Loading...
A-08-10-23-11B1 - 10/23/2008ORDINANCE NO. %'C'V -W /4"3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.750 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, 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 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 0.750 acres out of the J. M. Harrell Survey, Abstract No. 284, in Williamson County (the "Property") more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 0:\WDOX\ORDINANC\081023B1.DOC/rmc 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 approve the 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. 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. 2 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. VIII. That the City Secretary 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. 3 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 Z:0 day of , 2008. Alternative 2. READ and APPROVED on first reading this the , 2008. day of READ, APPROVED and ADOPTED on second reading this the day of , 2008. 4 sa)li,A ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary EXHIBIT "A" HESTERS CROSSING WATER TOWER TRACT DESCRIPTION BEING a 0.750 -acre tract of land, more or less, being out of and a potion of the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, as conveyed to the City of Round Rock and further described in a Warranty Deed recorded in Volume 1429 Page 462, Deed Records of Williamson County, said Deed being attached hereto as Exhibit B, said tract also being identified on the accompanying sketch, attached hereto and made a part hereof TBB STATE OP TEXAS X :0552 X KNOW ALL MEN BY MESE PRESENTS: COUNTY OP WILLIANSON X That I, TON XOURt, of the County of Travis and Stats of Texas for and in consideration of my regard for the CITY OP ROUND MCI, TEXAS, have GIVEN, GRANTED, AND CONVEYED, and by these presents do hereby GIVE, GRANT, AND CONVEY unto the CITY OF ROUND ROCK, TEXAS, all of that certain real estate lying and being situated in Williamson County, Texas, to -wit. A11 that certain land, more attached Exhibit •A•. This conveyance is made and and all matters of record in of Williamson County, Texas. fully described on the TO NAVE AND TO BOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said CITY OF ROUND ROCK, TEXAS, its. successors and assigns forever: and 1 do hereby bind myself, ay .beirs, executor■ and administrators to WARRANT AND FOREVER DEPEND ail •and singular the said premises unto the said CITY OF ROUND ROCK, TEXAS, its successors and assigns, against every person whomsoever lawfully claiming or to claim the saw or any part thereof. EXECUTED this ja day of December, A.D. 1985 This instrument was acknowledged before me on the AO% day of December, 1985, by TOM KOURI. NATNY N. BOYD Wag Pak, Shia of Tin &q Commission Expiry 113/i AFTER RzCOamzso RETURN TO: Oben A. Reischman Twin rowers Office Park 1106 Clayton We. Sulfa 201 West • Austin, Tens 78723 10 1.1429Mu463 'EXHIBIT A° to warranty deed from Toes Kouri to the City of Round Rock, Texas dated December 26 , T985. 'Draft of the general description of the land to be deeded over to �� the City of Round Rock for a Fin Station and access roads. The land is s portion of the 268.12 acre tract conveyed to Tom Kouri by deed recorded in Volume 614, page 244 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: POINT OF BEGINNING at the southeast corner of Chisholm Valley West, section 3 Amended, as shown on a Plat of Record in Cabinet D, Slide 120 of the Plat Records of said County, being the most F,, northerly corner and ell corner of said 268.12 acres; thence along ,, a north line hereof, the following six courses: 1) 514°12'E. 190 feet to an angle point along the easterly property line of said northerly corner and ell corner hereof; 2) S72°05'W. 111.21 feet to an angle point hereof; 3) 571°56'W. 60.00 feet to an angle point hereof; 4) N14°12'W, 190 feet to the southern property line of the Chisholm 1Cz Valley West, Section 3 Amended hereof; 5) N71°56'E, 60.00 feet to an angle point along the southerly property line of the Chisholm Valley West, Section 3 Amended hereof; 6) M72.05'E, 111.21 feet to an angle point at the northerly corner and ell corner of said 268.12 acre tract, and the POINT DF BEGINNING of the herein described portion of land. 1.1429PKtet December 26, 1985 City of Round Rock Round Rock, Texas • . . TOM sOull 1311 Ridgehaven Austin, Texas 78723 Res Fire Station and Mess Road Property given to the City of Round Rock, Texas : •• GentleMen, Enclosed herewith is a. Warranty Deed for the City of Round Rock, Texas conveying approximately one (1) acre of land to be used by the City of Round Rock, Texas for the purpose of a Fire Station and road acess to such Fire Station. Please indicate your acceptance of this gift by your signature below. .TRIkka enclosure Accepted and Agreed) City of Roun Rock, Texas ;AC au cased Officer December 26, 1983 Very truly yours, 1;4041.e/44.44t: Ton loud STATE OF TEXAS COUNTY OF WitilliSSON 1 hereby certify that this Inshweed wee MED me the date and it Om time damped heroes by toK and we defy ROAM le the Volume end Pus et the named RECORDS ihilluaton County. Tens, as stamped bane by me, me OCT 3 xe6 grartlummus DATE: October 16, 2008 SUBJECT: City Council Meeting — October 23, 2008 ITEM: *11B1. Consider an ordinance annexing 0.750 acres, known as Hesters Crossing Water Tower Tract. (First Reading) Department: Staff Person: Justification: Planning and Community Development Department Jim Stendebach, Planning and Community Development Director This tract of land, known as the Hesters Crossing Water Tower Tract, consists of City -owned property. This property was acquired by the City twenty years ago, initially for a proposed fire station. Although subsequently developed with a water tower, it was never annexed into the City limits. It is the City's desire to annex the tract in order to bring all City owned property and facilities into the corporate limits for maintenance and emergency service purposes, as well as provide for a more contiguous city boundary. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land was located within the City of Round Rock's ET] in Williamson County. Public Comment: Public notice is not required for voluntary annexation, in accordance with Section 43.028 of the Texas Local Government Code. RECORDED DOCUMENT FOLLOWS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 12 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2008083389 I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -08-10-23-11B1 which annexes 0.750 acres of land, known as the Hesters Crossing Water Tower Tract. This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the 23rd day of October 2008 and is recorded in the City Council Minutes Book No. 57. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 28th day of October 2008. SARA L. WHITE, City Secretary ORDINANCE NO. '00' - 2-3 - 111 1 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.750 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, 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 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 0.750 acres out of the J. M. Harrell Survey, Abstract No. 284, in Williamson County (the "Property") more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: O:\WDOX\ORDINANC\081023B1.DOC/rmc 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 approve the 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. 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. 2 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. VIII. That the City Secretary 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. 3 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 CfAZr6air , 2008. Alternative 2. READ and APPROVED on first reading this the day of , 2008. READ, APPROVED and ADOPTED on second reading this the day of , 2008. 4 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary EXHIBIT "A" NESTERS CROSSING WATER TOWER TRACT DESCRIPTION BEING a 0.750 -acre tract of land, more or Tess, being out of and a potion of the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, as conveyed to the City of Round Rock and further described in a Warranty Deed recorded in Volume 1429 Page 462, Deed Records of Williamson County, said Deed being attached hereto as Exhibit B, said tract also being identified on the accompanying sketch, attached hereto and made a part hereof EXHIBIT 1429w02 TSE STATE OF TEXAS COUNTY OF WILLIAMSON That I, TOM XOURI, of the County of Travis and State of Texas for and in consideration of my regard for the CITY OF ROUND ROCK, TEXAS, have GIVEN, GRANTED, AND CONVEYED, and by these presents do hereby GIVE, GRANT, AND CONVEY unto the CITY OF ROUND ROCK, TEXAS, all of that certain real estate lying and being situated in Williamson County, Texas, to -wits All that certain land, more attached Exhibit A. This conveyance is made and and all ratters of record in of Williamson County, Texas. fully described on the TO SAVE AND TO BOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said CITY OF ROUND ROCS, TEXAS, its successors and assigns forever, and I do hereby bind myself, ay heirs, executors and administrators to WARRANT AND FOREVER DEFEND all:and singular the said premises unto the said CITY OF ROUND ROCK, TEXAS, its successors and assigns, against every person whomsoever lawfully claiming or to claim the saw or any part thereof. EXECUTED this j day of December, A.D. 19985 le��OO�F�[ xOURi STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before as on the did day of Deosmber, 1985, by TOM KOURI. Rotary b1ic, Mate of Taxa TOR Xouri . 1311 Ridgebeven Austin, Texas 78728 BARN N. BOYD Wag Public, Slats of Taus My Commission Empire 1132! ante TECOTOZNO UTURN TO: Owen A. Relschman Twin Towers Office Park 1106 Clayton Lane, Suite 201 West • Austin, Tens 78723 . OFFICIAL RECOQA3 .RLUM+o« aoVNIT TEXAS ;i. 1429'm 4t3 °EXHIBIT A" to warranty deed from Tom Kouri to the City of Round Rock, ;..:.Texas dated December 26 ,1985. Draft of the general description of the land to be deeded over to the City of Round Rock for a Fin Station and access roads. The land is a portion of the 268.12 acre tract conveyed to Tom Kourl by deed recorded in Volume 614, page 244 of the Deed Records of Williamson County. Texas, and being more particularly described by metes and bounds ,.:.,,_ as follows: • i Fe r . POINT OF BEGINNING at the southeast corner of Chisholm Valley West, section 3 Amended, as shown on a Plat of Record in Cabinet 0, Slide 120 of the Plat Records of said County, being the most northerly corner and ell corner of said 268.12 acres; thence along a north line hereof, the following six courses: 1) 2) 3) 4) 5) 514°12'E, 190 feet to an angle point along the easterly property line of said northerly corner and ell corner hereof; S72°05'W, 111.21 feet to an angle point hereof; S71°56'14° 60.00 feet to an angle point hereof; N14.12'W, 190 feet to the southern property line of the Chisholm Palley West, Section 3 Amended hereof; N71°56'E, 60.00 feet to an angle point along the southerly property line of the Chisholm Valley West, Section 3 Amended hereof; 6) N72.05'E. 111.21 feet to an angle point at the northerly corner and ell corner of said 268.12 acre tract, and the POINT DF BEGINNING of the herein described portion of land. • ..,1429m484 TOM RODMI ;c:7H 1311 Ridgehaven Austin, Texas 78723 • December 26, 1985 City of Round Rook Round Rock, Mae • Res Pire Station and Acess Road Property given to the • City of Round Rock, Texas Gentlenent Enclosed herewith is a. Warranty Deed for the City of Round Rock, • Texas conveying approximately One of acre of land to be used by. the City Of Round Rock, Texas for the purpose of a Fire Station and road alms to such Fire Station. Please indicate your acceptance of this gift by your signature below. .271kb enclosure Accepted and Agreed) -c;': • City of ROWI4 Rock, Texas 1 Iti • Byl duly au (mixed Officer December 26, 1985 Very truly yours, N744/4:441: Ton fouri STATE OF TEXAS MUM Of VAUMAISON lbw* cart* that this butroment nes MED ond. dsts and at do drns damped bm000 by ory and was duly RECORDED in LIM WWI and Pap of the named RECORDS al 'Mom County, Tau. as stamped berm by ms Oil OCT 3 06 CWIITY,,n4sm COM', TEILIS N w F Opp V�1ES� D s N <G cto �0 10 �.c Subject Tract �'P 0.750 ac �� S � O Ln 000- O � FZO x HESTERS x Ordinance No. A-08-10-23-1181 Annexing 0.750 acres, known as Resters Crossing Water Tower Tract. AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008083389 11/05/2008 10:31 AM CMCNEELy $60.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS