R-02-10-24-11D1 - 10/24/2002 RESOLUTION NO. R-02-10-24-11D1
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A. ,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with Williamson County to identify the government
responsible for regulating plats and permits in various portions of
Round Rock' s ETJ, 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 said Interlocal Agreement, 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.
RESOLVED this 24th day of October, 2 IX
NYL LL, Mayor
A ST: City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
::ODMA\WORLDOX\0:\WDOX\RESOLUTI\R21024D1.WPD/sc
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into and in accordance
with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government
Code and House Bill 1445 ("H.B. 1445"), enacted by the Texas Legislature during its
77th Legislative Session by and between the CITY OF ROUND ROCK,TEXAS ("City"),
a political subdivision of the State of Texas, and the COUNTY OF WILLIAMSON,
TEXAS ("County"), also a political subdivision of the State of Texas.
WHEREAS, The Interlocal Cooperation Act allows local governments to contract with
one another to perform governmental functions and services; and
WHEREAS, City and County mutually desire to be subject to the provisions of the Texas
Government Code, Chapter 791, the Interlocal Cooperation Act, specifically§ 791.011
regarding contracts to perform governmental functions and services; and
WHEREAS, H.B. 1445 requires City and. County to enter into a written agreement that
identifies the governmental entity authorized to regulate subdivision plats and approve
related permits in the extraterritorial jurisdiction("ETJ")of City; and
WHEREAS, H.B. 1445 allows City and County to agree that City may be granted
exclusive jurisdiction to regulate subdivision plats and approve related permits in the ETJ
and may regulate subdivisions under Chapter 212 of the Texas Local Government Code
and other statutes applicable to municipalities; and
WHEREAS,both City and County desire that City be granted such exclusive jurisdiction
to regulate subdivision plats and approve related permits in City's ETJ, all of which
provided for in the Interlocal Cooperation Act and H.B. 1445; and
1. Granted Exclusive Jurisdiction. City shall be granted exclusive jurisdiction to
regulate all subdivision plats and approve all related permits in City's ETJ, except
for property described in Exhibit A attached hereto and may regulate subdivision
under Subchapter A of Chapter 212 of the Texas Local Government Code and
other statues applicable to municipalities, and County shall no longer exercise any
of these functions in City's ETJ except for property described in Exhibit A
attached hereto. City intends to annex all of the land within its ETJ in Williamson
County at such time as the City determines it is able to provide required services
and the land meets statutory requirements for annexation. City agrees to
commence annexation of any land included within an approved final plat for
which the final plat application is filed after January 1, 2003, if that land is
contiguous to existing city limits and may otherwise be annexed by the City in
compliance with all applicable laws.
EXHIBIT
a
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2. County Granted Exclusive Jurisdiction. County shall be granted exclusive
jurisdiction to regulate all subdivision plats and approve all related permits in
those portions of the City's ETJ described in Exhibit A attached hereto and may
regulate subdivision under Subchapter A of Chapter 232 of the Texas Local
Government Code and other statues applicable to municipalities and City shall no
longer exercise any of these functions in those portions of the City's ETJ
described in Exhibit A attached hereto.
3. Plat Notes. City agrees to include the specific plat notes contained in Exhibit B
attached hereto, on plats approved within the ETJ which will not be annexed in
accordance with Paragraph 1 of this agreement.
4. ETJ Expansion or Reduction. Should City expand or reduce its ETJ in the
County, City shall promptly notify county of such expansion or reduction so that
this Agreement may be amended to take into account the expansion or reduction
of the City's ETJ. In event that City's ETJ should expand or reduce such that the
expansion or reduction of ETJ necessitates the amendment of this Agreement,
both City and County agree that City shall continue to be granted exclusive
jurisdiction to regulate subdivision plats and approve related permits in its ETJ
(subject to the terms and conditions of this Agreement), and to regulate
subdivisions under Chapter 212 of the Texas Local Government Code and other
statutes applicable to municipalities,until this Agreement is amended to take into
account such ETJ expansion or reduction.
5. Notice to County of Plat Applications and Approvals. City shall provide a copy of
each application for a preliminary plan or a final plat to subdivide land in its ETJ
in the County in accordance with the City plat review cycle where an application
is accepted for filing. County shall identify issues of concern that may affect the
County's interests in roads, drainage facilities, environmental impacts, and other
areas in writing to City in accordance with the City plat review cycle. Prior to
approval by the City, the City shall consider suggested changes submitted in
writing by the County. After an application is approved by the City, City shall
forward a copy of the approved preliminary plan or final plat to the County no
later than ten business days after the approval date.
6. Compliance with Roadway Plan: City agrees to comply with roadway plans as
adopted in the Williamson County Multi-corridor Transportation Plan or its
amendments and County agrees to comply with roadway plans adopted by City.
The City and County agree to not interfere with one another's ability to construct
public roads. Should any conflict arise between the two jurisdictions regarding
adopted roadway plans, both parties agree to fully cooperate in order to reconcile
the conflicts.
2
7. Warranty Bond: City agrees to include Williamson County as a joint obligee on
all warranty bonds filed with the City for the purpose of insuring that roads are
free from defects in materials and workmanship and notify Williamson County
upon completion of improvements for the purpose of providing for County
inspection of said improvements prior to acceptance of said improvements for
maintenance by the County.
8. Miscellaneous.
This Agreement expresses the entire agreement between the parties hereto
regarding the subject matter contained herein and may not be modified or
amended except by written agreement duly executed by both parties. Either party
may request to renegotiate this Agreement at anytime.
a. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
b. This Agreement shall be constructed in accordance with the laws of
the State of Texas and venue for all purposes hereunder shall be in
Williamson County,Texas.
C. If any provision hereof is determined by any court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision shall
be fully severable here to from and this Agreement shall be
constructed and enforced, as if such invalid, illegal or unenforceable
provision never comprised a part hereof; and the remaining provisions
shall continue in full force and effect.
d. The Agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither City nor County waives any
immunity or defense that would otherwise be available to it against
claims by third parties.
e. This Agreement shall be effective as of November January 1,2003.
f. This Agreement shall be subject to review and revision one year after
approval by the parties.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF ROUND ROCK,
TEXAS, in its meeting held on day of , 2002, and
executed by its authorized representative.
3
CITY OF ROUND ROCK,TEXAS
By:
NYLE MAXWELL, Mayor
ATTEST:
CHRISTINE MARTINEZ, City Secretary
APPROVED BY THE COMMISSIONS' COURT FOR WILLIAMSON
COUNTY, TEXAS, in its meeting held on the day of
2002,and executed by its authorized representative.
WILLIAMSON COUNTY
By:
JOHN DOERFLER,
County Judge
ATTEST:
JANE TABLERIOU
4
EXHIBIT A
TO
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY, TEXAS
Jurisdiction over the platting and subdivision of the following lands which lie
within the City of Round Rock's ETJ and located within Williamson County, Texas
shall be granted to Williamson County:
1. Lands within the Brushy Creek Municipal Utility District.
2. Lands within the Fern Bluff Municipal Utility District.
3. Lands within the Terravista Municipal Utility District.
4. 93.696 acres out of the Robert McNutt Survey, A-422 described in the
metes and bounds description attached hereto as Exhibit A-1.
5. 15.00 acres out of the J. N. Randall Survey, A-53 described in the
metes and bounds description attached hereto as Exhibit A-2.
O:\wdox\CO RR\gnl\inter l 44\00035855.DOC
K.C. ENGINEERING, INC.
K AUS11N • TAYLOR • MARBLE FALLS
C 1801 SOUTH MOPAC EXPRESSWAY.SUITE 160
9 b 6 -AUSTIN.TEXAS 78746
OFFICE-612AW8686 FAX512.3309M t
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EXHIBIT A-1
METES AND BOUNDS DESCRIPTION
BEING 93.696 ACRES OF LAND, SURVEYED BY KC. ENGINEERING, M.,
OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 IN
WILLIAMSON COUNTY,TEXAS AND BEING ALL OF A CALLED 85 700 ACRE
TRACT AND ALL OF A CALLED 4.00 ACRE TRACT, BOTH DESCRIBED IN
WARRANTY DEED WITH VENDOR'S LIEN TO ENERGY SMART HOMES,INC.,
A TEXAS CORPORATION OF RECORD IN DOCUMENT NO. 2001046134 OF
THE OFFICIAL PUBLIC REOORDS OF WILLIAMSON COUNTY, TEXAS AND
ALL OF A CALLED 4.001 ACRE TRACT DEQ IN WARRANTY DEED
WITH VENDOR'S LIEN TO SANDRA J.BACK OF RECORD W DOCUMENT NO.
2001046130 OF THE OFFICIAL PUBLIC RECORDS OF W 11AMSON COUNTY,
TEXAS, AND BEING MORE PARTKXXARLY DEED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 112'rebar found in the north fine of Lot 1,Block E of Garden Park
Section One,a subdivision of woocd in Cabinet E,Slide 277 of the Plat RAeoords of
Wrltiamson County,Texas for the southeast coma'of the said 85.700 acres and the
souahtirest comer of the said 4.00 acre haat from which a 318"rebar found In to
west dgW-of-ray line of Green Pastes Drive(50'ROW)for the northeast corner of
said-Lot 1 bears Norah 88°50'12'Eetstaarstanoe of 68.10 feet;
THENCE with the south.line of the.85.700 acres and the north rine of Block E of
Garden Park Section One the following two(2)courses; =
1. South 88°50'1r West a rtstanw of 113.02 feet to-a 1/r rebar found for an
angle point In the north line of Lot 2 of Block E of Garden Park Section One;
2. South 88°4672'west passing a 318•rebar found for the northwest comer
of said Lot 2 at a distance of 24.90 feet(record South 88.4556"West,
24.87 feet), passing a 3V rebar found for the =11 west comer of Lot 9
and the northeast comer of Lot 10 at a distanoe of 745.79.feet (record
South 88'4556'West,745.89 feet)and continuing for a Notal distance of
859.80 feet(record South 88°45'56"West,859.92 feet)to a 1/2 Inch rebar
with plastic cap set In the west fine of a called 124.63 acre tract of land
descrbed in deed to August Krueger of record in Volume 411, Page 362
of the Deed Records of Williamson County, Texas for the southwest
comer of the 85.700 acres and the northwest comer of Lot 10;
IARyaw WdgeIFN0TM810102.doc Page 1 of 3
THENCE North 01°062V West (bearing basis) with the west One of the 85.700
ages and the east fine of file said 124.63 acres a distance of 289422 feet(record-
North 01'06252 West,2892.89 Meet)to a 1/2"rebar found for the norttwrest comer
d the 85.700 acres and the souOrMest comer of a called 50.297 acre had of land
descnbed in deed to Marilyn J.Rosenblad of record in Vdume 2566, Page 893 of
the Official Records of Williamson County,Texas from which a 1fZ'rebar found for
the northwest comer of the said 50.297 acres bears North 01"0773' West a
distance d 467.91 feet(record-North 01`W 25'West,467.77 feet): .
THENCE North 89001'13"East with the north fine the 85.700 acres and the south
One of do 50.297 acres a distance of 1403.15 feet(record-South 89V2W East,
140321 feel)to 112"rebar found for the northeast corner of the 85.700 acres in the
west One of a called 148 acre Tract of land described in deed to J.B.Pace and wife
Beulah B. Pace of record in Volurne 526, Page 648 of the Deed RMords of
WMarnson County,Texas frau which a 112"rebar found for an angle poirt in the
south One of the 50.297 acnes for the northwest comer of the said 148 acres beaus
North 01'18'01'West a drsWm d 25.01 feet (record - Month 01036'20' West,
25.04feeQ;
THENCE South 0103700'East with the east One of the 85.700 acres and the west
One of the said 148 aces a distance of 131267 feet(record-South 010362V East,
1312.76 fiseq to a 112'n bar hound for an aroe point in the east One of the 85.700
acres for the southwest comer of the 148 acres and the rardvwest comer of a
calved 180 acre tract of land described In Vohrme 24, Page 419 of the Deed
Records of Mmmson Cou rty,Texas;
THENCE South 01°02'11'East with the west One of the 85.700 acres and the east
One of the 180 acres a distance of 783.73 feet (record.-Soutar 01002W East,
783.89 to a 1/2,rebar found for the no rttmrest comer of the saki 4.00 acres;
THENCE South 0100121' East with the west One.of the 4.00 ages and the east
One of-the 180 acnes a drstanoe of 99.95 feet(record—SoufL 100.0 feet)to a 112"
mbar found for the northeast comer of the said 4.001 acres;
THENCE.South 01'0121'East with the east fine of the 4.001 acres and the west
One of the 180 ages a distance of 69246 feet (record -South 01'00'23' East,
69244_ to a 112'rebar found for the southeast comer of the 4.001 acres and
the northeast comer d Lot 31,Block OX of the said Garden Parc Section One from
which a 3/8" rebar found for the southeast comer of said Lot 31 bears South
OW4817' East a distance of 10023 feet (record South 00055W East, 100 o0
foo;
THENCE South 863°50'12'West with the south One of the 4.001 acres and the north
One d Lot 31 a distance of 251.78 feet (record —South 88°49'29"West, 251.71
feet) to a 1120 rebar found for the souttnnrest corner of the 4.001 aces and the
southeast comer of the 4.00 acres,
I-Wyam RidgelPNOrIESM10102.doc Page 2 of 3
THENCE South 88'50'12'West with the south fine of the 4.00 aces,the north fine
of Lot 31,'the north terminus of Green Pasture Detre (50' W—of%W), and the
north One of Lot 1.Block`E'.passing a rebar found for-the norb est comer of Lot
31 at a distance of 69.98 feet,passing a rebar found for the northeast comer of Lot
1 at a distance of 119.98 feet, and continuing for a total distanoe of 188.08 feet
(record-South 89-W West, 187.97 feet)to the POINT OF BEGINNING.
This parcel contains 93.696 acres of land, more or less,out of the Robert McNutt
Survey In Williamson County,Texas. Description prepared from an on4heoround
survey made during June, 2002. AN bearings are based on the west One of the
85.700 acus(North 01°06'25'West).
David R Hadman
Registered Professional Land Surveyor
State of Texas No.5264
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EXHIBIT ,A-2
BRING a 15.00-acre tract of land situated in the J- N• Randall Surrey, Abstract No. 533.,
Williamson Covnty, Texas, and being a part of that certain 100-acre tract of land conveyed
by deed to Malcolm MaCliuchie as recorded in Volume 564, Page 167, Dead Records of V'11-
1amsou County, Texas. Surveyed on the ground in the month of Augusto 1977 by R. T. Magness#
Jr., Registered Professional. Engineer, and-being more particularly described as tollpus:
BM01NNING at an iron pin found in the North line of County Road No. 168 (Gattis School
Road) marking the Ss E- Corner of said 100-acre tract for the S. V, corner hereof;
THENCE N 8990 31, V,-766.99 feet with said North lied of County Road No. 168 to e,n.iron
Win set marking the 9.W. corner hereof]•. .
TSEtiCE B 02° a7' $j 89.29 feet to an iroe► pia'set fox the N.W. cox'aer hereof;
THENCE 8890 ,31, Es 736.92 Beet to an iron pin met in the East 11w of said 100-acre
tract for the N.E. corner hereof)
TMCE g poo 08• K, 868.95 feet with said East line to the Plass of BBGIMX i0 avd con-
tatning 15.00 acres of 1a A' .
EXHIBIT B
TO
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK,TEXAS AND WILLIAMSON COUNTY,TEXAS
The following plat notes shall be included on all plats that lie outside of the city limits of Round
Rock, Texas but lie within portions of the Round Rock extraterritorial jurisdiction (ETJ) and
within Williamson County, Texas.
1. Rights of way or easements for widening roadways or improving drainage shall be
maintained by the landowner until road or drainage improvements are actually
constructed on the property. The County has the right at any time to take possession
of any road widening easement for the construction, improvement or maintenance of
the adjacent road.
The landowner assumes all risks associated with improvements located in the right-
of-way or road widening easements. By placing anything in the right-of-way or road
widening easements, the landowner shall indemnify and hold the County, its officers,
and employees harmless from any liability owing to property defects or negligence
not attributable to the County, its officers, and employees and acknowledges that the
improvements may be removed by the County and that the owner of the improvement
will be responsible for the relocation and/or replacement of the improvement.
2. The construction of all streets, roads, and other public thoroughfares and any bridges
or culverts necessary to be constructed or placed is the responsibility of the owners of
the property covered by this plat in accordance with the plans and specifications
prescribed by the Commissioners' Court of Williamson County, Texas. Said
Commissioners' Court assumes no obligation to build any of the streets, roads, or
other public thoroughfares shown on this plat or of constructing any of the bridges or
drainage improvements in connection therewith. The County will assume no
responsibility for drainage ways or easements in the subdivision, other than those
draining or protecting the road system and streets.
The County assumes no responsibility for the accuracy of representation by other
parties in this plat. Flood plain data, in particular, may change depending on
subsequent development. It is further understood that the owners of the tract of land
covered by this plat must install at their own expense all traffic control devices and
signage that may be required before the streets in the subdivision have finally been
accepted for maintenance by the County.
O:\wdox\coir\gnt,inter 144\00035854.DOC
3. All public roadways, rights-of-way and easements shown on this plat are free of
liens.
4. Where rural mail boxes are in use, such boxes shall be set three feet from the edge of
the pavement or behind curbs, when used. All mailboxes within county arterial right-
of-way shall meet the current TXDOT standards. Any mailbox that does not meet
this requirement may be removed.
2
DATE: October 18, 2002
SUBJECT: City Council Meeting—October 24, 2002
ITEM: I I.D.1. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with Williamson County to identify the government
responsible for regulating plats and permits in various portions of
Round Rock's extraterritorial jurisdiction (ETJ).
Resource: Joe Vining, Planning Director
History: House Bill 1445 (Interlocal Cooperation Act)requires the City and County to enter into a
written agreement that identifies the governmental entity authorized to regulate
subdivision plats in the ETJ. The proposed agreement would assign platting authority
within the City of Round Rock ETJ to the City except for four(4) locations identified in
Exhibit"A". Platting authority in these four(4) locations would be assigned to the
County. In addition Exhibit`B"identifies specific plat notes that the City agrees to
require on plats that will not be immediately annexed to address County issues.
Funding
Cost: N/A
Source of Funds:N/A
Outside Resources: Joe England, County Engineer
Impact: Addresses state requirements.
Benefit: Reduces overall review time for development in the ETJ.
Public Comment: None required.
Sponsor: Planning and Community Development Department
EXECUTED
DOCUMENT
FOLLOWS
t
12/17/2002 Page 147
AGENDA ITEM 21
Discuss and consider adopting an interlocal agreement between the City of Round Rock and Williamson
County, in accordance with House Bill 1445.
Moved: Commissioner Heiligenstein
Seconded: Commissioner Boatright
Motion: To adopt an interlocal agreement between the City of Round Rock and Williamson County in
accordance with House Bill 1445.
Vote: 5 - 0
<Attachment>
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1
# 12/17/2002 Page 148
3
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into and in accordance
with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government
Code and House Bill 1445 ("H.B. 1445"), enacted by the Texas Legislature during its
77''Legislative Session by and between the CITY OF ROUND ROCK,TEXAS ("City"),
a political subdivision of the State of Texas, and the COUNTY OF WILLIAMSON,
TEXAS ("County"), also a political subdivision of the State of Texas.
WHEREAS, The Interlocal Cooperation Act allows local governments to contract with
one another to perform governmental functions and services; and
WHEREAS, City and County mutually desire to be subject to the provisions of the Texas
Government Code, Chapter 791, the Interlocal Cooperation Act, specifically§ 791.011
regarding contracts to perform governmental functions and services; and
WHEREAS, H.B. 1445 requires City and County to enter into a written agreement that
identifies the governmental entity authorized to regulate subdivision plats and approve
related permits in the extraterritorial jurisdiction("ETT')of City; and
WHEREAS, H.B. 1445 allows City and County to agree that City may be granted
exclusive jurisdiction to regulate subdivision plats and approve related permits in the ETJ
and may regulate subdivisions under Chapter 212.of the Texas Local Government Code
and other statutes applicable to municipalities; and
WHEREAS, both City and County desire that City be granted such exclusive jurisdiction
to regulate subdivision plats and approve related permits in City's ETJ, all of which
provided for in the Interlocal Cooperation Act and H.B. 1445; and
1. Granted Exclusive Jurisdiction. City shall be granted exclusive jurisdiction to
regulate all subdivision plats and approve all related permits in City's ETJ,except
for property described in Exhibit A attached hereto and may regulate subdivision
under Subchapter A of Chapter 212 of the Texas Local Government Code and
other statues applicable to municipalities, and County shall no longer exercise any
of these functions in City's ETJ except for property described in Exhibit A
attached hereto. City intends to annex all of the land within its ETJ in Williamson
County at such time as the City determines it is able to provide required services
and the land meets statutory requirements for annexation. City agrees to
commence annexation of any land included within an approved final plat for
which the final plat application is filed after January 1, 2003, if that land is
contiguous to existing city limits and may otherwise be annexed by the City in
compliance with all applicable laws.
CERTIFIED M IE ATRUE ANG
OORRE TCOP'Y
NkWLW7WMft0Wk
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O � I
12/17/2002 Page 149
1.
2. County Gianted Exclusive Jurisdiction. County shall be granted exclusive
jurisdiction to regulate all subdivision plats and approve all related permits in
those portions of the City's ETJ described in Exhibit A attached hereto and may
regulate subdivision under Subchapter A of Chapter 232 of the Texas Local
Government Code and other statues applicable to municipalities and City shall no
longer exercise any of these functions in those portions of the City's ETJ
described in Exhibit A attached hereto.
3. Plat Notes. City agrees to include the specific plat notes contained in Exhibit B
attached hereto, on plats approved within the ETJ which will not be annexed in
accordance with Paragraph 1 of this agreement.
4. ETJ Expansion or Reduction. Should City expand or reduce its ETJ in the
County, City shall promptly notify county of such expansion or reduction so that
this Agreement may be amended to take into account the expansion or reduction
of the City's ETJ. In event that City's ETJ should expand or reduce such that the
expansion-or reduction of ETJ necessitates the amendment of this Agreement,
both City and County agree that City shall continue to be granted exclusive
jurisdiction to regulate subdivision plats and approve related permits in its ETJ
(subject to the terms and conditions of this Agreement), and to regulate
subdivisions under Chapter 212 of the Texas Local Government Code and other
statutes applicable to municipalities, until this Agreement is amended to take into
account such ETJ expansion or reduction.
5. Notice to County of Plat Applications and Approvals. City shall provide a copy of
each application for a preliminary plan or a final plat to subdivide land in its ETJ
in the County in accordance with the City plat review cycle where an application
is accepted for filing. County shall identify issues of concern that may affect the
County's interests in roads, drainage facilities, environmental impacts, and other
areas in writing to City in accordance with the City plat review cycle. Prior to
approval by the City, the City shall consider suggested changes submitted in
writing by the County. After an application is approved by the City, City shall
forward a copy of the approved preliminary plan or final plat to the County no
later than ten business days after the approval date.
6. Compliance with Roadway Plan: City agrees to comply with roadway plans as
adopted in the Williamson County Multi-corridor Transportation Plan or its
amendments and County agrees to comply with roadway plans adopted by City.
The City and County agree to not interfere with one another's ability to construct
public roads. Should any conflict arise between the two jurisdictions regarding
adopted roadway plans, both parties agree to fully cooperate in order to_reconcile
the conflicts.
CES ATRUEAND
CORFWrININt -M Goer
2 3 �
12/17/2002 Page 150
7. Warranty Bond: City agrees to include Williamson County as a joint obligee on
all warranty bonds filed with the City for the purpose of insuring that roads-are
free from defects in materials and workmanship and notify Williamson County
upon completion of improvements for the purpose of providing for County
inspection of said improvements prior to acceptance of said improvements for
maintenance by the County.
8. Miscellaneous.
This Agreement expresses the entire agreement between the parties hereto
regarding the subject matter contained herein and may not be modified or
amended except by written agreement duly executed by both parties. Either party
may request to renegotiate this Agreement at anytime.
a. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
b. This Agreement shall be constructed in accordance with the laws of
the State of Texas and venue for all purposes hereunder shall be in
Williamson County,Texas.
C. If any provision hereof is determined by any court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision shall
be fully severable here to from and this Agreement shall be
constructed and enforced, as if such invalid, illegal or unenforceable
provision never comprised a part hereof; and the remaining provisions
shall continue in full force and effect.
d. The Agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither City nor County waives any
immunity or defense that would otherwise be available to it against
claims by third parties. _
e. This Agreement shall be effective as of November January 1, 2003.
f. This Agreement shall be subject to review and revision one year after
approval by the parties.
APPROVED BY THE CITY COUNCI FOR THE CITY OF ROUND ROCK,
TEXAS, in its meeting held on day of Q',rQ66o6, 2002, and
executed by its authorized representative. _
GEMMEDTO BE ATRUE AND
CORRECT OOPY
-- —
t
Oou�ICNIk3 page0
12/17/2002 Page 151
CITY OF ROUND ROCK,TEXAS
By: )A
E MINWELL,Mayor
A ST:
CHRISTINE MARTINEZ, City Secretary
APPROVED BY THE COMMISSIONS' COURT FOR WILLIAMSON
COUNTY, TEXAS, in its meeting held on the I'1 day of
1ieccv%w-m ,2002, and executed by its authorized representative.
WILLIAMSON COUNTY
By: e. " ' , )2-17-62,
JOHN DOERFLE
County Judge
ATTEST:
JANVABLERIOU
CO RECCT�Al1�IJEA1�
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12/17/2002 Page 152
EXHIBIT A
TO
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY, TEXAS
Jurisdiction over the platting and subdivision of the following lands which lie
within the City of Round Rock's ETJ and located within Williamson County, Texas
shall be granted to Williamson County:
1. Lands within the Brushy Creek Municipal Utility District.
2. Lands within the Fern Bluff Municipal Utility District.
3. Lands within the Terravista Municipal Utility District.
4. 93.696 acres out of the Robert McNutt Survey, A-422 described in the
metes and bounds description attached hereto as Exhibit A-1.
5. 15.00 acres out of the J. N. Randall Survey, A-53 described in the
metes and bounds description attached hereto as Exhibit A-2.
CERTIFIED TO OOOPY ATRUE AND
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I� AMM • TAYLOR • LUMM E FALLS
C '1601 SOUTH loom awfwav 1L SUITE tsa
• .Arr5T1N.TEXAS 75716
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EXHIBIT A-1
METES AND BOUNDS DESCRIPTION
BEING 93.696 ACRES OF LAND, SURVEYED BY KC ENGINEERING, INC.,
OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 IN
WLWAMSON COUNTY,TEXAS AND BEING ALL OF A CALLED 85.700 ACRE
TRACT AND ALL OF A CALIEI) 4.00 ACRE TRAGI. BOTH DESCRIBED IN
WARRANTY DEED WLTH VENDORS LIEN TO ENERGY SMART HOMES,M
A TEXAS CORPORATION OF RECORD.IN DOCUMENT NO. 2001046134 OF
THE OFFICIAL_ PUBLIC REOORDS OF WIWAMSON COUNTY, TD= AND
ALL OF A CALLED 4AM ACRE TRACT DESCRIBED-IN WARRANTY DEED
WITH VENDORS LIEN TO SANDRA J.BACK OF RECORD IN DOCLI MENT NO.
2001046130 OF THE OFFICIAL PUBLIC RECORDS OF WIL LMASON COUNTY,
TEXAS; AND 13EM MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/r rebarfound In the north Erle d Lot 1.Blo&E of Garden Park
Section One,a s bbbion of woord in Cabinet E,Side 277 of the PNaf Records of -
WMa myon County,Texas for the southeast oornw of the said 8.5.7100 awes and the
southwest comer of to said 4.00 acre tract from which a 318"mbar found In the
Wiest rigfrt
4W-S"Green Pasture Drive(50'ROW)for the northeast comer of
said.Lot i bears North 88°50'1r East a distance of 68.10 feet;
•THENC.E-with the souk ire of the.85.700 acres and the north be of Block E of
Garden Park Section One the blowing two(2)courses: =
1. South 88°5air West a dlstaince of 113.02 feet kra 1/T aster found for an
angle point In to north line of Lot 2 of Bock E of Garden Park Section One;
2. South W46W West passing a 3Ar mbar found for the northwest comer
of said Lot 2 at a distance of 24.90 feet(record South 88.46'56"west,
24.87 feet), passing a 3ff rebar found for the northwest comer of Lot 9
and the northeast comer of Lot 10 at a dlstanoe of 745.79 feet (record
South 88045W West;745.89 feet)and continuing for a total distance of
859.80 feet(record South 88.45'56'West.859.92 feet)to a 1/2 Inch rebar
with plastic cap set In the west Ilne of a called 124.63 acre tract of Nand
desalted In deed to August Krueger of record In Volurne 411, Page 362 ,
. of the Deed Records of Williamson County, Texas for the southwest
comer of the 85.700 acres and the northwest comer of Lot 10;
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THENCE North 01'06"26' West (beaming basis) with the west me d the 86.700
acres and the east rine d the said 12463 acres a dstarnoe d289422 feet(record-
North 01'0625`West,289269 feet)Io a U2'rebar farad for the rarltwrest comer
d the 85.700 saes and the southwest comer of a called 50.297 acre bad of land
described in deed to Marilyn J.Rosertkid of record In Volume 2566, Page 893 of
the OWN Records of Williamson County,Texas from which a 1/2'rebar found for
the northwest comer d the said 50297 acres bears North 01*01 West a
destanoe of 467.91 feet(record-North 01.0625`West,467.77 fOt,
THENCE North OMIT East with the north rune the 85.700 acres and the south
rine of the 50.297 saes a dstaunce d 1403.15 feet(record-South 89°0200`East,
140321 fe"Io U2"rebar found for the nod heart comer of the 85.700 saes in the
west line d a called 148 acre tract of land described in deed to J.B.Pace and wtie .
Beulah B. Pace of record in Volume 526, Page 648 of the Deed Records of
Maunson County,Texas from which a U2 rabar found for an angle point in the
soulh rine d the 50297 acres for the nodywest corner of the said 148 sores bears
Nodh 016=1'West a distance d 25.01 feet (nxxxd - North 01036W West,
25.04feet);
THENCE South 0103700r East with the east tine of the 85.700 acres and the west
ine of the said 148 aces a distance of 1312.67 feet(record-South 01036W East,
131276 feet]to a Ur reborn found for an angle point In the east rine d to 85.700
awes for the soudw ed comer of the 148 acres and the northwest comer of a
called 180 acre tract of land desabed In Volume 24, Page 419 of the Deed
Records d Marnson County,To=
THENCE South 01°0211'East with the west rune of the M700 acres and the east
line d the 180 acres a dasknco of 783.73 feet(record.-South 01'02W East,
783.89 Io a 1W rebarfaatd forte northo est oorrw of fie said 4.00 saes;
THENCE South 01°0171' East wf8r the west rine of the 4.00 aces and the east
rune d the 180 acres a distance of 99.95 feet(record—South,100.0 fsef)to a U2
rebar found for the northeast comer d the said 4.001 acres;
THENCE South 01001121w gist with the east line'd the 4.001 aa+es and the west
rine d the 180 apes a dhtance of 69246 feet (record - South 01000223' East;
W-44. to a 112'rebar found for the southeast comer d the 4.001 acres and
the northeast comer"d Lot 31,Block OX of the said Garden Park Section One from
which a ST rebar found for to southeast comer of said Lot 31 bears South
00°4817` East a distance d 10023 feet (record South 00055"33" East, 100.00
THENCE South 88"50'12 West with the south rme of the 4.001 autres and the north
rine d Lot 31 a distance of 251.78 feet (record—South 88`4929"West, 251.71
feet) b a U2' reborn foutd for the southwest comer d the 4.001 acres and the
southeast comer d the 400 acres;
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LERTIFIED TO SE ATMEAND
CORRECTCOPY -
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12/17/2002 Page 155
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THENCE south 8865nr West with the south 6ne of the 4M aces,the north 6ne
of Lot 31,-t o north Umirxn of Green Pastae Drive (50' right-ofANay), and the
north line of Lot 1,Block 00,passing a n9m found for•ihs nodhwed corner of Lot
31 at a c omm of 60.98 feet,passing a mebar found for the.northow Domer of Lot
I at a dstanoe of 119.98 feet, and congnuing.for a botch disWm of 186.08 feet
(record—South WW West,167.97 feed m the POINT OF BEGINNING.
This parcel conWm 93.696 aces of land, mae or less,out d the Robert"utt
Survey In W1111amson County,Texas. DesatMon prepared flan an m4wVound
survey made during Jima, 2002. AN bearings are based on the west 6ne of the
85.700 aces(North 01-06W West}.
David R Hartman Uale
Registered Professional Land Surveyor
State of Teucas Na 5264 At
Pim Nut�bee X1-01 .
LiRrM MOW
Cmabd an MUM
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EXHIBIT A-2
BSII9Cf a 15.00-aare tract.*
f ]sad situated is ll the J. g. RandaSurrey, Abstract No. 531,
Siilliamson County, Texas, and being a part of that certain 100-acre tract of land conveyed
by deed to Malcolm MOCllnchie as recorded in Volume 560, pap 157, Deed Records of Vi11-
Texas. Surveyed on the ground in the month of August, 1977 by R. T. Magueasi
lemon County., sad'bein6 mors particularly deecribed as foUayss
Jr., Registered
professional Ea8 , ,
BMnM= at an iron pin found in the North line of Co=ty Road No. 168 (Gattis school
Road) marking the 8. a. Corner of said 140-acre tract for the 9. B. corner hereofj
$ N �o �],l W,"766.99 feet with said North LIM of County Road No. 168 to an.iron
piss set markftg the S.W. corner hereof)
THENC8 N 0& o7' B, 869-.29 feet to an Lroo pin set for. the •N.W. corner- bersof j -
TCg g 890 31' B, 736.92 feet to an troa pin.set in the Bast line of acid 100-acre
tract for the A.S. corner hereofj
TSENCE 9 o0 o8' W, 868.95 feet with said East line to the Pleas of BFGImIM and con-
taining 15.00 acres of land• .
GORME OM TO ATRUEANG
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EXHIBIT B
TO
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK,TEXAS AND WILLIAMSON COUNTY,TEXAS
The following plat notes shall be included on all plats that lie outside of the city limits of Round
Rock, Texas but lie within portions of the Round Rock extraterritorial jurisdiction (ET.i) and
within Williamson County,Texas.
1. Rights of way or easements for widening roadways or improving drainage shall be
maintained by the landowner until road or drainage improvements are actually
constructed on the property. The County has the right at any time to take possession
of any road widening easement for the construction, improvement or maintenance of
the adjacent road.
The landowner assumes all risks associated with improvements located in the right-
of-way or road widening easements. By placing anything in the right-of--way or road
widening easements, the landowner shall indemnify and hold the County, its officers,
and employees harmless from any liability owing to property defects or negligence
not attributable to the County, its officers, and employees and acknowledges that the
improvements may be removed by the County and that the owner of the improvement
will be responsible for the relocation and/or replacement of the improvement.
2. The construction of all streets, roads, and other public thoroughfares and any bridges
or culverts necessary to be constructed or placed is the responsibility of the owners of
the property covered by this plat in accordance with the plans and specifications
prescribed by the Commissioners' Court of Williamson County, Texas. Said
Commissioners' Court assumes no obligation to build any of the streets, roads, or
other public thoroughfares shown on this plat or of constructing any of the bridges or
drainage improvements in connection therewith. The County will assume no
responsibility for drainage ways or easements in the subdivision, other than those
draining or protecting the road system and streets.
The County assumes no responsibility for the accuracy of representation by other
parties in this plat. Flood plain data, in particular, may change depending on
subsequent development. It is further understood that the owners of the fract of land
covered by this plat must install at their own expense all traffic control devices and
signage that may be required before the streets in the subdivision have finally been
accepted for maintenance by the County.
CERTIFIED TO BE ATRUE AND
CORRECTCOPY
a
� OouICIBIk
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3. All public roadways, rights-of-way and easements shown on this plat are -free of
liens.
4. Where rural mail boxes are in use, such boxes shall be set three feet from the edge of
the pavement or behind curbs,when used. All mailboxes within county arterial right-
of-way
ightof-way shall meet the current TXDOT standards. Any mailbox that does not meet
this requirement may be removed.
STATE OF TEXAS
COUNTY OF WILLIAMSON
1, NANCY E. RISTER,COUNTY CLERK,DO
HLREBY CERTIFY THAT THIS IS A TRUE AND
C uRRECT COPY AS SAME APPEARS OF RECORD
I'i i 1Y CUSTODY.
s ,'ii--ss my hand and seal of office on
Iu
:<3 NANCY E. RISTER, COUNTY CLERK
GERTIFIED70SEA'TRUEANp' V.'+ fA[`. N COU l7Y,TEXf,S
QORRECTCOPY _ Deputy
IIVNNAIMO COWIIy M*
2