R-05-10-13-10H4 - 10/13/2005RESOLUTION NO. R -05-10-13-10H4
A RESOLUTION CONSENTING TO THE ADDITION OF 29.4
ACRES OF LAND TO BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT FOR INCLUSION IN SAID DISTRICT.
WHEREAS, attached to this resolution and made a part hereof is a
petition requesting the consent of the City of Round Rock, Texas, to
the annexation of three tracts of land consisting of 29.4 acres of land
into the Brushy Creek Municipal Utility District, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Petition for Water and Wastewater Service into Brushy
Creek Municipal District, attached hereto as Exhibit "A" and
incorporated herein, is hereby granted, and the City consents to the
annexation of the property described in said petition into the Brushy
Creek Municipal Utility District.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution 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.
RESOLVED this 13th day of October, 2005.
ATTEST:
NY , Mayor
Cites of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec
@PFDesktop\::O10MA/WORLDOX/O:/WDOX/RESOLUTI/R51013H4.WPD/Sc
PETITION FOR WATER AND WASTEWATER SERVICE
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS:
By petition filed April 4, 2005, Brushy Creek Municipal Utility District
("Petitioner") requested the written consent of the City of Round Rock to the inclusion by
annexation of two tracts of land into the corporate boundaries of Brushy Creek Municipal
Utility District pursuant to Section 54.016, Texas Water Code, and Section 42.042, Texas
Local Government Code. The boundaries of the land to be included in Brushy Creek
Municipal Utility District are described on Exhibit "A" attached hereto (collectively, the
"Properties"). The Properties consist of two tracts, both of which are located in the
extraterritorial jurisdiction of the City of Round Rock, Texas and are currently owned by
Brushy Creek Municipal Utility District. Petitioner is in the process of constructing a
municipal water treatment plant on one of the tracts, and owns and operates a municipal
wastewater treatment plant on the other tract.
The governing body of the City of Round Rock failed or refused to grant
permission for the inclusion of the Properties within Brushy Creek Municipal Utility
District within 90 days after the receipt of a written request. As a result, the undersigned
Petitioner, holding title to land described by metes and bounds attached hereto as Exhibit
A, and acting pursuant to § 54.016, Texas Water Code and §42.042, Texas Local
Government Code, respectfully petitions the City Council of the City of Round Rock,
Texas to make available water and wastewater service to the Properties described in
Exhibit A.
WHEREFORE, Petitioner prays that this petition be heard and that your
Honorable Body agree by contract with the Petitioner to make available water and
wastewater service to the land described in Exhibit A.
RESPECTFULLY SUBMITTED this /9 day of 9dr.
2005.
BRUSHY CREEK MUNICIPAL
UTILITY 1 ISTRICT
BY:
NAME:
TITLE:
5' EVEN b
EXHIBIT
8 "A"
(
TRACT 1
FIELD NOTE DESCRIPTION OF A
23.859 ACRE TRACT OF LAND OUT OF THE
JAMES GARLAND WALSH and MILDRED LUCILE WALSH,
JAMES GARLAND WALSH, JR. & AVONIA ELIZABETH JAECKS TRACT,
LOCA 1'1;D IN WILLIAMSON COUNTY, TEXAS
BEING a 23.859 acre (1,039,294 square feet) tract of land situated in the Ephraim Evans
Survey, Abstract No. 212, and the William Kincaid Survey, Abstract No. 374,
Williamson County, Texas; being aportion of the remainder of that certain called
1848.03 acre tract of land described in a Deed from Charles Edwin Walsh and Edith
Agnes Walsh, a feme sole to James Garland Walsh, filed for record on December 3,
1957, and recorded in Volume 420, Page 538, Deed Records of Williamson County,
Texas (D.R.W.C.T.); and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed
February 27,1995, and recorded in Document No. 9508005, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page
0507, D.R.W.C.T.; and -being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
Janes Garland Walsh and Mildred Lucile Walsh to Avonia Elizabeth Jaecks, executed
February 27,1995, and recorded in Document No. 9508006, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page
0511, D.R.W.C.T.; and being a portion of the undivided one and one-half percent interest
of that certain called 166.48 acre tract of land described in a Gift Deed from James
Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed April 4,
1996, and recorded in Document No. 9618420, O.R.W.C.T.; and being a portion of the
undivided one and one-half percent interest of that certain called 166.48 acre tract of land
described in a Gift Deed from James Garland Walsh and Mildred Lucile Walsh to Avonia
Elizabeth Jaecks, executed April 4, 1996, and recorded in Document No. 9618421,
O.R.W.C.T.; said 23.859 acre tract being more particularly described by metes and
bounds as follows with bearings based on the Texas State Plane Coordinates NAD83/93
HARN, Texas Central Zone, which is based upon the published positions of the City of
Round Rock Control Monuments No. 01-005, 014)31 and 01-032:
BEGINNING at a 1/2 -inch iron rod (Control Monument) found marking the common
northwest corner of said 166.48 acre tract as described in said Document No.s 9508005,
9508006, 9618420 and 9618421 (hereafter referred to as 166.48 acre tract), and the
southwest corner of Lot I, Block 1, Brushy Creek North Subdivision Section One, filed
for record on April 18, 1977, recorded in Cabinet C, Slide 303, Plat Records of
Williamson County, Texas, said point being on the easterly right-of-way (R.O.W.) line of
Great Oaks Drive (a dedicated 100 foot wide R.O.W. per said Brushy Creek North
Subdivision Section One), said point also being the northwest corner of the herein
Page 1 of 3
Field Note Description continued
21859 acre tract
described tract and being located at Texas State Plane Coordinate grid position
K=3112696.52 and Y=10168744.87;
THENCE, North 69 degrees 28 minutes 18 seconds East, with the common northerly line
of said 166.48 acre tract, and the southerly line of Block 1 of said Brushy Creek North
Subdivision Section One, a distance of 625.08 feet to a calculated point for the northeast
corner of the herein described tract, and from said point a 1/2 -inch iron rod (Control
Monument) found marking the northeast confer of said 166.48 acre tract bears North 69
degrees 28 minutes 18 seconds East, at 2,285.41 feet;
THENCE, South 19 degrees 38 minutes 08 seconds East, departing said common line,
and crossing through the interior of said 166.48 acre tract, a distance of 1,936.52 feet to a
calculated point for the southeast corner of the herein described tract, said point being on
the southerly line of said 166.48 acre tract, same being the northerly line of Sam Bass
Road —also known as F.M. 175, and from which a 32 inch Live Oak Tree (called 30 inch
Liveoak Tree per said deeds for 166:48 acre tract) found marking an angle point along the
southerly line of said 166.48 acre; tract bears South 72 degrees 43 minutes 40 seconds
East, at 193.81 feet;
THENCE, with the southerly line of said 166.48 acre tract, same being the northerly line
of said Sam Bass Road, the following three (3) calls:
1) North 72 degrees 43 minutes 40 seconds West, a distance of 447.24 feet to a 15
inch Elm Tree (called 12 inch Elm Tree per said deeds for 166.48 acre tract)
found for an angle point and corner of the herein described tract;
2) North 56 degrees 21 minutes 32 seconds West, a distance of 298.97 feet to a 14
inch EIm Tree (called 12 inch EIm Tree per said deeds for 166.48 acre tract)
found for an angle point and corner of the herein described tract;
3) North 55 degrees 11 minutes 27 seconds West, a distance of 152.39 feet to a 1/2 -
inch iron rod (Control Monument) found for the southwest comer of said 166.48
acre tract and the herein described tract, said point marking the intersection of the
easterly R.O.W. line of said Great Oaks Drive and the northerly line of said Sam
Bass Road;
Page 2 of 3
Field Note Description continued
23.859 acre tract
THENCE, North 19 degrees 38 minutes 08 seconds West, with the common westerly line
of said 166.48 acre tract, and the easterly R.O.W. line of said Great Oaks Drive, a
distance of 1,294.58 feet to the POINT OF BEGINNING of the herein described tract,
encompassing within the metes recited 23.859 acres (1,039,294 square feet) of land, more
or less, based on a survey performed by The Wallace Group, Inc. in July of 2003.
NOTE: Any representation of this field note description by The Wallace Group, Inc.
dated prior to August 6, 2003 is null and void and is hereby superseded by this document.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas,
do hereby certify that this field note description was prepared from an actual survey of
the property performed on the ground and that the same is true and correct.
08-06-03
niel M. Flaherty, R.P.L.S. # $ t Date
The Wallace Group, Inc.
Old Town Square
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
Work Order No. 15641
15641-Walsh_FNO1.doc
Page 3 of 3
EXHIBIT "A"
DRAWING TO ACCOMPANY FIELD NOTE DESCRIPTION OF
' TRACT 1 - 23.859 ACRE TRACT OF LAND
Rai ROO FOND
(COT'IROL UNORURENI)
FIELD NOTE
PORT OF
BECINNINC
CPo0 (x)=3112696.52
CRIO (Y}.10168748.67
I/2' 1906 ROD FOUND
(CONTROL MONUMENT)
M 5591'27' W
152.39'
0'
• TRACT 1
r, 23.859 ACRES
z (1,039.294 SQUARE FEET)
BRUSHY CREEK NORTH SUBDIVISION
SECTION ONE
CABINET C. SUDS 303.
PARK DRIVE !so' Ro 1 ti--
` ACLS NVAYlso• n.oJ
IBLOCK 1 11 1/2' IRON RCo FOUNO
COT t LOT 2 LOT 3 1 LOT 4 LOTS COT 6 j BLOCK 5 (CONTRCL MONU141H7)
N 69'28'18' E - 625.08'�i�`' liii N 6928'1 E - 2.285.41'
t/2� IRON Roe Fame PROPOSED TRACT 2 2.624 ACRES (114,291 SQUARE FEET)
(CONTROL IMMINENT)f
94' ELN
TREY FOUND
is' am
1REE FOUND
CALLED 166.48 ACRES
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
CALLED 1848.03 ACRE TRACT OF LANO DESCRIBED IN A
GEED FROM CHARLES EDWIN WALSH AND EDITH ACNES
WALSH, A FEME SOLE TO JAMES GARLAND WALSH. FILED
FOR RECORD ON DECEMBER 3, 1957, AND RECORDED IN
VOLUME 420, PAGE 538, D.R.W.C_T.; AND BEING A
PORTION OF THE UNDIVIDED FORTY-SIX AND ONE-HALF
PERCENT INTEREST OF THAT CERTAIN CALLED 166.48
ACRE TRACT OF LANG DESCRIBED IN A GIFT DEED FROM
JAMES GARLAND WALSH AND MRDRED LUCRE WALSH TO
JAMES GARLAND WALSH. JR.. EXECUTED FEBRUARY 27.
1995, AND RECORDED IN DOCUMENT N0. 9508005.
O.R.W.C.T., SAME BEING RECORDED 04 VOLUME 2884,
PAGE 0507. D.R.W.C.T; AND BEING A PORTION OF THE
UNDIVIDED FORTY-SIX AND ONE-HALF PERCENT INTEREST
OF THAT CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A GIFT DEED FROM JAMES CAMARO WALSH
AND MILDRED LUCILE WALSH TO AVONNA EUZADETH
JAECKS, EXECUTED FEBRUARY 27. 1995, AND RECORDED
IN DOCUMENT N0. 9508006. O.R.W.C.T, SAME BEING
RECORDED W VOLUME 2684. PAGE 0511. D.R.W.C_T.; AND.
BEING A PORTION OF THE UNDIVIDED ONE AND.
ONE-HALF PERCENT 1NIEREST OF THAT CERTAIN CALLED
166.48 ACRE TRACT OF LAND DESCRIBED 1N A OFT DEED
FROM JAMES GARLAND WALSH AND MILDRED WCILE
WALSH 70 JAMES GARLAND WALSH. JR., EXECUTED APRIL
4, 1996, ANO RECORDED IN DOCUMENT NO. 9618420,
O.R.W.C.T; AND BEING A PORTION OF THE UNDIVIDED
ONE AND ONE-HALF PERCENT INTEREST OF THAT
CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED 944 A GIFT DEED FROM JAMES GARLAND WALSH
AND TAILORED LUCILE WALSH TO AVONIA ELIZABETH
JAECKS. EXECUTED APRIL 4. 1996, ANO RECORDED 1N
DOCUMENT NO. 9618421, O.R_W.C.T
5 7243'40' E
193.81'
32' UVE OAK
TREE FOUND
LEGEND
• = 112 IRON ROD FOUND UNLESS
OTHERWISE NOTED
A = CALCULATED CORNER
= DEED RECONS OF MWAMSON
COUNTY, TEXAS
P.R.W.C.T. = PLAT RECORDS OF Y8WAMSON
COUNTY, TEXAS
O.R.W.C.T_ = OFFICIAL RECORDS OF VALUAMSON
COUNTY, TEXAS
7/4
'1` TRACT 1
23.859
A
TRACT 2-
2.624 ACRES
CALLED 168.48 ACRES
BONG A nowt( Or THE
REMNNOER OF THAT CERTAIN
CALLED 1648.03 ACRE TRACT
OF LAND
The Wallace Group, Inc.
Engineers w Architects 111 Planners ■ Surveyors
Austin • Dallas . Kneen • Round Rock • Waco
One Chisholm Trot, Suite 130, Round Rock, Texas 78681
Ph. (592) 248-0065 Fax (542) 246-0359
800
SCALE L 1
A 2003 ALL RIGHTS RESERVED
PLAT NO. RR A-4079 DRAFT DATE 0R-06-03 DRAWN BY TAR
WORK ORDER NO, 15641 FIELDBOOK/PG, RR 78/35 F/N # WALCH—FNO1
DIGITAL FILE 15641 WALSH-117LE,DWG TAB # A-4079
TRACT 2
FIELD NOTE DESCRIPTION OF A
2.624 ACRE TRACT OF LAND OUT OF THE
JAMES GARLAND WALSH and MILDRED LUCILE WALSH,
JAMES GARLAND WALSH, JR. & AVONIA ELIZABETH JAECKS TRACT,
LOCATED IN WILLIAMSON COUNTY, TEXAS
BEING a 2.624 acre (114,291 square feet) tract of land situated in the Ephraim Evans
Survey, Abstract No. 212, and the William Kincaid Survey, Abstract No. 374,
Williamson County, Texas; being a portion of the remainder of that certain called
1848.03 acre tract of land described in a Deed from Charles Edwin Walsh and Edith
Agnes Walsh, a feme sole to James Garland Walsh, filed for record on December 3,
1957, and recorded in Volume 420, Page 538, Deed Records of Williamson County,
Texas (D.R.W.C.T.); and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed
February 27, 1995, and recorded in Document No. 9508005, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in•Volume 2684, Page
0507, D.R.W.C.T.; and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucite Walsh to Avonia Elizabeth Jaecks, executed
February 27, 1995, and recorded in Document No. 9508006, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page.:
0511, D.R.W.C.T.; and being a portion of the undivided one and one-half percentinterest
of that certain called 166.48 acre tract of land described in a Gift Deed from James
Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed April 4,
1996, and recorded in Document No. 9618420, O.R.W.C.T.; and being a portion of the
undivided one and one-half percent interest of that certain called 166.48 acre tract of land
described in a Gift Deed from James Garland Walsh and Mildred Lucile Walsh to Avonia.
Elizabeth Jaecks, executed April 4, 1996, and recorded in Document No. 9618421,
O.R.W.C.T.; said 2.624 acre tract being more particularly described by metes and bounds
as follows with bearings based on the Texas State Plane Coordinates NAD83/93 HARN,
Texas Central Zone, which is based upon the published positions of the City of Round
Rock Control Monuments No. 01-005, 01-031 and 01-032:
COMMENCING at a 112 -inch iron rod (Control Monument) found marking the
common northwest corner of said 166.48 acre tract as described in said Document No.s
9508005, 9508006, 9618420 and 9618421 (hereafter referred to as 166.48 acre tract), and
the southwest corner of Lot 1, Block 1, Brushy Creek North Subdivision Section One,
filed for record on April 18, 1977, and recorded in Cabinet C, Slide 303, Plat Records of
Page 1 of 3
Field Note Description continued
2.624 acre tract
Williamson County, Texas, said point being on the easterly right-of-way (R.O.W.) line of
Great Oaks Drive (a dedicated 100 foot wide R.O.W. per said Brushy Creek North
Subdivision Section One), said point being located at Texas State Plane Coordinate grid
position X=3112696.52 and Y=10168744.87;
THENCE, North 69 degrees 28 minutes 18 seconds East, with the common northerly line
of said 166.48 acre tract, and the southerly line of said Brushy Creek North Subdivision
Section One, a distance of 625.08 feet to a calculated point for the POINT OF
BEGINNING and northwest corner of the herein described tract;
THENCE, North 69 degrees 28 minutes 18 seconds East, continuing with said common
line, a distance of 2,285.41 feet to a 1/2 -inch iron rod (Control Monument) found
marking the northeast corner of said 166.48 acre tract, said point also marking a comer of
the reinainder of that certain called 474.91 acre tract of land described in a Deed from
Tom E. Nelson, Jr., Trustee #I, of Travis County, Texas to Hy -Land North' Joint Venture,
executed June 23, 1976,and recorded in Volume 639, Page 693, D.R.W.C.T.;
THENCE, South 20 degrees 33 minutes 25 seconds East, with the common easterly line
of said 166.48 acre tract, and a westerly line of the remainder of said 474.91 acre tract, a
distance of 50.00 feet to a calculated point for the southeast corner of the herein described
tract, and from which a I/2 -inch iron rod found marking the southeast corner of said
166.48 acre tract bears South 20 degrees 33 minutes 25 seconds East, at 3,150.31 feet;
THENCE, South 69 degrees 28 minutes 18 seconds West, crossing through the interior of
said 166.48 acre tract, and with a line 50 feet south of and parallel with the common
northerly line of said 166.48 acre tract, and the southerly line of said Brushy Creek North
Subdivision Section One, a distance of 2,286.22 feet to a calculated point for the
southwest corner of the herein described tract;
Page 2 of 3
Field Note Description continued
2.624 acre tract
THENCE, North 19 degrees 38 minutes 08 seconds West, a distance of 50.01 feet to the
POINT OF BEGINNING of the herein described tract, encompassing within the metes
recited 2.624 acres (114,291 square feet) of land, more or less, based on a survey
performed by The Wallace Group, Inc. in July of 2003.
NOTE: Any representation of this field note description by The Wallace Group, Inc.
dated prior to August 6, 2003 is null and void and is hereby superseded by this document.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas,
do hereby certify that this field note description was prepared from an actual survey of
the property performed on theground and that the same is true and correct.
lel M. Flaherty, R.P.L.S. #5
The Wallace Group, Inc.
Old Town Square
One Chisholm Trail, Suite 130
Round Rock, Texas 78681.
Ph. (512) 248-0065
Work Order No. 15641
15641 Watsh_FN02.doc
Page 3 of 3
08-06-03
Date
J
3
EXHIBIT `A"
DRAWING TO ACCOMPANY FIELD NOTE DESCRIPTION OF
TRACT 2 - 2.624 ACRE TRACT OF LAND
r
PARK DRIVE OWR-oir R-0.
rt)
1 I Lot 2 I LOT 3 1 LOT 4 LOT 5
BLOCK1
N 6528'18' E - 625.08'
-�Y
N
'momR00 FOUND
(CONTROL NONUL10$T)
FIELD NOTE
COMMENCING
f DINT
GRI: tx)-3112696.52
GWO (Y)=10466144.87
BRUSHY CREEK NORTH SUBDIVISION
SECRON ONE
CABINET C. SLOE 303. P.R.WC_T:
FIELD NOTE ACLE WWAY(So• A.
CK
BLO5
POINT OF
LOT 6 BECINNINC
N 693818' E - 2,28541'
TRACT 2 - 2.624 CRES 114 291 `3 ARE FEET
Crak-4-19-38•08- W - 50.01'
PROPOSED TRACT 1
23.859 ACRES
(1.039.294 SQUARE FEET)
24' ELM
TREE FOUND
15' EUA
1REE FOUND
LEGEND
•= 1/2'IRON R00 FOUND UNLESS
OTHERWISE NOTED
♦ = CALCULATED CORNER
OR.W.C.T - DEED RECORDS OF YAWAMSON
COUNTY. TEXAS
P.R.w.C.T. - PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS
0.R.W.C.T. Y OFFICIAL RECORDS OF WIL.LIAMSON
COUNTY, TEXAS
S 69.28'18" W - 2.286.22'
CALLED 166.48 ACRES
BONG A PORTION OF THE REMAINDER OF THAT CERTAIN
CALLED 1848.03 ACRE TRACT OF LAND DESCRIBED IN A
DEED FROM CHARLES EDWIN WALSH AND EDITH AGNES
WALSH. A FEME SOLE TO JAMES GARLAND WALSH. FLED
FOR RECORD ON DECEMBER 3, 1957, AND RECORDED IN
VOLUME 420, PAGE 538, D.R.W.C.T.; AND BEING A
PORTION OF THE UN011RDE0 FORTY-SIX AND ONE-HALF
PERCENT INTEREST OF THAT CERTAIN CALLED 166.48
ACRE TRACT OF LANG DESCRIBED IN A GIFT DEED FROM
JAMES GARLAND WALSH AND MILDRED LUCILE WALSH TO
JAMES GARLAND WALSH. JR.. EXECUTED FEBRUARY 27,
1995. AND RECORDED 1N DOCUMENT NO. 9508005.
O.R.W.C.L, SAME BEING RECORDED IN VOLUME 2684,
PACE 0507. D.R.W.C.T„ AND BEING A PORTION OF THE
UNDIVIDED FORTY-SIX AND ONE-HALF PERCENT INTEREST
OF THAT CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A GIFT DEED FROM JAMES GARLAND WALSH
AND 'ALDRED LUCILE WAILS/ TO AVONIA ELIZABETH
JAECKS, EXECUTED FEBRUARY 27, 1995. AND RECORDED
IN DOCUMENT 140. 9508006. O.R.W.C.T„ SAME BEING
RECORDED IN VOLUME 2684, PACE 0511. D.R.W.C.T.; AND
BEING A PORTION OF 1HE UNDIVIDED ONE AND
ONE-HALF PERCENT INTEREST OF THAT CERTAIN CALLED
166.48 ACRE TRACT OF LAND DESCRIBED IN A OFT DEED
FROM JAMES GARLAND WALSH AND MILDRED LUCILE _
WALSH 70 JAMES GARLAND WALSH, JR.. EXECUTED APRIL.
4, 1996, AND RECORDED IN DOCUMENT NO. 9618420,
O.R.W.C.T.; AND BEING A PORTION OF THE UNDIVIDED
ONE AND ONE-HALF PERCENT INTEREST OF THAT
CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A GIFT DEED FROM JAMES GARLAND WALSH
AND MILDRED LUCILE WALSH TO AVONIA ELIZABETH
JAECKS. EXECUTED APRIL 4, 1996. AND RECORDED IN
DOCUMENT NO. 9618421. O.R.W.C.T
32' LIVE OAK
TREE MIND
REMAINDER or
A CALLED 474.91 ACRES
Hy -LAND NORTH JOINT VENTURE
VOLUME 639. PAGE 693
D.R.W.C.T.
1/2' IRON ROO MHO f
(CONTROL mammon)
�rrr TRACT
T2....' rrrrr��
2.624 ACRES
1TRACT 1
23.859
6 ACRES
S
•4(%
CALLED 166.48 *CRES
130140 A PORTION OF 1H£
REMAINDER of THAT =TAW
CALLED 1841103 ACRE TRACT
06 LAND
v
t4
d
Id
0.
5 2073'25' E
50.00'
The Wallace Group, Inc.
Engineers w Architects • Planners a Surveyors
Austin • Dallas • Kneen • Round Rock • Waco
One Chisholm Trad, Suite 130. Round Rock. Texas 78681
Ph. (512) 248-0065 Fax (512) 246-0359
SCALE
0
400 800
0 2003 ALL RIGHTS RESERVED
PLAT NO. RR A-4080 DRAFT DATE OR -06-03 DRAWN BY TAB
WORK ORDER NO. 15641 FIELDBOOK/PG. RR 28/35 FM # WALSH—FN02
DIGITAL FELE 1564IWALSH—TlTLE.DWG TAB # A-4080
7
---- TRACT 3
• - .
VOL 832228
-AK,-
All of that parcel ar tract:of:land being 2:91.,acres of: .
•
land dedicated as a treatment plant site out �t And a
part of a certain 5.19 acres of land out.or i4-102:64
acre tract of land conveyedttoltay Yates bytDeed z*bitrded
in Volume 556, Page 356.othe:Deeds of RecOrrtifidlitiixt-
son County, Texas. out'nfit.he:Ifillian DuganOeiAbsanct
- No. 190, located in WilliamsonlConnty, TewailileSid 2.910
acre tract being more partleularly deseribed-Pai7thB-4ollow-
- ing metes and bounds. 7
4 BEGINNING at the steel pin4ound in thelenci,at the
southwest corner of a 102'4 :Acre tract Of lAntEcottvelred
tn-Ray Yates by Deed rine .rileVolume55terfiW1011.of
: the Deeds of Recordi-Alli rP.irCounti. Tes,40antSthe -
southwust corner and POI ABOIINUING orAdVd4.11'acre
tract of land, said point-b4ing-also located'iri-the east
boundary line of Lot 107o0Nreat Oaks SubdiV6sIon;
subdivision in WIlllamsonCounty. Texas. el'iktcoraled In
Volume 8. Page 38-47 of the -Plat Records. Williamson County.
Texas, from which,PDINT 0* the sodthwest.!nbrner.
of the Wm. Dugan Survey, Abstract 190, bears S* -176.,..20' 477. S
for.a distance ot. 4S58.5 feet. 4fthip'
TUENCE..With the West boundary line of 8110102.34aire..
tract, W13" 25* 44' W forta-distance or 407T.'WfOtt-to.e.
point for-the9northwest corner of the traer-hiiiiedekcribed.
THENCE, N 71':34' :10" E for a distance of 10017 feet to
a point for the. nertheast 'Corner of the tract'herein des-, -
cribed, said point being also located in the -edit boundary.' '
line of said 5.19 acre tract.
THENCE, along thc• east boundary line of said 5.19 acre
tract S 18' 25 44' E fora distance or 437:18 feet to a
point for the southeasr.of the tract,herstirs_der-r
cribed, said point beiagilrthe.southeastipqner of said-
-4.11 acre tract.
-:•Theficns along the south-bonndary line of Id :102.44 acce
• .
tract. same being also the south boundary line of said
5.19 acre tract S 77' 14' 04" W for a distance of 301.64
to the POINT or BEGINNNG Iand containing an',nrea.c4:1.910
acres 01 land more or less.-
•
• - tss•t-Sterri-7-•.--
•
•
•
• •
39
/6
.1---"<"
76
344
S v -r
wAsre.--4
RSR F FERN BLUE
2657/ 65
335.429 A
DATE: October 7, 2005
SUBJECT: City Council Meeting - October 13, 2005
ITEM: 10.H.4. Consider a resolution consenting to the annexation of
approximately 29.4 acres of land into the Brushy Creek
Municipal Utility District.
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The 29.4 acres to be annexed by the MUD are the sites of the New Water Treatment
facility on Sam Bass Road and the Wastewater Plant on Brushy Creek.
Funding°
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
These tracts are not contiguous to the current City Limits and there are no plans to
annex further west along Sam Bass Road.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
REQUEST FOR CONSENT TO THE ADDITION OF LAND TO BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
The undersigned Brushy Creek Municipal Utility District (herein the
"Landowner") holder of title to the land hereinafter described, as indicated by the tax rolls
of Williamson County, Texas, and acting pursuant to the provisions of Chapters 49 and
54, Texas Water Code respectfully requests the City Council of the City of Round Rock,
Texas, for its written consent to the inclusion of land in Brushy Creek Municipal Utility
District under Chapters 49 and 54, Texas Water Code by annexation of land pursuant to
the provisions of Chapters 49, Texas Water Code; and would respectfully show the
following:
I.
The boundaries of the land to be included in Brushy Creek Municipal Utility
District (the "District") are described on Exhibit "A" attached hereto. The land consists of
two tracts, both of which are located in the extraterritorial jurisdiction of the City of
Round Rock, Texas. The land is currently owned by Brushy Creek Municipal Utility
District, which is in the process of designing and constructing a municipal water treatment
plant on one of the tracts. The District owns and operates a municipal wastewater
treatment plant on the other tract.
II.
The undersigned Brushy Creek Municipal Utility District is the owner of title to all
the land and is the owner of a majority in value of the land as indicated by the tax rolls in
Williamson County, Texas. There is no lienholder on the land. There are no residents on
the land.
The District seeks annexation of the land into the District so that the lands on
which the District owns and operates its municipal water ("Tract 1" and "Tract 2")
treatment plant and wastewater treatment plant (Tract 3") are located in the corporate
boundaries of the District. There is a necessity for the inclusion of the land within the
District because the District's policy is to not provide service to lands outside the
corporate boundaries of the District unless the lands
are annexed into the District. The District desires to apply such policy to lands owned
by the District in the same manner as to privately -owned lands.
IV.
WHEREFORE, the Landowner respectfully prays that this request be heard and
that your Honorable Body duly pass and approve an ordinance or resolution granting the
consent to the inclusion of the land described herein within the District.
RESPECTFULLY SUBMITTED, this 10th day of March, 2005.
BRUSHY CREEK MUNICIPAL
UTILITY P ISTRICT
BY: l/l. . C
NAME: 31 evesiAce-,
TITLE: 6P/fit ' rr15,',{eu
Secretary
TRACT 1
FIELD NOTE DESCRIPTION OF A
23.859 ACRE TRACT OF LAND OUT OF THE
JAMES GARLAND WALSH and MILDRED LUCILE WALSH,
JAMES GARLAND WALSH, JR. & AVONIA ELIZABETH JAECKS TRACT,
LOCATED IN WILLIAMSON COUNTY, TEXAS
BEING a 23.859 acre (1,039,294 square feet) tract of land situated in the Ephraim Evans
Survey, Abstract No. 212, and the William Kincaid Survey, Abstract No. 374,
Williamson County, Texas; being a portion of the remainder of that certain called
1848.03 acre tract of land described in a Deed from Charles Edwin Walsh and Edith
Agnes Walsh, a feme sole to James Garland Walsh, filed for record on December 3,
1957, and recorded in Volume 420, Page 538, Deed Records of Williamson County,
Texas (D.R.W.C.T.); and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed
February 27, 1995, and recorded in Document No. 9508005, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page
0507, D.R.W.C.T.; and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucile Walsh to Avonia Elizabeth Jaecks, executed
February 27, 1995, and recorded in Document No. 9508006, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page
0511, D.R.W.C.T.; and being a portion of the undivided one and one-half percent interest
of that certain called 166.48 acre tract of land described in a Gift Deed from James
Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed April 4,
1996, and recorded in Document No. 9618420, O.R.W.C.T.; and being a portion of the
undivided one and one-half percent interest of that certain called 166.48 acre tract of land
described in a Gift Deed from James Garland Walsh and Mildred Lucile Walsh to Avonia
Elizabeth Jaecks, executed April 4, 1996, and recorded in Document No. 9618421,
O.R.W.C.T.; said 23.859 acre tract being more particularly described by metes and
bounds as follows with bearings based on the Texas State Plane Coordinates NAD83/93
HARN, Texas Central Zone, which is based upon the published positions of the City of
Round Rock Control Monuments No. 01-005, 01-031 and 01-032:
BEGINNING at a 1/2 -inch iron rod (Control Monument) found marking the common
northwest corner of said 166.48 acre tract as described in said Document No.s 9508005,
9508006, 9618420 and 9618421 (hereafter referred to as 166.48 acre tract), and the
southwest corner of Lot 1, Block 1, Brushy Creek North Subdivision Section One, filed
for record on April 18, 1977, recorded in Cabinet C, Slide 303, Plat Records of
Williamson County, Texas, said point being on the easterly right-of-way (R.O.W.) line of
Great Oaks Drive (a dedicated 100 foot wide R.O.W. per said Brushy Creek North
Subdivision Section One), said point also being the northwest corner of the herein
Page 1 of 3
Field Note Description continued
23.859 acre tract
described tract and being located at Texas State Plane Coordinate grid position
X=3112696.52 and Y=10168744.87;
THENCE, North 69 degrees 28 minutes 18 seconds East, with the common northerly line
of said 166.48 acre tract, and the southerly line of Block 1 of said Brushy Creek North
Subdivision Section One, a distance of 625.08 feet to a calculated point for the northeast
corner of the herein described tract, and from said point a 1/2 -inch iron rod (Control
Monument) found marking the northeast corner of said 166.48 acre tract bears North 69
degrees 28 minutes 18 seconds East, at 2,285.41 feet;
THENCE, South 19 degrees 38 minutes 08 seconds East, departing said common line,
and crossing through the interior of said 166.48 acre tract, a distance of 1,936.52 feet to a
calculated point for the southeast corner of the herein described tract, said point being on
the southerly line of said 166.48 acre tract, same being the northerly line of Sam Bass
Road — also known as F.M. 175, and from which a 32 inch Live Oak Tree (called 30 inch
Liveoak Tree per said deeds for 166.48 acre tract) found marking an angle point along the
southerly line of said 166.48 acre tract bears South 72 degrees 43 minutes 40 seconds
East, at 193.81 feet;
THENCE, with the southerly line of said 166.48 acre tract, same being the northerly line
of said Sam Bass Road, the following three (3) calls:
1) North 72 degrees 43 minutes 40 seconds West, a distance of 447.24 feet to a 15
inch Elm Tree (called 12 inch Elm Tree per said deeds for 166.48 acre tract)
found for an angle point and corner of the herein described tract;
2) North 56 degrees 21 minutes 32 seconds West, a distance of 298.97 feet to a 14
inch Elm Tree (called 12 inch Elm Tree per said deeds for 166.48 acre tract)
found for an angle point and corner of the herein described tract;
3) North 55 degrees 11 minutes 27 seconds West, a distance of 152.39 feet to a 1/2 -
inch iron rod (Control Monument) found for the southwest comer of said 166.48
acre tract and the herein described tract, said point marking the intersection of the
easterly R.O.W. line of said Great Oaks Drive and the northerly line of said Sam
Bass Road;
Page 2 of 3
(
Field Note Description continued
23.859 acre tract
THENCE, North 19 degrees 38 minutes 08 seconds West, with the common westerly line
of said 166.48 acre tract, and the easterly R.O.W. line of said Great Oaks Drive, a
distance of 1,294.58 feet to the POINT OF BEGINNING of the herein described tract,
encompassing within the metes recited 23.859 acres (1,039,294 square feet) of land, more
or less, based on a survey performed by The Wallace Group, Inc. in July of 2003.
NOTE: Any representation of this field note description by The Wallace Group, Inc.
dated prior to August 6, 2003 is null and void and is hereby superseded by this document.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas,
do hereby certify that this field note description was prepared from an actual survey of
the property performed on the ground and that the same is true and correct.
(
08-06-03
niel M. Flaherty, R.P.L.S. #5 1 1 Date
The Wallace Group, Inc.
Old Town Square
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
Work Order No. 15641
15641-Walsh_FNOI.doc
t
Page 3 of 3
EXHIBIT "A"
DRAWING TO ACCOMPANY FIELD NOTE DESCRIPTION OF
TRACT 1 - 23.859 ACRE TRACT OF LAND
PARK DRIVE (50'
I
BLOCK 1
LOT I I LOT 2 LOT 3 LOT 4
N 6928'18' E — 625.08'-....,iir—
FIELD NOTE
POINT OF
BEGINNING
ORIO (X)•3112696.52
GRID (Y) =10168744,87
N
r
GJ
0
0
1/2" IKON RO0 FOUND
(CONTROL MONUMENT)
N 5511'27" W
152.39'
LOT 5
1/2' IRON ROD FOUND
(CONTROL MONUMENT)
TRACT 1
23.859 ACRES
(1,039294 SQUARE FEET)
14' ELM
TREE FOUND
15" ELM
TREE FOUND
LEGEND
• = 1/2" IRON ROD FOUND UNLESS
OTHERWISE NOTED
A = CALCULATED CORNER
D.R.W.C.T. = DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS
P.R.W.C.T. _
0.R.W.C.T. = OFFICIAL RECORDS OF WNWAMSON
COUNTY, TEXAS
PLAT RECORDS OF %MLUAMSON
COUNTY. TEXAS
a
BRUSHY CREEK NORTH SUBDIVISION
SECTION ONE
CABINET C. SLIDE 303. P.R.W.C.T.
LOT 6
PROPOSED
ACLE WAY(so' R.o
BLOCK 5 112- IRON ROD FOUND
(CONTROL. MONUMENT)
TRACT 2 — 2.624 ACRES (114,291 SQUARE FEET) ,
N 69'28'18 t — 2,285.41'
CALLED 166.48 ACRES
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
CALLED 1848.03 ACRE TRACT OF LAND DESCRIBED IN A
DEED FROM CHARLES EDWIN WALSH AND EDITH AGNES
WALSH, A FEME SOLE TO JAMES GARLAND WALSH, FILED
FOR RECORD ON DECEMBER 3, 1957, AND RECORDED IN
VOLUME 420, PAGE 538, D.R.W.C.T.; AND BEING A
PORTION OF THE UNDIVIDED FORTY—SIX AND ONE—HALF
PERCENT INTEREST OF THAT CERTAIN CALLED 166.48
ACRE TRACT OF LAND DESCRIBED 1N A GIFT DEED FROM
JAMES GARLAND WALSH AND MILDRED LUCILE WALSH TO
JAMES GARLAND WALSH, JR., EXECUTED FEBRUARY 27.
1995. AND RECORDED IN DOCUMENT NO. 9508005,
O.R.W.C.T., SAME BEING RECORDED IN VOLUME 2684.
PAGE 0507, D.R.W.C.T.; AND BEING A PORTION OF THE
UNDIVIDED FORTY—SIX ANO ONE—HALF PERCENT INTEREST
OF THAT CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A GIFT DEED FROM JAMES GARLAND WALSH
AND MILDRED LUCILE WALSH TO AVONIA EUZABETH
JAECKS, EXECUTED FEBRUARY 27. 1995. AND RECORDED
N DOCUMENT NO. 9508006, O.R.W.C.T., SAME BEING
RECORDED IN VOLUME 2684. PAGE 0511. D.R.W.C.T.; AND
BEING A PORTION OF THE UNDIVIDED ONE AND
ONE—HALF PERCENT INTEREST OF THAT CERTAIN CALLED
166.48 ACRE TRACT OF LAND DESCRIBED IN A GIFT DEED
FROM JAMES GARLAND WALSH AND MILDRED LUCILE
WALSH TO JAMES GARLAND WALSH, JR., EXECUTED APRIL
4, 1996, AND RECORDED IN DOCUMENT NO. 9618420,
O.R.W.C.T.; ANO BEING A PORTION OF THE UNDIVIDED
ONE AND ONE—HALF PERCENT INTEREST OF THAT
CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A GIFT DEED FROM JAMES GARLAND WALSH
AND MILDRED LUCILE WALSH TO AVONIA EUZABETH
JAECKS, EXECUTED APRIL 4, 1996, AND RECORDED IN
DOCUMENT NO. 9618421, O.R.W.C.T
S 7243'40" E
193.81'
32" UVE OAK
TREE FOUND
/f TRAC 1
0 23.859
pRE
TRACT 2._
2.624 ACRES
CALLED 166.48 ACRES
BENG A PORTION OF THE
REMAINDER OF THAT CERTANi
CALLED 1848.03 ACRE TRACT
OF LAND
The Wallace Group, Inc.
Engineers • Architects • Planners • Surveyors
Austin • Dalios • new • Round Rock • Waco
One Chisholm Trak Suite 130, Round Rock, Texas 78681
Ph. (512) 248-0065 Fax (512) 246-0359
'SCALE
0
400
0 2003 ALL RIGHTS RESERVED
800 PLAT NO. RR A-4079 DRAFT DATE 08-06-03 DRAWN BY TAB
WORK ORDER NO. 15641 FIELDBOOK/PG. RR 28/35 F/N # WALSH-FNQ1
DIGITAL ALE 15641WALSH-TITLE.DWG TAB 9i A-4079
TRACT 2
MELD NOTE DESCRIPTION OF A
2.624 ACRE TRACT OF LAND OUT OF THE
JAMES GARLAND WALSH and MILDRED LUCILE WALSH,
JAMES GARLAND WALSH, JR. & AVONIA ELIZABETH JAECKS TRACT,
LOCATED IN WILLIAMSON COUNTY, TEXAS
BEING a 2.624 acre (114,291 square feet) tract of land situated in the Ephraim Evans
Survey, Abstract No. 212, and the William Kincaid Survey, Abstract No. 374,
Williamson County, Texas; being a portion of the remainder of that certain called
1848.03 acre tract of land described in a Deed from Charles Edwin Walsh and Edith
Agnes Walsh, a feme sole to James Garland Walsh, filed for record on December 3,
1957, and recorded in Volume 420, Page 538, Deed Records of Williamson County,
Texas (D.R.W.C.T.); and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed
February 27, 1995, and recorded in Document No. 9508005, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page
0507, D.R.W.C.T.; and being a portion of the undivided forty-six and one-half percent
interest of that certain called 166.48 acre tract of land described in a Gift Deed from
James Garland Walsh and Mildred Lucile Walsh to Avonia Elizabeth Jaecks, executed
February 27, 1995, and recorded in Document No. 9508006, Official Records of
Williamson County, Texas (O.R.W.C.T.), same being recorded in Volume 2684, Page
0511, D.R.W.C.T.; and being a portion of the undivided one and one-half percent interest
of that certain called 166.48 acre tract of land described in a Gift Deed from James
Garland Walsh and Mildred Lucile Walsh to James Garland Walsh, Jr., executed April 4,
1996, and recorded in Document No. 9618420, O.R.W.C.T.; and being a portion of the
undivided one and one-half percent interest of that certain called 166.48 acre tract of land
described in a Gift Deed from James Garland Walsh and Mildred Lucile Walsh to Avonia
Elizabeth Jaecks, executed April 4, 1996, and recorded in Document No. 9618421,
O.R.W.C.T.; said 2.624 acre tract being more particularly described by metes and bounds
as follows with bearings based on the Texas State Plane Coordinates NAD83/93 HARN,
Texas Central Zone, which is based upon the published positions of the City of Round
Rock Control Monuments No. 01-005, 01-031 and 01-032:
COMMENCING at a 1/2 -inch iron rod (Control Monument) found marking the
common northwest comer of said 166.48 acre tract as described in said Document No.s
9508005, 9508006, 9618420 and 9618421 (hereafter referred to as 166.48 acre tract), and
the southwest comer of Lot 1, Block 1, Brushy Creek North Subdivision Section One,
filed for record on April 18, 1977, and recorded in Cabinet C, Slide 303, Plat Records of
Page 1 of 3
(
(
(
Field Note Description continued
2.624 acre tract
Williamson County, Texas, said point being on the easterly right-of-way (R.O.W.) line of
Great Oaks Drive (a dedicated 100 foot wide R.O.W. per said Brushy Creek North
Subdivision Section One), said point being located at Texas State Plane Coordinate grid
position X=3112696.52 and Y=10168744.87;
THENCE, North 69 degrees 28 minutes 18 seconds East, with the common northerly line
of said 166.48 acre tract, and the southerly line of said Brushy Creek North Subdivision
Section One, a distance of 625.08 feet to a calculated point for the POINT OF
BEGINNING and northwest corner of the herein described tract;
THENCE, North 69 degrees 28 minutes 18 seconds East, continuing with said common
line, a distance of 2,285.41 feet to a 1/2 -inch iron rod (Control Monument) found
marking the northeast corner of said 166.48 acre tract, said point also marking a corner of
the remainder of that certain called 474.91 acre tract of land described in a Deed from
Tom E. Nelson, Jr., Trustee #1, of Travis County, Texas to Hy -Land North Joint Venture,
executed June 23, 1976, and recorded in Volume 639, Page 693, D.R.W.C.T.;
THENCE, South 20 degrees 33 minutes 25 seconds Fast, with the common easterly line
of said 166.48 acre tract, and a westerly line of the remainder of said 474.91 acre tract, a
distance of 50.00 feet to a calculated point for the southeast corner of the herein described
tract, and from which a 1/2 -inch iron rod found marking the southeast corner of said
166.48 acre tract bears South 20 degrees 33 minutes 25 seconds East, at 3,150.31 feet;
THENCE, South 69 degrees 28 minutes 18 seconds West, crossing through the interior of
said 166.48 acre tract, and with a line 50 feet south of and parallel with the common
northerly line of said 166.48 acre tract, and the southerly line of said Brushy Creek North
Subdivision Section One, a distance of 2,286.22 feet to a calculated point for the
southwest corner of the herein described tract;
Page 2 of 3
f
Field Note Description continued
2.624 acre tract
THENCE, North 19 degrees 38 minutes 08 seconds West, a distance of 50.01 feet to the
POINT OF BEGINNING of the herein described tract, encompassing within the metes
recited 2.624 acres (114,291 square feet) of land, more or less, based on a survey
performed by The Wallace Group, Inc. in July of 2003.
NOTE: Any representation of this field note description by The Wallace Group, Inc.
dated prior to August 6, 2003 is null and void and is hereby superseded by this document.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas,
do hereby certify that this field note description was prepared from an actual survey of
the property performed on the ground and that the same is true and correct.
08-06-03
'el M. Flaherty, R.P.L.S. #5 1 ' Date
The Wallace Group, Inc.
Old Town Square
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
Work Order No. 15641
15641-Walsh_FN02.doc
Page 3 of 3
v
EXHIBIT "A"
DRAWING TO ACCOMPANY FIELD NOTE DESCRIPTION OF
TRACT 2 - 2.624 ACRE TRACT OF LAND
PARK DRIVE (50' w.)
BLOCK
LOT 1 LOT 2 LOT 3 I LOT 4
N 69'28'18" E — 625.08'
1/r IRON ROO FOUND
(CONTROL MONUMENT)
FIELD NOTE
COMMENCING
F DINT
GRIO (X)..3112696.52
FRIO 01=10168744.87
BRUSHY CREEK NORTH SUBDIVISION
SEcnON ONE
CABINET C, SURE 303. P.R.W.C.T.
LOT 5
LOT 6
FIELD NOTE
POINT OF
BEGINNING
ACLE WAY(so' tL
BLOCK 5
N 6978'18' E - 2,285.41'
REMAINDER OF
-A CALLED 474.91 ACRES
HY-LAND NORTH JOINT VENTURE
VOLUME 639, PAGE 693
D.R.W.C.T.
G
PROPOSED TRACT 1
23.859 ACRES
(1,039.294 SQUARE FEET)
14'ELM
TREE FOUND
1S' ELM
TREE FOUND
2 — 2824 AC_' S (114.291
SQUARE FEET)
19'38'08 W - 50.01'
LEGEND
• • 1/2"IRON R00 FOUND UNLESS
OTHERWISE NOTED
A = CALCULATED CORNER
O.R.W.C.T. DEED RECORDS OF WILUAMSON
COUNTY, TEXAS
= PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS
O.R.W.C.T. = OFFICIAL RECORDS OF NALUAMSON
COUNTY, TEXAS
P.R.W.C.T.
S 692818 W - 2,286.22'
CALLED 166.48 ACRES
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
CALLED 1848.03 ACRE TRACT OF LAND DESCRIBED IN A
DEED FROM CHARLES EDWIN WALSH AND EDITH ACNES
WALSH, A FEME SOLE TO JAMES GARLAND WALSH. FILED
FOR RECORD ON DECEMBER 3, 1957, ANO RECORDED IN
VOLUME 420, PAGE 538, D.R.W.C.T.; AND BEING A
PORTION OF THE UNDIVIDED FORTY-SIX AND ONE-HALF
PERCENT INTEREST OF THAT CERTAIN CALLED 166.48
ACRE TRACT OF LAND DESCRIBED IN A GIFT DEED FROM
JAMES GARLAND WALSH ANO MILDRED LUCILE WALSH TO
JAMES GARLAND WALSH, JR.. EXECUTED FEBRUARY 27,
1995, AND RECORDED IN DOCUMENT NO. 9508005,
O.R.W.C.T., SAME BEING RECORDED IN VOLUME 2684,
PAGE 0507. O.R.W.C.T.; AND BEING A PORTION OF THE
UNDIVIDED FORTY-SIX ANO ONE-HALF PERCENT INTEREST
OF THAT CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A GIFT DEED FROM JAMES GARLAND WALSH
AND MILDRED LUCILE WALSH TO AVONIA ELIZABETH
JAECKS, EXECUTED FEBRUARY 27. 1995, AND RECORDED
IN DOCUMENT NO. 9508006, O.R.W.C.T., SAME BEING
RECORDED IN VOLUME 2684, PAGE 0511. D.R.W.C.T.; AND
BEING A PORTION OF THE UNDIVIDED ONE AND
ONE-HALF PERCENT INTEREST OF THAT CERTAIN CALLED
166.48 ACRE TRACT OF LAND DESCRIBED IN A GIFT DEED
FROM JAMES GARLAND WALSH AND MILDRED LUCILE
WALSH TO JAMES GARLAND WALSH. JR., EXECUTED APRIL
4. 1996, AND RECORDED IN DOCUMENT NO. 9618420,
O.R.W.C.T.; AND BEING A PORTION OF THE UNDIVIDED
ONE AN0 ONE-HALF PERCENT INTEREST OF THAT
CERTAIN CALLED 166.48 ACRE TRACT OF LAND
DESCRIBED IN A OFT DEED FROM JAMES GARLAND WALSH
AND MILDRED LUCILE WALSH TO AVONIA ELIZABETH
JAMS, EXECUTED APRIL 4, 1996, AND RECORDED 1N
DOCUMENT NO. 9618421. O.R.W.C.T
32' LIVE OM
TREE FOUNO
TRACT 25'
2.624 ACRES
TRACT 1
23.859
ACRES
CALLED 166.48 ACRES
BONG A PORTION OF THE
REMAINDER OF THAT CERTAIN
CALLED 1648.03 ACRE TRACT
OF LAND
iNkelro
1/2' IRON ROO FOUND
(CONTROL MONUMENT)
693, D.R.W.C.T.
z
S 20'33'25' E
50.00'
The Wallace Group, Inc.
Engineers . Architects • Planners • Surveyors
Austin • Dallas • Kneen • Round Rock • Waco
One Chishokn Trail, Suite 130, Round Rock, Texos 78681
Ph. (512) 248-0065 Fax (512) 246-0359
7 SCALE
0
400 800 PLAT NO. RR A-4080 DRAFT DATE 08-06-03 DRAWN BY TAB
WORK ORDER NO. 15641 FIELDBOOK/PG. RR 28/35 F/N # WALSH—FNO2
DIGITAL. FILE 15641WALSH-11TLE.DWG TAB # A-4080
0 2003 ALL RIGHTS RESERVED
VOL Eia?ri i€ 228
TRACT 3
All of that parcel dr tract:ofland being 2.0,,acres of:
land dedicated as a treatment plant site out of and a
part of a certain 5.19 acres of land out,of a;102:64.
acre tract of land conveyed;to Ray Yates by,.Deell recorded
in Volume 556, Page 358 opine:Deeds of Record`of_11i111am-
son County, Texas. out of:'the`William Dugan •Survey Abstiact
No. 190, located in Williamson ;County, Texas#`4aaid 2.910
acre tract being more particularly described'by'the'.follow-
inq metes and bounds. ;..
BEGINNING at the steel pinfound in the:fence At the
southwest corner of a 102 acre tract of 1
;and'.copveyea
to' Ray Yates by Deed recti s;! 33n Volume 556�.l 1.0W
e•.• S0. of
the Deeds of Record, Mill M' County, Tex., -ffotAe
southwest corner and POI +• : 0G1NNING of.`s':2.91 acre
tract of land, said point being also located'in-the east
boundary line of Lot 107:.of4reat Oaks Subdt4sion, a
subdivision in Willlamsoo;tounty, Texas, ie,ticorbed in
Volume 8. Page 38-47 of the -Plat Records, Williamson County,
Texas, from which POINT OF BEGINNING the southwest•'•cOrner
of the Wm. Dugan Survey, Abstract 190, bears S.'17'.20' 47" g
fora distance o: 4558.5 feat.:
THENCE, with the west boundary line of said1Q23Vaere
tract, N 13" 25' 44" W for:a-distance of 407:41?feet.to a
••- point for the northwest corner of the tract'�heseindescribed.
THENCE, N 71" 34' 16" E for a distance of 300.47 feet to
a point for the northeast Corner of the tract herein des-
cribed, said point being also located in the•east boundary
line of said 5.19 acre tract.
THENCE, along the east boundary line of said 5.19 acre
tract S 13" 25' 44" E tor a distance of 437.18 feet to a
point for the southeast co per of the tract herein...des
ng
cribod, said point beirthe southeast tner of said
5.11 acre tract. "• rt
';TNCNCF, along the south bdundary line of said 102.64 acre
tract, same being also the south boundary line of said
5.19 acre tract S 77" 14' 04" W for a distance of 301.64
to the POINT or REGINNING and containing an area cif.2.110
acres of land more or less. 4•.; •
•
EXHIBIT "C"
39
40
E.
/6
r 90
/S 5.0°
Pc 1—N, Vv
c
1,
76
So✓r H
WAS r E,. -q r 6_' A.
344
RSRF FERN BLUF
2657/65i
335.429 A
4 -
Freeman & Corbett, LLP
8500 BLUFFSTONE CV STE B104
AUSTIN, TX 78759