R-06-03-09-9D1 - 3/9/2006RESOLUTION NO. R -06-03-09-9D1
WHEREAS, the U.S. Department of Housing and Urban Development
("HUD") has grant funds available to cities through the Community
Development Block Grant ("CDBG") Program, and
WHEREAS, the City of Round Rock amended the 2001-2002 Annual
Action Plan(the "Plan") to reallocate CDBG funds to add the Senior
Center Repair Project (the "Project"), and
WHEREAS, on May 8, 2002, after the expiration of the public
comment period, the City of Round Rock submitted to HUD a Request for
Release of Funds for the Project, in compliance with HUD regulations,
and
WHEREAS, the City of Round Rock has constructed the Allen R. Baca
Center for Senior and Community Activities (the "Center"), and
WHEREAS, HUD regulations require activities under a project to
remain in place for a period of at least five (5) years after funds
have been expended, and
WHEREAS, the City wishes to receive a waiver from any requirement
for the repayment of funds expended on the Project by applying for said
waiver and impressing the Center with covenants and restrictions, in
compliance with HUD regulations, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby authorizes and directs the City
Manager to submit a letter to HUD requesting a waiver for the repayment
of funds expended, said letter shall serve as the application to HUD
for the waiver.
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BE IT FURTHER RESOLVED ,
That the City Manager is hereby authorized and directed to execute
and record on behalf of the City the "Declaration of Restrictive
Covenant Regarding the Allen R. Baca Center for Senior and Community
Activities" (the "Declaration"), attached hereto and incorporated
herein as Exhibit "A". The execution and recordation of the
"Declaration" shall be contingent upon the approval of the waiver by
HUD, with the understanding that if the waiver is not granted, the
"Declaration" shall be void.
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 9th day of March, 2006.
ST:
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NYL LL, M: yor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
2
Y
DECLARATION OF RESTRICTIVE COVENANT REGARDING
THE ALLEN R. BACA CENTER FOR SENIOR AND COMMUNITY ACTIVITIES
This Declaration of Restrictive Covenant Regarding the Allen R. Baca Center for Senior
and Community Activities (the "Declaration") is executed this day of
2006, by the City of Round Rock, a Texas home -rule municipal corporation ("Declarant"), and
is as follows.
WHEREAS, Declarant is the owner of Lot 1, Block A, Municipal Center Phase 1, a
subdivision in Williamson County, Texas, according to the map or plat thereof recorded in
Cabinet Y, Slides 231-233, Plat Records, Williamson County, Texas (the "Property"); and
WHEREAS, Declarant wishes that the Property should be impressed with certain
covenants and restrictions;
NOW, THEREFORE, it is hereby declared that the Property shall be held, sold,
conveyed and occupied subject to the following covenants, conditions, and restrictions, which
shall run with the Property and shall be binding on all parties having any right, title or interest in
or to the Property or any part thereof, their heirs, successors and assigns:
1. Restriction on Activities on the Property. The Property shall be used for senior
and community activities serving low to moderate income and minority populations as well as
the general population.
2. General Provisions.
A. Binding Effect. This Declaration shall inure to the benefit of and be
binding upon the owners of the Property and their successors and assigns.
B. Duration. This Declaration shall remain in full force for a period of five
(5) years from the date of execution provided above.
C. Captions. The captions preceding the text of each section and subsection
hereof are included only for convenience of reference and shall be disregarded in the
construction and interpretation of this Declaration.
D. Governing Law; Place of Performance. This Declaration and all rights
and obligations created hereby shall be governed by the laws of the State of Texas. This
Declaration is performable only in the county in Texas wherein the Property is located.
This Declaration may be modified, amended or terminated by Declarant.
EXECUTED to be effective as of the date first provided above.
00096653/vr
EXHIBIT
'►A"
DECLARANT:
City of Round Rock
By:
James R. Nuse, City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of , 2006,
by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Williamson County, Texas,
on behalf of said city.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
Attn: Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664
2
Notary Public, State of Texas
DATE: March 2, 2006
SUBJECT: City Council Meeting - March 9, 2006
ITEM: 9.D.1. Consider a resolution authorizing the City Manager to request from
the Department of Housing and Urban Development a waiver from
repayment of Community Development Block Grant funds
expended for rehabilitation of the Senior Center at 205 East Main
Street and approving a restrictive covenant on the Allen R. Baca
Center for Senior and Community Activities.
Department:
Staff Person:
Justification:
Planning and Community Development Department
Mona Ryan, Community Development Coordinator
This waiver of repayment will be requested from HUD in return for transferring the liability
(providing services for senior citizens) from the old center to the new Allen R Baca Center
for Senior & Community Activities for a period of no Tess than five years. There is a five-year
period that begins at the close out of a rehabilitation project where the original use of the
public facility must be maintained or funds must be reimbursed to HUD. In addition, a
restrictive covenant committing a portion of the Allen R Baca Center for Senior &
Community Activities to be restricted for use as a Senior Center will be filed only upon final
approval from HUD.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The old Senior Center required emergency repairs. CDBG Program Year 2001, Activity #147
funds were used, over a period of 4 years, for the repairs, which totaled $69,331. The old
facility continues to fail structurally and it is in the best interest of the City to have it
demolished. This proposal has been discussed with the San Antonio field office and they are
receptive of the proposal. HUD has requested a formal letter from the City Manager with the
restrictive covenant.
Public Comment: None required for this action.
DECLARATION OF RESTRICTIVE COVENANT REGARDING
THE ALLEN R. BACA CENTER FOR SENIOR AND COMMUNITY ACTIVITIES
This Declaration of Restrictive Covenant Regarding the Allen R. Baca Center for Senior
and Community Activities (the "Declaration") is executed this ID day of
2006, by the City of Round Rock, a Texas home -rule municipal corporation ("Declarant"), and
is as follows.
WHEREAS, Declarant is the owner of Lot 1, Block A, Municipal Center Phase 1, a
subdivision in Williamson County, Texas, according to the map or plat thereof recorded in
Cabinet Y, Slides 231-233, Plat Records, Williamson County, Texas (the "Property"); and
WHEREAS, Declarant wishes that the Property should be impressed with certain
covenants and restrictions;
NOW, THEREFORE, it is hereby declared that the Property shall be held, sold,
conveyed and occupied subject to the following covenants, conditions, and restrictions, which
shall run with the Property and shall be binding on all parties having any right, title or interest in
or to the Property or any part thereof, their heirs, successors and assigns:
1. Restriction on Activities on the Property. The Property shall be used for senior
and community activities serving low to moderate income and minority populations as well as
the general population.
2. General Provisions.
A. Binding Effect. This Declaration shall inure to the benefit of and be
binding upon the owners of the Property and their successors and assigns.
B. Duration. This Declaration shall remain in full force for a period of five
(5) years from the date of execution provided above.
C. Captions. The captions preceding the text of each section and subsection
hereof are included only for convenience of reference and shall be disregarded in the
construction and interpretation of this Declaration.
D. Governing Law; Place of Performance. This Declaration and all rights
and obligations created hereby shall be governed by the laws of the State of Texas. This
Declaration is performable only in the county in Texas wherein the Property is located.
This Declaration may be modified, amended or terminated by Declarant.
EXECUTED to be effective as of the date first provided above.
00096653.DOC/vr
R-044)3-09'901
DECLARANT:
City of Round Rock
By:
James R. Nuse, City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the 1S day of Mcg F't , 2006,
by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Williamson County, Texas,
on behalf of said city.
�����Y��",',�i MICHAEL MASON WEAVER
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;" Notary Public, State of Texas
My Commission Expires
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PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
Attn: Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664
2
Nota ' Public, State of Texas