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A-09-05-14-8G2 - 5/14/2009ORDINANCE NO. Pr -4-'61 Z_ AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 9.36 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE 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 of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 9.36 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a 0:\waox\SCC1nca\oiiz\osos\[aoxxcxaxw\o9o514G2.Doc/rmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock 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. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 5 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 thereof 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 14 day of ,A.6,y , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City Secre'tary MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT EXHIBIT "A" RM620 AT WYOMING SPRINGS RIGHT-OF-WAY TRACT DESCRIPTION BEING ENTIRELY PUBLIC RIGHT-OF-WAY extending from a point approximately 935 feet east of the middle of the Wyoming Springs/RM620 intersection, said point being the boundary of RM620 right-of-way annexed by the City of Round Rock in Ordinance Number 3005, to a point approximately 2570 feet west of the middle of said intersection, said point being the western edge of the intersection of RM620 and Smyers Lane, for a total length of approximately 3505, and for a width of approximately 100 feet, said tract further described as follows: BEING an 9.36 -acre tract of land, more or less, being out of and a portion of the Jacob Harrell Survey, Abstract No. 184, in Williamson County, Texas, consisting of a 1.92 -acre tract described in Deeds recorded in Volume 717 Page 530 and Volume 717 Page 534, Deed Records of Williamson County (DRWC), a 11.00 -acre described in said Volume 717 Page 534, and an 7.327 -acre tract described in Deeds recorded in Volume 717 Page 538 and Volume 717 Page 542, (DRWC), said Deeds being attached hereto as Exhibits B, C, D, and E, respectively; SAVE AND EXCEPT approximately 0.067 acres previously annexed by the City of Round Rock in Ordinance Number 808 and approximately 8.61 acres previously annexed by the City of Round Rock in aforementioned Ordinance Number 3005, for a total of approximately 9.36 acres, more or Tess. SAID 9.36 -acre tract also being identified on the accompanying sketch as, attached hereto and made a part hereof. -vol 717 ma530 THE STATE OF TEXAS • COUNTY OF WILLIAMSON DEED 1995 KNOW ALL MEN BY THESE PRESENTS: That Austin White Lime Company, a Texas limited partnership. acting by and through its duly general partners hereinafter referred to as Grantora, whether one or more, for and in consideration of the execution and delivery of that exchange•egreement between Grantors and the State of Texas, acting by and through the State Bighway and Public Transportation Commission of even date herewith, have this day sold, and by these presents do GRANT, BARGAIN, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in Williamson County, Texas, and being more particularly described as follows,, to wit: An undivided ninety percent -interest ins. 1.912 acres of land, more or lesa, out of a portion of the Jacob H. Barrell Survey, •• Abstract No. 284 in Williamson County, Texas, and being a part of a tract of land conveyed to A. H. Robinson, Jr. et al by V. C.-Dedear and wife, Lola Mae Dedear, by deed recorded in Volume 413, Page 626,. Deed Records of Williamson County, Texas; . said 1.912 acre tract of land, more or leas, being more particularly described by metes and -bounds as follows: • Beginning at a point for the most westerly northwest corner of the tract of land , herein described, said point being the intersection of the existing north right of way line of R. M. Highway 620 and the proposed northweat right of way. line of R; M. Highway .620, said point being South 73.55'02" East, 245.7 feet from a point o£ tangency in the existing north right of way line of R. M. Highway 620; said point also being 60.00 feet left of and at sight angles to Engineer's Centerline Station 418+55.46 of relocated R. H. Highway 620; • 1 EXHIBIT "B„ • 1' ( go= D -I5 -I4 Pa4e 3 of 10 Rev. 4-75 C • .VOL 717 eni531 THENCE along said proposed northwest right of way line, along a curve to*the.right; the radius of which ls; 2351.,83,feet, et; trc alistante of 182.42 feat, thekehotd;of- which bears North 66.13'40" East 182.38 feet to a point of tangency; - THENCE along said proposed northwest right of way line North 68'27'00" East, 587.85 feet to a point in the grantors east property line, same being the west property lin. of a tract of land conveyed to Austin White Line Company, a general partnership of A. H. Robinson, et al by deed recorded in Volume 428, Page 516 of the Deed Reco=ds of Williamson County, Texas; ' THENCE along said east property line South 18.08'00" East, 120.21 feet to a point iw the proposed southeast right of way line of R. H. Highway 620; THENCE along said proposed southeast right of way line. South 68'27'00" West, 580.69 feet to a point of curvature; THENCE with said proposed 'right of way line along a curve to the left, the radius of • which is 2231.83 feet, an are distance of 35.41 feet, the chord 'of which bears South 67'59.144.'-UJest,..35.41 feet to a point in the said existing north right of say line of R. H. Highway 620; THENCE along said existing north right of way line north 73'55'02" West, 185.41.feet to the place.of beginning. • • I.'.. v17.7.N.VOIZaweu,A►ria l7IRl.tr .Y'orm D -1S -?'4. • 4 .'a .., _.--1 _, . 1 4 ''Yage 4 o£ 10 1 Rev. 4-75 'WI 7Iq aGf 532.. C .?' Subject,. however, to all easements OE•record or visible and apparent .,,,op the. ground. .. , . • .- ; .. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed.but waive all rights of ingress and egress to .the surface thereof for the purpose of exploring, developing, raining or drilling for same; however,nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO FOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and itsassigns forever; and. Grantors-' do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 16th day of March, 1978. •1• AUSTIN WHITE LIME COMPANY A Texas Limited partnership GEORGE E. ROBINSON • f. / .1 tge 6 of�10 Rev. 4-75 • THE STATE OP TEXAS S COUNTY OF Travis S Before me, Dorothy Warren for said County and State, on this dayo, a notary public in and ROBINSON, JR., known to me (ox provedto meonlltheaatr• oathofa credible witness) to be the person whose name is subscribed• to..e foregoing instrument and acknowledged to ma that he executed the saes♦:,`: for the purposes and consideration therein expressed. Given under 19y(hand and seal of office this the 15th day of 1rr1s Id 'Et 717 M E533 June t''V Pi • n • • Tiff.`' 9'1►ATE OF TEXAS S COUNTY OF 'Travis :S Notary Publ'c n an for:. . Travis County, Texas Dorothy Warren • Before me, Dorothy Warren .. for said County and State, on this da , a notary public in and ROBINSON. known to me a personally appeared GEORGE E. (or proved to me -on the oath of a.credible witness) to be the person whose name is subscr bed tp the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. June Given under my hand and seal of office this the ••15th day of , I9 78. • e in and for 'h'ravtn County, Texas Dorothy Warren • THE STATE OF TEXAS Causer d Malmo`�;A', ,Gr • elk.. Clerk at W. County Court at said County. do hereby ant* • that the ler.so01g instrument in vont*" with 11a'i.rt5Au.t• et authen icaW., v.. AIN for mord a sty 015.. 7Ch... day ores_,„,!r�.iA�! ,,t,..A D. u.��, at_.9.I25__..,Waloek...A..11. and duly recorded thl. the _.....V.tehdarot._. ........... ....,.;..A. a. Reed._ _ J na.ao.a. eI .:td County. to vw ..i 1.Z....., maims MY NAND and fiat W 'th"..:.aatr Court et mud County, at tun.s in t3sorrNawn. Tessa the dee last above written DICK CLRVaNKA, CLIME. County Court, WIUAaastoa County. ?w. va 717 PAGE 534 DEED THE STATE OF' TEXAS 1996 COUNTY OP WILLIAMSON KNOW ALL MEN BY THESE PRESENTS:. That Austin White Lime Company, a Texas limited partnership, acting by and through its duly general partners hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLARS ($1.00} and other good and val- uable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is.retained, either expressed or. implied, have this day sold, and by these presents do GRANT, BARGAIN, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in William- son County, Texas, and being more particularly described as follows, to wit - PART ,1 11:000 acres of land, more or Less, out of a portion of the Jacob 1H. Harrell Survey, Abstract No. 284, and the John McQueen Survey, Abstract No. 425, in Williamson County, Texas, and being part of a tract conveyed to A. H. Robinson, Jr., et al by V. C. Dedear and wife, Lola Mae Dedear, by deed recorded in Volume 413, Page 626, Deed Records of Williamson County, Texas; said 11.000 acres of /and, more or less, being more particularly described by metes and bounds as follows: ; , • BEGINNING at a point for the most southwest point for the.herein described tract of . land, said point being in the existing south right of way line of R. N. Highway 620; naid'point also being 50 feet right of end normal to centerline atation 374+11.80 of said existing R. H. Highway 620; THENCE along the southwest right of way. line of said existing R. H. Highway 620, North 31451' East, 321.21 feet to a point of curve; • Page -7 -0E -1v Rev. 4-75 • VOL -THENCE continuing 'long said right of vay line along a 1 radius of.whicb-isr1004493 feet, -an pre distance of 485 which bears Horth 18'00' East, 481.12 feet to a point; orm Page 2 of 7 PACF 535. Rev. 4-75 curve to the left, the .84 feet. the ciord'of V.:6.41.0 THENCE continuing along said right of way line, North 04.09' East, 323.29 feet to a point; ' THENCE South 58'09' East. 155.43 feet to a point in the proposed northwept right of way liee,of R. M. Highway 620; • THENCE along said Proposed northwest right of way lin..North 31'51' Nast, 3082.88 feet to a point of curve; THENCE along a curve to the right with a radius of 2351.83 feet, an•arc distence•of 1057.76 feet, the chord bears North 44'44'05" E, 1048.87 feet.to a point; THENCE North 16'04'58" East, 86.13 feet to a point in the existing south right of way line of R. M. Highway 620 from said point, a point of tangency in the said existing right of way Line bears North 73 55 02 Weat, a distance of 61.3 feet, said point also being 117.98 feet left of and normal to relocated R. M. Highway 620 centerline ' station 416+61.33; _ THENCE along said existing right of way line South 73'55'02" East. 252.79 feet to a • point in the proposed southeast right of way line of R. M. Highway 620;• said point being 60.00 feet right of and normal to relocated R. Hi Highway 620 centerline atation • 415+38.79; r.. THENCE .loeg,aald_ proposed southeast right of way line along a curve to the left, the • radius of which is 2231.83..feet, an arc distance of 1216.33 feet, the chord'of which bears South 47%43'06" West, 1220.58 feet to a point of. tangency; • THENCE eantinuing.along ae14.oXopoaed soRthgaat,right,of way line South 31'51' West, 2836.22 fret to. R,pgint;, „ . , THENCE along said proposed southeast right of way feet to S.he place of beginning. PART2 • An undivided .ten percent intereat in: 1.912 acres of land, more or less. out of a portion of the Jacob H. Harrell Survey, Abstract No. 284 in Williamson County, Texas, and being a part of• a tract of land conveyed to A. H. Robinson, Jr. et al by V. C. Dedesr and wife, Lola Mae Dadear, by deed recorded in Volume 413, Page 626, Deed Records of Williamson County, Texas; said 1.912 acre tract of land, more or less, being more particularly described by. metes and bounds as follows: .r • Beginning at a g g point for the most westerly northwest corner of the tract of land herein described, said point being the intersection of the existing north right, of way line of R. M. Highway 620 and the proposed northwest right of way line of R. N. Highway 620, said point being South 73'55'02" East, 245.7 feet from a point of tangency in the existing north right of way line of R. ti. Highway 620; said point also being 60.00 feet left of and at right angles to Engineer's Centerline Station 418+55.46 of relocated R. M. Highway 620; Line South 33'37'59" West,"321.37 -• • 1 Page 3 of 10 C } . Rev. 4-75 'VOL 71� PAGES U !. THENCE along said proposed northwest right of way line, along a curve to the right, '[j.. .r.the_radius of which is 2351.83 feet, an are distance of 182.42%feet,..the;chord•of. which bears Borth 66.13'40" East 182.38 feet to a point of tangency; THENCE along said proposed northwest right of way line North 68'27'00" East, 587.85 feet to a point in the grantors east property line, same being the west property line of a tract of land conveyed to Austin White Lime Company, a general partnership -of A. H. Robinson, et Al -by deed recorded in Volume 428, Page 516 of the Deed Records of Williamson County, Texas; ' , • :! THENCE along aaid east property line South 18.08'00" East, 120.21 fret to a point is the proposed aoutheast right of way line of R. tf. Highway 620; . THENCE along said proposed southeast right away lint, South 68627'00" West, 580.69 ' feet to a point of curvature; • THENCE with said proposed 'right of way line along a curve to the left, the radius of which is 2231.83 feet, an arc distance of 35.41 feet, the chord'of which bears South 67'59'44_':Weet,.35.41 feet to a point in the said existing north right of va'y line of R. M. Highway 620; THENCE along said existing north right away line North 73'55'02" Neat, 185.41 feet to the plact.of beginning. . LL • o. s• •• . _�5i•• I• • • • • 141.1l1 - ' Page 4 of 10 Rev. 4-75 l.. /•. • w., • 1,1••••• • • Subject, however, .to all easements of record or visible and apparent on .the ground. .. - . Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights ofingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title l and rights of the State to take and use all other minerals and materials .- thereon, therein and thereunder. TO HAVE AND TO BOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise - belonging, unto the State of Texas and its assigns forever; and Grantors , do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular.the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any. part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 16th day of March, 1978. '. AZISTIN WHITE LIME COMPANY A 'texas Limited Partnership r . H. ROBINSON, R. B • ByGEORGE E.. ROBINSON u. THE STATE OF TEXAS COUNTY OF Tiavii vol. 717 mcr537 Before me, .pr,r.m-Vy,n.,•„ , a Notary Public in and for said County and State, on this day personally appeared A. M. Robin. - son, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 15th day of June, 1978. ,,Y ••t•1,! .l) ' a . Notary Pubffc, iii and for Travis County, ti MY COMMISSION EXPIRES* Dorothy Warren 'Texas 10-12-78 •.0;. .;: � •. THE STATE OF TEXAS • COUNTY OF Travis Before me, Dorothy Warren , a Notary Public in and for said County and State, on this day personally appeared George E. Robinson, known to Ine to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. • Given under my hand and seal of office this the 15th day of ..; t),7unt00, .1,978. • MY COWL/SAXON EXPIRES* l0-jZ�B NotaryPublc, and for TraviCounty, Texas Dorothy Warren THE STATE OF TEXAS• . Cotmty et wa hunnan ��`:i'� Cervenka, Clark of the County court at .4I Cunt", do hereby rainy . that the forming LKlrumeat le Waiting. with i4aart{gtgte of authentication. was bled got roeaed ha ay altao on the 27thdry a<. June 1 n m 7 8 aa._ ,9825 aatae� A that 27th --tom sed rewarded thia day .t. _ June- ....A. Do....78 '.t.::._4t20._ .o�eloek p Deed b[, m the__ .„ W _ ....,,,....:..a awards st ism Cotmty, In voti.._ 719 - 534._...... WITNT88 MY RAND end not of 'Ib. County Court of laid County. at *ghee is Wargttewn. Tam. the date lout above written • By • DICK cznVSNEA. CLERK. Court County 9nWamaoa County. 1tiaaa 1 • p 1State Department of Highways and Public Transportation Fomr D-15-14 4 Page 1 of 4 Rev. 7-75 THE STATE OF TEXAS S DEE D 199 COUNTY OF WILLIAMSON 5 KNOW ALL MEN BY THESE PRESENTS: That Austin White Lime Company, a limited partnership acting by and through a duly authorized general partner, successor in title to Austin White Lime Company, a general partnership, of the County of Williamson, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the execution and delivery of that exchange agreement between Grantors and the State of Texas, acting by and through the State Highway and Public Transportation Commission of even date herewith, have this day sold, and by these presents do GRANT, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in Williamson County, Texas, and being more particu- larly described as follows, to witt An undivided 23.5 percent interest in 7.327 acres of land, more or less, out of a portion of the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas and being part of .a tract of land con- veyed to Austin White Lime Company, a general partnership composed of A. H. Robinson, Jr., et al by Janie Ferrell, joined by her husband F. M. Ferrell, by deed recorded in Volume 428, Page 516 Deed Records of Williamson County, Texas: Said 7.327 acre tract of land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at a point for the most easterly corner of the herein described tract; said beginning point being in the existing north right of way line of R. N. Highway 620, said point also being North 89'03'04" Hest, a distance of 213.0'feet from an existing right of way line point of curve; said point of beginning also being 60.00 feet left of and at right angles to Engineer Centerline Station 464+35.19; THENCE along said existing north right of way line North 88°52'30" West, 221.26 feet to an angle point;' THENCE North 87'42'04"•West, 560.44 feet along said existing right of way line to the point of a' curve; THENCE with said'existing right of way line along a curve to the left, the radius of. which is 1005.37 feet, an are distance of 615.60 feet, the chord of which bears. South 74'45'26" Hest, 606.03 feet toa-paint; THENCE continuing along said existing right of way line South 57'12'56" West, 181.53 feet to a point; EXHIBIT Vt D // r" - }age 2 of 4 Rev. 4-75 'Pot. 717 rAcE'539 THENCE with acid existing right of way line along a curve to the left, the radius of which is 1959.86 feet, an arc distance of 165.99 feet, the chord of which bears South 54.47'21" West, 165.94 feet to a point of intersection with the proposed south_ right of way line of R. H. Highway 620; THENCE with said proposed south right of way line South 68.27'00" West, 2112.20 feet to a point in the grantors west property line; THENCE along the grantors west property lice North 18'08'00" West, 120.21 feat to a • point for the northwest corner of the tract herein described, said point being in the proposed north right of way line of R. M. Highway 620; THENCE along said proposed north right of way line North 68'27'00" East; 2416.50 feet to the point of a curve; THENCE along a curve to the right, the radius of which is 2351.83 feet, an arc distance of 1434.20 feet, the chord of which bears North 85'55'12" East 1412.08 feet to the point of beginning. Yorm page t Rev. • D-15-14' 3 of 4 4-75 'VOL 717 MEMO Subject, however, to all easements of record or visible and apparent on the ground. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other. minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed togther with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the of X40444/94, •.• AUSTIN WHITE LIME -COMPANY /Gm oay General Partners THE STATE OF TEXAS S COUNTY OF TRAVIS 5 Before me, a notary public in and for said County and State, On this day personally appeared A. H. ROBINSON, JR. and GEORGE E. ROHINSON, known to me to be the person whose names are Subscribed to the foregoing instrument'and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. hand and seal of office, this theop.day of. kt4A4edi, ary P.ublic in and for Rilvis County, Texas under my • Ny (t: bpiOtfssion<Zipires: "",,„ P , -Tri '''' 141 6 • • M " ,FQtza D-15-14 ,.• rage 4of4 Rev. 10-61 CORPORATION ACKNOWLEDGMENT 'VOL 717 mcr541 STATE OF TEXAS County of ._;.M.•� } BEFORE ME, the undersigned authority, a notary public in and for County. Texas, on thb day personally appeared e and officer whose name is subscribed to the foregoing instrument and acknowledgeod toe me that thto be the e same was the act of the easy. a corporation and that he executed the name as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under lay hand and seal of office, this the _ day of , 19- •_ . Notary Public in and for a 0 ..a M ti .c o zZv 0 a u a+ G u° yj x 6. a SI nl u AlU3 ei 0 j '0 • uE L.• .a o µ' o O, ei tox .. j 0 la 0. .4 THE STATE OF TEXAS, County of fa F ENDORSEMENTS Filed for Record County, Texas. I cri A County Clerk A 1, ., Clerk of the County Court of said County. do hereby certify that the foregoing. instrument of writing, dated the _____ day of ....A. D.19,.._, with its authentication. was filed for record hi my office on the .. day of , A it 19_.. • at.—.. -,...o'clock .._...M., and duly recorded this the_ day of , A. D 19 at..._...,.._...eclock ..._.M., in the Deed Records of said County. in Volume __ on Page. �_, Witness my hand and the seal of the County Court of said County. at office In Texas, the day and year last above written. Clerk of Court, .County, Texas. By Deputy. THE STATE OF TEXAS t' County of Willfanuoe J s‘,.,gtgtt Cervenka, Curti et the Count, Court .1 ,.a Cat% do hereby miler that the tempi= lastram.at Ia w�ey, with lfi implicate of authentleaUon, was met Lor ' tvaord L syr *toes op ut.. 27th day at yT1} e .. � A a ...... p�took A1L and diar mewled this the........_,_,277thdar .t t7t123n. sem' A. D. to_782! at..,1i21.____o sace...P...M, u ttwM_. Deed._.. _ ._....:�''• _.. 'Neer= ed maid Counter is WITNESS �tImst above D lei toe vAatr Court of 1114 Count,. at Dino. In oeorae1w., Tess; H, ,1,...,., DICK CENVENNA. CLtRX. Count" Coat William a County. Tom •s State "Department of Highways {'' 'and Public Transportation CQ Form D-15-14 k 1_ Page 1 of 4 ,,, Rev. 7-75 �.j DEED THE STATE OF TEXAS 5 1998 COUNTY OP WILLIAMSON 5 KNOW ALL MEN BY THESE PRESENTS: That Austin White Lime Company, a limited partnership acting by and through a duly authorized general partner, successor in title to Austin White Lime Company, a general partnership, of the County of Williamson, State of Texas, hereinafter referred to as Grantors, whether one or more, for an in consideration of .the sum of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Publio Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day sold, and by these presents to GRANT, BAR- GAIN, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in Williamson County, Texas, and being more particu- larly described as follows, to wit: An undivided .76.5 percent interest in 7.327 acres of land, more or less, out of a portion of the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas and being part of a tract of land conveyed to Austin White Lime Company, a general partnership composed of A. H. Robinsoh, Jr., et al by Janie Ferrell, joined by her husband F. M. Ferrell, by deed recorded in Volume 428, Page 516 Deed Records of Williamson County, Texas: Said 7.327 acre tract of.land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at a point for the most easterly corner of the herein described tract; said beginning point being in the existing north right of way line of R. M. Highway 620, said point alco being North 89'03'04" West, a distance of 213.0 feet fromen existing right of way line point of curve; said point of beginning also being 60.00 • feet left of and at right angles to Engineer Centerline Station 464+35.19; • THENCE along said existing north right of way line North 88°.52'30" West, 221.26 feet to an angle point; . THENCE North 87°42'04" Nest, 560.44_feet.elong said existing right of way line to the point of a curve; THENCE with said'exiating right of way line along a curve to the left, the radius of which is 1005.37 feet, an are distance of 615.60 feet, the chord of which bears South 74°45'26" West, 606.03 feet to a point; •. THENCE continuing along said existing right of way line South 57'12'56" Weat, 181.53 feet to a point; EXHIBIT AA E Dago 2 of 4 Rc'v 4-75 rot_ 717 ma 543 THENCE with slid existing right of way line along • curve to the left, the radius of which is 1959.86 feet, an arc distance Of 165.99 feet, the chord of which bears South 54'47'21" West, 165.94 feet to a point of intersection with the proposed south right of way line of R. M. Highway 620; THENCE with said proposed south right of way line South 68.27'00" West, 2112.20 feet to a point in the grantors west property line; THENCE along the grantors vest property line North 18.08'00" Nest, 120.21 feet'to a point for the northwest corner of the tract herein described, said point being in the proposed north right of way line of R. N. Highway 620; THENCE along said proposed north right of way line North 68'27'00" East; 2416.50 feet to the point of a curve; • THENCE along a curve Eo the right, the radius of which is 2351.$3 feet, an are distance of 1434.20 feet, the chord of which bears North 85'55'12" East 1412.08 feet to the point of begfnning. • rage D -of -14 717 PAGE 544 Rei. 4-75 SuSubject, however, to all easements of record or visible and apparent , Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface . thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other.minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together .� with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our hairs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against ,every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument•is executed on this the /'day of` 4/A14)4/4 4161 AUSTIN WHITE LIME COMPANY GEORGE B. ROBINSON General Partners THE STATE OF TEXAS $ COUNTY OF TRAVIS $ Before me, a notary public in and for said County and State, On this day personally appeared A. H. ROEINSON, JR. and GEORGE E. ROBINSON,. known to me to be the person whose names are Subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. • .( vert;ohder my hand and seal of office, this the day of My commasibn exp reg: otarY in and Public for fiPll ViA County, Texas form D-15-14 Yaffe 4 of 4 Rev. 10-61 CORPORATION. ACKNOWLEDGMENTYtt STATE OF TEXAS County of BEFORE ME, the undersigned authority, a notary public in and for • County. Texas. on this day personally appeared and officer whose mute is sub cribed to the foregoing instrument and acknowledged to me that the same was the act of the said .i a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under may hand and seal of office, this the day of -19 .71'7 PACE 545 Notary Public is and for County. Texas. A THE STATE OF TEXAS, County of 1, .., Clerk of the County Court of said County, do hereby • certify that the foregoing instrument of writing, dated the day of __..__..A.'D. 19___ with its authentication. was filed for record In my office on the ..-day of A. D 19....._. • at ___..o clock DL, and duly recorded this the day of ___ .A D 19 __M.. in the Deed Records of said County, in Volume on Page.____,,. Witness my hand and the seal of the County Court of said County, at office in _ Tacos, the day and year last above written. ENDORSEMENTS } J Clerk of Court. County, Texas. By Deputy. TBE STATE OF TEXAS County et WfliiaMaon . ' 4 DIA Cervenka. Clerk at the Ceunty Court et said count, do hereby rerluy that the tenpins ienruarent.'le Meige& whip lte eerttneate at oelbeeticsuee, yea lie ler record in az Mhz oa rhs.._.27tic�d ot_._.?YWt ter -..._..A. A•1e.78_. et..._9.'2&..._..s'elack..1►„hL, and *dr naorted thbe a tl=_7.$ ar.._4z3 eixt so ..: ,' a Bawds of saw county. tit wrrttrss MY 71AND aeapeat the date above ,fisc County Coast ee caw coupes, at attire !e 6110000011/0. Texas, .#14.4"- . Dim CiaVCouat Cru,t WV County Cant, wtnlezeos County. Tame ExhibitA Sketch EXHIBIT SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 10.00 ACRES, MORE OR LESS, OUT OF THE JACOB HARRELL SURVEY, ABSTRACT NUMBER 184, ALSO KNOWN AS RM 620 RIGHT-OF-WAY AT WYOMING SPRINGS TRACT, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Government Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is entirely public right-of-way. The Property is generally surrounded by undeveloped tracts, with the exception of a pharmacy and the Saint David's Hospital at the northeast intersection of Wyoming Springs Drive. Recent annexation and zoning will allow commercial uses along the northern portion of the Property that lies to the west of Wyoming Springs. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily - mandated 2 1/2 year period The City's program is for provision of such services immediately upon annexation. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) 1 operation and maintenance of parks, playgrounds, and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Emergency Service District No. 9. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services — Currently provided by Emergency Service District No. 9; (4) Solid waste collection - As no residential properties or commercial ventures exist within the Property, service of same is not at issue; (5) Operation and maintenance of water and wastewater facilities - As no residential properties or commercial ventures exist within the Property, and no such properties or ventures will be established, operation and maintenance of same is not at issue;; (6) Operation and maintenance of public roads and streets, including road and street lighting — Immediately upon annexation, those portions of RM 620 incorporated into the City will be maintained; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service - As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c) requires the City to define "full municipal services" as services provided by the City of Round Rock within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines `full municipal services " C. Section 43.056(d) does not apply to the City. D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of 2 capital improvements necessary for providing municipal services adequate to serve the area. The City has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 3 The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. G. Section 43.056(h) does not apply to the City. H. Section 43.056(i) does not apply to the City. Section 43.056(j) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on April 9, 2009 and April 23, 2009. At such public hearing, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City would not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges. that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(2). L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different 4 characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of topography, land use, and population density, provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 Exhibit 4 DATE: May 7, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: 8G2. Consider an ordinance authorizing unilateral annexation of 9.36 acres of RM 620 right-of-way from the existing city limits near the intersection of Wyoming Springs Drive and RM 620, west to its intersection with Smyers Lane. (First Reading) Department: Staff Person: Planning and Community Development Jim Stendebach, Planning and Community Development Director Justification: This Tract is entirely public right-of-way, extending northwest from Wyoming Springs Drive to the southern edge of Fern Bluff. The Tract was dedicated to the public as right-of-way in 1985, at the same time the nearby right-of-way for Wyoming Springs Drive was dedicated. Although that portion of Wyoming Springs and the eastern portion of Park Valley Drive were annexed in 1999 as part of a larger 60 -acre Robinson Ranch annexation, this portion of Park Valley Drive was inadvertently left out. The Tract is surrounded by City limits on three sides and is essentially a "donut hole" because of the boundaries of the MUD to the north. Annexing the Tract ensures consistent police and fire protection and allows for City maintenance of this portion of the roadway. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: As the Tract is entirely public right-of-way, consideration of the availability of municipal utility service is not necessary. All services, including road maintenance, required by the Texas Local Government Code will be provided upon annexation. Public Comment: Per the statutory requirements of the Texas Local Government Code, the following has been completed: On February 11, 2009, written notices were sent by certified mail to the property owners of the proposed annexed lands and to all public and private utility providers that could be affected. Written notices were also sent by certified mail to area public school districts that could be affected by the annexation on March 25, 2009. Published notice of the April 9, 2009, public hearing was posted on the City's Website on Wednesday, March 25, 2009 and was published in the Round Rock Leader on Saturday, March 28, 2009. Published notice of the April 23, 2009, public hearing was posted on the City's Website on Wednesday, April 8, 2009 and was published in the Round Rock Leader on Saturday, April 11, 2009. The two public hearings were conducted by the Council as posted. RECORDED DOCUMENT FOLLOWS 11111 11111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK III ORD 32 PGS 2009035275 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 -09-05- 14-8G2 which annexes 9.36 acres of RM 620 right-of-way from the existing city limits near the intersection of Wyoming Springs Drive and RM 620, west to its intersection with Smyers Lane. This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the 14th day of May 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 May 2009. &NIA, L RC2a7tsc SARA L. WHITE, City Secretary ORDINANCE NO. I- 4ft'( r(4 j 2 - AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 9.36 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE 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 of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 9.36 acres of land, (the "Property"), said Property being situated in Williamson County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference for all purposes; and WHEREAS, the procedures prescribed by the Charter of the City of Round Rock and the applicable laws of the State of Texas have been duly followed with respect to the Property; and WHEREAS, the City Council of the City of Round Rock by resolution directed the City's Planning Director to prepare a O:\wdox\SCC1nts\0117\0905\MONICIPAL\090514G2. DOC/rmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III . That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock 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. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 5 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 thereof 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 1411')' day of kAa[ , 2009. Alternative2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City Secretary MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT „A„ 4 EXHIBIT "A" RM620 AT WYOMING SPRINGS RIGHT-OF-WAY TRACT DESCRIPTION BEING ENTIRELY PUBLIC RIGHT-OF-WAY extending from a point approximately 935 feet east of the middle of the Wyoming Springs/RM620 intersection, said point being the boundary of RM620 right-of-way annexed by the City of Round Rock in Ordinance Number 3005, to a point approximately 2570 feet west of the middle of said intersection, said point being the western edge of the intersection of RM620 and Smyers Lane, for a total length of approximately 3505, and for a width of approximately 100 feet, said tract further described as follows: BEING an 9.36 -acre tract of land, more or less, being out of and a portion of the Jacob Harrell Survey, Abstract No. 184, in Williamson County, Texas, consisting of a 1.92 -acre tract described in Deeds recorded in Volume 717 Page 530 and Volume 717 Page 534, Deed Records of Williamson County (DRWC), a 11.00 -acre described in said Volume 717 Page 534, and an 7.327 -acre tract described in Deeds recorded in Volume 717 Page 538 and Volume 717 Page 542, (DRWC), said Deeds being attached hereto as Exhibits B, C, D, and E, respectively; SAVE AND EXCEPT approximately 0.067 acres previously annexed by the City of Round Rock in Ordinance Number 808 and approximately 8.61 acres previously annexed by the City of Round Rock in aforementioned Ordinance Number 3005, for a total of approximately 9.36 acres, more or Tess. SAID 9.36 -acre tract also being identified on the accompanying sketch as, attached hereto and made a part hereof. VOL 7175:3j DEED THE STATE OF TEXAS - 1995 COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Austin White Lime Company, a Texas limited partnership; acting by and through its duly general partners hereinafter referred to as Grantors, whether one or more, for and in consideration of the execution and delivery of that exchange agreement between Grantors and the State of Texas, acting by and through the State Highway and Public Transportation Commission of even date herewith, have this day sold, and by these presents do GRANT, BARGAIN, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in Williamson County, Texas, and being more particularly described as follows,, to wit: An undivided ninety percent -interest 1.912 acres of land, more or lean, out of a portion of the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas, and being a part of a tract of land conveyed to A. H. Robinson, Jr. et al by V. C. Dedear and wife, Lola Mae Dedear, by deed recorded In Volume 413. Page 626,. Deed Records of Williamson County, Texas; acid 1.912 acre tract of land, more or leas, being more particularly described by metes and.bounda ae follows: Beginning at a point for the most Westerly northwest corner of herein described, said point being the intersection of the exis way line of R. M. Highway 620 and the proposed northwest right Highway .620, said point being South 71'55'02" East, 245.7 feet in the existing north right of way line of R. M. Highway 620; s 60.00 feet left of and at right angles to Engineer's Centerline relocated R. H. Highway 620; • c C. the tract of land , ting north right of of xrayline of R. H. from a point of tangency aid point also being Station 418+55.46 of EXHIBIT .AB” Form D-15-14 • Pa§e 3 of 10 Rev. 4-75 C C VOL.717 PAGE 531 THENCE along said proposed northwest right of way line, along a curve to the .right; the radius of which .is; 2351.,5 ,feet, ran jrq,disti•nca of 182.,42 feat, thetchord.of- which bears North 66'13'40" East 182.38 feet to a point of tangency; • THENCE along said proposed northwest right of way line North 68'27'00" East, 587.85 feet to a point in the grantors east property line. same being the vest property lin• of a tract of land conveyed to Austin White Line Company, a general partnership of A. H. Robinson, et a1 by deed recorded in Volume 428, Page 516 of the Deed Records of Williamson County, Texas; ' THENCE along said east property line South 18'08'00" East, 120.21 feet to a point is the proposed southeast right of way line of R. H. Highway 620; THENCE along said proposed southeast right of way line, South 68.27'00" West, 580.69 • feet to a point of curvature; • THENCE with said proposed 'right of way line along a curve to the left, the radius of which is 2231.83 feat, an are distance of 35.41 feet, the chord'of which bears South 67'59_'_44'_:1 eat,.35.41 feet to a point in the said existing north right of way line of R. H. Highway 620; THENCE along said existing north right of way line Horth 73'55'02" West, 185.41feet to the place.of beginning. • .01. • .,.. • "' .i orm D-15-' 4 t '•page 4 of 10 t Rev. 4-75 VQ! 7.1q PAGE 532 iI .r.,. '1:.• 4' Subject, however, to all easements ofrecord or visible and apparent an Xhe,ground. ,.. . Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to .the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors-' do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. • IN WITNESS WHEREOF, this instrument is executed on this the 16th day of March, 1978. I t. • AUSTIN WHITE LIME COMPANY A Texas Limited Partnership GEORGE E. ROBINSON Form 6 of 6 :;.0 Rev. 4-75 THE STATE OP TEXAS COUNTY OF Travis 5 li.;.••.+_Ir . v0! 717 PACE 533 Before me, Dorothy Warren , a notary public in and for said County and State, on this day personally appeared A. R. ' ROBZNSON, JR., known .to me (or proved t� me on the oath of a credible witnese) to be the person whose name is subscribed'to. •s foregoing instrument and acknowledged to me that he executed the sami; for the purposes and consideration therein expressed. • June Given under my liand and seal of office this the 15th day of , 19 7t n t� TBE'STATE OF TEXAS COUNTY OP • Travis Notary Publljc in and for: . Travis County, Texas Dorothy Warren • Before me, Dorothy Warren ' , a notary public in and for said CounEy and State, on this day personally appeared GEORGE E. ROBINSON, known to me (or proved to me -on the oath of a credible witness) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. for the purposes and consideration therein expressed. June Given under my hand and seal of office this the -15th day, of , 1978. Notar ern v{ n c in and for County, Texas Dorothy Warren • THE STATE or TEaos tiA'tileir.Cervenka. Cleric of We County Court d WO COunty, do hereby met* C000f7 of WIWoThooe ;��;• that the foregoing Instrument is weiWlf. with Ih'} otitlate of authenUostloor was Rod for mooed Ia >s7 odBoe on the.._ 27th My of_. !7li!! ,,y _.A. D. iaZa, at ,9.1i�_ _.o'atoett f� 1i. and auy mended thle the 21.01day a....___.JVU1�f „�► a. u, _ZH aa...4 t1S____o soca. x.. t� wa._,.. _ _.. __ _ at Aid County. In vol«....i1.%,..,.• n0 -...•814.W..... WITNESS MY RAND^ and 'Mal o{ Ilie."&unty Court of uld County. at oma In Oeoryatswa Yam, Um date Met above written. DICK Cr tvsNNKA. CURL County Court, Williamson Candi. Team • .I vol 717 PAGE 534 DEED TIE STATE OF TEXAS 1996 COUNTY OP WILLIAMSON KNOW ALL MEN BY THESE PRESENTS:. That Austin White Lime Company, a Texas limited partnership, acting by and through its duly general partners hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLARS {$1.00} and other good and val- uable consideration to Grantors in hand paid by the State of Texas, acting by and through the State ;iighway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien isretained, either expressed or. implied, have this day sold, and by these presents do GRANT, BARGAIN, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in William- son County, Texas, and being more particularly described as follows, to wit: BART.1 • 11;000 acres of land, more or less, out of a portion ofthe Jacob }i. Harrell Survey, Abstract No. 284, and the John McQueen Survey, Abstract No. 425, in Williamson County; Texas, and being part of a tract conveyed to A. H. Robinson, Jr., et al by V. G.: Dedear and Wife, Lola Hae Dedear, by deed recorder in Volume 413, page 626, Deed Records of Willi$mson County, Texas; said 11.000 acres of land, more or less, being more particularly described by metes and bounds as follows: . BEGINNING at a point for the most southwest point for the.berein described tract of . land, said point being in the existing south right of way line of R. N. Highway 620; oaid'point also being 50 feet right of and normal to centerline station 374111.80 of said existing R. H. Highway 620; THENCE along the southeast right of way line of said existing R. H. Highway 620, North 31.51' East. 321.21 feet to a point of curve; •i r� EXHIBIT C„ 116 Page-Tor-ro 1- Rev. 4-75 Page 2 of .*VOL 7 PABE535. ,Rev. 4-75 -THENCE continuing along said right of way line along a curve to the left, the t radius of which-isf1004a93 feet, -an ere distance of 485_84 feet the cfioid-of ".:t'" 'r which bears North 28°00' East, 481.12 feet to a point; THENCE continuing along said right of way line, North 04'09' East, 323.29 feet to e point; • , • THENCE South 58.09' East, 155.43 feet to a point in the prop• osed northweet right Pg • way line of R. M. Highway 620; . THENCE along said proposed northwest right of way line•North 31'51' East, 3082.88 feet to a point of curve; THENCE along a curve to the right with a radius of 2351.83 feet, an arc distance of 1057.76 feet, the chord bears North 44.44'0$" E, 1048.87 feet to a point; THENCE North 16'04'58" East, 86.13 feet to a point in the existing south right of way line of R. M. Highway 620 from said point, a point of tangency in the said existing right of way line bears North 73°55'02" West, a distance of 61.3 feet, said point also being 117.98 feet left of and normal to relocated R. M. Highway 620 centerline station 416+61.33; THENCE along said existing right of way line South 73.55'02" East, 252.79 feet to a • point in the proposed southeast right of way line of R. M. Highway 620; -said point being 60.00 feet right of and normal to relocated R. Hi Highway 620 centerline station • 418:+38.79; . • THENCE.0.1141g,aald,.propoaed southeast right of way line along a curve to•the lefts the radius of which is 2231.83..feet, an are distance of 1236.33 feet, the chord'of Which bears South 47'43'06" West, 1220.58 feet to a point of tangency; • THENCE cgntinuing,along aaid_Pzopoped_ermtheest right,of way line South 31.51' West, 2836.22 feet .to. A,pgint;, THENCE along said propose] southeast right of way line South 33'3759" West., 321.37 feet to yhe place of beginning. PART 2 ' An undivided ten percent interest int 1.912 acres of land, more or less. out of a portion of the Jacob H. Harrell Survey, • Abstract No. 284 in Williamson County, Texas, and being a part of* tract of land conveyed to A. H. Robinson, Jr. et al by V. C. Dedear and wife, Lola Has Wear, by deed recorded in Volume 413, Page 626, Deed Records of Williamson County, Texas; ' said 1.912 acre tract of land, more or leas, being more particularly described by metes and bounds as follows: Beginning at a point for the most westerly northwest corner of the tract of land herein described, said point being the intersection of the existing north right of way line of R. N. Highway 620 and the proposed northwest right of way line of R. H. Highway 620, said point being South 73'55'02" East, 245.7 feet from a point of tangency in the existing north right of way line of R. M. Highway 620; said point also being 60.00 feet left of and at right angles to Engineer's Centerline Station 418+55.46 of relocated R. M. Highway 620; Page 3 of 10 C �1,�i Rev. 4-75 •vot. 717 PACE536 THENCE along said proposed northwest right of way line, along a curve to the ,right, .,.,the radius of which is 2351.83 feet, an arc distance of 182.42%feet,•-the.chord•of• which bears North 66.13'40" East 182.38 feet to a point of tangency; • THENCE along said proposed northwest right of way line North 68'27'00" East, 587.85 feet to a point in the grantors east property line, came being the west property line of a tract of land conveyed to Austin White Lime Company, a general partnership of A. H. Robinson, et al -by deed recorded in volume 428, Page 516 of the Deed Records of Williamson County, Texas; ' THENCE Along said east property line South 16'08'OD" East, 120.21 feet to a point is the proposed aouthaast right of way line of R. H. Highway 620; THENCE along said proposed southeast right away lino, South 68.27'00" West, 580.69 feet to a point of curvature; • THENCE with said proposed 'right of way line along a curve to the left, the radius of which is 2231.83 feet, an arc distance of 35.41 feet, the chord'of which bears . South 67'59'44`.W.est,.35.41 feet to a point in the said existing north right of way line of R. N. Highway 620; THENCE along said existing north right of way line North 73'55'02" West, 185.41 feet to the place•of beginning. LL. • • . . , . • �ti' .• • . • . . , • Page 4 of 10 Rev. 4-75 • Subject, however,.to all easements of record or visible and apparent .on .the ground. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights ofingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together " with all and singular the rights and appurtenances thereto in anywise • belonging, unto the State of Texas and its assigns forever; and Grantors , do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular. the said premises herein conveyed unto the State of Texas and its assigns against every. person whomsoever lawfully claiming or to claim the same or any. part thereof. • IN WITNESS WHEREOF, this instrument is executed on this the 16th day of March, 1978. !. AUSTIN WHITE LIME COMPANY A Texas Limited Partnership r • By 1.�7��i ` ,: A. H. ROBINSON, JR: By GEORGE E.. ROBINSON THE STATE OF TEXAS vol. 717 mu 537 COUNTY OF Travli e . Before me, nr,M,thyy arra , a Notary Public in and for said County and State, on this day personally appeared A. H. Robin- son, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 15th day of June, 1978. . A, . • MY COMMISSION EXPIRES: '• 10-12-78 Notary Public, i and for Traria County, .Texas Dorothy Warren ThE STATE OF TEXAS ' COUNTY OF Travis = Before me, Dorothy Warren , a Notary Public in and for said County and State, on this day personally appeared George E. Robinson, known to the to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under hay hand and seal of office this the 15th day of 1 June �; .1978. u'. 14Y COMMISSION EXPIRES t • 20-i X78 r:• Notary Public, and for Travis County, Texas Dorothy Warren • THE STATE OF TEXAS County et Wfivamaon cx'�'Dtek Cervenka, Clerk of th. County Court of sold county, do hereby WW1 . . that the terming *ointment In 'Writing, with iti,serlttleato ot sur sntleadon, was mut the record in my *Moe OA the.. 27th � or.. -._June .--..'-A. D. u79 at__9:25..—_..».o'etoolc A ..Ii, and dub recorded We tug 27th �y oc.._ `?!inti : 1120 P _. a 4,10-2.t .c __ —.deka __ tc, m tA._...... Deed . .o...,.._ ? lleeordo of sold County, to vote.._ 717 pp. 534 MINUS MY HAND and Sial ft 'the County Cant of said County, et atlas to Georgetown. Tutt' the date Ian above written. •ear.. DICK Ch RVZNKA, CUM. County Court. Williamson oausq, Trac i EXHIBIT „D„ 1 ) QQ State Department of Highways .. ;Tend Public Transportation ►IJ Po= D-15-14 1.'4Page 1 of 4 q i� Rev. 7-75 ej THE STATE OF TEXAS S DEED 199 COUNTY OF WILLIAMSON S KNOW ALL MEN BY THESE PRESENTSt That Austin White Lime Company, a limited partnership acting by and through a duly authorized general partner, successor in title to Austin White Lime Company, a general partnership, of the County of Williamson, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the execution and delivery of that exchange agreement between Grantors and the State of Texas, acting by and through the State Highway and Public Transportation Commission of even date herewith, have this day sold, and by these presents do GRANT, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land. in Williamson County, Texas, and being more particu- larly described as follows, to witt An undivided 23.5 percent interest in 7.327 acres of land, more or less, out of a portion of the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas and being part of.a tract of land con- veyed to Austin White Lime Company, a general partnership composed of A. H. Robinson, Jr., et al by Janie Ferrell, joined by her husband F. M. Ferrell, by deed recorded in Volume 428, Page 516 Deed Records of Williamson County, Texas: Said 7.327 acre tract of land, more or less, being more particularly described by metes and bounds as follows: BEGINNING -at a point for the most easterly corner of the herein described tract; said beginning point being in the existing north right of way line of R. M. Highway 620, said point also being North 89'03'04" Weat, a distance of 213.0'feet from an existing right of way line point of curve; said point of beginning also being 60.00 feet left of and at right angles to Engineer Centerline Station 464+35.19; • THENCE along said existing north right of way line North 88°52'30" Weat, 221.26 feet to an angle point;' THENCE North 87'42'04"•West, 560.44 feet along raid existing right of way line to the point of a' curve; • THENCE with said'existing right of way line along a curve to the left, the radius of which is 1005.37 feet, an are distance of 615.60 feet, the chord of which bears. South 74'45'26" Hest, 606.03 feet to a point; THENCE continuing along said existing right of way line South 57'12'56" Weat, 181.53 feet to a point; r-� page 2 of 4 Rev. 4-75 • ',i 717 PAGE 539 THENCE with slid existing right of way line along a curve to the left, the radius of which is 1959.86 feet, an arc distance of 165.99 feet, the chord of which bears South 54'47'21" West, 165.94 feet to a point of intersection with the proposed south. right of way line of R. M. Highway 620; THENCE with said proposed south right of way line South 68'27'00" West, 2112.20 feet to a point in the grantors west property line; • THENCE along the grantors west property line North 18'08'00" West, 120.21 feat to a point for the northwest corner of the tract herein described, said point being in the proposed north right of way line of R. H. Highway 620; • THENCE along said proposed north right of way line North 68'27'00" East; 2416.50 feet to the point of a curve; THENCE along a curve to th• right, the radius of which is 2351.83 feet, an arc distance of 1434.20 feet, the chord of which bears North 85'55'12" East 1412.08 . feet to the point of beginning. . )lurm D-15-14 .. • • L • Page 3 of 4 ,VOL 717 na540 Subject, however, to all easements of record or visible and apparent on the ground. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface • thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other. minerals and materials thereon, therein and thereunder. ' ,. • TO RAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the 44day of 04040dg ,.• THE STATE OF TEXAS 5 COUNTY OF TRAVIS S 1 Before me, a notary public in and for said County and State, ; On this day personally appeared A. H. ROBINSON, JR. and GEORGE E. . r 1 ROBINSON, known to me to be the person whose names are subscribed to the foregoing instrument•and acknowledged to me thatthey executed • 1 ' the same for the purposes and consideration therein expressed and in the capacity therein stated. ....• , :::.: .;,,. . . .4.t •,..01.1Aiien under my hand and seal of office, this thec7.3.day of i _..t, .tia4r::__:.• ....- ., 1914. . , '.._, . I :.' a . N • ... : / .0 . '4444011) a lebeclail tary Ppblic in and for • kil V/ S County, Texas I ; .- : . ; : • : t.J MY iI7Pitilifssi*$ipires: • • . , V-81 Weat-lql 13,• -1 -4 AUSTIN WHITE LIMECOMPANY By A. H. ROBINSON, GEORGEE. ROBINSON General Partners • F9rm D-15-14 ,. Page 4 of 4 Rev. 10-61 CORPORATION ACIC IOWLEDC1fENT 'VOL 717 PAGE 541 STATE OF TEXAS County of ! • }. r BEFORE ME, the undersigned authority, a notary public in and for County. Texas, on this day personally appeared t of known to me to be the person end officer whose name Is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the sal.a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the _ day of , 19„_� Notary Public in and for PO H 0 0 �X H E. tc 0 g tit ENDORSEMENTS THE STATE OF TEXAS,. . County of Filed for Record County, Texas. Caunty Clerk 1, ., Clerk of the County Court of said County, do hereby certify that the foregoing.instrument of writing, dated the __day of .A. D 19_ with its authentication, was filed for record in my office on the.. day of , A D 19— • and duly recorded this the_ ' , day of , A. D 19 at In the Deed Records of said County, in Volume on Page. Witness my hand and the seal of the County Court of said County, at office in Texas, the day and year last above written. Clerk of Court, By • .County, Texas. Deputy. THE STATE OF TEXAS t , County of WmIatt.roaJ�� �((���,,•,.�?� ` weak•, Crest w the oouav said oc d enty. do hereby e (hot the tonaotna lostrum.at res �r(1fz , with lte' eetUtteata of suthentkatroq was 111yd for mord le fay Ottt.e pp te.._.._Z7th,_,d.y at.._-..aib1110 ... a► a. 1s..7.B at_..9225._...__.estoek.... ..Di, and duly r.oarded this D. 11 7 .t...,_4125 -----o doek. E -kc m ' Deed _ ' -'ittoord. oe ,.w county, m Vot,.I4.7 pp• wrreeS9 1[Y RAND and mai-4 , cAnty Court at udd County. at Who in aeortotewn. Trash, the dote lett above twatea 4 • nrctt crsva1rtCA CLUX, County Court, Williamson Comb,. ?ma a.-- ' r State'Department of Highways sand Public Transportation t. N Form D-15-14 1' Page 1 of 4 ReV. 7-75 i~ DEED THE STATE OF TEXAS s 1998 COUNTY OF WILLIAMSON 5 KNOW ALL MEN BY THESE PRESENTS: That Austin White Lime Company, a limited partnership acting by and through a duly authorixed.general partner, successor in title to Austin White Lime Company, a general partnership, of the County of Williamson, State of Texas, hereinafter referred to as Grantors, whether one or more, for an in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day sold, and by these presents to GRANT, BAR- GAIN, SELL AND CONVEY unto the State of Texas, all that certain tract or parcel of land in Williamson County, Texas, and being more particu- larly described as follows, to wit: An undivided .76.5 percent interest in 7.327 acres of land, more or less, out of a portion of the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas and being part of a tract of land conveyed to Austin White Lime Company, a general partnership composed of A. H. Robinson, Jr., et al by Janie Ferrell, joined by her husband F. M. Ferrell, by deed recorded in Volume 428, Page 516 Deed Records of Williamson County, Texas: Said 7.327 acre tract of.land, more or less, being more particularly described by metes and bounds as follows: BEGINNING at point for the most easterly corner of the herein described tract; said beginning point being in the existing north right of way line of R. M. Highway 620, said point also being North 89'03'04" West, a distance of 213.0 feet from en existing right of way line point of curve; said point of beginning also being 60.00 feet left of and at right angles to Engineer Centerline Station 464+35.19; • THENCE along said existing north right of way line North 88'.52'30" West, 221.26 feet to an angle point; THENCE North. 87'42'04" (cleat, 560.44•feet.-along said existing right of way liiie to the paint.of a'curve; THENCE with said'existing right of way Iine along a curve to the left, the radius of which is 1005.37 feet, an arc distance of 613.60 feet, the chord of which bears South 74'45'26" Neat, 606.03 feet to a point; THENCE continuing along said existing right of way line South 57'12'56" Neat, 181.53 feet to a point; EXHIBIT „ C„ lingo 2 of 4 Re' 4-75 ►vol 717 ncr 543 THENCE with slid existing right of way line along a curve to the left, the radius of which is 1959.86 feet, an arc distance of 165.99 feet the chord of which bears • South 54'47'21" West, 165.94 feet to a point of intersection with the proposed south right of way line of R. M. Highway 620; THENCE with said proposed south right of way line South 68'27'00" Nest, 2112.20 fest to a point in the grantors west property line; THENCE along the grantors west property line North 18'08'00" West, 120.21 feet.to a point for the northwest corner of the tract herein described, said point being in the . proposed north right of way line of R. M. Highway 620; THENCE along said proposed north right of way line North 68'27'00" East; 2416.50 feet to the point of a curve; THENCE along a curve to the right, the radius of which is 2351,83 feet, an are distance of 1434.20 feet, the chord of which bears North 85'55'12" East 1412.08 feet to the point of beginning. Yarm D-15-14 Page 3 of 4 'VOL 717 PAGE 544 - Is. Reir. 4-75 • Subject, however, to all easements of record or visible and apparent on the ground. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other. minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together . with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said . premises herein conveyed unto the State of Texas and its assigns against .every pers°n whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this Instrument -is executed on this the /lj day °f 4//,41•440:' THE STATS OF TEXAS COUNTY OF TRAVIS 5 5 AUSTIN WHITE LIME COMPANY By • •/T. GEORGE E. ROBINSON General Partners Before me, a notary public in and for said County and State, On this day personally appeared A. H. ROBINSON, JR. and GEORGE E. ROBINSON,. known to me to be the person whose names are Subscribed to the foregoing instrument•and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. .G��-ver;;�uhder• my hand and seal of office, this a the3 day of M A � �;.,,...., ... 4 1971. . r, . �., otary public in and for County. Texas My commiksiOn expr�YeS: ,/LINE 364 ` : e:• • T, •Form 0-15-14 rale 4 of 4 Rev. 10-61 County of CORPORATION ACKNOWLEDGMENT STATE .717 PACE 545 STATE OF TEXAS 1 /• BEFORE ME, the undersigned authority, a notary public in and for County Texas, on this day personally appeared of Ialown to 'me to be the peraon and officer whose name h subscribed to the foregoing instrument and acknowledged to me that the enure was the act of the said .i a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under ray hand and seal of office, this the day of , 19 Notary Public in and for County, Texas. TEE STATE County of OF TEXAS, Y 0 ENDORSEMENTS 1, _. Clerk of the County Court of said County. do hereby certify that the foregoing instrument of writing, dated the , ____ day of ._...,.A..D, 19_ with its authentication. was filed for record in my office on the _day of , A. D 19--- • at -__..___..o'clock _...--M., and duly recorded this the___—_____day of . A D 19 at ____o'clock ..__'tit., in the Deed Records of said County, In Volume , on Page .____—:--- Witness my hand acid the seal of the County Court of said County, at office in Texas, the day and year last above written. Clerk of Court, County, Texas. BY Deputy, THE STATE OF TEXAS County of Wiltiamaon ; 4 Dleh Cervenka, Clerk at the County Cant al .std Comb, do hereby canny that the toreatana ta.iram.at'tp truths, with- 1le, cutfticat. et .uta.otiesucq was lead tar reword to at, atria OA Wa.__271th.Aar wt_._. 7.W1 A A-7a7a..t.9.225 .__o'clock—A..a. and deli :warded an uw_.__.._2lt31da, at,.,. -171Z tet D. 11K._7$ at__1231L_-_.eclocta+,-11, __..__Aetsd "__,rte. R.word, of saw County. ba vet_717 — ere --5 t2— wrrntb• datewts sir 1B ad .aI -taw count, Catato of 4 CCountr, et Whoto Owrj.p.we, Team, DICK CrHvss L , CL/Qu. Couat, Court Wmt.m.oe Moab. Tow Exhibit A Sketch EXHIBIT „Bt. SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 10.00 ACRES, MORE OR LESS, OUT OF THE JACOB HARRELL SURVEY, ABSTRACT NUMBER 184, ALSO KNOWN AS RM 620 RIGHT-OF-WAY AT WYOMING SPRINGS TRACT, AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"). The City of Round Rock, Texas proposes to annex the Property under Texas Local Govermnent Code, Subchapter C-1 entitled "Annexation Procedure for Areas Exempted from Municipal Annexation Plan," Section 43.061 et seq. The Property is entirely public right-of-way. The Property is generally surrounded by undeveloped tracts, with the exception of a pharmacy and the Saint David's Hospital at the northeast intersection of Wyoming Springs Drive. Recent annexation and zoning will allow commercial uses along the northern portion of the Property that lies to the west of Wyoming Springs. Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of full municipal services to the area to be annexed" and mandates that the City "shall provide the services by any of the methods by which it extends the services to any other area of the municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to required components of the service plan. Required Components of the Service Plan A. Section 43.056(b) requires that the service plan include a program under which the City will provide full municipal services in the annexed area no later than 2 1/2 years after the effective date of the annexation (unless certain services cannot reasonably be provided within that period, under which circumstance the City may propose an extension for provision to 4 1/2 years). The City will provide full municipal services to the Property within the statutorily - mandated 2 1/2 year period. The City's program is for provision of such services immediately upon annexation. The City does not propose a schedule to extend the period for providing any services. Section 43.056(b) further requires that, if the City provides any of the following services within its corporate boundaries before annexing the proposed tract, the City must provide those services in the area proposed for annexation on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. The City does currently provide the enumerated services within its corporate boundaries, with the exception of emergency medical services which are provided by Emergency Service District No. 9. Therefore, the City will provide the following services to the Property on the effective date of the annexation: (1) Police protection - To be provided immediately upon annexation; (2) Fire protection - To be provided immediately upon annexation; (3) Emergency medical services — Currently provided by Emergency Service District No. 9; (4) Solid waste collection - As no residential properties or commercial ventures exist within the Property, service of same is not at issue; (5) Operation and maintenance of water and wastewater facilities - As no residential properties or commercial ventures exist within the Property, and no such properties or ventures will be established, operation and maintenance of same is not at issue;; (6) Operation and maintenance of public roads and streets, including road and street lighting — Immediately upon annexation, those portions of RM 620 incorporated into the City will be maintained; (7) Operation and maintenance of parks, playgrounds, and swimming pools - As there are none of these facilities on the Property, operation and maintenance of same is not at issue; (8) Operation and maintenance of any other publicly owned facility, building, or service - As there are none of these on the Property, operation and maintenance of same is not at issue; B. Section 43.056(c) requires the City to define "full municipal services" as services provided by the City of Round Rock within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City so defines `full municipal services." C. Section 43.056(d) does not apply to the City. D. Section 43.056(e) requires that the service plan include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of 2 capital improvements necessary for providing municipal services adequate to serve the area. The City has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Section 43.056(g) further requires that the service plan provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 3 The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. G. Section 43.056(h) does not apply to the City. H. Section 43.056(i) does not apply to the City. I. Section 43.056(j) requires that the proposed service plan be made available and explained at public hearings, and allows such service plan to be amended through negotiation at the hearings except that provision of any service may not be deleted. The City will make its proposed service plan available at the public hearings scheduled on April 9, 2009 and April 23, 2009. At such public hearing, comments and requests for amendments to the service plan may be made. In response, the City may or may not amend its proposed service plan; however, the City would not amend the service plan for the deletion of any service. J. Section 43.056(k) makes a Council -approved service plan a contractual obligation not subject to amendment or repeal except in the case of changed conditions or subsequent occurrences that make the service plan unworkable or obsolete; in such case, the amended service plan must provide for services that are comparable to or better than those established in the original service plan. The City acknowledges- that, upon approval by the City Council evidenced by attachment to the ordinance annexing the Property, the service plan is a contractual obligation not subject to amendment or repeal except under the statutory conditions contained in Section 43.056(k). K. Section 43.056(1) establishes that a service plan is valid for 10 years and may be renewed at the discretion of the City. Section 43.056(1) further gives a person residing or owning land within the annexed area the right to enforce a service plan by applying for a writ of mandamus within specified time frames and, if such writ is issued, provides certain possible remedies including disannexation, specific performance in terms of compliance, refund by the City of money collected from landowners for services not provided, assessment of civil penalties against the City, required participation in mediation, and required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. The City acknowledges that it is subject to the statutory requirements of Section 43.056(1). L. Section 43.056(m) establishes that the governing statutes do not require that a uniform level of full municipal services be provided to each area of the municipality if different 4 characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. The City acknowledges that a uniform level of full municipal services is not required to be provided to an area of the City which, by reason of its different characteristics of topography, land use, and population density, provides a sufficient basis for the City to provide different levels of service. The City will comply with requirements that municipal services be provided to the Property which are adequate to serve the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to or greater than that which is available to other parts of the City which share similar topography, similar land use, and similar population density which is in accord with uninhabited undeveloped land. M. Section 43.056(n) directs that the City may not, within certain time frames, prohibit the collection of solid waste in the annexed area by a privately owned solid waste management service provider or impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(n). N. Section 43.056(o) states that the City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. The City acknowledges that it is subject to the requirements of Section 43.056(o). 5 Exhibit 4 Ordinance No. A -09-05-14-8G2 Annexing 9.36 acres of RM 620 right-of-way. 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 2009035275 05/20/2009 03:23 PM SURRATT $140.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS