Loading...
O-91-3022 - 12/12/1991STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 4 VOL 210046E359 1, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of the City of Round Rock, Texas, at at a meeting held on the I�' day of 19 91 which is recorded in the minutes of the City of Round Rock in book c2ll , page(s) 695 WITNESSED by my hand and eal of the City of Round Rock, Texas on this o(& pa day of , 19 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 1141,41.4. NNE LAND istant City Manager/ City Secretary GCOR12121C VOL 2100P4GE360 ORDINANCE NO. 3O Tommy E. Moore. Jr. Disannexation Title AN ORDINANCE PROVIDING FOR THE CONTRACTION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS, AND THE DISANNEXATION OF CERTAIN PROPERTY CONSISTING OF 3.754 ACRES OF LAND; WHICH SAID PROPERTY LIES WITHIN THE PRESENT BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS. WHEREAS, in accordance with Art. 980a, V.A.T.S., the City Council of the City of Round Rock, Texas proposes to disannex the property described in Exhibit "A," attached hereto and made a part hereof, and WHEREAS, the owners of said property have executed a Disannexation and Restrictive Covenant Agreement, a copy of which is attached hereto as Exhibit "B," and WHEREAS, the property lies within the present boundaries of the City of Round Rock, Texas, and WHEREAS, all requirements of the laws of the State of Texas and the Home Rule Charter of the City of Round Rock have been complied with, and WHEREAS, the property above described contains 3.754 acres, Now Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The property described in Exhibit "A," which is attached hereto and made a part hereof, being within the present boundaries of the City of Round Rock, Texas, is hereby deleted and disannexed from the City of Round Rock, Texas, and said territory hereinafter described shall hereafter be excluded from the boundary limits of the City of Round Rock, Texas, and the present boundary 2. voL2100Pa1E361 limits of such city, at the various points contiguous to the area hereinafter described, are altered and amended so as to exclude said area outside the corporate limits of the City of Round Rock, Texas. Section 2. The above described territory and the area so disannexed shall no longer be a part of the City of Round Rock, Texas, and the inhabitants thereof, if any, are no longer entitled to all of the rights and privileges of citizens. Section 3. Pursuant to the terms of the Disannexation and Restrictive Covenant Agreement (Exhibit "B ") the property shall continue to be used and developed in accordance with the following ordinances of the City, as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. Section 4. This ordinance shall have an effective date of December 31, 1991. 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 lOY- day of 1991. ATTEST: vol 2100N,E362 Alternative 2. READ and APPROVED on first reading this the day of , 1991. READ, APPROVED and ADOPTED on second reading this the of , 1991. NE LAND, 1 y Secretary 3. MIKE ROBINSON, Mayor City of Round Rock, Texas day EXHIBITA EXHIBIT "A" VOL 2100pMGE363 BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77" 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77" 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76" 16' E, 2.25 feet to an iron stake; THENCE S 12' 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, S 30' 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60" 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. This Agreement is made this day of December, 1991, by and between Tommy E. Moore, Jr. and wife Tiny Ruth Moore, hereinafter referred to as "Owners," and the City of Round Rock, hereinafter referred to as City." WHEREAS, Owners own the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owners hereby warrant that they own the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owners wish to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of all of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owners agree and covenant that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. GCDARCA VOL 2100PAGE364 EXHIBIT "B" Disannexation And Restrictive Covenant Agreement 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owners shall pay any and all fees and charges required by said provisions. The covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owners, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is recorded. Executed by the undersigned on the dates opposite their signatures. Date: Owners: Thomas E. Moore, Jr. Tiny Ruth Moore Date: City of Round Rock, Texas 2. By: Mike Robinson, Mayor v oL 2100n „ STATE OF TEXAS 5 5 COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of December, 1991 by Thomas E. Moore, Jr. Notary Public, State of Texas Printed Name: My Commission Expires: VOL 2100PAi,E366 STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON 3. 4 3 This instrument was acknowledged before me on the day of December, 1991 by Tiny Ruth Moore. Notary Public, State of Texas Printed Name: My Commission Expires: 3 4 This instrument was acknowledged before me on the day of December, 1991 by Mike Robinson, Mayor of the City of Round Rock, Texas, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission Expires: BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77' 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77' 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76' 16' E, 2.25 feet to an iron stake; THENCE S 12' 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, S 30' 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60' 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. EXHIBITA STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this instrument was FILED on the date and at the time stamped hereon by me. and was duly RECORDED in the Volume and page of the named RECORDS of Williamson County, Texas. as stamped hereon by me. on JAN 2 8 1992 EXHIBIT "A" COUNTY CLERK WILLIAMSON COUNTY. TEXAS VOL 2100PAUE367 2974 FILED FOR RECORD m±nMa COUNTY. TX. 1992 JAN 2 m$2 omi CLERK THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 297 I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas, do hereby certify that the above and foregoing 1s a true and correct copy of a resolution passed and adopted by the City Council of the of Round Rock,,n Texas, at a meeting held on the /2. ' day of l.1KrQ / %f� 19 . CERTIFIED bymy hand and seal of the City of Round Rock, Texas on this � day of !�U�Ohu_ 19 q o�J. OFFICIAL NIILUAMSON COUNTY. TEXAS ' VOL 21007461" NE LAND istant City Manager/ City Secretary WHEREAS, Tommy E. Moore, Jr. and wife Tiny Ruth Moore ( "Owners ") are the owners of certain property ( "Property ") described in Exhibit "A ", and WHEREAS, the Property is located within the corporate limits of the City, and WHEREAS, Owners wish to have their Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to enter into a Disannexation and Restrictive Covenant Agreement ( "Disannexation Agreement ") to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances described in the Disannexation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Disannexation Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. RESOLVED this 12th day of December, 1991. ATTEST: J NNE LAND, Secretary RS12121A VOL 2100m,[354 RESOLUTION NO. /Co 7 9 2 wa MIKE ROBINSON, Mayor City of Round Rock, Texas Disannexation And Restrictive Covenant Agreement voL 2100PA,E355 This Agreement is made this /7 day of December, 1991, by and between Tommy E. Moore, Jr. and wife 'h Moore, hereinafter referred to as "Owners," and the City of Round Rock, hereinafter referred to as City." WHEREAS, Owners own the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owners hereby warrant that they own the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owners wish to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of all of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owners agree and covenant that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: GCDARCA 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. VOL 2100P „GE355 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owners shall pay any and all fees and charges required by said provisions. The covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owners, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is recorded. Executed by the undersigned on the dates opposite their signatures. Date: / 2 - l( Date: / 1 ‘ ; STATE OF TEXAS COUNTY OF WILLIAMSON I. ELAINE FOXWORTH q `i Notary Public. Stale of Texas ? \ �� . i My Commission Expires JUNE 15,1995 2. Thomas E. Moore, r. § § § Tiny=Reth Moore e 9 City of Texas By: Mike Robinson, Mayor This instrument was acknowledged before me on the /1 day of December, 1991 by Thomas E. Moore, Jr. -- y cy_u-LL1 - 1, Notary Public, State of Texas Printed Name: aRrilE �x4 ,e Ti{ My Commission Expires: 61r!-,1y'5 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the / /t- day of December, 1991 by T4th Moore. t ELAINE FOXWORTH �, Notary Public, State of Tesa My Commission Ecpres JUNE 15, 1995 STATE OF TEXAS COUNTY OF WILLIAMSON >. :\._ CHRISTINE R, M.ARTINEZ a- -c Notary Poa6".. d'L'ta qt Texas My Carnmig0, E'rpires JUNE22. i993 3. § § Notary Public, State of Texas Printed Name: C- g L ahl,tE re; , ccJ Ce7y My Commission Expires: 67;_5/96-- § 6 § VOL 2100pA E357 This instrument was acknowledged before me on the �J — day of December, 1991 by Mike Robinson, Mayor of the City of Round Rock, Texas, a Texas municipal corporation, •n behalf of 94dorrporation. Notary Public, State of Texas Printed Name: Ci ,f /Y1FfR7nl My Commission Expires: (p -QQ _13 BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77" 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2,. as follows: (1) N 77 16' E, 272.00 feet to an iron stake at sngle in said road; (2) N 76" 16' E, 2.25 feet to an iron stake; THENCE S 12" 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, S 30` 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60" 00' W, 27.24 feet; VOL 2100PAGE THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. EXHIBITA • STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County. Texas, as stamped hereon by me, on JAN 8 15ac ,, JANy 8 1992 EXHIBIT "A" COUNTY CLERK WILLIAMSON COUNTY. TE><A$ Mayor Mike Robinson Mayor Pro -tem Jimmy Joseph Council Members Robert Sttuka Rod Morgan Rick Stewart Earl Palmer Martha A. Chavez City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets July 12, 1993 Nina A. Weston Statutory Documents Secretary of State P.O. Box 12887 Austin, Texas 78711-2887 THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 RE: Letter dated July 2, 1993 to the City of Round Rock Dear Ms. Weston: I received your letter on July 6, 1993 requesting copies of ordinance number 3021 and ordinance number 3022 deannexing two tracts of land from the City of Round Rock. Attached are copies of those two recorded documents. Also, you asked if there is currently any litigation pending or any final judgement of a court. There are neither. If you need additional information please let me know. Sincerely, CAAIAVU L/ Joanne Land Assistant City Manager/ City Secretary Attachments Fax 512- 255 -6676 1-800-735-2989 (TDD) 1-800-735-2988 (Voice) July 2, 1993 Joanne Land City of Round Rock 221 E. Main Street Round Rock, TX 78664 Sincerely, Nina A. Weston Statutory Documents ST /naw Enclosure ceLa-a;L 7- 6 .- 93 SECRETARY OF STATE John Hannah, Jr. tup,@,t Li) J'i STATUTORY DOCUMENTS Past OM. Box 12887, Austin, Texas 78711 -2887 (512) 463-5654 FAX (512) 463.0873 TDD (800) 735-2989 RE: State Certification of Boundary Changes Dear Ms. Land: This office has been unable to certify the boundary changes on the attached list for your city. Please provide us with a copy of the ordinance, resolution, or judgement that accomplished the change and a copy of a plat or map of the area. In addition, please inform us if there is currently any litigation pending or if the action has been held invalid by a final .judgement of a court. In addition, please send this office a copy of any ordinance, resolution, or judgement for any future boundary changes that occur for your city. Please respond within ten days of receipt of this letter. If you require any further assistance in this matter, please contact me at 512- 463 -5559. The Office alike Secretary 01 State dom not discriminate on the brio of race, color. national origin, ses, religion, age or disability in employment or the provision of services. PLACE Round Rock BOUNDARY CHANGES NOT REPORTED TO THE SECRETARY OF STATE'S OFFICE ACTION TYPE NUMBER EFF. DATE Detachment Ordinance 3021 12/31/91 Detachment Ordinance 3022 12/31/91 GCOR12121C ORDINANCE NO. 30672- Tommy E. Moore. Jr. Disannexation Title AN ORDINANCE PROVIDING FOR THE CONTRACTION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS, AND THE DISANNEXATION OF CERTAIN PROPERTY CONSISTING OF 3.754 ACRES OF LAND; WHICH SAID PROPERTY LIES WITHIN THE PRESENT BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS. WHEREAS, in accordance with Art. 980a, V.A.T.S., the City Council of the City of Round Rock, Texas proposes to disannex the property described in Exhibit "A," attached hereto and made a part hereof, and WHEREAS, the owners of said property have executed a Disannexation and Restrictive Covenant Agreement, a copy of which is attached hereto as Exhibit "B," and WHEREAS, the property lies within the present boundaries of the City of Round Rock, Texas, and WHEREAS, all requirements of the laws of the State of Texas and the Home Rule Charter of the City of Round Rock have been complied with, and WHEREAS, the property above described contains 3.754 acres, Now Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The property described in Exhibit "A," which is attached hereto and made a part hereof, being within the present boundaries of the City of Round Rock, Texas, is hereby deleted and disannexed from the City of Round Rock, Texas, and said territory hereinafter described shall hereafter be excluded from the boundary limits of the City of Round Rock, Texas, and the present boundary limits of such city, at the various points contiguous to the area hereinafter described, are altered and amended so as to exclude said area outside the corporate limits of the City of Round Rock, Texas. Section 2. The above described territory and the area so disannexed shall no longer be a part of the City of Round Rock, Texas, and the inhabitants thereof, if any, are no longer entitled to all of the rights and privileges of citizens. Section 3. Pursuant to the terms of the Disannexation and Restrictive Covenant Agreement (Exhibit "B ") the property shall continue to be used and developed in accordance with the following ordinances of the City, as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by *11.311 District C -1 (General Commercial). 2. *3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. *3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. 4. *3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. Section 4. This ordinance shall have an effective date of December 31, 1991. 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 IS day of 1991. 2. Alternative 2. READ and APPROVED on first reading this the day of , 1991. READ, APPROVED and ADOPTED on second reading this the day of , 1991. ATTEST: NE LAND, y Secretary 3. MIKE ROBINSON, Mayor City of Round Rock, Texas EXHIBITA EXHIBIT "A" BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77' 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77' 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76' 16' E, 2.25 feet to an iron stake; THENCE S 12' 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson et al, 168.15 acre tract, as fenced and used upon the ground, S 30 00' W, passing the Williamson - Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60' 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. GCDARCA EXHIBIT "B" Disannexation And Restrictive Covenant Agreement This Agreement is made this day of December, 1991, by and between Tommy E. Moore, Jr. and wife Tiny Ruth Moore, hereinafter referred to as "Owners," and the City of Round Rock, hereinafter referred to as City." WHEREAS, Owners own the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owners hereby warrant that they own the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owners wish to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of all of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owners agree and covenant that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by $11.311 District C -1 (General Commercial). 2. $3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. $3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. 4. $3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owners shall pay any and all fees and charges required by said provisions. The covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owners, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is recorded. Executed by the undersigned on the dates opposite their signatures. Date: Owners: STATE OF TEXAS COUNTY OF WILLIAMSON 2. Thomas E. Moore, Jr. Tiny Ruth Moore Date: City of Round Rock, Texas By: $ $ $ Mike Robinson, Mayor This instrument was acknowledged before me on the day of December, 1991 by Thomas E. Moore, Jr. Notary Public, State of Texas Printed Name: My Commission Expires: STATE OF TEXAS § 1 COUNTY OF WILLIAMSON 9 This instrument was acknowledged before me on the day of December, 1991 by Tiny Ruth Moore. STATE OF TEXAS COUNTY OF WILLIAMSON 3. Notary Public, State of Texas Printed Name: My Commission Expires: 5 i 4 This instrument was acknowledged before me on the day of December, 1991 by Mike Robinson, Mayor of the City of Round Rock, Texas, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission Expires: EXHIBIT "A" BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77' 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77' 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76' 16' E, 2.25 feet to an iron stake; THENCE S 12' 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, S 30' 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60' 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. EXHIBITA DATE: December 10, 1991 SUBJECT: December 12, 1991 ITEM: 10C. Consider an ordinance disannexing 3.754 acres fronting Louis Henna Blvd. (Tommy Moore). (First Reading) STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This ordinance implements the disannexation of Tommy Moore's property as contemplated by the Disannexation Agreement in 9.A. above. A presentation will be made at the meeting. Staff recommends the adoption of the ordinance.