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O-2014-1823 - 10/9/2014 ORDINANCE NO. 0-2014-1823 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 74.81 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 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 43.021, 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 74.81 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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. 0112.1404;00312257 II. That the City Council has heard the arguments for and against the annexation and has determined to approve 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 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. VI. 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. VII. That this Ordinance shall become effective after its passage. 2 VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. 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. X. 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. 3 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 9-111 day of , 2014. Alternative 2. READ and APPROVED on first reading this the day of , 2014. READ, APPROVED and ADOPTED on second reading this the day of , 2014. /71 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: if; lAaa SARA L. WHITE, City Clerk 4 EXHIBIT DESCRIPTION: A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT 75.876 ACRE TRACT OF LAND (SAVE AND EXCEPT 0.286 ACRES) • CONVEYED TO CHAMPION-MEIER ASSETS, LTD., BY DEED RECORDED IN DOCUMENT No. 2001016161 AND DOCUMENT No. 2001016162 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at a 1/2" iron rod found in the West Line of the said 75.876 Acre Tract at the Southeast Corner of that 0.034 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2001084406 of the Official Public Records of Williamson County, Texas, and at the Southwest Corner of that 0.753 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2001087852 of the Official Public Records of Williamson County,Texas; THENCE across the said 75.876 Acre Tract, along the South Line of the said. 0.753 Acre Tract and along the South Line of County Road 113 (Kiphen Road), the following two courses: 1. N.88°32'07"E. a distance of 1179.10 feet to a 1/2" iron rod set at a pointof .curvature of a curve to the right; 2. Easterly, along the arc of said curve to the right a distance of 97.92 feet, said curve having a radius of 950.00 feet, a central-angle of 05°5420", and a chord bearing.S.88°30'43"E., 97.87 feet to a 1/2" iron rod set at a point in the 'South Line of that 0.286.Acre Tract of land conveyed to Williamson County by deed recorded in Document No. 199929648 of the Official Public Records Of Williamson County, Texas; THENCE along the said South Line of the 0.286 Acre Tract the following two courses: 1. S.79°25'28"E. a distance of 48.67 feet to a 112" iron rod set. 2. S.67°18'12"E. a distance of 361.10 feet to a 1/2" iron rod set in the East Line of the said 75.876 Acre Tract and the West Line of that 0.09 Acre Tract of land (Tract 2) conveyed to MTV Investments, L.P., by deed recorded in Document No. 9608169'of the Official Public Records of Williamson County, Texas; THENCE S.02°45130"E„ along said East Line, the same being theWest Line of the said 0.09 Acre Tract, a distance of 26.12 feet to an aluminum disk stamped CORR found at the Southwest Corner of the said 0.09 Acre Tract; Page 1 of 2 THENCE N.87°26'31"E., along the South Line of the 0.09 Acre Tract and along a North Line of the said 75.876 Acre Tract, a distance of 122.69 feet to a 1/2"iron rod set at the West Corner of that 0.001 Acre Tract of land conveyed to The City of Round-Rock for County Road 113 right of way by deed recorded in.Document • No. 2007040272 of the Official Public Records of Williamson County, Texas and to a point on a non-tangent curve to the left; • THENCE easterly along the arc of said curve, along the South Line of the said 0.001 Acre Tract and across the said 75.876 Acre Tract, a distance of 16.46 feet, said curve having a radius of 1050.00 feet, a central angle of 00°53'53"and a chord bearing S.67°59'29"E., 16.46 feet, to a 1/2" iron rod set at the Southeast • Corner of the said 0.001 Acre Tract and to a point in the East Line of the said 75.876 Acre Tract, the same being the West Line of that 10.00 Acre Tract of land conveyed to the City of Round Rock by deed recorded in Document No. 9614211 of the Official Public Records of Williamson County, Texas; THENCE S.01°12'00"E., along the East Line of the 75.876 Acre Tract and the West Line of the said 10.00 Acre Tract, a distance of 517.19 feet to a nail found in concrete at the Northerly Southeast Corner of the 75.876 Acre Tract and to a point in a North Line of that 425.540 Acre Tract of land conveyed to The City of Round Rock by deed recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas; THENCE along the common line of the 75.876 Acre Tract and the 425.540 Acre Tract the following three courses: 1. S.86°42'45"W., a distance of 356.97 feet to a 1/2" iron rod set; 2. S.01°32'45"W. a distance of 200.38 feet to a 1/2" iron rod set; 3. S.02°28'09"E. a distance of 1181.90 feet to a 1/2" iron rod set at the Southerly Southeast Corner of the 75.876 Acre Tract, (from which point a 1/2" iron rod found bears N.88°16'49"E., 4.22 feet); • THENCE 8.88°16'49"W., along the South Line of the said 75.876 Acre Tract, the same being a North Line of that 75.074 Acre Tract of land conveyed to the City of Round Rock by deed recorded in Document No. 2004059024 of the Official Public Records of Williamson County, Texas a distance.of 1481.32 feet to a 1/2" iron rod•found at the Southwest Corner of the 75.876 Acre Tract and an interior corner of the said 75.074 Acre Tract; THENCE N.00°25'56"W., along the West Line of the 75.876 Acre Tract and an East Line of the 75.074 Acre Tract, distance of 2110.62 feet to the said Point of Beginning. Containing 74.813 acres, more or less. All iron rods set have RJ Surveying caps. • Page 2 of 2 ELECTRONICALLY RECORDED 2014081997 Williamson County Texas THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * I, SARA L. WHITE, City Clerk 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. 0-2014-1823 which annexes 74.81 acres of land out of the Willis Donaho Survey known as the Old Settlers Park — NW Tract. This ordinance was approved and adopted by the City Council at a regular meeting on the 91h day of October 2014. This ordinance is recorded in the official City Council Minute Book No. 60. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 10th day of October 2014. 0 {01 ,► `' ''� ,' +ir. SARA L. WHITE, TRMC, City Clerk sit 1'74�aa as o tri o 44 Iii t '#4, 1 ,144 . %I lira 0) r#44 afaao®aaaaaaa*. ! , Y .4 ' ORDINANCE NO. 0-2014-1823 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 74.81 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 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 43.021, 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 74.81 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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. 0112.1404;00312257 II. That the City Council has heard the arguments for and against the annexation and has determined to approve 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 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. VI. 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. VII. That this Ordinance shall become effective after its passage. 2 VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. 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. X. 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. 3 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 9-111 day of , 2014. Alternative 2. READ and APPROVED on first reading this the day of , 2014. READ, APPROVED and ADOPTED on second reading this the day of , 2014. /71 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: if; lAaa SARA L. WHITE, City Clerk 4 EXHIBIT DESCRIPTION: A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT 75.876 ACRE TRACT OF LAND (SAVE AND EXCEPT 0.286 ACRES) • CONVEYED TO CHAMPION-MEIER ASSETS, LTD., BY DEED RECORDED IN DOCUMENT No. 2001016161 AND DOCUMENT No. 2001016162 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at a 1/2" iron rod found in the West Line of the said 75.876 Acre Tract at the Southeast Corner of that 0.034 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2001084406 of the Official Public Records of Williamson County, Texas, and at the Southwest Corner of that 0.753 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2001087852 of the Official Public Records of Williamson County,Texas; THENCE across the said 75.876 Acre Tract, along the South Line of the said. 0.753 Acre Tract and along the South Line of County Road 113 (Kiphen Road), the following two courses: 1. N.88°32'07"E. a distance of 1179.10 feet to a 1/2" iron rod set at a pointof .curvature of a curve to the right; 2. Easterly, along the arc of said curve to the right a distance of 97.92 feet, said curve having a radius of 950.00 feet, a central-angle of 05°5420", and a chord bearing.S.88°30'43"E., 97.87 feet to a 1/2" iron rod set at a point in the 'South Line of that 0.286.Acre Tract of land conveyed to Williamson County by deed recorded in Document No. 199929648 of the Official Public Records Of Williamson County, Texas; THENCE along the said South Line of the 0.286 Acre Tract the following two courses: 1. S.79°25'28"E. a distance of 48.67 feet to a 112" iron rod set. 2. S.67°18'12"E. a distance of 361.10 feet to a 1/2" iron rod set in the East Line of the said 75.876 Acre Tract and the West Line of that 0.09 Acre Tract of land (Tract 2) conveyed to MTV Investments, L.P., by deed recorded in Document No. 9608169'of the Official Public Records of Williamson County, Texas; THENCE S.02°45130"E„ along said East Line, the same being theWest Line of the said 0.09 Acre Tract, a distance of 26.12 feet to an aluminum disk stamped CORR found at the Southwest Corner of the said 0.09 Acre Tract; Page 1 of 2 2014081997 Page 7 of 7 THENCE N.87°26`31"E., along the South Line of the 0.09 Acre Tract and along a North Line of the said 75.876 Acre Tract, a distance of 122.69 feet to a 112"iron rod set at the West Corner of that 0.001 Acre Tract of land conveyed to The City of Round•Rock for County Road 113 right of way by deed recorded in Document No. 2007040272 of the Official Public Records of Williamson County, Texas and to a point on a non-tangent curve to the left; THENCE easterly along the arc of said curve, along the South Line of the said 0.001 Acre Tract and across the said 75.876 Acre Tract, a distance of 16.46 feet, said curve having a radius of 1050.00 feet, a central angle of 00°53'53"and a chord bearing S.67°69'29"E., 16.46 feet,to a 1(2" iron rod set at the Southeast • . Corner of the said 0.001 Acre Tract and to a point in the East Line of the said 75.876 Acre Tract,the same being the West Line of that 10.00 Acre Tract of land conveyed to the City of Round Rock by deed recorded in Document No. 9614211 of the Official Public Records of Williamson County,Texas; THENCE S.01°12'00"E., along the East Line of the 75.876 Acre Tract and the West Line of the said 10.00 Acre Tract, a distance of 517.19 feet to a nail found in concrete at the Northerly Southeast Corner of the 75.876 Acre Tract and to a point in a North Line of that 425.540 Acre Tract of land conveyed to The City of Round Rock by deed recorded in Volume 1300; Page 489 of the Deed Records of Williamson County,Texas; THENCE along the common line of the 75.876 Acre Tract and the 425.540 Acre Tract the following three courses: 1. S.86°42'45"W., a distance of 356.97 feet to a 1/2" iron rod set; 2. S.01°32'45"W. a distance of 200.38 feet to a 112" iron rod set; 3. S.02°28'09"E. a distance of 1181.90 feet to a 1/2" iron rod set at the Southerly Southeast Comer of the 75.876 Acre Tract, (from which point a 1/2" iron rod found bears N.88°16`49"E., 4.22 feet); THENCE S.88°16'49"W., along the South Line of the said 75.876 Acre Tract, the same being a North Line of that 75.074 Acre Tract of land conveyed to the City of Round Rock by deed-recorded in Document No.. 2004059024 of the Official Public Records of Williamson County,Texas a distance.of 1481.32 feet to a 1/2 iron rod-found at the Southwest Corner of the 76.876 Acre Tract and an interior corner of the said 75.074 Acre Tract; THENCE N.00°25'56'W., along the West Line of the 75.876 Acre Tract and an • East Line of the 75.074 Acre Tract, distance of 2110.62 feet to the said Point of Beginning. 2014081997 Containing 74.813 acres, more or less.' Electronically Recorded All iron rods set have RJ Surveying caps. OFFICIAL PUBLIC RECORDS Nancy E. Rister, County Clerk Page 2 of 2 10/13/2014 8:27 AM Pages: 7 Fee: $45.00 Williamson County Texas