G-99-06-24-9C1 - 6/24/1999ORDINANCE NO. &"(::i 1 r "
AN ORDINANCE SETTING A DATE AND TIME FOR TWO PUBLIC
HEARINGS TO BE HELD IN THE CITY COUNCIL CHAMBERS ON
THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE
CITY OF ROUND ROCK, TEXAS, TO WIT: 295 ACRES OF LAND,
OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409,
WILLIAMSON COUNTY; AUTHORIZING AND DIRECTING THE
CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
On the 20th day of July, 1999, at 6:00 o'clock P.M. in the
City Council Chambers, City of Round Rock, Texas, the City Council
will hold a public hearing giving all interested persons the right
to appear and be heard on the proposed annexation by the City of
Round Rock, Texas, of 295 acres of land, out of the Joseph Marshall
Survey, Abstract No. 409 in Williamson County, ("the Property,")
more particularly described in Exhibit "A".
On the 22nd day of July, 1999, at 7:00 o'clock P.M. in the
City Council Chambers, City of Round Rock, Texas, the City Council
will hold a second public hearing giving all interested persons the
right to appear and be heard on the proposed annexation by the City
of Round Rock, Texas, of the Property.
K:\WPDOCS\ORDINANC\090624C1.WPD/scg
II.
The City Secretary is hereby authorized and directed to
publish notice of said public hearings in the official newspaper in
accordance with §43.052, Local Government Code.
III.
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conflict herewith are expressly repealed.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, and
the Act.
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.
2.
READ, PASSED, and ADOPTED on first reading this c-7 - day
of , 1999.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1999.
READ, APPROVED and ADOPTED on second reading this the
day of , 1999.
ATTEST:
E LAND, City Secretary
3.
ROBERT A. STLUKA, JR.", Mayor
City of Round Rock, Texas
THE STATE O•F- TFXAS I
KNOW ALL MEN BY THESE PR ESENT3:
COUNTY OP WILLIA),iSON '
4153
THAT L Bern( Werkeathin. of Travis County, Texas, not be-
ing joined•herein by my. wife for the reason that the property herein
conveyed constitutes no part of my or our homestead, for and in, con-
••
on-
. •
sideration of the sum of Ten ($10.00)Dollar/ and other good and ruf-
ficient cash consideration to me in hand paid by the Grantee herein -
alter named, the receipt of which is hereby acknowtedg'dd •and conlesued
and' for the payment -of w'hfch no right or lien, express or implied is
retained; and the further consideration of the cum of Forty -Five Thou-
sand ($45.000.00) Dollars secured to be,paid in accordance with one
certain promissory purchase mopey note of even date herewith executed
by the grantee herein,payable at
Capital National Bank in Austin,
grantor's request to the order of the
Texas, Truetce, at Austin, Texas,
which said -note bears interest from date as therein provided and is
payable in monthly installment. of Three Hundred Eighty (5380. 00) Dot- -
1:it's per month including principal and interest at
six (6%i) per cent per -
annum with the first such payment being due on the 3rd day of February,
1964, with a like installment on the 3rd day of each month thcrea.(ter,
until the 3rd day January, 1974,
at whien date said note; including
all principal and interest not then paid shall be paid in full and which
said note is further secured by a deed of trust of evert date hereof to
Herbert S. Bdlrn, Trustee:
FUrs.GRAN'TED, 50LD and CONVEY ED, and
do GRANT, SELL tnd CONVEY, unto J. Lawrence Berkman of Travis
by there
presents
County, Texa4 all tjtat certain lot, tract orarcel of -land
— ---• D .ging • sad- ._.
being situated in Williamson
follows:
• BEING 315.43_acres
207:43 acre*.ol that
�6�5_acr.es.,o1
Abet. j147._anri_32,
County. Texas, known and described as
in Williamson' County, Texas,
Joseph ?Arehall•Survey, Abet.
the..flairtfili Jenkins Survey,
&-1Cres of the P.A. Holder
r
sarvey, Abet,- /297, sod being air of the tract of 317.9'-icres des-
cribed as S1:COND TRACT in a deed from R. R. Stolley, ct ttx, to
C q. Luedr.ks, dated January' 21, 1942„ of record in Vol. 312,
page 152. Deed Records, Williamson County, Texas, cacept about L
acres lying Within public roads bordering'tragi.
BpGfNNING at an iron, stake set beside a fence corner .poat in the. North•
p p w line of a paved County road, in the West line of the Jenkins Sur-
vey, and in the East line of the P. A. Holder Survey, North about 7
sara s from the SE corner of same.
• THENCE N 1 deg. 10' W with an old_ fence along tjte West fine of tbe•
)enkins Survey, at about 430 varas pais the NW corner of the Jcokia■
Survey, and the SW corner of the Marshall Survey, in all 1584 varas
(4400 feet) to set an iron stake beside a fence corner post.
THENCE•5 89 deg- -45' W with an old fence 75.24 vara, (209 feet) to
cin iron atake beside a fence corner post. .
THENCE N j dcg. W w:ih an old fence, at -243 .arae cross a dry branch,_
in all 718.92 varas (1997 feet) to set an iron stake beside a fence corner
post. •
THENCE- N 83 deg. 30' W with a fence, 155.16 vara, (431 feet) to set
an iron stake beside a f ence corner post.
THENCE N L deg, 15' W with a fence, at 323 varas fence turns and
-_euns•.abouj 17 e4r•g 3Y to the river bank continue -in a straight Line,
at 396.3 varar ser. -an iron stake in a fence on the South bank of Brushy
Creek, in all 427.68 varas (1188 feet) to a point in the center of Brusby
Creek. the NW corner of the 317.9 acre tract.
THENCE down the center of the channel' of the creek as follows; N 49
deg. 30' E-211. 32. varas (587 feet), • N 5 deg.. 50' W 153 varas (425 feet),
N 35 deg. W 36.72 varas (102 feet). and N 46 deg. E 132.12 varas
(367 feet) to a point for the NE corner of this tract.
THENCE S 28 deg. E with a fence which crosses the creek, 32.4 varas
(90 feet) to set an, iron stake against the West edge of a 26 inch Pecan
tree.
THENCE with the meanders of a crooked fence through the creek bottom
timber as follows; S 4 deg. V( 108 varas (300 feet), 5 1 deg. 30' W 80
varas (222.2 fesc),. to a fence corner post at the toe of a hill'. '
a
THENCE S 3 dcg. W with a fence 136.08 varas (378 feet) to a bend in
the fence.
THENCE S 1 deg. E with an old fence, at 36 varas pass a fence corner,
in all 430.92 varas (1197 feet) to set an iron stake beside a fence cor-
ner post, .the corr<or describ2d at the end of the third call above stands
5 40 deg. W 95:76 varas (266 feet).
•
THENCE S 33 deg. 20' E with an old fence, 1421.64 varas (3?49 feet)
to set an iro t stake beside a fence c* rner post.
THENCE S 0 deg. 30' E with an old :ence 818.64 varas (2274 :tet) to
set ah iron•-a:ake beside a fence corn:, post.
_. THENCE -N•87 deg. 50' E with an old fence along or-ncir the South
line of the Ma: shall Survey, and the lvorth line of the Jenkins S%-rvey,
-2-
•
__
309.6 _J860 feet to seta° iron stake beside, a fence corner volt -_.._--
THENCE S 1 deg. 10' E with the fence hong the Wcst line
graveled County road, 391.14 varas (1086.5• feet) to set an
near a fence 'corner poet.
THENCE with the meanders of
the paved 40 Loot wide County
vireo (281.5 feet). -•N 73 deg.
East gate post of an entryway
81 deg. 30' E 9 vasal.
THENCE eoetLnue with the road line, S 75 deg. 05' W 504 varas
(1400 feet) and 5 89 deg. 30' W 170.64 varas (474 feet) to the POINT
OF BEGINNING, and being the ,$me property described in a deed
dated October 19, 1962, from C.. R. Luedtke and wife to grantor. and
being of record Vol. 455, p. 147, Deed Records of Will *moon County
of a
iron
ad�e
a fence. along the North R 0 W tine of
roa4 as follows; N 89 deg. 40.' W 101.34
30' W 396.72 varas (1102 feet) to the
to this property` a 9 inch H B stands S
•
Tctas.
• TO HAVE AND TO HOLD the above described premises together
with,all and singular the rights and appurtenances thereto in anywise be,.
tonging unto the grantee above tamed. his heirs or assigns forever. and
1 do hereby bind myself. my heirs. executors and administrators to. war-
rani
ar
rant and forever defend all and singular the premises unto t])e said gran-
tea,—bit heirs and assigns a`aiitst every person whomsoever lawfully claita-
ing or to claim the same or. any part thereof; subject however to all re_
striations and easements of•record applicable to said property.
- But it is expressly agreed as stipulate that the vendor's lien is
retained against the above described property, premises and improve-,
ments..unttl the indebtedness above mentioned and described. as evidenced
hefk-Inbefor.e described note. principal and interest, is fully paid accord-
ing to its face andtenor, effect and reading. when- this deed shall be- ,
come absolute. And 1 the rentor herein, for value received as ,,fore
, said. have.tranaferred and assigned, and by these presents.•do hereby
transfef and assign; without recourse on me .n any event, unto the .• =t
pltzNattollal Banc in Austin, Texas, TirCi'.ee, the vendor's lied lfer:iirr
retained, together w.th all rights, equities an superior title thereto
curing the payment of said note as aforesaid. .
W1TNF3S M(.D ia_3rd day of January. -19fi4.
se -
T
LLL,i,Y• .L L----
Bernt' erkenthin
THE 5TATC OF TD�AS
COUNTY OF TRAVIS
BEFORE
appeared Berni
is subscribed to
he executed the
l f P CIY FN U
1
0
Ad E„ the undersigned authority, on this day persaoauy
Werkenthin, known to me to be the person whose name
the foregoing instrument. and acknowledged to me that
same for the purposes and consideration therein expressed.
NDER MY HAND AND SEAL OF OFFICE this .�c%dsy
of J»Y.
C�' 1964.
Cb-
(•
Notary public, Travis Co(utty, Tea
C, -
Berkman Tract: Lake Forest Village Development Tract
Annexation and Original Zoning Timetable
(295 acres of land)
6/24/99 Council adoption of Date, Time and Place Ordinance.
7/1/99 Annexation public hearing notice (advertising 2 Council hearings:
7/2099 (special called) and 7/22/99) delivered to Round Rock Leader
7/7/99 Prepare provision of services plan (must be prepared prior to notice of
1St public hearing)
7/8/99 Notice advertising 2 annexation public hearings published in Leader
(12 days before first hearing; 14 days before 2"d hearing)
5/24/99 Public hearing notice (advertising two zoning public hearings:
(P&Z 6/16/99 and 7/8/99 Council) delivered to Leader.
5/27/99 Original zoning public hearing notice (advertising two zoning public
hearings: 6/16/99 P&Z and 7/8/99 Council) published in Leader
7/20/99 First annexation public hearing held — Special called Council meeting.
(23 days from institution of proceedings)
7/22/99 Second annexation public hearing held — Special called Council
meeting. (21 days from institution of proceedings)
6/16/99 a. Public hearing held by P&Z on original zoning;
b. Commission formulation of original zoning recommendation.
8/12/99 INSTITUTION OF ANNEXATION PROCEDINGS:
a. Council original zoning public hearing;
b. Adoption of annexation
c. Adoption of zoning
(Start count of 90 day window for completion of annexation if required)
8/26/99 a. 2"d reading for Adoption of annexation I(f required)
b. 2"d reading for adoption of zoning (if required)
Date:
Staff: P. Gambrel
Date:
Subject:
Item:
June 20, 1999
City Council Meeting - June 24, 1999
9.C.1. Consider an ordinance setting the date, time, and place for two
public hearings concerning annexing 295 acres out of the Joseph
Marshall Survey, A-409. (Berkman Tract: Lake Forest Village).
(First Reading) The annexation timetable has been revised and
requires a new date, time, and place ordinance. The first public
hearing will take place on July 20, 1999 and the second public
hearing will take place on July 22, 1999. Applicant: LaTrelle
Berkman Peterson, John Russell Peterson, Kristin C. Peterson.
Staff Resource Person: Joe Vining, Planning Director.
Berkman Tract Annexation
295 Acres
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