HomeMy WebLinkAboutRES 060821-K - Agrmt Water Oak & ParksideRESOLUTION NO. OGOg 21 - K-
A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS,
APPROVING THE "FIRST AMENDMENT TO THE SECOND
AMENDED AND RESTATED CONSENT AGREEMENT" BETWEEN
THE CITY OF GEORGETOWN, HM PARKSIDE, LP, HM PARKSIDE
DEVELOPMENT INC., HM CR 176-2243, L.P., HM-GP II, LP,
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 25,
PARKSIDE ON THE RIVER MUNICIPAL UTILITY DISTRICT NO. 1
AND, UPON THEIR CREATION, UP TO TWO ADDITIONAL
DISTRICTS TO BE CREATED PURSUANT TO SAID AGREEMENT;
MAKING CERTAIN FINDINGS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City, HM Parkside, LP, HM-CR 176-2243, LP, Laredo W.O., Ltd., and
Williamson County Municipal Utility District No. 25 entered into that certain Second
Amended and Restated Consent Agreement (the "Second Consent Agreement"), dated as
of October 17, 2019, and recorded under Document No. 2019117039, Official Public
Records of Williamson County, Texas covering approximately 1,416.02 acres of land
described therein (the "Original Land").
WHEREAS, HM Parkside Development, Inc., HM Parkside LP's development affiliate,
acquired 254.399 acres out of the Original Land (the "Initial HM Development Property").
HM Parkside LP wishes to assign to HM Parkside Development, Inc. all rights and
obligations of HM Parkside LP under the Second Consent Agreement as to the Initial HM
Development Property.
WHEREAS, another HM Parkside, LP affiliate, HM GPII, acquired the following two
tracts of land totaling approximately 361.417 acres, both adjacent to the Original Land,
that are desired to be included into the Original Consent Agreement, and by separate
action, into the Parkside on the River Development Agreement: (1) 314.00 acres of land
(the "314 Acre Tract") and (2) 47.417 acres of land (the "47 Acre Tract").
WHEREAS, the Second Consent Agreement allowed the creation of up to 3 total MUDs;
however, in recognition of the acquisition of the 314 Acre Tract and the 47 Acre Tract,
and the parties desire to allow the creation of up to 4 total MUDS (inclusive of Williamson
Resolution No. 06022 1 ^ `L
Approving First Amendment to Second Amended and Restated Consent Agreement
Water Oak Subdivision and Parkside on the River Subdivision
(WCMUD No. 25 and Parkside on the River MUDs) ) Page 1 of 3
County MUD No. 25 which includes the Water Oak Subdivision and a portion of the
Parkside on the River Subdivision.).
WHEREAS, the City received a petition from the landowner and Williamson County
MUD No. 25 for inclusion of the 47 Acre Tract into Williamson County MUD No. 25, and
desires to grant the petition.
WHEREAS, Laredo W.O. Ltd has received all developer reimbursements from
Williamson County MUD No. 25 to which it is entitled; therefore, the Second Consent
Agreement may be amended by the remaining parties pursuant to Section 14.05 of the
Second Consent Agreement.
WHEREAS, the remaining parties desire to make other conforming changes as shown in
the First Amendment to the Second Consent Agreement attached to this Resolution as
Attachment 1..
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
1. The City Council hereby finds that the foregoing recitals are true and correct,
and the recitals are hereby incorporated into this Resolution by reference for
all purposes as set forth in full.
2. The City Council hereby approves the First Amendment to the Second
Amended and Restated Consent Agreement in substantially the form attached
hereto as Attachment 1..
3. The Mayor is authorized to sign this Resolution and the First Amendment to
the Second Amended and Restated Consent Agreement in substantially the
form attached hereto as Attachment L and the City Secretary is authorized to
attest.
4. This Resolution shall be effective immediately upon its adoption.
Attachment List:
Attachment 1 - Second Amended and Restated Consent Agreement (including all
exhibits and schedules)
Resolution No. M 0$ 21 — �C
Approving First Amendment to Second Amended and Restated Consent Agreement
Water Oak Subdivision and Parkside on the River Subdivision
(WCMUD No. 25 and Parkside on the River MUDs) ) Page 2 of 3
PASSED AND APPROVED on the
ATTEST:
Robyn Densmore
City Secretary
APPROVED AS TO FORM:
Skye 9asso City Attorney
Mayor
Resolution No. (JG0 I l — \�
Approving First Amendment to Second Amended and Restated Consent Agreement
Water Oak Subdivision and Parkside on the River Subdivision
(WCMUD No. 25 and Parkside on the River MUDs) ) Page 3 of 3
2021086193 AMEN Total Pages: 38
mill re, M&MV1111 1101TWIll n 11111
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
§
CITY OF GEORGETOWN §
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED
CONSENT AGREEMENT
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED
CONSENT AGREEMENT (this "First Amendment") is entered into as of,,IW& 9 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
("HM Parkside"), HM Parkside Development, Inc., a Texas corporation affiliated with HM
Parkside ("HM Development"), HM CR 176-2243, LP, a Texas limited partnership affiliated
with HM Parkside ("HM-CR"), HM GPII, LP, a Texas limited partnership affiliated with
HM Parkside ("HM GPII"), Williamson County Municipal Utility District No. 25, a
municipal utility district created under Chapters 49 and 54 of the Texas Water Code
("WCMUD No. 25"), Parkside on the River Municipal Utility District No. 1, a municipal
utility district created under Chapters 49 and 54 of the Texas Water Code ("POR MUD
No. 1 "), and upon their creation, the Additional Districts.
RECITALS:
A. City, HM Parkside, HM-CR, Laredo W.O., Ltd., a Texas limited partnership
("LWO"), and WCMUD No. 25 entered into the Second Amended and Restated
Consent Agreement (the "Second Consent Agreement"), dated as of October 17, 2019,
and recorded under Document No. 2019117039, Official Public Records of
Williamson County, Texas.
B. HM Development acquired 254.399 acres more particularly described on
Schedule I attached from HM Parkside 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 Parkside Property (the
"Initial HM Development Property"). The Initial HM Development Property is part
of the Parkside Property (as described in the Second Consent Agreement), and HM
Parkside wishes to assign to HM Development all rights and obligations of HM
Parkside under the Second Consent Agreement as to the Initial HM Development
Property. HM Development is an Authorized Assignee of HM Parkside under the
Second Consent Agreement.
First Amendment to Second Amended and Restated Consent Agreement Page 1 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
C. On July 1, 2020, the TCEQ approved the creation of a new municipal utility
district known as "Parkside on the River Municipal Utility District No. 1" ("POR
MUD #1") over approximately 272.512 acres of the Property described on
Schedule 2 attached.
D. HM GPII acquired (1) 314.00 acres of land described on Schedule 3 attached
(the "314 Acre Tract") and (2) 47.417 acres of land described on Schedule 4 attached
(the "47 Acre Tract"), both of which are adjacent to the Parkside 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 and
is being incorporated within the Amended and Restated Development Agreement
(defined in the Second Consent Agreement) by Second Amendment to Amended
and Restated Development Agreement of even date with this First Amendment.
E. On April 27, 2021, the City Council approved Resolution No. 042721-AA
granting its consent for WCMUD No. 25 to use its powers of eminent domain to
acquire drainage easements needed for the Project located outside the boundaries
of the Land in compliance with the Governing Regulations, the Resolution, and
applicable state and federal laws.
F. LWO has received all developer reimbursements from WCMUD No. 25 to
which it is entitled and does not own and will not develop any of the Parkside
Property, and this Agreement may be amended by mutual written agreement of
the remaining Developer Parties and the Districts pursuant to Section 14.05 of the
Agreement.
G. City, HM Parkside, HM-CR, HM Development and HM GPII wish to make
the modifications to the Second Consent Agreement set out below. Hereafter, the
term "Agreement" shall mean and refer to the Second Consent Agreement as
amended by this First Amendment.
NOW, THEREFORE, for and in consideration of the promises and the mutual
agreements set forth herein, City, HM Parkside, HM-CR, HM Development, HM GPII,
WCMUD No. 25 and POR MUD No. 1 hereby agree as follows:
1. Recitals. The Parties agree that the Recitals A through G are true and correct in
all material respects and are a part of this Agreement.
First Amendment to Second Amended and Restated Consent Agreement Page 2 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
2. Partial Assignment and Assumption Agreement. Pursuant that certain Partial
Assignment and Assumption Agreement dated effective June 25, 2020 attached
as Exhibit A to this First Amendment and recorded under Document No.
2021073238 of the Official Public Records of Williamson County, Texas, HM
Parkside assigned to HM Development, and HM Development accepted,
assumed and agreed to perform, all rights and obligations of HM Parkside
under the Second Consent Agreement as to the Initial HM Development
Property. HM Parkside retained all rights and obligations under the Second
Consent Agreement not assigned to HM Development thereunder.
3. Definitions. Capitalized terms used in this First Amendment and not defined
herein will have the meanings set out in the Second Consent Agreement.
4. Amendments to the Second Consent Agreement. The Second Consent
Agreement is amended as follows:
a. Section 2.02. The following terms are added to the definitions in Section
2.02:
314 Acre Tract: the 314.00 acres of land described on Schedule 2 attached
to this Amendment.
47 Acre Tract: the 47.417 acres of land described on Schedule 3 attached
to this Amendment.
GPII Property: has the meaning set out in Recital D.
HM GPII: HM GPII LP, a Texas limited partnership.
HM Development: HM Parkside Development, Inc., a Texas corporation.
Initial HM Development Property: the 254.399 acres of land described in
Assumption Special Warranty Deed, dated as of June 25, 2020, and
recorded under Document No. 2020068300, Official Public Records of
Williamson County, Texas.
Parkside Parties: HM Parkside, HM Development and HM GPII.
First Amendment to Second Amended and Restated Consent Agreement Page 3 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
b. Section 2.02. The following terms in Section 2.02 are modified to read as
follows:
"Agreement": The Second Consent Agreement as modified by this First
Amendment, among the City, HM Parkside, HM-CR, WCMUD No. 25,
HM Development, HM GPII, POR MUD No. 1, and, when formed, the
Additional Districts, together with all exhibits listed below and referred
to herein, which are incorporated into the Agreement by this reference.
Authorized Assignee: As to the Parkside Property, any entity controlled
by, controlling, or under common control with a Parkside Party or HM-
CR.
Developer Parties: Collectively, HM Parkside, HM-CR, HM GPII, HM
Development, and LWO.
District(s): When singular, WCMUD No. 25, POR MUD No. 1, or one of
the Additional Districts, as the context indicates; when plural, all of
them.
Land: The Original Land plus the 2243 South Tract and the GPII
Property; the Land is generally shown on Exhibit H, attached to this
First Amendment.
Parkland: approximately 102 acres (such acreage estimate excludes the
estimated area to be included in the ROW described below) of the
Parkside Property designated "Parkland" on the Land Use Plan attached
as Exhibit F to the Parkside Development Agreement. The Parkland is
located on both sides of the River and extends (on the south side of the
River only) across the entire east -west width of the Land but excludes
areas to be dedicated as ROW for Parkside Parkway (as defined in the
Parkside Development Agreement) and the Bridge.
Parkside Development Agreement: The Development Agreement by and
between the City, HM Parkside, and HM-CR pertaining to the
development of the Parkside Property, which was approved by the City
Council on October 8, 2019 by City Ordinance No. 2019- 69 and recorded
under Document No. 2019117041, as amended by First Amendment to
and Partial Assignment of Development Agreement Parkside on the
First Amendment to Second Amended and Restated Consent Agreement Page 4 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
River Subdivision dated December 8, 2020, approved by the City
Council on December 8, 2020 by City Ordinance No. 2020-84, and
recorded under Document No. 2020162167, Official Public Records of
Williamson County, Texas, and by Second Amendment to Development
Agreement Parkside on the River Subdivision dated on or about the
date of this First Amendment.
Parkside Property: Collectively, the Remainder Property, the 2243 South
Tract and the GPII Property.
Parties: Collectively, the Initial Parties, POR MUD #1, HM GPII, HM
Development, and, upon their execution of this Agreement, the
Additional Districts.
POR MUD No. 1: Parkside on the River Municipal Utility District No. 1,
the second municipal utility district allowed to be created under the
Original Consent Agreement, whose creation the TCEQ approved on
July 1, 2020.
c. Section 2.02. The term "Additional District," as used in the Second
Consent Agreement, is deleted and the term "Additional Districts" set
out below is substituted in its place each place it appears in the Second
Consent Agreement.
Additional Districts: The third and fourth municipal utility districts
(which are the last 2 municipal utility districts) that may be created in
accordance with Chapter 54 of the Texas Water Code and this
Agreement over the portion of the Parkside Property that is not within
the boundaries or definitions of: (a) WCMUD No. 25, (b) POR MUD No.
1, (c) the 2243 South Tract (which was annexed into WCMUD No. 25 as
provided in Article IV), or (d) the Parkland. All references in the Second
Consent Agreement to the "Additional District" will mean and refer to
the Additional Districts as defined in this First Amendment.
d. Section 4.04. A new Section 4.04 is added to the Second Consent
Agreement as follows:
The City acknowledges receipt of WCMUD No. 25's and HM GPII's
April 20, 2021 Petition for Consent to Annex Land into Williamson
First Amendment to Second Amended and Restated Consent Agreement Page 5 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
County Municipal Utility District No. 25", in accordance with Section
54.016 of the Texas Water Code, Section 42.042 of the Texas Local
government Code, and Section 13.10 of the UDC for annexation of the
47 Acre Tract into WCMUD No. 25.
e. Section 4.05. A new Section 4.05 is added to the Second Consent
Agreement as follows:
The City Council hereby consents to the inclusion of the 47 Acre Tract
within the boundaries of WCMUD No. 25. No further action will be
required on the part of the City to evidence its consent to the annexation
of the 47 Acre Tract into WCMUD No. 25; however, the City agrees to
provide any additional confirmation of its consent that may be required
by HM GPII or WCMUD No. 25 if requested to do so.
f. Section 4.06. A new Section 4.06 is added to the Second Consent
Agreement as follows:
WCMUD No. 25 or HM GPII shall provide the City with certified copies
of all orders or resolutions effectuating the lawful annexation of the 47
Acre Tract into WCMUD No. 25 within ten (10) days after the effective
date of same.
g. Section 5.01. Section 5.01 of the Second Consent Agreement is repealed
and replaced with the following:
The Parkside Party(ies) owning the portion of the Parkside Property to
be included within an Additional District may file a petition with the
City, in accordance with Section 54.016 of the Texas Water Code, Section
42.042 of the Texas Local Government Code, Section 13.10 of the UDC,
and this Agreement for creation of the Additional District.
h. Section 5.02. Section 5.02 of the Second Consent Agreement is repealed
and replaced with the following:
The petition for creation of an Additional District must (i) describe by
metes and bounds the boundaries of the Additional District, (ii) contain
the express acknowledgement of the Parkside Party(ies) owning the
land within such boundaries that the City's consent shall be subject to
First Amendment to Second Amended and Restated Consent Agreement Page 6 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDS
the terms and conditions of this Agreement; and (iii) include a copy of
this Agreement as an exhibit to the creation petition.
i. Section 5.03. Section 5.03 of the Second Consent Agreement is repealed
and replaced with the following:
At least thirty (30) days before the submission of a creation application
to the TCEQ for an Additional District, the Parkside Party(ies) owning
the land within the proposed boundaries of such Additional District
agree to submit to the City a draft of the creation application and all
supporting documents. The City shall have thirty (30) days to review
and comment on the draft. In addition, the City shall be entitled to
review and request additional information about each individual
designated as an initial director of an Additional District.
j. Section 5.04. Section 5.04 of the Second Consent Agreement is repealed
and replaced with the following:
The City agrees that this Agreement will be deemed to constitute the
City's consent to the creation of the Additional Districts. No further
action will be required on the part of the City to evidence its consent to
the creation of the Additional Districts; however, the City agrees to
provide any additional confirmation of its consent that may be required
by the Parkside Party(ies) owning the land within the proposed
boundaries of such Additional District, or the Additional District if
requested to do so.
k. Section 5.05. Section 5.05 of the Second Consent Agreement is repealed
and replaced with the following:
The Parkside Party(ies) owning the land within the proposed
boundaries of an Additional District covenant and agree to cause such
Additional District to approve, execute, and deliver this Agreement (in
this form) to all Parties within ninety (90) days after the applicable
District Confirmation Date. The Parties agree that this Agreement shall
be effective as to a District when signed by an authorized representative
of the District and without further action by any of the other Parties.
HM Parkside and HM Development, as to the Remainder Property, and
HM GPII, as to the GPII Property, shall record a memorandum of
First Amendment to Second Amended and Restated Consent Agreement Page 7 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
execution (or similar instrument) in the Official Public Records of
Williamson County, Texas evidencing approval and execution of this
Agreement by the applicable District.
1. Section 7.01. Section 7.01 of the Second Consent Agreement is repealed
and replaced with the following:
HM Parkside agrees that the City may annex all portions of the Parkland
within the Remainder Property (except those portions inadvertently
included in the boundaries of WCMUD No. 25 in 2009, if any) into the
City limits any time after transfer of such Parkland by HM Parkside to
the City in accordance with Section 4.04 of the Parkside Development
Agreement and at the City's convenience, and hereby expressly
consents to such annexation by the City of such portions of the Parkland.
HM GPII agrees that the City may annex all portions of the Parkland
within the GPII Property into the City limits any time after transfer of
such Parkland by HM GPII to the City in accordance with Section 4.04
of the Parkside Development Agreement and at the City's convenience,
and hereby expressly consents to such annexation by the City of such
portions of the Parkland.
m. Section 7.03. Section 7.03 of the Second Consent Agreement is repealed
and replaced with the following:
Except for the 2243 South Tract (being annexed as described in Article
IV) and except for the 47 Acre Tract (being annexed as described in
Article IV), WCMUD No. 25 shall not annex any other land into its
boundaries without the City's express written consent evidenced by a
Resolution of the City Council.
n. Section 10.03. Section 10.03 of the Second Consent Agreement is
repealed and replaced with the following:
10.03 Solid Waste Services, Bulky Waste Services, Yard Trimmings
Services, and Recycling Services. Residential Services (defined below)
and Non -Residential Services (defined below) shall be provided to
customers within the Property by the City's solid waste service
provider(s) and no other providers. As used in the Agreement, the term
"Residential Services" shall mean Solid Waste Services, Bulky Waste
First Amendment to Second Amended and Restated Consent Agreement Page 8 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDS
Services, Yard Trimmings Services, and Recycling Services for
Residential Units, and the term "Non -Residential Services" shall mean
Solid Waste and Recycling Services for Non -Residential Units, and all
of the foregoing capitalized terms shall have the same meaning as set
forth in the City's contract(s) the provider(s) of such services. Unless
the City notifies the District (s) otherwise at least 180 days in advance,
the City shall be responsible for setting up accounts to bill customers
within the Land for the above -described services, and for billing and
collecting for those services.
o. Section 13.01. Section 13.01 of the Second Consent Agreement is
repealed and replaced with the following:
This Agreement shall be effective from the Effective Date and shall
continue in effect as to WCMUD No. 25 and the Developer Parties until
WCMUD No. 25 is dissolved and its obligations are fully assumed by
the City, in the City's sole election, or until terminated in writing by
WCMUD No 25 and the Developer Parties. This Agreement shall be
effective from the Effective Date and shall continue in effect as to POR
MUD No. 1, the Additional Districts and the Parkside Parties until POR
MUD No. 1 or the applicable Additional District (as appropriate) is
dissolved and its obligations are fully assumed by the City, at the City's
sole election, or until terminated in writing by mutual agreement of the
City, POR MUD No. 1 (as to POR MUD No. 1), the Additional Districts
(as to the Additional Districts) and the Parkside Party owning the land
within POR MUD No. 1 or the applicable Additional District.
p. Section 13.02(c)(1). Section 13.02(c)(1) of the Second Consent Agreement
is repealed and replaced with the following:
HM-CR and any Parkside Party may assign this Agreement to an
Authorized Assignee if the assignment is in connection with transfers of
all or portions of the Land to the Authorized Assignee, either by a single
assignment or through one or more partial assignments, in each instance
without the prior written consent of the City or the District in which the
applicable Land is located. Any such assignment by HM-CR or a
Parkside Party to an Authorized Assignee must be accompanied by an
assignment by HM-CR or the applicable Parkside Party to the
Authorized Assignee of its interest in the Parkside Development
First Amendment to Second Amended and Restated Consent Agreement Page 9 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
Agreement as to the portion of the Land so conveyed. A copy of any
such assignment must be delivered to the City and the applicable
District within 15 days after execution.
q. Section 13.04(b). Section 13.04(b) of the Second Consent Agreement is
repealed and replaced with the following:
Each Parkside Party covenants to cause any Additional District created
by such Parkside Party to approve, execute, and deliver to the City a
signed copy of this Agreement within 90 days after the applicable
District Confirmation Date.
r. Section 13.04[c]. Section 13.04(c) of the Second Consent Agreement is
repealed and replaced with the following:
If an Additional District fails to approve, execute and deliver to the City
this Agreement, or another other agreement or document required by
this Agreement or required to give effect to one or more terms of this
Agreement, within the periods referenced herein, and such failure is not
cured after fifteen (15) days after notice from the City to the Parkside
Party which owns the land within the Additional District's boundaries
and the non -compliant District, such failure shall operate as a material
breach of this Agreement by the Parkside Party which owns the land
within the Additional District's boundaries and the following
provisions shall apply: the noncompliant District shall not take
affirmative action to issue Bonds, and the Parkside Party which owns
the land within the Additional District's boundaries shall not enter into
any agreements with or seek or receive reimbursement from a
noncompliant District until the failure has been cured. The City shall
have all rights to enjoin the issuance of Bonds by a noncompliant District
during any period during which a material breach exists under this
Section.
s. Section 14.01. Section 14.01 of the Second Consent Agreement is
repealed and replaced with the following:
Notice. All notices, requests or other communications required or
permitted by this Agreement shall be in writing and shall be sent by (i)
by overnight courier or hand delivery, or (ii) certified mail, postage
First Amendment to Second Amended and Restated Consent Agreement Page 10 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
prepaid, return receipt requested, and addressed to the Parties at the
following addresses, or to such other address as a Party may from time
to time designate by giving notice in writing to the other Parties:
CITY: City of Georgetown
808 Martin Luther King Street
Georgetown, Texas 78626
or
P.O. Box 409 Georgetown, Texas 78627
Attn: City Manager
with copies to: City of Georgetown City Attorney
808 Martin Luther King Street
Georgetown, Texas 78626
or
HM Parkside:
HM-CR:
HM Development:
HM GPII:
P.O. Box 409 Georgetown, Texas 78627
Attn: City Attorney
HM Parkside, LP
HM CR 176-2243-LP
HM Parkside Development, Inc.
HM GPII, LP
1011 N. Lamar Blvd.
Austin, TX 78703
Attn: Blake J. Magee
Phone: (512) 481-0303
With copies to: Ann E. Vanderburg
Hurst Savage & Vanderburg, LLP
814 West 10th Street
Austin, Texas 78701-2005
Phone: (512) 474-8401
First Amendment to Second Amended and Restated Consent Agreement Page 11 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
WCMUD No. 25: Williamson County Municipal Utility District No. 25
c/o Allen Boone Humphries Robinson LLP
1108 Lavaca Street, Suite 510
Austin, Texas 78701
Attn: Mr. Trey Lary
Phone: (512) 518-2424
POR MUD No.1: Parkside on the River MUD No. 1
c/o Armbrust & Brown, PLLC
100 Congress Avenue, Suite 1300
Austin, Texas 78701
Attn: Sean Abbott
Phone: (512) 435-2300
The Parties may change their respective addresses to any other address within the
United States of America or designate additional persons to receive notice by
giving at least five (5) days' written notice to the other Party.
5. Counterparts. This First 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.
6. Recording. This First Amendment will be recorded in the Official Records of
Williamson County, Texas by the Parkside Parties at the Parkside Parties'
expense.
Exhibit List:
Exhibit A - Partial Assignment and Assumption Agreement — Consent Agreement
Exhibit H - The Land (general depiction)
Schedule 1 - Initial HM Development Property
Schedule 2 - Parkside on the River Municipal Utility District No. 1 Boundary Map
Schedule 3- The 314-Acre Tract
Schedule 4 - The 47.417-Acre Tract
(5iWature Pages to Follow]
First Amendment to Second Amended and Restated Consent Agreement Page 12 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
CITY OF GE)MIGETOWN, TEXAS
By:
Printe ame Josh Schroeder
Title: avor
ATTEST:
By:
Robyn bensmore, City Secretary
APPROVED AS TO FORM:
By:
Sk Ma son, City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the & day of
2021, by Josh Schroeder, Mayor of the City of Georgetown, Texas,
a ome-rule city, on behalf of the City.
(seal) p
CSY ALy KAREN FROST
Notary ID # 1053608-4 Notary Public State Texas
°ar My Commission Expires
May 24, 2024
First Amendment to Second Amended and Restated Consent Agreement Page 13 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
HM PARKSIDE, LP, a Texas limited
partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation, General Partner
7m) �7�
By:
Blake J. Magee, President
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
Tl ' instrument was acknowledged before me the 3 day of
r%hQ. 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)
HOLLY H. FULLERTON
,... �Q
Notary Public, State of Texas
Comm. Expires 05-29-2024
%nofs;•` Notary ID 132499027
+nine
Notary P-tiblk State If Texas
First Amendment to Second Amended and Restated Consent Agreement Page 14 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
HM CR 176-2243, LP, a Texas limited
partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporation, Genera Partne
sy:
a e J. Magee, President
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
T instrument was acknowledged before me the .O" day of
Uri 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)
va''+•, HOLLY H FULLERTON
Notary Public, State of Texas
SLAO ^a = Comm. Expires 05-29-2024
,'�aF� ;�• Notary ID 132499027
�A /]-- )��
Notary Publ it State (. f Texas
First Amendment to Second Amended and Restated Consent Agreement Page 15 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25, Parkside on the River MUDs
HM PARKSIDE DEVELOPMENT, INC., a
Texas corporation
By:
lake J. Magee, President
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
Tlinstrument was acknowledged before me the .3pw day of
IZ2021, by Blake J. Magee, President of HM PARKSIDE
DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation.
(seal)
HOLLY H. FULLERTON
a$? ;�_ Notary Public, State of Texas
Comm. Expires 05-29-2024
Notary ID 132499027
Notary Publ c State f Texas
First Amendment to Second Amended and Restated Consent Agreement Page 16 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDs
HM GPII, LP, a Texas limited partnership
By: Hanna/Magee GP #1, Inc., a Texas
corporate , General Par r
By:
Blake J. Magee, President
STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me the 9f, day of
•J V1t�� , 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)
HOLLY H. FULLERTON
Notary Public, State of Texas
Comm, Expires 05-29-2024
Notary ID 132499027
Notary Pudic State of Texas
First Amendment to Second Amended and Restated Consent Agreement Page 17 of 17
Water Oak Subdivision and Parkside on the River Subdivision (exhibits attached)
Williamson County MUD No. 25; Parkside on the River MUDS
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED CONSENT AGREEMENT
Water Oak Subdivision and Parkside on the River Subdivision
Williamson County MUD No. 25; Parkside on the River MUDS
EXHIBIT A
Partial Assignment and Assumption Agreement — Consent Agreement
ELECTRONICALLY RECORDED 2021073238
Williamson County, Texas Total Pages: 5
PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Partial
Assignment") is made to be effective as of the date set forth below, between HM Parkside, LP, a Texas
limited partnership ("Assignor"), and HM Parkside Development, Inc., a Texas corporation affiliated with
Assignor ("Assignee"). Assignor and Assignee are collectively referred to in this Partial Assignment as
the "Parties" and singularly as a "Party".
Recitals
A. Assignor (referred to as "HM Parkside") is a party to a certain "Second Amended and
Restated Consent Agreement" (the "Consent Agreement") dated as of October 17, 2019, and recorded
under Document No. 2019117039, Official Public Records of Williamson County, Texas, initially among
the City of Georgetown, Texas, a Texas home -rule municipality located in Williamson County, Texas
("City"), Laredo W.O., Ltd., a Texas limited partnership, Assignor, HM CR 176-2243, LP, a Texas limited
partnership affiliated with Assignor, Williamson County Municipal Utility District No. 25, a municipal
utility district created under Chapters 49 and 54 of the Texas Water Code ("WCMUD No. 25"), and upon
their creation, the Additional Districts.
B. Assignee is an Authorized Assignee under the Consent Agreement.
C. On June 25, 2020 (the "Effective Date"), Assignor transferred and conveyed, and Assignee
acquired, that certain portion of the Remainder Property more particularly described on the attached Exhibit
A (the "Initial HM Development Property").
D. Assignor now desires to assign and delegate its rights and obligations under the Consent
Agreement to Assignee as they relate to the Initial HM Development Property, but not otherwise, and
Assignee desires to accept the assignment and delegation of, Assignor's rights, duties, obligations, and
interests under the Consent Agreement with respect to the Initial HM Development Property but not
otherwise. As between the.City, WCMUD No. 25 and Assignor and Assignee, however, both Assignor and
Assignee will be jointly and severally responsible for the obligations of Assignor under the Consent
Agreement and either may assert the rights of Assignor against the City or WCMUD No. 25 with respect
to the Consent Agreement.
NOW THEREFORE, for and in consideration of the covenants and agreements contained in this
Partial Assignment and other good and valuable consideration, the receipt and legal sufficiency of which
are hereby acknowledged, Assignor and Assignee agree and act as follows:
1. Partial Assignment; Subject to the terms, conditions and limitations of this Partial Assignment,
as of the Effective Date, Assignor transfers, assigns and delegates to Assignee, on a non-
exclusive basis in common with Assignor, Assignor's rights, title, obligations and interests in,
to and under the Consent Agreement as to the Initial HM Development Property (collectively,
the "Transferred Rights and Obligations"), so that from and after Effective Date of this
Partial Assignment, Assignor and Assignee are jointly and severally responsible to City and
WCMUD No. 25 for the Transferred Rights and Obligations.
2021073238 Page 2 of 5
Assumption. As of the Effective Date, Assignee assumes all the Transferred Rights and
Obligations. As between Assignor and Assignee, Assignee agrees to perform those of the
Transferred Rights and Obligations applicable to the Initial HM Development Property and
Assignor agrees to perform those of the Transferred Rights and Obligations applicable to the
portions of the Remainder Property owned by Assignor. Assignee's assumption of the
Transferred Rights and Obligations as provided in this Partial Assignment constitutes
Assignee's promise to perform Assignor's duties and obligations under the Consent Agreement
with respect to the Transferred Rights and Obligations.
3. Retained Rights and Obligations. Assignor retains all rights, title, interest and obligations
under the Consent Agreement not transferred herein, and a non-exclusive right in and to the
Transferred Rights and Obligations.
4. Notice. All notices, requests or other communications required or permitted by this Partial
Assignment 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:
A_ ssignor_and Assignee: HM Parkside, 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. 101' Street
Austin, Texas 78701
Attn.: Ann Engles Vanderburg
5. Defined Terms. All capitalized terms used in this Partial Assignment that are not otherwise
defined shall have the meanings set forth in the Consent Agreement.
6. Binding Effect. This Partial Assignment will run with the Initial HM Development Property
and be binding upon Assignee and its authorized successors and assigns.
7. Term. This Partial Assignment shall remain in effect for until termination of the Consent
Agreement.
8. Execution. To facilitate execution, this Partial Assignment may be executed in any number of
counterparts, and it will not be necessary that the signatures of all parties by contained on any
one counterpart. Additionally, for purposes of facilitating the execution of this Partial
Assignment the signature pages taken from separate, individually executed counterparts of this
Partial Assignment may be combined to form multiple fully executed counterparts and a
facsimile signature will be deemed to be an original signature for all purposes. All executed
counterparts of this Partial Assignment will be deemed to be originals, but such counterparts,
when taken together, will constitute one and the same instrument.
9. Recordation, Cony to City. This Partial Assignment will be recorded in the Official Public
Records of Williamson County, Texas by Assignor at Assignor's expense. Assignor will
provide a copy of the recorded Assignment to the City.
2021073238 Page 3 of 5
ASSIGNOR:
ASSIGNEE:
STATE OF TEXAS §
COUNTY OF TRAVIS §
HM PARKSIDE, LP, a Texas limited partnership
By: Hanna/Magee GP #1, Inc., a Texas corporation,
General Partner
B:
Blake J. Magee, President
HM PARKSIDE DEVELOPMENT, INC., a Texas
corporation
By:
Bl a T7agee, Prest Jent
This instrument was acknowledged before me the &? day of May, 2021, by Blake J. Magee, in
his capacities as President of Hanna/Magee GP #1, Inc., a Texas corporation, General Partner of HM
PARKSIDE, LP, a Texas limited partnership, and as President of HM PARKSIDE DEVELOPMENT,
INC., a Texas corporation, on behalf of said corporations and limited partnership.
(seal)
joy1,(<4". HOLLY H. FULLERTON
,�Notary Public, State of Texas
4c Comm, Expires 05 29-2024 Notary Public Stat of Texas
Notary ID 132499027
31Pa-
2021073236 Page 4 of 5
EXHIBIT A
Initial HM Development Property
The "Initial HM Development Property" consists of the following two tracts of land:
Tract 1: 58.791 acres of land, more or less, in the Key West Irrigation Co. Survey,
Abstract No. 711, the I.&G.N.R.R. CO. Survey, Abstract No. 744, and the J.D. Johns
Survey, Abstract No. 365, Williamson County, Texas; being a portion of a certain called
1,143.511 acre tract designated as Tract 1 and described in the Special Warranty Deed to
HM PARKSIDE, LP. by deed of record in Document Number 2018114043 of the Official
Public Records of Williamson County, Texas, and being more particularly described as
by metes and bounds as "Tract 1" in the Assumption and Special Warranty Deed dated
June 25, 2020 recorded as Document Number 2020068300 in the Official Public Records
of Williamson County, Texas.
TRACT 2: 195.608 acres of land, more or less, located in the J. Thompson Survey,
Abstract No. 608 in Williamson County, Texas; being a portion of a certain called
1,143.511 acre tract designated as "Tract 1" and described in the Special Warranty Deed
to HM PARKSIDE, LP. by deed of record in Document Number 2018114043 of the Official
Public Records of Williamson County, Texas, and being more particularly described as
by metes and bounds as "Tract 2" in the Assumption and Special Warranty Deed dated
June 25, 2020 recorded as Document Number 2020068300 in the Official Public Records
Page 1 of 1
2021073238 Page 5 of 5
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021073238
Pages:5 Fee: $33.00
05/17/2021 02:45 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED CONSENT AGREEMENT
Water Oak Subdivision and Parkside on the River Subdivision
Williamson County MUD No. 25; Parkside on the River MUDs
EXHIBIT H
The Land (general depiction)
Exhibit H
Bypass
Parkside on
the River
Downtown
Georgetown
RV* - :0 h11e 1i2 Mitr 1 Mile ��
' PARKSIDE ON THE RIVER AREA MAP
�M. 1
M A N N A I M AG E E. L. P.
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED CONSENT AGREEMENT
Water Oak Subdivision and Parkside on the River Subdivision
Williamson County MUD No. 25; Parkside on the River MUDs
SCHEDULE 1
Initial HM Development Property
SCHEDULE 1
Initial HM Development Property
The "Initial HM Development Property" consists of the following two tracts of land:
Tract 1: 58.791 acres of land, more or less, in the Key West Irrigation Co. Survey,
Abstract No. 711, the I.&G.N.R.R. CO. Survey, Abstract No. 744, and the J.D. Johns
Survey, Abstract No. 365, Williamson County, Texas; being a portion of a certain called
1,143.511 acre tract designated as Tract 1 and described in the Special Warranty Deed to
HM PARKSIDE, LP. by deed of record in Document Number 2018114043 of the Official
Public Records of Williamson County, Texas, and being more particularly described as
by metes and bounds as "Tract 1" in the Assumption and Special Warranty Deed dated
June 25, 2020 recorded as Document Number 2020068300 in the Official Public Records
of Williamson County, Texas.
TRACT 2: 195.608 acres of land, more or less, located in the J. Thompson Survey,
Abstract No. 608 in Williamson County, Texas; being a portion of a certain called
1,143.511 acre tract designated as "Tract 1" and described in the Special Warranty Deed
to HM PARKSIDE, LP. by deed of record in Document Number 2018114043 of the Official
Public Records of Williamson County, Texas, and being more particularly described as
by metes and bounds as "Tract 2" in the Assumption and Special Warranty Deed dated
June 25, 2020 recorded as Document Number 2020068300 in the Official Public Records
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED CONSENT AGREEMENT
Water Oak Subdivision and Parkside on the River Subdivision
Williamson County MUD No. 25; Parkside on the River MUDS
SCHEDULE 2
Parkside on the River Municipal Utility District No. 1 Boundary Map
Schedule 2
Parkside on the River MUD No. 1 Boundary Maps
LEGEND
PROPOSED DESCRIPTION
PROPOSED SITE
PARKSIDE ON THE RIVER LOCATION MAP
MUNICIPAL UTILITY DISTRICT NO.1
PROJECT No.:
Page 1 of 2
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FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED CONSENT AGREEMENT
Water Oak Subdivision and Parkside on the River Subdivision
Williamson County MUD No. 25; Parkside on the River MUDs
SCHEDULE 3
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 II, 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, O.PR.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;
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;
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 L.
TBPLS Firm No. 10194150
Ph: 512-296-2675 '(
June 11, 2020 NYLANJwORT
iip''14i..i��1f J. HER%
''s 9 5768 i'
SS5•R'ir��F;
5 u
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED CONSENT AGREEMENT
Water Oak Subdivision and Parkside on the River Subdivision
Williamson County MUD No. 25; Parkside on the River MUDS
SCHEDULE 4
The 47.417-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;
3. 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;
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 arc 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;
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 3 5. 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;
1. 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 are 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 24 1. 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