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'
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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
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AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
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��BAKER-AlCKLEN
& ASSOCIATES, INC,
Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK 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
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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'
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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
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AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
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46.34'
N21°41'12"W
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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
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,5^p POB 5COUNTY ROAD 112
N 85°03'43" E 555.78'
i..
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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
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
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(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.
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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'
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BRG. = S 77°04'11' W °p44(
CH. = 405.98' 969 26915
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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
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\ WILLIAMSON COUNTY, TEXAS
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101.61 Acres
AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
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DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
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JOB NO. 1774-2-001-00
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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
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405 BRUSHY CREEK RR
CEDAR PARK, TX 7E1613
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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