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A-06-12-14-3A1 - 12/14/2006ORDINANCE No.Fl- (�a-w-3aI AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 382.74 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACT I, 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 part of a 382.74 acre tract of land known as Georgetown Railroad - Tract I, 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 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 0:\wdox\ORDINANC\061213A1.WPD/—c BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. 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. 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 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. IRA 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 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. VII. That this Ordinance shall become effective after its passage. VIII. 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. IX. 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, 3 and to this end the provisions of this Ordinance are declared to be severable. X. 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 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 , 2006. 4 Alternative 2. READ and APPROVED on first reading this the /y�h-day of (ICUUX&A.) , 2006. ( READ, APPROVED and ADOPTED on second reading this the /.+ day of 2006. W L ayor City of Round Rock, Texas ATTEST: . ��, 0'� w kw�) ICHRISTINE . MARTINEZ, City Secretary 9 EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE PROPERTY DESCRIPTION OF ANNEXATION TRACT I 382.74 ACRES The most southerly 382.74 acres of the 875.68 acre tract, out of Ephraim Evans Survey, Abstract No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County Texas, Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson County Texas. Save and except the following two tracts: 1. 250.22 acres, more of less described as Tract III on page 2 of this exhibit. 2. 46.24 acres, more or less of Right of Way for FM 1431, which lies west of the Georgetown Railroad, being part of the 56.316 acre tract described in the Right of Way Deed recorded in volume 1112 pages 489-492 Deed records of Williamson County. THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY. THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. THEY DO NOT REPRESENT ACUAL GROUND SURVEYS Tract III Being 250.22 acres of land in the Ephraim Evans League Survey in Williamson County, Texas; said tract being a portion of the 875.68 acre tract that was conveyed by deed dated June 30, 1982 from Westinghouse Electric Corporation to Georgetown Railroad Company and recorded in the Williamson County Deed records in Volume 880 page 633 and being more particularly described as follows: BEGINNING at an iron pin at the southwest corner of said 875.68 acre tract North 20° 53' 2" West a distance of 938.44 Feet to the Point of Beginning. THENCE along the northern boundary of the proposed Wyoming Springs ROW said ROW being the southern and eastern boundary of the tract herein described the following courses: (1) 1306.53 feet along a curve to the right having a chord of 1225.38 feet bearing North 33° 47' 49" East and a radius of 1060.00 feet. (2) North 69' 06' 27" East a distance of 2328.13 feet (3) 1349.71 feet along a curve to the left having a chord of 1236.72 feet bearing North 270 58' 23" East and a radius of 940.00 feet. (4) North 13° 09' 41" West a distance of 1484.15 feet to the northeast corner of tract herein described. Said corner being in the Southern ROW of Highway 1431. THENCE along the ROW of Highway 1431 for the north line of the tract herein described the following courses: (1) South 760 50' 19" West a distance of 3193.88 feet (2) South 730 37' 32"West a distance of 641.12 feet (3) South 700 21' 17" west a distance of 481.93 feet to the northwest corner of the tract herein described. THENCE along the average line of a fence for the west line of the tract herein described the following courses: (1) South 200 54' 38" East a distance of 1718.97 feet (2) South 670 51' 08" West a distance of 173.70 feet (3) South 200 53' 02" East a distance of 1760.29 feet to the Point of Beginning and containing 250.22 acres of land, more or less. Georgetown Railroad Annexation Tracts 12-06-2006 05:47pm from-HUGHESAL110E(((( STATE OF TEXAS § COUNTY OF WILLIAMSON § 2149396106 T-756 P.002/040 F-954 PETITION TO THE CITY COUNCIL OF THE CITY OF ROUND ROCK., TEXAS FOR THE VOLUNTARY ANNEXATION OF PROPERTY WHEREAS, the undersigned is the owner of 382.74 acres of land located entirely within the extraterritorial jurisdiction of the City of Round Rock, Williamson County, Texas (the "City"), which property is depicted on &Wbir A attached to this Petition and described by metes and bounds on Exhibit B attached to this Petition (the " ro "); and WHEREAS, the undersigned owner of the Property desires that the Property be annexed into the corporate limits of the City; and WHEREAS, the Property to be annexed is one-half mile or less in width, contiguous to the City, and is vacant and without residents; and WHERFA.S, the Property contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on a single tract, and WHEREAS, subject to the condition described below, and pursuant to Texas Local Government Code Section 43.028, the City Council Of the City has the authority to annex the Property. NOW THEREFORE, pursuant to Section 43.028 of the Texas Local Goverrunent Code, and subject to the following condition, the undersigned owner of the Property by this Petition hereby requests that, atter the fifth day but before or on the 300i day after the date this Petition is filed with the City, the City Council of the City grant this Petition, and then annex the Property into the corporate limits of the City through an ordinance adopted by the City Council of the City_ This request is expressly subject to the following condition being fulfilled: The City Council of the City approves, and all necessary parties execute, a development agreement pursuan[ to Texas Local Government Code Section 212.171, et seq_, which covers the approximately 1626.54 acres depicted in Exhibit C attached_ FILED, this ? day of -P EL , with the City Secretary of the City of Round Reek, Williamson County, Texas. Anne,:sr.on Pciawn GEORGETOWN RAII.P.OAD COMPANY, a Texas Corporation By W. B. Snead, Chairman of the 130ard Page 1 015523.00011-1005484 02 12-06-2006 05:48Pm Fran-HUGHESRUCE M ( STATE OF TEXAS § COUNTY OF WILLL4.MSON 2149396106 T -T56 P.003/040 F-954 BEFORE ME, the undersigned authority, on this The day of December, 2006, per$OWIY appeared W. B. Snead, Chairman of the Board of Georgetown Railroad Company, Inc., a Texas corporation, and acknowledged to me that he executed The foregoing document on behalf of said corporation. DAR Notary Public m and for the State of Texas RM W. FR"SCH .: MY COMMISSION EXPIRES {fit' Mardi 1 t, 2007 MncAdwn ItuUon Page 2 01552300011 1005484 02 Georgetown Railroad Annexation Tracts EXHIBIT A Depiction of the Property EXHIBIT B METES AND BOUNDS DESCRIPTION OF THE PROPERTY DESCRIPTION OF ANNEXATION TRACT 1 382.74 ACRES The most southerly 382.74 acres of the 875.68 acre tract, out of Ephraim Evans Survey, Abstract No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County Texas, Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson County Texas. Save and except the following two tracts: 1. 250.22 acres, more of less described as Tract III on page 2 of this exhibit. 2. 46.24 acres, more or less of Right of Way for FM 1431, which lies west of the Georgetown Railroad, being part of the 56.316 acre tract described in the Right of Way Deed recorded in volume 1112 pages 489-492 Deed records of Williamson County. THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY. THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. THEY DO NOT REPRESENT ACUAL GROUND SURVEYS Tract III Being 250.22 acres of land in the Ephraim Evans League Survey in Williamson County, Texas; said tract being a portion of the 875.68 acre tract that was conveyed by deed dated June 30, 1982 from Westinghouse Electric Corporation to Georgetown Railroad Company and recorded in the Williamson County Deed records in Volume 880 page 633 and being more particularly described as follows: BEGINNING at an iron pin at the southwest corner of said 875.68 acre tract North 20° 53' 2" West a distance of 938.44 Feet to the Point of Beginning. THENCE along the northern boundary of the proposed Wyoming Springs ROW said ROW being the southern and eastern boundary of the tract herein described the following courses: (1) 1306.53 feet along a curve to the right having a chord of 1225.38 feet bearing North 33° 47' 49" East and a radius of 1060.00 feet. (2) North 69' 06' 27" East a distance of 2328.13 feet (3) 1349.71 feet along a curve to the left having a chord of 1236.72 feet bearing North 271 58' 23" East and a radius of 940.00 feet. (4) North 130 09' 41" West a distance of 1484.15 feet to the northeast corner of tract herein described. Said corner being in the Southern ROW of Highway 1431. THENCE along the ROW of Highway 1431 for the north line of the tract herein described the following courses: (1) South 760 50' 19" West a distance of 3193.88 feet (2) South 730 37' 32" West a distance of 641.12 feet (3) South 700 21' 17" west a distance of 481.93 feet to the northwest corner of the tract herein described. THENCE along the average line of a fence for the west line of the tract herein described the following courses: (1) South 200 54' 38" East a distance of 1718.97 feet (2) South 67° 51' 08" West a distance of 173.70 feet (3) South 200 53' 02" East a distance of 1760.29 feet to the Point of Beginning and containing 250.22 acres of land, more or less. Exhibit C Total 1626.54 acres Note: the Georgegetown Railroad ROW Tract excludes the following: 1) the intersection of the ROWs of FM 1431 and the Georgetown Railroad 2) a 20 -ft wide strip of the Georgetown Railroad to connect the City Water Treatment Plant to the extisting city limits (not indicated on map) G -7 �� S LIN 12-06-2006 05:49pm From-HUGtIES&LUCE(((( rAeOm ce um is C W47 Cr WUJJAMM 2149396106 T-756 P.007/040 F-954 f3"�4 s S �K #FF +:iY 7iY : AMBAMi 41MF ijd,9sr' p� ntiQ 4j.4F.{�q snd°:�11P llMi OL iA� ii4fi° OL • R at t11s cry Y and Axsre at ftp aj ava � Bac a t c7a ago Of for am sa Wo go* ae�/;i4 ti 001 oOZIA and stsae co" to cho b°rs'a . tM sroG.sEC v>: �coomb, M4 � bar the Itc a, 110„ • a�Ssrn � pmraanto ralalm, >iRi. ,wn Wijiisastlw osa � 02 olot OQFZ"a qJ4 w C 4. 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A26.1i tsss basriva li' S9' O?a lkrc ad a radme of $4.9 fSaF Co a Ta�raa x(ip,r v pgRwent pmk*A=4, Wous (7) 968.37 Z"C OUn- 4 99M W tbf We asvUe a CbW g of 905.19 &MW boAKIM 3094 1. 95, p, iagW and A radtat Of 766.2 four to a Tawas NiSMW 0 meas fvm4; ls> >ll.li tact a1go6 a Q,ry� a 'Im E $23.0 ffe etco sssss• tgma� y �liY_ Aa+ar�eac c9) 30WO t' OP 3701 sant a tiilaraaaep of j.6".57 fetc OL 0` X47 OoparAeevs aeayretac SOX, (103 oto g4. at 04^ Iwc a d�sr mco of 2,069.99 %ec eo Z=4. vows ow to", 4444Af 20,39 sesta of rim ft No q- , JBaitii m WX vjwft;,m troTi WAVSr4wvmc •wnrw w"yegpr b OSrocth4 awn me � 4v � t3prlazs R". ?-se b cc 7. Exhibit B — page 9 015523 Q0011.1005484 02 DATE: December 7, 2006 SUBJECT: City Council Meeting - December 13, 2006 ITEM: 3.A.1. Consider an ordinance annexing a 382.74 -acre tract of land known as Georgetown Railroad - Tract I, located north of Behrens Ranch, and to the east and south of the proposed extension of Wyoming Springs Drive. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: This 382.74 acre tract of land is one of a set of five voluntary annexations by Georgetown Railroad totaling 829.53 acres, more or less. City staff concurs with the annexation request because it allows the City to control the development of this area and to protect the existing single-family residential subdivisions within the city that abut this tract to the south. Fnin: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information• The City of Round Rock began unilateral annexation proceedings for this and adjacent property earlier this year. Public hearings related to those proceedings were conducted by the City Council on September 6 and September 7, 2006. After the City began its unilateral annexation proceedings, representatives from Georgetown Railroad Company, Inc. (GRR) began negotiations with City administration. The results of those negotiations include GRR's application to voluntarily annex 829.53 acres with PUD zoning, which includes mixed use residential and commercial tracts. The proposed PUD is also on the Council's agenda. Public Comment: Per the statutory requirements of the Texas Local Government Code as pertains to unilateral annexation, written notices were sent by certified mail to the property owners of the proposed annexed lands and to all public and private utility providers that could be affected. Published notices of the public hearings appeared in the Round Rock Leader and were posted on the City's Website. Public notice is not required for voluntary annexation, in accordance with Section 43.028 of the Texas Local Government Code. However, notice was sent to all City residents within 300 feet of the proposed annexation tract as well as Homeowners Association representatives in neighboring unincorporated areas. A neighborhood meeting was held on November 15, 2006 to provide area residents with additional information and answer their questions on the annexation and zoning proposals. One change to the PUD resulted from this meeting. THE STATE OF TEXAS COUNTY OF WILLIAMSON N O N M O CITY OF ROUND ROCK * N �E 6i I, Margo Davis, Assistant City Secretary of the City of Round Rock, Texas, do CI, hereby certify that I am the custodian of the public records maintained by the City and the attached is a true and correct copy of Ordinance No. A -06-12-14-3A1 concerning the annexing of 382.74 acre tract of land known as Georgetown Railroad Tra ct I. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 14th day of December 2006. The minutes of this meeting are recorded in the official City Council Minute Book No. 54. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 28th Margo Da , Assistant City Secretary ORDINANCE NO. I lc - 1O AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 382.74 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACT I, 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 part of a 382.74 acre tract of land known as Georgetown Railroad - Tract I, 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 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 0:\wdox\ORDINANC\061213A1.WPD/imc BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. 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. 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 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. 2 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 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. VII. That this Ordinance shall become effective after its passage. VIII. 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. IX. 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, 3 and to this end the provisions of this Ordinance are declared to be severable. X. 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 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 2006. Alternative 2. READ and APPROVED on first reading this the/yr "daY of 7kmux- &){J , 2006. READ, APPROVED and ADOPTED on second reading this the I,qday of 2006. ATTEST: CHRISTINE *MARTINEZ, City Secretary 5 EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE PROPERTY DESCRIPTION OF ANNEXATION TRACT I 382.74 ACRES The most southerly 382.74 acres of the 875.68 acre tract, out of Ephraim Evans Survey, Abstract No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County Texas, Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson County Texas. Save and except the following two tracts: 1. 250.22 acres, more of less described as Tract Ili on page 2 of this exhibit. 2. 46.24 acres, more or less of Right of Way for FM 1431, which lies west of the Georgetown Railroad, being part of the 56316 acre tract described in the Right of Way Deed recorded in volume 1112 pages 489-492 Deed records of Williamson County. THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY. THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. THEY DO NOT REPRESENT ACUAL GROUND SURVEYS Tract III Being 250.22 acres of land in the Ephraim Evans League Survey in Williamson County, Texas; said tract being a portion of the 875.68 acre tract that was conveyed by deed dated June 30, 1982 from Westinghouse Electric Corporation to Georgetown Railroad Company and recorded in the Williamson County Deed records in Volume 880 page 633 and being more Particularly described as follows: BEGINNING at an iron pin at the southwest corner of said 875.68 acre tract North 20. 53' 2" West a distance of 938.44 Feet to the of Beginning_ Point THENCE along the northern boundary of the proposed Wyoming Springs ROW said ROW being the southern and eastern boundary of the tract herein described the following courses: (1) 1306.53 feet along a curve to the right having a chord of 1225.38 feet bearing North 330 47' 49" East and a radius of 1060.00 feet. (2) North 690 06' 27" East a distance of 2328.13 feet (3) 1349.71 feet along a curve to the left having a chord of 1236.72 feet bearing North 270 58' 23" East and a radius of 940.00 feet. (4) North 130 09' 41" West a distance of 1484.15 feet to the northeast corner of tract herein described. Said corner being in.the Southern ROW of Highway 1431. THENCE along the ROW of Highway 1431 for the north line of the tract herein described the following courses: (1) South 760 50' 19" West a distance of 3193.88 feet (2) South 730 37' 32" West a distance of 641.12 feet (3) South 700 21' 17" west a distance of 481.93 feet to the northwest corner of the tract herein described. THENCE along the average line of a fence for the west line of the tract herein described the following courses: (1) South 20° 54' 38" East a distance of 1718.97 feet (2) South 67° 51' 08" West a distance of 173.70 feet (3) South 201 53' 02" East a distance of 1760.29 feet to the Point of Beginning and containing 250.22 acres of land, mcre or less. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 12-06-2006 05:47am From-HUGHES&1 d ((( STATE OF TEXAS § COUNTY OF WILLIAMSON § 2149396106 T -T56 P.002/040 F-954 PETITION TO THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS FOR THE VOLUNTARY ANNEXATION OF PROPERTY WHEREAS, the undersigned is the owner of 382.74 acres of land located entirely within the extraterritorial jurisdiction of the City of Round Rock, Williamson County, fiexas (the "C�"), which property is depicted on 'bit A attached to this Petition and described by metes and bounds on Exhibit B attached to this petition (the "pro rt ,7); and WHEREAS, the undersigned owner of the Property desires that the property into the corporate limits of the City; and be annexed WHEREAS, the Property to be annexed is one-half mite or less in width, contiguous to the City, and is vacant and without residents; and WHEREAS, the Property contains fewer than loo separate tracts of land on which one or more residential dwellings are located on a single tract, and WHEREAS, subject to the condition described below, and Government Code Section 43.029, the City Council of the City has the pursuant �, Texas annex the Property. NOW THEREFORE, pursuant to Section 43.028 of the Texas Local Government Code, and subject to the following condition, the undersigned owner of the Property by this Petition hereby requests that, after the fifth day but before or on the 301' day after the date this Petition is filed with the City, the City Council of the City grant this Petition, and theta annex the Property into the corporate limits of the City tiuough an ordinance ado City. This request is expressly subject to the following condition adopted f4lfille dty Council of the The City Council of the City approves, and all necessary parties execute, a development aeement pursuant to Texas Local Government Code Section 212.171, et sey_. which covers the approximately 1626.54 acres depicted in Exhibit C attacked_ FILED, this ? day of , with the City Secretary of the City of Round Rock, Williamson County, Texas. Anncn3r.on Pci.rwn (3EORGETC)WN RAILROAD COMPANY, a Texas Corporation hy: 4- B. Snead, Chairman of the Board Page I u 15523.00011.1005484 02 12-06-1006 05:46pm From-HUGHES&LUCE(((( STATE OF Tvas § COUNTY OF WILLlAMSON § 2149396106 T -T56 P_003/040 f-954 BEFORE. ME, the undersigned authority, on this the rsonall a --�, day of December, 2006, Pe y ppeared W. B_ Snead, Chairman of the Board of Georgetown Railroad Company, Inc., a Texas corporation, and acknowledged to me that he executed the foregoing document on behalf of said corporation_ u corporation- NOTMY Public in and for the State of Texas #; /wHELL W. F `= MY COMMISSION EM8ES March If, 2007 An CA4Mun Pcution Page 2 015523 00011 1005484 U3 EXHIBIT A Depiction of the Property RECORDERS MEMORANDUM All or parts of the text on this page was got clearly legible for satisfactory recordakott, EXHIBIT B METES AND BOUNDS DESCRIPTION OF THE PROPERTY DESCRIPTION OF ANNEXATION TRACT I 382.74 ACRES The most southerly 382.74 acres of the 875.68 acre tract, out of Ephraim Evans Survey, Abstract No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County Texas, Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson County Texas. Save and except the following two tracts: 1. 250.22 acres, more of less described as Tract III on page 2 of this exhibit. 2. 46.24 acres, more or less of Right of Way for FM 1431, which lies west of the Georgetown Railroad, being part of the 56.316 acre tract described in the Right of Way Deed recorded in volume 1112 pages 489-492 Deed records of Williamson County. THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY THEY REPRESENT THEORETICAL, CLOSURE OF PARTIAL SURVEYS_ THEY DO NOT OF ACUAL GROUND SURVEYS Tract III Being 250.22 acres of land in the Ephraim Evans League Survey in Williamson County, Texas; said tract being a portion of the 875.68 acre tract that was conveyed by deed dated June 30, 1982 from Westinghouse Electric Corporation to Georgetown Railroad Company and recorded in the Williamson County Deed records in Volume 880 page 633 and being more particularly described as follows: BEGINNING at an iron pin at the southwest corner of said 875.68 acre tract North 200 53' 2" West a distance of 938.44 Feet to the Point of Beginning_ THENCE along the northern boundary of the proposed Wyoming Springs ROW said ROW being the southern and eastern boundary of the tract herein described the following courses: (1) 1306.53 feet along a curve to the right having a chord of 1225.38 feet bearing North 330 47' 49" East and a radius of 1060.00 feet_ (2) North 690 06' 27" Easta distance of 2328.13 feet (3) 1349.71 feet along a curve to the left having a chord of 1236.72 feet bearing North 27° 58' 23" East and a radius of 940.00 feet. (4) North 130 09' 41" West a distance of 1484.15 feet to the northeast corner of tract herein described. Said corner being in the Southern ROW of Highway 1431. THENCE along the ROW of Highway 1431 for the north line of the tract herein described the following courses: (1) South 760 50' 19" West a distance of 3193.88 feet (2) South 730 37' 32" West a distance of 641.12 feet (3) South 700 21' 17" west a distance of 481.93 feet to the northwest corner of the tract herein described. THENCE along the average line of a fence for the west line of the tract herein described the following courses: (1) South 200 54' 38" East a distance of 1718.97 feet (2) South 670 51' 08" West a distance of 173.70 feet (3) South 200 53' 02" East a distance of 1760.29 feet to the Point of Beginning and containing 250.22 acres of land, more or less. Exhibit C Total 1626.54 acres Note: the Georgegetown Railroad ROW Tract excludes the following: 1) the intersection of the ROWs of FM 1439 and the Georgetown Railroad 2) a 20 -ft wide strip of the Georgetown Railroad to connect the City Water Treatment Plant to the extisting city limits (not indicated on map) RECORDERS MEMORANDUM G All or parts of the test on this page uva j S clearly legible for satisfactory recorda'don, 12-06-1006 05:49pm From-NOGNES&LUCE(((j 1149396106 T-756 P.007/040 F-954 M4 tipxe� i►aa�y orar� coo�rs or tar�raxna,i s 4w air tires¢ s: pj LA � yL�o t pt 9A OR9ApiT�Q O3 itZpA aa1FA tx+qOwfiri,1404 Sma so Comm CD1f81�Y, Iil�, a y�pq�CAUV`�:P444 by tbo iS;. t u" �ua woad iao SC4Rq OY: 77�ras�U• " tM t Q=ty 02 PU;14maQn C— of qht aJA LP9Ctiics Y3.rk all 4""4 06" s yqr, ,dX Zw 7AN+iHic tA9 to RWr i+rC�� O s =t and rim ,.QC Y9 mr is +A4 taoRiq� r. arts 4wFersoaai p:nyecgf y ad q4 aad a>=.cpa4 � PrO $�- tA11e.ass zA aa4a iuQ "WOPsan WbUgt t11 AW 4VAtsLU, rs�� ���t+9a cvpol p�qq• �• moi% s4laL to thm aF sCY. 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