A-03-01-23-9B6 - 1/23/2003ORDINANCE NO. A - O - O I a'3 - 9,6U
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 9.59
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 9.59 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
\woRLoox\0:\WDOX\OROINANC\o3o123B6.we"/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 (93r"/t day
of JcutL4j1 , 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.
NYLWELL, Mayor
City of Round Rock, Texas
ATTEST:
(!11wat�,wR Y/n�
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
COUNTY OF WILLIAMSON
This instrument
6
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was acknowledged
,2007 A.D.
of
Te S chel
Co -ntal Homes of Texas LP.
before me, by Terry Mitchell this 30-i day of
T)
1.
•cSiYfPu , 0
`th jt
,may iN =
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Notary Public in and for the State of Texa',4,'44,
//into
Page 1 of 4
Continental Homes
9.59 Acre Tract
EXHIBIT A
DESCRIPTION
FOR A 9.59 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A POTION OF A CALLED
151.37 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO CONTINENTAL
HOMES OF TEXAS, L.P. BY INSTRUMENT RECORDED IN DOCUMENT
NO. 20000066006 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 9.59 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a %1" iron rod found for the northeast corner of a called 6.49 acre tract of land
as described in that deed to Sycamore Trail, Ltd. and recorded in Document No. 2001007251 of
the Official Records of said county, same being on an angle point of the west line of said
151.37 acre tract, same being on an angle point on the west line hereof;
THENCE with west line of said 151.37 acre tract, N 02° 23' 42" W for a distance of 53.67 feet
to a point for the northwest corner of said 151.37 acre tract, same being on the south right-of-
way line of Missouri Pacific Railroad, same being the northwest corner hereof;
THENCE with north line of said 151.37 acre tract, same being the south right-of-way line of
said Missouri Pacific Railroad, the following two (2) courses and distances:
1) N 70° 45' 22" E for a distance of 465.41 feet to a non -tangent point of curvature hereof, and
2) with the arc of a curve to the left, having a radius of 3564.94 feet, an arc length of
475.89 feet, a central angle of 07° 38' 54", and a chord which bears, N 69° 29' 34" E for a
distance of 475.54 feet to the northeast comer of said 151.37 acre tract, same being the
northeast comer hereof;
THENCE with the east line of said 151.37 acre tract, same being the in part with the west line of
a called 2.00 acre tract as described in that deed to David L. Carlin and Mary C. Carlin and
recorded in Document No. 9759883 of the Official Records of said county, S 16° 50' 06" E pass
a A" iron rod found for the northwest comer of said 2.00 acre tract at for a distance of 7.78 feet,
pass a 'A" iron rod found at a distance of 93.44 feet, and continuing for a total distance of
201.22 feet to a point for the southwest comer of said 2.00 acre tract, same being in the
approximate centerline of Lakecreek, same being the' southeast corner hereof;
THENCE through the interior of said 151.37 acre tract, with the approximate centerline of said
Lakecreek, the following eight (8) courses and distances:
Page 2 of 4
Continental Homes
9.59 Acre Tract
1) S 66° 05' 20" W for a distance of 152.99 feet for an angle point hereof,
2) S 49° 39' 42" W for a distance of 151.66 feet for an angle point hereof;
3) S 41° 06' 33" W for a distance of 194.36 feet for an angle point hereof,
4) S 59° 08' 04" W for a distance of 71.17 feet for an angle point hereof;
5) S 31° 51' 12" W for a distance of 192.06 feet for an angle point hereof,
6) S 38° 21' 46" W for a distance of 255.74 feet for an angle point hereof;
7) S 35° 46' 52" W for a distance of 162.08 feet for an angle point hereof, and
8) N 84° 04' 06" W for a distance of 84.98 feet to the southeast corner of said 6.49 acre tract,
same being on the west line of said 151.37 acre tract, same being the southwest corner
hereof;
THENCE with the west line of said 151.37 acre tract, same being the east line of said 6.49 acre
tract, the following four (4) courses and distances:
1) N 38° 50' 30" W for a distance of 31.23 feet to a Baker-Aicklen capped %2" iron rod found
for an angle point hereof,
2) N 24° 26' 30" W for a distance of 34.83 feet to a 'A" iron rod found for an angle point
hereof,
3) N 01° 45' 41" W for a distance of 122.81 feet to a %2" iron rod found for an angle point
hereof, and
4) N 02° 21' 34" W for a distance of 470.10 feet to the POINT OF BEGINNING hereof and
containing 9.59 acre of land.
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1154-2-002-29 File Name: W:\PROJECrSM{OOVFRIZON1NGCONTQJFN AL.do°
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EXHIBIT B
20 7 Pgs
SPECIAL WARRANTY DEED
Patricia B. Green, Independent Executrix of the Estate of Vivian L. Mayfield, of Travis
County, Texas ("Grantor"), for the consideration hereinafter stated, does GRANT, SELL, AND CONVEY
unto Continental Homes of Texas, L.P., a Texas limited partnership doing business as Milburn
Homes, with offices in Travis County, Texas, ("Grantee"), all of Grantor's right, title and undivided
interest in and to the following described real property, together with all improvements thereon,
situated in Williamson County, Texas (the "Property"):
151.37 acres out of the P.A. HOLDER SURVEY No. 9, ABSTRACT 297,
in Williamson County, Texas, said 151.37 acres of land being the
remainder of a called 153.25 acre tract of land as described in a deed
to Carl Anton Forsman, et al, as recorded in Volume 128, Page 456
of the Official Records of Williamson County, Texas, said 151.37
acre tract being more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes;
To HAVE AND To How the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, Grantee's heirs, executors, administrators,
successors, and assigns, forever.
And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, and
successors, to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee,
Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to claim
the same, or any part thereof, by, through, or under Grantor, but not otherwise, subject however, to
the Permitted Exceptions set forth on gxhibit "B" attached to and incorporated in this Deed by
reference. Grantee assumes the payment of ad valorem taxes and assessments for the current year
and for subsequent years.
The consideration for this conveyance, receipt ofwhich Grantor acknowledges, is $10.00 and
other valuable consideration paid to Grantor for which no lien either express or implied is retained.
Grantee's Mailing Address:
SPECIAL WARRANTY DEED
Continental Homes of Texas, L.P.
4515 Seton Center Parkway, Suite 200
Austin, Texas 78759
Page 1 Ponnn/Milbum
TCT/2524354.I/2-I5-00
Executed this 2$ day of September, 2000.
GRANTOR:
\
0.2t—l• . D • tn._ tz M )
Patricia B.Gi- u, Independent Executrix of the Estate
of Vivian L. Mayfield
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instnunent was acknowledged before me on September 078
Green, Independent Executrix ofheEstate of Vivian L. Mayfield.
+" a CINDY L. HARRINGTON
Notary pi , Sits crass
•,!�` My ea rabn eon
1•,. , e° SEPTEMBER 17, 2003
Timothy C. Taylor, Esq.
7ActxSON WALKER L.L.P.
100 Congress Avenue, Suite 1100
Austin, Texas 78701-4099
TRAVIS TITLE CO.
SPECIAL WARRANTY DEW
2000, by Patricia B.
Page 2 Fcu n,i/Mibum
Foreman Boundary
151.37 Acres
EXHIBIT A
FN00-085 (RIM)
September 20, 2000
Job No. 050214.001.1.4047
A DESCRIPTION OF 151.37 ACRES OF OUT OF THE P.A. HOLDER SURVEY NO. 9, ABSTRACT 297,
IN WILLIAMSON COUNTY, TEXAS. SAID 151.37 ACRES OF LAND BEING THE REMAINDER OF A
CALLED 153.25 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CARL ANTON FORSMAN,
ET AL, AS RECORDED IN VOLUME 128, PAGE 456 OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS. SAID 151.37 ACRE TRACT, AS SHOWN ON THE CARTER AND BURGESS, INC.
PLAT NO. 050214001, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a'/cinch iron rod found for the southeast comer of the herein described 151.37 acre tract,
being the southwest corner of Lot 11, Block A of South Creek Section One, a subdivision recorded in
Cabinet F, Slide 66 of the Plat Records of Wiifiamson County, Texas, and being in the north line of Block
B of South Creek Section Seventeen, a subdivision recorded in Cabinet F, Slide 230 of the Plat Records
of Williamson County, Texas;
THENCE, with the south line of the herein described 151.37 acre tract, being the north Ane of the said
South Creek Section Seventeen, S 83'28'55' W, passing at•a distance of 504.36 feet a 114 -inch iron rod
found for the northwest corner of a called 1.50 are tract of land described in a deed to Hugh Noel as
recorded in Document No. 9652164 of the Official Records of Williamson County, Texas, being the
northeast comer of Round Rock East, a subdivision, continuing with the south line of the herein described
151.37 acre tract, being the north line of the said Round Rock East, passing at a distance of 1615.16 feet
a% -inch iron rod found for the northwest comer of the said Round Rock East, being a northeast comer of
a called 16.812 acre Park Site as shown on Greenslopes At Lake Creek Section Two. a subdivision
recorded In Cabinet D, Slide 70 of the Plat Records of Williamson County , Texas, continuing with the
south line of the herein described 151.37 acre tract, being the north Une of the said Park Site, a total
distance of 1758.54 feet to a 5' fence comer post found for the southwest corner of the herein described
151.37 acre tract, being the northwest corner of the said Park Site, and being in the east line of BlockA of
the said Greensiopes At Lake Creek Section Two;
THENCE. with the west line of herein described 151.37 acre tract, being the east line of the said Block A,
N 0440'12' W, passing at a distance of 485.27 feet the northeast comer of the said Greenslopes At Lake
Creek Section Two, being the southeast comer of Greenslopes At Lake Creek Section Nine, a
subdivision recorded In Cabinet F. Slide 115 of the Plat Records of WlAtamson County,Texas, continuing
a total distance of 635.97 feet to a 34 -inch iron rod found for an angle point in the est line of the said
Greensiopes At Lake Creek Section Nine;
THENCE, continuing the west line of the herein described 151.37 acre tract, being the east line of the
said Greensiopes At Lake Creek Section Nine, the following ten (10) courses:
1. N 05'37'14" W, a distance of 303.14 feet to a 518 -Inch iron rod with cap set;
2. N 01'53'59' W, a distance of 134.84 feet to a 60-D nail found;
3. N 01642'46' E, a distance of 271.01 feet to a 5!6 -inch iron rod with cap set
4. N 0449'10" W, a distance of 297.49 feet to a' S6- Inch Iron rod found;
5. N 05'46'57' W, a distance of 248.36 feet to a 518 -Inch Iron rod with cap set;
6. N 03'39'14' W, a distance of 184.70 feet to a 5/8 -inch iron rod with cap set;
Page 1 of 4
EXHIBIT A
Foraman Boundary
151.37 Acres
FN00-0135 (RLM)
September 20, 2000
Job No. 050214.001,1,4047
7. N 05°05'29" W, a distance of 247.21 feet to a 5/8 -Inch Iron rod with cap set;
8. N 05°31'59" W, a distance of 214.93 feet to a 5/8 -inch Iron rod with cap set;
9. N 05°11'44" W, a distance of 274.53 feet to a 5/8 -inch iron rod with cap set;
10. N 05°47'57" W, a distance of 48.62 feet to a 1/2 -inch Iron rod found, for the northeast comer of the said
Greenslopes At Lake Creek Section Nine, being a southeast corner of the remainder of a called
231.374 acre tract of land as described in a deed to Gaston Development Co. and Garland
Development Co. as recorded hi Volume 710, Page 700 of the Official Records of Williamson County,
Texas;
THENCE, continuing with the west line of the herein described 151.37 acre tract, being the east line of
the said 231.374 acre tract the following five (5) courses:
1. N 04°42'21" W, a distance 01274.53 feet to a 5/8 -inch iron rod with cap set;
2. N 14°35'00" W, a distance of 68.55 feet to a 5/8 -inch iron rod with cap set;
3. N 01°12'00" W, a distance of 58.95 feet to a W8 -inch iron rod with cap set;
4. N 19°18'53" E, a distance of 57.66 feet to a 5/8 -Inch Iron rod with cap set;
5. N 30°12'00" W, a distance of 47.68 feet to a 5/8 -Inch iron rod with cap set, for the northeast comer
of the said 231.374 acre tract, being the southeast comer of a called 6.591 acre tract of land
described In a deed to Sue Hoover as recorded In Volume 2159, Page 880 of the Official Records
of Williamson county, Texas;
THENCE, continuing with the west line of the herein described 151.37 acre tract, being the east line of
the said 6.591 acre tract the following four (4) courses:
1. N 36°28'50" W, a distance of 39.42 feet to a 5/8 -Inch iron rad with cap set;
2. N 22°05'00" W. a distance of 34.83 feet to a 5/8 -inch iron rod with cap set;
3. N 00°40'00" E, a distance of 122.92 feet to a 5/8 -inch iron rod with cap set;
4. N 00°00'00° W, a distance of 521.98 feet to a 5/8 -inch Iron rod with cap set, for the northwest comer
of the herein described 151.37 acre tract, being the northeast corner of the said 6.591 acre tract. and
being in the southeast line of a Union Pacific Railroad, (formerly known as International and Great
Northern Company Rallroad) 100' right-of-way as recorded in Volume 17, Page 705 of the Official
Records of Williamson County, Texas, from which a 1 -Inch iron pipe with bolt found bears N
00°00'00" W, a distance of 1.65 feet;
THENCE, with the northwest line of the herein described 151.37 acre tract, being the southeast fine of
the said Union Parc right-of-way, the following two (2) courses:
1. N 72'31'19" E, a distance of 465.41 feet to a 5/8 -inch iron rod with cap set;
Page 2 of 4
EXHIBIT A
Forsman Boundary
151.37 Acres
September20,R2 00
Job No. 050214.001.1.4047
2. a distance of 476.44 feet with an arc of a curve to the left whose central angle Is 07°39'26", with a
radius of 3564.94 feet and whose chord bears N 71°15'15" E, a distance of 476.08 feet to a 5/8 -inch
iron rod with cap set for the northwest comer of a called 2.0 acre tract of land described in a deed to
David L Carlin and Mary C. Carlin as recorded in Document No. 9759883 of the Official Records of
Williamson County, Texas, for a northeast comer of the herein described 151.37 acre tract;
THENCE, leaving the southeast line of the said Union Pacific Railroad, being the northwest line of the
original 153.25 acre tract. with the boundary of the said 2.0 acre tract and the herein described 151.37
acre tract, the following six (6) courses:
1. S 14°40'00" E, at a distance of 7.82 feet to 14 inch iron rod found, a total distance of 211.08 feet to
a point in the approximate center of Lake Creek:
2. N 5303915" E, a distance of 67.99 feet to a point in the approximate center of Lake Creek:
3. N 78°14'55" E, a distance of 88.43 feet to a point in the approximate center of Lake Creek:
4. S 78°19'58" E, a distance of 71.77 feet to a point in the approximate center of Lake Creek:
5. S 64°43'52" E, a distance of 120.44 feet to a point in the approximate center of Lake Creek:
6. S 70°33146" E, a distance of 56 11 feet to a point in the approximate center of Lake Creek, being
the southeast comer of the said 2.0 acre tract, being a northeast corner of the herein described 151.37
acre tract, and being in the west line of a called 42.478 acre tract of land described in a deed to Richard
C. Jennings as recorded in Document No. 9558188 of the Official Records of Williamson County, Texas;
THENCE, with the east line of the herein described 151.37 acre tract, being the west line of the said
42.478 acre tract, the following two (2) courses:
1. S 14°38'22" E, a distance of 312.87 feet to a fence post on a cattle guard;
2. S 14.36'27" E, a distance of 1460.07 feet to a 5/8 -Inch iron rod with cap set;
THENCE, continuing with the east line of the herein described 151.37 acre tract, being the west line of
the said 42.478 acre tract, being the west line of a called 1.7 acre tract of land described in a deed to J
& S Group, Ltd. as recorded in Volume 2525, Page 841 and Volume 2532, Page 623 of the Official
Records of Williamson County, Texas, and being the west line of South Creek Section Twenty, Phase
One, a sub dMsion recorded in Cabinet L, Slide 201 of the Plat Records of Williamson County , Texas,
S 07°00'43" E a distance of 545.21 feet to a 14 -inch iron rod found for1he southwest comer of the said
South Creek Section Twenty, Phase One, being the northwest comer of Lot 1, Block B of South Creek
Section Seven, a subdivision recorded in Cabinet G, Slide 259 of the Plat Records of Williamson County,
Texas;
THENCE, continuing with the east line of the herein described 151.37 acre tract, being the west line of
the said South Creek Section Seven, and the west ine of the said South Creek Section One, the following
two (2) courses:
1. S 06° 58' 17" E, a distance of 1507.12 feet to a 114 -Inch Iron pipe found for an angle point, and
Page 3 of 4
EXHIBIT A
Foreman Boundary
151.37 Acres
FN00.065 (RLM)
September 20, 2000
Job No. 050214.001.1.4047
2. S 07° 33' 54' E, a distance of 165.77 feet to the POINT OF BEGINNING and containing 151.37
acres of land.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That i, John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 20th day of September,
2000 A.D. -
Carter & Burgess, Inc.
901 South Mopac Blvd., Suite 200
Austin, Texas 78746
Page 4 of 4
EXHIBIT,A
John Strawbdd�e
Registered Professional Land Surveyor
No. 4283 - State of Texas
TCT/2526165.2/9-18-00
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy
taxes and issue bonds.
2. Electric transmission and/or distribution line easement, together with all rights
granted therein, conveyed to Texas Power & Light Company as described in Volume 281, Page 503,
Deed Records of Williamson County, Texas.
3. Pipe and telephone lines easement and right of way, together with all rights granted
therein, conveyed to Lone Star Gas Company, as described in Volume 296, Page 353, Deed Records
of Williamson County, Texas.
4. 30' public utility easement, together with all rights granted therein, conveyed to the
City of Round Rock as described in Volume 1074, Page 218, Official Records of Williamson
County, Texas.
5. Public utility easement and right of way, together with all rights granted therein,
conveyed do the City of Round Rock as described in Volume 1123, Page 325, Official Records of
Williamson County, Texas.
6. The following matters reflected on the Survey dated September 20, 2000, by Carter
and Burgess, Inc., John Strawbridge, Registered Professional Land Surveyor No. 4283:
RETUN TO
TRAVIS TITLE CO.
PERMITTED EXaMONs
Overhead utility lines traversing the subject property;
variation between fences and the north and west property lines;
rights of ingress and egress over the dirt roads and gravel roads traversing the
Property; and
portions of the Property lying within the 100 -year flood plain.
FILED AT RECORDED
OFFICIAL PUBLIC RECORDS
10-03-2000 08:13 AM 2000066006
MILLER $21.00
NANCY E. RISTER 'COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
plait 'B^
Page 1 of 1
Forman
Zoning MF (9.59 Acres)
Ashton Oaks Origina
Ashton Oaks
02-019-Z
REQUEST: Approval of the original zoning District MF
(Multifamily).
HISTORY: Tabled on November 6, 2002 at the applicant's
request.
DATE OF REVIEW: December 18, 2002
OWNER: Continental Homes of Texas, L.P.
CONSULTING ENGINEER: Baker-Aicklen & Assoc., Inc.
DESCRIPTION: 9.59 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: Vacant
East: Vacant
West: Vacant
PROPOSED LAND USE: Multifamily development
GENERAL PLAN POLICY: Residential
UTILITIES: The development proposes standard municipal
services
STAFF COMMENTS:
This parcel, currently owned by Continental Homes of
Texas, L.P., is a portion of the 32.95 acre multifamily
tract.
RECOMMENDATION: Staff recommends approval.
Planner: Paul Gambrel
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
9.59 acres of land
(Ashton Oaks Tract) (Continental
Homes of Texas, L.P.)
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.
DATE: January 17, 2003
SUBJECT: City Council Meeting — January 23, 2003
ITEM: 9.B.6. Consider an ordinance annexing 9.59 acres of land, more or less, out
of the P.A. Holder Survey, in Williamson County, Texas. (Ashton
Oaks Tract) (Continental Homes of Texas, LP.) (First Reading)
Resource: Joe Vining, Planning Director
History: This tract lies south of Highway 79 aka Palm Valley Boulevard and southerly of the
Missouri Pacific RR, and west of A.W. Grimes Boulevard. 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: Continental Homes of Texas, L.P.
Impact: Fire and Police
Benefit: Increase in availability for multifamily development for the southeast area 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
007.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
e 11-, a CD
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-
23-9B6, 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 11th
day of February, 2003.
ni2.) j7)
Christine R. Martinez, City Secretary
?"
ORDINANCE NO. A 4;6- 01-.9 -1961p
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 9.59
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 9.59 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
::ODMA\WORLDOX\O:\WDOX\ORDINANC\030123B6.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.
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 (Y3r"/tday
of ��a,Vt, 2003.
Alternative
READ and APPROVED on first reading this the day of
, 2003.
READ, APPROVED and ADOPTED on second reading this the
day of , 2003.
ATTEST:
atuusyii)
NYLWELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
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
COUNTY OF WILLIAMSON
S
S
This instrument was acknowledged
(tttwanu/ , 2007 A.D.
ot
Te atchel
Co -ntal Homes of Texas LP.
before me, by Terry Mitchell this 7. day of
cS' . %YN......................
p",
Notary Public in and for the State of Texas0J94
Page 1 of 4
Continental Homes
9.59 Acre Tract
EXHIBIT A
DESCRIPTION
FOR A 9.59 ACRE TRACT OF LAND IN THE P. A. HOLDER SURVEY, ABSTRACT
NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A POTION OF A CALLED
151.37 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO CONTINENTAL
HOMES OF TEXAS, L.P. BY INSTRUMENT RECORDED IN DOCUMENT
NO. 20000066006 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 9.59 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a %" iron rod found for the northeast comer of a called 6.49 acre tract of land
as described in that deed to Sycamore Trail, Ltd. and recorded in Document No. 2001007251 of
the Official Records of said county, same being on an angle point of the west line of said
151.37 acre tract, same being on an angle point on the west line hereof;
THENCE with west line of said 151.37 acre tract, N 02° 23' 42" W for a distance of 53.67 feet
to a point for the northwest comer of said 151.37 acre tract, same being on the south right-of-
way line of Missouri Pacific Railroad, same being the northwest corner hereof;
THENCE with north line of said 151.37 acre tract, same being the south right-of-way line of
said Missouri Pacific Railroad, the following two (2) courses and distances:
1) N 7r 45' 22" E for a distance of 465.41 feet to a non -tangent point of curvature hereof, and
2) with the arc of a curve to the left, having a radius of 3564.94 feet, an arc length of
475.89 feet, a central angle of 07° 38' 54", and a chord which bears, N 69° 29' 34" E for a
distance of 475.54 feet to the northeast corner of said 151.37 acre tract, same being the
northeast corner hereof;
THENCE with the east line of said 151.37 acre tract, same being the in part with the west line of
a called 2.00 acre tract as described in that deed to David L. Carlin and Mary C. Carlin and
recorded in Document No. 9759883 of the Official Records of said county, S 16° 50' 06" E pass
a %" iron rod found for the northwest comer of said 2.00 acre tract at for a distance of 7.78 feet,
pass a 'A" iron rod found at a distance of 93.44 feet, and continuing for a total distance of
201.22 feet to a point for the southwest corner of said 2.00 acre tract, same being in the
approximate centerline of Lakecreek, same being the southeast comer hereof;
THENCE through the interior of said 151.37 acre tract, with the approximate centerline of said
Lakecreek, the following eight (8) courses and distances:
Page 2 of 4
Continental Homes
9.59 Acre Tract
1) S 66° 05' 20" W for a distance of 152.99 feet for an angle point hereof,
2) S 49° 39' 42" W for a distance of 151.66 feet for an angle point hereof;
3) S 41° 06' 33" W for a distance of 194.36 feet for an angle point hereof,
4) S 59° 08' 04" W for a distance of 71.17 feet for an angle point hereof;
5) S 31° 51' 12" W for a distance of 192.06 feet for an angle point hereof,
6) S 38° 21' 46" W for a distance of 255.74 feet for an angle point hereof;
7) S 35° 46' 52" W for a distance of 162.08 feet for an angle point hereof, and
8) N 84° 04' 06" W for a distance of 84.98 feet to the southeast corner of said 6.49 acre tract,
same being on the west line of said 151.37 acre tract, same being the southwest comer
hereof;
THENCE with the west line of said 151.37 acre tract, same being the east line of said 6.49 acre
tract, the following four (4) courses and distances:
1) N 38° 50' 30" W for a distance of 31.23 feet to a Baker-Aicklen capped %2" iron rod found
for an angle point hereof,
2) N 24° 26' 30" W for a distance of 34.83 feet to a %2" iron rod found for an angle point
hereof,
3) N 01° 45' 41" W for a distance of 122.81 feet to a %2" iron rod found for an angle point
hereof, and
4) N 02° 21' 34" W for a distance of 470.10 feet to the POINT OF BEGINNING hereof and
containing 9.59 acre of land.
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 11542-002-29 File Name: WAPROJECISWOOVER ZONTIG\CONTINFNTALAoe
SKETCH TO ACCOMPANY DESCRIPTION
V2' IRON ROD FOUND
IRON PIPE FOUND
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TCT2524354.IN-18-00
EXHIBIT B
2000066006 7 Pis
SPECIAL WARRANTY DEED
Patricia B. Green, Independent Executrix of the Estate of Vivian L. Mayfield, of Travis
County, Texas ("Grantor', for the consideration hereinafter stated, does GRANT, SELL, AND CONVEY
unto Continental Homes of Texas, L.P., a Texas limited partnership doing business as Milburn
Homes, with offices in Travis County, Texas, ("Grantee', all of Grantor's right, title and undivided
interest in and to the following described real property, together with all improvements thereon,
situated in Williamson County, Texas (the "Property"):
151.37 acres out of the P.A. HOLDER SURVEY No. 9, ABSTRACT 297,
in Williamson County, Texas, said 151.37 acres of land being the
remainder of a called 153.25 acre tract of land as described in a deed
to Carl Anton Forsman, et al, as recorded in Volume 128, Page 456
of the Official Records of Williamson County, Texas, said 15137
acre tract being more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes;
To HAVE AND To HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, Grantee's heirs, executors, administrators,
successors, and assigns, forever.
And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, and
successors, to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee,
Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to claim
the same, or any part thereof, by, through, or under Grantor, but not otherwise, subject however, to
the Permitted Exceptions set forth on Exhibit "B" attached to and incorporated in this Deed by
reference. Grantee assumes the payment of ad valorem taxes and assessments for the current year
and for subsequent years.
The consideration for this conveyance, receipt of which Grantor acknowledges, is $ 10.00 and
other valuable consideration paid to Grantor for which no lien either express or implied is retained.
Grantee's Mailing Address: Continental Homes of Texas, L.P.
4515 Seton Center Parkway, Suite 200
Austin, Texas 78759
SPECIAL WARRANTY DEED
Page 1 Foram/Milburn
TCT/2524354.1O-15-00
Executed this 241day of September, 2000.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
GRANTOR:
Pcc -nt,e.4_o, o_p
Patrician. Green, Independent Executrix oftheEstate
of Vivian L. Mayfield
This instrument was acknowledged before me on September ag
Green, Independent Executrix oftthe Estate of Vivian L. Mayfield.
'NDY 1.. HARRINGTON
Notary wink, ararar
SEPTEMBER Orrolsim17 2003
Timothy C. Taylor Esq.
JACKSON WALKER LLE
100 Congress Avenue, Suite 1100
Austin, Texas 78701-4099
TAAViSTITLE CO.
SPECIAL WARRANTY DEED
2000, by Patricia B.
Notary Public'- State of Texas
Page 2 FmmanfMibum
Forman Boundary
151.37 Acres
EXHIBIT A
FN00-085 (RLM)
September 20, 2000
Job No. 050214.001.1.4047
A DESCRIPTION OF 151.37 ACRES OF OUT OF THE P.A. HOLDER SURVEY NO. 9, ABSTRACT 297,
IN WILLIAMSON COUNTY, TEXAS. SAID 151.37 ACRES OF LAND BEING THE REMAINDER OF A
CALLED 153.25 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CARL ANTON FORSMAN,
ET AL, AS RECORDED IN VOLUME 128, PAGE 456 OF THE OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS. SAID 151.37 ACRE TRACT, AS SHOWN ON THE CARTER AND BURGESS, INC.
PLAT NO. 050214001, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 34 -inch iron rod found for the southeast comer of the herein described 151.37 acre tract,
being the southwest comer of Lot 11, Block A of South Creek Section One, a subdivision recorded in
Cabinet F, Slide 66 of the Plat Records of Williamson County, Texas, and being in the north line of Block
B of South Creek Section Seventeen, a subdivision recorded In Cabinet F, Slide 230 of the Plat Records
of WlUiamson County, Texas;
THENCE, with the south line of the herein described 151.37 acre tract, being the north line of the said
South Creek Section Seventeen, 8 83'28'55' W, passing at distance of 504.38 feet al/4-inch iron rod
found for the northwest corner of a called 1.50 are tract of land described in a deed to Hugh Noel as
recorded in Document No. 9652164 of the Official Records of Williamson County, Texas, being the
northeast comer of Round Rock East, a subdivision, continuing with the south line of the herein described
151.37 acre tract, being the north fine of the said Round Rock East, passing ata distance of 1615.16 feet
a Winch iron rod found for the northwest comer of the said Round Rock East, being a northeast comer of
a called 16.812 acre Park Site as shown on Greenslopes At Lake Creek Section Two, a subdivision
recorded in Cabinet D, Slide 70 of the Plat Records of Williamson County , Texas, continuing with the
south line of the herein described 151.37 acre tract, being the north Une of the said Park Site, a total
distance of 1758.54 feet to a 5' fence comer post found for the southwest corner of the herein described
151.37 acre tract, being the northwest comer of the said Park Site, and being in the east Zine of BlockA of
the said Greenslopes At Lake Creek Section Two;
THENCE. with the west line of herein described 151.37 acre tract, being the east Ane of the said Block A,
1404"40'12' W, passing at a distance of 485.27 feet the northeast comer of the said Greenstopes At Lake
Creek Section Two, being the southeast comer of Greensiopes At Lake Creek Section Nine, a
subd'ivisbn recorded in Cabinet F. Side 115 of the Plat Records of Willarnson County , Texas, continuing
a total distance of 635.97 feet to a 34inch ken rod found for an angle point in the east line of the said
Greenslopes At Lake Creek Section Nine;
THENCE, continuing the west line of the herein described 151.37 acre tract, being the east line of the
said Greenstopes At Lake Creek Section Nine, the following ten (10) courses:
1. N 05637'14' W, a distance of 303.14 feet to a 5/8 -inch iron rod with cap set;
2. N 01'53'59' W, a distance of 134.84 feet to a 60-0 nail found;
3. 1401'42'46' E, a distance of 271.01 feet to a 518 -inch iron rod with cap set
4. N 04'49'10' W, a distance of 297.49 feet to a 34 Inch iron rod found;
5. N 05'46'5r W, a distance of 248.36 feet to a 5/8 -inch Iron rod with cap set
6. 1403.39'14' W, a distance of 184.70 feet to a 5/84nch iron rod with cap set;
Page 1 of 4
EXHIBIT A
Forsman Boundary
151.37 Acres
September 201 0 0
Job No. 050214.001.1,4047
7. N 05°0529° W, a distance of 24721 feet to a 5/8 -inch Iron rod with cap set;
8. N 05°31'59" W, a distance of 214.93 feet to a 5/8 -inch Iron rod with cap set;
9. N 05.11'44' W, a distance of 274.53 feet to a 5/8 -inch iron rod with cap set;
10. N 05°47'5T W, a distance of 48.62 feet to a 75 -inch Iran rod found, for the northeast corner of the said
Greenslopes At Lake Creek Section Nine, being a southeast comer of the remainder of a called
231.374 acre tract of land as described in a deed to Gaston Development Co. and Garland
Development Co. as recorded in Volume 710, Page 700 of the Official Records of Williamson County,
Texas;
THENCE, continuing with the west line of the herein described 151.37 acre tract, being the east line of
the said 231.374 acre tract the following five (5) courses:
1. N 04°42'21' W, a distance of 274.53 feet to a 5/8 -inch iron rod with cap set;
2. N 14'35'00'1W, a distance of 68.55 feet to a 5/8 -inch iron rod with cap set;
3. N 01°12'00" W, a distance of 58.95 feet to a 5/8 -Inde iron rod with cap set;
4. N 19°18'53" E, a distance of 57.66 feet to a 5/8 -inch Iron rod with cap set;
5. N 30°12'00" W, a distance of 47.68 feet to a 5/8 -Inch Iron rod with cap set, for the northeast corner
of the said 231.374 acre tract, being the southeast comer of a called 6.591 acre tract of land
described in a deed to Sue Hoover as recorded In Volume 2159, Page 880 of the Official Records
of Williamson county, Texas;
THENCE, continuing with the west line of the herein described 151.37 acre tract, being the east line of
the said 6.591 acre tract the following four (4) courses:
1. N 36°28'50' W, a distance of 39.42 feet to a 5/8 -Inch Iron rod with cap set;
2. N 22°05'00* W. a distance of 34.83 feet to a 5/8 -inch iron rod with cap set;
3. N 00°40'00" E, a distance of 122.92 feet to a 5/8 -Inch Iron rod with cap set;
4. N 00°00'00' W, a distance of 521.98 feet to a 5/8 -Inch iron rod with cap set, for the northwest comer
of the herein described 151.37 acre tract, being the northeast comer of the said 6.591 acre tract, and
being in the southeast One of a Union Pacific Railroad, (formerly known as International and Great
Northern Company Railroad)100' right-of-way as recorded in Volume 17, Page 705 of the Official
Records of Williamson County, Texas, from which a 1 -Inch iron pipe with bolt found bears N
00°00'00" W, a distance of 1.65 feet;
THENCE. with the northwest line of the herein described 151.37 acre tract, being the southeast One of
the said Union Pacific fight -of -way, the following two (2) courses:
1. 14 72'31'19' E, a distance of 465.41 feet to a 5184nch Iran rod with cap set;
Page 2 of 4
EXHIBIT A
Foreman Boundary
151.37 Awes
Septem FN05(R
Job No. 050214.001.1.4047
2. a distance of 476.44 feet with an arc of a curve to the left whose central angle Is 07°39'26", with a
radius of 3564.94 feet and whose chord bears N 71°15'15' E, a distance of 476.08 feet to a 518 -inch
Iron rod with cap set for the northwest comer of a called 2.0 awe tract of land described in a deed to
David L Carlin and Mary C. Carlin as recorded h Document No. 9759883 of the Official Records of
Williamson County, Texas, for a northeast comer of the herein described 151.37 acre tract;
THENCE, leaving the southeast line of the said Union Pacific Railroad, being the northwest line of the
original 153.25 acre tract, with the boundary of the said 2.0 acre tract and the herein described 151.37
acre tract, the following six (6) courses:
1. S 14°40'00" E, at a distance of 7.82 feet to / inch Iron rod found, a total distance of 211.08 feet to
a point in the approximate center of Lake Creek:
2. N 53°39115" E, a distance of 67.99 feet to a point in the approximate center of Lake Creek:
3. N 7894'55" E. a distance of 88.43 feet to a point in the approximate center of take Creek:
4. S 78°19'58" E, a distance of 71.77 feet to a point in the approximate center of Lake Creek:
5. S 64°43'52" E, a distance of 120.44 feet to a point in the approximate center of Lake Creek:
6. S 70°33'46" E, a distance of 56.11 feet to a point in the approximate center of Lake Creek, being
the southeast comer of the said 2.0 acre tract, being a northeast comer of the herein described 151.37
awe tract, and being in the west line of a called 42.478 acre tract of land described In a deed to Richard
C. Jennings as recorded in Document No. 9558188 of the Official Records of Williamson County, Texas;
THENCE, with the east line of the herein described 161.37 acre tract, being the west line of the said
42.478 awe tract, the following two (2) courses:
1. S 14°38'22' E, a distance of 312.87 feet to a fence post on a cattle guard;
2. S 14°36'27' E, a distance of 1460.07 feet to a 5/8 -Inch iron rod with cap set;
THENCE, contktuing with the east line of the herein described 151.37 awe tract, being the west line of
the said 42.478 acre tract, being the west rine of a called 1.7 acre tract of land described Ina deed to J
& S Group, Ltd. as recorded In Volume 2525, Page 841 and Volume 2532, Page 623 of the Official
Records of Williamson County, Texas, and being the west line of South Creek Section Twenty, Phase
One, a subdivision recorded in Cabinet L, Slide 201 of the Plat Records of Williamson County, Texas,
S 07°00'43" E a distance of 54521 feet to a 14 -inch iron rod found forthe southwest comer of the said
South Creek Section Twenty, Phase One, being the northwest comer of Lot 1, Block B of South Creek
Section Seven, a subdivision recorded in Cabinet G, Slide 259 of the Plat Records of Williamson County,
Texas;
THENCE, continuing with the east line of the herein described 151.37 awe tract, being the west line of
the said South Creek Section Seven, and the west 6ne of the said South Creek Section One, the following
two (2) courses:
1. S 06° 58' 17" E, a distance of 1507.12 feet to a 114 -inch Iron pipe found for an angle point, and
Page 3 of 4
EXHIBIT A
Foreman Boundary
151.37 Acres
FN00-065 (RLM)
Job No. 50214.0001 20. 40047
2. S 07' 33' 54' E, a distance of 165.77 feet to the POINT OF BEGINNING and containing 151.37
acres of land.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I. John Strawbridge, a Registered Professional Land Surveyor, do hereby certify that the
above description is true and correct to the best of my knowledge and belief.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texxasstthis the 20n day of September,
2000 A.D.
Carter & Burgess. Inc.
901 South Mopac Blvd., Suite 200
Austin, Texas 78746
Page 4 of 4
EXHIBIT.A
JohnStra '.e
Registered Professional Land Surveyor
No. 4283 - State of Texas
TCT/2526165.2A-IS-00
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy
taxes and issue bonds.
2. Electric transmission and/or distribution line easement, together with all rights
granted therein, conveyed to Texas Power & Light Company as described in Volume 281, Page 503,
Deed Records of Williamson County, Texas.
3. Pipe and telephone lines easement and right of way, together with all rights granted
therein, conveyed to Lone Star Gas Company, as described in Volume 296, Page 353, Deed Records
of Williamson County, Texas.
4. 30' public utility easement, together with all rights granted therein, conveyed to the
City of Round Rock as described in Volume 1074, Page 218, Official Records of Williamson
County, Texas.
5. Public utility easement and right of way, together with all rights granted therein,
conveyed do the City of Round Rock as described in Volume 1123, Page 325, Official Records of
Williamson County, Texas.
6. The following matters reflected on the Survey dated September 20, 2000, by Carter
and Burgess, Inc., John Strawbridge, Registered Professional Land Surveyor No. 4283:
(a) Overhead utility lines traversing the subject property;
(b) variation between fences and the north and west property lines;
(c) rights of ingress and egress over the dirt roads and gravel roads traversing the
Property; and
(d) portions of the Property lying within the 100 -year flood plain.
O
TRAVIS TT LE CO.
ObZ1/41a(4-0-z.so
PeuOTTIDEXC191101.3
OFFICIAL
10-03-2� 1
NANCY
WI
4 ORI�U
IC RECORDS
O0:13 AN 2000066006
ILLER $21.00
RISTER ,COUNTY CLERK
IANSON COUNTY, TEXAS
Eablba "a"
halal
Finamsa
Zoning MF (9.59 Acres)
Ashton Oaks Origina
Ashton Oaks
02-019-Z
REQUEST: Approval of the original zoning District MF
(Multifamily).
HISTORY: Tabled on November 6, 2002 at the applicant's
request.
DATE OF REVIEW: December 18, 2002
OWNER: Continental Homes of Texas, L.P.
CONSULTING ENGINEER: Baker-Aicklen & Assoc., Inc.
DESCRIPTION: 9.59 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: Vacant
East: Vacant
West: Vacant
PROPOSED LAND USE: Multifamily development
GENERAL PLAN POLICY: Residential
UTILITIES: The development proposes standard municipal
services.
STAFF COMMENTS:
This parcel, currently owned by Continental Homes of
Texas, L.P., is a portion of the 32.95 acre multifamily
tract.
RECOMMENDATION: Staff recommends approval.
Planner: Paul Gambrel
Date:
Annexation Area:
ExxlBrr 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
9.59 acres of land
(Ashton Oaks Tract) (Continental
Homes of Texas, L.P.)
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.
A-03 OI -0.34666
ED rn "' lid rririlbrirn
OFFICIAL PUBLIC RECORDS
en
03-04-200 09:42 AM 2003018983
MSTANLEY $51.00
NANCY E. RISTER .COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
1 (ea s ey r t -I -u rrit
CITY OF ROUND ROCV
S ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS "RFiz