A-09-05-14-8G6 - 5/14/2009ORDINANCE NO. - [-O5'
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 1.607 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 1.607 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\SCC1nts\0112\0905\MmncIPAL\090514G6.D0C/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.
READ, PASSED, and ADOPTED on first reading this i ttil� day
ofcy2009.
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 3'ecretary
)4-1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT "A"
GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 1
DESCRIPTION
EXHIBIT
„A„
BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING a 1.607 -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 2002063302, Official Public Records of Williamson
County, said Deed being attached hereto as Exhibit B,
SAID 1.607 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
Oink
Form Tr44R.OW-N-12PT (Partial Taking)
Rev. 9/00
P age 1 of 2
/.
RETURN TO: FIRSTAMERCAN TIRE
GF# /e000 3R (04411)
lA
DEED
Turnpike Facility
LV THE STATE OF TEXAS
0 COUNTY OF WILLIAMSONvs
§
WHEREAS, the Texas Turnpike Authority Division ("TTA") of the TexasDepartment of Transportation has been
C\ authorized pursuant to Texas Transportation Code, Chapter 361, to purchase land and such other property rights deemed
O necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a turnpike
0 project; and,
SH 45
Parcel 142
EXHIBIT
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 turnptkse project
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, William D. Lynch, of the County of Travis and Cecil E.
Great, of the County of Williamson, State of Texas, notjoined herein by our respective spouses in that no part of the property constitutes any part of our residential or business
homestead, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Eight Hundred
Seventy -Five Thousand, Twelve and 50/100 Dollars ($875,012.50) to Grantors in hand paid by the State of Texas, acting by
and through the TTA, receipt and suflici®cy of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell 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
C3rantors 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 thither 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 date State to take and use all other minerals and materials thereon, therein and
therermder.
Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the
turnpike project of which the land hereby conveyed shall become a part, shall be and forever remain subject to the same
regulation by legally constituted authority as applies to the public's use thereof; and Grantors .further acknowledge that the
design and operation of such tumprlce project require that access from Grantors' remaining property to said turnpike project
shall be governed henceforth as indicated in Paragraphs (A) and/or (8) hereinbelow, and all abutter's rights, including
rights of ingress and egress and the right of direct access to and from Grantors' remaining propety to said turnpike project,
which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released
and relinquished insofar as they appertain to Paragraph (B) hereinbelow:
'Poem Trick-ROW-N-I2Fr (Partial Taking)
R
Roy. 9/00
Page 1 of 2
SH 45
Pagel 142
(A) Access to and from Grantors' reanaining property will be permitted: To the remainder abutting the highway
facility.
(13)
Access to and from Grantors' remaining property will be denied: Access will not be denied
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
7
IN WITNESS WHEREOF, this instrument is executed on this the /7 day oM,//, 2002.
William D. Lyn
Cecil E. Green
Acknowledgement
The State of Texas
Cowmty of Williamson
This instrument was acknowledged before me on JL . /7 /2
M
JIM HENRY
Notary Public, State of Texas
w. -�. My Commission Expires
,ofN: f'. April 09, 2005
, 2002 by William D. Lynch.
The State of Texas
§
County of Williamson
This instrument was acknowledged before me on
�!! reb3 JIM HENRY
NotaryPublic, State of Texas
4.1 My Commission Expires
April 09, 2005
Acknowledgment
V
f-•. P"'t.
EXHIBIT' A
County: Williamson
Parcel No.: 142
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 142
Page 1 of 3
October 10, 2000
DESCRIPTION OF A 1.607 ACRE (70,001 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 11.06 ACRE TRACT OF LAND CONVEYED BY DEED TO
WDL INVESTMENTS, INC., AS RECORDED IN DOCUMENT NO. 2000001918, OF THE OFFICIAL PUBLIC
RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.607 ACRE (70,001 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:
BEGINNING at a 1 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set 232.86
feet right of Survey Baseline Station 609+31.34, same being in the proposed south Right -of -Way (ROW) line of
State Highway No. 45, and in the common line of a called 2.00 acre tract of land conveyed by deed to Larry Lea,
and wife, Linda Lea, as recorded in Volume 923, Page 228, of the Deed Records, Williamson County, Texas, and
said 11.06 acre tract, same being the southeast corner of the tract described herein, from which a 1/2 -inch iron rod
found for the south common corner of said 11.06 acre tract and said 2.00 acre tract bears S 05°13'55"E, a distance
of 165.35 feet;
1) THENCE crossing said 11.06 acre tract with the proposed ROW line of said State Highway No. 45 with
the arc of a curve to the right a distance of 290.60 feet through a central angle of 02° 52' 36", having a
radius of 5788.00 feet, and whose chord bears S 75° 54' 22" W, a distance of 290.57 feet to a 54 -inch iron
rod with a TxDOT aluminum cap set in the common line of the remainder of a called 4.108 acre tract of
land conveyed by deed to ERG Round Rock, LTD, as recorded in Document No. 2000001053 of the
Official Public Records Williamson County, Texas, and the remainder of said 11.06 acre tract, same being
in the east line of Lot 3 of Greenlawn Crossing Subdivision, a subdivision as recorded in Cabinet 5, Slide
324-325 of the Plat Records Williamson County, Texas, and being 217.97 feet right of survey baseline
station 606+43.98, from which a 60-D nail found in a 12" hackberry tree for the south common corner of
said 4.108 acre tract and the remainder of said 11.06 acre tract bears S 06° 46' 28" E, a distance of 411.35
feet;
2) THENCE with said common line N 06° 46' 28" W, a distance of 231.96 feet to a calculated point in the
existing south right-of-way (ROW) line of Louis Henna Boulevard (a varying width ROW), same being the
north common corner of said 4.108 acre tract and the remainder of said 11.06 acre tract, also being the
northwest corner of the tract described herein;
3) THENCE leaving said common line and with the existing south ROW line of Louis Henna Boulevard, and
the north line of said 11.06 acre tract N 73° 13' 39" E, a distance of 299.40 feet to a 1/2 -inch iron rod found
for the common corner of said 2.00 acre tract, and said 11.06 acre tract, and being the northeast corner of
the tract described herein;
FN 1784R
20081-20
Page 2 of 3
October 10, 2000
4) THENCE with the common line of said 11.06 acre tract, and said 2.00 acre tract S05°13'55"E, a distance
of 247.01 feet to the POINT OF BEGINNING, and containing 1.607 acres (70,001 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
1
1
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 April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 20°' day of October, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
FN1784R
Micha R. Hatcher
Regist red Professional Land Surveyor
No. 4259 - State of Texas
20081-20
WILLJAMSON COUNTY. TEXAS
• SCALE
r -Foo'
STATE HIGHWAY 45
LOUIS GWIDTH BLVD. R .1
(ORIGINAL "
COUN T Y_'ROAD"170
NO RECORDING DATA FOUND)
.9
5
ASA THOMAS SURVEY A-609
APPROXIMATE LOCATION OF SURVEY LINE
MEMUCAN HUNT
- SUfV EY._ -A-314... __
•••QWGDI CKQLATED mu cuss AVAL.NLT et TNS DIE.
PARCEL INFORMATION BLOCK
PARCEL NO.
162
TAKING ACRES
1.607 AC.
170,D01 S0. FT.)
DEED ACREAGE
6.952•. AC.
(302,629 S0. FT.I
REMANDER
2.345 AC,
(232.826 SO. FT.(
r (NTS•58•4"E)
trs`'i3.3s'E 299:40'' EXISTING R.O.W. LINE'
•
SURVEY BASEL/NE
ERG ROUND•ROCK,LTD
REMAINDER CALLED' 4.108 ACRES W
DQCi'N.0:' 2000001053'
O,P.R.W.C,Tx. IN
n ie
8 °'
IDM
b
LoT
BLOCK IA
.tO
• 7
COy
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LOT LINE
e
OCK3A
GREEN
NOTES;
LOT 2 K A
DOC. NO 2PISC.EsF 0000 4044
. 1
AWN CROSSING SUBDI 191614•'
CAB. 5, SL. 324-325
P.R,W.C.Tx,
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.
DETAILS ARE NOT DRAWN TO SCALE.
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIE
6.
•
60
60
TV
Op
1.60T ACRES.
1TO,ODI SO. FT./
CONTROL OF ACCESS LINE
PROPOSED R.O.W. LINE
60643.98 C1
217,97' RT
P.O.R.
60-0 NPL
M 12' NACKDERRY
C1
M3 ,86„
8290.57 4.22'•W
WDL INVESTMENTS, INC.
REMAINDER
CALLED 11.06 ACRES
DOC. NO. 2000001918
0.P.R.W.C.Tx.
MICH - L R. HATC R
REGIS ERED PROFESSIONAL LAND SURVEYOR
NO. 4259, STATE OF TEXAS
m�
e,
• P.O.R.
0
3
6.
•
PARCEL 142 .
232.36' 4'----•__-
20 T
N•. (10I
1 78786
�E• 313 7),l.223878
SURVEY BASELINE
CURVE DATA
PI Slo 608.79.45
N - /0/509465082
E - 3/398561589
C..4'0T13'(LT)
o - O' 15'00'
L • 164811'
T • 824.4/'
R • 22918.29'
CB • N72'4419'E
C • /647.75'
PC Sia 600.55.04
Pr Eta 6/7.03.15
LEGEND
• TYPE I CONCRETE MONUMENT FOUND
89 TYPE 'CONCRETE MONUMENT FOUND
• TYPE 'CONCRETE MONUMENT SET
• Vi' PIPE FOUNO UNLESS NOTED
O Va- IRON ROD SET WI TXDOT C,P UNLESS NOTED
• K•' RON ROD FOUND UNLESS NOTED
• 60 D NAL SET UNLESS NOTED
• 60 0 NAL FOUND UNLESS NOTED
4 CALCULATED PONT
E PROPERTY UNE
CENTER LRE
1 3
POINRECORDTOf INFORTION
0.(
CO)AIEMAKO
P.PORT OF COMMENCKO
A0.. POINT OF REFERENCE
P.C. POINT OF CURVATURE
P.T. PORK DF TAVOENCY
NT NF IRON TROD FOTCURVE
UN O
R •ON PINE FOLND
PLO{,
PUBLIC UTILITY EASEMENT
OP.w.w,e.iA OFFICRL PUBLIC RECORDS WLLIAIMSON
COUNTY, TEXAS
DA.w.C.1 . OFFMRL RECDROS LIA.UM4ON COUNTY, TEXAS
P.N.w.G.1.. PLAT RECORDS WILLIAMSON COUNTY. TEXAS
I C.(.. DEED RECORDS W OON COUNTY, TEXAS
9991.6.7,. REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS
4029 C1p,Talo1 Tow Hiph6Sy,SO.
NIX awde Oaks ProanalmalPlaza,SLIte 126
Aui6•L Tena 78706
(6124 447-0575
F444 161213263029
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
WDL INVESTMENTS, INC.
PAGE 3 OF 3
REF. FIELD
NOTE NO. 1784R
Al
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
OB -20-200212;46 PM 2002063302
SUSAN $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
RETURN T0: FIRST AMERICAN ME
GF# /g000128(rt��
Exhibit A Sketch
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 1.607
ACRES, MORE OR LESS, OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NUMBER 314, ALSO KNOWN AS GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 1, 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
EXHIBIT
',B.
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of ambulance service which is provided by Williamson
County EMS. 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) First Responder Emergency Medical Services — To be provided immediately
upon annexation by the City of Round Rock Fire Department;
(4) Ambulance services — Provided by Williamson County EMS
(5) Solid waste collection - As no residential properties or commercial ventures
exist within the Property, service of same is not at issue;
(6) 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;;
(7)
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;
(8) 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;
(9)
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
3
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.
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.
4
The City acknowledges that a uniform level offull municipal services is not required to
be provided to an area of the City which, by reason of its different characteristics of
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
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8G6. Consider an ordinance authorizing unilateral annexation of 1.607 acres of SH 45
right-of-way located between Greenlawn Boulevard to the west and Jazz Street
to the east. (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 two sides and is part of a "donut
hole" in City limits. Annexing the Tract simply helps fill 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
THE STATE OF TEXAS
*
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK
*
111111111111111111111111
1111111111111111111111111
II ORD
22 PGS
2009035271
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 -09-05-14-8G6 which annexes 1.607
acres of SH -45 right-of-way located between Greenlawn Boulevard to the west and Jazz Street
to the east. 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. t''C- -Q�j'
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 1.607 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 1.607 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:\wox\SCC1ncs\0112\0905\ iczew\o9o514G6.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.
READ, PASSED, and ADOPTED on first reading this 1+-41N - day
of May , 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" v
GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 1
DESCRIPTION
BEING ENTIRELY PUBLIC RIGHT-OF-WAY AND BEING a 1.607 -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 2002063302, Official Public Records of Williamson
County, said Deed being attached hereto as Exhibit B,
SAID 1.607 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
Form TT.A ROW-N-12Pr (Partial Taking)
Rev. 9/00
Pagel of 2
RETURN TO: FIRST AMERICAN TITLE 0
OF # / 7 o3�f i (944/2)
C. DEED
Turnpike Facility
THE STATE OF TEXAS §
0 COUNTY OF WILLI!AMSON §
OWHEREAS, the Texas Turnpike Authority Division (`°1 TA") of the Texas Department of Transportation has been
r authorized pursuant to Texas Transportation Code, Chapter 361, to purchase land and such other property rights deemed
0 necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a turnpike
0 project; and,
SH45
Parcel 142
EXHIBIT
B
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, William D. Lynch, of the County of Travis and Cecil E. Green, of the County of Williamson, State of Texas, not
joined herein by ow respective spouses in that no part of the property constitutes any part of our residential or business
homestead, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Eight Hundred
Seventy -Five Thousand, Twelve and 50/100 Dollars ($875,012.50) 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 Sold and by these presents do Grant, Bargain, Sell 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 it; for any reason, Grantors fail
or refuse to remove same within said period of tune 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
theretmder.
Grantors hereby admowledge that their use of and access to the expressway lanes to be constructed in conjunction with the
turnpike project of which the land hereby conveyed shall become a part, shall be and forever remain subject to the same
regulation by legally constituted authority as applies to the public's use thereof; and Grantors further admowledge that the
design and operation of such tumpt7ke project require that access from Grantors' remaining property to said turnpike project
shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutter's rights, including
rights of ingress and egress and the right of direct access to and from Grantors' remaining property to said turnpl7ce project,
which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released
and relinquished insofar as they appertain to Paragraph (B) hereinbelow:
'Form TTA -ROW N-72PT (Partial Taking)
Rcv.9/00
Page 1of2
SH 45
Parcel 742
(A) Access to and from Grantors' remaining property will be permitted: To the remainder abutting the highway
facility.
(B) Access to and from Grantors' remaining property will be denied: Access will not be denied
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
IN WITNESS WHEREOF, this instrument is executed on this the /7 day of /4', 2002.
•
Acknowledgement
The State of Texas
County of Williamson
This instrument was acknowledged before me on :fly I
o; *`, JIM HENRY
14 Notary Public. State of Texas
:v. My Commission Expires
f,„, April 09, 2005
, 2002 by William D. Lynch.
The State of Texas
County of Williamson
Acknowledgment
This instrument was acknowledged before me on J U /
457'oin.11A1.11A1 HENRY
Notary Public, State of Texas
` My Commission Expires
VI
';t'it`+''` April 09, 2005
by Cecil E. Green.
Pub lfc's Signatur
Page 1 of 3
October 10, 2000
EXHIBIT A
County: Williamson
Parcel No.: 142
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 142
DESCRIPTION OF A 1.607 ACRE (70,001 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 11.06 ACRE TRACT OF LAND CONVEYED BY DEED TO
WDL INVESTMENTS, INC., AS RECORDED IN DOCUMENT NO. 2000001918, OF THE OFFICIAL PUBLIC
RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.607 ACRE (70,001 SQUARE lrbET) 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:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set 232.86
feet right of Survey Baseline Station 609+31.34, same being in the proposed south Right -of -Way (ROW) line of
State Highway No. 45, and in the common line of a called 2.00 acre tract of land conveyed by deed to Larry Lea,
and wife, Linda Lea, as recorded in Volume 923, Page 228, of the Deed Records, Williamson County, Texas, and
said 11.06 acre tract, same being the southeast corner of the tract described herein, from which a 1/2 -inch iron rod
found for the south common corner of said 11.06 acre tract and said 2.00 acre tract bears S 05°13'55"E, a distance
of 165.35 feet;
1) THENCE crossing said 11.06 acre tract with the proposed ROW line of said State Highway No. 45 with
the arc of a curve to the right a distance of 290.60 feet through a central angle of 02° 52' 36", having a
radius of 5788.00 feet, and whose chord bears S 75° 54' 22" W, a distance of 290.57 feet to a 1 -inch iron
rod with a TxDOT aluminum cap set in the common line of the remainder of a called 4.108 acre tract of
land conveyed by deed to ERG Round Rock, LTD, as recorded in Document No. 2000001053 of the
Official Public Records Williamson County, Texas, and the remainder of said 11.06 acre tract, same being
in the east line of Lot 3 of Greenlawn Crossing Subdivision, a subdivision as recorded in Cabinet S, Slide
324-325 of the Plat Records Williamson County, Texas, and being 217.97 feet right of survey baseline
station 606+43.98, from which a 60-D nail found in a 12" hackberry tree for the south common corner of
said 4.108 acre tract and the remainder of said 11.06 acre tract bears S 06° 46' 28" E, a distance of 411.35
feet;
2) THENCE with said common line N 06° 46' 28" W, a distance of 231.96 feet to a calculated point in the
existing south right-of-way (ROW) line of Louis Henna Boulevard (a varying width ROW), same being the
north common corner of said 4.108 acre tract and the remainder of said 11.06 acre tract, also being the
northwest corner of the tract described herein;
3) THENCE leaving said common line and with the existing south ROW line of Louis Henna Boulevard, and
the north line of said 11.06 acre tract N 73° 13' 39" E, a distance of 299.40 feet to a 1 -inch iron rod found
for the common corner of said 2.00 acre tract, and said 11.06 acre tract, and being the northeast corner of
the tract described herein;
FN 17848 20081-20
Page 2 of 3
October 10, 2000
4) THENCE with the common line of said 11.06 acre tract, and said 2.00 acre tract S05°13'55"E, a distance
of 247.01 feet to the POINT OF BEGINNING, and containing 1.607 acres (70,001 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
0
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 April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 20th day of October, 2000.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Micha R. Hatcher
Regist red Professional Land Surveyor
No. 4259 - State of Texas
FN1784R 20081-20
WILLIAMISON COUNTr. TEXAS
SCALE
r—roo'
si ♦a . o
STATE HIGHWAY 45
LOUIS G IDTBLVD. ,ID.
(VARYING R.O.W.
!ORIGINAL- COUNTY ._ROAD .-T70 --
NO RECORDING DATA FOUND)
ASA THOMAS SURVEY A-6'09
N
APPROXIMATE LOCATION OF SURVEY LINE
MEMUCAN HUNT
SUR-VEY- 334
i-\
..REIMPOER CALCULATED FRW DEEDS AVASAIC AT TNS A(.
PARCEL INFORMATION BLOCK
PARCEL NO.
TANNIC ACRES
142
1.607 AC.
(70,001 S0. FT.)
DEED ACRE ACE
RSIONNDER
6.952•. AC.
5.345 AC.
3302,829 SO. FT.)
(232.828 S0. F7.)
EN75' 58'44"E7
1•FT31''.i1'39'E 299.40" EXISTING R.O.W. LINE;
SURVEY BA. 5E1
fs 3n
v 0')
ERG ROUNDROCK, LTD
REMAINDER CALLED % 4.108 ACRES W
DQC: ' N4."2 000001053
..0.P.R.•
ry•
_ Lz
al
LOT)
BLOCK A
LOT LINE
NOTES;
101 3
BLOCK A
LOT 2 BLOCK A
PISCES FOODS. L.P.,
DOC. NO. 2000040441
O.P.R.W.C.TB.
: r
BL9ppCK;A
GREEN AWN CROSSING SUBDI 15104
CA8. S, SL- 324-325
P,R.W.C,Tx.
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, MAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED 8Y 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.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH
GROUND UNDER MY DIRECTION AND SUPERVISION AND THA
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF_
ro
0
'2
1.607® ACRES.
470.0.01 SO, F7.)
CONTROL OF ACCESS LINE
PROPOSED R.O.W. LINE
606.43.98
217.97' RT
P.O.R.
60-0 NAL
M 12" HACKBERRY
CI
Ct
ft: 3'
4::
CC :
C-290.57 4'22"W
WDL INVESTMENTS, INC.
REMAINDER
CALLED 11.06 ACRES
DOC. NO. 2000001918
O.P.R.W.C.Tx.
M1CHA L R. HATCHER
REGIS ERR) PROFESSIONAL LAND SURVEYOR
NO. 4259, STATE OF TEXAS
DAT
m1
• P.O.R.
LEGEND
P.O.B.-.......
PARCEL 142
609.31. 4'------..._:_
232.86' T
'14. 1015 754.00486
E. 313 71.23878
SURVEY BASELINE
CURVE DATA
PJ Slo 608.79.45
N - 10150946.5082
E - 3139856)589
• 4* 07' 13' lLT7
D -0'/500
L - 164811'
T - 824.4/'
R - 2291829'
CB - N72'44.19'E
C • 1647.75'
PC Sla 600.55.04
PY STa 617.0315
■ TYPE I CONCRETE MONUMENT FOUND
IS TYPE B CONCRETE MONUMENT FOUND
O TYPE 'CONCRETE MONUMENT SET
• Y7" PIPE FOUND Uhl.ESS NOTED
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P.u.E. PUBLIC UTILITY EASEMENT
Oaaa.C.Ta OFFICIAL PUBLIC RECORDS WILLLVASON
COUNTY, TEXAS
OTt.W.C.T.. OFFICIAL RECORDS WI,LIAMSON COUNTY, TEXAS
P.R.W.C.1., PLAT RECORDS WLLIAMSON COUNTY. TEXAS
DR -11.F -TA. DEEO RECORDS WI.LIAMSON COUNTY, TEXAS
Ra/e.1.e.Ts. REAL PROPERTY RECORDS TRAVIS COLN7Y, TEXAS
4029 Capitalist Terns Highway. So.
INC. Bros% Oaks ProNselcr rd Plata Sit 125
Austin, Tams 78703
(612) 447-0575
Fax 16121328-3029
RIGHT-OF-WAY PLAT
SHOWING PROPERTY OF
WDL INVESTMENTS, INC.
PAGE 3 OF 3
REF. FIELD
NOTE NO. 1784R
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
1‘)
OB -20-2002'"12:46 PM 2002063302
SUSAN $19.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY' TEXAS
RETURN T0: FIRST AMERICAN TITLE
OF # 18000 5eS(p.0 b)
Exhibit A Sketch
SERVICE PLAN
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 1.607
ACRES, MORE OR LESS, OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NUMBER 314, ALSO KNOWN AS GREENLAWN AT SH45
RIGHT-OF-WAY TRACT 1, 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
EXHIBIT
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of ambulance service which is provided by Williamson
County EMS. 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)
First Responder Emergency Medical Services — To be provided immediately
upon annexation by the City of Round Rock Fire Department;
(4) Ambulance services — Provided by Williamson County EMS
(5) Solid waste collection - As no residential properties or commercial ventures
exist within the Property, service of same is not at issue;
(6) 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;;
(7)
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;
(8) 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;
(9)
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(0 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
3
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.
G. Section 43.056(h) does not apply to the City.
H. Section 43.056(i) does not apply to the City.
1. 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.
-4
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
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 93.056(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 93.056(o).
5
Exhibit A
a�
a)
L0CD LI-
D
CO
Ordinance No. A -09-05-14-8G6
Annexing 1.607 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 2009035271
E.'
05/20/2009 03:23 PM
SURRATT $100.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS