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O-92-2617 - 12/22/1992 �0 r Mayor Mike Robinson Mayor Pro-tem Charles Culpepper Council Members Robert Stiuka Rod Morgan Rick Steuart Earl Palmer Jim my Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L. Sheets January 5, 1993 Ruben Brown c/o Mark Brown 401 County Road 170 Round Rock, Texas 78664 Dear Mr. Brown: THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512. 255.3612 The Round Rock City Council and. Resolution No. 1774R on Enclosed are your recorded ordinance and disannexation If you have Sincerely, Joanne , Assistant City Manager/ City Secretar - y JL:km adopted Ordinance No. 2617 December 22, 1992. copies of the disannexation agreement. any questions, do not hesitate to call. Fax 512 - 255 -6676 1- 800 - 735- 2989(TDD) 1- 800.735.2988 (Voice) VOL 2236, 41600 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 43221 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 1 City oF Round Rock. Texas. at at a n meeting held on the - day of 19 C 7 ) , which is recorded in the minutes of the City of Round Rock in book 01 WITNESSED by my hand and seal of the City oF Round Rock, Texas on this 0(0 Q v day of 19 %,.., OFFICIAL RECORDS WILLIAMSON COUNTY. TEXAS &u,/ WJ /!' /I I NNE LAND istant City Manager/ City Secretary ORDINANCE NO. LP/ VOL 22360 „,, 601 GCOR12222C Ruben Brown Disannexation 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 5.00 ACRES OF LAND; WHICH SAID PROPERTY LIES WITHIN THE PRESENT BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS. WHEREAS, in accordance with §43.142 Local Government Code and §1.04 of the Home Rule Charter, 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 Agreement and Power of Attorney, 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 5.00 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 VOL2236NAO2 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 the rights and privileges of residents of Round Rock. Section 3. Pursuant to the terms of the Disannexation Agreement and Power of Attorney (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, 1992. 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. c z riiL READ, PASSED, and ADOPTED on first reading this ,( day of LA )l , 1992. 2. Alternative 2. READ and APPROVED on first reading this the day of , 1992. READ, APPROVED and ADOPTED on second reading this the of , 1992. ATTEST: LAND, City Secretary 3. VOL 2236N6E603 MIKE ROBINSON, Mayor City of Round Rock, Texas day K /PROPERTY voL 2236 „,604 Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466 Public Road to set an tract. THENCE S 13° 45' E 466. corner of this tract. THENCE N 76° 15' E 466. corner of this tract. EXHIBIT "A” .7 feet along the South line of the iron pin for the NW corner of this 7 feet to set an iron pin for the SW 7 feet to set an iron pin for the SE THENCE N 13° 45' W 466.7 feet to the POINT OF BEGINNING. Disannexation Agreement and Power of Attorney . m:( This Agreement is made this A day of December, 1992, by and R9p between Reuben D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns 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, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention 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; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: I . The Owner agrees 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: GDA &POA EXHIBIT "B" 7Von 2236PAGE605 VOL 2236PA,E606 1. Chapter 11, Zoning, Code or Ordinance (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 or 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, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that 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 Owner, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven Agreement is approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. (7) years from the date this his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: Owner: /�J J�2 Owner: RRuben D. Brown VOL 2236 607 — Date: City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON - : CHRISTINE H. MARTINEZ Notary Public, Stale of texas My Commission Expires JUNE 22, 1993 3. By: 5 5 Mike Robinson, Mayor This instrument was acknowledged before me on the j'--1 day of December, 1992 by Ruben D. Brown. Notary Public S ate of Te as Printed Name: (7.}i 7 //)& /��� ,enk Z, My Commission Expires: - STATE OF TEXAS V O 2236E 608 COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of December, 1992 by Mike Robinson. 4. Notary Public, State of Texas Printed Name: My Commission Expires: STATE OFTEXAS COUNTY OFWILLIAMSON 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 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 4 C 14 2 4.1.) ? I COUNTY CLERK WILLIAMSON COUNTY, TEXAS VOL 2236P„uE 609 43221 1992 DEC 29 PH 2 4/ 701.2236 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 43222 I, 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 a resolution passed and adopted by the City Council of the City of Round Rock, Texas, At a meeting held on the c7(O day of , 19 qa. CERTIFIED b my hand and p seal of the City oof Round Rock, Texas on this U — day of 1 -/ham J T WSJ I. , 19 9a . OFFICIAL RECORDS MAMMON COUNTY, TEXAS MirZLI NNE LAND A istant City Manager/ City Secretary ATTEST: /!/L1 I NE LAND, Secretary RS12222A RESOLUTION NO. r r / voL2236N WHEREAS, Ruben Brown ( "owner ") is the owner of certain property ( "Property ") described in Exhibit "A ", and WHEREAS, the Property is located within the corporate limits of the City, and WHEREAS, Owner wishes to have his 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 Agreement and Power of Attorney ( "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, and to appoint an attorney -in -fact, 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 "B" and incorporated herein for all purposes. RESOLVED this 22nd day of December, 1992. MIKE ROBINSON, Mayor City of Round Rock, Texas voL2236pAoE612 Being 5 acres of the Socrates Darling Survey 1102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466 Public Road to set an tract.. THENCE S 13° 45' E 466. corner of this tract. THENCE N 76° 15' E 466. corner of this tract. THENCE N 13° 45' W 466 K /PROPERTY EXHIBIT "A" .7 feet along iron pin for 7 feet to set 7 feet to set .7 feet to the the South line of the the NW corner of this an iron pin for the SW an iron pin for the SE POINT OF BEGINNING. WHEREAS, City, and WHEREAS, GDA&POA EXHIBIT "B" von 2236 „: Disannexation Agreement and Power of Attorney /ILL This Agreement is made this „-,-� day of December, 1992, by and between Ruben D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns the Property in fee simple and that there are no outstanding liens on said Property, and the Property is located within the corporate limits of Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention 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; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: I. The Owner agrees 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: VOL 2236,„6E614 1. Chapter 11, Zoning, Code or Ordinance (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 or 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, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that 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 Owner, 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 approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: ge, /if jr-J'r/2 Owner: STATE OF TEXAS COUNTY OF WILLIAMSON CHRISTINE R. MARTINEZ Notary Pubis. Stole of Texas My Cornrnissicn Expires JUNE 22, 1993 3. Ruben D. Brown kkg Date: City of Round Rock, Texas By: 4 4 Mike Robinson, Mayor 7o 2236, h, 615 This instrument was acknowledged before me on the 11 day of December, 1992 by Ruben D. Brown. C. ` " IlA1LIJ Notary Public . S 4e of_Te as ;,J Printed Name:�. 7 / A�E� /////����� % /AJ(�Z My Commission Expires: STATE OF TEXAS von COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of December, 1992 by Mike Robinson. 4 Notary Public, State of Texas Printed Name: My Commission Expires: Disannexation Agreement and Power of Attorney This Agreement is made this ',.>"4 d ay of December, 1992, by and 17,46' between Ruben D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns 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, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention 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; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: I. The Owner agrees 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: GDA &POA VOL 2236,„ E617 VOL 2236PLE618 1. Chapter 11, Zoning, Code or Ordinance (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 or 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, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that 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 Owner, 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 approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. "— VOL 2236,„i.E619 his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: DUANT)5hJA , 1 ?) 19 7 Date: 11t.`Pm I Jx/li r12 ) I / a STATE OF TEXAS COUNTY OF WILLIAMSON C f IST1NE R. MARTINEZ arp f ublm. Stzls of Texas My Commissl ^n Expires JUNE 22, 1393 3. Owner: • f R uben D. Brown Ra City of Round Rock, Texas By: Mike Robinson, Mayor This instrument was acknowledged before me on the Fr — day of December, 1992 by Ruben D. Brown. Notary Public State of Texas Printed Name: co kt5rIAj E R. MA T« t 2- My Commission Expires: (o-a2 --q 3 STATE OF TEXAS VOL 22 6NEE § COUNTY OF WILLIAMSON § „ act This instrument was acknowledged before me on the 2 L 2 — day of December, 1992 by Mike Robinson. Uvtic � ' . , C1-1R!5T!NE R. MARTINEZ Neter PpSiic, State el Texas My Commissi ^n Expires JUNE 22, 1993 4. Notary Public, State of Texas Printed Name: eHRJSf'J[J6 R. /m 1erj/J &z, My Commission Expires: (c - 2 - y 3 EXHIBIT "A" VOL 2236p621 Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466.7 feet along the South line of the Public Road to set an iron pin for the NW corner of this tract. THENCE S 13° 45' E 466.7 feet to set an iron pin for the SW corner of this tract. THENCE N 76° 15' E 466.7 feet to set an iron pin for the SE corner of this tract. THENCE N 13° 45' W 466.7 feet to the POINT OF BEGINNING. K /PROPERTY : VOL 2236E 622 CITY Or ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED cn the date and at the time stamped hereon y rna. and ma duty RECORDED in the Volume RE c Vjamson • atar,ped hereon by me, on D C 2 9 1992 COUNTY CLERK WILLIAMSON COUNTY, TEXAS 43222 H.11) Fnr: IX. 1992 DEC 29 Pti 2: LI 2 C 6 1 :c: 7 7: .) :• - :^3=D 211 - 1 rvinl; 44_,qou4a6,,e_ GCOR12222C ORDINANCE NO. c:4.0/7 Ruben Brown Disannexation 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 5.00 ACRES OF LAND; WHICH SAID PROPERTY LIES WITHIN THE PRESENT BOUNDARY LIMITS OF THE CITY OF ROUND ROCK, TEXAS. WHEREAS, in accordance with §43.142 Local Government Code and §1.04 of the Home Rule Charter, 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 Agreement and Power of Attorney, 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 5.00 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 the rights and privileges of residents of Round Rock. Section 3. Pursuant to the terms of the Disannexation Agreement and Power of Attorney (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, 1992. 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 ,A,A day of UJYYJ i J , 1992. 2. Alternative 2. READ and APPROVED on first reading this the day of , 1992. READ, APPROVED and ADOPTED on second reading this the of , 1992. ATTEST: 3. MIKE ROBINSON, Mayor City of Round Rock, Texas day K /PROPERTY EXHIBIT "A" Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466.7 feet along the South line of the Public Road to set an iron pin for the NW corner of this tract. THENCE S 13° 45' E 466.7 feet to set an iron pin for the SW corner of this tract. THENCE N 76° 15' E 466.7 feet to set an iron pin for the SE corner of this tract. THENCE N 13° 45' W 466.7 feet to the POINT OF BEGINNING. GDA &POA EXHIBIT "B" Disannexation Agreement and Power of Attorney nn�1 This Agreement is made this Aot - day of December, 1992, by and between Reuben D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns 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, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention 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; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: 2. The Owner agrees 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 or Ordinance (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 or 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, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that 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 Owner, 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 approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: ffl /! 11' 9'2- Owner: STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was CHRISTINE R. MARTINEZ Notary PubLr, State of Texas My Commission Expires JUNE 22, 1993 3. �Rg en D. Brown Date: City of Round Rock, Texas By: § Mike Robinson, Mayor acknowledged before me on the December, 1992 by Ruben D. Brown. da of Notary Public $ a e of_Te as Printed Name: LI - W 4"/AX, e 77,U6 My Commission Expires: STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of December, 1992 by Mike Robinson. 4. § § Notary Public, State of Texas Printed Name: My Commission Expires: DATE: December 18, 1992 SUBJECT: City Council Meeting, December 22, 1992 ITEM: 8.I. Consider an ordinance disannexing 5.00 acres of land owned by Ruben Brown. (First Reading) STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: December 18, 1992 CITY OF ROUND ROCK INTEROFFICE MEMORANDUM TO: Robert L. Bennett, Jr., AICP City Manager FROM: James R. Nuse, P.E. D of Public Works SUBJECT: Ruben Brown Recently, Ruben Brown applied to the City of Round Rock for water and sewer service to his property along Louis Henna Blvd. It was estimated that the cost to the City for the extension of these services would be approximately $50,000. These extensions will be necessary in the future, however, I cannot recommend extending these services now. Mr. Brown has agreed to certain land use restrictions which conform to those of in -City residents. Furthermore, Mr. Brown has agreed to voluntarily annex into the City when service is available. I recommend that we disannex Mr. Brown under the conditions previously mentioned. Mayor Mike Robinson Mayor Pro -tem Charles Culpepper Council Members Robert Stluka Rod Morgan Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets January 5, 1993 THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512 - 255 -3612 Ruben Brown c/o Mark Brown 401 County Road 170 Round Rock, Texas 78664 Dear Mr. Brown: The Round Rock City Council adopted Ordinance No.-2617 and Resolution No. 1774R on December 22, 1992. Enclosed are your recorded copies of the disannexation ordinance and disannexation agreement. If you have any questions, do not hesitate to calI. Sincerely, i Joanne Land, Assistant City Manager/ City Secretar -y JL:km Fax 512 - 255 -6676 1 -800- 735- 2989(TDD) 1. 800. 735 -2988 (Voice)