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A-13-07-25-G5 - 7/25/2013ORDINANCE NO. N-13-64----2,G-&s AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 223.361 ACRES OF LAND, OUT OF THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427, 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 223.361 acre tract of land out of the Joseph Mott Survey, Abstract No. 427, 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 petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the Property is (1) one-half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, or on which less than three (3) qualified voters reside, and O:\wdox\S CC Ints\0112\ 1304\MUNI CIPAL\00278404DOC/rmc 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. 2 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 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. VII. That this Ordinance shall become effective after its passage. VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. 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. 3 X. 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 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 2 day of , 2013. Alternative 2. READ and APPROVED on first reading this the day of , 2013. READ, APPROVED and ADOPTED on second reading this the day of , 2013. 4 ATTEST: ,��/�j1/(%�� SARA . WHITE, City Clerk ALAN MCGRAW, Mayor City of Round Rock, Texas 5 223.361 Acre Tract Page 1 of 7 EXHIBIT „A» DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'h" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a'/i" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a'/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a 1/" iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a 1/" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision the undersigned during May, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc 0 o w co Q S`dX31 `�l1NflO0 NOSV\VI11IM co o Sa2�0O32i 1V101d30 o J 8LOt�Z86 'ON 1N3Wfl3Oa z_ ° (S32�Ov 80'Z91. I. a3llv0) C9 'all 'dIHS2J3N12IVd o A1IWV3 OV31S3WOH NOS13N • \—O w < • 0 1- O) • J 91 91 L1 LL • • • ;z. vr % • de 0 z w C7 w -J IRON ROD WITH "BAKER-AICKLEN CAP SET IRON ROD WITH CAP FOUND 0 U 1/2" IRON ROD FOUND 0 J N J NAIL FOUND FENCE POST FOUND CALCULATED POINT O O• 1 0 d CO J N J CO J 0 VZl C, • CO J 61 _O J JCNI J J Ow §U Q 0 40 UJ m N (NJ CO V • 0 N J 0) i N SVX31 `AiNfOO NOSW`dI11IM SO I0032i lVIOIidO 8LOiZ86 'ON 1N301f1000 (S3 10'd OE' L 6 6 a311vO) 'all `dIHS213N121Vd AlIWVd GV31S311OH NOS13N •• 1 O J UNIVERSITY BLVD. AVERY NORTH PROJECT NO. 2173-2-001 PAGE 5 OF 7 4 m 41Z - E -1/3 2i oZ n N Oa W J Z oi O w Q Q- QU 0 Y Q < CO Q1 m 1 O re 0 0 i W:\PROJEGTS\TAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 5] July 08, 2013 - 12:38pm LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59"W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69° 18'39"W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01"W 400.06' L14 S78°2010"W 101.05' L15 N88°25'38"W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' 1:1A1 BAKER-AICKLEN 507 WEST LIBERTY AVE. ROUND ROCK,lEXAs 78664 &ASSOCIATES, INC. (5 1 2) 244,9620 ENGINEERING FIRM # F-45 Em3 EaS 1 sLRVEwa.9 I GIs Ia.uatra LANCEVAsE nsaiTECTS SURVEY FIRM #100231-0 ` ROUND ROCK THAE #1787 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51 "E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 61 July 08, 2013 - 9:55am 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30 MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. © TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90 CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. 1 -3, BAKER-AICKLEN 507 WEST u8 T1"A� ROUND ROCK,TEXAS AVE. P & ASSOCIATES, INC. (512)2445670 ENGINEERING FIRM # FAS EIii FFRS 1 SURVEYORS I 015 I PLAIWE S 1 Uw nacAEAIaafECts SURVEY Ft RM #10,3231-0 ROUND ROCK TBAE #1787 AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 7] July 08, 2013 - 9:55am EXHIBIT /! B /1 ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2002071336 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Avery Ranch Company Ltd. By: CJAC, Inc., its GP SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by -.)-Di.04 S A ua 47 this 3 '- day of 1,, `'7 , 20 r 3 , A.D. tAA Not ry Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the day of , 20_, by Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the 3 day of �v , 20 i3, by John S. Avery, the President of CJAC, Inc., a Texas corporation, on be f of AVery Ranch Company, Ltd. and CJAC, Inc. s VIga M. BARBER MY COMMISSION EXPIRES Ap17, 2016 Nota Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664*Aetmo,7034 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Charles N. Avery, III, Exempt Trust By: Charles N Avery, Trustee SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by C 'cmc" N . A v9M ,12t � w . this 3 n day of J,,t./ , 20 /3 , A.D. Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 qday of 0 , 20a, by C I► Aft LAS N. A Veli �, n Acim_ OtA Zu1,64-, Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664 4-9,002.con s 3 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. John S. Avery, Exempt Trust n S. AverY��tee SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by S1)" • 41/e41, 'r sfear this 3' day of v , 20 + , A.D. A'71i VICIO M. BARBER MY COMMISSION EXPIRES Apra 7, 2016 PeAt Zula, Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 qday of , 20133, by S. A VOW? 1///e44 -t )/) Zmde-t Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas 1F ice:U00' DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664+-1002err,3 . Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. A. Nelson Avery Exempt Trust aAtfrien By: A. Nelson Avery ee SUBSCRIBcD.AND SWORN TO BEFORE ME, a notary public, by A. `5 - ds is 3 day of �� i v , 20 1 3 , A.D. Not ry Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of A . Mr.L--arl ?VARY T SrF� 0 VICK114. BARBER •MY COMMISSION EXPIRES M7 Apr117, 2016 , 2013, by Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664 k Qo+ a7/73b Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. L. Christina Avery Fell Exempt Trust Mile Jvu Gam/ gaL By: Lucille Christina Avery Fell, Tlsastee SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Lv ck k. Lie this 3 r=' day of JV l�/ , 20 13 , A.D. Nota y Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of JV L') , 20\3, by L'C)U SELL JESSICA ROSE PENA Notary Public STATE OF TEXAS My Comm. Exp. 12.04.201$ 1Nota Public, State of Texas izP,„ ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2006112407 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. John S. Avery Exempt Trust SUBSCRIBED AND SWORN TO BEFORE ME,iotary public, by .1 k••• S• 4"-'41/ fi:t this 36-1 day of -1.,1y ,201$ , A.D. ANo ary Public, State of exas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the ? day of .J VICK M. BARBER MY COMMISSION EXPIRES Apfl 7, 2016 , 20 9 , by Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas car DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE LAND, as conveyed to us in Deed(s) recorded as Document N Official Public Records of Williamson County, or in Volume Records of Williamson County. Treescape Farms GP, LLC Bhn S. Sr -M na y. �' Avery, ger DESCRIBED TRACT OF o. 2004054116 Page , Deed SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by To " S •A 8/e this 3 114 day of Ti4� , 20 /3 , A.D. VICKI M. BARBER MY COMMISSION EXPIRES Apr2 7, 2016 No Public State ry of ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of .3; , 2011, by 4v.05.A VICKI M. BARBER MY COMMISSION EXPIRES April 7, 2016 Not Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004054114, , Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Treescape Farms GP, LLC By:J n S. Avery, Sr, Manger 4 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by this 3 °''- day of "`h; T/ 4-y VICKI a BARBER 1:4*41117, I MY COMMISSION EXPIRES ;� ?' 2016 inu 110 s.AirArlucy...__ , 2015 , A.D. /ZA,'tr Notary Public, State of exas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3''day of . , 2013, by -5o .J 5 �'✓e CV Zza, NotPublic, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: r-ROUNDOCK TEXAS Ora PROsnmin City of Round Rock Agenda Item Summary Agenda Number: G.5 Title: Consider an ordinance annexing 223.361 acres of land out of the Joseph Mott Survey, known as the Avery North Tract, Section One. (First Reading*) Type: Ordinance Governing Body: City Council Agenda Date: 7/25/2013 Dept Director: Brad Wiseman, Planning & Development Services Director Cost: $0.00 Indexes: Attachments: Resolution, Exhibit A - Legal Description, Exhibit B - Annexation Petition Text of Legislative File 13-479 The City has received a petition for voluntary annexation from the owners of the subject property, which is approximately 223 acres. The site is generally located to the northeast of University Blvd and AW Grimes Blvd. A Planned Unit Development, referred to as the Avery North PUD, is also being proposed, which consists of residential and commercial development. The PUD and an associated development agreement are being considered as separate agenda items. The Texas Local Government Code requires that no tract to be voluntarily annexed may be more than one-half (1/2) mile in width. Consequently, the proposed development area consists of two tracts for annexation purposes. This is the first of the two tracts. Both are contiguous to the City limits via University Blvd. Staff recommends approval. City of Round Rock Page 1 Printed on 7/19/2013 EXECUTED ORIGINAL DOCUMENT FOLLOW ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2002071336 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Avery Ranch Company Ltd. By: CJAC, Inc., its GP SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by 71.0;•41 S. A 11°41this 3 O- day of 7, r,7 , 20 i 3 , A.D. VICKI M. BARBER MY COMMISSION EXPIRES April 7, 2016 Suo;u4 Not ry Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the day of , 20, by Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the 3 day of , 20 \, by John S. Avery, the President of CJAC, Inc., a Texas corporation, on behalf of AVery Ranch Company, Ltd. and CJAC, Inc. Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664tAd:k .27(636 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Charles N. Avery, III, Exempt Trust By: Charles . Avery,Trustee SUBSCRIBED AND pINORN TO BEFORE ME, a notary public, by A you , iit , this 31-'4.1 day of Si c k kn.0 so )• ,2013 ,A.D. F�� � ada4 Not ry Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) n This instrument was acknowledged before me on the 314) -day of: -.1-4:,17, 20g, by C14641.0 V . A keit ,jam Lyba, Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 20040746644 - too art S34 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. John S. Avery, Exempt Trust By: in S. Avery, Yrye SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Z -f'''" 1 ' 4✓1" • 1fumi f aro this 3 '' day of • , 20 i ? , A.D. PMA : / u Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 364day of So I.., 1. A ' / % 0 •f , 20 +3, by ///4t' /0/die4 Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 200407466441.0oao1' S31. Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. A. Nelson Avery Exempt Trust &I'ttl*iir By: A. Nelson Avery ee SUBSCRIB D AND SWORN TO BEFORE ME, a notary public, by • kle:t.Sa" 4' Adoxpis 3 day of �� "l , 20 1 3 , A.D. azd of Public State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before A . MMA1-4o,d os"{ RY 172.1 ?Fg. Ir4.60 VICKI IL BARBER MY COMMISSION EXPIRES AO 7, 2016 N ry , me on the 3 day of , 20J3, by X14 Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664 4-410497173L Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. L. Christina Avery Fell Exempt Trust b;t1U OVV1,41/ gaL By: Lucille Christina Avery Fell, Tioustee SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by C\ \U2 this 3 r zi day of JU Ly , 20 13 , A.D. JESSICA ROSE PENA Notary Public STATE OF TEXAS lily Comm. Exp. 12-04-201S Nota y Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of JO L`I , 2013, by FELL. 146rPublic, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas DATE RECEIVED: For -Office Use"'Onty CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004054116 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Treescape Farms GP, LLC By• hn S. Avery, Sr - Mnager SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by J' S • A this 311=4day of T�4� , 20 /3 , A.D. Notary Public, State of ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of , 2011, by 50 1"•••4 5• "". - VIQO M BARBER MY COMMISSION EXPIRES April 7, 2016 / /,.t- a/lef-e-C_ Not Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2006112407 , Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. John S. Avery Exempt Trust SUBSCRIBED AND SWORN TO BEFORE ME,,..notary public, by .1 h & S. 4"1- I fat this $1-9 day of J., (.7 , 20 t S , A. D. VICKI M. BARBER MY COMMISSION EXPIRES Apsi 7, 2016 As- - No ary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the ? day of L S O K .+ S. 14 sw''j 1 ti.'x`� VICKI M. BARBER MY COMMISSION EXPIRES AM7,2016 , 20 9 , by Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: RECORDED DOCUMENT FOLLOW THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 1111111111111111111111111111111111110111111111 ORD0PGS 2013091156 3 I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. A -13-07-25-G5 which annexes 223.361 acres of land out of the Joseph Mott Survey, Abstract No. 427, known as Avery North Tract 1, Section 1. This ordinance was approved and adopted by the City Council of the City of Round Rock Texas at a regular meeting on the 25th day of July 2013, and is recorded in the City Council Minutes Book No. 60. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th day of September 2013. 41444 Otkil SARA L. WHITE, TRMC, City Clerk ORDINANCE NO. I' 13-0q--2,G-&S AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 223.361 ACRES OF LAND, OUT OF THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427, 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 223.361 acre tract of land out of the Joseph Mott Survey, Abstract No. 427, 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 petition for annexation is attached as Exhibit "B" hereto and incorporated herein for all purposes, and WHEREAS, the petition was filed more than five (5) days and Tess than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and WHEREAS, the Property is (1) one-half mile or Tess in width; (2) contiguous to the City; and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, and O:\wdor\SCCInts\0112\I304 WIJNICIPAL\00278404.DOCkmc 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. Iv. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. 2 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 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. VII. That this Ordinance shall become effective after its passage. VIII. That the City Clerk is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. IX. 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. 3 X. 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 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 day of (U116-- , 2013. Alternative 2. READ and APPROVED on first reading this the day of , 2013. READ, APPROVED and ADOPTED on second reading this the day of , 2013. 4 ATTEST: Cit R L. WHITE, ALAN MCGRAW, Mayor City of Round Rock, Texas SARA City Clerk 223.361 Acre Tract Page 1 of 7 EXHIBIT „A„ DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1/" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a 1/" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a '/" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a' " iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a '/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a '/z" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page4of7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a'/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision • the undersigned during May, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc o J 61 O u� J 0W a w cyjN Cl) co Q SVX31 `AiNflO0 NOSWVI11IM Sa210032114IOIddO J CO08LOPZ86 'ON 1N31Mf1O0O z .. (S3219v 90.Z91.1, 0311V0) 5— '011 `dIHS13N114d o A1I1A14d a431S3WOH NOS13N �—e W < • 0 rn 91 91 �L O • • • % • C r i Ic) w (7 w IRON ROD WITH "BAKER-AICKLEN CAP SET IRON ROD WITH CAP FOUND (0 co0 0cc >Z 0 U 112" IRON ROD FOUND 0 N J cO J N J NAIL FOUND FENCE POST FOUND CALCULATED POINT CO J 1.0J b31 0 a C� . N J SVX31 `AINflOO NOSWWI11IM Sa2100321 14IOIddO 9LOIZ86 'ON 1N3111f1OOO (532104 0E' 6 L 6 031140) 'all `dIHS213N1214d AllIAlVd O431S31A1OH NOS13N O N -71 • • 4 m J ti J 4 1 UNIVERSITY BLVD. PROJECT NO. 2173-2-001 PAGE 5 OF 7 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 5] July 08, 2013-12:38pm LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59"W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39"W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01 "W 400.06' L14 S78°2010"W 101.05' L15 N88°25'38"W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' BAKER-AICKLEN NRST 78RO5C" K„ 64 & ASSOCIATES, INC. EIVSYRORS I SURVEYORS 1 GIS I m.wwwww I LNNffil(Eeno-mzCtB ROUND ROCK (51 2) 244-952D ENGINEERING FIRM # F45 SURVEY FIRM #100231.D ThAE#1767 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51 "E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH W WG ZONING\TM-ZONING-AREA 1.dwg [PAGE 6J July 08, 2013 - 9:55am 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES.- DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLEN "IESTLIBER>YA�78fi ROUNDSD7ROCK,TEXA5G�1 oil la ASSOCIATES, INC. (512)n ENGINEERINGINGFIRM ENautErls Stamtios I GIS I FL.au.Ela 1 LAnosia ENgRFLf8 SURVEY F,RM #10a231.0 TBAE #1787 ROUND ROCK AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTH\DWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 7] July 08, 2013 - 9:55am i 1 EXHIBIT ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2002071336 , Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Avery Ranch Company Ltd. By: CJAC, Inc., its GP SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by .i-01,' S' A1/047 this 3 " day of 14 G7 , 20 3 , A.D. Not ry Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the day of , 20, by Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the 3 day of , 20 by John S. Avery, the President of CJAC, Inc., a Texas corporation, on behf of AVery Ranch Company, Ltd. and CJAC, Inc. Notary Public, State of Texas ice sgk DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664 *,400 ,?x134 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Charles N. Avery, III, Exempt Trust By: Charles N. Avery, SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by A vE f rDI1 this 3 day of ,x,,11 , 20 1 , A.D. adzA Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3n'day of J ''' , 20!3, by cka•.tas N. Avevy ifir� ink - Nota Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas ce E�s"er. DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or , less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664 4-2,00 2.09! s 3 I. Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson. County. John S. Avery, Exempt Trust By: o in S. Avery, Trustee �, SUBSCRIBED AND SWORN TO BORE ME, a notary public, by SD`"' S .✓z • , 1 'gr this 3 day of ":7,/til , 20 I , A.D. ikcZi/d6L Notary Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 qday of Z— : y , 2013, by ":".:1-0 I..., S. A va.4 / 1-.n4•,, ie -a- .2?% ZU/614 Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas Ic@ Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664.'2.00x07I331- Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. A. Nelson Avery Exempt Trust SUBSCRIB D AND SWORN TO BEFORE ME, a notary public, by A -111e` ' F. -i -r d5 is 3 day of J.J i , 20 , T , A.D. (7/ Not ry Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of A .)4p. L-4 Os./CRY TaJ51F� /44i. Notary Public, State of Texas ,2013,by ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas ice Use On DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit GA", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004074664-taoSf7133L Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. L. Christina Avery Fell Exempt Trust NOW( By: Lucille Christina Avery Fell, TO stee SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by Lvctthis 3' j day of JV Ly JESSICA ROSE PEVA Notary Public STATE OF TEXAS My Comm. Exp. 12.04-2011 , 20 ) 3 : A.D. Nota -y Public, State of Texas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of (JUL`-1 , 2013, by L. Jc L FELL- JESSICA ELL JESSICA ROSE PENA Notary Public STATE OF TEXAS My Comm. Exp. 12-04-2011 1I`Vo- Public, State of Texas P, ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas For Office Use Only DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2006112407 , Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. John S. Avery Exempt Trust SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by .1 P h S• 4"r Al/ I tit this $- day of :Ly ,201$ , A.D. No ary Public, State ofA/L%(-- ACKNOWLEDGMENT (INDIVIDUAL) ^� This instrument was acknowledged before me on the S� day of J,.t7 A A?", . VCU At BARBER MY COMMISSION EXPIRES Aprt17, 2016 , 201 , by /friz4, a/de-z* Notary Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas ice se Unl DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or less in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004054116 Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Treescape Farms GP, LLC M na By: li hn S. Ave Sr - Avery, ger SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by To `'' S• Ayr .z this 311=4 day of ��4, , 20 /3 , A.D. VICKI M. BARBER MY COMMISSION EXPIRES April 7, 2016 No Public, ry State of -xas ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 day of .1; , 2013, by `vvi 5. "V Not Public, State of Texas ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of , 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas icedUse -Oi DATE RECEIVED: CITY COUNCIL HEARING DATE: ANNEXATION OR CITY LIMITS EXTENSION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is (1) one-half mile or Tess in width, (2) contiguous to the city limits, and (3) vacant and without residents, or on which Tess than three (3) qualified voters reside, hereby petition your Honorable Body to extend the present city limits so as to include as a part of the City of Round Rock, Texas, the property described in Exhibit "A", attached hereto and made a part hereof. We hereby certify, under oath, that: WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND, as conveyed to us in Deed(s) recorded as Document No. 2004054114.: , Official Public Records of Williamson County, or in Volume Page , Deed Records of Williamson County. Treescape Farms GP, LLC A9-evw By: pin S. Avery, Sr, Manger 4. SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, byc hN s . A .43.17____ this 3 day of .1-1/ uy , 20 t3 , A.D. 0r...1.I ..................4> sii VIM NL BARBER Ic '. S '; MY COMMISSION EXPIRES ''f°;,a 7, 2016 NotaState of exas ry Public, ACKNOWLEDGMENT (INDIVIDUAL) This instrument was acknowledged before me on the 3 qday ofJ ., , 20(3, by Nota Public, State of Texas - ACKNOWLEDGMENT (CORPORATE) This instrument was acknowledged before me on the day of 20 , by , the , of , a Texas , on behalf of said Notary Public, State of Texas ice Use; Only DATE RECEIVED: CITY COUNCIL HEARING DATE: Ordinance No. Z -13-07-25-G5 Annexing 223.361 acres (Avery North, Section One) AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY CLERK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013091156 09/23/2013 11:47 AM MARIA $137.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS