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A-08-12-18-12B1 - 12/18/2008ORDINANCE NO. A 0P-12 - /v- /24' AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 17.583 ACRES OF LAND, OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO 232 AND THE W. DRUMMOND SURVEY 109, ABSTRACT NO. 233, IN TRAVIS 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 17.583 acre tract of land out of the Socrates Darling Survey 102, Abstract No. 232 and the W. Drummond Survey 109, Abstract No. 233, in Travis 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\081218B1.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. 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 De%GGNAv-�Y 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: V1/ititit SARA L. WHITE, City Secretary , 2008. }ki ALAN MCGRAW, Mayor City of Round Rock, Texas 5 EXHIBIT "A" CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING_ THE SAME TRACT CONVEYED TO JAMES P. AND MAJELLA S. MICHAEL IN VOL. 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/4" iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest corner of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest corner of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a '/2" iron pin set at the Southwest corner of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest comer of this tract. THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a'/" iron pin set at the Northwest corner of a 2.040 acre tract conveyed to Michael Tract Partners in Vol. 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a 1/2" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast corner of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a 'A" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast comer of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest corner of this tract THENCE N 27° 46' 58" E, 74.37 feet to a'/4" iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast comer of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a 1/2" iron pipe found at the Northeast corner of said 8.178 acre tract. 1 2) N 64° 06' 27" W,.171.56 feet to a '/2" iron pipe found. 3) N 73° 47' 08" W, 410.03 feet to the POINT OF BEGINNING and containing 15.5449 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 z CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL. 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest corner of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a %" iron pin set at the Southeast corner of a 4.0 acre tract conveyed to David W. Leppin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59° 43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a'/" iron pin set at the Northeast corner of said 15.255 acre tract for the Northwest corner of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a 1/2" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under niy supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 • 3 W - vi z �c N _O <>,__ KNUm Z Q .(4 QQ 0-3.).c.mx 520UVn1-U WW=QFW`�QNN.Ua. W>H t=''NW>F-�O OW M <>- VWOtMM<WM 4 WUNQ"ZO 1.“:1, QMpUO?N=pZWONW WYMDUMOCn W209ZNM0OJ7tM OIX N1MKXN�WCOy°OO~ N� W)"0 M.0CWO<0_�^Z WJ~ g QQe�MOOMmwxCCxZMOOMMMZ ^[U<WO O 00Q001-0YU Orme o o 8 OVN a 1 ....00.010 3.LZAIASS U ti II N ig Id r i vii 4. ciNOIS4 V4Cf m.st) Mrai'{+ 14 — ; ..;;;;0+ "01s 00°1- - - •sron M.Liat.6SN Orals a- app 3fa.7r6 0'} 4 t — msq- S 0 5 .�, 11 O • 00 No O — M 1N3� FzmdZ < 1 = F mid. 1 F06 -1R8 t WAINllIr' i 1°°11' flJJ! 3; d qz- io.' SOCRATES DARLING SURVEY 102 ABSTRACT NO. 232 .wmox smcr 109 ABSTRACDT NO 233 q ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No 9°°84472 Official Public Records o County, or in Volume Page `2oo7z14341 Deed Records offAFiiiiamsew County. 1'17-Av15 C-c01•11Y— SIVSECRIBED AND SWORN TO BEFORE ME, a notary public, by ill(c ri.Q 1C r411 t r thisa44- day of A.D. ,20 OS' , ?, A�KR10LEi VI• .�,.,miestonEXP1ses .. arraer OT, X11 Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrume t was acknowledged before me on the a i day oP l r�,-.. 202 by J 1 o.r . %� r�`4I y Notary Public, State of Texas 1 a 3 EXHIBIT IB" CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING.THE SAME TRACT CONVEYED TO JAMES 1'. AND MAJELLA S. MICHAEL IN VOL 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/," iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest corner of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest comer of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a '/s" iron pin set at the Southwest corner of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest corner of this tract THENCE S 59° 27" E with the of said acre at the Northwest comer of a'2.040 acre tract conveyede to Michael Tractartners Vol.t, 816.50 t 1039to a 3' Pg. 353 iron o set the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a %" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast comer of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a'/" iron pin found at an angle point in the North Iine of said 32.537 acre tract for the Southeast corner of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest corner of this tract THENCE N 27° 46' 58" E, 74.37 feet to a %" iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast comer of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a '%" iron pipe found at the Northeast corner of said 8.178 acre tract. 2) N 64° 06' 27" W, 171.56 feet to a %" iron pipe found. 3) N 73° 47' 08" W, 410.03 feet to the POINT 01? BEGINNING and containing 15.5449 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING Int SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL. 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast comer of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest corner of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a 4" iron pin set at the Southeast comer of a 4.0 acre tract conveyed to David W. Leppin in VoI. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59° 43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a'/" iron pin set at the Northeast canner of said 15.255 acre tract for the Northwest corner of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' I1" W, 526.38 feet to a'/" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under nay supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 1 i j DATE: December 11, 2008 SUBJECT: City Council Meeting — December 18, 2008 ITEM: 1261. Consider an ordinance annexing 17.583 acres of land east of and abutting Greenlawn Boulevard between State Highway 45 and IH -35 (also known as the Michael Tract). (First reading) Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director The purpose of the PUD is to allow for higher density apartment development when it is accompanied by a parking structure. While the MF (Multi -Family) district limits apartment density to 20 units per acre, the PUD allows density to increase to a maximum of 30 units per acre if all of the required parking is provided in a parking structure, such as a parking garage or an underground parking area. The maximum height of buildings for the higher density apartments is five (5) stories and the minimum building setback is 15 feet. The PUD allows for apartments limited to 20 units per acre with surface parking, but the street yards must contain a landscaped earthen berm located and designed to screen the parking areas from the street. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Planning and Zoning Commission recommended approval of the proposed zoning change at their November 5, 2008 meeting. Public Comment: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on November 5, 2008. RECORDED DOCUMENT FOLLOWS 101011 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK iii 11 11 111 11 11011 ORD 17 PGS 2009003663 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 -08-12-18-12B1 which annexes 17.583 acres of land east of and abutting Greenlawn Boulevard between State Highway 45 and IH -35 (also known as the Michael Tract). This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the 18th day of December 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 23rd day of December 2008. SARA L. WHITE, City Secretary ORDINANCE NO. A—Csh-12- /Vj. J2.4 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 17.583 ACRES OF LAND, OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO 232 AND THE W. DRUMMOND SURVEY 109, ABSTRACT NO. 233, IN TRAVIS 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 17.583 acre tract of land out of the Socrates Darling Survey 102, Abstract No. 232 and the W. Drummond Survey 109, Abstract No. 233, in Travis 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 17:\WDOX\ORDINANC\081�1B81.DOC/rmc WHEREAS, the City Council has determined that all requirements of Section 43.028, Local 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: Government Code have been appropriate to grant the 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 64' day Y of 2008. 4 Alternative 2. READ and APPROVED on first reading this the day of , 2008. SAD, APPROVED and ADOPTED on second reading this the day of ATTEST: <13k1VAO-- • VIA7te, SARA L. WHITE, City Secretary , 2008. ALAN MCGRAW, Mayor City of Round Rock, Texas 5 EXHIBIT «A" CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING.THE SAME TRAGI CONVEYED TO JAMES P. AND MAJELLA S. MICHAEL IN VOL. 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'4" iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest corner of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest corner of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a %_" iron pin set at the Southwest corner of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest corner of this tract. THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a'' A" iron pin set at the Northwest corner of a 2.040 acre tract conveyed to Michael Tract Partners in Vol. 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses; 1) S 30° 12' 11" W, 526.38 feet to a %2" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast corner of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a %" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast corner of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest corner of this tract THENCE N 27° 46' 58" E, 74.37 feet to a'/." iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast comer of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a' A" iron pipe found at the Northeast corner of said 8.178 acre tract. 1 2) N 64° 06' 27" W,.171.56 feet to a V2" iron pipe found. 3) N 73° 47' 08" W, 410.03 feet to the POINT OF BEGINNING and containing 15.5449 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 z CRICHTON AND ASSOCIATES, INC.. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast corner of this tract and the POINT OF BEGINNING THENCE N 30° 09' 59" E passing the Northwest corner of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a :" iron pin set at the Southeast comer of a 4.0 acre tract conveyed to David W. Leppin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59°43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a /z" iron pin set at the Northeast corner of said 15.255 acre tract for the Northwest corner of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a 'A" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 3 RECORDERS MEMORANDUM A11 or parts of the text on this page was not clearly legible for satisfactory recordation. PUD 85 Zoning tt Toll 's ,f Cl 0 01 `o, # Tract , E 17.583 ac , ETJ ET,J Cl 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 taus in Deed(s) recorded as Document No 900844 $ Official Public Records of'� IIflm aserr County, or in Volume Page 2oe72i43¢1 Deed Records orAclillanorsen County. *17-Avi5 ccui.STY SU4SCRIBED AND, SWORN BEFORE F E ay of "F' lry public A.D. i cern.& t r It r , 20 4? -—► to„--,„-gdjAL. Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instruret was acknow edged before me on the al day 2Ook- by J.A o."4_ �o. Notary Public, State of Texas EXHIBIT "Bn CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES URVEDARL1 9,AABSTACT NO.2333IIN 102, TTRAVIS COUNTY W. NO. 232 AND IRE DRUMMOND SAME TRACT CONVEYED TO JAMES P. , TEXAS LLA S. CRAE 7'N VOL. 112287 PG. 390 OF THE TRAVLS COUNTY, XAS OFFICIAL, LIN RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Northwest BEGINNING at g'4" iron aca tractpipe vow on the Bast RO. W. of Greenlawn Boulevard et the Travis County, Texas Official Records for eyed to James Westerly David Southwest in Doc. No.2000 tract. of the the most Westerly Southwest coiner. of this tract THENCE N 30° 00' 00" E (bearing basis for this survey) Boulevard, 658.28 foet to a :4" iron pin set at the Southwest with the East tract co v yed o David Lappin in Vol. 7489 Pg. 534 of the Travis County,�' of a 4.0 acre tract conveyed to David tract. Texas Official Records for the Northwest corner of this THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a''4" iron pin set at the Northwest coiner of a 2.040 acre tract conveyed to Michael Tract Partners in Vol 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a V,," iron pin set for the Southwest oorner of said 2.0 acre tract 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast corner of said 2.040 acre tract, also being on the West line of a 32337 acre tract conveyed to the City, of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a 4" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast comer of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest comer of this tract THENCE N 27°46' 58" E, 74.37 feet to a %" iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast coma of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a' 'A" iron pipe found at the Northeast corner of said 8.178 acre tract. 2) N 64° 06' 27" W, 171.56 feet to a 'h" iron pipe found. 3) N 73° 47' 08" W, 410.03 feet to the POINT 01? BEGINNING and containing 15.5449 acres more or less. s I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY IO2, ABSTRACT NO. 232 IN TRAVIS COUNTY, TES BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL.10393 PC. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Austin in EG. l0N 0 G at a ft be Tm nail fiamd on the West line of a 32.537 acre tract conveyed to the City of 15.255 acre tract conveyed to James. P. and Ms ala Michael i, Texas n olial .111287 Pg.cords .3 385 of the the �line of a vis County, Texas Official Recon1s for the Southeast comer of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest comer of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a W' iron pin set at the Southeast comer of a 4.0 acre tract conveyed to David W. Lappin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59°43' 27" W with the South line of said 4.0 acre tract,170.54 feet to a 14" iron pin set at the Northeast coiner of said 15.255 acre tract for the Northwest corner of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a'A" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 RECORDERS MEMORANDUM Ali or parts of the text on this page was not clearly legible for satisfactory recordation. Ordinance No. A -08-12-18-12B1 Annexing 17.583 acres of land east of and abutting Greenlawn Boulevard between State Highway 45 and IH -35 (also known as the Michael Tract). 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 2009003663 01/21/2009 03:35 PM CMCNEELY $80.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS