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O-2015-2338 - 3/26/2015 ORDINANCE NO. 0-2015-2338 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.27 ACRES OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a 2.27 acre tract of land out of the Memucan Hunt Survey, Abstract No. 314, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, or on which less than three (3) qualified voters reside, and 01 12.1504;0031162 WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. 2 V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. Vlll. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. 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. 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. READ, PASSED, and ADOPTED on first reading this day of 12015. Alternative 2. READ and APPROVED on first reading this the day of , 2015. READ, APPROVED and ADOPTED on second reading this the day of , 2015. 4 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 5 EXHIBIT „A" Exhibit"A"—Legal Description Land Surveying BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 2.2746 PO Box 90876 ACRES (99,081 SQUARE FEET) OUT OF THE MEMUCAN HUNT Austin,Tx 78709 SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS, 512.554.3371 jward@4wardls.com BEING ALL OF A CALLED 2.281 ACRE TRACT CONVEYED TO ROCK wxyq'.4%%ard1s.com & ROE, L.L.C., AND RECORDED IN DOCUMENT #2014069358 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 2.2746 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203); ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000116194112): BEGINNING, at a 1/2-inch iron rod found in the southeast right-of-way line of Roundville Lane (described as a 50' private road easement in Volume 1125, Page 369 of the Deed Records of Williamson County, Texas [D.R.W.C.T.]), and being the west corner of a called 7.50 acre tract conveyed to Jack W. Lee, Jr., and recorded in Volume 583, Page 259 (D.R.W.C.T.), and being the most northerly corner of said Rock& Roe tract,for the most northerly corner and POINT OF BEGINNING hereof; THENCE, with the southwest line of said Lee tract and the northeast line of said Rock & Roe tract, S54006'06"E, a distance of 199.90 feet to a 1/2-inch iron rod found for the northeast corner hereof, said point being at the most northerly corner of Lot 1, BIock"A' of O'Reilly Subdivision, recorded in Cabinet GG, Slides 276-277 of the Plat Records of Williamson County, Texas (P.R.W.C.T.), and being the northeast corner of said Rock&Roe tract, from which a 1/2-inch iron rod found in the northwest line of a called 10.00 acre tract conveyed to Judith L. Davis, and recorded in Document #2008059288 (O.P.R.W.C.T.), said 10.00 acre tract described by metes and bounds in Volume 583, Page 255 (D.R.W.C.T.), and being the northeast corner of said Lot 1, and being the south corner of said Lee tract bears, S54°06'06"E, a distance of 199.95 feet; THENCE, with the common line of said Lot 1 and said Rock& Roe tract, and in part with the northeast right-of-way line of South A.W. Grimes Boulevard (a.k.a. County Road 170, right-of-way varies), S66°27'49"W, a distance of 576.31 feet to a mag nail with "Ward-5811" washer set for the most southerly corner hereof, said point being a corner in the northeast right-of-way line of said South A.W. Grimes Boulevard, and being the southeast corner of a called 0.053 acre tract (described as Tract 03) conveyed to Williamson County, Texas, for right-of-way purposes, and recorded in Document #2012023828 (O.P.R.W.C.T.), and being the most southerly corner of said Rock&Roe tract; THENCE, with the northeast right-of-way line of said South A.W. Grimes Boulevard, and with the common line of said 0.053 acre right-of-way tract and said Rock & Roe tract, the following two (2) courses and distances: 1) N54°29'01"W, a distance of 39.06 feet to a 1/2-inch iron rod with "Ward-5811" cap set for an angle point hereof, and 2) N53°12'44"W, a distance of 159.70 feet to a 1/2-inch iron rod with"Ward-5811" cap set for the most westerly corner hereof, said point being at the intersection of the northeast right-of-way line of said South A.W. Grimes Boulevard with the southeast right-of-way line of said Roundville Lane, and being the common north corner of said 0.053 acre right-of-way tract and said Rock&Roe tract; P:\00379\Metes&Bounds&Certifications\00358.docx Pagel of 2 THENCE, with the southeast right-of-way line of said Roundville Lane and the northwest line of said Rock & Roe tract, N66°28'37"E, a distance of 573.81 feet to the POINT OF BEGINNING, and containing 2.2746 Acres(99,081 Square Feet)more or less. O F ason Ward, RPLS#5811 j 4Ward Land Surveying, LLC A.� ....SON.................. JWARD ................................ f 5811 �° SUIR F or:•'O �., ess�a.•�y P:\00379\Metes&Bounds&Certifications\00358.docx Page 2 of 2 EXHIBIT ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: Zvi�{p tp4 3Sg WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No 201 f f'�36fficial Public Records of Williamson County, or in Volume Page — , Deed Records of Williamson County. Owner(s) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by VAar1c arui RoENkaQg�ciC this 5A-V% day of MQrch , 20� , A.D. TOREN LEILANI ROCK Notary Public,State of Texas My Commission Expires Notary Public, State of Texas March 26, 2017 ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the day of , 20_, by Notary Public, State of Texas ELECTRONICALLY RECORDED 2015023378 Williamson County Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. 0-2015-2338, which annexes 2.27 acres of land located southeast of the intersection of Louis Henna Blvd. and AW Grimes Boulevard. This ordinance was approved and adopted by the City Council of the City of Round Rock at a regular meeting held on the 26th day of March 2015, and is recorded in the City Council Minute Book 60. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 27th day of March 2015. 41'4 SARA L. WHITE, TRMC, City Clerk --- %IND kkvi „ - 0 , 144 Ar * t‘t pik ORDINANCE NO. 0-2015-2338 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TOWIT: 2,27 ACRES OF LAND, OUT OF THE IVIEIVIUCAN HUNT SURVEY, ABSTRACT NO, 314, IN ILLI MSON COUNTY, FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HA BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVEDATE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS, WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a 2.27 acre tract of land out of the Memucan Hunt Survey, Abstract No. 314, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the petition for annexation is attached as Exhibit f'B" hereto and incorporated herein for all purposes, and WHEREAS, the petition was filed more than five (5) days and less than thirty (3 0) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS,RAS, the Property is (1) one-half mile or less in width, (2) contiguous to the City; and (3) vacant and without residents, or on which less than three (3) qualified voters reside, and 0112,1504,0031162 WHEREAS, the City Council has determined that all requirements of Section 43,028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY" COUNCIL OF THE CITE' OF ROUND ROCK,. TEXAS: That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. H. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. UI That the property described in Exhibit „A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof, I ', That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. 2 V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VL That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. Vt. That this Ordinance shall become effective after its passage. VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. I . If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. 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. 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, READ, PASSED, and ADOPTED on first reading this day of t\vi4+ , 2015, Alternative 2. READ and APPROVED on first reading this the day of , 2015. READ, APPROVED and ADOPTED on second reading this the day of , 2015, 4 F]) ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA .. WHITE, City Clerk 5 J EXHB Exhibit tion :Land Surveying BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 2.2746 PO Box 90876 ACRES (99,081 SQUARE FEET) OUT OF THE MEMUCAN HUNT Austin,TX 75709 SURVEY, ABSTRACT NO, 314, IN WILLW41SON COUNTY, TEXAS, 512,554..3371 jwrard04wardis.com BELNG ALL OF A CALLED 2.281 ACRE TRACT CONVEYED TO ROCK WNW 4v,ardis 1:31:1 & ROE, L.L.C, AND RECORDED IN DOCUMENT #2014069358 OF THE OFFICIAL PUBLIC RECORDS OF 'WILLIAMSON COUNTY, TEXAS (0.P.R.W.C.T.), SAID 2.2746 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203); ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000116194112): BEGINNING, at a 1/2-inch iron rod found in the southeast right-of-way line of Rouudville Lane (described as a 50' private road easement in Volume 1125,Page 369 of the Deed Records of Williamson County, Texas [D.R.\V.C.T.]), and being the west corner of a called 7.50 acre tract conveyed to Jack W. Lee, Jr., and recorded in Volume 583, Page 259 (D.R.W.C.T.), and being the most northerly corner of said Rock&Roe tract,for the most northerly corner and POINT OF BEGINNING hereof; THENCE, with the southwest line of said Lee tract and the northeast line of said Rock & Roe tract, S54°06'06"E, a distance of 199.90 feet to a 1/2-inch iron rod found for the northeast corner hereof, said point being at the most northerly corner of Lot 1, Block"A"of O'Reilly Subdivision, recorded in Cabinet GO, Slides 276-277 of the Nat Records of Williamson County, Texas (P.R.W.C.T.), and being the northeast corner of said Rock&Roe tract,from which a 1/2-inch iron rod found in the northwest line of a called 10.00 acre tract conveyed to Judith L. Davis, and recorded in Document #2008059288 (O.P.R.W.C.T.), said 10.00 acre tract described by metes and bounds in Volume 583, Page 255 (D.R.w,c.T.), and being the northeast corner of said Lot 1, and being the south corner of said Lee tract bears,S54°06'06"E,a distance of 199.95 feet; THENCE, with the common line of said Lot I and said Rock& Roe tract, and in part with the northeast right-of-way line of South A.W. Grimes Boulevard (a.k.a. County Road 170, right-of-way varies), 566°27'49"W, a distance of 576,31 feet to a mag nail with "Ward-5811" washer set for the most southerly corner hereof; said point being a corner in the northeast right-of-way line of said South A.W. Grimes Boulevard, and being the southeast comer of a called 0.053 acre tract (described as Tract 03) conveyed to Williamson County, Texas, for right-of-way purposes, and recorded in Document #2012023828 (0.P.R.W.C.T.), and being the most southerly corner of said Rock& Roe tract; THENCE, with the northeast right-of-way line of said South A.W. Grimes Boulevard, and with the common line of said 0.053 acre right-of-way tract and said Rock & Roe tract, the following two (2) courses and distances: I) N54°29'0VW, a distance of 39,06 feet to a 1/2-inch iron rod with "Ward-5811" cap set for an angle point hereof,and 2) N53°12'44"W, a distance of 159.70 feet to a 1/2-inch iron rod with"Ward-5811" cap set for the most westerly corner hereof, said point being at the intersection of the northeast right-of-way line of said South A.W. Grimes Boulevard with the southeast right-of-way line of said Roundville Lane, and being the common north corner of said 0.053 acre right-of-way tract and said Rock&Roe tract; P:\00379\Metes&Bounds&Certifications\00358.decx Page 1 of 2 THENCE, with the southeast right-of-way line of said Roundvilie Lane and the northwest line of said Rock & Roe tract, N66°28'37"E, a distance of 573.81 feet to the POINT OF BEGINNING, and containing 2-2746 Acres(99,081 Square Feet) more or less. --............. , -Jason Ward RPLS 45811 - 4Ward Land Sureying, LLC 5811 „10`z`„•!<:,1)4' P:\00379\Metes&Bounds&Certifications\00358.docx Page 7 of 2 2015023378 Page 9 of 9 EXHIBIT ANNEXATION OR CITY LIMITS T I TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit"A" attached hereto and made a part hereof. 1e hereby certify, under oath, that: cat c 6(atia' WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document Ncl .a€ 61,5 ficl ! Public Records of Williamson County, or in Volume Page — , Deed Records of Williamson County. Owner(s) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by l'Arw.„,..Q.r,EciggE ,K this 5 day of zr , 20 t , AD. WLOREN LEILAN!ROCK ,,;4 + <' Ncomy Puretic..State of Texan ray L:cmmtssion E?q res Notary Public. State of Texas 141. °0:' March 26. 2017 M.w�w...v:-.mow• r�d ACKNOWLEDGMENT (INDIVIDUAL This instrument was acknowledged before me on the day of�, 20 by 2015023378 _ Y Electronically Recorded Notary Public, State of Texas OFFICIAL PUBLIC RECORDS Nancy E. Rister, County Clerk 3/27/2015 11 00 AM Pages: 9 Fee: $53.00 Williamson County Texas