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G-05-04-14-13A3 - 4/14/2005ORDINANCE NO. a_05--01-1-p---i-i3R3 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on or about December 10, 2004, owners of real property located within the Forest Creek Drive Public Improvement District delivered to the City a Petition (the "Petition") to create the Forest Creek Drive Public Improvement District (the "District") that is described in Exhibit "A," attached hereto and incorporated herein, save and except the 3.469 acres described in Exhibit "B," attached hereto and incorporated herein and as is shown on the map attached hereto and made a part hereof and marked Exhibit "C" (the "Property"); and WHEREAS, the City staff and City Council reviewed the Petition and determined that the owners of taxable real property representing more than 5096 of the appraised value of the taxable real property liable for assessment under the Petition and owning more than 500 of the area of all taxable real property within the District executed the Petition and that the Petition complies with the Act and authorized the City Council of the City of Round Rock to consider making findings as to the advisability of the creation of the District; and @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050414A3.WPD/bbw WHEREAS, after providing notices required by Section 372.009 of the Act, the City Council on March 10, 2005 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, on March 10, 2005, the City Council passed a Resolution which authorized and approved the District and in accordance with its findings as to the advisability of the improvements, recommended and approved the District; and WHEREAS, the authorization of the District took effect when notice of the passage of the Resolution was published in a newspaper of general circulation in the City on March 15, 2005; and WHEREAS, pursuant to the Act, the proposed assessment roll and service plan were filed with the City Secretary, and the statutory notice of a public hearing on April 14, 2005 to consider the levy of the proposed assessments on the Property within the District was accomplished; and WHEREAS, after notice was provided as required by the Act, the City Council on April 14, 2005 held a public hearing to consider the levy of the proposed assessments on the Property within the District, heard and passed on any objections to the proposed assessments and closed the public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS; 2. Section 1. All matters stated in the preamble of this Ordinance are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. The action of the City Council closing the April 14, 2005 public hearing in these proceedings is hereby ratified and confirmed. Section 3. The advisory body has recommended to the City to approve the attached assessment/service plan and the City Council hereby approves the Assessment Plan (the "Assessment Plan"). Section 4. The City Council finds that the assessments as set forth in the Assessment Plan should be made and levied against the respective parcels of Property within the District and against the owners thereof, and are substantially in proportion to the benefits to the respective parcels of Property by means of improvements in the District for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners to the respective properties and between all parties concerned considering the benefits received and burdens imposed, and further finds that in each case the Property assessed is specially benefitted by means of the said improvements in the District, and further finds that the apportionment of the cost of the services is in accordance with the law in force in this City and State and the proceedings of the City heretofore had with reference to the formation of the District and the imposition of the assessments for said improvements are in all respects valid and regular. 3. Section 5. There shall be and is hereby levied and assessed against the Property within the District, and against the real and true owners thereof (whether such owners be correctly named or not), the sum of money as listed in the Assessment Plan attached hereto and made a part hereof. Section 6. The sum above mentioned and assessed against the Property and the owner thereof, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a first, prior and superior the respective parcels of Property against which the assessed, and a and true owners personal liability and charge against of such property, whether such owners lien upon same are the real be named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the Property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims except State, County, School District and Municipal ad valorem taxes. Section 7. All assessments levied are a personal liability and charge against the real and true owners of the premises described notwithstanding such owners may not be named, or may be incorrectly named. Assessments may be paid in full and a complete release of lien executed by the City as stated in Section 7 of the Assessment Plan. The owner may pay the full and complete amount of the assessment plus interest accrued to the date of payment and upon such payment of principle and interest receive a full and complete release of lien executed by the City. All interest payments on the assessments are calculated to the 4. date of payment. All payments shall be in accordance with the Assessment Plan attached hereto. Section 8. This Ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. II. 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. of AD, PASSED, and ADOPTED on first reading this , 2005. 5. ly day Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. t'yw CHRISTINE MARTINEZ, City Secretary MAXWELL, ayor City of Round Rock, Texas 6. OCT -12-2004 16:20 CITY OF ROUND ROCK a EXHIBIT 5122187097 P.11/21 Being 147.076 acres of land, more or less, out of and a part of the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being more fully described as being all of that certain Tract 3, described in a deed to Round Rock Ranch, Ltd., as recorded in Volume 2418, Page 51 of the Deed Records of Williamson County, Texas. 6 OCT -12-2004 i6:19 CITY OF ROUND ROCK AUSTIN SURVEYORS P.O. BOX 10043 AUSTIN, TEXAS 18718 2105 JUSTIN LANE 1103 (512) 4544605 Ac ompmime i f - plat 10434nmdiP • FIELD NOTES FOR 3.469 ACRES 5122187097 P. 09/21 A11 that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a pats of a 147.076 acre tract of land, designated as Tract 3, in a deed to Round Rock Ranch Ltd. • recorded in Volume 2418, Page 51of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: .1 BEGINNING at an iron pin found in an angle point attic above mentioned Tract 3 for the South comer of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Document No. 2000006061 and the West corner of a 9.550 acre tract of land conveyed to C.F. Ertz by deed recorded as Document No. 9621999 of the Official Records of Williamson County; Texas, and the East Comex ofthis tract. THENCE S 89°29'3TW 4.26 feet to as iron pin set in the PC of a curve to the left said carve having a radius of 1350.00 feet and a central angle of 14°54'37". THENCE with the arc of the said carve 351.32 feet the long chord of which bears S 80°20'5T' W 350.32 to an iron pin set for the PT ofthe said curve_ THENCE S 27909'37"W 28.13 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1330.00 feet and a central angle of 16°09'13". THENCE with the arc of the said 'curve 374.97 feet the long chord of which bears S 63°58'17" W 373.73 to an iron pin set for the PT ofthe said curve. • THENCE S 77'27'51"W 52.04 feet to au iron pin set in the PC of a curve to the left said curve having a radius of 1350.00 feet and a central angle of 01°20'15". THENCE with the arc of the said curve 31.52 feet the long chord of which bears S 53°10'17" W 31.51 to an ikon•pin set for the PT of the said curve. THENCE S 52°30'09" W 565.80 feet to an iron pin set on the Northeast line of a 41.153 acre tract of land conveyed to the State of Texas by deed recorded in Volume 1970, Page 515 ofthe Deed Records of Williamson County, Texas far the South comer of this tract. THENCE N 51°44'46" W with the Northeast line oldie above mentioned 41.153 acre tract 103.17 feet to an iron pin set for the West comer of this tract. THENCE N 52°30'09" E 591.20 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 1450.00 feet and a central angle of 3432'39". THENCE with the arc of the said curve 874.22 feet the sub -chord of which bears N 69°46'29" E 861.04 feet to an iron pin set on the Northeast line of the said Tract 3 and the South comer of the above mentioned 8.856 acre tract for the North comer of this tract. B EXHIBIT OCT -12-2004 16:20 CITY OF ROUND ROCK 5122187097 P.10/21 3.469 ACRES "- PAGE 2 OF 2 THENCE S 04°29'45" E with the Northeast line of the said Tract 3 52.66 feet to an iron pin found for an angle point of this tract. THENCE S 26°24'58" E 51.96 feet to the POINT OF BEGINNING containing 3.469 acres of land, more or less_ I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2001 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of tide from Round Rode Ranch, Ltd. to The City of Round Rock. Any use of this description by any person for any other purpose is expressly prohibited. Claude`F. Hinkle, Jr. G R.P.LS. No. 4629 Jif 061 Os Date 1043.doc OCT -12-2 4 16:28 C I TY C P% UND F BC 91.22187097 P .12/21 �A/iiP 4. tMmn►ia 1111111111 Forest Creek Drive Cost. Sharing Agreements ASSESSMENT ROLL FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT Property Owner Parcel Assessment Round Rock Ranch, Ltd. Tract 3* $677,081.55 *Excluding 3.469 acres described in Exhibit A attached hereto and incorporated herein. OCT -12-2004 16:19 CITY OF ROUND ROCK • • AUSTIN SURVEYORS • raDCXuaz43 AtIsTIN. TELt$1$7 5 2105 JUSTI v r.AIE Nro3 (512)4544605 Aoywallmest toeplat IW3aermdh1 FIELD NOTES FOR 3.469 ACRES 5122187097 P.09.'21 All that certain tractor parcel of land situated is the 1'. A. Holder Survey, A-297, Williamson County, Texas and beteg a part of a 147.076 acre tract of land, designated as Tract 3, in a deed to Round Rock Ranch Ltd. • recorded in Volume 2418, Page 51of the Deed Records of Williamson County, Texas. and being more particularly described by metes and bounds as follows: BEGINNING at an iron pia found in an angle point ofthe above mentioned Tract 3 for the South comer of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Doamueok No. 2000006061 and the West corner of a 9.550 acne tract of land conveyed to C.F. adz by deed recorded as moment No. 9621999 of*. Oficial Records of Williamson County, Texas, and the East comer of this tract.. ' THENCE S 89°29'3T'W 4.26 feet to as iron pin set in the PC of a curve to the left said curve having a radius .of 1350.00 feet and a central angle of 14°54'37". THENCE with the arc of the said curve 351.32 feet the long chord of which bears • S 80°20'57" W 350.32 to an iron pia set for the PT ofthe said curve. THENCE S 27°09'37" W 28.13 fbet to an ir+an pun set in the PC of a curve to the left said curve having a radius of 1330.00 foot and a central angle of 161'09'13". THENCE with the arc of the said curve 374.97 feet the long chord of which bears S 63°58117"W 373.73 to an iron pin sat for the PT ofthe said curve. THENCE S 77°27'51"W 52.04 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1350.00 feet and a cental angle of 01°20'15". THENCE with the arc of the said curve 31.52 feet the long chord of which bears S 53°10'17" W 31.51 to an iron pin set for the PT ofthe said curve. 'INCE S 52°30'09" W 565.80 feet to an iron pin set on the Northeast- line of a 41.153 acre tract of land conveyed to the Salta of Texas by deed recorded in Volume 1970, Page 515 ofthe Deed Records of Williamson County, Texas for the South comer ofthis tract. THENCE N 51°44'46" W with the Northeast line ofthe above mentioned 41.153 acre tract .1 103.17 feet to an iron pin set for the West corner of thus tract. • THENCE N 52°30'09" R 591.20 feet to as itetc pin set in the PC of a Curve to the right said • curve baying a radius of 1450.00 feet and a central angle of 342'39". THENCE with the arc of the said curve 87422 feet the sub -chord of vvhich bears N 69°46'29" E 861.04 feat to an iron pun sot on the Northeast line of the said Tract 3 and the South comer ofthe above mentioned 8.856 acre tract for the North comer of this tract. EXHIBIT A OCT -12-2004 16:20 3.469 ACRES ' - CITY OF ROUND ROC; 5122187097 P.10/21 PAGE 2 OF 2 THENCE S 04°29'45" B with the Northeast line of the said Tract 3 52.66 feet to an iron pus fncmd form angle point ofthis track 'THENCE S 26°2458" E 51.96 feet to the POINT OF BEGINNING containing 3.469 acres of land, more or less. I, Claude F. Ifmkle, Ir. , a Registered Professional Land Surveyor, do hey certify that these field notes were preps from an on -the -ground survey made under my supervision during May of 2001 and are correct to the best of lay knowledge and belief These field notes were prepared for a transfer of title from Round Rock Ranch, Ltd. to The City of Round Rock. Any use ofthis description by any parson for any otherpuipose is ezpresslyprohibitcd. /o Oa 03 Date 1043.doc PARADISE RIDGt DR • BELVEDERE Pt . ;: . "RC/Sk�:RD 0: z AVM XIN3Q1714 2i173H3Vd¢ SIN$ GHT DR 3011SOE CRtEK DR f0RT' ITIHH THOMAS PL . . MALE CREEK DR U w caW EDW000TRCE' FOREST CREEK DRIVE. PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvement District Assessment Act" (the "Act"), authorizes and defines formation of a Public Improvement District within the State of Texas. By action taken by the City Council, on March 10, 2005, the City of Round Rock (the "City") passed Resolution No. R -05-03-10-14B2 which authorized the establishment of Forest Creek Drive Public Improvement District (the "District"). In compliance with requirements outlined in various sections of the Act, the Assessment/Service Plan for the District is defined herein. Section 1. Improvements and Services to be Provided to the District. After analyzing the improvements authorized by the Act, the City, acting through the District, determined that the acquisition of the improvements set forth herein (the "Improvements") which are allowed by the Act should be provided within the District and will be of special benefit to the property described herein within the District. The Improvements shall consist of the costs of all materials and labor for the construction of two lanes of the proposed extension of Forest Creek Drive running through the Property described below, the median, sidewalks on each side of Forest Creek Drive, drainage and lighting, but not including engineering and design costs, which shall be borne solely by the City. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that Six Hundred Seventy -Seven Thousand Eighty -One and 55/100 Dollars ($677,081.55), plus five and one-half percent (5.5%) simple interest, shall be assessed against the Property ("Assessment Costs"), said assessment to be a reimbursement for the construction and financing of the Improvements. Interest shall begin to accrue upon Substantial Completion of Forest Creek Drive running through the Property. Substantial Completion shall be defined as the date on which the City's Director of Public Works notifies the contractor that the portion of Forest Creek Drive through the Property has been finally accepted by the City. The method of assessment shall be as follows: An assessment of Six Hundred Seventy -Seven Thousand, Eighty -One and 55/100 Dollars ($677,081.55) shall be levied on the Property and shall be paid on a per -acre, pro- rated basis, due seven (7) years after Substantial Completion of Forest Creek Drive through the Property, or at the time of plat recordation, whichever first occurs. Interest at the rate of five and one-half percent (5.5%) simple interest shall begin to accrue upon Substantial Completion until the Improvement Costs are paid in full. Section 3. District Boundaries. The land described in the Petition will be benefited by the proposed District Improvements and therefore the boundaries of the District shall be as described more specifically in Exhibit "A," attached hereto and incorporated herein, save and except the 3.469 acres described in Exhibit "B," attached hereto and incorporated herein. The Property Owner is the same property owner stated in the Petition to establish the District received by the City Secretary on or before December 10, 2004 and the District is located fully within the corporate jurisdiction of the City. Section 4. Assessment Roll. The District's Assessment Roll is described as being the Property Owner(s) and the Property set forth in Exhibit "C," attached hereto and incorporated herein (the "Assessment Roll"). The classification or ownership of the Property may change from time to time depending upon the state of development of the Property. As a result, the Assessment Roll will be revised annually, as necessary, to reflect the individual properties and applicable assessment for the respective property as of January 1 of each year. 2 Section 5. Indebtedness. The total District assessments shall not exceed Six Hundred Seventy -Seven Thousand Eighty-one and 55/100 Dollars ($677,081.55), plus interest, except as authorized in the Development Agreement by and between the Owner and the City of Round Rock, dated August 26, 2004 and approved by the City in Resolution No. R -04-08-26- 13E1. Section 6. Costs. The total Costs to be assessed are estimated as follows: A) Total Improvement Costs Not to exceed $677,081.55. B) Interest -Simple Section 7. Levy of Assessments. Interest shall accrue at the rate of 5.5%, beginning upon Substantial Completion of Forest Creek Drive through the Property. There is hereby levied by the City the assessments for Improvements as set forth herein. The method of assessment shall be as follows: An assessment of Six Hundred Seventy -Seven Thousand Eighty -One and 55/100 Dollars ($677,081.55) shall be levied on the Property and shall be paid on a per -acre, pro- rated basis, due seven (7) years after Substantial Completion of Forest Creek Drive through the Property, or at the time of plat recordation, whichever first occurs. Interest at the rate of five and one-half percent (5.5%) simple interest shall begin to accrue upon Substantial Completion until the Improvement Costs are paid in full. Section 8. Prepayment of Assessments for Each Year. Pursuant to the provision of Section 372.018 (b) of the Act, an Improvement assessment may be paid in whole or in part at any time by paying the unpaid amount of the Improvement assessment plus the interest accrued or penalties that have been imposed prior to the date of payment of the assessment. Section 9. Default in Payment of Assessments If default be made in payment of any of the said sums hereby assessed against the property owner(s) and their property, collection thereof, costs and attorneys' fees shall be enforced by suit in any Court having jurisdiction or by lien foreclosure or both, in the same manner that an ad valorem tax lien against real property may be enforced by a governing body, pursuant to Section 33.01 et seq. of the Texas Tax Code. Section 10. Interest and Penalties on Delinquent Assessments A delinquent assessment will accrue interest at the rate of one percent (1%) for each month or portion of a month the assessment remains unpaid after it becomes delinquent. Additionally, a delinquent assessment shall incur the same penalties and interest as incurred for delinquent taxes, as stated in Section 33.01 et seq. of the Texas Tax Code. Section 11. Additional Penalty. If an assessment remains delinquent on July 1 in the year in which the assessment became delinquent, there shall be imposed an additional penalty to defray costs of collection if it is necessary for the City to contract with an attorney for the purposes of representing the City in the collection of the delinquent assessment. The additional penalty shall be fifteen percent (15%) of the delinquent assessment. Penalties shall not exceed the amount permitted by Section 33.07 of the Texas Tax Code. 4 Section 12. No Discounts or Split Payments There will be no split payment of an assessment or discount for the early payment of an assessment. Section 13. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attorneys fees, as permitted by the Code shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for assessments thereof and penalties and interest is effective from the date of the Ordinance levying the Assessments until the assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code for collecting ad valorem taxes on real property. Section 14. Applicability of Tax Code. To the extent not inconsistent with the ordinance levying assessments (the "Assessment Ordinance"), and not inconsistent with Chapter 372 of the Code or the other laws governing public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 15. Lien Survives Foreclosure. Any sale of property for nonpayment of an assessment per annum shall be subject to the lien established for the remaining unpaid assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent assessment against such property as they become due and payable pursuant to the terms of the Assessment Ordinance. 5 OCT -12-2004 16:20 CITY OF ROUND ROCK 5122187097 P.11/21 EXHIBIT Being 147.076 acres of land, more or less, out of and a part of the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being more fully described as being all of that certain Tract 3, described in a deed to Round Rock Ranch, Ltd., as recorded in Volume 2418, Page 51 of the Deed Records of Williamson County, Texas. 6 OCT -12-2004 16 19 CITY OF ROUND ROCK AUSTIN SURVEYORS - P.O. BOX I80243 AUSTIN, TEXAS 78728 2105 JUSTIN LAME ttI03 (51Z) 454.6605 Aco3mpanime91. for plat1043-rtrmchP FIELD NOTES FOR 3.469 ACRES 5122187097 P.09/21 All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 147.076 acre tract of land, designated as Tract 3, is a deed to Round Rock Ranch Ltd. recorded in Volume 2418, Page 51of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in an angle point of the above mentioned Tract 3 for the South comer of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Document No. 2000006061 and the West corner of a 9.550 acre tract of land conveyed to C.F. Ertz by deed recorded as Document No. 9621999 of the Official Records of Williamson County, Texas, and the East comer of this tract.. THENCE S 89'29'37' W 4.26 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1350.00 feet and a central angle of 14°54'37". THENCE with the arc of the said curve 351.32 feet the long diord of which bears S 80°20'5T' W 350.32 to an iron pin set for the PT ofthe said curve. THENCE S 27°09'37"W 28.13 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1330.00 foot and a central angle of 16°09' 13". THENCE with the arc of the said curve 374.97 feet the long chord of which bears S 63°58' 17" W 373.73 to an iron pin set for the PT ofthe said curve. THENCE S 77°27'51"W 52.04 feet to an iron pin set irOthe PC of a curve to the left said curve having a radius of .1350.00 feet and a ural angle of 01°20'15". THENCE with the arc of the said curve 31.52 feat the long chord of which bears S 53°10'17" W 31.51 to an irca.pin set for the PT ofthe said curve. IT ENCE S 52°30'09" W 565.80 feet to an iron pin set on the Northeast line of a 41.153 acre trail of land conveyed to the State of Texas by deed recorded in Volume 1970, Page 515 ofthe Deed Records of Williamson County, Texas for the South comer of this tract. THENCE N 51°44'46" W with the Northeast line of the above mentioned 41.153 acre tract ,1 103.17 feet to an iron pin set for the West comer of this tract., THENCE N 52°30'09" E 591.20 feet to an iron pin set in the PC of a Curve to the right said • curve having a radius of 1450.00 feet and a central angle of 34°32'39". THENCE with the arc of the said curve 874.22 feet the sub -chord of which bears N 69°46'29" E 861.04 feet to an iron pin set oa the Northeast line of the said Tract 3 and the South comer ofthe above mentioned 8.856 acre tract for the North comer of this tract. OCT -12-2004 16:20 3.469 ACRFS "- CITY OF ROUND ROCK 512218709? P.10/21 PAGE 2 OF 2 THENCE S 04°29'45" E with the Northeast line of the said Tract 3 52.66 feet to an iron pin found for an angle point of this tract. THENCE S 26°24'58" E 51.96 feet to the POINT OF BEGINNING containing 3.469 acres of land, more or less. I, Claude F. Hinkle, Ir. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an once ground survey made under my supervision during May of 2001 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title from • Round Rock Ranch, Ltd. to The City of Round Rock. Any use of this description by any person for any other purpose is expressly prohibited. Claude`F. Hinkle, Jr. R.P.L.S. No. 4629 /0 OGS 0.3 Date 1043.doc ASSESSMENT ROLL FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT Property Owner Parcel Assessment Round Rock Ranch, Ltd. Tract 3* $677,081.55 *Excluding 3.469 acres described in Exhibit C-1 attached hereto and incorporated herein. 1 's EXHIBIT c OCT -12-2004 16:19 CITY OF ROUND ROCK AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 7871s 2105 JUSTIN LANE #103 (511) 454.6606 Ac »a pmimem for plat 1043.mmdiP FIELD NOTES FOR 3.469 ACRES _ 5122187097 P.09/21 All that certaia tract or parcel of land situated iu the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 147.076 acre tract of land, designated as Tract 3, in a deed to Round Rock Ranch Ltd. • recorded in Volume 2418, Page 5lof the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in an angle point of the above mentioned Tract 3 for the South corner of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Document No. 2000006061 and the West corner of a 9.550 acre tract of land conveyed to C.F. Ertz by deed recorded as Document No. 9621999 of the Official Records of Williamson County; Texas, and the East corner cereals tract.. THENCE S 89'29'37'W 426 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1350.00 feet and a central angle of 14°54'37". THENCE with the arc of the said curve 35132 feet the long chord of which bears S 80°20'5T' W 350.32 to an iron pin set for the PT ofthe said curve. THENCE S 27°09'37"W 28.13 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1330.00 feet and a ceatral angle of 16°09'13". THENCE with the arc of the said curve 374.97 feet the long chord of which bears S 63°58'1'7"W 373.73 to an iron pin set for the PT ofthe said curve. • THENCE S 77°27'51"W 52.04 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1350.00 feat and a central angle of 01°20'15". THENCE with the arc of the said curve 31.52 feet the long chord of which bears S 53°10'17" W 31.51 to an iioa.pin set for the PT ofthe said curve. THENCE S 52°30'09" W 565.80 feet to an iron pin seton the Northeast line of a 41.153 acre tract of land conveyed to the State of Texas by deed recorded in Volume 1970, Page 515 of the Deed Records of Willie ison County, Texas for the South comer of this tract. THENCE N 51°44'46" W with the Northeast line of the above mentioned 41.153 acre tract .l 103.17 feet to an iron pin set for the West comer of this trach. . THENCE N 52°30'09" E 591.20 feet to an iron pin set in the PC of a curve to the right said • curve having a radius of 1450.00 feet and a central angle of 342'39". THENCE with the arc of the said curve 874.22 feet the sub -chord of which bears N 69°46'29" E 861.04 feet to an iron pin set oa the Northeast line of the said Tract 3 and the South comer of the above mentioned 8.856 acre tract for the North comer of this tract. EXHIBIT .00T-12-2004 16:20 CITY OF ROUND ROCK 512218709? P.10/21 3.469 ACRES ' - PAGE 2 OF 2 THENCE S 04°29'45" E with the Northeast line ofthe said Tract 3 52.66 feet to an iron pin found for an angle point of this tract. THENCE S 26°24'58" E 51.96 feet to the POINT OF BEGINNING containing 3.469 acres dime!, more or less. 1, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the ground survey trade under my supervision during May of 2001 and are correct to the best of my knowledge and belief These field notes were prepared for a transfer of title from • Round Rock Ranch, Ltd. to The City of Round Rock. Any use of this description by any person for any outer purpose is expressly prohibited. • Claude . Hinkle, Jr. R.P.L.S. No. 4629 /0 Oao.� Date 1043.doc AVISO DE LA AUDIENCIA PUBLICA El aviso se da por este medio de una audiencia publica que se sostendra de acuerdo con el capitulo 372 del Codigo Del Gobierno Local, Estatutos Civiles Anotados De Vernon, para considerar los gravamenes propuestos contra caracteristica verdadera dentro del Districto Publico De La Mejora De Ia Impulsion Del Cala Del Bosque (el "Districto") segun lo autorizado por el Consejo De Ciudad y eficaz de marcha Ia 15 de 2005. La audiencia publica dicha debe ser sostenida en 7:00 P.M. en el 14to dia de abril de 2005, en los Compartimientos Del Consejo De Ciudad, 221 E. Main Street, Round Rock, Tejas. Las mejoras propuestas para el districto consistiran en el coste de todos los materiales y trabajo para la construccion de dos carriles de Impulsion Del Cala Del Bosque que funciona con la caracteristica verdadera descrita abajo (Ia "caracteristica"), el punto medio, aceras en cada lado de Ia impulsion, del drenaje y de la iluminacion del Cala Del Bosque, pero no incluyendo los costes de la ingenieria y del diseno (las" Mejoras Propuestas"). Los partidos a esto convienen que la porcion de los costes de Impulsion Del Cala Del Bosque pagada por el Revelador es atribuible a las necesidades del desarrollo del Revelador. Los costes estimados de las mejoras propuestas son seiscientos setenta y siete miles, Eighty -One y 55/100 dolar ($677.081,55), mas el interes simple 5,5%, que incluye los costos incurridos en en el establecimiento y Ia administracion de las Mejoras Propuestas. En ningun acontecimiento los gravamenes totales del Districto seran mas de seiscientos setenta y siete mil Eighty-one y 55/100 dolar ($677.081,55), mas el interes simple de 5,5%, excepto conforme a los terminos y las condiciones indicados en el acuerdo del desarrollo por y entre el solicitante y la Ciudad De La Round Rock (Ia "Ciudad") segun lo aprobado en Ia Resolucion No. R -04-08-26-1E 1 . 1) el plan propuesto del gravamen sera como sigue: Un gravamen de seiscientos setenta y siete miles, Eighty -One y 55/100 dolar ($677.081,55), mas el interes simple 5,5%, seran impuestos en Ia Caracteristica y seran pagados en un por-acre, base prorrateada, deuda siete (7) los anos despues de la Terminacion Substancial de la extension de Ia Impulsion Del Cala Del Bosque a traves de Ia Caracteristica, o en la epoca del recordation del plat, cualquiera primero ocurre. La Terminacion Substancial significara la fecha Ia cual el Director de la Ciudad de trabajos publicos notifica el contratista que la porcion de Impulsion Del Cala Del Bosque a traves de Ia Caracteristica finalmente ha sido aceptada por la Ciudad. Los costes totales de los gravamenes del Districto seran compartidos por los duenos de caracteristica del Districto. El rodillo propuesto del gravamen que contiene la cantidad del gravamen propuesto esta disponible para la inspeccion publica en la oficina de la Secretaria de la Ciudad en la Ciudad Pasillo de la Round Rock en la direccion sobre-enumerada. Las objeciones escritas u orales seran consideradas en la audiencia publica. Los limites de la Caracteristica incluida dentro del Districto contienen aproximadamente 147,076 acres de tierra fuera de una parte del Prior A. Holder Survey, No. Abstracto 297, situado en el Condado De Williamson, Tejas, mas completamente siendo descrito como siendo toda esa cierta Zona 3, descrito en un hecho al Round Rock Ranch, Ltd., segun lo registrado en el Volumen 2418, Pagina 51 de los Expedientes Del Hecho del Condado De Williamson, Tejas, a excepcion de 3,469 acres. El campo observa mas lejos describir esta area cultivada exceptuada esta disponible para la inspeccion en la Ciudad del Departamento Del Transporte de la Round Rock, Ensenada Del Comercio 212, Round Rock, Tejas. Los partidos interesados pueden aparecer en Ia audiencia publica. Para las preguntas con respecto al Districto propuesto o para mas informacion, entre en contacto con la Ciudad del Departamento Del Transporte de Ia Round Rock en 218-5562.