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A-99-03-11-13A1 - 3/11/1999THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK DOC1t 9923403 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- 99- 03- 11 -13A1 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 March 1999 as recorded in the minutes of the City of Round Rock in Book 40. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 7th day of April 1999. NE LAND, Assistant City Manager/ City Secretary 9 and ORDINANCE NO. ri' 99- - 03- )1-- R 1 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.301 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, 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 is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS,pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 101.301 acres of land out of the Asa Thomas Survey, Abstract No. 609, in Williamson County (the "Property "), more fully described in Exhibit "A ", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one -half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore &:\ WPOOCS \ORLZWAWC \090311A1.WPO /9Cg TEXAS: 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 City Council has heard the arguments for and against the annexation and has determined to grant the petition for. annexation. 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. IV. That the owners and future 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. V. 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. 2 VI. 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. VII. 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. VIII. That this Ordinance shall become effective after its passage. IV. 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. X. 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, 3 and to this end the provisions of this Ordinance are declared to be severable. 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. 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 I with. READ,,PA SED / , and ADOPTED on first reading this ! 1 day of ak y , 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. XI. 4 ATTEST: READ, APPROVED and ADOPTED on second reading this the day of , 1999. ANNE LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 5 ,i( A? 26 -9 08: 56A The following field notes describe that portion of the Doyle Nickerson 119.997 acre tract that is,at the present date of August 20, 1997, inside the City Limits of Round Rock, Texas: 18.696 acres of land out of the Asa Thomas Survey in Williamson County, Texas and being a portion of that tract conveyed to Doyle Nickerson by deed recorded in Vol. 526. page 50, Williamson O,unty Deed Records; described metes and bounds as follows: BEGINNING at the northwest corner of said Nickerson tract; THENCE along the north line of said Nickerson tract, S89 ° 16'E 151.46 ft and N89 °58'30 "E 1658.42 ft to northeast corner of said Hickerson tract for corner; THENCE along the east line of said Nickerson tract, S18 °45'40 "E 475.36 ft for corner; THENCE N89 °57'42 "W 1817.09 ft to the west line of said Nickerson tract for corner; THENCE along the west line of said Nickerson tract, N17 °56'W 473.08 ft to the place of BEGINNING, containing 18.696 acres. Prepared from survey by James T. Watson dated May 12, 1986, of said 119.997 ac. By: WATSON SURVEYING 9501 CAPITAL OF TEXAS HWY. SUITE 303 AUSTIN, TX 78759 348 -8566 FAX 346 -8568 Stuart Watson, RPIS 4550 8/20/97 P. 03 Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXI -IIBIT B PROVISION OF SERVICES PLAN March 1, 1999 101.301 acres (Hickerson Tract) The City of Round Rock, Texas will provide the annexation area with Municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. Dock 9923403 k Pages: 9 Date : 04 -12 -1999 Time : 11:40:15 R.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. NANCY E. RISTER COUNTY CLERK. Rec. $ 25.00 ,IF dc,rum=n.l was FILED and 'fr l:'C(I!l "_:iY;;ii Of �t. C texas on the date and time tha, County Clerk Williamson County, Texas CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 ORDINANCE NO. R- 9g-03-11- / 3 A ) AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 101.301 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, 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 is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 101.301 acres of land out of the Asa Thomas Survey, Abstract No. 609, in Williamson County (the "Property "), more fully described in Exhibit "A ", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one -half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore K:\ wnoacs \axnleuxc \asa311n1.wen /ecg TEXAS: 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 City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. 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. IV. That the owners and future 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. V. 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. 2 VI. 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. VII. 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. VIII. That this Ordinance shall become effective after its passage. Iv. 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. X. 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, 3 and to this end the provisions of this Ordinance are declared to be severable. XI. 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. 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 AA with. � Y ' 1 D � ,PA � g y1 SSED, and ADOPTED on first reading this t I day of G"ht.r L � , 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. 4 READ, APPROVED and ADOPTED on second reading this the day of , 1999. ATTEST: ANNE LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 5 Au 26 -97 09:56A The following field notes describe that portion of the Doyle Nickerson 119.997 acre tract that ia,at the present date of August 20, 1997, inside the City Limits of Round Rock, Texas: 18.696 acres of land out of the Asa Thomas Survey in Williamson County, Texas and being a portion of that tract conveyed to Doyle Nickerson by deed recorded in Vol. 526, page 50, Williamson County Deed Records; described metes and bounds as follows: BEGINNING at the northwest corner of said Nickerson tract; THENCE along the north line of said Nickerson tract, 589 ° 18'E 151.46 ft and 1189 °58'30 "E. 1658.42 ft to northeast corner of said Nickerson tract for corner; THENCE along the east line of said Nickerson tract, 518 6 45'40 "E 475.38 ft for corner; THENCE N89 °57'42 "11 1817.09 ft to the west line of said Nickerson tract for corner; THENCE along the west line of said Nickerson tract, N17 °56'W 473.08 ft to the place of BEGINNING, containing 18.696 acres. Prepared from survey by James T. Watson dated May 12, 1986, of said 119.997 ac. BY: WATSON SURVEYING 9501 CAPITAL OF TEXAS HWY. SUITE 303 AUSTIN, TX 78759 348 -8566 FAX 346 -8568 Stuart Watson, RPLS 4550 8/20/97 P.03 Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBIT B PROVISION OF SERVICES PLAN March 1, 1999 101.301 acres (Hickerson Tract) The City of Round Rock, Texas will provide the annexation area with Municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. Date: March 5, 1999 Subject: City Council Meeting - March 11, 1999 Item: 13.A. 1. Consider an ordinance annexing 101.301 acres of land out of the Asa Thomas Survey, Abstract NO. 609, Williamson County, Texas. (Hickerson Tract) (First Reading). This annexation is authorized under Section 43.028 of the Local Government Code. A petition for voluntary annexation has been submitted by Doyle Nickerson. Applicant: Doyle Hickerson. Staff Resource Person: Joe Vining, Planning Director. s Hickerson Tract Original Zoning PUD • � r�li V 11 ono nnnm. ' E!U! �iiiY •u- emus iiriu�ii annum.