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A-08-11-13-11C12 - 11/13/2008ORDINANCE NO. A - 00 - It- G 2 - AN AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.270 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 21.270 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\81113C12.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 day J of IV(Ve,C/i,— , 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: u�� ALAN MCGRAW, Mayor SARA L. WHITE, City Secretary City of Round Rock, Texas 5 Annex -10 21.270 Acres Tract Page 1 of 2 EXHIBIT "A" DESCRIPTION FOR A 21.270 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 21.270 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARIICUI,ARLY 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 northwest corner of a Remnant Portion of said 1200.19 acre tract, same being the northeast corner of a 98.20 acre tract of land as described in that deed to The State of Texas and recorded in Document No. 2005098710 of the Deed Records of said County, for the northwest corner and POINT OF BEGINNING hereof: THENCE with the south right-of-way line of said University Boulevard_ same being the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 69° 37' 13" E for a distance of 174.61 feet for an angle point hereof. 2) N 73° 54' 45" E for a distance of 160.34 feet for an angle point hereof. and 3) N 69° 37' 13" E for a distance of 336.06 feet for a point of intersection of the south right-of-way line of said University Boulevard and the west right-of-way line of County Road 112. (120' right-of-way width), for an angle point hereof; THENCE departing the south right-of-way line of said University Boulevard, with the west right-of-way line of said County Road 112, the following three (3) courses and distances: 1. S 66° 50' 55" E for a distance of 55.17 feet for an angle point hereof,. 2. S 20° 22' 47" E for a distance of 950.00 feet for a point of curvature hereof, and 3. with the arc of a curve to the left, having a radius of 2164.86 feet, an arc length of 272.63 feet, a central angle of 07° 12' 56", and a chord which bears S 23° 36' 24" E for a distance of 272.45 feet for a point of cusp hereof; Annex -10 21.270 Acres Tract Page 2 of 2 THENCE departing the west right-of-way line of said County Road 112, through the interior of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 25.00 feet, an arc length of 36.28 feet, a central angle of 83° 09' 08", and a chord which bears N 68° 48' 13" W for a distance of 33.18 feet for a point of tangency hereof, and 2) S 69° 37' 13" W for a distance of 770.73 feet for a point on the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being a point on the Boundary Line Agreement between Charles Needham Avery, Jr. etal and John H. May and Grace Josephine May of record in Volume 958, Page 772 of the Deed Records of said County, for an angle point hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being the line of said Boundary Line Agreement, N 17° 11' 24" W for a distance of 1251.94 feet to the POINT OF BEGINNING and containing 21.270 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 .1. Graham Registered Professional Land Surveyor No. 5556 BAK.I R-AICKI FN & ASSOCIATES. INC:. 405 Brushy Creek Road Cedar Park, Texas 78613 (512)-260-3700 Job No.: 1774-2-001-00 Filename: W:\PROJECTS\AVERYACHANDLER ER RI)\.AVERY OVERALL ANNEXAIION\METES & BOUNDS\AVERY ANNEX-10.DOC SKETCH TO ACCOMPANY DESCRIPTION BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX 1! 500VJ P1t0 u.114\ 5`T� 6'608' c1 ,13 ♦.S"F SS 12 N6g^3°346 � 160.345" E / SBB HOLDING, LP (98.20 ACRES) DOC. 112008021486 DEED RECORDS // WILLIAMSON COUNTY, TEXAS 4 POB 10 N69°31 336p6 10 21.27 Acres '. R=2164.86' NDELTA = 07°12'56" o, ARC = 272.63' BRG. = 5 23°36'24" E e CH. = 272.45' N 0 \ 5g9 zo o. R = 25.00' DELTA = 83°09'08" ARC = 36.28' BRG. = N 68°48'13" W CH. = 33.18' 0. N1 \ DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 200 400 R=2500^ paiik BAKER-AICKLEN & ASSOCIATES, INC, Engineers • Surveyors • EIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK,TX 7E1513 (51 2) 250-37D0 W:IPROJECTSIAVERY@CHANDLER RD\AVERY OVERALL ANNEXATION IDWG \AVERY CENTRE ANNEXATION -OVERALL. dwg [ANNEX -10] October 27, 2008 - 10:43am 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. 'rr3S9¢ Official Public Records of Williamson County. Avery Centre DevCo, Inc. By: Z-- ` . Joh S Avery, Sr., Presid Owner(s) SUBSCRIBED AND SWORN TO BEFORE M, a notary public, by John S. Avery, Sr., President of Avery Centre DevCo, Inc., this, `' J day of October, 2008, A.D. •"V! P4B�� REBECCA K. HEFNER 4_ Notary "= Notary Public, State of Texas My Commission Expires '-%,;;pJuly 30, 2010 Notary Public, State of Texas • _ • Revised 5-17-05 of -Texas 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. 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 -10 21.270 Acres Tract Page 1 of 2 1 EXHIBIT "A" 4 DESCRIPTION FOR A 21.270 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 21.270 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 northwest corner of a Remnant Portion of said 1.200.19 acre tract, same being the northeast corner of a 98.20 acre tract of land as described in that deed to The State of Texas and recorded in Document No. 2005098710 of the Deed Records of said County, for the northwest corner and POINT OF BEGINNING hereof: THENCE with the south right-of-way line of said University Boulevard, same being the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 69° 37' 13" E for a distance of 174.61 feet for an angle point hereof. 2) N 73° 54' 45" E for a distance of 160.34 feet for an angle point hereof. and 3) N 69° 37' 13" E for a distance of 336.06 feet for a point of intersection of the south right-of-way line of said University Boulevard and the west right-of-way line of County Road 112, (120' right-of-way width), for an angle point hereof; THENCE departing the south right-of-way line of said University Boulevard, with the west right-of-way line of said County Road 112, the following three (3) courses and distances: 1. S 66° 50' 55" E for a distance of 55.17 feet for an angle point hereof, 2. S 20° 22' 47" E for a distance of 950.00 feet for a point of curvature hereof. and 3. with the arc of a curve to the left, having a radius of 2164.86 feet, an arc length of 272.63 feet, a central angle of 07° 12' 56", and a chord which bears S 23° 36' 24" E for a distance of 272.45 feet for a point of cusp hereof; Annex -10 21.270 Acres Tract Page 2 of 2 THENCE departing the west right-of-way line of said County Road 112, through the interior of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 25.00 feet, an arc length of 36.28 feet, a central angle of 83° 09' 08", and a chord which bears N 68° 48' 13" W for a distance of 33.18 feet for a point of tangency hereof. and 2) S 69° 37' 13" W for a distance of 770.73 feet fora point on the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being a point on the Boundary Line Agreement between Charles Needham Avery, Jr. etal and John H. May and Grace Josephine May of record in Volume 958, Page 772 of the Deed Records of said County, for an angle point hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being the line of said Boundary Line Agreement, N 17° 11' 24" W for a distance of 1251.94 feet to the POINT OF BEGINNING and containing 21.270 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: icy.. 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: \\:APROJECTS\AVERY C11 NDLER RD\AVERY OVERALL ANNLXATION\METES & BOUNDS\AVERY ANNEX-10.DOC SKETCH TO ACCOMPANY DESCRIPTION INNERS` ssp, , 69"3Ss.7T55°F 3386.00 N69°3s6��/ BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX SBB HOLDING, LP (9820 ACRES) DOC. # 2008021486 DEED RECORDS WILLIAMSON COUNTY, TEXAS 16034 E 1,115°6°' POB 10 N 0 NN ON - 10 10 21.27 Acres R = 2164.86' DELTA = 07112'561 ARC = 272.63' BRG. = S 23°36'241 E CH. = 272.45' \ \ S \ 9 R = 25.00' DELTA = 83109'08" ARC = 36.28' BRG. = N 68°48'13" W CH. = 33.18' X07 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 200 400 R = 25.00' I��BAKER-AICKLEN & ASSOCIATES, INC, Engineers • Surveyors • GIS • Planning 405 BRUSHY CREEK RD. CEDAR PARK, TX 78613 151 2) 26133700 W )PROJECTSIAVERY@CHANDLER RDIAVERY OVERALL ANNEXATIONVDWG1AVERY CENTRE ANNEXATION -OVERALL. dwg (ANNEX -10] October 27, 2008 - 10:43am DATE: November 6, 2008 SUBJECT: City Council Meeting — November 13, 2008 ITEM: 11C12. Consider an ordinance annexing 21.270 acres south of University Boulevard and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 10. (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 111111 1111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK IIII ORD 15 PGS 2008090685 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 -08-11-13-11C12 which annexes 21.270 acres of land south of University Boulevard and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 10. 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. A - D$ - 1 (- C-4 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.270 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 21.270 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\81113C12. DOC/rmc WHEREAS, the City Council has determined that all requirements of Section 43.028, Local complied with and hereby consider it petition for annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Government Code have been appropriate to grant the I. That all of the above premises are found to correct and are incorporated into the body of this if copied in their entirety. II. That the City Council has heard the against the annexation and has determined to for annexation. III. That the property described in Exhibit and incorporated herein for all purposes, annexed and brought within the corporate Round Rock, Williamson County, Texas, and integral part hereof. be true and Ordinance as arguments for and grant the petition "A" attached hereto be and is hereby of the City of limits same is hereby made an Iv. That the owners and future inhabitants annexed be entitled to all of the rights and of the area herein 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. 411 READ, PASSED, and ADOPTED on first reading this 13 day of I V i e,AAA ' _- 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: At SARA L. WHITE, City Secretary , 2008. A MCGRAW, Mayor City of Round Rock, Texas 5 Annex -10 2/.270 Acres Tract Page 1 of 2 EXHIBIT DESCRIPTION FOR A 21.270 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 21.270 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 northwest comer of a Remnant Portion of said 1200.19 acre tract, same being the northeast corner of a 98.20 acre tract of land as described in that deed to The State of Texas and recorded in Document No. 2005098710 of the Deed Records of said County, for the northwest corner and POINT OF BEGINNING hereof: THENCE with the south right-of-way line of said University Boulevard, same being the north line of a Remnant Portion of said 1200.19 acre tract the following three (3) courses and distances: 1) N 69° 37' 13" E for a distance of 174.61 feet for an angle point hereof, 2) N 73° 54' 45" E for a distance of 160.34 feet for an angle point hereof. and 3) N 69° 37' 13" E for a distance of 336.06 feet for a point of intersection of the south right-of-way line of said University Boulevard and the west right-of-way line of County Road 112. (120' right-of-way width), for an angle point hereof; THENCE departing the south right-of-way line of said University Boulevard, with the west right-of-way line of said County Road 112, the following three (3) courses and distances: 1. S 66° 50' 55" E for a distance of 55.17 feet for an angle point hereof, 2. S 20° 22' 47" E for a distance of 950.00 feet for a point of curvature hereof. and. 3. with the arc of a curve to the left, having a radius of 2164.86 feet, an arc length of 272.63 feet, a central angle of 07° 12' 56", and a chord which bears S 23° 36' 24" E for a distance of 272.45 feet for a point of cusp hereof; Annex -10 21.270 Acres Tract Page 2 of 2 THENCE departing the west right-of-way line of said County Road 112, through the interior of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 25.00 feet, an arc Iength of 36.28 feet, a central angle of 83° 09' 08", and a chord which bears N 68° 48' 13" W for a distance of 33.18 feet for a point of tangency hereof, and 2) S 69° 37' 13" W for a distance of 770.73 feet for a point on the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being a point on the Boundary Line Agreement between Charles Needham Avery, Jr. etal and John H. May and Grace Josephine May of record in Volume 958, Page 772 of the Deed Records of said County, for an angle point hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being the line of said Boundary Line Agreement, N 17° 11' 24" W for a distance of 1251.94 feet to the POINT OF BEGINNING and containing 21.270 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: f ` 2-r t -2q 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\AVEI Y(C11ANDLER RD\AVERY OVERALL ANNEXATION\METES & BOUNDS\AVERY ANNEX-10.DOC SKETCH TO ACCOMPANY DESCRIPTION BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX SBB HOLDING, LP (98.20 ACRES) DOC. 8 2008021486 DEED RECORDS WILLIAMSON COUNTY, TEXAS OO\.EN PRO Ato �ESVr 9 UNt� 69.37"+3 X50, E $g F 336 06 •1• 160.34. E ' N T3.5q45 POB 10 n CH. = 272.45' 1) 10 21.27 Acres R=2164.86' DELTA = 07°12'56" ARC = 272.63' BRG. = S 23°36'24" E Z �e. R = 25.00' DELTA = 83°09'08" ARC = 36.28' BRG. = N 68°48'13" W CH. = 33.18' 0 5 9 DATE: OCT. 24, 2008 JOB NO. 1774-2-001-00 BY: PJG 0 �i BAKER-AICKLEN & ASSOCIATES, INC. Engineers • Surveyors • GIS • Planning WARR OJECTSIAVERY@CHANDLER RDIAVERY OVERALL ANNEXATION\DWGAVERY CENTRE ANNEXATION-OVERALL.dwg IANNEX-10) October 27, 2008 - 10:43em 200 400 Nr R = 25.00' 4735 BRUSHY CREEK RD. CEDAR PARK TX 7E157 3 151 2) 26O3700 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. yt Official Public Records of Williamson County. Avery Centre DevCo, Inc. B Joh 'Avery, Sr., Presid Owner(s) SUBSCRIBED AND SWORN TO BEFORE M , a nota President of Avery Centre DevCo, Inc., this �? 6 /'` rY public,by JohnS. Avery, Sr., day of October, 2008, A.D. I ``o`pRr •REBECCA K. HEFNER • Notary Public, State of Texas ' My Commission Expires *i.,•••:Fp July 30, 2010 otary Public, State of Texas Revised 5-17-05 ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on th 2008, by John S. Avery, Sr., the President, of Avery Centre DevCo, Inc.,OtoberacTexas business organization, on behalf of said business organization. REBECCA IC, HEFNER Notary Public, State of Texas My Commission Expires July 30, 2010 Notary Public, State of Texas Revised 5-17-05 Annex -10 21.270 Acres Tract Page 1 of 2 DESCRIPTION FOR A 21.270 ACRE TRACT OF LAND SITUATED IN THE SURVEY, ABSTRACT NO. 215 IN �� IL IAM ON COUNTBELTEXAS, 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 TEXAS, SAID 21.270 ACRE TRACT, AS 2002071336, O.P.R. THE 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 Portion. of said 1200.19 acre tract, same being the northwest conger of a Remnant described in that deed to The State of Texas and northeast Documerner of ant 98.20N2acre 509871Eland ase Deed Records of said Count-, for the northwest corner and POINT OF BEGINNING hereof of THENCE THENCE with the south right-of-way line of said University Boulevard, same being the rth line of a Remnant Portion of said 1200.19 acre tract the following threecourses (3)and distances: 1) N 69° 37' 13" E for a distance of 174.61 feet for an angle point hereof 2) N 73° 54' 45" E for a distance of 160.34 feet for an angle point hereof and 3) N 69° 37' 13" E for a distance of 336.06 feet for a point of intersection of the south right-of-way line of said University Boulevard and the west right-of-way line of County Road 112. (120' right-of-way width); for an angle point hereof; THENCE departing the south right-of-way line of said University Boulevard, with the right-of-way line of said County Road 112, the following west three (3) courses and distances: 1. S 66° 50' 55" E for a distance of 55.17 feet for an angle point hereof 2. S 20° 22' 47" E for a distance of 950.00 feet for a point of curvature hereof. and 3. with the arc of a curve to the left, having a radius of 2164.86 feet, an arc length of 272.63 feet, a central angle of 07° 12' 56", and a chord which bears S 23° 36' 24" E for a distance of 272.45 feet for a point of cusp hereof; Annex -I 0 21.270 Acres Tract Page 2 of2 THENCE departing the west right-of-way line of said County Road 112, through the interior of a Remnant Portion of said 1200.19 acre tract the following two (2) courses and distances: 1) with the arc of a curve to the left, having a radius of 25.00 feet; an arc length of 36.28 feet, a central angle of 83° 09' 08", and a chord which bears N 68° 48' 13" W for a distance of 33.18 feet for a point of tangency hereof. and 2) S 69° 37' 13" W for a distance of 770.73 feet for a point on the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being a point on the Boundary Line Agreement between Charles Needham Avery, Jr. etal and John H. May and Grace Josephine May of record in Volume 958, Page 772 of the Deed Records of said County, for an angle point hereof: THENCE with the west line of a Remnant Portion of said 1200.19 acre tract, same being the east line of said 98.20 acre tract, same being the line of said Boundary Line Agreement, N 17° 11' 24" W for a distance of 1251.94 feet to the POINT OF BEGINNING and containing 21.270 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: 7 Parker J. Graham 6/ Registered Professional Land Surveyor No. 5556 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512)-260-3700 == to- 2q 8 Job No.: 1774-2-001-00 Filename: W:\PROJECTS\AVERY'rzCI4ANDLER RD\AVERY OVERALL ANNEX.ATIONIMETES & BOUNDS\AVERY ANNEX-10.DOC SKETCH TO ACCOMPANY DESCRIPTION 19034 " E N 54 73°.45 POB 10 BOUNDARY LINE AGREEMENT VOLUME 958, PAGE 772 O.R.W.C., TX 8 PRD � O 40 IVERs(t`tUVEJ '01'3" SS �SSF 336 06' 7T N 10 21.27 Acres DELTA =0217°12 '56" 63' BRG. SAR23°3624"5 CH. = 272.45' SBB HOLDING, LP (98.20 ACRES) DOC. 82008021486 DEED RECORDS WILLIAMSON COUNTY, TEXAS 0 DELTA = "' 25.00' ARC =°3628'' BRG. = N 68°48'13" W CH. = 33.18' i DATE: OCT. 24, 2008 JOB NO. 1774.2-001-00 BY: PJG BAKER-AICKLEN ASSOCIATES, INC. _ - Engineers • Surveyors • GIS • Planning W:\ PROJECTSIAVERY@CHANDLER RD\AVERY OVERALL ANNEX ATIONIDWGIAVERY CENTRE ANNEXATION- OVERALLdwg )ANNEX -10] October 27, 2008. 10:43am R=25.00' 405 BRUSHY CREEK RD. CEDAR PARK, TX 788)3 '5) 2) 25D-3700 Ordinance No. A -08-11-13-11C12 Annexing 21.270 acres (Avery Centre West Tract 10) 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 2008090685 12/15/2008 08:14 AM CMCNEELY $72.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS