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G-98-09-10-9B5 - 9/10/1998ORDINANCE NO. t - Q'-o-io- 9 5 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: 31.437 ACRES OF LAND (TRACT 1) AND 1.933 ACRES OF LAND (TRACT 2) 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 October, 1998, 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 31.437 acres of land (Tract 1) and 1.933 acres of land (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409 in Williamson County, ("the Property,") more particularly described in Exhibit "A". On the 8th day of October, 1998, 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. 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. K:\WPDOCS\ORDINANC\080910B5.WPD/Scg 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. of READ, PASSED, and ADOPTED on first reading this / Otild day Alternative 2. READ and APPROVED on first reading this the day of , 1998. READ, APPROVED and ADOPTED on second reading this the day of , 1998. 2. ATTEST: E LAND, City Secretary 3. CHARLES CUL=, Mayor City of Round Rock, Texas EXHIBIT "A" DESCRIPTION FOR A 31.437 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY. ABST. NO. 409. AND CONVEYED BY INSTRUMENT TO THE CITY OF ROUND ROCK AS RECORDED IN VOLUME 768. PAGE 648 OF THE DEED RECORDS OF WILLIAMSON COUNTY. TX. HEREIN DESIGNATED AS TRACT ONE. AND ALSO FOR A 1.933 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY. ABST. NO. 409. AND CONVEYED BY INSTRUMENT TO THE CITY OF ROUND ROCK. AS RECORDED IN VOLUME 1802, PAGE 539 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TX. HEREIN DESIGNATED AS TRACT TWO. SAID TRACTS BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT ONF BEGINNING at an iron pipe found in the south right-of-way line of the Missouri -Pacific Railroad being 50 feet south of and parallel to the centerline of the tracks as conveyed by instrument to the International and Greater Northern Railroad (now Missouri -Pacific Railroad) in Volume 17. Page 606. of the Deed Records of Williamson County. TX. same being the northwest corner of a 48.84 acre tract of land conveyed to V.A. Southern by instrument recorded in Volume 339. Page 289. of the Deed Records of Williamson County. TX, also being the northeast corner and POINT OF BEGINNING hereof: THENCE. with the west boundary line of said Southern tract and the east boundary line hereof. S00°39'16"E. for a distance of 700.00 feet to a capped iron set being a point for angle hereof: THENCE, with said boundary line. S01°48'44"W, for a distance of 677.00 feet to a point in the approximate centerline of Brushy Creek being the northeast corner of a 240 acre tract of land conveyed by instrument to M.H. Freeman and recorded in Volume 343. Page 230 of the Deed Records of Williamson County. TX. also being the southeast corner hereof: THENCE. departing the west boundary line of said V.A. Southern tract and with the approximate centerline of Brushy Creek being the north boundary line of said M.H. Freeman tract and the south boundary line hereof the following four courses: 1) S56°06'44"W. for a distance of 287.40 feet to a point being a point for angle hereof: 2) S63°55'44"W. for a distance of 246.00 feet to a point being a point for angle hereof: 3) S40°50'44"W, for a distance of 117.00 feet to a point being a point for angle hereof: 4) S02°56'071W. for a distance of 179.20 feet to a point being the northeast corner of the southerly portion of a 3.637 acre tract of land conveyed to the City of Austin by instrument and recorded in Volume 2715. Page 433. of the Official Records of Williamson County. TX. same being a point for corner hereof: THENCE. departing the approximate centerline of Brushy Creek. and with the north line of said City of Austin tract. N84°32'591W. at a distance of 187.04 feet, pass an iron rod found and continuing for a total distance of 367.04 feet to an iron rod found being a point for corner hereof and from which an iron rod found 2.05 feet west of the west line of said City of Austin tract bears N86°30'28"W. at a distance of 24.13 feet: THENCE, with the east and south lines of said City of Austin tract being the west and north lines hereof the following four courses: 1) N00°05'00"E. for distance of 1444.47 feet to a PK Nail found in a concrete low water crossing of Chandler Creek being a point for corner hereof: 2) N31°54'29"E. for a distance of 59.92 feet to an iron rod found and being a point for corner hereof: 3) N67°31'17"E. for a distance of 727.97 feet to an iron rod found and being a point for corner hereof: 31.437 ACRE TRACT PAGE 2 4) N19°25'45"W. for a distance of 22.04 feet to an iron rod found in the south right-of-way line of said Missouri Pacific Railroad. same being the northeast corner of the northern portion of said City of Austin Tract. also being a point for corner hereof: THENCE. with the said right-of-way line of the Missouri -Pacific Railroad. N69°42'58"E. for a distance of 239.81 feet to the POINT OF BEGINNING and containing 31.437 acres of land. TRACT TWQ BEGINNING at an iron rod found in the south right-of-way line of the Missouri - Pacific Railroad being 50 feet south of and parallel to the centerline of the tracks and conveyed by instrument to the International and Great Northern Railroad (now Missouri - Pacific Railroad) and recorded in Volume 27. Page 595 of the Deed records of Williamson County. TX. same being the northwest corner of a 0.394 acre tract of land designated Tract One and conveyed by instrument to the City of Austin and recorded in Volume 2657. Page 713. of the Official Records of Williamson County. TX. also being in the north boundary line and a point for curvature hereof: THENCE. departing said right-of-way line and with the south line of said City of Austin tract. along a curve to the right for a distance of 310.90 feet. having a radius of 250.00 feet. a central angle of 71°15'13". and a chord bearing S78°17'42"E, for a distance of 291.25 feet to an iron rod found in the west boundary line of a 3.637 acre tract of land conveyed by instrument to the City of Austin and recorded in Volume 2715. Page 433 of the Official records of Williamson County. TX. also being the northeast corner hereof: THENCE. with said west boundary line. S00°18'56"E. for a distance of 91.87 feet to an iron rod found being the northeast corner of a 37.15 acre tract of land designated Tract Two and conveyed by instrument to the City of Austin and recorded in Volume 2657. Page 710 of the Official Records of Williamson County. TX, also being the southeast corner hereof: THENCE. departing the west boundary line of said 3.637 acre tract and with the north boundary line of said 37.15 acre tract along a curve to the left for a distance of 318.09 feet. having a radius of 200.00 feet. a central angle of 91°07'34". and a chord bearing N68°21'58"W. for a distance of 285.61 feet to an iron rod found being a point for corner hereof; THENCE. with the said north boundary line. S66°02'11"W. at a distance of 675.74 feet. pass an iron rod found at the northwest corner of said 37.15 acre tract and continuing for a total distance of 1374.88 feet to a capped iron rod set being the southwest corner hereof: THENCE. N23°52'44"W. for distance of 49.93 feet to a capped iron rod set in the south right-of-way line of said Missouri -Pacific Railroad and being the northwest corner hereof; THENCE. with said right-of-way line. N66°02'11"E. for a distance of 1374.88 feet to the POINT OF BEGINNING and containing 1.933 acres of land. Surveyed under the direct supervision of the undersigned: (///- VAAAS1' 611-4 /40. I C M. StP hen T uesdale Date - Registered Professional Land Surveyor No. 4933 Baker-Aicklen & Associates. Inc. 203 East Main St.. Suite 201 Round Rock. Texas 78664 (512)244-9620 Job No. 601-534-10 MST/md Doc# 9654767 Pages: 5 e : 10-14-1 6 Tim- ords RA TY CRK : 03: . 0 P.M. ficia •.rded in Filed , of WI BIAMSIZZELL aunty 3 TX Rec. $ 17.00 17,6111 °OFit77R9 rnu7m. r WIWP.12013 I la LI 10 thst MOW rifCa,coFr . to a;, • . Pubs n=rds cl P rs°n C on Cu Q= °r,J tlm.) • COUP LEM WIULVIL COMM TEu:3 ANNEXATION OR CITY LIMITS EXTENSION PETITION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: Two tracts of land consisting of 31.437 acres ("Tract 1") and 1.933 acres ("Tract 2"), respectively, more or less, out of the Joseph Marshall Survey, Abstract 409, Williamson County, Texas, more particularly described in the field notes and map or plat attached hereto as Exhibit "A" and incorporated herein for all purposes. We hereby certify, under oath, that: (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACTS OF LAND and as evidence thereof we have attached as Exhibit "B" a true and current copy of the Warranty Deed whereby we acquired said property, and (2) the above described tracts of land are contiguous and adjacent to the current city limits of the City of Round Rock, Texas. OWNER: Lower Colorado River Authority, a conservation reclamation district of the State of Texas B anager, WaterCo Division SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Joseph J. Beal, P.E.,Manager, WaterCo Division of the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. ��ANp ' •;x ' '47E Notary P ic, State of Texas riuuIIIuuuIIvi 51111111111110. 111111111111111U% � ��1111111111r� 4/11S► Brushy Creek Regional Wastewater Treatment Plant Tracts 1 and 2 Annexation and Original Zoning Timetable ( 31.437 ac (Tract 1) and 1.933 (Tract 2) acres of land) 9/10/98 Council adoption of Date, Time and Place Ordinance. 9/21/98 Annexation public hearing notice (advertising 2 Council hearings: 10/6/98 (special called) and 10/8/98) delivered to Round Rock Leader 9/23/98 Prepare provision of services plan (must be prepared prior to notice of 1St public hearing) 9/24/98 Notice advertising 2 annexation public hearings published in Leader (12 days before first hearing; 14 days before 2nd hearing) 10/12/98 Public hearing notice (advertising two zoning public hearings: (P&Z 10/28/98 and 11/12/98 Council) delivered to Leader. 10/6/98 First annexation public hearing held - Special called Council meeting. (37 days from institution of proceedings) 10/15/98 Original zoning public hearing notice (advertising two zoning public hearings: 10/28/98 P&Z and 11/12/98 Council) published in Leader (13 days from P&Z and 28 days from Council) 10/8/98 Second annexation public hearing held - Special called Council meeting. (35 days from institution of proceedings) 10/28/98 a. Public hearing held by P&Z on original zoning; b. Commission formulation of original zoning recommendation. 11/12/98 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) Date: Staff: P. Gambrel Date: September 4, 1998 Subject: City Council Meeting - September 10, 1998 Item: 9.B.5. Consider an ordinance setting the date, time, and place for a public hearing concerning the annexation of two tracts of land consisting of 31.437 acres (Tract 1) and 1.933 acres (Tract 2) out of the Joseph Marshall Survey, Abstract No. 409, Williamson County, Texas. (Brushy Creek Regional Wastewater Treatment Plant) (First Reading). Second reading may be dispensed with the unanimous consent of the Council. Applicant: Lower Colorado River Authority. Agent: Joseph J. Beal, P.E., Manager, Water Co. Division. Staff Resource Person: Joe Vining, Planning Director. Brushy Creek Regional Wastewater Treatment Plant