R-2025-148 - 6/12/2025 RESOLUTION NO. R-2025-148
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 Nelson Homestead Family Partnership, Ltd., a Texas limited partnership (the
"Owner") requesting the annexation of 2.673 acres of land situated in the Joseph Mott Survey,
Abstract No. 427,Williamson County,Texas (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 owners 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.
0112.20252;4916-3539-8943
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 12th day of June, 2025.
A M /
CRAIG MORGYq, Mayor
City of Round +ck, Texas
AlST:
ANN FRANKLIN, City Clerk
2
EXHIBIT
«A»
MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
NELSON HOMESTEAD FAMILY PARTNERSHIP,LTD.
This MUNICIPAL SERVICES AGREEMENT(the"Agreement")is entered into on the
day of , 2025,by and between the City of Round Rock,Texas,
a home-rule municipality of the State of Texas(the"City"),and Nelson Homestead Family
Partnership, Ltd., a Texas limited partnership (the"Owner").
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 Owner owns a certain parcel of land situated in Williamson County,
Texas, which consists of approximately 2.673 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 Owner has filed a written request with the City for annexation of the
Property pursuant to Section 43.0671, identified as the "Nelson Annexation" (the
"Annexation"); and
WHEREAS, the City and Owner 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, hi 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.
S. 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:
Ann Franklin,City Clerk
For City,Approved as to Form:
By:
Stephanie Sandre, City Attorney
OWNER:
NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD.
a Texas limited partnership
By:Nelson Homestead Management, LLC
a Texas limited liability company
its general partner
By: C
JC'telson,Manager
JOSEPH MOTT SURVEY,ABSTRACT NO.427 DECEMBER 06,2024
WILLIAMSON COUNTY,TEXAS A3541-2401
EXHIBIT A PAGE 1 OF 3
LEGAL DESCRIPTION
DESCRIPTION OF A 2.673 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO.
427, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THE REMAINDER OF A CALLED 1,629.95 ACRE TRACT,
CONVEYED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP,
RECORDED IN DOCUMENT NO. 9824078, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS,
(O.P.R.W.C.TX.);SAID 2.673 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATA 1/2-INCH IRON ROD FOUND WITH CAP STAMPED"PAPE DAWSON"(GRID COORDINATES
N:10,187,814.43, E:3,145,527.69) FOR THE COMMON CORNER OF SAID REMAINDER TRACT, VIZCAYA,
PHASE 3C, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2018080057, O.P.R.W.C.TX., AND VIZCAYA,
PHASE 36,A SUBDIVISION OF RECORD IN DOCUMENT NO.2017046096,O.P.R.W.C.TX.,SAID POINT BEING
THE SOUTHWEST CORNER AND POINT OF BEGINNING OF THIS TRACT, FROM WHICH A 1/2-INCH IRON
ROD FOUND WITH CAP STAMPED"PAPE DAWSON" BEARS SOUTH 21 DEGREES 23 MINUTES 08 SECONDS
EAST,A DISTANCE OF 196.60 FEET;
THENCE NORTH 21 DEGREES 23 MINUTES 08 SECONDS WEST, WITH THE COMMON LINE OF SAID
REMAINDER TRACT AND VIZCAYA, PHASE 3C, A DISTANCE OF 80.35 FEET TO A CALCULATED POINT FOR
THE NORTHWEST CORNER OF THIS TRACT, FROM WHICH A 1/2-INCH IRON ROD WITH CAP STAMPED
"PAPE DAWSON" FOUND BEARS NORTH 21 DEGREES 23 MINUTES 08 SECONDS WEST, A DISTANCE OF
9.91 FEET;
THENCE OVER AND ACROSS SAID REMAINDER TRACT, THE FOLLOWING FOUR (4) COURSES AND
DISTANCES:
1. WITH A CURVE TO THE LEFT, HAVING AN ARC LENGTH OF 328.89 FEET,A RADIUS OF 959.90 FEET,
A DELTA ANGLE OF 19 DEGREES 37 MINUTES 52 SECONDS,AND A CHORD THAT BEARS NORTH 64
DEGREES 23 MINUTES 44 SECONDS EAST,A DISTANCE OF 327.28 FEET TO A CALCULATED POINT,
2, NORTH 54 DEGREES 34 MINUTES 48 SECONDS EAST, A DISTANCE OF 671.48 FEET TO A
CALCULATED POINT AT THE BEGINNING OF A CURVE TO THE RIGHT,
3. WITH SAID CURVE TO THE RIGHT,HAVING AN ARC LENGTH OF 252.18 FEET,A RADIUS OF 1,039.90
FEET, A DELTA ANGLE OF 13 DEGREES 53 MINUTES 40 SECONDS, AND A CHORD THAT BEARS
NORTH 61 DEGREES 31 MINUTES 38 SECONDS EAST, A DISTANCE OF 251.56 FEET TO A
CALCULATED POINT,AND
4. NORTH 68 DEGREES 28 MINUTES 28 SECONDS EAST, A DISTANCE OF 203.11 FEET TO A
CALCULATED POINT ON THE COMMON LINE OF SAID REMAINDER TRACT AND A CALLED 222.20
ACRE TRACT, CONVEYED TO DEBRA KAY BRIGGS, RECORDED IN DOCUMENT NO. 2023063688,
O.P.R.W.C.TX., FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE SOUTH 21 DEGREES 20 MINUTES 22 SECONDS EAST, WITH THE COMMON LINE OF SAID
REMAINDER TRACT AND SAID 222.20 ACRE TRACT, A DISTANCE OF 79.99 FEET TO A CALCULATED POINT
FOR THE SOUTHEAST CORNER OF THIS TRACT, FROM WHICH A 1/2-INCH IRON ROD WITH CAP STAMPED
"FOREST RPLS 1847" FOUND BEARS SOUTH 21 DEGREES 20 MINUTES 22 SECONDS EAST, A DISTANCE OF
851.99 FEET;
JOSEPH MOTT SURVEY,ABSTRACT NO.427 DECEMBER 06,2024
WILLIAMSON COUNTY,TEXAS A3541-2401
PAGE 2 OF 3
THENCE OVER AND ACROSS SAID REMAINDER TRACT, THE FOLLOWING FOUR (4) COURSES AND
DISTANCES:
1. SOUTH 68 DEGREES 28 MINUTES 28 SECONDS WEST, A DISTANCE OF 202,85 FEET TO A
CALCULATED POINT AT THE BEGINNING OF A CURVE TO THE LEFT,
2. WITH SAID CURVE TO THE LEFT, HAVING AN ARC LENGTH OF 232.78 FEET, A RADIUS OF 959.90
FEET, A DELTA ANGLE OF 13 DEGREES 53 MINUTES 40 SECONDS, AND A CHORD THAT BEARS
SOUTH 61 DEGREES 31 MINUTES 38 SECONDS WEST, A DISTANCE OF 232.21 FEET TO A
CALCULATED POINT,
3. SOUTH 54 DEGREES 34 MINUTES 48 SECONDS WEST, A DISTANCE OF 671.48 FEET TO A
CALCULATED POINT AT THE BEGINNING OF A CURVE TO THE RIGHT,AND
4. WITH SAID CURVE TO THE RIGHT,HAVING AN ARC LENGTH OF 348.46 FEET,A RADIUS OF 1,039.90
FEET, A DELTA ANGLE OF 19 DEGREES 11 MINUTES 58 SECONDS, AND A CHORD THAT BEARS
SOUTH 64 DEGREES 10 MINUTES 47 SECONDS WEST,A DISTANCE OF 346.83 FEET TO THE POINT
OF BEGINNING AND CONTAINING 2.673 ACRES OF LAND, MORE OR LESS.
BEARING BASIS:
ALL BEARINGS SHOWN ARE BASED ON THE TEXAS COORDINATE SYSTEM,CENTRAL ZONE,NAD83/2011.ALL DISTANCES SHOWN
ARE GRID DISTANCES,U.S.SURVEY FEET.
OF T
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2024-12-06 MATT OVERALL
MATT OVERALL,RPLS#6864 6864
UA SURVEYING,INC, �y%°FEss.•+•
7500 RIALTO BLVD,BUILDING II,SUITE 100 �� SU
AUSTIN,TEXAS 78735
TEXAS FIRM NO. 10194382
Curve Table
Arc Chord Chord (hN�
Curve# Length Radius Delta Bearing Distance
C1 328.89' 959.90 19°37'52" N64°23'44"E 327.28' soh=rrwcT
C2 252.18' 1,039.90 13°53'40" N61'31'38"E 251.56'
0 150' 300'
C3 232.78' 959.90 13°53'40" 1 S61'31'38"W 232.21' MwAN5b1C N M Y.
C4 348.46' 1,039.90 19°11'58" S64° 10'47W 346.83' VICINITY MAP
IL (NOT TO SCALE)
Line Table LEGEND
Line# Direction Length
CALCULATED PONT
vniP[atm"""room
L1 N21°23'08"W 80.35'
i/z rDR Rao y w
weir R�IRMY rarRo
D"Dwf UNE
L2 N54°34'48"E 671.48' ADMNER UNE
. ..— APPAOgM UM SURVEY LNC
P'O.& PORT OF R'QNNNO
L3 N68°28'28"E 203.11' P.O.R POINT OF ROiAETIR
OPRt.O.TRU. CrnCm Pusm RECORDS
ULUL4 S21'20'22"E 79.99' �e�"''E"�
0.RM.0-TX "WAMMON CgMTY.TEX"
L5 568°28'28"W 202.85'
O ArN DWM TROT
L6 S54°34'48"W 671.48'
L7 S21'23'08"E 196.60'
L8 S21°20'22"E 851.99'
DEBRA KAY BRIGGS
L9 N21*23'08'W 9.91' E L5 No. 2023083688
G222-20 ACRES
y... DDOCUMENTO.P.R.W.C.TX.
VIZCAYA, PHASE 4D PA'S ►�- �O
DOCUMENT NUMBER .
2018113595
O.P.R.W.C.TX.
�6 �CD
ANNEXATION TRACT
2.673 ACRES
0 O.R. ...
'x'' WZCAYA, PHASE 3C L9 G1 •
6 DOCUMENT NUMBER
< 2018080057 """
O.P.R.W.C.TX.
Z r� GQ NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD.,
LOT 39A TEXAS LIMITED PARTNERSHIP
P.0.8. REMAINDER OF A
R VOS N:10,187,814.43 CALLED 1629.95 ACRES
: V0� S� E:3,145,527.69 DOCUMENT NUMBER 9824078 P.O.R.
C, VOS 36 O.P.R.W.C.TX.
s O.R.
LDZ 35 DESCRIBED IN
i MZCAYA, PHASE 38 VDT VOLUME 305, PAGE 219
e DOCUMENT NUMBER LOT 33 D.R.W.C.TX.
201704&096
O.P.R.W.C.TX. LOT 32 OF
LOT 31
LOT 30
......................
3 MATT OVERALL
N .................
7 6664
Y GENERAL NOTES °FESS oar:'
SUF�G ��"�wv lllJJJ
1. BEARING BASIS BEING GRID NORTH,TEXAS STATE PLANE COORDINATES, MATT OVERALL REGISTERED PROFESSIONAL
�N CENTRAL ZONE,NAD83(2011)EPOCH 2018 LAND SURVEYOR
2. VERTICAL DATUM:NAVD88 TEXAS REGISTRATION NO.6864
3. ALL DISTANCES SHOWN ARE GRID VALUES. DATE OF SURVEY: 12/06/2024
s�
r= D=MR
EXHIBIT "A"
f PAGE 3 DLJA Surveying,Inc.
W 2.673 ACRES7500 Rialto Blvd,Budding II Phone 512.439.4700
CANNEXATION TRACT Suite 100
OF PJOSEPH MOTT,ABSTRACT EX 427 Au50 n,Te%as 78735 T.B.P.LS.Firm No.10194382
gg WILLIAMSON COUNTY,TEXAS
Vi m