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HomeMy WebLinkAbout06/10/2021 - Regular Minutes - Rock Prairie Management District No. 2ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 MINUTES OF MEETING OF BOARD OF DIRECTORS June 10, 2021 The Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the "District") met in regular session, open to the public on June 10, 2021, in accordance with the duly posted notice of meeting, and the roll was called of the duly constituted members of said Board of Directors, as follows: Uri Geva — President Hays Glover — Vice President Mark Lindemulder — Assistant Secretary all of whom participated in the meeting via telephone conference call, thus constituting a quorum. Also attending the meeting via telephone conference call were James Murr of College Station Town Center, Inc. ("CSTC"); Arturo Cornejo of Municipal Accounts & Consulting, L.P. ("MAC"); Joshua Campbell of EHRA Engineering ("EHRA"); Becky Brewer of B&A Municipal Tax Service, LLC ("B&A"); Aubrey Nettles of the City of College Station ("City"); Samuel "Kit" Kerbel and Logan Lee; and Christina Cole and Julie Kime of Schwartz, Page & Harding, L.L.P. ("SPH"). The President called the meeting to order and declared same open for such business as might properly come before it. EXPLANATION OF TELEPHONE CONFERENCE CALL MEETING PROCEDURES AND CALL TO ORDER Ms. Cole explained to the Board the procedures to be used during the telephone conference call meeting. In connection therewith, she informed the participants that the meeting would be recorded, and requested that participants clearly state his or her name before speaking, including when making or seconding a motion. Ms. Cole further explained that she would conduct a roll call vote for all motions and that Board members should wait to vote on a motion until his or her name has been called. Lastly, Ms. Cole conducted a full roll call of all meeting participants for attendance purposes. PUBLIC COMMENTS The Board began by opening the meeting for public comments. There being no members of the public present, the Board continued to the next item of business. APPROVAL OF MINUTES The Board next considered approval of the minutes of its regular meeting held on May 13, 2021. After review and discussion, Director Glover moved that the minutes for said Board meeting be approved, as written. Director Lindemulder seconded said motion, which unanimously carried. STATEMENTS OF ELECTED/APPOINTED OFFICER, OFFICIAL BONDS, OATHS OF OFFICE AND AFFIDAVITS OF CURRENT DIRECTOR Ms. Cole reported that, at its meeting of May 27, 2021, the City Council of the City appointed Samuel Kerbel to Position 4, and Logan Lee to Position 5 on the Board with expiring terms ending June 1, 2025. The Board then considered acceptance of the Statements of Elected/Appointed Officer, Official Bonds and Affidavits of Current Directors of Mr. Kerbel and Mr. Lee. In that regard, Ms. Cole reported that SPH had received the Statements of Elected/Appointed Officer, Official Bonds and Affidavits of Current Director of Mr. Kerbel and Mr. Lee, and that each had taken his Oath of Office. It was then moved by Director Glover, seconded by Director Lindemulder and unanimously carried, that the Board accept said Statements of Elected/Appointed Officer, Official Bonds, Oaths of Office and Affidavits of Current Director and declare Samuel Kerbel and Logan Lee appointed and qualified directors of the District. Directors Kerbel and Lee participated in the remainder of the meeting. ELECTION NOT TO DISCLOSE INFORMATION Ms. Cole advised the Board that each director may elect to instruct the District to withhold public access to information in the custody of the District relating to his home address, home telephone number, social security number and information indicative of whether he has family members pursuant to Section 552.024 of the Texas Government Code. She noted that such election must be made not later than the fourteenth day after the director's appointment or election. After discussion, Directors Kerbel and Lee elected not to disclose such information. ELECTION OF OFFICERS The next item to be considered was the reorganization of the officers of the Board and nominations for the office of Secretary, Assistant Vice President and Assistant Secretary. Following discussion, Director Glover nominated Director Lee for the office of Assistant Vice President, Director Lindemulder for the office of Secretary, and Director Kerbel for the office of Assistant Secretary. There being no further nominations, they were closed. A vote was called, and upon motion duly made by Director Glover, seconded by Director Lindemulder and unanimously carried, Director Lee was elected to serve as Assistant Vice President, Director Lindemulder was elected to serve as Secretary and Director Kerbel was elected to serve as Assistant Secretary. The Board concurred that Director Geva was to continue to serve as President, and Director Glover was to continue to serve as Vice President. 2 590895 DISTRICT REGISTRATION FORM The Board next considered authorizing the preparation and filing of an updated District Registration Form as required by the rules of the Texas Commission on Environmental Quality ("TCEQ"). Ms. Cole explained that, in accordance with certain provisions of the Texas Water Code and rules of the TCEQ, municipal management districts are required to provide the names, mailing addresses, officer positions and terms of office for directors with the TCEQ within thirty (30) days of the director's election or appointment. She advised that, with the Board's approval, SPH will prepare an updated District Registration Form reflecting Director Lindemulder's new position on the Board and the terms of office and officer positions of Directors Lee and Kerbel, and will file said Form with the TCEQ following today's meeting. Following discussion, Director Glover moved that the Board authorize SPH to prepare the updated District Registration Form as discussed and to file same with the TCEQ within thirty (30) days of today's meeting. Director Lindemulder seconded said motion, which unanimously carried. LOCAL GOVERNMENT OFFICERS LIST Ms. Cole advised the Board that the District is required to maintain a list of Local Government Officers, which includes the members of the Board and the District's Investment Officers in connection with statutory conflict of interest disclosure requirements. After discussion, Director Glover moved that SPH be authorized to update the District's list of Local Government Officers, as required by law. Director Lindemulder seconded the motion, which unanimously carried. OPEN GOVERNMENT TRAINING FOR DIRECTOR Ms. Cole discussed with Directors Lee and Kerbel the open government training requirements for public officials. Ms. Cole advised that public officials, including directors of a municipal management district, must complete separate training courses regarding the Texas Open Meetings Act and the Texas Public Information Act. Ms. Cole presented to and reviewed with Directors Lee and Kerbel a memorandum prepared by SPH which summarizes the training requirements. Ms. Cole advised that the deadline for Directors Lee and Kerbel to complete the training is the 90th day after he has taken the oath of office or otherwise assumed his responsibilities as a public official. Ms. Cole further requested that Directors Lee and Kerbel provide the certifications of completion to SPH upon their completion of the training courses. CONFLICTS DISCLOSURE STATEMENT REPORTING REOUIREMENTSS Ms. Cole next discussed with the Board the conflicts disclosure statement reporting requirements for officers of certain local government entities, including municipal management district directors, pursuant to Chapter 176 of the Local Government Code and presented Directors Lee and Kerbel each with a memorandum prepared by SPH, which summarizes same. BOOKKEEPING REPORT Mr. Cornejo presented to and reviewed with the Board a Bookkeeping Report, a copy of which report is attached hereto as Exhibit A, including checks presented therein for payment. -3- 590895 Following discussion, Director Glover moved that said Bookkeeping Report be approved and that the checks and wire identified in the report be approved for payment. Director Lindemulder seconded the motion, which unanimously carried. TAX ASSESSORICOLLECTOR'S REPORT Ms. Brewer then presented to and reviewed with the Board the Tax Assessor -Collector Report for the month ended May 31, 2021, including checks presented therein for payment. A copy of such report is attached hereto as Exhibit B. After discussion, Director Glover moved that the Tax Assessor -Collector Report be approved and that the checks identified therein be approved for payment. Director Lindemulder seconded said motion, which unanimously carried. ENGINEERING REPORT Mr. Campbell presented to and reviewed with the Board an Engineering Report dated June 2021, a copy of which is attached hereto as Exhibit C. Mr. Campbell advised the Board that there were no action items in connection with the Engineering Report. STATUS OF ANNEXATION OF APPROXIMATELY 29.16 ACRES OF LAND INTO THE BOUNDARIES OF THE DISTRICT Ms. Cole reminded the Board that College Station Downtown Residential, LLC ("CSDR"), currently owns a 29.16 acre tract (the "Tract") located outside the boundaries of the District and desires to have the Tract annexed into the District's boundaries. Ms. Cole then reminded the Board that, as previously authorized, SPH submitted the Petition from CSDR and the District to the City, and that the City has granted such Petition and provided SPH with the consent Ordinance. Ms. Cole then presented to and reviewed with the Board an Order Adding Land to the District and Redefining the Boundaries of the District. Upon motion by Director Glover and seconded by Director Lindemulder, the Board voted unanimously to adopt the Order Adding Land to the District and Redefining the Boundaries of the District relative to the annexation of the Tract, a copy of which is attached hereto as Exhibit D. FIRST AMENDED AND RESTATED DISTRICT INFORMATION FORM Ms. Cole then presented and discussed with the Board a First Amended and Restated District Information Form and boundary map reflecting the revised boundaries of the District. Following discussion, Director Glover moved that the First Amended and Restated District Information Form and map be approved and that a majority of the Board members present be authorized to execute same on behalf of the District, and that all Board members present join in the filing of the First Amended and Restated District Information Form, as evidenced by a majority of Board members executing same. The motion was seconded by Director Lindemulder and carried by unanimous vote. AMENDMENT TO UTILITY DEVELOPMENT AGREEMENTS Ms. Cole reminded the Board that the District has previously entered into Utility Development Agreements with CSDR for water, sewer and drainage facilities, recreational -4- 590895 facilities and road facilities relative to 111.679. Ms. Cole then presented and reviewed the terms and provisions of Amendment to Utility Development Agreement (Water, Sewer and Drainage Facilities), Amendment to Utility Development Agreement (Recreational Facilities), and Amendment to Utility Development Agreement (Road Facilities) (collectively, the "Amendments") which amend each of the respective Utility Development Agreements to redefine the Service Area to include the Tract. Ms. Cole noted that CSDR has filed Texas Ethics Commission ("TEC") Form 1295s and has provided SPH with copies of same. Following review and discussion, Director Glover moved to (i) approve and authorize the President to execute each of such Amendments on behalf of the Board and District, and (ii) accept TEC Form 1295s submitted by CSDR relative to said Amendments and authorize SPH to acknowledge the District's receipt of same with the TEC. The motion was seconded by Director Lindemulder and carried by unanimous vote. DEVELOPER'S REPORT The Board considered the Developer's Report. Mr. Murr presented a verbal report on the status of development within the District. ATTORNEY'S REPORT Ms. Cole advised that SPH will send the Board a memorandum summarizing the bills considered and/or passed during the 2021 Texas legislative session affecting the District. Ms. Cole also advised that since there are is no action of the Board to require a July Board meeting, the regular July Board meeting will be cancelled, and the next meeting of the Board will be on the regular meeting date of August 12, 2021. VOTING SYSTEM ANNUAL FILING FORM The Board of Directors next considered authorizing the completion, execution and filing with the Secretary of State of a Voting System Annual Filing Form. Upon motion by Director -5- 590895 Glover, seconded by Director Lindemulder and unanimously carried, the Board authorized SPH to prepare and file said form. FUTURE AGENDA ITEMS The Board considered items for placement on future agendas. No specific agenda items, other than routine and ongoing matters were requested to be placed on a future agenda. Director Geva disconnected form the call at this time. ADJOURNMENT There being no further business to come before the Board, on motion made by Director Glover seconded by Director Lindemulder, and unanimously carried, the meeting was adjourned. -6 590895 LIST OF ATTACHMENTS Rock Prairie Management District No. 2 Minutes of Meeting of June 10, 2021 Exhibit A Bookkeeping Report Exhibit B Tax Assessor -Collector Reports Exhibit C Engineering Report Exhibit D Order Adding Land to the District and Redefining the Boundaries of the District 7 590895 EXHIBIT "A" MUNICIPAL �iCCOUNTS CONSULTING, L.P. Mffl A Rock Prairie Management District No. 2 Bookkeeper's Report June 10, 2021 1281 Brittmoore Road A Houston, Texas 77043 A Phone: 713.623.4539 A Fax: 713.629.6859 Num Name BALANCE AS OF 05/14/2021 Receipts Interest Eamed on Checking Total Receipts Disbursements 1143 Aggieland Title Company 1144 B&A Municipal Tax Service 1145 EHRA Engineering 1146 Municipal Accounts & Consulting, LP 1147 Schwartz, Page & Harding, L.L.P. Fees BBVA USA Total Disbursements BALANCE AS OF 06/10/2021 BBVA USA-PREMIER-#XXXX0276 Rock Prairie MD No. 2 - GOF Cash Flow Report - Checking Account As of June 10, 2021 Memo Title Report - Detention Site SB2 Compliance Engineering Fees Bookkeeping Fees Legal Fees Service Charge Amount 0.63 (150.00) (250.00) (3,338.94) (1,647.92) (7,105.20) (0.63) Balance $66,704.16 0.63 (12,492.69) $54,212.10 2 Num BALANCE AS OF 05/14/2021 Receipts Interest Eamed on Checking Transfer from Money Market Total Receipts Name Rock Prairie MD No. 2 - CPF Cash Flow Report - Checking Account As of June 10, 2021 Memo Amount Balance 0,56 5,209.72 Disbursements 1007 BKD, L.L.P. Series 2021 Road - Agreed Upon Procedures (4,900.00) 1008 Schwarlz, Page & Harding, L.L.P. Legal Fees (309.72) Wire BBVA USA Service Charge (0.56) Total Disbursements $100.00 5,210.2E (5,210.281 BALANCE AS OF 06/10/2021 $100.00 BBVA USA -CHECKING - #)0XX7782 3 Financial Institution (Acct Number) Fund: Operating Checking Account(s) BBVA USA -PREMIER (XXXX0276) Fund: Capital Projects Money Market Funds TEXAS CLASS (XXXX0002) Checking Account(s) BBVA USA -CHECKING (X)0XX7782) Fund: Debt Service Money Market Funds BBVA USA -DEBT (XXXX8126) TEXAS CLASS (XXXX0001) Rock Prairie Management District No. 2 Account Balances As of June 10, 2021 Issue Maturity Interest Date Date Rate 04/06/2021 0.01 % Totals for Operating Fund: 0.08 % 0.01 % Account Balance 54,212.10 Checking Account $54,212.10 79,402.77 2021 Road 100.00 Checking Account Totals for Capital Projects Fund: $79,502.77 01/15/2021 0.00 % 500.00 Road 04/06/2021 0.08 % 64,791,19 Road Totals for Debt Service Fund: $65,291.19 Grand total for Rock Prairie Management District No. 2: $199,006.06 Notes Rock Prairie MD No. 2 Capital Projects Fund Breakdown 6/10/2021 Net Proceeds for All Bond Issues Receipts Series 2021 Road - Bond Proceeds Series 2021 Road - Interest Earnings Disbursements Series 2021 Road - Disbursements (Attached) Total Cash Balance Balances by Account Checking - BBVA USA (7782) Series 2021 Road - TX Class (0002) Total Cash Balance Balances by Bond Series Series 2021 Road - Bond Proceeds Total Cash Balance $2,500,000.00 3.97 (2,420,501.20) $79,502.77 $100.00 79,402.77 $79,502.77 $79,502.77 $79,502.77 Remaining Costs/Surplus By Bond Series Series 2021 Road - Surplus & Interest Balance Total Remaining Costs/Surplus $79,502.77 $79,502.77 5 Rock Prairie MD No. 2 - GOF Actual vs. Budget Comparison May 2021 May 2021 June 2020 - May 2021 Annual Actual Budget Over/(Under) Actual Budget Over/(Under) Budget Revenues 14100 Developer Advance 0 0 0 50,033 50,033 0 50,033 14350 Maintenance Tax Collections 0 0 0 125,000 60,000 65,000 60,000 14380 Interest Eamed on Checking 1 3 (2) 38 30 8 30 Total Revenues 1 3 (2) 175,071 110,063 65,008 110,063 Expenditures 16330 Legal Fees 6,980 5,000 1,980 58,869 60,000 (1,131) 60,000 16340 Auditing Fees 0 0 0 10,800 0 10,800 0 16350 Engineering Fees 0 2,500 (2,500) 21,140 30,000 (8,860) 30,000 16430 Bookkeeping Fees 1,581 550 1,031 14,538 6,600 7,938 6,600 16450 Legal Notices & Other Publ. 0 2,000 (2,000) 0 2,000 (2,000) 2,000 16455 SB 2 Expenses 250 250 0 3,500 3,000 500 3,000 16460 Printing & Office Supplies 126 83 42 934 1,000 (66) 1,000 16470 Filing Fees 0 75 (75) 445 900 (455) 900 16480 Delivery Expense 57 42 15 1,286 500 786 500 16520 Postage 0 4 (4) 53 50 3 50 16530 Insurance & Surety Bond 0 0 0 3,536 3,713 (177) 3,713 16540 Travel Expense 0 108 (108) 0 1,300 (1,300) 1,300 16560 Miscellaneous Expense 161 83 77 388 1,000 (612) 1,000 Total Expenditures 9,154 10,696 (1,542) 115,489 110,063 5,426 110,063 Excess Revenues (Expenditures) ($9,153) ($10,693) $1,540 $59,583 $0 $59,583 $0 6 Rock Prairie MD No. 2 - GOF Balance Sheet As of May 31, 2021 ASSETS Current Assets Checking/Savings 111001. Cash in Bank 11105 L Cash in Bank - Tax Account Total Checking/Savings Total Current Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 12000 t Accounts Payable May 31, 21 66,704 38,946 105,650 105,650 105,650 12,242 Total Accounts Payable 12,242 Total Current Liabilities 12,242 Total Liabilities 12,242 Equity 130101 Unallocated Fund Balance Net Income 33,826 59,583 Total Equity 93,408 TOTAL LIABILITIES & EQUITY 105,650 7 Rock Prairie Management District No. 2 District Debt Service Payments 06/01/2021 - 06/01/2022 Paying Agent Series Date Due Date Paid Principal Interest Total Due Debt Service Payment Due 09/01/2021 Bank of New York 2021 - Road 09/01/2021 0.00 26,326.04 26,326.04 Total Due 09/01/2021 0.00 26,326.04 26,326.04 Debt Service Payment Due 03/01/2022 Bank of New York 2021 - Road 03/01/2022 0.00 31,591.25 31,591.25 Total Due 03/01/2022 0.00 31,591.25 31,591.25 District Total $0.00 $57,917.29 $57,917.29 8 EXHIBIT "B" Honesty I Efficiency I Transparency I Accountability I Continuity MUNICIPAL TAX SERVICEILLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE MONTH ENDING May 31, 2021 E do A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 620 MAIN 713-900-2680 1 HOUSTON, TX 77040 TOLL FREE 1-888-598-7409 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 5/31/21 RECEIVABLES SUMMARY 2020 Balance Forward Levy at 05/31/20 FYE CAD Changes / Uncollectible Outstanding Balance forward Prior Years (2019-2010) at 05/31/20 FYE CAD Changes / Uncollectible Total Levy to be collected Collection prior months (all years) 2020 Taxes Collected net NSF & KR Refunds during current month Taxes Collected for Prior Years net NSF & KR Refunds Total Outstanding Balance TAX ACCOUNT Income Taxes Collected Current Year Taxes Collected Prior Year Penalties & Interest Collection Fee Paid Overpayments NSF or Reversals, Bank Charges Other Fees & Court Costs, Etc Eamed Interest Beginning Balance - Tax Account Expenses CK# 1084 Brazos CAD - 3rd Qtr 2021 Assessment (Reporting Only) CK# 1108 McDonald & Wessendorff - Bond Preminum 7.11.21 to 7.11.22 CK# 1109 B&A Municipal Tax Service, LLC - Invoice MD2-113 CK# 1110 B&A Municipal Tax Service, LLC - Invoice MD2-114 Ending Balance -Tax Account $0.00 S117,676.84 $0.00 $0.00 ($116,829.06) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $243.00 $50.00 $662.00 $96.27 $1,051.27 117,676.84 0.00 117,676.84 (118,829.06) 847.78 19,781.09 19,781.09 18,729.82 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 620 HOUSTON, TX 77040 MAIN 713-900-2660 TOLL FREE 1-SSB-598-7409 2 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 5131121 OUTSTANDING TAXES - YEAR TO DATE TAX YEAR 2020 2019 2018 2017 BALANCE FORWARD 10/01/20 $116,563.08 $73,299.93 $49,461.25 $19,962.78 CAD SUPPLEMENTS & CORRECTIONS UNCOLLECTIBLE COLLECTIONS $1,113.76 $0.00 $116,829.06 $0.00 $0.00 $73,299.93 $0.00 $0.00 $49,461.25 $0.00 $0.00 $19,962.78 EXEMPTIONS & TAX RATES TAX YEAR 2021 2020 2019 2018 2017 HOMESTEAD EXEMPTION 0.00% 0.00% 0.00% 0.00% 0.00% DISTRICT VALUES TAX LAND & YEAR IMPROVEMENTS 2020 2019 2018 2017 22,941,412 14,898,546 9,881,920 4,069,643 OVER 65! DISABLED 0 0 0 0 0 AG NET 7,123 14,370 28,690 27,010 DEBT SERVICE M & 0 RATE RATE 0.00000 0.00000 0.50000 0.00000 0.50000 0.00000 0.50000 0.00000 0.50000 0.00000 PERSONAL PROPERTY 617,829 909,670 309,850 0 EXEMPTIONS 30,971 1,162,600 328,210 104,096 OUTSTANDING COLLECTIONS TAXES PERCENTAGE $847.78 99.28% $0.00 $0.00 ($0.00) $847.78 CONTRACT TAX RATE 0.00000 0.00000 0.00000 0.00000 0.00000 TOTAL VALUE 23,535,393 14,659,986 9,892,250 3,992,557 100.00% 100.00% 100.00% TOTAL RATE 0.00000 0.50000 0.50000 0.50000 0.50000 SR KR 1 1 12 12 30 30 47 47 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 620 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598 7409 3 MUNICIPAL TAX SERVICE,LLC BEGINNING BALANCE ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 5/31/21 INCOME 10% Rendition Penalty Bad Check Charges CAD Refund Excess Allotment Collection Fee Eamed Interest Overpayments Penalty & Interest Rollback Tax Collected Taxes Collected Total Income EXPENSES Audit/Records Bank Charges Bond Premium CAD Fees Certificate of Value Copies Correction Roll Refunds Correction Roll Rendition Refunds Continuing Disclosure Court Affidavits Delinquent Tax Attorney Assistance Delinquent Tax Attome_ Fee Estimate of Value Installment Tracking Unclaimed Property Report Legal Notices Mailing & Handling Meeting Travel & Mileage Overpayment Refund Public Hearing Records Retention Roll Update & Processing Supplies Tax Assessor Collector Fee - AB Tax Rate Preparation & Calculation Transfer to Rollback Collected Transfer to Maintenance & Operating Transfer to Debt Service ENDING BALANCE PROFIT & LOSS CURRENT MONTH 5/01121 - 5/31/21 20,599.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15.80 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 60.00 0.00 20.21 43.88 0.00 0.00 1.29 0.00 0.00 662.00 0.00 0.00 0.00 0.00 818.18 19 8i0 FISCAL YEAR 6/01/20 - 6/31/21 38,946.02 0.00 0.00 5.30 0.00 28.01 371.04 1,733.35 0.00 116,829.06 118,966.76 175.00 529.31 50.00 847.50 175.00 277.60 0.00 0.00 0.00 0.00 60.00 0.00 950.00 0.00 60.00 787.00 285.61 722.37 371.02 650.00 6.01 206.25 43.02 6,936.00 0.00 0.00 125,000.00 0.00 138,131.69 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 620 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 4 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 5/31/21 2020 October $678.59 0.58% November $1,138.23 1.56% December $4,289.31 5.24% January $91,384.54 82.85% February $459.42 83.24% March $18,353.63 98.83% April $525.34 99.28% May $0.00 99.28% June July August September YEAR TO YEAR COMPARISON • % 2019 VARIANCE $3,394.55 4.46% -3.88% $569.00 5.41% -3.85% $4,111.95 11.02% -5.78% $41,438.41 67.55% 15.30% $25.50 67.58% 15.66% $0.00 67.58% 31.25% $0.00 67.58% 31.70% $23,760.52 100.00% -0.72% MONTHLY COLLECTIONS 20201 20191 2018 I $0.00 $0.00 $0.00 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY. STE 620 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 5 ROCK PRAIRIE MANAGEMENT DISTRICT NO 2 MUNICIPAL TAX SERVICE,LLC FOR THE PERIOD ENDING 05/19/21 PLEDGED SECURITIES REPORT SECURITIES PLEDGED AT 105% OVER FDIC INSURED $250,000 COLLATERAL SECURITY AGREEMENT ON FILE : YES TAX BANK ACCOUNT HELD AT: WELLS FARGO / BANK OF NEW YORK MELLON COLLATERAL SECURITY REQUIRED: NO LEVY IS BELOW $250,000 FDIC TYPE OF PLEDGED INVESTMENT: IN COMPLIANCE WI DISTRICT INVESTMENT POLICY: YES B A MUNICIPAL TAX SERVICE 13333 NORTHWEST FREEWAY SUITE 620 HOUSTON TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 PS STATE OF TEXAS § COUNTY OF BRAZOS § Avik Bonnerjee, being duly sworn, says that he is the Tax Assessor -Collector for the above named District and the foregoing contains a true and correct report accounting for all taxes collected for said District during the month therein stated. Avik Bonnerjee, RTA SWORN TO AND SUBSCRIBED BEFORE ME, this Est day of June 2021. REBECCA LYNN BREWER Notary ID #1258819 7 My Commission Expires •� March 1, 2024 Lv 611. Rebecca Lynn Brewer Notary Public, State of Texas Notary ID #1258819 My Commission Expires March 1, 2024 PIONS C[NIRAI APPRRISA[ DISTRICT leo BRAZOS COUNTY, TEXAS WSI PENDLETON on ORYAlf.TX 77002446 Mr. Avik Bonnerjee Registered Texas Assessor Collector B&A Municipal Tax Service LLC 13333 Northwest Freeway, Suite 620 Houston, TX 77040 Mark W. Price Chief Appraiser (979)774-4100 (979)774-4196 Fax November 19, 2020 Rock Prairie Management District #2 STATEMENT Below are the quarterly payment amounts and due dates for the 2021 Brazos Central Appraisal District Operating Budget, as mandated by State Law. Section 6.06 State Property Tax Code states: "Unless the governing body of a unit and the chief appraiser agree to a different method of payment, each taxing unit shalt pay its allocation in four equal payments to be made at the end of each calendar quarter, and the first payment she be made before January 1 of the year in which the budget takes effect. A payment is delinquent if not paid an the date it is due. A delinquent payment incurs a penalty of 5 percent of the amount of the payment and accrues interest at an annual rate of 10 percent. If the budget is amended, any change in the amount of a unit's allocation is apportioned among the payments remaining." 15' Quarter due by December 31, 2020 $243.00 2"6 Quarter due by March 31., 2021 $243.00 3rd Quarter due by June 30, 2021 $243.00 4th Quarter due by September 30, 2021 $243.00 Total Allocation $972.00 Oaz6-e-na la 4 6 01-(;-1 McDonald & Wessendorff N S U R ANCE Rock Prairie Mgmt District #2 1300 Post Oak Blvd Ste 1400 Houston, TX 77056 Customer: Rock Prairie Mgmt District #2 Invoice Effective I Transaction 51705 07/11/2021 Renew policy McDonald & Wessendorff 611 Morton Street Richmond, TX 77469 Customer Acct # Date Customer Service Page Rock Prairie Mgmt District #2 74752 05/12/2021 Producer M WEXEC Katrina Thornhill 1 of 1 Payment Information invoice Summary Payrnent Amount PAY-merit'fot: TX 5103029 Plcase detach and return with payment Description Policy 1 TX 5103029 07/11/2021-07/11/2022 Merchants Bonding 2021 TAX BOND $ 50.00 invoice#51705 ✓ Thank You Payment is due within 30 days of the effective dale to avoid cancellation. Due Date: 7/11/2021 (281)342-2657 Date 06/12/2021 Amount 50.00 Total $ 50.00 Thank You MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DE5 MOINES. iowA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 CONTINUATION CERTIFICATE (to be filed with the obigee) TX5103020 $10,000 Tax Collector -Assessor aOND NO. AMOUNT DESCRIPTION OBLIGEE Rock Prairie Management District No. 2 MERCHANTS BONDING COMPANY (MUTUAL) hereby continues in force Bond for: PRINCIPAL Avik Bonnerjeedba B & A Municipal Tax Service DOA All Itabhity under this Continuation Certificate Is effective 07/11/2021 and terminates midnight 07/11/2022 This continuation is executed upon the express condition that the Company's liability under said Bond and this end all continuations thereof shall not be cumulative and shall in no event exceed in the aggregate the largest sing le amount named in the Bond, the endorsement attached thereto, or any continuation certificate. Witness the signature of its President under the corporate seal on May 1, 2021 .•■ G •••. �a, • �� � A..t,�.: MERCHANTS BONDING COMPANY (MUTUAL) q . sfl • ts4 J�'..c � Attest: .I—: _ -o- o= . • ter/ : a • 1933 r C: 7 Er 1 yj . •y'• '.c f c� %`�d• r'' f Secretary President CERTIFICATION i hereby certify that the following Is a true and correct copy of Section 1(b) and Section 1(d) of Article Vi of the Bylaws of Merchants Bonding Company (Mutual) duly adopted arid recorded towit Section 1(b)'The President, Secretary, or Treasurer or any Assistant Treasurer or any Assistant Secretary shalt have power and authority to execute on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of Indemnity and other writings obligatory In the nature thereof" and Section 1(d) "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.' I further certify that the following are duly elected officers of the Company: Larry Taylor. President; and Willlarn Warner, Jr., Secretary. iN TESTIMONY WHEREOF, I have hereunto set my hand as Preakfent and affix the Corporate Seal of the MERCHANTS BONDING COMPANY (MUTUAL) this 1st day of May 2021 Attest SUP 0012 (2/17) it • 1NG CO4,a . .•�4�O PO4 .1" 4.Z•.S.....2: in •Z":/4":"...st-.4....-" 0:/e--2-0.2-4.7.,‘, 7 d'//1--• : ▪ ...1.._... 1933 7.--: secretary • �d'ai' =\d:.• Pre ident On this 1st day of May 2021 before me appeared Larry Taylor, to me personally known, wito being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed En behalf of said Corporation by authority of its Board of Directors. Witnessed to and subscribed by me on May 1, 2021 ►, I44 S POLLY MASON o • diCommission Number 750576 • My Commission Expires nv,, . January 07, 2023 MERCHANTS BONDING COMPANY (MUTUAL) Pfri Vv\-4-3(Pet--) Notary Public 10331 MUNICIPAL TAX SERVICE, LLC Bill To Rock Prairie Management District No. 2 13333 Northwest Freeway Suite 620 Houston TX 77040 Invoice Date Invoice # 6/1/2021 MD2.113 Description Unit Count Rate Amount Avik Bonnerjee, RTA - Tax Assessor Collector Fee June 2021 518.00 518.00 2020 Additional Unit Count Invoiced 2021 160 0.90 144.00 Thank you for your business. Total -PA aK tIDci (0,1-0-1 $662.00 13333 Northwest Freeway, Suite 620 s Houston, TX 77040 m PH:713-900-2680 v www.bamunitax.com MUNJCIPAL TAX SERVICE, LLC Bill To Rock Prairie Management District No. 2 13333 Northwest Freeway Suite 620 Houston TX 77040 Invoice Date Invoice* 6/1/2021 MD2-114 Description Unit Count Rate Amount Copies Statement Mailing and Handling (DMR May Notices) Roll Update & Processing (April 2021) Records Retention Preparation of Delq. Atty. Electronic Files Meeting Travel Time/Mileage/Time (April 2021) Thank you for your business. 79 0.25 0.20 2.24 75.00 0.60 15.00 43.88 Total cr AID 6,1 --1 15.80 2.24 18.75 0.60 15.00 43.88 $96.27 13333 Northwest Freeway, Suite 620 Houston, TX 77040 a PH:713-900-2680 a www.bamunitax.com Jurisdiction: MD2 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Delinquent Tax Roll As of 5/31/2021 Page 1 6/2/2021 12:50 PM Account No/Name/Address 41380010020090 JIMENEZ PATSY D 953 TOLEDO BEND DR COLLEGE STATION, TX 77845-7277 Year Stmt Date Delp Date Code 2020 10l1 /2020 2l212021 41380010030060 VILIANUEVA NI SHEA & PATRICK JOEL 954 TOLEDO BEND DR COLLEGE STATION, TX 77845-7822 Year Stmt Date Delgq Date Code 2020 10/1/2020 21212021 434.10 0.00 Jurisdiction Totals (excludes Rollback Accounts] Year Tax Levy Base Taxes D 1 Penalties Due 2017 19,962.78 0.00 2018 49,461.25 0.00 2019 73,299.93 0.00 2020 117.676.84 847.78 847.78 Jurisdiction Rollback Accounts Totals Year Tax Levy Base Taxes Due 2017 5,306-29 0.00 2018 5.305.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Penalties Due 0.00 0.00 0.00 Cad No/Property Descr. 00000042632{1 Acreage: 0.18550 MIDTOWN RESERVE PH 100, BLOCK2, LOT 9, ACRES .1655 TOLEDO BEND DR Taxes Penalties Payments 413.68 0.00 0.00 Over 65 Veteran Installment Code Due May. 2021 Del. P81 Due 53.78 467.46 No No N Due Jun, 2021 Due Jul. 2021 Del. P&1 Due Del. P&I Due 62.05 476.73 172.09 585.77 000000428342 Acreage: 0.10870 Over 65 MIDTOWN RESERVE PH 100, BLOCK 3, LOT 6, ACRES Veteran .1087 Installment Code TOLEDO BEND DR No No N Due May. 2021 Due Jun. 2021 Taxes Penalties Pavr1kants Del. P&I Due Del. P&I Due 0.00 56.43 490.53 65.12 499.22 Due Jul. 2021 Del. P&l Due 180.59 614.69 Del. P&I Due Attv Fee Due EscrowAmt Total Due C o.00 o.00 0.00 0.00 ou0 o.00 0.00 o.00 0.00 0 o.00 o.00 o.00 o.00 a 110.21 0.00 0.00 957.99 2 110.21 0.00 0.00 957.99 2 Del. P&4 Due Atty Fee Due Escrow Amt Total Due Count 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0 % Collected 100.00% 100.00% 100.00% 99.28% 100.00% 100.00% Report Prepared by B&A Municipal Tax www.bamunitaxcom EXHIBIT "C" EHRA ENGINEERING THE FUTURE SINCE 1936 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 ENGINEERING REPORT JUNE 2021 Engineering Report, including: TBPE No. F-726 TBPLS No. 10092300 a. Authorize the design and/or advertisement of bids for construction of facilities within the District and approval of related storm water plans, including District. 1. Status of design of Lakeway Drive Reserve, Phase 200 Board Action: None. b. Authorize the award of/or concurrence in award of contracts for the construction of facilities within the District, authorizing acceptance of Texas Ethics Commissions ("TEC") Form 1295 and approval of any storm water permits. Board Action: None. EHRA Engineering 110011 Meadowglen Lane I Houston, lexas 77042 I t 713.784.4500 I f 713.784.4577 Rock Prairie Management District No. 2 June 2021 Page 2 c. Status of construction of facilities to serve land within the District, including the approval of any pay estimates and change orders and authorize acceptance of TEC Form 1295, including: 1. Irrigation of Phase I Park Development by Green Teams, Inc. Contractor Contract Days Approved Extensions Contract Completion Date Contract Bid Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Total Contract Amount Pay Request No. 1 Pay Request No. 2 Total Pay Requests Remaining on Contract Green Teams, Inc. 45 0 5/10/2020 5435,305.00 $5,760.00 $5,756.00 516 400,00 $463,221.00 $231,304.50 S157.208.40 $388,512.90 $74,708.10 Construction is substantially complete. Board Action: None. days days Date Annroved 3/27/2020 9/10/2020 9/10/2020 9/10/2020 7/9/2020 9/10/2020 2. Midtown Reserve, Phase 106 by Greens Prairie Investors, Ltd. Contractor Contract Days Approved Extensions Contract Completion Date Contract Bid Amount Total Contract Amount Total Pay Requests Remaining on Contract Board Action: None. Greens Prairie Investors, Ltd. 160 0 S604.947.80 S684,947.80 $0.00 $684,947.80 days days Comment Notice to Proceed Issued Sleeves & Meter Sieves & Irr. Heads Bore Under Road 16.13% of Contract Remaining Date Approved Comment 100.00° n of Contract Remaining EHRA C IJDA Cnninaorinn 11/1/111 A4ovinum ion 1 ,no 1 I1, Thn Tovlr 77(1A) I 1 711 7RA AR(i(1 1 ( 711 7RA AC77 ENnINFFRINn THE FUTURE Rock Prairie Management District No. 2 June 2021 Page 3 3. Midtown Reserve, Phase 107 by Greens Prairie Investors, Ltd. Contractor Greens Prairie Investors, Ltd. Contract Days 120 days Approved Extensions 0 days Contract Completion Date Date Annroved Comment Contract Bid Amount V28 238.70 Total Contract Amount $728,238.70 Total Pay Requests $0.00 Remaining on Contract $728,238.70 100.00% of Contract Remaining Board Action: None. d. Acceptance of site and/or easement conveyances for facilities to be constructed for the District and acceptance of facilities for operation and maintenance purposes. Board Action: None. e. Status of acceptance by the City of College Station, Texas for maintenance of streets. 1. Town Lake Drive, formerly Bird Pond Road. Board Action: None. EHRA CLIDA Cnninoorinn 1 1f1111 I 11o3dr r,lon 1 ono 1 Wm icInn Tovx 7711A1 1 1717 7RA ACM 1 f 71'2 7RA AC77 ENGINEERING THE FUTURF EXHIBIT "D" ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Order Adding Land and Redefining the Boundaries of the District RETURN TO: Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard Suite 1400 Houston, Texas 77056 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Order Adding Land and Redefining the Boundaries of District We, the undersigned officers of the Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the "District"), hereby certify as follows: The Board, composed as follows: Uri Geva, President Hays Glover, Vice -President Logan Lee, Assistant Vice President Mark Lindemulder, Secretary Samuel "Kit" Kerbel, Assistant Secretary met in regular session, open to the public, on June 10, 2021, via telephone conference call pursuant to Texas Government Code, Section 551.125, as amended, and as modified by the temporary suspension of various provisions thereof effective March 16, 2020, by the Governor of Texas in accordance with the Texas Disaster Act of 1975, all as related to the Governor's proclamation on March 13, 2020, certifying that the COVID-19 pandemic poses an imminent threat of disaster and declaring a state of disaster for all counties in Texas, and all of the members of the Board were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at such meeting: Director introduced the order set out below and moved its adoption, which motion was seconded by Director , with Directors Geva, Glover, Lindemulder, Kerbel and Lee voting "aye" and no one voting "no", the order thus adopted being as follows: Whereas, College Station Downtown Residential, LLC, a Texas limited liability company (hereinafter referred to as "CSDR"), has filed with and duly submitted to the Board a Petition dated January 12, 2021, a copy of which is attached hereto as Exhibit "1" (the "CSDR Petition"), praying that 29.16 acres of land, more or less, owned by, and title to which is in, College Station Downtown Residential, LLC, be added to and become a part of the District, as provided by Section 375.043, Texas Local Government Code, and the Texas Water Code, as amended, which land is described by metes and bounds in Exhibit "A" to Exhibit "1" attached hereto and incorporated herein for all purposes. Whereas, the lands described in the CSDR Petition as hereinabove set forth lie wholly within Brazos County, Texas; none of said lands are within the boundaries of any conservation district created pursuant to Article XVI, Section 59, or Article III, Section 52, of the Constitution of Texas; said lands are wholly within the corporate limits of the City of College Station and the City of College Station has given its consent to the annexation of said lands by Resolution No. 03-11-21-3.9, passed on March 11, 2021. Whereas, the CSDR Petition and the evidence thereof were duly heard and fully considered by the Board, from which it duly appears, and the Board specifically finds, as follows: The CSDR Petition describes the lands sought to be added by metes and bounds, is signed and executed in the same manner provided by law for the conveyance of real estate, is in proper form, and meets all legal requirements. The addition to the District of said lands is feasible, practicable and to the advantage of the District and further would be to the advantage of the lands to be added and to the owners thereof and to the future owners and residents thereof. The water, sewer and drainage system and other improvements of the District are or will be sufficient to supply all of the lands to be added with water, sewer service and drainage without injury to the lands already within the District. All legal requirements have been met and established at this hearing for the addition to the District of the lands described in Exhibit "A" to Exhibit "1" attached hereto. NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2, as follows: Section 1. The facts and findings set forth in the recitals hereof are true and correct and made a part of this Order. -2- 588472_2 Section 2. The CSDR Petition is hereby granted in all respects. The above described tract of land is hereby added to and shall be and become a part of the District and same is hereby made a part of the District in all respects, as provided by law. Section 3. This Order, including the CSDR Petition, shall be filed for record and be recorded in the Office of the County Clerk of Brazos County, Texas. Section 4. The President or Vice President is authorized to execute, and the Secretary or Assistant Secretary to attest, this Order on behalf of the Board and the District, and the President or Vice President is authorized to do all other things proper or necessary in connection with the addition of said lands to the District. Section 5. The District's attorneys are hereby authorized and directed to prepare and submit to the United States Department of Justice a request for preclearance under Section 5 of the Voting Rights Act of 1965, as amended, federal regulations promulgated thereunder, and court rulings issued with respect thereto, only if and to the extent that said attorneys determine that said Act is effective as to the District and that this Order adopts a change affecting voting that requires such preclearance. Section 6. It is proper and will be a convenience for the Board to redefine at this time the area and boundaries of the District so as to reflect the addition of the lands described in the CSDR Petition, thus setting forth a perimeter description of the District, as enlarged by this Order. Therefore, the District's area and boundaries, as same exist upon and immediately after said addition, be and the same are hereby redefined, declared and described in Exhibit "2" attached hereto and incorporated herein for all purposes. Section 7. The District's attorneys are hereby authorized and directed, within ninety (90) days of the date of this Order, to provide the perimeter description of the District attached hereto as Exhibit "2" to each municipality that overlaps any portion of the District or is adjacent to the District. 588472_2 Passed, ordered and entered this loth day of June, 2021. ATTEST: S%.40 iti#card or 'rectors =~: x i s -4- 588472 2 President, Board of Directors THE STATE OF TEXAS § COUNTY OF BRAZOS § Before me, the undersigned authority, on this day personally appeared Uri Geva, President of the Board of Directors of Rock Prairie Management District No. 2 and Mark Lindemulder, Secretary of said Board, who, upon their oaths stated that they are President and Secretary, respectively, of said Board; that the foregoing Order was passed and entered by said Board as shown therein; and that said President was duly authorized to execute and said Secretary to attest same; and said President acknowledged to me that he is the President of said District; that said instrument was the act of said District, that he executed same as the act and deed of said District for the purposes and consideration therein expressed, and in the capacity therein stated, and that the meeting at which said Order was passed and entered by the Board was held in compliance with Chapter 551, Texas Government Code, Vernon's Texas Civil Statutes, as amended, and Section 49.063, Texas Water Code, as amended. Witness my hand and the seal of office, this the loth day of June, 2021. -QUA M, K!ME iCi'R' !I..i �yCn ;1,orai tiY:" 29, aO22 588472 2 -5- , State of Texas EXHIBIT "1" PETITION FOR ADDITION OF CERTAIN LAND TO ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 THE STATE OF TEXAS § § COUNTY OF BRAZOS § TO THE HONORABLE BOARD OF DIRECTORS OF ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2: The undersigned, hereinafter called Petitioner (whether one or more), as owner of title to the land hereinafter described and acting pursuant to the provisions of Section 3909.110, Special District Local Laws Code, and Chapter 49, Texas Water Code, particularly Section 49.301 of the Code, together with all amendments and additions thereto, respectfully petitions and requests the Board of Directors of Rock Prairie Management District No. 2 (hereinafter the "District"), to add to and include within the boundaries of the District an area of approximately 29.16 acres situated wholly within Brazos County, Texas, and accurately described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes (hereinafter the "Property"). In support of this Petition, Petitioner represents, covenants and agrees, as follows: I. The Petitioner is vested with fee simple title and full ownership of the Property. II. The Property is within the corporate limits of the City of College Station, Texas and is not within such jurisdiction of any other city. Petitioner represents and warrants that there are no holders of liens on or against the Property. IV. Petitioner alleges that the addition of said Property to the District is feasible and practicable and would be to the advantage of the District, and would be of benefit and to the advantage of the Property and all taxable improvements and personal property located thereon. Petitioner further alleges that the District's present and future water, sanitary sewer and storm drainage systems, recreational facilities, roadways, and other improvements and programs of the District as may be authorized by Chapter 3909, Special District Local Laws Code, Chapter 49 and Chapter 54, Texas Water Code, Chapter 375, Texas Local Government Code, and such other general or special laws of the State of Texas applicable to the District are sufficient or will be sufficient to serve the Property without injuring lands already within the District. V. Petitioner, its successors and assigns agree to comply with the terms, conditions and provisions of the District's rules, regulations and policies for the provision of the District services, as amended from time to time, to prohibit the use of District services by, through or across the Property to any land or premises outside the Property without the prior written consent of the District, and to make available to the District, in accordance with the rules of the Texas Commission on Environmental Quality, such easements, sites, and rights -of -way of standard location and size as may be necessary, if any, to permit the District to provide water, sanitary sewer and storm drainage works, facilities and services to or adjacent to the Property. VI. Petitioner hereby certifies that there are no qualified voters residing within the boundaries of the Property. VII. This Petition shall constitute an election on the part of Petitioner, its successors and assigns, for the Property and any taxable improvements and personal property which are now or may hereafter be constructed or placed thereon to become liable for all present and future debts and taxes of the District in the same manner and to the same extent as other lands and personal property in the District are liable for the District's debts and taxes. This Petition shall be considered further an election and authorization by Petitioner, its successors and assigns, for the Board of Directors of the District to issue and sell the remainder of bonds heretofore or hereafter authorized to be issued by voters within the District (but as of the date hereof unissued), for the purposes and upon the terms and conditions such bonds were voted, in one or more installments or series, at a future date or dates, when in the Board's judgment, such amounts are required for the authorized purposes. VIII. Petitioner elects, accepts, assumes and acknowledges the right, power, duty and necessity of the District to assess, levy and collect taxes on and against the Property and all taxable improvements and personal property thereon for the payment of any bonds, notes or other obligations payable in whole or in part from taxation which may be owed, contracted or authorized by the District, or any taxes levied for or in anticipation of the payment of any such outstanding indebtedness which may be owed, contracted or authorized by District. -2- 573184_2 IX. Petitioner is aware that an election has been held within the District to authorize the Board of Directors to levy and collect maintenance taxes against all taxable improvements and personal property within the District to secure funds for maintenance purposes. Petitioner elects, accepts, assumes and acknowledges the right, power, duty and necessity of the District to assess, levy and collect maintenance taxes on and against the Property and all taxable improvements and personal property thereon. X. For and in consideration of the addition of the Property to the District, Petitioner agrees that all agreements, stipulations and covenants stated herein shall become fixed with the Property, shall run with the Property and shall be binding on Petitioner and Petitioner's successors and assigns. WHEREFORE, Petitioner prays as follows: That this Petition be granted in all respects; that, subject to the required consent of the City of College Station, Texas, the Property described in Exhibit "A" hereto be added to and become a part of said established District as provided by law and particularly by the provisions of the Texas Water Code, as amended; that after this Petition is granted that it and the Board's action hereon be filed of record and recorded in the office of the County Clerk of Brazos County, Texas; and that Petitioner have any other relief to which Petitioner may be entitled. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -3- 573184_2 IITNESS WHEREFORE, Petitioner has executed this Petition on this the ja2� day of [st.�-. THE STATE OF TEXAS COUNTY OF BRAZOS COLLEGE STATION DOWNTOWN RESIDENTIAL, LLC, a Texas limited liability company By: GREENS PRAIRIE INVESTORS, LTD., a Texas limited partnership, its Manager By: GREENS PRAIRIE ASSOCIATES LLC, a Texas limited liability company, its General Partner By: Name: Ct.® Title: Petitioner This instr met was acknow[ed e before me on this 02/ day of J 20zt, by I� ILij j Q[ . i Ltt, of Greens Prairi' Associates LLC, a Texas limited iability company Ad General Partner of Greens Prairie Investors, Ltd., a Texas limited partnership and Manager of College Station Downtown Residential, LLC, a Texas limited liability company, on behalf of said entities. V104.1 HiLLER7 Notary ID #11257187 My Commission Expires July 18.2021 (SEAL) 573184_2 -4- Notary Public in and for the State ofTEXAS Exhibit "A" METES AND BOUNDS DESCRIPTION 29.16 ACRES (TRACT 3) IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9 BRAZOS COUNTY, TEXAS A 29.16 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARUTHERS LEAGUE, A-9, BRAZOS COUNTY, TEXAS, OUT OF A CALLED 13.95 ACRE TRACT AND OUT OF A CALLED 19.352 ACRE TRACT AS DESCRIBED AND RECORDED IN VOLUME 16558, PAGE 80 OF THE BRAZOS COUNTY DEED RECORDS (B.C.D.R.); SAID 29.16 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): BEGINNING at a capped 1/2-inch iron rod stamped "Mayo 5045" found at the southeast corner of Rock Prairie Baptist Church, a subdivision of record in Volume 7312, Page 207 B.C.D.R. and being a northeasterly corner of the remainder of a called 231.97 acre tract described in deed and recorded in Volume 10600, Page 156 B.C.D.R. from which a capped 1/2-inch iron rod stamped "Kerr 4502" found at the southwest corner of said Rock Prairie Baptist Church; (1) THENCE, North 20°21'S1" West, with the easterly line of said Rock Prairie Baptist Church, a distance of 630.98 feet to a point in the southerly right-of-way line of Rock Prairie Road (width varies); (2) THENCE, South 82°06'14" East, with the southerly right-of-way line of said Rock Prairie Road, a distance of 44.49 feet to a point for corner; (3) THENCE, South 07°53'46" West, a distance of 26.99' to a point for corner; (4) THENCE, South 41°25'33" East a distance of 93.48' to a point for corner; (5) THENCE, South 20°21'51" East a distance of 629.27' to a point for corner; (6) THENCE, North 81°26'51" East a distance of 101.47' to a point of curvature to the left; (7) THENCE, with said curve to the left having a radius of 470.00', an arc length of 136.13', a central angle of 16°35'42" and having a chord bearing of North 73°09'00" East and distance of 135.65' to a point in the southerly line of a called 2.996 acre tract described in deed and recorded in Volume 10990, Page 21 B.C.D.R.; (8) THENCE, South 77°24'39" East, with the southerly line of said 2.996 acre tract, a distance of 94.28 feet to the southeast corner of said 2.996 acre tract and the southwest corner of a called 1.9035 acre tract as described in deed and recorded in Volume 13349, Page 138 B.C.D.R.; (9) THENCE, South 77°16'36" East, with the southerly line of said 1.9035 acre tract, a distance of 152.75 feet to the southeast corner of said 1.9035 acre tract; (10) THENCE, North 12°44'05" East, with the easterly line of said 1.9035 acre tract, a distance of 544.55 feet to a point in the southerly right-of-way line of said Rock Prairie Road; Page 1of2 29.16 ACRES T. Caruthers, A-9 (11) THENCE, South 77°01'02" East, with the southerly right-of-way line of said Rock Prairie Road, a distance of 398.73 feet to a point in the westerly line of the residue of a called 19.69 acre tract as described in deed and recorded in Volume 10745, Page 153 B.C.D.R.; (12) THENCE, South 23°07'46" West, with the westerly line of said 19.69 acre tract, a distance of 524.09 feet to an angle point in the westerly line of said 19.69 acre tract; (13) THENCE, South 43°29'39" West, continuing with the westerly line of said 19.69 acre tract, a distance of 1922.15 feet to a 1/2-inch iron rod found at the westerly corner of said 19.69 acre tract and the southerly line of said 19.352 acre tract; (14) THENCE, North 48°17'01" West, with the southerly line of said 19.352 acre tract, a distance of 250.65 feet to a 1/2-inch iron rod found at the common southerly corner of said 19.352 acre tract and said 13.95 acre tract; (15) THENCE, North 48°02'02" West, a distance of 341.48 feet to an internal angle in the easterly line of said 231.97 acre tract an the westerly corner of said 13.95 acre tract; (16) THENCE, North 41°51'55" East, with an easterly line of said 231.97 acre tract, a distance of 1,390.07 feet to an angle point in an easterly line of said 231.97 acre tract; (17) THENCE, North 20°23'16" West, continuing with an easterly line of said 231.97 acre tract, a distance of 112.62 feet to the POINT OF BEGINNING and containing 29.16 Acres of land. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. EDMINSTER, HINSHAW, RUSS & ASSOCIATES, INC. d/b/a EHRA Charles KennedyJr., F.L.S. Texas Registration No. 5708 10011 Meadowglen Lane Houston, Texas 77042 713-784-4500 TBPLS 10092300 Date: Job No: File No: l• CHAR_ES EI\NED1 JR e,e .,, • ° 53 70c :g14, Y -,e •aP L7- 1 } ''' ; sae _' �Ok 06/01/2021 151-068-00 R:\2015\151-068-00\Dots\Description\Boundary\RockPrairie_MD_No2-tract 3(29ac).doc Page 2 of 2 Exhibit "2" METES AND BOUNDS DESCRIPTION 299.74 ACRES IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9 AND ROBERT STEVENSON LEAGUE, A-54 BRAZOS COUNTY, TEXAS TRACT 1 A 267.77 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARUTHERS LEAGUE, A-9 AND IN THE ROBERT STEVENSON LEAGUE, A-54, BRAZOS COUNTY, TEXAS, OUT OF A CALLED 231.97 ACRE TRACT AS DESCRIBED AND RECORDED IN VOLUME 10600, PAGE 156 OF THE BRAZOS COUNTY DEED RECORDS (B.C.D.R.), OUT OF A CALLED 10.35 ACRE TRACT DESCRIBED IN DEED AND RECORDED IN VOLUME 15246, PAGE 47 B.C.D.R. AND OUT OF THE ORIGINAL 25.79 ACRE TRACT DESCRIBED IN DEED AND RECORDED IN VOLUME 10459, PAGE 34 B.C.D.R.; SAID 267.77 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): BEGINNING at a capped 1/2-inch iron rod stamped "Mayo 5045" found at the southeast corner of Rock Prairie Baptist Church a subdivision of record in Volume 7312, Page 207 B.C.D.R. and being in the westerly line of a called 13.95 acre tract as described by deed and recorded in Volume 16558, Page 80 B.C.D.R.; (1) THENCE, South 20°23'16" East, with the westerly line of said 13.95 acre tract, a distance of 112.62 feet to an angle point in the westerly line of said 13.95 acre tract; (2) THENCE, South 41°51'55" West, continuing with the westerly line of said 13.95 acre tract, a distance of 1,390.07 feet to the southwest corner of said 13.95 acre tract; (3) THENCE, South 48°02'02" East, with the southerly line of said 13.95 acre tract, a distance of 341.48 feet to a 1/2-inch iron rod found at the southeast corner of said 13.95 acre tract and the southwest corner of a called 19.352 acre tract as described in deed and recorded in Volume 16558, Page 80 B.C.D.R.; (4) THENCE, South 48°17'01" East, with the southerly line of said 19.352 acre tract, a distance of 250.65 feet to a 1/2-inch iron rod found at the southeast corner of said 19.352 acre tract and the southwest corner of residue of a called 19.69 acre tract described by deed and recorded in Volume 10745, Page 153 B.C.D.R.; (5) THENCE, South 48°35'09" East, with the southerly line of said 19.69 acre tract, a distance of 437.42 feet to a 1/2-inch iron rod found at the southeast corner of said 19.69 acre tract and in the northwesterly line of a called 100.64 acre tract as described in deed and recorded in Volume 6927, Page 226 B.C.D.R.; (6) THENCE, South 77°55'55" West, with the northwesterly line of said 100.64 acre tract, a distance of 2,980.10 feet to a point for corner; (7) THENCE, North 68°42'56" West, a distance of 189.31 feet to a point for corner; Page 1 of 5 Rock Prairie Management District No. 2 (8) THENCE, North 56°54'36" West, a distance of 108.66 feet to a point for corner; (9) THENCE, North 47°58'11" West, a distance of 372.04 feet to a point for corner; (10) THENCE, North 47°52'01" West, a distance of 828.48 feet to a point for corner; (11) THENCE, North 48°14'35" West, a distance of 163.14 feet to a point for corner; (12) THENCE, North 47°03'10" West, a distance of 129.80 feet to a point for corner; (13) THENCE, North 46°26'14" West, a distance of 911.98 feet to a point in the easterly line of Scott & White Healthcare Subdivision as recorded in Document No. 01092162 of the Brazos County Plat Records; (14) THENCE, North 50°49'42" East, with the easterly line of said Scott & White Healthcare Subdivision, a distance of 927.83 feet to an angle point in said easterly line; (15) THENCE, North 02°43'03" West, continue with the easterly line of said Scott & White Healthcare Subdivision, a distance of 1,017.00 feet to the northeast corner of said Scott & White Healthcare Subdivision and being in the southerly right-of-way line of Rock Prairie Road (width varies); THENCE, with the southerly right-of-way line of said Rock Prairie Road the following seven courses and distances: (16) South 87°39'43" East, a distance of 406.63 feet to an angle point; (17) South 86'27'34" East, at a distance of 746.19 feet pass a found capped iron rod stamped "Kerr 4502", continue a total distance of 1,349.46 feet to a capped 1/2-inch iron rod stamped "Kerr 4502" found for an angle point; South 85°01'50" East, a distance of 1,226.55 feet to a capped 1/2-inch iron rod stamped "Kerr 4502" found for an angle point; South 84°23'35" East, a distance of 70.89 feet to a capped 1/2-inch iron rod stamped "Kerr 4502" found for an angle point; North 00°40'34" West, a distance of 1.51 feet to a capped 1/2-inch iron rod stamped "Kerr 4502" found for an angle point; South 84°23'35" East, a distance of 543.05 feet to a capped 1/2-inch iron rod stamped "Kerr4502" found for an angle point; South 82°03'38" East, a distance of 195.36 feet to a capped 1/2-inch iron rod stamped "Kerr 4502" found at the northwest corner of the aforementioned Rock Prairie Baptist Church; Page 2 of 5 Rock Prairie Management District No. 2 (23) THENCE, South 07°58'42" West, with the westerly line of said Rock Prairie Baptist Church, a distance of 528.64 feet to a capped 1/2-inch iron rod stamped "Kerr 4502" found for the southwest corner of said Rock Prairie Baptist Church; (24) THENCE, South 82°01'39" East, with the southerly line of said Rock Prairie Baptist Church, a distance of 698.85 feet to the POINT OF BEGINNING and containing 267.77 Acres of land. TRACT 2 A 2.81 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARUTHERS LEAGUE, A-9 BRAZOS COUNTY, TEXAS, PART OF A CALLED 2.996 ACRE TRACT AS DESCRIBED AND RECORDED IN VOLUME 10990, PAGE 21 OF THE BRAZOS COUNTY DEED RECORDS (B.C.D.R.); SAID 2.81 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): BEGINNING at the southwest corner of a called 1.9035 acre tract recorded in Volume 13349, Page 138 B.C.D.R.; (1) THENCE, North 77°24'39" West, a distance of 169.22 feet to the southwest corner of said 2.996 acre tract and in the easterly line of a called 13.95 acre tract described in deed and recorded in Volume 16558, Page 80 B.C.D.R.; (2) THENCE, North 00°43'03" West, with the easterly line of said 13.95 acre tract, a distance of 528.93 feet to the southerly right-of-way line of Rock Prairie Road (width varies); (3) THENCE, South 82°02'02" East, with the southerly right-of-way line of said Rock Prairie Road, a distance of 293.22 feet to a point for corner; (4) THENCE, South 12°43'40" West, a distance of 538.36 feet to the POINT OF BEGINNING and containing 2.81 acres of land. TRACT 3 A 29.16 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARUTHERS LEAGUE, A-9, BRAZOS COUNTY, TEXAS, OUT OF A CALLED 13.95 ACRE TRACT AND OUT OF A CALLED 19.352 ACRE TRACT AS DESCRIBED AND RECORDED IN VOLUME 16558, PAGE 80 OF THE BRAZOS COUNTY DEED RECORDS (B.C.D.R.); SAID 29.16 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): Page 3 of 5 Rock Prairie Management District No. 2 BEGINNING at a capped 1/2-inch iron rod stamped "Mayo 5045" found at the southeast corner of Rock Prairie Baptist Church, a subdivision of record in Volume 7312, Page 207 B.C.D.R. and being a northeasterly corner of the remainder of a called 231.97 acre tract described in deed and recorded in Volume 10600, Page 156 B.C.D.R. from which a capped 1/2-inch iron rod stamped "Kerr 4502" found at the southwest corner of said Rock Prairie Baptist Church; (1) THENCE, North 20°21'51" West, with the easterly line of said Rock Prairie Baptist Church, a distance of 630.98 feet to a point in the southerly right-of-way line of Rock Prairie Road (width varies); (2) THENCE, South 82°06'14" East, with the southerly right-of-way line of said Rock Prairie Road, a distance of 44.49 feet to a point for corner; (3) THENCE, South 07°53'46" West, a distance of 26.99' to a point for corner; (4) THENCE, South 41°25'33" East a distance of 93.48' to a point for corner; (5) THENCE, South 20°21'51" East a distance of 629.27' to a point for corner; (6) THENCE, North 81°26'51" East a distance of 101.47' to a point of curvature to the left; (7) THENCE, with said curve to the left having a radius of 470.00', an arc length of 136.13', a central angle of 16°35'42" and having a chord bearing of North 73°09'00" East and distance of 135.65' to a point in the southerly line of a called 2.996 acre tract described in deed and recorded in Volume 10990, Page 21 B.C.D.R.; (8) THENCE, South 77°24'39" East, with the southerly line of said 2.996 acre tract, a distance of 94.28 feet to the southeast corner of said 2.996 acre tract and the southwest corner of a called 1.9035 acre tract as described in deed and recorded in Volume 13349, Page 138 B.C.D.R.; (9) THENCE, South 77°16'36" East, with the southerly line of said 1.9035 acre tract, a distance of 152.75 feet to the southeast corner of said 1.9035 acre tract; (10) THENCE, North 12°44'05" East, with the easterly line of said 1.9035 acre tract, a distance of 544.55 feet to a point in the southerly right-of-way line of said Rock Prairie Road; (11) THENCE, South 77°01'02" East, with the southerly right-of-way line of said Rock Prairie Road, a distance of 398.73 feet to a point in the westerly line of the residue of a called 19.69 acre tract as described in deed and recorded in Volume 10745, Page 153 B.C.D.R.; (12) THENCE, South 23°07'46" West, with the westerly line of said 19.69 acre tract, a distance of 524.09 feet to an angle point in the westerly line of said 19.69 acre tract; (13) THENCE, South 43°29'39" West, continuing with the westerly line of said 19.69 acre tract, a distance of 1922.15 feet to a 1/2-inch iron rod found at the westerly corner of said 19.69 acre tract and the southerly line of said 19.352 acre tract; Page 4of5 Rock Prairie Management District No. 2 (14) THENCE, North 48°17'01" West, with the southerly line of said 19.352 acre tract, a distance of 250.65 feet to a 1/2-inch iron rod found at the common southerly corner of said 19.352 acre tract and said 13.95 acre tract; (15) THENCE, North 48°02'02" West, a distance of 341.48 feet to an internal angle in the easterly line of said 231.97 acre tract an the westerly corner of said 13.95 acre tract; (16) THENCE, North 41°51'55" East, with an easterly line of said 231.97 acre tract, a distance of 1,390.07 feet to an angle point in an easterly line of said 231.97 acre tract; (17) THENCE, North 20°23'16" West, continuing with an easterly line of said 231.97 acre tract, a distance of 112.62 feet to the POINT OF BEGINNING and containing 29.16 Acres of land. FOR A TOTAL ACREAGE OF 299.74 ACRES. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. EDMINSTER, HINSHAW, RUSS & ASSOCIATES, INC. d/b/a EHRA Charles KennedyJr., F.L.S. Texas Registration No. 5708 10555 Westoffice Drive Houston, Texas 77042 713-784-4500 TBPLS 10092300 Date: Job No: File No: 06/01/2021 151-068-00 R:\2015\151-068-00\Docs\Description\Boundary\RockPrairie_MD_No2-boundary(300ac).doc Page 5 of 5