O-2018-5159 - 2/8/2018 ORDINANCE NO. 0-2018-5159
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.11
ACRES OF LAND, OUT OF THE W. BARKER SURVEY, ABSTRACT
NO. 107, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO 317,
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 5.11-acre tract of land out of the W. Barker Survey, Abstract No. 107, and the
Memucan Hunt Survey, Abstract No. 317, 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 petition for annexation is attached as Exhibit "B" hereto and
incorporated herein for all purposes, 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 Property is (1) one-half mile or less in width; (2) contiguous to the
City; and (3) vacant and without residents, or on which less than three (3) qualified voters
reside, and
0112.1804;00394113
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
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.
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.
2
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.
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.
3
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.
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 8� day of
2018.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2018.
READ, APPROVED and ADOPTED on second reading this the day of
, 2018.
4
CRAIG OR or
City of ound Ro , Texas
ATTEST:
SARA L. WHITE, City Clerk
5
EXHIBIT"A"
CRICHTON AND ASSOCIATES
LAND SURVEYORS
6448 IIIGHWAY 29017-AST SUITE B-105
AUSTIN.TEXAS 78723
512-244-3395
FIELD NOTES
5.1076 ACRES
FIELD NOTES FOR A 5.1076 ACRE TRACT OUT OF THE W. BARBER
SURVEY, AH,STRACT NO. 107, AND THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 317, IN WILLIAMSON COUNTY, TEXAS, BEING THE
SAME LAND DESCRIBED AS 5.11 ACRES CONVEYED TO JAMES
BURROWS, IN DEED RECORDED IN VOLUME 681, PAGE 797, AND
CORRECTION THEREOF RECORDED IN VOLUME 715,PAGE 929 OF THE
DEED RECORDS OF WILLIAMSON COUNTY,TEXAS.SAID 5.1076 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a i2-inch iron rod lbund in the centerline of that certain 50-foot wide road casement
recorded in Volume 659,Page 405,and Volume 686,Page 2-11 of the Deed Records of Williamson County,'Texas.
known as Glenn Drive,being a corner of a 84.538 acre tract as conveyed to Continental Homes of Texas,LP in
Document No.2013010795,Official Public Records.Williamson County.Texas and for the most NorthwcsterIy
comer of this tract and the POINT OF BEGINNING.
THENCE,S 620 27112-E•;,with ilia comintm title of said 84.538 acre tract,passing a IR-inch Iron rod at
25.00 feel marking the East line of said 50-fool wide read easement continuing with the common line of sold 84.538
acre in all a total distance of 574.77 feet to a 518-inch Iron rod found on the Eastern line of said 84.538 acre tract.
and marking a point on the West line of a 20 52 acre tract of land as conveyed to Sovran Acquisition Limited
Partnership in Document No. 2004062343, Official Public Records. Williamson County, Texas, for the most
Northeasterly comer of this tract.
THENCE,S 27°35'23"W,with the West line of said 20. 2 acre tract,a distance of 291.59 feet to a 518
inch iron rod marking n point on the West line of said 20 52 acre tract.
THENCE,S 270 32128"W,continuing with the West line ofsaid 20.52 acre tract and the East line of this
tract for a distance of 95.42 feet to a 5/8-inch iron rod being on the East line of said 84.538 acre tract for the
Southeast corner of this tract.
THENCE,N 620 27119"W,with ilia common line ofsaid d 84.538 acre tract at 550.19 feel passing a 112-
inch iron rod and marking the East line of said 50-lbol wide road easement;in all a distance 575.19 feet to a I/2-
inch iron rod found in the centerline of said Glenn Drive and marking an angle point on East line of said 84.538 acre
tract,for the most Southwesterly corner of this tract.
THENCE,N 270 38'37"E,with the centerline of sold 50-Coot wide road easement Glenn Drive,for a
distance of 386.98 feet to the POINT OF BEGINNING and containing 5.1076 acres of land more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the ground,under my
supervision and ars true and consct,to the best of my knowledge and belief.
Witness my hand and seal this the 28th day of December,2015.
Revised March 24,2016 F
Herman Crichton R.P.L.S.4046 �- CNG jjl
11 237 HERI lA..GRA
4046
Exhibit"A"
WARRANTY DEED Page I Burrows Tract
16401723v.2
EXHIBIT
..B„
ANNEXATION OR CITY LIMITS EXTENSION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of land, which is (1) one-half
mile or less in width, (2)contiguous to the city limits, and (3)vacant and without residents,
or on which less than three (3) qualified voters reside, hereby petition your Honorable
Body to extend the present city limits so as to include as a part of the City of Round Rock,
Texas, the property described in Exhibit"A", attached hereto and made a part hereof.
We hereby certify, under oath, that:
WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF
LAND, as conveyed to us in Deed(s) recorded as Document No.2016057581, Official
Public Records of Williamson County.
Ian Cude, P.E. —Assistant Secretary
Continental Homes of Texas, LP
SUBSCRIBED QND SWORN TO BEFORE ME, a notary public, by
0�
this�,0 day of January, 2018, A.D.
Notary Public, State o exas
ACKNOWLEDGMENT (CORPORATE)
This instrument was acknowledged before me on the 1 Q day of Janua , 2018, by Ian
Cude, the Assistant Secretery, of Continental Homes of Texas, LP, a Texas Limited
Partnership, on behalf of said Limited Partnership.
RACHEL BARING
1�,,
No�Y PAC„store d Texas Gtxnnt.+x+��a�1021
Notary ID 131157%1 Notary Public, State of Texa
_.. For Office Use Onl
DATE RECEIVED:
i CITY COUNCIL HEARING DATE:
_. ..._.._..___............_......__ __ �
ELECTRONICALLY RECORDED 2018011227
Williamson County, Texas Total Pages: 9
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 of Round Rock and the attached is a
true and correct copy of Ordinance No. 0-2018-5159 which annexes approximately 5.11 acres
located southeast of the intersection of Louis Henna Blvd and Warner Ranch Drive. This ordinance
was approved and adopted at a regular meeting held by the City Council on the 8th day of
February 2018, recorded in the City Council minute book no. 62.
CERTIFIED by my hand and seal of the City of Round Rock,Texas on this 9th day of February
2018.
. raw,
SARA L. WHITE, TRMC, City Clerk
0"
A�l
X
X
o
,1A ®®®®seer
11
1�
2018011227 Page 2 of 9
ORDINANCE NO. 0-2018-5159
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.11
ACRES OF LAND, OUT OF THE W. BARKER SURVEY, ABSTRACT
NO. 107, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO 317,
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 5.11-acre tract of land out of the W. Barker Survey, Abstract No. 107, and the
Memucan Hunt Survey, Abstract No. 317, 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 petition for annexation is attached as Exhibit "B" hereto and
incorporated herein for all purposes, 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 Property is (1) one-half mile or less in width; (2) contiguous to the
City; and (3) vacant and without residents, or on which less than three (3) qualified voters
reside, and
0112 1804;003941 1J
2018011227 Page 3 of 9
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
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.
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.
2
2018011227 Page 4 of 9
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.
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.
3
2018011227 Page 5 of 9
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.
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 8 day of
, 2018.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2018.
READ, APPROVED and ADOPTED on second reading this the day of
, 2018.
4
2018011227 Page 6 of 9
CRAIGVORGAN, or
pound
City of Rofs. , Texas
ATTEST:
e Vt2ialUt
SARA L. WHITE, City Clerk
5
2018011227 Page 7 of 9
EXHIBIT"A"
CRICHTON AND ASSOCIATES
LAND SURVEYORS
6448 IIIG1•JWAY 290 EAST SI IITE 11-105
AUSTIN.TEXAS 78723
512-244-3395
FIELD NOTES
5.1076 ACRES
FIELD NOTES FOR A 5.1076 ACRE TRACT OUT OF THE W. BARKER
SURVEY, ABSTRACT NO. 107, AND THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 317, IN WILLIAMSON COUNTY, TEXAS, BEING THE
SAME LAND DESCRIBED AS 5.11 ACRES CONVEYED TO JAMES
BURROWS, IN DEED RECORDED IN VOLUME 681, PAGE 797, AND
CORRECTION THEREOF RECORDED IN VOLUME 715,PAGE 929 OF THE
DEED RECORDS OF WILLIAMSON COUNTY,TEXAS.SAID 5,1076 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2-inch iron rod found in the centerline of that certain 50-foot wide road easement
recorded in Volume 659,Page 405,and Volume 686,Page 241 of the Deed Records of Williamson County,Texas,
known as Glenn Drive,being a corner of a 84.536 acre tract as conveyed to Continental Names of Texas, LP in
Document No. 2013010795,Official Public Records. Williamson County. Texas and for the most Northwesterly
comer ofthis tract and the POINT OF BEGINNING.
THENCE,S 62°27'12"E,with the common lire of'said 84 538 acre tract,passing a 112-Inch iron rad at
25.00 feet marking the East line of said 50-foot wide road easement continuing with the common line of said 84.538
acre in all a total distance 131'574.77 feet to a 518-inch iron rod found on the Eastern line of said 84.538 acre tract
and marking a point on the West line of a 20 52 acre tract of land as conveyed to Sovran Acquisition Limited
Partnership in Document No. 2004062343, Official Public Records, Williamson County, Texas, for the most
Northeasterly corner ot'this tract.
THENCE,5 27°35'23"W,with the West line of said 20.x2 acre tract,a distance of 291.59 feet to a 5/8
inch iron rod marking a point on the West line of said 20 57 acre tract.
THENCE,S 27°32'28"1V,continuing with the West line of said 20.52 acre truet and the East line ofthis
tract for a distance of'95.42 feet to a 5/8-inch iron rod being on the East line of said 84.538 acre tract for the
Southeast corner of this tract_
THENCE,N 62°27' 19"W,with the common line of said d 84.536 acre tract at 550.19 feet passing a 112-
inch iron rad and marking the East line of said 50-fool wide road easement,in all a distance 575.19 feet to a 1/2-
inch iron rod found In the centerline of said Glenn Drive and marking an angle point on East line of said 84.538 acre
tract,for the most Southwesterly corner of this tract.
THENCE,N 27°38'37"E,with the centerline of said 50-foot wide road easement Glenn Drive, for a
distance of 386.98 feet to the POINT OF BEGINNING and containing 5.1076 acres of land more or less
I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my
supervision and are true and correct,to the best of my knowledge and belief.
Witness my hand and seal this the 28th day of December,2015.
Revised March 24,2016 �FAarr�
ciRP.L.S.4046 ^%- ,,
1I 237 HERNA"iGPoC�D1Ji�
'11:7;4710 , r
Exhibit"A"
WARRANTY Deco Page 1 Burrows Tract
16401723v.2
2018011227 Page 8 of 9
EXHIBIT
..Er
ANNEXATION CITY LIMITS EXTENSION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of land, which is (1) one-half
mile or less in width, (2)contiguous to the city limits, and (3)vacant and without residents,
or on which less than three (3) qualified voters reside, hereby petition your Honorable
Body to extend the present city limits so as to include as a part of the City of Round Rock,
Texas, the property described in Exhibit"A", attached hereto and made a part hereof.
We hereby certify, under oath, that:
WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF
LAND, as conveyed to us in Deed(s) recorded as Document No.2016057581, Official
Public Records of Williamson County.
. ,A4
Ian Cude, P.E. Assistant Secretary
Continental Homes of Texas, LP
SUBSCRIBEDND SWORN TO BEFORE ME, a notary public, by
n
\ CAI&t, this 16 day of January, 2018, A.D.
C-Chl Q' nr
Notary Public, State o Texas
ACKNOWLEDGMENT (CORPORATE)
This instrument was acknowledged before me on the la day of January, 2018, by Ian
Cude, the Assistant Secretery, of Continental Homes of Texas, LP, a Texas Limited
Partnership, on behalf of said Limited Partnership.
RACHEL
osNpJpG 2Nrn
Chi
• Notary 1013115 1 Notary Public, State of Texa
For Office Use Only
DATE RECEIVED;
f CITY COUNCIL HEARING DATE:
1
2018011227 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018011227
Pages: 9 Fee: $49.00
02/09/2018 01 :49 PM
,
,If. i�� •I .l v ���
Nancy E. Rister,County Clerk
Williamson County,Texas