Loading...
O-2025-010 - 1/9/2025 ORDINANCE NO. 0-2025-010 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 55.77 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF SAULS RANCH EAST, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2023066851 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON 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 55.772 acres of land situated in Williamson County, Texas, being a portion of Sauls Ranch East, a subdivision of record in Document No. 2023066851 of the Official Public Records of Williamson County, Texas, 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 0112.211?5?;4919-1448-5256 WHEREAS, the City has received a petition for annexation from all property owners for the 55.772 acre tract further described in Exhibit "A;" and WHEREAS, the petitions for annexation are 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 January 09, 2025, 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 January 09, 2025, for all interested persons to attend and be heard in accordance with Texas Local Government Code, Chapter 43, Subchapter C-3, Section 43.0673; 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. 2 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. 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. 3 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. 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. 4 READ, PASSED, and ADOPTED on first reading this ./ L, day of na ") , 2025. Alternative 2. READ and APPROVED on first reading this the day of , 2025. READ, APPROVED and ADOPTED on second reading this the day of , 2025. CRAI4 ORGA , Mayor City of fliound R ck, Texas ATTEST: Uk+JA0---Ilt1/4.1, ANN FRANKLIN, City Clerk 5 Exhibit "A" Property Description 55.772 acres of land situated in Williamson County, Texas, being a portion of Sauls Ranch East, a subdivision of record in Document No. 2023066851 of the Official Public Records of Williamson County, Texas [See attached map.] -- -1-1-ntl:J6:311j7 v ''', 1MPlinits- /IP W 41 I ll ---Ad01 PP 0"0 $ ♦ ��O`♦•`•`♦•`�`�`♦�`•` ♦,, 6 1 * *o• .14. irl am la w 0' Subject Tracts ♦ 01 0400 ��$S 0 ad$**US%Ot0Ott �I k - • ♦ • •� •♦ ♦ OP' 55.77 ac. WO��"00 40 ����� \ •i de ts • 41` 001.0 .0 An .44411 fr. A * %, otos" .., 0.o so % %lb ,: E T J 0#** PO"! al '4:S AA AO, 0%1 0 \* -- SoOt • Ow cit -Limit ' sv e tia6 ..= *#.(6,41.0 osomune,v,** 4 ‘1" tt * 151.1&<2f* at USN 4i-* • III O' at 0 * -AO :tat -4 kv, ,,p- ' a w%6 Ow- lw • %is oi.sie, = i cr-1' 0 o• ottas 1 000 * . • IP, tia.-- .„ ) A•40 to too ost .. 0 US U s_*1140 ‘it, \ • & lio oto v • *A .S s$ AS V a r4o4 e,• A * 0 -4.- ‘ olo*i it" u4s ,dumw., ‘,.._ ,iv O\ •♦ tV*Pg. nit $ '4 j$ S %tv• •a • �� ♦ $ *0 I 1 . I %IA?V. Plikil00 $ %%*ai AI VIS :k9\ts 11 f tIts so 1044 :04 Vlore tO•So -6 •O•04000���� 0, 100.. ; •.to ._ �!1".s_2-111a..:41-iii pp ► A •. 4,, mow. • % S* 0 pot 010 • AL.... .. .... \ li tv- •a .," ram• �4,1i a` •W O. .�tt�. EXHIBIT Stir 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: 55.772 acres of land situated in Williamson County,Texas,being a portion of Sauls Ranch East, a subdivision of record in Document No. 2023066851 of the Official Public Records of Williamson County, Texas And being more particularly described in Exhibit"A," attached hereto and made a part hereof for all purposes. We hereby certify, under oath, that: (1) VPDF Sauls Ranch LLC, a Delaware limited liability company, DFH Coventry LLC, a Florida limited liability company, and Milestone Community Builders LLC,a Texas limited liability company are the true and only owners of the above-described tract of land, and (2) The above-described tract of land, as described in Exhibit `'A," is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. VPDF SAULS RANCH LLC a Delaware limited liability company By: VP Finders 2 Holdings LLC a Delaware limited liability company its Sole Member By: Varde Partners, Inc. a Delaware corporation its Manager By: /14. 2 Name: Anders Gode Title: Managing Director STATE OF MINNESOTA § COUNTY OF HENNEPIN § This instrument was acknowledged before me on this the (p day of the month of January, 2025, by Anders Gode (Name), Managing Director (Title) of VARDE PARTNERS, INC., a Delaware corporation, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. DANA A. PAAHTI Signature s; - Notary Public-Minnosota A 4 ' My Commission Expires Jan 31,20261 "� a Printed Name • Notary Public, State of Mtv�yUp.�,pJ DFH COVENTRY LLC a Florida limited liability company 0 By: - Name: Ne 34 //at dreta.,C# i Title: 21ws'�i �'cs��'(�- STATE OF TeKtiI S § COUNTY OF T LV I S § This instrument was acktrwledged before me on this the 1 w day of the month of Zan L , 2024, by Qx C j Q�(5 (Name),bN{SiOn Si kit" (Title)of DFH COVENTRY_{JLC, a Florida limited liability company, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. `,tia;p„e,; SHERY_DEN'SE MADDOX Si azure :i;• -7::_Notary Public,State of Texas (fir, i".; •: Comm Expires 38-04-2026 a d •f ../. Cli„ f ��1 �/�v�4/l� ';� ; `` Notary ID 133251283 s l 1 "" Printed Na Notary Public, State of 17 om S MILESTONE COMMUNITY BUILDERS LLC a Texas limited liability company By: 6:3)Z Name: Tevvi LaC1�r�, Title: Ci "Fd STATE OF j t' c S § COUNTY OF T,oitks4 . § This instrument was acknowledged before me on this the •: 1 ' day of the month ofcJarW+A 2 ,by 1 wm Lot.f.vi t (Name), C-T—O (Title)of MILESTONE COMMUNITY ilUILDERS LLC,a Texas limited liability company,known by me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration therein expressed. Signature JASON HERNANDEZ a S(!yi L�rL Notary Public,State of Texas Printed Name Comm.Expires 08-25-2028 %,7.6i.•`—V Notary ID 13280364 217 "��� Notary Public, State of s' Exhibit"A" 6.771 AC CURVE TABLE LINE TABLE / 5666 Ac can R. i::01.ravm..7 red,if.t:L1T;::,:.;,i.:f.1;;; 3EWRCY R.GI i OfK:'4.�711::n1a1!1^r+}11 I':yM:f!;ii.:•i P;4ti/!:[�>f 5985 AC .N0.201999e79 Doc.NO.2019099879 / HitliSM.•11[14.1ElI•milt SYLYFImwas-s7CI1�inlaid Fir-i[lRY.7�i ill h ).A L coN7ALcz o EFIE cc.._ iT 1006030615 / 9 I 6 — fs71:`7YIM:1:IRDKAN d �6n L36 LI7 A 4.23 AC. 422e AC / LOT t Pil3l�•_]F�1'7i��7�•y b Amer• 54(6AM r CREEK,LTD All / \ MI 2},� l7 a t't' E7° 5Loon ERS OLSON /CEWA VISTA CORP.I 5 I�•i l7 ',Y•LY7(t�_� z gg}L1 // VOL 629.PG 120 JO00 NO 200307076J / 1} .ti^f .x•L� E O W„1^y i t)° J 1 . , fcl18II.11��PAC .1Vv.i1v110EY.Amm10 ay1�e /73 SONY?SUBAAL BOMSION R'iQL _iEL4 REITI I a',8i ND. 20150*3177 or — R EPIC•InFaii •1 s n t?D I / '� or 3 I�Ci�3m �r 30 �- A. 1� VO i. / •RMIF'Y•i]RL4II[•teau. •6 7 141ElliENIAL4 atf a g o BLOCK'[' S5 .�1 S7 56 6L St\ \ 1 I- /S9 61 62. 13 PEtA AE} A Z 2 a 2 O 'Lt3 L1i 11 ' y 63 [Q7Qiii l•YIR,'ii 0 3 1=w O t. 53 StI° IRLIM.SINfaia1•T'TViIB W E S 2 0 g• 44 45 .7 49 SG 51 i r i x W k' •2 / s2 K3 " 66 f7° E 1FiT i3 Z]�F14IiAfl L=3 S w Tv `/./2 a7 '°9• '• I�7F,T•t-[iiF7lIfif�tJI N '( ao911i �1 / `C 't .s / 6/ •$`t 1�7F�3•IY?1TIIF7�'IN z 1 J. 1 6 7 e" 9 ID {O •6 4 7 `/ 69 kl `N�0 \fyi•1 Fill'.•YT\/Y:7i1.1F:� U.Z j J U 1. 1��\ S9 39 t9 [r-)D 84.772 X.PORTION ofSAMS �°� N. / I O O fall Q O 2 t3 ` 14«K T. �G//I �12 D NO 202g130661351ST .? • L 5.3 z o U.LL 37 ^ \},AN e t AC. c3 O Z O.5 LA BLOCK T" t. 1 73 / \ / RuTLEDGEC N O'_J 1 1 37 36 2. __ 2 / 74 \ VVVOOOIII 199/e.PG���68!! n j'V3 G 6O6 t9 K p.. 36 35 73�/ 7s L2 f J D n. 2 sr6Lj0." 7 e �2� \`�3s_\y 3• ` n= 3�� 7a7 �. `y_ FRi CHURCH D R b• 6 `i g ri31 y //\\� / \ D«.NO. 7o7109aa91 COSuBOAASION 7 J • s -V 3, „...,32'` 2' /� ,5� 79 78 BLOCK T Aj..- U / ` BLOCK A {Qrj r-----,-,...,---- ..., 23 \ 312\... 31 �', 30a7 `� ete2 Lo,7Q p 31 \=b q 19 63 asj � 7S �� \4 2A 29 1 • 1 °"u SECTION Ol E snN10 3o N ze is BLOCK'G 9 to /�� a' z 3 \ R3. j 1 1 `` 26/-{\ 29 27/ �L__ 17 / 11 96 i - g F N \\YY � \ r � 1z �� �• \ P08� �a� 1 77 to 26 `7—/ > 1a/� Z - �j. 23 J2 / Is/�\/ 13 ."°'k �7 6 ,,0 6; .43 II i 17 tJ IK Is ��'(/Y/ /\J�) IA �N r7,6 ~.j w _,' E J r K.H 17 16C" /21 2D f \�10 9 \Yc 65 / PARK S o re G a _ OAKCRECK , so < 19/\ \13 t2 'K\�\_ 66 �, CIION . 19 \ 1. • ! e7 \/ a. �; 27 71. 20'( Ie/ 16 15 I� e9 E J gt 23 7 1 17 K� 91,,..�yyy9.� Y c�cS 7 a3 OD S \ 25 eA6S 97 �NE \ ' —y SCALE: 1"=300' �6 2 2627 22G�t 9. sl s6j` �\a �e2 , - t11 J dLK SURVEYOR'S CERTIFICATE: 1 4 1i0 , 93 ��2 , 3,EGEN_ THIS DOCUMENT WAS PREPARED UNDER 22 TAC 603.21.DOES NOT REFLECT THEigoi �i 96 \ ----- RESULTS \ OF AN ON THE GROUND SURVEY,AND IS NOT TO BE USED TO CONAEY \1I ,) �g 2 �9�109� / 0 CALCULATED POINT w L\ OR ESTABLISH INTERESTS N REAL PROPERTY EXCEPT THOSE RIGHTS AHD '•' gam 10e 97 iL \ _ INTERESTS IIAPUED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF 16 4 3^�` ARACNYEMS: YET[S.WD BOUNDS DESCRIPDON 13?�7_GR-ANt7EX2-AIB INC BOUNDARY OF INC POLITICAL SUBDIVISION FOR WHICH R WAS PREPARED. ,..../ / �� 10.E NT NO. 12120E 6&SI (PUT} EXHIBIT C MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND SAULS RANCH EAST OWNERS This MUNICIPAL SERVICES AGREEMENT(the"Agreement") is entered into on the day of , 202_, by and between the City of Round Rock,Texas, a home-rule municipality of the State of Texas (the"City"), and VPDF Sauls Ranch LLC,a Delaware limited liability company, DFH Coventry LLC, a Florida limited liability company, and Milestone Community Builders LLC,a Teas limited liability company(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 55.772 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 entered into that certain Development Agreement with the City,dated effective as of October 13,2022, pursuant to Section 212.172 of the Texas Local Government Code,which addresses annexation of the Property;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"Sauls Ranch East Phase II 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 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. 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. 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 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 Republic Services (f/k/a "Central Texas 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, 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 parry'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 Date: Attest: By: Ann Franklin, City Clerk For City,Approved as to Form: By: Stephanie Sandre, City Attorney VPDF Sauls Ranch LLC, a Delaware limited liability company By: VP Finders 2 Holdings LLC, a Deleware limited liability company its Sole member By: Varde Partners, Inc., a D :.. ation, its Manager By: Name: ames E. Dunbar Title: Principal Date: II/ i / zu DFH Coventry, LLC, a Florida limited liability company By:C1-16 Name: Acc, Pat4.1.-/.5 Title: ipivis8•' Pe &4u Date: Jf/I/2'/ Milestone Community Builders,LLC, a Texas limited liability co pany By: (2•Xt/ Name: Terry LaGrone Title: CFO Date: I I / 1/2 a 6