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HomeMy WebLinkAboutRES 021125-5.C - ETJ Disannexation, Montalvo, 23.926 acresRESOLUTION NO. D2Lt7- -5Z- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 23.926 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL DISTRICT AS PARCELS R040576, R339302 AND R560428 AND BEING LOCALLY KNOWN AS 133 RONALD ROAD AND 140 RONALD ROAD, GEORGETOWN, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 16, 2025, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 23.926 acre tract of land in the Woodruff Stubblefield Survey (the "Petition"), a true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or residents may submit a petition seeking release of an area of land from the City's ETJ; and WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition requirements of Chapter 277 of the Election Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does hereby find that the forgoing recitals are true and correct and adopts the recitals by this reference for all purposes. SECTION 2. To the extent required by state law, the City Council does hereby adjust the boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas. SECTION 3. The City Council is not consenting to this reduction of its ETJ except as required by state law. SECTION 4. This Resolution shall take effect immediately upon its passage. Page 11 Resolution No. 0-Z1I 15 —S • (-- Release of Petition Area — Montalvo PASSED AND APPROVED by the City Council of the City of Georgetown, l (dayof 10 _ 2025. CI' By Jos ATTEST: By: ?IIJA.-- -'I Robyn Dens ore, City Secretary APPROVED AS TO FORM: By: Skye Mass , City Homey Texas, on the Page 12 Resolution No. C 21 l Z,5 - 5 • C. Release of Petition Area — Montalvo Exhibit A Petition Resolution No. Release of Petition Area G'3GCK9GOMf_ P STATE OF TEXAS § JAN 16 2025 § UTY SEC. COUNTY OF WILLIAMSON § PETITION FOR RELEASE FROM EXTRATERRITORIAL JURISDICTION ("ETJ") AREA BY LANDOWNER PURSUANT TO Chapter 42.101 SUBCHAPTER D, TEXAS Local Government Coat, The undersigned The William R. Montalvo and Jewel T. Montalvo Revocable Living Trust ("Petitioner") hereby petitions the City of Georgetown, Williamson County, Texas (the "Municipality"), to remove the below -described property from the ETJ boundaries of the Municipality as allowed by Texas Local Government Code §42.101, Subchapter D (the "Statute"), The Property is described as: AW0556 AW0556 - Stubblefield, W, Sur., ACRES 23.926, Williamson County, Texas, more particularly described by metes and bounds of such territory or plat designating such territory, attachments hereto as Exhibit A (metes and bounds, 6 pages), 13, C, D, E, which are incorporated herein by reference for all purposes. Additional attachments: F (certification of trust, 3 pages) and G (acceptance of successor trustee, 2 pages). 1. THE STATUTE APPLIES TO THE PETITIONER'S PROPERTY The Property is not area located: (1) within five miles of the boundary of a military base, as defined by Section 43,0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and (B) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a Municipality with a population of more than 1.4 million, that is: (A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and (B) in a county with a population of more than two million; (4) in an area designated as an industrial district under Section 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Section 43.0751 2. PETITION REQUIREMENTS The petition requesting release under the Statute has been signed by: (1) more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date; or (2) a majority in value of the holders of title of land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district. (3) All signature requirements under SB 2038 have been satisfied. (4) The petition includes a map of the land to be released and describes the boundaries of the land to be released by (1) metes and bounds or lot/block number if there is a recorded map or plat. Petitioner requests that the Municipality shall immediately release the area from the Municipality's extraterritorial jurisdiction. 3. MUNICIPALITY'S ACTIONS ONCE THE PETITION IS FILED The municipal secretary or other person responsible for verifying signatures shall verify the signatures contained in the Petition and notify the residents and landowners of the area described within this petition of the results of the petition. If a resident or landowner obtains the number of signatures on the petition required under Texas Local Govt. Code Section 42.104, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction. 4. MUNICIPALITY'S FAILURE TO TAKE ACTION If a Municipality fails to take action to release the Property by the later of the 45th day after the date the Municipality receives the petition or the next meeting of the Municipality's governing body that occurs after the 30th day after the date the Municipality receives the petition, the area is released by operation of law. PETITIONER: Dated January 16, 2025 The William R. Montalvo and Jewel T. Montalvo Revocable Living Trust. y Signed:�C. &t--7—ru� By: David K. Montalvo — Trustee, DOB: _ P,O. Box 1086 Georgetown TX, 78627 Fxh11dit 14 ;)uick Inc. Land Surveying. Development. Firm: 10194104 •512-915-4950 Physical Address: 831 N. Main Street, Salado 76571 Mailing Address: P.O. Box 798, Salado 76571 FIELD NOTES FOR A 23.926 ACRE TRACT OF LAND: BEING A 23.926 ACRE TRACT OF LAND, LOCATED IN THE WOODRUFF STUBBLEFIELD SURVEY, ABSTRACT NO. 556, WILLIAMSON COUNTY, TEXAS; SAID 23.926 ACRE TRACT, BEING THE REMAINING PORTION OF THAT CALLED 61.49 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2015013351, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND THE REMAINING PORTION OF THAT CALLED 16.53 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO.2015013350, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 23,926 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod located in the northwest right-of-way line of Ronald Road, being an exterior corner of the remainder of said 61.49 acre tract, the northwest corner of that called 0.52 acre access easement recorded in Document No. 2020000001, Official Public Records, Williamson County, Texas, the southeast corner of Lot H, Block 7, Of 5RM Ranch Subdivision, according to the plat of record in Cabinet B, Slide 220-221, Plat Records, Williamson County, Texas, the southwest corner of that called 8.15 acre tract of land recorded in Document No. 2016080814, Official Public Records, Williamson County, Texas, said point being an exterior corner of the herein described tract of land; l . Thence, departing the northwest right-of-way line of Ronald Road, with a northwest line of the remainder of said 61.49 acre tract, the northwest line of said 0.52 acre access easement, the southeast line of said 8.15 acre tract, N 840 58' 23" E, a distance of 350.98' (Record per Document No. 202000000: N 871 31'45" E, a distance of 350.25'), to a 1 /2" iron rod located for an interior corner of the remainder of said 61.49 acre tract, the southeast corner of said 8.15 acre tract, being in the northwest line of said 0.52 acre access easement, said point being an interior corner of the herein described tract of land; 2. Thence, with a southwest line of the remainder of said 61.49 acre tract, the northeast line of said 8.15 acre tract, N 210 42' 21" W, a distance of 1057.93' (Record per Document No. 2015013351: N 19" 01' 35" W, a distance of 1056.48'), to a 1 /2" iron rod located for the northwest corner of the remainder of said 61.49 acre tract, the northeast corner of said 8.15 acre tract, being in the southeast line of that certain 14.768 acre tract of land recorded in Document No. 2022106632, Official Public Records, Williamson County, Texas, said point being the northwest corner of the herein described tract of land; 3. Thence, with a northwest line of the remainder of said 61.49 acre tract, a northwest line of the remainder of said 16.53 acre tract, the southeast line of said 14,768 acre tract, N 850 01' 04" E, a distance of 752.43' (Record per Document No. 2022106632: N 850 02' 30" E), to a 1 /2" iron rod located for the northeast corner of the remainder of said 16.53 acre tract, the southeast corner of said 14.768 acre tract, being in the southwest line of that called 57.8787 acre tract of land recorded in Volume 2249, Page 449, Official Public Records, Williamson County, Texas, said point being the northeast corner of the herein described tract of land; Thence, with the northeast and northwest lines of the remainder of said 16.53 acre tract, the southwest and southeast lines of said 57.8787 acre tract, the following three (3) courses and distances: 4. S 2111 51' 59" E, a distance of 943.17' (Record per Volume 2249, Page 449: S190 OF 02" E), to a 6" cedar post located for an angle point of the herein described tract of land; 5. S 20' 06' 49" E, a distance of 25.83' (Record per Volume 2249, Page 449: S 17° 1552" E, a distance of 25.83), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an interior corner of the herein described tract of land; 6. N 86' 14' 03" E, a distance of 101.19' (Record per Volume 2249, Page 449: N 89' 05' 00" E, a distance of 101.19'), to a calculated point in the centerline of Mankins Branch, being an exterior corner of the remainder of said 16.53 acre tract, an exterior corner of said 57.8787 acre tract, being in a west line of that called 83.23 acre tract of land recorded in Document No. 2021118378, Official Public Records, Williamson County, Texas, said point being an exterior corner of the herein described tract of land; Thence, with the centerline of Mankins Branch, the following three (3) courses and distances: 7. SOS' 57' 45" E, a distance of 233.05' to a calculated point for an angle point of the herein described tract of land; 8. S 000 23' 38" W, a distance of 246.47' to a calculated point for an angle point of the herein described tract of land; 9. S 32' 08' 33" W, a distance of 378.89' to a calculated point in the centerline of Mankins Branch, being the southeast corner of the remainder of said 61.49 acre tract, an exterior corner of said 83,28 acre tract, being in the northeast line of that called 172.51 acre tract of land recorded in Volume 959, Page 961, Deed Records, Williamson County, Texas, said point being the southeast corner of the herein described tract of land; IO.Thence, with a southwest line of the remainder of said 61.49 acre tract, a northeast line of said 172.51 acre tract, N 60150' 29" W, passing a 1 /2" iron rod located at a distance of 47.87', continuing for a total distance of 364.38' (Record per Document No. 2020000001: N 570 50' 00" W'), to a 1/2" iron rod located for an exterior corner of the remaindcr of said 61.49 acre tract, the southeast corner of that called 2.27 acre tract of land recorded in Volume 2570, Page 831, Official Public Records, Williamson County, Texas, being in a northeast line of said 172.51 acre tract, said point being an exterior corner of the herein described tract of land; Thence, with the common boundary lines of the remainder of said 61.49 acre tract and said 2.27 acre tract, the following three (3) courses and distances: 11. N 290 22' 20" E, a distance of 274.96' (Record per Volume 2570, Page 831: N 320 10' 30" E, a distance of 275.00'), to a 1 /2" iron rod located for an interior corner of the herein described tract of land; 12. N 610 05' 17" W, a distance of 388.09' (Record per Volume 2570, Page 831: N 580 16' 30" W, a distance of 388.17'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 13.S 840 48' 30" W, a distance of 99.96' (Record per Volume 2570, Page 831: S 870 42' 30" W, a distance of 100.00'), to a 1 /2" iron rod located in a southeast line of the remainder of said 61.49 acre tract, being the northwest corner of said 2.27 acre tract, the northeast corner of that called 1.85 acre tract of land recorded in Document No. 2022047659, Official Public Records, Williamson County, Texas, said point being an angle point of the herein described tract of land; 14.Thence, with a southeast line of the remainder of said 61.49 acre tract, the northwest line of said 1.85 acre tract, S 84' 57' 10" W, a distance of 349.94' (Record per Document No. 2022047659: S 870 42' 30" W, a distance of 350.00'), to a 1 /2" iron rod located in the southeast right-of-way line of Ronald Road, being an exterior corner of the remainder of said 61.49 acre tract, the northwest corner of said 1.85 acre tract, the northeast corner of Lot I, Block 6, of said 5RM Ranch Subdivision, said point being an exterior corner of the herein described tract of land; 15.Thence, with the northeast right-of-way line of Ronald Road, a southwest line of the remainder of said 61.49 acre tract, N 21 ° 51' 54" W, a distance of 52.11' (Record per Document No. 2020000001: N 18' 59' 18" E, a distance of 52.16'), to the POINT OF BEGINNING containing 25.170 acres of land. SAVE & EXCEPT A 1.245 ACRE TRACT OF LAND: BEING A 1.245 ACRE TRACT OF LAND, LOCATED IN THE WOODRUFF STUBBLEFIELD SURVEY, ABSTRACT NO.556, WILLIAMSON COUNTY, TEXAS; SAID 1.245 ACRE TRACT, BEING ALL OF THAT CALLED 1.25 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2020000001, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 1,245 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod located for the southwest corner of said 1.25 acre tract, an interior corner of the remainder of that called 61.49 acre tract of land recorded in Document No. 2015013351, Official Public Records, Williamson County, Texas, being in the northwest line of that called 0.49 acre access easement recorded in Document No. 2020000001, Official Public Records, Williamson County, Texas said point being the southwest corner of the herein described tract of land which bears N 840 44' 46" E, a distance of 136.18' from a 1 /2" iron rod located at the interior corner of the remainder of said 61.49 acre tract and southeast corner of that called 8.15 acre tract of land recorded in Document No. 2016080814, Official Public Records, Williamson County, Texas; Thence, with the common boundary lines of said 1.25 acre tract, the following three (3) courses and distances: l . N 040 30' 10" E, a distance of 321.91' (Record: N 07" 03' 20" E, a distance of 323.21'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for the northwest corner of the herein described tract of land which bears S 40' 22' 01" E, a distance of 852.50' from a 1 /2" iron rod located for the northwest corner of the remainder of said 61.49 acre tract and the northeast corner of said 8.15 acre tract: 2. S 85' 32' 57" E, a distance of 160.00' (Record: S 820 56' 40" E, a distance of 160.00'), to a 1 /2" iron rod located for the northeast corner of the herein described tract of land which bears S 02' 59' 06" W, a distance of 728.28' from a 1 /2" iron rod located for the northeast corner of the remaining portion of that called 16.53 acre tract of land recorded in Document No. 2015013350, Official Public Records, Williamson County, Texas; 3. S 040 27' 03" W, a distance of 378.83' (Record: S 070 03' 20" W, a distance of 380.72'), to a 1 /2" iron rod located in the northeast line of that called 0.49 acre access easement recorded in Document No. 2020000001, Official Public Records, Williamson County, Texas, said point being the southeast corner of the herein described tract of land which bears N 560 26' 47" W, a distance of 232.89' from a 1 /2" iron rod located for an exterior corner of said 0.49 acre access easement; Thence, with the common boundary lines of said 1.25 acre tract and said 0.49 acre access easement, the following two (2) courses and distances: 4. N 560 18' 09" W, a distance of 132.25' (Record per Doc. No. 2020000001: N 530 38' 31" W, a distance of 132.47), to a 1/2" iron rod located, said point being an angle point of the herein described tract of land; 5. S 840 43' 17" W, a distance of 45.55' (Record per Doc. No. 2020000001: S 870 42' 21" W, a distance of 45.08'), to the POINT OF BEGINNING containing 1.245 acres of land. Gross Acreage: 25.170 Acres Save & Except: 1.245 Acres Net Acreage: 23.926 Acres Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot, Grid. A survey plat was prepared by a separate document. OF ...................... TRAVIS L. OUICKSAL c Travis L.L. Quicksall RPLS 4b447 Date: 1 / 13/2025 Job #24-0357 9 1 at.t FI ; ''tii� ��� i i lin tt • �� i(ti t► 449�aE7 fl4tl ? 1Ci �� �9 1 tk Y ��gkFP$F4E Ie i� _ GIs � ]1 E-Ak6i� C W C- 4 D Red Z-D�R:o3oa @ vi x m U m vl (j X C � W H C Z E O �a Z w L S yy LL $ F N C l7 v t cij30 M a I V Uu o�= cc 0 m1� 00 �D J �•�d c L .o V Z O a i A �7 c o " Z E ° cc O u w o d Z w W) Ali 7 M1 N d OIL a � lz � t� �• ry�P pA23p1 rv, r , ; �C, �r pNIP ro 1 ry ^oy Rpa'tZ�2 ry°' coati 1-8 r0 C m E m E a E mn N !E N m m E xhl CR0795 I o kE 0.51 �o � of o An a � E m 0 � o m g E GL E w � E E 0 O A N YN7 a O N di 2 0 6 0 13 40 � a 40 o �JvLtb2� Vr-y. ix Ln O CERTIFICATION OF TRUST for the WILLIAM R. MONTALVO AND JEWEL T. MONTALVO REVOCABLE LIVING TRUST I. Trust Name. The WILLIAM R. MONTALVO AND JEWEL T. MONTALVO REVOCABLE LIVING TRUST (referred to herein as the "Trust") is the subject of this Certification of Trust. II. Date Trust Instrument Was Executed. The Trust was created under a trust agreement which is dated May 5, 2005 (referred to herein as the "Trust Agreement"). The Trust currently exists. The trust was subsequently amended on February 23, 2015. III. Settlors. The Settlors (referred to herein as the "Settlors") of the Trust are: WILLIAM R. MONTALVO and JEWEL T. MONTALVO WILLIAM R. MONTALVO died on June 15, 2020. JEWEL T. MONTALVO resigned as Trustee in favor of her son, DAVID K. MONTALVO, as Successor Trustee on August 1, 2022. IV. Trustee. The Trust is currently being managed by the following Trustee (referred to herein as the "Trustee"): DAVID K. MONTALVO, P.O. Box 1086, Georgetown, Texas 78627 The following is a summary of the successor trustee provisions found in the Trust Agreement: If DAVID K. MONTALVO dies, resigns, becomes incapacitated, or otherwise fails or ceases to serve as Trustee of the Trust, then the Settlors' daughter, LINDA K. FERRELL, shall become Trustee of such trust. If LINDA K. FERRELL fails to qualify, dies, resigns, becomes incapacitated, or otherwise fails or ceases to serve as Trustee of the Trust, then the Settlors' daughter, HOLLY A. MAHAGAN, shall become Trustee of such trust. V. Powers of Trustee. The Trust provides that the Trustee shall have all the powers and authorities conferred upon trustees by statute or common law in any jurisdiction in which the Trustee may act, including all powers and authorities conferred by the Texas Trust Code and by any future amendments thereto, except for any instance in which such powers and authorities may conflict with the express provisions of the Trust Agreement, in which case the express provisions of the Trust Agreement shall control. The Trustee of the Trust is authorized to acquire, sell, convey, encumber, lease, borrow, manage, and otherwise deal with interests in real and personal property in the name of the Trust. All powers of the Trustee are fully set forth in the Trust Agreement. VI. Revocability. While both of the Settlors are living, the Settlors acting jointly may by acknowledged instrument alter, arnend, revoke or terminate the Trust on thirty days' notice to the Trustee (unless waived). VII. Right To Use Principal Residence The Settlors or other primary beneficiary have the right to use and occupy real or personal property owned by any trust created by the Trust as the Settlors' or such prirnary beneficiary's principal residence rent free and without charge (or at no cost), except for taxes and other costs and expenses specified in the Trust or ordered by a court, for life or until the Trust is revoked or terminated, whichever occurs first. It is the intention of the Settlors that all eligible real or personal property which is owned by a trust created by the Trust shall qualify for the homestead exemption and that such trust shall be a "qualifying trust" as defined and described in Section 11.130) of the Texas Tax Code and, if applicable, Section 41.0021 of the Texas Property Code. VIII. Authority of Co -Trustees When co -trustees are serving, each such trustee shall have the authority to sign or otherwise authenticate documents alone and independently of the other trustees then serving, without the necessity of consultation with or approval of any other co -trustee or co -trustees. Any document signed or otherwise authenticated by a co -trustee with the authority to act alone and independently shall be valid and effective for all purposes as if signed or otherwise authenticated by all such trustees. IX. Manner in Which Title Should Be Taken. The full legal name of the Trust for purposes of transferring assets into the Trust, holding title of assets, and conducting business for and on behalf of the Ti ust, is: DAVID K. MONTALVO, Trustee of the WILLIAM R. MONTALVO AND JEWEL T. MONTALVO REVOCABLE LIVING TRUST" X. No Revocation Modification or Amendment. The Trust has not been revoked, modified or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect. In addition, there have been no amendments limiting the powers of the Trustee over the property of the Trust. XI. Validity of Copies of This Certification of Trust A copy of this Certification of Trust shall be just as valid as the original. 2 IN WITNESS WHEREOF, the Trustee has signed this Certification of Trust as of the date of the notary's acknowledgment below. 04-5t-- I-rvfp, DAVID K. MONTALVO, Trustee STATE OF TEXAS § COUNTY OF WILLIAMSON § Before me, the undersigned authority, on this day personally appeared DAVID K. MONTALVO, who produced a driver's license issued by Texas that contained his photograph and signature as identification thereby proving him to be the person whose name is subscribed to the foregoing instrument as Trustee, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 91, 1 Given under my hand and seal of office, on � 3 07� f�,GLt« •y e�0 ary Public, tate of Texas !� JAMEE ALLEN "LACK u�\ NOTARY PUBLIC STATE OF TEXAS 10 # 793877-0 My Comm. Expires 03-07-2027 3 F�xh4;f C. RESIGNATION OF TRUSTEE AND ACCEPTANCE OF SUCCESSOR TRUSTEE STATE OF TEXAS § COUNTY OF WILLIAMSON § WHEREAS, WILLIAM R. MONTALVO and JEWEL T. MONTALVO established a revocable trust known as the WILLIAM R. MONTALVO AND JEWEL T. MONTALVO REVOCABLE LIVING TRUST (the "Trust"); WHEREAS, the Trust was originally created on May 5, 2005, and then subsequently amended by an instrument dated February 23, 2015; WHEREAS, JEWEL T. MONTALVO is presently serving as Trustee of the Trust, following the resignation of Co -Trustee WILLIAM R. MONTALVO, on April 29, 2017; WHEREAS, JEWEL T. MONTALVO is the sole Surviving Trustor of the Trust, following the death of Co-Trustor WILLIAM R. MONTALVO on June 15, 2020; WHEREAS, ARTICLE ONE of the Trust provides that a trustee may resign such trustee's position; WHEREAS, JEWEL T. MONTALVO desires to resign as Trustee of the Trust; WHEREAS, the FIRST AMENDMENT TO THE WILLIAM R. MONTALVO AND JEWEL T. MONTALVO REVOCABLE LIVING TRUST, dated February 23, 2015, provides that DAVID K. MONTALVO shall serve as the Successop Trustee of all trusts created by the Trust Agreement upon the Surviving Trustor ceasing to serve as Trustee of the Trust; and WHEREAS, DAVID K. MONTALVO is able and willing to serve as Successor Trustee of the Trust. NOW, THEREFORE, in consideration of the foregoing, the undersigned parties agree to the following: (1) JEWEL T. MONTALVO hereby resigns as Trustee of the Trust; (2) DAVID K. MONTALVO hereby agrees to serve as Successor Trustee of the Trust; and (3) DAVID K. MONTALVO hereby accepts the duties and responsibilities of serving as Successor Trustee of the Trust. 1 EXECUTED on the dates of each of the acknowledgments hereafter set forth. J&#QEL T. MONTALV as Surviving Trustor and as Resigning Trustee DAVID K. MONTALVO, as Successor Trustee STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on �— 2022, by JEWEL T. MONTALVO, as Surviving Trustor and as Resigning ( ustee. BONNIE RAE SIVERTSEN Notary Public, State of Texas Comm. Expires t p-26 2024 Notary ID 10656264 STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on / DAVID K. MONTALVO, as Successor Trustee. r, BONNIE RAE SIVERTSEN Notary Public, State of Texas Comm. Expires 10-26.2024 Y '...• tom. Notary ID 10858264 2 2022, by Exhibit B Legal Description and Map Resolution No. Release of Petition Area FAA; 6i t f} r*)uickInc. Land Surveying. Development. Firm: 10194104 • 512-915-4950 Physical Address: 831 N. Main Street, Salado 76571 Mailing Address: P.O. Box 798, Salado 76571 FIELD NOTES FOR A 23.926 ACRE TRACT OF LAND: BEING A 23.926 ACRE TRACT OF LAND, LOCATED IN THE WOODRUFF STUBBLEFIELD SURVEY, ABSTRACT NO. 556, WILLIAMSON COUNTY, TEXAS; SAID 23,926 ACRE TRACT, BEING THE REMAINING PORTION OF THAT CALLED 61.49 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO, 2015013351, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AND THE REMAINING PORTION OF THAT CALLED 16.53 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2015013350, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 23.926 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod located in the northwest right-of-way line of Ronald Road, being an exterior corner of the remainder of said 61.49 acre tract, the northwest corner of that called 0.52 acre access easement recorded in Document No. 2020000001, (-ffiriol Piihli(- Records, Williamson County, Texas, the southeast corner of Lot H, Block 7, Of 5RM Ranch Subdivision, according to the plat of record in Cabinet B, Slide 220-221, Plat Records, Williamson County, Texas, the southwest corner of that called 8.15 acre tract of land recorded in Document No. 2016080814, Official Public Records, Williamson County, Texas, said point being an exterior corner of the herein described tract of land; Thence, departing the northwest right-of-way line of Ronald Road, with a northwest line of the remainder of said 61.49 acre tract, the northwest line of said 0.52 acre access easement, the southeast line of said 8.15 acre tract, N 840 58' 23" E, a distance of 350.98' (Record per Document No. 202000000: N 870 31' 45" E, a distance of 350.25'), to a 1 /2" iron rod located for an interior corner of the remainder of said 61.49 acre tract, the southeast corner of said 8.15 acre tract, being in the northwest line of said 0.52 acre access easement, said point being an interior corner of the herein described tract of land; 2. Thence, with a southwest line of the remainder of said 61.49 acre tract, the northeast line of said 8.15 acre tract, N 21' 42' 21" W, a distance of 1057.93' (Record per Document No. 2015013351: N 190 01' 35" W, a distance of 1056.48'), to a 1 /2" iron rod located for the northwest corner of the remainder of said 61.49 acre tract, the northeast corner of said 8.15 acre tract, being in the southeast line of that certain 14.768 acre tract of land recorded in Document No. 2022106632, Official Public Records, Williamson County, Texas, said point being the northwest corner of the herein described tract of land; 3. Thence, with a northwest line of the remainder of said 61.49 acre tract, a northwest line of the remainder of said 16.53 acre tract, the southeast line of said 14,768 acre tract, N 850 01' 04" E, a distance of 752.43' (Record per Document No. 2022106632: N 85' 02' 30" E), to a 1 /2" iron rod located for the northeast corner of the remainder of said 16.53 acre tract, the southeast corner of said 14.768 acre tract, being in the southwest line of that called 57.8787 acre tract of land recorded in Volume 2249, Page 449, Official Public Records, Williamson County, Texas, said point being the northeast corner of the herein described tract of land; Thence, with the northeast and northwest lines of the remainder of said 16.53 acre tract, the southwest and southeast lines of said 57.8787 acre tract, the following three (3) courses and distances: 4. S 210 51' 59" E, a distance of 943.17' (Record per Volume 2249, Page 449: S19' 01' 02" E), to a 6" cedar post located for an angle point of the herein described tract of land; 5. S 20' 06' 49" E, a distance of 25.83' (Record per Volume 2249, Page 449: S 17' 1552" E, a distance of 25.83'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an interior corner of the herein described tract of land; 6. N 860 14' 03" E, a distance of 101.19' (Record per Volume 2249, Page 449: N 890 05' 00" E, a distance of 101.19'), to a calculated point in the centerline of Mankins Branch, being an exterior corner of the remainder of said 16.53 acre tract, an exterior corner of said 57,8787 acre tract, being in a west line of that called 83,23 acre tract of land recorded in Document No. 2021118378, Official Public Records, Williamson County, Texas, said point being an exterior corner of the herein described tract of land; Thence, with the centerline of Mankins Branch, the following three (3) courses and distances: 7. S 050 5745" E, a distance of 233.05' to a calculated point for an angle point of the herein described tract of land; 8. S 000 23' 38" W, a distance of 246.47' to a calculated point for an angle point of the herein described tract of land; 9. S 32' 08' 33" W, a distance of 378.89' to a calculated point in the centerline of Mankins Branch, being the southeast corner of the remainder of said 61.49 acre tract, an exterior corner of said 83,28 acre tract, being in the northeast line of that called 172.51 acre tract of land recorded in Volume 959, Page 961, Deed Records, Williamson County, Texas, said point being the southeast corner of the herein described tract of land; 10.Thence, with a southwest line of the remainder of said 61.49 acre tract, a northeast line of said 172.51 acre tract, N 60' 50' 29" W, passing a 1 /2" iron rod located at a distance of 47.87', continuing for a total distance of 364.38' (Record per Document No. 2020000001: N 57" 50' 00" W'), to a 1 /2" iron rod lucaled fur un exterior corner of the remainder of said 61.49 acre tract, the southeast corner of that called 2.27 acre tract of land recorded in Volume 2570, Page 831, Official Public Records, Williamson County, Texas, being in a northeast line of said 172.51 acre tract, said point being an exterior corner of the herein described tract of land; Thence, with the common boundary lines of the remainder of said 61.49 acre tract and said 2.27 acre tract, the following three (3) courses and distances: 11. N 290 22' 20" E, a distance of 274,96' (Record per Volume 2570, Page 831: N 320 10' 30" E, a distance of 275.00'), to a 1/2" iron rod located for an interior corner of the herein described tract of land; 12. N 61" 05' 17" W, a distance of 388.09' (Record per Volume 2570, Page 831: N 580 16' 30" W, a distance of 388.17'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 13.S 840 48' 30" W, a distance of 99.96' (Record per Volume 2570, Page 831: S 870 42' 30" W, a distance of 100.00'), to a 1 /2" iron rod located in a southeast line of the remainder of said 61.49 acre tract, being the northwest corner of said 2.27 acre tract, the northeast corner of that called 1.85 acre tract of land recorded in Document No. 2022047659, Official Public Records, Williamson County, Texas, said point being an angle point of the herein described tract of land; 14.Thence, with a southeast line of the remainder of said 61.49 acre tract, the northwest line of said 1.85 acre tract, S 8411 57' 10" W, a distance of 349.94' (Record per Document No. 2022047659: S 870 42' 30" W, a distance of 350.00'), to a 1 /2" iron rod located in the southeast right-of-way line of Ronald Road, being an exterior corner of the remainder of said 61.49 acre tract, the northwest corner of said 1.85 acre tract, the northeast corner of Lot I, Block 6, of said 5RM Ranch Subdivision, said point being an exterior corner of the herein described tract of land; 15.Thence, with the northeast right-of-way line of Ronald Road, a southwest line of the remainder of said 61.49 acre tract, N 21' 51' 54" W, a distance of 52.11' (Record per Document No. 2020000001: N 18' 59' 18" E, a distance of 52.16'), to the POINT OF BEGINNING containing 25.170 acres of land. SAVE & EXCEPT A 1.245 ACRE TRACT OF LAND: BEING A 1.245 ACRE TRACT OF LAND, LOCATED IN THE WOODRUFF STUBBLEFIELD SURVEY, ABSTRACT NO.556, WILLIAMSON COUNTY, TEXAS; SAID 1.245 ACRE TRACT, BEING ALL OF THAT CALLED 1.25 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2020000001, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 1.245 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod located for the southwest corner of said 1.25 acre tract, an interior corner of the remainder of that called 61.49 acre tract of land recorded in Document No. 2015013351, Official Public Records, Williamson County, Texas, being in the northwest line of that called 0.49 acre access easement recorded in Document No. 2020000001, Official Public Records, Williamson County, Texas said point being the southwest corner of the herein described tract of land which bears N 840 44' 46" E, a distance of 136.18' from a 1 /2" iron rod located at the interior corner of the remainder of said 61.49 acre tract and southeast corner of that called 8.15 acre tract of land recorded in Document No. 2016080814, Official Public Records, Williamson County, Texas; Thence, with the common boundary lines of said 1.25 acre tract, the following three (3) courses and distances: N 040 30' 10" E, a distance of 321.91' (Record: N 070 03' 20" E, a distance of 323.21'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for the northwest corner of the herein described tract of land which bears S 400 22' 01" E, a distance of 852.50' from a 1 /2" iron rod located for the northwest corner of the remainder of said 61.49 acre tract and the northeast corner of said 8.15 acre tract: 2. S 850 32' 57" E, a distance of 160.00' (Record: S 82' 56' 40" E, a distance of 160.00'), to a 1 /2" iron rod located for the northeast corner of the herein described tract of land which bears S 02' 59' 06" W, a distance of 728.28' from a 1 /2" iron rod located for the northeast corner of the remaining portion of that called 16.53 acre tract of land recorded in Document No. 2015013350, Official Public Records, Williamson County, Texas; 3. S 040 27' 03" W, a distance of 378.83' (Record: S 070 03' 20" W, a distance of 380.72'), to a 1 /2" iron rod located in the northeast line of that called 0.49 acre access easement recorded in Document No. 2020000001, Official Public Records, Williamson County, Texas, said point being the southeast corner of the herein described tract of land which bears N 560 26' 47" W, a distance of 232.89' from a 1 /2" iron rod located for an exterior corner of said 0.49 acre access easement; Thence, with the common boundary lines of said 1.25 acre tract and said 0.49 acre access easement, the following two (2) courses and distances: 4. N 560 18' 09" W, a distance of 132.25' (Record per Doc. No. 2020000001: N 530 38' 31 " W, a distance of 132.47'), to a 1 /2" iron rod located, said point being an angle point of the herein described tract of land; 5. S 84' 43' 17" W, a distance of 45.55' (Record per Doc. No. 2020000001: S 870 42' 21"W, a distance of 45.08'), to the POINT OF BEGINNING containing 1.245 acres of land. Gross Acreage: 25.170 Acres Save & Except: 1.245 Acres Net Acreage: 23.926 Acres Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot, Grid. A survey plat was prepared by a separate document. OF J 1Tf AVIS. L. UUICKSALL ':.0 8447 .....•. 0 Travis L. Quicksall RPLS It6447 Date: 1 /13/2025 Job #24-0357 I! t + i L ' � � 4F' {.R t��; � is Itt It o1ii-i 1 `1 .$��► s j;•t f ! ! t _ 4 g YEtI��IF1S1 E{�.t Oft i((a�ja� Hi�if p.g �" • • �:. ... �.. ,::,mil+ i I t:t9 '� i b � 1,������� ai 1i► 4t FD t �t .,ts t C1.-A Rib RIB � 1 Ir lij c 8! `a5Ts a 4 �4z ��� a5 �► i t ,. sYa� 11 C— WC, 4 D Re At Z-o # 1?33r3oa -E416- -- Ln o • Oty r ' i ti CM1 N 01 � r 'n r J,r w cr �tf, Z• �P r� aej �o `I a°a2.OIL ' �" ''✓' �� tr Oay300 Ob ii, i Q- 2 � _ C��d,�29 O� p� n�0 ME