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A-02-02-28-11E2 - 2/28/2002ORDINANCE NO. r7 " O&' o - - � /EZ AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 91.116 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR. 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 43.028, Local Government Code, the owners of a tract of land containing 91.116 acres of land, more or less, out of the Willis Donaho, Jr. Survey, Abstract No. 173, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and ::O"MA\wow.Cox\C:\WDOX\ORDJNA C\00021069 WPD/020228e2/ec WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 grant the petition for 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 2 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. VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VII. 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. VIII. That this Ordinance shall become effective after its passage. IX. 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. 3 X. 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. XI. 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 4 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 O O day of J F 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. ROl='" A. STLUKA, JRV, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretar 5 FIELD NOTE DESCRIPTION: BEING A PARCEL OR TRACT OF LAND OUT OF THE WILLIS DONAHO, JR. SURVEY ABSTRACT NO. 173, AND BEING OUT OF AND A PART OF THAT CERTAIN TRACT DESCRIBED AS 97.6 ACRES IN A WARRANTY DEED TO A.W. HOYT, JR. PROPERTIES, LTD., DATED AUGUST 1, 1996 AND RECORDED IN DOCUMENT NO. 9638879 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found at a point in the north right-of-way of County Road 113, known locally as Kiphen Road, for the southeast corner of that certain tract of land said to contain 84.37 acres in a General Warranty Deed to MTV Investments Limited Partnership recorded in Document Number 9608169, of the Official Records of Williamson County, Texas, for the southwest corner of said 97.6 acre tract, for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 00°43'18" East, departing said north right-of-way of County Road 113 and along the west line of the said 97.6 acre tract, the same being the east line of the 84.37 acre tract, 1785.69 feet, to an iron rod found in the south right-of-way of County Road 117, for the northeast corner of said 84.37 acre tract the northwest corner of said 97.6 acre tract, for the northwest corner of this tract; THENCE South 89°43'04" East, with said south right-of-way of County Road 117 and the north line of said 97.6 acre tract, 2387.84 feet to an iron rod found in the west right-of-way of County Road 122, known locally as Red Bud Lane, for the northeast corner of said 97.6 acre tract, for the northeast corner of this tract; THENCE South 00°13'46" West, with said west right-of-way of County Road 122 and the east line of said 97.6 acre tract, a distance of 1474.84 feet to an iron rod set, for the southeast corner of this tract; THENCE through said 97.6 acre tract the following three (3) courses: 1. South 89°38'09" West, a distance of 949.74 feet to an iron rod set, for an angle corner of this tract; 2. North 89°55'06" West, a distance of 50.30 feet to an iron rod set, for an angle corner of this tract; 3. South 00°04'54" West, a distance of 295.00 feet to an iron rod set in said north right-of-way of County Road 113, the south line of said 97.6 acre tract, for an angle corner of this tract; S:\LAND650-700\698\docs\DESC 91.116 SURVEY.doc 06/28/01 Page 1 of 2 1 EXHIBIT "An THENCE North 89°55'6" West, with said north right-of-way of County Road 113 and the south line of said 97.6 acre tract, a distance of 1403.96 feet to the POINT OF BEGINNING. Containing 91.116 acres of land more or less. Randall S. Jones Registered Profession State of Texas cp,.av (.& Sio Date Land Surveyor NO. 4391 Randall Jones Engineering Inc. 1212 E. Braker Lane Austin, Texas 78753 S:\LAND650-700\698\does\DESC 91.116 SURVEY.doc 06/28/01 Page 2 of 2 zz \: — - { . t — ( ,»_,. ----- 2 r- - .11,1•1 Ancoc 0 § ,a f' # h: si it 111la f1•I 114 41 "!1� DOM/ 3| m•1 Si p. 10.14/01 16,11 FAX 512 533 142P TCV]ME1II 10-14 al MI I.a1RN LAND PEPF.LOFMENI - RANDALI. .I (INFS IQ1(lu2 2001036302. 1=•q h ,tJF1NTO , 4elgdtsea .l e rov , S)LNLRAL WAHBANLYnum REG Enterprises, Inc., n Texas corporation ("Grantor"). for the consideration hereinafter staled, does GRANT, SELL, AND CONVEY unto Continental Homes of Texas, L.P., a Texas limited partnership doing business as Milburn Homes, with offices in Travis County, Texas, ("Grantee"), the fallowing described real property, together with all improvements thereon. situated in Williamson County, Texas (the "Property'): 91.116 acres, more or less, out of the AVitus DONANO SVRvpY, ABSTRACT No. 173, in Williamson ('onnty, Texas, being mora particularly described on Exh ihit "A" attached hereto and made n part hereof for all purposes; TO IfAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors and assigns, forever. And Grantor does hereby bind Grantor, and Grantor's successors, to WARRANT AND FOREVER DEFEND, all end singular, the Property unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, of any part thereof, subject however, to the Permitted Exceptions set forth on Exhibit "H" attached to and incorporated in this Deed by reference. Grantee assumes the payment of ad valorem tuxes and assessments for the current year and for subsequent years. The consideration for this conveyance, receipt of which Grantor acknowledges, is S 10.00 and other valuable consideration paid to Grantor for which no lien either express or implied is retained. Grantee's Mailing Address: Executed this 15'" day of May, 2001. Continental Homes of Texas, L.P. 12554 Mina Vista Circle, Second Floor Austin, Texas 78727 REG Entrrprlsea, Inc. (a Texas corporation) By: /f r"v i 5. Robert E. GiIGl Ian, Presi W Aru`RY nrTD r,p. 1 PFG'C,ntimmt0 I0/11/01 15 I I FAX 512 53.3 14211 MIIADRN LAND DEVELOPMENT • RANDAI.I, JONES On.1 ' TCT/2440712 1 /745.00 STATE OF TEXAS § COUNTY OF/all%arru^ This instntment was acknowledged before me !his 15A day of May, 2001, by Robert E. Gilfillan, President of RF.G Entcrpises, he., a Texas corporation, on behalf of said corporal ion. CEIINIF CNATIOLF11 iel +been ntmuwe 1lU AfkJRPOPT11inR.PIKAS Ae /Ks Tp: Timothy C. Taylor, Esq. JACKSON WALKER I, P. 100 Conrcv Avenue, Smite 1100 Austin. Tuus 78701 -0099 wnan.wir 051.0 Lc d/wadt, Notary Public - State of Texas Name My Commission Expires: Par 2 KQG'Crnnncmal 10'11/01 16:11 FAX 512 533 1429 .4 MILBURN LAND DEVELOPMENT RAND.ALL JONES EXHIBIT A BEING A PARCEL OR TRACT OF LAND OUT OF THE µ1LLOS DONAHO, JR. SURVEY ABSTRACT NO 173, AND BEING our OF ANDA PART OF THAT CERTAIN TRACT DESCRIBED AS 976 ACRES IN A WARRANTY DEED TO A.W. HOYI, JR. PROPERTIES, (TD., DATED AUGUST 1, 1996 AND RECORDED IN DOCUMENT NO, 9638879 OF 7 -HE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at on iron rod found oto point in the north right-of-way of County Rood 113 known locally as Klphen Rood, for the southeast corner of that certain tract of land sold to contain 84.37 acres in o General Womanly Deed to MTV Investments Limited Partnership recorded in Document Number 9608169 of the Officio/ Records of Williamson Counts Texas, for the southwest corner of said 976 acre froct, for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 00'43'18' Cosi, deporting sold north right-of-way of County Road 113 and olong the west line of the said 97.6 acre tract, the some being the east line of the 84,37 acre tract, 1785,69 feet, to an Iron rod found In the south right-of-way of County Rood 117, for the northeast corner of said 84,37 acre tract the northwest comer of sold 97.6 core tract, for the northwest comer of this tract; THENCE South 894304" East, with sold south right-of-way of County Rood 117 and the north line of said 976 acre tract, 236784 feet to on Iron rod found in the west right-of-way of County Rood 122, known locally as Red Bud Lone, for the northeast corner of sold 97.6 acre tract, for the northeosl comer of this tract; THENCE South 0073'46' West, with sold west right-of-way of County Rood 122 and the east line of said 976 acre tract, o distance of 1474.84 feet to an iron rod set, for the southeast corner of this tract; THENCE !Waugh said 97.6 acre tract the following three (3) coarses• 1. South 89'38'09- West, an angle corner of this 2. North 8955'06" Wes(, angle corner of (his frac 3. South 00114'54" West, said north right-of-way acre tract. for on angle o distance of 949.74 feet to on iron rod set. for tract; a distance of 5030 feet to on iron rod set, for on 1; a distance of 29500 feet to an Iron rod set in of County Rood 113, the south line of said 97.6 comer of this tract; THENCE North 89'55'06' West, with said north right -o( -way of County Road 113 and the south line of said 976 acre tract, o distance of 140396 feet to the POINT OF BEGINNING. Containing 91.116 acres of land more or less. 62004 10/11101 16:12 FAA 512 5JJ 14214 TC12666786 115-14.01 MILBUHN LAND DL%ELU1'tlbNl - H.A:'UALL JUNhs 1PJ0ua Exhibit "II„ Permitted Exceptions The rights of Brushy Creek Water Control and Improvemcnl District No 1 to levy taxes and issue bonds. CYI Cn ::"•.!.I(? lr('rl.7r'f r _u nr;� LUui,lL_ OFFICIAL PUBLIC RECORDS 05-24--2001-- 12:55 PM 2001036302 SOME $15.00 NANCY F. RISTER -COUNTY CI.ERK WILLIAMSON COUNTY, TEXAS RETURN TO gaoessimm t Sills, re., $run Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN February 11, 2002 91.116 (Settlers Crossing) Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. ANNEXATION OR CITY LIMITS EXTENSION PETITION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owner of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petitions your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: (See Exhibit "A") We hereby certify, under oath, that: (1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit "B" a true and current copy of the Warranty Deed whereby we acquired said property, and (2) the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. OWNER: CONTINENTAL HOMES OF TEXAS, L. P., a Texas limited partnership BY: CHTEX of Texas, Inc., a Delaware corporation By: E. Mitchell, Vice President SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by re at, - r , this 2_ day of February, 2002, A.D. 'R- ,e tary Public L e of Texas z 0 CI) m =z y 0 O R- z� vo in w Oz oc z 0 < co rx w J 1- 1— w co ... DATE: February 21, 2002 SUBJECT: City Council Meeting — February 28, 2002 ITEM: 11.E.2. Consider an ordinance annexing 91.116 acres of land, more or less, out of the Willis Donaho, Jr. Survey, A-173, in Williamson County, Texas (Hoyt Tract) (First Reading) This annexation procedure is authorized under Section 43.028 of the Texas Local Government Code. A petition for voluntary annexation has been submitted. Resource: Joe Vining, Planning Director History: The purpose of this annexation is to establish city services for this development. A copy of the annexation service plan is attached. Funding: N/A Cost: Provision of city services. Source of Funds: General Fund Outside Resources: REG Enterprises, Inc. Impact: Benefit: Fire, Police and arterial roadway improvements. Increase in the ad valorem tax base. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government Code. Sponsor: Planning and Community Development Department RECORDED DOCUMENT FOLLOWS 2002037042 17 P THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, 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 -02-02- 28-11E2. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 28th day of February 2002 as recorded in the minutes of the City of Round Rock Book 47. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of May 2002. CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. n ' O&- Dorf O - J 'Ea) AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 91.116 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO, JR. 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 43.028, Local Government Code, the owners of a tract of land containing 91.116 acres of land, more or less, out of the Willis Donaho, Jr. Survey, Abstract No. 173, in Williamson County (the "Property"), more fully described in Exhibit "A", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and ::0"ma\WORLDOx\o:\"Wx\oRDIHANC\00021069.weo/o2022ee2/sc WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 grant the petition for 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 2 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. VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B", is hereby approved. VII. 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. VIII. That this Ordinance shall become effective after its passage. IX. 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. 3 X. 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. XI. 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 4 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 OW day of 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. ATTEST: faht RO "' A. STLUKA, JRL. Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 5 FIELD NOTE DESCRIPTION: BEING A PARCEL OR TRACT OF LAND OUT OF THE WILLIS DONAHO, JR. SURVEY ABSTRACT NO. 173, AND BEING OUT OF AND A PART OF THAT CERTAIN TRACT DESCRIBED AS 97.6 ACRES IN A WARRANTY DEED TO A.W. HOYT, JR. PROPERTIES, LTD., DATED AUGUST 1, 1996 AND RECORDED IN DOCUMENT NO. 9638879 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found at a point in the north right-of-way of County Road 113, known locally as Kiphen Road, for the southeast corner of that certain tract of land said to contain 84.37 acres in a General Warranty Deed to MTV Investments Limited Partnership recorded in Document Number 9608169, of the Official Records of Williamson County, Texas, for the southwest corner of said 97.6 acre tract, for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 00°43'l8" East, departing said north right-of-way of County Road 113 and along the west line of the said 97.6 acre tract, the same being the east line of the 84.37 acre tract, 1785.69 feet, to an iron rod found in the south right-of-way of County Road 117, for the northeast corner of said 84.37 acre tract the northwest corner of said 97.6 acre tract, for the northwest corner of this tract; THENCE South 89°43'04" East, with said south right-of-way of County Road 117 and the north line of said 97.6 acre tract, 2387.84 feet to an iron rod found in the west right-of-way of County Road 122, known locally as Red Bud Lane, for the northeast corner of said 97.6 acre tract, for the northeast corner of this tract; THENCE South 00°13'46" West, with said west right-of-way of County Road 122 and the east line of said 97.6 acre tract, a distance of 1474.84 feet to an iron rod set, for the southeast corner of this tract; THENCE through said 97.6 acre tract the following three (3) courses: 1. South 89°38'09" West, a distance of 949.74 feet to an iron rod set, for an angle corner of this tract; 2. North 89°55'06" West, a distance of 50.30 feet to an iron rod set, for an angle corner of this tract; 3. South 00°04'54" West, a distance of 295.00 feet to an iron rod set in said north right-of-way of County Road 113, the south line of said 97.6 acre tract, for an angle corner of this tract; S:\LAND650-700\698\docs\DESC 91.116 SURVEY.doc 06/28/01 Page 1 of 2 1 EXHIBIT "An THENCE North 89°55'06" West, with said north right-of-way of County Road 113 and the south line of said 97.6 acre tract, a distance of 1403.96 feet to the POINT OF BEGINNING. Containing 91.116 acres of land more or less. ERCU'CW) 182. Randall S. Jones Date Registered Profession Land Surveyor NO. 4391 State of Texas Randall Jones Engineering Inc. 1212 E. Braker Lane Austin, Texas 78753 S:\LAND650-700\698\docs\DESC 91.116 SURVEY.doc 06/28/01 Page 2 of 2 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly looble for safisfacm i I ordadon. I � r.wuv ______ __ _ __________________________________F" m \ � ____ f�M1y rel I a N I �w I wprrr.......•r•�r«�. 1 �i�1.rM-w.irw M.�+a rM.x maw v..wx 1 I iP.xv�i�r.w, r•w+.wM..�a I _ w x w nrr.•w s ne.N n�a x... • 5 i 1 I ep 5 P I �� F� g1. aww•aw�r.ca, `I I. nu wu .nr.or.�xr w.vxumwmowm•uc �t §i mr vrrcroerr..vuwv �aQ ry.c 4?I wrnr. Nr.,.a x<am xwura rwum mvrt rvu wwr �nl T�I I I I1 u� mn u,mi I I 0001 oaw.aro.ca.. i lI� .. �rxum mxnww..wmr R ..w r or�rw\ I t i •q .mru 'I I � ml— — �w RJ SURVEYING INC. w.e•v ZIZ E saAKER SURVEY PLAT "tea w ua a wKrw�.. AUSTIN TEXAS 70759 10/1,1101 16• 11 FAX 512 513 142P MI LRt'RN LAND DEVELOPMENT - RANDALL !ONES 1/4,10112 .:01 0.7.457.2.72R-- _ TC104461y.111.1401 20010:-.7.6302 4 rfras FA" tJRN TO ,�,pav46w» gain reo,r f;EN}r(3AL WARRANTY DEED REG Enterprises, Inc., n Texas corporation ("Grantor"), for the consideration hereinafter slated, does GRANT, SELL AND CorrvEY unto Continental Homes of Texas, L.P., a Texas limited partnership doing business as Milburn Homes, with offices in Travis County, Texas, ("Grantee"), the following described real property, together with all improvements thereon, situated in Williamson County, Texas (the "Property"): 91.116 acres, more or Less, out of the WILLIE DONAIIO SURVEY, ABSTRACT No. 173, in Williamson County, Texas, being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes; TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Granter, Grantee's successors and assigns, forever. And Grantor docs hereby bind Grantor, and Grantor's successors, to WARRANT AND FOREVER DEFEND, all and singular, the Property onto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to the Permitted Exceptions set forth 011 Exhibit "B" attached to and incorporated in this Deed by reference. Granter assumes the payment of ad valorem taxes and assessments for the current year and for subsequent years. The consideration for this conveyance, receipt of which Grantor acknowledges, is 510.00 and other valuable consideration paid to Grantor for which no lien either express or implied is retained. Grantee's Mailing Address' Executed this I5'^ day of May, 2001 wux,,,vn nrro Continental Homes of Texas, L.P. 12554 Riata Vista Circle, Second Floor Austin, Texas 78727 GRANTOR. REG Enterprises, Inc. (a Texas corporation) By: / s 4W � Robert B. Gilfillan, Presi ent 1-,44 1 P£OdGmmnennl RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 10i11/01 18:11 FAX, 512 5.7.7 1429 MILBURN LAND DEVELOPMENT + RANDALL JONES n—rMG671171045.W STATE OF TEXAS COUNTY OFGU; /Ii4 nun § § This instrument was acknowledged before me this I r day of May, 2001, by Robert E. Gilfillan, President of REG Entcrpises, Inc., a Texas corporation, on behalf of said corporation. PE/IANDIFR HinVMIINIE'C.9r,�@ ori ADACI 21101tneasE Rennn�T Tunothy C. Taylor, Erq. JACKSON WALKER L.L.P. 100 Cenrcr5 Avenue, Suite 110n Austin. Tceai 78701 4099 wlrzlwfY VELD La (halt_ Notary Public - State of Texas Name: My Commission Expires: 'r2 KEVCmmnmtd Ijl not RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. , IQ(11'61 16:11 FAX 512 533 1429 MILBURN LAND DEVELOPMENT' -. RANDALL JONES EXHIBIT A BEING A PARCEL OR TRACT Or LAND OUT OF THE RILLIS CONANO, JR. SURVEY ABSTRACT NO. 173, AND BEING OUT Or ANO A PART OF THAT CERTAIN TRACT DESCRIBED AS 976 ACRES INA WARRANTY DEED TO A.W. NOrr, JR. PROPERTIES, LTD,, DAT£0 AUGUST 1, 1996 ANO RECORDED IN DOCUMENT NO, 9636879 OF THE OFFICIAL RECORDS OF WILLIAMS XV COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS': OEGINNING at on iron rod found at o point in the north right-of-way of County Road 713, known locally as /Cipher; Rood, for the southeast comer of that certain tract of lond sold to contain 84.37 acres in o Genera/ Warranty Deed to MTV Investments Limited Partnership recorded in Document Number 9606169, of the Official Records of 1441/iomson County, Texas, for the southwest corner of said 976 acre tract, for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 00'4378' East, deporting said north right-of-way of County Rood 1/3 and along the west line of the said 976 acre tract, the some being the east line of the 84,37 acre tract, 1785.69 feel, to an Iron rod found (n the south right -of --way of County Road 117, for (he northeast corner of sold 84,37 acre tract (he northwest comer of sold 97.6 acre tract, for the northwest comer of this tract; THENCE South 89'43'04" Cost, with said south right -of --way of Courtly Rood 117 and the north line of said 976 acre tract, 238784 feet to an kon rod found in the west right -o( -way of County Rood 122, known locally as Red Bud Lone, for the northeast corner of sold 97.6 acre tract, for the northeost corner of this tract; THENCE South 0073'46' Wel, with sold west right-of-way of County Rood 122 and the east line of said 97.6 acre tract, o distance of 1474.84 fee( to an iron rod set, for the southeast corner of this tract; THENCE though said 97.6 ocre tract the following three (3) coarses. 1. South 89:7809' West, an angle corner of this 2. North 8955'06" West, angle corner of Ws troc 3, South 00214'54" West, sod north right-of-way ocre tract, for on angle a distance of 949.74 feet to on iron rod set, for tract; o distance o( 50.J0 feet to on iron rod set, for on t; o distance of 29500 feet to an Iron rod set in of County Rood 113, the south line of said 97.6 comer of this tract; THENCE North 8955106" West, with said north right-of-way of County Rood 1/J and the south I1ne of sold 97.6 acre tract, o distance of 1401.96 feet to the POINT OF BEGINNING. Containing 91.116 acres of land more or less. RECORDERS MEMORANDUM All or parts of the text on this page was no' clearly legible for satisfactory recordar 10/11/01 16:12 }AA 512 534 14214 1CT/2666736.1/3.1401 M1L0U1N LAND DEPLLUPMbNI a K.AINDALL JONES Exhibit "B" Permitted Exceptions The rights of Brushy Creek Water Control and Improvement District No 1 to levy taxes and issue bonds. r I LU HW RL,aidl_ r OFFICIAL PUBLIC RECORDS t _ 05-24-20012:55 PH 2001036302 SUSIE $15.00 NANCY E. RISTER ,COUNTY CLERK WILIIAHSOti COUNTY, TEXAS RETURN TO goorkserf gale In., $nn • Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN February 11, 2002 91.116 (Settlers Crossing) Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. ANNEXATION OR CITY LIMITS EXTENSION PETITION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owner of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petitions your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the following described territory, to -wit: We hereby certify, under oath, that: (1) (See Exhibit "A") WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED 1 RACT OF LAND and as evidence thereof we have attached as Exhibit "B" a true and current copy of the Warranty Deed whereby we acquired said property, and (2) the above described tract of land is contiguous and adjacent to the current city limits of the City of Round Rock, Texas. OWNER: CONTINENTAL HOMES OF TEXAS, L. P., a Texas limited partnersh BY: CHTEX of Texas, Inc., a Delaware corporation By: E. Mitchell, Vice President p SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by le /r*Star I n , this C2i day of February, 2002, A.D. otary Publics e of Texas (1) 0m Z y O 0 — zi- cow Oz etz 0 < co rX w 1- 1— w co - FRED OO RECORDED OFFICIAL PUBLIC RECORDS 05-16-2007'"03:47 AM 2002037042 ANDERSON $41.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS fi -D2-DQ-aft //EL eh,aak Ablumv CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK: TEXAS 78664