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A-02-04-25-10A3 - 4/25/2002ORDINANCE NO. T7- Vo(- Dy �5- /0E3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.617 ACRES OF LAND, MORE OR LESS, OUT OF THE J.M HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 0.617 acres of land, more or less, out of the J.M. Harrell Survey, Abstract No. 284, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and ::00MA\WORLDOX\0:\WDOX\ORDINANC\020425A3.WPD/sc WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other 2 citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VII. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VIII. That this Ordinance shall become effective after its passage. IX. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. 3 X. 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. XI. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which 4 this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this raJ day of opAAL , 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. ROB A. STLUKA, JR.Y Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret 5 y EXHIBIT 'A' Page 1 of 2 all of that oertain'traot or parcel of land out Of the 4.111. Harrell .' Survey, Abstract No. 24140im Williamson County, Texas, being thatft certain tract ot'land as'oonveyed to'Nobert"S. Barclay by Med recorded In Yolune 594, P e 202, of the Deed'Neoords of Villiasson County, Texas, auto tract of lannf being more particularly,desaribed by metes and bounds as follows ,, bEGINNINO at an iron'Dipo Lound at the Soutbwest`oorner of the said Barclay tract, being in the North r. o. w. line of PM Hwy. No. 1325, for the Southwest corner and PLACE'OP BEGINNING hereof; THENCE along the Vest line of the said Barclay tract, as found fenced and used upon the ground, N 1b 0' V for a distance of 210.60 feet to an iron pin found at the Northwest corner of the said Barclay tract for the Northwest corner hereof; THENCE along the North line of the said Barclay tract, as found fenced and used upon the ground, N 66° 45' t for a distance of 130 feet to an Iron pin set at the northeast corner of the said Barclay tract, for the Northeast corner thereof; THENCE along the East line of the said Barclay tract, as found fenced and used upon the ground, S 1e 0' E for a distance of 210.60 feet to un iron pin found at tae Southeast corner of the said Barclay Tract, being in the North r. o. w. line of FM Nwy. No. 1325, for the Southeast corner hereof; THENCE along the South line of the Said Barclay tract, being the North r. o. u. line of FM Hwy. 1325, S 06 45' V for a distance of 130 feet to the PLACE OF BEGINNING and containing 0.617 acres of land, more or less. • ----FILED-AND RRCDRDED OFFICIAL PUBLIC RECORDS hiaror6 C 07-08-1999 02:41 PM 199945868 NANCY E.MRISTERS'C�TY CLERK WILLIAMSON COUNTY, TEXAS RROORDSRS MENORI NDM Nl er pans & Oc tad on dile pant was not =dearly legible far satisfactory rrcadaeat EXHIBIT 'A' Page 2 of 2 EXHIBIT B PROVISION OF SERVICES PLAN Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED April 25, 2002 0.617 acres of land (State Hwy 45 ROW) The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Not applicable: this is a roadway segment. Not applicable: this is a roadway segment. Provided immediately upon annexation. Provided immediately upon annexation. There are none. None are required. ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owner of the hereinafter -described tract of land, which is vacant and without residents, hereby petitions your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: Being all of that certain State Highway (SH) 45 right-of-way, being 0.617 acres of land, more or less, out of the J. M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, and being more particularly described in the field notes and sketch attached hereto as Exhibit "A". I hereby certify, under oath, that: (1) WILLIAMSON COUNTY, TEXAS IS THE TRUE AND ONLY OWNER OF THE ABOVE DESCRIBED TRACT OF LAND, and (2) The above-described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. STATE OF TEXAS COUNTY OF WILLIAMSON } 1 "2-6 John C. D rfler, County Judge Will son County, Texas SUBSCRIBED AND SWQRN TO ME BEFORE, a notary public, by John C. Doerfler this d day of /teak- , 2002, A.D. ?��NY WEB �b \o$ JANE E. TABLERIOU Notary RAit stale of Tens ny Cumm69m bales M+2S. znn Notary Public, State of Texas EXHIBIT 'A' Page 1 of 2 IV All of that eartain'trect *flares' or land out of the 4N. .''Harrell •$ Survey, Abstract No. 20401atMilliansen Counts. Texas. being that " t certain tract of"lead es'eoaeyed to'Nobsrt'3. Barclay by Heed recorded in Volume 594, t!afe 202, Of the Deedileow�ds of Milltanson County, Texas, satfolract of la nf being son particularly, described by metas and bounds bEOINNINO at an Irea''olpi found at the Seuthvsattoornsr of the said Barclay tract. being in the Borth r. e. w. line of FM Hwy. No. 1325, for the Southwest corner and FLACZ'OF RtaINNIsa hereof; THENCE along the West line of She said Sarelay treat, as found fenced and used upon the ground, ■ lb 0' M for a distance of 210.60 feet to an iron pin found at the Northwest corner of the 1414 Bartley tract for the Northwest corner hereof; THENCE along the North line of the said Barclay trent, as found fenced and used upon the ground, N 116° 45' 5 for • distance of 130 feet to an iron pin set at the Northeast corner of the said Barclay tract, for the Northeast corner thereof; THbNCE along the East line of Abe said Barclay tract, as found fenced and used upon the ground, S 14 0' E for a distance of 210.60 feet to an iron pin found at the Southeast corner of the said Barclay Tract, besng in the North r. o. v. line of FM Hwy. No. 1325, for the Southeast corner hereof; THENCE along the South line of the Raid Barclay tract, being the North r. 0. u. line of FM Hwy. 1325, 3 86 45' M for a distance of 130 feet to the PLACE OF BEGINNING and containing 0.617 sores of land, nor° or less. t "FIIIII O PECOROEO OFFICIAL PUBLIC RECORDS 07-08-1999 02:41 PM 199945868 NANCY E.MRISTER 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS RBOpRDERS MEMORANDUM All orlon oftb teedanddepietwnot ^kaSy legible forsdshnoty,Boadrlan. ^r Z ;o Z abed 4V, IIHIHXJ DATE: April 19, 2002 SUBJECT: City Council Meeting — April 25, 2002 ITEM: * 10.A.3. Consider an ordinance annexing 0.617 acres of lana more or less, out of the J. ML Harrell Survey, A-284 in Williamson County, Teras (State Highway 45 RO19 (First Reading) Resource: Joe Vining, Planning Director History: This roadway segment currently lies outside of the Round Rock city limits. This is an annexation of a particular parcel of land for State Highway 45 right of way needed for future traffic control. A petition for voluntary annexation has been submitted by Williamson County. A copy of the annexation service plan is attached. Funding Cost: N/A Source of Funds: N/A Outside Resources: None Impact: Fire and Police. Benefit: Increase city limit boundaries along State Highway 45 in order to provide municipal police and fire service. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government Code. Sponsor: Planning and Community Development Department RECORDED DOCUMENT FOLLOWS 002037046 13 p9S THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, 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 -02-04- 25-10A3. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 25th day of April 2002 as recorded in the minutes of the City of Round Rock Book 47. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of May 2002. CHRISTINE R. MARTINEZ, City Secretary i3 ORDINANCE NO. T7- Oa- 0 a5- 10E3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.617 ACRES OF LAND, MORE OR LESS, OUT OF THE J.M HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 0.617 acres of land, more or less, out of the J.M. Harrell Survey, Abstract No. 284, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and ::0O"A\WORLDOX\0:\WOOX\ORDINANC\020425A3.WPD/SC WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against 1 the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other 2 citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VII. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VIII. That this Ordinance shall become effective after its passage. IX. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. 3 X. 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. XI. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which 4 this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed Lwwith. READ, PASSED, and ADOPTED on first reading this d1tday of 4 , 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. ATTEST: Oiktuku e ROB A. STLUKA, JR. y Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 5 y .Jr EXHIBIT 'A' Page 1 of 2 iii:; tit! )..t1 :x^ '.t All of that aertain'tnct aflame! of land out of the J.'01.HHarrell .' Survey, Abstract No. 28e01n.Millianson County, Texas, being that ^ certain tract offload as'soovsysd ter Bobert'S. Barclay by Med recorded in Volume 591. Palle 202, of the Deed'Bsoords of Williamson County, Texas, 3.10 tract of la nff bsing more particularly described by metes and bounds as follows: bEOINNINO at an iroa?plpi Sound at the Southwest'eorner of the said Barclay tract, being in the North r. o. w. line of FM Hwy. No. 1325, for the Southwest corner and PLACZ'OF BEGINNING hereof; THENCE along the Vest line of Abs said Barclay tract, as found fenced and used upon the ground, ■ 11 0' V for a distance of 210.60 feet 10 an iron pin found at the Northwest corner of the said Barclay tract for the Northwest corner hereof; THENCE along the North lies of the said Barclay tract, as found fenced and used upon the ground, N 86° 115' t for a distance of 130 fest co an Iron pin set at the Northeast Boner of the said Barclay tract, for the Northeast corner thereof; THENCE along the East line of She said Barclay tract, as found fenced and used upon the ground, S 14 0' E for a distane. of 210.60 feet to an iron pin found at the Southeast corner of the said Barclay Tract, being In the North r. o. v. line of FM Hwy. No. 1325, for the Southeaat corner hereof; THENCE along the South lin. of the gaidd Barclay tract, being the North r. o. v. line of FM Hwy. 1325, 3 86 15' M for a distances of 130 feet to the PLACE OF BEGINNING and containing 0.617 sorsa of land, more or less. r----FILED-AND RECORDED OFFICIAL PUBLIC RECORDS Aione, C 07-08-1999 02:41 PM 199945868 MILLER $15.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS RECORDERS MEMORANDUM All or pans of the tat on the page was not clearly legible fear setlefeetety recordation. itE00RDlE RS MEMORANDUM All cc ports cabs text onthis newts not *any legiblefor ssdifacetry teco'tla8°a EXHIBIT `A' Page 2 of 2 EXHIBTr B PROVISION OF SERVICES PLAN Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED April 25, 2002 0.617 acres of land (State Hwy 45 ROW) The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Not applicable: segment. Not applicable: segment. this is a roadway this is a roadway Provided immediately upon annexation. Provided immediately upon annexation. There are none. None are required. ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owner of the hereinafter -described tract of land, which is vacant and without residents, hereby petitions your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: Being all of that certain State Highway (SH) 45 right-of-way, being 0.617 acres of land, more or less, out of the J. M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, and being more particularly described in the field notes and sketch attached hereto as Exhibit "A". I hereby certify, under oath, that: (1) WILLIAMSON COUNTY, TEXAS IS THE TRUE AND ONLY OWNER OF THE ABOVE DESCRIBED TRACT OF LAND, and (2) The above-described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. »"Lt STATE OF TEXAS COUNTY OF WILLIAMSON John C. D Will 4 -2-a 2 rfler, County Judge son County, Texas SUBSCRIBED AND SW RN TO ME BEFORE, a notary public, by John C. Doerfler this C2, ^ cl day of 2002, A.D. FAS. , \a-' JANE E. TABLEAlOU '1 ) ( i'1Wary SSbbMTe,z Mi camnasbn Espies Apn729, 2002 Notary Public, State of Texas EXHIBIT 'A' a, Page 1 of 2 A11 of that oertaib'tnet or banal of land out of the 4.'N. Harrell .% Survey, Abstract No. 211,;1a1Wi111ameon *minty, Texas, being that Jr.c r certain tot Grimm! as •conveyed to' lobert'S. Barclay by Med mooned in volume 591. Pate 202. of the Need'Heoords of Williamson County, Texas, sato tract of la being non particularly3&monbed by metes and bounds ' as follows; ' ,, 6EOINNINO at as iron pipe found at the Soatbwest`oornsr of the said Barclay trset. being In the North r. e. w. line of PN Hwy. No. 1325, Tor the Southwest corner and PLACZ'0? BEOINNINO hereof; TRUCE the West line of She said Barolay tract, as found fenced • and used upon the ground, N 11 0' N for a distance of 210.60 feet so an Iron pin found at the Northwest asner of the said Barclay tract for the Northwest corner Borst; THENCE along the North line of the said Barclay tract, as found fancied and used upon the ground, N 060 15' Z for a distance of 130 feet to an Iron pin set at the Northeast corner of the said Barclay tract, for the Northeast corner thereof; THENCE along the East line of She said Barclay tract, es found fenced and used upon the ground, S 11 0' E for a distance of 210.60 feet to an iron pin found at the Southeast Boner of the said Barclay Tract, beans In the Borth r. o. v. line of PH Hwy. No. 1325, for this Southeast corner hereof; THENCE along the South line of the staid Barclay tract, being the North r. o. v. line or PN Hwy. 1325. $ 06 15' W for a distance 0f 130 feet to the PLACE Of BEOINNINO and containing 0.617 sores of land, more or less. '----FILED-AND EOROED OFFICIAL PUBLIC RECORO3 Aiaete. C 07-08-1999 02:41 PM 199945869 5.00 NANCY E.MRISTERS1iTY CLERK WILLIAMSON COUNTY. TEXAS RECORDERS MEMORANDUM All or parts of the text on this page was not lady kgibk for satisfactory recordation. WICORDBUMEMORANDUI4 Aga pets attic eat ondamns twee :featlylegible for sideman, recordation. EXHIBIT 'A' Page 2 of 2 FILED RND RECORDED OFFICIAL PUBLIC RECORDS 05-16-2002 08:47 AM 2002037046 NANCY E. ANDERSON $COUNTY CLERK WILLIAMSON COUNTY' TEXAS A-002 -04- a5-toti3 Pbaa nauaru7.�t CITY OF ROUND ROCK C ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664