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A-05-11-10-12E9 - 11/10/2005ORDINANCE NO. A- 05- I I- 10- q AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 5.531 ACRES OF LAND, OUT OF THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME PART OF THE CITY AND THAT OWNERS AND INHABITANTS THEREOF BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE 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 is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock, Texas, and the applicable laws of the State of Texas, have been duly followed with respect to the following - described territory, to -wit: 5.531 acres of land (Parcel 3), out of the Willis Donahue Survey, Abstract No. 173, and theRobert McNutt Survey, Abstract No. 422, in Williamson County, Texas (the "Property"), more fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: (t PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/051110E9. WPD/jkg I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. 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; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III . That the owners and present and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City of Round Rock, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to :include the aforementioned territory as part of the City of Round Rock. 2 v. 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. VI. That the appropriate city official of the City of Round Rock 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 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. VIII. That this Ordinance shall be come effective after its passage. 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 properties is incapable of being annexed by the City, for'any.reason whatsoever, the adjudication shall not affect •any othersection, 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 declaresthat it would have adopted the valid portionsand applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisionsof 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 thereof 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 readin this )041 da g y 2005. 4 Alternative 2. READ and. APPROVED on firstreading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. N kyr XWEL , ayor t of Roun• Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secr_'ary 5 EXHIBIT "A" Parcel 3 5.531 acres Course and distances for CR 122 ROW: 1. POB at a rebar found a on the south ROW of CR 113 and the west ROW of CR 122 at the northeast corner of 1.698 ac tract conveyed to the City of Round Rock, Tx in Document #2000009011, said point being on the north line of the 1.698 ac tract. Said point bears N 87°03'09" E 154.25' from a rebar found at the northwest corner of the 1.698 ac tract. Approximate coordinates NAD83, Texas Central Stateplane, US feet N: 10173002.01 E: 3152278.21 2. N 03°14'39" W 43.33' 3. N 86°45'21" E 85.92' 4. N 87°43'37" E 44.67' 5. S 02°16'23" E 376.26' 6. S 02°22'30" E 158.16' 7. S 04°30'59" E 1387.66' 8. S 03°08'51" E 400.42' 9. S 87°51'08" W 100.00' 10 N 04°15'15" W 1,769.95' 11. N 02°12'58" W 197.07' 12. N 02°19'04" W 280.88' 13. N 47°28'57" W 41.95 Date: Annexation Area: Provision of Service: 1. WATER SERVICE EXHIBIT B PROVISION OF SERVICES PLAN October 27, 2005 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED All portions within this annexation area are for ROW purposes, only. 5.531 acres of land out of the Willis Donahue, and Robert McNutt Surveys. Also known as CR 122 ROW. 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. Provided in accordance with the City of Round Rock Subdivision Ordinance. Provide immediately upon annexation. Provide immediately upon annexation. Maintenance for the portions of CR 122 ROW included in this annexation will be provided by the City. None are required. •r •• " DATE: November 4, 2005 SUBJECT: City Council Meeting - November 10, 2005 ITEM: 12.E.9. Consider an ordinance annexing 5.531 acres of land out of the Willis Donahue Survey and the Robert McNutt Survey. (CR 122 ROW Tract 3) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: This ROW tract is a portion of County Road 122 that is part of the City of Round Rock's Master Transportation Plan. It is the City's desire to have it annexed into the city limits in order to expand the Arterial Roadway system and provide consistent police and fire protection. See attached maps for exact locations of subject tracts. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: These tracts of land are located within the City of Round Rock's ETJ and Williamson County. Public Comment: Per the public hearing requirements of the Texas Local Government Code the following has been completed: On September 8, 2005, written notices were sent by certified mail to the property owners of the proposed annexed lands and to all public and private utility providers that could be affected. On September 23, 2005, a public notice was posted on the City website and public notice was published in the Round Rock Leader for the Saturday, September 24 and Thursday, September 29, 2005 editions. Two public hearings were held on Tuesday, October 11, 2005 and Thursday, October 13, 2005. IIHI THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1111 11 iI sllllllllll 11 IiIv 11 ORD 10 PGS 2005092049 I, CHRISTINE R. MARTINEZ, 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 -05-11-10-12E9 concerning the annexation of 5.531 acres out of the Robert McNutt Survey, Abstract No. 422, Williamson County. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 10th day of November 2005. The minutes of this meeting are recorded in the official City Council Minute Book No. 53. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 15th day of November 2005. CHRISTINE R. MARTINEZ City Secretary ORDINANCE NO. R- 05- 1 1- I 0 - AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 5.531 ACRES OF LAND, OUT OF THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME PART OF THE CITY AND THAT OWNERS AND INHABITANTS THEREOF BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE 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 is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock, Texas, and the applicable laws of the State of Texas, have been duly followed with respect to the following - described territory, to -wit: 5.531 acres of land (Parcel 3), out of the Willis Donahue Survey, Abstract No. 173, and the Robert McNutt Survey, Abstract No. 422, in Williamson County, Texas (the "Property"), more fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: (it PFDesktop ODMMA, WORLDOXD WDOXORDINANC-0511 I OE9.WPDjkg I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. 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; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City of Round Rock, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock. 2 V. 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. VI. That the appropriate city official of the City of Round Rock 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 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. VIII. That this Ordinance shall be come effective after its passage. 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 properties 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 portionsand applications of this Ordinance, and would have annexed the valid property withoutthe 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 thereof 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 )0t -d-) day of / , 2005. 4 Alternative 2. READ and. APPROVED on firstreading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. ATTEST: r, N i✓%• WEL , f Roun CHRISTINE R. MARTINEZ, City SecrJary 5 ayor Rock, Texas EXHIBIT "A" Parcel 3 5.531 acres Course and distances for CR 122 ROW: 1. POB at a rebar found a on the south ROW of CR 113 and the west ROW of CR 122 at the northeast corner of 1.698 ac tract conveyed to the City of Round Rock, Tx in Document #2000009011, said point being on the north line of the 1.698 ac tract. Said point bears N 87°03'09" E 154.25' from a rebar found at the northwest corner of the 1.698 ac tract. Approximate coordinates NAD83, Texas Central Stateplane, US feet N: 10173002.01 E: 3152278.21 2. N 03°14'39" W 43.33' 3. N 86°45'21" E 85.92' 4. N 87°43'37" E 44.67' 5. S 02°16'23" E 376.26' 6. S 02°22'30" E 158.16' 7. S 04°30'59" E 1387.66' 8. S 03°08'51" E 400.42' 9. S 87°51'08" W 100.00' 10. N 04°15'15" W 1,769.95' 11. N 02'12'58" W 197.07' 12. N 02°19'04" W 280.88' 13. N 47°28'57" W 41.95 Date: Annexation Area: Provision of Service: 1. WATER SERVICE EXHIBIT B PROVISION OF SERVICES PLAN October 27, 2005 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED All portions within this annexation area are for ROW purposes, only. 5.531 acres of land out of the Willis Donahue, and Robert McNutt Surveys. Also known as CR 122 ROW. 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. Provided in accordance with the City of Round Rock Subdivision Ordinance. Provide immediately upon annexation. Provide immediately upon annexation. Maintenance for the portions of CR 122 ROW included in this annexation will be provided by the City. None are required. CR 122 ROW 111111111111111110 111111111 ■Hill ikeNa too '♦ mrit IM 14t All11111 um 111111111111 IIII����l 1111 11111 1111111/ a inn it t IINIMIli �11��1►� Or tab% 1 alt► 1 inch equals 600 feet ■ 12.622 total ac. Parcel 3 0 N ail lara toe OHM mom Nog ism emes !I1U Parcel 1 J Legend Parcels City Limits Annexation Tract • {alley B \ palm �r'i ke 77E 05-n—/c i2,69 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005092049 E -R-c4k 11/18/2005 08:32 AM DNORMAN $52.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Plat&E CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK; TEXAS 78664