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A-08-11-13-11C8 - 11/13/2008ORDINANCE NO. A -0v- - t 3 - (\C23 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 70.650 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE ABEL EAVES SURVEY, ABSTRACT NO. 215, 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 70.650 acre tract of land out of the Thomas Toby Survey, Abstract No. 625 and the Abel Eaves Survey, Abstract No. 215, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and 0:\WDOX\ORDINANC\081113C8.DOC/rmc WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. 2 V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. VIII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid 3 portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this �� day of 0),/ LQ -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. SARA L. WHITE, City Secretary MCGRAW, Mayor City of Round Rock, Texas 5 Annex -6 70.650 Acres Tract Page 1 of 3 . EXHIBIT "A„ V DESCRIPTION FOR A 70.650 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, AND THE ABEL EAVES SURVEY A.BsTRAcr NO. 215 IN Vv ILLIAMSON 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 70.650 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH. IS MORE PARTICULARLY DESCRIBED BY MI:; I ES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the east right-of-way line of County Road 112 (120 foot right-of- way width), same being the southwest corner of a called 101.376 acre tract of land in deed to Texas State University System as recorded in Document No. 2004014440 of the Official Public Records of said County. for the most westerly corner and POINT OF BEGINNING hereof: THENCE leaving the east right-of-way line of said county Road 112, with the south line of said 101.376 acre tract, with the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 58° 04' 46" E for a distance of 644.52 :feet for an angle point hereof, 2) N 21° 08' 47" W for a distance of 58.77 feet for an angle point hereof_ and 3) N 29° 59' 07" E for a distance of 999.48 feet for an angle point of a Remnant Portion of said 1200.19 acre tract, for an angle point hereof: THENCE through the interior of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 50° 40' 33" E for a distance of 14.47 feet for a point of curvature hereof. 2) with the arc of a curve to the right, having a radius of 600.64 feet, an arc length of 480.94 feet, a central angle of 45° 52' 38", and a chord which bears S 27° 44' 14" E for a distance of 468.19 feet for a point of tangency hereof, 3) S 04° 47' 55" E for a distance of 437.63 feet for a point of curvature hereof, Annex -6 70.650 Acres Tract Page 2 of 3 4) with the arc of a curve to the left. having a radius of 50.00 feet, an arc length of 83.42 feet, a central angle of 95° 35' 50", and a chord which bears S 52° 35' 49" E for a distance of 74.08 feet for a point of compound curvature hereof. 5) with the arc of a curve to the left, having a radius of 415.00 feet, an arc length of 285.59 feet, a central angle of 390 25' 47", and a chord which bears N 59° 53' 22" E for a distance of 279.99 feet for a point of tangency hereof. 6) N 40° 10' 29" E for a distance of 130.92 feet for a point of curvature hereof. 7) with the arc of a curve to the right, having a radius of 545.00 feet. an arc length of 272.74 feet, a central angle of 28° 40' 24", and a chord which bears N 54° 30' 41" E for a distance of 269.91 feet for a point of tangency hereof, and 8) N 68° 50' 53" E for a distance of 245.69 feet for a point on the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being a point on the west right-of- way line of Farm to Market 1460. (80' right-of-way width), for an angle point hereof; THENCE with the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being the west right-of-way line of said F. M. 1460 the following two (2) courses and distances: 1) S 21° 08' 56" E for a distance of 1166.37 feet for a point of curvature hereof. and 2) with the arc of a curve to the right, having a radius of 1106.28 feet, an arc length of 345.32 feet, a central angle of 17° 53' 04", and a chord which bears, S 12° 12' 03" E for a distance of 343.92 feet for a point of intersection of the west right-of-way line of said F. M. 1460 and the north right-of-way line of said County Road 112, for a point of non -tangency hereof: THENCE departing the west right-of-way line of said F. M. 1460, with the north right-of-way line of said County Road 112 the following four (4) courses and distances: 1. S 41° 37' 41" W for a distance of 72.63 feet for an angle point hereof, 2. S 85° 03' 43" W for a distance of 1528.03 feet for a point of curvature hereof: �. with the arc of a curve to the right, having a radius of 940.00 feet, an arc length of 1118.38 feet. a central angle of 68°� 10' 06", and a chord which bears N 60° 51' 15" W for a distance of 1053.57 feet for a point of tangency hereof. and Annex -6 70.650 Acres Tract Page 3 of 3 4. N 26° 46' 12" W for a distance of 284.67 feet to the POINT OF BEGINNING and containing 70.650 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-AICKLI N & ASSOCIATES. INC. 405 Brushy Creek Road Cedar Park. Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: W:APROJEChS\AVERY4 CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-6.DOC • A SKETCH TO ACCOMPANY DESCRIPTION (CALLED 101.376 ACRES) TEXAS STATE UNIVERSITY SYSTEM DOC. #2004014440 O.P.R.W.C., TX N N sin N°° o, • 5ti 14.47' S 50°40'33" E R=600.64' DELTA = 45°52'38" ARC = 480.94' BRG. = S 27°44'14" E CH. = 468.19' POB 6 �� \-1NE s OXZMp�� oGp,ZpN pPPR R = 1060.00' DELTA = 68°10'06" ARC = 1261.15' BRG. = S 60°51'15" E CH. = 1188.07' 8 R = 30.00' DELTA = 95°57'56" ARC = 50.25' BRG. = S 23°00'36" W CH. = 44.58' R = 1000.00' DELTA = 40°08'10" ARC = 700.51' BRG. = S 04°54'14" E CH. = 686.27' • A 0' Cn m w w • \ \\ \ O \ U 0 200 400 \ \ \I\- R=50.00' 1st( DELTA = 95°35'50" ARC = 8342' BRG. = S 52°35'49" E CH. = 74.08' R = 545.00' DELTA = 26°40'24" \ \ ARC = 272.74' BRG. = N 54°30'41" E CH. = 269.91' Ak HHHHO N 245py3 E N sa �ti H co / N 0 a rn� m R = 415.00' /DELTA = 39°25'47" ARC = 285.59' BRG. = N 59°53'22" E CH. = 279.99' 6 70.65 Acres R=940.00' THOMAS TOBY SURVEY DELTA =68°10'06"ABSTRACT NO- 625 ARC = 1118.38' BRG. = N 60°51'15" W CH. = 1053.57' N 85°0 .903" E A 223 36 l0°5g3a 1440.00' 07„ S R' 14°04' , DELT C : 363. 39• W PA BTa°069 gRGGH = 352• DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 9 65°03143" W 1528.03' T ( .7 o R = 1106.28' DELTA = 17°53'04" ARC = 345.32' BRG. = S 12°12'03" E CH. = 343.92' N 0' • all DELTA BRG. = N CH.' N 86°49'33" E 63.66' pinix BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 78613 M121260-3700 W.\PROJECTS1AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION \ DWG \AVERY CENTRE ANNEXATION-OVERALL.dwg [ANNEX -6] 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. 2.1.1)000.305f- , Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: !i JS. Avery, Sr., Preside Owner(s) SUBSCRIBED AND SWORN TO BEFORE MEQ a notary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this ' day of October, 2008, A.D. REBECCA K. HEFNER _ Notary Public, State of Texas �� p? My Commission Expires ,,,,,, July 30, 2010 'JJJI/lll�� • Notary Public, Statq of Texas Ihie+tHatAtbliergittt.e-ef--T-exers Revised 5-17-05 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the,— ° day of October, 2008, by John S. Avery, Sr., the President, of Avery Centre DevCo, Inc., a Texas business organization, on behalf of said business organization. 1_ REBECCA K. HEFNEl2 � - � ` Notary Public, State or Texas j Notary Public, State of Texas = My Commission Expires July 30, 2010 DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -6 70.650 Acres Tract Pale 1 of 3 EXHIBIT "A" • DESCRIPTION FOR A 70.650 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, AND THE ABEL EAVES SURVEY ABSTRACT NO. 215 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 70.650 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARITICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the east right-of-way line of County Road 112 (120 foot right-of- way ight-ofway width), same being the southwest corner of a called 101.376 acre tract of land in deed to Texas State University System as recorded in Document No. 2004014440 of the Official Public Records of said County, for the most westerly corner and POINT OF BEGINNING hereof; THENCE leaving the east right-of-way line of said county Road 112, with the south line of said 101.376 acre tract, with the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 58° 04' 46" E for a distance of 644.52 feet for an angle point hereof; 2) N 21° 08' 47" W for a distance of 58.77 feet for an angle point hereof, and 3) N 29° 59' 07" E for a distance of 999.48 feet for an angle point of a Remnant Portion of said 1200.19 acre tract, for an angle point hereof: THENCE through the interior of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 50° 40' 33" E for a distance of 14.47 feet for a point of curvature hereof; 2) with the arc of a curve to the right, having a radius of 600.64 feet, an arc length of 480.94 feet, a central angle of 45° 52' 38", and a chord which bears S 27° 44' 14" E for a distance of 468.19 feet for a point of tangency hereof, 3) S 04° 47' 55" E for a distance of 437.63 feet for a point of curvature hereof, Annex -6 70.650 Acres Tract Page 2 of 3 4) with the arc of a curve to the left, having a radius of 50.00 feet, an arc length of 83.42 feet, a central angle of 95° 35' 50", and a chord which bears S 52° 35' 49" E for a distance of 74.08 feet for a point of compound curvature hereof. 5) with the arc of a curve to the left, having a radius of 415.00 feet, an arc length of 285.59 feet, a central angle of 39° 25' 47", and a chord which bears N 59° 53' 22" E for a distance of 279.99 feet for a point of tangency hereof. 6) N 40° 10' 29" E for a distance of 130.92 feet for a point of curvature hereof_ 7) with the arc of a curve to the right, having a radius of 545.00 feet_ an arc length of 272.74 feet, a central angle of 28° 40' 24", and a chord which bears N 54° 30' 41" E for a distance of 269.91 feet for a point of tangency hereof, and 8) N 68° 50' 53" E for a distance of 245.69 feet for a point on the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being a point on the west right-of- way line of Farm to Market 1460. (80' right-of-way width), for an angle point hereof; THENCE with the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being the west right-of-way line of said F. M. 1460 the following two (2) courses and distances: 1) S 21° 08' 56" E for a distance of 1166.37 feet for a point of curvature hereof. and 2) with the arc of a curve to the right, having a radius of 1106.28 feet, an arc length of 345.32 feet, a central angle of 17° 53' 04", and a chord which bears, S 12° 12' 03" E for a distance of 343.92 feet for a point of intersection of the west right-of-way line of said F. M. 1460 and the north right-of-way line of said County Road 112, for a point of non -tangency hereof: THENCE departing the west right-of-way line of said F. M. 1460, with the north right-of-way line of said County Road 112 the following four (4) courses and distances: 1. S 41° 37' 41" W for a distance of 72.63 feet for an angle point hereof; 2. S 85° 03' 43" W for a distance of 1528.03 feet for a point of curvature hereof. 3. with the arc of a curve to the right, having a radius of 940.00 feet, an arc length of 1118.38 feet, a central angle of 68° 10' 06", and a chord which bears N 60° 51' 15" W for a distance of 1053.57 feet for a point of tangency hereof. and Annex -6 70.650 Acres Tract Page 3 of 3 4. N 26° 46' 12" W for a distance of 284.67 feet to the POINT OF BEGINNING and containing 70.650 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: T - X0-2 Y-2 ''s Parker J. Graham 61 Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN &. ASSOCIA"I,FS, .INC. 405 Brushy Creek Road Cedar Park_ Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: W:APROJECTS\AVERYCHANDEER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-6.DOC SKETCH TO ACCOMPANY DESCRIPTION (CALLED 101.376 ACRES) TEXAS STATE UNIVERSITY SYSTEM DOC. #2004014440 O.P.R.W.C., TX h6 ° ylS rn�N R = 1060.00' DELTA = 68°10'06" ARC = 1261.15' BRG. = S 60°51'15" E CH. = 1188.07' 8 R = 30.00' DELTA = 95°57'56" ARC = 50.25' BRG, = S 23°00'3B" W CH. = 44.58' N N \ °‘oD CO 14.47' S 50°40'33" E R = 600.64' DELTA = 45°52'38" ARC = 480.94' BRG. = S 27°44'14" E CH. = 468.19' A m 0) w 'cC.d �W /\ \\?� \ \ kR \ \ U 0 0 200 400 R = 50.00' \ \t(i DELTA = 95°35'50" ARC = 83.42' \ BRG. = S 52°35'49" E \ CH. = 74.08' R = 545.00' U` DELTA = 28°40'24" ARC = 272.74' BRG. = N 54°30'41" E CH. = 269.91' d 1, eti ti°) ,ted p0 - 2g5's53 v+03 '-; R=415.00' /DELTA = 39°25'47" ARC = 265.59' BRG. = N 59°53'22" E CH. = 279.99' POB 6 oJc2( cl oGP�1pN R = 1000.00' DELTA = 40°08'10" ARC = 700.51' BRG. = S 04°54'14" E CH. = 686.27' • • 6 �zNE 70.65 Acres R=940.00' THOMAS TOBY SURVEY DELTA =68°10'06"ABSTRACT NO. 825 ARC = 1118.38' BRG. = N 60°51'15" W CH. = 1053.57' 225:35 c N 85°03'43" E 53.90 4. A Sj0,5936 R=1440.04'07" DEpRC = 353.519^ W BRG• C1'\578°0A 7352.69 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG S 85°03'43" W 1528.03' O1 5 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' eo 6hh DELTA BRG. = N CH. ♦ 5E / N 7.1.0‘,jI BAKER-AlCKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 7E1613 15 731240-3700 W.\PROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWG\AVERY CENTRE ANNEXATION-OVERALL.dwg ]ANNEXE] October 27, 2008 - 10:41am DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 11C8. Consider an ordinance annexing 70.650 acres of land north of CR112 and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 6. (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 ORD 17 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2008088075 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 -08-11-13-11C8 which annexes 70.650 acres of land north of CR 112 and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 6. 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. Pt -Uv-- (H 3 - (1 G2..) AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 70.650 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE ABEL EAVES SURVEY, ABSTRACT NO. 215, 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 70.650 acre tract of land out of the Thomas Toby Survey, Abstract No. 625 and the Abel Eaves Survey, Abstract No. 215, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and 0:\WDO%\ORDINANC\081113C8.DOC/rmc WHEREAS, requirements of the City Council has determined Section 43.028, Local Government Code complied with and hereby consider it petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: appropriate that all have been to grant the I. That all of the above premises are found to correct and are incorporated into if copied in their entirety. That the II. the body of this City Council has heard against the annexation for annexation. be true and Ordinance as the arguments for and and has determined to grant the petition III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. 2 V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. VIII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid 3 portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council requirement for reading this ordinance on dispensed with. READ, PASSED, and ADOPTED on first of FV--v-LQ--v' , 2008. 4 members present, the two separate days was reading this �� 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 , 2008. ATTEST: SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -6 70.650 Acres Tract Page 1 of 3 EXHIBIT «A„ DESCRIPTION FOR A 70.650 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURREY, ABSTRACT NO. 625, AND THE ABEL EAVES SURVEY ABSTRACT NO. 215 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 70.650 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH.. IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the east right-of-way line of County Road 112 (120 foot right-of- way width), same being the southwest corner of a called 101.376 acre tract of land in deed to Texas State University System as recorded in Document No. 2004014440 of the Official Public Records of said County, for the most westerly corner and POINT OF BEGINNING hereof: THENCE leaving the east right-of-way line of said county Road 112, with the south line of said 101.376 acre tract. with the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 58° 04' 46" E for a distance of 644.52 feet for an angle point hereof. 2) N 21° 08' 47" W for a distance of 58.77 feet for an angle point hereof; and 3) N 29° 59' 07" E for a distance of 999.48 feet for an angle point of a Remnant Portion of said 1200.19 acre tract, for an angle point hereof; THENCE through the interior of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 50° 40' 33" E for a distance of 14.47 feet for a point of curvature hereof, 2) with the arc of a curve to the right, having a radius of 600.64 feet, an arc length of 480.94 feet, a central angle of 45° 52' 38", and a chord which bears S 27° 44' 14" E for a distance of 468.19 feet for a point of tangency hereof, 3) S 04° 47' 55" E for a distance of 437.63 feet for a point of curvature hereof. Annex -6 70.650 Acres Tract Page 2 of 3 4) with the arc of a curve to the left, having a radius of 50.00 feet, an arc length of 83.42 feet, a central angle of 95° 35' 50", and a chord which bears S 52° 35' 49" E for a distance of 74.08 feet for a point of compound curvature hereof. 5) with the arc of a curve to the left, having a radius of 415.00 feet, an arc length of 285.59 feet, a central angle of 39° 25' 47", and a chord which bears N 59° 53' 22" E for a distance of 279.99 feet for a point of tangency hereof. 6) N 40° 10' 29" E for a distance of 130.92 feet for a point of curvature hereof. 7) with the arc of a curve to the right, having a radius of 545.00 feet, an arc length of 272.74 feet; a central angle of 28° 40' 24", and a chord which bears N 54° 30' 41" E for a distance of 269.91 feet for a point of tangency hereof; and 8) N 68° 50' 53" E for a distance of 245.69 feet for a point on the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being a point on the west right-of- way line of Farm to Market 1460, (80' right-of-way width), for an angle point hereof; THENCE with the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being the west right-of-way line of said F. M. 1460 the following two (2) courses and distances: 1) S 21° 08' 56" E for a distance of 1166.37 feet for a point of curvature hereof. and 2) with the arc of a curve to the right, having a radius of 1106.28 feet, an arc length of 345.32 feet, a central angle of 17° 53' 04", and a chord which bears, S 12° 12' 03" E for a distance of 343.92 feet for a point of intersection of the west right-of-way line of said F. M. 1460 and the north right-of-way line of said County Road 112, for a point of non -tangency hereof: THENCE departing the west right-of-way line of said F. M. 1460, with the north right-of-way line of said County Road 112 the following four (4) courses and distances: 1. S 41° 37' 41" W for a distance of 72.63 feet for an angle point hereof. 2. S 85° 03' 43" W for a distance of 1528.03 feet for a point of curvature hereof. 3. with the arc of a curve to the right, having a radius of 940.00 feet, an arc length of 1118.38 feet, a central angle of 68° 10' 06", and a chord which bears N 60° 51' 15" W for a distance of 1053.57 feet for a point of tangency hereof. and Annex -6 70.650 Acres Tract Page 3 01'3 4. N 26° 46' 12" W for a distance of 284.67 feet to the POINT OF BEGINNING and containing 70.650 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NA.D 83 per GPS survey performed during August and September. 2003. Surveyed under the direct supervision of the undersigned during October. 2008: /0-2 Y-24Avs Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES_. INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512)-260-3700 ,c 9 r= 'r PARKER GRAHAM 9 5556 �v rQ-f y4.oFEss�o jy, O'' c r Job No.: 1774-2-001-00 Filename: W:\\PROJECTS\AVERY.a-CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-6.DOC 1-? SKETCH TO ACCOMPANY DESCRIPTION (CALLED 101.376 ACRES) TEXAS STATE UNIVERSITY SYSTEM DOC. #2004014440 O.P.R.W.C., TX 0 b 6$ O $ 'in 0� a -o" °yam 2 o - m 5 14.47' S 50°40'33" E R = 600.64' DELTA = 45°52'38" ARC = 460.94' BRG. = S 27°44'14" E CH. = 468.19' POB 6 °R\lc-v / pF �ppPj1pN PPPRp,�Z1+,P R = 1060.00' DELTA = 68°10'06" ARC = 1261.15' BRG. = S 60°51'15" E CH. = 1188.07 8 `SNE J 0 m w R = 50.00' DELTA = 95°35'50" ARC = 83.42' BRG. = S 52°35'49" E CH. = 74.08' R = 545.00' DELTA = 28°40'24" ARC = 272.74' BRG. = N 54°30'41" E CH. = 269.91' ti R = 415.00' /DELTA = 39°25'47" ARC = 285.59' BRG. = N 59°53'22" E CH. = 279.99' 6 70.65 Acres R=940.00' THOMAS TOBY SURVEY DELTA =68°10'06"ABSTRACT NO. 625 ARC = 1118.38' BRG. = N 60°51'15" W CH. = 1053.57' N 95°03'43" E 53.90' R = 30.00' DELTA = 95°57'56" ARC = 50.25' BRG. = S 23.00'36" W CH. = 44.58' DELTA � 040 08'10" ARC = 700.51' BRG. = S 04°54'14" E CH. = 686.27' 223 35 s -0136 0136 N4 R =14 4°004'07" pE�"tC` 35339" AR 80 BRG = S 7352.69, OA. DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 0 200 • tR 24553 E 66°5 S 85°03'43" W 1528.03' T 400 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' DELTA BRG. = CH. ' / I�.� BAKER-AICKLEN F ASSOCIATES, INC, Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 7E613 1512) 26133700 W:\PROJECTSW V ERY@CHANDLER RDIAVERY OVERALL ANNEXATION\DWG1AVERY CENTRE ANNEXATION-OVERALL.dwg )ANNEX -6J October 27. 2008 - 10:41am RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT 1 a nBn 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. 003 3 f , Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: JS. Avery, Sr., Preside Owner(s) SUBSCRIBED AND SWORN TO BEFORE MEanotary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this b day of October, 2008, A.D. REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 /LC( t Notary Public, Statis(of Texas Revised 5-17-05 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on th g � 66 day of October, 2008, by John S. Avery, Sr., the President, of Avery Centre DevCo, Inc., a Texas business organization, on behalf of said business organization. i 2tut4 '1l¢/' Notary Public, State of Texas REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 Revised 5-17-05 Annex -6 70.650 Acres Tract Page 1 of 3 IEXHIBIT DESCRIPTION FOR A 70.650 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, AND THE ABEL EAVES SURVEY ABSTRACT NO. 215 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 70.650 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH.. IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the east right-of-way line of County Road 112 (120 foot right-of- way width), same being the southwest corner of a called 101.376 acre tract of land in deed to Texas State University System as recorded in Document No. 2004014440 of the Official. Public Records of said County, for the most westerly corner and POINT OF BEGINNING hereof; THENCE leaving the cast right-of-way line of said county Road 112, with the south line of said 101.376 acre tract, with the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 58° 04' 46" E for a distance of 644.52 feet for an angle point hereof. 2) N 21° 08' 47"W for a distance of 58.77 feet for an angle point hereof; and 3) N 29° 59' 07" E for a distance of 999.48 feet. for an angle point of a Remnant Portion of said 1200.19 acre tract, for an angle point hereof: THENCE through the interior of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 50° 40' 33" E for a distance of 14.47 feet for a point of curvature hereof, 2) with the arc of a curve to the right, having a radius of 600.64 feet, an arc length of 480.94 feet, a central angle of 45° 52' 38", and a chord which bears S 27° 44' 14" E for a distance of 468.19 feet for a point of tangency hereof, 3) S 04° 47' 55" E for a distance of 437.63 feet for a point of curvature hereof. Annex -6 70.650 Acres Tract Page 2 of 3 4) with the arc of a curve to the left., having a radius of 50.00 feet. 83.42 feet, a central angle of 95° 35' 50", and a chord which bears for a distance of 74.08 feet for a point of compound curvature hereof 5) with the arc of a curve to the left, having a radius of 415.00 feet. 285.59 feet, a central angle of 39° 25' 47", and a chord which bears for a distance of 279.99 feet for a point of tangency hereof. 6) N 40° 10' 29" E for a distance of 130.92 feet for a point of curvature 7) with the arc of a curve to the right; having a radius of 545.00 feet. 272.74 feet; a central angle of 28° 40' 24", and a chord which bears for a distance of 269.91 feet for a point of tangency hereof. and 8) N 68° 50' 53" E for a distance of 245.69 feet for a point on the east boundary line of a Remnant Portion of said 1200.1.9 acre tract, same being a point on the west right-of- way line of Farm to Market 1460. (80' right-of-way width); for an angle point hereof; THENCE with the east boundary line of a Remnant Portion of said 1200.19 acre tract, same being the west right-of-way line of said F. M. 1460 the following two (2) courses and distances: 1) S 21° 08' 56" E for a distance of 1166.37 feet for a point of curvature hereof. and 2) with the arc of a curve to the right, having a radius of 1106.28 feet, an arc length of 345.32 feet, a central angle of 17° 53' 04", and a chord which bears, S 12° 12' 03" E for a distance of 343.92 feet for a point of intersection of the west right-of-way line of said F. M. 1460 and the north right-of-way line of said County Road 112; for a point of non -tangency hereof; THENCE departing the west right-of-way line of said F. M. 1460, with the north right -of --way line of said County Road 112 the following four (4) courses and distances: l . S 41° 37' 41" W for a distance of 72.63 feet for an angle point hereof. 2. S 85° 03' 43" W for a distance of 1528.03 feet for a point of curvature hereof, 3. with the arc of a curve to the right, having a radius of 940.00 feet, an arc length of 1118.38 feet, a central angle of 68° 10' 06", and a chord which bears N 60° 51' 15" W for a distance of 1053.57 feet for a point of tangency hereof, and an arc length of S52°35'49"E an arc length of N59°53'22"E hereof, an arc length of N54°30'41"E Annex -6 70.650 Acres Tract Page 3 of 3 4. N 26° 46' 12" W for a distance of 284.67 feet to the POINT OF BEGINNING and containing 70.650 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: l /0 2 y-24108 Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: W:\PROJECTS\.AVERY(a CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-6.DOC a SKETCH TO ACCOMPANY DESCRIPTION {CALLED 101.376 ACRES) TEXAS STATE UNIVERSITY SYSTEM DOC. #2004014440 O.P.R.W.C., TX Ncp c: F VS - 'T -6\ R = 1060.00' DELTA = 68"10'06" ARC = 1261.15' BRG. = S 60°51'15" E CH. = 1188.07' 8 m ° --1 0 - • AV•� 14.47' S 50°40'33" E R = 600.64' DELTA = 45°52'38" ARC = 480.94' BRG. = S 27°44'14" E CH. = 468.19' POB 6 / SURJOY OF L-oC ON PPPRoxtMPj� En A 0 m \ �d R = 50.00' DELTA = 95°35'50" ARC = 83.42' BRG. = S 52°35'49" E CH. = 74.08' R = 545.00' DELTA = 28°40'24" ARC = 272.74' BRG. = N 54°30'41" E CH. = 269.91' \ s`8 /R415.00'13 DELTA5'47" ARC = 285.59' BRG. = N 59°53'22" E CH. = 279.99' 6 70.65 Acres R=940.00' THOMAS TO BY" DELTA =68°10'06^ABSTRACT NO. ARC = 1118.38' BRG. = N 60°51'15" W CH. = 1053.57' SURVEY 825 248;.,°,553`. 146'8°5 S 85°03'43" W 1528.03' 0 R = 1106.28' DELTA = 17°53'04" BRG. SAR12•12033E CH. = 343.92' 200 400 N853.903"E R = 30.00' DELTA = 95°57'56" ARC = 50.25' BRG. = S 23°00'38" W CFI. = 44.58' DELTA =040°08'10" BRG. ARC 0454 14" E CH. = 686.27' 22� S 90°5g,9 "144C1:307" 4 • DEL' = 353139• VJ BRG 755269 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG T ( N 86°49'33" E 63.66' DELRTA ARC BRG. = N CH. V� R = 1-/` BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 78613 151 2) 260-37130 W: IPROJECTSIAVERY@CHANDLER RDIAVERY OVERALL ANNEXATIONIDWG1AVERY CENTRE ANNEXATION-OVERALL.dwg )ANNEX -6) October 27, 2008 - 10:41am Ordinance No. A -08-11-13-11C8 Annexing 70.650 acres (Avery Centre West Tract 6) 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 2008088075 11/26/2008 04:28 PM CMCNEELY $80.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS