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A-08-11-13-11C9 - 11/13/2008ORDINANCE NO. A-09-11 -t t C9 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 142.870 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 142.870 acre tract of land out of the Thomas Toby Survey, Abstract No. 624, the Thomas Toby Survey, Abstract No. 625 and the Willis Donaho Survey, Abstract No. 173, 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 0:\WDOX\ORDINANC\081113C9.DOC/rmc WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the 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 2 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. 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, 3 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. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this � day of tja, 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. SARA L. WHITE, City Secretary ALAN-4ICGRAW, Mayor City of Round Rock, Texas 5 Annex -7 142.870 Acres Tract Page 1 of 4 IEXHIBIT «A„ DESCRIPTION FOR A 142.870 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THOMAS TOBY SURVEY, ABSTRACT NO. 625, AND THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173 IN 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.RW.C., TEXAS, SAID 142.870 ACRE TRACT, AS SHOWN ON TIIE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west right-of-way line of Farm to Market 1460 (80 foot right-of- way width), said point being the eastern terminus of the Boundary Line Agreement between Avery Ranch Company. Ltd. and Wallin Family Investments, L.P. of record in Document No. 2004000841 of the Official Public Records of said County, for the southeast corner and POINT OF BEGINNING hereof; THENCE with said Avery / Wallin Boundary Line Agreement, S 68° 23' 29" W for a distance of 1387.54 feet to an angle point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of a remainder of a called 152.38 acre tract of land as described in that deed to Wallin Family Investments, L.P. of record in Document No. 2003057844 of the Official Public Records of said County, same being a point in the northeast line of a called 2.05 acre tract of land as described in that deed to Todd Wayne Frank and recorded in Document No. 2000080601 of the Official Public Records of said County, for an angle point hereof.; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northeast line of said 2.05 acre tract_. N 23° 08' 00" W for a distance of 111.06 feet to an angle point for the northeast corner of said 2.05 acre tract, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 2.05 acre tract. S 69° 26' 04" W for a distance of 219.14 feet to an angle point for the northwest corner of said 2.05 acre tract, same being the northeast corner of a called 1.30 acre tract of land as described in that deed to James Franzetti and recorded in Document No. 2000069853 of the Official Public Records of said County, for an angle point hereof THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being in part the northwest line of said 1.30 acre tract. S 69° 19' 30" W for a distance of 213.10 feet to a an Annex -7 142.870 Acres Tract Page 2 of 4 - angle angle point of a Remnant Portion of said 1200.19 acre tract. said 1.30 acre tract, also being the northeast corner of a described in that deed to Ardalia E. Martin and recorded Official Records of said County, for an angle point hereof; same being the northwest corner of called 93.74 acre tract of land as in Volume 2571, Page 709 of the THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 93.74 acre tract, S 68° 43' 16" W for a distance of 1778.25 feet to an angle point for the southwest corner of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of a called 43.524 acre tract of land as described in that deed to the City of Round Rock and recorded in Document No. 9730900 of the Official Records of said County, for the southwest corner hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 43.524 acre tract, the following six (6) courses and distances: 1) N 1.0° 39' 34" W for a distance of 174.08 feet for an angle point hereof. 2) N 18° 26' 59" W for a distance of 108.08 feet for an angle point hereof, 3) N 30° 26' 56" W for a distance of 86.47 feet for an angle point hereof. 4) N 36° 12' 01" W for a distance of 170.18 feet for an angle point hereof, 5) N 78° 26' 31" W for a distance of 340.75 feet for an angle point hereof, and 6) N 12° 44' 54" W for a distance of 423.52 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southwest corner of Lot 5, Lakeside Subdivision Section Three, a subdivision recorded in Cabinet V. Slides 22 — 24 of the Plat Records of said County, for an angle point hereof: THENCE with a north line of a Remnant Portion of said 1200.19 acre tract, same being in part with the south line of said Lakeside Subdivision Section Three, N 68° 55' 30" E for a distance of 1558.72 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of Lot 1 of said Lakeside Subdivision Section Three, for an angle point hereof; THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being in part with the east line of said Lot 1 and the east line of Lakeside Subdivision Section Four._ a subdivision recorded in Cabinet X, Slides 285 — 286 of the Plat Records of said county, also in part with a Boundary Line Agreement recorded in Document No. 2003042829 of the Official Public Records of said County, the following four (4) courses and distances: Anne; -7 142.870 Acres Tract Page 3 of 4 1 j N 22° 21' 13" W for a distance of 146.26 feet for an angle point hereof, 2) N 19° 58' 40" W for a distance of 274.69 feet for an angle point hereof. 3) N 32° 19' 26" W for a distance of 417.14 feet for an angle point hereof; 4) N 30° 39' 24" W for a distance of 48.05 feet to an angle point for the northwest corner hereof, THENCE departing the east line of said Lot 1, same being the east line of said Lakeside Subdivision Section Four, through the interior of a Remnant Portion of said 1200.19 acre tract. N 84° 06' 43" E for a distance of 1764.04 feet to an angle point on the south line of a called 35.085 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042141 of the Official Public Records of said County, for a point of curvature hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south line of said 35.085 acre tract, with the arc of a curve to the left._ having a radius of 955.00 feet, an arc length of 72.94 feet, a central angle of 04° 22' 34", and a chord which bears N 81°55' 26" E for a distance of 72.93 feet for a point of tangency hereof. THENCE in part with the south line of said 35.085 acre tract and through the interior of a Remnant Portion of said 1200.19 acre tract_ N 79° 44' 09" E for a distance of 617.58 feet for a point of curvature hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south and east lines of said 35.085 acre tract, and in part with the east line of a called 15.00 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042140 of the Official Public Records of said County, the following five (5) courses and di stances: 1) with the arc of a curve to the right, having a radius of 895.00 feet, an arc length of 373.90 feet, a central angle of 23° 56' 11", and a chord which bears S 88° 17' 46" E for a distance of 371.19 feet for a point of tangency hereof. 2) S 76° 19' 41" E for a distance of 415.29 feet for a point of curvature hereof. 3) with the arc of a curve to the left, having a radius of 30.00 feet, an arc length of 47.12 feet, a central angle of 89° 59' 36", and a chord which bears N 58° 40' 31 E for a distance of 42.42 feet, for a point of tangency hereof. Annex -7 142.870 Acres Tract Pacle4of4 4) N 13° 40' 43" E for a distance of 79.01 feet for a point of curvature hereof, 5) with the arc of a curve to the left, having a radius of 4950.00 feet, an arc length of 785.29 feet, a central angle of 09° 05' 23", and a chord which bears N 09° 07' 58" E for a distance of 784.46 feet for an angle point hereof, and 6) N 86° 49' 33" E for a distance of 63.66 feet to a point on the west right-of-way line of Farm to Market Road 1460 (80' right-of-way), for an angle point hereof: THENCE with the west right-of-way line of said F. M. I460. same being the east line of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) S 12° 20' 39" W for a distance of 2174.60 feet for an angle point hereof. and 2) S 12° 15' 20" W for a distance of 54.01 feet to the POINT OF BEGINNING hereof and containing 142.870 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 Job No.: 1774-2-001-00 Filename: W:APROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-7.DOC d tt W p m U � N m 0 0 W 7 U Z� WZ E - — 2 W in- F— Q Q . 'U w 0 Y� QQm 0:1(Z • rir 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. 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. 20060S3%+, Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: efi'e / J S. Avery, Sr., Presi.ent Owner(s) SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this(``' day of October, 2008, A.D. REBECCA K, HEFNER Notary Public, State of Texas My Commission Expires July 30. 2010 Notary Public, State of Texas Revised 5-17-05 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the,_:-_ day of October, 2008, by John S. Avery, Sr., the President, of Avery Centre DevCo, Inc., a Texas business organization, on behalf of said business organization. `IA' ,,;o.>..r r�B% REBECCA K. NEFNER •. '- Notary Public, State of Texas My Commission Expires ;,'' July 30, 2010 I Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -7 142.870 Acres Tract Page 1 of 4 IEXHIBIT «A» DESCRIPTION FOR A 142.870 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THOMAS TOBY SURVEY. ABSTRACT NO. 625, AND THE WILLIS DONAHUE SURVEY. ABSTRACT NO. 173 IN \k'ILLIAMSON 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.RW.C., TEXAS, SAID 142.870 ACRE TRACT, AS SHOWN ON TI -IE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west right-of-way line of Farm to Market 1460 (80 foot right-of- way width), said point being the eastern terminus of the Boundary Line Agreement between Avery Ranch Company. Ltd. and Wallin Family Investments. L.P. of record in Document No. 2004000841 of the Official Public Records of said County, for the southeast corner and POINT OF BEGINNING hereof; THENCE with said Avery / Wallin Boundary Line Agreement, S 68° 23' 29" W for a distance of 1387.54 feet to an angle point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of a remainder of a called 152.38 acre tract of land as described in that deed to Wallin Family Investments, L.P. of record in Document No. 2003057844 of the Official Public Records of said County, same being a point in the northeast line of a called 2.05 acre tract of land as described in that deed to Todd Wayne Frank and recorded in Document No. 2000080601 of the Official Public Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northeast line of said 2.05 acre tract_. N 23° 08' 00" W for a distance of 111.06 feet to an angle point for the northeast corner of said 2.05 acre tract, for an angle point hereof: THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 2.05 acre tract. S 69° 26' 04" W for a distance of 219.14 feet to an angle point for the northwest corner of said 2.05 acre tract, same being the northeast corner of a called 1.30 acre tract of land as described in that deed to James Franzetti and recorded in Document No. 2000069853 of the Official Public Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being in part the northwest line of said 1.30 acre tract. S 69° 19' 30" W for a distance of 213.10 feet to a an Annex -7 142.870 Acres Tract Page 2 0-1,4 angle point of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 1.30 acre tract, also being the northeast corner of a called 93.74 acre tract of land as described in that deed to Ardalia E. Martin and recorded in Volume 2571, Page 709 of the Official Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 93.74 acre tract, S 68° 43' 16" W for a distance of 1778.25 feet to an angle point for the southwest corner of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of a called 43.524 acre tract of land as described in that deed to the City of Round Rock and recorded in Document No. 9730900 of the Official Records of said County, for the southwest corner hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 43.524 acre tract, the following six (6) courses and distances: 1) N 1.0° 39' 34" W for a distance of 174.08 feet for an angle point hereof, 2) N 18° 26' 59" W for a distance of 108.08 feet for an angle point hereof, 3) N 30° 26' 56" W for a distance of 86.47 feet for an angle point hereof. 4) N 36° 12' 01" W for a distance of 170.18 feet for an angle point hereof. 5) N 78° 26' 31" W for a distance of 340.75 feet for an angle point hereof. and 6) N 12° 44' 54" W for a distance of 423.52 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southwest corner of Lot 5, Lakeside Subdivision Section Three, a subdivision recorded in Cabinet V. Slides 22 — 24 of the Plat Records of said County, for an angle point hereof: THENCE with a north line of a Remnant Portion of said 1200.19 acre tract, same being in part with the south line of said Lakeside Subdivision Section Three, N 68° 55' 30" E for a distance of 1558.72 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of Lot 1 of said Lakeside Subdivision Section Three, for an angle point hereof; THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being in part with the east line of said Lot 1 and the east line of Lakeside Subdivision Section Four, a subdivision recorded in Cabinet X, Slides 285 — 286 of the Plat Records of said county, also in part with a Boundary Line Agreement recorded in Document No. 2003042829 of the Official Public Records of said County, the following four (4) courses and distances: Annex -7 142.870 Acres Tract Page 3 of4 1) N 22° 21' 13" W for a distance of 146.26 feet for an angle point hereof. 2) N 19° 58' 40" W for a distance of 274.69 feet for an angle point hereof. 3) N 32° 19' 26" W for a distance of 417.14 feet for an angle point hereof, 4) N 30° 39' 24" W for a distance of 48.05 feet to an angle point for the northwest corner hereof. THENCE departing the east line of said Lot 1, same being the east line of said Lakeside Subdivision Section Four. through the interior of a Remnant Portion of said 1200.19 acre tract - N 84° 06' 43" E for a distance of 1764.04 feet to an angle point on the south line of a called 35.085 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042141 of the Official Public Records of said County, for a point of curvature hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south line of said 35.085 acre tract, with the arc of a curve to the Left, having a radius of 955.00 feet, an arc length of 72.94 feet, a central angle of 04° 22' 34", and a chord which bears N 81°55' 26" E for a distance of 72.93 feet for a point of tangency hereof. THENCE in part with the south line of said 35.085 acre tract and through the interior of a Remnant Portion of said 1200.19 acre tract, N 79° 44' 09" E for a distance of 617.58 feet for a point of curvature hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south and east lines of said 35.085 acre tract, and in part with the east line of a called 15.00 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042140 of the Official Public Records of said County, the following five (5) courses and distances: 1) with the arc of a curve to the right, having a radius of 895.00 feet, an arc length of 373.90 feet, a central angle of 23° 56' 11", and a chord which bears S 88° 17' 46" E for a distance of 371.19 feet for a point of tangency hereof. 2) S 76° 19' 41" E for a distance of 415.29 feet for a point of curvature hereof, 3) with the arc of a curve to the left, having a radius of 30.00 feet, an arc Length of 47.12 feet, a central angle of 89° 59' 36", and a chord which hears N 58° 40' 31 E for a distance of 42.42 feet, for a point of tangency hereof, Annex -7 142.870 Acres Tract Page 4 of 4 4) N 13° 40' 43" E for a distance of 79.01 feet for a point of curvature hereof, 5) with the arc of a curve to the left, having a radius of 4950.00 feet, an arc length of 785.29 feet, a central angle of 09° 05' 23", and a chord which bears N 09° 07' 58" E for a distance of 784.46 feet for an angle point hereof, and 6) N 86° 49' 33" E for a distance of 63.66 feet to a point on the west right-of-way line of Farm to Market Road 1460 (80' right-of-way), for an angle point hereof: THENCE with the west right-of-way line of said F. M. 1460, same being the east line of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) S 12° 20' 39" W for a distance of 2174.60 feet for an angle point hereof; and 2) S 12° 15' 20" W for a distance of 54.01 feet to the POINT OF BEGINNING hereof and containing 142.870 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 Job No.: 1774-2-001-00 Filename: W:1PROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-7.DOC TO ACCOMPANY DESCRIPTION _ DELTA=90.00100' 'm ARC 5 w BRG.-S 50°53'1*53'1 7"E CH.-42.43' 61758' R=82'56 41 N 30'39'24" In m N 7y°44'09"E DELTA ARC=37390 1' S 78°9q9'E LL 152.16' of S 1.1)6'43"W 1596'75 BRG.=S 88°1746"E OR=955.00' CH.=371.19' .. N 84°06'43'E 1764.04' DELTA=04°22'34" 3 p ARC=72.94' o Z BRG.=N 81'55'26'E a 48.05' G CH.=72.93' N 30'39'24"W p L � LAKESIDE SUBDIVISION SECTION THREE CABINET V.SLIDES 22-24 tL REMNANT PORTION OF PLAT RECORDS,WILLIAMSON COUNTY, (PARCEL TWO) TEXAS �CALLED 1200.19v ACRES) Z AVERY BRANCH COMPANY,,LTD. ^ Y ;p N. DOC.#2002071336 � OFFICIAL PUBLIC RECORDS, ao WILLIAMSON COUNTY,TEXAS O 142.87 ACRES 4� BOUNDARY LINE AGREEMENT 3 PpPRQX1MP'( DOC.#2004000841 0 �5561� O.P.R.W.C.,TX H N69°5530 E y^ vY POB 7 �Sa /56`229 V4 Z /N p4..il W � 569°26'9,4, w N 78?6g1=W 4. 2 ,aDy0B a 2 ,7JbO p p3.16 0 200 400 (CALLED 43.524 ACRES) N ZNE CITYDOCUMENT#9 3090OF ROUND ROCK, 05 461. Z SURJ�y L (CALLED 1.30 JAMES FRAN ETES) O.P.R.W.C.,TX �z a� jtQN QF DOC.2000069853 > PSE VQCP O.P.R.W.C.,TX ACRES)(CALLED 2.05 TODD WAYNE FRANK PPPROX1M DOC.2000080601 O.P.R.W.C..TX —•� DATE:OCT.24,2008 JV � JOB NO. 1774-2-001-00 BAKER-AICKLEN 4058RL1.1 CREEK R0. BY:PJG & ASSOCIATES, INC. CEDAR PARK, 78513 Engineers • Surveyors • GIS - Planning Is 121260-3700 W:IPROJECTSIAVERY@CHANDLER RDIAVERY OVERALL ANNEXATIONVDWGIAVERY CENTRE ANNEXATION-OVERALL.dwg(ANNEX-7(October 27,2008-10:47am DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 11C9. Consider an ordinance annexing 142.870 acres of land north of CR112 and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 7. (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 11111111111111111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1111111111 1111111111 III ORD 19 PGS 2008088076 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 -08-11-13-11C9 which annexes 142.870 acres of land north of CR 112 and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 7. 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. av-u/L (4,C,Cacx SARA L. WHITE, City Secretary ORDINANCE NO. A -t--C (--t AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 142.870 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 142.870 acre tract of land out of the Thomas Toby Survey, Abstract No. 624, the Thomas Toby Survey, Abstract No. 625 and the Willis Donaho Survey, Abstract No. 173, 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 0:\WDOX\ORDINANC\081113C9.DOC/rmc WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the 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 2 by all acts, ordinances and all other legal action now in full force and effect and all those which V. That the official map and heretofore adopted and amended include the aforementioned Round Rock, Texas. may be hereafter adopted. boundaries of the City, be and is hereby amended so as to territory as part of the City of 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. That this Ordinance passage. VII. shall become effective after its That the City Secretary VIII. 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 unconstitutional or if any portion be illegal, of said property of being annexed by the City, for adjudication shall not affect any phrase, word, paragraph or provision application of any other section, invalid or is incapable any reason whatsoever, the other section, sentence, of this Ordinance or the sentence, phrase, word, 3 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. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this � day of -IVa , 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 ATTEST: , 2008. SARA L. WHITE, City Secretary 5 Annex -7 142.870 Acres Tract Page 1 of 4 I EXHIBIT «A„ DESCRIPTION FOR A 142.870 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THOMAS TOBY SURVEY. ABSTRACT NO. 625, AND THE WILLIS DONAHUE SURVEY. ABSTRACT NO. 173 IN WILLIAMSON COUNTY, "FEXAS, 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 142.870 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH. IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west right-of-way line of Farm to Market 1460 (80 foot right-of- way width), said point being the eastern terminus of the Boundary Line Agreement between Avery Ranch Company. Ltd. and Wallin Family Investments.. L.P. of record in Document No. 2004000841 of the Official Public Records of said County, for the southeast corner and POINT OF BEGINNING hereof; THENCE with said Avery / Wallin Boundary Line Agreement, S 68° 23' 29" W for a distance of 1387.54 feet to an angle point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of a remainder of a called 152.38 acre tract of land as described in that deed to Wallin Family Investments. L.P. of record in Document No. 2003057844 of the Official Public Records of said County, same being a point in the northeast line of a called 2.05 acre tract of land as described in that deed to Todd Wayne Frank and recorded in Document No. 2000080601 of the Official. Public Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northeast line of said 2.05 acre tract, N 23° 08' 00" W for a distance of 111.06 feet to an angle point for the northeast comer of said 2.05 acre tract for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 2.05 acre tract. S 69° 26' 04" W for a distance of 219.14 feet to an angle point for the northwest corner of said 2.05 acre tract, same being the northeast corner of a called 1.30 acre tract of land as described in that deed to James Franzetti and recorded in Document No. 2000069853 of the Official Public Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being in part the northwest line of said 1.30 acre tract, S 69° 19' 30" W for a distance of 213.10 feet to a an Annex -7 142.870 Acres Tract Page 2 of 4 angle point of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 1.30 acre tract, also being the northeast corner of a called 93.74 acre tract of land as described in that deed to Ardalia E. Martin and recorded in Volume 2571, Page 709 of the Official Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 93.74 acre tract, S 68° 43' 16" W for a distance of 1778.25 feet to an angle point for the southwest corner of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of a called 43.524 acre tract of land as described in that deed to the City of Round Rock and recorded in Document No. 9730900 of the Official Records of said County, for the southwest corner hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 43.524 acre tract, the following six (6) courses and distances: 1) N 10° 39' 34" W for a distance of 174.08 feet for an angle point hereof. 2) N 18° 26' 59" W for a distance of 108.08 feet for an angle point hereof. 3) N 30° 26' 56" W for a distance of 86.47 feet for an angle point hereof.. 4) N 36° 12' 01" W for a distance of 170.18 feet for an angle point hereof, 5) N 78° 26' 31" W for a distance of 340.75 feet for an angle point hereof, and 6) N 12° 44' 54" W for a distance of 423.52 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southwest corner of Lot 5, Lakeside Subdivision Section Three, a subdivision recorded in Cabinet V. Slides 22 — 24 of the Plat Records of said County, for an angle point hereof: THENCE with a north line of a Remnant Portion of said 1200.19 acre tract, same being in part with the south line of said Lakeside Subdivision Section Three, N 68° 55' 30" F for a distance of 1558.72 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of Lot 1 of said Lakeside Subdivision Section Three, for an angle point hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being in part with the east line of said Lot 1 and the east line of Lakeside Subdivision Section Four, a subdivision recorded in Cabinet. X, Slides 285 — 286 of the Plat Records of said county, also in part with a Boundary Line Agreement recorded in Document No. 2003042829 of the Official Public Records of said County, the following four (4) courses and distances: Annex -7 142.870 Acres Tract Page 3 of 4 1) N 22° 21' 13" W for a distance of 146.26 feet for an angle point hereof, 2) N 19° 58' 40" W for a distance of 274.69 feet for an angle point hereof_ 3) N 32° 19' 26" W for a distance of 417.14 feet for an angle point hereof. 4) N 30° 39' 24" W for a distance of 48.05 feet to an angle point for the northwest corner hereof. THENCE departing the east line of said Lot 1, same being the east line of said Lakeside Subdivision Section Four, through the interior of a Remnant Portion of said 1200.19 acre tract. N 84° 06' 43" E for a distance of 1764.04 feet to an angle point on the south line of a called 35.085 acre tract to ih.e Board of Regents of the Texas A&M University System of Record in Document No. 2008042141 of the Official Public Records of said County, for a point of curvature hereof: THENCE with the north line of a south line of said 35.085 acre tract, feet; an arc length of 72.94 feet. N 81°55' 26" E for a distance of 72 Remnant Portion of said 1200.19 acre tract, same being the with the arc of a curve to the left, having a radius of 955.00 a central angle of 04° 22' 34", and a chord which bears .93 feet for a point of tangency hereof, THENCE in part with the south line of said 35.085 acre tract and through the interior of a Remnant Portion of said I200.19 acre tract, N 79° 44' 09" E for a distance of 617.58 feet for a point of curvature hereof: THENCE with the north line of a Remnant Portion of said 1200.19 acre tract, same being the south and east lines of said 35.085 acre tract, and in part With the east line of a called 15.00 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042140 of the Official Public Records of said County, the following five (5) courses and distances: 1) with the arc of a curve to the right, having a radius of 895.00 feet, an arc length of 373.90 feet, a central angle of 23° 56' 11", and a chord which bears S 88° 17' 46" E for a distance of 371.19 feet for a point of tangency hereof, 2) S 76° 19' 41" E for a distance of 415.29 feet for a point of curvature hereof, 3) with the arc of a curve to the lett, having a radius of 30.00 feet, an arc length of 47.12 feet, a central angle of 89° 59' 36", and a chord which bears N 58° 40' 31 E for a distance of 42.42 feet, for a point of tangency hereof, Annex -7 142.870 Acres Tract Page 4 of 4 4) N 13° 40' 43" E for a distance of 79.01 feet for a point of curvature hereof, 5) with the arc of a curve to the left, having a radius of 4950.00 feet, an arc length of 785.29 feet, a central angle of 09° 05' 23", and a chord which bears N 09° 07' 58" E for a distance of 784.46 feet for an angle point hereof. and 6) N 86° 49' 33" .E for a distance of 63.66 :feet to a point on the west right-of-way line of Farm to Market Road 1460 (80' right-of-way), for an angle point hereof: THENCE with the west right-of-way line of said F. M.. 1460, same being the east line of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) S 12° 20' 39" W for a distance of 2174.60 feet for an angle point hereof, and 2) S 12° 15' 20" W for a distance of 54.01 feet to the POINT OF BEGINNING hereof and containing- 142.870 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 Job No.: 1774-2-001-00 Filename: W:\P.ROJECTS\AVERY CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-7.DOC .------------, SKETCH TO ACCOMPANY DESCRIPTION DELTA=90 00'00" y ARC-47.12' <n I BRG.-S 5053'17•E 'may ` ~ CH.=4243' E 617.58 R=895.00' 41 N 30'39'24' m N 79°4'109' DELTA=23.56'11' S>g 79g9,+E a� 152.16' 9r 06 84° 43' 'W 1596'75 ARC=373.90' $ BRG.=S 88'1T46'E O R=955.00' CH.=371.19' ^ N 84°06'43"E 1764.04' 3 DELTA=04°22'34' O ARC=72.94' v = BRG.=N 81°55'26"E N 48.06 V'G CH.=72.93' ry N 30.39'24"W pL XPi t^1 l � LAKESIDE SUBDIVISION SECTION THREE CABINET V,SLIDES 22-24 tL REMNANT PORTION OF PLAT RECORDS,WILLIAMSON COUNTY, (PARCEL TWO) TEXAS (CALLED 1200.19 ACRES) y AVERY RANCH COMPANY.LTD. io N, DOC.#2002071336 Y OFFICIAL PUBLIC RECORDS, g WILLIAMSON COUNTY,TEXAS O z a 7 142.87 ACRES ? N� BOUNDARY LINE AGREEMENT 3 PppROXlNP'( DOC.#2004000841 g 1659�T O.P.R.W.C.,TX 1.1 B8 5630E y'$ POB 7 �54• _ �6s 2329� Z / N w g 5692 9 4 cL S 6921310 000,. m 340.)5• N 7B•26,3j"w 2 X00 101 17 25 0 200 400 ACRES)(CALLED 43.524 CITY OF ROUND ROCK,TEXAS UR�(Ey LINE (CALLED 1.30 ACRES) a;•0 DOCUMENT#9730900 o F S JAMES FRANZETTI O.P.RW.C.,TX �z 'w >p VOGF'SlON DO P.R..C6 TX X3 (CALLED 2.05 ACRES) PppROxlMPtE TODD WAYNE DOC.200DO806601NK TF)l IM All or parts of the tel e t.., not DATE:OCT.24,Zoos BAKER-AICKLEN 4056RLJSFiY CREEK RR JOB NO. 1774-2-001-00 clearly legible for satisfactory ion. BY:PJG ASSOCIATES, INC. ceOax PaxKTx 7e613 7 Engineers • Surveyors • GIS • Planning is 12126U3900 1 WAPROJECTSVaVERY@CHANDLER RDIAVERY OVERALL ANNEXATIONIDWGIAVERY CENTRE ANNEXATION-OVERALL.dwg[ANNEX-7]October 27,2008-10:47am 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. 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. o3.4. Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: Jr S. Avery, Sr., Presic Owner(s) ent SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this'?» L day of October, 2008, A.D. REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 Notary Public, State of Texas Revised 5-17-05 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on theo rday of October, 2008, by John S. Avery, Sr., the President, of Avery Centre DevCo, Inc., a Texas business organization, on behalf of said business organization. i. REBECCA K. HEFNER ' ���"" ^t f �/U I�QL 'IA.( Notary Public, State of Texas 1 Notary Public, State of Texas My Commission Expires i _4`,„, July 30, 2010 i ) DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 EXHIBIT "A" _I Annex -7 142.870 Acres Tract Page 1 of 4 DESCRIPTION FOR A 142.870 ACRE TRACT OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THOMAS TOBY SURVEY, ABSTRACT NO. 625, AND THE WILLIS DONAHUE SURVEY. ABSTRACT NO. 173 IN 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 142.870 ACRE TRACT, AS SHOWN ON TIIE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west right-of-way line of Farm to Market 1460 (80 foot right-of- way width); said point being the eastern terminus of the Boundary Line Agreement between Avery Ranch Company. Ltd. and Wallin Family Investments. L.P. of record in Document No. 2004000841 of the Official Public Records of said County, for the southeast corner and POINT OF BEGINNING hereof; THENCE with said Avery / Wallin Boundary Line Agreement, S 68° 23' 29" W for a distance of 1387.54 feet to an angle point on the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of a remainder of a called 152.38 acre tract of land as described in that deed to Wallin Family Investments. L.P. of record in Document No. 200 3057844 of the Official Public Records of said County, same being a point in the northeast line of a called 2.05 acre tract of land. as described in that deed to Todd Wayne Frank and recorded in Document No. 2000080601 of the Official Public Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northeast line of said 2.05 acre tract, N 23° 08' 00" W for a distance of 111.06 feet to an angle point for the northeast comer of said 2.05 acre tract, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said. 2.05 acre tract, S 69° 26' 04" W for a distance of 219.14 feet to an angle point for the northwest corner of said 2.05 acre tract, same being the northeast corner of a called 1.30 acre tract of land as described in that deed to James Franzetti and recorded in Document No. 2000069853 of the Official Public Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being in part the northwest line of said 1.30 acre tract. S 69° 19' 30" W for a distance of 213.10 feet to a an 1 Annex -7 142.870 Acres Tract Page 2 of 4 angle point of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of said 1.30 acre tract; also being the northeast corner of a called 93.74 acre tract of land as described in that deed to Ardalia E. Martin and recorded in Volume 2571; Page 709 of the Official Records of said County, for an angle point hereof; THENCE with the south line of a Remnant Portion of said 1200.19 acre tract, same being the northwest line of said 93.74 acre tract, S 68° 43' 16" W for a distance of 1778.25 feet to an angle point for the southwest corner of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of a called 43.524 acre tract of land as described in that deed to the City of Round Rock and recorded in Document No. 9730900 of the Official Records of said County, for the southwest comer hereof; THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 43.524 acre tract, the following six (6) courses and distances: 1) N 10° 39' 34" W for a distance of 174.08 feet for an angle point hereof. 2) N 18° 26' 59" W for a distance of 108.08 feet for an angle point hereof, 3) N 30° 26' 56" W for a distance of 86.47 feet for an angle point hereof. 4) N 36° 12' 01" W for a distance of 170.18 feet for an angle point hereof, 5) N 78° 26' 31" W for a distance of 340.75 feet for an angle point hereof, and 6) N 12° 44' 54" W for a distance of 423.52 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southwest corner of Lot 5, Lakeside Subdivision Section Three, a subdivision recorded in Cabinet V. Slides 22 — 24 of the Plat Records of said County, for an angle point hereof; THENCE with a north line of a Remnant Portion of said 1200.19 acre tract, sane being in part with the south line of said Lakeside. Subdivision Section Three, N 68° 55' 30" E for a distance of 1558.72 feet to an angle point of a Remnant Portion of said 1200.19 acre tract, same being the southeast corner of Lot 1 of said Lakeside Subdivision Section Three, for an angle point hereof; THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being in part with the east line of said Lot 1 and the east line of Lakeside Subdivision Section Four, a subdivision recorded in Cabinet X, Slides 285 — 286 of the Plat Records of said county, also in part with a Boundary Line Agreement recorded in Document No. 2003042829 of the Official Public Records of said County, the following four (4) courses and distances: Annex -7 142.870 Acres Tract Page 3 of 4 1) N 22° 21' 13" W for a distance of 146.26 feet for an angle point hereof, 2) N 19° 58' 40" W for a distance of 274.69 feet for an angle point hereof. 3) N 32° 19' 26" W for a distance of 417.14 feet for an angle point hereof. 4) N 30° 39' 24" W for a distance of 48.05 feet to an angle point for the northwest corner hereof, THENCE departing the east line of said Lot 1, same being the east line of said Lakeside Subdivision Section Tour, through the interior of a Remnant Portion of said 1200.19 acre tract.. N 84° 06' 43" E for a distance of 1764.04 feet to an angle- point on the south line of a called 35.085 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042141 of the Official Public Records of said County, for a point of curvature hereof: THENCE with the north line of a south line of said 35.085 acre tract, feet; an arc length of 72.94 feet. N 81°55' 26" E for a distance of 72 Remnant Portion of said 1200.19 acre tract, same being the with the arc of a curve to the left, having a radius of 955.00 a central angle of 04° 22' 34", and a chord which bears .93 feet for a point of tangency hereof. THENCE in part with the south line of said 35.085 acre tract and through the interior of a Remnant Portion of said 1200.19 acre tract, N 79° 44' 09" E for a distance of 617.58 feet for a point of curvature hereof; THENCE with the north. line of a Remnant Portion of said 1200.19 acre tract, same being the south and east lines of said 35.085 acre tract, and in part with the east line of a called 15.00 acre tract to the Board of Regents of the Texas A&M University System of Record in Document No. 2008042140 of the Official Public Records of said County. the following five (5) courses and distances: 1) with the arc of a curve to the right; having a radius of 895.00 feet, an arc length 373.90 feet, a central angle of 23° 56' 11", and a chord which bears S 88° 17' 46" E for a distance of 371.19 feet for a point of tangency hereof, 2) S 76° 19' 41" E for a distance of 415.29 feet for a point of curvature hereof, 3) with the arc of a curve to the left; having a radius of 30.00 feet, an arc length of 47.12 feet, a central angle of 89° 59' 36", and a chord which bears N 58° 40' 31 E for a distance of 42.42 feet, for a point of tangency hereof. Annex -7 142.870 Acres Tract Pane 4 of 4 4) N 13° 40' 43" E for a distance of 79.01 feet for a point of curvature hereof, 5) with the arc of a curve to the left, having a radius of 4950.00 feet, an arc length of 785.29 feet, a central angle of 09° 05' 23", and a chord which bears N 09° 07' 58" E for a distance of 784.46 feet for an angle point hereof, and 6) N 86° 49' 33" E for a distance of 63.66 feet to a point on the west right-of-way line of Farm to Market Road 1460 (80' right-of-way), for an angle point hereof; THENCE with the west right-of-way line of said F. M. 1460; same being the east line of a Remnant Portion of said 1200.19 acre tract the following tIvo (2) courses and distances: 1) S 12° 20' 39" W for a distance of 2174.60 feet for an angle point hereof, and 2) S 12° 15' 20" W for a distance of 54.01 feet to the POINT OF BEGINNING hereof and containing 142.870 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: / Ar �� err Parker J. Graham t Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES. INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: W:\:PROJECTS\AVERYa CHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-7.DOC 06A83MIS1O3r023d z rrn- 111 z m z 0 0 m z cr 0 • - ✓ . 14, r. 1/1.1, • 14 mmm 20,9, r„ • c 05.mf7 c 5 0' CA CI z 2 I 'A gi 0, m 8 N `21 V'. z Z N. 1 t I - Z 1 3,--1 En 0 14, • 0' N , I Ci) -3N#111 I,f, '1:??; -T 14 r..., s.y.S.431 !I I I /-3141- \ 14, - - 0 1 —r- /-- ; --L- I / /I 9 A LP --I 0 u, . > 0 m Din 05.P In u. _. iv rn > bo I -,I > -'1 I Z m To. 0 tl. ra; M I •(,) . 05't.ac9. :''''''' 22.4.(%?,1g :;; : ,go =710cf.)mi j 20' 1,81. 1 ,....• 0 5,,E8,7,=a5 ,z,, !:c).1 , 0 F,0 - p • A.-. - m r m z -I 8 Auser---Z--'1"--- c, S15'15•20- -u 54• w 0 co to' 9 -0 9 FARM MARtt. S 12'20.39, w 217460 PAR TO i Ordinance No. A -08-11-13-11C9 Annexing 142.870 acres (Avery Centre West Tract 7) 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 2008088076 11/26/2008 04:28 PM CMCNEELY $88.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS