G-99-05-13-12B3 - 5/13/1999ORDINANCE NO. gqq - 05-13 - i a 83
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,
MORE OR LESS, 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 6th day of June, 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, more or less out of the Joseph
Marshall Survey, Abstract No. 409 in Williamson County, ("the
Property,") more particularly described in Exhibit "A".
On the 10th day of June, 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\090513B3.WPD/seg
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conflict herewith are expressly repealed.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 /3 day
, 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:
NE LAND, City Secretary
3.
CHARLES
G L e!
CULP PFIR,Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PR ESENT3:
COUNTY OP WLLLLAL(SON S '
4153
THAT L Berni Werkeathtn, of Travis County, Texas, not be-
ing joined•hereia by my,wife for the reason that the property herein
conveyed constitutes no part of my or our homestead, for and io. con-
.ideration of the' auan of Ten (.5.10. 00) Dollard and other good and etif_
(icient cash consideration to me in hand paid by the Grantee herein-
after named, the riceipt of which is herebyacknowledg'ed'and confes.ed
and for the payment-oCrrhfch no right or lien, express or implied is
retained; and the further consideration of the sure of Forty -Five Thou-
sand ($45.000.00) Dollar■ secured to be,paid in accordance with one
certain promissory purchase mopey note of even date herewith
executed
by the grantee herein,payable at grantor's request to the order of the
Capital National Bank in Austin, Texas, Trustee, at Austin, Texas,
which said -note bears interest from date as therein provided and is
payable 'in monthly installments of Three Hundred Eighty ($380. 00) Dol -
lays per month including principal and interest at six (6%) 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 thereafter.
until the 3rd day i,f January, 1974, at whicn date said note; including
all principal and interest not then paid shall be paid in full and which
said note is further secutcd by a deed of trust of even date hereof to
Herbert S. Bolrn, Trustee;
i GRANTED, SOLD and CONVEYED, and by there presents
do GRANT, SELL end CONVEY, unto J. Lawrence Bcrkrnan of Travis
County, Texas', all that certain lot, tract or parcel of -land aying•sod
being situated in Williamson County. Texas, known and described as
follow,:
13E249 _315. 43_aeres in Williamson- County, Texas,
20T143 acres_ot the Joseph M rehall Survey, Abet.
_14G9; 765_acres „of th.nerfCA Jenkins Survey,
Abet. 1147,_and_32.6 eras of the P.A. Holder
41.
Survey. Abed f297, and being all. of the tract of 317.9-aeres des-
cribed as SICCOND TRACT in a deed from R. R. Stoney, et ux, W
C q. Luedtke, dated January' 21, 1942, of record in Vol. 312,
Williamson County, Texas, except about L
Page 152. peed Records,
acres lying Within public roads bordering'ttits traef.
BGf1VN NG at an iron, stake set beside a fence corner .poet in the. North•
R 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
eras from the SE corner of same.
THENCE N 1 deg. 10' W with an old_ fence along Atte West Lina of U.
„Jenkins Survey, at about 430 visas pass the NW Corner of the Jenkins
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 •S 89 deg. --45' W with an old fence 75.24 varas (209 feet) to
let art iron stake beside a fence corner post.
THENCE N j dcg. W w:ih an old fence, at Z43 .eras cross a dry brans/._
in all 718.92 varas (1997 fect) to set an iron ■take beside a fence corner
poet.•
THENCE N 83 deg. 30' W with a fence, 155.16 varas (431 feet) to set
an iron stake beside a f ence corner post.
THENCE N deg. 15' W with a fence, at 323 varas fence turns and
--•suns—abou-N—L2._dtg W to the river bank, continue•ln a straight line,
at 396.3 varas• scr.-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 Brushy
Creek, the NW corner of the 317.9 acre tract.
THENCE down the center of the channel•of thc 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 Het an,iron stake against thc 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. VI( 108 varas (300 feet), S 1 deg. 30' W 80
vara* (222. 2 fest),. to a fence corner post at the toe of a hill'. '
3
THENCE S 3 dcg. W with a fence 136.08 varas (378 feet) to a bend in
the fence. " --
THENCE S I deg. E with an old fence, at 36 varas pass a fence eornsr,
in an 430.x2 varas (1197 feet) to set an iron stake beside a fence cor-
ner post, . the corder describ2d at the end of the third call above stands
S•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 sit iron,-._ake beside a fence corn:j post.
- THENCE -N -87 -deg: 50' E with an old fence *tong or near the South
line of the Marshall Survey, and the Korth line of the Jenkins St:rvcy,
_2_
309.6 jE60 feet .to ■�'
THENCE S 1 deg. 10' E with
gavcled County road. 391.14
near a fence 'corner past..
L un_take beside, a fence corner _
the fence along the Wcst line of a
vara• (1086.5 feet) to Set an iron stilts
•
•
THENCE with •the meanders of a fence along the North R 0 W line of
the paved 40 toot wide County road as follow.; N 89 deg. 40•' W 101.34
vara. (281.5 feet), --1! 78 deg. 30' W 396.71 varas (1102 feet) to the
East gate post of an entryway to this property) a 9 inch H B stands S
82. deg_ 30' E 9 vara•.
•
THENCE continue with the road line. 5 75 deg. 05' W 504 vara.
(1400 feet) and S 89 deg. 30' W 170.64 versa (474 feet) to the POINT
OF BEGINNING, and being the !erne property described in a deed
dated October 19, 1962, from C.. R. Luedtke and wile to grantor. and
being of record Vol. 455, p. 147, Deed Records of Will arnson County,
Texas. -
,
TO HAVE AND TO HOLD the above described premises together
v!ich;,a11 and singular the rights and appurtenances thereto in anywise be,. ..
tonging unto the grantee above named, his heirs or assigna forever, and
1 do hereby bind myself. my heir.. executors and administrators to, war-
rant and forever defend all and singular the premises unto Vie said gran -
tea -bin heirs and assigns against every person whomsoever lawfully claim-•
ing or to claire 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 Iten is _--
retained against the above described property, premises and improve -
menta -until the indebtedness above mentioned and described, as evidenced '
hrtYt1nbefore 'described note, principal and interest, is fully paid accord -
1
ing to its face andtenor, effect and reading, when- this deed shall be- ,
come absolute. And l _the grantor herein. for value received as Vote
-
said,. have 'transferred and assigned, and by these presents. do hereby
transfet and assign; without recourse on me At any event, unto the
---- apitzt-Nattcrna1 Banc in Austin, Texas, Tirdi•.ee, the vendor's lied .beAler
retained, together w.th all rights, equities an superior title thereto ae-
F
curing the payment rf said note as aforesaid.
WITNESS -(Y- 14XDJhis_3rd day of January. 'iTt4.
Berns' ericenthin
of Ja.sy, 1964.
at
THE STATE OF TEXAS
COUNTY OF TRAVIS
1
0
BEFORE ME, the crndersigned authority, on this day personally
appcared Berni Werkenthin, known to me to be the person whose mama
is subscribed to the foregoing instrument. and acknowledged to me that
he executed the same for the purposed' and consideration therein expressed.
po •GIyEN UNDER MY HAND AND SEAL OF OFFICE this J 4ay
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Notary Public, y,
Travis Co(ust Tei
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Oakwood Village Development Tract (Berkman)
Annexation and Original Zoning Timetable
(295 ± acres of land)
5/13/99 Council adoption of Date, Time and Place Ordinance.
5/20/99 Annexation public hearing notice (advertising 2 Council hearings:
6/8/99 (special called) and 6/10/99) delivered to Round Rock Leader
5/21/99 Prepare provision of services plan (must be prepared prior to notice of
1st public hearing)
5/24/99 Notice advertising 2 annexation public hearings published in Leader
(15 days before first hearing; 17 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
6/8/99 First annexation public hearing held — Special called Council meeting.
(30 days from institution of proceedings)
6/10/99 Second annexation public hearing held — Special called Council
meeting. (28 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.
7/8/99 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)
7/22/99 a. 2"d reading for Adoption of annexation I(f required)
b. 2' reading for adoption of zoning (if required)
Date: /2 -4F -A
9
Staff: P. Gambrel
Date:
Subject:
Item:
May 7, 1999
City Council Meeting - May 13, 1999
12.B. 3.
Consider an ordinance setting the date, time, and place
for a public hearing concerning annexing 295 acres more
or less out of the Joseph Marshall Survey, A-409.
(Berkman Tract: Oakwood Village). (First Reading)
Applicant: LaTrelle Berkman Peterson, John Russell
Peterson, Kristin C. Peterson. Staff Resource Person: Joe
Vining, Planning Director.
Berkman / Peterson Tract Annexation
295 Acres
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