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A-03-06-26-10B6 - 6/26/2003ORDINANCE NO. A- 03-a 22 #066 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.698 ACRES OF LAND, MORE OR LESS, 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 1.698 acres, more or less, 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: 9PFDesktop\::ODMA/WORLDDX/0:/WOOX/ORDINANC/030615H6.WPD/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. READ, PASSED, and ADOPTED on first reading this O� -day of L JL4JJ jZJ , 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 , 2003. TEnnST CHRISTINE R. MARTINEZ, City Sectary LL, Mayor City of Round Rock, Texas 4 Exhibit A Page 1 of 2 Field Notes February 3, 2000 Page 1 Beverly Johnson Gordon to City of Round Rock BEING 1.698 ACRES (73,942 S.F.) OF LAND, MORE OR LESS, OUT OF AND A PART OF THE WILLIS DONAHO SURVEY IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT CONVEYED TO BEVERLY JOHNSON GORDON BY DEED FILED FOR RECORD ON JUNE 30, 1998, RECORDED IN DOCUMENT 9835986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.698 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron pin found in the south line of County Road 113, same being the northwest corner of the tract conveyed to Beverly Johnson Gordon by deed recorded in Document 9835986 of the Official Records of Williamson County, Texas and a corner in the north line of the tract conveyed to TRJ Nelson Partnership by deed recorded in Document 9610394 of the Official Records of Williamson County, Texas, for the Point of Beginning and the northwest corner of the herein described tract of land; (1) THENCE, North 87°10'26" East, a distance of 237.87 feet, with the south line of County Road 113 and the north line of said Gordon tract to a point in the existing west line of County Road 122, same being the northeast corner of said Gordon tract for the northeast corner of the herein described tract of land; (2) THENCE, South 02°58'34" East, a distance of 310.85 feet, with the existing west line of County Road 122 and the east line of said Gordon tract to a 1/2 inch iron pin found at the southeast corner of said Gordon tract, same being a corner in the east line of said TRJ Nelson Partnership tract, for the southeast corner of the herein described tract of land; (3) THENCE, South 87°01'26" West, a distance of 237.87 feet, with the south line of said Gordon tract and a northerly line of said TRJ Nelson Partnership tract, to point at the southwest corner of said Gordon tract, for the southwest corner of the herein described tract of land; (4) THENCE, North 02°58'34" West, a distance of 310.85 feet, with the west line of said Gordon tract and an easterly line of said TRJ Nelson Partnership tract, to the Point of Beginning, and containing an area of 1.698 acres of land, more or less. p^ r Eduardo 0. Mendez Registered Professional Land Surveyor # 5010 Martinez, Wright & Mendez, Inc. 1106 Clayton Lane, Suite 400W Austin, Texas 78723 (512) 453-0767 Bearing Basis: Texas State Plane, Central, Grid factor: 0.99988 s:\Projects\70903\F1dnts\Gordon 1.7ac.DOC ?/".27/6° /;/60 Date NAD 83 EDUARDO 0. MENDEZ 1/2" IP SKETCH TO ACCOMPANY FELD WILLIAMSON COUNTY, TEXAS 1 /2" IP COUNTY ROAD 113 N87'01'26"E 237.87' (242') POINT OF BEGINNING 1 1 LEGEND BEVERLY 1 GORDON (1.75 ACRES) DOC 89835986 1.698 ACRES rA \(4 C S87'01'26"W 237.87' (242') vv • IP FOUND ( ) INDICATES RECORD DATA THIS TRACT IS NOT WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING TO THE FLOOD INSURANCE RATE MAP No. 48491CO250 C EFFECTIVE SEPT. 27, 1991 THE FOLLOWING EASEMENT MAY APPLY: GUY AND ANCHOR EASEMENT VOL. 304, PG. 247 MWM CODE: 70403/ESMT/GORDON.DWG TRJ NELSON PARTNERSHIP DOC #9610394 BEARING BASIS: TEXAS STATE PLANE, CENTRAL ZONE, NAD 83 GRID FACTOR — 0.99988 M in co 0 M S02'58'34"E (R.O.W. VARIES) N N 0 U 1/2" IP 1/2" IP Page 2 of 2 SCALE: 1"=50' I HEREBY DECLARE THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY SUPERVISION, THAT IT REPRESENTS THE FACTS FOUND AT TIME OF SURVEY AND THAT IT SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS FOR A CATEGORY 1A, CONDITION II SURVEY. Martinez, Wright & Mendez, Inc. CVL D4GIEERNG SURVEYING ARCHITECTURE Creekelde plaza 900 Round Rock Ave., Suite 310 Round Rack, Taxa 78681 (512) 255-1833 Fax (512) 255-5301 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 1.698 acres of land (Old Settlers Park Tract B) (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. CO 0t+ co L 1- i as 0- L a re0 0 0 N It co CR 122 u. rn Date: June 20, 2003 Subject: City Council Meeting - June 26, 2003 Item: 10.B.6. Consider an ordinance annexing 1.698 acres out of the Willis Donaho Survey. (Old Settlers Park Tract B) (First Reading) Resource: Joe Vining, Planning Director History: This tract is located at the southwest corner of Kiphen Road a.k.a. County Road 113 and 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: Provision of city services. Source of Funds: General Fund Outside Resources: None (city owned property) Impact/Benefit: Increase in availability of parkland use. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government. Sponsor: Planning and Community Development Department RECORDED DOCUMENT FOLLOWS 2003064456 1.0 r'gs 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- 26-10B6 which annexes 1.698 acres of land out of the Willis Donaho Survey (Old Settlers Park Tract B). 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. 7U r CHRISTINE R. MARTINEZZ, City Secretary ORDINANCE NO. A-Cl3-dlp --,,2 -/C66 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.698 ACRES OF LAND, MORE OR LESS, 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 1.698 acres, more or less, 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:/WDCX/ORDINANC/0]0626 B6 .WPB/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. Al. 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(W day of 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 TEST; Loitih ie. itft ie CHRISTINE R. MARTINEZ, City Sectary 4 , 2003. LL, Mayor City of Round Rock, Texas Exhibit A Page 1 of 2 Field Notes February 3, 2000 Page 1 Beverly Johnson Gordon to City of Round Rock BEING 1.698 ACRES (73,942 S.F.) OF LAND, MORE OR LESS, OUT OF AND A PART OF THE WILLIS DONAHO SURVEY IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT CONVEYED TO BEVERLY JOHNSON GORDON BY DEED FILED FOR RECORD ON JUNE 30, 1998, RECORDED IN DOCUMENT 9835986 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.698 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron pin found in the south line of County Road 113, same being the northwest corner of the tract conveyed to Beverly Johnson Gordon by deed recorded in Document 9835986 of the Official Records of Williamson County, Texas and a corner in the north line of the tract conveyed to TRJ Nelson Partnership by deed recorded in Document 9610394 of the Official Records of Williamson County, Texas, for the Point of Beginning and the northwest corner of the herein described tract of land; (1) THENCE, North 87°10'26" East, a distance of 237.87 feet, with the south line of County Road 113 and the north line of said Gordon tract to a point in the existing west line of County Road 122, same being the northeast corner of said Gordon tract for the northeast corner of the herein described tract of land; (2) THENCE, South existing west line o to a 1/2 inch iron same being a corner the southeast corner (3) THENCE, South line of said Gordon tract, to point at southwest corner of (4) THENCE, North line of said Gordon tract, to the Point land, more or less. aAibs Eduardo O. Mendez Registered Professional Land Surveyor Martinez, Wright & Mendez, Inc. 1106 Clayton Lane, Suite 400W Austin, Texas 78723 (512) 453-0767 02°58'34" East, a distance of 310.85 feet, with the f County Road 122 and the east line of said Gordon tract pin found at the southeast corner of said Gordon tract, in the east line of said TRJ Nelson Partnership tract, for of the herein described tract of land; 87°01'26" West, a distance of 237.87 feet, with the south tract and a northerly line of said TRJ Nelson Partnership the southwest corner of said Gordon tract, for the the herein described tract of land; 02°58'34" West, a distance of 310.85 feet, with the west tract and an easterly line of said TRJ Nelson Partnership of Beginning, and containing an area of 1.698 acres of # 5010 Bearing Basis: Texas State Plane, Central, NAD 83 Grid factor: 0.99988 s:\Projects\70903\Eldnts\Gordon 1.7ac.DOC 1/2" IP SKETCH TO ACCOMPANY FELD NOTES WILLIAMSON COUNTY, TEXAS 1/2" IP COUNTY ROAD 113 N87'01'26"E 237.87' (242') POINT OF BEGINNING MIN BEVERLY JOHNSON CORDON (1.75 ACRES) DOC4F9835986 1.698 ACRES I RECORDERS MEMORANDUM All or part of the text on this page was not 1 clearly legible for satisfactory recordation. LEGEND J ��t•` v- 887'01'26"W r • IP FOUND ( ) INDICATES RECORD DATA THIS TRACT IS NOT WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING TO THE FLOOD INSURANCE RATE MAP No. 48491CO250 C EFFECTIVE SEPT. 27, 1991 THE FOLLOWING EASEMENT MAY APPLY: GUY AND ANCHOR EASEMENT VOL. 304, PG. 247 MWM COOE: 70403/ESMT/GDRDON.DWG 237.87' -- (242') TRJ NELSON PARTNERSHIP DOC #9610394 BEARING BASIS: TEXAS STATE PLANE, CENTRAL ZONE, NAD 83 GRID FACTOR — 0.99988 1 1 1/2" IP I 1/2" IP Page 2 of 2 SCALE: 1"=50' I HEREBY DECLARE THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY SUPERVISION, THAT IT REPRESENTS THE FACTS FOUND AT TIME OF SURVEY AND THAT IT SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS FOR A CATEGORY 1A, CONDITION II SURVEY. W60 Martinez, Wright & Mendez, Inc. CNL ENGINEERING SURVEYING ARCHITECTURE Creeb&e Playa 900 Round Rock Ave, Suite 310 Round Rock, Texas 7868! (512) 255.1833 Pax (512) 255-5301 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 1.698 acres of land (Old Settlers Park Tract B) (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. C ESi Apyr OPE 1 s J i IS. I :.UU11L•L OFFICIAL PUBLIC RECORDS etAICIA 07-09-2003 01:11 PM 2003064456 ANDERSON $27.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS 1�eQSe) RZlvrh -Y OF ROUND ROCK ADMINISTRATION 21 EAST MAIN STREET -' UND POCK, TEXAS 78864