A-00-03-23-12C3 - 3/23/2000and
K:\UP000S\ORO: C\000Z.4O3.WPOie
ORDINANCE NO. /9 - 1,Q63
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
4.108 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 245, 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 Governm Code,
the owners of a tract of land containing 4.108 acres of land out of
the Memucan Hunt Survey, Abstract No. 245, 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
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 City Council has heard the arguments for and against
the annexation and has determined to grant the petition for
annexation.
III.
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
2
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.
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.
3
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,
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
4
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 with.
READ, PASSED, and ADOPTED on first reading this day
of , 2000.
Alternative 2.
READ and APPROVED on first reading this the :7V/
day of
4 aity, , 2000.
2 ( READ, APPROVED and ADOPTED on second reading this the
.J day of T 2 (A)
ATTEST:
LAND, City Secretary
, 2000.
RO:ERT A. STLUKA, 6d R., Mayor
City of Round Rock, Texas
5
4.108 ACRES
LOUIS HENNA RETAIL
ENDEAVOR REAL ESTATE GROUP
-- X 7/D /T ;q. f
DESCRIPTION
FN NO. 99- 344(CLS)
NOVEMBER 19, 1999
BPI NO. 1000 -02.93
OF A 4.108 ACRE TRACT OF LAND OUT OF AND PART OF THE
MEMUCAN HUNT SURVEY ABSTRACT NO. 314, SITUATED IN
WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 43
ACRE TRACT OF LAND OF RECORD IN VOLUME 353, PAGE 553 AND A
PORTION OF THAT CERTAIN 11.06 ACRE TRACT OF LAND CONVEYED
TO W.D.L. INVESTMENTS, INC. BY DEED OF RECORD IN VOLUME
1618, PAGE 273 BOTH OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 4.108 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 5/8 inch iron rod found in the southerly
line of County Road 170 (Louis Henna Boulevard- R.O.W.
varies) near a fence corner post being the northerly corner
of that certain boundary line agreement of record in
Document No. 9850638 of the Official Records of Williamson
County, Texas, for the northwesterly corner hereof, from
which an iron pipe found in the southerly line of County
Road 170 being the northwesterly corner of said 43 acres
bears S73 ° 23'28 "W, a distance of 581.16 feet;
THENCE, N72 ° 34'57 "E, along the southerly line of County
Road 170, being along a portion of the northerly line of
said 43 acres and along a portion of the northerly line of
said 11.06 acres, being the northerly line hereof, a
distance of 278.91 feet to a 1/2 inch iron rod with cap set
for the northeasterly corner hereof, from which a 1/2 inch
iron rod found in the southerly line of County Road 170
being the northernmost northeasterly corner of said 11.06
acres bears N72 ° 34'57 "E, a distance of 299.73 feet;
THENCE, S06 ° 46'19 "E, leaving the southerly line of County
Road 170, over and across said 11.06 acres, along the
easterly line hereof, passing at a distance of 187.63 feet
to a 1/2 inch iron rod with cap set in the proposed
southerly Right -of -Way line of State Highway 45 and
continuing for a total distance of 640.00 feet to a nail
found in the southerly line of said 11.06 acres, being the
northwesterly corner of Lot 14, Block "G" Remington Heights
Phase 2, Section A, a subdivision of record in Cabinet P,
Slides 258 -259 of the Plat Records of Williamson County,
Texas and the easternmost northeasterly corner of said 43
acres, for the southeasterly corner hereof;
THENCE, S83 ° 45'16 "W, leaving the northwesterly corner of
said Lot 14, along the common Deed line of said 11.06 acres
and said 43 acres, being the southerly line hereof, a
distance of 311.39 feet to a 1/2 inch iron rod found near a
fence corner post being the southerly corner of said
boundary line agreement of record and the southwesterly
corner hereof;
FN 99 -344' (CLS) .V
NOVEMBER 19, 1999
PAGE 2 OF 2
THENCE, NO3 ° 07'50 "W, leaving said common Deed Line, along
and with a fence being the agreed upon boundary line of
record, passing at a distance of 401.57 feet, a 1/2 inch
iron rod with cap set in said proposed southerly line of
State Highway 45 and continuing for a total distance of
586.80 feet to POINT OF BEGINNING, containing an area of
4.108 acres (178,941 sq. ft.), of land, more or less,
within these metes and bounds.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND
SURVEYOR, DO HEREBY CERTIFY THAT PROPERTY DESCRIBED HEREIN
WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY
DIRECTION AND SUPERVISION. A LAND TITLE SURVEY WAS PREPARED
TO ACCOMPANY THIS DESCRIPTION.
I /19/91
BURY & PITTMAN, INC.
ENGINEERS - SURVEYORS JOHN 7. BILNOSKI DATE
3345 BEE CAVES ROAD, SUITE 200 NO. 4998
AUSTIN, TEXAS 78746 STATE OF TEXAS
rG� r E'AF\
F JOHN T. BILNOSKI�
4998 P •Q-
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 SERVICE PLAN
February 17, 2000
4.108
(Endeavor Group: Tract II)
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 17, 2000
Subject: City Council Meeting — March 23, 2000
Item: 12.C.3. Consider an ordinance annexing 4.108 acres of land out of the
Memucan Hunt SurveyA -245, in Williamson County (Endeavor Group:
Tract 11). (Second Reading) This annexation procedure is authorized
under Section 43.028 of the Texas Local Government Code. A petition for
voluntary annexation has been submitted. The first reading of the
ordinance was approved on February 24, 2000. Applicant: ERG, Round
Rock, Ltd., Jeffrey S. Newberg, Executive Vice President. Staff Resource
Person: Joe Vining, Planning Director.
ENDEAVOR GROUP TRACT N
ANNEXATION OF 4.108 ACRES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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- 00- 03- 23 -12C3 which was approved and adopted by the City Council of the City
of Round Rock, Texas, at two meeting held on the 24th day of February 2000 and the
23rd day of March, 2000 as recorded in the minutes of the City of Round Rock in Book
42.
2000049303 1.0 Pes
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 28th
day of July 2000.
NNE LAND, Assistant City Manager/
City Secretary
and
N:\ WP000S \OPOINANC \00022403.WP0/ac
ORDINANCE NO. A-X (. Z `/ 9 )
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
4.108 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY,
ABSTRACT NO. 245, 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 4.108 acres of land out of
the Memucan Hunt Survey, Abstract No. 245, 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
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 City Council has heard the arguments for and against
the annexation and has determined to grant the petition for
annexation.
III.
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
2
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.
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.
3
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,
and to this end the provisions of this Ordinance are declared to be
severable.
M.
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
4
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 with.
READ, PASSED, and ADOPTED on first reading this day
of , 2000.
Alternative 2.
�1�
READ and APPROVED on first reading this the c J day of
J a /b iA.taA.). -t 2000.
i
READ, APPROVED and ADOPTED on second reading this the
3 ` day of , 2000.
ATTEST:
!1
E LAND, City Secretary
City of Round Rock, Texas
5
4.108 ACRES
LOUIS HENNA RETAIL
ENDEAVOR REAL ESTATE GROUP
xW /B /T ;4
DESCRIPTION
FN NO. 99- 344(CLS)
NOVEMBER 19, 1999
BPI NO. 1000 -02.93
OF A 4.108 ACRE TRACT OF LAND OUT OF AND PART OF THE
MEMUCAN HUNT SURVEY ABSTRACT NO. 314, SITUATED IN
WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 43
ACRE TRACT OF LAND OF RECORD IN VOLUME 353, PAGE 553 AND A
PORTION OF THAT CERTAIN 11.06 ACRE TRACT OF LAND CONVEYED
TO W.D.L. INVESTMENTS, INC. BY DEED OF RECORD IN VOLUME
1618, PAGE 273 BOTH OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 4.108 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 5/8 inch iron rod found in the southerly
line of County Road 170 (Louis Henna Boulevard— R.0.W.
varies) near a fence corner post being the northerly corner
of that certain boundary line agreement of record in
Document No. 9850638 of the Official Records of Williamson
County, Texas, for the northwesterly corner hereof, from
which an iron pipe found in the southerly line of County
Road 170 being the northwesterly corner of said 43 acres
bears S73 ° 23'28 "W, a distance of 581.16 feet;
THENCE, N72 ° 34'57 "E, along the southerly line of County
Road 170, being along a portion of the northerly line of
said 43 acres and along a portion of the northerly line of
said 11.06 acres, being the northerly line hereof, a
distance of 278.91 feet to a 1/2 inch iron rod with cap set
for the northeasterly corner hereof, from which a 1/2 inch
iron rod found in the southerly line of County Road 170
being the northernmost northeasterly corner of said 11.06
acres bears N72 ° 34'57 "E, a distance of 299.73 feet;
THENCE, S06 ° 46'19 "E, leaving the southerly line of County
Road 170, over and across said 11.06 acres, along the
easterly line hereof, passing at a distance of 187.63 feet
to a 1/2 inch iron rod with cap set in the proposed
southerly Right -of -Way line of State Highway 45 and
continuing for a total distance of 640.00 feet to a nail
found in the southerly line of said 11.06 acres, being the
northwesterly corner of Lot 14, Block "G" Remington Heights
Phase 2, Section A, a subdivision of record in Cabinet P,
Slides 258 -259 of the Plat Records of Williamson County,
Texas and the easternmost northeasterly corner of said 43
acres, for the southeasterly corner hereof;
THENCE, S83 ° 45'16 "W, leaving the northwesterly corner of
said Lot 14, along the common Deed line of said 11.06 acres
and said 43 acres, being the southerly line hereof, a
distance of 311.39 feet to a 1/2 inch iron rod found near a
fence corner post being the southerly corner of said
boundary line agreement of record and the southwesterly
corner hereof;
FN 99 -344 (CLS)
NOVEMBER 19, 1999
PAGE 2 OF 2
THENCE, NO3 ° 07'50 "W, leaving said common Deed Line, along
and with a fence being the agreed upon boundary line of
record, passing at a distance of 401.57 feet, a 1/2 inch
iron rod with cap set in said proposed southerly line of
State Highway 45 and continuing for a total distance of
586.80 feet to POINT OF BEGINNING, containing an area of
4.108 acres (178,941 sq. ft.), of land, more or less,
within these metes and bounds.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND
SURVEYOR, DO HEREBY CERTIFY THAT PROPERTY DESCRIBED HEREIN
WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY
DIRECTION AND SUPERVISION. A LAND TITLE SURVEY WAS PREPARED
TO ACCOMPANY THIS DESCRIPTION.
u // 9 l9 g
BURY & PITTMAN, INC.
ENGINEERS - SURVEYORS JOHN 7. BILNOSKI DATE
3345 BEE CAVES ROAD, SUITE 200 NO. 4998
AUSTIN, TEXAS 78746 STATE OF TEXAS
�i j F -T �
�. F9
JOHN T_ BILNOSKI -
° p 4998 PiQ
.U. ..`G
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 SERVICE PLAN
February 17, 2000
4.108
(Endeavor Group: Tract II)
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.
FILED MII RECORDER
OFFICIAL PUBLIC RECORDS
07 -28 -2000 04:01 PM 2000049303
MABRY $27.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Reguck Adwun
CITY OF ROUND ROCK
ADMINISTRATION
227 EAST MAIN STREET
ROUND ROCK. TEXAS 78684