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A-95-11-21-9B - 11/21/1995STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK DOM.' 9554942 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 pC 46 day of !Watt / f j`t J . Q 19 5 , which is recorded in the minutes of the City of Round Rock in book L3 WITNESSED by my hand and seal of the City of ( R�ouund Rock, Texas on t h i s �9 t' day of -CJ`vf 19 5: NNE LAND sistant City Manager/ City Secretary OFRCIAL RECORDS WIUiAMSON COUNTY, TEXAS (1 K: \OROINANC \OR51024E ORDINANCE NO. 1 ?5 /.. 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 6:00 p.m. on the 26th day of September, 1995, at City Hall, Round Rock, Texas; and the second hearing being held at 7 :00 p.m. on the 28th day of September, 1995 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: 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. III. 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. READ, PASSED, and ADOPTED on first reading this day of 1995. Alternative 2. READ �and � APPROVED on first reading this the 7 day of / EA 1995. READ, APPROVED and ADOPTED on second reading this the 0(/ - / 6 day of w , 1995. 4. ATTEST: LAND, City Secretary CHARLES CUUPEPPER, Mayor City of Round Rock, Texas 5. EXHIBIT "A" BEING ALL TEAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF TEE DAVID CURRY SURVEY, ABSTRACT NO. 130 SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN 66.33 ACRE TRACT OF LAND DESCRIBED AS TRACT II, IN A DEED TO WILLIAM A. BEHRENS OF RECORD IN VOLUME 2059 PAGE 834 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS, SAID TRACT OR PARCEL OF LAND BEING 17.946 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: • BEGINNING at an iron rbd found at the northwest corner of said Behrens tract for the northwest corner of the herein described tract; THENCE with a northerly line of said Behrens tract for the northerly line of the herein described tract N69 ° 59'12 "E 393.20 feet to a point for the most northerly northeast corner of the herein described tract; THENCE for the northeasterly line of the herein described tract the following five (5) courses and distances as enumerated below: 1) 533 "E 492.73 feet to a point for an angle point herein, 2) S80 °02'38 "E 225.80 feet to a point for an angle point herein, 3). N89 31'32 "E 117.88 feet to a point for an angle point herein, 4) N63 ° 17'32 "E 85.13 feet to a point for an angle point herein, 5) N40 "E 124.58 feet to a point in the westerly line of that certain 157.836 acre tract of land described in a deed to Leroy L. Lange and Wife Ruth S. Lange of record in volume 1462 page 240 of the Williamson County, Texas Deed Records, being an easterly line of said Behrens tract for the most easterly northeast corner of the herein described tract; THENCE with the westerly line of said Lange tract, being an easterly line of said Behrens tract for the easterly line of the herein described tract 519 ° 13'05 "E 432.82 feet to an iron rod found at the southwest corner of said Lange tract, being an interior "ell" corner of said Behrens tract for an angle point in the easterly line of the herein described tract; THENCE continuing for the easterly line of the herein described tract S11 °18'05 "8 161.72 feet to a point in a northerly line of the Round Rock City Limit Line for the southeast corner of the herein described tract; RECORDERS MEMORANDUM Ail or pelts of the text on this page was not Oleetly legible for satisfactory recordation. METES AND BOUNDS 94 -033 wgzt4 Page 1 of 2 P. d THENCE with the said Round Rock City Limit Line for the southerly line of the here£n.described tract the following three (3) courses and distances as enumerated below: 1) S70 183.06 feet to a point of curvature of a curve to the right for an angle point herein, 2) with said curve to the right, having 4 radius of 1469.86 feet, an arc distance of 668.15 feet and whose chord bears 5 83 . 04'34'W 662.41 feet to the point of tangency for an angle point herein, 3) N83 169.41 feet to a point in the westerly line of said Behrens tract for the southwest. corner of the herein described tract; TBENCE line of said Behren Round Rock City e westerly line of the westerl herein described tract U19•58•15•( 926.54 feet to the PLACE OF BEGINNING containing 17.946 acres of land for the purpose of Zoning. Prepared by TRIMBLE LAND SURVEYING, INC. this the 21st day of September, 1994. 94 -033 'wgzt4 RECORDERS MEMORANDUM All or parts of the text on this page was nor clearly legible for satisfactory recordation. Page 2 of 2 P. 5 Wood Glen Annexation (17.948 Ac.) TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owners of the hereinafter des abed tract of land, which is 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 part of the City of Round Rock, Texas, the following described territory, to-wit: We hereby certify, under oath, that (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibits B-1" and 13•2" a true and current copy of the Warranty Deeds whereby we acquired said property, and (2) the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. 3406, Ltd., a Texas Limi - • artnership By DH Investment Co • any, its By-. Thomas P. D = .. dter Vice - President SUBSCRIBED AND SWORN TO BEFORE HIE, a notary public, by Thomas P. Darmstadter this 1 to day of August, 1995, A.D. PETITION FOR ANNEXATION OR CITY LIMITS EXTENSION See Exhibit "A" c njnt llNom/ Notary Public, State of Texas Doc# 9554942 # pages: 11 Date 12 -07 -1995 Time : 12:01:07 R.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 29.00 THE STATE OiTf% S COUNTY OF ARUIRMSDN RECORDED !r U'n 004; w riamS06 Coat!, • CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78164 K: \ORDINANC \OR51024E ORDINANCE NO. ' r" Q5- //" J/-9/3 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 6:00 p.m. on the 26th day of September, 1995, at City Hall, Round Rock, Texas; and the second hearing being held at 7 :00 p.m. on the 28th day of September, 1995 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: 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. READ, PASSED, and ADOPTED on first reading this day of , 1995. Alternative 2. READ and APPROVED on first reading this the O / th day of Coto -bens , 1995. READ, APPROVED and 0( f - day of ADOPTED on second reading this the 4. 1995. ATTEST: E LAND, City Secretary CHARLES CUTLPEPPER, Mayor City of Round Rock, Texas 5. g. EXHIBIT "A" METES AND BOUNDS BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130 SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF TEAT CERTAIN 66.33 ACRE TRACT OF LAND DESCRIBED AS TRACT II, IN A DEED TO WILLIAM A. BEHRENS OF RECORD IN VOLUME 2059 PAGE 834 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS, SAID TRACT OR PARCEL OF LAND BEING 17.946 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rbd found at the northwest corner of said Behrens tract for the northwest corner of the herein described tract; THENCE with a northerly line of said Behrens tract for the northerly line of the herein described tract N69 ° 59 . 12 "E 393.20 feet to a point for the most northerly northeast corner of the herein described tract; THENCE for the northeasterly line of the herein described tract the following five (5) courses and distances as enumerated below: 1) 533 ° 50'58 "E 492.73 feet to a point for an angle point herein, 2) S80 °02'38 "E 225.80 feet to a point for an angle point herein, 3) N89e31'32 "E 117.88 feet to a point for an angle point herein, 4) N63 17.32 "E 85.13 feet to a point for an angle point herein, 5) N40 ° 02'38 "E 124.58 feet to a point in the westerly line of that certain 157.836 acre tract of land described in a deed to Leroy L. Lange and Wife Ruth 5. Lange of record in volume 1462 page 240 of the Williamson County, Texas Deed Records, being an easterly line of said Behrens tract for the most easterly northeast corner of the herein described tract; THENCE with the westerly line of said Lange tract, being an easterly line of said Behrens tract for the easterly line of the herein described tract S19 °13'05 "E 432.82 feet to an Iron rod found at the southwest corner of said Lange tract, being an interior "ell" corner of said Behrens tract for an angle point in the easterly line of the herein described tract; THENCE continuing for the easterly line of the herein described tract S11 °18'05 "E 161.72 feet to a point in a northerly line of the Round Rock City Limit Line for the southeast corner of the herein described tract; 94 -033 wgzt4 Page 1 of 2 P.a THENCE with the said Round Rock City Limit Line for the southerly line of the herein.described tract the following three (3) courses and distances as enumerated below: 1) 570 ° 02'00'W 183.06 feet to a point of curvature of a curve to the right for an angle point herein, 2) with said curve to the right, having a radius of 1469.86 feet, an arc distance of 668.15 feet and whose chord bears S83 ° 04 . 34 "W 662.41 feet to the point of tangency for an angle point herein 3) N83 ° 56'00 "W 169.41 feet to a point in the westerly line of said Behrens tract for the southwest corner of the herein described tract; THENCE f said leaving Round ct f C line ity the westerly line of he described tract 1119 • 58'.15 °W 926.54 feet to the PLACE OP BEGINNING containing 17.946 acres of land for the purpose of Zoning. Prepared by TRIFLE LAND SURVEYING, INC. this the 21st day of September, 1994. 94 -033 wgzt4 Page 2 of 2 P. 5 Wood Glen Annexation (1 7.948 Ac.) PETITION FOR 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 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 part of the City of Round Rock, Texas, the following described territory, to-wit: See Exhibit "A" We hereby certify, under oath, that: (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibits B-1" and B-2" a true and current copy of the Warranty Deeds whereby we acquired said property, and (2) the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. 3406, Ltd., a Texas Limite •artnership Br DH Investment Co any, its ge� / !I� By Thomas P. D = - dter Vice - President SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Thomas P. Darmstadter this I lo day of August, 1995, A.D. cza,uA11 Notary Public, State of Texas DATE: November 17, 1995 SUBJECT: City Council Meeting, November 21, 1995 ITEM: 9.B. Consider an ordinance to annex 17.946 acres of land out of the David Curry Survey, A -130 in Round Rock, Williamson County, Texas. (Wood Glen) (Second Reading) Staff Resource Person: Joe Vining Staff Recommendation: Approval Public hearings concerning the annexation of this tract of land were held on September 26 and September 28. First reading on this ordinance was held on October 24, 1995.