G-07-07-26-9A3 - 7/26/2007 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
PROVIDING FOR THE DISANNEXATION OF CERTAIN
HEREINAFTER-DESCRIBED TERRITORY THAT IS CURRENTLY
WITHIN THE CORPORATE LIMITS OF THE CITY, TO-WIT 1.339
ACRES OF LAND; CONTRACTING THE BOUNDARY LIMITS OF
ROUND ROCK SO AS TO ELIMINATE SAID TERRITORY AS PART
OF THE CITY; PROVIDING FOR THE CONTINUING PRO RATA
DEBT LIABILITY OF THE TERRITORY AND SURVIVAL OF CITY'S
TAXATION AUTHORITY IN THE TERRITORY TO SATISFY ANY
REMAINING ASSOCIATED DEBT; FINDING THAT ALL
NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN
SATISFIED; PROVIDING FOR A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, Section 43 . 142 of the Texas Local Government Code
allows a home-rule municipality to disannex an area in compliance
with the rules set forth in the municipality' s charter and in
manner that is not inconsistent with the procedural rules
prescribed in Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City of Round Rock, a home-rule municipality,
is authorized by Article I, Section 1. 04 of its Municipal Charter
to disannex territory existing within the City limits which is
not suitable for City purposes according to the rules stated
therein; and
WHEREAS, the following described territory, to-wit: 1.339
acres of land out of the Robert McNutt Survey, Abstract 422, in
Williamson County, Texas (the "Property") , more fully described
in Exhibit "A, " which is incorporated herein by reference for all
purposes, is currently included within the city limits of the
City of Round Rock;
0:\wdox\ORDINANC\070726A3.NPD/pe/0114-0701
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS:
I.
That all of the above recitations are found to be true and
correct and are incorporated into the body of this ordinance.
IL
That all of the above-referenced procedures prescribed by
the Charter of the City of Round Rock, Texas, and the applicable
laws of the State of Texas, have been duly followed with respect
to the Property, more fully described in Exhibit "A" .
III.
That the Property described in Exhibit "A" be and is hereby
disannexed and eliminated as a part of the City of Round Rock,
Travis and Williamson Counties, Texas; and that the boundary
limits of the City be and are hereby contracted to exclude the
above-described territory from within the city limits of the City
of Round Rock, and the same shall hereafter be excluded from
within the territorial limits of the City of Round Rock.
IV.
That the Property described in Exhibit "A" be and is hereby
made liable for its pro rata share of any debts incurred while
the Property was a part of the City of Round Rock, and the City
of Round Rock may and is hereby authorized to continue to levy,
assess, and collect taxes on the Property to pay the indebtedness
incurred while the Property was a part of the City of Round Rock,
as though the Property had not been excluded from the boundaries
of the City.
2
V.
That the appropriate city official of the City of Round Rock
is hereby directed and authorized to perform or cause to be
performed all acts necessary to correct the official map of the
City to eliminate the territory hereby disannexed, as required by
law.
VI.
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, and to cause this
Ordinance to be entered upon the minutes and records of the City
of Round Rock.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
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 properties 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, and to this
3
end the provisions of this Ordinance are declared to be
severable.
IX.
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 thereof were
discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
READ and APPROVED on first reading on this the day
of , 2007 . ,
READ, PASSED, and ADOPTED on 1reading this the
day of +40 2007.
XounadRockr,
o
4cityoTexas
AT ST:
CHRISTINE R. MARTINEZ, City Secre ry
4
1.339 Acres
A PARCEL OF LAND IN WILLIAMSON COUNTY,TEXAS, BEING A PART OF THE
ROBERT MCNUTT SURVEY,ABSTRACT No. 422,AND BEING A PART OF THAT
161.11 ACRE TRACT OF LAND CONVEYED TO CHESTER MADSEN AND WIFE,
JOYCE MADSEN, BY DEED RECORDED IN VOLUME 434, PAGE 176 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,AND BEING MORE
-PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN at a 1" iron pipe found at the remains of a cedar fence post for the Northwest
comer of the said 161.11 Acre Tract,the Northwest Comer of the McNutt Survey and
for a corner in the Easterly Line of that 151.52 Acre Tract of land conveyed to Paloma
Lake Development by deed recorded in Document No. 2005076981 of the Official
Public Records of Travis County,Texas;
THENCE S.89°59'04"E., along the North Line of the said 161.11 Acre Tract, the North
Line of the McNutt Survey, and along a line common with the said 151.52 Acre Tract,
a distance of 342.27 feet to a point on a non-tangent curve to the left;
THENCE southwesterly along the arc of said curve and crossing the said 161.11 Acre
tract, a distance of 548.56 feet(said curve having a radius of 1050.00 feet,a central
angle of 29°56'01"and a chord bearing S.38°42'31"W., 542.35 feet)to the West Line
of the said 161.11 Acre Tract and to an East Line of the said 151.52 Acre Tract;
THENCE along the West Line of and the said 161.11 Acre Tract the same being an
East Line of the said 151.52 Acre Tract the following three courses:
1. N.00°30'11"E. a distance of 25.89 feet to a 1"iron pipe found;
2. N.0201 1'03"E. a distance of 120.77 feet to a nail set at a fence post;
3. N.01 038'39'W. a distance of 276.85 feet to the said Point of Beginning.
Containing 1.339 acres, more or less.
• a:
J. Kenneth W and .............q,.......�.....
Registered Professional Land Surveyor No. 5741 'J �••
5741 s;
State of TAXas
RJ Surveying, Inc. SUP�`I,•^ j
1212 East Braker Lane
Austin, Texas 78753
S:11AN D 1001-10501104611046-900-115.rtf
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\\ PALOMA LAKE DEVELOPMENT, INC
151.52 ACRES
DOC , 2005076961
POINT OF ` S8959'04'E /
BEGINNING _ r — -� 342.27' — — _• ._ _
1.339 ACRES
0
CHESTER MADSEN AND
JOYCE MADSEN
U REMAINDER OF 161.11 ACRES
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- IRON PIPE FOUND RJ SUR J t/NG, INC.
1212 E. BRAXER LAME AUSTIN, TEXAS 78753 (512) 836-4793
DATE: July 20, 2007
SUBJECT: City Council Meeting - July 26, 2007
ITEM: *9A3. Consider an ordinance to disannex 1.339 acres, more or less, out of
the Willis Donaho Jr. Survey, Abstract No. 173, situated in the City of
Round Rock. (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
This 1.339-acre tract was part of a 270-acre tract unilaterally annexed by the City in mid-
2006. No portion of this tract has yet been granted original zoning. At the present time,
this 1.339-acre tract has been separated from the remainder of the annexed parent tract
with the extension and construction of Red Bud Lane. Consequently, it lies between a curve
of the new Red Bud Lane and the boundary of Paloma Lake, a subdivision and a Municipal
Utility District (MUD). It is logical to incorporate this remnant piece into the MUD.
The proposed disannexation is concurrent with a request to annex the tract into the MUD,
which the City Council approved on July 12. Although disannexation will take the tract out
of the City limits, the City will maintain authority over land development as per the Paloma
Lake MUD Consent Agreement. Staff recommends adoption of the Ordinance.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: None required.
IIIIIIIIIIIIIIIIIIIillllllilllllllllllllllllllllll ORD 2007086547
8 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. G-07-07-26-9A3, which approves the disannexation of
1.339 acres. This ordinance was approved and adopted by the City Council of
the City of Round Rock, Texas at a meeting held on the 26th day of July 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 8th day of October 2007.
CHRISTINE R. MARTINEZ, City Secretary
ORDINANCE NO. - - , - �R3
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
PROVIDING FOR THE DISANNEXATION OF CERTAIN
HEREINAFTER-DESCRIBED TERRITORY THAT IS CURRENTLY
WITHIN THE CORPORATE LIMITS OF THE CITY, TO-WIT 1.339
ACRES OF LAND; CONTRACTING THE BOUNDARY LIMITS OF
ROUND ROCK SO AS TO ELIMINATE SAID TERRITORY AS PART
OF THE CITY; PROVIDING FOR THE CONTINUING PRO RATA
DEBT LIABILITY OF THE TERRITORY AND SURVIVAL OF CITY'S
TAXATION AUTHORITY IN THE TERRITORY TO SATISFY ANY
REMAINING ASSOCIATED DEBT; FINDING THAT ALL
NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN
SATISFIED; PROVIDING FOR A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, Section 43 . 142 of the Texas Local Government Code
allows a home-rule municipality to disannex an area in compliance
with the rules set forth in the municipality' s charter and in
manner that is not inconsistent with the procedural rules
prescribed in Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City of Round Rock, a home-rule municipality,
is authorized by Article I, Section 1 . 04 of its Municipal Charter
to disannex territory existing within the City limits which is
not suitable for City purposes according to the rules stated
therein; and
WHEREAS, the following described territory, to-wit : 1 . 339
acres of land out of the Robert McNutt Survey, Abstract 422 , in
Williamson County, Texas (the "Property" ) , more fully described
in Exhibit "A, " which is incorporated herein by reference for all
purposes, is currently included within the city limits of the
City of Round Rock;
0:\wdox\ORDINANC\070726A3.WPD/ps/0114-0701
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS:
I.
That all of the above recitations are found to be true and
correct and are incorporated into the body of this ordinance .
II.
That all of the above-referenced procedures prescribed by
the Charter of the City of Round Rock, Texas, and the applicable
laws of the State of Texas, have been duly followed with respect
to the Property, more fully described in Exhibit "A" .
III.
That the Property described in Exhibit "A" be and is hereby
disannexed and eliminated as a part of the City of Round Rock,
Travis and Williamson Counties, Texas; and that the boundary
limits of the City be and are hereby contracted to exclude the
above-described territory from within the city limits of the City
of Round Rock, and the same shall hereafter be excluded from
within the territorial limits of the City of Round Rock.
IV.
That the Property described in Exhibit "A" be and is hereby
made liable for its pro rata share of any debts incurred while
the Property was a part of the City of Round Rock, and the City
of Round Rock may and is hereby authorized to continue to levy,
assess, and collect taxes on the Property to pay the indebtedness
incurred while the Property was a part of the City of Round Rock,
as though the Property had not been excluded from the boundaries
of the City.
2
V.
That the appropriate city official of the City of Round Rock
is hereby directed and authorized to perform or cause to be
performed all acts necessary to correct the official map of the
City to eliminate the territory hereby disannexed, as required by
law.
VI.
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, and to cause this
Ordinance to be entered upon the minutes and records of the City
of Round Rock.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
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 properties 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, and to this
3
end the provisions of this Ordinance are declared to be
severable .
IX.
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 thereof were
discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
READ and APPROVED on first reading on this the day
of 2007 .
READ, PASSED, and ADOPTED on - d reading this
the � �Q
day of 2007 .
W L, Mayor
City o ound Rock, Texas
AT ST:
CHRISTINE R. MARTINEZ, City Secre ry
4
F.xh� ' 1�
b�
1.339 Acres
A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE
ROBERT McNUTT SURVEY, ABSTRACT No. 422, AND BEING A PART OF THAT
161.11 ACRE TRACT OF LAND CONVEYED TO CHESTER MADSEN AND WIFE,
JOYCE MADSEN, BY DEED RECORDED IN VOLUME 434, PAGE 176 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN at a 1" iron pipe found at the remains of a cedar fence post for the Northwest
corner of the said 161.11 Acre Tract, the Northwest Corner of the McNutt Survey and
for a corner in the Easterly Line of that 151.52 Acre Tract of land conveyed to Paloma
Lake Development by deed recorded in Document No. 2005076981 of the Official
Public Records of Travis County, Texas;
THENCE S.89°59'04"E., along the North Line of the said 161.11 Acre Tract, the North
Line of the McNutt Survey, and along a line common with the said 151.52 Acre Tract,
a distance of 342.27 Feet to a point on a non-tangent curve to the left;
THENCE southwesterly along the arc of said curve and crossing the said 161.11 Acre
tract, a distance of 548.56 feet (said curve having a radius of 1050.00 feet, a central
angle of 29°56'01" and a chord bearing S.38'42'31"W,, 542.35 feet) to the West Line
of the said 161.11 Acre Tract and to an East Line of the said 151.52 Acre Tract;
THENCE along the West Line of and the said 161.11 Acre Tract the same being an
East Line of the said 151.52 Acre Tract the following three courses:
1. N.00'30'11"E. a distance of 2.5.89 feet to a 1" iron pipe found;
2. N.02°11'03"E. a distance of 120.77 feet to a nail set at a fence post;
3. N.01°38'39"VV. a distance of 276.85 feet to the said Point of Beginning.
Containing 1.339 acres, more or less.
•OF
J. Kenneth Wei and .......I�
Registered Professional Land Surveyor No. 5741 JQH KENtv,ETH.!...Or
State of Texas f"'•s 5741 q `
moi••° a: t�
RJ Surveying, Inc. SUF`°�i=
1212 East Braker Laney "fir
Austin, Texas 78753
S:1LAN D 1001-1050!104611046-900-115.rtf
PALOMA LAKE DEVELOPMENT, ?IVC. /
151.52 ACRES
DOC. ,¢' 2005075981
F°�`q�p`Op4 /
\POINT OF
BEGINNING ,lam S89 342.27 E
1.339 ACRE'S
a
c.w CHESTER MADSEN AND
JOYCE MADSEN
~
Z REMAINDER OF 161.11 ACRES
v, �
g VOLUME 434, PAGE 176
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SKETCH TO ACCOMPANY DESCRIPTION
' (SFE DESCRIPTION ON A SEPARATE ATTACHMENT) I
LEGEND.
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tpr = IRON PIPE FOUND RJ SURVEYING, INC.
1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793
Ordinance No. 6-07-07-26-9A3
Disannexation of 1.339 acres
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 2007086547
10/10/2007 01:43 PM
SURRATT $44.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS