A-07-03-08-11A5 - 3/8/2007 ORDINANCE NO. P- D 1 -03 _08-1I�5_
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
48.72 ACRES OF LAND, OUT OF THE JACOB M. HARRELL
SURVEY, 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 48 . 72 acre tract of land out of the Jacob M.
Harrell Survey, 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\070308AS.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 ZJ 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 .
EL, Mayor
Ci of Round Rock, Texas
ATTEST:
j
P
CHRISTINE R. MARTINEZ, City Se retary
5
ANNEXATION EXHIBIT "A "
Tract 1: A called 22.82-acre tract of land described as Tract I in that "Warranty
Deed" from Mildred P. Smyers, as Managing General Partner of 30 STONEY
ACRES COMPANY, a Texas Limited Partnership to Mildred P. Smyers, a
married woman, as sole and separate property and recorded in Volume 1781,
Page 281 of the Official Records of Williamson County, Texas.
Tract 2: A called 1.36-acre tract of land described as Tract 1 in that "General
Warranty Deed With Vendor's Lien in Favor of Third Party"from Hagar E.
Thomas, Jr. and Wilma J. Thomas, Husband and Wife,to Mildred P. Smyers.
an unmarried person, and recorded as Document Number 199959574 of the
Official Records of Williamson County, Texas and a called 30 foot wide access
easement described as Tract 2 in said Document Number 199959574 of the
Official Records of Williamson County, Texas.
Tract 3: A called 5.98-acre tract of land as described in that "Warranty Deed"
from Glenn A. Welsch and wife, Irma R. Welsch,to the Linden Richards
Welsch 1988 Trust and recorded as Document Number 2005072971 of the
Official Records of Williamson County, Texas.
Tract 4: A called 18.56-acre tract of land as described in that "Special
Warranty Deed"from Herbert M. Kay, and wife, Patsy R. Kay, to Herbert M.
Kay and Patsy R. Kay as co-trustees of the Kay Family Trust and recorded as
Volume 2051, Page 639 of the Official Records of Williamson County, Texas.
DATE: 10/20/2006 EXHIBIT "A"
JOB No.: 1058-2-003-22
File: 1058-2-003—Annexotion.dwg BAKER-AICKLEN .,.. �r....K.
BY: TJR
ingineurn/surveyere 15121244942C
K%EPDWG11058-2-003_SmyerstExhibitlAnnexation11058-2-003_Annexalion.dwg,ANNEX(2).10/2412006 11:04:16 AM,tdchardson
ANNEXATION EXHIBIT "A "
N 11.3101'E 547.56'
"7o•.>.rro-E e N it
0 150 300
SCALE: 1"=300'
W �
s
to ~ KAY FAMILY TRUST
1856 ACRES
$ VOL.2051.PG 639
Z $
g O
MILDRED P.SMYERS FN7,0'2' 175.7!'
30'E R
22.82 ACRES 9'
VOL.1781.PG.281
I TRACT II
'
f to
MILDREDP SMYERS
1.3SACRES y
DOCUMENTNO.
S 71.42'00'W 275.61' 199959574
44�27670'
E z '�
Z
YY
571119'311'E
N7t•te'00'E 21..58' 1�� ��
30'WIDE ROAD EAS WENT I`1 sry
z DOCUMENTNT NO,NO.19S Im£
LINDEN 19URICHARDS �
Y I WELSCN 1999 TRUST !-
£ I 5.98ACRES
$ I DOCUMENT NO. /
2005072971
S25.36'00'W
90.19'
j1g 15
55j20 W
I y
C I 5ti
l I
I /
I
c /
NUMBER DELTA CHORD BEARING RADIUS ARC CHORD 48.72 TOTAL ACRES
C1 114'3241' N 3t•57'00•W 20.00' 39 98' 33 85' PARCEL# ACREAGE
C2 54'4344• N 61.52'00'W 317.21' 313.00' 291.61' 1 22.82
2 1.38
3 5.98
4 8.58
DATE: 10/20/2006 EXHIBIT "A "
J08 No.: 1058-2-003-22
File: 1058-2-003_Annexotion.dwg �� 6 ASSOCIATES,INC.
BAKER-AICKLEN
BY: TJR eW+.■«..*1...79...
Enpinser•/Burvsyor• IS 191144.9490
DATE: March 1, 2007
SUBJECT: City Council Meeting - March 8, 2007
ITEM: 11.A.5. Consider an ordinance annexing 48.72 acres, located along the
northwest side of Smyers Lane and west of Wyoming Springs
Boulevard. (Pacific Oaks Tract) (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning & Community Development Director
Justification:
This is a voluntary annexation request. The tract of land is comprised of an approximate
48.72 acre tract located at the northwest side of Smyers Lane, west of 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.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2007022208
9 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-07-03-08-11A5, which approves the annexation of
48.72 acres known as the Pacific Oaks 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.
CHRISTINE R. MARTINEZ, City Secreta
}Y
+" iia,: •,.
Y i,
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
48.72 ACRES OF LAND, OUT OF THE JACOB M. HARRELL
SURVEY, 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 48 . 72 acre tract of land out of the Jacob M.
Harrell Survey, 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\070308AS.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 U 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 .
E L, Mayor
Ci of Round Rock, Texas
ATTEST:
. n
CHRISTINE R. MARTINEZ, City Se retary
5
ANNEXATION EXHIBIT "A "
Tract 1: A called 22.82-acre tract of land described as Tract I in that"Warranty
Deed" from Mildred P. Smyers, as Managing General Partner of 30 STONEY
ACRES COMPANY, a Texas Limited Partnership to Mildred P. Smyers, a
married woman, as sole and separate property and recorded in Volume 1781,
Page 281 of the Official Records of Williamson County, Texas.
Tract 2: A called 1.36-acre tract of land described as Tract 1 in that"General
Warranty Deed With Vendor's Lien in Favor of Third Party"from Hagar E.
Thomas,Jr. and Wilma J. Thomas, Husband and Wife, to Mildred P. Smyers,
an unmarried person, and recorded as Document Number 199959574 of the
Official Records of Williamson County,Texas and a called 30 foot wide access
easement described as Tract 2 in said Document Number 199959574 of the
Official Records of Williamson County, Texas.
Tract 3: A called 5.98-acre tract of land as described in that "Warranty Deed"
from Glenn A.Welsch and wife, Irma R. Welsch, to the Linden Richards
Welsch 1988 Trust and recorded as Document Number 2005072971 of the
Official Records of Williamson County, Texas.
Tract 4: A called 18.56-acre tract of land as described in that "Special
Warranty Deed"from Herbert M. Kay, and wife, Patsy R. Kay, to Herbert M.
Kay and Patsy R. Kay as co-trustees of the Kay Family Trust and recorded as
Volume 2051, Page 639 of the Official Records of Williamson County, Texas.
DATE: 10/20/2006 EXHIBIT „A„
JOB No.: 1058-2-003-22 BAKER-AICKLEN .�,.-.,.• •K
File: 1058-2-003—Annexotion.dwg a"NOCIA"N.INC. BYur]iLS{,Itu•16L•
BY: TJR Uk lnoinsere/6urviyovi
K:%EPDWGt1058-2.003_Smyers%ExhibilWnneration%1058-2-003_Anneaation.dwg,ANNEX(2).1012412006 11:04:16AM,trichardson
ANNEXATION EXHIBIT "A"
N 7078'00'E 51T 56N 70.31110'E 6,6 31
0 150 300
SCALE:1"=300'
yy
V' ~ RAY FAMILY TRUST
1s 56 ACRES
6$6 VOL.2051.PG.639
z 4
O �
f �
s 1071'30•w psla'
MILDREO P.SMYERS N 70'21'30'E
22 62 ACRE 5 175.26'
VOL 1761.PG.281
ITRAC7II n z S
A
IT
w G Sr ;cw
MILDRED P SMYERS Y�1 y Vi
36A
RES
DOCU E
DOCUMENN
T NO. 4^I �, k
199859571 "'h O
5 71 V 2.OD'W 276 61'
N 71.44'20'E ,z„ wz4. O
z 27fi 70 N ? O
Us
571'19'30'E
261.67 N z / Q�
N 71.16'00'E 2M 58' � 1- - 1rSQy
lu 4 ✓ 0
30'WIDE ROAN EASEMENT I$ O y
1
DOCUMENT NO.19985857/ Im f
9
I LINDENRICHARDS
$ I WEL 5CH 1TRUST
CR !.
CUME RES 5
I
DOCUMENTNO, �Q'
2005072971
S25'36'00'W I
90.19'
W 301 15
5 53�20�
I by
I 6
1 I
I /
I
c /
NUMBER DELTA I CHORD BEARING IRADIUS ARCCMORO 48.72 TOTAL ACRES
Ct 111'32'11' N31'S7'WW 20.0' 3898' 33.65' PARCEL# ACREAGE
C2 51'13'44' N 61'52'00'W 317.21' 303.00 291.61' 1 22.62
2 1.35
3 5.96
1 19.56
EXHIBIT "A"
DATE: 10/20/2006
JOB No.: 1058-2-003-22 BAKER-AICKLEN +Dt�•L�••�•K
File: 1058-2-003_Annexation.dwg I�� 6 ASSOCIATES,INC. 6w s6•c.,6.0 n661
BY: TJR �/�Engineer•/Surveyor• IS131311.6420
Ordinance No. A-07-03-08-11A5
Annexing 48.72 acres out of the Jacob M. Harrell Survey, Abstract No. 284, in Williamson
County, located along the northwest side of Smyers Lane and west of Wyoming Springs
Boulevard. (Pacific Oaks Tract)
AFTER RECORDING, PLEASE RETURN TO:
Dq CITY OF ROUND ROCK
CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2007022208
03/19/2007 03:36 PM
PHOLTZ $48.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS