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A-99-12-09-12B5 - 12/9/1999THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE MARTINEZ, Assistant City Secretary 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 -99- 12-09-12B5 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 9th day of December 1999 as recorded in the minutes of the City of Round Rock in Book 42. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 17th day of December 1999. 199904504 21 PgS CHRISTINE MARTINEZ Assistant City Secretary K: \WPDOCS \OADINANC \091309E5. WPO /sc and ORDINANCE NO. r► `�" i9 - �/ � - h265 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 141.135 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT 130, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS, pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 141.135 acres of land out of the David Curry Survey, Abstract No. 130, in Williamson County (the "Property "), more fully described in Exhibit "A ", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one -half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, 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 City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. H. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. Iv. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other 2 citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the Service Flan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit 'B ", is hereby approved. VII. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VIII. That this Ordinance shall become effective after its passage. IV. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. 3 X. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. XI. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which 4 this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 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. ATTEST: READ, PASSED, and ADOPTED on first reading this day of , 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of , 1999. /141111) E LAND, City Secretary 1 ROBERT A. STLUKA,f/JR., Mayor City of Round Rock, Texas 5 OR5 0. BENRENS 10 5000511 K 0044016 0W04 A. 0061013. ANO LEON 0. 004045 I/4 INTERIM VOX 1963 PC. 369 TRACT • LEON R BEIREN5 000(4110. 000015 7502511E FOR IRE 514060 OAON 001/1045 MOST M 021601 6031 15 0040F5 INTERES7 T 10 IR MA • 0 2107/134, 417 11 DEED 05.00.44 MALT 1 290.000 AC. P.OJ. 157.55I� FUTURE SEC1104 W000 6101 SU007540N *4070 760 0E101 WAS MADE TO CLARIFY TIE ACREAGE OF NE 001099X0 PORTION OF AK 131.601 ACRE TRACT FDA 10104c PURPOSES 0114.11. ADR 10011001 00600011 600640500 SEE 551.4E71 OF 109400203. M4C711 PREPARED ON WN091010.1 -AUON. INC. DARR 0010®1 MO 14001604, 1019. n. 00114045 • 60FL Wu 0 4ATWI1A B04REN5 10 110N E. 001REN5 M. MA PD 563, MARC. 157.652 ACRES (LESS 16.517 AC.) NET 141.135 ACRES __3.01011_ !.U50C.MO.. MFG -ALIN S.- LANCE- 10 3109, CID 2607/505, O./1R& 157.610 X70'45211 3326.63' NAROD N. RASMUSSEN • WE. MURNE L 50500554! 70 X0003.0 N. MO ARLNE L RA01155EN 1505 0FVOCANE FAMILY (RUST, HAROLD N. RASMUSS N. 4115101 2356/229, D0.W.0. FLED ART 19. 1993 NORM 1/2 OF 356.2 AC TRACT, LESS 43.36 AC 0115110 INOUSMI6, NC TRACT SAME 0E5010110N AS 1445/240 SKETCH TO ACCOMPANY DESCRIPTIONS 141.135 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY A -130 WILLIAMSON COUNTY, TEXAS 3E51111040.1E 0101511. 1.00(0107011 TO CE0I0E RAILROAD COIPMY 600/634 DR.WC TRACT IA 075.67 AD LOWER COLORADO 101ER AUTHORITY / 101* ELECTRIC 1RAN90551ON 1 EASEMENT Wl. 333 PC. 615, 0.0.00.0. 465 RAIL N 4001 or re ULEOAN AT !0400 601400 I 1 �/6 OW /// 1 BEARS X51705 1.29' / 1 1 / / / 1 / ! // 1 10' WAIERUNE EASEMENT • 40' LMOE 10MORART 000111010604 05117. VOL 1031 116 320 / TRACT ONE 1 ) O.R.W.C. I g / / x . SAVE AN EXCEPT f ^7 16.017 AG i / ° 20. . // ONIE 0. 0440015 TO ROBTAT N. 00111011. 744400 A 00170017 ANO LION 0. 000546 1/4 1111131E07 WL 1102 PG 444 15001 I 11.06. 16511 AC ROBERT R. 601R04S l LION 0. BEHRENS fa WRAOAM 8. BEHRENS ALL MEW INTEREST N TRACK L 0 • NV 2069/134. PM111IO1 0® DREW.[. LEGEND • M NON R00 FOUND UNLESS 60110 O 1{' WON 000 SET 4011 CAP • NALL FOUND 7111 AS N0104 m �Tr "aa 9114,0150 1144 AXE /. ;� %CUNNINGHAM -ALLEN INC. t l .... , . "A +,,, ; EE 3103 B CAVE ROAD, 502711E 702 . ........ -• - 1 A115/114. TEXAS 70746 BEARING BASS RO1G v j,• `FF5. •-5. PHONE (512) 327 - 2040 REST LANE 11 CALLED 396.2 ACRE TRACT DESCRIBED IN +T� �� • FAR (572) 327 WWNE 515. PAGE 197, 0ID RECORDS OF 6R11A450N -,•� oU1 00RNTY. IDAS 01 1900' W) TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents hereby petition your Honorable Body to extend the present city limits so as to include as part of the City of Round Rock, Texas, the following described territory, to wit: We hereby certify, under oath, that: 1. WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit `B" a true and current copy of the Warranty Deed whereby we acquired said property, and 2. the above described tract of land is contiguous and adjacent to the current City Limits of the City of Round Rock, Texas. KLIP In By KLIP istme • By 1374annx2 PETITION FOR ANNEXATION INTO THE CITY OF ROUND ROCK, TEXAS Barry Kendrick, President SEE EXHIBIT "A" ts, LP ent Corp., It's General Partner SUBSCRIBED AND SWORN TO BEFORE ME, a notary public by Barry Kendrick, President of KLIP Management Corp. General Partner for KLIP Investments, LP., this /N day of November, 1999 AD. Notary Public in and for the State of Texas. FIELD NOTES FOR 141.135 ACRES BEING 157.652 Acres described in Exhibit "A", attached hereto; SAVE AND EXCEPT 16.517 Acres described in Exhibit `B" attached hereto. EXHIBIT "A" 157.652 ACRE TRACT DESCRIPTION FIELD NOTES FOR 157.652 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING THE REMAINING PORTION, WEST OF THE GEORGETOWN RAILROAD RIGHT OF WAY, OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 396.2 ACRES IN A DEED TO LEROY L. LANGE AND WIFE, RUTH S. LANGE AND HAROLD M. RASMUSSEN AND WIFE, ARLINE L. RASMUSSEN, FILED FOR RECORD FEBRUARY 26, 1969, IN VOLUME 515, PAGE 197, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 157.652 ACRES ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS OF THE NORTH ONE -HALF (1/2) OF A 396.2 ACRE TRACT DESCRIBED IN A DEED TO THE HAROLD M. AND ARLINE L. RASMUSSEN 1986 REVOCABLE FAMILY TRUST, HAROLD M. RASMUSSEN, TRUSTEE, FILED FOR RECORD JULY 19, 1993, IN VOLUME 2338, PAGE 226, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 157.652 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Y: inch iron rod found at the base of a fence corner post for the northwest comer of the herein described tract and of said 396.2 acre tract, being in the south line of that certain Tract IA, described in a deed to Georgetown Railroad Company, of record in Volume 880, Page 630, Deed Records of Williamson County, Texas, same being the northeast comer of a remaining portion of that certain Tract No. 4, described in a deed to Robert H. Behrens, William A. Behrens and Leon R. Behrens, of record in Volume 1963, Page 449, Official Records of Williamson County, Texas, and of that certain Tract II, described as 290.00 acres in a deed to Robert H. Behrens, Trustee for the Kimberlee Dawn Behrens Trust, of record in Volume 2107, Page 134, Official Records of Williamson County, Texas, same being in the approximate south line of Ephraim Evans Survey, Abstract No. 212 and north line of said David Curry Survey; THENCE, with the north line of the herein described tract, of said 396.2 acre tract and of the David Curry Survey, and the south line of the said Georgetown Railroad Company tract and of said Ephraim Evans Survey, N 70 °45'21" E, a distance of 3326.83 feet to a 60d nail found in a root of an 18 inch Live Oak tree at a fence comer for the most northerly northeast comer the herein described tract and of said 396.2 acre tract, and the northwest corner of that certain Tract IV, described in a deed to William A. Behrens of record in Volume 2059, Page 834, Official Records of Williamson County, Texas, from which a 3/8 inch iron rod found bears N 51°30' E, a distance of 1.29 feet; THENCE, with an east line of the herein described tract and of said 396.2 acre tract, S 19°15'35" E, a distance of 1424.11 feet to a Y. inch iron rod set for an interior ell comer of the herein described tract, from which an 20 inch Live Oak tree bears N 31° E, a distance of 40.3 feet; THENCE, with a north line of the herein described tract and of said 396.2 acre tract, N 70 °29'03" E, a distance of 371.95 feet; to a Y: inch iron rod set for the most easterly northeast corner of the herein described tract in the west line of a Georgetown Railroad Right of Way; CAI- 920 -0158 Page 1 of 2 rwrmsamf odder THENCE, over and across said 396.2 acre tract with the east line of the herein described tract and the west line of said Georgetown Railroad Right of Way, the following five (5) courses: 1) S 00 0 3928" W 101.09 feet to a %2 iron rod set; 2) N 70 °29'03" E 10.65 feet to a'' /2" iron rod set; 3) S 00 °39'28" W 980.00 feet to a /z' iron rod set; 4) S 70 °29'03" W 5.33 feet to a '/ " iron rod set; 5) S 00 °39'28" W 539.33 feet to a iron rod with found for the southeast corner of the herein described tract and the northeast corner of that certain tract of land described as the south one -half of said 396.2 acre tract, (157.836 acres) in a deed to 3406, Ltd., of record in Volume 2607, Page 505, Official Records of Williamson County, Texas, from which a'''/ inch iron rod found for the southeast corner of said 3406 Ltd. tract and of said 396.2 acre tract bears S 00 °38'52" W 1350.05 feet; THENCE, with the south line of the herein described tract and the north line of said 3406, Ltd., tract over and across said 396.2 acre tract, N 77 °20'03" W, a distance of 3719.09 feet; to a'' /2 inch iron rod found for the southwest comer of the herein described tract and the northwest comer of said 157.836 acre 3406 Ltd. Tract, same being in the west line of said 396.2 acre tract and the east line of said Behrens Tract 4, and said 290.00 acre tract THENCE, with the west line of the herein described tract and of said 396.2 acre tract and the east line of said Behrens Tract 4, N 19°00'00" W, a distance of 980.11 feet; to the POINT OF BEGINNING, containing 157.652 acres of land within these metes and bounds. Reference is herein made to the Boundary Survey of this 157.652 Acres of Land accompanying this description. Bearing Basis: West line of that certain tract of land described in deed to the Harold M. and Mine L. Rasmussen 1986 Revocable Family Trust, of record in Volume 2338, Page 226, Official Records of Williamson County, Texas (N19 °00'W). I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. Gr R = ed Profess . . Land Surveyor No. 44 7 D. : October, 1999 Survey Date: October , 1999 CAI -920 -0158 Page 2 of 2 rrenusadsfflembe SAVE AN EXCEPT THE FOLLOWING DESCRIBED TRACT: EXHIBIT "B" 16.517 ACRE TRACT DESCRIPTION FIELD NOTES FOR 16.517 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF THE REMAINING PORTION, WEST OF THE GEORGETOWN RAILROAD RIGHT OF WAY, OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 396.2 ACRES IN A DEED TO LEROY L. LANGE AND WIFE, RUTH S. LANGE AND HAROLD M. RASMUSSEN AND WIFE, ARLINE L. RASMUSSEN, FILED FOR RECORD FEBRUARY 26, 1969, IN VOLUME 515, PAGE 197, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 16.517 ACRES ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS OF THE NORTH ONE - HALF (1/2) OF A 396.2 ACRE TRACT DESCRIBED IN A DEED TO THE HAROLD M. AND ARLINE L. RASMUSSEN 1986 REVOCABLE FAMILY TRUST, HAROLD M. RASMUSSEN, TRUSTEE, FILED FOR RECORD JULY 19, 1993, IN VOLUME 2338, PAGE 226, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 16.517 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a / inch iron rod set in an east line of said 396.2 acre tract, in the west line of that certain Tract TV, described in a deed to William A. Behrens, of record in Volume 2059, Page 834, Official Records of Williamson County, Texas, from which point a 60d nail found in a root of an 18 inch Live Oak tree at a fence corner for the most northerly northeast corner of the said 396.2 acre tract, being in the south line of that certain Tract IA, described in a deed to Georgetown Railroad Company, of record in Volume 880, Page 630, Deed Records of Williamson County, Texas, same being in the approximate south line of Ephraim Evans Survey, Abstract No. 212 and north line of said David Curry Survey, bears N I9 °15'35" W a distance of 647.46 feet; THENCE, with an east line of the herein described tract and of said 396.2 acre tract, S 19 °15'35" E, a distance of 776.65 feet to a % inch iron rod set for an interior ell corner said 396.2 acre tract and of the herein described tract, from which an 20 inch Live Oak tree bears N 31° E, a distance of 40.3 feet; THENCE, with a north line of the herein described tract and of said 396.2 acre tract, N 70 °29'03" E, a distance of 371.95 feet to a '% inch iron rod set for the most easterly northeast corner of the herein described tract, in the west line of a Georgetown Railroad Right of Way; THENCE, over and across said 396.2 acre tract with the east line of the herein described tract and the west line of said Georgetown Railroad Right of Way, the following three (3) courses: 1) S 00 °39'28" W 101.09 feet to a 'A" iron rod set; 2) N 70 °29'03" E 10.65 feet to a V2 iron rod set; and 3) S 00 0 3928" W 251.65 feet to a %" iron rod set for the southeast corner of the herein described tract, from which a %" iron rod set in the east line of said Georgetown Railroad Right of Way bears S 00 °39'28" W 718.75 feet; CAI- 920 -0158 Page 1 of 2 THENCE, continuing across said 396.2 acre tract, with the south line of the herein described tract, the following two (2) courses: 1) N 89 °57'09" W a distance of 354.95 feet to a %2" iron rod set; and 2) S 81 °53'12" W a distance of 714.61 feet to a 'A" iron rod set at the southwest corner of the herein described tract, in the east line of a 100' wide Electric Transmission Easement described in deed to the Lower Colorado River Authority, of record in Volume 338, Page 615, Deed Records of Williamson, County, Texas; THENCE, continuing across said 396.2 acre tract, with the west line of the herein described tract and the east line of said Electric Transmission Easement, N 02 °50'58" W, a distance of 929.76 feet to a /2" iron rod set at the northwest corner of the herein described tract; THENCE, continuing across said 3962 acre tract, with the north line of the herein described tract, the following two (2) courses: 1) with a curve to the right having a radius of 2005.00 feet, an arc length of 335.97 feet, and a chord bearing and distance of N 73 °38'47" E 335.57 feet to a'' W' iron rod set at the point of tangency of said curve; and 2) N 78 °26'48" E a distance of 177.47 feet to the POINT OF BEGINNING, containing 16.517 acres of land within these metes and bounds. Reference is herein made to the Sketch of this 16.517 Acres of Land accompanying this description. Bearing Basis: West line of that certain tract of land described in deed to the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust, of record in Volume 2338, Page 226, Official Records of Williamson County, Texas (NI9 °00'W). I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. A ee k r,/ Sc o t R ered ro Tonal Land Surveyor No. 4437 Date: October, 1999 Survey Date: October , 1999 CAI- 920 -0158 Page 2 of 2 Date: Grantor: Grantor's Mailing Address: Grantee: WARRANTY DEED WITH VENDOR'S LIEN Executed Ar0 -13 , 1999, to be effective however, as of November 18, 1999 • Harold M. Rasmussen, Trustee of the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust 3147 Latham Lane El Dorado Hills, El Dorado County, CA 95762 -4317 KLIP Investments, L.P., a Texas limited partnership Grantee's Mailing Address: 9099 Research Blvd. Austin, Travis County, Texas 78727 Consideration: The sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the further consideration of the execution and delivery by Grantee of a certain promissory note (the "Note") of even date, in the original principal sum as set forth therein, and made payable to the order of Grantor Property: That certain 157.652 acre tract or parcel of land out of the David Curry Survey, Abstract No. 130, in Williamson County, Texas, as more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, together with any and all improvements thereon and all rights, privileges and appurtenances pertaining thereto, including but not limited to: (i) water rights; (ii) claims and permits; (iii) easements; and (iv) all rights and obligations of applicable government programs and cooperative or association memberships. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: Those certain exceptions to title set forth on Exhibit B, attached hereto and made a part hereof for all purposes, to the extent and only to the extent such matters are valid and subsisting and affect the Property as of the date hereof. Grantor, for the Consideration and sub ject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. .S The vendor's lien against and superior title to the Property are retained by Grantor until the Note described above is fully paid according to its terms, at which time this Deed will become absolute. When the context requires, singular nouns and pronouns include the plural. EXECUTED this /3 day of , 1999, to be effective however, as of November 18, 1999. STATE OF CALIFORNIA COUNTY OF L [SEAL] My Commission Expires: 7 ( 2' By, . oh M. Rasmusse ' , Trustee of the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust GRANTEE: KLIP Investments, L.P., a Texas limited partnership By: KLIP Man. :e�� Corp., a Texas corporation B Name: (ba� �✓oe�� Title: Prtxs aw,r s instrument was acknowledged before me on this etk day of 0 by Harold M. Rasmussen as Trustee of the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust. Notary Pub '' in and or t u e State of California yt I le Printed Na a of tary %YVall ANDS .. Commission # 1147025 Notary Public- Coliifomlo F `f 8 Dorado County My Comm. Expires Jul 17 2001 STATE OF TEXAS § COUNTY OF TRAVIS § { T" This instrument was acknowledged befor me on this / Ll day of 1999 by J)1 R A/ befor /tIbei eK as ,2e,5i1)E it) 7 of KLIP Management Corp., a Texas cofporation, on behalf of said corporation, as general ents L P a Texas limited partnership, on behalf of said partnership. DEBRA SUE BOHAN MY COMMISSION EXPIRES •f,+� i`~ June 14, 2003 • Notary Public in an d for e State of Texas )) ebro, e &ha i Printed Name of Notary My Commission Expires: 61fr e14,4DDj EXHIBIT "A" • CAI -920 -0158 DESCRIPTION Page 1 of 2 EXHIBIT A 157.652 ACRE TRACT FIELD NOTES FOR 157.652 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING THE REMAINING PORTION, WEST OF THE GEORGETOWN RAILROAD RIGHT OF WAY, OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 396.2 ACRES IN A DEED TO LEROY L. LANGE AND WIFE, RUTH S. LANGE AND HAROLD M. RASMUSSEN AND WIFE, ARLINE L. RASMUSSEN, FILED FOR RECORD FEBRUARY 26, 1969, IN VOLUME 515, PAGE 197, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 157.652 ACRES ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAN) DESCRIBED AS OF THE NORTH ONE -HALF (I/2) OF A 396.2 ACRE TRACT DESCRIBED IN A DEED TO THE HAROLD M. AND ARLINE L. RASMUSSEN I986 REVOCABLE FAMILY TRUST, HAROLD M. RASMUSSEN, TRUSTEE, FILED FOR RECORD JULY 19, 1993, IN VOLUME 2338, PAGE 226, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 157.652 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Y2 inch iron rod found at the base of a fence corner post for the northwest corner of the herein described tract and of said 396.2 acre tract, being in the south line of that certain Tract IA, described in a deed to Georgetown Railroad Company, of record in Volume 880, Page 630, Deed Records of Williamson County, Texas, same being the northeast corner of a remaining portion of that certain Tract No. 4, described in a deed to Robert H. Behrens, William A. Behrens and Leon R Behrens, of record in Volume 1963, Page 449, Official Records of Williamson County, Texas, and of that certain Tract 17, described as 290.00 acres in a deed to Robert H. Behrens, Trustee for the Kimberlee Dawn. Behrens Trust, of record in Volume 2107, Page 134, Official Records of Williamson County, Texas, same being in the approximate south line of Ephraim Evans Survey, Abstract No. 212 and north line of said David Curry Survey; THENCE, with the north line of the herein described tract, of said 396.2 acre tract and of the David Curry Survey, and the south line of the said Georgetown Railroad Company tract and of said Ephraim Evans Survey, N 70 °45'21" E, a distance of 3326.83 feet to a 60d nail found in a root of an 18 inch Live Oak tree at a fence corner for the most northerly northeast comer the herein described tract and of said 396.2 acre tract, and the northwest comer of that certain Tract W, described in a deed to William A. Behrens of record in Volume 2059, Page 834, Official Records of Williamson County, Texas, from which a 3/8 inch iron rod found bears N 51°30' E, a distance of 1.29 feet; THENCE, with an cast line of the herein described tract and of said 396.2 acre tract, S 19°15'35" E, a distance of 1424.11 feet to a !4 inch iron rod set for an interior ell corner of the herein described tract, from which an 20 inch Live Oak tree bears N 31° E, a distance of 40.3 feet; THENCE, with a north line of the herein described tract and of said 396.2 acre tract, N 70 °29'03" E, a distance of 371.95 feet; to a V2 inch iron rod set for the most easterley northeast corner of the herein described tract in the west line of a Georgetown Railroad Right of Way; nons.fynM THENCE, over and across said 396.2 acre tract with the east line of the herein described tract and the west line of said Georgetown Railrod Right of Way over and across said 396.2 acre tract, the following five (5) courses: 1) S 00 °39'28" W 101.09 feet to a' /" iron rod set; 2) : N 70 °29'03" E 10.65 feet to a %:" iron rod set; 3) S 00 °39'28" W 980.00 feet to a 14" iron rod set; 4) S 70°29'03" W 5.33 feet to a'r'A" iron rod set; 5) S 00 °3978" W 539.33 feet to a %s" iron rod with found for the southeast corner of the herein described tract and the northeast corner of of that certain tract of land described as the south one -half of said 396.2 acre tract, (157.836 acres) in a deed to 3406, Ltd., of record in Volume 2607, Page 505, Official Records of Williamson County, Texas, from which a % inch iron rod found for the southeast corner of said 3406 Ltd. tract and of said 396.2 acre tract bears S 00 °38'52" W 1350.05 feet THENCE, with the south line of the herein described tract and the north line of said 3406, Ltd., tract over and across said 396.2 acre tract, N 77°20'03" W, a distance of 3719.09 feet; to a inch iron rod found for the southwest corner of the herein described tract and the northwest comer of said 157.836 acre 3406 Ltd. Tract, same being in the west line of said 396.2 acre tract and the east line of said Behrens Tract 4, and said 290.00 acre tract THENCE, with the west line of the herein described tract and of said 396.2 acre tract and the east line of said Behrens Tract 4, N 19°00'00" W, a distance of 980.11 feet; to the POINT OF BEGINNING, containing 157.652 acres of land within these metes and bounds. Reference is herein made to the Boundary Survey of this 157.652 Acres of Land accompanying this description. Bearing Basis: West line of that certain tract of land described in deed to the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust, of record in Volume 2338, Page 226, Official Records of Williamson County, Texas (N19 °00'W). I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. J R. Bred ' : esyon61 Land Surveyor No. 4437 Date: October, 1999 Survey Date: October , 1999 CAI- 920 -0158 . Page 2 of 2 EXHIBIT A EXHIBIT B 1. 100' transmission line easement evidenced by document dated May 21, 1945, from L. D. Lange to the Lower Colorado River Authority, recorded in Volume 338, Page 615 of the Deed Records of Williamson County, Texas. 2. Easement evidenced by document dated March 24, 1951 to Texas Power & Light Company, recorded in Volume 370, Page 241 of the Deed Records of Williamson County, Texas. 3. The fence being located within east property line and outside the north, west and most easterly north line of the Property as shown on the survey plat prepared for the Property dated October 25, 1999 by Gregory Schmidt, Registered Professional Land Surveyor No. 4437. 4. The rights of Brushy Creek Water Control and Improvement District No 1 to levy taxes and issue bonds. Date: Annexation Area: Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBIT B PROVISION OF SERVICES PLAN December 2, 1999 141.35 acres (Hidden Glen: Rasmussen Tract) The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. FILET AND RECORDED OFFICIAL PUBLIC RECORDS 12 -20 -1999 02:32 FM 199984504 MILLER $49.00 NANCY E. RISTER .COUNTY CLERK WILLIAMSON COUNTY. TEXAS dci CA, Ai vim, s-o D CITY OF ROUND ROCK N ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK. TEXAS 78864 WHEREAS, the City is a duly constituted Home Rule City pursuant to Chapter 9, Local Government Code, as amended, and WHEREAS,pursuant to Section 43.028, Local Government Code, the owners of a tract of land containing 141.135 acres of land out of the David Curry Survey, Abstract No. 130, in Williamson County (the "Property "), more fully described in Exhibit "A ", have petitioned the City Council in writing to annex the Property, and WHEREAS, the Property is (1) one -half mile or less in width; (2) contiguous to the City; and (3) vacant and without residents, and WHEREAS, the petition was filed more than five (5) days and less than thirty (30) days before the City Council heard the petition and the arguments for and against the annexation, and AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 141.135 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT 130, 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. K:\WPDOCS \OADIW.NC \09120905. WPD /,C ORDINANCE NO. fl - - a - O ? " /,265 WHEREAS, the City Council has determined that all requirements of Section 43.028, Local Government Code have been complied with and hereby consider it appropriate to grant the petition for annexation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. II. That the City Council has heard the arguments for and against the annexation and has determined to grant the petition for annexation. III. That the property described in Exhibit "A" attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of Round Rock, Williamson County, Texas, and same is hereby made an integral part hereof. IV. That the owners and future inhabitants of the area herein annexed be entitled to all of the rights and privileges of other 2 citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Round Rock, Texas. VI. That the Service Plan providing for extension of municipal services to the area proposed to be annexed, attached hereto and incorporated herein as Exhibit "B ", is hereby approved. VII. That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. VIII. That this Ordinance shall become effective after its passage. IV. That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Williamson County, Texas. 3 X. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. XI. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which 4 this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 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 , 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of , 1999. ATTEST: LAND, City Secretary City of Round Rock, Texas 5 IMIIIIIIILIMAIIIIIMI WM Lit. r UMW in 1i NOUSE ELECTRIC CORPORATION To OETOMI RAILROAD COMPANY 660/630, D.R.W.C. TRACT 16, 615.66 AC. tADO RITT µ9115510N D.R.W.0 / 1 / 1 / 1 1 1 / 1 / 1 1 1 / CI 65d NAIL IN ROOT OF 16 UYEOAK AT VENCE COINER U 3/8' 166 BEARS µ51'30'E 1.29' DIRE 0. BEHRENS TO ROBERT H. u BEHRENS. WWAM A. BEHRENS, AND ,. LEON R B0BeENS 1/4 INTEREST ROL 1963 PC. 419 TRACT 2 P.O.B. 16.517 AC. / / ROBERT H. BEHRENS it LEON R BEHRENS WILLIAM A. BEHRENS SAYE ANO EXCEPT ALL THEIR INTEREST 24 1I 1RACT 2039/.34. TRAC1S 6, PARTITION 1& 16 3:, 1 16.517 AC. / / m 20 - Ll / N er-_ � �s // SURYFIE0 BY: LEGEND • r IRON R00 FOUNO UNLESS NOTED o 14 IRON ROD SET µ11N CAP • NAIL FOUND- TYPE AS NOTE /(2. 0.1.14. } ma CuRVE SABLE 1 338.87* I � Y W I ur336'o3 CUNNINGHAM-ALLEN. INC. 3103 BEE CAVE ROAD, SUITE 202 AUSTIN. TEXAS 78746 PHONE (512) 327 -2945 FAX (512) 327 -2973 PETITION FOR ANNEXATION INTO THE CITY OF ROUND ROCK, TEXAS TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS. The undersigned owners of the hereinafter described tract of land, which is vacant and without residents hereby petition your Honorable Body to extend the present city limits so as to include as part of the City of Round Rock, Texas, the following described territory, to wit: We hereby certify, under oath, that: SEE EXHIBIT "A" 1. WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit `B" a true and current copy of the Warranty Deed whereby we acquired said property, and 2. the above described tract of land is contiguous and adjacent to the current City Limits of the City of Round Rock, Texas. By KLIP In Tstme ts, LP By KLIP: ., ent Corp., It's General Partner Barry Kendrick, President SUBSCRIBED AND SWORN TO BEFORE ME, a notary public by Barry Kendrick, President of KLIP Management Corp. General Partner for KLIP Investments, LP., this / RA day of November, 1999 AD. ca t-&-4-4, Notary Public in and for the State of Texas. 1374ennx2 FIELD NOTES FOR 141.135 ACRES BEING 157.652 Acres described in Exhibit "A ", attached hereto; SAVE AND EXCEPT 16.517 Acres described in Exhibit "B" attached hereto. EXHIBIT "A° 157.652 ACRE TRACT DESCRIPTION FIELD NOTES FOR 157.652 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING THE REMAINING PORTION, WEST OF THE GEORGETOWN RAILROAD RIGHT OF WAY, OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 396.2 ACRES IN A DEED TO LEROY L. LANGE AND WIFE, RUTH S. LANGE AND HAROLD M. RASMUSSEN AND WIFE, ARLINE L. RASMUSSEN, FILED FOR RECORD FEBRUARY 26, 1969, IN VOLUME 515, PAGE 197, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 157.652 ACRES ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS OF THE NORTH ONE -HALF (1/2) OF A 396.2 ACRE TRACT DESCRIBED IN A DEED TO THE HAROLD M. AND ARLINE L. RASMUSSEN 1986 REVOCABLE FAMILY TRUST, HAROLD M. RASMUSSEN, TRUSTEE, FILED FOR RECORD JULY 19, 1993, IN VOLUME 2338, PAGE 226, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 157.652 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Yz inch iron rod found at the base of a fence corner post for the northwest corner of the herein described tract and of said 396.2 acre tract, being in the south line of that certain Tract 1A, described in a deed to Georgetown Railroad Company, of record in Volume 880, Page 630, Deed Records of Williamson County, Texas, same being the northeast corner of a remaining portion of that certain Tract No. 4, described in a deed to Robert H. Behrens, William A. Behrens and Leon R. Behrens, of record in Volume 1963, Page 449, Official Records of Williamson County, Texas, and of that certain Tract II, described as 290.00 acres in a deed to Robert H. Behrens, Trustee for the Kimberlee Dawn Behrens Trust, of record in Volume 2107, Page 134, Official Records of Williamson County, Texas, same being in the approximate south line of Ephraim Evans Survey, Abstract No. 212 and north line of said David Curry Survey; THENCE, with the north line of the herein described tract, of said 396.2 acre tract and of the David Curry Survey, and the south line of the said Georgetown Railroad Company tract and of said Ephraim Evans Survey, N 70 °45'21" E, a distance of 3326.83 feet to a 60d nail found in a root of an 18 inch Live Oak tree at a fence comer for the most northerly northeast corner the herein described tract and of said 396.2 acre tract, and the northwest comer of that certain Tract IV, described in a deed to William A. Behrens of record in Volume 2059, Page 834, Official Records of Williamson County, Texas, from which a 3/8 inch iron rod found bears N 51°30' E, a distance of 1.29 feet; THENCE, with an east line of the herein described tract and of said 396.2 acre tract, S 19 °15'35" E, a distance of 1424.11 feet to a Yz inch iron rod set for an interior ell comer of the herein described tract, from which an 20 inch Live Oak tree bears N 31° E, a distance of 40.3 feet; THENCE, with a north line of the herein described tract and of said 396.2 acre tract, N 70 °29'03" E, a distance of 371.95 feet; to a 'A inch iron rod set for the most easterly northeast corner of the herein described tract in the west line of a Georgetown Railroad Right of Way; CAI- 920 -0158 Page 1 of 2 rammed notembr THENCE, over and across said 396.2 acre tract with the east line of the herein described tract and the west line of said Georgetown Railroad Right of Way, the following five (5) courses: 1) S 00 °3928" W 101.09 feet to a %" iron rod set 2) N 70 °29'03" E 10.65 feet to a '/z iron rod set; 3) S 00 °39'28" W 980.00 feet to a' /z' iron rod set; 4) S 70 °29'03" W 5.33 feet to a W iron rod set; 5) S 00 °39'28" W 539.33 feet to a '/2' iron rod with found for the southeast corner of the herein described tract and the northeast corner of that certain tract of land described as the south one -half of said 396.2 acre tract, (157.836 acres) in a deed to 3406, Ltd., of record in Volume 2607, Page 505, Official Records of Williamson County, Texas, from which a 1/2 inch iron rod found for the southeast comer of said 3406 Ltd. tract and of said 396.2 acre tract bears S 00 °38'52" W 1350.05 feet; THENCE, with the south line of the herein described tract and the north line of said 3406, Ltd., tract over and across said 396.2 acre tract, N 77 °20'03" W, a distance of 3719.09 feet; to a ''/ inch iron rod found for the southwest comer of the herein described tract and the northwest corner of said 157.836 acre 3406 Ltd. Tract, same being in the west line of said 396.2 acre tract and the east line of said Behrens Tract 4, and said 290.00 acre tract THENCE, with the west line of the herein described tract and of said 396.2 acre tract and the east line of said Behrens Tract 4, N 19 °00'00" W, a distance of 980.11 feet; to the POINT OF BEGINNING, containing 157.652 acres of land within these metes and bounds. Reference is herein made to the Boundary Survey of this 157.652 Acres of Land accompanying this description. Bearing Basis: West line of that certain tract of land described in deed to the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust, of record in Volume 2338, Page 226, Official Records of Williamson County, Texas (N19 °00'W). I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM - ALLEN, INC. hmi R: •' ed Profess . al Land Surveyor No. 44 7 D. e: October, 1999 Survey Date: October , 1999 CAI- 920 -0158 Page 2 of 2 SAVE AN EXCEPT THE FOLLOWING DESCRIBED TRACT: EXHIBIT "B" 16.517 ACRE TRACT DESCRIPTION FIELD NOTES FOR 16.517 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF THE REMAINING PORTION, WEST OF THE GEORGETOWN RAILROAD RIGHT OF WAY, OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 396.2 ACRES IN A DEED TO LEROY L. LANGE AND WIFE, RUTH S. LANGE AND HAROLD M. RASMUSSEN AND WIFE, ARLINE L. RASMUSSEN, FILED FOR RECORD FEBRUARY 26, 1969, IN VOLUME 515, PAGE 197, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 16.517 ACRES ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS OF THE NORTH ONE - HALF (1/2) OF A 396.2 ACRE TRACT DESCRIBED IN A DEED TO THE HAROLD M. AND ARLINE L. RASMUSSEN 1986 REVOCABLE FAMILY TRUST, HAROLD M. RASMUSSEN, TRUSTEE, FILED FOR RECORD JULY 19, 1993, IN VOLUME 2338, PAGE 226, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 16.517 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'% inch iron rod set in an east line of said 396.2 are tract, in the west line of that certain Tract IV, described in a deed to William A. Behrens, of record in Volume 2059, Page 834, Official Records of Williamson County, Texas, fiwu which point a 60d nail found in a root of an 18 inch Live Oak tree at a fence comer for the most northerly northeast comer of the said 396.2 acre tract, being in the south line of that certain Tract IA, described in a deed to Georgetown Railroad Company, of record in Volume 880, Page 630, Deed Records of Williamson County, Texas, same being in the approximate south line of Ephraim Evans Survey, Abstract No. 212 and north line of said David Curry Survey, bears N 19 °15'35" W a distance of 647.46 feet; THENCE, with an east line of the herein described tract and of said 396.2 acre tract, S 19 °15'35" E, a distance of 776.65 feet to a '/z inch iron rod set for an interior ell corner said 396.2 acre tract and of the herein described tract, from which an 20 inch Live Oak tree bears N 31° E, a distance of 40.3 feet; THENCE, with a north line of the herein described tract and of said 396.2 acre tract, N 70 °29'03" E, a distance of 371.95 feet to a '/z inch iron rod set for the most easterly northeast comer of the herein described tract, in the west line of a Georgetown Railroad Right of Way; THENCE, over and across said 396.2 acre tract with the east line of the herein described tract and the west line of said Georgetown Railroad Right of Way, the following three (3) courses: 1) S 00 °39'28" W 101.09 feet to a %2" iron rod set; 2) N 70 °29'03" E 10.65 feet to a'' /:" iron rod set; and 3) S 00 °39'28" W 251.65 feet to a V2" iron rod set for the southeast comer of the herein described tract, from which a %:" iron rod set in the east line of said Georgetown Railroad Right of Way bears S 00 °39'28" W 718.75 feet; CAI- 920 -0158 Page 1 of 2 PakNUIaLx THENCE, continuing across said 396.2 acre tract, with the south line of the herein described tract, the following two (2) courses: 1) N 89 °57'09" W a distance of 354.95 feet to a 'A" iron rod set; and 2) S 81 °53'1 W a distance of 714.61 feet to a '/2" iron rod set at the southwest corner of the herein described tract, in the east line of a 100' wide Electric Transmission Easement described in deed to the Lower Colorado River Authority, of record in Volume 338, Page 615, Deed Records of Williamson, County, Texas; THENCE, continuing across said 396.2 acre tract, with the west line of the herein described tract and the east line of said Electric Transmission Easement, N 02 °50'58" W, a distance of 929.76 feet to a'A" iron rod set at the northwest corner of the herein described tract; THENCE, continuing across said 396.2 acre tract, with the north line of the herein described tract, the following two (2) courses: 1) with a curve to the right having a radius of 2005.00 feet, an arc length of 335.97 feet, and a chord bearing and distance of N 73 °38'47" E 335.57 feet to a' 'A" iron rod set at the point of tangency of said curve; and 2) N 78 °26'48" E a distance of 177.47 feet to the POINT OF BEGINNING, containing 16.517 acres of land within these metes and bounds. Reference is herein made to the Sketch of this 16.517 Acres of Land accompanying this description. Bearing Basis: West line of that certain tract of land described in deed to the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust, of record in Volume 2338, Page 226, Official Records of Williamson County, Texas (N19 °001V). I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. „Zof ‘, Q �- Rl:� red ro - ronal Land Surveyor No. 4437 Date: October, 1999 Survey Date: October , 1999 CAI- 920 -0158 Page 2 of 2 PekNUeda WARRANTY DEED WITH VENDOR'S LIEN Date: Executed /WV • (V I "' , 1999, to be effective however, as of November 18, 1999 Grantor: -Harold M. Rasmussen, Trustee of the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust Grantor's Mailing Address: 3147 Latham Lane El Dorado Hills, El Dorado County, CA 95762 -4317 Grantee: KLIP Investments, L.P., a Texas limited partnership Grantee's Mailing Address: 9099 Research Blvd. Austin, Travis County, Texas 78727 Consideration: The sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the further consideration of the execution and delivery by Grantee of a certain promissory note (the "Note") of even date, in the original principal sum as set forth therein, and made payable to the order of Grantor Property: That certain 157.652 acre tract or parcel of land out of the David Curry Survey, Abstract No. 130, in Williamson County, Texas, as more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, together with any and all improvements thereon and all rights, privileges and appurtenances pertaining thereto, including but not limited to: (i) water rights; (ii) claims and permits; (iii) easements; and (iv) all rights and obligations of applicable government programs and cooperative or association memberships. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: Those certain exceptions to title set forth on Exhibit B, attached hereto and made a part hereof for all purposes, to the extent and only to the extent such matters are valid and subsisting and affect the Property as of the date hereof. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The vendor's lien against and superior title to the Property are retained by Grantor until the Note described above is fully paid according to its terms, at which time this Deed will become absolute. When the context requires, singular nouns and pronouns include the plural. EXECUTED this /5 M day of /h „ r, �¢ , 1999, to be effective however, as of November 18, 1999. GRANTOR. BY' ita -w/.�� 4 2,0,-1 H. ol. M. Rasmusse , Trustee of the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust GRANTEE: KLIP Investments, L.P., a Texas limited partnership By: KLIP Man . _e" , Corp., a Texas corporation By: •I Name: aa,. -% p R tG.K Title: Qaxs.rwr STATE OF CALIFORNIA - § COUNTY OF SI - kia4.449 s instrument was acknowledged before me on this /31.%k. day of 0-1A4.41/1999 1999 by Harold M. Rasmussen as Trustee of the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust. [SEAL] My Commission Expires: /— (1 Notary Pub '' in and for t. a State of California WYul le Printed Nanie of tary WYMLLE ,woa Commission # 1147025 Notary Public - Coltamia 0 Dorado County My Comm. Expires Jul 17, X01 ��S L.P u. STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this / 0 T7I day of Akia, 1/Yp , 1999 by Aq■Q & f AX i'ex_ as e,5i/)t u of KLIP Management Corp., a Texas corporation, on behalf of said corporation, as general • �' ents, L.P., a Texas limited partnership, on behalf of said partnership. DEBRA SUE BOHAN MY COMMISSION EXPIRES June 14, 2003 [SEAL] • My Commission Expires: 6ui1eg,4603 Notary Public in an d for the State of Texas ebra SN &hay( Printed Name of Notary EXHIBIT "A" CAI- 920 -0158 DESCRIPTION Page 1 of 2 EXHIBIT A 157.652 ACRE TRACT FIELD NOTES FOR 157.652 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING THE REMAINING PORTION, WEST OF THE GEORGETOWN RAILROAD RIGHT OF WAY, OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 396.2 ACRES IN A DEED TO LEROY L. LANGE AND WIFE, RUTH S. LANGE AND HAROLD M. RASMUSSEN AND WIFE, ARLINE L. RASMUSSEN; FILED FOR RECORD FEBRUARY 26, 1969, IN VOLUME 515, PAGE 197, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 157.652 ACRES ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED AS OF THE NORTH ONE -HALF (1t2) OF A 396.2 ACRE TRACT DESCRIBED IN A DEED TO THE HAROLD M. AND ARLINE L. RASMUSSEN 1986 REVOCABLE FAMILY TRUST, HAROLD M. RASMUSSEN, TRUSTEE, FILED FOR RECORD JULY 19, 1993, IN VOLUME 2338, PAGE 226, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 157.652 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'A inch iron rod found at the base of a fence corner post for the northwest comer of the herein described tract and of said 396.2 acre tract, being in the south line of that certain Tract IA, described in a deed to Georgetown Railroad Company, of record in Volume 880, Page 630, Deed Records of Williamson County, Texas, same being the northeast corner of a remaining portion of that certain Tract No. 4, described in a deed to Robert H. Behrens, William A. Behrens and Leon R. Behrens, of record in Volume 1963, Page 449, Official Records of Williamson County, Texas, and of that certain Tract II, described as 290.00 acres in a deed to Robert IL Behrens, Trustee for the Kimberlee Dawn. Behrens Trust, of record in Volume 2107, Page 134, Official Records of Williamson County, Texas, same being in the . approximate south line of Ephraim Evans Survey, Abstract No. 212 and north line of said David Curry Survey; THENCE, with the north line of the herein described tract, of said 396.2 acre tract and of the David Curry Survey, and the south line of the said Georgetown Railroad Company tract and of said Ephraim Evans Survey, N 70 °45'21" E, a distance of 3326.83 feet to a 60d nail found in a root of an 18 inch Live Oak tree at a fence corner for the most northerly northeast corner the herein described tract and of said 396.2 acre tract, and the northwest corner of that certain Tract P/, described in a deed to William A. Behrens of record in Volume 2059, Page 834, Official Records of Williamson County, Texas, from which a 3/8 inch iron rod found bears N 51°30' E, a distance of 1.29 feet; THENCE, with an east line of the herein described tract and of said 396.2 acre tract, S 19 °15'35" E, a distance of 1424.11 feet to a'A inch iron rod set for an interior ell corner of the herein described tract, from which an 20 inch Live Oak tree bears N 31° E, a distance of 40.3 feet; THENCE, with a north line of the herein described tract and of said 396.2 acre tract, N 70 °29'03" E, a distance of 371.95 feet; to a 'A inch iron rod set for the most easterley northeast corner of the herein described tract in the west line of a Georgetown Railroad Right of Way; THENCE, over and across said 396.2 acre tract with the east line of the herein described tract and the west line of said Georgetown Railrod Right of Way over and across said 396.2 acre tract, the following five (5) courses: - 1) S 00 °3978" W 101.09 feet to a Y" iron rod set; 2) : N 70 °29'03" E 10.65 feet to a %_" iron rod set; 3) S 00 °3928" W 980.00 feet to a %x" iron rod set; 4) S 70 °29'03" W 5.33 feet to a 'A" iron rod set; 5) S 00 °3928" W 539.33 feet to a W' iron rod with found for the southeast corner of the herein described tract and the northeast corner of of that certain tract of land described as the south one -half of said 396.2 acre tract, (157.836 acres) in a deed to 3406, Ltd., of record in Volume 2607, Page 505, Official Records of Williamson County, Texas, from which a'h inch iron rod found for the southeast corner of said 3406 Ltd. tract and of said 396.2 acre tract bears S 00 °38'52" W 1350.05 feet; THENCE, with the south line of the herein described tract and the north line of said 3406, Ltd., tract over and across said 396.2 acre tract, N 77°20'03" W, a distance of 3719.09 feet; to a % inch iron rod found for the southwest corner of the herein described tract and the northwest comer of said 157.836 acre 3406 Ltd. Tract, same being in the west line of said 396.2 acre tract and the east line of said Behrens Tract 4, and said 290.00 acre tract THENCE, with the west line of the herein described tract and of said 396.2 acre tract and the east line of said Behrens Tract 4, N 19°00'00" W, a distance of 980.11 feet; to the POINT OF BEGINNING, containing 157.652 acres of land within these metes and bounds. Reference is herein made to the Boundary Survey of this 157.652 Acres of Land accompanying this description. Bearing Basis: West line of that certain tract of land described in deed to the Harold M. and Arline L. Rasmussen 1986 Revocable Family Trust, of record in Volume 2338, Page 226, Official Records of Williamson County, Texas (N19 °00'W). G I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- ALLEN, INC. cry R ered 'des . - . Land Surveyor No. 4437 Date: October, 1999 Survey Date: October , 1999 CAI- 920 -0158 . Page 2 of 2 EXHIBIT A EXHIBIT B 1. 100' transmission line easement evidenced by document dated May 21, 1945, from L. D. Lange to the Lower Colorado River Authority, recorded in Volume 338, Page 615 of the Deed Records of Williamson County, Texas. 2. Easement evidenced by document dated March 24, 1951 to Texas Power & Light Company, recorded in Volume 370, Page 241 of the Deed Records of Williamson County, Texas. 3. The fence being located within east property line and outside the north, west and most easterly north line of the Property as shown on the survey plat prepared for the Property dated October 25, 1999 by Gregory Schmidt, Registered Professional Land Surveyor No. 4437. 4. The rights of Brushy Creek Water Control and Improvement District No 1 to levy taxes and issue bonds. Date: Annexation Area: 14135 acres (Hidden Glen: Rasmussen Tract) Provision of Service: 1. WATER SERVICE 2. WASTEWATER SERVICE 3. FIRE PROTECTION 4. POLICE PROTECTION 5. MAINTENANCE OF EXISTING PUBLIC FACILITIES 6. CAPITAL IMPROVEMENTS REQUIRED EXHIBIT B PROVISION OF SERVICES PLAN December 2,1999 The City of Round Rock, Texas will provide the annexation area with municipal services in compliance with the Texas Local Government Code and in accordance with the following schedule: Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided in accordance with the City of Round Rock Subdivision Ordinance platting requirements. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. Provided immediately upon annexation. No additional staff required to serve existing development. There are none. None are required. Date: December 3, 1999 Subject: City Council Meeting - December 9, 1999 Item: 12.B.5. Consider an ordinance annexing 141.135 acres, more or less, out of David Curry Survey, A -130. (Hidden Glen: Rasmussen Tract) (First Reading) This annexation procedure is authorized under Section 43.028 of the Texas Local Government Code. A petition for voluntary annexation has been submitted. Applicant: Harold Rasmussen. Agent: Ulmann Engineering. Staff Resource Person: Joe Vining, Planning Director. Hidden Glen 1 Rasmussen Trac Annexation 141.135 Acres