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A-94-06-23-8H - 6/23/1994WARRANTY J)FFD Of - u# 14 -GI3o- 0O00 - o 1 77I VOL. 2 5 2 9 PAGE O 81 GARY RALPH PETERSON, hereinafter called GRANTOR, for the consideration �, hereinafter stated, does GRANT, SELL and CONVEY unto ib4Y- Erffi;Trustet "all of his J�!� interest in and to the following described real property, together with all improvements them situated in Williamson County, Texas, to -wit: ;s' LKB Developementi_Inc. 1 Approximately 4.23 acres of land out of the David Curry 3/4 League Survey, Abstract No. 130, in Williamson County, Texas, and being more particulary described by metes and bounds in attached Exhibit "A ". TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the GRANTEE, GRANTEE'S heirs, executors and administrators, forever. And GRANTOR dots hereby bind GRANTOR, GRANTOR'S heirs, executors and administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the said GRANTEE, GRANTEE'S heirs, executors and administrators, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to all restrictions, easements and mineral reservations, if any, which are of record applicable to the property hereby conveyed. The consideration for this conveyance, receipt of which is hereby acknowledged, is as follows: (1) $10.00 and other valuable consideration paid to GRANTOR for which no lien either expressed or implied is retained; TA27:TAIM 1007-949 79y7 73 C,9li6S 7z). /SO �" A1/ S7 /N, 7�( 7T7#6 Executed this 4' day of mil 1994. Grantee's Mailing Address: Gary Rarph Peterson OFFICIAL RECORDS VALLJADSQt COUNTY, TEXAS THE STATE OF TEXAS voC 2 5 2 9 PAGE 0 78 2 TA27:TA1M 1007-949 COUNTY OF trini,bpilip 5 • This instrument was acknowledged before me on the le, day of i tyhe , 1994, by Gary Ralph Peterson. 416 SUSAN PATTERSON Notary Public - State of Texas Nwary Pdls. %Cs .11 out My Coiffeur SPI13 FEB. 1, 1096 RetuM A99 00 4, 01kistin 1717 35 North Sulte150 Roun Rocit,TX 78664 _ GFII 3 ' P.XHIBIT "A" voi.2529PAGE0753 FIELD NOTES OF A SURVEY OF 4.234 ACRES OF LAND. A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, SAID 4.234 ACRES OF LAND BEING ALL OF THAT 4.23 ACRE TRACT, A PORTION OF THE SAID DAVID CURRY SURVEY, AS DESCRIBED IN A DEED FROM LOUCRETIA HIKES PETERSON, ET VIR TO GARY RALPH PETERSON IN VOLUME 629, PAGE 123, WILLIAMSON COUNTY DEED RECORDS, AS SURVEYED FOR RAY GILL, JR. BY METCALFE 8 SANDERS, INC., LAND SURVEYORS, 4800 SOUTH CONGRESS AVENUE, AUSTIN, TEXAS. Beginning at a 3/4" iron pipe found in the southwest line of Williamson County Road 175 (Sam Bass Road) at the most northerly or northwest corner of that 4.23 acre tract. a portion of the David Curry Survey, Abstract No. 130. in Williamson County, Texas, as described in a deed from Loucretia Fulkea Peterson, et vir to Gary Ralph Peterson in Volume 629, Page 123, Williamson County Deed Records, and the most easterly or northeast corner of that 4.23 acre tract, a portion of the said David Curry Survey, in Williamson County, Texas, as described in a deed from MBank Round Rock, N.A. to Realty Alliance of Texas, Ltd. in Volume 1739, Page 658, Williamson County Deed Records, for the most northerly or northwest corner of the herein described tract; (1) THENCE with the southwest line of Williamson County Road 175 and the northeast line of the said Peterson 4.23 acre tract, S 44' 15' 00" E at 55.33 feet passing a 1/2" steel pin found, in all 188.59 feet to a 3/4" iron pipe found at an angle point in the southwest line of Williamson County Road 175 at the most easterly or northeast corner of the said Peterson 4.23 acre . tract and the northwest corner of that 15 foot wide strip of land dedicated_ for additional right- of-way by the plat of Resubdivislon of Oak Springs, a subdivision of a portion of the said David Curry Survey, in Williamson County, Texas, of record in Cabinet H, Slide 24 -25, Williamson County Plat Records, for the most easterly or northeast corner of the herein described tract; (2) THENCE with the east line of the said Peterson 4.23 acre tract and the southwest line of Williamson County Road 175, being also with the west line of said 15 foot wide strip of land dedicated for additional right- of-way and the west line of Lots 7, 8, 9, 10 and 14 of said Reeubdivision of Oak • voi.2529Pa6E0784 C111 FN of 4.234 Ac, P 2 Springs, S 14 54' 40" N at 17.49 feet passing a 1/2" steel pin found at the southwest corner of Bald 15 foot wide strip of land dedicated for additional right - of-way and the moat northerly or northwaet corner of said Lot 7, at 187.51 feet paeeing a 1/2" steel pin found at the southwest corner of said Lot 7 and the northwest corner of said Lot 8, at 342.51 feet paeeing a 1/2" steel pin found at the southwest corner of said Lot 8 and the northwest corner of said Lot 9, at 502.45 feet passing a 1/2" steel pin found at the southwest corner of said Lot 9 and the northwest corner of said Lot 10, at 723.38 faet passing a 1/2" iron pipe found, at 837.56 feet paeeing a 3/4" iron pipe found near the edge of water along the northeast side of Brushy Creek, this date surveyed, in all 866.94 feat to a,calculated point in or near tha centerline of Brushy Creek and the northeast line of that tract of • land, a portion of the said David Curry Survey, and others, in Williamson County, Texas, designated as Third Tract and described in a deed from the Veterans' Land Board of the State of Texas to Clarence Lorenza Sauls in Volume 608, Page 936, Williamson County Deed Records, for the moat southerly or southeast corner of tha said Peterson 4.23 acre tract and for the southwest corner of said Lot 14. for the most southerly or southeast corner of the herein described tract; THENCE up the approximate centerline of Brushy Creak, being also with the southwest line of the said Peterson 4.23 acre tract and the northeast line of the said Saula Third Tract, courses numbered 3 through 4 inclusive ai follows: (3) N 57 25' 00" W 170.97 feet to a calculated point; (4) N 63 56' 00" W 89.35 feet to a calculated point for the most westerly or southwest corner of the said Peterson 4.23 acre tract and for the most southerly or southeast corner of the said Realty Alliance of Texas, Ltd. 4.23 acre tract, for the moat westerly or southwest corner of the herein described tract; (5) THENCE with the west line of the said Peterson 4.23 acre tract and the east line of the said Realty Alliance of Texas, Ltd. 4.23 acrl tract. N 20 34' 20" E at 46.69 feet passing a 3/4" iron pipe found, at 128.08 feet vai. 25 29PA6E 0785 passing a 3/4" iron pipe found, at 369.83 feat passing • 1" iron pipe found 0.06 of one foot vast of line, at 657.58 feet passing a 1" iron pipe found, at 757.60 feat passing • 1/2" steel pin found, in all 898.81 feat to the place of tho baginaing, containing 4.234 acres of land. STATE OF TEXAS COUNTY OF WILLIAMS0:1 hereby artily that this instrument was FILED on the date and at the time stamped hereon by me. and was duly RECORDED in the Volumr and Page of the named RECORDS or Williamson Count'. Texas as stamped nereon oy me on MAY 1 7 % Z ,.. COUNTY CLERK " W1LLIAMSON COUNTY, TEXAS Gill FN of 4.234 Ac, P 3 rn �a z 3•C < 1U G NC vat .2563PaoEO72 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 33942 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 1 meeting held on the 4 day of r� ,( , Q /� 19 ° 1`"C , which is recorded in the minutes of the City of Round Rock in book WITNESSED by my hand and seal oF the City oF �� Round Rock. Texas on this day of A . A J _ 1 9 v� y a flat ' AVJYletfittiV . V1 1 ,- JOANNE LAND Assistant City Manager/ City Secretary vol.2563P,GE0729 Gardens at Brushy Creek (4.23 ac) � //' Voluntary Annexation ORDINANCE NO. A - - 062-01,3 AN AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS; 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. WHEREAS, the City Council of the City of Round Rock, Texas (the "City "), pursuant to the Municipal Annexation Act, Texas Local Government Code, §43.001, et seq., as amended, and Section 1.03 of the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex additional territory lying adjacent and contiguous to the City, which territory is described in Exhibit "A ", which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and, WHEREAS, two separate public hearings were conducted in accordance with Section 43.052 of the Local Government Code, the first being held at 7:00 p.m. on the 26th day of May, 1994, at City Hall, Round Rock, Texas; and the second hearing being held at 6:00 p.m. on the 2nd day of June, 1994 at City Hall, Round Rock, Texas; and WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of public hearings was published in a newspaper of general circulation in the City of Round Rock and in the territory proposed to be annexed by publication, at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and WHEREAS, additional notice by certified mail was given to railroad companies, if any, servicing Round Rock and not within the boundaries of any other city. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. 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. vo1.256 3PAGEO73O Gardens at Brushy Creek (4.23 ac) Voluntary Annexation Section 2. That the property described in Exhibit "A ", which exhibit is 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. Section 3. That the owners and 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. Section 4. 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. Section 5. 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. Section 6. That this Ordinance shall become effective after its passage. Section 7. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. Section 8. 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. 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. /La, READ, PASSED, and ADOPTED on first reading this 4ov `day of Q.. 1994. ATTEST: NNE LAND, City Secretary VOL. 2563 PAGE 0731 Gardens at Brushy Creek (4.23 ac) Voluntary Annexation CHARLES CULPE'1WER, Mayor City of Round Rock, Texas Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. vol . 2563PAGEU liz EXHIBIT "A" Page of 2. FIELD MOTES OF 4.23 ACRES Or LAND, BEING A PORTION OF THE DAVID CURRY 2/4 LEAGUE SURVEY, ABSTRACT 1130, 2N WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT 12.69 ACRE TRACT DESIGNATED AS TRACT NO. 3 -B AND SET APART TO WCRETIA FULKES PETERSON IN A PARTITION DEED OF THE BESSIE FUL!VES ESTATE AS RECORDED IN VOLUME 599, PAGE 692, WILLIAMSON COUNTY DEED RECORDS, AS PREPARED FOR GARY RALPH PETERSON BY METCALFE ENGINEERING COMPANY, INC., 4600 SOUTH CONGRESS, AUSTIN, TEXAS. Beginning at en iron stake in the southwest line of the Round Ronk- Liberty Hill - Leander Road at the most easterly corner of that 12.69 acre tract, a portion of the David Curry 3/4 League Survey, Abstract 3130, designated es Tract No. 3 -8 and set apart to Luccetia Fulkes Peterson In a partition deed of the Bessie Fulkes Estate as recorded in Volume 559, Page 692, Williamson County Deed Records, said beginning iron stake being also the most northerly corner of that 13.53 acre tract, a portion of the said David Curry 3/4 League Survey, designated as Tract No. 2 -A and set apart to Daisy Dell Fulkes Metcalfe in maid partition deed of the Bessie Fulkes Estate, said 13.33 acre Tract No. 2 - A being also described in a deed from Daisy Dell Fulkes Metcalfe to Marlton O. Metcalfe, Jr., Trusted for Timothy E. Metcalfe, Laverne Rose Metcalf,' and Robert Charles Metcalfe, in Volume 597, pegs 39, Williamson County Deed Records, said beginning iron stake being the most easterly corner of the herein described tract! RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. (1) THENCE with the southeast line of the said Peterson Tract 3 -B of 12.69 acres, being also• the northwest line of the said Metcalfe 13.33 acre tract, 3 14 55' w 312.1 varas to a point in the center of the channel of Brushy Creek at the most southerly Corner of said Peterson Tract 3 -B of 12.69 acres and the most westerly corner of the Metcalfe 13.53 acre tract, for the most southerly Corner of this tract: THENCE with the center of the Channel of Brushy Crook, same being the southwest line of the said Peterson Tract 3 -5 of 12.69 acres, courses numbered 2 -3 inclusive, as follows: (2) 14 57 25' w 61.53 varas to a point, (2) H 63 56' W 32.07 yarns to a point for the most westerly corner of this tract and the moat southerly corner of that 4.23 acre tract, a portion of said Peterson Tract No. 3 -5 of 12.69 acres, this date describe for Barbara Lou Smothers Caldwell: (4) THENCE with the northwest line of this tract, same being the southeast line of the said Caldwell 4.23 acre tract, t: 20 34' E 323.51 varas to s point In the southwest line of the Round Rock - Liberty Hill - Leander Road, being also the northeast lino of the said Peterson Tract Ho. 3 -5 of 12.69 acres, for the most northerly eerner.of this tract and the most easterly corner of the Caldwell 4.23 acre tract: (5) THENCE with the southwest line of the Round pock- Llbert•1 Hill- Leander Road, being also the northeast line of the said Peterson Tract No. 3 -0 of 12.69 acres, 5 44 15' E 67.61 varas to the place of the beginning, containing 4.23 sores of land. Page 2_ of z, YOB, 2563pAGEO733 RECORDERS MEMORANDUM 17 Or r1 Y parts of the teat on this page Was net legible for satisfactory recordation. von, 2563PaGE073Ll PROVISION OF SERVICE PLAN Date: May 9,1994 Annexation Area: Gardens at Brushy Creek Provision of Service: The City of Round Rock, Texas will provide the annexation area with Municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES Currently accessible from an existing twelve inch (12 ") main in Sam Bass Road. This system has sufficient capacity to service the proposed annexation area. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. Ultimate service will be provided by the Brushy Creek Interceptor. Interim proposals are currently under study. This system has sufficient capacity to service the proposed annexation area. • vot.256 Gardens at Brushy Creek Annexation GARDENS AT BRUSHY CREEK PROPOSED RECORDERS anzfORANDVIlt All or Parts of the test on this Page was net dearly legible for satisfactory recordation. vot 25.6 31 AGE 0 7 3 6 STATE OF TEXAS .'7,0UNTY OF WILLIAMSON 1 hereby certify that this instrument was FILED on the date an0 a 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 J L 7 1994 COUNTY CLERK WILLIAMSON COUNTY, TEXAS ' A." ? i CITY OF ROUND ROCK ADMINISTRATION #. 221 VW, MAIN'STRAET �c��` �"TEXAS T8984 FILED Fofaas 1 Vi ILLIAMSOMCOUfTY. k. WA JIL -7 P$ 7 39 A rr"!'! TY CLERK Gardens at Brush Creek (4.23 ac ) q Voluntary Annexation [J ORDINANCE NO. / 1 - / )3 (Y17 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS; 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. WHEREAS, the City Council of the City of Round Rock, Texas (the "City "), pursuant to the Municipal Annexation Act, Texas Local Government Code, §43.001, et seq., as amended, and Section 1.03 of the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex additional territory lying adjacent and contiguous to the City, which territory is described in Exhibit "A ", which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended; and, WHEREAS, two separate public hearings were conducted in accordance with Section 43.052 of the Local Government Code, the first being held at 7:00 p.m. on the 26th day of May, 1994, at City Hall, Round Rock, Texas; and the second hearing being held at 6:00 p.m. on the 2nd day of June, 1994 at City Hall, Round Rock, Texas; and WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of public hearings was published in a newspaper of general circulation in the City of Round Rock and in the territory proposed to be annexed by publication, at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and WHEREAS, additional notice by certified mail was given to railroad companies, if any, servicing Round Rock and not within the boundaries of any other city. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. 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. Gardens at Brushy Creek (4.23 ac) Voluntary Annexation Section 2. That the property described in Exhibit "A ", which exhibit is 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. Section 3. That the owners and 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. Section 4. 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. Section 5. 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. Section 6. That this Ordinance shall become effective after its passage. Section 7. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. Section 8. 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. ATTEST: /ne 'JANNE LAND, City Secretary Gardens at Brushy Creek (4.23 ac) Voluntary Annexation 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. 2 /1fL READ, PASSED, and ADOPTED on first reading this — day of k/YLL 1994. Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. CHARLES CUL'PL I'ER, Mayor City of Round Rock, Texas EXHIBIT "A" FIELD NOTES OF 4.23 ACRES OF LAND, BEING A PORTION OF TUE DAVID CURRY 2/4 LEAGUE SURVEY, ABSTRACT 0130, I!1 WILLIAMSON COUNTY, TEXAS, AHD BEING A PORTION OF THAT 12.69 ACRE TRACT DESIGNATED AS TRACT NO. 2 -8 AND SET APART TO LUCRETIA FULEES PETERSON IN A PARTITION DEED OF THE BESSIE TULEES ESTATE AS RECORDED IN VOLUME 559, PAGE 692, WILLIAMSON COUNTY DEED RECORDS, AS PREPARED FOR GARY RALPH PETERSON BY METCALFE ENGINEERING COMPANY, INC., 4600 SOUTR CONGRESS, AUSTIN, TEXAS. Beginning at an iron stake in the southwest line of the Round Rock - Liberty Mill- Leander Road at the most easterly corner of that 12.69 acre tract, a portion of the David Curry 3/4 League Survey, Abstract 0130, designated as Tract No. 2 -8 and set apart to Lucretia Fulkee Peterson in a partition deed of the Bessie Fulke■ Estate es recorded in Volume 659, Page 692, Williamson County Deed Records, said beginning iron stake being also the most northerly corner of that 13.53 acre tract, a portion of the said David Curry 3/4 League Survey, designated as Tract No. 2 -A and set apart to Daisy Dell Fulkee Metcalfe in said partition deed of the Bessie Fulkee Estate, said 13.53 acre Tract No. 2 -A being also described in a deed from Daisy Dell Fulkee Metcalfe to Marlton O. Metcalfe, Jr., Trusted for Timothy E. Metcalfe, Laverne Rose Metcalfe and Robert Charles Metcalfe, in Volume 597, Page 39, Williamson County Deed Records, said beginning iron stake being the most easterly corner of the herein described tract! Page of (1) THENCE with the southeast line of the said Peterson Tract , 2 -5 of 17.4, acres, being also. the northwest line et the said Notcalto 12.52 acre tract, 5 14 55' w 312.1 varas to • point in the center of the channel of !rushy Creek at the most southerly corner of said Peterson Tract 2 - 6 of 12.69 acres and the most westerly corner of the Metcalfe 12.52 acre tract, for the most southerly corner of this tract/ THENCE with the center of the channel of 5ru•hy Crook, ease being the southwest line of the said Peterson Tract 2 - of 12.69 scree, courses numbered 2-3 inclusive, as follows: (2) N 57 25' N 41.62 verse to a point, (3) H 67 56' v 32.07 wares to a point for the most vesteily corner of this tract and the most southerly corner of that 4.23 acre tract, a portion of said Peterson Tract No. 3 -6 of 13.69 acres, this date describe for 6arbare Lou Smothers Caldwell: (4) THENCE with the northwest line of this tract, sase being the southeast line of the said Caldwell 4.23 acre tract. H 20 34' E 323.57 vera• to a point In the southwest Ilne of the Round Rock- Liberty Hill- Lander Road, being also the northeast lino of the said Peterson Tract No. 2 - of 12.69 acres, for the most northerly eorner.of this tract and the most easterly corner of the Caldwell 4.23 acre tract/ (5) THENCE with the southwest line of the Round Rock- Llber_y Hill - Leander Road, being also the northeast line of the maid Peterson Tract No. 3-9 of 12.69 acres, 5 44 15' E 67.11 wires to the place of the beginning, containing 4.23 acres of land. Page _ of Z. PROVISION OF SERVICE PLAN Date: May 9, 1994 Annexation Area: Gardens at Brushy Creek Provision of Service: The City of Round Rock, Texas will provide the annexation area with Municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES Currently accessible from an existing twelve inch (12") main in Sam Bass Road. This system has sufficient capacity to service the proposed annexation area. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. 6. CAPITAL IMPROVEMENTS REQUIRED None are required. Ultimate service will be provided by the Brushy Creek Interceptor. Interim proposals are currently under study. This system has sufficient capacity to service the proposed annexation area. Gardens at Brushy Creek Annexation GARDENS AT BRUSHY CREEK PROPOSED a••■=f 1.01 oAto Date: June 21, 1994 Subject: City Council Meeting, June 23, 1994 Item: S.H. Consider an ordinance concerning the voluntary annexation of 4.23 acres of land out of the David Curry 3/4 League Survey, Abstract No. 130. (Gardens at Brushy Creek) (First Reading) Staff Resource Person: Joe Vining Recommendation: Approval Two separate public hearings concerning the voluntary annexation were held on May 26, 1994 and June 2, 1994. The purpose of the annexation is to allow the proposed development of the Gardens at Brushy Creek Subdivision, a twenty -one lot single family project. The ordinance adopting the original zoning will be presented at a date to be determined after legal notification requirements have been satisfied and the developer has satisfactorily prepared his Planned Unit Development agreement.