A-08-11-13-11C3 - 11/13/2008ORDINANCE NO. ►1(/3
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
71.730 ACRES OF LAND, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK
SURVEY, ABSTRACT NO. 255, IN WILLIAMSON COUNTY;
FINDING THAT ALL NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH
AREA SHALL BECOME A PART OF THE CITY AND THAT THE
OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED
TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
TO BE HEREINAFTER ADOPTED; PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.028, Local Government
Code, the owners of a 71.730 acre tract of land out of the
Willis Donaho Survey, Abstract No. 173 and the Thomas Glasscock
Survey, Abstract No. 255, in Williamson County (the "Property"),
more fully described in Exhibit "A", have petitioned the City
Council in writing to annex the Property, and
WHEREAS, the petition for annexation is attached as
Exhibit "B" hereto and incorporated herein for all purposes, and
WHEREAS, the petition was filed more than five (5) days
and less than thirty (30) days before the City Council heard the
petition and the arguments for and against the annexation, and
WHEREAS, the Property is (1) one-half mile or less in
width; (2) contiguous to the City; and (3) vacant and without
residents, and
0:\wdox\ORDINANC\081113C3.DOC/rmc
WHEREAS, the City Council has determined that all
requirements of Section 43.028, Local Government Code have been
complied with and hereby consider it appropriate to grant the
petition for annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
II.
That the City Council has heard the arguments for and
against the annexation and has determined to grant the petition
for annexation.
III.
That the property described in Exhibit "A" attached hereto
and incorporated herein for all purposes, be and is hereby
annexed and brought within the corporate limits of the City of
Round Rock, Williamson County, Texas, and same is hereby made an
integral part hereof.
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of said City and are hereby bound
by all acts, ordinances and all other legal action now in full
force and effect and all those which may be hereafter adopted.
2
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
3
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.
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 rat- day
of NVLwev_
, 2008.
4
Alternative 2.
READ and APPROVED on first reading this the
, 2008.
day of
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Sii/vAiu ftlia(
SARA L. WHITE, City Secretary
5
Annex -2
71.730 Acres Tract
Pale 1 of 2
EXHIBIT
„A„ •
•
DESCRIPTION
FOR A 71.730 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 ,AND 1N THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, SAID 71.730 ACRE TRACT_ AS SHOWN ON THE
ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northwest corner of Settlers Overlook Section 3. a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County, same being
the northeast corner of "Saddlebrook Estates. Section 2", a subdivision according to the plat of
record in Cabinet F. Slides 42-43 of the Plat Records of said County, same being the south line
of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Saddlebrook Estates. Section 2", same being the
south line of a Remnant Portion of said 1200.19 acre tract, S 68° 53' 46" W for a distance of
386.23 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. N 21° 27' 24" W
for a distance of 2567.42 feet to a point on the approximate centerline of County Road 112.
(right-of-way width varies). for an angle point hereof
THENCE with the approximate centerline of said County Road 112, the following two (2)
courses and distances:
1. N 68° 38' 34" E for a distance of 61.72 feet for an angle point hereof, and
2. N 70° 10' 34" E for a distance of 911.65 feet to a point on the west line of a called
868.54 acre tract of land described in deed to Nelson Homestead Family Partnership.
Ltd., of record in Document No. 9824076 of the Official Records of said County, for
an angle point hereof,
Annex -2
71.730 Acres Tract
Page 2 of
THENCE with the approximate centerline of said County Road 112, same being the west line of
said 868.54 acre tract, N 70° 06' 20" E for a distance of 284.32 feet for an angle point hereof:
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 19° 53' 40" E
for a distance of 2542.27 feet to a point on the north line of said Settlers Overlook Section 3,
same being a point on the south line of a Remnant Portion of said 1200.19 acre tract for an angle
point hereof:
THENCE in part with the north line of said Settlers Overlook Section 3, same being the south
line of a Remnant Portion of said 1200.19 acre tract. S 68° 55' 37" W for a distance of 801.71
feet to the POINT OF BEGINNING hereof and containing 71.730 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October. 2008:
/0-09-2
Parker J. Graham
Registered Professional Land Surveyor No. 5556
BAKER-A.ICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512)-260-3700
Job No.: 1774-2-001-00
Filename: W:vPROJECTSvAVERY@C1-IANDLER RD\AVERY
& BOUNDS\AVERY ANNEX-2.DOC
OVERALL ANNEXATION\METES
SKETCH TO ACCOMPANY DESCRIPTION
Acres
QUITCLAIM
v1E 773, PAGE 652
ED RECORDS
,ON COUNTY, TEXAS
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REMNANT PORTION OF A
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DOCUMENT NO. 2002071336 �?
OFFICIAL PUBLIC RECORDS
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JOB NO. 1774-2-001-00
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Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK RD.
CEDAR PARK, TX 7E1513
(512) 2603700
W:\PROJECTS)AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWG\AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -2) October 27, 2003 - 10:41am
ANNEXATION OR CITY LIMITS EXTENSION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of land, which is (1)
one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant
and without residents, or on which less than three (3) qualified voters reside,
hereby petition your Honorable Body to extend the present city limits so as to
include as a part of the City of Round Rock, Texas, the property described in
Exhibit "A", attached hereto and made a part hereof.
1
D
EXHIBIT
We hereby certify, under oath, that:
WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED
TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 5x263
2002071336, Official Public Records of Williamson County.
Avery Ranch Company, Ltd., a Texas
Limited partnership
By: CJAC, Inc., a Texas corporation,
It General Partner
By:
resident
1 144 4`{-(
Joh :. Avery, Trustee o Ehe Children of Lucille
Sharp Avery Trusts, the Charles N. Avery, III Exempt
Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust.
Owner(s)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr.
this( day of October, 2008, A.D.
x,3 1 ij{ ° { 1..;
REBECCA K. HEFNER
My
Notary
Expires ' Notary Public, State of Texas
Public, State of Texas
July 30, 2010
Revised 5-17-05
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of October, 2008, by
John S. Avery, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of
Avery Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC,
Inc., its General Partner, and for the purposes and consideration therein expressed and in
the capacity therein stated, and that he was authorized to do so.
Notary Public -State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
REBECCA HEFNER
'~-=--'
Notary Public, State of Texas
MV Commission Expires
July 30, 2010
This instrument was acknowledged before me on this, f'
day of October,
2008, by John S. Avery, Sr., Trustee of the Children of Lucille Sharp Avery Trusts, the
Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust.
Notary Public - State of Texas
REBECCA K. HEFNER
Notary Public, State of Texas 1
My Commission Expires
July 30, 2010
4104..=01.a.1nsS+c:
DATE RECEIVED:
CITY COUNCIL HEARING:
Revised 5-17-05
Annex -2
71 .730 Acres Tract
Page 1 of 2
EXHIBIT
«A„
•
DESCRIPTION
FOR A 71.730 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, SAID 71.730 ACRE TRACT. AS SHOWN ON THE
ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northwest corner of Settlers Overlook Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County, same being
the northeast corner of "Saddlebrook Estates. Section 2", a subdivision according to the plat of
record in Cabinet F, Slides 42-43 of the Plat Records of said County, same being the south line
of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Saddlebrook Estates. Section 2", same being the
south line of a Remnant Portion of said 1200.19 acre tract, S 68° 53' 46" W for a distance of
386.23 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. N 21° 27' 24" W
for a distance of 2567.42 feet to a point on the approximate centerline of County Road 112.
(right-of-way width varies), for an angle point hereof,
THENCE with the approximate centerline of said County Road 112._ the following two (2)
courses and distances:
1. N 68° 38' 34" E for a distance of 61.72 feet for an angle point hereof, and
2. N 70° 10' 34" E for a distance of 911.65 feet to a point on the west line of a called
868.54 acre tract of land described in deed to Nelson Homestead Family Partnership..
Ltd., of record in Document No. 9824076 of the Official Records of said County, for
an angle point hereof,
Annex -2
71.730 Acres Tract
Page 2 of
THENCE with the approximate centerline of said County Road 112, same being the west line of
said 868.54 acre tract, N 70° 06' 20" E for a distance of 284.32 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 19° 53' 40" E
for a distance of 2542.27 feet to a point on the north line of said Settlers Overlook Section 3,
same being a point on the south line of a Remnant Portion of said 1200.19 acre tract for an angle
point hereof;
THENCE in part with the north line of said Settlers Overlook Section 3, same being the south
line of a Remnant Portion of said 1200.19 acre tract, S 68° 55' 37" W for a distance of 801.71
feet to the POINT OF BEGINNING hereof and containing 71.730 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central. Zone NAD 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October. 2008:
a
Parker J. Graham
Registered Professional Land Surveyor No. 5556
BAKER-A.ICKI..,EN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512)-260-3700
Job No.: 1774-2-001-00
Filename: W:\PROJECTSAAVERY@CHANDI_,ER RD\AVERY OVERALL ANNEXATIC)N\METES
& BOUNDS\AVERY ANNEX-2.DOC
Acres
SKETCH TO ACCOMPANY DESCRIPTION
NT0°p620„ NEC/
PPPROX
CEN�SR
QUITCLAIM
,AE 773, PAGE 652
ED RECORDS
ON COUNTY, TEXAS
S 68°38'34" W
61 72'
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AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
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7 & ASSOCIATES, INC,
Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK RD,
CEDAR PARK, TX 7861 3
(5 1 21 2503730
W:\PROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION \DWG \AVERY CENTRE ANNEXATION-OVERALL.dwg [ANNEX -2] October 27, 2008- 10:41am
DATE: November 6, 2008
SUBJECT: City Council Meeting—November 13, 2008
ITEM: 11C3. Consider an ordinance annexing 71.730 acres of land south of CR112
and east of North A.W. Grimes Boulevard, also known as the Avery
Centre East Tract 2. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
This is a petition for voluntary annexation. The Avery Family is requesting annexation and
zoning of approximately 900 acres for a master -planned, mixed use development near the
higher education centers in the northeast. Owing to a technicality of the Texas Local
Government Code, no tract to be voluntarily annexed may be more than one-half (1/2) mile in
width. Consequently, the proposed development area consists of a number of smaller tracts
for annexation purposes.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This tract of land is currently located within the City of Round Rock's ETJ in Williamson County.
Public Comment:
Public notice is not required for voluntary annexation, in accordance with Section 43.028 of the
Texas Local Government Code.
RECORDED
DOCUMENT
FOLLOWS
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD
15 PGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
2008088070
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 -08-11-13-11C3 which annexes 71.730 acres of land south of CR 112 and
east of North A.W. Grimes Boulevard, also known as Avery Centre East Tract 2.
This ordinance was approved and adopted by the City Council of the City of
Round Rock Texas at a regular meeting held on the 13th day of November 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 18th day of November 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. IC/3
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
71.730 ACRES OF LAND, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK
SURVEY, ABSTRACT NO. 255, IN WILLIAMSON COUNTY;
FINDING THAT ALL NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH
AREA SHALL BECOME A PART OF THE CITY AND THAT THE
OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED
TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
TO BE HEREINAFTER ADOPTED; PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.028, Local Government
Code, the owners of a 71.730 acre tract of land out of the
Willis Donaho Survey, Abstract No. 173 and the Thomas Glasscock
Survey, Abstract No. 255, in Williamson County (the "Property"),
more fully described in Exhibit "A", have petitioned the City
Council in writing to annex the Property, and
WHEREAS, the petition for annexation is attached as
Exhibit "B" hereto and incorporated herein for all purposes, and
WHEREAS, the petition was filed more than five (5) days
and less than thirty (30) days before the City Council heard the
petition and the arguments for and against the annexation, and
WHEREAS, the Property is (1) one-half mile or less in
width; (2) contiguous to the City; and (3) vacant and without
residents, and
0:\wdox\ORDINANC\081113C3.DOC/rmc
WHEREAS, the City Council has determined that all
requirements of Section 43.028, Local Government Code have been
complied with and hereby consider it appropriate to grant the
petition for annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
IL
That the City Council has heard the arguments for and
against the annexation and has determined to grant the petition
for annexation.
III.
That the property described in Exhibit "A" attached hereto
and incorporated herein for all purposes, be and is hereby
annexed and brought within the corporate limits of the City of
Round Rock, Williamson County, Texas, and same is hereby made an
integral part hereof.
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of said City and are hereby bound
by all acts, ordinances and all other legal action now in full
force and effect and all those which may be hereafter adopted.
2
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
3
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.
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 r day
of ray`ekALa'V_ , 2008.
4
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
ATTEST:
•S,f/14nA, lAkb(
SARA L. WHITE, City Secretary
YYl
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
Annex -2
71 .730 Acres Tract
Page 1 of 2
I EXHIBIT
«A„
DESCRIPTION
FOR A 71.730 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, SAID 71.730 ACRE TRACT, AS SHOWN ON THE
ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northwest corner of Settlers Overlook Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County, same being
the northeast corner of "Saddlebrook Estates. Section 2'', a subdivision according to the plat of
record in Cabinet F, Slides 42-43 of the Plat Records of said County, same being the south line
of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Saddlebrook Estates, Section 2'', same being the
south line of a Remnant Portion of said 1200.19 acre tract, S 68° 53' 46" W for a distance of
386.23 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract.. N 21° 27' 24" W
for a distance of 2567.42 feet to a point on the approximate centerline of County Road 112,
(right-of-way width varies), for an angle point hereof.
THENCE with the approximate centerline of said County Road 112, the following two (2)
courses and distances:
1. N 68° 38' 34" E for a distance of 61.72 feet for an angle point hereof. and
2. N 70° 10' 34" E for a distance of 911.65 feet to a point on the west line of a called
868.54 acre tract of land described in deed to Nelson Homestead Family Partnership..
Ltd., of record in Document No. 9824076 of the Official Records of said County, for
an angle point hereof,
Annex -2
71.730 Acres Tract
Page 2 of 2
THENCE with the approximate centerline of said County Road 112, same being the west line of
said 868.54 acre tract, N 70° 06' 20" E for a distance of 284.32 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 19° 53' 40" E
for a distance of 2542.27 feet to a point on the north line of said Settlers Overlook Section 3,
same being a point on the south line of a Remnant Portion of said 1200.19 acre tract for an angle
point hereof;
THENCE in part with the north line of said Settlers Overlook Section 3, same being the south
line of a Remnant Portion of said 1200.19 acre tract. S 68° 55' 37" W for a distance of 801.71
feet to the POINT OF BEGINNING hereof and containing 71.730 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September. 2003.
Surveyed under the direct supervision of the undersigned during October. 2008:
Parker J. Graham
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park_ Texas 78613
(512)-260-3700
/0 -29- 2c. g
Job No.: 1774-2-001-00
Filename: W:\PROJECTS`AVERY(CHANDLER RD\AVERY OVERALL ANNEXATION\METES
& BOUNDS\AVERY ANNEX-2.DOC
SKETCH TO ACCOMPANY DESCRIPTION
Acres
QUITCLAIM
dE 773, PAGE 652
ED RECORDS
ON COUNTY, TEXAS
S 68°38'34" w
61 72'
'249'41
568°3934 •
62 E
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61.72'
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\4,o0p620
AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
900546 5346
N
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71.73 ACRES
POB 2
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
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N10"p62o•L SGC°
PPPROX.
2
568 5531,VJ
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BAKER-AICKLEN
5 ASSOCIATES, INC.
Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK RO
CEDAR PARK, 7X78613
(5 7 2) 2603700
W:\PROJECTSOAVERY@CHANDLER RD\AVERY OVERALL ANNEXATION \DWGWVERY CENTRE ANNEXATION-OVERALL.tlwg [ANNEX -2] October 27, 2008- 10:41am
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
ANNEXATION OR CITY LIMITS EXTENSION
IEXHIBIT
5 "BtI
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of land, which is (1)
one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant
and without residents, or on which less than three (3) qualified voters reside,
hereby petition your Honorable Body to extend the present city limits so as to
include as a part of the City of Round Rock, Texas, the property described in
Exhibit "A", attached hereto and made a part hereof.
We hereby certify, under oath, that:
WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED
TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. `ju 341,4
2002071336, Official Public Records of Williamson County.
Avery Ranch Company, Ltd., a Texas
Limited partnership
By: CJAC, Inc., a Texas corporation,
It General Partner
By:
S. Avery, Sr., it resident
%�L`41"-Z-t
Joh.. Avery, Trustee o Children of Lucille
Sharp Avery Trusts, the Charles N. Avery, III Exempt
Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina
Avery Fell Exempt Trust.
Owner(s)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr.
this itsday of October, 2008, A.D.
rue% REBECCA K. HEFNER
`1 Notary Public, State of Texas
/\ ;! My Commission Expires
July 30, 2010
Notary Public, State of Texas
Revised 5-17-05
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this c / day of October, 2008, by
John S. Avery, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of
Avery Ranch Company, Ltd., a Texas limited partnership, as the President of CJAC,
Inc., its General Partner, and for the purposes and consideration therein expressed and in
the capacity therein stated, and that he was authorized to do so.
.1,2„.„)_,(//
Notary Public -State of Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
REBECCA K HEFNER
Notary Public, State HEFNER
of Texas
My Commission
Expires
July 30, 2010
This instrument was acknowledged before me on this D day of October,
2008, by John S. Avery, Sr., Trustee of the Children of Lucille Sharp Avery Trusts, the
Charles N. Avery, III Exempt Trust, the John S. Avery Exempt Trust, the A. Nelson
Avery Exempt Trust, and the Lucille Christina Avery Fell Exempt Trust.
fJ-e_.�C 1,,e. - r
Notary Public - State of Texas
By, REBECCA K. HEFNER
s Notary Public, State of Texas
My Commission Expires
July 30, 2010
FIIIII`
DATE RECEIVED:
CITY COUNCIL HEARING:
Revised 5-17-05
Annex -2
7].730 Acres Tract
Page 1 of
EXHIBIT
«A„
•
DESCRIPTION
FOR A 71.730 ACRE TRACT OF LAND SITUATED IN THE WILLIS
DONAHUE SURVEY, ABSTRACT NO. 173 AND IN THE THOMAS
GLASSCOCK SURVEY, ABSTRACT NO. 255 WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF A REMNANT PORTION OF PARCEL
TWO, A CALLED 1200.19 ACRE TRACT IN DEED TO AVERY RANCH
COMPANY, LTD., OF RECORD IN DOCUMENT NUMBER 2002071336,
O.P.R.W.C., TEXAS, SAID 71.730 ACRE TRACT, AS SHOWN ON THE
ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at the northwest corner of Settlers Overlook. Section 3, a subdivision according to
the plat of record in Cabinet CC, Slides 219-220, of the Plat Records of said County, same being
the northeast corner of "Saddlebrook Estates, Section 2", a subdivision according to the plat of
record in Cabinet F, Slides 42-43 of the Plat Records of said County, same being the south line
of a Remnant Portion of said 1200.19 acre tract for a point on the south line and
POINT OF BEGINNING hereof;
THENCE in part with the north line of said "Saddlebrook Estates, Section 2", same being the
south line of a Remnant Portion of said 1200.19 acre tract, S 68° 53' 46" W for a distance of
386.23 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract. N 21° 27' 24" W
for a distance of 2567.42 feet to a point on the approximate centerline of County Road 112,
(right-of-way width varies), for an angle point hereof,
THENCE with the approximate centerline of said County Road 112._ the following two (2)
courses and distances:
1. N 68° 38' 34" E for a distance of 61.72 feet for an angle point hereof; and
2. N 70° 10' 34" E for a distance of 911.65 feet to a point on the west line of a called
868.54 acre tract of land described in deed to Nelson Homestead Family Partnership,
Ltd., of record. in Document No. 9824076 of the Official Records of said County; for
an angle point hereof,
Annex -2
7] .730 Acres Tract
Page 2 of 2
THENCE with the approximate centerline of said County Road 112, same being the west line of
said 868.54 acre tract. N 70° 06' 20" E for a distance of 284.32 feet for an angle point hereof;
THENCE through the interior of a Remnant Portion of said 1200.19 acre tract, S 19° 53' 40" E
for a distance of 2542.27 feet to a point on the north line of said Settlers Overlook Section 3,
same being a point on the south line of a Remnant Portion of said 1200.1.9 acre tract for an angle
point hereof;
THENCE in part with the north line of said Settlers Overlook Section 3, same being the south
line of a Remnant Portion of said 1200.19 acre tract, S 68° 55' 37" W for a distance of 801.71
feet to the POINT OF BEGINNING hereof and containing 71.730 acres of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during August and September, 2003.
Surveyed under the direct supervision of the undersigned during October, 2008:
Parker .i. Graham
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES. INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512)-260-3700
•••••••••00UAHA ...
!. .71.0 5556a . '
Job No.: 1774-2-001-00
Filename: W:\PROJECTS`AVERY(. CHANDLER RD\AVERY OVERALL ANNEXATION\METES
& BOUNDS\AVERY ANNEX-2.DOC
Acres
QUITCLAIM
dE 773, PAGE 652
ED RECORDS
ON COUNTY, TEXAS
S 68.38'34" W
61 72'
40,0
S 6a°3 44
834^
SKETCH TO ACCOMPANY DESCRIPTION
57: �49
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AVERY RANCH COMPANY, LTD
REMNANT PORTION OF A
(CALLED 1200.19)
DOCUMENT NO. 2002071336
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
V01
2
71.73 ACRES
POB 2
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569.5346
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DATE: OCT. 24, 2008
JOB NO. 1774-2-001-00
BY: PJG
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BAKER-AICKLEN
& ASSOCIATES, INC.
Engineers • Surveyors • GIS • Planning
405 BRUSHY CREEK R0.
CEDAR PARK, TX 78613
(51 21 2603700
W:IPROJECTSWVERY@CHANDLER RD(AVERY OVERALL ANNEXATION \DWG\AVERY CENTRE ANNEXATION-OVERALL.dwg (ANNEX -2) October 27, 2008- 10:41am
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
Ordinance No. A -08-11-13-11C3
Annexing 71.730 acres (Avery Centre East Tract 2)
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 2008088070
E .tea.►`
11/26/2008 04:28 PM
CMCNEELY $72.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS