Loading...
O-79-597 - 4/26/1979ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF ROUND ROCK, TEXAS TO INCLUDE CERTAIN PROPERTY OWNED BY HYLAND NORTH JOINT VENTURE, WHICH SAID PROPERTY LIES CONTI- GUOUS TO THE EXISTING EXTRATERRITORIAL JURISDICTION OF THE CITY OF ROUND ROCK, TEXAS. WHEREAS, Hyland North Joint Venture is the owner of certain property in Williamson County, Texas, which said property is de- scribed in Exhibit "A", attached hereto and incorporated herein for all purposes, and WHEREAS, the said property is contiguous to the extraterri- torial jurisdiction of the City of Round Rock, Texas, and WHEREAS, pursuant to Art. 970a. V.A.C.S., Hyland North Joint Venture presented a petition to the City, requesting the City to extend and expand its extraterritorial jurisdiction to include the subject property, save and except that portion of said tract described in Exhibit "B" attached hereto and incorporated herein, and save and except that portion of said tract which lies within the extraterritorial jurisdiction of the City of Austin, and WHEREAS, the requested expansion will not conflict with the existing extraterritorial jurisdiction of another city, and WHEREAS, all requirements of the laws of the State of Texas and the Home Rule Charter of the City of Round Rock have been complied with, and WHEREAS, the Council desires to grant said petition and to extend and expand the extraterritorial jurisdiction as requested in said petition, now therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT; Section 1; The extraterritorial jurisdiction of the City of Round Rock is hereby extended and expanded so as to include therein all of the property described in Exhibit "A", which is attached hereto and incorporated herein for all purposes, save and except that portion of said tract described in Exhibit "B", and save and except that portion of said tract which presently lies within the existing extraterritorial jurisdiction of the City of Austin, Texas. Section 2; The above described property shall be entitled to all of the rights and privileges and be bound by the acts, ordinances, resolutions, and regulations that otherwise affect the extraterritorial jurisdiction of cities in the State of Texas. (Mark through the following alternative that is not applicable) 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 o f Opa T 1979. Al.tern:ative' 2. `'bRRAD„and APPROVED on First reading this the 1§7J READ, APPROVED day OPTED on secon this the day-uf 1979. ATTEST. RAY ONN,1Mayor City of Round Rock, Texas BEING 474.91 acres of land in Williamson County, Texas, approxi- mately 7.78 acres in the William Kincaid Survey, Abstract No. 374, and approximately 476.13 acres in the Ephraim Evans Survey, Abstract No. 212, and being out of and a part of a 1437.45 acre tract of land described in a deed from James Garland Walsh, et ux, to Tom E. Nel- son, Jr., Trustee No. 1, deed dated June 25, 1973, and recorded in Vol. 571, Page 446, Deed Records, Williamson County, Texas. BEGINNING at an iron stake found by a fence corner post in the East boundary line of the above referred to 1437.45 acre tract; said point also being the most northerly Northwest corner of the Leon E. Behrens property recorded in Vol. 443, Page 563 of the Deed Records of Williamson County, Texas; THENCE S 21°O1' E, 2195.40 feet to an iron stake set by a fence corner post for a corner hereof in the East boundary line of the said'1437.45 acre tract; THENCE S 65°41' W, 598.64 feet to an iron stake set by a fence corner post and S 69°22' W, 1291.65 feet to an iron stake set by a fence corner post for an ell corner hereof, said point being the most westerly Northwest corner of the said Leon E. Behrens property; THENCE continuing with the fence along the East boundary line of the 1437.45 acre tract, S 20°34' E, 2563.74 feet, S 20°58' E, 653.26 feet to a 12 inch Liveoak and a 9 inch Elm tree and S 5°59' E, 16.09 feet to an iron stake set by a fence corner post; said point being on the North margin of County Road No. 175; THENCE S 87°7' W, 101.02 feet along the South boundary line hereof and along the North margin of County Road No. 175, to an iron stake set for a corner hereof; THENCE N 20°39' W, 3201.75 feet with a line approximately 100 feet West of the said original East boundary line of the 1437.45 acre tract to an iron stake set for a corner hereof; THENCE S 69°22' W, 2910,61 feet to an iron stake set for a corner hereof, said point being N 69°22' E, 100 feet from an iron stake set by a fence post on the West boundary line of the said 1437.45 acre tract; THENCE S 19°46' E, 1295.14 feet to an iron stake set for a corner hereof, said point being on the North margin of said County Road No. 175; THENCE N 55°04' W, 173.22 feet with the fence along the North margin of County Road No. 175 to an iron stake set at the South- west corner of the said 1437.45 acre tract; THENCE with the fence along the West boundary line hereof as follows: N 19°43' W, 994.70 feet; N 20°01' W, 157.56 feet to an iron stake set by a fence post; N 19°37' W, 256.36 feet to an iron stake set by a fence post; N 54°45' W, 52.07 feet to an iron stake set by a fence post; N 20°12 W, 517.71 feet; N 20°03' W, 825.47 feet to a fence corner post marking the Southeast corner of the Dick Mayfield property; THENCE continuing along the West boundary line hereof and the East boundary line the said Dick Mayfield tract as follows: N 19°33' W, 556.20 feet, a 12 inch dead Liveoak stump bears 1 foot East of this point; EXHIBIT "A", Page 1 N 20°11' W, 814.36,feet; N 20°04' W, 800.00 feet; and N 20°00' W, 223.65 feet to an iron stake set for the North- west corner hereof; THENCE N 70°14' E, 5131.05 feet to an iron stake set in the West boundary line of the said 1437.45 acre tract for the Northeast corner hereof; THENCE S 21°0522" E, 1721.21 feet along the East boundary line hereof to a fence corner post; THENCE S 68°06' W, 173.92 feet to the PLACE OF BEGINNING. EXHIBIT "A", Page 2 All of that parcel or tract of land being 97.699 acres of land out of a 474.91 acre tra'ct of land in the William Kincaid Survey, Abstract No. 374 and Ephraim Evans Survey, Abstract No. 212, said 474.91 acre tract being out of a part of a 1437.45 acre tract of land described in a deed from James Garland Walsh, et ux, to Tom E. Nelson, Jr. Trustee No. 1, as recorded in Vol. 571, Page 446 of the Deed of Records, Williamson County, Texas, said 97.699 acre tract being more particularly described by the following metes and bounds; BEGINNING at an iron pin located in the north right--of-way of County Road No. 175, said iron pin being the PLACE OF BEGINNING of said 97.699 acre tract. THENCE, N 55°04'00" W, along said north right-of-way, a distance of 173.22 feet to a point for corner. Said point being the south- west corner of said 1437.45 acre tract. THENCE, along the west boundary line of said 1437.45 acre tract, the following bearings and distances; N 19°43'00" W, a N 20°01'00" W, a N 19°37'00" W, a N 54°45'00" W, a N 20°12'00" W, a N 20°03'00" W, a said corner being the distance of 994.70 feet to a point. distance of 157.56 feet to a point. distance of 256.36 feet to a point. distance of 52.07 feet to a point. distance of 517.71 feet to a point. distance of 265.00 feet to a point. for corner, northwest corner of said 97.699 acre tract. THENCE, N 69°57'00" E, a distance of 210.00 feet to a point set at the P.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 23.56 feet to a point set at the P.T., said curve having the following elements: Central Angle=90°00'00", Radius=15.00 feet, Chord Bearing= S 65°03'00" E, Chord Distance=21.00 feet. THENCE, N 69°5.7'00" E, a distance of 270.00 feet to a point set at the P.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 23.56 feet to a point set at the P.T. said curve having the following elements: Central Angle=90°00'00", Radius=15.00 feet, Chord Bearing=N 24°57' 00" E, Chord Distance=21.21 feet. THENCE, N 20°03'00" W, THENCE, N 69°5.7'00" E, THENCE, N 43°05'39" E, THENCE, N 20°03'00" E, the P.C. of a curve to a distance of 10.00 feet to a distance of 50.00 feet to a distance of 56,04 feet to a point. a point. a point. a distance of 13.50 feet to a point set at the left. THENCE, along said curve to the left, a arc distance of 49.19 feet, said curve having the following elements: Central Angle=112°42'37" Radius=25.00 feet, Chord Bearing=76°24'19" E, Chord Distance=41.63 feet, to a point set at the P.C.C. of a curve the left. THENCE, along said curve to the left, an arc distance of 69.02 feet to a point set at the P,T. of said curve having the following elements: Central Angle=22°17'31", Radius=177.41 feet, Chord Bearing= N 36°05'45" E, Chord Distance=6$.59 feet. THENCE, N 24°5.7'00" E, a distance of 36.57 feet to a point set at the P.C.of a curve to the right. EXHIBIT "B", Page 1 THENCE, along said curve' to the right an arc distance of 206.71 feet to a point set at the P,T., said curve having the following elements: Central Angle=2.2°25'00", Radius=528.33 feet, Chord Bearing=N 36°09'30" E, Chord Distance=205.40 feet. THENCE, N 47°22'00" E, a distance of 833.30 feet, to a point set at the P.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 177.34 feet, said curve having the following elements; Central Angle=33° 52'08", Radius=300.00 feet, Chord Bearing=N 30°25'57" E, Chord Distance=174.77 feet, to a point set at the P.C.C, of a curve to the left. THENCE, along said curve to the left anarc distance of 24.12 feet to a point set at the P.T,., said curve having the following elements: Central Angle=92°06'32", Radius=15,00 feet, Chord Bearing=N 32°34'44" W, Chord Distance=21.60 feet. THENCE, THENCE, THENCE, THENCE, THENCE, THENCE, THENCE, N 78°38'00" W, N 43°05'39" E, S 78°38'00" E, N 11°22'00" E, S 78°3.8'00" N 11°22'00" N 78°38'00" a distance a distance a distance a distance E, a distance E, a distance W, a distance of 7.72 feet to a point. of 58.79 feet to a point. of 275.00 feet to a point. of 150.00 feet to a point. of 90.00 feet to a point. of 150.00 feet to a point. of 65.00 feet to a point. THENCE, N 11°22'00" E, a distanceof 200.00 feet to a point, the northeast corner of said 97.699 acre tract of land. THENCE, S 78°3.8'00" E, a distance of 80.00 feet to a poin THENCE, S 75°49'47" E, a distance of 91.80 feet to a point. THENCE, S 67°47'16" E, a distance of 171.39 feet to a point. THENCE, S 57°18'36" E, a distance of 171.40 feet to a point. THENCE, S 46°49'53" E, a distance of 171.40 feet to a point. THENCE, S 36°21'09" E, a distance of 171.40 feet to a point. THENCE, S 25°5.2'24" E, a distance of 171.43 feet to a point. THENCE, S 20°.38'00" E, a distance of 1,150.00 feet to a point for corner, said point being the southeast corner of said 97.699 acre tract of land. THENCE, S 69°22'00" W, a distance of 2,760,61 feet to corner a point for THENCE, S 19°46'00" E, a'distance.of 1,295.14 feet to the place of beginning containing an area of 97.699 acres of land more or less. EXHIBIT "B", Page 2 PETITION FOR INCLUSION WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ROUND ROCK, TEXAS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § WHEREAS, Hyland North Joint Venture, a partnership, is the owner of certain property described in Exhibit "A" attached hereto and incor- porated herein for all purposes, and WHEREAS, said property is contiguous to the otherwise existing extraterritorial jurisdiction of the City of Round Rock, Texas, and WHEREAS, Hyland North. Joint Venture desires to have its property included within the extraterritorial jurisdiction of the City of Round Rock, THEREFORE, PREMISES CONSIDERED, Hyland North Joint Venture hereby respectfully requests the City of Round Rock, Texas, pursuant to the terms of Art. 970a., Vernons Annotated Civil Statutes, to cause the territory described in Exhibit "A", save and except that portion of said tract described in Exhibit "B", which is attached hereto and incorporated herein for all purposes, and save and except that portion of said tract which presently lies within the existing extraterritorial jurisdiction of the City of Austin, to be included within the extra- territorial jurisdiction of the City of Round Rock, Texas. Executed this the /1- day of April, 1979. HYLAND NORT, JOINT. VENTURE BY: R LARK, Par ner and Ge -ral Manager Acknowledgement STATE OF TEXAS § COUNTY OF WILLIAMSON § Before me, the undersigned authority, on this day personally appeared Robert E. Clark, a partner and general manager of Hyland North Joint Venture, a partnership, known to me to be the person whose name is subscribed to the foregoing petition, and acknowledged to me that he executed the same as the act of Hyland North Joint Venture, for the purposes and consideration therein expressed and in the capacity therein stated, Given under ry hand and seal of office on this the // "�" day of April, A.D. 1979, Lt ) Notary 'u• a_C an. or Williamson 'ounty, Texas BEING 474.91 acres of land in Williamson County, Texas, approxi- mately 7.78 acres in the William Kincaid Survey, Abstract No. 374, and approximately 476.13 acres in the Ephraim Evans Survey, Abstract No. 212, and being out of and a part of a 1437.45 acre tract of land described in a deed from James Garland Walsh, et ux, to Tom E. Nel- son, Jr., Trustee No. 1, deed dated June 25, 1973, and recorded in Vol. 571, Page 446, Deed Records, Williamson County, Texas. BEGINNING at an iron stake found by a fence corner post in the East boundary line of the above referred to 1437.45 acre tract; said point also being the most northerly Northwest corner of the Leon E. Behrens property recorded in Vol. 443, Page 563 of the Deed Records of Williamson County, Texas; THENCE S 21°O1' E, 2195.40 feet to an iron stake set by a fence corner post for a corner hereof in the East boundary line of the said'1437.45 acre tract; THENCE S 65°41' W, 598.64 feet to an iron stake set by a fence corner post and S 69°22' W, 1291.65 feet to an iron stake set by a fence corner post for an ell corner hereof, said point being the most westerly Northwest corner of the said Leon E. Behrens property; THENCE continuing with the fence along the East boundary line of the 1437.45 acre tract, S 20°34' E, 2563.74 feet, S 20°5.8' E, 653.26 feet to a 12 inch Liveoak and a 9 inch Elm tree and S 5°59' E, 16.09 feet to an iron stake set by a fence corner post; said point being on the North margin of County Road No. 175; THENCE S 87°7' W, 101.02 feet along the South boundary line hereof and along the North margin of County Road No. 175, to an iron stake set for a corner hereof; THENCE N 20°3.9' W, 3201.75 feet with a line approximately 100 feet West of the said original East boundary line of the 1437..45 acre tract to an iron stake set for a corner hereof; THENCE S 69°2.2' W, 2910.61 feet to an iron stake set for a corner hereof, said point being N 69°22' E, 100 feet from an iron stake set by a fence post on the West boundary line of the said 1437.45 acre tract; THENCE S 19°46' E, 1295.14 feet to an iron stake set for a corner hereof, said point being on the North margin of said County Road No, 175; THENCE N 55°04' W, 173.22 feet with the fence along the North margin of County Road No. 175 to an iron stake set at the South- west corner of the said 1437.45 acre tract; THENCE with the fence along the West boundary line hereof as follows: N 19°43' W, 994.70 feet N 20°01' W, 157.56 feet N 19°3.7' W, 256.36 feet N 54°45' W, 52.07 feet N 20°12' W, 517.71 feet N 20°03' W, 825.47 feet Southeast corner of the to an iron stake set by a fence post; to an iron stake set by a fence post; to an iron stake set by a fence post; to a fence corner post marking the Dick Mayfield property; THENCE continuing along the West boundary line hereof and the East boundary line the said Dick Mayfield tract as follows: N 19°33' W, 556.20 feet, a 12 inch dead Liveoak stump bears 1 foot East of this point; EXHIBIT "A", Page 1 N 20°11' W, 814.36 feet; N 20°04 W, 800.00 feet; and N 20°00' W, 223.65 feet to an iron stake set for the North- west corner hereof; THENCE N 70°14' E, 5131.05 feet to an iron stake set in the West boundary line of the said 1437.45 acre tract for the Northeast corner hereof; THENCE S 21°05'22" E, 1721.21 feet along the East boundary line hereof to a fence corner post; THENCE S 68°06' W, 173.92 feet to the PLACE OF BEGINNING. EXHIBIT "A"-, Page 2 All of that parcel or tract of land being 97.699 acres of land out of a 474.91 acre tract of land in the William Kincaid Survey, Abstract No. 374 and Ephraim Evans Survey, Abstract No. 212, said 474.91 acre tract being out of a part of a 1437.45 acre tract of land described in a deed from James Garland Walsh, et ux, to Tom. E. Nelson, Jr. Trustee No. 1, as recorded in Vol. 571, Page 446 of the :Deed of Records, Williamson County, Texas, said 97.699 acre tract being more particularly described by the following metes and bounds; BEGINNING at an iron pin located inthe north right-of-way of County Road No. 175, said iron pin being the PLACE OF BEGINNING of said 97.699 acre tract. THENCE, N 55°04'00" W, along said north right-of-way, a distance of 173.22 feet to a point for corner. Said point being the south- west corner of said 1437.45 acre tract. THENCE, -along the west boundary line of said 1437.45 acre tract, the following bearings and distances; N 19°43'00" W, a N 20°01'00" W, a N 19°3.7'00" W, a N 54°45'00" W, a N 20°12'00" W, a N 20°03'00" W, a said corner being the distance of 994.70 feet to a point. distance of 157.56 feet to a point. distance of 256.36 feet to a point. distance of 52.07 feet to a point. distance of 517.71 feet to a point. distance of 265.00 feet to a point. for corner, northwest corner of said 97.699 acre tract. THENCE, N 69°5.7'00" E, a distance of 210.00 feet to a point set at the P.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 23.56 feet to a point set at the P.T., said curve having the following elemnts: Central Angle=90°00'00", Radius=15.00 feet, Chord Bearing= S 65°03'00"E, Chord Distance=21.00 feet. THENCE, N 69°5.7'00" E, a distance of 270.00 feet to a point set at the P.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 23.56 feet to a point set at the P.T. said curve having the following elements: Central Angle=90°00'00", Radius=15,00 feet, Chord Bearing=N 24°57' 00" E, Chord Distance=21.21 feet. THENCE, N 20°03'00" THENCE, N 69°5.7'00" THENCE, N 43°0.5'39" THENCE, N 20°03'00" the P.C. of; a curve W, a distance E, a distance E, a distance E, to a distance the left. of 10.00 feet to a of 50,00 feet to a of 56,04 feet to a of 13.50 feet to a point. point. point. point set at THENCE, along said curve to the left, a arc distance of 49.19 feet, said curve having the following elements: Central Angle=112°42'37", Radius=25.00 feet, Chord Bearing=76°24'19" E, Chord Distance=41.63 feet, to a point set at the P.C.C. of a curve the left. THENCE, along said curve to the left, an arc distance of 69.02 feet to a point set at the P,T. of said curve having the following elemnts: Central Angle=22°17'31", Radius=177.41 feet, Chord Bearing= N 36°05'45"E, Chord Distance=68,59 feet. THENCE, N 24°5.7'00" E, a distance of 36.57 feet to a point set at the P.C. of a curve to the right. EXHIBIT "B", Page 1 THENCE, along said curve' to the right an arc distance of 206.71 feet to a point set at the P,T., said curve having the following elements: Central Angle=22°25'00", Radius=528,33 feet, Chord Bearing=N 36°09'30" E, Chord Distance=205.40 feet. THENCE, N 47°22'00" E, a distance of 833.30 feet, to a point set at the P.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 177.34 feet, said curve having the following elements: Central Angle=33° 52'08", Radius=300.00 feet, Chord Bearing=:N 30°25'57" E, Chord Distance=174.77 feet, to a point set at the P.C.C. of a curve to the left. THENCE, along said curve to the left an arc distance of 24.12 feet to a point set at the P.T., said curve having the following elements: Central Angle=92°06'32", Radius=15.00 feet, Chord Bearing=N 32°34'44" W, Chord Distance=21.60 feet. THENCE, THENCE, THENCE, THENCE, THENCE, THENCE, THENCE, N 78°38'00" W, N 43°05'39" E, S 78°38'00" E, N 11°22'00" E, S 78°38'00" E, N 11°22'00" E, N 78°3.8'00" W, a distance of 7.72 feet to a point. a distance of 58.79 feet to a point. of 275.00 feet to a point. of 150.00 feet to a point. of 90.00 feet to a point. of 150.00 feet to a point. of 65.00 feet to a point. a distance a distance a distance a distance a distance THENCE, N 11°22'00" E, a distance of 200.00 feet to a point, the northeast corner of said 97.699 acre tract of land. THENCE, THENCE, THENCE, THENCE, THENCE, THENCE, THENCE, S 78°38'00" E, S 75°49'47" E, S 67°47'16" E, S 57°18'36" E, S 46°49'53" E, S 36°21'09" E, S 25°52'24" E, a distance a distance a distance a distance a distance a distance a distance of 80.00 feet to a point. of 91.80 feet to a point. of 171.39 feet of 171.40 feet of 171.40 feet of 171.40 feet of 171.43 feet to a to a to a to a to a THENCE, S 20°38'00" E, a distance of 1,150.00 feet to corner, said point being the southeast corner of said tract of land. point. point. point. point. point. a point for 97.699 acre THENCE, S 69°22'00" W, a distance of 2,760.61 feet to a point for corner. THENCE, S 19°46'00" E, a,distance of 1,295.14 feet to the place of beginning containing an area of 97.699 acres of land more or less. EXHIBIT "B", Page 2