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A-08-11-13-11C4 - 11/13/2008ORDINANCE NO. A - 06- ((�13 -11(4 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 87.170 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 87.170 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\081113C4.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 rOL day of oit&vv,A-2-e/, 2008. 4 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. ATTEST: FY4444/1, u Pick SARA L. WHITE, City Secretary x'1'1✓1._---- ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -3 87.170 Acres Tract Page 1 of 2 EXHIBIT «A„ DESCRIPTION FOR A 87.170 ACRE TRACT OF LAND SITUATED IN THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THF 'THOMAS GLASSCOCK SURVEY, ABSTRACT NO, 255 WILLIAM.SON 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, SAID 87.170 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northeast corner of a called 152.38 acre tract described in deed to the Wallin Family Investments of record in Document No. 2003057844 of the Official Public Records of said County, same being a point on 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 with the north line of said 152.38 acre tract, same being the south line of a Remnant Portion of said 1200.] 9 acre tract. S 68° 51' 29" W for a distance of 46.34 feet for an angle point hereof: THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, N 05° 53' 55" E for a distance of 2827.11 feet to a point on the approximate centerline of County Road 112. (right-of-way width varies), for an angle point hereof: THENCE with the approximate centerline of said County Road 112 the following two (2) courses and distances: 1. N 67° 04' 28" E for a distance of 580.52 feet for an angle point hereof. and 2. N 68° 38' 34" E for a distance of 249.41 feet for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. S 21° 27' 24" E for a distance of 2567.42 feet to a point on the north line of "Saddlebrook Estates. Section 2", a subdivision according to the plat of record in Cabinet F. Slides 42-43 of the Plat Records of said County, same being the south line of a Remnant Portion of said 1200.19 acre tract for an angle point hereof; THENCE in part with the north line of said '`Saddlebrook Estates, Section 2°', S 68° 53' 46" W for a distance of 842.33 feet to the northwest corner of said "Saddlebrook Estates. Section 2". Annex -3 87.170 Acres Tract Page 2 of 2 same being the northeast corner of '`Saddlebrook Estates. Section 1" a subdivision according to the plat of record in Cabinet F, Slides 40-41 of the Plat Records of said County, for an angle point hereof: THENCE in part with the north line of said "Saddlebrook Estates, Section 1 ". S 68°50'49" W for a distance of 630.00 feet to the northwest corner of said "Saddlebrook Estates. Section 1", same being the northeast corner of "Pecan Hills', a subdivision according to the plat of record in Cabinet E, Slide 349 of the Plat Records of said County, for an angle point hereof_ THENCE in part with the north line of said "Pecan Hills". S 68°51'53" W for a distance of 610.06 feet to the northwest corner of said "Pecan Hills'', same being a point on the east boundary line of said 152.38 acre tract, for an angle point hereof; THENCE with the east line of said 152.38 acre tract. N 21° 41' 12" W for a distance of 29.80 feet to the POINT OF BEGINNING hereof and containing 87.170 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:APROJECTS\AVERYri?CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOIJNDS\AVERY ANNEX-3.DOC SKETCH TO ACCOMPANY DESCRIPTION OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS S 89°38'09" W 250.80' • 1.1130°291 R = 1460.00' DELTA = 15°59'02" ARC = 407.30' BRG. = S 77°04'11" W CH. = 405.98' • " 80' '03" 2' 42" E ti 6 V4 5*";b9.5 • • N E II �N 68°38 55�°pA a 5 j49 p1 N 240,00,0" W 9 5a0y2 8e 3g34 cP,�ZpN 40.D0' 5T°OA $ 59052 PSE �p 1p al°og2a PPPp XS JRJEV V4 249 q1, R = 1540.00' DELTA = 15°59'02" ARC = 429.62' BRG. = N 77°04'11" E CH. = 428.23' WILLIAMSON COUNTY (3.346 ACRES) DOCUMENT NO. 2005010992 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS Z c? • N to h • S 68°51'29" W 46.34' N 21°41'12" W 29.80' a • `'8°51�P.r. ot 5 N 20°55'20" W 40.00' 55°.\8 5 aa6 0� LOt 6 S0 0 SEI.3A ot t�/\\ \s ntb 3 87.17 ACRES 0 i N 68°38'34" E 61.72' 200 AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT N0. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 400 5 a8°5� A vt b VK EP9 o \ t �Ot 2 D�$ER�pe15V0E3 \ c.0040,..01,1 'Cly PBx.. DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG N 84233 S a8 53 4a 2 71.73 ACF L01 VOt 9 �t8 -5 `Ot 1 �pp\F�u t5,4�A3 , BAKER-AlCKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 7B613 (51 2) 260-3700 W:\PROJECTS VWERY@CHANDLER RD\AVERY OVERALL ANNEXATION \DWG \AVERY CENTRE ANNEXATION-OVERALL.d g [ANNEX -3) October 27, 2008 - 10:41am ANNEXATION OR CITY LIMITS EXTENSION a a 3 EXHIBIT nBn 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. %1626, 2002071336, Official Public Records of Williamson County..91,14 Avery Ranch Company, Ltd., a Texas Limited partnership By: CJAC, Inc., a Texas corporation, It General Partner Bv• S. Avery, Sr., it resident S l Jo r . Avery, Trustee the Children of Lucille Sh.1 . 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 day of October, 2008, A.D. 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 - 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. Notary Public -State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON Notary public HEFNER %'�i •. Pc'Stat f , iao,�. My Commission Expires Texas July 30, 2010 This instrument was acknowledged before me on this day 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. Notary Public - State of Texas REBECCA K. HEFNER Notary Public, State of Tex=+s My Commission Expires July 30, 2010 DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -3 87.170 Acres Tract Page 1 of 2 EXHIBIT «A„ DESCRIPTION FOR A 87.170 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 20020713 36. O.P.R.W.C., TEXAS, SAID 87.170 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northeast corner of a called 152.38 acre tract described in deed to the Wallin Family Investments of record in Document No. 2003057844 of the Official Public Records of said County, same being a point on 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 with the north line of said 152.38 acre tract, same being the south line of a Remnant Portion of said 1200.19 acre tract. S 68° 51' 29" W for a distance of 46.34 feet for an angle point hereof_ THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, N 05° 53' 55" E for a distance of 2827.11 feet to a point on the approximate centerline of County Road 112. (right-of-way width varies), for an angle point hereof. THENCE with the approximate centerline of said County Road 112 the following two (2) courses and distances: 1. N 67° 04' 28" E for a distance of 580.52 feet for an angle point hereof, and 2. N 68° 38' 34" E for a distance of 249.41 feet for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 21° 27' 24" E for a distance of 2567.42 feel to a point on the north line of "Saddlebrook Estates. Section 2", a subdivision according to the plat of record in Cabinet F. Slides 42-43 of the Plat Records of said County, same being the south line of a Remnant Portion of said 1200.19 acre tract for an angle point hereof: THENCE in part with the north line of said "Saddlebrook Estates, Section 2", S 68° 53' 46" W for a distance of 842.33 feet to the northwest corner of said "Saddlebrook Estates, Section 2". Annex -3 87.170 Acres Tract Page 2 of 2 same being the northeast corner of "Saddlebrook Estates. Section 1" a subdivision according to the plat of record in Cabinet F. Slides 40-41 of the Plat Records of said County, for an angle point hereof: THENCE in part with the north line of said "Saddlebrook Estates, Section 1'', S 68°50'49" W for a distance of 630.00 feet to the northwest corner of said "Saddlebrook Estates. Section 1", same being the northeast corner of "Pecan Hills", a subdivision according to the plat of record in Cabinet E, Slide 349 of the Plat Records of said County, for an angle point hereof: THENCE in part with the north line of said "Pecan Hills'. S 68°51'53" W for a distance of 610.06 feet to the northwest corner of said `Pecan Hills", same being a point on the east boundary- line of said 152.38 acre tract, for an angle point hereof: THENCE with the east line of said 152.38 acre tract, N 21° 41' 12" W for a distance of 29.80 feet to the POINT OF BEGINNING hereof and containing 87.170 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:APROJECTS\AVERy4iCHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-3.DOC SKETCH TO ACCOMPANY DESCRIPTION OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS S 89°38'09" W R = 1460.00' DELTA = 15°59'02" ARC = 407.30'NN BRG. = S 77°04'11" W •0440 15 CH. = 405.98' 5 ag269. N6 • • 250.80' • N 80°291 2' 2' "03" 2' 42" E " BD' • R = 1540.00' DELTA = 15°59'02" ARC = 429.62' BRG. = N 77°04'11" E CH. = 428.23' WILLIAMSON COUNTY (3.346 ACRES) DOCUMENT NO. 2005010992 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS h 17 I I 5 60g94Q N 2b°55'20" W B 40.00' 51°042 • S 68°51'29" W 46.34' N2 • 1.919° `5651°51r.1 -'n n\ 5a0 52 249 q1 569 • 249 41 N68°36 �OCp''�1�N 58052 11Ap,1E LINA N61°aQ2e PPQOC. XSUR.\J N 20°55'20" W 40.00' 3 87.17 ACRES 5 a1'° 1°41'12" W got o 29.80' 51,53 NJ \ S 6$"610 06 got 6 \ ,�SUO .ot 6 �p8` pP a$\/ s nt e DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG e,50° 49' `ot 0\\` ESth\,5 4 p,5 -0r SVDES 0 i N 68°38'34" E 61.72' 200 AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT NO. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS z 400 v0 S 68°53 46 \N N `01 6 `pt 2 71.73 ACF 5 0°53 ,01 g Es'cPg-S _01 BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK R0. CEDAR PARK, TX 78613 1512) 260-3700 W.\PROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWGIAVERY CENTRE ANNEXATION-OVERALL.dwg [ANNEX -31 October 27, 2008 - 10:41am DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 11C4. Consider an ordinance annexing 87.170 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 3. (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 11111111111111111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 11111111111111 II iii II ORD 15 PGS 2008088071 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 -08-11-13-11C4 which annexes 87.170 acres of land south of CR 112 and east of North A.W. Grimes Boulevard, also known as Avery Centre East Tract 3. 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. Zim44/1 . Rief:( SARA L. WHITE, City Secretary ORDINANCE NO. A - oo- -1 16 -1 - AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 87.170 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 87.170 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 O:\WDOX\OADINANC\081113C4.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 1����Vw�-P/1�� , 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. F914444, ct aikbe SARA L. WHITE, City Secretary 111 ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -3 87.170 Acres Tract Page 1 of EXHIBIT «A„ DESCRIPTION FOR A 87.170 ACRE TRACT OF LAND SITUATED IN THE WILLIS DONAHUE SURVEY„ABSTRACT NO. 173 AND IN THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 WIL.LIAM.SON 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, SAID 87.170 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northeast corner of a called 152.38 acre tract described in deed to the Wallin Family Investments of record in Document No. 2003057844 of the Official Public Records of said County, same being a point on 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 with the north line of said 152.38 acre tract, same being the south line of a Remnant Portion of said 1200.19 acre tract_. S 68° 51' 29" W for a distance of 46.34 feet for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, N 05° 53' 55" E for a distance of 2827.11 feet to a point on the approximate centerline of County Road 112, (right-of-way width varies), for an angle point hereof. THENCE with the approximate centerline of said County Road 112 the following two (2) courses and distances: 1. N 67° 04' 28" E for a distance of 580.52 feet for an angle point hereof, and 2. N 68° 38' 34" E for a distance of 249.41 feet for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 21° 27' 24" E for a distance of 2567.42 feet to a point on the north line of "Saddlebrook Estates. Section 2", a subdivision according to the plat of record in Cabinet F, Slides 42-43 of the Plat Records of said County, same being the south line of a Remnant Portion of said 1200.19 acre tract for an angle point hereof; THENCE in part with the north line of said "Saddlebrook Estates. Section 2", S 68° 53' 46" W for a distance of 842.33 feet to the northwest corner of said "Saddlebrook Estates, Section 2''. Annex -3 87.170 Acres Tract Page 2 of 2 same being the northeast corner of '`Saddlebrook. Estates. Section 1" a subdivision according to the plat of record in Cabinet F, Slides 40-41 of the Plat Records of said County, for an angle point hereof; THENCE in part with the north line of said '`Saddlebrook Estates, Section I", S 68°50'49" W for a distance of 630.00 feet to the northwest comer of said "Saddlebrook. Estates, Section 1", same being the northeast corner of "Pecan Hills", a subdivision according to the plat of record in Cabinet E, Slide 349 of the Plat Records of said County, for an angle point hereof; THENCE in part with the north line of said "Pecan Hills", S 68°51'53" W for a distance of 610.06 feet to the northwest corner of said "Pecan Hills'', same being a point on the east boundary line of said 152.38 acre tract, for an angle point hereof: THENCE with the east line of said 152.38 acre tract, N 21° 41' 12" W for a distance of 29.80 feet to the POINT OF BEGINNING hereof and containing 87.170 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 c>,CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-3.DOC SKETCH TO ACCOMPANY DESCRIPTION OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS S 89°38'09" W 250.80' R = 1460.00' DELTA = 15°59'02" ARC = 407.30' BRG. = S 77°04'11" W CH. = 405.98' S 6925915 I 1 I N1 565 1 5919p 4a 52 2g941 N 240.000' W op2a 14 6531�pGP�1N b -r pts F Sao5 `,1N'PjE 11N� sI°oPPPOO SORJEV 249'4 N 68°38'34° E 61.72' R = 1540.00' 1,180"291 DELTA = 15°59'02" ARC = 4290..6262'' BRG. = N 77°0411" E 2' CH. = 428.23' WILLIAMSON COUNTY 42" E (3.346 ACRES) DOCUMENT NO. 2005010992 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT NO. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 1- N =1 -5 2 71.73 ACF S 68°51'29" W 46.34' N 21°41'12" W 29.80' n�$ 1;919" `'' a61^51n1-, n 1 5 P \ oW 1, 1t/ �. e DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG \offyy O7. V0. Vp1 5 1- 1 1,0 S 6555 45 \0 01 9 Lp1 Sip1F,5 `p11s o ,00x0 43 SJ 1Y 17A BAKER AICKLEN ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, 7X 70613 1512) 260-3700 W:\PROJECTS)\VERY@CHANDLER RD\AVERY OVERALL ANNEXATION \ DWG \AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -3] October 27, 2008 - 10:41am RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 1 ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE C1'1'Y 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. .0 .0 2 EXHIBIT nBir 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.99%26.3 2002071336, Official Public Records of Williamson County. Avery Ranch Company, Ltd., a Texas Limited partnership By: CJAC, Inc., a Texas corporation, It General Partner Bv: /cc/ S. Avery, Sr., it resident S / li�uz Jo . Avery, Trustee the Children of Lucille ShAvery 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,) c -6ay of October, 2008, A.D. REBECCA K. HEFNER Notary Public, State of Texas ;,q F ape 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 l 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. 1\(, Notary Public -State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON REBECCA K HEFNER Notary public State of Texas My Commission Expires July 30, 2010 This instrument was acknowledged before me on this 'day of October, 2008, by John S. Avery, Sr., Trustee of the Children of Lucille arp 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. Notary Public - State of Texas REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -3 87.170 Acres Tract Page 1 of 2 DESCRIPTION FOR A 87.170 ACRE TRACT OF LAND SITUATED IN THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 WIL.LIAMSON 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, SAID 87.170 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northeast confer of a called 152.38 acre tract described in deed to the Wallin Family Investments of record in Document No. 2003057844 of the Official Public Records of said County, same being a point on 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; TI4ENCE with the north line of said 152.38 acre tract, same being the south line of a Remnant Portion of said 1200.19 acre tract. S 68° 51' 29" W for a distance of 46.34 feet for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, N 05° 53' 55" E for a distance of 2827.11 feet to a point on the approximate centerline of County Road 112_. (right-of-way width varies), for an angle point hereof, THENCE with the approximate centerline of said County Road 112 the following two (2) courses and distances: 1. N 67° 04' 28" E for a distance of 580.52 feet for an angle point hereof; and 2. N 68° 38' 34" E for a distance of 249.41 feet for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 21° 27' 24" E for a distance of 2567.42 feet to a point on the north line of "Saddlebrook Estates. Section 2", a subdivision according to the plat of record in Cabinet F, Slides 42-43 of the Plat Records of said County, same being the south line of a Remnant Portion of said 1200.19 acre tract for an angle point hereof; THENCE in part with the north line of said "Saddlebrook Estates, Section 2", S 68° 53' 46" W for a distance of 842.33 feet to the iiorthwest corner of said "Saddlebrook Estates, Section 2". Annex-, 87. ] 70 Acres Tract Pae.e 2 of 2 same being the northeast corner of "Saddlebrook Estates. Section 1" a subdivision according to the plat of record in Cabinet F. Slides 40-41 of the Plat Records of said County, for an angle point hereof; THENCE in part with the north line of said "Saddlebrook Estates. Section 1'', S 68°50'49" W for a distance of 630.00 feet to the northwest corner of said "Saddlebrook. Estates, Section 1", same being the northeast corner of "Pecan Hills", a subdivision according to the plat of record in Cabinet E, Slide 349 of the Plat Records of said County, for an angle point hereof; THENCE in part with the north line of said "Pecan Hills", S 68°51'53" W for a distance of 610.06 feet to the northwest corner of said "Pecan Hills", same being a point on the east boundary line of said 152.38 acre tract; for an angle point hereof_ THENCE with the east line of said 152.38 acre tract; N 21° 41' 12" W for a distance of 29.80 feet to the POINT OF BEGINNING hereof and containing 87.170 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 ../4C't_J-1--t, /b -2q - Job No.: 1774-2-001-00 Filename: W:\PROJECTS\AVERY(�uCHAND.LER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-3.DOC SKETCH TO ACCOMPANY DESCRIPTION OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS S 89°38'09" W 250.80' R = 1460.00' DELTA = 15°59'02' ARC = 407.30' BRG. = S 77°0411" W CH. = 405.98' V4 969916 I1 I I 569°3� l91 9 j 41 I S6114° 6 1 49 2p9' N 260.00„ W4og2a 52, 61 N6�°�83CPjION l' 55'3.b1 XIMP,� \_0\ INE 6�°pp2g PPppO SVRJ�`f 269 4�• N 68°38'34' E 61.72' ♦ Bp R=1540.00' N 80'291 " DELTA = 15°5902" ARC = 429.62' BRG. = N 77°0411" E CH. = 428.23' "03" WILLIAMSON COUNTY 2' 42' E (3.346 ACRES) ' DOCUMENT 140.2005010992 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT NO. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 2. 2 71.73 ACF S 68°51'29" W 46.34' N 21°41'12" W 29.80' pn- g ♦ 9 12 5651°6r'1. r. n .RiKKp\/ \s ate \ DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG �p1 4 vet _505 00( \ co;stp��1G..11. 0.K 01 9 L l01 p1f,5 Lot 1 p fC"; E5 ;1"45 13.‘ BAKER-AICKLEN 6 ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 4D5 BRUSHY CREEK RD. CEDAR PARK, TX 78613 (51 2) 260.3700 W.\PROJECTS1AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION \DWG,\VERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -3) October 27, 2008. 10:41am RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. Ordinance No. A -08-11-13-11C4 Annexing 87.170 acres (Avery Centre East Tract 3) 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 2008088071 11/26/2008 04:28 PM CMCNEELY $72.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS