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A-08-11-13-11C11 - 11/13/2008ORDINANCE NO. Iq - 00 - I k (3 _ c,11 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 19.130 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, 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 19.130 acre tract of land out of the Abel Eaves Survey, Abstract No. 215, 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\81113C11.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. lk READ, PASSED, and ADOPTED on first reading this (3 day of 11tV`e-iw ,L .2A/-- 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 ALAN MCGRAW, Mayor City of Round Rock, Texas 5 Annex -9 19.130 Acres Tract Page 1 of 2 EXHIBIT "A" DESCRIPTION FOR A 19.130 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES SURVEY, ABSTRACT NO. 215 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, 0.P.R.W.C.. TEXAS, SAID 19.130 ACRE 'TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the south right-of-way line of University Boulevard_ also known as County Road 114; (90' right-of-way width), same being the northeast corner of a Remnant Portion of said 1200.19 acre tract. same being the northwest corner of a 101.376 acre tract of land as described in that deed to Texas State University System and recorded in Document No. 2004014440 of the Official Public Records of said County for the northeast corner and POINT OF BEGINNING hereof: THENCE with the west boundary Line of said 101.376 acre tract, same being the east boundary Line of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 20° 22' 47" E for a distance of 564.54 feet for an angle point hereof, 2) S 17° 38' 39" W for a distance of 89.29 feet for an angle point hereof, 3) S 20° 22' 47" E for a distance of 70.25 feet for an angle point hereof. 4) S 58° 24' 13" E for a distance of 89.29 feet for an angle point hereof. 5) S 20° 22' 47" E for a distance of 444.54 feet for an angle point hereof, 6) S 30° 01' 22" E for a distance of 888.97 feet for an angle point hereof. 7) S 07° 12' 33" W for a distance of 131.28 feet for an angle point hereof, and 8) S 44° 26' 28" W for a distance of 132.56 feet for a point on the east right-of-way line of County Road 112 (120' right-of-way width) for the most southerly corner hereof: THENCE with the east right-of-way line of said County Road 112, same being the west line of a Remnant Portion of said. 1200.19 acre tract, the following four (4) courses and distances: Annex -9 1 9. 130 Acres Tract Pa(le 2 of 1) N 45° 33' 32" W for a distance of 430.75 feet for a point of curvature hereof. 2) with the arc of a curve to the right, having a radius of 2030.00 feet, an arc length of 892.10 feet, a central angle of 25° 10' 45", and a chord which bears N 32° 58' 09" W for a distance of 884.94 feet for a point of tangency hereof, 3) N 20° 22' 47" W for a distance of 990.67 feet for an angle point hereof. 4) N 24° 37' 13" E for a distance of 35.36 feet for a point of intersection of the south right-of-way line of said University Boulevard and the east right-of-way line of said County Road 112 for an angle point hereof: THENCE with the south right-of-way line of said University Boulevard, N 69° 37' 13" E for a distance of 383.00 feet to the POINT OF BEGINNING hereof and containing 19.130 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'aClIANDLER RD\AVERY OVERALL. ANNEXATION\METES & BOUNDS\AVERY ANNEX-9.DOC SKETCH TO ACCOMPANY DESCRIPTION O0\5>j PRO 13 \JARS\9r jy1 BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX SBB HOLDING, LP (98.20 ACRES) DOC. # 2008021486 DEED RECORDS WILLIAMSON COUNTY, TEXAS 363 ��3 E 1469 h°31 POB 9 O DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 N No N .0 N.N m 9 19.13 A 200 N� a� co W � 9582 ?. 4.73„ 0 F cr,r W N NO v' a, 7 r Cres N gram m mo4'-', aH no�NY 0 • x ��m 4(4 14114 R = 2030.00' N( DELTA = 25°10'45" ARC = 892.10' BRG. = N 32°58'09" W CH. = 884.94' 400 N `o aa m N(.mj e�' 5 R.= 25,00' I; BAKER-AICKLEN &. ASSOCIATES, INC, Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 7B613 (512) 260-3700 W:IPROJECTS\AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWGIAVERY CENTRE ANNEXATION-OVERALL.dwg [ANNEX -9] October 27, 2008 - 10.42am ANNEXATION OR CITY LIMITS EXTENSION EXHIBIT "B" 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. -2605- Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: JohnAvery, Sr., President Owner(s) SUBSCRIBED AND SWORN TO BEFORE MEQ a notary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this "' day of October, 2008, A.D. pF oe,rr(O ;, REBECCA K. HEFNER ` ` Notary Public, State of Texas My Commission Expires July 30, 2010 Notary Public, State of Texas 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. r�'�., ,e,,,, REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -9 19.1 30 Acres Tract Page 1 of 2 EXHIBIT «A„ • DESCRIPTION FOR A 19.130 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES SURVEY, ABSTRACT NO. 215 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 19.130 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the south right-of-way line of University Boulevard, also known as County Road 114, (90' right-of-way width), same being the northeast corner of a Remnant Portion of said 1200.19 acre tract, same being the northwest comer of a 101.376 acre tract of land as described in that deed to Texas State University System and recorded in Document No. 2004014440 of the Official Public Records of said County for the northeast corner and POINT OF BEGINNING hereof: THENCE with the west boundary line of said 101.376 acre tract, same being the east boundary line of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 20° 22' 47" E for a distance of 564.54 feet for an angle point hereof. 2) S 17° 38' 39" W for a distance of 89.29 feet for an angle point hereof 3) S 20° 22' 47" E for a distance of 70.25 feet for an angle point hereof. 4) S 58° 24' 13" E for a distance of 89.29 feet for an angle point hereof, 5) S 20° 22' 47" E for a distance of 444.54 feet for an angle point hereof.. 6) S 30° 01' 22" E for a distance of 888.97 feet for an angle point hereof. 7) S 07° 12' 33" W for a distance of 131.28 feet for an angle point hereof and 8) S 44° 26' 28" W for a distance of 132.56 feet for a point on the east right-of-way line of County Road 112 (120' right-of-way width) for the most southerly corner hereof: THENCE with the east right-of-way line of said County Road 112, same being the west line of a Remnant Portion of said 1200.19 acre tract, the following four (4) courses and distances: Annex -9 19.130 Acres Tract Page 2 of"' 1) N 45° 33' 32" W for a distance of 430.75 feet for a point of curvature hereof. 2) with the arc of a curve to the right, having a radius of 2030.00 feet, an arc length of 892.10 feet, a central angle of 25° 10' 45", and a chord which bears N 32° 58' 09" W for a distance of 884.94 feet for a point of tangency hereof. 3) N 20° 22' 47" W for a distance of 990.67 feet for an angle point hereof. 4) N 24° 37' 13" E for a distance of 35.36 feet for a point of intersection of the south right-of-way line of said University Boulevard and the east right-of-way line of said County Road 112 for an angle point hereof: THENCE with the south right-of-way line of said University Boulevard, N 69° 37' 13" E for a distance of 383.00 feet to the POINT OF BEGINNING hereof and containing 19.130 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: 2y 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.: l 774-2-001-00 Filename: W:APROJECFS\AVERYC�I HANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-9.DOC 4 SKETCH TO ACCOMPANY DESCRIPTION OU`ENPRO U4 \\°5\'C'1 N69°31,13 E/ BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX SBB HOLDING, LP (98.20 ACRES) DOC. # 2008021486 DEED RECORDS WILLIAMSON COUNTY, TEXAS ro 0 3a3ncs3 E POB 9 N N o m 9 19.13 A \ DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 7 W• 0 Nw Vaa t gco W (\1SS 898. 2 2473„ U`0 W N N C ?' U o° TAT-. ;res r ° -7 m p o° m° W -o G'oVA R` ? o Lw H --A- 113 �d rrs R = 2030.00' N�N DELTA = 25°10'45" ARC = 892.10' BRG. = N 32°58'09" W CH. = 884.94' 0 200 400 N as 0 R=25.00' `��BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD, CEDAR PARK TK 78613 (512) 260.3700 W: IPROJECTS \AVERY@CHANDLER RDIAVERY OVERALL ANNEXATION\DWGIAVERY CENTRE ANNEXATION-OVERALL.dwg [ANNEX -91 October 27, 2008 - 10:42am DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 11C11. Consider an ordinance annexing 19.130 acres south of University Boulevard and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 9. (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 111111111111111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK ORD 15 PGS 2008090684 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 -08-11-13-11C11 which annexes 19.130 acres of land south of University Boulevard and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 9. 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. 4.<31tytt . tkCtift/1 SARA L. WHITE, City Secretary ORDINANCE NO. M-US-ii-(3-IlGAl AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 19.130 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, 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 19.130 acre tract of land out of the Abel Eaves Survey, Abstract No. 215, 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 O:\WDOX\ORDINANC\81113C11.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 13 day of ���, 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. ALAI MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 5 Annex -9 19.1 30 Acres Tract Page 1 of 2 DESCRIPTION FOR A 19.130 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES SURVEY, ABSTRACT NO. 215 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 19.130 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the south right-of-way line of University Boulevard, also known as County Road 114.. (90' right-of-way width), same being the northeast corner of a Remnant Portion of said 1200.19 acre tract, same being the northwest corner of a 101.376 acre tract of land as described in that deed to Texas State University System and recorded in Document No. 2004014440 of the Official Public Records of said County for the northeast corner and POINT OF BEGINNING hereof; THENCE with the west boundary line of said 101.376 acre tract, same being the east boundary line of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 20° 22' 47" E for a distance of 564.54 feet for an angle point hereof, 2) S 17° 38' 39" W for a distance of 89.29 feet for an angle point hereof. 3) S 20° 22' 47" E for a distance of 70.25 feet for an angle point hereof, 4) S 58° 24' 1.3" E for a distance of 89.29 feet for an angle point hereof. 5) S 20° 22' 47" E for a distance of 444.54 feet for an angle point hereof. 6) S 30° 01' 22" E for a distance of 888.97 feet for an angle point hereof, 7) S 07° 12' 33" W for a distance of 131.28 feet for an angle point hereof, and 8) S 44° 26' 28" W for a distance of 132.56 feet for a point on the east right-of-way line of County Road 112 (120' right-of-way width) for the most southerly corner hereof; THENCE with the east. right-of-way line of said County Road 112, same being the west line of a Remnant Portion of said 1200.19 acre tract, the following four (4) courses and distances: Annex -9 19.1 3 0 Acres Tract Page 2 of 1) N 45° 33' 32" W for a distance of 430.75 feet for a point of curvature hereof. 2) with the arc of a curve to the right, having a radius of 2030.00 feet, an arc length of 892.10 feet, a central angle of 25° 10' 45", and a chord which bears N 32° 58' 09" W for a distance of 884.94 feet for a point of tangency hereof, 3) N 20° 22' 47" W for a distance of 990.67 feet for an angle point hereof.. 4) N 24° 37' 13" E for a distance of 35.36 feet for a point of intersection of the south right-of-way line of said University Boulevard and the east right-of-way line of said County Road 112 for an angle point hereof; THENCE with the south right-of-way line of said University Boulevard, N 69° 37' 13" E for a distance of 383.00 feet to the POINT OF BEGINNING hereof and containing 19.130 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:\PROJECTS\AVERY@CIIANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AV.ERY ANNEX-9.DOC SKETCH TO ACCOMPANY DESCRIPTION OUVEN PRD UN\JARS\�1 B � 3g30�3 C 69.31 h• 0 BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX SBB HOLDING, LP (98.20 ACRES) DOC. # 2008021486 DEED RECORDS WILLIAMSON COUNTY, TEXAS POB 9 O, as a0° ,900 N,a rn DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 9 19.13 A R = 2030.00' DELTA = 25°10'45" ARC = 892.10' BRG. = N 32°58'09" W CH. = 884.94' \ 0 0 200 400 c9 NnMj • M N ^dry. o co R.= 25.00' BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 4D0 BRUSHY CREEK RD. CEDAR PARK, TX 79613 (51 Zl 260-3700 W:\PROJECTSVIVERY@CHANDLER RD\AVERY OVERALL ANNEXATION \DWG\AV ERY CENTRE ANNEXATION-OVERALL.dwg ANNEX -9) October 27, 2008 - 10R2am EXHIBIT Il�tl 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. -�&'4 Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: JohnAvery, Sr., President Owner(s) SUBSCRIBED AND SWORN TO BEFORE ME a notary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this -4'6 day of October, 2008, A.D. .`P'r'r:' REBECCA K. HEFNER '•` Notary Pubic, State of Texas My Commission Expires July 30, 2010 Notary Public, State of Texas N-Itrb ' , e of- eT` xa— Revised 5-17-05 ACKNOWLEDGMENT (CORPORATE) Iti 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. keiJe/e/C4 REBECCA K. HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING: Revised 5-17-05 Annex -9 19.1 30 Acres 'Tract Page 1 of 2 EXHIBIT "A" DESCRIPTION FOR A 19.130 ACRE TRACT OF LAND SITUATED IN THE ABEL EAVES SURVEY, ABSTRACT NO. 215 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 19.130 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the south right-of-way line of University Boulevard, also known as County Road 114. (90' right-of-way width), same being the northeast corner of a Remnant Portion of said 1200.19 acre tract, same being the northwest comer of a 101.376 acre tract of land as described in that deed to Texas State University System and recorded in Document No. 2004014440 of the Official Public Records of said County for the northeast comer and POINT OF BEGINNING hereof; THENCE with the west boundary line of said 101.376 acre tract, same being the east boundary line of a Remnant Portion of said 1200.19 acre tract the following eight (8) courses and distances: 1) S 20° 22' 47" E for a distance of 564.54 feet for an angle point hereof, 2) S 17° 38' 39" W for a distance of 89.29 feet for an angle point hereof, 3) S 20° 22' 47" E for a distance of 70.25 feet for an angle point hereof, 4) S 58° 24' 13" E for a distance of 89.29 feet for an angle point hereof, 5) S 20° 22' 47" E for a distance of 444.54 feet for an angle point hereof, 6) S 30° 01' 22" E for a distance of 888.97 feet for an angle point hereof, 7) S 07° 12' 33" W for a distance of 131.28 feet for an angle point hereof, and 8) S 44° 26' 28" W for a distance of 132.56 feet for a point on the east right-of-way line of County Road 112 (120' right-of-way width) for the most southerly corner hereof; THENCE with the east right-of-way line of said County Road 112, same being the west line of a Remnant Portion of said. 1200.19 acre tract, the following four (4) courses and distances: Annex -9 19.1 30 Acres Tract Page 2 of 2 1) N 45° 33' 32" W for a distance of 430.75 feet for a point of curvature hereof, 2) with the arc of a curve to the right, having a radius of 2030.00 feet, an arc length of 892.10 feet, a central angle of 25° 10' 45", and a chord which bears N 32° 58' 09" W for a distance of 884.94 feet for a point of tangency hereof. 3) N 20° 22' 47" W for a distance of 990.67 feet for an angle point hereof 4) N 24° 37' 13" E for a distance of 35.36 feet for a point of intersection of the south right-of-way line of said University Boulevard and the east right-of-way line of said County Road 112 for an angle point hereof; THENCE with the south right-of-way line of said University Boulevard, N 69° 37' 13" E for a distance of 383.00 feet to the POINT OF BEGINNING hereof and containing 19.130 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 A9-24/- Zoog Job No.: 1774-2-001-00 Filename: W:\PROJECTS\AVERY(WHANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-9.DOC SKETCH TO ACCOMPANY DESCRIPTION �a\ PRO JARS\I-4 60VVE� 2 BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C.,TX /SBB HOLDING, LP r (98.20 ACRES) / DOC. # 2008021486 DEED RECORDS // WILLIAMSON COUNTY, TEXAS 363 '3 0 N69°3, 0 POB 9 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG N ND 1' N O. 0 'ra 9 19.13 A ,r n W N ti '?V of `0 mss '3 •B9zs?'y3, N 0 • 6' N Uf�0 W H Acres oo -37 mo \1 � -o ' G o + • NP N R = 2030.00' NA DELTA = 25°10'45" R' ARC = 892.10 BRG. = N 32°58'09" W CH. = 884.94' d 0 200 400 R = 25.00' v) BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RQ CEDAR PARK. TX 713613 151 2) 250.37012 W:\PROJECTS \AVERY@CHANDLER RD\AVERY OVERALL ANNEXATION\DWG/AVERY CENTRE ANNEXATION-OVERALL.dwg ANNEX -9) October 27, 2008 - 10:42am Ordinance No. A -08-11-13-11C11 Annexing 19.130 acres (Avery Centre West Tract 9) 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 2008090684 E .-RQ,` 12/15/2008 08:14 AM CMCNEELY $72.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS