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G-94-04-28-8C - 4/28/1994Re: Gardens @ Brushy Creek (4.23ac.) ORDINANCE NO. ()--,--qq-01-/-Z-se.., AN ORDINANCE SETTING A DATE AND TIME FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AND SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF ROUND ROCK, TEXAS; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT I. On the 26th day of May, 1994, at 7:00 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 the property described in Exhibit "A" attached hereto and made a part of. On the 2nd day of June, 1994, at 6:00 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 described in Exhibit "A" attached hereto and made a part of. 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. 1 READ, PASSED, and ADOPTED on first reading this day of ,� VKJ ,1994. Re: Gardens @ Brushy Creek (4.23ac.) Alternative 2 READ and APPROVED on first reading this the day of ,1994. READ, APPROVED and ADOPTED on second reading this the day of ,1994. ATTEST: AtiZb ANNE LAND, City Secretary CHARLES CULP PP , Mayor City of Round Rock, Texas EXHIBIT "A" FIELD NOTES OF 4.23 ACRES or LAND, BEING A PORTION or THE DAVID CURRY 3/4 LEAGUE SURVEY, ABSTRACT /130, IN WILLIAHSON cowrrY, TEXAS, AND BEING A PORTION Or THAT 12.69 ACRE TRACT DESIGNATED AS TRACT NO. 31-8 AND SET APART TO LUCRETIA FULXES PETERSON IN A PARTITION DEED Or THE BESSIE FULXES ESTATE AS RECORDED IN VOLUME 559, PAGE 692, WILLIAMSON COUNTY DEED RECORDS, AS PREPARED FOR CARY RALPH PETERSON BY METCALFE ENGINEERING COMPANY, INC., 4800 SOUTH CONGRESS, AUSTIN, TEXAS. Beginning at an iron stake in the southwest line of the Round Rock -Liberty Hill -Leander Road at the most easterly corner of that 12.69 acre tract, a portion of the David Curry 3/4 League Survey, Abstract /130, designated as Tract No. 3-13 and set apart to Lucretia Fulkes Peterson in a partition deed of the Bessie Fulkes Estate as recorded in Volume 559, Page 692, Williamson County Deed Records, said beginning iron stake being also the most northerly corner of that 13.53 acre tract, a portion of the said David Curry 3/4 League Survey, designated as Tract No. 2-A and set apart to -Daisy Dell Fulkes Metcalfe in :laid partition deed of the Bessie Fulkes Estate, said 13.53 acre Tract No. 2-A being also described in a deed from Daisy Dell Fulkes Metcalfe to Marlton O. Metcalfe, Jr., Trusted for Timothy E. Metcalfe, Laverne Rose Metcalf, and Robert Charles Metcalfe, in Volume 597, Page 39, Williamson County Deed Records, said beginning iron stake being the most easterly corner of the herein described tract: Page 1 of (1) THLNCZ with the southeast line of the said Peterson Tract 2-8 of 12.61 acres, being also -the northwest line of the said Metcalfe 13.53 acre tract, 5 14 55' W 312.1 varas to a point in the center of the channel of Brushy Creek at the most southerly corner of said Peterson Tract 2-8 of 12.69 acres and the most westerly corner of the Metcalfe 13.53 acre tract, for the most southerly corner of this tract: THENCE with the center of the channel of Brushy Crook, same being the southwest line of the said Peterson Tract 3-8 of 12.69 acres, courses numbered 2-3 inclusive, as follows: (2) N 570 25' H 61.53 varas to a point: (3) N 610 56' 11 32.07 varas to a point for the most westerly corner of this tract and the most southerly corner of that 4.23 acre tract, a portion of said Peterson Tract No. 3-8 of 12.69 acres, this date describe for Barbara Lou Smothers Caldwell: (4) THENCE with the northwest line of this tract, sane being the southeast line of the said Caldwell 4.23 acre tract, t: 200 34' E 323.57 varas to a point in the southwest line of the Round Rock - Liberty Hill -Leander Road, being also the northeast lino of the said Peterson Tract No. 1-8 of 12.69 acres, for the most northerly corner•ot this tract and the most easterly corner of the Caldwell 4.23 acre tract: (5) THENCE with the southwest line of the Round Rock -Liberty Hill -Leander Road, being also the northeast line of the said Peterson Tract No. 2-8 of 12.69 acres, S 440 15' E 67.81 varas to the place of the beginning, containing 4.23 acres of land. Page of �, POoa •soe woS SUBJECT SITE it 1 \ tl \\ 11 \\ • \t K 1 1 N - \It 1 11 11 It � l 1 \ \1 1 ^•, \\ 1 1 h.� r •"" 1 ` 1\. 11 ,,\\ �1\ ,\ `' 't1 1 l ty • •1 \o. • � -\\ {1\/ >h� \ 1\\ .1 i .4 1 \ 1 � \ \ \\ 1 \ moi- \1 — �� \ '\ \ \1 im`` ``� ` `\` 1 `` `~__— ---- k1 -- t } -i.'' 1 - _ =� ---- -- 4 :f --• tet. — • . \ LOCATION SKETCH 1 1 1 1 1 1 1 1 1 Planning and Community Development ANNEXATION OR CITY LIMITS EXTENSION PE'ITTION EXAMPLE 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: • (See Exhibit "Al We hereby certify, under oath, that (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit7"a true and current copy of the Warranty Deed whereby we acquired said property, and A (2) the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. Owner(s) UBSCRIBED AND SWORN To BEFORE ME, a notary public, by i...-_ (1)M--,A.D. 65 this )' day of Gardens at Brushy Creek (Preliminary Plat, Annexation, Original Zoning Timetable) Date Action 4/28/94 Council adoption of Date, Time and Place Ordinance. 5/5/94 Annexation public hearing notice (advertising two Council hearings: 5/26/94 and 6/2/94) delivered to Round Rock Leader 5/5/94 Preliminary Plat reviewed by P&Z 5/6/94 Prepare provision of services plan (must be prepared prior to notice of 1st public hearing) 5/9/94 Notice advertising 1st public hearing published in Leader (17 days before first public hearing) 5/19/94 Notice advertising 2nd public hearing published in Leader (14 days before 2nd public hearing) 5/26/94 First annexation public hearing held --Regular call Council meeting. (Start count of 90 day window for completion) 5/31/94 Original zoning public hearing notice (advertising two zoning public hearings: 6/16/94 P&Z and 6/23/94 Council) delivered to Leader 6/2/94 Petition for Original Zoning public hearing notice published in Leader. 6/2/94 Second annexation public hearing held —Special call Council meeting. 6/16/94 a. Public hearing held by P&Z on original zoning; b. Commission formulations original zoning recommendation 6/23/94 a. Original zoning public hearing held by Council along with presentation of Commission recommendation. (22 days from newspaper notification) b. Annexation ordinance may be adopted by unanimous consent (but must be read once to validate public hearings). (45 days from 1st public hearing) c. (Following adoption of annexation ordinance) original zoning ordinances may be adopted by unanimous consent. 7/14/94 Contingency Date: April 21, 1994 Subject: City Council Meeting, April 28 1994 Item: 8.C. Consider an ordinance setting the date, time and place for a public hearing concerning the voluntary annexation of 4.23 acres of land. (Gardens at Brushy Creek) (First Reading). Staff Resource Person: Joe Vining Recommendation: Approval The owner has submitted an application for voluntary annexation of 4.23 acres of land to be developed as the proposed Gardens at Brushy Creek (PUD No. 14). This is the first step in the annexation process. The attached paperwork includes the timetable for the annexation and original zoning processes. The public hearings will be May 26, 1994 and June 2, 1994 with the first reading of the annexation ordinance on June 23, 1994.