A-08-11-13-11C2 - 11/13/2008ORDINANCE NO. A - (.o' 1 H33- 1G 2.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
112.180 ACRES OF LAND, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK
SURVEY, ABSTRACT NO. 255, 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 112.180 acre tract of land out of the
Willis Donaho Survey, Abstract No. 173 and the Thomas Glasscock
Survey, Abstract No. 255, in Williamson County (the "Property"),
more fully described in Exhibit "A", have petitioned the
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, and
City
0:\wdox\ORDINANC\081113C2.DOC/rmc
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.
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
3
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 12;1'day
of f\/ 0V-EA/vt. l. , 2008.
4
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.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
5
Annex -1
1 12.180 Acres Tract
Page 1 of 3
4
EXHIBIT
«A„
DESCRIPTION
FOR A 112.180 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CAI:.I.,E_D 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, AND ALL OF THAT CERTAIN "TRACT IV"
DESCRIBED IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD
IN DOCUMENT NO. 2002071136, OF THE OFFICIAL PUBLIC- RECORDS
OF WILLIAMSON COUNTY, SAID 112.180 ACRE TRACT, AS SHOWN ON
THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northeast corner of Settlers Overlook Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County, same being
the northwest corner of a called 5.00 acre tract of .land described in deed to William E. Bills of
record in Document No. 199946700 of the Official Public Records of said County, same being
the south line of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Settlers Overlook, Section 3", same being the south
line of a Remnant Portion of said 1200.19 acre tract. S 68° 55' 37" W for a distance of 458.50
feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. N 19° 53' 40" W
for a distance of 2542.27 feet to a point on the approximate centerline of County Road 112.
(right-of-way width varies), same being the south line of a called 868.54 acre tract of land
described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No.
9824076 of the Official Records of said County, for an angle point hereof,.
THENCE with the approximate centerline of said County Road 1.12, same being the south line
of said 868.54 acre tract. N 70° 06' 20" E for a distance of 1135.62 feet for an angle point
hereof.
Annex -1
112.180 Acres Tract
Page 2 of 3
THENCE S 21° 41' 55" E for a distance of 42.51 feet to a point on the south right-of-way line
of said County Road 112, same being the northwest corner of said "Tract IV"' for an angle point
hereof;
THENCE in part with the south right-of-way line of said County Road 112, as fenced on the
ground, and in part with the north line of said "Tract IV'. and in part with the north line of a
Remnant Portion of said 1200.19 acre tract, N 69° 54' 57" E for a distance of 789.16 feet to a
point of intersection of said County Road 112 and County Road 117 (right-of-way width varies),
for an angle point hereof;
THENCE with the west right-of-way line of said County Road 117, as fenced on the ground,
S 21° 06' 17" E for a distance of 2389.51 feet for an angle point hereof;
THENCE crossing said County Road 117_ the following three (3) courses and distances:
1. N 68° 09' 05" E for a distance of 150.03 feet for an angle point hereof.
2. S 23° 01' 55" E for a distance of 56.67 feet for the southeast corner hereof. and
3. S 69° 19' 05" W for a distance of 8.61 feet to a point in the west right-of-ways line of said
County Road 117, said point being the northeast corner of a called 4.9958 acre tract of
land described in deed to Kenneth J. Pine Jr. and Wisam B. Pine of record in Document
No. 2000058706 of the Official Public Records of said County, for an angle point hereof;
THENCE in part with the north line of said 4.9958 acre tract. S 68° 15' 17" W for a distance of
737.14 feet for the northwest corner of said 4.9958 acre tract, salve being the northeast corner of
a called 2.49 acre tract of land described in deed to Thomas J. Pruett and Peggy R. Pruett of
record in Volume 864, Page 606 of the Deed Records of said County, for an angle point hereof;
THENCE in part with the north line of said 2.49 acre Pruett tract. S 68° 25' 01" W for a
distance of 184.97 feet for the northwest corner of said 2.49 acre Pruett tract, same being the
northeast corner of a called 2.49 acre tract of land described in deed to Donna J. Conley of record
in Document No. 2006079806 of the Official Public Records of said County, for an angle point
hereof:
THENCE in part with the north line of said 2.49 acre Conley tract, S 68° 12' 15" W for a
distance of 209.84 feet for the northwest corner of said 2.49 acre Conley tract, same being the
northeast corner of a called 5.00 acre tract of land described in deed to William E. Bills of record
in Document No. 199946700 of the Official Public Records of said County, for an angle point
hereof:
Annex -1
112.180 Acres Tract
Pave 3 of 3
THENCE in part with the north line of said 5.00 acre tract. S 68° 21' 40" W for a distance of
531.50 feet to the POINT OF BEGINNING hereof and containing 112.180 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September. 2003.
Surveyed under the direct supervision of the undersigned during October. 2008:
Parker J. Graham f
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512)-260-3700
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AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
AVERY RANCH COMPANY, LTD
TRACT IV
(CALLED 25.29 ACRES)
DOCUMENT NO. 2002071136
O.P.R.W.C., TX
1
112.18 ACRES
POB 1
AVERY RANCH COMPANY, LTD.
TRACT IV
(CALLED 1.72 ACRES)
DOCUMENT NO. 2002071136
O.P.R.W.C., TX
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
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ABAKER-AICKLEN
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Engineers • Surveyors • GIS • Planning
405 BRUSHY GREEK RD.
CEDAR PARK, TX 78613
(51 2) 260-3700
W:\PROJECTSWVERY@CHANDLER RD\AVERY OVERALL ANNEXATIONIDWG\AVERY CENTRE ANNEXATION-OVERALL.dwg jANNEX-1) October 27, 2008- 10:41am
ANNEXATION OR CITY LIMITS EXTENSION
EXHIBIT
a "B"
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:
WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED �r,-,�
TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 5 ✓ t 5?4,S
2002071336, Official Public Records of Williamson County.
Avery Ranch Company, Ltd., a Texas
Limited partnership
By: CJAC, Inc., a Texas corporation,
It General Partner
By:
S. Avery, Sr., its President
Jo . Avery, Trustee of the Children of Lucille
Sh. . Avery Trusts, the Charles N. Avery, III Exempt
Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust.
Owner(s)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr.
this 2-5 t \`day of October, 2008, A.D.
#L_._
REBECCA K. HEFNER
Notary Public, State of Texas
My Commission Expires
July 30, 2010
Notary Public, State of Texas
Revised 5-17-05
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this .1 day of October, 2008, by
John S. Avery, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of
Avery Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC,
Inc., its General Partner, and for the purposes and consideration therein expressed and in
the capacity therein stated, and that he was authorized to do so.
rY
Notary Public -State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
AF;.F. ,. REBECCA K. HEFNER
/► Notary Public, State of Texas
•gip,: My Commission Expires
„,, July 30, 2010
J
This instrument was acknowledged before me on this « f' ” 'clay of October,
2008, by John S. Avery, Sr., Trustee of the Children of Lucille Sharp Avery Trusts, the
Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust.
r
Notary Public - State of Texas
REBECCA K. HEFNER
E Notary Public, State of Texas
My Commission Expires
July 30, 2010
DATE RECEIVED:
CITY COUNCIL HEARING:
Revised 5-17-05
Annex -1
112.180 Acres Tract
Page 1 of 3
DESCRIPTION
FOR A 112.180 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY. ABSTRACT NO. 173 AND TN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY.
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, AND ALL OF THAT CERTAIN "TRACT IV"
DESCRIBED IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD
IN DOCUMENT NO. 2002071136, OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, SAID 112.180 ACRE TRACT, AS SHOWN ON
THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northeast corner of Settlers Overlook Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County. same being
the northwest corner of a called 5.00 acre tract of land described in deed to William E. Bills of
record in Document No. 199946700 of the Official Public Records of said County, same being
the south line of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Settlers Overlook, Section 3", same being the south
line of a Remnant Portion of said 1200.19 acre tract. S 68° 55' 37" W for a distance of 458.50
feet for an angle point hereof:
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. N 19° 53' 40" W
for a distance of 2542.27 feet to a point on the approximate centerline of County Road 112.
(right-of-way width varies), same being the south line of a called 868.54 acre tract of land
described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No.
9824076 of the Official Records of said County, for an angle point hereof,
THENCE with the approximate centerline of said County Road 112, same being the south line
of said 868.54 acre tract. N 70° 06' 20" E for a distance of 1135.62 feet for an angle point
hereof,
Annex -1
1 12.180 Acres Tract
Page 2 of 3
THENCE S 21° 41' 55" E for a distance of 42.51 feet to a point on the south right-of-way line
of said County Road 112, same being the northwest comer of said "Tract IV" for an angle point
hereof;
THENCE in part with the south right-of-way line of said County Road 112, as fenced on the
ground, and in part with the north line of said 'Tract IV", and in part with the north line of a
Remnant Portion of said 1200.19 acre tract, N 69° 54' 57" E for a distance of 789.16 feet to a
point of intersection of said County Road 112 and County Road 117 (right-of-way width varies),
for an angle point hereof;
THENCE with the west right-of-way line of said County Road 117, as fenced on the ground,
S 21° 06' 17" E for a distance of 2389.51 feet for an angle point hereof;
THENCE crossing said County Road 117, the following three (3) courses and distances:
1. N 68° 09' 05" E for a distance of 150.03 feet for an angle point hereof.
2. S 23° 01' 55" E for a distance of 56.67 feet for the southeast corner hereof. and
3. S 69° 19' 05" W for a distance of 8.61 feet to a point in the west right-of-way line of said
County Road 117, said point being the northeast corner of a called 4.9958 acre tract of
land described in deed to Kenneth J. Pine Jr. and Wisam B. Pine of record in Document
No. 2000058706 of the Official Public Records of said County, for an angle point hereof;
THENCE in part with the north line of said 4.9958 acre tract, S 68° 15' 17" W for a distance of
737.14 feet for the northwest corner of said 4.9958 acre tract, same being the northeast corner of
a called 2.49 acre tract of land described in deed to Thomas J. Pruett and Peggy R. Pruett of
record in Volume 864, Page 606 of the Deed Records of said County, for an angle point hereof:
THENCE in part with the north line of said 2.49 acre Pruett tract. S 68° 25' 01" W for a
distance of 184.97 feet for the northwest corner of said 2.49 acre Pruett tract, same being the
northeast corner of a called 2.49 acre tract of land described in deed to Donna J. Conley of record
in Document No. 2006079806 of the Official Public Records of said County, for an angle point
hereof;
THENCE in part with the north line of said 2.49 acre Conley tract, S 68° 12' 15" W for a
distance of 209.84 feet for the northwest corner of said 2.49 acre Conley tract, same being the
northeast corner of a called 5.00 acre tract of land described in deed to William E. Bills of record
in Document No. 199946700 of the Official Public Records of said County, for an angle point
hereof;
Annex -1
112.180 Acres Tract
Page 3 of 3
THENCE in part with the north line of said 5.00 acre tract. S 68° 21' 40" W for a distance of
531.50 feet to the POINT OF BEGINNING hereof and containing 112.180 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October. 2008:
Parker J. Graham
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park_ Texas 78613
(512)-260-3700
Job No.: 1774-2-001-00
Filename: W:\PROJECTS\AVERY CHANDLER RD\AVERY OVERALL ANNEXATION\METES
& BOUNDS\AVL-RY ANNEX-1.DOC
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REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
AVERY RANCH COMPANY, LTD.
TRACT IV
(CALLED 25.29 ACRES)
DOCUMENT NO. 2002071136
0.P.R.W.C., TX
1
112.18 ACRES
POB 1
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TRACT IV
(CALLED 1.72 ACRES)
DOCUMENT NO. 2002071136
0.P.R.W.C., TX
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JOB NO. 1774-2-001-00
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BAKER-AICKLEN
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Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK RQ
CEDAR PARK, TX 75513
(51 2) 260.3700
W:(PROJECTSIAVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWG\AVERY CENTRE ANNEXATION-OVERALL.dwg jANNEX-1) October 27, 2008- 10:41am
DATE: November 6, 2008
SUBJECT: City Council Meeting — November 13, 2008
ITEM: 11C2. Consider an ordinance annexing 112.180 acres of land south of CR112
and east of North A.W. Grimes Boulevard, also known as the Avery
Centre East Tract 1. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
This is a petition for voluntary annexation. The Avery Family is requesting annexation and
zoning of approximately 900 acres for a master -planned, mixed use development near the
higher education centers in the northeast. Owing to a technicality of the Texas Local
Government Code, no tract to be voluntarily annexed may be more than one-half (1/2) mile in
width. Consequently, the proposed development area consists of a number of smaller tracts
for annexation purposes.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This tract of land is currently 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
11111111111111111111111111111111111111111111
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
11111111111111 ORD
17 PGS
2008088069
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 -08-11-13-11C2 which annexes 112.180 of land south of CR 112 and east
of North A.W. Grimes Boulevard, also known as Avery Centre East Tract 1. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 13th day of November 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 18th day of November 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. A- 0'1(-(3- //G2.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
112.180 ACRES OF LAND, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK
SURVEY, ABSTRACT NO. 255, 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 112.180 acre tract of land out of the
Willis Donaho Survey, Abstract No. 173 and the Thomas Glasscock
Survey, Abstract No. 255, 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, and
0:\wdox\ORDINANC\081113C2. DOC/rmc
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.
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
3
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 13 day
of .I aVF. L{,V''
, 2008.
4
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2008.
SARA L. WHITE, City Secretary
r,1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
Annex -1
112.180 Acres Tract
Page 1 of 3
EXHIBIT
«A„
DESCRIPTION
FOR A 112.180 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT 1N DEED TO AVERY RANCH
COMPANY; LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, AND ALL OF THAT CERTAIN "TRACT IV"
DESCRIBED IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD
IN DOCUMENT NO. 20020711.36, OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, SAID 112.180 ACRE TRACT, AS SHOWN ON
THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northeast corner of Settlers Overlook Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County, same being
the northwest corner of a called 5.00 acre tract of land described in deed to William E. Bills of
record in Document No. 199946700 of the Official Public Records of said County, same being
the south line of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Settlers Overlook, Section 3", same being the south
line of a Remnant Portion of said 1200.19 acre tract. S 68° 55' 37" W for a distance of 458.50
feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, N 19° 53' 40" W
for a distance of 2542.27 feet to a point on the approximate centerline of County Road 112,
(right-of-way width varies), same being the south line of a called 868.54 acre tract of land
described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No.
9824076 of the Official Records of said County, for an angle point hereof,
THENCE with the approximate centerline of said County Road 112, same being the south line
of said 868.54 acre tract. N 70° 06' 20" E for a distance of 1135.62 feet for an angle point
hereof
Annex -1
112.180 Acres Tract
Pace 2 of 3
THENCE S 21° 41' 55" E for a distance of 42.51 feet to a point on the south right-of-way line
of said County Road 112, same being the northwest corner of said "Tract IV" for an angle point
hereof;
THENCE in part with the south right-of-way line of said County Road 112, as fenced on the
around, and in part with the north line of said "Tract IV", and in part with the north line of a
Remnant Portion of said 1200.19 acre tract. N 69° 54' 57" E for a distance of 789.16 feet to a
point of intersection of said County Road 112 and County Road 117 (right-of-way width varies),
for an angle point hereof;
THENCE with the west right-of-way line of said County Road 117, as fenced on the aground.
S 21° 06' 17" E for a distance of 2389.51 feet for an angle point hereof;
THENCE crossing said County Road 117, the following three (3) courses and distances:
1.
N 68° 09' 05" E for a distance of 150.03 feet for an angle point hereof.
S 23° 01' 55" E for a distance of 56.67 feet for the southeast confer hereof. and
3. S 69° 19' 05" W for a distance of 8.61 feet to a point in the west right-of-way line of said
County Road 117, said point being the northeast corner of a called 4.9958 acre tract of
land described in deed to Kenneth J. Pine Jr. and Wisam B. Pine of record in Document
No. 2000058706 of the Official Public Records of said County, for an angle point hereof:
THENCE in part with the north line of said 4.9958 acre tract. S 68° 15' 17" W for a distance of
737.14 feet for the northwest corner of said 4.9958 acre tract; same being the northeast corner of
a called 2.49 acre tract of land described in deed to Thomas J. Pruett and Peggy R. Pruett of
record in Volume 864; Page 606 of the Deed Records of said County, for an angle point hereof;
THENCE in part with the north line of said 2.49 acre Pruett tract. S 68° 25' 01" W for a
distance of 184.97 feet for the northwest corner of said 2.49 acre Pruett tract, same being the
northeast corner of a called 2.49 acre tract of land described in deed to Donna J. Conley of record
in Document No. 2006079806 of the Official Public Records of said County, for an angle point
hereof;
THENCE in part with the north line of said 2.49 acre Conley tract, S 68° 12' 15" W for a
distance of 209.84 feet for the northwest corner of said 2.49 acre Conley tract, same being the
northeast corner of a called 5.00 acre tract of land described in deed to William E. Bills of record
in Document No. 199946700 of the Official Public Records of said County, for an angle point
hereof;
Annex -1
112.180 Acres Tract
Page 3 of 3
THENCE in part with the north line of said 5.00 acre tract, S 68° 21' 40" W for a distance of
531.50 feet to the POINT OF BEGINNING hereof and containing_ 112.180 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September. 2003.
Surveyed under the direct supervision of the undersigned during October; 2008:
Parker J. Graham
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512)-260-3700
Job No.: 1774-2-001-00
Filename: W:\PROJECTS\AVERYa?CHANDLER RD\AVERY OVERALL ANNEXATION\METES
& BOUNDS\AVERY ANNEX -].DOC
3
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AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
AVERY RANCH COMPANY, LTD.
TRACT IV
(CALLED 25.29 ACRES)
DOCUMENT NO. 2002071136
O.P.R.W.C., TX
1
112.18 ACRES
POB 1
•
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AVERY RANCH COMPANY, LTD.
TRACT IV
(CALLED 1.72 ACRES)
DOCUMENT NO. 2002071136
O.P.R. W.C., TX
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
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BAKER-AlCKLEN
& ASSOCIATES, INC.
Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK RO.
CEDAR PARK, 7X']8613
1512) 260.3700
W:\PROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWG\AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX-1)October 27, 2008 - 10:41am
ANNEXATION OR CITY LIMITS EXTENSION
EXHIBIT
"B""
•
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:
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. ✓ -526g
,,,,,a
2002071336, Official Public Records of Williamson County.
Avery Ranch Company, Ltd., a Texas
Limited partnership
By: CJAC, Inc., a Texas corporation,
It General Partner
By:
S. Avery, Sr., its resident
��'l.u., .L,
Jo i . Avery, Trustee of the Children of Lucille
Sh. . Avery Trusts, the Charles N. Avery, III Exempt
Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust.
Owner(s)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr.
this 2-�1' - day of October, 2008, A.D.
¢ �
REBECCA K. HEFNER
".`"1- Notary Public, State of Texas ))�``_s. My Commission Expires
`I y''p'fOi\E,,`�� July 30, 2010
IIIIII\\
Notary Public, State of Texas
Revised 5-17-05
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 7day of October, 2008, by
John S. Avery, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of
Avery Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC,
Inc., its General Partner, and for the purposes and consideration therein expressed and in
the capacity therein stated, and that he was authorized to do so.
��—P•�� fes, / e�,�, _
Notary Public -State of Texas , /
STATE OF TEXAS
COUNTY OF WILLIAMSON
,4-Frr71 REBECCA K. HEFNER
Notary Public, State of Texas
My Commission Expires
July 30, 2010
This instrument was acknowledged before me on this d C/bay of October,
2008, by John S. Avery, Sr., Trustee of the Children of Lucille Sharp Avery Trusts, the
Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust.
6akte Gf CAAIA./A r02--' (/17
Notary Public - State of Texas V
REBECCA K. HEFNER
Notary Public, State of Texas
My Commission Expires
July 30, 2010
DATE RECEIVED:
CITY COUNCIL HEARING:
Revised 5-17-05
Annex -1
1 12.1 80 Acres Tract
Page 1 of 3
EXHIBIT
«A„
DESCRIPTION
FOR A 112.180 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
0.P.R.W.C., TEXAS, AND ALL OF THAT CERTAIN "TRACT IV"
DESCRIBED IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD
IN DOCUMENT NO. 2002071136, OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, SAID 112.180 ACRE TRACT, AS SHOWN ON
THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northeast corner of Settlers Overlook Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220,, of the Plat Records of said County, same being
the northwest corner of a called 5.00 acre tract of land described in deed to William E. Bills of
record in Document No. 199946700 of the Official Public Records of said County, same being
the south line of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Settlers Overlook, Section 3", same being the south
line of a Remnant Portion of said 1200.19 acre tract, S 68° 55' 37" W for a distance of 458.50
feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. N 19° 53' 40" W
for a distance of 2542.27 feet to a point on the approximate centerline of County Road 112,
(right-of-way width varies), same being the south line of a called 868.54 acre tract of land
described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No.
9824076 of the Official Records of said County, for an angle point hereof,
THENCE with the approximate centerline of said County Road 112, same being the south line
of said 868.54 acre tract, N 70° 06' 20" E for a distance of 1135.62 feet for an angle point
hereof.
Annex -1
112.] 80 Acres Tract
Page 2 of 3
THENCE S 21° 41' 55" E for a distance of 42.51 feet to a point on the south right-of-way line
of said County Road 112, same being the northwest corner of said "Tract IV" for an angle point
hereof:
THENCE in part with the south right-of-way line of said County Road 112, as fenced on the
ground, and in part with the north line of said "Tract IV", and in part with the north line of a
Remnant Portion of said 1200.19 acre tract; N 69° 54' 57" E for a distance of 789.16 feet to a
point of intersection of said County Road 112 and County Road 117 (right-of-way width varies),
for an angle point hereof;
THENCE with the west right-of-way line of said County Road 117, as fenced on the ground.
S 21° 06' 17" E for a distance of 2389.51 feet for an angle point hereof;
THENCE crossing said County Road 117, the following three (3) courses and distances:
1. N 68° 09' 05" E for a distance of 150.03 feet for an angle point hereof
2. S 23° 01' 55" E for a distance of 56.67 feet for the southeast corner hereof. and
3. S 69° 19' 05" W for a distance of 8.61 feet to a point in the west right-of-way line of said
County Road 117, said point being the northeast corner of a called 4.9958 acre tract of
land described in deed to Kenneth J. Pine Jr. and Wisam B. Pine of record in Document
No. 2000058706 of the Official Public Records of said County, for an angle point hereof;
THENCE in part with the north line of said 4.9958 acre tract. S 68° 15' 17" W for a distance of
737.14 feet for the northwest corner of said 4.9958 acre tract, same being the northeast corner of
a called 2.49 acre tract of land described in deed to Thomas J. Pruett and Peggy R. Pruett of
record in Volume 864, Page 606 of the Deed Records of said County, for an angle point hereof;
THENCE in part with the north line of said 2.49 acre Pruett tract, S 68° 25' 01" W for a
distance of 184.97 feet for the northwest corner of said 2.49 acre Pruett tract, same being the
northeast corner of a called 2.49 acre tract of land described in deed to Donna J. Conley of record
in Document No. 2006079806 of the Official Public Records of said County, for an angle point:
hereof;
THENCE in part with the north line of said 2.49 acre Conley tract, S 68° 12' 15" W for a
distance of 209.84 feet for the northwest corner of said 2.49 acre Conley tract, same being the
northeast corner of a called 5.00 acre tract of land described in deed to William E. Bills of record
in Document No. 199946700 of the Official Public Records of said County, for an angle point.
hereof;
Annex -1
112.180 Acres Tract
Page 3 of 3
THENCE in part with the north line of said 5.00 acre tract.. S 68° 21' 40" W for a distance of
531.50 feet to the POINT OF BEGINNING hereof and containing 112.180 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAI.) 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October, 2008:
Parker J. Graham V
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512)-260-3700
Job No.: 1774-2-001-00
Filename: W:\PROJECTS\AVERYOCHANDLER RD\AVERY OVERALL ANNEXATION\METES
& BOUNDS\AVERY ANNEX-1.DOC
32
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SKETCH TO ACCOMPANY DESCRIPTION
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AVERY RANCH COMPANY, LTD \
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
AVERY RANCH COMPANY, LTD.
TRACT IV
(CALLED 25.29 ACRES)
DOCUMENT NO. 2002071136
O.P.R. W.C., TX
1
112.18 ACRES
POB 1
AVERY RANCH COMPANY, LTD.
TRACT IV
(CALLED 1.72 ACRES)
DOCUMENT NO. 2002071136
O.P.R.W.C., TX
5'
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pooQQ.
DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
0 200 400
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BAKER-AICKLEN
& ASSOCIATES, INC.
Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK RD.
CEDAR PARK, TK 76613
1512) 26037130
WIPROJECTSIAVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWGIAVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -1) October 27, 2008- 10:41am
RECORDERS MEMORANDUM
AD or part of the text on this page was not
clearly legible for satisfactory recordation.
Ordinance No. A -08-11-13-11C2
Annexing 112.180 acres (Avery Centre East Tract 1)
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 2008088069
11/26/2008 04:28 PM
CMCNEELY $80.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS