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G-04-06-24-16C2 - 6/24/2004ORDINANCE NO. `i - 017 ()(r ld_�' I/ I&e X AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF BROWN STREET LYING BETWEEN ROUND ROCK AVENUE AND AUSTIN AVENUE, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TRANSPORTATION CODE, V.A.T.S.; RESERVING A PERMANENT PUBLIC UTILITY EASEMENT; AND PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Section 311.007, Transportation Code, V.A.T.S., allows a home -rule municipality to vacate, abandon, or close a street or an alley; and WHEREAS, the City of Round Rock desires to vacate, abandon, and close a portion of Brown Street lying between Round Rock Avenue and Austin Avenue, within the City of Round Rock, Texas, as described in Exhibit "A"; and WHEREAS, the City of Round Rock desires to reserve a permanent public utility easement in the portion of the street being vacated, as described in Exhibit "A"; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. The City Council of Round Rock, Texas, after due investigation and consideration, has determined that the nature and extent of the public use and public interest warrant the abandonment of that portion of Brown Street as described in this Ordinance. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/040624C2.WPD/vr II. That portion of Brown Street lying between Round Rock Avenue and Austin Avenue, within the City of Round Rock, Texas, as more particularly described by metes and bounds in Exhibit "A", said exhibit being attached hereto and made a part of this ordinance is hereby vacated, abandoned, and closed insofar as the right, title or easement of the public is concerned. The City Council has determined that this portion of Brown Street is no longer required for public access and the public interest will be served by this abandonment. There is however, a permanent public utility easement hereby reserved across the entire abandoned portion of Brown Street, as described in Exhibit "A". That the abandonment provided herein shall extend only to the public right, title of easement in and to the tracts of land described in Part II of this ordinance, and shall be constructed only to that interest the governing body of the City of Round Rock may legally and lawfully abandon. The City Secretary is directed to file this Ordinance� /�-in the official public records of Williamson County, Texas. IV. 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. V, 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 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. 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 �� !�� 2004. r Alternative 2. READ and APPROVED on first reading this the day of 2004. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2004. CHRISTINE R. MARTINEZ, City Secretary 3 of Round Rock, Texas F in 13apt,q Brown Stfccf 0.4 S 7 Acrc Tract Page l of 3 DESCRIPTION FOR A 0.457 ACRE (19,922 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WIL.EY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTN', TEXAS, BEING A PORTION OF NORTH BROWN STREET BETWEEN BLOCK 32 AND BLOCK 33 AS SHOWN ON ROUND ROCK, A SUBDIVISION RECORDED IN CABINET A, SLIDES 191 - 192 OF THE PLAJ' RECORDS OF SAID COUNTY, SAID 0.457 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: RECINNING ata 2" iron rod found at the southeast corner of Lot 1, Block 32, of said Round Rock Subdivision, same; being the intersection of the west right-of-way line of said North Brown Street and the north right-of-way line oil' Round Rock Avenue (90 foot right-of-way width), for the southwest. corner and POINT OF BEGINNING hereof, THENCE with the west right-of-wav line of said North Brown Street, same being the east line of saki Block 32, N 19° 09' 59" W for a distance of 229.73 feet the northeast corner of Lot 11, of said Block 3.2, same being; the intersection of the west right-of-way line of said North Brown Street and [lie south right-of-way line of West Austin Avenue (60 foot right-of-way width), for the northwest co=.ner hereof, fi•orn which a 1/2" iron rod found bears, N 19° 09' 59" W for a distance of 0.33 feet, and from which said northeast corner of Lot 1 l a c/2" iron rod found for the northwest corner of Lot 7, of said Block 32, same being the northeast corner of Lot 6, of said Block 32 bears, S 70° 49' 06" W for a distance of 270.14 feet: THENCE with the south right-of=way line of said West Austin Avenue, N 70° 49' 06" E for a distance of 79.78 feet to the northwest comer oi7 Lot 6, Block 33 of said Round Rock Subdivision, same being; the irdersection of the east right-of-way line of said North Brown Street and the south ri:✓lrt-of-xwav lino of said West Aus-Lin Avenue, from which a 1/2" iron rod found beat-,,, N 19° 15' 25" W for a distance of 0.37 feet, and from which said northwest corner of l,ot 6a >" 1ron rod found for the northeast corner of Lot 1, First Baptist Church Round Rock, a subdivisi(_m recorded in Cabinet M, Slides 277 -- 278 of the Plat Records of said county, same bf ing intersection of the south right-of-way line of EA IBIT ll First Baptist Church Brown Street 0.457 Acre Tract Page 2 of 3 said West Austin Avenue and the west right-of-way line of North Blair Street (80 foot right-of-way width) bears, N 70° 49' 06" E for a distance of 268.85 feet; THENCE with the east right-of-way line of said North Brown Street, same being the west line of said Block 33, S 19° 15' 25" E for a distance of 264.49 feet to the southeast corner hereof, from which a %" iron rod found on the southwest corner of Lot 5, of said Block 33, same being the intersection of the east right-of-way line of North Brown Street and the north right-of-way line of East Liberty Avenue bears, S 19° 15' 25" E for a distance of 5.08 feet and from which a %z" iron rod set with "Baker-Aicklen" cap on the north right-of-way line of East Liberty Avenue (80 foot right-of-way width) bears, N 70° 46' 25" E for a distance of 25.65 feet; THENCE through the interior of said North Brown Street, S 81° 58' 26" W for a distance of 17.27 feet to a ''/2" iron rod set with "Baker-Aicklen" cap on the north right-of- way line of said Round Rock Avenue, for an angle point hereof, THENCE with the north right-of-way line of said Round Rock Avenue, N 82° 45' 59" W for a distance of 70.61 feet to the POINT OF BEGINNING and containing 0.457 acres of land. Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN. Surveyed under the direct supervision of the 1 Margaret A. Nolen Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512)244-9620 rOFne,April, 2004: q+;f 5 589 ` sua� Job No.: 1419-2-001-11 Filename: W:\PROJECTS\FIRST BAPTIST CHURCH\DESCRIP'rION BROWN ST\FIRST BAPTIST CHURCH BROWN ST.doc SKETCH TO ACCOMPANY DESCRIPTION WILEY HARRIS SURVEY, , ABSTRACT NO. 298 •� E210 x 3 ' V o TI V TK) l 12 5„ E/ v w '� WEST ,Ag•O w 5' E 49 11 ?9 206 2.35' W) N �(60 0 �9....:.:...'.:.:.:..'... LOT 7 c� 7 p W Ln a (S ���q9'�' / ::::::::::::.:.:.:.:.:.:.:.:.:. LOT 6 5 21j / : o u..... .... .... .. 0-� A o LOT 11 LOT 10 \ c0 .:. `gyp tp...'.z N 20 / 32 OCK pGK 19 -D ..-t-, XQ '000 so 0E5 NES LOT 4 CPB' G \ / 9, P / LOT 5 / LOT 1 0 3 A9 .......................... BU- CK ROCK- 2 LOT 2 POINT OF ::::::::::...... ROULADES BEGINNING ' SUID \ PB Y ROUND ROCK AVE ....Lj L3�� VENUE (90 R.O. W. WIDTH) E L2 QBE w '6DTYI) EA�a' R•0' SUBJECT TRACT o 0.457 ACRE (19,922 SCALE: 1 ” = 60' WILLIAMSON COUNTY, TEXAS LEGEND • 1/2"IRON ROD FOUND (UNLESS OTHERWISE NOTED) 0 112" IRON ROD SET WITH "BAKER-AICKLEN" CAP NUMBER BEARING DISTANCE L1 S 815826" W 17.27' L2 N 8245'59" W 70.61' L3 N 70'4625" E 25.65' L4 N 19 09'59" W 0.33' L5 N 19'15'25" W 0.37' L6 S 19'15'25" E 5.08' 0 PUBLIC UTILITY EASEMENT DATE: APRIL, 2004 BAKER-AICKLEN ( ) RECORD BEARING & DISTANCE_ JOB NO.: 1419-2-001-11 ®A, ASSOCIA ES, INC. PER CAB. A, SLIDES 191 192 PAGE 3NOFE3 ENGINEErs/SURVEYORS W \PROJECTS\FIRST BAPTIST CHURCH\DESCRIPTION BROWN ST\FIRST BAPTIST CHURCH BROWN ST.dwg [PAGE 3] May 70, 2004 — 2.06pm a� 2 �h 2 cR cth �u10� ROUND ROCK AVE a cl+ u5 p� v TA 2 a '= T `A TA F� �� � �0 DATE: June 18, 2004 SUBJECT: City Council Meeting - June 24, 2004 ITEM: 16.C.2. Consider an ordinance abandoning a portion of Brown Street between Round Rock Avenue and Austin Avenue. (First Reading) Department: Transportation Services Staff Person: Tom Martin, Director of Transportation Services Justification: As adopted in Ordinance Z -93-01-28-12F, the City of Round Rock agreed to vacate a portion of Brown Street lying between the rights-of-way for Round Rock Avenue and Austin Avenue as consideration for the adjacent property owner's (First Baptist Church) installation of landscape improvements and sprinkler systems. According to the Planning Department, the developer has completed the landscape and sprinkler requirements as specified in Planned Unit Development (PUD) No. 7. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Due to the reconstruction of Round Rock Avenue by the Texas Department of Transportation, the portion of Brown Street Lying between the rights-of-way for Round Rock Avenue and Austin Avenue is no longer required for public access; however a public utility easement will be reserved across the entire abandoned portion of Brown Street. The PUE is required by the City of Round Rock, Southwestern Bell Corporation, Oncor Energy / TXU Gas and Time Warner Cable. Public Comment: Abandoning a portion of Brown Street Lying between the rights-of-way for Round Rock Avenue and Austin Avenue was presented during Public Hearings for PUD No. 7. The hearings were held on January 21, 1993 by the Planning and Zoning Commission and on January 28, 1993 by the City Council. ORD 2004051980 5 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, 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. G -04-06- 24-16C2, which approves the vacation, abandonment, and closing of a portion of Brown Street lying between Round Rock Avenue and Austin Avenue. This ordinance was approved by the City Council of the City of Round Rock, Texas, at a regular scheduled meeting held on the 24t11 day of June 2004. These minutes are recorded in the official City Council Minute Book No. 50. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 1St day of July 2004. CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. 0- 014-010-(94 `MOO -Z AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF BROWN STREET LYING BETWEEN ROUND ROCK AVENUE AND AUSTIN AVENUE, WITHIN THE CITY OF ROUND ROCK, TEXAS, PURSUANT TO SECTION 311.007, TRANSPORTATION CODE, V.A.T.S.; RESERVING A PERMANENT PUBLIC UTILITY EASEMENT; AND PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Section 311.007, Transportation Code, V.A.T.S., allows a home -rule municipality to vacate, abandon, or close a street or an alley; and WHEREAS, the City of Round Rock desires to vacate, abandon, and close a portion of Brown Street lying between Round Rock Avenue and Austin Avenue, within the City of Round Rock, Texas, as described in Exhibit "A"; and WHEREAS, the City of Round Rock desires to reserve a permanent public utility easement in the portion of the street being vacated, as described in Exhibit "A"; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. The City Council of Round Rock, Texas, after due investigation and consideration, has determined that the nature and extent of the public use and public interest warrant the abandonment of that portion of Brown Street as described in this Ordinance. @PFDesktop\:-ODMA/WORLDOX/O:/WDOX/ORDINANC/040624C2.WPD/vr II. That portion of Brown Street lying between Round Rock Avenue and Austin Avenue, within the City of Round Rock, Texas, as more particularly described by metes and bounds in Exhibit "A", said exhibit being attached hereto and made a part of this ordinance is hereby vacated, abandoned, and closed insofar as the right, title or easement of the public is concerned. The City Council has determined that this portion of Brown Street is no longer required for public access and the public interest will be served by this abandonment. There is however, a permanent public utility easement hereby reserved across the entire abandoned portion of Brown Street, as described in Exhibit "A". That the abandonment provided herein shall extend only to the public right, title of easement in and to the tracts of land described in Part II of this ordinance, and shall be constructed only to that interest the governing body of the City of Round Rock may legally and lawfully abandon. The City Secretary is directed to file this Ordinance No.0):0q 0&-0-&(: An the official public records of Williamson County, Texas. IV. 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. 2 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 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. 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 2004. Alternative 2. READ and APPROVED on first reading this the day of 2004. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: 2004. W L, Mayor Ci y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 3 First Bap;est�'l�:�r�l� 13rowil Stfcel 0.45' Acre Tract PaL,e l of 3 DESCRIPTION FOR A 0.457 ACRE (19,922 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY "TEXAS, BEING A PORTION OF NORTH BROWN STREET BETWEEN BLOCK 32 AND BLOCK 33 AS SHOWN ON ROUND ROCK, A SUBDIVISION RECORDED IN CABINET A, SLIDES 191 - 192 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.457 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/2" iron rod found at the southeast corner of Lot 1, Block 32, of said Round Rock Subdivision, same being the intersection of the west right-of-way line of said North Brown Street and the north right-of-way line of Round Rock Avenue (90 foot right-of-way width), for the southwest corner and POINT OF BEGINNING hereof; THENCE with the west right-oto_-wav line of said North Brown Street, same being the east line of saki Block 32, N 19'' 09' 591, %A' for a di,tanct. of 229.73 feet the northeast corner of Lot 11, of said Block 32, Same being the intersection of the west right-of-way line of said North Brown Street and the south right-of-way line of West Austin Avenue (60 foot right-of-way width), for the northwest comer hereof, from which a %" iron rod found bears, N 19° 09' 59" W for a distance of 0.33 feet, and from which said northeast corner of Lot 11 a 1/2" iron rod found for the northwest corner of Lot 7, of said Block 32, same being the northeast corner of Lot 6, of saki Block 32 bears, S 70° 49' 06" W for a distance of 270.14 feet: THENCE with the south right-of=way line of said West Austin Avenue, N 700 49' 06" E for a distance of 79.78 !'cc,, to the n;)rth\vest corner of Lot 6, Block 33 of said Round Rock Subdivision, same being the ntersection of the east right-of-way line of said North Brown Street and the south right-of-wa_v iinc; of said West Aus;in Avenue, from which a /2" iron rod found bear.;, N 19° 15' 25" W for a distance of 0.37 feet, and from which said northwest corner of Lot 6 a i->" iron rod found for the northeast corner of Lot 1, First Baptist Church Round Rock, a subdIvisiutr Yecorded .n Cabioet M, Slides 277 -- 278 of the Plat Records of said county, same b .ing intersection of the south right-of-way line of EXHIBIT D D S 'All Ati First Baptist Church Brown Street 0.457 Acre Tract Page 2 of 3 said West Austin Avenue and the west right-of-way line of North Blair Street (80 foot right-of-way width) bears, N 70° 49' 06" E for a distance of 268.85 feet; THENCE with the east right-of-way line of said North Brown Street, same being the west line of said Block 33, S 19° 15' 25" E for a distance of 264.49 feet to the southeast corner hereof, from which a `/" iron rod found on the southwest corner of Lot 5, of said Block 33, same being the intersection of the east right-of-way line of North Brown Street and the north right-of-way line of East Liberty Avenue bears, S 19° 15' 25" E for a distance of 5.08 feet and from which a '/2" iron rod set with "Baker-Aicklen" cap on the north right-of-way line of East Liberty Avenue (80 foot right-of-way width) bears, N 70° 46' 25" E for a distance of 25.65 feet; THENCE through the interior of said North Brown Street, S 81° 58' 26" W for a distance of 17.27 feet to a ''/z" iron rod set with "Baker-Aicklen" cap on the north right-of- way line of said Round Rock Avenue, for an angle point hereof, THENCE with the north right-of-way line of said Round Rock Avenue, N 82° 45' 59" W for a distance of 70.61 feet to the POINT OF BEGINNING and containing 0.457 acres of land. Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN. Surveyed under the direct supervision of the Margaret A. Nolen Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512)244-9620 ;neg j4*bg April, 2004: 0 F 'N P ��Stt,p��♦ AGARET A. NOLEN 5) 5—S158%9 t S` ; Job No.: 1419-2-001-11 Filename: W:\PROJECTS\FIRST BAPTIST CHURI'H\DGSCRIp'rION BROWN S7\FIRST BAPTIST CHURCH BROWN ST.doc SKETCH TO ACCOMPANY DESCRIPTION WI LEY HARRIS SUR vEY, ABSTRACT NO. 298 •� VENUE A TIN T8) ,l .. •r- TAUS D 80 7 �.. 105 , R 0`'"'15' E 1g. 12,35' 235 N 2i� / / \:...: �..... OA Z O ..... LOT 11 0 ..... o_ x ... . LOT 10 ... '.'. OCK 32K 1901- R00N OES 191 10 �8g CA 5 g' j LOT 1 LOT 2 \ POINT OF BEGINNING ROUND (90' ROCK AVENUE R. 0. W. WIDTH) L2 SUBJECT TRACT 0.457 ACRE (19,922 SQ. FT.) r rn "� •35� � 2� 5, o 70g9'0 6 �/ \ =o\ x LOT 7V4 4 o LOT 6 \ �, 7- 03 d \ 73--A x a \ou" �A N / cA to A- 20 ' P� i N LOT 4 Jp- LOT 5 :.:.:...:.:':' SOCK SCK 92 RO�NpE15 191 P, SL ................ ........ PB / ...... ..:.. L� �3�' AVENUE sz 1,1B o w W110 EA (60 g. SCALE. 1 " = 60' N'ILLIAMSON COUNTY, TEXAS LEGEND • 1/2"IRON ROD FOUND (UNLESS OTHERWISE NOTED) o 1/2" IRON ROD SET WITH "BAKER-AICKLEN" CAP PUBLIC UTILITY EASEMENT ( ) RECORD BEARING & DISTANCE PER CAB. A, SLIDES 191 - 192 NUMBER BEARING DISTANCE Ll S 815826" W 17.27' L2 N 82 4559" W 70.61 ' L3 N 70 4625" E 25.65' L4 N 19 09'59" W 0.33' L5 N 191525" W 0.37' L6 S 19'15'25" E 5.08' DATE: APRIL, 2004 JOB NO.: 1419-2-001-11 BY. M. NOLEN PAGE 3 OF 3 ❑BAAICKLEN A ASSO880C1/TE8, INC. ENGINEE%B/SURVEYORS W \PROJECTS\FIRST BAPTIST CHURCH\DESCRIPTION BROWN ST'\FIRST BAPTIST CHURCH BROWN ST..dwg [PAGE 3] May 10. 2004 — 2:06nm X� S �I^ ♦ S Ng�\Pg't YdN ST IS s ga° N gPo, 14Nsl ^W� OFO W 1"S\ J � ° V J `u z A o r a: 0 3 i ; m Q O U CC E -� O gpNSpgp 0 O Co Q z, SpN SpgPSt W m 3 w z cn " DEED 2004051982 illllillllllllllllllilllllllllllllllillllillilllllllllllllli 7 PGS DONATION SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the City of Round Rock, Texas, a home -rule municipal corporation, is authorized to purchase and receive land and such other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, or improvement, of the roadways near the intersection of Liberty and Round Rock Avenue ("Project"); and, WHEREAS, the purchaser of the hereinafter -described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation ofthe Proj ect; NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, THE FIRST BAPTIST CHURCH OF ROUND ROCK, TEXAS, a Texas non-profit corporation, hereinafter referred to as Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day Sold and by these presents does Grant, Bargain, Sell, Donate and Convey unto the City of Round Rock, Texas, hereinafter referred to as Grantee, all that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas, along with any improvements thereon, being more particularly described as follows: A 0.001 Acre (65 square foot) tract of land situated in the Wiley Harris Survey, Abstract No. 398, in Williamson County, Texas, being a portion of Lot 5, Block 33, Round Rock, a subdivision recorded in Cabinet A, Slides 191-192 of the plat records of said county, said 0.001 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. RESERVATION FOR, AND EXCEPTIONS TO CONVENIENCE AND WARRANTY: Easements and rights-of-way of record; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements. Grantor makes this donation on an "as is", "where is" and "with all faults" basis, and Grantee expressly acknowledges that Grantor makes no warranty or representation, express or implied, or arising by operation of law, including, but not limited to, any warranty of condition, title (other than the special warranty of title with respect to the real property and any improvements as otherwise provided herein), C glocumenl, and Setting,ldan\Local Settings\Temporary lntemet File,1ContenUES\VU4NFTKT1SWD Revised (06-10-04) (00068445).WPD habitability, merchantability, or fitness for a particular purpose with respect to the said premises herein described or any portion thereof. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantor's does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. IN WITNESS WHEREOF, this instrument is executed on this the /N day of �Lc h e , 2004. GRANTOR: THE FIRST BAPTIST CHURCH OF ROUND ROCK, TEXAS, axa non-profit corporatio By: DAN R. MCNERY, Trustee CHARLES DUMAS, Trustee APPR VEDAS AS TO FORM: By: �c.- AA STEP L. SHEETS, City Attorney City of Round Rock CITY OF ROUND ROCK, Grantee, accepts this deed and consents to its form and substance. CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation By: J ES R. NUSE, City Manager 0 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the / day of JU /) e 2004 by DAN R. MCNERY, as Trustee of THE FIRST BAPTIST CHURCH OF ROUND ROCK, TEXAS, a Texas non- Pie� tion, on behalt of said rporation. P Ilh Jeany Jenkins Notary Public, State of Texas .:' My Commission Expires 8-11-2004 ST. COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the �Y1 day of 2004 by CHARLES DUMAS, as Trustee of THE FIRST BAPTIST CHURCH OF ROUND ROCK, TEXAS, a Texas non-nroflt nrntinn =q PRY.. PU9</4h Jeany Jenkins Notary Public, State of Texas My Commission Expires 8-11-2004 STATE COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the Z day of -r 2004 by JAMES R. NUSE, as City Manager of CITY OF ROUND ROCK, TEXAS, homeule municipal corporation, on behalf of said corporation. PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 3. O&At-wle- ou / Notary Public, State of Texas CHRISTINE R. MARTINEZ My COMMISSION EXPIRES August 28, 20% First Baptist Church R. O. W. Take 0.00 l Acre Tract Pagel of 3 EXHIBIT "A" (Page 1 of 3 Pages) DESCRIPTION FOR A 0.001 ACRE (65 SQUARE FOOT) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 5, BLOCK 33, ROUND ROCK, A SUBDIVISION RECORDED IN CABINET A, SLIDES 191 - 192 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.001 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %" iron rod found at the southwest corner of said Lot 5, same being the intersection of the east right-of-way line of North Brown Street (80 foot right-of-way width) and the north right-of-way line of Round Rock Avenue (90 foot right-of-way width), for the southwest corner and POINT OF BEGINNING hereof, from which a '/z" iron rod set with "Baker-Aicklen" cap on the north right-of-way line of said Round Rock Avenue bears, N 82° 45' 59" W for a distance of 1893 feet; THENCE with the west line of said Lot 5, same being the east right-of-way line of said North Brown Street, N 19° 15' 25" W for a distance of 5.08 feet to the northwest corner hereof, THENCE through the interior of said Lot 5, N 81° 58' 26" E for a distance of 26.15 feet to a '/s" iron rod set with "Baker-Aicklen" cap on the south line of said Lot 5, same being the north right-of-way line of East Liberty Avenue (80 foot right-of-way width), for the east corner hereof, from which a %2" iron rod found for the southeast corner of Lot 1, of said Block 33, Round Rock, same being on the intersection of the north right-of-way line said East Liberty Avenue and the west right-of-way line of North Blair Street (80 foot right-of-way width) bears, N 70° 46' 25" E for a distance of 244.37 feet; First Baptist Church R. O. W. Take 0.001 Acre Tract Page 2 of 3 EXHIBIT "A" (Page 2 of 3 Pages) THENCE with the south line of said Lot 5, same being the north right-of-way line of said East Liberty Avenue, S 70° 46' 25" W for a distance of 25.65 feet to the POINT OF BEGINNING and containing 0.001 acres of land. Bearing basis is grid north for the Texas Central Zone NAD 83/93 HARN. Surveyed under the direct supervision of the undersigned during April, 2004: Margaret A. Nolen Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512)244-9620 Job No.: 1419-2-001-51 Filename: W:\PROJECTS\FIRST BAPTIST CHURCH\DESCRIPTION ROW TAKE\FIRST BAPTIST CHURCH ROW TAKE.doc EXHIBIT "A" t, Z d IT w Z o zm w Q i VW > CQ �� ��, C) 3Q o_ m Qo u O 1—U �W w w O LL, m z li W Z Q Z ~— Z O O Y Q w Z z Q m U O O� Q m Q� Cr W p U Y U cr_ O \ \ m Q� C — EET ON LLJ R0 3 ��' �ozM Q-oo W ao K 3 �z,'x W Z w q %13 ocK 192 W p Q o Q LOT oUNp R S 191 - 7d 3 0 an a C; PB / w O' oa' / N N F, U �I / / N W C-• c � Q� E" E -i U%OTC) TAI TOU -4 U� Z �� w� Y c X00 0 Cr- -- O 0 W � l0 ffQ �� j \ro a E-4 0 C6ILS N i STI U O `4 F� e Z al $RowN �DTK) w a w l� 3 3 3 W Tg W. I _NSR to m to N t (80 to O O U Q m cr. z I q m Q _ U I � O N rlo W a 3 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004051982 07/01/2004 04:06 PM ALLEN $26.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS