O-2023-334 - 10/12/2023 ORDINANCE NO. 0-2023-334
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 6.52
ACRES OF COUNTY ROAD 118 RIGHT-OF-WAY IN WILLIAMSON
COUNTY, TEXAS; 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 of Round Rock, Texas (the "City") is a duly constituted
Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and
WHEREAS, the City desires, pursuant to Section 43.1055 of the Local
Government Code, to annex approximately 6.52 acres of CR 118 right-of-way south of
University Boulevard, more fully described and depicted in Exhibit "A," attached hereto
and incorporated herein for all purposes (collectively the "Property"); and
WHEREAS, pursuant to Texas Local Government Code, Chapter 43, Section
43.003, a home-rule municipality may extend to the boundaries of the municipality and
annex area adjacent to the municipality; and
WHEREAS, Texas Local Government Code, Chapter 43, Section 43.1055
authorizes municipalities to annex Road Rights-of-Way on request or without objection
of the owner or the maintaining political subdivision under the procedures prescribed by
Subchapter C-1 ; and
WHEREAS, the Williamson County owns and maintains a 6.52 acre portion of
County Road 118 south of University Boulevard; and
0112.20212:4865-229;-2 1 S2
WHEREAS, the City notified the County of its intent to annex said 6.52 acre
portion of CR 118 in writing on August 02, 2023, attached as Exhibit "B" hereto and
incorporated herein for all purposes; and
WHEREAS, the County has not submitted a written objection to the City
before October 12, 2023; and
WHEREAS, the City Council provided public notice and held a public hearing on
August 24, 2023, and September 14, 2023 for all interested persons to attend and be
heard in accordance with Texas Local Government Code, Chapter 43, Subchapter C-1,
Section 43.063; and
WHEREAS, the City has complied with all requirements established under the
Texas Local Government Code necessary to take this action annexing the Property,
WHEREAS, the City Council hereby considers it appropriate to grant the petition
for annexation, Now Therefore
BE IT ORDAINED BY THE CITY 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.
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III.
That the property described in Exhibit "A" 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.
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 Clerk is hereby directed and authorized to file a certified copy of this
Ordinance in the Office of the County Clerk of Williamson County, Texas.
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
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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.
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 of
� day
ockolpek ' 2023.
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Alternative 2.
READ and APPROVED on first reading this the day of
, 2023.
READ, APPROVED and ADOPTED on second reading this the day of
12023.
m 41
CRAIG MO GAN, 46yor
City of Rou d Roc Texas
z
:
Meagan Spink5 City itlerk
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Exhibit "A"
Property Description
6.52 acres of CR 118 right-of-way, located south of University Boulevard.
[See attached map.]
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EXHIBIT
A„
County Road 118 Annexation:
DESCRIPTION OF PARCEL OF LAND SITUATED IN THE HENRY MILLARD SURVEY,ABSTRACT NO. 452,THE
AARON ARMSTRONG SURVEY, ABSTRACT NO. 26, ANDTHE GEORGE KEITH SURVEY,ABSTRACT NO.370,
IN WILLIAMSON COUNTY,TEXAS, SAID PARCEL BEING A PORTION OF COUNTY ROAD 118 IN
WILLIAMSON COUNTY,TEXAS, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING at a point (approximate x=3158541.63, y=10188152.52) on the existing westerly right-of-
way (ROW) line of C.R. 118, for the southeasterly corner of that called 2.73 acre tract of land
described in that certain City Limits Annexation to City of Round Rock, Texas, Ordinance No. 0-2022-
364, said point being the northeasterly corner of that called 75.0 acre tract of land in a Correction
Executor's Deed to Christy D. Noren and Jenny E. Noren recorded in Document No. 2015015382, of
the Official Public Records of Williamson County, Texas, and being described in Volume 781, Page
247, of the Deed Records of Williamson County, Texas, and for the POINT OF BEGINNING of the
herein described parcel;
THENCE, in a northwesterly direction, with the existing easterly boundary line of said 2.73 acre tract
of land, crossing said C.R. 118, to a point for a corner of said 2.73 acre tract of land and for the
northwesterly corner of the herein described tract;
THENCE, in a northeasterly direction, crossing the former C.R. 118, to a point in the existing easterly
ROW line of C.R. 118, same line being the westerly boundary line of that called 11.02 acre tract of land
described in a Special Warranty Deed to JHAWC Holdings, LLC recorded in Document No.2019081778,
Official Public Records, for a corner of the herein described parcel;
THENCE, in a southeasterly direction, along the existing easterly ROW line of C.R. 118, same line being
the westerly boundary line of the following tracts:
• Said 11.02 acre tract of land,
• that called 2.28 acre tract of land described in a Warranty Deed with Vendor's Lien to
Hellshire Group Holdings, LLC recorded in Document No. 2021154785, Official Public Records,
• that called 2.723 acre tract of land described in a General Warranty Deed to 801 CR118,
LLC recorded in Document No. 2022029154, of the Official Public Records,
• that called 10.0 acre tract of land described to Arborwood Realty LLC in a Warranty Deed
with Vendor's Lien recorded in Document No.2022027819, Official Public Records,
• that called 4.69 acre tract of land described in a Special Warranty Deed with Vendor's Lien to
RSI
• Equity Partners LLC recorded in Document No. 2018093255, Official Public Records that called
2.345 acre tract of land described in a General Warranty Deed with Vendor's Lien to Michael
Schuster and wife Debbie S. Schuster recorded in Volume 1133, Page 720, Official Records
• that called 2.343 acre tract of land described in a Warranty Deed with Vendor's Lien to George
G.Tkaczyk recorded in Document No.9662425, Official Records,
• that called 2.00 acre tract of land described in a Warranty Deed with Vendor's Lien to Erik H.
Harris and Staycye Harris recorded in Document No. 199938977, Official Public Records
• that called 5.953 acre,Lot 1, Block"A", Final Plat of Protex Subdivision recorded in Document
No. 2020112283, Official Public Records,
• that called 2.00 acre and 9.99 acre tracts of land described in a Warranty Deed to Store
MASTER Funding XIV, LLC recorded in Document No. 2019061873, Official Public Records
• that called 5.006 acre tract of land described in a General Warranty Deed to LSBD Round
Rock 118, LLC recorded in Document No. 2023007100, Official Public Records,
• that called 4.37 acre tract of land described in a General Warranty Deed to LSBD Round Rock
118, LLC recorded in Document No. 2023007102, Official Public Records,
• to a point on the northerly ROW line of C.R. 118, same point being the southwest corner of
said 4.37 acre tract.
THENCE, in a southerly direction to crossing over to a point in the south boundary of County Road
118 along the southerly ROW line of C.R. 118, same line being the northerly boundary line of the
following tracts of land,
• the Northwest corner that called a 145.7 acre remnant tract of land described in a Warranty
Deed to John David Youngbloom recorded in Document No. 2005102732, Official Public
Records,
• that called 4.332 acre tract of land described in a Cash Warranty Deed to Dow T. Hudson and
Gay Hudson recorded in Document No. 2004022939, Official Public Records, to a point in the
existing southerly ROW line of said C.R. 118.
• that called 3.696 acre tract of land described in a General Warranty Deed with Vendor's Lien
to Calvary Apostolic Church of Texas, Inc., recorded in Document No. 2021116523, Official
Public Records,
to a point in the existing easterly ROW line of said C.R. 118, for the southeast corner of that called 100
acre tract of land described in a Deed Marshall Ford and wife Ruby Ford recorded in Volume 469, Page
157, Deed Records and in Probate Document No. 2022127780, Official Public Records, for the
southwest corner of the herein described parcels.
THENCE, in a northerly direction, along the existing westerly ROW line of said C.R. 118, same line being
the easterly boundary line of the following tracts of land:
• said 100 acre tract of land,
• that called 25.0 acre tract of land described in a Correction Executor's Deed to Christy D.
Noren and Jenny E. Noren recorded in Document No. 2015015382,Official Public Records,and
described in Volume 587, Page 949, Deed Records,
• and the aforementioned 75.0 acre Noren tract,
to the POINT OF BEGINNING and containing approximately 6.52 acres.
This is a Right-of-Way description for a portion of County Road 118, Williamson County, Texas. The full
description includes the remaining County Road 118, a portion of County Road 100 and a portion and a
portion of Chandler Road. The descriptions were provided by Inland Geodetics as professional services
for the City of Round Rock,Texas.
Exhibit"A"
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Subject Tract
6.52 ac.
CR 118 Subject Tract
ROW to be released by WILCO 6.68 ac.
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Area to be annexed and zoned N
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Exhibit "B"
Letter to County re: CR 118 Annexation
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Exhibit "B"
Mayor Councitmembers City Manager
Craig Morgan Michelle Ly Laurie Hadley
Rene Flores
Frank Ortega
aPL"HIN�GTO ROCK TEXAS Mayor Pro-Tem Kristin Stevens City Attorney
DEVELOPMENT SERVICES Matthew Baker Hilda Montgomery Stephanie Sandre
August 02, 2023
Russ Boles CERTIFIED MAIL#9171999991703653027638
Precinct Four Commissioner RETURN RECEIPT REQUESTED
3001 Joe DiMaggio Blvd
Round Rock,TX 78665
RE: CR 118 Annexation
Gentleman,
On May 23, 2023, Governor Abbott signed House Bill 586 into law. This bill became
effective immediately and allows a municipality to annex right-of-way by providing written notice
of the annexation to the governing body of the political subdivision that maintains the right-of-
way at least 61 days prior to the annexation proceeding.
Williamson County (the "County") owns and/or maintains a portion of County Road 118
south of University Blvd., a 6.52 acre portion of which is more particularly identified by the grid
pattern on Exhibit "A" attached hereto and incorporated herein.
The City of Round Rock (the "City") is in the process of annexing certain properties
abutting a portion of CR 118 and the City desires to also annex the 6.52 acre portion of CR I l8 as
identified on Exhibit "A."This portion of right-of-way is contiguous to the City's boundaries and
will connect the City's boundary to an area being simultaneously annexed by the City.
Pursuant to Section 43.1055 of the Local Government Code,please allow this letter to serve
as written notice of the City's intent to annex the 6.52 acre portion of CR 118 as shown on Exhibit
"A." Please be advised that the City intends to complete this annexation on October 12, 2023. If
the County does not submit a written objection to City prior to that date, the City will proceed with
the annexation.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Brad Wiseman
Director of Planning & Development Services
CITY OF ROUND ROCK PLANNING AND DEVELOPMENT SERVICES.301 W Bagdad Rcund Rock,Texas 78664
Planning 512.218.5428•Code Enforcement 512 218.3329•Community Development 512.341.3148.roundrocktexas.gov
W
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Subject Tract
6.52 ac.
CR 118 Subject Tract
ROW to be released by WILCO 6.68 ac.
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