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G-12-11-08-G4 - 11/8/2012ORDINANCE NO. — 12,- 11 -a-A AN ORDINANCE DESIGNATING A 4.008 ACRE TRACT OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, OWNED BY AVERY CENTRE DEVCO, INC., AS REINVESTMENT ZONE NO. Zt2 FOR COMMERCIALANDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Round Rock, Texas (the "City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. (the "Code"); and WHEREAS, the City Council called a public hearing for 7:00 P.M. on the 8th day of November, 2012, to consider establishment of a reinvestment zone, such date being seven (7) days after the date of publication of the notice of such public hearing and the notification of other taxing jurisdictions as required by the Code; and WHEREAS, the City at such hearing invited any interested persons to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the Ordinance calling such hearing should be included in such proposed reinvestment zone, the concept of tax abatement; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and no opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: 0lwdox\SCC1nts\0112\ 1204\MUNICIPAL\00261325.DOC I. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. II. The City Council, after conducting such hearings and having heard such evidence and testimony, has made the following findings and determinations based on the testimony presented to it: (a) That a public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted and that notices of such hearing have been published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; (b) That the boundaries of the reinvestment zone should be the area as described in Exhibit A; (c) That creation of the reinvestment zone for commercial/industrial tax abatement with boundaries as described above will result in benefits to the City and to the land included in the zone and the improvements sought are feasible and practical; (d) That the reinvestment zone as defined above meets the criteria for the creation of a reinvestment zone as set forth in Section 312.202 of the Code in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City; and (e) That the reinvestment zone as defined above meets the criteria for the creation of a reinvestment zone as set forth in the City of Round Rock criteria and guidelines adopted by Ordinance No. G-12-11-08-41-5- on November 8, 2012. Pursuant to Section 312.201 of the Tax Code, V.A.T.S., the City hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described in Exhibit "A" and such reinvestment zone is hereby designated as Reinvestment Zone No. 2-5–, City of Round Rock, Texas. 2 IV. 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 $4. day of OVkJ1A bZ(` , 2012. Alternative 2. 2012. READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second reading this the , 2012. 3 day of ALA MCGRAW, Mayor City of Round Rock, Texas N W+E S PROPOSED REINVESTMENT ZONE Subject Tract 4.09 ac. 4.088 Acre Tract Page I of 3 EXHIBIT "A„ DESCRIPTION OF A 4.088 ACRE TRACT OF LAND OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 377.590 ACRE TRACT AS DESCRIBED IN A DEED TO AVERY CENTRE DEVCO, INC. AND RECORDED IN DOCUMENT NO. 2008083894 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 4.088 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a'/2" iron rod with "Baker-Aicklen" cap found at the most westerly northwest corner of said 377.590 acre tract, same being at the point of intersection of the northeasterly right-of-way line of College Park Drive (right-of-way width varies) and the southeasterly right-of-way line of University Boulevard (right-of-way width varies); THENCE with the northeasterly right-of-way line of said College Park Drive, same being the southwesterly boundary line of said 377.590 acre tract, S 20°22'47" E for a distance of 645.07 feet to a'/2" iron rod with "Baker-Aicklen" cap set for the northwest corner and POINT OF BEGINNING hereof; THENCE departing the northeasterly right-of-way line of said College Park Drive, through the interior of said 377.590 acre tract, N 69°35'44" E for a distance of 353.00 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at a point on the northeasterly boundary line of said 377.590 acre tract, same being the northwesterly boundary line of a called 101.376 acre tract as described in a deed to Texas State University System and recorded in Document No. 2004014440 of the Official Public Records of said County, for the northeast corner hereof; THENCE with the northeasterly boundary line of said 377.590 acre tract, same being the northwesterly boundary line of said 101.376 acre tract, the following three (3) courses and distances: 1) S 20°22'47" E for a distance of 35.20 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2) S 58°24'13" E for a distance of 89.29 feet to a disk in concrete found, for an angle point hereof, and 3) S 20°22'47" E for a distance of 340.68 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southeast corner hereof; THENCE through the interior of said 377.590 acre tract, S 69°35'44" W for a distance of 405.50 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at a point on the northwesterly boundary line of said 377.590 acre tract, same being the northeasterly 4.088 Acre Tract Page 2 of 3 right-of-way line of said College Park Drive, for the southwest corner hereof, from which a t/2" iron rod with "Baker-Aicklen" cap found for a point of curvature on the northwesterly boundary line of said 377.590 acre tract, same being the northeasterly right-of-way line of said College Park Drive bears, with the arc of a curve to the left, having a radius of 2030.00 feet, an arc length of 791.42 feet, a central angle of 22'20'15", and a chord which bears, S 34°23'25 E a distance of 786.42 feet; THENCE with the northwesterly boundary line of said 377.590 acre tract, same being the northeasterly right-of-way line of said College Park Drive, the following two (2) courses and distances: 1) with the arc of a curve to the right, having a radius of 2030.00 feet, an arc length of 100.69 feet, a central angle of 02°50'3011, and a chord which bears, N 21°48'02" W for a distance of 100.67 feet to a'/2" iron rod with cap found for a point of tangency hereof, and 2) N 20°22'47" W for a distance of 345.60 feet to the POINT OF BEGINNING hereof and containing 4.088 acres of land. Bearing basis is referenced to the Texas state plane coordinate system, Central Zone NAD'83. Surveyed under the direct supervision of the undersigned during August, 2012. © ......................... Parker J. Graham PARKER GRAN ....:...................., Registered Professional Land Surveyor No. 5556 5556 Baker-Aicklen & Assoc., Inc. 507 W. Liberty Ave. S U Rte"` Round Rock, TX 78664 Job No.: 2179-2-001-20 Filename: W:\PROJECTS\CORNERSTONE HEALTH GROUP\PROJECTS\COLLEGE PARK DR -ROUND ROCK\DESCRIPTIONS\4.088 Acre Tract.doc 1 1 I 1 1 oc)Q U X w Lu 0 ~ W U`}'Wr Q } O Z �Ur�NUO �Ci z) 0 w�WU)? L Q Z-J�UQ =U0LLL 00� w N N M N 0 N C/) LM \ o W (n N J O�a00� c N J U U CO 0 Q} � Q II wooOfZ \ z� 0 N U wr00 `0 0 Z U3 U N O a) fI- J�a� O�NN�` 1 .- J W U U LL 3 0LLJ CO M� C� C Z1 o z Z > Q 00� N d�NV1 CD W W 1 W v r w J A � Q O z U Q 1 N N O 00 N Q OS'SOb M„bb9£o69S � I Z w OLL 0 a LL V Ij a:U F �w �i Z00 Y O ofV C ? O� w o O ■ 0 CD N O a) fI- O �— .- OCDMc CD GOON O c'') U ChoUnpO W W O c p cow N II N st II v r w A � Q O z U N N O 00 N Q z Q co Ln co CO WIZ W CN " Q I" X.00TSC rnIt N > U U zUc0 Z = I o 0 00�W 0 3„bb,9Ea69N I > ¢ c w Q I w OXZ OrnC U0 Wr-Z=o z I 0 �� Z � LU I UJOZL) LU LLI 0 L) ao� LLz �IzX � I �Q�a LUQ wmofuj �Uco 0C)U 02 z6 w I wUOLLJ Q 00� >< Lu wI I �> 0LU � a rn N U 0 L Ow 1 d m -grN D Luu?d 10 NI O XzmU ZC'')F-aZ o U) F- Q Z d w0Z 0 UaU) �� I 0 W a w �- -J <_j >(0LLL'--J' OU Q o0� CO (S31HVA Hla1M AVM-30-1HJIN) MJVA3-1noe AiISb3AINn 0 N Q N N 0 z U w x a U W U Q O O 0 v 4 7 y Z zin z l7 0 b m w z Y co U w o Q Q _ o Q U W 0 Yco m QQo m ca ROUND ROCK, TEXAS City Council Agenda Summary Sheet PURPOSE PASSION. PROSPERnY. Agenda Item No. G4. Consider public testimony and an ordinance creating a reinvestment zone for a 4.008 acre tract of land, out of the Abel Eaves Survey, Abstract No. 215, owned by Avery Center Agenda Caption: Devco, inc. (First Reading) Meeting Date: November 8, 2012 Department: Planning and Development Services Department Staff Person making presentation: Peter Wysocki Planning and Development Services Director Item Summary: A reinvestment zone needs to be created in order for a tax abatement agreement to be considered by the City Council on a proposed acute care hospital. RE Holdings (a partnership between a developer and hospital operator), based in Dallas, Texas, specializes in the treatment of medically complex patients who require acute care hospital services and rehabilitation for an extended period of time. This group currently owns and operates sixteen freestanding and "hospital -in-hospital" long-term acute care ("LTAC") facilities in Texas, Louisiana, Arizona and West Virginia and manages four hospital -in-hospital facilities in Cleveland, Ohio. A new, approximately 60,000 -square foot long term acute hospital is proposed for this site. The hospital will consist of 50 beds. The reinvestment zone is 4.008 acres and it consists of one parcel created for the acute care hospital. The subject area is depicted on the attached map. The reinvestment zone must be established prior to the Council's action on the tax abatement agreement. Cities are authorized to establish reinvestment zones pursuant to Texas Tax Code Section 312.201. The purpose of the reinvestment zone is to establish a boundary for an area which will receive a tax abatement - in this case, the acute care hospital. Cost: N/A Source of Funds: N/A Recommended Action: Approval s 3 t i ORD 2014003424 10 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. G -12-11-08-G4 which designates a 4.008 acre tract of land owned by Avery Centre Devco, Inc., as Reinvestment Zone No. 25 for Commercial/Industrial Tax Abatement. This ordinance was approved and adopted at a regular meeting held on the 81h day of November 2012 and recorded in the City Council Minute Book .o CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of January 2014. LLJ SARA L. WHITE, TRMC, City Clerk ORDINANCE NO. - 1 ' I I -a-A+ AN ORDINANCE DESIGNATING A 4.008 ACRE TRACT OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, OWNED BY AVERY CENTRE DEVCO, INC., AS REINVESTMENT ZONE NO. Znf�F FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Round Rock, Texas (the "City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. (the "Code"); and WHEREAS, the City Council called a public hearing for 7:00 P.M. on the 8th day of November, 2012, to consider establishment of a reinvestment zone, such date being seven (7) days after the date of publication of the notice of such public hearing and the notification of other taxing jurisdictions as required by the Code; and WHEREAS, the City at such hearing invited any interested persons to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the Ordinance calling such hearing should be included in such proposed reinvestment zone, the concept of tax abatement; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and no opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: 0:\wdox\SCCI.t,\0112\12MMUNICIPAU00261325 DOC I. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. II. The City Council, after conducting such hearings and having heard such evidence and testimony, has made the following findings and determinations based on the testimony presented to it: (a) That a public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted and that notices of such hearing have been published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; (b) That the boundaries of the reinvestment zone should be the area as described in Exhibit A; (c) That creation of the reinvestment zone for commercial/industrial tax abatement with boundaries as described above will result in benefits to the City and to the land included in the zone and the improvements sought are feasible and practical; (d) That the reinvestment zone as defined above meets the criteria for the creation of a reinvestment zone as set forth in Section 312.202 of the Code in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City; and (e) That the reinvestment zone as defined above meets the criteria for the creation of a reinvestment zone as set forth in the City of Round Rock criteria and guidelines adopted by Ordinance No. G-12-11-08--013—on November 8, 2012. Pursuant to Section 312.201 of the Tax Code, V.A.T.S., the City hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described in Exhibit "A" and such reinvestment zone is hereby designated as Reinvestment Zone No. �, City of Round Rock, Texas. 2 IV. 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 t& )VQ IM J?Z(` , 2012. Alternative 2. 2012. READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second reading this the day of 12012. 3 i 4 ALA MCGRAW, Mayor City of Round Rock, Texas PROPOSED REINVESTMENT ZONE 4.088 Acre Tract Page 1 of 3 EXHIBIT "AN DESCRIPTION OF A 4.088 ACRE TRACT OF LAND OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 377.590 ACRE TRACT AS DESCRIBED IN A DEED TO AVERY CENTRE DEVCO, INC. AND RECORDED IN DOCUMENT NO. 2008083894 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 4.088 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a'/2" iron rod with "Baker-Aicklen" cap found at the most westerly northwest corner of said 377.590 acre tract, same being at the point of intersection of the northeasterly right-of-way line of College Park Drive (right-of-way width varies) and the southeasterly right-of-way line of University Boulevard (right-of-way width varies); THENCE with the northeasterly right-of-way line of said College Park Drive, same being the southwesterly boundary line of said 377.590 acre tract, S 20°22'47" E for a distance of 645.07 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northwest corner and POINT OF BEGINNING hereof; THENCE departing the northeasterly right-of-way line of said College Park Drive, through the interior of said 377.590 acre tract, N 69°35'44" E for a distance of 353.00 feet to a'/z" iron rod with "Baker-Aicklen" cap set at a point on the northeasterly boundary line of said 377.590 acre tract, same being the northwesterly boundary line of a called 101.376 acre tract as described in a deed to Texas State University System and recorded in Document No. 2004014440 of the Official Public Records of said County, for the northeast corner hereof; THENCE with the northeasterly boundary line of said 377.590 acre tract, same being the northwesterly boundary line of said 101.376 acre tract, the following three (3) courses and distances: 1) S 20°22'47" E for a distance of 35.20 feet to a'/z" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2) S 58'24'13" E for a distance of 89.29 feet to a disk in concrete found, for an angle point hereof, and 3) S 20022147" E for a distance of 340.68 feet to a 1/z" iron rod with "Baker-Aicklen" cap set for the southeast corner hereof; THENCE through the interior of said 377.590 acre tract, S 69°35'44" W for a distance of 405.50 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at a point on the northwesterly boundary line of said 377.590 acre tract, same being the northeasterly 4.088 Acre Tract Page 2 of 3 right-of-way line of said College Park Drive, for the southwest corner hereof, from which a '/s" iron rod with "Baker-Aicklen" cap found for a point of curvature on the northwesterly boundary line of said 377.590 acre tract, same being the northeasterly right-of-way line of said College Park Drive bears, with the arc of a curve to the left, having a radius of 2030.00 feet, an arc length of 791.42 feet, a central angle of 22'20'15", and a chord which bears, S 34°23'25 E a distance of 786.42 feet; THENCE with the northwesterly boundary line of said 377.590 acre tract, same being the northeasterly right-of-way line of said College Park Drive, the following two (2) courses and distances: 1) with the arc of a curve to the right, having a radius of 2030.00 feet, an are length of 100.69 feet, a central angle of 02°50'30", and a chord which bears, N 21°48'02" W for a distance of 100.67 feet to a'/2" iron rod with cap found for a point of tangency hereof, and 2) N 20°22'47" W for a distance of 345.60 feet to the POINT OF BEGINNING hereof and containing 4.088 acres of land. Bearing basis is referenced to the Texas state plane coordinate system, Central Zone NAD' 83. Surveyed under the direct supervision of the undersigned during August, 2012. O e •T fit N.......................NN Parker J. Graham PARKER GRAHAM Registered Professional Land Surveyor No. 555690f5556e�� Otr Baker-Aicklen & Assoc., Inc. 2. . SUFts s t 507 W. Liberty Ave. �,..;,._ Round Rock, TX 78664 Job No.: 2179-2-001-20 Filename: W:\PROJECTS\CORNERSTONE HEALTH GROUp\PROJECTS\COLLEGE PARK DR -ROUND ROCK\DESCR"ONS\4.099 Acre Tract.doc 0 1� m \\ O w m N C,U 11 - 2 % R w \ \ o UO0 cn Q IX co 01 ov¢�owz� Z Z W 1 OM04L) \ EE Oa O a w d.o a 1 Z=OU s` \ ` o U HV zMHaz NVlN ` w >Z 1 W O w J 0 N o c C = > W Uw�Q per. 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"A.69N 3 1 > Q o W N / f; 4M I a I OrnNU� N I W LQ O J O o ~ li of�Zj0 Z ch F- Z rf; I I wa I wowa0 w = U W Q to �Q OI U (9 I % Z��OX LLZ un w WUUEz - y I w�o� °Z SI W w ( > o►LJ oagw� Ow til Ov o I ¢ Ooh IOQOiNV0 dm (VI LL Y N O I w�z?0 < ONI z a- z�E-az � UowJ WWQ(n Iaw I >VOLLJ I o I Q 003 QI I\ (S31NVA HiGM AVM-=10-1H0Ia) aWA31noa AlISN3AINn w O Y a O N H J w Q N U U Q ~ � O Q co W .z ,ito V) w w z It O U 0 N 4 N n N d Z ww IL cv LL 0 cn LU C7 n a b W JZ Y Yui U w o QQ—� Q U W _ yQ a ea Ordinance No. G -12-11-08-G4 Adopting Reinvestment Zone No. 25 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY CLERK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2014003424 01/16/2014 01:30 PM DPEREZ $57.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS