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A-94-06-23-8F - 6/23/1994ORDINANCE NO. ! ' - q - o - Z —8F High Country Section 4 Voluntary Annexation AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS; 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. WHEREAS, the City Council of the City of Round Rock, Texas (the "City "), pursuant to the Municipal Annexation Act, Texas Local Government Code, §43.001, et seq., as amended, and Section 1.03 of the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex additional territory lying adjacent and contiguous to the City, which territory is described in Exhibit "A ", which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and, WHEREAS, two separate public hearings were conducted in accordance with Section 43.052 of the Local Government Code, the first being held at 7:00 p.m. on the 26th day of May, 1994, at City Hall, Round Rock, Texas; and the second hearing being held at 6:00 p.m. on the 2nd day of June, 1994 at City Hall, Round Rock, Texas; and WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of public hearings was published in a newspaper of general circulation in the City of Round Rock and in the territory proposed to be annexed by publication, at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and WHEREAS, additional notice by certified mail was given to railroad companies, if any, servicing Round Rock and not within the boundaries of any other city. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. 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. High Country Section 4 Voluntary Annexation Section 2. That the property described in Exhibit "A ", which exhibit is 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. Section 3. That the owners and 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. Section 4. 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. Section 5. 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. Section 6. That this Ordinance shall become effective after its passage. Section 7. 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. Section 8. 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. 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. i READ, PASSED, and ADOPTED on first reading this Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. ATTEST: NNE LAND, City Secretary day of High Country Section 4 Voluntary Annexation 1- CHARLES CU ER, Mayor City of Round Rock, Texas EXHIBIT A FIELD NOTES BEING 41.07 acres of land out of the SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, WILLIAMSON COUNTY, and ABSTRACT NO. 440, TRAVIS COUNTY, TEXAS, and being a part of that certain 126.68 acre tract of land described in a deed to William R. Kitts recorded in Volume 1561 at Page 663, Official 'Records, Williamson County, Texas, and being more particularly described . by metes and bounds as follows, to wit: BEGINNING at an iron rod -found in the east line of said 126.68 acre tract, said iron rod also being the southeast corner of Lot 2, Block H, High Country Section Two, a subdivision of record filed In Cabinet J, Slide 33, Plat Records Williamson County, Texas; THENCE S 00° 28' 01" E a distance of 1131.13 feet with the east line of said 126.68 acre tract to an iron rod found at the southeast corner thereof; THENCE N 89' 43' 57" W a distance of 1824.56 feet with the south line of said 126.68 acre tract to an iron rod found at the southwest corner thereof, said iron rod also being the southeast corner of that certain 17.83 acre tract of land described in a deed to LGF, Inc., recorded in Volume 1844, Page 416, Official Records, Williamson County, Texas; THENCE N 00° 14' 03" E a distance of 806.97 feet to an iron rod found; THENCE N 11° 31' 50" W a distance of 324.65 feet to an iron rod found at the intersection of the west line of said 126.68 acre tract and the south line of High Country Blvd.; THENCE N 64° 07' 30" E a distance of 188.20 feet with the south line of High Country Blvd. to an iron rod found at the most northerly northwest corner of that certain 10.060 acre tract of land described in a deed to the City of Austin recorded in Volume 1782, Page 774, Official Records, Williamson County; THENCE along and with the perimeter of said 10.060 acre tract, the following described ten (10) courses and distances to iron rods found: 1) An arc distance of 31.42 feet with a curve to the right, said curve having a central angle of 90° 00', a radius of 20.00 feet, a chord distance of 28.28 feet and a chord bearing of 5 70" 52' 30" E; 2) S 25° 52' 30" E a distance of 225.00 feet; 3) .S 64° 07' 30" W a distance of 115.00 feet; 4) An arc distance of 146.16 feet with a curve to the left, said curve having a central angle of 18° 12' 20 ", a radius of 460.00 feet, a chord distance of 145.55 feet and a chord bearing of S 34' 58' 40" E; 5) 5 44' 04' 51" E a distance of 365.98 feet; 6) 5 89' 43' 09" E a distance of 635.10 feet; 7) N 00' 16' 51" E a distance of 165.00 feet; 8) N 16° 37' 01" E a distance of 169.24 feet; 9) An arc distance of 382.14 feet with a curve to the right, said curve having a central angle of 19° 18' 25 ". a radius of 1134.05 feet, a chord distance of 380.34 feet and a chord bearing of N 63° 43' 50" W, and; _ 10) N 54' 04' 37" W a distance of 294.29 feet to an iron rod found at the most easterly northeast corner of said 10.060 acre tract; THENCE N 54° 04' 37" W a distance of 70.19 feet to an iron rod set; THENCE N 25° 52' 30" W a distance of 121.93 feet to an iron rod set in the south line of High Country Blvd.; THENCE with the south line of High Country Blvd., the following described two (2) courses and distances to iron rods found: 1) N 64' 07' 30" E a distance of 201.15 feet, and; 2) An arc distance of 78.85 feet with a curve to the left, said curve having a central angle of 3. 31' 42 ", a radius of 1280.37 feet, a chord distance of 78.83 feet and a chord bearing of N 62° 21' 39" E to an iron rod found at the most westerly corner of Lot 1, Block G, High Country Section Two; THENCE along and with the west line of said High Country Section Two, the following described seven (7) courses and distances to iron rods found: 1) S 49°'55' 56" E a distance of 210.08 feet; 2) S 49" 37' 23" E a distance of 132.65 feet; 3) S 58' 31' 51" E a distance of 132.65 feet; 4) S 67' 26' 19" E a distance of 132.65 feet; 5) S 76° 20' 47" E a distance of 132.65 feet; 6) S 85" 13' 19" E a distance of 132.65 feet, and; 7) N 89' 31' 59" E a distance of 343.86 feet to the Place of Beginning, containing 41.07 acres of land, subject to easements, conditions or restrictions of record, if any. COALTER 6 ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 9 -16 -93 Updated 3 -11 -94 GATTIS SCHOOL ROAD High Country Annexation poss HIGH COUNTRY SECTION 4 PROPOSED 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION PROVISION OF SERVICE PLAN Date: May 9,1994 Annexation Area: High Country Section 4 Provision of Service: 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: 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES There are none. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. Currently accessible from an existing twelve inch (12") main near the intersection of High Country Boulevard and Winding Way. This system has sufficient capacity to service the proposed annexation area. Currently accessible from an offsite ten inch (10") wastewater interceptor near High Country Boulevard and County Road 170. This system has sufficient capacity to service the proposed annexation area. Date: June 21, 1994 Subject: City Council Meeting, June 23, 1994 Item: 8.F. Consider an ordinance concerning the voluntary annexation of 41.07 acres of land out of the Samuel Jenkins Survey, Abstract No. 347. (High Country Section 4) (First Reading) Staff Resource Person: Joe Vining Recommendation: Approval Two separate public hearings concerning the voluntary annexation were held on May 26, 1994 and June 2, 1994. The purpose of the annexation is to allow the proposed development of the High Country Section 4 (Flower Hill Subdivision), a one hundred eighty - three (183) lot single family project. The ordinance adopting original zoning of SF -2 (Single Family - Standard Lot) will also be presented. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 339/13 14 IC1 RECORDS 1 1AAISO COUNTY, TES XA v0L. 2563PAcE0737 1, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock. Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of the City of Round Rock. Texas, at at a meeting held on the ,5 day of�/�� 19 "1� , which is recorded in the minutes of the City of Round Rock in book _D, WITNESSED by my hand and seal of the City of Round Rock. Texas on this S day of /� , 19 JOANNE LAND Assistant City Manager/ City Secretary voi.2563PaGEO738 .. ORDINANCE NO. + ' -8F High Country Section 4 Voluntary Annexation AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS; 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. WHEREAS, the City Council of the City of Round Rock, Texas (the "City "), pursuant to the Municipal Annexation Act, Texas Local Government Code, §43.001, et seq., as amended, and Section 1.03 of the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex additional territory lying adjacent and contiguous to the City, which territory is described in Exhibit "A ", which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and, WHEREAS, two separate public hearings were conducted in accordance with Section 43.052 of the Local Government Code, the first being held at 7:00 p.m. on the 26th day of May, 1994, at City Hall, Round Rock, Texas; and the second hearing being held at 6:00 p.m. on the 2nd day of June, 1994 at City Hall, Round Rock, Texas; and WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of public hearings was published in a newspaper of general circulation in the City of Round Rock and in the territory proposed to be annexed by publication, at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and WHEREAS, additional notice by certified mail was given to railroad companies, if any, servicing Round Rock and not within the boundaries of any other city. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. 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. vot. 2533PAOE0739 High Country Section 4 Voluntary Annexation Section 2. That the property described in Exhibit "A ", which exhibit is 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. Section 3. That the owners and 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. Section 4. 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. Section 5. 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. Section 6. That this Ordinance shall become effective after its passage. Section 7. 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. Section 8. 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. VO1.2563 PAGE O 74O 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. ATTEST: READ, PASSED, and ADOPTED on first reading this d day of Alternative 2. READ and APPROVED on first reading this the day of . 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. E LAND, City Secretary CHARLES CU ER, Mayor City of Round Rock, Texas Higli Country Section 4 Voluntary Annexation 1994. EXHIBIT A FIELD NOTES BEING 41.07 acres of land out of the SAMUEL JENKINS SURVEY. ABSTRACT NO. 347, WILLIAMSON COUNTY, and ABSTRACT NO. 440, TRAVIS COUNTY, TEXAS, and being a part of that certain 126.68 acre tract of land described in a deed to William R. Kitts recorded in Volume 1561 at Page 663, Official Records, Williamson County, Texas, and being more particularly described . by metes and bounds as follows, to wit: BEGINNING at an iron rod -found in the east line of said 126.68 acre tract, said iron rod also being the southeast corner of Lot 2, Block H, High Country Section Two, a subdivision of record filed in Cabinet J, Slide 33, Plat Records Williamson County, Texas; THENCE S 00' 28' 01" E a distance of 1131.13 feet with the east line of said 126.68 acre tract to an iron rod found at the southeast corner thereof; THENCE N 89' 43' 57" w a distance of 1824.56 feet with the south line of said 126.68 acre tract to an iron rod found at the southwest corner thereof, said iron rod also being the southeast corner of that certain 17.83 acre tract of land described in a deed to LGF, Inc.. recorded in Volume 1844, Page 416, Official Records, Williamson County, Texas; THENCE N 00' 14' 03" E a distance of 806.97 feet to an iron rod found; THENCE N 11' 31' 50" W a distance of 324.65 feet to an iron rod found at the intersection of the west line of said 126.68 acre tract and the south line of High Country Blvd.; THENCE N 64' 07' 30" E a distance of 188.20 feet with the south line of High Country Blvd. to an iron rod found at the most northerly northwest corner of that certain 10.060 acre tract of land described in a deed to the City of Austin recorded in Volume 1782, Page 774, Official Records, Williamson County; THENCE along and with the perimeter of said 10.060 acre tract, the following described ten (10) courses and distances to iron rods found: 1) An arc distance of 31.42 feet with a curve to the right, said curve having a central angle of 90° 00', a radius of 20.00 feet, a chord distance of 28.28 feet and a chord bearing of S 70' 52' 30" E; 2) S 25' 52' 30" E a distance of 225.00 feet; 3) S 64' 07' 30" w a distance of 115.00 feet; 4) An arc distance of 146.16 feet with a curve to the left, said curve having a central angle of 18 12' 20 ", a radius of 460.00 feet, a chord distance of 145.55 feet and a chord bearing of 5 34. 58' 40" E; 5) S 44. 04' 51" E a distance of 365.98 feet; 6) S 89' 43' 09" E a distance of 635.10 feet; 7) N 00' 16' 51" E a distance of 165.00 feet; 8) N 16° 37' 01" E a distance of 169.24 feet; 9) An arc distance of 382.14 feet with a curve to the right. said curve having a central angle of 19' 18' 25 ", a radius of 1134.05 feet, a chord distance of 380.34 feet and a chord bearing of N 63' 43' 50" W, and; SF 2. voi.2563PaGE0741 VOI. 2 3 3PAGEO . 10) N 54' 04' 37" W a distance of 294.29 feet to an icon rod found at the most easterly northeast corner of said 10.060 acre tract; THENCE N 54" 04' 37" W a distance of 70.19 feet to an iron rod set; THENCE N 25. 52' 30" W a distance of 121.93 feet to an iron rod set in the south line of High Country Blvd.; THENCE with the south line of High Country Blvd., the following described two (2) courses and distances to iron rods found; 1) N 64' 07' 30" E a distance of 201.15 feet, and: 2) An arc distance of 78.85 feet with a curve to the left, said curve having a central angle of 3 31' 42 ", a radius of 1280.37 feet, a chord distance of 78.81 feet and a chord bearing of N 62" 21' 39" E to an iron rod found at the most westerly corner of Lot 1, Block G, High Country Section Two; THENCE along and with the west line of said High Country Section Two, the following described seven (7) courses and distances to iron rods found: 1) S 49'•55' 56" E a distance of 210.08 feet; 2) S 49' 37' 23" E a distance of 132.65 feet; 3) S 58' 31' 51" E a distance of 132.65 feet; 4) 5 67' 26' 19" E a distance of 132.65 feet; 5) S 76" 20' 47" E a distance of 132.65 feet; 6) S 85' 13' 19" E a distance of 132.65 feet, and; 7) N 89' 31' 59" E a distance of 343.86 feet to the Place of Beginning, containing 41.07 acres of land, subject to easements, conditions or restrictions of record, if any COALTER a ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 9 -16 -93 Updated 3 - - RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. High Country" Annexation vo1. 25 h 3 PAGE 0 743 GATTIS SCHOOL ROAD HIGH COUNTRY SECTION 4 PROPOSED RECORDERS MEMORANDUM 11 or parts of the text on this page was not clearly legible for satisfactory recordation. v t . 256 3 PAGE O744 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION PROVISION OF SERVICE PLAN Date: May 9, 1994 Annexation Area: High Country Section 4 Provision of Service: 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: 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES There are none. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. Currently accessible from an existing twelve inch (12 ") main near the intersection of High Country Boulevard and Winding Way. This system has sufficient capacity to service the proposed annexation area. Currently accessible from an offsite ten inch (10") wastewater interceptor near High Country Boulevard and County Road 170. This system has sufficient capacity to service the proposed annexation area. I STATE OF TEXAS hereby certify that this instrument was FILED on the date and at the time stamped hereon anme, VW duly Page of the named RECORDED edRECORDS Will Volume County. Texas is stamped nereon by me, on JUL 0 7 1994 COUNTY CLERK WILLIAMSON COUNTY, TEXAS vot.2563)16E0745 —4 N CA) eo 7" 7 -20-, Z, ZI, Ae FILED F ps RECORD W tLLtAtg � It -7 it Z 39 COUNTY CLERK dttilf( d.s.5,6)D .