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A-09-05-14-8G11 - 5/14/2009ORDINANCE NO. N-v l-U�(4-"'fi"I,1 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 9.939 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 9.939 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\SCC1nts\0112\0905\MUNICIPAL\09514G11.DOC/rmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS, after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public notices, hearings, and other procedural matters has been fully complied with; and WHEREAS, the City Council of the City of Round Rock determines that the Property for annexation which is more fully described in Exhibit "A" should be annexed; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above recitations are found to be true and correct and are incorporated into the body of this Ordinance. II. That the property described in the attached Exhibit "A", together with all adjacent roadways, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Texas, and same is hereby made an integral part hereof; and that the boundary limits of the City of Round Rock be and the same are hereby extended to include the above-described 3 territory within the city limits of the City of Round Rock, and the same shall hereafter be included within the territorial limits of the City of Round Rock. III. That the owners and present and future inhabitants of the area herein annexed be entitled to all rights and privileges of other citizens and property owners of the City of Round Rock, and are hereby bound by all acts, ordinances, resolutions and regulations of the City, and all other legal actions now in full force and effect and all those which may be hereafter adopted. IV. That the official maps and boundaries of the City of Round Rock, heretofore adopted and amended, be and are hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. V. That the Service Plan providing for extension of municipal services to the areas proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VI. That the appropriate city official of the City of Round Rock is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed, as required by law. 4 VII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerks of Williamson County, Texas and Travis County, Texas. VIII. That this Ordinance shall become effective after its passage. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 5 B. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this l - day of 1� J , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT BRENDA LANE FRONTAGE TRACT DESCRIPTION BEING a 9.939 -acre tract of land, more or less, being out of and a portion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, and further described in Deeds recorded in Volume 1172 Page 540 and Volume 2569 Page 173, Official Records of Williamson County (ORWC), and Document No. 1999080027, Official Public Records of Williamson County (OPRWC), said Deeds being attached hereto as Exhibits B, C, and D, respectively, and said 9.939 -acre tract also being a portion of Lots 1, 2A, 29 and 30, of the Jackie Thomison Subdivision, a subdivision of record in Cabinet I Pages 94-96, OPRWC, attached hereto as Exhibit E; SAVE AND EXCEPT from said deed descriptions approximately 3.866 acres previously conveyed to the City of Round Rock as right-of-way in Document Numbers, 2001052821, 2001044951, and 2002000073, OPRWC, and annexed in Ordinance Numbers A -09-02-12-9B1 and A -09-02-12-9B2 said Ordinances recorded in Document Numbers 2009010405 and 2009010406, OPRWC, respectively, and attached hereto as Exhibits F and G, respectively; SAID 9.939 -acre tract also includes the northernmost 277 feet of Brenda Lane right-of-way, a roadway as depicted on said Jackie Thomison Subdivision; SAID 9.939 -acre tract also being identified on the accompanying sketch, attached hereto and made a part hereof. Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1-1-76. Revised to include grantee's address Out. 6626, RCS) 1-1-82. VOL 1172Pir,E540 WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS COUNTY OF WILLIAMSON 15149 } KNOW ALL MEN BY THESE PRESENTS: That WE, JACKIE E. THOMISON and wife, BILLIE L. TBOMISON of the County of Williamson consideration of the sum of and State of Texas for and in --- ----TEN AND NO/100-------------------------- DOLLARS O/100-------------------- 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 Grantee of its one certain promissory note of even date herewith in the principal sum of ;125.000.00 payable to Grantors herein, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees; the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to -Merlin Lester---------------- .. -» Trustee. have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. of the County of Williamson and State of Texas property in Williamson County, Texas, to -wit: OFFICIAL Fla = , all of the following described real r ,. Ll EXHIBIT • • • Yrs 1172P1GE541 TRACT I: BEING 2.678 acres in the Willis Donaho Survey, A-173, in Williamson County. Texas, and being more particularly described by metes and bounds as Tract I in Exhibit "A" which is attached hereto and made a part hereof for all purposes. TRACT II: BEING 2.596 acres of the Willis Donaho Survey, A-173, in Williamson County, Texas, and being more particularly described by metes and bounds as Tract II in Exhibit "A" which is attached hereto and made a part hereof for all purposes. 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 its successors bobs and assigns forever; and we do hereby bind ourselves and our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, ;ts successors halm 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 alt interest thereon are fully paid according to the face. tenor, effect and reading thereof, when this Deed shall become absolute. This conveyance is made expressly subject to all valid and subsisting eaaements, restrictions, rights-of-way, conditions, exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the above described premises. Seller retain the right to re -purchase Tract I described above in accordance with an unrecorded Right of First Refusal Agreement of even date herewith between Grantors and Grantees. EXECUTED this .26th day of Mailing addre,a el each grantee: Name:EVANGEL TEMPLE ASSEMBLY OF GOD Address: OF ROUND ROCK, INC. 1903 FM 1460 Round Rock, Texas 78664 STATE OP TEXAS ILLLAMSOlt COUNTY OP by } ril ,A.D. 19 85 ACKIE E. ILLIE L. TRQMISON Name: Address: (Ackaowkdgtaeat) This instrument wu acknowledged bstore me oa the 26th divot JAC&IE E. THOMISON and wife. BILLIE L: TNOMISON Q'`` NotaryPublic. State of Texas y , ` t �t Notary. name `"i"`e-! .$ Notary. eommksion expire 1.—,8-g r1 (Aekeowledmmeee) April .19 85. STATE OF TEXAS COUNTY OP This instrument was acknowledged before me on the . by day of tiY'.. .. , 19 i . FILED FOR RECORD I.as APR 29 fir, 2: 41 vm.1172ME542 EXHIBIT"A" • TRACT I DESCRIPTION POR JACK THOMISON Lot 29 BEING 2.678 acres of the Willis Donaho Survey, A-173 in Williamson County, Texas, part of a tract of 107.3 acres described in a deed to Jack Thomison of record in Vol. 596, Page 383, Deed Records of Williamson County, Texas. Surveyed on the ground in May of 1982, by W.Y. Forest, Registered Public Surveyor N0. 101. BEGINNING at an iron pin at the Northeast corner of a 2.596. acre tract, in the' South line of• County Road. 113 and. in the' 'fenced North line of the 107.3 'acre tract, ?be Iorthvest corner of the 107.3 acre tract, as fenced tears 11'89°30'. W 355.85 feet. THENCE S 89°30' E with the South line of County Road 113; at 348.37 'feet pass an iron pin found East of a pover pole and West of a telephone terminal pedestal, continuing in all 373:67'feet to the center of a 50 foot vide road easement. THENCE S 08°25' E 311.09 feet vitb the center of the easement. THENCE S 89°01'35" W passing an iron pin set on the West line of the easement, continuing in all 372.50 .feet to set an• iron pin. THENCE M 08°23' W 320.75 feet to the POINT OF BEGINNING. TRACT 11 DESCRIPTION FOR JACK THOMISON Lot 30 BEING 2..596 .acres of the Willis Donaho Survey, A-173'in Williamson County, Texas, part of a tract of 107.3 acres described in a .deed to Jack Thomison of record in Vol. 596, Page 383; Deed Records of Williamson County, Texas. Surveyed.on the ground in May of 1982, by W.F. Porest, Registered Public Surveyor No. 101. BEGINNING at an iron pin at the Northwest fence corner of the said 107.3 acre tract, in the South line of County Road 113.and in the Bast line of a private road. THENCE 8 89°30' E 355.85 feet to an iron pin. THENCE S 08°23' B 320.75 feet to set an iron pin. THENCE S 89°01'35" W 346.56 feet to set.an iron pin. THE110E 11 09°44'58" W 331.11 feet vitb the fenced West line of the 107.3 acre tract to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this Instrument was FILED { on the date and at the time stamped hems in Om Volume by nnd Page at the nam utyd RECORDD�S at l iiI amso" County. Texas. es stamped hereon by me. on ADR 3 01985 AlissiZ• ����LI COUNTY COX WN.SON COUNTY. MIAS THE STATE OF TEXAS 35523 WARRANTY DEED vol. 2569PAGEO173 COUNTY OF WILLIAMSON * KNOW ALL MEN BY THESE PRESENTS: THAT WE, ANDREW SIDNEY ALLEN, III and wife, CONSTANCE B. ALLEN, of Travis County, Texas, for and in consideration of the' sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto BARBARA ALLEN, of 2712 Pegram Ave., Austin, Travis County, Texas 78757, all of our interest in the following land situated in the County of Williamson, State of Texas, more particularly described as follows: 3.018 acres of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all pertinent purposes. 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, her heirs, administrators, executors and assigns forever; and we do hereby bind ourselves, our heirs, administrators, executors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, her heirs, administrators, executors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to all of the reservations, covenants, conditions, restrictions and easements of record in the Deed or Plat Records of Williamson County, Texas, which are applicable to the property hereby conveyed. EXECUTED this day of ��� V 1994. ANDREW SIDNEY ALL , III THE STATE OF TEXAS * COUNTY OF TRAVIS * This ns rument was day ofU wife, CONSTANCE B.,ALL R B. BELLEROSE St'to o Tera E;Car.•i.. tow foh. 3.tNr •� I I CONSTANCE B. ALLEN acknowledged before me on the \ Z , 1994, by ANDREW SIDNEY ALLEN, III and Nota lic, State OFFICIAL RECORDS YYIWANSON COUNTY, TEXAS EXHIBIT ., C 1F rfl 2569Pa&E0174 , f„, :._. ;: il... zeiiarr"Ae .. R. 978 PAC( 815 -'-'2'.1. :C:k.. :trLfty�O,V:O 31v t::.. c.: ' DESCRIpT#()�4 9 ,i}- ,4TED�Dx'�THOMIS01/ ET. UX. BEING 3.618 *gres of t'Tte Willis Donaho Survey, in Willia3tson , SQ.t ty,” Texas , 01ac a tract oNo. n to Leland b`; part of a 6.01 acre tract 173' Deed 1 Gmi.son„ et,.,ux,, of record in Vol, 837, conveyed ReetxrOl• o¢' Wiiliumson County, Texas, on Page 96, in January of`19814;'by W.F.Forest Surveyed on the ground No. 101. , Registered Public Surveyor BEGINNING at the Northwest corner of the said 6.01 acre tract, In the South line of County Road 113 and in the foot wide easement for Brenda Lane, center of a 50 THENCE S 89°30',Ee 25.3 feet, an iron pin found in the East line of the easement o 260.06 feet to set an iron pin. THENCE S 02°O1r E 511.11 feet to set an iron pin. THENCE S 89°18'10"iithe th a artially fenced line, at 201.70 feet pass an iron pin set bEast line of the 50 foot wide easement, continuing in all 226.94 feet. THENCE N 08°25' W 521.79 feet with the center of the easement and the West line of the 6.01 acre tract to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: I, W.F. FOREST, do hereby certify that the above described tract was surveyed on the ground under my supervision and that the above description is true and correct to the best of my knowledge and belief, TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 12th day of January, 1984, A.D. �:q--...:.. ..T t -' Su>;.7f.. REGISTERED PUBLIC SURVEYOR NO. 101REST STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this Instrumeg:t was F LEO on the date and at the time stamped hereon by ma; and ras duty RECORDED, in Iha Volumeand Page of tie named RECORDS et Mlian;an County, Texas, as stamped hereon by me, on FEB 1 T 1 'COUNTY CLERK r1 WILLIAMSON COUNTY, TEXAS RECORDERS MEMORANDUM All or parts of the text on this page was opts dearly legible for satisfactory reeordatfpe, • FILED FOR RECORD WILLIAMSON COUli T. Y. IX. I9914 JUL 18 AN II: 34 proINTY CLERK • ••• voi.2569PAGE0175.,.„. STATE OF 'TEXAS COLIIITY OF WILLIA9IS011 1 hcrcby certify that this instrument was FILED OP the date and at the time stamen hereon by me, and was duly RECORDED in the Volume and Pize of the nomad RECORDS of Williamson County. Texas, as stamped hereon by me. OS 4.1 L 1 8 1994 COUNTY CLERK WILLIAMSON COUNTY. TEXAS . ' ravrAltotrib. e;r2n.):).ra strr caw G7frq t,rt) 1.0 .114q -*1;?, 19998( 4 PgS EXHIBIT CASH WARRANTY DEEDNA D Date: November 21, 1997 Grantor: Doran Taylor and Linda Taylor Grantor's Mailing Address (including county): 110 North IH 35 Suite 300-167 Round Rock, Texas 78681 Williamson County Grantee: Michael Scott Smith and Martha Turner Smith Grantee's Mailing Address (including County): 3435 Kiphen Road Round Rock, Texas 78664 Williamson County Consideration: TEN AND NO/100 DOLLARS and other good and valuable consideration. Property (including any improvements): SEE ATTACHED EXHIBIT "A" Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property; taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound 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. When the context requires, singular nouns and pronouns include the plural. Doran Taylor ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged 1997, by Doran Taylor PMJLA KAY BROWN mrcasummonws June 2.1998 STATE OF TEXAS COUNTY OF TRAVIS before me on Notary Public, St a of Texas This instrument was acknowledged before me on 1997, by Linda Taylor . if._ PAULA KAY BROWN :*'_ MY CDwAANSSON EXPIRES June 2.nes �1tsl��u l Notary Public, S to of Texas PREPARED IN THE LAW OFFICE OF: Wally Tingley & Associates, P.C. 8235 Shoal Creek Blvd Austin, Texas 78757 AFTER RECORDING RETURN TO: Wall Ingle & cia 82 Shoa Cre B1 stip, e 787 aula ro RECORD AND RETURN TO COMMERCE LAND TITLE, INC. 3500 JEFFERSON, SUITE 303 AUSTIN, TX 78731 Taylor EXHIBIT 'A" -- LEGAL DESCRIPTION Being all of that tract or parcel of land lying and being in the Willis Donaho Survey, Abstract 173, located in Williamson County, Texas, said tract contains 3.00 acres of land, more or less and is a part of Lot 2A of the Jackie Thomison Subdivision, as recorded among the Plat Records of Williamson County in Cabinet 1, Slides 94-96, and is more particularly described by metes & bounds as follows: BEGINNING for the same at a inch iron rod found on the South R.O.W. of County Road (C.R.) No. 113 at the division line of Lots 1 and 2A of said Jackie Thomison Subdivision. THENCE, leaving said Point of Beginning so fixed and with said R.O.W. South 88 degrees 43 minutes 35 seconds East, for a distance of 72.84 feet to a M inch iron rod found, THENCE, South 89 degrees 8 minutes 40 seconds, for a distance of 359.61 feet to a 34 inch iron rod found on the West side of a 50 foot private easement, THENCE, leaving said County Road and with said easement South 1 degree 57 minutes 0 seconds West for a distance of 304.98 feet to a inch iron rod found, THENCE, crossing said original Lot 2A, South 89 degrees 37 minutes 20 seconds for a distance of 410.91 feet to a M inch iron rod found on the division line of Lots 1 and 2A of said Jackie Thomison Subdivision, THENCE, with said line, North 2 degrees 1 minute 25 seconds West for a distance of 314.70 feet to the Point of Beginning of herein described conveyance and contains 3.00 acres of land, more or less. Initials: F1LENWD RECORDED .... OFFICIAL PUBLIC RECORDS 11-30-1999 03:51 PM 199980027 STRICKLAND $15.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY' TEXAS WILLLIAMSON COUNTY CLERK OFFICIAL PUBLIC RECORDS DOCUMENT NUMBER 8fo$/Q�J.7 WAS ASSIGNED TO A SUBDIVISION AND CAN BE FOUND IN THE PLAT RECORDS IN CABINET 1 SLIDE(S) 7 Y EXHIBIT „E„ 6-2C54 Z 5/11e `:` 93. 3 E 7,111 LL 3.5/5.85•{ 348.31' .w25. i 1 ss4x54o In 1.12./ 440 iv t 30 29 4 . z.514 1.672Ae.of Nel•.j,s f \• 344.14' 4 - 27 6+'. 3. 313 A, 3 ZiJ We14.• W. M:4.r e1. .4. 114115+* Ji 7 + N 1� C eunty 47.1/'t 3"-" 75.3' 3,23 40. ad"", •,316"5 ) f% (2.4" ' 1761215 1160;3. 10 X242 %J2 + c4Ae. V W ! 1 K; •. . 2 J , 3. •. z. n A°. �Y ,,,,.,.f., Z d 41'j - 4' .; E L13•t/Q ...t `.t 1Ng20O �f.f3' %•y3¢ 30 v.. 124. z4 1 l i 4 :77 .21' 350.,• 002.!0' 03 Ele eft °x1.15!4¢3 • t 4^ 7 n 4 4./Es4 Iso " s. u. Mner 4/. Denali. Se.. eve• 204.70• I I \ \ It Nut 113 lean a 87•,1'4 fis•e 2-A C KipA e 40.0 I. BM Ae' 244.4 74_.%... 337.00- S t1. 34'50'•12 122.2 Lz4/7'1• 2-13 410/ A, L./a./ 76...;1.. S14/ 303 .•� pez.43' sal• 40./ 441.14. Jx..°d.eR fs 4 ^; M'j M�esaa/ . e 22 7 23 is.o z.of Ae. 211.17' 22o. 3•" 65i.94� `rs f3. 42' >• A r 9. 49x. at. rl 4e/4.4 J•c•..." 1 /. 15.1 • s. 7.. P."•// el.". • c4e.A m C 'c 535//0° 4`12 I- ! I 30' r 72 v! 714.0• Z6-4' \ 3 f14- �0 M � • N .V s«3E34' 523.44'!0 4 Nee /-h ZS." 40.1.0/' 410'p7E ° •W 5 3 e C7 35 3/44! 481. 3/ '3•"5422./2' 311. 14' G 3.30 Ae.//el.r:.n J4r.y W. L5/// /43 .481.45'he 393.01' -6 1�4 L„ a� ,,,,.•mN 4 211 J R;2ses/1/4 o°Kn 44..x. .Joe 4/'I✓ 449.72.. • v DGNAFIJ"1.•f •„0 17 . • 4. 537 Ac. W C rod,. M. W. el .l. via,. o [/4/ 350 ->4s \ CO Nits..? 3.1 (Ss. 32' o/� •34.31' u • .0 I6 251.1• b . 4.347 4e. e 541 ie. M. 4411 eJ. M.. \ \a 914/ 35o-355 N.. 1533' r t6.51 8 nogee. •4/. 4,4/ 341 UR. rn 127. 2.',.„( NV:31'30w SM N91•sl'4 443. 74' 4. 734 40. Ss/.t) 4,)4// e4..i.. 74e/ 046 3/'5•'•W dia. 2,4.4.41, 215. et. 24•x• 14 At 4. / 7 3 4e. µnay.E ^ S+I�e 24. Olall ' 3 4 4. ✓. i. 493.472 7o 1/i 14 A' S27•/0.'E 461.2°' 1 4 13>6 4.z 534,-N rqo. 221/ .4..:.. 7.//310 5•113ox.s7' J e4. Ae. 5.0e4e 4n0.6.u.o sr./211 4 L f 17./4'3•'E 311.95 2.le �Fn ..• Ae• a rO.-j' 4/457 0, ' t.E 0' 34"41 44//t' Si 444.01' .4..s. J. w4� ..4911-.,.... /d .002.. M Hers -E zz.a3- � 5.512-4, 415.1!' s. 3! s Ae. 2.34,e J. A.../4 .4.. 490.0' 54 3.73' f- M•x... C.c ss..•4 /f/t3,0"Me e Su. ey Lint 37 .4r • /043.73' • N 7 M1 4 3 IVARIANCE GRANTED TO ALTERZS%S LOTS 18 & 19 on 8-10-92 Agenda 86 Commissioners Court Vol. 54, P 30 FINAL -`a'`�`�w JACKIE T HOMISON SU BDIVISION 51007 FILED FOR RECORD at..IL-30o clock_. -4_.M 120.6 23 1996 J MES N. OYDSTON Ca. La 107.3 AC. OF THE WILLIS DONAHO SURVEY A-173 APP..oea "4e 6y fhe 24.5. P.slal service 4'417 / H day a; U.z.!&ar ,/.e,' /986. 4/0fe: /01/ /olo in +33:s su641u;3;en will be servd Joy ..eti:4 fia.ks WI.:e4 ..211 ie see eIrwel•d a compliance wif4 +h7 stwya CatU isy rerrlaf;.as ef Williamson Cou4iy awl ..O+ 6..ceerd;wy f. e...4.•..f:es s/aedards an4 teals„ ,kith leave beem oprroue4 by 94e Wt!!:Anse. 1.nfy /16.1'4 Dafi.rl..ent. � Z. linen/ Feel eF read'vay is a pPro x%Main /y ¢B 00' . i e h •-273 /3447. Sea/e : /"=2 000• ©e 2/.5.G. S. /977 Note : Th; s pro fe.rfy ,;e s e..fis;de of the 5Peei4/ F/•o4 N,.. rd Rrea aec.r4;.g to 140 !/.5. Ae. i.d. f/o.d //azar4 Boundary 47o, Pane/ 48/079 00/04, dated /977 404 accord:Ng to /Aa 4/. 5. 6. S. Mato e; ;food hosor4 ares , ,Q•.n.4 keek 4.A]. 6uesier9/e, 1+/.4' /977. dein: 74.2 P/at has bee.. ee,/:/ed F.e rec 1 of ao anreeorde4 Su bd iuis;o, 03h;e6 v.as 645... ;, /9747404 {'re„ rec.r45 of surveys .node .l' varioft s d:4'4'ere... f;encs •✓cr /48 yea1-3. The in forma.' ;am hereon I+4)04/o. all 4:21;1:0.1 .6 if.is pospeefy .413144 are, K.... 1. be pubf:e reeerd e+ /4;s t;/we. Corse. Markers sof a+ ver .s fte.es Pas+ have 5,e4 Lee. rel•ca -.f .eeenriy. This map does n•+ represent a new svruoy e4 'Flit PrePe.rt skew, hereon. Ace.o., , 2.40.. , 4.2 to toee 1 4 /imus par 4004 .070,1 .14. Eese..s•ts ho ve not bees, Praye/.o/ N. /2-/7-1996 Dote. W. F. Fa rest ke3;s/xeel Fa//; a Sueve tar /o / SHEET ONE Cez-b ,5//,47-- 95" JACKIE TBOMISON SUBDIVISION Surveyor's Note: The inteot of this map 1. to dedicate all existing Right of Way of Spends :one. all exieting anl new Night of Way for Tam, Lane, all existing Rig. of Way for Kim Cove, " n "3,7 hpbll This plat is also intended tO ....fy the legal regUirements concerning the filing of plats In county subdivIeloo record. a. mandeted by state law. PERIMETER DESCRIPTION BEI. 107.3 ecres of the Willis Donaho Survey. Abstract No. 171, In Williamson County, Texas. the same tract which Is described in • conveyance to Jackie Thoml.on as reeorded in 101.596, Pg. 383. 0/8 Of Williamson County, Texas. Thi. property surveyed on the ground In 1976, 1/ W.F. PoblIc Surveyor No. 101. BEGINNING at the Southwest coroer of the said 107.3 acre •oact conveyed to Thomisoo. The Southve, cornier of the Willis Donaho Survey stands about Westerly 2500 feet. more or lea.. vdth the West line or the 10/.3 acre tract. • 04.05' r 1097.08.10. 8 09.45. 0 727.630..t and 11 09.44'58. W 1590.15 feet to the Northwest comer of the 107.3 acre tract. :BENCE vith the present South 110. ofKiptemRoad (CountyRoall..7 113).0,09;30..t..../l dOd..g.f7t. 2;:.oz,::n pin In the West line of.d... rends aue, coo , mg all 5 .8 f TRIMS continuing vlth the South live of Kiphen Road, 0 89. E 72.828.0*, and 1 69.11. E 360.0 feet to the Northeast corner of the 10/.3 acre tract. TREECE vith the East line of the 107.3 ftcre tract. 001.57.30. 0 790.500.0, 0 02'01'3 301.590.0. 8 02.00' W 302.17 feet, S 02.01' V 1262.35 feet, S 02.01' W 957.42 feet. g 02.00'30. 0 350.0 feet, and S 02.01' W 200.0 feet to the Southeast corner of the 107.3 acre tract. THENCE vith the fenced South line of the 107.3 acre tract. N 89.17'30. 0 1043.73 feet to the POINT OP BEGINNING. Prepared from record data this the 29th day of 2017, 1986, A.D. 101 W.F. FOREST R 0 STENED PUBLIC S4RVEYOR SO. STATE OF TEXAS COUNTY OF WILLI,SON i KNOW ALL MEP BY /HESE P,SENTS: Th. we. the undersigned owner., of the lots platted hereon, which are part of the Willis Donalle Survey. conveyed to the undersigned owners by documents recorded la the Deed Records of Williamson Cou,y, Texas, do hereby •cc,t thin plat as our Bub.... of land. ....act to eXisting ..4 reetrtction• which may be recorded in county records. We do hereby dedIcete tO etre • and c ..... nta shown hereon. 931.subdivision 0. 10 be knovn as the(.Jeckle Thomdson Subdivision.' Andrew S. Allen.owner Of Lot 1 (No. 21 Brenda Lane, Round Rock) KNOW ALL WEN BY /MESE PRESENTS, That before me, the undersigned authority, on this day personally appeared Andrew S. Allen, known to me to be the person whose name ie subscribed to the foregoing Instrument, end he acknowledged to me th. he executed the eame for the purposes :T3',.:=7-r=dt173:1':•17;:ree:he" /63.41.1( NOTARY PUBLIC , in and for Williamson County. Texas. lelend ..ner of Let 2-2 (705 Fairview Cove, Round Sock) and Lot 24. KNOW ALL MEN BY TRESS PRESENTS: That hefore me, the undersigned authority, on this day personally ...red Lel,. Th...n. D.... t. De to be the person vhos e name 1. subscribed to the foregoing instrument. and be acknowledged t9 me that bkoexecuted the same for the purposes and Given under . bend and se:r..V3Ielle"/P4 '"'c"',40=:1116'.A D considerations therein exp d., ., . . . dart', iSS,/, NOTARY PUBLIC, io and for Williamson County, Tex.. Jen Nutkolle, owner Lot 3 (No. 19 0,.02.Lane. Pound Rock) 4, esth B. Nuckolls, owner Lot 4 (No. 19 Brenda LaAe. 01001 0001) "'III>, STATE OF TEXAS , /9..1.f../c WILLIAMSON COUNTY ' KNOW ALL WEN BT THESE PRESENTS, That before me, the undersigned authority. fl...14. ' ';', on this day pereonally appeared Tan Nuckolls end Heath B. Nuckolds, known to me to be the permons whose na0e. are subeclabed to the foregoing instrument, and they acknowledged to me that they executed the same for the purpose. and considerations therein expressed, and in the capecdty D." ,a61,4(39Za0, Given under my hand and se., 030. 10. /day of 19136 A.D. NOTA. PUBLIC, in and for Williameon County. Texas. eq,,,e, er9MAISSI ON therein stated. 9,274., aRalph E. Remmert, owner of Lot 5 (No. 15 Br9*WR9und Roc.) elem_ron..-Lsk Jnyoe Ben... owner of Lot 5 (0,. 15 414lock) I KNOW GLI. NEN BY TRESS IMMENTS, That before at, t,he:ubgegstgusew allthOrity, on this day person., appeared Nal, 1151(**- - Joyce Remmert, knave to me to be the persons rhcrir scribed te the foregoing in.trumest, and they sc.% the', they executed the same for the purpose. end coneIdera ereln ;%:1.1.:::er'my hand and this the , day h,9,1986 lid in the capacity " thof ersia Alt eJ NOTARY PUBLIC. in and for Willi.son /aunty. Texas. i,,,,UZ7„1.0 2,14!off TATE Ok T:XAS W/LLIAWSON "MITI A) 2.077 8. Well, eve, of Lot. 6 and T(No. 1318.03. STATE OF TEXAS Glenda Wall. owner of Lots 6 end T (No. 13 Brenda 474E1*, I KNOW ALL mas 1, THESE PRESMITS: That before me. the WILLIAMS°. COUNTY Wall, known to me to be the perm,. whose name. are suhscri authority, on this day personally appeared Jerry 0. Wall 3.17..8 foregoing inetrument, and they acknowledged to me that they executed the game for the purposes and conaideratio, therein exp ..... d, and 1% the capacity therein Stat.. siren under my he, and seal, thi. the 3day of A.,- 1986 A.D. NOTARY PUBLIC, im and for Williamson Commty. Terse. 7- sogri 0. 0.,.0 "; 0'11. 0 9.0T.0 .'0 40 01.50 ::11. en'Oet, to me to b. ce. pereone whose nom. are si % foregoing Instrument, and they ....edged to me that, , '*)," ttli:=Z:Zera ".r'" '4tce!,. " /7) '34-32 s4'17,f11:11.1- my hand .ed ea.. this the lid, or AvAlt_O/nt'A.D. NOTARY PUBLIC. In and for Williamson County. 0exes.6,0=1 1-1-90 10. ...1„1".2 vs' ,/444, George T. Faith. owner or Lot 10 (1303 Dry., Austin) STATE OF TEXAS WILLIAMSON COUNTY STATE OF TEXAS WILLIAMSON COUNTY KNOW ALL MEN FY THESE 01008100. That before me, [hold*, Mo.e ..th.DitY. on thie der PereonellY eppeared George,90 with.nlidown to me to be the person vb.. nese is eubscribed to Asscforigoin4;te- trument, end he acknowledged to me that h. ....ht.h1 the .m. the purposes and considerations therein exeresse4.1414 In the", capacity therein at•ted. Given under my harad and seal, this the 101200 001002, in and ror WillIameon County, Robert J. Arnold, owner of Lots 11 and 12 (01 Brend%$.119:%(..1621, me thet they executed the same for the purposes and considerations = ALL Mk:.BY,„,THESE PRE:ENTS,1 That before me.„9lie un914irdo4,i , ere subecrdbed to the .orego ority. le day pe son, f appeared Rob•r . Ar , . 91,0,311V Marion L. Arnold, °veer of Lots 11 and 12 III 114:41::: 40 Lk) ll wen un er my 41.13 ad see , s e a, o NOTARY PUBLIC, In and for Williamson County, Texliid.ifrl,W,,,,,,, 12. .fl4fl 0103.02 1. Powell, owner of Lots 18 1. 19 (014 Brio* La. E.E4.,'1 Marla Powell, owner of Lot. 18 end 19 (114 Brend0-?4,,,,X1,9;Y: KROW ALL MEN BY THESE PRESENTS, That before me, the underi(99..' euthorIty, on this day personally appeared Rt.., G. Powell and 3. Maria Powell. known to me to be the person. whose name. are eub- ecribed to the foregoing instrument. and they acknowledged to me that they executed the same for the purposes and consideretIons therein expreesed. and in the capacity therein sta9pd. A-09 Given under my hadd and seal, this the ifl!'day or4/_1966, A.D. NOTARY PUBLIC, in •na ror esusamaoa count, Ter•• • gly,71.;.,37 j/ ig.cierd,n Lelend Jacobeon.ovner Lot 20 (012 Brenda 00. Round 7„1-zh:d--. KNOW Wery Jacobson, ovver Lot 20 (012 Bre,. La. 11.1..) 4,..... . ALL MEN 01 9001! PRESENTS, That before me, the 311,4f1,gned r:tc.T"';k-0.1:':.: 01 e7 t"16:00 1111 0 •;:0. 1:0:2 0 .'::f,-4.;::::::7.:' to the foregoing inetrument, and they acknowledged to 4048. 075e.' ils,94 \,(0.0 "0.01" 73. T7000 "----cAlgz.VOIL 0-47 the purposee and considerations tbl(rW4dkr,rsed '''';';1';10;'4i:'PfBL/i,*lat'litilYollilti:.on County. Texas. ,,,,,es, ,,,„ Irlfig4TgeTY JACKIE 't KOMISON SUBDIVISION ^' STATE OF TEXAS COUNTY Of WILLIAMSON ') KNOW.- I BY THESE PRESENTS. That undermanned o VIII]. Donaho Murray, coeveyeM to trudo e on 3ownerscby a dcinvt Deed Records of Williamson County, restriction* ]eb styaccept et p3o ea our eea Cry o de.10 object to dtdiee to theepgusiicn use the . end e erne shosnecorded he .1 pzh3Peuldiri.loti Ysrdo hereby te be known na thee'Jack,. Thom men Subdivision.. (.� • .. 1L. ti-y}�m)�-]4/-�'VXZfL Betsy Beloeke, owner or Lot 23 (210 :rend. Lu. Penna Ro , Ta.) TEXASSTATE OF WILLIAMSON COUNTY N e/ NOTARY 922910, 6m and for Williamson County, Tex" sF 15. 8f mile Teomis v owner of Lac 22 (I20 Brenda Lo. Round pock) STATE OF TEXAS W/LLIAMSON COUNTY KNOW ALL MEN BY THESE PRESENTS: That before me, the unaer•Ignea euthorit, n this y persena_ly .ppearea Betsy B nets, known me to be the • subscribed t the going eknowledgednt subscribed r the instru- ment, considerations to supres.ed.0 en ed inethe capame ac ein Stated. p Gty ven under my hand and seal, this the aF-day of oih ` 1986,1A TATE OF TEXAS WILLIAMSON COUNTY ALL ML HY THESE PRESENTS. That before me. the ority, O this a undersigned n t me o be the person whose eu going I ue a he acknowledged t is bh a for the purposes and nsiaeratiovso therein and the the capacityr there Given l undertsy. band and seal, this the pS dday 27,4431SoN NOTARY PUBLIC. in and for Willf...00 County, Tu.. AJO,/r (23201 Rock) J.B. zeomisom weer or Loc 27, (2oi Kiplen Rosa, Round XHOW ALL MEN BY THESE PRESENTS: T reigned authority, o this day personally appeared S.E. Thomason, known t me o bet a person whose name 1s subscribed t the i g Instru- owle the the Instru- ment, he acknowledged therein empeen sod 1 for there//�. �� /(,,' 0o Given lunder cy head and seal, m Chis them day off." 1986, A k W" -'Y stated. t Ei^!/6{7. , 0 ROTARY n end for Williamson aeon Coun y, Teams. �,rt-�y f.�/���� J���rs�M�py�� s-�r-s> 17. '/v'to/4^'l C. w' M1chu1 Tboelson, owner of Lots 21 end 22 (/3 Kim Cov , Round Rock) STATE OF TEXAS WILLIAMSON COUNTY ,Jae STATE OF TEXAS WILLIAMSON COUNTY 20. SAS LIAM., COUNTY KNOW ALL mmi HY THESE P lt before me, the undersigned this day personally appeared N n to me to be on person whose name is subecribed to the foregoing inatrumenpurposes end . considerations therein amaulnd the .city the Given therel undermyband and seal, 911. they r of Alms/ 1906,A.0. ri:AM/dS Notary Pmbllm, in dna for W]S11am.on county, Tek... ( Robert M. Huard owner of Lot 25 (y4 Kin Cove, Round Hock) Joanne B. Ba•ere ester of Lot 25 (e4 Kin Cove. Hound Nock) That be he a reigned KNOW ALL Eon chi PRESENTS: PeCe n.d1Y • e. M. embed to toe• goinme g ens• dot, yeah subscme they executed the mane 1 r2 n theyacknowledged .snieera]one rein expressed, .rear purposes stated. Seven under yvbendv and seal,t nit . t5—"ayeof 4,1b.9B6. b PgnnOS,41 Notary Public, In and for Williamson Coe y, Teva.. 41tsf/iq ,, Bora.EynaF1 f, orner of Lot 26 ( Rem Cove, Pound Roek) 9 BOW ALL MEM BY THESE PRESENTS: That D me, the undersigned Authority. o t y r appeared Howard known meto tobe the h v c e 1s subscribed he going acknowledged he r e torts ration. ratherexpressed. end inm the eauvvedetyyt put-peace e12/Q Given ay hen eta seel, tete the di -- day p.//4 1996. Not , Y ubl.! to and ler Williamson County, Ter. norM01/351e0/ Weldon Y. Miller, owner o1 Let 27 (al Tammy Lane Hound Hock) Judy Joan Melly, owner of Let 27 (01 Tammy Lane, Round Rock) STATE OF TEXAS ( N BY THESE PRESENTS: t before . e .signed . IATE OFOT RTi or 'tn thd. d.F ternonellY ..peered Weldon M. and Judy JoahMiller, known to me to be the 'croons whose end tbey . wledged tee .u. for tnebyveDo•eet and eve ee:ein �e a 1v t the ed. """,=7;r 2 hand ao eal2? 211 tee Ev d y o y e1986c at u Bic, Iv end for Ytll3 u.o u yf 1es� ('a b 1 5 //dam, "f vnnmel Temple E of v. .:od Pc le Thom/ton, JY. (PresICIo1)ef Lots 29 Toa 30 Kim ,771 I � /Il/ dry) STATE OF TEXAS 4ILLIAMSOM COUNTY Evangel Temple Astembly of Cod of Hound Rock, feet, owner Of Lot. 29 and 30 KNOW ALL mem SY at ESE PRESENTS: Thbeforems the e undersig: ority,o u Personally appeared JkleThoa]eov. an1 dR nmii .en. a persona whose n ur . foregoing 1n. they acknowledgeo that scribed they tea vt esu. for Instrument, purposes considerations herein e inh exp r get , sad ein the apacity herein . tea. liven undermyhand and seal, tn_, the 23��dty of/difti 1966. Note,721110 , n and for Valli..:. ,on Cent,.Tez... Er M1Ret, TGA./ /t' 9.-.17-Y9 STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I, Don Wilson. County Fudge of Williamson Cp so hereby certify to tte1..or pl.t,hiLldnoted fully subdivision approval the Cm.eloper ..uf of Williamson rvalzcthi. et., approved and theplat is athorised c registered and recorded in theproper records o1 heCounty Clerk oIWilliamson County, Teae DON NILS. COUNTY JUDGE W/LlIAMSON COUNTY, s STATE OF TEXAS COUNTY o 1 KEOM ALL MEM BY THESE PRESEnTS. JAMES of tn. uEEB. Bop it012g, erect St• .. County Courtof said s eat o y, • I11229 ora hereby certify that the t going this Rt ' .]U1B 6.vAhD..a. vm 19�0,� g My edea viy the recorded1 at reheat O ...id County in Cebinet ' Stt1 ' 33 A .t io//: '� on0•To .looh �M., Teae. 4,c! -9L Certify Which, Wltyshens rel atCounty YCou t et said County, at my office in Texas., the date shown abovewritten. %%, Jar: J ANE_„ erBn/aitCOUNT Y UPT y 'WILLIAMS. COUNTY, TEXAS .y./ dmK� carOl SAVE, ryLEE IIIIIIIIIIIIIIIIIIII :7,Gs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2009010405 EXHIBIT „F„ 1 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 -09-02-12-9B1 which annexes 0.51 acres of land, being East Old Settlers right-of-way immediately west of Brenda 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 12th day of February 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 17th day of February 2009. E?,444,.. (,t SARA L. WHITE, City Secretary ORDINANCE NO. Yt'e)," oz' Z-- 9 a t AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.51 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY. CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 0.51 acres out of the Willis Donaho Survey, Abstract No. 173, in Williamson County (the "Property") more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 0:\WDOX\ORDINANC\090212B1.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. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 2 VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. — - VIII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. 3 X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of , 2009. 4 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary EXHIBIT "A" EXHIBIT EAST OLD SETTLERS BOULEVARD RIGHT-OF-WAY AT BRENDA LANE - WEST TRACT DESCRIPTION BEING a 0.51 -acre tract of land, more or less, being out of and a potion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed to the City of Round Rock and further described in Special Warranty Deeds recorded in Document Numbers 2001048951 and 2001052821, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibit B and Exhibit C, respectively, and said tract also being identified on the accompanying sketch as Subject Tract 1, attached hereto and made a part hereof. A.re AI70 g 1(- or5- 0000 SPECIAL WARRANTY DEED County Road 113 Right -of -Way N THE STATE OF TEXAS S S qD COUNTY OF WILLIAMSON S ri OS CO 0 0 0 N EXHIBIT ,. B„ 1 I WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, MARVIN R. CRESSMAN and wife, KATHRYN A. CRESSMA141 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: 0.094 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described by metes and bounds, in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners 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 00003322.WPD 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 28 day of , 2001. MARVIN R. CRESSMAN KATHI CRESSMAN 81,4444,414, Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the 'S', day , 2001 by MARVIN R. CRESSMAN. of State of Texas County of Williamson This instrument was of TZT t/iV L 00005322.WPD NotaryPublic41;:g&t:;t74-., ► tate of Texas Acknowledgment acknowledged before me on this the , 2001 by KATHRYN A. CRESSMAN. ,ede Notary Public, State of Texas 2 Z�, day PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN : Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD 3 EXHIBIT FIELD NOTE DESCRIPTION: A 0.094 ACRE TRACT BEING A TRACT OF PARCEL OF LAND SITUATED IN WILUAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO MARVIN CRESSMAN, ET UX, IN A DEED RECORDED IN VOLUME 892, PAGE 544 OP THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a an iron rod found in the south right-of-way line of County Road 113, known locally as Kiphen Road, for the northwest corner of Jackie Thomison Subdivision, a subdivision recorded in Cabinet 1, Slide 94, of the Plat Records of Williamson County, Texas, same being the northwest caner of that certain tract of land said to contain 2.596 acres, conveyed to Evangel Temple Assembly of God, from Jackie E. Thomison and wife Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas, same being the northeast corner of said Marvin Creasman, et tat, tract, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 09° 19'41 "East, with the west line of said Jackie Thomison Subdivision, sane being the west line of said Evangel Temple Assembly of God tract, with the east line of said Marvin Creasman tract, a distance of 30.84 feet to a calculated point in the arc of a curve for the southeast corner of this tract; THENCE departing said west line of Jackie Thomison Subdivision, the west line of said Evangel Temple Assembly of God tract, through said Marvin Creasman tract the following two (2) courses: 1. Along the arc of said curve ve to the left a distance of 208.70 feet, having a radius of 950.00' feet, a central angle of 12°35'12", a chord which bears South 77°59'14" West, a chord distance of 208.28 feet to a calculated point for an angle corner of this tract; 2. South 71°41'38" West, a distance of 448.31 feet to a calculated point in the north line of said Marvin Creasman tract, same being a point in the south line of said County Road 113, for the west cornu of this tract; THENCE North 71°01'54" East, with the north line of said Marvin Creasman trail the south line of said County Road 113, a distance of 660.18 feet, to the POINT OF BEGINNING. Containing 0.094 acres of land more or less. Rq4C42, Randall S. Jones Registered Professio State of Texas RJ Surveying Inc. 1212 E. Braker Lane A...w:.. Tom.... 1e7C•2 en stk. 2/2-0,1 Date Surveyor No. 4391' OV 101 3anS '1 13N1 V0 NOISIAIO8nS NOSMOHI 3IN0Vf Ci in In Id Li J z 1 z t Xoom } :;::; o VAR4 §Mee Sim eailgi a • JwF N NE tr-3 le so Ce - 6 v z Z Z Ce 3Nn ozo 'x•0'0 tt SVxgig/06i3LV1S FUT AND RECORDED OFFICIAL PUBLIC RECORDS e:i3d9A. 07-09-2001 01:30 PM 2001048951 NANCY E. RISER ,COUNTY CLERK 319.00 WILLIAMSON COUNTY, TEXAS I .parcel: 123 07-- 6P1:4 v' r Cly (0F I, C, SPECIAL WARRANTY DEED County Road 113 Right -of -Way a THE STATE OF TEXAS S 0 COUNTY OF WILLIAMSON S rA 03 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such EXHIBIT C„ • 11 0 other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of rq the proposed County Road 113 ("Project"); and, C) WHEREAS, the purchase of the hereinafter -described premises has been deemed N necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: TRACT I: BEING 0.212 acres of land, more or less, out of Lot 29, of "JACKIE THOMISON SUBDIVISION", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet i, Slides 94-96, Plat Records, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. TRACT II: BEING 0.204 acres of land, more or less, out of Lot 30, of "JACKIE THOMISON SUBDIVISION", a subdivision in Williamson County, Texas. according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, and being more particularly described by metes and bounds 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. 00005322WPD 1 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 improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns - forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation 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 J day of July, 2001. EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. By: Name: Title: 50. "Am, +th2FS. f 5 CzEy'a�1Qy Address: State of Texas County of Williamson This instrument was ac falwa s m , ,tr ROUND ROCK, INC , a lrIthOLO Acknowledgments owledged before me on July // , 2001 by f EVANGEL TEMPLE ASSEMBLY OF GOD OF on, on bhalf of said corporation. ry Public, State of Texas 00005322.WPD 2 RECORDERS MEMORANDUM All or pam of the tett on this papayas not clearly legible for satisfactory recordation. STATE OF COUNTY OF TEXAS LiIAMSON L .v to S 617ititS Before me, tr— , on this day personally appeared I LS U( Known to me(or proved to me on the oath or through ilDL_ ) to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of July 11,2001 ( My commission expires: PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Old Settler's Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD A" . FIELD NOTE DESCRIPTION: A 0.212 ACRE TRACT BEING A. TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OP AND APART OF THE WIIJIS DONAHO SURVEY, ABSTRACT NO. 173, MD BEING OUT OP THAT CERTAIN TRACT OP LAND SAID TO CONTAIN 2.678 ACRES, DESCRIBED AS TRACT I, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM IACKIE E. THOMSON AND WIPE, BILLIE L. THOMISON N A DEED RECORDED IN VOLUME 1172, PACE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JAC1E THOMISON SUBDIVISION, A SUBDIVISION RBCORDBD IN CABINET 1, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING et a calculated point is the south right-of-way of County Road 113, known locally as Xiplien Road, the wast right-of-way line of Brenda Lane, for the northeast carne of said 2.678 acre t=act, and for the northeast comer and -POINT--OF BEGINNING of the herein described tract; .HENCE South 08°00'33" Bast, with the west right-of-way of said Brenda Lane, the east fine of said Tract 1, a d'utancs of 26.03 feet to a alwlated point, for the southeast comer ofthis tract; THENCE departing tho west right-of-way of said Brenda Lane, the east line of said Tract I, North 88°37'12" West, crossing said Tract I, a distance of 348.71 feet to a calculated point in the west line of said Tract I, the east line of that certain tract of land said to contain 2.596 acres, described u Tract Q and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Iackie E. Ti ozuison and wife, Billie L. Thomason in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Terms and being otrt amid Jackie Thomism Subdivision, THENCE North 07'59'28" West, with the west line of said Tract I the east line of said Tract 11, a distance of 25.70 fed to a calculated point in the south right-of-way line of said County lined 113, for the northeast corner of said Tract II; the northwest cotter of said Trail I. and for the northwest cornet atlas tract; THENCE South 88°59'50" East, with the south rightof way line of said County Road 113, the north tine of said Tract I. a distance of 348.33 feet to the POINT OF Containing 0 212 aeras *fiend more or less. Ro-M/ s p,.a. 2 2.7 n) Randall S. Jones Date Registered Profetssion and Surveyor No. 4391 State of Teras RJ Surveying Inc. 1212 E. Brake Lane Austin Texts 78753 SascolAejec s R21630ldeogp[ffia NOTE DESC BVAT c L TEMPLE T1.Gsc Monsen m Pebnrory 19, 2001 Pap 1 of 1 r1o/T1o®n s sums TTOairyDOx MOMS SYS 9T:00 nxr. Taos/Tr/so --4 s o2sga�zo 1•Z Ivry nsonoizOm z�o�� gu,/oz mE 9>zg-, � � N o fA pOmCgOo 1143o c> z11. sAra ).›ma,sz Ion -4> r9-1 ;!!./5 n o �EIQmioz gimm-Cwg o$oz 0 rm� oflmxD otn n- gz>z °a or,.00 • o> • 2-f g m m u n 21 0 i !�n�F 742 Mo 711 1 cam,4 ," sD iq bm 6'y G8� p •, 0 0 •'P O1lS ,IL'eYC /kn./LOON 0 Q pa m, 0 P a 013U ANVdIN000V 01 HO.LAS 0 Elo/ZTo4I 9 SIMS liDearaDM NA048 YYd 9t:60 !(EL TOOZ/1Z/90 FIELD NOTE DESCRIPTION: A 0.204 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2,596 ACRES, DESCRIBED AS TRACT II, AND CONVEYED TO EVANGEL TEMPLE ASST LY..OF .QOD.OE RQI D. ROCK, INC., FROM JACKIE E. THOOSON AND WIFE, BTT LLF L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE IACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right-of-way of County Road 113, known locally as Kiphen Road, for the northeast corner of said 2.596 acre tract, for the northwest corner of that certain tract of land said to contain 2.678 acres, described as Tract I, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 07°59'28" East, with the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, a distance of 25.70 feet to a calculated point for the southeast corner of this tract; THENCE departing the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, through said 2.596 acre tract, the following two (2) courses: 1. North 88°37'12" West, a distance of 236.84 fed to a calculated point at the beginning of a alive to the left, for an angle corner of this tract 2. Along the arc of said curve to the left a distance of 117.71 feet, having a radius of 950.00 feet, a central angle of 07°05'57", a chord which bears South 87°49'49" West, a chord distance of 117.64 feet, to a calculated point in the west line of said 2.596 acre tract, same being a point in the east line of that certain tact of land conveyed to Marvin Creasman, et ux, in a deed recorded in Volume 892, Page 544 of the Deed Records of Willianmon County, Texas, for the southwest corner ofthia tract; THENCE North 09°19'41" West, with the west line of said 2.596 acre tract, the east line of said Marvin Creasman tract, a distance of 30.84 feet, to an iron rod found in the south right-of-way of said County Road 113, for the northwest corner of said 2.596 acre tract the northeast corner of said Marvin Creasman tract, and for the northwest corner of this tragi THENCE South 88°59'50" East, a distance of 355.80 feet, to the POINT OF BEGINNING. Containing 0.204 acres of land more or less. Ra400 aicam- 2 Z/ /7O) Randall S. Jones Date Registered Professio d Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 SAT -rind Projects R21658Vieca1F1E1DNOTE DESC. EVANGEL7EMPLE.doc Revised en February 19, 2001 Page 1et1 - o > O m D 12Q66c1ri N-'i0+ ecoAC mrl 0= out zoo ' -1 Z ; K m vciEo 1 N r0 mnDizOoD >E u-ipr..gz m��*12 z m rn z o N C Az—P �ca �(my��� m'AN .'SI�o � �D^1'z -zr9,R wo m-"izz r=O n rn-4m0-iz- .rozoo0o� F4mom8mx ARC/011;4C" ONT)p V) (PM A 0 471 (1) ru CC z < _ Z yG z 30. cn r �Z Cn O? A D c x ,49'9CZ M.Z1,LC.99N 2 z -.00 zrIM c->" en �z 1 mm Az zm 2r1 n0 D m 27 m o m axt 0 co xt 4:; v f — ciiizsrota o)•---..rn ✓9 ... o z V o0 Cr N o J, 44 v (os°ti 0>0 z ,.7.0-00.,64,0s n -O22 A 1`', FI x w I 9Y _mr J { ,1f1� V 60 i t£ ?ie — Vi°'µ dorrj � n O •g C11- u. Lis .0);mi --' CA (4' o-0 Ucti O Do p 0 z ?-• A -az 0 zo -f Oc z $ 0 Q 3 7T13 s g .09...11 31Y3S 2 rAi 0 i0 to O 0 0 D g N Z 4 2 0 a us m m m 0 A 2 CS U •V 2 A U v A n 0 rn 281111 ,8 z r • Z�c-z 0 1 A 0 0 13 --Io Z1 Xi 00 m� 6) z O :S310N 11313 ) NVdW000d Ol • • a 2. J /_ �V\ . St FILED MD RECORDED OFFICIAL PUBLIC RECORDS )tet 07-23-2003""02;05 PM 2001052821 JACKIE $25.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009010405 02/18/2009 02:21 PM CMCNEELY $100.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS N W+ S T Settlers Overlook 2 O X 0- Subject Tract 1 o X 0.51 ac --- East Old Settlers Blvd _-.--- i M Subject Tract 2 1 .345 ac llllllilllllllllllllllllllllllllllllllllllfllllllllllllllll °R° 37 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 20090104@6 EXHIBIT I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -09-02-12-9B2 which annexes 1.345 acres of land, being East Old Settlers right-of-way immediately east of Brenda 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 12th day of February 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 17th day of February 2009. • L 4 { &176A, SARA L. WHITE, City Secretary ORDINANCE NO. A-o9oz.- 12.- 9 a AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.345 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 1.345 acres out of the Willis Donaho Survey, Abstract No. 173, in Williamson County (the "Property") more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 0:\WDOX\ORDINANC\090212132. DOC/rmc L That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to approve the annexat ion .... III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 2 VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become 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 portions and declares that it would have adopted the valid 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. A11 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 12- day of , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of , 2009. 4 ATTEST: SL. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 5 EXHIBIT "A" EAST OLD SETTLERS BOULEVARD RIGHT-OF-WAY AT BRENDA LANE - EAST TRACT DESCRIPTION BEING a 1.345 -acre tract of land, more or less, being out of and a potion of the Willis Donaho Survey, Abstract No. 173, in. Williamson County, Texas, .as. conveyed to the City of Round Rock and further described in Special Warranty Deeds recorded in Document Numbers 2001044951, 200200-0073, 2001084406, 2001087852, 2006069414, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibits B, C, D, E and F, respectively, and said tract also being identified on the accompanying sketch as Subject Tract 2, attached hereto and made a part hereof. {r(G E*0-1-701.5_ C 7-s .d'act 004. ju-55-z5-caooa Deo i SPECIAL WARRANTY DEED County Road 113 Right -of -Way § THE STATE OF TEXAS a § COUNTY OF WILLIAMSON § EXHIBIT „B„ 1-1 (fj WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such Qt other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of 4 the proposed County Road 113 ("Project"); and, WHEREAS, tbe..purchase_ o.f_the hereinafter -described premises has been deemed O necessary or convenient for the construction, expansion, enlargement, C) extension, improvement, or operation of the Project; NOW, TBEREFORE ,XPOW ALL MEM ar THESE PRESENTS: That, ANDREW SIDNEY ALLEN, III, a single man, 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: 0.174 acres of land, more or less, out of Lot One (1) of JACKIE THOMISON SUBDIVISION, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, being more particularly described by metes and bounds, in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners 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 ) 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 -WHEREOF, this inst-r-umen-t—is executed on this --Lhe ay. of --- -e,, , 2001. State of Texas County of Williamson of ThisIne- instrument ANDREW SIDNEY ALLEN, III Acknowledgment was acknowledged before me , 2001 b ANDREW SIDNEY • CLAIRE HARTMAN �oar .�, MAY 22, 2009 PREP IN m ur Ptcu or Notary Puck Slurs or Toes 0:411114$01 EVOIN on this the E , IL Notary Public, Sta of Texas Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas ATTER RECORDING RETURN TO: Austin Title Company O101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD 2 GCTA, day arioci5-E Y1U,D NOTE DESCRIPTION: A 0.174 ACRE TRACT BEING A TRACT OF PARCEL OF LAND SITUATED 1N WILLIAMSON cowry, TEXAS AND BE1NO OUT OF IBB WLLIS DONABO SURVEY, ABSTRACT NO. 173, AND A PART OF THE 1ACKIE THOMJSON SUBDIVISON A SUBDIVISION RECORDED IN CABINET 1, SLIDE 94`QF THE PLAT RECORDS OF WILLIAMSON IAMSON COUNTY, TEXAS, AND BEUiG OUT 'OP THAT CERTAIN TRACT OF LAND CONVEYED TO ANDREW SIDNEY ALLEN III FROM BARBARA ALLEN, IN A DEED RECORDED IN VOLUME 2689, PA.GE 316, OF THE DEED RECORDS OP WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED MY METES AND BOUNDS AS FOLLOWS: BEGINNING atm iron rod found for a point in the south right-ofway of County Road 113 some being the northeast corner of raid Andrew Sidney Allen III tract, the northwest comer of that certain tract of land conveyed to Dorm Taylor, et al, in Document No. 9656915, of the Deed Records of Williamson County, Texas, for the northeast oomer and _.. _ POINT 0F.BZ ThNfl1IG.ofrhe.beeem descaed tract~ THENCE South 01°34'S2' East, with the oast lino of said Andrew Sidney Allen 111 tract, the west line of said Doran Taylor tract, a distance of 29.74 feet to a calculated point for the southeast comer of this tract; THENCE departing said east line of Andrew Sidney Allen W tract, the west line amid Doran Taylor tract, North W3712" West, though said Andrew Sidney Allen III tract, a distance of 256.76 fees to a calculated point in the east right-of-way of Brands Lane same bolos a point in the went lino of said Andrew Sidney Allem III tract, for the southwest corner of this tract; THENCE North 07°53'21" West, with the west lino of said Andrew Sidney Allen III tract the east right-of-way line of said' Brenda Lane, a distance of 29.38 feet to an iron rod found ata point in the south tight -of -way lino of said County Road 113, sante bang a point in the north line of said Andrew Sidney Allen m tract, for the northwest corner of this tract; THENCE South 88°46'30" East, with said south right -of --way and with the said north line of Andrew Sidney Allen III tract, a distance of 260.00 feet, to the POINT OF BEGINNING. Containing 0.174 acres ofland more or less. ?2ie, S Ora- Z42 27/D1 Randall S. Imes )bate Registered Profeaai Land Surveyor No. 4391 State of Texas RJ S rrveyieg Inc. 1212 E. BreioerLane Austin Teener 78753 S:ViandPatents R216511docAFELD NUM DISC. ALLEN ULdoo Revised: ?emu 19, 200I Page 1of1 EXHIBIT A= 2-12 A 1 114 A5; g og _".4 1 01 6;3 A ;Iii 0 0 0 cozz ERM r 12 2R z PI 2 cn =SJ10N ,kNVd11000d 01 i11 1g $ R§ q ¢ to 0y mN2 U 7303 9 FILED AND READ OFFICIAL PUBLIC RECORDS 06-25-2001 02:19 PM 2001044951 ANDERSON $17.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS y Ara Ltlo-l'r2ts7,Sao di SPECIAL WARRANTY DEED County Road 113 Right -of -Way • THE STATE OF TEXAS § a § COUNTY OF WILLIAMSON § ?1 N 0 0 0 WHEREAS, the purchase of the hereinafter -described premises has been deemed O necessary or convenient for the construction, expansion, enlargement, • extension, improvement, or operation of the Project; WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, MICHAEL SCOTT SMITH and wife, MARTHA TURNER SMITH, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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: BEING 0.294 acre of land, more or less, out of Lot 2-A, "JACKIE THOMISON SUBDIVISION", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof forthe 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 ii 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. WORLDOwcORMRAN/CW )3CONPISKITI 017194 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. IN WITNESS WHEREOF, this instrument is executed on this --the a/_ day -of - per Fmo E2 , 2001. State of Texas County of Williamson MICHAEL SCOTT SMITH Acknowledgment § § This instrument was acknowledged before me on this the 2/ , day of 72 Pc g m 0 , 2001 by MICHAEL SCOTT SMITH and wife, MARTHA TURNER SMITH. la/gziv7 Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 WORLDO7UCOAR/TRAN/CR117COMA SIAMIAp1117194 2. 07/709g-6 FIELD NOTE DESCRIPTION FOR A 0.294 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO DORAN TAYLOR IT AL, IN DOCUMENT NO. 9656915 OF THE OFFICIAL RECORDS OF WII iIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found for a point in the south right -of -line of County Road 113, known locally as Yiphen Road for the northeast corner of said Jackie Thomson Subdivision, same being the northeast corner of said Doran Taylor tract, for the northwest corner of a 50 foot wide Private Access Easement conveyed to Oscar M. Wall from William L. Meier, Jr. in a deed recorded in Volume 2064, Page 57 of the Deed Records of Williamson County, Texas, for the northeast corner and POINT OX BEGIPir11NG for the herein described tract THENCE South 02°24'07" West with the west line of said Private Access Easemem, the east line of said Jackie Thomison Subdivision same being the east line of said Doran Taylor tract, a distance of 29.70 feet to a calculated point, for the southeast corner of this tract; THENCE North 88°37'12" West departing the west line of said Private Access Easement, though said Jackie Thomison Subdivision, though said Doran Taylor tract, a distance of 430.41 feet to a calculated point in the west line of said Doran Taylor tract, same being a point in the east line of that certain tract of land conveyed to Andrew Sidney Allen III, in a deed recorded in Volume 2689, Page 316 of the Official Records of Williamson County, Teras, for the southwest corner of this tract; THENCE North 01°34'52" West through said Jackie Thomison Subdivision, with the west line of said Doran Taylor tract, the cast line of said Andrew Sidney Allen III tract, a distance of 29.74 feet to an iron rod found at a point in the south right-of-way of said County Road 113, same being a point in the north line of said Jackie Thomison subdivision, for the northwest corner of said Doran Taylor tea, for the northeast corner of said Andrew Sidney Allen III tract and for the northwest corner of this tract; THENCE with the said south right-of-way line of County Road 113, the north line of said Doran Taylor ttaot, same being the north line of said Jackie Thomison Subdivision, South 88°37'13" East, a distance of 432.47 fed to the POINT OF BEGINNING. Containing 0.294 acres of land more or less. IRcP wait i s C 711go Randall S. Jones Date Registered Profess' Land Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin, Texas 78753 FILED AG RECRED OFFICIAL PUBLIC RECORDS 01-02-2002`09:38 AM 2002000073 ANDERSON 813.00 NANCY E. RISTER ,COUNTY CLERK 1dILLIAMSON COUNTY, TEXAS MI-swiProjects R2165aldocsvFIELD NOTE D. TAYIARdoc Revised Maury 19, 200I Page 1aft N TBE STATE OF TEXAS s 5 COUNTY OF WILLIAMSON 5 02 *1? 141 eIrlis 211 o'-A2S, C.4.414 e -e. I to-Ot-I 3' occoce-co1q3 SPECIAL WARRANTY DEED County Road 113 Right -of -Way O CO O ri .__WHEREAS, the purchase of the hereinafter -described premises has been deemed o necessary or convenient for the construction, expansion, enlargement, C) extension, improvement, or operation of the Project; 04 EXHIBIT p„ WHEREAS, the City of Round Rock, Texas is authorized to purchase led 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, NOW, THEREFORE,- KNOW ALL MEN BY THESE PRESENTS: That, SADIE M. WALL, GLEN ALAN WALL, STEVEN WAYNE WALL and BRIAN DOUGLAS WALL, 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 ofRound 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 0.034 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A", attached hereto and incorporated herein. 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 Ai 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 .AOLDOO ICOn Wr OIWKoNovwu,swonwea uo 1. forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. I WITNESS WHEREOF, this instrument is executed on this the day of , 2001. WOILDO ICOM TwuucaaacwmrwALISADanwwel SAISI E M. WALL GLEN ALAN WALL 4d1ST xWALL BRIAN DOUGLAS WALL 2. State of Texas County of Williamson This instrument was State of Texas County of Williamson Acknowledgment acknowledged before me on this the01' , day , 2001 by SADIE M. WALL. littff4/ 416,4"a494e Notary ary Public, State of Texas Acknowledgment This instrument was acknowledged before me on this the 3/ , day , 2001 by GLEN ALAN WALL. of OG7O1Sfi�2 S County of Williamson ifv,dm Notary Public, State of Texas Acknowledgment l!nnThi nstrument was acknowledged before me on of aLCilr' , 2001 by STEVEN WAYNE WALL. State of Texas County of Williamson this the 3157":day ke6., Notary Public, State of Texas Acknowledgment This instrument was acknowledged before me on this the of D C/'ir'DA64 , 2001 by BRIAN DOUGLAS WALL. Notary Public, State of Texas 3/ , day RECORDERS MEMORANDUM 3. All or parts of the tett on this plot was not -featly legiik for satisfactory teoordst on. PREPARED IN THE OPFICE 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 wostroVCOAxrrs4n1CRWConnnvwLLSADLEA.o,.w, 4. f, ,t.I- a170�02-8 FIELD NOTE D&SCRIPTION: A 0.034 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WI LIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAJIO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO OSCAR. M. WALL FROM WILLIAM L. MEIER, JR., IN A DEED RECORDED IN VOLUME 2064, PAGE 57 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of --way line of County Road 113, know locally as Kiphen Road, for the northeast corner of that certain 50 foot wide Private Access Easement of said Oscar M Wall tract, the northwest corner of that certain tract of land conveyed to Juanita Meier, recorded in Volume 908, Page 700 of the Deed Records of Williamson County, Texas, and for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 02°27'07" West, with the east line of said 50 foot wide Private Access Easement, the west line of said Juanita Meier tract, a distance of 29.75 feet, to a calculated point, for the southeast corner ofthis tract; THENCE ENCE departing the east line of said 50 foot wide Private Access Easement, the west line of said Juanita Meier tract, North 88°37'12" West, crossing said 50 foot wide private ace s cesement, a distance of 49.97 feet to a calculated point in the went line of said 50 foo; ,.; i. private access easement, the east line of Jackie Thomison Subdivision, a subdivision recorded in Cabinet 1, Slide 94, of the Plat Records of Williamson County, Te sine being a point in the went line of Lot 2-A of said subdivision, said Lot 2-A being that certain tract of land conveyed to Doran Taylor, et al, in Document No. 9656915 of the Official Records of Williamson County, Texas, for the southwest corner of this tract; TIifNCE North 02°24'07" East, with the east line of said Doran Taylor et al, tract, the east line of said Jackie Thomison subdivision, the west line of said Oscar M. Wall tract, a dist ;e of 29.70 feet to an iron rod found in the south right-of-way of said County Road 113, f r the northwest corner of said 50 foot wide private access easement, the northeast comer of said Jackie Thomison subdivision, the northeast comer of said Doran Taylor, et al, a aa, and for the northwest corner of this tract; THENCE South 88°40'33" East, with the south right-of-way line of said County Road 113, the north line of said 50 foot wide private access easement, a distance of 50.00 feet, to 1:_. roINT OF BEGINNING. Cc: inng 0.034 awes of land more or leas. F,...„, Ranlda!! S. Jones Rc, I_: Pro Stalc ofTexas RJ Surveying Inc. 12]2 E.Braker Lane Austin, Thras 78753 eriDr 221 ) al Land Surveyor No. 4391 S:\ ...1; •, ujxts R2\6531dxs1FXEI.D NOTE DPSCiuPTION Wafl.doc Rc. Fwnwy 19, 2001 Page 1of1 G7 z > Bczpp t_ C)cu g2>z, of- ccm NV+tA I rrco g' • �E- my O3 v9C;L p o 94 Pg og� iy z� -9> l y `�; �'/s p o 04, pcn of> x . i ?c .9 i4 ! a Z _ _L A > .- rnm _. •'Q noow- W m.exu ?c) _ > o~;, Z a Z i- N N a- 0 0 ° -, �o co +1Ov oG yw v �0o 0 N0212'50t PLAT UNE a1 z g 5, -.).PRIVATE ACCESS EASEMENT : v o 8 co rni�� 1 Z A 1. c- rn 1 1 (502.03.40'ih)2, DEED UNE b� N Pa NV CVIo CO C� 0 40 Co 01 Oi$ O w m RECORDERS MEMORANDUM I All or pun of die tea ondies pap was Dot ill fix =Amy recordation. i / I / -000 mr"+ c xm Az 0 m Fri Z A -0 O O a1313 ANWIWOODd SON0338 iviouo A 0 FILED AND RECORDED OFFICIAL PUBLIC RECORDS lie 11-15-200x12:35 PM 2001064406 ANDERSON $21.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS ;�q aarc C��x u�ov�a � � � SPECIAL WARRANTY DEED County Road 113 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CV WHEREAS, the City of Round Rock, Texas is authorized to purchase ]gad and such CO other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of m the proposed County Road 113 ("Project"); and, 0 WHEREAS, the purchase of the hereinafter -described premises hasbeen deemed Q necessary or convenient for the construction, expansion, enlargement, O extension, improvement, or operation of the Project; C4 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, CHAMPION -METER ASSETS, LTD., a Texas limited partnership and ALMA JUANITA CHAMPION MEIER, as Trustee of THE CHAMPION-MEIER MANAGEMENT TRUST, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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 whch 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 RoundRock, 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: EXHIBIT E„ 0.753 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. 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 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 00015868.WPD 1 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 ALL day of A/oV Ejrl i9d.le , 2001. CHAMPION-MEIER ASSETS, LTD., a Texas limited partnership By: .24,...,0- Printed ame .4/�»aJ��h�jo.GhaMr, 4 Title: 7' "1" C. ALMA JUAITA CHAMPION MEIER, as Trustee of THE CHAMPION-MEIER MANAGEMENT TRUST Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the a/ , day of WOVSMACeile , 2001 by /4G470 ToppirrO LAAdOmm Ant t tit. ,1740tOKE of CHAMPION-MEIER ASSETS, LTD., a Texas limited partnership, on behalf of said partnership. l SUSAN PATTEHSON sl : MY OOIArssaN EXPIRES VA. 'e 1,2001 0001586&WPD Notary Public, State of Texas 2 Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the a/ , day of 4/01/fmBg6R , 2001 by ALMA JUANITA CHAMPION MEIER, as Trustee of THE CHAMPION-MEIER MANAGEMENT TRUST. 1. Alp, SUSAN PATiER60N i'= xf MY CCIAMISSION EXPIRES . ..7 FebM71y 1.204 tary 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 0001556LWPD 3 10/16/2001 TUE 16:05 FAX SHEETS & CROSSFIELD P.C. lb 009/01 RECORDERS MEMORANDUM Alt or pats of the ten on this page was not' clearly legible for satisfactory recordation. 4 - a/70 q-4 FIELD NOTE DESCRIPTION FOR 0.753 Atm TRACT BEING A TRACT OR PARCEL OP LAND SITUATED IN W .1.IAMSON COUNTY, TEXAS. AND BEING OUT OF AND A PART OF THE WILLIS DONARO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO JUANITA MEIER RECORDED IN VOLUME 908, PACE 700 OF THE DEER) RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRI8P.D BY METES AND BOUNDS .AS FOLLOWS: BEGINNING at point in the south rigbt.of--way line of County Road 113, known locally u 1Ciphen Road, for tho northwest corner of said Juanita Meier tract, sans being the northeast comer of a 50' Private Access Easement, convoyed to Oscar M. Wall, in Volume 2064, Page 37 of the Official Record; of Williamson County, Texas, for the n rthwnst comer and POINT 01? BEGINNING of the heroin deutibed tract; THENCE with tho south right-of-way line of acid County Road 113, the north lino of said Juanita Meier tract, the follawlag two (2) courses . 1. South 8840'33" Baal, a distaaco of 946.67 feet to an iron rod found; 2. South 88.40'02" But, a distance of 85.19 feet to a calallated point, fbr the northwest oomer artist certain tract of load conveyed to Wduamson County, described u Tract H, in Document Na 199929648, rite deed retards of Williamson County, Tcxas, and for the northeast corner ofthis tract; THENCE departing the north Hno *laid Juanita Meier tract, the ecutb right-of-way line of said County Road 113, with the north fine of raid Juanita Meier tract, the south line of said Tram B, the following three (3) courses 1. South 43°58'26' East, r distance of 35.82 fleet to an iron rod found; 2. South 811°39'25" East, a distsrlae of 168.52 &et to an iron red found; 3. South 76°34'11" East, a distanoo of 51.34 feet to a calculated point in the arc of a curve to the loft, for the southeast corner of this tram; 'THENCE departing the north line of said Juanita Meier tract, the south line ofsaid Tact B, crossing said Juanita Meier that the following two (2) courses: 1. Along the are of said ourvo to the tett e &stance of 97.92 feet, said curve not being tangent to the lift described corms, said ccrrvc having a radars of 950.00 het, a central angle of 05°54'20", it chord which bears North 85°40'02" West, a chord dhstance of 97.87 feet to it calculated point; 2. Noah 88°3712" West, a distance of 1178.8E foot to a calculated point, in the west line of said Juanita Meier tract, the east Uro of said Oscar M Wall tract, for the eouahwea comet of this traor TSENCE North 02°27'07" East, whit the wen Eno of said Judie Meier tract, the east line of said Oscar M. Wall tract; a distance of 29.75 fed to the POINT OF BEGINNING. Containing 0.753 acres of land more or lam 904 -hill S COP°,. 21 0 SurveyorNo. 4391 Rands)! S. Iona Registered Profeisio Stets of Tates R.1 Survoying Inc. 1212 E. Braker Lane Austin, Tenors ,78753 Sawa holed' 1t2163104oeaA-].D NOIR DESC Metra twa.da Febtaa:y22, 0.001 Revised Mock 26,2 o1 Pass 1 °tl 1LMr1 oL1''nt'1rn LL) BINE' f►CL:U U U OFFI,C.AL PUBLIC RECORDS 11-29-2001 12:27 PM 2001087852 ANDERSON $17.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY. TEXAS Kiphen Rd. --parcel 5 111111111111 11111111 SPECIAL WARRANTY DEED Kiphen Road Project THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § Inn DEED �u lu 9 PGS 2006069414 EXHIBIT „F„ 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. 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 Kiphen Road improvement project ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, ESTATES AT SETTLERS PARK OWNERS ASSOCIATION, INC., hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor 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: 0.007 acre tract of land, more or less, situated in the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more fully described by metes and bounds or shown in Exliibit "A", attached hereto and incorporated herein (Parcel 5); and A 0.085 acre tract of land, more or less, situated in the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas; said tract of land described more particularly by metes and bounds in Exhibit "B" attached hereto and incorporated herein. OAwdox\CORRlvaasp phenraiviagstoa\swdeed‘00101898.DOC RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; 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; and any encroachments or overlapping of improvements. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto m 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 a. day of Jw( , 2006. GRANTOR: ESTATE % SETTLERS PARK OWNERS ASSOCIATION, INC. 1 vti,41 Its: ?Re-Zit/4-4 Acknowledgment State of Texas County of`T�rar vl. This instrument was acknowledged before me on this the G-0 day of Jvi%-k , 2006 by Kwic 1=or rte. 2 n , in the capacity and for the consideration and purposes recited herein. 2 Notary Public, State of exas PREPARED IN THE OFFICE OF: Sheets & Crossfield, F.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S ADDRESS: City of Round Rock 221 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. ® 309 East Main Round Rock, Texas 78664 PARCEL: 5 COUNTY: WILLIAMSON OWNER CITY OF ROUND ROCK EXHIBIT PROPERTY DESCRIPTION DESCRIPTION OF A 0.007 ACRE (310 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 0.09 ACRE TRACT OF LAND (TRACT 2), CONVEYED TO RANDELL LIVINGSTON, TRUSTEE, FOR REG ENTERPRISES, INC., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2000046292 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.007 ACRE (310 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a found 1/2" iron rod in the existing southerly right-of-way line of IGphen Road (right-of-way width varies), 45.89 feet right of proposed Klphen Road baseline station 110+06.51, being the southeasterly comer of said 0.09 acre tract, the northeasterly corner of the remaining portion of that called 75.590 acre tract of land conveyed to Champion -Meier Assets, Ltd., by instrument recorded in Document No. 2001016161 of the Official Public records of Williamson County, Texas, the northwesterly corner of that called 10.00 acre tract of land conveyed to the City of Round Rock, Texas, by Instrument recorded in Document No. 9614211 of the Official Records of Williamson County, Texas, and the southeasterly corner of the herein • described tract? 1) THENCE, departing said existing southerly right-of-way line of Kiphen Road, with the common boundary line of said 0.09 acre tract and the remaining portion of said 75.590 acre tract, S 87°30'33" W for a distance of 15.13 feet to a set 1/2° iron rod with a City of Round Rock aluminum cap in the proposed curving southerly right-of-way line of Klphen Road, 52.00 feet right of proposed Kiphen Road baseline station 109+93.40; 2) .THENCE, departing said common boundary line, through the interior of said 0.09 acre tract, with the proposed southerly right-of-way line of Kiphen Road, along • said curve to the right, having a delta angle of 04°17'36", a radius of 1050.00 feet, an arc length of 78.68 feet, and a chord which bears N 65°19'43" W for a distance of 78.66 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the northerly boundary line of said 0.09 acre tract, same being the existing southerly right-of-way line of Kiphen Road, 51.83 feet right of proposed Kiphen Road baseline station 109+17.76, being the most northerly comer of the herein described tract; PARCEL: 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 2 of 3 3) THENCE, with the northerly boundary line of said 0.09 acre tract and said existing southerly right-of-way line of Klphen Road. S 69'38'54' E for a distance of 92.38 feet to the POINT OF BEGINNING, containing 0.007 acres (310 square feet) of land, more or less. Ail bearings recited herein are based on the Texas State Plane Coordinate System, Central -Zone No. 4203,- NAD 83, - - - - This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. ii(eiti ;614 V M. Stephen Teesdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 KIPHEN ROAD — PARCEL 5 Date STA )09.IT.T6 51.83' RT S 5 0 10 20 SCALE I'•20' '0.00 OSFO Kip)14 R\ Bq CIQ o w,kipti ory Vq eRogo J REG ENTERPRISES, INC. RANDELL LIVINGSTON (TRUSTEE) c, (0.09 AC.) DOC. NO. 2000046292 TRACT 2 0.007 AC. 0.P.R.W.C.T. 310 SO. FT. _---------- • 0 ( ) P.O.B. P.O.R. 0.P.R.W.C.T. O.R.W.C.T. P.R.W.C.T. LEGEND P.0.8. STA now6.51 . _ 45.69' RT STA 033.93.40 52.00' AT CHAMPION -METER ASSETS, LTD. (REMAINDER OF 75.590 AC.) DOC. NO. 2001016161 0.P.R.W.C.T. 7.0'33' w 1513 0 WINS DONAHO SURVEY 1 ABSTRACT NO. 173 1/2' IRON ROD FOUND I/2 ' IRON ROD SET W/CITY OF ROUND ROCK ALUMINUM CAP CALCULATED POINT PROPERTY LINE RECORD INFORMATION POINT OF BEGINNING POINT OF REFERENCE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY. TEXAS CITY OF ROUND ROCK. TEXAS 10.00 AC. DOC. NO. 9614211 O.R.W.C.T. NO. DELTA RADIUS TANGENT LENGTH CHORD CHORD BEARING CI 0497'36' 1050.00' 39.36' 78.68' 78.66' N 65"19'43' W NOTES: ALL BEARINGS ARE RASED ON 6R10 BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE sYSTEN. NAD 83, CEInRAL ZONE. USING A COMBINED SURFACE ADJUSTMENT FACTOR OF L00012. THS SURVEY WAS PERFORMEO WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY SE EASEMENTS OR OTHER JNSTRUMENTS PERTANIINO TO THS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE *ROUND UNDER MY DIRECTION AND SUPERVISION AND THAT TFB3 PLAT NI TRU ANO CORRECT TO THE 9E87 OF MY KNOWLEDGE AND BELIEF. jil/tok ALE REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4953 LICENSED STATE LAND SURVEYOR INLAND CIVIL u VASSOCIATES PROFESSIONAL LAND SURVEYORS V 1504 C111SHOLM IRAN. R0. SUITE 103 ROUND ROCK, TX_ 78681 si.01023161200,fNx01A2341231 RIGHT OF WAY SKETCH KIPHEN ROAD WILLIAMSON COUNTY. TEXAS PARCEL 5 1 PARCEL: 5-E COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK EXHlSrr PROPERTY DESCRIPTION DESCRIPTION OF A 0.085 ACRE (3,719 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 0.09 ACRE TRACT OF LAND (TRACT 2), CONVEYED TO — RANDELL LIVINGSTON,TRUSTEE, .FOR .REG ENTERPRISES, INC., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2000046292 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.085 ACRE (3,719 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a found 1/2" iron rod in the westerly boundary line of said 0.09 acre tract, same being the existing southerly right-of-way line of Kiphen Road (right-of-way width varies), 70.54 feet right of proposed Kiphen Road baseline station 108+67.56, being the northeasterly corner of that called 0.286 acre tract of land conveyed to Williamson County by instrument recorded in Document No. 199929648 of the Official Public Records of Williamson County, Texas; 1) THENCE, with the westerly boundary line of said 0.09 acre tract and said existing southerly right-of-way line of Kiphen Road, N 02°11'37" W for a distance of 15.04 feet to a set 112" iron rod with a City of Round Rock aluminum cap, 57.27 feet right of proposed Kiphen Road baseline station 108+60.53, being the most northerly comer of the herein described tract 2) THENCE, with the northerly boundary line of said 0.09 acre tract, same being said existing southerly right-of-way line of Kiphen Road, S 69°36'54" E for a distance of 57.45 feet to a set 1/2" Iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left in the proposed southerly right-of-way line of Kiphen Road, 51.83 feel right of proposed Kiphen Road baseline station 109+17.78; 3) THENCE, departing said existing southerly right-of-way line of Kiphen Road, through the interior of said 0.09 acre tract, with the proposed southerly right-of-way line of Kiphen Road, along a curve to the left, having a delta angle of 04°17'36", a radius of 1050.00 feet, an arc length of 78.68 feet, and a chord which bears S 65°19143" E for a distance of 78.66 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the common boundary line of said 0.09 acre tract and the remainder of that called 75.590 acre tract of land conveyed to Champion -Meier Assets, Ltd., by instrument recorded in Document No. 2001016161 of the Official Public Records of Williamson County, Texas, 52.00 feet right of proposed Klphen Road baseline station 109+93.40, being the southeasterly comer of the herein described tract; PARCEL: 5-E COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 2 of 3 THENCE, departing the proposed southerly right-of-way Zine of Klphen Road, with the common boundary line of said 0.09 acre tract and the remaining portion of said 75.590 acre tract, the following two courses: 4) S 87°30'33" W for a distance of 123.23 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, being the southwesterly corner of the herein described tract; 5) N 02°11'37" W for a distance of 26.83 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap In the northerly boundary line of the remaining portion of said 75.590 acre tract, same being said existing southerly right-of-way line of Kiphen Road, 85.00 feet right of plopoSed.Kiphen,Road. baseline station 108+75.25; 6) THENCE, departing the northerly boundary line of the remaining portion of said 75.590 acre tract, with the westerly boundary line of said 0.09 acre tract and said existing southerly right-of-way line of Kiphen Road, N-02°11'37" W for a distance -of -1f4-38 feet to the POINT OF BEGINNING, containing 0.085 acres (3,719 square feet) of land, more or less. All bearings recited herein are based on the Texas Stale Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. St =n ru==date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 /44.42-,t KIPHEN ROAD — PARCEL 5-E Date s 10 0 20 40 SCALE t" " 40' P.0.8. --PARCEL 5-E STA 9.67.56 R7 WILLIAMSON COUNTY (0.286 AC.) DOC. N0. 199929648 O. P.f .-w. C. -T. STA 1011.75.2 e5.00' RT • • SFO STA 109.60.53 5727' RT S 69.36'3 sT 46.4 f kI`09 yfyRO '00 40 BgSP('yF J • 4 7.00 TA 10907.76 ('R O , k/ , �sl.e3' a7 ,DThI yq N Ro q` Ries, J q D REO ENTERPRISES. INC. RANGELL LIVINGSTON. TRUSTEE (0.09 AC.) J 00c NO. 2000046292 TRACT 2 0.P.R.W'.cT. S 87.30'33' W I23.23' STA 109.93.40 92.00' RT CHAMPION-MEIER ASSETS. LTO. (REMAINDER OF 75.590 AC.) DOC. NO. 200101616! O.P.R. W. C. T. LEGEND • 1/2" IRON ROD FOUND O I/2 " IRON ROD SET W/CITY OF ROUND ROCK ALUMINUM CAP CALCULATED POINT t PROPERTY LINE ( ) RECORD INFORMATION P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY. TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY. TEXAS 0.095 AC. 3.719 S0. FT. • L4 STA 90.06.51 45.69' R7 Ckls P401. Sf0 CITY OF ROUND ROCK, TEXAS 10.00 AC. WILLIS DONAHO SURVEY DOC. O .NO.9614211 ABSTRACT NO. 173 NO. BEARING DISTANCE LI N 02°8'37' W 26.83' 2.2 N 02.11'37' W 16.38' L3 N 02'11'37' W 15.04' L4 •N 87.30'33' E _ 15/3' ENO -DELTA RADIUS TANGENT LENGTH CHORD CHORD BEARING �� CI 04417'36' L1050.00' 39.36' 78.68' 78.66' S 65.19'43' E NOTES: RS ARE BASED BEARINGS. SRTEPCOORDINAARE SURFACE VON ALUES BASED ON THE DISTANCES LANE COORDINATE SYSTEM. NAD 83. CENTRAL 2042. USING A COMBINED SURFACE ADJUSTMENT FACTOR OF L00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAT BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT 311001 HEREON. 1 SUPERVISION ANOCERTTHATTTHIISS 1�T R TRUE VEY WAS MADE CORRECT T BES T of MY KNOWL1117 EDGE AND BELIEF. M. STEP T' E REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4933 LICENSED STATE LAND SURVEYOR 6 INLAND CIVIL ASSOCIATES PROFESSIONAL LAND SURVEYORS 1,1504 CHISHOLM TRA/1 RD. SWTE 103 ROUND ROC*, TX. 78681 nl G12)I28-1700,98 DID77612S1 /3/4 PAGE 3 OF 3 EASEMENT SKETCH KIPHEN ROAD W?LLIAMSON COUNTY, TEXAS PARCEL 5-E • ,4- G ad E FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2086069414 E.,, 08/15/2006 10:12 AIR PHERBRICH *48.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009010406 E.r 02/18/2009 02:21 PM CMCNEELY $160.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS N -' 2 Settlers Overlock cod m X 0 E o C- Subject Tract 1 r o Q 0.51 ac East Old Settlers Blvd i Subject Tract 2 1.345 ac Exhibit A - Sketch SERVICE PLAN EXHIBIT PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 9.939 ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD SETTLERS AT BRENDA LANE 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 undeveloped, although it was platted in 1986. There is one church and two single-family residences across what is now six parcels (one of the lots has been reconfigured into three parcels). The Property is generally surrounded by larger -acreage single- family residential to the south, and standard single-family residential development to the north. Large -acreage tracts that have not been platted and remain undeveloped surround the property on the east and west. 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 Brenda Lane 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 43.056(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 DATE: May 7, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: 8G11. 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 9.939 acres located immediately south of East Old Settlers Boulevard, to the east and west of its intersection with Brenda 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 south at its intersection with Brenda Lane, 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 Backeround Information: Parcels comprising this Tract were platted in 1986; 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 are currently served by water wells and septic systems. Over the past two decades, Lots within the Tract have been combined and further subdivided. In addition, strips along the Boulevard were acquired from each parcel for a recent road -widening and wastewater line installation project. Consequently, the parcels (in their current configuration) do not align with the original platted Lots. 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. - CONTINUED ON NEXT PAGE - Upon annexation, the City will provide the usual compliment of municipal services, including maintenance of approximately 277 feet of Brenda Lane right-of-way. The service plan complies with the requirements of the Texas Local Government Code. Public Comment: Per the statutory requirements of the Texas Local Government Code, the following has been completed: On February 11, 2009, written notices were sent by certified mail to the property owners of the proposed annexed lands and to all public and private utility providers that could be affected. Written notices were also sent by certified mail to area public school districts that could be affected by the annexation on March 25, 2009. Published notice of the April 9, 2009, public hearing was posted on the City's Website on Wednesday, March 25, 2009 and was published in the Round Rock Leader on Saturday, March 28, 2009. Published notice of the April 23, 2009, public hearing was posted on the City's Website on Wednesday, April 8, 2009 and was published in the Round Rock Leader on Saturday, April 11, 2009. The two public hearings were conducted by the Council as posted. EXECUTED DOCUMENT FOLLOWS 111 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * II 1111 111 i ORD 92 PGS 2009051249 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 -09-05-14-8G11 which annexes 9.939 acres located immediately to the south of East Old Settlers Boulevard, to the east and west of its intersection with Brenda 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 8th day of June SWO, . SARA L. WHITE, City Secretary ORDINANCE NO. 1\-,01' (- . 8r—I AN ORDINANCE ANNEXING CERTAIN HEREINAFTER - DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO -WIT: 9.939 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock, Texas is a duly constituted home -rule municipality and, as such, is authorized to unilaterally annex territory subject to the laws of the State of Texas and subject to its Charter; and WHEREAS, a determination has been made that the following described territory should be unilaterally annexed: a tract of land containing 9.939 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:\vdox\SCC1nts\0112\0905\MUNICIPAL\09514G11.DOC/tmc service plan that provided for the extension of full municipal services to the Property, and such service plan was duly prepared; and WHEREAS, the City complied with all statutory provisions requiring notice to property owners in the area proposed for annexation, to public entities providing services in the area proposed for annexation, to private entities providing services in the area proposed for annexation, to railroads with rights- of-way in the area proposed for annexation, and to each public school district in the area proposed for annexation; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the first of two statutorily - required public hearings by causing notice to be published in the Round Rock Leader newspaper on March 28, 2009; and WHEREAS, the City complied with all statutory provisions requiring newspaper publication of the second of two statutorily -required public hearings by causing notice to be published in the Round Rock Leader newspaper on April 11, 2009; and WHEREAS, the City complied with all statutory provisions requiring website posting of such first and second public hearings; and WHEREAS, the City Council of the City of Round Rock held the first public hearing concerning annexation of the Property, following lawful posting and publication, on April 9, 2009; and 2 WHEREAS, the City Council of the City of Round Rock held the second public hearing concerning annexation of the Property, following lawful posting and publication, on April 23, 2009; and WHEREAS,after considering the public testimony received at each such hearing, the City Council of the City of Round Rock determines that annexation of the Property is proper in all respects and that such action is in the best interests of the community and its citizens; and WHEREAS, the City Council of the City of Round Rock finds that each and every requirement of law concerning public and other procedural matters has been fully notices, hearings, 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 together with all adjacent roadways, be and brought within the corporate limits Rock, Texas, and same is hereby made an and that the boundary limits of the City "A„ and is hereby annexed of the City of Round integral part hereof; 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 lei" day of i-.-rrvv� 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2009. SARA L. WHITE, City Secretary Irl ALAN MCGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" EAST OLD SETTLERS BOULEVARD AT BRENDA LANE FRONTAGE TRACT DESCRIPTION BEING a 9.939 -acre tract of land, more or Tess, being out of and a portion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, and further described in Deeds recorded in Volume 1172 Page 540 and Volume 2569 Page 173, Official Records of Williamson County (ORWC), and Document No. 1999080027, Official Public Records of Williamson County (OPRWC), said Deeds being attached hereto as Exhibits B, C, and D, respectively, and said 9.939 -acre tract also being a portion of Lots 1, 2A, 29 and 30, of the Jackie Thomison Subdivision, a subdivision of record in Cabinet I Pages 94-96, OPRWC, attached hereto as Exhibit E; SAVE AND EXCEPT from said deed descriptions approximately 3.866 acres previously conveyed to the City of Round Rock as right-of-way in Document Numbers, 2001052821, 2001044951, and 2002000073, OPRWC, and annexed in Ordinance Numbers A -09-02-12-9B1 and A -09-02-12-9B2 said Ordinances recorded in Document Numbers 2009010405 and 2009010406, OPRWC, respectively, and attached hereto as Exhibits F and G, respectively; SAID 9.939 -acre tract also includes the northernmost 277 feet of Brenda Lane right-of-way, a roadway as depicted on said Jackie Thomison Subdivision; SAID 9.939 -acre tract also being identified on the accompanying sketch, attached hereto and made a part hereof. Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1-1-76. Revised to include grantee's address (art 6626, RCS) 1-1.82. m. 1112PAGE 540 WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS COUNTY OF WILLIAMSON 15149 KNOW ALL MEN BY THESE PRESENTS: That WE, JACRIE E. THOMISON and wife, BILLIE L. THOMISON of the County of Williamson and State of Texas for and in consideration of the sum of --------------------TEN AND NO/100-------_-- (ZI0.00)-------------------_-------- 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 Grantee of its one certain promissory note of even date herewith in the principal sue of $125,000.00 payable to Grantors herein, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees; 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 ----- —_–Marlin Lester--------------.. . _ Trustee. have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. of the County of Williamson and State of Texas , all of the following described real property in Williamson County, Texas, to -wit: OFFICIAL RECORDS WiLiamMt/0N COYN*T TEXAS 1 ; ! L,`.1 VFW 1172 PAR541 TRACT I: BEING 2.678 acres in the Willie Donaho Survey, A-173, in Williamson County, Texas, and being more particularly described by metes and bounds as Tract I in Exhibit "A" which is attached hereto and made a part hereof for all purposes. TRACT II: BEING 2.596 acres of the Willis Donaho Survey, A-173, in Williamson County, Texas, and being more particularly described by metes and bounds as Tract II in Exhibit "A" which is attached hereto and made a part hereof for all purposes. 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 , its successors baits and assigns forever; and we do hereby bind ourselves and our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors heist 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. This conveyance ie made expressly subject to all valid and subsisting easements, restrictions, rights-of-way, conditions, exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the above described premises. Seller retain the right to re -purchase Tract I described above in accordance with an unrecorded Right of First Refusal Agreement of even date herewith between Grantors and Grantees. EXECUTED this 26th day of 210 Mantes address of each grantee: Nan.:EVANGEL TEMPLE ASSEMBLY OF GOD Address: OF ROUND ROCK, INC. 1903 FM 1460 Round Rock. Texas 78664 STATE OF TEXAS ILLIAMSON COUNTY OF by } ril A.D. 19 85 KIR E.. dt1� ACKIE E. ILLI TKOMISON Name: Address: (Acknowledgment) This inurement was acknowledged before me oaths 26th day of April JACKIE E. TMOMISON and wife, BILLIE L: TNOMISON STATE OP TEXAS COUNTY OP by Notary Public, State of Teas Notary's name (print '` Notary's commission expires:. (Ackaewledgmect) a� to } This Instrument was acknowledged before me on the day of 19 85, , 19 •I' J FILED FOR RECORD 1172 PAGE 542 TRACT 1 EMIT "A" DESCRIPTION FOR JACK THOMISON Lot 29 BEING 2.678 acres of the Willie Donaho Survey, A-173 in Williamson County, Texas, part of a tract of 107,3 acres described in a deed to Jack Tbomieon of record in Vol. 596, Page 383, Deed Records of Williamson County, Texas. Surveyed on the ground In May of 1982, by W.Y. Forest, Registered Public Surveyor N0. 101. BEGINNING atan iron pin at the Northeast corner of a.2.596.acre tract, in the South line of. County. Road. 113 and. in .the' fenced North line of the 107,.3' acre tract. .The Northwest corner of the 107.3 acre tract, as fenced .beara N.89°30'. W 355.85.teet. THENCE S 89°30' E with the South line of County Road 113; at 3148.37 feet pass an iron pin found East of a pover pole and West of a telephone terminal pedestal, continuing in all 373:67 feet to the center of a 50 foot vide road easement. THENCE S 08°25' E 311.09 feet with the center of the easement. THENCE S 89°01'35" W passing an iron pin set on the West line of the easement, continuing in all 372..50.teet to set an Aron pin. THENCE N 08°23' W 320.75 feet to the POINT OF BEGINNING. TRACT 11 DESCRIPTION FOR JACK THOMISON Lot 30 BEING 2.596. acres of the Willis.Donabo Survey, A -1731n Williamson County, Texas, part of a tract -of 107.3. acres described in a .deed to Jack Thomison of record in Vol. 596, Page 383; Deed Records of Williamson County, Texas. Surveyed.on the ground in May of 1982, by W.F. Forest. Registered Public Surveyor No. 101. BEGINNING at an iron pin at the Northwest fence corner of the said 107.3 acre tract, in the South line of County Road 113.and in the East line of a private road. THENCE 8 89°30' E 355.85 feet to an iron pin. THENCE S 08°23' E 320.75 feet to set an iron pin. TR.ENCE S 89°01'35" W 3146.56 feet to $et.an iron pin. THENCE N 09°44'58" W 331.11 feet with the fenced West line of the 107.3 acre tract to the POINT OF BEGINNING. STATE OF TEXAS COUNTY OF WIELIAMSON I hereby certify tat this Instrument was FILED on the date and at the time stamped hereon by me; and was duty RECORDED. in the volume and Page of the named RECORDS 01 Williamson County. Tens, as stamped hereon by mon `Cd " ADR 3 01985 ' COUNTY CLERK WIWAMSON COUNTY. MICAS THE STATE OF TEXAS * * COUNTY OF WILLIAMSON * 35523 VOL 2569116E0173 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT WE, ANDREW SIDNEY ALLEN, III and wife, CONSTANCE B. ALLEN, of Travis County, Texas, for and in consideration of the' sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto BARBARA ALLEN, of 2712 Pegram Ave., Austin, Travis County, Texas 78757, all of our interest in the following land situated in the County of Williamson, State of Texas, more particularly described as follows: 3.018 acres of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all pertinent purposes. 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, her heirs, administrators, executors and assigns forever; and we do hereby bind ourselves, our heirs, administrators, executors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, her heirs, administrators, executors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to all of the reservations, covenants, conditions, restrictions and easements of record in the Deed or Plat Records of Williamson County, Texas, which are applicable to the property`' hereby conveyed. EXECUTED this \� .t'+' day of J\ ANDREW , 1994. j cG'P , SIDNEY ALL III i ,FJ a,� �lC� CONSTANCE B. ALLEN 41 4b THE STATE OF TEXAS * COUNTY OF TRAVIS * This ns rument was acknowledged before me on the \ Z day of1994, by ANDREW SIDNEY ALLEN, III and wife, CONSTANCE B. ALL K. B. BELLEROSE NV .7i :k, S'.ato o7 Tex34 It; Cm ii.:a:Egrw F.h t0.1 A7 OFFICIAL RECORDS WJWAMSON COUNTY. TFXAS EXHIBIT 256911,6E0174 ;}.JOIIB.TT"A" • DESCRIPTj91,:FOa,t zLAND)Di�'Tit0MIS0N ET. UX. BEING 3.018' Srea of n N3.d18in, the Willis Donaho Survey, Abstract No. to Leland D-; 1�Q`41Ly' Texes, part of a 6.01 acre tract 1ed' toeL4mi,son,-et,.,ux., of record in Vol conveyed ReePrd4'0t-Wi111'amson'County, Texas. 837, theee 96, in January of`1984,'Ty W.F., RegisteredPublic on No. 101. yForestground lie Surveyor BEGINNING at the Northwest corner of the said 6.01 acre Lract, in the South line of County Road 113 and in th foot wide easement for Brenda L ane, e center of a 50 THENCE S 89°30' E 25.3 feet, an iron pin found in t:,e E ' 01of the easement, and S 89°1.1' E 260.06 feet to set an iron pPin. East ne TITETHENCES 02 ° 511.11 feet to set an iron pin. TH NCEnE S189°38'10set lith a partially fenced line, at 201.70 feat n tfeetast lino of the 50 foot wide easement, continuing in all 226.94 THENCE N 08°25' W 521.79 feet with the center of the ease and the Weat line of the 6.01 acre tract to the POINT OF BEGINNING, meat v0'. 976 FgE 815 STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: I, W.F. FOREST, do hereby certify that the above described was surveyed on the ground under my supervision and description is true stract belief. and correct to the best that the above of my knowledge and this the 12th day of January, TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, 1984, A.D. 1L V.t �F,� f W F F.Si ' ' 1! _ 1 :---:..:.- , ['i REGISTERED PUBLIC 'SURVEYOR NO. FOREST a'4,. :01 -.t-.-' 101 ,'r .i/f.;.:.' STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrt!meat was FILED on the date and at the tun ItarnArd hereon by ma; and ens duly REECOROED, in Ike Volasra and Page of t:re named RECUT'S cf Witliar,on County, Texas, es stamped hereon by me, on FEB 1 7 1C'c4(atir:p /v.0h /r, ,/lbw!/COUNTY CLERK%'- WILLIAMSON COUNTY, TEXAS RECORDERS MEMORANDUM An or parrs of the tert on this page was aei clearly legible for satisfactory recordation. FILED FOR RECORD WILLIAMSON COUNT Y. IX. .199 JUL 18 AMU: 34 Ciau; A712U rmiNTY CLERK 9 o1.2569PAGE0175., STATE OF COUIITY OF WILLIMSOSI hi.feby certify that this instrument was FILED on the Cate anc at the time stzmpad hereon by me, an o ries duty RECORDED in the Volum and Pg e of the nanal RECORDS of ViiRiamson County. Texas, as stamped hereon by me. on JUL18941, -text) COUNTY CLERK WILLIAMSON COUNTY.TUAS triatorAliOte:it, .14-n rzr tut) Lt, Ty") v7:11,, ..:1:41 -a ILA C 1.1 .!•!i..,..1 • 19998( •27 4 re s CASH WARRANTY DEED Date: November 21, 1997 Grantor: Doran Taylor and Linda Taylor Grantor's Mailing Address (including county): 110 North IH 35 Suite 300-167 Round Rock, Texas 78681 Williamson County Grantee: Michael Scott Smith and Martha Turner Smith Grantee's Mailing Address (including County): 3435 Kiphen Road Round Rock, Texas 78664 Williamson County Consideration: TEN AND NO/100 DOLLARS and other good and valuable consideration. Property (including any improvements): SEE ATTACHED EXHIBIT "A" EXHIBIT Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property; taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound 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. „p„ 1 1 When the context requires, the plural. STATE OF TEXAS COUNTY OF TRAVIS singular nouns and pronouns include Doran Taylor ACKNOWLEDGMENTS This instrument was acknowledged before me on 1997, by Doran Taylor PAULA KAY BROWN MY COMPASSION CORES June 2, 1998 1 STATE OF TEXAS COUNTY OF TRAVIS a C (3691-ack.r Notary Public, Stkte of Texas This instrument was acknowledged before me on 1997, by Linda Taylor . r\ Notary Public, SI to of Texas PREPARED IN THE LAW OFFICE OF: Wally Tingley & Associates, P.C. 8235 Shoal Creek Blvd Austin, Texas 78757 AFTER RECORDING RETURN TO: RECORD AND RETURN TO COMMERCE LAND TITLE, IN 3500 JEFFERSON, SUITE 303 AUSTIN, TX 78731 Q5z� -i W llxjitingle & cia Shoa Cre B1 stin, ex 7877 aula ro a 823 C. Taylor EXHIBIT 'A" - LEGAL DESCRIPTION Being all of that tract or parcel of land lying and being in the Willis Donaho Survey, Abstract 173, located in Williamson County. Texas, said tract contains 3.00 acres of land, more or less and is a part of Lot 2A of the Jackie Thomison Subdivision, as recorded among the Plat Records of Williamson County in Cabinet 1, Slides 94-96, and is more particularly described by metes & bounds as follows: BEGINNING for the same at a 34 inch iron rod found on the South R.O.W. of County Road (C.R.) No. 113 at the division line of Lots 1 and 2A of said Jackie Thomison Subdivision. THENCE, leaving said Point of Beginning so fixed and with said R.O.W. South 88 degrees 43 minutes 35 seconds East, for a distance of 72.84 feet to a M inch iron rod found, THENCE, South 89 degrees 8 minutes 40 seconds, for a distance of 359.61 feet to a M inch iron rod found on the West side of a 50 foot private easement, THENCE, leaving said County Road and with said easement South 1 degree 57 minutes 0 seconds West for a distance of 304.98 feet to a X inch iron rod found, THENCE, crossing said original Lot 2A, South 89 degrees 37 minutes 20 seconds for a distance of 410.91 feet to a 34 inch iron rod found on the division line of Lots 1 and 2A of said Jackie Thomison Subdivision, THENCE, with said line, North 2 degrees 1 minute 25 seconds West for a distance of 314.70 feet to the Point of Beginning of herein described conveyance and contains 3.00 acres of land, more or less. Initial8: FILED ND RECORDED OFFICIAL PUBLIC RECORDS 11-30-1999 03:51 PM 199980027 STRICKLAND $15.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY' TEXAS WILLLIAMSON COUNTY CLERK OFFICIAL PUBLIC RECORDS DOCUMENT NUMBER 8/,05/6YJ7 _ WAS ASSIGNED TO A SUBDIVISION AND CAN BE FOUND IN THE PLAT RECORDS IN CABINET 1 SLIDE(S) �Y • EXHIBIT „E„ )'4-4\ 7- otomy 1 I I VARIANCE GRANTED TO ALTERt S LOTS 18 s 19 on. 8-10-92 Agenda !6 Commissioners Court Vol. 54, P 30 Reaq 113 C K;plr- 1.44 aes•••E ase.. 2-A I. d/4 .r 40/4.4 041 h t; 387. Ls" 1�. 514.03' '� Ar 4' J1..•19A<erNs E/ems P'Z::-3/4¢9 83. 3/' 319..E 422.79 >77. 74 • a t G •0 = DONAHO - • Sr] • 1<. '+ C4.101 .4.oir. 5'31.0 M. O 814/350-3ss \ W w IS. 350. 48"5. 34• 330.34 ^ 3..2W:;,.e,.a as1 • 5151 353 a UR. ^n� 347. 45' 4.4 /V 31'335"w �I f s h • 3 F n FINAL 60' 4. o. to JACKIE T HOMISON SU BDIVISION 5.1007 FILED FOR RECORD at../4.3D0'dock_ii-M ucc 2 3 1986 JAMES N. BOYDSTON fytou 3Nfu on Co. is 107.3 AC. OF THE WILLIS DONAHO SURVEY A• 173 .4ppr.oe4 19. sy 46e 14.3. 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Etse.e8013 h•vo or./ 419.-, ere /. .:. /2- - /7- /966 Do4e RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. W- F. Forest kel:sisre4 Orf/:c Sr Sver•r /0/ SHEET ONE L. et- / • JOCRIE TROMISua SUPDIVISIOP Surveyor'. Note. The imirn. nf this awn is to dedicate all existiog Night of Wiey of Deer,. :-oe. all exicting aod new Eight of ...ay lor Team, Leine. all existing Bight of Vey for EIm Cove. if . t th public. Thie plat fs oleo Intended to eattoff the 1e/el reeoieeeeots coecerning the filing or plate im coup". subdivietoo records as mandated by state law. PEN/METER DESCRI27,1 MEG /07.30.,., of the Plilis Dons. Survey, Abstract Po. 173. in Williamet, Couniy. Texas, the same tract velch is deocrited in • con ,,,,, ce to Jackie Thoeleon as recorded In Yo1.796, Pg. 383, D/R or Willikeson County, Texas. Th. property surveyed op the grauod 1m 1976. by W.O. Norf.*. Begistered Sura•yor 101. BEGIMEleG et the sontbreat dory., of tee esid 107.3 acre ect ..... yed to Thoeison. The Soutnrest corner of the V.1111. Donsho ..... steeds about Westerly 2500 feet, more or less. 1847;°.:::%09..37 "'." ""' 500811 010001010000.010008 10.. 0901,8.. 10.0 (0000t,I0.l11 3), 5 89'30 'l.O 302225..t 260.06 feet. THENCE continuing with the gouth 30,0 09 El.pheo Road, s 89. E 72.82 feet, and s 89.11. E 360.0 feet to tee Portheest corner of the 107.3 .09.00.01 TREECE vith the East line of the 107.3 acre treat. 001.57.30. m 798.800..t S 02°01' W 303.59.06 0200'0 302 17 feet. S 02.01. 12 3260,357,,,. S 02e01. W 957.42 feet, 7 02900.30. 0 350.0 feet, mod 6 02501. W 200.0 feet to the Southeamt corper of the 10).3 acre tract. TREECE with the reseed South Itoe of the 107.3 acre trect, N 89.1730. W 1043.73 feet to tee POINT OE BEGINNING. Prepared froa record elmts this the 29th day of July. 1986, A.D. 0.7. 0.0140ST R G &TER. PUBLIC SURVEYOR NO. 101 STATE OP TEXAS COUNTY of WILLIAMSOE I KNOW ALL NEE DI 'NEST PPESENTS: 'bet we. the undereigoed owners, of the lote pletted hereon, retch ere part of tee winis Survey, conveyed to the uodersigoed owners hy do ....... recorded in the Deed Record. of Williamson County, T ,,,,, do hereby accept tit], plat es oar sundiviefon of 'mod, sobIect to existing eeeeee nts and reetrictioo. which may be recorded in county record.. We do hereby dedicate to the public the stre • and eeeeee ots show. hereon. This eutille.loo 1. to be known es 560(7J:clic Thomison Subdivision.' Apdres 6. Allen. °veer Lot 1 1 go. 21 Bret. n0000 Rook) 8,8, 0750062 COUETY KNOW ALL PPP BY TEENY PAESERTE: Timt befor• tn. uodersigned `oo thl• ..> appeoratel Andrev 9. 11110o. known to me to be the y eeeee whose naee I. subscribed to the foregoing 3...truest,. aod he acknowledged to re that he executed the some for the purpose. and considerations therein expressed, aoiii AP the o.Pee tY there. stets, Give* under my heod and seel, tbis the 17', d f ktii.t_1986 D d EOTARY PUBLIC la aod for Williamson County. Team.. e,,,frm;!,..,, Leland Thom.... owner of Lot 2-1 (7,,, ro,e. pounp ppy,i end Lot 2,AI KNOW ALL PIP BY THESE PRESENTS: That before me. the undersigned authority. ao this day permonstly eppeared Thom... known to me to 1:.• sn• p•r•oo who•e name I. ..n.erIn•e to tn. forego.. io•troe•ot. sod he achnowledged to me that PP executed the same for the purposes and e ZP1•71','"I'AIrs;"o0f94=09011'60, A D. NOTARY PUBLIC. Io lied for Williamson County, eeeee COSPI,SPON.. e41)144t, Jae Nuckolls. owner Lot 3 leo. /9000,0. Lane, Round Rock) eth b. ...ills, owner Lot 4 (No. 19 Brenda Lere, sound Poch) KNOw ALL MEN If 'NESE PRESENT. That before me, the uodersigoed authority. on this day perecioally appeared Jam Pucka". act Beath B. Rockall.. known to me to le the persons who.. eeeee ere eut.cifted to the foregolog in.truserst. and tbey acknowledged to me that they executed the same for the purpo.e. sod considerations therein este eeeeee sod in the capacity Given under my hood and thi. the 9i4. day of ottea-, 1906 A.D. therein !stated. CAM, /Sf NOTAPY ruBL., 11. •Do for wm•oo.00 t•t••. tcf,46s 9-.17-21 e 62;,. Relph E. Reaeert. ormer of Lot 5 filo. 15 broti,,Ourod Noe.) Juyce A eeeeeee owner .0 0.8 10,- 05 114eCe., KNOW A, MEN BY 'NESE PRESTOS, That before me, .L.-...r..,i'f'der•ist4 eutlicrity, en tel. de, per.one,11 "peered fislph*?Altinpail.i.'46, Joyce ...siert, knowo to me to be the yereons whom. ' scribed to the foregoing instrument. aed they achn that they executed the same for the p eeeeeee arid [01201dtrk ..p ...... eod in the cape.", tbereio et,ttd. elven under my hand eni seal, this the _day ofk1147zzi9S6,A, ROTARY PUBLIC, ic end for Williamson Cnupty. ' ..t.e74Y 1100 CcONTI STATE OF TEXAS WILLIAMSON COME Jerry O. 0.11, ..... of Lots 6 and Tille. 13 Breada iry ei...isi,- 8t.01 Gleada Wall, ..... of Lots 6 mad 7 (11e. 13 Breeds gliOW ALL MEE BY TEE. PRESENTS: That before ne. tee unde,111..ela7,8: euttority on tel. de, ere000lly e peered Jeer D well 14,11U-. ' wall, ino;., to se to be'the p ... o .. %home ..... 'are aunacrite:t... be foregoing in.trumeot. and they eetnorledged to me that they executed the same for the purpoees sod ceoliigeretlom. thereto exp ..... d. and In / Giv the p odaacity my therein enstated. cer heed d .eal. 080. 60. &ed., of A.,' 1986. A.D. ROTA. PUBLIC. in add for 01111amitori , CovetTea::74:xro; ,,.::....c?.... 8. y.ey,ittesT.,./J, 0.aor N. Wall, 000010,09,171,8 (t! 110:e0l Lo 80011 0000) 1.,,,,e, ""- " "nalt.1 " )" 090M.1,41,1 STATE OF TEXAS pyLL,rapp copppy i 0000 000 MTN BY TNESE PRE... That before me, tbe00 uotte-41.4ALI.":1„:1 outnorit, oo tel • day p.r.o..117 bow !Pe!i:1: too... .oa ....oa•o•tfoo. therein ekip., eitiam4 , in tee capacity therein etated. Given uoder oy bend eod eeel, 0610 00, 511.9 of /1•Nre.576- FO82NT PUBLIC, 10 eod for Willismeon County. Tea.. 471:;:1:15-00 10. STATE OF TEXAS WILLIAMSON COUNTY ' ^4.< George T. raith. oviier of Lot 10 (1303 Dwyee. Suet.) KNOW ALL NEN Elf TEES, PEIBENTS! Teot before se. thpliiZSIPmed authority, on t him day 900.00011, ann ..... °aors./W.,..0.° . 0, to be the person whose name im subacrlhed to 009..t00010100- I,. mtromect, end be ecboorledged to tee that ge exesktlig tb. .....%qr the purposes end oonelderatioo. therein expressaniape In tege,. capacity therein e.t.d. Given ooder my hand and seal, this the 3-'77.54ay oV'''' %t POTANY PUBLIC. 10 .00 foe 4,011144.100 C0un07.4eAsi Dobert J. Arnold, ovner of Lots 11 mad 12 101 b....4y!.._:.;-le.:14 '..... ' !.S' STATE OF TEXAS PILLIONS. COUNTI • 1 y Pp red Bober . Arrogr.Op9, .612, 're subscribed to the foregoing fastrument. arid they schn!siedglilla .erIon L. Arnold. owners, loom.. to me to be the person. r *um' me that they executed the same for the purposes sod consideretions WC; rf")::idliplilaf.A.6, 6.0 Poi,. PUBLIC. lo and for W1111eoson County, Tes,ki...X1r0,;$4, Richard G. Powell. owner of Lots 18 4 19 (K14 Brirab Lb. !AO': r.i seri. Porell, ova., of Lot. 18 and as 1014 Beend.W.n KNOW ALL NIA THESE PRESEETS, Shot b ..... ye, the under:41;e, euthority, on thl. day per.onally enNeneed .. Powell .od Maris Powell. known to me to he the per.cioa who. ease. are sub- acrIbed to the foregolog 1nstrumeot end they acknowledged to me that they executed the same for the purpose. and coofilderstioos therelo expreesed. and to the capacity there. atafrad. Given under my ladd end 'eel. thie the iff'def o041_1906, A.D. A..09 008300 700010. to •oo fo+ coon,. ..... Eprp,Crs 0,10,0 7.000.00.0vne1 Lot 20 (Al2 Breed. La. 00/000 00/0.30..;.. Nary Jeeoeson. °roe, Lot 20 3012 Breed. Lo. a.m.) STA210 TEXAS 1 AEON ALL MEN BY TEESE ?SEEMS: 'hot before se, the ulOiaigne-d euthority. on thl• day per•onally app••red Leland lociirMon and Mari.. J,acTor, lino.. to me to be the person. recs. ..... . .. Ilea: , t"d""*;;.":: t* "?'"" and lo tee,„„peci„ therei: 47...".11tVii;'!"d NOTARY PUBLIC, la and for WIllimasoo Count,. Tex.. frolegr 7,.. 12. BUTE OF TEXAS WILLIAMSON COUNTY ' 13. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. JACYIS TVOMISON SUBDIV15100 STATE OF TFX•S COUNTY 02 ulLLIANSON DS MSS PRESENTS. That we, the uodersIgned owners, of the Iota platted hex hi. are part or the Villls Donehe rrrrr cocveyed to lbe undersIgned owne. by documents ......rded in the peed pee.. of Williamson County. T ..... do Perch, accept tole ylet our ...vision of la.. subject tc emlstiog easemert. &no sestrietio. which Eby be rerorded in county records., We do hereby ,Idteene ne ,he r.h.e .55 the etreets end easements.sho. Th...bdivision Is to he knout ha the 'Jackie Thoello. Subdivision.. 15. Betsy leineke, owner of Lot 23 .16 treads Lo. Round Sock Tx.) STATI OF TEXAS WILLIAMSON COUNTY / E.OW wls 4/ d.ESS PRESIdTS, That before me, tte undereigned authority, on th. de" persona,' appeared Betsy Be:neke, knowo tc me to be the person ',hose name :s su.crined to the foregoing lost.. !-111 ')/3 ment, And sbe acknowledged to me that ehe executed the sane for the Turposes and conolderot.. therein ex. eeeee d, and In the capacity th eee In stated. Civet under my hand and deal, this the .241e. of seCwer' l246. A... NOTARY NIBLif. In dr, rer %Pis...on County, Texas. Rick. Thom.., wooer of Lot 21 (020 drenda La. Round Rock) 9,7-11 STATE OF TrIAS WILLIAMSON COUNTY STATE OP TU. WILLIAMSOV CIMMITE KNOW ALL MO sY sines min.. That before me. the ...lamed •uthorlty, on tel• sippe•r•el dieki• Thoni son • lino. to ne to be the person whose name lo subscribed tc the foredoing ment, and be acknowledged to me that he executed the same for the purls.. and considerations thereio expressed, nod io the ...it. therein atated. .11e Givee under ay bend eed seei. this see oay L946. A.D. derMmtiSSfort/ IOTA., PUBLIC, in and for Williamson County, e J.S. Thooleoo oueer of Lot 21. (03201 alyhee Sued, no.. Reek) 1 [row ALL mry ey THZSZ 'ASSENTS: That berore ae. tee under...ea authority. on till • daY Per...11Y appe•red .7 . I . nozzle., /Inoue to ne to he the person who. nam• 1 • •uhscribed to tbe for ego I . In•t ruL IGH7i:::itg:hand and eeeee thin the 44day offaid- 1.6. A D q .4,,,,......e. k(j...4, NOTARY yunhic, lo .06 for Williamson ...pi, rea.e.feiff:,s7,,, epyieurs/....; 37. .734.e.C..Nichaey 'Pontoon, owner of Lots 21 .06 22 .3 gim Cove. Roo', Rock/ STAT. OF TFXAS WILLIAMS°. COUNTY I XBOW ALL WEN ap TRES. PRESENTS: Tees before ne, the undersidned Authority, on this, day per•onally •pp.red Michael Thomi•on, known to •e to be the p•r son rho. vase I • stub•cribed to the foregoing Instrument. •nd be • c knorledged to se th•t he executed the for the purpo se • and con•Ideratte. therein expr eeee 4, and In the c •psc I ty therein stated. t 0, Given under ny ono eeal, tele the or Arolu,it is65,a.p. eihelfyfiy,a, .otary Public. in and for Williamson County. Tex.. hoe., m. Roam °veer er Lot 25 /ft Xis Cove, Round Rock) .. ha.. ovner or Lot 25 (//e dim Cove, dound Pock) AilW .......... ,g 11,1;Se Bayard dynomf, ovuer of Lot 26 id/ Xim Cove. Round Rock) /1e4X/I-N.C.' /. WILLIAMMON COUNTY ZIAS I KNOW ALL MS, 32 TRUE PRESENTS: That h eeeee me. the undersigned Authority. .v tni. day per•ooall, •en••,... ..w.,. ,.,,, • ....^ '0)\4j to me to be the sermon rho. name Is suhscrited to the foredoing inatrument. and he acknowledged to me thet be executed the sane for the par... sad consideratloca therein expreseed, and in the capacity therele stated. ...en under my hand and seal. t61e the fey or/i/uriff, 1936. Notary Public. in ace for 21111ameon County, T .... : 'P. -47725.74i 20. Weldon W. Miller, owner of Lot 27 11 Tammy Lane dound Rood) XXOW ALL MEN BY THIS. P.M., That before me, the undersigned Authority, on this day personally appeared Robert M. Baser.. and Joanna B. B aaaaaa known to me to be the person. who. nem. are subscriled to the foregoing instrument, and they acknowledded to de the% they executed the same for the purpose. and condideratione there. expressed, •. In the c•p•city t het& n stated. Given under my hand and seal. this the _„5_,,_day of AefUSt1566. LrpnIt5.1.f,dei doter' roe., io end for Williamson County, Texas. WMEAK... 4.27.9f „ Judy Joao Miller, owner of Let 27 121?..., Lane Round Feet) STATX OF TEXAS g/ttyg.g. cougg" ENOS ALL MI. el TVESZ PASSER'S That eerere me. the ooderelaoue authority, 5hie SermonelLY ....red Weldon V and Judy Joao Miller. known to me to be the persons v.. Steen under my band end seal. thin the da, of 1286 .otary Public. lo and for W1111 ..... County. 2 -4 -X1 - Swans, Jr(Pr) Temple doe of ..nd dock, Ice., owner I . esident STATE 0, TSIAS wILLIANSON COUNT, Fraosel Temple ..... bly of Cod of llound Bock, Inc., ounte of tote SO enn 3C [1100 ALL MEd BE T.. P.FSEIFTS, That before me, the undersigned apthority. on this der personally avy ..... Jackie Thomason, .r. acd fin :tem.. hoo. to me to be per.. who. canes ere sub eerie. so see cores... losteuseet, ood elle, acknowledged to se that they executed the dame fcr the p.p.. end con. ..... Ions herein tap eeeee d end In the capacity herein steted. Given under my es. sod "al. 09.10. 231aay or 1956. eMenissrow/ doter' Public , in and for County. 'Roo..< 1-.2749 STATE OP TEXAS COUNTY07 0ILLIAMS0V i KNOW ALL MEd TRESS ERSSESTE: I, Don Vila.. ceuoty Joel, or Williamson Count", yea., hereby certify %het th. nor Od P1os. with yield nose. iteeeoo. heaies i.e.% folly Poe... for ...Uri... ePproval to the Co ..... loners/ Court O. WilLimneon Count.. ..... and hy the Court duly coneldered, were or thin day ...Wed aod the plat Is anthorixed to be regletered and refOrded In the proper record. of the County Clerk of Coun„. Texas. DON WILSON COUNTY JUDGE WILLIAMSON [OUST", TIXAS STATE OF TEXAS rime ALL MEN HY May PRES/ITS, COUNTY OP WILLIAMS°. I, JANES II. BOYDSTON, clerk of the County Court of said County. do hereby eert,r, thet the foreaoing recorded th. tea yey .D A.D. .t /1.'s-7) " 10 pl. Records or ea. Comet,' In cabinet X , Slides .../-e9Z To Germ, which. Vit.. my hand and eest at the County Court of adid Coucty, at my office In Georgetown, Texas. the date la. shown above written. '72'801'1 Cdrolgnrdner ,JA,SIMIVOST›,,C1.21I CCU.," C30R:117WILLIAMSON COUNTY. TEXAS •••:';;- RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 5,,S, ,W,,, 11111111111111111111111111111111111111111111111111111111111 ::',Gs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2009010405 1 EXHIBIT I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A-09-02-12-981 which annexes 0.51 acres of land, being East Old Settlers right-of-way immediately west of Brenda 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 12th day of February 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 17th day of February 2009. S?1714A/L--.. SARA L. WHITE, City Secretary ORDINANCE NO. A'0" 02' t Z' 9 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.51 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY - CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 0.51 acres out of the Willis Donaho Survey, Abstract No. 173, in Williamson County (the "Property") more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local Government Code have been complied with and hereby consider it appropriate to approve the annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: O:\NDOX\ORDINANC\09021201_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. II. That the City Council has heard the arguments for and against the annexation and has determined to approve the .annexation III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 2 VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become 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 A. conflict B. ordinance thereof. C. The City Council hereby written notice of the date, hour, meeting at which this Ordinance was X. All ordinances, parts of ordinances, or resolutions in herewith are expressly repealed. The invalidity of any section shall not invalidate other or provision of this sections or provisions finds and declares that place and subject of the adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance were discussed, and the subject matter hereof considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 2_ day of , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED day of , 2009. 4 on second reading this the ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary EXHIBIT "A" EXHIBIT „A„ EAST OLD SETTLERS BOULEVARD RIGHT-OF-WAY AT BRENDA LANE - WEST TRACT DESCRIPTION BEING a 0.51 -acre tract of land, more or less, being out of and a potion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, as conveyed to the City of Round Rock and further described in Special Warranty Deeds recorded in Document Numbers 2001048951 and 2001052821, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibit B and Exhibit C, respectively, and said tract also being identified on the accompanying sketch as Subject Tract 1, attached hereto and made a part hereof. k', Ffta17 °f J Ciriezpitari ! - o('t3- 0000 -oO SPECIAL WARRANTY DEED County Road 113 Right -of -Way N THE STATE OF TEXAS S a § COUNTY OF WILLIAMSON § I Q' CO 0 ri 0 0 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 ISN BY THESE PRESENTS: That, MARVIN R. CRESSMAN and wife, KATHRYN A. CRESSMAb1 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: 0.094 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described by metes and bounds, in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners 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 00003322.WPD 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 28 day of , 2001. MARVIN R. CRESSMAN Qs 511.444,40,� KATHRYN A. CRESSMAN Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the a 8 , day , 2001 by MARVIN R. CRESSMAN. of -"1/"1 £.. State of Texas County of Williamson Notary Public, State of Texas Acknowledgment This instrument was acknowledged before me on this the of t/IJ L , 2001 by KATHRYN A. CRESSMAN. Notary Public, State of Texas 00005322.WPD 2 2� ► day PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas AFTER RECORDING RETURN 0: Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005322.WPD 3 EXHIBIT FIELD NOTE DESCRIPTION: A 0.094 ACRE TRACT BEING A TRACT OF PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO MARVIN CRESSMAN, ET UX, IN A DEED RECORDED IN VOLUME 892, PAGE 544 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a an iron rod found in the south right-of-way line of County Road 113, (mown locally as Kipben Road, for tbe northwest corner of Jackie Thomison Subdivision, a subdivision recorded in Cabinet 1, Slide 94, of the Plat Records of Williamson County, Texas, same being the northwest caner of that certain tract of land said to contain 2.596 acres, conveyed to Evangel Temple Assembly of God, from Jackie E. Thomison and wife Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas, same being the northeast caner of said Marvin Cressman, et let, tract, for the northeast corner and POINT OP BEGINNING of the herein described tract; THENCE South 09°19'41 "East, with the west line of said Jackie Thomison Subdivision, same being the west line of said Evangel Temple Assembly of God tract, with the cast line of said Marvin Creasman tract, a distance of 30.84 feet to a calculated point in the arc of a curve for tbe southeast corner of this tract; THENCE departing said west line of Jackie Thomison Subdivision, the west lino of said Evangel Temple Assembly of God tract, through said Marvin Crewman tract the following two (2) courses: 1. Along the arc of said curve to the left a distance of 208.70 feet, having a radius of 950.00' feet, a central angle of 12°35'12", a chord which bean South 77°59'14" West, a chord distance of 208.28 feet to a calculated point for an angle corner of this track; 2. South 71 °41'38" West, a distance of 448.31 feet to a calculated point in the north line of said Marvin Creasman tract, same being a point in the south line of said County Road 113, for the west corner of this trach THENCE North 71°01'54" East, with the north Tine of said Marvin Creasman tract the south line of said County Road 113, a distance of 660.18 feet, to the POINT OF BEGINNING. Containing 0.094 acres of land more or less. Rq4cga, Randall S. Jones Registered Professio State of Texas RJ Surveying Inc. 1212 E. Braker Lane �- VI//b1 Date Surveyor No. 4391' NO 5= O£ 101 tib 3011S '1 13N18VO • NOsum asnS NOS 810H1 3» vc t_t ACCOMPANY 0 1— rY^ 1 G�7 0 Z J H a {JH 1 N_ O cc - V I!I 3Nrl 0330 .40 z z >- w a z 00} z z m 1 ' - - - 6 u v� a 1 • �^+ =\O • FILED AND REil'DED OFFICIAL PUBLIC RECORDS 07-09-2001 01:30 PM 2001048951 ANDERSON $19.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Parcel: 123 O'2-117-6 °(e 6P t 1 d o LO F d/ -110 1[2 - SPECIAL [ v SPECIAL WARRANTY DERD cit County Road 113 Right -of -Way i1 THE STATE OF TEXAS 5 C. S COUNTY OF WILLIAMSON $ ri Cid 00 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such Cq 1.0 other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of ra the proposed County Road 113 ("Project"); and, - O Cl WHEREAS, the purchase of the hereinafter -described premises has been deemed N necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: f EXHIBIT 1 That, EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: TRACT I: BEING 0.212 acres of land, more or less, out of Lot 29, of "JACKIE THOMISON SUBDIVISION", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. TRACT II: BEING 0.204 acres of land, more or less, out of Lot 30, of "JACKIE THOMISON SUBDIVISION", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, and being more particularly described by metes and bounds 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. 00005322.WPD 1 RESERVATIONS PROM 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. 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 L day of July, 2001. EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. By ,-,r: 111 1204›0 C --G Name : _may fl Amy moX 1S [, L. 4,407W/ Title : 50. ikimnrr t rl / rS. f S?C,e E7,A%1Q y Address: Acknowledgments State of Texas County of Williamson ,,/ This instrument was acknowledged before me on July IL. 2001 by (r irtS LCCtc{3fL7.+ t. f EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC a t tjyil�p 11 co :. �3 'on, on bAhalf of said corporation. I, -ry Public, State of Texas 00005322. WPD 2 RECORDERS MEMORANDUM All or pasts of the text oil Ibis page was nor clearly legible for satisfactory recordation. COUNTY of TEXAS L"A''" ek S &Ai, Before me, , on this day personally appeared Known to me(or proved to me on the oath or through "7—DL ) to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of July 11,2001 ( My commission expires: PREPARED IN THE OFF/CE OP: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Old Settler's Blvd. Suite 100 Round Rock, Texas 78664 00005322_WPD W14;0' " . FIELD NOTE DESCRIPTION: A 0.212 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILL.IAMSON COUNTY, TEXAS, AND BEING OUT OF AND APART OF THE W3LLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT =MN TRACT OF LAND SAID TO CONTAIN 2.678 ACRES, DESCRIBED AS TRACT I, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM 7ACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DES) RECORDS OF WILL IAMSON COUNTY, TEXAS, AND BEING OUT OF TEE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right-of-way of County Road 113, known locally as Xiphen Road, the wrest right-of-way line of Brenda Lane, for the northeast coma of said 2.678 awe tract, and for the northeast coma and POINT --OF BEGINNING of the herein described tract; THENCE South 08.00'33" East, with the west right-of-way of said Ereoda Lane, the east lint of said Tract I, a distance of 26.03 feet to a calculated point, for the southeast corner of this tract; • THENCE departing the wart right-of-way of said Brenda Lane, the east tine of said Tract 1, North 88°37'12" Wed, crowing said Tract I, a distance of 348.71 feet to a eakulattd point in the went line of said Tract I, the east line of that certain tract of land said to contain 2.596 acres, described as Tract II, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thoreieon and wife, Billie L Thotnhson in a deed recorded in Volume 1172, Page 540 of tha Deed Records of Williamson Coterty, Terms and being out of said Jackie Tbomieon Subdivision, THENCE North 07.'59'28" West, with the west line of said Tract I, the east line of 'laid Tract II, e distance of 25.70 feet to a calculated point in the south right-of-way line of said County Road 113, for the northeast carver of said Tract II, the northwest coma of said Tract I, and for the northwest corner of this tract; THENCE South 88°59'50" East, with the south right-of-way line of said County Road 113, the north line of said Tract L a distance of 348.33 feat to the POINT OF B$G1NNJNG. Containing 0.212 acres off land mote or less. RSM S Randall S. Jones Date Registered Profession and Surveyor No. 439] State of Texas RI Surveying Inc. 1212 E, Braker Lane Austin Testas 78753 S:llsfd?rejects 3216514docs\PI D N07E DESC. $VAN(1.'I>livlPLE Tl.doc 1ievisad m Fsbcuarr 19, 2001 ?ago 1of1 170/170®1 7 SIMS TIONNVD.DA 14110119 VA 9100 112.1. TOO1/T2/9e iio).0Zo CON_ 1 N 0��31SA�f�i zo$oo� eP24OZ mA 42.9>,1g" z-MIRA<r�I+zonE�i AX mm --1y 0„1- y 0 A E o A D ref0m(r1zS 90 <00 zq��L�1nD � A ZDAAtDt2 m1 13 O D m A 3Ro. C in -1CC mpz C�n --1 •� 0 a, P n r $ o • rmy omx tm— zx„D Z oNroQ • m .L y m 1 CA c m z n m 12 9 m a DF Uit, -{4N 4. � -1.n r�Qi $Agt 4A S O m p 64 p S►'oZt • �4y 2 -< cseort) 2 (,oc'Ltc) ,zi <rc 0 $ Z Rr to cll. I of ro or, P v xo Oe. sG X 3c P. CD NO 44 .11 CY LIE 0'1K 3tril yp�Zl8 M.M.LG99N U NuN 0 N o 0 z 0 Vj vm .m 4 O N n O 0 Q -400 y zm om z AzE Ln4/1 z 9 fl U ” i 0 n ooEE . 9 to 1 2z go ZZ 1 b ? c ro o E °-Ig o 1 mom r 1O $ n N b H � mo t7 q pyjO •r�i > 0 'el, 142 4F WO t. e fon pi y �4, s( p F 0 ' . qt. z 1• 4 a�- :S310N 0-131J AM/di/1000V 01 zlo/ZToI o 5132115 lloa vom, NEON IVd Otte* AB1 Toozi1zioa FIELD NOTE DESCRIPTION: A 0.204 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING ()UT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.596 ACRES, DESCRIBED AS TRACT It; AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY..OF .S4OD.OE ROUND. ROCK, 1NC_FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE IACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculatfd point in the south right-of-way of County Road 113, known locally as Kiphen Road, for the northeast corner of said 2.596 acre tract, for the northwest corner of that certain tract of land said to contain 2.678 acres, described as Tract I, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records ofWilliamson County, Texas and being out of said Jackie Thomison Subdivision, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 07°59'28" East, with the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, a distance of 25.70 feet to a calculated point for the southeast corner of this tract; THENCE departing the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, through said 2.596 acre tract, the following two (2) courses: 1. North 88'3712" West, a distance of 236.84 feet to a calculated point at the beginning of a curve to the left, for an angle corner of this tract; 2. Along the arc of said curve to the left a distance of 117.71 feet, having a radius of 950.00 feet, a central angle of 07°05'57", a chord which bears South 87°49'49" West, a chord distance of 117,64 feet, to a calculated point in the west line of said 2.596 acre tract, same being a point in the east line of that certain tract of land conveyed to Marvin Creasman, et ux, in a deed recorded in Volume 892, Page 544 of the Deed Records of Williamson County, Texas, for the southwest corner of this tract; THENCE North 09°19'41" West, with the west line of said 2.596 acre tract, the east line of said Marvin Creasman tract, a distance of 30.84 feet, to an iron rod found in the south right-of-way of said County Road 113, for the northwest corner of said 2.596 acre tract, the northeast corner of said Marvin Creasman tract, and for the northwest corner of this tract; THENCE South 88°59'50" East, a distance of 355.80 feet, to the POINT OF BEGINNING. Containing 0.204 acres of land more or less. af-da X S - 2 /-1,/0) Randall S. Jones Date Registered Profession d Surveyor No. 4391 State of Texas RJ Surveying Inc). 1212 E. Braker Lane Austin Texas 78753 S:liandProjects R216$81doeetnELDNOTE DESC. EVANGEL TPMPtE.doc Revised on Fcbcnary 19, 200] Page 1et1 > o > m oomm iA7C )N (n_`n> 0 z$vnm-4v4. CA VI Z... Zm000 cn m Z ...�-n •0>'1 .. .. 0000 0sz2z 0002 m >0 ZZ- e>0._, zx m --'i Am((oz0OD CpoNm2 OOziOpN zmm10tr) M.. mC> nz� y23m w�cnhi>ffi-- o�iomi; r ul `co m-nizz .p r_o n m- O>0-<Uf�C rm-- z 1 > m mo�z -o n000 ��omOm> > usz 2. (A mz0Oi40. o mmzzD1 .il ON -0Q to °� m CD G z cn v V u O Oi mm J - 0 0 N 0 rm- o>g p=0 O 0 yNy co m 21.7( �=,5L•o`zsr,5rois V9C; 0 ,49'9Cl M.lI,LC.99N 0 0-I O 0 p O 0' o(o N R1 om _ 02 - ▪ 0m O r• irs O n oo b 0-0 u U 01 0 U U D 0 A V 2 0 to O 0 O (n [n (o o; 0 0 rn 2 0 0 N CO V GO GO m O m 0 9 0 D 2 A r- 73 I>X•^XX O It o u "v'nv C n v.o o a 2* gz** ;Eo0EE 711 o m s 0 `n "-I xi (4 V! z Cr z z v -a O Z D 200..100 iz ZZZ m Q -` 0 M 00 0 o ▪ m .'3 Al 0 3 o :n N 2 (11 `',9<be Bao m N W I ,v ,, x W NI 9Y m I 4 n ID LA*Li-- -- _N— Cl0 ► 5 yl v,malls f o, I m m z O G13ld ,k Nd d W000b' 0 L/? ELED AND RECCRDED OFFICIAL PUBLIC RECORDS 07-23-200'02:05 RM 2001052821 JACKIE $25.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009010405 02/18/2009 02:21 PM CMCNEELY $100.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS z z 1 �_ Iltc Sf r ` '' N `1 ,CJ 1 d / '/ i, :_/ 1 .410 WIN mi r Awr 0 4 I _ Rockin J Rd w �, -a rnO w itot Brenda Ln ` A. 1• IIIIIIIIIIIIIIIIIIIIAIIIAIIIAIIII11IIIAIIIAIIIINII ::',Gs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2009010406 EXHIBIT I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -09-02-12-9B2 which annexes 1.345 acres of land, being East Old Settlers right-of-way immediately east of Brenda 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 12th day of February 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 17th day of February 2009. F94/1,(11, SARA L. WHITE, City Secretary ORDINANCE NO. A- D /'O2' I Z- 9 ft AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.345 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.021, Local Government Code, the City may extend its boundaries and annex area adjacent to it, and WHEREAS, the City is the owner of a tract of land containing 1.345 acres out of the Willis Donaho Survey, Abstract No. 173, in Williamson County (the "Property") more fully described in Exhibit "A", and WHEREAS, the City Council has determined that all requirements of Chapter 43, Local complied with and hereby consider annexation, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Government Code have been it appropriate to approve the 0:\WDOX\ORDINANC\090212B2.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 III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. 2 VI. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VII. That this Ordinance shall become effective after its passage. VIII. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. 3 X. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 12.1 day of , 2009. Alternative 2. READ and APPROVED on first reading this the day of , 2009. READ, APPROVED and ADOPTED on second reading this the day of , 2009. 4 ATTEST: L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 5 EXHIBIT "A" EAST OLD SETTLERS BOULEVARD RIGHT-OF-WAY AT BRENDA LANE - EAST TRACT DESCRIPTION BEING a 1.345 -acre tract of land, more or less, being out of and a potion of the Willis Donaho Survey, Abstract No. 173, in Williamson County, T-exas.,-as. conveyed to the City of Round Rock and further described in Special Warranty Deeds recorded in Document Numbers 2001044951, 200206-0073, 2001084406, 2001087852, 2006069414, Official Public Records of Williamson County, said Deeds being attached hereto as Exhibits B, C, D, E and F, respectively, and said tract also being identified on the accompanying sketch as Subject Tract 2, attached hereto and made a part hereof. f'(G 006ar7015 o Zk.. 01,04 (co -9 5-c000- De01 SPECIAL WARRANTY DEED County Road 113 Right -of -Way THE STATE OF TEXAS § a § COUNTY OF WILLIAMSON § 2t5 EXHIBIT B„ rI WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such Qt other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of Othe proposed County Road 113 ("Project"); and, ri WHEREAS,. the..purchase. of..the. hereinafter -described premises has been deemed O necessary or convenient for the construction, expansion, enlargement, C) extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN HY THESE PRESENTS: That, ANDREW SIDNEY ALLEN, III, a single man, 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: 0.174 acres of land, more or less, out of Lot One (1) of JACKIE THOMISON SUBDIVISION, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, being more particularly described by metes and bounds, in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners 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 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- WHEREOF, this inst-r-umen-t—is executed on this -the- ay of-- , f-- 2001. State of Texas County of Williamson This instrument of ANDREW SIDNEY ALLEN, III Acknowledgment was acknowledged before me , 2001 b4 ANDREW SIDNEY PREPARED Iiv on this the 20`4, day E I I. Notary Public, Sta of Texas TIAL O'il(:2S 6F:` Sheets & 309 East Crossfield, P.C. Main Round Rock, Texas AFTER RECORDING RETURN TO: Austin Title Company O101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 00005321 WPD 2 a17oti5-E FIELD NOTE DESCRIPTION: A 0.174 ACRE TRACT BEING A TRACT OF PARCEL OP LAND SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF THE WILLIS DONABO SURVEY, ABSTRACT NO. 173, AND A PART OF IRE JACK{ THOMLSON SUBDIVISON A SUBDIVISION RECORDED IN CABINET I, SLIDE 94'OF THE PLAT RECORDS OF WILLIAMSON COUNTY,. TEXAS, AND BEING our 'OP THAT CERTAIN TRACT OP LAND CONVEYED TO ANDREW SIDNEY ALIEN III, FROM BARBARA ALLEN, IN A DEED RECORDED IN VOLUME 2689, PAGE 316, OF T1:D3 DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED MY MFIES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found fors point in the south right-of-way of County Road 113 same being the northeast corner of said Andrew Sidney Allem III tract, the northwest corner of that cocain tract of land conveyed to Doran Taylor, et al, in Document No. 9656915, ofthe Deed R,eoorda of Williamson County, Texas, for the northeast oatner and _ POINT OFBEGINNI 1TG.ofbeltoam desm'bed trach THENCE South 01°34'52' But, with the east lino of said Andrew Sidney Allen ID tract, the went line of uid Doran Taylor tract, a distance of 29.74 feet to a calculated point for tbo southeast comer of this tract; THENCE departing said east line of Andrew Sidney Allen ID tract, the west line of said Doran Taylor tract, North 88°3722" West, though said Andrew Sidney Allen III tract, a distance of 256.76 fees to a calculated point in the east right-of-way of Brenta Lane same being a point in the went line of said Andrew Sidney Aileen 11I tract, for the southwest comet of this trac 4 THENCE North 07°58'21" West, with the west lino of said Andrew Sidney Allen III tract, the east right-of-way line of said Brenda Lane, a distance of 29.38 foot to an iron rod found ata point in the south tight -of -way lino of said County Road 113, same being a t � in the north line of said Andrew Sidney Allen III tract, for the northwest comer of tract; THENCE South 88°46'30" East, with said south right-of-way and with the said north line of Andrew Sidney Allen III tract, a distance of 260.00 feet, to the POINT OF BEGINNING. Containing 0.174 acres of land more or less. �Q^t2CXX�bra°. 4 2 2/D1 Rua! S. Jona bate Registered Profcaai Land Surveyor No. 4391 Stats of Texan BJ Surveying Ina. 1212 E. Braker Lane Austin Texas 78753 S:ILmd Projects R2\6511rbaW1ELD NOTE DESC. ALLEN M.doc Revised: February 19, 2001 Page 1ofI EXHIBIT $ Eqoo a It>2: eica A 1' g2p lakoP -Z tia3 >p,2f Rmoa riln V; V A 1 rnDz P., §,-)t1 ;4 yC� cc z G) n 111 awl varve' E iS rf 0 0 0 0 W O O pQ z z P2 ai31J kNVd1000`d 01 H013>iS z 0 go. a 1,o rFII EQg EE 3'g F rn cmi g FILED AND REIRDED OFFICIAL PUBLIC RECORDS 06-25-200r 02:19 PM 2001044951 ANDERSON $17.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS of Pit z4 io D 'brn CAA -10 mnort-ack, SPECIAL WARRANTY DEED County Road 113 Right -of -Way • THE STATE OF TEXAS § 0. § COUNTY OF WILLIAMSON § N 0 0 0 • WHEREAS, the purchase of the hereinafter -described premises has been deemed O necessary or convenient for the construction, expansion, enlargement, O extension, improvement, or operation of the Project; 2(S(So WHEREAS, the City of Round Rock, Texas is authorized to purchase Lad and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, CV NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, MICHAEL SCOTT SMITH and wife, MARTHA TURNER SMITH, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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 parols of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: BEING 0.294 acre of land, more or less, out of Lot 2-A, "JACKIE THOMISON SUBDIVISION", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94-96, Plat Records, Williamson County, Texas, being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 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 ri 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. wORLAO7/CoWVfR,WK'1u33CONDS unwro»1s. 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. IN WITNESS WHEREOF, this instrument is executed on this- the ai day - of - -- 12ECP E2 , 2001. —` State of Texas County of Williamson 6.44e0.1 114484.2_ MICHAEL SCOTT SMITH a TURNER Acknowledgment § This instrument was acknowledged before me on this the Z/ , day of ??E'C£rni f -A- , 2001 by MICHAEL SCOTT SMITH and wife, MARTHA TURNER SMITH. Notary Public, State of Texas PREPARED IN THE OFFICE OP: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Settlers Blvd. Suite 100 Round Rock, Texas 78664 WOR1.noXiCORN ww CRIDCOMD MJnwonnw 2. 9/ 70gV FIELD NOTE DESCRIPTION FOR A 0.294 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO DORAN TAYLOR. XS AL, IN DOCUMENT NO. 9656915 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found for a point in the south right -of --line of County Road 113, known locally as Riphen Road, for the northeast corner of said Jackie Thomison Subdivision, same being the northeast corner of said Doran Taylor tract, for the northwest comer of a 50 foot wide Private Access Easement conveyed to Oscar M. Wall from William L. Meier, Jr. in a deed recorded in Volume 2064, Page 57 of the Deed Records ofWilliamson County, Texas, for the northeast corner and POINT v( BEtT1F41 JNG for the herein described tract; THENCE South 02°24'07" West with the west lint of said Private Access Easement, the cast line of said Jackie Thomison Subdivision same being the east line of said Doran Taylor tract, a distance of 29.70 feet to a calculated point, for the southeast comer of this tract; THENCE North 88°37'12" West departing the west line of said Private Access Easement, though said Jackie Thomison Subdivision, though said Doran Taylor tract, a distance of 430.41 feet to a calculated point in the west line of said Doran Taylor tract, same being a point in the east line of that certain tract of land conveyed to Andrew Sidney Allen 111, in a deed recorded in Volume 2689, Page 316 of the Official Records of Williamson County, Texas, for the southwest corner of this tract; THENCE North 01°34'52" West through said Jackie Thomison Subdivision, with the west line of said Doran Taylor tract, the east line of said Andrew Sidney Allen ID tract, a distance of 29.74 feet to an iron rod found at a point in the south right-of-way of said County Road 113, same being a point in the north line of said Jacdde Thomison subdivision, for the northwest corner of said Doran Taylor tract, for the northeast corner of said Andrew Sidney Allen III tract and for the northwest corner of this tract; THENCE with the said south right-of-way line of County Road 113, the north line of said Doran Taylor tract, same being the north line of said Jackie Thomison Subdivision, South 88°37'13" East, a distance of 432.47 fed to the POINT OF BEGINNING. Containing 0.294 acres of land more or less. 41*J S e,.ak. 2122./01 Randall S. Jones Date Registered Professi Land Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin, Texas 78753 FILED r*W RECOUP OFFICIAL PUBLIC RECORDS �JtSor+c .jr<11VO 01-02-200208:38 AN 2002000073 ANDERSON $13.00 NANCY E. RISTER ,COUNTY CLERK WILLIAtiS0N COUNTY, TEXAS S:1L.andProjeclts R2\6581docA1IELD NOTE D. TAYIQRdoc Revised February 19, 2001 Page 1 of 1 N • THE STATE OF TEXAS 5 5 COUNTY OF WILLIAMSON 5 02? 1212- Eft!, ?Al c» -+C3 CL,4m oto -0(1 .c DL47t SPECIAL WARRANTY DEED County Road 113 Right -of -Way 0 0 • __ _WHEREAS, the purchase of the hereinafter -described premises has been deemed_ O necessary or convenient for the construction, expansion, enlargement, O extension, improvement, or operation of the Project; N EXHIBIT „p„ WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project"); and, NOW, THEREFORE-, KNOW ALL MEN BY TERSE PRESENTS: That, SADIE M. WALL, GLEN ALAN WALL, STEVEN WAYNE WALL and BRIAN DOUGLAS WALL, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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 ofRound 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 0.034 acres, more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A", attached hereto and incorporated herein. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners A any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns wou.noXucoawrxAnvcw iscoauiwAuswonwom..o, 1. forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. I WITNESS WHEREOF, this instrument is executed on this the day of LtyriOte , 2001. WOALDONCOWIMAJVCIUMONDAWALLSADILM0014 01 G� S E M. WALL GLEN ALAN WALL ST s WAYNE WALL 1664 <,./4? BRIAN DOUGLAS WALL 2. Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the 04' , day , 2001 by SADIE M. WALL. SUSAN PATTERSON MY COAVdSSION EXPIRES Febnmry 1, 2004 State of Texas County of Williamson This instrument was of OG7014612- S County of Williamson Thi nsttrument of 42 I. Jur. Notary Public, State of Texas Acknowledgment acknowledged before me on this the 3_, day 2001 by GLEN ALAN WALL. Altp4,01 Notary Public, State of Texas Acknowledgment was acknowledged before me on this the 31 S�, day , 2001 by STEVEN WAYNE WALL. State of Texas County of Williamson This instrument was of OG7DO$g- O Notary Public, State of Texas Acknowledgment acknowledged before me on this the 3/ , day 2001 by BRIAN DOUGLAS WALL. Notary Public, State of Texas RECORDERS MEMORANDUM 3. All or parts of the tat on this patgt was not e2rIy legsisk for satisfactory recordation. 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 woY3AOVCORW IMIcw])Coxunv.LLisAuffJew14601 4. f,►- a17oya-8 FIELD NOTE DESCRIPTION: A 0.034 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO OSCAR M WALL, FROM WILLIAM L. MEIER, JR, IN A DEED RECORDED IN VOLUME 2064, PAGE 57 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right-of-way line of County Road 113, know locally as Riphen Road, for the northeast corner of that certain 50 foot wide Private Access Easement of said Oscar M. Wall tract, the northwest corner of that certain tract of land conveyed to Juanita Meier, recorded in Volume 908, Page 700 of the Deed Records of Williamson County, Texas, and for the northeast Domer and POINT OF BEGINNING of the herein described tract; THENCE South 02°27'07" West, with the east line of said 50 foot wide Private Access Easement, the west line of said Juanita Meier tract, a distance of 29.75 feet, to a calculated point, for the southeast corner of this tract; THENCE departing the east line of said 50 foot wide Private Access Easement, the west Inci- of said Juanita Meier tract, North 88°3T12" West, crossing said 50 foot wide private trees casement, a distance of 49.97 feet to a calculated point in the west line of said 50 foo: ,:; is private access easement, the east line of Jackie Thomisan Subdivision, a subdivision recorded in Cabinet I, Slide 94, of the Plat Records of Williamson County, Tc•:a , same being a point in the west line of Lot 2-A of said subdivision, said Lot 2-A being that certain tract of land conveyed to Doran Taylor, et al, in Document No. 9656915 of the Official Records of Williamson County, Texas, for the southwest comer of this tract; TTD'NCE North 02°24'07" East, with the east line of said Doran Taylor et al, tract, the easi ! ire of said Jackie Thomison subdivision, the west lime of said Oscar M. Wall tract, a dist-1:1c: of 29.70 feet to an iron rod found in the south right-of-way of said County Road 113. Eq- the northwest corner of said 50 foot wide private access easement, the northeast comer of said Jackie Thomison subdivision, the northeast corner of said Doran Taylor, et al, uaa, and for the northwest corner of this tract; THENCE South 88°40'33" East, with the south right-of-way line of said County Road 113, the north line of said 50 foot wide private access easement, a distance of 50.00 feet, to TINT OF BEGINNING. C:.:icing 0.034 acres of land more or less. FC1''• (.0 S &WA- 2 L o Randall S. Jones Date Profess al Land Surveyor No. 4391 Stair of Texas RJ Surveying Inc. 1212 E. Braker Lane ALslin,Teras 78753 S:U.., ::1 f, uj cts E2\6531docslWIELD NOTE DESCRIPTION Wali.doc Rt, -:. F ;unary 19, 200] Parc 1 of 1 to 1i� W (N0232'50'E PLAT UNE Z Co PRIVATE ACCESS EASEMENT c' J (SO21T3'40'W) DEED UNE z N N bpj V r R.0 -( O O A rn r+ c_ a 0 to N N RECORDERS MEMORANDUM 1 M a pato of the tea on this pale was not dearly kgb1c 6m =jimmy y recordation. i SOa0032:1 1VI3Ud0 4.1 r m M 0 Cad ANVd1^1000`d 0 rn FILED AND RiCERDED OFFICIAL PUBLIC RECORDS 11-15-12:35 PN 2001084406 ANDERSON $21.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS 02 Ac u -1c(44-/4 C SPECIAL WARRANTY DEED County Road 113 THE STATE OF TEXAS S 5 COUNTY OF WILLIAMSON 5 EXHIBIT E„ N 10 WHEREAS, the City of Round Rock, Texas is authorized to purchase lad and such E3 other property rights deemed necessary or convenient for the construction, N expansion, enlargement, extension, improvement, or operation of a portion of CO the proposed County Road 113 ("Project"); and, 0 H WHEREAS, the purchase of the hereinafter -described premises has been deemed 0 necessary or convenient for the construction, expansion, enlargement, O extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, CHAMPION-MEIER ASSETS, LTD., a Texas limited partnership and ALMA JUANITA CHAMPION MEIER, as Trustee of THE CHAMPION-MEIER MANAGEMENT TRUST, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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 whch 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 RoundRock, 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: 0.753 acres, more or less, out of the WILLIS DONARO SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and being more particularly described in Exhibit "A" 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 u any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in 00015868. WPD 1 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 in day of NoVEznAU 4 , 2001. CHAMPION-MEIER ASSETS, LTD., a Texas limited partnership By: Printed ame: A/ma JK4n4: ta. Cg4m p,,.. M eI e/ - Title: 7`r,37'aC, ALMA JUANITA CHAMPION MEIER, as Trustee of THE CHAMPION-MEIER MANAGEMENT TRUST Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the al , day of .NoVSnliSER , 2001 by A`m i 7'vq.v�T�f cBitml1SA mL 1Lit . TgositE of CHAMPION-MEIER ASSETS, LTD., a Texas limited partnership, on behalf of said partnership. -' SUSANPATiERSON 1MY COIMSSION EXPIRES February 1,2004 o0015868.WPD Aiiteloz„ AW:t/#0 Notary Public, State of Texas 2 Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the a/ , day of 1VDytrnjt( , 2001 by ALMA JUANITA CHAMPION MEIER, as Trustee of THE CHAMPION-MEIER MANAGEMENT TRUST. to 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 00015868.WPD 3 10/18/2001 TUE 18:05 FAX SHEETS & CROSSFIELD P.C. 0009/01 RECORDERS MEMORANDUM Alt or pear of the test on this page was not' clearly legrbie for sarisfoaory rccordation. 6/41- al 70coq-4 FIELD NOTE DESCRIPTION FORA 0.753 ACRE TRACT BEING A TRACT OR PARCEL OP LAND S1TLIATED IN WJLLIAMSON COUN'Ty, TIDCAS. AND BEING OUT OF AND A PART OF THE WILLIS DONARO SURVEY, ABSTRACT NO. 173, AND BEING OUT OP THAT CERTAIN TRACT OF LAND CONVEYED TO JUANITA MEIER RECORDED IN VOLUME 908, PAGE 700 OP THE DEED RECORDS OP WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a paint in the south right -of --way late of County Road 113, known locally u Xiphen Read, for the northwest corner of said Juanita Meier tract soma being the northeast comer of a 50' Private Aocasa Easement convoyed to Oscar M Wall, in Volume 2064, Page 57 of the Official Record, of Williamson County, Texas, far the northwest corner and POINT 01? BEGINNING of the heroin described tract; THENCE with the south tight -of -way line of said County Road 113, the north line of avid Juanita Meier tract the following two (2) courses: 1. South 88°40'33" But, a distanco elf 946.67 feet to as iron rod found; 2. South 88`40'02" But, s distance of 85.19 feet to a calculated point, for the northwest comer of that certain tract of load conveyed to Williamson County, deac ribed u Tract B, in Document Na 199929643, of the deed records of Williamson County, Texas, end for the northeast corner of this tract; TREN10E departing the north line of said Juanita Meier tract, the south right-of-way line of said County Road 213, with the north fine of 'aid Juanita Maier tract, the south line of said Tract B, the following three (3) courses 1. South 43'58'26" East, if dietanco of 35.82 fleet to an iron rod found; 2. South 88°39'25' Haat a distance of 168.52 &rt to an iron rad found; 3. South 76°34'11" Bast, a diataade of 51.34 feet to a calculated point in The arc of a curve to the led, for the soothe* corner adds tract; THENCE departing the north line of mid Juanita Meier mat the oouth line of said 'Dant B, crossing said Juanita Meier tract the Mowing two (2) courses: 1. Along the are of said curve to the left a chatence of 97.92 filet said curve not being tangent to the last described coarse, said pare having a radios of 950.00 feet, central angle of 05"54'20", i chord which bears North 8540'02" West, a chord distance of 97.87 feet to a calculated point; 2. North 88'37'12" Wast. a distsnot of 1178.88 feet to a calculated point, in the west line of said Juanita Meier tract, the out line of said Oscar M Wall tract, for the eouahwon corner of this tract; TIOSNCE North 02°27'07" East, with the west Hae of said Juanita Meier tract, the east line of said Oscar M Well tract, a distance of 29.75 foot to the POINT 01 BEGU :NG. Containing 0.753 acres of iend mars cs- leas. Randall 8, Jones Registered Prafsaio State of Totes SS/lap,/01 D SurveyorNo. 4391 RJ Surveying Inc. 1212E Braker Lane Austin, Tams 178753 S: Lend Project It2,63e4doa PIELD NOTE DE9C Mete tartdoc February 22, 30x1 Revised Match 26, 21)a t Pave Ion 1 LLQ r,LLUNAU OFFT,C3AL PUBLIC RECORDS 11-29-200 12:27 PM 2001087852 ANDERSON $17.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY. TEXAS I�IIyI���iIIw�I�u� Kiphen Rd.—parcel 5 SPECIAL WARRANTY DEED Kiphen Road Project THE STATE OF TEXAS COUNTY OF WILLIAMSON �It9IIIIIIIl DEED I„ secs 2006069414 EXHIBIT F„ 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. 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 Kiphen Road improvement project ("Project"); and, WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, ESTATES AT SETTLERS PARK OWNERS ASSOCIATION, INC., hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor 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: 0.007 acre tract of land, more or less, situated in the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more fully described by metes and bounds or shown in Exhibit "A", attached hereto and incorporated herein (Parcel 5); and A 0.085 acre tract of land, more or less, situated in the Willis Donaho Survey, Abstract No. 173, Williamson County, Texas; said tract of land described more particularly by metes and bounds in Exhibit "B" attached hereto and incorporated herein. O:\wdox\CORR\vansprt\ldphen d\livingslo wdwd\00101898.DOC RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements and rights-of-way of record; 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; and any encroachments or overlapping of improvements. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the aVay of \A6-(1.1 , 2006. GRANTOR: ESTATE SETTLERS PARK OWNERS ASSOCIATION, INC. By. Its: -i /tc.bid-... Acknowledgment State of Texas County of`Trsav i5 This instrument was acknowledged before me on this the Z --c, day of , 2006 by 6.ro , in the capacity and for the consideration and purposes recited herein. Notary Public, State of'hexas 2 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S ADDRESS: City of Round Rock 221 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. ® 309 East Main Round Rock, Texas 78664 I T PARCEL: 5 COUNTY: WILLIAMSON OWNER CITY OF ROUND ROCK EXHIBIT I\ PROPERTY DESCRIPTION DESCRIPTION OF A 0.007 ACRE (310 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 0.09 ACRE TRACT OF LAND (TRACT 2), CONVEYED TO RANDELL LIVINGSTON, TRUSTEE, FOR REG ENTERPRISES, INC., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2000046292 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.007 ACRE (310 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a found 1/2" iron rod in the existing southerly right-of-way line of Kiphen Road (right-of-way width varies), 45.69 feet right of proposed Klphen Road baseline station 110+06.51, being the southeasterly comer of said 0.09 acre tract, the northeasterly corner of the remaining portion of that called 75.590 acre tract of land conveyed to Champion -Meier Assets, Ltd., by instrument recorded in Document No. 2001016161 of the Official Public records of Williamson County, Texas, the northwesterly corner of that called 10.00 acre tract of land conveyed to the City of Round Rock, Texas, by instrument recorded in Document No. 9614211 of the Official Records of Williamson County, Texas, and the southeasterly comer of the herein described tract 1) THENCE, departing said existing southerly right-of-way line of Kiphen Road, with the common boundary line of said 0.09 acre tract and the remaining portion of said 75.590 acre tract, S 87°30'33" W for a distance of 15.13 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the proposed curving southerly right-of-way line of Klphen Road, 52.00 feet right of proposed Kiphen Road baseline station 109+93.40; 2) .THENCE, departing said common boundary line, through the interior of said 0.09 acre tract, with the proposed southerly right-of-way line of Kiphen Road, along said curve to the right, having a delta angle of 04°17'36", a radius of 1050.00 feet, an arc length of 78.68 feet, and a chord which bears N 65°19'43" W for a distance of 78.68 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap in the northerly boundary line of said 0.09 acre tract, same being the existing southerly right-of-way line of Kiphen Road, 51.83 feet right of proposed Kiphen Road baseline station 109+17.76, being the most northerly comer of the herein described tract; PARCEL: 5 COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 2 of 3 3) THENCE, with the northerly boundary line of said 0.09 acre tract and said existing southerly right-of-way line of Kiphen Road, S 69°36'54' E for a distance of 92.38 feet to the POINT OF BEGINNING, containing 0.007 acres (310 square feet) of land, more or fess. All bearings recited herein are based on the Texas State Plane Coordinate System, Central .tone No. 4203; NAD 83. • - - - This property description Is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description b true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. °Li /:(:z6e.tizd M. Stephen T esdale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 KIPHEN ROAD — PARCEL 5 �-5aC Date 78 5 5 0 10 20 37A 109.17.76 31.83' AT SCALE I'• 20' • S4. 'i PROP 0.00 OSFO Kip/ yfN R\ R. o kik/h/ oryVgNRO Fs� d REG ENTERPRISES, INC. RANDELL LIVINGSTON (TRUSTEE) (0.09 AC.) DOC. NO. 2000046292 TRACT 2 0.007 AC. 0.P.R.W.C.T. 310 SO. FT. • 0 ( ) P.O.B. P.O.R. 0.P.R.W.C.T. O.R.W.C.T. P.R.W.C.T. P.0.8. STA 110+06.81 4369' AT STA 109.83.40 5200' AT CHAMPION-MEIER ASSETS, LTD. (REMAINDER OF 75.590 AC.) DOC. NO. 2001016161 O.P.R.W.C.T. LEGEND 1/2' IRON ROD FOUND 1/2 ' IRON ROD SET W/CITY OF ROUND ROCK ALUMINUM CAP CALCULATED POINT PROPERTY LINE RECORD INFORMATION POINT OF BEGINNING POINT OF REFERENCE OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PLAT RECORDS WILLIAMSON COUNTY. TEXAS r0'33' W 15.13 2S I WIJJJS DONAHO SURVEY I ABSTRACT NO. 173 CITY OF ROUND ROCK. TEXAS 10.00 AC. DOC. NO. 9614211 O.R.W.C.7. NO, DELTA RADJUS TANGENT LENGTH CHORD CHORD BEARING CI 04°17'36' 1050.00' 39.36' 78.68' N 65°19'43' W NOTES ALL BEARINGS ARE BASED ON 5R10 BEARINGS. DISTANCES ARE SURFACE DISTANCES. COOROWATES ARE SURFACE WALLIES BASED ON THE TEXAS STATE PLANE COORDINATE sYS7EAL HAD 03. CENTRAL ZONE. USING A COMBINED SURFACE ADJUSTMENT FACTOR OF L00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTANRNO TO 1115 PROPERTY THAT ARE 1107 SHOWN HEREON. ! HEREBY CERTIFY THAT 7HAS SURYEY WAS MADE ON THE BROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT >S TRUE AND CORRECT TO THE SEDT OF 145 IOJOWLEDOE ANO BELIEF. ST DALE REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4933 L)CEN5E0 STATE LAND SURVCY0R -aA-e-tig/gfeek ., INLAND CIVIL ASSOCIATES PROFESSIONAL LANG SURVEYORS 1504 CMISHOLM TRAR. RD. SUITE 103 ROUND ROCK, TX 78881 ALBID231r100,0 0171271-1771 RIGHT OF WAY SKETCH KIPHEN ROAD WILLIAMSON COUNTY. TEXAS _.PARCEL 5 PARCEL: 5-E COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK EXHIBIT B PROPERTY DESCRIPTION DESCRIPTION OF A 0.085 ACRE (3,719 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 0.09 ACRE TRACT OF LAND (TRACT 2), CONVEYED TO _ _ _ RANDELL LIVINGSTON,. TRUSTEE, FOR REG ENTERPRISES, INC., BY INSTRUMENT RECORDED IN DOCUMENT NO. 2000048292 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.085 ACRE (3,719 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Page 1 of 3 BEGINNING at a found 112' iron rod in the westerly boundary line of said 0.09 acre tract, same being the existing southerly right-of-way line of Kiphen Road (right-of-way width varies), 70.54 feet right of proposed Kiphen Road baseline station 108+67.56, being the northeasterly corner of that called 0.286 acre tract of land conveyed to Wiiliamson County by instrument recorded in Document No. 199929648 of the Official Public Records of Williamson County, Texas; 1) THENCE. with the westerly boundary line of said 0.09 acre tract and said existing southerly right-of-way line of Kiphen Road, N 0291'37" W for a distance of 15.04 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap, 57.27 feet right of proposed Kiphen Road baseline station 108+60.53, being the most northerly comer of the herein described tract; 2) THENCE. with the northerly boundary line of said 0.09 acre tract, same being said existing southerly right-of-way tine of Kiphen Road, S 69°36'54" E for a distance of 57.45 feet to a set 1/2" Iron rod with a City of Round Rock aluminum cap at the beginning of a curve to the left in the proposed southerly right-of-way line of Kiphen Road, 51.83 feet right of proposed Kiphen Road baseline station 109+17.76; 3) THENCE, departing said existing southerly right-of-way line of Kiphen Road, through the interior of said 0.09 acre tract, with the proposed southerly right-of-way line of Klphen Road, along a curve to the left, having a delta angle of 0497'38", a radius of 1050.00 feet, an arc length of 78.88 feet, and a chord which bears S 6599'43" E for a distance of 78.66 feet to a set 1/2' iron rod with a City of Round Rock aluminum cap in the common boundary line of said 0.09 acre tract and the remainder of that called 75.590 acre tract of land conveyed to Champion -Meier Assets, Ltd., by instrument recorded in Document No. 2001016161 of the Official Public Records of Williamson County, Texas, 52.00 feet right of proposed Kiphen Road baseline station 109+93.40, being the southeasleriy comer of the herein described tract; PARCEL: 5-E COUNTY: WILLIAMSON OWNER: CITY OF ROUND ROCK Page 2 of 3 THENCE, departing the proposed southerly right-of-way line of Klphen Road, with the common boundary line of said 0.09 acre tract and the remaining portion of said 75.590 acre tract, the following two courses: 4) 8 87°30'33" W for a distance of 123.23 feet to a set 1/2- iron rod with a City of Round Rock aluminum cap, being the southwesterly corner of the herein described tract; 5) N 02°11'37" W for a distance of 26.83 feet to a set 1/2" iron rod with 'a City of Round Rock aluminum cap in the northerly boundary line of the remaining portion of said 75.590 acre tract, same being said existing southerly right-of-way line of Kiphen Road, 85.00 feet .right of proposestNiphenRoad baseline station 108+75.25; 6) THENCE, departing the northerly boundary line of the remaining portion of said 75.590 acre tract, with the westerly boundary line of said 0.09 acre tract and said existing southerly right-of-way line of Kiphen Road, N-02°11'37" W for a distance -of -16;38 feet to the POINT OF BEGINNING, containing 0.085 acres (3,719 square feet) of land, more or less. All bearings recited herein are based on the Texas Stale Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description Is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. St:.' =n ru- dale /44.4.)2-1 Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 1504 Chisholm Trail Road Suite 103 Round Rock, TX 78681 512-238-1200 KIPHEN ROAD — PARCEL 5-E Date 5 10 0 20 40 SCALE I' - 40' P.O.B. PARCEL 5—E STA j06.67.36 RT 4,4 .N N 03 +n WILLIAMSON COUNYY (0.286 .4C.) DOC. N0. /99929648 0. O S STA 109.75.2 83.00' R7 J J SE D ori›,_ .00 40 STA 108.60.53 5727' RT 6 6936 J . 1,45,4 4 Fkis iR ibve TA 109.17.76' . W 51.83' RT REO ENTERPRISES INC. RANOELL LIVINESTON, TRUSTEE (0.09 AC.) 000. NO. 2000046292 TRACT 2 0PJtW.C.T. ktp \L4 'S7/M DO £s) q0 578 NO•0631 45.69' RT Ek3 S 874'30'33' W 123.23' STA 109.93.40 62.00' RT CHAMPION-MEIER ASSETS. LTD. (REMAINDER OF 75.590 AC.) DOC. NO. 2001016161 D.P.R. W. C. T. LEGEND • I/2' IRON ROD FOUND O I/2 • IRON ROD SET W/CITY OF ROUND ROCK ALUMINUM CAP A CALCULATED POINT P. PROPERTY LINE RECORD INFORMATION P.O.S. POINT OF BEGINNING P.O.R. POINT OF REFERENCE D.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY. TEXAS 0.085 AC. 3.719 50. FT. WILLIS DONAHO SURVEY 1 ABSTRACT NO_ 173 NO. BEARING DISTANCE LI N 02°11'37' W 26.83' L2 N 02.11'37' W 16.38' L3 N 02'11'37' W 15.04' L4 N 8730'33' E _ 15.13' NOTDELTA RADIUS TANGENT LENGTH CHORD CHORD BEARING Cl 04°!7'36' 1050.00' 39.36' 78.68' 78.66' S 65.19'43' E NOTES: ALL BEARINGS ARE BASED ON 8810 BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, HAD 83. CENTRAL 20NE. USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO TN1S PROPERTY THAT ARE NOT SHOWN HEREON. 1 HEREBY CERTIFY THAT THIS SURVEY WAS WADE ON THE GROUND UNDER MT DIRECTION AND SUPERVISION ANO THAT THIS PLAT IS TRUE ANO CORRECT TO TME BEST OF TNT XNOWLEDGE AND BELIEF. M. STEP T' E REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4933 LICENSED STATE LAND SURVEYOR CITY OF ROUND ROCK, TEXAS 10.00 AC. DOC. NO. 9614211 0.R.W.C.T. PAGE 3 OF 3 ` INLAND CIVIL" 1 ASSOCIATES V PROFESSIONAL LAND SURVEYORS i SO4 CHISHOLM TRAIL RD. SUITE 103 ROUND ROCK, 7X. 78681 M 917I7311780,1A3 (S12,136-1161 EASEMENT SKETCH KIPHEN ROAD WILLIAMSON COUNTY. TEXAS PARCEL 5—E FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006069414 08/15/2006 10:12 AM PHERBRICH 848.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 2- -a E NA -1> ilN - : FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009010406 E.1)ciu, 02/18/2009 02:21 PM CMCNEELY $160.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS *ass 0 O 0 v CJD _ Rockin J Rd 7 \u • p \\\\ A •— a1•101u.+061" �1 Brenda Ln I z V ( 0 C) Ln W CO Exhibit A - Sketch EXHIBIT Y1 SERVICE PLAN PROVIDING FOR EXTENSION OF FULL MUNICIPAL SERVICES TO THE FOLLOWING AREA PROPOSED FOR ANNEXATION: 9.939 ACRES, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NUMBER 173, ALSO KNOWN AS THE EAST OLD SETTLERS AT BRENDA LANE 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 undeveloped, although it was platted in 1986. There is one church and two single-family residences across what is now six parcels (one of the lots has been reconfigured into three parcels). The Property is generally surrounded by larger -acreage single- family residential to the south, and standard single-family residential development to the north. Large -acreage tracts that have not been platted and remain undeveloped surround the property on the east and west. 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 Brenda Lane 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 43.056(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). 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 -09-05-14-8G11 Annexing 9.939 acres south 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 2009051249 E.R1 07/15/2009 09:26 AM MARIA $392.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS