G-98-09-10-9B4 - 9/10/1998ORDINANCE NO. G- 1 O" 09- ID- go
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: 0.394 ACRES OF LAND
(PARCEL A TRACT 1), 37.150 ACRES OF LAND (PARCEL A TRACT
2), AND 3.637 ACRES OF LAND (PARCEL B TRACT 1) 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 0.394 acres of land (Parcel A Tract 1),
37.150 acres of land (Parcel A Tract 2), and 3.637 acres of land
(Parcel B Tract 1) 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.
K:\WPDOCS\ORDINANC\080910B4.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conflict herewith are expressly repealed.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.
READ, PASSED, and ADOPTED on first reading this � day
of
, 1998.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1998.
2.
READ, APPROVED and ADOPTED on second reading this
the day of , 1998.
ATTEST:
ANNE LAND, City Secretary
3.
CHARLES CUPER, Mayor
City of Round Rock, Texas
EXHIBIT "A"
DESCRIPTION
TELANDER
Tract One & Two
DESCRIPTION OF TWO TRACTS OF LAND ,OUT OF THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY,
TEXAS, SAME BEING PORTIONS OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 73 ACRES IN DEEDS TO ARNOLD TELANDER, OF
RECORD IN VOLUME -7849, PAGE 807, AND VOLUME 849, PAGE 813,
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND VOLUME
2129, PAGE 744, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; TRACT ONE BEING 0.394 OF ONE ACRE OF LAND AND
TRACT TWO BEING 37.150 ACRES OF LAND; SAME BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT ONE: 0.394 OF ONE ACRE OF LAND
BEGINNING at a 1/2 inch iron rod set at the northeast corner of this tract and of said
Telander tract, same being the northwest corner of that certain tract of land described in a deed
to Hollis Scruggs, of record in Volume 672, Page 415, Deed Records of Williamson County,
Texas, same being in the south line of the Missouri Pacific Railroad, formerly the International
and Great Northern Railroad, and at the southeast corner of that certain tract of land described
in a deed to the International and Great Northern Railroad Company in Volume 27, Page 595,
Deed Records of Williamson County, Texas, from which POINT OF BEGINNING a 3/4 inch
iron pipe found at the northeast corner of that certain tract of land described in a deed to the
City of Round Rock, of record in Volume 768, Page 648, Deed Records of Williamson
County, Texas, bears N66°02'13"E 217.24 feet to a 1/2 inch iron rod set, N67°26'18"E a
chord distance of 563.55 feet to a 1/2 inch iron rod found, and N69°43'21"E a chord distance
of 239.81 feet, and from which POINT OF BEGINNING a 1/2 inch iron rod found at the
northeast corner of that certain tract of land described in a deed to the Missouri Pacific
Railroad, in Volume 2135, Page 594, Official Records of Williamson County, Texas, bears
S66°02' 13 "W 7521.44 feet;•
THENCE, with the east line of this tract and of said Telander tract, and the west line of said
Scruggs tract, S00° 19' 11 "E 185.44 to a 1/2 inch iron rod set at the southeast corner of this
tract, same being the northeast corner of that certain tract of Iand described as 1.935 acres in a
deed to the City of Round Rock in Volume 1802, Page 539, Official Records of Williamson
County, Texas, same being the beginning of a curve whose radius is 250.00 feet;
THENCE, with the curving southwest line of this tract and the curving northeast corner of said
1.935 acres, crossing said Telander tract, to the left, an arc distance of 310.97 feet, the chord
of which bears N78 ° 17'28 "W 291.31 feet to a 1/2 inch iron rod set at the end of said curve at
the west corner of this tract, same being in the south line of said Railroad;
THENCE, with the north line of this tract and of said Telander tract, and the south line of said
Railroad, N66°02'13"E 311.02 feet to the POINT OF BEGINNING and containing 0.394 of
one acre within these metes and bounds.
TELANDER
Tract One & Two
Page 2
TRACT TWO: 37.150 ACRES OF LAND
BEGINNING at a 1/2 inch iron rod set at the northeast corner of this tract, same being in the
east line of said Telander Tract, same being the southeast corner of said 1.935 acres, from
which point a 1/2 inch iron rod set at the POINT OF BEGINNING of Tract One described
above, same being the northeast -corner of said Telander Tract, bears N00°19'11"W at 91.89
feet pass a 1/2 inch iron rod set at the northeast corner of said 1.935 acre tract, in all a total
distance of 277.33 feet;
THENCE, with the east line of this tract and of said Telander tract, same being the west line
of said Scruggs tract, in part near the remnants of a barbed wire fence, S00°19' 11"E at 586.68
feet passing 5.95 feet east of a 3/8 inch iron rod found, in all a total distance of 672.32 feet to
a 1/2 inch iron rod set at an angle point and S00°47'48"W at 180.35 feet passing 4.38 feet
east of a 3/8 inch iron rod found, at 314.02 feet passing 2.66,feet east of a 3/8 inch iron rod
found, at 539.10 feet passing on line an 8 inch hackberry in said barbed wire fence•at a fence
intersection, same being 2.05 feet east of a 1/2 inch iron rod found, in all a total distance of
949.95 feet to a point in the center of Brushy Creek, same being in the north line of that
certain tract of land described in a deed to M.H. Freeman and wife, Vera Maurine Freeman,
of record in Volume 343, Page 230, Deed Records of Williamson County, Texas;
THENCE, with the irregular south line of this tract and of said Telander tract, same being the
irregular north line of said Freeman tract, with the center of Brushy Creek, the following
seven courses: .
1.) S81°30'37"W 192.81
2.) S67°24'36"W 417.18
3.) S27°00'23"W 235.17
4.) S26°45'38"W 161.59
5.) S31°18'21"W 124.52
6.) S43°32'56"W 44.59
7.) N84°48'09"W 19.66
the southerly prolong
easement of- record
County, Texas;
feet to an angle point;
feet to an angle point;
feet to an angle point;
feet to an angle point;
feet to an angle point;
feet to an angle point; and
feet to a point at the southwest corner of this tract, same being in
ation of the west line of the 15 foot wide portion of a waterline
in Volume 2543, Page 682, Official Records of Williamson
THENCE, crossing said TeIander tract, with the southerly prolongation of the west line of said
15 foot wide portion of said waterline easement, and continuing with the west line of said 15
foot wide portion of said waterline easement, N00°05'08"W at 58.81 feet passing 15.00 feet
west of a 60d nail found in the east line of said waterline easement, at 91.81 feet pass a. 1/2
inch iron rod set as a reference point, at approximately 309.71 feet pass a point where said
waterline easement narrows from 25 feet in width to 15 feet in width, and continuing with the
west line of said 15 foot wide portion of said waterline easement, said location being based on
the monumented east line of said waterline easement as referenced hf -•ein, in all a total
distance of 2132.44 feet to a 1/2 inch iron rod set at the northwest ._i of this tract and of
said 15 foot wide waterline easement, same being in the south lit , of said 1.935 acres, same
TELANDER
Tract One & Two
Page d
being '15.00 feet west of and 4.79 feet south of a 60d nail found
waterline easement; in the east line of said
THF -NCE, with the irregular north line of this tract and the irregular south line of said 1.935
acres, crossing said Telander tract, N66°02'13"E 675.83 feet to a 1/2 inch iron rod set at the
beginning of a curve whose radius is 200.00 feet, and continuing with said curve to the right,
an arc distance of 318.09 feet;—the chord of which bears S68°21'49"E 285.61 feet to the
POINT OF BEGINNING and containing 37.150 acres within these metes and bounds.
SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6
Austin, Texas 78731 (512)451-8591
e LA
Ju. th J. McG y, Reg. P asional Land Surveyor No. 2093 • Date
Note. This copy of this description is not valid unless an original signature through
an original seal appears on its face. There is a plat to accompany this description.
.1.0146
1
SCRUGGS
3.637 Acres
EXHIBIT "B"
DESCRIPTIO N
DESCRIPTION OF 3.637 ACRES OF LAND OUT OF THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY,
TEXAS, SAME BEING ALL OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A DEED TO HOLLIS SCRUGGS, OF RECORD IN
VOLUME 672, PAGE 415, DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 3.637 ACRES OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found at the northeast corner of this tract and of said
Scruggs tract, same being an exterior ell corner of that certain tract of land described in a deedto the City of Round Rock, of record in Volume 768, Page 648, Deed Records of Williamson
County, Texas, same being in the curving south line of the Missouri Pacific Railroad
formerly the International and Great Northern Railroad, and the south line of that certain tract
of land described in a deed to the International and Great Northern Railroad Company,
record in Volume 17, Page 606, Deed Records of Williamson County, Texas, from which
POLYP OF BEGINNING a 3/4 inch iron pipe found at the northeast corner
of d City of
Round Rock tract, same being in the south line of said Railroad, bears N69°43'21"E 239.81
feet;
THENCE, with the irregular east line of this tract and of said Scruggs tract, and the irregular
north line of said City of Round Rock tract, the following three courses: g
1.) S19°30'08"E 22.05 feet to a 1/2 inch iron rod set at an exterior ell corner of this tract
and of said Scruggs tract;
2.) S67°31'17"W 727.94 feet to a 5/8 inch iron rod found at an interior ell corner of this
tract and of said Scruggs tract; and
3.) S31 °56'23"W 59.98 feet to a PK nail found in concrete at an interior ell corner of this
tract and of said Scruggs tract, from which point another PK nail found in concrete
bears S88°39'29"W 5.99 feet;
THENCE, continuing with the irregular east line of this tract and of said Scruggs tract, and the
west line of said City of Round Rock tract, .in part near a chain link fence, S00°05'00"w
1444.56 feet to a 1/2 inch iron rod found at an interior ell corner of this tract and of said
Scruggs tract, same being the southwest corner of said City of Round Rock tract;
THENCE, continuing with the irregular east line of this tract and of said Scruggs tract, and the
south line of said City of Round Rock tract, with a line near a chain link fence, S84°35'01"E
at 180.00 feet passing a 1/2 inch iron rod found on line near the end of said fence, in all a
total distance of 367.04 feet to a point in the center of Brushy Creek at an exterior ell corner
of this tract and of said Scruggs tract, same being the most southerly exterior ell corner of said
City of Round Rock tract, same being in the irregular north line of that certain tract of land
described in a deed to M.H. Freeman and wife, Vera Maurine Freeman, of record in Volume
343, Page 230, Deed Records of Williamson County, Texas;
SCRUGGS
3.637 Acres
Page 2
THENCE, with the irregular east and southeast line of this tract and of said Scruggs
following six courses:
same being the irregular north line of said Freeman tract, with the center of Brushy Creek, the
1.) S08°25'31"W 132.47 feet to an angle point;
2.) S27°36'57"W 110.11 feet to an angle point;
3.) S72°11'45"\V 138.52 feet to an angle point;
4.) S56°16'08"W 151.79 feet to an angle point;
5.) S70°31'09"W 51.04 feet to an angle point; and
6.) S81 °30'37"W 16.63 feet to an angle point at the southwest corner of this tract and
of
said Scruggs tract, same being the southeast corner of that certain tract of land
described as 73 acres in deeds to Arnold Telander, of record in Volume 849, Page 807,
and Volume 849, Page 813, Deed Records of Williamson County, Texas, and Volume
2129, Page 744, Official Records of Williamson County, Texas;
THENCE, with the west line of this tract and of said Scruggs
tract,
Telanter tract, in part near the remnants of a barbed wire fence, N00°47a 47-e E, at 410.85 feet
passing on line an 8' hackberry in said barbed wire fence at a fence intersection, same being
2.05 feet east of a 1/2 inch iron rod found, at 635.93 feet passing
2.66
feet ta 3/8 inch
iron rod found, at 769.60 feet passing 4.38 feet east of a 3/8 inch iron rod found, o in all a total
distance of 949.95 feet to a 1/2 inch iron rod set and N00°19'll'W, at 85.64 feet passing
5.95 feet east of a 3/8 inch iron rod found, at 672.32 feet pass a 1/2 inch iron rod set at the
southeast corner of that certain tract of land described as 1.935 acres in a deed to the City of
Round Rock, in Volume 1802, Page 539, Official Records of Williamson County, Texas, and
continuing with the east line of said 1.935 acres, at 764.21 feet pass a 1/2 inch iron rod set at
the northeast corner of said 1.935 acre tract, and continuing with the east line of said Telander
tract, in all a total distance of 949.65 feet to a 1/2 inch iron rod set at the northwest corner of
this tract and of said Scruggs tract, same being the northeast corner of said Telander tract
same also being the southwest corner of said Railroad tract; '
THENCE, with the north line of this tract and of said Scruggs tract, and the south line of said
Railroad, in part near a wire fence, N66°02'13"E 217.24 feet to a 1/2 inch iron rod set at the
beginning of a curve whose radius is 11050.37 feet, and continuing with said curve to the
right, an arc distance of 563.61 feet, the chord of which bears N67°26' 18"E 563.55 feet to the
POINT OF BEGINNING and containing 3.637 acres within these metes and bounds.
SURVEYED BY: McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6
Austin, Texas 78731 C, (512)451-8591
GIA
Judith J. McGray, Reg. fessional Land Surveyor No. 2093 3 ••
Note: This copy of this description is not valid unless an original signature through Date
an original seal appears on its face. There is a plat to accompany this description.
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:
(A) Two tracts of land consisting of 0.394 acres ("Tract 1 ") and 37.150 acres
("Tract 2"), respectively, rnore 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
:iereiln. for all purposes; and
(B) A tract of land consisting of 3.637 acres, 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 "B"
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 "C", Exhibit "D" and Exhibit
"E" are true and current copies of the Warranty Deeds 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
J
1J. Bea'P.E.
anager, WaterCo Division
OWNER:
City of Austin,
a municipal corporation
By:
314 J-(A.,sik.,
Name: 7n b 4r-g_,c, /
Title: A ss t s4 -f 4,I rnA,u,. le /�.,
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.
taz:.‘friee.,
Notary ublic, State of Texas
SUBSC:RTBED AND SWORN TO BEFORE ME, a notary public, by TOL y 4r e1/ ,
s-��'A�►i-� 4 y 1Yictl/ , of the City of Austin, a municipal corporation, on behalf of said corporation.
LAURA WILEY
Notwy Public, State of Texas
My CamNuktrl Lira
APRIL 19, 20O0
ri7f)a4.4...At(,fJ
Notary Public, State of Texas
Brushy CreekRegional Wastewater
Treatment Plant Parcel A,Tracts 1 & 2; Parcel B
Annexation and Original Zoning Timetable
( 0.394 ac (A-1) and 37.150 (A-2) and 3.637 ac (B)
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
1
Wastewater Treatment P
r1u1111u1.ww 'OM
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Date: September 4, 1998
Subject: City Council Meeting - September 10, 1998
Item: 9.B.4. Consider an ordinance setting the date, time, and place for a
public hearing concerning the annexation of two tracts of
land consisting of 0.394 acres (Parcel A Tract 1) and 37.150
acres (Parcel A Tract 2) out of the Joseph Marshall Survey,
Abstract No. 409, Williamson County, Texas and 3.637 acres
(Parcel B Tract 1) 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 and City of Austin. Agent: Joseph J. Beal, P.E.,
Manager, Water Co. Division, LCRA and Toby Futrell,
Assistant City Manager, City of Austin. Staff Resource
Person: Joe Vining, Planning Director.
Brushy Creek Regional Wastewater Treatment Plant