Loading...
G-02-02-28-11D1 - 2/28/20022002028714 26 PUS ORDINANCE NO. V 11D1 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE GRIMES BOULEVARD PUBLIC IMPROVEMENT DISTRICT #1. ; 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 before October 31, 2001, owners of real property located within the Grimes Boulevard Public Improvement District #1 delivered to the City a Petition (the "Petition") to create the Grimes Boulevard Public Improvement District #1 (the "District") that is described in the field notes and the map attached hereto and made a part hereof and marked Exhibits "A" and "B"; and WHEREAS, the City staff and City Council reviewed the Petition and determined that the owners of taxable real property representing more than 50% of the appraised value of the taxable real property liable for assessment under the Petition and owning more than 50% 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 ::ODMA\WORLDOX\0:\WDOX\ORDINANC\00021600.WPD/o20228d1/CdC Rock to consider making findings as to the advisability of the creation of the District; and WHEREAS, after providing notices required by Section 372.009 of the Act, the City Council on December 20, 2001 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, on December 20, 2001, 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; and WHEREAS, pursuant to the Act, the statutory notice of a public hearing on February 28, 2002 to consider the levy of the proposed assessments on real property within the District was accomplished; and WHEREAS, after notice was provided as required by the Act, the City Council of the City of Round Rock on February 28, 2002 held a public hearing to consider the levy of the proposed assessments on property within the District, heard and passed on any objections to the proposed assessments and closed the public hearing. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT I . 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 February 28, 2002 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 within each class 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 within each class and between all parties concerned considering the benefits received and burdens imposed, and further finds that in each case the property 3 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. Section 5. There shall be and is hereby levied and assessed against the parcels of property within the District, and against the real and true owners thereof (whether such owners be correctly named or not), the sums 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 said Property and the owners 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 lien upon the Property against which the same are assessed, and a personal liability and charge against the real and true owners of such Property, whether such owners 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 4 other hens and claims except State, County, School District and city ad valorem taxes. Section 7. The assessments shall be due and payable as stated in the Assessment Plan. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, costs and attorney's 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 the Texas Tax Code. Section 8. 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 9 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 date of payment. All payments shall be in accordance with the Assessment Plan attached hereto. 5 Section 9. 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. L pth READ and APPROVED/ion first re ding this the cQ0 day of J.11114114trl 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. AT EST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 6 Page 1 of 4 Hoover Tract 45.09 Acre Tract DESCRIPTION FOR A 45.09 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 23.217 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO SUE HOOVER BY INSTRUMENTRECORDEDIN VOLUME 2137, PAGE 218 OF THE OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 27.61 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO JAMES J. HOOVER AND WIFE, SUE S. HOOVER BY INSTRUMENT RECORDED IN VOLUME 649, PAGE 114 OF THE DEED RECORDS OF SAID COUNTY, SAID 45.09 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the southwesterly comer of said 27.61 Acre Tract, same being the southeasterly comer of a called 2.00 acre tract of land as described in that deed to David L. Carlin and Mary C. Carlin by instrument recorded in Document No. 9759883 of said Official Records, same being on the approximate centerline of Lakecreek, same being the southwesterly comer hereof, from which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet; THENCE with the westerly line of said 27.61 Acre Tract, same being the easterly line of said 2.00 Acre Tract, N 16° 47' 12" W for a distance of 163.02 feet to a '/2" iron rod found for the southwesterly corner of a called 4.83 acre tract of land as described in that deed to David L. Carlin and wife, Mary C. Carlin by instrument recorded in Volume 1155, Page 286 of said Official Records, same being an angle point hereof; THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and distances: 1) S 82° 12' 52" E for a distance of 329.24 feet to a 1/2" iron rod found for an angle point hereof; 2) N 03° 06' 47" W for a distance of 308.89 feet to a 'A" iron rod found for an angle point hereof; , 3) N 62° 12' 26" E for a distance of 232.07 feet to a 1/2" iron rod found for an angle point hereof; 4) N 37° 50' 26" E for a distance of 160.89 feet to a 1/2" iron rod found for an angle point hereof; 5) N 14° 45' 47" E for a distance of 15.08 feet to a' 2" iron rod found for an angle point hereof; 6) N 23° 41' 43" E pass a 1/2" iron rod found at a distance of 79.09 feet, continuing for a total distance of 115.65 feet to the northerly line of said 27.61 Acre Tract, same being the approximate centerline of Brushy Creek, same being the northwesterly comer hereof; Page 2 of 4 Hoover Tract 45.09 Acre Tract THENCE with the approximate centerline of Brushy Creek, same being in part with the northerly line of said 27.61 Acre Tract and said 23.217 Acre Tract, the following seven (7) courses and distances: 1) S 70° 32' 12" E for a distance of 77.75 feet for an angle point hereof; 2) N 89° 31' 48" E for a distance of 404.79 feet for an angle point hereof; 3) N 82° 48' 33" E for a distance of 827.53 feet for an angle point hereof; 4) N 65° 23' 52" E for a distance of 247.08 feet for an angle point hereof; 5) N 70° 47' 53" E for a distance of 207.55 feet for an angle point hereof; 6) N 76° 14' 05" E for a distance of 8457 feet for an angle point hereof; 7) N 60° 12' 38" E for a distance of 117.86 feet to the intersection of the said approximate centerline of Brushy Creek and the said approximate centerline of Lakecreek, same being the northeasterly corner hereof; THENCE with the intersection of the said approximate centerline of Brushy Creek and the said approximate centerline of Lakecreek, S 44° 22' 57" E for a distance of 20.00 feet for an angle point hereof; THENCE with the easterly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek,-the following four (4) courses and distances: 1) S 45° 37' 03" W for a distance of 163.91 feet for an angle point hereof; 2) S 51° 57' 12" W for a distance of 475.77 feet for an angle point hereof; 3) S 38° 51' 11" W for a distance of 252.21 feet for an angle point hereof; 4) S 10° 24' 33" W for a distance of 40.70 feet for the northwesterly corner of Lot 28, Block D, of South Creek Section Twelve, a subdivision recorded in Cabinet L, Slides 259 — 262 of the Plat Records of said County, same being an angle point hereof; THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said Lot 28, S 43° 05' 18" E for a distance of 59.87 feet for the northwesterly comer of South Creek, Section Ten, a subdivision recorded in Cabinet I, Slides 164 — 165 of said Plat Records, same being an angle point hereof, from which a %2" iron rod found for the most southerly corner of _said Lot 28, same being the most westerly comer of Lot 4, Block C, of said South Creek Section Twelve bears, S 430 05' 18" E for a distance of 91.89 feet, and a %2" iron rod found for a point of Page 3 of 4 Hoover Tract 45.09 Acre Tract curvature of said Lot .28, same being on the northerly right-of-way line of Sugar Berry Cv. (50 foot right-of-way width) bears, S 43° 05' 18" E for a distance of 91.89 feet and N 31° 57' 54" E for a distance of 209.72 feet; THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said South Creek, Section Ten, S 18° 25' 33" W for a distance of 835.48 feet for the southwesterly corner of said South Creek, Section Ten, same being the northeasterly comer of South Creek, Section 2, a subdivision recorded in Cabinet F, Slides 266 — 267 of said Plat Records, same being a point of curvature hereof, from which a %" iron rod found for the most easterly corner of Lot 13, Block G, of said South Creek, Section 2, same being the most southerly corner of Lot I, Block C, of said South Creek, Section Ten, same being on the westerly right-of-way line of Willow Way (5.0 foot right-of-way width) bears, S 57° 49' 55" E for a distance of 369.07 feet, and a 1/2" iron rod found on a common angle point between said South Creek, Section Ten and said South Creek, Section 2, same being on the easterly right-of-way line of said Willow Way bears, S 57° 49' 55" E for a distance of 419.34 feet; THENCE with the easterly line of said 23.217 Acre Tract, same being the northerly line of said South Creek, Section 2, with the arc of a curve to the right, having a radius of 32356 feet, passing at an arc distance of 363.59 feet, a 1/2" iron rod found in concrete, said W' iron rod found being 0.21 feet north of said curve to the right, in all a total arc length of 366.34 feet, a central angle of 64° 52' 14", and a chord which bears S 50° 48' 49" W for a distance of 347.08 feet for the northwesterly corner of said South Creek, Section 2, same being on the said approximate centerline of Lakecreek, same being an angle point hereof, from which a %2" iron rod found for the northwesterly corner of Lot 3, Block G, of said South Creek, Section 2 bears, S 00° 15' 05" E for a distance of 140.50 feet, and a 1/2" iron rod found for the southwesterly comer of Lot 2, Block G, of said South Creek, Section 2, same being the northwesterly corner of said Lot 1,. Block G, of said South Creek, Section 2 bears, S 02° 05' 55" E for a distance of 161.60 feet; THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek, N 72° 40' 03" W for a distance of 243.06 feet for the southeasterly corner of a called 1.50 acre tract of land as described in that deed to Roger A. Miller and wife, Suzanne B. Miller by instrument recorded in Volume 790, Page 892 of said Deed Records, same being an angle point hereof; THENCE with the easterly, northerly, and westerly line of said 1.50 Acre Tract the following six (6) courses and distances: 1) N 02° 06' 00" W for a distance of 60.00 feet to a 1/2" iron rod found for an angle point hereof; 2) N 00° 03' 28" W for a distance of 94.78 feet to a fence post for an angle point hereof; 3) N 02° 27' 50" W for a distance of 143.00 feet for an angle point hereof; Page'4 of 4 Hoover Tract 45.09 Acre Tract 4) N 800 41' 39" W for a distance of 233.40 feet to a railroad spike found for an angle point hereof; 5) S 06° 27' 39" W for a distance of 118.32 feet to a %2" iron rod found for an angle point hereof; 6) S 20° 13' 22" E for a distance of 183.99 feet for the southwesterly corner of said 1.50 Acre Tract, same being on the southerly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek, same being an angle point hereof; THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek, the following five (5) courses and distances: 1) N 77° 16' 23" W for a distance of 166.49 feet for an angle point hereof; 2) N 72° 30' 47" W for a distance of 152.26 feet for an angle point hereof; 3) N 76° 23' 19" W for a distance of 244.14 feet for an angle point hereof; 4) N 62° 42' 11" W for a distance of 123.00 feet for an angle point hereof; 5) N 46° 34' 11" W for a distance of 427.61 feet to the POINT OF. BEGINNING hereof and containing 45.09 acre of land. Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone, NAD '83 Note: Refer to attached survey plat. Surveyed under the direct supervision of the undersigned: wrence A. Hunt Registered Professional Land Surveyor BAKER-AICKLEN & ASSOCIATES, 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 1154-702-20 File Name: W:\PROJECTSIHOOVERV77'FLEUDO(AMEI-HOOVERdoc Page 1 of 3 Carlin Tract 6.83 Acre Tract DESCRIPTION FOR A 6.83 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN BY INSTRUMENT RECORDED 1N VOLUME 1155, PAGE 286 OF SAID OFFICIAL RECORDS, SAID 6.83 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %2" iron rod found on the northwesterly comer of said 2.00 Acre Tract, same being the southerly right-of-way line of Missouri Pacific Railroad, same being the northwesterly comer hereof; THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right-of-way line of said Missouri Pacific Railroad, with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of 362.08 feet, a central angle of 05° 10' 49", and a chord which bears, N 62° 06' 32" E for a distance of 361.95 feet to a %2" iron rod found for the northeasterly comer of a said 2.00 Acre Tract, same being the northwesterly corner of said 4.83 Acre Tract; THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right-of-way line of said Missouri Pacific Railroad, the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of 340.32 feet, a central angle of 04° 52' 08", and a chord which bears, N 56° 09' 10" E for a distance of 340.22 feet to a %2" iron rod found for a point of tangency hereof; 2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly corner of said 4.83 Acre Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly corner hereof; THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline of said Brushy Creek, S 70° 32' 12" E for a distance of 126.66 feet for the most easterly corner hereof; EXHIBIT f� [); Page 3 of 3 Carlin Tract 6.83 Acre Tract 2) N 66° 52' 29" W for a distance of 120.34 feet for an angle point hereof; 3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof; 4) S 76°.04' 18" W for a distance of 8836 feet for an angle point hereof; 5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly corner of said 2.00 Acre Tract, same being the southwesterly corner hereof; THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a %2" iron rod found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF BEGINNING hereof and containing 6.83 acre of land. Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone, NAD '83 Note: Refer to attached survey plat. Surveyed under the direct supervision of the undersigned: nce A. Hunt egistered Professional Land Surveyor BAKER-AICKLEN & ASSOCIATES, 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 1154-702-20 File Name: W:\PROJECTS\HOOVER\DOCIMB-CARLIN.doc Page 2 of 3 Carlin Tract 6.83 Acre Tract THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and distances: 1) S 23° 41' 43" W passing a 1/2" iron rod found at a distance of 36.56 feet, continuing for a total distance of 115.65 feet to a 1/2" iron rod found for an angle point hereof; 2) S 14° 45' 47" W for a distance of 15.08 feet to a 1/2" iron rod found for an angle point hereof; 3) S 37° 50' 26" W for a distance of 160.89 feet to a 1/2" iron rod found for an angle point hereof; 4) S 62° 12' 26" W for a distance of 232.07 feet to a 1/2" iron rod found for an angle point hereof; 5) S 03° 06' 47" E for a distance of 308.89 feet to a 1/2" iron rod found for an angle point hereof; 6) N 82° 12' 52" W for a distance of 329.24 feet to a %2" iron rod found for the southwesterly comer of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same being an angle point hereof; THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called 27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by instrument recorded in Volume 649, Page 114 of the Deed Records of said County, S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly corner of said 2.00 Acre Tract, same being the southwesterly corner of said 27.61 Acre Tract, same being on the said approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet; THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate centerline of Lakecreek, the following five (5) courses and distances: 1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof; aik 1111111110 oC' CIi1i�lit#4 v sC-11111ugn1* limunitek, 11M1111 e• 14 404 4 -) ♦4 iis'ii 4.16.__M:11\ • �i�i.. c- ..c 611 �i •••1•• �.1 .tet.. Ea •11 111111111:11iffil Ii.m.ni...ii,.::: ..I■■■■».i 1E��r ,:lIrt iii -di _Ham Maim 3 .11..k. Aik-ISCIIIIIIII.It132.2.1. 1:11:74111:11:: NO.V.' V laR117.1111rag GRIMES BLVD. PUBLIC IMPROVEMENT DISTRICT #1 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 December 20, 2001, the City of Round Rock (the "City") passed Resolution No. R -01-12-20-10B1 which authorized the establishment of Grimes Blvd. Public Improvement District #1 (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 construction of proposed Grimes Blvd. Running through the Property. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that $317,449.00, plus 6 1/2% 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 Grimes Blvd. Running through the Property. Substantial Completion shall be defined as the date on which the director of Public Works notifies the contractor that the portion of Grimes Blvd. through the Property has been finally accepted. The method of assessment shall be as follows: An assessment of Three Hundred and Seventeen Thousand, Four Hundred Forty -Nine and No/100 Dollars ($317,449.00) shall be levied on the Property and shall be paid on a per -acre, pro -rated basis, due seven years after Substantial Completion of Grimes blvd. through the Property, or at the time of plat recordation whichever first occurs. Section 3. Assessment Roll. The District is described as being the Property more specifically described in Exhibits "A" and "B". The Property Owner is the same property owner stated in the petition to establish the district received by the City secretary on or before October 1, 2001. @::ODMA/WORLDOX/O:/W DOX/CORR/TRANSPRT/GRI MES/PI D/ASSPLAN/00021591. W PD/kg Section 4. Indebtedness. The total PID assessments shall not exceed $317,449.00. Section 5. Costs. The total Costs to be assessed are estimated as follows: A) Total Improvement Costs B) Interest Section 6. Levy of Assessments. Not to exceed $317,449.00. Simple Interest shall accrue at the rate of 6 '/2 %, beginning upon Substantial Completion of Grimes Blvd. 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 Three Hundred and Seventeen Thousand, Four Hundred Forty -Nine and No/100 Dollars ($317,449.00) shall be levied on the Property and shall be paid on a per -acre, pro -rated basis, due seven years after Substantial Completion of Grimes blvd. through the Property, or at the time of plat recordation whichever first occurs. Section 7. 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 for Improvements plus the interest accrued or penalties that have been imposed prior to the date of payment of the assessment. Section 8 . Default in Payment of Assessments If default be made in payment of any of the said sums hereby assessed against the property owners and their property, collection thereof, costs and attorney 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 9. 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. 2. Section 10. 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. Section 11, No Discounts or Split Payments There will be no split payment of an assessment or discount for the early payment of an assessment. Section 12. 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 13. 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 14. 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. 3. ' Page 1 of 4 Hoover Tract 45.09 Acre Tract DESCRIPTION FOR A 45.09 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 23.217 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO SUE HOOVER BY INSTRUMENT. RECORDED IN VOLUME 2137, PAGE 218 OF THE OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 27.61 ACRE TRACT OF LAND A8 DESCRIBED IN THAT DEED TO JAMES J. HOOVER AND WIFE, SUE S. HOOVER BY INSTRUMENT RECORDED IN VOLUME 649, PAGE 114 OF THE DEED RECORDS OF SAID COUNTY, SAID 45.09 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the southwesterly comer of said 27.61 Acre Tract, same being the southeasterly comer of a called 2.00 acre tractof land as described in that deed to David L. Carlin and Mary C. Carlin by instrument recorded in Document No. 9759883 of said Official Records, same being on the approximate centerline of Lakecreek, same being the southwesterly comer hereof, from which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet; THENCE with the westerly line of said 27.61 Acre Tract, same being the easterly line of said 2.00 Acre Tract, N 16° 47' 12" W for a distance of 163.02 feet to a 'A" iron rod found for the southwesterly corner of a called 4.83 acre tract of land as described in that deed to David L. Carlin and wife, Mary C. Carlin by instrument recorded in Volume 1155, Page 286 of said Official Records, same being an angle point hereof; THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and distances: 1) S 82° 12' 52" E for a distance of 329.24 feet to a %2 iron rod found for an angle point hereof 2) N 03° 06' 47" W for a distance of 308.89 feet to a 'A" iron rod found for an angle point hereof; , 3) N 62' 12' 26" E for a distance of 232.07 feet to a 'A" iron rod found for an angle point hereof; 4) N 37hereof;° 50' 26" E for a distance of 160.89 feet to a 'A" iron rod found for an anglepoint 5) N 14° 45' 47" E for a distance of 15.08 feet to a W' iron rod found for an angle point hereof; 6) N 23° 41' 43" E pass a 'A" iron rod found at a distance of 79.09 feet, continuing for a total distance of 115.65 feet to the northerly line of said 27.61 Acre Tract, same being the approximate centerline of Brushy Creek, same being the northwesterly corner hereof; ' Page 2 of 4 Hoover Tract 45.09 Acre Tract THENCE with the approximate centerline of Brushy Creek, same being in part with the northerly line of said 27.61 Acre Tract and said 23.217 Acre Tract, the following seven (7) courses and distances: 1) S 70° 32' 12" E for a distance of 77.75 feet for an angle point hereof; 2) N 89° 31' 48" E for a distance of 404.79 feet for an angle point hereof; 3) N 82° 48' 33" E for a distance of 827.53 feet for an angle point hereof; 4) N 65° 23' 52" E for a distance of 247.08 feet for an angle point hereof; 5) N 70° 47' 53" E for a distance of 207.55 feet for an angle point hereof; 6) N 76° 14' 05" E for a distance of 84.57 feet for an angle point hereof, 7) N 60° 12' 38" E for a distance of 117.86 feet to the intersection of the said approximate centerline of Brushy Creek and the said approximate centerline of Lakecreek, same being the northeasterly corner hereof; THENCE with the intersection of the said approximate centerline of Brushy Creek and the said approximate centerline of Lakecreek, S 44° 22' 57" E for a distance of 20.00 feet for an angle point hereof; THENCE with the easterly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek,-the following four (4) courses and distances: 1) S 45° 37' 03" W for a distance of 163.91 feet for an angle point hereof; 2) S 51° 57' 12" W for a distance of 475.77 feet for an angle point hereof; 3) S 38° 51' 11" W for a distance of 252.21 feet for an angle point hereof; 4) S 10° 24' 33" W for a distance of 40.70 feet for the northwesterly corner of Lot 28, Block D, of South Creek Section Twelve, a subdivision recorded in Cabinet L, Slides 259 — 262 of the Plat Records of said County, same being an angle g point hereof; THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said Lot 28, S 43° 05' 18" E for a distance of 59.87 feet for the northwesterly comer of South Creek, Section Ten, a subdivision recorded in Cabinet I, Slides 164 — 165 of said Plat Records, same being an angle point hereof, from which a %2" iron rod found for the most southerly corner of . said Lot 28, same being the most westerly corner of Lot 4, Block C, of said South Creek Section Twelve bears, S 43° 05' 18" E for a distance of 91.89 feet, and a %2" iron rod found for a point of Page 3 of 4 Hoover Tract 45.09 Acre Tract curvature of said Lot 28, same being on the northerly right-of-way line of Sugar Berry Cv. (50 foot right-of-way width) bears, S 430 05' 18" E for a distance of 91.89 feet and N 31° 57' 54" E for a distance of 209.72 feet; THENCE with the easterly line of said 23.217 Acre Tract, same being the westerly line of said South Creek, Section Ten, S 18° 25' 33" W for a distance of 835.48 feet for the southwesterly corner of said South Creek, Section Ten, same being the northeasterly comer of South Creek, Section 2, a subdivision recorded in Cabinet F, Slides 266 — 267 of said Plat Records, same being a point of curvature hereof, from which a 2" iron rod found for the most easterly corner of Lot 13, Block G, of said South Creek, Section 2, same being the most southerly corner of Lot I, Block C, of said South Creek, Section Ten, same being on the westerly right-of-way line of Willow Way (5.0 foot right-of-way width) bears, S 57° 49' 55" E for a distance of 369.07 feet, and a W' iron rod found on a common angle point between said South Creek, Seetion Ten and said South Creek, Section 2, same being on the easterly right-of-way line of said Willow Way bears, S 570 49' 55" E for a distance of 419.34 feet; THENCE with the easterly line of said 23.217 Acre Tract, same being the northerly line of said South Creek, Section 2, with the arc of a curve to the right, having a radius of 323.56 feet, passing at an arc distance of 363.59 feet, a 1/2" iron rod found in concrete, said W' iron rod found being 0.21 feet north of said curve to the right, in all a total arc length of 366.34 feet, a central angle of 64° 52' 14", and a chord which bears S 50° 48' 49" W for a distance of 347.08 feet for the northwesterly corner of said South Creek, Section 2, same being on the said approximate centerline of Lakecreek, same being an angle point hereof, from which a %2" iron rod found for the northwesterly corner of Lot 3, Block G, of said South Creek, Section 2 bears, S 00° 15' 05" E for a distance of 140.50 feet, and a W' iron rod found for the southwesterly corner of Lot 2, Block G, of said South Creek, Section 2, same being the northwesterlycorner of said Lot 1, Block G, of said South Creek, Section 2 bears, S 02° 05' 55" E for a distance of 161.60 feet; 'THENCE with the southerly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek, N 72° 40' 03" W for a distance of 243.06 feet for the southeasterly comer of a called 1.50 acre tract of land as described in that deed to Roger A. Miller and wife, Suzanne B. Miller by instrument recorded in Volume 790, Page 892 of said Deed Records, same beingan angle point hereof; THENCE with the easterly, northerly, and westerly line of said 1.50 Acre Tract the following ' six (6) courses and distances: 1) N 02° 06' 00" W for a distance of 60.00 feet to a 'A" iron rod found for an angle point hereof; 2) N 00° 03' 28" W for a distance of 94.78 feet to a fence post for an angle point hereof; 3) N 02° 27' 50" W for a distance of 143.00 feet for an angle point hereof; Page'4 of 4 Hoover Tract 45.09 Acre Tract 4) N 80° 41' 39" W for a distance of 233.40 feet to a railroad spike found for an angle point hereof; 5) S 06° 27' 39" W for a distance of 118.32 feet to a '/2" iron rod found for an angle point hereof; 6) S 200 13' 22" E for a distance of 183.99 feet for the southwesterly corner of said 1.50 Acre Tract, same being on the southerly line of said 23.217 Acre Tract, same being the said approximate centerline of Lakecreek, same being an angle point hereof; THENCE with the southerly line of said 23.217 Acre Tract, centerline of Lakecreek, the following five (5) courses and distances:cee being the said approximate 1) N 77° 16' 23" W for a distance of 166.49 feet for an angle point hereof; 2) N 72° 30' 47" W for a distance of 152.26 feet for an angle point hereof; 3) N 76° 23' 19" W for a distance of 244.14 feet for an angle point hereof; 4) N 62° 42' 11" W for a distance of 123.00 feet for an angle point hereof; 5) N 46° 34' 11" W for a distance of 427,61 feet to the POINT OF BEGINNING hereof and containing 45.09 acre of land. Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone, NAD '83 Note: Refer to attached survey plat. Surveyed under the direct supervision of the undersigned: wrence A. Hunt Registered Professional Land Surveyor BAKER-AICKLEN & ASSOCIATES, 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 1154-702-20 File Name: W:IPROJECfSJHOOVER\flTh DOOMB-HOOVER.doc Page 1 of 3 Carlin Tract 6.83 Acre Tract DESCRIPTION FOR A 6.83 ACRE TRACT OF LAND 1N THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN BY INSTRUMENT RECORDED IN VOLUME 1155, PAGE 286 OF SAID OFFICIAL RECORDS, SAID 6.83 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %2" iron rod found on the northwesterly comer of said 2.00 Acre Tract, same being the southerly right-of-way line of Missouri Pacific Railroad, same being the northwesterly comer hereof; THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right-of-way line of said Missouri Pacific Railroad, with the arc of a curve to the Left, having a radius of 4004.79 feet, an arc length of 362.08 feet, a central angle of 05° 10' 49", and a chord which bears, N 62° 06' 32" E for a distance of 361.95 feet to a %2" iron rod found for the northeasterly comer of a said 2.00 Acre Tract, same being the northwesterly corner of said 4.83 Acre Tract; THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right-of-way line of said Missouri Pacific Railroad, the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of 340.32 feet, a central angle of 04° 52' 08", and a chord which bears, N 56° 09' 10" E for a distance of 340.22 feet to a %2" iron rod found for a point of tangency hereof; 2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly comer of said 4.83 Acre Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly corner hereof; THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline of said Brushy Creek, S 70° 32' 12" E for a distance of 126.66 feet for the most easterly comer hereof; Page 2 of 3 Carlin Tract 6.83 Acre Tract THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and distances: 1) S 23° 41' 43" W passing a 1/2" iron rod found at a distance of 36.56 feet, continuing for a total distance of 115.65 feet to a %" iron rod found for an angle point hereof; 2) S 14° 45' 47" W for a distance of 15.08 feet to a 1/2" iron rod found for an angle point hereof; 3) S 37° 50' 26" W for a distance of 160.89 feet to a 1/2" iron rod found for an angle point hereof; 4) S 62° 12' 26" W for a distance of 232.07 feet to a %z" iron rod found for an angle point hereof; 5) S 03° 06' 47" E for a distance of 308.89 feet to a %2" iron rod found for an angle point hereof; 6) N 82° 12' 52" W for a distance of 329.24 feet to a Y2" iron rod found for the southwesterly comer of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same being an angle point hereof; THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called 27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by instrument recorded in Volume 649, Page 114 of the Deed Records of said County, S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly corner of said 2.00 Acre Tract, same being the southwesterly comer of said 27.61 Acre Tract, same being on the said approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet; THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate centerline of Lakecreek, the following five (5) courses and distances: 1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof; Page 3 .of 3 Carlin Tract 6.83 Acre Tract 2) N 66° 52' 29" W for a distance of 120.34 feet for an angle point hereof'; 3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof; 4) S 76°.04' 18" W for a distance of 88.36 feet for an angle point hereof; 5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly comer of said 2.00 Acre Tract, same being the southwesterly corner hereof; THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a %2" iron rod found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF BEGINNING hereof and containing 6.83 acre of land. Bearing Basis is Grid North as based on the Texas State Plane Coordinate System, Central Zone, NAD '83 Note: Refer to attached survey plat. Surveyed under the direct supervision of the undersigned: nce A. Hunt egistered Professional Land Surveyor BAKER-AICKLEN & ASSOCIATES, 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 i Job No.: 1154-702-20 Fik Name: WAPROJEC SAHOOVER1DOG'1Mg-CgRL1N. doc Date vs (111 �. � ilii�iY � i'4IIZt 1tiO4 .41 ���i�1 1ylZ / G : is ►: i/�IIII �► a Ilitl� ka r..i.' m. triElva:. :: ��eliri�� le111111. 111111111 ;:i i�I. �`f A 1 �i1� 1muftisltl� �� :` III,. ■,„,. /+1111111►...... + mhz A.W .Games ! _ r �I 1111111111!11/�����j11' ►�����11 11111111‘:11111:15211:14,444:11111 111N1� 111 ♦�1'S: f444 elta �.p �4 c ► 0. .-• • V. si \� i 1.0.+'. .ow :C rEr - s-G�UA�� IPIli%m NE um 11//�m 1110, �/Iil►\IL �niIi 1 i771.I MEM 1Sig 'l1 111 Mall. .31 IMEI LI us N::1111111111:11iiiiiiii \1111nim1lIu/s..: Tama ■■.■■■, 1,11.1�11jilfil* ,� :p O■ uukr.i3 1 1• .,7����'9Y�YYYIiYiiS • ID t E Vin, FILED AD RECORDED OFFICIAL PUBLIC RECORDS 04-16-200712:19 PM 2002028714 ANDERSON $59.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY' TEXAS L1 t�'1 .C.tJ8 (;• UCS DATE: February 21, 2002 SUBJECT: City Council Meeting — February 28, 2002 ITEM: 11.D.1. Consider an ordinance closing hearing and levying assessments for the cost of certain improvements to be provided in the Grimes Boulevard Public Improvement District #1. (First Reading) Resource: Steve Sheets, City Attorney Charlie Crossfield, Assistant City Attorney History: On October 31, 2001, the property owners delivered a petition to the City requesting the creation of this PID. On December 20, 2001 a public hearing was held and the Council passed a resolution approving the creation of this PID. This ordinance adopts the Assessment Plan for PID No. 1. Funding: Cost: N/A Source of Funds: N/A Outside Resources: N/A Impact: N/A Benefit: This will provide $317,449 in developer contributions to the construction of A. W. Grimes Boulevard. Public Comment: Public hearings were held on December 20, 2001 and on February 28, 2002. Sponsor: N/A