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A-09-05-14-8G9 - 5/14/2009ORDINANCE NO. A'oa1-5-14 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 5.5 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 5.5 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\scc1ncs\o112\wos\MUNICIPAL \09os14c9.➢oc/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 requiring website hearings; and WHEREAS, the City complied with all statutory provisions posting of such first and second public 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. p - READ, PASSED, and ADOPTED on first reading this 4t day of IVta7 , 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 , 2009. ATTEST: 66Q, SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT HARRELL PARKWAY TRACT DESCRIPTION BEING a 5.5 -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 Volume 729 Page 787, Volume 889 Page 639, Volume 905 Page 529, Volume 905 Page 549, Deed Records of Williamson County, and Deeds recorded in Volume 1910 Page 544 and Volume 2693 Page 751, Official Records of Williamson County, said Deeds being attached hereto as Exhibits B, C, D, E, F, and G respectively; SAID 5.5 -acre tract includes a 50' privately -owned access easement described in the aforementioned Volume 729 Page 787 Deed; SAID 5.5 -acre tract also being identified on the accompanying sketch, attached hereto and made a part hereof. Harry B. Kiphen, et ux r 729 Paw 78. 7 WARRANTY DEED Robert A. McElyea, et ux THE STATE OP TEXAS COUNTY OF WILLIAMSON gam' MEN BY THESE PRESENTS: That we, Harry B. Eiphen and wife, Bobbie Ruth Kiphen, of Williamson County,' Texas, for and in consideration of the sum of . TEN DOLLARS and other good and valuable consideration, to us cash in hand paid by Robert A'. McElyea and wife, Grace F. McElyea, the receipt of which is hereby acknowledged and confessed, for which no lien, either express or implied, is retained; Have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto the said Robert A. McElyea and wife, Grace F. McElyea, of Travis County, Texas, the following described property, SUBJECT to the covenants and restrictions hereinafter set forth, to -wit: �. that Donaho Survey Abstract nNo. 173,parcel oinr tWilliamson ract of nCounty, d, out o Texas, and being a portion of that 41.38 acre tract of land as conveyed toJohn Records ofbWilliamsoned oCoounnty,l Texas, anVolume d bein 3moref the Deed li described by metes and bounds as follows; g Particularly 1 BEGINNING for reference at an iron pin found at a fence corner post at the occupied Northwest corner of the above ..described 41.38 acre tract of land, said iron pin found being alsoi an inside corner of that certain tract of land as conveyed to Yvonne Cody Dell by deed recorded in Volume 455, page 201, of the Deed Records of Williamson County, Texas; THENCE, with the occupied West line of the above described , .,:41.38 acre tract of land, also an East line of the above described 11 Dell tract of land, S. 00 deg, 31• W. at a distance of 1497.22 1feet pass a 3/4 inch iron pipe found at the most southerly South- 'eastcorner of said Dell tract of land, and continuing along the !.same courses for a total distance of 1526.13 feet to a point; �.: an iron Tpin Cset for the o Northwest corner . 26' E. for a sa dePLACE7OF BEGINNING ;hereof; THENCE S. 89 deg. 26' E. for a distance of 187.00 feet to i. an iron pin set for the Northeast corner hereof; THENCE 2.14 feet t an ironpinset in2adfence 4line occupyingt heeNorth of 4R.0.W. linen 'of County Road No. 113 for the Southeast corner hereof; THENCE, line of County Road No. 113,ieN.189 deg.ine occupying6' .tforthe Na distancorth e of 187.00 feet to an iron pin set for the Southwest corner hereof; N. 02 deg. 04E. for a feet !;the PLACE OFEBEGINNING,, and' containingdce 1.04nacres ofof2.14 land, mored or less, as surveyed on the ground by James M. Grant, Registered Public Surveyor Texas License 1919, on July 18, 1978; altogether with the non-exclusive free and uninterrupted use, 0 8480 EXHIBIT 11 tved: 729 PACE (EO liberty and privilege of passing in and along a certain 50 -foot roadway easement in Williamson County, Texas, out of the Willis Donaho Survey, Abstract No. 173, and being a portion of that 41.38 acre tract of land as conveyed to John Berg by Deed recorded in Volume 29, page 325 of the Deed Records of Williamson County, Texas, said 50 -foot easementbeing described as follows, to -wits BEGINNING FOR REFERENCE at an iron pin found at a fence ccorner post at the occupied Northwest corner of the above described 41.38 acre tract of land, said iron pin found being' also an inside corner of that certain tract of land as conveyed to Yvonne Cody Dell by deed recorded in Volume 455, page 201 of the Deed Records of Williamson County, Texas; THENCE, with the occupied West line of the above deactibed 41.38 acre tract of land also an East line of the above described Dell tract of land, S. 00 deg; 31' W. at a distance of 1497.22 feet pass a 3/4 inch iron pipe found at the most southerly South- east corner of said Dell tract of land and continuing along the same course for a total distance of 1526.13 feet to a point; THENCE 8. 89 deg. 26' E. for a distance of 799.49 feet to an iron pin set for the Northeast corner and PLACE OF BEGINNING hereof; THENCE 8. 02 deg. 04' W. for a distance of 242.14 feet to. an iron pin set in a fence line occupying the North R.O.W. line of County Road No. 113 for the Southeast corner hereof; THENCE, with said fence line occupying the North R.O.W. line of County Road No. 113, N. 89 deg. 26' W. for a distance of 50.00 feet to an iron pin set for the Southwest corner hereof; THENCE N. 02 deg. 04' E. for a distance of 242.14 feet to an iron pin set for the Northwest corner hereof; THENCE 8. 89 deg. 26' E. for a distance of 50.00 feet to the PLACE OF BEGINNING, as surveyed on the ground by James M. Gran Registered Public Surveyor Texas License No. 1919, on July 18, 1978; together with the perpetual rights of free ingress, egress, and regress to and for the said Robert A. McElyea and wife, Grace F. McElyea, their heirs and assigns, and their tenants, by foot,. vehicles,and all modes of transportation as shall by them be. necessary or convenient, and at all times and seasons, forever, in along, upon and out of said way as a non-exclusive easement and in common with us, the Grantors herein, and in common with our predecessors in title to this easement, and to our successors, heirs, assigns and tenants; TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any- wise belonging unto the said Robert A. McElyea and wife, Grace -F.. McElyea, their heirs and assigns, forever; And we do hereby bind ourselves, our heirs, executors and rwr ,729 :aGE Tts�i administrators, to WARRANT AND FOREVER DEFEND, all and singular the said premises unto the said Robert A. McElyea and wife, Grace F. HcElyea, theirheirs and assigns, against every person whomso- ever lawfullyclaiming, or to claim the same, or any part thereof, • subject to all valid restrictions, easements and reservations of record applicable to the property herein conveyed, and in addition the property herein conveyed is SUBJECT TO THE FOLLOWING COVENANTS . AND RESTRICTIONS, to -wit: 1. The property hereby conveyed shall be used for residen- tial purposes only, and no part of same shall ever be used for any business or commercial purpose or for carrying on any trade or ,.,profession. Only one single family dwelling shall be erected on !any single lot. 2. No residence trailers or mobile homes shall be allowed, duo old homes shall be moved in upon said lots. Used lumber may be used for construction only after the prior consent of the Restric- ,tion Control Committee is obtained. 3. The property shall not be divided or re -subdivided or ;scut into smaller parels or tracts. 4. No residential dwelling shall be nearer than 80 feet 'from the road upon which it fronts and no nearer than 50 feet of 'any side road to which the property abuts. ' - 5. Permanent residence constructed on the subject property "shall have not leas than 2000 square feet under roof and must have at least 50 per cent masonry siding. Separate garage buildings, • 'storage sheds and well houses must be all new materiel and must Abe of equal construction and design as the main residence. Any 'variation from this'restriction must have prior approval of the •IRestriction Control Committee. 6. Temporary residences or construction of out -buildings may be permitted on tracts during the construction period of the r'permanent residence not to exceed. five (5) months and provided the j (prior written approval of the Restriction Control Committee is obtained. rvoc 729 R(6(7. j 7. Any residence constructed on the property shall have a three piece bathroomminimum and may have a lavatory, commode and shower stall with septic tank and drain field acceptable to Restriction Control Committee. The kitchen shall have a minimum of one kitchen sink and all plumbing is to be installed in keeping with good plumbing practices. No outside toilets shall be permitted. 8. In the event of the installation of a septic tank soil - absorption sewage disposal system, the system shall be in accord- ance with minimum recommendations by the Division of Sanitary. Engineering, Texas State Department of Health, and inspected by duly authorized agent of the Williamson County Health Department. Written certification by inspecting agent that said installation is within said recommendations shall be presented to Restriction Control Committee by buyer prior to the occupancy of premises, or by any subsequent transfer of title by a subsequent buyer after the installation of said septic tank soil absorption sewagedis- posal system. 9. No hogs shall be allowed on the property and no noxious or offensive activity shall be carried on upon any lot or shall anything be done thereupon which may be or may become an annoyance or nuisance to the neighborhood. All premises will be kept in e clean and orderly manner at all tines. If this is not done and a complaint is filed against an owner by a majority of the tract owners owning land within 500 feet of the lot on which there is a suspected violation, Harry B. Riphen or Bobbie Ruth. Riphen shall have the right to clean said tract and charge the owner for cost of cleaning said lot. (Court costa if necessary) 10. The keeping of animals or livestock other than those that can be classified as household pets, shall not be allowed. A11 household pets must be kept on a lease or in pens. 11. No sign of any kind shall be displayed to.the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent or signs used by the no: 329 rn i791 builder to advertise during construction and sales. 12. All private yard fences must be kept at all times. No fence to be over six (6) feet high. 13. No tract shall be used or maintained as a dumping :ground for rubbish. Trash, garbage, or other waste shall not be [kept except in sanitary containers. All incinerators or other !;equipment for storage or disposal of such materials shall be kept lin a clean and sanitory condition. Nojunk or wrecking yards ;shall be located upon any tract. Material of any kind atored.e?n said building shall be arranged in an orderly manner on the rear one-third of said property, shall be properly covered, and shall be ,allowed only so long as Restriction Control Committee in its best ljudgment deems such storage to be in the beat interest of the property. No cars not in use to be stored on said lots. 14. No firearm shall be discharged. Other explosives ;;shall not be discharged on the premises. 15. No building shall be erected, placed or altered on any IF lot until the construction plan specifications and a plan showing :the location of the structure have been approved by the Restric- tion Control Committee as to the quality of workmanship and materials, harmony and external design and existing structures 1! and as to the location with respect to topography and finish grade elevation. At the same time of the delivery of the plans land specifications, owner shall also deliver a plot plan of said j tract showing the exact location of the improvements to be con- structed reflecting set back and other information that may be L desired by the Committee. 16. No tractor -trailer type trucks or dump trucks or other similar large trucks or construction machinery or equipment or vehicles shall be parked on any tract at any time except tempora- rily while such vehicles are being used in the construction of improvements on the premises. 17. No boats, boat trailers, travel trailers, or other 'jj. similar property shall be allowed to remain in the driveway, front. .;t 729 m792 yard or front street. 18. Drainage structures under private driveways shall always have a net drainage opening area of sufficient size to permit the free flow of water without backwater. 19. Restriction Control Committee herein shall have control and supervision ofall lots which shall be sold out of the property apparently owned by Harry B. Xiphen, and the Restriction Control Committee shall be composed of Harry B. Riphen, Bobbie Ruth Xiphen and Robert Allen McElyea. A majority of this Committe may name a representative to act for it. WITNESS OUR HANDS this., the 25th day of August, 1978. THE STATE OF TEXAS 5 COUNTY OP WILLIAMSON $ ar Pic SpheN BEFORE ME, the undersigned authority, on this day personally appeared HARRY B. KIPHEN, known to me to be the person whose name is subscribed•to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and Consideration therein expressed.. ' GI UNDER MY RAND AND SEAL OF OFFICE this �L9 fay. of , 1978. Notary ior Williamson County, Texas +,��.�HPATE OF TEXAS $ ...... 5 COUNTY OP WILLIAMSON $ BEFORE ME, the undersigned authority, on this day personally appeared BOBBIE RUTH ZiPRBN, wife of Harry 8. Riphen, known to me to be the'person whose name is subscribed -to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. day of, 0 172.4 RAND AND SEAL OF OFFICE this o2% _, 1978.hicttor Williamson County, Texas THE STATE OP TEXAS - rx, ..729 PACE f03. Citnth s( Wii7:' . t,.•,. ..1...7 Dick cerranW Clara at the county court at as Comte. de hereby wile Mat for taaeiolu[ Wtu flat W.1.4N.(jv[N Na enWlmb at authentication, aro tiled few en�� . r� ansa L eV office w t►e_...20.th._..eay N�._:5 ' / t._-__.:wr,. edit. .t._2:3.D,._._remtm t.E--u..ni ane eaeatw Ma the._.__..ilat_i y c ..;:.:Sept____,».. ,tia.-78. .t.-10.c0.0_:.etroati.A-. 1.. to yta_--.-,__„____ es o O. .._.__._...Deed....__r`: ;1 __: ,\ ..C� Beat et raid County. m WA.. Z23_..- ew..787_-__ warn= iii 'uq ahaand Di t d''. County Court of 11614 Canty. et *Mee m Georgetown. Taxa ///`� yrex01• Dyf J/ y a. {y DICK CIKVENICA.. Ca County Cot* wNl.ewen CwMy. Tone :Harry B. Ripen, TO WARRANTY DEED ux TEE STATE Or TEXAS s 1114 JRB:ht 8-24-82 va< 889reuE 63-9 Jerome Greenough, et ux COUNTY OP WILLIAMSOW5 /ZION ALL WEN 8Y THESE PRESENTS: That we, Harry 5. tiphen and wife, Bobbie Ruth Eiphen, of illiamson County, Texas, for and in consideration of the sum of TWO THOUSAND TWO HUNDRED FORTY AND NO/100 ($2,240.00) DOLLARS, to us paid and secured to be paid by Jerome Greenough and wife, ary Jo Greenough, as follows: The sum of TWO HUNDRED AND NO/100 ($200.001 DOLLARS cash in hand paid, the receipt of which is hereby acknowledged and confessed, and the balance of TWO THOUSAND FORTY AND NO/100 ($2,040.00) DOLLAI3 being represented by one (1) certain promiasery note of even date herewith, executed by Grantees and due and payable to the order of Harry B. Kiphen at 4100 Eiphen Road, Round Rock, Williamson County, Texas, 78664, or at such place as designated by him, in eleven (11) monthly installments, the first ten (10) of aueh monthly installments sing in the amount of TWO HUNDRED AND NO/100 ($200.00) DOLLARS each and the eleventh (11th) and final installment being in the amount of FORTS AND NO/100 ($40.00) DOLLARS, the first install- ment being due and payable on or before September 25, 1982, and one installment to become due and payable on or before the 25th day of each succeeding month thereafter until fully paid, bearing interest from and after maturity at the rate of twelve (12%) per cent per annum, and containing the usual and customary fees and clauses, maid note being additionally secured by Deed of Trust.0f even date herewith, executed by Grantees to Leland R. Mocha, Trustee, HAVE GRANTED, SOLD AND CONVEYED, and by these presents DO GRANT, SELL AND CONVEY,unto the said Jerome Greenough and wife, Mary Jo Greenough, of 1109 Long Meadow, Round Reck, in Williamson County, Texas, 78664, all of the following -described property, SUBJECT to the covenants and restrictions hereinafter set forth, to -wits Being a 1.00 -acre tract of land situated in the Willis Donahoe, Jr. Survey, Abstract No. 173, Williamson County, Texas, • 4 EXHIBIT w Co a IP JRBsht 8-24-82 Page 2 YBL S892ia 640 and being a part of that certain first tract called 50.00 acres of that certain 91.38 -acre tract of land conveyedby deed to August Riphen, et ux, as recorded in Volume 298, page 523, Deed Records of Williamson County, Texas; surveyed on the ground in the month of August, 1982, under the supervision of R. T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin found in the North line of County Road No. 113, also being the South line of said 50.00 -acre Riphen tract, marking the S.E. corner of a certain 0.468 -acre tract of land conveyed by deed to Sharon E. Maxwell, et vir, as recorded in Volume 771, page 33, Deed Records, Williamson County, Texas, for the S.W. corner hereof; THENCE North' 0.deg. 03' 30' East, 240.00 feet to iron pin found marking the N.E. corner of said 0'.468 -acre Maxwell tract, for the N.W. corner hereof; THENCE South 88 deg. 52' East, 181.50 feet to iron pin set for the N.E. corner hereof; THENCE South 0 deg. 03' West, 238.21 feet to iron pin set in said North line of County Road No. 113 for the S.E. cor- ner hereof; THENCE North 89 deg. 26' West, 181.50 feet with said North line to thi place of beginning and containing 1.00 acre of land. TO HAVE AND TO HOLD the above-described premises, to- gether with all and singular the rights and appurtenances thereto in anywise belonging unto the said Jerome Greenough and Mary Jo Greenough, their hairs and assigns, forever; Andwe do hereby bind ourselves, our heirs, executors, and administrators, to WARRANT AND FOREVER DEFEND, all and, singular the said premises unto the said Jerome Greenough and Mary Jo Greenough, their heirs and assigns, against every person whomeover lawfully claiming, or to claim the same, or any part thereof, SUBJECT to all valid restrictions, easements and reservations. of record applicable to the property herein con- veyed, and in addition, the property herein conveyed is SUBJECT TO THE FOLLOWING COVENANTS AND RESTRICTIONS, to -wit: 1. The property hereby conveyed shall be used for residential purposes only, and no part of same shall ever be used for any business or commercial purpose or for carrying on any trade or profession. Only one single family dwelling shall be erected on any single lot. 2. No residence trailers or mobile hams shall be allowed. No old homes shall be moved in upon said lots. used lumber may be used for construction only after the prior consent of the Restriction Control Committee is obtained. 0 JRSeht 8-24-82 rTage 3 YOl Stat E 641 3. The property shall not be divided or re -subdivided or cut into smaller parcels or tracts. 4. No residential dwelling shall be nearer than eighty (80) feet from the road upon which it fronts and no nearer than fifty (50) feet of any side road to which the property abuti. S. permanent residence constructed on the subject property shall have not less than sixteen hundred (1,600) square feet under roof. Separate garage buildings, storage sheds and well houses must be all- new material and must be of equal con- struction and design as the main residence. Any variation from (this Restriction must have prior approval of the Restriction (Control Committee. 6. Temporary residences er construction of out- buildings may be permitted on tracts during the construction 'period of the permanent residence not to exceed five (5) months and provided the prior written approval of the Restriction Con- trol Committee is obtained. 7. My residence constructed on the property shall have a three (31 piece bathroom minimum and may have a lavatory, commode and shower stall with septic tank and drain field accept- able to Restriction Control Committee. The kitchen shall have a minimum Of one (1) kitchen sink and all plumbing is to be installed in keeping with good plumbing practices. No outside toilets shall be permitted. 8. In the event of the installation of a septic tank soil -absorption sewage disposal system, the system shall be in accordance with minimum recommendations by the Division of Sanitary Engineering, Texas State Department of Health, and inspected by duly authorised agent of the Williamson County Health Department. Written certification by inspecting agent that said installation is within said recommendations shall be presented to Restriction Control Committee by buyer prior to the occupancy of premises, or by any subsequent transfer of title by a sub- sequent buyer after the installation of said septic tank soil absorption sewage disposal system. 1 • • JRB:ht 8-24-82 Page 4 VO4. 889n6z 642 9. No hogs shall be allowed on the property and no noxious or offensive activity shall ba carried on upon any lot or shall anything be done thereupon which may be or may become an annoyance or nuisance to the neigbberhood.. All premises will be kept in a clean and orderly manner at all times. If this is not done and a complaint isfiled against any owner by a majority of the tract owners opening land within five hundred (500) feet of the lot on which there is a ,suspected violation, Marry B. Riphen or Bobbie. Ruth Riphen shall have the right to clean said tract and charge the owner for cost of cleaning said lot (Court costs if necessary). 10. The keeping of animals or livestock, other than those that can be classified as household pets, shall not be allowed. All household pets must be kept on a leash or in pens. 11. No sign of any kind shall be displayed to the public view on any lot, except one (1) sign of not more than five (5) square feat advertising the property for sale or rent or signs used by the builder to advertise during construction and sales. 12. All private yard fences must be kept at all times. No fence is to be over six (6) feet high. 13. No tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be keptexcept in sanitary containers. All incinerators or other equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition. No junk or wrecking yards shall be located upon any tract. Material of any kind stored in said building shall be arranged in an orderly manner on the rear one-third (1/3rd). of said property,•• shall be properly covered, and shall be allowed only so long as Restriction Control Committee in its best judgment deems such storage to be in the best interest of the property. No cars not in use are to be stored on said lots .14. No firearm shall be discharged. Other explosives shall not be discharged on the premises. 15. No building shall bs erected, placed or altered JRB:ht 8-24-82' page 5 VOL 889PABE 543 Ion any lot until the construction plans, specifications and a plat showing the location of the structure have been approved by the Restriction Control Committee as to the quality of workman - I ship and materials, harmony and externa], design and existing lstructures and as to the location with respect to topography and finishgrade elevation. At the same time of the delivery of the plans and specifications, owner shall also deliver a plot 7411 lanof said tract showing the exact location of the improve- nts to be constructed, reflecting set -back and other lnforma- ion that may be desired by the Committee. 16. No tractor -trailer type trucks or dump trucks or ther similar large trucks or construction machinery or equip- Fie quip Fepnt or vehicles shall be parked on any tract at any time, (except temporarily while such vehicles are being used in the construction of improvements on the premises. 17. No boats, boat trailers, travel trailers, or other sZeiler property shall be allowed to remain in the driveway, front yard or front street. 18. Drainage structures under private driveways shall always have a net drainage opening area of sufficient size to. permit the fru flow of water without backwater. 19. Restriction Control Committee herein shall have control and supervision of all lots which shall be sold out of the property apparently owned by Barry B. Riphen, and the Re- striction Control Committee stall be composed of Barry B. Kiphen, Bobbie Ruth Riphen and Jerome Greenough. A majority of this Committee may name a representative to act for it. But it is expressly agreed and stipulated 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 and tenor, effect and reading thereof, when this deed shall became absolute. JRBtht 8-24-82 Page 6 VOL'. SSUPAGE 644 WITNESS OUR HANDS this, the 25th day of August, 1982. ... ' ' 11r4 . gp�te' '.,1' JJ • e Ruth Aiphen THE STATE OF TEXAS S f COUNTY OF WILLIAMSON S THIS INST;RU1 was acknowledged before me on the 15th day of a tember' ft , 1982, by HARRY B. RIME. ' APV. P(/ t, / � '�9n✓ .'Qat GF .." THE STATE OP TEXAS COUNTY OF WILLIAMSON Notary Public in and !or the State of Texas Printed Name Bertha Tschoerner My Commission expires Apr. 30. 1982 TH18 INSTRUMENT day of Sepptember of Harry B. Eiphan. �mtYntaso 3.t 3 i !'\ e ::�p }P a S f 5 was acknowledged before me on the 15th , 1982, by BOBBIE RUTH EXPELS, wife Notary Public in and for the State of Texas Printed Name Bertha Tschoerner My Commission expires ape. 30. 3985 TME STATE OF TEXAS j County of Wilkinson ' I _ I, Junes N. aoydnon, Oak of the County Conn or said County, do hereby ccr- tify that the foregoing Instrument in writing, with its certifier,* of nhdnication. was Ned for record in my office o. we 17th dry of Sept. A.D 1988-. at .''1134 it a- o'clock P. M., and duly recorded this dun 20th d.yof Sept. Deed ESS MY HAND last above y written / .. / A.D. 19.9._....)u ''14315' "o'dort A. M inn.. Reet(rdi'oe..idCoufny in Vol 889 Po -- 6 39 sal of the County Coot of said.purtY. a *Rrce In Georgetown, Tau. the dun f JAMES N. ROYDSTON, CLERK. County Court, WVI W County. Tact t`?4^vRAR•�v-w.v..,r.?TS°:.'�q-.... . .r.:.,...wr.n.ae±.. STATE OF TEXAS COUNTY OF WILLIAUSOH KNOW ALL MEN BY THESE PRESENTS: voi 9O5ftGE 529 WARRANTY DEED 10953 That .......... P •. AI?) . APO. vire,. P9pP?!i. I tt WWI hereafter referred to as Grantors (whether one or more) for and in consideration of the payment by JARpt4E. GRSENPVBU. mi. vile • .11M. JO.GIntI9VQ 12c'i.14.9 nal.u.t.ROi dL �OGk`r7�.�19ts ...., hereafter referred to as Grantees (whether one or more) of a certain cash consideration, the receipt of which is hereby acknowledged by the Grantors, and for the additional consideration, if any, specified in the attached Exhibit "B" which is incorporated herein by reference, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL AND CONVEY unto Grantees, subject to any reservations hereinafter made, all of the real property described in the attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the herein described premises, together with all and singular the, rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantee's heirs, successors and assigns forever; and Grantors do hereby bind Grantors, Grantor's heirs, executors and administrators or successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantees, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. E3. If checked the note or notes executed or assumed by Grantees and described in the attached Exhibit 1'B" are secured by a vendor's Lien herein retained. Superior Title in and to the property, premises and improvements described in Exhibit "A" is hereby retained until the promissory note or notes executed or assumed herein by Grantees have been fully paid according to the face, tenor, effect and reading thereof when this Deed shall become absolute. ❑ . If checked, the Vendor's Lien retained herein to secure payment of the note payable to . Payee, together with Superior Title in and to said property are hereby TRANSFERRED, ASSIGNED, SOLD AND CONVEYED to the above named Payee for value received. 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, conditions and easements of record affecting said property, and any and all zoning laws, regulations and ordinanees of municipal and/or other governmental authorities affecting said property. EXECUTED this a day of January, 1983. EARRY 8 IPU i adsBIE RUTAIrUEtt•"'J EXHIBIT ..DI/ VOL 9O5fil1530 STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the umlerAgned authority. un this day personally appeared Ann .5.. WHEN .atD. *tee. . IOHBIE.RUITA MPHHR kmnrn to me to be the person. s.. wltm5e, names, are subscribed to the foregoing instrument. and acknowledged to me that ...they... executethe same for;the purposes and consideration therein expressed. GIVEN UNDER MY RAND AND SEAL OF OFFICE on this . /.�a..day of .....Iaouary Dr. 83... STATE OF TEXAS COUNTY OF' ) O () Nmar w iP K-': r& etas (Printed or stamped name of notary) BEFORE ME. the umlersigned authority. on this day personally appeared known to me to be the person .... whi, w name.... subscribed to the foregoing instrument. and acknowledged to me that '. ..he.... executed the same.&rc the purposes and nmsideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of lir STATE OF TEXAS 1 ) () COUNTY OF 0 BEFORE ME, the undersigned authority. on this day personally appeared of a corporation, known to me to be the Iwmun whose name is subscribed to the foregoing instrument. and acknowledged to me that ....hn.... ex- ecuted Bute<I the same for the purposes and consideration therein expressed. in the capacity therein Mated and as the alt. sod deed of said corporation GIVEN L!NDER MY HAND AND SEAL OF OFFICE this day of Ip Notary Public in and for - County. Texas (Printed or stamped name of notary) Notary Public in and for County, T (Printed or stamped name of notary) EXHIBIT "A" BEING a 0.50 acre tract of land situated in the Willis Donahoe, Jr., Survey, Abetraet No. 173, Williamson County, Texas, more fully described by metes and bounds 1a the attached Exhibit "C" incorporated herein for all pertinent purposes. EXHIBIT "B" VOL 505, tOf 531 The conveyance in the attached Warranty Deed is made in consideration of the following•. dated Auge a 25, 1982 E. Grantees execution and delivery of one certain promissory note r>lrnmmudttheriauawildew the original principal amount of $ 2,040.00 bearing interest at the rate therein provided, payable to the order of ..NA$NY ,fl. ,$;RNEN .and .wtfe..$41111I$ .HATH .$;t'N$N • containing provisions for acceleration of maturity and secured by the Vendor's Lien herein retained and by the lien of a Deed of Trust this day given by Grantees to LELAND R. ENOCHS Trustee. O. Grantees assumption and promise to pay according to the terms thereof all of the principal and interest now remaining unpaid on that one certain promissory note in the original principal sum of $ dated payable to the order of more fully described inand secured by a vendor's lien retained in deed of even date therewith recorded in Volume Page of the Deed Records of the county in which the property herein conveyed is located and additionally secured by a Deed of Trust of even date therewith to • Trustee,recorded in Volume , Page , of the Deed of Trust Records of the same county, and Grantees assumption and promise to keep and perform all of the covenants and obligations of the Grantors named in said Deed of Trust. O. Grantees execution and delivery of a Deed of Trust to additionally secure the payment of the note assumed herein. paGusi -moi',0:27, VOL 905 5 Vce.t y1, � 1 CST _ s s.-�0•i .-o • \. I ay.» aan 1k•.' Is -CRPCpc. 0%,,0 a \ cjO'O° o �+vY t• wv '{s ALts pm- II. b- 1 • 49.le i ..,, 4_ S 7470-1 •n1.1.1.1e ILL 104.70. ,,, ,b 6x000'6" ✓0 too Acte � •' a69A`` 0-5° AC. a g0 7111 •�• •Otedbin0 •anAvm M /f• 2'W tou.t/TY SoA.o 1i3 FIELD NOTES FOR JEROME GREENOUGH: ti re,00• . r„ — 000 •W A✓ M/ BEING a 0.50 acre tract of land situated in the Willis Donahoe, Jr., Survey,. Abstract No. 173, Williamson County, Texas, and being a part of that certain first tract. called 50.00 acres of that certain 91.38 acre tract of land conveyed by deed to August Kiphen, et ux,, as recorded in Volume 298, Page 523, Deed Records. Williamson County, Texas. Surveyed on the ground in the month of January, 1983, under the supervision of R. T. Magness, Jr., Registered Public Surveyor. and being more particularly described as follows: BEGINNING at an iron pin found in the South line of said 91.38 acre Kiphen tract, also being the North line of County Road No. 113, marking the S.E. corner of a certain 1:00 acre tract of land conveyed by deed to Jerome and Mary Jo Greenough as recorded in Volume 889, Page 639, Deed Records, William- son County, Texas, for the S. W. corner hereof;..• THENCE, N 00. 03' E, 238.21 feet to iron pin found narking the N.E. corner of said 1.00 acre Greenough Tract for the N.W. corner hereof; TEENCE..3 88' 52' E, 91.62 feet to iron pin set for the N.E. corner hereof; THENCE. S 00" 03' W, 237.30 feet to iron pin set in the said South line of 91.38 acre Kiphen Tract, also being the said North line of County Road No. 113, for the S. E. corner hereof; THENCE, N 89° 26' W. 91.62 feet with said North line of County Road No. 113 to. the Place of BEGINNING and containing 0.50 acre of. land. STATE OF TEXAS I COUNTY OF WILLIAMSON I KNOW ALL MEN BY THESE PRESENTS: I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that the above-described tract of land was surveyed on the ground under my personal supervision during the month of January, 1983, and that said description is true and correct to the beat of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 17th day of January, 1983, A.D. 1h e THE STATE OF TEXAS j - VOL OOOr&OF 533 Covey of WIMnmwe i 1, Jame N. Bonito.. Chfk of the county Court of mid County, do hereby ea- LI?y that the foreeoine inwimeot in whine, with It, catiftWrof authentication. w fled for record In my of0ce on dm 7th day py Fob. A.D 19 03 a O:O0 o'clock A M., and duly recorded Ws tun 7th day ay Feb. Deed Accords of said Ctiony.k Yol 99� pp 5?0 WITNESS MY HAND and mil of the County Court of aid County, d ofike N Oenryaown. Tena, the date last above written. JAMES N. BOYDSTON CLERIC, BY - ih'9 tY County Cone. WOOamaon County. Texas AD 19 03'at 19:10. o'agck'A M in the__ • STATE OF TEXAS COUNTY OF NILLTANBON vat rgeSACt 549 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That - $IARAli $aMGM!, nd. ).usband, JE4F07, /Varn a hereafter referred to as Grantors (whether one or more) for and in consideration of the payment by Romi cy. pp. ig, Jpgp$pp, pep, y1fe, JOYCE D. JOHNSON whose address 1s 4102 Kiphen, Round Rock, Texas 78664 hereafter referred to as Grantees (whether one or more) of a certain cash consideration, the receipt of which is hereby acknowledged by the Grantors, and for the additional consideration, if any, specified in the attached Exhibit "B" which is incorporated herein by reference, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL AND CONVEY unto Grantees, subject to any reservations hereinafter made, al] of the real property described in the attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the herein described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantee's heirs, successors and assigns forever; and Grantors do hereby bind Grantors, Grantor's heirs, executors and administrators or successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantees, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. &l. If checked the note or notes executed or assumed by Grantees and described in the attached Exhibit "8" are secured by a vendor's lien herein retained. Superior Title in and to the property, premises and improvements described in Exhibit "A" is hereby retained until the promissory note or notes executed or assumed herein by Grantees have been fully paid according to the face, tenor, effect and reading thereof when this Deed shall become absolute. O. If checked, the Vendor's Lien retained herein to secure payment of the note payable to . Payee, together with Superior Title in and to said property are hereby TRANSFERRED, ASSIGNED, SOLD AND CONVEYED to the above named Payee for value received. 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, 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. EXECUTED this /Bday of January, 1983. %)rtartr,n £ uiftfl ise sE,lvpN E. MAXWELL ste" F. MAXWELL f v u tU57iuE 550 STATE OF TEXAS COUNTY OF TRAVIS • O O () REFORE h1E. thr unlersignel ..utiamity, on this day personally appeared ..S86ROq, &A/440RL1.. a114... .husband, JESSIER,,IIAY,WELL known to me to Iw thepevnne P. a.., whmie rsmr. re subscrihed to the foregoing instrument. and acknowledged to me that executed the game for the purposes and consideration therein eexpreard. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this.. ft'..c,yo January' 7993.... Nola ) O EXHIBIT "A" siri�'jet " ottnly.. ;ruts .. (Printed or stamped name of notary) BEING a 0.468.acre tract of land situated in 'the Willie Donaho Survey Abet.- No. 173, in Williamson County, Texas and being • part of a 41.38 -acre tract as described in a Deed to John Berg and of record in Vol. 29, page 325 of the Deed Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at an iron pin set in the north R.O.W. line of County Road 113 for the S.W. corner of this, said point being S. 89' 26' E. 204.7 feet from the S.E. corner of a 1.04 - acre tract of land conveyed to Robert A. McElyle and wife, Grace F. McElyla, and described in a deed recorded in Vol. 729, page 787 of the Deed Retorda of Williamson County, Texas; THENCE N. 02' 04' W. 240 feet to an iron pin for the N.W. corner of this; THENCE S. 86' 26' E. 85 feet to an iron pin for the N.E. corner of this; THENCE 5. 02' 04' E. 240 feet to an iron pin in the north R.O.W. line of County Road 113 for the S.E. corner of this; THENCE with the north R.O.W. line of said road N. 89' 26' W. 85 feet to the place of BEGINNING, 8s surveyed on the ground by Jack P. Fulcher, Registered Pub110 Surveyor No. 1642 of the State of Texas. EXHIBIT "8" Grantees assumption and promise to pay according, to the terms thereof all of the. principal andinterest now remaining unpaid on that one certain promissory note In the original principal stet of 851,120.00, dated July 31, 1979, payable to the order of JIM WALTER HOMES, INC., more fully described 1n and secured by a Mechanic's Lien Contract recorded in Volume 44, Page 809, of the Mechanic's Lien Records of Williamson County, Taxes. THE STATE OF TEXAS County of WWBameon f 1. lames N. Boyden, Clerk of the County Court of sdd County. do hereby cer- tify Ott the (ongoing instrument in writing, with Its certificate of authentication, was Med for mord In my office on day of Fob rhe T , day of Pph AD.IP ni,at 9.99 o'rL.{ A M.. and duly recorded chi, A D 19�j2. et 1 n • 59 o'dgdc_B_ NI la the Doed gnordsofsaidCounty 1AVo1 Ogg pp t40 WITNESS MY HAND and seal of the Ceuaty Cenpf .Jd Ceu.ty. al'effise in Geerpowae Taaue tot dao Int above writmn. v- JAMES N. SIGN. CLErtxerk IP(14NN WatY County Court, Wflamam Cour. Tena VOLl910%1[544 1 GtE®W. MAS DE IRE STATE OF TEXAS ) ) KNOW ALL NEN BY THESE PRESENTS: COUWIT OP WILLIAMSON ) THAT HARRY B. KIPHBN AND WIFE. BOBBIE RUTH RIPHEN 1oor4o7a Id WILLIAMSON County, Texas, hereinafter called "Grantor • for and in consideration of the sus of Ten and No/100 Dollars (510.00) and other good and valuable consideration to Grantor in hand paid by MARVIN FREDRICK RAU AND WIPE GRACE MARS,ARITE RAU_ of hereinafter called "Grantee", whose mailing address is 4100 KIPHBN ROAD ROUND ROCK. TEXAS 78664 receipt and sufficiencyof which is herebyj- acknowledged, and the further consi- deration of the execution and delivery by said Grantee of one ceresin Promissory Note in the principal sue OLFIPTY-NINE THOUSAND FIyE HUNDREQ TWENTY -)DINE awn nn/inn Dollars (5 59,529.00 ), of even date herewith, .payable to the order of MERCANTILE MORTGAGE CORPORATION, hereinafter called "Mortgagee", bearing interest at the rate therein provided: said Note containing attorney's fee clause and various acceleration of maturity clauses in case of default, and being secured by Vendor's Lien and Superior Title retained herein in favor of said Mortgagee, and also being secured by Deed of Trust of even date herewith frau Grantee to Jim C. Hodge, Trustee, Grantor has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto said Grantee, the following described property located in WILLIAMSON County, Texas, to wit: BEING 1,17 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONANO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. Mortgagee has, at. the special instance and request of Grantee, paid to Grantor a portion of the purchase price of the property hereinafter described, as evidenced by the above described Note, said Vendor's Lien and Deed of Trust Lien against said property securing the payment of said Note, are hereby assigned, transferred and delivered to Mortgagee, Grantor hereby conveying to said Mortgages 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 the HAVE ANDts TO ID the above described premises, together with all and singular appurtenances thereunto in anywise belonging unto said Grantee, Grantee's heirs and assigns, forever, And Grantor does hereby bind Grantor. Grantor's heirs, executors and edministrators, to WARRANT and FOREVER DEFEND all and singular the said premises unto said Grantee, Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the sane or any part thereof. Page 1 of 2 07/DEED54/12.31.85/MC/TX MC 401 OFFICIAL RECORDS VALLIANSON GOUNTV.IEXA4 • • EXHIBIT ..Fnn van1910ra545 This conveyance is made subject to all and singular the restrictions, easements, exceptions, conditions and covenants, if any, applicable to and enforceable against the above deacribed property as Mown by the records of said County, as well as ad valorem taxes for current and subsequent VMM_ But it is expressly agreed that the Vendor's Lien and superior title is retained in favor of the Payee of said Note against the above described property, praise and improvements, until said Note and all interest thereon shall have been fully paid according to the terms thereof, when this Deed shall became absolute. When this Deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs, nouns and praoais were changed correspondingly, and when executed by or to a corporation, the words 'heirs, executors and administrators' or 'heirs and insigne shall be construed to mean 'successors and assigns'. Executed JUNE 5, , 1990 • aria An BUUBSIE {BOTH' Qt h).N '��•-• ItDien:ALI5) ACKNOWLEDGEMENT TIE STATE a! TEXAS MGM OENILLIAMSON ) as. ) This instrument vas ugvledged before me on this 13th of • June ad1ygC byHARRY B. KIPHEN ANu wr- :e • My caimieeian expires: 10/18/92 THE sTM! Or TEKAs COleff CT )as. ) BMSMITH MIGS_umadiens pees lth:: This instrument wale acknowledged before me on this 19 , by day of My car issian expire: Notary of arias Publis in and for CM State RETURN ORIGINAL T0: NARVIN FREDRICK i GRACE MARGARITR RAU 4100 KIPHEN ROAD ROUND ROCK, TEXAS 78664 foga 2 of 2 MC 401 O7/DE'EDS4/12.31.85/MIC/TE V01l91VfAbtJ'SS EXHIBIT A IO:TLB AND BOUNDS DESCRIPTION 1.17 ACRES EEING PART OF TBE WILLIB DORANO SURVEY ABSTRACT NO. 173 IN WILLIANSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 91.3B ACRE TRACT OF LAND DESCRIBED IN A DEED TO AUGUST KIPHEN AND WIFE, TRACY CPHCS, RECORDED IN VOLUME 298, PAGE 523, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" rebar found at a fence post at the occupied northwest corner of said Kiphen 91.38 acre tract of lend; THENCE with the west line of said Kiphen tract, S 00 deg. 31' W at a distance of 1497.22 feet pass an iron pipe found and continuing with the same course for a total of 1526.13 feet; THENCE S 89 deg. 26' E 986.49 feet to a 1/2" rebar found at the northeast corner of that certain 1.04 acre tract of land described in a deed form Kiphen to Robert A. McElyea and wife recorded in Volume 729, Page 787, Official Records of Williamson County, Texas, for a point of the west line and PLACE OF BEGINNING hereof; THENCE with the west line hereof, N 01 deg. 51' 16" E 12.00 feet to a 1/2" rebar set for the northwest corner hereof; THENCE S 89 deg. 26' 48" E 196.52 feet to a 1/2" rebar set for the northeast corner hereof; THENCE S 00 deg. 01' 49" W at a distance of 15.01 feet pass a 1/2" rebar found at the northwest corner of that certain 0.468 acre tract of land described in a deed from Kiphen to Sharon E Maxwell and husband, Jessie F. Maxwell, recorded in Volume 771, Page 33, Official Records of Williamson County, Texas, and continuing with the same course for a total distance of 254.93 feet to a 1/2" rebar found at Maxwell's southwest corner, in the north r.o.w. line of Kiphen Road (County Road 113) for the southeast corner hereof; THENCE with the north r.o.w. line of Kiphen Road, N 89 deg. 26' W 204.63 feet to a 1/2" rebar found at Nctlyea's southeast corner for the southwest corner hereof; THENCE N 01 deg. 51' 16" E 242.94 feet to the PLACE OF BEGINNING and containing 1.17 acres of land, more or less. STATEOF TEXAS COUNTY OFWNIIAMSON t herebyWily that this Ingrown! was FILED on ths dale and M the time stamped hereon ind was �t edfECO OSof theft= County. Texas. as Stam t by Mown PsdtmrcanhYmaon JUN 15 1990 cilltlitilYCCLER1t7t. WILLIAMSON COUNTY. TEXAS _-11 -r a :C F T 3 _rt F N -, 0 in k 1 GF#95016674 VOL 2693Pa6E0751 DOCK 9510800 WARRANTY DEED WITH VENDOR'S LIEN Date: MARCH 16, 1995 Grantor: GLENN DYESS AND WIFE, BONNIE DYESS Grantor's Mailing Address (including county): 4000 Kiphen Road Round Rock, TX 78664 Williamson County Grantee: LUCIANO RIVERA, JR. AND WIFE, ALICE C. RIVERA Grantees Mailing Address (including county): 1717 Egger Avenue Round Rock, TX 78664 Williamson County Consideration: For the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration paid to the undersigned by the Grantee herein named, the receipt and sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery by Grantee of Grantee's Note of even date herewith that is in the principal amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), payable to the order of TEXAS HERITAGE BANK of P. O. Box 249, Hutto, Texas 78634. The Note is secured by a Vendor's Lien retained in favor of TEXAS HERITAGE BANK in this Deed and by a Deed of Trust of even date herewith from Grantee to Dale M. Alley, Trustee. Property (including any improvements): BEING 1.0 ACRE OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO. Reservations from and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights of record; all presently recorded restrictions, reservations, covenants, A48oq cOU NAS EXHIBIT nGrr VOL .2693PAGE 0752 conditions, oil and gas 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 discrepancies, conflicts, or shortages in area or boundary lines, any encroachments or overlapping of 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. taxes for current year, the payment of which Grantee assumes. 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 any wise belonging, to have and hold it to Grantee, Grantees heirs, executors, administrators, suers, err assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors administrators. and successors to warrant and forever defend all and singular the property to Grantee and Grantees beirs, «mentors, 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 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 shalt become absolute. When the context requires, singular nouns and pronouns include the plural. TEXAS HERITAGE 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 Note herein described. The Vendor's Lien and Superior Title to the property are retained for the benefit of TEXAS HERITAGE BANK and are transferred to that party without recourse on Grantor. EXECUTED this 16th day of March, 1 a DYES BONNIE DYESS vot.2693PAOE0753 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 16 day of March, 1995, by Glenn Dyess and wife, Bonnie Dyess. SUSAN PATTERSON Notary Public., Bids et Teas MyCammlebn E¢waa FEB. 1,1996 AFTER RECORDING RETURN TO: TITLE AGENCY OF AUSTIN 1717 IH 35 NORTH, #150 ROUND ROCK, TX 78680 dt N aCry A 1 c, tate of Texas Notary's name (printed): Notary's commission expires: PREPARED IN THE LAW OFFICE OF: TIM L. WRIGHT P. O. Box 112 Round Rock, Texas 78680 VOL 2693puE0754 EXHIBIT "A" FIELD NOTES FIELD NOTES FOR 09999 ACRES our OF THE WHITS DONAHO, IR. SURVEY, ABSTRACT NO. 173 IN WQIIAMSON COUNTY, TIDB4SBEINGTHESAME TRACI' REC)RDEDIN VOL 1143 pa 906 OF THE WIL IAMSON COUNTY, 1EKAs DEED RECORDS. MID TRACT BEING MORE PARTICULARLY DESCIUBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 12' pin found on the North R.O.W. of County Road 113 also known as Kiphen Road said point being on the South line of a remainder tract conveyed to H. Kiphen in Vol. 298 Pg 523 of the Williamson County, Texas Deed Records for the Southwest comer of this tract and the POINT OF BEGINNING. THENCE through the interior of said remainder an recorded in VoL 298 Pg. 523 the following three courses I) N or 46' 55' E, 24134 feet to a 12' iron pin found for the Northwest comer of this tract 2) S 89' 37' 18' E, 18028 feet to an 12" iron pin found for the Northeast comer of this tract. 3) S or 50.233'W, 242.14 feet to a 12' iron pin found on the North line of said remainder tract, also being on the North line of Kiphen Road for the Southeast corner of this tract. THENCE N 89'26' 00' W with the North line of Kiphen Road, 180.14 feet to the POINT OF BEGINNING and containing 0.9999 saes more or less. .t late : 03-20-1995. Ties : 02:03:52 P.B. Filed Recorded in Official Records of RRLIAR5011 County t IX. RUDE HIUILL MICORDERS HAIOHMW At Annetta 80he tat es ibis pap was at clearly kgpls for =Sis atetadd7m. Exhibit A Sketch SERVICE PLAN EXHIBIT PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 5.5 ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD SETTLERS AT HARRELL PARKWAY 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 nearly all large -lot single-family residential. Five of the six parcels in the tract are developed with houses whereas the sixth is a remnant of an adjacent subdivision. Standard single-family residential surrounds the property on the west, north, and east. Old Settlers Park is south of the tract, on the other side of East Old Settlers Boulevard. 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: Police protection - To be provided immediately upon annexation; Fire protection - To be provided immediately upon annexation; First Responder Emergency Medical Services — To be provided immediately upon annexation by the City of Round Rock Fire Department; Ambulance services — Provided by Williamson County EMS 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 - To be provided immediately upon annexation. Existing water and wastewater facilities are shown on Exhibit `B;" the City will provide two bores and extend the wastewater line under East Old Settlers, as shown on Exhibit "B," within the statutory deadline; 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 — As there are none of these facilities on the Property, operation and maintenance of same is not at issue; 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; 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. 2 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 has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. 3 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 required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. 4 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 B Exhibit B DATE: May 7, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: 8G9. 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 5.5 acres located immediately to the northwest of the intersection of East Old Settlers Boulevard and Harrell Parkway between Aaron Ross Way on the east and Settlers Park Loop on the west. (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 to the northwest of its intersection with Harrell Parkway, will help provide consistent police and fire protection along the roadway, and allow land use control over properties abutting this significant corridor. This property is also surrounded by City limits on every side and is thus a classic "donut hole" in City limits. Funding: Cost: Source of funds: $62,000 Self -financed utility construction Outside Resources: N/A Background Information: Parcels comprising this Tract have not been previously platted. Developed properties, which are primarily single-family residential, are served by water wells and septic systems, with one exception. Although water and wastewater lines exist in East Old Settlers Boulevard and Old Settlers Park, respectively, the City has determined the tract is currently not served by municipal utilities for unilateral annexation purposes. Specifically, although a water line is immediately abutting the tract, the wastewater line is at some distance beyond the opposite side of the roadway. The cost noted above is for boring under East Old Settlers Boulevard and installing sleeves. These sleeves, in turn, could house pipes for future connection to the existing wastewater line. 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. The cost of tapping the water line has been determined to be customary and reasonable. - CONTINUED ON NEXT PAGE - The total wastewater connection cost might be considered unreasonable, and thus the City is covering the cost of the bores. With the sleeves in place, the reduced cost to the individual property owner is considered reasonable and customary. Upon annexation, the City will provide the usual compliment of municipal services. The required bores under Old Settlers Boulevard will be completed within 2 1/2 years of the effective date of the annexation. The service plan complies with the requirements of the Texas Local Government Code. The exception noted above is that one of the single-family residences is currently served with municipal water under an out -of -city water service contract executed in 2000. Under the terms of that contract, the owner will connect to a wastewater line when requested by the City, and remit all applicable impact and connection fees. That contract becomes null and void upon annexation of the property by the City. 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 11111111111111 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK IIIIIIIIIIIIIIIII 01 141 II 44DPGS 2009035268 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 -09-05-14-8G9 which annexes 5.5 acres located immediately to the northwest of the intersection of East Old Settlers Boulevard and Harrell Parkway between Aaron Ross Way on the east and Settlers Park Loop on the west. 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. Wetite SARA L. WHITE, City Secretary ORDINANCE NO. A -(-(5" 14 -Aert AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 5.5 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 5.5 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:\ dox\SCC1nts\0112\0905\MUNICIPAL\090514G9. DOC/rmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. H. 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 day of , , 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 , 2009. ATTEST: Sewuk_ SARA L. WHITE, City Secretary Or-) /1„ - ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT HARRELL PARKWAY TRACT DESCRIPTION BEING a 5.5 -acre tract of land, more or Tess, 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 Volume 729 Page 787, Volume 889 Page 639, Volume 905 Page 529, Volume 905 Page 549, Deed Records of Williamson County, and Deeds recorded in Volume 1910 Page 544 and Volume 2693 Page 751, Official Records of Williamson County, said Deeds being attached hereto as Exhibits B, C, D, E, F, and G respectively; SAID 5.5 -acre tract includes a 50' privately -owned access easement described in the aforementioned Volume 729 Page 787 Deed; SAID 5.5 -acre tract also being identified on the accompanying sketch, attached hereto and made a part hereof. 11 ▪ Harry B. Kiphen, Robert A. McElyea, et ux WARRANTY DEED et ux 8480. l • THE STATE OF TEXAS 5 COUNTY OF VPILLIAMSON 5 ENOW ALL MEN BY THESE PRESENTS; That we, Harry B. Kiphen and wife, Bobbie Ruth Kiphen, of �� Williamson County,' Texas, for and in consideration of the sum of ATEN DOLLARS and other good and valuable consideration, to us cash 'i in hand paid by Robert A. McElyea and wife, Grace F. McElyea, the receipt of which is hereby acknowledged and confessed, for 11 which no lien,, either express or implied, is retained; Have GRANTED, SOLD AND CONVEYED, and by these presents do ;!GRANT, SELL AND CONVEY, unto the said Robert A. McElyea and wife, Grace F. McElyea, of Travis County, Texas, the following described property, SUBJECT to the covenants and restrictions hereinafter ;set forth, to -wit: All that cer• tain parcel or tract of land, out of the Willis :Donaho Survey Abstract No. 173, in Williamson County, Texas, and r being a portion of that 41.38 acre tract of land as conveyed to . 'John Berg by Deed recorded in Volume 29, page 325 of the Deed rRecords of Williamson County, Texas, and being more particularly !'described by metes and bounds as follows: !f BEGINNING for reference at an ironin found at a fence !:corner post at the occupied Northwest corner of the above described 41.38 acre tract of land, said iron pin found being also •an inside corner of that certain tract of land as conveyed to • Yvonne Cody Dell by deed recorded in. Volume 455, page 201, of the Deed Records of Williamson County, Texas; THENCE, with the occupied West line of the above described ! ;:41.38 acre tract of land, also an East line of the above described! !;Dell tract of land, S. 00 deg, 314 W. at a distance of 1497.22 ;feet pass a 3/4 inch iron pipe found at the most southerly South- ;'east corner of said Dell tract of land, and continuing along the .same courses for a total distance of 1526.13 feet to a point; THENCE S. 89 deg. 26' E. for a distance of 799.49 feet to :an iron pin set for the Northwest corner and PLACE OF BEGINNING :hereof; THENCE S. 89 deg. 26' E. for a distance of 187.00 feet to fan iron pin set for the Northeast corner hereof; THENCE S. 02 deg. ,an iron pin setinafe04' fence line occupyingt heeNorth of 4R.0.W. linen of County Road No. 113 for the Southeast corner hereof; THENCE, with said fence line occupying the North R.O.W.. line of County Road No. 113, N. 89 deg. 26' W. for a distance :of 187.00 feet to an iron pin set for the Southwest corner hereof; THENCE N. 02 deg. 04' E. for a distance of 242.14 feet to •the PLACE OF BEGINNING, and containing 1.04 acres of land, more 'or less, as surveyed on the ground by James M. Grant, Registered ';Public Surveyor Texas License 1919, on July 18, 1978; together with the non-exclusive free and uninterrupted use, rvon 32,9 PDGF 787 EXHIBIT oresamp,,Terkz•av4:;- mc 729 AGEMS liberty and privilege of passing in and along a certain 50 -foot roadway easement in Williamson County, Texas, out of the Willie Donaho Survey, Abstract No. 173, and being a portion of that 41.38 acre tract of land as conveyed to John Berg by Deed recorded in Volume 29, page 325 of the Deed Records of Williamson County, Texas, said 50 -foot easement being described as follows, to -wit: BEGINNING FOR REFERENCE at an iron pin found at a fence ccorner post at the occupied Northwest corner of the above described 41.38 acre tract of land, said iron pin found being also an inside corner of that certain tract of land as conveyed to Yvonne Cody Dell by deed recorded in Volume 455, page 201 of the Deed Records of Williamson County, Texas; THENCE, with the occupied West line of the above described 41.38 acre tract of land also an East line of the above described Dell tract of land, S. 00 deg. 31' W. at a distance of 1497.22 feet pass a 3/4 inch iron pipe found at the most southerly South- east corner of said Dell tract of land and continuing along the same course for a total distance of 1526.13 feet to a point; THENCE S. 89 deg. 26' E. for a distance of 799.49 feet to an iron pin set for the Northeast corner and PLACE OP BEGINNING hereof; THENCE S. 02 deg. 04' W. for a distance of 242.14 feet to an iron pin set in a fence line occupying the North R.O.W. line of County Road No. 113 for the Southeast corner hereof; THENCE, with said fence line occupying the North R.O.W. line of County Road No. 113, N. 89 deg. 26' W. for a distance of 50.00 feet to an iron pin set for the Southwest corner hereof; THENCE N. 02 deg. 04' E. for a distance of 242.14 feet to an iron pin set for the Northwest corner hereof; THENCE S. 89 deg. 26' E. for a distance of 50.00 feet to the PLACE OF BEGINNING, as surveyed on the ground by James M. Grant, Registered Public Surveyor Texas License No. 1919, on July 18, 1976; together with the perpetual rights of free ingress, egress, and regress to and for the said Robert A. McElyea and wife, Grace F. McElyea, their heirs and assigns, and their tenants, by foot, vehicles, and all modes of transportation as shall by them be necessary or convenient, and at all times and seasons, forever, in, along, upon and out of said way as a non-exclusive easement and in common with us, the Grantors herein, and in common with our predecessors in title to this easement, and to our successors, heirs, assigns and tenants; TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any. belonging unto the said Robert A. McElyea and wife, Grace F. McElyea, their heirs and assigns, forever; And we do hereby bind ourselves, our heirs, executors and • to .729 EAr 7N9 +administrators, to WARRANT AND FOREVER DEFEND, all and singular 'the said premises unto the said Robert A. Mi.Elyea and wife, Grace IF. McElyea, theirheirs and assigns, against every person whomso- lever lawfully claiming, or to claim the same, or any part thereof, `subject to all valid restrictions, easements and reservations of !record applicable to the property herein conveyed, and in addition ;;the property herein conveyed is SUBJECT TO THE FOLLOWING COVENANTS .,AND RESTRICTIONS, to -wit: 1. The property hereby conveyed shall be used for residen- tial purposes only, and no part of same shall ever be used for any !,business or commercial purpose or for carrying on any trade or h ,;profession. Only one single family dwelling shall be erected on i; any single lot. 2. No residence trailers or mobile homes shall be allowed. iiNo old homes shall be moved in upon said lots. Used lumber may be ,,used for construction only after the prior consent of the Restric- i ;;tion Control Committee is obtained. 3. The property shall not be divided or re -subdivided or ;:cut into smaller parels or tracts. 4. No residential dwelling shall be nearer than 80 feet !from the road upon which it fronts and no nearer than 50 feet of ;'any side road to which the property abuts. it i; 5. Permanent residence constructed on the subject property shall have not less than 2000 square feet under roof and must have i;at least 50 per cent masonry siding. Separate garage buildings, :storage sheds and well houses must be all new materiel and must .be of equal construction and design as the main residence. Any ''variation from this.restriction must have prior approval of the ,1 -.Restriction Control Committee. • 6. Temporary residences or construction of out -buildings Imay be permitted on tracts during the construction period of the . permanent residence not to exceed five (5) months and provided the -prior written approval of the Restriction Control Committee is obtained. • • f •1I 1 • NOC 7129 MEW) 7. Any residence constructed on the property shall have a three piece bathroom -minimum and may have a lavatory, commode and shower stall with septic tank and drain field acceptable to Restriction Control Committee. The kitchen shall have a minimum of one kitchen sink and all plumbing is to be installed in keeping with good plumbing practices. No outside toilets shall be permitted. 8. In the event of the installation of a septic tank soil - absorption sewage disposal syatem, the system shall be in accord- ance with minimum recommendations by the Division of Sanitary Engineering, Texas State Department of Health, and inspected by duly authorized agent of the Williamson County Health Department. Written certification by inspecting agent that said installation is within said recommendations shall be presented to Restriction Control Committee by buyer prior to the occupancy of premises, or by any subsequent transfer of title by a subsequent buyer after the installation of said septic tank soil absorption sewage dis- poral system. 9. No hogs shall be alloyed on the property and no noxiou0 or offensive activity shall be carried on upon any lot or shall anything be done thereupon which may be or may become an annoyance or nuisance to the neighborhood. All premises will be kept in e clean and orderly manner at all times. If this is not done.and.a complaint is filed against an owner by a majority of the tract owners owning land within 500 feet of the lot on which there is a suspected violation, Harry B. Xiphen or Bobbie Ruth xiphen shall have the right to clean said tract and charge the owner for cost of cleaning said lot. (Court coats if necessary) 10. The keeping of animals or livestock other than those that can be classified as household pets, shall not be allowed. All household pets must be kept on a lease or in pens. 11. No sign of any kind shall be displayed to -the public '. view on any lot except one sign of not more than five square feet advertising the property for Gale or rent or signs used by the fllj 11! buiider to advertise during construction and sales. rvoc 729 i 791 ij 12. All private yard fences must be kept at all times. `No fence to be over six (6) feet high. 13. No tract shall be used or maintained as a dumping i.(ground for rubbish. Trash, garbage, or other waste shall not be (!kept except in sanitary containers. All incinerators or other R I; equipment for storage or disposal of such materials shall be kept 1I'in a clean and sanitory condition. No. junk or wrecking yards .shall be located upon any tract. Material of any kind atored4n said building shall be arranged in an orderly manner on the rear one-third of said property, shall be properly covered, and shall bo Pallowed only so long as Restriction Control Committee in its best j1 judgment deems such storage to be in the best interest of the !!property. No cars not in use to be stored on said lots. li 14. No firearm shall be discharged. Other explosives ;;shall not be discharged on the premises. is 15. No building shall be erected, placed or altered on any ;'lot until the construction plan specifications and a plan showing tl !the location of the structure have been approved by the Restric- tion Control Committee as to the quality of workmanship and I• materials, harmony and external design and existing structures i' and as to the location with respect to topography and finish ;;grade elevation. At the same time of the delivery of the plans (;and specifications, owner shall also deliver a plot plan of said r tract showing the exact location of the improvements to be con- structed reflecting set back and other information that may be ii desired by the Committee. 16. No tractor -trailer type trucks or dump trucks or other 1! similar large trucks or construction machinery or equipment or �i vehicles shall be parked on any tract at any time except tempora- l! rily while such vehicles are being used in the construction of •il If' improvements on the premises. I, 17. No boats, boat trailers, travel trailers, or other similar property shall be allowed to remain in the driveway, front. II 11 he: 7/E9 vht 782 yard or front street. 18. Drainage structures under private driveways shall always have a net drainage opening area of sufficient size to permit the -free flow of water without backwater. ' 19. Restriction Control Committee herein shall have control and supervision of all lots which shall be sold out of the property apparently owned by Harry B. Kiphen, and the Restriction Control Committee shall be composed of Harry B. Kiphen, Bobbie Ruth Kiphen and Robert Alien McElyea. A majority of this Committee may name a representative to act for it. WITNESS OUR HANDS this, the 25th day of August, 1978. THE STATE OF TEXAS 5 S COUNTY OF WILLIAMSON S Her $ K lapse �7 obbieeth ' en • BEFORE ME, the undersigned authority, on this day personally appeared HARRY a. KIPHEN, known to me to be the person whose name is subecribed'to the foregoing instrument, and acknowledged to ma that he executed the same for the purposes and consideration therein expressed. o GI UNDER UNDER MY HAND AND SEAL OF OFFICE this day. of 1978. 4 : es =+0,4$4!A'1'E OF TEXAS S 5 COUNTY OF WILLIAMSON S BEFORE ME, the undersigned authority, on this day personally appeared BOBBIE RUTH KIPHEN; wife of Harry B. Kiphen, known to me to be the'person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. . . GI J'UNDER M HAND AND SEAL OF OFFICE this o29 day of. , 1978. Notary f uib L In anor Williamson County, Texas _.. lk 51 II,' _ t S.� Notary public in an for % �t; \\ _ Williamson County, Texas TEE STATE OP TEXAS "� county of W,'..TII ii un t. J ..t`'�/�.iD .J Cervenka,Clerk of the County Court of raid County, de hereby certify W that the foregoing arur t kl.wfaild(Mth Its certificate or authentlatton. wan filed for record In air oaks on the_...2A.th._..dai,rof�._:tepti!.___--. . 1079._, a:._�r.3a._.._.cehseh..P.....J'c., and duly recorded the the._.___213.t..day ar.;..-Sept--_ i+. it�fa_Z8, at._1U.t_a.4__.aa«>z.A_x. in the._..._. .__ .,c. _..._,..._.Deed....____.. ,:< . �Retards of SSW Candy, In.._7.2. va2__.._ nv_.7..a7.._.._.,_ wrnitss MVO and evil 4Z.;ie County Court of said County, at gilts to Georgetown. ?eras, the dote Dbarc Written- • rya 729 PACE 793 Byr DICK CERVENKA.. CLERK. County Court. Williamson County, Tuts �1� a: - ::sem tilrtii3:i�:;;yii,�,,,�'�' �:.M!�rw'�'!_'yl.'k'r ':,�':^'?�w►?ra?��d^!ii.�'x. Harry 8. Xiphen, et ux THE STATE OP TEXAS COUNTY OF WILLIAMSON JRB:ht 8-24-82 • v 889P►cE 639 TO WARRANTY DEED Jerome Greenough, et ux s 1114 S KNOW ALL MEN BY THESE PRESENTS: s That we, Harry 8. Xiphen and wife, Bobbie Ruth Riphen, of Williamson County, Texas, for and in consideration of the sum of TWO THOUSAND TWO HUNDRED FORTY AND NO/100 ($2,240.00) DOLLARS, to us paid and secured to be paid by Jerome Greenough and wife, Mary Jo Greenough, as follows: The num of TWO HUNDRED AND NO/100 ($200.00) DOLLARS cash in hand paid, the receipt of which is hereby acknowledged and confessed, and the balance of TWO THOUSAND PORTY AND NO/100 ($2,040.00) DOLLARS being represented by one (1) certain promissory note of even date herewith, executed by Grantees and due and payable to the order of Harry 8. Kiphen at 4100 Eiphen Road, Round Rock, Williamson County, Texas, 78664, or at such place as designated by him, in eleven (11) monthly installments, the first ton C10) of such monthly installments being in the amount of TWO HUNDRED AND NO/100 ($200.00) DOLLARS each and the eleventh (11th) and final installment being in the amount of FORTY AND NO/100 ($40.00) DOLLARS, the first install- ment being due and payable on or before September 25, 1982, and one installment to become due and payable on or before the 25th day of each succeeding month thereafter until fully paid, bearing interest from and after.maturity at the rate of twelve (12%) per cent per annum, and containing the usual and customary fees and clauses; said note being additionally secured by Deed of Trust.af even date herewith, executed by Grantees to Leland R. Enocha, Trustee, HAVE GRANTED, SOLD AND CONVEYED, and by these presents DO GRANT, SELL AND CONVEY, unto the said Jerome Greenough and wife, Mary To Greenough, of 1109 Long Meadow, Round Rock, in Williamson County, Texas, 78664, all of the following -described property, SUBJECT to the covenants and restrictions hereinafter set forth, to -wit: Being a 1.00 -acre tract of land situated in the Willie Donahoe, Jr. Survey, Abstract No. 173, Williamson County, Texas, EXHIBIT VOL 889rLSE 640 •44 JRB:ht 8-24-82 Page 2 • and being a part of that certain first tract called 50.00 acres of that certain 91.38 -acre tract of land conveyed by deed to August Riphen, et ux, as recorded in Volume 298, page 523, Deed Records of Williamson County, Texas; surveyed on the ground in the month of August, 1982, under the supervision of R. T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin found in the North line of County Road No. 113, also being the South line of said 50.00 -acre Riphen tract, marking the S.E. corner of a certain 0.468 -acre tract of land conveyed by deed to Sharon E. Maxwell, et vir, as recorded in Volume 771, page 33, Deed Records, Williamson County, Texas, for the S.W. corner hereof; THENCE North* 0.deg. 03' 30" East, 240.00 feet to iron pin found marking the N.E. corner of said 0..468 -acre Maxwell tract, for the N.W. corner hereof; THENCE South 88 deg. 52' East, 181.50 feet to iron pin set for the N.E. corner hereof; THENCE South 0 deg. 03' West, 238.21 feet to iron pin set in said North line of County Road No. 113 for the S.E. cor- ner hereof; THENCE North 89 deg. 26' West, 181.50 feet with said North line to the place of beginning and containing 1.00 acre of land. TO HAVE AND TO HOLD the above-described premises, to- gether with all and singular the rights and appurtenances thereto in anywise belonging unto the said Jerome Greenough and Mary Jo Greenough, their heirs and assigns, forever; And we do hereby bind ourselves, our heirs, executors, and administrators, to WARRANT AND FOREVER DEFEND, all and. singular the said premises unto the said Jerome Greenough and Mary Jo Greenough, their heirs and assigns, against every person whomeover lawfully claiming, or to claim the same, or any part thereof, SUBJECT to all valid restrictions, easements and reservationa.of record applicable to the property herein con- veyed, and in addition, the property herein conveyed is SUBJECT TO THE FOLLOWING COVENANTS AND RESTRICTIONS, to -wit: 1. The property hereby conveyed shall be used for residential purposes only, and no part of same shall ever be used for any business or commercial purpose or for carrying on any trade or profession. Only one single family dwelling shall be erected on any single lot. 2. No residence trailers or mobile homes shall be allowed. No old homes shall be moved in upon said lots. Used lumber may be used for construction only after the prior consent of the Restriction Control Committee is obtained. • "o Jyl-' •A" P777_ ^cTr_.f�. 4T fl'ii: ?a . � e A:��iF.'.f /•.":Ya" -.AL � "�V�..�:'-•.:Cl'�tY ray 0 JRB:ht 8-24-82 -Page 3 889eatE 641 • 3. The property shall not be divided or re -subdivided or cut into smaller parcels or tracts. 4. No residential dwelling shall be nearer than eighty (80) feet from the road upon which it fronts and no nearer than fifty (50) feet of any side. road to which the property abuts. 5. Permanent residence constructed on the subject property shall have not less than sixteen hundred (1,600) square feet under roof. Separate garage buildings, storage sheds and well houses must be alt new material and must be of equal con- struction and design as the main residence. Any variation from this Restriction must have prior approval of the Restriction Control Committee. 6. Temporary residences or construction of out- buildings may be permitted on tracts during the construction period of the permanent residence not to exceed five (5) months and provided the prior written approval of the Restriction Con- trol Committee is obtained. 7. Any residence constructed on the property ehall have a three (3) piece bathroom minimum and may have a lavatory, commode and shower stall with septic tank and drain field accept- able to Restriction Control Committee. The kitchen shall have a minimum of one (1) kitchen sink and all plumbing is to be installed in keeping with good plumbing practices. No outside toilets shall be permitted. 8. In the event of the installation of a septic tank soil -absorption sewage disposal system, the system shall be in accordance with minimum recommendations by the Division of Sanitary Engineering, Texas State Department of Health, and inspected by duly authorized agent of the Williamson County Health Department. Written certification by inspecting agent that said installation is within said recommendations shall be presented to Restriction Control Committee by buyer prior to the occupancy of premises, or by any subsequent transfer of title by a sub- sequent buyer after the installation of said septic tank soil absorption sewage disposal system. JRB:ht 8-24-82 Page 4 VOL 8891.4E642 9. No hogs shall be allowed on the property and no noxious or offensive activity shall be carried on upon any lot or shall anything be done thereupon which may be or may become an annoyance or nuisance to the neighberhood. .A11 premises will be kept in a clean and orderly manner at all times. If this is not done and a complaint is filed against any owner by a majority of the tract owners owning land within five hundred (500) feet of the lot on which there is a ,suspected violation, Harry B. Kiphen or Bobbie. Ruth Kiphen shall have the right to clean said tract and charge the owner for cost of cleaning said lot (Court costs if necessary). 10. The keeping of animals or livestock, other than those that can be classified as household pets, shall not be allowed. All household pets must be kept on a leash or in pens. 11. No sign of any kind shall be displayed to the public view on any lot, except one (1) sign of not more than five (5) square feat advertising the property for sale or rent or signs used by the builder to advertise during construction and sales. 12. All private yard fences must be kept at all times. No fence is to be over six (6) feet high. 13. No tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition. No junk or wrecking yards shall be located upon any tract. Material of any kind stored in (said building shall be arranged in an orderly manner on the rear one-third (1/3rd). of said property, - shall be properly covered, and shall be allowed only so long as Restriction Control Committee in its best judgment deems such storage to be in the beat interest of the property. No cars not in use are to be stored on said lots .14. No firearm shall be discharged. Other explosives shall not be discharged on the premises. .15. No building shall be erected, placed or altered • r • R.ti.�-r.�ras.._ "w._ _ ....: r: y�j.:%771 :Y'':_? "�5, 7y;+>rgw•is. JRBtht 8-24-82^ Page 5 YR 889m 643 on any lot until the construction plans, specifications and a plat showing the location of the structure have been approved by the Restriction Control Committee as to the quality of workman- ship and materials, harmony and external design and existing structures and as to the location with respect to topography and finish grade elevation. At the same time of the delivery of the plans and specifications, owner shall also deliver a plot Ian of said tract showing the exact location of the improve- nts to be constructed, reflecting set -back and other informa- tion that may be desired by the Committee. 16. No tractor -trailer type trucks or dump trucks or Fther similar large trucks or construction machinery or equip le nt or vehicles shall be parked on any tract at any time, except temporarily while such vehicles are being used in the construction of improvements on the premises. 17. No boats, boat trailers, travel trailers, or other similar property shall be allowed to remain in the driveway, front yard or front street. 18. Drainage structures under private driveways shall iways have a net drainage opening area of sufficient size to omit the free flow of water without backwater. 19. Restriction Control Committee herein shall have r ontroi and supervision of all lots which shall be sold out of 'the property apparently owned by Harry B. Riphen, and the Re- striction Control Committee shall be composed of Harry B. Riphen, Bobbie Ruth Riphen and Jerome Greenough. A majority of this Committee may name a representative to act for it. But it is expressly agreed and stipulated 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 and tenor, effect and reading thereof, when this deed shall become absolute. £,„.7.:,. a�;'3 •�F• : x''+:.:-.., JRB:ht 8-24-82 Page 6 VOL 889PAGE 644 WITNESS OUR BANDS this, the 25th day of August, 1982. /7/ _44 . 4 -+'4/ THE STATE OF TEXAS COUNTY OF WILLIAMSON r late Itu“ht;n1/' THIS INSTRUMENT day of.sma2ptember• Y P "44 ,k07 **'11 \ ' co ...... LF THE STATE OF TEXAS was acknowledged before me on the 15th , 1982, by BARRY B. KIPMEN. elclico-CA,IA-1/L) COUNTY OF WILLIAMSON Notary Public in and for the State of Texas Printed Bertha Tschoerner Name My Commission expires Apr. 30. 1982 5. 5 THIS INSTRUMENT was acknowledged before me on the 15th day of September , 1982, by BOBBIE RUTH KIPHEN, wife of Marry B. Kiphen. poet. •cr:•••••••••••..e''s ° a4, 10% ; 0,z • ..OF.. Notary Public in and for the State of Texas Printed Name Bertha Tschoerner My Commission expires •Apr. 30. 1985 ‘ , . .. . . ..I.V . . . .1t2.g..X. :V' .. . ..v.r..S.C'.'r:..F5r'.'ri77-'1.1rP.rIVA7.fttOrgrriY‘WZPF77vr.VTNS ..tr,v7WA,r,-,,,,,r14'5179q9rOPF-L,.‘", t -• t , - -V'. g...n.,....gV.,,e,'41.: V -9, -.,,,T5 . . . . . . . . . . \ \ •••• . . . . . . . . . . . AIM THE STATE OF TEXAS County of Wifillueson 1, Jum3N. Boydium,CatotheOciumyOwil amid Coimmdotterthym-- tify, that the foregoing Instrument in writing, with its certifituf-or.atnitehtication, was filed for record in my office on the 17th Sept. In% . P. dayof A D W , at, ;1 - o and duly minded this day ofAO 111125 ' M.. ill Me 20th Sept.p. —pp 639 R#41-derOf said gpioty, seal of the Couky Court of sa11.9pirettk, at office In Georgetown, Texas, the date P 'Ile- V MIMES N. BOYDSTON. CLERK. . County Court, Williamson County, Texas Deed MESS MT HAND last above written ,01.41 -a• STATE OF TEXAS COUNTY OF WILLIAMSON () O O KNOW ALL MEN BY THESE PRESENTS: That ti'OL JDD" cE 29 WARRANTY DEED r033 BARRY B. KIPHEN apd wife,, BpBBZA. RUTH, yIP N hereafter referred to as Grantors (whether one or more) for and in consideration of the payment by ilt1)14P. GREFt1 V 1t. at►I.Nif .. J9.0i09VGkt 1)oq(. L m 1.ROs c -'Pock , rl?' ?1 L hereafter referred to as Grantees (whether one or more) of a certain cash consideration, the receipt of which is hereby acknowledged by the Grantors, and for the additional consideration, if any, specified in the attached Exhibit "B" which is incorporated herein by reference, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL AND CONVEY unto Grantees, subject to any reservations hereinafter made, all of the real property described in the attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the herein described premises, together with all and singular the. rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantee's heirs, successors and assigns forever; and Grantors do hereby bind Grantors, Grantor's heirs, executors and administrators or successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantees, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. E3. If checked the note or notes executed or assumed by Grantees and described in the attached Exhibit "B" are secured by a vendor's lien herein retained. Superior Title in and to the property, premises and improvements described in Exhibit "A" is hereby retained until the promissory note or notes executed or assumed herein by Grantees have been fully paid according to the face, tenor, effect and reading thereof when this Deed shall become absolute. D . If checked, the Vendor's Lien retained herein to secure payment of the note payable to . Payee, together with Superior Title in and to said property are hereby TRANSFERRED, ASSIGNED, SOLD AND CONVEYED to the above named Payee for value received. 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, -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. EXECUTED this 18 day of January, 1983. B EIPH� Y r-411k4t1L- B BBO IE RUTH KIPHEN EXHIBIT „p„ vitt 005paGE 530 STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME. the undersigned authority. on this day personally appeared . AARRY .B.. KIMEN Ansi. Mit?. . BOBBIE'.RUTH .XiPRE,N known to me to be the person. O...w11rsie trameP. Are subscribed to the foregoing instrument. and acknowledged to me that ...Chet'... executed- the same ten the. purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this .., slay of .....IanuA7cy 19.83... STATE (rF TEXAS COUNTY OF (1 l) ( Notar �3Tf . • vnilta a rs (Printed or stamped name of notary) BEFORE: ME. the undersigned authority. on this rlay personally appeared known to me to be the person.... whose name.... subscribed to the foregoing instrument, and acknowledged to me that '....he.... executed the same for the purposes and c+rnsideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of 19 STATE OF TEXAS t:(11iNTi OF Notary Public in and for County. Texas (Printed or stamped name of notary) BEFORE ME. the undersigned authority, on this day personally appeared of a corporation. known to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that ....he.... ex-- ecute d the same for the purposes and consideration therein expressed. in the capacity therein stated and as the act. and deer) of said corporation. G11'EN UNDER MY HAND AND SEAL OF OFFICE this day of • 19 Notary Public in and for County, Texas (Printed or stamped name of notary) EXHIBIT "A" BEING a 0.50 acre tract of land situated in the Willie Donahoe, Jr., Survey, Abstract No. 173, Williamson County, Texas, more fully described by metes and bounds in the attached Exhibit:"C" incorporated herein for all pertinent purposes. EXHIBIT "B" VOL 905 *GE 531 The conveyance in the attache! Warranty Deed is made in consideration of the following 1 dated August 25, 1982 ®. Grantees execution and delivery of one certain promissory note ofamobthamckaystaakitia the original principal amount of $ 2,040.00 bearing interest at the rate therein provided, payable to the order of ..BARRY .4..KIIKE$ .and JW 11.KIEt1EN . containing provisions for acceleration of maturity and secured by the Vendor's Lien herein retained and by the lien of a Deed of Trust this day given by Grantees to LELAND R. ENDERS Trustee. O. Grantees assumption and promise to pay according to the terms thereof all of the principal and interest now remaining unpaid on that one certain promissory note in the original principal sum of $ . dated payable to the order of more fully described in and secured by a vendor's lien retained in deed of even date therewith recorded in Volume , Page , of the Deed Records of the county in which the property herein conveyed is located and additionally secured by a Deed of Trust of even date therewith to • Trustee; recorded in Volume . Page . of the Deed of Trust Records of the same county, and Grantees assumption and promise to keep and perform all of the covenants and obligations of the Grantors named in said Deed of Trust. D. Grantees execution and delivery of a Deed of Trust to additionally secure the payment of the note assumed herein. K�p�E4J � x VOL 905P/GE 532 QUG. (020) 5c23 a LIg —I �• 1-4 4-`�� .1,P s 1..15 i I $. w.ss• ass-sz•4 s 1,,: % It.. 0� O r $ 3 S 7470-1 lit 'r OGPa• ,0t q CI. Sp.O 407` 98 was' '117a1 3 • 41•2. 1 �P I144. C:trk 4•�� e u } L moo' 1041412' I lop o9 11 o-50 AG M 3ess• .b 61,E0446++ Acre' (,,49 •e.p N P 069 IC' 3C °° 0. 69,4c. . o....,. co c.,.</TY • ,Q c7 A 113 •m Li it /00' rw, - /OY, .ISI. iwr /Ir FIELD NOTES FOR JEROME GREENOUGH: BEING a 0.50 acre tract of land situated in the Willis Donahoe, Jr., Survey,. Abstract No. 173, Williamson County, Texas, and being a part of that certain first tract, called 50.00 acres of that certain 91.38 acre tract ofland conveyed by deed to August Kiphen. et ux, as recorded in Volume 298, Page 523, Deed Records. Williamson County, Texas. Surveyed on the ground in the month of January, 1983, under the supervision of R. T. Magness Jr., Registered Public Surveyor. and being more particularly described as follows: BEGINNING at an iron pin found in the South line of said 91.38 acre Kiphen tract. also being the North line of County Road No. 113. marking the S.E. corner of a certain 1,00 acre tract of land conveyed by deed to Jerome and Mary Jo Greenough as recorded in Volume 889, Page 639, Deed Records, William- son County. Texas, for the S. W. corner hereof;._ • THENCE, N 00° 03' E, 238.21 feet to iron pin found marking the N.E. corner of said 1.00 acre Greenough Tract for the N.W. corner hereof; • THENCE, S 88° 52' E. 91.62 feet to iron pin set for the N.E. corner hereof; THENCE, S 00" 03' W, 237.30 feet to iron pin set in the said South line of 91.38 acre Kiphen Tract, also being the said North line of County Road No. 113, for the S. E. corner hereof; THENCE, N 89° 26' W. 91.62 feet with said North line of County Road No. 113 to. the Place of BEGINNING and containing 0.50 acre of land. STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON• j I. R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that the above-described tract of land was surveyed on the ground under my personal supervision during the month of January, 1983, and that said description is true and correct to the beat of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown. Williamson County, • Texas. this the 17th day of January, 1983, A.D. lh Regis t *�ot'fE OF . tti r.iess tar.- •c Sury yor, %10•% T1433.... 5.• .. :i Texas •, . '.a°� ii .:q i t •33 • -( THE STATE OF TEXAS VOL §O5? E 533 County of Williamson 3 1, James N. Boydston. Clerk of the County Court of said County, do hereby cer- tify that the foregoing instrument in writing, with its certificate-of authentication, was Med for record in my office on the 7th day of Feb. A.D 19 C3 at8 = 1.') o'clock • A M., and duly recorded this the 7th day of Feb . A D 19 u 3 ; at 11.: 27. o'ckktck A _ M in the need _Records of said County, in Vol 9 n 5 pp 5 3 9 WITNESS MY HAND and seal of the County Court of said County. at office In Georgetown, Texas, the date last above written. P,,-.. \ JAMES N. BOYDSTON, CLERK, By D'^• any ' County Court, Williamson County. Texas EXHIBIT „E„ STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That VOL 9fl5 E 549 WARRANTY DEED 411A40,1.4:.r1A +k , aqa husband,.7ESSIEF. MAXWELL hereafter referred to as Grantors (whether one or mbre) for and in consideration of the payment by .. RopAncr. p 3J ,7piimpp and wife, JOYCE D. JOHNSON whose address is 4102 Kiphen, Round Rock, Texas 78664 hereafter referred to as Grantees (whether one or more) of a certain cash consideration, the receipt of which is hereby acknowledged by the Grantors, and for the additional consideration, if any, specified in the attached Exhibit "B" which is incorporated herein by reference, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL AND CONVEY unto Grantees, subject to any reservations hereinafter made, all of the real property described in the attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the herein described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantee's heirs, successors and assigns forever; and Grantors do hereby bind Grantors, Grantor's heirs, executors and administrators or successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantees, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. lid. If checked the note or notes executed or assumed by Grantees and described in the attached Exhibit "B" are secured by a vendor's lien herein retained. Superior Title in and to the property, premises and improvements described in Exhibit "A" is hereby retained until the promissory note or notes executed or assumed herein by Grantees have been fully paid according to the face, tenor, effect and reading thereof when this Deed shall become absolute. ❑. If checked, the Vendor's Lien retained herein to secure payment of the note payable to . Payee, together with Superior Title in and to said property are hereby TRANSFERRED, ASSIGNED, SOLD AND CONVEYED to the above named Payee for value received. 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, 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. EXECUTED this /8 day of January, 1983. nrn . N E. MAXWELL SIE F. MAXWELL Vllt 305?M 550 STATE i)F TEXAS COUNTY OF TRAVIS BEFORE ME. the undersigned authority, on this day personally appeared ..SHARQH. E.. I,;..- ..hushnntl...4PAI.X..14AXWELL known to me to be the person . !.. whose name!. are subscribed to the foregoing instrument. and acknowledged to me that .. theY... executed the ,'ame for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this .. I!4 83.... ! :� �• „ January' I/„Ore Notar . i r n � tatnt�.. i .... . n . '.;Ara..vi CY1C T rse E �� ) (Printed nr stamped name of notary) O EXHIBIT "A" BEING a 0.468 -acre tract of land situated in 'the Willis Donaho Survey Abst. No. 173, in Williamson County, Texas and being a part of a 41.38 -acre tract as deacribed in a Deed to John Berg and of record in Vol. 29, page 325 of the Deed Records of Williamson County, Texas, and being more particularly described as follows: BEGINNING at an iron pin set in the north R.O.W. line of County Road 113 for the S.W. corner of this, said point being S. 89' 26' E. 204.7 feet from the S.E. corner of a 1.04 - acre tract of land conveyed to Robert A. McElyla and wife, Grace F. McElyla, and described in a deed recorded in Vol. 729, page 787 of the Deed Records of Williamson County, Texas; THENCE N. 02° 04' W. 240 feet to an iron pin for the N.W. corner of this; THENCE S. 86.' 26' E. 85 feet to an iron pin for the N.E. corner of this; THENCE S. 02° 04' E. 240 feet to an iron pin in the north R.O.W. line of County Road 113 for the S.E. corner of this; THENCE with the north R.O.W. line of said road N. 89' 26' W. 115 feet to the place of BEGINNING, as surveyed on the ground by Jack P. Fulcher, Registered Public Surveyor No. 1642 of the Stats of Texas. EXHIBIT "B" Grantees assumption and promise to pay according, to the terms thereof all of the.principal andinterest now remaining unpaid on that one certain promissory note in the original principal sum of $51,120.00, dated July 31, 1979, payable to the order of JIM WALTER HOPES, INC., more fully described in and secured by a Mechanic's Lien Contract recorded in Voltsae 44, Page 809,• of the Mechanic's Lien Records of Williamson County. Texas. • THE STATE OF TEXAS i County of Williamson ) I, James N. Boydston, Clerk of the County Coon of said County. do hereby cer- tify that the foregoing instrument in writing, with Its =Unman of authentication, was filed for record In my office on the 7th day of FPI') _ A D. 19_aa.. at_ 9 • O o'clock M , and duly recorded this the 7th day of FPh A D I9_111. at 19ro'clock_ M., in the IIPP[i - Records of saidCounty.iAYo1 9'14 pp ridQ WITNESS MY HAND and sal of the County Cottrtpf said Comity, at nffiee in Georgetown. Tmtas, the dare last above written: JAMES N. BOYDSTON. CLERK, County Court, Williamson County. Texas 'lop1' 7� voL1910Paa544 17691 GENERAL WARRANTY DEED THE STATE Or TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY Or WILLIAMSON ) THAT HARRY B. KIPHEN AND WIFE■ BOBBIE RUTH RIPHEN WILLIAMSON County. Texas, hereinafter called "Grantor" , for and in consideration of the sum of Ten and No/100 Dollara ($10.00) And other good and valuable consideration to Grantor in hand paid by MARVIN FRED_RICK RAD AND_ WIFI.. GRACE MARGARIT, RMI hereinafter Calle "Grantee", whose mailing address is 4100 RIPHEN_ ROAD ROUND ROCK. TEXAS 7$j4 ,[he receipt and sufficiency of which is hereby acknowledged, and the further consi- deration of the execution and delivery by said Grantee of one certain Promissory Note in the principal sum ofpIFTy_NINE THOUSAND FIV HUNDRED TWENTY-NINE AND vOLlnn Dollars ($ 59.529.00 ), of even date herewith, .payable to the order of MERCANTILE MORTGAGE CORPORATION, hereinafter called "Mortgagee", bearing interest at the rate therein provided; said Note containing attorney's fee clause and various acceleration of maturity clauses in case of default, and being secured by Vendor's Lien and Superior Title retained herein in favor of said Mortgagee, and also being secured by Deed of Trust of even date herewith frau Grantee to Jim C. Hodge, Trustee, Grantor has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto said Grantee, the following described property located in WILLIAMSON County, Texas, to wit: BEING 1.17 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 ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. of Mortgagee has, at. the special instance and requsat of Grantee, paid to Grantor a portion of the purchase price of the property hereinafter described, as evidenced by the above described Note, said Vendor's Lien and Deed of Trust Lien against said property securing the payment of said Note, are hereby assigned, transferred and delivered to Mortgagee, 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 TO HAVE AND Ta HOLD the above described premises, together with all and singular the rights and appurtenances thereunto in anywise belonging unto said Grantee, Grantee's heirs and assigns, forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors and administrators, to WARRANT and FOREVER DEFEND all and singular the said premises unto said Grantee, Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Page 1 of 2 MMC 401 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 07/DEEDS4/12.31.85/MMC/TX • • EXHIBIT \\ F// • VOL 1910na545 This conveyance is made subject to all and singular the restrictions, easements, exceptions, conditions and covenants, if any, applicable to and enforceable against the above described property as shown by the records of said County, as well as ad valorem taxes for current and subsequent years. But it is expressly agreed that the Vendor's Lien and superior title is retained in favor of the Payee of said Note 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, or when the Grantee is more than one person, the inatrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation, the words "heirs, executors and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns". Executed JUNE 5, , 19 90 THE SPATE OP TEXAS COUNTY OpWILLIAMSON • HA Rk Y Bl KIPH(1/ BO�8 6TFF Et;,•,...• INDIVIDUALS) ACKNOWLEDGEMENT ) as. ) Thia instrument vas acknowledged before me on this 13th day of June , 19,90 byHARRY 8. KIPHEN ANU court, bonnie. KV ln nirnan • �!yloommi8 Sion expires: . THE STATE Or TEXAS COM= CP ) ) aa. ) of Texsa l) atld f Notary Polic in or the State f ~'' BETTY SMITH - -. . i" M,CuM"won[ 'mN cti 1922 This instrument was acknowledged before me on this day of 19 , by My commission expires: Notary Public in and for the State of Texas RETURN ORIGINAL TO: MARVIN FREDRICK i GRACE MARGARITE RAU 4100 KIPHEN ROAD ROUND ROCK, TEXAS 78664 Page 2 of 2 MMC 401 07/DEEDS4/12.31.85/Ml1C/TX i 1 VOL 191011,446 EXHIBIT A MITES AND BOUNDS DESCRIPTION 1.17 ACRES BEING PART OF THE WILLIS DONANO SURVEY ABSTRACT NO. 173 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 91.38 ACRE TRACT OF LAND DESCRIBED IN A DEED TO AUGUST KIPHEN AND WIFE, TRACY KIPHEN, RECORDED IN VOLUME 298, PAGE 523, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" rebar found at a fence post at the occupied northwest corner of said Kiphen 91.38 acre tract of land; THENCE with the west line of said Kiphen tract, 5 00 deg. 31' W at a distance of 1497.22 feet pass an iron pipe found and continuing with the same course for a total of 1526.13 feet; THENCE S 89 deg. 26' E 986.49 feet to a 1/2" rebar found at the northeast corner of that certain 1.04 acre tract of land described in a deed form Kiphen to Robert A. McElyea and wife recorded in Volume 729, Page 787, Official Records of Williamson County, Texas, for a point of the west line and PLACE OF BEGINNING hereof; THENCE with the west line hereof, N 01 deg. 51' 16" E 12.00 feet to a 1/2" rebar set for the northwest corner hereof; THENCE S 89 deg. 26' 48" E 196.52 feet to a 1/2" rebar set for the northeast corner hereof; THENCE S 00 deg. 01' 49" W at a distance of 15.01 feet pass a 1/2" rebar found at the northwest corner of that certain 0.468 acre tract of land described in a deed from Kiphen to Sharon E Maxwell and husband, Jessie F. Maxwell, recorded in Volume 771, Page 32, Official Records of Williamson County, Texas, and continuing with the same course for a total distance of 254.93 feet to a 1/2" rebar found at Maxwell's southwest corner, in the north r.o.w. line of Kiphen Road (County Road 113) for the southeast corner hereof; THENCE with the north r.o.w. line of Kiphen Road, N 89 deg. 26' W 204.63 feet to a 1/2" rebar found at McElyea's southeast corner for the southwest corner hereof; THENCE N 01 deg. 51' 16" E 242.94 feet to the PLACE OF BEGINNING and containing 1.17 acres of land, more or less. STATE OF TEXAS COUNTY OF WILLIAMSON that this Instrument was FILED on tee daleeaand at the lime stamped hereon be Volume anPage and was duly of th, named RECORDS of Williamson County. Texas. as stamped hereon by me, on JUN 15 1g90 i�X" COUNTY cLEeX 64 WILLIAMSON COUNTY. TEXAS GF#95016674 VOL. 2693PAGEOn1 DOC# 9510800 WARRANTY DEED WITH VENDOR'S LIEN Date: MARCH 16, 1995 Grantor: GLENN DYESS AND WIFE, BONNIE DYESS Grantor's Mailing Address (including county): 4000 Kiphen Road Round Rock, TX 78664 Williamson County Grantee: LUCIANO RIVERA, JR. AND WIFE, ALICE C. RIVERA Grantee's Mailing Address (including county): 1717 Egger Avenue Round Rock, TX 78664 Williamson County Consideration: For the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration paid to the undersigned by the Grantee herein named, the receipt and sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery by Grantee of Grantee's Note of even date herewith that is in the principal amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), payable to the order of TEXAS HERITAGE BANK of P. O. Box 249, Hutto, Texas 78634. The Note is secured by a Vendor's Lien retained in favor of TEXAS HERITAGE BANK in this Deed and by a Deed of Trust of even date herewith from Grantee to Dale M. Alley, Trustee. Property (including any improvements): BEING 1.0 ACRE OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO. Reservations from and Exceptions to Conveyance and Warranty Easements, rights-of-way, and prescriptive rights of record; all presently recorded restrictions, reservations, covenants, mwAMSOH COUNry TEXAS EXHIBIT voi. 2 6 9 3 PAGE 0 7 2 conditions, oil and gas 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 discrepancies, conflicts, or shortages in area or boundary lines, any encroachments or overlapping of 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. taxes for current year, the payment of which Grantee assumes. 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 any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors administrators, and sins 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 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. When the context requires, singular nouns and pronouns include the plural. TEXAS HERITAGE 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 Note herein described. The Vendor's Lien and Superior Title to the property are retained for the benefit of TEXAS HERITAGE BANK and are transferred to that party without recourse on Grantor. EXECUTED this 16th day of March, 1 vat. 2693PAGE07:;3 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 16 day of March, 1995, by Glenn Dyess and wife, Bonnie Dyess. .. SUSAN PATTERSON Notary Pubtic, State of Texas My Commission Expires FEB. 1,1996 AFTER RECORDING RETURN TO: TITLE AGENCY OF AUSTIN 1717 IH 35 NORTH, *150 ROUND ROCK, TX 78680 Ncsry Public, State of Texas Notary's name (printed): Notary's commission expires: PREPARED IN THE LAW OFFICE OF: TIM L. WRIGHT P. O. Box 112 Round Rock, Texas 78680 VOL 2693PAGEO75.4 EXHIBIT "A" FIELD NOTES FIELD NOTES FOR 09999 ACRES OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT NO. 173 ELY WILIIAMSON COUNTY, TEXAS BEING THE SAME TRACT RECORDED IN VOL 1143 PG. 906 OF THE WIL IAMSON COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" pin found on the North R.O.W. of County Road 113 also known as Kiphen Road said point being on the South line of a remainder tract conveyed to H. Kiphen in Vol. 298 Pg. 523 of the Williamson County, Texas Deed Records for the Southwest corner of this tract and the POINT OF BEGINNING. THENCE through the interior of said remainder tract recorded in VoL 298 Pg. 523 the following three courses: 1) N 0146' 55" E, 241.54 feet to a 12" iron pin found for the Northwest corner of this tract 2) S 89' 37' 18" E, 18028 feet to an 12" iron pin found for the Northeast corner of this tract. 3) S 01" 50' 28" W, 242.14 feet to a 12" iron pm found on the North line of said remainder tract, also being on the North line of Kiphen Road for the Southeast corner of this tract. THENCE N 89°26' 00" W with the North line of Kiphen Road, 180.14 feet to the POINT OF BEGINNING and containing 0.9999 acres more or less. :it :-•-� �:-is}:-:... Date : 03-20-1995 Ti.. : 02:03:52 P.R. Filed t Recorded is Official Records of WILLIAMSON Cossty, TX. ELAINE DIIIELL All arporta eftMtext esIda pap was not dearly legible for adislactory recordation. Exhibit A Sketch SERVICE PLAN EXHIBIT D D� 1113" PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 5.5 ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD SETTLERS AT HARRELL PARKWAY 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 nearly all large -lot single-family residential. Five of the six parcels in the tract are developed with houses whereas the sixth is a remnant of an adjacent subdivision. Standard single-family residential surrounds the property on the west, north, and east. Old Settlers Park is south of the tract, on the other side of East Old Settlers Boulevard. 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 - To be provided immediately upon annexation. Existing water and wastewater facilities are shown on Exhibit "B;" the City will provide two bores and extend the wastewater line under East Old Settlers, as shown on Exhibit "B," within the statutory deadline; 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 — As there are none of these facilities on the Property, operation and maintenance of same is not at issue; 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; 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. 2 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 has all capital improvements in place which are necessary for providing municipal services adequate to serve the Property. No new capital improvements will need to be acquired or constructed in order to provide municipal services adequate to serve the Property. E. Section 43.056(f) prohibits the service plan from requiring the creation of another political subdivision, from requiring landowners in the area to fund capital improvements necessary to provide services, and from providing services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City before annexation. The City will not require the creation of another political subdivision. As there are no capital improvements necessary to provide services to the Property under its current use, the City will not require landowners of the Property to fund capital improvements. However, if and when the Property is developed, platted, or the current use of the Property changes in the future, landowners may be required to fund capital improvements in accordance with state law and City ordinances and regulations. The City is currently able to provide municipal services to the Property in a manner that will not have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the City. F. Section 43.056(g) requires a determination of whether the area proposed for annexation had a lower, equal, or higher level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. Due to the current use of the Property, it has a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the City before annexation. 3 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 required payment of landowners' costs and reasonable attorney's fees in bringing the action for writ. 4 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 Ordinance No. A -09-05-14-8G9 Annexing 5.5 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 OFFICIRL PIBLIC RECORDS 2009035268 05/20/2009 03:23 PM SURRATT $188.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS