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A-95-07-27-10I - 7/27/1995THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, 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 7ryry at a meeting held on the o(/ day of , 19 q which is recorded in the minutes of the City of Round Rock in Book 33 . CE y my hand and seal of the City of Round Rock, Texas on this ' day of � 19 95 ZainC,CJ Af iciANNE LAND, Assistant City Manager/ City Secretary the City of Round Rock, Texas, WILLIAMSON COUNTY, UNRECORDS D 9 532524 ll 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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 ", 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 22nd day of June, 1995, at City Hall, Round Rock, Texas; and the second hearing being held at 7:00 p.m. on the 27th day of June, 1995 at City Hall, Round Rock, Texas; and K: \ORDINANC \OR50727I. WPD /1£ ORDINANCE NO. p- (15 - O7-0? 7 - la" 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: 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 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. That the owners and inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and 2. 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. IV. 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. V. 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. 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 Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of Clerk of Williamson County, Texas. IX. If any section, subsection, Ordinance be found to be illegal, any portion of said property is City, for any reason whatsoever, the County sentence, phrase, or word of this invalid or unconstitutional or if incapable of being annexed by the the adjudication shall not affect 3. 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. 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 I day of x,vh , 1995. Alternative 2. READ and APPROVED on first reading this the day of , 1995. READ, APPROVED and ADOPTED on second reading' this the day of , 1995. 4 ATTEST: E LAND, City Secretary CHARLES CUL E R, Mayor Round Rock, Texas City of 5. t`� Exhibit A Page 1 Parcel No. 5 FIELD NOTES April 17, 1995 Job Number 94 -338 Page 1 of 1 BEING A 10.00 ACRE TRACT OF LAND BEING OUT OF AND A PORTION OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND A PART OF A 1437.45 ACRE / TRACT OF LAND CONVEYED TO T.E. NELSON JR. AS DESCRIBED IN DEED RECOI.DED IN VOLUME 571, PAGE 446 OF THE DEED RECORDS OF WILLIAMSON- COUNTY, TEXAS SAID 10.00 ACRES BEING HORE PARTICULARLY DESCRIBED BY HETES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod set at the intersection of the north right -of -way line of F.M. 1431 (200' R.O.W.) and the east line of said 1437.45 acre tract, same being the west . line of a 2023.28 acre tract of land conveyed to -Texas - Crushed Stone as described in deed recorded in Volume 880, Page 638 of the Deed Records of Williamson County, Texas, for the POINT OF BEGINNING and the southeast corner of the herein described tract; ' THENCE S 70'19'37" W along the north right -of -way line of '• said F.M. 1431 a distance of 800.23 feet to a 1/2 -inch iron rod set for the most southerly southwest corner of the herein described tract; THENCE crossing through said 1437.45 acre tract the following three (3). courses: 1. a distance of 39.28 feet along the arc of a curve to the right, said curve having a radius of 25.00 feet, a central angle of 90'01'23", and a chord which bears N'64 W a distance of 35.36 feet to a 1/2 -inch iron rod set for a point of tangency; 2. N 19'39'00" W a distance of 507.40 feet to a 1/2 -inch iron rod set for the northwest corner of the herein described tract; 3. N 70'21'00" E a distance of 812•.47 feet to a 1/2 -inch iron rod set in the east line of the aforesaid 1437.45 acre tract and the west line of the aforesaid 2023.28 acre tract for the northeast - corner of the herein described tract; •'' THENCE S 21 E along the'common line between the east line of said 1437.45 acre tract and the west line of said 2023.28 acre tract a distance of 532.23 feet to the POINT OF BEGINNING of the herein described tract and containing 10.00 acres of land. • I HEREBY CERTIFY THAT THIS METES AND BOUNDS DESCRIPTION WAS PREPARED FROM A SURVEY PERFORMED IN THE FIELD UNDER MY SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. OSEPH BEAVERS RECORDERSMEMOB6ND9M A or parts argils) tea on els page was not ab a for satioketaq recordation. Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBrr B PROVISION OF SERVICES PLAN June 22, 1995 Nelson Tract•. Parcel 5 (A 10 acre portion of the proposed Stone Oak Development) 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 subdivision requirements by a 24" main in the RM 1431 right of way at the southeast corner of this tract and also from a connecting 24" main that extends north to the existing one million gallon storage tank. Provided in accordance with subdivision requirements via a 15 inch gravity main located south of RM 1431 (in the Onion Creek tributary). 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. D ' Parcel#7 371.58 Ac. Tract#1 195 Ac. Parcel#4 �M'1431 .5740 Ac. Parcel#2 Parcel#1 .0207 Ac. •6437 Ac. � Parcel#3 3 4.516 Ac. c+ v Tract 2 rn 10 Ac. S Is, f Ca Sark B �M 3406 ss Roa Co. 17 5/25/95 Council adoption of Date, Time and Place Ordinance. 6/5/95 Annexation public hearing notice (advertising 2 Council hearings: 6/22/95 and 6/27/95) delivered to Round Rock Leader 6/5/95 Prepare provision of services plan (must be prepared prior to notice of 1st public hearing) 6/8/95 Notice advertising 2 annexation public hearings published in Leader (14 days before first hearing; 19 days before 2nd hearing) 6/22/95 First annexation public hearing held — Regular Council meeting. (35 days from institution of proceedings) 6/26/95 Public hearing notice (advertising two zoning public hearings: 7/12/95 P&Z and 7/27/95 Council) delivered to Leader 6/27/95 Second annexation public hearing held — Special called Council meeting. (30 days from institution of proceedings) 6/29/95 Original zoning public hearing notice (advertising two zoning public hearings: 7/12/95 P&Z and 7/27/95 Council) published in Leader (13 days from P&Z and 28 days from Council) 7/12/95 a. Public hearing held by P&Z on original zoning; b. Commission formulation of original zoning recommendation. 7/27/95 INSTITUTION OF ANNEXATION PROCEEDINGS: a. Council original zoning public hearing; b. Adoption of annexation c. Adoption of zoning (Start count of 90 day window for completion of annexation if required) Nelson Tract Annexation Parcel No. 5 (10 acres of land) Annexation and Original Zoning Timetable May 9, 1995 MRyan I att.uuyo,ic: CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 Doc# 9532524 N Pages: 11 Date : 08 -02 -1995 Time : 03:58 :12 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK. Rec. $ 29.00 C:il!iamson Co¢nF��i, T::¢[: stamped theme. COUNTY CLERK WILLIAMSON COUNTY, TEXAS K : \ORDINANC \OR50727I.WPD /lf ORDINANCE NO. 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; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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 ", 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 22nd day of June, 1995, at City Hall, Round Rock, Texas; and the second hearing being held at 7:00 p.m. on the 27th day of June, 1995 at City Hall, Round Rock, Texas; and TEXAS: 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, 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 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. That the owners and inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and 2. 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. IV. 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. V. 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. 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 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. 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 3. 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. 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. RA and ADOPTED on first reading this & r I day of 1995. AlternaL'ive 2. READ and APPROVED on first reading this the day of , 1995. READ, APPROVED and ADOPTED on second reading this the day of , 1995. 4. ATTEST: E LAND, City Secretary CHARLES CUL R, Mayor City of Round Rock, Texas 5. Exhibit A Page 1 Parcel No. 5 April 17, 1995 Job Number 94 -338 Page 1 of 1 FIELD NOTES BEING A 10.00 ACRE TRACT OF LAND BEING OUT OF AND. A PORTION OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND A PART OF A 1437.45 ACRE / TRACT OF LAND CONVEYED TO T.E. NELSON JR. AS DESCRIBED IN DEED RECOLDED IN VOLUME 571, PAGE 446 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 10.00 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod set at the intersection of the north right -of -way line of F.M. 1431 (200' R.O.W.) and the east line of said 1437.45 acre tract, same being the west line of a 2023.28 acre tract of land conveyed to.Texas • Crushed Stone as described in deed recorded in Volume 880, Page 638 of the Deed Records of Williamson County, Texas, for the POINT OF BEGINNING and the southeast corner of the herein described tract; ' THENCE S 70 W along the north right -of -way line of said F.M. 1431 a distance of 800.23 feet to a 1/2 -inch iron rod set for the most southerly southwest corner of the herein described tract; THENCE crossing through said 1437.45 acre tract the following three (3} courses: 1. a distance of 39.28 feet along the arc of a curve to the right, said curve having a radius of 25.00 feet, a central angle of 90 and a chord which bears N•64'39'41" W a distance of 35.36 feet to a 1/2 -inch iron rod set for a point of tangency; 2. N 19'39'00" W a distance of 507.40 feet to a 1/2 -inch iron rod set for the northwest corner of the herein described tract; 3. N 70 E a distance of 812•.47 feet to a 1/2 -inch iron rod set in the east line of the aforesaid 1437.45 acre tract and the west line of the aforesaid 2023.28 acre tract for the northeast corner of the herein described tract: • THENCE S 21 E along the - common line between the east line of said 1437.45 acre tract and the west line of said 2023.28 acre tract a distance of 532.23 feet to the POINT OF BEGINNING of the herein described tract and containing 10.00 acres of land. I HEREBY CERTIFY THAT THIS METES AND BOUNDS DESCRIPTION WAS PREPARED FROM A SURVEY PERFORMED IN THE FIELD UNDER MY SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBIT B PROVISION OF SERVICES PLAN June 22, 1995 Nelson Tract: Parcel 5 (A 10 acre portion of the proposed Stone Oak Development) 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 subdivision requirements by a 24" main in the RM 1431 right of way at the southeast corner of this tract and also from a connecting 24" main that extends north to the existing one million gallon storage tank. Provided in accordance with subdivision requirements via a 15 inch gravity main located south of RM 1431 (in the Onion Creek tributary). 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. C1 Parcel#7 371.58 Ac. Tract#1 195 Ac. Parcel#4 �M'la�� ParteAc. Parcel#2 Parcel#1 .5740 0207 Ac. •6437 Ac. Parcel#3 4.516 Ac. v Tract 2 coo 10 Ac. ? �n E n> CA C3� Sam Bass Road 06 5/25/95 Council adoption of Date, Time and Place Ordinance. 6/5/95 Annexation public hearing notice (advertising 2 Council hearings: 6/22/95 and 6/27/95) delivered to Round Rock Leader 6/5/95 Prepare provision of services plan (must be prepared prior to notice of 1st public hearing) 6/8/95 Notice advertising 2 annexation public hearings published in Leader (14 days before first hearing; 19 days before 2nd hearing) 6/22/95 First annexation public hearing held — Regular Council meeting. (35 days from institution of proceedings) 6/26/95 Public hearing notice (advertising two zoning public hearings: 7/12/95 P&Z and 7/27/95 Council) delivered to Leader 6/27/95 Second annexation public hearing held — Special called Council meeting. (30 days from institution of proceedings) 6/29/95 Original zoning public hearing notice (advertising two zoning public hearings: 7/12/95 P&Z and 7/27/95 Council) published in Leader (13 days from P&Z and 28 days from Council) 7/12/95 a. Public hearing held by P&Z on original zoning; b. Commission formulation of original zoning recommendation. 7/27/95 INSTITUTION OF ANNEXATION PROCEEDINGS: a. Council original zoning public hearing; b. Adoption of annexation c. Adoption of zoning (Start count of 90 day window for completion of annexation if required) May 9, 1995 MRyan Nelson Tract Annexation Parcel No. 5 (10 acres of land) Annexation and Original Zoning Timetable DATE: July 25, 1995 SUBJECT: City Council Meeting, July 27, 1995 ITEM: 10.I. Consider an ordinance to annex of 10 acres of land out of the Ephraim Evans Survey, Abstract 212 in Williamson County, Texas. (Nelson Tract: Parcel 5). (First Reading) Staff Resource Person: Joe Vining Staff Recommendation: Approval This is one of seven parcels that will provide the contiguous link needed so that the proposed Stone Oak subdivision can be incorporated into the city limits. Public hearings concerning this annexation were held on June 22 and June 27, 1995. ECONOMIC IMPACT: None