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A-04-06-24-16D3 - 6/24/2004ORDINANCE NO. 14 -01 -126.7 -t921 -M303 3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.7917 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, 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 .7917 acres out of the Memucan Hunt, Abstract No. 314, 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 @PFDesktop\::ODMAj WORLDOX/0:/WD0E/DRDINANC/04062403. WPD/sc BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of theabove 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. 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, any other of this sentence, Ordinance X. sentence, phrase, or word of this invalid or unconstitutional or if incapable of being annexed by the the adjudication shall not affect section, sentence, phrase, word, paragraph or provision Ordinance or the application of any other section, phrase, word, paragraph or provision of any other 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 ofany 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 ofall the Council members present, the requirement for reading this ordinance on two separate days was dispensed Lw�ith. 1 day READ, PASSED, and ADOPTED on first reading this 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 N� W' a t• of Round Rock, Texas ATTEST: OkizhvE a ne CHRISTINE R. MARTINEZ, City Seci$tary 5 Exhibit "A" FIELD NOTES 1-16-04 BEING a tract or parcel of land situted in the City of Round Rock, Williamson County, Texas, and being a part of the Memucan Hunt Survey, Abstract No. 314, and being a 0.7917 acre tract of land out of a called 2.00 acre tract of land described in a Warranty Deed to Larry Lea and wife, Lynda Lea, recorded in Volume 923 at Page 228 Williamson County, Texas Deed Records, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found for corner at the southeast corner of the called 2.00 acre tract of land, said corner being on the west line of a called 1.513 acre tract of land conveyed to Oliver Gustaf Leppin, recorded in Volume 873 at Page 677 Williamson County, Texas Deed Records; THENCE S75degrees59'50"W and with the south line of the called 2.00 acre tract of land a distance of 216.17 feet to a 1/2" iron rod found for corner at the southwest corner of the called 2.00 acre tract of land; THENCE NOldegrees53'00"W and with the west line of the called 2.00 acre tract of land a distance of 165.33 feet to a 1/2" iron rod found for corner on the south line of State Highway 45; THENCE with the south line of State Highway 45 and a curve to the left having a radius of 5788.00 feet, a chord distance of 215.59 feet and a chord bearing of N76degrees46'39"E to a 1/2" iron rod found for corner, corner being on the west line of the Leppin called 1.513 acre tract of land; THENCE SO 1 degrees52'30"E and with the west line of the Leppin tract of land a distance of 162.34 feet to return to the Place of Beginning and containing 0.7917 acres of land. ark i i Rust Land Surveying REFERENCE/ 04-007 REFERENCE IME 0.9ARR ROST P.O.BPr181,1butlFw3,Tom 11690 SOEEr ADDRESS LOUIS HENNA OOkw lsu1z11609)P¢o(snJ 23x6030 IEC DESCRIPTION 0.7917 Acres out of the MEMUCAN HUNT SURVEY, A-314 (See Field Notes) COUNTY TRAVIS SATE OF TEXT CITY ROUND ROCK 1I.O6Ac. WDLlnvellmmtr,I=. LEGEND 0 B Doc.No20000019I8 5 75'59'50"W 216.17' (S 75'58'44"W 216.22•) �.`.wwxraws a RL er 1D]e corouser W an w, i swwwlo.°lm uw ae sr4Rpgaa Po. xwal s w = MEMUCAN HUNT SURVEYf A-314 1^ _ ao' snE1 roWER 0.7917 Ac. h W N 1513 Ac. o Q) Oliver GWwt4LCPPM V.873 P.677 O nice cxos n WDL Imeeane+as,lac. This property____oafs Nor Te withino-rO 'Doc.No2000001918 the 100 year floodplain, d anhas a za^ne x rating as in... f_ the noxa insurance rote pe 0 COIVC F.I.R.M MAP No. Panel —03=-- Dated _ 1-3-JL Vl -.'.S h mis certification is for '. ante purposes only and is notsar guarantee that this property will or will not flood. 5>] u1 34 SUBJECT TO A RIGHT OF WAY ESW. TO TEXAS POWER h IJGHT CO. AS RECORDED IN V.828 P.549, WIt1UMSON A$PHALr COJNTY DEED RECORDS SU ECT TO A nlD ESMT. TO TID(S POWER t LIGHT OF Ra.w.ux '....- " w. x x46 00.AS RECORDED IN V.632 P.824,TRAVIS COUNTY GEED S F P o RECORDS A.j'� 1yr9x'fo CH=N 76'46'39"E 215.59' !! 11th F R=5788.00 W RUST ' Retnainder2.00Ac. �(�` Y♦ 1815 t% Larry d Linda Lea , rsslo�JO � V923 P228 � SU STATE HWY.45 TO THE LIENHOIDER AND/OR OWNERS OF THE PREMISES SURVEYED PND TO TE%AS OMERICPN TRW E CPANY DATE 1-16-04 TT-,,RI.RCES GUARANtt COMPANY R¢D MpxzFR/SP 1-15-a4 TITLE CO TAICO a RR I do hereby certify that this survey was this day mode on the Dn"nNa ,,e 1-1e-a4 gmund of the property legally described hereon and thot there 'w-'rux 901-06-1010 a, na boundary, line conflicts, encroachments. overlapping of JOS. No. 04-007 mprove ants, or reads in place, except as shown hereon and <aWtEcnaN SCALE 1. = 30 certilies only to the legal description and eoeemente shown uP mTE on the referenced title commitment. Date: Annexation Area: Provision of Service: EXHIBIT B PROVISION OF SERVICES PLAN June 9, 2004 .7917 acres of land (Lea 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. Lea Tract Annexation • .7917 acres DATE: June 18, 2004 SUBJECT: City Council Meeting - June 24, 2004 ITEM: 16.D.3. Consider an ordinance annexing .7917 acres of land out of the Memucan Hunt Survey. (Lea Tract) (737 Louis Henna Boulevard) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: The annexation will provide an increase in commercial development and an increase in ad valorem taxes. A copy of the service plan is attached. Funding: Cost: N/A Source of funds: N/A Outside Resources: Larry and Linda Lea Background Information: This .7917 acre tract is located south of State Highway 45 and east of Greenlawn Blvd. The purpose of the annexation is to provide city services to the development. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government Code. RECORDED DOCUMENT FOLLOWS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 11 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2004051981 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- 24-16D3, which annexes 0.7917 acres of land out of the Memucan Hunt 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. D ft e 1i/3 11, 1 t _ . CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. A-0-1-06-494-11003 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.7917 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, 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 .7917 acres out of the Memucan Hunt, Abstract No. 314, 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 ®PFDesktop\::OCMA/WORLDOX/O:/W00%/DRDINANC/D40624D3.WPD/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. 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, X. sentence, phrase, or word of this Ordinance be found to be illegal;. invalid or unconstitutional or if any portion of said property is City, for any reason whatsoever, incapable of being annexed by the 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. A11 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 mption 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 of Mal , 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. at/ day 4 ATTEST: Oituta ?") Nl W't a t• of Round Rock, Texas CHRISTINE R. MARTINEZ, City Sec4'tary 5 Exhibit "A" FIELD NOTES 1-16-04 BEING a tract or parcel of land situted in the City of Round Rock, Williamson County, Texas, and being a part of the Memucan Hunt Survey, Abstract No. 314, and being a 0.7917 acre tract of land out of a called 2.00 acre tract of land described in a Warranty Deed to Larry Lea and wife, Lynda Lea, recorded in Volume 923 at Page 228 Williamson County, Texas Deed Records, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found for corner at the southeast corner of the called 2.00 acre tract of land, said comer being on the west line of a called 1.513 acre tract of land conveyed to Oliver Gustaf Leppin, recorded in Volume 873 at Page 677 Williamson County, Texas Deed Records; THENCE S75degrees59'50"W and with the south line of the called 2.00 acre tract of land a distance of 216.17 feet to a 1/2" iron rod found for corner at the southwest corner of the called 2.00 acre tract of land; THENCE NO l degrees53'00"W and with the west line of the called 2.00 acre tract of land a distance of 165.33 feet to a 1/2" iron rod found for corner on the south line of State Highway 45; THENCE with the south line of State Highway 45 and a curve to the left having a radius of 5788.00 feet, a chord distance of 215.59 feet and a chord bearing of N76degrees46'39"E to a 1/2" iron rod found for corner, corner being on the west line of the Leppin called 1.513 acre tract of land; THENCE SOldegrees52'30"E and with the west line of the Leppin tract of land a distance of 162.34 feet to return to the Place of Beginning and containing 0.7917 acres of land. �C� Rust Land Surveying REFERENCE/ 04-007 REFERENCE NAME O'BARR ROST P.O.Baa7V Ai ussf 3T.734tl STREET MORESS LOUIS HENNA Gra,(512)LAM F.(512)yga,B,p LEGAL DESCRIPTON 0.7917 Acres out of the MEMUCAN HUNT SURVEY, A-314 (See Field Notes) CouNTr TRAVIS STATE OF nous GTY ROUND ROCK 11.06 Ac. p WDLlmulmeNa,Inc. LEGEND 0 B Doc.No.2000001918 ;�';isw iwso110 ` Rea..v„ Rxaa.v„ S 75'59'50"W 216.17' (S 75'58'44"W 216.22') sly NWmdoesp am AL— ua py8 1oa„de mych cp c acme unnr Fnawm E '°ol sae 'mea a i i wwm a„oawrox 5 a „Tan„Ar ee atas4To.Y a�awv r row+se MEMUCAN HUNT SURVEY,A-314 1" 30' rpwEx 0.7977 Ac. .3 a o N n M O S 1313 Ac. OliSw G=wLeppuM V.873 P.677 no ] Rxca wase 'WOL Inwuroema,Inc. DOES N_ ""1 n: . a •;:r. :.';Doc.Na2000001918 the property NOT re within ION me 10o year poo--- and has o ' zone x ----_Nrata mown .°.o ONC- I.R.M. C- o an < flood 'nsuronce to s C map, IR M. MAP No AB10lP panel oSLop Dated _ 1 3 aiT - �! This certfcat'an is for i..... eur ante purposes only and s not agporantee •.• A 2 that this property will or will not flood. Ad .5 r.... 5>] ♦ cuse R ].3 SUBJECT TO A RIGHT OF WAY ESM. TO TEXAS POWER & LICK CO. AS RECORDED IN V.828 P.549. WILUAMSON A$P COUNTY DEED RECORDS SUBJECT TO A UTILITY MATT. TO TEXAS POWER & LIGHT OP _ Aae ui •'� .N4 ii CO. AS RECORDED IN V.632 P.524. TRAVIS COUNTY'DEEDAcP ° RECORDS AP, •e 7y CH=N 76♦46'39 E 215.59' . eo 'rP R=5788.00 w I Larry Rematr 2.00 �Lrda Lea I n 9�.0°•esslo�JO V.923 P.228 tt so R� STATE HWY.45 TO THE LENHOLDER AND/OR OWNERS OF THE PREMSES SURVEYED AND TO TEAS AARRICAN TITLE COMPANY DATE 1-16-04 TiRF RESOURCES GUARANTY COMPANY Felt WORK PR/RP -15-04 TITLE CO TATC0 O RR I do hereby certify that this sUr,ey was thin Gaya made on the ;TME r 1-IB-o♦ G.F 901-04-1018 group, of the property legally d...rrb.d hereon no that there FIRM.CxEO„ X e no bounddry line conflicts, encroachments, orerloparg of JOB. No. 00.-007 repravemenb, road. in place, escapt a shown Nreon, and CORRECnON SCALE 1^ 30' certifies only to the legal description nd easements shown uP wTE on the referenced title Commitment. 1: Date: Annexation Area: Provision of Service: EXHIBIT B PROVISION OF SERVICES PLAN June 9, 2004 .7917 acres of land (Lea 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. Lea Tract Annexation .7917 acres FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004051981 07/01/2004 04:06 PM ALLEN $34.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS