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R-05-01-13-10F4 - 1/13/2005RESOLUTION NO. R -05-01-13-10F4 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE CREATION OF THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, a petition regarding the creation and establishment of the Forest Creek Drive Public Improvement District has been submitted to the City, and WHEREAS, the City desires to call a public hearing to consider the creation of the Forest Creek Drive Public Improvement District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That a public hearing regarding the creation and establishment of the Forest Creek Drive Public Improvement District shall be held before the City Council of the City of Round Rock, Texas on the 10th day of February, 2005 at 7:00 p.m. in the City Council Chambers at 221 East Main Street, Round Rock, Texas 78664. II. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. 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 @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLOTI/1250113F4.WPD/SC 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 13th day of January, 2005. WE ayor City of Round Rock, Texas AT .4I.4.1i.' ../1t/14 CHRISTINE R. MARTINEZ, City Secreta 2 ADLER_FALLS LN 0 7'r ARROW OOD PL re O u. CR/NNE-CANYON PL dl ONV, Idd0d CROSSLEi' CROSSII PARADISE RIDGE DR BELVEDERE_Pl.. RUSK RD Z' 0 z'. 0 w AVMXtN30Hd 12113H3VdV � GUNSIGHT DR 1 ESQ DOUBLE CREEK DR d0, y' t0 tu1�. 0 0 J y r� > 0 0� ,d am N FT LL YDtil 7C;G DOUBLE CREEK DR S u' 1 Y REDW000 TRCE ua HlVd IflN-1-S31iO_ z DOUBLE OREEKDR 6 Y SERVICE Limits of Proposed Forest Creek PID NOV-17-2004 13 18 CITY OF ROUND ROCK B.rYru,,.... i so WSW IIIIIIW IA imi 11111 O .. ►''> l ` % ��i�1111' , \ A1 �' firs _r 111111 Mil a ■■■.nnil.rt.,• a-. ► .�.�'•., ,. ,linnir -- r:-- -- ---- Noma -- • -. =Mil 2.21 immuallo or: ausmint •,� Wfr' ��,�,i��``��' _ �� : �� I /11111111/� : s � /I,s � s�iii.�♦ t� �t �• / a..�� t�111t1t1111 r� I11Iii�� 44 ♦iII 41110' F:4....� �,.:1�4�i /1� OMNI ��111111��,- r esogi rr ._ a■- /11 �■ �� 1��.,� j1art.;1 +� ��t iii% t■■ gm -- -. Iltttlli gip.. I ♦ ♦ t1 �. - -r. nr "Pi tttl/l11 0 go ,• 'w ATOM IIIIIIItIt1ariAIII dim :iilllrtlt 111 �I1111r�►�IIIt111111IDpiI= a►s-.3r 1111/1/1 l -E r 11•'1,`x ii. -- • 5122187097 P.15/25 rr1t!!1♦i � +►� 111111 1111111 44;1 �� We::1111 1111111111146"744;14214: 1111 ►�r��Ip ♦��,�� w. �1►�`%• r. r. s/�rrrrury i� 'ss'�;:1n11� ��I1I1ulnIounl► :4 : 11111161-0 =1111111= `! `►�Illltlt j ' �� ^ I11117/thwir;: Ea e� lam. ��,, moon •��'/�IlililtltltllE itAk t'ao, %� 1 111111111111E .' 1Iii• . /it111111t1t1111 i111E -• awing -- r1 i1t11111U1111111 11 IIIn1It11tw:m11111111111111111 111 /NA\ak,.11‘, O. 0 RD 1 I t1/IIr111111//f ll • - _/tatll� m� 11f Ili. r .1111 IN ^de El 41117.!. 0415 0111111 NI N. NI No b. .` Zit cilium1 :sumo ImmalifoiJrii �� • ar1111Vfit Itl1►° �Ii JO •• �I► .. f�num Iltll► ..� 1111()11 11 a ,,►11(1)11 _, . --MINIM 11111►t"� �% ,�� mama :N1A:M1. le ►13t1I1111rr ■■■. ��u11{r1 C i �� •' ■ OS ;dI 11l1 wrle -Ili A��'l'NOW �� 1111111 le 1010. OM i es llik \0li 471' O. iliiuimripv,. t I J * ffan/111110 iii, i11111110,1 II 0111 1�11e MI�` :II :1111. i� �4tt1rtt11nnnN ►5 alUttOrtmUll p��i 43"uu►ttr4tH►rti�,414 10. ��il/t �� i:�11{��itt�11��'� i� ��C/1111■��i.- =~ ssi Mt;_retr{1!1111/rrir^'� 4 12141214 r MA: �� i1►rte ..• W t►�� 111/11111111►1/ r_ Zig ' \I�s� it1ir1111i{11►SIN on: .rte -r r DATE: January 6, 2005 SUBJECT: City Council Meeting - January 13, 2005 ITEM: 10.F.4. Consider a resolution setting date, time and place for a public hearing on the creation of the Forest Creek Drive Public Improvement District. Department: Transportation Services Staff Person: Thomas G. Martin, P. E., Director .justification: A petition regarding the creation and establishment of the Forest Creek Drive PID has been submitted to the City. The staff would like to conduct a public hearing to consider the creation of the PID. Funding: Cost: N/A Source of funds: N/A Outside Resources: Round Rock Ranch, Limited Backctround Information: Forest Creek Drive is a major arterial shown in the City's Transportation Master Plan. The City currently has a project to construct the remaining portions of this facility between Rusk Road and the Lake Forest Subdivision. This project is being funded using 4B Corporation Funds and developer contributions made through Cost Sharing/Development Agreements. However, the portion of this project through Round Rock Ranch is to be paid by means of a PID. The contract for this construction, in the amount of $ $2,969,564.65, was award by the City Council at the August 26, 2004 meeting. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS COUNTY OF WILLIAMSON PETITION FOR ESTABLISHMENT OF FOREST CREEK DRIVE PUBLIC IMPROVEMENT ASSESSMENT DISTRICT TO THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, AND THE MAYOR OF THE CITY OF ROUND ROCK, TEXAS: The undersigned property owner, pursuant to the Public Improvement Assessment Act, Chapter 372.001 et seq., Local Government Code, Vernon's Annot. Civil Statutes, respectfully petition the Mayor and the City Council for the establishment of the Forest Creek Drive Public Improvement Assessment District, and The undersigned property owner is the sole property owner within the area to be included within the proposed district, In support of said petition, Petitioner would show unto the City Council the following: 1. General Nature of Proposed Improvements. The Proposed Improvements shall consist of the construction of proposed Forest Creek Drive running through the real property described in Section 3, below (the "Property"). The reimbursement shall include all cost of materials and labor for two lanes of Forest Creek Drive, the median, sidewalks on each side of Forest Creek Drive, drainage and lighting, but not including engineering and design costs, which will be borne solely by the City. The parties hereto agree that the portion of the cost of Forest Creek Drive paid by the Developer is attributable to the needs of Developer's development. 2. Estimated Costs of Improvements. The estimated costs of the Proposed Improvements are SIX HUNDRED SEVENTY-SEVEN THOUSAND EIGHTY-ONE AND 55/100 DOLLARS ($677,081.55), plus 5.5% simple interest, which includes expenses incurred in the establishment and administration of the R- os -of -i3- roil O:\wdox\C RR\transprt\forestcrkpid\00073122. DOC 7 proposed Improvements. In no event shall the total PID assessment be more than $677,081.55, plus simple interest of 5.5%, except pursuant to the terms and conditions stated in the Development Agreement by and between owner and the City of Round Rock as approved in Resolution No. R -04-08-26-13E1. 3. Boundaries of the Proposed Assessment District. The boundaries of the proposed assessment district are described in Exhibit "A", attached hereto and incorporated herein. 4. Proposed Method of Assessment. An assessment of at least SIX HUNDRED SEVENTY-SEVEN THOUSAND EIGHTY-ONE AND 55/100 DOLLARS ($677,081.55) shall be levied on the Property and shall be paid on a per -acre, pro- rated basis, due seven (7) years after Substantial Completion of Forest Creek Drive through the Property, or at time of plat recordation, whichever first occurs. Substantial Completion shall mean the date on which the Director of Public Works notifies the contractor that the portion of Forest Creek Drive through the Property has been finally accepted. 5. Management of District. The Proposed District shall be managed solely by the City of Round Rock, Texas. 6. Concurrence of the Establishment of the District. The undersigned request and/or concur with the establishment of the Forest Creek Drive Public Improvement Assessment District. 7. Apportionment of Costs The costs of the Proposed Improvements (which may be increased pursuant to the terms and conditions stated in the Development Agreement by and between Round Rock Ranch, Ltd. and the City of Round Rock on the 26th day of August, 2004), shall be borne by the land within the boundaries of the District and the City of Round Rock, Texas. 2. SIGNED this the 1 g day of no✓e•n ger , 2004. Respectfully submitted: ROUND ROCK RANCH, LTD., a Texas limited partnership By: COMMERCE '-OPERT, " , INC., gener-, ep..rtn.,( STATE OF TEXAS § COUNTY OF WILLIAMSON § By: IMMERMAN, President ACKNOWLEDGMENT This instrument was acknowledged before me on this the ig day of 1)dit"bee , 2004, by TIM TIMMERMAN, President of COMMERCE PROPERTIES, INC., general partner of ROUND ROCK RANCH, LTD., a Texas limited partnership. KATHY GREEN MY COMMISSION EXPIRES July 26, 2007 3. Notary Pu•4, c, State of Texas EXHIBIT "A" Being 147.076 acres of land, more or less, out of and a part of the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being more fully described as being all of that certain Tract 3, described in a deed to Round Rock Ranch, Ltd., as recorded in Volume 2418, Page 51 of the Deed Records of Williamson County, Texas. 4. NOV-17-2004 13:16 CITY OF ROUND ROCK 5122187097 P.05/25 RESOLUTION NO. R -04-08-26-13E1 WHEREAS, the City of Round Rock desires to construct Forest Creek Drive running through property owned by Round Rock Ranch, Ltd. ("Developer"), and WHEREAS, the City desires to expeditiously design, engineer and construct Forest Creek Drive, conditioned upon Developer paying the City for a portion of the cost of Forest Creek Drive attributable to its development, and WHEREAS, Developer and the City desire to create a Public Improvement District, pursuant to Article 372 of the Texas Local Government Code, to provide a financing vehicle to partially reimburse the City for costs expended in the construction of Forest Creek Drive through the property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Development Agreement with Round Rock Ranch, Ltd. regarding Forest Creek Drive, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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. oprpeektop\::QDMA/WORLDOX/O:/NOOK/RIOU TI/R40636E1.NpD/oc NOV-17-2004 13:16 CITY OF ROUND ROCK RESOLVED this 26th day of August, 2004. .R. 5122187097 P.06/25 • LL, Mayor ity of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 2 NOV-17-2004 13:16 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 5122187097 P.07/25 § DEVELOPMENT AGREEMENT § WITH ROUND ROCK RANCH, LTD., § A TEXAS LIMITED PARTNERSHIP S REGARDING FOREST CREEK DRIVE This is a DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and ROUND ROCK RANCH, LTD., a Texas limited partnership ("Developer"). WHEREAS, Developer is owner of that certain tract of land being 3.469 acres, more or less, described in Exhibit "A" , attached hereto and incorporated herein (the "Property"), and WHEREAS, City desires to construct Forest Creek Drive, a four -lane, curbed and guttered major arterial road, ("Forest Creek") running through the Property, and WHEREAS, the City desires to expeditiously design, engineer and construct Forest Creek conditioned upon Developer paying City for a portion of the cost of Forest Creek. attributable to its development, and WHEREAS, the Developer and City desire to create a Public Improvement District ("PID"), pursuant to Article 372 of the Texas Local Government Code to provide a financing vehicle to partially reimburse the City for costs expended in the construction of Forest Creek through the Property, NOW THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and Developer hereby agree as follows: A. PURPOSE 1. The purpose of this Agreement is to provide for the reimbursement to the City for a portion of the cost of construction of Forest Creek running through the Property. The reimbursement shall include all cost of materials and labor for two lanes of Forest Creek, the median, sidewalks on each side of Forest Creek, drainage and lighting, but not including engineering and design costs, which will be borne solely by the City. The parties hereto agree that the portion of the cost of Forest Creek paid by the Developer is attributable to the needs of Developer's development. NOV-17-2004 13:16 CITY OF ROUND ROCK 5122187097 P.08/25 B. GENERAL TERMS AND CONDITIONS 1. The Developer will submit a petition to the City requesting the creation of a public improvement district pursuant to Article 372 of the Texas Local Government Code within 14 days after the approval of this Agreement by the City. C. 2. After receipt of said petition, the City will consider the creation of a public improvement district, after conducting a public hearing regarding the same, pursuant to Article 372, of the Texas Local Government Code. 3. City and Developer agree that an assessment of SIX HUNDRED AND SEVENTY-SEVEN THOUSAND EIGHTY-ONE AND 55/100 DOLLARS ($677,081.55) shall be levied on real property described in Exhibit "B", attached hereto and incorporated herein, save and except the 3.468 acres described in Exhibit "A", and shall be paid on a per -acre, pro -rated basis, due seven (7) years after Substantial Completion of Forest Creek Blvd. through the Property, or at time of plat recordation, whichever first occurs. Substantial Completion shall mean the date of which the Director of Public Works notifies the contractor that the portion of Forest Creek through the Property has been finally accepted. Any cost over -runs shall be shared by the Developer and the City based on the following ratio: 50%- Developer, 50%- City. Any cost over -runs shall be paid by Developer within ten (10) working days after Developer receives written notification that said payment is due. 4. Developer further agrees that simple interest at a rate of five and one half (5.5%) percent shall be paid on the outstanding balance. 5. Developers shall dedicate all necessary right-of-way and related easements for Forest Creek Boulevard upon request of City. 6. By signing this Development Agreement, Developer acknowledges that ($677,081.55) is owed to the City by Developer, his successors and assigns, as consideration for the costs of the project described herein, and that this Agreement and the PID assessment shall be filed of record with Williamson County Official Records. NIISCELLANEOUS PROVISIONS 1. Actions Performable. The City and the Developer agree that all actions to be performed under this Agreement are performable in Williamson County, Texas. 2. Governing Law. The City and Developer agree that this Agreetnent has been made under thelaws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. 2 NOV-17-2004 13:17 CITY OF ROUND ROCK 5122187097 P.09/25 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or and delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City of Round Rock 221 Bast Main Round Rock, Texas 78664 Attn: Director of Planning Phone: (512) 218-5420 With copies to: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Phone: (512) 255-8877 Developer: ROUND ROCK RANCID, LTD. c/o Tim Timmerman P.O. Box 163061 Austin, Texas 78716 7. Force Majeure. Developer and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. 8. Assignment. This Agreement may be assigned by the Developer only with the prior written approval of the City. 9. ,Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Developer, respectively. 3 NOV-17-2004 13:17 • CITY OF ROUND ROCK SIGNED as of this day of lag 2004 5122187097 P.10/25 ROUND ROCK RANCH, LTD., a Texas limited partnership CITY OF ROUND ROCK By; NYLE MAXWELL, Mayor ATTEST: Christine R. Martinez, City Secretary STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this theX day of _ . , 2004, by TIM TIMMERMAN, President of COMMERCE PROPERTIES, INC., general {= u' er of ROUND ROCK RANCH, LTD., a Texas limited partnership. tAJ Notary Publ State of Texas 4 MEGAN RYAN O'NEAL NotaryPublic, State of Tom My Carrnission Ems APrN 20.2008 NOV-17-2004 13:17 CITY OF ROUND ROCK 5122187097 P.11/25 STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the _ day of , 2004, by NYLE MAXWELL, a person know to me, in his capacity as Mayor of the City of Round Rock, Texas, a Texas home rule municipal corporation, on behalf of said municipality. After recording, return to: Charles Crossfield Sheets & Crossfield 309 East Main Round Rock, Texas 78664 5 Notary Public, State of Texas .NOV-17-2004 13: 17 CITY OF ROUND ROCK AUSTIN SURVEYORS • P.O. BOX 140743 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 4544605 Accompanimept for plat 1043-imachP FIELD NOTES FOR 3.469 ACRES 5122187097 P.12/25 AU that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 147.076 acre tract of land, designated as Tract 3, in a deed to Round Rock Ranch Ltd. recorded in Volume 2418, Page 51o£ the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found in an angle point of the above mentioned Tract 3 for the South comer of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed recorded as Document No. 2000006061 and the West comer of a 9.550 acre tract of land conveyed to C.F. Ertz by deed recorded as Document No_ 9621999 of the Official Records of Williamson County; Texas, and the East corner of this tract.. • THENCE S 89°29'37"W 4.26 feet to an iron pin set in the PC of a curve to the left said curare having a radius of 1350.00 feet and a central angle of 14°54'37". ; THENCE with the arc of the said curve 351.32 feet the long chord of which bears • S 80°20'57" W 350.32 to an iron pin set for the PT of the said curve. THENCE S 27°09'37"W 28.13 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1330.00 feet and a central angle of 16°09'13". THENCE with the arc of the said curve 374.97 feet the long chord of which bears S 63°58'17" W 373.73 to an iron pin set for the PT ofthe said curve. THENCE S 77°27151"W 52.04 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1350.00 feet and a central angle of 01°20'15".. THENCE with the arc of' the said curve 31.52 feet the long chord of which bears S 53°10'17" W 31.51 to an iron•pin set for the PT of the said curve. THENCE S 52°30'09" W 565.80 feet to an iron pin set on the Northeast line of a 41.153 acre tract of land conveyed to the State of Texas by deed recorded in Volume 1970, Page 515 of the Deed Records of Williamson County, Texas for the South corner of this tract. THENCE N 51°44'46" W with the Northeast line of the above mentioned 41.153 acre tract . ; 103.17 feet to an iron pini set for the West comer of this tract. THENCE N 52°30'09" E 591.20 feet to an iron pin set in the PC of a curve to the right said • curve having a radius of 1450.00 feet and a central angle of 34°32'39". THENCE with the arc of the said curve 874.22 feet the sub -chord of which bears N 69°46'29" E 861.04 feet to an iron pin set on the Northeast line of the said Tract 3 and the South corner ofthe above mentioned 8.856 acre tract for the North corner of this tract. �X111$I T `IV .NOV-17-2004 13:18 4 3.469 ACRES • CITY OF ROUND ROCK 5122187097 P.13/25 PAGE 2 OF 2 THENCE S 04°29'45" E with the Northeast line of the said Tract 3 52.66 feet to an iron pia found for an angle point of this tract. THENCE S 26°24'58" E 51.96 feet to the POINT OF BEGINNING containing 3.469 acres of land, more o Iess. 1,Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2001 and are correct to the best of my knowledge and belief. 'These field notes were prepared for a transfer of title from Round Rock Ranch, Ltd. to The City of Round Rock Any use of this description by any person for any other purpose is expressly prohibited. Claude`F. Hinkle, Jr. R..P.L.S. No. 4629 /O Del Q3 Date 1043.doc