R-04-09-09-11B1 - 9/9/2004 RESOLUTION NO. R-04-09-09-11 B 1
A RESOLUTION CONSENTING TO THE ADDITION OF
5.176 ACRES OF LAND TO WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 11 FOR
INCLUSION IN SAID DISTRICT.
WHEREAS, attached to this resolution and made a part hereof
is a petition requesting the consent of the City of Round Rock,
Texas, to the annexation of 5 . 176 acres of land into Williamson
County Municipal Utility District No. 11, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Petition for Addition of Certain Land into Williamson
County Municipal Utility District No. 11, attached hereto as Exhibit
"A" and incorporated herein, is hereby granted, and the City consents
to the annexation of the property described in said petition into the
Williamson County Municipal Utility District No. 11.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 9th day of September, 2004 .
Y LL, Mayo
ST:
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret .y
PETITION FOR ADDITION OF CERTAIN LAND INTO
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 11
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
TO: THE BOARD OF DIRECTORS OF WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 11:
NNP-Teravista, a Texas limited partnership, and Williamson County, Texas the
owners of the land hereinafter described (the "Petitioners"), acting pursuant to the
provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f)
together with all amendments and additions thereto,petitions this Honorable Board to add
the land described by metes and bounds in Exhibit "A" attached hereto(the"Land")to the
District, and in support of this petition the Petitioners represent, covenant and agree as
follows:
Section 1: The Land lies entirely within Williamson County, Texas, is in the
vicinity of the District, and is accurately described by metes and bounds in Exhibit "A,"
attached hereto and incorporated herein for all purposes.
Section 2: Petitioners hold fee simple title to and full ownership of all the Land,
as indicated by the certificates of ownership provided by the Williamson County Appraisal
District.
Section 3: All of the Land is within the extra territorial jurisdiction of the City of
Round Rock, Texas (as such term is defined in Texas Local Government Code Section
42.001 et sed., as amended).
Section 4: The addition of the Land to the District is feasible,practical and to the
advantage of the District, and the water, sewer and drainage systems and other
improvements of the District are sufficient or will be sufficient to supply the added Land
without injuring the land already within the District.
Section 5: This petition shall constitute an election on the part of the Petitioners,
their successors and assigns, for the Land and any improvements that are now or may
hereafter be constructed thereon, to become liable for all present and future debts of the
District in the same manner and to the same extent as other lands and improvements in the
District are liable for the District's debts.
El
IBIT
30071
Section 6: Without limiting the generality of Section 5 above, the Petitioners
hereby agree that the Land, and all improvements thereon presently existing or to be
constructed,hereby assume their share of liability for the payment of any and all bonds or
other obligations of the District: (i) that are currently outstanding or hereafter issued;and
(ii) that are currently or hereafter voted but unissued. Petitioners also hereby agree that the
Land,and all improvements thereon presently existing or to be constructed,shall be taxed
equally with all other property in the District. The Petitioners acknowledge, consent to,
and affirmatively request the assumption by the Land of a pro rata share of all obligations
of the District, and of the taxes levied or hereafter to be levied by the District.
Section 7: This petition shall further be considered as consent and authorization
of the Petitioners,their successors and assigns,for all the Land and all improvements now
existing or to be constructed thereon, to be taxed uniformly and equally on an ad valorem
basis with all other taxable property within the District for: (1) the payment of principal of
and interest on any and all of the District's outstanding unlimited tax bonds and unlimited
tax refunding bonds; (2) the payment of principal of and interest on any and all of the
District's unissued bonds that have been or may hereafter be authorized by the voters;(3) a
maintenance tax not to exceed the amount per $100 of assessed valuation that has been
heretofore authorized by the voters or as may hereafter be authorized by the voters; and
(4) all other purposes for which the District may lawfully levy taxes.
Section 8: The Petitioners hereby certify that there are no qualified voters
residing on the Land.
Section 9: The Petitioners hereby certify that there are no lienholders on the
Land.
WHEREFORE, the Petitioners pray that this Petition be granted; that the Land be
added to and become a part of the District; and that this Petition, if granted, be filed for
record and be recorded in the Official Records of Williamson County,Texas,and filed with
the Texas Commission on Environmental Quality.
[EXECUTION PAGES FOLLOW)
30071 -2 -
RESPECTFULLY SUBMITTED this 4 day of May, 2004.
PETITIONERS:
NNP-TERAVISTA, LP,
a Texas limited partnership
By: NNP-TV Communities, LP,
a Texas limited partnership
its general partner
By: NNP-TV Management, LLC,
a Delaware limited liability 'mpany
its general partner
By: �
Name: i al SRA C wENDIN
Title: VICE PRESIDENT
By.
Name: 7 e
Title:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this ZLdl ay of 2004,
G r fin/ r of NNP-TV Management,
LLC, a Delaware limited liability company, on behalf of said company in its capacity as
general partner of NNP-TV Communities,LP,a Texas limited partnership,in its capacity as
general partner of NNP-TERAVISTA, LP, a Texas limited partnership, on behalf of said
company and limited partnership.
SAY A•�
JANICE DEES STONE
Notary Public,State of Texas
=y_ My Commission Expires
November 26,2004 Notary Public, State of Texas
(NOTARY SEAL)
30071 - 3
THE STATE OF CALIFORNIA §
COUNTY OF SAN DIEGO §
This instrument was acknowledged before me on thisday of 2004
by LAURA C Nblmr, iA
of NNP-4tt%g ,
LLC, a Delaware limited liability company, on behalf of said company in its capacity as
general partner of NNP-TV Communities,LP,a Texas limited partnership,in its capacity as
general partner of NNP-TERAVISTA, LP, a Texas limited partnership, on behalf of said
company and limited partnership.
No ry Publi , State of California
(NOTARY SEAL)
_� �° �•MILLER
z
Co. russion#1418520
z ; Noicr 'ublic-C01ifon iia
Sur .;sego County
s rrn.Expires MCI
30071
-4-
WILLIAMSON COUNTY, TEXAS
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2004, by as
of Williamson
County, Texas, on behalf of
Notary Public, State of Texas
(NOTARY SEAL)
30071
EXHIBIT Al
5 . 176 ACRES FN. NO. 04-068 (MM)
CHANDLER ROAD ANNEXATION MARCH 15, 2004
NEWLAND COMMUNITIES BPI JOB NO. 1149-25 . 97
DESCRIPTION
OF A 5 . 176 ACRE TRACT OF LAND OUT OF THE BARNEY C. LOW SURVEY,
ABSTRACT NO. 385;• SITUATED IN WILLIAMSON COUNTY, TEXAS BEING
THAT CERTAIN 3 . 5169 ACRE PORTION OF EXISTING CHANDLER ROAD
(R.O.W. VARIES) HAVING BEEN ABANDONED AND CONVEYED TO JOHN S .
AVERY, TRUSTEE BY QUITCLAIM DEED NOT YET OF RECORD AND THAT
CERTAIN 1 . 6631 ACRE TRACT OF LAND CONVEYED TO NNP-TERAVISTA, LP
BY DEED OF RECORD IN DOCUMENT NO. 2003095049 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5 . 176 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS :
BEGINNING, at a 1/2 inch iron rod found at the intersection of
the northerly right-of-way line of existing Chandler Road
(R.O.W. varies) , with the westerly right-of-way line of F.M.
1460, being the northeasterly corner of said 3 . 5169 acre tract,
for the northeasterly corner hereof;
THENCE, S08016129"E, leaving the northerly line of Chandler
Road, along the easterly line of said 3 .5169 acre tract and the
easterly line of said 1 . 6631 acre tract, being the easterly line
hereof, a distance of 88 .22 feet to a 1/2 inch iron rod with cap
set for an angle point, being the intersection of the westerly
line of F.M. 1460 with the northerly line of proposed Chandler
Road (R.O.W. varies) ;
THENCE, along the southerly line hereof, being the southerly
line of said 1 . 6631 acre tract and a portion of the southerly
line of said 3 . 5169 acre tract , same being the northerly line of
proposed Chandler Road, the following nine (9) courses and
distances :
1) S32042135W" , a distance of 153 . 77 feet to a 1/2 inch iron
rod found for the southeasterly corner hereof;
2) S80057138"W, a distance of 146 . 67 feet to a 1/2 inch iron
rod found at the point of curvature of a non-tangent curve
to the left;
3) Along said non-tangent curve to the left having a radius of
1080 . 00 feet, a central angle of 10016' 40" , an arc distance
of 193 . 73 feet and a chord which bears S75052107"W, a
distance of 193 .47 feet to a 1/2 inch iron rod with cap set
for the end of said non-tangent curve;
4) N50000100"W, a distance of 26 . 30 feet to a 1/2 inch iron
rod with cap set for an angle point;
r
FN 04 -068 (MM)
MARCH 15, 2004
PAGE 2 OF 3
5) S55016 ' 48"W, a distance of 109 . 52 feet to a 1/2 inch iron
rod found at the point of curvature of a non-tangent curve
to the left;
6) Along said non-tangent curve to the left having a radius of
1080 . 00 feet, a central angle of 20045' 21" , an arc distance
of 391 . 24 feet and a chord which bears S53058136"W, a
distance of 389 . 10 feet to a 1/2 inch iron rod found at the
end of said non-tangent curve;
7) S43037105"W, a distance of 606 . 31 feet to a 1/2 inch iron
rod found at the point of curvature of a non-tangent curve
to the right;
8) Along said non-tangent curve to the right having a radius
of 1000 . 00 feet, a central angle of 25058105" , an arc
distance of 453 . 23 feet and a chord which bears
S56035150"W, a distance of 449 . 36 feet to a 1/2 inch iron
rod with cap set for the end of said non-tangent curve;
9) S69034148"W, a distance of 118 . 33 feet to a 1/2 inch iron
rod with cap set for the southwesterly corner hereof;
THENCE, N2004615511W, leaving the northerly line of proposed
Chandler Road, along the westerly line of said 3 . 5169 acre
tract , being the westerly line hereof, a distance of 0 . 14 feet
to a 1/2 inch iron rod with cap set in the northerly line of
existing Chandler Road, being the southerly line of a 26 . 71 acre
portion of that certain 75 . 81 acre tract of land conveyed to
NNP-Teravista, L. P. by deed of record in Document No. 9906275 of
the Official Records of Williamson County, Texas, same being the
southeasterly corner of that certain 19 . 00 acre tract of land
conveyed to Pinnacle Towers by deed of record in Document No.
2000023063 of the Official Public Records of Williamson County,
Texas for the northwesterly corner hereof;
THENCE, along the northerly line hereof, being the northerly
line of said 3 . 5169 acre tract, same being a portion of the
southerly line of said 26 . 71 acre tract, the following seven (7)
courses and distances :
1) Along a non-tangent curve to the left having a radius of
1185 . 00 feet, a central angle of 39035116" , an arc distance
Of 818 . 76 feet and a chord which bears N48055107"E, a
distance of 802 . 57 feet to a 1/2 inch iron rod found for
the end of said non-tangent curve;
..... ........... .
FN 04-068 (MM)
MARCH 15, 2004
PAGE 3 OF 3
2) N29015149"E, a distance of 151 . 51 feet to a 1/2 inch iron
rod found at the point of curvature of a non-tangent curve
to the right ;
3) Along said non-tangent curve to the right having a radius
of 1085 . 00 feet, a central angle of 5103311311 , an arc
distance of 976 .26 feet and a chord which bears
N5405511211E, a distance of 943 . 66 feet to a 1/2 inch iron
rod found at the point curvature of a compound curve to the
right;
4) along said compound curve to the right having a radius of
928 . 77 feet, a central angle of 04012 ' 25" , an arc distance
of 68 .20 feet and a chord which bears N78040' 26"E, a
distance of 68 . 18 feet to a 1/2 inch iron rod found at the
point of curvature of a reverse curve to the left;
5) Along said reverse curve to the left having a radius of
928 . 77 feet, a central angle of 04012 ' 3711 , an arc distance
of 68 .25 feet and a chord which bears N78031' 12"E, a
distance of 68 .23 feet to a 1/2 inch iron rod found for the
end of said reverse curve;
6) N80035128"E, a distance of 119 . 89 feet to a 1/2 inch iron
rod found at the point of curvature of non-tangent curve to
the left ;
7) Along said non-tangent curve to the left having a radius of
35 . 00 feet, a central angle of 90003' 20" , an arc distance
of 55 . 01 feet and a chord which bears N35034' 20"E, a
distance of 49 .52 feet to the POINT OF BEGINNING,
containing an area of 5 . 176 acres (225, 474 sq. ft . ) of
land, more or less, within these metes and bounds .
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARK VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
THAT I , JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT PROPERTY DESCRIBED HEREIN WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION
COMPLETED DURING THE MONTH OF MARCH, 2003 .
E
BURY+PARTNERS, INC. !�
ENGINEERS-SURVEYORS JOHN T. BILNOSKI , R. P. �`� �•.���
3345 BEE CAVE ROAD •••••.......
NO. 998 -JOHN
SUITE 200 STAT OF TEXAS
AUSTIN, TEXAS 78746
'l��•,Fss�o• ,G
.. SUR`•
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
I, the undersigned Secretary of the Board of Directors of Williamson County
Municipal Utility District No. 11,do hereby certify that the attached and foregoing is a true
and correct copy of the Petition For Addition Of Certain Land to said District that was filed
with the Board of Directors of the District on the 18th day of May, 2004.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 18th day of May, 2004.
Secretary, Board of Directors
(SEAL)
30071 _ 6
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LIVING TRUST O.P.R,W.C.T'
L33 DOC.2001001639
82.060 ACRES L34 O.P.R.W,C,T. $ �Fr.. aa$
VOL. 348, S 317E EE
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DOC, NO, 7079.93 W L35 Q.+a�h
2001034638 S 68'36'30" W ;4--I
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VICINITY MAP <
NOT TO SCALE K
LEGEND _
1/2" IRON ROD FOUND ^
L P. 895.35 ACRES 0 300 600 O 1/2"IRON ROD WITH OZ
J2 DOC. 9801 109 1200 CAP SET ?o
SCALE: 1"= 600' P.O.B. POINT OF BEGINNING U U
O.R.W.C.T, LINE TABLE O 20
L23-
L31 No. sarin Diston a No. grin Dis anc C
C9 L22 Lt 508'16'29"E 88.22' L27 SOS'29 17"E 469A5 m >-
Z L2 532'42'35"W 153,77' L22 580'34'27"W 254.23' £
L3 S80'ST38'W 146.67' L23 509'25'33"E 100.00'
N L4 N50'00'00"W 26.30' L2a 580'34'27"W 52,35' 1`+
LS 555'16'48"W '109,52
(.I O L25 584'32'18"W 45.83' ¢O
p O L8 543'}705"W 606,31' L26 505'40'54"E 54.}8' a 2
p L7 569'34'48°W 118.33' L27 513'27'38"W 333.8' U
ORICINAL MUD 11 AREA W .,► L8 N20'46'S5"W 0.14' 2
L28 576'38'22"E 114,48'
447.800 ACRES L9 N29'15'49"E 151.51' L29 S78'5639 E 32.14' 3
LI0 N80'35'28"E 119.89' W
L30 570'59'46"W 12,36'
Q 1-11 520'48'16"E 610.35' L31 579'03'50"E 50.00' 2
L12 N69'11'45"E 629,79' l32 574'20'24"E 87.05' C
L17-L20 L13 N20.54'59"W 606.11' 33 578'3817"W 544,04'
L14 S05'16'45"W 626.09' L34 5784450W 503,47
L15 S84'a3'OB"E 8.79' L35 578'01'49"W 338.34'
L16 585'10'27"E 524.20' L36 NOt'46'49"E 53,65'
L1S30'32'21"E 86' L37 574'3723"W 95.83'
L188 S48'01'53°E 3 34848.86' L38 N29'0914"E 151.47' Q
L19 $69'45'13"E 683.23' L39 S20'48'16"E 610.35' Z
L20 520'14'47"W 98,04 I Lao jNt,V'11 45"E
CURVE TABLE a U
PINNACLE TOWERS INC. r s_79'01'll„ No. Ita Radi Arc en th Chor a„ t Chord Be rin U
3.73 ACRES r 7g'g' - _w c1 1o16'ao" Deo.00 93.73 193.47 S7ss2'DrW Z
6 DOC, 2000023063 iOD >i -SJg 74-18„ C2 20'45'21" OB0.00 391,24 }89,10 553'58'36"W 3 Q
S O.R.W.C.T. r lL)76,3,___ L37 L36 C3 zs sB'os" 000.00 453.2} 449.36 556'35'50w
W
S 76 73 35„ W C4 39'35'76" 7185.00 818.76 802.57 Na8'S5'07"E
INEVVLAND RL)UI\�D 87j� n CS 51'33'1}' 085.00 976,26 943.66 N54'55'12"E
ROCK ASSOCIATE 8 868,83
c �9 D Ir MUD 11 O C6 04'12'25" 928,77 68,20 68.18 N78'40'26"E
10 AN/VEXA PON 1 C7 04'12'37' 928.77 68.25 68.23 N78'31'12"E
L,�, 893.35 ACRE B2 �(�S L72 C6 C7 C8 CB 90'0320" 35.00 55.01 49.52 N35'3 20'E
DOC. 9801 I09 44.816 ACRES Ccs Lin C9 03'2510" 2200.37 31.23 }1.}p 5775831"w 8
C10 100-57' 6" 2232.01 37,07 37.07 N18'S9'46"W
�.R.1N.C.r' C11 09'35'02" 2232.01 373.35 372.92 N14'08'46"W 8
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1152.00 C3 GNPN ANNEXATION 2 SHEET
5.176 ACRES 1
OF 1
MUD No. 11 Annexation 2
5. 176 ac.
N
I
O
Teravista Golf Course
d
Ghard�e� R Subject Tract
5.176 ac.
Stoney Brook
Subdivision
DATE: September 3, 2004
SUBJECT: City Council Meeting - September 9, 2004
ITEM: 11.6.1. Consider a resolution consenting to the addition of 5.176 acres of
land to the Williamson County Municipal Utility District No. 11 for
inclusion in said district.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Director of Planning
Justification:
The developers of Teravista have acquired this tract of land and now wish to add it to their
master plan. This tract is adjacent to Chandler Road and FM 1460 and may be annexed into
MUD No. 11 under the terms of the Development Agreement between the City and the
Developer.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Jim Powell, Vice President, NNP-Teravista, LP,
a Texas limited partnership
Background Information•
A Development Agreement regulates the expansion of the MUD. This expansion conforms to
the terms of the Development Agreement.
Public Comment: None required.