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A-08-07-24-9C3 - 7/24/2008ORDINANCE NO. / OS- 64 -24-96 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 13.457 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, 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 Tract Four (6.860 acres), Tract Five (4.184 acres), and a 2.413 -acre Tract, totaling 13.457 acres out of the Thomas Toby Survey, Abstract No. 625, in Williamson County (the "Property"), which are more particularly 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 0:\WDOX\ORDINANC\080724C3.DOC/rmc complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore 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. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to 2 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, and to this end the provisions of this Ordinance are declared to be severable. 3 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 24- day of , 2008. 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. 4 AMCGRAW, Mayor City of Round Rock, Texas SARA L. WHITE, City Secretary 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: J Title: President of CJAC, Inc. SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by h • ic'v$ Ptu=s ° this 5 day ofcvYl�.. , 2008, A.D. L,C Notary Public, State of Texas BIIIIE CLEVENGER Notary Public, State of Texas My Commission Expires October 10, 2009 1 Charles N. Avery, III, ee of the Children of Lucille Sharp - Trusts, the Charles N. Avery, III empt Trust, the John S. Avery Exempt Trust, the A. Nelson Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust ,, c SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by (\&'\-e . / x \ 11� �+fU•�} E e _ this D day of ,, 2008, A.D. n otary Public, State of Texas NAOMI K. PERSAUD Notary Public, State of Texas My Commission Expires AprIl 01, 2009 Annexation or City Limits Extension Page Project No. 1774-2-002 S. Avery, Trustee o the Children of cille 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 J o h N S. 4- v6 4, this a 5 ""# day of �, — , 2008, A.D. No Public, State of Texas r BILLIE CLEVENGER Notary Public, State of Texas My Commission Expires October 10. 2009 i 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 Notary Public, State of Texas 1CAllt C Lt -0 CLO -Ott Lucille Christina Avery Fell, Truste f 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 , 2008, A.D. SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by L this -,: L' S 6�,� �� S Notary Public, State of Texas TR Notary Public STATE OF TEXAS My Comm. Exp. 12-05-09 For Office Use Only , A.D. DATE RECEIVED: OCU /aCei g - V jet LOCtl CITY COUNCIL HEARING: 01774-2-002\Annexation or City Limits Ext A & M Addition 6-12-08.doc A. Nelson Avery, T the Children of Lucille S arp 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 it, zdelsen A.D. this o2O aj day of Notary Public, State of exas Lucile 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 DIANE M. ELLISON MY COMMISSION EXPIRES SEPTEMBER 15, 2008 , 2008, SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by this day of , 2008, A.D. Notary Public, State of Texas TRACT F0UR Ae tn. 1 ot2 TRACI'MIR ASC PTi ori AOIE TRACT Of LAND SITUATED IN THE `"i"f O ' OBY V?. ABSTRACT 625 IN WILLIAMSON COUNTY, Th - MIS OF A REMNANT PORTION OF A CALLED 1200.19 ACRE Til.dgr CM TO AVERY RANCH COMPANY. LT., .` No. =AM 336 IN THE OFFICIAL .PUBLIC RECOPAOS co r , TEXAS,ISAPLAT. 6.86t ACRE TRACT, AMINO SU E MORE PARNEULARLY AND g4 S AS Fs s': hon t d, with plastic cap stamped "ice€ Ai 1rdcn", set E:a fit I Itna of County Road 11,E (120'n =t f wad' widihN 41163 i4 Remnant Boni," being also in the vet , line of a 30' Ootnuttemfilo.. 200035520 In the Offatial. Public Regalia corn and POINT QF BEING beettn4; ItakevAieklen" found in the south 141111NOway of northeast comer of sat4 Re ant Poftioa, at to t0 the w :' line of Faue.40- int Road 1460 tt+ N ,85s ,* 41"1! a dim of 744,49 feet: ;i t.soutta Porgy y lime of said County .Aoad 112 mooing g five (5) masa and harms: 'W fat .a 40aotle o f 4 .68 tit, .440411 tb' won .tom to a' " iron rod ‘vi : pitedc cap stamp *St keMiatest a distance of 159.06 feet, aloes the tib a 'Ai' Iron red with plastic cep std fe r t<:41sawee of 434142 feet to a 14" : rod with *ado alcP 10049011 r` set, for d e. west air hit W fora (OS*1190 of 2101.70 lett to a 'lel" ire rod " wit plastic cap *roped .d " set atan angle paint beceof, and EXHIBIT TUMOUR 6.800 Alge Tica Pow 2412 1+054 13/ 4"W for a distame of 229AI feet to a V2" iron rod with plastic cap atm* sot lit the south right-o,way line of County Road 1114 alto ham* ary line ofsaid Remnant Portion, for the northwest comer hereoryfront vithic1 a %titre**. rod wa/k plastic cap stamped litaker-Aieldenn found in the sotith orOcasatlioad 112. at° boing the north bouncing., of Ow said Remnant Polio% on 1:Kati of -outman bents. S 03' 43" W a distance of 33,90 feet 43" E along the 10001 right-of-way line of County Road 112, rolif Remnant Portion, for a distance of 71129 feet to • andotattiliiing 6.860 eras of Ian& harem al* **framed to Grid North for the Texas State Plane Coottilnate NAD 03, per Ciry of Round Rock Nkomo= 01-011 and 01.0404 Sum* undertitelittect suporvision of the tutdersigned during April, 20011: MOW TRACT -400C . „ • TRACT FIVE 4444Aue 'row( %plot? TRACT FIVE DESatirlION Mt A 4.184 ACRE TRACT OF LAND SITUATED IN THE ThO7. SURVE•Y. AI3STRACT 625 IN WILLIAMSON COUNTY, TEXAS, OP A RFMNANT PORTION OF A CALLED 1200,19 ACRE stucr TO AVERY RANCH COMPANY, LTD, OF:' O.' ;I DOVMET 1336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON SAO- 4.184 ACRE TRACT, AS SHOWN OH raz SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED UNDS AS FOLLOWS: ay NCE eta lash iron rod. with plastic, stampedker,Akkket#40/lii ;I' UP °Mum/ Road 12 (12 .of.way widdrit Sar the nnni! Portion, at the north trantirson point to ihroseattight.ofe 1 1460(80' tighNztf.,*ay width); i the 'sou* right.oPway line of said. Counw Road 112, being also the meth, bOtitidir*.11 S SS° 03' 4.3 tv -for a distance of774A9.140 to a WI' bon torkwgistaiotic! Wee set irt 6*v/est-line of a 30' wide yoestorWater easement a:.tootitiasi 03.5370 in the </ffithit'...1:Piihtie Records of Williamson County, Isnot south eight.of.way line of said Cour Read 112 crossing ththegh Portico, 0 vtlifeS1 tine of said 30' wide wastewater eax*, the andithstanaes: 21" W for a distance of 418.68 fect to a W' iron rod with plastic carp stamped set &ran angle Point. W for AWN* 2.15„32 feet to a %vizor' toti with plastic litalaisKI set fin an angle pointrand r V/ for a 4stnege of 316.28 feet to a Imo rod w set forthe northeast corner and POINT OF go, thOtlittl -0041 ReMilgit Portion, the followings'*(6) courses and distances: Ort W far.% diStlinC03416U feetotiong thc west line of said 30* v4tirr saunrreen, los 1,i1' iron nd with platdc cap staraped sott for 10014 W tot a distriaci: al 548.49 feet, along the west ilite niki -)rf wide tkesgrnent, to a 'A" iron rod with plastic cap stamped lbriatt-Aidicir set -Iteltot TRACT EWE 4.014 Aae Traa Nivel oft 3. 879° 44' o" W fora distance of 160.44 feet to a VI" iron rod with plastic cap starncedt Aickten' set for the southwest corner he 4. N mr IV Sl" W for a distance of 256.9$ feet to a V? iron rod with plutie cep Stank "Baker -Mi " sea for an angle -point hereoC 5. 17.1,x° 43 E for a dim Of 317.68 feet to a 1,1" inort rod with P1 oa atemgod "Baker Moltke ' set for a northwest corner hereof, and + > W809 Zr 14" h for a distance of 417.16 feet to the POINT OP SEGIN14134Cletreciandi x twntithting4184 acres of land .4holtnt hen nre referenced to Odd North for the 'feints State tient Cutty Zom HAO 83; per titrofRoned Rack Mcmtu'ts'01.O11 and 01-040, Surveyed underthe direct supervIttiottef the undersigned during April, 2008: & /� �'! Surveyor No;/.�. 56 Ai3S A 3 INC. -13 10 V A 1,7fRAC $: .. F USD AND OFFICIL tent newt a: ftp, carac UAW UZI.t..1 ,,a' 2.413 Acre Tract Page 1 of 3 DESCRIPTION FOR A 2.413 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.413 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/2" iron rod with "Baker-Aicklen" cap found on an angle point in the south right-of-way line of County Road 112 (120' r.o.w. width), same being an angle point in the north boundary line of said Remnant Portion, for the northernmost northeast corner and POINT OF BEGINNING hereof; THENCE continuing with the south right-of-way line of said County Road 112, same being the north boundary line of said Remnant Portion, S 44°39'00" E for a distance of 63.62 feet to a '/2" iron rod with "Baker-Aicklen" cap found on a point in the curving west right-of-way line of Farm to Market 1460 (80' r.o.w. width) for the easternmost northeast corner hereof; THENCE continuing with the west right-of-way line of said Farm to Market 1460, the following two (2) courses and distances: 1. With the arc of a curve to the right having a radius of 1106.28 feet, a delta angle of 04°08'38", an arc length of 80.01 feet and a chord which bears S 10°15'47" W for a distance of 79.99 feet to a TXDOT concrete monument found on a point of tangency hereof and 2. S 12°20'39" W for a distance of 664.60 feet to a '/2'' iron rod with "Baker- Aicklen" cap set for the southeast corner hereof; THENCE departing the west right-of-way line of said Farm to Market 1460, through the interior of said Remnant Portion, S 86°49'33" W for a distance of 63.65 feet to a'/2" iron rod with "Baker-Aicklen" cap set on a point in the curving east boundary line of a called 15.000 acre tract in deed to The Board of Regents of the Texas A&M University System of record in Document No. 2008042410 of the Official Public Records of Williamson County, Texas, for the southwest corner hereof; 2.413 Acre Tract Page 2 of 3 THENCE with the east boundary of said 15.000 -acre tract the following two (2) courses and distances: 1. With the arc of a curve to the left having a radius of 4950.00 feet, a delta angle of 08°11'03", an arc length of 707.05 feet and a chord which bears N 00°29'46" E for a distance of 706.45 feet to an iron rod with "TXDOT" aluminum cap found on a point of nontangency hereof and 2. N 49°24'12" W for a distance of 77.75 feet to an iron rod with "TXDOT" aluminum cap found on a point in the south right-of-way line of the aforementioned County Road 112. for the northwest corner hereof; THENCE with the south right-of-way line of said County Road 112, N 85°03'43" E for a distance of 228.96 feet to the POINT OF BEGINNING hereof and containing 2.413 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during July, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 cr7 02/2vc6 Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&M\METES-BOUNDS\Avery A&M Lot 2.DOC 096E 108trn of wLVd / f 1 iCh DOC NO 71M,71- N'FK#t COR Y.Y<i NYl.l�lSflN�:'W,RY 1iYh4 DATE: July 15, 2008 SUBJECT: City Council Meeting—July 24, 2008 ITEM: 9C3. Consider an ordinance annexing 13.457 acres located near the Southwest corner of County Road 112 and A.W. Grimes Boulevard/FM 1460 (also known as Avery Tract 1) (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 lies at the southwest corner of County Road 112 and A.W. Grimes Blvd. The tract includes approximately 13 acres. The two large interior tracts will serve as drainage facilities for the adjacent proposed Texas A&M Health Science Center campus; the perimeter tract, part of an approved subdivision plat, has been reserved for future AW Grimes right-of-way. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land is currently 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 1111111111111111111111IIIIIIIIIIIIIIIIII 111111111II :R5DpGs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2008059174 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 -08-07-24-9C3, which annexes 13.457 acres of land out of the Tomas Toby Survey, Abstract No. 625, in Williamson County located near the Southwest corner of County Road 112 and A.W. Grimes Boulevard (also known as Avery Tract 1). 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 July 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 25th day of July 2008. ntvm.. 1'1/eLU�k SARA L. WHITE, City Secretary ORDINANCE NO. k- os- 64 -24-- AN 2 -- AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 13.457 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, 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 purnt to Chapter 9, Local Government Code, as amenc `ed, and `WHEREAS, pursuant to Section 43.028, Local =Government Code the owners of Tract Four (6.860 acres), Tract Five (4.184 acre), and a 2.413 -acre Tract, totaling 13.457 acresout of the Thomas Toby Survey, Abstract No. 625, in Williamson County (the "Property"), which are more particularly 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 0:\WDOX\ORDINANC\080724C3. DOC/rmc complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore 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. H. 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. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to 2 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, and to this end the provisions of this Ordinance are declared to be severable. 3 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 24day of , 2008. 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. 4 SARA L. WHITE, City Secretary AMCGRAW, Mayor City of Round Rock, Texas 5 ANNEXATION OR CITY LIMITS EXTENSION EXHIBIT .0 nAn a 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: J S. Avery Title: President of CJAC, Inc. SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by A i • �'v-g Pt s a r— C.J,ac a.., this day of -&-WVQ ., , 2008, A.D. _101:t( j Notary Public, State of Texas BILLIE CLEVENGER Notary Public, State of Texas My Commission Expires October 10, 2009 Charles N. Avery, III, ee of the Children of Lucille Sharp • - Trusts, the Charles N. Avery, III empt 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, by6(1Cior . Niex 4 }\ this 20 • day of , 2008, A.D. tary Public, State of Texas rte' ,,,,,,,,,,,, ?a,.aYPyse,, NAOMI K. PERSAUD * ,;•_ Notary Public, State of Texas �• �\ i My Commission Expires '`'� April 01, 2009 �(O Illlaaa Annexation or City Limits Extension Page Project No. 1774-2-002 C ig2Z /1-44/75a— S. Avery, Trustee o the Children of cille 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 ,J o h w S. , - v6 --7—Nvx 51° e–e" this 07 S ' bitday of 'J—,j A , 2008, A.D. No ry Public, State of Texas tItYCZ'•- BILLIE CLEVE,NGER i Notary Public, State of Texas _.;. = My Commission Expires _'•%;;,�°� October 10, 2009 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 , 2008, A.D. Notary Public, State of Texas AcAlt(4,Act,t,t,vuo Lucille Christina Avery Fell, Truste6of 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 IelL) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by L -Ac 1f I - this -2,-,3,,,.-f • y 20 1.. /7�aY P( \ TR . V NotaryPublic S �* STATE OF TEXAS �� of �i}� My Comm. Exp. 12-05-09 Tis 0 Notary Public, State of Texas 400. , A.D. For Office Use Only DATE RECEIVED: QCt /aG/ gj �v Ise. 14 CITY COUNCIL HEARING: 01774-2-002\Annexation or City Limits Ext A & M Addition 6-12-08.doc A. Nelson Avery, T the Children of Lucille S arp 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 i /j%sen A.D. a, this ,,we day of Notary Public, State of exas Lucile 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 DIANE M. ELLISON ' MY COMMISSION EXPIRES fi SEPTEMBER 15.2008 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by this day of , 2008, A.D. Notary Public, State of Texas 1M T FOUR e - Uttgcl ot1 TRACT FOUR DFSCRITTION FOR ; °6,460M 'TRACT OF SITUATED IN "f £f3tithis Taw wriay. Afistp.AcrAzIN Virg4IAMSON COUNTY, =, MIRO A tienlOit OF A REtewgr PORTION OF A CALLED 1203419 Atm TO AVERY RANCH COMPANY, LTItt, OF oocutur No. 1336 1N THE OFFICIAL Fi1B C Rgodgps viztAligson COPITY, TEXAS, SAID 6,860 mat T1 tAcr, A isno \VC sliRVEY PLAT, is fitORE P LU LA' UX AND BO S AS FOLLOWS: a W `.. to rod. with }Tic cap stamped "F1 k! Aioktcnr, ser Ort align% Ana of Com :fid 112 (120'rig 'of y wilt)* also Wag ii aot Bion, being also in the west line of a 30' wick . 200403=0 in the Off sintPublic and MIT OF REOMING `" riAicklen" found in the south taxiberfy northeast cornet of sral R an% au to the West tightlorweay Vie of Fann-lo-M et Road 1460 i N 854` a 4 a d of 744.49 feet: ti the south n- way line of said Com Road 112, crossing through f1 Portion, the -Mowing Eve (5) and dim; for a distance of 418.68 ftp, aiong the w _i3 of 11010Y witilel .t, to a W' rod with plastic cap stamped almt-AF'' se 2:4 W Rtr. a dice of 159.06 feet, .along the wtst Ho.o, to a 4' iron rod with plastic cap stamped 44Uker er for S. Attnone 003,42 feet to a 's".' Iron rte •with " *t'r the -southwest collet bet of; t.. fora distance of .#4) fest to a W' iron rod with lc cv set at an An& point hea04 sod TRACT POUR 6.8§0 Atm Taw faa2of2 5„ ti3/ 11? for a distance of 219.01 feet to a Y2" WM rod with pita& cap stem* ; INticer-Aink/Inr set in the south rigln-of-way line of County Road 1.04. aito Wog natihboundary ofsaid Remnant Portion, for the nothwesn corner hereofrfront * a W' troll red vitith, plastic cap stamped "Baker.Aickilen" found in the sohdi 4**of-way be Of Coutfiy'Road 112, also being the north bourniaty of the said Remilant NIP" at tiOnt CifOurVittUrt beam S -854' 03443" W a distance of53.90 feet; Wittiterate0 41" E along the south right-of-way line of County Road 1124 **holing* Ue szd cwt Portion, for a distance of 71129 feet -to theIVINT ;,,,P,t%/0 tE aridoontainh* 6.86V sores of Ian& r hereon an, referenced to Grid isforth for the Texas State Plow Cooainat41 ince )4Att 83,, per City of Round Rock Monumeras t}3-011 anc141.04,01 041,0014 takder'thedireel sapectrisioa orthe undersigned daring April, 20C& I JAW Survey% Wo. 55% ASSaCIATES, 1410444. JA • • • . VERY AattiRMErES-001314.DE4IRACT44DOC t ; : • = t TRACT Mt 41„4otat Thia $e1 oti TRACT ME nitscRirrioN A 4.184 AVM TRACT (W LAND SiTUATED IN nig moms Texre owsrmer 625 114 WiLLIAMSON c)umv, TENtAs, Asoto A 611P A t.' ANT KAMM (W A CA-WM-1200,19 ACRE Viotcr O AnitY RANCH COMPANY, LTD, OF RECORD AS yemn' 200207u36 IN ME 'OFFICIAL PUBLIC RECORDS OF WILLIAMSON 6001T14 O. SA,41)- ki-S4 ACRE TRACT, AS SHOWN ON THE A *" WING SURVEY PLA.T, IS MORE PARTICULARLY DUMBED WOOS AS PLOWS CV IA * int* IOW tod. with plastic cap stamped "8akerAleitker4kna4i r0,1 1110 of CouolY Road 112 (I 2�i-ofiway widtl*for the no* owttti1said Room= Portignlithe north transifmn point to iht,westvighturk Maititot ROad 1460 (80' tight.ollway width); south tightoPway line of said County Road 1 1 2, being also the north bound** tins S 03t 43" * for a distance of174.49 letkra tts a W' iron tg*Waitt41000 Witte set hstbe west -line of a 30' wide waStowaitr easement of 035520 in the </ifitsia4•1 Pohlic Records of Williamson CPantY• 1."X,01 $04* light.of-war line of said County Road 112 crossing Pooh*, elong tite west lint of said 30' widt watatwitter eit$01004 gte itaddislatiaa4 1, 2; 21" W for a distance of 418,68 feet to a W hut rod with plastic pod ,,Aieltior set 'Oren extglePolot, Pri Vfore calomel) Of 245.32 feet to a W' hui god with Mastic cap•owed set ibr an angle pointrand W for etalanao of 316.28 kat to a Pi" iron rod with set fortha nonheast cornet and POINT Or eon* said Rem Portion, the foiloWing sin (6) courses and distintam k *Or• 1W Alto distant XII • faelvalong . the. weat ofsaid 0'w1d tatiOttnant4toa.4 Iron nod whIA:plastic cap .star1pe4 "BliktrAiairkar att, Thrina *02 2.W Or a alialhoOO' 5410.49 feet, alnItg she west Of 0004.141)t) (641 W Iron nal with plastic c stamped "B*Aide aolOarboItOt 1 RECORDERS MEMORANDUM , All or part of the text on this page was not clearly legible for satisfactory recordation. T1tAt T ENE 4:144 Aat Trac il. of 2 • 1 i 70° _44' 9" W tier a distance of 1 .14 feet to a %z" iron rod with plastic cep stenveds "B c+er-Aiekke set for the southwest .corner hereof, 4., N to° IV S1" W fora dim of 256:18 feet to a y" 'rt+ota rod with lie ski "Bad Aicltle r sex for MI engle-pointhereoC 5. 14 .13° 22' 43" .E for a distarteo dicta'of 317.68 feet to a W" iron grid with plods . cap stanipedi. "De es Akkkn" set forte nc 'diwesi comer hereof and 141109 X34 14" L for a distance of 417.76 feet to the POINT QF EtEGINNING• cooitehing 4.104 ewes of Land. oarrat herreon ate reforonccd to Chid North for the Texas State Plane C;.c 'r tci Oligtiltal Zone HAO 83, per i1 o beet Rock Mo m ts•41 •-011 and. 01 -0441 tte dimet stipervittibit of the undersigned during April, 08: I- .and. Sttrvet r -No. 5356 & ASSOCIATES, INC. Rued 185=13 i; ,, 17744401411 11 -ldka_e; WonctjECTSkik A&MIMETES-110t3NDSATRACIS,DOC Fzurre AND MIL PULE e 004$12001 WOON .% tio4 PONOY t, UMW, -COUNTY CLUNK utLkINANON COUNTY, =MVP 2.413 Acre Tract Page 1 of 3 DESCRIPTION FOR A 2.413 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT 625 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A REMNANT PORTION OF A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD, OF RECORD AS DOCUMENT No. 2002071336 IN THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 2.413 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a ''/2" iron rod with "Baker-Aicklen" cap found on an angle point in the south right-of-way line of County Road 112 (120' r.o.w. width), same being an angle point in the north boundary line of said Remnant Portion, for the northernmost northeast corner and POINT OF BEGINNING hereof; THENCE continuing with the south right-of-way line of said County Road 112, same being the north boundary line of said Remnant Portion, S 44°39'00" E for a distance of 63.62 feet to a 1/4" iron rod with "Baker-Aicklen" cap found on a point in the curving west right-of-way Line of Farm to Market 1460 (80' r.o.w. width) for the easternmost northeast comer hereof; THENCE continuing with the west right-of-way line of said Farm to Market 1460, the following two (2) courses and distances: 1. With the arc of a curve to the right having a radius of 1106.28 feet, a delta angle of 04°08'38", an arc length of 80.01 feet and a chord which bears S 10°15'47" W for a distance of 79.99 feet to a TXDOT concrete monument found on a point of tangency hereof and 2. S 12°20'39" W for a distance of 664.60 feet to a '/2" iron rod with "Baker- Aicklen" cap set for the southeast corner hereof; THENCE departing the west right-of-way line of said Farm to Market 1460, through the interior of said Remnant Portion, S 86°49'33" W for a distance of 63.65 feet to a 1/4" iron rod with "Baker-Aicklen" cap set on a point in the curving east boundary line of a called 15.000 acre tract in deed to The Board of Regents of the Texas A&M University System of record in Document No. 2008042410 of the Official Public Records of Williamson County, Texas, for the southwest corner hereof; 2.413 Acre Tract Page 2 of 3 THENCE with the east boundary of said 15.000 -acre tract the following two (2) courses and distances: 1. With the arc of a curve to the left having a radius of 4950.00 feet, a delta angle of 08°11'03", an arc length of 707.05 feet and a chord which bears N 00°29'46" E for a distance of 706.45 feet to an iron rod with "TXDOT" aluminum cap found on a point of nontangency hereof and 2. N 49°24'12" W for a distance of 77.75 feet to an iron rod with "TXDOT" aluminum cap found on a point in the south right-of-way line of the aforementioned County Road 112, for the northwest corner hereof; THENCE with the south right-of-way line of said County Road 112, N 85°03'43" E for a distance of 228.96 feet to the POINT OF BEGINNING hereof and containing 2.413 acres of land. Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate System, Central Zone NAD 83, per City of Round Rock Monuments 01-011 and 01-040. Surveyed under the direct supervision of the undersigned during July, 2008: Parker J. Graham Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 O7/O2!2vc}S Job No.: 1774-2-001-10 Filename: W:\PROJECTS\AVERY A&MIMETES-BOUNDS\Avery A&M Lot 2.DOC !!!!!TT1 !rism 7!!1!R \`� _J� g f i t041 ;N O.b.0a1 00yt �3xebYl 04 hetrd a^v zr rte" e'°,R,;rint / moc- GOO NO m,rtNCsw WOW. OAL,C.KCOOS RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. DATE: July 15, 2008 SUBJECT: City Council Meeting—July 24, 2008 ITEM: 9C3. Consider an ordinance annexing 13.457 acres located near the Southwest corner of County Road 112 and A.W. Grimes Boulevard/FM 1460 (also known as Avery Tract 1) (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 lies at the southwest corner of County Road 112 and A.W. Grimes Blvd. The tract includes approximately 13 acres. The two large interior tracts will serve as drainage facilities for the adjacent proposed Texas A&M Health Science Center campus; the perimeter tract, part of an approved subdivision plat, has been reserved for future AW Grimes right-of-way. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land is currently 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. EXHIBIT 200. 371336 15 1=49S TRUSTEE DISTRIBUTION DEED Date: 5sp eto$14itar // , 2002 Grantor: Charles Needham Avery, III, Trustee of the Exemption Equivalent Trust (the "Trust") created under the will of Charles Needham Avery, Jr., Deceased. (The Trust terminated on September 15, 2001. The undersigned Beneficiaries ofthe Trust [being, Charles N. Avery, 111, John S. Avery, A. Nelson Avery, and Lucille Christina Avery Fell] have joined in. this Deed in order to direct the Trustee of the Trust to convey the real property assets ofthe Trust described below directly to Avery Ranch Company, Ltd., a Texas limited partnership which is owned and controlled by such Beneficiaries.) Grantors' Mailing Address: c/o John S. Avery, 2803 Pecos Street, Austin, Texas 78703 Grantee: Avery Ranch Company, Ltd., a Texas limited partnership Grantee's Mailing Address: c/o John S. Avery, 2803 Pecos Street, Austin, Texas 78703 Consideration: Ten Dollars and other good and valuable consideration. Property: All of Grantor's undivided seventy-five percent (75%) fee simple interest in and to those certain tracts or parcels of land (the "Land" and the "Property") described as follows: "PARCEL TWO (Wallin Harm)": All of that certain tract or parcel of land consisting ofthe following tracts: Tract 1: Being all of that certain tract or parcel of land containing 1200.19.acres, more or less, situated in the Thomas Toby Survey No. 200, Abstract No. 624, the Thomas Toby Survey No. 201, Abstract No. 625, the Abel L. Eaves Survey, Abstract No. 215, the Barney C. Low Survey, Abstract No. 385, the Thomas Glasscock Survey, Abstract No. 255, and the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas, said tract being more particularly described by metes and bounds as the First Tract of the Ninth Tract in Deed recorded in volume 305, Page 228 ofthe Deed Records of Williamson County, Texas; SAVE AND EXCEPT THEREFROM, all of that certain tract or parcel of land containing 81.87 acres, more or less, situated in the Barney C. Low Survey, Abstract No 385 and the Abel L. Eaves Survey, Abstract No 215, Williamson County, Texas, said tract being more particularly described by metes and bounds in Deed recorded in Volume 466, Page 112 of the Deed TRUSTEE DISTRIBUTION DEED WN.L1N AND EKVALL FARMS August 26, 2002 1 Records of Williamson County, Texas; and FURTHER 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 Barney C. Low Survey, Abstract No. 385, the Thomas Toby Survey, Abstract No. 625, and the Thomas Glasscock Survey, Abstract No. 255, Williamson County, Texas, said tracts being more particularly described by metes and bounds in Deed recorded in Volume 431, Page 347 of the Deed Records of Williamson County, Texas; and FURTHER SAVE And EXCEPT THLREFROM a 27.03 acre tract of land in the Willis Donaho Survey, Abstract No 173, Williamson County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit E attached hereto and made a part hereof TRACT II: That portion of the 114issouri-Kansas-Texas Railroad right-of-way conveyed in instrument recorded in Volume 773, Page 652 of the Deed Records of Williamson County, Texas, which is appurtenant to Tract I of Parcel Two hereof. TRACT 111: Being all of that certain tract or parcel ofland containing 57.58 acres, more or less, situated in the Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas, said tract being more particularly described by metes and bounds in Deed recorded in Volume 466, Page 116 of the Deed Records of Williamson County, Texas. TRACT IV: Being all of those certain tracts of land containing 25.29 acres of land and 1.72 acres ofland in the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas, said tracts being more particularly described by metes and bounds shown on Exhibit F attached hereto and made a part hereof. "PARCEL THREE (Ekvall Farm)": All of that certain tract or parcel of land consisting of the following tracts: TRACT I: Being all of that certain tract or parcel eland containing 300.43 acres, more or less, situated in the Thomas Glasscock Survey, Abstract No. 255, and the Joseph Mott Survey, Abstract No. 427, Williamson County, Texas, said tract being more particularly described by metes and bounds as the Second Tract of the Ninth Tract in Deed recorded in Volume 305, Page 228 of the Deed Records of Williamson County, Texas. TRACT II: That portion of the Missouri -Kansas -Texas Railroad right-of-way conveyed in instrument recorded in Volume 773, Page 652 of the Deed Records of Williamson County, Texas, which is appurtenant to Tract 1 of Parcel Three hereof. Together with any improvements and all appurtenances, including all the rights, ways, waters, privileges and alleys serving the Land or the improvements or in any wise appertaining; all right, title and interest of Grantor in any land lying in the bed of any street, alley, road, avenue, creek, river or stream, existing or proposed, in front of or adjoining the Land; development rights, development agreements, and other similar agreements with any TRUSTEE Disnummou DEED WAUJN AND EKVALL FARMS August 26, 2002 2 municipality or other governmental authority, and all other development rights and benefits associated with the Land; and all of Grantor's right, title and interest in and to any strips or gores of land lying between any boundary fence and the record fee simple title boundary line of the Land (herein called the "Appurtenances"). The above described Parcel Two and Parcel Three are the same as described in Special Warranty Partition Deed recorded in Document #9843837, Official Public Record of Williamson County, Texas. This conveyance is made and accepted subject to any and all easement, covenants, conditions and restrictions of record or visible or apparent on the Property; and to any and all outstanding oil, gas and mineral interests of record. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, conveys and distributes to Grantee the Property, together with all and singular the rights and Appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. EXECUTED effective as of this J l4 day of Se em e- , 2002. GRANTOR: Thus= arnuevnonrDEED WALLIN AND EKVALL FARMS August 26, 2002 Charles Needham Avery, 111, Trustee of the Exemption Equivalent Trust,dr a ed under the will of Charles N. Avery, Jr., D GRANTEE: Avery Ranch Company, Ltd. (a Texas limited partnership) By: CJAC, Inc. (a Texas corporation) Its General Partner By: 5- 3 Jfihi S. Avery, Presiders A. Nelson Avery Lucille Christina Avery Fel! STATE OF4WdSrT'tq COUNTY OF rra.n t a § This instrument was acknowledged before me on this / / 11, day of Sj,� 2002 by Charles Needham Avery, III, Trustee for the Exemption Equivalent Trust created under the will of Charles Needham Avery, Jr., Deceased. ZACHARY DAVID DUBIN$ g COMM. # 1231678 NOTARY Pu6Uc-CAUFORNIA0 SACRAMENTO COUNTY 0 COMM. EXP. AUG. 8, 2003 -+ STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this ! 7 titdayof ea-is.t. , 2002, by John S. Avery, President of CJAC, Inc., a Texas corporation, general partner of Avery Ranch Company, Ltd., a Texas limited partnership, on behalf of said corporation and said partnership. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. CYNTHIA LIN HILL omrmauc sunC 1aa C0#MIIS$toN mous: APRIL 10. 20011 TRUSTEE DISTRIEUTTON Deep WALLIN AND EIGVAL. FARMS AngtIst 26, 2002 PLS �IA& Public - State of exas BENEFICIARIES: Charles N. Avery, III John S. Avery Lucille Christina Avery Fell STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this day of 2002, by Charles Needham Avery, III, Trustee for the Exemption Equivalent Trust created under the will of Charles Needham Avery, Jr., Deceased. STATE OF TEXAS COUNTY OF TRAVIS § § § Notary Public - State of Texas This instrument was acknowledged before me on this day of 2002, by John S. Avery, President of CJAC, Inc., a Texas corporation, general partiner of Avery Ranch Company, Ltd., a Texas limited partnership, on behalf of said corporation and said partnership. Notary Public - State of Texas TRUSTEE DISTRI9uttON DEED WALLIN AND EICVALL FARMS August 26, 2002 BENEFICIARIES: Charles N. Avery, III John S. Avery A. Nelson Avery 1 (44; cjr Lucille Christina Avery Fell STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this day of , 2002, by Charles Needham Avery, III, Trustee for the Exemption Equivalent Trust created under the will of Charles Needham Avery, Jr., Deceased. Notary Public - State of Texas STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this day of 2002, b John S. Avery, President of CJAC, Inc., a Texas corporation, general partner of Avery Ranch Company, Ltd., a Texas limited partnership, on behalf of said corporation and said partnership. Notary Public - State of Texas TRUSTEE DISTRIBUTION DEED WALLIN AND MALL FARMS August 26, 2002 . Cal tforN: Gt STATE OF TEXAS COUNTY OFicekp § This instrument was acknowledged before me on this Charles N. Avery, III. A— a nM P n �� e ZACHARY DAVID DUBIHSg COMM. s 1239878 NOTARY PUBUC. ALIFORMAQ SACRAMENTO COUNTY 0 COMM. EXP. AUG. 8, 2003 " STATE OF TEXAS COUNTY OF TRAVIS § II' - day of Sep r�+b�r , 2002, by This instrument was acknowledged before me on this r]• day of John S. Avery. TRUSTEE D1srR1BUrtoN DEED WAI1 H /SID EKYN1. FARMS August 26, 2002 CYN NIA LIN HILL ONMY 1UtiC t1Alt OF 117 W COIN1S110R EXPIRES: APRIL. 10. 2008 { Notary Public - State of Texas } STATE OF TEXAS § COUNTY OF Galve.sfa4p, § F��so aat!tinoe,l,i • F▪ 1 jo This instrument was acknowledged before me on this /074 day of t4 ' ,. aU ��,,, A. Nelson Avery. ,Y1 r -.3 ,i,..... • °a •to..y g 41 ii • tS, sit' : c9? .I 1,7�.pw.IM.• O'4.vr 0' 0' 'ra-41inacaaaato STATE OF TEXAS COUNTY OF Notary Public - State of Texas This instrument was acknowledged before me on this day of , 2002, by L. Christina Avery Fell Avery. Notary Public - State of Texas After Rording, Please Return To: 0JohnS. Avery ,01508 S. Lamar Blvd. Austin, Texas 78704 TRusTEE D>snuBunox DEED WALLIN ATO RKVAIL FARMS August 26, 2002 STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on this A. Nelson Avery. STATE OF TEXAS COUNTY OF day of , 2002, by Notary Public - State of Texas Thiialltrimient was acknowledged before me on this 0 9 L. C Avery. _•, ;;BY Pt% .1r „ k. w w • '0F • p .• After Recording, Please Return To: John S. Avery 1508 S. Lamar Blvd. Austin, Texas 78704 nusTEE Dr3rElExxrroN DEED WALLIN AND EKVALL FARMS August 26, 2002 . F. ublic State of Texas RECORDERS MEMORANDUM All or parts of the text on thisPie o clearly legible for satisfactowas not �' recordation. 002, by AV..., Et Al b Notion R444360(MRH) 27.03 Acres Fabiva,y14.1904 VWes Donsho Surrey. Abstract No. VY9larnsonCounty, Texas 179 Job.2f4ppr DESCRIPY)OH ,OFA 27.3 ACRE TRACT OF LAM N THE MIA OONAHO SURVEY, ABSTRACT No, 173 N WRi1N.1SON COUNTY, 'TEXAS, BEING A roimoN OF TRAGI NO. 106 OF THE NELSON HOMESTEAD FARM, AN Ul*SEOORDED SUBDIVISION AS COPVRioHi81 BY QUAaAHr E GEORGETOWN. TWOS MAP OFN 194D,SA , B81dG A PORTIO! CFTHATC Rti iN 1200.19 ACRETRACTOF LAND DESSRMED AS THE FIRST TRACT OF THE NINTH TRACT N THAT PARTAKEN DEED AMONG WAIVES NEEDfHAM AVERY, .1R ET AL AS RECORDED N VOLUME S05, PAGE 220 OF THE DEA RECOMS OF W1 WAMSON 001/NTY,TEXAtSM027ASACRETRAOT.ASSHOWNONTi£ADCOMFANfNG SKETCH, BEND MORE PARTICixARLY DESCRIBED BY METES ANO 11O194D6 AS FOLLOWS BEGINNING at 11/2 kith ion pipe pod found for Loa !Iceboat came' of Tract No. 107 of said Nebel) Homestead Farm Wagon krledor comer of sek5 Tad No. 106 and an interior comerd said 1200.10 am tract, same being an Mentor vomer of the tact described bemire THENCE oath the north lin of acid Tract Na 107, being a south the of said Traa14o.106 and being a souihlne d said 1200.10 arra tact, S Eo' S2' or W, a distance of 350.24 tett to a 1/2 khch kon rod setter be mostwetserly southwest owner dlhe tact described Web, bang k, the oast right -c4 way Dns d County Road N . 117 as fenced; THEME 1 baring lost said common ins and creasing said Tract N .106 and said 1200.19 acre tram with the said oast Ins of bounty Road P10.117. N i8' 40' 41' W. a distance d 1210.73 teat to a 60 d' nee found at fence manor for 0* southeast comer of be Ti lersoc3on at County Road No.112 and said County Toad No. 117, at the location d be lernrimsan of said County Road NO. 112 end Lisa conenuadon of said Corm Road No. 117 in an easterly dktctlorr THENCE oontrxhip b cross said Tract No. 106 and said 1200.19 acre tract with the south tract - way oondm,adon of County Road Na 117 as fenced. the Mowing two t21 courses and *Amex 1. N 76' 49.37' E, t dtstanc. of 23212 feet b a 60'4' nal found for en angle poke. and 2. NSO'25'49'Eadht.nadSam Intl* a1/2inch ken set for the northeast corner of Masa tad dictated heroin. being len the east *wed add tract No. 106 and said 1200.19 acre tad and being in a walk* d Tract No. 102 of Homestead Farm THENCE wish fast raid ca»mon kiss, loaning saki Coady Road. the following sewn (7) Courses and distances: 1. S 63'48'0M E, a dfsanoe e4389.73 fest b a 26 inch elm tee Met eNdsnce of rid fence vitro found for aught point, 2. S 43' 02' 45' E. a distance of 220.92 feat to a 112 bdh kon rod sot lforsngte pok*, 0. S 50' 10'45 E a dib a r*, of 213.69 feel b a 1/2 inch iron rod set far angle point, 4. S 4.6" 51' 45 E, a distance of 70.19 feet 10 a 112 inch ken rod set lot angle poky. s. 8 81' 50' E. a distance of 234.07 feel b a 1/2 Inch kon rod set for snore potty. 0. 82r 82'4s E, a dieter** of266.02 teelb a l/2 inch ken rod set for angle poky, and 7. S 1W 92 45' E a *fano* d 20057 fast t0 a 1/2 inch ion rod set kis rim north line of Tad No. 106 of said (Rabat Hcrmstead Pan; being the most easterly southeast goner of said Trac N0.109 and being a soutbas3ierfy comer 0f said Tract No. 102. same being 6 aout»astery comer of said 1200.19 acre Iract - THEf10E w11h the north Ins ofs*1dTrectNo.100. being a south Ins ofsaid Tract No.106 and d said Q11 B) I r,,.�,,�,++�: PaQa1d3 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. Awry Et At b Nelson FN4a80 27.03 Acres bruary WRNS DoOsho Survey, Abstract N0. 173 F° SRI Job. 14, 1904 WNla won County, Texas2140-01 1200.19 acro, tie following two W COWAN and distances:. 1. S 74.02' 15' W, a distance of 486.56 feat to a 1f2 Inch Iron rod sat for angle palet, and 2. 0 74' b0' 15' W, a d st once of 295.25 feel W a.1/2 inch iron rod set Mille east One of said Tract No. 107 for he most soukrody aoutiawt comer hereof, being a scuMwestery corner al said Tract No.106 and said 1200.19 acro Bract end blindly northwest corner of said Tract No. 106; THENCE wIth said east line of Traci No.107, being a west lila of said Tract No. 106 and of said 1200.19 acre tract N 21' 20' 44'N„ a distance d 410.58 Met b the POINT OF %%AMNO and containing 27.03 acres d land. THE STATE OF TEXAS COMM' OF TRAVIS KNOW ALL MEN BY 'NESE PRESENTS: That 1. Moiled R Rather, a Registered Professional Land Surveyor, do hereby may last tie above dentition it 1n» and coned b be best of my knowledge and that tine gingery described heroin Mm determined by a survey made on he ground during October and November 1393 tender my ce ecdon and eupenlskn, WITNESS MY HAND AND SEAL at Austin. Travis County. Tams thb tie 29th day of Mach, 1994, A.D. RECORDERS MEMORANDUM All or parts of the text on this page was nor clearly legible for satisfactory recordation. Page 2 eta EXHIBIT 'E ` t€44. r'• alp' haeLi Von WV W an% irt7J I+1.4.' C 1 googly' 7Y71U Nx•'ra7-c zJz.4. 11.63. GOtJhKY ,00.4P N. !4 — /Jt1•eN s e t.4a.72 12 M..r.i /4/000,04/ r7C4cr meta, N LS•N 1bse021510 19Mtt T a 25. If ACKEs TAW?" x .id ..er Z Irma. PlitISO4S,Z14.114111 044S4 . r VOL. MPJ . Ro 63f b • 511'.1r is -14 • 0 Wow., Mr OCT 6 1 orA 64.44.41 t-e.�r Q v t 4 w t —� 0• i7POLIV.N., i7p•oMdA• ‘10ss re y itt ti • 10.4 NOO maker r•a • r� 16 IS, ta�gc' Y7rAG1' w!a eoc "Alen 21.03 AcRSs x,.10 1 t"C1""t of :wss�s-6 1t,zrkta4st-rrst4411A►i$V.4 z.wtr 3 vex.aOS.hi.Z+a .•M 1.• ...{s inure t%• • suras tsps n.14••• 1at..oz• sw.z4. 14frAcr NO. 07 sow iNS{rdtT /J saeYa'Is•N! 4,4.64 sat Sr rvAC a carper } gS•aYK•E 206 sr O 1 asr'ils ht 7zyc! wtt — M�sw NeWsarw.o sear itinVi #401.5044: rpe„ .444 t}{ VOL. *13 r6.66t I. " 1.1? Yrs • S RECORDERS MEMORANDUM �l or pacts of the text on this page was not dearly legible for satisfactory recordation. 200 WILD 9Asoy ROA W Al 41200 P. pox x esw sXsreN roAecomex,, r Alms • PIT mores NO. 7'a7fe 2600 dOO swa�♦0.0a• Nelson to Avery Et Al 25.29 Acres and 1.72 Acres WitAs Donsho Survey, A-173 Williamson County, Texas FN 48611MRH) March 20, 1994 SR) Job No. 2140.01 DESCRIPTION OF A 25.29 ACRE TRACT OF LAND AND A 1.72 ACRE TRACT OF LAND IN THE WILLIS DQNAHO SURVEY, N3STRAOr N0. i73 Ni 1YILLIAMSON COUNTY, TECHS. BEING PORTIONS OF THAT CERTAIN TRACT OF UND OAU.E0168.54 ACRES N THE DEED TO T019 E. NELSON. J[L, TRUSTEE AS RECORDED iN VOLUME 1133, PAGE 699 of THE REAL PROPEiry RECORDS OF WI/MASCO COUNTY. TEXAS, SAID 25.29 ACRE TRACT BEO1O A PORTION of TRACT NO 105 OFTHE NELSON HOMESTEAD FARM, AN UNRECORDED SUBONISIO, THE MAP OF WHICH WAS COPTIVOHTED BY GUARANTEE ABSTRACT CO.. INC.. GEORGETOWN. TEXAS IN 1340, AND SAID 1.72 ALAE TRACT BEIM A PORTION OF' CT NO. 107 OF SAID NELSON HOMESTEAD FARMS SAID 2529 ACRES (TRACT 11 AMMO 1.72 ACRES (TRACT IS. AS SHOWN oN me ATTACHED SiOETChtBEM MORE PAHTICULARLY DESCRIBED BY METE SAND BOUNDS AS FOLLOWS: TRACT 9EDINN240 at a 1/2 kXlf Iron rod tet in the south right-of-way iia *County Road Na 112, being in the east fns °field Tract Ho. 105, some being an east line of Tedd 563.54 tae tract and being it west km of dist certain tact *land celled 120045 acres and described as Ore First Tract orrice tanw Tract In fat Palpdon Deed among U sAes Needham Avery. Jr. E N a recorded in Volume 305, Page 228 of She Deed Records of Marmon County. Tedto, km which point 3 60'd' nal Sound e the beim de fence owner post at to southwest comer of the klefsection of sold County Road No. 112 and County qOad No. 117 bears, H 72' 51.13' E, a dPbnce d 150.33 /set THENCE)e virg told County Rood nth said °oianon dram of said 668.54 aim tract and said 1200.19 acre tract being the fast One of sad Tmaot No. 105 and to west aka of Tract No.100 of said Nebo Homestead Fames, kw blowing two (2) coarses and dhianoat» 1, . S 10' 47' 45' E. a distance of 1205.53 feet b a1/2 inch Lon nod aa, and 2. S 10'36.45• E, it distend 0f 1164.44 teat lid a 1/2 ktdt Lan and set for to southeast comer of said Tial No. 105 and of Re tad described iarekx THI NCE wkh to Mott eastady south fns d raid Tract No. 105, Wkr9 ria moat easterly souflt Ina hereof. S 71.08' 15' W. a camerae, at 276.37 foot b a 1/2 Inch ton rod set for the most southerly southwest comer *said Tial 80.105 and 04 to tact deeorbed Were THENCE Mkt Ra moat doutitedy west One viscid Tract No. 1055. being Rhe molt aot;thady wrest Anil hpeot, N 15' M' 45' W. 'Asthma d 1163.061eett0 a 12lnchicet rod setter sr kttai0r tier corner Of said Tract No.105 and 01 the tract desalted haseig THENCE with the ino31 westerly south One of said Tract No. 105, beta to most westerly south One hereof. S 71`.22' 15' W. a dlctanoe d 414.72 Net b • 1/2 bleb iron rod tai for ria most wastedy southwest comer of *std Tract No.105 and of the tract described herein; ;THENCE with the most northerly west Orta of said Tract No. XOs, being Ra most nwvserly west Ane hereof, N 1M 42' 45' W, a tilstance of 1224,43 Netto a 1P2 ktch iron rod set in said right oFway Ina W County Reed No. 112 for Re no.twweat comer of the Tact described herein; THENCE with said righEofaway No, hg add Teel No. 105 and said 566.54 sea tact. N 7r 51.13' E.adistance ofe42.78 rest to the Point of Beginning of me herein described Tract Fend oontakhkwg 25.29 saw of land. EXHIBIT ; Psget d3 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. NG —on to Avery Et At 25.29 Mmes end 1.72 Acres Weds Oonaho Survey, A-173 Wielamson County, Texes Tract n FN 4651(MRHI March 20. 1994 SRI Job No. 2140-01 BEGINNING ata 112 kith kon rod satin the fest dghsel-way kw of Garay Road Na 117. being n Me north tine of Tract Na 107 of se* Nelson Homestead Form, same being a north Ine of said 666.54 acre ire* end being In a sorts ens of 'Rut No. 106* saki Nebon Homestead Femf, same being a sous lire of said 1200.10 sore hot mEUcE wkh said right-of-way kis, as Sericsd, the following two (2) courses and distances: 1. 318' 46' 41' E, a distance of 1145.07 fed lo • 60 •d' roil set at the base of a fence lire angle poet, and , 2 s 66' 06' ME, a **ince of 2.2a feat to a 112 inch Iron rod est In the sou* erre or said Tract No. 104 being a south erre of said 663.54 acre pact. for the southeast comet of Metro* described becalm THENCE with said carman south Nries, S 70' 01' 08• W, a btaroe of 67.79 lad le a 1/2 Inch kora rod setfor, to sotithlrest corner et said Tract No. 407, being an kttedor'e8' corner clash Tract No. 106. for he southwest corner of the tract described herein TTHENGE with the west Ilea c( add Tract No. 107, being a west the of said 666.64 acre sect, same being o11136.11 .1feefeast l o asald ide 2 kIdiikora ttedlseett lour the soh ofsdidTract No. � a2' W. a distance corner of said Tract 110:106 abeing Me northwest corner of the tact demised hash•sit NW THENCE with said north ane of said Tract No. 107, sane being a north line v(soid 668,54 acre bract and being a south line of saki Tract No. 106 sod of said 1200.10 sop tract. N ti0. 32' or E. a distance data of of K�1,.97 beth the Pak,t d Beginning of tit Bash described Tract r arid containing 1.72 THE STATE OF TEXAS COUNTY OF TRAVIS 1 KNOW ALL MEN BY THESE PFESENtS Mutt, {Ache* R. Hatcher. a Ragbgnd ihddsdonsI tared described heriiado Meaty caddy slat the above drree d rak sue w correct to me best of my'Imewisdda and M the property 1993 under my direction and moseridiislon survey • reeds on tube yrotstd *slog October and November 1994, A.V. MY HAND AND SEAL *Amen. Turk County, Tan Ihb the 29* day of March, SURVEY R4Q RESOURCES, A.O. Boor 162690 �R !�4t Mien. Tacos tdl to -2690 i i RepMsradProk7aklfel Land Sunn No. 4259 - Stale of Teats EXHIB1T..,e..,' Pnle 2 of RECORDERS MEMORANDUM All or parts of the ten on this page was not clearly legible for satisfactory recordation. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. /' ^ 100• w4ttd OaMaNO &arra 7$ mpuarresaw couorV .mss N7s•SrsrC N72.NW^. !sass• tetJMYY 70.40 Mr Wire 442.74. -r.eACT Ng Pp 17E7$11, AsM1341C4P r%Irn M1 N ti 25.21 AexEs TRACTX em 4401 weo's • sr'e 1s 0 7)ttcr 410, A7i tp� OrtEo �t 1b?l'ST:� t'''i rAKM M•r�M1 27.00 A4M6.5 rM 4.O it Were rw.srww��w io7'orKomit Siteic fi'N =ter 7bwT/A4 Of Z 71+M K. Ntt6eN, 70.Tit.14 K Q46.S4 Aa • sn6,Nss,r+t os! ril ei�es+►e. 40.Aww�.4ta ▪ N�F /sop.+f, c. „sibrit Yes.s+�sa* 2 w Kb syr•fs•!c hl N �.0+rr 2 sirxirs eAV NMI NW 7.00.0z. o r. .,.. w stf 4700G'' l•' 1N..0. . OIE7A/f... MIr w 44.64 SR Y 1 s •�ti sarerw•14 $174 tootyrotere N}r•ZC44 HR reaCt Ko. '07 AN 1kwssr l e7NAYK•N $177.77•1 iteierssl &t. .7Z f(TI e l 'B Jaa Sr a�atiernC 774•oa:•10.N 7JC4cr NMt Nsi •M1 am, NR4i1TIf.fv EAKri rtiWI E. ma.5 MJ. 7K,T& f4 V01.171/, "II. 411 seas ' s 0 206 WILD !SAW IIOAC WITS x200 P. . 0. BOX 102690 sawyer, YOI{!L^q/MNY AUSTIN, TiRXA6 /Si d�NVrns Ne. 715718 .• ROb et Oo4,4101 . SURVEY RESOURCES N40 (tS12) eke - *221 FRB MD REORE OFFICIO.. PUBLIC RECORDS e:i4kN 09-17-200 10:54 AM 2002071336 ANDERSON $37.00 NANCYLLIAMSONC 'COUNTY TEXAS STATE OF TEXAS ba COUNTY OF TRAVIS DoCM 95 a6 - »OCU ems. •--+r z DEED KNOW ALL MEN BY THESE PRESENTS: THAT I. LUCILLE SHARP ,,VERY (hereinafter referred to as 'Grantor'), for and in consideration of the love and affection I bar for my children, JOHN S. AVERY, CHARLES N. AVERY, III, A. NELSON AVERY, and LUCILLE CHRISTINA AVERY FELL, have GRANTED, SOLD rod CONVEXED and by these presents do hereby GRANT, SELL and CONVEY unto JOHN S. AVERY, CHARLES N. AVERY, III, A. NELSON AVERY, and LUCILLE CRLS"TmNA AVERY FELL, Trustees of the Children of Lucille Sharp Avery E:xtnpt Trusts (hereinafter referred to as 'Grantees'), a twenty-five (25%) interna in the 1 following desc:ibed property_ Tract A: A 398.00 acre (more or less) tract out of the R. McNutt Survey, Abstract No. 422, daubed in two deeds as follows: 218 acres (more or less) described a 'Figs Tract. in Deed recorded in Volume 305, Page 228, Dead Records of Williamson County, Tem, and 180 acres (more or less) described as the "First Tracr- in Deed recorded in Volume 24, Page 419, Deal Records of Williamson County, Tuan. This Tract A Is ]mown as the 'Hutto Farm'. Tract B: A 1,200.19 acre ( more or less) tract out of the Thomas Toby Survey No. 200, Thomas Toby Survey No. 201, Able Eaves Survey No. 215, Thos. Glasscock Survey No. 255 and The Willie Donato Survey No. 173, Williamson County, Turas, dexiibed as 'First 'pact` in Deed recorded in Volume 305, Page 228, Deed Records of Williamson County, Texas; gnether with certain abandoned MKTRR right-of-way adjacent thereto and a certain 57.58 acre (more or less) tract conveyed by T. E. Nelson, SAVE AND EXCEPT a certain 81.87 acre tract out of the B. C. Low Survey No. 385 conveyed to T. E. Nebon and a certain 38.44) acre tract out of the Willis Donaho Survey No. 173 conveyed to T. E. NeLton. This Tract B is known as the 'Wallin Farm'. Tract C: A 300.43 acre tract out of the Thos. Giasscoc3c Survey No. 255 and the Joseph Mott Survey No. 427, Williamson County, Texan MACK RECORDS ViikkIAMSON cAtiNTY TEXAS .#. q523 described Deed Recordof Williamson as'Saand Tract' in Deed recorded is Volume 305, Page 2 8 the 'Elroail Farm County, Texas. This Tiara C is 1urown at This conveyance is made and accepted subject to all matters, other than liens or conveyances, of record with the County Clerk's Office of Williamson may, Tows. Grantor, for the 000sideradon and subject to the iVatioos from and exceptions to conveyance, conveys to Grantee the property without empress or implied warranty, and all warrant that might arise by common law and the warranties in Section 5.023 of the Teras Property Code (or its successor) are excluded. EXECUTED this the 2.7 --day of - 1994. GGrantees' Mailing Avenue Address: 919 Congress Austin, Texas 78701 2 STATE OF TEXAS COUNTY OF TRAVIS ....... This instrument was acknowledged before me on -Mb) 1994 by Lucille Sharp . . . : - • - • . ' ..... • AfterRecording Return To: Win S. Avery, Esq. 919 Congress Avenue Suite 1000 Austin-, Texas 78701 Mbriasibalan e„-( L,r-Nj k")(,)(1e,_ ›.` Nattri in and the State of 'hosts My Conmisaion DocA 11545163 Pages: 3 Date r 10-06-1995 Time m 11:43153 A.M. Filed Recorded in Offieial Records of WILLIAMSON County, TX. ELAINE arzzaL COUNTY CLERK Ree. $ 13.00 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008059174 E TWAIN. 07/30/2008 02:51 PM CMCNEELY $152.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS