R-01-03-22-12E2 - 3/22/2001RESOLUTION NO. R -O1 -03-22-12E2
A RESOLUTION CONSENTING TO THE ADDITION OF
44.816 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 44.816 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,
Section 1. That the City Council officially finds,
determines, recites and declares that a sufficient notice of the
date, hour, time, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City
Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Tex. Gov't Code
Ann., ch. 551 (Vernon 1996); and that this meeting was open to the
public as required by law at all times during which this resolution
and the subject matter thereof was discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
K:\WPDOCS\RESOLUTI\R10322E2.WPD/cdc
Section 2. That the above -referenced petition 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.
RESOLVED this 22nd day of March, 2001.
JOANNE LAND, City Secreta
(JgJSriAG /y? 7f/ / 2) ass
2
ROBE'T A. STLUKA, J/., Mayor
City of Round Rock, Texas
PETITION FOR CONSENT TO ANNEX LAND INTO '
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 11
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
The undersigned, Williamson County Municipal Utility District No. 11 (the "District"), and
NNP-Teravista, LP (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas
Water Code, particularly Section 49.301 of that Code, together with all amendments and
additions thereto, respectfully petition the City Council of the City of Round Rock, Texas, for its
written consent to the annexation by the District of the tract of land described by metes and
bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the
following:
The District is a municipal utility district created by the Texas Natural Resource
Conservation Commission on May 14, 1999. The District is governed by the provisions of
Chapters 49 and 54, Texas Water Code.
The Petitioner holds fee simple title to the Land sought to be annexed to the District, as
indicated by the tax rolls of Williamson County, Texas, and there are no holders of liens on the
Land other than E.C. Stuart, Jr., Deborah Stuart, and Residential Funding Corporation.
The Land is situated wholly within Williamson County, Texas. No part of the Land is within
the limits of any incorporated city, town or village, and no part of the Land is within the
extraterritorial jurisdiction (as such term is defined in Chapter 42, Texas Local Government Code,
as amended) of any city, town or village except the City of Round Rock, Texas. All of the territory
proposed to be annexed may properly be annexed into the District.
IV.
The Land is described by metes and bounds in Exhibit "A," which is attached hereto and
incorporated herein for all purposes.
V.
The general nature of the work to be done in the area sought to be annexed into the
District is the construction, acquisition, maintenance and operation of a waterworks and sanitary
sewer system and a drainage and storm sewer system.
VI.
There is, for the following reasons, a necessity for the above-described work. The Land
proposed to be annexed into the District, which will be developed for commercial and residential
purposes, is urban in nature, is within the growing environs of the City of Round Rock, Texas, is
in close proximity to populous and developed sections of Williamson County, and within the
::ODMA\MHODMA\Houston;378137;1
immediate future will experience a substantial and sustained residential and commercial growth.
There is not now available within the area sought to be annexed to the District an adequate
waterworks and sanitary sewer system nor an adequate drainage system, and it is not presently
economically feasible for the area sought to be annexed to provide for such systems itself.
Because the health and welfare of the present and future inhabitants of the Land and of lands
adjacent thereto require the construction, acquisition, maintenance and operation of an adequate
waterworks and sanitary sewer system and a drainage and storm sewer system, a public
necessity exists for the annexation of the Land into the District, to provide for the purchase,
construction, extension, improvement, maintenance and operation of such waterworks and
sanitary sewer system and such drainage and storm sewer system, so as to promote the purity
and sanitary condition of the State's waters and the public health and welfare of the community.
VII.
The District agrees and hereby covenants that if the requested consent to the annexation
of the Land to the District is given, the District will adopt and abide by the conditions set forth in
Exhibit "B," attached hereto and incorporated herein for all purposes.
VIII.
The undersigned estimate, from such information as they have at this time, that the cost
of extending the District's facilities to serve the Land sought to be annexed will be negligible and
will not require the authorization of additional bonds by the District because the Land is
contiguous to existing District facilities and is small in size.
WHEREFORE, the undersigned respectfully pray that this petition be heard and granted
in all respects and that the City of Round Rock, Texas, give its written consent to the annexation
of the Land into the District.
RESPECTFULLY SUBMITTED this 1'l day of (1,'QA
WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT O.
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Pres
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nt, Board of D ect
NNP-Teravista, LP,
a Texas limited partnership
By:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
NNP -TV Communities, LP
a Texas limited partnership
its General Partner
By: NNP -TV Management, LLC,
a D- -ware limited liability
B
By:
Its: / James E. Powell
Assistant Secretary
This '.strume was acknowledged before jj� on this day of RQ'A-k
2000, by r� ' �� , as (iA¢ sJ of the Board of
Directors of iamson County Municipal Utility District No. 11, a political subdivision of the State
of Texas, on -.ehalf of ..Iitical subdivision.
F,
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'4
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LINDA SOTIRAKE
Notary Public, State of Texas
My Commission Expires
AUGUST 31, 2004
SEAL)
THE STATE OF C. CAt ,r §
COUNTY OF San -0‘ L) §
ota Public, Sta = of Texas
This instrument was acknowledged before me on the day of
11(0 1, O ( , 2000, by DEREK C. THOMAS , 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 partnership.
MICHAELA BROOM
Commission # 1283550
Notay, Public - California
San SNCo92034r
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s /( I, .Gb1 j. r& c c`) -y\
Notary Public in and for
The State ofd ,(if \(-1),10( CA
\ L\l
Printed Name of Notary I\
My commission expires: ) �`N C)1 t t
THE STATE OF /rX/9s §
COUNTY OF V/42 /4/ 6(w §
This instrument was acknowledged before me on the i' ��' day of
if c,-/v/_,,,,w , 2000, by / , J /I,vG s PViiii I L of
NNP -TV MANAGEMENT, LLC, a Delaware limited liability company, on behalf of said company
in its capacity as general partner of NNP -TV Communities, LP, a Texas limited partnership, in its
capacity as general partner of NNP-Teravista, LP, a Texas limited partnership, on behalf of said
company and partnership.
►�� JANICE DEES STONE
Notary Public, State of Texas
My Commission Expires
November 26, 2004
::ODMAIMHODMA Houston;378137;1
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(z___2, /7L( Lin
Notary Public in and for
The State of -Xi3
AA), c c )_\)
Printed Name of Notary
My commission expires: A-1''24 _.24-2v
EXHIBIT A
Metes and Bounds Description
Williamson County M.U.D. #11 -Addition
Consisting of
44.816 Acres (1,952,191 Square Feet)
Barney C. Low Survey, A-385
Williamson County, Texas
BEING a tract containing 44.816 acres (1,952,191 square feet) of land situated in the Barney C.
Low Survey, A-385 of Williamson County, Texas and being land conveyed to Newland Round
Rock Associates L.P. as follows: all of a called 10.22 acre tract recorded under Document
Number 9906272, all of a called 7.88 acre tract and all of a called 26.71 acre tract both recorded
under Document Number 9906275 of the Official Records Williamson County, Texas
(O.R.W.C.T.). Said 44.816 acre tract being more particularly described by metes and bounds as
follows with all bearings referenced to the Texas State Plane Coordinate System, Central Zone
and based on published NAD 83/93 HARN values for City of Georgetown monumentation
network, monument numbers 96005 and 96007:
BEGINNING at the most southerly southeast comer of a called 895.35 acre tract described in
deed to Newland Round Rock Associates L.P. in Document Number 9801109 O.R.W.C.T. same
being the northeast comer of said 26.71 acre tract and being a point in a curve to the right of a
westerly right-of-way line of State Farm to Market Highway 1460 (FM 1460);
THENCE, along the easterly and southerly lines of said 26.71 acre tract being common with the
westerly right-of-way line of FM 1460 and the northerly right-of-way line of Chandler Road, the
following eight (8) courses:
1. 373.35 feet along the arc of a curve to the right having a Delta Angle of 09°35'02", a
Radius of 2,232.01 feet and a Chord Bearing and Distance of South 14°08'46" East,
372.92 feet to a point of compound curvature;
2. 54.96 feet along the arc of a curve to the right having a Delta Angle of 89°58'15", a
Radius of 35.00 feet and a Chord Bearing and Distance of South 35°39'14" West, 49.48
feet to the end of said curve;
3. South 80°37'14" West, a distance of 120.10 feet to the beginning of a curve to the right;
4. 68.25 feet along the arc of said curve to the right having a Delta Angle of 04°12'38", a
Radius of 928.77 feet and a Chord Bearing and Distance of South 78°33'14" West, 68.24
feet to a point of reverse curvature;
Page 1 of 3
Mud 1 1-2Addition.doc
5. 68.19 feet along the arc of said curve to the left having a Delta Angle of 04°12'24", a
Radius of 928.77 feet and a Chord Bearing and Distance of South 78°40'44" West, 68.17
feet to the point of compound curvature;
6. 976.51 feet along the arc of a curve to the left having a Delta Angle of 51°34'00", a
Radius of 1,085.00 feet and a Chord Bearing and Distance of South 54°55'44" West,
943.88 feet to the end of said curve;
7. South 29°09'14" West, a distance of 151.47 feet to the beginning of a curve to the right;
8. 818.64 feet along the arc of said curve to the right having a Delta Angle of 39°34'55", a
Radius of 1,185.00 feet and a Chord Bearing and Distance of South 48°54'44" West,
802.46 feet to the end of said curve for the southeast corner of a called 8.78 acre tract
recorded in a deed to Pinnacle Towers Inc. in Document Number 2000023063;
THENCE, departing Chandler road and along the westerly line of said 26.71 acre tract and the
easterly line of said Pinnacle tract, North 20°4W16" West, a distance of 610.35 feet to a point for
the southeast corner of said 10.22 acre tract;
THENCE, South 69°11'45" West, a distance of 629.79 feet along the southerly line of said 10.22
acre tract and the northerly line of said Pinnacle tract to a point in the easterly line of said 895.35
acre tract;
THENCE, along the westerly line of said 10.22 acre tract and an easterly line of said 895.35 acre
tract the following three courses:
1. North 20°54'59" West, a distance of 358.05 feet to a point;
2. North 21°23'03" West, a distance of 68.29 feet to a point;
3. North 20°18'29" West, a distance of 334.64 feet to a point for the northwest comer of
said 10.22 acre tract;
THENCE, along the common northerly line of said 10.22 acre tract and said 7.88 acre tract and
said 26.71 acre tract, the following four courses:
1. North 79°01'11" East, a distance of 799.11 feet to a point;
2. North 78°14'18" East, a distance of 1,016.23 feet to a point;
3. North 74°37'23" East, a distance of 95.83 feet to a point;
Page 2 of 3
Mudl l-2Addilion. doc
4. North 76°13'35" East, a distance of 868.63 feet to the POINT OF BEGINNING and
containing a computed area 1,952,191 square feet or 44.816 acres more or less.
This document was prepared under 22 TAC Section 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.
Prepared by:
SURVCON INC.
5316 Hwy 290 West, Suite 480
Austin, TX 78735
(512) 899-8282
Job No.417-867
29 June, 1998
rev: 15 Sept., 2000
Page 3 of 3
Mud 11-2Addition. doc
EXHIBIT "B"
(a) The City of Round Rock, Texas (the "City") and Newland -Round Rock Associates, L.P.
shall enter into and execute an agreement for the City to provide wholesale water and sewage treatment
services to the land to be included within the District, which agreement will be assigned to and
accepted by the District after its creation. The District will provide retail water and sewage treatment
services to the land within the District and bill the customers for such services. The District's rates for
and restrictions on the provision of water and sewage treatment services to its customers shall be
adopted and amended from time to time so that the District's rates shall not be Tess than those of the
City to its in -City customers and the District's regulations and restrictions on service shall not be less
restrictive than those of the City.
(b) The District will issue bonds only for the purposes authorized by law, including but not
limited to, purchasing, designing and constructing, or purchasing, designing, and constructing or
otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage
facilities, or parts of such systems or facilities, and to make any and all necessary purchases,
constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all
necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities
therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within
or without the boundaries of the District. Such bonds must provide that the District reserves the right
to redeem said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of
the date of issuance without premium, and none of such bonds, other than refunding bonds, will be sold
for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into
account any discount or premium as well as the interest rate borne by such bonds, will not exceed two
percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20
Bond Index" during the one-month period next preceding the date of the sale of such bonds. The
resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any
revenues from the operation of the District's water and sewer and/or drainage system to the payment
of the District's bonds will terminate when and if the City annexes the District, takes over the assets of
the District and assumes all of the obligations of the District.
(c) Before the commencement of any construction within the District, its directors, officers,
or developers and landowners will submit to the City, or to its designated representative, all plans and
specifications for the construction of water, sanitary sewer and drainage facilities to serve such District
and obtain the approval of such plans and specifications therefrom. All water meters, flushing valves,
valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to
the specifications of the City. All water service lines and sewer service lines, lift stations, and
appurtenances thereto, installed or used within the District will comply with the City's standard plans and
specifications as amended from time to time. Prior to the construction of such facilities within or by the
District, the District or its engineer will give writte notice by registered or certified mail to the City,
stating the date that such construction will be coliimenced. The construction of the District's water,
sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications,
and with applicable standards and specifications of the City; and during the progress of the construction
and installation of such facilities, the City may make periodic on -the -ground inspections.
(d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land
included within the limits of the District will obtain the approval of the Planning and Zoning Commission
of the City of Round Rock of a plat which will be duly recorded in the Official Records of Williamson
County, Texas, and otherwise comply with the rules and regulations of the Planning and Community
Development Department and the Department of Public Works of the City of Round Rock.
(e) The District shall accept, operate and maintain street lighting or security lighting
::ODMA\MHODMA\Houston; 378137;1
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constructed by an owner or developer of property within the District and located within public utility
easements or public rights-of-way within the boundaries of the district to the extent of its legal authority
to do so and in accordance with Section 54.236, Texas Water Code.
(f) The District reserves the right to assign all or part of its obligations under Subsection
(e) of this Exhibit "B" to another govemmental entity, a homeowners association or a similar entity,
subject to the consent of the City, which consent shall not be unreasonably withheld or delayed.
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DATE: March 16, 2001
SUBJECT: City Council Meeting — March 22, 2001
ITEM: 12.E.2. Consider a resolution consenting to the addition of 44.816 acres of
land to Williamson County Municipal Utility District No. 11 for
inclusion in said district.
Resource: Joe Vining, Planning Director
Charlie Crossfield, Assistant City Attorney
History: MUD No. 11 (Teravista) has facquitted this tract of land and now wishes to add it
to their master plan.
Funding: N/A
Cost:
Source of funds:
Outside Resources: Impact: N/A
Benefit: N/A
Public Comment: None required
Sponsor: Planning and Community Development Department
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