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A-06-07-13-13D1 - 7/13/2006ORDINANCE NO. /3- O10 -0'7-/3-13D / AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 32.172 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; 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 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, 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, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 32.172 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS,the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and @PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/060713D1.WPD/jkg WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights-of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS,the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily-required public hearings by causing notice to be published in the Round Rock Leader newspaper on May 27, 2006; and WHEREAS,the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily-required public hearings by causing notice to be published in the Round Rock Leader newspaper on June 10, 2006; and WHEREAS,the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS,the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on June 8, 2006; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on June 22, 2006; and WHEREAS,after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson and Travis Counties, 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 3 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 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, 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, Texas. V. That the Service Plan providing for extension of municipal services to the areas 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. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become 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 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. 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 5 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. By motion duly made, seconded and passed on affirmative vote of all Council members present, the requirement for reading this Ordinance on two separate days was dispensed with. READ, PASSED and ADOPTED on first reading this ) .D day of 91,114, , 2006. Alternative 2. READ and APPROVED on first reading this day of , 2006. READ, APPROVED and ADOPTED on second reading this day of , 2006. ATTEST: (I/ 14//7____,---m i �=-1- -p9 ae�•l, Mayor PRO -Tern RG4N mCts2}Cf Christine R. Martinez, City Secretary 6 •'t • r • to: 663 PAGE 165 unpaid principal to the date of each installment paid and the payment credited first to the discharge of interest accrued and the balance to the reduction of principal, said note containing the usual and customary default maturity and attorney's fees provisions and being secured by a vendor's lien and additionally secured by a deed of trust lien as contained in the deed of trust with power of sale of even date herewith to N. G. Whitlow, Trustee, hate GRANTED, SOLD and CONVEYED and by these preaente do GRANT, SELL and CONVEY unto the said Travie D. Johnson and wife, Edelgunde Johnson, of Williamson County, Texas, the following described tract or parcel of land lying and being situated in Williamson County, Texas, .to -wits BEING 31. 172 acres of land out of that 53. 535 acre tract of land conveyed to Joe S. Kotrla, and wife, M. Faith Kotrla, being recorded in Vol. 534, Page 688, Deed Records, Williamson County, Texas, and being more particularly described by metes and bounds as follows, to -wit; BEGINNING at an iron rod found in the easterly r. o. w. of a County Road as fenced, said point of beginning, also being the southwest corner of the aforementioned 53.535 acre tract. Said iron rod also being the southwest corner of the herein described 31. 172 acre tract; THENCE North 01 deg. 12 min. west 822. 00 feet along the easterly r. o.w. of a County Road as fenced to an iron rod found for the northeast corner of the herein described tract; T3-IENCE South 82 deg. 44 min. East 860. 32 feet along the south- erly r. o, w, of a County Road es fenced to an iron pipe set for the northwest corner of a One Acre Tract; THENCE South 7 deg. 16 min west 208. 71 feet to an iron pipe set for the southwest corner of aOneAcre Tract; THENCE South 82 deg. 44 min. east 208. 71 feet to an iron pipe set for the southeast corner of a One Acre Tract; THENCE North 7 deg. 16 min, East 208. 71 feet to an iron pipe set in the southerly r. o. w, of a County Road as fenced for the northeast corner of a One Acre Tract; THENCE South 82 deg. 58 min. east 231.03 feet along the southerly r. o. w. of a County Road as fenced to a fence post for an angle point; • THENCE South 83 deg. 32 min. East 389. 05 feet along the southerly r, o. w. of a County Road as fenced to a fence post for an angle point; t IL .. ..w..�.-......::'r[:. • 663 tr;t 166 THENCE South 88 deg. 09 min. 30 sec east 153.57 feet along the southerly r. o. w, of a County Road as fenced to a fence post for an angle point; THENCE North 87 deg. 52 min. 30 sec. east 169. 14 feet along . - the southerly r. o. w. of a County Road as fenced to an iron rod found for the northeast corner of the herein described tract; THENCE South OI deg. 23 min. east 580.33 feet along the meanders of a fence to an iron rod found for an angle point; THENCE South OL deg. 40 min east 42. 00 feet along the meanders of a fence to an iron, rod found for the southeast corner of the herein described tract; THENCE North 89 deg. 49 min. west 1996,85 feet to THE PLACE OF BEGINNING and containing in all 31,172 ACRES OF LAND, TO HAVE AND TO HOLD the above described property and premie es, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Travis D, Johnson and wife, Edelgunde Johnson, their heirs and assigns, forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said property and premie es unto the said Grantees herein, their heirs and assigns, against every pereon,whomsoever lawfully claiming,' or to claim the same, or any part thereof, subject only to all easements appearing of record applicable to the property hereby conveyed. WITNESS ITS HAND this the 10th day of March, A. D. 1977. 5. Y. D, A. FOUNDATION THE STATE OF TEXAS, COUNTY OF WILLIAMSON. Joe S. ttorney in Fact BEFORE ME, the undersigned authority, on this day personally appeared Joe 5. Kotrla, Attorney in Fact of S. Y. D. A. Foundation, known to me to be the person whose narne is subscribed to the foregoing instrurnen and.acknowledged to me that he executed the same for the purposes aid 't•lbriti.A. ration therein expressed and in the capacity therein stated. • GM ' f: UNDER M .,tee ay of Marc7a;,,A. D. 1977. tr "•' c •a =,lig 'h,In .......• • ' e‘.4 Notary Public in and for Williamson County, Texas VOL 8l.2ricE 566 (Ackuanledpmen0 THE SiATB OF TEXAS COUNTY OF WILLIAMSON JL Before me, the undersigned authority, oo this day personally appeared JOE S. KOTRLA known to me to be the *son ..... whose name ia....... subscribed to the foregoing instrument, and acknowledged to me be..._._ executed the same for the purposes, and consideration therein expressed. Given under my hand and seal of office on this the 8' da of tober,•' Notary Public is and for - Ni My commission ,A.D:19t8DYI) liaason;• . County, Texas.. (Printed or stamped name of notary) • EXHIBIT "A" f P. Being 1.000 acre of land out of that 53.535 acre tract of lend out of ROBERT NcNUTT SURVEY, ABSTRACT 422, Williamson County, Texas, as conveyed to Joe S. Kotrla and wife, M. Faith Kotrla, being recorded In vol. 534, page 68M, Deed Records'1 Willi•tason County, Texas, and being more particularly described by melee and bounds as follows, to -wits BEGINNING for reference at an iron pipe set for the northwest corner of the herein described 1.000 acre tract of land. Said point being North 01 deg. 12 min. West 822.00 feet along the easterly R.O.W. of a'County Road as fenced. to en iron rod found; THENCE South 82 deg. 44 min. East 860.32 feet along the southerly R.O.W. of a County Road as fenced from en Iron rod found, said point being the southwest corner of the aforementioned 53.535 sere tract; THENCE: South 82 deg. 44 min. East 188.92 feet along the southerly R.O.W. of a•County Road as fenced to a.fence poet for an angle point; THENCE South 82 deg. 58 min. east [9.79 feet along the southerly R.O.W. of • County Road as fenced to an iron' pipe set for the northeast corner of the herein described tract; THENCE South 7 deg. 16 min. West 208.71 feet to an iron pipe set' for the southeast Corner of the herein described tract; ', THENCE North• -82 deg. 44 min. west 208.71 feet to an iron pipe set for the southwest caner of the herein described tract; THENCE North 7 deg. 16 min. east 208..71 feet to the (PLACE OF BEGINNING and containing in all 1.000 acre of land. • el 4 1 t THE STATE OF TEXAS County of W;Rlantsoa . 1, James N. Boydston, Clerk of the County Court of said County, do hereby ereby otr- dfy that the foregoinginstrument in writing, with it, eeitIftaue of adthentication, was filed for record in my office on the 13th day of Oct. A D , O 410 ,,.1t 11:00. ' cedoek_& M., and duly recorded this the 13th day of Oct. A q ji 9. 8 0• .at 8:10 o'clock P M., in the Deed -•' Records of said County, in Vol 812 pp 56 4 WITNESS MY HAND and seal of the egruit7t Court of said County. a1 office in Georgetown, Texas, IM date last above written.• , 1 ,• , Bya Fags. llilt/i��.../ Deputy JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas i � �uII1us r.irmsit I� tiTti �: RBA ma we _ ' �.as f• •- AL LI - - L. W. =MI c =M. NM M. 1 Pm 1 • l:tiill4 Minns& .4 /L:11�151I 1111C11711D1 MUUMUU vim ooma to, ituftema 4...,,„ gs lbw froinvApar shiNAlittai itimalei44 *tip eras iap unnirtlimetptingi in II CV141111hir vim -11NM MIL kmilla sal winam ma 11121 troans_mu 0 �51�11!11+111s11 i��. 111111I.Im111II111LlI11s1ticr. ' fI1ti1111 zw. minim stifs�i■ ., 'b mom' U 1p11i117 il1110r..wiL 4110- ;, MMtilutlII! 52 Sti /0/8/ks�� 1��1l1il1li�12 a =' mop, A‘ 110$001011At., 411141 mwittot 4,4141414 0- iiiii API l MU Imw leo �d> riWillfArita, C4 7 a) a Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBIT "B" 32.172 ACRES PROVISION OF SERVICES PLAN July 7, 2006 32.172 acre tract of land out of the Joseph Marshall Survey. Also known as the Johnson Tract. 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: Services will be available in accordance with the City of Round Rock Subdivision Ordinance platting requirements. This tract can be currently served by a 16 inch waterline that is located on the west side of CR 122. The line has been extended across CR 122 at the intersection of CR 123 and CR 122 to the northwest corner of the Johnson tract. Services will be available in accordance with the City of Round Rock Subdivision Ordinance platting requirements. There are multiple wastewater lines varying from 6 inches to 12 inches in diameter located on the west side of CR 122. It has been determined by our Public Works department that city costs of approximately $160,000.00 would be needed to bring wastewater services to the tract. Provide immediately upon annexation. Provide immediately upon annexation. Maintenance of public facilities will be provided by the city. None required. II�111�/r�HW IIi 111111111111 IIIIIIIl1i‚±„II! 1111111111111111 ril :li /1111111► IRIII0 ""O* ; Ffce ,, - ili I 01111111111 41111141 �'� ■■oR ■ r■■■■■ ■ 1 �- :t ■ Subject Tract i. .ic1�iIvIL I .41U------..1.16.11.6.41111 4111: 11 I1IIII•Uuu_■11111,1 i.�iuIuuIUI1___iiiiiimirgrimos 1■■■■■■■■sia _no v 4 i■■ 111111111111 a MillIFIFIIII11041Pel intvimill1111■i il��■ ialIli 11/ 111 JohnsonTract Water Service Plan 0Johnson Tract Wastewater Service Plan Otiii � I s" wv�sce DATE: July 6, 2006 SUBJECT: City Council Meeting - July 13, 2006 ITEM: 13.D.1. Consider an ordinance annexing 32.172 acres of land more of less located at the southeast corner of Red Bud and CR 123. (Also known as the Johnson Tract) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The tract of land known as the Johnson Tract is a total of 32.172 acres located on the south side of CR 123, north of the Greenfield Subdivision and east of CR 122. It is the city's desire to annex this tract in order to control the development of this area and to protect the existing single-family residential subdivisions abutting this tract to the south and west. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land is located within the City of Round Rock's ETJ and in Williamson County. Public Comment: Per the statutory requirements of the Texas Local Government Code, the following has been completed: On April 14, 2006, 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 May 26, 2006, and June 9 2006, respectively, a public notice was posted on the city website and public notices were published in the Round Rock Leader for the Saturday, May 27,2006 and Saturday, June 10, 2006, editions. Two public hearings were held on Thursday, June 8, 2006, and Thursday, June 22, 2006. EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK * * * 11111111111 111111111111 11111111111111111111111111111 11 ORD 13 PGS 2006071168 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 -06-07-13-13D1 concerning the annexation of 32.172 acres of land. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 13th day of July 2006. The minutes of this meeting are recorded in the official City Council Minute Book No. 54. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 11th day of August 2006. CHRISTINE R. MARTINEZ City Secretary ORDINANCE NO. R' 010 -01-/3- 1 3 ,/ AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 32.172 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; 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 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, 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, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 32.172 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS,the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and ®PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/060713D1.WPD/jkg WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights-of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS,the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on May 27, 2006; and WHEREAS,the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on June 10, 2006; and WHEREAS,the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS,the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on June 8, 2006; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on June 22, 2006; and WHEREAS,after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson and Travis Counties, 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 3 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 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, 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, Texas. V. That the Service Plan providing for extension of municipal services to the areas 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. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become 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 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. 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 5 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. By motion duly made, seconded and passed on affirmative vote of all Council members present, the requirement for reading this Ordinance on two separate days was dispensed with. th READ, PASSED and ADOPTED on first reading this %3 day of 9fistitt. , 2006. Alternative 2. READ and APPROVED on first reading this day of , 2006. READ, APPROVED and ADOPTED on second reading this day of , 2006. ATTEST: Nj1a J1a ,&e•1.l, Mayor PRO-T6m PLAN n?C6.044i Christine R. Martinez, City Secletary 6 .11 • r.4 .r . 663 £E165 unpaid principal to the date of each installment paid and the payment credited first to the discharge of interest accrued and the balance to the reduction of principal, said note containing the usual and customary default maturity and attorney's fees provisions and being secured by a vendors lien and additionally secured by a deed of trust lien as Contained in the deed of trust with power of sale of even date herewith to N. 0. Whitlow, Trustee, hate GRANTED, SOLD and CONVEYED and by these preaenta do GRANT, SELL and CONVEY unto the said Travis D. Johnson and wife, Edelgunde Johnson, of Williamson County, Texas, the following described tract or parcel of land lying and being situated in Williamson County, Texas, to -wit: •i • f• BEING 31. 172 acres of land out of that 53.533 acre tract of land conveyed to,Joe S. Kotrla, and wife, M. Faith Kotrla, being recorded in Vol. 534, Page 688, Deed Records, Williamson County, Texas, and being more particularly described by metes and bounds as follows, to -wit: BEGINNING at an iron rod found in the easterly r. o. w. of a County Road es fenced, said point of beginning, also being the southwest corner of the aforementioned 53. 535 acre tract. Said iron rod also being the southwest corner of the herein described 31. 172 acre'tract; THENCE North 01 deg. 12 min. west 822. 00 feet along the easterly r. o. w. of a County Road as fenced to an Iron rod. found for the northeast corner of the herein described tract; THENCE South 82 deg. 44 min. East 860. 32 feet along the south- erly r. o. w. of a County Road as fenced to an iron pipe set for the northwest corner of a One Acre Tract; THENCE South 7 deg. 16 min west 208. 71 feet to an iron pipe set for the southwest corner of a'One Acre Tract; THENCE South 82 deg. 44 min. east 208. 71 feet to an iron pipe set for the southeast corner of a One Acre Tract; THENCE North 7 deg. 16 min, East 208. 71 (set to an iron pipe set in the southerly r. o. w, of a County Road as fenced for the northeast corner of a Otie Acre Tract; TME4CE South 82 deg. 56 min, east 231.03 feet along the southerly r. o. w. of a County Road as fenced to a fence post for an angle point; THENCE South 83 deg, 32 min. East 389. 05 feet along the southerly r, o. w, of a County Road as fenced to a fence post for an angle point; • 0 t'i ?! A i• t. f. 1 f) • 0 ti 663 PACE 166 THENCE South 88 deg. 09 min. 30 sec east 153.57 feet along the southerly r. o. w, of a County Road as fenced to a fence post for an angle point; THENCE North 87 deg. 5Z min, 30 sec. east 169. 14 feet along . • the southerly r, o. w. of a County Road as fenced to an iron rod found for the northeast corner of the herein described tract; THENCE South 01 deg. 23 min. east 580. 33 feet along the meanders of a fence to an iron rod found for an angle point; THENCE South 01 deg, 40 min east 42.00 feet along the meanders of a fence to an iron rod found for the southeast corner of the herein described tract; THENCE North 89 deg. 49 min. west 1996.85 feet to THE PLACE • OF BEGINNING and containing in all 31.172 ACRES OF LAND. TO HAVE AND TO HOLD the above described property and premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Travis D, Johnson and wife, Edelgunde Johnson, their heirs and assigns, forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said property and premie es unto the said Grantees herein, their hetes and assigns, against every pereon,whomsoever lawfully claiming,' or to claim the same, or any part thereof, subject only to all easements appearing of record applicable to the property hereby conveyed. WITNESS ITS HAND this the 10th day of March, A. D. 1977. S, Y. D. A. FOUNDATION THE STATE OF TEXAS, { COUNTY OF WILLIAMSON. j torney in Fact BEFORE ME, the undersigned authority, on this day personally • appeared Joe S. Kotrla, Attorney in Fact of S. Y. D. A. Foundation, known to me to be the person whose name is subscribed to the foregoing instrurnen „.and.acknowledged to me that he executed the same for the purposes aid 41).rfeili ration therein expressed and in the capacity therein stated. GXV,t1: UNDER MY HAND AND SEAL OF OFFICE this the Al2ray 'of MarcI?roA, D. 1977. et•v4i. :;,lig ••.9 •1 ill' IOWA s,,`' • l . Notary public in and for Williamson County, Teas' -+.^tic' iea ' .r .t t • voi 812r:.cE 566 (Ae,<.ew,adoment> THE STATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned authority, on this day personally appeared JOE S. KOTRLA knits to me to be the person whose name .ia. subscribed to the foregoing instrument, and acknowledged to me that..._._ hs.__._ executed the same for the purposes, and consideration therein expressed. Owen under my hand end seal of office on this the da of Lobar =A.13: ... f l .B�YI?, .. Notary Public in and for • Wi liamson.<:• County, Te, Te Vr�xas . My commission (Printed or stamped name of notuy) • EXHIBIT "A" Being 1.000 acre. of Land out of that 53.535 acre tract of land out of ROBERT McNUTT SURVEY, ABSTRACT 422, Williamson County, Texas, as conveyed to Joe S. Kotrla and wife, M. Faith Kotr la, being recorded in vol, 534, page 688, Deed Records,:,WiL1Lamson County, Texas, and being more particularly described by mutes and bounds •s follows, to -wits BEGINNING for reference at an iron pipe set for the northwest corner of the herein described 1.000 acre tract of land. Said point being North 01 deg. 12 min, West 822.00 feet along the easterly R.O.W. of a County Road as fenced to an iron rod found; THENCE South. 82 deg. 44 min. East 860.32 feet along the southerly R.O.W. of • County Road aa fenced fruta an Iron rod found, said point beiag the southwest corner of the aforementioned 53.535 acre tract; THENCE South 82 deg. 44 min. East 188.92 feet along the southerly R.O.W. of ••County Road as fenced to a.fence post for an angle point; THENCE South 82 deg. 58 min. east 19.79 feet along the southerly R.O.W. of a County Road as fenced to an irotr pipe set for the northeast corner of the herein described tract;. TMENC$ South 7 deg. 16 min. West 208,71 feet to an iron pipe set for the southeast corner of the herein described tract; THENCE North•82 deg. 44 min, west 208.71 feet to an iron pipe set for the southwest corner of the herein described tract; THENCE North 7 deg. L6 min. east 208.71 feet to the PLACE OF. BEGINNING and containing in all 1.000 acre of land. THE STATE OF TEXAS • Comity o1 Williamson } 1, Juges N. Boydston, Clerk of the Count dfie the t Y Cour of said Cnunty, do hereby ger. that in writing, with ks oeidficite of etiihentkation, wu fUed for record in my office on the 13th day of Oct. A,D. 4.2_4111„.A: 11:0 ocloc Q ' ' k_A_ M., and duly recorded this the 7 ith day of OCt. A.11D9 SG' ..at .8:10 o'clock P M., in the Deed Records of said County, in vol 812 pp 564 WITNESS MY HAND and seal of the ,t t lest above written. R Court of uld County, u office 1n Georgetown, Texas, Iht date Byawai, gepnty JAMES N. BOYDSTON, CLERK, County Coun, Williamson County, Texas 4 J 1 4' EXHIBIT "B" 32.172 ACRES PROVISION OF SERVICES PLAN Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED July 7, 2006 32.172 acre tract of land out of the Joseph Marshall Survey. Also known as the Johnson Tract. 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: Services will be available in accordance with the City of Round Rock Subdivision Ordinance platting requirements. This tract can be currently served by a 16 inch waterline that is located on the west side of CR 122. The line has been extended across CR 122 at the intersection of CR 123 and CR 122 to the northwest corner of the Johnson tract. Services will be available in accordance with the City of Round Rock Subdivision Ordinance platting requirements. There are multiple wastewater lines varying from 6 inches to 12 inches in diameter located on the west side of CR 122. It has been determined by our Public Works department that city costs of approximately $160,000.00 would be needed to bring wastewater services to the tract. Provide immediately upon annexation. Provide immediately upon annexation. Maintenance of public facilities will be provided by the city. None required. q1t1111* ? amil 5: alma � lftt+` `. :Ea zi- = 7. ir 4.est ...,..,........ ...... t.„„,,,„.11,11 r• 11151 r R 122 Dew iISii%rg STA UM _� Au11i11sti A� 'i i17/ .r ii;i1.1YI = se mi f Ai11Gii m1 T. RSU31111111L11111 la– �r&111 811aN1.1ili i11�r Ie" 111111u�1¢�'111111111111011ir�r�.. IIR1111 ,-.1: anima mink .. '�1i1 11111111 +�/11111117 limo MINN vosassiv*Velltiratori. la gg sot main its Oroi:01,41Pprr 4k . Ix • Opt al woo- 0 WS MI i��.rl *'0 "s NA inaptullanin 1•0 cd- ���`���� _ inatillialasektrfAt 1®111.1 d�� Nan alatAir$1641 Om Maimmuir amill 1 111111111 SIM es PPS Red Bud Ln ilk .•• . stttL111Lt111r* ���`Iv a IL IR . E_ iYiYttiiYfi�iY I _ In tawier aest • ti Nag lINNl 1 IMO NIA iM +MSAs -■r ■r •I.I sup fAMilattain misi NI WM iri MI Mini ■ Mu mummies1111 r =111 111 =W ommm ramie a*j K1 Ar_ .110 -11.1. ����11111r� !at Et- a��lls�i�ftrr, so I11115U1l11ts r0001,-.01." •o a - 111 N E a) J V i w c a 0 au —CO -••i 4) - 1 J— L..J ANNEXATION OF 32.172 ACRES OF LAND TRAVIS JOHNSON TRACT AFTER RECORDING RETURN TO: CITY OF ROUND ROCK (j CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006071168 08/21/2006 11:49 AM MILLER $64.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS