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O-2020-0171 - 6/25/2020ORDINANCE NO. 0-2020-0171 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 7.71 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 7.71 acre -tract of land out of the Memucan Hunt Survey, 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 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 0112.20202; 00448082 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. 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. TI A 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 U 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 0A day of I'LlW-j , 2020. Alternative 2. READ and APPROVED on first reading this the day of , 2020. READ, APPROVED and ADOPTED on second reading this the day of 2020. 4 "0' CRAIG M RGA , Mayor City of Round R , Texas ATTEST: SARA L. WHITE, City Clerk Page 1 of 3 EXHIBIT A Vermeer Tract Field Notes for 3.892 acres, more or less, out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, being that 5.011 acre tract recorded in Document No. 9824283, Williamson County Official Public Records (WCOPR), SA VE AND EXCEPT that 1.106 acre tract conveyed to the State of Texas by Deed Recorded in Document No. 2003065330, WCOPR, said 3.892 acres being described by metes and bounds as follows: Beginning at a 1/2" steel pin found at the southeast corner of said 5.011 acres and the southwest corner of a 5.00 acre tract recorded in Book 2335, Page 260, WCOPR, in the north ROW line of Round ville Lane, for the southeast corner hereof; THENCE S 66 degrees 18 minutes 25 seconds W 301.80 feet with the south line of said 5.011 acres and the north ROW line of Roundville Lane to a computed point for the southwest corner of said 5.011 acres and the southeast corner of Lot 1, TXU Substation Subdivision, as recorded in Cabinet T, Slide 98 of the Williamson County Plat Records, for the southwest coiner hereof; THENCE N 18 degrees 11 minutes 56 seconds W 576.59 feet with the east line of said Lot 1, passing at 0.85 feet a 1/2" steel pin found, to a mag nail set in a steel lid on a 4'x6' vault on the south ROW of State Highway 45, as described in Document No. 2003065330, WCOPR, for the southwest corner hereof; THENCE, with the south ROW of State Highway 45 the following two courses: 1) N 69 degrees 22 minutes 12 seconds E 85.40 feet to a 1/2" steel pin set with orange cap for angle, 2) N 71 degrees 46 minutes 01 seconds E 214.05 feet to a 1/2" steel pin set with orange cap for the northeast corner hereof, THENCE S 18 degrees 18 minutes 25 seconds E 551.45 feet with the west line of said 5.00 acres and east line of said 5.011 acres to the POINT OF BEGINNING, containing 3.892 acres of land, more or less. Bearing basis is the west line of said 5.011 acre tract. Page 2 of 3 EXHIBIT A Bobcat Tract FIELD NOTES FOR 3.62 ACRES OF LAND OUT OF: THE MEEIiCAN HUNT SURVEY, ABSTRACT 314, IN IYILLIA>LSON COUNTY, TEXAS, BEING A,5_.00..AORE TRACT_ CONVEYED TO CWC PARTNERSHIP BY DEED RECOROED • IN BOOK 2335� 'PAGE. 260,, LYILLIA)ASNI COUNTY OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT A -1.781•ACRE TRACT (PARCEL 203i'GONVEYEO TO STATE OF TEYAS BY DEED' RECOHDEO•IN DOCUAIEAT NO, 2003051695, SAID 3.82 ACRES•:BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGiNAMG at a, 1/21..1 steel pin found at.the southwest corner of said 5.00 adr'es, also the, southeast. corner of a 5.:,011: acre .tract conveYed to. Vermeer Equiomen.t .of Texas inc. -by deed recorded,in Dacument No. 2010066248, Williamson,P66nty.Official Public'.Fecords (WCOPR), being. also the in the north right-Df-way (Ravi) line of Obundvillo Lane; for the southwest c:Drner hereof; THENCE Nfe15128^4Y 551.36 feet w-fth the mutual- line of said S.CO acres and 5.011 acres, generally follolwi.ng a fencep toi a V* steel pin found with a broken cap -at the southwest corner of ,said 1.18f acres, for th'e`northwest corner Hereof; THENCE with t6a south line of said 1.181 acres these courses; 1) N7.1"47i-0i"E 242:91'feet,. with the south line 'of said 1.181 acres to. a.TXDOT brass disd.�fcund in ooncrete Yo.•r angle, 2) N76'43''50"E. 76.01 feet to a.:�i" .'sfeeT; pin with cap found at the:.:Southeast. corner Of said.:1:.i81 -acres, ,also the::nortM4est corner of" a 1.911 acre tract'C66Jeyed to Daugherty Family Aogistered Limited. Liability Partnership #i, for the northeast corner hereof; 1HENCE .SJ0702127"E 424.61 feet with the east.Iins of .said 5.00 acras, generally follaiving a fence, to'-'* V steel piri found at the° southwest corner of al .00 acre tract -conveyed to T•exas�and lAaria Fleniken'•by' deed;'recorded• in'Book 1590, Page 3o9,'. NCOPA, said- pin also. beih6-'in • the 'north R014 line of Roundvi.11e Labs, for the southeast goriler Hereof.; THENCE •4ri.th: *ihe harth' ROW line of Roundville Lane 'and south line of said 5:00 acres; generally following a:tence, these 2.courses: 1) S2-e20'30"YY. 158:01. feet to• a '` steel,pin :found for angle,. 2) Sdn4'12"14-207.14 feet -to the POINT OF .BEGINNING, containing 3.82 acres of land; more ar-Aess. Page 3 of 3 N W E S na� Her Bobcat Tract Subject Tract 3.82 ac. Total Acreage 7.71 ac. Vermeer Tract 3.89 ac. rd fou 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 Deeds recorded as Document No. 0obL g y () O icial Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. s) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by ✓vr� ����`� this Z G day of , 20 2-n , A.D. �w HEATHER WILKINS x r Notary ID #126155505 My Commission Expires June 21. 2023 ACKNOWLEDGMENT (INDIVIDUAL) Notary Public, State of Texas This instrument was acknowledged before me on the Z day of tW , 20 ?ct by Notary Public, State of Texas ELECTRONICALLY RECORDED 2020077842 Williamson County, Texas Total Pages: 11 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. 0-2020-0171 which annexes a 7.71-acre tract of land out of the Memucan Hunt Survey, Abstract No. 314 in Williamson County into the city limits of Round Rock. This ordinance was approved and adopted at a regular meeting held by the City Council on the 25th day of June 2020 and recorded in the City Council minute book no. 62. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of July 2020. .y'# fr- t SARA L. WHITE, TRMC, City Clerk ���.�®� „t e ®e f e r +r e r�,' ®e.e®e® 2020077842 Page 2 of 11 ORDINANCE NO. 0-2020-0171 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 7.71 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 7.71 acre-tract of land out of the Memucan Hunt Survey, 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 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 0112.20202,00448082 2020077842 Page 3 of 11 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 2020077842 Page 4 of 11 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 2020077842 Page 5 of 11 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 day of Jot e) , 2020. Alternative 2. READ and APPROVED on first reading this the day of , 2020. READ, APPROVED and ADOPTED on second reading this the day of , 2020. 4 2020077842 Page 6 of 11 CRAIG RGA , Mayor City of Round R , Texas ATTEST: SARA L. WHITE, City Clerk 5 2020077842 Page 7 of 11 Page 1 of 3 EXHIBIT A Vermeer Tract Field Notes for 3.892 acres, more or less, out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, being that 5.011 acre tract recorded in Document No. 9824283, Williamson County Official Public Records (WCOPR), SA VE AND EXCEPT that 1.106 acre tract conveyed to the State of Texas by Deed Recorded in Document No. 2003065330, WCOPR, said 3.892 acres being described by metes and bounds as follows: Beginning at a 1/2" steel pin found at the southeast corner of said 5.011 acres and the southwest corner of a 5.00 acre tract recorded in Book 2335, Page 260, WCOPR, in the north ROW line of Round ville Lane,for the southeast corner hereof; THENCE S 66 degrees 18 minutes 25 seconds W 301.80 feet with the south line of said 5.011 acres and the north ROW line of Roundville Lane to a computed point for the southwest corner of said 5.011 acres and the southeast corner of Lot 1, TXU Substation Subdivision, as recorded in Cabinet T, Slide 98 of the Williamson County Plat Records, for the southwest corner hereof; THENCE N 18 degrees 11 minutes 56 seconds W 576.59 feet with the east line of said Lot 1, passing at 0.85 feet a 1/2" steel pin found, to a mag nail set in a steel lid on a 4'x6' vault on the south ROW of State Highway 45, as described in Document No. 2003065330,WCOPR, for the southwest corner hereof; THENCE, with the south ROW of State Highway 45 the following two courses: 1) N 69 degrees 22 minutes 12 seconds E 85.40 feet to a 1/2" steel pin set with orange cap for angle, 2) N 71 degrees 46 minutes 01 seconds E 214.05 feet to a 1/2" steel pin set with orange cap for the northeast corner hereof; THENCE S 18 degrees 18 minutes 25 seconds E 551.45 feet with the west line of said 5.00 acres and east line of said 5.011 acres to the POINT OF BEGINNING, containing 3.892 acres of land, more or less. Bearing basis is the west line of said 5.011 acre tract. 2020077842 Page 8 of 11 Page 2 of 3 EXHIBIT A Bobcat Tract FIELD NOTES FOR 3.52 ACRES OF LAND OUT OFTHE MET.l1CAN HUNT SURVEY, ABSTRACT 314, IN WILLIAMSON COUNTY, TEXAS, BEING A,5.00..ACRE TRACT_ CONVEYED TO CWC PARTNERSHIP BY OEEO RECORDED'IN BOOK 2335, 'PAGE. 2G0,, WILLTA]SSO$1 COUNTY OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT A'1.181.ACRE TRACT (PARCEL 2C3)'CONVEYED TO STATE OF TEXAS BY DEED' RECORDED IN DOCUMENT NO, 2003051695, SAID 3.82"ACRES•:1EIUG DESCRIBED BY METES ANO BOUNDS AS FOLLOWS:' BEGINNING at a,1/2'.' 'steel pin found at.the southwest corner of said 5.00 acres, also the. southeast. corner of a 5.4011:acre tract conveyed to, Vermeer Equipment of Texas Inc. by deed recarded,in Document No. 2010066248, Williamson,County Official Pub.i .Reoords 'iMOPR), being also the in the north right-of-way (ROW) line of Roundville Lana; for the southeest corner hereof; THENCE N7ae15'2e1Y 551.36 feet with the mutual line of said 5.00 acres and 5.011 acres, generally following a fence, to a V" steel pin found with a broken cap at the southwest corner of ,said 7,181'acres, for that northwest corner hereof; THENCE with the south line bf said 1.181 acres these 2 courses: 1) N7.1948O'01"E 2.42:91''feet with the south line of said 1:181 acres to a.TXDOT brass disd found in concrete for en$la; 2) N70743'506E. 78.01 feet to a.;§".steel;pin with cap found at the .southeast corner of said, 1:.181•acres,,also the::northWest corner a-fa, 1.917 acre tract'conveyed to Daugherty Family Registered Limited. Liability Partnership #1, for 'the northeast corner hereof; THENCE .S18°02'27"E 424.61 feet with the east.line of .said 5.00 acres, generally fol'loning a fence, .td:a; " steel pin found at the southwest corner of a 1.00 acre tract conveYed to Texasland Maria Flaniken'by deed;recorded in Book 1590, Page 300,'. WCOPA, said pin also. be.ing-'in'the north ROW line of Roundvi. Le Lane, for the southeast darner hereof; THENCE .tid.th,'the north' ROW line of Roundville Lane and south line of said 5400 acres; generally following a;fence, these 2.cdurses: 7) S27°20'30"W.15B4O1.feet to•a' '`steel,pin found for angle, g) sd6"s4'12"11f-207:.14 feet'to the POINT OF .BEGINNING, containing 3.82 acres of land; more or-less. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation N 2626677842 Page 9 of 11 M V .0 v . .., ,.,= ' '•\1, ..\., 1. ,)\ 0 ■ ened L )Cti 1 v o0 O M CC] .0,_ CA i f r . ik X 4 O "..,. elf. , • \ \ , \ N .Ca O ✓ ti • L I` L 1- V ✓ co ,� i � 00 ch 40 ma . \\1.1, to I W a) OIL _ �W � H 2020077842 Page 10 of 11 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 DESCRIBEEDTRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No201���, Offical Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. wner(s) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by p�✓v�h -�117#7`7 this 2 G day of Mot n, 20 � , A.D. , �>a'�v� HEATHER WILKINS i�`� Notary ID X126155505 b}zi,n � L/fv� a,(2a `-' .r,7�I, My Commission Expires •f�f tE June 21, 2023 Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 2 60 day of ITYRy , 20 2ra by Notary Public, State of Texas 2020077842 Page 11 of 11 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020077842 Pages: 11 Fee: $61 .00 07/14/2020 10:55 AM �AS E Of P11 `V • � tir Nancy E. Rister,County Clerk Williamson County,Texas