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A-98-07-30-3A1 - 7/30/1998THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK DOC# 9850168 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- 07- 30 -3A1 which was passed and adopted by the City Council of the City of Round Rock, Texas, at two meetings held on the 14th day of May, 1998 and the 30th day of July, 1998 as recorded in the minutes of the City of Round Rock in Book 38, page 131 and Book 39 pages 23 and 24. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 28th day of August, 1998. OFFICIAL RECORDS WILLIAMSON COUNTY; TEXAS LAND, Assi tant City Manager City Secretary K: \WPOOCS \OKDINANC \OS0S14BS. WPO /scg ORDINANCE NO. /3 `7 D 07-30-3A 1 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 32.37 ACRES OF LAND OUT OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO. 100, AND THE W. DRUMMOND SURVEY NO. 109, ABSTRACT NO. 233, IN TRAVIS 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: 32.37 acres of land out of the William Bratton Survey No. 103, Abstract No. 100, and the W. Drummond Survey No. 109, Abstract No. 233, in Travis 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 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 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. READ and APPROVED on first reading this the 1 7 day of ATTEST: , 1998. READ, APPROVED and ADOPTED on second reading this the 3 o day of l , 1998. E LAND, City Secretary CHARLES CULPEWgER, Mayor City of Round 5. Rock, Texas Leif Johnson Subdivision 1.0.M. Inc. Exhibit A Page 1 of 2 EXHIBIT "A" BEING A 32.37 ACRE TRACT OF LAND BEING OUT OF AND A PORTION OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO, 100, TRAVIS COUNTY, TEXAS AND THE W. DRUMMOND SURVEY NO 109, ABSTRACT NO, 233, TRAVIS COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 32.37 ACRE TRACT OF LAND CONVEYED TO #3 GREEN PARTNERSHIP, AS DESCRIBED IN DEED RECORDED IN VOLUME 12405, PAGE 421, DEED RECORDS, TRAVIS COUNTY, TEXAS, SAID 32,37 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the noahwesl comer of said #3 Green Pannership tract, same being the existing east right-of-way line Interstate Highway 35 (Right -Of -Way Varies), also being the southwest corner of Lm 4, Block A, Coil Subdivision, recorded in Volume 95, Page 105-106, Plat Records, Travis County, Teets, from which point the nonheast comer of said William Bretton Survey and the northwest comer of said W. Drummond Survey bears North 85 degrees 59 minuses 21 seconds East, a distance 01 1171.28 feel; THENCE along the no0h line of said 43 Green Partnership tract, South 89 degrees 41 minutes 21 seconds East, a distance 001737.33 feel to a I" iron pipe found; THENCE along the east line of said #3 Green Partnership tract, same being the west line of a tract of land conveyed to 1. P. Michael, recorded in Volume 2172, Page 293, Deed Records, Travis County, Texas, South 29 degrees 51 minmes 14 seconds West, a distance of 556.83 feet to a 112" iron pipe found; THENCE along the northern most south line of said #3 Green Partnership tact, same being the west line of said 2. P. Michael tract, North 56 degrees 47 minutes 34 seconds West, a distance of 12,76 feet to a 3/4" ton pipe found; THENCE continuing along the cast line of said #3 Green Partnership tract same being the west line of said 1. P. Michael tram(, South 37 degrees 55 minutes 59 seconds West, a distance of 554.21 feet to a 60D nail found in a fence post; THENCE continuing along the east line of said #3 Green Partnership tact, same being the west line of said' P. Michael tract, South 38 degrees 02 minutes 42 seconds West, a distance of 487.72 feet to a 1/2" iron rod found being on the existing north right-of-way line of Royston Lane; THENCE along the south line of said 03 Green Partnership tract, same being the north right-of- way line of said Royston Lane the following six (6) courses; 1. Noah 60 degrees 20 minutes 34 seconds West, a distance of 90.16 feet to a I" iron pipe found: 2. North 65 degrees 10 minutes 47 seconds West, a distance of 50.21 feet to a 1" iron pipe found; 3. North 74 degrees 20 minutes 52 seconds West, a distance of 48.81 feet to a I" iron pipe found; 4. North 60 degrees 05 minuses 19 seconds West, a distance of 172.13 feet to a 3/4" iron pipe found; 5. Noah 60 degrees 56 minutes 25 seconds West, a distance of 44.18 feet to a 3/4" iron pipe found; 6. South 29 degrees 39 minuses 55 seconds West, a distance of 160,81 feet to an "x" cut set, same being on the ease right-of-way line of said Interstate Highway 35; THENCE along the west line of said #3 Green Partnership Iraq, same being the east right-of-way line said Interstate Highway 35, North 15 degrees 14 minutes 10 seconds West, a distance of 368.38 feel to a right-of-way monument found; THENCE continuing along the west line of said #3 Green Partnership tract, same being the east right-of-way lice said Interstate Highway 35, North 22 degrees 33 minutes 1 t seconds West, a distance of 201.61 feet to a 1/2" iron rod found; THENCE continuing along the west tine of said #3 Green Partnership tract, same being the east right-of-way line said Interstate Highway 35, North 15 degrees 14 minutes 10 seconds West, a distance of 744.72 feet to the POINT OF BEGINNING and containing 1,410,132 square fat or 32.3722 acres, more or less, Leif Johnson Subdivision 1.O.M. Inc. Exhibit A Page 2 of 2 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 CO • • CT TO THE BEST OF MY KNOWLEDGE. s R P.L.S. No 4125 Leif Johnson Tract Annexation 32.3700 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 P Gambrel, 3/27/98 Gz/Mona/Deptatisc./BLANK_Annexation_timetable Leif Johnson Ford, Inc. Annexation/Zoning Timetable (32.37 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 Pt public hearing being published) a. 12 days before 1g hearing b. 14 days before 2 hearing a. Public Hearing held by P&Z Commission. b. Recommendation on original zoning by P&Z c. . 1st annexation public hearing (special called) ( 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 (2 reading if needed) b. Adoption of zoning (2nd reading if needed) COUNTY OFDW TEXAS This is to certify that this document was FILED and RECORDED in the Official Public Records of Williamson County, Texas on the dale and time stamped thereon. 1 County CIerh Williamson County, Texas Doc# 9850168 # Pages: 11 Date : 08 -31 -1998 Time : 01:04:04 P.M. Filed R Recorded in Official Records of WILLIAMSON County, TX. NANCY E. RISTER COUNTY CLERK Rec. $ 29.00 iettazi. Ad-I-IAA-0 40 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 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 ORDINANCE NO. /�1 ` 61 I �' o7-111.3R AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 32.37 ACRES OF LAND OUT OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO. 100, AND THE W. DRUMMOND SURVEY NO. 109, ABSTRACT NO. 233, IN TRAVIS 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: 32.37 acres of land out of the William Bratton Survey No. 103, Abstract No. 100, and the W. Drummond Survey No. 109, Abstract No. 233, in Travis 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 pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, two separate public hearings were conducted in x: \ WPDOCS \onDINANC CSOS14e5 . WMD /ac9 7:00 p.m. on the 23rd day of April, 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. 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. ATTEST: READ and APPROVED on first reading this the ' r th day of 7Y1 Cui- , 1998. READ, APPROVED and ADOPTED on second reading this the 3 o day of n LAND, City Secretary CHARLES CULPE ER, Mayor City of Round Rock, Texas 5. 1998. Leif Johnson Subdivision J.O.M. Inc. Exhibit A Page 1 of 2 EXHIBIT "A" BEING A 32.37 ACRE TRACT OF LAND BEING OUT OF AND A PORTION OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO_ RIO, TRAVIS COUNTY, TEXAS AND THE W. DRUMMOND SURVEY NO 109, ABSTRACT NO. 233, TRAVIS COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 32.37 ACRE TRACT OF LAND CONVEYED TO #3 GREEN PARTNERSHIP, AS DESCRIBED IN DEED RECORDED IN VOLUME 12405, PAGE 421, DEED RECORDS, TRAVIS COUNTY, TEXAS, SAID 32.37 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northwest comer of said #3 Green Partnership tract, same being the existing east right-of -way line Interstate Highway 35 (!tight -Of -Way Vanes), also being the southwest comer of Lot 4, Block A, Coil Subdivision, recorded in Volume 95, Page 105 -106, Plat Records, Travis County, Texas, from which point the northeast comer of said William Burton Survey and the northwest corner of said W. Drummond Survey bears North 85 degrees 59 minutes 21 seconds East, a distance of 1171.28 feet, THENCE along the north line of said #3 Green Partnership tract, South 89 degrees 41 minutes 21 seconds East, a distance of 1737.33 feet 10 a I" iron pipe found; THENCE along the ease line of said #3 Green Partnership tract, same being the west line of a tract of land conveyed to 1. P. Michael, recorded in Volume 2172, Page 293, Deed Records, Travis County, Texas, South 29 degrees 51 minutes 14 seconds West, a distance of 556.83 feet to a 1/2" trop pipe found; THENCE along the northern most south line of said #3 Green Partnership tact, same being the west line of said 1. P. Michael tract, North 56 degrees 47 minutes 34 seconds West, a distance of 12.76 feet to a 3/4" iron pipe found; THENCE continuing along the cast line of said #3 Green Partnership tract, same being the west line of said J. P. Michael tract, South 37 degrees 55 odnutes 59 seconds West, a distance of 554.21 feel to a 60D nail found in a fence post; THENCE continuing along the east line of said #3 Green Partnership tract, same being the west line of said J. P. Michael tract, South 38 degrees 02 minutes 42 seconds West, a distance of 487.72 feel to a 1/2" iron rod found, being on the existng north right -of -way line of Royston Lane; THENCE along the south line of said #3 Green Partnership tract same being the north right-of- way line of said Royston Lane the following six (6) courses; 1. North 60 degrees 20 minutes 34 seconds West, a distance of 90.16 feet to a 1" iron pipe found; 2. North 65 degrees 10 minutes 47 seconds West, a distance of 50.21 feet to a 1" iron pipe found; 3. North 74 degrees 20 rninules 52 seconds West, a distance of 48.81 feel to a 1" iron pipe found; 4. North 60 degrees 05 minutes 19 seconds West, a distance of 172,13 feel to a 3/4" iron pipe found; 5. North 60 degrees 56 minutes 25 seconds West, a distance of 44.18 feet to a 3/4" iron pipe found; 6. South 29 degrees 39 minutes 55 seconds West, a distance of 160.81 feet to an "0" cut set, same being on the east right -of -way line of said Interstate Highway 35; THENCE along the west line of said #3 Green Partnership tract, same being the east right-of-way line said Interstate Highway 35, North 15 degrees 14 minutes 10 seconds West, a distance of 368,38 feet 10 a right-of-way monument found; THENCE continuing along the west line of said #3 Green Partnership tract, same being the east right-of-way line said Interstate Highway 35, North 22 degrees 33 minutes 11 seconds West, a distance of 201.61 feel 10 a 1/2" iron rod found; THENCE continuing along the west line of said #3 Green Partnership hua, same being the east right-of-way line said Interstate Highway 35, North 15 degrees 14 minutes 10 seconds West, a distance of 744.72 feel to the POINT OF BEGINNING and containing 1,410,132 square feet or 32.3722 acres, more or less. Leif Johnson Subdivision 1.O.M. Inc. Exhibit A Page 2 of 2 1 HEREBY CERTIFY THAT THIS METES AND BOUNDS DESCRIPTION WAS PREPARED FROM A SURVEY PERFORMED IN THE FIELD UNDER MY SUPERVISION AND IS TRUE AND CO' ' 'CT TO THE BEST OF MY KNOWLEDGE. Ku s R. P.L.S. No. 4125 Leif Johnson Tract Annexation 32.3700 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 P Gambrel, 3/27/98 a/Mona/DeptmiscIBLANK_Annexation_tirnetable Leif Johnson Ford, Inc. Annexation/Zoning Timetable (32.37 acres of land) Council adoption of Date, Time and Place Ordinance. Zoning Public hearing notices delivered to Leader a. P8rZ 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 Pk public hearing being published) a. 12 days before 1s 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 (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 (2 reading if needed) Date: July 24, 1998 Subject: City Council Meeting, July 30,1998 Item: 3.A.1. Consider an ordinance annexing 32.37 acres of land adjacent and contiguous to the City of Round Rock and located at the northeast corner of Royston Lane and IH 35. (Second Reading) . This annexation is at the request of the property owner. First reading of the ordinance was approved on May 14, 1998. Applicant: Leif Johnson Ford, Inc. Agent: G.W. Broesche, Property Manager. Staff Resource Person: Joe Vining, Planning Director. Leif Johnson Tract Ori.inal Zonin. Annexation Tract