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R-92-1774 - 12/22/19920L 2236PAA1610 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 19 9a. 43222 I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the J OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS a - day of CERTIFIED by my hand and seal of the City of Round Rock, Texas on t h i s ag- day of aLe-gArtIVA- , 19 10, . 1 LJL_I fit J' NNE LAND A istant City Manager/ City Secretary ATTEST: RS12222A LAND, Secretary RESOLUTION NO. /11 R... yta voL2236PA [611 WHEREAS, Ruben Brown ( "Owner ") is the owner of certain property ( "Property ") described in Exhibit "A ", and WHEREAS, the Property is located within the corporate limits of the City, and WHEREAS, Owner wishes to have his Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to enter into a Disannexation Agreement and Power of Attorney ( "Disannexation Agreement ") to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances described in the Disannexation Agreement, and to appoint an attorney -in -fact, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Disannexation Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated herein for all purposes. RESOLVED this 22nd day of December, 1992. MIKE ROBINSON, Mayor City of Round Rock, Texas K /PROPERTY VOL2236PAGE612 EXHIBIT "A" Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466.7 feet along the South line of the Public Road to set an iron pin for the NW corner of this tract.. THENCE S 13° 45' E 466.7 feet to set an iron pin for the SW corner of this tract. THENCE N 76° 15' E 466.7 feet to set an iron pin for the SE corner of this tract. THENCE N 13 45' W 466.7 feet to the POINT OF BEGINNING. EXHIBIT "B" TO L 2236o „ Disannexation Agreement and Power of Attorney This Agreement is made this A� — day of December, 1992, by and RV/- between Reuben D. Brown, hereinafter referred to as "Owner,” and the City of Round Rock, hereinafter referred to<as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: I. The Owner agrees that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: GDA &POA VOL 2236P;,IIE 1. Chapter 11, Zoning, Code or Ordinance (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code or Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that the covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owner, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. vo� =ENO f(15 his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: Rte. /y, 1 `1 I Owner: STATE OF TEXAS COUNTY OF WILLIAMSON CHRISTINE R. MARTINEZ Notary Pubic, Stale of Texas !. My Comnss:en Expires JUNE 22, 1993 3. RR en D. Brown Date: City of Round Rock, Texas By: Mike Robinson, Mayor • § This instrument was acknowledged before me on the 14 day of December, 1992 by R n uben D. Brown. n n I /� C D\ • I LI,V Y Notary Public a e of Te as - ri .clE7. Printed Name:` L & My Commission Expires: , �� . STATE OF TEXAS voL2236p 6E616 COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of December, 1992 by Mike Robinson. 4. § Notary Public, State of Texas Printed Name: My Commission Expires: GDA &POA VO 22 Disannexation Agreement n and Power of Attorney This Agreement is made this owl of December, 1992, by and R.O between Ruben D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: I. The Owner agrees that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: VOL 2236PAGE618 1. Chapter 11, Zoning, Code or Ordinance (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code or Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that the covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owner, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: aaMhu / / ) j 1 9 d, Owner: Ruben D. Brown n/� D Date: Z )99 a City of Round Rock, Texas CHRISTINE R. MARTINEZ Notary Pubic, State at Texas • My Commiissmn Expues JUNE 22, 1993 3. By: '— VOL 2236P „6E619 Mike Robinson, Mayor STATE OF TEXAS § COUNTY OF WILLIAMSON § 'I This instrument was acknowledged before me on the I'`( day of December, 1992 by Ruben D. Brown. 4JU AtAtu R `)1 Notary Public State of Texas Printed Name: (14R {$T /A) . mA Thug 2 - My Commission Expires: (o- - STATE OF TEXAS VOL 2236PAbE62O j "' - " ;�t CFIRISTINE R. MARTINEZ • +c r.: Notary Public, Stale al TCx3S My Commissmn Expires Vo","t . _ JUNE 22, 1993 4. § $ 1 COUNTY OF WILLIAMSON This instrument was acknowledged before me on the o o — day of December, 1992 by Mike Robinson. Q GZ Notary Public, State of Texas Printed Name: CHWRkST/ZJ . /nlj,Q EZ, My Commission Expires: - K /PROPERTY Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466 Public Road to set an tract. THENCE S 13° 45' E 466. corner of this tract. THENCE N 76° 15' E 466. corner of this tract. EXHIBIT "A" .7 feet along iron pin for 7 feet to set 7 feet to set VOL 2236PA6E621 the South line of the the NW corner of this an iron pin for the SW an iron pin for the SE THENCE N 13° 45' W 466.7 feet to the POINT OF BEGINNING. VO 2236 PAC, E 622 OITY OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 STATEOFTEXAS COUNTYOFWILLIAMSON hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on DE C 2 9 1992„ . COUNTY CLERK WILLIAMSON COUNTY, TEXAS 43222 FILED FOR RECORD WILLIAMSON COUNTY.TX. 1992 DEC 29 PK 2: 44 2 C A 7 COUNTY CLERK s of'ot,4aed_ WHEREAS, Ruben Brown ( "Owner ") is the owner of certain property ( "Property ") described in Exhibit "A ", and WHEREAS, the Property is located within the corporate limits of the City, and WHEREAS, Owner wishes to have his Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to enter into a Disannexation Agreement and Power of Attorney ( "Disannexation Agreement ") to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances described in the Disannexation Agreement, and to appoint an attorney -in -fact, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Disannexation Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated herein for all purposes. RESOLVED this 22nd day of December, 1992. ATTEST: NE LAND, Secretary RS12222A RESOLUTION NO. / 7 ite,‘ MIKE ROBINSON, Mayor City of Round Rock, Texas K /PROPERTY EXHIBIT "A" Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466.7 feet along Public Road to set an iron pin for tract. THENCE S 13° 45' E 466.7 feet to set corner of this tract. THENCE N 76° 15' E 466.7 feet to set corner of this tract. THENCE N 13° 45' W 466.7 feet to the the South line of the the NW corner of this an iron pin for the SW an iron pin for the SE POINT OF BEGINNING. GDA &POA EXHIBIT "B" Disannexation Agreement and Power of Attorney This Agreement is made this pl,) / day of December, 1992, by and between Reuben D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: 1. The Owner agrees that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code or Ordinance (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code or Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that the covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owner, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his desire and intention to request voluntary annexation of the Property by the City when water and wastewater service is provided by the City to the boundary of the Property. When such service is available, Owner agrees to execute and deliver to the City a petition for annexation within ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: / / y� Owner: STATE OF TEXAS CHRISTINE R. MARTINEZ Notary Public. Stole of Texas t t My Comnus &on Expires JUNE 22, 1993 3. RR en D. Brown Date: City of Round Rock, Texas By: Mike Robinson, Mayor § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the I� day of December, 1992 by Ruben D. Brown. aluu: &,u) ,Naptt;i, a Notary Public Sate of_Te as Printed Name: bOb eTA167.... My Commission Expires: rill if STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of December, 1992 by Mike Robinson. 4. § • Notary Public, State of Texas Printed Name: My Commission Expires: GDA &POA Disannexation Agreement and Power of Attorney O n4 This Agreement is made this WA" day of December, 1992, by and between R D. Brown, hereinafter referred to as "Owner," and the City of Round Rock, hereinafter referred to as "City." WHEREAS, Owner owns the property ( "Property ") described in Exhibit "A," attached hereto and incorporated herein, and WHEREAS, Owner hereby warrants that he owns the Property in fee simple and that there are no outstanding liens on said Property, and WHEREAS, the Property is located within the corporate limits of City, and WHEREAS, Owner wishes to have the Property disannexed from the corporate limits of the City, and WHEREAS, it is the desire and intention of the parties hereto to disannex the Property and to restrict the Property so that its use and development shall be subject to and in accordance with certain ordinances of the City; and WHEREAS, it is the desire and intention of the parties hereto to reannex the Property when water and wastewater service is provided by the City to the boundaries of the Property; Now Therefore, for and in consideration of the disannexation of the Property by the City, the Owner agrees and covenants as follows: I. The Owner agrees that the Property shall be used and developed in accordance with the following ordinances of the City as they may be amended from time to time: 1. Chapter 11, Zoning, Code or Ordinance (1990 Edition) City of Round Rock. (The Property shall specifically be governed by §11.311 District C -1 (General Commercial). 2. §3.1100 Landscaping Requirements, Code of Ordinances (1990 Edition) City of Round Rock. 3. §3.1400 Signs, Code or Ordinances (1990 Edition) City of Round Rock. 4. §3.100 Building Code, Code of Ordinances (1990 Edition) City of Round Rock. In addition to complying to the foregoing provisions of the City Code, Owner shall pay any and all fees and charges required by said provisions. II. The Owner agrees that the covenants, conditions, and restrictions of this Agreement shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Owner, City, and their respective legal representatives, heirs, successors, and assigns, and shall be effective for a term of seven (7) years from the date this Agreement is approved by the Round Rock City Council. III. The Owner hereby agrees and acknowledges that it is his and intention to request voluntary annexation of the Property City when water and wastewater service is provided by the City boundary of the Property. When such service is available, Owner to execute and deliver to the City a petition for annexation ten (10) days after receiving written notice that water and wastewater service is available as specified above. If such petition is not received by the City within such ten (10) day period, Owner hereby agrees and appoints Robert L. Bennett, Round Rock City Manager, (or 2. desire by the to the agrees within his successor in that position) as his true and lawful attorney -in- fact to act in his name, place and stead to, execute and deliver on his behalf a petition for voluntary annexation of the Property to the City. This power of attorney is granted for a term of seven (7) years from the date of approval of this Agreement by the Round Rock City Council. This appointment of power of attorney shall run with and bind the land and Owner's legal representatives, heirs, successors and assigns. Executed by the undersigned on the dates opposite their signatures. Date: Sp,.,/if, IF Fa- Owner: Date: &win h ),u aa,) 9' STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was \ CHRISTINE R. MARTINEZ Notary PubLc, State of Texas My Comness:an Expires f/ JUNE 22, 1993 3. g llb City of Round Rock, Texas By: Mike Robinson, Mayor acknowledged before me on the December, 1992 by Ruben D. Brown. 114,t1.1 day of Notary Public J9 a e of Te Printed Name: eniti6Z My Commission Expires: STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the Ofo(d ay of December, 1992 by Mike Robinson. 81 1-:_ . /\ /� Notary Public, to of T Printed Name: Public, K P" Tf JGZ_ My Commission Expires: (p � - °ae CHRISTINE R. MARTINEZ Notary Public, State of Texas My Commiss,on Expires JUNE 22, 1993 4. § K /PROPERTY Being 5 acres of the Socrates Darling Survey #102, in Travis County, Texas, and being out of a tract of 168.15 acres described in a deed from J. A. Pearson to Edith L. Nelson, et al, of record in Vol. 758, Page 18, Deed Records, Travis County, Texas. Surveyed on the ground by W. F. Forest, Registered Public Surveyor #101, in February of 1970. BEGINNING at the NE corner of this tract, set an iron pin, said point being on the South line of a graveled Public Road and being S 76° 15' W 866 feet from the NE corner of the above mentioned 168.15 acre tract. THENCE S 76° 15' W 466 Public Road to set an tract. THENCE S 13° 45' E 466. corner of this tract. THENCE N 76° 15' E 466. corner of this tract. EXHIBIT "A" .7 feet along iron pin for 7 feet to set 7 feet to set the South line of the the NW corner of this an iron pin for the SW an iron pin for the SE THENCE N 13° 45' W 466.7 feet to the POINT OF BEGINNING. DATE: December 18, 1992 SUBJECT: City Council Meeting, December 22, 1992 ITEM: 9E. Consider a resolution authorizing the Mayor to enter into a disannex agreement with Ruben Brown. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: December 18, 1992 SUBJECT: Ruben Brown MEMORANDUM TO: Robert L. Bennett, Jr., AICP City Manager FROM: James R. Nuse, P.E. Director of Public Works Recently, Ruben Brown applied to the City of Round Rock for water and sewer service to his property along Louis Henna Blvd. It was estimated that the cost to the City for the extension of these services would be approximately $50,000. These extensions will be necessary in the future, however; s I cannot recommend extending these services now. Mr. Brown has agreed to certain land use restrictions which conform to those of in -City residents. Furthermore, Mr. Brown has agreed to voluntarily annex into the City when service is available. I recommend that we disannex Mr. Brown under the conditions previously mentioned.