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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. • • k N 86 °2 '30"W 28 60•0 ti • • • \ Q o m ._ • \ • •� V� 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 /ec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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 c., ∎n in 1 M " Co CC ti ' N 86°2 28.60'C) ! 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