A-08-10-23-11B2 - 10/23/2008ORDINANCE NO. A-" 0- 1 0-2);---
AN
-2;--
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.137 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY,
ABSTRACT NO. 284, 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 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.137 acres out of the J. M. Harrell Survey, Abstract
No. 284, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
0:\WDOX\ORDINANC\081023132.DOC/rmc
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 approve the
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
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
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
A.
conflict
B.
ordinance
thereof.
C.
written
meeting
X.
All ordinances, parts of ordinances,
herewith are expressly repealed.
The invalidity of any section or provision of this
or resolutions in
shall not invalidate other sections or provisions
The City Council hereby
notice of the date, hour,
at which this Ordinance was
finds and declares that
place and subject of the
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.
fd
READ, PASSED, and ADOPTED on first reading this 23 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
SARA L. WHITE, City Secretary
✓li
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT FAIRVIEW - WEST TRACT
DESCRIPTION
BEING a 0.137 -acre tract of land, more or Tess, being out of and a potion of the
J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, as conveyed to
the City of Round Rock and further described in Warranty Deeds recorded in
2001062139 and 2001035830, Official Public Records of Williamson County, said
Deeds being attached hereto as Exhibits B and C, respectively, said tract also being
identified on the accompanying sketch as Subject Tract 4, attached hereto and
made a part hereof.
02- � t'c. f 2.24 4411 U DLi-fl /
2, &Nast '
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
0 THE STATE OF TEXAS S
u §
COUNTY OF WILLIAMSON $
111
EXHIBIT
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
a
WHEREAS, the purchase of the hereinafter -described premises has been deemed
[; necessary or convenient for the construction, expansion, enlargement,
C) extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, ROBBY KAY DUFFIELD, a single woman, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell and
Convey unto the City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
0.082 acres of land, more or less, out of Lot lA of GREENSLOPE
ADDITION AMENDED, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet D, Slide
62, Plat Records, Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; tights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
00005322.WPD
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1
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the ./3 day of
1411(7t>S-r , 2001.
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the f , day
of U6ost , 2001 by ROBBY KAY DUFFIELD.
PREP
di % ; SUSAN PATTERSON
: i MY COMMISSION EXPIRES
4...... Febamry 1, 2004
Tiffs OFFICEvF
_At4:a1) //aZi;d
Notary Public, State of Texas
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RET 0:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00005322.WPD
2
06/29/2001 FRI 16:14 FAX BROWN McCARROLL SHEETS & 121009/010
exhcbt e la "
t) Q :
FIELD NOTE DESCRIPTION POR A 0.082 ACRE TRACT:
BEING A TRACT OR PARCEL, OF LAND STRIATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OP AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION AMENDED, LOT
1A, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "D",
SLIDE 62, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-of-way line of County Road No.
113, known locally as Xiphcn Road, for the southwest corner of said Lot IA, also bring the
southeast corner of Lot 1, of said Greenslope Addition Amended and being the southwest corner
and the POINT OF BEGINNING of the herein described tract
THENCE , with the west line of said Lot lA and the east line of said Lot 1, North 06658'39" West,
a distance of 16.59 feet, to a calculated point for the northwest corner of this trach
THENCE, departing the west lite of said Lot IA, the east line of said Lot 1, through said Lot 1A,
South 88°37'12" East, a distance of 216.36 fret, to a calculated point in the east line of said Lot IA,
the same being the west right-of-way line of Fairview Drive, ibr the northeast corner of this tract;
THENCE, with the east line of said Lot lA and the west right-of-way line of said Fairview Drive,
South 18°50'28" East„ a distance of 17.76 feet, to an iron rod found at a point in the north aught -of -
way line of County Road No. 113, for the southeast corner of said Lot IA, and for the southeast
t
comer of this tract;
THENCE, with the north right-of-way line of County Road No. 113,same being the south line of
said Lot lA, North 88°33'10" West, a distance of 220,09 feet, to the POINT OF BEGINNING.
Containing 0.082 acres of land more or less.
R0 4d, E .ate 2 2 i
Randall S. Jones Date
Registered Profeesio Surveyor No. 4391
State of Texas
Date; September 2S, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
06/29/2001 FRI 18:15 FAX BROWN HCCARROLL SHEETS & Q 010/010
VI
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D� E RD RECORDED
OFFICIAL PUBLIC RECORDS
08-23-20008:54 AM 2001062139
ANDERSON $17.00
NANCY E. RISTER !COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
sePIJ
0,
cria
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-39c 1-0006 - O 00)
CASH WARRANTY DEED
Date: Amy 3 , 2001
Grantor: CLIFFORD B. NIXON and ELOISE KAY NIXON,
as Trustees of THE NIXON FAMILY TRUST
C)
P1 Grantor's Mailing Address (including county):
03
Lfl CLIFFORD B. NIXON
r�7 3000 !r, rit , .eoN. v
C) x•.,01 , ird0164 -7'A.7
r� 1.3: GL�.�.My•,eJ County
0
O'j ELOISE KAY NIXON
Cd1.1000 lCiP,# W RO/47�
Ko RDaic T7' 7&411-50o27
County
Grantee: CITY OF ROUND ROCK
Grantee's Mailing Address (including county):
CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
Williamson County
EXHIBIT
AA Cif
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
0.055 acres, more or less, out of Lot One (1) of
GREENSLOPE ADDITION AMENDED, a subdivision in Williamson
County, Texas, and being more particularly described by
metes and bounds in Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded restrictions, reservations, covenants,
conditions, oil, gas or other mineral leases, mineral severances, and
other instruments, other than liens and conveyances, that affect the
property; rights of adjoining owners in any walls and fences situated on
a common boundary; any encroachments or overlapping of improvements; and
taxes for the current year, the payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys 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 heirs, executor,
administrators, successors or assigns forever. Grantor's heirs,
executors, administrators and successors are hereby bound to warrant and
forever defend all and singular the property to Grantee and Grantee's
CASH WARRANTY DEED - PAGE 1
C,\T01P\OS30WDC.WPD/kg
heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance
and warranty.
When the context requires, singular nouns and pronouns include the
plural.
STATE OF TEXAS
COUNTY OF LU)L.L4ImsDA/
THE NIXON FAMILY TRUST
ELOISE KAY 1JIXON, s Trustee of
THE NIXON FAMILY TRUST
ACKNOWLEDGMENT
5
5
5
This instrument was acknowledged before me on the 3 day of
m1y , 2001, by CLIFFORD B. NIXON, as Trustee of THE NIXON FAMILY
TRUST.
STATE OF TEXAS
COUNTY OF S
SUSAN PATTERSON
MY COMMISSION EXPIRES
February 1, 2004
1,6.07
Notary Public, State of Texas
ACKNOWLEDGMENT
5
This instrument was acknowledged before me on the 3 day of
MAI , 2001, by ELOISE KAY NIXON, as Trustee of THE NIXON FAMILY
TRUST.
SUSAN PATTERSON
MY COMMISSION EXPIRES
Fabruary 1, 2004
CASH WARRANTY DEED - PAGE 2
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Austin Title Company
4 101 E. Old Settler's Blvd.
_16;101
," "Suite 100
Round Rock, Texas 78664
CASH WARRANTY DEED - PAGE 3
FIELD NOTE DESCRIPTION FOR A 0.055 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF. THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION
AMENDED, LOT 1, A SUBDIVISION ACCORD/NG TO THE PLAT THEREOF
RECORDED IN CABINET 'D", SLIDE 62, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-of-way line of County
Road No. 113, known locally as Kiphen Road, for the southwest corner of said Lot 1,
also being a point in the east line of that certain 152.38 acre tract of land conveyed to
Rudolf Wallin and recorded in Volume 450, Page 114, of the Deed Records of
Williamson County, Texas, for the southwest comer and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said Lot 1 and the east line of said 152,38 acre tract,
North 18°54'42" West, a distance of 7.97 feet, to a calculated point of intersection with a
curve, for the northwest corner of this tract;
THENCE, crossing said Lot 1, along the following two (2) courses:
1. 151.84' feet along the arc of a curve to the right, said curve not being tangent to the
previous course, and having a radius of 1050.00 fat, a central angle of 08°14'13"
and a long chord which bears North 8714'13" East for a distance of 151.71 feet to a
calculated point;
2. South 88°37'12" East, a distance of 17.08 feet, to a calculated point in the west line of
Lot 1A, of said Greenslope Addition Amended, and the east line of said Lot 1 for the
northeast corner of this tract;
THENCE, with the east line of said Lot 1 and the west line of said Lot 1A, South
06°58'39" East, a distance of 16.59 feet, to an iron rod found at a point is the north right-
of-way line of said County Road No. 113, for the southeast comer of said Lot 1, the
southwest corner of said Lot IA, and for the southeast corner of this tract;
THENCE, with the north right-of-way line of said County Road No. 113, being the south
line of said Lot 1, North 89°18'43" West, a distance of 168.05 feet, to the POINT OF
BEGINNING,
Containing 0.055 acres of land more or less.
C,'"`Cafge, em`44- /0 /
Randall S. Jones Date
Registered Professio Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
SALaadPA R216511docilORTEGLOPBI,doc
Page 1 of 1
Revised on 10-06-00
Revised on 01-16-01
Revised on 02.14-01
FILED MO RECORDED
OFFICIAL PUBLIC RECORDS
tee..
05-23-2000 09:26.AM 2001035830
JACKIE $150
NANWILLIAMSONECOUNTY' TEXAS
N
W+
N, F �
Subject Tract 3
n
0.451 ac
Subject Tract 1
� 0.545 ac iu
E"OId-Settlers Blvd
Subject Tract 4 Subject Tract 2
0.137 ac a 0.098 ac
DATE: October 16, 2008
SUBJECT: City Council Meeting — October 23, 2008
ITEM: *11B2. Consider an ordinance annexing 0.137 acres, being East Old Settlers
Boulevard right-of-way immediately west of Fairview Drive. (First
Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
This tract of land, known as the East Old Settlers Boulevard at Fairview Drive — West Tract,
consists of City -owned public right-of-way. This right-of-way was acquired by the City several
years ago as part of a road widening project, but was never annexed.
It is the City's desire to annex the tract in order to bring all City owned rights-of-way into the
city limits for maintenance and emergency service purposes, as well as provide for a more
contiguous city boundary.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This tract of land was 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
11111111111111111111111111111111
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
11111111111111111111111111 ::',Gs
2008083388
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 -08-10-23-11B2 which annexes 0.137 acres of land being East Old
Settlers Boulevard right-of-way immediately west of Fairview Drive. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23rd day of October 2008 and is
recorded in the City Council Minutes Book No. 57.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 28th day of October 2008.
Sm4Ait- vuem
SARA L. WHITE, City Secretary
ORDINANCE NO. ' Off'" 10-2j;-- Il52
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.137 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY,
ABSTRACT NO. 284, 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 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.137 acres out of the J. M. Harrell Survey, Abstract
No. 284, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
O:\WDOX\OADINANC\08102382.DOC/rmc
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 approve the
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
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
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 2-3'11 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
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT FAIRVIEW - WEST TRACT
DESCRIPTION
BEING a 0.137 -acre tract of land, more or Tess, being out of and a potion of the
J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, as conveyed to
the City of Round Rock and further described in Warranty Deeds recorded in
2001062139 and 2001035830, Official Public Records of Williamson County, said
Deeds being attached hereto as Exhibits B and C, respectively, said tract also being
identified on the accompanying sketch as Subject Tract 4, attached hereto and
made a part hereof.
02A,t FO 22i4flU Dti-fly,ttey
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
111
rq
O
2— 7
EXHIBIT
AA Bq
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
-I WHEREAS, the purchase of the hereinafter -described premises has been deemed
(j necessary or convenient for the construction, expansion, enlargement,
C extension, improvement, or operation of the Project;
r\a
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, ROBBY KAY DUFFIELD, a single woman, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell and
Convey unto the City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
0.082 acres of land, more or less, out of Lot 1A of GREENSLOPE
ADDITION AMENDED, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet D, Slide
62, Plat Records, Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; tights of adjoining owners in any walls
and fences situated on a common 'boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
00005322.WPD
1
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the .1S day of
A11660.51' , 2001.
State of Texas
County of Williamson
This instrument was
of 4 1)6,0s Z"
Acknowledgment
acknowledged before me on this the
, 2001 by ROBBY KAY DUFFIELD.
1.N Y •��....
=$tg'4j;; SUSAN PATTERSON
s'; i MY COMMISSION EXPIRES
'+ .R .`v Febr+mry1, 2004
--dibterM //d74i;a
Notary Public, State of Texas
PREP ° • it in 7H8 OFFICE '
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING
00005322.WPD
'MTV:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
2
13 ,
day
06/29/2001 FRI 16:14 FAX BROWN )ScCARROLL SHEETS &
obb� b.4; a
FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT:
BEING A TRACT Olt PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF (REENSLOPE ADDITION AMENDED, LOT
1A, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "D",
SLIDE 62, OF THE PLAT RECORDS OF WILLIAAMSON COUNTY, TEXAS, AND BEAN}
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-of-way line of County Road No.
113, known locally as MA= Road. for the southwest corner of said Lot 1A, also being thy
southeast corner of Lot 1, of said Greenslope Addition Amended and being the southwest corner
and the POINT OF BEGINNING of the herein described tract;
THENCE , with the west line of said Lot lA and the east line of said Lot 1, North 06°38'39" West,
a distance of 16.59 feet, to a calculated point ibr the northwest corner of this trach
THENCE, departing the west lluo of said Lot 1A, the east Tine of said Lot 1, through said Lot 1A,
South 88°37'12" East, a distance of 216.36 feet, to a calculated point in the east line of said Lot IA,
the same being the went right-of-way line of Fairview Drive, DX the northeast coater of this tract;
THENCE, with the east line of said Lot 1A and the west right-of-way line of said Fairview Drive,
South 18°30'28" East, a distance of 17.76 fart, to an iron rod found at a point in the north tight -of -
way line of County Road No. 113, for the southeast corner of said Lot 1A, and for the southeast
corner of this tract;
a009/010
THENCE, with the north tight -of -way line of County Road No. 113,same baiag the south line of
said Lot IA, North 88°33'10" West, a distance of 220.09 feet, to the POINT OF BEGINNING.
Containing 0.082 aches of land more or less.
Randall S. Jones / Date
Registered Professio 1 u Surveyor No. 4391
State of Texas
Date: September 28, 2000
0
RN Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
06/29/2001 FRI 16:15 FAX BROWN OcCARROLL SHEETS &
TO ACCOMPANY FIELD NOTES:
"Kiphen Road"
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3
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FILED PO RECORDED
OFFICIAL PUBLIC RECORDS
t) ettIcipA,
08-223-200108:54 AM 2001062139
ANDERSON $17.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY. TEXAS
arioqty-
jG-39s-/-0000 - D00)
CASH WARRANTY DEED
0 Date: Amy 3 , 2001
4
07
aole
CLIFFORD B. NIXON
Fl
So PA w oed•m-o
'1I ' A .l i 77"4464 -74,1.7
q C.s : Ll.�.�..r,t.� County
O
O ELOISE KAY NIXON
ra Jooa IC,P.�ON RohD
O0) A ROCK Tx M41-9027
7
Ah 44.4*m_sevAi County
Grantor: CLIFFORD B. NIXON and ELOISE KAY NIXON,
as Trustees of THE NIXON FAMILY TRUST
Grantor's Mailing Address (including county):
Grantee: CITY OF ROUND ROCK
Grantee's Mailing Address (including county):
1 EXHIBIT
CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
Williamson County
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
0.055 acres, more or less, out of Lot One (1) of
GREENSLOPE ADDITION AMENDED, a subdivision in Williamson
County, Texas, and being more particularly described by
metes and bounds in Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded restrictions, reservations, covenants,
conditions, oil, gas or other mineral leases, mineral severances, and
other instruments, other than liens and conveyances, that affect the
property; rights of adjoining owners in any walls and fences situated on
a common boundary; any encroachments or overlapping of improvements; and
taxes for the current year, the payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys 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 heirs, executor,
administrators, successors or assigns forever. Grantor's heirs,
executors, administrators and successors are hereby bound to warrant and
forever defend all and singular the property to Grantee and Grantee's
CASH WARRANTY DEED - PAGE 1
C s \TRIP\ 053 OYIDC. WPD/kg
heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance
and warranty.
When the context requires, singular nouns and pronouns include the
plural.
THE NIXON FAMILY TRUST
•
ELOISE KAY XON, s Trustee of
THE NIXON FAMILY TRUST
ACKNOWLEDGMENT
STATE OF TEXAS g
S
COUNTY OF U)1LL/1fl\f0Ay s
This instrument was acknowledged before me on the 3 day of
mAy , 2001, by CLIFFORD B. NIXON, as Trustee of THE NIXON FAMILY
TRUST.
A' SUSAN PATTERSONAeelfrn iedg?W",
•• . MY COMMISSION EXPIRES
Februaryl'2004 Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
s
5
This instrument was acknowledged before me on the .3 day of
mJ91 , 2001, by ELOISE KAY NIXON, as Trustee of THE NIXON FAMILY
TRUST.
CASH WARRANTY DEED - PAGE 2
Notary Public, State of Texas
PREPARED IN THE OFFICB OF:
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Old Settler's Blvd.
�'L'Suite 100
Round Rock, Texas 78664
CASH WARRANTY DEED - PAGE 3
L�
FIELD NOTE DESCRIPTION FOR A 0.055 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS LIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION
AMENDED, LOT 1, A SUBDMSION ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET 'D", SLIDE 62, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-of-way line of County
Road No. 113, known locally as Kiphen Road, for the southwest corner of said Lot 1,
also being a point in the east line of that certain 152,38 acre tract of land conveyed to
Rudolf Wallin and recorded in Volume 450, Page 114, of the Deed Records of
Williamson County, Texas, for the southwest corner and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said Lot 1 and the east lino of said 152.38 acre tract,
North 18°54'42" West, a distance of 7.97 feet, to a calculated point of interaeotion with a
curve, for the northwest corner of this tract;
THENCE, crossing said Lot 1, along the following two (2) courses:
1. 151.84' feet along the arc of a curve to the right, said curve not being tangent to the
previous course, and having a radius of 1050.00 feet, a central angle of 08°14'13"
and a long chord which bears North 8714'13" East for a distance of 151.71 feet to a
calculated point;
2. South 88°37'12" East, a distance of 17.08 feet, to a calculated point in the west line of
Lot 1A, of said Greenslope Addition Amended, and the east line of said Lot 1 for the
northeast corner of this tract;
THENCE, with the east line of said Lot 1 and the west line of said Lot 1A, South
06°58'39" East, a distance of 16.59 feet, to an iron rod found at a point in the north right-
of-way line of said County Road No. 113, for the southeast comer of said Lot 1, the
southwest comer of said Lot 1A, and for the southeast corner of this tract;
THENCE, with the north right-of-way line of said County Road No. 113, being the south
line of said Lot 1, North 89°18'43" West, a distance of 168.05 feet, to the POINT OF
BEGINNING.
Containing 0.055 acres of land more or less.
PC44Ce, S ' )%k- 2.1-4//0/
Randall S. Jones Date
Registered Profesaio Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
R7 Surveying Inc.
1212 Past Braker Lane
Austin, Texas 78753
51.04?sty 4r RT16511doolORIEN8LOPEI Ate
Page 1ef!
Raviaed on 10-06-00
Revised on 01-16-01
Revised on 02-14-01
FED AND RECORDED
OFFICIAL PUBLIC RECORDS
05-23-20009:26 W 2001035830
JACK If•
NANCYE.COUNNTTY1, TEXAS
N
� _. F
O
s '
Subject Tract 3
0.451 ac
Subject Tract 1
0.545 ac
E"OId_Settler -Blvd
Subject Tract 4 Subject Tract 2
0.137 ac ¢ 0.098 ac
Ordinance No. A-08-10-23-1162
Annexing 0.137 acres of land being East Old Settlers Boulevard right-of-way immediately
west of Fairview Drive.
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 2008083388
E.I dAIN.
11/05/2008 10:31 AM
CMCNEELY $84.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS