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A-05-01-13-9C1 - 1/13/2005ORDINANCE NO. /! O5 -OJ -/3 - 9C I AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.498 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 1.498 acres out of the P.A. Holder Survey, Abstract No. 297, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore @PFDesktop\::ODMA/WORLDOX/O: /WDOX/ORDINANC/050113C3.WPD/sc BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 2 VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VII. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VIII. That this Ordinance shall become effective after its passage. IX. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. X. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any other of this sentence, Ordinance any reason whatsoever, the adjudication shall not affect section, sentence, phrase, word, paragraph or provision Ordinance or the application of any other section, phrase, word, paragraph or provision of any other of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, 3 and to this end the provisions of this Ordinance are declared to be severable. Al. 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. 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 /3 - day 11,E11. 0 of Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. 2005. 4 // _ MAX �'�L, -yor C of Round Rock, Texas ATTEST: 5 AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE 6103 (512) 454-6605 FIELD NOTES FOR 1.498 ACRES All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas and being all of a tract of land called 1.50 acres in a deed to Craig Brinegar et ux recorded as Document No. 2003104149 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found in the Southwest comer of the above mentioned 1.50 acre tract for the Southwest comer of this tract/ THENCE N 05°34'00" W 435.16 feet to a 3/8" iron pin found in the Northwest comer of the said 1.50 acre tract for the Northwest corner of this tract. THENCE N 84°08'32" E 149.72 feet to an iron pin found in the Northeast corner of the said 1.50 acre tract for the Northeast comer of this tract. THENCE S 05°34'49" E 80.15 feet to an iron pin found in an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 05°37'23" E 100.15 feet to an iron pin found in an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 05°34'00" E 90.03 feet to an iron pin found in an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 05°38'22" E 165.40 feet to an iron pin found in the Southeast comer of the said 1.50 acre tract for the Southeast comer of this tract. THENCE S 84°42'30" W 14.38 feet to an iron pin found for an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 84°19'20" W 135.67 feet to the POINT OF BEGINNING. containing 1.498 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during August of 2004 and are correct to the best of my knowledge and belief. These field notes are to be used only for the annexation of the property to the City of Round Rock. Any use by these or any other persons for any other purpose is expressly prohibited. L� CLAUDEF.HINKLE JR.A 4629 -: v D4'FESS'O?:A Q°`S U R`l G� Claude F. Hinkle, R.P.L.S. No. 4629 22 boy Date EXHIBIT D 0 n ,,A 1333.doc Sketch to accompany feOd notes for a .498 acro tract of land on the P.A. HoDdor Survey, A=297, W lO6amson Counn1 y Thx CITY LIMITS N 8408'32"E 149.7 LOT 1 BLOCK A 1.498 Ac. 0 co N POINT OF BEGINNING 84'19'20 W 135.67 ROUND ROCK EAST SEC 1 Course Bearing Distance T1 S 05'34'49" E 80.15' T2 S 05'37'23" E 100.15' T3 S 05'34'00" E 90.03' T4 S 84'42'30" W 14.38' © Austin Surveyors 2004 Cn (n File No.: Job No.: -p- 0 u SCALE 1" 1333zon 1333-285 Date: October, 2004 Scale: 1'= 100 Field notes prepared Designed By: skip Drown By: skip Checked By: Revised: \ j_\_AUSTIN SURVEYORS 2105 Justin Lane $lOS Austin, Texas 78757 Justin Lane #103 Austin, 78757 Date: Annexation Area: Provision of Service: EXHIBIT B PROVISION OF SERVICES PLAN January 13, 2005 1.498 acre tract (Brinegar Tract) 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provide immediately upon annexation. No additional staff required to serve existing development. Provide immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. Brinegar Subdivision - 1.498 acres Annexation DATE: January 6, 2005 SUBJECT: City Council Meeting - January 13, 2005 ITEM: 9.C.1. Consider an ordinance annexing 1.498 acres of land out of the P.A. Holder Survey. (Brinegar Subdivision) (1251 South A.W. Grimes Boulevard) (First Reading) Deuartment: Planning Staff Person: Jim Stendebach, Director Justification: The annexation will provide an increase in senior assistance housing development and an increase in ad valorem taxes. A copy of the service plan is attached. Funding: Cost: N/A Source of funds: N/A Outside Resources: Craig and wife, Carolyn Brinegar (owners) Background Information: This 1.498 -acre tract is located east of A.W. Grimes Blvd. and north of Gattis School Rd. The purpose of the annexation is to provide city services to the development. Public Comment: None require for annexation in accordance with the Section 43.028 of the Texas Local Government Code. 11 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 11 11 11 11 11 11 ORD 11 PGS 2005026818 11 I, SHERRI MONROE, Assistant City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -05-01- 13-9C1, which was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 13th day of January, 2005, as recorded in the City Council minutes, Book 51. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 6th day of April 2005. SHERRI MONROE, Assistant City Secretary ORDINANCE NO. /- DS -Dl -l3 -9G/ AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.498 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS,pursuant to Section'43.028, Local Government Code, the owners of a tract of land containing 1.498 acres out of the P.A. Holder Survey, Abstract No. 297, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050113C1.WPD/sc BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 2 VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VII. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VIII. That this Ordinance shall become effective after its passage. IX. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. X. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, 3 and to this end the provisions of this Ordinance are declared to be severable. XI. 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. 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 / 3 - day of , 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. 4 ATTEST: MAX r , " yor y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 5 AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE 0103 (512) 454-6605 FIELD NOTES FOR 1.498 ACRES All that certain tract or parcel of Iand situated in the P.A. Holder Survey, A-297, in Williamson County, Texas and being all of a tract of land called 1.50 acres in a deed to Craig Brinegar et ux recorded as Document No. 2003104149 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found in the Southwest comer of the above mentioned 1.50 acre tract for the Southwest corner of this tract/ THENCE N 05°34'00" W 435.16 feet to a 3/8" iron pin found in the Northwest comer of the said 1.50 acre tract for the Northwest comer of this tract. THENCE N 84°08'32" E 149.72 feet to an iron pin found in the Northeast corner of the said 1.50 acre tract for the Northeast comer of this tract. THENCE S 05°34'49" E 80.15 feet to an iron pin found in an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 05°37'23" E 100.15 feet to an iron pin found in an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 05°34'00" E 90.03 feet to an iron pin found in an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 05°38'22" E 165.40 feet to an iron pin found in the Southeast comer of the said 1.50 acre tract for the Southeast corner of this tract. THENCE S 84°42'30" W 14.38 feet to an iron pin found for an angle point of the said 1.50 acre tract for an angle point of this tract. THENCE S 84°19'20" W 135.67 feet to the POINT OF BEGINNING, containing 1.498 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my supervision during August of 2004 and are correct to the best of my knowledge and belief. These field notes are to be used only for the annexation of the property to the City of Round Rock. Any use by these or any other persons for any other purpose is expressly prohibited. Claude F. Hinkle, k R.P.L.S. No. 4629 Date EXHIBIT II A II 1333. doc Sketch to accompany fp& rotes for a 10498 acre tract of Oland lln the pogo HoDder Survey, A-297, lln W6DDoamson County, Teas CITY LIMITS LOT 1 BLOCK A 1.498 Ac. POINT OF BEGINNING 84'19'20 SEC 1 0132 SCALE 1" =100' Course Bearing Distance T1 S 05'34'49" E 80.15' T2 S 05'37'23" E 100.15' T3 S 05'34'00" E 90.03' T4 S 84'42'30" W 14.38' © Austin Surveyors 2004 1333zon No.: 1333-285 Dote: October, 2004 Scale: 1'= 100' Field notes prepared Designed By skip Drawn By: skip Checked By Revised: \ AUSTIN SURVEYORS 2105 Justin Lane /103 Austin, Texas 78757 2105 Justin 11103 78757 Date: Annexation Area: Provision of Service: EXHIBIT B PROVISION OF SERVICES PLAN January 13, 2005 1.498 acre tract (Brinegar Tract) 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provide immediately upon annexation. No additional staff required to serve existing development. Provide immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. •Brinegar Subdivision -1.498 acres Annexation FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005026818 04/12/2005 01:12 PM CARRILLO $34.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Pt c u b rte.() rcL r e -1114-n Oh irt.cjoi h aa1 C Z, etTYOFROUNDROCK Ii I t8TAK: iOi art EAT MAIN S F EET ROUNDS ROCK. TEXAS 78044