O-2022-334 - 10/27/2022 ORDINANCE NO. 0-2022-334
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.12
ACRES OF LAND, OUT OF THE WILLIAM BARKER SURVEY NO. 47,
ABSTRACT NO. 109, IN TRAVIS COUNTY, TEXAS; 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 3.12 acres of land out of the
William Barker Survey Number 47, Abstract No.109, 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 3.12 acre tract further described in Exhibit "A;" and
0112.20222;4884.0949.3301
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 October 27, 2022, 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
October 27, 2022, 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, 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:
I.
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.
2
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.
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
3
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.
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
2022.
4
Alternative 2. `
READ and APPROVED on first reading this the day of
2022.
READ, APPROVED and ADOPTED on second reading this the day of
2022.
CRAIGI�Ac A,N, Mayor
City of Round Rock, Texas
ATTEST:
an
Meag ffy
S inClelk
Exhibit "A"
Property Description
[See attached Legal Description.]
6
Exhibit A
IV7401B Highway 71 West,Suite 160
Austin,TX 78735
Office:512.583.2600
DO U C E T Fax:512.583.2601
L Doucetengineers.com
3.12-Acre Tract D&A Job No.2257-003
Williamson and Travis County,Texas August 10,2022
DESCRIPTION
3.12 Acre Tract
BEING A 3.12 ACRE TRACT OF LAND OUT THE WILLIAM BARKER SURVEY NUMBER 47,
ABSTRACT NUMBER 109,IN TRAVIS COUNTY,TEXAS,BEING PART OF A 5.368 ACRE TRACT
CONVEYED TO ROUND ROCK KOREAN PRESBYTERIAN CHURCH, RECORDED IN
DOCUMENT NUMBER 2008092732 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY TEXAS [O.P.R.W.C.T.1, SAID 3.12 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a"mag nail"with"Doucet"shiner,set for the northeast line of said Lot 8,for the common southeast line of Cade
Lake drive of Final Plat Warner Phase Two, Section Four, recorded in Document Number 2016108667 of the Plat Records of
Williamson County,Texas[P.R.W.C.T.],same being in the northwest corner of said 5.368 acre tract;
THENCE S63022'15"E,with the common line and of said 5.368 acre tract and said Cade Lake drive,a distance of 25.17 feet to
a"mag nail"with"Doucet"shiner,set same being the common south line of said Block G,of the Final Plat Warner Ranch Phase
Two,Section four,of Lot 43,and the northeast corner of said 5.368 acre tract;
THENCE S62022'5 VE,with the common line and of said 5.368 acre tract and said Cade Lake drive,passing a distance of 11.08'
the southwest corner of lot 50 and continuing for a total distance of 550.65 feet to 1/2 inch iron rod found,same being the common
south corner of said Block G,of the Final Plat Warner Ranch Phase Two,Section four,of Lot 43,and the northeast corner of said
5.368 acre tract;
THENCE S27037'29"W,with the common line of a called 1.52 acre tract of land conveyed to Rahim Manjiyan in Document
Number 2017014913 of the [O.P.R.W.C.T.] and described vol. 2058, pg. 239 of the Deed Records of Travis County, Texas
[D.R.T.C.T.] and of said 5.368 acre tract, a distance of 369.66 feet to 5/8 inch iron rod found an angle point of said 5.368 acre
tract;
THENCE S52038'21"W,continuing along the common line of said called 1.52 acre tract of land a distance of 19.10 feet to a 1/2
iron rod with Rippy inc,found for the southeast corner of said 5.368 acre tract;
THENCE N67047'31"W,with the common line of said called 1.52 acre tract of land and Cambridge Heights Phase B,Section 4
Final Plat, recorded in Cabinet T, Slide 118 and Document number 2000068831 [P.R.W.C.T.], a distance of 209.78 feet to 1/2
inch iron rod with Doucet cap,set for an angle point of the tract described herein;
THENCE N27046'26"E,over and across said 5.368-acre tract,a distance of 267.12 feet to 1/2 inch iron rod with Doucet cap,and
for an angle corner of the tract described herein;
THENCE N62°05'41"W,over and across said 5.368-acre tract,a distance of 280.81 feet to 1/2 inch iron rod with Doucet cap,set
for the beginning of a curve to the right,and for an angle corner of the tract described herein;
THENCE with said curve to the right,having an are length of 69.04 feet,a radius of 60.00 feet,a delta angle of 65155'50",and a
chord which bears N62°05'41"W,for a distance of 65.30 feet to a 1/2 inch iron rod with Doucet cap,set for an angle corner of the
tract described herein;
THENCE N62°05'41"W,over and across said 5.368-acre tract,a distance of 13.39 feet to 1/2 inch iron rod with Doucet cap,set
for the northeast line of said 5.19 acre tract,and for an angle corner of the tract described herein;
THENCE N27034'48"E,with the west line of said 5.19 acre tract,same being the east line of said 5.368 acre tract,a distance of
137.40 feet to the POINT OF BEGINNING and containing 3.12 acres.
COMMITMENT YOU EXPECT.
EXPERIENCE YOU NEED.
PEOPLE YOU TRUST.
D O U C E T
Basis of bearing is the Texas Coordinate System,Central Zone[4203],NAD83 (2011),Epoch 2010.All distances are grid
values and may be converted to surface by using the surface adjustment factor of 1.00011.
Units:U.S. Survey Feet.
I,J. Dillon Fugate,Registered Professional Land Surveyor,hereby certify that this property description and accompanying
plat of even date represent an actual survey performed on the ground under my direct supervision.
. .n.... + 08/11/2022 0!�A .ti
J. Dillon Fugate Date �.•'F,6_l��r N O
Registered Professional Land Surveyor
Texas Registration No.6360 DILLON FUGATE
...%............................„.
Doucet&Associates " 6360
Dfugate@DoucetEngineers.com �9°ye8s -
TBPELS Firm Registration No. 10105800 �Na•sURV
PAGE 2 of 3 COMMITMENT YOU EXPECT.
EXPERIENCE YOU NEED.
PEOPLE YOU TRUST.
VICINITY MAS
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CITY OF ROUND ROCK, 7401 B,. Highway 71 WJ, Ste. 160
Austin, TX 78735, Tel: (512)-583-26110
WILLI." MSO (70I_.ii'TY", TEXXI-)' www.doucetengineers.com
4BPE Firm Number: 3937 Pxt/ C,ik": PAC
TBPELS Firm Number: 10105800 D to: Ikr/2 2 ,2,r
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Exhibit"13,?'
Annexation. Petition
i
7
EXHIBIT
ANNEXATION PETITION "B"
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:
AWO107 -Barker, Wm. Sur, ACRES 3.12, JPT/PISD}, 4R419228/REF�
[Legal description ofproperty
And being more particularly described in the sketch and description attached hereto as
Exhibit"A".
I hereby certify,under oath, that:
(1) __ ROUND ROCK KOREAN PRESBYTERIAN CHURCH AM/A
RE THE TRUE AND ONLY OWNER(S)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.
Zoo lw
[Own, s si ature&printed ame]
[Owner's signature and printed name)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUBSCRIBED AND WORN TO ME BEFORE, a notary public, by LAM- W&CADhis
day of , 207,;& A.D.
Cl.ARiSSA AMSTE.AD
MY COMMISSION EXPIRES Otary Public,State of Texas
OCTOBER 17.2022
NOTARY 111129995193
Exhibit"C"
Services.Agreement
8
EXHIBIT
«C„
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK,TEXAS
AND
ROUND ROCK KOREAN PRESBYTERIAN CHURCH
THIS MUNICIPAL SERVICES AGREEMENT(the"Agreement") is entered into on the
_day of , 2022, by and between the City of Round Rock,Texas,a home-rule municipality
of the State of Texas(the"City"),and Round Rock Korean Presbyterian Church (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 3.12.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 "2011 Glenn Drive tract" (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 Owners agree as follows:
1. PROPERTY. This Agreement is-only applicable to the Property, which is the subject of
the Annexation.
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.
00464928;ss2
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 set-vices 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. Water. 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, landowners shall be required to fund and construct
necessary water capital improvements to serve the annexed Property in
accordance with applicable State law and the City's ordinances,rules,regulations,
and policies.
iv. 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. Tire City and the Owners represent that they have full power authority
and legal right to execute, deliver and perform their obligations pursuant to this
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 pan,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 pan,term, or provision was never a part of
the Agreement.
2
6. INTERPRETATION. The patties 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 shalt 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.
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
3
A ttest:
By: _ .,...... ....,,,. ..
Meagan Spinks, City Clerk
For City,Approved as to Form:
By:
Stephanie Sandre,City Attorney
OWNER(S):
KWANC SUK KIM
Round Rock Korean Presbyterian Church
4
Exhibit A
74018 Highway 71 West,Suite 160
Austin,TX 78735
Office:512.583.2600
D O U C E T Fax:512.S83.2601
Doucetengineers.com
3.12-Acre Tract D&A Job No.2257-003
Williamson and Travis County,Texas August 10,2022
DESCRIPTION
3.12 Acre Tract
BEING A 3.12 ACRE TRACT OF LAND OUT THE WILLIAM BARKER SURVEY NUMBER 47,
ABSTRACT NUMBER 109,IN TRAVIS COUNTY,TEXAS,BEING PART OF A 5.368 ACRE TRACT
CONVEYED TO ROUND ROCK KOREAN PRESBYTERIAN CHURCH, RECORDED IN
DOCUMENT NUMBER 2008092732 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY TEXAS [O.P.R.W.C.T.], SAID 3.12 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a"mag nail"with"Doucet"shiner,set for the northeast line of said Lot 8,for the common southeast line of Cade
Lake drive of Final Plat Warner Phase Two, Section Four, recorded in Document Number 2016108667 of the Plat Records of
Williamson County,Texas[P.R.W.C.T.],same being in the northwest corner of said 5.368 acre tract;
THENCE S63022'15"E,with the common line and of said 5.368 acre tract and said Cade Lake drive,a distance of 25.17 feet to
a"mag nail"with"Doucet"shiner,set same being the common south line of said Black G,of the Final Plat Warner Ranch Phase
Two,Section four,of Lot 43,and the northeast corner of said 5.368 acre tract;
THENCE S62°22'51"E,with the common line and of said 5.368 acre tract and said Cade Lake drive,passing a distance of 11.08'
the southwest corner of lot 50 and continuing for a total distance of 550.65 feet to 1/2 inch iron rod found,same being the common
south corner of said Block G,of the Final Plat Warner Ranch Phase Two,Section four,of Lot 43,and the northeast corner of said
5.368 acre tract;
THENCE S27°37'29"W,with the common line of a called 1.52 acre tract of land conveyed to Rahim Manjiyan in Document
Number 2017014913 of the [O.P.R.W.C.T.] and described vol. 2058, pg. 239 of the Deed Records of Travis County, Texas
[D.R.T.C.T.] and of said 5.368 acre tract,a distance of 369.66 feet to 5/8 inch iron rod found an angle point of said 5.368 acre
tract;
THENCE S52038'21"W,continuing along the common line of said called 1.52 acre tract of land a distance of 19.10 feet to a 1/2
iron rod with Rippy inc,found for the southeast corner of said 5.368 acre tract;
THENCE N67°47'31"W,with the common line of said called 1.52 acre tract of land and Cambridge Heights Phase B,Section 4
Final Plat, recorded in Cabinet T, Slide 118 and Document number 2000068831 [P.R.W.C.T.], a distance of 209.78 feet to 1/2
inch iron rod with Doucet cap,set for an angle point of the tract described herein;
THENCE N27046'26"E,over and across said 5.368-acre tract,a distance of 267.12 feet to 1/2 inch iron rod with Doucet cap,and
for an angle corner of the tract described herein;
THENCE N62005'41"W,over and across said 5.368-acre tract,a distance of 280.81 feet to 1/2 inch iron rod with Doucet cap,set
for the beginning of a curve to the right,and for an angle corner of the tract described herein;
THENCE with said curve to the right,having an arc length of 69.04 feet,a radius of 60.00 feet,a delta angle of 65°55'50",and a
chord which bears N62'05'41"W,for a distance of 65.30 feet to a 1/2 inch iron rod with Doucet cap,set for an angle corner of the
tract described herein;
THENCE N62005'41"W,over and across said 5.368-acre tract,a distance of 13.39 feet to 1/2 inch iron rod with Doucet cap,set
for the northeast line of said 5.19 acre tract,and for an angle corner of the tract described herein;
THENCE N27034'48"E,with the west line of said 5.19 acre tract,same being the east line of said 5.368 acre tract,a distance of
137.40 feet to the POINT OF BEGINNING and containing 3.12 acres.
COMMITMENT YOU EXPECT.
EXPERIENCE YOU NEED.
PEOPLE YOU TRUST.
DOUCET
Basis of bearing is the Texas Coordinate System,Central Zone[4203],NAD83 (2011),Epoch 2010.All distances are grid
values and may be converted to surface by using the surface adjustment factor of 1.00011.
Units:U.S. Survey Feet.
I,J.Dillon Fugate,Registered Professional Land Surveyor,hereby certify that this property description and accompanying
plat of even date represent an actual survey performed on the ground under my direct supervision.
08/11/2022OF r
"0..l8 TE '�'�
J.Dillon Fugate Date y�•�o 9�.S
Registered Professional Land Surveyor_ °
Texas Registration No.6360 DILLON FUGATE••
...%.:;- '....................,.�.
Doucet&Associates ; 6360
D PEL firm Registration No. 10105800 `aka s
T
PAGE 12 of 3 COMMITMENT YOU EXPECT.
EXPERIENCE YOU NEED.
PEOPLE YOU TRUST.
V'ICIN'ITY MAP
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O.R.R.W.C.T. s i / BLOCK G
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136,04;5 SOUARE FEET) 7401 B. Highway 71 W, Ste. 160
BOUNDARY SURVEY Austin,TX 78735,Tel: (512)-583-2600
CITY OFRC IJNI) ROCK, www.doucetengineers.com
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BOUNDARY .-)'LJRVEY Civil Engineering // Entitlements //Geospotial
C"I Y OF D( [J I Y T) ROCK,f � , 7401 B. Highway 71 W, Ste. 160
Austin, TX 78735,Tel: (5'12)-583-2600
WIL1,1ANI ON COUNTY, TEXAS www.doucetengineers.com
TBPE Firm Number: 3937
TBPEtS Firm Number: 10105800
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EXHIBIT
ANNEXATION PETITION
TO THF NfAYOR AND THE CITY COUNCfL OF THE
CITY OF ROUND ROCK, TEXAS:
Tile Undersigned owners of tile hereinafter described tract of land hereby petition your Honorable
City Couricil to extcnd the present city firnits so as to irlcWe as a part of the City of Round Rock,
Texas, the following described territory, to-wit:
AWO.1 07 - Barker,Wrn, 12 f i,'upiSDI R41922 8/RE F
........... ..............t :1 .......
[Legal description qfpy-operly]
And being more particularly described in the sketch and description attached herew as
Exhibit "A".
I hereby certify,under oath, that-.
(i) ROUND ROCK KOREAN PRESBYTERIAN CHURCH AM/A
......................................... ......_____._._............
RE
THE"TRUE AND ONLY OWNER(S)OF THE ABOVE-DESCRIBED TRACT 01
LAND, and
(2) The above-described tract of land, as depicted in Exhibit"A", is contiguous and adjacent
to the CL11"rent City limits of the City of Round Rock, Texas.
(Ovvn�Fs signalure &printed Vame]
[Owner's signalui-e andprialed name")
sTArE OF TEXAS §
COUNTY0FULLIAMSCS
N §
IJ Cf ANLJ" RN TO ME BEFORE, a notary pubHc, by C3his
day of 20Z°" , A.D.
——---–--------
,,V'q,v CLARISSA AMSTEAD ---
My CorAM$SSION ---
EXPRES 2- . ota-y Public,, State of Texas
oGTOSER 17, 2022
NWARY D�i
EXHIBIT
"Co
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK,TEXAS
AND
ROUND ROCK KOREAN PRESBYTERIAN CHURCH
THIS MUNICIPAL SERVICES AGREEMENT(the"Agreement") is entered into on the
_day of , 2022, by and between the City of Round Rock, Texas,a home-rule municipality
of the State of Texas(the"City"),and Round Rock Korean Presbyterian Church(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 3.12 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 "2011 Glenn Drive tract" (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 Owners agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation.
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.
4046492&ss2
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. Water. 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, landowners shall be required to fund and construct
necessary water capital improvements to serve the annexed Property in
accordance with applicable State law and the City's ordinances,rules,regulations,
and policies.
iv. 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
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, tern 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.
2
6. INTERPRETATION. The patties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the ten-ns 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.
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
3
A ttest:
By: -----—- -- --- -
Meagan Spinks,City Clerk
For City,Approved as to Form:
By;
Stephanie Sandre,City Attorney
OWNER(S):
KWANG SUK KIM
Round Rock Korean Presbyterian Church
�r
191 i-
r, j
4