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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 S 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 = •Z` 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° SKETCH TO ACCOMPANY DESCRIPTION 0 CV En 0 Z W C V CC 1LAI • Cit ¢• UJ• Wn `;14 CC J/-1112 O 3 0 10 0 01-00 � , C01 2XW2 LI U ~ ¢ 0 0 O 1/Y IRON ROD FOUND IRON PIPE FOUND 60D NAIL FOUND • o 4 u 65, W ti APPROXIMATE CENTERLINE OF LAKECREEK 1 1 Ci y0 J K •U0 cc ct OI�-00 h ¢W • ry Wg4 H V O J W 43seO i O N W 0a 00 2a NW �o -3W Om CCON 30 ¢O 2F WO r4-4 SKETCH TO ACCOMPANY DESCRIPTION O U 0 n a z W • a ,n m m e- -3 w M 0 C co a O C a m a m N M U LINE TABLE W o a mmN 001: h ao a MOh mN a 0) -- tD •it! ID m=mN f. o r• N 0 �No'p• — m mM = as •i. M NA NO - m Kj h 10—.poo0o moo: ��eemw 0 W N•• 2 W mcom m W • m W • CO C ,°p CO S 49°39'42' W S 41°06'33' W S 59°08'04" W 3 ao h: /O m 3 • m 03 M m S 35°46'52' W 3 c o 0 * 2 N 38°50'30' W N 24.26'30" W N 0945'41" W 3 a "' 0 2 N 02°23'42' W (NUMBER J NMOhm J J J J J 1. J mm J J $-N�f J J J J Onm J J J In J Zd 2. Q CO fhI d 1 1 O IQ. O i 3 O 2 0 N C 00 00 00 2N i coat UO tuft Om CQ ti 30 Qo z1- 410 4a TC /2524354.1/9-18-00 • 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 60D NAIL FOUND • o l y : N • APPROXIMATE CENTERLINE OF LAKECREEK 0 a J \ \ U \ \ \\\ 6 4 \ \ O \ b 0 1 . i \ 0 1 o x SKETCH TO ACCOMPANY DESCRIPTION 0 b a ce 0 W a OI t0 b m 7- O C Q 0 0 It O rc a 0 M i; LINE TABLE W 2 IQ -q ".toNriO0-"-NbNv�oaNsi O a 0It t: CO 01 N CO t a b h 10 In C4 7, R: 40 0 g ^ W o0)Mto b 0 s) M 0OO N a h DIRECTION W ti a O• N 2 W 000• 0 b CO W 0 . 10 m CO W 0 a b CO 3 N b 0) S 49°39'42' W 3 p too- to)• a CO 3 0 m h 0 3 N ro CO 3 . 0 • M CO S 35.46'52' W 3 b 0 a 0 • CO 2 N 38°50'30' W 3 O in to a a 2 N 01.45'41' W 3 M N 0 2 3 N a ro N 0 2 NUMBER -1 N J .sf a ahmNCO a J J J -I W J °�NAa J J a J J 1000 J -7 -1 0 i 3 O i O N W 00 =a tom i -O -W 003 20 -o 30 aQ 'Co W~ JO �4 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