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O-2016-3337 - 4/14/2016ORDINANCE NO. 0-2016-3337 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: A 100.03 ACRE TRACT OF LAND, OUT OF THE WILLIAM BARKER SURVEY NO. 74, ABSTRACT NO. 107 AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON AND TRAVIS COUNTIES, AND A 2.101 ACRE TRACT OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY FOR A TOTAL OF 102.13 ACRES; 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 100.03 acre tract of land out of the William Barker Survey No. 74, Abstract No. 107, and the Memucan Hunt Survey, Abstract No. 314, in Williamson and Travis Counties, and a 2.101 acre tract of land out of the Memucan Hunt Survey, Abstract No. 314, in Williamson County for a total of 102.13 acres (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, 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 0112 1604.00354958 WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, or on which less than three (3) qualified voters reside, 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 CITY 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. 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. 2 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 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. 3 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 day of 6mz 2016. Alternative 2. READ and APPROVED on first reading this the day of 12016. READ, APPROVED and ADOPTED on second reading this the day of 2016. 4 ALAN GRAW, Mayor City of Round Rock, Texas ATTEST: EXHIBIT SURVEY OF PART OF THE WILLIAM BARKER SURVEY NO. 74, ABSTRACT NO. 107 AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 .2�. fN WLLIAMSON AND TRAVIS COUNTIES, TEXAS �7e/ �/�Hti r�AJ rte 6�iajE/f y / .®eio. � ELAP1E k3.W_'rsRtE�_. r �,E Pr"f/°T' _�``Sf�635pa S f�eQ 100.03 ACRES TOTAL „ -wet 10 Sent1 < S 6T25'JB"E °f a 98.BO" �- -t 1 g � aaox�jeE3n sR�bb f Poe55 G2PY '�v/ T LEGCND tiY W^on ^v Ena gn 4'b/ a •—EIE bamaw oxo Asp.�,u i p'.(v r° `z# <) " . u's:a, a..... e. R Q W � C o> rA�.twxa rrwz `c `0 TNy IEN NGLGERC ANO/(R Twk.D-ER Or THE RREMISf:S SURVEYED / >—,R A. U DYE IFC°NATIONAL PERTY MSC LOODDI SURANCCS PP.NOT OCRAk FLOOD NOURAIICCE RUNDARIES ATE TEE Rt PA' YLRlIOCO 6Bt06B01101E,EFF°NECiAE)AS IkDCPo tIPtCD v a;,igl paf,�y, vE 06-15-95 (TRA',g5 Cp�1NTY)AND rt00lt tNSURA1tCC RATE kqP PA:if i; 1810-803OD.CECECNN Dt-p}-9'(MI.tINJSON COUNTY). 4^ryppg SURVEYED BY, O / Qe DOPA n�sun ROY D.SMITH SURK YaiS,P.C� ROY D RH RRLS 0. `� ER SD,200+ aae mc6 m t�!a ST 5'N STRECi a STPo iLM ��RQTj P[1 '2)aiB 9821 O teY GavREP.�fiM csi RACHELOI\1001`,DAUGHTY <� 8 ci 9 y tiny;'La J L p ILI C5 cr– Cly j m Vi - - }- LLJH— W r f dZ4o Cl] � w o Z Z C7 O at V Lu7, LLJ a Q -e. wu LLJ \\ 1as rs coLL- w a r a 3 S Q. O m� •O y,. ��F n —_— -- 95'6ZC b ,Z,N°dl N V , ! 3,Fr e°f �� �•v °r 08Z/S££Z "IV 009 dINS83N18Vd 0 � o M O 0 EXHIBIT «B„ ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is () one-half mile or less in width, () contiguous to the city limits, and (3) vacant and without residents, or on which less than three () qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deeds recorded as Document No. 1996067308, Official Public Records of Williamson County, AND Document No.2015046052, Official Public Records of Williamson Owner Daugherty Family Registered Limited Liability Partnership #1 ATexas limited partnership 4409 Gaines Ranch Loop, #538 Austin, TX 78735 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Alc!�t this day ofarch, 6, A.D. - - - - - - - - - - - 1 0 0 1a LINDA R BOYSON Not Public, State of Texa MY COMMISSION EXPIRES Match 1, 2D17 I G_ ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the of March, 2016, A., by the , of , a Texas , on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deeds recorded as Document No. 1996067308, Official Public Records of Williamson County, AND D cument No.2015046052, Official Public Records of Williamson Coin. / Owner Daugherty Family Registered Limited Liability Partnership #1 ATexas limited partnership 4409 Gaines Ranch Loop, #538 Austin, TX 78735 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, this I 2e day of March, 2016, A.D. I/ LINDA B. BOYSON •: `= MY COMMISSION EXPIRES N4Wry Public, State of T March 1, 2017 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the of March, 2016, A.D, by , the , of , a Texas on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deeds recorded as Document No. 1996067308, Official Public Records of Williamson County, AND Document No.2015046052, Official Public Records of Williamson County. ;? Owner Daugherty Family Registered Limited Liability Partnership #1 A Texas limited partnership 4409 Gaines Ranch Loop, #538 Austin, TX 78735 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by this 1� la day of March, 2016, A.D. Il vy, 4 r� ry4. LINDA B. BOYSON f'= MYCOMMISSION EXPIRES Notary P blit, State of Texas 61 March 1, 2017 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the _ of March, 2016, A.D, by the , of , a Texas on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: 12 PGS 2016035371 ORD THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. 0-2016-3337 which annexes a 100.03 acre tract of land and a 2.101 acre tract of land. This ordinance was approved and adopted at a regular meeting held by the City Council on the 1411 day of April 2016 and recorded in the City Council minute book no. 61. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 26th day of April 2016. Ak N if Im S W A L. HITE•TRMC, City Clerk ORDINANCE NO. 0-2016-3337 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: A 100.03 ACRE TRACT OF LAND, OUT OF THE WILLIAM BARKER SURVEY NO. 74, ABSTRACT NO. 107 AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON AND TRAVIS COUNTIES, AND A 2.101 ACRE TRACT OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY FOR A TOTAL OF 102.13 ACRES; 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 100.03 acre tract of land out of the William Barker Survey No. 74, Abstract No. 107, and the Memucan Hunt Survey, Abstract No. 314, in Williamson and Travis Counties, and a 2.101 acre tract of land out of the Memucan Hunt Survey, Abstract No. 314, in Williamson County for a total of 102.13 acres (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, 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 Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, or on which less than three (3) qualified voters reside, 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 CITY 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. 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. I►1j 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. W 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. no 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 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. U 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 day of '2016. Alternative 2. READ and APPROVED on first reading this the day of , 2016. READ, APPROVED and ADOPTED on second reading this the day of .2016. ALAN CRAW, Mayor City of Round Rock, Texas ATTEST: 5/mj� .-. L. WHITE, Citq'berk • - Mf!Q. 0310 .t LLJ � •M6.. rZyy QQ �I • /off 1} 'fir Qpr � 2.�t�d F �� r. l , f �,i •y�i� ra r � l\��\ o "' ,^,A zzx V gq Q W ff , Q •q _ q �mmZ rO r to W C•- i� p .si M t5i Z oo g Zo tr�Qo \ M1 a UV1 W V N r d.° $�7g Lj 4F2 Z `of �lJ \ •, Q ri±,t{, 1. t-•- \ •ow 1\4 � 4'%q LD U3Io S. 4�y � fib, y -, '7••J � t L �' vl• t s R r i St a .t�'� i •'t, J ��CFy •% c� z v� ( ctb�' `�"w y \t�¢t0r'ar a�Qo y N u RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 9 0 Z F- F— U) - F— U) m Q X W W ~ f-.- � Z O Z U Z Z � Q Q U J � J g _ W G TW y LL - U F— Q O N 092/SS42 ITO'S dINSN?NIM OMI RECORDERS MEMORANDUM r All or parts of the text on this page was not clearly legible for satisfactory recordation. 'o RECORDERS MEMORANDUM r All or parts of the text on this page was not clearly legible for satisfactory recordation. ....... „ ..... . EXHIBIT rr B» ( ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deeds recorded as Document No. 1996067308, Official Public Records of Williamson County, AND Document No.2015046052, Official Public Records of Williamson C n y. r Owner Daugherty Family Registered Limited Liability Partnership #1 A Texas limited partnership 4409 Gaines Ranch Loop, #538 Austin, TX 78735 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by CO -c e- "7,10I,��� this day of March, 2016, A.D. N LINDA B. BOYSON T= Not Public, State of Texas "s MY COMMISSION EXPIRES March 1, 2017 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the _ of March, 2016, A.D, by , the , of , a Texas on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deeds recorded as Document No. 1996067308, Official Public Records of Williamson County, ANDD cument No.20150460�2, Official Public Records of Williamson Coun Owner Daugherty Family Registered Limited Liability Partnership #1 ATexas limited partnership 4409 Gaines Ranch Loop, #538 Austin, TX 78735 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, this 141 day of March, 2016, A.D. j/ LINDA B. BOYSON +:= MY COM, EXPIRES .b, Marta t, 2017 , N ry Public, State of T ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the ` of March, 2016, A.D, by , the , of , a Texas on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deeds recorded as Document No. 1996067308, Official Public Records of Williamson County, AND Document No.2015046052, Official Public Records of Williamson County. Owner Daugherty Family Registered Limited Liability Partnership #1 A Texas limited partnership 4409 Gaines Ranch Loop, #538 Austin, TX 78735 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by this 1,1a day of March, 2016, A.D. LINDA B. WYSON MY COMMISSION EXPIRES March 1, 2017 Notary ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the of March, 2016, A.D, by the , of , a Texas on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: — CITY COUNCIL HEARING DATE: Ordinance No. 0-2016-3337 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: SARA WHITE, CITY CLERK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICI`ALL PUBLIC RECORDS 2016035371 K;5"Q")#"""' Nancy E. Rister, County Clerk ` Williamson County, Texas April 28, 2016 10:20 AM FEE: $73.00 LMUELLER