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A-07-03-08-11A3 - 3/8/2007 ORDINANCE NO. _ 0 7- 03-69-/M3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 38.0 ACRES OF LAND, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, 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 38 . 0 acre tract of land out of the Jacob M. Harrell Survey, Abstract No. 284, 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 0:\wdox\ORDINANC\070308A3.WPD/mc BE IT ORDAINED BY THE CITY 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. III. 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. 2 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. VI. 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. VII. That this Ordinance shall become effective after its passage. VIII. 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. IX. 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. X. 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 0 day of 2007 . 4 Alternative 2 . READ and APPROVED on first reading this the day of 2007 . READ, APPROVED and ADOPTED on second reading this the day of 2007 . NYL Mayo C' y of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Se etary 5 y , 4 ' Robinson 38 acre tract Page 1 of 2 DESCRIPTION OF APPROXIMATELY 38 ACRES OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY ABSTRACT NUMBER 284 IN WILLIAMSON COUNTY, TEXAS, SAID 38 ACRE TRACT BEING A REMNANT PORTION OF A CALLED 470.31 ACRE TRACT OF LAND IN DEED TO A.H. ROBINSON, JR., ET AL OF RECORD IN VOLUME 413, PAGE 626 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 38 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY BOUNDING PROPERTY LINES AS FOLLOWS: The easterly boundary of said 38 acre tract being the westerly right-of-way lines of Park Valley Drive and Wyoming Springs as dedicated by instrument recorded in Volume 1284, Page 900 of the Official Records of said County; The southerly boundary of said 38 acre tract being the northerly right-of-way line of Smyers Lane as dedicated by instrument recorded in Volume 337, Page 291 of the Deed Records of said County; The westerly boundary line of said 38 acre tract being the easterly boundary lines of the following five(5)tracts of land: 1. Deer Run, an unrecorded subdivision, 2. A called 18.56 acre tract of land in deed to the Kay Family Trust of record in Volume 2051, Page 639 of the Official Records of said County, 3. Brushy Creek Section 5, a subdivision according to the plat of record in Cabinet AA, Slides 78-79 of the Plat Records of said County, 4. The easterly terminus of the Liberty Walk right-of-way, as dedicated by Brushy Creek Section 2, a subdivision according to the plat of record in Cabinet C, Slides 324-331 of the Plat Records of said County, 5. Brushy Creek Section 4, a subdivision according to the plat of record in Cabinet AA, Slides 76-77 of the Plat Records of said County; EXHIBIT "A" Robinson 38 acre tract Page 2 of 2 The northerly boundary of said 38 acre tract being the southerly boundary line of Fern Bluff Section Three-A, a subdivision according to the plat of record in Cabinet J, Slides 70-72 of the Plat Records of said County. OF Parker J. 'Q •••N ••••••NN•NM•N• �M Registered Professional Land Surveyor No. 5556 PARKER GRA.•N•,•. BAKER-AICKLEN &ASSOCIATES INC. '9 5556 +r'•p� 405 Brushy Creek Road '9�;o.PEss�°�-� Cedar Park, Texas 78613 SU (512) 260-3700 Job No.: Filename: WAPROJECTS\L.ANCE HUGHES-SMYERS LANDMETES-BOUNDSIROBINSON 38 AC.DOC - � i L Annex Area Two L. L .. ; 1 Y \ tL A \ i �.. v 4 r \\ r ,_ � 1 I .,J AnnG;;fieP TWO Ndke itself cmRiMeb o its teo 690 azo BAKER-AICKLEN Feet &ASSOCIATES, INC. j , DATE: March 1, 2007 SUB3ECT: City Council Meeting - March 8, 2007 ITEM: 11.A.3. Consider an ordinance annexing 38.0 acres, located at the northwest corner of Smyers Lane and Wyoming Springs Boulevard. (Robinson Tract) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning & Community Development Director 3ustification This is a voluntary annexation request. The tract of land is comprised of an approximate 38 acre tract located at the northwest corner of Smyers Lane and Wyoming Springs Drive. City staff concurs with the annexation request because it allows the City to control the development of this area. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land is located within the City of Round Rock's extraterritorial jurisdiction in Williamson County. Public Comment: Public Notice is not required for voluntary annexation, in accordance with Section 43.028 of the Texas Local Government Code. 111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIII1111111 ORD 2007022209 10 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, 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-07-03-08-11A3, which approves the annexation of 38.0 acres known as the Robinson Tract. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas at a meeting held on the 8th day of March 2007 and is recorded in the City Council Minutes Book No. 55. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of March 2007. ♦ r,.r Era y� j� ,r� � �a ' CHRISTINE R. MARTINEZ, City Secreta r ' a ORDINANCE NO. - 07- 03-09-1143 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 38.0 ACRES OF LAND, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, 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 38 . 0 acre tract of land out of the Jacob M. Harrell Survey, Abstract No. 284 , 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 0:\wdo \ORDINANC\070308A3.WPD/rmc BE IT ORDAINED BY THE CITY 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. III. 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. 2 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. VI. 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. VII. That this Ordinance shall become effective after its passage. VIII. 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 . IX. 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. X. 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 day of 2007 . 4 Alternative 2 . READ and APPROVED on first reading this the day of 2007 . READ, APPROVED and ADOPTED on second reading this the day of 2007 . NYL Mayo Cfty of Round Rock, Texas ATTEST: mu�f��Ie- I - U"t' CHRISTINE R. MARTINEZ, City Se etary 5 ' t Robinson 38 acre tract Page 1 of 2 DESCRIPTION OF APPROXIMATELY 38 ACRES OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY ABSTRACT NUMBER 284 IN WILLIAMSON COUNTY, TEXAS, SAID 38 ACRE TRACT BEING A REMNANT PORTION OF A CALLED 470.31 ACRE TRACT OF LAND IN DEED TO A.H. ROBINSON, JR., ET AL OF RECORD IN VOLUME 413, PAGE 626 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 38 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY BOUNDING PROPERTY LINES AS FOLLOWS: The easterly boundary of said 38 acre tract being the westerly right-of-way lines of Park Valley Drive and Wyoming Springs as dedicated by instrument recorded in Volume 1284, Page 900 of the Official Records of said County; The southerly boundary of said 38 acre tract being the northerly right-of-way line of Smyers Lane as dedicated by instrument recorded in Volume 337, Page 291 of the Deed Records of said County; The westerly boundary line of said 38 acre tract being the easterly boundary lines of the following five (5) tracts of land: 1. Deer Run, an unrecorded subdivision, 2. A called 18.56 acre tract of land in deed to the Kay Family Trust of record in Volume 2051, Page 639 of the Official Records of said County, 3. Brushy Creek Section 5, a subdivision according to the plat of record in Cabinet AA, Slides 78-79 of the Plat Records of said County, 4. The easterly terminus of the Liberty Walk right-of-way, as dedicated by Brushy Creek Section 2, a subdivision according to the plat of record in Cabinet C, Slides 324-331 of the Plat Records of said County, 5. Brushy Creek Section 4, a subdivision according to the plat of record in Cabinet AA, Slides 76-77 of the Plat Records of said County; EXHIBIT "A" Robinson 38 acre tract Page 2 of 2 The northerly boundary of said 38 acre tract being the southerly boundary line of Fern Bluff Section Three-A, a subdivision according to the plat of record in Cabinet J, Slides 70-72 of the Plat Records of said County. OFS T d F ....... 6 *.boy, a, 2 O 006 �P k , q4P a Parker J. Grah .••.......•N PARKERGRAHAM Registered Professional Land Surveyor No. 5556 .._. BAKER-AICKLEN &ASSOCIATES INC. :9 5556 +le O 405 Brushy Creek Road 4�0. SUC�`l�� Cedar Park,Texas 78613 (512) 260-3700 Job No.: Filename: WAPROJECTSILANCE HUGHES-SMYERS LANEWETES-BOUNDSIROBINSON 38 AC.DOC HE'VECORDERS MEMORANDUM All OF Iwo of the text on this page was not @lemly le#iWe for satisfactory recordation. (,�/ % ~- \ \ lei/�\•�.\`i ii . �.•'["�� / � / � , ' \ \i� \ `...•"' -\ � �•' '�•.�- L Annex Area -� ea Two 4 1qs ` - f At 2 `til p .• uk Riaz j. 4 ....-� 1 ego 920BAKER-AICKLEN .-.1—..._., \'' \�✓'' \. h 1\\ \ 80R�21 F� &A5SOCIA7ES, INC. Ordinance No. A-07-03-08-11A3 Annexing 38.0 acres out of the Jacob M. Harrell Survey, Abstract No. 284, in Williamson County, located at the northwest corner of 5myers Lane and Wyoming Springs Boulevard. (Robinson Tract) AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007022209 03/19/2007 03:36 PM PHOLTZ $52.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS