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A-08-11-13-11C6 - 11/13/2008ORDINANCE NO. A 09,-' 11 -1 —(j c -Co AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.610 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a 101.610 acre tract of land out of the Thomas Toby Survey, Abstract No. 625, the Thomas Glasscock Survey, Abstract No. 255 and the Willis Donaho Survey, Abstract No. 173, 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 O:\WDOX\ORDINANC\081113C6.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 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 3 day of Nkfe4^4119e--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 ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -5 101.610 Acres Tract Page 1 of 3 I EXHIBIT «A„ DESCRIPTION FOR A 101.610 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHUE SURVEY. ABSTRACT NO. 173 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 101.610 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection on the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the south 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 northwest corner and POINT OF BEGINNING hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south right-of-way line of said County Road 112. the following four (4) courses and distances: 1 } N 85° 03' 43" E for a distance of 555.78 feet for an angle point hereof. 2) N 80° 29' 16" E for a distance of 250.80 feet for a point of curvature hereof. 3) with the arc of a curve to the left, having a radius of 1540.00 feet, an arc length of 429.62 feet, a central angle of 15° 50' 02", and a chord which bears N 77° 04' 11" E for a distance of 428.23 feet for a point of tangency hereof, and 4) N 69° 04' 40" E for a distance of 269.75 feet for an angle point hereof: THENCE crossing to the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet for an angle point hereof; Annex' -5 101.610 Acres Tract Pave 2 of 3 THENCE with the approximate centerline of said County Road 112, same being the north line of a Remnant Portion of said 1200.19 acre tract. N 67° 04' 28" E for a distance of 97.49 feet for the northeast corner hereof: THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. S 05° 53' 55" W for a distance of 2827.11 feet to a point on the south line of a Remnant Portion of said 1200,19 acre tract, same being a point on the north line 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, for the southeast corner hereof: THENCE with the north line of said 152.38 acre tract, same being the south boundary line of a Remnant Portion of said 1200.19 acre tract, the following three (3) courses and distances: 1. S 68°51'29" W for a distance of 189.12 feet for an angle point hereof, 2. N 21°44'50" W for a distance of 239.44 feet for an angle point hereof, and 3, S 68°40'10" W for a distance of 1741.32 feet for a point on the east right-of-way line of said Farm to Market 1460, same being the northwest corner of said 152.38 acre tract, same being the southwest corner of a Remnant Portion of said 1200.19 acre tract, for the southwest corner hereof; THENCE with the east right-of-way line of said Farm to Market 1460, same being the west line of the Remnant Portion of said 1200.19 acre tract, the following five (5) courses and distances: 1. N 12° 20' 27" E for a distance of 2686.94 feet for an angle point hereof, 2. N 57° 20' 27" E for a distance of 56.58 feet for an angle point hereof. 3. N 12° 20' 27" E for a distance of 80.01 feet for an angle point hereof, 4. N 31° 54' 33" W for a distance of 57.33 feet for a point of curvature hereof, and 5. with the arc of a curve to the left, having a radius of 1185.92 feet, an arc length of 154.22 feet, a central angle of 07° 27' 03", and a chord which bears N 08° 36' 42" E Annex -5 10 1.6 10 Acres Tract Page 3 of 3 for a distance of 154.11 feet to the POINT OF BEGINNING hereof and containing 101.610 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: 2 Parker J. Graham Registered Professional Land Surveyor No. 556 BAKER-AICKLEN & ASSOCIATES. INC. 405 Brushy Creek Road Cedar Park_ Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: W:APROJECTS\AVERY(a_�CI-JANDLLR RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-5.DOC 5 5°03'43" W 1528.03' T )0' 56'11" .90' 17'46" E .19' SKETCH TO ACCOMPANY DESCRIPTION ARC = 407.30' \14POB 4 BR CH.= 40598 W S6928915 S 85°03'43" W 541.25' S 89°38'09" W\ • 6 E 250.80' N R = 1106.28' DELTA = 17°53'04" ARC = 345,32' BRG. = S 12°12'03" E CH. = 343.92' N 86°49'33" E 63.66' R = 4950.00' DELTA = 09°05'23" ARC = 785.29' BRG. = N 09°07'58" E CH. = 784.46' R = 30.00' DELTA = 89°59'36" ARC = 47.12' BRG. =14 58°40'31" E CH. = 42.42' • s 47529, 76°7g,4j"E • • POB 7 4) _ ao M 0) ti rv. N Z •10 0-r rr �^ POB 5COUNTY ROAD 112 N 85°03'43" E •,i A. / 4' 8o m^ • • 80 R\ 40.00' 555.78' N 80°29'1 DELTA = 15°59'02" ARC = 429.62' BRG. = N 77°04'11" E CH. = 428.23' DE TA 137°27 3" WILLIAMSON COUNTY RC = 154.22' BRG. = N 08°36'42" E (3.346 ACRES) CH. = 154.11' DOCUMENT NO. 2005010992 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 1- 0 0 } Z. 7 7V, W C tIII r - Z `a \c:' a fl 5 0 » 101.61 Acres : 12 0 \�_ 3 0 200 400 AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT NO. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS of soR� PTE �OGPTZ/ S 66 g010 APPR/ OSGN\N�6p5. �ENsZlS DOG�R18 A a 0E°,�5 PEG p1 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG Z No • 1;5129, s6' POB 3 S 68°51'29" W 46.34' N21°41'12"W 29.80' .1.1 5 66°61� 0 vot 6 H VDE 359 OS S S C1:1,49;\/vot B LOS \‘\ \NJ�SPG Vs\l13y'56150 NO' ��NQ O.. OCPO I A'Z6 4 pPP N 20°55'20" W 40.00' 8 I 7j ��BAKER-AlCKLEN & ASSOCIATES, INC, Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 78613 (51 2) 260-3700 WIPROJECTSVAVERY@CHANDLER RD\AVERY OVERALL ANNEXATIONIDWGWVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -5) October 27, 2008 - 10:41am 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.�,Z63 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 sident John$Avery, Trustee o e Children of Lucille / 7;14 44.4t - Sharp Avery Trusts, the Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust. Owner(s) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr. this, °.° 4-' `day of October, 2008, A.D. REBECCA K. HEFNER r e Notary Public, State of Texas ;;rFaf��*� r My Commission Expires ,,ram,,,``. July 30, 2010 *•z torffi:s Notary Public, State of Texas Revised 5-17-05 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this ^ " day of October, 2008, by John S. Avery, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Avery Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC, Inc., its General Partner, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. Notary Public -State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON o`tAr$?,, REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires jJuly 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. HEFftrit Notary Public, State of Te> s My Commission Expire.; July 30, 2010 DATE RECEIVED: Use CITY COUNCIL HEARING: Revised 5-17-05 Annex 101.610 Acres Tract Page 1 of 3 EXHIBIT «A„ p DESCRIPTION FOR A 101.610 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHUE SURVEY. ABSTRACT NO. 173 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 101.610 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, 1S MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection on the east right-of-way line of Fane to Market 1460 (80° right-of-way width), and the south 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 northwest corner and POINT OF BEGINNING hereof. THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south right-of-way line of said County Road 112, the following four (4) courses and distances: 1) N 85° 03' 43" E for a distance of 555.78 feet for an angle point hereof. 2) N 80° 29' 16" E for a distance of 250.80 feet for a point of curvature here -of, 3) with the arc of a curve to the left, having a radius of 1540.00 feet, an arc length of 429.62 feet, a central angle of 15° 50' 02", and a chord which bears N 77° 04' 11" E for a distance of 428.23 feet for a point of tangency hereof. and 4) N 69° 04' 40" E for a distance of 269.75 feet for an angle point hereof; THENCE crossing to the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet for an angle point hereof; Annex -5 101.61 0 Acres Tract Page 2 of 3 THENCE with the approximate centerline of said County Road 112, same being the north line of a Remnant Portion of said 1200.19 acre tract. N 67° 04' 28" E for a distance of 97.49 feet for the northeast corner hereof_ THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 05° 53' 55" W for a distance of 2827.11 feet to a point on the south line of a Remnant Portion of said 1200.19 acre tract, same being a point on the north line 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, for the southeast corner hereof: THENCE with the north line of said 152.38 acre tract_ same being the south boundary line of a Remnant Portion of said 1200.19 acre tract. the following three (3) courses and distances: 1. S 68°51'29" W for a distance of 189.12 feet for an angle point hereof. 2. N 21°44'50" 'W for a distance of 239.44 feet for an angle point hereof, and 3. S 68°40'10" W for a distance of 1741.32 feet for a point on the east right-of-way line of said Farm to Market 1460, same being the northwest corner of said 152.38 acre tract, same being the southwest corner of a Remnant Portion of said 1200.19 acre tract, for the southwest corner hereof; THENCE with the east right-of-way line of said Farm to Market 1460, same being the west line of the Remnant Portion of said 1200.1.9 acre tract, the following five (5) courses and distances: 1. N 12° 20' 27" E for a distance of 2686.94 feet for an angle point hereof 2. N 57° 20' 27" E for a distance of 56.58 feet for an angle point hereof. 3. N 12° 20' 27" E for a distance of 80.01 feet for an angle point hereof 4. N 31° 54' 33" W for a distance of 57.33 feet for a point of curvature hereof, and 5. with the arc of a curve to the left, having a radius of 1185.92 feet, an arc length of 154.22 feet, a central angle of 07° 27' 03", and a chord which bears N 08° 36' 42" E Annex -5 101.610 Acres Tract Page 3 of 3 for a distance of 154.11 feet to the POINT OF BEGINNING hereof and containing 101.610 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. 1NC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: WAPROJECTS\AVERYACHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS'AVERY ANNEX-5.DOC 5°03'43" W 1528.03' SKETCH TO ACCOMPANY DESCRIPTION R = 1106.28' \ ARC = 407.30' 40 V4 DELTA = 17°53'04" POB 4 BR CHS 40598°W 569° 91 • 5 ARC = 345.32' 26 BRG. = S 12°12'03" E CH. = 343.92' • • • S 85°03'43" W 541.25' • S 89"38'09" WA 250.80' 1C;A� COUNTY ROAD 112 e;\POB 5 A S� • �S1/ry0 5.0 / N 86°49'33" E I / 63.66' R = 4950.00' DELTA = 09°05'23" ARC = 785.29' BRG. = N 09°07'58" E CH. = 784.46' R = 30.00' DELTA = 89°59'36" ARC = 47.12' BRG. = N 58°40'31" E CH. = 42.42' w ao A.2 ti N 2 ti • • E N6 80 R\ 40.00' N 85'03•43"E=5:578' N g0°29'1 DLTA = 429 9' 2 ARBRG. = N 77°04'11" E CH. = 428.23' DE TA 07°272'03" WILLIAMSON COUNTY BRG. N 08536 42" E (3.346 ACRES) CH. = 154.11' DOCUMENT NO. 2005010992 o N OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 2 M I , f' 0 200 400 YVt t�a '2 1 1 N ) IIIf 4 03 05 :41 Jo S 0 to D d 3 I AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT NO. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS of SUR J�� �1N6 x1.0,.16 \UCP.11/ 56g PPPRO o / POB 7• w0`�\NM 6 :6...NIS E0�C 6O \y775:260. w 2.5ap 4 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 2 N g g A 4) 2 S 68°51'29" W 46.34' N21°41'12"W 9',\ 9 S68°5 • PbB 3 I N6�°oq.2e 9)p? N 20°55'20" W 40.00' 8 I 7 \BAKER-AlCKLEN & ASSOCIATES, INC, Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 78513 (51 2) 260-3700 W:\PROJECTSIAVERY@CHANDLER RDIAVERY OVERALL ANNEXATIONIDWG1AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -5) October 27, 2008 - 10:41am DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 1106. Consider an ordinance annexing 101.610 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 5. (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 11111111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 11111111111111111111 1111111111111 ORD 17 PGS 2008088073 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-08-11-13-1106 which annexes 101.610 acres of land south of CR 112 and east of North A.W. Grimes Boulevard, also known as Avery Centre East Tract 5. 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. g4(14A- • 14 -QUA, -E SARA L. WHITE, City Secretary ORDINANCE NO. 4- i 11 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.610 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a 101.610 acre tract of land out of the Thomas Toby Survey, Abstract No. 625, the Thomas Glasscock Survey, Abstract No. 255 and the Willis Donaho Survey, Abstract No. 173, 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\081113C6.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 13 ' day of NONFe n4t / 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 ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -5 101 .610 Acres Tract Page 1 of 3 EXHIBIT «A„ DESCRIPTION FOR A 101.610 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173 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 101.610 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH. IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection on the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the south right-of-way line of County Road .112, said County Road l 12 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 I200.19 acre tract for the northwest corner and POINT OF BEGINNING hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south right-of-way line of said County Road 1 12. the following four (4) courses and distances: 1) N 85° 03' 43" E for a distance of 555.78 feet for an angle point hereof. 2) N 80° 29' 16" E for a distance of 250.80 feet for a point of curvature hereof, 3) with the arc of a curve to the left, having a radius of 1540.00 feet, an arc length of 429.62 feet, a central angle of 15° 50' 02", and a chord which bears N 77° 04' 11" E for a distance of 428.23 feet for a point of tangency hereof, and 4) N 69° 04' 40" E for a distance of 269.75 feet for an angle point hereof; THENCE crossing to the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet for an angle point hereof; Annex -5 101.610 Acres Tract Page 2 of 3 THENCE with the approximate centerline of said County Road 112, same being the north line of a Remnant Portion of said 1200.19 acre tract. N 67° 04' 28" E for a distance of 97.49 feet for the northeast corner hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. S 05° 53' 55" W for a distance of 2827.11 feet to a point on the south line of a Remnant Portion of said 1200.] 9 acre tract, same being a point on the north line 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, for the southeast corner hereof; THENCE with the north line of said 152.38 acre tract, same being the south boundary line of a Remnant Portion of said 1200.19 acre tract, the following three (3) courses and distances: 1. S 68°51'29" W for a distance of 189.12 feet for an angle point hereof. 2. N 21°44'50" W for a distance of 239.44 feet for an angle point hereof, and 3. S 68°40'10" W for a distance of 1741.32 feet for a point on the east right-of-way line of said Farm to Market 1460, same being the northwest corner of said 152.38 acre tract, sane being the southwest corner of a Remnant Portion of said 1200.19 acre tract, for the southwest corner hereof; THENCE with the east right-of-way line of said Farm to Market 1460, same being the west line of the Remnant Portion of said 1200.19 acre tract, the following five (5) courses and distances: 1. N 12° 20' 27" E for a distance of 2686.94 feet for an angle point hereof, 2. N 57° 20' 27" E for a distance of 56.58 feet for an angle point hereof, 3. N 12° 20' 27" E for a distance of 80.01 feet for an angle point hereof.. 4. N 31° 54' 33" W for a distance of 57.33 feet for a point of curvature hereof; and 5. with the arc of a curve to the left, having a radius of 1185.92 feet, an arc length of 154.22 feet, a central angle of 07° 27' 03", and a chord which bears N 08° 36' 42" E Annex -5 101.610 Acres Tract Page 3 of 3 for a distance of 154.11 feet to the POINT OF BEGINNING hereof and containing 101.610 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:\PR.OJECTS\AVERY(KHANDL.ER. RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-5.DOC 5°03'43" W 1528.03' T 10' 56'11" .90' 7'46" E .19' SKETCH TO ACCOMPANY DESCIPTION R = 1106.28' DELTA = 17°53'04" ARC = 345.32' BRG. = S 12°12'03" E CH. = 343.92' N 86°49'33" E 63.66' R = 4950.00' DELTA = 09°05'23 ARC = 785.29' BRG. = N 09°07'58" E CH. = 784.46' R = 30.00' DELTA = 89°59'36" ARC =47.12' BRG. = N 58°40'31" E CH. = 42.42' 5 76 1g.4 E POB 7 w P. ao n o N r7 ti O LZNE N OF SUR. PPPROxSMPSE �pGA�158°4p10 2 ` POB 4 S 85°03'43" W 541.25' ,5^p POB 5COUNTY ROAD 112 N 85°03'43" E 555.78' i.. O N NO:V 2 DE RA 1 D7°27'03" C = 154.22' BRG. = N 08°36'42" E CH.=154.11' • S 89°38'09" W 250.80' N B0°29'1 5 101.61 Acres • ARC = 407730;. NJ BRG.H.S 4705.98° W 5699 '15 • .4. R = 1540.00' DELTA = 15°59'02" IfI BRG.ARC CN 77°04'11' E CH. = 428.23' WILLIAMSON COUNTY (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 E s �NIESC Est4n \ \N FPM.\ 1:52p0D5� $ G-SNS HONG SY 0o' Opp,. DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 200 400 X I N In 0) I o J 1 ro 1. Z0 N oQ 1 1 co w a M 0 2 • S 68°51'29" W 46.34' N 21°41'12"W 29.80' 1:929 568°5 PbB 3 I `OS 5 I��BAKER-AICKLEN & ASSDCIATES, INC. Engineers • Surveyors • GIS • Planning 1461 N 20°55'2(" W 40.00' A 011 c)-1 .0S 6 L u US 4 \ - 8 _c 405 BRUSHY CREEK RD. CEDAR PARK, T)( 78613 (512) 260-3.700 W:\PROJECTSIAVERY(a3C HANDLER RDIAVERY OVERALL ANNEXATIONIDWGVAVE RY CENTRE ANNEXATION-OVERALL.dwg IANNEX-5) October 27, 2008 - 10:41am RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 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.35/= Z43� 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 sident r/14,4 -t_ John Q Avery, Trustee of ie 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 4"/' -day of October, 2008, A.D. REBECCA K. HEFNER Notary Public, State of Texas f c My Commission Expires July 30, 2010 psi Notary Public, State of Texas Revised 5-17-05 1 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. ccat L(. C,. Notary y Public -State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this, day of October, 2008, by John S. Avery, Sr., Trustee of the Children of Lucille harp 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. REBECCA A K. HEFNER Notary Public, State o; Texas My Commission Expires July 30, 2010 I' Notary Public - State of Texas DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 REBECCA IC. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 Annex -5 101.610 Acres Tract Page 1 of 3 EXHIBIT «A„ DESCRIPTION FOR A 101.610 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173 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 101.610 ACRE TRACT, AS SIIOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point of intersection on the east right-of-way line of Farm to Market 1460 (80' right-of-way width), and the south 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 bein« an angle point on the west line of a Remnant Portion of said 1200.19 acre tract for the northwest corner and POINT OF BEGINNING hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south right-of-way line of said County Road 112, the following four (4) courses and distances: 1) N 85° 03' 43" E for a distance of 555.78 feet for an angle point hereof. 2) N 80° 29' 16" E for a distance of 250.80 feet for a point of curvature hereof, 3) with the arc of a curve to the left, having a radius of 1540.00 feet, an arc length of 429.62 feet, a central angle of 15° 50' 02", and a chord which bears N 77° 04' 11" E for a distance of 428.23 feet for a point of tangency hereof and 4) N 69° 04' 40" E for a distance of 269.75 feet for an angle point hereof; THENCE crossing to the approximate centerline of said County Road 112, N 20° 55' 20" W for a distance of 40.00 feet for an angle point hereof: Annex -5 101.6] 0 Acres Tract Page2of3 THENCE with the approximate centerline of said County Road 1 l 2. same being the north line of a Remnant Portion of said 1200.19 acre tract. N 67° 04' 28" E for a distance of 97.49 feet for the northeast corner hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. S 05° 53' 55" W for a distance of 2827.11 feet to a point on the south line of a Remnant Portion of said l 200.19 acre tract, same being a point on the north line of a called 152.38 acre tract described in deed to the Wallin Family Investments of record in Document No. 20030 7844 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the north line of said 152.38 acre tract, same being the south boundary line of a Remnant Portion of said 1200.19 acre tract, the following three (3) courses and distances: 1. S 68°51'29" W for a distance of 189.12 feet for an angle point hereof 2. N 21°44'50" W for a distance of 239.44 feet for an angle point hereof and 3. S 68°40'10" W for a distance of 1741.32 feet for a point on the east right-of-way line of said Farm to Market 1460, same being the northwest corner of said 152.38 acre tract, same being the southwest corner of a Remnant Portion of said 1200.19 acre tract, for the southwest corner hereof; THENCE with the east right-of-way line of said Farm to Market 1460, same being the west line of the Remnant Portion of said 1200.19 acre tract, the following five (5) courses and distances: 1. N 12° 20' 27" E for a distance of 2686.94 feet for an angle point hereof, 2. N 57° 20' 27" E for a distance of 56.58 feet for an angle point hereof. 3. N 12° 20' 27" E for a distance of 80.01 feet for an angle point hereof. 4. N 31° 54' 33" W for a distance of 57.33 feet for a point of curvature hereof, and 5. with the arc of a curve to the left, having a radius of 1185.92 feet, an arc length of 154.22 feet, a central angle of 07° 27' 03", and a chord which bears N 08° 36' 42" E Annex - 101.610 Acres Tract Page 3 of 3 for a distance of 154.11 feet to the POINT OF BEGINNING hereof and containing 101.610 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: `cis -cam. /c)- Parker .T. 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 c4CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-5.DOC 5°03'43" W 1528.03' Hl' 56'11" .90' 7'46" E .19' SKETCH TO ACCOMPANY DESCRIPTION R = 1106.28' DELTA =17'53'04" POB 4 ARC = 345.32' BRG. = S 12°12'03' E CH. = 343.92' N 86°49'33" E I / 63.66' R = 4950.00' DELTA = 09°05'23" ARC = 785.29' BRG. = N 09°07'58" E CH. = 784.46' R = 30.00' DELTA = 89°59'36" ARC = 47.12' BRG. = N 58°40'31" E CH. = 42.42' IS,zg, 194j"E • POB 7 ti 1- ti <v S 85'03'43' W 541.25' S 89"38'09" W 250.80' `yA POB 5COUNTY ROAD 112 21 5$� 6•: ARC = 407.30' BRG. = S 77°04'11' W °p44( CH. = 405.98' 969 26915 A I. Z6 pq 4 E "4" N0T N B5°03'43" E 555.78' N B0•yg'16%r"" R = 1540.00' DELTA = 15°59'02" ARC = 429.62' BRG. = N 77°04'11" E DE RA = 07°272 C = 154.22' '03" CH. = 428.23' W "WILLIAMSON COUNTY w ^ BRG. = N 08°36'42" E (3.346 ACRES) o v CH. = 154.11' DOCUMENT NO. 2005010992 0 �^N OFFICIAL RECORDS \ WILLIAMSON COUNTY, TEXAS 2 \ 0 1 W - z t3 d 7CC 7 ~N N m 5 101.61 Acres AVERY RANCH COMPANY, LTD REMNANT PORTION OF A (CALLED 1200.19) DOCUMENT NO. 2002071336 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS O Er SINE SURD] PPRQxIMp,SE UpCA1 OV S6a4p10"VJ A q1 Ey0t� a44 °'1'\\-57.-5.6 M\`S3p0j05 uN ,2wPEE14. 0 ICP.\- - c., CMNP¢. 000 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 200 400 I N ERN N to r7 N W m h Z S 68°51'29" W 46.34' N21°41'12"W 29.80' 1 01 5 11-3 OA BA&AKER-OCAIATEICKLINEN SSS, C. Engineers • Surveyors • GIS • Planning W:IPROJECTS)AVERY@CHANDLER R D1AVERY OVERALL ANNEXATIONIDWG\AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -5) October 27, 2008 - 10:41am RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. N 20'55'20" W 40.00' Vd S 66°610 •� �< n 0 1 6 \ASO EP�\�h2�200. SPO ��NOP G.. 405 BRUSHY CREEK RR CEDAR PARK, TX 7E1613 1512) 260-3700 PPP Ordinance No. A-08-11-13-1106 Annexing 101.610 acres (Avery Centre East Tract 5) 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 2008088073 E .-JR-d 11/26/2008 04:28 PM CMCNEELY $80.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS