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A-08-11-13-11C5 - 11/13/2008ORDINANCE NO. W "00' l '13 '11 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 141.420 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 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 141.420 acre tract of land out of the Thomas Toby Survey, Abstract No. 625, the John L. Justice Survey, Abstract No. 356 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 0:\WDOX\ORDINANC\081113C5.DOC/rmc WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and 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 2 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. 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, 3 paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded affirmative vote of all the Council requirement for reading this ordinance on dispensed with. READ, PASSED, and ADOPTED on first B� of !V(jVi/I/ v nf- , 2008. 4 and passed with an members present, the two separate days was reading this h 7 day 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 ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -4 141.420 Acres Tract Page 1 of 4 DESCRIPTION FOR A 141.420 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 IN 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, SAID 141.420 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection of the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the north right-of-way line of County Road 112, said County Road 112 right-of-way being a called 3.346 acre tract, described in deed to Williamson County of record in Document No. 2005010.992 of the Official Public Records of said County, same being an angle point on the west line of a Remnant Portion of said 1200.19 acre tract for the southwest corner and POINT OF BEGINNING hereof: THENCE with the east right-of-way line of said Farm to Market 1460, same being the west boundary line of the Remnant Portion of said 1200.19 acre tract. the following two (2) courses and distances: 1. with the arc of a curve to the left having a radius of 1185.92 feet, an arc length of 417.95 feet, a central angle of 20° 11' 33", and a chord which bears N 11° 03' 09" W for a distance of 415.79 feet for a point of tangency hereof, and 2. N 21° 09' 23" W for a distance of 496.07 feet to a point, said point being the northwest corner of a Remnant Portion of a said 1200.19 acre tract, same being the southwest corner of a called 1629.95 acre tract described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No. 9824078 of the Official Public Records of said County, for the northwest corner hereof; THENCE departing the east right-of-way line of said Farm to Market 1460, in part with the south line of said 1629.95 acre tract, same being the north line of a Remnant Portion of said 1200.19 acre tract the following thirteen (13) courses and distances: Annex -4 141.420 Acres Tract Paee 2 of 4 1. N 71° 14' 10" E for a distance of 811.35 feet for an angle point hereof, 2. N 71° 54' 04" E for a distance of 1170.00 feet for an angle point hereof, 3. N 05° 53' 55" E for a distance of 688.95 feet for an angle point hereof, 4. N 64° 53' 24" E for a distance of 463.84 feet for an angle point hereof. 5. N 72° 11' 45" E for a distance of 721.67 feet for an angle point hereof, 6. N 02° 04' 01" E for a distance of 488.30 feet for an angle point hereof., 7. S 67° 35' 59" E for a distance of 116.10 feet for an angle point hereof. 8. N 70° 41' 01" E for a distance of 828.30 feet for an angle point hereof, 9. N 10° 20' 59" W for a distance of 611.10 feet for an angle point hereof, 10. N 70° 34' 01" E for a distance of 125.00 feet for an angle point hereof. 11. S 47° 24' 59" E for a distance of 847.20 feet for an angle point hereof, 12. S 77° 34' 59" E for a distance of 430.60 feet for an angle point hereof, and 13. S 50° 31' 39" E for a distance of 305.60 feet to a point on the north line of a Remnant Portion of said 1200.19 acre tract, same being a point on the south line of said 1629.95 acre tract, same being the northeast corner 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 the most easterly corner hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the north line of said 868.54 acre tract the following eight (8) courses and distances: 1. S 78° 31' 05" W for a distance of 154.20 feet for an angle point hereof, 2. S 88° 41' 01" W for a distance of 186.40 feet for an angle point .hereof. 3. N 64° 22' 59" W for a distance of 267.20 feet for an angle point hereof. Annex -4 141.420 Acres Tract Page 3 of 4 4. S 68° 31' 14" W for a distance of 1352.80 feet to a point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 868.54 acre tract for an angle point hereof, 5. S 21° 33' 28" E for a distance of 1403.90 feet for an angle point hereof. 6. S 69° 08' 32" W for a distance of 527.14 feet for an angle point hereof, and 7. S 08° 04' 56" E for a distance of 308.60 feet to a point on the approximate centerline of said County Road 112 for the most southerly southeast corner hereof: THENCE with the approximate centerline of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following five courses and distances: 1. S 70° 10' 34" W for a distance of 911.65 feet for an angle point hereof. 2. S 68° 38' 34" W for a distance of 61.72 feet for an angle point hereof, 3. S 68° 38' 34" W for a distance of 249.41 feet for an angle point hereof, 4. S 67° 04' 28" W for a distance of 580.52 feet for an angle point hereof, and 5. S 67° 04' 28" W for a distance of 97.49 feet for an angle point hereof; THENCE departing the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet to a point on the north right-of-way line of said County Road 112 for an angle point hereof; THENCE with the north right-of-way line of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following four (4) courses and distances: 1. S 69° 04' 40" W for a distance of 269.75 feet for a point of curvature hereof, with the arc of a curve to the right, having a radius of 1460.00 feet, an arc length of 407.30 feet, a central angle of 15° 59' 02", and a chord which bears S 77° 04' 11" W for a distance of 405.98 feet for a point of tangency hereof, 3. S 89° 38' 09" W for a distance of 250.80 feet for an angle point hereof, and Annex -4 141.420 Acres Tract Page 4 of 4 4. S 85° 03' 43" W for a distance of 541.25 feet to the POINT OF BEGINNING hereof and containing 1.41.420 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\AVERYrCFIANDLER IZD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVI RY ANNEX-4r1.DOC z 0 0 w z 0 2 0 0 U 0 0 w ( S 2`"33'22. 140].91 42:'41'05 E 308 g0. FARM 30 iWWKE01420 1163.37 S 23.0816.E O O 0 CDN cp N N 0O0 W Z0 CO ANNEXATION OR CITY LIMITS EXTENSION b EXHIBIT 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. S 1 263 4s 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: Jo r . Avery, Sr., its P> ident Joh i $'Avery, Trustee che 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. Owner(s) SUBSCCRIBFD AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr. this ; _7 ' day of October, 2008, A.D. REBECCA K. HEFNVER�� Notary public State or Ta.,: s My Commission Expires July 30, 2010 otary 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. Notary Public -State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON r, -.........„..........„......._ REBECCA K. HEFNER P }'```__ Notary ubmissia oof Texa My Com s July 30, 2010 Aires 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 Texas My Commission Expires July 30, 2010 DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -4 141.420 Acres Tract Page 1 of 4 DESCRIPTION FOR A 141.420 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, JOHN L. ,JUSTICE SURVEY, ABSTRACT NO. 356 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 IN 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_ SAID 141.420 ACRE TRACT. AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection of the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the north right-of-way line of County Road 112, said County Road 112 right-of-way being a called 3.346 acre tract, described in deed to Williamson County of record in Document No. 2005010992 of the Official Public Records of said County, same being an angle point on the west line of a Remnant Portion of said 1200.19 acre tract for the southwest corner and POINT OF BEGINNING hereof; THENCE with the east right-of-way line of said Farm to Market 1460, same being the west boundary line of the Remnant Portion of said 1200.19 acre tract, the following two {2) courses and distances: 1. with the arc of a curve to the left having a radius of 1185.92 feet, an arc length of 417.95 feet, a central angle of 20° 11' 33", and a chord which bears N 11° 03' 09" W for a distance of 415.79 feet for a point of tangency hereof, and N 21° 09' 23" W for a distance of 496.07 feet to a point, said point being the northwest corner of a Remnant Portion of a said 1.200.19 acre tract, same being the southwest corner of a called 1629.95 acre tract described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No. 9824078 of the Official Public Records of said County, for the northwest corner hereof; THENCE departing the east right-of-way line of said Farm to Market 1460, in part with the south line of said 1629.95 acre tract, same being the north line of a Remnant Portion of said 1200.19 acre tract the following thirteen (13) courses and distances: Annex -4 141.420 Acres Tract Page 2 of 4 1. N 71° 14' 10" E for a distance of 811.35 feet for an angle point hereof: 2. N 71° 54' 04" E for a distance of 1170.00 feet for an angle point hereof, 3. N 05° 53' 55" E for a distance of 688.95 feet for an angle point hereof. 4. N 64° 53' 24" E for a distance of 463.84 feet for an angle point hereof. 5 N 72° 11' 45" E for a distance of 721.67 feet for an angle point hereof, 6. N 02° 04' 01" E for a distance of 488.30 feet for an angle point hereof. 7. S 67° 35' 59" E for a distance of 116.10 feet for an angle point hereof, 8. N 70° 41' 01" E for a distance of 828.30 feet for an angle point hereof.. 9. N 10° 20' 59" W for a distance of 611.10 feet for an angle point hereof, 10. N 70° 34' 01" E for a distance of 125.00 feet for an angle point hereof. 11. S 47° 24' 59" E for a distance of 847.20 feet for an angle point hereof. 12. S 77° 34' 59" E for a distance of 430.60 feet for an angle point hereof; and 13. S 50° 31' 39" E for a distance of 305.60 feet to a point on the north line of a Remnant Portion of said 1200.19 acre tract, same being a point on the south line of said 1629.95 acre tract, same being the northeast corner 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 the most easterly corner hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the north line of said 868.54 acre tract the following eight (8) courses and distances: 1. S 78° 31' 05" W for a distance of 154.20 feet for an angle point hereof, 2. S 88° 41' 01" W for a distance of 186.40 feet for an angle point hereof, 3. N 64° 22' 59" W for a distance of 267.20 feet for an angle point hereof. Annex -4 141.420 Acres Tract Page 3 of 4 4. S 68° 31' 14" W for a distance of 1352.80 feet to a point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 868.54 acre tract for an angle point hereof, 5. S 21° 33' 28" E for a distance of 1403.90 feet for an angle point hereof, 6. S 69° 08' 32" W for a distance of 527.14 feet for an angle point hereof_ and 7. S 08° 04' 56" E for a distance of 308.60 feet to a point on the approximate centerline of said County Road 112 for the most southerly southeast corner hereof; THENCE with the approximate centerline of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following five courses and distances: 1. S 70° 10' 34" W for a distance of 911.65 feet for an angle point hereof: 2. S 68° 38' 34" W for a distance of 61.72 feet for an angle point hereof_ 3. S 68° 38' 34" W for a distance of 249.41 feet for an angle point hereof. 4. S 67° 04' 28" W for a distance of 580.52 feet for an angle point hereof. and 5. S 67° 04' 28" W for a distance of 97.49 feet for an angle point hereof; THENCE departing the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet to a point on the north right-of-way line of said County Road 112 for an angle point hereof: THENCE with the north right-of-way line of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following four (4) courses and distances: 1. S 69° 04' 40" W for a distance of 269.75 feet for a point of curvature hereof. 7 with the arc of a curve to the right, having a radius of 1460.00 feet, an arc length of 407.30 feet, a central angle of 15° 59' 02", and a chord which bears S 77° 04' 11" W for a distance of 405.98 feet for a point of tangency hereof., 3. S 89° 38' 09" W for a distance of 250.80 feet for an angle point hereof. and Annex -4 141.420 Acres Tract Page4of4 4. S 85° 03' 43" W for a distance of 541.25 feet to the POINT OF BEGINNING hereof and containing 141.420 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 .1. 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\AVERYrKHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-4r1.DOC _0 F- 0 /0 W `0 a. � 0) V 0 O Z U (f) ) d (D 0 28'E 1403.90 8a .SHV 84A2It1S x000sse-m SVINTO LL FARM 50 MARKET 1480 1168.3T 5 21.08.56.0 S 21'91'55' E 42.514 s,3s.w, s s g E Q n p 53 0 0 N O N 45 N V 1 n o OQ c W z n x F (p w m c a 48 9 0 04 48 w >- z 5 O 2 0 f - X Z Z Q 48 04 0 >s 5 0 48 w 0 z x U 37- 7' w 7 5 H U y C C a DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 1105. Consider an ordinance annexing 141.420 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 4. (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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII :1),Gs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2008088072 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-08-11-13-1105 which annexes 141.420 acres of land south of CR 112 and east of North A.W. Grimes Boulevard, also known as Avery Centre East Tract 4. 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. i4- O v' 1 H 'I3.1 t AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 141.420 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 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 141.420 acre tract of land out of the Thomas Toby Survey, Abstract No. 625, the John L. Justice Survey, Abstract No. 356 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 0:\WDOX\ORDINANC\081113C5.DOC/rmc WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and 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. 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 2 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. 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, 3 paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of NbV .1/VV ,1#Z -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 , 2008. ATTEST: "` QAke SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -4 141.420 Acres Tract Page 1 of 4 DESCRIPTION FOR A 141.420 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 IN WILLIAM.SON 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, SAID 141.420 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection of the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the north right-of-way line of County Road 112, said County Road 112 right-of-way being a called 3.346 acre tract, described in deed to Williamson County of record in Document No. 2005010992 of the Official Public Records of said County, sante being an angle point on the west line of a Remnant Portion of said 1200.19 acre tract for the southwest corner and POINT OF BEGINNING hereof: THENCE with the east right-of-way line of said Farm to Market 1460, same being the west boundary line of the Remnant Portion of said 1200.19 acre tract, the following two (2) courses and distances: 1. with the arc of a curve to the left having a radius of .1.185.92 feet, an arc length of 417.95 feet, a central angle of 20° 11' 33", and a chord which bears N 11° 03' 09" W for a distance of 415.79 feet for a point of tangency hereof, and 2. N 21° 09' 23" W for a distance of 496.07 feet to a point, said point being the northwest corner of a Remnant Portion of a said 1200.19 acre tract, same being the southwest corner of a called 1629.95 acre tract described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No. 9824078 of the Official Public Records of said County, for the northwest corner hereof; THENCE departing the east right-of-way line of said Farm to Market 1460, in part with the south line of said 1629.95 acre tract, same being the north line of a Remnant Portion of said 1200.19 acre tract the following thirteen (13) courses and distances: Annex -4 141.420 Acres Tract Page 2 of 4 1. N 71° 14' 10" E for a distance of 811.35 feet for an angle point hereof, 2. N 71° 54' 04" E for a distance of 1170.00 feet for an angle point hereof. 3. N 0.5° 53' 55" E for a distance of 688.95 feet for an angle point hereof. 4. N 64° 53' 24" E for a distance of 463.84 feet for an angle point hereof. 5. N 72° 11' 45" E for a distance of 721.67 feet for an angle point hereof, 6. N 02° 04' 01" E for a distance of 488.30 feet for an angle point hereof. 7. S 67° 35' 59" E for a distance of 116.10 feet for an angle point hereof. 8. N 70° 41' 01" E for a distance of 828.30 feet for an angle point hereof. 9. N 10° 20' 59" W for a distance of 611.10 feet for an angle point hereof. 10. N 70° 34' 01" E for a distance of 125.00 feet for an angle point hereof. 11. S 47° 24' 59" E for a distance of 847.20 feet for an angle point hereof, 12. S 77° 34' 59" E for a distance of 430.60 feet for an angle point hereof. and 13. S 50° 31' 39" E for a distance of 305.60 feet to a point on the north line of a Remnant Portion of said 1200.19 acre tract, same being a point on the south line of said 1629.95 acre tract, same being the northeast corner 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 the most easterly corner hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the north line of said 868.54 acre tract the following eight (8) courses and distances: 1. S 78° 31' 05" W for a distance of 154.20 feet for an angle point hereof. 2. S 88° 41' 01" W for a distance of 186.40 feet for an angle point hereof. 3. N 64° 22' 59" W for a distance of 267.20 feet for an angle point hereof. Annex -4 141.420 Acres Tract Page 3 of 4 4. S 68° 31' 14" W for a distance of 1352.80 feet to a point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 868.54 acre tract for an angle point hereof. 5. S 21° 33' 28" E for a distance of 1403.90 feet for an angle point hereof. 6. S 69° 08' 32" W for a distance of 527.14 feet for an angle point hereof; and 7. S 08° 04' 56" E for a distance of 308.60 feet to a point on the approximate centerline of said County Road 112 for the most southerly southeast corner hereof:. THENCE with the approximate centerline of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following five courses and distances: 1. S 70° 10' 34" W for a distance of 911.65 feet for an angle point hereof. 2. S 68° 38' 34" W for a distance of 61.72 feet for an angle point hereof. 3. S 68° 38' 34" W for a distance of 249.41 feet for an angle point hereof. 4. S 67° 04' 28" W for a distance of 580.52 feel for an angle point hereof. and 5. S 67° 04' 28" W for a distance of 97.49 feet for an angle point hereof; THENCE departing the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet to a point on the north right-of-way line of said County Road 112 for an angle point hereof; THENCE with the north right-of-way line of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following four (4) courses and distances: 1. S 69° 04' 40" W for a distance of 269.75 feet for a point of curvature hereof. 2. with the arc of a curve to the right, having a radius of 1460.00 feet, an arc length of 407.30 feet, a central angle of .15° 59' 02", and a chord which bears S 77° 04' 11" W for a distance of 405.98 feet for a point of tangency hereof, 3. S 89° 38' 09" W for a distance of 250.80 feet for an angle point hereof, and Annex -4 141.420 Acres Tract Pate 4 of 4 4. S 85° 03' 43" W for a distance of 541.25 feet to the POINT OF BEGINNING hereof and containing 141.420 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 .1. 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\AVERY ANNEX-4r1.DOC z 0 E-- 0 !U V J W 0 L 0 0 U 0 rW ( J e rr; 0 0 (D co 5 21'3Y213' E .68V .. .A5l11s >I0O zsssv- StlYQOHS 3_ 3 140* 9o• 2109-21•w 466.0r h i EARN TO MMKE'+il60 "_r CO • 5;.1'Of56'E 4 AQ N 6r54'57. E 521.41.55.E 42 51 047 2 L wz J—_ UW a Q<. n-'0 r1 W w .i YQ Q `v • y ryll... ® W 44, P 2.2 249 T ry U5; PrV 3aoi a CUM1 aWU 21 S \\ 3 a syo • Q 8 "0 041 '• 0 00 N N N � U OOC7 u Z < 0 >- 0 H m W. \PROJECTS IAVERY@CHANDLER RDVAVERY OVERALL ANNEXATIONIDWG\AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -4] October 29, 2008 - 1052am o N 0 � O O Z 0 y 2 O 0- 2 o W 2 Z11 O W o a re En (:) °. W o m Q ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: 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. 1.5263 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: Jo 11 S. Avery, Sr., its P ident 44-,/1-4* Joh . Avery, Trustee le 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. 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 Co of Tes Commission Expires July 30, 2010 �ri6Jei`�/ /LJ otary Public, State of Texas /; Revised 5-17-05 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this 029t Ylay 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. k7erz( uctikka40_, Notary Public -State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON 7 REBECCA K. HEFNER Notary Public, State of Texas ;"`;,c My Commission Expires July 30, 2010 This instrument was acknowledged before me on thiso2 y 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 `otparr�e�.'� REBECCA K. NEFNEf? • Notary Public, State of Texas 4.,g My Commission Expires 11,,. ti • oi��.�` July 30, 2010 ,,nIP DATE RECEIVED: C11 "Y COUNCIL HEARING: Revised 5-17-05 Annex -4 14.1.420 Acres Tract Page 1 (34'4 DESCRIPTION FOR A 141.420 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, JOHN L. JUSTICE SURVEY, ABSTRACT NO. 356 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 IN 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, SAID 141.420 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection of the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the north right-of-way line of County Road 112, said County Road 112 right-of-way being a called 3.346 acre tract, described in deed to Williamson County of record in Document No. 2005010992 of the Official Public Records of said County, same being an angle point on the west line of a Remnant Portion of said 1200.19 acre tract for the southwest corner and POINT OF BEGINNING hereof; THENCE with the east right-of-way line of said Farm to Market 1.460, same being the west boundary line of the Remnant Portion of said 1200.19 acre tract, the following two (2) courses and distances: 1. with the arc of a curve to the left having a radius of 1185.92 feet, an arc length of 417.95 feet, a central angle of 20° 11' 33", and a chord which bears N 11° 03' 09" W for a distance of 415.79 feet for a point of tangency hereof._ and 2. N 21° 09' 23" W for a distance of 496.07 feet to a point, said point being the northwest corner of a Remnant Portion of a said 1200.19 acre tract, same being the southwest corner of a called 1629.95 acre tract described in deed to Nelson Homestead Family Partnership, Ltd., of record in Document No. 9824078 of the Official Public Records of said County, for the northwest corner hereof: THENCE departing the east right-of-way line of said Farm to Market 1460, in part with the south line of said 1629.95 acre tract, same being the north line of a Remnant Portion of said 1200.19 acre tract the following thirteen (13) courses and distances: Annex -4 141.420 Acres Tract Page 2 of 4 l . N 71° 14' 10" E for a distance of 811.35 feet for an angle point hereof: 2. N 71° 54' 04" E for a distance of 1170.00 feet for an angle point hereof, 3. N 0.5° 53' 55" E for a distance of 688.95 feet for an angle point hereof, 4. N 64° 53' 24" E for a distance of 463.84 feet for an angle point hereof. 5. N 72° 11' 45" E for a distance of 721.67 feet for an angle point hereof, 6. N 02° 04' 01" E for a distance of 488.30 feet for an angle point hereof. 7. S 67° 35' 59" E for a distance of 116.10 feet for an angle point hereof. 8. N 70° 41' 01" E for a distance of 828.30 feet for an angle point hereof, 9. N 10° 20' 59" W for a distance of 611.10 feet for an angle point hereof, 10. N 70° 34' 01" E for a distance of 125.00 feet for an angle point hereof, 11. S 47° 24' 59" E for a distance of 847.20 feet for an angle point hereof. 12. S 77° 34' 59" E for a distance of 430.60 feet for an angle point hereof, and 13. S 50° 31' 39" E for a distance of 305.60 feet to a point on the north line of a Renmalt Portion of said 1200.19 acre tract._ same being a point on the south line of said 1629.95 acre tract; same being the northeast corner 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 the most easterly corner hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the north line of said 868.54 acre tract the following eight (8) courses and distances: 1. S 78° 31' 05" W for a distance of 154.20 feet for an angle point hereof.. 2. S 88° 41' 01" W for a distance of 186.40 feet for an angle point hereof, 3. N 64° 22' 59" W for a distance of 267.20 feet for an angle point hereof, Annex -4 141.420 Acres Tract Page 3 of 4 4. S 68° 31' 14" W for a distance of 1352.80 feet to a point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 868.54 acre tract for an angle point hereof, 5. S 21° 33' 28" E for a distance of 1403.90 feet for an angle point hereof. 6. S 69° 08' 32" W for a distance of 527.14 feet for an angle point hereof, and 7. S 08° 04' 56" E for a distance of 308.60 feet to a point on the approximate centerline of said County Road 112 for the most southerly southeast corner hereof: THENCE with the approximate centerline of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following five courses and distances: 1. S 70° 10' 34" W for a distance of 911.65 feet for an angle point hereof, 2. S 68° 38' 34" W for a distance of 61.72 feet for an angle point hereof. 3. S 68° 38' 34" W for a distance of 249.41 feet for an angle point hereof, 4. S 67° 04' 28" W for a distance of 580.52 feet for an angle point hereof, and 5. S 67° 04' 28" W for a distance of 97.49 feet for an angle point hereof: THENCE departing the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet to a point on the north right-of-way line of said County Road 112 for an angle point hereof: THENCE with the north right-of-way line of said County Road 112, same being the south line of a Remnant Portion of said 1200.19 acre tract the following four (4) courses and distances: 1. S 69° 04' 40" W for a distance of 269.75 feet for a point of curvature hereof, 2. with the arc of a curve to the right, having a radius of 1460.00 feet, an arc length of 407.30 feet, a central angle of 15° 59' 02", and a chord which bears S 77° 04' 11" W for a distance of 405.98 feet for a point of tangency hereof 3. S 89° 38' 09" W for a distance of 250.80 feet for an angle point hereof, and Annex -4 141.420 Acres Tract Page 4 of 4 4. S 85° 03' 43" W for a distance of 541.25 feet to the POINT OF BEGINNING hereof and containing 141.420 acres (Aland. 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: ,/l� - /v-2.7-2.c0t9 Parker .1. 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.cuCHA.NDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-4r1.DOC • z 0 f-' LL (/) W 0 >z 0 U U 0 U W W 5 21.3326' 1403.w' S 21.41'55.E 42.51 v'v E 0 8 ai 0 0 x w a c 0 0 3- 04 W z w C 7 z W x 5 0 0 z 0 1— a X z z z W 0 } K w 5 0 ce 24 w 0 O z a S U G 7- 5 5 4- O U W 0 C 3 a 0 Z 0 - g ._ o o cwg 7, X a1 �N o W 1 o O n;' w o m Q U Ordinance No. A-08-11-13-1105 Annexing 141.420 acres (Avery Centre East Tract 4) 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 2008088072 11/26/2008 04:28 PM CMCNEELY $88.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS