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A-98-11-12-9A5 - 11/12/1998THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK DOC# 9875068 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- 11- 12 -9A5 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 12th day of November, 1998 as recorded in the minutes of the City of Round Rock in Book 39. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 15th day of November, 1998. NE LAND, Assistant City Manager/ City Secretary OFFICIAL RECORDS WILLIA,MASON COUNTY, TEXA` 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 6th day of October, 1998, at AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.394 ACRES OF LAND (PARCEL A TRACT 1) AND 37.150 ACRES OF LAND (PARCEL A TRACT 2) AND 3.637 ACRES OF LAND (PARCEL B TRACT 1) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, 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: 0.394 acres of land (Parcel A Tract 1) and 37.150 acres of land (Parcel A Tract 2) and 3.637 acres of land (Parcel B Tract 1) out of the Joseph Marshall Survey, Abstract No. 409, 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 \ORDINANC \0011125. WPD /scg ORDINANCE NO. %" I /� ' /2 97/5- City Hall, Round Rock, Texas; and the second hearing being held at 7:00 p.m. on the 8th day of October, 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. 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. th. READ, PASSED, and ADOPTED on first reading this �� day of / / I V/Z 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 Lc/Z:7 CHARLES CULPeat City of Round Rock, Texas 5. EXHIBIT "A" DESCRIPTION TELANDER Tract One & Two DESCRIPTION OF TWO TRACTS OF LAND .OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, SAME BEING PORTIONS OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 73 ACRES IN DEEDS TO ARNOLD TELANDER, OF RECORD IN VOLUME7$49, PAGE 807, AND VOLUME 849, PAGE 813, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND VOLUME 2129, PAGE 744, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; TRACT ONE BEING 0.394 OF ONE ACRE OF LAND AND TRACT TWO BEING 37.150 ACRES OF LAND; SAME BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT ONE: 0.394 OF ONE ACRE OF LAND BEGINNING at a 1/2 inch iron rod set at the northeast corner of this tract and of said Telander tract, same being the northwest corner of that certain tract of land described in a deed to Hollis Scruggs, of record in Volume 672, Page 415, Deed Records of Williamson County, Texas, same being in the south line of the Missouri Pacific Railroad, formerly the International and Great Northern Railroad, and at the southeast corner of that certain tract of land described in a deed to the International and Great Northern Railroad Company in Volume 27, Page 595, Deed Records of Williamson County, Texas, from which POINT OF BEGINNING a 3/4 inch iron pipe found at the northeast corner of that certain tract of land described in a deed to the City of Round Rock, of record in Volume 768, Page 648, Deed Records of Williamson County, Texas, bears N66 °02'13 "E 217.24 feet to a 1/2 inch iron rod set, N67 ° 26'18 "E a chord distance of 563.55 feet to a 1/2 inch iron rod found, and N69 °43'21 "E a chord distance of 239.81 feet, and from which POINT OF BEGINNING a 1/2 inch iron rod found at the northeast corner of that certain tract of land described in a deed to the Missouri Pacific Railroad, in Volume 2135, Page 594, Official Records of Williamson County, Texas, bears S66 °02'13 "W 7521.44 feet; THENCE, with the east line of this tract and of said Telander tract, and the west line of said Scruggs tract, S00 °19'11 "E 185.44 to a 1/2 inch iron rod set at the southeast corner of this tract, same being the northeast corner of that certain tract of land described as 1.935 acres in a deed to the City of Round Rock in Volume 1802, Page 539, Official Records of Williamson County, Texas, same being the beginning of a curve whose radius is 250.00 feet; THENCE, with the curving southwest line of this tract and the curving northeast corner of said 1.935 acres, crossing said Telander tract, to the left, an arc distance of 310.97 feet, the chord of which bears N78° 17'28 "W 291.31 feet to a 1/2 inch iron rod set at the end of said curve at the west corner of this tract, same being in the south line of said Railroad; THENCE, with the north line of this tract and of said Telander tract, and the south line of said Railroad, N66 °02' 13 "E 311.02 feet to the POINT OF BEGINNING and containing 0.394 of one acre within these metes and bounds. TRACT TWO: 37.150 ACRES OF LAND TELANDER Tract One & Two Page 2 BEGINNING at a 1/2 inch iron rod set at the northeast corner of this tract, same being in the east line of said Telander Tract, same being the southeast corner of said 1.935 acres, from which point a 1/2 inch iron rod set at the POINT OF BEGINNING of Tract One described above, same being the northeast of said Telander Tract, bears N00 °19'11 "W at 91.89 feet pass a 1/2 inch iron rod set at the northeast corner of said 1.935 acre tract, in all a total distance of 277.33 feet; THENCE, with the east line of this tract and of said Telander tract, same being the west line of said Scruggs tract, in part near the remnants of a barbed wire fence, S00° 19' 11 "E at 586.68 feet passing 5.95 feet east of a 3/8 inch iron rod found, in all a total distance of 672.32 feet to a 1/2 inch iron rod set at an angle point and S00 °47'48 "W at 180.35 feet passing 4.38 feet east of a 3/8 inch iron rod found, at 314.02 feet passing 2.66-feet east of a 3/8 inch iron rod found, at 539.10 feet passing on line an 8 inch hackberry in said barbed wire fence at a fence intersection, same being 2.05 feet east of a 1/2 inch iron rod found, in all a total distance of 949.95 feet to a point in the center of Brushy Creek, same being in the north line of that certain tract of land described in a deed to M.H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 230, Deed Records of Williamson County, Texas; THENCE, with the irregular south line of this tract and of said Telander tract, same being the irregular north line of said Freeman tract, with the center of Brushy Creek,. the following seven courses: • 1.) S81 °30'37 "W 192.81 feet to an angle point; 2.) S67 °24'36 "W 417.18 feet to an angle point; 3.) S27 °00'23 "W 235.17 feet to an angle point; 4.) S26 °45'38 "W 161.59 feet to an angle point; 5.) S31 °18'21 "W 124.52 feet to an angle point; 6.) S43 °32'56 "W 44.59 feet to an angle point; and 7.) N84 °48'09 "W 19.66 feet to a point at the southwest corner of this tract, same being in the southerly prolongation of the west line of the 15 foot wide portion of a waterline easement of• record in Volume 2543, Page 682, Official Records of Williamson County, Texas; - THENCE, crossing said Telander tract, with the southerly prolongation of the west line of said 15 foot wide portion of said waterline easement, and continuing with the west line of said 15 foot wide portion of said waterline easement, N00 °05'08 "W at 58.81 feet passing 15.00 feet west of a 60d nail found in the east line of said waterline easement, at 91.81 feet pass a 1/2 inch iron rod set as a reference point, at approximately 309.71 feet pass a point where said waterline easement narrows from 25 feet in width to 15 feet in width, and continuing with the west line of said 15 foot wide portion of said waterline easement, said location being based on the monumented east line of said waterline easement as referenced hP in all a total distance of 2132.44 feet to a 1/2 inch iron rod set at the northwest - _C of this tract and of said 15 foot wide waterline easement, same being in the south lit . of said 1.935 acres, same being '15.00 feet west of and 4.79 feet south of a 60d nail found in the east line of said waterline easement; THENCE, with the irregular north line of this tract and the irregular south line of said 1.935 acres, crossing said Telander tract, N66 °02'13 "E 675.83 feet to a 1/2 inch iron rod set at the beginning of a curve whose radius is 200.00 feet, and continuing with said curve to the right, an arc distance of 318.09 feet; -the chord of which bears S68 ° 21'49 "E 285.61 feet to the POINT OF BEGINNING and containing 37.150 acres within these metes and bounds. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive, Suite 6 Austin, Texas 78731 (512)451 -8591 Ju.'th J. McG y, Reg. P ili.stonal Land Surveyor No 2093 Note: This copy of this description is not valid unless an original signature through an original seal appears on its face. There is a prat to accompany this description. TELANDER Tract One & Two Page 3 EXHIBIT "B" SCRUGGS 3.637 Acres DESCRIPTION DESCRIPTION OF 3.637 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, SAME BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO HOLLIS SCRUGGS, OF RECORD IN VOLUME 672, PAGE 415, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.637 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found at the northeast corner of this tract and of said Scruggs tract, same being an exterior ell corner of that certain tract of land described in a deed to the City of Round Rock, of record in Volume 768, Page 648, Deed Records of Williamson County, Texas, same being in the curving south line of the Missouri Pacific Railroad, formerly the International and Great Northern Railroad, and the south line of that certain tract of land described in a deed to the International and Great Northern Railroad Company, of record in Volume 17, Page 606, Deed Records of Williamson County, Texas, from which POINT OF BEGINN'LNG a 3/4 inch i ron pipe found at the northeast corner of said City of Round Rock tract, same being in the south line of said Railroad, bears N69 ° 43'21 "E 239.81 feet; THENCE, with the irregular east line of this tract and of said Scruggs tract, and the irregular north line of said City of Round Rock tract, the following three courses: 1.) S19 ° 30'08 "E 22.05 feet to a 1/2 inch iron rod set at an exterior ell corner of this tract and of said Scruggs tract; 2.) S67 ° 31'17 "W 727.94 feet to a 5/8 inch iron rod found at an interior ell corner of this tract and of said Scruggs tract; and 3.) S31 ° 56'23 "W 59.98 feet to a PK nail found in concrete at an interior ell corner of this tract and of said Scruggs tract, from which point another PK nail found in concrete bears S88 ° 39'29 "W 5.99 feet; THENCE, continuing with the irregular east line of this tract and of said Scruggs tract, and the west line of said City of Round Rock tract, in part near a chain link fence, S00 ° 05'00 "W 1444.56 feet to a 1/2 inch iron rod found at an interior ell corner of this tract and of said Scruggs tract, same being the southwest corner of said City of Round Rock tract; THENCE, continuing with the irregular east line of this tract and of said Scruggs tract, and the south line of said City of Round Rock tract, with a line near a chain link fence, S84 ° 35'01 "E at 180.00 feet passing a 1/2 inch iron rod found on line near the end of said fence, in all a total distance of 367.04 feet to a point in the center of Brushy Creek at an exterior ell corner of this tract and of said Scruggs tract, same being the most southerly exterior ell corner of said City of Round Rock tract, same being in the irregular north line of that certain tract of land described in a deed to M.H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 230, Deed Records of Williamson County, Texas; SCRUGGS 3.637 Acres Page 2 THENCE, with the irregular east and southeast line of this tract and of said Scruggs tract, same being the irregular north line of said Freeman tract, with the center of Brushy Creek, the following six courses: 1.) S08 ° 25'31 "W 132.47 feet to an angle point; 2.) S27 °36'57 "W 110.11 feet to an angle point; 3.) S72 °11'45 "W 138.52 feet to an angle point; 4.) S56 °16'08 "W 151.79 feet to an angle point; 5.) S70 ° 31'09 "W 51.0 4 feet to an angle point; and 6.) S81 ° 30'37 " \V 16.63 feet to an angle point at the southwest corner of this tract and of said Scruggs tract, same being the southeast corner of that certain tract of land described as 73 acres in deeds to Arnold Telander, of record in Volume 849, Page 807, and Volume 849, Page 813, Deed Records of \Villiamson County, Texas, and Volume 2129, Page 744, Official Records of Williamson County, Texas; THENCE, with the west line of this tract and of said Scruggs tract, and the east line of said Teland'er tract, in part nezr the remnants of a barbed wire fence, N0O °47'47 - E, at 410.85 feet passing on line an 8' hackberry in said barbed wire fence at a fence intersection, same being 2.05 feet east of a 1/2 inch iron rod found, at 635.93 feet passing 2.66 feet east of a 3/8 inch iron rod found, at 769.60 feet passing 4.38 feet east of a 3/8 inch iron rod found, in all a total distance of 949.95 feet to a 1/2 inch iron rod set and N00 ° 19'11'W, at 85.64 feet passing 5.95 feet east of a 3/8 inch iron rod found, at 672.32 feet pass a 1/2 inch iron rod set at the southeast corner of that certain tract of land described as 1.935 acres in a deed to the City of Round Rock, in Volume 1802, Page 539, Official Records of Williamson County, Texas, and continuing with the east line of said 1.935 acres, at 764.21 feet pass a 1/2 inch iron rod set at the northeast corner of said 1.935 acre tract, and continuing with the east line of said Telander tract, in all a total distance of 949.65 feet to a 1/2 inch iron rod set at the northwest corner of this tract and of said Scruggs tract, same being the northeast corner of said Telander tract, same also being the southwest corner of said Railroad tract; THENCE, with the north line of this tract and of said Scruggs tract, and the south line of said Railroad, in part near a wire fence, N66 °02'13 "E 217.24 feet to a 1/2 inch iron rod set at the beginning of a curve whose radius is 11050.37 feet, and continuing with said curve to the right, an arc distance of 563.61 feet, the chord of which bears N67 °26' 18 "E 563.55 feet to the POINT OF BEGINNING and containing 3.637 acres within these metes and bounds. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 0 3301 Hancock Drive, Suite 6 S'� -- Austin, Texas 78731 (512)451 -6591 Li-``.• 5_ 3 1-94- GRA1' 13_ Judith J. Mc ray, Reg. P(fessional Land Surveyor No. 2093 ;s,a°•: O Note: This copy of this description is not valid unless an original signature through = - - ---- an original seal appears on its face. There is a plat to accompany this description. J li� N CD _t O rAlt_ _ I 0 5 63 5 F d S I RsN I C ARNOLD 1ELANO i0 .1 rI ANO2 1 PC. 0 R 6 VOL 2129. PC. 714 � I TALL OF U04001.10E0 I/O INTERE5TII 6 111TRACT FIVE- 73 AC. -1 520E 1.935 AC.II �a I A$( 8 RANOER TO 1 01.410(4 3101(4(51)) _,""I I<at•» 000 8 0 (G0A(4 TO to 3)) I _ L)1 1 x:16 SPATE 1� .43. PC. 602 n g N 6 0 00 z 37.150 AC. / es/ I a i I ,/ / a 5� P G Sa ? y r ` G�•`s. L ,P: . "917 t +emu r Pa a Jd .5 ..< 4. R " Wv� S , Y REAM TELWOER C. w ag ° o On' 28+8 6 0. 366, PC. 507 73 AG 0051 23.86 SEE DETAIL • A' TRACT TWO 10'• aiOE 001T 440110 MKS BtTA00M FENCES RE110 r! (441 A11S or Oaf r 'J O RE'OAMTS or 8• . 0.3' EAST %05061( 1.0.7.71044 zTC0A13R 0.147 0000 5.315 10.00' TO 30.00' TEMPORARY C0M5TOUCn0.1 7.,45(4401. v0L 1363. PC. 44 000 0390104 0004Y TO 6 CREEK WATER 0000401 Area NPROVCMEMI 04SIPiCT 00. 1 N VOL. 1754. Pe. 4. 527'00'23 - W 235.17' 626'45 161.59' 53118'21'0 124.52' 60016'60 «l BRUSHY CREEK PER SKCT04» ( OV.00tER CREEK 66]0•aa•w 5.•6' 60A0w*1 ESwr. - roL 550. Pc. 404. roE 148. PG. `51 1 n '•R 166, PC. 646 INC PH Loa EAsr Z 80058'11'0 81.66' 5 F 8500]6'(0 ` 9L1715 ` y A J 57211'45'W S5616'08 - W 1 81'30 -- ^' 570 51.04' 192.61' s6 581'30'37•W 16.63' pv BRUSH0 CRUX 154 ITS 4G100R8105( 81 a4t� °w 'e 1 .9 \ L bt p,'Eu •V "14) �` •t # \ \T V1 ; 4 d q ((f 46R e lll > \N ' S9 g : lek � \�, W6 Ya e >st 6 < xAPP60x 5 • • CITY Or ROUND ROCK VOL 760, PC. 646 131.372 AC.I A051 GENE 605800 3170 arrE. .� 00 EU11400104 .064 005500 ;?4' VCR_ a 040 350. PC. 404 7, 676, PC. 626 n n 5(31.00 AG)< COOIE McCann AR0 01 >E, 203 (8.10010 u.GnTY v ^w 0CI. 531, PC. 166 `_°•YA o� St-t- -' �n `( \S 10 7 s6/ �' 'Sy 7. Kt. 1.1.411T7 ANO 811E 010 u.O.RIT vOl 504, P0. 340 432.43 AC.17 HOLUS 5CRUGG5 rn VOL 672. PC. 415 \S'y (3.6 AC.) a 7 IS0213SE t615 5(1103•. 1671•)( . 3.01 . E 367, i E '6b z» . 21 04 \ aloo 13 -500 NO /33 532.17 AC.< �\ 1 1 IS4103'w 1111 51195'N 117•( , 1(041901 4471( CENTER Or BRUSHY CREM 1 51175 1 • SEE MOTE 2. 1 132.47' I M S2716'5 •W 110.11' . 138.52' .79' 11.4. FREEMAN ARO 40FE, VERA 11AUR1NE 800(04...N VOL 343. PC. 230 )240 AC., 610RE OR LESS( RECORDIMIS fdlalORANDUSI All or parts of tbs text on this pap vu not clearly legible for satisfactory recordation. NOTES I'OR SCRUGGS & TELANDER: 0. TLCU comer of Drusby Creek points were calculated bawl an other . creek. D. The Missouri Pacific Railroad w6i formerly the International & Great C. There are 1114000)= and improvements, such as 0040.00 slabs and a sht tract that are not shown hereon. D. The dexriplion for the waterline easement in Volume 2543, Page 61 northeast corner of the Telander tract as the nonllwosl corner. and 410 N6t•01'46•W 1.67 feel. No..d4er, if you change the diratim Doc# 9875068 kt Pages: 13 Date : 12 - 18 -1998 Time : 02:09:53 P.M. Filed & Recorded in Official Records of WILLIAMSQN County, TX. NANCY E. RISTER COUNTY CLERK Rec. $ 33.00 THE STATE OF TEXAS CI;r;TY OF l:91_i. Thi I h srii'y'nz }tq;= !CCnment we FILED and th, P., Ards of County% Texas on the dais and time star,,, Jtheran. County Clerk Williamson County, Texas CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 K:\ WPDOCS \ORDINANC \O81112A5.WPD /eC9 ORDINANCE NO. R ' 7a' ii a 945 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.394 ACRES OF LAND (PARCEL A TRACT 1) AND 37.150 ACRES OF LAND (PARCEL A TRACT 2) AND 3.637 ACRES OF LAND (PARCEL B TRACT 1) OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, 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: 0.394 acres of land (Parcel A Tract 1) and 37.150 acres of land (Parcel A Tract 2) and 3.637 acres of land (Parcel B Tract 1) out of the Joseph Marshall Survey, Abstract No. 409, 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 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 6th day of October, 1998, at City Hall, Round Rock, Texas; and the second hearing being held at 7:00 p.m. on the 8th day of October, 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. 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 /o tltJ 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: E LAND, City Secretary CHARLES CULP P Mayor City of Round Rock, Texas 5. EXHIBIT "A" DESCRIPTION TELANDER Tract One & Two DESCRIPTION OF TWO TRACTS OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, SAME BEING PORTIONS OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 73 ACRES IN DEEDS TO ARNOLD TELANDER, OF RECORD IN VOLUME PAGE 807, AND VOLUME 849, PAGE 813, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND VOLUME 2129, PAGE 744, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; TRACT ONE BEING 0.394 OF ONE ACRE OF LAND AND TRACT TWO BEING 37.150 ACRES OF LAND; SAME BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT ONE: 0.394 OF ONE ACRE OF LAND BEGINNING at a 1/2 inch iron rod set at the northeast corner of this tract and of said Telander tract, same being the northwest corner of that certain tract of land described in a deed to Hollis Scruggs, of record in Volume 672, Page 415, Deed Records of Williamson County, Texas, same being in the south line of the Missouri Pacific Railroad, formerly the International and Great Northern Railroad, and at the southeast corner of that certain tract of land described in a deed to the International and Great Northern Railroad Company in Volume 27, Page 595, Deed Records of Williamson County, Texas, from which POINT OF BEGINNING a 3/4 inch iron pipe found at the northeast corner of that certain tract of land described in a deed to the City of Round Rock, of record in Volume 768, Page 648, Deed Records of Williamson County, Texas, bears N66 °02'13 "E 217.24 feet to a 1/2 inch iron rod set, N67 °26'18 "E a chord distance of 563.55 feet to a 1/2 inch iron rod found, and N69 °43'21 "E a chord distance of 239.81 feet, and from which POINT OF BEGINNING a 1/2 inch iron rod found at the northeast corner of that certain tract of land described in a deed to the Missouri Pacific Railroad, in Volume 2135, Page 594, Official Records of Williamson County, Texas, bears S66 °02'13 "W 7521.44 feet; THENCE, with the east line of this tract and of said Telander tract, and the west line of said Scruggs tract, S00 °19'11 "E 185.44 to a 1/2 inch iron rod set at the southeast comer of this tract, same being the northeast corner of that certain tract of land described as 1.935 acres in a deed to the City of Round Rock in Volume 1802, Page 539, Official Records of Williamson County, Texas, same being the beginning of a curve whose radius is 250.00 feet; THENCE, with the curving southwest line of this tract and the curving northeast corner of said 1.935 acres, crossing said Telander tract, to the left, an arc distance of 310.97 feet, the chord of which bears N78° 17'28 "W 291.31 feet to a 1/2 inch iron rod set at the end of said curve at the west corner of this tract, same being in the south line of said Railroad; THENCE, with the north line of this tract and of said Telander tract, and the south line of said Railroad, N66 °02' 13 "E 311.02 feet to the POINT OF BEGINNING and containing 0.394 of one acre within these metes and bounds. TRACT TWO: 37.150 ACRES OF LAND BEGINNING at a 1/2 inch iron rod set at the northeast corner of this tract, same being in the east line of said Telander Tract, same being the southeast corner of said 1.935 acres, from which point a 1/2 inch iron rod set at the POINT OF BEGINNING of Tract One described above, same being the northea.st of said Telander Tract, bears N00 ° 19'11 "W at 91.89 feet pass a 1/2 inch iron rod set at the northeast corner of said 1.935 acre tract, in all a total distance of 277.33 feet; THENCE, with the east line of this tract and of said Telander tract, same being the west line of said Scruggs tract, in part near the remnants of a barbed wire fence, S00 ° 19'11 "E at 586.68 feet passing 5.95 feet east of a 3/8 inch iron rod found, in all a total distance of 672.32 feet to a 1/2 inch iron rod set at an angle point and S00 °47'48 "W at 180.35 feet passing 4.38 feet east of a 3/8 inch iron rod found, at 314.02 feet passing 2.66•feet east of a 3/8 inch iron rod found, at 539.10 feet passing on line an 8 inch hackberry in said barbed wire fence at a fence intersection, same being 2.05 feet east of a 1/2 inch iron rod found, in all a total distance of 949.95 feet to a point in the center of Brushy Creek, same being in the north line of that certain tract of land described in a deed to M.H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 230, Deed Records of Williamson County, Texas; THENCE, with the irregular south line of this tract and of said Telander tract, same being the irregular north line of said Freeman tract, with the center of Brushy Creek, the following seven courses: • 1.) S81 °30'37 "W 192.81 feet to an angle point; 2.) S67 °24'36 "W 417.18 feet to an angle point; 3.) S27 °00'23 "W 235.17 feet to an angle point; 4.) S26 °45'38 "W 161.59 feet to an angle point; 5.) S31° 18'21 "W 124.52 feet to an angle point; 6.) S43 °32'56 "W 44.59 feet to an angle point; and 7.) N84 °48'09 "W 19.66 feet to a point at the southwest corner of this tract, same being in the southerly prolongation of the west line of the 15 foot wide portion of a waterline easement of record in Volume 2543, Page 682, Official Records of Williamson County, Texas; THENCE, crossing said Telander tract, with the southerly prolongation of the west line of said 15 foot wide portion of said waterline easement, and continuing with the west line of said 15 foot wide portion of said waterline easement, N00 °05'08 "W at 58.81 feet passing 15.00 feet west of a 60d nail found in the east line of said waterline easement, at 91.81 feet pass a 1/2 inch iron rod set as a reference point, at approximately 309.71 feet pass a point where said waterline easement narrows from 25 feet in width to 15 feet in width, and continuing with the west line of said 15 foot wide portion of said waterline easement, said location being based on the monumented east line of said waterline easement as referenced hf - ein, in all a total distance of 2132.44 feet to a 1/2 inch iron rod set at the northwest - _; of this tract and of said 15 foot wide waterline easement, same being in the south lit , of said 1.935 acres, same TELANDER Tract One & Two Page 2 being '15.00 feet west of and 4.79 feet south of a 60d nail found in the east line of said waterline easement; THENCE, with the irregular nortli line of this tract and the irregular south line of said 1.935 acres, crossing said Telander tract, N66 °02'13 "E 675.83 feet to a 1/2 inch iron rod set at the beginning of a curve whose radius is 200.00 feet, and continuing with said curve to the right, an arc distance of 318.09 feet —the chord of which bears S68 °21'49 "E 285.61 feet to the POINT OF BEGINNING and containing 37.150 acres within these metes and bounds. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301.Hancock Drive, Suite 6 Austin, Texas 78731 (512)451 -8591 5-31-9 Ju.'th J. McG y, Reg. P $.sional Land Surveyor No 2093 Date Note: This copy of this description is not valid unless an original signature through an original seal appears on its face. There is a plat to accompany this description. TELANDER Tract One & Two Page 3 EXHIBIT "B" SCRUGGS 3.637 Acres DESCRIPTION DESCRIPTION OF 3.637 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, SAME BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO HOLLIS SCRUGGS, OF RECORD IN VOLUME 672, PAGE 415, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.637 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found at the northeast corner of this tract and of said Scruggs tract, same being an exterior ell corner of that certain tract of land described in a deed to the City of Round Rock, of record in Volume 768, Page 648, Deed Records of Williamson County, Texas, same being in the curving south line of the Missouri Pacific Railroad, formerly the International and Great Northern Railroad, and the south line of that certain tract of land described in a deed to the International and Great Northern Railroad Company, of record in Volume 17, Page 606, Deed Records of Williamson County, Texas, from which POINT OF BEGINNNING a 3/4 inch iron pipe found at the northeast comer of said City of Round Rock tract, same being in the south line of said Railroad, bears N69 ° 43'21 "E 239.81 feet; THENCE, with the irregular east line of this tract and of said Scruggs tract, and the irregular north line of said City of Round Rock tract, the following three courses: 1.) S19 ° 30'08 "E 22.05 feet to a 1/2 inch iron rod set at an exterior ell corner of this tract and of said Scruggs tract; 2.) S67 ° 31'17 "W 727.94 feet to a 5/8 inch iron rod found at an interior ell corner of this tract and of said Scruggs tract; and 3.) S31 ° 56'23 "W 59.98 feet to a PK nail found in concrete at an interior ell corner of this tract and of said Scruggs tract, from which point another PK nail found in concrete bears S88 ° 39'29 "W 5.99 feet; THENCE, continuing with the irregular east line of this tract and of said Scruggs tract, and the west line of said City of Round Rock tract, in part near a chain link fence, S00 ° 05'00 "1V 1444.56 feet to a 1/2 inch iron rod found at an interior ell corner of this tract and of said Scruggs tract, same being the southwest corner of said City of Round Rock tract; THENCE, continuing with the irregular east line of this tract and of said Scruggs tract, and the south line of said City of Round Rock tract, with a line near a chain link fence, S84 ° 35'01 "E at 180.00 feet passing a 1/2 inch iron rod found on line near the end of said fence, in all a total distance of 367.04 feet to a point in the center of Brushy Creek at an exterior ell corner of this tract and of said Scruggs tract, same being the most southerly exterior ell corner of said City of Round Rock tract, same being in the irregular north line of that certain tract of land described in a deed to M.H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 230, Deed Records of Williamson County, Texas; THENCE, with the irregular east and southeast line of this tract and of said Scruggs tract, same being the irregular north line of said Freeman tract, with the center of Brushy Creek, the following six courses: 1.) S08 ° 25'31 "1V 132.47 feet to an angle point; 2.) S27 °36'57 "W 110.11 feet to an angle point; 3.) S72°11 '45"W 138.52 feet to an angle point; 4.) S56 °16'08 "W 151.79 feet to an angle point; 5.) S70 °31'09 "W 51.04 feet to an angle point; and 6.) S81 ° 30'37 "1V 16.63 feet to an angle point at the southwest corner of this tract and of said Scruggs tract, same being the southeast corner of that certain tract of land described as 73 acres in deeds to Arnold Telander, of record in Volume 849, Page 807, and Volume 849, Page 813, Deed Records of Williamson County, Texas, and Volume 2129, Page 744, Official Records of Williamson County, Texas; THENCE, with the west line of this tract and of said Scruggs tract, and the east line of said Telander tract, in part near the remnants of a barbed wire fence, N00 °47'47 "E, at 410.85 feet passing on line an 8' hackberry in said barbed wire fence at a fence intersection, same being 2.05 feet east of a 1/2 inch iron rod found, at 635.93 feet passing 2.66 feet east of a 3/8 inch iron rod found, at 769.60 feet passing 4.38 feet east of a 3/8 inch iron rod found, in all a total distance of 949.95 feet to a 1/2 inch iron rod set and N00 ° 19'11 "W, at 85.64 feet passing 5.95 feet east of a 3/8 inch iron rod found, at 672.32 feet pass a 1/2 inch iron rod set at the southeast corner of that certain tract of land described as 1.935 acres in a deed to the City of Round Rock, in Volume 1802, Page 539, Official Records of Williamson County, Texas, and continuing with the east line of said 1.935 acres, at 764.21 feet pass a 1/2 inch iron rod set at the northeast corner of said 1.935 acre tract, and continuing with the east line of said Telander tract, in all a total distance of 949.65 feet to a 1/2 inch iron rod set at the northwest corner of this tract and of said Scruggs tract, same being the northeast corner of said Telander tract, same also being the southwest corner of said Railroad tract; THENCE, with the north line of this tract and of said Scruggs tract, and the south line of said Railroad, in part near a wire fence, N66 °02'13 "E 217.24 feet to a 1/2 inch iron rod set at the beginning of a curve whose radius is 11050.37 feet, and continuing with said curve to the right, an arc distance of 563.61 feet, the chord of which bears N67 ° 26'18 "E 563.55 feet to the POINT OF BEGINNING and containing 3.637 acres within these metes and bounds. SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC. 3301 Hancock Drive Texas 78731 Suite 6 /3? E \1 J, \ Austin, (512)451-8591 <, F� . v, f.. CRAY 1! Ju J. Mc ray, Reg. P fessional Land Surveyor No. 2093 Date ' 093 r•'c� Note: This copy of this description is not valid urdess an original signature through an original seal appears on its face. There is a plat to accompany this description. ■ SCRUGGS 3.637 Acres Page 2 1l1 �' O 1'SL P ' 311 • • 5 ,*# d ' \\ T \D a1> coou N 6 6'0 dvts.a STP � rogr T1•- TF. oo `/ �� O AS Fi� v 415E TELMEA TO TELAHOCR 5.11 RASE 7E1. TO .0 IELANOEA !11 1140 SPACE 43. PC. sea Sus. 2. 662 Nw 3 }1 CLARENCE 1ELMlOER TO 1 ARNOLD 1E2AN5ER VOL 2129, PC. 744 11AL1. OF UNOIVIOEO 1/2 INTERESTII I //TRACT FIVE- 73 AC. ±. 54E 1.935 AC./1 iEE DETAIL .30045'00'W // I....•0( POS96LE LOCAO04.4 A wASTEwATER UNFj PPEST eY TRACT TWO :C 37.150 AC. .4• 3 d" a s" 6 „,p s3. % °5 � rE'"°E _ • e 5 81 0 S26'45'38 "W 161.59' «( BRUSHY MG PER SKE)OR, 53118'21'W 124.52' 4G,404C"C `ON° 440 Y2 $ 54015 A .+ Yryry S0825 527'36'5 57211'45'W 138.52' 55616'08 'W 1 1.79' 570'31'09'W 51.04' S81'30'37 16.63' )UP BRUSHY CREEK PITH ITS NEANOGINCS( M.N. FREEMAN ANO WIFE, VERA UAURINE FREEMAN VOL 343, PC. 230 )240 AC., MORE OR LESS( 81.30'37, 292. Ia00 TO 30.00 1644PORARY CONSTRUCTION G351454?. 905. 1305. PC. 1a ANO ASRGIED To BRUSHY CREEK WATER CONTROL AN0 INP00*t,4 N0 013744C1 N0. 1 R6 9T4. 1754. PC. 1. 527 235.17' sill • 5. °4 k � t Y b. � 1 \• r,1 ,N 4'4 ry ��ss /� i 1Y 4�;XtAZ4j P�h N>E 4a � 'ti(( a y dllt `5 0( V i g9 �js: e :ga1' j 5 ya 1 . >M >l' .�6 7. APPROx ( 014400(56 CAM 6 71 s.66' (t. ROAIWAY (SUT '4 - 7(0014 3115. 050. PC. 0,. 3 05. 146. PC. 655 A 305. 766. PC. 64e 04C Pt v 1.7' EAST S Z 40019 mar ' 5,_ 45003fW 5 53.4171 C OF ROUND ROCK VOL 0 9 VO 768, PC. 648 131.372 AC.) AUGUST OCHE 605500 APO PIFE_ EUZAOETH AIN4 004500 e ..• 30. 530. PC. 404 4 301 676. PC. 635 • >(31440 AO.)C !rat EOM A E M 0(05 aleCARTV MO W p .7DENE uC 4 TY 55' 305. 537. Pc. 1s6 137.17 ALC w u ".. ILE(RM.c.7Y"ssC. To P � l� x I 305. 504, PC. 3.0( 9P S O ys>.a AL1> Se 1� P 0(8 * \ �s °3 � X p HOLUS SCRUGGS o 4.36' N VOL 672. PG. 415 \ (3.6 AG) 7>ll >s i ' 1 0 7TITE tar , 367.04 377. \ = 33 •1-sgt `1100 SCE (54193'0 1171 > 411131v 117 3(N4103E 117')C CURTER OF BRUSHY GREEK 111,15 9EAH004sla RECORDERS MEMORANDID4 All or parts of the test on this page vas not ' clearly legible for roierePtnrJ reoetdatfoa. 1'W 132.47' I "W 1)0.11' NOTES FOR SCRUCCS & TELANDER: A. • These center of Brushy Creek points were calculated basin on other : rock D. The Missouri Pacific Railroad was formerly the International & Great C. These u< utilities and improremenu, such as concrete slabs and a MM vac) that ue not shown hereon. D. The description for the waterline easement in Volume 2343, Page 61 nonheat Come( of the Telander trace a the nonhwest comes, and dot b� • Nb1'01 1.63 feet. tlawerer, if you change the direetio m•I 11 w .,. ... Date: November 6, 1998 Subject: City Council Meeting - November 12, 1998 Item: 9.A.5. Consider an ordinance annexing three tracts of land consisting of 0.394 acres (Parcel A Tract 1) and 37.150 acres (Parcel A Tract 2) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas and 3.637 acres (Parcel B Tract 1) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas. (Brushy Creek Regional Wastewater Treatment Plant) (First Reading) The two required public hearings were held on Tuesday, October 6, 1998 and Thursday, October 8, 1998. According to annexation regulations this ordinance must be adopted within 90 days of first reading. Applicant: Lower Colorado River Authority and City of Austin. Agent: Joseph J. Beal, P.E., Manager, Water Co. Division, LCRA and Toby Futrell, Assistant City Manager, City of Austin. Staff Resource Person: Joe Vining, Planning Director. Brushy Creek Regional Wastewater Treatment Plant 11118 J If a NB _ �!C rig"' nil 11. intuni