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R-11-04-28-12B6 - 4/28/2011RESOLUTION NO. R -11-04-28-12B6 WHEREAS, by Resolution No. R -11-03-24-11B2, the City of Round Rock authorized the creation of the Chandler Creek Business Park Public Improvements District ("PID") and by Ordinance No. G -11-03-24-10A1 approved the assessment roll and levied the assessment on the property within the PID boundaries, and WHEREAS, the City now wishes to accept a Bill of Sale from the owners of the PID for the wastewater line and related improvements and authorize the payment of $475,161 for same, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Council hereby accepts on behalf of the City a Bill of Sale from the owners of the Chandler Creek Business Park Public Improvements District for the wastewater line and related improvements and authorizes the payment of $475,161 for same, a copy of said Bill of Sale 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 28th day of April, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:Awdox\SCCIntsV0112\1104`.MUNICIPAL'00219928.DOC/nnc EXHIBIT „A» BILL OF SALE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL PERSONS BY THESE PRESENTS; That we, Chandler Creek Parcel G&I, L.P., hereinafter referred to herein as "Seller," in consideration of the payment of the sum of Four Hundred Seventy-five Thousand, One Hundred Sixty -One and no/100 Dollars ($475,161.00), receipt of such payment is hereby acknowledged, does hereby sell and transfer to the City of Round Rock, Texas, the following described property located in Williamson County, Texas: Approximately 3,800 linear feet of 10" wastewater line and related appurtenances, valves, manholes, etc., installed within the Wastewater Line Easements previously conveyed to the City of Round Rock in Document No. 2010059163, of the Official Public Records of Williamson County, Texas, Document No. 2010049643 of the Official Public Records of Williamson County, Texas, and Document No. 2010058162 of the Official Public Records of Williamson County, Texas, all of which are located along the western boundary of Sunrise Road, Round Rock, Williamson County, Texas. Seller warrants that it is the lawful owner in every respect of all of the described property and that such property is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Seller binds itself, its successors and assigns, to warrant and defend the title to all of the described property to Buyer, forever against every person lawfully claiming the described property or any part of it. IN WITNESS WHEREOF, this Bill of Sale is executed on the Zo day of /9? 2011. Bill of Sale- FINAL- 4-20-11 (00220414).DOC Chandler Creek Parcel G&I, L.P., a Texas limited partnership By: Chandler Creek Company, a Delaware corporation, its General Parer ;JZ.- Burke, President ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 1266. Ci Council A_enda Summar Sheet Agenda Caption: Consider a resolution accepting a Bill of Sale from the owners of the Chandler Creek Business Park PID wastewater line and related improvements and authorizing the payment of $475,161 for same. Meeting Date: April 28, 2011 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: This resolution accepts a Bill of Sale from the owners of the Chandler Creek Business Park PID wastewater line and related improvements and authorizing the payment of $475,161. On November 4, 2010 a petition was submitted by Chandler Creek L.P. After analyzing the request, it was determined the improvements would be of special benefit to the property. The City reviewed and created a five year service and assessment plan. The improvements consist of a wastewater collection line serving the property. The City has determined that the cost acquisition cost of the improvements plus the cost of creating the district is $500,161. An interest rate of 5.25% shall be assessed against the property. The property shall be paid on a per - acre, pro -rata basis, in five equal annually installments. Chapter 372 of the Local Government code of the State of Texas authorizes the creation of Public Improvement District's by Cities. A Public Improvement District (PID) is a special tax assessment agreement between the City and property owners within a specified district to fund public improvements beyond existing municipal services. A PID may be formed to address any type of public improvement or service; it has the authority to issue debt and to impose a levy against real and personal property within the district. At the March 24, 2011 meeting, Council adopted a resolution authorizing the creation of the PID and adopted an ordinance approving the assessment roll and levying the assessment on the property within the PID boundaries. Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City Government. 13. Continue and enhance sound business and financial practices and tools. Cost: $475,161.00 Source of Funds: Chandler Creek PID Assessments Date of Public Hearing (if required): Public Hearing was held March 24, 2011 Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS BILL OF SALE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL PERSONS BY THESE PRESENTS; That we, Chandler Creek Parcel G&I, L.P., hereinafter referred to herein as "Seller," in consideration of the payment of the sum of Four Hundred Seventy-five Thousand, One Hundred Sixty -One and no/100 Dollars ($475,161.00), receipt of such payment is hereby acknowledged, does hereby sell and transfer to the City of Round Rock, Texas, the following described property located in Williamson County, Texas: Approximately 3,800 linear feet of 10" wastewater line and related appurtenances, valves, manholes, etc., installed within the Wastewater Line Easements previously conveyed to the City of Round Rock in Document No. 2010059163, of the Official Public Records of Williamson County, Texas, Document No. 2010049643 of the Official Public Records of Williamson County, Texas, and Document No. 2010058162 of the Official Public Records of Williamson County, Texas, all of which are located along the western boundary of Sunrise Road, Round Rock, Williamson County, Texas. Seller warrants that it is the lawful owner in every respect of all of the described property and that such property is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Seller binds itself, its successors and assigns, to warrant and defend the title to all of the described property to Buyer, forever against every person lawfully claiming the described property or any part of it. 2011. IN WITNESS WHEREOF, this Bill of Sale is executed on the2o1day of /df7r/4, Chandler Creek Parcel G&I, L.P., a Texas limited partnership By: Chandler Creek Company, a Delaware corporation, its General P By: Bill of Sale- FINAL- 4-20-11 (00220414).DOC /z Burke, President April 22, 2011 Mr. Steve Sheets, City Attorney Sheets & Crossfield 309 E Main Round Rock, Texas 78664-5246 Re: Chandler Creek Business Park — Public Improvement District Dear Steve: I have enclosed the signed originals of the Bill of Sale document. Thanks again for all of your assistance in the PID creation. If you have further questions, please feel free to contact me at (512) 439-4057, or via email at dsour@burkegroup.net . David A. Sour VP — Brokerage & Development Encl. ■ BURKE im• BURKE REAL ESTATE GROUP 2590 OAKMONT DRIVE SUITE 210 ROUND ROCK, TX. 78665 TEL: 512.439.4050 FAx: 512.439.4051 WWW.B U RKEGROUP.NET