R-09-03-26-10A1 - 3/26/2009RESOLUTION NO. R -09-03-26-10A1
WHEREAS, the City of Round Rock ("City") granted its consent to
the creation of the Fern Bluff Municipal Utility District
("District") by Resolution No. 715R on May 2, 1985, and
WHEREAS, the Cities of Austin and Round Rock approved that one
certain "Assignment of Agreement Concerning Creation and Operation
of Fern Bluff Municipal Utility District and Agreement Regarding
Wastewater Service" in which the rights and obligations of Austin
under the Consent Agreement were assigned to the City, and
WHEREAS, the District has been requested to provide out -of -
district wastewater service to approximately 20.02 acres of land
known as the Ivie Tract, and
WHEREAS, Article V of the Consent Agreement requires prior
approval of the City Council in order for the District to sell or
deliver wastewater service to areas outside the District's
boundaries, and
WHEREAS, Article V of the Consent Agreement also requires the
District to submit a land use plan concerning the land for which the
out -of -district wastewater service is being sought, and
WHEREAS, the City desires to grant approval of the District's
petition for consent to an out -of -district wastewater service
agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Petition for Consent to Out -of -District
Wastewater Service Agreement with Fern Bluff Municipal Utility
O:\WDOX\RESOLUTI\R90326A1.DOC/rmc
District, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
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 26th day of March, 2009.
SARA L. WHITE, City Secretary
2
X1'1 /1, ----
ALAN MCGRAW, Mayor
City of Round Rock, Texas
PETITION FOR CONSENT TO OUT -OF- DISTRICT WASTEWATER
SERVICE AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
ds/1407
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK:
ARTICLE I.
By its adoption of Resolution No. 715R on May 2, 1985, the City of Round Rock, Texas
("Round Rock") consented to the inclusion of land within the Fern Bluff Municipal Utility
District (the "District") and granted its consent to the creation of the District;
ARTICLE II.
By its adoption of Ordinance No. 850808-I on August 8, 1985, the City Council of the
City of Austin, Texas ("Austin") granted its consent to the creation of the District within Austin's
extraterritorial jurisdiction and authorized the execution of that certain "Agreement Concerning
Creation and Operation of Fern Bluff MUD" (the "Consent Agreement") which, as amended, sets
out the agreed terms and conditions for creation and operation of the District. The Consent
Agreement was later executed by and among Austin, the District and the Bill Milburn Company
and the creation of the District was confirmed by an election held within the District on June 30,
1986;
1986;
ARTICLE III.
The District was created by an Order of the Texas Water Commission dated June 10,
ARTICLE IV.
On or about June 4, 1997, Round Rock, Austin and the District entered into that certain
"Assignment of Agreement Concerning Creation and Operation of Fern Bluff Municipal Utility
District and Agreement Regarding Wastewater Service" in which the rights and obligations of
Austin under the Consent Agreement were assigned to Round Rock.
PETITION Page 1
EXHIBIT
ARTICLE V.
The District has been requested to provide out -of -district wastewater service for 22 LUEs
to approximately 20.02 acres, more or less, out of the JOHN H. DILLARD SURVEY,
ABSTRACT NO. 179, in Williamson County, Texas and being more particularly described by
metes and bounds in Exhibit A, attached hereto (the "Land"). The Land is owned by KLIP
INVESTMENTS LP, a Texas Limited Partnership.
ARTICLE VI.
Article V of the Consent Agreement requires (1) the prior approval of the City Council in
order for the District to sell or deliver City wastewater service to areas outside the District and
(2) submission of a land use plan concerning the Iand for which out -of -district wastewater
service is sought.
ARTICLE VII.
Pursuant to the District's Subregional Wastewater Disposal Contract dated October 1,
2000 among the Brazos River Authority, Lower Colorado River Authority and the District, as
amended by Amendment No. 1 to Subregional Wastewater Disposal Contract dated March 1,
2001, the District has a contractual flow of 520,300 gallons per day.
ARTICLE VIII.
Petitioner requests that the City Council consent to the out -of -district wastewater service
agreement.
[Remainder of page intentionally left blank]
PETITION Page 2
WHEREFORE, Petitioner respectfully prays that this Petition be heard and that City
Council duly pass and approve a written ordinance or resolution granting its consent.
RESPECTFULLY SUBMITTED this Igtday of ft -L4 4 T- , 2007.
PETITIONER:
FERN BLUFF ►i, ICIP ,UTILITY DISTRICT
er, President Board of Directors
ATTEST:
By:
Joseph eiber Jr., Se tary
Fern Bluff Municipal Utility District
PETITION Page 3
EXHIBIT A
Property Description
Austin_I1500225\3
45898-1 8/14/2007
PETITION Page 4
2GF 199010383—KK
Pazcel
116-0179-0000-0005
Re—recording to add Exhibit "A"
99041078 Y4 - WARRANTY DEED WITH VENDOR'S LIEN
(j) Date: January 24. , 2000
Qt
LL Grantor: WALTER W. IVIE, individually and as Sole Joint Venturer of 3 JOINT VENTURE, a Texas joint venture
• Grantor's Mailing Address (including county):
03
2410 Keating Lane, Austin, Travis County, Texas 78703
• Grantee: KLIP INVESTMENTS, L.P., a Texas limited partnership
Grantee's Mailing Address (including county):
ri
Q 9099 Research Blvd, Austin, Travis County, Texas 78727
O • Consideration: TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration, and the father consideration of
the execution and delivery of Grantee's one certain promissory note of even date herewith, in the principal
N sum of $230,000.00, payable to the order of WALTER W. IVIE, in monthly installments and bearing
interest as therein provided, containing the usual clauses providing for acceleration of maturity and for
attorney's fees. It is secured by a vendor's lien retained in this deed and by a deed of trust of even date
from Grantee to LARRY MOLINARE, Trustee.
Property (including any improvements):
20.02 acres of land, more or less, out of the JOH /H. DILLARD SURVEY, ABSTRACT NO. 179 in
Williamson County, Texas, and being more pari ularly described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof for all pe ent purposes.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is expressly made and accepted subject to all valid and subsisting easements, restrictions,
reservations, covenants and conditions relating to said Property, to the extent the same are valid and
enforceable against said Property, as same are shown by insiniinents filed of record in the office of the
County Clerk of Williamson County, Texas.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,
GRANTS, SELLS, and CONVEYS to Grantee the property, together with all and singular the rights and appurtenances
thereto in any wise belonging, TO HAVE AND HOLD it to Grantee, Grantee's heirs, executors, administrators, successors,
or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to WARRANT and
forever DEFEND all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
The Vendor's lien against and superior title to the property are retained until each note .described is fully paid
according to its terms, at which time this deed shall become absolute.
By acceptance of this Deed, Grantee assumes payment of all real and personal property taxes on the Property for the
year 2000 and subsequent years.
Warranty Deed with Vendor's Lien
Page Iof2
GF/ 99010383/K1{/mm/pn
When the context requires, singular nouns and pronouns include the plural.
WALTER W. IVIE, individually
3 JOINT VENTURE, a Texas joi
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
Sole Joint Venturer of
venture
This instrument was acknowledged before ate on the �4 day of January, 2000, by WALTER W. IVIE,
individually and as Sole Joint Venturer on behalf of 3 JOINT VENTURE, a Texas joint venture.
Warranty Deed with vendors Lien
Page 2of2
GF# 99010383/KK/mm/pn
Notary Public, tate of Texas
MY COMMISSION EXPIRES:
(Printed name of Notary)
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OFFI AL P IC RECORDS
02-02-200► 0 :52 PM 2000006710
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NANCY E RISTER OUNTY CLERK
WIL AMSON COU TY, TEXAS
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RU$11N, TEXAS 78759
PRONE (5171 34e-8556
SURVEY PLAT OF:
20.02 ACRES OF LAND OUT OF THE JOHN H. DILLARD SURVEY (A-179)
IN WILLIAMSON COUNTY, TEXAS, AS RECORDED tN VOLUME 1070,
PAGE 15, WILLIAMSON COUNTY DEED RECORDS
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DAT.D Nos == DAT OF ._;_._� _-.z000:
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STUART N. WATSON, R`Cl1T^SR^O
PROPrTSIOK$L LAND 91.165600R,
11%A8 LIC5N05 NUYOER 1525
PNOPONG 111."
II Fr+.0 t' •'1.0r.1,1. f'wn
LEGEND
• I/2" STEEL PIN FOUND
o 1/Y STEEL PM SET
O 1 STEEL PIPE FOUND
62O NAIL FOUND
B.L CURDIND SETBACK LINE
D.E. DRAINAGE CASEMENT
P.U.E. PURUC UTILITY EASEMENT
—c— OvERHEAD ELECTRIC UNE
—11— FENCE
SCALE 1"=150'
BEARING BASIS IS
DEED (1070/15)
ALL COURSES ARE
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ELECTRIC EWE. TO T P.A,1. (460/132)
DOES NOT APPLY To TH15 TRAC1
THIS SURVET REELECTS AND IS L1MiTE0 TO Y.S1PLE EVIDENCE OF
EASEMENTS ON THE GROUND AHO THOSE RE::OROCD CASEMENTS USILD
NQ SCHEDULE 'D' OF GRACY TITLE CO. C0N0.1I1MENT 99010383
_i/b1/I i 11::y 5:2-869-4255 GEGRGTWN TITLE PLANT PAGE
• Pio1d Notes describing 20.02 acres of 'land out of and a part of
the John H. Dillard Survey, situated in Williamson County, Texas,
;aid 20.02 acre tract boing more particularly described as being a,
portion of that certain ZZ.64 acre tract, of land conveyed to Carl
-'1s, et ux by deed of ret'ord;iii 'Volume 7'07; ••Page 250 of the
'(Williamson County, Texas.Deed'Recvrds.' said .20,02 acre tract being
more fully described by'metes and b'ounds:gs follows;
BEGINNING at an iron pin found at a fence corner at the north-
west corner of said 22,64 acre tract for the northwest corner of
the tract herein described, said point also being the southwest
corner of Lot 98 Great Oaks Subdivision, of record in Cabinet B,
Slides 373-381 of the Williamson County, Texas Plat Records;
THENCE with the fence along a north line of said ZZ.64 acre
tract, same being the south lines of said Lot 98 and Lot 99 of
said subdiv°.cion, N 70°-59'11 633.50 feet to a nail found in a fence
corner post at the northwest corner of that ccrtnin 2.59 acro tract
of land deacribod In a deed of record in Volume 298, Pnge 42 of
the Williamson County, Texas Deed of Trust records, for the most
northerly northeast corner of the tract herein described;
THENCE with the west line of said 2.59 acre tract the following
two (2) courses;
1. S 19°-04'1; 619.63 feet to a nail found at n fence corner post;
2. S 18°-59'E 285.43 feet to a steel pin set at the southwest corner
'•'f said 2.59 acre tract for an interior corner of the tract herein
described;
THENCE with the south line of said 2,59 acre tract N 700-59'11
121.52 feet to a steel pin set at tho beginning of a curve to the
left whose .elements are: central angle 05°-06'; tangent. of 122.48
fret; radius of 2750.07 feet; arc distance of 244.79 feet, and
whose long chord bears N 68°-Z6'E a distance of 244.71 feet to an
iron pin found at tho southeast corner of said 2.59 acro tract, at
the end of Oak Ridge Drive, for the most easterly northeast corner
of tho tract•horoin described, said point also boing at the south-
west corner of Lot 5 Block 5 Great Oaks Subdivision Section II, as
r•tcorded in Cabinet C, Slides 129-132 of the Williamson County,
Texas Plat Records;
THENCE crossing the end of said Oak Ridge Drive S 19°-01'8
50.20 feet to an iron pin found at the northwest corner of Lot
1 Block 6 of said Great Oaks Subdivision Section II, same being
the most easterly southeast corner of said 22.64 acre tract, for
the most easterly southeast corner of the tract herein described,
said point also being the northeast corner of that certain 2.30
ncro tract of land described in a deed of record in Volume Z39,
Pate 91 of the Williamson County, Texas Deed of Trust Rocords;
THENCE; leaving said Oak Ridge DriVe and with a south line of
snid 22.64 ncro tract, same boing tho north line of said 2.30 acre
tract, S G5° -53'1V 295.85 feet to a steel pin set at an interior
corner of said 22.64 acre tract, Sarno being the northwest corner
of said 2.30 acre tract, for an interior corner of the tract herein
described; • . -
THENCE with an east line of said 22.64 acre tract, same being
the west lino of said 2.30 acre tract S 21°-47'B 348.41 feet to
n point in the approximate center of Brushy Creek, at the most
:southerly southeast corner of said 22.64 acre tract, same being
The southwest corner of said 2.30 acre tract for the most south-
erly southeast corner of the tract herein described;
THENCE with the approximate centerline of said creek S 73°-I17'W
727.40 feet to a point at the southwest corner of said 22.64 acro
'.rnct for tNo southwest corner of the tract.horein described;
THENCE leaving said creek and with the west line of this survey
the following three (3) courses;
1. N 15°-59'f 65.74 foot to rut iron pin found at a fonce corner;
2. N 19°-221x', with said fence, 332.03 feet to an iron pin found;
5. N 19°-(,'c.'W, with said fonce, 889.90 feet to the place of
BEGINNING containing 20.02 acres of land.
L%NIISIT "n„
le
DATE: March 19, 2009
SUBJECT: City Council Meeting — March 26, 2009
ITEM: 10A1. Consider a resolution granting consent to the Fern Bluff Municipal Utility District
to enter into an Out -of -District Wastewater Service Agreement.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, Director of Utilities
The Fern Bluff Municipal Utility District (MUD) has been requested to provide out -of -district wastewater
service to approximately 20.02 acres of land known as the 'vie Tract. This tract, which will consist of
approximately 22 single-family living unit equivalents (LUES), is located adjacent to Brushy Creek off of
Oak Ridge Drive. Article V of the Fern Bluff MUD Consent Agreement requires that in order for the MUD
to sell or deliver wastewater service to areas outside the MUD boundaries, they must receive prior
approval of the Round Rock City Council. In addition, the MUD must also submit a land use plan
concerning the land for which the out -of -district wastewater service is sought. The property owner has
submitted the necessary information to the City; therefore, the City recommends approval of this
petition for Out -of -District wastewater service for Fern Bluff MUD.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Bill Burba — Agent for Owner
Baker-Aicklen & Associates, Inc.
Background Information:
The Ivie Tract is located in the City of Round Rock's extraterritorial jurisdiction (ETJ). However, given
that the tract is located outside the city limits, the City does not currently have infrastructure in place to
serve the tract with wastewater. This tract will tie directly into the Brushy Creek Regional Wastewater
System (BCRWWS), and since Fern Bluff MUD has available capacity in the BCRWWS, allowing Fern Bluff
MUD to provide wastewater service to the tract is the best option. Aqua Water, a current wholesale
water customer of the City of Round Rock, will be the water service provider for this tract.
Public Comment: N/A