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A-07-08-09-7C3 - 8/9/2007 ORDINANCE NO. R- 07-114-09- 7C3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.33 ACRES OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, 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 2 . 33 acre tract of land out of the Memucan Hunt Survey, Abstract No. 314, 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 O:\wdox\ORDINANC\070609C3.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 � day of 14-4 , 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 E Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretar 5 Lloyd Harrison,Jr. 2.327 Acre Tract Page I of 3 Memucan Hunt Svy. DESCRIPTION BEING A 2.329 ACRE TRACT OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING THE REMAINDER OF 2.50 ACRE TRACT DESCRIBED IN A DEED TO LLOYD HARRISON RECORDED IN VOLUME 583, PAGE 265 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), SAID 2.329 ACRE TRACT IS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found capped iron rod stamped "SAM" laying the westernmost corner of the said 2.329 acre tract, laying in the northeasterly line A.W. Grimes Boulevard, also know as Williamson County Road 170, a variable width public right-of-way and being the southernmost corner of a 2.33 acre remainder of a 2.50 acre tract described in a deed to RCN Holdings, L.P. recorded in Document No. 2007017220 of the Official Public Records of Williamson County, Texas (O.P.R.W.C.T.), from which a concrete monument bears N 54° 06' 48" W, 169.64 feet to and continuing N 54° 15' 17" W, 30.38 feet to a capped iron rod stamped "SAM" at the intersection of the northeasterly line of A.W. Grimes Boulevard with the southeasterly line of Roundville Lane, a fifty foot wide road easement recorded in Volume 1125, Page 368, D.R.W.C.T. THENCE with the northwesterly line of the said 2.329 acre tract with the southeasterly line of said 2.33 acre tract, N 66°28' 23" E a distance of 588.88 feet to a found 1/2 inch iron rod for the easternmost corner of the 2.33 acre tract and laying on the southwestern line of a 7.5 acre tract described in a deed to Jack W. Lee, Jr. recorded in Volume 583, Page 259, D.R.W.C.T. and being the northernmost corner of the herein described tract; THENCE with the northeasterly line of the said Harrison 2.50 acre tract with the southwesterly line of said 7.50 acre tract, S 54° 07' 03" E a distance of 200.15 feet to a found 1/2 inch iron rod for the southernmost corner of the 7.50 acre tract and laying on the northwestern line of an approximately 9.84 acre remainder of a 10 acre tract described in a deed to Raymond Davis recorded in Volume 583, Page 255, D.R.W.C.T. and being the easternmost corner of the herein described tract; THENCE with the southeasterly line of the said Harrison 2.50 acre tract with the northwesterly line of said 10 acre tract, S 66° 28' 25" W a distance of 588.59 feet to a found capped iron rod stamped "SAM", laying in the northeasterly line A.W. Grimes Boulevard and being the southernmost corner of the herein described tract; E HIBIT "An Lloyd Harrison,Jr. 2.327 Acre Tract Page 2 of 3 Memucan Hunt Svy. THENCE through the said Harrison 2.50 acre tract with the southwesterly line of the said 2.329 acre tract and with the northeasterly line of a 0.17 acre tract described in a deed to the City of Round Rock, Texas recorded in Document No. 2002059107, O.P.R.W.C.T., N 54° 11' 25" W a distance of 200.30 feet to the POINT OF BEGINNING and containing 2.329 acres of land. SURVEYOR'S CERTIFICATE Bearings shown hereon are referenced to grid north for the Texas State Plane Coordinate System, Central Zone, NAD-83 as determined by GPS survey relative to City Of Round Rock control monuments. Surveyed under the direct supervision of the undersigned during July, 2007: k4��� William A. Forshey D � D Registered Professional Land Su eyor No. 5097 OF �P•••�s'ir's•. 5: S BAKER-AICKLEN & ASSOCIATES, INC. rQ ellp's 405 Brushy Creek Road ""'�""'"""""""""""'"'" WILUAIM A.FORSHEY Cedar Park, Texas 78613 '.0"'""'S ��•• ••• (512) 260-3700 3UA JOB NO.: 1722-3-001-20 Filename: W TROJECTS�HARRISON LTS\DOCN&B DESCRIPTION.DOC �1 Votiks Y Subject Tract • , 2.33 ac DATE: August 2, 2007 SUBJECT: City Council Meeting - August 9, 2007 ITEM: 7C3. Consider an ordinance annexing 2.33 acres located at the northeast corner of A.W. Grimes Boulevard southeast of SH 45. (Harrison Tract) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: This is a voluntary annexation request. The tract of land, known as the Harrison tract, lies on the northeast side of CR 170, southeast of SH 45. 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 ETJ in Williamson County. An original zoning request for the tract of land is also on the August 9, 2007, City Council agenda. Public Comment: Public notice is not required for voluntary annexation, in accordance with Section 43.028 of the Texas Local Government Code. Ilfiillllllllilllllllllilllllillllllllllllllllllllllllilllll ORD 2007086546 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-07-08-09-7C3, which approves the annexation of 2.33 acres. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas at a meeting held on the 9th day of August 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. - 07-0o?-09— 7C3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.33 ACRES OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, 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 2 . 33 acre tract of land out of the Memucan Hunt Survey, Abstract No. 314, 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\070809C3.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. th READ, PASSED, and ADOPTED on first reading this day of UAU� , 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 E Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretar 5 Lloyd Harrison, Jr. 2.327 Acre Tract Page 1 of 3 Memucan Hunt Svy. DESCRIPTION BEING A 2.329 ACRE TRACT OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING THE REMAINDER OF 2.50 ACRE TRACT DESCRIBED IN A DEED TO LLOYD HARRISON RECORDED IN VOLUME 583, PAGE 265 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), SAID 2.329 ACRE TRACT IS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found capped iron rod stamped "SAM" laying the westermnost corner of the said 2.329 acre tract, laying in the northeasterly line A.W. Grimes Boulevard, also know as Williamson County Road 170, a variable width public right-of-way and being the southernmost corner of a 2.33 acre remainder of a 2.50 acre tract described in a deed to RCN Holdings, L.P. recorded in Document No. 2007017220 of the Official Public Records of Williamson County, Texas (O.P.R.W.C.T.), from which a concrete monument bears N 54° 06' 48" W, 169.64 feet to and continuing N 54° 15' 17" W, 30.38 feet to a capped iron rod stamped "SAM" at the intersection of the northeasterly line of A.W. Grimes Boulevard with the southeasterly line of Roundville Lane, a fifty foot wide road easement recorded in Volume 1125, Page 368, D.R.W.C.T. THENCE with the northwesterly line of the said 2.329 acre tract with the southeasterly line of said 2.33 acre tract, N 66° 28' 23" E a distance of 588.88 feet to a found 1/2 inch iron rod for the easternmost corner of the 2.33 acre tract and laying on the southwestern line of a 7.5 acre tract described in a deed to Jack W. Lee, Jr. recorded in Volume 583, Page 259, D.R.W.C.T. and being the northernmost corner of the herein described tract; THENCE with the northeasterly line of the said Harrison 2.50 acre tract with the southwesterly line of said 7.50 acre tract, S 54° 07' 03" E a distance of 200.15 feet to a found 1/2 inch iron rod for the southernmost corner of the 7.50 acre tract and laying on the northwestern line of an approximately 9.84 acre remainder of a 10 acre tract described in a deed to Raymond Davis recorded in Volume 583, Page 255, D.R.W.C.T. and being the easternmost corner of the herein described tract; THENCE with the southeasterly line of the said Harrison 2.50 acre tract with the northwesterly line of said 10 acre tract, S 66° 28' 25" W a distance of 588.59 feet to a found capped iron rod stamped "SAM", laying in the northeasterly line A.W. Grimes Boulevard and being the southernmost corner of the herein described tract; EXHIBIT "An Lloyd Harrison,Jr. 2.327 Acre Tract Page 2 of 3 Melnucan Hunt Svy. THENCE through the said Harrison 2.50 acre tract with the southwesterly line of the said 2.329 acre tract and with the northeasterly line of a 0.17 acre tract described in a deed to the City of Round Rock, Texas recorded in Document No. 2002059107, O.P.R.W.C.T., N 54° 11' 25" W a distance of 200.30 feet to the POINT OF BEGINNING and containing 2.329 acres of land. SURVEYOR'S CERTIFICATE Bearings shown hereon are referenced to grid north for the Texas State Plane Coordinate System, Central Zone,NAD-83 as determined by GPS survey relative to City Of Round Rock control monuments. Surveyed under the direct supervision of the undersigned during July, 2007: &e�� ZL�,� -a)- 0 07 William A. Forshey Registered Professional Land Sueyor No. 5097 �F F BAKER-AICKLEN & ASSOCIATES, INC. •`Q� p't 405 Brushy Creek Road �FORSHE Cedar Park, Texas 78613 ""''ti.a 5'"`"�moo i (512) 260-3700 �''•�ic ,�: aua JOB NO.: 1722-3-001-20 Filename: WAPROJECTS\I-IARRISON LTS\DOC\M&B DESCRIPTION.DOC i 1vd . era�► R©�r q I14 Yt Subject Tract 2.33 ac b, � Ordinance No. A-07-08-09-7C3 Annexation of 2.33 acres AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK a CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007@86546 10/10/2007 01:43 PM SURRATT $52.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS