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R-2024-130 - 5/23/2024 RESOLUTION NO. R-2024-130 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 of Round Rock, Texas (the "City") has received a petition for annexation from Danny A. Cruz-Posas and Vilexis A. Salas Palma, husband and wife (the "Owners") requesting the annexation of 2.500 acres out of the John H. Randall Survey, Abstract No. 531, located east of Red Bud Lane and south of Doris Lane (the "Property"); and WHEREAS,the City desires to proceed with the annexation of the Property; and WHEREAS, in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0672, the City has negotiated a written agreement with the owner of the Property regarding the provision of services to the Property upon annexation ("Municipal Services Agreement"); and WHEREAS, the City and Owners desire to enter into this Municipal Services Agreement and abide by the terms therein, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Municipal Services Agreement, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. 0112.20242;4857-2915-2445 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of May, 2024. 'Al'. CRAIG#ORGA ayor City of Round R c , Texas ATTEST: MEAGAN SP S, C' Clerk 2 EXHIBIT „A» MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK,TEXAS AND 3809 DORIS LANE OWNERS This MUNICIPAL SERVICES AGREEMENT(the"Agreement") is entered into on the day of , 2024, by and between the City of Round Rock,Texas, a home-rule municip ity of the State of Texas(the"City"), and Danny A. Cruz-Posas and Vilexis A. Salas Palma, husband and wife(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 a certain parcel of land situated in Williamson County, Texas, which consists of approximately 2.500 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 "3809 Doris Lane 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. 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. 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. Water and Wastewater. The property is currently located within the Manville Water Supply Corporation("MWSC")certified service area and water service is available and will be provided by MWSC upon annexation of the Property. Upon execution of a Water CCN Transfer Agreement and approval by the Texas Public Utility Commission, the City will provide water for the Property. The City will provide wastewater for the Property. 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 and wastewater 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 "CTR") for residential and nonresidential collection. 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, 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. Executed as of the day and year first above written to be effective on the effective date of the annexation of the Property. [Signatures on the following pages.] CITY OF ROUND ROCK,TEXAS By: Craig Morgan, Mayor Date: Attest: By: Meagan Spinks,City Clerk For City,Approved as to Form: By: Stephanie Sandre,City Attorney OWNERS: D C z-Pq s,Owner V *A. alma,Owner JPH Land Surveying, Inc. D.F.W. * Central Texas * West Texas * Houston * San Antonio yaNd EXHIBIT "A" 4� BOUNDARY DESCRIPTION Page 1 of 4 FIELD NOTES for a 2.500 acre tract of land situated in the John H. Randall Survey, Abstract No. 531 in Williamson County, Texas, being S a portion of Lot 4, TRI-VIEW ESTATES, an addition to the City of Round Rock, Williamson County, Texas,recorded in Cabinet C, Slides 14-15, of the Plat Records of Williamson County, Texas, as conveyed in a General Warranty Deed to Danny A. Cruz-Posas and Vilexis A. Salas Palma(hereinafter referred to as Cruz-Posas tract),recorded under Instrument Number 2022091493, of the Official Public Records of Williamson County, Texas; the subject tract being more particularly described as follows: BEGINNING at a 1/2 inch rebar found in the common line of said Lot 4 and Doris Lane (a 50- foot wide right-of-way per Cabinet C, Slides 14-15, of said Plat Records), at the common north corner of said Cruz-Posas tract and the tract described as 1.093 acres in a Special Warranty Deed with Vendor's Lien to Renewable Property Group, LLC, a Texas limited liability company (hereinafter referred to as Renewable Property Group tract), recorded under Instrument Number 2022091493, of said Official Public Records; THENCE NORTH 880 00' 06" EAST, with the common line of said Lot 4 and said Doris Lane, a distance of 251.68 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying"set at the common north corner of said Lot 4 and Lot 5A,REPLAT OF LOT 5, TRI-VIEW ESTATES, Cabinet O, Slide 297, of said Plat Records, from which a 'Y' cut in concrete found at the northeast corner of said Lot 5A bears NORTH 880 00' 06"EAST, a distance of 122.19 feet; THENCE SOUTH 020 22'01"EAST, with the common line of said Lot 4 and said Lot 5A, a distance of 432.57 feet to a 1/2 inch rebar found at the common south corner of said Lot 4 and said Lot 5A; THENCE SOUTH 870 57' 00"WEST, with the south line of said Lot 4, a distance of 251.75 feet to a 1/2 inch rebar found at the common south corner of said Cruz-Posas tract and the tract described as 1.25 acres in a Correction Warranty Deed to CM Collier, Dallas-Fort Worth Central Texas West Texas Houston 785 Lonesome Dove Tr. 1516 E.Palm Valley Blvd.,A4 426 Graham Street 11511 Katy Fwy.,515 Hurst,Texas 76054 Round Rock,Texas 78664 Tuscola,Texas 79562 Houston,Texas 77079 (817)431-4971 (512)778-5688 (325)672-7420 (281)812-2242 FIRM#100195001 WWW.JPHLANDSURVEYING.COM Page 2 of 4 L.P. (hereinafter referred to as CM Collier tract), recorded under Instrument Number 2004079691, of said Official Public Records; THENCE NORTH 020 2 F 28" WEST, through the interior of said Lot 4 in part with the east lines said CM Collier tract and said Renewable Property Group tract, a distance of 432.80 feet to the POINT OF BEGINNING, enclosing 2.500 acres (±108,913 square feet) of land. THIS DESCRIPTION SHALL NOT BE USED OR RELIED UPON FOR CONVEYANCE PURPOSES Chris Henderson E F.TF Registered Professional 1'' TE Land Surveyor No. 6831 chris(&jphls.com ' January 3, 2024 H DE .. .R ,.N 6831 oFESSI00POQ- ti4 SUR%4 EXHIBIT "A" PAGE 3 OF 4 THIS EXHIBIT SHALL NOT BE USED OR RELIED UPON FOR CONVEYANCE PURPOSES MONUMENTS/BEARING BASIS CRS O 1/2"rebar stamped"JPH Land Surveying"set MNS O Mag nail&washer stamped"JPH Land Surveying"set Monuments are found if not marked MNS or CRS. Bearings are based on Grid North,Texas Coordinate System of 1983,Central Zone LEGEND OF ABBREVIATIONS P.R.W.C.T. Plat Records of Williamson County,Texas O.P.R.W.C.T. Official Public Records of Williamson County,Texas D.R.W.C.T. Deed Records of Williamson County,Texas POB/POC Point of Beginning/Point of Commencing Ea(,q.c+ Chris Henderson ` �p Registered Professional I .• N Land Surveyor No.6831 p� s0�• Chris@jphls.com .••GNp�`?N 68 January 3,2024 •°�,.,4,� �,,l O L410 S Nd �c SU e, EXHIBIT SHOWING JPH Job No. 2.500 ACRE S 2023.393.001 3809 Doris Ln,Round Rock,Wilco., TX-EXHIBITAwg SITUATED IN THE ©2024 JPH Land Surveying,Inc.-All Rights Reserved 1516 E.Palm Valley Blvd.,Ste.A4,Round Rock,Texas 78664 JOHN H. RANDALL SURVEY Telephone(817)431-4971 www jphlandsurveying.com ABSTRACT NO. 531 TBPELS Firm#10019500 DFW I Central Texas I West Texas I Houston I San Antonio WILLIAMSON COUNTY,TEXAS EXHIBIT "A" PAGE 4 OF 4 THIS EXHIBIT SHALL NOT BE USED OR RELIED UPON FOR CONVEYANCE PURPOSES I RAYMOND T.ALEXANDER AND LOT 1,BLOCK A =CALLED N E.ALEXANDER REPLAT OF THE WEBSTER-BROSTAD SUBDIVISION 1.98 ACRES INST.#2021091505T.#2000057019 O.P.R.W.C.T. O.P.R.W.C.T. 60D _ - 1/2"REBAR 12"REBAR — — DORIS LANE BAKER-AICKLEN ROUND ROCK" 50'R.O.W.PER CABINET C,SLIDES 14-15,P.R.W.0 T. _ ia"REBAR N88000'06"E 251.68' N88°00'o6"E _ "BAKER-AICKLEN ROUND ROCK" CRS 122.19' P.O.B. AT OF In"REBAR LOT SA REPEAT OF LOT 5, 'B KEBAR T OF LOT 5, TRIVIEWESTATES "BAKER-AICKLENROUND ROCK"PORTION OF VIEW ESTATES CAB,0,SLIDE 297 M.&D.FULLERTON SUBDIVISION PORTION OF CABINET O, I P.R.W.C.T. CABINET G,SLIDE 245LOT 4 SLIDE 297 Z P.R.W.C.T. P.R.W.C.T. C� I RENEWABLE PROPERTY TRI-VIEW ESTATES FRANK E.FORAN GROUP LLC, CABINET C, SLIDES 14-15 INST.#2012098962 I A TEXAS LIMITED LIABILITY O.P.R.W.C.T. COMPANY o P.R.W.C.T. o CALLED 1.093 ACRES N N INST.#2013024598 N tj O.P.R.W.C.T. N DANNY A.CRUZ-POSAS O0 AND VILEXIS A.SALAS PALMA, tn"REBAR N HUSBAND AND WIFE "BAKER-AICKI.EN ROUND ROCK" m w CALLED 2.5023 ACRES INST.#2022091493 PORTION OF o O.P.R.W.C.T. M.&D.FULLERTON SUBDIVISION CABINET G,SLIDE 245 P.R.W.C.T. 2.500 ACRES CM COLLIER,L.P. ±108,913 S.F. I CALLED 1.25 ACRES INST.#2004079691 O.P.R.W.C.T. 12"REBAR S87057'00"W 251.75' in"REBAR TRAVIS J.STARLING ? JASON PAUL KOBLE, AND LACY L.STARLING �a JESSE G.ESCOBEDO A MARRIED MAN CALLED 0.724 ACRES CALLED 0.75 ACRES CALLED 0.9308 ACRES INST.#2011054670 INST.#2021191717 I INST.#2011005375 O.P.R.W.C.T. O.P.R.W.C.T. I O.P.R.W.C.T. � aNd 0 100' sut Scale: 1" = 100' EXHIBIT SHOWING JPo Job No. 2.500 ACRE S 2023.393.001 3809 Doris Ln,Round Rock,Wilco., TX-EXHIBIT.dwg SITUATED IN THE ©2024 JPH Land Surveying,Inc.-All Rights Reserved 1516 E.Palm Valley Blvd.,Ste.A4,Round Rock,Texas 78664 JOHN H. RANDALL SURVEY Telephone(817)431-4971 www.jphlandsurveying.com ABSTRACT NO. 5 31 TBPELS Finn#10019500 DFW Central Texas I West Texas I Houston San Antonio WILLIAMSON COUNTY,TEXAS EI-J- ity.Limit �iI f,,, CL 1, w Subject Tract 2.50 ac. ., Doris�'L�n Fischer Cv - ,. ITI a z