. South 42 degrees 10 minutes 08 seconds East, a distance of 526.14 feet;
13. South 48 degrees 08 minutes 34 seconds East, a distance of 649.29 feet;
14. South 65 degrees 31 minutes 10 seconds East, a distance of 680.90 feet;
15. North 80 degrees 59 minutes 58 seconds East, a distance of 679.93 feet;
16. North 74 degrees 28 minutes 07 seconds East, a distance of 360.45 feet to a corner point
on a westerly line of aforesaid 1,143.511 acre tract;
Thence, with the common line between said 314.00 acre tract and said 1,143.511 acre tract the
following thirteen (13) courses and distances;
1. North 68 degrees 48 minutes 05 seconds East, a distance of 57.92 feet;
2. South 22 degrees 18 minutes 08 seconds East, a distance of 624.71 feet to a 1/2-inch iron
pipe found;
3. South 22 degrees 05 minutes 52 seconds East, a distance of 1,596.68 feet to a 1/2-inch
iron rod found;
Page 2 of 3
SCHEDULE 1 - GP II Property - The 314-Acre Tract
4. 75.21 feet along the arc of a curve to the left, said curve having a central angle of 03 degrees
59 minutes 50 seconds, a radius of 1,078.00 feet and a chord which bears South 88 degrees
54 minutes 08 seconds West, a distance of 75.19 to a 1/2-inch iron rod found;
5. South 86 degrees 54 minutes 33 seconds West, a distance of 321.28 feet to a capped iron
rod found stamped "CSA, Ltd."
6. 1,349.11 feet along the arc of a curve to the left, said curve having a central angle of 79
degrees 02 minutes 14 seconds, a radius of 978.00 feet and a chord which bears South 47
degrees 23 minutes 47 seconds West, a distance of 1,244.66 feet to a 1/2-inch iron rod
found;
7. South 07 degrees 52 minutes 40 seconds West, a distance of 108.32 to a cotton spindle
found;
8. 839.65 feet along the arc of a curve to the right, said curve having a central angle of 52
degrees 10 minutes 41 seconds, a radius of 922.00 feet and a chord which bears South 33
degrees 58 minutes 00 seconds West, a distance of 810.93 feet to a 1/2-inch iron rod found;
9. South 60 degrees 03 minutes 21 seconds West, a distance of 538.21 feet to a capped iron
rod found stamped "CSA, Ltd."
10. 175.01 feet along the arc of a curve to the left, said curve having a central angle of 09
degrees 18 minutes 07 seconds, a radius of 1,078.00 feet and a chord which bears South 55
degrees 24 minutes 17 seconds West, a distance of 174.82 feet to a capped iron rod found
stamped "CSA, Ltd."
11. North 43 degrees 23 minutes 44 seconds West, a distance of 1,170.13 feet to a 1/2-inch
iron rod found;
12. 326.94 feet along the arc of a curve to the left, said curve having a central angle of 32
degrees 24 minutes 32 seconds, a radius of 578.00 feet and a chord which bears North 59
degrees 36 minutes 01 seconds West, a distance of 322.60 feet to a 1/2-inch iron rod found;
13. North 75 degrees 48 minutes 18 seconds West, a distance of 431.73 feet to the Point of
Beginning and containing 314.00 acres of land.
GBI Partners, LP
t GAF'
4u T V
TBPLS Firm No. 10194150
Ph: 512-296-2675
June 11, 2020
(-,A-J.5768S
U R`t,,,
Page 3 of 3
SCHEDULE 2 - GP II Property - The 47-Acre Tract
County: Williamson
Project: Parkside on the River
Job No.: A201301
MB No.: 20-008
FIELD NOTES FOR 47.417 ACRES
Being a tract containing 47.417 acres of land located in the J.D. Johns Survey, Abstract Number
365, the J.T. Church Survey, Abstract Number 140, the I & G.N.R.R. Survey, Abstract Number
744 and the Key West Irrigation Survey, Abstract Number 711 in Williamson County, Texas. Said
47.417 acre tract being all of a called 47.42 acre tract of land recorded in the name of Georgetown
Properties II, LLC, in Document Number 2012043969, Official Public Records Williamson
County (O.P.R.W.C.). Said 47.417 acres being more particularly described by metes and bounds
as follows (bearings are referenced to the Texas Coordinate System, NAD 1983, Central Zone):
Beginning at a capped iron rod found stamped CS Ltd. for the southwesterly corner of said 47.20
acre tract, said iron rod being the southeasterly corner of The Preserve, Phase II, a subdivision as
recorded in Cabinet GG, Slides 55-59 of the Williamson County Plat Records (W.C.P.R.), said
iron rod also being on the northerly Right -of -Way (R.O.W.) line of F.M. 2243 (80' wide);
Thence, with the common line between said 47.42 acre tract and The Preserve Phase II the
following three (3) courses and distances;
1. North 02 degrees 49 minutes 30 seconds West, a distance of 508.18 feet to a capped iron
rod found stamped CS Ltd.;
2. North 78 degrees 45 minutes 22 seconds West, a distance of 814.82 feet to a 5/8-inch iron
rod set stamped GBI Partners;
North 01 degrees 38 minutes 02 seconds East, a distance of 585.33 feet to a 5/8-inch iron
rod set stamped GBI Partners;
Thence, continuing with the common line between said 47.42 acre tract and The Preserve Phase
II, North 55 degrees 20 minutes 46 seconds East, passing at a distance of 7.04 feet a capped iron
rod found stamped Bury Partners, said iron rod being the most easterly northeast corner of Lot 58
of said The Preserve, Phase II, also being the most southerly corner of Lot 59 of The Preserve
Phase I, a subdivision as recorded in Cabinet EE, Slides 310-316 of the W.C.P.R., in all, a distance
of 1,650.65 feet to a capped iron rod found stamped Bury Partners;
Thence, with the common line between said 47.42 acre tract and The Preserve Phase I, North 80
degrees 15 minutes 15 seconds East, a distance of 114.85 feet to the most northerly northeast
corner of said 47.42 acre tract, also being an angle point on the westerly line of a called 1,143.511
acre tract of land recorded in the name of HM Parkside, LP, from which, a capped iron rod found
stamped Bury Partners, bears South 67 degrees East, a distance of 0.66 feet;
Page 1 of 3
SCHEDULE 2 - GP II Property - The 47-Acre Tract
Thence, with the easterly line of said 47.42 acre tract and the westerly line of said 1,143,511 acre
tract the following sixteen (16) courses and distances;
1. South 34 degrees 39 minutes 43 seconds East, a distance of 126.11 feet to a capped iron
rod found stamped CS Ltd.;
2. South 55 degrees 20 minutes 17 seconds West, a distance of 120.00 feet, from which a
capped iron rod found stamped CS Ltd. found, bears South 68 degrees East, a distance of
0.55 feet;
3. 124.70 feet along the arc of a curve to the right, said curve having a central angle of 119
degrees 05 minutes 02 seconds, a radius of 60.00 feet and a chord which bears South 24
degrees 52 minutes 55 seconds West, a distance of 103.44 feet to a capped iron rod found
stamped CS Ltd.;
4. South 34 degrees 39 minutes 43 seconds East, a distance of 97.07 feet to a capped iron rod
found stamped CS Ltd.;
5. South 55 degrees 20 minutes 17 seconds West, a distance of 450.00 feet to a capped iron
rod found stamped CS Ltd.;
6. South 34 degrees 39 minutes 43 seconds East, a distance of 239.78 feet to a capped iron
rod found stamped CS Ltd.;
7. South 32 degrees 58 minutes 10 seconds East, a distance of 42.22 feet to a capped iron rod
found stamped CS Ltd.;
8. 203.97 feet along the arc of a curve to the right, said curve having a central angle of 22
degrees 04 minutes 17 seconds, a radius of 529.50 feet and a chord which bears North 77
degrees 26 minutes 53 seconds East, a distance of 202.71 feet to a 5/8-inch iron rod found;
9. 674.39 feet along the are of a curve to the left, said curve having a central angle of 45
degrees 58 minutes 20 seconds, a radius of 840.50 feet and a chord which bears South 03
degrees 29 minutes 00 seconds East, a distance of 656.44 feet to an 80-D nail found;
10. South 26 degrees 28 minutes 10 seconds East, a distance of 150.25 feet to an 80-D nail
found;
11. 39.79 feet along the arc of a curve to the right, said curve having a central angle of 91
degrees 11 minutes 17 seconds, a radius of 25.00 feet and a chord which bears South 19
degrees 07 minutes 36 seconds West, a distance of 35.72 feet to an 80-D nail found;
12. South 27 degrees 14 minutes 19 seconds East, a distance of 65.03 feet to a 5/8-inch iron
rod found;
Page 2 of 3
SCHEDULE 2 - GP II Property - The 47-Acre Tract
13. 38.91 feet along the arc of a curve to the right, said curve having a central angle of 89
degrees 10 minutes 31 seconds, a radius of 25.00 feet and a chord which bears South 71
degrees 03 minutes 54 seconds East, a distance of 35.10 feet to a capped iron rod found
stamped Bury Partners;
14. South 26 degrees 28 minutes 10 seconds East, a distance of 157.44 feet to a capped iron
rod found stamped Bury Partners;
15. 155.33 feet along the arc of a curve to the right, said curve having a central angle of 16
degrees 06 minutes 30 seconds, a radius of 552.50 feet and a chord which bears South 18
degrees 24 minutes 54 seconds East, a distance of 154.82 feet to a capped iron rod found
stamped Bury Partners;
16. South 28 degrees 25 minutes 04 seconds West, a distance of 160.70 feet to a capped iron
rod found stamped Bury Partners for the southeasterly corner of said 47.42 acre tract and
the southwesterly corner of said 1,143.511 acre tract, said iron rod also being on the
northerly R.O.W. line of aforesaid F.M. 2243;
Thence, with the southerly line of said 47.42 acre tract and the northerly R.O.W. line of said F.M.
2243 the following three (3) courses and distances;
South 79 degrees 26 minutes 30 seconds West, a distance of 229.74 feet to a concrete
monument found;
2. 373.03 feet along the arc of a curve to the right, said curve having a central angle of 07
degrees 27 minutes 09 seconds, a radius of 2,867.94 feet and a chord which bears South 83
degrees 33 minutes 16 seconds West, a distance of 372.77 feet to a concrete monument
found;
3. South 87 degrees 09 minutes 58 seconds West, a distance of 241.10 feet to the Point of
Beginning and containing 47.417 acres of land.
GBI Partners, LP
TBPLS Firm No. 10194150
Ph: 512-296-2675
May 20, 2020
Page 3 of 3
SCHEDULE 4 - TCS DRAINAGE EASEMENT
Williamson County, Texas 2.039 Acres
I. Donagan Survey, A-178 Page 1 of 6
FIELD NOTES DESCRIPTION
DESCRIPTION OF 2.039 ACRES OF LAND IN THE 1. DONAGAN SURVEY, ABSTRACT NO. 178, WILLIAMSON
COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 190.40 ACRE TRACT DESCRIBED IN THE DEED TO
TEXAS CRUSHED STONE COMPANY OF RECORD 1N VOLUME 743, PAGE 47, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 2,039 ACRES OF LAND, AS SURVEYED BY LANDDEV CONSULTING, LLC, BEING
COMPRISED OF TRACT 1 (1.317 ACRES), AND TRACT 2 (0.722 OF ONE ACRE), AND SHOWN ON THE
ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT 1: 1.317 ACRES
COMMENCING at a calculated point in the approximate centerline of the South Fork of the San Gabriel River, at the northwest
corner of the said 190.40 acre tract, same being a re-entrant corner in the east line of a certain called 1,143.511 acre tract designed
as Tract 1 and described in the deed to HM PARKSIDE, LP of record in Document No. 20181 14043, Official Public Records of
Williamson County, Texas, from which a %-inch iron rod with a plastic cap stamped "1847" found at an angle point in the west
line of the said 190.40 acre tract and the east line of the said 1,143.511 acre tract bears S 01°52'09" E, a distance of 1,026.81 feet;
THENCE S 01 °52'09" E, with the west line of the said 190.40 acre tract and the east line of the said 1,143.51 1 acre tract, a distance
of 626.15 feet to a calculated point for the northwest corner and POINT OF BEGINNING of the tract described herein; from
which the said %-inch iron rod with a plastic cap stamped "1847" found at an angle point in the west line of the said 190.40 acre
tract and the east line of the said 1,143.51 l acre tract bears S 01°52'09" E, a distance of 400.66 feet;
THENCE leaving the east line of the said 1,143.51 1 acre tract, crossing the said 190.40 acre tract, with the north, east, and south
lines of the tract described herein, the following twenty (20) courses and distances:
1. S 82°4l'00" E, a distance of 63.31 feet to a calculated angle point,
2. S 71'25' 17" E, a distance of 95.54 feet to a calculated angle point,
3. S 68'01'05" E, a distance of 31.78 feet to a calculated angle point,
4. S 57' 18'45" E, a distance of 70.37 feet to a calculated angle point,
5. S 62°49'34" E, a distance of 79.52 feet to a calculated angle point,
6. N 85°29'50" E, a distance of 53.00 feet to a calculated angle point,
7. N 87°54'09" E, a distance of 106.48 feet to a calculated angle point,
8. S 82°38'29" E, a distance of 34.15 feet to a calculated point for the east corner of the tract described herein,
9. S 73°20'38" W, a distance of 12.09 feet to a calculated angle point,
10. S 68.1 1'32" W, a distance of 40.92 feet to a calculated angle point,
11. S 60°32'55" W, a distance of 29.38 feet to a calculated angle point,
12. S 75°58'35" W, a distance of 68.77 feet to a calculated angle point,
13. S 66°03' 16" W, a distance of 43.80 feet to a calculated angle point,
14. N 86-02-55" W, a distance of 32.31 feet to a calculated angle point,
15. S 72°35'52" W, a distance of 59.44 feet to a calculated angle point,
16. S 80-13-55" W, a distance of 65.46 feet to a calculated angle point;
17. S 80° 16'00" W, a distance of 39.46 feet to a calculated angle point,
18. S 58°27'42" W, a distance of 16.99 feet to a calculated angle point,
LandDev Consulting, LLC • 5508 Highway 290 West, Suite 150, Austin, TX 78735 • (512) 872-6696
TBPE Firm No. 16384 1 TBPLS Firm No. 10194101
Page 1 of 6
SCHEDULE 4 - TCS DRAINAGE EASEMENT
Williamson County, Texas 2.039 Acres
I. Donagan Survey, A-178 Page 2 of 6
19. N 81001'52" W, a distance of 64.16 feet to a calculated angle point, and
20. N 7791'56" W, a distance of 48.06 feet to a calculated point in the west line of the said 190.40 acre tract and the east
line of the said 1,143.511 acre tract, for the southwest corner of the tract described herein, from which the said '/z-inch
iron rod with a plastic cap stamped "1847" found at an angle point in the west line of the said 190.40 acre tract and the
east line of the said 1,143.51 1 acre tract bears S 01°52'09" E, a distance of 190.12 feet;
THENCE N 01'52'09" W, with the west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre tract, with
the west line of the tract described herein, a distance of 210.54 feet to the POINT OF BEGINNING and containing 1.317 acres
of land, more or less.
TRACT 2: 0.722 OF ONE ACRE
COMMENCING at a calculated point in the approximate centerline of the South Fork of the San Gabriel River, at the northwest
corner of the said 190.40 acre tract, same being a re-entrant corner in the east line of a certain called 1,143.511 acre tract designed
as Tract I and described in the deed to HM PARKSIDE, LP of record in Document No. 2018114043, Official Public Records of
Williamson County, Texas;
THENCE, with the west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre tract, the following three (3)
courses and distances:
1. S 01°52'09" E, a distance of 1,026.81 feet to a''/2-inch iron rod with a plastic cap stamped "1847" found at an angle point,
2. S O1°10'35" E, a distance of 167.79 feet to a calculated point for an angle point, from which a 3/8-inch iron rod found
bears S 01 ° 12'20" E, a distance of 2.69 feet, and
3. S 00°03' S8" W, a distance of 22.59 feet to a calculated point for the northwest corner and POINT OF BEGINNING of
the tract described herein;
THENCE leaving the east line of the said 1,143.511 acre tract, crossing the said 190.40 acre tract, with the north, east, and south
lines of the tract described herein, the following twenty-eight (28) courses and distances:
1. S 85°07'30" E, a distance of 38.55 feet to a calculated angle point,
2. S 78030'02" E, a distance of61.29 feet to a calculated angle point,
3. N 86°25'44" E, a distance of 53.48 feet to a calculated angle point,
4. S 79°41'37" E, a distance of 37.29 feet to a calculated angle point,
5. S 58°01'07" E, a distance of 31.46 feet to a calculated angle point,
6. N 69°55'06" E, a distance of48.53 feet to a calculated angle point,
7. N 52°23'39" E, a distance of 67.37 feet to a calculated angle point,
8. N 47°28'19" E, a distance of 55.87 feet to a calculated angle point,
9. N 51°10'01" E, a distance of 51.39 feet to a calculated angle point,
10. S 78°41'26" E, a distance of 28.34 feet to a calculated angle point,
11. N 36-22-37" E, a distance of 23.56 feet to a calculated angle point,
12. N 79-50'51" E, a distance of41.55 feet to a calculated angle point,
13. N 72°3 P07" E, a distance of 30.57 feet to a calculated angle point,
14. N 66-48-36" E, a distance of 32.44 feet to a calculated angle point,
15. N 86°22'18" E, a distance of 25.95 feet to a calculated angle point,
LandDev Consulting, LLC • 5508 Highway 290 West, Suite 150, Austin, TX 78735 • (512) 872-6696
TBPE Firm No. 16384 1 TBPLS Firm No. 10194101
Page 2 of 6
SCHEDULE 4 - TCS DRAINAGE EASEMENT
Williamson County, Texas
I. Donagan Survey, A-178
16. N 77-23-53" E, a distance of 22.52 feet to a calculated angle point,
17. N 65°25'35" E, a distance of 46.48 feet to a calculated angle point,
18. N 60°45'55" E, a distance of 46.96 feet to a calculated angle point,
19. N 57-40-56" E, a distance of 26.60 feet to a calculated angle point,
20. N 81°52'31" E, a distance of 4.85 feet to a calculated angle point,
21. S 04°20'45" W, a distance of 12.34 feet to a calculated angle point,
22. S 58°43'52" W, a distance of 95.37 feet to a calculated angle point,
23. S 74°34'29" W, a distance of 49.46 feet to a calculated angle point,
24. S 61-41-30" W, a distance of 156.24 feet to a calculated angle point,
25. S 66°14'13" W, a distance of 68.73 feet to a calculated angle point,
26. S 43-49'19" W, a distance of 83.44 feet to a calculated angle point,
27. S 58.34-41 " W, a distance of 97.35 feet to a calculated angle point, and
2.039 Acres
Page 3 of 6
28. N 84°48'12" W, a distance of 224.98 feet to a calculated point in the west line of the said 190.40 acre tract and the east
line of the said 1,143.511 acre tract, for the southwest corner of the tract described herein, from which a %-inch iron
pipe found at an angle point in the west line of the said 190.40 acre tract and the east line of the said 1,143.511 acre
tract bears S 00°03'58" W, a distance of 250.49 feet;
THENCE N 00°03'58" E, with the west line of the said 190.40 acre tract and the east line of the said 1,143.51 I acre tract, with
the west line of the tract described herein, a distance of 68.65 feet to the POINT OF BEGINNING and containing 0.722 of one
acre of land, more or less.
FOR A TOTAL AREA OF 2.039 ACRES, BEING ALL OF TRACT 1 (1.317 ACRES) AND ALL OF TRACT 2 (0.722 OF
ONE ACRE).
Bearing Basis: Texas Coordinate System, Central Zone, NAD83, Grid.
THE STATE OF TEXAS
KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That 1, Ernesto Navarrete, a Registered Professional Land Surveyor, do hereby certify that the above description is true
and correct to the best of my knowledge and belief and that the parcel of land described herein is based upon a survey performed
upon the ground under my direct supervision during the month of March, 2021.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas, this 03rd day of May 2021 A.D.
LANDDEV CONSULTING, LLC
5508 Highway 290 West, Suite 150
Austin, Texas 78735
Ernesto Navarrete
Registered Professional Land Surveyor
No. 6642 - State of Texas
¢�615i �AV:o cf'
ERNESTO NAVARRETE
0 6642 1:r
CgCP %d
LandDev Consulting, LLC • 5508 Highway 290 West, Suite 150, Austin, TX 78735 • (512) 872-6696
TBPE Firm No. 16384 1 TBPLS Firm No. 10194101
Page 3 of 6
SCHEDULE 4 - TICS DRAINAGE EASEMENT
(1,143.511 ACRES)
TRACT 1
HM PARKSIDE, LP
DOC. NO. 2018114043
SPECIAL WARRANTY DEED
O.P.R.W.C.TX. _
P.O.C. /T-
3 SOUTH FORK SAN GABRIEL RIVER i
TRACT 1 o
TRACT 2
�J u
(190.40
I O
m WARRANTY A EED
LO TEXAS CRUSHED STONE
I"' c COMPANY
U-1 VOL. 743, PG, 47,
D.R.W.C.TX.
M 0' 200' 400'
I. DONAGAN SURVEY, A-178
0 z GRAPHIC SCALE: 1 "=200'
to
CD
N I
P.O.B.
w w TRACT 1
(V �
� O
cV [V
In
Q O
N M
(1,143.511 ACRES)
TRACT 1
HM PARKSIDE, LP
DOC. NO. 2018114043
SPECIAL WARRANTY DEED
O,P.R.W.C.TX. I C:)
S 01'10'35" E
167.79' 1847
[S 01'10'35" E]
[167.70'1
(N 03'29'00" E)
(102.91')
P.O.B.
TRACT 2-4
TRACT 1
1.317 ACRES
TRACT 2
0.722 ACRE
A 3/8" IRF BRS:
S01'12'20"E, 2.69'
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FILE No. 1380
NOTES:
2.
(190.40 AC.)
WARRANTY DEED
TEXAS CRUSHED STONE
COMPANY
VOL. 743, PG. 47,
D.R.W.C.TX.
BEARING BASIS IS TEXAS COORDINATE SYSTEM, CENTRAL ZONE, NAD83, GRID.
DISTANCES SHOWN HEREON ARE SURFACE MEASUREMENTS, TO CONVERT
SURFACE DISTANCES TO GIRD, MULTIPLY BY THE COMBINED SCALE FACTOR.
3. THE COMBINED SCALE FACTOR FOR THIS PROJECT IS 0.999861551.
4. SEE PAGE 6 OF 6 FOR UNE TABLE.
LAND � SURVEY SKETCH to Accompany Description: M I �
TRACT 1 — 1.317 ACRES
C 0 N S U L T I N G, L L C TRACT 2— 0.722 ACRE
5508 HIGHWAY I, DONAGAN SURVEY,ABSTRACT No. 178
A UST I N TX WEST, SUITE , Sa 7 B 7 3 5
O T 9 P L SEP R AS N o e, a, 9" ❑ 19 6 WILLIAMSON COUNTY, TEXAS
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SCHEDULE 4 - TCS DRAINAGE EASEMENT