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R-05-06-23-14G3 - 6/23/2005RESOLUTION NO. R -05-06-23-14G3 A RESOLUTION CONSENTING TO THE ADDITION OF 6.547 ACRES OF LAND TO WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 FOR INCLUSION IN SAID DISTRICT. WHEREAS, attached to this resolution and made a part hereof is a petition requesting the consent of the City of Round Rock, Texas, to the annexation of 6.547 acres of land into the Williamson County Municipal Utility District No. 10, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Petition for Consent to Annex Land into Williamson County Municipal District No. 10, attached hereto as Exhibit "A" and incorporated herein, is hereby granted, and the City consents to the annexation of the property described in said petition into the Williamson County Municipal Utility District No. 10. 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 23rd day of June, 200 R. ayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLOTI/R50623G3.WPD/scg y 1 PETITION FOR CONSENT TO ANNEX LAND INTO WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 THE STATE OF TEXAS § COUNTY OF WILLIAMSON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned, WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 (the "District"), and NNP-TERAVISTA, LP, a Texas limited partnership (the "Petitioner") acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the City of Round Rock, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: I. The District was created by the Texas Natural Resource Conservation Commission (predecessor to the Texas Commission on Environmental Quality) on May 14, 1999. The District is governed by the provisions of Chapters 49 and 54, Texas Water Code. II. The Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by the certificate of ownership provided by the Williamson County Appraisal District. The Land is situated wholly within Williamson County, Texas. No part of the Land is within the limits of any incorporated city, town or village, and no part of the Land is within the extraterritorial jurisdiction (as such term is defined in Local Government Code Section 42.001 et sec . as amended) of any city, town or village except the City of Round Rock, Texas. All of the territory proposed to be annexed may properly be annexed into the District. IV. The Land is described by metes and bounds in Exhibit "A," which is attached hereto and incorporated herein for all purposes. 30060 a 3 EXHIBIT ifAn V. The general nature of the work to be done in the area sought to be annexed into the District is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a drainage and storm sewer system. VI. There is, for the following reasons, a necessity for the above-described work. The Land proposed to be annexed into the District, which will be developed for commercial and/ or residential purposes, is urban in nature, is within the growing environs of the City of Round Rock, Texas, is in close proximity to populous and developed sections of Williamson County, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the area sought to be annexed to the District an adequate waterworks and sanitary sewer system nor an adequate drainage system, and it is not presently economically feasible for the area sought to be annexed to provide for such systems itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. The Petitioner hereby certifies that the only lienholder on the Land is Residential Funding Corporation. VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. IX. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land sought to be annexed is $2,430,829 and will not require the authorization of additional bonds by the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Round Rock, Texas, give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] RESPECTFULLY SUBMITTED this 23rd day of June, 2005. ATTEST: Bv: Secretary, Board of 1Jrectors (SEAL) THE STATE OF TEXAS COUNTY OF WILLIAMSON § WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 Pre• entD: oard of Directors This instrument was acknowledged before me on this 23rd day of June, 2005, by /i�--4Z. as,..,42- of the Board of Directors of Williamson County Municipal Utility District No. 10, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) JANICE D. STONE Notary Public, State of Texas My Commission Expires November 26, 2008 �/�I7/ne. .CL �l .��•r-...Y . Notary Public, State of Texas NNP-TERAVISTA, LP, a Texas limited partnership By: NNP -TV Communities, LP, a Texas limited partnership its general partner By: NNP -TV Management, LLC, a Delaware limited liability company its gI par By: Name: l James E. Powell Title: Vice President 6 THE STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this )LT ' day of ,T,.,,-,..,-- , 2005, by ('' i , f�„r',-., of NNP -TV Management, LLC, a Delaware limited liability company, on behalf of said company in its capacity as general partner of NNP -TV Communities, LP, a Texas limited partnership, in its capacity as general partner of NNP-1ERAVISTA, LP, a Texas limited partnership, on behalf of said company and limited partnership. 711.0,,., JANICE D. STONE ; .'�, , NotaryPublic, State of Texas E. My Commission Expires Novomber 26, 2008 (NOTARY SEAL) Notary Public, State of Texas 6.547 ACRES TERAVISTA ACREAGE WEST OF MUD 10 DESCRIPTION FN. NO. 05-050(CAG) JANUARY 27, 2005 BPI JOB NO. 1149-35.97 OF A 6.547 ACRE TRACT OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 107.44 ACRE TRACT OF LAND CONVEYED TO NNP-TERAVISTA, LP OF RECORD IN DOCUMENT NO. 2001001639 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 6.547 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the northerly right-of- way line of Chandler Road (R.O.W. varies), being the southeasterly corner of that certain 74.590 acre tract of land conveyed to Scott & White Memorial Hospital and Scott, Sherwood and Brindley Foundation by deed of record in Document No. 9733254 of said Official Records, same being the southwesterly corner of said 107.44 acre tract for the southernmost southwesterly corner hereof; THENCE, leaving the northerly line of Chandler Road, along a portion of the easterly line of said 74.590 acre tract, being a portion of the westerly line of said 107.44 acre tract, same being the westerly line hereof, the following two (2) courses and distances: 1) N16°33'56"W, a distance of 375.10 feet to an angle point; 2) N16°38'04"W, a distance of 569.33 feet to a 1/2 inch iron rod with cap set for the northwesterly corner hereof, from which a 1/2 inch iron rod found at the northeasterly corner of said 74.590 acre tract bears N16°33'56"W, a distance of 397.02 feet; THENCE, N36°04'09"E, leaving the easterly line of said 74.590 acre tract, over and across said 107.44 acre tract, a distance of 158.09 feet to a 1/2 inch iron rod with cap set at the point of curvature of a non -tangent curve to the left, being in the curving westerly right-of-way line of Teravista Parkway (R.O.W. varies) as dedicated by Teravista Section 26B, a subdivision of record in Cabinet Z, Slides 249-253 of the Plat Records of Williamson County, Texas, same being in the westerly line of M.U.D. No. 10, for the northernmost corner hereof; THENCE, along the westerly line of Teravista Parkway, being a portion of the westerly line of M.U.D. No. 10, same being a portion of the easterly line hereof, along said non -tangent curve to the left having a radius of 667.00 feet, a central angle of 24°15'09", an arc distance of 282.33 feet and a chord which bears S60°27'51"E, a distance of 280.23 feet to the end of said curve being in the common line of said 107.44 acre tract and that certain 895.35 acre tract of land conveyed to NNP-Teravista, LP by deed of record in Document No. 9801109 of said Official Records for the northeasterly corner hereof; FN NO. 05-050(CAG) JANUARY 27, 2005 PAGE 2 OF 2 THENCE, leaving the westerly line of Teravista Parkway, continuing along the westerly line of said M.U.D. No. 10, along said common line, same being the easterly line hereof, the following three (3) courses and distances: 1) S20°38'24"E, a distance of 384.81 feet to an angle point; 2) S69°24'06"W, a distance of 89.97 feet to an angle point; 3) S20°37'24"E, a distance of 428.12 feet to a point in the northerly line of Chandler Road, being the southwesterly corner of the remainder of said 895.35 acre tract, same being the southwesterly corner of said M.U.D. No. 10 for the southeasterly corner hereof; THENCE, S69°12'15"W, along the northerly line of Chandler Road, being the southerly line of said 107.44 acre tract, same being the southerly line hereof, a distance of 287.95 feet to the POINT OF BEGINNING, containing an area of 6.547 acres (285,213 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE. COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVES ROAD, SUITE 200 AUSTIN, TEXAS 78746 EXHIBIT "B" (a) The City of Round Rock, Texas (the "City") and Newland -Round Rock Associates, L.P. shall enter into and execute an agreement for the City to provide wholesale water and sewage treatment services to the land to be included within the District, which agreement will be assigned to and accepted by the District after its creation. The District will provide retail water and sewage treatment services to the land within the District and bill the customers for such services. The District's rates for and restrictions on the provision of water and sewage treatment services to its customers shall be adopted and amended from time to time so that the District's rates shall not be less than those of the City to its in -City customers and the District's regulations and restrictions on service shall not be less restrictive than those of the City. (b) The District will issue bonds only for the purposes authorized by law, including but not limited to, purchasing, designing and constructing, or purchasing, designing, and constructing or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any interest -payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the District, takes over the assets of the District and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications therefrom. All water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on -the -ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of Round Rock of a plat which will be duly recorded in the Official Records of Williamson County, Texas, and otherwise comply with the rules and regulations of the Planning and Community Development Department and the Department of Public Works of the City of Round Rock. (e) The District shall accept, operate and maintain street lighting or security lighting ::ODMA\MHODMA\Houston:4 70979:7 - 7 - constructed by an owner or developer of property within the District and located within public utility easements or public rights-of-way within the boundaries of the district to the extent of its legal authority to do so and in accordance with Section 54.236, Texas Water Code. (f) The District reserves the right to assign all or part of its obligations under Subsection (e) of this Exhibit "B" to another governmental entity, a homeowners association or a similar entity, subject to the consent of the City, which consent shall not be unreasonably withheld or delayed. ::ODMA\MHODMA\Houslon;470979;1 -8- CERTIFICATE THE STATE OF TEXAS COUNTY OF WILLIAMSON I, the undersigned Secretary of the Board of Directors of Williamson County Municipal Utility District No. 10, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Williamson County Municipal Utility District No. 10 that was filed with the Board of Directors of the District on June 23, 2005. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 23rd day of June, 2005. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 (SEAL) 30060 (AL Secretary, Board o irectors DATE: June 16, 2005 SUBJECT: City Council Meeting - June 23, 2005 ITEM: 14.G.3. Consider a resolution consenting to the addition of 6.547 acres into the Williamson County MUD No. 10. Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: Council approved a resolution authorizing the Mayor to execute the First Amendment to the Development Agreement with NNP-Teravista L.P. and ANC -Round Rock Assets II, L.P. This amendment included a provision that the City consents to the annexation of 6.547 acres into Williamson County MUD #10. This resolution implements this section of the Agreement. The 6.547 acres lies immediately east of the 49 acres Scott and White tract at the NW corner of Sunrise Road and Chandler Road. Funding: Cost: N/A Source of funds: N/A Outside Resources: Jim Powell Background Information: This implements the agreement approved by Council on May 26, 2005. Public Comment: None required.