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A-06-08-10-9B2 - 8/10/2006ORDINANCE NO. A' 1010- pg -ID -q15.2.) AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.95 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 5.95 acre tract of land out of the Willis Donaho Survey, Abstract No. 173, 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 pPFDesktop\;:oDMA/WORLDOX/D:/wdox/ORDINANC/060810B2.WPD/zmC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to 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, of this Ordinance phrase, word, paragraph or provision 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. Al. 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. of READ, PASSED, and ADOPTED on first 4 reading this �V day Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTEDon reading this the 0 day of ATTEST: , 2006. WE. , ayor of Round Rock, Texas R. a,YU/7, CHRISTINE R. MARTINEZ, City Secrete 5 Y AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to sketch 1505 EXHIBIT "A" FIELD NOTES FOR 5.595 ACRES All that certain tract or parcel of land situated in the Willis Donoho Survey, A-173, in Williamson County, Texas and being a part of a 6.770 acre tract of land conveyed to Whiney Partnership et al by deed recorded as Document No. 2001036787 in the Official Public Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on the proposed North right-of-way line of Kiphen Road, in the Southeast corner of Lot 28 in Block F of Settlers Crossing Section 1 as recorded in Cabinet X, Slide 266 of the Plat Records of Williamson County, Texas, for the Southwest corner of this tract. THENCE N 00°05'35" E 269.76 feet to a point on the South line of Lot 26 in Block F of Settlers Crossing Section 3 as recorded in Cabinet AA, Slide 375 of the above mentioned Plat Records for the Northwest corner of the above mentioned 6.770 acre tract and the Northwest corner of this tract. THENCE S 89°55'06" E with the South line of the above mentioned Section 3 50.30 feet to an angle point of the said 6.770 acre tract and an angle point of this tract. THENCE N 89°38'09" E with the South line of the above mentioned Section 3 924.23 feet to a point on the proposed West line of County Road #122 for the Northeast corner of this tract. THENCE S 08°47'35" W with the proposed West line of County Road #122 240.65 feet to an angle point of this tract. THENCE S 48°17'26"W 58.53 feet to a point on the proposed North line of Kiphen Road for the most Southerly Southeast corner of this tract. 5.959 ACRES EXHIBIT "A" PAGE 2 OF 2 THENCE N 89°55'23" W 894.47 feet to the POINT OF BEGINNING containing 5.959 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were compiled from public records and calculations made by me and are correct to the best of any knowledge and belief. This is not an on -the -ground sui y Alm monuments _rc sr) /c --JA Ai v P. ��s rERF-i" /gyp 1( o��� 4\CLAUDE F.HINKLE JR, r 9P 4629 P' ce oti.°�FEss,°� V\° SUR \I v `C� Claude F. Hinkle, Jr. R.P.L.S. No. 4629 Date © Austin Surveyors 2006 JUN 1 2 2006 t 505.doc 0 County Road #122 e.._41"cl.z-b.80 s _= j Sy'op& W 0) tJ'.. O C L_ ri M o O) .0 U u1 L 0 05 o in h rl d V) O d 1n y u) (0 m�. Z O 10 0 v N 0 von C a o W Ez o O c 2 in "O a u 0 v a E `o a 0 o 0 0 • N' 0 0 •0 a) o v n v E.- N 0.> 12 c0 C o C (I) E o C T Q) C W N 0 S C °>:-4 1i J V O 0 • v u E -c (7-3 O c D2 .9L'69Z �7 bpm 3„S4',90.00 N LAJ N 0 z N fro 1 N z 0 01 m L c> 0 0 N C L0 S II �0 ✓ 42, cal ..i • m h y —) Cq QC'0) a, I' C' F 41 NI,Z -• N m N Do itpN F Z 0 7 ic001 06 L„: W 3 Va v� bey S P° Austin Surveyors 2006 Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE EXHIBIT B PROVISION OF SERVICE PLAN August 10, 2006 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES None required. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. 5.95 acre tract of land out Willis Donaho Survey. 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 provided in accordance with the City of Round Rock Subdivision Ordinance. Services will be provided in accordance with the City of Round Rock Subdivision Ordinance. Provide immediately upon annexation. Provide immediately upon annexation. Whitney Partnership Tract ltU TVHSNVW HENDERSON PATH Whitney Tract 5.95 acres 8 T C OATTS LN DATE: August 3, 2006 SUBJECT: City Council Meeting - August 10, 2006 ITEM: 9.B.2. Consider an ordinance annexing 5 the Willis Donaho Survey, located Kiphen Road. (113 Kiphen Road - (First Reading) Department: Staff Person: Justification: .95 acres of land, more or less, out of at the northwest corner of CR 122 and also known as the Whitney Tract) Planning and Community Development Department Jim Stendebach, Director The developer of the 5.95 -acre tract is requesting annexation into the city in order to be able to receive city utility services for their proposed development. Funding: Cost: N/A Source of funds: NSA Outside Resources: N/A Background Information: The property is currently outside the city limits. Public Comment: None required for annexation in accordance with Section 43.028 of the Texas Local Government Code. EXECUTED DOCUMENT FOLLOWS 11 THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 111111110 1111111 iiia 111111 ORD 12 PGS 2006071167 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 of Round Rock, -Texas and that the foregoing is a true and correct copy of Ordinance No. A -06-08-10-9B2, which approves the annexation of 5.95 acres of land also known as the Whitney Tract. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas at a meeting held on the 10 day of August 2006 and recorded in the City Council Minutes Book No. 54. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 17th day of August 2006. CHRISTINE R. MARTINEZ City Secretary ORDINANCE NO. P'(" 010-.08- ID -q t3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 5.95 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 5.95 acre tract of land out of the Willis Donaho Survey, Abstract No. 173, 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 @PFDesktop\::ODMA/WORLDOX/O:; wdox/ORDINANC/06081082. WPD/rmc BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. 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, consideredand 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 )v day of) , 2006. lift -111--t 4 Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on reading this the ) 0 day of ATTEST: , 2006. CHRISTINE R. MARTINEZ, City Secret 5 y AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment to sketch 1505 EXHIBIT "A" FIELD NOTES FOR 5.595 ACRES All that certain tract or parcel of land situated in the Willis Donoho Survey, A-173, in Williamson County, Texas and being a part of a 6.770 acre tract of land conveyed to Whiney Partnership et al by deed recorded as Document No. 2001036787 in the Official Public Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on the proposed North right-of-way line of Kiphen Road, in the Southeast corner of Lot 28 in Block F of Settlers Crossing Section 1 as recorded in Cabinet X, Slide 266 of the Plat Records of Williamson County, Texas, for the Southwest corner of this tract. THENCE N 00°05'35" E 269.76 feet to a point on the South line of Lot 26 in Block F of Settlers Crossing Section 3 as recorded in Cabinet AA, Slide 375 of the above mentioned Plat Records for the Northwest corner of the above mentioned 6.770 acre tract and the Northwest corner of this tract. THENCE S 89°55'06" E with the South line of the above mentioned Section 3 50.30 feet to an angle point of the said 6.770 acre tract and an angle point of this tract. THENCE N 89°38'09" E with the South line of the above mentioned Section 3 924.23 feet to a point on the proposed West line of County Road #122 for the Northeast corner of this tract. THENCE S 08°47'35" W with the proposed West line of County Road #122 240.65 feet to an angle point of this tract. THENCE S 48°17'26"W 58.53 feet to a point on the proposed North line of Kiphen Road for the most Southerly Southeast corner of this tract. RECEVEL' JUN ?_ 4 2006 CITY OF ROUND 1 Ro 5.959 ACRES EXHIBIT "A" PAGE 2 OF 2 THENCE N 89°55'23" W 894.47 feet to the POINT OF BEGINNING containing 5.959 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were compiled from public records and calculations made by me and are correct to the best of my knowledge and belief. This is not an on -the -ground su monuments .re s 7A� E OF T� Srf FQ cc,rya R� i1)A A AI")(') F HINKLE vP...F4629 P' .VO....F ESS. a DQ^ SUR`l avL Claude F. Hinkle, Jr. R.P.L.S. No. 4629 JUN 1 2 2006 Date 1505.doc © Austin Surveyors 2006 iit E ro Lal 0 1-1iJ M (3 V r) 0 County Road #122 s �_ N 89'38'09"E 924.23' • Lad .s9'Uti-e• C,< • co u7 cd bo u) 0 I.0 'c',1 o•) ' in O LC') b, coco Z (I) d) d 0 0 u-) u�.0. u) Yo /2 9L'69Z r0p 3,S�,5UAU N CG a 0) v 0 .n c o. o (i) - E- O 0 c o N Q, a �Eo v • o 0 N N N' ✓ 3 0 m„ 0 EP O N 11'a E •t -s m —3 ova - o 0 E Cc C Li_ V O >, c 0 V _lc • 112 O 4) OV E (,) - 'CI 0 0 1) 0 z 0 0 z 0 0 N 0 N 0) >�II 01 41) SURVEYORS Austin Surveyors 2006 Date: Annexation Area: Provision of Service: 1. WATER SERVICE EXHIBIT B PROVISION OF SERVICE PLAN August 10, 2006 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED 5.95 acre tract of land out Willis Donaho Survey. 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 provided in accordance with the City of Round Rock Subdivision Ordinance. Services will be provided in accordance with the City of Round Rock Subdivision Ordinance. Provide immediately upon annexation. Provide immediately upon annexation. None required. None are required. Whitney Partnership Tract CORRIGAN 3 W m- CLINTON PL z � z _- _PAULING LN-.. _.. - --PEARSON'WAY._ . - ... -. z 0 O 0 Whitney Tract 5.95 acres T C OATTS LN N ANNEXATION OF 5.95 ACRES OF LAND NORTHWEST CORNER OF CR 122 AND KIPHEN ROAD WHITNEY TRACT AFTER RECORDING RETURN TO: CITY OF ROUND ROCK CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006071167 08/21/2006 11:49 AM MILLER $60.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS