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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 .... _ _..... _..._ _......... 2 a f 26 ( ,�5 URWLY Y . P.C.B./ SITE 3 2L 15°E 25.17°1/2 ..,..,.. [`ti CnL EQ1 Laa , 5 9 1OT2�b GLEW i (UNRECORDED UR%'F-y SMELLY A11MAa1 49 " MEMU..CAN HUNT SURVEY, ABSTRACT NO.. 314 aac.NLY. 2ol9065s79 a.n R.W.a.r. WILLIAM BARKER SURVEY, ABSTRACT NO. 107 �� ((d 4]I¢°k1 Ifi� to DESCRIBED VOL, 917, PG. 701 R w.C,'T, I 01MI"i,J] M a fJ 4� a l 4 fig � do 62'J '41"°W13.39' 44 w / ✓ 4y 3.12 ACRES ,2 FIN[SHFLOOR 43 Lxcv� of .�n C 135,1 45 SQ, FT. r4� / 10 CONCRETE RnsKEIS LL v ONE POST r / E'a y auar 7 STORY 400P CCRES 3.12 ACRES �ORCH �'� p F SES r[�I IAN r Ir� I1Ir�>r Ei op? C xLLE[N5.36�§ �CR1 S FINISHFLOOR ELEV.sr .rr alaSrLr52 ROUND ROCK KOREAN 0,16-5 ".1 RO . TE20027 _aCNO80932S/g. PLAYG.R R W.C.T. `4 A ,T / _- 10 HE Vfv- ""Y ! / DECK R IN " CA0dL7f�0 E F1EIG I'T'S y84 yg8'•t'1 P'S'T' r� / PHASE A 'dT-C'f1UN 3' c ✓lJ�� 00C.NO 2()0000140 / 7, 41 , . �4 r do Y. - C.n„ 6jr S52'3829 WV '6 Q7 ,x r �yV 7g. 24 .064 E)t1+ 08/10/20)2 D 0 U C E T .:cl I - W kevicwc�� D :3. 12 AC'1 T'.; Civil Engineering // Entitlements ,// Geospatial e.:: 225/ .1 '11(;,0 45 a SQUf RE' F E1�'-1, 74131 B. Highway 71 'W, Ste. 160 Y Austin, TX 78735, Tel: (512)-583-260{3 «< I www,doucetengineers.com 3C, ( 1'1' OFP-MUND ROCK, TBPE Firm Number: 3937 Porty I 'Wf: IAC'. "1111 INNISON COUNTy, r1'h"X.AS TBPELS Firm Number: 10105800 'ur,,ey I, ,te. r.r�/f� 2G,22 -- \✓I INITY MAP LEGEND _ Nat gra� "wY4� VIl r:dUG:�T` nrM"H . ( plI Y✓ 83I',. I'LILI B'f x J WA UUP VA[VI_ SIO MI SEWER MANII.OL.E: �-... TUI IF"NONk ryl arLSIA( 47 SITE VrN Pt n,ku P9CILE 4Y i t. kE N II,MARK EOUNL jIj w r MEMUCAN AUNT SURVEY ABSTRACT NO. 314 WILLIAM BARKER SURVEY, ABSTRACT NO. 107 r' f rW 1 r fF (.iNNINi"a (,',,w, NO IJ CUMEN7r U MHR . KS.F".. i k CiF f)f1C,l,�E7 CONCRi -"IPG p'3.O0. _ ';'2IGHI iOf--WAY C1Md TEXAS I)p Mw c.T. UCf D R" CQRI); warpL +d>x' COUN'T'Y, TE:%nS RECORD rjFn%ATirN f YI'PDF TY LINE ..--. .. EXISTING EAsEMENr - ITf,Idr,li,Y_v44E w; Ctif GlS;-,. ............ __........._...._,..., [)'OI R P.K4.F_ERm!`tYm_,..LINE [tEIJ HM Nw 200 & VATIOf 50652 +. DESCRIPIKY11 SQUARE ;TT SE, IIT CONCRETE JEGUr t i [AN hlDCT ?EFSIDE OF f/ YE LAKDRIVE ' OXlaAiA EIJ t NRIHR(Jid A MAGNAT WITHT DC"IUCEV -,WNER MT FOR THE NOPTHEAS'r CORNER (}r THE HEREIN 5.Tg—A(;RES . [SHOWN WN HERIEG'.'N] SOME' FM.SSlrt°_1I_E LOCATION', OF UNT)FR6ROUNC1 UTHI''T"'S ARE. SHOWN HIREON AS. A PRECAUTIONARY MEASURE BASED UPON OUSEERVED SURVEY I0(AT'ION S DOU CET & ASSOCIATES DOES NOT TAKE HI PON`�IHIIJIY FOR DEIERMVNING> IHE I)N;FrIIII OR C)CA'I`ION CF UNCTERCRCUNTU U'71IJTVE?:E WITHIN OR AROUND I) THE SUBJECT SITii.., ALL U dBL.�rVES .r&�OUILD HE I Ip,�LD VERIN=CEJ AND CI-IE.'GKE D FEY CONI R'Ad TOR l f MPJ fIz_S,J�.._..GkC_)TF1_ l A'AS OF BEARPI G IS ThdE TEXAS COORDINATE CENTRAL ZONE (421)3), NC"alt T'0-E AMERICAN IJA.TUY X983 (NAD83), 00m ADJUSIMP,T (EPOCH AND A VERTICAL_ DAIUY OF hVaaVD88, GE00 _ EIYi A k C4J71 f71NJaTE VALUES IJf'�;k',ti�pEiFACONVTF„a IED [. C J i ikr.l iv e'I f 4 LIANCES (v Lt k ( lA.L. OR �r7ARE GRI) Vv U AND I�Av J l Dii E YM7C BIv E 6W '1 T-#AT i f'; ra(Al' �y�1 ,. ';,�- Ifl .kHast 'r t�Y U_rlk3�. '1`N P_ . h M A4 EJ k d'�N6 TC �L L 7 r w 61.Jh 'J' f CM N! Cy ^'qM S T, ,"•. PAI r'i7 M Y GDO I C ;7JAL UR,.� E r7t'G. ME �p A C"^. Uv S J'S '-;UF,','/EY FEET. ON I, r'ROUNC,. (JNDI R v+ hl mFi 11`�rN,`hI, ��'•• GJIL6_C�OWIJGaT fd�C[.,Ilh<I.fI)IFifEE7I(I:,`.a„I Irii,i....fmarvJO Ol.fi�Vl r�E_NtCMIf fa f” IPi'WM� TRrSI_C J T11 6.03 !TfiC X� 'Cs IA6 91MF�L CHtTRCS f3�a.:A1ltlM(J L PlC7iv°O ft.LNCzTI� E#F ti. JN tdCa ii'5(iD E I A' O HA IL C'T 69.VA Coo' " RJ(2,' Ca"a.:SCJ" L�r,ATI aLLrll(.E rrt(F�Ir�L .c� _._w_.. _ 0 i/I1)f20 2 rI D 0 U C E T 13G,0-15 FF q:1. ] 2 ACa.���7.��k�.;� � �s r %F I .�4�,0`1 5 e`.'f Q LJ A R E l.' 1'a��rl,�'' H O C.J fel 1j." IDY URVEly Civil Engineering // Entitlements // Gecspatial 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 ,.c.Pa ❑h,` .A 1 o a +.flvrp 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 t1 d F ✓"�' 2 26 G&R' �.; .. ra SITE i 'P.01 ., . '1 563.22'15"`E 25,17'/ CALLED 5.19 ACRES 73� 7 LOT s T) ;N 11.05, 9° GLENN COUNTRY � CfiR (UNRECORDED _....-- SELLY sICN) {,� '� MEMUCAN HUNT SURVEY, ABSTRACT NO. 314. SHELLY AHMADI �"S 4-�I DOC.NO. 2019065379 WILLIAM BARKER SURVEY, ABSTRACT N0. 107 O.R.R.W.C.T. s i / BLOCK G DESCRIBED 4d VOL. 917• PG. 701 - ,. D.R.W.C.T. � r r,..1I ,i1 11 X47 y 5E13�J ar 6 62•e7S'41'"W13.39 44 V7 3.12 ACES � a. R f1NISHFLOOR7 „' y `�. ELEV- 814.69' 135,145 SO. FT. o F3ASKETEALL µ ONE f i QST COURT tlM1TH'. CHURCH f C� ROUNLa1RDC�KSKUF�'7tA � STORY r HE.>RYFLfK4ATl C'Hl.?F2C OP STONE S 3.12 ACRES y 2'' FINgSH� �� N REMAINDAER OF A ELEV.- $14.35W 0 •w' DOC-NO, C,{108(tyC;���,"_Pi CALLED 5368 FRES a�.. pOP --. -- ? ROUND ROCK KOREAN '. 1 C P, 1. ,�s'W PRESBYTERIAN CHURCH DCC.NO. 2008092732 '�• 5/8'.. PLAY ,id.... �� O.P.R.WU.C,.T.. `� I SCAPE �o) I- 9 6e6K y �� i71 L TIC IGHTS 48 piASF A SECTION 3 r DoC NO 200000140 1 Ri 17 ^aY ,. 4T �;. f3l,f,C:K Ft" r;.,'. s ;; 46S c5r `72 � • ' P p k as M1 .atJ �r S52'38'21"W '�'s r r 1910' M� v 21 r >� 74gL' F��7� 27 7U( 3 APPY 8 f 24 " 1 2S D 0 U C E T 3. 1 2 ACRE Civil Engineering // Entitlements // Geospatial 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 TBPE " Number. ILLIA1SON COUNTY, TEXAS TBELS Firm Number: 10 1058d0, ^` VICINITY MAP LEGEND NOT TO .. .. PAZ L;Ir aNOTED1 C)0 'VAG �df 'T E ra(,131 Wi I l Ili ra: r-,uu. Flux " A.irrre vr,vac !J °I(lf f.A '1`.Wvi R MAIII1471.i T,. Tu EII,IfcxlL SITE Jr IA4 e t 4 Fow;4 R -c-1 E T E,AC::NCt,ARN, FOUND RIr� vL ullzMEMUCAN FOUNT SURVEY, ABSTRACT NO. 314 L] r l'ECIRIC TANrORIVEiR WILLBAM BARKER SURVEY, ABSTRACT NO. 147 ^fN,� NA € WATE R MANi-EOLL R'.O.R. pOINT OF B,-G:'NNiN G, DC)C, ND. DUU,kdfENI NJNdIDER VOI, VEL;)ea r�r; rc,�ae rY. 0_'0 kiG,4I 0 -WAN r;,qf RCCQFD5 NILP_IAMSONl Rsz-ay.C.t IOUNrr', TEXAS n R.N.C.T. p RECORDS, M I/5MEAN COIIINT'Y, TEXAS NFIZIRMAtION .�.rr 4ROPCIRTY FAA S'INC; EA EME.NGP,f 9v.DHI�tAr'YFS Pt(7TF.: h k kCY;'k.R T'Y',.INC'. F FNIC10 9f Tk 201:1 E.I_k.VA IIIJN, NCJ Ea.S:� i�ERHCAD TRC I t FFifa Ir)N SUUAR[ CW .,LM 1N1 CONLREYE CUJ�B,, -- - a, ING WOOD FFNCF IOC ILLI ONd 116E nok`LI `14JkO7 (,'AIDE I AKf CL'IVE; T et FtiltDxIMA1L ,IIR^.E.'r LINE AND 11 x+ rELI NO' GbI f INOM A MAt`N4 rWl lh! ,.. _._,..._ ,FT SHINED _I FOR HF hlOfilf CT;'t' ;.e?RhlCf'F OIHEN.-_IN 5 9 ACRE, [SHOWN HEREON1 U 7ILITY NOTE: SC,'ME Plan SI;3I E LOCATIONS OF -;NDEFRGROiUNb UJ' IVES ARE SHOWN HIF.FREON AS A FR (:.AOTf.)NAR'F NLASIJRE BASEU LY' (Jn! SE f? E.C) SI.JRVFv @ OCA 110FIS- F)01d(CI T & ASSOUA IS LX3LS N()Y fAKL HES'`C7ktl�S1131L#TY [OND[,.Tl-RMININ(,;' If{I. DEF Fi OR LOCA11C)PJ (-), UNDERt:�RIUND (JHLJLTF.S VhIm�wq OR AROUND 1hif,E `xUB[3 C- SITE, ALL UNLINE'; SHOULD 811 FIELD VERIF ED AND C:( IECKED BY C CS�tlTRAC:TOR C C7t,llR01 fv ft:,.,. BASIS. OF RE.ARNG IS THF_' TEXAS COORDINATE `TPLM C"F" l"RA4_ 7(yNkS r C)3), NORTH AMFRICAN 1)A1.JV 1993 (NA'2.3), 2011 ADJUSTNVIENT (EPOCH 2G1C1) AN'D A V-M4TICAL DATI.YM U� NAV7-)88 GF.(�71N�J 1213. ALL COORDINATE: VALUfFF' AND DiSIANCCES I1 01HON FOGAIF, R;( TFRFFi PRO-F,S`idQNAL. ,� SHIM",! ARE C:h21GD VALUES AND MAY BF CUNVFR1"ED 1 NID �,,I,FCIIYC)R, FIFKEBY C'Ffi 1rY 'GIAT THIS P .1T �, ,fr dO SUF4FAr 3`rc USING TH= SuRrACS" �ADA)STVENT AND NCCOtAPANYIN EGAL DESCRIPTION TION OF P_rEEN Gy,.+•q,t'S'T',-;,a� ;'�i,ja FACTOR (3f.00011 DATE REPRESENT AN ACTUAL SURVEY PERFORMED ,�6"� ��qy UNH IS: JS SURVEY -EET. ON TIE "POUND IJNDF R Vd SUPERVISION IiLL(..N FUG 4TE L DILLON Fl ,:t'Ir ...� _ DA if �',�. .. .V" E I, iEl>EU Nr )iE_ra1011At. I.ANC1 SIJPFE.YOk 5dNS19 � CILpRVE LEh,IY TH RADIUS DEI iA CHORD UEARVIVE; MCD?E LLN¢GT'k 3. ASSOa AfLS 9 C1 69.01' 6D DIJ' 65"55"5O'° 62'Cy5' 1'"VJ Ei`.'.i;,>(J' E F LBGATP,,W)IEUCE II NONE IERS.CCV 3. 12 _ a DOUCET ,..,..I,. ( 136,045 SQUARE FEET) W 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 'Li n , .1,.. C ',` r,l:' Mrd:i I r., , J,(' ,. 'b, .7.` r vN 12;< 6 1I; e,,i 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