A-08-01-24-9B5 - 1/24/2008 ORDINANCE NO. P 00'01"Zf"D26
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
60.023 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY,
ABSTRACT NO. 215, 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 60 . 023 acre tract of land out of the Abel Eaves
Survey, Abstract No. 215, 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\ORDZNANC\08012485.WPD/zmc
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 2008 .
4
Alternative 2 .
READ and APPROVED on first reading this the day of
, 2008 .
READ, APPROVED and ADOPTED on second reading this the
day of 2008 .
NYL E May
Cit o ound Rock, Texas
ATTEST:
q*'�. AJVK)tt
SARA L. WHITE, City Secretary
5
Aven7-ACC
60.023-Acres Tract
Page 1 of 4
DESCRIPTION
FOR A 60.023 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES
SURVEY, ABSTRACT 215 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY
RANCH COMPANY, LTD, OF RECORD IN DOCUMENT NUMBER
2002071336, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 60.023 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at '/2" iron rod found on an angle point in the east boundary line of a called 98.20
acre tract of land in deed to The State of Texas of record in Document No. 2005098710 of the
Official Public Records of Williamson County, Texas, saine being an angle point in the west
boundary line of said 1200.19-acre tract, for an angle point in the west boundary line and
POINT OF BEGINNING hereof,
THENCE with the east boundary line of said 98.20-acre tract, same being the west boundary
line of said 1200.19-acre tract,the following two (2) courses and distances:
1. N 17°19'52" W for a distance of 666.57 feet to a calculated angle point hereof. and
2. N 17°11'24" W for a distance of 636.50 feet to a calculated point for the northwest
corner hereof;
THENCE departing the east boundary line of said 98.20-acre tract, through the interior of said
1200.19-acre tract, the following two (2) courses and distances:
1. N 69'37'13" E for a distance of 770.73 feet to a point of curvature in the north boundary
line hereof. and
2. With the are of a curve to the right having a radius of 25.00 feet, a delta angle of
83°09'08", an arc length of 36.28 feet and a chord which bears S 68°48'13" E for a
distance of 33.18 feet to a point in the curving west right-of-way line of County Road
112 (120' right-of-way width). said point being a point of tangency and the northeast
corner hereof,
EXHIBIT
"An
Avery-ACC
60.023 Acres Tract
Page 2 of 4
THENCE continuing through the interior of said 1200.19-acre tract, with the west right-of-way
line of said County Road 112, the following four (4) courses and distances:
1. With the arc of a curve to the left having a radius of 2150.00 feet, a delta angle of
18°19'53", an arc length of 687.88 feet and a chord which bears S 36°23'35" E for a
chord distance of 684.95 feet to a 1/2" iron rod, with plastic cap stamped "Baker-Aicklen",
found for a point of tangency hereof.
2. S 45°33'32" E for a distance of 831.76 feet to a 1/2" iron rod, with plastic cap stamped
"Baker-Aicklen", found on a point of curvature hereof..
3. With the arc of a curve to the right having a radius of 2050.00 feet, a delta angle of
18°47'20", an arc length of 672.26 feet and a chord which bears S 36°09'52" E for a
distance of 669.25 feet to a '/z" iron rod, with plastic cap stamped "Baker-Aicklen'', found
on a point of tangency hereof; and
4. S 26'46'12" E for a distance of 22.85 feet to a point of curvature and the southeast
corner hereof:
THENCE departing the west right-of-way line of said County Road 112. through the interior of
said 1200.19-acre tract, the following three (3) courses and distances:
1. With the arc of a cure to the right having a radius of 25.00 feet, a delta angle of
84°50'17", an arc length of 37.02 feet and a chord which bears S 15°39'17" W for a
distance of 33.73 feet to a calculated point of tangency in the south boundary line hereof,
2. S 58004'46" W for a distance of 1219.77 feet to a calculated point for the southwest
coiner hereof, and
3. N 39°52'43" W for a distance of 223.95 feet to a 1/2" iron rod found on a point being an
angle point in the east boundary line of said 98.20-acre tract, same being an angle point in
the west boundary line of said 1200.19-acre tract, for a point in the west boundary line
hereof:
Avery-ACC
60.023 Acres Tract
Page 3 of 4
THENCE with the east boundary line of said 98.20-acre tract, same being the west boundary
line of said 1200.19-acre tract, N 39°52'43" W for a distance of 911.14 feet to the POINT OF
BEGINNING hereof and containing 60.023 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System. Central Zone NAD 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October, 2007:
Parker J. Graham P<1 s r f 9F;y
Co..e * <)*.
N
Registered Professional Land Surveyor No. 5556 • ...........••••••......•••••
BAKER-AICKLEN & ASSOCIATES. INC. PARKER GRAHAM
405 Brushy Creek Road 90 5556 �P Q
�'••. FESS\0.��0
Cedar Park, Texas 78613 O•'' U. :j�C
(512) 260-3700
Job No.: 0608-2-002-23
Filename: W:APROJECTS\AVERY-ACC\ACC-ZONING\METES BOUNDS\60.023 ACRE
TRACT.DOC
SKETCH TO ACCOMPANY DESCRIPTION
I I i I
AVERY RANCH CO.,LTD
I DOC. NO.2002071336 I CALCU TED
POIT
AC
CALCULATED Y1//
POINT N 69°37'13"E 770.73' I p rn
/ O { I
R=25.00'
DELTA=83°09'08 'o n
c� ARC=36.28' 1 o = I
cMo BRG.=S 68°48'13"E ` :X 0 O
CH.=33.18'
W �
N ` � �
\ SCALE: 1"=300'
Z R=2150.00'
DELTA=18°19'53"
ARC=687.88'
BRG.=S 36°23'35"E
CH.=684.95'
1J2"IRON \
ROD FOUND WITH \ '
"BAKER-AICKLEN"CAP
\ I
N C \
ABEL EWES SURVEY
Lop, \ /
60.023 ACRE TRACT /
C)
w co X (CALLED 1200.19 ACRES)
w o ~ Z AVERY RANCH COMPANY,LTD -�
LL
U cU DOC. NO.2002071336 \
Lu Q coN 3: OFFICIAL PUBLIC RECORDS TEXAS STATE
POINT OF \ UNIVERSITY SYSTEMS
Q b BEGINNING WILLIAMSON COUNTY,TX
I— CD Z d \ 101.376 ACRES
N m112'IRON
w v O ROD FOUND r r \ DOC. NO.2004014440
o ABS
TRA CT N-0. 2 155 \ O.P.R.W.C.,TX
112"IRON \
ROD FOUND WITH \
'BAKER-AICKLEN"CAP
R=2050.00'
2 DELTA= 18°47'20"
Lo ARC=672.26'
� BRG.=S 36°09'52"E
p CH.=669.25' 11
1!2"IRON
1 ROD FOUND WITH
"BAKE R-AICKLEN"CAP
W
I
R=25.00'
DELTA=84°50'57" S 26°46'12"E
_ ARC 37.02' 22.85'
BRG.=S 15°39'17"W I
z IRON CH.=33.73'
I ROD FOUND L —
I 46"W 1219 I CALPC4N TED
77 (��II
w S 58°04 I
T, I
I I
CALCULATED I
POINT
AVERY RANCH CO., LTD
DATE: NOVEMBER 5,2007 DOC. NO.2002071336 LAMA
""""EEK CREEK R0.
BY: PJG O.P.R.W.C.,TX BAKER-AICKLEN
JOB NO. :0608-2-002-23 6 ASSOCIATES, INC, CEDARPA 1-7-13
PAGE 4 OF 4 Engineers • Surveyors • GIS • Planning (51 Z 26o-3700
VJ.\PROJECTSIA.VERY-,ACC'.ACC-ZONING`,DNJG'Ave-y ACC Zoning-Annexdwo iACC Z-A)Novemosr 05.2037.1.5Spm
ACC - Round Rock Campus
Voluntary Annexation - Location Map
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Voluntary Annexation — Location Map
1
Subject Tract
UN`v�R �T• ' � ,rte 60.023 ac
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O
ANNEXATION OR CITY LIMITS EXTENSION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of land, which is vacant and without residents,
or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend
the present city limits so as to include as a part of the City of Round Rock, Texas, the following
described territory, to-wit:
(See EXHIBIT"A"for field note description)
We hereby certify, under oath, that:
(1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF
LAND and as evidence thereof we have attached as Exhibit `B" a true and current copy of the
Warranty Deed whereby we acquired said property, and
(2) The above described tract of land is contiguous and adjacent to the current city limits of the City
of Round Rock, Texas.
Avery Ranch Company,Ltd.
a Texas limited partnership
By: CJAC, Inc., a Texas Corporation
Its General Partner
By:
Jen . ery
Tident of CJAC, Inc.
SUBSCRIBED AND SWORN TO BEFORE ME a notary public, by �� y
this day of 2008, A.D. /
Notary Public, tate of Texas
KATHYGREEN
MY COMMISSION EXPIRES1,11July26,2011
Charles N. Avery, IItTs e of the
Children of Lucille SharTrusts, the
Charles N. Avery, III Exempt Trust, the
John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille
Christina Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME a notary public, by
f r-r this -- day of a , 204 A.D.
Notary Pu"tateexas
KATHY GREEN
MY COMMISSION EXPIRES
July 26,2011
Annexation or City Limits Extension Page Project No.0608-2-002-10
J S. Avery, Trustee oft C ildren of
u ' le Sharp Avery Trusts, the Charles N.
Avery, III Exempt Trust, the John S. Avery
Exempt Trust, the A. Nelson Avery Exempt
Trust, and the Lucille Christina Avery Fell
Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public,b
�- this 91 � day of r ,200 !A.D6.
a
Notary Public, St to of Texas
-- A. Nelson Avery, Trustee of the Children
p' s Nly COof Lucille Sharp Avery Trusts, the Charles
his i. N. Avery, III Exempt Trust, the John S.
Avery Exempt Trust, the A. Nelson Avery
Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public,by
this day of , 2007, A.D.
Notary Public, State of Texas
Lucille Christina Avery Fell, Trustee of
the Children of Lucille Sharp Avery Trusts
the Charles N. Avery, III Exempt Trust, the
John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille
Christina Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by
this day of , 2007,A.D.
Notary Public, State of Texas
DATE RECEIVED:
CITY COUNCIL HEARING:
0:10608-02-0021Annexation or City Lim Ext ACC 17Dec07.doc
Annexation or City Limits Extension Page Project No.0608-2-002-10
John S. Avery, Trustee of the Children of
Lucille Sharp Avery Trusts, the Charles N.
Avery, III Exempt Trust, the John S. Avery
Exempt Trust, the A. Nelson Avery Exempt
Trust, and the Lucille Christina Avery Fell
Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public,by
this day of , 2007, A.D.
Notary Public, State of Texas
ROSARIO Y. SCHULZ
Notary Public,State of Taxes A. Ne son Avery, rustee f th hildren
My Commission Expires of Lucille Sharp Avery Tr t
' he Charles
June 07,2009
N. Avery, III Exempt Trust, the John S.
Avery Exempt Trust, the A. Nelson Avery
Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public,b1' f�OSQJt i..0 5C,1VU.Ll '
this day of S , 200S, D.
Notary Public, State of Texas
Lucille Christina Avery Fell, Trustee of
the Children of Lucille Sharp Avery Trusts
the Charles N. Avery, III Exempt Trust, the
John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucilie
Christina Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by
this day of , 2007,A.D.
Notary Public, State of Texas
OEM
DATE RECEIVED:
CITY COUNCIL HEARING:
0\0608.02-002\Annexation or City Lim Ext ACC MecOTdoc
Annexation or City Limits Extension Page Project No.0608-2-002-10
John S. Avery, Trustee of the Children of
Lucille Sharp Avery Trusts, the Charles N.
Avery, III Exempt Trust, the John S. Avery
Exempt Trust, the A. Nelson Avery Exempt
Trust, and the Lucille Christina Avery Fell
Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public,by
this day of , 2007, A.D.
Notary Public, State of Texas
A. Nelson Avery, Trustee of the Children
of Lucille Sharp Avery Trusts, the Charles
N. Avery, III Exempt Trust, the John S.
Avery Exempt Trust, the A. Nelson Avery
Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public,by
this day of , 2007, A.D.
Notary Public, State of Texas
P�B�i ti'ssyr O' C �C� `AVV
c Lucille Christina Avery FOE, Trustee of
the Children of Lucille Sharp Avery Trusts
the Charles N. Avery, III Exempt Trust, the
9TFOF� `` John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille
r 4- `�g�3� Christina Avery Fell Exempt Trust
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by �C(Cil1,E(:!V,2,CST1
this D'1 day of , 20I;A.D.
Not ublic State of Texas
DATE RECEIVED:
CITY COUNCIL HEARING:
00608-02-002\Annexation or City Lim Ext ACC 17Dee07.doc
60.023 Acres Tract
Pase l of 4
(EXHIBIT A)
DESCRIPTION
FOR A 60.023 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES
SURVEY, ABSTRACT 215 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY
RANCH COMPANY, LTD, OF RECORD IN DOCUMENT NUMBER
2002071336, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY.
TEXAS.. SAID 60.023 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at '/2" iron rod found on an angle point in the east boundary line of a called 98.20
acre tract of land in deed to The State of Texas of record in Document No. 2005098710 of the
Official Public Records of Williamson County, Texas, same being an angle point in the west
boundary line of said 1200.19-acre tract, for an angle point in the west boundary line and
POINT OF BEGINNING hereof:
THENCE with the east boundary line of said 98.20-acre tract, same being the west boundary
line of said 1200.19-acre tract, the following two (2) courses and distances:
1. N 17°19'52" W for a distance of 666.57 feet to a calculated angle point hereof, and
2. N 17°11'24" W for a distance of 636.50 feet to a calculated point for the northwest
corner hereof:
THENCE departing the east boundary line of said 98.20-acre tract, through the interior of said
1200.19-acre tract. the folloNving two (2) courses and distances:
I, N 69'37'13" E for a distance of 770.73 feet to a point of curvature in the north boundary
line hereof. and
2. With the are of a curve to the right having a radius of 25.00 feet. a delta angle of
83°09'08". an arc length of 36.28 feet and a chord which bears S 68°48'13" E�for a
distance of 33.18 feet to a point in the curving west right-of-way line of County Road
112 (120' right-of-way width), said point being a point of tangency and the northeast
comer hereof:
60.023 Acres Tract
Page 2 of 4
THENCE continuing through the interior of said 1200.19-acre tract, with the west right-of-way
line of said County Road 112, the following four(4) courses and distances:
1. With the arc of a curve to the left having a radius of 2150.00 feet, a delta angle of
18°19'53", an arc length of 687.88 feet and a chord which bears S 36°23'35" E for a
chord distance of 684.95 feet to a '/z" iron rod, with plastic cap stamped "Baker-Aicklen",
found for a point of tangency hereof.
2. S 45°33'32" E for a distance of 831.76 feet to a '/z" iron rod, with plastic cap stamped
"Baker-Aicklen", found on a point of curvature hereof.
3. With the arc of a curve to the right having a radius of 2050.00 feet, a delta angle of
18°47'20". an arc length of 672.26 feet and a chord which bears S 36°09'52" E for a
distance of 669.25 feet to a '/:z" iron rod, with plastic cap stamped 'Baker-Aicklen', found
on a point of tangency hereof, and
4. S 26'46'12" E for a distance of 22.85 feet to a point of curvature and the southeast
comer hereof,
THENCE departing the Nvest right-of-way line of said County Road 112. through the interior of
said 1200.19-acre tract. the following three (3) courses and distances:
1. With the arc of a curve to the right having a radius of 25.00 feet. a delta angle of
84°50'17", an arc length of 37.02 feet and a chord which bears S 15°39'17" W for a
distance of 33.73 feet to a calculated point of tangency in the south boundary line hereof..
2. S 58°04'46" W for a distance of 1219.77 feet to a calculated point for the southwest
corner hereof and
3. N 39°52'43" W for a distance of 223.95 feet to a '/2" iron rod found on a point being an
angle point in the east boundary line of said 98.20-acre tract, same being an angle point in
the west boundaiy line of said 1200.19-acre tract, for a point in the west boundary line
hereof,
60.023 Acres Tract
Page 3 of 4
THENCE with the east boundary line of said 98.20-acre tract, same being the west boundary
line of said 1200.19-acre tract. N 39°52'43" W for a distance of 911.14 feet to the POINT OF
BEGINNING hereof and containing 60.023 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October. 2007:
hilt.- **6\S
.Go
_V-1 F T
Parker J. Graham Co. Q o'(P
Registered Professional Land Surveyor No. 5556 PARKER.GRAHAM
BAKER-AICKLEN & ASSOCIATES, INC. 9 5556 P rQ
405 Brushy Creek Road �2Q
Cedar Park. Texas 78613
(512) 260-3700
Job No.: 0608-2-002-23
Filename: «7:\PROJECTS\AVERY-ACC\ACC-ZONING\NIETES BOUNDS\60.023 ACRE
TRACT.DOC
SKETCH TO ACCOMPANY DESCRIPTION
I I i
AVERY RANCH CO., LTD
DOC. NO.2002071336 I CALCUL TED
CALCULATED ' /POI IT C
POINT N 69°37'13"E 770.73' yf/
I ° � I
R=25.00'
DELTA=83°09'08 I � I
M ARC=36.28' o o I
c� BRG. =S 68°48'13"E n No n
CH. =33.18' O I
f 1 I SCALE: 1"=300'
R=2150.00' I
z DELTA= 18°19'53" I
ARC=687.88' I
BRG.=S 36°23'35"E
CH.=684.95' \ I
11
/2"IRON \ I
ROD FOUND WITH \ I
"BAKER-AICKLEN"CAP
\ I
t`
\ I
� N
ABEL E-W S SURVEY
60.023 ACRE TRACT �=
< o c� o
wrn x (CALLED 1200.19 ACRES)
Lu o ~ z AVERY RANCH COMPANY, LTD
p U o U DOC. NO.2002071336 (5). \
w < N 3: POINT OF OFFICIAL PUBLIC RECORDS \ TEXAS STATE
N O WILLIAMSON COUNTY,TX UNIVERSITY SYSTEMS
H co z Q BEGINNING \ 101.376 ACRES
° RODFOUND DO
u1 rn '12' IRON 1
o r�3S rRrl(�T I�IU. j \\ O.P R.IN.0 0440
'/2"IRON \
ROD FOUND WITH \
"BAKER-AICKLEN"CAP
R=2050.00' 1
Z DELTA= 18°47'20"
L ARC=672.26'
BRG.=S 36° E` 1
CH.=669.25.25'
1 1/2'IRON
ROD FOUND WITH
'BAKER-AICKLEN'CAP
t�51
R=25.00' I
DELTA=84°50'57" I S 26°4612"E
_ ARC=37.02' 22.85'
� BRG.=S 15°39'17"W
112"IRON
ROD FOUND CH.=33.73'
L
r r N 121g,77' I CALCULATED
I N 46"w P N7
9 S 58°p4 I
cSS
I
CALCULATED
POINT
AVERY RANCH CO.,LTD
DATE: NOVEMBER 5,2007 DOC. NO.2002071336 BY: PJG O.P.R.W.C.,TX AA
BAKER-AICKLEN 405 BRUSHY CREEK RQ
JOB NO. : 0608-2-002-23 5 ASSOCIATES, INC, CE-PARK.TX7B513
PAGE 4 OF 4 Engineers • Surveyors • GIS - Planning (51 z)Z50-37CO
1,V.lPROJE."S1;,VERY-:,.;C J;CC Z_ONI!v G\D iA v4Wvey-F CC Z011'19-Amex deg jACC Z-.Aj Uecemhar"B 2)'�?..7 n7arr
fr r r 2002071336 15
(EXHIBIT B)
ter'
TRUSTEE DISTRIBUTION DEED
e: Pa a44da !! 2002
ran or.,f C ares _ eedharn Avery, III, Trustee of the Exemption Equivalent Trust (the
— "T °} ated under the will of Charles Needham Avery, Jr., Deceased. ('The
/ ist teed on September 15,2001. The undersigned Beneficiaries ofthe Trust
,ftbe n , ft Avery, III,John S.Avery,A.Nelson Avery,and Lucille Christina
ele joined in this Deed in order to direct the Trustee of the Trust to
c. vey real property assets of the Trust described below directly �to Ave Ranch
eotx rcy, Ltd., Texas limited partnership which is owned and controlled by such
cia�es
L1 �
Grantors' Mailin Addtws,—, c d\ hn S. Avery, 2803 Pecos Street, Austin, Texas 78703
Grantee: Avery Ranc ?L l., a� - xas limited partnership
Grantee's Mailing Address: �Q-JJ6 S. ery, 2803 Peso's Street, Austin, Texas 78703
Consideration: <%�Iz 1-"
}f�
Ten Dollars and other good and vplukleznsic rat' n.
Property:
~•.moi y �r All of Grantor's undivided seventy-five p (7 '/-,'fee simple interest in and to those
certain tracts or parcels of land(the"Lan he,1 sIr ) described as follows:
"PARCEL TWO (Wallin farm)": All of th crfii ra t or parcel of land
consisting of the following tracts: f
Tract I: Being all of that certain tract or parcel of land ont " " -f2Q0.19 acres, more or
less, situated in the Thomas Toby SurveyNo. 200 AI
r lie Thomas Toby
Survey No. 201, Abstract No. 625,the Abel L. Eaves Sur tla�t No-,415, the Barney
C.Low Survey,Abstract No. 385,the Thomas Glasscock Su ' ,A�#ra�-t N .255,and the
Willis Donaho Sit rvey, Abstract No. 173, Williamson County, 44d trodbeing more
particularly described by metes and bounds as the First Tract of."h �r Tr a tin Deed
recorded in volume 305,Page 228 of the Deed Records ofWiIli arnso C,etintr,;r x s, AVE
AND EXCEPT THEREFROM, all of that certain tract or parcel otc�nt ' ' 1.87
acres, more or less, situated in the Barney C. Low Survey,Abstract No 3tvpi
a at1A 1 L.
Eaves Survey,Abstract No 215,Williamson County,Texas,said tract bein fat
described by metes and bounds 3n Deed recorded in Volume 466, Page N-2-
--
T^.u"ts=D:sTrslet,-noxI}Eev
W ALLN AND EKVALL FARkeM
August:!b 2002
r'
Records of Williamson County, Texas; and FLrRTHER SAVE And EXCEPT
THEREFROM all of those certain tracts or parcels of land containing 1.964 acres and
11.157 acres; more or less, situated in the Abel L. Eaves Survey, Abstract No. 215 the
e
y C. Low Survey, Abstract No. 385, the Thomas Toby Survey,Abstract No. 625,and
f T mas Glasscock Survey,Abstract No.255,Williamson County,Texas,said tracts being
( � ore a •described by metes and bounds in Deed recorded in Volume 431,Page 347
D De rds of Williamson County, Texas; and FURTHER SAVE And EXCEPT
a 7.03 acre tract of land in the Willis Donaho Survey, Abstract No 173,
\W ms Cot eaas,said tract being more particularly described by metes and bounds
rho on ' `l ached hereto and made a part hereof
TRCI:� on ofthe Missouri-Kansas-Texas Railroad right-of-way
instru t rye rd� olume 773 Page 652 of the Deed Records conveyed in
g c rds of Williamson County,
Texas, whi i ppu terfazrt tq-W act I of Parcel Two hereof.
TRACT IH 6f tW certain tract or parcel of land cantaining 57.58 acres, more or
less, situated in tAbel ] v &�urvey,Abstract No. 215,Williamson County,Texas; said
tract beim more�'I-,' ri ed by metes and bounds in Deed recorded in volume 466,
Page 116 of the Dee RofV� n County, Texas,
TRACT IV: Being all Att�xojs
rt tracts of land containing 25.29 acres of land and 1.72
acres of land in the Willis D nahoS ey,Abs �o. 173,Williamson County,Texas,said
tracts being more particularly described bmetes bounds shown on Exhibit F attached
hereto and made a part hereof. ' �
"PARCEL THREE(Ekyall Far )": 'of that certain tract or parcel of land consisting
of the following tracts.
TRACT I: Being all of that certain tract§r parcetfof and containing 300.43 acres, more
or less, situated in the Thomas Glasscock rvey,Ab,str$ct-No. 255, and the Joseph Mott
Survey, .Abstract hyo. 427, Williamson County T��s. d t t being more particularly
described by metes and bounds as the Second Tr�t the inTract in Deed recorded in
Volume 305, Page 228 of the Deed Records of WiW ,h n tt Texas.
TRACT U.- That portion of the Missouri-Kansas-Texa. f oadliijh of--way conveyed in
instrument recorded in Volume 773, Page 652 of the D ecordego - ' iamson Coun
f ty,
Texas, which is appurtenant to Tract I of Parcel Three -
Together with any improvements and all appurtenances,includin��,w� s,waters,
privileges and alleys serving the Land or the improvements or in ,��s�app airing; all
right, title and interest of Grantor in any Land tying in the bed o y str ; -slteyroad
avenue, creek, river or stream, existing or proposed, in front of�j ' n d�
& '
development rights, development agreements, and other similar agr stt} any
TYC�SI'EE DIS7RIPL'l7i:iN DEED �ti� ti -�f,�
sf
WALLIN AND EM,ALL F.k?JAS
August 26,2002 7
�" }
<J
5
r
f^ '
municipality or other governmental authority, and all other development rights and benefits
with the Land; and all of Grantor's right, title and interest in and to any strips or
)associated
gores of land lying between any boundary fence and the record fee simple title boundary line
Land (herein called the "Appurtenances").
tree rn
bed Parcel Two and Parcel Three are the same as described in Special
an ar�titio recorded in Document x#9843837, Official Public Record of Williamson
�
County exajs5� •'�`
his m�Asade and accepted subject to any and all easement,covenants,conditions
and restricorls�o ord4cord.
^ isible or apparent on the Property; and to any and all outstanding oil,
gas and minerlal.�terr
l fy y
Grantor, f t ~co\si ti and subject to the reservations from and exceptions to
conveyance and rr gi'a tom, s; conveys and distributes to Grantee the Property, together
with all and singular } anc Appurtenances thereto in any wise belonging, to have and hold
it to Grantee, Granteesuco so dr- assigns forever. Grantor binds Grantor and Grantor's
successors and assigns tt�l a�a. ver defend all and singular the property to Grantee and
Grantees successors and as4gnCapir std ery.fegr`spn whornsoever lawfiilly claiming or to claim the
sante or any part thereof, by,'t#�ugh t2ryr 'der, e Grantor, but not other rise.
A hen the context requires,£ mgtar nouns and- nouns include the plural.
tI �
EXECUTED effective as of this_ r � y gf' 2002.
jrJ fa
Charles e ery, III, Trustee of the
Exemption uivalet st, re ed under the wiil of
Charles N, v f, JrD as
GRANTEE: f
Avery Ranch Cor+tJany,..
(a Texas limited parttpr
B_v: CJAC, Inc. s"
(a Texas eorporAC4dn ,- ' _}
Its General Partner`.- '
r�
By:
I S. Avery, Presid
r �"
Al
WP.LLNN ANO LK VALL MMS
August 26:2002 3 rfl�
:
NE ICIA S:
arlos A ery, II
J�r !
A. Nelson; vvey'
Lucille Christina�.Cerrfell r
^'ter
STATE OF
1
COUNTY OF _ rrt�tltc+ v f
Zr ��
This instrument was acknow' _ ged beforg.,me on t 's P day of 2002,
by Charles Needham Avery, III, Trustee fart Exezx lon quivalent Trust cr ted under the will
of Charles Needham Avery, Jr., Deceased' f�
*- ZACHARY DAVID DUBLgq �~ y
U CaMWL 012316M '
= NOTARY PU&JCZALFORWAG)SAC
COMM E ,�G.6,2W3 - a. F Iic- af�
STATE OF TEXAS r f� `—Y%`J d
l�f
COUNTY OF TRAVIS
This instrument was acknowledged before me on thus d�y�af e�iaA, 2002,by
John S Avery, President of CJAC, Inc.. a Texas corporation, era irt�T of Avery Ranch
Company, Ltd., a Texas limited partnership, on behalf of said co r iraiidrtand sa artnership.
CYNTHIA LIN Hlu.
WrMY PJM STATE 0FMM
COMMISSION cxRlRfi; Nota dbhc
a APRIL 10, 20" : rf
TRLL57PE L}[Rfc?pV,IOt.DEEB
WAWN AND EKVALL FARMS
August 25.X002 }''J}
ICIARIES:
Marl A ery, III
p � x
Telson Y } _
J
y
Lucille Christina i ell �
f
STATE OF TEXAS
COUNTY OF
This instrument was acknowi dged before cd-e on t 's day of , 2002,
by Charles Needham Avery, III,Trustee for tie-Exec on Divalent Trust created under the, will
of Charles Needham Avery, Jr., Deceased,"
,tip= r
rota P tic- State of Texas
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on this. /day- '�� , 2002,by
John S. Avery, President of CJAC, Inc., a Texas corporatiod.�,�e�teral of Avery Ranch
Company, Ltd., a Texas limited partnership, on behalf of said corra2aorLafid nership.
Jl
i
<
Notary Public- State b fXexas/-,-
,//Jf'``fff r
TKUSTEE DYISTPJWT]ON DM-D
WALL11 AIJU£KVA1.FAFiA!S
August 26,2002
�'f ��
i
� ICIARIES;
e a s 1. A ery, III
John Sv ve
A. Nelsori'
Lucille Christina ell
STATE OF TEXAS
COUNTY OF -
f�
This instrument was ackno edged befbla-me on s day of , 2002,
by Charles's eedham Avery, III, Trustee far ce Exorn ion quivalent Trust created under the will
of Charles Needham Avery, Jr., Deceased''
rotAry Pyr blic- State of Texas
STATE OF TEXAS
COUNTY OF TRAMS
This instrument was acknowledged before me on this . _ yf 2002,by
John S. Avery, President of CJAC, Inc., a Texas corporatioA,-W eraJ4i n' of Avery Ranch
Company, Ltd., a Texas limited partnership, on behalf of said core o amend s artnership.
�^
r1 !
Notary Public- State —�
T3UJSrEE DtmiaLn:m 77Eec
Lv ALUN AND MW I.FARM',
Auger 26,2Do2 y' J
fi �.
J�
J/ f
Y
C
rum was acknowledged before me on this day of S- k cr 2002, by
Charles '. Av
U CHA f `&�
RY
SA ACOUNTY tart'Public - S
M.s f
4:
STATE OF T-EXA,
,
COUNTY OF TRkV s
This instrument wga a o� e7 e'for �me on this day of ,2002: by
3olut S. Avery
`:
• �coau�ani��n rsr'Notar�Pubiic- State of Texas
APML 10, 20 20"
L—'/
f
Taus,aDri:pt_,iT s:DLED
EV 14 ALL
,kueuet 26.2GC2 f
r_�
I
T OF TEXAS §
y
�Avjory
stns as acknowledged before me on this da of
Y '
A. Nel + r eGrs
��'� •� �'.� �•. pr's
a
F �,F
Notary Public- State of Texas ��'.••. Orr
STATE OF TEXAS-— I
COUNTY OF �~
This instrument was owltee '{efol.. ,me on this day of 2002,by
L. Christina Avery Fell Avery.
4
f'J t Public- State of Texas
1-=
After R=nhnsL Please Return To:
f
r:
John S. Avery
IROS S.Lamar Bled.
Austin,Texas 7$704
fl
L
'MUSTEEDIS' BR 'r70T:DEED
WAL,N AN>EK VALL FARMS ' Y
Augsst 26,2402
�rr
r�
J �Z
J J
T OF TEXAS
MsAlstru as acknowledged before me on this day of 2002,by
A. Nels. Av 11'
Notary Public- State of Texas
STATE OF TE -,f r /' §
COUNTY OF
Thi .ip {��ment wasowlc(� ef�d-beme on this 0� day of Opt,by
L. C �iFery�'-
f
o
� r
r3, y = fNVot ublic State of Texas
s
RECO FIE pR
Ail ar pa�o ANDUM
cIeari !e tex r e was nrx
After Recording.Phase Return To: Y $ 1e far fact ,rdago�.
John S.Avers _ ` Y.
1508 S.Lamar Blvd. +, r
Austin,Texas 75704
J 4
f rY
r
FJ
fy r1
1�tLB7'EP as7R,M.WN DEED
WALLiN.4,14D EY.YALL FARMS r �r
August 26,2002
' As%, a Al to Nelson FN4$89thi"
,, 27.03 Aaa February 14,1994
114*3 DPnaho Snowy,Abstract No.173 SFW Job.214"T
amsan County.Trzos
4 + DEWW".0F A E70 AGM TRACT OF INS IN THE W"0W*0 SURVEY,ABSTRACT
NO. 173 IN WILLIAMSON COUNTY,TEXAS,OEM A AORTTON OF TRACT NO. 106 OF THE
NELSON HOWMTM FAQ MI UMSiE00ROED SUJBWOM THE MAP SOF W1401 WAS
✓J OOPYRIGHTTD IS t3UAfk%%7M ABSTHACTT CQ.tfM0.,OEOROETOVN TEXAS IN 1910,SWE
BEM A PORTION OFTMMT CERTMf 1200.19 ACAETRRM OF IAND DESCFAWAS THE FFIST
TRACT OF THE N94TH TRACT N TMT PARTITION DEED AMON3 CHARM 1 ET*tAA1 AVERY,
-�'
JL ET AL AS RWORI>ED IN VOLUME 305,PAGE 222 OF TIE DEED RECORDS OF WILLI MSON
OOUNW,TDAS,SAJO27ASAORETRACT,AS MOWN ONTHEACCOMPANYI G SKETCH,BEING
MORE,PARTl ARLY DESCRIBED BY METES AND BOUNDS AS FOLLO1MS:
fJ+ � � �. aer(xtr�Ifx3 ata 1•tl2 bch Yon pion goal ward 1vr frs Iartaa�t camK of Trail hb.107 0l old
r Naboth Hornsatexi Fern being on i left MOW*f$W Tract Na 1%And on krtarbr cower of ald
J 1200.19 acre frac,same bring an YMarbr COMM of ON rid daubed hank,
y J' THENCE vft The north We of sold Trott No.107,bobV a s oh kar of raid Traci Na 106 and being
a south ins of add 1200.19 scse hoot S t1D'0Z'os W,a I-- -P d 35824 feet io a 112 Inch kon
rod set for s»u,oe1 woVuAlr mutme tcomor of a»lana eesalbsd honk".being In to east dgt td
£l��'l treT Nns of County Road Fk>.t17 ss lanced:
k rr�
TI-MM i Milt asst sold commas thole.rod ap»k,p nrd Tract ilio.1 D6 and sold 1200.19 ecce wool
!! •d nelll foto eon kc twee ltm*1 xw of to Ir khia sedbn of Coun y Ro73 se 1 o.11122
and sold Owdy"Mie 117,at tw Ir cation of ow km*wrlfen of said C'a+*Road No.112 and
+ f tw cordk bow of sate Cotwy Rood No.117 In an easterly diwafom
nie!CE ponthwkap to suss sold Ttoet No.106 and sold 1200.19 nae tract wkh she south rfght.pf.
'r— tine of sold oft"oondrangan of{fit w9f Aced No.317 as fanaeal tie b2oxty yep M
wW d4anmv
T6'49'S1"E;a dFlanas d=12 feet In it 60'e'rail Wnd for on won p*sL
and
fr
ZZ N t0'2S 49'F,a distuaa Of MM haat b a IX kWh kpa sat fpr IM notthsaat oomar
deaerEsd ibneitt,tnaklQ b She asst km of said Trod ft.IDS end said
120¢A ie tact and bak,g in a asett line d Trac Na 102 of Hon wed Tann;
said"4 iia•Wft sw 0—ty Rand,the toao eing seven M=Wses and
1, S 63' 06`r a dtstaaoe of 58579 fleet to a 26 inch skn tree wo'"dens of gid
f thio bttrad kx sa,g%Ppktt,
\,2. 343 45 E a dl*-m of M.82 kat b a W khch iron rod at flocs pont.
3 se lir ■ b d213M loot a tr2 k,h ton rod set for angle pain.
4. 45'51't5 a} d 7t to feet b s 12 k h kon and net fir&Vie point
&
311 S0 t5'JFli 23t.Q11sel b a 112 kvN kw rod set lot wVle poh L
6. S 24.82'lr adieta�raa,5 t�J¢ fast to Is W kxh Inm and set br&Nis pont.and
7. S 1s tI2�5''E d4WI60 8D9 57 feet 10 a 1n kv:h hon rod set to The rocM bw
oe Traci Not t08�Nel9ef Fenn,being r A most as fatty aout,east
rprtner of TFad 106 s I A O R teeatodypRF corner c9 sold Tmet No.102,
earn bsinp a' wmaF4f 1200.19 acre w3ct;
yy r
THENCE rAtt ate nota ins of said T pakgaa a fne of aatd Tract Na 106 and of sokd
EXHIS
l r/lr
RECORDERS�'tTEN AwD�Nj
A[I or parts of the tit or isat ,t
c)Early Ic�i!1e for saris; ctoi ' �fdat� 7,,,,
Aa
yJ x J 2TA3 Aom Natson kFT"MM"
r` VAft Dm"Stare,M*pd Nc.179 b^�Y 14,IM
VVMamon G*,Temt 5Ri 1od 2t�0 p1
t2DQ.19 sore,to t0 two(2}masea and dtsfanoasr
J / Y 1. s 74.02•WK I da Wco of/89. 8 Wt 14 a 112 kick kon rod m w an*pole,,
atd
� ��,;�'' z. s 74•!iD'is w,.alslsncv a 1J5.£5 tssi to•112 k+oA icon rod aet k11he aaat ttn4 a
said Trst1 No. 107 for the wont aoulfwty sacdaxm cant Mreo4 Uekg a
eaafxn*dy comet of acid Tract No 198 and"d 12oa.12 sora Ved era boirg r e
— nalwt k omw of 90d Thal Nob tot
JJ� / TF4�fGE lrkh said Best bre of Tnd No t 6T,
J TasinQ a west tkw of Sala Tract No 106 and or said
12MAO om VWL H 21'37 44'.W. a distance d 410.5E feet io the POINT OF t3EGr 440 and
27.09 so"of dnd.
J+�J
THE STATE OF TENS ]
tr.NOW ALL AEN BY THESE PFIE5ENC5:
OOIA+tTY OF TRiitRS ;
n TbO L A9d,eei R Habhat,a r ogbtwW Ptobssbrw Lead arnrfor,do
J, Y Ina abara daealpd' It taw atd coned b tha NO d my bnowbdga and fw to VoWtyty
�r da=bW 1letekl bw debwWnod by a arvey.,side on the pound dtakv octubw end Nwwrbw
�—"�i �� ffe89 t+KFx my di�eotlan and �
/ WM ESS MY HAW AND SEAL at Auslft4 Trarlt CwW.Tama Vas fn 29th day of VMCN
A.D.
61 Haldw--
f aorn FMo�
i wtss 7II71G-2890 �j.'�S!F ,� R Land Surveyor
42%•Saw of Terns
-n HATCHER
(I ,p 4253 :,r9
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�-f- ERS MEMORANDUM
s'J 1 cr arts the text nr,this p �e was not
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RECORDERS � _
arcs of the text"this page was not
�+,li oz p ord4ior,
cleativ leotble for saai ,actor Ter-CT
-, J
Neeson to Avery Et Al FN 4981 iMRH)
ff 25.29 Awoms and 1.72 Aom March 20, 1994
'+ VAMx Obtleho Survey,A-173 SRI.lob No. 2140.01
WIltamson County,Texas
!r — DESCP MON OF A 26&1 AGI£TA4Cr OF L kW AND A 1.72 ACRE TRAM OF W lO IN 711E
� J WLL1S DDUk4o SLVCVEY, ABSTRACT HO 173 IN +m11.1U48ON OOUMY, TEXk% BEWD
PORTIONS OF THAT OE RTAIV TPAGf OF LAND CAUM 8%.54 ACM IN THE DEQ To TOM E.
f } J44.0 f AS siE00PmF�IM VOLkl1AE 103.PAGE CA OF THE R-Ak 4ROPEFT"
F*CC Df3 OF VALU4MSON COUNTY-TDW%MW 9S,29 ACRE TRACT BEM A PORTION OF
TF{ACT NO.105 OF THE NELSON HOMESTFAO FARM,Aro UN Pee OFIDED SLOWSKK THE VAP
_ r { OF W41CH WAS OOPYR04TW BY OUARQfrEF ABSTRACT M.M..GeOROETOe4K TEW
14 IS40,AND 8N D 1.72 AGM TRACT BeM A PMVIOK OF TpACT 440,107 OF SAID Na"
HOME$TWO FAF1lt4S;SAID 2528 ACAEB 11I11ACT 0 AND SA I-MACRM(TRACT t0.AS SROM
} ONTHE ATTAORM SKETOK aEM+KI MOM PAMICULARL.Y DESCABED BYk1ETFS kM BDUNDS
'- AS F DLLIIWS:
BEiletavihki ata 1n tra,iron rod at In 1ne aauQ1 rfphtd++ay xtra a aha F1md Mo 1 f s;bek j
.' in to tact W*ttr sell Ina No.105,aarre bekV an sage Ina or aNd 66051 sirs trot sad bAV a
w _--�.� � +rest kM d YIa arriritt tact OI 4md Odrr1 t200:t Q apes rrtd drlC+RrW as ttw Fdrat Ttsts al the NanC,
r Tract in Mat P&mVon DW anoN Chain Needitaret Amy.Jr.El Al re
r9 000*d in VokiRm SCS.
J 226 of Ia Deed Rtootde C4 M'Misnteoa County.T;*.u,k,wdticl�point a fig'd'naf bund tt
fJ base a a fir"oouwr past at Mw soutxol carry of the ktfersac I of sale County Roo No,
t i2 and Cowry qW No.1 f 7 bears,N 72'SP I r E;a dbtenes of IW.33 loot
THENM NawkV MW County Raid vdth saki oomrrton kw d old a"ear tract and rsi31200.19
irra,t»irtp the east Ino of said Ttaot NO.IDS se+d to rrrZlt Ira of Teva No.146 or eta 1letsort
shad Fstrrts,iM foisoewkq too M courass and dhtiaces
1Ir 4T'4s F,a dWb neo of 120553 feet 10 a V2 inch iron rod set and
2_ -I'S IV*3B'45'E,a 63to ttx or t 164.44 feat to a 114 krch sen rod Set tar rte&%xh Qst
' cww d said T]arx Nto.10S and of T*tad desist"hank,;
' }x�C.E wkt theBoum s or sw Trad Fie tD tm*v as most tas"sowh arm
! hereot.S Tl'W�� fnd[7667 bat b a tM ktak iron roe cot for tae rrtosf-Uv-if.
southwest oo7 d said 1�lt7S and of Iia MAO doeaDed haekx
TFmt Mw mCtat wet*"d saki Tact No.105,bet: ,the ro ost aadhsr�r rarest kw
t>a Wi'N t6'1�''i5'W bf l tfl3A6 fast 1a a 1R 4�x4r i oa I*did lot w t*mior'eM'mcm
4("d Trail fn 1C d bra described tterrkr;
=10wrNtiTiia mom 7 sm*-4 wo d said Tract N0.Im&K*v I*most wrestartr south ine
71`01"15'rYlYi of 414.72 fret ta a If2 ktoh kon tad sat for tfw east Wssisdy
sotattrvsl ooavo�d�Td Trod 105 sad of Mot tact deaorQwd hefei t;
THEN OE V t 8>�� y Int at said Tran No.1118,befrtp an Asst noriherfy wrest We
hereat.N 1C�� X0(1224.43 feet b a In Inch bort and sot in said right.
d-W"&W of Noy br—lhe�nor6tNrost omw of to*Oct ductlbsd fanux
THENCE Tit t elpFtFOT"rpry kkn, ' said Tt*a Fila, 105 and cold BXTA rove trail,
K 7t'QS'11T E,a alstarta 612 9w orBeylftV d the heroin dosat and Treat land
cw1VwAk V 2525 sores of
mAn
f
rfl ft
RECORDERS MEMO RA-
AL or pars of the text on this pa?e was
clearly legible for satisfactory
1
N6—on to Avery Et A( FN 4881(MF1F-tf
25.29 Asros and 1.72 Apes March 20, 1994
�. WFAIS Donaho Survey,A•173 SRi Job No. 2140-01
Wflkamson County,Texas
Tract I
BEOK4M at a It2 bch Iron rod Sal in the was: dghtoiiray M 0(0=*peed Na 117,bekg k,
J aM nosh&N of TnOt NM f 07 d Said Neison Honxslsad Fbrss,sone bohn a room ane or said
J K4r y
W944 Sar tract.and bs*V in a►aMh fins oS Trod No.106 0(pW Netson Horneatead Fwm,same
b**a saAh tkta of acrid 1200.19 dors trvot:
M4e4M WM Said ripfW�Wsy IN,as fended,the k bON hro M courses and distances:
� ~
1. S!Ir 4F 4 i•!:a db;ance of It 45.87 feat a.s0 b'roe sat n M base d a Fence
�� Ar1e argte aver,and .
/ y fi r'y � 2 366.0lY 17'E,a diatanoe d 220 Fast b■W*a km rod set In ttw soul h One of
comer d t1s tad daa kV*south On d saki WOLU acre tray for the soum"st
herald;
THENCE wlh a&cacmton s mM bras,S 70.OV 00'1Y,a distance d 67.TD feel b a 112 krch k-cr
rod sed.fot.Its routmeA corner of said Tract No.107,baba an kgmlor•ee'corner d said Tract No.
109,for the scuersrost Oww of to bract domed hanks
~ - w0h to rr6at Ino of said Ttaet No.107,bekrp a W*A Ane d Said L18aS4 aero t*m same
: JY beNp an east Ins,of Said Tract HO.108 and of said 1200.19 a"tract.N 1 fi 4Y S2'vi,a ditfanoo
of i 156.11 W 10'R N2 inch km rod sat riot etre rwrttmvst d uW Toot No.107,tieing an kttmiw•ae'
r' cercroc
of said Trect Ha 109 and belt 9*nprttmyt amw et"Wea doscct od hweki
w1h Bald rwrth tine of sold TW Ffo.107,Sartre balnp a norfl fns Of sakl&6854 acne tract;
gb:-Ig a aouft*w d sold Tract No.106 and of said 120n.19 sore tsar,N or sz W F,a
r014SP best b 1"Pokx of 9aglrarkV of ftn 1-A doacsbad Tmco 6 and kiq 1.72
TWt;r TE 4F TD413 Y
/�Y OFYb 1 Kf40n'ALL WNBytt#SE PFiE$Eh't S
Tw
Tw k f� a P a915WW ftOe>a(r wW Land%rMw,do hereby c*.*lhat
Sis aberro dae4sasn kw oonaot b 4w best of a!'-knorMdp and olk ria property
Idw�lk"
m ^t �merle oa ne 9ea�d drakW Oc+iober acct►bnmWr
t 984 ,TS VWTHS WY JAND AND SEAL.at Atsstkr,Tra*C-M ,TC=Ctrs dw 291h day at March.
r �
SURYEY
P.Q.BCat 1ask AuaCn,Tacas it3R�Q 4 �I Reipkdand?rn�ssionaltscld
KNOW"t w 4258•f%WA cc Texas
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RECORDERS TMEMORANETUMI-11
All or part;Of the text on this p'rgE,vas
clearly legible Fear sati,fat.ton reeards'Li on '`~
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RECORDERS
.kjj or Pam of the text on this Paw-was
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IED M REEMED
OFFICM NBLIG RECORDS
2071336
09-17 20WO 10:54 AM 20(P
ANDERSON s37.00
NWY E RISTER COUNTY CLERK
COUNTY, TEXAS
DATE: January 17, 2008
SUBJECT: City Council Meeting - January 24, 2008
ITEM: 9B5. Consider an ordinance annexing 60.023 acres, located west of CR 112
and south of University Boulevard. (Also known as the ACC - Round
Rock Campus Tract) (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Lee Heckman, Principal Planner
Justification:
This is a petition for voluntary annexation. This tract of land is across CR122 from the
existing Higher Education Center and is to be acquired by the Austin Community College for
a new higher education campus, the second ACC Campus in Williamson County and first in
Round Rock. As such, this tract will be used for classroom and related educational facilities.
City staff concurs with the annexation petition because it allows the City to control the
development of this area. Municipal services, such as water and wastewater service, will be
extended as part of the subdivision process.
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.
Public Comment:
Public notice is not required for voluntary annexation, in accordance with Section 43.028 of
the Texas Local Government Code.
RECORDED
DOCUMENT
FOLLOWS
w IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiI ORD 200$007712
11 PGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, SARA L. WHITE, 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-08-01-24-9135, which annexes 60.023 acres of land out of the Abel Eaves
Survey, Abstract No. 215, Williamson County. This ordinance was approved
and adopted by the City Council of the City of Round Rock, Texas at a meeting
held on the 24th day of January 2008 and is recorded in the City Council
Minutes Book No. 56.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 29th.day of January 2008.
�tk,L
y" •
SARA L. WHITE, City Secretary
ORDINANCE NO. k'00'01'ZT"
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
60.023 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY,
ABSTRACT NO. 215, 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 60 . 023 acre tract of land out of the Abel Eaves
Survey, Abstract No. 215, 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\080124BS.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 2008 .
4
Alternative 2 .
READ and APPROVED on first reading this the day of
2008 .
READ, APPROVED and ADOPTED on second reading this the
day of 2008 .
NYL E May
Cit o ound Rock, Texas
ATTEST:
Ajm;tt
SARA L. WHITE, City Secretary
5
Avery-ACC
60.023 Acres Tract
Page I of 4
DESCRIPTION
FOR A 60.023 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES
SURVEY, ABSTRACT 215 IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY
RANCH COMPANY, LTD, OF RECORD IN DOCUMENT NUMBER
2002071336, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 60.023 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at '/2" iron rod found on an angle point in the east boundary line of a called 98.20
acre tract of land in deed to The State of Texas of record in Document No. 2005098710 of the
Official Public Records of Williamson County, Texas, same being an angle point in the west
boundary line of said 1200.19-acre tract, for an angle point in the west boundary line and
POINT OF BEGINNING hereof:
THENCE with the east boundary line of said 98.20-acre tract, same being the west boundary
line of said 1200.19-acre tract, the folio«ling two (2) courses and distances:
1. N 17°19'52" W for a distance of 666.57 feet to a calculated angle point hereof, and
2. N 17°11'24" W for a distance of 636.50 feet to a calculated point for the northwest
cornea-hereof:
THENCE departing the east boundary line of said 98.20-acre tract, through the interior of said
1200.19-acre tract. the following two (2) courses and distances:
1. N 69'37'13" E for a distance of 770.73 feet to a point of curvature in the north boundary
line hereof, and
2. With the arc of a curve to the right having a radius of 25.00 feet, a delta angle of
83009'08", an arc length of 36.28 feet and a chord which bears S 68'48'13" E for a
distance of 33.18 feet to a point in the curving west right-of-«gay line of County Road
112 (120' right-of-way width), said point being a point of tangency and the northeast
corner hereof.
EXHIBIT
"A»
Avery-ACC
60.023 Acres Tract
Page 2 of 4
THENCE continuing through the interior of said 1200.19-acre tract, with the west right-of-way
line of said County Road 112, the following four(4) courses and distances:
1. With the arc of a curve to the left having a radius of 2150.00 feet, a delta angle of
18°19'53", an arc length of 687.88 feet and a chord which bears S 36°23'35" E for a
chord distance of 684.95 feet to a 1/2" iron rod, with plastic cap stamped "Baker-Aicklen",
found for a point of tangency hereof..
2. S 45°33'32" E for a distance of 831.76 feet to a 1/2" iron rod, with plastic cap stamped
"Baker-Aicklen", found on a point of cunTature hereof.
3. With the arc of a curve to the right having a radius of 2050.00 feet, a delta angle of
18°47120'', an arc length of 672.26 feet and a chord which bears S 36°09'52" E for a
distance of 669.25 feet to a 1/2" iron rod, with plastic cap stamped "Baker-Aicklen found
on a point of tangency hereof, and
4. S 26'46'12" E for a distance of 22.85 feet to a point of curvature and the southeast
corner hereof:
THENCE departing the west right-of-Nway line of said County Road 112, through the interior of
said 1200.19-acre tract, the following three (3) courses and distances:
1. With the arc of a curve to the right having a radius of 25.00 feet. a delta angle of
84050'17", an arc length of 37.02 feet and a chord which bears S 15'39'17" W for a
distance of 33.73 feet to a calculated point of tangency in the south boundary line hereof..
2. S 58°04'46" W for a distance of 1219.77 feet to a calculated point for the southwest
corner hereof, and
3. N 39°52'43" W for a distance of 223.95 feet to a 1/z" iron rod found on a point being an
angle point in the east boundary line of said 98.20-acre tract, same being an angle point in
the west boundary line of said 1200.19-acre tract, for a point in the west boundary line
hereof,
Avery-ACC
60.023 Acres Tract
Page 3 of 4
THENCE with the east boundary line of said 98.20-acre tract, same being the west boundary
line of said 1200.19-acre tract. N 39°52'43" W for a distance of 911.14 feet to the POINT OF
BEGINNING hereof and containing 60.023 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System. Central Zone NAD 83 per GPS survey perfonned during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October, 2007:
A 5.1;zo 0
Parker J. Graham dQ R��•yN
Registered Professional Land Surveyor No. 5556 ••6�••••••••°°••••••••••�•°•
PARKER GRAHAM
BAKER-AICKLEN & ASSOCIATES. INC.
s 9 5556
405 Brushy Creek Road �,
Cedar Park, Texas 78613 'G• C>
(512) 260-3700
�U�
Job No.: 0608-2-002-23
Filename: W:\PROJECTS\AVERY-ACC\ACC-ZONINIG\IvIETES BOUINTDS\60.023 ACRE
TRACT.DOC
SKETCH TO ACCOMPANY DESCRIPTION
AVERY RANCH CO.,LTD
DOC.NO.2002071336 I CALCU�TED
CALCULATED �P01 IT
I
POINTN 69037'13"E 770.73' ` p r
O 0 -c
R=25.00' p
DELTA=83°09'08" 'n,n
co ARC=36.28' 1 o =
Co BRG.=S 68°4813"E
3 CH.=33.18' _
N \
SCALE: 1"=300'
R=2150.00'
Z
DELTA= 18°19'53" \
ARC=687.88' \
BRG.=S 36°23'35"E
CH.=684.95'
1/2"IRON ` I
ROD FOUND WITH \ I
"BAKER-AICKLEN"CAP
r`
co N
co
to ABEL fr--,IAVES SURVEY
CD
60.023 ACRE TRACT
Qo
Hrl-
(CALLED 1200.19 ACRES) O \
Lu o Z AVERY RANCH COMPANY,LTD
p U o L0; U DOC. NO.2002071336
Lu Q POINT OF OFFICIAL PUBLIC RECORDS TEXAS STATE
Q oN O WILLIAMSON COUNTY,TX UNIVERSITY SYSTEMS
co z 0- BEGINNING 101.376 ACRES
V) rn 1/2"!RON
w U O ROD FOUND �� r DOC. NO.2004014440
o �� S rKr�Cl r J�1 D. ? J J O.P.R.W.C.,TX
1/2"IRON
ROD FOUND WITH \
"BAKE R-AICKLE N"CAP
R=2050.00' \
2 DELTA= 18°47'20"
�, ARC=672.26' \
BRG.=S 36°09'52"E \
CH.=669.25'
1 1/2"IRON
\ ROD FOUND WITH
"BAKER-AICKLEN"CAP
R=25.00'
DELTA=84°50'57" S 26046'12"E
ARC=37.02' 22,85'
f BRG.=S 15°39'17"W
112'°IRON CH.=33.73'
' RODFOUND L
CALCIIjLATED
To S 5B-04'41,"N
'do1219 77 ` P NT
. I I
CALCULATED I I
POINT
AVERY RANCH CO.,LTD
DATE:NOVEMBER 5,2007 DOC. NO.2002071336
BY: PJG
O.P.R.W.C.,TX ��BAKER-AICKLEN 405 BRUSHY CREEK RM
JOB NO.:0608-2-002-23 S+ ASSOCIATES, INC. CEDAR PARK,TX7B513
PAGE 4 OF 4 Engineers - Surveyors - GIS - Plannina ISIz)z5637M
\N:\PROJECTSIP.VERY-ACC\ACC-ZONINGI.D\�IG\Ave-y-ACC Zoning-Annex.dwo IACC 77 No,ember 06.2007-1:56pm
Ordinance No. A-08-01-24-9B5
Annexing 60.023 acres of land
AFTER RECORDING,PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK,TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2008007712
. dam
01/30/2008 02:37 PM
CMCNEELY $56.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS