A-09-05-14-8G5 - 5/14/2009ORDINANCE NO.�'-
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 2.339 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 2.339 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\sccmce\oua\osos\MUNxCIp/.J \ozos14CS.DCC/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 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.
H.
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 Mc,,j , 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.
L. WHITE, City Secretary
Irl
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT "A"
GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 2
DESCRIPTION
• 6
EXHIBIT
«A„
BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING a 2.339 -acre tract of
land, more or less, being out of and a portion of the Memucan Hunt Survey,
Abstract No. 314, in Williamson County, Texas, and further described in a Deed
recorded in Document Number 2002097195, Official Public Records of Williamson
County, said Deed being attached hereto as Exhibit B,
SAID 2.339 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
A1 RET(RN TO: FIRST AMERICAN TflE
G,LF � Jpiyi�
lfrcA
Foran TTA -ROW -N-11 WT (Whole Taking)
Page 1 of 3
06f2002
200 2097195 7 iDes
County: Williamson
Highway: SH 45
Limits: From West of US 183 To Station 798+00 Near FM 685 and the Proposed SH 130
Parcel #: 141
DEED
Controlled Access Turnpike Facility
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
WHEREAS, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") and the Texas
Transportation Commission has been authorized pursuant to Texas Transportation Code, Chapter 361, to purchase land and
such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a turnpike project; and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient by the TTA for
the construction, expansion, enlargement, extension, improvement, or operation of a tumptice project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, David Wilson Leppin and Milford Clarence Anderson, Jr., not joined herein by our respective spouses in that no part
of the property constitutes any portion of our business or residential homestead, both ofthe County of Travis, State of Texas,
and Keith D. Lair as independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as
Guardian of the Person and Estate of Ruth Lair Wilson, of the County of , State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of One Million, Five Hundred Twenty Eight Thousand,
Three Hundred and Five and no/100 Dollars ($1,528,305.00) to Grantors in hand paid by the State of Texas, acting by and
through the TTA, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Donate and by these presents do Grant, Give, and Convey unto the State of Texas all
that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, more particularly
described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. The consideration
recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order
to avoid formal eminent domain proceedings and the added expenses of litigation,
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following
improvements located on the property described in said Exhibit "A," to wit:
N/A
Grantors covenant and agree to remove the above-described improvements from said land by the WA day of ,
subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Granters fail
or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or
any part of such improvements not so removed shall pass to and vest in the State of Texas forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this
reservation shalt affect the title and rights of the State to take and use all other minerals and materials thereon, therein and
thereunder.
r
Form TTA -ROW -N-11 WT (Whole Taking)
Page 2 of 3
Db2002
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights
and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby
bind ourselves, our heirs, executors, administrator;, successors and assigns to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
OF2strument is ed on this the 07 1/6 day of , 2002_
David Wilson Leppin
( ,.—
Milford"Clarence Anderson, Jr.
Acknowledgement
The State of Texas §
County ofkidl (1iY1tMfl § , J
This instrument was acknowledged before me on �� a y
Leppin.
The State of Texas §
§
County of Tyra- 15 §
AMY L. SWANK
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 09412004
This instrument was acknowledged before me on
Anderson, Jr.
, 2002 by David Wilson
Acknowledgement
Form TTA -ROW -N-1 Iw r (Whole Taking)
Page3of3
06/2002
IN WITNESS WHERETO t `s in t is executed on this the day of
Keith D. Lair eependent Administrator with Will
Annexed of the Estate of Wilbur Alfred Wilson, Deceased
Keith D. r': Guardian of the Person and Estate
of Ruth Lair Wilson
The State of Texas §
§
County ofCf--1)-4 §
This instrument was acknowledged before me on
Acknowledgement
2� , 2002 by Keith D. Lair as
Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as Guardian of the
Person and Estate of Ruth Lair Wilson.
ANGIE PUCKETT
Notary Public, tete of Texas
My Cortxmsslon ExPkea
January 22, 2005
:,t t ui (N TO: FIRST AMERICAN TITLE
OF PII, 7
i r
otary Pub i 's Signature
EXHIBIT A
County: Williamson
Parcel No.: 141
Itghwayr State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CS7:
FIELD NOTE DESCRIPTION FOR PARCEL 141
Page I of 3
October 10, 2000
DESCRIPTION OF A 2339 ACRE (101,887 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMOCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 43 ACRE TRACT OF LAND CONVEYED BY AFFIDAVIT
(LAST WILL AND TESTAMENT OF DORIS E. ANDERSON) TO MILFORD CLARENCE ANDERSON JR.,
AS RECORDED IN VOLUME 13100, PAGE 509, OF THE REAL PROPERTY RECORDS, TRAVIS COUNTY,
TEXAS, SAID 2.339 ACRE (101,887 SQUARE FEET) TRACT AS SHOWN ON THE RIGHT-OF-WAY PLAT
PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS;
COMMENCING at a Vs -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set
201.65 feet right of Survey Baseline Station 603+57.91, and being in the proposed south right-of-way (ROW) line of
State Highway No. 45, and in the east line of a called 13.111 acre tract of land conveyed to ERG Round Rock,
LTD., as recorded in Document No. 2000040433 of the Official Public Records of Williamson County, Texas, and
in the west line of the remainder of a called 4.108 acre tract of land as conveyed to ERG Round Rock, LTD, as
recorded in Document No. 2000001053 of the Official Public Records of Williamson County, Texas, same being
inside Lot 3, Block A of Greenlawn Crossing Subdivision a subdivision of record in Cabinet S, Slides 324-325 of
the Plat Records of Williamson County, Texas, from which a 5/8 -inch iron rod found for the southwest corner of
said 4.108 acre tract bears S 03°08'25" E, a distance of 377.36 feet;
THENCE with said common line, N 03°08'25" W, a distance of 3.07 feet to a 1/2 -inch iron rod found in the north
line of said Lot 3 for the south common corner of the remainder of said 43 acre tract and Lot 1, Block A of said
Greenlawn Crossing Subdivision, and the southeast corner of the tract described herein, for the POINT OF
BEGINNING being 198,65 feet right of Survey Baseline Station 603+58.59;
THENCE with the north lines of said Lot 3 and the south lines of the remainder of said 43 acre tract the following
three (3) courses and distances numbered 1 through 3:
1. With the arc of a partial curve to the right a distance of 304.75 feet through a central angle of 00°45'19",
having a radius of 23118.31 feet, and whose chord bears S 74°24'55" W, a distance of 304.75 feet to a
calculated point,
2. S 74°47'44" W, a distance of 107.11 feet to a calculated point for the beginning of a non -tangent curve to
the left, and
FNI900R 20081-20
rh
Page 2 of 3
October 10, 2000
3. with the arc of said non -tangent curve to the left a distance of 129.98 feet through a central angle of
85°06'44", having a radius of 87.50 feet, and whose chord bears S 32°15'08" W, a distance of 118.35 feet
to a TxDOT Type II concrete monument set to replace a t/ -inch iron rod found 278.70 feet right of Survey
Baseline Station 598+62.16 in the proposed east ROW line of Greenlawn Boulevard (a varying width
ROW) for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod with cap found
for the end of a curve in said proposed east ROW line bears with the arc of a partial curve to the left a
distance of 1065.19 feet through a central angle of 70°57'58", having a radius of 860.00 feet, and whose
chord bears S 25°11'12" W, a distance of 998.39 feet;
THENCE with the proposed east ROW line of said Greenlawn Boulevard and the west lines of the remainder of
said 43 acre tract the following three (3) courses and distances numbered 4 through 6:
4. with the arc of a partial non -tangent curve to the left a distance of 92.07 feet through a central angle of
06°08'02", having a radius of 860.00 feet, and whose chord bears N 13°21'48" W, a distance of 92.03 feet
to a calculated point,
5. N 16°25'49" W, a distance of 91.30 feet to a calculated point of curvature. and
6. with the arc of a curve to the right a distance of 137.68 feet through a central angle of 90°09'26", having a
radius of 87.50 feet, and whose chord bears N 28°29'49" E, a distance of 123.91 feet to a calculated point in
the existing south ROW line of Louis Henna Boulevard (having a variable width R.O.W.), being the
northwest comer of the remainder of said 43 acre tract;
7. THENCE with the common line of Louis Henna Boulevard and the remainder of said 43 acre tract,
N 73°25'01" E, a distance of 455.69 feet to a 5/8 -inch iron rod found for the north common corner of said 4.108
acre tract and the remainder of said 43 acre tract for the northeast corner of the tract described herein;
8. THENCE with the common line of said 4.108 acre tract and the remainder of said 43 acre tract, 5 03°08'25" E. a
distance of 206.31 feet to the POINT OF BEGINNING, and containing 2.339 acres (101,887 square feet) of land,
more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
}
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein was
determined by a survey made on the ground September 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 20`4 day of October, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 1
Austin, Texas 78704
INI900R
Midfeet R. Hatcher
Registered Professional Land Surveyor
No. 4259 - State of Texas
20081-20
71EUAMSON CCUNTT, TAWS
SCA2J1
r-roo•
BEGIN PROJECT
598.00.00
a
--SURVEY BASELINE
N 74-47'S6•E 281730'
b
0
O
O
1 S rn ,a
:‘1,!0 4
n O� o
m
i 2
r -
o f
iZ
CO
o MEMUCAN HUNT SURVEY A-314
C:J
C4
OCTAL C
LOUT 6 SURVEY BASELINE
(VAR Ir NA t8.W.I
CVAR 10.101 CURVE DATA
NO RTC0 COUNTY 10.10 110 . __ , n1510 609.7 ,Ij
NO REcoRONG OATA{01Rdp 'E • 11.3941.16.1589 9886 J2
6.. 07'11"2'/1
a •O • 9775' OCT
,,,, ; , t -J6A94r. ...
t ' :7 - g2+ter
_: R :gNTE%4'1'
I: N7P4'4'79'£
''•fit .: ' ''.L. 0. fSto 80/2•55.04
0/
.. _y1 r : PST Tpc S/o 80,93!5!
"IL N73 25'0TE 455.69'
.4
14-0150730.33990 EXISTING R.O.W. LINE
E-309060.59480
2.339 ACRES
1101,887 S0. FTJ
MILFORD CLARENCE ANDERSON JR.
1/3 INTEREST
REMAINDER CALLED 43 ACRES
VOL. 13100. PG. 509
R.P.R.T.C.Tx.
CONTROL OF ACCESS LINE
CN74.47'26'8
167.08')1 „....„..,,OCTAL 6
574'4744'w / 1
199 UT ....s1emSA 00' RT PRQP.QSEA R,Q w_,. -LINE .662.74.06
200.06' RT
CI
15' PUE
598.62.16
278.70'RT
TO
x'15011 100 FOUND REPLACE
• WM CM
ERG ROUND ROCK. LTD
CALLED 13.111 ACRES
DOC. NO. 2000040433
O.P.R•W,C.Tx.
BLOC6LOT
3A
PARCEL INFORMATION BLOCK
PNICEL 5 0.
IT ROC AJKS
141 2339 K.
IO
66
5.7 . P3.)
DEED ACRE90[ RMAagE9
2.339 AC.
5101.967 50. 91.)
0
ngq77RCE5E5L141
. 1+!a 603.86591
1'44
A
^i o0�0`C1 _
. 0 ^; 11.
1--•231)335'
' .h. y ry : 8[T3i{$p74 7 14'55"W �ceN'STY
9.394 7v
00
BLOCK OT A
C2
GREENLAWN CROSSING SUBDIVISION 'A- Nr •
CA8. S. 51. 324-325
P.R.W.C.TI1.
NOTES:
BEARINGS ANO COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
CENTRAL ZONE *2) ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED 8Y DOUG ANDERSON, RPLS,SUR VCON,INC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXOOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS
NOT SHOWN.
331.05
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
DETAILS ME NOT DRAWN TO SCALE.
I HEREBY CERTFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE .910 CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
MICH y R. HATC
REGI TERED PROFESSIONAL LAND SURVEYOR
NO. 4259. STATE OF TEXAS
•
BMC.
E
4079 Caplalol To= 54 fl* y, SD.
ate. Oaks Professional PI929. Sade 126
A59si1l Tom 79704
(917) 447-0975
Fax: 1514126-3M
C3
iv0002"
`r49"W
92. 3'
15'.15.08"W
04
C2
[ 81451.2* $4111-9]
941.E�
°
C•88.35'
11: pgp);y60925' 4•ptOS'39'
T•9].7
1:137.68.
P
c 112 :• 79•u' T
5.61 N29r29Y9T C•RJ
LEGEND
• TYPE 1 CONCRETE MOMAIENT 550110
4 TYPE 1 CONCRETE MOI1ALYIT FClI40
• TYPE 5CONCR70 MOILIMMT 592
• Ya- PPE F81.90 19(953 110590
D YI^ RON R00 SET 1I1 TOOT CM UNLESS 903E0
•Ya• RMAO 900 AO :MESS 50T[0
• SO 0 NAL 5E5 LNLESS NOTED
• 40 0 NIA FOUND 'MISS ND7CO
4 CKCTRATCD PONT
1 P90PERTY L91
4 95)5799 LP[
1 IRECORD ^FORMAT1011
.9a PONT O K019115
P49. P0eaP COI9ENna•
Loa PORK Of RFC
:.i �T 95 1 5
I9:95•ORGENI 9C
M POt
NON 900 AD
P• NON PPE FOLIO
PUE. 940 555(117 UNION
914...9.,, OIN01L MARX 9955905 119.LNIISON
80.985.111/93
e•ua. 05/,01. MOMS )45.799.011 COLNIr.TE7A4
55.45. KAT 5(90905 5(17140011 005.1117, 591)5
V*Tti. KN. mimeos
10(0903 T. colony. OINIY. T9959
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
MILFORD CLARENCE ANDERSON JR.
PACE 3 OF 3
REF. FIELD
NOTE NO.1400R
FILED iWl RECL?DED
OFFICIAL PUBLIC RECO
c)e
12-09-2002"02:00 PM 2002097195
ANDERSON $21.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
•
t.
Exhibit A Sketch
EXHIBIT
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 2.339
ACRES, MORE OR LESS, OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NUMBER 314, ALSO KNOWN AS GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 2, AS DESCRIBED 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. The Property is surrounded by public right-of-way
on three sides — north, east, and west. To the south lies a commercial development.
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.
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 — the property is owned and will be maintained by the Texas
Department of Transportation;
(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
E -4a*
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8G5. Consider an ordinance authorizing unilateral annexation of 2.339 acres of SH 45
right-of-way located to the east of the intersection of SH 45 and Greenlawn
Boulevard. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
This Tract is entirely public right-of-way. Over the past several years, property was acquired for the
development of State Highway 45, replacing Louis Henna Boulevard. Most of this acquired property was
either already in the city limits of Round Rock, or annexed after acquisition. This Tract, however, was
inadvertently not annexed. The Tract is surrounded by City limits on every side and is thus a classic
"donut hole" in City limits. Annexing the Tract simply fills that hole and ensures consistent police and
fire protection at this busy intersection.
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
iii
THE STATE OF TEXAS *
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK *
1111111111111111
111111111111111111111111111
II ORD
23 PGS
2009035272
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 -09-05-14-8G5 which annexes 2.339
acres of SH -45 right-of-way located to the east of the intersection of SH -45 and Greenlawn
Boulevard. 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. Ce/ -
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 2.339 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 2.339 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\SCC1nte\0112\0905\MUNICIPAL\09051405 .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 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.
of
READ, PASSED, and ADOPTED on first reading this
M
, 2009.
14 -
day
Alternative 2.
READ and APPROVED on first reading this the day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
day of , 2009.
ATTEST:
Akft,
L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT "A"
GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 2
DESCRIPTION
EXHIBIT
„A„ OA
BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING a 2.339 -acre tract of
land, more or less, being out of and a portion of the Memucan Hunt Survey,
Abstract No. 314, in Williamson County, Texas, and further described in a Deed
recorded in Document Number 2002097195, Official Public Records of Williamson
County, said Deed being attached hereto as Exhibit B,
SAID 2.339 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
() RETURN TO: FIRST AMERICAN TITLE
GF # i--7 PsrT7
Foam TTA -ROW -N,.11 WT (Whole Taking)
Page 1 of 3
062002
2002 09195 7 PP
County: Williamson
Highway. SH 45
Limits: From West of US 183 To Station 798+00 Near FM 685 and the Proposed SH 130
Parcel #: 141
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
DEED
Controlled Access Turnpike Facility
§
§
EXHIBIT
WHEREAS, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") and the Texas
Transportation Commission has been authorized pursuant to Texas Transportation Code, Chapter 361, to purchase land and
such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a turnpike project; and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient by the TTA for
the construction, expansion, enlargement, extension, improvement, or operation of a turnpike project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, David Wilson Leppin and Milford Clarence Anderson, Jr., not joined herein by our respective spouses in that no part
of the property constitutes any portion of our business or residential homestead, both of the County of Travis, State of Texas,
and Keith D. Lair as Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as
Guardian of the Person and Estate of Ruth Lair Wilson, of the County of , State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of One Million, Five Hundred Twenty Eight Thousand,
Three Hundred and Five and no/100 Dollars ($1,528,305.00) to Grantors in hand paid by the State of Texas, acting by and
through the TTA, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Donate and by these presents do Grant, Give, and Convey unto the State of Texas all
that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, more particularly
described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. The consideration
recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order
to avoid formal eminent domain proceedings and the added expenses of litigation.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following
improvements located on the property described in said Exhibit "A," to wit:
N/A
Grantors covenant and agree to remove the above-described improvements from said land by the N/A day of
subject, however, to such extensions of time as may be granted by the State in writing, and if, for any reason, Grantors fail
or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or
any part of such improvements not so removed shall pass to and vest in the State of Texas forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this
reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and
thereunder.
Form TTA -ROW -N -I I WT (Whole Taking)
Page 2 of 3
06/2002
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights
and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby
bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof
OF, 1S ' str ument is ed on this the t 1 ' day of , 2002.
David Wilson Leppin
MilforCrl- larence Anderson, Jr.
Acknowledgement
The State of Texas §
County of (, J,!(, ttMt &ell §
This instrument was acknowledged before me on .t C itN.xJc a `1
Leppin.
The State of Texas
County of Tyrall S
§
AMY L SWANK
NOTARY PUBLIC
STALE OF TEXAS
My Comm. Exp. 09-11-2004
This instrument was acknowledged before me on
Anderson, Jr.
, 2002 by David Wilson
Acknowledgement
, 2002 by Milford Clarence
K DANIELLE MCCLURE eViee
NOTARY PUBLIC Notary Public's Signature
STATE OF TEXAS
My Comm. Exp. 00-18-03
Form TTA -ROW -N-1 IWC (Whole Taking)
Page 3 of 3
06/2002
IN WITNESS WHER�E'O , this intent is executed on this the clay of
Keith D. Lair a 4n eependent Administrator with Will
Annexed of the Estate of Wilbur Alfred Wilson, Deceased
Keith D. ':. Guardian of the Person and Estate
of Ruth Lair Wilson
Acknowledgement
The State of Texas §
§
County of - tJ §
This instrument was acknowledged before me on � llg -� 29 -� , 2002 by Keith D. Lair as
Independent Administrator with Will Annexed of the Estate of Wilbur Alfred Wilson, Deceased and as Guardian of the
Person and Estate of Ruth Lair Wilson.
ANGIE PUCKETT
Notary Public State
Texas
MY Commission xirro
1.44—a s# denmmary 221 200.■
7
�r1nW`r
URN TO: FIRST AMERICAN TITLE
t9F # PM i'i
'
Notary Pub 's Signature
EXHIBIT A
County: Williamson
Parcel No.: 141
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 141
Page 1 of 3
October 10, 2000
DESCRIPTION OF A 2.339 ACRE (101,887 SQUARE FEET) TRACT OF LAND LOCATED IN THE
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY, TEXAS; BEING A
PORTION OF THE REMAINDER OF A CALLED 43 ACRE TRACT OF LAND CONVEYED BY AFFIDAVIT
(LAST WILL AND TESTAMENT OF DORIS E. ANDERSON) TO MILFORD CLARENCE ANDERSON JR.,
AS RECORDED IN VOLUME 13100, PAGE 509, OF THE REAL PROPERTY RECORDS, TRAVIS COUNTY,
TEXAS, SAID 2.339 ACRE (101,887 SQUARE FEET) TRACT AS SHOWN ON THE RIGHT-OF-WAY PLAT
PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING at a 1 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set
201.65 feet right of Survey Baseline Station 603+57.91, and being in the proposed south right-of-way (ROW) line of
State Highway No. 45, and in the east line of a called 13.111 acre tract of land conveyed to ERG Round Rock,
LTD., as recorded in Document No. 2000040433 of the Official Public Records of Williamson County, Texas, and
in the west line of the remainder of a called 4.108 acre tract of land as conveyed to ERG Round Rock, LTD, as
recorded in Document No. 2000001053 of the Official Public Records of Williamson County, Texas, same being
inside Lot 3, Block A of Greenlawn Crossing Subdivision a subdivision of record in Cabinet S, Slides 324-325 of
the Plat Records of Williamson County, Texas, from which a 5/8 -inch iron rod found for the southwest corner of
said 4.108 acre tract bears S 03°08'25" E, a distance of 377.36 feet;
THENCE with said common line, N 03°08'25" W, a distance of 3.07 feet to a /-inch iron rod found in the north
line of said Lot 3 for the south common corner of the remainder of said 43 acre tract and Lot 1, Block A of said
Greenlawn Crossing Subdivision, and the southeast corner of the tract described herein, for the POINT OF
BEGINNING being 198.65 feet right of Survey Baseline Station 603+58.59;
THENCE with the north lines of said Lot 3 and the south lines of the remainder of said 43 acre tract the following
three (3) courses and distances numbered 1 through 3:
1. With the arc of a partial curve to the right a distance of 304.75 feet through a central angle of 00°45'19",
having a radius of 23118.31 feet, and whose chord bears S 74°24'55" W, a distance of 304.75 feet to a
calculated point,
2. S 74°47'44" W, a distance of 107.11 feet to a calculated point for the beginning of a non -tangent curve to
the left, and
FN 1900R 20081-20
Page 2of3
October 10, 2000
3. with the arc of said non -tangent curve to the left a distance of 129.98 feet through a central angle of
85°06'44", having a radius of 87.50 feet, and whose chord bears S 32°15'08" W, a distance of 118.35 feet
to a TxDOT Type II concrete monument set to replace a 1 -inch iron rod found 278.70 feet right of Survey
Baseline Station 598+62.16 in the proposed east ROW line of Greenlawn Boulevard (a varying width
ROW) for the southwest corner of the tract described herein, from which a' -inch iron rod with cap found
for the end of a curve in said proposed east ROW line bears with the arc of a partial curve to the left a
distance of 1065.19 feet through a central angle of 70°57'58", having a radius of 860.00 feet, and whose
chord bears S 25°11'12" W, a distance of 998.39 feet;
THENCE with the proposed east ROW line of said Greenlawn Boulevard and the west lines of tht remainder of
said 43 acre tract the following three (3) courses and distances numbered 4 through 6:
4. with the arc of a partial non -tangent curve to the left a distance of 92.07 feet through a central angle of
06°08'02", having a radius of 860.00 feet, and whose chord bears N 13°21'48" W, a distance of 92.03 feet
to a calculated point,
5. N 16°25'49" W, a distance of 91.30 feet to a calculated point of curvature, and
6. with the arc of a curve to the right a distance of 137.68 feet through a central angle of 90°09'26", having a
radius of 87.50 feet, and whose chord bears N 28°29'49" E, a distance of 123.91 feet to a calculated point in
the existing south ROW line of Louis Henna Boulevard (having a variable width R.O.W.), being the
northwest corner of the remainder of said 43 acre tract;
7. THENCE with the common line of Louis Henna Boulevard and the remainder of said 43 acre tract,
N 73°25'01" E, a distance of 455.69 feet to a 5/8 -inch iron rod found for the north common comer of said 4.108
acre tract and the remainder of said 43 acre tract for the northeast corner of the tract described herein;
8. THENCE with the common line of said 4.108 acre tract and the remainder of said 43 acre tract, S 03°08'25" E, a
distance of 206.3I feet to the POINT OF BEGINNING, and containing 2.339 acres (101,887 square feet) of land,
more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS j
KNOW ALL MEN BY THESE PRESENTS:
That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein was
determined by a survey made on the ground September 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the VI' day of October, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 1
Austin, Texas 78704
FN 1900R
Michael R. Hatcher
Registered Professional Land Surveyor
No. 4259 - State of Texas
20081-20 •
•
WILL AUSON COMM. =AS
SCALZ
r.Io0.
T AA
13E01 PROJECT
59)1.00.00
''---'-,SURVEY BASELINE
' K 7447' )16 £ 281731
STATt:.1>GHW Y .4b
LOUIS HENNA $LVD.
(VARYINGWDTH R• W./
tORIDWAL COUNTY ROD 110
NO RECORDING DATA. r oU45l,
!Ill f
SURVEY BASELINE
CURVE OAT
Pt Sto 609.79.455,
.•? N - 101509485082
. ' E J�.3SB95J5D9
6+ •/ 07"73"1)"l►
•0 • 0'/5' 00
L-- 4481r.
' :T - 024.4r • .,
•_; .R •-g»7 18.29'
CB N7P'w4'19•E
_ .:L.;O .a 164778.1
PC
Sto soo-550-4
r ,. i?7 Sto 817,03J5
•
•
U73' 25'OrE 455.69'
PARCEL INFORMATION BLOCK
PARCEL M.
141
TA1(PIG ACRES
2.339 AC.
1101.687 50. FT,)
DEED ACREAGE
2.338 AC.
1101.057 S0. FI.)
REMAICER
0
-0
0
-0 i
O Z
Lel
.(Oi.,"'r
•0
1 n O o
a
:te
i Z
at 1
P
{z
w
O
598-62.16:
278.70' R1
OCTAL C
PC
18.10150730,33980
(.3139060.39450
2.339 ACRES
001.887 SO.FTJ
EXISTING R.O.W. LINE
4PA-
MILFORD CLARENCE ANDERSON JR.
1/3 INTEREST
REMAINDER CALLED 43 ACRES
VOL. 13100, PC. 509
R.P.R.T.C.Tx.
CONTROL Of ACCESS LME
(U74107 ,078
OW) _DETAIL 0
57107'44W(""
19907 ._.6199 UO RT '..• PRAPQ5ED R.Q.W._t. 1 ......602,74.06
200.06' RT
0
15' PUE•
�t b.t:_.
•
p8RCEL.141
GS.' "60365/.91
) !r •;4 AA' ppppi1
h a � Jl.. H 19• R-27118.37
CI
So 7.... 73550045, L•304.74'
" H B• 4 24.55"71 CO•N74• 24.37Y
, •304.75' c.3o4.74
`O[TAM, A
MEMUCAN HUNT SURVEY A-314
TO REPLACE
21210N ROO FOUND
• WITH CAP
OCTAL •
ERG ROUND ROCK, LTD
CALLED 13.111 ACRES
DOC. NO. 2000040433
0.P.R.W.C.Tx.
OETAL �`
t® V7,11•
BOC1l
OT3A
GREENLAWN CROSSING SUBDIVISION
CAB. S, SL. 324-325
P.R.W.C.TX.
0.3•
NOTES:
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM.NAD 83.
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON. RPLS. SURVCON. INC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXDOT AERIAL SURVEY DIGITAL FILES_ THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER. IMPROVEMENTS
NOT SHOWN.
0E1 AA. C
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
DETAILS ME NOT DRAWN TO SCALE.
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION ANO SUPERVISION AND THAT
THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
MACH a R. HAT
REGI TERED PROFESSIONAL LAND SURVEYOR
NO. 4259. STATE OF TEXAS
00
LOT 3
BLOCK A
C2 c2
AA S 06'44' •IS•
-orce-
R- 7.50'. 11-07,30
4.
Fvr W
CC yy L•t7f.II
•• • 0 .35.15'00 nB.J x'Y1 t
C3
LLCCCTT 7jRp�C�j4
4
[LR -t09.26- A•90or3Y
..
B -NQ -•.9421
913
.
2
54
5
.
w
CB� r 20'4"E J
-W
CC 2233 99Yr„or
559”
LEGEND
• TYPE 1 CONCAVE Y0M)MENT TDU8
• TYPE M CONCRETE 100AAAENT FOOIV
• TYPE [CONCRETE 90NUMEM7 SET
• Yr PPE FOUND UNLESS NOTED
o Y► 11017 ROO SET •I 710707 CAP MESS NOTED
• Te ROI ROO FOUND UNLESS
O DO NAL 5(1 MESS NOTEDMOT[5
• 49 0 1UL 70190 MISS N01E0
O CACCULAIEO PONT
4 PROPERTY LIR
CENTER L14
t ) RECORD NFOR1UT4ON
r.•S PONT OF DEMONIC
P0.0 PC•17 OF COUNIENCINC
P O^ PONT OF REFERDCE
• PONT Q C1AVA1URE
P.1. PONT 07 TANGENCY
MEN) WIVE
W R▪ ROON ROO num
Ir Nan PPE 70ur
P oi PU4C UTILITY EASE1[N(
[VA•_Gl,, OFFICIAL PUBLIC RECORDS WILIAMSO N
COUNTY. TEXAS
tu•.c.la 07710* RECOITOs WLL4AMSON CO(NY7. TEXAS
Pas.c.t.. PLAT RECORDS WLLIAM5011 COUNTY. TEXAS
D&0.61.. OEE0 RECORDS WLUAMS0N COUNT y. TEXAS
MAAT.c,a REAL P*0111111' RECORDS TRAMS COU11Y. 1(17&5
402a CROW 11<TWOS H +Y. so. RIGHT-OF-WAY PLAT PAGE 3 OF 3
ErodAms L 7o0•480•484% 125 SHOWING PROPERTY OF
AtNItTams 78704 REF. FIELD
F�m1 2) is17z-067326-3(9 MILFORD CLARENCE ANDERSON JR. NOTE NO. I9OOR
J
FILE hW RECORDED
OFFICIAL PUSLIC RECO
0
12--09-2002~02:00 PM 2002097195
ANDERSON $21.00
NANCY E. RISTER .COUNTY CLERK
WILLIAMSON COUNTY. TEXAS
Exhibit A Sketch
EXHIBIT
"B"
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 2.339
ACRES, MORE OR LESS, OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NUMBER 314, ALSO KNOWN AS GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 2, AS DESCRIBED 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. The Property is surrounded by public right-of-way
on three sides — north, east, and west. To the south lies a commercial development.
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:
(I)
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 — the property is owned and will be maintained by the Texas
Department of Transportation;
(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 s ervices 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
c
Ordinance No. A -09-05-14-8G5
Annexing 2.339 acres of SH -45 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 2009035272
E.1Q1A
05/20/2009 03:23 PM
SURRATT $104.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS