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A-02-12-05-7B1 - 12/5/2002ORDINANCE NO. R-0- I -OJ -/ 81 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.29 ACRES OF LAND, MORE OR LESS, OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, 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 3.29 acres of land, more or less, out of the Samuel Jenkins Survey, Abstract No. 347, 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 :.0DHA\WORLDOX\0:\WDOX\ORDINANC\021205B1.WPDISC 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 C day of n,Y , 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. WELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secreta 5 ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits sol 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. owns) U STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrumerrtJwas ackn ge fore me on the 1day of NaUBH�jer) ZC®� 20 0L by LL �� ary Public, State of Texas EXHIBIT DESCRIPTION OF 3.29 ACRES, MORE OR LESS, OF LAND AREA, IN THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, IN WTLLIAMSON COUNTY, TEXAS, ANL BEING A PORTION OF THAT 120,7:. ACRE TRACT OF LAND DESCRIBED IN ,A TRUSTEE'S DEED DATED MAY 3, 1906 FROM JIM SACERIDER, TRUSTEE. TO MARY ELXZABETE BUCA VANCE, ET Ai.IUS, AS RECORDED IN VOLUME 10672, PAGE 381, REAL P17OFSRTY RECORDS OF TRAVIS COUNTY, TEXAS. AND BEING MORE PARTICULARALY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set in the south line of Gattis School Road, for the northwest corner of the afarereferenced Vance Tract, same being the northeast corner of High Country Section Throe, a subdivision in Williamson County, Texas, as recorded in Cabinet L, Slide 300, Plat Records of Williamson County, Texas, and being the northwest corner of the herein described tract of land; THENCE leaving the PLACE OF BEGINNING and said Rich Country Section Three, with the common line of Gattis School Road and the Vance Tract as described in the VanceDeed, the following three (3) courses:. 1. S 79'1'7'44"E 362.32 feet to an iron rod set; 2. 5 84'56'14"E 125.00 feet to an- iron rod set; and 3. 3 89'32'49"E 133.77 feet to an iron rod set at the beginning of a right breaking curve; THENCE leaving Gattis School Road, and crossing the Vance Tract, the following three (3) courses: 1. with said right breaking curve having a radius length of 25.00 feet and a chord which bears 5 44'33'56"E 35.34 feet to an iron rod set; S 00'24'58"W 175.26 feet to an iron rod set for the southeast corner -of the herein described tract of land; and 3. N 89'33'48"l 635.60 feet to an iron rod set in the west Line of the Vance Tract, same being the east line of said High Country Section Three, for the'southwest corner of the herein described tract of land; THENCE with the common line of the Vance Tract and said High Country Section Three, N 00'28101"W 274.98 feec to the PLACE OP BEGINNING. There are contained within these metes and bounds, 3.29 acres, more or less._ of land area, as . described from record information and measutueme.n'ts made tin the ground on February 9, 1996, by MCMinn.Land :$ura+eyri pony of Austin, Texas. ,1..'.a yV.i' ftas� tT4�.'a'h&eli•MCMinn, J/R.P_L.S. No. 4267 11/2'dd'iBld 'LaniAS'Urvey r(ig Company 423!Lr .pit;O9oad Springs Road, Suite 201 Austintexas' 78759 (512) 343-1970 7-, DATE SURVEY COUNTY J.O. No. NND0220A February 16, 1995 Samuel Jenkins, Abstract No. 347 Williamson, Texas. 022096 f.91RID'to WIWIXi. = 44shmmeOliata soaseAoasm`,- �y -a1 Docii 9619006 Da Rages: a 04-15-1?96 lime 02:53:47 n.(1. -lied a. Returned in Official Records of WILLIAMSON Countyn ;- ELAINE RIZZELL COUNTY CLERK Nee. T. 11.00 DCC. NO2 00039643 TRUSTEE'S DEED FILM CODE THE STATE OF TEXAS > 00004357168 COUNTY OF TRAVIS ) KNOW ALL MEN BY THESE PRESENT$ THAT; lir54 N11 )±3< .05/%1S178; .op nose 2 2 05/05/88 WHEREAS, John S. Lloyd, Trustee, an individual ('Mortgagor') executed that Deed oYs.'7..nxa Trust ('Deed of Trust') dated January 10, 1986 in favor of Jim Sackrider, Trustee, to secure'--'' ' payment of those two certain Prom:_;ory Notes ('Notes) dated of even date therewith in the original principal amounts of THREE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED FORTY AND NO/100 DOLLARS ($311,740.00) and ONE MILLION FOUR HUNDRED SEVENTY-THREE THOUSAND FIFTY-TWO HUNDRED AND NO/100 DOLLARS (51,473,052.00) executed by Mortgagor payable to the order of Mary Elizabeth Buck Vance, an individual ('Mortgagee') which Deed of Trac sou filed for record in Volume 9596, Page 934 of the Real Property Records of Travis County, Texas, and Volume 1298, Page 368, Cfficial Records of Williamson County, Texas, and coven certain real property situated in Travis County and Williamson County, Texas, more particularly described in Exhibit A attached hereto and made a part hereof ('Property') WHEREAS, said Notes and Decd of Trust were subsequently renewed and extended or rearranged by those two certain Renewal and Extension Agreeaeata ('Agreements') effective the 305 day of June, 1986, and recorded in Volume 9809, Page 62 and Volume 9981, Page 269 of the Real Property Records of Travis County, Tera; and WHEREAS, pursuant to the Agreements, Mortgagor promised m pay to the order of Mortgagee the principal amounts of NINE HUNDRED SEVENTY-SEVEN THOUSAND TWO HUNDRED THIRTY-SIX AND THREE/100 DOLLARS (5977,236.03) and FIVE HUNDRED SEVENTY.ONE THOUSAND SEVEN HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS (5571,72100); and WHEREAS, the rights of Mortgagee to be paid to principal amount of 5571,728.00 by Mortgagor were subsequently assigned to Melvin C. Lockwood and wife, Maxine Lockwood, ('Assignees'); and WHEREAS, Mortgagee and Assigaecs aro the current owner and holders of all right, title and interest under the Notes, the Agreements and the Deed of Trust and WHEREAS, default has been made in the payment of said Notes, and Mortgagee and Assignees, the present owners and holders of said Notes, have declared the Notes to bo fully due and payable, have given all required notices, if any, demanded paymcu of the note; and have requested the undersigned to sell the Property, described in Exhibit A, attached, to satisfy the indebtedness secured by aid Deed of Trust, as provided for therein. WHER sale at the ccourthousesd000r Trustee, the Couhave nty Cted ourt ouse of Travisor canted to be written ice Austin. said Texas and Williamson County, Texas inCounty,seas. - 21 Georgetown, Texas for at last twenty-one after consecutive days next before the day of said sale, which notice stated that I, as Trustee, after due posting, filing. sad mailing of such notice, as repaired by the Deed of Trust and the laws of the State of Texas, would sell the Property at public auction at the courthouse of Travis County, Texas, its the area desia,:ued in such notice, on May 3, 1988, beginning no earlier than 1:00 o'clock p.m., and in on event beginning later than three (3) hour thereafter, to the highest bidder for auk; tech notice as posted was also filed with the County Clerk of Travis County, Texas and Williamson County, Texas, according to the laws of the Stam of Texas and all requisite filing fees in connection therewith were paid; in addition to the forogiag posting and filing of notices, written notice in accordance with the laws of the State of Texas was given as to the time, plate and terms of sale and the Property to be sold, to each debtor obligated to pay the Notes, as renewed and extended or rearranged by the Agreements, by depositing in the United States mail at least twenty-one (21) days before the day of sale described above, a copy of such notice in an envelope with postage prepaid, addressed to each such debtor at seek debtor's last knows address according to the record' of the Noteholder, and each sack mailing was seat certified mail, return receipt requital. WHEREAS, at such sale, the Property was sold by me as follows To Mary Elizabeth Buck Vanx ('Grantee') an undivided %*961/1,532,803 interest in the Property, described in Exhibit A, attached To Melvin C. Lockwood and wife, Maxine Lockwood ("Grantee) an undivided 563,135/1,532;503 interest in the Property, described in Exhibit A, attached. REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 10672 0381 The Greatees, bidding as one, were the beat and highest bidder for cash at suck sale, and the aid sum was the best and highest bid for ash at such sale for the Property, described in Exhibit A, attached NOW, THEREFORE, 1, Jim Sackrider, Trustee, of Travis County, Texas, by virtue of the power granted to me ander the Dad of Trust and in coaside:atlas of the foregoing premise ad of the am of S 1,532,103.00 -=id by the Grantees, the receipt of which is hereby acknowledged and which am I have applied pursuant to the arms of the Deed of Trait, have GRANTED, SOLD, and CONVEYED, and by tae present. do GRANT, SELL, and CONVEY, the Property unto the eine" The address of Gnats, hfary Elizabeth Buck Vance, is 401 Skyline Drive, Austin, Texas 78746. The addren of Grantee, Melvia C. Lockwood and wife, Maxine Lockwood, is Rt 2, Box 207, Taylor, Tau 76574. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto is anywise belonging. unto the Grantees and the Gnntea' heirs, canton, administrators, successors and assigns forever; and for and an behalf of the Mortgagor. and the Mo:pger's heir, enemas, administrators, successors and assigns, I do hereby bind the Mortgagor and the Morttigor's heirs, exactor; administnton, successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property, insofar an is' iorlxcd by the Dee.: of Trust, unto the Grantees, the Gaanteea' heir, executors, administrator; 'occasion and assigns, against every pence whomsoever lawfully claiming or to claim the some or any part thereof. WITNESS my hand this 3ene,, day of May, 1988. THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this 3041 day of May, 1988 by Jim Sackrider, in his capacity as TRUSTEE Sawa pis lea sles Iketake Sun WSW agars Mb seas at Capon Arty, yen MN r qq�� Notary Public . STATE OF TEXAS s"4t My Commission Expire*. 5—'1-8% Arau,ua etrutAbowera Printed or Typed Name of Notary REAL VSNTMEAComfit 10672 0382 EXHIBIT "i" FIELD NOTES FIELD NOTES for 120.71 scree of land, more or less, out of the Samuel Jenkins Survey No. A-347 in Williamson County, Texas. and Same). Jenkins Survey No. A-440 in Travis County, Texas, and being re particularly described by metes and bounds as follows: BEGINNING at an iron pin, set, being the Northeast corner of a 136.25 acre tract of land, conveyed by Floy Howe to William Dean Howe, as recorded in Volume 2839, Page 533, Deed Records of Travis County, Texas, and being the Northwest corner of a 362.14 acre tract of land, said tract being the a,"me as conveyed by Hrs. Callie Denison and husband to Hrs. Jennie Pope as recorded in Volume 512, Page 132-133. Deed Records of'ililliaason County, Texas, also being located in the South Right -of -Way line of Gattis School Road and being the Northwest corner of Subject tract; TOENcE along the South Right -of -Way line of Gattis School Road' for the following three (3) courses: S78' 50' 00" E, 362.32 feet to an iron pin, set, 2. S 84' 28' 30" E. 125.00 feet to an iron pin, see, 3. S 89. 05' 00" E. 1104.87 feet to an iron pin, set, being located on the Horth line of the above 362.14 acre tract and being the Northeast corner of subject tract; THENCE leaving the South Right -of -Way line of Gattis School Road and the North line of the above 362.14 acre tract S 00' 00' 00" N for a distance of 3356.68 feet to an iron pin, set, being a point located on the North line of a tract of land described in Volume -3779, Page 2326, Deed Records of Travis County, Texas, also being a point located on South line of the above 362.14 acre tract and being the Southeast corner of subject tract; THENCE along the South line of the 362.14 acre tract for the following three (3) courses: 1. S 89' 13' 00' W, 222.60 feet to an iron pin, set, 2. H 27' 07' 00" E. 68.83 feet to an iron pin, set. 3. N 89. 01' 0D" W, 1393.61 feet to an iron pin, found, being located on the North line of a tract of land described in Volume 560. Page 261, Deed Records of Travis County, Texas, also being the Southeast corner of a tract of land described in Volume 6407, Page 1898, Deed Records of Travis County, Texas, being also the 'Southwest earner of the above 362.14 acre tract and the Southwest corner of subject tract; THENCE along the West line of the above 362.14 acre tract N 00' 00' 00" E, for a distance of 3374.42 feet to the PLACE OF BEGINNI.NG containing' 120.71 acres of land, more or less. I, L. Cordon Stearns, Registered Public Surveyor, do hereby certify that the courses, distances and area shown herein were determined by a survey on the ground and are true and correct. No encroachments were Lound. Given under my HAND AND SEAL, his the 6tn uay wi noses'. 1985. A.D. ' • L 601001 WARNS Y'. -L. GORDON STEARNS Registered Public Surveyor No. 2467 11303 Tedford Street Austin, Texas 78753 Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN November 18, 2002 Provision of Service: 1. WATER SERVICE 2. WASILWATERSERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED 3.29 acres of land (Walgreens Tract) 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. Walgreens Tract Annexation 0 cc J O 0 t0 CO CO E RED BUD LN CALICO BUSH LN TANDI TRL HIGH COUNTRY BLVD 1 z J F- D 0 CO Q 0 z D N Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN November 18, 2002 3.29 acres of land (Walgreens Tract) 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. c O N C c U N LL r c a) 4) ea RED BUD LN aill 1 0 J O 0 I U C7 CALICO BUSH LN TANDI TRL HIGH COUNTRY BLVD ROUNDABOUT LN DATE: November 27, 2002 SUBJECT: City Council Meeting — December 5, 2002 ITEM: 7.B.1. Consider an ordinance annexing 3.29 acres of land, more or less, out of the Samuel Jenkins Survey, Abstract No. 347, in Williamson County, Texas. (Walgreens Tract) (First Reading) 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: Mary Elizabeth Buck Vance Impact: Fire and police. Benefit: Increase in availability of commercial development and ad valorem and sales tax base. Public Comment: None required for annexation in accordance with the Section 43.028 of the Texas Local Government. Sponsor: Planning and Community Development Department RECORDED DOCUMENT FOLLOWS F=°3S 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 -02-12- 05-7B1, which was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 5th day of December, 2002, as recorded in the City Council minutes, Book 48. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 9th day of January 2003. watney,e. Pio ti„� CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. I I - 004 -' -(13- 781 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.29 ACRES OF LAND, MORE OR LESS, OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, 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 3.29 acres of land, more or less, out of the Samuel Jenkins Survey, Abstract No. 347, 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 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 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. 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 ,fday of pp , 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: h&2. City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 5 ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits sol 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. 'yn 0 1)24;'a &- k % STATE OF TEXAS COUNTY OF WILLIAMSON This instrumq*f was ackn 2007— by L� fore me on the I' day of MOQab ,f ary Public, State of Texas EXHIBIT DESCRIPTION Or 3.2. ACRES, MORE OR LESS• OF LAND AREA. I1: TOE SAMUEL JENKINS SURVEY, ABSTRACT NO_ 347, IN HILLXAMSON COD!ITY, TEXAS. ANC BEING A PORTION -OF THAT 120_71 ACRE TRACT OF LAND DESCRIBED IN A TRUSTEE'S DEED DATED MAY 3, 1989 FRO,' 219 SACERIDER, TRUSTEE. TO MARY ELIZABETH BUCKVANCE, ET ALIOS, AS RECORDED IN VOLUME 10672, PAGE 3E1, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND -BEING MORE PARTICULARALY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set in the south line of Gattis School Road, for the northwest corner of the aforereferenced Vance Tract, same being the northeast corner of High Country Section Three, a subdivision in, Williamson County, Texas, as recorded in Cabinet L, Slide 300, Plat Records of Williamson County, Texas, and being the northwest corner of the herein described tract of land; THENCE leaving the PLACE OF BEGINNING and said Blab Country Section Three, with the common line of Gattis School Road and the Vance Bract as described in the Vance' Deed, the following three (3) courses:. 1. 5'79"1'7'44"E 362.32 feet to an iron rod set; 2. 5 84°56'14"E 125.00 feet to an iron rod set; and 3. S 89°32'49"E 133.77 feet to an iron rod set at the beginning of a right breaking curve; THENCE leaving Gattis School Road, and crossing the Vance Tract, the following three (3) courses: 1, with said right breaking curve having a radius length of 25.00 feet and a chord which bears S 44°33'56"E 35.34 feet to an iron rod set; S 00°24'58"W 175.26 feet to an iron rod set for the southeast corner -of the herein described tract of land; and 3. N 89"33'48"W 635.60 feet to an iron rod set in the west line of the Vance Tract, same being the east line of said High Country Section Three, for the -southwest corner of the herein described tract of land; THENCE with the common line of the Vance Tract and said High Country Section Three, N 00°28'01"W 274.98 feet to the PLACE OF BEGINNING. There are contained within these metes and bounds, 3.29 acres, more or less, of land area, as . described from record information and measv,r-pm*rfts made on the ground on February 9, 1996, by HcMinn.Land JtuaveyfFyy- lg pony of Austin, Texas. A .f g;-M,.r.,, z\fp:dc'hael ricH'inn, Jr R-P_L.S. No. 4267 t44.c.P,'[fdne5urvey• g Company . 421k I$.piepWbud Springs Road, Suite 201 Austinxas- 78759 (512) 343-1970 DATE February 16, 1995 SURVEY Samuel Jenkins, Abstrnct No. 347 COUNTY Williamson, Texas. • J.O. No. 022096 31E00220A • T,cf ' C•5L r,;...•, PAGIVOCWILL RED^.lfP b ha WrIlfirscri Grit, 50ndDII[m4 Docit 9619006 pages: 2 Date : 04-1E-1296 gime 02:53:47 n.7 a lied 3 Re:ored in Official ReTurds of 97LIANSUN count,: - 5LRIME BJZZELL CO(INTY CLERK aec. __,JO 'pF;'�l�i) nri ;M1Y�heI tmiat�.;.ki DOC. m: 00039643 TRUSTEE'S DEED FILM CODE THE STATE OF TEXAS ) 00004357168 COUNTY OF TRAVIS ) KNOW ALL MEN BY THESE PRESENTS THAT: 1034 on p5t4 V.00 MU WHEREAS, John S. Lloyd,Trustee,2 w5. p0C` an individual ('Mortgagor•) executed that Deed oT-..��J3 Treat ('Deed of Trost, dated January 10, 1986 is favor of Jim Sackrider, Trustee, to secure-- payment of those two certain Prom:.:nry Notes ('Notes') dated of even date therewith in the original principal amounts of THREE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED FORTY AND NO/100 DOLLARS (3311,74000) and ONE MILLION FOUR HUNDRED SEVENTY.THREE THOUSAND FIFTY-TWO HUNDRED AND NO/100 DOLLARS (31,473,052.00) executed by Mortgagor payable to the order of Mary Elizabeth Buck Vance, an individual ("Mortgagee') which Deed of Trust was filed for record in Volume 9596, Page 934 of the Real Property accords of Travis Couary, Texas, and Volume 1298, Page 368, Cfficial Records of Williamson County, Texas, and coven grain real property situated in Travis County and Williamson County, Texas, more particularly described in Exhibit A attached hereto and made a part hereof ('Property,. WHEREAS, mid Notes and Deed of Trust were subsequently renewed and extended or rearranged by those two certain Renewal and Extension Agreements ('Agreements') effective t269he3f theay of hat, Real Property and recorded in Volume 9809, Page 62 and Volume 9961, Page roperty Records of Travis County, Texan, and WHF-R S, pursuant to the Agreements, Mortgagor promised to pay to the order of Mortgagee �priincipal amountsf NINE HUNDRED SEVENTY-SEVEN THOUSAND TWO HUNDRED THIRTY-S1X AND THREE/100 DOLLARS (3977,236.03) and FIVE HUNDRED SEVENTY-ONE THOUSAND SEVEN HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS (5571,723.00) and WHEREAS, the rights of Mortgagee to bc paid the principal amount of 3571,728.00 by Mortgagor were subsequently assigned to Melvin C. Lockwood and wife, Maxine Lockwood, rAmigneeek and title andinterest WHEREAS, Se Notes, the Agreements and thgee and Assignees are the e Deed of Trus and t owners and den of all right, WHEREAS, default has been made in the payment of said Notes, and Mortgagee and Assignees, the present owners and holders of said Notes, have declared the Notes to be folly due and payable, have given all required notices, if any, demanded laymen; of the nom;, and have requested the undersigned to sell the Property, described in Exhibit A, attached, to satisfy the indebtedness secured by said Deed of Treat, as provided for therein. WHEREAS, I, as Trustee, have posted (or caused to be posted) written notice of said sale at the courthouse door of the County Courthouse of Travis County, Texas, in Austin, Texas and W)Hiamsom County, Texas in Georgetown, Texas for at least Meaty -one (21) consecutive days next before the day of mid ala which aotiee sated that 1, as Trustee, after due posting, filing, and mailing of such notice, as required by the Deed of Trust and the laws of the State of Texas, would sell the Property at public auction at the courthouse of Travis Cowry, Texas, In the area desig.sted in such notice, on May 3. 1983, beginning no asifer than 1:00 o'clock p.m., and in 50 event beginning lata than three (3) hours hereafter, to the highest bidder for ash; such notice as posted was also filed with the County Clerk of Travis County, Texts and Williamson County, Teat, accordiag to the laws of the State of Texas and an requisite filing fees in connection therewith were paid; in addition to Me foregoing posting and filing of notice, written maim in accordance with the Uwe of the State of Taxes was given as to the time, place and terms of sale and the Property to ba aid, to each debtor obligated to pay the Note, as renewed and extended or reerrunged by the Agreements, by depositing in the United Sates mail at least twenty -we (21) days before the day of ale described above, a copy of such notice in an envelope with postage prepaid, addressed to each such debtor al such debtor's last known address according to the mord, of the Noteholder, and each sock nailing was sent certified mail, reap receipt requested. WHEREAS, at such sale, the Property was sold by mc as follows; To Mary Elizabeth Buck Vane ('Gama') an undivided 968968/1,532,803 latest in the Property, described in Exhibit A, attached MNvia C. and wife, Maxim Lockwood an undivided 563,835/1,53Z1103 inntterest in the Property described ("Grantee, Exhibit A, attached. REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 10672 0381 The Grantees. bidding as one, were the best and highest bidden for cash at sack ale, and the said sum was the bat asd highest bid for cash at such sale for the Property, described in Exhibit A, =Cached. NOW, THEREFORE, I, lint Sackrides, Trustee, of Travis Corny, Tens, by virtue of the power gaatcd to me ander the Decd of Trust and in considesatioa of the foregoing premises and of the nm of S 1,532,803.00 d by the Grantees, the receipt of which is hereby acknowledged and which ser 1 have applied pant to the tams of the Deed of Trost, have GRANTED. SOLD. and CONVEYED, and by them presents do GRANT, SELL, sad CONVEY, the Property pato the Clnatea. • The address of Grantee, Mary Elisabeth Buck Vance, is 401 Skyline Drive, Austin, Texas 78746. The adds= of Grantee, Melvia C. Lockwood and wife, Maxine Lockwood, is RL 2, Box 207. Taylor, Tens 76574. TO HAVE AND TO HOLD the Property, together with all sad simpler the rights and appurtenances thereto is anywise belonging, unto the Granted and the Grantees' heirs, exaatan, admiaisttamrs, somas= and assigns forever, and Its and on behalf of the Menges. and the Mos:gagm's heirs, exaaten, sdmisMtntor, asceamon sad assigns, I do Morn bind the Mergapr sad the Mmtdgm'a heim, exactors, adminiftraton, summon and nsips to WARRANT AND FOREVER DEFEND, ell and simpler, the Property, insofar as is authorized by the Dee! aI Trost, sato the Grantees, the Grantees' heir, executors, administrators. successors ad .rips, against every person whomsoever lawfu y claiming or to claim the same or any part thereof. WITNESS my hand this 3¢e,. day of May, 198g. THE STATE OF TEXAS ) COUNTY OF TRAWLS • This instrument was acknowledged before me on this 3'4 day of May, 1988 by Bin Sackrider, in his capacity as TRUSTEE. ' After am, piss nen ft: x.awwt IN MOWS Deems ear sant at C..mw. Ana Ta.. Mier VATnta 4br4R r ett Notary Public - STATE OF TEXAS My Commission E�`xoirr. 5-i - it% Areikue. HnRp9owwc, Printed or Typed Name of Notary REAL PROpMRTY RECORDS TRAVIS COUNTY. TEXAS 10672 0382 EIIIIBIT "1" FIELD NOTES FIELD NOTES for 123.71 acres of land, more or less, out of the Samuel Jenkins Survey No. A-347 in Williamson County, Texas, and Samuel Jenkins Survey No. A-440 in Travis County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin, set, being the Northeast corner of a 136.25 acre tract of lend, conveyed by Floy Howe to William Dean Howe, as recorded in Volume 2839, Page 533, Deed Records of Travis County, Texas, and being the Northwest corner of a 362.14 acre tract of land, said tract being the ante as conveyed by Hrs. Callie Denison and husband to Nrs. Jennie Pope as recorded in Volume 512, Page 132-133, Deed Records of -Williamson County, Texas, also being located in the South Right -of -Way line of Cattis School Road and being the northwest corner of Subject tract; TILEhcE along the South Right -of -Way line of Cattis School load - for the following three (3) courses: 5 78' 50' 00" E, 362.32 feet to an iron pin, set, 2. S 84' 28' 30" E. 125.00 feet to an iron pin, set, 3. S 89' 05' 00" E. 1104.87 feet to an iron pin, set, . being located on the North line of the above 362.14 acre tract and being the Northeast corner of subject tract; THENCE leaving the South Right -of -Way line of Cattis School Road and the Borth line of the above 362.14 acre tract S 00' 00' 00" N for a distance of 3356.68 feet to an iron pin, set, being a point Located on the North line of a tract of land described in Volume -3779, Page 2326, Deed Records of Travis County, Texas, also being a point located on South line of the above 362.14 acre tract and being the Southeast corner of subject tract; THENCE along the South line of the 362.14 acre tract for the following three (3) courses: 1. S 89' 13' 00' W, 222.60 feet to an iron pin, set, 2. 11 27' 07' 00" E. 68.83 feet to en iron pin, set, 3. N 89' 01' 00" W, 1393.61 feet to an iron pin, found, being located on the North line of a tract of land described in Volume 560, Page 261, Deed Records of Travis County, Takes, also being the Southeast corner of a tract of land described in Volume 6407, Page 1898, Deed Records of Travis County, Texas, being also the 'Southwest corner of the above 362.14 acre tract and the Southwest corner of subject tract; THENCE along the West line of the above 362.14 acre tract N 00' 00' 00" E, for a distance of 3374.42 feet to the PLACE OF BEGINNING containing -120.71 acres of land, more or less. I, L. Cordon Stearns, Registered Public Surveyor, do hereby certify that the courses, distances and area shown herein were determined by a survey on the ground end are true and correct. No encroachments were tound. Given under my Mud AND SEAL, his the 6tn tiny vi Augue6 til /G 1985 A.D. ' • 61* y'�i+'S71D s aim S.„...S.. L 601D88 SIGRNS G 2 IC .W e • ca:• -44 C I 37EX93YAA -L. GORDON STEARNS Registered Public Surveyor No. 2467 11303 Tedford Street Austin, Texas 78753 10672 0383 Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN November 18, 2002 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 3.29 acres of land (Walgreens Tract) 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. c 0 cu X 4) c c Q U N L 1--- N c 0 4) L a) co /1 ( 2 /2 or)- 713 7:11:O n R755 OFFICIAL PUBLIC RECORDS 01-15-206-08:22 AM 2003003688 MSTANLEY $35.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Plats ei re,-Euxn -1-01 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664