Loading...
O-2024-005 - 1/11/2024 ORDINANCE NO. 0-2024-005 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 10.84 ACRES OF COUNTY ROAD 172 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 10.84 acres of CR 172 right-of-way south of McNeil Road and north of SH 45, 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 10.84 acre portion of County Road 172 south of McNeil Road and north of SH 45; and 0112.20242;4872-3002-2296 WHEREAS, the City notified the County of its intent to annex said 10.84 acre portion of CR 172 in writing on November 03, 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 January 11 , 2024; and WHEREAS, the City Council provided public notice and held a public hearing on November 16, 2023, and December 07, 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; and WHEREAS, the City Council hereby considers it appropriate to proceed with this 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 proceed with this annexation. 2 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 3 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 Jday of -7Q,WA,t/ X JA2 2024. 4 Alternative 2. READ and APPROVED on first reading this the day of , 2024. READ, APPROVED and ADOPTED on second reading this the day of , 2024. � m CRAIG 4ORG , Mayor City of R and R ck, Texas ATTEST: City Clerk --DepcdN, N)A,V,e,*a E&OWN,5 5 Exhibit "A" Property Description 10.84 acres of CR 172 right-of-way, located south of McNeil Road and north of SH 45. [See attached map.] 6 1, '• pip-is•'•,,,,,�'• • ,'''' �,,,♦,,�,,,,�-,, ',, ,,,,,,,''� `�• MEN PP � �� ♦ ♦ I ICI ♦♦♦� ♦� ; �♦ ♦ ,` � �G •• � MA �Subject Tract IN • ac.owl i MEMO- 172, proposed annexation A ONA , • - 0.24 approximate � �♦ II ♦� PIN 00 PIP Subject Tract 10.31 ac. , 0; i i i . i i i proposed METES & BOUNDS DESCRIPTION OF COUNTY ROAD 172, WILLIAMSON COUNTY,TEXAS: 10.31 ACRES BEING A 10.31 ACRE (449,103 SQUARE FEET) TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT 284, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS; AND BEING A PORTION OF A CALLED 13.55 ACRE TRACT OF LAND AS SHOWN ON INSTRUMENT RECORDED IN DOCUMENT NO. 19850032200 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALSO, A PORTION OF THE ORIGINAL COUNTY ROAD 172; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 112 INCH IRON ROD FOUND IN THE NORTH BOUNDARY LINE OF A CALLED 523.74 ACRE TRACT OF LAND AS SHOWN ON INSTRUMENT RECORDED IN DOCUMENT NO. 1944019807 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FOR A POINT INTHE NORTHWEST BOUNDARY OF THIS TRACT, APPROXIMATE CALCULATED GRID COORDINATE; X = 3,126,949.817, Y = 10,151,380.964 THENCE NORTH 79°59'24" WEST, A DISTANCE OF 58.60 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE, NORTH 41°26'21" EAST, A DISTANCE OF 238.38 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 172, THE FOLLOWING FIVE (7) COURSES AND DISTANCES: 1.SOUTH 25°12'06" EAST, A DISTANCE OF 54.44 FEET TO A POINT OF THIS TRACT. 2.SOUTH 20'09'04" EAST, A DISTANCE OF 939.71 FEET TO A POINT FOR AN ANGLE CORNER OF THIS TRACT. 3.SOUTH 02'26'04" WEST, A DISTANCE OF 995.76 FEET TO A POINT OF CURVATURE OF THIS TRACT. 4.IN A SOUTHERLY DIRECTION, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2160.19 FEET, HAVING A CHORD BEARING OF SOUTH 09°39'04" EAST AND A CHORD DISTANCE OF 808.32 FEET, HAVING A CENTRAL ANGLE OF 21'34'00" AND AN ARC LENGTH OF 813.11 FEET TO A POINT FOR AN ANGLE CORNER OF THIS TRACT. 5.SOUTH 01'07'56" WEST, A DISTANCE OF 568.02 FEET TO A POINT OF CURVATURE OF THIS TRACT. 6.IN A SOUTHERLY DIRECTION ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3600.44 FEET, HAVING A CHORD BEARING OF SOUTH 02 33'22" EAST AND A CHORD DISTANCE OF 462.70 FEET, HAVING A CENTRAL ANGLE OF 07'22'06" AND AN ARC LENGTH OF 463.02 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT. 7.SOUTH 15°06'55" EAST, A DISTANCE OF 91.72 FEET TO A POINT FOR AN ANGLE CORNER OF THIS TRACT IN THE EAST BOUNDARY LINE OF SAID 523.74 ACRE TRACT, FOR THE SOUTHEAST CORNER OF THIS TRACT. THENCE, SOUTH 78°15'31" WEST, A DISTANCE OF 144.12 FEET, FOR AN ANGLE POINT IN WEST BOUNDARY OF SAID 523.74 ACRE TRACT AND THE SOUTHWEST CORNER OF THIS TRACT. THENCE, NORTH 01°08'57" WEST, A DISTANCE OF 104.85 FEET IN THE WEST BOUNDARY LINE OF SAID 523.74 ACRE TRACT TO A BRASS DISK. THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 523.74 ACRE AND SAID COUNTY ROAD 172, THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1.IN A NORTHERLY DIRECTION ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 3720.44 FEET, HAVING A CHORD BEARING OF NORTH 02°33'22" WEST AND A CHORD DISTANCE OF 478.13 FEET, HAVING A CENTRAL ANGLE OF 07'22'06" AND AN ARC LENGTH OF 478.46 FEET TO A POINT FOR AN ANGLE CORNER OF THIS TRACT: 2.NORTH 01°07'56" EAST, A DISTANCE OF 568.02 FEET TO A 112 INCH IRON ROD FOUND FOR A POINT OF CURVATURE OF THIS TRACT: 3.IN A NORTHERLY DIRECTION WITH A TANGENT CURVE TURNING TO THE LEFT WITH A RADIUS OF 2040.19 FEET, HAVING A CHORD BEARING OF NORTH 09°39'04" WEST AND A CHORD DISTANCE OF 763.42 FEET, HAVING A CENTRAL ANGLE OF 21'34'00" AND AN ARC LENGTH OF 767.95 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT. 4.NORTH 20°26'04" WEST A DISTANCE OF 996.06 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT. 5.NORTH 20°09'04" WEST, A DISTANCE OF 825.06 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT. 6.NORTH 79°21'27" WEST, A DISTANCE OF 51.20 FEET TO THE POINT OF BEGINNING AND CONTAINING 10.31 ACRES OF LAND, MORE OR LESS, IN WILLIAMSON COUNTY, TEXAS. THIS DOCUMENT WAS PREPARED IN THE OFFICE OF KIMLEY-HORN AND ASSOCIATES, INC. IN AUSTIN, TEXAS AND EDITED BY THE CITY OF ROUND ROCK, TEXAS FOR THE PROPOSED ANNEXATION OF COUNTY ROAD 172 ANNEXATION IN WILLIAMSON COUNTY, TEXAS ON OCTOBER 29, 2023. Exhibit "A" METES & BOUNDS DESCRIPTION OF: NORTHERN ROW TRACT OF CR 172, A CALCULATED 0.24 ACRE TRACT BEING A 0.24 ACRE TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT 284, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS; AND ALSO, A PORTION OF THE COUNTY ROAD 172; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 112 INCH IRON ROD FOUND IN THE NORTH BOUNDARY LINE OF A CALLED 523.74 ACRE TRACT OF LAND AS SHOWN ON INSTRUMENT RECORDED IN DOCUMENT NO. 1944019807 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; FOR THE SOUTHWEST CORNER OF THIS TRACT AND ALSO BEING THE NORTHWEST CORNER OF CR 172 ROW AS RECORDED IN VOLUME 1160, PAGE 547 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. THENCE. NORTH 79'49'02"WEST. A DISTANCE OF 58.49 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE, NORTH 41°26'26" EAST, A DISTANCE OF 238.36 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE, SOUTH 25'12'06" WEST, A DISTANCE OF 54.43 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT. THENCE, SOUTH 41°25'26" WEST, A DISTANCE OF 186.45 FEET FOLLOWING THE NORTHERN BOUNDARY OF CR 172 TO THE POINT OF BEGINNING AND CONTAINING 0.24 ACRES OF LAND, MORE OR LESS, IN WILLIAMSON COUNTY, TEXAS. METES & BOUNDS DESCRIPTION OF: SOUTHERN ROW TRACT OF CR 172, A CALCULATED 0.29 ACRE TRACT BEING A 0.29 ACRE TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT 284, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS; AND ALSO, A PORTION OF COUNTY ROAD 172 ROW,- AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 112 INCH IRON ROD FOUND IN THE EAST BOUNDARY LINE OF A CALLED 523.74 ACRE AND BEING A POINT IN THE EASERN BOUNDARY OF SAID TRACT OF LAND AS SHOWN ON INSTRUMENT RECORDED IN DOCUMENT NO. 1944019807 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALSO, BEING THE SOUTHWEST CORNER OF CR 172 ROW AS RECORDED IN VOLUME 1160, PAGE 547 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. THENCE, NORTH 83'45'34" WEST, A DISTANCE OF 120.00 FEET FOLLOWING THE SOUTHERN BOUNDARY OF CR 172 TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE. SOUTH 15°06'55" EAST, A DISTANCE OF 91.71 FEET TO A POINT FOR THE SOTHEAST CORNER OF THIS TRACT. THENCE, SOUTH 79°49'45"WEST. A DISTANCE OF 143.42 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT. THENCE, NORTH 01°09'03" WEST, A DISTANCE OF 100.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.29 ACRES OF LAND. MORE OR LESS, IN WILLIAMSON COUNTY, TEXAS. Exhibit "B" Letter to County re: CR 172 Annexation 7 Exhibit "B" Mayor Councilmembers City Manager Craig Morgar Michelle Ly Laurie Hadtey Rene Flores Frank Ortega Ra0U��ND ROCK TEXAS Mayor Fro-Tern Kristin Stevens City Attorney PND DEVELOPMENT SERVICES Matthew Baker Hilda Montgomery Stephanie Sandre November 3, 2023 Robert B. Daigh CERTIFIED MAIL Director of Infrastructure #9171999991703653027867 3151 SE Inner Loop RETURN RECEIPT REQUESTED Georgetown,TX 78626 And Via First Class Mail RE: CR 172 Annexation - Revised Mr. Daigh, 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 172 south of McNeil Road and north of SH-45, a 10.84 acre portion of which is more particularly identified on Exhibit"A"attached hereto and incorporated herein. The City of Round Rock(the"City") is in the process of annexing 149.34 acres of property abutting a portion of CR 172. Pursuant to Section 43.106 of the Local Government Code, a municipality that proposes to annex territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road.Therefore, the City must also annex the 10.84 acre portion of CR 172 as identified on Exhibit "A." This portion of right-of-way is contiguous 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 10.84 acre portion of CR 172 as shown on Exhibit "A." Please be advised that the City intends to complete this annexation on January 11,2024,and that the annexation of CR 172 will be contingent on the successful annexation of the contiguous 149.34 acres. 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, Bradley Dushkin, AICP Assistant Director of Planning & Development Services CITY OF ROUND ROCK PLANNING AND DEVELOPMENT SERVICES•301 W.Bagdad,Round Rock,Texas 78664 Planning 512.218.5428.Code Enforcement 512.218.3329*Community Development 512.341.3148.roundrocktexas.gov PAR 10 io WP- OR ♦♦� ♦ `��� ICI �j� r►� , _�i y y. V-P law ��♦� ♦� 1// III II♦ �� ; • ' _ L� �►_� �� �� ! i i i i I