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A-08-10-23-11B5 - 10/23/2008ORDINANCE NO. A-oV-10-23- f (sj AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.545 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 0.545 acres out of the Willis Donaho Survey, Abstract No. 173, 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\081023B5.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 2� day of , 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 SARA L. WHITE, City Secretary EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT ROCKIN' J - EAST TRACT DESCRIPTION BEING a 0.545 -acre tract of land, more or less, being out of and a potion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed to the City of Round Rock and further described in Warranty Deeds as recorded in Document No. 2001073576 and 2002011743, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibits B and C, respectively, and said tract also being identified on the accompanying sketch as Subject Tract 1, attached hereto and made a part hereof. U1 0 THE STATE OF TEXAS 5 LL 6 COUNTY OF WILLIAMSON 5 CO ai5/sp/h/ 0,2/WV- SPECIAL WARRANTY DEED County Road 113 Right -of -Way WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such a.3 EXHIBIT • other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed C; necessary or convenient for the construction, expansion, enlargement, Cj extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, ALAN L. STAUB and wife, JULIE A. STAUB, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: TRACT I: BEING 0.002 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A", attached hereto and incorporated herein. TRACT II: BEING 0.382 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "B", attached hereto and incorporated herein. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of WORLDOX/CORR/T RAN/CRI 13COND/STAU&00010712 1. improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the 016 day of 5FP7fmsiI, 2001. ALAN L. STAUB JULIE k. STAUB Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the g6 , day of Sfip-rtkh 3 E,_ , 2001 by ALAN L. STAUB and wife, JULIE A. STAUB. '.. Vii•• p ".'. SUSAN PATTERSON MY COMMISSION EXPIRES %:g tip; ° •, Fbbtuary 1, 2004 W ORLDOX/CORR/rRAN/CRI I3CONDISTAUBI00010712 2. PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: Austin Title Company 101 E. Settlers Blvd. Suite 100 jRound Rock, Texas 78664 WORLDO%/CORRIrRAN/CRI 13COND1STAUB/00010712 3. £Y1,;k' - ' P" FIELD NOTE DESCRIPTION: A 0.002 ACRE TRACT a11bg1-O BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 3.0 ACRE TRACT DESCRIBED AS TRACT I, AND 'CONVEYED TO 721=0)3_514.18 IN DOCUMENT NO. 9629245, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at the southwest corner of said 3.0 acre tract, the same being a point in the north line of that certain tract said to contain 0.65 acres, described as Tract II, conveyed to Theodore Staub in said Document No. 9629245, same being the southeast corner of that certain tract of land conveyed to Rankin' J Corporation, and recorded in Volume 1753, Page 835, of the Official Records of Williamson County, Texas, for the southwest corner and POINT OF BEGINNING of the herein tract; THENCE North 00°22'22" East, with the west line of said Tract I, the east line of said Rockin' J Corporation tract, a distance of 6.26 feet to a calculated point in the arc of a curve; THENCE along the arc of said curve to the right a distance of 39.09 feet, having a radius of 1050.00 feet, a carnal angle of 02°07'58", a chord which bears South 79°38'17" East, a chord distance of 39.08 feet to a calculated point in the south line of said Tract I, the north line of said Tract II; THENCE North 88°51'18" West, with the north line of said Tract II, the south line of said Tract I, a distance of 38.49 feet, to the POINT OF BEGINNING. Containing 0.002 acres of land more or less. Pc4cti, Randall S. Jones Date Registered Professio . Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin, Torus 78753 S:1LndProjects R2W581docs1Staubl.doc Revised: Febniary 21, 2001 Page 1 of l TO ACCOMPANY FIELD NOTES: U Y N O N O eiN �N u.a gggUzi, "0 ",5 a. 333V5i 11 11 no0< C4 C2 ciCiti^ II 11 •.4 0 a mcc d r d Z7J N O N88'51'18'W 437,7' "Kiphen Road" O 0 a o S z S z 6 -3 w FIELD NOTE DESCRIPTION: A 0.382 ACRE TRACT '") a8 I- 0 BEING A TRACT OR PARCEL OF LAND SITUATED IN WIL.LIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 0.65 ACRE TRACT, DESCRIBED AS TRACT II, AND CONVEYED TO THEODORE STAIN; IN DOCUMENT NO. 9629245, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the north right-of-way of County Road 113, known locally as 'Cipher: Road, for the southeast corner of said 0.65 acre tract, same being the southwest corner of that certain tract of land conveyed to MTV Investments Limited in Document No. 9608169, of the Official Records of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING of the herein described tram THENCE North 63°22'01" West, with the north line of said County Road 113, the south line of said 0.65 acre tract, a distance of 383.31 feet to a calculated point in the aouth line of that certain tract of land conveyed to Rockin' 7 Corporation, in Volume 1753, Page 835, of the Deed Records of Williamson County, Texas, fbr the west corner of said 0.65 acre tract, and for the northwest corner of this tract; THENCE departing the north line of said County Road 113, South 88°51'18" East, with the north line of said 0.65 acre tract, the south line of said Rockin' 3 Corporation tract, a distance of 18.24 feet passing the southeast corner of said Rockin' J Corporation tract, same being the southwest corner of that certain tract of land said to contain 3.00 acres, described as Tract I, and conveyed to Theodore Staub in said Document No. 9629245, continue with the south line of said Tract I, the north line of said Tract II, in all a total distance of 56.73 feet to a calculated point in the arc of a carve, for the northeast corner of this tract; THENCE along said curve to the right a distance of 305.18 feet, having a radius of 1050.00 feet, a central angle of 16°39'11", a chord which bears South 70°14'43" East, a chord distance of 304.11 feet to a calculated point in the east line of said 0.65 acre tract, the west line of said MTV Investments Limited tract, for the northeast corner of this tract; T$ENCE South 00°14'46" West, with the west line of said MTV investments tract, the east line of said 0.65 acre tract, a distance of 67.91 feet to the POINT OF BEGINNING. Containing 0.382 acres of land more or less. 212101 Randall S. Jones Date Registered Profess' Land Surveyor No. 4391 State of Texas RS Surveying Inc. 1212 B. Braker Lane Austin, Tena 78753 S:1Land Projects R216581doca4Stmb /I. dor Revised: February 21, 2001 Page 1of1 Cm W PP PPEN t N —cnN• te 01— CLIgnId U � W VJ h z�,ti ®o cke c 4122,5 R240004 Coo 'S9l) (3.£s'.9S.80S) ,L13'*9 L M.9i.i LOOS ft moa: cnEo Z Z 20 .t6'L9 M.9i.$'1$..00S (3.0NN BOS) ig V rn Ftlu 5.0 Q Vim. / / ! / / r / a PERFORMED z cez 3i a zzm i U z z >W z N No 6 0 qc 8z E z<o2 fi *06 Z g U 1 N oNPN 0o Z don g S�W�o *vo <6 Z �Y Xr-6S35 LOW X N Q clgi Ma rIi rn A\ir) r p Dnrn CLUJl{U [,LES is OFFICIAL PUBLIC RECORDS At* se^t AKTIcAA. 10-04-200c02:01 PM 2001073576 JACKIE $23.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS _. • Aerc Am:4,4101i P ?-tlua Fca-- SPECIAL WARRANTY DEED County Road 113 Right -of -Way THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § Z.%se, EXHIBIT 1.C„ 4 WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such other property rights deemed necessary or convenient for the construction, ri expansion, enlargement, extension, improvement, or operation of a portion of 7.1 the proposed County Road 113 ("Project"); and, Q WHEREAS, the purchase of the hereinafter -described premises has been deemed o necessary or convenient for the construction, expansion, enlargement, C) extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, THE PARRISH GANG, LTD., hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parels of land lying and being situated in the County of Williamson, State of. Texas, being more particularly described as follows: 0.161 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described by metes and bounds, in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners ri any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, CORR/TRAN SPRT/CR113CON/PARRISH/SW DEED/00017661 1 DEC 21 2001 11:55 FR LOAN ADMINISTRATION 214 978 1440 TO 915126519252 EXHIBIT FIELD NOTE DESCIUPTIONI A 0.161 A P.03'e3 BL•1NO A TRACT OR PARCEL OF LAND SITUATED DI WBLTAMSON COUNTY, TEXAS, AND SENO OUT OF AND A PARTOP Zia WILLIS DONAHO SURVEY. ABSTRACT NO. 173, AND HMO A PART OF THAT CERTAIN 19.651 ACRE TRACT, CONVEYED TO ROCX I' J CORPORTATION IN VOLUME 1753, PAGE 133 OP THE DEED RECORDS OF WR.LIAMSON COUNTY. TEXAS AND BEING MOR1f PARTICULAk1 Y DESCIUBBD BY METES AND BOUNDS AS FOLLOWS: 8* OINN1KG a a calculmed point for die southerly, matt easterly canner of said 19.651 awe tract, same being a point in the north lino of due eesnM trail of land described u Tract 11, in a deed to Theodore Staub in Document No. 9629245 of lis Official Records of Willivasca Comity. Taws, setae beteg the soothers* caner of that oettaim tract of land derailed as Tran 1, in a deed to Theodore Staub in acid Document No. 9629245, for the southeast corner and POINT OP BEGINNING of** herein described tract, T11iE 4CK North Sint '11" Watt, with the south line of said 19,651 care tract, the north line amid Tract 11, ■ distance of IS 24 Ibex, psuing the nwthweit Corner died Trees 11,. Lama bang a point in the south ri%ht•otway lino of County Road 113, blown bully as Ripka Road. *minus with the south right-of-way tins of mid County Road 113, in W total dlitance of 437.1'7 feat, >A tin iron and !bund, tot the southeast corner of a Public Road, recorded in Volume 1473. P,Ne 113, tithe Deed Records of Williamson County, Texas, and for the southwest corner of Ibis tract; 11ILNCR North 00.52'10" East, with the east fine of said Public Road. a distance of 13.06 feet, to a calculated point, for the notew est owner of this tract; THENCE departing the out tine of said Pattie Road, crossing said 19.651 acre tract the Following two (2) courses: 3. South 11137'12" East, a t$stenee of 292.62 feet, to a e eleuhsted point al the beginning of a cnrw to the right; 2. Aloes the arc of sold curve to the nen a distance 0( 145.06 fief, having a radius of 1030.00 liter, a central eagle of tl?'S#'Sti , a chord which bean Set 14`39'44" Real, a chord Amuse of 144.95 fait to a calculated point ie the east fine of aid 19.651 acre tract, the west bee amid Tract Y, Est the cordon corner of ibis baht; THENCE South 00'22'22" West, with the west line orient Tract f, the out Enc of said 19.651 sero tract, a Ozone of 6.24 feet to the ?OIIVT OP DEGIMNING. Couleinies 0.161 ores of land more or less. '2=t & e Z4Lia Randall 3. Jones Date Registered Profiesio I Loud Surveyor No. 4393 State of Tonere PJ Surveying La. 1213 L Braker Lein Austin. Texas 7;733 RECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for satisfactory recordation. 1:1Lad Fryeae R216581deoatte lde Lilea lUniteof beery 21,1003 rage ** TOTAL PAGE.03 • 4 administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the 301"day of 14AVe �... , 2002. THE PARRISH GANG, LTD. By: Printed tt AN W . -A2Ms to Title: G.�,� fia►-bnry„ Acknowledgment State of Texas County of WI 1 -cumuli 8fXA'R Name: This instrument was acknowledged before me on this the 30 , day of 1/47-11) �UUfl/4�! , 2002 by 0, A1 L.t). ,/�d},14/l /Sur of THE PARRISH GANG, LTD., on behalf of said limited partnership. Wim. Notary Public, State'df Texas KAREN A. CAPPS " MY COmieSS$ON E%PPES August 22, PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: Austin Title Company �./ 101 E. Settlers Blvd. Suite 100 Round Rock; Texas" 78664- FILED 8664 FILE AND RECORDED OFFICIAL PUBLIC RECORDS 02-12-200 "12:28 PM 2002011743 ANDERSON $13.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS CORRITRANSPRT/CR113COI /PARRISWSWDEED/00017661 2 N i W+ F X Subject Tract 3 X 0.451 ac Subject Tract 1 °- 0.545 ac E"Old-Settlers Blvd Subject Tract 4 W Subject Tract 2 0.137 ac a 0.098 ac DATE: October 16, 2008 SUBJECT: City Council Meeting — October 23, 2008 ITEM: *1185. Consider an ordinance annexing 0.545 acres, being East Old Settlers Boulevard right-of-way immediately east of Rockin' J Road. (First Reading) Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director This tract of land, known as the East Old Settlers Boulevard at Rockin' J Road — East Tract, consists of City -owned public right-of-way. This right-of-way was acquired by the City several years ago as part of a road widening project, but was never annexed. It is the City's desire to annex the tract in order to bring all City owned rights-of-way into the city 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 ETJ 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 1111111111111111111111111111111111111 11111111111111111111111 :',Gs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2008083385 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 -08-10-23-11B5 which annexes 0.545 acres of land, being East Old Settlers Boulevard right-of-way immediately east of Rockin' J Road. 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. StA44A-. SARA L. WHITE, City Secretary ORDINANCE NO.-oeb-Iv-Z3- EI 15 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.545 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 0.545 acres out of the Willis Donaho Survey, Abstract No. 173, 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\O81023B5.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. 144 READ, PASSED, and ADOPTED on first reading this 23 day of 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 SARA L. WHITE, City Secretary EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT ROCKIN' J - EAST TRACT DESCRIPTION BEING a 0.545 -acre tract of land, more or Tess, being out of and a potion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed to the City of Round Rock and further described in Warranty Deeds as recorded in Document No. 2001073576 and 2002011743, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibits B and C, respectively, and said tract also being identified on the accompanying sketch as Subject Tract 1, attached hereto and made a part hereof. N 0 THE STATE OF TEXAS 5 [1 5 COUNTY OF WILLIAMSON 5 CO N/5/SP41/ c7/761 - SPECIAL WARRANTY DEED County Road 113 Right -of -Way EXHIBIT 1 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, N") expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed C) necessary or convenient for the construction, expansion, enlargement, Q extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, ALAN L. STAUB and wife, JULIE A. STAUB, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: TRACT I: BEING 0.002 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A", attached hereto and incorporated herein. TRACT II: BEING 0.382 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "B", attached hereto and incorporated herein. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of WORIDOX/CORRITRAN/CR 117COND/STAUB/00010712 1. improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the oro day of 5F,7f»,tlee, 2001. 0 ALAN L. STAUB JULIE LS;0) STAUB Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the ;ay , day of 51Fip-rE y171%/Z , 2001 by ALAN L. STAUB and wife, JULIE A. STAUB. e SUSAN PATTERSON `•: ��� s; MY COMMISSION EXPIRES February 1,2004 W ORLDO WCORR/f RAN/CR 1 I3COND/STAUB/000, 0712 Notary Public, State of Texas 2. PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDINQ RETURN TO: Austin Title Company 101 E. Settlers Blvd. tel, Suite 100 % Round Rock, Texas 78664 WORLDOX/CORA/1RA l R1 I3CONI1STAUB/00010712 3. EY1.;17A- "A" FIELD NOTE DESCRIPTION: A 0.002 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 3.0 ACRE TRACT DESCRIBED AS TRACT I, AND CONVEYED TO THEODORE STAUB IN DOCUMENT NO. 9629245, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at the southwest corner of said 3.0 acre tract, the same being a point in the north line of that certain tract said to contain 0.65 acres, described as Tract II, conveyed to Theodore Staub in said Document No. 9629245, same being the southeast comer of that certain tract of land conveyed to Rodin' J Corporation, and recorded in Volume 1753, Page 835, of the Official Records of Williamson County, Texas, for the southwest corner and POINT OF BEGINNING of the herein described THENCE North 00°22'22" East, with the west line of said Tract I, the east line of said Rockin' J Corporation tract, a distance of 6.26 feet to a calculated point in the arc of a curve; THENCE along the arc of said curve to the right a distance of 39.09 feet, having a radius of 1050.00 feet, a central angle of 02°07'58", a chord which bears South 79°38'17" East, a chord distance of 39.08 feet to a calculated point in the south line of said Tract I, the north line of said Tract 11; THENCE North 88°51'18" West, with the north line of said Tract II, the south line of said Tract I, a distance of 38.49 feet, to the POINT OF BEGINNING. Containing 0.002 acres of land more or less. Randall S. Jones Registered Professio State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin, Taxan 78753 0,44._/ 24/6/ Date Surveyor No. 4391 S:U.and Projects R2\658sdop1Stsub Ldoe Revised: February 21, 2001 Pane 1 of 1 0 Vly� W 0 W W N A oq a zzz g B 3 N Quo - 05 3 3 3 O Z U Hu i o 0 d(0 Ja0 p00.. u (30 U 333:�•d w N O�WyO .`<)gz3 w .L ACCOMPANY 0 U W (f1 a 0 FO ce W a; a U iE ' FIELD NOTE DESCRIPTION: A 0.382 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WIL.LIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 0.65 ACRE TRACT, DESCRIBED AS TRACT II, AND CONVEYED TO THEODORE STATTR IN DOCUNIENT NO. 9629245, OF THE OFFICIAL RECORDS OF WIL.LIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the north right-of-way of County Road 113, known locally as Kiphen Road, for the southeast corner of said 0.65 acre tract, same being the southwest corner of that certain tract of land conveyed to MTV Iaveatments Limited in Document No. 9608169, of the Official Records of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE North 63°22'01" West, with the north line of said County Road 113, the south line of said 0.65 acre tract, a distance of 383.31 feet to a calculated point in the south line of that certain tract of land conveyed to Rockin' J Corporation, in Volume 1753, Page 835, of the Deed Records of Williamson County, Teras, for the west corner of said 0.65 acre tract, and for the northwest corner of this tract; THENCE departing the north line of said County Road 113, South 88°51'18" Bast, with the north line of said 0.65 acre tract, the south line of said Roolda' J Corporation tract, a distance of 18.24 feet passing the southeast corner of said Rockin' J Corporation tract, same being the southwest corner of that certain trail of land said to contain 3.00 acres, described u Tract I, and conveyed to Theodore Staub in said Document No. 9629245, continue with the south line of said Tract I, the north lime of said Tract 11, in all a total distance of 56.73 feet to a calculated point in the arc of a curve, for the northeast corner of this tract; THENCE along said curve to the right a distance of 305.18 feet, having a radius of 1050.00 feet, a central angle of 16°39'11", a chord which bears South 70°14'43" East, a chord distance of 304.11 feet to a calculated point in the east line of said 0.65 acre tract, the west line of said MTV Investments Limited tract, for the northeast corner of this tract; THENCE South 00°14'46" West, with the went line of said MTV Investments tract, the east line of said 0.65 acre tract, a distance of 67.91 fed to the POINT OF BEGINNING. Containing 0.382 acres of land more or less. RQei s c�-k- 2 i/oI Randall S. Jones Date • Registered Professi Land Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Auttian, Tau 78753 S:\Laad Projects 11216s88docsStaub 11.doc Revised: February 21,2001 Page 1 of 1 iron ¢2aa (.00'991) (3„£4.98.805) ,L51.9l M.,94.41.005 ,L6 L9 M„94.41.00S (3„£4,99.805) / 111 U z 0 z til D C/) • 16 W r r me sN / / / / / / / / / / / / I / / FILED AR RECOR ELS OFFICIAL PUBLIC RECORDS 10-04-200102:01 PM 2001073576 JACKIE $23.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS N THE STATE OF TEXAS § COUNTY OF WILLIAMSON § 02 A it -1011 P tk t4 SPECIAL WARRANTY DEED County Road 113 Right -of -Way EXHIBIT VI WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such N other property rights deemed necessary or convenient for the construction, ri expansion, enlargement, extension, improvement, or operation of a portion of T„+ the proposed County Road 113 ("Project"); and, 4 CV WHEREAS, the purchase of the hereinafter -described premises has been deemed 0 necessary or convenient for the construction, expansion, enlargement, o extension, improvement, or operation of the Project; N NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, THE PARRISH GANG, LTD., hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or pare;ls of land lying and being situated in the County of Williamson, State of. Texas, being more particularly described as follows: 0.161 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described by metes and bounds, in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners ii any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, C ORR/TRAN S PRT/CR 113CON/PARRI S HB W DE ED/00017661 1 DEC 21 2001 11:55 FR LOAN ADMINISTRATION 214 970 1440 TO 915126519252 P.03'03 • EXHIBIT FIELD NOTE D1fSCturTlObit A 0.161 A BEING A TRACT OR PARCEL OF LAND SITUATED IN WIXLIAMSON COUNTY, TEXAS, AND DEtNO our Of AND A PART OP TAA WILLIS DONAJIO SURVEY. ABSTRACT NO. 173, AND BITING A PART OF THAT CERTAIN 19.651 ACRE TRACT, CONVEYED TO ROCXAI' J CORP OOTAT1ON IN VOLUME 1733, PAGE 133 Of THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICUW11t1.Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: • 86'.01N1.41MG ata calculated point for the southerly, mom gutsily corner ofdald 19.651 acre tract, same being a point la the north TIM of that amain tray of laid desetlbed u Tract II, is a deed to Theodore Staub in Document No. 9629243 ottha Waal Records art Williaaoeon Cottony, Texas. saute being the woshweet comer ot that minis out of lead described as Tran 1, in a deed to Theodora Staub la said Document No. 9629243, for the southeast corm and FOINT OP BEGINNING of the bevels described tmct; THENCE North 13'31' l 1" West, with the south Ens of aid 19.651 sue tract, the north line of said Tract 11, a distance of 11.24 IbeI, passing the northwest touter timid Tram 11,. sate being a poiat in the south right-uPway Una of Coady Road 113, known locally u Ripka Road, amino. with the south right -or -way line andel County Rad 113, is all a total distance of 437.17 feel, to an iron rod found, for the southeast cornet of a Public Rout. teeorded in Volume 1473. Pep 113, of the Dyed Records of Williamson county, Tem, and for aha southwest corner of this mut 11IUNCE Noah 00•32 0M But, wish the east lite of said Public Road, a distance of 11.06 feet, to a calculated point. far the northwest comer of Ws tract; THENCE departing the eat Ute of said Publio Road, wooing mid 19.651 acre tram the Following two (2) courser. 1. South I1'37' 12' Eut, a dinaace 0292.62 feet, to a calculated point et the beginning oh a carve to the right: 2. Aloes the arc otsa d euros to the right a distance of 143.06 last. hiving a radius of 1050.00 feet, a cs Mral anile of 0V341e', a chard which bears South 14'39'44" East, a chord disarm 01,144.93 ret lo a celmdated point is the east Sae of aid 19.651 acre track the west Ste of said Tract T, fbr rbc *sorehead caner of ibis tract; TshLTNCI South 00'12'22" Weer. with the wit line of acid Tact Ohs east hoe of said 19.651 ten trent, a armee 06.26 feet to the POINT 0? BEGINNING. Containing 0.161 acres of laird more or teas. tat ZEAL Randall 5.luaee Rata Registered Prof •, La01 Surveyor No. 4391 State of Tanta R1 Surveying be. 1212 E. Braker Lim Ausdn, Tows 71753 • RECORDERS MEMORANDUM All or puts of the tett on this page was not dearly leplle for satisfactory recordation. S:wad foists R316stnaeowacaa taw Page 1 er�y 21, 2001 administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the O day of �cav e , 2002. THE PARRISH GANG, LTD. By: Printed 'DAN Vo..oRAISLP Title: G.,baL4 Acknowledgment Name: State of Texas County of UJ'1ic ILL uli egleRR This instrument was acknowledged before me on this the 3 Q , day of 7A�tMA(f , 2002 by :n#J lam. i�/9R1gi/SM of THE PARRISH GANG, LTD., on behalf of said limited partnership. Notary Public, State'df Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock; Teras" 711664 - FILED PNO R OFFICIAL PUBLIC RECORDS 1' 1 etiSkik*A. 02-12-200x12:28 PM 2002011743 ANDERSON $13.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS CORRfFRANSPRT/CRI I3CON/PARRISH/S WDEED/00017661 2 N j n Subject Tract 3 Sl s 0.451 ac ' Subject Tract 1 CL 0.545 ac E"Old-So ttlers Blvd Subject Tract 4 Subject Tract 2 0.137 ac 0.098 ac 'r Ordinance No. A-08-10-23-1165 Annexing 0.545 acres, being East Old Settlers Boulevard right-of-way immediately east of Rockin' J Road. 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 2008083385 Ei 11/05/2008 10:31 AM CMCNEELY $92.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS