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A-08-10-23-11B3 - 10/23/2008ORDINANCE NO. A---Ob--10 -23- 1113 3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.451 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 0.451 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\081023B3.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 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 ALAN MCGRAW, Mayor City of Round Rock, Texas SARA L. WHITE, City Secretary EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT FAIRVIEW - EAST TRACT DESCRIPTION BEING a 0.451 -acre tract of land, more or less, 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 2001071459, 2002088808, and 2001054266, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibits B, C, and D respectively, and said tract also being identified on the accompanying sketch as Subject Tract 3, attached hereto and made a part hereof. C z, 7O7I- 14 6I ty of 4144-4 evt-6_ SPECIAL WARRANTY DEED County Road 113 Right -of -Way N THE STATE OF TEXAS § a COUNTY OF WILLIAMSON1.11 § ZtSIS io • EXHIBIT AN Bll • WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such 4 other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of C, the proposed County Road 113 ("Project"); and, C) t.i WHEREAS, the purchase of the hereinafter -described premises has been deemed o necessary or convenient for the construction, expansion, enlargement, Q extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, JAMES B. BROOKS, JR. and wife, CONNIE BROOKS, 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: 0.123 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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; hov,ever, 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 pr 'scriptive 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 asgumes. ` TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns CORR!rRANSPORTAT)ON/CRI I3CONBROOKS/00010636 1 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 day of 5 E PT , 2001. JA 13VOOKS, JR. y &//t/ig-/lea-cleg2- CONNIE BROOKS Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the v % , day of Sf.4.7rEYh e e'2. , 2001 by JAMES B. BROOKS, JR. and wife, CONNIE BROOKS. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN . Austin Title Company 9)11 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 COR WTRANSPORTATION/CRI 13CON/BROOKS/00010636 2 sui FIELD NOTE DESCRIPTION FOR A 0.123 ACRE TRACT: BEING A TRACT Olt PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 4.65 ACRE TRACT, CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PAGE 887, OF THE DEED 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 Kiphen Road, for the southwest corner of said 4.65 acre tract of land, the same being the southeast corner of a 5.508 acre tract of land conveyed to Hussain Mehrabian, and recorded in Volume 2336, Page 22, 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 4.65 acre tract and the east line of said 5.508 acre tract, North 19°00'53" West, a distance of 26.36 feet, to a calculated point for the northwest corner of this tract; THENCE, departing the west line of said 4.65 acre tract, the east line of said 5.508 acre tract, crossing said 4.65 acre tract, South 88°37'12" East, a distance of 222.08 feet, to a calculated point in the east line of said 4.65 acre tract and the west line of a 6.57 acre tract conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the Deed Records of Williamson County, Texas, for the northeast corner of this tract; THENCE, with the east line of said 4,65 acre tract and the west line of said 6.57 acre tract, South 18°47'32" East, a distance of 25.34 feet, to a calculated point in the north right-of-way line of said County Road No, 113, for the southwest comer of said 6.57 acre tract, for the southeast corner of said 4.65 acre tract, and for the southeast corner of this tract; THENCE, with the North right-of-way line of County Road No. 113, and the south line of said 4.65 acre tract, North 88°51'32" West, a distance of 221.63 feet, to the POINT OF BEGINNING. Containing 0.123 acres of land more or leas. c-Ct"COC,.11 S 7121101 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 S:\Land Projects R216581docs1Brooks.doc Page l of l Revised on 10-06-00 Revised on 1-15-01 Revised on 2-14-01 0 ACCOMPANY FIELD O U W SNE •a•o•o•M LL£O9L6 '0N •0001 008a3119 Aom 0 lin co N _�� ^ N NN) 3~ •r— IN 3 1-- r -re) coot zto L� C 0_ N POINT OF BEGINNING IN FIELD NOTE LEGAL DESCRIPTION• a O CrW 0.. N av Z M Z ►- N WX oor Z Z CO U Z CD UJ �OC (/) N v g) n 02/21/01 08&04,13 AM CST 0 L - BREND A VANE; RDERS MEMORANDUM d or pans niche tat m this pap was no:for solidoctoey ton. 2002088808 7 vgS SPECIAL WARRANTY DEED County Road 113 Right -of -Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § EXHIBIT wcfl 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, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, HOSSAIN MEHRABIAN and wife, ORLENA MEHRABIA13 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: TRACT 1: 0.118 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A" attached hereto. TRACT 2: 0.128 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "B" attached hereto. 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; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of 00005322.WPD 1 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 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. S1" IN WITNESS WHEREOF, this instrument is executed on this theo/ day of 2002. State of Texas County of Williamson of MEHRABIAN HO IN MEHRABIAN ORLENA MEHRABIAN Acknowledgment This i strument was acknowledged before me on this the 3-1 day 002 HOSSAIN MEHRABIAN and wife, ORLENA Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main RECORDERS MEMORANDUM Round Rock, Texas All or parts of the text on this page was not clearly legible for satisfactory recordation. AFTER RECORDING RETURN TO: Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD 2 FIELD NOTE DESCRIPTION FOR A 0.118 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 THAT CERTAIN 6.57 ACRE TRACT, CONVEYED TO HUSSAIN MEHRABIAN IN VOLUME 2386, PAGE 208, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at the southwest corner of said 6.57 acre tract of land, the same being the southeast corner of a 4.65 acre tract of land conveyed to James Brooks Jr. and recorded in Volume 790, Page 887, of the Deed Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. 113, known locally as Kiphen Road, for the southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE with the west line of said 6.57 acre tract and the east line of said 4.65 acre tract, North 18°47'32" West, a distance of 25.34 feet, to a calculated point for the northwest corner of this tract; THENCE, departing the west lino of said 6.57 acre tract, the east line of said 4.65 acre tract, crossing said 6.57 acre tract, South 88°37'12" East, a distance of 222.01 feet, to a calculated point in the east line of said 6.57 acre tract and the west line of a 38.00 acre tract conveyed to Robert Dillard and recorded in Volume 1390, Page 799, of the Deed Records of Williamson County, Texas, for the northeast corner of this tract; THENCE, with the east line of said 6.57 acre tract and the west line of said 38.00 acre tract, South 19°05'32" East, a distance of 24.40 feet to a point for the southeast corner of said 6.57 acre tract and the southwest corner of said 38.00 acre tract, said point being in the north right-of-way line of County Road No. 113, and being the southeast corner of this tract; THENCE, with the north right-of-way line of County Road No. 113, North 88°51'32" West, a distance of 221.81 feet, to the POINT OF BEGINNING. Containing 0.118 acres of land, more or less. Pqt-c0cdf Randall S. Jones Registered Profession State of Texas Date: September 28, 2000 (n.A., ?1/ 2110 Date Surveyor No. 4391 RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 S:1Land Projects R216581docdMehrabian2.doc Page 1of1 Revised on 10-06-00 Revised on 01-16-01 Revised on 02-15-01 Edi /.F2 H 0 a o $>nm$$D W co zEEP a Ano;� N o0 1 8s�° o2m V cn c c - 1i1 43N4J03213d nag �N N N `3g ! HUSSAIN MEHRABIA,. 2336/22 — -S :'▪ -------- II 9 02 02 Cl o 2 to °' 1:7-04 zopSii u •• %J N z o �� z z oil Z., �Z u. z MI " NN .a cA 1 *,3 O • O 0 a 1' 1.•^f f i NP„in � II II v'Dpp 1 �j� �2 I 11 I4p im 99mmY"� P°C ' mEEC Do>21w Fcg<§§§ zZvP, o o Zz 1 - ? 444 i.Co -53 5 !N.t • -4 0 NJ N13 7:1 AAr �2 LUCY GUERRERO N DOC. NO. 9760377 W.C.O.R. (h .,4 to pie 2.1Z rra 2 0 01313 ANVd11O33d FIELD NOTE DESCRIPTION FOR A 0.128 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 THAT CERTAIN 5.508 ACRE TRACT, CONVEYED TO HUSSAIN MEHRABIAN IN VOLUME 2336, PAGE 22, OF THE OFFICIAL 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 Kiphen Road for the southwest corner of said 5.508 acre tract of land, the same being the southeast corner of Greenslope Addition Amended, a subdivision according to the plat thereof recorded in Cabinet "D", Slide 62, of the Plat Records of Williamson County, Texas, said point being the southwest corner and the POINT OF BEGINNING of the herein described tract THENCE with the west line of said 5.508 acre tract and the east line of said Greenslope Addition Amended, the following two (2) courses: 1. North 19°34'04" West, a distance of 10.64 feet to an iron rod found; 2. North 19°04'18" West, a distance of 16.65 feet to a calculated point, for the northwest corner of this tract THENCE, departing the west line of said 5.508 acre tract, the east line of said Greenslope Addition Amended, crossing said 5.508 acre tract, South 88°37'12" East, a distance of 222.34 feet, to a calculated point in the east line of said 5.508 acre tract and the west line of a 4.65 acre tract conveyed to James Brooks, Jr. in Volume 790, Page 887, of the Deed Records of Williamson County, Texas, for the northeast corner of this tract; THENCE, with the east line of said 5.508 acre tract and the west line of said 4.65 acre tract, South 19°00'53" East, a distance of 26.36 feet to an iron rod found in the north right- of-way line of said County Road No. 113, for the southeast corner of said 5.508 tract, the southwest corner of said 4.65 acre tract, and for the southeast corner of this tract; THENCE, with the north right-of-way line of said County Road No. 113, the south line of said 5.508 acre tract, North 88°50'03" West, a distance of 221.91 feet, to the POINT OF BEGINNING. Containing 0.128 acres of land more or less. QQ cOcei cp.. 2/z1Jo, Randall S. Jones Date Registered Professio Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 S:\Land Projects 112%581docs\Mehrabian .0.128ac-doc.doc Page 1 of 1 Revised on 10-06-00 Revised on 1-15-01 Revised on 2-14.01 3Nd-1 d ON388 c z a (J N C m z 0 z n 1 i 1 0 0 1 2 0 a131A ANVd11O00'd z 0 P.444'# t*8 ASA 2JZ FILES RNA RECORDED OFFICIAL PUBLIC RECORDS 11-12-2007 08:13 AM 2002088808 ANDERSON $21.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Please Return to: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 OZ tff121-1 ObIlits CiAti ZrS7sp SPECIAL WARRANTY DEED N County Road 113 Right -of -Way a THE STATE OF TEXAS S t�7 § COUNTY OF WILLIAMSON § EXHIBIT r qo WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of o the proposed County Road 113 ("Project"); and, ri WHEREAS, the purchase of the hereinafter -described premises has been deemed Q necessary or convenient for the construction, expansion, enlargement, (4J extension, improvement, or operation of the Project; NOW, THEREFORE, IQ'OW ALL MEN HY THESE PRESENTS: That, CURTIS R. HEHMAN and wife, MARY KATHERINE HEHMAb1 hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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 Donated and by these presents do Grant, Bargain, Donate 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: BEING 0.082 acres, more or less, out of Lot Two (2) 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; 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. 00005322. WPD 1 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in 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 and Grantors have made no representations or warranties concerning the Property and the City of Round Rock is purchasing the Property AS IS. IN WITNESS WHEREOF, this instrument is executed on this the /Z day of AUL. Y , 2001. State of Texas County of Williamson of HEH (A: E C IS R. HEHMAN MARY THERINE HEHMAN Acknowledgment This instrument was acknowledged before me on this the J. , day , 2001 by CURTIS R. HERMAN and wife, MARY KATHERINE SUSAN PATTERSON Eh '" MY COMMISSION EXPIRES February 1.2004 .,4wa07 AfeAgi,,60$v Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD 2 kikaamid A- FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT: BEING A TRACT OR 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 GREENSLOPE ADDITION AMENDED, LOT #2, 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 Kiphen Road, for the Southwest corner of said Lot 2, being in the East right- of-way line of Fairview Drive, for the Southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE with the West line of said Lot 2 and the East right-of-way line of' said Fairview Drive, North 1r47'08" West, a distance of 17.67 feet, to a calculated point for the Northwest corner of this tract; THENCE, departing the West line of said Lot 2, the East right-of-way of said Fairview Drive, through said Lot Z, South 88°3712" East, a distance of224.23 feet, to a calculated point in the East Iine of said Lot 2 and the West line of that certain 5.508 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2336, Page 22, of the Official Records of Williamson County, Texas, for the Northeast corner of tlds tract; THENCE, with the East line of said Lot 2 and the West line of said 5.508 acre tract, South 19°04'18" East, a distance of 16.65 feet, to a iron rod found at a point in the North right-of-way line of County Road No. 113, for the Southeast corner of this tract; THENCE, with the North right-of-way line of County Road No. 113, being the South line of said Lot 2, North 88°52'20" West, a distance of 223.95 feet, to the POINT OF BEGINNING. Containing 0.082 acres of land more or less. R04-ciOdi, S z /2,/o I Randall S. Jones Date Registered Professio d Surveyor No. 4391 State of Texas Date: September 28, 2000 RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 8:Land Projects R216581docs1GSLOT2.doe Page l of l Revised on 10-06-00 Revised on 01-15-01 Revised on 02-14-01 FILED SID RECORDED OFFICIAL PUBLIC RECORDS 1 j. 07-27-200x02:35 PM 2001054266 ANDERSON $13.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY' TEXAS no NI I NI 1.1. um .. i� iii ill i•riFil e apito*4 osis IN MI !RI IN son Ay 4 410 } _ Rockin=J -Rd muff 4111.711 a 1. Mr4 41 ME NI& Fr, Am • CO cu vOli ;gre aOa. s l^ . DATE: October 16, 2008 SUBJECT: City Council Meeting — October 23, 2008 ITEM: *1163. Consider an ordinance annexing 0.451 acres, being East Old Settlers Boulevard right-of-way immediately east 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 — East 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 IIIIii IIIII IIIII I IIII IIIII IIIII IIIII IIII I IIIII IIIII illi THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK III ORD 24 PGS 2008083387 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 -08-10-23-11B3 which annexes 0.451 acres of land, being East Old Settlers Boulevard right-of-way immediately east 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. 'S•vIrmA_ (Afew SARA L. WHITE, City Secretary ORDINANCE NO. i�"O )-(0 - 2?- II 53 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.451 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 0.451 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 requirements of Chapter Council has determined that all 43, Local Government Code have been complied with and hereby consider annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: it appropriate to approve the O:\WDOX\ORDINANC\081023B3.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. 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 234 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 0 )110 - ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT FAIRVIEW - EAST TRACT DESCRIPTION BEING a 0.451 -acre tract of land, more or less, 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 2001071459, 2002088808, and 2001054266, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibits B, C, and D respectively, and said tract also being identified on the accompanying sketch as Subject Tract 3, attached hereto and made a part hereof. EXHIBIT IA Br, I okArcI- tchi of �'vuM4 eva_ SPECIAL WARRANTY DEED County Road 113 Right -of -Way aTHE STATE OF TEXAS § COUNTY OF WILLIAMSON § 2.1/5P OS 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 C, the proposed County Road 113 ("Project"); and, C) r.{ WHEREAS, the purchase of the hereinafter -described premises has been deemed Q necessary or convenient for the construction, expansion, enlargement, Q extension, improvement, or operation of the Project; C4 NOW, THEREFORE, KNOW ALL NEN BY THESE PRESENTS: That, JAMES B. BROOKS, JR. and wife, CONNIE BROOKS, 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: 0.123 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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; hovever, ryothing 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; 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 asgumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns CORRlrRANSPORTATION/CR 113CONBROOK.S/00010636 1 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 aj day of ,SEPT , 2001. CONNIE BROOKS Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the o % , day of Sfa-Tryh l.3 6fe. , 2001 by JAMES B. BROOKS, JR. and wife, CONNIE BROOKS. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN. (.5° Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 CORRI RANSPORTATIOWCR1I3CON/BROOKS/00010636 2 NO SEA FIELD NOTE DESCRIPTION FOR A 0.123 ACRE TRACT: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 4.65 ACRE TRACT, CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PAGE 887, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ANI) 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 4.65 acre tract of land, the same being the southeast corner of a 5.508 acre tract of land conveyed to Hussain Mehrabian, and recorded in Volume 2336, Page 22, 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 4.65 acre tract and the east line of said 5.508 acre tract, North 19°00'53" West, a distance of 26.36 Beet, to a calculated point for the northwest corner of this tract; THENCE, departing the west line of said 4.65 acre tract, the east line of said 5.508 acre tract, crossing said 4.65 acre tract, South 887'12" East, a distance of 222.08 feet, to a calculated point in the east line of said 4.65 acre tract and the west line of a 6.57 acre tract conveyed to Hussain Meluabian and recorded in Volume 2386, Page 208, of the Deed Records of Williamson County, Texas, for the northeast comer of this tract; THENCE, with the east line of said 4.65 acre tract and the west line of said 6.57 acre tract, South 18°47'32" East, a distance of 25.34 feet, to a calculated point in the north right-of-way line of said County Road No. 113, for the southwest corner of said 6.57 acre tract, for the southeast corner of said 4.65 acre tract, and for the southeast corner of this tract; THENCE, with the North right-of-way_line of County Road No. 113, and the south line of said 4.65 acre tract, North 88°51'32" West, a distance of 221.63 feet, to the POINT OF BEGINNING. Containing 0.123 acres of land more or less. ?c?'c91&/S S' 2/ 2 s/ a l 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 S:\Land Projects R216581docs\Bmoks.doc Page 1 of 1 Revised on 10-06-00 Revised on 1-15-01 Revised on 2-14-01 to 0 (re co c4 Joao W S S a U 0 3 < cc Q N Ot- O0 a a LLEO9L6 '0N '0O0 O 3bj3n0 ADM t Z 12 • N N cc; m O r) <s.-1 ODMD OO N F- SNa ..`-'i UZUZU�Z� M�U i 6. 000> Opa Zr) Cf) to to a I,oW 1) w Std W F- CO N < < < d 00 O M 33 zZ W N Da flW OU :r oDa C �a �j\M o�.II it m�NDo = 333 ..... .Q —N 0 0 CC ACCOMPANY 0 1— U W 04- o �co N _ N N O , N NN N W cif �� w M 3 r ZooU N �� <a to raj `"v) caco o v) 0o in co a-' z� CL' DEto ‘314- Co o co z a w 0417i ri z A to LEGAL DESCRIPTION: PERFORMED w z z_ n mr N v to BREND A LANE u iiir-CORDERS MEMORANDUM oL or of & tat OA this room notkplile for roa�don. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 09-27-2003"01:46 PH 2001071459 ANDERSON $17.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS 2002088808 7 pigs SPECIAL WARRANTY DEED County Road 113 Right -of -Way THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § EXHIBIT .AC tr 0 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, HOSSAIN MEHRABIAN and wife, ORLENA MEHRABIAN hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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: TRACT 1: 0.118 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A" attached hereto. TRACT 2: 0.128 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "B" attached hereto. 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; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of 00005322.WPD 1 1 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 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 .5 14 ,�� day of 2002. State of Texas County of Williamson HO N MEHRABIAN bv21,,A42,_,„ ORLENA MEHRABIAN Acknowledgment This i strument was acknowledged before me on this the 3-1- day � 002 }�,y HOSSAIN MEHRABIAN and wife, ORLENA Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309East Main RECORDERS MEMORANDUM Round Rock, Texas All or parts of the text on this page was not AFTER RECORDING RETURN TO: clearly legible for satisfactory recordation. Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322. W PD 2 FIELD NOTE DESCRIPTION FOR A 0.118 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 THAT CERTAIN 6.57 ACRE TRACT, CONVEYED TO HUSSAIN MEEW.ABIAN IN VOLUME 2386, PAGE 208, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at the southwest corner of said 6.57 acre tract of land, the same being the southeast corner of a 4.65 acre tract of land conveyed to James Brooks Jr. and recorded in Volume 790, Page 887, of the Deed Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. I13, known locally as Kiphen Road, for the southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE with the west line of said 6.57 acre tract and the east line of said 4.65 acre tract, North 18°47'32" West, a distance of 25.34 feet, to a calculated point for the northwest comer of this tract; THENCE, departing the west lino of said 6.57 acre tract, the east line of said 4.65 acre tract, crossing said 6.57 acre tract, South 88°37'12" East, a distance of 222.01 feet, to a calculated point in the east line of said 6.57 acre tract and the west line of a 38.00 acre tract conveyed to Robert Dillard and recorded in Volume 1390, Page 799, of the Deed Records of Williamson County, Texas, for the northeast corner of this tract; THENCE, with the east line of said 6.57 acre tract and the west line of said 38.00 acre tract, South 19°05'32" East, a distance of 24.40 feet to a point for the southeast oorner of said 6.57 acre tract and the southwest corner of said 38.00 acre tract, said point being in the north right-of-way line of County Road No. 113, and being the southeast corner of this tract; THENCE, with the north right-of-way line of County Road No. 113, North 88°51'32" West, a distance of 221.81 feet, to the POINT OF BEGINNING. Containing 0.118 acres of land, more or less. P qe-cadif s Randall S. Jones Registered Profession State of Texas Date: September 28, 2000 RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 en . Zr 2iJ0, Date Surveyor No. 4391 9:Land Protects R2\65*1docs\Mehrabian2.doc Page of1 Revised on 10-06-00 Revised on 01-16-01 Revised on 02-15-01 AO 46z 0 EA22EEP • xgr to 0> ooca -1m + 1„,z0 O1 m ry ca*-9Ca lets) cc- C z z n Imzz -<00 r._y•. g4 zm gm 2 33 m v otN i;1 v,c5;.!� tJ 3 r I HUSSAIN MEHRABIA,; 23.36/22 --8 1 W.C.D.R. i 1- . f r - p• 0 • 02.0 fr 'DOC NO. 9760377 W.C.O.R. 01313 1kNVd11O3Dd 0 IT1 sae 2,12 FIELD NOTE DESCRIPTION FOR A 0.128 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 THAT CERTAIN 5.508 ACRE TRACT, CONVEYED TO HUSSAIN MBHRABIAN IN VOLUME 2336, PAGE 22, OF THE OFFICIAL 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. 1 l3, known locally as Kiphen Road for the southwest corner of said 5.508 acre tract of land, the same being the southeast corner of Greenslope Addition Amended, a subdivision according to the plat thereof recorded in Cabinet `D", Slide 62, of the Plat Records of Williamson County, Texas, said point being the southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE with the west line of said 5.508 acre tract and the east line of said Greenslope Addition Amended, the following two (2) courses: 1. North 19°34'04" West, a distance of 10.64 feet to an iron rod found; 2. North 19°04'18" West, a distance of 16.65 feet to a calculated point, for the northwest corner of this tract; THENCE, departing the west line of said 5.508 acre tract, the east line of said Greenslope Addition Amended, crossing said 5.508 acre tract, South 88°37'12" East, a distance of 222.34 feet, to a calculated point in the east line of said 5.508 acre tract and the west line of a 4.65 acre tract conveyed to James Brooks, Jr. in Volume 790, Page 887, of the Deed Records of Williamson County, Texas, for the northeast corner of this tract; THENCE, with the east line of said 5.508 acre tract and the west line of said 4.65 acre tract, South 19°00'53" East, a distance of 26.36 feet to an iron rod found in the north right- of-way line of said County Road No. 113, for the southeast corner of said 5.508 tract, the southwest corner of said 4.65 acre tract, and for the southeast corner of this tract; THENCE, with the north right-of-way line of said County Road No. 113, the south line of said 5.508 acre tract, North 88°50'03" West, a distance of 221.91 feet, to the POINT OF BEGINNING. Containing 0.128 acres of land more or less. RoLka S ep & v zI o) Randall S. Jones Date Registered Professio Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 S:tLandProjaxs R216581docs\Mehratian .0.128ac-doc.doc Pap l of 1 Revised on 10-06-00 Revised on 1-15-01 Revised on 2-14-01 Egkitnr`i " Ric /of z • a 3Nd-1 d aN.388 £6Lb'-99 (ig) c L m Z 0 111 tO Okc _01 1 rn 0 1 0 ANVdWO33d F>4;41 n$ /is 2dZ FILED AND RECDRDE� OFFICIAL PUBLIC RECORDS 11-12-200708:13 AM 2002088808 NANCY E. ANDERSON 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS Please Return to: Sheets & Crossfield, P.C. J 309 E. Main Street Round Rock, TX 78664 hjm 02-47Z. Oe - SPECIAL WARRANTY DEED County Road 113 Right -of -Way a THE STATE OF TEXAS S § COUNTY OF WILLIAMSON § EXHIBIT „D„ WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, Ul expansion, enlargement, extension, improvement, or operation of a portion of o the proposed County Road 113 ("Project"); and, o WHEREAS, the purchase of the hereinafter -described premises has been deemed 0 necessary or convenient for the construction, expansion, enlargement, CJ extension, improvement, or operation of the Project; NOW, THEREFORE, IQJOW ALL MEN BY THESE PRESENTS: That, CURTIS R. HERMAN and wife, MARY KATHERINE HEHMAN 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 Donated and by these presents do Grant, Bargain, Donate 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: BEING 0.082 acres, more or less, out of Lot Two (2) 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; 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. 00005322. WPD 1 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in 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 and Grantors have made no representations or warranties concerning the Property and the City of Round Rock is purchasing the Property AS IS. IN WITNESS WHEREOF, this instrument is executed on this the L day of AUL y , 2001. (a6Del EIS R. HEHMAN MARY KATHERINE HEHMAN Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the J. , day of S'UL`/ , 2001 by CURTIS R. HEHMAN and wife, MARY KATHERINE HEH PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN TO: 0Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD 2 AC&AiNtid I+ id FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT: BEING A TRACT OR 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 GREENSLOPE ADDITION AMENDED, LOT #2, 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 Kiphen Road, for the Southwest corner of said Lot 2, being in the East right- of-way line of Fairview Drive, for the Southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE with the West line of said Lot 2 and the East right-of-way line of said Fairview Drive, North 18°47'08" West, a distance of 17.67 feet, to a calculated point for the Northwest corner of this tract; THENCE, departing the West line of said Lot 2, the East right-of-way of said Fairview Drive, through said Lot 2, South 88'37'12" East, a distance of 224.23 feet, to a calculated point in the East line of said Lot 2 and the West line of that certain 5.508 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2336, Page 22, of the Official Records of Williamson County, Texas, for the Northeast comer of this tract; THENCE, with the East line of said Lot 2 and the West line of said 5.508 acre tract, South 19°04'18" East, a distance of 16.65 feet, to a iron rod found at a point in the North right-of-way line of County Road No. 113, for the Southeast comer of this tract; THENCE, with the North right -of --way line of County Road No. 113, being the South line of said Lot 2, North 88°52'20" West, a distance of 223.95 feet, to the POINT OF BEGINNING. CoRa-44, taining 0 082 acres of land more or less. S /2 Vo Randall S. Jones Date Registered Professio d Surveyor No. 4391 State of Texas Date: September 28, 2000 RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 S:Land Projects R216581docs1GSwr2.doe Page 1of1 Revised on 10-06-00 Revised on 01-15-01 Revised on 02-1401 FILED AND RECORDED OFFICIAL PUBLIC RECORDS lie 07-27-200T 02:35 PM 2001054266 ANDERSON 813.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS N O; s Subject Tract 3 0.451 ac E Subject Tract 1 �- 0.545 ac E"Old"Settlers Blvd Subject Tract 4 07 Subject Tract 2 0.137 ac a 0.098 ac Ordinance No. A -08-10-23-11B3 Annexing 0.451 acres of land being East Old Settlers Boulevard right-of-way immediately east 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 2008083387 E.1RA.►, 11/05/2008 10:31 AM CMCNEELY $108.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS