A-09-05-14-8G8 - 5/14/2009ORDINANCE NO.Oq'0't'Q,CM
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 30.02 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 30.02 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:\,doa\sccmce\10113\0905 \MONICIeAL\09o514ce.0oc/[mc
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 tiA day
of
M&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:ISMAL.
SARACity Secretary
, 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD
AT ROCKIN' ] ROAD TRACT
DESCRIPTION
4
EXHIBIT
BEING a 30.02 -acre tract of land, more or less, being out of and a portion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, and further
described in Deeds recorded in Document Number 9760377, Official Records of
Williamson County, (ORWC), and in Document Numbers 199968491, 2001026669,
2000031344, and 2001029443, Official Public Records of Williamson County
(OPRWC), said Deeds being attached hereto as Exhibits B, C, D, E, and F
respectively,
SAVE AND EXCEPT from said deed descriptions approximately 0.098 acres
previously conveyed to the City of Round Rock as right-of-way in Document
Number 2001048967, OPRWC, and annexed in Ordinance Number A -08-10-23-
11B4, and 0.545 acres previously conveyed to the City of Round Rock as right-of-
way in Document Numbers 2001073576 and 2002011743, OPRWC, and annexed in
Ordinance Number A-08-10-23-1165, said Ordinances recorded in Document
Numbers 2008083386 and 2008083385, respectively, and attached hereto as
Exhibits G and H, respectively;
SAID 30.02 -acre tract also includes the entirety of Rockin' J right-of-way, a 50 -feet
wide roadway as dedicated to the public and described in Volume 1473 Page 113,
ORWC, attached hereto as Exhibit I;
SAID 30.02 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
DOC* 9760377
WARRANTY DEED
(Williamson County, Texas)
Date: DECEMBER 31, 1997
Grantor: ROCKIN' J CORPORATION
Grantee: LUCY GUERRERO
Address: One Fairview Drive
Round Rock, Texas 78664
Consideration: TEN DOLLARS and other good and valuable consideration in
hand paid to Grantor, the sufficiency of which is acknowledged, and the
execution and delivery by Grantee of Grantee's one certain promissory
note of even date herewith in the principal sum of EIGHTY-EIGHT THOUSAND
AND NO/100 DOLLARS ($88,000.00) payable to BANK ONE, TEXAS, N. A.,
payable and bearing interest as therein provided, and containing the
usual clauses for acceleration of maturity and attorney's fees, the
payment of which note is secured by the vendor's lien herein retained,
and is additionally secured by a Deed of Trust of even date herewith to
ROBERT F. NELSON, Trustee.
Property (including any improvements) :
5.436 acres of land, more or less, out of the WILLIS DONAHO, JR.
SURVEY, Abstract No. 173, in Williamson County, Texas, and being
more fully described in Exhibit "A" attached hereto.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made, delivered and accepted subject to the
following restrictions which shall be covenants running with the land.
1. No mobile home, pre -fabricated home or trailer home shall be
permitted upon the Property.
2. Only site built structures shall be permitted on the Property, no
existing structures shall be moved onto the Property.
3. No church building shall be permitted upon the Property.
4. The Property shall not be used as junkyard or salvage yard.
5. There shall be no objectionable noises or smells coming from the
Property.
Additionally, this conveyance is made, delivered and accepted
subject to the payment of ad valorem taxes assessed against the
property conveyed for the current year, all restrictions,
covenants, any outstanding royalty and mineral reservations,
conditions and easements of record affecting said property, and any
and all zoning laws, regulations and ordinances of municipal and/or
other governmental authorities affecting said property.
Warranty Deed
ROCKIN' J\GUERRERO \12\gt6860
)
OFFIQAL RECOMG
WILUMI93N COU
EXHIBIT
•
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants,
sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise
belonging, to have and bold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to WARRANT AND FOREVER
DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, administrators, successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
It is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above described premises,
is retained against the above described property, premises and improverrents until the above described note and all interest
thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute.
BANK ONE, TEXAS, N. A., at the instance and request of the Grantee herein, having advanced and paid in cash to
the Grantor herein that portion of the purchase price of the herein described property as is evidenced by the hereinbefore
described 388,000.00 note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the
benefit of said BANK ONE, TEXAS, N. A., and the same are hereby TRANSFERRED AND ASSIGNED to said BANK
ONE, TEXAS, N. A..
When the context requires, singular nouns and pronouns include the plural.
ROCKIN' J CORP
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on DECEMBER 31, 1997 by
nauir F ,Tont**. President of ROCKIN' J
CORPORATION, a Texas corporation, on behalf of said corporation.
urstseso.wd
Warranty Deed
ROCKIR' J\nJERRERO \12\gt6l6o
otary Public, State of Texas
Page 2
EXHIBIT A
METES AND BOUNDS DESCRIPTION
Page lof2
BEING 5.436 ACRES OUT OF THE WILLIS DOMAN°, JR. SURVEY, ABSTRACT
N0.173 WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF THAT 18.651
ACRE TRACT OF LAND CONVEYED TO ROCKIN' J CORPORATION IN VOLUME 1753,
PAGE 835 OF THE WILLIAMSON COUNTY OFFICIAL RECORDS, SAID 5.436-' ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar found in the north r.o.w. line of County
Road 113 at the southeast corner of said 5.436 acre tract of land,
being also the southwest corner of a 1.138 acre tract dedicated for
use as a public road in Volume 1473, Page 113 of the Williamson
County Official Records, for the southeast corner and PLACE OF
BEGINNING hereof;
THENCE with the north r.o.w. line of County Road No. 113 (r.o.w.
varies), being also the south line of said Rockin' J
Corporation tract of land, N 88° 56' 13" W 224,93 feet to a 1/2"
rebar found at the southwest corner of said 18.651 acre tract of
land, being also the southeast corner of that certain 38.0 acre tract
of land conveyed to Robert Dillard in Volume 1390, Page 799 of the
Williamson County Official Records, for the southwest corner hereof;
THENCE with the common line between said Rockin' J Corporation tract
of land and said Dillard tract of land, the following two (2)
courses:
N 010 07' 35" E at a distance of 10.02 feet passing a 1/2"
rebar found and continuing for a total distance of 634.94
feet to a 1/2" rebar found for an angle point hereof;
N 11' 06' 35" W 364.82 feet to a 1/2" rebar found at the
northwest corner of said 5.436 acre tract of land, being
also the southwest corner of that certain 6.2217 acre tract
of land conveyed to Robco Landscaping, Inc. in Document No.
9715268 of the Williamson County Official Records, for the
northwest corner hereof;
THENCE with the common line between said Rockin' J Corporation and
said Robco Landscaping, Inc. tracts of land, S 88° 53' 13" E 302.25
feet to a 1/2" rebar found at the northeast corner of said 5.436 acre
tract of land, being also the northwest corner of said Public Road
dedicated in Volume 1473, Page 113, for the northeast corner hereof;
Page 2 of 2
THENCE with the common line between said 5.436 acre tract of land and
Said Public Road, S 01° 07' 36" W (bearing basis for this survey)
991.29 feet to the PLACE OF BEGINNING and containing 5.436 acres of
land, more or less.
NOTE: See plat prepared to accompany this metes and bounds
description.
AS SURVEYED,BY:
RALPH HARRIS SURVEYOR INC.
1406 NETHER
AUSTIN, TEXAS 78704
At
.P.L.S. NO. 1919
DECEMBER 24, 1997
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JAMES M. GF;
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Doc$ 9760377
$ Pages: 4
Date : 12-31-1997
Time : 03:55:49 P.M.
Filed 8 Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 15.00
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EXHIBIT
• 990� oasLAI
Re -Record to Add Exlubst "A"
WARRANTY DEED WITH VENDOR'S LIEN
Date: August 27, 1999
Grantor: ROCKIN' J CORPORATION, a Texas corporation / 1
G utor's Mailing Address (including county): 36o o k /2n • &i of Roc (G.
-29(a(v(I /2f.tYm. )
Grantee: THE PARRISH GANG, LTD
G utee's Mailing Address (including county): ' 5 �.,,- 21/
+ce 7y. 7 c;40
Consideration: TEN AND NO/100 DOLLARS and other good and valuable consideration and the
further consideration of a note dated August 27, 1999, that is m the principal amount of ONE
HUNDRED SEVENTY-SIX THOUSAND ANDNO/100 DOLLARS ($176,000 00) and is executed
by Grantee, payable to the order of COAMERICA BANK - TEXAS The note is secured by a
vendor's lien retained in favor of COAMERICA BANK - TEXAS in this deed and by a deed of trust
dated August 27, 1999, from Grantee to GARY W ORR, Trustee
Property (including any improvements):
5 0 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO 173 IN WILLIAMSON COUNTY, TEXAS, AND
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
"A" ATTACHED HERETO AND MADE A PART HEREOF
Reservations From and Exceptions to Conveyance and Warranty:
Any easements and prescriptive rights shown of record, all presently recorded
restnctions, reservations, covenants, limitations, conditions, and oil and gas leases,
mineral severances, and other instruments, other than hens and conveyances, that
affect the property, rights of adjoining owners in any walls and fences situated on a
common boundary, any discrepancies, conflicts, or shortages in area or boundary
lines, any encroachments, or overlapping improvements, all nghts, obligations and
other matters emanating from and existing by reason of the creation, establishment,
maintenance and operation of any applicable governmental district, agency,
authority, etc , and taxes for 1999 and all subsequent years, the payment of which
Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged, and subject to the
reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the nghts and appurtenances thereto in any wise
WARRANTY DEED WITH VENDOR'S LIEN - PAGE 1
•
Utur.0 i wry 11 1 Lt ttAN I PERIL
BEING S.00 acres of lend, situated in the W11lls Donsho Survey, Abstract No. 173, IR Williamson
Cowry, Teen, being a portion of that cntaid tract of land, called 11.651 ram u conveyed to
Roane J Corporation by deed as recorded in volume 1753, Page 836, of the pmts( Retards of
Williamson County, Texas Surveyed an the ground in the month of Augurs, 299P, under the
supervision of Don 13 Btudl Registered Protbsaional Land Surveyor, and bang more
panicclarly deem'bed as follows;
HEOTNNINB at In irdq pun found marking the most soatherty Southeast corner of the above.
referenced 13.651 acre tract, bang the Southwest career of certain Tract 1, celled 3.0 acres, as
=ward to Theodore Joel Staub, Barbara Staub, and Alan Staub, by deed !worded as Doormen
No. 9629245 of the O1 Icial Records of WW smwe County, Tues, being on the ninth line cf that
certain Tract 11, caped 0.65 of an acre, es conveyed to Theodore Joel Staub, Barbara Staub, and
Alan Staub, by deed recorded as DoaumaM No 9639245 orf the OQ1dal Records of WWDbmsen
County, Texas, for the Southeast comer hersoC
THENCE, along the south line of the sad 18.651 ase tract, N 88' 55' 30" W, at 18.24 feet,
mot. or less, pus tbs most westerly comer of the said Staub Tract 13, gad co» dntdrtg along the
north One of County Roast Na 113, Ser a total distance of 436,86 fret to an iron pia W at the
intersection of the mid north One of County Road No 113 end the test One of Rooldn' 1 Read,
being the Southeast corner of that tray, called 1.138 acro, as Dedicated to the rubric for Inc u
Publio Road, °£record in Volume 1413, inc 113, of the Official Records of Wifamsan County,
Tent kr the Southwest corner hereof;
THENCE, along the said sat line of Reclds' 1 Road, being the eau line of the sold 1 138 ire
ironic and a weetsrty line oft* sad 111.6S I we tract, N t' 04' 30" E, 501,41 het to en iron pia
found for the NIchweat coiner bane
TH NCE, 3 s8" S7, 30" 5, 431.46 feet to an iron pin found fbrthe Northeast corner beteg
T13131907, S 0. 1a' 30" W, 99,12 kat to en bon pin farad narking an interior earner of the said
18.651 two tract, being the Northwest emu of the said Stab Tact 1, and S r 30' W, 402 54
feet to the Thee otBEOlNNWO and contalalgg 5.00 acres of3md.
STATE OP TEXAS
COUNTY.
OP WILLIAMSON
}
}
KNOW ALL MEN BY TRESS PRESENTS:
1, Don H. Bend!, Registered Pro&miona Land Surveyor, do hereby an* that this surrey was
made on the ground of the property lewdly dumbed hereon and is correct, and that then eta no
apparent dbaepaada, costed'sots, o erl.pplog of improvements, viable utility Sea cr roads in
Seca, oreapt as shorn en the wcorapsnybnt plat. and that said property hat ammo to end Roma
dedicated msdwsy, to the best of my knowledge and beide
To cadfr wi�ieb, outclass myA and sad sell at Georgetown, WlBmuon County. Ts this the
2lyd dayof 4W/41/0 ,1999,AD.
Regi tared Prgfivials(i.(ud Suneyer, No. 2218
State of Teaas
33on K BlzuO
1521714
I
EXHIBIT "ft"
Stegat die 1:81wn1l EngIitlerixttl,
saes i3aeya«r. serous
" how,net
•
RECORDERS MEMORANDUM
All or pens of the text on this page was nos
clearly legible for sansfactory,ecordattr
ay
belonging, to have and hold it to Grantee. Grantee's heirs, executors, administrators, successors or
assigns forever. Grantor binds Grantor and Grantor'aheirs, executors, administrators and successors
to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors.
administrators, successors and assigns against every person whomsoever lawfully claiming or to
Glenn the same or any part thereof, except as to the reservations from and exceptions to conveyance
and warranty
The vendor's hen against and supenor tide to the property are retained until each note
described is fully pard according to Its terms, at which time this deed shall become absolute
COAMERICA BANK - TEXAS, at Grantee's request, having paid in cash tu Grantoi that
portion of the purchase pnce ofthe property that is evidenced by the note described The vendor's
leen and superior title to the property are retained for the benefit of COAMERICA BANK - TEXAS
and are transferred to COAMERICA BANK - TEXAS without recourse on Grantor
When the context requires, singular nouns and pronouns include the plural.
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY 01? WILLIAMSON
This instrument was acknowledged before me on August a% 1999, by DAVID E,
JONES, President of ROCKIN' J CORPORATION, a Texas corporation, on behalf of said
corporation.
Notary Pubhe, State of Texas
WARRANTY DEED WITH VENDOR'S LIEN - PAGE 2
DONNA SHWREY
Notary Pubhe
State of Texas
My Commission Expires
OCTOBER 14 2001
Rug 27 99 03:03p troy
•
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
512 255 6975 F.,,f
This Instrument was acknowledged before me on August 1999, by LINDA SUE
JONES, Secretary of ROCKIN' J CORPORATION, a Texas corporation, on behalf of said
corporation.
fkdlrodon 1
l
Notary Public, State of Texas
FILED WO RECGRryE
OFFIC • PUBLIC ' ORDS
DONNA SHIREY
Notary Public
State of Texas
My Commission Expires
OCTOBER 14, 2001
09-01- 04:19 ' 99959779
a ITEDUTY
NANC RSR'CONTYCLERK
WILLIAMSON COUNTY, TEXAS
1111.; A0100 'E1UPUEi
OFFICIAL PURL IC RECORDS
10-06-1999 03:37 PM 199960491
MRISTEgCODUUN
NANCY E.R;COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
WARRANTY DEED WITH VENDOR'S LIEN — PAGE 3
e/i -arc /1.i.
20C 026669 4 P 9 s
General Warranty Deed
Date: f r! 20 , 2001
Grantor: Theodore Joel Staub and Barbara Staub, husband and wife, owning, occupying, and
claiming other property as homestead
EXHIBIT
1
Grantor's Mailing Address:
Theodore Joel Staub and Barbara Staub
14836 Irondale Dr.
Austin, Texas 78717
Travis County
Grantee: Alan L. Staub and Julie A. Staub, husband and wife
Grantee's Mailing Address:
Alan L. Staub and Julie A Stau
36oz- KiphPrt Koa .
Round Kook,rnAhb'f
Illi)/i'nMJOvt County
Consideration:
Love of, and affection for, Grantee.
Property (including any improvements):
TRACT I:
3 acres of land, more or less, out of the WILLIS DONAHO SURVEY, Abstract No. 173 in
Williamson County, Texas, and being more fully described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
TRACT II:
.65 of an acre, more or less, out of the WILLIS DONAHO SURVEY, Abstract No. 173 in
Williamson County, Texas, and being more fully described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
AS TO TRACT I: Restrictive covenants of record in Volume 881, Page 814, Deed Records,
Williamson County, Texas and modified in document #9621448, Official Records of Williamson
County, Texas; easement of record in Volume 308, Page 22; electric line and telephone line as
shown on survey plat dated February 11, 1977 (revised), prepared by Ralph W. Harris, Registered
Public Surveyor No. 1729; and mineral reservations on record in Volume 861, Page 345 and
Volume 881, Page 814, Deed Records of Williamson County, Texas.
AS TO TRACT II: Easements of record in Volume 233, Page 443; Volume 239, Page 22;
Volume 337, Page 368; and Volume 348, Page 397, Deed Records of Williamson County, Texas;
power lines and poles in place as shown on survey plat dated August 12, 1989, prepared by Stan
Coalter, Registered Public Surveyor No. 1481; rights of others, if any, to use the gravel road
through the property as shown on survey plat dated August 12, 1989, prepared by Stan Coalter,
Registered Public Surveyor No. 1481; failure to comply with Section 232.001 of the Local
Government Code, VATS pertaining to the filing of a subdivision plat.
AS TO BOTH TRACTS: Rights of Brushy Creek Water Control and Improvement District
No. 1 to levy taxes and issue bonds; rights of parties in possession; any and all zoning laws,
regulations and ordinances of municipal and other governmental authorities affecting the Property;
any discrepancies, conflicts or shortages in area or boundary lines; any encroachment, protrusions
or overlapping of improvements; and taxes for 2001 and subsequent years, and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership,
the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
-4<Lp/etc
Theodore Joel S
A
arbara Staub
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me o ' 2D 2001 by Theodore Joel
Staub and Barbara Staub, husband and wife.
CMY L aOYEY
MY COMMISSION EXPIRES
Sepkmbern,2002
PREPARED IN THE OFFICE OF:
Y
Notary PubState of Texas
LAW OFFICES OF CARY L. BOVEY
600 ROUND ROCK WEST DRIVE, SUITE 603
ROUND ROCK, TX 78681
(512) 388-5290
(512) 388-9554 Fax
AFTER RECORDING RETURN TO:
(LAW OFFICES OF CARY L. BOVEY
' 600 ROUND ROCK WEST DRIVE, SUITE 603
ROUND ROCK, TX 78681
(512)388-5290
(512) 388-9554 Fax
err
EXHIBIT A
TRACT l:
3.0 acres of land, more or less. out of the Willis Donaho Survey,
Abstract No. 173 in Williamson County, Texas, and being described
follower
BEGINNING at a 3/4" iron pin Lound at the base of a Lance at the
Southeast corner of the David E. Jones 70.16 acre tract of land
described in Volume 861, Page 345, Deed Records, Williamson
County, Texas, of the Willis Donaho Survey, Abstract No. 173, in
Williamson County, Texas;
THENCE N 88' 33' 00" W, 325.02 feet along the North right of way
of County Road No. 113; -
THENCE N 00' 31' 00" E. 402.06 feet along a 1.41 acre tract to the
Northwest corner of this;
THENCE S 88' 53' 00" E, 325.02 feet to a point in the east Iine of
the Jones 70.16 acre tract;
THENCE S 00' 31' 00" W, 402.06 feet•to the POINT OF BEGINNING
containing 3.0 acres of land more or less.
TRACT II:
•
BEING a part of the WILLIS DONAHG, JR., SDRVEY, Abetract4o. 173,•.
Williamson County, Texas, and being all of that Certain0.65 acre:
tract of land describd as "Tract 2" in a,deed to Thosss•,R. Joseph.
Jr., and wife, Lola Annette Reid Joseph, -recorded in.Volme:514 at
Page 193, Deed Records of Williamson County, and beinq•a,ore
particularly described by metes and bodnds as tollows.':to wit:•
BEGINNING at an iron pipe found -at the northeast Cotner of said
Tract 2, said iron pipe alma being the southeast corner -of .that
certain 3 acre tract of land. described :in. 881lat Page 314,.;.:
Deed Records of Williamson County; n
THENCE S 09' 58' 43" E a distance of:165.00 feet to an iron. rod set;'.,
at the southeast corner of said Tract' 2;:.it
THENCE N 73' 30' 03" W a distance of 383.58 -feet with.:,the eostbwest
line of said Tract 2 to an ironrod set,'Iran which an iron'rod toned i?
at the southwest corner of said 3 acre tract bears N:81.•:01* 33"R a
distance of 18.24 feet;
THENCE N 81' 01' 33" E a distance of 343.40 feet with'tbe.nortlj.''.'
line of said Tract 2 to the Place. of Beginning, containing
acres of land. _....,..
FILED ARD RECORDED
OFFICIAL PUBLIC RECORDS
04-20-200 03:2 PM 2001026669
ANDERtju 515.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
pooSFS197 vA
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2000031344 4 Rgs
GENERAL WARRANTY DEED
(With Vendors Lien)
6688360889
KNOW ALL MEN BY THESE PRESENTS:
THAT ROCKIN' J CORP RATION AND DAVID E. JONES AND WIFE, LINDA SUE JONES
of the County of
in the State of , hereinafter called 'Grantor (whether one or mon), for and in consideration of the
sum of TEN AND 1401100 DOLLARS (610.00) and other good and vapable consideration to Grantor in hand paid by
JULIE E. MORRIS AND KERRY 8. MORRIS
of WRLAMSON County. TEXAS , hereinafter called "Grantee" (whether one or more), whose mailing address is:
3600 KIPHEN ROAD , ROUND ROCK, TEXAS 78664
the receipt and sufficiency of which are hereby acknowledged and confessed. and the further consideration of the execution and delivery by said
Grantee of one certain Promissory Note in the prbclpal sum of
THREE HUNDRED FORTY TWO THOUSAND AND 00/100
DOLLARS (3 942,000.00 ), of even date herewith, payable to the order of
BANK OF AMERICA, N.A.
hereinafter celled 'Mortgagee,' bearing Interest at the rate therein provided; said Note containing the usual clause for payment of attorney fees upon
default and various acceleration of maturity clauses In case of defauk, and being secured by Vendor's Lien and Superior Title retained herein in favor of
said Mortgagee, and also secured by teed of Trust of even date herewith from Grantee to
PRLAP, Inc., a Taxan Corporation
Trustee;
and
WHEREAS, Mortgagee has, at the special instance and request of Grantee, paid to Grantor $ 342,000.00 of the purchase price ofthe
property hereinafter described as evidenced by the above desaibed Note,
said Vendors Lien and Superior Title against said property securing the payment of said Note, are hereby assigned, transferred and delivered to
Mortgagee without recourse on Grantor, Grantor hereby conveying to said Mortgagee
the said Superior Title to said property, subrogating said Mortgagee to all the rights and
remedies of Grantor in the premises by virtue of said Mens;
Md Grantor has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto said Grantee, the following
described propartY, ta-wit:
"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF."
AS to 1.0 acre described in Volume 1753, Page 835, OFFICIAL RECORDS, WILLIAMSQ4
COUNTY, TEXAS: DAVID E. JONES AND WIFE, LINDA SUE JONES; AS TO THE REMAINDER:
ROCKIN' J CORPORATION
TO HAVE AND T01401.0 the above described premises. together vire' a0 and singular the rights and appurtenances Thereunto 01 anywise belonging
unto said Grantee, Ws heirs and assigns, forever. Md Grantor does hereby bind himse0, his heirs, executors and administrators, to WARRANT and
FOREVER DEFEND all and singuNr the sold promises unto said Grantee, his heirs and anions, against every person whomsoever IawfuIIy claiming or
to dairy' the sane or any part thereof, except for taxes for the current year which are prorated es of the date hereof and assumed by the Grantee herein.
111IS CONVEYANCE is made and accepted expressly subject to any and all restrictions, covenants, conditions, agreements, assessments,
maintenance charges, leasee, easements and previously conveyed or reserved mineral and royalty Interests, N any, relating to the hereinabove
descried property. but only to the extenehey are still in affect and shown of record in the hereinabove mentioned County and State. and to a0 zoning
laws, regulations, and ordinances of mundpat aaYa governmental authorities, 6 any, but only to the extent they are sMl In effect relating to the
hereinabove described property.
606N: 0990 Page 1 of 2
It is expressy agreed that the Vendors Lien and Superior Title are retained against the above described property, premises and
_improvements, until said Note and all interest thereon shall have been fully paid according to the terms thereof, when this Deed shall
become absolute.
When this Deed is executed by more than one person, male or female, or a corporation or other entity other than a natural person, or
when the Grantee is more than one person, male or female, or a corporation or entity other Nan a natural person, the instrument shall
read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation or
other entity other than a natural person, the words "heirs, executors and administrators" or "heirs and assigns' shall be constued to
mean "successors and assigns"
EXECUTED on this the 15TH day of MAY, 2000
Rockin' J
by: David
President
THE STATE OF TEXAS
n
, Individually and as
n' J. Corporation
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on MAY 15, 2000
Rockin' J Co ration
by: Linda Sue Jones, Individually
and as Secretary of Rockin' J. Corporation
, by
David E. Jones, Individually and as president of Rockin' J. Corporation
Linda Sue Jones, Individually ans as Secretary of Rockin' J. Corporation
After Recording
JULIE E. MO
DONNA SHIREY
Notary Public
Stale ct Texas
My Commission Expires:
OCfO3ER 14, 2001
etum To:
S AND KERRY B. MORRIS
2413 DONNER PATH
ROUND ROCK TEXAS 78564 ROUND ROCK, TEXAS 76581
81514:1/97 Pape 2ot2
Printed Name of Notary
My commission expires:
LEGAL DESCRIPTION FOR KERRY B. MORRIS AND JULIE E. MORRIS
BEING 9.21 acres of land, situated in the Willis Donaho, Jr. Survey, Abstract No. 173, in Williamson
County, Texas, being a portion of that certain tract of land, called 19.651 acres, as conveyed to David E.
Jones and wife, Linda Sue Jones, by deed as recorded in:Volume 1613, Page 615, ff the Official Records
of Williamson County, Texas, also being a portion of that certain tract of land, called 18.651 acres, as
conveyed to Rockin' J Corporation by deed as recorded in Volume 1753, Pap 835, of the Official Records
of Williamson County; Texas. Surveyed on the ground in the month of April, 2000, under the supervision
of Don H. Blued, Registered Professional Land Surveyor, and being more particularly described as
follows;
BEGINNING at an iron pin found marking the Northeast corner of the above -referenced 19.651 acre and
18.651 acre tracts, being on the west line of that certain tract of land, called 84.49 acres, as conveyed to
REG Enterprises, Inc:, of record as Document No. 199981309 of the Official Records of Williamson
County, Texas, being the Somheast corner of that certain tract of land, called 6,2217 acres, as conveyed to
Pitt Building Company, Inc., of record as Document No. 9823954 of the Official pecords of Williamson
County, Texas, for the Northeast corner hereof;
THENCE, along the east line of the said 19.651 acre and 18.651 acre tracts, being the west line of the said
84.49 acre tract, S 0° 29' 30" W, 588.93 feet to an iron pin found marking the Northeast corner of that
certain Tract I, called 3.0 acres, as conveyed to Theodore Joel Staub, Barbara Staub and Alan Staub, by
deed recorded as Document No. 9629245 of the Official Records of Williamson County, Texas, for the
Southeast comer hereof;
THENCE, N 88° 49' 30" W, 325.06 feet to an iron pin found on the east line of that certain tract of land,
called 5.0 acres, as conveyed to The Parrish Gang, Ltd., by deed recorded as Document No. 199968491 of
the Official Records of Williamson County, Texas, for the Northwest comer of the said Staub tract, for the
most southerly Southwest comer hereof;
THENCE, N 0° 27' 30" E, 99.00 feet to an iron pin found marking the Northeast comer of the said 5.0
acre tract, for an interior comer hereof;
THENCE, N 88° 53' 30" W, 431.44 feet to an iron pin found on the east line of Rockin' J Road, a 1.138
acre tract, Dedicated to the Public, of record in Volume 1473, Page 113, of the Official Records of
Williamson County, Texas, for the most westerly Southwest corner hereof;
THENCE, along the said east line of Rockin' J Road, N 1° 07' 30" E, at 60.36 fcei; more or less, pass the
Southwest comer of that certain tract of land, called 1.0 acre as excepted in the Deed to Rockin' J.
Corporation of record in Volume 1753, Page 835, of the Official Records of Williamson County, Texas, at
300.36 feet, more or Tess, pass the Northwest comer of the said 1.0 acre tract, for a total distance of 489.31
feet, in all, to an iron pin found on the north line of the said 19.651 acre and 18.651 acre tracts, being the
south line of the said 6.2217 acre tract, for the Northwest comer hereof;
THENCE, S 88° 54' 30" E, 751.16 feet to the Place of BEGINNING and containing 9.21 acres of land.
STATE OF TEXAS
COUNTY OF WILLIAMSON
}
}
KNOW ALL MEN BY THESE PRESENTS:
1, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on
the ground of the property legally described hereon and is correct, and that there are no apparent
discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as
shown on the accompanying plat, and that said property has access to and from a dedicated roadway, to the
best of my knowledge and belief
To certify which, witness my band and seal at Georgetown, Williamson County, Texas, this the
Meir
2.es day of
Don H. Bissell
rofessional Land S r, No. 2218
State of Texas
19475•Id.doc
Stege: Sc
Gnnn11Fµ1 Eu8I,w ,.
Hls 4x94.',noMama,
2000, A.D.
ngitteering, Inc.
Syr Wen
T.Men° aln WO 9112
Faa.. 11171.9419410
Veeptimettt*:
erg-ahc pc 12
FIE AND RECORDED
OFFICIAL PUBLIC RECORDS
n.+ 6. _+
05-17-2000 04:03 PM 2000031344
MABRY $15.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
010L1 is954
2001029443 5 P 9 s
�` eorgetown.Title Company, Inc.
• WARRANTY DEED WITH VENDOR'S LIEN
Date: April 30, 2001
Grantor: PITT BUILDING COMPANY, INC., a Texas corporation
Grantor's Mailing Address: 3580 Rocking J Road, Round Rock, Williamson County, Texas
78664
Grantee: TOM PITT FAMILY INVESTMENTS, L.P., a Texas limited partnership
Grantee's Mailing Address: 3580 Rocking J Road, Round Rock, Williamson County, Texas
78664
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration
and two notes dated April 30, 2001, executed by Grantee and referred to as the first -lien note and
the second -lien note. The first -lien note is payable to the order of FIRST TEXAS BANK, in the
principal amount of SEVEN HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED FIFTY
AND NO/100 DOLLARS ($731,250.00). The first -lien note is secured by the first and superior
vendor's lien against, and superior title to, the Property retained in this deed in favor of FIRST
TEXAS BANK and is also secured by a first -lien deed of trust dated April 30, 2001, from Grantee
to JON E. SLOAN, Trustee. The second -lien note is payable to the order of Grantor in the
principal amount of TWO HUNDRED FORTY-THREE THOUSAND TWO HUNDRED FIFTY
AND NO/100 DOLLARS ($243,250.00). The second -lien note is secured by a second and inferior
vendor's lien against, and superior title to, the Property retained in this deed and is also secured
by a second -lien deed of trust dated April 30, 2001, from Grantee to DAN R. MCNERY, Trustee.
Property (including any improvements):
6.2217 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO,
SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS, AND
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
"A" ATTACHED HERETO AND MADE A PART HEREOF.
Reservations from Conveyance: None.
Exceptions to Conveyance and Warranty: Liens described as part of the Consideration; validly
existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded and validly existing restrictions, reservations, covenants, limitations, conditions, and oil
and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments,
other than conveyances of the surface fee estate, that affect the Property; validly existing rights of
adjoining owners in any walls and fences situated on a common boundary; any discrepancies,
conflicts, or shortages in area or boundary lines; any encroachments or overlapping ofimprovements;
WARRANTY DEED WITH VENDOR'S LIEN -- PAGE 1
all rights, obligations, and other matters arising from and existing by reason of the creation,
establishment, maintenance and operation of any applicable governmental district, agency, authority,
etc., and taxes for 2001, which Grantee assumes and agrees to pay.
Grantor, for the consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold
it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
The vendor's lien against and superior title to the Property are retained until each note
described is fully paid according to its terms, at which time this deed will become absolute.
FIRST TEXAS BANK, at Grantee's request, has paid in cash to Grantor that portion of
the purchase price of the Property that is evidenced by the first -lien note. The first and superior
vendor's lien against and superior title to the Property are retained for the benefit of FIRST
TEXAS BANK and are transferred to FIRST TEXAS BANK without recourse on Grantor to
secure the first -lien note. The second and inferior vendor's lien against and superior title to the
Property are retained for the benefit of Grantor to secure the second -lien note. Grantor agrees that
this second and inferior vendor's lien against and superior title to the Property are and will remain
subordinate and inferior to all liens securing the first -lien note, regardless of the frequency or
manner of renewal, extension, or alteration of any part of the first -lien note or the liens securing
it.
When the context requires, singular nouns and pronouns include the plural.
PITT BUILDING COMPANY, INC.
BY:
WARRANTY DEED WITH VENDOR'S LIEN -- PAGE 2
Diene:7`2/1y R�
Title: ?rel-; e�UT
(ACKNOWLEDGMENT)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknow ged before me on April 341 2001, by /4/i/
, scjA/j"- ofPITTBUILDINGCOMPANY
a Texas corporation, on behalf of said corporation.
auumbet33
!bin• �-
IpU!'I79e Co., Inc.
T.O. Box 835
eased ]tock. Tx 78580-0835
NOTARY PUBLIC - STAT ,: TEXAS
(046)% DONNA SHIREY
Notary wtsaMats ensue
OCTOBER 14, 2001
WARRANTY DEED WITH VENDOR'S LIEN -- PAGE 3
EXHIBIT qt ,t
CRICHTON AND ASSOCIATES
WO SURVEYORS
107 N01lII( lAMPASAS
ROUND ROC1f;TEXAS 76664
512.2143393
FIELD NOTES
FIn3.D NOTES FOR A 62217 ACRES TRACT OUT OF THE WILLIS
DONAHO SURVEY AIiSTRACTN0.173IN WtUAASON COUNTY.
TEXAS Atm BEING Tim SAME TRACT CONVEYED IN VOLUME
1473 PROE 165 OFFICIAL RECORDS OP W1L I MSON COUNTY
TEXAS. SAID TRACT �¢I0 MORE PARTICULARLY DESCRIBED
BY METES AND ROUNDS AS FOLLOWS et
Beginning ata 12' pin found on the Wert line of a tract rveyed to H. IQphen k Volume 296 Pass
523 Dsed Rewtde of Williamson County. Tem alto being the Northeast comer of a 19-65 ace tract conveyed
to Darid lases et. at In Volume 1613 Page 615 Ob dal Records of Williamson County, Tease for the
Southeast comer of this tract and tbs POINT OP BEGINNING.
THENCE 14 sr 5( 46' W with the North line of aid 19.65 ace tact abo bang the South Brie of this
trace passing s 30' nip bang a I.13S nae ttaa Shown a ■ ave and asap tact Co Volume 1613 pegs 613
Official Records of Williamson County, Tars 1103.60 feet to a IIT pin found on the Eat line of a 78.158 ane
tract a n relied to.Fooat Dtlfatd 2 Volume I390 Page 799 Official Recon of Williamson County, Teta also
Axing the Northwest comer of said 1965 sae tract for -the Soedtaeat coma of this tract.
IMP
a"r THENCE NIle 06' 21• W with the Esse line of said 73158 scat tract also being the Was line of 11*
trace 245.76 feet w a IVC pin found for an Interior e0 comaeolsaid 712.158 sae oma sad the Northwest
corner of this tract.
• THENCE S 88' 54'40a E with the South Baa of aid 7315& acre tract alto bang the North Rae of this
alibe,: tract 115299 feet to a Ill' pin found on the West line of said Riphrntray for the Northeast comer of this
tract nod the Southeast corner of said 73.158 sae tract.
:a,.
THENCE S Or 2907 W with the West be of said 1Gphen Text abo being the Eat Hoe of this tract
240.19 feet to the POINT OF BEGINNING and containing 6/217 aces moa or lass.
I hereby certify that the foregoing Rek noteswere prepared from ninny on the ground, u
supervision sad are tree and correct to the bed of ray knowledge and belief.
Witness my hand and seal thb the 28th day of March. 1997.
tECORDERS MEMORANDUM
All or pew of the tat on this page au not
t huly Igible f5r at ay tecordtroona
(23,, et
3o i✓
4
Herman Gimwn, RP.L4. 4046
Herman Crichton, R.P.L3. 4046
FILED AND RECDED
OFFICIAL PUBLIC RECORDS
05-01-200004:16 PM 2001029443
ANDERSON $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11111111111111111111111111111111
14 P65
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
2008083386
EXHIBIT
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do
hereby certify that I am the custodian of the public records maintained by the
City and that the above and foregoing is a true and correct copy of Ordinance
No. A -08-10-23-11B4 which annexes 0.098 acres of land, being East Old
Settlers Boulevard right-of-way immediately west of Rockin' J Road. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23rd day of October 2008 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 28th day of October 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. Ant
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.098 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.098 acres out of the Willis Donaho Survey, Abstract
No. 173, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
0:\NDO%\ORDINMC\081021e4.DOChmc
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
H.
That the City Council has heard the arguments for and
against the annexation and has determined to approve the
annexation.
III.
That the property described in Exhibit "A" attached hereto
and incorporated herein for all purposes, be and is hereby
annexed and brought within the corporate limits of the City of
Round Rock, Williamson County, Texas, and same is hereby made an
integral part hereof.
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of said City and are hereby bound
by all acts, ordinances and all other legal action now in full
force and effect and all those which may be hereafter adopted.
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become
passage.
effective after its
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any
phrase, word, paragraph or provision
application of any other section,
other section, sentence,
of this Ordinance or the
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.
3
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this Z0 day
of 0[e1r , 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
4
ATTEST:
gliA4vt_ etc
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT ROCKIN' 3 - WEST TRACT
DESCRIPTION
BEING a 0.098 -acre tract of land, more or less, being out of and a potion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed
to the City of Round Rock and further described in a Warranty Deed as recorded in
Document No. 2001048967, Official Public Records of Williamson County, said Deed
being attached hereto as Exhibit B, and said tract also being identified on the
accompanying sketch as Subject Tract 2, attached hereto and made a part hereof.
Ate: s &a arpD-]5 m E % 12awid eocka
IU -0173-0030- 0002e
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
0 THE STATE OF TEXAS §
u7
r -
as
C3
40
ri WHEREAS, the purchase of the hereinafter -described premises has been deemed
0 necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
§
COUNTY OF WILLIAMSON §
EXHIBIT
"B„
NBEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 213 ("Project"); and,
N
NOW, THEREFORE, KNOW AIL NEN BY THESE PRESENTS:
That, LUCY GUERRERO, a single woman, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency 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 City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
0.098 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
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
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND MAMMY: Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO BOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
0000safl wro
1
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 City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation. du
I WITNESS WHEREOF, this instrument is executed on this the a n day of
, 2001.
State of Texas
County of Williamson
LffCY
Acknowledgment
This instrument was acknowledged before me on this theSA-
2001 by LUCY CZOERRERO. „� day
Notary Public, Sh to of Texas
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
63
AFTER RECORDING RETURN
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
`CORoERs
'lapub dd�e �Wm,
^° u0n
00005323.wrn 2
•
EXHIBIT
1ut.
FIELD NOTE DESCRIPTION FOR A 0.098 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.436 ACRE
TRACT, CONVEYED TO LUCY GUERRERO IN DOCUMENT NO. 9760377, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of said 5.436 acre tract of
land, the same being the southeast corner of a 38.0 acre tract of land conveyed to Robert
Dillard and recorded in Volume 1390, Page 799, .of the Official Records of Williamson
County, Texas, said point being in the north right-of-way line of County Road No.113,
known locally as lCiphen Road, for the southwest comer and the POINT 01?
BEGINNING of the herein described tract;
THENCE, North 01°17'30" East, a distance of 19.53 feet, with the west line of said
5.436 acre tract and the east line of said 38.0 acre tract, to a calculated point for the
northwest corner of this tract
THENCE, departing the west line of said 5.436 acre tract, the east line of said 38.0 acre
tract, South 88'37'12" East, a distance of 224.97 feet, crossing said 5.436 acre tract, to a
calculated point in the east line of said 5.436 acre tract and the west line of a 1.138 acre
tract dedicated for use as a public road in Volume 1473, Page 113, of the Official
Records of Williamson County, Texas, for the northeast corner of this tract;
THENCE, South 01°29'24'= West, a distance of 18.53 feet, with the east line of said
5.436 acre tract and the west line of said 1.138 acre tract, to an iron rod found at the
southeast corner of said 5.436 acre tract and the southwest corner of said 1.138 acre tract,
said point being in the north right-of-way line of County Road No. 113, for the southeast
corner of this tract;
THENCE, North 8r52'28" West, a distance of 224.91 feet, with the north rigbt-of-way
line of said County Road No. 113, the south line of said 5.436 acre tract, to the POINT
OF BEGINNING.
Containing 0.098 acres of land, more or less.
ondcgY.f S Z/2//0{
Randall S. Jones Date
Registered Professional nd Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying.Inc.
roto Re., Are Lee t ens
RECORDERS MEMORANDUM
All or part of the text on this page was not
cleariy legible for satisfactory recordation.
N
5
g
PUEJC ROAD
1473/113
W.C.O.R.
DEED LINE
RECORDERS MEMORANDUM
dearly lr#bk for iuidaaory recordation
prtrici
00 1
-1 ai
SKETCH TO ACCOMPANY FIELD NOTES:
FILED At REM
OFFICIAL PUBLIC RECORDS
07-09-�01:30 PM 2001048969
ANDSONNANCY E. RISTF? S1[UNTY CLERK
WILLIAMSON COUNTY, TEXAS
,0Ias•..
Ordinance No. A-08-10-23-1184
Annexing 0.098 acres, being East Old Settlers Boulevard right-of-way immediately west
of Rockin' J Road.
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 2008083386
11/05/2008 10:31 AM
CMCNEELY $88.00
NANCY E. RISTER, COUNTY CLERK
UILLIAMSON COUNTY, TEXAS
11111111111111111111111111 20GPGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
2@@8@83385
EXHIBIT
„H„
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do
hereby certify that I am the custodian of the public records maintained by the
City and that the above and foregoing is a true and correct copy of Ordinance
No. A -08-10-23-11B5 which annexes 0.545 acres of land, being East Old
Settlers Boulevard right-of-way immediately east of Rockin' J Road. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23rd day of October 2008 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 28th day of October 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. ti -o -ID -Z3- [1 &S
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.545 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.545 acres out of the Willis Donaho Survey, Abstract
No. 173, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
O:\6W%\ORDIN is\OB102365.DOC/,mc
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
H.
That the City Council has heard the arguments for and
against the annexation and has determined to approve the
annexation.
In.
That the property described in Exhibit "A" attached hereto
and incorporated herein for all purposes, be and is hereby
annexed and brought within the corporate limits of the City of
Round Rock, Williamson County, Texas, and same is hereby made an
integral part hereof.
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of
by all acts, ordinances and all
force and effect and all those
That the official map
heretofore adopted and amended
said City and are hereby bound
other legal action now in full
which may be hereafter adopted.
V.
and boundaries of the City,
be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
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.
3
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting -was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 231.4
Y
of �� 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
4
ATTEST:
I1')/}0 P0'
SARA L. WHITE, City Secretary
"Ivis
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT ROCKIN' J - EAST TRACT
DESCRIPTION
BEING a 0.545 -acre tract of land, more or less, being out of and a potion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed
to the City of Round Rock and further described in Warranty Deeds as recorded in
Document No. 2001073576 and 2002011743, Official Public Records of Williamson
County, said Deeds being attached hereto as Exhibits B and C, respectively, and
said tract also being identified on the accompanying sketch as Subject Tract 1,
attached hereto and made a part hereof.
N
THE STATE OF TEXAS 3
a
COUNTY OF WILLIAMSON 5
CO
` 0115/SPAY a/708/- U
SPECIAL WARRANTY DEED
County Road 113 Right-of-way
N
..( wnganAs, the purchase of the hereinafter -described premises has been deemed
nev necessary, essary rr convenient for the construction, expansion, enlargement,
O improvement, or operation of the Project;
a_3
1 EXHIBIT
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
C`J
NOW, THEREFORE, KNOW ALL NEN BY THESE PRESENTS:
That, ALAN L. STAUB and wife, JULIE A. STAUB, hereinafter referred to
as Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency 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 City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
TRACT I:
BEING 0.002 acres, more or less, out of the WILLIS
DONAHO SURVEY, ABSTRACT NO. 173, Williamson County,
Texas, and being more particularly described in Exhibit
"A", attached hereto and incorporated herein.
TRACT II:
BEING 0.382 acres, more or less, out of the WILLIS
DOMAHO SURVEY, ABSTRACT NO. 173, Williamson County,
Texas, and being more particularly described in
Exhibit "B", attached hereto and incorporated herein.
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
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
rights-of-way, and prescriptive rights, whether of record or not; allasementspresently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
"ouaowcoovruwai ixo,mrtmecc ,aru
i.
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, 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 City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the
Se rfm9eil, 2001. day of
ALAN L. TAUS
1
Cia
JULIEEP STAUBSib--
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the -g2L
of Shp r P, m ilEg_ , 2001 by ALAN L. STAUB and wife, JULIE A. STAUB.
PATTERSON
AS
r coPA ojEXPIRES
Ftiiaryl,2001
WOILLOOVCORIVIIIANILt113CONDS7AU3N0010712
47/.
Notary Public, State of Texas
2.
PREPARED IN TEE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
p 101 E. Settlers Blvd.
/ Suite 100
JRound Rock, Texas 78664
MMWWMOIMMOKW UMMYsTAmwMNi1
3.
•
Ev1:bc4 "A"
FIELD NOTE DESCRIPTION; A 0.002 ACRE TRACT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WII.LIAMSON COUNTY,
TEXAS AND RENO OUT OF AND A PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO.173, AND BEING A PART OF THAT CERTAIN 3.0 ACRE TRACT
DESCRIBED AS TRACT 1, AND "CONVEYED TO lHEOD[ZRB C'r'Atm IPI
DOCUMENT NO. 9629245, OF TEM DEED RECORDS OF WIIIIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESC DIED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a calculated point at the southwest caner of said 3.0 acre tract, the
awe being a pant in the north line of that pertain tract said to contain 0.65 acre,
described u Tract II, conveyed to Theodore Staub In said Document No. 9629245, same
being the southeast comer of that certain tract ofland conveyed to 'Cochin' J Corporation,
and recorded in Volume 1753, Page 835, of the Official Records of W%Mamma County,
Taus, for the southwest corner and POINT OF BEGINNING of the heroin described
THENCE North 00'22'22" East, with the west line of said Tract I, the east fine of said
Rocidn' J Corporation tract, a distance of 6.26 fed to a calculated point in the aro of a
crave;
THENCE along the arc of said own to the right a dLgoee of 39.09 feet, having a radius
of 1050.00 flet, a °antral angle of02'07'S8 , a ehad which bears South 79'38'17"East,
a chord distance of 39.08 feet to a calculated point in the south line of said Tract 1, the
north line of said Trac II;
THENCE North 18'51'18" Wast, with the north line of said Tract II, the south line of
said Tract I, a disteoce of 38.49 feet, to the POEHT OF BEGINNING.
Containtog 0.002 acre of land more or less.
Randall S. Jones
Registered
State ofTaw
R( Surveying Inc.
1212 E. Baker Lane
Austin, Tau 71753
01,44- 2/ 2I/6/
Date
Surveyor No. 4391
Sea aaditekda AMrildocf,Smb It
Ia14kavy 21,1001
SKETCH TO ACCOMPANY FIELD NOTES:
11
Z
0
1
cr
Ext.; 64 " 8'
;oc€k0
FIELD NOTE DESCRIPTION: A 0.381 ACRE TRACT
BEING A TRACT OR PARCEL OP LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND ING OUT OF AND A T OP MB WILLIS DONA/10 SURVEY;
ABSTRACT NEO. 173, AND BEING APART OP TEAT CERTAIN 0.65 ACRE
TRACT, DflaJ1BD AS TRACT 1, AND CONVEYED TO THEODORE 3TATTR 1pj
DOCUMENT NO. 9629245, OF THE OFFICIAL RECORDS OP WITLIAMSON
COUNTY, TEXAS, AND BE/NO MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING atm iron rod found in the oath tight -of -way ofCounty Road 113, knows
locally as lOphen Road, for the southeast comer of said 0.65 tae tract, same being the
southwest carnes of that certain tract of land rammed to MTV Investments Limned in
Document No. 9608169, of the Official Records of Williamson County, Teems for the
southeast army and POINT OF BEGINNING tithe herein' dwatbed tract
THENCE Nath 63'22'01^ West, with the north line of said Canty Road 113, the south
line of said 0.65 sae tract, a dirtance of 383.31 feat to a calculated point in the south line
of that certain tract of land conveyed to Rorke' J Cosporadon, in Volume 1753, Page
835, of the Deed Records of Williamson County, Teems, Por the wart comer of sad 0.65
nae tact, and for the northwest comer oftlw tract;
THENCE departing the north lime of said County Road 113, South 88"sl'ir Ess, with
the north line Maid 0.65 nae tract the south line &said Rodda' J Caporedom tract, a
distance of 1821 fed passing the southeast corer of said Roolia' 7 Corpoation tract,
same being the southwest Dana of that certain tract of land said to contain 3.00 saes,
dumbed u Tna 1, and conveyed to Theodore Staub in said Document No. 9629245,
osmium with the south line of said Tial I, the north line & said Tract 13, in a0 a total
distance of 56.73 feet to a alcuhrted point in the etc ofa carve, for the northeast corner
of this tract;
THENCE along said cute to the right a dstanoe of 305.18 tee, having a radius of
1050.00 fee, a central angle of 16•39'11”, a chord which bees Sarah 7094'43^ Ear
chord distance of304.11 feet to a calculated point in the art line of said 0.65 nae Ulla,
the wort line of said MTV Investments limited tract, torthe northeast comer of this tract;
THENCE South 00'14'46" Wes, with the west line of said MTV Inve [menu tract, the
east line ofsaid 0.65 sere tract, a distance of67.91 Led to the POINT OF BEGINNING.
Containing 0382 saes Wind more oriels.
QcallSlJ s 2/2lol
Randall S. Jaw Dau
Registered Land Surveyor No. 4391
State of Tease
RJ Surveying Inc.
1212E. Braker Lane
Austin, Taw 78753
Maud Aliens R2l65tt atuab aadoc
Pavia* Pelle ry 21.2001
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FILED AND NEGOR➢ED
OFFICIAL PUBLIC RECORDS
10-04-20002:01 PM 2001073576
J�ACCKIE $23.00
NANCY
g�IAMSONC)ENUNNTTYY. TEXAS
•
02 At At a.110'11 P a ekeeauteiFax-
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
a • THE STATE OF TEXAS $
i7 COUNTY OF WILLIAMSON $
z(/sp
D" N1 WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such
other property rights deemed necessary or convenient for the construction,
1i expansion, enlargement, extension, improvement, or operation of a portion of
O the proposed County Road 113 ("Project"); and,
(V WHEREAS, the purchase of the hereinafter -described premises has been deemed
O necessary or convenient for the construction, expansion, enlargement,
O extension, improvement, or operation of the Project;
ckl
NOW, THEREFORE, KNOW ALL NEN BY THESE PRESENTS:
That, THE PARRISH GANG, LTD., hereinafter referred to as Grantors,
whether one or more, for and in consideration of the sum of Ten Dollars ($
10.00) and other good and valuable consideration to Grantors in hand paid by
the City of Round Rock, Texas, receipt and sufficiency 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 City of Round Rock, Texas all those certain tracts or parels of land
lying and being situated in the County of Williamson, State of. Texas, being
more particularly described as follows:
0.161 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
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
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY; Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners A any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
CORWTRANSPRTR:RIUCOW►ARWSA/SWDEMEWW 17K1
1
* lEC 21 2001 1155 FR 111e, ..t11NIS1raiTICH 214 978 1440 70 915126519252 P.04/03
FIEL/NOTR OtSCR/PTIONt A till
BEM A TRACT OR PARCEL O9 LAND MATED IN WWAMS021 COUNTY,
MAR AND BRINO OUT OF AND A PART OF Tia W LY DONAAO SURVEY.
*DETRACT )40. I73, AND MONO A PART OF THAT CERTAIN 19.651 ACRE
TRACT, CONVEYED 7O ROOM' 3 CORTORTATION Bf VOLUIS 1753, PACE
133 OF THE DEED RECORDS OF WILLIAMSON COMM TEXAS AND BEING
MORE PARTICOLARLYDBSORWD DY MEM AND SOUNDS AS iOLLOW3:
SSCENN1140 ata alcvlrld plod by di. aultad, mqa weedy Lair ofadd.19351
acre trun. same biting gobs la the ch Nu of
undo flat 011Witi Sabi u
Tae dead la Theodore 9uub Is Domed Na 9639245 dLLr 01Edal Record.
of Winks= Ina of
led duabed esTractIT, dad Theodore Staub la aid Donal Neem so befog tha scolhesset cons of is go, a9 39243,
Tar the aotdMw tomer and POINT OP SSGEO/DeO olds herek dsurlbd Sect;
T71124Ct Noah W3I'I1• Wen, wits the Leah he of aid 19.651 sae tract, the north
line amid nut 11, s lana of 17.74 ba, maks t e aolbsen corny timid Vitt 11,•
ea Ria pont la the son right -;(way IS of Carty Rod 113, bon belly u
R
Phe• Noise 1,116 IM MO d6Mobosy sae of said County Road 1 t3, is W a
ental &asasts of 437.17 Woo m kin rd buss. 6r the moth -sat comer .d • Mk
Road, t*ardad la Volum 1473, icor 113, of its Deed Reutde of Williamson
Tam, Ltd Sot Ills studa.'rt;Grano/ thls inti; may'
TN[1VCt Notth 00'52'40" Tns, wick Ike earl Iina of and l4bik Rad, c d(n cs of
17.06 Ent, b s akadtd poise, ke the aotthwea cents Nit Inc*,
77IE1$C6 departing W no Una of sad Pak Road, armies said 19.651 an ince the
tb kw(tq awe R1 toWtsr
I. Studs 6677.12^ Baa, a aa.aw of202.62 rut, o a ahwWed pact a lbw Mlianiaa
ata am to w des;
2. Aloof yw ofadd naw so ns dais a Ammo of 143.0S last amiss . adiuM
1030.00 m., a al asp- of 0774Yr. • chard with ban Snub 1e49VP
San, a dont asap of NM AS m • alodatd pend is ihs un Sae of rid
IP.63I act track the wed las aced Tract T, be UM swdtust cons ofa an tract
MIMS Soul 007212" Wet, whit tM woe S. of maid That 1,6a are in of rid
16.6sa awe -rut• • disaaa said 1.n n the roan. Os SSGOVNINO.
COWaisias 0.161 sou onus/ toot; a kw
Rl S. Jogs�K Das 7r
aode
Registered Lead Surveyor No. 4391
nue orisons
R7 Surveying lea
1217 E. Bdarjds
Ausda, Team 7x733
RECORDERS MEMORANDUM
All orparts ofthe test on ibis page wu not
deafly kgble for satisfactory re0ndation.
saca.eAywM
R+Hat Fanny 21, 2001 �'r�
.. 7olnl PH(E.03 r»
•
4
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the 29 'day of
, 2002.
THE PARRISH GANG, LTD.
By:
Printed 'DAN -Ntlaasa
Title: G.Q„au,k emA4+t,
Acknowledgment
Name:
State of Texas
County of W. 11rn„iouil fl)LAR
This instrument was acknowledged before mei�e°n this the Mo , day
of TA,:,�IM/44 , 2002 by 3/1/../W. _AtAASH
of THE PARRISH GANG, LTD., on behal€ of said limited partnership.
Q/tlLv�a.
Notary Public, State Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
1 Austin Title Company
�J 101 E. Settlers Blvd.
Suite 100
Round Rock Texas'T8664-
FRE[ ANDD BORED
OFFICIAL PUBLIC RECORDS
nitairm
02-12-20012:28 PM 2002011743
ANDERSON $13.00
NANCY E. RIMER 'COUNTY CLERK
WILLIAMSON COUNTY. TEXAS
coxwraAnsnrrmnuconn.wuwawuemnoonai 2
...IN
Ordinance No. A -08-10-23-11B5
Annexing 0.545 acres, being East Old Settlers Boulevard right-of-way immediately east
of Rockin' J Road.
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 2008083385
E.��.
11/05/2008 10:31 AM
CMCNEELY $92.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
DEDICATION FOR ROAD
STATE OF TEXAS
COUNTY OF WILLIAMSON 1 KNOW ALL MEN BY THESE PRESENTS:
1
THAT ROCK'NJ RANCH, INC.,a Texas corporation, of the County of
Williamson and State of Texas, acting by ad through Its duly authorized officer,
end being the present owner of the hereinafter described real property In Williamson
County, Texas, has DEDICATED, and by these presents does DEDICATE to the
public forever, for use as a public road, subject to the hereinafter exceptions and
encumbrances, the following described real property in Williamson County, Texas,
to -wit:
THAT certain tract of land containing 1.138 acres of land, more or less,
being out of the Willis Donaho Survey, Abstract No. 173, in Williamson
County, Texas, and being more particularly described as Tract E In
EXHIBrT "A" which Is attached hereto and made a part hereof for all
purposes.
,u 1473=:.:113
2064
THIS Dedication for Road is made and accepted SUBJECT TO the following:
ROCK'N J RANCH, INC. hereby reserves for itself, Its successors and
assigns unlimited access to this roadway from the property currently owned
by It on both the east and west sides of the said roadway; SUBJECT TO
all easements and rights of way, now in effect, whether apparent on the
ground or of record in the Office of the County Clerk of Williamson County,
Texas which affect said property; SUBJECT TO any restrictions and
In the Office of thvenants now in e County any,
kaof Williamson property
County. Tand
asof record
; SUBJECT
TO any outstanding mineral interests or reservations affecting said property
and of record in the Office of the County Clerk of Williamson County, Texas;
SUBJECT TO any governmental zoning ordinances and regulations affecting
said property presently; and SUBJECT TO property taxes for the year
1987 and subsequent years and to any assessments for prior years due to
change in land usage or ownership.
EXECUTED this?
�'� day of JANUARY, A.D. 1987.
ROCK'NYNCH, IN
BY
STATE OF TEXAS
COUNTY OF.WILLIMISON
DAVID E. JONES" is President
THIS instrument was acknowledged before me on j / I ;� I Itra
DAVID E. JONES, President of ROCK'N J RANCH, INC., a Texasy'�u�ym---- by
; _i4halt of said corporation.rporation,
otar "u• c, tate o xa
My Comm' sionexpires on cats
stamp name of notary .
Off ICIAI &ECOKO)
w{AJAMaOS SOUNCt Iaswa
44
EXHIBIT
•
voi 1473 114
EXHIBIT "A'
TRACT E - 1.138 ACRES
BEING PART OF THE WILLIS DONAHO SURVEY, ABSTRACT -140. 173, IN
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 70.16
ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO DAVID E. JONES RECORDED
1N VOLUME 861, PAGE 345 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID
TRACT OF LAND AS SURVEYED BY RALPH HARRIS SURVEYOR, P.C. BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2" rebar found In the north R.O.W. line
County Road No. 113 at the southwest corner of sold Jones 70.16 acre
tract of land as recorded In Volume 861, Page 345 of the Williamson
County Deed Records, sold point being also the southeast corner of
that certain 38.00 acre tract of land described In Volume 1305, Page
522 of the Williamson County Deed Records.
THENCE, with the north R.O.W. line. of County Road No. 113, $ 88 55'
42" E 225.00 feet to a 1/2" rebar set for the southwest corner and
PLACE OF •BEGINNING hereof
THENCE, N 01 071 36"E 991.27 feet to a 1/2' rebar set for the
northwest corner hereof
THENCE, S 88 541 46" E 50.00 feet to a 1/2" rebar set for the
northeast corner.hereof
THENCE, $ Of 071 36" W 991.26 feet to a 1/2" rebar set In the north
R.D.W. line of County Roed No. 113 for the southeast corner hereof
THENCE, with the north R.O.W. line of County Roed No. 113, N 88 551
42" W 50.00 .feet to the PLACE OF BEGINNING and containing 1.138 acres
of land, more or less.
AS SURVEYED 8Y:
RALPH
,MHARRIS SURVEYOR, P.C.
JAMES M. GRAN7'V
REG. PUB. SUR. 11919
1406 Nether
Austin, TX 78704
December 17, 1986
EA19:14076.005
t.- 7:
cao h0
STATE OF TFYAS COWRY Of
1 WRLIMISON
that the de e lime Inhuman �
by me; mrd ems duy RECORDED. a the Yelusa
CC°mdynd xTea n pea et Ihe turned RECORDS by mUnison
JAN.1144 : 1181
MOLL YEtER rra
TEXAS
Exhibit A Sketch
SERVICE PLAN
EXHIBIT
"B"
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 30.02
ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD
SETTLERS AT ROCKIN' J ROAD 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 a mix of residential and commercial uses; there appear to be a few single-family
residences, and the commercial enterprises range from a nursery/greenhouse to office and light
warehousing. The Property is surrounded by standard single-family residential developments to
the west, north and east; a large, undeveloped and unplatted tract lies to the south.
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.
1
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of ambulance service which is provided by Williamson
County EMS. 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) First Responder Emergency Medical Services — To be provided immediately
upon annexation by the City of Round Rock Fire Department;
(4) Ambulance services —Provided by Williamson County EMS
(5) Solid waste collection - Within its corporate boundaries, the City contracts with
Round Rock Refuse for residential collection only; therefore, for residential
properties this service will be provided immediately upon annexation whereas
any commercial ventures may continue to contract individually for solid waste
collection service;
(6) Operation and maintenance of water and wastewater facilities — Water and
wastewater service to be provided immediately upon annexation for those
properties abutting East Old Settlers Boulevard; existing water and wastewater
facilities are shown on Exhibit "B;" additional water and wastewater facilities
will be required to serve the interior of the tract, an estimate of which is
attached as Exhibit "C" and provided by the City within statutory deadlines;
additional services and connections will be available in accordance with the
requirements of the City of Round Rock Subdivision and Utility Ordinances;
Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation, that portion of Rockin' J Road
incorporated into the City will be maintained; any City acceptance of dedicated
and improved rights-of-way in the future would be per the Subdivision
Ordinance or additional annexation;
(7)
(8) 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;
(9)
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;
2
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
capital improvements necessary for providing municipal services adequate to serve the
area.
The City does not have all capital improvements in place which are necessary for
providing municipal services adequate to serve the Property. 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.
Capital improvements are necessary to provide services to the Property. The City will
not require landowners of the Property to fund capital improvements for this service
under the current use(s) of the Property. However, if and when the Property is
developed, platted, or the current use(s) 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
3
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.
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 43.0560) establishes that a service plan is valid for 10 years and may be renewed
at the discretion of the City. Section 43.0560) 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
4
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
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 which is primarily agricultural, and similar population density which
is in accord with uninhabited undeveloped land.
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 B
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8G8. Consider the landowner's petition to include the property under consideration
for annexation in the City's Municipal Annexation Plan and/or consider an
ordinance authorizing the unilateral annexation of 30.02 acres located
immediately north of East Old Settlers Boulevard between Bluffstone Drive on
the west and Settlers Park Loop on the east, northward to the boundary of
Settlers Overlook Section 2. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
East Old Settlers Boulevard is part of Round Rock's Master Transportation Plan and it functions as a
major east -west arterial through the City. It also serves as a primary gateway to the City's regional park.
Annexing this Tract, which abuts East Old Settlers Boulevard on the north along both sides and including
Rockin' J Road, will help provide consistent police and fire protection along the roadway, and allow land
use control over properties abutting this significant corridor.
Funding:
Cost:
Source of funds:
$187,346
Self -financed utility construction
Outside Resources: N/A
Background Information:
Parcels comprising this Tract have not been platted. Developed properties are currently served by water
wells and septic systems. Strips along the Boulevard were acquired from each parcel for a recent road -
widening and wastewater line installation project.
Although water and wastewater lines exist in East Old Settlers Boulevard, the City has determined not
every parcel is currently served by municipal utilities for unilateral annexation purposes. The cost to
extend water and wastewater lines in Rockin' J Road, which includes installation of fire hydrants, is
estimated at approximately $187,000. Extension of these lines would provide available services for each
of the parcels within the tract. Responsibility for actually tapping the water and wastewater lines and
connecting to municipal service is the responsibility of the individual property owner at such time the
owner wishes to connect or further develop the property. This expense has been determined to be
customary and reasonable.
- CONTINUED ON NEXT PAGE -
Upon annexation, the City will provide the usual compliment of municipal services. The water and
wastewater lines will be extended by the city north along Rockin' 1 Road within 2'A years of the effective
date of annexation. The service plan complies with the requirements of the Texas Local Government
Code.
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
11
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
III
1111111
111
11
11111111111111
M111 75 PGS
2009035269
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 -09-05-14-8G8 which annexes 30.02
acres located immediately north of East Old Settlers Boulevard between Bluffstone Drive on
the west and Settlers Park Loop on the east, northward to the boundary of Settlers Overlook
Section 2. This ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 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.
SARA L. WHITE, City Secretary
ORDINANCE NO.Dfi' O'� 4 -P4 )
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 30.02 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 30.02 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\SCC1nSs\0113\0905\MUNICIPAL\090519G13. OOC/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
dispensed with.
READ, PASSED,
of �� l
Alternative( 2.
READ and APPROVED on first reading this the day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
was
and ADOPTED on first reading this day
, 2009.
day of
ATTEST:
, 2009.
SARA L. WHITE, City Secretary
(/e )(1,1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
4
EXHIBIT
„A„
0
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD
AT ROCKIN' J ROAD TRACT
DESCRIPTION
BEING a 30.02 -acre tract of land, more or less, being out of and a portion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, and further
described in Deeds recorded in Document Number 9760377, Official Records of
Williamson County, (ORWC), and in Document Numbers 199968491, 2001026669,
2000031344, and 2001029443, Official Public Records of Williamson County
(OPRWC), said Deeds being attached hereto as Exhibits B, C, D, E, and F
respectively,
SAVE AND EXCEPT from said deed descriptions approximately 0.098 acres
previously conveyed to the City of Round Rock as right-of-way in Document
Number 2001048967, OPRWC, and annexed in Ordinance Number A-08-10-23-
1184, and 0.545 acres previously conveyed to the City of Round Rock as right-of-
way in Document Numbers 2001073576 and 2002011743, OPRWC, and annexed in
Ordinance Number A -08-10-23-11B5, said Ordinances recorded in Document
Numbers 2008083386 and 2008083385, respectively, and attached hereto as
Exhibits G and H, respectively;
SAID 30.02 -acre tract also includes the entirety of Rockin' J right-of-way, a 50 -feet
wide roadway as dedicated to the public and described in Volume 1473 Page 113,
ORWC, attached hereto as Exhibit I;
SAID 30.02 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
Date:
DOC# 9760377
WARRANTY DEED
(Wiilliamson County, Texas)
DECEMBER 31, 1997
Grantor: ROCKIN' J CORPORATION
/b3U�(rC
L
Grantee: LUCY GUERRERO
Address: One Fairview Drive
Round Rock, Texas 78664
Consideration: TEN DOLLARS and other good and valuable consideration in
hand paid to Grantor, the sufficiency of which is acknowledged, and the
execution and delivery by Grantee of Grantee's one certain promissory
note of even date herewith in the principal sum of EIGHTY-EIGHT THOUSAND
AND NO/100 DOLLARS ($88,000.00) payable to BANK ONE, TEXAS, N. A.,
payable and bearing interest as therein provided, and containing the
usual clauses for acceleration of maturity and attorney's fees, the
payment of which note is secured by the vendor's lien herein retained,
and is additionally secured by a Deed of Trust of even date herewith to
ROBERT F. NELSON, Trustee.
Property (including any improvements) :
5.436 acres of land, more or less, out of the WILLIS DONAHO, JR.
SURVEY, Abstract No. 173, in Williamson County, Texas, and being
more fully described in Exhibit "A" attached hereto.
Reservations from and Exceptions to Conveyance and Warranty :
This conveyance is made, delivered and accepted subject to the
following restrictions which shall be covenants running with the land.
1. No mobile home, pre -fabricated home or trailer home shall be
permitted upon the Property.
2. Only site built structures shall be permitted on the Property, no
existing structures shall be moved onto the Property.
3. No church building shall be permitted upon the Property.
4. The Property shall not be used as junkyard or salvage yard.
5. There shall be no objectionable noises or smells coming from the
Property.
Additionally, this conveyance is made, delivered and accepted
subject to the payment of ad valorem taxes assessed against the
property conveyed for the current year, all restrictions,
covenants, any outstanding royalty and mineral reservations,
conditions and easements of record affecting said property, and any
and all zoning laws, regulations and ordinances of municipal and/or
other governmental authorities affecting said property.
Warranty Deed
ROCKIN' J\GUERRERO \12\gt6860
r
OFFICIAL RECOIDS
WIWAIMONCOLIIRTEXAS
EXHIBIT
t\ p it
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants,
sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise
belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to WARRANT AND FOREVER
DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, administrators, successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
It is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above described premises,
is retained against the above described property, premises and improvements until the above described note and all interest
thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute.
BANK ONE, TEXAS, N. A., at the instance and request of the Grantee herein, having advanced and paid in cash to
the Grantor herein that portion of the purchase price of the herein described property as is evidenced by the hereinbefore
described $88,000.00 note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the
benefit of said BANK ONE, TEXAS, N. A., and the same are hereby TRANSFERRED AND ASSIGNED to said BANK
ONE, TEXAS, N. A..
When the context requires, singular nouns and pronouns include the plural.
ROCKIN' J CORP., ION
STATE OF TEXAS
COUNTY OF WILLIAMSON
B
D.vid Jones
Its:
w
esident
This instrument was acknowledged before me on DECEMBER 31, 1997 by
r1^lviA R ,Tnnps. Prpsiriant , of ROCKIN' J
CORPORATION, a Texas corporation, on behalf of said corporation.
112grae60.wd
Warranty Deed
ROCKIM' J\GUERRERO \12\gt6860
otary Public, State of Texas
Page 2
EXHIBIT A
METES AND BOUNDS DESCRIPTION
Page 1 of 2
BEING 5.436 ACRES OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT
N0.173 WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF THAT 18.651
ACRE TRACT OF LAND CONVEYED TO ROCK/N' J CORPORATION IN VOLUME 1753,
PAGE 835 OF THE WILLIAMSON COUNTY OFFICIAL RECORDS, SAID 5.436 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar found in the north r.o.w. line of County
Road 113 at the southeast corner of said 5.436 acre tract of land,
being also the southwest corner of a 1.138 acre tract dedicated for
use as a public road in Volume 1473, Page 113 of the Williamson
County Official Records, for the southeast corner and PLACE OF
BEGINNING hereof;
THENCE with the north r.o.w. line of County Road No. 113 (r.o.w.
varies), being also the south line of said Rockin' J
Corporation tract of land, N 88° 56' 13" W 224.93 feet to a 1/2"
rebar found at the southwest corner of said 18.651 acre tract of
land, being also the southeast corner of that certain 38.0 acre tract
of land conveyed to Robert Dillard in Volume 1390, Page 799 of the
Williamson County Official Records, for the southwest corner hereof;
THENCE with the common line between said Rockin' J Corporation tract
of land and said Dillard tract of land, the following two (2)
courses:
N 01° 07' 35" E at a distance of 10.02 feet passing a 1/2"
rebar found and continuing for a total distance of 634.94
feet to a 1/2" rebar found for an angle point hereof;
N 11° 06' 35" W 364.82 feet to a 1/2" rebar found at the
northwest corner of said 5.436 acre tract of land, being
also the southwest corner of that certain 6.2217 acre tract
of land conveyed to Robco Landscaping, Inc. in Document No.
9715268 of the Williamson County Official Records, for the
northwest corner hereof;
THENCE with the common line between said Rockin' J Corporation and
said Robco Landscaping, Inc. tracts of land, S 88° 53' 13" E 302.25
feet to a 1/2" rebar found at the northeast corner of said 5.436 acre
tract of land, being also the northwest corner of said Public Road
dedicated in Volume 1473, Page 113, for the northeast corner hereof;
THENCE with the common line
said Public Road, S O1° 07'
991.29 feet to the PLACE OF
land, more or less.
NOTE: See plat prepared
description.
AS SURVEYED.BY:
RALPH HARRIS SURVEYOR INC.
1406 HETHER
AUSTIN, TEXAS 78704
G
.P.L.S. NO. 1919
DECEMBER 24, 1997
341:28906
•ail "op am umoxa
Page 2 of 2
between said 5.436 acre tract of land and
36" W (bearing basis for this survey)
BEGINNING and containing 5.436 acres of
to accompany this metes and bounds
(72.f. ,TF
SgF'.7.
:
JAMES M. GR;
(14 1919
• OpESS`.
........
61-)6363(0bL D
-/ tr C &,-r
Doc# 9760377
N Pages: 4
Date : 12-31-1997
Time : 03:55:49 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE DIZZELL
COUNTY CLERK
Rec. $ 15.00
Gi
LL
0'
CO
s0
• ..% boas✓
EXHIBIT
Re -Record to Add Exhibit "A"
WARRANTY DEED WITH VENDOR'S LIEN
Date: August 27, 1999
Grantor: ROCKIN' J CORPORATION, a Texas corporation
G ntor's Mailing Address (int uding county): 36n c l� /2. t 1C6cc,,d Pcc E
72161, ? LIl.cY
Grantee: THE PARRISH GANG, LTD
G ntee's Mailing Address (including county):
litera�rrw�o 7)r-, 7 f.a(cc, t Le
Consid eration: TEN AND NO/100 DOL LARS and other good and valuable consideration and the
further consideration of a note dated August 27, 1999, that is m the principal amount of ONE
HUNDRED SEVENTY-SIX THOUSAND AND NO/100 DOLLARS ($176,000 00) and is executed
by Grantee, payable to the order of COAMERICA BANK - TEXAS The note is secured by a
vendor's lien retained in favor of COAMERICA BANK - TEXAS in this deed and by a deed of trust
dated August 27, 1999, from Grantee to GARY W ORR, Trustee
Property (including any improvements):
5 0 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO 173 IN WILLIAMSON COUNTY, TEXAS, AND
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
"A" ATTACHED HERETO AND MADE A PART HEREOF
Reservations From and Exceptions to Conveyance and Warranty:
Any easements and prescriptive rights shown of record, all presently recorded
restrictions, reservations, covenants, limitations, conditions, and oil and gas leases,
mineral severances, and other instruments, other than liens and conveyances, that
affect the property, rights of adjoining owners m any walls and fences situated on a
common boundary, any discrepancies, conflicts, or shortages in area or boundary
lines, any encroachments, or overlapping improvements, all rights, obligations and
other matters emanating from and existing by reason of the creation, establishment,
maintenance and operation of any applicable governmental district, agency,
authority, etc , and taxes for 1999 and all subsequent years, the payment of which
Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged, and subject to the
reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the nghts and appurtenances thereto in any wise
WARRANTY DEED WITH VENDOR'S LIEN - PAGE 1
UtUt I WIN 1111_t 1134V I 1- k19
BENATG 5.00 acres %Eland. situated in the Web. Donahe Survey, Abstract No. 173, ni Williamson
County, Tani, being a portion of that certain tract of land, called 18.651 acres, er conveyed to
Rockhs' 7 Corporation by dead u recorded in Volume 1753, Page 835, of the Official Records o:
Williamson County, Texan Surveyed on the ground in the month of Auyua, 1 PPP, under the
suparvisiori of Don 13 13)ad1, Registered Professional Lend Surveyor, and being mere
pertiealarly described as follows;
Efft3INNINO at an inns pin found marking the most southerly Southeast corner of the above -
referenced 18.651 acre tract. bang the Southwest canner of e.nain Tract 1, caned 3.0 ,ores, as
conveyed to Theodore Joel Staub, 73arbara Staub, and Alan Staub, try deed recorded es Document
No. 9629245 of the Official Records of Williamson County, Texas, being on the north lase of that
curtain Tract II, celled 0.65 of an acre, u conveyed to Theodore Joel Staub, /Isobars Staub, and
Alan Staub, by deed recorded as Document No 9629245 of the Offieiil Record, of Wifbumon
County, Texas, for the 9outhet t comer hereoG
THENCE, along the south lite of the stud 18.651 doe tract, N 81. 55' 30" W, at 18.24 feet,
more or less, pass the most westerly corner of the said Staub Tract Il, and continuing along 11*
north line of County Road No. 113, Ibr a total distance of 436,86 fleet to an iron phi set at the
intersection of the said north line of County Road No 113 end the east line of Rock#n' I eland,
being the Southeast teener of that traa4 called 1.138 acres. as Dedicated to the PabEG for urn as s
Public Road, of record in Volume 1473, Psis 113, of the Official Records of Wllgamson Cottrsty,
Tena, for the Southwest conw hereof,
THENCE, along the .aid east lino of Rodd,' 1 Road, behug the east litre 4f the weld l 138 acre
tract, and a westerly line of the said 11.651 ante tract. N 1s 04' 30" E. 501.41 hot to L1 iron pin
found for the Northwest corms her.e
TEEMS, 9 8r 57; 30" E, 431,46 feet to an iron pin found lir the Northeast corner hereof,
THENCE. 5 0' 18' 30" W, 99,12 feet to an iron pin found making an intortor caner of the said
11.651 acre tract, being the Northwest *enter ofthe raid Staub Tract J and S 0.38' W, 402 54
tort to the Place ofBEG1NNING and containing 5.00 acres ofland.
STATE OF !ERAS
COUNTY of WIL.LIAMSON
3
}
XNOW ALL MEN BY TRESS PRESENTS:
1, Don B. B3ztdJ, Registered Profes>donai Land Surveyor, do hereby oartifjr that this survey was
made on the around of*. property legally described hereon and is correct, and that there are no
,PPM discrepancies, conflicts, o"wl`9pieg of isoprovaments, visible utility tines or roads in
plata, except as shown ens the accompanying plat. and that said property has roam to end eons a
dedicated roadway. to the best of wry knowledge and befkf.
To etvdfy w)ieh, witness my4xsnd and aegl at Georgetown, W11 amson County, Tmosi, this the
2� ref day of f ,q r f , 3999, A.D.
Don 13. Blzaell
Registered Prefrationat L[nt Surveyor, No. 2218
State of Texas
192171d
EXHIBIT "W'
Saugus So filar=►ill Englatauxrixtg, .Ire.
Combli iy ax,t1YMtl forew1
00rimmokhargIMM
'i"= e1e M1+Y-
RECORDERS MEMORANDUM
All or parts of the text on this page was tot
clearly legible for satisfactory re-cordate-
belonging, to have and hold it to Grantee. Grantee's heirs, executors, administrators, successors or
assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors
to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors.
administrators, successors and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations from and exceptions to conveyance
and warranty
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms, at which time this deed shall become absolute
COAMERTCA BANK - TEXAS, at Grantee's request, having paid in cash to Grantor that
portion oldie purchase pnec of the property that is evidenced by the note described The vendor's
lien and superior title to the property are retained for the benefit of COAMERICA BANK - TEXAS
and are transferred to COAMERICA BANK - TEXAS without recourse on Grantor
When the context requires, singular nouns and pronouns include the plural.
STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENTS
§
This instrument was acknowledged before me on August a% 1999, by DAVID E,
JONES, President of ROCKIN' 1 CORPORATION, a Texas corporation, on behalf of said
corporation.
Notary Public, State of Texas
WARRANTY DEED WITH VENDOR'S LIEN - PAGE 2
,yYP DONNA SHIREY
Notery Public
State odiexas
My commission Expires
OCTOBER 14 2001
Rug 27 99 03:03p troy
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
512 255 6975 p.4
This Instrument was acknowledged before me on August , 1999, by LINDA SUE
JONES, Secretary of ROCKIN' J CORPORATION, a Texas corporation, on behalf of said
corporation.
r\d\ ockin 1
Notary Public, State of Texas
r!�rpm AM ourann
t1I'U) FRR'URVCII
OFFIC PUBLIC OROS
DONNA SHIRE?
Notary PubJc
State of Texas
My Commission Expires
OCTOBER 14, 2001
09-01- 04:19 999597?9
NANC
ICELAND $13.00
CLERK
WILLIAMSON COUNTY, TEXAS
L ),HL'rLLLPLCL
OFFICIAL PUBLIC RECORDS
• c.4.. lt+j YL
10-06-1999 03:37 PM 199948491
NANCY E.MRISTER .COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
WARRANTY DEED WITH VENDOR'S LIEN — PAGE 3
eif -41c p,e,
4
20C 326669 4 P•es
/ General Warranty Deed
Date: ADr! r 20 , 2001
Grantor: P Theodore Joel Staub and Barbara Staub, husband and wife, owning, occupying, and
claiming other property as homestead
1
EXHIBIT
„D"
Grantor's Mailing Address:
Theodore Joel Staub and Barbara Staub
14836 Irondale Dr.
Austin, Texas 78717
Travis County
Grantee: Alan L. Staub and Julie A. Staub, husband and wife
Grantee's Mailing Address:
Alan L. Staub and Julie A. Staub
?bol Kip*,h ' Oa et
R0.,.,d KO E.,Taabb4t
WO/1'A wi 4 6,1 County
Consideration:
Love of, and affection for, Grantee.
Property (including any improvements):
TRACT I:
3 acres of land, more or less, out of the WILLIS DONAHO SURVEY, Abstract No. 173 in
Williamson County, Texas, and being more fully described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
TRACT II:
.65 of an acre, more or less, out of the WILLLS DONAHO SURVEY, Abstract No. 173 in
Williamson County, Texas, and being more fully described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
AS TO TRACT I: Restrictive covenants of record in Volume 881, Page 814, Deed Records,
Williamson County, Texas and modified in document 0621448, Official Records of Williamson
County, Texas; easement of record in Volume 308, Page 22; electric line and telephone line as
shown on survey plat dated February 11, 1977 (revised), prepared by Ralph W. Harris, Registered
Public Surveyor No. 1729; and mineral reservations on record in Volume 861, Page 345 and
Volume 881, Page 814, Deed Records of Williamson County, Texas.
AS TO TRACT 11: Easements of record in Volume 233, Page 443; Volume 239, Page 22;
Volume 337, Page 368; and Volume 348, Page 397, Deed Records of Williamson County, Texas;
power lines and poles in place as shown on survey plat dated August 12, 1989, prepared by Stan
Coalter, Registered Public Surveyor No. 1481; rights of others, if any, to use the gravel road
through the property as shown on survey plat dated August 12, 1989, prepared by Stan Coalter,
Registered Public Surveyor No. 1481; failure to comply with Section 232.001 of the Local
Government Code, VATS pertaining to the filing of a subdivision plat.
AS TO BOTH TRACTS: Rights of Brushy Creek Water Control and Improvement District
No. 1 to levy taxes and issue bonds; rights of parties in possession; any and all zoning laws,
regulations and ordinances of municipal and other governmental authorities affecting the Property;
any discrepancies, conflicts or shortages in area or boundary lines; any encroachment, protrusions
or overlapping of improvements; and taxes for 2001 and subsequent years, and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership,
the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
/4,leto-104(taoiLej,
Theodore Joel S
arbara Staub
Staub
=' % OMY L BOVEY
V%
'' MY COMMISSION EXPIRES
' .:. **rim 28, 2002
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me o � t 2__ 2001 by Theodore Joel
Staub and Barbara Staub, husband and wife.
PREPARED IN THE OFFICE OF:
LAW OFFICES OF CARY L. BOVEY
600 ROUND ROCK WEST DRIVE, SUITE 603
ROUND ROCK, TX 78681
(512) 388-5290
(512) 388-9554 Fax
AFTER RECORDING RETURN TO:
LAW OFFICES OF CARY L. BOVEY
,. 600 ROUND ROCK WEST DRIVE, SUITE 603
ROUND ROCK, TX 7868]
(512) 388-5290
(512) 388-9554 Fax
EXHIBIT A
TRACT L:
3.0 care, of land, more or less, out of the willis Donaho Survey,
Abstract No. 173 in Williamson County, Texas, and being described
follow,:
BEGINNING at a 3/4" iron pin Lound at the base of a Lance at the
Southeast corner of the David E. Jones 70.16 acre tract of land
described in Volume 861, Page 345, Deed Records, Williamson
County, Texas. of the Willis Donaho Survey, Abstract No. 173, in
Williamson County, Texas;
THENCE N Be 53' 00" W, 325.02 feet along the North right of way
of County Road No. 113,
THENCE N 00" 31' 00" E. 402.06 feet along a 1.41 acre tract to the
Northwest corner of this:
THENCE S 88' 53' 00" E, 325.02 feet to a point in the east line of
the Jonas 70.16 acre tract;
THENCE S 00" 31' 00" W, 402.06 feet to the POINT OE BEGINNING
containing 3.0 acres of land more or less.
TRACT II:
BEING a part of the WILLIS DOMABO, JR., SURVEY, AbatractNo:
_ 173.
Williamson County, Texas, and being all of .that certain''0.65 acre.:
tract of land descrihd as "Tract 2" in a.deed to Thoaan R:'Joaeph;
Jr., and wile, Lola Annette Reid Joseph,.rscorded in:volume'S14 at
Page 193, Deed Records of Williamson County, and being:,sore
particularly described by metes and bounds as followste wits
BEGINNING at an iron pipe found -at the northeast corner ofsaid'
Tract 2, said iron pipe also being the aoutbeast corner ol.that,
certain 3 acre tract of land. described ;in Volume'881:`at Page
Deed Records of Williamson County;
THENCE S 09" 58' 43" E a distaace.Of 165.00 feet to an::iroa.rod set
at the southeast corner of said Tract '2;
THENCE N 73' 30' 03" W a distance of 383.58 feet withtbe aoathwest
line of said Tract 2 to an iron rod set,'tram:which an' 3ron'rod found
at the southwest corner of said 3 acre tract bears N:81-.7:01'. 33"-..E a
distance of 18.24 feet;
-THENCE N 81" 01' 33" E a distance of 343.40 feet with`•tbe:nortl' .-
line of said Tract 2 to the Place.of Beginning, containing, .0.65'.:L
acres of land.
FILED MD RECORDED
OFFICIAL PUBLIC RECORDS
04-20-20003:2 PM 20010226669
NANCY E. RISTER 'COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
0(15 /900 7 v✓
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2000031344 4 P9S
GENERAL WARRANTY DEED
(With Vendor's Lien)
6688360889
KNOW ALL MEN BY THESE PRESENTS:
THAT ROCKIN' J CORPORATION AND DAVID E. JONES AND WIFE, LINDA SUE JONES
of the County of
in the State of , hereinafter called 'Grantor (whether one or more), for and in consideration of the
sum of TEN AND NO/100 DOLLARS (810.00) and other good and valuable consideration to Grantor in hand paid by
JULIE E. MORRIS AND KERRY B. MORRIS
of WILLIAMSON County, TEXAS , hereinafter caned 'Grantee" (whether one or more), whose mailing address is:
3800 KIPHEN ROAD , ROUND ROCK, TEXAS 78664
the receipt and sufficiency of which are hereby acknowledged and confessed, and the further consideration of the execution and delivery by said
Grantee of one certain Promissory Note in the principal sum of
THREE HUNDRED FORTY TWO THOUSAND AND 00/100
DOLLARS (8 342,000.00 ), o1 even date herewith, payable to the order of
BANK OF AMERICA, N.A.
hereinafter called "Mortgagee,' bearing interest at the rate therein provided; said Note containing the usual clause for payment of attomey fees upon
default and various acceleration of maturity clauses In case of default, and being secured by Vendors Lien and Superior Title retained herein in favor of
said Mortgagee, and also secured by Deed of Trust of even date herewith from Grantee to
PRLAP, Inc., a Texas Corporation
, Trustee;
and
WHEREAS, Mortgagee has, at the special instance and request of Grantee, paid to Grantor $ 342,000.00 of the purchase price of the
property hereinafter described as evidenced by the above described Note,
said Vendors Lien and Superior Title against said property securing the payment of said Note, are hereby assigned, transferred and delivered to
Mortgagee without recourse on Grantor, Grantor hereby conveying to said Mortgagee
the said Superior Title to said property, subrogating said Mortgagee to all the rights and
remedies of Grantor in the premises by virtue of said liens;
And Grantor has GRANTED. SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto said Grantee, tlx: following
described property, to -wit:
"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF."
AS to 1.0 acre described in Volume 1753, Page 835, OFFICIAL RECORDS, WILLIAMSCN
COUNTY, TEXAS: DAVID E. JUNES AND WIFE, LINDA SUE JONES; AS TO THE REMAINDER:
ROCKIN' J NRPORATION
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereunto in anywise belonging
unto said Grantee, his heirs and assigns, forever. And Grantor does hereby bind himself, his heirs, executors and administrators, to WARRANT and
FOREVER DEFEND all and singular the said premises unto said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except for taxes for the current year which are prorated as of the date hereof and assumed by the Grantee herein.
THIS CONVEYANCE is made and accepted expressly subject to any and all resMcions, covenants, conditions, agreements, assessments,
maintenance charges, leases, easements and previously conveyed or reserved mineral and royalty interests. if any. relating to the hereinabove
described property, but only to the extenehey are still In effect and shown of record in the hereinabove mentioned County and State, and to all zoning
laws. regulations. and ordinances of muncpal and/or govemmental authorities, it any, but only to the extent they are sbSi in effect relating to the
hereinabove described property.
60SN : base Page 1 of 2
EXHIBIT
„Er/
It is expressly agreed that the Vendors Lien and Superior Title are retained against the above described property, premises and
improvements, until said Note and all interest thereon shall have been fully paid according to the terms thereof, when this Deed shall
become absolute.
When this Deed is executed by more than one person, male or female, or a corporation or other entity other than a natural person, or
when the Grantee is more than one person, male or female, or a corporation or entity other than a natural person, the instrument shall
read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation or
other entity other than a natural person, the words "heirs, executors and administrators" or "heirs and assigns" shall be construed to
mean "successors and assigns."
EXECUTED on this the 15TH day of MAY, 2000
Rockin' J Co
by: David E
President • .• kin' J. Corporation
•ora on
Jo
s, Individually and as
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Rockin' J Co oration
by: Linda Sue Jones, Individually
and as Secretary of Rockin' J. Corporation
This instrument was acknowledged before me on MAY 15, 2000 , by
David E. Jones, Individually and as president of Rockin' J. Corporation
Linda Sue Jones, Individually ans as Secretary of Rockin' J. Corporation
After Recording
JULIE E. MO
DONNA SHIREY
Notary Public
State of Texas
/ My Commission Expires:
OCTOaER 14, 2001
'etum To:
3 AND KERRY 6. MORRIS
2413 DONNER PATH
ROUND ROCK TEXAS 78664 ROUND ROCK, TEXAS 78681
615$ : 1/87 Page 2 of 2
otar • ubtc in and for
The State of
Printed Name of Notary
My commission expires:
LEGAL DESCRIPTION FOR KERRY B. MORRIS AND JULIE E. MORRIS
BEING 9.21 acres of land, situated in the Willis Donaho, Jr. Survey, Abstract No. 173, in Williamson
County, Texas, being a portion of that certain tract of land, called 19.651 acres, as conveyed to David E.
Jones and wife, Linda Sue Jones, by deed as record:d in -Volume 1613, Page 615, pf the Official Records
of Williamson County, Texas, also being a portion of that certain tract of land, called 18.651 acres, as
conveyed to Rockin' J Corporation by deed as recorded in Volume 1753, Page 835, of the Official Records
of Williamson County; Texas. Surveyed on the ground in the month of April, 2000, under the supervision
of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as
follows;
BEGINNING at an iron pin found marking the Northeast comer of the above -referenced 19.651 acre and
18.651 acre tracts, being on the west line of that certain tract of land, called 84.49 acres, as conveyed to
REG Enterprises, Inc;, of record as Document No. 199981309 of the Official Records of Williamson
County, Texas, being the Southeast comer of that certain tract of land, called 6.2217 acres, as conveyed to
Pitt Building Company, Inc., of record as Document No. 9823954 of the Official `.ecords of Williamson
County, Texas, for the Northeast comer hereof;
THENCE, along the east line of the said 19.651 acre and 18.651 acre tracts, being the west line of the said
84.49 acre tract, S 0° 29' 30" W, 588.93 feet to an iron pin found marking the Northeast corner of that
certain Tract 1, called 3:0 acres, as conveyed to Theodore Joel Staub, Barbara Staub and Alan Staub, by
deed recorded as Document No. 9629245 of the Official Records of Williamson County, Texas, for the
Southeast corner hereof
THENCE, N 88° 49' 30" W, 325.06 feet to an iron pin found on the east line of that certain tract of land,
called 5.0 acres, as conveyed to The Parrish Gang, Ltd., by deed recorded as Document No. 199968491 of
the Official Records of Williamson County, Texas, for the Northwest comer of the said Staub tract, for the
most southerly Southwest corner hereof;
THENCE, N 0° 27' 30" E, 99.00 feet to an iron pin found marking the Northeast comer of the said 5.0
acre tract, for an interior corner hereof,
THENCE, N 880 53' 30" W, 431.44 feet to an iron pin found on the east line of Rockin' J Road, a 1.138
acre tract, Dedicated to the Public, of record in Volume 1473, Page 113, of the Official Records of
Williamson County, Texas, for the most westerly Southwest corner hereof;
THENCE, along the said east line of Rockin' J Road, N 10 07' 30" E, at 60.36 fee4; more or Tess, pass the
Southwest corner of that certain tract of land, called 1.0 acre as excepted in the Deed to Rockin' 1.
Corporation of record in Volume 1753, Page 835, of the Official Records of Williamson County, Texas, at
300.36 feet, more or less, pass the Northwest corner of the said 1.0 acre tract, for a total distance of 489.31
feet, in all, to an iron pin found on the north line of the said 19.651 acre and 18.651 acre tracts, being the
south line of the said 6.2217 acre tract, for the Northwest corner hereof;
THENCE, S 88° 54' 30" E, 751.16 feet to the Place of BEGINNING and containing 9.21 acres of land.
STATE OF TEXAS }
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
I, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on
the ground of the property legally described hereon and is correct, and that there are no apparent
discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as
shown on the accompanying plat, and that said property has access to and from a dedicated roadway, to the
best of my knowledge and belief.
To certify which, witness my hand a♦ndd seal at Georgetown, Williamson County, Texas, this the
2„ d day of Afar , 2000, A.D.
/
Don H. Bizzell
RegisteredTProfessional Land S
State of Texas
19475-1d.doc
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
05-17-2000 04:03 PM 2000031344
MABRY $15.00
NANCY E. RISTER 'COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
D(OUgsa5 L
2001.029443 5 o9s
vk eorgetown.T;tle Company, Inc. EXHIBIT
• WARRANTY DEED WITH VENDOR'S LIEN
Date: April 30, 2001
Grantor: PITT BUILDING COMPANY, INC., a Texas corporation
Grantor's Mailing Address: 3580 Rocking J Road, Round Rock, Williamson County, Texas
78664
Grantee: TOM PITT FAMILY INVESTMENTS, L.P., a Texas limited partnership
Grantee's Mailing Address: 3580 Rocking J Road, Round Rock, Williamson County, Texas
78664
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration
and two notes dated April 30, 2001, executed by Grantee and referred to as the first -lien note and
the second -lien note. The first -lien note is payable to the order of FIRST TEXAS BANK, in the
principal amount of SEVEN HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED FIFTY
AND NO/100 DOLLARS ($731,250.00). The first -lien note is secured by the first and superior
vendor 's lien against, and superior title to, the Property retained in this deed in favor of FIRST
TEXAS BANK and is also secured by a first -lien deed of trust dated April 30, 2001, from Grantee
to JON E. SLOAN, Trustee. The second -lien note is payable to the order of Grantor in the
principal amount of TWO HUNDRED FORTY-THREE THOUSAND TWO HUNDRED FIFTY
AND NO/100 DOLLARS ($243,250.00). The second -lien note is secured by a second and inferior
vendor's lien against, and superior title to, the Property retained in this deed and is also secured
by a second -lien deed of trust dated April 30, 2001, from Grantee to DAN R. MCNERY, Trustee.
Property (including any improvements):
6.2217 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO,
SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS, AND
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
"A" ATTACHED HERETO AND MADE A PART HEREOF.
Reservations from Conveyance: None.
Exceptions to Conveyance and Warranty: Liens described as part of the Consideration; validly
existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded and validly existing restrictions, reservations, covenants, limitations, conditions, and oil
and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments,
other than conveyances of the surface fee estate, that affect the Property; validly existing rights of
adjoining owners in any walls and fences situated on a common boundary; any discrepancies,
conflicts, or shortages in area or boundary lines; any encroachments or overlapping ofimprovements;
WARRANTY DEED WITH VENDOR'S LIEN -- PAGE I
all rights, obligations, and other matters arising from and existing by reason of the creation,
establishment, maintenance and operation of any applicable governmental district, agency, authority,
etc., and taxes for 2001, which Grantee assumes and agrees to pay.
Grantor, for the consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold
it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
The vendor's lien against and superior title to the Property are retained until each note
described is fully paid according to its terms, at which time this deed will become absolute.
FIRST TEXAS BANK, at Grantee's request, has paid in cash to Grantor that portion of
the purchase price of the Property that is evidenced by the first -lien note. The first and superior
vendor's lien against and superior title to the Property are retained for the benefit of FIRST
TEXAS BANK and are transferred to FIRST TEXAS BANK without recourse on Grantor to
secure the first -lien note. The second and inferior vendor's lien against and superior title to the
Property are retained for the benefit of Grantor to secure the second -lien note. Grantor agrees that
this second and inferior vendor's lien against and superior title to the Property are and will remain
subordinate and inferior to all liens securing the first -lien note, regardless of the frequency or
manner of renewal, extension, or alteration of any part of the first -lien note or the liens securing
it.
When the context requires, singular nouns and pronouns include the plural.
PITT BUILDING COMPANY, INC.
Dla(rie:B/11 77'
Title: /-'re s,. ex) 7
WARRANTY DEED WITH VENDOR'S LIEN -- PAGE 2
(ACKNOWLEDGMENT)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowlged before on April 31/ 2001, by w/%1
ofPITTBUILDINGCOMPANY
a Texas corporation, on behalf of said corporation.
0:1drflbpiM33
tempiosiende Co., Inc.
P.O. Box 835
'tori4ltock, TX 78680-0835
NOTARY PUBLIC - STAT
DONNA SHIREY
Notary vubfic, sate aTmres
My Camrriedm Evires
yr* OCTOBER 14, 2001
WARRANTY DEED WITH VENDOR'S LIEN -- PAGE 3
¶XHIWT •q••
CRICHTON AND ASSOCIATES.
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROM TEXAS 78664
51244463393
REID NOTES
FIELD NOTES FOR A 6.2217 ARES TRACT OUT OF THE WHIM
rt
DONAHOSURVEY A15TRACTNO.173 iN WI L IAbSON COUNTY,
TEXAS AND BEING THE SAME TRACT CONVEYED DI VOLUME
1473 PAGE 108 OFFICIAL RECORDS OF WII11AM90N COUNTY
TEXAS. SAID TRACT EEU O MORE PARTICULARLY DE ED
BY METES AND HOUNDS A5 FOLLOWS e" .'
Begfnabmg at a air pin found oa the West line of a tract conveyed to H. Kiphen In Volume 298 Page
523 Deed Records of Williamson County, Tests also being the Northeast corner of* 19.65 sae coact conveyed
to David lana et. at In Volume 1613 Page 615 OHldal Records of Williamson Cottony, Tem for the
Southeast corner of this tract and the POINT OF BEOINNINO.
THENCE N f r 54 4E w with Nle North rine of said 19.65 ase tract also being the South line e of this
tract passing a 547 being a 1.13E ase tract shown as ■ save and except tract in Vole= 161.3 page 615
Official Records of Cowl, Cory, Texas 1103.60 feet to a 12' pin found on the Eau line of a 711.25E acre
tract conveyed to. Dillard in Volume 1390 Page 799 Official Records of Williamson County, Tem also
being the Northwest corner of said 19.65 ase tract for -the Southwest comer of thb tract
a'"' THENCE N 11' 06 21' w with the East line of said 78.15E acre tract ibo being the Wen Itme of this
tract 245.76 feet to a 1!2' Ma found for an Interior c0 comesoL.aaid 78.15E acre tract and the Northwest
comer of this tract.
• THENCE S 88'54' 40' E with the South tine of said 78.15E ase tract sbo being the North line of this
,. tract 1152.99 feet to a lir pin found oa the West line of said Kiphen tract for the Northeast coma of this '
tract and the Southeast corner of said 78.158 sae tract.
ma
THENCE 5 Or 29' 09' W with the West line of said Riphcn Tract also being the East hoe of this tract
.240.19 feet to the POINT OF BEGINNING and containing 62217 acres mote or lea
asap!saw
1 hereby certify that the foregoing skid notesarete prepared from a survey on the ground, under my
supervision and are tree and correct to the best of my knowledge end belief.
Witness my hand and seal this the 28th day of Mardi 1997.
tECORDERS MEMORANDUM
All or pact of the tett on this page sat not
clgtly Igible for adnfietory recordation.
� Y
(3)1303$ >03 t✓
Herman Crichton, RP -LS- 4046
Herrman Crichton, R.PL—S. 4046
4 ..
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e
05-01-20004:16 PM 2001029443
ANDERSON $19.00
NANCYWIMONNYTXA
LLIASCOUNTY' TEXAS
IIlIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
ORD
14 PGS
2008083386
EXHIBIT
„G„
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do
hereby certify that I am the custodian of the public records maintained by the
City and that the above and foregoing is a true and correct copy of Ordinance
No. A -08-10-23-11B4 which annexes 0.098 acres of land, being East Old
Settlers Boulevard right-of-way immediately west of Rockin' J Road. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23rd day of October 2008 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 28th day of October 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. _A Q-u?-Z3- 1I fd
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.098 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.098 acres out of the Willis Donaho Survey, Abstract
No. 173, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
O:\WDOX\OXDINANC\08102351 DOC/rma
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
H.
That the City Council has heard the arguments for and
against the annexation and has determined to approve the
annexation.
III.
That the property described in Exhibit "A" attached hereto
and incorporated herein for all purposes, be and is hereby
annexed and brought within the corporate limits of the City of
Round Rock, Williamson County, Texas, and same is hereby made an
integral part hereof.
N.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of said City and are hereby bound
by all acts, ordinances and all other legal action now in full
force and effect and all those which may be hereafter adopted.
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
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.
3
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 23 day
of Q , 2008.
Alternative 2.
READ and APPROVED on first reading this the
day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of 2008.
4
ATTEST:
SARA L. WHITE, City Secretary
5
MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT ROCKIN' 3 - WEST TRACT
DESCRIPTION
BEING a 0.098 -acre tract of land, more or less, being out of and a potion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed
to the City of Round Rock and further described in a Warranty Deed as recorded in
Document No. 2001048967, Official Public Records of Williamson County, said Deed
being attached hereto as Exhibit B, and said tract also being identified on the
accompanying sketch as Subject Tract 2, attached hereto and made a part hereof.
F 21, 015 nn Gu c56 124wt t (lock.
1U -017- 00a)- 0002E,
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
THE STATE OF TEXAS 5
a
5
COUNTY OF WILLIAMSON 5
L'••
m
0
r1 WHEREAS, the purchase of the hereinafter -described premises has been deemed
EXHIBIT
""Dn
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
Y convenient for the construction, expansion, enlargement,
N necessary or o extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, LUCY GUERRERO, a single woman, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency 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 City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particulaxly described as follows:
0.098 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
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
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY;
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
woon22.wpo 1
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 City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
I WITNESS WHEREOF, this instrument is executed on this the day of
, 2001.
LeCY
RO
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this ,-he 'is
of day
2001 by LUCY QUERRERO.
Notary Public, te of Texas
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN .
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00005322.WPD
2
•coRo$
'�aPaad,� URANDUM
4 6
EXHIBIT
1
FIELD NOTE DESCRIPTION FOR A 0.098 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.436 ACRE
TRACT, CONVEYED TO LUCY GUERRERO IN DOCUMENT NO. 9760377, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of said 5.436 acre tract of
land, the same being the southeast corner of a 38.0 acre tract of land conveyed to Robert
Dillard and recorded in Volume 1390, Page 799, .of the Official Records of Williamson
County, Texas, said point being in the north right-of-way line of County Road No.113,
known locally as Kiphen Road, for the southwest corner and the POINT OF
BEGINNING of the herein described tract;
THENCE, North 01°17'30" East, a distance of 19.53 feet, with the west line of said
5.436 acre tract and the east line of said 38.0 acre tract, to a calculated point for the
northwest corner of this tract;
THENCE, departing the west line of said 5.436 acre tract, the east line of said 38.0 acre
tract, South 88'37'12" East, a distance of 224.97 feet, crossing said 5.436 acre tract, to a
calculated point in the east line of said 5.436 acre tract and the west line of a 1.138 acre
tract dedicated for use as a public road in Volume 1473, Page 113, of the Official
Records of Williamson County, Texas, for the northeast corner of this tract;
THENCE, South 0129'24'- West, a distance of 18.53 feet, with the east line of said
5.436 acre tract and the west line of said 1.138 acre tract, to an iron rod found at the
southeast corner of said 5.436 acre tract and the southwest corner of said 1.138 acre track,
said point being in the north right-of-way line of County Road No. 113, for the southeast
corner of this tract;
THENCE, North 8r52'28" West, a distance of 224.91 feet, with the north right-of-way
line of said County Road No. 113, the south line of said 5.436 acre tract, to the POINT
OF BEGINNING.
Containing 0.098 acres of land, more or less.
RQt'�•t S C7,.� 1/21/0 1
Randall S. Jones Date
Registered Professional nd Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
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FllEI AND RECORDED
OFFICIAL PUBLIC RECORDS
07-09-200x01:30 Ph 2001048967
NANCY E. R�D IER $1,7'O0
TTY CLERK
WILLIAMSON COUNTY, TEXAS
N
NF
s Subject Tract 3 0'
0.451 ac :?II]
Subject Tract 1
°' 0.545 ac
E"Old'Settlers-Blvd
Subject Tract 4 Subject Tract 2
0.137 ac 0.098 ac
Ordinance No. A-08-10-23-1184
Annexing 0.098 acres, being East Old Settlers Boulevard right-of-way immediately west
of Rockin' J Road.
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 2008083386
11/05/2008 10:31 AM
CMCNEELY $68.00
NANCY E. RISTER, COUNTY CLERK
IJILLIAMSON COUNTY, TEXAS
111111111111111111 11111111111111
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
INNIIINIIN 20DPGS
2008083385
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do
hereby certify that I am the custodian of the public records maintained by the
City and that the above and foregoing is a true and correct copy of Ordinance
No. A -08-10-23-11B5 which annexes 0.545 acres of land, being East Old
Settlers Boulevard right-of-way immediately east of Rockin' J Road. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23ra day of October 2008 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 28th day of October 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. A -04b -I0 -Z3- Il &5
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.545 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.545 acres out of the Willis Donaho Survey, Abstract
No. 173, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
0:\YDOMORDINANC\0131023B5.DOC/tme
I.
That all of the above premises
correct and are incorporated into
if copied in their entirety.
II.
are found to be true and
the body of this Ordinance as
That the City Council has heard
against the annexation
annexation.
the arguments for and
and has determined to approve the
That the property described in Exhibit
and incorporated herein for all purposes,
annexed and brought within the corporate
Round Rock, Williamson County, Texas, and
integral part hereof.
"A" attached hereto
be and is hereby
limits of the City of
same is hereby made an
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of said City and are hereby bound
by all acts, ordinances and all other legal action now in full
force and effect and all those which may be hereafter adopted.
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
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.
3
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting-was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 2_ day
of2008.
Alternative 2. ,
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
4
ATTEST:
SARA L. WHITE, City Secretary
a yki,4,--
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT ROCKIN' J - EAST TRACT
DESCRIPTION
BEING a 0.545 -acre tract of land, more or Tess, being out of and a potion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed
to the City of Round Rock and further described in Warranty Deeds as recorded in
Document No. 2001073576 and 2002011743, Official Public Records of Williamson
County, said Deeds being attached hereto as Exhibits B and C, respectively, and
said tract also being identified on the accompanying sketch as Subject Tract 1,
attached hereto and made a part hereof.
N
THE STATE OF TEXAS 3
u
3
COUNTY OF WILLIAMSON S
gi5/sfViell 0/76W- v
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
a_3
EXHIBIT
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, ALAN L. STAUB and wife, JULIE A. STAUB, hereinafter referred to
as Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency 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 City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
TRACT I:
BEING 0.002 acres, more or less, out of the WILLIS
DONAHO SURVEY, ABSTRACT NO. 173, Williamson County,
Texas, and being more particularly described in Exhibit
"A", attached hereto and incorporated herein.
TRACT II:
BEING 0.382 acres, more or less, out of the WILLIS
DONAHO SURVEY, ABSTRACT NO. 173, Williamson County,
Texas, and being more particularly described in
Exhibit "B", attached hereto and incorporated herein.
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
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS PROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
rights-of-way, and prescriptive rights, whether of record or not; allasementspresently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walla
and fences situated on a common boundary; any encroachments or overlapping of
WORIL0%/COR1/TRANICR I I JCOMVSTAU13000010112
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO BOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, 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 City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the
day of
SFp7fm8E/, 2001.
ALAN L. STAUB
tJ:1 CY
JULIE . STAUB
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the
of . EpTLt?, ere_ , 2001 by ALAN L. STAUB and wife, JULIE A. STAUB.
wou mmowrit„xmlmmuaaoomn
Notary Public, State of Texas
2.
PREPARED IN TEE OFFICE OP:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
/ Suite 100
jRound Rock, Texas 78664
IVOILCOXCOANTIANXILII3CONDITAUW00010712
3.
Ey ' o r `A"
FIELD NOTE DESCRIPTION: A 0.002 ACRE TRACT
BEING A TRACT OR PARCEL OF LAND STTUATBD IN WILLIAMSON COUNTY,
TEXAS AND BEING OUT OF AND A PART OF THE WII L S DONAHO SURVEY,
ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 3.0 ACRE TRACT
DESCRIBED AS TRACT I, AND CONVEYED TO TII ODQBA STATTR IN
DOCUMENT NO. 9629245, OP THE DEED RECORDS OF WIL IAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a calculated point at the southwest comer of said 3.0 acre tract, the
same being a point in the north line of that certain tract said to contain 0.65 acres,
described u Tract II, conveyed to Theodore Staub in said Document No. 9629245, same
being the southeast corner of that certain tract of land conveyed to Rockin' J Corporation,
and recorded in Volume 1753, Page 835, of the Official Records of Williamson County,
Texas, for the southwest corner and POINT OF BEGINNING of the herein described
THENCE North 00'22'22" East, with the west line of said Tract I, the east line of said
Amide' J Corporation tract, a dutaaoe of 6.26 feet to a rahpilst. d
curve; paint in the arc of a
THENCE along the arc of said rave to the right s distance of 39.09 feet, having a radius
of 1050.00 feet, a central angle of 02'07'58", a chord which bean South 79'38'1 r Eaat,
a chord distance of 39.08 feet to a calculated point in the south line of said Tract I, the
north line of said Tract II;
THENCE North 88'51'18" West, with the north line of said Tract II, the south line of
said Tract I, a distance of 38.49 feet, to the POINT OF BEGINNING.
Containing 0.002 acres of Iaad more or less.
c4ca
Randall S. Jones
Registered Profario
State of Texas
RJ Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
4i.4 -Date L!/{
Surveyor No. 4391
Mind ai4P act, R2 652'4ocs1Srrmb L dor
Pavi & Fata_y 21, 2001
I1p 1 of 1
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FIELD NOTE DESCRIPTION: A 0.381 ACRE TRACT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEANO OUT' OF AND A PART OF THE WIIS.IS DONAHO SURVEY,
ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 0.65 ACRE
TRACT, DESCRIBED AS TRACT II, AND CONVEYED TO THEODORE STAT 111
DOCUMENT NO. 9629245, OF THE OFFICIAL RECORDS OF WaUAMSON
COUNTY, TEXAS, AND BBINO MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the north rigid -of -way of County Road 113, known
locally u IGphen Road, for the southeast corner of said 0.65 acre tact, same being the
southwest corner of that certain tract of land conveyed to MTV Investments Limibsd in
Document No. 9608169, of the Official Records of Williamson County, Toms, for the
southeast caner and POINT OF BEGINNING of the herein descrr'bed trace
THENCE North 63'22'01" West, with the north line of said County Road 113, the south
line of uid 0.65 we tract, a distance of 383.31 feet to a calculated point in the south line
of that certain tract of land conveyed to Roddn' J Corporation, in volume 1753, Page
835, of the Deed Records of Williamson County, Toms, lbr the west coma of sold 0.65
sae tract, and for the northwest corner of this tract;
THENCE departing the north lino of said County Road 113, South 88°s1'ir East, with
the north line of said 0.63 acre tract, the south line of said Rod n' 3 Corporation tract, a
distance of 18.44 feet passing the southeast corner of said Rockin' J Corporation tract,
same being tba southwest corner of that certain tract of lend said to contain 3.00 saes,
described u Tract 1, and conveyed to Theodore Staub in said Document No. 9629245,
maim with the south line of said Tract 1, the north lin* of said Trac Q in all a total
distance of 56.73 feat to a calculated point in tho arc of a nave, for the northeast occas
of this tract;
THENCE along said save to the tight a distance of 305.18 feet, having a radius of
1050.00 feet, a central angle of 1619'11", a chord which bears South 70'14'43" East, a
chord distance of 304.11 feet to a calculated point in the tut lime of said 0.65 acro tract,
the wet line of said MTV Investments Limited tract, for the northeast corner of this tract;
THENCE South 0014'46" West, with the wet line of said MTV Investments tract, the
east line of said 0.65 acre tract, a distance of67.91 feet to the POINT OF BEGINNING.
Containing 0.382 acres of land more or less.
a's cOd, Ahs. 2/2r/ol
Randall S. Jones Dap
Registered Land Surveyor No. 4391
State wTaxes
RI Surveying Inc.
1111 B. Braker Lane
Austin, Taus 78753
S:wad Projects R2163:1don\s12ob ILdoc
Revised: Fabra.r, 21.3001
Pace 1 of 1
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
10-04-2001 02:01 PH 2001073576
JACKIE $23.00
NANCY E. RISTER ,COUNTY CLERK
NILLIANSCN COUNTY, TEXAS
•
02 A(C P14011 ?. x1110 C i Pact
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
a THE STATE OP TEXAS S
S
M COUNTY OF WILLIAMSON S
Zr7SP
4 WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such
N other property rights deemed necessary or convenient for the construction,
ri expansion, enlargement, extension, improvement, or operation of a portion of
Othe proposed County Road 113 ("Project"); and,
cq WHEREAS, the purchase of the hereinafter -described premises has been deemed
o necessary or convenient for the construction, expansion, enlargement,
o extension, improvement, or operation of the Project;
N
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS;
That, THE PARRISH GANG, LTD., hereinafter referred to as Grantors,
whether one or more, for and in consideration of the sum of Ten Dollars ($
10.00) and other good and valuable consideration to Grantors in hand paid by
the City of Round Rock, Texas, receipt and sufficiency 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 City of Round Rock, Texas all those certain tracts or pawls of land
lying and being situated in the County of Williamson, State of. Texas, being
more particularly described as follows:
0.161 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
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
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY; Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners u any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
CORAflRANSTRT/CRI IKON /?ARR;Sw/SWDE D/00017f61
1
DEC 21 2001 11:55 FR 1. .,. 1INISTRATIW 214 970 1440 TO 91515192 P.W,03
.
FIELD NOTR DESCRIPTION' A Sala
BEING A TRACT Oil PARCEL OF LAND SITUATED IN WUII MSON COUNTY,
TEXAS, AND WINO OUT Or AND A PART OF T115 WULII DONAAO SURVEY.
AWSTRACT NO. 177, AND WINO A FART 01 THAT Cl,2l?MN 19451 ACRE •
TRACT, CONVEYED TO ROC13N.1 CORPORTAT)ON DP VOLUME 1733, PAGE
133 OP THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS AND DEM
MORE PARTICIA, .)i.Y =SCRUM WY METES AND WOUNDS AS FOLLOWS:
■I G3NN1NG at a calculate' volt* to, the southerly, spat Sanely creme ofaaid 19.631
ata trot, lamp baits a oast la ab sera Iia of that Paula true eflaed dtdaRcd
Tract U, ba a dad to Theodor* S Wei la Document No. 96792445 of the Official *sea*
of WUUataoe County, Taw; saga bey the eooeh veal saw d dual awhile oast of
hod deeeale/ r Tract 1, he a dood to Theodor* Simi la rid Document No. 9629243,
far the souther coram and POINT OF arGINNRIO of the betels described tract,
TEE CE North l$'3J'l l" Welt' with tet adds lee of aid 19.631 vas Ind, the north
Hos emir Tran 11, a ebrance of 11.24 Ram, pasuaa the bonbes*t caner amid Thet 11,.
same baro{ a point in the south tight-o6wey Uao c.J Cou,ty Road 113, brows batty u
Ripka Road, p ell /a tt4111 the sash s%M-ohway Ilse of mrd Carty /toed 113, M all
total dimities of 437.17 Teel, to an hoe mod Iowa, for the southeast cornu f • Pubic
Roel, rsoerd.d la Volume 1471, Poe 113, albs Dad Ravish of Williamson QWwy,
Tgcad and dor 1Jr southwest poser of Ible tract;
11tfNCL Nalh 00.52'40" But, with t1P east line of said Public Rad, a dittam of
11.06 hot, r a caksslated point. for tit Northwest comer of We amp;
TIILNCE depaniri she east law of rid fvbli4 Rand, aoetiag mid 19.651 sore lead Ise
MOutrIey nu (2) gooney
1. South 11'77'12" East, a (Wanes or2e261 feu, en a can:W ad point a tba bgisninl
Sts cwt to the tints:
2 Moog the an of aid mete to dm djbt a Mamma of 141.06 bet. having a maw of
1030.00 1Fee, a osMtal aaste of 07'34•5r, a chord which ban Saudi 14'3Y44"
Ecu, a dwell &Man of 14113 rte b a oeladeted post is the cup Rae of aid
19.651 out tract, the west Baa amid Tract 1, fa the *orehnr canes of this trace
Ta INCE South 00'22'n way with the west Ilea orade Team i, Ma amts gee of ale
19.611 race treed. a diatom emu fat to the rover 07 WE'GWNINO.
Coattail's 0.161 sera aloof mon Or km.
131 Sunrayjn1lao.
1212E. Bretasea
Austin, Tawe 71733
RECORDERS MEMORANDUM
All or pun of the moo this page was not
clearly legible for satisfactory recordation.
Stead a a.
1064Painory21,2001 `Ilelir
fait t.f t
•• TOTAL PAOE.03 gm
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the o1` day of
anao. , 2002.
THE PARRISH GANG, LTD.
By:
Printed 1).4N IN.-NR,Ansa
Title: GeauJ, Pc.�Nr
Acknowledgment
State of Texas
County of MX/PR
Name:
This instrument was acknowledged before me on this the_ day
of TAN1�
1ALt , 2002 by ai?� W• ti/9RA1,SH
of THE PARRISH GANG, LTD., on behalf of said limited partnership.
Notary Public, State Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
L�fJ 101 E. Settlers Blvd.
Suite 100
Round Rock Texas- 78664 -
FILED MD RL
OFFICIAL PUBLIC RECORDS
MI' I yl
02-12— 12:28 PM 2002011743
ANDERSON $13.00
NANCY E. RISTER 'COUNTY CLERK
WILLIAMSON COUNTY' TEXAS
CORRR'RANSPRT/CR113COH?ARRISMS WDH[D,.QOI7KI
2
i allini
� � grenda-�n
moi-- ►°
00 0/ I
r�l,
Ordinance No. A -08-10-23-11B5
Annexing 0.545 acres, being East Old Settlers Boulevard right-of-way immediately east
of Rockin' J Road.
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 2008083385
E.R.
11/05/2008 10:31 AM
CMCNEELY $92.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
.1473';,:113
DEDICATION FOR ROAD
2064
STATE OF TEXAS 1
COUNTY OF WILLIAMSON J KNOW ALL MEN BY THESE PRESENTS:
THAT ROCK'N J RANCH, INC. a Texas corporation, of the County of
Williamson and State of Texas, acting by and through Its duly authorized officer,
and being the present owner of the hereinafter described real property In Williamson
County, Texas, has DEDICATED, and by these presents does DEDICATE to the
public forever, for use as a public road, subject to the hereinafter exceptions and
encumbrances, the following described real property in Williamson County, Texas,
to -wit:
THAT certain tract of land containing 1.138 acres of land, more or less,
being out of the Willis Donaho Survey, Abstract No. 173, in Williamson
County, Texas, and being more particularly described as Tract E In
EXHIBIT "A" which is attached hereto and made a part hereof for all
purposes.
THIS Dedication for Road is made and accepted SUBJECT TO the following:
ROCK'N J RANCH, INC. hereby reserves for itself, its successors and
assigns unlimited access to this roadway from the property currently owned
by it on both the east and west sides of the said roadway; SUBJECT TO
all easements and rights of way, now in effect, whether apparent on the
ground or of record in the Office of the County Clerk of Williamson County,
Texas which affect said property; SUBJECT TO any restrictions and
covenants now in effect, if any, affecting said property and of record
in the Office of the County Clerk of Williamson County, Texas; SUBJECT
TO any outstanding mineral interests or reservations affecting said property
and of record in the Office of the County Clerk of Williamson County, Texas;
SUBJECT TO any governmental zoning ordinances and regulations affecting
said property presently; and SUBJECT TO property taxes for the year
1987 and subsequent years and to any assessments for prior years due to
change in land usage or ownership.
EXECUTED this
• STATE OF TEXAS
COUNTY QF.WILLIAMSON
/y day of JANUARY, A.D. 1987.
ROCK'N,J.ANCH, IN
i
BY:
DAVID E. JONES is President
MIS Instrument was acknoeiledged before me on
DAVID E. JONES, president of e.,. .:. . RANCH,
-.- r-- by
. ' Nertof said corporation.
y •
`.
otar u• c, tate o Xa
txas
My Commission expires on o
r nt or stamp name o notary .
QF F IC 1.41. 5tCOapp
wa.u.son goOtm[ Ta1AR.
EXHIBIT
1473%;:114
EXHIBIT "A"
TRACT E - 1.138 ACRES
BEING PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 70.16
ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO DAVID E. JONES RECORDED
IN VOLUME 861, PAGE 345 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID
TRACT OF LAND AS SURVEYED BY RALPH HARRIS SURVEYOR, P.C. BEING MORE
PARTICULARLY DESCRIBED BY HETES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2" rebar found In the north R.O.M. line
County Road No. 113 at the southwest corner of sold Jones 70.16 acre
tract of land as recorded In YoIune 861, Page 345 of the Williamson
County Deed Records, said point being etso the southeast corner of
that certain 38.00 acre tract of land described In Volume 1305, Page
522 of the Williamson County Deed Records.
THENCE, with the north R.O.W. line of County Road No. 113, S 88 55i
42" E 225.00 feet to a 1/2" rebar set for the southwest corner and
PLACE OF BEGINNING hereof
THENCE, H 01 07' 36" E 991.27 feet to a 1/2" rebar set for the
northwest corner hereof
THENCE, S 88 541 46" E 50.00 feet to a 1/2" rebar set for the
northeast corner hereof
THENCE, 5 01 07' 36" M 991.26 feet to a I/2" rebar set In the north
R.O.M. line of County Road No. 113 for the southeast corner hereof
THENCE, with the north R.O.W. line of County Rod Ho. 113, N 88 551
42" W 50.00 .feet to the PLACE OF BEGINNING and containing 1.138 acres
of land, more or lass.
AS SURVEYED BY:
RALPH HARRIS SURVEYOR,
JAM S41.
M. GRAN
REG. PUB. SUR. /1919
1406 Nether
Austin, TX 78704
December 17, 1986
EA19114076.005
U
s TO
c\j ,• <o
w hid
STATE OF Ma COUNTY OF WILLIAMSON
I hereby cent That this Inibumel an MID
an the date ar4 at die time stamped hereos
by me: and mas duly RECORDED. m me Ydwne
and Page of the named RECORDS d Miaow
County. Test as stimped hereon by me. oa
JAN.14 p87
COUNTY A/
uMSON COM MUS
Exhibit A Sketch
1
SERVICE PLAN
EXHIBIT
"B"
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 30.02
ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD
SETTLERS AT ROCKIN' J ROAD 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 a mix of residential and commercial uses; there appear to be a few single-family
residences, and the commercial enterprises range from a nursery/greenhouse to office and light
warehousing. The Property is surrounded by standard single-family residential developments to
the west, north and east; a large, undeveloped and unplatted tract lies to the south.
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.
1
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of ambulance service which is provided by Williamson
County EMS. 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)
First Responder Emergency Medical Services — To be provided immediately
upon annexation by the City of Round Rock Fire Department;
(4) Ambulance services — Provided by Williamson County EMS
(5)
Solid waste collection - Within its corporate boundaries, the City contracts with
Round Rock Refuse for residential collection only; therefore, for residential
properties this service will be provided immediately upon annexation whereas
any commercial ventures may continue to contract individually for solid waste
collection service;
(6) Operation and maintenance of water and wastewater facilities — Water and
wastewater service to be provided immediately upon annexation for those
properties abutting East Old Settlers Boulevard; existing water and wastewater
facilities are shown on Exhibit "B;" additional water and wastewater facilities
will be required to serve the interior of the tract, an estimate of which is
attached as Exhibit "C" and provided by the City within statutory deadlines;
additional services and connections will be available in accordance with the
requirements of the City of Round Rock Subdivision and Utility Ordinances;
(7)
Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation, that portion of Rockin' J Road
incorporated into the City will be maintained; any City acceptance of dedicated
and improved rights-of-way in the future would be per the Subdivision
Ordinance or additional annexation;
(8) 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;
(9)
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;
2
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
capital improvements necessary for providing municipal services adequate to serve the
area.
The City does not have all capital improvements in place which are necessary for
providing municipal services adequate to serve the Property. 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(0 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.
Capital improvements are necessary to provide services to the Property. The City will
not require landowners of the Property to fund capital improvements for this service
under the current use(s) of the Property. However, if and when the Property is
developed, platted, or the current use(s) 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
3
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.
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
4
required payment of landowners' costs and reasonable attomey'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
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 which is primarily agricultural, 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 A
Exhibit B
EXHIBIT C
ESTIMATE OF PROBABLE COSTS
WATER AND WASTEWATER SERVICE
ROCKING J ROAD - Entire Tract
All 6 Parcels
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
WATER
8 -inch C-900 PVC waterline 990 LF $65 $64,350
5 1/4" Fire Hydrant Assembly (Long) 4 EA $4,500 $18,000
1-1/2" Long Water Service 2 EA $2,000 $4,000
1" Long Water Service 2 EA $1,750 $3,500
Water Sub -Total $89,850
WASTEWATER
8" Wastewater Line 645 LF $65 $41,925
Std. 4' Dia. Manhole 2 EA $3,500 $7,000
Wastewater Sub -Total $48,925
Water & Wastewater Total $138,775
Easement Acquisition Cost 0 SF $1 $0
Contingency (15%) $20,816
Engineerina & Survevina (20%) $27,755
TOTAL PROBABLE COST $187,346
DMR, SUNRISE RD COST ESTIMATE Prepared 2008-11-17
Ordinance No. A -09-05-14-8G8
Annexing 30.02 acres north of Old Settlers Boulevard.
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 2009035269
E. -'6u,
05/20/2009 03:23 PM
SURRATT $312.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS