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R-91-1679 - 12/12/1991THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas, do' hereby certify that the above and foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the /� - day of a , 19 . CERTIFIED by hand and seal of the City of Round Rock, Texas on this day of , 19 9a 2973 VO L21O©Pa6E35: 41 41/. it■i_ OFFICIAL RECORDS IILLIAMSON COMM. TEXAS NE LAND istant City Manager/ City Secretary VOL 2100PAGE 354 WHEREAS, Tommy E. Moore, Jr. and wife Tiny Ruth Moore ( "Owners ") are the owners of certain property ( "Property ") described in Exhibit "A ", and i WHEREAS, the Property is located within the corporate limits of the City, and WHEREAS, Owners wish to have their Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to enter into a Disannexation and Restrictive Covenant Agreement ( "Disannexation Agreement ") to restrict the Property so that its use and development shall be subject ordinances described in the Disannexation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Disannexation Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. RESOLVED this 12th day of December, 1991. ATTEST: RS12121A NE LAND, Secretary RESOLUTION NO. /679/e, to and in accordance with certain .74d MIKE ROBINSON, Mayor City of Round Rock, Texas This Agreement is made this /7 day of December, 1991, by and between Tommy E. Moore, Jr. and wife gIinaszth Moore, hereinafter referred to as "Owners," and the City of Round Rock, hereinafter referred to as City." WHEREAS, Owners own the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owners hereby warrant that they own the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owners wish to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of all of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owners agree and covenant that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. GCDARCA Disannexation And Restrictive Covenant Agreement VOL 2100mE355 VOL 2100P„GE 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owners shall pay any and all fees and charges required by said provisions. The covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owners, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is recorded. Executed by the undersigned on the dates opposite their signatures. Date: /2-- (( I Date: /4 - // // STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the / /A day of December, 1991 by Thomas E. Moore, Jr. :\ ELAINE FOXWORTH 1 Notary Public, State of Texas . f My Commission Expires tf JUNE 15, 1995 2. Thom s E. Mo 6 4 - Tiny = 1 uth Moore City of Ro nd� Texas Bv: 2K / l J § § § Mike Robinson, Mayor Notary Public, State of Texas Printed Name: 1giNE IoowozT' My Commission Expires: 6p5/95 '1 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the // day of December, 1991 by TlayEEnth Moore. ELAINE FOXWORTH Notary Public, State of Texas My Commission Expires JUNE 15, 1995 STATE OF TEXAS COUNTY OF WILLIAMSON 1 r • CHRISTINE R, MARTINEZ • Notary Public, State of Texas j My Commisy,an Expires JUNE 22, 1993 • 3. § § VOL 2100PAGE357 Notary Public, State of Texas Printed Name: E,LAiAio Ywa,2 - // My Commission Expires: 4,p5/9_•• § 6 § 2A This instrument was acknowledged before me on the Q 3 — day of December, 1991 by Mike Robinson, Mayor of the City of Round Rock, Texas, a Texas municipal corporation, •n behalf of s 4d c Notary Public, State of Texas Printed Name: CFC5TIAJ6 if. /714€77A162-, My Commission Expires: 10 - aa -43 • r ' VOL2100PAbE358 EXHIBIT "A" BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77' 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77' 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76' 16' E, 2.25 feet to an iron stake; THENCE S 12' 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, S 30' 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60' 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. •STATE OF TEXAS COUNTY OFWILLIAMSON I hereby certify that this 'instrument was FILED rs /�i on the date and at the time stamped hereon at ( sM by me, and was duly RECORDED in the Volume „ and Page of the named RECORDS of Williamson , . County, Texa , stamp 1. . ed hereon by me, on "' 4 A 2 JAN.x 8 1992 w f 4 ,. : , rJ ; s i H ` COUNTY CLERK `� ^ '`s• +CaU.�" WILLIAMSON COUNTY TO CAS EXHIBITA C, r m cpc warn iteriFai ro : CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET 78664 Mit 31000 f t1:11.10 2A37 Y ?. • Gird 2r.ali1Jr • . ,• ri; .;! ' . r; .n 0 i • 1—r urn (Do CO z=, (-) cpm • z 0 IN1 r 0 X C.) GCDARCA Disannexation And Restrictive Covenant Agreement This Agreement is made this /1 day of December, 1991, by and .dAR15A/2/3 between Tommy E. Moore, Jr. and wife ¶9 I1 Moore, hereinafter referred to as "Owners," and the City of Round Rock, hereinafter referred to as City." WHEREAS, Owners own the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owners hereby warrant that they own the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owners wish to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of all of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owners agree and covenant that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owners shall pay any and all fees and charges required by said provisions. The covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owners, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is recorded. Executed by the undersigned on the dates opposite their signatures. Date: -/1- 91 Date: /_ STATE OF'TEXAS COUNTY OF WILLIAMSON ELAINE FOXWORTH Notary Public, State of texas f t m��1J / My Commission Expires o•✓ JUNE 15,1995 ors � 2. Thomas E. Moore, 6RR.(iNkfJ City of Rpu14 Jock, Texas By: § § Mike Robinson, Mayor This instrument was acknowledged before me on the //-tZ day of December, 1991 by Thomas E. Moore, Jr. Notary Public, State of Texas Printed Name: EC. /n/E e7?/ My Commission Expires: //5/ 95' STATE OF TEXAS COUNTY OF WILLIAMSON ELAINE FOXWORTH Notary Public, State of Texas My Commission Expires JUNE 15, 1995 STATE OF TEXAS COUNTY OF WILLIAMSON CHRIS'Th' st r.`SRTINEZ N Sato of Texas s■n Expires UPNE 22, 1993 3. S This instrument was acknowledged before me on the M/- day of December, 1991 by TimymRoEth Moore. tvam2R Notary Public, State of Texas Printed Name: 4a 4'N,E rb ywOkTh My Commission Expires: 6/i5195 5 This instrument was acknowledged before me on the a3 day da of December, 1991 by Mike Robinson, Mayor of the City of Round Rock, Texas, a Texas municipal corporation •n behalf of said corporation. Notary Public Printed Name: My Commission Expires: ate of T-x.- 1 /,V► EXHIBITA EXHIBIT "A" BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77' 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76' 16' E, 2.25 feet to an iron stake; THENCE S 12 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson et al, 168.15 acre tract, as fenced and used upon the ground, S 30 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60' 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60' 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. WHEREAS, Tommy E. Moore, Jr. and wife Tiny Ruth Moore ( "Owners ") are the owners of certain property ( "Property ") described in Exhibit "A ", and WHEREAS, the Property is located within the corporate limits of the City, and WHEREAS, Owners wish to have their Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to enter into a Disannexation and Restrictive Covenant Agreement ( "Disannexation Agreement ") to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances described in the Disannexation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Disannexation Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. RESOLVED this 12th day of December, 1991. ATTEST: NE LAND, Secretary RS12121A RESOLUTION NO. /679R_., 7/xi MIKE ROBINSON, Mayor City of Round Rock, Texas GCDARCA EXHIBIT "A" Disannexation And Restrictive Covenant Agreement This Agreement is made this day of December, 1991, by and between Tommy E. Moore, Jr. and wife Tiny Ruth Moore, hereinafter referred to as "Owners," and the City of Round Rock, hereinafter referred to as City." WHEREAS, Owners own the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owners hereby warrant that they own the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owners wish to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of all of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owners agree and covenant that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code of Ordinances (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code of Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owners shall pay any and all fees and charges required by said provisions. The covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owners, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is recorded. Executed by the undersigned on the dates opposite their signatures. Date: Owners: Thomas E. Moore, Jr. Tiny Ruth Moore Date: City of Round Rock, Texas STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of December, 1991 by Thomas E. Moore, Jr. 2. By: Mike Robinson, Mayor Notary Public, State of Texas Printed Name: My Commission Expires: STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON 3 . § § This instrument was acknowledged before me on the day of December, 1991 by Tiny Ruth Moore. Notary Public, State of Texas Printed Name: My Commission Expires: § § This instrument was acknowledged before me on the day of December, 1991 by Mike Robinson, Mayor of the City of Round Rock, Texas, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission Expires: EXHIBIT "A" BEGINNING at an iron stake in the southeast line of a public road, said iron stake being N 77' 16' E, 20.00 feet from the northeast corner of that 5.00 acre tract of land conveyed in a deed from C.T. Nelson, Sr. and wife, Edith L. Nelson, and C.T. Nelson, Jr. and wife, Polly Ann Nelson, to Ruben D. Brown and wife, Margaret C. Brown, as recorded in Volume 3830, Page 1399, Travis County Deed Records; THENCE with the southeast line of said public road, same being the northwest line of the said Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, courses numbering 1 & 2, as follows: (1) N 77" 16' E, 272.00 feet to an iron stake at angle in said road; (2) N 76' 16' E, 2.25 feet to an iron stake; THENCE S 12' 45' E, 609.22 feet to an iron stake in the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract; THENCE with the southeast line of the said Mrs. Edith L. Nelson, et al, 168.15 acre tract, as fenced and used upon the ground, S 30' 00' W, passing the Williamson- Travis County Line, in all 94.79 feet to an iron stake; THENCE N 60" 00' W, 285.78 feet to an iron stake, and from said stake the southeast corner of the aforesaid Ruben D. Brown 5.00 acre tract bears N 60' 00' W, 27.24 feet; THENCE 20 feet from and parallel with the northeast line of the said Ruben D. Brown 5.00 acre tract, N 12' 45' W, 485.10 feet to the place of the beginning, containing 3.754 acres of land. EXHIBITA DATE: December 10, 1991 SUBJECT: December 12, 1991 ITEM: 9A. Consider a resolution authorizing the Mayor to enter into a disannexation agreement for 3.754 acres fronting Louis Henna Blvd. (Tommy Moore). STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The Disannexation Agreement provides that in exchange for disannexing Tommy Moore's property, Mr. Moore agrees to use and develop his property in accordance with the City's land use ordinances. A more detailed presentation will be made at the meeting. Staff recommends approval of the Agreement.