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R-06-07-27-11C2 - 7/27/2006RESOLUTION NO. R -06-07-27-11C2 A RESOLUTION CONSENTING TO THE ADDITION OF 5.035 ACRES OF LAND TO BRUSHY CREEK MUNICIPAL UTILITY DISTRICT FOR INCLUSION IN SAID DISTRICT. WHEREAS, attached to this resolution and made a petition requesting the consent of the City of Round part hereof is a Rock, Texas, to the annexation of a tract of land consisting of 5.035 acres of land into the Brushy Creek Municipal Utility District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the petition for Request for Consent to the Addition of Land to Brushy Creek Municipal District, 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 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. RESOLVED this 27th day of July, 2006. ATTEST: 0,63.frie)7 vW L, .,yor Citi of Round ock, Texas CHRISTINE R. MARTINEZ, City Se retary LPFDesktop\::ODMA/WORLDOX/O:/wdox/RESOLUTI/R60727C2.WPD/rmc REQUEST FOR CONSENT TO THE ADDITION 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, Gavumik Builders, LP, a Texas limited partnership, (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 Property to be included in Brushy Creek Municipal Utility District (the "District") are described on Exhibit "A" attached hereto (the "Property"). The Property consists of 5.035 acres and is located in the extraterritorial jurisdiction of the City of Round Rock, Texas. IL Landowner is the owner of title to all the Property and is the owner of a majority in value of the Property as indicated by the tax rolls in Williamson County, Texas. The lienholder on the Property is First State Bank of Central Texas. There are no residents on the Property. Landowner seeks annexation of the Property into the District so that the Property may receive municipal water and wastewater service from the District. There is a necessity for the inclusion of the Property 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. 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 Property described herein within the District. landowner petition for city consent to MUD annexation 6-22-06 EXHIBIT IAn Page 1 of 2 RESPECTFULLY SUBMITTED, this .4 day of June, 2006. Property Owner: Gavurnik Builders, L.P., a Texas limited partnership By: Gavurnik Group, Inc., a Texas corporation its genera; . ner Consent by Lienholder: By: First Sta By: Name: Title: avurnik, President landowner petition for city consent to MUD annexation 6-22-06 Page 2 of 2 May 10 06 04:05p Coulter Engineering 512-248-9903 p.2 FIELD NOTES Being 5.036 acres of land out of the J. H. Dillard Survey, Abstract No. 179, Williamson County, Texas, being the same property described as Parcel 1, in a deed recorded in Document No. 2000015427, Official Public Records, Williamson County, Texas, and being more particularly described as follows (Bearings cited herein are based on the bearing of the northwest line of the tract described in Volume 1729, Page 892, Official Records, Williamson County, Texas): BEGINNING at a %2" iron pin found at the most northerly corner of a tract called 0.85 acre in a deed to Russell Parker, et ux, recorded in Volume 1229, Page 893, Official Records, Williamson County, Texas, the most easterly corner of a tract called 2.546 acres in a deed to Community Christian Church of Round Rock, recorded in Volume 1799, Page 01, Official Records, Williamson County, Texas, the most southerly comer of a tract called 0.62 acre in a deed to Community Christian Church of Round Rock, recorded in Document No. 1999069992, Official Public Records, Williamson County, Texas, for the most westerly corner of this tract. THENCE, with the southeast line of said 0.62 acre tract, the southeast line of a tract called 3.25 acres in a deed to Dennis Williams, et ux, recorded in Document No. 9851611, Official Records, Williamson County, Texas and the northwest line of this tract, N 32°04'00" E, said course constitutes directional control for this survey, passing at 145.98', the most easterly comer of said 0.62 acre tract and the most southerly corner of said 3.25 acre tract, in all, 698.30', to a Y2" iron pin found at the most easterly corner of said 3.25 acre tract, in the southwest line of Brushy Creek North, Section One, a subdivision of record in Cabinet C, Slide 303. Plat Records, Williamson County, Texas, for the most northerly corner of this tract. THENCE, with the southwest line of said subdivision and the northeast line of this tract, the following three (3) courses: 1.) S 19°30'42" E, 242.08', to a 1/2" iron pin found for an angle point; 2.) S 52°13'34" E, 51.67', to a %:" iron pin found for an angle point; 3.) S 18°05'41" E, 198.50', to a '/2" iron pin found in the southwest line of Great Oaks Drive (100' R.O.W.), at the most northerly comer of an easement to Southwestern Bell Telephone, described in Volume 671, Page 907, Deed Records, Williamson County, Texas, the most northerly corner of a tract called 4.142 acres in a deed to Round Rock Presbyterian Church, recorded in Volume 2729, Page 261, Official Records, Williamson County, Texas, for the most easterly corner of this tract. HENCE, with the northwest line of said easement, the northwest line of said 4.142 acre tract, and the southeast line of this tract, S 31°56'51" W, 415.40', to a' ,A" iron pin found at the most easterly corner of a non-exclusive 60' wide ingress -egress easement described in Volume 1729, Page 892, Official Records, and as Parcel No. 2 in Document No. 2000015427, Official Public Records, both in Williamson County, exas, at the most easterly corner of a tract called 1.869 acres in a deed to East Round Rock Congregation of Jehovah's Witness, Inc., recorded in Volume 2447, Page 879, Official Records, Williamson County, Texas, for the most southerly corner of this tract, from said point, a Y2" iron pin found in the northeast line of County Road 175 (Old Sam Bass Road) bears, S 31°49'56" W, 398.60'. THENCE, with the northeast line of said 60' wide easement, the northeast line of said 1.869 acre tract, and the southwest line of this tract, N 57°55'43" W, 196.62', to a %2" iron pin found at the most northerly orner of said 1.869 acre tract and the most easterly corner of said 0.85 acre tract, for an angle point in the southwest line of this tract. HENCE, continuing with the southwest line of this tract and the northeast line of said 0.85 acre tract, 57°58'57" W, 197.75', to the PLACE OF BEGINNING, and containing 5.036 acres of land, more or less. •repared from a survey made on the ground April 19, 2006, by: Arpenteurs Professional Surveying 8906 Wall Street, Suite 302 Austin, Texas 78754 (512) 832-1232 2006 All Rights Reserved r Robert M. Barcomb R.P.L.S. No 4772 02/83/2006 11:23 5129384575 GAVLIRNIK BUILDERS LP PAGE 02/12 Sass itd ..... ........r....,..+.-..-+-MI,aw Nat to soakt No zoning — Touches Bre* Creek sub division on Great Qin. BIC water fine in street Sewer unknown Listed at WOMB, Mas 10 06 04:O5p Coulter Engineering 512-248-9903 p.2 FIELD NOTES 5.036 acres of land out of the I. H. Dillard Survey, Abstract No. 179, Williamson County, Teaaa, being the same property described as Parcel 1, in a deed recorded in Docuaaent No. 2000015427, Official lic Records, Williamson County, Texas, and being mcre particularly described as follows (Bearings ited herein are based on the bearing of the northwest line of the tract desQt'bed in Volume 1729, Page 892, Official Records, Williamson County, Texas): EGINNING at a '/" iron pin found at the most northerly corner of a tract called 0.85 acre in a deed to usseil Parka, et ux, recorded is Volume 1229, Page 893, Official most easterly corner of a train called 2.546 acres in a deed to Comm Chrism ChurchCounty, of Texas, ock, recorded in Volume 1799, Page 01, Official ms Christian the Rmnd outherly caner of a tract called 0.62 acre in a deed to Comte Williamson Chrisi County, Texas, ock, in Document No. 1999069992, Official Public Community Church , Round Rack, westerly corner of this tract Williamson t:otmty, Texas, for the NCE, with the southeast line of said 0.62 acre tract, the southeast line of a tract called 3.25 acres in a to Deans Williams, et nx, recorded m Ducuma t No. 9851611, Official Records, Williamson ty, Texas and the northwest line of this tract, N 32°04'00" E, said course constitutes directional control for this survey, passing at 145.98', the most easterly caner of said 0.62 acre tract and the most ly corner of said 3.25 acre tract, in all, 698.30', to a W' iron pm found at the moat easterly corner f said 3.25 acre tract, in the southwest line of Brushy Creek North, Section One, a subdivision of record Cabinet C, Slide 303. Plat Records, Williamson County, Texas, for the most northerly comer of this i. CE, with the southwest line of said subdivision and the northeast line of this tract, the following hree (3) courser: 1.) S 19°30'42" E, 242.08', to a'/=" iron pin found for an angle point; 2.) S 52°13'34" E, 51.67', to a 14" mart pia found for an angle point; 3.) S 18°05'41" B, 198.50', to a 14" iron pin found in the southwest line of Great Oaks Drive (100' R.O.W.), at the most northerly confer of an easement to Soutttorestern Bell Telephone, described in Volume 671, Page 907, Deed Records, Williamson northerlythe most corner of a tact called 4.142 acres in a deed to Round Rock Church, recorded in Volume 2729, Page 261, Official Records, Williamson most easterly corner of this tract. fit!'. Texas, far the u0reaCE. w of this with he northwest line of said easement, the northwest line of said 4.142 acre tract, and the tract, S 31°56'51" W, 415.40', to a 14" iron pin found at the most easterly corner of a elusive 60' wide ingress -egress easement descitred in Volume 1729, Page 892, Official Records, as Parcel No. 2 in Document No. 20000154.27, Official Public Records, both in Wilhamson exas, at the most easterly corner oft tract called 1.869 acres in a deed to East Round Rock Congregation f Jehovah's Witness, Inc., recorded in Volume 2447,my exas, for the most southerly corner of thispoint, V2" iron pin Records, iWilliamson nor County, County Road 175 (Old Sam Bus tract, from said a 39 tom pin found in the northeast line �) bears, S 31°49'56" W, 398.60'. CE, with the northeast line of said 60' wide easement, the northeast line of said 1.869 acre tract, d the southwest line of this tract, N 57°55'43" W, 196.62', to a 'r5" iron pin found at the most northerly of said 1.869 acre tract and the most thwest line of this tract. easterly corner of said 0.85 acre tract, for an angle point in the NCE, continuing with the southwest line of this tract and the northeast tine of said 0.85 acre tract, 57°58'57" W, 197.75', to the PLACE OF BEGINNING, and containing 5.036 acres of land, more or ess. epared from a survey made on the ground April 19, 2006, by: tears Professional Surveying 906 Wall Street, Suite 302 ustin, Texas 78754 512) 832-1232 2006 AU Rights Reserved 1 Robot M. Barcamb R.P.L.S. No 4772 DATE: July 20, 2006 SUBJECT: City Council Meeting - July 27, 2006 ITEM: 11.C.2. Consider a resolution consenting to the annexation by Brushy Creek Municipal Utility District of 5.035 acres. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Utilities Director Justification: Gavurnik Builders, LP has requested the City Council's consent to the annexation of 5.035 acres into the Brushy Creek Municipal Utility District to receive water and wastewater service from the District. Staff recommends approval. Funding: Cost: N/A Source of funds: N/A Outside Resources: Brushy Creek Municipal Utility District (BCMUD) Gavurnik Builders Background Information: 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