O-2021-066 - 3/11/2021ORDINANCE NO, Ow2021=066
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 47694
ACRES OF LAND, OUT OF THE A. THOMAS SURVE(, ABSTRACT
NO. 6099 IN WILLIAMSON COUNTY AND THE WESTVIEW DRIVE
RIGHT-OF-WAY; FINDING THAT ALL NECESSARY AND REQUIRED
LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT
SUCH AREA 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 AND ORDINANCES NOW IN EFFECT AND TO
BE 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 he "City") is a duly constituted
Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and
WHEREAS, the City desires to annex approximately 47.94 acres of land out of
the A. Thomas Survey, Abstract No. 609, more fully described and depicted in Exhibit
"A," attached hereto and incorporated herein for all purposes (collectively the
"Property"); and
WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section
43.003, a home -rule municipality may extend to the boundaries of the municipality and
annex area adjacent to the municipality; and
WHEREAS, Texas Local Government Code, Chapter 43, Subchapter C-3,
authorizes municipalities to annex an area on the request of all property owners in an
area; and
WHEREAS, the City has received a petition for annexation from all
owners for the 47,,94 acre tract further described in Exhibit "A;" and
property
0112.20212; 00466276
WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and
incorporated herein for all purposes; and
WHEREAS, in accordance with Texas Local Government Code, Chapter 43,
Subchapter C-3, Section 43,0672, the City has negotiated and entered into a written
agreement dated March 11, 2021, with the owners of the Property regarding the
provision of services to the Property upon annexation, of which a copy of the applicable
service plan and schedule is attached hereto and incorporated herein for all purposes
as Exhibit "C;" and
WHEREAS, the City Council provided public notice and held a public hearing on
March 11, 2021, for all interested persons to attend and be heard in accordance with
Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.106; and
WHEREAS, Texas Local Government Code Section 43.1055 authorizes a
municipality to annex a road or right-of-way on the request of the owner of the road or
right-of-way of the road or the governing body of the political subdivision that maintains
the road or right -of way; and
WHEREAS, the Williamson County Commissioners Court, as the governing body
who is responsible for maintaining Westview Drive, has consented for such land to be
annexed into the City, provided in Exhibit "D," attached hereto and incorporated herein
for all purposes; and
WHEREAS, the City Council deems it appropriate to annex Westview Drive in
conjunction with the 47.94 acre annexation; and
Ia
WHEREAS, the City has complied with all requirements established under the
Texas Local Government Code necessary to take this action annexing the Property,
WHEREAS, the City Council hereby considers it appropriate to grant the petition
for annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That all of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
That the City Council has heard the arguments for and against the annexation
and has determined to grant the petition for annexation.
That the property described in Exhibit " A" is hereby annexed and brought within
the corporate limits of the City of Round Rock, Williamson County, Texas, and same is
hereby made an integral part hereof.
That the owners and future inhabitants of the area herein annexed be entitled to
all of the rights and privileges of other citizens and property owners of said City and are
hereby bound by all acts, ordinances and all other legal action now in full force and
effect and all those which may be hereafter adopted.
3
v.
That the official map and boundaries of the City, heretofore adopted and
amended be and is hereby amended so as to include the aforementioned territory as
part of the City of Round Rock, Texas.
VI.
That the City Manager 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.,
That this Ordinance shall become effective after its passage.
Ville
That the City Clerk is hereby directed and authorized to file a certified copy of this
Ordinance in the Office of the County Clerk of Williamson County, Texas.
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.
4
X.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
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 hereof 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 (�� day of
oat2ok , 2021.
Alternative 2.
READ and APPROVED on first reading this the day of
2021.
READ, APPROVED and ADOPTED on second reading this the day of
.2021.
1
CRAIG MO GAN, M� r
City of Round Rock,�ifexas
ATTEST:
1
SARA L. WHITE, City Clerk
Exhibit "A"
Property Description
Ten tracts of land and the Westview Drive Right -of -Way totaling approximately 47.94
acres of land out of the A. Thomas Survey, Abstract No. 609, Williamson County,
Texas.,
[See attached map.]
7
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Exhibit "B"
A--n-.'n''e-..,x--,,,;at*i,-o.n,.,-P,eti
tion
8
EXHIBIT
141 B 41#4
ANNEXATION PETITION
TO THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS:
The undersigned owners of the hereinafter described tract of ]-and hereby petition your
Honorable City Council to extend the present city limits so as to include as a part of the City
of Round Rock, Texas, the following described territory, to -wit:
A. Westview Addition, an unrecorded subdivision, Lot 11, R066477, approximately
5.53 acres, 3 Westview Drive.
B. Westview Addition, an unrecorded subdivision, Lot 20, R066486, approximately
4.12 acres, 4 Westview Drive.
C. Westview Addition, an unrecorded subdivision, Lot 12, R066478, approximately
5.53 acres, 5 Westview Drive.
D. Westview Addition, an unrecorded subdivision, Lot 19, R066485, approximately
3.96 acres, 6 Westview Drive.
E. Westview Addition, an unrecorded subdivision, Lot 13, R066479; approximately
5.53 acres, 7 Westview Drive.
F. Westview Addition, an unrecorded subdivision, Lot 18 R066484, approximately
3.78 acres 8 Westview Drive.
G. Westview Addition, an unrecorded subdivision, Lot 17, R066483, approximately
3.40 acres, 10 Westview Drive.
H. Westview Addition, an unrecorded subdivision, Lot 15, R06648 1, approxi"Mately-
4.71 acres, 11 Westview Drive.
I. Westview Addition, an unrecorded. subdivision, Lot 14, R066480; approximately
0
5.0 acres, 1.4 Westview Drive.
J. Westview AdditAddition,an unrecorded subdivision, Lot 16, R066482, approximately
4.08 acres, 16 Westview Drive.
K. The right-of-way for Westview Drive, for which an order was approved by the
Commissioners Court of. Williamson County, Texas onjanuary19 2021,
And being more particularly described in the sketch and description attached hereto
as Exhibi
t "A"
A. %V"esiviell, Addifi*111-10--all
.corded S111)f11 V ISIO , 1--fit 11. 110064"7,NORM "� � f � � � �ON MMM OMFISO
i hcrrh� rerflk. under imth. Ouvit:
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[3tlt'I�A \DI:KS.iR.1S111 I'lll(!I.:1N1)\1 I N
AB()V1-o-D1*S*('R1BL*D I RAC I OF LANDW.ind
(2! Thc :ihu��-dc,rrihc�l tract til� I.and, ;i, depicted ill Lxhihil ••,�1.., i� C��iiti�uouti .m,l
,1dj;tccirt 1k.1 the current �it� 1*111111's of lite Cltvof Kuund Rtwk.
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"red Robe'
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S TA 1 I I H - X Ay §
I - I A N I S N? § 0000
St !BSCRIBE"D AND SWORN; 1-0 N.116- 1311.01fl.. a nwl3r\ ruhlir. h 'is �
1011
/77-
MI.w •.M.I�Ib.Mn..'..Mw. • �..
KEVIN RAY GRIFFIN
Notary Public, State of Texas
Aamm. Expires 1244#2024
Notary ID 132824906
Westvjoew Addi*Ji*0n. an u
Gomm - - --- - M
4 Westvl*ew nove,
' ` `".�, lot 20
I hereby certify under oath that.,
(1) RICHARD NORD IS THE TRUE AND ONLY OWNER OF THE ABOVEaw
DESCRIBED I RACT OF LAND and
(2) The0. a tmct`..rd., in Exhl*bl*t'`.6_.` and
adjacent to ''^c.`'e,i4w
''�...`.`'`'.'`-.f/`.u'.'.`.'``,..'
STATE OF TEXAS .
COUNTY OF WILLIAMSON�
SUBSCRIBED AND SWORN* TO ME BEFORE, a notary publicby th]*S
day^w9vaeow- -ikvY- 2021'`'. - _-
SARAN BETH CsRt"ER
Notary ID #132604822
MY Commission Expires
August 4. 2024
Notwy Pu7iblic' ^^.z.,Texas
C. Westvi'ew Addition an unrecorded subdivision. Lot 12, -R066478,, --a roxi"matelv 5.53
acre-s. 5 Westview Dri*ve-o
I hereby certl*fy, under oath, that.*
SAND'``.A_�C.. `' .'`-.`'.''-.�..�.--.'.^`.``'..'. OVVNERS OF ...�
ABOVEm*DESCRIBED TRACT OF LAND, and
(2) The tract of land, as 0
in Exhibl*t "A". is contiguous and
adjacent to the current city limits of the City of Round Rock, Texas.
Marco Leal
Sandra Leal
STATE OF TEXAS '
COUNTY OF WILLIAMSON .
MCA -
AND SWORN TO ME BEFORE, a notary publl*c, byP'd..*0km/m0vvk"th1'6S
da of 021 A*Dv
Public., State of Texas
..`'`.'S.`
Notary ID # 129523210
My ',..'.Expires^^
e�tviewa D4Ac�tiIsS ruxima
vu ed subdI
acres. 6.Westviev� Drive.
i hereby ccrtify, under ottt�,thai:
(1} MIf:1iAF�Z, & Ui?NiSC.RUCK-lin AU, TJHFo rRM AND ONLY 0WNr%.,RS OF
IE%* ABOvt�.-F��S�t'R�3E D TRACT OF LAND,and
(2) The abov tt�+ct i,�ad, a.4 depicted in N;xfrihit Alc)Vjo is coatiguouc and
t to CWMitytq C#facen.Cfty of - Rock, Texas.
a dj Round
s"ra*l•E oF texas §
coc»W OF Nvt'LLIAMsONT §
Ruckcr
U c
�#'��fde/ � r�r�cns�
IN. 8 # �erl?X�G.
,.%,,UBSCRfHfzr) AND SWORN TO ME [3��ORE, a natmy PuDitc, btizisY
2*021 A
mid
NE MARlE LKUKAiTtS'r��"''.
Al
Notary PnbllC. Stste 01 TaXeS
�,s��j^^t Gornsn. ExDtres Dt-}+t•3QZ8
`'�'�.�,,,,,,�r`r tdoary IO 1326?t37a
E. Wtalyi*ew Addition. an unrecorded subdivision. Lot 13. R066479: aDDroxi ate1v
acres, 7 WesbLew.Drivev --- oil
I hereby certify, under oath, that:
(1) JONATHAN READING IS THE TRUE AND ONLY OWNER OF THE ABOVE-
DESCRIBED TRACT OF LAND, and
(2) The above -described tract of land,, as depicted m Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock, Texas.
STATE OF TEXAS §
COUNTY OF WILLLAMSON §
F* westvitw.. AddLtions an unrecorded subdivisio Lot 18, R066484. rox
acres 8 Westview Drive,
- =0011 0-- -1 -
I '`'`b.`~-�..'.'.``.".-.'S
(1) BRIAN JESSICA JOHNSON ARE THE TRUE AND ONLY OWNERS OF THE-..'
ft *1
"OVE DESCRMED T F iv%A
RACT 0 LAND "JUMA
(2) Theetract of land, as i*n Exhibl't "'A", i*s contiguous and
adj* acent to '`.'.'e.t'�`.^'`/.^``..`^'.^.-.'..c`'`'.`'
Jhhnso.n
STATE OF TEXAS '
.``..
COLTNI`
ED AN
St� TO OREII
S 4S SWORN ME BEF a ^'"'''`'`'`'^._._._._`'` '�w'��O wc+l
JF --
Ppbll*c, State of Texas
K WLLIAMS
rat. 4
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subdivision, L* ot 144MR0664801, -ap]2roxi,mate .0
I hereby certi*fy, under oath, thaV
(1) JESUS SOLIS `' PETRA MOYA ARE THE TRUE AND ONLY OWNERS OF
THE ABOVEarDESCRIBED�-`.'...' ``�
(2) The tract ,.s,�- as I*nE.bl'*t'^,..` and
adj
to .''..�'`'.'�'.-..',.'`.-''''^!.'..'._',..-.`aCe...,t'..
'-'
Jesus oll's
STATE OF TEXAS .
U
T
CO'-`..
(.0 -for
nc,^n
-�0 op
SUBSCRIBED AND SWORN To ME BEFORE S
../.day Of 2021 � AeD.
ubli*c,- State 6f Texas
ALAN LACY
4u THOMAS
10 lxx
e ` Notary Public
STATE OF TEXAS
*.R ID#131353211
01"tr .05,2021
My Comm, Ex
Westvi"ew Additi"on, -an unrecorded subdivisi Lot 15, R066481 a_22roximatelv 4.71
OWN=
acres. 11 Westvi*ew Drive.
I hereby certify, under oath that,#
(1) BRIAN ROBINSON IS THE TRUE '`N{. ONLY ......E. OF THE ABOVE-
DESCRIBED TRACT OF LAND and
(2) The tract .( 'a`'' as 1*n -`.
is contiguous a,/
0 9 0
adj*acent to the current city limits of the Ci*ty of Round Rock, Texas.
Brian Robi*nson
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCR--M— ED AND SWORN TO ME BEFORE, a ^,''',.A
/���-r,
day of "1641.0``-.,.
.. '.
Not
EMILY KEEFER
NOTARY PUBLIC
. STATE OF TEXAS
10 .132578290
thl"s
Svi ar,
ublic S e ofTexas
0;4
S1 L
i ded subdivi 0-t 15f* R06648161 roxi atel:z 4.71.
Westvieew Ad1d*tiort,,-an unrecor ---i! ----
acres, 1 Westview Dn*ve,.
M-M-M Now
10
I hereby certify, under oath that.
(1) BRIAN ROBINSON .^ BELINDA ALEXANDER'.ARE TH-E TRUE AND ONLY
OWNER-S OF THE ABOVEnwDESCRIBED TRACT OF LAND, and
(2) The tract of land,, as depicted in ExIlibl't "A", is contiguous and
adjacent to the current cloty 1i its of the Ci"ty of Round Rock, Texas.
Bri'an Robl*nson
__-'-
Beli*nda Alexander
STATE OF T-F-,XAS ^
COUNTY OF WILLIAMSON .
TO ..E anotl,;�114111,1111111,y by '�`
- �.__-
day of 2021 A*D
DEVYN DOWDLE
Notary Public, State of Texas
%w Comm, Expires 02s,064024
OF Notary ID 13234698..*7
fill
F tary Piibli*c, State of Texas
J. Westvi*ew Addi*ti*on an unrecorded subdivisl Lot 16, R066482, all roxiomatelvy 4.08
1 ---- I - F-M I --
acres. 16 Westvi'ew Drive.
I hereby certify,, under oath, that:
(I.) �...`^' .�._-..... .� -.F. _..__ AND ONLY OWNER OF THE ABOVE�
DESCRIBED TRACT OF LAND, and
(2) The tract of land, as depicted in Exhl*bl*t '... is contiguous and
0 a
adj'oacent to the current city 1i its of the Ci'ty of Round Rock, Texas.
Brian Robi*nson
STATE OF TEXAS §
COUNTY OF WILLIAMSON /
y 9
SUBSCRIBED AND .''..-..T-'.EpEF-.'.``»'.a.y-,��`th-Is
day2021, '."`
. . . ' b cjc*
Lj
Notary/plublic, St*f of Texas
EMILY KEEFER
NOTARY PUBLIC
STATE OF TEXAS
ID # 132578290
..-F My Comm. Expires 074 1 %*2024
-04
a a
L�iew
I111�
0
!tllllll�
-- --------- --
Exhibit "C"
Servi
ces Agreement
9
EXHIBIT
lit C it
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
WESTVIEW SOUTH OWNERS
THIS MUNICIPAL SERVICES AGREEMENT (the "Agreement") is entered into on the
day of , 2021, bbyand between the City of Round Rock, Texas, a
home -rule municipall"ty of the State of Texas (the "City"), and Bob and Amanda. Anders; Pichard
Nord; Marco and Sandra Leal; Michael and Denise Rucker; Jonathan Reading; Brian and Jessica
Johnson; Steve M. Johnson; Brian Robinson; Belinda Alexander and Jesus Solis and Petra Moya
(collectively the " Owners").
RECITALS
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered this Agreement.
WHEREAS, Section 43.0671 of the Texas Local Government Code permits a
municipality to annex an area if each of the owners of the land in an area request the annexation;
and
WHEREAS, when a municipality elects to annex such an area, the municipality is
required to enter into a written agreement with the property owners that sets forth services to be
provided by the municipality for the properties in the affected area; and
WHEREAS, the Owners own certain parcels of land situated in Williamson County,
Texas, which consists of approximately 47.94 acres of land in the City s extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit
attached hereto and incorporated herein by reference (the "Property" or the "Area"); and
WHEREAS, the Owners have filed a written request with the City foranknexation of the
Property pursuant to Section 43.0671 identified as the "Westview South Annexation" (the
"Annexation")in
; and
WHEREAS, the City and Owners desire to set forth the City services to be provided for
the Property on or after the effective date of the Annexation pursuant to Section 43.0672; and
WHEREAS, the Annexation and execution of this Agreement are subject to approval by
the governing body of the City,, d
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation.
00464928/ss2
2. INTENT. It is the intent of the City that this Agreement provide the delivery of full,
available municipal services to the Property as described herein, in accordance with State
law, which may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of the annexation, the City will provide the
municipal services set forth below. For the purposes of this Agreement, the term
" providing services" includes having services provided by any method or means by
11
which the Cityay extend municipal services to any other area of the City, including
the City's infrastructure extension policies and the developer or Owner's
participation,, in accordance with applicable State law and City ordinances, rules,
regulations and policies.
i. Fire and Police Services. The City will provide these services to the Area.
ii. Planning. Zoning, Building and Code Enforcement. The City will provide
comprehensive
nning, land development, land use, and building review,
inspection services and code enforcement in accordance with all applicable laws,
ordinances, rules, regulations and policies.,
ilia Streets and Transportation. The CI*ty will maintain Westvi*ew Drive as a public
0
nghtimofeaway in a manner that is comparable to the level of infrastructure and
infrastructure maintenance available in other parts of the City with topography,
land use, and population density similar to those reasonably contemplated or
projected in the Area.
iv. Water and Wastewater. Existing, occupied homes that are using water -well and
on -site sewer facilities on the effective date of annexation may continue to use the
same,, If, and when, the Property is developed, platted, or the current use of the
Property Changes in the future, land owners shall be required to fund and
construct necessary water and wastewater capital improvements to serve the
annexed Property in accordance with applicable State law wand the Ci"ty's
ordinances, rules, regulations and policies.
v. Solid Waste Service. Within its corporate boundaries, the City currently contracts
with Central Texas Refuse (dba "Round Rock Refuse") for residential collection
only. Any commercial development in the Area shall contract individually for
solid waste collection services.
Be It is understood and agreed that the City i*s not required to provide any service that is
not exPlicitly included in this Agreement.
4. AUTHORITY. The City and the Owners represent that they have full power authority
and legal right to execute, deliver and perform their obligations pursuant to this
2
Agreement. The Owners acknowledge that approval of the Annexation is within the sole
jurisdiction of the City's governing body. Nothing in this Agreement guarantees
favorable decisions by the City"s governing body.
5. S VERABILITYo If any part, term, or provision of this Agreement is held by the courts
al, invalid, or otherwise unenforceable, such illegality, invalidity, or
to be 1*11eg
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the parties will be construed as if the part, term, orro pvision was never a part of
the Agreement.
6. INTERPRETATION. The parties to this Agreement covenant and agree that in any
1"t*gateon relating to this Agreement, the terms and conditions of this Agreement will be
interpreted in accordance with the laws of the State of Texas.
7. GOVERNING LAW AND VENUE. This Agreement shall be enforceable in Round
Rock, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same
shall lie in Williamson County, Texas. This A.areement shall be governed by and
construed i*n accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City or surrender any of iimmunits governmental powers or does not waiveties.
9. WAIVER. The failure of either party to insist on the performance of any term of
provision of this Agreement or to exercise any right granted hereunder shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert
any such right on any future occasion.
10, COUNTERPARTS. This Agreement may be executed i*n any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
11. CAPTIONS. The captions to the various clauses of this Agreement are for information
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
12, AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE PROPERTY. This
Agreement is binding on and inures to the benefit of the parties, their successors, and
assigns. The term of this Agreement constitutes covenants runmng with the land
compromising the Property and is b*nd*mgontheOwners.
13, ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement sha11 not be amended unless executed in writing by both part les.
3
Executed as of the day and year first above written to be effective on the effective date of
the annexation of the Property,,
City of Round Rock, Texas
0
Date6
:
Attest10
:
0
Craig Morgan, Mayor
Sara L. White, City Clerk
For City, Approved as to Form0
:
Stephan L. Sheets, City Attorney
4
� WESTVIEW OWNER,16
FRED ROBER01" ANDERS JR
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by
%4,
204 A.D.
Notany Public, State of Texas
� day ofthis
nl,,, KEVIN RAY GRIFFINlo
:,� Notary Public, State of TOX&S
� �►�� y Comm. Expires 12w`144024
NotaryID 1329Za906
n
�
WESTVIEW ON"ER.6
RICHARD NORD
f
'
Richard Nord
WESTVIEW ONVNER,0
MARCO AND SANDRA LEAL
7
Marco Leal
Sandra Leal
wool*
Ir
W��'.,..'.}..'���
MICHAEL AND DENISE RUCKER
_ - --._.'
WESTVIEW OWNER:0
JONATHAN READING
►�1
WESTVIEW OWNER:
BRIAN AND JESSICA JOHNSON
10
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WESTVIEW OWNER:0
JESUS SOLIS & PETRA MOYA
12
Jesus Solis
Petra Moya
WESTVIEW OWNER:
BRIAN ROBINSON
13
Brian Robinson
WESTVIEW OWNER,
BELINDA ALEXANDER
14
Bel* da Alex der
Exhibit "D"
Order to Annex Westview Drive
10
OITI)ER REGAI►TNG ANrC��TI4N f3T WETVI�W DRI'Y� I�T'�C? THE C�T'Y
LIMiT� U...F R.0�fiD''UCK. TElisp-
0-8 010,10,08 ........ 4
WI�REEIS, the City' cif Ro�rnd Rac1�, Texas (fhe "�iiy"} desires tc� �nnex Westfield
I}r ve frarn Gattis Sahoc�X Road to its ac-od:hereto; end
: .*
WHEIt A.S, bection 43.1455now 0request rnunca- annexation ..,
cpubToty adrx+ays
Wthe Cases
hereby 01Un
quests `that the Gii� off' Raund Rock, Teas a�n�x Westfield Drive
frtam �'rattis ho0i Roa�1 fic� its terminus as h0M ��chibit `<A'> , rota the city limits cif Round
Rock, Teas.
SI{aNET3 phis �' day*2fl
----------------------- ------------------- ---
C��INTY JUDt
BILL GR�.V�L.,, JTt.
A--ttest;
Nancy
L W,
bilb.-
---------------------
�, tlllli►''s=now
IL
IL
ELECTRONICALLY RECORDED 2021036192
Williamson County, Texas Total Pages:42
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am
the custodian of the public records maintained by the City of Round Rock and the attached is a
true and correct copy of Ordinance No. 0-2021-066 which annexes 47.94 acres land along
Westview Drive, south of Gattis School Road into the city limits of Round Rock. This ordinance
was approved and adopted at a regular meeting held by the City Council on the 11th day of March
2021 and recorded in the City Council minute book no. 63.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 15th day of March
2021.
SARA L. WHITE, TRMC, City Clerk
a' 14.
2021036192 Page 2 of 42
ORDINANCE NO. 0-2021-066
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 47.94
ACRES OF LAND, OUT OF THE A. THOMAS SURVEY, ABSTRACT
NO. 609, IN WILLIAMSON COUNTY AND THE WESTVIEW DRIVE
RIGHT-OF-WAY; FINDING THAT ALL NECESSARY AND REQUIRED
LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT
SUCH AREA 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 AND ORDINANCES NOW IN EFFECT AND TO
BE 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 (the "City") is a duly constituted
Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and
WHEREAS, the City desires to annex approximately 47.94 acres of land out of
the A. Thomas Survey, Abstract No. 609, more fully described and depicted in Exhibit
"A," attached hereto and incorporated herein for all purposes (collectively the
"Property"); and
WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section
43.003, a home-rule municipality may extend to the boundaries of the municipality and
annex area adjacent to the municipality; and
WHEREAS, Texas Local Government Code, Chapter 43, Subchapter C-3,
authorizes municipalities to annex an area on the request of all property owners in an
area; and
WHEREAS, the City has received a petition for annexation from all property
owners for the 47.94 acre tract further described in Exhibit "A;" and
0112.20212;00466276
2021036192 Page 3 of 42
WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and
incorporated herein for all purposes; and
WHEREAS, in accordance with Texas Local Government Code, Chapter 43,
Subchapter C-3, Section 43.0672, the City has negotiated and entered into a written
agreement dated March 11, 2021, with the owners of the Property regarding the
provision of services to the Property upon annexation, of which a copy of the applicable
service plan and schedule is attached hereto and incorporated herein for all purposes
as Exhibit "C;" and
WHEREAS, the City Council provided public notice and held a public hearing on
March 11, 2021, for all interested persons to attend and be heard in accordance with
Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.106; and
WHEREAS, Texas Local Government Code Section 43.1055 authorizes a
municipality to annex a road or right-of-way on the request of the owner of the road or
right-of-way of the road or the governing body of the political subdivision that maintains
the road or right-of way; and
WHEREAS, the Williamson County Commissioners Court, as the governing body
who is responsible for maintaining Westview Drive, has consented for such land to be
annexed into the City, provided in Exhibit "D," attached hereto and incorporated herein
for all purposes; and
WHEREAS, the City Council deems it appropriate to annex Westview Drive in
conjunction with the 47.94 acre annexation; and
2
2021036192 Page 4 of 42
WHEREAS, the City has complied with all requirements established under the
Texas Local Government Code necessary to take this action annexing the Property,
WHEREAS, the City Council hereby considers it appropriate to grant the petition
for annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That all of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
II.
That the City Council has heard the arguments for and against the annexation
and has determined to grant the petition for annexation.
III.
That the property described in Exhibit "A" is hereby annexed and brought within
the corporate limits of the City of Round Rock, Williamson County, Texas, and same is
hereby made an integral part hereof.
IV.
That the owners and future inhabitants of the area herein annexed be entitled to
all of the rights and privileges of other citizens and property owners of said City and are
hereby bound by all acts, ordinances and all other legal action now in full force and
effect and all those which may be hereafter adopted.
3
2021036192 Page 5 of 42
V.
That the official map and boundaries of the City, heretofore adopted and
amended be and is hereby amended so as to include the aforementioned territory as
part of the City of Round Rock, Texas.
VI.
That the City Manager 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.
VII.
That this Ordinance shall become effective after its passage.
VIII.
That the City Clerk is hereby directed and authorized to file a certified copy of this
Ordinance in the Office of the County Clerk of Williamson County, Texas.
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.
4
2021036192 Page 6 of 42
X.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
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 hereof 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 I I day of
, 2021.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2021.
READ, APPROVED and ADOPTED on second reading this the day of
, 2021.
5
2021036192 Page 7 of 42
/ I
CRAIG MORGAN, Mayor
City of RouLnd Rock,Texas
ATTEST:
SARA L. WHITE, City Clerk
6
2021036192 Page 8 of 42
Exhibit "A"
Property Description
Ten tracts of land and the Westview Drive Right-of-Way totaling approximately 47.94
acres of land out of the A. Thomas Survey, Abstract No. 609, Williamson County,
Texas.
[See attached map.]
7
2021036192 Page 9 of 42
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2021036192 Page 10 of 42
Exhibit "B"
Annexation Petition
8
2021036192 Page 11 of 42
EXHIBIT
ANNEXATION PETITION
TO THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS:
The undersigned owners of the hereinafter described tract of land hereby petition your
Honorable City Council to extend the present city limits so as to include as a part of the City
of Round Rock,Texas,the following described territory, to-wit:
A. Westview Addition, an unrecorded subdivision, Lot 11,R066477, approximately
5.53 acres, 3 Westview Drive.
B. Westview Addition, an unrecorded subdivision, Lot 20,R066486, approximately
4.12 acres,4 Westview Drive.
C. Westview Addition, an unrecorded subdivision,Lot 12,R066478, approximately
5.53 acres, 5 Westview Drive.
D. Westview Addition, an unrecorded subdivision, Lot 19,R066485,approximately
3.96 acres,6 Westview Drive.
E. Westview Addition, an unrecorded subdivision,Lot 13,R066479;approximately
5.53 acres, 7 Westview Drive.
F. Westview Addition,an unrecorded subdivision,Lot 18,R066484,approximately
3.78 acres 8 Westview Drive.
G. Westview Addition,an unrecorded subdivision,Lot 17,R066483,approximately
3.40 acres, 10 Westview Drive.
H. Westview Addition,an unrecorded subdivision, Lot 15,R066481,approximately
4.71 acres, 11 Westview Drive.
I. Westview Addition, an unrecorded subdivision, Lot 14,R066480; approximately
5.0 acres, 14 Westview Drive.
J. Westview Addition,an unrecorded subdivision,Lot 16,R066482, approximately
4.08 acres, 16 Westview Drive.
K. The right-of-way for Westview Drive, for which an order was approved by the
Commissioners Court of Williamson County,Texas on January 19,2021.
And being more particularly described in the sketch and description attached hereto
as Exhibit"A"
1
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ge
2021036192 Page 12 of 42
.A. \Vest icw Addition.an unrecorded subdivision, Lot I I. IZf0477,approximately 5.5 s
acres,3 1Vestriew Drive.
I hereh+ ccrtil't.under uath.that:
(I) I'RED ROBERT ANDERS JR. IS I I IF 'Mt ANI) t}N1 1 t►1\NI It t II
1111: AIR(►VI.-DI St Rllil;l) I RAC! O1"I.ANI).and
(2I The abate-described tract of land. as depicted in Inhibit ".S", is conlie.uous .ind
adjacent to the current cit) limits of the('it} of Round Ite►cl.. I
Fred Rohe Anders Jr.—
SIAIFOl
COI;ND' t}t' \\ILI.IA\ESt IN § .01 0.1
(/[�/.
1
St IBSCRIBED AND SWORN ft) \i!: ETORl..a Wotan public.b) Kin _ N us
da) of l'! .2021. An.
nun, Not Public.State of resits
(IF`�'rikiy KEVIN RAY GRIFFIN
:i Notary Public,State of Texas
tt Iomm.Expires 12-14.2024
'07•11;ttr'-+ Notary ID 132824906
4 9
2021036192 Page 13 of 42
B. Westview Addition.an unrecorded subdivision.Lot 20.R066486.annroximatelv 4.12
acres,4 Westview Drive.
I hereby certify,under oath,that:
(I) RICHARD NORD IS THE TRUE AND ONLY OWNER OF THE ABavE-
DESCRIBED TRACT OF LAND,and
(2) The above-described tract of land,as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
i100(7/;;;;',
ichard Nord
i
STATE OF TEXAS
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by tkelard p4 this
t day of ct6uart.) , 2021,A.D.
.►` SARAH BETH GRIMMER
4 PAr. 1, Notary ID it 326041322
My Commission Expires 1.
� August 4,2024 Notary Pu lic, State of Texas
(Seal)
2021036192 Page 14 of 42
C. Westview Addition,an unrecorded subdivision,Lot 12,R066478,approximately 5.53
acres,5 Westview Drive.
I hereby certify,under oath,that:
(1) MARCO & SANDRA LEAL ARE THE TRUE AND ONLY OWNERS OF THE
ABOVE-DESCRIBED TRACT OF LAND, and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
(J94 Pe
AI 44,, /IL
•wait
Marco Leal
S 0
Sandra Leal
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by Leto this
\O`w`' day of 1„J, l 9 2021,A.D.
� I
- .
Public, State of Texas
(Seal)
,A` KELLY PATTERSON
4 Notary ID#129523210 0
4 1y My Commission Expires
1 °Ai'7,,- August 13,2021 0
gI
4I
2021036192 Page 15 of 42
D. Wcstview Addition,an unrecorded subdivision.Lot 191RO66485,approximately 3.96
acres.6 Westview Drive.
I hereby certify,under oath,that:
(1)MICHA sEL & DENISE RUCKI?R ARE THE TRUE AND ONLY OWNERS OF
THE ABOVE-DESCRIBED TRACT OF LAND,and '
(2)The above-deseribcd tract of land,as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
Michael Rucker
e4A-'
'se Rucker
}
STATE OF TEXAS §
COUNTY OF WILLIAMSON § is¢rGi,re/ Dr,cn,sc
SUBSCRIBED AND SWQRN TO ME BEFORE,a notarycreK�'
of public,by this
' ee ,2021, A.D.
RlM� YAV
`��","n Yv014NE MARIE LAUKAms , �
=pr ` tiolory Public.State of T*xis
•
y. << Gomm.Expires 01-14.2025 0 No Pub it;State of Texas
Vat Noary ID 132871374
tac4al}
II
2021036192 Page 16 of 42
E. Westview Addition,an unrecorded subdivision.Lot 13.R066479:approximately 5.53
acres.7 Westview Drive.
I hereby certify,under oath,that:
(1) JONATHAN READING IS THE TRUE AND ONLY OWNER OF THE ABOVE-
DESCRIBED TRACT OF LAND,and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
nathan Reading
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by ,,,, s
day of ,-7,2021,A.D.
TRISTEN JENl4NS
�� Notary Public,State of Texas ':
't*141.1111 My Comm.Exp.1i09- c4iL
ublic,State of Texas
y " ID No.1317923a9
2021036192 Page 17 of 42
F. Westview Addition.an unrecorded subdivision.Lot 18.R066484.anoroximately 3.78
acres 8 Westview Drive.
I hereby certify,under oath,that:
(1) BRIAN & JESSICA JOHNSON ARE THE TRUE AND ONLY OWNERS OF THE
ABOVE-DESCRIBED TRACT OF LAND, and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
1t1 ►J hnson
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STATE OF TEXAS §
COUNTY OF W4141AMSON §i015
J 'fCd` ti4A t4
St. SCRIBED AN SWORN TO ME BEFORE,a notary public,by this P,t./AA J
f`46i-Vt day of t 2021,A.D.
N P blic,State of Texas
(Seal)
. K WILLIAMS
r°�► Notary Public,State of Texas
y1%7 My Lamm.Exp.12.13.2021
',Tcr ' ID No.13137889.1
GG 5::9v sOAF`r::: .4. :444
2021036192 Page 18 of 42
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t3; ST V. T JOilt SC N IS THE TRUE AND ONLY OWN OE Th t`#, •VE' ,
DESCRIBED TRACT OFtA , • ,• N
1.2) td.. 1ve4kkt�t tt or lE r. t itti to. lbit"A*•%tt i °"�: .. cI'"
adjacent to the Ctittent City•fttt}it*Oft the City or Prod Rotk.T*$ h .
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STATE OF TEXAS - ,
COUNTY ,i441,444USON• § - .
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SUBSCRIBED AND SWORN d41.TO BEFORE notarypublic •
0 _**,,.- "'!• .'day ' -il .�r 4 . .20,2.E 'AD." • "
. : ,P1. Public,State OT
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2021036192 Page 19 of 42
I. Westview Addition,an unrecorded subdivision,Lot 14,R066480; approximately 5.0
acres, 14 Westview Drive.
I hereby certify, under oath,that:
(1) JESUS SOLIS & PETRA MOYA ARE THE TRUE AND ONLY OWNERS OF
THE ABOVE-DESCRIBED TRACT OF LAND, and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
Jesus olis
Petra.Moya
STATE OF TEXAS §
COUNTY OF ON §
t( -Prr cm 5d1:5
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by !e ,!0 this
day of L ,2021,A.D.
2
1:7 -11gnja c,State f Texas
(Seal)
I ‘0,14TZN, THOMAS ALAN LACY
VA Notary Pub'IC }
t *) STATE OF TEXAS
q,R of,�;" 1D#131353211
! . M Comm Ex .Dco 05,2021
2021036192 Page 20 of 42
H. Westview Addition,an unrecorded subdivision.Lot 15,R066481,approximately 4.71
acres, 11 Westview Drive.
I hereby certify,under oath,that:
(1) BRIAN ROBINSON IS THE TRUE AND ONLY OWNER OF THE ABOVE-
DESCRIBED TRACT OF LAND,and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
Brian Robinson
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by this
gal day of��- .,2021,A.D. C/ar ,
Nota ublic, S e of exas
(Seal)
4 ao�P Y a ear EMILY KEEFER
NOTARY PUBLIC
* 'l * STATE OF TEXAS '
N'19e 1"V My Comm.E pi es 801 2°1-2024
1
W
2021036192 Page 21 of 42
H. Westview Addition, an unrecorded subdivision, Lot 15,R066481,approximately 4.71
acres, 11 Westview Drive.
I hereby certify,under oath,that:
(1) BRIAN ROBINSON & BELINDA ALEXANDER ARE THE TRUE AND ONLY
OWNERS OF THE ABOVE-DESCRIBED TRACT OF LAND, and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
Brian Robinson
(Le
Belinda Alexander
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE, a notary public,by this
J j) tL" day of 1b ,2021,A.D.
DEVYN DOWDIE
`
_ � Notary Public,State of Texas
" : Comm.Expires 02-06-2024 tary Public, State of Texas
'ont Notary ID 13234698-7
' cStai)
2021036192 Page 22 of 42
J. Westview Addition.an unrecorded subdivision,Lot 16,R066482,approximately 4.08
acres. 16 Westview Drive.
I hereby certify,under oath, that:
(1) BRIAN ROBINSON IS THE TRUE AND ONLY OWNER OF THE ABOVE-
DESCRIBED TRACT OF LAND,and
(2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
Brian Robinson
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by this
day ofF ,2021,A.D. icseiPee, Gc,,,,, , f
•
Not a blic, St of Texas
(Seal)
4 ,sPaY a m EMILY KEEPER !
NOTARY PUBLIC
* * STATE OF TEXAS
'r, ry ID#132578290
FOF'',pE My Comm.Expires 07.21-2024
5
2021036192 Page 23 01 42
EXHIBIT 'A'
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2021036192 Page 24 of 42
Exhibit "C"
Services Agreement
9
2021036192 Page 25 of 42
EXHIBIT
„C„
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK,TEXAS
AND
WESTVIEW SOUTH OWNERS
THIS MUNICIPAL SERVICES AGREEMENT(the"Agreement") is entered into on the
day of , 2021, by and between the City of Round Rock, Texas, a
home-rule municipality of the State of Texas(the"City"), and Bob and Amanda Anders; Richard
Nord; Marco and Sandra Leal; Michael and Denise Rucker; Jonathan Reading; Brian and Jessica
Johnson; Steve M. Johnson; Brian Robinson; Belinda Alexander and Jesus Solis and Petra Moya
(collectively the"Owners").
RECITALS
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered this Agreement.
WHEREAS, Section 43.0671 of the Texas Local Government Code permits a
municipality to annex an area if each of the owners of the land in an area request the annexation;
and
WHEREAS, when a municipality elects to annex such an area, the municipality is
required to enter into a written agreement with the property owners that sets forth services to be
provided by the municipality for the properties in the affected area; and
WHEREAS, the Owners own certain parcels of land situated in Williamson County,
Texas, which consists of approximately 47.94 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit "A,"
attached hereto and incorporated herein by reference(the "Property"or the"Area"); and
WHEREAS, the Owners have filed a written request with the City for annexation of the
Property pursuant to Section 43.0671, identified as the "Westview South Annexation" (the
"Annexation");and
WHEREAS, the City and Owners desire to set forth the City services to be provided for
the Property on or after the effective date of the Annexation pursuant to Section 43.0672;and
WHEREAS,the Annexation and execution of this Agreement are subject to approval by
the governing body of the City; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,the City and the Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation.
00464928/ss2
2021036192 Page 26 of 42
2. INTENT. It is the intent of the City that this Agreement provide the delivery of full,
available municipal services to the Property as described herein, in accordance with State
law,which may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of the annexation, the City will provide the
municipal services set forth below. For the purposes of this Agreement, the term
"providing services" includes having services provided by any method or means by
which the City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and the developer or Owner's
participation, in accordance with applicable State law and City ordinances, rules,
regulations and policies.
i. Fire and Police Services. The City will provide these services to the Area.
ii. Planning, Zoning, Building and Code Enforcement. The City will provide
comprehensive planning, land development, land use, and building review,
inspection services and code enforcement in accordance with all applicable laws,
ordinances,rules,regulations and policies.
iii. Streets and Transportation. The City will maintain Westview Drive as a public
right-of-way in a manner that is comparable to the level of infrastructure and
infrastructure maintenance available in other parts of the City with topography,
land use, and population density similar to those reasonably contemplated or
projected in the Area.
iv. Water and Wastewater. Existing, occupied homes that are using water-well and
on-site sewer facilities on the effective date of annexation may continue to use the
same. If, and when,the Property is developed, platted, or the current use(s)of the
Property changes in the future, land owners shall be required to fund and
construct necessary water and wastewater capital improvements to serve the
annexed Property in accordance with applicable State law and the City's
ordinances,rules,regulations and policies.
v. Solid Waste Service. Within its corporate boundaries,the City currently contracts
with Central Texas Refuse (dba "Round Rock Refuse") for residential collection
only. Any commercial development in the Area shall contract individually for
solid waste collection services.
B. It is understood and agreed that the City is not required to provide any service that is
not explicitly included in this Agreement.
4. AUTHORITY. The City and the Owners represent that they have full power authority
and legal right to execute, deliver and perform their obligations pursuant to this
2021036192 Page 27 of 42
Agreement. The Owners acknowledge that approval of the Annexation is within the sole
jurisdiction of the City's governing body. Nothing in this Agreement guarantees
favorable decisions by the City's governing body.
5. SEVERABILITY. If any part,term,or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the parties will be construed as if the part, term, or provision was never a part of
the Agreement.
6. INTERPRETATION. The parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of this Agreement will be
interpreted in accordance with the laws of the State of Texas.
7. GOVERNING LAW AND VENUE. This Agreement shall be enforceable in Round
Rock, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same
shall lie in Williamson County, Texas. This Agreement shall be governed by and
construed in accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers or immunities.
9. WAIVER. The failure of either party to insist on the performance of any term of
provision of this Agreement or to exercise any right granted hereunder shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert
any such right on any future occasion.
10.COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
11.CAPTIONS. The captions to the various clauses of this Agreement are for information
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
12.AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE PROPERTY. This
Agreement is binding on and inures to the benefit of the parties, their successors, and
assigns. The term of this Agreement constitutes covenants running with the land
compromising the Property and is binding on the Owners.
13.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
3
2021036192 Page 28 of 42
Executed as of the day and year first above written to be effective on the effective date of
the annexation of the Property.
City of Round Rock,Texas
By:
Craig Morgan,Mayor
Date:
Attest:
By:
Sara L. White, City Clerk
For City,Approved as to Form:
By:
Stephan L. Sheets, City Attorney
1
E
4
2021036192 Page 29 of 42
WESTVIEW OWNER:
FRED ROBERT ANDERS JR
FR. BERT ANDERS JR
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by
l` •••r+ l��` /'• this s. day of 'I ,
20 7 l , A.D.
KEVIN flAY GRIFFIN
�--///Z
{ Not
Pblic.State o1 Texss
Notary Public.State of Texas i. z Comm.Expires 12.14-2024
;a,��.�` Notary ID 13292490E
2021036192 Page 30 of 42
WESTVIEW OWNER:
RICHARD NORD
i �e&alcictt,
Nora I
6
2021036192 Page 31 of 42
WESTVIEW OWNER:
MARCO AND SANDRA LEAL
Marco Leal
Sandra Leal
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2021036192 Page 32 of 42
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WESTVIEW OWNER:
MICHAEL AND DENISE RUCKER
7114/6/.1/14
Michael Rucker
. 1/(// //(4(
Denise Rucker
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2021036192 Page 33 of 42
WESTVIEW OWNER:
JONATHAN READING
0 ter ..... �
Jo than Read''g
9
2021036192 Page 34 of 42
WESTVIEW OWNER:
BRIAN AND JESSICA JOHNSON
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2021036192 Page 35 of 42
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WESTVIEW OWNER:
STEVE M.JOHNSON
S
eve .Johnson
A
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2021036192 Page 36 of 42
WESTVIEW OWNER:
JESUS SOLIS&PETRA MOYA
Jess Solis
-)64--\(14
Petra Mo a
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2021036192 Page 37 of 42
WESTVIEW OWNER:
BRIAN ROBINSON
iil4 .
Brian Robinson
C9C
13
3
2021036192 Page 38 of 42
WESTVIEW OWNER:
BELINDA ALEXANDER
Belinda Alexander
14
2021036192 Page 39 of 42
Exhibit "D"
Order to Annex Westview Drive
10
2021036192 Page 40 of 42
EXHIBIT
ORDER REGARDING ANNEXATION OF WESTVIEW DRIVE INTO THE CITY
LIMITS OF ROUND ROCK,TEXAS
WHEREAS,the City of Round Rock,Texas(the"City") desires to annex Westfield
Drive from Gattis School Road to its terminus as shown on Exhibit"A",attached hereto; and
WHEREAS,Section 43.1055 now allows the County to request municipal annexation of
county roadways;
NOW,THEREFORE,the Commissioners Court of Williamson County,Texas,does
hereby order the following:
The County hereby requests that the City of Round Rock,Texas annex Westfield Drive
from Gattis School Road to its terminus as shown on Exhibit"A",into the city limits of Round
Rock,Texas.
SIGNED this IS day of 2021.
COUNTY JUDGE
BILL GRAVELL,JR.
Attest:
Nancy Ris nty Clerk
2021036192 Page 41 of 42
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2021036192 Page 42 of 42
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2021036192
Pages: 42 Fee: $181 .00
03/15/2021 12:17 PM
�AS E Of
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Nancy E. Rister,County Clerk
Williamson County,Texas