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A-03-06-26-10B4 - 6/26/2003ORDINANCE NO. A -fl -O&2 -1Q/3'y AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 47.413 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 FUTURE 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 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 47.413 acres out of the Willis Donaho Survey, Abstract No. 173, in Williamson County (the "Property"), more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/030626B4. WPO/sc 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 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 future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other 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. 2 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. 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. 3 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 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. ±11 READ, PASSED, and ADOPTED on first reading this _ day , 2003. Alternative 2. READ and APPROVED on first reading this the day of , 2003. READ, APPROVED and ADOPTED on second reading this the __day of ST: , 2003. WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secrefrfary 4 • FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, 'Nx. 78626 DESCRIPTION FOR T.R.J. NELSON PAMtNERSHIP ROUND ROCK SOCCER'ASSO.' BEING 47.413 acres of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas; part of the 47.46 acre First Tract which is described 1n a deed to T.R. 3. Nelson Partnership, recorded in Document 9610394, Official Records of Williamson County, Texas. Surveyed on the ground in May of 1999, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at an iron pin which was found in a fence, at the Southwest corner of the said 47.46 acre First Tract. THENCE, with the West line of the said 47.46 acre tract, N 00 deg. W (North) 2316.89 feet to an iron pin set. THENCE w7.th the South line of Couinty Road 113, N 90 deg. E (East) 686.30 feet to an iron pin found at the Northwest fence corner of a tract owned by Mrs. E.E. Johnson and described in vol. 347, Pg. 581. THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W 313.57 feet to an iron pin set; and N 89 deg. 21 min. 22 sec. E 238.83 feet to an iron pin found. THENCE with the West line of County Road 122, S 00 deg, 00 min. 52 sec. W 2003.95 feet to a steel cotton spindle set. THENCE finding iron pipes as follows; S 89 deg. 50 min. W 150.00 feet; S 89 deg. 55 min. 41 sec. W 299.89 feet; S 89 deg. 50 min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to the POINT OF BEGINNING. -- STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS; I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon and is correct and that there are no significant boundary line conflicts; shortages in area, apparent protrusions, intrusions or overlapping of improvements, utility lines or roads, except as shown on the attached plat, and that said property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown:. 4.7 }a. ..'/ ' �,� Texas, thisedgy 1999, A.D. File: wp21:RRSI► /.4.71t.0.4.!?' -'f' • NM.r. FOREST JR. •••tea. ...Is WP ISTEREDPROPESSI AL LAND SURVEYOR NO. 1847 i't a4 s %; • EXHIBIT "A"Vfilgvim Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN May 23, 2003 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 47.413 acres of land (Old Settlers Park Tract A) (City of Round Rock) 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: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. Date: Subject: Item: June 20, 2003 City Council Meeting - June 26, 2003 10. B.4. Consider an ordinance annexing 47.413 acres out of the Willis Donaho Survey. (Old Settlers Park Tract A) (First Reading) Resource: Joe Vining, Planning Director History: This tract lies south of Kiphen Road a.k.a. as County Road 113 and west of County Road 122. The purpose of this annexation is to establish city services, police and fire for the extension of Old Settlers Park. A copy of the annexation service plan is attached. Funding: Cost: Source of Funds: Outside Resources: Impact/Benefit: Public Comment: Sponsor: Provision of city services. General Fund None (city owned property) Increase in availability of parkland use. None required for annexation in accordance with the Section 43.028 of the Texas Local Government. Planning and Community Development Department RECORDED DOCUMENT FOLLOWS 2003064455 9 rigs 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 -03-06- 26-10B4 which annexes 47.413 acres of land out of the Willis Donaho Survey (Old Settlers Park Tract A). The ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a regular meeting held on the 26th day of June 2003, and recorded in the Official Minutes Book No. 48. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 9th day of July 2003. ci!�i -1170- .-Thr CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. A- (13-06(0 -140611 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 47.413 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 FUTURE 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 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 47.413 acres out of the Willis Donaho Survey, Abstract No. 173, in Williamson County (the "Property"), more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: @PFCesktop\::OOMv/W0RLW%/0:/WW%/OROINANC/03062604.G1PO/sc 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 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 future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other 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. 2 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. X. sentence, phrase, or word of this invalid or unconstitutional or if incapable of being annexed by the the adjudication shall not affect If any section, subsection, Ordinance be found to be illegal, any portion of said property is City, for any reason whatsoever, 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. 3 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 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 O(19 day , 2003. Alternative 2. READ and APPROVED on first reading this the day of , 2003. READ, APPROVED and ADOPTED on second reading this the ___ day of ST: , 2003. WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre,Qary 4 • FOREST SURVEYING AND MAPPING CO. 1002 Ash St. Georgetown, '•Tx, 78626 DESCRIPTION FOR T.R.J: NELSON PARTNERSHIP ROUND ROCK, SOCCER ASSO. BEING 47.413 acres of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas; part of the 47,46 acre First Tract which is described in a deed to T.A. J. Nelson Partnership, recorded in Document 9610394, Official Records of Williamson County, Texas. Surveyed on the ground in May of 1999, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at an iron pin which was found in a fence, at the Southwest corner of the said 47.46 acre First Tract. THENCE, with the West line of the said 47.46 acre tract, N 00 deg. W (North) 2316.89 feet to an iron pin set. THENCE with the South line of Couinty Road 113, N 90 deg. E (East) 686.30 feet to an iron pin found at the Northwest fence corner of a tract owned by Mrs. E.E. Johnson and described in vol. 347, Pg. 581. THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W 313.57 feet to an iron pin sett and N 89 deg. 21 min. 22 sec. E 238.83 Peet to an iron pin found. THENCE with the West line of County Road 122, 3 00 deg, 00 min. 52 sec. W 2003.95 feet to a steel cotton spindle set. THENCE finding iron pipes as follows; 8 89 deg. 50 min. W 150.00 feet; S 89 deg. 55 min. 41 sec. W 299 89 feet; S 89 deg. 50 min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WILLIAMSON • • YJIGW ALL MEN BY THESE PRESENTS; 1, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon and is correct and that there are no significant boundary line conflicts; shortages in area, apparent protrusions, intrusions or overlapping of improvements, utility lines or roads, except as shown on the attached plat, and that said property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetow:fM,;.+1a•4••..r ' Texas, this t e 10TH day of May, 1999, A.D. File: wp21:RRS19 'e,�7q~f'''�� �' j1 , 'Si.•y 0 CI ISTERED,PROFESSI AL LAND SURVEYOR NO. 1847 1s,• -t t•� �`�re4:vim MINT "A" Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN May 23, 2003 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 47.413 acres of land (Old Settlers Park Tract A) (City of Round Rock) 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: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. ILLJ nIrL) RLUURULU OFFICIAL PUBLIC RECORDS i sttA 07-09-2003 01:11 PM 2003064455 ANDERSON $25.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY: TEXAS {lease 12e+urn -F°" CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78864