A-98-06-11-12A6 - 6/11/19981
THE STATE OF TEXAS
COUNTY OF W ILLIAMSON
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- 06- 11 -12A6 which was passed and adopted by the City Council of the City of
Round Rock, Texas, at a meeting held on the 11th day of June, 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 29th
day of June, 1998.
DOC# 9835705
NE LAND, Assistant City Manager/
City Secretary
OFFICIAL RECORDS
¶
1 PMSON COUNTY, TEXAS
/0
and
S: \NPDOCS \OADINANC \080611/96. NPD /scg
ORDINANCE NO. A "9i-06-i/ 42/9 6
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
.896 ACRES OF LAND OUT OF THE T. F. ROWE SURVEY,
ABSTRACT NO. 810, IN ROUND ROCK, WILLIAMSON COUNTY,
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
SEVERABILTTY 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: .896 acres of land out of the
T. F. Rowe Survey, Abstract No. 810, in Round Rock, Williamson
County, Texas; 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 12th day of May, 1998, at, City
Hall, Round Rock, Texas; and the second hearing being held at 7:00
p.m. on the 14th day of May, 1998 at City Hall, Round Rock, Texas;
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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution /Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times
during which this Resolution /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.
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.
4.
th.
READ, PASSED, and ADOPTED on first reading this i I - day
of l JAI Q . , 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:
E LAND, City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
5.
Petition for Annexation into the City of Round Hoek
EXHIBIT "A"
DESCRIPTION OF 0.896 OF AN ACRE, MORE OR LESS, OF LAND AREA, IN THE
T.F. ROWE SURVEY, ABSTRACT NO. 810, IN WILLIAMSON COUNTY, TEXAS, BEING
THAT 1.18 ACRE TRACT II, DESCRIBED IN A DEED DATED OCTOBER 25, 1995
FROM COUNTY OF WILLIAMSON, TO' AUSTIN CUSTOM HOME BUILDERS, JV, ET
ALIUS, AS RECORDED IN DOC8 9549492, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAVE AND EXCEPT THAT 0.278 ACRE PORTION THEREOF
DESCRIBED IN A DEED DATED JANUARY 22, 1996 FROM ALBORE CORPORATION, ET
ALIUS, TO JAMES R. CRUISE, AS RECORDED IN DOC* 9611159, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND - BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the east line of High Country
Boulevard, same being the west line of the aforereferenced 1.18 acre
Tract II, for the northwest corner of the aforereferenced 0.278 acre
Cruise Tract, and being the southwest corner and PLACE OF BEGINNING of
the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the 0.278 acre Cruise Tract,
with the common line of High Country Boulevard and the 1.18 acre Tract
II, the following five (5) courses:
1. with a left breaking curve having a radius length of 694.26 feet
and a chord which bears N 14 03'15'W 412.97 feet to an iron rod
found at a point of reverse curvature;
2. with a right breaking curve having a radius length of 25.00 feet
and a chord which bears N 10 "E 33.64 feet to an iron rod
found;
3. N 53 "01'30 "E 87.35 feet to an iron rod found at the beginning of
a right breaking curve;
4. with said right breaking curve having a radius length of 885.00
feet and a chord which bears N 58 "36'30 "E 170.49 feet to an
iron rod found; and
5. N 64 05'00'E 45.44 feet to the northeast corner of the 1.18 acre
Tract 1I, same being the easterly northwest corner of that 30.15
acre tract of land described in a deed dated March 4, 1994, from
LGF, Inc., to James R. Cruise, as recorded in Volume 2481, Page
446, Official Records of Williamson County, Texas, and being the
northeast corner of the herein described tract of land;
THENCE leaving High Country Boulevard, with the common line of the 1.18
acre Tract II and the aforereferenced 30.15 acre Cruise Tract, the
following two (2) courses:
1. S 29'16'45 "W 331.46 feet to an iron rod found; and
2. S 05 17'15 "E 308.83 feet to an iron rod found for the northeast
corner of the 0.278 acre Cruise Tract, same being the southeast
corner of the herein described tract of land;
THENCE leaving the 30.15 acre Cruise Tract, and crossing the 1.18 acre
Tract II, with the line of the 0.278 acre Cruise Tract, N 86'27'30 "W
28.60 feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 0.896 of an acre, more or less, of land area, as
described from record information and measurements made on the ground
during February 1998, by McMinn Land Surveying Company of Austin,
Texas.
i!
CY ael McMinn, Jr., '.P.L.S. No. 4267
P.O. Box 27695
Austin, Texas 7875
(512) 343 -1970
DATE : March 2, 1998
SURVEY : William Barker Sur., Abstract No. 107
COUNTY : Williamson, Texas
J.O. No. : 020898
BND0209A
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
CC:i."iT }' OF Wl: L IAMSON, TO
TIN CUSTOM HOME 9U/LOERS „V
AND ALBCRZ ;ORfOR.TION
( TRACT ? t 1. 18 ACRES
OCTOBER 25. 1995
DOC R 9549492)
RECC,RDERS MEMORANDUM
AU or pacts of the text on this page was not
clearly legible for satisfactory tecordatton.
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Hassibi Tract Annexation
.896 Acres
Doc# 9835705
# Pages: 10
Date : 06 -30 -1998
Time : 11:40:33 A.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NRecANC. Y $ E. 27. 00 ISTER
COUNTY CLERK
COUNTY OF lle
The n to certify Met the document was HIED and
RECORDED in dm Official Public WAS County, , en Su data of
stamped thereon. time
Courny Clerk
Williamson County, Texas
CITY OF ROUND ROOK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK. TEXAS 78684
K:\ WPDOCS \ORDINANC \OSO611A6.WPD /ec9
ORDINANCE NO. A' 1 06-11- /, ? 6
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
.896 ACRES OF LAND OUT OF THE T. F. ROWE SURVEY,
ABSTRACT NO. 810, IN ROUND ROCK, WILLIAMSON COUNTY,
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, to wit: .896 acres of land out of the
T. F. Rowe Survey, Abstract No. 810, in Round Rock, Williamson
County, Texas; 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 12th day of May, 1998, at City
Hall, Round Rock, Texas; and the second hearing being held at 7:00
p.m. on the 14th day of May, 1998 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:
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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution /Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times
during which this Resolution /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.
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.
4.
/// R ��� EAD, PASSED, and ADOPTED on first reading this 1 i thj
day
of ( 1,(/Ylit i 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:
E LAND, City Secretary
4Ay1
CHARLES C RPPER, Mayor
City of Round Rock, Texas
5.
Petition for Annexation into the City of Round Rock
EXHIBIT "A"
DESCRIPTION OF 0.896 OF AN ACRE, MORE OR LESS, OF LAND AREA, IN THE
T.F. ROWE SURVEY, ABSTRACT NO. 810, IN WILLIAMSON COUNTY, TEXAS, BEING
THAT 1.18 ACRE TRACT II, DESCRIBED IN A DEED DATED OCTOBER 25, 1995
FROM COUNTY OF WILLIAMSON, TO" AUSTIN CUSTOM HOME BUILDERS, JV, BT
ALIUS, AS RECORDED IN DOC* 9549492, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAVE AND EXCEPT THAT 0.278 ACRE PORT20N THEREOF
DESCRIBED IN A DEED DATED JANUARY 22, 1996 FROM ALBORZ CORPORATION, ET
ALIUS, TO JAMES R. CRUISE, AS RECORDED IN DOC* 9611159, OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the east line of High Country
Boulevard, same being the west line of the aforereferenced 1.18 acre
Tract II, for the northwest corner of the aforereferenced 0.278 acre
Cruise Tract, and being the southwest corner and PLACE OF BEGINNING of
the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the 0.278 acre Cruise Tract,
with the common line of High Country Boulevard and the 1.18 acre Tract
II, the following five (5) courses:
1. with a left breaking curve having a radius length of 694.26 feet
and a chord which bears N 14'03'15 "W 412.97 feet to an iron rod
found at a point of reverse curvature;
2. with a right breaking curve having a radius length of 25.00 feet
and a chord which bears N 10 "E 33.64 feet to an iron rod
found;
3. N 53'01'30 "E 87.35 feet to an iron rod found at the beginning of
a right breaking curve;
4. with said right breaking curve having a radius length of 885.00
feet and a chord which bears N 58'36'30 "E 170.49 feet to an
iron rod found; and
5. N 64 05'00 "E 45.44 feet to the northeast corner of the 1.18 acre
Tract II, same being the easterly northwest corner of that 30.15
acre tract of land described in a deed dated March 4, 1994, from
LGF, Inc., to James R. Cruise, as recorded in Volume 2481, Page
446, Official Records of Williamson County, Texas, and being the
northeast corner of the herein described tract of land;
THENCE leaving High Country Boulevard, with the common line of the 1.18
acre Tract II and the aforereferenced 30.15 acre Cruise Tract, the
following two (2) courses;
1. S 29 16'45 "W 331.46 feet to an iron rod found; and
2. S 05 "17 "E 308.83 feet to an iron rod found for the northeast
corner of the 0.278 acre Cruise Tract, same being the southeast
corner of the herein described tract of land;
THENCE leaving the 30.15 acre Cruise Tract, and crossing the 1.18 acre
Tract II, with the line of the 0.278 acre Cruise Tract, N 86
28.60 feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 0.896 of an acre, more or less, of land area, as
described from record information and measurements made on the ground
during February 1998, by McMinn Land Surveying Company of Austin,
Texas.
J.O. No. : 020898
8ND0209A
C ael McMinn, Jr.,ff.P.L.S. No. 4267
P.O. Box 27695
Austin, Texas 7875
(512) 343 -1970
DATE : March 2, 1998
SURVEY : William Barker Sur., Abstract No. 107
COUNTY ; Williamson, Texas
TIN C . ) OF Nn.,) I A 9 ONDERS -V
S T IN JS \ a�
AND AL BCRZ :OR 1i0RAT ION
( TRACT ' ! : 1. 18 ACRES
OCTOBER 25. 1995
(DOC Cf 9549492) \ 11
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Hassibi Tract Annexation
.896 Acres
440 Fri -•=.11,
1
•
Date: June 5, 1998
Subject: City Council Meeting - June 11, 1998
Item: 12.A.6. Consider an ordinance annexing .896 acres located on the
south side of High Country Boulevard. (Hassibi Tract)
(Voluntary) (First Reading) This tract of land is a portion
of the future development site of the proposed
Westchester Park Subdivision. Public hearings
concerning this annexation were held on May 12 and
May 14, 1998. Second reading may be dispensed with the
unanimous consent of the Council. Applicant: Mike
Hassibi, President, Alborz Corp. Agent: Jim Stendebach.
Staff Resource Person: Joe Vining, Planning Director.
Hassibi Tract Annexation
.896 Acres
Subject
Tract