R-06-12-21-9D1 - 12/21/2006RESOLUTION NO. R -06-12-21-9D1
WHEREAS, by petition filed November 22, 2006, Tony, Ltd.
("Petitioner") requested the written consent of the City of Round Rock,
Texas to the inclusion by annexation of a tract of land into the
corporate boundaries of Brushy Creek Municipal Utility District
pursuant to Section 54.016, Texas Water Code; and
WHEREAS, the boundaries of the land to be included in Brushy Creek
Municipal Utility District are described on Exhibit "A" attached hereto
(the "Property"). The Property is located in the extraterritorial
jurisdiction of the City of Round Rock, Texas and is owned by
Petitioner; and
WHEREAS, the City of Round Rock desires to grant its written
consent to the inclusion of the Property in Brushy Creek Municipal
Utility District; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
Section 1. The City of Round Rock, Texas hereby consents to the
annexation of the Property, as more particularly described by metes and
bounds on Exhibit "A" attached hereto, into Brushy Creek Municipal
Utility District.
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
0:\WdOX\RESOLUTZ\R61221D1.WPD/—c
RESOLVED this 21st day of Dece V2.
, or
City of Round Rock, Texas
ATTES .
CHRISTINE R. MARTINEZ,. City Secretar
Exhibit "A"
METES AND BOUNDS DESCRIPTION
BEING 26.41 ACRES OF LAND, SURVEYED BY BASELINE LAND SURVEYORS, INC.,
OUT OF THE THOMAS P. DAVY SURVEY NO. 169, IN WILLIAMSON COUNTY, TEXAS,
AND BEING COMPRISED OF FOUR (4) TRACTS: TRACT NO. i BEING A 7.808 ACRE
TRACT OF LAND; TRACT NO. 2 BEING A 2.281 ACRE TRACT OF LAND; TRACT NO. 3
BEING A 10.12 ACRE TRACT OF LAND, ALL CONVEYED TO TONY, LTD. BY DEED OF
RECORD IN DOCUMENT NO. 2001032912 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; AND TRACT NO. 4 BEING A 6.192 ACRE TRACT OF
LAND CONVEYED TO TONY, LTD. BY DEED OF RECORD IN VOLUME 1589, PAGE 939
OF THE OFFICIAL RECORDS OF WII..LIAMSON COUNTY, TEXAS, AND BEING MORE
PAK TICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rebar found for the southwest corner of said 7.808 acre tract, the
southeast corner of a 4.415 acre tract of land conveyed to Rachel Toungate by deed of record in
Volume 2098, Page 776 of the Deed Records of Williamson County, Texas, and being in the north
right-of-way line of R.M. 620 (R.O.W. varies);
THENCE along the west line of the 7.808 acre tract and the east line of said 4.415 acre tract the
following two (2) courses:
1. North 28107'14" West a distance of 703.17 feet (record -North 25°40'00" Wast a distance
of 703.17 feet) to a 12" iron rebar found;
2. ;North 27°51'35" West a distance of 157.15 feet (record - North 25°24'00" West a distance
of 157.10 feet) to a 1/2" iron rebar found for the northwest comer of the 7.808 acre tract, the
northeast corner of the 4.415 acre tract, the southeast corner of Lot 7, Block "E", The Woods
of Brushy Creek, Section 11, Phase IV, a subdivision of record in Book L, Page 159 of the
Plat Records of Williamson County, Texas, and the southwest corner of Lot 11, Block "B",
The Woods of Brushy Creek, Section III, a subdivision of record in Book G, Page 26 of the
Plat Records of Williamson County, Texas;
THENCE along the north line of the 7.808 acre tract and the South line of said Block "B", The
Woods of Brushy Creek, Section III, the following three (3) courses:
1. North 68033'46" East a distance of 128.83 feet (record - North 71°02'00" East a distance of
128.84 feet) to a 1/2" iron rebar found for the southeast comer of said Lot 11, Block "B",
The Woods of Brushy Creek, Section III and the southwest corner of Lot I% Block "B", The
Woods of Brushy Creek, Section 111;
2. North 71°40'07" East a distance of 82.62 feet (record -North 74°11'00" East a distance of
82.63 feet) to a 12" iron rebar found;
3. North 68010'13" East a distance of 112.16 feet (record -North 70°36'00" East a distance of
112.06 feet) to a 1/2" iron rebw found;
THENCE North 68°58'31" East (record - North 71°28'00" East), along the north line of the 7.808
acre tract, the north line of said 2.281 acre tract, the north line of said 10.12 acre tract, and the south
line of Block "B", The Woods of Brushy Creek, Section III, a distance of 258.08 feet (record —
258.12 feet) to a 1/2" iron rebar found for an angle point in the south line of Lot 7, Block "B", Ttre
Woods of Brushy Creek, Section Ill;
THENCE along the north line of the 10.12 acre tract and the south line of Block "B", The Woods of
Brushy Creek, Section 111, the following five (5) courses:
1. North 69°43'28" East a distance of 147.79 feet (record - North 72005'00" East a distance of
147.84 feet) to a I/2" iron rebar found;
2. North 67°17'06" East a distance of 22.54 feet (record - North 69°34'00" East a distance of
22.56 feet) to a nail found;
3. North 68037'30" East a distance of 88.98 feet (record - North 71°07'00" East a distance of
88.90 feet) to a 1/2" iron rebar found for the southeast comer of Lot 7, Block "B", The
Woods of Brushy Creek, Section III and the southwest comer of Lot 6, Block "B", The
Woods of Brushy Creek, Section III;
4. North 7000611211 East a distance of 96.16 feet (record - North 72°32'00" East a distance of
96.12 feet) to a 1/2" iron rebar found;
5, North 67018'34" East a distance of 92.97 feet (record - North 69042'00" East a distance of
93.15 feet) to a 1/2" iron rebar found for the northeast coater of the 10.12 acre tract and the
northwest comer of said 6.192 acre tract;
THENCE along the north line of the 6.192 acre tract and the south line of Block "B", The Woods of
Brushy Creek, Section III, the following two (2) courses:
I . North 67028'59" East a distance of 214.99 feet (record - North 69032'59" East a distance of
214.90 feet) to a 1/2" iron rebar found;
2. North 60034'46" East a distance of 90.54 feet (record - North 58038'54" East a distance of
90.56 feet) to a 1/2" iron mbar found for the northeast corner of the 6.192 acre tract, the
southeast corner of lot 4, Block "B", The Woods of Brushy Creek, Section III, the southwest
corner of Lot 5, Block "C", The Woods of Brushy Creek, Section VI, Phase It a subdivision
of record in Book Q, Page 141 of the Plat Records of Williamson County, Texas, and the
northwest corner of Lot 6, Block "C", of said The Woods of Brushy Creek, Section VI,
Phase II, from which the approximate northeast corner of the Thomas P. Davy Survey No.
169 and the northwest comer of the John McQueen Survey No. 425 bears North 24003'26"
West a distance of 20.00 feet;
THENCE South 22°40'35" East (record - South 2498'30" East), along the east line of the 6.192
acre but and the west line of said Block "C", The Woods of Brushy Creek, Section VI, Phase II, a
distance of 385.05 feet (record - 385.08 feet) to a 1/2" iron rebar found for an angle point in the west
line of Lot 12, Block "C", The Woods of Brushy Creek, Section Vi, Phase 11;
THENCE South 21°24'OT' East (record - South 23021'06" East), along the east line of the 6.192
acre tract, the west line of Block "C", The Woods of Brushy Creek, Section VI, Phase 11 and the west
line of Block "C", The Woods of Brushy Creek, Section VI, Phase I, a subdivision of record in Book
Q, Page 138 of the Plat Records of Williamson County, Texas, passing at a distance of 464.52 feet a
1/2" iron rcbar found for the southwest corner of Lot 51, Block "C", of said The Woods of Brushy
Creek, Section VI, Phase 1, in the north right-of-way line of said R.M. 620, and continuing along the
north right-of-way line of R.M. 620 for a total distance of 474.80 feet (record - 474.91 feet) to a 1/2"
iron rebar found for the southeast comer of the 6.192 acre tract;
THENCE along the south line of the 6.192 acre tract and the north right-of-way line of R.M. 620,
along a non-tangential curve to the right having a radius of 2241.83 feet (record — 2291.83 feet), a
delta angle of 21°48'47", passing at an arc length of 308.81 feet a 1/2" iron rebar found for the
southwest corner of the 6.192 acre tract and the southeast corner of the 10.12 acre tract, continuing
along the south line of the 10.12 acre tract, and passing at an arc length of 780.09 feet, a 1/2" iron
rebar found for the southwest corner of the 10.12 acre tract and the southeast corner of the 2.281 acne
tract, and continuing along the south line of the 2.281 acre tract for a total arc length of 853.49 feet,
and having a chord which bears South 64°55'52" West a distance of 848.35 fed to a Type I concrete
monument found for a point of tangency in the south line of the 2.281 acre tract 50.00 left of and at
right angles to Engineer's Centerline P.C. Station 302+19.80, from which a Type I concrete
monument found 50.00 right of and at right angles to Engineer's Centerline P.C. Station 302+19.80
hears South 13058'53" East a distance of 100.24 feet (record - South H 039'00" East a distance of
100.00 feet);
THENCE South 75°53'46" West (record - South 78°21'00" West), along the south line of the 2.281
acre tract, the south line of the 7.808 acre tract, and the north right-of-way line of R.M. 620, a
distance of 399.76 feet (record — 399.78 feet) to the POINT OF BEGINNING.
This parcel contains 26.41 acre of land, more or less, out of the Thomas P. Davy Survey No. 169, in
Williamson County, Texas.
Brushy Creek MUD
Proposed Annexation
26.41 acres
REQUEST FOR CONSENT TO THE ADDITIpN OF LAND TO BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
The undersigned Tony, Ltd. (herein the "Landowner") holder of title to the land
hereinafter described, as indicated by the tax rolls of Williamson County, Texas, and
acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code respectfully
requests the City Council of the City of Round Rock, Texas, for its written consent to the
inclusion of land in Brushy Creek Municipal Utility District under Chapters 49 and 54,
Texas Water Code by annexation of land pursuant to the provisions of Chapters 49, Texas
Water Code; and would respectfully show the following:
I.
The boundaries of the land to be included in Brushy Check Municipal Utility
District (the "District") are described on Exhibit "A" attached hereto. The land
encompasses approximately 26.41 acres and is located in the extraterritorial jurisdiction of
the City of Round Rock, Texas. The land is owned by Tony, Ltd., which proposes to
subdivide develop the property for multi -family residential and commercial purposes.
it.
Tony, Ltd, is the owner of title to all the land and is the owner of a majority in
value of the land as indicated by the tax rolls in Williamson County, Texas. There is no
lienholder on the land. There are no residents on the land.
Landowner seeks annexation of the land into the District so that the District will
make retail water and wastewater services available within the tract. There is a necessity
for the inclusion of the land within the District because the District's policy is to not
provide service to lands outside the corporate boundaries of the District unless the lands
are annexed into the District. The estimated cost of the water and wastewater
improvements to be constructed by Landowner for service from the District are
$484,880.00.
IV.
WHEREFORE, the Landowner respectfully prays that this request be heard and
that your Honorable Body duly pass and approve an ordinance or resolution granting the
consent to the inclusion of the land described herein within the District.
RESPECTFULLY SUBMITTED, this ZZ day of November, 2006,
TONY, LTD.,
a Texas limited partnership
By: TONY GP, LLC,
a Texas limited I. ility company,
its General P er
By:
,---* David K. Castilla, Manager
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the r2 day of November, 2006, by
David E. Castilla, Manager of TONY GP, LLC, a Texas limited liability company, General
Partner of TONY, LTD., a Texas limited partnership, on behalf of said limited liability
company and partnership.
Notary Public,
of Texas
PAUL VANGRIEKEN
Notary Public, State of Texas
My Commission Expires
OC }Ober 11, 2009
Exhibit "A"
METES AND BOUNDS DESCRIPTION
BEING 26.41 ACRES OF LAND, SURVEYED BY BASELINE LAND SURVEYORS, INC.,
OUT OF TRE THOMAS P. DAVY SURVEY NO. 169, IN WILLIAMSON COUNTY, TEXAS,
AND BEING COMPRISED OF FOUR (4) TRACTS: TRACT NO. 1 BEING A 7.808 ACRE
TRACT OF LAND; TRACT NO, 2 BEING A 2.281 ACRE TRACT OF LAND; TRACT NO. 3
BEING A 10.12 ACRE TRACT OF LAND, ALL CONVEYED TO TONY, LTD. BY DEED OF
RECORD IN DOCUMENT NO. 2001032912 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; AND TRACT NO. 4 BEING A 6.192 ACRE TRACT OF
LAND CONVEYED TO TONY, LTD. BY DEED OF RECORD IN VOLUME 1589, PAGE 939
OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rebar found for the southwest comer of said 7.808 acre tract, the
southeast corner of a 4.415 acre tract of land conveyed to Rachel Toungate by deed. of record in
Volume 2098, Page 776 of the Deed Records of Williamson County, Texas, and being in the north
right-of-way line of R.M. 620 (R.O.W. varies);
THENCE along the west line of the 7.808 acre tract and the east line of said 4.415 acre tract the
following two (2) courses:
1. North 28007'14" West a distance of 703.17 feet (record -North 25°40'00" West a distance
of 703.17 feet) to a 12" iron rebar found;
North 27°51'35" West a distance of 157.15 feet (record - North 25°24'00" West a distance
of 157.10 feet) to a 12" iron rebar found for the northwest comer of the 7.808 acre tract, the
northeast comer of the 4.415 acre trail, the southeast corner of Lot 7, Block "E", The Woods
of Brushy Creek, Section II, Phase IV, a subdivision of record in Book L, Page 159 of the
Plat Records of Williamson County, Texas, and the southwest corner of Lot 11, Block "B",
The Woods of Brushy Creek, Section 111, a subdivision of record in Book G, Page 26 of the
Plat Records of Williamson County, Texas;
THENCE along the north line of the 7.808 acre tract and the south line of said Block "B", The
Woods of Brushy Creek, Section III, the following three (3) courses:
I . North 68033'46" East a distance of 128.83 feet (record - North 71002'00" East a distance of
128.84 fed) to a 1/2" iron rebar found for the southeast comer of said Lot 11, Block "B",
The Woods of Brushy Creek, Section III and the southwest corner of Lot 10, Block "B", The
Woods of Brushy Creek, Section III;
2. North 71°40'07" East a distance of 82.62 feet (record - North 74°11'00" East a distance of
82.63 feet) to a 12" iron rebar found;
3. North 68° 10' 13" East a distance of 112.16 feet (record - North 70°36'00" East a distance of
112.06 fed) to a 1/2" iron rebar found;
THENCE North 68°58'31" East (record - North 71°28'00" East), along the north line of the 7.808
acre tract, the north line of said 2.281 acre tract, the north line of said 10.12 acne tract, and the south
line of Block "B", The Woods of Brisby Creek, Section III, a distance of 258.08 feet (record —
258.12 feet) to a W' iron rebar found for an angle point in the south line of Lot 7, Block "B", The
Woods of Brushy Creek, Section lIl;
THENCE along the north line of the 10.12 acre tract and the south line of Block "B", The Woods of
Brushy Creek, Section Ill, the following five (5) courses:
1. North 69°43'28" East a distance of 147.79 feet (record - North 72°05'00" East a distance of
147.84 feet) to a 12" iron rebar found;
2. North 67°17'06" East a distance of 22.54 feet (record - North 69°34'00" East a distance of
22.56 feet) to a nail found;
3. North 68°37'30" East a distance of 88.98 feet (record - North 71°07'00" East a distance of
88.90 feet) to a 1/2" iron rebar found for the southeast comer of Lot 7, Block "B"The
Woods of Brushy Creek, Section III and the southwest comer of Lot 6, Block "B",, The
Woods of Brushy Creek, Section III;
4. North 70°06' 12" East a distance of 96.16 feet (record - North 72032'00" East a distance of
96.12 feet) to a 12" iron rebar found;
S. North 67018'34" East a distance of 92.97 feet (record - North 69°42'00" East a distance of
93.15 feet) to a 12" iron rebar found for the northeast comer of the 10.12 acre tract and the
northwest comer of said 6.192 acre tract'
THENCE along the north line of the 6.192 acre tract and the south line of Block "B", The Woods of
Brushy Creek, Section IIl, the following two (2) courses:
I . North 67028'59" East a distance of 214.99 feet (record - North 69032'59" East a distance of
214.90 feet) to a 1/2" iron rebar found;
2. North 60034'46" East a distance of 90.54 feet (record - North 58°38'54" East a distance of
90.56 feet) to a 1/2" iron rebar found for the northeast corner of the 6.192 acre tract, the
southeast corner of lot 4, Block "B", The Woods of Brushy Creek, Section ill, the southwest
corner of Lot 5, Block "C", The Woods of Brushy Creek, Section VI, Phase It a subdivision
of record in Book Q, Page 141 of the Plat Records of Williamson County, Texas, and the
northwest corner of Lot 6, Block "C", of said The Woods of Brushy Creek, Section VI,
Phase Il, from which the approximate northeast corner of the Thomas P. Davy Survey No.
169 and the northwest comer of the John McQueen Survey No. 425 bears North 24'03'26"
West a distance of 20.00 feet;
THENCE South 22°40'35" East (record - South 24538'30" East), along the east line of the 6.192
acre tract and the west line of said Block "C", The Woods of Brushy Creek, Section Vl, Phase It a
distance of 385.05 feet (record - 385.08 feet) to a 12" iron rebar found for an angle point in the west
line of Lot 12, Block "C", The Woods of Brushy Creek, Section VI, Phase IT;
THENCE South 21°24'OT' East (record - South 23021'06" East), along the east line of the 6.192
acre tract, the west line of Block "C", The Woods of Brushy Creek, Section VI, Phase 11 and the west
line of Block "C", The Woods of Brushy Creek, Section VI, Phase I, a subdivision of record in Book
Q, Page 138 of the Plat Records of Williamson County, Texas, passing at a distance of 464.52 feet a
1/2" iron rcbar found for the southwest corner of Lot 51, Block "C", of said The Woods of Brushy
Creek, Section VI, Phase 1, in the north right-of-way line of said R.M. 620, and continuing along the
north right-of-way line of R.M. 620 for a total distance of 474.80 feet (record - 474.91 feet) to a 1/2"
iron rebar found for the southeast comer of the 6.192 acre tract;
THENCE along the south line of the 6.192 acne tract and the north right-of-way line of R.M. 620,
along a non-tangential curve to the right having a radius of 2241.83 feet (record — 2291.83 feet), a
delta angle of 21°48'47", passing at an arc length of 308.81 feet a 1/2" iron rebar found for the
southwest corner of the 6.192 acre tract and the southeast corner of the 10.12 acre tract, continuing
along the south line of the 10.12 acre tract, and passing at an arc length of 780.09 feet, a 1!2" iron
rebar found for the southwest corner of the 10.12 acre tract and the southeast corner of the 2.281 acre
tract, and continuing along the south line of the 2.281 acre tract for a total arc length of 853.49 feet,
and having a chord which bears South 64°55'52" West a distance of 848.35 feet to a Type 1 concrete
monument found for a point of tangency in the south line of the 2.281 acre tract 50.00 left of and at
right angles to Engineer's Centerline P.C. Station 302+19.80, from which a Type I concrete
monument found 50.00 right of and at right angles to Engineer's Centerline P.C. Station 302+19.80
bears South 13°58'53" East a distance of 100.24 feet (record - South 11039'00" East a distance of
100.00 feet);
THENCE South 75053'46" West (record - South 78921'00" West), along the south line of the 2.281
acre track the south line of the 7.808 acre tract, and the north right-of-way line of R.M. 620, a
distance of 399.76 feet (record — 399.78 feet) to the POINT OF BEGINNING.
This parcel contains 26.41 acre of land, more or less, out of the Thomas P. Davy Survey No. 169, in
Williamson County, Texas.
DATE: December 15, 2006
SUBJECT: City Council Meeting - December 21, 2006
ITEM: 9.D.1. Consider a resolution consenting to the annexation by Brushy
Creek Municipal Utility District of 26.41 acres.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
Tony Ltd has requested the City Council's consent to the annexation of 26.41 acres into the
Brushy Creek Municipal Utility District to receive water and wastewater service from the
District. Staff recommends approval.
Funding:
Cost:
Source of funds:
Outside Resources:
Background Information:
N/A
N/A
Brushy Creek Municipal Utility District (BCMUD)
Tony Ltd
The subject property is located within Round Rock's ETJ and a condition of the Brushy Creek
Regional Wastewater Disposal Contract requires Round Rock's consent for the BCMUD to
provide service. The City does not plan to provide wastewater service to this tract.
Public Comment: N/A