Loading...
A-04-06-24-16D1 - 6/24/2004ORDINANCE NO. !7-01/-0(..)- 027 `MP/ AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.191 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, 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 pursuant to Chapter City is a duly constituted Home Rule City 9, Local Government Code, as amended, and WHEREAS,pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 21.191 acres out of the Joseph Marshall, Abstract No. 409, 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 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 CPFDeektep\::0 /WORLDOX/O:/WIJOX/ORDI C/040624D1. WPD/6c 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 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. 2 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. If any section, subsection, Ordinance be found to be illegal, any portion of said property is City, for any reason whatsoever, X. sentence, phrase, or word of this invalid or unconstitutional or if incapable of being annexed by the the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of thin 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, 3 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 a7.1 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 c.91/ day of , 2004. Alternative 2. READ and APPROVED on first reading this the day of , 2004. READ, APPROVED and ADOPTED on second- reading this the day of , 2004. 4 ATTEST: CHRISTINE R. MARTINEZ, City Secr1a y EXHIBIT "A" FIELD NOTE DESCRIPTION OF A 21.191 ACRE TRACT OF LAND LOCATED IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 73 ACRE TRACT OF LAND CALLED TRACT FIVE CONVEYING AN UNDIVIDED 1/3 INTEREST BY WARRANTY DEED FROM BERTIL AND MARY LOUISE TELANDER TO CLARENCE AND ARNOLD TELANDER, EXECUTED AUGUST 28, 1981, AND RECORDED IN VOLUME 849, PAGE 807 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 73 ACRE TRACT ALSO BEING DESCRIBED IN A WARRANTY DEED FROM BERTIL TELANDER CONVEYING AN UNDIVIDED 1/3 INTEREST TO ARNOLD A. TELANDER, EXECUTED JANUARY 17, 1951 AND RECORDED IN VOLUME 366, PAGE 508 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ON APRIL 22, 1992, CLARENCE TELANDER CONVEYED ALL OF HIS UNDIVIDED INTERSEST OF SAID 73 ACRE TRACT TO ARNOLD TELANDER, AS RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. THE REMAINDER OF SAID 73 -ACRE TRACT WAS OWNED IN FULL OR IN PART BY ARNOLD TELANDER AND IS CURRENTLY UNDER THE DIRECTION OF GRACE TELANDER, IN HER CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF ARNOLD TELANDER, DECEASED, PENDING CAUSE NO. 02-0159-CP2, COUNTY COURT OF LAW NUMBER TWO, WILLIAMSON, COUNTY, TEXAS; SAID 21.191 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for reference at a 1/2 -inch iron rod found marking the northwesterly corner of a called 1.933 -acre tract of land conveyed by the City of Round Rock to the Lower Colorado River Authority and recorded in Document No. 9663491 of the Official Public Records of Williamson County, Texas. Said point also being located on the southeasterly right-of-way line of the Union Pacific Railroad (100 feet wide): THENCE, N 63' 36' 06" E, 102.58 feet along the north line of said 1.933 -acre tract and southeasterly right-of-way line of the Union Pacific Railroad to a 1/2 -inch iron rod with a plastic LCRA cap set; THENCE, S 03° 34' 06" E, 54.39 feet to a I/2 -inch iron rod with a plastic LCRA cap set marking the POINT OF BEGINNING and northwest corner of the herein described tract. Said point also being located in the south line of said 1.933 -acre tract, (Grid Coordinates: N=10,165,957.15, E=3,149,394.78, NAD 83/93 HARN Texas Central Zone); THENCE, N 63° 36' 06" E, 617.57 feet to a I/2 -inch iron rod found marking the northeast comer of the herein described tract and northwest corner of a called 37.150 -acre tract conveyed from the City of Austin to the Lower Colorado River Authority by Special Warranty Deed and recorded under Document No. 2000072244 of the O.P.R.W.C., Tx., same being the tract recorded in Volume 2657, Page 710 of the Deed Records of Williamson County; THENCE, 5 02'129' 14" E, 1653.29 along the west line of said 37.150 -acre tract to a 1/2 -inch iron rod with a plastic LCRA cap set marking the southeast comer of the herein described tract; THENCE, S 58° 30' 47" W, 244.39 feet along an existing fenceline to a 1/2 -inch iron rod with a plastic LCRA cap set to a point for corner; THENCE, S 58° 56' 37" W, 363.03 feet continuing along said fenceline to a l/2 -inch iron rod with a plastic LCRA cap set marking the southwest comer of the herein described tract; THENCE N 03° 34' 06" W, 1695.37 feet to the POINT OF BEGINNING, and containing 21.191 Acres (923,080 Square Feet) of land, more or less. BEARING BASIS: Texas Lambert Grid, Central Zone, NAD 83/93 HARN WORD FILE: LCRAW058A-002A.DOC ACAD: LCRAW058A-002A.DWG THE STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS: That I, Joe D. Webber, Jr., a Registered Professional Land Surveyor, do hereby certify that the above description and the accompanying plat is correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during April 2003 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis Coun r,� 064 P�'bI` * 44%v JOE D. WEBBER JR. tfaf 9 4552 c OUR OF exas on thi D. ' ebber egistered Professio . Land Surveyor No. 4552 - State of Texas of July, 2003 A. D. SURVCON 400 West 15'h Street, Suite 1030 Austin, TX 78701 (512) 457-7870 COMMENCING POINT EXHIBIT "A" • PAGE 1 OF 3 WILLIAMSON COUNTY, TEXAS Ingress - Egress Easement Doc No. 2002070117 0.P.R.W.C.TX. (see Note 4) Keith Krienke Called 1.50 Acres Doc No. 2002070117 0.P.R.W.C.TX. Clarence & Arnold Telander 1/3 interest Called Tract 3 (29.75 acres) 2129/744 D. R. W.C. TX. (see Note 7) POINT OF BEGINNING %=3.149,394.78 (GRID) Y=10,165,957,15 (GRID) 30' 80' 1/2" IR w/cap stamped "Stan Coulter surveying" 21.191 Acres NOTES: 0 'CD \\eD \4r 01 CP o g�G, o.\e t , `ez MATCH LINE 1 cos` 000 e5 G0\o\'5 P0 kos 6 g1 Go\ N0 g* 000' 0U`'' 5i LSee City of Roundrock 25' Temporary Working Space 2543/682 D.R.W.C.TX. Lower Colorado River IAuthority Called 37.150 Acres Itn Doc. No. 2000072244 ON 0.P.R.W.C.TX. IN (see Note 8) t0, I - .LEGEND 1/2' IRON ROD w/ PLASTIC LCRA CAP SET 1/2" IRON ROC FOUND POWER POLE SANITARY SEWER MANHOLE OFFICIAL DUBUC RECORDS WILI. IANSOF COUNTY. TEXAS DEED RECORDS WILLIAMSON CUJNTY, TEXAS HIRE VEN,. 1. BEARING BASIS: TEXAS LAMBERT GRID. CENTRAL ZONE, NAD83/93 HARN. 2. HORIZONTAL DATUM: NAD83/93 HARN 3. VERTICAL DATUM: NAVD 88 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U 5. SURVEY FEET AND MAY BE CONVERTED TO GRID VALUES BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999914. 5. THIS SKETCH OF EASEMENT 15 ACCOMPANIED BY A NARRATIVE METES AND BOUNDS DESCRIPTION, (WORD FILE LCRAW058A-002A.DOC). IN Ir City of Roundrock 15' Water Line Easement 2543/682 D.R.W. IN w IN C.T%. GRAPHIC SCALE 0 100 200 400 ( IN FEET ) 1 inch = 200 ft. EXHIBIT OF 21.191 ACRE TRACT (923,080 SQ. FT.) THE JOSEPH MARSHALL SURVEY ABSTRACT No, 409, WILLIAMSON COUNTY, TEXAS. 0 SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH. (512) 457-7870 SCALE: DATE: 1"=200' 07-15-03 SURVCON JOB NO. 4855-09 W0 N0. F.8. NO. 1207 DRAWING: 2:\LORA\485509 LaRA — 33ac BrMaty Crk\Ewg\LCRAW058A-002A—SURVCON1 AWN BY: DM/P. Ygiesias DWG. LCRAW058A-002A.dwg Clarence & Arnold Telander 1/3 interest Called Tract 3 (29.75 acres) 2129/744 D.R.W.C.TX. (see Not,) J Clarence & Arnold Telander Called Tract 1 (92.93 acres) 849/807 D.R.W.C.TX. (see Note 9) EXHIBIT "A" MATCH LINE 0 A 0 21.191 Acres FENCE GACC Pe\� '..'÷° 030 30 Nl, 0.\...? s-, t p ll W % o �•'�• /,ip ) EXISTING 1 S5-5u�' P ° �,°`'�' u 4 0 ///II FENCE �,° p0 A,� °�R1'P PRC\- `y 5O N%e)',O O'er\) /�/J� Pl PAGE 2 OF 3 WILLIAMSON COUNTY, TEXAS N 1-6; 0 01 N IW LCI 0 r 2 0 IZ at N c ap op P 0 O N 0 N c CD / // 7 / // / 7 / City of Roundrock 25' Water Line Easement 2543/682 D.R.W.C.TX. 'NESS CORNER FIRE HYDRANT & WATER VALVE µc, LEGEND O I/2' IRON ROD w/ PIJSTC LCRA CAP SLT • 1/2' IRON P00 FOUNU POWER POLE SANITARY SEWER MANHOL O P.R.W..CJX- CFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS 0 R1N.r TX DEWR_CORos WILLIAMSON COUNTY. TEAS -+— WIRE FENDS NOTES: 1. BEARING BASIS: TEXAS LAMBERT GRID, CENTRAL ZONE, NAD83/93 HARN. 2. HORIZONTAL DATUM: NAD83/93 HARN 3. VERTICAL DATUM: NAW 88 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND MAY BE CONVERTED TO GRID VALUES BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999914, 5. THIS SKETCH OF EASEMENT IS ACCOMPANIED 8Y A NARRATIVE METES AND BOUNDS DESCRIPTION, (WORD FILE LCRAW058A-002A.DOC). DRMMNG: Z:\LORA\485509 LCRA - 33U9 Brushy Crk\Erg\LCRAW058A-002A-SURVCON 0 GRAPHIC SCALE 100 200 400 � I ( IN FEET ) 1 inch = 200 ft. EXHIBIT OF 21.191 ACRE TRACT (923,080 SQ. FT.) IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS. 0 SCALE: DATE: SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH. (512) 457-7870 1" = 200' SURVCON JOB NO. 4855-09 07-15-03 F.B. NO. 1207 TABAWN BY: MDM/P. Yglesias DWG: LCRAW058A-002A.dwg General Notes: EXHIBIT "A" PAGE 3 OF 3 WILLIAMSON COUNTY, TEXAS 1. Easements and other record Information shown hereon was as described in a title commitment prepared by Alamo Title Company, under C.F. No. 03-7025369, with an effective dote of January 29, 2003. No further research of the Williamson County Deed Records was performed by SURVCON, INC. Schedule 8, 10-0 Does not affect the subject tract. 10-E Expired on August 12, 1987. 10-F Does not affect the subject tract shown hereon. 10-G Affects the subject tract shown hereon. 10-11 Does not affect the subject tract. 10-1 Does not affect the subject tract. 10-J Does not affect the subject tract. 2. This survey does not determine the location of wetlands, fault lines or other environmental issues should they exist. 3. The square footage as shown hereon is based on the mathematical closure of the courses and distances described hereon. 4. Ingress and Egress easement as recorded on August 4, 2002 under Document No. 2002070117 of the Official Public Records of Williamson County. Texas (0.P.R.W.C., Tx) conveyed to Keith Krienke by Grace Telander In her capacity as independent executor of the Estate of Arnold Telander, Deceased, pending Cause No. 02-0159-CP2, County Court of Law Number Two, Williamson, County, Texas. 5. The 1,933 -acre tract conveyed by the City of Round Rock under General Warranty Deed and recorded under Document No. 9663491 in the 0.P.R.W.C., Tx. to the Lower Colorado River Authority. said property being the same tract called 1,935 -acres and conveyed to the City of Round Rock by Clarence and Amold Telander in a Deed of Exchange recorded in Volume 1802. Page 539 of the Deed Records of Williamson County, Texas (D.R.W.C„ Tx.). 6. Berth and Mary Louise Telander conveyed a 1/3 -interest of a called 73 -acre tract by Warranty Deed to Clarence and Arnold Telander in August 24, 1981 and recorded In Volume 849, Page 807 of the D.R.W.C., Tx. (See Note 12) 7. 1/3 -interest In a called 29.75 acre tract and described as Tract Three In a Warranty Deed conveyed by Berth and Mary Louise Telander to Clarence and Arnold Telander as recorded on August 28, 1981 in Volume 849, Page 807 of the D.R.W.C.. Tx. On April 23. 1992, Clarence Telander conveyed his 1/2 -interest in the 29.75 acre tract as recorded in Volume 2129, Page 744 of the D.R.W.C., Tx. (See Note 12) 8. 37.150 acre tract conveyed by the City of Austin to the Lower Colorado River Authority by Special Warranty Deed and recorded on September 30, 2000 under Document No. 2000072244 In the 0.P.R.W.C.. Tx. Same being a tract called 37.544 acres conveyed by Arnold Telander to the City of Austin by Warranty Deed and recorded on December 30, 1994 In Volume 2657, Page 710 In the D.R.W.C., Tx. 9. 1/3 Interest in a called 92.93 acre tract described as Tract One and conveyed by Berth and Mary Louise Telander to Clarence and Arnold Telander as recorded on August 28, 1981 in Volume 849, Page 807 in the D.R.W.C.. Tx. 10. Sanitary Sewer manhole (with bolted lid) wos found and currently no easement covering this facility exists to our knowledge. 11. The sanitary sewer easement shown hereon is jointly owned by the City of Austin and the Lower Colorado River Authority, as described in Document No. 9734855 and filed August 4, 1997, same being described in an instrument to the City of Round Rock in Volume 1365, Page 14 of the D.R.W.C., Tx. same also being the tract conveyed by the City of Round Rock to the Brushy Creek Water Control & Improvement District No, 1 recorded in Exhibit "H", Volume 1754, Page 1 of the D.R.W.C.. Tx., appears to be in error. The physical location of the sanitary sewer was field located and exists as shown. The dimensions from the Commencing Point to the Point of Beginninglocates the easement approximately 40 -feet south of its Intended location and places a portion of the easement across the west line of the herein described tract, approximately 160 -feet. Therefore the easement as currently written does not cover the present sewer position and extends westerly Into the adjoining property. The easement is shown hereon in the position of which it was intended. It is recommended that the recorded easement be corrected to eliminate future confusion. 12. Properties owned in full or in part by Amold Telander i3 currently under the direction of Grace Telander, in her capacity as independent executor of the Estate of Amold Telander, Deceased, pending Cause No. 02-0159-CP2, County Court of Law Number Two, Williamson, County. Texas. 13. According to the National Flood Insurance Program (FIRM) Flood Insurance Rate Map No. 48491C0335 C, dated September 27, 1991, the subject tract lies within (Unshaded) Zone "X" which is areas determined outside the 500 -year flood plain. This information Is as published by the Federal Emergency Management Agency and SURVCON INC does not accept responsibility for Its accuracy or content. I, Joe D. Webber, Jr. a Texas Registered Professional Land Surveyor, certify that this survey was made on the ground under my supervision and correctly represents the facts as found at the time of the survey. This survey conforms to a Category 1A. Condition II survey as defined by the Manual of Practice of Surveying in the State of Texas. Surveyed: April & June, 2003 Joe 0. Webber, Jr., RPLS Texas Registration No. 4552 LINE TABLE LINE BEARING DISTANCE L1 N 63'36'06" E 102.58' L2 S 03'34'06" E 54.39' WODES: I. BEARING BASIS: TEXAS LAMBERT GRID, CENTRAL ZONE, NAD83/93 YARN. 2. HORIZONTAL DATUM: NAD83/93 HARN 3. VERTICAL DATUM: NAVD 88 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND MAY BE CONVERTED TO GRID VALUES BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999914 5. THIS SKETCH OF EASEMENT I5 ACCOMPANIED BY A NARRATIVE METES AND BOUNDS DESCRIPTION, (WORD FILE LCRAW05BA-002A.D0c), ORAWING: Z:\LCRA\485509 LORA - 33ac Brushy Crk \dwg \LCRAW058A-002A-SURVCON EXHIBIT OF 21.191 ACRE TRACT (923,080 SQ. FT.) IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS. 0 SCALE: DATE: SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH, (512) 457-7870 1" 200' SURVCON JOB NO. 4855-09 _..._.... WO NO 202863 07-15-03 F.B, NO. 1207 _DRAWN 8Y: MDM/P. Ygtesias DWG: LCRAW058A-002A.dwg Date: Annexation Area: Provision of Service: EXHIBIT B PROVISION OF SERVICES PLAN June 9, 2004 21.191 acres of land (LCRA Tract) 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED 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. LCRA Tract Annexation 21.191 Acres DATE: June 18, 2004 SUBJECT: City Council Meeting - June 24, 2004 ITEM: 16.D.1. Consider an ordinance annexing 21.191 acres of land out of the Joseph Marshall Survey. (LCRA Tract) (3901 E. Palm Valley Boulevard) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: Annexation of this tract will provide availability to the LCRA to expand their treatment plant and increase ad valorem taxes. A copy of the service plan is attached. Funding: Cost: N/A Source of funds: N/A Outside Resources: Jim Clarno, Lower Colorado River Authority Background Information: This 21.191 acre tract is located on US Highway 79, just northeast of Dell Diamond. The adjoining LCRA tracts to the east were annexed in 1998. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government Code. RECORDED DOCUMENT FOLLOWS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK ORD 13 PGS 1004051979 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 -04-06- 24-16D1, which annexes 21.191 acres of land out of the Joseph Marshall Survey. This ordinance was approved by the City Council of the City of Round Rock, Texas, at a regular scheduled meeting held on the 24th day of June 2004. These minutes are recorded in the official City Council Minute Book No. 50. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 1st day of July 2004. 1 CHRISTINE R. MARTINEZ, City Secretary J ORDINANCE NO. 17-f1Liao-0T `Rd// AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.191 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, 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 21.191 acres out of the Joseph Marshall, Abstract No. 409, 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 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 WPFDesktop\:.ODMA/WORLDOX/O:/WGOX/OROSNANC/040624D1,WVD/sC 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 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. 2 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. X. Ifany section, subsection, sentence, phrase, or word of this Ordinance be found to beillegal, 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, 3 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. 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 n of( ( � , 2004. day Alternative 2. READ and APPROVED on first reading this the day of , 2004. READ, APPROVED and ADOPTED on second . reading this the day of , 2004. 4 ATTEST: of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr ary 5 EXHIBIT "A" FIELD NOTE DESCRIPTION OF A 21.191 ACRE TRACT OF LAND LOCATED IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 73 ACRE TRACT OF LAND CALLED TRACT FIVE CONVEYING AN UNDIVIDED 1/3 INTEREST BY WARRANTY DEED FROM BERTIL AND MARY LOU[SE TELANDER TO CLARENCE AND ARNOLD TELANDER, EXECUTED AUGUST 28, 1981, AND RECORDED IN VOLUME 849, PAGE 807 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 73 ACRE TRACT ALSO BEING DESCRIBED IN A WARRANTY DEED FROM BERTIL TELANDER CONVEYING AN UNDIVIDED 1/3 INTEREST TO ARNOLD A. TELANDER, EXECUTED JANUARY 17, 1951 AND RECORDED IN VOLUME 366, PAGE 508 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ON APRIL 22, 1992, CLARENCE TELANDER CONVEYED ALL OF HIS UNDIVIDED INTERSEST OF SAID 73 ACRE TRACT TO ARNOLD TELANDER, AS RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. THE REMAINDER OF SAID 73 -ACRE TRACT WAS OWNED IN FULL OR IN PART BY ARNOLD TELANDER AND IS CURRENTLY UNDER THE DIRECTION OF GRACE TELANDER, IN HER CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF ARNOLD TELANDER, DECEASED, PENDING CAUSE NO. 02-0159-CP2, COUNTY COURT OF LAW NUMBER TWO, WILLIAMSON, COUNTY, TEXAS; SAID 21.191 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for reference at a I/2 -inch iron rod found marking the northwesterly comer of a called 1.933 -acre tract of land conveyed by the City of Round Rock to the Lower Colorado River Authority and recorded in Document No. 9663491 of the Official Public Records of Williamson County, Texas. Said point also being located on the southeasterly right-of-way line of the Union Pacific Railroad (100 feet wide): THENCE, N 63° 36' 06" E, 102.58 feet along the north line of said I.933 -acre tract and southeasterly right-of-way line of the Union Pacific Railroad to a 1/2 -inch iron rod with a plastic LCRA cap set; THENCE, 5 03° 34' 06" 6, 54.39 feet to a I/2 -inch iron rod with a plastic LCRA cap set marking the POINT OF BEGINNING and northwest corner of the herein described tract. Said point also being located in the south line of said 1.933 -acre tract, (Grid Coordinates: N=10,165,957,15, E=3,149,394.78, NAD 83/93 HARN Texas Central Zone); THENCE, N 63' 36' 06" E, 617.57 feet to a l/2 -inch iron rod found marking the northeast corner of the herein described tract and northwest comer of a called 37.150 -acre tract conveyed from the City of Austin to the Lower Colorado River Authority by Special Warranty Deed and recorded under Document No. 2000072244 of the O.P.R. W.C., Tx., same being the tract recorded in Volume 2657, Page 710 of the Deed Records of Williamson County; THENCE, S 02' 29' 14" E, 1653.29 along the west line of said 37.150 -acre tract to a I/2 -inch iron rod with a plastic LCRA cap set marking the southeast comer of the herein described tract; THENCE, 5 58°30' 47" W', 244.39 feet along an existing fenceline to a 1/2 -inch iron rod with a plastic LCRA cap set to a point for confer; THENCE, S 58° 56' 37' W, 363.03 feet continuing along said fenceline to a I/2 -inch iron rod with a plastic LCRA cap set marking the southwest comer of the herein described tract; THENCE N 03° 34' 06" W, 1695.37 feet to the POINT OF BEGINNING, and containing 21.191 Acres (923,080 Square Feet) of land, more or less. BEARING BASIS: Texas Lambert Grid, Central Zone, NAD 83/93 HARN WORD FILE: LCRAW058A-002A.DOC ACAD: LCRAW058A-002A.DWG THE STATE OF TEXAS. COUNTY OF TRAVIS 4 KNOW ALL MEN BY THESE PRESENTS: That 1, Joe D. Webber, Jr., a Registered Professional Land Surveyor, do hereby certify that the above description and the accompanying plat is correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during April 2003 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis Court. exas on this of fuly, 2003 A. D. ,.0 *F tT .JOE D. wEBRERJR. I5y 4... re ` P. `BURSE he D. ' ebber,ITr, egistered Professio Land Surveyor No. 4552 - State of Texas SURVCON 400 West 15'" Street, Suite 1030 Austin, TX 78701 (512) 457-7870 COMMENCING POINT Ingress — Egress Easement Doc No. 2002070117 0.P.R.W.C.TX. (see Note 4) Keith Krienke Called 1.50 Acres Doc No. 2002070117 0.P.R.W.C.TX. EXHIBIT "A" 19 e, Tde) PAGE 1 OF 3 WILLIAMSON COUNTY, TEXAS POINT OF BEGINNING X=3,149,394.78 (GRID) Y=10,165,957.15 (GRID) 30' LA. 0 80' 1/2" IR w/cap stomped "Stan Coulter surveying" o 0 H 21.191 Acres Clarence e & Arnold Telander 1/3 interest Called Tract 3 (29.75 acres) 2129/744 D.R.W.C.TX. (see Note 7) RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory re4i rdation. O • NOTES: o City of Roundrock 25' Temporary Working Space 2543/682 D.R.W.C.TX. Lower Colorado River Authority Called 37.150 Acres Doc. No. 2000072244 0.P.R.W.C.TX. (see Note 8) '4) City of Roundrock Za h 15' Water Line c0 00. BOG we C;. Easement 2543/682 4AOp��" ,IDI D.R.W.C.TX. I I� IIGil cri MATCH LINE 1 1 GRAPHIC SCALE 1/2' DION ROD w/ PLASTIC LORA CAP SET 1/2" IRON ROD FOUND POWER PO'__ SAN'TARY SEWER MANHOLE OFFCS+L PUBLIC RECORDS WILL(WSON COUNTY TEXAS DEED RECORDS WILLIAMSON COUNTY, TEXAS YORE FENCE 1. BEARING BASIS: TEXAS LAMBERT GRID, CENTRAL ZONE, NAD83/93 HARN. 2. HORIZONTAL DATUM: NAD83/93 HARN 3. VERDCAL DAVM: NAVD 88 4. AU. DISTANCES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND MAY BE CONVERTED TO GRID VALUES BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999914 5. THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A NARRATIVE METES ANO BOUNDS DESCRIPTION, (WORD F1LE LCRAW058A-002A.D0C). DRAWING Z:\LORA\415509 LORA - Mac Brustly Crk\dw9\LatAW058A-002A-SURYLON 00 200 400 I � ( IN FEET ) 1 inch = 200 ft EXHIBIT OF 21.191 ACRE TRACT (923,080 SQ. FT.) IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS. 0 SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH. (512) 457-7870 SCALE: DATE: 1"= 200' SURVCON J08 NO. 4855-09 WO NO. 202863 07-15-03 F.B. NO. 1207 DWG: 4 mAWN 8Y: MDM/P. Y9lesias LCRAW058A-002A.dwg Clarence & Arnold Tel an der 1/3 interest Called Tract 3 (29,75 acres) 2129/744 D.R. W. C. TX. (see Note 7) Clarence Sc Arnold Tel ander Called Tract 1 (92.93 acres) 849/807 D.R.W.C.TX. (see Note 9) _ CORC)ERS MEMORANDUM Il or parts of the text on this pale was not rIV legible for satisfactory recordation. NOTES: EXHIBIT "A" MATCH LINE 0 c,N 1. 0 O, 21.191 Acres PAGE 2 OF 3 WILLIAMSON COUNTY, TEXAS EXISTING FENCE CD In c G 0 City of Roundrock 25' Water Line Easement 2543/682 O.R.W.C.TX. WITNESS CORNER FIRE HYDRANT & WATER VALVE v at see Note 10) SLpkP F.9 kp e of e dy C1A Y do �C o . c O 6y "C as �('� q4y or 6ee'R• 4p• 0%,-I- ~o`o ,ale �Ok 6 .20/1102- 2 /1102 0-'60 LEGEND 1/2" IRON. ROD w/ DEEDED LORA CAT SE 1 /2" IRON ROD FOUND POWER POLE SAN11ARY SEWER MANHOLE OFFOA_ PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS W.tL1OMSON COUNTY. TEXAS WIRE FENCE f2 Ve4 e et6.7 1. BEARING BASIS: TEXAS LAMBERT GRID. CENTRAL ZONE, NAD83/93 HARN. 2. HORIZONTAL DATUM: NA083/93 HARN 3. VERTICAL DATUM: NAVD 88 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET ANO MAY BE CONVERTEDTO GRID VALUES BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999911 5. THIS SKETCH OF EASEMENT IS ACCOMPANIED BY A NARRATIVE METES AND BOUNDS DESCRIPTION, (WORD FILE LCRAW058A-002A.000). DRAWING Z:\LORA\485509 LORA - 33ac Brushy Csk\day \LCRANU59A-002A-SURVCoN • GRAPHIC SCALE 100 I ( IN FEET ) 1 inch = 200 ft. EXHIBIT OF 21.191 ACRE TRACT (923,080 SQ. FT.) IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS. 0 SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH. (512) 457-7870 SCALE 1" = 200' GATE: 07-15-03 SURVCON JOB NO. 4855-09 WO NO. _ 202863_ F.8. N0. 1207 £AWN BY: MOM/P. Ygtcsics Owc: LCRAW058A-002A.dwg General Notes: EXHIBIT "A" 1. Easements and other record information shown hereon was as described in a title commitment C.F. No. 03-7025369, with an effective dote of January 29, 2003. No further research of the performed by SURVCON, INC. PAGE 3 OF 3 WILLIAMSON COUNTY, TEXAS prepared by Alamo Title Company. under Williamson County Deed Records was Schedule 8, 10-0 Does not affect the subject tract. 10-E Expired on August 12. 1987. 10-F Does not affect the subject tract shown hereon. 10-G Affects the subject tract shown hereon. 10-11 Does not affect the subject tract. 10-1 Does not affect the subject tract. 10-J Does not affect the subject tract. 2. This survey does not determine the location of wetlands, fault lines or other environmental Issues should they exist. 3. The 'quote footage as shown hereon is based an the mathematical closure of the courses and distances described hereon. 4. Ingress and Egress easement as recorded on August 4, 2002 under Document No. 2002070117 of the Official Public Records of Williamson County, Texas (0.P.R.W.C.. Tx) conveyed to Keith Menke by Croce Telander in her capacity as independent executor of the Estate of Arnold Telander, Deceased, pending Cause No. 02-0159-CP2, County Court of Low Number Two, Williamson, County, Texas. 5. The 1.933 -acre tract conveyed by the City of Round Rock under General Warranty Deed and recorded under Document No. 9663491 in the 0.P.R.W.C., Tx. to the Lower Colorado River Authority, said property being the same tract called 1.935 -acres and conveyed to the City of Round Rock by Clarence and Arnold Telander in a Deed of Exchange recorded in Volume 1802, Page 539 of the Deed Records of Williamson County, Texas (D.R.W.C., Tx.). 6. Berta and Mary Louise Telander conveyed a 1/3 -Interest of a called 73 -acre tract by Warranty Deed to Clarence and Arnold Telander in August 24, 1981 and recorded In Volume 849, Page 807 of the D.R.W.C., Tx. (See Note 12) 7. 1/3 -interest in a celled 29.75 acre tract and described as Tract Three In 0 Warranty Deed conveyed by Berta and Mary Louise Telander to Clarence and Arnold Telander as recorded on August 28, 1981 In Volume 849, Page 807 of the D.R.W.C.. Tx. On Apra 23. 1992, Clarence Telander conveyed his 1/2 -interest in the 29.75 acre tract as recorded in Volume 2129. Page 744 of the D.R.W.C., Tx. (See Note 12) 8. 37.150 acre tract September 30, 2000 Telander to the City 9. 1/3 interest In a Telander as recorded conveyed by the City of Austin to the Lower Colorado River Authority by Special Warranty Deed and recorded on under Document No. 2000072244 in the 0.P.R.W.C.. Tx. Same being a tract called 37.544 acres conveyed by Arnold of Austin by Warranty Deed and recorded on December 30, 1994 in Volume 2657. Page 710 in the D.R.W.C., Tx. called 92.93 acre tract described as Tract One and conveyed by Berta and Mary Louise Telander to Clarence and Arnold on August 28. 1981 in Volume 849, Page 807 in the D.R.W.C.. Tx. 10. Sanitary Sewer manhole (with bolted lid) was found and curenuy no easement covering this facility exists to our knowledge. 11. The sanitary sewer easement shown hereon is Jointly owned by the City of Austin and the Lower Colorado River Authority, as described in Document No. 9734855 and filed August 4. 1997, same being described In an instrument to the City of Round Rock In Volume 1365, Page 14 of the D.R.W.C., Tx. same also being the tract conveyed by the City of Round Rock to the Brushy Creek Water Control & Improvement District No. 1 recorded in Exhibit 'H'. Volume 1754, Page 1 of the D.R.W.C., Tx.. appears to be In error. The physical location of the sanitary sewer was Beld located and exists as shown. The dimensions from the Commencing Point to the Point of Beginning.locates the easement approxlmotely 40 -feat south of Its Intended location and places a portion of the easement across the west line of the herein described tract, approximately 160 -feet. Therefore the easement as currently written does not cover the present sewer position and extends westerly into the adjoining property. The easement is shown hereon in the position of which it was intended. It is recommended that the recorded easement be corrected to eliminate future confusion. 12. Properties owned in full or In part by Arnold Telander is currently under the direction of Grace Telender, in her capacity asindependent executor of the Estate of Arnold Telander, Deceased, pending Cause No. 02-0159-CP2, County Court of Law Number Two, Williamson, County, Texas. 13. According to the National Flood Insurance Program (MM) Flood Insurance Rote Map No. 48491C0335 C, dated September 27, 1991, the subject tract lies within (Unshaded) Zone "X' which is areas determined outside the 500 -year food plain. This information is as published by the Federal Emergency Management Agency and SURVCON INC does not accept responsibility for its accuracy or content. 1. Joe D. Webber. Jr. a Texas Registered Professional Land Surveyor, certify that this survey was made on the ground under my supervision and correctly represents the facts as found of the time of the survey. This survey conforms to a Category 1.1, Condition II survey as defined by the Manual of Practice of Surveying in the State of Texos. Surveyed: April & June, 2003 Joe 0. Webber, .k.. RPLS Texas Registration No. 4552 LINE TABLE LINE BEARING DISTANCE L1 N 63'36'06" E 102.58' L2 S 03'34'06" E 54.39' NOTES: 1. BEARING BASIS: TEXAS LAMBERT GRID. CENTRAL ZONE, NA083/93 4ARN. 2. HORIZONTAL DATUM: NA083/93 HARN 3. VERTICAL DATUM: NAW 88 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET ANO MAY BE CONVERTED TO GR10 VALUES BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.999914. 5. THIS SKETCH OF EASEMENT 19 ACCOMPANIED BY A NARRATIVE METES 4110 BOUNDS DESCRIPTION, (WORD FILE LCRAW058A-002A.DOC). ORAwING: 2:W:84455509 LCRA - 330c Brushy Crk\ewg AW958A-002A-SURVC, EXHIBIT OF 21.191 ACRE TRACT (923,080 SQ. FT.) IN THE JOSEPH MARSHALL SURVEY ABSTRACT No. 409, WILLIAMSON COUNTY, TEXAS. SURVCON INC. PROFESSIONAL SURVEYORS 400 WEST 15th STREET, SUITE 1030 AUSTIN, TEXAS 78701 PH. 512) 457-7870 SURVCON JOB 610. 4855-09 WO NO_202863 € DATE: 07-15-03 F.B. NO. 1207 R F SCALE: 1" = 200' OWA SAWN BY: MDM/P. Yglesias ILCRAW058A-002A.dwg Date: Annexation Area: Provision of Service: EXHIBIT B PROVISION OF SERVICES PLAN June 9, 2004 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED 21.191 acres of land (LCRA Tract) 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. LCRA Tract Annexation 21.191 Acres A-- 0207/ L /VAitp>t 4224) (1 el tee - FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004051979 E.',, 07/01/2004 04:06 PM ALLEN $38.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS