A-03-01-23-9B5 - 1/23/2003ORDINANCE NO. A- 03 -Q j o� - Ci 85
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 6.68
ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, 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 6.68 acres, more or less,
out of the P.A. Holder Survey, Abstract No. 297, 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
No Text
No Text
WHEREAS, the City Council has determined that all
requirements of Section 43.028, Local Government Code have been
complied with and hereby consider it appropriate to grant the
petition for annexation, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as if
copied in their entirety.
H.
That the City Council has heard the arguments for and against
the annexation and has determined to grant the petition for
annexation.
III.
That the property described in Exhibit "A" attached hereto and
incorporated herein for all purposes, be and is hereby annexed and
brought within the corporate limits of the City of Round Rock,
Williamson County, Texas, and same is hereby made an integral part
hereof.
IV.
That the owners and future inhabitants of the area herein
annexed be entitled to all of the rights and privileges of other
2
citizens and property owners of said City and are hereby bound by
all acts, ordinances and all other legal action now in full force
and effect and all those which may be hereafter adopted.
V.
That the official map and boundaries of the City, heretofore
adopted and amended be and is hereby amended so as to include the
aforementioned territory as part of the City of Round Rock, Texas.
VI.
That the Service Plan providing for extension of municipal
services to the area proposed to be annexed, attached hereto and
incorporated herein as Exhibit "B", is hereby approved.
VII.
That the City Manager is hereby directed and authorized to
perform or cause to be performed all acts necessary to correct the
official map of the City to add the territory hereby annexed as
required by law.
VIII.
That this Ordinance shall become effective after its passage.
IX.
That the City Secretary is hereby directed and authorized to
file a certified copy of this Ordinance in the Office of the County
Clerk of Williamson County, Texas.
3
X.
If any section, subsection, sentence, phrase, or word of this
Ordinance be found to be illegal, invalid or unconstitutional or if
any portion of said property is incapable of being annexed by the
City, for any reason whatsoever, the adjudication shall not affect
any other section, sentence, phrase, word, paragraph or provision
of this Ordinance or the application of any other section,
sentence, phrase, word, paragraph or provision of any other
Ordinance of the City. The City Council declares that it would
have adopted the valid portions and applications of this Ordinance
and would have annexed the valid property without the invalid part,
and to this end the provisions of this Ordinance are declared to be
severable.
XI.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
4
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this r6Lday
of `f C iL& Oi'7Lj , 2003.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2003.
READ, APPROVED and ADOPTED on second reading this the
day of , 2003.
ATTEST:
Pti)
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
5
PETITION FOR ANNEXATION INTO THE CITY OF
ROUND ROCK, TEXAS
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 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,
David L. Carlin, Owner
STATE OF TEXAS 6
COUNTY OF WILLIAMSON S
his instrument was acknowledged before me, by David 1. Carlin this day of
A/18/11.t, 2003 A.D.
REBECCA HINOJOSA
NOTARY PUBLIC
State of Texas
Comm. Exp. 01-12-2003
otary Public in and for the State of Texas
Page 1 of 5
Carlin Tract
6.68 Acre Tract
EXHIBIT A
DESCRIPTION
FOR A 6.68 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2.00 ACRE
TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND
MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE
OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN
BY INSTRUMENT RECORDED IN VOLUME 1155, PAGE 286 OF SAID OFFICIAL
RECORDS, SAID 6.68 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found on the northwesterly corner of said 2.00 Acre Tract, same
being the southerly right-of-way line of Missouri Pacific Railroad, same being the northwesterly
corner hereof;
THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, with the arc of a curve to the left, having a radius of
4004.79 feet, an arc length of 362.08 feet, a central angle of 05° 10' 49", and a chord which
bears, N 62° 06' 32" E for a distance of 361.95 feet to a'' /2" iron rod found for the northeasterly
corner of a said 2.00 Acre Tract, same being the northwesterly corner of said 4.83 Acre Tract;
THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of
340.32 feet, a central angle of 04° 52' 08", and a chord which bears, N 56° 09' 10" E for a
distance of 340.22 feet to a %2" iron rod found for a point of tangency hereof;
2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly comer of said 4.83 Acre
Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly
corner hereof;
THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline
of said Brushy Creek, S 70° 32' 12" E for a distance of 14.84 feet to a point on the west right-of-
Page 2 of 5
Carlin Tract
6.68 Acre Tract
way line of Arterial "B" as recorded in Document Number 2001038656 of the Official Records
of said county, for the northeast comer hereof;
THENCE with the west right line of said Arterial "B", the following two (2) courses and
distances:
1) with the arc of a curve to the left, having a radius of 776.20 feet, an arc length of 112.28 feet,
a central angle of 08° 17' 16", and a chord which bears, S 21° 42' 11" E for a distance of
112.18 feet to a point of tangency, and
2) S 25° 50' 49" E for a distance of 41.58 feet to a point on the south line of said 4.83 acre
tract;
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
3) S 23° 41' 43" W passing a 'A" iron rod found at a distance of 36.56 feet, continuing for a
total distance of 1.64 feet to a 'A" iron rod found for an angle point hereof;
4) S 14° 45' 47" W for a distance of 15.08 feet to a %1" iron rod found for an angle point hereof;
5) S 37° 50' 26" W for a distance of 160.89 feet to a %" iron rod found for an angle point
hereof;
6) S 62° 12' 26" W for a distance of 232.07 feet to a %2" iron rod found for an angle point
hereof;
7) S 03° 06' 47" E for a distance of 308.89 feet to a 'A" iron rod found for an angle point
hereof;
8) N 82° 12' 52" W for a distance of 329.24 feet to a 'A" iron rod found for the southwesterly
corner of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same
being an angle point hereof;
Page 3 of 5
Carlin Tract
6.68 Acre Tract
THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called
27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by
instrument recorded in Volume 649, Page 114 of the Deed Records of said County,
S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly corner of said 2.00 Acre Tract,
same being the southwesterly corner of said 27.61 Acre Tract, same being on the said
approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad
spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof;
2) N 66° 52' 29" W for a distance of 120.34 feet for an angle point hereof;
3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof;
4) S 76° 04' 18" W for a distance of 88.36 feet for an angle point hereof;
5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly corner of said 2.00 Acre
Tract, same being the southwesterly corner hereof;
THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a %2" iron rod
found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF
BEGINNING hereof and containing 6.68 acres of land.
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154-002-29 File Name: W:PROJECTS\HOOVER\ZONING\CARLIN.doc
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EXHIBIT "A('
FTrI n N(717S
er1NG 2,00 ACM OF LAND. tont. OR I.EXS, OCT tr T11E P. A. WIDER GURVPY,
ABSTRACT N0. 297. IN WILLIAMSON COUNTY, TLXAS. AND DCING A FART OF THAT
ClffraMN 153.25 ACRE TRACT Of LAND OSSSCRTBSD IN A DEED TO CARL AA7tONe FORMAN
RECORDED IN VOLUME 208, PACE 462, Darn RFYX)RI).S OF WILt,1NIsON COUNTY, ANU BRING
MORE PARTIQ7LAR1,Y EMSLIRTU O BY MFTts AND ROUNDS AS FOLLOWS, TO WIT!
BEGINNING at the northeast corner of said 153.25 acre tract in the curving
south line of the Union Pacific Railroad, !COM which an iron rod found at the
northwest coiner of that certain 4.831 acre trace of land described in a dead
to David L. Carlin bears S 14. 40' E a distance of 1.25 CeeL;
B 14° 40' E a distance of 404.08 fent with the east line of snt.d 153.25
afire Mat to the sOuttteaat cornet hereof in the thrr,nd of take Creek, from
which en iron rod found at tilt: southwest corner of sat 4.a31 once tract beers
N 14' 40' W a distance of 163.34 feet, a railroad spike to a 10" dia. ctm
beers South a distance of 60.35 feet and the south bolt of a mastevater
manhole cover bears S 16' 18' 35" W a distance of 60.35 feet;
TfENCC with U'e thread of said croak. tho follcwini descrihnd five (5) courses
and distances.
1) N 57° 13' 04" W a distance of 69.57 feet;
21 N 64' 41' 52" w a distance of 120.44 fast:
3) N 78' 19' 18" W a distance of 71.77 feet;
4) S 78''14' 55" W a distance Of 88.43 feet, and;
5) $ 53' 39' 15" W a distance of 67.99 feet to thq gout)n est corner
hereof, from whleh an iron rod set to tvp of the north bank of
said lake Creek bears N 14' 40' W a distance of 100.00 feet,
THIN.'R W 14' 40' W a distance of 193.26 fact to an iron rod set at the
northwest corner hereof in the curving month line of said Union Pacific
Railroad;
THENCE an arc distance of 362.32 feet with the curving south line of acid
railroad, said curve having a centcet angle of 5° 11' 01", a realm; of 4004.79
fast. a Chord distance of 362.19 feat and a chord bear1n7 of N 64' 01' 56" E.
to the Place of Beginning. containing 2.00 aces of land, more or less,
£0 'd
RECORDERS MEMORANDUM
Moralists ofinetenon this page was not
akarly IegiWe fa satisfactory aeoardetion.
Doc# 9759883
11 Pages: 6
Date : 12-30-1997
Time : 02:36:38 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
COUNTY BIZZELL
Rec. $ 19.00
1001 ti172 EIS 'ON 8dd tii1SfllV du AON309 311I1 61:61 0111 16-6 -034
y ' . wit 1155PAGE 286
vm.1%aIr 10377
WAPR*NTY nays WITR VRNnfR'R Tan
EXHIBIT B
THE STATE OP TEXAS
t KNOW ALL NEN BY THESE PRESENTS'
COUNTY OP WILLIAMSON t
That we, Joe P, Brown and wife, Evelyn Jeanette Brown of the
County of Williamson and State of Texas for and in consideration
of the sum of Ten and No/100 Dollars ($10.00) and other valuable
consideration to the undersigned paid by the Grantees herein
named, the receipt of which is hereby acknowledged, and the
further consideration of the execution and delivery by Grantees
of their one certain promissory note of even date herewith in the
principal sum of Seventy -Seven Thousand and No/100 Dollars
($77,000.00) payable to the order of MBank Round Rock in its
offices in Round Rock, Williamson County, Texas, 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 N.G. Whitlow, Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT,
SELL AND CONVEY unto David L. Carlin and wife, Nary C. Carlin of
Lnu, a., S�"t "dNT' _ _ xa MekEt.j all of the
following described real property in Williamson County, Texas,
to -wit,
Being 4.83 acres of land, Situated in the P.A. Holder
Survey, Abstract No. 297, in Williamson County, Texas,
said land being that same land, called 4.828 acres, as
conveyed to Joe P. Brown and wife, Evelyn Jeanette
Brown by Deed as recorded in Volume 815, Page 243, of
the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of November, 1984, under the
supervision of Don 8. Bissell, Registered Public
Surveyor, and being more particularly described aa
follows
BEGINNING at an iron pin found on the South line of the
Missouri Pacific Railroad marking the Northwest corner
of 'the above-mentioned Brown tract, for the Northwest
comer hereof;
THENCE, along the said South line of the Missouri
Pacific Railroad as follows' along a curve to the left,
(Radius • 4,004.79 feet, Long Chord bears M 58 degrees
17 minutes 8 340.60 feet), an Arc distance of 340.7Q
feet to an iron pin setland N 55 degrees 50 sindtes 30
seconds 8, at 379.89 feet ease an iron pinset.,for a
total distance of 410.18 feet, in all, to a point itt
the center of Brushy Creek, for the Northeast corner of
the said Brown Tract, for the Northeast corner hereof;
THENCE along the center of Brushy Creek, 8 65 degrees
27 minutes 8, 126.76 feat to a point, for the most
Easterly Southeast corner hereof'
THENCE, along a Southerly line of the said Brown tract;
8 25 degrees 50 minutes W, at 30.07 feet pass an iron
pin set for a total distance of 109.04 feet, in all, to
an iron pin found,I 8 17 degrees 00 minutes 30 seconds
W, 15.07 feet to an iron pin founds! 8 40 degrees 00
minutes N, 160.96 feet to an iron pin found and 8 64
degrees 22 minutes 30 seconds W, 231.98 feet to an iron
pin found marking an interior corner of the said Brown
Tract, for an interior corner hereof;
THENCE 8 0 degrees 56 minutes 30 seconds 8, 308.98 feet
to an iron pin found on the North line at an esisting
e 607 tidgecrest
Round lock. E 78664
OtMso1ya totRENr
N1T Tun
NTMI
N
133
•
n
•
vol 1155 PAL( 287
vNL1p•r4Jf
20 -foot -wide Roadway easement of record in Volume 790,
Page .892, of the Deed Records of Williamson County,
, marking the most Southerly Southeast corner of
the said Brown Tract, for the most Southerly Southeast
corner hereof;
THENCE, along the said North line of the existing
20 -foot -wide Roadway Easement, N 80 degrees 02 minutes
30 seconds W, 329.36 feet to an iron pin found marking
the Southwest corner of the said Brown Tract, for the
Southwest corner hereof;
THENCE, N 14 degrees 40 minutes W, 239.28 feet to the
place of BEGINNING and containing 4,83 acres of land.
This conveyance is made and accepted subject to (a) an
easement dated November 2, 1936, to Texas Power and Light
Company, recorded in Volume 281, Page 501, Deed Records,
Williamson County, Texas, (b) an easement dated January 5, 1965,
to Texas Power and Light Company, recorded in Volume 477, Page
247, Deed Records, Williamson County, Texas, (c) an easement
dated November 22, 196S, to Texas Power and Light Company,
recorded in Volume 48S, Page 399, Deed Records, Williamson
County, Texas, (d) a SO ft. wide access easement reserved by
Grantors in Deed dated October 21, 1980, from James J. Hoover and
wife, Sue Hoover to Joe P. Brown and Evelyn Jeanette Brown,
recorded in Volume 815, Page 243, Deed Records of Williamson
C , Texas
ounty, (e) c
zaadc
annaltadbonthematoland (f) any and all conditions and
restrictions, if any, relating to the hereinabove described
property, to the extent, and only to the extent, that the same
nay still be in force and effect, shown of record in the office
of the County Clerk of Williamson County, Texas,
TO RAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Grantees, their heirs and assigns
f ; and we do hereby bind ourselves, our heirs, executors
and administrators to WARRANT and FOREVER DEPEND all and singular
the said premises unto the said Grantees, their heirs and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well
as the Superior Title in and to the above described premises, is
retained against the above described property, premises and
improvements until the above described note and all interest
thereon are fully paid according to the face, tenor, effect and
reading thereof, when this Deed shall become absolute.
The MBank Round Rock, at the instance and request of the
Grantees herein, having advanced and paid in cash to the Grantors
as is evidenced by the hereinabove described Seventy -Seven
Thousand and No/100 Dollars ($77,000.00) Note, the Vendor's Lien,
together with the Superior Title to said property, is retained
herein for the benefit of said MBank Round Rock and the same are
hereby TRANSFERRED and ASSIGNED to said MBank Round Rock.
EXECUTED this 16th day of Janaury , 19 85
i
OE P. BROWN
OLnl/
EVEtANIE BROWN ej
'4.7.... id. •
•
VOL 1155 PAGE 88
V
STATE OP TEXAS
COUNTY Or WILLIM4SON
This instrument was :Acknowledged before re on the Xday
ti
of agsarguet 19j.,, by Joe P. Brown and Evelyn Jeanette
Bra
• • .:;,\
.;5 •
Notary u. ice State of Texas
ify iSk11001
Printed Name of Notary
Ey contagion expires, 713 -
STATE OF TEAS Cower or muumsort
I here? ft* Ilut Ugh lenient ins MED
fie lag dik gag ±14,_stsesped Moon
gY Nig IN lat
Can saii!eras, tbm wmannAbiltelgikeirghy :mei%
Med reeintiss
MAR 2 5 1985
ifitor/NIV.__ELCUIE/4"C.
nagiCON COUR TEXAS
STATE OF TEXAS
I hereby artily that
ea the de* and or I.
by me; and was duly P
end Page of the name
County, Texas, as
COM
OF WILLIAMSON
rumen? wn REED
stamped hereon
RDED. in the Memo
'TODDY of Williernma
Mien by me. on
3 1985
$
OU03311210.4 031b
r
1
Date:
Annexation Area:
EXHIBIT B
PROVISION OF SERVICES PLAN
January 9, 2003
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
6.68 acres of land
(Ashton Oaks Tract) (D. Carlin)
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.
Ashton Oaks
02-020-Z
REQUEST: Approval of the original zoning District MF
(Multifamily).
HISTORY: Tabled on November 6, 2002 at the applicants
request.
DATE OF REVIEW: December 18, 2002
OWNER: David and Mary Carlin
CONSULTING ENGINEER: Baker-Aicklen & Assoc., Inc.
DESCRIPTION: 6.68 acres, P.A. Holder Survey, A-297
PRESENT ZONING: None: ETJ
PRESENT LAND USE: Vacant
LOCATION: South of the Missouri Pacific RR, west of A.W.
Grimes Boulevard.
ADJACENT LAND USE:
North: Missouri Pacific Railroad
South: Turtle Creek Subdivision
East: A.W. Grimes Boulevard
West: Vacant
PROPOSED LAND USE: Multifamily development
GENERAL PLAN POLICY: Residential
UTILITIES:
STAFF COMMENTS:
RECOMMENDATION:
Planner: Paul Gambrel
The development proposes standard municipal
services.
This parcel, currently owned by the Carlins, is a
portion of the 32.95 acre multifamily tract.
Staff recommends approval.
6.68 Acres)
Ashton Oaks Annexation
•
EXHIBIT B
DOC* 9759883
CASH WARRANTY DEED
Data: December 1 (0 , 1997
Grantor: VIVIAN MAYFIELD, not joined by my spouse for the reason
that the property herein conveyed forms no part of my
homestead owned, claimed or occupied.
and
PAUL RAYMOND FORSMAN, a single person
and
LESLIE MARVIN FORSMAN, a single person
and
WILBERT CARL FORSMAN, a single person
and
LAMBERT EUGENE FORSMAN, a single person
and
DURWOOD BOURLAND, not joined by my spouse for the reason
that the property herein conveyed forms no part of my
homestead owned, claimed or occupied.
Grantor's Mailing Address (including county):
VIVIAN MAYFIELD
/rS- i vsrF_dl
Rewire" /Qoc4, tc 1866 y
Wi((iAMSo/V County
PAUL RAYMOND FORSMAN
P•O.8ex (0(41
Reusid rear./,, Ty. '78680
lui I iAM seu County
LESLIE MARVIN FORSMAN
D(p LRuyej nUC
oukkd f€atS Tk -7 Q 6 6 y
uii 11 iAM3eni County
. CASH WARRANTY DEED - PAGE 1
I :\TLXT\TA--V47lwrc MPD/cdc
OFFCAL RECORDS
Mlaliel O yIAS
WILBERT CARL FORSMAN
466 L4ure Dr,
Racial Ral-, fx 7$66Y
t1/i IP4AA soA/ County
LAMBERT EUGE E FORSMAN
Tr? Arifci intim, AATvyiXOb(�y
J�
Will /16M1C0Al ((County
DURWOOD BOURLAND
SD2 1!hi peiv e
4us1-,n,, P 7 7V1S
TrM4 s
County
Grantee: DAVID L. CARLIN and MARY C. CARLIN
Grantee's Mailing Address (including County):
DAVID L. CARLIN
11754 Fre_ AN IQ
p?ni1��`s l4Oclty -7 L6V
Ca/ i lleaAn Sp4p County
MARY C. CARLIN
/I S A 1POOS Ir A.0
telt POO:
TX -1 e46 V
um /1;Asti Sow County
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
APPROXIMATELY 2.0 ACRES of land out of the P. A. Holder
Survey, Abstract No. 297, situated in Williamson County,
Texas, being a portion of the tract conveyed to Carl Antone
Forsman by the Deed recorded in Volume 208, Page 462, Deed
Records of Williamson County, Texas, said 2.0 acre tract more
particularly described in Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral
severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners
in any walla and fences situated on a common boundary; any
encroachments or overlapping of improvements; and taxes for the
CASH WARRANTY DEED - PAGE 2
::\TEMATA--\imNECJI o/ede
current year, the payment of which Grantee assumes, and the
following specific reservations and exceptions:
1. 12' access easement and gravel road traversing subject
property as shown on survey prepared by Stan Coalter,
R.P.L.S., dated November 26, 1997.
Grantor, for the consideration, receipt of which is
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executor, administrators, successors or
assigns forever. Grantor's heirs, executors, administrators and
successors are hereby bound to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
CASH WARRANTY DEED - PAGE 3
I : \ TEXT \ TA-- V 4771MC. NPU/ cdc
L 1
117c2n '1 '%?ct<Y!r "`"'"
VIVIAN MAYFIELD
PAUL RAYMOND FORSMAN
LESLIE MARVIN FORSMAN
eiat-? 1.27'4 76-1°'11L-1
WILBERT
Cr'-
WILBERT CARL FORSMAN
LAMBERT EUGENE FORSMAN
l �� �� �%
DURWOOY�AND Z;ei��1�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 4yf/4.264.4-44b....1
This instrument was acknowledged before me on this the //M
day of Becalm/ler , 1997 by VIVIAN MAYFIELD.
STA
COUNTY OF
TOr4A F. BOERST
NOTARY PUBLIC
.State of Texas
l,nn� c xp 05,06 06
«o-na. ren atf,.s.t
Notary Public, State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the /oth
day of /)ttemAer , 1997 by PAUL RAYMOND FORSMAN.
*noxa b`.
Notary Public, State of Texas
/00 : \4t.
• �1
TONAF.BOERST
NOTARY Pl1BLIC
Stale at Texas
Cf,cro Exp. 05-06.9S
E OF TEXAS
COUNTY OF,h /4,c,
This instrument was acknowledged before me on this the /0th
day of beeember , 1997 by LESLIE MARVIN FORSMAN.
ACKNOWLEDGMENT
?YTONAF. BOxec 1 �n„r� )-0/2S.-4.2..e
State o!'r:xa<..
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 01-(6
This instrument was acknowledged before me on this the /Oth
da of p_, 1997 by WILBERT CARL FORSMAN.
:.1•i.: �;
,.O ARfr
Sater,.,..
o. t�.:�
Comm. Exp
STATE OF TER,
COUNTY OF
This
instrument
Notary Public, State of Texas
ACKNOWLEDGMENT
was acknowledged before me on this the
by LAMBERT EUGENE FORSMAN.
TONA F. BDERST
CaJ1Q 0? ia'n n..
Cornet. Exp Us. i,t
CASH WARRANTY DEED - PAGE 4
1s\TEUNTA--\7117MDC.MPD/Cde
n
Notary Public, State of Texas
RECORDERS MEMORANDUM
Allorpartsoftbetextonthispagewasnot
clearly legible for satisfactory motion.
r
/0*h
STATE OF T
COUNTY OF STSDAILS
ACKNOWLEDGMENT
by DUR7OD BOURLAND
instrument was acknowledged before me on this theil/-
by DURWQOD BOURLAND
4
Notar Pub ic, State of Texas
SARAANNOIWAN
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. OM -01
PREPARED IN THE OFFICE
OF:
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Alamo Title Company
1717 North IH -35, Suite 150
Round Rock, Texas 78664
CASH WARRANTY DEED - PAGE 5
I: \TEXT\TA-• Vtl1Y@.Mpv/etle
r
EXHIBIT "A''
Fain omits
BEING 2.00 ACRES Of LAND, tmnS OR l.t`ts, o)T cr Tuz P. A. mOTUt3t etwrY,
ABSTRACT N0. 297, IN Wtt,.IAMSON COUNTY, r6xA3, Mau DOING A PART or THAT
CEwrA1N 153.25 ACRE TRACT Of LAND Or$CRTeSD IN A DtFO TO CARL ANInt4C TORsMMT
RECORDED IN V01414E 200, PAM 462, DP,Rf) prrnnos OF WILLIAMSON awn, AND BEING
telt PARTICULAR1X DFStRSUb0 TY mats AND e0Vt7DS AS FOLV%43, TO WI1's
BEGINNING at the northeast corner of said 153,25 acre tract in the curving
SOUth line of the Union Pacific Railroad, from which on Iron rod found at the
northwest corner of that certain 4.831 acre trach of land described in a deed
to David L. Orlin hears S 14' 40' E a distance uC 1.25 [vela
THENCE 8 14' 40' 2 a distance of 404.05 foot with the. east line of WA 153.25
AM Met tO the southeast corner hertof in the then d of Lake creek, from
which an iron rod found at tl)o southwest corner of said 4.831 acre tract Deers
N 14' 40' W a distant of 1.63.34 feet, a railroad spike in a 10" dia. elm
Deere South a distance of 60.35 feet and the south bolt of a wastewater
manhole cover bears S 16° 18' 35" W a distance oC 60.35 fe=n;
THENCE with the thread of said crook. the following dz,crihed five (5) courses
and distances:
.1) N 57° 13' 04" W a distance of 69.57 feet;
21 N 64' 41' 52" W e distance of 120.44 feet;
3) N 78' 19' 38" W a distance of 71.77 feet;
4) S 78''14' 55" W a distance Of 88.43 feet, and;
5) S 53' 39' 15" W a distance of 67.99 Cwt to the southeast corner
hereof, fmn whleh an iron rod set on tvy of the north bank of
Said Take Creek beard N 14' 40' W a distance of 100.00 feAt.f
THENCE N 14' 4U' W e distance of 193.26 fact to an iron rod set at the
northwest corner hereof in the curving south line of said Union Pacific
Railroads
THENCE en aro distance oC 362.32 feet with khe curving south line of said
railroad, Said curve having a central angle of 5° 11' 01", a radius of 4004.79
t'set, t chord distance of 362.19 feet and a chord bearing of N 64' 01' 56" E.
to the Disco of Beginning. containing 2.00 acres of land, more or less,
C0 'd
1
RECORDERS MEMORANDUM
All or pen of the text on this page was not
dearly legible for satisfactory recordation.
Doc$( 9759883
$( Pages: 6
Date : 12-30-1997
Time : 02:36:38 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 19.00
1001 4172 2IS 'ON HNd Nils L' dC AON30y 311I1 61.91 f1H,L L6-4 -03Q
vm 1155 nor 2$8 EXHIBIT B
VOL ligtgailfittar
1037°7
WARRANTY DRRD WITS VRNn0Rs9 LTRN Ui
THE STATE OP ?WS s I , 01
a KNOW ALL MEN B7 THESE PRESENTS*
COUNTY OP WILLIAMSON
That we, Joe P. Brown and wife, Evelyn Jeanette Brown of the
County of Williamson and State of Texas for and in consideration •
of the sum of Ten and No/100 Dollars ($10.00) and other valuable
consideration to the undersigned paid by the Grantees herein
named, the receipt of which is hereby acknowledged, and the
further consideration of the execution and delivery by Grantees
of their one certain• promissory note of even date herewith in the
principal sum of Seventy -Seven Thousand and No/100 Dollars
($77,000.00) payable to the order of MBank Round Rock in its
offices in Round Rock, Williamson County, Texas, 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 N.G. Whitlow, Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT,
SELL AND CONVEY unto David L. Carlin and wife, Mary C. Carlin of
/J,,,, nrn sog t)i., i7 a " ,all of the
following described real property in Williamson County,
to-vit,
Being 4.83 acres of land, situated in the P.A. Holder
Survey, Abstract No. 297, in Williamson County, Texas,
said land being that same land, called 4.028 acres, as
conveyed to Joe P. Brown and wife, Evelyn Jeanette
Brown by Deed as recorded in Volume 815, Page 243, of
the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of November, 1984, under the
supervision of Don B. Bissell, Registered Public
Surveyor, and being more particularly described as
follows
BEGINNING at an iron pin found on the South line of the
Missouri Pacific Railroad marking the Northwest corner
of the above-mentioned Brown tract, for the Northwest
corner hereof,
THENCE, along the said South line of the Missouri
Pacific Railroad as followss along a curve to the left,
(Radius - 4,004.79 feet, Long Chord bears N 58 'degrees
17 minutes 8 340.60 feet) , an Arc distance of 340.70
feet to an iron pin sett end N 55 degrees 50 minutes 30
seconds 8, at 379.89 feet pass an iron pin set„ for a
total distance of 410.18 feet, in all, to a point in`
the center of Brushy Creek, for the Northeast corner of '"
the said Brown Tract, for the Northeast corner hereof,
THENCE along the center of Brushy Creek, B 65 degrees
27 minutes E, 126.76 feet to a point, for the most
Easterly Southeast corner hereof,
THENCE, along a Southerly line of the said Brown tract,
8 25 digress 50 minutes W, at 30.07 feat pass an iron
pin set for a total distance of 109.04 feet, in all, to
an iron pin found,) 8 17 degrees 00 minutes 30 seconds
W, 15.07 feet to an iron pin found,' 8 40 degrees 00
minutes W, 160.96 feet to an iron pin found and 8 64
degrees 22 minutes 30 seconds W, 231.98 feet to an iron
pin found marking an interior corner of the said Brown
Tract, for an interior corner hereof,
THENCE 8 0 degrees 86 minutes 30 seconds E, 308.98 feat
to an iron pin found on the North lino at an esisting
• * 607 Riddscrest
Round Rock. Tr 78664
u'�='AMeaNOffICIAt DS
tOUNTTTOW
•
•
•
,.�
vat 1155PAGE 287
ve11)28491-
20-foot-wide Roadway easement of record in Volume 790,
Page 892, of the Deed Records of Williamson County,
Texas, marking the most Southerly Southeast corner of
the said Brown Tract, for the most Southerly Southeast
corner hereof;
THENCE, along the said North line of the existing
20 -foot -wide Roadway S t, N 80 degrees 02 minutes
30 seconds W, 329.36 feet to an iron pin found marking
the Southwest corner of the said Brown Tract, for the
Southwest corner hereof;
.THENCE, N 14 degrees 40 minutes W, 239.28 feet to the
place of BEGINNING and containing 4.83 acres of land.
This conveyance is made and accepted subject to (a) an
easement dated November 2, 1936, to Texas Power and Light
Company, recorded in Volume 281, Page 501, Deed Records,
Williamson County, Texas, (b) an easement dated January. 5, 1965,
to Texas Power and Light Company, recorded in Volume 477, Page
247, Deed Records, Williamson County, Texas, (e) an easement
dated November 22, 1965, to Texas Power and Light Company,
recorded in Volume 485, Page 399, Deed Records, Williamson
County, Texas, reserved b
Grantors in De(d)
Deed dated wide
October 21,1980 ,fromaccss aJamestJ. Hoover and
wife, Sue Hoover to Joe P. Brown and Evelyn Jeanette Brown,
recorded in Volume 815, Page 243, Deed Records of Williamson
County, Texa.s..p,....q
(e)xxxgraerabdcaonercqabeasEentarbolaucoroomorsepoplux
t
Itattedocagactclumadvbaxnxxlbactoxpzeararabourceesacesuoccarkwagnwartyc
tesnothiabooabeowtow and (f) any and all conditions and
restrictions, if any, relating to the hereinabove described
property, to the extent, and only to the extent, that the same
may still be in force and effect, shown of record in the office
of the County Clerk of Williamson County, Texas.
TO RAVE AND TO BOLD the above deacribed premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Grantees, their heirs and assigns
forever; and we do hereby bind ourselves, our heirs, executors
and administrators to WARRANT and FOREVER DEPEND all and singular
the said premises unto the said Grantees, their heirs and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well
as the Superior Title in and to the above described premises, is
retained against the above described property, premises and
improvements until the above described note and all interest
thereon are fully paid according to the face, tenor, effect and
reading thereof, when this Deed shall become absolute.
The MBank Round Rock, at the instance and request of the
Grantees herein, having advanced and paid in cash to the Grantors
as is evidenced by the hereinabove described Seventy -Seven
Thousand and No/100 Dollars ($77,000.00) Note, the Vendor's Lien,
together with the Superior Title to said property, is retained
herein for the benefit of said MBank Round Rock and the same are
hereby TRANSFERRED and ASSIGNED to said MBank Round Rock.
EXECUTED this 16th day of Jammu, 19 85
AP. BROWN EVSL3IV EAN E BROWN
Sift
va1155PL<L g$
V
L
STATE OP TRIAD
count OF WILLIAMSON
This instrument wan jOknowledged before me on the /6 a, day
of [1.4.faafle , 3.91,, by Joe P. Brown and Evelyn Jeanette
Brod , .,•
. 44/Lblos
tt
' g., �,; u ! Notary As• ,io, St/ate of Teras
1/40
F'{!
•1
•
FILED FO
L •r ESS JU12
Printed Name of Notary
Ny commission eapirest
STATE OE TEM OPMIT of Mumma
1 tlu' dps iimeb:Mmaj e+s RLED
a sere_el N meet
Om Vokme
MARE 5 1985
ORO
Pd ki 24
STATE OF THUS
lkmbyratify Out
en the ate and al L
by me end was day P
M Pole ohne acme
Edomo, Texas, as
13. t
OF mwRAISON
went ins nue
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hereon by me, on
91985
003321110A 03113
M•;
WILLIAMSON TEXAS
DATE: January 17, 2003
SUBJECT: City Council Meeting — January 23, 2003
ITEM: 9.B.5. Consider an ordinance annexing 6.68 acres of land, more or less, out
of the P.A. Holder Survey, in Williamson County, Texas. (Ashton
Oaks Tract) (David L. and Mary C Carlin) (First Reading)
Resource: Joe Vining, Planning Director
History: This tract lies immediately south of Highway 79 aka Palm Valley Boulevard; and the
southerly Missouri Pacific RR, and west of A.W. Grimes. 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: David L. and Mary C. Carlin
Impact: Fire and Police.
Benefit: Increase in availability for multifamily development and ad valorem taxes.
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
200301E984 29 Pigs
1 HE 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 the attached is a true and correct copy of Ordinance No. A -03-01-
23-9B5, which was approved and adopted by the Round Rock City Council of the City
of Round Rock, Texas, at a meeting held on the 23rd day of January, 2003, and recorded
in the City of Round Rock minutes book No. 48.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 111hh
day of February, 2003.
ahaithin,%) 18,J))
Christine R. Martinez, City Secretary
ORDINANCE NO. A -03 -01 -"d3 -q85
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 6.68
ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, 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 6.68 acres, more or less,
out of the P.A. Holder Survey, Abstract No. 297, 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
::CDMA\WORLDOX\0:\WDOX\QRDI"ANC\030123B5.WPD/sC
WHEREAS, the City Council has determined that all
requirements of Section 43.028, Local Government Code have been
complied with and hereby consider it appropriate to grant the
petition for annexation, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as if
copied in their entirety.
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 g3r�day
�ail luukr v�J , 2003.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2003.
READ, APPROVED and ADOPTED on second reading this the
day of , 2003.
ATTEST:
R`0
, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
5
PETITION FOR ANNEXATION INTO THE CITY OF
ROUND ROCK, TEXAS
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 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,
STATE OF TEXAS S
COUNTY OF WILLIAMSON S
afaa I_ oasis;
David L. Carlin, Owner
his instrument was acknowledged before me, by David 1. Carlin this 2 day of
US& , 2003 A.D.
REBECCA HINOJOSA
NOTARY PUBLIC
State of Texas
Comm. Exp. 01-12-2003
/JCC
otary Public in and for the State of Texas
Page 1 of 5
Carlin Tract
6.68 Acre Tract
EXHIBIT A
DESCRIPTION
FOR A 6.68 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, 114 WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 2.00 ACRE
TRACT OF LAND AS DESCRIBED IN THAT DEED TO DAVID L. CARLIN AND
MARY C. CARLIN BY INSTRUMENT RECORDED IN DOCUMENT NO. 9759883 OF THE
OFFICIAL RECORDS OF SAID COUNTY, AND A CALLED 4.83 ACRE TRACT OF LAND
AS DESCRIBED IN THAT DEED TO JAMES L. CARLIN AND WIFE, MARY C. CARLIN
BY INSTRUMENT RECORDED IN VOLUME 1155, PAGE 286 OF SAID OFFICIAL
RECORDS, SAID 6.68 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a '/:" iron rod found on the northwesterly comer of said 2.00 Acre Tract, same
being the southerly right-of-way line of Missouri Pacific Railroad, same being the northwesterly
comer hereof;
THENCE with the northerly line of said 2.00 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, with the arc of a curve to the Left, having a radius of
4004.79 feet, an arc Length of 362.08 feet, a central angle of 05° 10' 49", and a chord which
bears, N 62° 06' 32" E for a distance of 361.95 feet to a' 'A" iron rod found for the northeasterly
corner of a said 2.00 Acre Tract, same being the northwesterly comer of said 4.83 Acre Tract;
THENCE with the northerly line of said 4.83 Acre Tract, same being the southerly right-of-way
line of said Missouri Pacific Railroad, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 4004.79 feet, an arc length of
340.32 feet, a central angle of 04° 52' 08", and a chord which bears, N 56° 09' 10" E for a
distance of 340.22 feet to a'h" iron rod found for a point of tangency hereof;
2) N 53° 42' 48" E for a distance of 410.56 feet for the northeasterly corner of said 4.83 Acre
Tract, same being the approximate centerline of Brushy Creek, same being a northeasterly
comer hereof;
THENCE with the northerly line of said 4.83 Acre Tract, same being the approximate centerline
of said Brushy Creek, S 700 32' 12" E for a distance of 14.84 feet to a point on the west right-of-
page 2of5
Carlin Tract
6.68 Acre Tract
way line of Arterial "B" as recorded in Document Number 2001038656 of the Official Records
of said county, for the northeast corner hereof;
THENCE with the west right line of said Arterial "B", the following two (2) courses and
distances:
1) with the arc of a curve to the left, having a radius of 776.20 feet, an arc length of 112.28 feet,
a central angle of 08° 17' 16", and a chord which bears, S 21° 42' 11" E for a distance of
112.18 feet to a point of tangency, and
2) S 25° 50' 49" E for a distance of 41.58 feet to a point on the south line of said 4.83 acre
tract;
THENCE with the southerly line of said 4.83 Acre Tract, the following six (6) courses and
distances:
3) S 23° 41' 43" W passing a 'A" iron rod found at a distance of 36.56 feet, continuing for a
total distance of 1.64 feet to a %2" iron rod found for an angle point hereof;
4) S 14° 45' 47" W for a distance of 15.08 feet to a 'A" iron rod found for an angle point hereof;
5) S 37° 50' 26" W for a distance of 160.89 feet to a 'A" iron rod found for an angle point
hereof;
6) S 62° 12' 26" W for a distance of 232.07 feet to a ''A" iron rod found for an angle point
hereof;
7) S 03° 06' 47" E for a distance of 308.89 feet to a 'A" iron rod found for an angle point
hereof;
8) N 82° 12' 52" W for a distance of 329.24 feet to a' 'A" iron rod found for the southwesterly
corner of said 4.83 Acre Tract, same being on the easterly line of said 2.00 Acre Tract, same
being an angle point hereof;
Page 3 of 5
Carlin Tract
6.68 Acre Tract
THENCE with the easterly line of said 2.00 Acre Tract, same being the westerly line of a called
27.61 acre tract of land as described in that deed to James J. Hoover and wife, Sue S. Hoover by
instrument recorded in Volume 649, Page 114 of the Deed Records of said County,
S 16° 47' 12" E for a distance of 163.02 feet for the southeasterly corner of said 2.00 Acre Tract,
same being the southwesterly comer of said 27.61 Acre Tract, same being on the said
approximate centerline of Lakecreek, same being an angle point hereof, from which a railroad
spike found in a 10" elm tree bears, S 02° 30' 29" E for a distance of 60.35 feet;
THENCE with the southerly line of said 2.00 Acre Tract, same being the said approximate
centerline of Lakecreek, the following five (5) courses and distances:
1) N 59° 23' 41" W for a distance of 69.51 feet for an angle point hereof;
2) N 66° 52' 29" W for a distance of 120.34 feet for an angle point hereof;
3) N 80° 30' 15" W for a distance of 71.71 feet for an angle point hereof;
4) S 76° 04' 18" W for a distance of 8836 feet for an angle point hereof;
5) S 51° 28' 38" W for a distance of 67.93 feet for the southwesterly comer of said 2.00 Acre
Tract, same being the southwesterly corner hereof;
THENCE with the westerly line of said 2.00 Acre Tract, N 16° 50' 06" W pass a W' iron rod
found at a distance of 100.00 feet, continuing for a total distance of 193.44 to the POINT OF
BEGINNING hereof and containing 6.68 acres of land.
BAKER AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154002-29 File Name: W:IPROJECTSWOOVER\ZONING\CARLIN.doc
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EXHIBIT "A"
Firth NOTES
BEING 2.00 ltaFa Of LAND, MORE OR LENS, OOT Cr THE P. A. mOTlfl =sum',
mama NO. 297, IN WTI3.2AMSCH COUNTY, tt(A3. AND DUNG A FART or THAT
CtOfi'AMN 153.25 ACM TRACT Or LAND DCGCRTBFO IN A DEED TO CARL ANION,. rORSIAN
RECORDED IN VOLUME 208, PACE 162, DERO MOMS OF WILLIAMSON ciwrr, AND BEING
MORE PARTICUTARLY OBSLTLTUIO AY Mf.TCS AND DOOMS A5 MAJORS, TO FRT.
BEGINNING at the northeaeh cacner of said 153.25 acre tract In the curving
south line of the Union Pacific Railroad, from which on iron rod found at the
northwest corner of that certain 4.831 acre t.rAct of land described in a deed
to David L. Carlin bears 5 14' 40' E a distance uC 1.25 feet;
o : 8 14° 40' L a distance of 404.08 Leer with the east line of said 153.25
Adfe tf80C foo Pone southeast corner hereof in the thcond of take Creek, from
which en lion rod found at the south'. St corner of said 4.831 ecce tract beers
N 14' 40' W a distenCt of 163.34 feet, a railroad spike to a 10" dia. atm
beers South a distance of 60.35 foot and the south bolt of a wastewater
manhole cover bears S 16' 18' 35" W a distance of 60.35 feet;
TMTENGE with the thread of said croak. the following dzatrihed five (51 courses
and distances.
1) N 57° 13' 04" W a distance of 69.57 feet;
2) N 64" 41' 52" W e distance of 120.44 fast;
3) N 78° 19' 58" W a distance or 71.77 feet;
0 6 78''14' 55" W a distance Of 88.43 feet, sad;
5) $ 53' 39' 15" W a distance of 67.99 beet to the southwest corner
hereof, from which an iron rod set on top of the north bank of
said Take Creek beers N 14' 40' w a distance of 100.00 fent.;
2t1EN(N N 14' 4U' W a distance of 193.26 feet to an iron rel set at the
northwest corner hereof in the Curving month line of said Union Pacific
Railroad!
WINCH an arc distance of 362.32 feet with the curving south line of said
railroad, feid curve having a central angle of 5' 11' 01". a rsdlua of 4004.79
feet, a chord distance of 362.19 feet and a chord bearing of N 64. 01' 56" E,
to the Place of Beginning. containing 2.00 acres of land, more or less,
Dock 9759883
N Pages: 6
Date : 12-30-1997
Time : 02:36:38 P.M.
Filed & Recorded in
Official Records
RE ORDERS MEJ tRANrWM of WILLIAMSON County, TX.
ARapuutithenextond;mpa®ewasnot ELAINENTY BIZZELL
alduly legibleforaatiaPoclory nxadedon CLERK
Rec. f 19.00
60 'd
1001 OR Z15 ON Sid Nils0l' ju AON3Od 31111 61:81 AHJ. L6-6 -034
TNt1155PAU286
EXHIBIT B
vet Megotitar
103'7'7
DRUM'S DEED WITH VENnOR'n ;,1$N
TER STATE OP TEXAS 1
• t SNOW ALL NEN BY TRESS PRESEHT81 •
COUNTY OP WILLIAMSON t
That we, Joe P. Brown and wife, Evelyn Jeanette Brown of the
County of Williamson and State of Texas for and in consideration
of the sum of Ten and No/100 Dollars (810.00) and other valuable
consideration to the undersigned paid by the Grantees herein
named, the receipt of which is hereby acknowledged, and the
further consideration of the execution and delivery by Grantees
of their one certain• promissory note of even date herewith in the
principal sum of Seventy -Seven Thousand and No/100 Dollars
(877,000.00) payable to the order of MBank Round Rock in its
offices in Round Rock, Williamson County, Texas, 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 N.G. Whitlow, Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT,
BELL AND CONVEY unto David L. Carlin and wife, Mary C. Carlin of
a••.. •.1..r.d&<,SG,;,A ,i,..v".d._.+ all of the •
following described real property in Williamson County,
to -vitt
Being 4.83 acres of land, situated in the P.A. Holder
Survey, Abstract No. 297, in Williamson County, Texas,
said land being that save land, called {.928 acres, as
conveyed to Joe P. Brown and wife, Evelyn Jeanette
Brown by Deed as recorded in Volume 815, Page 243, of
the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of Noverber, 1984, under the
supervision of Don 8. Bissell, Registered Public
Surveyor, and being more particularly described se
followst
BEGINNING at an iron pin found on the South line of the
Missouri Pacific Railroad marking the Northwest corner
of -the above-mentioned Brown tract, for the Northwest
cokner hereof;
TREECE, along the said South line of the Missouri
Pacific Railroad as follows, along a curve to the left,
(Radius - 6,006.79 feet, Long Chord bears H 58Aleutian
17 minutes E 340.60 feet), an Arc distance ofX60.70
feet to an iron pin sets and11 55 degrees 50 alnitee 30
seconds 8, at 379.89 feet_paes an iron pin sea, fore
total distance of 410.18 feet, in all, to a point in'
the center of Brushy Creek, for the Northeast corner of
the said Brown Tract, for the Northeast corner hereof;
TREWS along the center of Brushy Creek, 8 65 degrees
27 minutes 8, 126.76 feet to a point, for the moat
Easterly Southeast corner hereof,
THENCE, along a Southerly line of the said Brown tract;
8 25 degrees 50 minutes M, at 30.07 feet pees an iron
pin set for a total distance of 109.04 feet, in all, to
an iron pin found;; 8 17 degrees 00 minutes 30 seconds
W 15.07 feet to an iron pin found;: 8 40 degrees 00
minutes W, 160.96 feet to an iron pin foundtand 8 64
degrees 22 minutes 30 seconds W, 231.98 feet to an iron
pin found marking an interior corner of the said Brown
Tract. for an interior corner hereof;
THENCE 8 0 degrees S6 minutes 30 seconds E, 308.98 feet
to an iron pin found on the North line at an existing
* 607 Ridgecreet
Sound Rock. Tr 78664
G;htIAk
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Vm1155P;a287
VOL ire
20 -foot -ride Roadway easement of cecord in Volume 790,
Page 892, of the Deed Records of Williamson County,
Texas, marking the most Southerly Southeast corner of
the said Brown Tract, for the most Southerly Southeast
corner hereof; •
THENCE, along the said North line of the existing
20 -foot -wide Roadway E t, N 80 degrees 02 minutes
30 seconds w, 329.36 feet to an iron pin found marking
the Southwest corner of the said Brown Tract, for the
Southwest corner hereof;
.THENCE, H 14 degrees 40 minutes w, 239.28 feet to the
place of BEGINNING and containing 4.83 acres of land.
This conveyance is made and accepted subject to (a) an
easement dated November 2, 1936, to Texas Power and Light
Company, recorded in Volume 281, Page 501, Deed Records,
Williamson County, Texas, (b) an easement dated January 5, 1965,
to Texas Power and Light Company, recorded in Volume 477, Page
247, Deed Records, Williamson County, Texas, (c) an easement
dated November 22, 1965, to Texas Power and Light Company,
recorded in Volume 485, Page 399, Deed Records, Williamson
County, Texas, (d) a 50 ft. wide access t reserved by
Grantors in Deed dated October 21, 1980, from James J. Hoover and
Wife, Sue Hoover to Joe P. Brown and Evelyn Jeanette Brown,
recorded in Volume 815, Page 243, Deed Records of Williamson
CotntTexas, (e)
mtdoomumcdortedxtdrstateatoltanbroOtawatorenopermonctradoxibbspotertxparztt
tinnerrtbretoointratout and (f) any and all conditions an
restrictions, if any, relating to the hereinabove described
property, to the extent, and only to the extent, that the same
may still be in force and effect, shown of record in the office
of the County Clerk of Williamson County, Texas.
TO RAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Grantees, their heirs and assigns
forever; and we do hereby bind ourselves, our heirs, executors
and administrators to WARRANT and FOREVER DEPEND all and singular
the said premises unto the said Grantees, their heirs and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well
as the Superior Title in and to the above described premises, is
retained against the above described property, premises and
improvements until the above described note and all interest
thereon are fully paid according to the face, tenor, effect and
reading thereof, when this Deed shall become absolute.
The MBank Round Rock, at the instance and request of the
Grantees herein, having advanced and paid in cash to the Grantors .
as is evidenced by the hereinabove described Seventy -Seven
Thousand and No/100 Dollars ($77,000.00) Note, the Vendor's Lien,
together with the Superior Title to said property, is retained
herein for the benefit of said MBank Round Rock and the same are
hereby TRANSFERRED and ASSIGNED to said MBank Round Rock.
EXECUTED this leth day of danaury , 19 85
LYN JEAN B DRONM _ _ "Isr./
OB P. BROWN
ym.1.155p4r4 88
STETS 01, TEXAS •
COUNTY OS WILLIAMBON
This instrument was jioknowledged before se on the /fr day
, ilL
of ay., 44.4447 191et
• L., by Joe P. Brown and Evelyn Jeanette
• atP,1 7)1?••••••
• . "'•4e.;
• e•C•11,/ t
tl
- I
•
4.
•e "IFILED FO
pis jm 2
arzi
Notary PoNlio, State of Texas
'Lay isiklis•-i
Printed Nan of Notary
11 oosaission expires, 743114
:SIAM at COUNT Of IVIUMAISON
lamb, CM* *et this honed
by the gets 0 in ibmpeodaQUI Deo
estetylata. rentaiffsulkililiald bektenuen—Valane
VAR 2 5 1985
or re. ea
ASS CtumC 44".
mumps CONY ?WS
STATE OF TEXAS
I hereby certify that
en the date and at
by me; Ind NM duly ft
end P* des sante
County. Texas. u
OF WILLMAISON
wn MTh
sinned Mem
OM in the /Om
'CORDS of Mat04
buena by au on
011033111104 0311d
•
Date:
Annexation Area:
ExI-IIBTT B
PROVISION OF SERVICES PLAN
January 9, 2003
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
6.68 acres of land
(Ashton Oaks Tract) (D. Carlin)
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.
Ashton Oaks
02-020-Z
REQUEST:
HISTORY:
DATE OF REVIEW:
OWNER:
CONSULTING ENGINEER:
DESCRIPTION:
PRESENT ZONING:
PRESENT LAND USE:
LOCATION:
ADJACENT LAND USE:
PROPOSED LAND USE:
GENERAL PLAN POLICY:
UTILITIES:
STAFF COMMENTS:
RECOMMENDATION:
Planner: Paul Gambrel
Approval of the original zoning District MF
(Multifamily).
Tabled on November 6, 2002 at the applicant's
request.
December 18, 2002
David and Mary Carlin
Baker-Aicklen & Assoc., Inc.
6.68 acres, P.A. Holder Survey, A-297
None: ETJ
Vacant
South of the Missouri Pacific RR, west of A.W.
Grimes Boulevard.
North:
South:
East:
West:
Missouri Pacific Railroad
Turtle Creek Subdivision
A.W. Grimes Boulevard
Vacant
Multifamily development
Residential
The development proposes standard municipal
services.
This parcel, currently owned by the Carlins, is a
portion of the 32.95 acre multifamily tract.
Staff recommends approval.
Ashton Oaks Annexation (6.68 Acres)
•
EXHIBIT B
DOCK 9759883
CASH WARRANTY DEED
Data: December J (Q , , 1997
Grantor: VIVIAN MAYFIELD, not joined by my spouse for the reason
that the property herein conveyed forms no part of my
homestead owned, claimed or occupied.
and
PAUL RAYMOND FORSMAN, a single person
and
LESLIE MARVIN FORSMAN, a single person
and
WILBERT CARL FORSMAN, a single person
and
LAMBERT EUGENE FORSMAN, a single person
and
DURWOOD BOURLAND, not joined by my spouse for the reason
that the property herein conveyed forms no part of my
homestead owned, claimed or occupied.
Grantor's Mailing Address (including county):
VIVIAN MAYFIELD
Rental
r
ntal IQn4br 7X 1g66'/
wit (/A-Msons County
PAUL RAYMOND FORSMAN
P.O. act (06y
Rausd Rock TX. '75680
iui I i IAM Sen County
LESLIE MARVIN FORSMAN
;o(o [Au rrl 44rn✓C
ouArd leachTN:-7 A 6 6 y
nil I MAMSIN� County
. CASH WARRANTY DEED - PAGE 1
::\TIMATA--VTmux. nkft
ORVAL ROODS
6
WILBERT CARL FORSMAN
404 1 Au rej kr.
Ream' I2nt.h, l 1t66Y
WillIAAAsonl, County
LAMBERT EUGENECounty
rri
Ra(xNid -noN�S66y
14,11111A -AA cgN County
DURWOOD BOURLAND
.302 F' A;ppanic/ e
Aus�,nr��6'X 7 -PIC
Tr vi S
County
Grantee: DAVID L. CARLIN and MARY C. CARLIN
Grantee's Mailing Address (including County):
DAVID L. �C,A�RLIN
e tsti ieacc. e 7f 6
(r1ll,ann S
OK County
MARY C. CARLIN
/-7.V4, FO 5/y iu A Tx /
rP,��lA.d r., -19'EH
v
U/rII/AutSQA/ County
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
APPROXIMATELY 2.0 ACRES of land out of the P. A. Holder
Survey, Abstract No. 297, situated in Williamson County,
Texas, being a portion of the tract conveyed to Carl Antone
Forsman by the Deed recorded in Volume 208, Page 462, Deed
Records of Williamson County, Texas, said 2.0 acre tract more
particularly described in Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral
severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners
in any walls and fences situated on a common boundary; any
encroachments or .overlapping of improvements; and taxes for the
• CASH WARRANTY DEED - PAGE 2
7
current year, the payment of which Grantee assumes, and the
following specific reservations and exceptions:
1. 12' access easement and gravel road traversing subject
property as shown on survey prepared by Stan Coalter,
R.P.L.S., dated November 26, 1997.
Grantor, for the consideration, receipt of which is
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executor, administrators, successors or
assigns forever. Grantor's heirs, executors, administrators and
successors are hereby bound to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
CASH WARRANTY DEED - PAGE 3
I:\TEXT\711—\7477 .MPD/ctc
VIVIAN MAYFIELD
PAUL RAYMOND FORSMAN
r
LESLIE MARVIN FORSMAN
WILBERT CARL FORSMAN
%', ICY:PQM-a-1/4
LAMBERT EUGENE FORSMAN
DURWOOD BOURLAND
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 041114exatti
This instrument was acknowledged before me on this the //1*
day of Aecem bar , 1997 by VIVIAN MAYFIELD.
STA
COUNTY OF
ovrft TONA F. BOERST
NOTARY PUBLIC
State of Texas
xp 05•06 98
Notary Public, State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on this
day of AeeemAer , 1997 by PAUL RAYMOND FORSMAN.
4"%k TONA F. BOERST
NO tARV PUBLIC
fTxas
tog,
og �t i zr ri ap. 050696
OF TERAS
COUNTY OFl•P/;,,,,,,�,4„�
This instrument was acknowledged before me on this the /Oth
day of beeember , 1997 by LESLIE MARVIN FORSMAN.
Notary Public, State of Texas
the loth
Notary Public, State of Texas
ACKNOWLEDGMENT
TONA F. BOERST
NOTARY P;)B1.R
State of TI:zas
STATE OF TERAS
COUNTY OFy„./
This instrument was acknowledged before me
ACKNOWLEDGMENT
da of , 1997 by WIL
ti:..
1... State o. Te,::,, As.
;;�_.
STATE OF TEXAg
COUNTY OF ���
BERT CARL FORSMAN.
&clea t -A �er t o.t
Notary Public, State of Texas
on this the /dth
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the MO:
by LAMBERT EUGENE FORSMAN.
TONA F. BOERST
.Nate of ,aa..
Comm. Exp Ot, 6 .t e
CASH WARRANTY DEED - PAGE 4
n
Notary Public„ State of Texas
RECORDERS MEMORANDUM
All or puts Of the Wit on this page was not
clemly legible for satisfactory tecordabon.
ACKNOWLEDGMENT
STATE OF T8�
COUNTY OF l`GAA
This instrument was acknowledged before me on this the 1il�
day,.pg F(U4At1LC . 1597 a by DURWQOD BOURLAND,
SARAANNGIWAN i
NOTARYPUatJC
STATEOFTEXAS
SWINK
I
NotarPublic, State of Texas
Comm. Exp. Ol.Op-0
My 1
PREPARED IN THE OFFICE OF:
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Alamo Title Company
1717 North IH -35, Suite 150
Round Rock, Texas -78664
CASH WARRANTY DEED - PAGE 5
It\TIXT\TA-47477W c.YPU/eAe
1r--..._. 1
EXHIBIT "A"
'TRIO Nmps
BEANO 2.00 AIES OF LANA, MDR;: OR I.itS, WT Cr THE P. h. NMUP.R suaVRY,
Agi'L1ic a NO. 297. IN WIIJ,IAMSON Cowry, TURAS. AND MING A PART Or THAT
ebYrAiN 133.25 ACRE TRACT Or LAND ocsC:Rrsso IN A DUD TO CARL ANTICI4tt TORSION
RECORDED tN VO;,t1NE 208, PAGE 662, OM RACDROS OF WILLIMISON wart, AND BEING
uta PARTICULARLY Of5t3JUSO TY r46'lts AND ROUNDS A3 romans, TO WLTs
BEGINNING at the northeast corner of said 153,25 acre tract in the curving
South line or the Union Pacific Railroad, from which on iron rod found at the
northwest corner of that certain 4.831 pore tract of land described in a deed
to David L. Carlin bears 5 14' 40' E a distance u( 1.25 reel;
THENCE 8 14' 40' t a distance of 404.06 feet with tile east line of said 153.25
Ada Mat to ane southeast turner hereof in the thrcnd of Lake Creek, from
which an iron rod found at the southwest corner of said 4.831 acre tract bears
N 14' 40' W a distance or 163.34 feet, a railroad spike in a 10" dia. elm
beers South a distance of 60.35 foot and the south holt of w wastewater
manhole cover bears S 16' 18' 35" W a distance of 60.75 fent;
THENCE with the thread of said Creek. the following dee<ri`M five (5) courses
rind dictancess
1) N 57' 13' 04" S4 a distance of 69.57 feet;
2) M 64' 41' 52" W e distance of 120.44 feat:
3) N 78' 19' 38" W a distance of 71.77 (tet;
4) S 78''14' 55" 0 a distance of 88.43 f=et, And;
5) S 53' 39' 15" W a distance of 67.99 Ceet to the southwest corner
hereof, from whish an iron rod set on tvy of Lilt north bank of
Raid Take Creek beats N 14' 40' W a distance of 100.00 feat;
2'ENCR w 14' 40' W a distance of 1.93.26 foot to an iron rod set at the
northwest Corner hereof in the curring south line of said Union pacific
Railroad;
THENCE an aro distance of 362.32 feet with the curving south line of said
railroad, Said curve having a central angle of 5° 11' 01", a radius of 4004.79
feet. a Chord distance of 362.19 feet and a chord bearing of N 64' 01' 56" E.
to the Place of Beginning. containing 2.00 acres of lmd. more or less,
C0'd
RECORDERS MEMORANDUM
AR or proof the sexton this pegs was not
clearly legible for mdsf'aotory recatdepon,
)foes 975988.
N Pages: 6
Date : 1 -30-1997
2:36:38 P.M.
time s
Filed a '.corded in
Offici Records
of WI IAMSON County, TX.
COUITY CLERKLC
Re f 19.00
1001 66Z 219 'OH kid sun 3O AOH309 317111 61:91 fiHJ. L6-6 -03C
r 1 T
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... . wt 1155 Pict 286 EXHIBIT B
tat rgagsettar
10377
WARAAMTY DERE WTTM VR 2' a Lraw , ..,.��+
TBB STATE OP TEXASi
• r SNOW ALL MEN BY THESE PRESENTS*
COUNTY OP WILLIAMSON *
That we, Jos P. Brown and wife, Evelyn Jeanette Scan of the
County of Williamson and State of Texas for and in consideration
of the sum of Ten and No/100 Dollars (610.00) and other valuable
consideration to the undersigned paid by the Grantees herein
named, the receipt of which is hereby acknowledged, and the
further consideration of the execution and delivery by Grantees
of their one certain promissory note of even date herewith in the
principal sum of Seventy -Seven Thousand and No/100 Dollars
(677,000.00) payable to the order of MBank Round Rock in its
offices in Round Rock, Williamson County, Texas, ae 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 oven date herewith to N.G. Whitlow, Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT,
BELL AND CONVEY unto David L. Carlin and wi;e,, Mary C. Carlin of
W„i.nrn u;J 7ti all of the
following described teal property in Williamson County, Texas,
to -wit.
Being 4.83 acres of land, situated In the P.A. Bolder
Survey, Abstract No. 297, in Williamson County, Texas,
said land being that same land, called 6.828 acres, as
conveyed to Joe P. Brown and wife, Evelyn Jeanette
Brown by Deed as recorded in Volume 815, Page 243, of
the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of November, 1984, under the
supervision of Don B. Bissell, Registered Public
Surveyor. and being more particularly described as
follows
BEGINNING at an iron pin found on the South lino of the
Missouri Pacific Railroad marking the Northwest corner
of the above-mentioned Brown tract, for the Northwest
corner hereof;
THENCE, along the said South line of the Missouri
Pacific Railroad as follower along a curve to the left,
(Radius • 4,004.79 feat, Long Chord bears N 58 Alegre..
17 minutes E 340.60 feet), an Arc distance of 340.1O
feat to an iron pin settand N 55 degrees 50 sindtei 30
seconds B. at 379.09 feet pass an icon pin set,. Poi
total distance of 410.18 feet, in all, to a point in' -
the center of Brushy Creek, for the Northeast corner of '
the said Brown Tract, for the Northeast cornet hereof;
TBENCS along the center of Brushy Creek, 8 65 ;degrees ,
27 minutes E, 126.76 feet to a point, for the most
Easterly Southeast corner hereof;
THENCE, along a Southerly line of the said Brown tract;
8 25 degrees 30 minutes N, at 30.07 feet pass an iron
pin set for a total distance of 109.04 feet, in all, to
an iron pia found;18 17 degrees 00 minutes 30 'seconds
W, 15.07 feat to an iron pin found;) 0 40 degrees 00
minutes W, 160.96 feet to an iron pin found and 8 64
degrees 22 minutes 30 seconds N, 231.98 feet to an iron
pin found Barking an interior corner of the said Brown
Tract, for an interior corner hereof;
THENCE 8 0 degrees 36 minutes 30 seconds E, 308.98 feet
to an iron pin found on the North line at an existing
• e 607 Ridgeoreec
Round lock. 11 78666
mrraweopCot[COY+'av row
U�I
53
•
•
1
VW 1155 P 1155 mg 287
VOL 428corgi
20 -foot -wide Roadway easement of record in Volume 790,
Page .892, of the Deed Records of Williamson County,
, marking the most Southerly Southeast corner of
the said Brown Tract, for the most Southerly Southeast
corner hereof; •
THENCE, along the said North line of the existing
20-fcot-wide Roadway E t, N 80 degrees 02 minutes
• 30 seconds W, 329.36 feat to an iron pin found marking
the Southwest corner of the said Brown Tract, for the
Southwest corner hereof
.TBENCE, N 14 degrees 40 minutes N, 239.28 feet to the
place of BEGINNING and containing 4.83 acres of land.
This conveyance is made and accepted subject to (a) .an
easement dated November 2, 1936, to Texas Power and Light
Company, recorded in Volume 281, Page 501, Deed Records,
Williamson County, Texas, (b) an easement dated January. 5, 1965,
to Texas Power and Light Company, recorded in Volume 477, Page
247, Deed Records, Williamson County, , (c) an easement
dated any,
recorded vinbeVolume 485, Page Texasr 22, 1965, to 399. Deed Records,h Willt iamson
Couon
Grantors in Deed(dated OOcctoft.
ber 21, 1980, fromeasement
J reserved over and
wife, Sue Boover to Joe P. Brown and Evelyn Jeanette Brown,
recorded in Volume 815, Page 243, Deed Records of Williamson
County, Texas, (e)
mDdfr)boa7m9arwxrraimenrY - mumossomuosammosmoginamueonsoomboanuoonomommarocatlx
slicutotbritizewnxidatagitrocetThiguixjakithirbtaccsand (f) any and all conditions an
restrictions, if any, relating to the hereinabove described
property, to the extent, and only to the extent, that the same
may still be in force and effect, shown of record in the office
of the County Clerk of Williamson County, Texas.
TO NAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Grantees, their heirs and assigns
forever, and we do hereby bind ourselves, our heirs, executors
and administrators to WARRANT and FOREVER DEPEND all and singular
the said premises unto the said Grantees, their heirs and
assign, 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.
The MBank Round Rock, at the instance and request of the
Grasisevidencedbyhaving
9thevanced and hereinabove describedidin cash tothe Grantors .
Seventy -Seven
. Thousand and No/100 Dollars (877,000.00) Note, the Vendor's Lien,
toherein forr ith the Superior the benefit of saidtMBank Round to said Rock and the sameiare
hereby TRANSFERRED and ASSIGNED to said MBank Round Rock.
EXECUTED this 16th day of Jaunty , 19 85
t'CP
P. BROWN EVBLYR0 BROWN" - ""1•��/
•
wa1155► 88
V A
STATE OF TEXAS .
COUNTY OP WILLIAMSON
^��
This instrument vas.�a*Bowledged before as on the /6 ,day
of Ma ' p�
lf,, by Joe P. Brom and Evelyn Jeanette
Bro, •;,....•
Chi tn�t�44.1, J
Notary State of Texas
Printed Name of Notary
My commission expires 743'1L
ORD
ip 24
STATE of NAAS
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040331 Nod 0311:
FE MD RFOCKED
OFFICIAL PUBLIC RECORDS
J
03-04-2001 09:42 AM 2003018984
MSTANLEY $65.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11-o3 -0/-.723-9,85"
PIcase2 rrn to
CITY OF ROUND ROCK
ADMINISTRATION
"1 EAST MAIN STREET
("a, TEXAS 18