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A-09-05-14-8G1 - 5/14/2009ORDINANCE NO. �- Oct- 05 - 14**( AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 1.52 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE 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 of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 1.52 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a 0:\wdox\SCC1nte\0112\0905\MUNICIPAL\090514G1.000/rmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first required public hearings by causing notice of two statutorily - to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock 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. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. 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 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. 5 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 thereof 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 'v L , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT „A„ EXHIBIT "A" PARK VALLEY DRIVE RIGHT-OF-WAY TRACT DESCRIPTION BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING approximately a 1.52 -acre tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, and said tract being a portion of a 9.068 -acre tract of land dedicated to the public as Right -of -Way as recorded in Volume 1284 Page 900, Deed Records of Williamson County, said Deed being attached hereto as Exhibit B; Said tract being all that Park Valley Drive Right -of -Way extending from the Western Edge of Wyoming Springs Drive Right -of -Way and extending westward and northward along a curve for approximately 930 feet to the southern boundary of the Williams Dugan Survey, Abstract No. 190, same being the southern boundary of the Fern Bluff Municipal Utility District, and same being in line with northern boundary of the current city limits immediately adjacent to and abutting on both the west and east, of the herein described tract. SAID 1.52 acres, more or Tess, also being identified on the accompanying sketch, attached hereto and made a part hereof. voi 284 W 900 THE STATE OF TEXAS COINTY CF WILLIAMSCN RIGHT -CF -WAY DEDICATION § 47189 IGKM ALL MEN BY TI -EX FREW'S THAT, Austin White Lima Company, a Texas Corporation, acting herein by and Grantor, ts whether tal one or more, in and for thRobinson e considera tion ter of the referred to be derived by the Grantor from the right-of-way hereinafter described, has this day GRANTED, OCNvEYED, and DEDICATED, and by these presents does hereby GRANT, CONEY, and CEDICATE to the public use the right-of-way more particularly described as follows, to wit: All that certain tract, piece, or parcel of land lying and being situated in the County of Williamson, State of Texas, described in EXHIBIT *A* attached hereto and made a part hereof for all purposes, to which reference is here made for more particular description of the said property. TO HAVE AND TO HDLD the sane perpetually to the Public, together with the right privilege at any time to enter said premises, or any part thereof, he purpose of ingress to and egress from any lands adjacent to the said premises; all upon the condition that the County of Williamson, Texas, will vacate that portion of Sayers Lane as shown on Exhibit "8* attached hereto and made a part hereof for all purposes. / EXECUTED in Williamson county, Texas on this the 25 day of November, A.D., 1908. NiwNog gone Worn 1WTi:IE & MN.tItAti, ING 12212.H Tectawr Austin. Toga 7872;7 ATTU ,.ilLes J,c Austin white Lime Company By: Robinsop,Assaciates A. Robinspit, II General Partner . R 0. Rob General Partner Uri:cJAl arco/D1 wa.ruasom vial= ZOM • l'.-.:..-,....1%................ ,... • 4 TIE STATE CF TEXAS WIRY CF TRAVIS S vaL 1284P0:9O1 This Z trunant was actcnowrledped before me on this the day or Il?. ..Ver , 1983, by A. H. Robinson, 11I, General Partner, of Robinson Associates, a Texas General partnership, on behalf of said partnership. • . • '.,'.1v''',,, • :TfE STATE CF TEXAS S £ZXJNTY CF.TRAVIs S Notary Public, State of Texas %1 / er t DelA (Printed or-typedname) My commission expires; 3.-2 r- 248 This instrueent was acknowledged before mer on this the 1S day of A/ousi.18.40.- , 1985, by 3. 0. Robinson, General Partner, afinscn Associates, a Texas general partnership, on behalf of said Partnership. ,,AA,,., •• 44.4 L I,. -- i a�. • "i Notary Public, State o Texas :f 07480 tredere nted or typed name) My conmission expires: .2-.27- 8d • t • f • • J vOL 1284 Pr•f 902 FIELD NOTES POR 8.068 ACRES Field notes describing 8.068 acres of lend Abstract No. 284, in Williamson County. 131.71 acre tract of land, designated as A. H. Robinson et el by deed recorded in Deed Records of Williamson County. Texas described by aaees and bounds as follows; BEGINNING at an iron pin set on ehe Dugan Survey. Abstract No. 190. mentioned Merrell Survey. end t mentioned 131.71 acre tract for ehe which iron pin the Northwest corner S 68' 44' 48' N 187.74 feet and S THENCE N 68° 44' 48' 8 with the occ acre Bract 78.00 feet to an iron this tract. EXHIBIT A PA G8 1 OF 4 in the J.X. Harrell Survey. Texas and being a part of e the North Tract, conveyed to Volume 413, Page 626 of the and being more particularly occupied South line of the Wm. the occupied North line of the above he occupied North line of the above Northwest corner of this tract from of the said 131.71 acre tract bears 68' 47' 10' W 407.51 feet. upied North line of the said 131.71 pin set far a reentrant corner of T118NC8 S 21° 15' 12' 8 150.00 feet to an curve to the lett- said curve having central angle of 54° 45' 00'. THENCE with the arc of the said curve which bears S•48' 37' 42' 8 597.76 feet of the said curve. THENCE S 76. 00' 12' 8 130.00 feet to curve to the left.said curve having e central angle of 90° 00' 00'. Iron pin set in the PC of a a radius of 650.00 feet end a 621.12 feet the long chord of to an iron pin set for the PT an iron pin set in the PC of a radius of 15.00 feet and a T118NCE with the arc of the said curve 23.56 feet the long chord of which bears N 58'59' 48' 8 21.21 feet to an iron pin set•for the PT of the said curve. THENCE N 13. 59' 48' 8 355.57 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 865.41 feet and a central angle of 33''05' 24'. runs with the arc of the said curve 499.80 feet the long chord of which bears M 02° 32' 54' W 492.88 feet to on iron pin set on the occupied North line of the said 131.71 acre tract. THENCE N 67' 25' 44' E with the occupied North line of the said 131,71 acre tract 60.10 feet to en iron pin found in the occupied Southwest corner of the Wade Sauls Jr. tract. as recorded in Volume 380 Page 568 of the said Deed Records, for an angle point of this tract. THENCE N 66° 53' 19' 8 with the occupied North line of the said 131.71 acre tract and the occupied South.line of the said Souls tract 60.12 feet to an iron pin set for the Northeast corner of this tract and the PC of a curve to the right. THENCE with the arc of the said curve 576.96 feet said curve having e radius of 985.41 .feet. central S02'46'37'85f33yand 68.76.feettoenironpinset tor 8the oPT of tho said curve. 1 4 i• VOL• 1284 ft, E 903 EXHIBIT A PACE 2 OF 4 THBXCE 9 13•.39' 48' f 829.30 feet to an iron pin see in tho PC of a . curve to the hitt said• curve haribg a radius of 930.00 feet end a • central angle of 57. 31' 22'. , TH8NC8 with the arc of the said curve 953.76 feet the sub -chord of which boars S 14' 45' 51' 1 914.21 foot to an iron pin set on the ' North line of Sayers Lane, farsorly known as Farm Rood 1620, for the . Southeast corner of this tract. • THENCE 8 53' 35' 09' A with the North line of Sayers Lane 120.83 feet to an iron pin set for the Southwose corner of this tract and the PC of a terve to the right. THENCE with the arc of the said curve 1059.28 fent said curve having a radius of 1070.00 feet. a central angle of 56' 43' 18'. and a sub -chord which bears N 14' 21' 51' Y 1016.53 feet to en iron pin set for the PT of the said curve. THENCE H 13' 59' 48' 8 373.73 feat to -an iron pin set in the PC of a curve Co the loft mold curve having a radios of 15.00 feet and a central angle of 90' 00' 00'. THENCE with the arc of the said curve 23.56 feet the long chord of which bears N 31' 00' 12' N 21.21 feet to a iron pin set for the PT of the said curve. THENCE N 76' 00' 12' N 130.00 feet to an iron pin set In the PC of o Fury* to the right said curve having a radius of 720.00 feat end a central'angle of 54' 45' 00'. THENCE with the arc of the said curve 688.01 feet the long chord of . which bears N 48. 37' 42' V 662.13 feet to an iron pin set for the PT of the said curve. THENCE N 21' 15' 12' H 150.00 feet to the POINT OF BECINNINO containing 8.068 acres of land sore or less. I. Timothy E. Haynie. A REGISTERED PUBLIC SURVEYOR. do hereby certify tbet these field notes accurately -represent the results of on on -the -ground survey made under my direction and suporviaion on the 13th day of August. 1985. A11 corners located are as shown. There aro no encroachaents. conflicts or protrusions apparent on the ground except as shown. HAYNIE d RALLNAN. INC. Ilayn i b. Public Surveyor 1 Date tint 1284 ii[, 904 FIELD NOTES FOR 0.933 ACRES • EXHIBIT A PACE 3 OF 4 • Field notes describing a 0.933 acre tract of land in the J.X. Ilarrell '.* Survey. Abstract No. 284, in Williamson County, Texas and being a part . of a 470.31 acre tract of land. designated as she South Tract, conveyed to A. H. Robinson et al by deed recorded in Volume 413. Page 626 of the Deed Records of Williamson County. Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the South line of Sayers Lane. formerly known as Farm Road 1620, for the Northwest corner of this tract frog which iron pin the Southwest corner"of a 131.71 acre tract of land, designated as the North Tract in the above mentioned Volume 413, Page 626. bears S 53' 35' 09' W 264.94 feet. S 38' 54' 06' W 556.40 feet, and N 28' 36' 51' Y 122.61 feet. THENCE N 53' 35' 09' E with the South line of Sayers Lane 122.06 foot to an iron pin set for the Northeast corner of this erect. THENCE $ 46' 56' 35' E 328.01 feat to an iron pin set on the curving North line of Ranch Road /620 for the Southeast corner of this tract. THENCE with the arc of the said curve 120.01 said curve having a radius of 2352.00 feet. a central angle of 02' 55' 25', and a sub -chord which bears S 43. 03' 25' Y 120.00 feet to an iron pin set for the Southwest corner of this tract. THENCE N 46' 56' 35' W 350.31 feet to the POINT OF BEGINNING containing 0.933 acres of land more or less. I. Timothy E. Haynie. A REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 13th day of August. 1985. 411 corners located are es shown. There are no encroachments. conflicts or protrusions apparent on the ground . except as shorn. HAYNIE d EALLHAN, INC. ka . OFFICIAL IIECOIID6 Mnuta..aon sown,/ Tamm Timothy Haynie. Registered Public Surveyor No. 2380 Date 1 • 4 • • • E 0tXBIT "3" ;,x.1284i 905 rlr: SKETCH TO ACCOMPANY FIELD NOTES FOR AN 8.068 ACRE TRACT AND 'A • 0.933 ACRE TRACT IN THE J. M. HARRELL SURVEY, A-284, WILLIAMSON COUNTY, TEXAS RILL•HILBtx1N. IHC, .VOL. 1020, P0. 202 YRLIRM WWI then. a -1M. �. N. IWRI.L 6laNM/�yy7,1��ttta-LM` '« 11Rt1NN° r OAOE SAVIS, JIl. VOL. 300. P0. 050 elsou worn. NRWE1. 1-141 g • yYl LINE TABLE or. uIfwuw NIuA,RE fl 1411 114 1,11 tN.N 111.10g: 441 A. 11,..1160)113011. Jtl., ET. AL. • 1 131.71 AC. � yate, 413, P0. 826 fir.•\ , E . so.! IA 620 / 20 fib 1:1 *. .4a.• // QO I. t+ �w AdAO�`��. CURVE TABLE i! ., 11• MillMO mm TAM aqs°i5:� 11.11 LEBENU n CONCRETE HUTMENT FOUND 4 SAM PIPE FOUND • IRON o IRON PIN SETS OL BUILDING LINE sunvECOUNTY LIrNE PILE .PUBLIC UTILITY EASEMENT ''OE DRAINAGE EASEMENT autumn art PRAWN srt, Ra. attars _ at 1[1910311 HAYNIE & KALLMAN kg=mum Ettran EA! • vn 12$4 P17-1 906 IL ip FOR RECORD nit/W:5n, !.vm r Y.IX. • . 125 DEC 12 FM 2, 43 - COUNTY CIERI( STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this hist/woad was FILED on the date and at the time stamped heron by me; and was duty RECORDED, In the Volume and Page af the named RECORD al MR11011 County, Texas, as slammed beton by me, en DEC 13198S AZ/54=.• COUNTY CURS WILLIAIISON COUNTY, TOMS 1S'Zi 1 • Exhibit A Sketch EXHIBIT ,,B,. SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 2.00 ACRES, MORE OR LESS, OUT OF THE JACOB HARRELL SURVEY, ABSTRACT NUMBER 184, ALSO KNOWN AS THE PARK VALLEY DRIVE RIGHT-OF-WAY TRACT, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is entirely public right-of-way, and connects to public right of way to the north and south. The Property is surrounded by a recently constructed nursing home and medical offices to the north/northeast and a large undeveloped, unplatted tract to the south/southwest. The Fern Bluff MUD is immediately to the north of this Property. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily - mandated 2 1/2 year period The City's program is for provision of such services immediately upon annexation. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds,- and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. 1 The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Emergency Service District No. 9. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services — Currently provided by Emergency Service District No. 9; (4) Solid waste collection - As no residential properties or commercial ventures exist within the Property, service of same is not at issue; (5) Operation and maintenance of water and wastewater facilities - As no residential properties or commercial ventures exist within the Property, and no such properties or ventures will be established, operation and maintenance of same is not at issue;; (6) Operation and maintenance of public roads and streets, including road and street lighting — Immediately upon annexation, that portion of Park Valley Drive incorporated into the City will be maintained; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service - As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c) requires the City to define "full municipal services" as services provided by the City of Round Rock within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines `full municipal services " C. Section 43.056(d) does not apply to the City. D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. 2 The City has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. 3 G. Section 43.056(h) does not apply to the City. H. Section 43.056(i) does not apply to the City. Section 43.056(j) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on April 9, 2009 and April 23, 2009. At such public hearing, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City would not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of 4 topography, land use, and population density, provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 N W E S Subject Tract 1.52 ac. G�tiy a m Park Va11_, ° �O o oc�Pie IN rd� � fou o.► �R7 �y EXHIBIT "A" PARK VALLEY DRIVE RIGHT-OF-WAY TRACT DESCRIPTION BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING approximately a 2.00 -acre tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, and said tract being a portion of a 9.068 -acre tract of land dedicated to the public as Right -of -Way as recorded in Volume 1284 Page 900, Deed Records of Williamson County, said Deed being attached hereto as Exhibit B; Said 2.00 -acre tract being all that Park Valley Drive Right -of -Way extending from the Western Edge of Wyoming Springs Drive Right -of -Way and extending westward and northward along a curve for approximately 930 feet to the southern boundary of the Williams Dugan Survey, Abstract No. 190, same being the southern boundary of the Fern Bluff Municipal Utility District, and same being in line with northern boundary of the current city limits immediately adjacent to and abutting on both the west and east, of the herein described tract. SAID 2.00 acres, more or Tess, also being identified on the accompanying sketch, attached hereto and made a part hereof. voi.12MFAi 900 THE STATE OF TEXAS COINTY OP WILLIAM,' • RIGHT-OF-WAY DEDICATION § 47189 iKNOW ALL MEN BY THESE PRESENTS THAT, Austin White Lina? Company, a Texas Corporation, acting herein by and through its General Partner, Robinson Associates, hereinafter referred to as Grantor, whether one or more, in and for the consideration of the benefits to be derived _by the�Grantor from the right-of-way hereinafter described, has qday GRANTED, OONVEYED, and DEDICATED, and by these presents does hereby e CONVEY, and DEDICATE to the public use the right-of-way more particularly described as follows, to wit: All that certain tract, piece, attached hereto anWilliamson, a reference is here made for property. or parcel of land lying and being situated State of Texas, described in E» IBIT ."A" part hereof for all purposes, to which more particular description of the said • TO HAVE NiD TO HOLD the same perpetually to the Public, together with the right and privilege at any time to enter said premises, or any part thereof, for theof ingress to and egress from any lands adjacent to the said premises; all upon the condition that the County of Williamson, Texas, will vacate that portion of Sayers Lane as shown on Exhibit "B" attached hereto and cede a part hereof for all purposes. =WED In Williamson Canty, Texas on this the 2f day of November, A.D., 2985. • 07480 wmer Nag plum ream to IUNNIE & %ALCM N. INC. U21241 Tubmoir2d i SW. pie. ,.is T��..,,ss 7B'I ATTV _ Austin White time Company By: RobinscpAssociates Robinson, I1� General Partner .0. General Partner c,i :CIAL =OM wA.m.Ymt1a01i SC'MCC IMMO 1 • • i • TIE STATE OF TEXAS COUNTY CF TRAVIS YR 1284 Pia 901 :This iftetrulant was acknowledged before me on this the oto day of Pi 1983, by A. H. Robinson, XXX, General Partner, Orairenxi AssocLates, a Texas general partnership, on behalf of said partnerstdp. 1:11Y. •*•****** c •• • ihf• • "E! • V t • • ' 7.•••• • 0; 4.V.‘ .41 ; • ,;.:1"--• • f • eS. • T., • • • • O./ • .0.,••• •• STATE CF Urn ictwry EF.TFIAVLS . . This instniient was of. Aleve4114"., p 1965, Associates, a,Texas general fi ;1 07460 Notary Public, State of Texas • hAeri• Was*. (Printed or typed name) My emission expires: -27- /0 • 444. adanwledged before ma on this the .2a day by 3. 0. Rthinson, General Partner, oriZinson partnership, on behalf of said Partnership. No y Raiz, State of Texas j4drei AM (Printed or typed name) My commission expires: .2-27- efier . • • ' r • T. vot1284Pt.r90 2 FIELD NOTES FOR 8.068 ACRES Field notes describing 8.068 acres of lend Abstract No. 284. in WiIlieeson County. 131.71 acre tract of land, designated as A. H. Robinson et el by deed recorded in Deed Records of Williamson County, Texas described by mates and bounds as follows; 8xNr8rr A PACE 1 OF 4 in the J.N. Harrell Survey. Texas and being a part of a the North Tract, conveyed to Velma 413. Page 626 of the and being more particularly BEGINNING Surveyinset on he . AbstractMo. 190, the occupied ol cupiedNorthline of tbea Dugand ebove mentioned Harrell Survey, end the occupied North line of the above mentioned 131,71 acre tract for the Northwest corner of this tract from which iron pin the Northwest Corner of the said 131.71 acre tract bears S 68. 44' 48' W 187,74 fent and S 68. 47' 10' W 407.51 feet. THENCE N 68. 44' 48' 8 with the occupied North line of the said 131.71 acre tract 70.00 feat to an iron pin set for a reentrant corner of this tract. THENCE S 21° 15' I2' 8 150.00 feet to an iron pin set in the PC of a curve to the left. said curve having a radius of 650.00 feet and a central ang!e of 54° 45' 00'. rams with the arc of the said curve which bears S•48' 37' 42' 8 597.76 feet of the said curve. THENCE S 76. 00' 12' 8 130.00 feet to curve to the 1eft.said curve having a central angle of •90' 00' 00'. 621.12 feet the long chord of to an iron pin set for the PT an iron pin sot in the PC of a radius of 15.00 feet and a THENCE with the arc of the said curve 23.56 feet the long chord of which bears N 58' 59' 48' 8 22.21 feet to en iron pin set'for the PT of the said curve. THENCE N 13' 59' 48' 8 355.57 feet to an iron pin set in the PC of e .,curve to the left said curve having a radius of 865.41 feet and a central angle of 33°.05' 24'. THENCE with the arc of the said curve 499.80 foot the long chord of which bears N 02' 32' 54' W 492.88 feet to on iron pin set on the occupied North line of the said 131.71 acre tract. THENCE N 67' 25' 44' 8 with the occupied North line of the said 131.71 acre tract 60.10 feet to en iron pin found in the occupied Southwest corner of the Wade Bawls Jr. tract. as recorded in Volume 380 Page 568 of the said Deed Records, for en angle point of this tract. THENCE N 66° 53' 19• B with the occupied North line of the said 131.71 acre tract and the occupied South.line of the said Saul* tract 60.12 feet to an iron pin set for the Northeast corner of this tract and the PC of a curve to the right. THENCE with the arc of the said curve ing a radius of 985.41 feet. a central angle of'33* 33'32' 49", end feet said uavlong e rchord which bears S 02' 46' 37'•8 568.76 feet to an iron pin set for the PT of tho said curve. ;. 'i• . 1: • • a, va1284 Pa,=903- SXHIBIT A PACE 2 OF 4 • runs 5 13'.59' 48' Y 829.30 feet to an iron pin set in tho PC of a . • curve to the Taft said. curve baviag a radius of 950.00 feet and a • • central angle of 57' 31' 22'. ;. THUNC8 with the arc of the said curve 953.76 foot the sub -chord of which bears S 14' 45' 531 8 914.21 feet to an iron pin set on tbo • North line of Sayers Lane, formerly known as Fara Rood 1620. for the . Southeast corner of this tract. • THENCE S 53' 35' 09* V with the North line of Sayers Lane 120.83 feet • to an iron pin set for the Southwest corner of this tract and tho PC of a curve to the right. • THENCE with the arc of the said curya 1059.28 foot said curve having a radius of 1070.00 feet. a central angle of 56' 43' 18'. and a sub -chord- which bears M 14° 21' 51' V 1016.55 feet to on iron pin set • ' for the P? df the said curve. • 'THENCE R 13' 59' 48. 8 373.73 feet to -an iron pin set in the PC of a i curve to the Ieft said curve having a radius of 15.00 feet and a ' central awe of 90' 00' 00'. ; { rum with the arc of the said curve 23.56 feet the long chord of • which boars N 31' 00' 121 W 21.21 feet to a iron pin sot for the P7' . of the said curve. THENCE N 76' 00' 12' N 130.00 feet to an iron pin sat in the PC of a • curve to the right said curve having a radius of 720.00 feet and a central'angle of 54' 45' 00'. THENCE with the arc of the said curve 688.01 feet the long chord of . which bears M 48. 37' 42• b' 662.13 feet to an iron pin set for the P7' of the said curve. THENCE N 21' 15' 12' Y 150.00 feet to the POINT OF BEGINNING containing 8.068 acres of land sore or less. I. Timothy E. Haynie. A REGISTERED PUBLIC SURVEYOR. do hereby certify that these f4e1d notes accurately .represent the results of an on -the -ground survey nada ander my direction and supervision on the 13th day of August. 1985. All corners located are as shown. There aro no ancroachaeots, conflicts or protrusions apparent on the ground except as shown. `•• HAYNIE a KALLNAN, INC. .411 Timothy E. favo Registered Public Surveyor Me. 2380'; - Date .14 I 5 Y 1 •4 ik I U FIELD NOTES POR 0.933 ACRES EXHIBIT 4 PAGE 3 OP 4 .Field notes describing a 0.933 acre tract of land in the J.X. Merrell Survey. Abstract No. 284, in Williamson County. Texas and being a pert of a 470.3I acre tract of Iand. designated as the South Tract. conveyed to A. M. Robinson et al by deed recorded in Volume 413. Page 626 of the Deed Records of Williamson County. Texas sod being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the South Iine of Sayers Lane. fornorly known as Para Road /620. for the Northwest corner of this tract from which iron pin the Southwest corner'of a 131.71 acre tract of land, designated as the North Tract in the above mentioned Voluae 413. Page 626. bears S 53' 35' 09' W 264.94 feet. S 38' 54' 06' W 556.40 feet, and N 28' 36' 51' W 122.61 feet. THENCE N 53' 35' 09' 8 with the South line of Sayers Lana 122.06 foot to an iron pin set for the Northeast corner of this tract. THENCE S 46' 56' 35' E 328.01 feet to an iron pin see on the curving North lino of Ranch Road 1620 for the Southeast corner of this tract. THENCE with the arc of the said curve 120.01 said curve having a radius of 2352.00 feet. a central angle of 02' 55' 251, and a sub -chord which bears'S 43' 03' 25' W 120.00 feet to an iron pin set for the Southwest corner of this tract. THENCE N 46' 56' 35' W 350.31 feat to the POINT OP BEGINNING containing 0.933 acres of land more or less. I. Timothy E. Mayflies A REGISTERED PUBLIC SURVEYOR. do hereby certify that these -field notes accurately represent the results of an on -the -ground survey made under ay direction and supervision on the 13th day of Augusto 1985. All corners located are as shown. There are no encroachments. conflicts or protrusions apparent on the ground . except as shown. HAYNIE 8 KALLHAN, INC. x. y_ _ OFFICIAL couhrtr qua Timothy Haynie. Registered Public Surveyor No. 2380 Date ce-/5-d5 •.• t • MUM "A" VOL 124 er 905 SKETCH TO ACCOMPANY FIELD NOTES FOR AN 8.068 ACRE TRACT AND A•0 . 933 ACRE TRACT IN THE J. M HARRELL SURVEY, A-284, WILLIAMSON COUNTY, TEXAS • DILL 41.1101121. INC. -VOL:. 3020. P0. 202 mum mum that *-12... L. 1 rwiu --- .1,1400.01.•,..• . • "111716141115ng ER. MADE SAUL% VOL. 300. P0. 060 u.sou Acvau_S, Pont, A••• A. t,,,, ET. AL.. ' VOle. 413, P0. 020 • • CURVE TABLE ..042 0...0.7.... 0 :10 "OW • LEG F.NU 11 CONCTIETE MOMENT FOUND O CUNCRETE HONWW-NT SET •SAW. PIPE FOUND • InoN PIN FOUNI3 o mon PIN SET BL . BUILDING LINE SURVEY LINE COUNTY LINE PUE •PUBLIC UTILITY EASEMENT • ADE DRAINAGE EASEMENT 4 !!91E0 1!! name eh HAYNIE & KALLMAN consuLTIte E21nnEur3 NAM IQ M WM. ICUS t - • I i • • 1 • 1 • • . • • • r. ;. vat 1.284Pc= 906 FILED FOR RECORD. Wtt.LlAt'a^ Cr..:l.Y.TX. . .ISS DEC 12 PH 243 (( Ancw • COUNTY CLERIC STATE OF TAWS COUNTY Of WftUAMSON hereby certify that this Insbmaat was HIED on the date aid at the tib stamped herein by are; and arae duty RECORDED li the Volume led ety. Tage u, u de ead bum s by m . oe le DEC 131985 Cirtirf 0.011 WILLiAMSON COMM TEM • JSri • ilii N W E S Subject Tract 1.52 ac. G m a P,rk Val1e o 0 Y Dr �. 1� O 10 �3 e r � �io �y DATE: May 7, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: 8G1. Consider an ordinance authorizing unilateral annexation of 1.52 acres of Park Valley Drive right-of-way located west of Wyoming Springs Drive and extending to the boundary of Fern Bluff Municipal Utility District. (First Reading) Department: Staff Person: Planning and Community Development Jim Stendebach, Planning and Community Development Director Justification: This Tract is entirely public right-of-way, extending approximately 3,505 feet east -to -west near the intersection of Wyoming Springs Drive. More specifically, the Tract stretches from the far west end of the St. David's Hospital, through the Wyoming Springs intersection, and to the eastern edge of the Smyers Lane and RM620 intersection. The Tract was conveyed to the State Highway Department in the late 1970s as right-of-way when RM620 was realigned (from the current Smyers Lane), but has not been annexed into the City limits. Annexing the Tract ensures consistent police and fire protection. The State will continue to maintain this portion of the roadway; however, the City will be responsible for maintaining the traffic signal at the intersection of Wyoming Springs Drive and RM620 after annexation. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: As the Tract is entirely public right-of-way, consideration of the availability of municipal utility service is not necessary. All services required by the Texas Local Government Code will be provided upon annexation. Public Comment: Per the statutory requirements of the Texas Local Government Code, the following has been completed: On February 11, 2009, written notices were sent by certified mail to the property owners of the proposed annexed lands and to all public and private utility providers that could be affected. Written notices were also sent by certified mail to area public school districts that could be affected by the annexation on March 25, 2009. Published notice of the April 9, 2009, public hearing was posted on the City's Website on Wednesday, March 25, 2009 and was published in the Round Rock Leader on Saturday, March 28, 2009. Published notice of the April 23, 2009, public hearing was posted on the City's Website on Wednesday, April 8, 2009 and was published in the Round Rock Leader on Saturday, April 11, 2009. The two public hearings were conducted by the Council as posted. RECORDED DOCUMENT FOLLOWS II IIIIII II THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 11 1111 1111111111111111111 ORD 32 PGS 2009035276 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 -09-05-14-8G1 which annexes 1.52 acres of Park Valley Drive right-of- way located west of Wyoming Springs Drive and extending to the boundary of Fern Bluff Municipal Utility District. This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the 14th day of May 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 May 2009. SARA L. WHITE, City Secretary ORDINANCE NO. �- 01'05 - 14-42111 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 1.52 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE 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 of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 1.52 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a O:\wdox\SCC1nts\0112\0909\MUNICIPAL \090919G1.DOC/rmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public published in the Round Rock and hearings by Leader causing notice to be newspaper on April 11, 2009; WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS,after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. H. That the property described in the attached Exhibit together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock 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. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. 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 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. 5 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 thereof 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 , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. 9 LL. ec SARA L. WHITE, City retary 111 ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT „A„ EXHIBIT "A" PARK VALLEY DRIVE RIGHT-OF-WAY TRACT DESCRIPTION BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING approximately a 1.52 -acre tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, and said tract being a portion of a 9.068 -acre tract of land dedicated to the public as Right -of -Way as recorded in Volume 1284 Page 900, Deed Records of Williamson County, said Deed being attached hereto as Exhibit B; Said tract being all that Park Valley Drive Right -of -Way extending from the Western Edge of Wyoming Springs Drive Right -of -Way and extending westward and northward along a curve for approximately 930 feet to the southern boundary of the Williams Dugan Survey, Abstract No. 190, same being the southern boundary of the Fern Bluff Municipal Utility District, and same being in line with northern boundary of the current city limits immediately adjacent to and abutting on both the west and east, of the herein described tract. SAID 1.52 acres, more or less, also being identified on the accompanying - sketch, attached hereto and made a part hereof. • it .1 vol 1284 F.; 900 T}E STATE CF TEXAS COL NTY OF W1LLIANISON RIGHT -CF-WAY DEDICATION § 4'7189 KNOW ALL MEN BY THESE PRESENTS THAT, Austin white Lime Company, a Texas Corporation, acting herein by and to as Grantor, its , whether tal one orrtmore, in and for Robinson s the ac considerationter of the bent tits to tbhi �v by Grantor from the right-of-way hereinafter described, has GRANT, day , CONVEYED, and DEDICATED, and by these presents does hereby CONVEY, and DEDICATE to the public use the right-of-way more particularly described as follows, to wit: All that certain tract, piece, or parcel of land lying and being situated in the County of Williamson, State of Texas, described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is here made for more particular description of the said property. 70 HAVE AND TO HOLD the same perpetually to the Public, together with the right and privilege at any time to enter said premises, or any part thereof, for the purpose of ingress to and egress from any lands adjacent to the said premises; all upon the condition that the Canty of Williamson, Texas, will vacate that portion of Smyers Lane as shown on Exhibit "8" attached hereto and made a part hereof for all purposes. / EXECUTED in Williamson Canty, Texas on this the 23 day of November, A.D., 1983. 0748D Alter Nog Muse rem to HAYNIE & MLthm. INC. 12232-HTects.wr ,Blvd. Aus11n• T2141 ?8. c7 Anti ..s_ter.�.c. • Austin White Lime Company By: Robins Associates A. H. Robinson, II General Partner . 0. Rob General Partner Ori:CIAL AEC01.D2 wLMAxsoet fCurmc %am e tnx 17. t t • t • 4 • EXHIBIT • • • vot 1284 PvE 901 TIE STATE OF 11EXAS COUNTY oF TRAVIS •This ihttrusent was acknowledged before me on this the 010 day at , 1983, by A. H. Robinson, II/, General Partner, inalinun Associates, a Texas general partnership, on behalf of said partnership. Notary Public, State of Texas (Printed or typed name) My commission expires; 2?-flA- .T)ESTATE OF TEXAS COLWTY CP:TRAVIS 1. This instrument was acknowledgrd before me on this the ..24 day of Aiove.41 1985, by J. O. Robinson General. Partner, orinson Asscclites, a•Texas general partnership, on behalf of said Partnership. ,,,, • - , , t • • • -• ,2..r'.1‘.• 4 • .•• -• - • 07480 44.,#L 14 Notary Public, State of Texas Fgre ( rifinted or typed name) My carmissicn expires: .2-211-1.6 0 • - !it N • ; • vot 1284PE•':902 FIELD NOTES FOR 8.068 ACRES Field notes describing 8.068 acres of lend Abstract No. 284. in Williamson County. 131.71 acre tract of land, designated as A. H. Robinson et al by deed recorded in Deed Records of Williamson County. Texas described by metes and bounds as follows: BEGINNING at an iron pin set on the Dugan Survey. Abstract No. 190, mentioned Harrell Survey, and t mentioned 131.71 acre tract for the which iron pin the Northwest corner S 68. 44' 48' N 187.74 feet and S THENCE N 68. 44' 48' E with the occ acre tract 70.00 feet to an iron this tract. EXHIBIT A PACE 1 OF 4 in the J.H. Harrell Survey. Texas and being a part of a the North Tract, conveyed to Volume 413, Page 626 of the and being more particularly occupied South line of the Wm. the occupied North line of the above he occupied North line of the above Northwest corner of this tract from of the said 131.71 acre tract bears 68. 47' 10' W 407.51 feet. upiad North line of the said 131.71 pin set for a reentrant corner of THENCE S 21. 25' I2' E 150.00 feet to an iron pin set in the PC of a curve to the left- said curve having a radius of 650.00 feet and a central angle of 54' 45' 00'. THENCE with the arc of rhe said curve 621.12 feet the long chord of which bears S.48' 37' 42' E 597.76 feet to an iron pin set for the PT of the said curve. THENCE S 76. 00' 12' 8 130.00 feet to an iron pin sot in the PC of a curve to the Ieft.said curve having a radius of 15.00 feet and a central angle of -90' 00' 00'. THENCE with the arc of the said curve 23.56 fent the long chord of which bears N 58' 59' 48' 8 21.21 feet to en iron pin set'for the PT of the said curve. THENCE N 13' 59' 48' E 355.57 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 865.41 feet and a central angle of 33' 05' 24'. THENCE with the arc of the said curve 499.80 feet the long chord of which bears M 02' 32' 54' W 492.88 feet to on iron pin set on the occupied North line of the said 131.71 acre tract. THENCE N 67' 25' 44' 8 with the occupied North line of the said 131.71 acre tract 60.10 feat to en iron pin found in the occupied Southwest corner of the Wade Sauls Jr. tract, as recorded in Volume 380 Page 568 of the said Deed Records, for an angle point of this tract. THENCE N 66• 53' 19' 8 with the occupied North line of the said 131.71 acre tract and the occupied South.line of the said Settle tract 60.12 feet to en iron pin set for the Northeast corner of this tract and the PC of a curve to the right. THENCE with the arc of the said curve 576.96 feet said curve having a radius of 985.41 feet. a central angle of 33' 32' 49', and a longchord which bears S 02. 46' 37'•3 568.76 feet to an iron pin set for the PT of tho said curve. .4 • „fix 1284 F1' r 903 EXHIBIT A PACE 2 OF 4 THENCE S 13'59' 48' Y 829.90 feet to en iron pin set in tha PC of a curve to the loft said, curve having a radius of 950.00 feet and a central angle of 37. 31' 22'. THENCE with the arc of the said curve 953.76 feet the sub -chord of which bears S 14' 45' 53' B 924.21 feet to an iron pin set on the North line of Sayers Lane, formerly known as Pars Road 1620, for the . Southeast corner of this tract. THENCE S 53' 95' 09' Y with the North line of Sayers Lane 120.83 feet to en iron pin set for the Southwest corner of thia tract and the PC of e curve to the right. THENCE with the arc of the said curve 1059.28 feet said curve having a radius of 1070.00 feet. a central angle of 56' 43' 18'. and e sub -chord which bears N J4' 21' 51' W 1016.55 feet to en iron pin set for the PT of the said curve. 11 THENCE' N 19' 59' 48' 8 373.73 feet to an iron pin set in the PC of o curve to the left said curve having a radius of 15.00 feet and a central angle of 90' 00' 00'. THENCE with the arc of the said curve 23.56 feet the long chord of which bears N 31' 00' 12' N 21.21 feet to a iron pin set for the PT of the said curve. THENCE N 76' 00' 12' W 190.00 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 720.00 feet end a centrel'angle of 54' 45' 00'. THENCE with the arc of the said curve 688.01 feet the long chord of which bears N 48' 37' 42' N 662.13 feet to an iron pin sat for the PT of the said curve. THENCE N 21' 15' 12' Y 150.00 feet to the P0187 OP BBCINNINO containing 8.068 acres of Iand more or less. 1. Tiaothy E. Haynie, A REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes accurately .represent the results of an on -the -ground survey wade under my direction and supervision on the 13th day of August, 1985. All corners located are as shown. There aro no encroacheents, conflicts or protrusions apparent on the ground except as shown. HAYNIE d KALLNAN. INC. TIMOTHY E. HAYNIE Timothy E. Bayni6, Registered Public Surveyor No. 2380 c —/5— c Date • • VOL 1284 Phi 904 FIELD NOTES FOR 0.933 ACRES EXHIBIT A PAGE 3 OF 4 Field notes describing a 0.933 acre tract of land in the J.X. Harrell Survey. Abstract No. 284, in Williamson County, Texas and being a part of a 470.31 acre tract of land, designated as the South Tract, conveyed to A. H. Robinson et al by deed recorded in Volume 413. Page 626 of tho Deed Records of Williamson County. Texas and being sore particularly described by metes and bounds as followst BEGINNING at an Iron pin set on the South line of Smyers Lane, formerly known as Farm Road /620. for the Northwest corner of this tract from which iron pin the Southwest corner -of a 131.71 acre tract of Iend, designated as the North Trace in the above mentioned Volume 413, Page 626." bears S 53. 35' 09' W 264.94 feet, S 38' 54' 06' W 556.40 feet, and N 28' 36' 51' W 122.61 feet. THENCE N 53. 35' 09' E with the South line of Sayers Lane 122.06 fcot to an iron pin set for the Northeast corner of this tract. THENCE S 46' 56' 35' 8 328.01 feet to en iron pin set on the curving North lino of Ranch Road /620 for the Southeast corner of this tract. THENCE with the arc of the said curve 120.01 said curve having a radius of 2352.00 feet. a central angle of 02' 55' 25', end a sub -chord which bears S 43. 03' 25' W 120.00 feet to an iron pin set for the Southwest corner of this tract. THENCE N 46' 56' 35' W 350.31 feet to the POINT OF BEGINNING containing 0.933 acres of land moro or less. I. Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes accurately represent the results of nn on -the -ground survey made under my direction and supervision on the 13th day of August, 1985. All corners Iocated ore es shown. There are no encroachments. conflicts or protrusions apparent on the ground . except as shown. 11AYNIE 8 KALLNAN, INC. Timothy . Haynie, Registered Public Surveyor No. 2380 1 8-/5.65 ,- OFFICIAL IFCO1Ds wLLtAmsoK couurvT .AI Date • • EXHIBIT "8" inn 12$411 (gO5 SKETCH TO ACCOMPANY FIELD NOTES FOR AN 8.068 ACRE TRACT AND 0.933 ACRE TRACT IN THE J. M. HARRELL SURVEY, A-284. WILLIAMSON COUNTY, TEXAS [►ILL MILSUnN. INC, VUL . 1020, P0. 202 115.1.1611 T0MI11 nRWl1. J. 11, Nw51P.L mom 0-5.04 p11lmM14%�~ (Pf DP0SEU1 0AKCTIEEK 0E*.1 ION 1NU WADE SAULE, 111, VOL. 300. r0. 0511 013614 11116111!1 *5105.1. "41 A. 11 f11JDJNSUN. Jfi., ET. AL. • 431.71 AC. /VUIr. 413, P0. 026 LIE TABLE rr.'1gm111. SWUM + .Iili pt,N; } i Yat 12$4 P4 906 FILED FOR RECORD � WILLIAi ^` .t. _?I. Y.SX. 1 505 DEC (t 2 PH 2 43 (((/// COUNTY CLERIC STATE OF TEXAS COUNTY OF WIIW MSON hereby certify that this Instrument vas FILED on the date and at the time stamped hereon by me; Ind ens duh RECORDED, in the Ydume and Page of the named RECORDS d Williamson County, Tens, as stamped betenn by rt*. on DEC 13 ?985 COUNTY CLERK WILLIAMSON COUNTY, TEM 1 Exhibit A Sketch EXHIBIT "B" SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 2.00 ACRES, MORE OR LESS, OUT OF THE JACOB HARRELL SURVEY, ABSTRACT NUMBER 184, ALSO KNOWN AS THE PARK VALLEY DRIVE RIGHT-OF-WAY TRACT, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is entirely public right-of-way, and connects to public right of way to the north and south. The Property is surrounded by a recently constructed nursing home and medical offices to the north/northeast and a large undeveloped, unplatted tract to the south/southwest. The Fern Bluff MUD is immediately to the north of this Property. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily - mandated 2 1/2 year period. The City's program is for provision of such services immediately upon annexation. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds,- and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. 1 The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Emergency Service District No. 9. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services — Currently provided by Emergency Service District No. 9; (4) Solid waste collection - As no residential properties or commercial ventures exist within the Property, service of same is not at issue; (5) Operation and maintenance of water and wastewater facilities - As no residential properties or commercial ventures exist within the Property, and no such properties or ventures will be established, operation and maintenance of same is not at issue;; (6) Operation and maintenance of public roads and streets, including road and street lighting — Immediately upon annexation, that portion of Park Valley Drive incorporated into the City will be maintained; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service - As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c) requires the City to define "full municipal services" as services provided by the City of Round Rock within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines 'full municipal services." C. Section 43.056(d) does not apply to the City. D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. 2 The City has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available'in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. 3 G. Section 43.056(h) does not apply to the City. H. Section 43.056(i) does not apply to the City. I. Section 43.056(j) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on April 9, 2009 and April 23, 2009. At such public hearing, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City would not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of 4 topography, land use, and population density, provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 Eicir\--bt )01- EXHIBIT "A" PARK VALLEY DRIVE RIGHT-OF-WAY TRACT DESCRIPTION BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING approximately a 1.52 -acre tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, and said tract being a portion of a 9.068 -acre tract of land dedicated to the public as Right -of -Way as recorded in Volume 1284 Page 900, Deed Records of Williamson County, said Deed being attached hereto as Exhibit B; Said tract being all that Park Valley Drive Right -of -Way extending from the Western Edge of Wyoming Springs Drive Right -of -Way and extending westward and northward along a curve for approximately 930 feet to the southern boundary of the Williams Dugan Survey, Abstract No. 190, same being the southern boundary of the Fern Bluff Municipal Utility District, and same being in line with northern boundary of the current city limits immediately adjacent to and abutting on both the west and east, of the herein described tract. SAID 1.52 acres, more or less, also being identified on the accompanying sketch, attached hereto and made a part hereof. J •1• VOL i.2$4» THE STATE CF TEXAS COINTY BF WILLIAMSON RIGHT -D= -WAY DEDICATION -47189 § KNOW ALL MEN BY THESE PRESENTS THAT, Austin White Lime Company, a Texas Corporation, acting herein by and througl its General Partner, Robinson Associates, hereinafter referred to as Grantor, whether one or more, in and for the consideration of the benefits to be derived by the Grantor from the right-of-way hereinafter described, has this day GRANTED, CONVEYED, and DEDICATED, and by these presents does hereby GRANT, CKNYEY, and DEDICATE to the public use the right -of --way more particularly described as follows, to wit: All that certain tract, piece, or parcel of land lying and being situated in the County of Williamson, State of Texas, described in EXHIBIT .wAw attached hereto and made a part hereof for all purposes, to which reference is here made for more particular description of the said property. - TO HAVE AND TO HOLD the same perpetually to the Public, together with the right and privilege at any time to enter said premises, cr any part thereof, far the purpose of ingress to and egress frac any lands adjacent to the said premises; all upon the condition that the County of Williamson, Texas, will vacate that portion of Smyers Lane as shown on Exhibit 08" attached hereto and made a part hereof for all purposes. EXECUTED in Williamson County, Texas on this the 2.r day of November, A.D., 1987. . 07480 &nu Ming $.{cru ream to HAYNIE & ltAPJA f. WC. 12212-11 Fecbw i 8IVd. ATn i Titiaa:i. t Austin White Lime Company By: Robin Associates A. , II General Partner • • General Partner Qri :CAL ILECOM saLUANIet& scumrazaml e 4. 1- 1 • • T. . . . Z. - • • . a-:.:' ........le.........-..... I....... • ..4 . ........,...1 . .... . .. • ....it I,: .. ......-...., .• -.1.4.,.. 464 444.4....Z.,eo:waS•AeLi....4.4-a.a.40..pullawinkii..a.-t..,. • .:••• - . 6 . ..• P. • . i • '! vOL 1284DOI • f . ' ' ..... i 4 •• •• i .• , T1€ STATE D TEXAS COUNTY CF MAVIS This filament was acknowledged before me on this the 01.) day of , 1985, by A. H. Robinson, III, General Partner, iniMinscn Associates, a Texas general partnership, on behalf of said partnership. • 6 ,,,,,,,, 1): :,, s, ...... * , • .• • t // • '.i.;:-"•; •• . • 1.';;‘;. oV: ••1•••-• -1`• .41 ••• ; • 4.;•1/4 • *;;TIE STATE CF TEXAS COMM F.TRAVIS Notary Public, State of Texas • hAerf ALARcio.. (Printed or typed name) My commission expires: a. -2 I- PR This instruietA was acknowledged before me' on this the .2S day of Aleve4114..., 1985, by 3. D. Robinson, General Partner, of Robinson Associates, a.Texas general partnership, on behalf of said Partnership. . . • 666 ;,,,;„4„. • " • to"' •jv °,0„ • • •••! 0.3% ••:' • . • • . . Notary Kale, State of Texas j4ilivt Az, ,e2sA (Printed or typed name) My ccemission expires: .2-27-tfer • vM.1284PA,E902 FIELD NOTES FOR 8.068 ACRES EXHIBIT A PACE 1 OF 4 Field notes describing 8.068 acres of lend in the J.N. Harrell Survey. Abstract No. 284. in Williamson County. Texas end being a part of a 131.71 acre tract of land, designated as the North Tract. conveyed to A. H. Robinson et al by deed recorded in Volume 413. Page 626 of the Deed Records of Williamson County. Texas and being more particularly described by metes and bounds as follows. BEGINNING at an iron pin set on the occupied South line of ehe Wm. Dugan Survey. Abstract No. 190. the occupied North line of the above mentioned Harrell Survey. and the occupied North line of the above mentioned 131.71 acre tract for the Northwest corner of this tract from whicji iron pin the Northwest corner of the said 131.71 acre tract bears S 68' 44' 48' W 187.74 feet and S 68' 47' 10' W 407.51 feet. THENCE N 68' 44' 48' 8 with the occupied North line of the said 131.71 acre tract 70.00 feet to an iron pin sat for a reentrant corner of this tract. THENCE S 21' 15' 12' E 150.00 feet to an iron pin set in the PC of a curve to the left. said curve having a radius of 650.00 feet and a central angle of 54° 45' 00'. THENCE with the arc of rhe said curve which bears S' 48' 37' 42' 8 597.76 feet of the said curve. THENCE S 76. 00' 12' E 130.00 fent to curve to the left.said curve having a central angle of'90' 00' 00'. 621.12 feet the Ione chord of to en iron pin set for the PT an iron pin sot in the PC of a radius of 15.00 feet and a THENCE with the arc of the said curve 23.56 feet the long chord of which bears 11 58' 59' 48' 8 21.21 feet to an iron pin set'for the PT of the said curve. THENCE H 13. 59' 48" E 355.57 feet to an iron pin set in the PC of a .,curve to the left said curve having a radius of 865.41 feet and a central angle of 33' 05' 24'. THENCE with the arc of the said curve 499.80 foot the long chord of which bears N 02' 32' 54' W 492.88 feet to on iron pin set on the occupied North line of the said 131.71 acre tract. THENCE N 67' 25' 44' E with the occupied North line of the said 131.71 acre tract 60.10 feet to en iron pin found in the occupied Southwest corner of the Made Sauls Jr. tract. as recorded in Volume 380 Page 568 of the said Deed Records. for an angle point of this tract. . THENCE N 66° 53' I9' 8 with the occupied North line of the said 131.71 acre tract and the occupied South.line of the said Souls tract 60.12 feet to an iron pin set for the Northeast corner of this tract and the PC of a curve to the right. THENCE with the arc of the said curve 576.96 feet said curve having a radius of 985.41 feet. a central angle of'33° 32' 49'. and a longchord which bears S 02' 46' 37'•E 568.76 feet to an iron pin set for the PT of tho said curve. • i. • • 1.2MPp9Q3 EXHIBIT A PACE 2 OF 4 .l . - runs S 13••59' 48' Y 829.30 feet to an iron pin set in tho PC of a . curve to she Ieft said• curve having a radius of 950.00 feet and a • • central angle of 57' 31' 22'. TNENCB with the arc of the said curve 953.76 feet the sub -chord of which bears S 14' 45' 53' 8 914.21 feet to en iron pin set on the North line of Sayers Lane. formerly known as Fars Road /620. for the • . Southeast corner of this tract. - THENCE S 53' 35' 09' A with the North line of Sayers Lane 120.83 feet to an iron pin sat for the Southwest corner of this tract and the PC of a curve to the right. THENCE with the arc of the said curve 1059.28 feet said curve having a radius of 1070.00 feet. a central angle of 56' 43' 18'. and a sub -chord- which bears N 14' 21' 51' Y 1016.55 feet to an iron pin set for the PT of the said curve. • 'TRENCH N 13' 59' 48' 8 373.73 feet to -an iron pin set in the PC of a curve to the left said curve having a radius of 15.00 feet and a 1• central angle of 90' 00' 00'. 3 1 THENCE with the arc of the said curve 23.56 feet the long chord of • which bears N 31' 00' 12' N 21.21 feet to a iron pin set for the PT of the said curve. THENCE N 76. 00' 12' V 130.00 feet to an iron pin set in the PC of o terve to the right said curve having a radius of 720.00 feet end a central'angle of 54. 45' 00'. THENCE with the -arc of the said curve 688.01 feet the long chord of . which bears N 48. 37' 42' W 662.13 feet to an iron pin set for the PT of the said curve. DUNCE N 21' 15' 12' 1r 150.00 feet to the POINT OF 88C1NMIH0 containing 8.068 acres of land more or less. I. Timothy 8. Haynie. A REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes accurately -represent the results of an on -the -ground survey made ander my direction and supervision on the 13th day of August. 1985. A11 corners located ars as shown. There arm no encroachments. conflicts or protrusions apparent on the ground except as shown. NAYNIL. d KALLNAN. INC. IUIOTHY E HAYtiIE op.;Z380 . ewe iiaynib. Public Surveyor Date 5 • IP" VOL 12$4itm( 904 FIELD NOTES FOR 0.933 ACRES EXHIBIT A PACE 3 OF 4 Field notes describing a 0.933 acre tract of land in the J.N. Harrell Survey. Abstract No. 284, In Williamson County, Texas and being a part .. of a 470.31 acre tract of land. designated as the South Tract, conveyed to A. H. Robinson et al by deed recorded in Volume 413. Page 626 of tho Deed Records of Williamson County. Texas and being more particularly described by metes and bounds as follows; BEGINNING at an iron pin set on the South line of Smyers Lane, formerly known as Farm Road 1620, for the Northwest corner of this tract from which iron pin the Southwest corner -of a 231.71 acre tract of Iand. designated as the North Tract in the above mentioned Volume 413. Page 626.' bears S 53. 35' 09' W 264.94 feet. S 38. 54' 06' W 556.40 feet. and N 28. 36' 51' W 122.61 feet. THENCE N 53' 35' 09' 8 with the South lino of Smyers Lano 122.06 foot to an iron pin set for the Northeast corner of this tract. THENCE S 46' 56' 35' 8 328.01 feet to an iron pin set on the curving North line of Ranch Road 1620 for the Southeast corner of this tract. THENCE with the arc of the said curve 120.01 said curve having a radius of 2352.00 feet. a central angle of 02' 55' 25'. and a sub -chord which bears'S 43' 03' 25' W 120.00 feet to an iron pin set for the Southwest corner of this tract. THENCE N 46' 56' 35' W 350.31 feet to the POINT OF BEGINNING containing 0.933 acres of land more or leas. I. Timothy 8. Haynie, A REGISTERED PUBLIC SURVEYOR. do hereby certify that these -field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 13th day of August, 1985. A11 corners located are es shown. There are no encroachments, conflicts or protrusions apparent on the ground . except ea shown. • 1147818 d KALLHAN, INC. 1 Tiaothy Haynie, Registered Public Surveyor No. 2380 Date 6.-/5.65 • .i • • 4., • ,s;J: at apSaar4,,NO.:riaigialka.J.{:1141..0.6.1aa......4... • EXHIBIT "B" VOL 1281 WC 905 • SKETCH TO ACCOMPANY FIELD NOTES FOR AN S. 068 ACRE TRACT AND .A •0 .933 ACRE TRACT IN THE • J. M. HARRELL SURVEY, A-284, • WILLIAMSON COUNTY, TEXAS "ITIL°1145116" NAOE SAMS, 1,41. VOL. 300. PO. 060 0.1.1A moutni. sunrri, •-•4t DILL •MILBUIIN. INC, .VUL 1020. P0. 202 . ULUIN sum maim. e. •11. 1 -Tr/ r.iM% #-1 4 A. 11 1100THSON. Jf1.. ET. AL. - • ,/ 131.71 AC. 413, P0, 025 CURVE TABLE .71 494114411. Stitt* 44• 111t 744C Mitt . klti li11 to toffp -1:11 .111 11:01.8 IIIM . 3.11 • Jiiii • LEGEND VICC/14=TE MONUMENT FOUND CONCRETE MDNUMF.NT SET • SALV. PIPE FOUND •IRON PIN FOUNU • IRON PIN SET DI. BUILDING LINE SURVEY LINE COUNTY L I NE PUE • PUBL IC UT IL I 1 Y F.ASENENT • ' DE • DRAINAGE EASEMEN matt Nit 77T4.11 tilt le 71744• 1$1. Mt Motif. int KAI& 1••00. .3M0 11 4414 MAI 111.1.11 CUICOIED NM= OVI HAYNIE & KALLMAN COMULTINO MIMI* WSTIVI - DOWD MCA. TM, 4 4 Yot 1284 Pei 906 FILED FOR RECORD WILLIAri Cs: CO9?! . Y. X. IM5 DEC [[12 PM 2 43 COUNTY CLERIC STATE OF TEXAS COUNTY OF WQIUAISON hereby testify that this Instrument was FLIED on Ike date and at the tree stamped hereon by me; and sus duty RECORDEO. in the Yotume and Page of the named RECORDS el WWilhamson Couaty. Tens, as stamped hereon by mea on DEC 1 3 1985 446 COUNTY MIK / WtWAAISON COUNTY, TTM • ISIi ' 1311 4. e\� w E � Subject Tract 1.52 ac. �G�tiy a 1 W Va��a—y,Dr �. iOOG IN VO Jil 3 / I/1 ff� Ordinance No. A -09-05-14-8G1 Annexing 1.52 acres of Park Valley Drive right-of-way. 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 2009035276 05/20/2009 03:23 PM SURRATT $140.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS