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A-98-05-14-9B3 - 5/14/1998THE 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 I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A- 98- 05- 14 -9B3 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 14th day of May, 1998 as recorded in the minutes of the City of Round Rock in Book 38. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 27th day of May, 1998. DOC# 9828533 NNE LAND, Assistant City Manager City Secretary OFFICIAL RECORDS WE.INiASr/I MU NN, TEXAS ORDINANCE NO. A - QU- D5-14 - y AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.259 ACRES OF LAND OUT OF THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107, 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 EFtLCTIVE 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, to wit: 0.259 acres of land out of the William Barker Survey, Abstract No. 107, in Williamson County; which territory is described in Exhibit "A ", incorporated herein for all purposes, and WHEREAS, the City is a duly constituted attached hereto and 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 21st day of April, 1998, at City Hall, Round Rock, Texas; and the second hearing being held at 7:00 p.m. on the 23rd day of April, 1998 at City Hall, Round Rock, Texas, and A: \MPDOC8 \OADINANC \08051480 .WPD /ecg 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 WHEREAS, the public hearings were conducted and held no more 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. 2. 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. 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. 3. 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. 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, and the Act. 4. 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 1't day 1 / l of Alternative 2. READ and APPROVED on first reading this the day of 1998. READ, APPROVED and ADOPTED on second reading this the day of , 1998. ATTEST: , 1998. , City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 5. TRACT 3 BEGINNING FOR REFERENCE on a point in the easterly right -of -way line of said Railroad Right -of -Way, same being a westerly corner of the remainder of an 83.361 -acre tract of land conveyed to High County Development Corporation by instrument recorded in Volume 1379, Page 659 of said Official Records, thence with the westerly boundary line of said 83.361 -acre Tract, same being the easterly right -of -way line of said Railroad Right -of -Way, 022 ° 22'46 "E a distance of 135.08 feet to a point being the most westerly corner of a 2.025 -acre tract of land dedicated as a public right -of -way (Louis Henna Boulevard), by instrument recorded in Volume 1502, Page 841 of said Official Records, being the northeast corner and POINT OF BEGINNING hereof; Thence continuing with said Railroad Right -of -Way line, same being the westerly boundary line of said 2.025 acre Tract, S22 ° 22'46 "E for a distance of 112.64 feet to the most southwesterly corner of said 2.025 -acre Tract, being the southeast corner hereof; Thence crossing said Railroad Right -of -Way, with the southerly boundary line hereof, N84 "58'24 "w for a distance of 112.64 feet to a point in the westerly boundary line of said Railroad Right -of -Way, same being the easterly boundary line of a 12.07 -acre tract of land conveyed to John Wheeler by instrument recorded as Document No. 9711610 of said Official Records, same being the southeasterly corner of a 4.218 -acre tract of land dedicated as a public right -of -way (Louis Henna Boulevard), by instrwnent recorded in Volume 1526, Page 13 of said Official Records, being the southwest corner hereof; Thence with the westerly right -of -way line of said Railroad Right -of- Way, 100.00 feet westerly of (perpendicular measurement) and parallel with the easterly boundary line of the herein described tract, being the westerly boundary line hereof, 922 for a distance of 112.64 feet to a point being the northeasterly corner of said 4.218 - acre Tract, same being a southeasterly corner of a 93.230 -acre tract of land conveyed described and designaged as "Tract 2" by instrument conveying 50 percent interest from Alborz Corporation to TAM Holding, LTD. by instrument recorded as Document No. 9720951 of said Official Records, same being the northwest corner hereof; Thence departing the easterly boundary line of said "Tract 2 ", through the interior of said Railroad Right -of -Way, with a line being 100.00 feet northerly of (perpendicular measurement) and parallel with the southerly boundary line of the herein described tract, 584`58'24 "E for a distance of 112.64 feet to the POINT OF BEGINNING hereof and containing 0.259 -acre tract of land. Prepared by Baker - Aicklen & Associates, Inc. TFMT 1M. a:. JOB Ho. 601-.11 -11 DESCRIPTION FOR A 0.259 -ACRE, (11,264- SQUARE FOOT) TRACT OF LAND, SITUATED IN THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIANSON COUNTY, TEXAS, SAME BEING A PORTION OF PUBLIC RIGHT -OF -WAY (LOUIS HENNA BOULEVARD), BEING A PORTION OF PREVIOUS MISSOURI KANSAS - TEXAS - RAILROAD COMPANY RIGHT -OF -WAY, (NOW ABANDONED), CONVEYED TO WILLIAMSON COUNTY BY INSTRUMENT RECORDED IN VOLUME 1724 PAGE 392 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.259 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: SKETCH TO ACCOMPANY DESCRIPTION iP \ \ O \ \ . \ ALBORZ CORP. /TRM \ 2 --- HOLDINGS. LTD N \ TRACT 2 Doc.9720591 93.23 AC. \ TRACT3 0.259 AC. LOUIS HENNA BOULEVARD v- — — 1526/13 P D.B. — } ✓ 4.218 AC. LOUIS HENNA BOULEVARD N 84. 58'24 2 .025 841 112.64' VA 9 \ JOHN WHEELER 0 DOC. 9711610 �� 9p \ • 12.07 AC. NOT TO SCALE HIGH COUNTRY DEV. CORP. 1379/659 83.36 AC. HIGH COUNTRY DEV. CORP. 1379/659 83.36 AC. MAR.1998 J0B # 601 - 541 -11 file:TRACT123 Bak.r- Alckl.n & Associates. Mo. Engineers/Surveyors Louis Henna Blvd /s Louis Henna Boulevard Annexation .259 Acres 3/26/98 3/30/98 4/2/98 4/6/98 4/8/98 4/9/98 4/15/98 4/21/98 4/23/98 5/14/98 5/28/98 PGambre1,3/27/98 GiMana/Deptntisc/BL.ANILAnnexation_timetable Louis Henna Blvd. R-O-W Annexation/Zoning Timetable (.259 acres of land) Council adoption of Date, Time and Place Ordinance. Zoning Public hearing notices delivered to Leader a. P&Z 4/15/98 b. Council 5/14/98 Notice of Zoning public hearings published in Leader a. 4/15/98 P&Z b. 5/14/98 Council Annexation public hearing notice delivered to Leader a. 4/21/98(special called) Council b. 4/ 23/ 98Council Prepare provision of services plan (must be prepared prior to notice of 1st public hearing being published) a. 12 days before 1st hearing b. 14 days before 2nd hearing a. Public Hearing held by P&Z Commission. b. Recommendation on original zoning by P&Z c. 1st annexation public hearing (special called) (23 days from institution of proceedings) 2nd annexation public hearing (a. days from institution of proceedings) INSTITUTION OF ANNEXATION PROCEDINGS: a. Public hearing on original zoning b. Adoption of annexation c. Adoption of zoning a. Adoption of annexation (2nd reading if needed) b. Adoption of zoning (2nd reading if needed) g Doc I4 9828533 Date9es: 11 Time : 04:07:46 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. MELBA KEMBLE COUNTY CLERK Rec. $ 29.00 THE STATE OF TEXAS COUNTY OF WILLIAMSON This is to certify that this document was FILED and RECORDED in the Official Public Records of N511iamson County, Texas on the date and time stamped thereon. COUNTY CLERK WILLIAMSON COUNTY, TX a Athkuvu 4 0 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 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 21st day of April, 1998, at City Hall, Round Rock, Texas; and the second hearing being held at 7:00 p.m. on the 23rd day of April, 1998 at City Hall, Round Rock, Texas, and ORDINANCE NO. A - qO- 15 /`l - Q133 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.259 ACRES OF LAND OUT OF THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107, 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 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, to wit: 0.259 acres of land out of the William Barker Survey, Abstract No. 107, in Williamson County; 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 %:\ WPDOCS \OBDIWANC \OB0519B3.WPD /scg 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. 2. 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. 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. 3. 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. 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, and the Act. 4. 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 , 1998. Alternative 2. READ and APPROVED on first reading this the day of , 1998. READ, APPROVED and ADOPTED on second reading this the day of , 1998. ATTEST: LAND, City Secretary CHARLES CULPEP R, Mayor City of Round Rock, Texas 5. TRACT 3 DESCRIPTION FOR A 0.259 -ACRE, (11,264- SQUARE FOOT) TRACT OF LAND, SITUATED IN THE WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF PUBLIC RIGHT -OF -WAY (LOUIS HENNA BOULEVARD), BEING A PORTION OF PREVIOUS MISSOURI - KANSAS - TEXAS- RAILROAD COMPANY RIGHT -OF -WAY, (NOW ABANDONED), CONVEYED TO WILLIAMSON COUNTY BY INSTRUMENT RECORDED IN VOLUME 1724 PAGE 392 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.259 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE on a point in the easterly right -of -way line of said Railroad Right -of -Way, same being a westerly corner of the remainder of an 83.361 -acre tract of land conveyed to High County Development Corporation by instrument recorded in Volume 1379, Page 659 of said Official Records, thence with the westerly boundary line of said 83.361 -acre Tract, same being the easterly right -of -way line of said Railroad Right -of -Way, S22 "22'46 "E a distance of 135.08 feet to a point being the most westerly corner of a 2.025 -acre tract of land dedicated as a public right -of -way (Louis Henna Boulevard), by instrument recorded in Volume 1502, Page 841 of said Official Records, being the northeast corner and POINT OF BEGINNING hereof; Thence continuing with said Railroad Right -of -Way line, same being the westerly boundary line of said 2.025 acre Tract, S22 ° 22'46 "E for a distance of 112.64 feet to the most southwesterly corner of said 2.025 -acre Tract, being the southeast corner hereof; Thence crossing said Railroad Right -of -Way, with the southerly boundary line hereof, N84 "58'24 "W for a distance of 112.64 feet to a point in the westerly boundary line of said Railroad Right -of -Way, same being the easterly boundary line of a 12.07 -acre tract of land conveyed to John Wheeler by instrument recorded as Document No. 9711610 of said Official Records, same being the southeasterly corner of a 4.218 -acre tract of land dedicated as a public right -of -way (Louis Henna Boulevard), by instrument recorded in Volume 1526, Page 13 of said Official Records, being the southwest corner hereof; Thence with the westerly right -of -way line of said Railroad Right -of- Way, 100.00 feet westerly of (perpendicular measurement) and parallel with the easterly boundary line of the herein described tract, being the westerly boundary line hereof, N22'22'46 "W for a distance of 112.64 feet to a point being the northeasterly corner of said 4.218 - acre Tract, same being a southeasterly corner of a 93.230 -acre tract of land conveyed described and designaged as "Tract 2" by instrument conveying 50 percent interest from Alborz Corporation to TRM Holding, LTD. by instrument recorded as Document No. 9720951 of said Official Records, same being the northwest corner hereof; Thence departing the easterly boundary line of said "Tract 2 ", through the interior of said Railroad Right -of -Way, with a line being 100.00 feet northerly of (perpendicular measurement) and parallel with the southerly boundary line of the herein described tract, S84 ° 56'24 "E for a distance of 112.64 feet to the POINT OF BEGINNING hereof and containing 0.259 -acre tract of land. Prepared by Baker - Aicklen 8 Associates, Inc. TRACT 2 Doc.9720591 _ — 93.23 AC. SKETCH TO ACCOMPANY DESCRIPTION \ \ \ O \ \ 9 \ ALBORZ CORP. /TRM \ .1. HIGH C HOLDINGS, LTD ` 1379/659 OUNTRY DEV. CORP. \ 83.36 AC. \ 7 N y TRACTS S 84.58'24• E 0.259 AC. LOUIS HENNA BOULEVARD N N_ 1 0 P.0.6. — _ / 1526 - 4.218 AC. N N N. LOUIS HENNA LEVA to N 1502/841 RD N 84. 58'24' y �6� 2 .025 AC 1 12.64' A '''3 � i. 'o JOHN WHEELER DOC. 9711610 12.07 AC. NOT TO SCALE HIGH COUNTRY DEV. CORP. 1379/659 83.36 AC. MAR.1998 JOB # 601- 541 -11 file:TRACT123 klk Baker- Alcklen & Assoolstos, Ino. Engineers/Surveyors Louis Henna Boulevard Annexation .259 Acres Louis Henna Blvd e; . 3/26/98 3/30/98 4/2/98 4/6/98 4/8/98 4/9/98 4/15/98 4/21/98 4/23/98 5/14/98 5/28/98 P Gambrel, 3/27/98 GIMona/Deptmisc./BLANK_Annexationjimetable Louis Henna Blvd. R-O-W Annexation/Zoning Timetable (.259 acres of land) Council adoption of Date, Time and Place Ordinance. Zoning Public hearing notices delivered to Leader a. P&Z 4/15/98 b. Council 5/14/98 Notice of Zoning public hearings published in Leader a. 4/15/98 P&Z b. 5/14/98 Council Annexation public hearing notice delivered to Leader a. 4/21/98(special called) Council b. 4/23/98Council Prepare provision of services plan (must be prepared prior to notice of 1st public hearing being published) a. 12 days before 1st hearing b. 14 days before 2nd hearing a. Public Hearing held by P&Z Commission. b. Recommendation on original zoning by P&Z c. . 1st annexation public hearing (special called) (Q days from institution of proceedings) 2nd annexation public hearing (21 days from institution of proceedings) INSTITUTION OF ANNEXATION PROCEDINGS: a. Public hearing on original zoning b. Adoption of annexation c. Adoption of zoning a. Adoption of annexation (2nd reading if needed) b. Adoption of zoning (2nd reading if needed) Date: May 8, 1998 Subject: City Council Meeting, May 14, 1998 Item: 9.B.3. Consider an ordinance annexing 0.259 acres of land adjacent and contiguous to the City of Round Rock and located east of Meister Lane on Louis Henna Boulevard (First Reading) This annexation is being initiated by the City. This is annexation of right of way needed for future traffic control. Second Reading may be dispensed with the unanimous consent of all the Councilmembers present. Applicant: City of Round Rock. Agent: City of Round Rock. Staff Resource Person: Joe Vining, Planning Director. R - O - W Annexation (Louis Henna Blvd.) .259 Acres