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A-09-05-14-8G7 - 5/14/2009ORDINANCE NO. PV- oak o5' v f -- gz - AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 1.72 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 1.72 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a o:\wdox\sccints\ouz\oscs\M NICrp s\oscs14ov.00c/:mc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first required public hearings by causing notice of two statutorily - to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS,after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed, as required by law. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 5 B. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 14311 day of May , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" HIGH COUNTRY BOULEVARD TRACT DESCRIPTION EXHIBIT 1 BEING a 1.72 -acre tract of land, more or less, being out of and a portion of the Samuel Jenkins Survey, Abstract No. 347, in Williamson County, Texas, and further described in Deeds recorded in Document Number 9606668, Official Records of Williamson County, and Document Number 2003088849, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibit B and C, respectively SAID 1.72 -acre tract also being identified on the accompanying sketch, attached hereto and made a part hereof. USI -AUS -28560-1/01-111-90/118110.,1043 qs 7 /r&O Lone No. 8221111 WARRANTY DEED DOC# 9606668 Greg Collins and Teresa Collins, husband and wife of / /A4 "782-1 se 41/ County, Texas, hereinafter called Grantor, for the consideration hereinafter stated, does grant, sell and convey unto Steve L. Sparks, a single person, of Williamson County, Texas, hereinafter called Grantee, the following described real properly, together with all improvements thereon, situated in Williamson County, Texas, to -wit. BEING 1.07 acres of land out of the SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, Williamson County, Texas, and being a part of that certain 126.68 acre tract of land described in a deed to William R. Kitts recorded in Volume 1561, Page 663, Official Records, Williamson County, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the Grantee and Grantee's heirs, executors, administrators, successors, or assigns, forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, and successors, to warrant and forever defend, all and singular, the said premises unto the said Grantee, Grantees heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming, or to claim the sante, or any pmt thereof, subject however, to all restrictions, easements, mineral reservations, and any other matters of record applicable to the property hereby conveyed, and to applicable zoning laws and ordinances. Grantee assumes the payment of ad valorem taxes and assessments for the current year. The consideration for this conveyance, receipt of which is hereby acknowledged, is as follows: (1) $10.00 and other valuable consideration paid to Grantor for which no lien either express or implied is retained. (2) $104,000.00 advanced and paid at the instance and request of Grantee by Franklin Federal Bancorp, A Federal Savings Bank ("Lender") for which Grantee has executed a promissory interest bearing note payable to said Lender, as well as a deed of trust to Dianna Gordon, Trustee, to secure the payment thereof, all of even dale herewith. (3) $13,000.00 to evidence which Grantee has executed a promissory interest bearing note payable to the order of First Equity Corp. as well as a deed of trust to Jeff W. Autrey, Trustee, to secure the payment thereof, all of even date herewith, sock 1101e and any and all liens securing the same being, in all things, secondary and inferior to the lien or liens securing the note described in (2) above and any extensions or renewals thereof The vendor's lien and superior title are specifically retained by Grantor against the property described herein until said notes and all interest thereon are fully paid, and to the extent the same secure payment of the notes described in (2) and (3) above, they are hereby assigned and transferred to Lender and First Equity Corp., respectively. When Grantor is two or more persons, or when Grantee is two or more persons, this Deed shall read as though pertinent verbs and pronouns were changed accordingly. Grantee's Mailing Address: Steve L. Sparks 2701 High Country Blvd. Round Rock, Texas 78664 OFFICIAL REGOROS NMI -L AMSON COUNTY, TEXAS EXHIBIT /Yf 00 DS1-AUS-28560-1N7-30-96/44800.4043 Loan No. 8221431 1St k Executed this 3/ day of -131•1 1996, to be effective January 31, 1996. Greg Collins kGWin .l (Cock, Teresa Collins THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was aclmowledged before me on52 U , / 1996 by Greg Collins and Teresa Collins, husband and wife. L 2 Not gly Public - State of xas Notary's name (printed): My commission expires: %moo /S)fo EXHIBIT "A" BEGINNING at an iron rod set in the south line of High Country Blvd., from which an iron rod found at the intersection of the west line of said 126.68 acre tract and the south line of said High Country Blvd. bears 5 64' 07' 30" W a distance of 373.20 feet: THENCE N 64' 07' 30" E a distance of 208.85 feet with the south line of said High Country Blvd. to an iron rod set at the northeast corner hereof; THENCE S 25' 52' 30" E a distance of 121.93 feet to an iron rod set; THENCE 5 54' 04' 37" E a distance of 70.19 feet to an iron rod found at the most easterly northeast corner of a 10.060 acre tract of land described in a deed to the City of Austin rcorded in Volume 1782, Page 774, Official Records, Williamson County; THENCE S 49' 55' 52" W a distance of 249.64 feet with the north line of said 10.060 acre tract to an iron rod found; THENCE N 25°- 52' 30" W a distance of 245.00 feet to the Place of Beginning, containing 1.07 acres of land, subject to easements, conditions or restrictions of record, if any. RECORDERS MEMORANDUM All or parte of the text on this page wu not clearly legible for satisfactory recordation. 9 aw'niivro Sht `met Docf 9606668 11 Pages: 3 Date : 02-08-1996 Time : 04:45:53 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 13.00 10} w6o4e o ZIkk DATE: JUNE 3, 2003 A WARRANTY DE (With Vendor's Lie AFTER RECORDING RETURN TO: Chicago Title Insurance Company 1001 S. Capital of Texas Hwy., Bldg. 1 Austin, Texas 78746 ra 0 L 0 CO CD CO GRANTOR: 212 H.K., LTD., A TEXAS LIMITED PARTNERSHIP a GRANTORS MAILING ADDRESS: 64012' Avenue S.W., Site 436 M Calgary, Alberta, Canada T2R 0115 0 GRANTEE: STEVE L. SPARKS S GRANTEE'S MAILING ADDRESS: 2701 HIGH COUNTRY BLVD EXHIBIT 4 ROUND ROCK, TEXAS 78664 CONSIDERATION' TEN AND NO/100 (310.00) DOLLARS, cash, the receipt and sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery of that certain promissory note in the original principal sum of 316,000.00, executed by Grantee and payable to the order of BANK OF AMERICA, N.A., as therein provided and bearing interest at the rate therein specified and providing for acceleration of maturity and attorney's fees in the event of default, the receipt and sufficiency of which is hereby aeknowledged. The payment of which Note is secured by a Deed of Trust of even date herewith to PRLAP, INC., Trustee. PROPERTY.' Being a part of the Sanwel Jenkins Survey, Abstract No. 347, Williamson County, Teras, and being all of that certain 0.64 of an acre Iran of land described as "Second Tran" in a deed to 2R H.L, Ltd recorded in Volume 2517, Page 210, Official Public Records, Williamson County, Texas, and being more particularly described by metes and bounds attached hereto as Exhibit "A". EXCEPTIONS TO CONVEYANCE AND WARRANT). This conveyance is subject to all restrictions, reservations, easements, prescriptions, rights-of-way, maintenance, or similar charges and any liens securing the payment thereof; declarations, covenants, and conditions of record, if any, in the office of the County Clerk of Williamson County, Texas, but only to the extent they are presently of record and in effect. WARRANTY DEED, Page 1 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 to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and defend all and singular the property to Grantee and Grantee's 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 the Note described is fully paid according to its terms, at which time this deed shall become absolute. The vendor's lien against and superior title to the property are hereby sold, transferred and conveyed to BANK OF AMERICA, N.A., the payee named in said note. When the context requires, singular nouns and pronouns include the plural. 2R H.K., LTD., A TEXAS LIMITED PARTNERSHIP BY: DELF HOLDINS TEXAS, INC. BY: KEN DELF, PRESID HABAR TEXAS, INC. BY: HARRY IITZIG, PRESIDENT WD/VL PAGE 2 ,6E4T 8Y: NP LAGERJET 3150; 4032664079; JUN -3-03 1:19PM; PAGE 3 Grantor, for the consideration and subject to the reservations from and exceptions w conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rigbls and appurtenances thereto in any wise belonging, to have and hold to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Chanter's successors and assign to warrant and defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully distilling or to algin the same or any part thereoc except as to the reservations from and exceptions to conveyance and warranty. The vendor's lint against and superior title to the )property are retained until the Note described is fully paid according to its terms, at which time this deed shall become absolute. The vendor's lien against and superior title to the property are hereby sold, translated and conveyed to BANK OF AMERICA, N.A., the payee named in said note. When the context requires, singular soups and pronouns include the plwaL 2R H.K., LTD., A TEXAS LIMITED PARTNERSHIP BY: DELF IIOLDIN ,S TEXAS, INC. 8Y: IIABAR'// r ', INC BY: 4TL idd/ HARR �y WDIVL PAtiti 2 PRESIDENT STATE OF COUNTY OF THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF JUNE, 2003, BY KEN DELF, PRESIDENT OF DELF HOLDINGS, INC., IN ITS CAPACITY OF 2R H.K., LTD, A TEXAS LIMITED PARTNERSHIP, ON BEHALF OF SAID PARTNERSHIP. STATE OF COUNTY OF pAnnd.71r;+ di"?S©UTtf.W OD A:lilniitii. t.., c......... tia o S THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF JUNE, 2003, BY HARRY UTZIG, PRESIDENT OF HABAR TEXAS, INC., IN ITS CAPACITY OF 2R H.K., LTD, A TEXAS LIMITED PARTNERSHIP, ON BEHALF OF SAID PARTNERSHIP. NOTARY PUBLIC, STATE OF WARRANTy DEED, Page 3 'OESIPBY: HP LABEAJET 3150; 4032884078; JUN -3-O3 1:18PM; PAGE 4 STATE OF COUNTY OF THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF JUNE, 2003, 13 Y KEN DELF, PRESIDENT OF DELF HOLDING , INC., IN ITS CAPACITY OF 2R H,K., LTD, A TEXAS LIMITED PARTNERSHIP, ON BEHALF OF SAID PARTNERSHIP. STATE OF COUNTY OF Gt trw!r >;,:, - Ys O::irrr :=4 is. to THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE. ME ON THE DAY OF Aft4E, 2003, BY HARRY UT2JG, PRESIDENT OF HABAR TEXAS, INC., `�N $.CAPACITY OF 2R H.K., LTD, A TEXAS LIMITED PARTNERSHIP, ON OF SAID PARTNERSHIP. WARRANTY DRED, Pip 3 FILED IVa RECOR OFFFICIAL PURLI ECOROS 19, 06-19-200 + 02:06 PM 2003057043 AN! AEON $17.00 NANCY NAK WLApON COUNTY. :COUNTY RECORDERS MEMORANDUM All or pan of the text oil this page was not clearly legible for satisfactory recordation. EXHIBIT A BEING 0.64 of and acre of land out of the SAMUEL JENKINS SURVEY,.ABSTRACT N0. 347, WILLIAMSON.COUNTY, TEXAS, and being a part of that certain 126.68 acre tract of land described Ln a deed to William R. Kitts recorded in Volume 1561, Page 661, Official Records, Williamson County, Texas, and being more particularly described by metes and bounds as Follows, to wit: BEGINNING at an iron rod set In the south line of High Country Blvd., from which an iron: rod found at the intersection of the west line of said 126.68'acrd'tract and the south line of said High Country Blvd. bears S 64' 07' 30"•W a distance of 373.20 feet; THENCE 5 25' 52'.30" E a distance of 245.00 feet to an Iron rod found at the southeast corner hereof, said iron rad being in the north line of a 10.060 acre tract of land described in a deed to the City of Austin recorded in Volume 1782, Page 774, Official Records, Williamson County; THENCE S 64. 07' 30" W a distance of 115.00 feet with the north line of said 10.060 acre tract to an iron rod found at the southwest corner hereof; THENCE N 25' 52' 30" W a.distance of 225.00 feet with the east line of said 10.060 acre tract to an iron rod found; THENCE an arc distance of 31.42 feet with a curve to the right, said curve having a central angle of 90' 00', a radius of 20,00 feet, a chord distance of 28.28 feet, and a chord bearing of N 19' 07' 30" E to an iron rod found in the south line of High Country Blvd.; THENCE N 64' 07' 30" E aid/stance of 95.00 feet with the south line of said High Country 81vd. to the Place of Beginning, containing -0'.'6'4 of -ran 'acre' of land, subject to easements, conditions or restriction of record; if any. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 09-10-2003 01:31 PM 2003088849 JACKIE $19.00 NANCY E.,RISIER ,COUNTY CLERK WILLIAfM'L'9IINTY, TEXAS Exhibit A Sketch EXHIBIT SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 1.72 ACRES, MORE OR LESS, OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NUMBER 347, ALSO KNOWN AS THE HIGH COUNTRY BOULEVARD TRACT, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is a single-family residence, comprised of two unplatted parcels. The Property is surrounded by standard single-family residential development to the west, north and east; City - owned property, including a water tower and basketball court, and the area homeowners' association property, lie to the south. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily - mandated 2 1/2 year period. The City's program is for provision of such services immediately upon annexation. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street Lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Emergency Service District No. 9. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services — Currently provided by Emergency Service District No. 9; (4) Solid waste collection - Within its corporate boundaries, the City contracts with Round Rock Refuse for residential collection only; therefore, for residential properties this service will be provided immediately upon annexation whereas any commercial ventures may continue to contract individually for solid waste collection service; (5) Operation and maintenance of water and wastewater facilities - To be provided immediately upon annexation. Existing water and wastewater facilities are shown on Exhibit "B;" additional services and connections will be available in accordance with the requirements of the City of Round Rock Subdivision and Utility Ordinances; (6) Operation and maintenance of public roads and streets, including road and street lighting — As there are none of these facilities on the Property, operation and maintenance of same is not at issue; any City acceptance of dedicated and improved rights-of-way in the future would be per the Subdivision Ordinance or additional annexation; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service - As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c) requires the City to define "full municipal services" as services provided by the City of Round Rock within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines `full municipal services." C. Section 43.056(d) does not apply to the City. 2 D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The City has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of 3 the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. G. Section 43.056(h) does not apply to the City. H. Section 43.0560) does not apply to the City. Section 43.0560) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on April 9, 2009 and April 23, 2009. At such public hearing, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City would not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). 4 L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of topography, land use, and population density, provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use which is primarily agricultural, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 Exhibit A CD rs- E. nil. 4% A NNW ism 111 S‘ "Mit' anis ma rial %*111 Exhibit B DATE: May 7, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: 8G7. Consider an ordinance authorizing unilateral annexation of 1.72 acres located south of High Country Boulevard between High Point Drive to the east and Flower Hill Drive to the west. (First Reading) Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director This Tract consists of a single-family residence on two parcels. It is surrounded on three sides by the Flower Hill Subdivision and across the street from the High Country Subdivision. It is completely surrounded by City limits. Annexing the Tract, which abuts High Country Boulevard will help provide consistent police and fire protection and eliminate a "donut hole" in the City's corporate limits. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Owing to the availability of water and wastewater lines in abutting roadway or property, the City has determined the tract would be served by municipal utilities for unilateral annexation purposes. It follows that the cost for actually tapping lines and connecting to municipal water and wastewater service would be the responsibility of the individual property owner at such time the owner wishes to connect or further develop the property. Further, this expense would be customary and reasonable. Upon annexation, the city will provide the usual compliment of municipal services. The service plan complies with the requirements of the Texas Local Government Code. The property is already connected to the City's water system, as per an out of City water agreement with a former property owner. At that time, it was expected that this tract would be annexed and platted with the adjacent Flower Hill Subdivision. It appears the water connection was made, but the tract was excluded from the subsequent annexation and platting of the abutting Subdivision. - CONTINUED ON NEXT PAGE — Public Comment: Per the statutory requirements of the Texas Local Government Code, the following has been completed: On February 11, 2009, written notices were sent by certified mail to the property owners of the proposed annexed lands and to all public and private utility providers that could be affected. Written notices were also sent by certified mail to area public school districts that could be affected by the annexation on March 25, 2009. Published notice of the April 9, 2009, public hearing was posted on the City's Website on Wednesday, March 25, 2009 and was published in the Round Rock Leader on Saturday, March 28, 2009. Published notice of the April 23, 2009, public hearing was posted on the City's Website on Wednesday, April 8, 2009 and was published in the Round Rock Leader on Saturday, April 11, 2009. The two public hearings were conducted by the Council as posted. RECORDED DOCUMENT FOLLOWS THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 1111111111111111111111111111111111111111111111 I IIII II ::Dp.s 2009035270 I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -09-05-14-8G7 which annexes 1.72 acres located south of High Country Boulevard between High Point Drive to the east and Flower Hill Drive to the west. This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the 14th day of May and is recorded in the City Council Minutes Book No. 57. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 18th day of May SARA L. WHITE, City Secretary ORDINANCE NO. k z''7' AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 1.72 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 1.72 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a O:\wdex\SCC1nts\0112\0905\MUNICIPAL\090514G7 .DOC/rmC service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed, as required by law. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 5 B. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 14' day of WI , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" HIGH COUNTRY BOULEVARD TRACT DESCRIPTION 1 EXHIBIT "A„ BEING a 1.72 -acre tract of land, more or Tess, being out of and a portion of the Samuel Jenkins Survey, Abstract No. 347, in Williamson County, Texas, and further described in Deeds recorded in Document Number 9606668, Official Records of Williamson County, and Document Number 2003088849, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibit B and C, respectively SAID 1.72 -acre tract also being identified on the accompanying sketch, attached hereto and made a part hereof. DS 1 -AUS -28560-I /o I-30-9oil4Rn0.4p43 WARRANTY DEED Lunn Nu. 822143 I DOC# 9606668 Greg Collins and Teresa Collins, husband and wife of /ry/Ail/11715/4/ County, Texas, hereinafter called Grantor, for the consideration hereinafter stated, does grant, sell and convey unto Steve L. Sparks, a single person, of Williamson County, Texas, hereinafter called Grantee, the following described real proper ty, together with all improvements thereon, situated in Williamson County, Texas, to -wit. BEING 1.07 acres of land out of the SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, Williamson County, Texas, and being a part of that certain 126.68 acre tract of land described in a deed to William R. Kitts recorded in Volume 1561, Page 663, Official Records, Williamson County, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the Grantee and Grantee's heirs, executors, administrators, successors, or assigns, forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, and successors, to warrant and forever defend, all and singular, the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to all restrictions, easements, mineral reservations, and any other matters of record applicable to the property hereby conveyed, and to applicable zoning laws and ordinances. Grantee assumes the payment of ad valorem taxes and assessments for the current year. The consideration for this conveyance, receipt of which is hereby acknowledged, is as follows: (1) 510.00 and other valuable consideration paid to Grantor for which no lien either express or implied is retained. (2) SI 04,000.00 advanced and paid at the instance and request of Grantee by Franklin Federal Bancorp, A Federal Savings Bank ("Lender") for which Grantee has executed a promissory interest bearing note payable to said Lender, as well as a deed of trust to Dianna Gordon, 'trustee, to secure the payment thereof, all of even date herewith. (3) $13,000.00 to evidence which Grantee has executed a promissory interest bearing note payable to the order of First Equity Corp. as well as a deed of trust to Jeff W. Autrey, Trustee, to secure the payment Ihcrcof, all of even date herewith, such note and any and all liens securing the same being, in all (hints, secondary and inferior to the lien or liens securing the note described in (2) above and any extensions or renewals thereof The vendor's lien and superior title are specifically retained by Grantor against the property described herein until said notes and all interest thereon are fully paid, and to the extent the same secure payment of the notes described in (2) and (3) above, they are hereby assigned and transferred to Lender and First Equity Corp., respectively. When Grantor is two or more persons, or when Grantee is two or more persons, this Deed shall read as though pertinent verbs and pronouns were changed accordingly. Grantee's Mailing Address: Steve L. Sparks 2701 High Country Blvd. Round Rock, Texas 78664 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS EXHIBIT DSI -AUS -28560-1/01-30-96/44800.4043 /,G/Y1 Go Loan No. 8221431 Executed this 3) day of -1//\ , 1996, to be effective January 31, 1996. Greg Collins G�f LL(b111 An Teresa Collins THE STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on Greg Collins and Teresa Collins, husband and wife. NTNAT$.p&F• :LES PBL c Mq Conuryssion ‘ Ores 3.23-98 Not Public - State of xas Notary's name (printed): , 1996 by . My commission expires: 2 ro//-moo EXHIBIT "A" BEGINNING at an iron rod set in the south line of High Country Blvd., from which an iron rod found at the intersection of the west line of said 126.68 acre tract and the south line of said High Country Blvd. bears S 64' 07' 30" W a distance of 373.20 feet; THENCE N 64' 07' 30" E a distance of 208.85 feet with the south line of said High Country Blvd_ to an iron rod set at the northeast corner hereof; THENCE S 25' 52' 30" E a distance of 121.93 feet to an iron rod set; THENCE S 54' 04' 37" E a distance of 70.19 feet to an iron rod found at the most easterly northeast corner of a 10.060 acre tract of land described in a deed to the City of Austin rcorded in Volume 1782. Page 774, Official Records, Williamson County; THENCE S 49' 55' 52" W a distance of 249.64 feet with the north line of said 10.060 acre tract to an iron rod found; THENCE N 25' 52' 30" W a distance of 245.00 feet to the Place of Beginning, containing 1.07 acres of land, subject to easements, conditions or restrictions of record, if any. RECORDERS MEMORANDUM All or parts of the text on thio page was not clearly legible for satisfactory recordation. �4 n 1qN ro boon 9606668 N Pages: 3 Date : 02-08-1996 Time : 04:45:53 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE DIZZELL COUNTY CLERK Rec. $ 13.00 4tA a3o4baoaLy DATE: JUNE 3, 2003 GRANTOR: 2R H.K., LTD., A TEXAS LIMITED PARTNERSHIP WARRA1V77DE (With Vendor's Lie AFTER RECORDING RETURN TO: Chicago Title Insurance Company 1001 S. Capital of Texas Hwy., Bldg. 1 Austin, Texas 78746 ° GRANTOR'S MAILING ADDRESS: 64012"' Avenue S.W., Slake 436 Calgary, Alberta, Canada T2R OH5 pGRANTEE: STEVE L. SPARKS 7 GRANTEE'S MAILING ADDRESS: 2701 HIGH COUNTRY BLVD 0 A 1 EXHIBIT ROUND ROCK, TEXAS 78664 CONSIDERATION: TEN AND NO/100 ($10.00) DOLLARS, cash, the receipt and sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery of that certain promissory note in the original principal sutn of $16,000.00, executed by Grantee and payable to the order of BANK OF AMERICA, N.A., as therein provided and bearing interest at the rate therein specified and providing for acceleration of maturity and attorney's fees in the event of default, the receipt and sufficiency of which is hereby acknowledged The payment of which Note is secured by a Deed of Trust of even date herewith to PRLAP, INC., Trustee. PROPERTY: Being a part of the Samuel Jenkins Survey, Abstract No. 347, Williamson County, Texas, and being all of that certain 0.64 of an acre tract of land described as "Second Tract" in a deed to 2.R H.$, Lid recorded in Volume 2517, Page 210, Official Public Records, Williamson County, Texas, and being more particularly described by metes and bounds attached hereto as Exhibit "A". EXCEPTIONS TO CONVEYANCE AND WARRANTY This conveyance is subject to all restrictions, reservations, easements, prescriptions, rights-of-way, maintenance, or similar charges and any liens securing the payment thereof declarations, covenants, and conditions of record, if any, in the office of the County Clerk of Williamson County, Texas, but only to the extent they are presently of record and in effect. WARRANTY DEED, Page 1 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 to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and defend all and singular the property to Grantee and Grantee's 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 the Note described is fully paid according to its terms, at which time this deed shall become absolute. The vendor's lien against and superior title to the property are hereby sold, transferred and conveyed to BANK OF AMERICA, N.A., the payee named in said note. When the context requires, singular nouns and pronouns include the plural. 2R H.K., LTD., A TEXAS LIMITED PARTNERSHIP BY: DELF HOLDINiS TEXAS, INC. BY: KEN DELF, PRESID HABAR TEXAS, INC. BY: WDM. PAGE 2 HARRY UTZIG, PRESIDENT ,SENT SY; HP LASERJET 3150; 4032684075; JUN -3-03 1:18PM; PAGE 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 arty wise belonging, to have and bold to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigrn to warrarr and defend all and singular the property to Grantee and Grantee's successors and assns against every person whomsoever lawfully claiming or to c]abn 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 the Note described is fully paid according to its tams, at which time this deed shall income absolute. The vendor's lien against and superior title to the property are hereby sold, transferred and conveyed to BANK OF AMERICA, N.A., the payee named in saki note. When the context requires, singular nouns and pronouns include the pturaL 2R. 11.K., LTD., A TEXAS LIMITED PARTNERSHIP BY: DELF IIOLDIN iS TEXAS, INC. BY: KEN DELF, PRESID ITABAR , INC BY: IHARR � G, PRESIDENT STATE OF COUNTY OF THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE 3' DAY OF JUNE, 2003, BY KEN DELF, PRESIDENT OF DELF HOLDINGS, INC., IN ITS CAPACITY OF 2R H.K., LTD, A TEXAS LIMITED PARTNERSHIP, ON BEHALF OF SAID PARTNERSHIP. STATE OF COUNTY OF VA 711. 711:17: ,f,."-' SOUi'i`tr..:D Cc-•, :i ..:_....:;,- C: t :r,:.,.;J kr t".1.: C.:,:.-,-;:-.:.-..,:- el :;:oiia o S THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF JUNE, 2003, BY HARRY UTZIG, PRESIDENT OF HABAR TEXAS, INC., IN ITS CAPACITY OF 2R H.K., LTD, A TEXAS LIMITED PARTNERSHIP, ON BEHALF OF SAID PARTNERSHIP. NOTARY PUBLIC, STATE OF WARRANTY DEED, Page 3 'nENGI►BY:.HP LASERJET 3150; 4032864070; JUN •3-03 1:1(IPM; PAC1E 4 STATE OF COUNTY OF THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF JUNE, 2003,13Y KEN DELF, PRESIDE -141" OF DELF HOLDING, INC., IN ITS CAPACITY OF 2R H,K., LTD, A TEXAS LIMITED PARTNERSHIP, ON BEHALF OF SAID PARTNERSHIP. STATE OF COUNTY OF :cr el THIS INSTR 1z* WAS ACKNOWLEDGED BEFORE MON THE S -41 R DAY OF JUNE, 2003, BY HARRY UT21G, PRESIDENT OF HAMAR TEXAS, INC., IQIr2'X C MACITY OF 2R H.K., LTD, A TEXAS LIMI'T'ED PARTNERSHIP, ON •�`':t r` : OF SAIL) PARTNERSHIP. WARRANTY DEED, Page 3 FILED D REG: OFFICIAL PUBLI 'ECORDS 06-19_200 i 02:06 PM 2003057043 AN RSON $17.00 NANCYE RISTENTUNTAERK LAUNTYTEX RECORDERS MEMORANDUM Ali or part of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT A BEING 0.64 of and acre of land out of the SAMUEL JENKINS SURVEY,.ABSTRACT N0. 347, WILLIAMSON•COUNTY, TEXAS, and being a part of that certain 126.68 acre tract of land described in a deed to William R. Kitts recorded in Volume 1561, Page 663, official Rcords, Williamson County, Texas, and being more particularly described by metes and bounds as follows, to wit! BEGINNING at an iron rod set in the south line of High Country 91vd., from which an iron.rod found at the Intersection of the west line of said 126.68'acre-tract and the south line of said High Country Blvd. bears S 64' 07' 30".W a distance of 373.20 feet; THENCE 5 25' 52' 30" E a distance of 245.00 feet to an iron rod found at the southeast corner hereof, said Iron rod being in the north line of a 10.060 acre tract of land described in a deed to the City of Austin recorded in Volume 1782, Page 774, Official Records, Williamson County; • THENCE S 64' 07' 30" W a distance of 115.00 feet with the north line of said 10.060 acre tract to an iron rod found at the southwest corner hereof; THENCE N 25' 52' 30" W a.distance of 225.00 feet with the east line of said 10.060 acre tract to an iron rod found; THENCE an arc distance of 31.42 feet with a curve to the right, said curve having a central angle of 90' 00', a radius of 20,00 feet, a chord distance of 28.28 feet, and a chord bearing of N 19' 07' 30" E to an iron rod found in the south line of High Country Blvd.; THENCE N 64' 07' 30" E a;distance of 95.00 feet with the south line of said High Country. Bkvd. to the Place of Beginning, containing—lra4 of ' an 'acre of land, subject to easements, conditions or restrictions of record, if any. FILED REC R ED OFFICIAL PUBLIC RECORDS VPA 09-10-2003 '01:31 Pit 2003086849 JACKIE $19.00 NANCY E. ,`ISTOR LINTY CLERK WILLI" Y, TEXAS Exhibit A Sketch SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 1.72 ACRES, MORE OR LESS, OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NUMBER 347, ALSO KNOWN AS THE HIGH COUNTRY BOULEVARD TRACT, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). EXHIBIT 11 "B" The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is a single-family residence, comprised of two unplatted parcels. The Property is surrounded by standard single-family residential development to the west, north and east; City - owned property, including a water tower and basketball court, and the area homeowners' association property, lie to the south. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily - mandated 2 1/2 year period. The City's program is for provision of such services immediately upon annexation. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. 1 The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Emergency Service District No. 9. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services — Currently provided by Emergency Service District No. 9; (4) Solid waste collection - Within its corporate boundaries, the City contracts with Round Rock Refuse for residential collection only; therefore, for residential properties this service will be provided immediately upon annexation whereas any commercial ventures may continue to contract individually for solid waste collection service; (5) Operation and maintenance of water and wastewater facilities - To be provided immediately upon annexation. Existing water and wastewater facilities are shown on Exhibit "B;" additional services and connections will be available in accordance with the requirements of the City of Round Rock Subdivision and Utility Ordinances; (6) Operation and maintenance of public roads and streets, including road and street lighting — As there are none of these facilities on the Property, operation and maintenance of same is not at issue; any City acceptance of dedicated and improved rights-of-way in the future would be per the Subdivision Ordinance or additional annexation; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service - As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c) requires the City to define "full municipal services" as services provided by the City of Round Rock within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines "full municipal services." C. Section 43.056(d) does not apply to the City. 2 D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The City has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of 3 the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. G. Section 43.056(h) does not apply to the City. H. Section 43.056(i) does not apply to the City. I. Section 43.056(j) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on April 9, 2009 and April 23, 2009. At such public hearing, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City would not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). 4 L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of topography, land use, and population density, provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use which is primarily agricultural, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 Exhibit A • 00#w 41'" ode LE1II gliIiII11I1 -...li1 IIIIr11� p zr mon whobr. 041 ai .4„,wir war I • Noe pro 1'40 • " soift " rilin ion a •♦♦ i .. Or ..... ** ..... - Iry ....� ,moi.... .... .... sh. i1iikIunIk4,� I ;.�, .. �� I/111111/x�� � 1111111,.��� •$$UIIllhIIWFf���� I ci�-_ .�..11111/r � IN a �� j//�/ ����womm .s•41010-0 llaiftifasw bat= . 0 00 0 1.7.; . A pt. ..,,, w --s. • ire IF° • - Iv\ i • • Exhibit B Ordinance No. A -09-05-14-8G7 Annexing 1.72 acres located south of High Country Boulevard between High Point Drive to the east and Flower Hill Drive to the west. AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009035270 E.-Rx 05/20/2009 03:23 PM SURRATT $116.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS