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A-05-12-01-8B1 - 12/1/2005ORDINANCE NO. /'� ' �� ' / o� "V/- go/ AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.2993 ACRES OF LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, 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 5.2993 acre tract of land out of the ASA Thomas Survey, Abstract No. 609, 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, and WHEREAS, the petition was filed more than five (5) days and lessthan 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 @PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/051201131.WPD/SC BE IT ORDAINED BY THE 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. 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 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. IX. 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. 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 3 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. A11 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. of READ, PASSED, and ADOPTED on first reading this , 2005. 4 e5, — day Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. ATTEST: 12 XW ayor Ci of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 5 Y Office: 512-481-9602 Fax: 512-330-1621 Waterloo Surveyors Inc. Thomas P. Dixon R.P.L.S. 4324 EXHIBIT "A" J10935 October 4, 2005 FIELD NOTES FIELD NOTES FOR 5.2993 ACRES OF LAND, MORE OR LESS, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, SAME BEING ALL OF THAT CERTAIN 530 ACRES OF LAND CONVEYED TO THE FELLOWSHIP AT FOREST CREEK, AS DESCRIBED IN DOCUMENT NO. 2002007409, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at an iron rod found at the intersection of the south R.O.W. of County Road 168 (Gattis School Road) and the west R.O.W. of Westview Drive at the N.E. comer of said 5.30 acre tract for the N.E. comer hereof; THENCE S00°00'00"E along the west R.O.W. of Westview Drive for a distance of 764.21 feet to an iron rod found at the N.E. comer of that certain 5.63 acre tract of land conveyed to Richard Nord recorded in Volume 906, :Page 289, Deed Records, Williamson County, Texas, same being at the S.E. comer of said 5.30 acre tract for the S.E. comer hereof; THENCE S89°59' 15"W along the north line of said Nord tract for a distance of 263.70 feet to an iron rod found at the S.E. corner of that certain 5.3 acre tract of and conveyed to Carol McCrary recorded in Document No. 2002019678, Official Records, Williamson County, Texas, same being at the S.W. comer of said 5.30 acre tract for the S.W. comer hereof; THENCE N05°42'24"W along the east line of the McCrary tract for a distance of 768.78 feet to an iron rod found on the south R.O.W. of County Road 168 at the N.E. corner of the McCrary tract and the N.W. comer of said 5.30 acre tract for the N.W. comer hereof; THENCE S89°52'48"E along the south R.O.W. of County Road 168 for a distance of 340.15 feet to the POINT OF BEGINNING, containing 5.2993 acres of land. I, the undergeed do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my d' ct supervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon R.P.L.S. 4324 P.O. Box 160176 Austin, Texas 78716-0176 EN\ Waterloo Surveyors Inc. SURVEY PLAT Sketch to accompany field notes R/CH4R0 NORD 5.63 ACRES ADDRESS: 806/28..9 3379 GATTIS SCHOOL ROAD (5 89'59'22" W) S 89'59'15" (263.72) 263.70 FSR FELLOWSHIP AT FOREST CREEK 5.2993 ACRES DOC#2002007409 J10935 LEGAL DESCRIPTION: BEING 5.2993 ACRES(5.30 RECORD) MORE OR LESS, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, ALSO KNOWN AS LOT 4, OF WESTVIEW, AN UNRECORDED SUBDIVISION. J Found —S 89'52'48" E 340.15' POINRod T OF (5 89'53'03" E) (340.12') BEGINNING FSR , SCALE , LEGEND FOUND IRON ROD FIR (RECORD CALL) COUNTY Raw 188 (GA 7771.S SCHOOL ROAL ) N i State of Texas: County of Williamson: The undersigned does hereby certify that this survey was this day made on the ground on the property legally described hereon, and is true and correct to the best of my knowled • e. Dated this the 4TH day of OCTOBER 200 5 ©Copyright 2005 Thomas P. Dixon RP.LS. 4324 P.O. Box 160176, Austin, Texas 78716-0176 Phone: 481-9602 Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN November 14, 2005 Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 5.2993 acre tract of land out of the ASA Thomas Survey. (Also known as the Fellowship Church at Forest Creek) 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: There is a 12 inch water line along the north side of Gattis School Road. Services will be provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. Services will be provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. 3. FIRE PROTEC,IION Provide immediately upon annexation. 4. POLICE PROTECTION Provide immediately upon annexation. 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES Maintenance for public facilities will be provided by the city. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. Annexation 5.2993 acres DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: 8.6.1. Consider an ordinance annexing 5.2993 acres of land out of the ASA Thomas Survey. (The Fellowship Church at Forest Creek) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: The 5.2993 acre tract of land located at the south west corner of Gattis School Road and Westview Drive is the current site of the Fellowship Church at Forest Creek. This tract is being provided with City water services and, per city code, it is required to be annexed into the city. The site will be zoned PF -1 (Public Facilities - Low Intensity) which accords with city land use policies. Funding: Cost: N/A Source of funds: N/A Outside Resources: Fellowship Church at Forest Creek Background Information: The tract is part of the Westview Addition subdivision. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government Code. VIII THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK * IIIII IIIIIIIII 1111111111111111111111 IIIIIIIII PGS 2005101519 I, SHERRI MONROE, Assistant 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 -05-12- 01-8B1, which approves annexing 5.2993 acres of land out of the ASA Thomas Survey. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas on the 1St day of December 2005. These minutes 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 December 2005. SHERRI MONROE, Assistant City Secretary ORDINANCE NO. P-- 051 / 9 -01- D 13 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.2993 ACRES OF LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, 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 5.2993 acre tract of land out of the ASA Thomas Survey, Abstract No. 609, 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, 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 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 QPFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDIMANC/05120181.WPD/5c BE IT ORDAINED BY THE 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. 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 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. IX. 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. 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 3 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 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 S 7day of ataxydiw, 2005. 4 Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. ATTEST: R W ayor Ci of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 5 y Office: 512-481-9602 Fax: 512-330-1621 Waterloo Surveyors Inc. Thomas P. Dixon R.P.L.S. 4324 EXHIBIT "A" J10935 October 4, 2005 FIELD NOTES FIELD NOTES FOR 5.2993 ACRES OF LAND, MORE OR LESS, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, SAME BEING ALL OF THAT CERTAIN 530 ACRES OF LAND CONVEYED TO THE FELLOWSHIP AT FOREST CREEK, AS DESCRIBED IN DOCUMENT NO. 2002007409, OFFICIAL PUBLIC RECORDS, WITJ,IAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at an iron rod found at the intersection of the south R.O.W. of County Road 168 (Gattis School Road) and the west R.O.W. of Westview Drive at the N.E. corner of said 5.30 acre tract for the N.E. corner hereof; IWNCE S00°00'00"E along the west R.O.W. of Westview Drive for a distance of 764.21 feet to an iron rod found at the N.E. comer of that certain 5.63 acre tract of land conveyed to Richard Nord recorded in Volume 906, :Page 289, Deed Records, Williamson County, Texas, same being at the S.E. comer of said 5.30 acre tract for the S.E. comer hereof; THENCE S89°59' 15"W along the north line of said Nord tract for a distance of 263.70 feet to an iron rod found at the S.E. comer of that certain 5.3 acre tract of and conveyed to Carol McCrary recorded in Document No. 2002019678, Official Records, Williamson County, Texas, same being at the S.W. corner of said 5.30 acre tract for the S.W. comer hereof; THENCE N05°42'24"W along the east line of the McCrary tract for a distance of 768.78 feet to an iron rod found on the south R.O.W. of County Road 168 at the N.E. comer of the McCrary tract and the N.W. corner of said 530 acre tract for the N.W. comer hereof; THENCE S89°52'48"E along the south R.O.W. of County Road 168 for a distance of 340.15 feet to the POINT OF BEGINNING, containing 5.2993 acres of land. I, the tinder geed do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my ' supervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon R.P.L.S. 4324 P.O. Box 160176 Austin, Texas 78716-0176 r Rfch'ARD NORD 5.63 ACRES .906/28.9 (S 89'59'22" W) S 89'59'15' w Waterloo Surveyors Inc. SURVEY PLAT Sketch to accompany field notes (263.72) 263.70 ESR FELLOWSHIP AT FOREST CREEK 1* 5.2993 ACRES DOC11i2002007409 n oaa .110935 ADDRESS:. 3379 GATTIS SCHOOL ROAD LEGAL DESCRIPTION: BEING 5.2993 ACRES(5.30 RECORD) MORE OR LESS, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, ALSO KNOWN AS LOT 4. OF WESTVIEW. AN UNRECORDED SUBDIVISION. Too Rod S 89'52'48' E (S 89'53'03"raNE) NNCF 340.15' (340.12') D m L SCALE LEGEND FOUND IRON ROD FIR (RECORD CALL) COIINFY ROAD 188 (c 4TTIs SCHOOL ROAD) State of Texas: County of Williamson: The undersigned does hereby certify that this survey was this day made on the ground on the property legally described hereon, and Is true and correct to the best of my knowied•e. Dated this the 4Th day of • OCTOBER zoo 5 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation, 0 Copyright 2005 Thomas P. Dixon RP.L3. 4324 P.O. Box 160176, Austin, Texas 78716-0176 Phone: 481-9602 Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN November 14, 2005 Provision of Service: 1. WATER SERVICE 2. WASTEWA 1 E SERVICE 5.2993 acre tract of land out of the ASA Thomas Survey. (Also known as the Fellowship Church at Forest Creek) 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: There is a 12 inch water line along the north side of Gattis School Road. Services will be provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. Services will be provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. 3. FIRE PROTECTION Provide immediately upon annexation. 4. POLICE PROTECTION Provide immediately upon annexation. 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES Maintenance for public facilities will be provided by the city. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. Annexation 5.2993 acres 2-2 14.--CAA44- 1ZZ.CiL1T FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005101519 12/27/2005 09:24 AM DNORMAN $52.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS