A-09-05-14-8G10 - 5/14/2009ORDINANCE NO. ' ( ' 09 Ilk'etto
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 20.69 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 20.69 acres of land, (the "Property"), said
Property being situated in Williamson County, Texas, and being
more particularly described on Exhibit "A" attached hereto and
made a part hereof by reference for all purposes; and
WHEREAS, the procedures prescribed by the Charter of the
City of Round Rock and the applicable laws of the State of Texas
have been duly followed with respect to the Property; and
WHEREAS, the City Council of the City of Round Rock by
resolution directed the City's Planning Director to prepare a
0: \wdox\SCC1nt s\0113\0905\MUNICIPAL \09514110.00C/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
required public hearings by causing notice
of two statutorily -
to be published
in
the Round Rock Leader newspaper on March 28, 2009; and
WHEREAS, the City complied with all statutory provisions
requiring newspaper publication of the second of two
statutorily -required public hearings by causing notice to be
published in the Round Rock Leader newspaper on April 11, 2009;
and
WHEREAS, the City complied with all statutory provisions
requiring website posting of such first and second public
hearings; and
WHEREAS, the City Council of the City of Round Rock held
the first public hearing concerning annexation of the Property,
following lawful posting and publication, on April 9, 2009; and
2
WHEREAS, the City Council of the City of Round Rock held
the second public hearing concerning annexation of the Property,
following lawful posting and publication, on April 23, 2009; and
WHEREAS,after considering the public testimony received at
each such hearing, the City Council of the City of Round Rock
determines that annexation of the Property is proper in all
respects and that such action is in the best interests of the
community and its citizens; and
WHEREAS, the City Council of the City of Round Rock finds
that each and every requirement of law concerning public
notices, hearings, and other procedural matters has been fully
complied with; and
WHEREAS, the City Council of the City of Round Rock
determines that the Property for annexation which is more fully
described in Exhibit "A" should be annexed; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That all of the above recitations are found to be true and
correct and are incorporated into the body of this Ordinance.
II.
That the property described in the attached Exhibit "A",
together with all adjacent roadways, be and is hereby annexed
and brought within the corporate limits of the City of Round
Rock, Texas, and same is hereby made an integral part hereof;
and that the boundary limits of the City of Round Rock be and
the same are hereby extended to include the above-described
3
territory within the city limits of the City of Round Rock, and
the same shall hereafter be included within the territorial
limits of the City of Round Rock.
III.
That the owners and present and future inhabitants of the
area herein annexed be entitled to all rights and privileges of
other citizens and property owners of the City of Round Rock,
and are hereby bound by all acts, ordinances, resolutions and
regulations of the City, and all other legal actions now in full
force and effect and all those which may be hereafter adopted.
IV.
That the official maps and boundaries of the City of Round
Rock, heretofore adopted and amended, be and are hereby amended
so as to include the aforementioned territory as part of the
City of Round Rock, Texas.
V.
That the Service Plan providing for extension of municipal
services to the areas proposed to be annexed, attached hereto
and incorporated herein as Exhibit "B", is hereby approved.
VI.
That the appropriate city official of the City of Round
Rock is hereby directed and authorized to perform or cause to be
performed all acts necessary to correct the official map of the
City to add the territory hereby annexed, as required by law.
4
VII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerks of Williamson County, Texas and Travis County,
Texas.
VIII.
That this Ordinance shall become effective after its
passage.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other ordinance of the City. The
City Council declares that it would have adopted the valid
portions and applications of this Ordinance and would have
annexed the valid property without the invalid part, and to this
end the provisions of this Ordinance are declared to be
severable.
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
5
B. The invalidity of any section or provision of this
Ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter thereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 14-11#1day
of OP1-1, 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: r LA.(26` t
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
1
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD
AT FAIRVIEW DRIVE TRACT
DESCRIPTION
EXHIBIT
BEING a 20.69 -acre tract of land, more or less, being out of and a portion of the
Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, and further
described in Deeds recorded in Document Numbers 2006050697 and 2006045252,
Official Public Records of Williamson County (OPRWC), and Deeds recorded in
Volume 693 Page 525, Volume 2336 Page 22, Volume 2366 Page 22, Volume 2386
Page 208, and Volume 790 Page 887, Deed Records of Williamson County (DRWC),
said Deeds being attached hereto as Exhibits B, C, D, E, F, and G respectively, and
said tract also consisting of a portion of Lots 1, 1A, and 2 of the Greenslope
Addition Amended Subdivision, a subdivision of record in Cabinet D Page 62 of the
Plat Records of Williamson County, and three unplatted parcels;
SAVE AND EXCEPT from said deed descriptions approximately 0.451 acres
previously conveyed to the City of Round Rock as right-of-way, described and
annexed in Ordinance Number A-08-10-23-1163, as recorded in Document No.
2008083387, OPRWC, attached hereto as Exhibit H;
SAID 20.69 -acre tract also includes the southernmost 337 feet of Fairview Drive
right-of-way, a roadway as depicted on said Greenslope Addition Amended
Subdivision, attached hereto as Exhibit I;
SAID 20.69 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
111111111111111111 7P66
I8-901-06-1169
WARRANTY DEED WITH VENDOR'S LIEN
1006051697
NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
DATE: June l f p , 2006
GRANTOR: Clifford B. Nixon and Eloise Kay Nixon
GRANTOR'S MAILING ADDRESS: Po � g0.,, -112 Sm illi✓;1 f r 7X 78957
GRANTEE: Tim Hubble and Judy Hubble, husband and wife
GRANTEE'S MAILING ADDRESS: 3000 Kiphen Road Round Rock, TX 78664
CONSIDERATION:
$10.00 and other valuable consideration, receipt of which is hereby acknowledged, and a note of
even date that is in the principal amount of $104,500.00, and is executed by Grantee, payable to
the order of Bank of America, N.A. The note is secured by a vendor's lien retained in favor of
Bank of America, N.A. in this deed and by a deed of trust of even date from Grantee to PRLAP,
Inc., Trustee.
PROPERTY (including any improvements):
Lot 1, of GREENSLOPE ADDITION AMENDED, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet D, Slide 62, Plat Records of Williamson
County, Texas, SAVE AND EXCEPT a 0.055 acre tract conveyed to the City of Round Rock
for road purposes in Document No. 2001035830, Official Public Records of Williamson County,
Texas
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
This conveyance is made and accepted subject to all restrictions, covenants, conditions, rights-of-
way, assessments, outstanding royalty and mineral reservations and easements, if any, affecting
the above described property that are valid, existing and properly of record and subject, further,
to taxes for the year 2006 and subsequent years.
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 appurtens'rec thereto in anywise 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, successors and assigns to
warrant and forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms, at which time this deed shall become absolute.
WARRANTY DEED WITH VENDOR'S LIEN Page 1
EXHIBIT
When the context requires, singular nouns and pronouns include the plural.
Bank of America, N.A., 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 described. The vendor's lien and
superior title to the property are retained for the benefit of Bank of America, N.A. and are
transferred to that party.
CI' B. Nixon
Eloise
Acknowledgement
State of TEXAS
County of WILLIAMSON
This instrument was acknowledged before + ,e l1, day of June, 2006,
by Clifford B. Nixon and Eloise Kay Nixon.
dj 1169-fw
RACNUEI K BREWEE
'WTARY ouQUC
'TATE Or 'ExAS
My Cwnnussol Erpre<_
„iOVElAc�tr�mi 7....t.
After recoiling Muni to
TEXAS AM:EWCAN TITLE COMPANY
4201 S. CONGRESS. WE.
SUITti 203
AUSTIN, TX 75715
ic, State of — XAS
WARRANTY DEED WITH VENDOR'S LIEN Page 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2106850697
ar.�^
00/20/2000 02:00 AM
CARRILLO $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
III111I1II1V1151'"H 2EPG5
RECORDED BY
NORTH AMERICAN TI
TX066650139LKW
2006045252
EXHIBIT
NORTH AMERICAN TITLE
1 CHISHOLM TRAIL, SUITE 3100
ROUND ROCK,TEXAS 78681
(512)255-6550
PROPERTY ID NO. R063711
Notice of confidentiality rights: if you are a natural person, you may remove or strike
any of the following information from this instrument before it is filed for record in the
public records: your social security number or your driver's license number.
WARRANTY DEED WITH VENDOR'S LIEN
DATE: in 3d 2006
GRANTOR: Robby Duffield
GRANTOR'S MAILING ADDRESS:
GRANTEE: Susan E. Rock and Walter A. Rock, a married couple
GRANTEE'S MAILING ADDRESS: 3010 Kiphen Rd., Round Rock, Texas 78664
CONSIDERATION:
$10.00 and other valuable consideration, receipt of which is hereby acknowledged, and a Note of even date
herewith in the principal sum of $ 118,400.00, and is executed by Grantee, payable to the order of Bank of
America, N.A.. The note is secured by a vendors lien retained in favor of Bank of America, N.A., in this deed,
and by a deed of trust of even date herewith to PRLAP, Inc., Trustee.
PROPERTY (including improvements):
Lot IA, Greenslope Addition Amended, a subdivision in Williamson County, Texas, according to the map
or plat thereof recorded in Cabinet D, Slide 62, Plat Records of Williamson County, Texas, Save & Except
that 0.082 acre tract conveyed to the City of Round Rock by Document No. 2001062139, Official Public
Records, Williamson County, Texas.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
This conveyance is made and accepted subject to all restrictions, covenants, conditions, rights-of-way,
assessments and easements, if any, affecting the above-described property that are valid, existing and properly
of record, and subject further to taxes for the year 2006 and subsequent years.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and
appurtenances thereto in anywise belonging, to have and to hold it to Grantee, Grantee's heirs, executors,
administrators, successors and assigns forever. Grantor hereby binds Grantor and Grantor'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 and exceptions to conveyance and warranty.
The vendor's lien and superior title to the property are retained until note described above is fully paid
according to its terms, at which time this deed shall become absolute.
Me 14)s -3661-000o 000 t 4
49Q
1/4
Bank of America, N.A., at Grantee's request, has paid to Grantor that portion of the purchase price of
the • roperty evidenced by the Note described above. A vendor's lien and superior title are retained herein for
the . efit of Bank of America, N.A. and are hereby transferred to that party.
When the context requires, singular nouns and pro 1 i s include the plural.
Acknowledgment
STATE OF 4,
COUNTY OF-7—latiariti y,�
This instrument was acknowledged before me this /day of 7 /
Robby Kay Duffield.
2006, by
...‘",:i.,;:-,... ,
,,,,,k.: ............
„,-„,
•
(:1
,,,
--ee,UFIFN',: •• £SJ0f4
Title Company GF# TX066650139LKW
After recording, return to:
North American Title
No. 1 Chisholm Trail, Ste. 3100
Round Rock, Texas 78681
Attn. Emily Isbell
$20.00
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 20%. 45252
E.>`
06/02/2008 01:01 PM
CARRILLO $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Deed 3.
THE STATE OF TEXAS )
COUNTY OF WILLIANSON )
9175
va 693 boc525
KNOW ALL MEN BY THESE PRESENTS:.
That T. R. TOMLINSON and wife, BEULAH TOMLINSON of Travis County,_
Texas,
hereinafter called Grantor, whether one or more,
corporation, for the consideration paid and secured tonbefpppaid or
as
hereinafter provided, has GRANTED, SOLD AND CONVEYED,and`b these
presents does GRANT SELL AND CONVEY, unto CURTIS R. HEHMAN and
wife, MARY KATHERINE/ HERMAN of Travis County, Texas,
hereinafter
lot, tract oraparcel roftland ee, wlying ande
hether onebeing situatedt
or more, alltinhat Wcer
illiamson
County, Texas, and known and described as follows, to -wit:
Lot Two (2). GREENSLOPE ADDITION, an addition
in Williamson County, Texas, according to the
map or plat of record in Cabinet D, Slide 19,
Plat Records of Travis County, Texas.
TO HAVE AND TO HOLD the above described premises, together with all
and singular, the rights and appurtenances thereto in anywise belong-
ing, unto the said Grantee, their heirs and assigns
forever; and Grantor does hereby bind themselves, their heirs, exe-
cutors and administrators
AND FOREVER DEFEND, all and singular, the said premises untto o theRANT
said Grantee, their heirs and assigns
person whomsoever lawfully claiming or to claim the same oran every
thereof, subject, however, to all valid restrictions and easements rt
against
which are of record applicable to the property hereby conveyed.
The consideration paid and secured to be pais( for said property is
as follows:
TEN AND N0/100 ($10.00) DOLLARS and other good, valuable and
sufficient consideration cash to Grantor in hand paid, the receipt
of which is hereby acknowledged and confessed, and for the payment
of which no right or lien, express or implied, is retained.
is
de
and
This
conditionsewhichshallbbecrunningt to ewithlthenlandstrictione, covenants,
(1) Said property shall be restricted for residential purposes
with only one one -family dwelling permitted.
1
EXHIBIT
\\D//
VLX. 693 vace528
(2) No mobile home shall be placed on said property.
(3) No hogs are allowed.
(4) No Commercial business or raising of fowls or animals for
commercial purposes.
(5) No junk yard or auto wrecking yard or any used lumber stored
on premises.
(6) If road frontage is fenced, it must be of standard chain-
link type.
ii WITNESS OUR HANDS this the_ryday of December, 1977.
4g: acatel-m-dseb-
• asa...Q..t.5
BEULAH TOMLINSO[
THE STATE OF TEXAS X
COUNTY OF TRAVIS X
BEFORE ME, the undersigned authority, on this day personally
4p Wd..T. R. TOMLINSON and wife, BEULAH TOMLINSON, known to me to
'�pp��,, sons whose names are subscribed to the foregoing instrument n
+' vires'eat . owledged to me that he/she executed the same for the
'.0tujpoaea consideration therein expressed.
•a
/ GIVBN`NDER MY HAND AND SEAL OF OFFICE, this
'._ pcembAr t. ` 977.
the /1 4day of
THE STATE OF TEXAS
urs County of Williamson m} 1. Dick Cervenka, Clerk of the ClWtiy Court id sold taunt., do hereby rends
22nd ung. wlth 11. tettuleet* of euthentkytin, was 1111,,d for noon In my office
flu ...... __ 22nd.p
W fit DES,- A n 10....72, n.._*.20..\.s' _
D®d `, ^.p..Jc.0 fir _..._
st: .
WITH= MY HAND and nal of the t hill., n...._. rdennn
the La last above written.
County eons M. rsM"Counix -ti req.. in nare.bva 7Y
/ ,J .stns. "e.
DICK�:CeaytHlu, CLERK.
,County Court Williamson Comy, Texas
Loa No: 01934959
Borrower: HOSSAIN P MEHRABIAN
27610
Cki
RECORDED BY WARRANTY DEED WITH VENDOR'S LIEN
C,t WAS PROFESSIONAL TITLE, INC,
C a// re
a DSC (� July 9, 1993
Orental BOBBY H. CHATHAM, SR. AND WIFE, OLENDA J. CHATHAM
M
M
CI Oral= HOSSAIN R MEHRABIAN AND WIFE,
ORLENA M. MEHRABIAN
Orates* Mailing Address (Including county):
3200 KIPHEN ROAD, .
ROUND ROCK, TEXAS 78664
WILLIAMSON County
Confidemb2
Data ID: 348
TEN AND NO/100 DOLLARS ($1000) and other valuable consideration and notes) of even date
executed by Grantee payable to the order of
ACCUBANC MORTGAGE CORPORATION
(•ten,
in the
amount(s) of S 119,950.00
the note(s) being secured in whole or in part by vendor's Tien retained In favor of Lender in this deed
and also seared by a deed of trust of even date from Grantee to
MICHAEL L RIDDLE,
`h
( tfuding any improvements):
5.50
BBING SAM ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR
SURVEY A•173, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT •A• ATTACHED HERETO
AND MADE A PART HEREOF.
Trustee.
Reservations from and Exceptions to Conveyance and Warranty:
Any and all restrictions and easements of record.
Grantor, for the sonsidantkn and subject to the reservations from and exceptions to conveyance and
`unary, grants, seta, alba anveya m 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, eecutors,
administrators, successors, or assigns, as the rase may be, tomer. Grantor binds Grantor and Grantor's heirs,
executon, administrators, succeswn and assigns, as the case may be, to warrant and forever defend all and singofar
she property to Grantee and Grantee's nein, executors, admintstrarors, successor, and assigns against every person
whomsoever lawfully claiming or to atm the same or any part thereof, except as to the reservations from and
exceptions to conveyance and wananly.
3-2/ 76 7 ) OFFICIAL. RECORDS
Y1ILLIAMSON COMITY, TERAS
EXHIBIT
E,r
•
•
YOL 2336PA6E 023
The vendors Ilen against and superior dile 10 the property are retained until cach note described Is fully
paid according to its terms, at which time this deed shall become absolute. The vendor's hen and superior tide
are transferred to Leader without recourse on Grantor.
When the context requires, singular awns rad pronouns include the plural.
State of TEXAS
County of WILLIAMSON
O
BOBBY H. CHATHAM, SR.
S
0
This Imswment wm acknowledged before mew the 9
by
BOBBY H. CHATHAM, SR. AND GLENDA J. CHATHAM
LEN7. CHATHAM
day of JULY
1993
My ommiaea expires.
State of TEXAS
County of WILLIAMSON
TIsY imtrament was acknowledged before me on the
by
Notary Public
g
g
My commission expires:
AFTER RECORDING R
ETURN
TOE
EN R...'`Y.
TBd6l
F...:.3 IC114
10-taj
(Printed Name)
day of 19
Notary P.Nlc
(Mated Name)
YO1.2336PAGE 024
EXHIBIT "A"
Field Notes deearibing 5.508 acres of land out of and a part
of the Willie Doneho Survey No.117, Abstract No.173, situated in
Williamson County, Texas, said 5.500 acre tract being more
Perttcularly described as being a portion of that certain 29.97
acre tract of land described In a deed of record in Volume 737,
Page 89 of the Deed Records of Williamson County, Texas, said
5.500 acre tract being more fully described by metes and boundv
as follows;
BEGINNING at a steel pin sat in the present north line of
County Rood No.113, at the soitheast corner of that certain 10
foot wide strip of land dedicated for additional right-of-way by
the plat of Greenslopas Addition Amended. a subdivision of record
in Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, for the southwest corner of the tract herein described;
THENCE leaving said County Road and with the west line of
this survey, the following three (3) courses;
1. N 19 10'63• W. et. 9.96 feet pass a steal pin Found at the
southeast corner of Lot 2 of said subdivision, continue
for a total distance of 348.23 feet to a steel pin found
at the northeast corner of said Lot 2, same being the
southeast corner of Lot 1 Block A, Greenslopas addition
Phase 2. of record in Cabinet d, Slide r,6 of the Plat
Records of Williamson County, Texas;>
2. N 21 47'05' W with the east Line of said Block A, 2.74.44
feet to a steel pin found;
J. N 10 51'31' W, with the east line of said Block A, 447.56
feet to a steel pin set for the northwest corner of the
tract herein descscrlbed;
THENCE with the north line of thls survey N 71 12'12' E
222.54 feet to a steel pin found fbr the northeast corner of the
tract herein described;
THENCE with the east line of this survey the following three
(3) courses:
1. 5 19 24'03' E 99.76 feet to a steel pin found;
2. 6 17 15'07' E 31.94 feet to a steel pin found;
3. 5 19 00'16' E 1013.93 feet to a steel pin sot In the
present north line of said County Road No.113. for the
southeast corner of rho tract herein described;
THENCE with the present north line, of said County Road N 88
49'26' W 221.91 feet to the place of BEGINN'11.I8 containing 5.600
acres of lend.
STATEOfTEXAS COU:TYOFYAWP1:t;ON
1 hereby way that this instrument was FRED
on @e date and at the bus stamped bast
by me, and ns duly RECORDED in the YoIuas
and Pa of the named RECORDS of tt!itcsoe
Count, Tea as Owed Irma I by ma on
J
14 1533
��
WILLIA MSON COUNTY, TEXAS
ocaR012196
ry or r"cud tberorl "—
<kulr Iteibk'r0. rtlsfnMrr ' °_..._
•
lan No: 01934959
Borrower: HOSSAIN F. MEHRABIAN
PECORO JT WARRANTY DEED WITH VENDOR'S LIEN
4.4 TE)IAS PROFESSIONAL TITLE, INC
0
.r// et
27610
u
Date: July 9, 1993
i
CO Onnbn BOBBY H. CHATHAM, SR AND WIFE, GLENDA J. CHATHAM
M
.
Cit
Omelet HOSSAIN F. MEHRABIAN AND WIFE,
ORLENA M. MEHRABIAN
Data ID: 348
OtanlaY balling Address (Including county):
3810 KIPHEN ROAD, .
ROUND ROCK, TERAS 78664
WILLIAMSON County
Considaadu2
TEN AND NO/100 DOLLARS (510.00) and other valuable consideration and note(s) of even date
executed by Grantee payable to the order of
ACCUBANC MORTGAGE CORPORATION
('Iemer',
In the amount(s) of S 119,950.00
the note(s) being secured in whole or in pan by vendor's Ilen retained In favor of Lender in this deed
and also secured by a deed of trust of even date from Grantee to
MICHAEL L RIDDLE,
qtr
Trustee.
Props (iAitFuding any Improvements}
5.508
BE IFJ G 5A01 ACRES OF LAND, MORE OR LESS, OUT OF THE WR3.LS DONAHO, JR
SURVEY 4173, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT'A' ATTACHED HERETO
AND MADE A PART HEREOF.
Reservation from sad Exception to Conveyance and Warranty:
Any and all restrkt orn and easements of word.
Otaotor, for the consideration and subject 10 the reservations from and exception to conveyance and
warranty, mar. telly and conveys to Grantee the property, together with att and singular the nets and
appurtenances Memo In any wile botooging. ID have and bold ft to Grantee. Grantees heirs, executors,
administrators. suttesao,s or intim a1 the rase may be. forever. Grantor binds Grantor and Grantor's hears,
executors, administrabn, suxpson and assigns, as the ase may be, to warrant and forever defend a0 and singular
the properly to Grantee and Grantee's heirs. accouters, administrators, suxeon
and and assigns against every porton
whoeaeevu lawfully claiming or to claim the same or any pan thereof, except as to the reservations from and
exceptions to conveyance and warranty. -
3Z/ 7L7
oFFICUU. RECORDS
IAMSON COUNTY, TEXAS
•
•
EXHIBIT
,. F„
The vt
paid eaordin
are tnnsferte
When
State ofTF7V
County of Wif
vot.2336ra6E 023
4 superior to the props ire retained until each note desalted is hilly
:A
time to I shall team Malmo. The vendor's lien ind superior title
'uoune 01 icor.
angular nc tel pronouns ude the plural.
'[Lit Insftumcr
6
bY
BOBBY 11.0
Wore me 9
OLEND, HATHAMI
My commission
State of TEXA:
County of WIL
This mstnrneni 4
lel
My coatmMion
AFTER RECCE
;fan me c
1/L -n BOBBYTHAM. SR.
of JULY
ntae n.., r
OLEN Al CHATHAM
199_3
(Printed Name)
f 19
Notary Pvblk
(Plated Name)
TIE NC.
E 20
r-.. 10564
rOt.2336PA6E 024
EXHIBIT "A"
Field Notes describing 5.508 acres of land out of and a part
of the Willis Donaho Survey No.117, Abstract No.173, situated in
Williamson County, Texas, said 5.500 acre tract being more
particularly desarlbed as being a portion of that certain 29.87
acre tract of land deeerlbed in a deed of record in Volume 737.
Page 89 of the Deed 'Records or Williamson County, Texas, salt'
5.500 acre tract bolnq more fully described by metes and bounds
as follows;
BEGINNING at a steel pin sot in the present north line of
County Road No.113, at the southeast corner of that certain to
foot wide Strip of land dedicated for additional right-of-way by
the filet of GreensloPes Addition Amended, a subdivision of record
In Cabinet D, Slide 62 of the Plat Records of Williemeon County,
Texas, For the southwest corner of the tract herein described;
THENCE leaving said County Road and with the west line of
this survey, the following three (3) courses;
1. H 19 10'53" W, et 9.96 feet puss a steel pin found at the
southeast corner of Lot 2 of said subdivision, continue
for a total distance of 348.23 feat to a steel pin found
et the northeast corner of said Lot 2, some being the
southeast corner of I.ot 1 Block A, Greenslope6 addition
Phase 2. or record in Cabinet d, Slide 66 of the Plat
Records of Williamson County, texas;':
2. N 21 47'05" W with the sect Line of said Block A. 274.44
feat to a steel pin found;
3. N 10 51.31' W, with tho east line of said Block A, 447.56
feet to a steel pin Get for the northwest corner of the
tract herein descscrlbed;
THENCE with the north line of this survey N 71 12'12" E
222.54 feel to a steel pin found far the northeast corner of the
tract herein described;
THENCE with the east line of this survey the following three
(3) courses;
1. 5 19 24'03' E 99.76 feet to a steal pin found;
2. 5 17 15'07' E 31.94 lost to a steel pin found;
3. 5 19 00'16' E 1013.93 Feet to a steel pin cot In the
present (north line of said County Road No.113, for the
southeast corner of the tract herein described;
THENCE with the present north ling, of seld county Road N s8
49'26' W 221.91 feet to the place of BEGINNING containing 5.500
acres of land.
STATED,'7DIAs COLONY OF WILLIAWSCN
1 hereby Sty MI TMs intmment Eras FILED
ca Ma dale Md at the time stamped Pow
by me, lad vas dub, RECORO.Dinthe Warn
tof foe Mho oohed RECOCDS of 471,;wasoa
Count, Texas, as alermsd Paean by me, ea
.1 14 1899
COMM CURIE
WILLIAMSON COUNTY. 1F1WS
9s
jdeal W2w•°m<amFoclsT __.
Tr-deed.os
102391des
Ttede
ArallmIt
vat. 2886Pa0E 208 Jc=ligcti
Fttf-
41137
RTC TRIAD SPECIAL NARIVOIrl DEED
TRES PEO WARRANT! DEED is made the
ece 1993, by RESOLUTION TRUST CORPORATION, as
Cowhoseof
vaddr s� isl 000 MacArthur Blvd., Newport Beach CAs Association f92660, as
GRANTOR, to Hossain Mehrabian and Orlena Mehrabian, Husband and
Wife, whose address is 3200 EIPBEN RD, ROUND ROCKTEXAS 78664
, as GRANTEE.
receiptWi
ness
at
for
: of which is acknowledged, sells,valuableood and grantsand conveys
o eratioto
Grantee all the: real property located :a illiamson County, Texas,,
more particularly described as:
See Exhibit A attached hereto and incorporated herein
together with all tenements, hereditaments and appurtenances
thereto; subject to current real property taxes, zoning and other
rovernmetal restrictionsestrictions, eas ments, rights of -way and other matand all ters of record.
To have and to hold, all and singular, the real property
aforementioned unto said Grantee, its successors and assigns,
forever.
Grantor hereby covenants with Grantee that Grantor will
forever defend Grantee against claims of all persons claiming by,
through or under Grantor, but not otherwise, except as to the
reservations from and exceptions to this conveyance as
aforementioned. Grantor makes no other covenants or warranties,
express or implied, of merchantability, marketability, fitness or
suitability for a particular purpose or otherwise except as set
forth and limited herein. Any implied covenants or warranties are
expressly disclaimed and excluded by this Special Warranty Deed.
IN WITNSr9 WBERE0P, Grantor has set its hand and seal the day
and year first above written.
ATTACH ACKNOWLEDGMENT
GRANTOR:
RESOL/N TRUST as
Receiver0for Pacific RCoRstlFederal
Savings Association o E,er /
/ /0
By:
Title:
OFFtCJAL RECORDS
WILuAt1SOH COUNTY, TEXAS
0
EXHIBIT
Ste e o tin• fC) lel
County of 0 re - c }
ACHNOWLEDUMENT
VOL.23p6PAGE 209
On D J� ?/'? 3 before Inc. R V L SCW/�p r/
NAME. TOLE OF Onto( 11. OWE DOE NOfwrowel
personally appeared AM CAI C E Q - / 00/ / t y o
MOMS DEe6NERO°
,kpersonally known to me - OR
❑ proved tome on the basis of satisfactory evidence
to be the persons) whose name(s) is/are sub-
scribed to the within Instrument and acknowledged
to me that he/she/they executed the same In
his/her/their authorized capedly(les), and that by
his/her/their slgnature(s) on the Instrument the
person(s), or the entry upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand dM
ATM ON NOTARY: The informall
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT;
rpueeled below i. OPTIC II couw. no+rvar. raven' f Wdul.nl death
o aataeat.
BON MR E OF
NOIR TIWEPNNI IEOxNAE)
CAPACITY CLAIMED BY SIGNER($)
O
INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
❑ PARTNER(S) °Mal
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
O OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIO 01 VOTIYDESO
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
eONerll ION 43340 -ALL NIPOILCMOWDOMOIT MMM N4wN CIP f/NeHQMNMYflaMPPMT-M.*Et
to •by
•
Or
corpora
of mis MAUIe loony Nyumrliid document
Date of Document
l
on, on beh o sal corporat
My commission expires:
Notary pub c n antl or t o tah oTexas
of r mad Name
APTER RECORDING RETURN Tot
Shea NAcem Par ale
n.
•
YGL.2386PAGE 210
FIELD NOTES OF 6.57 ACRES OP LAND
OUT OP WILLIS DONAROO SURVEY,
ABSTRACT NO. 173,
WILLIAMSON COUNTY, TEXAS
BEING ALL OF THAT 6.57 ACRES OF LAND, MORE OR LESS, OUT OF
WILLIE DONAH00 SURVEY, ABSTRACT NO. 173, IN WILLIAMSON
COUNTY, TEXAS, AND BEING A PORTION OP THE 29.87 ACRES OF LAND
DESCRIBED IN A WARRANTY DEED FROM TOMLINSON TO LEWIS,
RECORDED IN VOLUME 737, PAGE 897 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAVE AND EXCEPT THE FOLLOWING
TRACTS OF LAND, •
1. SADDLEBROOX ESTATES SUBDIVISION, SECTION ONE,
RECORDED IN CABINET P, SLIDES 40-41, PLAT RECORDS,
2. 1.00 ACRE TRACT CONVEYED TO DIAE
RECORDED IN VOLUME 877, PAGE 11, DEED RECORDS,
3. 1.50 ACRE TRACT CONVEYED TO PEREZ
RECORDED IN VOLUME 875, PAGE 767, DEED RECORDS,
4. 1.80 ACRE TRACT CONVEYED TO WAYCASTER
RECORDED IN VOLUME 857, PAGE 522, DEED RECORDS,
4.65
5. RECORDED IN INRVOLUMECT NVED 790, PAGE 887, DEED RECORDS,
6. 5.508 ACRE TRACT CONVEYED TO MEHRABIAN
RECORDED IN VOLUME 2366, PAGE 22, OFFICIAL RECORDS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE at a point in the northerly Right of
Way line of County Road 113 at the southwest corner of said
29.87 Acres, same being the southeast corner of Lot 2 of
Greenslope Addition Amended, a Subdivision recorded in
Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, same being the southwest corner of the 5.508 Acre
tract conveyed to Mehrabian in a Warranty Deed recorded in
Volume 2366, Page 22 of the Official Records of Williamson
County, Texas;
THENCE, along the northerly Right of Way line of said County
Road 113, same being the southerly line of said 29.87 Acres,
S 88°53'00" E, passing the southeast corner of said 5.508
Acres, same being the southwest corner of a 4.65 Acre tract
conveyed to Brooks in a Warranty Deed recorded in Volume 790,
Page 887 of the Deed Records of Williamson County, Texas, at
a distance of 221.81 feet, for a total distance of 443.47
feet to THE POINT OF BEGINNING and the Southwest corner of
the tract herein described, same being the southeast corner
of said 4.65 .Acres;
THENCE, leaving the northerly Right of Way line of said
County Road 113 and along the westerly line of the tract
herein described, same being the easterly line of said 4.65
Acres, N 18°51'20° W, for a distance of 996.91 feet to a
corner, same being the northeast corner of said 4.65 Acres;
0
4)
FIELD NOTES OF 6.57 ACRES OF LAND
OUT OF WILLIS DONAHOO SURVEY,
ABSTRACT NO. 173,
WILLIAMSON COUNTY, TEXAS
PAGE TWO
vo).23S6vecE 211
THENCE, along the northerly line of said 4.65 Acres,
8 71°11'00" W, for a distance of 69.48 feet to a corner, same
being the southeast corner of a-1.80 Acre tract conveyed to
of the Waycaster In a Warranty Deed recorded in Volume 857, Page 522
Deed
of
THENCE, continuing salong lthe awesterlynline mson Cout,Tofexathe tract
herein described, same being the easterly line of said 1.80
Acres, N 18°49'00" W, for a distance of 272.28 feet to a
point for the Northwest corner of the tract herein described,
same being the southwest corner of Lot 4, Block 8 of
Saddlebrook Estates, Section One, a Subdivision recorded in
Cabinet F, Slides 40-41 of the Plat Records of Williamson
County, Texas;
THENCE, along the northerly line of the tract herein
described, same being the southerly line of said Saddlebrook
Estates, Section One, the following Two (2) courses'
1. N 72°38'59" E, for a distance of 136.00 feet to a
point at the southeast corner of said Lot 4, same
being the southwest corner of Lot 5, Block 8 of said
Subdivision,
2. N 72°30'49 " E, for a distance of 135.78 feet to a
point in the easterly line of said 29.87 Acres, for
the Northeast corner of the tract herein described,
same being the southeast corner of said Lot 5;
THENCE, along the easterly line of said 29.87 Acres and the
tract herein described, S 19°07'00" E, for a distance of
1338.21 feet to a point in the northerly Right of Way line of
said County Road 113, for the Southeast corner of said 29.87
Acres and the tract herein described;
THENCE, along the northerly Right of Way line of said County
Road 113, same being the southerly line of said 29.87 Acres
and the tract herein described, N 88653'00" W, for a distance
of 221.84 feet to the POINT OF BEGINNING, and Containing 6.57
Acres of Land, More or Less.
SNS ENGINEERING, INC.
ster ng.
Registered Profeesional Su
LESLIE VASTERLINO
.V 1413+fit
STATE OF TENAS COUNTY OF WILLIAMSON
on theby certify that this instrument was FI
and me. and was duly RECO oEo stamped herrn,
County, ehocoftheayfd RECORDS rofKelamso,1
Nampo hereon by m
—OCT 05
COUNTY CLERK
TE1W3
co' e�12
l
NOTICE
Prepared by IM stole e,r o1 Tem 1a use by V wyen only. Reviewed 1.1-7h.
Tu select the proper (ant, (111 M blank /paces, tittle 0411 (aat provisions or
Muer special tennis consrhasee rhe antler of Mw, No "anndad Toner" ran
inert dr neNWmptr.
voe 790racE 887
WARRANTY DEED WITH VENDOR'S LIEN
16196
THE STATE OF TEXAS
COUNTY OF WILLIANSON
1
That we. LEE A. LEWIS and wife, SHARON D. LEWIS
of the County of Williamson
consideration of the sum of TEN AND N0/100
KNOW ALL MEN BY THESE PRESENTS;
and State of
Texas for and hi
($10.00) DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which
is hereby acknowledged, and the further consideration of the execution and delivery by grantees of
their one certain promissory note of even date herewith, in the principal sum of FOURTEEN
THOUSAND, EIGHT HUNDRED EIGHTY AND N0/100 DOLLARS --($14,880,00), payable to the order of
grantors in annual installments and bearing interest as therein provided, containing the
usual clauses providing for acceleration of maturity and for attorney's fees,
• This property hereby conveyed is encumbered by prior Notes, as set forth In Attachment
"A", and is subject to the restrictions set forth in Attachment "9".
• An undivided is Interest of all the oil, gas and other minerals in, upon and under the
subject property was reserved 1n instrument recorded In vol, 663, Pg. 642 of The Deed
Records of Williamson County, Texas.
the payment of which note is secured by the vendors lien herein retained, and is additionally secured by a deed
of trust of even date herewith to CARLOS W. HIGGINS, Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JAMES B, BROOKS, JR., and wife, CONNIE BROOKS
of. the County of Williamson and State of Texas , a0 of the following described real
pmpcny in hi 11 Lamson - County, Texas, to -wit;
4.55 acres of land, more or less, out of the WILLIS DONAHO Survey, and more
fully described by metes and bounds as follows! (next page)
603 -Tb —/ooyy
EXHIBIT
00
GSD Then, with the East line of the Gary and Sharon Yurktewtcz property
the following three calls:
N 18° 49' M for a distance of 455.16 feet to an iron pin found
for an angle point
- N 18° 49' M for a distance of 201.56 feet to an iron pin found
▪ for an angle point
N 18° 49' N for a.distance of 277.54 feet.to an iron pin,found
tor an angle point for'the Northwest corner hereof
AOMak
BEGINNING at an iron pin found 1n the North r.o.w. line of County Road
No. 113 at the Southwest corner of the above described tools 29.87 acre
tract of land, continuin 222,00 feet .at.a bearing of 5 88".63' E
to an iron pin, for the Southwest corner and PLACE OF BEGINNING hereof
sag
THENCE N 71° 11' E for a distance of 208.38 feet
for the Northeast corner hereof
THENCE S 18°49'. E for a distance of 1009.83 feet
in the North line of County road No. 113,f0r'the
hereof
to an iron pin set
to an iron pin set
'Southeast coiner
THENCE with the North line of County Road No. 113, N 88° 63' N for
a.dlstance of 221.66 feet to PLACE OF BEGINNING and containing 4.65
acres of land more or less.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said grantee s, 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 grantees , their
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above
described premises, Is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
Grantors agree that prior to any default in payment of the hereinbefore referenced
Note, Grantees, theirsuccessors or assigns, shall be entitled to have released from the liens
securing such Note, acreage upon payment at the rate of FOUR THOUSAND AND NO/100 DOLLARS -
(34,000.00) per acre, with the first acreage released to be 300 feet or more away from
County Road 113, but with subsequent acreage released located at Grantees'. choice; Grantees
shall bear all costs of releases. All unreleased acreage shall have access to a public
road by a 30' easement to be located along the East border of the 4.65 acre tract.
EXECUTED this 25th day of
1'
D. 1980
SHARON D. LEWIS'
(Acknowledgment)
vot 1U PACE 889
THESTATE0P TEXAS
COUNTY or WILLIAMSON
Before me, the wide/lived aulliprily, an tills day personally aPPemed LEE A. LEWIS
known to me to he the Rano whose name is ..... subscribed to the foregoing knlmmeai. and achnoeffedled to Ma
thathe executed the sem or the purposes and consideration therein expensed.
Given under n4/.1tancrand seal of office on Mb the
. .
•
111ESTATEOF TEXAS
COUNTY OP WILLIAMSON
}
7th sr March A.D. /9 80
ifo-tary—Puilic in and forT4ifiaSOICroum-y-,Yeet—as..-
My ammtimima 2,5., St.
(Printed or stamped name of Botary)
(Imknowledpunal
Odom me, the undectigned authority, ma Bib day personally appeared SHARON D. LEWIS
inown to me to be dm person whose name IS subscribed to the foregoing Inummem. and acknowledged to me
that She executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the 25th
?larch &D. *R80
Ceti/cart-
Notary Public in and foe Will Anon
COUnly, Ten%
My commission expire.,...lanuary 26. .1584
(Printed or stamped name of nOlary)
er-r -",^4,T
VOL 790pAGE 890
ATTACHMENT "A"
Prior encumbrance, sale of 4.65 acres, LEWIS to BROOKS
This conveyance is made subject to and the Grantee herein does not assure payment
of the unpaid balance of the following two Notes:
(1) That certain indebtedness in the original amount of FORTY-FIVE THOUSAND,
FIVE HUNDRED SEVENTY EIGHT MD N0/100 DOLLARS --($45,578.00), dated February 15, 1977,
executed by THURMAN R. TOMLINSON and wife, BEULAH TOMLINSON, andpayable to the order •
of YVONNE CODY DELL, and secured by a Vendor's Lien in Deed of even date. and being
additionally secured by a Deed.of Trust recorded in Vol. 211, Page 72, geed of Trust
Records of Williamson County, Texas.
(2) That certain indebtedness in the original amount of FIFTY-SEVEN THOUSAND,
TWO HUNDRED SEVEN AND 50/100 DOLLARS --($57.201.50), dated November 2, 1978, executed by
LEE A LEWIS and wife SHARON D. LEWIS, and payable to the order of THURMAN R. TOMLINSON
and wife, BEULAH TOMLINSON, and secured by a Vendor's Lien in Deed of even date, and
being additionally secured by a Deed of Trust recorded in Vol. 257. Page 32, Deed of
Trust Records of Williamson County, Texas.
But Grantor as well as any other ownerand holder of Grantee's FOURTEEN THOUSAND, EIGHT
HUNDRED EIGHTY AND NO/100 DOLLARS --(514,880.00) Note shall be obligated to pay any and
all installments falling due on the above described Note /2 as and when due, and shall
be obligated to cure any default occurring in the payment of the above described Note
01, to the extent necessary to protect Grantee's interest in the herein conveyed tract
of land, and as provided for inthe above referenced Deed of Trust securing such in-
debtedness, and in the event of default in the payment of any such installment on
Note 02 or failure to cure any default in the payment of Note 01, so long as Grantee
is not in default in the payment of Grantee's aforesaid FOURTEEN THOUSAND, EIGHT
HUNDRED EIGHTY AND NO/100 DOLLARS --($14.880.00) Note, or in default in the performance
of the Deed of Trust securing said Note, Grantee shall have the right to pay any such
delinquent installment or installments and to receive credit upon Grantee's FOURTEEN
THOUSAND. EIGHT HUNDRED EIGHTY AND NO/100 DOLLARS --($14,880.00) Note for all sums so
paid, and in such manner as Grantee shall direct, as of the date of such payment, and
to receive releases of liens for such payment to the maximum extent provided in the
instruments that established the herein described prior liens, end the liens hereby
established.
ATTACHMENT "E"
VOL /90p 891
Seller and purchaser alike agree to deed restrict the 30 acre tract
as follows:
a. All resubdivided tracts (except commercial designated area)
to be used for single family residences only; 65% masonary
exteriors, exclusive of garages, carports and porches; minimum
of 1450 sq. ft. living area -heated and cooled: 1800 sq. ft.
for any two story residence; all new construction only.
b. No hogs; no commercial raising of livestock or animals.
c. One (1) horse or cow per acre maximum allowed.
d. No junk yard or auto storage yard.
e. If road frontage 1s fenced it is to be of new, chain link
fencing, or better.
f. No mobile homes or temporary structures allowed for habita-
tion.
g. Purchaser, his heirs or assigns may resubdivide the 30 acres
into tracts of not less than k acre each (residential area).
No tract shall be left without public access to a public road.
The above Deed restrictions (a through g) have previously
been agreed upon In addition Seller requires Purchaser to abide
by the following additional Deed restriction:
a. That any resubdivision of acreage may not be done In
any less than 1 acre tracts.
b. Chain link or better fencing restrictions applies to lots
less than 5 acres on road frontage.
c. No lumber or inoperable automobiles, or truck not to
be left on premises for more than 60 days unless in an
enclosed structure,
THE STATE OP TEXAS
County of Williamson} 1, fames N. aeyangn, Clnk of the County Coun of said County, do
Illy That the foregoing instrument In writing, with In cntifca(� 9f amhendculon, was filed for record la my once on
Ihe__j62N day of Ma rexh I L .
'
A.D.-JJ :L, oelockduly
--P_ M. and receded this
/
the 22.X1 day ofa A.D. 19..X0, 11 Rn
o'clock—A-M., In the
wed
ds of said Courcy, in
WITNESS MY NAND and seal of 1/16MR h h Com Cdu Vol. fan
lam above written. of said County, al office la DeorgNown, Texts, dm due
fly 2 JAMES N. SOYDSTON, CLERK,
Y County Court, Williamson County, Tom
IMAM
LII
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
1Ift
ORD
24 PCS
2008083387
EXHIBIT
„I„
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do
hereby certify that I am the custodian of the public records maintained by the
City and that the above and foregoing is a true and correct copy of Ordinance
No. A -08-10-23-11B3 which annexes 0.451 acres of land, being East Old
Settlers Boulevard right-of-way immediately east of Fairview Drive. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23rd day of October 2008 and is
recorded in the City Council Minutes Book No. 57.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 28th day of October 2008.
SARA L. WHITE, City Secretary
ORDINANCE NO. Vit -10-23- 0133
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.451 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY,
ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.451 acres out of the J. M. Harrell Survey, Abstract
No. 284, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
o:\NDox\onDnN.WC\oe102]03. WC/rna
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
H.
That the City Council has heard the arguments for and
against the annexation and has determined to approve the
annexation.
H.
That the property described in Exhibit "A" attached hereto
and incorporated herein for all purposes, be and is hereby
annexed and brought within the corporate limits of the City of
Round Rock, Williamson County, Texas, and same is hereby made an
integral part hereof.
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
citizens and property owners of said City and are hereby bound
by all acts, ordinances and all other legal action now in full
force and effect and all those which may be hereafter adopted.
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be
the official map of the
as required by law.
performed all acts necessary to correct
City to add the territory hereby annexed
That this Ordinance
passage.
VII.
shall become
effective after its
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk
If any
of Williamson County, Texas.
IX.
section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
portions and
applications
of this Ordinance and would have
annexed the valid property without the invalid part, and to this
end the provisions of this Ordinance are declared to be
severable.
3
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 23 ✓ day
�
. ,q
of 'y'►,y!/-J(/Y' , 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
4
ATTEST:
latke
SARA L. WHITE, City Secretary
enki
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT FAIRVIEW - EAST TRACT
DESCRIPTION
BEING a 0.451 -acre tract of land, more or less, being out of and a potion of the
J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, as conveyed to
the City of Round Rock and further described in Warranty Deeds recorded in
2001071459, 2002088808, and 2001054266, Official Public Records of Williamson
County, said Deeds being attached hereto as Exhibits B, C, and D respectively, and
said tract also being identified on the accompanying sketch as Subject Tract 3,
attached hereto and made a part hereof.
0x.4TC, C -e Z.i10; h 245/5P
d,tybf ZM4..4 eact
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
CO
0. THE STATE OF TEXAS s
s
COUNTY OP WILLIAMSON S
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
• other property rights deemed necessary or convenient for the construction,
*,.l expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
O
• WHEREAS, the purchase of the hereinafter -described premises has been deemed
Q necessary or convenient for the construction, expansion, enlargement,
N extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN HY THESE PRESENTS:
That, JAMES B. BROOKS, JR. and wife, CONNIE BROOKS, hereinafter
referred to as Grantors, whether one or more, for and in consideration of the
sum of Ten Dollars ($ 10.00) and other good and valuable consideration to
Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency
of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold and by these presents do Grant,
Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson,
State of Texas, being more particularly described as follows:
0.123 acres, more or less, out of the WILLIS DONANO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
hovever, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder`
EXHIBIT
B„
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and prr°'scriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
COR vnuan roma wat nCa woos,, ioQs&
1
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the AZ/ day of
SEPT , 2001.
e B. 'BROOKS, 6J rz_-042.4 t
CONNIE BROOKS
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the a9 , day
of scAe (Em i3 812 , 2001 by JAMES B. BROOKS, JR. and wife, CONNIE
BROOKS.
A)467.7id rix; t✓
Notary Public, State of Texas
PREPARED IN TEE OFFICE OF:
Sheets & Crossfield,
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN :
`Lb
CORR/TRAN5roRTATJOWpl, 13cbtueaooxs00310636
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
P.C.
2
No SEAL
FEILD NOTE DESCRIPTION FORA 0.123 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND RENO OUT OF AND PART OF TBE WELLS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 4.65 ACRE
TRACE. CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PACE 887, OF
TJX DEED RECORDS OP WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLYDESCREED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found ata point in the north right-of-way line of County
Road No. 113, (mown lacy ly u Kiphen Road, for the southwest corner of said 4.65 acre
tract of land, the same being the southeast comer ofa 5.508 aero tract of land conveyed to
Hussain Meirabian, and recorded in Volume 2336, Page 22, of the Deed Records of
of
hereinCounty,descre for the southwest corner and the POINT OF BEGINNING
theTHENCE, with the west line of said 4.65 ase tract and the east line of said 5.508 acre
trap, North 19'00'53" West, a dIstanoe of 26.36 feet, to a calculated point for the
northwest caner of this track
THENCE, departing the west line of said 4.65 acre tract, the east line of said 5.508 acre
tract, crossing said 4.65 acre tract, South 88'37'I2" East, a distance of 222.08 feet, to a
calculated point in the east line of said 4.65 ase tract and the west tine ofa 6.57 acro
tract conveyed to Hussain Mehrabiaa and monied in Volume 2386, Page 203, of the
Deed Records of Wtilliamson County, Ten; fern tbe>ratheast can ofthv track
THENCE, with the east line of said (65 acre tract and the west line of said 6.57 ace
track South 18.47'32" East, a distance of 25.34 fat, to a calsdatcd point in the north
right-of-way line of said County Road No. 113, for the southwest occur of said 6.57 acre
tract, for the aoutbesat comer of said 4.65 ace tract, and for the soutbeast corner of this
tract;
THFNCL, with the North rightof-way line of County Road No. 113, sad the south line
of said 4.65 ace tract, Nath 88°51'32" West, a distance of 221.63 fat, to the POINT
OF BEGINNING.
Containing 0.123 acres of land more or leu.
Ranches S. Joon (Date
Registered Protonic) 01 Land Surveyor No. 4391
State of Torn
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Taus 78753
3:11.sed Rgects R3WaidocdBrooas.doc
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Revised a 10-06-00
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BRENDA LANE
i
r—
RDERS MEMORANDUM k
FILED NE RECCE
FICIAL PUBLIC RECORDS
e
01:46 PM 2001071459
M.00
.POICOUT
COUNTY, TEXASK
TBE STATE OF TEXAS
2002088808 7 Pgs
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
$
S
COUNTY OF WILLIAMSON S
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
NBEREAS, the purchase of the hereinafter -described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, SNOW ALL NEN HY THESE PRESENTS:
That, HOSSAIN MEHRABIAN and wife, ORLENA MEHRABIAN hereinafter
referred to as Grantors, whether one or more, for and in consideration of the
sum of Ten Dollars ($ 10.00) and other good and valuable consideration to
Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency
of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold and by these presents do Grant,
Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson,
State of Texas, being more particularly described as follows:
TRACT 1:
0.118 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT
NO. 173, Williamson County, Texas, and being more particularly
described in Exhibit "A" attached hereto.
TRACT 2:
0.128 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT
NO. 173, Williamson County, Texas, and being more particularly
described in Exhibit "B" attached hereto.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
05322. WPD
1
1
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO RAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WREREOF this instrument is executed on this the,g/� day of
t .t .t) , 2002.
HO N MEHRABIAN
ORLENA MEHRABIAN
Acknowledgment
State of Texas
County of Williamson
This i strument was acknowledged before
002 try HOSSAIN
of Lf
MEHRABIAN ;rx
J
me on this the 3./3 , day
MEHRABIAN and wife, ORLENA I
Notary Public, State of Texas
PREPARED IN TEE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
WW 5322. W Po
2
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
FIELD NOTE DESCRIPTION POR A 0.118 ACRE TRACT:
BEING A TRACT OR PARCEL OP LAND SITUATED M WILLIAMSON ccun,
7137CAS, AND ABSTRACT No. APARTO our 07 D
733, AND BSMG AART THAT CERTAIN 6.577 ACRE
TRACT. CONVEYED TO HUSSAB'1 MEHRABIwyi IN VOLUME 2386, PACES 208,
OF THE
OTS PPARTICOPFXL4 . RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BE/NO
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING ata cal arlated point at the southwest comer of said 6.57 nae tract of
the same being the southeast coma of *445 ace tact of land conveyed to James Brooks
Jr. and recorded in Volume 790, Page 887, of the Deed Records of Williamson County,
Tuts, said perm being in tie north right-of-way line of County Road No. 113, known
Localhe ly s Eiphe3efor the saubwest coma and the POINT OF BEGINNING of
tract;
TBZNCZ with the west line of said 6.57 acre tract and the east line of said 4.65 acre
tract, Nath 1!47'32" West, a distance of 25.34 !bet, to a almaated point fir the
northwest cams of this tract
TINGE, departing the weal line of said 6.57 nae tract, the east line of said 4.65 acct
tract, crossing said 6.57 ace trap, South 8897'12" Bast, a distance of 222.01 feet, to a
calculated point in the east line of maid 6.57 nae tract and the wet Ism of a 38.00 ace
tract conveyed to Robert Dillard and recorded in Volume 1390, Page 799, of the Deed
Records of Williamson County, Teas, for the naatbeau earner of this tract;
THENCE, with the eau line of said 6.57 sae trap and the west line of said 33.00 acre
traa, South 19'05'32" Eau, a distance of 24.40 feet to a polos for the southeast Gana of
said 6.57 acre tract and the southwest corner of said 38.00 acre tract, said point being in
the north right-of-way line of County Road No. 113, and being the southeast comer of'
this tract;
TSENCI, with the north right-of-way line of County Road No. 113, North 88.51.32"
West, a distance of 221.81 fact` to the POINT OF BEGINNING.
Containing 0n�1118 scuts of land, more or lees.
Jams ns Gr CMO.. 2r�p l
Rtodall S. Date
Registered Professio Surveyor No. 4391
State of Taus
Da September 28, 2000
RJ Surveying Inc.
1212 Fast Braker Lam
Austin, Texas 78753
a:lLaad Projects R2N63itdoalMelusitaidx
Pae lel
Revised an 10.06-00
Revised cm 01.16-01
Revised on 02-15-01
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FIELD NOTE DESCRIPTION FOR A 0.128 ACRE TRACE:
BEING A TRACT OR PARCEL OF LAND SITUATED 1N WI LIAMSON COUTY,
TEXASSAB TRAM BEING. 173 our D AND
A PART OF THAT ABN 5.WILLIS DONANO 08 . ACRE
TRACT, CONVEYED TO HUSSAI N 1413HRABIAIN IN VOLUME 2336, PAGE 22, OF
THE OFFICIAL RECORDS OF WLUAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod fbuod st a point in the north right-of-way line of County Road
No. 113, (mown locally u Kiphen Road for the amihweat corner of said 5.508 are tract of
land, the ane being the southeut comer of Oreeeslope Addition Amended, a rnbdiviaba
a000rding to the plat thereof recorded in Cabins IT, Slide 62, of the Plat Records of
Williamson
BROWNINGthe herein desa, Ta saidtb Ua irt being the southwest corner and the POINT OF
THENCE with the west line of said 5.508 we tract and the wt line of said Greenslope
Addition Amended, the Mowing two (2) courses:
1. North 19.34'04" West, a distance of 10.64 feet to an iron sod found;
2. North 19'04'18" West,* distance of 16.65 fret to a akulated point, for the northwest
corms ofthis tract;
THENCE, departing the west line of said 5.508 ase tract, the east line of said Oreenakpe
Addition�
Amended,
said 5.508 we trap, South ar3r12" East, a distance of
2
222.34
4.6sae incl point in the east line of said 5.508 we tram and the west lute of
conveyed to James Brooks, Jr. in Volume 790, Page 887, of the Deed
Records of Williamson County, Teau, for the northeast comer of this tract;
THENNCE, with the eat line of said 5.508 we tract and the west line of said 4.65 ase
tract, South 19'00'53" East, a distance of 26.36 feat to an iron rod found in the north right-
of-way line of said County Rod No. 113, for the southeast caner of said 5.508 tract, tin
southwest corner of said 4.65 ase tract, and for the southeast coma of this tract;
THENCE, with the north right-of-way line of said County Road No. 113, the south Roo of
raid 5.503 acre tram, North 86'50'03" West, a distance of 221.91 fat, to the POINT OF
BEGINNING.
Containing 0.128 acres of land more or lea.
Ret.,can,S
Randall S. lane
Registered
State of Tena
an 2/Zi/o,
Dote
Surveyor No. 4391
RJ Surveying Inc.
1212 East Braker Lime
Austin, Teras 78753
SALsodProjegr R21actdcaRiahnhln .0.128a>aoc don
Page l aft
Revisal ea 10-0600
Reeked on 1.15-01
Revised as 2.1401
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Art 2.1z
FILED AR RECORDED
IFFICIAL PUBLIC RECORDS
nittiVA
11-12-wann ' J :1�3AM 20020E18808
WILLIAMMSON COUNTyyY- "yT) CLERK
Please Return to:
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, TX 78664
OZ k7a 4'l1 .2-'1 09 4 la Gvt it tea_
lf Shp
EXHIBIT
„p„
SPECIAL WARRANTY DEED
N County Road 113 Right -of -Way
a TBE STATE OP TALUS S
M
COUNTY OF WILLIAMSON S
ke
NwBYan.s, the City of Round Rock, Texas is authorized to purchase land and such
• other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
O the proposed County Road 113 ("Project"); and,
ri
O WHEREAS, the purchase of the hereinafter -described premises has been deemed
O necessary or convenient for the construction, expansion, enlargement,
N extension, improvement, or operation of the Project;
NON, THEREFORE, KNOW ALL NEN BY THESE PRESENTS:
That, CURTIS R. HEHMAN and wife, MARY KATHERINE HERMAN hereinafter
referred to as Grantors, whether one or more, for and in consideration of the
sum of Ten Dollars ($ 10.00) and other good and valuable consideration to
Grantors
of which 1 shherpaid
oRound Rock, Texas,
sreceipt
ebya knowledged,a dforwhich nolienisretained, fleither
expressed or implied, have this day Donated and by these presents do Grant,
Bargain, Donate and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson,
State of Texas, being more particularly described as follows:
BEING 0.082 acres, more or less, out of Lot Two (2)
of GREENSLOPE ADDITION AMENDED, a subdivision in
Williamson County, Texas, according to the map or plat
thereof recorded in Cabinet D, Slide 62, Plat
Records, Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS IRON AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
0000532x. wro
TO am AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation and Grantors have
made no representations or warranties concerning the Property and the
City of Round Rock is purchasing the Property AS IS.
IN WITNESS WHEREOF, this instrument is executed on this the
tin_y , 2001. 12 day of
State of Texas
County of Williamson
2E: 414
CURT IS R. H "�-
MY - 11�J1+N t
MARY KATHERINE HEHMAN
Acknowledgment
was
of This instrument
trument 2001 by CURTISed before R. HEHMANme on thithe 2aL, and wife$ day
MARY KATHERINE
HEHM�
NotaryPublic, State Texas
PREPARED IN THE OFFICE OF:
Sheets s Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
000053u.WPD 2
FIELD NOTE DESCRIPTIONFOR A0.082 ACRE TRACT:
BEINO A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONJON) SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION AMENDED, LOT
#2, A SUBDIVISION ACCORD/IO TO THE PLAT THEREOF RECORDED IN CABINET "D",
SLIDE 62, OF ME PLAT RECORDS OF WUflAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DBSCR BED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an con rod found at a point in the North right-of-way line of County Rod No.
113, known locally as 1Gpbeo Road, for the Southwest corner of said Lot 2, being 1n the Eat right-
of-way line of Fairview Drive, Sof the Southwest Darner and the POINT OF BEGINNING of the
herein described trace
HENCE with the West line of said Lot 2 and the East right-of-way line of mid Fairview Drive,
North 18.47'08" West, a distance of 17.67 feet, to a calculated point for the Northwest comer of
this trace
T1301 FILE, departing the West lime of said Lot 2, the East risk -of -way of said Fairview Drive,
through said Lot 2, South 88'37'12" Bast, a &Moro of22423 See,, to a calculated point in the East
Ike of mid Lot 2 and the West line of that certain 5.508 acre tract of land ooweyed to Hussain
Mehnbian and recorded in Volume 2336, Page 22, of the Official Records of Williamson County,
Tea, for the Northeast caner of this trace
TULNCE, with the East line of said Lot 2 and the West line of said 5.508 acro tract, South
19'04'18` East, a dirtanm of 16.65 feet, to a iron rod found ata point in the Nath right-of-way line
of Canty Rod No. 113, for the Southeast corner of this tract;
TRENCE, with the North right-of-way line of County Road No. 113, being the South tine of said
La 2, North 88'52'20' West, a distance of223.95 feet, to the POINT OF BEGINNING.
Containing 0.082 acme of land more a lest.
of ti, S.iapes 2 /2 //01
Randall S. Jonesn�(/ d DateRegistered Protessio Surveyor No. 4391
State of Texas
Date: September 28, 2000
R1 Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
S:4ad Agjem R21658ldoaulSLCTZdoc
Pep 1dl
Revbed m 10-0660
Rained as 01-15-01
Raised on 02-1401
FILED PlID ECHO
OFFICIAL PUBLIC RECORDS
e
07-27-2(101 i"02:35 PM 2001054266
NME. RISTER C,NTY CLERK
WILLIAMSON COUNTY, TEXAS
,affiesoft
Ordinance No. A -08-10-23-11E13
Annexing 0.451 acres of land being East Old Settlers Boulevard right-of-way immediately
east of Fairview Drive.
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2008083387
11/05/2008 10:31 AM
CMCNEELY $108.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
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Exhibit A Sketch
SERVICE PLAN
EXHIBIT
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 20.69
ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD
SETTLERS AT FAIRVIEW DRIVE FRONTAGE 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 predominantly single-family residential and undeveloped. Three of the six
parcels in the tract are platted lots, with the remainder as large -acreage parcels. The Property
abuts single-family to the north; undeveloped lots, a church, and one single-family residence lie
to the south. Standard single-family lots abut the property to the east, whereas the west is
undeveloped and unplatted, and outside the city limits.
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
Section 43.056(b) requires that the service plan include a program under which the City
will provide full municipal services in the annexed area no later than 2 1/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
The City will provide full municipal services to the Property within the statutorily -
mandated 2 1/2 year period. The City's program is for provision of such services
immediately upon annexation. The City does not propose a schedule to extend the
period for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
1
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of 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;" additional services and connections will be available in
accordance with the requirements of the City of Round Rock Subdivision and
Utility Ordinances;
(7)
Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation, that portion of Fairview Drive
incorporated into the City will be maintained; any City acceptance of dedicated
and improved rights-of-way in the future would be per the Subdivision
Ordinance or additional annexation;
(8) Operation and maintenance of parks, playgrounds, and swimming pools - As
there are none of these facilities on the Property, operation and maintenance
of same is not at issue;
(9)
Operation and maintenance of any other publicly owned facility, building, or
service - As there are none of these on the Property, operation and
maintenance of same is not at issue;
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 43.0560) 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
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 8G10. 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 20.69 acres located
immediately to the north of East Old Settlers Boulevard, west of Bluffstone Drive,
and east and west of its intersection with Fairview Lane. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
East Old Settlers Boulevard is part of Round Rock's Master Transportation Plan and it functions as a
major east -west arterial through the City. It also serves as a primary gateway to the City's regional park.
Annexing this Tract, which abuts East Old Settlers Boulevard on the north at its intersection with
Fairview Drive, will help provide consistent police and fire protection along the roadway, and allow land
use control over properties abutting this significant corridor.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Several of the parcels comprising this Tract were platted in the late Seventies; as the property was
outside City limits, the subdivision was reviewed and approved by the County but not by the City of
Round Rock. Developed properties, whether platted or not, are served by water wells and septic
systems. Strips along the Boulevard were acquired from each parcel for a recent road -widening and
wastewater line installation project.
Owing to the availability of water and wastewater lines in East Old Settlers Boulevard, the City has
determined the tract is served by municipal utilities for unilateral annexation purposes. The cost for
actually tapping the water and wastewater lines and connecting to municipal service is the responsibility
of the individual property owner at such time the owner wishes to connect or further develop the
property. This expense has been determined to be customary and reasonable.
Upon annexation, the City will provide the usual compliment of municipal services, including
maintenance of approximately 337 feet of Fairview Drive right-of-way. The service plan complies with
the requirements of the Texas Local Government Code.
- CONTINUED ON NEXT PAGE -
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
1111111111111111111101
THE STATE OF TEXAS *
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK *
11111
111111111111111 ::',Gs
2009035267
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 -09-05-14-8G10 which annexes 20.69
acres located immediately to the north of East Old Settlers Boulevard, west of Bluffstone Drive,
and east and west of its intersection with Fairview Lane. This ordinance was approved and
adopted by the City Council of the City of Round Rock Texas at a regular meeting held on the
14th day of May and is recorded in the City Council Minutes Book No. 57.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 18th day of May
2009.
SARA L. WHITE, City Secretary
ORDINANCE NO. 1\- O O ' "(4 - 2io
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER -
DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE
CITY OF ROUND ROCK, TEXAS, TO -WIT: 20.69 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 20.69 acres of land, (the "Property"), said
Property being situated in Williamson County, Texas, and being
more particularly described on Exhibit "A" attached hereto and
made a part hereof by reference for all purposes; and
WHEREAS, the procedures prescribed by the Charter of the
City of Round Rock and the applicable laws of the State of Texas
have been duly followed with respect to the Property; and
WHEREAS, the City Council of the City of Round Rock by
resolution directed the City's Planning Director to prepare a
0:\wdox\SCCInts\0112\0905\MUNICIPAL\09514G10.DOC/rmt
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
published in the Round Rock
and
hearings by
causing notice
Leader newspaper
to be
on April 11, 2009;
WHEREAS, the City complied with all statutory provisions
requiring website posting of such first and second public
hearings; and
WHEREAS, the City Council of the City of Round Rock held
the first public hearing concerning annexation of the Property,
following lawful posting and publication, on April 9, 2009; and
2
WHEREAS, the City Council of the City of Round Rock held
the second public hearing concerning annexation of the Property,
following lawful posting and publication, on April 23, 2009; and
WHEREAS, after considering the public testimony received at
each such hearing, the City Council of the City of Round Rock
determines that annexation of the Property is proper in all
respects and that such action is in the best interests of the
community and its citizens; and
WHEREAS, the City Council of the City of Round Rock finds
that each and every requirement of law concerning public
notices, hearings, and other procedural matters has been fully
complied with; and
WHEREAS, the City Council of the City of Round Rock
determines that the Property for annexation which is more fully
described in Exhibit "A" should be annexed; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That all of the above recitations are found to be true and
correct and are incorporated into the body of this Ordinance.
II.
That the property described in the attached Exhibit "A",
together with all adjacent roadways, be and is hereby annexed
and brought within the corporate limits of the City of Round
Rock, Texas, and same is hereby made an integral part hereof;
and that the boundary limits of the City of Round Rock be and
the same are hereby extended to include the above-described
3
territory within the city limits of the City of Round Rock, and
the same shall hereafter be included within the territorial
limits of the City of Round Rock.
III.
That the owners and present and future inhabitants of the
area herein annexed be entitled to all rights and privileges of
other citizens and property owners of the City of Round Rock,
and are hereby bound by all acts, ordinances, resolutions and
regulations of the City, and all other legal actions now in full
force and effect and all those which may be hereafter adopted.
IV.
That the official maps and boundaries of the City of Round
Rock, heretofore adopted and amended, be and are hereby amended
so as to include the aforementioned territory as part of the
City of Round Rock, Texas.
V.
That the Service Plan providing for extension of municipal
services to the areas proposed to be annexed, attached hereto
and incorporated herein as Exhibit "B", is hereby approved.
VI.
That the appropriate city official of the City of Round
Rock is hereby directed and authorized to perform or cause to be
performed all acts necessary to correct the official map of the
City to add the territory hereby annexed, as required by law.
4
VII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerks of Williamson County, Texas and Travis County,
Texas.
VIII.
That this Ordinance shall become effective after its
passage.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other ordinance of the City. The
City Council declares that it would have adopted the valid
portions and applications of this Ordinance and would have
annexed the valid property without the invalid part, and to this
end the provisions of this Ordinance are declared to be
severable.
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
5
B. The invalidity of any section or provision of this
Ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter thereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 1147 — day
of
May
, 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:
S10-4/7/t/L-batt
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD
AT FAIRVIEW DRIVE TRACT
DESCRIPTION
1 EXHIBIT
„A„
BEING a 20.69 -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 Document Numbers 2006050697 and 2006045252,
Official Public Records of Williamson County (OPRWC), and Deeds recorded in
Volume 693 Page 525, Volume 2336 Page 22, Volume 2366 Page 22, Volume 2386
Page 208, and Volume 790 Page 887, Deed Records of Williamson County (DRWC),
said Deeds being attached hereto as Exhibits B, C, D, E, F, and G respectively, and
said tract also consisting of a portion of Lots 1, 1A, and 2 of the Greenslope
Addition Amended Subdivision, a subdivision of record in Cabinet D Page 62 of the
Plat Records of Williamson County, and three unplatted parcels;
SAVE AND EXCEPT from said deed descriptions approximately 0.451 acres
previously conveyed to the City of Round Rock as right-of-way, described and
annexed in Ordinance Number A -08-10-23-11B3, as recorded in Document No.
2008083387, OPRWC, attached hereto as Exhibit H;
SAID 20.69 -acre tract also includes the southernmost 337 feet of Fairview Drive
right-of-way, a roadway as depicted on said Greenslope Addition Amended
Subdivision, attached hereto as Exhibit I;
SAID 20.69 -acre tract also being identified on the accompanying sketch, attached
hereto and made a part hereof.
IbMINIUIVN 2EPGS
18-901-06-1169
WARRANTY DEED WITH VENDOR'S LIEN
2 ' .050697
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
DATE: June l Lp , 2006
GRANTOR: Clifford B. Nixon and Eloise Kay Nixon
GRANTOR'S MAILING ADDRESS: PO . ROx 11 g Srn HAV I I /L ,7x 78957
GRANTEE: Tim Hubble and Judy Hubble, husband and wife
GRANTEE'S MAILING ADDRESS: 3000 Kiphen Road Round Rock, TX 78664
CONSIDERATION:
$10.00 and other valuable consideration, receipt of which is hereby acknowledged, and a note of
even date that is in the principal amount of $104,500.00, and is executed by Grantee, payable to
the order of Bank of America, N.A. The note is secured by a vendor's lien retained in favor of
Bank of America, N.A. in this deed and by a deed of trust of even date from Grantee to PRLAP,
Inc., Trustee.
PROPERTY (including any improvements):
Lot 1, of GREENSLOPE ADDITION AMENDED, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet D, Slide 62, Plat Records of Williamson
County, Texas, SAVE AND EXCEPT a 0.055 acre tract conveyed to the City of Round Rock
for road purposes in Document No. 2001035830, Official Public Records of Williamson County,
Texas.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
This conveyance is made and accepted subject to all restrictions, covenants, conditions, rights-of-
way, assessments, outstanding royalty and mineral reservations and easements, if any, affecting
the above described property that are valid, existing and properly of record and subject, further,
to taxes for the year 2006 and subsequent years.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
hereby binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to
warrant and forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms, at which time this deed shall become absolute.
WARRANTY DEED WITH VENDORS LIEN
Page 1
•
EXHIBIT
B„
When the context requires, singular nouns and pronouns include the plural.
Bank of America, N.A., 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 described. The vendor's lien and
superior title to the property are retained for the benefit of Bank of America, N.A. and are
transferred to that party.
Eloise Kay Nixon
Acknowledgement
State of TEXAS
County of WILLIAMSON
This instrument was acknowledged before . ' e / L day of June, 2006,
by Clifford B. Nixon and Eloise Kay Nixon.
dj 1169-fw
RACHUEL K BREWEC
NOTARYPueUC
',JOT or 'ERAS
My Cornmssa:r Expires
VOVEMBEk 1i. 2006 r
After rec rdins relwn 10:
TEXAS AMEFICAN TITLE COMPANY
4201 S. CONGRES WE.
SUITE 203
AUSTIN, TX 78145
ic, State of — XAS
WARRANTY DEED WITH VENDOR'S LIEN
Page 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2, 859697
06/20/2006 02:50 AM
CARRILLO $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
MN)
1
RECORDED BY
NORTH AMERICAN Ti
2EPGS
2006045252
EXHIBIT
� � a
NORTH AMERICAN TITLE
1 CHISHOLM TRAIL, SUITE 3100
ROUND ROCK, TEXAS 78681
(512) 255-6550
PROPERTY ID NO. R063111
Notice of confidentiality rights: if you are a natural person, you may remove or strike
any of the following information from this instrument before it is filed for record in the
public records: your social security number or your driver's license number.
WARRANTY DEED WITH VENDOR'S LIEN
DATE:
2006
GRANTOR: Robby Iiy Duffield
GRANTOR'S MAILING ADDRESS:
GRANTEE: Susan E. Rock and Walter A. Rock, a married couple
GRANTEE'S MAILING ADDRESS: 3010 Kiphen Rd., Round Rock, Texas 78664
CONSIDERATION:
$10.00 and other valuable consideration, receipt of which is hereby acknowledged, and a Note of even date
herewith in the principal sum of $ 118,400.00, and is executed by Grantee, payable to the order of Bank of
America, N.A.. The note is secured by a vendors lien retained in favor of Bank of America, N.A., in this deed,
and by a deed of trust of even date herewith to PRLAP, Inc., Trustee.
PROPERTY (including improvements):
Lot IA, Greenslope Addition Amended, a subdivision in Williamson County, Texas, according to the map
or plat thereof recorded in Cabinet D, Slide 62, Plat Records of Williamson County, Texas, Save & Except
that 0.082 acre tract conveyed to the City of Round Rock by Document No. 2001062139, Official Public
Records, Williamson County, Texas.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
This conveyance is made and accepted subject to all restrictions, covenants, conditions, rights-of-way,
assessments and easements, if any, affecting the above-described property that are valid, existing and properly
of record, and subject further to taxes for the year 2006 and subsequent years.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and
appurtenances thereto in anywise belonging, to have and to hold it to Grantee, Grantee's heirs, executors,
administrators, successors and assigns forever. Grantor hereby binds Grantor and Grantor'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 and exceptions to conveyance and warranty.
The vendor's lien and superior title to the property are retained until note described above is fully paid
according to its terms, at which time this deed shall become absolute.
/Ite4''' ll� �- 3g51-0000 - ovo t �-
Bank of America, N.A., at Grantee's request, has paid to Grantor that portion of the purchase price of
the property evidenced by the Note described above. A vendor's lien and superior title are retained herein for
the benefit of Bank of America, N.A. and are hereby transferred to that party.
When the context requires, singular nouns and pro : s include the plural.
bby ' D4�ffield
Acknowledgment
STATE OF di Y -
COUNTY OF IDA
This instrument was acknowledged before me this 'day of
Robby Kay Duffield.
Title Company GF# TX066650139LKW
After recording, return to:
North American Title
No. 1 Chisholm Trail, Ste. 3100
Round Rock, Texas 78681
Attn. Emily Isbell
$20.00
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2086045252
06/02/2006 04:01 PM
CARRILLO $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
1.'
2.
1
Deed 1
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
91-4r
voL 693 PAGE 525
KNOW ALL MEN BY THESE PRESENTS:
. That T. R. TOMLINSON and wife, BEULAH TOMLINSON of Travis County,
Texas,
hereinafter called Grantor, whether one or more, person, firm or
corporation, for the consideration paid and secured to be paid as
hereinafter provided, has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY, unto CURTIS R. HERMAN and
wife, MARY KATHERINE HEHMAN of Travis County, Texas,
• hereinafter called Grantee, whether one or more, all that certain
lot, tract or parcel of land lying and being' situated in Williamson
County, Texas, and known and described as follows, to -wit:
Lot Two (2), GREENSLOPE ADDITION, an addition
in Williamson County, Texas, according to the
map or plat of record in Cabinet D, Slide 19,
Plat Records of Travis County, Texas.
TO HAVE AND TO HOLD the above described premises, together with all
and singular, the rights and appurtenances thereto in anywise belong-
ing, unto the said Grantee, their heirs and assigns
forever; and Grantor does hereby bind themselves, their heirs, exe-
cutors and administrators
AND FOREVER DEFEND, all and singular, the said premises untto o theRRANT
said Grantee, their heirs and assigns
person whomsoever lawfully claiming or to claim the samagoe rnan every
thereof, subject, however, to all valid restrictions and easements
which are of record applicable to the property hereby conveyed.
The consideration paid and secured to be paid for said property is
as follows:
TEN AND NO/100 ($10.00) DOLLARS -and other good, valuable and
sufficient consideration cash to Grantor in hand paid, the receipt
of which is hereby acknowledged and confessed, and for the payment
of which no right or lien, express or implied, is retained.
This conveyance is made subject to the following restrictions, covenants,
and conditions which shall be running with the land:
(1) Said property shall be restricted for residential purposes
with only one one -family dwelling permitted.
EXHIBIT
„p„
VOL 693 PAGE 528
(2) No mobile home shall be placed on said property.
(3) No hogs are allowed.
(4) No commercial business or raising of fowls or animals for
commercial purposes.
(5) No junk yard or auto wrecking yard or any used lumber stored
on premises.
(6) If road frontage is fenced, it must be of standard chain-
link type.
/L
WITNESS OUR HANDS this the /j eday of December, 1977.
BEULAH TOMLINSON
THE STATE OF TEXAS. 1
COUNTY OF TRAVIS X
BEFORE ME, the undersigned authority, on this day personally
R. TOMLINSON and wife, BEULAH TOMLINSON, known to me to
Age., . e aons whose names are subscribed to the foregoing instrument
°laftliath4C. owledged to me that he/she executed the same for the
purposes alconsideration therein expressed.
/}`•bIVEN k1NDER MY HAND AND SEAL OF OFFICE, this the j.P.fe day of
z'lAgcemjr t: k9�7.
THE STATE OF TEXAS 1
County of Williamson J I. Dick Cervenka, Clerk of the evilly; Court: t6 said county, do hereby certify
that the foregoing Instrument in writing, with Its certificate of authentication, was fed for record In toy office
on the 22nd .day er.,.__Dec ..a. D. 10...7�..R:_1f#.•
—....._v_. ..._.9iddick...L...i •and
.. �• , '+., duly recorded this
22nd —._
the. -...__..._.__._..day of Pag. ...._._.e. D. 10.12.. •L•- •20..._'..... o• t_
e�orYp..,.M the_
•
\``Deed
__ .�_.____.._....—......_-__ Raords of 1St COQ', la
01.644 p9-425
WTTNI..8s MY HAND sad sal of the Cour
the date last above written tY Court ot. fi;d 'County. • ft• attire to floorgetewq Texas
/,14‘ManU DICK :.CERVENKA. CLERK,
;County Court, Williamson County, Texas
BY
Loan No: 01934959
Borrower. HOSSAIN F. MEHRABIAN
INC.RECORDED BY
WARRANTY DEED WITH VENDOR'S LIEN
� TFXAS PROFESSIONAL 11IN.7 n
27610
Date: )
X9.1993
Grantor: BOBBY H. CHATHAM, SR. AND WIFE, GLENDA J. CHATHAM
M
�? Grantee: HOSSAIN F. MEHRABIAN AND WIFE,
ORLENA M. MEHRABIAN
Data ID: 348
•
Grantee's Mailing Address (including county):
3200 KIPHEN ROAD, -
ROUND ROCK, TEXAS 78664
WILLIAMSON County
Consideratlotie
TEN AND NO/100 DOLLARS (510.00) and other valuable consideration and note(s) of even date
executed by Grantee payable to the order of
ACCUBANC MORTGAGE CORPORATION
('Lender),
in the amount(s) of $ 119,950.00
the note(s) being secured in whole or in part by vendor's Ilen retained in favor of Lender in this deed
and also secured by a deed of taut of even date from Grantee to
MICHAEL L RIDDLE,
Trustee.
Props: (dfkding any Improvements):
5.508
BEING LAPS ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR.
SURVEY A-173, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS 1N EXHIBIT "A' ATTACHED HERETO
AND MADE A PART HEREOF.
Reservations from and Exceptions to Conveyance and Warranty:
Any and all restrictions and easements of record.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, setts, 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, as the case may be, forever. Grantor binds Grantor and Grantor's heirs,
executors, administrators, successors and assigns, as the case may be, to warrant and forever defend all and singular
the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
tt _O� FFICIAL RECORDS
3-2/ 2e 7 lIY1 iMi�ON CO(IfiTY,1FXA$
•
•
i
vet.2336rA6E 023
The vendor's lien against and superior title to the property are retained until each note descrlbod a fully
paid according to its terms, at which time this deed shall bccome absolute. The vendor's lien and superior title
are transferred to Lender without recourse on Grantor.
When the context requires, singular nouns and pronouns include the plural.
State of TEXAS
County of WILLIAMSON
This instrument was acknowledged before me on the 9
by
BOBBY R CHATHAM, SR. AND GLENDA J. CHATHAM
3
f
day of JULY
1993
LESLEY KAREN WILLIAMS
Notary Prete, stab a TM.
tty Grad Vol Abi suis
Notary Public
My commission expires:
State of TEXAS
County of WILLIAMSON
This instrument was acknowledged before me on the
by
My commission expires:
AFTER RECORDING RETURN TO:
HO AIN*. M
HEN R
(Printed Name)
day of 19
Notary Public
TEXAS Fr.,7g7::7! .,:.:�_ '! ;T►EINC.
7. J �. ::., .. _ n
(Printed Name)
VOL. 2336 PACE 024
BXIIIBI'r "A"
Field Notes describing 5.508 acres of land out of and a part
of the Willis Donaho Survey No.117, Abstract No.173, situated in
Williamson County, Texas, said 5.508 acre tract being more
Particularly described as being a portion of that certain 29.87
acre tract of land described in a deed of record in Volume 737,
Pape 89 of the Deed Records of Williamson County, Texas, said
5.509 acre tract being more fully described by metes aril bounds
as follows;
BEGINNING at a steel pin sot in the present north line of
County Road No.113, at the soUtheast corner of that certain 10
foot wide strip of land dedicated for additional right-of-way by
the plat of Greenslopes Addition Amended, a subdivision of record
in Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, for the southwest corner of the tract herein described;
THENCE leaving said County Road and with the west line of
this survey, the following three (3) courses;
1. N 19 10'53" W. et 9.96 feet pass a steel pin found at the
southeast corner of Lot 2 of said subdivision, continue
for a total distance of 348.23 feet to a steel pin found
at the northeast corner of said Lot 2, same being the
southeast corner of Lot 1 Block A, Greenslopes addition
Phase 2. of record in Cabinet d, Slide 66 of the plot,
Records of Williamson County, Texas;..
2. N 21 47'05" W with the east Line of said Block r1, 274.44
feet to a steel pin found;
3. N 18 51'31" W, with thy, east line of said Block n, 447.56
feet to a steel pin Got for the northwest corner of the
tract herein descscribed;
• THENCE with the north line of this survey N 71 12'12" E
222.54 feet to a steel pin found for the northeast corner of the
tract herein described;
THENCE with the east. line of thls survey the following three
courses;
1. S 19 24'03• E 99.76 foot to a steel pin found;
2. S 17 15'07" E 31.94 fr,et to a steel pin found;
3. S 19 00'16" E 1013.93 feet to a steel pin sot In Lhe
present north line of said County Road No.113. for the
southeast corner of the tract herein described;
THENCE with the present north line, of said County Road N 80
49'26" W 221.81 feet to the place of BEGINN'ING containing 5.508
acres of land.
•
(3)
STATE OF TEXAS COu;ITY of 1itwPlt$ON
1 hereby eert:ty that this instrument was FILED
on the dale and at the ems stamped baton
try ate. and was duly RECORDED in the VOW=
and Para of the oared RECORDS of 1;;;:izason
County. Texas. as starap_d tureen by rue, on
J 14 1993
COUNTY CLERK
WILLL MSON COUNTY, TEXAS
•
•
cp
TIANDIThi
RECORDERS O asvnal art et the test en thle psF
it clearly Icz b:^ fa* :stkrncter9`-�J
r
Loan No: 01934959
Borrower. HOSSAIN P. MEHRABIAN
RECORDED By
TEXAS PROFESSIONAL TITLE, INC. WARRANTY DEED WITH VENDOR'S LIEN
27610
Date: July 9, 1993
Grantor: BOBBY H. CHATHAM, SR. AND WIPE. GLENDA J. CHATHAM
C*'
C�? Grantee: HOSSAIN F, MEHRABjAN AND WIFE,
Q ORLENA M. MEHRABIAN
Otantee's Mailing Address (including county):
3200 KIPHEN ROAD, •
ROUND ROCK, TEXAS 78664
WILLIAMSON County
Consideratioiit
•h
��M�{cc
Prope (illi tiding any Improvements):
5.508
BEING SAPS ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIs DONAHO, JR.
SURVEY A-173, SITUATED W WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT •A' ATTACHED HERETO
AND MADE A PART HEREOF.
Data ID: 318
TEN AND NO/100 DOLLARS (510.00) and other valuable consideration and note(s) of even date
executed by Grantee payable to the order of
ACCUBANC MORTGAGE CORPORATION
('Lender'),
In the amount(s) of S 119,950.00
the note(s) being secured in whole or In pan by vendor's lien retained In favor of Lender In this deed
and also secured by a deed of trust of even date from Grantee to
MICHAEL L RIDDLE,
Trustee.
Reservations from and Exceptions to Conveyance and Warranty:
Any and all restrictions and easements of record
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 alt and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's hells, executors,
administrators, successors, or assigns, as the case may be, forever_ Grantor binds Grantor and Grantor's heirs,
executors, administrators, sucetssors and assigns, as the case may be, to warrant and forever defend alt and singular
the property to Grantee and Grantee's heirs, executors, administrators, suo essors, and assigns against every person
wbomsoever lawfully claiming or to claim the same or any pan thereof, except as to the reservations from and
exceptions to conveyance and warranty.
32/ 7e 7
_OFFICIAL FFICIAL RECORDS
1W.LIALISON COUNTY, TEXAS
•
•
EXHIBIT
„Fre
The re
paid accounts
are tnnskne
When
. vol.2335PASE 023
id superior to the prop( ire retained until each note described la Polly
:h time tb 1 shall bccot bsolute. The vendor's ilea and superior Ude
•coourse a dor.
1 angular nc td pronouns ade the plural.
State of TEXT.
County of Wil
[his inswmee
by
BOBBY H. C
My commission
State of TEXA:
Conry of WIL
tefore me
GLEND,
+ALUAMS
■ ot'am
,W 11963
4' 6le2 BOBBYVlr1-�CHATHAM. SR.
9
HATHAM�
of JULY
• 47 I
GLEN a A 7. CHATHAM
1993 ,
nth imennneni 4
by
My commission
AFTER RECOI
H
3
ROUN•
:fore me c
(Printed Name)
1 t 19__,
Notary Publk
(Printed Name)
1.1E
64 FL tE 202
1.'� 154
vot.2336PAGE 024
EXHIBIT "A"
Field Notes describing 5.508 acres of land out of and a part
of the Willis Donaho Survey No.117, Abstract No.173. situated in
Williamson County. Texas, said 5.508 acre tract being more
Particularly described as being a portion of Lhat certain 29.87
acre tract of land describes! In a deed of record in Volume 737.
Page 89 of the Deed 'Records of Williamson County. Texas. said
5.508 acre trncE being more fully described by metes And bounds
as follows;
BEGINNING at a steel pin sot.in the present north line of
County Rood No.113, at the southeast corner of that certain 10
foot wide Strip of lend dedicated for additional right-of-way by
the plat of Greenslopes Addition Amended. a subdivision of record
in Cabinet b, Slide 62 of the Plat Records of Williamson County,
Texas, for the southwest corner of the tract herein described;
THENCE leaving ea.ld County Road and with the west line of
this survey, the following three (3) courses;
1. N 19 10'53" W, et 9.96 feet pass a steel pin found of the
southeast corner of Lot 2 of said subdivision, continue
for a total distance of 348.23 feet t<, a steel pin found
et the northeast corner of said Lot 2. same being the
southeast corner of I.ot 1 Block A, Greenslopes addition
Phase 2. of record in cabinet d, Slide 66 of the Plal.
Records of Williamson County, Texas;'.-
2.
exas;:2. N 21 47'05' W with the east Line of said Block A. 7.74.44
feet to a steel pin found;
3. N 18 51'31` W. with tho east line of said Block A, 447.55
feet to a steel pin set for the northwest corner of the
tract herein descscrlbed;
• THENCE with the north line of this survey N 71 12'12" E
222.54 feet to a steel pin found for the northeast corner of the
tract herein described;
THENCE with the east line of this survey the following. three
(3) courses;
1. $ 19 24'03• E 99.76 fent to a steel pin found;
2. 5 17 15'07" E 31.94 feet to a steel pin found;
3. S 19 OO'16' E 1013.93 feet to a steel pin sot in the
present north line of said County Road No.113. for the
southeast corner of the tract herein described;
THENCE with the present north 11r*, of said county Road N 88
49'26' W 221.81 feet to the place of BEGINO NG containing 5.608
acres of land.
STATE VEILS COU:117OFk7WLLMASON
1 hereby Certify Wt this instrument fns FILED
on the date and at tho time stamped hUn
by me, and Was they RECOZDEED in the Musa
and Pace of the orad RECOI,OS of Malmo
County. Texas, u atmapd hereon by de, as
Jiff 1 d 7993
COUNTY CLERK
WILLIAMSON COUNTY. TEXAS
r r
w
�o
e3
r� posts oot�
dolly to le tor ...3tristactory
Tx-deed.Os
102391dee
rtedc
voi.2886rAGE 208
41137
RTC TEXAS SPECIAL WARRANTY DEED
TEES OPEC IaL WARRANTY DEED is made the
I
1993, by RESOLUTION TRUST CORPORATION, of
ace ver r as
Pace coast Federal savings Association of America,
whose addr s is 000 MacArthur Blvd., Newport Beach CA 92660, as
GRANTOR, to Hossain Mehrabian and Orlena Mehrabian, Husband and
Wife, whose address is 3200 RIPBEN RD,
mRAM , as GRANTEE. ROCK, T 78664
Witness that Grantor, for good and valuable consideration,
receipt of which is acknowledged, sells, grants and conveys to
more particularly described as:
Grantee all the real property located In Williamson County, Texas,
See Exhibit A attached hereto and incorporated herein
together with all tenements, hereditaments and appurtenances
thereto; subject to current real property taxes, zoning and other
governmetal restrictions, and all covenants, conditions
restrictions, easements, rights-of-way and other matters of record.
To have and to hold, all and singular, the real property
aforementioned unto said Grantee, its successors and assigns,
forever.
forever Grantor hereby covenants with Grantee that Grantor will
defend
through or un:deraGrantor, but ainst claims
otherwise, a except l asmitsons o the
reservations from and exceptions to this conveyance as
aforementioned. Grantor makes no other covenants or rr'arranties,
express or implied, of merchantability, marketability, fitness or
suitability for a particular purpose or otherwise except as set
forth and limited herein. Any implied covenants or warranties are
expressly disclaimed and excluded by this Special Warranty Deed.
IN WITNZP_'9 WHEREOF, Grantor has set its hand and seal the day
and year first above written.
ATTACH ACKNOWLEDGMENT
GRANTOR:
RESOLUTION TRUST CORPORATION, as
Receiver for Pacific Co at Federal
Savings Association o
By:
Title:
OFFICIAL RECORDS
WILLIAtISOU COUIUTY, TEXAS
EXHIBIT
„G„
•
,Stere"314. fit Frp
County of D ^rimy }
On D / p /3 before me, P 0 L s GkA
/tie,
WEE/WEE/
I
sums. mu Or orrice /. . tE . WE DOE My EUSUS1
M4ve4(Ce e- /OD/ /170
INMIE)SI O S1GNERIS))
ACM WLEUUMENT
VOL `4:306PAGE 209
personally appeared
flitpersonally known to me • OR; 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged
to me that he/she/they executed the same In
his her/herr sig ature(s)) r athorized on acitheenstrrum ntand thatthbe
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand prod official seal.
.......
(sew 151GEun)RE OF NOTARY)
ATM ON NOTARY: The information requested below is OPTIO : AL It could, however, prevent fraudulent attachment d this cortiflc&te to any unauthorized dacumenr.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
OOECQrt11OW RE11—Au POEMS/LIWOWIEDGMINT IN III MEE C 0tY/REPRESENTEDOWSWEUIER,Ir—Rw 12.12
• SY___J oy
MCNT 1NualiNNt (p►t15Ni)
1
CAPACITY CLAIMED By SIGNERS)
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
❑ PARTNER(S)tsl)
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: —_
SIGNER 13 REPRESENTING:
MRME OP PERSON1s1 OR ENrrrrOEs)1
a
or
corpora
on, on beh o sal corporal
My commission expires) Notary Pub c n and or the tate o as
otaryls r nted Name
AFTER RECORDING RETURN TOs
11m wo corns rowE, ec
on.
4
voL.2386PAGE 210
FIELD NOTES OF 6.57 ACRES OF LAND
OUT OF WILLIS DONAHOO SURVEY,
ABSTRACT NO. 173,
WILLIAMSON COUNTY, TEXAS
BEING ALL OF THAT 6.57 ACRES OF LAND, MORE OR LESS, OUT OF
WILLIS DONAHOO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON
COUNTY, TEXAS, AND BEING A PORTION OF THE 29.87 ACRES OF LAND
DESCRIBED IN A WARRANTY DEED FROM TOMLINSON TO LEWIS,
RECORDED IN VOLUME 737, PAGE 897 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAVE AND EXCEPT THE FOLLOWING
TRACTS OF LAND; .
1. SADDLEBROOK ESTATES SUBDIVISION, SECTION ONE,
RECORDED IN CABINET F, SLIDES 40-41, PLAT RECORDS,
2. 1.00 ACRE TRACT CONVEYED TO DIAZ
RECORDED IN VOLUME 877, PAGE 11, DEED RECORDS,
3. 1.50 ACRE TRACT CONVEYED TO PEREZ
RECORDED IN VOLUME 875, PAGE 767, DEED RECORDS,
4. 1.00 ACRE TRACT CONVEYED TO WAYCASTER
RECORDED IN VOLUME 857, PAGE 522, DEED RECORDS,
5. 4.65 ACRE TRACT CONVEYED TO BROOKS
RECORDED IN VOLUME 790, PAGE 887, DEED RECORDS,
6. 5.508 ACRE TRACT CONVEYED TO MEHRABIAN
RECORDED IN VOLUME 2366, PAGE 22, OFFICIAL RECORDS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE at a point in the northerly Right of
Way line of County Road 113 at the southwest corner of said
29.87 Acres, same being the southeast corner of Lot 2 of
Greenslope Addition Amended, a Subdivision recorded in
Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, same being the southwest corner of the 5.508 Acre
conveyedtract 2366, Page 22ofOfficialrRecordseofd r
ecorded in
VolumeWilliamson
County, Texas;
THENCE, along the northerly Right of Way line of said County
Road 113, same being the southerly line of said 29.87 Acres,
S 88°53'00" E, passing the southeast corner of said 5.508
Acres, same being the southwest corner of a 4.65 Acre tract
conveyed to Brooks in a Warranty Deed recorded in Volume 790,
Page 887 of the Deed Records of Williamson County, Texas, at
a distance of 221.81 feet, for a total distance of 443.47
feet to THE POINT OF BEGINNING and the Southwest corner of
the tract herein described, same being the southeast corner
of said 4.65 Acres;
THENCE, leaving the northerly Right of Way line of said
County Road 113 and along the westerly line of the tract
herein described, same being the easterly line of said 4.65
Acres, N 18°51'20. W, for a distance of 996.91 feet to a
corner, same being the northeast corner of said 4.65 Acres;
FIELD NOTES OF 6.57 ACRES OF LAND
OUT OF WILLIS DONAHOO SURVEY,
ABSTRACT N0. 173,
WILLIAMSON COUNTY, TEXAS
PAGE TWO
voi. 2 3 8 6 PAGE 211
THENCE, along the northerly line of said 4.65 Acres,
S 71°11'00" W, for a distance of 69.48 feet to a corner, same
being the southeast corner of a 1.80 Acre tract conveyed to
Waycaster in a Warranty Deed recorded in Volume 857, Page 522
of the Deed Records of Williamson County, Texas;
THENCE, continuing along the westerly line of the tract
herein described, same being the easterly line of said 1.80
Acres, N 18°49'00" W, for +3 distance of 272.28 feet to a
point for the Northwest corner of the tract herein described,
same being the southwest corner of Lot 4, Block B of
Saddlebrook Estates, Section One, a Subdivision recorded in
Cabinet F, Slides 40-41 of the Plat Records of Williamson
County, Texas;
THENCE, along the northerly line of the tract herein
described, same being the southerly line of said Saddlebrook
Estates, Section One, the following Two (2) courses:
1. N 72°38'59" E, for a distance of 136.00 feet to a
point at the southeast corner of said Lot 4, same
being the southwest corner of Lot 5, Block B of said
Subdivision,
2. N 72°30'49 " E, for a distance of 135.78 feet to a
point in the easterly line of said 29.87 Acres, for
the Northeast corner of the tract herein described,
same being the southeast corner of said Lot 5;
THENCE, along the easterly line of said 29.87 Acres and the
tract herein described, S 19°07'00" E, for a distance of
1338.21 feet to a point in the northerly Right of Way line of
said County Road 113, for the Southeast corner of said 29.87
Acres and the tract herein described;
THENCE, along the northerly Right of Way line of said County
Road 113, same being the southerly line of said 29.87 Acres
and the tract herein described, N 88°53'00" W, for a distance
of 221.84 feet to the POINT OF BEGINNING, and containing 6.57
Acres of Land, More of Less.
SNS ENGINEERING, INC.
LESLIE VASTERLING
STATE OF EXAS COUNTY OF WILLIAMSON
I hereby certify that this
on the date and al the time stamped
ml was FILEn
and me, and was duly RECORDED in
hereon
llanison
County,
of the named RECORDS the Volume
ty, Texas• as stamped hereon b Ima. on
OCT O 5 Y ma, an
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
i •
NOTICE
P:apored by IM Slab Bar of Teu, for Ulf by Lawy r, only. Rev(end 1-1-76.
Tu sefecl the proper form fill in Monk spares, prile oat form prarisloas or
insert special terms constitutes the practice a/ law, Na "mondani Jones" can
neer off rraniremeats.
•
VOL 7913PACE 887
WARRANTY DEED WITH VENDOR'S LIEN
16196
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
} KNOW ALL MEN BY THESE PRESENTS:
That we, LEE A. LEWIS and wife. SHARON D. LEWIS
of the County of Williamson
consideration of the sum of TEN AND NO/100
and State of
Texas for and in
010.00) DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which
is hereby acknowledged, and the further consideration of the execution and delivery by grantees of
their one certain promissory note of even date herewith, in the principal sum of FOURTEEN
THOUSAND, EIGHT HUNDRED EIGHTY AND NO/100 DOLLARS --($14,880.00), payable to the order of
grantors in annual installments and bearing interest as therein provided, containing the
usual clauses providing for acceleration of maturity and for attorney's fees,
• This property hereby conveyed is encumbered by prior Notes, as set forth in Attachment
"A", and is subject to the restrictions set forth in Attachment "B".
• An undivided is interest of all the oil, gas and other minerals in, upon and under the
subject property was reserved in instrument recorded in Vol. 663, Pg. 642 of The Deed
Records of Williamson County, Texas.
the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed
of trust of even dart herewith to CARLOS W. HIGGINS, Trustcc,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JAMES B. BROOKS, JR., and wife, CONNIE BROOKS
oldie County of Wi 111amson and State of Texas . all of the following described rear
pmperty in Williamson County, Texas, to -wit:
4.65 acres of land. more or less, out -of the WILLIS DONAHO Survey, and more
fully described by metes and bounds as follows: (next page)
643— -D --1oo46y
EXHIBIT
"11
•
BEGINNING at an iron pin found in the North r.o.w. line of County Road
No. 113 at the Southwest corner of the above described Lewis 29.87 acre
tract of land, continuing 222,00 feet•at.a bearing of S 88 .53' E
to an iron pin, for the Southwest corner and PLACE OF BEGINNING hereof
C>O
000 Then, with the East line of the Gary and Sharon Yurklewlcz property
the following three calls:
W
p N 18° 49' W for a distance of 455.16 feet to an iron pin found
pfor an angle point
N 18° 49' W for a distance of 201.56 feet to an iron pin found
▪ for an angle point
N 18° 49' W for a.distanceof 277.54 feet•to an iron pin,found
tor an angle point for'the Northwest corner hereof •
THENCE N 71° 11' E for a distance of 208.38 feet to an iron pin set
for the Northeast corner hereof
THENCE S 18°49'. E for a distance of 1009.83 feet to an iron pin set
in the North line of County road No. 113.fOr'the'Southeast corner
hereof
THENCE with the North line of County Road No. 113, N 88° 53' W for
a.distance of 221.66 feet to PLACE OF BEGINNING and containing 4.65
acres of land more or less.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto In anywise belonging unto the said grantee s, thei r 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 grantee s , their
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above
described premises, Is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
Grantors agree that prior to any default in payment of the hereinbefore referenced
Note, Grantees their successors or assigns, shall be entitled to have released from the liens
securing such Note, acreage upon payment at the rate of FOUR THOUSAND AND N0/100 DOLLARS-
($4,000.00) per acre, with the first acreage released to be 300 feet or more away from
County Road 113, but with subsequent acreage released located at Grantees'. choice; Grantees
shall bear all costs of releases. All unreleased acreage shall have access to a public
road by a 30' easement to be located along the East border of the 4.65 acre tract.
.`1
car!
EXECUTED this 25th day of
•
D. 1980
AssSHARON D. LEWIS'
(Acknowledgment)
VOL 71:1 PACE 889
THE STATE OA TEXAS
coulmr OP WILLIAMSON
Before me, the undersigned authority, on this day personally appeared LEE A. LEWIS
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.
Olsen undernty band"and sed of office on this the• 7th "If March , A.D. 19 80
NotaryPublic in and for 1 I• t 7111SSon County, Texas.
Myyncommission expires .x!a�41JlTY ._._ ..._ Z ., 190.4.....
_.7[td[iC.1CF �t.._.E ,,ppa.)'......_.._....__
(Printed or stamped name of'notary)
THE STATE OF TEXAS
COUNTY OF WILL IAMSON
}
(Acknowledgment)
Before me. the undersigned authority, on this day personally appeared SHARON D. LEWIS
"(known to me to be the person . whose name.......13...... subscribed to the foregoing instrument, and acknowledged to me
that She executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the 25thTay of March A.D. /1480
Notary Puhtic in and for Willi amson County, 'Texu.
My commission expirea..1BIIUIIy jf.. z�ia.._.�._...„ ._.. 1984
.......... -
(Printed or stamped name of notary) -
-r.1IL4Nbii6Anlixe441.aM,.NmOtrel ..•- -r-w- :.o:.. ;.. _- :•:k i'r .rq 7'7,7.7. 7 - -.N,
•
VOL 799rRGE 890
ATTACHMENT "A"
Prior encumbrance, sale of 4.65 acres, LEWIS to BROOKS
This conveyance is made subject to and the Grantee herein does not assume payment
of the unpaid balance of the following two Notes:
(1) That certain indebtedness in the original amount of FORTY-FIVE THOUSAND,
FIVE HUNDRED SEVENTY EIGHT AND NO/100 DOLLARS--($45,578.00),dated February 15, 1977,
executed by THURMAN R. TOMLINSON and wife, BEULAH TOMLINSON, and payable to the order •
of YVONNE CODY DELL, and secured by a Vendor's Lien in Deed of even date, and being
additionally secured by a Deed -of Trust recorded in Vol. 211, Page 72, Deed of Trust
Records of Williamson County, Texas.
(2) That certain indebtedness in the original amount of FIFTY-SEVEN THOUSAND,
TWO HUNDRED SEVEN AND 50/100 DOLLARS --($57,207.50), dated November 2, 1978, executed by
LEE A LEWIS and wife,SHARON D. LEWIS,and payable to the order of THURMAN R. TOMLINSON
and wife, BEULAH TOMLINSON, and secured by a Vendor's Lien in Deed of even date, and
being additionally secured by a Deed of Trust recorded in Vol. 257, Page 32, Deed of
Trust Records of Williamson County, Texas.
But Grantor as well as any other owner and holder of Grantee's FOURTEEN THOUSAND, EIGHT
HUNDRED EIGHTY AND N0/100 DOLLARS --($14,880.00) Note shall be obligated to pay any and
all installments falling due on the above described Note 02 as and when due, and shall
be obligated to cure any default occurring in the payment of the above described Note
11, to the extent necessary to protect Grantee's interest in the herein conveyed tract
of land, and as provided for inthe above referenced Deed of Trust securing such in-
debtedness, and in the event of default in the payment of any such installment on
Note #2 or failure to cure any default in the payment of Note 11, so long as Grantee
is not in default in the payment of Grantee's aforesaid FOURTEEN THOUSAND, EIGHT
HUNDRED EIGHTY AND NO/100 DOLLARS --(514,880:00) Note, or in default in the performance
of the Deed of Trust securing said Note, Grantee shall have the right to pay any such
delinquent installment or installments and to receive credit upon Grantee's FOURTEEN
THOUSAND, EIGHT HUNDRED EIGHTY AND NO/100 DOLLARS --($14,880.00) Note for all sums so
paid, and in such manner as Grantee shall direct, as of the date of such payment, and
to receive releases of liens for such payment to the maximum extent provided in the
instruments that established the herein described prior liens, and the liens hereby
established.
its+ w •.. • •
•
vot. 79O c€ 891
ATTACHMENT "B"
Seller and purchaser alike agree to deed restrict the 30 acre tract
as follows:
a. All resubdivided tracts (except commercial designated area)
to be used for single family residences only; 65% masonary
exteriors. exclusive of garages, carports and porches; minimum
of 1450 sq. ft. living area -heated and cooled; 1800 sq. ft,
for any two story residence; all new construction only.
b. No hogs; no commercial raising of livestock or animals.
c. One (1) horse or cow per acre maximum allowed.
d. No junk yard or auto storage yard.
e. If road frontage is fenced it is to be of new, chain link
fencing, or better.
f. No mobile homes or temporary structures allowed for habita-
tion.
g. Purchaser. his heirs or assigns may resubdlvide the 30 acres
into tracts of not less than 1 acre each (residential area).
No tract shall be left without public access to a public road.
The above Deed restrictions (a through g) have previously
been agreed upon. In addition Seller requires Purchaser to abide
by the following additional Deed restriction:
a. That any resubdivision of acreage may not be done in
any less than 1 acre tracts.
b. Chain link or better fencing restrictions applies to lots
less than 5 acres on road frontage.
c. No lumber or inoperable automobiles. or truck not to
be left on premises for more than 60 days unless in an
enclosed structure,
THE STATE OF TEXAS
County of Williamson } 1, James N. Boydstgn, Cle,k of the County Court of mid County, do hereby ow.
•Illy that the (ore`olna instrument In writiria, with ,its certinca(o(`authenticstfon, wax riled for record In my once on
March:; A.D.-i9 'B!) ' 4,100
March A.D. 19 X10 \ u 16-,50
the 26th day of
the 27th day of
o'clock, P _ M., and duly recorded this
o'clock_ M., In the
Dead • s
Records of said County, in Vol.-7011pp_ 11117
WITNESS MY HAND and seal of ihE Couto Cduh of said County, a1 office In Georgetown, Texas, the date
last above written,
By JAMES N. BOYDSTON, CLERK,
County Court, Williamson County, Tem
•
INIIhILIlIII
THE STATE OF' TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
111
11111111
11111 D
24 PGS
2008083387
EXHIBIT
"I„
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do
hereby certify that I am the custodian of the public records maintained by the
City and that the above and foregoing is a true and correct copy of Ordinance
No. A -08-10-23-11B3 which annexes 0.451 acres of land, being East Old
Settlers Boulevard right-of-way immediately east of Fairview Drive. This
ordinance was approved and adopted by the City Council of the City of Round
Rock Texas at a regular meeting held on the 23rd day of October 2008 and is
recorded in the City Council Minutes Book No. 57.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 28th day of October 2008.
vuelvicy.,
SARA L. WHITE, City Secretary
ORDINANCE NO. Pr-Ob'10 - 2-?` H131
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT:
0.451 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY,
ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City is a duly constituted Home Rule City
pursuant to Chapter 9, Local Government Code, as amended, and
WHEREAS, pursuant to Section 43.021, Local Government
Code, the City may extend its boundaries and annex area adjacent
to it, and
WHEREAS, the City is the owner of a tract of land
containing 0.451 acres out of the J. M. Harrell Survey, Abstract
No. 284, in Williamson County (the "Property") more fully
described in Exhibit "A", and
WHEREAS, the City Council has determined that all
requirements of Chapter 43, Local Government Code have been
complied with and hereby consider it appropriate to approve the
annexation, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
O:\WDO0\ORD7771V7C\OB70231,3.DOC/rmc
I.
That all of the above premises are found to be
true and
correct and are incorporated into the body of this Ordinance as
if copied in their entirety.
H.
That the City Council has heard the arguments for and
against the annexation and has determined to approve the
annexation.
That the property described in Exhibit "A"
and incorporated herein for all purposes, be
annexed and brought within the corporate
Round Rock, Williamson County, Texas, and
integral part hereof.
attached hereto
and is hereby
limits of the City of
same
is hereby made an
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all
of the rights and privileges of other
citizens and property owners of
by all acts, ordinances and all
said City and are hereby bound
other legal action now in full
force and effect and all those which may be hereafter adopted.
V.
That the official map and boundaries of the City,
heretofore adopted and amended be and is hereby amended so as to
include the aforementioned territory as part of the City of
Round Rock, Texas.
2
VI.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct
the official map of the City to add the territory hereby annexed
as required by law.
VII.
That this Ordinance shall become effective after its
passage.
VIII.
That the City Secretary is hereby directed and authorized
to file a certified copy of this Ordinance in the Office of the
County Clerk of Williamson County, Texas.
IX.
If any section, subsection, sentence, phrase, or word of
this Ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable
of being annexed by the City, for any reason whatsoever, the
adjudication shall not affect any other section, sentence,
phrase, word, paragraph or provision of this Ordinance or the
application of any other section, sentence, phrase, word,
paragraph or provision of any other Ordinance of the City. The
City Council declares that it would have adopted the valid
portions and applications of this Ordinance and would have
annexed the valid property without the invalid part, and to this
end the provisions of this Ordinance are declared to be
severable.
3
X.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other
thereof.
C. The City Council hereby
written notice of the date, hour,
meeting at which this Ordinance
sections or provisions
finds
and declares that
place and subject
of the
was adopted was posted and that
such meeting was open to the public
times during which this Ordinance
were discussed, considered and
required by the Open Meetings Act,
Code, as amended.
Alternative 1.
By motion duly made, seconded
affirmative vote of all the Council
requirement for reading this ordinance on
dispensed with.
READ, PASSED, and ADOPTED on first reading this 234 day
of 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
as
required by law at all
and the
formally
Chapter
subject matter hereof
acted upon, all as
551, Texas Government
and passed with an
members present, the
two separate days was
4
ATTEST:
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
5
EXHIBIT "A"
EAST OLD SETTLERS BOULEVARD AT FAIRVIEW - EAST TRACT
DESCRIPTION
BEING a 0.451 -acre tract of land, more or less, being out of and a potion of the
J.M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, as conveyed to
the City of Round Rock and further described in Warranty Deeds recorded in
2001071459, 2002088808, and 2001054266, Official Public Records of Williamson
County, said Deeds being attached hereto as Exhibits B, C, and D respectively, and
said tract also being identified on the accompanying sketch as Subject Tract 3,
attached hereto and made a part hereof.
(A
aTHE STATE OF TEXAS S
5
COUNTY OP WILLIAMSON S
1.11
okAr . s-701 h 2.,Q5P
t,ttaf 4,4
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
EXHIBIT
B„
ON
ill WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
4 other property rights deemed necessary or convenient for the construction,
T,1 expansion, enlargement, extension, improvement, or operation of a portion of
(' the proposed County Road 113 ("Project"); and,
0
r( WHEREAS, the purchase of the hereinafter -described premises has been deemed
Q necessary or convenient for the construction, expansion, enlargement,
Nextension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, JAMES B. BROOKS, JR. and wife, CONNIE BROOKS, hereinafter
referred to as Grantors, whether one or more, for and in consideration of the
sum of Ten Dollars ($ 10.00) and other good and valuable consideration to
Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency
of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold and by these presents do Grant,
Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson,
State of Texas, being more particularly described as follows:
0.123 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
holever, gothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder`.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and pr"ecriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
aseumes.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
CORK TI ANSIORTADO CR 113CONSR0013g3010636
1
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the Ak/ day of
,SEPT , 2001.
CONNIE BROOKS
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the R.1 , day
of SfAel-r.Yh , 2001 by JAMES B. BROOKS, JR. and wife, CONNIE
BROOKS.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN.
(.3Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
CORK RANSPORTAnowcxji3CON/BROOX. OOI0636 2
no sut
FIELD NOTE DESCRIPTION FOR A 0.123 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,'
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 4.65 ACRE
TRACT, CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PAGE 887; OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right -of -war line of County
Road No. 113, known locally as Kiphen Road, for the southwest comer of said 4.65 acre
tract of land, the same bring the southeast comer of a 5.508 acre tract of land conveyed to
Hussain Melvabian, and recorded in Volume 2336, Page 22, of the Deed Records of
of the hereino County,
Texas, for the southwest corner and the POINT OF BEGINNING
THENCE., with the west line of said 4.65 we tract and the east line of said 5.508 ane
tract, North 19100'53" West, a distance of 26.36 feet, to a calculated point for the
northwest corner of this tract;
THENCE, departing the west line of said 4.65 acre tract, the east line of said 5.508 acre
tract, costing said 4.65 ave tract, South 88'37'12" East, a distance of 222.08 feet, to a
calculated point in the east line of said 4.65 acre tract and the west line of a 6.57 acre
tract conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the
Deed Records of Williamson County, Texas, for the northeast caner of this tract;
THENCE, witb the east line of said 4.65 acre tract and the west line of said 6.57 acre
tract, South 1r47'32" East, a distance of 25.34 feet, to a calculated point in the north
right-of-way line of said County Road No. 113, for the southwest corner of said 6.57 acre
tract, for the southeast corner of said 4.65 acre tract, and for the southeast corner of this
tract;
THLNCE, with the North right-of-way_line of County Road No. 113, and the south line
of said 4.65 ave tract, North 88°51'32" West, a distance of 221.63 feet, to the POINT
OF BEGINNING.
Containing 0123 acmes of land more or leas.
FO^CPCM en '64- 21 2 si 0 1
Randall S. Jones Date
Registered Profeatio Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
SA1aad projects R21,6361aoatmroots.doc
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I RDERS MEMORANDUM
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BRENDA LANE;
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FILED SVD EGL L
OFFICIAL PLIC RECORDS
09-2?- inoil
1:46 PM 2001071459
NARY E. R�RIST�ER $
1C�TY CLERK
WILLIAMSQ4 COUNTY. TEXAS
ems„
THE STATE OF TEXAS
2002088808 7 Dgg
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
§
§
COUNTY OF WILLIAMSON §
EXHIBIT
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL NEN BY THESE PRESENTS:
That, HOSSAIN MEHRABIAN and wife, ORLENA MEHRABIAH hereinafter
referred to as Grantors, whether one or more, for and in consideration of the
sum of Ten Dollars (S 10.00) and other good and valuable consideration to
Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency
of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold and by these presents do Grant,
Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson,
State of Texas, being more particularly described as follows:
TRACT 1:
0.118 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT
NO. 173, Williamson County, Texas, and being more particularly
described in Exhibit "A" attached hereto.
TRACT 2:
0.128 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT
NO. 173, Williamson County, Texas, and being more particularly
described in Exhibit "B" attached hereto.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
00005322. W PD
1
improvements; and taxes for the current year, the payment of which Grantee
assumes.
TO RAVE AND TO BOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the.//4t day of
l rf./i .Q.) , 2002.
HO
N MEHRABIAN
�ll/l.6C4L4
ORLENA MEHRABIAN
Acknowledgment
State of Texas
County of Williamson
This i strument was acknowledged before me on this the
of , day
�� � %i — - 002 1�y HOSSAIN MEHRABIAN and wife,. ORLENA
L,ir;�w �vwvrMpOiq /�
�` Y OOA�IIBSIcx t7c s C/1'1 .
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00003322. WPD 2
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
FTEID NOTE DESCRIPTION FOR A 0.118 ACRE TRACT:
BEING A TRACT OR PARCEL OP LAND SITUATED IN WIILIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF TRE WII.L1S DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 6.57 ACRE
TRACT, CONVEYED TO HUSSA N 1►lABIAN IN VOLUME 2386, PAGE 208,
OF THE OFFICIAL RECORDS OF W LLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBE) BY MeTES AND BOUNDS AS FOLLOWS:
BEGINNING ata calculated point at the southwest corm of said 6.57 acre tract of
the same being the southeast corner of a 4.65 acre tract of land conveyed to Janes Brooks
Jr. and recorded in Volume 790, Pap 887, of the Deed Records of Williamson County,
Texas, said point being in the north right-of-way line of County Road No. 113, known
Locally u Xipben Road, for the southwest corner and the POINT OF BEGINNING of
the herein described tract;
THINCZ with the west line of said 6.57 acre tract and the east line of said 4.65 acre
tract, North 18.47'32" West, a distance of 25.34 fbet, to a calculated point fbr the
northwest corner of this tract;
TBZNCZ, departing the west line of said 6.57 acre tract, the east line of said 4.63 acre
tract, crossing said 6.57 we tract, South 88'37'12' East, a distance of 222.01 feet, to a
mated point in the cut line of said 6.37 acre tract and the west line of a 38.00 acre
tract conveyed to Robert Dillard and recorded in Volume 1390, Pap 799, of the Deed
Records of Williamson County, Texas, for the northeast corner of this tract;
DUNCE, with the east line of mid 6.37 acre tract and the west line of said 38.00 acre
trace, South 1705'32" Eaux, a distance of 24.40 feet to a point for the southeast corner of
said 6.57 acre tract and the southwest corner of said 38.00 acre taut, said point being in
the north right-of-way line of County Road No. 113, and being the sou theat corner of
this tract;
THENCE, with the north right-of-way line of County Road No. 113, North 88'51'32"
West, a distance of 221.81 feet~ to the POINT OF BEGINNING.
Containing 0.118 acres of land, more or less.
Randall S. Jones
Registered Profeuio
State of Taxan
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Torras 78753
7,./ 2i Jp i
Date
Surveyor No. 4391
ALusd Projects R2N6St ekceMearab lan2. x
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FIELD NOTE DESCRIPTION FOR A 0.128 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUIY,
TEXAS, AND BEING OUT OP AND A PART OF THE WILLIS DONAHO SURVEY
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.508 ACRE
TRACT, CONVEYED TO HUSSAIN ASIAN IN VOLUME 2336, PAGE 22, OF
THE MORE PARTICULARLY DESCIAL RECORDS OF CRIBED BY MMEON TEES�ANDBOUNDDS AS FOLLOWS:BE
BEGINNING at an iron rod found at a point in the north right-of-way line of County Road
No. 113, known locally u giphan Road for the southwest corner of said 5.508 acre tract of
land, the same being the southeast corner of Oreeaalope Addition Am
subdiviaion
aocong to the plat thereof recorded in Cabinet , Slide 62, of the Plata
BLGrRecords of
NNINGCo fft rtb, Taus. uid point heroin deaadbed trap the southwest corner and the POINT OF
THXNCZ with the west line of said 5.508 acre tract and the east line of said Greenslope
Addition Amended, the following two (2) courses:
1. North 19°34'04" West, a distance of 10.64 feet to an iron rod found;
2. North 19°04'18" West, a distance of 16.65 feet to a calculated point, for the northwest
corner of this tract;
THENCEdeparting the west lino of said 5.508 aceas
e tract, the t line of said Oreens1ope
Addition
Amended,
ed, said 5.508 acre tract, South 88'37'12" East, a distance of
222.34
2.34.6feet, to a �feet, tract conveyed point in the east line of said 5.508 acre tract and the went line of
conveyed to James Brooks, Jr. in Volume 790, Page 887, of the Deed
Records of Williamson County, Texas, for the norms Corner of this tract;
THENCE, with the east line of said 5.508 acre tract and the west line of said 4.65 acre
tract, South 19'00'53" Eart, a distance of 26.36 feet to an iron rod found in the north right-
of-way line of said County Road No. 113, for the southeast corner of said 5.508 tract, the
southwest corner of said 4.65 awe tract, and for the southeast corner of this tract;
THENCE, with the north right-of-way line of said County Road No. 113, the south line of
said 5.508 acre tract, Nath 88'50'03" West, a distance of 221.91 feet, to the POINT OF
BEGINNING.
Containing 0.128 acres of land more or less.
Rica," s
Randall S. Jones
Registered
State of Texas
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
7,l2la,
Date
Surveyor No. 4391
S: Lsna Projow R2163s1dxsObicLrae+au .0.123so.dec.doe
Page 1c(1
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e:RtiVIK
11-12-200'x""08:13 AM 2002088808
RSONNANCY E. R� ISS 321UNTY CLERK
WILLIAMSON COUNTY, TEXAS
Please Return to:
Sheets & Crossfield, P.C.
J 309 E. Main Street
i Round Rock, TX 78664
02- Az 41." 211 a �2
EXHIBIT
„p„
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
a THE STATE OP TEXASPI S
COUNTY OF WILLIAMSON S
(4 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
Ul
C) other property rights deemed necessary or convenient for the construction, 0 expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project"); and,
Q
O WHEREAS, the purchase of the hereinafter -described premises has been deemed (W necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, IQ1OW ALL MEN BY THESE PRESENTS:
That, CURTIS R. HEHMAN and wife, MARY KATHERINE HEHMAV hereinafter
referred to as Grantors, whether one or more, for and in consideration of the
sum of Ten Dollars ($ 10.00) and other good and valuable consideration to
Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency
of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Donated and by these presents do Grant,
Bargain, Donate and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson,
State of Texas, being more particularly described as follows:
BEING 0.082 acres, more or less, out of Lot Two (2)
of GREENSLOPE ADDITION AMENDED, a subdivision in
Williamson County, Texas, according to the map or plat
thereof recorded in Cabinet D, Slide 62, Plat
Records, Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FRC( AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY: Easements,
rights-of-way, and prescriptive rights, whether of record not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; any encroachments or overlapping of
improvements; and taxes for the current year, the payment of which Grantee
assumes.
00005322.wpD
1
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation and Grantors have
made no representations or warranties concerning the Property and the
City of Round Rock is purchasing the Property AS IS.
IN WITNESS WHEREOF, this instrument is executed on this the
�U� Y , 2001. LZ day of
MARY THERINE HEHMAN
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the
of :TUL`/
HEX 2001 by CURTIS R. HEHMAN and wife, MARY�ERINE
_,4Wa7 l(r
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
0Austin
Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00003322. W PD 2
FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WIILIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION AMENDED, LOT
#2, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET 'D".
SLIDE 62, OF THE PLAT RECORDS OF: WIILIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the North right-of-way line of County Road No.
113, known locally u ICipben Road, for the Southwest corner of said Lot 2, being in the East right-
of-way line of Fairview Drive, for the Southwest corner and the POINT OF BEGINNING of the
bencin described tract
THENCE with the West line of uid Lot 2 and the East right-of-way line of said Fairview Drive,
North 1 r4T08" West, a distance of 17.67 feet, to a calculated point for the Northwest corner of
this tract;
TACE, dig the West line of said Lot 2, the East right-of-way of said Fairview Drive,
through said Lot 2, South 88'37' 12" East, a distance of 224.23 ret, to a caiailated point in the East
line of said Lot 2 and the Wart line of that certain 5.508 acre tract of land oonveyed.to Hussain
Mehrabian and recorded in Vohrme 2336, Page 22, of the Official Records of Williamson
Texas, for the Northeut corner of this trace, may'
THENCE, with the Bast line of said Lot 2 and the West line of said 5.508 acre tract, South
19'04'1 r East, a distance of 16.65 feet, to a iron rod found ata point in the North right-of-way line
of County Road No. 113, for the Southeast corner of this tract;
THENCE, with the North right -of --way line of County Road No. 113, being the South line of said
Lot 2, North 8852'20 West, a distance of 223.95 feet, to the POINT OF BEGINNING.
Containing 0.082 arses of land more or leas.
Ro4,10ciga S 2/2,/o,
Randall S. Jones Date
Registered Pmfcssio Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
I212 East Braker Lane
Aug* Teras 78753
&land R2‘651Mccs1GSLOT2.doc
Page 1 a 1
Revised ea 10-06-00
Revised on 01-15-01
Revised on 02-14-01
FIIED MD ECD
OFFICIAL PUBLIC RECORDS
07-27-200" 02:35 PH 2001054266
ANDERSON NANCY E. RISTER 'C WTY CLERK
WILLIAMSON COUNTY' TEXAS
N
s Subject Tract 3
0.451 ac
Subject Tract 1
°- 0.545 ac
E.Old"Settlers Blvd
Subject Tract 4 °7 Subject Tract 2
0.137 ac a 0.098 ac
'r
Ordinance No. A-08-10-23-1183
Annexing 0.451 acres of land being East Old Settlers Boulevard right-of-way immediately
east of Fairview Drive.
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2008083387
E.�►,
11/05/2008 10:31 AM
CMCNEELY $108.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
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Exhibit A Sketch
SERVICE PLAN
EXHIBIT
',B.,
PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO
THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 20.69
ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY,
ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD
SETTLERS AT FAIRVIEW DRIVE FRONTAGE 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 predominantly single-family residential and undeveloped. Three of the six
parcels in the tract are platted lots, with the remainder as large -acreage parcels. The Property
abuts single-family to the north; undeveloped lots, a church, and one single-family residence lie
to the south. Standard single-family lots abut the property to the east, whereas the west is
undeveloped and unplatted, and outside the city limits.
Section 43.065(a) requires the City "to prepare a service plan that provides for the extension of
full municipal services to the area to be annexed" and mandates that the City "shall provide the
services by any of the methods by which it extends the services to any other area of the
municipality." Section 43.065(b) states that provisions of Section 43.056(b) -(o) apply as to
required components of the service plan.
Required Components of the Service Plan
A. Section 43.056(b) requires that the service plan include a program under which the City
will provide full municipal services in the annexed area no later than 2 1/2 years after the
effective date of the annexation (unless certain services cannot reasonably be provided
within that period, under which circumstance the City may propose an extension for
provision to 4 1/2 years).
The City will provide full municipal services to the Property within the statutorily -
mandated 2 1/2 year period. The City's program is for provision of such services
immediately upon annexation. The City does not propose a schedule to extend the
period for providing any services.
Section 43.056(b) further requires that, if the City provides any of the following services
within its corporate boundaries before annexing the proposed tract, the City must provide
those services in the area proposed for annexation on the effective date of the annexation:
(1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste
collection; (5) operation and maintenance of water and wastewater facilities in the
annexed area that are not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting; (7)
1
operation and maintenance of parks, playgrounds, and swimming pools; and (8)
operation and maintenance of any other publicly owned facility, building, or service.
The City does currently provide the enumerated services within its corporate
boundaries, with the exception of 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;" additional services and connections will be available in
accordance with the requirements of the City of Round Rock Subdivision and
Utility Ordinances;
(7)
Operation and maintenance of public roads and streets, including road and
street lighting — Immediately upon annexation, that portion of Fairview Drive
incorporated into the City will be maintained; any City acceptance of dedicated
and improved rights-of-way in the future would be per the Subdivision
Ordinance or additional annexation;
(8) Operation and maintenance of parks, playgrounds, and swimming pools - As
there are none of these facilities on the Property, operation and maintenance
of same is not at issue;
(9)
Operation and maintenance of any other publicly owned facility, building, or
service - As there are none of these on the Property, operation and
maintenance of same is not at issue;
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(0 prohibits the service plan from requiring the creation of another
political subdivision, from requiring landowners in the area to fund capital improvements
necessary to provide services, and from providing services in the area in a manner that
would have the effect of reducing by more than a negligible amount the level of fire and
police protection and emergency medical services provided within the corporate
boundaries of the City before annexation.
The City will not require the creation of another political subdivision.
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 43.056(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 -09-05-14-8G10
Annexing 20.69 acres north of Old Settlers Boulevard.
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2009035267
05/20/2009 03:23 PM
SURRATT $268.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS