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G-96-12-19-9B - 12/19/1996ORDINANCE NO. v F (0-11-19- AN ORDINANCE DESIGNATING A 4.999 ACRE TRACT OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS REINVESTMENT ZONE NO. 20 FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Round Rock, Texas (the "City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. (the "Code"); and WHEREAS, the City Council called a public hearing for 7:00 P.M. on the 19th day of December, 1996, to consider establishment of a reinvestment zone, such date being seven (7) days after the date of publication of the notice of such public hearing and the notification of other taxing jurisdictions as required by the Code; and WHEREAS, the City at such hearing invited any interested persons to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the Ordinance calling such hearing should be included in such proposed reinvestment zone, the concept of tax abatement; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment K:\WPDOCS\ORDINANC\OR61219B.WPD/scg zone, and no opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. II. The City Council, after conducting such hearings and having heard such evidence and testimony, has made the following findings and determinations based on the testimony presented to it: (a) That a public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted and that notices of such hearing have been published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; (b) That the boundaries of the reinvestment zone should be the area as described in Exhibit A; (c) That creation of the reinvestment zone for commercial/industrial tax abatement with boundaries as described above will result in benefits to the City and to the land included in the zone and the improvements sought are feasible and practical; (d) That the reinvestment zone as defined above meets the criteria for the creation of a reinvestment zone as set forth in Section 312.202 of the Code in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City; and (e) That the reinvestment zone as defined above meets the criteria for the creation of a reinvestment zone as set forth in the City of Round Rock criteria and guidelines adopted by Ordinance No. G -95-09-14-9P on September 14th, 1995. 2. III. Pursuant to Section 312.201 of the Tax Code, V.A.T.S., the City hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described in Exhibit "A" and such reinvestment zone is hereby designated as Reinvestment Zone No. 20, City of Round Rock, Texas. IV. 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. 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. 9day READ, PASSED, and ADOPTED on first reading this l of £LLVflioI , 1996. Alternative 2. READ and APPROVED on first reading this the day of , 1996. READ, APPROVED and ADOPTED on second reading this the day of , 1996 ATTEST: E LAND, City Secretary 3. CHARLES CULP2PPFR, Mayor City of Round Rock, Texas OCT -11-1996 11 36 FROM 4.999 ACRES HOPPE TRACT PAGE 1 TO 21E7097 P.02 EXHIBIT "A" FIELD NOTES DESCRIPTION OF 4.999 ACRES D. CURRY SURVEY JOB NO. 96-143 SEPTEMBER 25, 1996 FIELD NOTE DESCRIPTION FOR 4.999 ACRE TRACT (217,756 SQ. FT.) OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130 SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 4.999 ACRE TRACT BEING ALL OF THAT CERTAIN 3.634 ACRE TRACT AS CONVEYED TO ENCINO PLAZA PROPERTY AS DESCRIBED IN DOCUMENT NO. 9623780 AND A 1.365 ACRE TRACT BEING A PORTION OF THAT CERTAIN 16.451 ACRE TRACT AS CONVEYED TO OAK TREE DEVELOPMENT CORPORATION AS DESCRIBED IN DOCUMENT NO. 9623183 OF THE WILLIAMSON COUNTY DEED RECORDS (W.C.D.R.), WILLIAMSON COUNTY, TEXAS, SAID 4.999 ACRE TRACT (217,756 SQ. FT.) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT AN 1/2" IRON ROD FOUND IN THE NORTHERLY RIGHT-OF- WAY (R.O.W.), LINE OF F.M. 3406 (120' R.O.W.) AND WITH THE EASTERLY R.O.W. LINE OF CHISHOLM TRAIL (R.O.W. VARIES) SAID POINT BEING THE POINT OF REFERENCE OF THE HEREIN DESCRIBED TRACT. THENCE N 01° 20' 26" E, A DISTANCE OF 560.07 FEET ALONG THE EASTERLY R.O.W. OF CHISHOLM TRAIL AND THE WEST LINE OF THAT 4.651 ACRE TRACT CONVEYED TO HOPPE PROPERTIES LTD. IN DOCUMENT NO. 9623779, TO A CALCULATED POINT. THENCE 9 88° 39' 34" E A DISTANCE OF 20.00 FEET DEPARTING SAID EASTERLY R.O.W. LINE OF CHISHOLM TRAIL TO AN IRON ROD SET FOR THE POINT OF BEGINNING SAID POINT BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE N 01° 20' 26" E A DISTANCE OF 634.56 FEET ALONG THE WEST UNE OF SAID 3.634 ACRES AND SAID 1.365 ACRE TRACT TO AN 1/2" IRON ROD THENCE S 88° 39' 34" E A DISTANCE OF 350.00 FEET ALONG THE NORTH LINE OF SAID 1.365 ACRES TO AN 1/2" IRON ROD SET THENCE ALONG THE EAST LINE OF SAID 1.365 ACRE TRACT AND SAID 3.634 ACRE TRACT THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1. S 01° 20' 26" W A DISTANCE OF 347.82 FEET TO AN 1/2" IRON ROD SET, SAID POINT BEING A POINT OF CURVATURE FOR A CURVE TO THE RIGHT; 2. CONTINUING ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 190.00 FEET, A CENTRAL ANGLE OF 15° 00' 00" AN ARC OCT -11-1996 11 37 FROM TO 21E7097 P.03 LENGTH OF 49.74 FEET AND A CHORD WHICH BEARS 8 08° 50' 26" W, A DISTANCE OF 49.60 FEET TO AN 1/2" IRON ROD SET; 3. S 16° 20' 26" W A DISTANCE OF 155.98 FEET TO AN 1/2" IRON ROD SET FOR THE POINT OF CURVATURE FOR A CURVE TO THE LEFT; 4. CONTINUING ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 15° 00' 00" AN ARC LENGTH OF 54.98 FEET AND A CHORD WHICH BEARS 5 08° 50 26" W A DISTANCE OF 54.82 FEET TO AN 112" IRON ROD SET; 5. S 01° 20' 26" W A DISTANCE OF 32.55 FEET TO AN 112" IRON ROD SET FOR THE POINT OF CURVATURE FOR A CURVE TO THE RIGHT; 6. CONTINUING ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90° 00' 00" AN ARC LENGTH OF 23.56 FEET AND A CHORD WHICH BEARS S 46° 20' 26" W A DISTANCE OF 21.21 FEET TO AN 112" IRON ROD SET SAID POINT BEING THE SOUTHEAST CORNER OT THE HEREIN DESCRIBED TRACT; THENCE ALONG THE SOUTH LINE OF SAID 3.634 ACRE TRACT THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. N 88° 39' 34" W A DISTANCE OF 266.00 FEET TO AN 112" IRON ROD SET FOR THE POINT OF CURVATURE FOR A CURVE TO THE RIGHT; 2. CONTINUING ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL. ANGLE OF 90° 00' 00" AN ARC LENGTH OF 23.56 FEET AND A CHORD WHICH BEARS N 43° 39' 34" W A DISTANCE OF 21.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.999 ACRES (217,756 SQ. FT) OF LAND MORE OR LESS. I, TIMOTHY HAYNIE, HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND THAT ALL CORNERS ARE MARKED AS DESCRIBED. TIMOTHY E. HAYNIE DATE REGISTERED PUBLIC SURVEYOR NO.2380 FILE: 96143FLD.NTS 0 N d C N w r iiiii‘ %VII I 111 II,111_ nvestmer I.H. 35 Heil wiwa.V'J 1 11,1: Date: Subject: Item: December 17, 1996 City Council Meeting December 19, 1996 9.B. Consider an ordinance designating 4.999 acres of land out of the David Curry Abstract, Survey No. 130 in Round Rock, Texas as Reinvestment Zone No. 20. (Encino Plaza) (First Reading) Staff Resource Person: Joe Vining Staff Recommendation: Approval The purpose of this reinvestment zone and corresponding tax abatement agreement is to facilitate the construction of a Holiday Inn Select hotel. This site is located on the west side of IH -35, north of FM 3406. The estimated construction cost of the improvements is approximately $11,643,338.00. Construction on the site has begun and should be completed in the spring. This hotel will provide a minimum of 99 new jobs over the course of the agreement. In order to comply with statutory requirements, taxing entities have been notified of this public hearing.