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O-85-2198 - 9/26/1985ORDINANCE NO. 2198 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY BY THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY," WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, ON AUGUST 22, 1985, AND RECORDED IN ORDINANCE BOOK , AT PAGE OF THE ORDINANCE RECORDS OF THE CITY OF ROUND ROCK, BY AMENDING THE PREAMBLE THERETO, AND SECTION ONE THEREOF, PERTAINING TO THE CITY OF ROUND ROCK'S CONSENT TO THE SALE OF LAND SUBJECT TO A RIGHT OF REVERSION IN THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK: I. That certain Ordinance entitled "An Ordinance Consenting to the Sale of Certain Real Property by the Old Settlers Association of Williamson County," which ordinance was passed by the City Council of the City of Round Rock, Texas, on August 22, 1985, and recorded in Ordinance Book , at Page , of the Ordinance Records of the City of Round Rock, is hereby amended in the preamble thereof, so that said preamble shall read as follows: WHEREAS, the Old Settlers Association of Williamson County, Texas ("Old Settlers"), proposes to exchange a certain tract of land ("Tract A") being more fully described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes, for a certain tract of land located east of the City of Round Rock, Texas ("Tract B"), and being more fully described in Exhibit "B" attached hereto and incorporated herein by reference for all purposes, and WHEREAS, Tract A consists of part of a tract of land conveyed by Maggie J. Harrell and husband, T. M. Harrell, to Ed R. Anderson, President of the Old Settlers Association of Williamson County, Texas, which Deed is recorded in Volume 258, Page 276 of the Deed Records of Williamson County, Texas, and part of a tract of land conveyed by Cody R. Adolphson and wife, Ruby Louise Adolphson, to The Old Settlers Association of Williamson County, Texas, which Deed is recorded in Volume 442, Page 449 of the Deed Records of Williamson County, Texas, and WHEREAS, in said Deed from Maggie J. Harrell and T. M. Harrell, recorded in Volume 258, Page 276, of the Deed Records of Williamson County, Texas, there was created in the City of Round Rock, Texas a reversionary interest in the property thereby conveyed, and WHEREAS, in said Deed from Cody R. Adolphson and Ruby Louise Adolphson, recorded in Volume 442, Page 499 of the Deed Records of Williamson County, Texas, there was created in the City of Round Rock, Texas a reversionary interest in the property thereby conveyed, and WHEREAS, Old Settlers has proposed that the City of Round Rock, Texas exchange its reversionary interest in Tract A for a substantially equivalent reversionary interest in other property acceptable to the City; and WHEREAS, the City of Round Rock, Texas understands that Old Settlers proposes to use Tract B in the same manner and for the same purposes as Old Settlers currently uses Tract A, and WHEREAS, the City of Round Rock, Texas finds that Tract B would be desirable, convenient and acceptable, and that a reversionary interest in Tract B would be substantially equivalent to a reversionary interest in Tract A, and that such an exchange would accrue to the benefit of the City of Round Rock, Texas, NOW THEREFORE, -_BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, II. That certain Ordinance entitled "An Ordinance Consenting to the Sale of Certain Real Property by the Old Settlers Association of Williamson County," which ordinance was passed by the City Council of the City of Round Rock, Texas, on August 22, 1985, and recorded in Ordinance Book , at Page , of the Ordinance Records of the City of Round Rock, is hereby amended in Section I thereof, so that said Section I shall read as follows: That the City of Round Rock, Texas hereby agrees that should Old Settlers exchange its fee simple determinable interest in Tract A for a fee simple determinable interest in Tract B the City of Round Rock, Texas will offer to exchange its reversionary interest in Tract A for a reversionary interest in other property that is substantially equivalent to the reversionary interest in Tract A; provided that such an exchange may be accomplished in accordance with applicable law. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions thereof. READ AND APPROVED on first reading this the day of September, 1985. READ, APPROVED AND ADOPTED on second reading this theeZ day of September, 1985. MIKE ROBI'SON, MAYOR CITY OF ROUND ROCK, TEXAS Attest: JANNE LAND, CITY SECRETARY •EXHIBIT '"A" FOR A 10.969-ACRE (477,788 SQ.FT.+- 15 SQ.FT.) TRACT OF LAND BEING A PORTION OF THE JACOB M. HARRELL SURVEY ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND CONVEYED TO THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, BY MAGGIE J. HARRELL, ET.AL., BY INSTRUMENT RECORDED IN VOLUME 258, PAGE 276 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING ALL OF THAT TRACT OF LANG DESIGNATED AS "TRACT 2" (1.94 ACRES) IN A DEED OF CONVEYANCE FROM CODY R. ADOLPHSON AND RUBY LOUISE ADOLPHSON TO THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, RECORDED IN VOLUME 442, PAGE 449 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 10.969-ACRE TRACT OF LAND BEING MORE' PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the westerly right-of-way line of interstate Highway No. 35 at Sta. 1340+02.80, being the most southeasterly corner of a 1.00 -acre tract of land being leased to others by The Old Settlers Association of Williamson County, Texas (not included in this survey), said iron rod found being the most northeasterly corner and POINT OF BEGINNING hereof; THENCE, with the westerly right-of-way line of I.H. No. 35 S18°15'00"E at a distance of 277.00 feet pass a concrete highway monument found at Sta. 1342+79.80, continue for a total distance of 309.90 feet to an iron rod set at Sta. 1343+12.70 for an angle point in the easterly line hereof; THENCE, continuing with said right-of-way line S02°38'28"E for a cistance of 92.11 feet to a 60d nail found in the remains of a destroyed concrete highway monument for an angle point in the easterly line hereof; THENCE, continuing with the westerly right-of-way line of I.H. No. 35 518414'03"E at 384.66 feet pass an iron rod set as witness, continue a total distance of 434.66 feet to a point in the centerline of Lake Creek being also the easterly common corner of Round Rock West Section Three Revised as recorded in Cabinet C, Slide 173' of the Plat Records of Williamson County, Texas, and the herein -described tract for -the most southeasterly corner hereof; THENCE, departing the westerly right-of-way line of 1.H. No. 35 Faith the centerline of Lake Creek being common boundary line between said Round Rack West Sec. 3 Revised and said tract of landof record in Volume 258, Page 2:6 of the Deed Records of Williamson County, Texas, S71942'00"W for a distance of 333.54 feet to a point in the centerline of Lake Creek for an angle point in the southerly line hereof; THENCE, continuing with the centerline of Lake Creek and said common boundary line S89°47'00"W for a distance of 56.42 feet to a point in the easterly right-of-way line of the Union Pacific Railroad (formerly the Georgetown branch of Missouri Pacific Railroad) for the southwesterly corner hereof; THENCE, departing the centerline of Lake Creek and said common bouncery line with the easterly right-of-way line of said Railroad 1140'14'07"W at a distance of 79.73 feet pass an iron rod set as witness to the most southwesterly corner of the herein -described tract, continue for a total distance of 277.08 feet to an iron rod set at an angle point in the easterly line of said Railroaa right-of-way for an angle point in the wester*y line hereof: THENCE, continuing with said Railroad right-of-way line (50.00 feet from and easterly of the centerline of the existing tracks) N22'54.05 -W at a distance of 135.70 feet pass a point being in* the original common boundary line between said tract of land conveyed from Harrell to Old Settlers Assoc. by instrument recorded in Volume 258, Page 276 of the Deed Records of Williamson County, Texas, and a tract of land conveyed from Dr. E.M. Burleson to John F. Adolphson by instrument recorded in Volume 184, Page 350 of the Deed Records of Williamson County, Texas, said point being also the most southerly corner of the above-mentioned 1.94 -acre tract (Volume 442, Page 449), continue a total distance of 458.81 feet to an iron rod set at a point of curvature in said railroad right-of-way for a paint of .curvature in the westerly line hereof; THENCE, with a curve to the right, being 50.00 from (radial measurement) and easterly of the existing railroad tracks, having a central angle of 04.27'39", a radius of 5679.70 feet, an arc distance of 442.20 feet and a chord which bears N20-40'14"51 for a distance of 442.09 feet to a point of tangency in said railroad right-of-way being a point of tangency in the westerly line hereof; THENCE, continuing with said railroad right-of-way line 50.00 feet easterly of and parallel with the centerline of the existing tracks N18°26'25"W for a distance of 37.38 feet to an iron rod set being a southwesterly corner of a 2.572 -acre tract of land which is a remainder portion of that land conveyed to bl4 hn F. Adolphson by Or. E.M. Burleson and wife in Volume 184, Page 350 of b +e Deed Records of Williamson County, Texas, said iron rod set being ' also the os: northerly corner of said 1.94 -acre tract of land and the most northerly corner hereof; THENCE, with com on boundary line between said 2.572 -acre tract of land and said 1.94 -acre tract S48'49'05'E for a distance of 448.40 eet to an on rod set in the original boundary line between said Harrell to Old Settlers Assoc. tract (Volume 258, Page 276) and said Adolphson to Old Settlers tract (Volume 442, Page 449) being also the southeasterly corner of Tract One referred to in said Volume 442, Page 449 for an angle point in the northerly line hereof; THENCE, N04'28'54"E for a distance of 150.58 feet to an iron rod found being the southwesterly corner of the previously -mentioned 1.00 -acre lease tract f6r an angle, paint in the northerly line hereof; THENCE, with the southerly line of said lease tract 583046'37"E fir a distance of 313.79 feet to the POINT OF BEGINNING hereof. EXHIBIT "A" EXHIBIT •°B" BEING, an undivided quarter interest (1/4) in and to 426.48 acres of land, of which 252.49 acres are situated in the Willis Donaho Jr. Survey, Abstract No. 173, and 173.79 acres are situated in the P. A. Holder Survey, Abstract No. 297 in Williamson County, Texas; said land being the remainder of that certain tract of land, called 157 acres, as conveyed to Andrew J. Palm by deed as recorded in Volume 29, Page 192, the remainder of that certain tract of land, called 193 acres, as conveyed to Miss Carolena Nelson by deed as recorded in Volume 14,. Page 760, all of that certain tract of land, called 8 1/10 acres,•as conveyed to Andre* J. Palm by deed as recorded in Volume 48, Page 115, all of that certain tract of land, called 112 acres, as conveyed to Andrew N. Palm by deed as recorded in Volume 8, Page 466, the remainder of that certain tract of land, called 28 1/5 acres, as conveyed to Andrew J. Palm by deed as recorded in Volume 13, Page 586, and the remainder of that certain tract of laxed, called 12 acres, as conveyed to Andrew J. Palm by deed as recorded in Volume 29, Page 192 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of June, 1980, under the supervision of 1)on H._ Bizzell, Registered Public Surveyor, and being more particularly described in Two Parts, as follows: `react No. 1 (424.06 Acres) BEGNNING at an iron pin found at a fence corner, on or near the North line of the P. A. Holder Survey, Abstract No. 297 and the South line of the Willis Donaho Jr. Survey, Abstract No. 173, marking the N.W. corner of the above -referenced 112 -acre ?Lim Tract, for a northwesterly corner hereof; THENCE, with a fence along the West line of the said 112 -acre tract, S 1' 54' W, 1718.31 feet to an iron pipe found, and S 1' 10' W, at 631.02 feet pass the center of Chandler Branch; said point being the S.W. corner of the said 112 -acre Tract and the N.W. corner of the above -referenced 28 1/5 -acre tract, and continuing for a total distance of 1322.72 feet, in all, to an iron pin set, for the N.E. corner of the above -referenced 12 -acre tract, and an interior corner hereof; THENCE, N 88' 50' W. 187.36 feet to a point in the center of Chandler Branch, for the most northerly N.W. corner of the said 12 -acre tract and a northwesterly corner hereof;. THENCE, .along the centerline of Chandler Branch with its meanders as follows: S 12' 12' W. 273.98 feet to an iron pin sat, and S 67' 25' W, 224.52 feet to a point set, for the most westerly N.W. corner of the said 12 -acre tract, for the most southerly N.W. corner hereof; THENCE, with a fence along the West line of the said 12 -acre tract, S 0' 19' W, at 116.0 feet pass an iron pin found, for a total distance of 995.27 feet, in all, to an iron pin found on the North line of U.S. Highway No. 79, for the S.W. corner hereof; THENCE, N 66' 12' E, 1098.21 feet, along the said North line of U.S. Highway No. 79, to an iron pin set at a cedar corner post, on the East line of the said 28 1/5 -acre tract, for the most southerly S.E. corner hereof; THENCE, with a fence along the said East line of the 28 1/5 -acre tract, as follows: N 1' 04' E, 794.90 feet to an iron pin set; S 88° 18' E, 16.74 feet to an iron pin set; N 0' 26' E, 965.47 feet to an iron pin set; and N 8' 31' E, 215.33 feet to an iron pin set in the center of Chandler Branch; said point being the N.E. corner of the said 28 1/5 -acre tract and an interior corner hereof: THENCE, along the center of Chandler Branch with its meanders as follows: 5 89° 50' E. 241.88 feet to an iron pin set; S 59' 00' E. 439.36 feet to an iron pin set; S 86' 04' E. 137.37 feet to an iron pin set; S 52' 54' E, 249.39 feet to a nail set; N 79' 17' E,'285.35 feet to an iron pin set; N 70' 27' E. 274.42 feet to an iron pin set; N 36' 41' E, 180.92 feet to a nail set;.N 11' 30' E, 216.00 feet to an iron pin set; N 44' . 18' E, 500.17 feet to an iron pin set; N 21° 29' E, 249.21 feet to a nail set; N 22' 32' W, 100.01 feet to a point; N 53' 28' E. 206.40 feet to an iron pin set; N 81' 18' E. 179.66 feet to a point; N 58' 57' E, 75.88 feet to a point; and N 89' 56' E, 72.80 feet to a point, for the S.E. corner of the said 112 -acre tract and a southeasterly corner hereof; said point also being on or near the East line of the P. A. holder Survey, Abstract No. 297; THENCE, with a fence, N 0' 49' W, 488.16 feet to an iron pin set; and N 0' 20' E. 473.04 feet to an iron pin set. for the N.E. corner of the said 112 -acre tract, and the S.Z. corner of the above -referenced 157 -acre tract; said point also being at or near the N.E. corner. of the said P. A. Holder Survey, Abstract No. 297. and the most southerly S.E. corner of the said Willis Donaho Jr. Survey, Abstract No. 173; N 14' 13' W. 346.82 feet to an iron pin stet on the top of a flood control dam; and crossing a flood control reservoir, N 7' 06' W. 1272.38 feet to an iron pin set at a fence corner marking the S.W. corner of the above -referenced 193 -acre tract, for an interior corner hereof; said point being at or near an interior corner of the said Willis Donaho Jr. Survey, Abstract No. 173; THEME. with a fence along the South line of the and along or near a southerly line of tha Willis No. 173 as follows; S 89' 15' E. 1862.09 feat to N 89° 00' E, 869.29 feat to an iron pin set,for corner hereof; EXHIBIT "B" _said 193 -acre tract Donabo Jr. Survey, Abstract an iron pin found, and the most easterly S.E. Tract No. 2 (2.42 Acres) BEGINNING at an iron pin set, for the S.E. corner of the above -referenced 28 1/5 -acre Palm Tract, for the S.E. corner hereof; THENCE, N 89' 37' W. at 561.1 feet pass the S.W. corner of the said. 29 1/5 -acre Palm Tract and the S.E. corner of the above -referenced 12 -acre Pala Tract,'for a total distance of 684.45 feet, in all, to an iron pin set on the South line of the Missouri Pacific Railroad,. for the most westerly corner hereof; THENCE, N 66° 12' E. 750.32 feet, along the said South line of the Missouri Pacific Railroad to an iron pin set on the East line of the said 28 1/5 - acre tract, for the H.E. corner hereof; THENCE, S 0' 23' W, 307.43 feet to the place of BEGINNING and containing 2.42 acres of land. THENCE, N 0' 12' E, 2,304.86 feet to an iron pin set on the South line of County Road No. 113, for the N.E. corner hereof; THENCE, along the said South line of County Road No. 113 as follows: West, 2591.08 feet to an iron pin set, S 89° 57' W, 744.72 feet to an iron pin set; N 83" 53' W, 115.44 feet to an iron pin set, and N 72° 06' W, 115.54 feet to a cut stone monument found at a fence corner, for the most northerly N.W. corner hereof; THENCE, S l' 24' W, 524.23 feet to a cut stone monument found at a fence corner, for an interior corner hereof; THENCE. S 89' 06' W, 357.56 feet to a cut stone monument found at a fence corner, marking the N.W. corner of the above -referenced 8 1/10 -acre tract, for a northwesterly corner hereof; THENCE, S 6° 29' W, 58.61 feet to a nail aet in a 12" Hackberry and S 0' 13' W. 3355.08 feet to a cut stone monument found at a fence corner marking the S.W. corner of the said 8 1/10 -acre tract; said point also being on or near the said South line of the Willis Donaho Jr. Survey, Abstract No. 173, and the said North line of the P. A. Holder Survey, Abstract No. 297, for an interior corner hereof; THENCE, with a fence along the North line of the said 112 -acre tract, 11 89' 10' W, 1603.53 feet to the place of BEGINNING and containing 424.06 acres of land. EXHIBIT "B"