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R-81-415 - 10/8/1981THE STATE OF TEXAS 5 § COUNTY OF WILLIAMSON § DEED FOR COMMUNITY PARK V11 8 f IPAGE 369 1 '"f? KNOW ALL MEN BY THESE PRESENTS: THAT McNeilab, Inc., formerly known as McNeil Labora- tories, Inc., a corporation organized under the laws of the State of Pennsylvania, for and in consideration of it appre- ciation of the citizens of the City of Round Rock, Texas, has granted and conveyed, and by these presents does grant and convey unto the City of Round Rock, Texas, with the restric- tions and upon the convenants set forth below, all of the following described real property in Williamson County, Texas, for the use and benefit of the City of Round Rock and its citizens and for the purpose of providing a community park and recreation area, all of the following described parcel of land in Williamson County, Texas, to -wit: FIELD NOTES describing a 2.35 acre tract or parcel of land out of the Ephriam Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a portion of the remainder of that certain 38.58 acre tract conveyed to McNEILAB, INC., formerly McNeil Laboratories, Incorporated, by deed recorded in Volume 657, Page 655 of the Deed Records of William- son County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found under a fence at the Southeast corner of that certain 14.064 acre tract known as the Henry S. McNeil Community Park, conveyed to the City of Round Rock, Texas, by deed recorded in Volume 778, Page 330 of said Deed Records; thence along said fence line, being the South line of said 38.58 acre tract, N70 ° 26'E, 143.22 feet to a point under said fence for the Southwest corner and POINT OF BEGINNING of the hereinafter described 2.35 acre tract; THENCE departing said fence along the West line hereof, N25 °00'W, 461.64 feet to a point for the Northwest corner hereof; THENCE along the North line hereof, N65 °00'E, 238.36 feet to a point for the Northeast corner hereof; THENCE, along the East line hereof, the following three (3) courses: 1) 525 °00'E, 349.17 feet to a point in the center- line of a creek, for an angle point hereof; 2) along said creek centerline, 547 ° 43'W, 60.60 feet to an angle point hereof; 3) along said creek centerline, 503 °40'W, 121.14 feet to a point under a fence in the South line of said 38.58 acre tract, for the Southeast corner hereof; •t- VOL U I iPAGE 370 0 THENCE along the South line of said 38.58 acre tract, as fenced, for a South line hereof, the following two (2) courses: 1) S70 °42'W, 40.00 feet to a fence corner post, for an angle point hereof; 2) S70 °26'W, 82.96 feet to the POINT OF BEGINNING of the herein described tract, containing 2.35 acre of land more or less. To HAVE AND TO HOLD the above described premises, unto said City of Round Rock, its successors and assigns, so long as a community park and recreation area is maintained upon the property in accordance with the restrictions and covenants below. This conveyance is made and accepted upon the following restrictions and convenants, herein made by said City of Round Rock: 1. The community park and recreation area shall be an addition to The Henry S. McNeil Community Park." 2. The property shall be occupied and used solely for and as a community park and recreation area, and shall at all times be maintained and operated by the City of Round Rock, its successors or assigns, in an attractive, safe, well - maintained condition, including all repairs and replacements necessary with respect to the improvements presently situated on the property (including the fence along the north boundary thereof) and all future improvements and appropriate security and police supervision and patrols during all times (including evening and night hours, holidays and weekends). 3. No mass gatherings, no loud noises (such as a "rock festival "), no glaring, flashing or bright lights, and no noxious or offensive activity shall be carried on or allowed on the property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the land owned by Grantor adjoining the above described property (such land being de- scribed fully in deeds recorded in Volume 657, Page 659, Volume 657, Page 655, of the Deed Records of Williamson County, Texas and referred to herein as the "Adjoining Land "). VOL 871 i dGE 371 4. No structures of a height greater than twenty -five (25) feet, except sports field light poles, or with ground floor area greater than eight hundred (800) square feet, shall be constructed or maintained on the property without prior approval of Grantor, its successors or assigns. 5. If the use of the above described property as a community park and recreation area shall cease for a period of ninety (90) consecutive days, or if any of the other restric- tions and convenants shall be violated and such violation continues following thirty (30) days written notice thereof to the City of Round Rock, then and in any such event this convey- ance shall be null and void and the above described property shall wholly and absolutely revert without any necessity for suit or reentry to the Grantor herein, its successors or assigns; and no act or omission on the part of any of them shall be a waiver of the operation or enforcement of such condition. Such restrictions and covenants shall be binding upon and observed by the City of Round Rock, its successors and assigns, and shall run in favor of the Adjoining Land, and shall be enforceable only by Grantor, but not by its successors as owners of the Adjoining Land or any portion thereof unless Grantor shall in the conveyance of any portion of the Adjoining Land, expressly assign to the Grantee therein the right to enforce the provisions hereof. 6. Notwithstanding the foregoing, it is further agreed that the restrictions and covenants set forth herein may be waived or terminated; that any such waiver or termination may be of any kind or character whatsoever, including but not limited to a waiver or termination with respect to any portion of the above described property, any specified present or future owner of any portion of such property, or any specified use of any portion of such property, and may be limited or unlimited in time and may be subject to conditions therein expressed; and that any such waiver or termination shall not VOL C1 / ∎GE 3 f 2 affect or impair the effectiveness of these restrictions and covenants beyond the specific terms of such waiver or termination. Any such termination or waiver may be effected only by written instrument, executed and acknowledged by all persons who, at the date thereof, shall have the right to enforce such restrictions under the terms of paragraph 5 hereof, such instrument being recorded in the Deed Records of Williamson County, Texas. This conveyance is made and accepted subject to all restrictions, covenants, conditions, easements and encumbrances (if any) presently existing with respect to the above described property and either of record in Williamson County, Texas, or apparent on the property. 1981. NO SEAL ATTEST: BY: Secretary EXECUTED to be effective this 17th day of December THE STATE OF TEXAS COUNTY OF WILLIAMSON McNEILAB, INC. Its Vice- President Before me, the undersigned authority, on this day personally appeared Joseph R. Chiesa of McNeilab, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the day of December , 1981. Notary Pu 1 ic in and for Williamson County, Texas lG�(LQirvc.f -R- .e.- a/4 e. .1e-4d- 7(6 6 L{ 17th STATE OF TEXAS panty of Williamson } I, Jaynes N. Boydston, Clerk of the County Court of said County, do hereby cer- iat the foregoing instrument in writing, , with its certificate of authentication, was filed for record in my office on 30th day of Mar. A D 19 92 , at' 1: 30 o'clock P M., and duly recorded this 31st day of Mar. A.D. 19 82:., a t 8 :50 '' o'clock A M. in the Deed • Records of said County, in Vol. 871 pp 369 WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. eputy VOL 8 l GE 373 JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas YOL 871 AGE 373 County of Williamson } I, James N. Boydston, Clerk, of the County Court of said County, do hereby cer- tify that the foregoing instrument in writing, a ith is certificate of authentication, was filed for record in my office on the 30th day of Mar. A.D. 19 32 , at 1:31 o'clock I' M. and duly recorded this the 31St d o f M ar• A D 19 32 at 8:50 o'clock A M., in the Deed Records of said County, in Vol. 3 71 pp 369 WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. THE STATE OF TEXAS puty JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas as 1621 FILED FOR RECORD ati: a a o'clock , ...M. 61AR 3 0 1982 S� JAMES N. BOYD TON urtty COO Wilti. Co., Tex. 11. +.. l /e44,-e f4„ , RICHARD A. WELLS ATTORNEY AT LAW SUITE 208, FARMERS STATE BANK BUILDING 1111 NORTH I.H. 35 ROUND ROCK. TEXAS 78681 151212588877 TEXAS ATTEST: J Ai IL to NNE LAND, C ty Secretary RESOLUTION NO. 7 0 5,tP WHEREAS, the City Council recognizes the need for ade- quate park and open space for the citizens of Round Rock, and WHEREAS, McNeilab, Inc. has previously donated a 14.064 acre tract now known as Henry S. McNeil Community Park, and WHEREAS, McNeilab, Inc. has offered to donate an addi- tional 2.35 acres of land to provide additional recreational facilities adjacent to said Community Park, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the City Council of Round Rock wishes to express its appreciation to McNeilab, Inc. for its continued interest in the welfare of the community and the Council gratefully accepts the generous donation by McNeilab, Inc. of valuable parkland. RESOLVED this 8th day of October, 1981. 4 ' md) `W L erY L. Te M: or City of Round Rock, Texas THE CITY OF ROUND ROCK 214 E. Main St. • AC 512.255 -3612 • Round Rock, Texas 78664 LARRY L. TONN Mayor MIKE ROBINSON Mayor Pro-lern COUNCIL MEMBERS MIKE HEILIGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L. LEE BOB BENNETT City Manager STEPHAN L. SHEETS City Allorney RANDY E. DREWETT Municipal Judge Mr. Clarence Hill McNeil Consumer Products Round Rock, Texas 78664 Dear Mr. Hill: On behalf of the City of Round Rock it is my pleasure to accept McNeilab, Inc.'s generous con- tribution of 2.35 acres of land which will provide additional recreational facilities adjacent to the present Henry S. McNeil Community Park. I would like to also add, at this time, that the City of Round Rock is buying an additional 2 acres of land for park expansion purposes at $7,000 an acre totalling $14,000. Your generousity is appreciated by all the citizens of this thank be enjoyed by generations you. Cordially,- CITY,Q ODND 9C TEXAS RLBj:j1 Attachment December 30, 1981 Robert Benne , r 1, AICP City Manager STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, JOANNE LAND, 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 � T/f day of ,� pp e_JL) 0 4!,14(4 1 V_ �i /iA'_4& JJ NNE LAND, City . ecretary C ty of Round Rock 19/1 which is recorded in the minutes of the City of Round Rock in book /1 Page /4 • WITNESSED by my hand and seal of the City of Round Rock, Texas on this Oa" day of ep��Q� 19 1/ STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK / / I, JOANNE LAND, 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 O Rock, Texas, at a meeting held on the d -- day of /9�,�:fLl/�'�U , 19f/ which is recorded in the minutes of the City of Round Rock in book page / Li(, • WITNESSED by my hand and seal of the City of Round Rock, Texas on this L2.50 L2.50 day of LeCE e- , 19 c'/ 411 01 /LL/L= % / Ci y NE LAND, City ec etary of Round Rock RESOLUTION NO. 4/5 WHEREAS, the City Council recognizes the need for ade- quate park and open space for the citizens of Round Rock, and WHEREAS, McNeilab, Inc. has previously donated a 14.064 acre tract now known as Henry S. McNeil Community Park, and WHEREAS, McNeilab, Inc. has offered to donate an addi- tional 2.35 acres of land to provide additional recreational facilities adjacent to said Community Park, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the City Council of Round Rock its appreciation to McNeilab, Inc. for its in the welfare of the community accepts the generous donation by parkland. RESOLVED this 8th day of October, 1981. and the Council gratefully McNeilab,' Inc. of valuable /W- L Sir Y L. Tv , M ! or wishes to express continued interest City of Round Rock, Texas