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A-02-04-25-10A7 - 4/25/2002ORDINANCE NO. n " 001:2-04'2s'-1047 01/4 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.128 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, 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 2.128 acres of land, more or less, out of the P.A. Holder Survey, Abstract No. 297, 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 ::ODNA\WORLDOX\0:\WDOX\ORDINANC\02042510.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 2'5 day of £2.9 , 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., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret 5 y EXHIBIT 'A' Page 1 of 4 DESCRIPTION FOR RUSK ROAD, A 2.128 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point on the east line of Rusk Road and the west line of Sonoma Section 3, a subdivision recorded in Cabinet T, Slides 199-201 of the Plat Records of Williamson County, Texas, said point being the most westerly southwest corner of Lot 7, Block A of said Sonoma Section 3; THENCE with the east line of said Rush Road the following six (6) courses: 1. with the west line of said Sonoma Section 3, S 00°58'41" E a distance of 304.52 feet to the southwest corner of said Sonoma Section 3 and the northwest corner of that called 40 Acre tract of land conveyed to Round Rock Independent School District by deed recorded as Document No. 9658759 in the Official Records of said county, 2. with the west line of said 40 Acre tract, S 00°58'13" E a distance of 82.09 feet to the beginning of a curve to the left, 3. continuing with the west line of said 40 Acre tract, with the arc of a curve to the left an arc distance of 426.44 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'00" and a chord which bears, S 23°28'13" W a distance of 415.56 feet to a point of tangency, 4. continuing with the west line of said 40 Acre tract, S 45°58'13" E a distance of 129.76 feet to a point of curvature to the right, 5. continuing with the west line of said 40 Acre tract, with the arc of a curve to the right an arc distance of 473.56 feet, said curve having a radius of 602.96 feet, a central angle of 45°00'00", and a chord which bears S 23°28'13" E a distance of 461.49 feet to a point of tangency, and 6. continuing with the west line of said 40 Acre tract, S 00°58'13" E a distance of 100.00 feet to the southwest corner of said 40 Acre tract; THENCE crossing said Rush Road, S 89°01'45" W a distance of 60.00 feet to a point on the west line of said Rush Road and the east line of that called 4.895 Acre tract of land conveyed to Pulte Homes of Texas by deed recorded as Document No. 2000006058 in the Official Records of said county; f EXHIBIT 'A' Page 2 of 4 THENCE with the west line of said Rush Road the following seven (7) courses: 1. with the east line of said 4.895 Acre Pulte tract, N 00°58'15" W a distance of 98.92 feet to the point of curvature to the left, for the northeast corner of said 4.895 Acre Pulte tract and the southeast corner of that called 4.895 Acre tract conveyed to Wilshire Homes, Inc., by deed recorded as Document No 2000006061 in the Official Records of said county, 2. with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the left an arc distance of 426.51 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'27", and a chord which bears, N 23°29'38" W a distance of 415.63 feet to a point of tangency, 3. continuing with the east line of said 4.895 Acre Wilshire tract, N 46°01'46" W a distance of 129.65 feet to a point of curvature to the right, 4. continuing with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the right an arc distance of 300.81 feet, said curve having a radius of 602.96 feet, a central angle of 28°35'03" and a chord which bears, N 31°42'59"W a distance of 297.70 feet to the north corner of said 4.895 Acre Wilshire tract, an angle point in the east line of Lot 20, Block B of Rolling Ridge section 2-B as recorded in Cabinet L, Slides 396-397 of the Plat Records of said county, and a non -tangent point of curvature to the right, 5. with the east line of said Rolling Ridge Section 2-B, with the arc of a curve to the right an arc distance of 194.45 feet, said curve having a radius of 666.67 feet, central angle of 16°42'41", and a chord which bears, N 09°04'22" W a distance of 193.76 feet to a point of tangency, 6. continuing with the east line of said Rolling Ridge Section 2-B, N 00°43'01" W a distance of 171.15 feet to the northeast corner of said Rolling Ridge Section 2-B and the southeast corner of Rolling Ridge Section 1-B, a subdivision recorded in Cabinet L, Slide 394 of the Plat Records of said county, and 7. with the east line of said Rolling Ridge Section 1-B, N 00°43'01" W a distance of 195.39 feet to the most northerly southeast corner of Lot 68 of Block A of said Rolling Ridge Section 1-B; • EXHIBIT 'A' Page 3 of 4 THENCE crossing said Rush Road, N 89°01'22" E a distance of 61.44 feet to the POINT OF BEGINNING and containing 2.128 Acres more or less. Bearing basis for this description is the west line of said Sonoma Section 3 which bears S 00°58'41" E. This description was produced entirely from record documentation. An on -the -ground survey was not performed. Lawrence A. Hunt, R.P.L.S. #4328 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, TX 78664 W :\PROJECTS\CORRW NNEX\doc\Tract C.doc 601-779-20 SKETCH TO ACCOMPANY DESCRIPTION r 46 ROLLING RIDGE SECTON I -B CAB. L SL. 394 P.R. W.C. T. ROLLING RIDGE SECTON 2-B CAB. L SL. 396 P.R. W.C. T. P1 67 I 68 LBLOCK A LEAH LANE -T - BLOCK B 26 I 27 L6 01 z 25 _0 JO 24 No 23 22 21 V 20 19 18 2 BLOCK A BLOCK D 47 J l 25 LEAH LANE LOCK J 7 0 N m m 2 0 N 0 0 R365467 WILSHIRE HOMES, INC. DOC# 2000006061 4.895 AC 6 5 4 SONOMA SECTION 3 CAB. T SL. 199 P.R. W.C. T. SCALE: 1” = 200' P.4. HOLDER SLJhRVr Y A-297 R372397 R.R.I.S.D. MIDDLE SCHOOL 2 DOC.# 9658759 's, 40.00 AC ;9 Q%a•. k NUMBER DELTA CHORD BEARING RADIUS ARC LENGTH CHORD LENGTH Cl 45'00'00' S 23'28'13' E 542.96 426.44 415.56 C2 45'00'00' S 23'28'13' E 602.96 473.56 461.49 C3 45'00'27' N 23'29'38' W 542,96 426.51 415.63 C4 28'35'03' N 31'42'59' W 602.96 300.81 297.70 05 16'42'41' N 09'04'22' W 666.67 194.45 193.76 NUMBER BEARING DISTANCE LI S 00'58'13' E 82.09' L2 S 00'58'13' E 100.00' L3 S 89'01'45' W 60.00' L4 N 00'58'15' W 98,92' L5 N 00'43'01' W 195.39' L6 N 89'01'22' E 61.44' ■S 00'58'41' E= BEARING BASIS SUBJECT TRACT RUSK ROAD ANNEXATION 2.128 AC EXHIBIT 'A' r r Page 4 of 4 L3 R397155 PULTE HOMES OF TEXAS, L.P. DOC# 2000006058 4.895 AC BY: C.C.W. J08 No.: 601-779-20 DATE: 8-23-01 R 3 9 7151 PULTE HOMES OF TEXAS. L.P. DOC# 2000006058 TRACT 2A 11.093 AC Baker-Alcklen do Associates, Inc. Engineers/Surveyors File: W:\PROJECTS\CORR\ANNEX\DWG\ANNEX—RUSK.DWG 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 2.128 acres of land (Rusk Road 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 county portion of Rusk Road, including right-of- way, extending northerly from the City of Round Rock city limits, 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 +-2-dZ John C. Doeer, County Judge Willi on County, Texas SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by John C. Doerfler this 62.. day of F, 2002, A.D. JANE E. TASLEH O1! rury wr,&, Stne of re,as Ay CA$2 2002n Expires --x-e- Gi . Notary Public, State of Texas EXHIBIT 'A' Page 1 of 4 DESCRIPTION FOR RUSK ROAD, A 2.128 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point on the east line of Rusk Road and the west line of Sonoma Section 3, a subdivision recorded in Cabinet T, Slides 199-201 of the Plat Records of Williamson County, Texas, said point being the most westerly southwest comer of Lot 7, Block A of said Sonoma Section 3; THENCE with the east line of said Rush Road the following six (6) courses: 1. with the west line of said Sonoma Section 3, S 00°58'41" E a distance of 304.52 feet to the southwest corner of said Sonoma Section 3 and the northwest corner of that called 40 Acre tract of land conveyed to Round Rock Independent School District by deed recorded as Document No. 9658759 in the Official Records of said county, 2. with the west line of said 40 Acre tract, S 00°58'13" E a distance of 82.09 feet to the beginning of a curve to the left, 3. continuing with the west line of said 40 Acre tract, with the arc of a curve to the left an arc distance of 426.44 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'00" and a chord which bears, S 23°28'13" W a distance of 415.56 feet to a point of tangency, 4. continuing with the west line of said 40 Acre tract, S 45°58'13" E a distance of 129.76 feet to a point of curvature to the right, 5. continuing with the west line of said 40 Acre tract, with the arc of a curve to the right an arc distance of 473.56 feet, said curve having a radius of 602.96 feet, a central angle of 45°00'00", and a chord which bears S 23°28'13" E a distance of 461.49 feet to a point of tangency, and 6. continuing with the west line of said 40 Acre tract, S 00°58'13" E a distance of 100.00 feet to the southwest comer of said 40 Acre tract; THENCE crossing said Rush Road, S 89°01'45" W a distance of 60.00 feet to a point on the west line of said Rush Road and the east line of that called 4.895 Acre tract of land conveyed to Pulte Homes of Texas by deed recorded as Document No. 2000006058 in the Official Records of said county; EXHIBIT 'A' Page 2' of 4 THENCE with the west line of said Rush Road the following seven (7) courses: 1. with the east line of said 4.895 Acre Pulte tract, N 00°58'15" W a distance of 98.92 feet to the point of curvature to the left, for the northeast corner of said 4.895 Acre Pulte tract and the southeast corner of that called 4.895 Acre tract conveyed to Wilshire Homes, Inc., by deed recorded as Document No 2000006061 in the Official Records of said county, 2. with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the left an arc distance of 426.51 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'27", and a chord which bears, N 23°29'38" W a distance of 415.63 feet to a point of tangency, 3. continuing with the east line of said 4.895 Acre Wilshire tract, N 46°01'46" W a distance of 129.65 feet to a point of curvature to the right, 4. continuing with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the right an arc distance of 300.81 feet, said curve having a radius of 602.96 feet, a central angle of 28°35'03" and a chord which bears, N 31°42'59"W a distance of 297.70 feet to the north corner of said 4.895 Acre Wilshire tract, an angle point in the east line of Lot 20, Block B of Rolling Ridge section 2-B as recorded in Cabinet L, Slides 396-397 of the Plat Records of said county, and a non -tangent point of curvature to the right, 5. with the east line of said Rolling Ridge Section 2-B, with the arc of a curve to the right an arc distance of 194.45 feet, said curve having a radius of 666.67 feet, central angle of 16°42'41", and a chord which bears, N 09°04'22" W a distance of 193.76 feet to a point of tangency, 6. continuing with the east line of said Rolling Ridge Section 2-B, N 00°43'01" W a distance of 171.15 feet to the northeast corner of said Rolling Ridge Section 2-B and the southeast corner of Rolling Ridge Section 1-B, a subdivision recorded in Cabinet L, Slide 394 of the Plat Records of said county, and 7. with the east line of said Rolling Ridge Section 1-B, N 00°43'01" W a distance of 195.39 feet to the most northerly southeast corner of Lot 68 of Block A of said Rolling Ridge Section 1-B; • EXHIBIT 'A' Page 3 of 4 THENCE crossing said Rush Road, N 89°01'22" E a distance of 61.44 feet to the POINT OF BEGINNING and containing 2.128 Acres more or less. Bearing basis for this description is the west line of said Sonoma Section 3 which bears S 00°58'41" E. This description was produced entirely from record documentation. An on -the -ground survey was not performed. Lawrence A. Hunt, R.P.L.S. #4328 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, TX 78664 W:\PROJ ECTS\CORR\ANN EX\doc\Tract C.doc 601-779-20 SKETCH TO ACCOMPANY ROLLING RIDGE SECTON I -B CAB. L SL. 394 P.P. W.C.T. ROLLING RIDGE SECTON 2-B CAB. L SL. 396 P.P. W.C. T. P1 67 I 68 1 BLOCK A J _ LEAH LANE BLOCK B 1 26 1 27 N E2f1 2 22 v 21 V 20 19 j 18 I 46 BLOCK A BLOCK D 47J (25 N LEAH LANE $ LOCK J m 7 ' I 6 m 2 o— A u, 3 F24 r DESCRIPTION SONOMA SECTION 3 CAB. T SL. 199 P.R. W.C. T. SCALE: 1" = 200' J.4. HOE DER SURVEY A-297 R3 7239 7 R.R.I.S.D. MIDDLE SCHOOL 2 DOC.# 9658759 40.00 AC SUBJECT TRACT RUSK ROAD ANNEXATION 2.126 AC R365467 WILSHIRE HOMES, INC. DOC# 2000006061 4.895 AC k NUMBER DELTA CHORD BEARING RADIUS ARC LENGTH CHORD LENGTH CI 45.00'00' S 23'28'13' E 542.96 426.44 415.56 C2 45.00'00' S 23'28'13' E 602.96 473.56 461.49 C3 45'00'27' N 23'29'38' W 542.96 426.51 415.63 C4 28'35'03' N 31'42'59' W 602.96 300.81 297.70 C5 16.42'41' N 09'04'22' W 666.67 194.45 193.76 NUMBER BEARING DISTANCE LI S 00'58'13' E 82.09' 1.2 S 00.58'13' E 100.00' L3 S 89'01'45' W 60.00' L4 N 00.58'15' W 98.92' L5 N 00'43'01' W 195.39' L6 N 89'01'22' E 61.44' ■S 00'58'41' E= BEARING BASIS 0 r r R397155 PULTE HOMES OF TEXAS, L.P. DOC# 2000006058 4.895 AC BY: C.C.W. JOB No.: 601-779-20 DATE: 8-23-01 EXHIBIT 'A' Page 4 of 4 P397151 PULTE HOMES OF TEXAS, L.P. DOC# 2000006058 TRACT 2A 11.093 AC L94 Baker-Alcklen & Associates, Inc. Engineers/Surveyors File: W:\PROJECTS\CORR\ANNEX\DWG\ANNEX—RUSK.DWG DATE: April 19, 2002 SUBJECT: City Council Meeting — April 25, 2002 ITEM: *10.A.7. Consider an ordinance annexing 2.128 acres of land, more or less, out of the P.A. Holder Survey, A-297 in Williamson County, Texas. (Rusk Road RO09 (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 street 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 to include Rusk Road 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 2002037671 17 r g s 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- 25-10A7. 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 i7 ORDINANCE NO. A" ©d'Dy-07J' /0/17 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.128 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, 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 2.128 acres of land, more or less, out of the P.A. Holder Survey, Abstract No. 297, 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 ::ODMA\WORLDOX\O:\WDOX\ORDINANC\020425A7. 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 a5 day of 1����% 1a , 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 T A. STLUKA, JR., Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret 5 y EXHIBIT 'A' Page 1 of 4 DESCRIPTION FOR RUSK ROAD, A 2.128 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point on the east line of Rusk Road and the west line of Sonoma Section 3, a subdivision recorded in Cabinet T, Slides 199-201 of the Plat Records of Williamson County, Texas, said point being the most westerly southwest corner of Lot 7, Block A of said Sonoma Section 3; THENCE with the east line of said Rush Road the following six (6) courses: 1. with the west line of said Sonoma Section 3, S 00°58'41" E a distance of 304.52 feet to the southwest comer of said Sonoma Section 3 and the northwest comer of that called 40 Acre tract of land conveyed to Round Rock Independent School District by deed recorded as Document No. 9658759 in the Official Records of said county, 2. with the west line of said 40 Acre tract, S 00°58'13" E a distance of 82.09 feet to the beginning of a curve to the left, 3. continuing with the west line of said 40 Acre tract, with the arc of a curve to the left an arc distance of 426.44 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'00" and a chord which bears, S 23°28'13" W a distance of 415.56 feet to a point of tangency, 4. continuing with the west line of said 40 Acre tract, S 45°58'13" E a distance of 129.76 feet to a point of curvature to the right, 5. continuing with the west line of said 40 Acre tract, with the arc of a curve to the right an arc distance of 473.56 feet, said curve having a radius of 602.96 feet, a central angle of 45°00'00", and a chord which bears S 23°28'13" E a distance of 461.49 feet to a point of tangency, and 6. continuing with the west line of said 40 Acre tract, S 00°58'13" E a distance of 100.00 feet to the southwest corner of said 40 Acre tract; THENCE crossing said Rush Road, S 89°01'45" W a distance of 60.00 feet to a point on the west line of said Rush Road and the east line of that called 4.895 Acre tract of land conveyed to Pulte Homes of Texas by deed recorded as Document No. 2000006058 in the Official Records of said county; C EXHIBIT 'A' Page 2 of 4 THENCE with the west line of said Rush Road the following seven (7) courses: 1. with the east line of said 4.895 Acre Pulte tract, N 00°58'15" W a distance of 98.92 feet to the point of curvature to the left, for the northeast comer of said 4.895 Acre Pulte tract and the southeast corner of that called 4.895 Acre tract conveyed to Wilshire Homes, Inc., by deed recorded as Document No 2000006061 in the Official Records of said county, 2. with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the left an arc distance of 426.51 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'27", and a chord which bears, N 23°29'38" W a distance of 415.63 feet to a point of tangency, 3. continuing with the east line of said 4.895 Acre Wilshire tract, N 46°01'46" W a distance of 129.65 feet to a point of curvature to the right, 4. continuing with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the right an arc distance of 300.81 feet, said curve having a radius of 602.96 feet, a central angle of 28°35'03" and a chord which bears, N 31°42'59"W a distance of 297.70 feet to the north comer of said 4.895 Acre Wilshire tract, an angle point in the east line of Lot 20, Block B of Rolling Ridge section 2-B as recorded in Cabinet L, Slides 396-397 of the Plat Records of said county, and a non -tangent point of curvature to the right, 5. with the east line of said Rolling Ridge Section 2-B, with the arc of a curve to the right an arc distance of 194.45 feet, said curve having a radius of 666.67 feet, central angle of 16°42'41", and a chord which bears, N 09°04'22" W a distance of 193.76 feet to a point of tangency, 6. continuing with the east line of said Rolling Ridge Section 2-B, N 00°43'01" W a distance of 171.15 feet to the northeast corner of said Rolling Ridge Section 2-B and the southeast corner of Rolling Ridge Section 1-B, a subdivision recorded in Cabinet L, Slide 394 of the Plat Records of said county, and 7. with the east line of said Rolling Ridge Section 1-13, N 00°43'01" W a distance of 195.39 feet to the most northerly southeast corner of Lot 68 of Block A of said Rolling Ridge Section 1-B; EXHIBIT 'A' Page 3 of 4 THENCE crossing said Rush Road, N 89°01'22" E a distance of 61.44 feet to the POINT OF BEGINNING and containing 2.128 Acres more or less. Bearing basis for this description is the west line of said Sonoma Section 3 which bears S 00°58'41" E. This description was produced entirely from record documentation. An on -the -ground survey was not performed. Lawrence A. Hunt, R.P.L.S. #4328 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, TX 78664 W:\PROJECTS\CORR\ANNEX\doc\Tract C.doc 601-779-20 SKETCH TO ACCOMPANY DESCRIPTION ROLLING RIDGE SECTON 1-8 CAB. L SL. 394 P.R. W.C. T. ROLLING RIDGE SECTON 2-8 CAB. L SL. 396 P.R. W.C. T. 67I 68 LBLOCK A LEAH LANE BLOCK B 26 1 27 N i25 _ J e 0 24 No H:-1 21 \. — - 20 19 j 18 J 6 24 46 C BLOCK A I BLOCK D 47 J L25 N LEAH LANE N 1 «LOCK J m 1 m 2 w 0 6 N 3 4 SONOMA SECTION 3 CAB. T SL. /99 P.R. W.C. T. SCALE: 1" = 200' P.A. HO" DER SURVEY A-297 0 R372397 R.R.I.S.D. MIDDLE SCHOOL 2 DOC.# 9658759 40.00 AC 4' 9Co 9 4 0'6' YCs R365467 WILSHIRE HOMES, INC. DOC# 2000006061 4.895 AC 0 NUMBER DELTA CHORD BEARING RADIUS ARC LENGTH CHORD LENGTH 0 45'00'00' S 23'28'13' E 542.96 426.44 415.56 C2 45'00'00' S 23'28'13' E 602.96 47356 461.49 C3 45'00'27' N 23'29'38' W 542.96 426.51 415.63 C4 28'35'03' N 31'42'59' W 602.96 300.81 297.70 C5 16'42'41' N 09'04'22' W 666.67 194.45 193.76 NUMBER BEARING DISTANCE LI S 00'58'13' E 82.09' L2 S 00'58'13' E 100.00' L3 S 89'01'45' W 60.00' L4 N 00'58'15' W 98.92' L5 N 00'43'01' W 195.39' L6 N 89'01'22' E 61.44' AS 00'58'41' E= BEARING BASIS r R397155 PULTE HOMES OF TEXAS, L.P. DOC# 2000006058 4.895 AC SUBJECT TRACT RUSK ROAD ANNEXATION 2.12B AC RECORDERS MEMORANDUM All or parts of the text on this page was ne clearly legible for satisfactory recordation r4 L3 BY: C.C.W. JOB No.: 601-779-20 DATE: 8-23-01 r EXHIBIT 'A' Page 4 of 4 R397151 PULTE HOMES OF TEXAS, L.P. DOC# 2000006058 TRACT 2A 11.093 AC 13'‘i Baker-Alcklen & Associates, Inc. Engineers/Surveyors File: W:\PROJECTS\CORR\ANNEX\DWG\ANNEX—RUSK.DWG 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 2.128 acres of land (Rusk Road 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 county portion of Rusk Road, including right-of- way, extending northerly from the City of Round Rock city limits, 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 A, 1-2-6Z John C. Doerfler, County Judge Willion County, Texas SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by John C. Doerfler this a2 day of Opi.;..fr , 2002, A.D. 4P_, O PoB ry, sr Mb is JANE E. TABLEROU _Il— tNotary NMSbaeotmas *Commission Evv¢ Aprl202002 A)j 6 Notary Public, State of Texas EXHIBIT 'A' Page 1 of 4 DESCRIPTION FOR RUSK ROAD, A 2.128 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point on the east line of Rusk Road and the west line of Sonoma Section 3, a subdivision recorded in Cabinet T, Slides 199-201 of the Plat Records of Williamson County, Texas, said point being the most westerly southwest corner of Lot 7, Block A of said Sonoma Section 3; THENCE with the east line of said Rush Road the following six (6) courses: 1. with the west line of said Sonoma Section 3, S 00°58'41" E a distance of 304.52 feet to the southwest comer of said Sonoma Section 3 and the northwest comer of that called 40 Acre tract of land conveyed to Round Rock Independent School District by deed recorded as Document No. 9658759 in the Official Records of said county, 2. with the west line of said 40 Acre tract, S 00°58'13" E a distance of 82.09 feet to the beginning of a curve to the left, 3. continuing with the west line of said 40 Acre tract, with the arc of a curve to the left an arc distance of 426.44 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'00" and a chord which bears, S 23°28'13" W a distance of 415.56 feet to a point of tangency, 4. continuing with the west line of said 40 Acre tract, S 45°58'13" E a distance of 129.76 feet to a point of curvature to the right, 5. continuing with the west line of said 40 Acre tract, with the arc of a curve to the right an arc distance of 473.56 feet, said curve having a radius of 602.96 feet, a central angle of 45°00'00", and a chord which bears S 23°28'13" E a distance of 461.49 feet to a point of tangency, and 6. continuing with the west line of said 40 Acre tract, S 00°58'13" E a distance of 100.00 feet to the southwest corner of said 40 Acre tract; THENCE crossing said Rush Road, S 89°01'45" W a distance of 60.00 feet to a point on the west line of said Rush Road and the east line of that called 4.895 Acre tract of land conveyed to Pulte Homes of Texas by deed recorded as Document No. 2000006058 in the Official Records of said county; EXHIBIT `A' Page 2 of 4 THENCE with the west line of said Rush Road the following seven (7) courses: 1. with the east line of said 4.895 Acre Pulte tract, N 00°58'15" W a distance of 98.92 feet to the point of curvature to the left, for the northeast corner of said 4.895 Acre Pulte tract and the southeast comer of that called 4.895 Acre tract conveyed to Wilshire Homes, Inc., by deed recorded as Document No 2000006061 in the Official Records of said county, 2. with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the left an arc distance of 426.51 feet, said curve having a radius of 542.96 feet, a central angle of 45°00'27", and a chord which bears, N 23°29'38" W a distance of 415.63 feet to a point of tangency, 3. continuing with the east line of said 4.895 Acre Wilshire tract, N 46°01'46" W a distance of 129.65 feet to a point of curvature to the right, 4. continuing with the east line of said 4.895 Acre Wilshire tract, with the arc of a curve to the right an arc distance of 300.81 feet, said curve having a radius of 602.96 feet, a central angle of 28°35'03" and a chord which bears, N 31°42'59"W a distance of 297.70 feet to the north corner of said 4.895 Acre Wilshire tract, an angle point in the east line of Lot 20, Block B of Rolling Ridge section 2-B as recorded in Cabinet L, Slides 396-397 of the Plat Records of said county, and a non -tangent point of curvature to the right, 5. with the east line of said Rolling Ridge Section 2-B, with the arc of a curve to the right an arc distance of 194.45 feet, said curve having a radius of 666.67 feet, central angle of 16°42'41", and a chord which bears, N 09°04'22" W a distance of 193.76 feet to a point of tangency, 6. continuing with the east line of said Rolling Ridge Section 2-B, N 00°43'01" W a distance of 171.15 feet to the northeast corner of said Rolling Ridge Section 2-B and the southeast corner of Rolling Ridge Section 1-B, a subdivision recorded in Cabinet L, Slide 394 of the Plat Records of said county, and 7. with the east line of said Rolling Ridge Section 1-B, N 00°43'01" W a distance of 195.39 feet to the most northerly southeast corner of Lot 68 of Block A of said Rolling Ridge Section 1-B; EXHIBIT 'A' Page 3 of 4 THENCE crossing said Rush Road, N 89°01'22" E a distance of 61.44 feet to the POINT OF BEGINNING and containing 2.128 Acres more or less. Bearing basis for this description is the west line of said Sonoma Section 3 which bears S 00°58'41" E. This description was produced entirely from record documentation. An on -the -ground survey was not performed. Lawrence A. Hunt, R.P.L.S. #4328 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, TX 78664 W:\PROJECTS\CORR\ANNEX\doc\Tract C.doc 601-779-20 SKETCH TO ACCOMPANY DESCRIPTION ROLLING RIDGE SECTON I-8 CAB. L SL. 394 P.R.W.C.T. ROLLING RIDGE SECTON 2-B CAB. L SL. 396 P.R.W.C.T. I 67 I 68 1 BLOCK A LEAH LANE BLOCK B 26 I 27 L6 z 25 O — —JA 24 No 1 23 22 k_ — — — 21 V-- 20 \--19 j V- 18 L _ _ J 24 46 C BLOCK A (BLOCK D 47J 125 m LEAH LANE $ 1 n LOCK J u 7 m H m 2 o A 6 24 SONOMA SECTION 3 CAB. T SL. 199 P.R.W.C.T. SCALE: 1" = 200' P.A. HOLDER SURVEY AJ297 0 0 R372397 R.R.I.S.D. MIDDLE SCHOOL 2 DOC.# 9658759 40.00 AC R365467 WILSHIRE HOMES, INC. DOC# 2000006061 4.895 AC 0 NUMBER DELTA CHORD BEARING RADIUS ARC LENGTH CHORD LENGTH CI 45'00100' S 23'28'13' E 542.96 426.44 415.56 C2 45'00'00' S 23'28'13' E 602.96 473.56 461.49 C3 45'00'27' N 23'29'38' W 542.96 426.51 415.63 C4 28'35'03' N 31'42'59' W 602.96 300.81 297.70 C5 16'42'41' N 09'04'22' W 666.67 194.45 193.76 NUMBER BEARING DISTANCE LI S 00'58'13' E 82.09' L2 S 00.58'13' E 100.00' L3 S 89'01'45' W 60.00' L4 N 00'58'15' W 98.92' L5 N 00'43'01' W 195.39' L6 N 89'01'22' E 61.44' ■S 00'58'41' E= BEARING BASIS r rr L3 R397I55 PUL TE HOMES OF TEXAS, L.P. DOC# 2000006058 4.895 AC BY: C.C.W. JOB No.: 601-779-20 DATE: 8-23-01 SUBJECT TRACT RUSK ROAD ANNEXATION 2.128 AC RECORDERS MEMORANDUN All or parts of the text on this page was no clearly legible for satisfactory recordation r EXHIBIT 'A' Page 4 of 4 R397151 PULTE HOMES OF TEXAS, L.P. DOC# 2000006058 TRACT 2A 1L093 AC Baker-Aickien & Associates, Inc. Engineers/Surveyors File: W:\PROJECTS\CORR\ANNEX\DWG\ANNEX—RUSK.DWG FILED AND RECORDED OFFICIAL PUBLIC RECORDS 05-17-200" 01:32 PM 2002037671 ANDERSON $41.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS PAcua lU.kvruto.� CITY OF ROUND ROCK P7ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 A-oa-o4-a51- )0 'I