R-04-04-08-10C1 - 4/8/2004RESOLUTION NO. R -04-04-08-10C1
WHEREAS, the City of Round Rock ("City") wishes to enter into an
Annexation Agreement ("Agreement") with A.E. Martin ("Developer") for
a 5.26 acre tract of land, a 23.01 acre tract of land, a 2.00 acre
tract of land, and a 63.2 acre tract of land, totalling 93.5 acres of
land, more or less, for the purpose of providing for an adequate
network of wastewater service to serve the development project, and
WHEREAS, Developer wishes to convey all rights, title and
interest in said Agreement relating to the 23.01 acre tract and the
2.00 acre tract to M. Timm Development, and
WHEREAS, Section 2.A of the Agreement requires that any
assignment of the Agreement by the Developer be consented to by the
City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Annexation Agreement with A.E. Martin, a copy of
same being attached hereto as Exhibit "A" and incorporated herein for
all purposes, and
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Partial Assignment with A.E. Martin and M. Timm
Development, a copy of same being attached hereto as Exhibit "B" and
incorporated herein for all purposes
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
4PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40408C1.WPD/sc
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 8th day of April 2004
ST:
k 0a4 442
fi LL, Mayor
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sectary
2
ANNEXATION AGREEMENT
MRS. A. E. MARTIN, (hereinafter the "Developer,") and the CITY OF ROUND
ROCK, a Texas municipality of the County of Williamson, State of Texas, (hereinafter the
"City,") collectively hereinafter referred to as "the Parties," do hereby enter into this Annexation
Agreement (hereinafter the "Agreement") for the purposes of providing for an adequate network
of wastewater service to serve the development project described herein, and
Whereas, Developer is the owner of a 93.5 acre tract of land, hereinafter "the Property,"
as described in Exhibit "A", attached hereto and incorporated herein; and
Whereas, Developer has requested C-1- General Commercial zoning for 5.26 acres of
the Property (hereinafter, Tract A), MF- Multifamily zoning for 23.01 acres of the Property
(hereinafter, Tract B), Local Commercial zoning for 2.00 acres of the Property (hereinafter Tract
C), and no permanent zoning request for the 63.2 acre remainder (hereinafter, Tract D), all of
which are as described in Exhibit "B", attached hereto and incorporated herein; and
Whereas, there presently is insufficient wastewater service in the vicinity of the Property
to support the development of such land; and
Whereas, the city has proposed the construction of a wastewater main (hereinafter
referred to as the "Wastewater Main") in the vicinity of the Property to provide wastewater
service to other tracts near the property; and
Whereas, it has been determined that such Wastewater Main, if sized for such additional
service, as provided for herein, can provide wastewater service to the Property; and
Whereas, the City has conducted a study of the estimated cost of constructing the
proposed Wastewater Main; and
Whereas, the Parties agree that the commitment to pay the Fees (as defined in Section 1
below) should be paid as set out in this Agreement in order to partially offset the City's cost of
constructing said Wastewater Main; and
Whereas, the Developer, in addition to requesting annexation of 93.5 acres of the
property, is further requesting the reservation of increased wastewater capacity to serve the
Property; and
Whereas, the Parties acknowledge that the fees are proportional to the amount of
wastewater service anticipated for the proposed development of the Property; and
Whereas, the Parties are desirous of assuring that the Property is adequately provided
with wastewater service in a timely manner;
F:\Word Processing\Clients\M. Timm Development, Inc\AE Martin 25 Acs-Dev't-Annexation Agr - File No 13328\Agreements -
2004\Annexation Agreement - Final - Crossfield 3-8-04.Word.DOC
EXHIBIT
nAn
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties hereby agree as follows:
Section 1. Developer Participation Fee
A. Purpose and Basis for Fee. The City has determined and the Developer
acknowledges that the existing planned wastewater main must be extended and
sized to serve the development of the Property as intended by Developer. In
consideration for the City agreeing to 1) annex the Property, 2) oversize the
Wastewater Main and 3) to reserve to each Tract the capacities for wastewater
service as shown on Exhibit "C", Developer agrees to pay the Developer
Participation Fee in the amounts and in the manner as set forth herein.
B. Amount of Fee. Developer agrees to pay the City a Fee in the amount of $234.00
per living unit equivalent (L.U.E.) of wastewater service (the "Fee"). An L.U.E.
shall be as defined in Section 10.204(2) of the City of Round Rock's Code of
Ordinances. The Fee for each Parcel shall be as shown on Exhibit "C", attached
hereto and incorporated herein.
C. Waiver and Acknowledgment. Conditioned upon the Property being annexed into
the City, Developer and/ or Developer's successor's -in -interest (i) unconditionally
waives any claim that payment of the Fee pursuant to this Agreement constitutes
an imposition of an unauthorized impact fee within the meaning of Texas Local
Government Code, Chapter 395, or otherwise is inconsistent with such law; (ii)
unconditionally acknowledges that Fees provided for herein are proportional to
the wastewater impact anticipated from the development of the Property; and (iii)
unconditionally release and discharge the City, all its officers, officials, agents,
consultants and employees, collectively or individually, personally or in their
official capacities, from all claims, suits, or causes of any nature whatsoever,
related to, connected with, or arising from the City's requirement for the
Developer to agree to pay the Fee. Developer further acknowledges that full
impact fees, in addition to any other fees, will be due and payable when and as
required by the City of Round Rock Code of Ordinances.
D. Time for Payment. Fees for Parcels A, B, and C as shown on Exhibit "C" shall be
paid with the filing of the petition to annex any Parcel or Parcels. The Fee for
Parcel D as shown on Exhibit "C" shall be payable in full upon the filing of an
application for permanent zoning.
E. Effect of Failure to Annex
1. In the event the City fails to annex the Property, or portion thereof, as
requested by Developer within the time period required by law, Developer
may deem this Agreement null and void with respect to the Property or
2
portion thereof. Any and all fees paid pursuant to Section One of this
Agreement shall be refunded to Developer within ten (10) days after
receipt of written notice.
2. If the City fails to commence construction of said Wastewater Main within
one year of annexation, the Developer or its successors' -in -interest may
construct said Wastewater Main pursuant to City specifications. The
Developer or its successors' -in -interest shall be fully reimbursed for all
oversizing attributable to the property, upon completion and acceptance of
said Wastewater Main by the City, in accordance with Section 8.611(10)
of the Round Rock Code of Ordinances.
Section 2. General Provisions
A. Assignment. This Agreement, any part thereof, or any interest herein shall not be
assigned by Developer without the express written consent of the City. Any such
assignment shall contain a provision that the assignee waives the matters set out
in Section 1.0 herein.
B. Default Remedies for Non -Payment. If Developer fails to tender payment of Fees
pursuant to the terms of this Agreement, the City may:
1. Declare this Agreement to be in default and deny Developer access to the
Wastewater Main;
2. Exercise any other rights available under the law.
C. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties. Forbearance or indulgence by the City shall not constitute a
waiver of any covenant or condition to be performed pursuant to this Agreement.
D. Venue. Venue of any action brought hereunder shall be in Williamson County,
Texas.
E. Third Party Beneficiaries. For purposes of this Agreement, including its intended
operation and effect, the Parties specifically agree that (1) the Agreement only
affects matters/disputes between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's lender, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the City or Developer or both;
and (2) the terms of this Agreement are not intended to release, either by contract
or operation of law, any third person or entity from obligations owing by them to
either the City or Developer.
3
F. Authority to Act. The Parties each represent and warrant that the signatories on
this Agreement are authorized to execute this Agreement and bind his/her
principals to the terms and provisions hereof. Each party warrants that any action
required to be taken in order for this Agreement to be binding on it has been duly
and properly taken prior to the execution of this Agreement.
G. Incorporation of Recitals. The recitals contained at the beginning of this
Agreement shall be deemed a part of this Agreement and hereby are incorporated
by reference herein.
H. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed
as obligating the City to zone the Property in conformity with the zoning
requested by Developer.
Covenant Running With the Land. The covenants contained herein shall run with
the land and bind all successors, heirs and assignees of the property owner. In
addition, this Agreement shall be filed of record in the Real Property Records of
Williamson County, Texas as evidence thereof.
J. Dedication of Easements. Developer agrees to dedicate to the City any and all
easements needed for the provision of wastewater service to the property,
including the easement described in Exhibit "D", attached hereto and
incorporated herein.
IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in
two (2) counterparts, each of which shall be deemed an original on this the day of
, 2004.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
DEVELOPER
By:
Printed Name: Q, ;X' /h, ;4 i '
Title: /.9 w w
4
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared A [, know to me to be the person
and officer whose name is subscribed to the foregoing instrument and acknowledged to me that
AS -4.0 has authority to act on behalf of , a Texas corporation authorized to do
business in Williamson County, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I5 day ofd 1,(.
2004.
401!p,�, ANNA J. ROSIPAL
`' 1,':' = Notary Public, State of Texas
My Commission Expires
4:Mi*• March 04, 2007
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
d for the State of Texas
CITY OF ROUND ROCK
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Nyle Maxwell, know to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that same was the act of
the City of Round Rock, and that he executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
2004.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
5
Notary Public in and for the State of Texas
Notary's Printed Name
EXHIBIT "A"
Field Notes for 93.5 acres
6
M. Timm Development Inc.
93.74 Acre Remainder Tract
Old Settler's Blvd. & F.M. 1460
Round Rock, Texas
Pagc 1 of 3
EXHIBI' A
DESCRIPTION
BEING AN APPROXIMATELY 93.5 ACRE TRACT LAND SITUATED WITHIN
THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267 AND BEING THE
SAME AREA CALLED TO BE A 93.74 ACRE TRACT OF LAND CONVEYED TO
ARDALIA E. MARTIN IN A DEED RECORDED IN VOLUME 2571, PAGE 0709 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS
BEJNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: AND
:
BEGINNING at a found V2 iron rod located at the most southerly southwest corner of the remainder of
thc said 93.74 acre tract, said point lying on the northerly lint of Old Settler's Boulevard, a variable width
public right of way,
THENCE N 21" 07' 43" W along the common line between the said 93.74 acre tract and a called
32.67 acre tract described as Tract I in a deed to Gina Rene Bahr in a decd recorded in Cabinet
2000008733, D.R,W.C.T.,,a distance of 989.51 feet to a found 1/2 inch iron rod.
THENCE N 03° 53' 44" W, continuing along the common lint between the said 93.74 acre and
32.67acrc tracts, a distance of 28.20 feet to a found 1/4 inch iron rod;
THENCE S 68' 58' 49" W continuing along thc common line between the said 93.74 acre and 32.67
acre tracts, a distance of 1340.76 feet (N 71°12' E -480.5 varas) to a calculated point on the tact line of a
called 75 acre tract described as Tract II in a deed to Gina Rene Bahr in a deed recorded in Cabinet
2000008733, D.R.W.C.T.;
TIiENCE N 20° 45' 00" W along the common line between the said 93.74 acre and 75 acre tracts, a
distance of 1062.5 feet (S 19° E - 382.5 vanes) to a calculated point;
.tHENCE N 68' 33' 38" E along the north line of the said 93.74 acre tract, a distance of 2227.98 feet (S
71° W - 958 varas) to calculated point being the northwest corner of a called 1.30 tract of land conveyed
to James Franzetti and Ardalia E. Martin in a deed recorded in Document Number 2000069853 of the
D.R.W.C.T.;
THENCE S 13° 31' 24" E along the common line between the said 93.74 acre and 1.30 acre tracts, a
distance of 316.53 feet to a found V2 inch iron rod;
THENCE N 76° 46' 15" E with the conunon line between the said 1.30 acre and 93.74 acre tracts, a
distance of 13035 feet to a found 1/4 inch iron rod;
T1±ENCE N 65° 54' 11" E continuing with the common line between the said 93.74 acre and 1.30 acre
tract, and with the common line between the said 93.74 acre tract and a called 2.05 acre tract of land
conveyed to Todd Wayne Frank in a deed recorded in Document Number 2000080601 of the D.RW,C,T,
a distance of 350.69 feet to a found % inch iron rod being the northeast corner of the said 25.0I acre and
93.74 acre tracts and lying on the west line of the Rudolph Wallin Estate, being the remainder of a
160.64 acre tract as recorded in Volume 450, Pagc 114, D.R.W.C.T.;
THENCE S 21° 48' 26" E with the common line between the said Wallin tract and the 93.74 acre tracts,
a distance of 1279.45 feet to a found capped iron rod stamped "RPLS #2218";
`CJ VVV• VJ.
M. Timm Development Inc.
93.74 Acrc Remainder Tract
Old Settler's Blvd. & F.M. 1460
Round Rock, Texas
Page 2 of 3
THENCE S 21° 52' 05" E with the common line between the said Wallin tract and the 93.74 acre tracts,
a distance of 319.68 feet to a found 1 /2 inch iron rod lying on the north right of way of said P.M. 1460;
THENCE S 29° 12' 38" W along the south Iine of the said 93.74 and 525 acre tracts to the intersection
of the current north line of RM. 1460 with the north line of Old Settler's Boulevard, a
28433 feet to a found Y2 iron rod being the intersection of the current north line of F.M. 1460, a distance5 foot
public right of way in this Iocation with the north line of OId Settler's Boulevard, a variable width public
right of way;
THENCE, S 68° 52' 17" W along the south line of the remainder
Linc of Old Settler's Boulevard, a distance of 523.80 feet toouunnd y= inch 93.74
o nrod; tract with the north
THENCE S 68" 54' 33" W, continuing along the north line of Old Settler's Boulevard, a distance
275.10 fcet to a found %" iron rod; o f
THENCE S 68' 54' 43" W aloe; the north line of Old Settler's Boulevard, a distance of 341.48 feet to
the POINT OTT BEGINNING and calculated to contain 93.5 acres of land, more or less.
Bearings shown hereon arc referenced to grid north for the Texas State Plane Coordinate
Zone NAD 83/93 HARN per GPS survey performed during May, 1997. Record bearings dt System,Central
es
are shown in
SURVEYOR'S CER IFICATION
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE
RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR
ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS
i1riPLlED OR ESTABLISHED BY THE
CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED
WILLIAM A. FORSHEY
REGISTERED PROFESSIONAL L 6 SURVEYOR NO. 5097
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. MAIN STREET, SUITE 201
ROUND ROCK, TEXAS 78664
(512) 249620
W:\PROJECTS\TIMM DEVELOPMENT 25 AC TROOC193.49 acre remainder metes and bounds_doc
1369-2-001-10
EXHIBIT "B"
Parcel Descriptions
7
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EXHIBIT "C"
Fee Payment and LUE Reservation
Parcel Acres LUE's
Fee
Tract A 5.26 10
$ 2,340.00
Tract B 23.01 319
$74,646.00
Tract C 2.00 5 $ 1,170.00
Tract D 63.13 400
$93,600.00
0308%2004 MON 15:32 FAX SHEETS & CROSSFIELD P.C.
Parcel= 2
County: wi 11 i arson
owner: Ardalia E. Martin
EXHIBIT: "fl'
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.711 ACRE TRACT OF LAND
SITUATED IN THE GEORGE W. GLASSCOCK SURVEY,
ABSTRACT NO. 267, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THE REMAINDER OF A
93.74 ACRE TRACT OF LAND AS CONVEYED BY
INSTRUMENT TO ARDALIA E. MARTIN AND RECORDED
IN VOLUME 2571, PAGE 709, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.711 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING roll REFERENCE on an iron
line of old settler's Boulevard being
remainder tract, THENCE, with said
boundary line of said Martin tract
feet to a calculated point being
BEGINNING HEREOF:
Page 1 of 2
rod found in the northerly right -of -why.
the southwesterly corner of said Martin
right-of-way line being the southerly
N68'54'29"E for a distance of 499.76
the southwesterly corner and POINT OF
THENCEE departing said right-of-way line and through said Martin tract the
following 4 (four) courses as follows:
1. N05°52"49"E for a distance of 101.82 feet to a point;
2. N28°05'19"E for a distance of 405.61 feet to a point;
3. N37°41'44"E for a distance of 311.25 feet to a point;
4. N63°25'58"E for a distance of 237.14 feet to point in the easterly
boundary line of said Martin tract and also being in the westerly
boundary line of the remainder of a tract of land conveyed to Rudolph
wallin by instrument ent recorded in volume 450, Page 114 (also of record
in the Est2tte of Rudolph wallin, cause #02-0437-cP3) of said county
records and being the northerly northeast corner hereof;
5. THENCE, with said common.Martin-wallin boundary line, s21'46'47"E, for a
distance of 30.11 feet to a point being the most southerly northeast
corner hereof and from which a YF" iron rod with Texas Department of
Transportation aluminum cap found in the proposed westerly right--of-way
line of FN 1460 and being the the most southerly corner of said wallin
tract and also being the most easterly southeast corner of said Martin
tract bears .S21°46'47"F, at a distance of 295.27 feet;
b
ft
EXHIBIT
44011013
zUU4 MU\ 1S: Sz 1 -AS LSI -LUIS & (KUSSF1hLll
Parcel 2 Page 2 of 2
THENCE, departing said common martin -Wallin boundary line and through
said Martin tract the fol l owi ng 4 (four) courses as follows:
6. 563"25'58"w, for a distance of 227.77 feet to•a point;
7. s37"41'44"W, for a distance of 301.88 feet ro a point;
8. s28'05'19"w, for a distance of 397.20 feet to a point;
7. 505'52'49"W for a distance of 80,66 feet to a point in said right-of-way
line of old Settler's Boulevard and said Haran southerly boundary line
and being the southeast corner hereof;
8. THENCE. with said right-of-way line and Martin southerly boundary line,
568°54'29"w, for a distance of 33.66 feet to the POINT or BEGINNING and
containing 0.711 acre of land.
Bearings arc based on Grid Bearings, distances are surface distances,
coordinates are surface values derived from the Texas State Plane Coordinate
system, Texas central zone, NAD 83, using a CSF of 1.00012
NOTE: This easement is accompanied by a temporary construction easement being
50 feet wide, westerly of and coincident with courses labeled #1 - 4 above
(see sketch)_
This property description is accompanied by a separate plat.
That 1, M. stephen Truesdale, a Registered Professional Land surveyor, do
hereby certify that the above description is true and correct to the best of
my knowledge and belief and that the property described herein was determined
by a survey made on the ground under my direction and supervision.
wrTNEsS MY NAND AND SEAL at Round Rock, williamson County,. Texas.
fr7 1,7,,,U
H. 5 ep en Trues.a e
Registered Professional Land Surveyor No. 4933
Licensed State Land surveyor
Inland evil Associates, L.L.C.
206 west Main street
Suite 107
Round Rock, TX 78664
512-238-1200
Date
tJ U1 uta
u3%urs, ;:uu4 MU:N 10:31! 1 A). 5HEE1S & CHUSSPIELI) Y.C.
L0013/013
SKETCH TO ACCOMPANY DESCRIP .. JN
LEGEND
CALCULATED Pon
• Vt' ROH ROO FOUND UNLESS NOTED OT1EVIx
0 vie taw( ROO %TM Alt• 3£-r
LNE bRCa,c
— APTROX><4A1 E SURNIEf UNE
—C PRort7RTY LANE
BPR. BEG( FOR RO'E' C$CF
T.O.O. PoatT OR OCOR04e1111
OPRW.C:.T. OFFICIAL rJ8LE RecimoT OF
PI WLAus0N cockaY. TEXAS
NUMBER J
DIRECTION
DISTANCE
U
N OS'5E'494 Jr
10192'
L.t
3 21.4C47' 1=
301'
L3
S 05'52'494 W
00.664
L4
S 68.54'29' r
33.66'
GEORGE W GLASSCOCK
ABSTRACT No. 267
ARDALIA E. MART N
VOL. 2571, PG. 709
0.P.R.W.c.T.
B.F.R.
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THE ESTATE OF
RUDOLPH WALLIN
VOL. 450. PG_ 114
O.P.R.W.C.T,
CAUSE j 02-0437-CP3
SCQI,E: 1" e 200'
NoTES1
L BEARINGS ARE BASED ON GRO BE RIUGS. Dt4TANcE3 ARE
tURFAcE Di5TAHcrS. COORON (ATES ARE trJRFAC£ VALUES
BASCO 014 THE TEXAA& STATE PLANE c00ROfNATE SYSTE74,
HAD OS. CE TRAL ZONE iralC A cQ44o8ED suRFACE
AO.USTAIENT FACTOR OF LOOM
r.TNls :UAYEY was PERFORUED Wffl(OUT THE BENEFIT OF
A TITLE REPORT. THERE MAY BE EASEi4NTS Oct oTtiER
INSTRU(4ENT& PERTAN4iNo To T1♦rS PROPERTY THAT ARE
NOT SHOW(d HEREON.
3;g:13 /4-
11. sTEPHEKTRUEBDAL.E
REGISTERED PADFESSNONAL LINO SURVEYOR NO. 4933
UCEKsED STATE LAND 4URVEYDR
PARCEL 2
PERMANENT a TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
ARDALIA E. MARTIN
4'
r
01,
41"1-
S -EP} N TRUESOAL
4933 v-4,-
•
36223
-24+9444
Warranty Deed
Date: }nq`//3 / 9 r*
Grantor: Hazel Stark
Grantor's Mailing Address: 11401 Hilltop
Austin, Texas 787
Grantee: Ardalia E. Martin
Grantee's Mailing Address: 3201 FM 1460
Round Rock, Texaa, 78664
vol. 2571PAGE0709
Consideration:
(0,
The sum of Ten and no/100 ($10.00) Dollars and other valuable
consideration to the undersigned paid by the grantee herein
named, the receipt of which Is hereby acknowledged, including the
transfer of lien from Ardalia E. Martin, Trustee, to Hazel Stark
against lots one and two (1 & 2), Odis Fowler Addition, Travis
County Texas, which lien is secured by a promissory note with an
unpaid balance of Sixty -Four Thousand Four Hundred Ninety One
and 15/100 Dollars ($64,491.15) as of the date of transfer.
Property (including any improvements):
Being approximately 93.74 acres of land in the G. W. Glasscock
Survey, Williamson County, Texas, and being 93.74 acres remaining
of 96.74 acres of land described in two tracts in a deed from
Nelda Hamilton, et al to Stark Roofing, Inc., dated February 10,
1971, and recorded in Volume 533, Page 639, Deed Records of
Williamson County, Texas and being 93.74 acres remaining of the
96.74 acres of:land described din a deed from Stark Roofing, Inc.
to. Martin William Stark and wife, Hazel Stark, dated January 17,
1973, and recorded in volume 6128, Deed Records of Williamson
County, Texaa, reference to said instrument and its record being
hereby made for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
This deed is subject to all easements, restrictions,
conditions, covenants, and other instruments of record
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells,
1
DFFICtAL RECORDS
WIU.tM1S011 COUNTY, TEXAS
Q1.237
von: 2 5 71 PACE 0 710
and conveys to Grantee the property, together with all and
singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs,
executors, administrators, successors, or assigns forever.
Grantor binds Grantor and Grantor's heirs; executors, administra-
tors, and successors to warrant and forever defend all and singu-
lar the property to Grantee and Grantee's heirs, executors,
administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
H8cYJtyrk, Grantor
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on the
of_, 1994, by Hazel Sta
AFTER RECORDING RETURN TO:
Ardalia E. Martin,
3201 FM,1460
Austin, Texas 78664
OF TEXAS
COUNT( OF Wi USW
1 bare artily that this instrument as FILED
4 on the da and at the time st ped hereon
by me, and x duly RECORD ' in tho Volume
and Pale of the •mea R +' DS of Williamson
•
County. Texas as ped hereon by ma onCOUNTY CLER
WILLIAtdS4ii CO I .TEXAS
Notary Public, St to of Texas
5_•i. -1f0
Notary's commission expires:
2
day
PREPARED IN THE LAW OFFICE OF:
LISA DeLONG
3009 N. IH 35,
Austin, Texas 78722
•
01238
( FILED FOR fEcORD
WILLIi MSON COUNT Y. IX.'
• 1994 JUL 20 PH 3 29
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EXHIBIT
PARTIAL ASSIGNMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
A.E. Martin, in consideration of ten dollars ($10.00), the receipt and sufficiency of which
is hereby acknowledged, by this instrument grants and conveys to M. Timm Development all
rights, title and interest in and to that certain Annexatiort Agreement executed by A.E. Martin
and the City of Round Rock, Texas on MAI --1 , 200'1, a copy of which is attached to this
Assignment as Exhibit A to the extent and only to the extent that such Annexation Agreement
relates to the 23.01 acre tract and the 2.00 acre tract, more particularly described in Exhibit B.
SIGNED AND DELIVERED thislCtCday of t",,.2004.
Mrs. A.E. Martin, Assignor
Address: ,v. 00
£ € Tse
ACCEPTANCE OF ASSIGNMENT
M. Timm Development, by it's signature below accepts the partial assignment of A. E.
Martin as it relates to the 23.01 acres and 2.00 acres tracts described in Exhibit "B" and pursuant
to the requirements of the Paragraph 2A of the Annexation Agreement, waive the matters set
forth in Section 1 C of such Annexation Agreement.
SIGNED AND ACCEPTED this day of , 2004.
M. TIMM DEVELOPMENT
Assignee
By:
Name:
Title:
CONSENT TO ASSIGNMENT
The City of Round Rock, Texas (the "City"), pursuant to Section 2 General Provisions
Paragraph A, of the Annexation Agreement, by the signature below of it's proper agent and
representative, expressly consents to, and accepts the partial assignment to M. Timm
Development of all of A. E. Martin's rights, title, interest and obligations in and to that one
certain Annexation Agreement, (the "Agreement), a copy of which Agreement is attached to this
Assignment as Exhibit A, to the extent and only to the extent that such Annexation Agreement
relates to the 23.01 acre tract and the 2.00 acre tract, more particularly described in Exhibit B.
The City further acknowledges that the City accepts and agrees to be bound by the
assignment and its provisions to the extent allowed by law.
The City also acknowledges receipt of seventy-five thousand eight hundred and sixteen
dollars ($75,816.00) by check number 11397 from M. Timm Property Management as payment
in full of the Developer Participation Fee for the wastewater reservation for the 23.01 acres and
2.00 acres under the Annexation Agreement.
SIGNED AND DELIVERED this day of , 2004.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
APPROVED:
Charlie Crossfield
Attorney for the City of Round Rock
ACKNOWLEDGMENTS
STATE OF TEXAS §
WLS
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Mrs. A.E. Martin, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 kday of
AkaX(-1-- , 2004.
in and for the State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Nyle Maxwell, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that same was the act
of the City of Round Rock, and that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, 2004.
Notary Public in and for the State of Texas
Martin Annexation
93.5 Acres
Subject Tract
93.5 Acres
DATE: April 2, 2004
SUBJECT: City Council Meeting - April 8, 2004
ITEM: 10.C.1. Consider a resolution authorizing the Mayor to execute an
Annexation Agreement with A.E. Martin for 93.5 acres of land,
and a Partial Assignment with A.E. Martin and M. Timm
Development for 23.01 acres of land and 2.00 acres of land.
(A.E. Martin Tract)
Department:
Staff Person:
Justification:
Planning
Jim Stendebach, Planning Director
This will ensure equitable cost sharing of the extension of wastewater
line costs while allowing annexation to proceed in a timely fashion.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Background Information:
Public Comment:
A. E. Martin, owner
The owner of this tract totaling approximately 93 acres
wishes to annex and develop a portion of her property at
urban densities. The wastewater line in this area is not
sufficient to handle increased loads that would be
generated by this proposed development and future
development.
The owner wishes to proceed with their development
without delay and are prepared to enter into an Annexation
and Development agreement to provide their proportional
share of the cost for extending wastewater line to serve the
property. The wastewater line that is being extended to
serve the HEC will be sized to accommodate this property.
None required.
EXECUTED
DOCUMENT
FOLLOWS
III
11
11111 1111111
11111 111111
111111111111
1111!11 21RPGS
ANNEXATION AGREEMENT
2004037282
MRS. A. E. MARTIN, (hereinafter the "Developer,") and the CITY OF ROUND
ROCK, a Texas municipality of the County of Williamson, State of Texas, (hereinafter the
"City,") collectively hereinafter referred to as "the Parties," do hereby enter into this Annexation
Agreement (hereinafter the "Agreement") for the purposes of providing for an adequate network
of wastewater service to serve the development project described herein, and
Whereas, Developer is the owner of a 93.5 acre tract of land, hereinafter "the Property,"
as described in Exhibit "A", attached hereto and incorporated herein; and
Whereas, Developer has requested C-1- General Commercial zoning for 5.26 acres of
the Property (hereinafter, Tract A), MF- Multifamily zoning for 23.01 acres of the Property
(hereinafter, Tract B), Local Commercial zoning for 2.00 acres of the Property (hereinafter Tract
C), and no permanent zoning request for the 63.2 acre remainder (hereinafter, Tract D), all of
which are as described in Exhibit "B", attached hereto and incorporated herein; and
Whereas, there presently is insufficient wastewater service in the vicinity of the Property
to support the development of such land; and
Whereas, the city has proposed the construction of a wastewater main (hereinafter
referred to as the "Wastewater Main") in the vicinity of the Property to provide wastewater
service to other tracts near the property; and
Whereas, it has been determined that such Wastewater Main, if sized for such additional
service, as provided for herein, can provide wastewater service to the Property; and
Whereas, the City has conducted a study of the estimated cost of constructing the
proposed Wastewater Main; and
Whereas, the Parties agree that the commitment to pay the Fees (as defined in Section 1
below) should be paid as set out in this Agreement in order to partially offset the City's cost of
constructing said Wastewater Main; and
Whereas, the Developer, in addition to requesting annexation of 93.5 acres of the
property, is further requesting the reservation of increased wastewater capacity to serve the
Property; and
Whereas, the Parties acknowledge that the fees are proportional to the amount of
wastewater service anticipated for the proposed development of the Property; and
Whereas, the Parties are desirous of assuring that the Property is adequately provided
with wastewater service in a timely manner;
F:\Word Processing\Clients\M. Timm Development, Inc\AE Martin 25 Acs-Dev't-Annexation Agr - File No 13328\Agreements -
2004\Annexation Agreement - Final - Crossfield 3-8-04.Word.DOC
R-04-04-08- ioci
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties hereby agree as follows:
Section 1. Developer Participation Fee
A. Purpose and Basis for Fee. The City has determined and the Developer
acknowledges that the existing planned wastewater main must be extended and
sized to serve the development of the Property as intended by Developer. In
consideration for the City agreeing to 1) annex the Property, 2) oversize the
Wastewater Main and 3) to reserve to each Tract the capacities for wastewater
service as shown on Exhibit "C", Developer agrees to pay the Developer
Participation Fee in the amounts and in the manner as set forth herein.
B. Amount of Fee. Developer agrees to pay the City a Fee in the amount of $234.00
per living unit equivalent (L.U.E.) of wastewater service (the "Fee"). An L.U.E.
shall be as defined in Section 10.204(2) of the City of Round Rock's Code of
Ordinances. The Fee for each Parcel shall be as shown on Exhibit "C", attached
hereto and incorporated herein.
C. Waiver and Acknowledgment. Conditioned upon the Property being annexed into
the City, Developer and/ or Developer's successor's -in -interest (i) unconditionally
waives any claim that payment of the Fee pursuant to this Agreement constitutes
an imposition of an unauthorized impact fee within the meaning of Texas Local
Government Code, Chapter 395, or otherwise is inconsistent with such law; (ii)
unconditionally acknowledges that Fees provided for herein are proportional to
the wastewater impact anticipated from the development of the Property; and (iii)
unconditionally release and discharge the City, all its officers, officials, agents,
consultants and employees, collectively or individually, personally or in their
official capacities, from all claims, suits, or causes of any nature whatsoever,
related to, connected with, or arising from the City's requirement for the
Developer to agree to pay the Fee. Developer further acknowledges that full
impact fees, in addition to any other fees, will be due and payable when and as
required by the City of Round Rock Code of Ordinances.
D. Time for Payment. Fees for Parcels A, B, and C as shown on Exhibit "C" shall be
paid with the filing of the petition to annex any Parcel or Parcels. The Fee for
Parcel D as shown on Exhibit "C" shall be payable in full upon the filing of an
application for permanent zoning.
E. Effect of Failure to Annex
1. In the event the City fails to annex the Property, or portion thereof, as
requested by Developer within the time period required by law, Developer
may deem this Agreement null and void with respect to the Property or
2
portion thereof. Any and all fees paid pursuant to Section One of this
Agreement shall be refunded to Developer within ten (10) days after
receipt of written notice.
2. If the City fails to commence construction of said Wastewater Main within
one year of annexation, the Developer or its successors' -in -interest may
construct said Wastewater Main pursuant to City specifications. The
Developer or its successors' -in -interest shall be fully reimbursed for all
oversizing attributable to the property, upon completion and acceptance of
said Wastewater Main by the City, in accordance with Section 8.611(10)
of the Round Rock Code of Ordinances.
Section 2. General Provisions
A. Assignment. This Agreement, any part thereof, or any interest herein shall not be
assigned by Developer without the express written consent of the City. Any such
assignment shall contain a provision that the assignee waives the matters set out
in Section 1.0 herein.
B. Default Remedies for Non -Payment. If Developer fails to tender payment of Fees
pursuant to the terms of this Agreement, the City may:
1. Declare this Agreement to be in default and deny Developer access to the
Wastewater Main;
2. Exercise any other rights available under the law.
C. Waiver. No covenant or condition of this Agreement may be waived without
consent of the Parties. Forbearance or indulgence by the City shall not constitute a
waiver of any covenant or condition to be performed pursuant to this Agreement.
D. Venue. Venue of any action brought hereunder shall be in Williamson County,
Texas.
E. Third Party Beneficiaries. For purposes of this Agreement, including its intended
operation and effect, the Parties specifically agree that (1) the Agreement only
affects matters/disputes between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity,
other than Developer's lender, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the City or Developer or both;
and (2) the terms of this Agreement are not intended to release, either by contract
or operation of law, any third person or entity from obligations owing by them to
either the City or Developer.
3
F. Authority to Act. The Parties each represent and warrant that the signatories on
this Agreement are authorized to execute this Agreement and bind his/her
principals to the terms and provisions hereof. Each party warrants that any action
required to be taken in order for this Agreement to be binding on it has been duly
and properly taken prior to the execution of this Agreement.
G. Incorporation of Recitals. The recitals contained at the beginning of this
Agreement shall be deemed a part of this Agreement and hereby are incorporated
by reference herein.
H. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed
as obligating the City to zone the Property in conformity with the zoning
requested by Developer.
Covenant Running With the Land. The covenants contained herein shall run with
the land and bind all successors, heirs and assignees of the property owner. In
addition, this Agreement shall be filed of record in the Real Property Records of
Williamson County, Texas as evidence thereof.
J. Dedication of Easements. Developer agrees to dedicate to the City any and all
easements needed for the provision of wastewater service to the property,
including the easement described in Exhibit "D", attached hereto and
incorporated herein.
IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in
twA (2) cou terparts, each of which shall be deemed an original on this the o - day of
Lt_ "t ) , 2004.
DEVELOPER
By:
Printed Name: Q, i hti /4.
Title: 19 cc,ti
4
4
THE STATE OF TEXAS
COUNTY OF WIL-L-hGN
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared ,;:\ _L . ' ,Vck_ t - , know to me to be the person
and officer whose name is subscribed to the foregoing instrument and acknowledged to me that
L --ie has authority to act on behalf of , a Texas corporation authorized to do
business in Williamson County, and that he executed same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 14. day of 4, t,�t -
2004.
,,,PYP4,�i� ANNA J. ROSIPAL
''.41%,Notary Public. State of Texas
/� .. My Commission Expires
March 04, 2007
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
d for the State of Texas
CITY OF ROUND ROCK
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Nyle Maxwell, know to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that same was the act of
the City of Round Rock, and that he executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
2004.
gt/1GIVEN UNDER MY HAND AND SEAL OF OFFICE this the` day of
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
5
fttth,11L) l7)(1,1.44.1.1971 -
No ublic in and fo the State of Texas
NNP/•7 JiJ� : %�it/aP /Zsz
Notary's Printed Name
EXHIBIT "A"
Field Notes for 93.5 acres
6
03/082004 MON 15:31 FAX SHEETS & CROSSFIELD P.C.
M. Timm Development Inc.
9174 Acre RemaiudcrTract
Old Settler's Blvd_ & P.M. 1460
Round Rock, Texas
Page 1 of 3
0007/013
EXHIBIT.':A
DESCRIPTION
BEING AN APPROXIMATELY 93.5 ACRE TRACT LAND SITUATED WITHIN
THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267 AND BEING THE
SAME AREA CALLED TO BE A 93.74 ACRE TRACT OF LAND CONVEYED TO
` RDA -IA E. MARTIN INA DEED RECORDED IN VOLUME 2571, PAGE 0709 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS
BEING MORE PARTICULARLY DESCRIBE D AS FOLLOWS:
W.C.T.), AND
:
BEGINNING at a found 1/2 iron rod located at the most southerly southwest corner of the remainder of
thc said 93.74 acre tract, said point lying on the northerly lint of Old Settler's Boulevard, a variable width
public right of way,
THENCE N 21' 07' 43" W along the common line between the said 93.74 acre tract and a called
32.67 acre tract t described as Tract 1 in a deed to Gina Rene Bahr in a decd recorded in Cabinet
2000008733, D.R.W.C.T., a distance of 989..51 feet to a found 1/2 inch iron rod.
THENCE N 03° 53' 44" W, continuing along the common
32.67acrc tracts, a distance of 28.20 feet to a found 1/4 inchn rod;
line
between the said 93.74 acre and
THENCE S 68° 58' 49" W continuing along thc common line between the said 93.74 acre and 32.67
acre tracts, a distance of 1340.76 feet (N 71°12' E -480.5 varas) to a calculated point on thc east line of
called 75 acre tract described as Tract II in a deed to Gina Rene Bahr in a deed recorded in Cabinet
2000008733, D.R.W.C.T.;
!'HENCE N 20° 45' 00" W along the common line between the said 93.74 acre and 75 acre tracts, a
distance of 1062.5 feet (S 19° E - 382.5 varas) to a calculated point;
11 J NCE N 68° 33' 38" E along the north line of the said 93.74 acre tract, a distance of 2227.98 feet (S
71° W - 958 varas) to calculated point being the northwestcorner of a called 1.30 tract of land conveyed
to James Franzctti and Ardalia E. Martin in a deed recorded in Document Number 2000069853 of thc
D.R.W.C.T.;
THENCE S 13° 31' 24" E along the common line between the said 93.74 acre and 1.30 acre tracts, a
distance of 316.53 feet to a found'' V2 inch iron rod;
THENCE N 76° 46' 15" E with the common line between the said 1.30 acre and 93.74 acre tracts, a
distance of 13035 feet to a found 1/4 inch iron rod;
HENCE N 65° 54' 11" E continuing with the common line between the said 93.74 acre and 1.30 acre
tract, and with the common line between the said 93.74 acre tract and a called 2.05 acre tract of land
conveyed to Todd Wayne Frank in a deed recorded in Document Number 2000080601 of the D.R.W.C.T.
a distance of 350.69 feet to a found V2 inch iron rod being the northeast comer of the said 25.01 acre and
93.74 acre tracts and lying on the west line of the Rudolph Wallin Estate, being the remainder of a
160.64 acre tract as recorded in Volume 450, Page 114, D.R.W.C.T.;
THENCE S 21° 48' 26" E with the common Iine between the said Wallin tract and the 93.74 acre tracts,
a distance of 1279.45 feet to a found capped iron rod stamped `RPLS #/2218";
03-08.'2001 MON 15:31 FAX SHEETS & CROSSFIELD P.C.
M. Tinun Development Inc.
93.74 Acrc Remainder Tr -act
Old Settler's Blvd. & F.M. 1460
Round Rock, Texas
Page 2 of 3
THENCE S 21° 52' 05" E with the common line between the said Wallin tract and the 93.74 acre tracts
a distance of 319.68 feet to a foundl/2 inch iron rod
lying on the north right of way of said F.M. 1460;
THENCE S 29' 12' 38" W along the south Iine of the said 93.74 and 525 acre tracts to the intersection
of the current north line of F.M. 1460 with the north line of Old Settler's Boulevard, a disce
28433 feet to a found V2 iron rod being the intersection of the current north line of F.M. 1460, a125 f000t
right of way;
public right of way in this Location with the north line of OId Settler's Boulevard, a variable width public
THENCE, S 68° 52' 17" W along the south line of the remainder
Linc of Old Settler's Boulevard, a distance of 523.80 feet to a foud 14 firm iron rods re tract with the north
THENCE S 68" 54' 33" W, continuing along the north line of Old Settler's Boulevard, a distance of
275.10 fcet to a found 14" iron rod;
THENCE S 68" 54' 43" W along the north line of Old Settler's Boulevard, a distance of 341.48 feet to
the POINT OT BEGINNING and calculated to contain 93.5 acres of land, more or less.
Bearings shown hereon are referenced to grid north for the Texas State Plane Coordinate System, Central
Zone NAD 83/93 HARN per GPS survey performed during May, 1997. Record bearings and distances
are shown in parenthesis.
SURVEYOR'S CERIIIICATION
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE
RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR
ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS
IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION .FOR WHICH IT WAS PREPARED.
WILLIAM A. FORSHEY
REGISTBRI;D PROFESSIONAL L 1SURVEYOR NO. 5097
BAKER-AICICLEN & ASSOCIATES, INC.
203 E. MAIN STREET, SUTIE 201
ROUND ROCK, TEXAS 78664
(512) 244-9620
W:\PROJECIS\TIMM DEVELOPMENT' ' 25 AC TRRDOC193.49 acre rcmaiadcr mala and bau►ds.dx
1369-2-001-10
008/013
;9
EXHIBIT "B"
Parcel Descriptions
7
- 000d 'SI Y01a0l PM...) W) a',YIPl aQ c.J \9M0\i11 OY CZ 1H3Wd013A30 MJTI1\9103POdaVM
03;15%04 MON 09:50 FAX 5122449623
Baker-Alcklen/RR
Zo05
11A1£i S831113S Q10
133J 004 S3dflo3 H3NI I
tJ
WN -I
k0
oNxi r�r'
Cin ninon
N n D
.4.
3r
EXHIBIT "C"
Fee Payment and LUE Reservation
Parcel Acres LUE's Fee
Tract A 5.26 10 $ 2,340.00
Tract B 23.01 319 $74,646.00
Tract C 2.00 5 $ 1,170.00
Tract D 63.13 400 $93,600.00
03'OS'2004 MON 15:32 FAX SHEETS & CROSSFIELD P.C.
Parcel= 2
County: Williamson
owner: Ardalia E. martin
ExH]Bt-r:
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.711 ACRE TRACT OF LAND
SITUATED IN THE GEORGE W. GLASSCOCK SURVEY.
ABSTRACT NO. 267, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THE REMAINDER OF A
93.74 ACRE TRACT OF LAND AS CONVEYED BY
INSTRUMENT TO ARDALIA E. MARTIN AND RECORDED
IN VOLUME 2571, PAGE 709, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS,
SAID 0.711 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING FOR REFERENCE on an iron
line of old settler's Boulevard being
remainder tract, THENCE, with said
boundary line of said Martin tract
feet to a calculated point being
BEGINNING HEREOF:
Page 1 of 2
rod found in the northerly right-of-way
the southwesterly corner of said Martin
right-of-way line being the southerly
, N68°54'29 -E for a distance of 499.76
the southwesterly corner and POINT OF
THENCEt departing said right-of-way line and through said Martin tract the
folloanng 4 (four) courses as follows:
1. N05°52"49"E
2. N28°05'19"E
3. N37°41'44"E
for
for
for
a distance of 101.82 feet to a point;
a distance of 405.61 feet to a point;
a distance of 311.25 feet to a point;
4. N63°25'58"E for a distance of 237.14 feet to point in the easterly
boundary line of said Martin tract and also being in the westerly
boundary lime of the remainder of a tract of land conveyed to Rudolph
wallin by instrument recorded in volume 450, Page 114 (also of record
in the EstzLte of Rudolph wallin, cause #02-0437-CP3) of said county
records and being the northerly northeast corner hereof;
5. THENCE, with said common martin-wallin boundary line, s2r46'47"E, for a
distance of 30.11 feet to a point being the most southerly northeast
corner hereof and from which a W' iron rod with Texas Department of
Transportation aluminum cap found in the proposed westerly right--of-way
line of FM 1460 and being the the most southerly corner of said wallin
tract and also being the most easterly southeast corner of said Martin
tract bears s21°46'47"E, at a distance of 295.27 feet;
EXHIBIT
b
a
Z011/013
03/.08 2004 MON 15:32 FAX SHEETS & CROSSFIELD P.C.
Parcel 2 Page Z of 2
THENCE, departing said COMM martin -Wallin boundary line and through
said Martin tract the following 4 (four) courses as follows:
6. 563"25'58"w, for a distance of 227.77 feet to•a point;
7. s3T'41'44"w, for a distance of 301.88 feet to a point;
8_ s28`05'19"W, fora distance of 397.20 feet to a point;
7. 505'52'49-W for a distance of 60.66 feet to a point in said right-of-way
line of Old settler's Boulevard and said Martin southerly boundary line
and being the southeast corner hereof;
8_ THENCE, with said right-of-way line and Martin southerly boundary line.
568054'29-w, for a distance of 33.66 feet to the POINT OF BEGINNING and
containing 0.711 acre of land.
Bearings arc based on Grid Bearings, distances are surface distances,
coordinates are sjrface values derived from the Texas state Plane Coordinate
system, Texas Central zone, NAD 83, using a CSF of 1.00012
NOTE: This easement is accotapanied by a temporary construction easement being
50 feet wide, westerly of and coincident with courses labeled #1 - 4 above
(see sketch)_
This property description is accompanied by a separate plat.
That t, mi. stcphen Truesdale, a Registered Professional Land surveyor, do
hereby certify that the above description is true and correct to the best of
ray knowledge and belief and that the property described herein was determined
by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County,. Texas.
/L'7 Cfrt,1,4"
M. 5 ep en Trues a e
Registered Professional Land Surveyor No. 4833
Licensed State Laid surveyor
Inland civil Associates, L.L.c.
206 west train street
Suite 107
Round Rock, Tx 78664
512-238-1200
nate
LJO12.013
03•'OSi2004 MON 15:32 FAX SHEETS & CROSSFIELD P.C.
SKETCH TO ACCOMPANY DESCRIP..JN
LEGEND
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OPRW.0 T_ OFFTCSAL. MOM RECO DY Of
I1W M50N COUtfiY. TEXAS
NUMBER
DIRECTION
DISTANCE
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N OS'SE'4*1 E
IOLB2'
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S 21'461474 I=
SOX
L3
S C5'52.'49` W
o0.66'
L4
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GEORGE W GLASSCOCK
ABSTRACT No. 267
-ARDALIA E. MART N
VOL. 2571, PG. 709
0.P.R.W.C.T_
B.F.R.
/ a4
013/O13
THE ESTATE OF
RUDOLPH WALLIN
VOL. 450, PG_ 114
0.P.R.W C.T.
CAUSE # 02-0437-CP3
J�
INLAND CIVIL"
Vr ASSOCIATES
PswrEsslONAL LAND 3UitviNoRS
z96 W. mum tomb RAD tinr7G Tit 7166!
T tiicsianc-Izoa,man) 7]a-1 1
0461•
?i-
1
SCALE: 1" a 200'
NTCS3
1.6MIMICS ARE HASL ON GRID (WAITING& I7LSTANGES ARE
stIRFAoE DISTANCES. COORO?CATCS APE SURFACE VALUE¢
BASCO oN THE TOTALS STATE PLANE cam:MATE NATE STSTEa1,
MAI) 03.00)
cEMTRAL ZONE (J $ A C04,iO4NED SURFACE
ADJUSTMENT FACTOR OF L60012..
P.T$L SURVEY WAs PERFORMED WITHOUT THE BENEFIT OF
A TITLE REPORT. THERE 1IAT 9E EASEMENTS oa oT1iER
IN.TRU4ENTs PERTAINING To MS PROPERTY THAT AAE
NOT SHOWI-lEitEON.
/0-41 r/;61 JI/C7.(13
/1 STEP etE YmESOALE
REGISTERED PROFESSIONAL LAND St V£YOR N0. 4933
UcENsED STATE LAND St NtYoR
PARCEL 2
PERMANENT et TEMPORARY
CONSTRUCTION EASEMENT SKETCH
SHOWING PROPERTY OF
ARDALIA E. MARTIN
36223
- 2 7- eO-8$8 _24448
Warranty Deed
Date: %n,,qf//3)
Grantor: Hazel Stark
Grantor's Mailing Address: 11401 Hilltop
Austin, Texas 787
.ii&
Grantee: Ardalia 1`., Martin
Grantee's Mailing Address: 3201 FM 1460
Round Rock, Texas, 78664
voi.2571Pa6E0709
Consideration:
The sum of Ten and no/100 ($10.00) Dollars and other valuable
consideration to the undersigned paid by the grantee herein
named, the receipt of which is hereby acknowledged, including the
transfer of lien from Ardalia E. Martin, Trustee, to Hazel Stark
against lots one and two (1 & 2), Odis Fowler Addition, Travis
County Texas, which lien is secured by a promissory note with an
unpaid balance of Sixty -Four Thousand Four Hundred Ninety One
and 15/100 Dollars ($64,491.15) as of the date of transfer.
Property (including any improvements):
Being approximately 93.74 acres of land in the G. W. Glasscock
Survey, Williamson County, Texas, and being 93.74 acres remaining
of 96.74 acres of land described in two tracta in a deed from
Nelda Hamilton, et al to Stark Roofing, Inc., dated February 10,
1971, and recorded in Volume 533, Page 839, Deed Records of
Williamson County, Texas and being 93.74 acres remaining of the
96.74 acres of:land described din a deed from Stark Roofing, Inc.
to Hartin William Stark and wife, Hazel Stark, dated January 17,
1973, and recorded in volume 6128, Deed Records of Williamson
County, Texas, reference to said instrument and its record being
hereby made for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
This deed is subject to all easements, restrictions,
conditions, covenants, and other instruments of record.
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells,
1
•
OFFICIAL RECORDS
1NUAAP1S0t1 COUHTY, TEXAS
(1237
.• c
Vol; 2571PACE0710
•
and conveys to Grantee the property, together with all and
singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs,
executors, administrators, successors, or assigns forever.
Grantor binds Grantor and Grantor's heirs! executors, administra—
tors, and successors to warrant and forever defend all and singu-
lar the property to Grantee and Grantee's heirs, executors,
administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
Hzeet4, Grantorly
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on the /5 day
of_, 1994, by Hazel Sta
AFTER RECORDING RETURN TO:
Ardalia E. Martin,
3201 FH,1460
Austin, Texas 78664
OPIUM COUNTY OF WI '50.1
1 b ly that this instrument as FILED
on the d and at the time st ped hum
by meand w dulya RRECORD In OS of a am me
and Pete of the
County. Texas as •ed hereon by me. on
461,3.
, / 0/
COUNTY CLER
411LLIA.'1SOt1 CO
Notary Public, State of Texas
Notary's commission expires:
PREPARED IN THE LAW OFFICE OF:
LISA DeLONG
3009 N. IH 35,
Austin, Texas 78722
•
2
01238
•
,i___:,..:s„..,.....,...r.
,..;•.•,,.....,•...;.,,:..,_............
( 'FILED FOR RECORD ,
WILLIAMSO)i COUN Y. IX. •
vot!'2571 PACE ( .1.;1
•
JS9JUL2O PH 29
t• /I • ..!Cebta2. ilratif;•• • • •
• . Q.a
, • • .; tnuNr,y, cum, •: I
7:: I 2.• :••fi
- r. ; : • ; - • „ I . : . ,STATE OF TEXAS counrro:, VaitiO3 "
tlq1 b 1..- h . 1;:r44 c:ri!lytkt rias FILED
-.1 • e $.1 i • .„to ai;e at tin thaa tt..2pcd Liam • - • . • ,
• thl, tad vtlt occmozo re tbo •
- -3 ;.j • FarYCL,..1 Oa arzul tiscriDs of ri:Icalon • • '
.CC314. Ras, hat01) by in ' •
2 •
• : •
4-117
COWRY CLEO
munzon couury. TBUIS
' = •
• ' • : ; •• •
• 17": • •I • Or 7
, ; • 7 )•••.•:. r
. „
RECORDERS EMORANDUM
All or parts of die on this page was not
cieeriv Legible for tiefectory recordation.
0739
PARTIAL ASSIGNMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
A.E. Martin, in consideration of ten dollars ($10.00), the receipt and sufficiency of which
is hereby acknowledged, by this instrument grants and conveys to M. Timm Development all
rights, title and interest in and to that certain Annexation( Agreement executed by A.E. Martin
and the City of Round Rock, Texas on WI--- 15 , 200TJ , a copy of which is attached to this
Assignment as Exhibit A to the extent and only to the extent that such Annexation Agreement
relates to the 23.01 acre tract and the 2.00 acre tract, more particularly described in Exhibit B.
SIGNED AND DELIVERED this IN day of Lf.2004.
ac)?
Mrs. A.E. Martin, Assignor
Address: 2 4a -1Z -et
£ € 286
ACCEPTANCE OF ASSIGNMENT
M. Timm Development, by it's signature below accepts the partial assignment of A. E.
Martin as it relates to the 23.01 acres and 2.00 acres tracts described in Exhibit "B" and pursuant
to the requirements of the Paragraph 2A of the Annexation Agreement, waive the matters set
forth in Section 1 C of such Annexation Agreement.
SIGNED AND ACCEPTED this — day of , 2004.
M. TIMM DEVELOPMENT
Assignee
By:
Name:
Title:
CONSENT TO ASSIGNMENT
The City of Round Rock, Texas (the "City"), pursuant to Section 2 General Provisions
Paragraph A, of the Annexation Agreement, by the signature below of it's proper agent and
representative, expressly consents to, and accepts the partial assignment to M. Timm
Development of all of A. E. Martin's rights, title, interest and obligations in and to that one
certain Annexation Agreement, (the "Agreement), a copy of which Agreement is attached to this
Assignment as Exhibit A, to the extent and only to the extent that such Annexation Agreement
relates to the 23.01 acre tract and the 2.00 acre tract, more particularly described in Exhibit B.
The City further acknowledges that the City accepts and agrees to be bound by the
assignment and its provisions to the extent allowed by law.
The City also acknowledges receipt of seventy-five thousand eight hundred and sixteen
dollars ($75,816.00) by check number 11397 from M. Timm Property Management as payment
in full of the Developer Participation Fee for the wastewater reservation for the 23.01 acres and
2.00 acres under the Annexation Agreement.
Gam►
SIGNED AND DELIVERED this 0 -day of O /AL , 2004.
CITY OF ROUND ROCK, TEXAS
Bv:
APPROVED:
Attorney for the City of • ound Rock
Maxw , Mayor
STATE OF TEXAS
ft v S
COUNTY OF i' A -WON
ACKNOWLEDGMENTS
§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Mrs. A.E. Martin, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 15 tt day of
Z , 2004.
ANNA .1. ROSIPAL
Notary Public, State of Texas
My Commission Expires
March 04, 2007
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
in and for the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Nyle Maxwell, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that same was the act
of the City of Round Rock, and that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ` day of
2004.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
Notary Public in and for the State of Texas d'
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2004037282
05/12/2004 11:48 AM
CARRILLO $54.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
rf_e orcL re- n
r` J
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664