Loading...
A-02-12-05-7B3 - 12/5/2002ORDINANCE NO. A" Dd " I a - o - 03 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 16.381 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, 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 1.795 acres and a tract of land containing 14.586 acres, totalling 16.381 acres of land, more or less, out of the Joseph Marshall Survey, Abstract No. 409, in Williamson County (the "Property"), more fully described in Exhibits "A-1" and "A-2", 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 ::oDna\WORLDOX\o.\woox\ORDI"A"C\ozizosa3.wn"/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 Exhibits "A-1" and "A-2" 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 5` 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: L WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 5 STAN COALTER ItPLS. LSIS CARLA SHIPMAN OFFICE. MANAGER J.S. COALTER & ASSOCIATES REGISTERED PROFESSIONAL. LAND SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES 905 N. 111 35. SUPrE 108 ROUND ROCK. TEXAS 78001 (512) 255-8211 TE LEI'I IONE (512( 255-8263 FACSIMILE BEING 1.795 ACRES OF LAND QUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122 VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY AND RECORDED IN VOLUME , PAGE COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west line of County Road No. 122 and being the northwest corner of that portion of said road vacated by the Commissioner's Court of Williamson County as aforesaid; THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned portion of said road to an iron rod found; THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63 feet with a curve to the left, said curve having a central angle of 8° 42' 39", a radius of 609.27 feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at the northeast corner of said abandoned portion of said road in the west line of that certain 110 acre tract of land described in a deed to W. G. Barnes recorded' in Volume 311, Page 218, Deed Records of Williamson County; THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its intersection with the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984; THENCE with the line of said Round Rock City Limits, the following described two (2) courses and distances: 1) An arc distance of 178.23 feet with a curve to the left, said curve having a central angle of 00° 52' 20", a radius of 11709.16 feet, a chord distance of 178.23 feet and a chord bearing of S 75° 27' 07" W to the point of compound curvature, and; 2) An arc distance of 30.42 feet with a curve to the left, said curve having a central angle of 00° 09' 31", a radius of 10993.12 feet, a chord distance of EXHIBIT A-1 30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east line of that certain tract of land called 1.837 acres described in a deed to Williamson County for the relocation of County Road No. 122; THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and distances: 1) An arc distance of 32.48 feet with a curve to the right, said curve having a central angle of 00° 39' 40", a radius of 2815.00 feet, a chord distance of 32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found; 2) An arc distance of 346.66 feet with a curve to the right, said curve having a central angle of 38° 59' 55", a radius of 509.30 feet, a chord distance of 340.00 feet and a chord bearing of N 12° 30' 15" E, and; 3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing 1.795 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100A J.S. COALTER & ASSOCIATES STAN COAI:rER 805 N. 111 35. SUITE 108 [(PLS. 1.51.5 REGISTERED PROFESSIONAL LAND SURVEYOR ROUND ROCK. TEXAS 78064 LICENSED STATE LAND SURVEYOR CARI.A SHIPMAN (512) 255-R211 TELEPHONE OFFICE MANAGEti (512) 255-8203 FACSIMILE FIELD NOTES BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984, from which the southwest corner of said 44.96 acre tract bears S0°25'47"W a distance of 202.08 feet; THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest corner hereof; THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the northeast corner hereof in the west line of that certain tract of land called 1.837 acres described in a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the Official Public Records of Williamson County; THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and distances: 1) An arc distance of 191.59 feet with a curve to the right, said curve having a central angle of 21° 33' 13", a radius of 509.30 feet, a chord distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to an iron rod found; 2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found; 3) An arc distance of 414.56 feet with a curve to the left, said curve having a central angle of 38° 59' 00", a radius of 609.30 feet, a chord distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to an iron rod found at the point of compound curvature, and; 4) An arc distance of 47.28 feet with a curve to the left, said curve having a central angle of 0° 55' 46", a radius of 2915.00 feet, a chord distance of 47.28 feet and a chord bearing of S 7° 27' 15" E to a point in the north line of said 32.72 acre tract; EXHIBIT A-2 THENCE with the north line of said 32.72 acre tract, an to the left, said curve having a central angle of 3° 37' distance of 696.35 feet and a chord bearing of S 72° containing 14.586 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100B arc distance of 696.47 feet with a curve 48", a radius of 10993.12 feet, a chord 30' 59" W to the Place of Beginning, 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 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 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by 6. fO 8A17 this j 4 day of No VBCd 200$; A.D. G) Public, State of Texas THENCE with the north line of said 32.72 acre tract, an to the left, said curve having a central angle of 3° 37' distance of 696.35 feet and a chord bearing of S 72° containing 14.586 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100B arc distance of 696.47 feet with a curve 48", a radius of 10993.12 feet, a chord 30' 59" W to the Place of Beginning, vnI 1(195 PAfi 752 WARRANTY DEED WITH VENDOR'S LIEN 38685 STATE OF TEXAS 1 S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON i That JOHN RAYMOND AREND and wife, PATRICIA A. AREND, (herein referred to as Grantor, whether one or more) of the County of Tulsa and State of Oklahoma for and in consideration of the sum of TEN AND NO/100 DOLLARS (510.00) 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 Grantee's one (1) certain promissory note of even date herevith in the principal sum of ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($1,250,000.00), payable to the order of CHASE NATIONAL BANK, at its office in Austin , Travis County, Tr/rrty , 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 JACK WADE, Trustee, Grantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto TEXAS RAINBOW COMPANY, a Texas Corporation, (herein referred to as Grantee, whether one or more) of the County ofTrevi,‘ and State of Texas, all of the following described real property in Williamson County, Texas, to -wit: BEING 44.96 acr `'but of the Joseph Marshall Survey, A-409, Williamson County, Texas, more fully described on Exhibit "A" 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, Grantee's heirs, successors and assigns forever; and Grantor hereby binds Grantor, Grantor's heirs, executors, administrators, successors and ase ins to WARRANT AND FOREVER DEFEND all and singular the said premises unto --(be said Grantee, Grantee's heirs, successors 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. CHASE NATIONAL BANK at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein described property as is evidenced by the hereinbefore described $1,250,000.00 note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said CHASE NATIONAL BANK, and the acme are hereby TRANSFERRED and ASSIGNED to said CHASE NATIONAL BANK. This conveyance is made, delivered and accepted subject to the payment of ad valorem taxes assessed against the property conveyed for the current year, all restrictions, covenants, any outstanding royalty and mineral reservations, conditions and easements of record affecting said property,.and any and all zoning laws, regulations and ordinances of municipal and/or other governmental authorities affecting said property. EXECUTED this ,� day of November PATRICIA A. ND OFFICIAL RECORDS • Name: Address: STATE OP TEXAS RAINBOW COMPANY k.±.2 t n 44 1\1- 134 1 COUNTY OR'Its a4n n (A., ) 1 Y0l 1095PA.t753 a : , 1'hie.'lnatrument was acknowledged before me on November L 1984 by JOHN .,: 1tAYMOHD AREND and wife, PATRICIA A. AREND. Notary uta ;t, S atefih .• (Printed or typed name of notary) My commiaaion expires: /01') KS EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF AND A PART OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 AND OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS CONTAINING 64.94 ACRES, MORE OR LESS, IN A DEED OF GIFT FROM V. A. SOUTHERN TO MARIE SOUTHERN, DATED AUGUST 12, 1965, RECORDED IN VOLUME 480, PAGE 350 OF THE DEED RECORDS OF WILLIAMSON COUNTY,2EXAS, SAID 44.96 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe set in the West line of a County Road, which point is 972.3 feet South of the N. E. corner of the 54.94 acre tract, and being the S. E. corner of the 20 acre tract described in a Deed from Marie Southern to Gary Wayne Scott, dated September 25, 1972, recorded in Volume 556, Page 176 of the Deed Records of Williamson County, Texas; .s6 THENCE South 00°-04'-$4" East, a distance of 2,053.08feet to an iron pipe set in the North right-of-way line of U. S. Highway No. 79, for the S. E. corner hereof marking the beginning of a curve to the left; THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 85.00 feet, a curve whose radius is 11518.97 feet, a chord which bears South 730-13'-26" West, a distance of 85.00 feet to a iron pin found marking the beginning of a curve to the left; THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 856.92 feet, a curve whose radius is 10803.12, a chord which bears South 72°-27'-58" West, a distance of 856.70 feet to a iron pin found at the base of a fence corner post, marking the South West corner; THENCE North 00°-02' West, a distance of 2322.73 feet, with the existing fence to a iron pin found marking the North West corner; THENCE North 89°-10'-15" East a distance of 896.80 feet to the place of the BEGINNING containing 44.96 acres of land more or less. FILED FOR RECORD I°pb NDV —2 P;{ 3: I6 STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this Instrument was FILED on the date and at the time stamped hereon by Pia of to duty dERREECORDS1of the bmson County, Texas, as stamped hereon by me,' on NOV 5 1984 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 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. R R i Cx.as Ray,yge Owner Owner *d SUBSCRIB D AND SWORN T9 BEFORE ME, a notary public, by (.7• Z <} 67 this / day of /NOVO zcaz e , 200'A.D. ary Public, State of Texas J.S. COALTER & ASSOCIATES STAN C /Al:rER 905 N. 111 35. SUITE 108 In 'LS. USES RE 1IS'1'6RE1) PROFESSIONAL LAND SURVEYOR Rol ROCK. TEXAS 7880,1 LICENSED STATE LANDS( TRVE:YOR (IARIA SHIPMAN OFFICE MANAGER FIELD NOTES (512) 255-8211 TELEPHONE (512) 255-8203 FACSIMILE BEING 1.795 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122 VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY AND RECORDED IN VOLUME , PAGE COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west line of County Road No. 122 and being the northwest corner of that portion of said road vacated by the Commissioner's Court of Williamson County as aforesaid; THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned portion of said road to an iron rod found; THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63 feet with a curve to the left, said curve having a central angle of 8° 42' 39", a radius of 609.27 feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at the northeast corner of said abandoned portion of said road in the west line of that certain 110 acre tract of land described in a deed to W. G. Barnes recorded' in Volume 311, Page 218, Deed Records of Williamson County; THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its intersection with the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984; THENCE with the line of said Round Rock City Limits, the following described two (2) courses and distances: 1) An arc distance of 178.23 feet with a curve to the left, said curve having a central angle of 00° 52' 20", a radius of 11709.16 feet, a chord distance of 178.23 feet and a chord bearing of S 75° 27' 07" W to the point of compound curvature, and; 2) An arc distance of 30.42 feet with a curve to the left, said curve having a central angle of 00° 09' 31", a radius of 10993.12 feet, a chord distance of 30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east line of that certain tract of land called 1.837 acres described in a deed to Williamson County for the relocation of County Road No. 122; THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and distances: 1) An arc distance of 32.48 feet with a curve to the right, said curve having a central angle of 00° 39' 40", a radius of 2815.00 feet, a chord distance of 32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found; 2) An arc distance of 346.66 feet with a curve to the right, said curve having a central angle of 38° 59' 55", a radius of 509.30 feet, a chord distance of 340.00 feet and a chord bearing of N 12° 30' 15" E, and; 3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing 1.795 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100A vni 1(195P*ri752 WARRANTY DEED WITH VENDOR'S LIEN 38685 STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON S That JOHN RAYMOND AREND and wife, PATRICIA A. AREND, (herein referred to as Grantor, whether one or more) of the County of Tulsa and State of Oklahoma for and -in consideration of the sum of TEN AND NO/100 DOLLARS (510.00) 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 Grantee's one (1) certain promissory note of even date herewith in the principal sum of ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($1,250,000.00), payable to the order of CHASE NATIONAL BANK, at its office in Austin Travis County, Tem , 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 JACK WADE, Trustee, Grantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto TEXAS RAINBOW COMPANY, • Texas Corporation, (herein referred to as Grantee, whether one or more) of the County of p,.a„1q and State of Texas, all of the following described real property in Williamson County, Texas, to -wit: BEING 44.96 acr gout of the Joseph Marshall Survey, A-409, Williamson County, Texas, more fully described on Exhibit "A" 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, Grantee's heirs, successors and assigns forever; and Grantor hereby binds . -Grantor, Grantor's heirs, executors, administrators, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto -At said Grantee, Grantee's heirs, successors 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 Dote and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. CHASE NATIONAL BANK at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein described property as is evidenced by the hereinbefore described $1,250,000.00 note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said CHASE NATIONAL BANK, and the same are hereby TRANSFERRED and ASSIGNED to said CHASE NATIONAL BANK. This conveyance is made, delivered and accepted subject to the payment of ad valorem taxes assessed against the property conveyed for the current year, all restrictions, covenants, any outstanding royalty and mineral reservations, conditions and easements of record affecting said property, and any and all zoning lave, regulations and ordinances of municipal and/or other governmental authorities affecting said property. EXECUTED this � day of November, . Name: TEXAS RAINBOW COMPANY Address: qd.-1 Qet,, tap ' STATE OF .4.41.6.7) COUNTY OP' 'y��Q • ate• 1 1 1 vni 1095PAGE 753 T . '; This'instrument vu acknowledged before me on November 1984 by JOHN RAYMOND AREMD and wife, PATRICIA A. AREND. b kJeilh Notary Yubl;c, Spite k.)a.4 IC (Printed or typed name of nytayy) , My commission expires: f0 9,3 .EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF AND A PART OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 AND OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS CONTAINING 64.94 ACRES, MORE OR LESS, IN A DEED OF GIFT FROM V. A. SOUTHERN TO MARIE SOUTHERN, DATED AUGUST 12, 1965, RECORDED IN VOLUME 480, PAGE 350 OF THE DEED RECORDS OF WILLIAMSON COUNTY,_'PEXAS, SAID 44.96 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe set in the West line of a County Road, which point is 972.3 feet South of the N. E. corner of the 64.94 acre tract, and being the S. E. corner of the 20 acre tract described in a Deed from Marie Southern to Gary Wayne Scott, dated September 25, 1972, recorded in Volume 556, Page 176 of the Deed Records of Williamson County, Texas; .ea THENCE South 00°-04'-54" East, a distance of 2,053.08feet to an iron pipe set in the North right-of-way line of U. S. Highway No. 79, for the S. E. corner hereof marking the beginning of a curve to the left: THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 85.00 feet, a curve whose radius is 11518.97 feet, a chord which bears South 73°-13'-26" West, a distance of 85.00 feet to a iron pin found marking the beginning of a curve to the lefts THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 856.92 feet, a curve whose radius is 10803 12, a chord which bears South 72°-27'-58" West, a distance of 856.70 feet to a iron pin found at the base of a fence corner post, marking the South West corner; THENCE North 00°-02' West, a distance of 2322.73 feet, with the existing fence to a iron pin found marking the North West corner; THENCE North 89°-10'-15" East a distance of 896.80 feet to the place of the BEGINNING containing 44.96 acres of land more or less. , FILED FOR RECORD 1284 ROY -2 p;{ S; 18 STATE OF TEXAS COUNTY OF WIWAMSON I hereby certify that this Instrument was PLED on the date and at;the time stamped hereon bendPaPig of nd to named RECORDS the lham�son County. Texas, as stamped hereon by me,' on NOV 5 1984 S7freC.44142:' Rainbow Tract Annexation . . . DATE: November 27, 2002 SUBJECT: City Council Meeting — December 5, 2002 ITEM: 7.B.3. Consider an ordinance annexing a tract of land containing 1.795 acres of land and a tract of land containing 14.586 acres of land totaling 16.381 acres of land more or less, out of the Joseph Marshall Survey Abstract No. 409, in Williamson County, Texas (General Commercial). (Rainbow Park Tract) (First Reading) Resource: Joe Vining, Planning Director History: These tracts lie immediately north of Highway 79 and east and west of County Road 122 at Hwy 79. 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: RR Texas Rainbow Company 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 Pg S 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- 05-7B3, 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. d - CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. A" 0- 0-05-763 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 16.381 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, 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 1.795 acres and a tract of land containing 14.586 acres, totalling 16.381 acres of land, more or less, out of the Joseph Marshall Survey, Abstract No. 409, in Williamson County (the "Property"), more fully described in Exhibits "A-1" and "A-2", 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 Exhibits "A-1" and "A-2" 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. it READ, PASSED, and ADOPTED on first reading this 5 day , 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: AtEyLuk '0) �. Air Lair"' WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 5 STAN COALTER RPLS. LSLS CARLA SHIPMAN OFFICE. MANAGER J.S. COALTEIZ & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES 905 N. 111 35. SUITE 108 ROUND ROCK. TEXAS 78661 (5121 255-8211 TELEPHONE (512) 255-8263 FACSIMILE BEING 1.795 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122 VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY AND RECORDED IN VOLUME , PAGE COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west line of County Road No. 122 and being the northwest corner of that portion of said road vacated by the Commissioner's Court of Williamson County as aforesaid; THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned portion of said road to an iron rod found; THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63 feet with a curve to the left, said curve having a central angle of 8° 42' 39", a radius of 609.27 feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at the northeast comer of said abandoned portion of said road in the west line of that certain 110 acre tract of land described in a deed to W. G. Barnes recorded in Volume 311, Page 218, Deed Records of Williamson County; THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its intersection with the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984; THENCE with the line of said Round Rock City Limits, the following described two (2) courses and distances: 1) An arc distance of 178.23 feet with a curve to the left, said curve having a central angle of 00° 52' 20", a radius of 11709.16 feet, a chord distance of 178.23 feet and a chord bearing of S 75° 27' 07" W to the point of compound curvature, and; 2) An arc distance of 30.42 feet with a curve to the left, said curve having a central angle of 00° 09' 31", a radius of 10993.12 feet, a chord distance of EXHIBIT b A-1 • • 30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east line of that certain tract of land called 1.837 acres described in a deed to Williamson County for the relocation of County Road No. 122; THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and distances: 1) An arc distance of 32.48 feet with a curve to the right, said curve having a central angle of 00° 39' 40", a radius of 2815.00 feet, a chord distance of 32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found; 2) An arc distance of 346.66 feet with a curve to the right, said curve having a central angle of 38° 59' 55", a radius of 509.30 feet, a chord distance of 340.00 feet and a chord bearing of N 12° 30' 15" E, and; 3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing 1.795 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100A STAN CC/ALTER RI'LS. 1 -SLS CARLA SHIPMAN UFFICE MANAGER J.S. COALTER & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES 905 N. IH 35. SUITE 108 ROUND ROCK. TEXAS 76664 (5121 255-8211 TELEPHONE 15121 255.6263 FACSIMILE BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984, from which the southwest corner of said 44.96 acre tract bears S0°25'47"W a distance of 202.08 feet; THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest corner hereof; THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the northeast corner hereof in the west line of that certain tract of land called 1.837 acres described in a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the Official Public Records of Williamson County; THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and distances: 1) An arc distance of 191.59 feet with a curve to the right, said curve having a central angle of 21° 33' 13", a radius of 509.30 feet, a chord distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to an iron rod found; 2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found; 3) An arc distance of 414.56 feet with a curve to the left, said curve having a central angle of 38° 59' 00", a radius of 609.30 feet, a chord distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to an iron rod found at the point of compound curvature, and; 4) An arc distance of 47.28 feet with a curve to the left, said curve having a central angle of 0° 55' 46", a radius of 2915.00 feet, a chord distance of 47.28 feet and a chord bearing of S 7° 27' 15" E to a point in the north line of said 32.72 acre tract; EXHIBIT A-2 THENCE with the north line of said 32.72 acre tract, an to the left, said curve having a central angle of 3° 37' distance of 696.35 feet and a chord bearing of S 72° containing 14.586 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100B arc distance of 696.47 feet with a curve 48", a radius of 10993.12 feet, a chord 30' 59" W to the Place of Beginning, Date: Annexation Area: EXHIBIT B PROVISION OF SERVICES PLAN November 18, 2002 16.381 acres of land (Rainbow Park 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. 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 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. RR T&&L RA-1411CLO el°t4t4A1,1 Owner Owner SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by G. fro ,¢ 17 this 14f& day of Nov FynBCd. 200$ A.D. Public, State of Texas SPAN C(,Ala'EIt RPI.s. LSLS CARLA SHIPMAN OFFICE MANAGER J.S. COALTER & ASSOCIATES REG IS'PERED PROFESSIONAL LAN I) SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES 005 N. 111 35_ SUITE 108 ROUND ROCK. TEXAS 78061 (512) 255-8211 TELEPHONE (512) 255(8263 FACSIMILE BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984, from which the southwest corner of said 44.96 acre tract bears S0°25'47"W a distance of 202.08 feet; THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest comer hereof; THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the northeast comer hereof in the west line of that certain tract of land called 1.837 acres described in a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the Official Public Records of Williamson County; THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and distances: 1) An arc distance of 191.59 feet with a curve to the right, said curve having a central angle of 21° 33' 13", a radius of 509.30 feet, a chord distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to an iron rod found; 2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found; 3) An arc distance of 414.56 feet with a curve to the left, said curve having a central angle of 38° 59' 00", a radius of 609.30 feet, a chord distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to an iron rod found at the point of compound curvature, and; 4) An arc distance of 47.28 feet with a curve to the left, said curve having a central angle of 0° 55' 46", a radius of 2915.00 feet, a chord distance of 47.28 feet and a chord bearing of S 7° 27' 15" E to a point in the north line of said 32.72 acre tract; THENCE with the north line of said 32.72 acre tract, an to the left, said curve having a central angle of 3° 37' distance of 696.35 feet and a chord bearing of S 72° containing 14.586 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100B arc distance of 696.47 feet with a curve 48", a radius of 10993.12 feet, a chord 30' 59" W to the Place of Beginning, vol 11195 nu 752 STATE OF TEXAS COUNTY OF WILLIAMSON WARRANTY DEED WITH VENDOR'S LIEN 38685 S KNOW ALL MEN BY THESE PRESENTS: S That JOHN RAYMOND AREND and wife, PATRICIA A. AREND, (herein referred to as Grantor, whether one or more) of the County of Tulsa and State of Oklahoma for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) 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 Grantee's one (1) certain promkesory note of even date herevith in the principal sum of ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($1,250,000.00), payable to the order of CHASE NATIONAL BANK, et its office in Austin , Travis County, Tem; , 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 JACK WADE, Trustee, Crantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto TEXAS RAINBOW COMPANY, a Texas Corporation, (herein referred to as Grantee, vhether one or more) of the County of15.,,.n, and State of Texas, all of the following described real property in Williamson, County, Texas, to -wit: BEING 44.96 ser `but of the Joseph Marshall Survey, A-409, Williamson County, Texas, more fully described on Exhibit "A" 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, Grantee's heirs, successors and assigns forever; and Grantor hereby binds Grantor, Grantor's heirs, executors, administrators, successors and ase gns to WARRANT AND FOREVER DEFEND all and singular the said premises unto ,ihe said Grantee, Grantee's heirs, successors 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. CHASE NATIONAL BANK at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the h • described property as is evidenced by the hereinbefore described $1,250,00000 note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said CHASE NATIONAL BANK, and the same are hereby TRANSFERRED and ASSIGNED to said CHASE NATIONAL BANK. This conveyance is made, delivered and accepted subject to the payment of ad valorem taxes assessed against the property conveyed for the current year, all restrictions, covenants, any outstanding royalty and mineral reservations, conditions and easements of record affecting said property, and any and all Boning laws, regulations and ordinances of municipal and/or other governmental authorities affecting said property. EXECUTED this le( day of November AREND / OFFICIAL RECORDS PATRICIA A. ND Name: Address: STATE OF TEXAS RAINEOW COMPANY �i� laD COUNTY OP' 1i1%40rn r <uv.) 3 s vD' 1035 Part753 thie,'lestrument vis acknowledged before me on November .,: AYHOND AREND and wife, PATRICIA A. AREND. 1984 by JOHN Je Notary Publ4c, S ateth (Printed or typed name of ngqtaTjy) Hy commission expires: /OI;jIii3 EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF AND A PART OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 AND OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS CONTAINING 64.94 ACRES, MORE OR LESS, IN A DEED OF GIFT FROM V. A. SOUTHERN TO MARIE SOUTHERN, DATED AUGUST 12, 1965, RECORDED IN VOLUME 480, PAGE 350 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 44.96 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe set in the West line of a County Road, which point is 972.3 feet South of the N. E. corner of the 54.94 acre tract, and being the S. E. corner of the 20 acre tract described in a Deed from Marie Southern to Gary Wayne Scott, dated September 25, 1972, recorded in Volume 556, Page 176 of the Deed Records of Williamson County, Texas; ..a THENCE South 00°-04'-54" East, a distance of 2,053.08feet to an iron pipe set in the North right-of-way line of U. S. Highway No. 79, for the S. E. corner hereof marking the beginning of a curve to the left; THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 85.00 feet, a curve whose radius is 11518.97 feet, a chord which bears South 73°-13'-26" West, a distance of 85.00 feet to a iron pin found marking the beginning of a curve to the left; THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 856.92 feet, a curve whose radius is 10803.12, a chord which bears South 72°-27'-58" West, a distance of 856.70 feet to a iron pin found at the base of a fence corner poet, marking the South West corner; THENCE North 00°-02' West, a distance of 2322.73 feet, with the existing fence to a iron pin found marking the North West corner; THENCE North 89°-10'-15" East a distance of 896.80 feet to the place of the BEGINNING containing 44.96 acres of land more or less. ; FILED FOR RECORD 1Q04 NOV -2 RI 3, 16 /94"/Alideec STATE OF TEXAS COUNTY OF WIWAMSON codifyI hereby t eueonon the daand at 8e this stampdher by me; and was duly RECORDED, in the Yel une C:nd Page of the named RECORDS d Williamson ounty, Texas, as skimped hereon by me, on NOV 5 I9$ C 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 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. RR i cxas TalA , e_ou.,Aity ld �s.:.'4111 aka � Owner /&• koe4h Owner SUBSCRIBED AND SWORN 19 BEFORE ME, a notary public, by X71 dZ dthis / day of /(/OVCZCa ,P. , 200Z-A.D. Nofary Public, State of Texas J.S. COAT -TER & ASSOCIATES _s CAN t'OAI:FER 905 N. IH 35. SI IITF, 108 _... .. �. RECISTErtEI) PROFESSIONAL LAND SURVEYOR ROUND ROOK, TEXAS 9866,1 LICENSED STATE LAND SURVEYOR CARLA SHIPMAN (512) 255-8211 TELEPHONE OFFICE MANAGER (512) 255-8263 FACSIMILE. FIELD NOTES BEING 1.795 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122 VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY AND RECORDED IN VOLUME , PAGE COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west line of County Road No. 122 and being the northwest corner of that portion of said road vacated by the Commissioner's Court of Williamson County as aforesaid; THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned portion of said road to an iron rod found; THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63 feet with a curve to the Left, said curve having a central angle of 8° 42' 39", a radius of 609.27 feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at the northeast corner of said abandoned portion of said road in the west line of that certain 110 acre tract of land described in a deed to W. G. Barnes recorded In Volume 311, Page 218, Deed Records of Williamson County; THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its intersection with the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984; THENCE with the line of said Round Rock City Limits, the following described two (2) courses and distances: 1) An arc distance of 178.23 feet with a curve to the left, said curve having a central angle of 00° 52' 20", a radius of 11709.16 feet, a chord distance of 178.23 feet and a chord bearing of S 75° 27' 07" W to the point of compound curvature, and; 2) An arc distance of 30.42 feet with a curve to the left, said curve having a central angle of 00° 09' 31", a radius of 10993.12 feet, a chord distance of 30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east line of that certain tract of land called 1.837 acres described in a deed to Williamson County for the relocation of County Road No. 122; THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and distances: 1) An arc distance of 32.48 feet with a curve to the right, said curve having a central angle of 00° 39' 40", a radius of 2815.00 feet, a chord distance of 32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found; 2) An arc distance of 346.66 feet with a curve to the right, said curve having a central angle of 38° 59' 55", a radius of 509.30 feet, a chord distance of 340.00 feet and a chord bearing of N 12° 30' 15" E, and; 3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing 1.795 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10-21-02 File No. 99100A Name: Address: STATE OP TEXAS RAINBOW COMPANY Ci 4-60 QDfe,,,,,,�4e.� COUNTY OF________ ) S 4, .:. ,•..off. T 'Thie.'laatrument was acknowledged before me on November OS, RAYMOND AREND and wife, PATRICIA A. AREND. Vn 1095 mt 753 1 n 1984 by JOHN el Notary iubl'c,-S�e $ _S (Printed or typed name of notary) Hy commission expires: /Olb ltt45 • EXHIBIT "A" AIL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, OUT OF AND A PART OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO, 409 AND OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS CONTAINING 64.94 ACRES, MORE OR LESS, IN A DEED OF GIFT FROM V. A. SOUTHERN TO MARIE SOUTHERN, DATED AUGUST 12, 1965, RECORDED IN VOLUME 480, PAGE 350 OF THE DEED RECORDS OF WILLIAMSON COUNTY,_ TEXAS, SAID 44.96 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe set in the West line of a County Road, which point is 972.3 feet South of the N. E. corner of the 54.94 acre tract, and being the S. E. corner of the 20 acre tract described in a Deed from Marie Southern to Gary Wayne Scott, dated September 25, 1972, recorded in Volume 556, Page 176 of the Deed Records of Williamson County, Texas; .•a THENCE South 00b-04'-$4" East, a distance of 2,053.08feet to an iron pipe set in the North right-of-way line of U. S; Highway No. 79, for the S. E. corner hereof marking the beginning of a curve to the left; THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 85.00 feet, a curve whose radius is 11518.97 feet, a chord which bears South 73°-13'-26" West, a distance of 85.00 feet to a iron pin found marking the beginning of a curve to the left; THENCE with the arc of the curve to the left and the North line of Highway No. 79 an arc distance of 856.92 feet, a curve whose radius is 10803 12, a chord which bears South 72°-27'-58" West, a distance of 856.70 feet to a iron pin found at the base of a fence corner post, marking the South West corner; THENCE North 00°-02' West, a distance of 2322.73 feet, with the existing fence to a iron pin found marking the North West corner; THENCE North 89°-10'-15" East a distance of 896.80 feet to the place of the BEGINNING containing 44.96 acres of land more or less. FILED FOR RECORD 119' NOV -2 P;{ 3 16 STATE OF TEXAS COUNTY OF VWILLIAMSON 1 hereby certify that this Instrument was RIO on the date and at the time :tamped hereon by me; and was duly RECORDED in the VoPune :rid Page of the named RECORDS oI V(leamson County, Tens, as stamped hereon by me,' on :l[ NOV 5 1984 vni 1(195 PAr.1752 STATE OF TEXAS COUNTY OF WILLIAMSON WARRANTY DEED WITH VENDOR'S LIEN 38685 f KNOW ALL MEN BY THESE PRESENTS: S That JOHN RAYMOND AREND and wife, PATRICIA A. AREND, (herein referred to as Grantor, whether one or more) of the County of Wee and State of Oklahoma for and -in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) end 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 Grantee's one (1) certain promissory note of even date herewith in the principal sum of ONE MILLION TSA HUkDRED FIFTY THOUSAND AND 00/100 DOLLARS ($1,250,000.00), payable to the order of CHASE NATIONAL BANK, at its office in Austin , Travis County, Tryg,4 , 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 JACK WADE, Trustee, Grantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto TEXAS RAINBOW COMPANY, • Texas Corporation, (herein referred to as Grantee, whether one or more) of the County of T''avi5 and State of Texas, all of the following described real property in WilliamsonCounty, Texas, to -wit: BEING 44.96 act ''but of the Joseph Marshall Survey, A-409, Williamson County, Texas, more fully described on Exhibit "A" 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, Grantee's heirs, successors and assigns forever; and Grantor hereby binds.Orantor, Grantor's heirs, executors, administrators, successors and awns to WARRANT AND FOREVER DEFEND all and singular the said premises unto -the said Grantee, Grantee's heirs, successors and assigns, against every person whomsoever lawfully claiming or to claim the mems 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. CHASE NATIONAL BANK at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the h described property as is evidenced by the hereinbefore described S1,250,00000 note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said CHASE NATIONAL BANK, and the same are hereby TRANSFERRED and ASSIGNED to said CHASE NATIONAL BANK. This conveyance is made, delivered and accepted subject to the payment of ad valorem taxes assessed against the property conveyed for the current year, all restrictions, covenants, any outstanding royalty and mineral reservations, conditions and easements of record affecting said property, and any and all Boning laws, regulations and ordinances of municipal and/or other governmental authorities affecting said property. SVC EXECUTED this day of November PATRICIA A. ND wn7LAMamNI cOuNTY TIXAS Rainbow Tract Annexation . -14 .& rTrn An Tnnonrn riLLU HN,) OFFICIAL PUBLIC RECORDS 01-15-2001 08:22 AM 2003003687 MSTANLEY $53.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY, TEXAS F - - 5 -7 13 3 a set, Refurn to - CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK TEXAS 78664