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A-01-02-08-8A8 - 2/8/2001• 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 attached is a true and correct copy of Ordinance No. A- 01 -02- 08-8A8 which was approved and adopted by the Round Rock City Council of the City of Round Rock, Texas, at a meeting held on the 8th day of February 2001, as recorded in the minutes of the City of Round Rock in Book 44. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 1st day of March 2001. 2001013903 11 pes A 1.) NNE LAND, Assistant City Manager/ City Secretary and x:\ weoocs \ORDINANC \oiozaene.wen /ac ORDINANCE NO. A ©i - 0 -OO - Me AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.125 ACRES OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, 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 0.125 acres of land out of the Robert McNutt Survey, Abstract No. 422, 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. H. 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 �J day of Jeku ATTEST: 2001. Alternative 2. READ and APPROVED on first reading this the day of , 2001. READ, APPROVED and ADOPTED on second reading this the day of , 2001. JANNE LAND, City Secretary ROBERT A. STLUKA, J ., Mayor City of Round Rock, Texas 5 TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owner of the hereinafter - described tract of land, which is vacant and without residents, hereby petitions your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: Being a portion of County Road 122 lying immediately north of U.S. Highway 79 and being more particularly described in the field notes and sketch attached hereto as Exhibit "A ". I hereby certify, under oath, that: (1) WILLIAMSON COUNTY, TEXAS IS THE TRUE AND ONLY OWNER OF THE ABOVE DESCRIBED TRACT OF LAND, and (2) The above - described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. STATE OF TEXAS COUNTY OF WILLIAMSON SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by John C. Doerfler this , 1g day of C i , 2001, A.D. RECORDERS MEMORANDUM All or pans of the text on this page was not dearly legible for satisfactory recordation. ANNEXATION PETITION L e l - 3C Gi John C. Dberfler, County Judge Will son County, Texas Notary Public, State of Texas PACE 2' OF 2 TEXAS RAINBOW COMPANY VOL. 1095 PG. 752 44.96 ACRES IRON ROD SET 0 IRON ROD FOUND • CUNC.MONUMENT FOUND • POINT OF BEGINNING P. BEARIND SA91S - THE CHORD REARM OF • 800.58 FOOT ARC PER DOCUMENT N0. 2000004166 OF THE OFFICIAL RECORDS OF 0611AM30N COUNTY. TEXAS. File, 597-706-54 81:8 JOHNSON EXHIBIT 0.125 ACRES SUBJECT TRACT O m DARNS 93 ACRES. LTD ET AL. DOC. 1990566 AND 000. 1 OF A CALLED 0313 ACRE TRACT 1 I vs N wY " NUMBER LI L2 L5 1.4 L5 L6 DISTANCE 9.36' 99.10' 99.0' 10.00' 5146' 0.00' LINE TABLE DIRECTION 5 54 E 5 02 °43'25" E N 02 ° 43'25" W N 02 W N 72 E 5 02 ° 43'25" E CURVE TABLE NUMBER CI C2 DEL TA 03 00 •15'22" CHORD BEARING N 74 E S 72 ° 5221" W RADIUS 0400.00 0519.16 ARC ' 626.32 51.47 CHORD' 626.24 51.47 Baker- Alcklen & Associates, Inc. EnglnHrs / Surveyors Pd. nom.: \ PROJE \ SARNES 93 \ 9 3ACSA SE 0.125 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 0.125 ACRE (5455 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, SAID 0.125 ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a found Texas Department of Transportation Type 2 Monument on a southwest corner of a called 93.13 Acre Tract of land as described in that deed to Barns 93 Acres, LTD., et al. by instrument recorded as Document No. 9911566 and Document No. 2000004166 of the Official Records of Williamson County, Texas, same being on the east right -of -way line of County Road 122, being a east corner hereof; THENCE parallel with the west right of way of County Road 122, 502°43'25 "E for a distance of 99.10 feet to the curving north right -of -way line of U.S. Highway 79 being the southeast corner hereof; THENCE with the said curving north right -of -way line of U.S. Highway 79, with the arc of a curve to the left, a central angle of 00 °15'22 ", a radius of 11519.16 feet, an arc length of 51.47 feet and a chord which bears S72 °52'21"W for a distance of 51.47 feet to the southeast comer of a called 44.96 Acre Tract of land as described in that deed to Texas Rainbow Company by instrument recorded in Volume 1095, Page 752 of the Official Records of said county, same being the said west right -of -way line of County Road 122, being the southwest corner hereof; THENCE departing the said curving right -of -way line of U.S. Highway 79, with the east boundary line of said 44.96 Acre Tract, same being the said - west right -of -line of County Road 122, NO2 °43'25"W passing at a distance of 99.13 feet a Texas Department of Transportation Type 2 Monument, in all a distance of 109.13 feet to the northwest corner hereof; THENCE departing the said east boundary of the 44.96 Acre Tract, across County Road 122, N72 °54'14 "E for a distance of 51.46 feet to the west boundary line of said 93.13 Acre Tract, same being the east said right -of -way line of County Road 122, being the northeast corner hereof; THENCE with the said west boundary line of said 93.13 Acre tract, same being the said east right -of -way line of County Road 122, S02 °43'25 "E for a distance of 10.00 feet to the POINT OF BEGINNING and contain 0.125 Acres of land. Surveyed under the direct supervision of the and 0:\597.506\6dd note. 0.125 AC 11-28-00 Donald J. Kirby Registered Professiotthl Land Surveyor No Baker- Aicklen & Assoc., Inc. 203 E. Main St., Ste, 201 Round Rock, TX 78664 i,i_. Lao°, 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 January 24, 2001 Portion of County Rd 122: 0.125 acres (Note: By formal agreement the subject tract is in the process of being converted to private property as County Road 122 is realigned north of U.S. Highway 79. Accordingly this property will ultimately be developed by the new owner by way of the platting process). 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. None is required. None is required. FlE5 `n' it RECORDED OFFICIAL PUBLIC RECORDS ir<takOk 03- 02 -200T 10:32 AM 2001013903 ANDERSON $29.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 and x:\ WPUOCS \oRDterauc \oiuxoeae.WM /ac ORDINANCE NO. A- D1 - W-08- Me AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.125 ACRES OF LAND OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, 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 0.125 acres of land out of the Robert McNutt Survey, Abstract No. 422, 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. 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 U Q day of Alternative 2. READ and APPROVED on first reading this the day of , 2001. READ, APPROVED and ADOPTED on second reading this the day of , 2001. ATTEST: 2001. J ).NNE LAND, City Secretary ROBERT A. STLUKA, J$/, Mayor City of Round Rock, Texas 5 TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The undersigned owner of the hereinafter - described tract of land, which is vacant and without residents, hereby petitions your Honorable City Council to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: Being a portion of County Road 122 lying immediately north of U.S. Highway 79 and being more particularly described in the field notes and sketch attached hereto as Exhibit "A ". I hereby certify, under oath, that: (1) WILLIAMSON COUNTY, TEXAS IS THE TRUE AND ONLY OWNER OF THE ABOVE DESCRIBED TRACT OF LAND, and (2) The above- described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. STATE OF TEXAS COUNTY OF WILLIAMSON SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by John C. Doerfler this g(.7 day of 2001, A.D. ANNEXATION PETITION I - 30 - 0 erfler, County Judge son County, Texas Notary Public, State of Texas PAGE 2 OF 2 TEXAS RAWSON COMPANY 001.1095 PG. 752 44.36 ACRES LEBENO IRON R00 SET 0 IRON R00 POUND • CONC.MONUNEN7 FOUND ■ POINT OF BEGINNING P.0,6. *SEARING OASIS - THE CHORD 0048460 OF A 900.36 FOOT ARC PER DOCUMENT N40 200000446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS. File: 597- 706-54 BY: B JOHNSON E HII3MYa 0.125 ACRES SUBJECT TRACT DOC. 19900 AND 006.12000009166 LTD., AL. OF A GALLED 9323 ACRE TRACT U. He 79 L INE TABLE DIRECTION $ 54 ° 21'06" E S 02 °43'25" E N 02 ° 43'25" W N 02 °43'25" W N 72 ° 5474" E $ 02'43'25" E CURVE TABLE NUMBER LI L2 L3 L4 13 L6 DISTANCE 9.36' 99.10' 99.13' 10.00' 51.46' 10.00' NUMBER C1 C2 DELTA 03 ° 06'52" 00 ° 15'22" CHORD BEARING N 74°35'30"E S 72 ° 52'21" W RADIUS 11400.00 11519.16 ARC 626.32 51.47 CHORD' 626.24 51.47 Baker- Alcklen & Assoolst•s, Inc. Eo I ears / Surveyors 09. memm: W:\PROJECTS\BARNES65193ACBA0E 0.125 Acre Tract EXHIBIT "A" DESCRIPTION FOR A 0.125 ACRE (5455 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, SAID 0.125 ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a found Texas Department of Transportation Type 2 Monument on a southwest corner of a called 93.13 Acre Tract of land as described in that deed to Barns 93 Acres, LTD., et al. by instrument recorded as Document No. 9911566 and Document No. 2000004166 of the Official Records of Williamson County, Texas, same being on the east right -of -way line of County Road 122, being a east corner hereof; THENCE parallel with the west right of way of County Road 122, S02°43'25"E for a distance of 99.10 feet to the curving north right -of -way line of U.S. Highway 79 being the southeast corner hereof; THENCE with the said curving north right -of -way line of U.S. Highway 79, with the arc of a curve to the left, a central angle of 00°15'22 ", a radius of 11519.16 feet, an arc length of 51.47 feet and a chord which bears S72 °52'21 "W for a distance of 51.47 feet to the southeast corner of a called 44.96 Acre Tract of land as described in that deed to Texas Rainbow Company by instrument recorded in Volume 1095, Page 752 of the Official Records of said county, same being the said west right -of -way line of County Road 122, being the southwest corner hereof; THENCE departing the said curving right -of -way line of U.S. Highway 79, with the east boundary line of said 44.96 Acre Tract, same being the said west right -of -line of County' Road 122, NO2 °43'25"W passing at a distance of 99.13 feet a Texas Department of Transportation Type 2 Monument, in all a distance of 109.13 feet to the northwest corner hereof; THENCE departing the said east boundary of the 44.96 Acre Tract, across County Road 122, N72 °54'14 "E for a distance of 51.46 feet to the west boundary line of said 93.13 Acre Tract, same being the east said right -ofway line of County Road 122, being the northeast corner hereof THENCE with the said west boundary line of said 93.13 Acre tract, same being the said east right -of -way line of County Road 122, S02 °43'25"E for a distance of 10.00 feet to the POINT OF BEGINNING and contain 0.125 Acres of land. Surveyed under the direct supervision of the and Donald J. Kirby Registered Professiotnhl Land Surveyor No Baker- Aicklen & Assoc., Inc. 203 E. Main St, Ste, 201 Round Rock, TX 78664 .15974061hetd nobs 0.125 AC 11 -26-00 Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FLRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBIT B PROVLSION OF SERVICE PLAN January 24, 2001 Portion of County Rd 122: 0.125 acres (Note: By formal agreement the subject tract is in the process of being converted to private property as County Road 122 is realigned north of U.S. Highway 79. Accordingly this property will ultimately be developed by the new owner by way of the platting process). 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. None is required. None is required. DATE: February 2, 2001 SUBJECT: City Council Meeting — February 8, 2001 ITEM: 8.A.8. Consider an ordinance annexing 0.125 acres of land out of the Robert McNutt Survey, A -422, in Williamson County, Texas (Portion of County Road 122). (First Reading) This annexation procedure is authorized under Section 43.028 of the Texas Local Government Code. A petition for voluntary annexation has been submitted. Applicant: Williamson County. Resource: Joe Vining, Planning Director History: The purpose of this annexation is to establish city services eligibility for the adjacent proposed Pioneer Crossing development tract which lies immediately east of CR 122. Funding: Cost: Provision of city services Source of Funds: General Fund Outside Resources: Williamson County Impact: Fire and Police Benefit: Expanded ad valorem and sales tax base with ultimate adoption of original zoning. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government Code. Sponsor: Planning and Community Development Department