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HomeMy WebLinkAboutRES 062425-5.G - ETJ Disannexation - Lisa Renee McRorety Zirkle and Don Niel Zirkle - 10.00 acresRESOLUTION NO. OG;Z q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 10.00 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL DISTRICT AS PARCELS R039398, R310892 AND R310602 AND BEING LOCALLY KNOWN AS 3681 COUNTY ROAD 245, FLORENCE, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 9, 2025, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 10.00 acre tract of land in the Charles H. Delaney 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 I 1 Resolution No. mzi;o Release of Petition Area — Zirkle PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the 22-1 .,dayof ^Sia.,r.� _ .2025. CITY OF'GE)ORGETOWN, TEXAS By: Josh Schroe er, Mayor ATTEST: By: �; — Robyn Dens re, Ci�Secr�etaryv APPROVED AS TO FORM: By: Skye Ma on, C y Attorney Page 12 Resolution No. unz4 J-Jr Release of Petition Area - Zirkle Exhibit A Petition Resolution No. %2y a S - S. Gi Release of Petition Area June 4, 2025 VIA OVERNIGHT DELIVERY AND EMAIL (cs@georgetown.org) Ms. Karen Frost City of Georgetown 808 Martin Luther King Jr. Street Georgetown, TX 78626 Re: Petition for Release of an Area from the Extraterritorial Jurisdiction Dear Ms. Frost: Please find enclosed, for consideration by the Mayor and City Council of the City of Georgetown, Texas (the "City"), one original of a Petition for Release of an Area from a Municipality's Extraterritorial Jurisdiction relating to 10.0 acres of land located in the City's extraterritorial jurisdiction (the "Land"). In accordance with Section 42.105(c) of the Local Government Code, we respectfully request that the City take official action to release the Land from the City's extraterritorial jurisdiction. Should you have any questions, or need additional information regarding this matter or the enclosed document, please feel free to call me at (512) 975-2243. Thank you for your attention to this matter. Sincerely, Bre tley Brinegar, Broker Enclosure 401 W Anderson Ave, Round Rock, TX 78664 PETITION FOR RELEASE OF AN AREA FROM A MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS COUNTY OF W I I TAMSON TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: LISA RENEE MCROREY ZIRKLE AND DON NIEL ZIRKLE (the "Petitioners"), acting pursuant to the provisions of Subchapter D, Chapter 42, Texas Local Government Code, together with all amendments and additions thereto, respectfully petition this City Council to release the 10.00 acres of land described by metes and bounds in Exhibit A and shown on the map attached as Exhibit B (the "Land"), attached hereto and incorporated herein for all purposes, from the extraterritorial jurisdiction of the City of Georgetown, Texas (the "City'D, and in support of this petition the Petitioners represent, covenant, and agree as follows: I. The Petitioners hold fee simple title to the Land, and hereby represent that (1) with respect to Tax Parcels R310892, R310602 and R039398, Lisa Renee McRorey Zirkle and Don Niel Zirkle own a majority in value of the Land, to be released from the extraterritorial jurisdiction of the City as indicated by the General Warranty Deed, attached hereto as Exhibit C. II. The Petitioners represent that the Land is not located within five (5) miles of the boundary of a military base, as defined by Section 43.0117 of the Texas Local Government Code, at which an active training program is conducted. The Petitioners represent that the Land has not been voluntarily annexed into the extraterritorial jurisdiction that is located in a county (a) in which the population grew by more than fifty percent (50%) from the previous federal decennial census in the federal decennial census conducted in 2020; and (b) that has a population of greater than 240,000, The Petitioners represent that the Land is not 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 of the Texas Local Government Code, at which an active training prol; ain is conducted; and (b) in a county with a population of more than two million. V. The Petitioners represent that the Land is not in an area desi.,pi lteci as an industrial district under Section 42.944 of the Texas Local Government Code. VI. The Petitioners represent that the Land is not in an area subject to a strategic partnership agreement entered into under Section 43.0751 of the Texas Local Government Code. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City immediately release the Land from its extraterritorial jurisdiction, as required by Section 42.105(c) of the Texas Local Government Code, as it exists today and kom any future expansions of the City's extraterritorial jurisdiction whether by annexation or pursuant to Section 42.021 of the Texas Local Goverment Code. If the City fails to release the Land from its extraterritorial jurisdiction by the later of forty-five (45) days from the date it receives the petition or the next meeting of im.micipa ity's governing body that occurs after the 30th day after the date the City receives this petition, the Land shall be released from the City's extraterritorial jurisdid icon by operation of law. [EXECUTION PAGES FOLLOW] RESPECTFULLY SUBMITTED on / 2025 By. ,-5, e. tik es Lisa RM=Mdk&jZjMe DOB: Residence �._ address: J`" UJ&xt ��l�raY�i -7-K Date of Signing: 40/l12s- THE STATE OF TEXAS This instrument was acknowledged before me on JIA I`Q 2025, by Lisa Renee McRorey Zirkle (NOTARY SEAL) ,�`"rP". VANESSA RIOS Notary Public, State of Texas Comm. Expires 09 09-2028 Notary ID 129110442 Notary Public, State of Texas Residence address: Date of Signing: THE STATE OF TEXAS COUNTY OF Me rra i 1 This instrument was acknowledged before me on p h� ,1 2025, by Don Niel Zirkle (NOTARY SEAL) VANESSA RIOS Notary Public, State of 7oxas +� Comm. Expires 094W-2028 Notary ID 129110442 Notary Public, State of Texas Attachments: Exhibit A: Description of the Land Exhibit B: Map of the Land Exhibit C: General Warranty Deed (Ownership) F.:hlbll A: Dewnplion of ncc I -a . vo<<�20,04PACE,0320. CEN - TEX err IT. rvaymg ann-9 FIFLO NOTES FOR 10.000 ACRES CHARLES H. DELANEY SURVEY, ABSTRACT NO, 181 WILLIAMSON COUNTY, TEXAS All lhnl certain tract or parcel of land or premises, being out of the Charles H, Delaney Survey, Abstract No. 181 located In Wilbamson County, Texas, being those two called 5.00 acres tracts conveyed by Dale H. Ptaco,•el ux. to Randall J. Underwood el ux. by instruments recorded In Volume 1519, Palo 928, and Volume 2158. Page 760 Williamson Counly Deed Records, and being 10 000 acres of land more particularly described by metes and bounds as follows: BEGINNING at an Iron pin found near a cedar fence corner post. In the occupied southwest line of County Road 245, at the north corner of said first 5.OD acres Underwood Iraq for the north corner of Ore tract described herein, also being the east corner of that called 27.91 acres tract conveyed to Lynn C. Stout by Instrument recorded in Volume 1870. Page 492 W lliamsen County Deed Records; THENCE, with the occupied soullrwosl line of County Read 245, S 19 Deg. 3e Min. E 452.63 feel to an Iron pin found near a metal fence corner post at thc• east corner of said rust 5.00 acres Underwood Irani for the east cornor of the tract described herein, also being the north comer of that called 21.712 acres tract conveyed to Billy C. Hamilton by Instrument recorded in Volume 1982, Page 871 Williamson County Deed Records; a. r THENCE, S 72 Deg. 28Min. W 246.04 feet to an Iron pin found near a metal fence post at f. angle point In the southeast line of said first 5,00 acre Underwood lracl; r „ THENCE, S 50 Deg. 47 Min. W pass at 311.90 feel the south corner of said first 5.00 acres Underwood tract and the east corner of said second 5.30 acres Underwood IraCt, In all a distance of 778.Ofi feat to an iron pin found near a cedar fence corner post,in the northeast line of Ural called 20.435 acres tract conveyed to Charles Lester Black by instrument recorded In Volume 1961. Pago 429 Williamson County Deed Records, at the south corner of said second 5.00 acres Underwood tract for the south corner of the Iract described herein, also being the west corner of said 21.712 acres Hamilton tract; THENCE. N 19 Deg. 40 thin. W pass at 331.11 feet the north cornor of Bald 20.436 acre Black tract and the cast cornor that called 20.00 acres tract conveyed ra M.S. Bareneld el ux. by Instrument recorded In Volume 2458, Page 13 Wlliamson County Dead Records, In all a distance of 555.04 rent to an Iron pin found near a cedar fence corner post. In the southeast lino of said 27.91 acres Slout tract, at the west cornor of said second 5.00 acres Underwood Iraq for Ire west corner of the tract described heroin, also being the north corner of sold 20.00 acres Barefield Iraq; THENCE, with the southeast lino of said 27.91 acres Stout tract, N 65 Deg 12 Mtn. E pass at 439.15 feet the north corner of said second 5.00 acres Undorvrooc Iraq and the west corner or said first 5.00 acres Underwood tract, In all a distance of 712.64 feet to an Iron pin found near a cedar fence post at angle point In the northwest line of said first 5 OD acre Underwood tract; THENCE, with the southeast line of said 27.91 acres Stout tract, N 55 Deg. 01 Min. E 166.32 feet to an Iron pin found near a Wood fence post at angle point In the northwest line of said 5.00 acre Underwood tracl; THENCE, N 49 Deg. 08 Min. E 94.35 feel to the Point and Place Of Beginning of the Iracl described horeln. There being contained within these moles coil bounds 10,000 acres of land area, more or less, as surveyed upon the ground by Can -Tex Surveying Company, under my direclion,during June-. 1994. . Scor LA, September 8, 1994 Weldon Klallenhoff Professional Land Surveyor Texas Registrallon No. 4075 WO# 94-94B EXHIBIT "All' REF: 94-9-4 1209 PARKWAY - AUSTIN, TEXAS 78703 -- (612) 473-W00 - FAX 477-7131 k 0 ■ R�[oo pNa Exf�ibii - Parcel Map A '-C.NAFLI-/+7L. P✓LAcic C j` -6- jjnREFX�ILLP� V�.0 14b1 �b/1s ZO.4'1 qGR L.S ZM 7-0.0 \CTt ES A, r x 5•o AcI�eS VoL 215f8 �P.76o (ZANPELL Ut+t0ElLlhloop (Lon FN D ter LYt'I N C- ST—U c IS 0/4'1x C 17•111 Acfle5 ) 27.11 ACRES N 11` FNo-------N 19'40' �J 439.98 F�� 13ILLYC HAYII(-rONI]L ----- — --- Ill flea/B-11 N 21-71`2 AcRF•S 1 _ � o O 5.O AGRE-S `9 � voL_•1519 1 p 926 Z (ZArJDELL I�NPEQ{�loov - 9 M r N r ROD PNp r' NOTE tS' M, )C POTABLE WATER PIPELINE EA9FjAr-piTRECOROEO IN VOLUME 939, PAGE SM. DEED RECORDS WILLIAMSON COUNTY TEXAS. NOTE. "CCORIJANCEWr"F1.R/A FEDERAL It1$URANCE ADMINISTRATION FLOOD 11AilAROUOU14O/tRYMAPS, THIBLOT 15 WITNINASPECIALF1.00D liVARO AREA F U, N 0 N r BE f3AFB^WIRE C7YP) E. r DALE. OF A5rMALT �? ��dSll1-'a100 �: ?FFECTIMOATr: Saptunbx27.1691 rG'UI IT'1f 1'2oAf7 2+15 w pARN -4 FN o VA E 1 4 1 w �� 1 0 p 1 STOPY• Xv 4r �r i sltry ,l ROUA HA4L � ' 3g E 9 •63 � � F SCALE 1"- 100 FEET 3681 County Road 245, Florence Texas -10.0 Acres - 3 WCAD Parcels - Exhibit B Pareelr. R039398 Parcel R039398 Parcel 1- R039398 -1.0 Acres 3681 County Road 245, Florence Texas -10.0 Acres - 3 WCAD Parcels -Exhibit B R310692 R31D892 ration f / 21RKIE. DON NIEL & USA E. MCRORCY Arass 3681 CR 245, i FLORENCC. TX 76527 Gras AW0181 Dolnney, I Ch. Sur. CAD,GWI.RFM.SGT.r07 2604 0317 Parcel 2- R310892 -4.0 Acres 3681 County Road 245, Florence Texas -10.0 Acres - 3 WCAD Parcels - Exhibit B Owner ZIRKLE, DON NIEI x LISA RENEE MCr(OREY Site Address 3681 CR =45, FLOP:NC E, TX 76527 AW0181 -Delaney, C.h. Sur. CAD,GWI,RFM,SGT,F07 2604 0317 Parcel 3 - R310602 -5.0 Acres • 0 • a. ExlWtul C Owittiship - Geneird Waitanly Dowd vet. 2604PAoE03; 7 CxEA'ERAI. 1VAit[LAN'['Y nrr]Z 45852 THE STATE OF TSXM COUNTY OF WILLMINSON 4 KNOW ALL MEN BY THESE PRESENTS: THAT RANDM.L J. UND11MOOD and apouss, KATHY M. UNDERWOOD, horrhnnfter roferrcd to no "Grantor" (whother one or more), for and in conalderation of the sum of T1'.N AND N01100 DOLLARS ($10.00) and other good and vulunble coneiderntion to Grnutur In hnnd paid by DON NIEL ZIRKLIi rind opouse, LISA RENEE h1CROREY ?.11time, Incrninnfler reforred to nil "Cranlco" (-bother one or morel, the rccnlpt and euffiClency of which Is hereby neknowledged and confessed, and for the further conslderrtion of the execution and delivery by snld Ornnten ofono vermin Prnminnory Note in lho origlnnl principal sum of ONE HUNDRED ONE THOUSAND SEVEN HUNDRED AND N0/100 UOLLARS ($10t,700.00), bearing even ditto herewith, payable to the order of I3ANK UNITED OF TEXAS FS13, heroin after rnlled "Mortgagee", bearing interest nt the rate therein provided; said Note containing an attornoy'a fee cinuse and vnrloua nccolerntion of mnturity elnusen In ones ofdefnult, and boing necured by Vondor'n Lien and SuporiorTitle retnlaod heroin In favor ofunid Grantor and ossigned to Mortgagen, and also being secured by a Deed of Trust of evon date herewith from Grantee to RANDOLPI I C. HENSON, Trustee; and W1IEREAS, Mortgagee hall, nt tllo npr,6111 instance and requost of Ornntee, paid to Grantor a portion of the purchase price ofthe property hereinafter described, no evidenced by the nbevo dcscribud Promissory Note, anld Vnudor's Non and Superior Title against said property accuring the payment of said Promissory Note are hereby assigned, trnuaferred and delivered without reauurso to Mortgagee, Orantor hereby conveying to snld Mortgagoe the snid Superior Title to anld property, eabrognting said Mortgagce to nil rights and remedies of Grantor hl the premises by vhtue of avid liens; And tor hns GRANTED, SOLD GRANT, SELL nAND CONVEY, unto sot O�rnnteeCONVEYED, NE Ding described eel p to-wit: property, SEE EXHIBIT "A A'17ACHED HERETO AND MADE A PART IILREOF FOR ALL PURPOSES, TO aingulnr helrlghin rind nppn rtTO tLD onn esathrro 111to it, nny vfrn hnl on, together with all and their heirs and assigns, f ORI;VER. Grantor door hereby bind tlgipmnclves,ing unto nthe.itl Grheirs: executors and adminielratozs, TO WARRANT AND FOREVER DEFEND nil and singular lhu onid promiaee unto the said Grantee, their heirs and AsaiFnn, agnlnnt every peroon wllorosoover lawfully clahning, or to clolm the somEt, or nny part thereof, Rut it le expressly agreed that the Grantor heroin reservco and rotnlns for against til their hales and nnslgns, a VENUOR:S LIEN, no well ns the Superior Title, against the above dcacrlbed property, promfnes and Improvements, until the above described Promisoory Note and all interest thereon have been fully paid according to the terns thereof, when this Deed shall become absolute. Ti la Deed Is executed, dellvered and nccepted subject to nil and aingulnr any Ilene securing the pnymont of nny debt created or assumed In connection herewith if eueh Iione are described heroin, ad vnlorem taxes for the current and all subsequent years, aobaequont nesennments for prior yearn duo to chnngoR In land usage or ownerelnlp, zoning or<linancen, utility district asscesmontn and ntnndby fees, if nny, npplicablo to and enforenable agnlnat the abova described property, and nil valid utility easements created by the dedication deed or plat of the subdivlelon In which onid real property is located, covennnte, restrictions common to tine platted subdivision In which sold real protyperis located, mineral reservations, mnlutonanco rand Rene, and any title or right, asserted by Falre 1 of 9 Pegae 7 J von, 2604PaoE0318 anyone, including, but not limltad to, perenns, rnrpnraNnns. Qnvernmantn nr nthcr antltlrs to tldolnnds, or lands comprising the shores or bode of nnvignble or purenninl rivers and streams, Inkes, bays, gulfs or oceans, or to any land o.ttonding from the line of the hnrbor or bulkhead linos no eetnbllnhed or changed by any government or to filled -in Innds, or artificial Islands, or to rlparinn rights or other statutory water righto, or the rights or Interests or the State of Toxne or the public gonerolly in the nron extending from the lino of menn low tide to the line of vegetation, or the right of access thereto, or right of casement along and acroen tiro same, if any, applicable to and enforceable ngainot the above described property as shown by the records of the County Clerk of the County in which said rent property Is located. RESTRICTMIR COVENANTS Grantor and Grantee do horeby agree to limit the ontnto hereby convoyed by contraotually ngruoing to the restrictive covenants hereinafter sot forth. As tined heroin "restrictive covenants" shall meat the promloe to refrain from establlnhing or performing or poralltthtg the eslnblishntont or performance of certain acts oil the property. 'Cho following Act!.vitles nro prohibited on, the real property described heroin: 1. The placement of any manufooturud housing, whothor R„ / defined no traitor housos or otherwise, for a ;),? i of (Qla longer than nix months. y A. The placement or cat nbiblimoil t of food lute of Ally typo 0 for livestock of Any type or nature. 9, 'rho placement or oetnhllshmout of any material, refuse, vehicles or equipment, Including be.t not Ihnitod to cars, trucks, roeventlonal vobielon, farm equipment, heavy cqulprnont and nutehlnery.of any I:ypo for purposes of storage, commonly referred to no "Junk ynrds", The romady In the event of broach of any covenant herein shall he en notion for drnnngos Including costs and expons.,s nett Injunctive roller, None of tbo restrictions herein shall bo construed no A "condition" And nhnll not in the event of default porntit any remedy that wuu1.9 corvo to divest the Grantee or Grantee's succonnors and assigns of title to or poeeosalon of the property. The covenants net forth above shall run with the Inn(I forever and may not be terminated without the prior written couAeot or 1) Grnrttor or Grnnteee heirs and ansigno, 2) Grantee or Oranteo's huirs and assigns, And 3) any then current llenholder of the real property deserthod heroin. WHEN this Deed is executed by more than one person, or when the Grantee is more thnn one person, the Instrument shall read As though pertinent verbs, nouns and pronouns were chnngpd correspondingly, and when executed by or to a legal entity other than a naturnl person, the words "heirs, executors And adminietrators" or "heiro and neeigns" shall be construed to mean "successors and aesigne". Reference to Any gentler chnii Include either gender and, In the case of a legal entity other than a natural person, shall include the neuter gentler, all Emilio cnee may be. DATED the lath day of September, 1994. ACCEPTED AND AGREED TO: DON Ni E ItIiNDALL J. RW OD LIRA RLNL' hICROREY "I LE KA .HY 3. UNDERWOOD Page Z of 0 Pagetl - - 0- • I� _ t ■ . I. •l vot. 2604PAGE 03i9 Grantee's Mailing Addreoo; Route 1, Box 108, County Road 246 Florence, Texas 76527 THE STATE OF TEXAS 6 COUNTY OF WILLIAMSON q Tlue instrument was acknowledged before me on the 9 doy of _§FKjjiB&R 1994, by RA[ ,�,IMJXMC spouse, KATHY m. UNDERWOOD. L H. WOLF AA, NOTARY PUBLIC Tom(. STATE OF TEXAS My COMMISMM E O(46103 Y7 My commission expires; NOTY LIC Notary's Name (printed) THE STATE OF TEXAS COUNTY OF WILLIAmnN This Inotrument was acknow lodged before me on the 9 day of 8ZZZE2ea . 1994, by DON NIEL ZIRKLE and spouse, LISA RrNEE NICROREY ZIRKLE. L H. )4CLF ;��j NOTAW PUaL1C \ ^1 STATE OF TEXAS /\ uy Gtrm ;n fof IMF i My commission expires; NOTARY PUBLIC I I Notary's Name (printed) j dsedm%no%1M749,bsnlakb 4 Page 8 or 9 P"" dr 1; -R,6r04PA6E,0320. CEN - TEX , u• r Lon urvoynp ronnng FIELD NOTES FOR 10.000 ACRES CHARLES H. DELANEY SURVEY, ABSTRACT NO, 181 WILLIAMSON COUNTY, TEXAS An that certain tract or parcel of fond or premises, being cut of the Charles H. Delaney Survey, Abslract No. 181 located In Williamson County, Texas, being those two called 5.00 acres tracts conveyed by Dole H. Place, of ux to Randall J. Underwood el ut. by instruments recorded In Volume 1519, Page 926, and Volume 2158, Page 700 Williamson County Deed Records, and being 10.000 acres of land more particularly described by metes and bounds as 914ows, BEGINNING at an Iron pin found near a cedar fence corner post, In fire occupied southwest I'ne of County Road 245, at the north turner of said first 5 00 acres Underwood tract for the north corner of the !fact described herein, also being the east corner of that called 27.91 acres Iraq conveyed to Lynn C, Stout by Instrument recorded in Volume 1870, Page 492 Williamson County Deed Records; THENCE, with the occupied southwest line of County Road 245, S 19 Deg. 3B Min E 452.63 feel to an iron pin found near a metal fence comer post at Ihc• east corner of said first 5.00 acres Underwood tract for the east corner of the tract described heroin, also being the north corner of that called 21 712 acres tract conveyed to Billy C. Hamilton by Instrument recorded in Volume 1982. Pago 871 Wll,amson County Deed Records; THENCE, S 72 Deg. 28Min. W 246.04 feel to an Iron pin found near a metal fence post at angle point In the southeast line of said nrst 5.00 acre Underwood tract; r` t „ THENCE, S 50 Dog. 47 Min. W pass at 311.90 feet the south corner of sold first 5.00 acres i Underwood Iraq and the cast corner of said second 5.00 acres Underwood tract, In all a dislanco of 776.06 feet to an iron pin found near a cedar fence corner posl,ln the noHheast lino of that called 20.436 Was tract conveyed to Charles Lester Black by Instrument n±corded In Volume 1961, Pago 429 Williamson County Deed Records, at the soull, corner of sold second 5.00 acres Underwood tract for the south corner of Iha tract described herein, also being the west corner of said 21.712 acres Hamilton tract; THENCE, N 10 Deg. 40 Min. W pass at 331.11 foot the north corner of said 20.438 acre Black tract and the oast corner that called 20.00 acres tract conveyed ro M.S. Barefleid at ux, by Instrument recorded In Volume 2450. Page 13 Williamson County Deed Records, In all a distance of 555.04 feet to an Iron pin found near a cedar fence corner post. In the soulfleasl lino of said 27.91 acres Stout Iraq, at the west corner of said second 5.00 acres Underwood tract for the west corner of the tract described herein, also being the north corner of said 20.00 acres Barerickf Iraq, THENCE, with the southeast line of said 27.91 acres Stout tract, N 65 Deg. 12 Min. E pass at 439.15 feel file north corner of said second 5.00 acres Underwooc tract and the west corner of said first 5.00 acres Underwood tract, In all a distance of 712.64 feet to an iron pin found near a cedar fence post at angle polnl In the northwest line of said first 5.00 acre Underwood tract, THENCE, with the southeast line of said 27.91 acres Stout tract, N 55 Deg. 01 Min. E 186.32 feet to an Iron pin found near a Wood fence post at angle point In the northwest line of said 5,00 acre Undenvood tract; THENCE, N 49 Deg. 08 Min. E 94.35 feet to the Point and Place Of Beginning of the tract described herein. There being contained within these metes and bounds 10.000 acres of land area, more or less, as surveyed upon the ground by Cen-Tex Surveying Company, under my dicecliorlyduring deno; 1994. •� SePT September 8, 1994 Weldon Klaftenhoff Professlonal Land Surveyor Taxes Registration No. 4076 WON 94-94B EXHIBIT "A REF: 94-94 1209 PARKWAY - AUSTIN, TEXAS 78703 - (612) 473.8000 - FAX 477-7131 ,i • 0 0 Ifs t-=• .1•Iwwwwmown �1• vbt"204Pim- 0121t V4 FILED FOR r'rcoi-�D WlLIIAMSON C,()U!+T v. TX. 19915EP 12 I PM 4: 39 i ��edlJ mINTY CLERK • IHNIVdE GF TEXAS CPU ITYGFs•,'ILUAY ON iI'$,; t> ttnty OW INS lotor:nf WJS FllED:nd ricetCFO N IM OOkU PuDC: Atootdt al _ - 9T:n.;0e Ctu* Twos an Qa dW Vd WN COUNTY CLERX I , i YAmumsoN COUNTY, TVA .Y t s •,tl•t �wi fi I: Ia 1 ' _ -- - _ _= Exhibit B Legal Description and Map Resolution No. Release of Petition Area von:2-RO4PAGE .0320. CEN - TEX L8ndSUrveying/ Planning FIELD NOTES FOR 10.000 ACRES CHARLES H. DELANEY SURVEY, ABSTRACT NO, 181 WILLIAMSON COUNTY, TEXAS I All that certain treat or parcel of land or premises, being out of the Charles H. Delaney Survey, Abstract No, 181 located In Williamson County, Texas, being those two called 5.00 acres tracts conveyed by Dale H. Place, -et ux, to Randall J. Underwood at ux, by Instruments recorded In Volume 1519, page 928, and Volume 2158, Page 760 Williamson County Deed Records, and being 10.000 I acres of land more particularly described by metes and bounds as follows! BEGINNING at an Iron pin found near a cedar fence comer post, In the occupied southwest line of County Road 245, at the north comer of said first 5,15D acres Underwood tract for the north comer of i the tract described herein, also being the east comer of that called 27.91 acres tract conveyed to Lynn C. Stout by Instrument recorded in Volume 1870, Page 492 WIIlfamson County Deed Records; THENCE. with the occupied southwest line of Caunty Road 245, S 19 Deg. 38 Min. E 452.63 feet to an Iron pin found near a metal fence comer post at the east corner of said first 5.00 acres Underwood tract for the east comer of the Iraq described herein, also being the north corner of that called 21.712 acres tract convoyed to Billy C. Hamilton by Instrument recorded In Volume 1982, Page 871 Williamson County Deed Records; THENCE, S 72 Deg. 28MIn, W 246.04 feet to an Iron pin found near a metal fence post at tL angle point In the southeast line of said first 5.00 acre Underwood tract; THENCE, S 60 Deg. 47 Min. W pass at 311.90 feel the south corner of sold first 5.00 acres Underwood tract and the east comer of said second 6,00 acres Underwood tract, In all a distance of 776.06 feet to an Iron pin found near a cedar fence comer post,ln Lhe northeast line of that celled 20,436 acres tract conveyed to Charles Lester Black by Instrument recorded In Volume 1901, Page 429 Williamson County Deed Records, at the south comer of said second 5.00 acres Underwood Wet for the south corner of the tract described herein, also being the west corner of said 21.712 acres Hamilton tract; THENCE, N 19 Deg. 40 Min, W pass at 331 A 1 feet the north comer of sold 2OA36 acre Black tract and the east comer that called 20.00 acres tract conveyed W M.S, Bareneld at ux. by Instrument recorded In Volume 2458, Page 13 Williamson County Deed Retards, In all a distance of 555.94 feel to an Iron pin found near a cedar fence corner post, In the southeast line of said 27.01 acres Stout tract, at the west corner of said second 6.00 acres Underwood tract for the west corner of the tract described herein, also baing the north corner of said 20.00 acres Barelield tract; THENCE, with the southeast line of said 27.91 acres Stout tract, N 65 Deg, 12 Min. E pass at 439.15 feet the north corner of said second 5.00 acres Underwood tract and the west comer of said first 6.00 acres Underwood tract, In all a distance of 712.64 reel to an Iron pin found near a cedar fence post at angle point In the northwest line of said first 5.00 acre Underwood tract; THENCE, with the southeast line of said 27.91 acres Stout tract, N 55 Deg, 01 Min. E 186.32 feet to an Iron pin found near a Wood fence post at angle point In the northwest line of said 6,00 acre Underwood tract THENCE, N 49 Deg. 08 Min. E 94.35 feet to the Point and Place Of Beginning of the tract described herein. Thefe being contained within These moles and bounds 10.000 acres of land area, more or less, as surveyed upon the ground by Con -Tex Surveying Company, under my directionrduring Juno; 1994. , Se��nr�,J� _od / f September 8, 1994 Weldon Kladenhoff v Professional Land Surveyor Texas Reglatrallon No, 4075 a WOK 94-949 EXHIBIT ""'I► REF: 94-9-4 1209 PARKWAY - AUSTIN, TEXAS 78703 — (512) 473-B800 - FAX 477-7131 t r. u • • i Extut4i C Ownership Gerw:rlWon. Holy Geed 4yo z 8/6 8® 2604PACE03i7 GENERAL IyA_itRAnrrT nrr!<R 5852 i THE STATE OF TEXAS 4 COUNTY OF W1LLL4M50N KNOW ALL MEN BY THESE PRESENTS: � THAT RANDALL J. UNDERWOOD end spouse, KATHY M. UNDERWOOD, horeinnRer referred to ns "Grantor" Minther one or more), for end in confildoratlon of the sum of TEN AND NO1100 DOLLARS 4,10.00) end other good and volunble. conaiderntion ji ' I to Orantor in hand paid by DON NIEL 7,IR9JLi; end spouse, IASA RENEE MCROREY ZiRK-LE, herninnRor referred to nn "Grnnteo" (v:hether Olin or more), tho receipt and I sufficiency of which Is hereby acknowledged and confoosrrl, and for the further consideration of the execution mid delivery by said Greaten of one certain Prnminnory Note In the original princilml out,, of ONE HUNDRED ONE THOUSAND SEVEN HUNDRED AND NO1100 DOLLARS ($101,700.00), bonring even (into ion:with, pnynblc to the order of BANK UNITED OF TEXAS FSB, horeinnRer cnlIfA "Mortgngce", lhonring interest at the rnte therein provided; said Note contnining on attorneys fee clause and vnrloue acceleration of mnturity einusen In case ofdefnult, and being secured by Vendor's Lien and Superior Title rotninod heroin In favor of anid Grantor and nosigned to Alortgngen, C. being secured by n Derd of Trust of oven dateand Also horowlth f, utn (ironies to ItANDULPI I so HENSON, Trustee; and NVIUMEAS, Mortgngce hen, at the epccinl inelnnco end requost of Grantee, paid to Grantor a portion of thu purch:isu price of the property horeinnRer described, no evidenced by the above described Promissory Note, sold Vendor's lion and Superior Title ngnlnst enld property securing the payment of snid Promiannry (Pole ore hereby assigned, tranoferred and delivered without, recuurso to Nforlgngee, Orantor I aroby conveying to said Mortgngoo the anid Superior Title to anid properly, oubrogoting sold Mortgagee to all rights and remedies of Grantor lit the premises by vhtue of said Ilene; And has tor GRANT, SELLnAND CONVEY, unto sold Oro tt P to -wit: CONVEYED, wing described real property, SEE EXHIBIT "A ATTACHED HERETO AND MADE A PA1tT HEREOF FOR ALL PUIIPOSES. TO [LAVE AND TO HOLD the above described premises, together with ell tuid ainguinr the rlghtn end appurtonnnces therounto In nnywlPo bniunging unto said Grnntea, their hoire end nesigns, FOREVER. Ornntor doo.9 hereby bind themselves, their heirs, executors and administrators, TO WARRANT AND FOREVER DEFEND all end singular the said pramisen unto the anid Grnnlee, their heirs and Ansigns, sgninst every person Whomsoever lawfully clahnlng, or to claim ilia name, or any pert thcreoL Aul It Is expressly agreed that the Ornntor herein reservers and rotalns fnr tbrmoelves, thoh• heirs and nsnlgne, a VENDOR'S LiEN, no wall as the Superior Title, ngnlnst the abovo described property, promines and improvementa, until ilia above described Promissory Nete and all interest thereon hove linen fully pad according to the terms thereof, When this Deed shall become absolute. '1911a Dend In executed, dollvel•ed and accepted subject to all and singular any liens securing the payment of any debt created or assumod In connection herewith If such lions are described (herein, act valorem taxes for the current and till subsequent years, subsequent neseanmonta for prior years duo to clhnnges In land usage or ownorehiu, zoning ordinnncen, utility dlntrict nencesments and standby fees, if any, nliplicablo to and onforcnnble Against the above described properly, and all valid utility onsements created by the dedication deed or plat of tiro subdivision In ivlilch said real property is located, eovonnnts, restrictions common to the plotted subdivision In which said rent property 1s located, mineral reservations, mnlittonanco fund liens, and any title or rights assorted by Pngo 10173 Pages i VOL. 2604PAGE031L8 anyone, inoluding, hilt not Ilnnitad to, perennn, rnrpnratInns, gnvermmt�nta nr nthnr nntltlre to Udelnnds, or [antis comprising the shores or hede of navigable or perennial rivers and streams, Inkes, bays, gulfs or occone, or to tiny land o.ctonding from the line of the harbor or bulkhead linos net eatnbllnhed or chnnged by any government or to niled•in lands, or artificial islands, or to riparian rights or other statutory water rights, or the rights or interests of the 8tato of Texne or tha public generally be the area extending from the lino of menn low tide to the lino of vegetation or the right of access thereto, or right of easement along and acrosa the siuue, if any, applicable to and enforceable ngninot the nhove doncribcd property as shown by the records ol'the County Clerk of the County in which sold real property is located. RESTRICTMR COVENANTS Grantor and Grantee do hnroby agree to limit (Ito estate hereby convoyed by controotually agrooing to the restrictive covenants hereinafter set forth. An used horoin "restrictive covenants" shall moan the promise to refrain from estahlinh[jilt or performing or permitting the estnhlishmont or performance of certain nets on the property. Tito following activities nrn prohibited on the rant property described heroin. 1. The placement of any ninnufacturud housing, whothar R„ / defined no traitor houses or othcrwr a o leo, for . (Qhr longer that: six o;ontlis. 9. The placement or establishment of food lots of any typo o for livestock of any typo or nature. 9. Thu pin centent or ostnblIohmout of any material, refit so, vehicles or egidpment, inoluding btr.t not IItoItod to Care, trucks, rocrentionnl vehicles, fnr•nr equipment, heavy oquipmont still mncltlnery of any typo for purposes of storage, commonly referred to ns 'Junk ynrda", The romody lit the event of breneh of any covenant herein ehnll be on action for dmmngos Includlog costs and expena•cs and injunctive relier. None of the restrictions herein shall be cunetrued on n "condition" and abnll slot In the event of default permit any remedy that woul•I servo to divest the Grantee or Granteo's successors and nealgns of title to or poseossion of the property. The covenants act forth above shell run with the lend forever rind may not be terminated without the prior writtnn consont or 1) Grnntor or Grantor's hairs and assigns, 2) Grantee or Grnnteo'a heirs and assigns, and 3) any then current ilenhoidor of the real property described heroin. WHEN this Deed is executed by more then one person, or when the Grantee is more then one parson, the Inatruanent shall road no though pertinent verbs, nouns and pronouns rl were changed cm•reepandingly, and when oxecuted by or to a legal entity other than a nnturnl peroon, the words "heirs, executors and edminietratore" or "heirs and assigns" shall be construed to meat "euccossors and seel;;ns". Referonco to ally gender shell Include either gander anti, In the case of a legal entity other than a natural person, shall include the neuter gender, till ne.the cneo niny be. DATED the 9th day of September, 1994. ACCEPTED AND AGREED T6. I , ) Ni t E ItANp DALL J.,V MRW UD LISA REN8Z NICROREY E KAT.IFY UNDERWOOD Page 2 of 3 Pagan a� • �I • VOL. 2604PAGE03i9 I Grantee's Meiling Addreeet Routo 1, Box IOB, County Road 246 Florence, Texas 7027 THE STATIC OF TmrAS COUNTY OF WILLUAAmm T1de instrument wee acknowledged before me on the 9_ dey of _6sPTaMM 1694, by .�i i,.d..6�1. JAlY epouee, KATHY M. UNDERWOOD. L. H. WOLF NOTARY PUBLIC STATE OR TEXAS My CF, rysan Esyem W-97 NOTARY P09LIO I My commission expires: Notary's Name (printed) j I THE STATE OF __Tm= COUNTY OP altf.t,u:rt,., This Instrument was ncknowlodgod before me on the of 1994, by DON NIEL ZIRKLE and spouse, LISA RGNEE MCRO YItB dZ1RK1.$'��`� L. H. Y1pLF • JL, NOT PUBLIC •?�S . STATE OF 7 1 5 �y�+�4s4v{Fipku 19.9.8t' ' NOTARY PUBLIO My commission expires; i Notary's Namo (printed) � I I I , � I ' i I 40e1ekeAl210446.ba►lekb II Page 8 of 8 Paged YqL -2.6iO 4 PAGED 3 2 0. CEN - TE;X en urvoynp onnaig FIELD NOTES FOR 10.000 ACRES CHARLES H. DELANEY SURVEY, ABSTRACT NO, 181 WILLIAMSON COUNTY, TEXAS All that certain tract or parcel of land or premises, being out of the Charles H. Delaney Survey, Abstract No. 181 located In Williamson County, Texas, being those hwo called 5.00 conveyed by Date H. Placo,•et ux to Randall J. Underwood el u<. by instruments recordeacres tracts 1519, Page 928, and Volume 2158, Page 760 Williamson Counly Deed Records, and being d In Volume plume acres of land more particularly described by metes and bounds as follows: 10.000 BEGINNING at an Iron pin found near a cedar fence corner post. In the occupied southwest Ime of County Road 245, of the north corner of said first 5.00 acres Underwood tract for the north corner of the tract described herein, also being the east corner of that called 27.91 acres Iraq conveyed to Lynn C, Stout by Instrument recorded in Volume 1870, Page 492 WiiUamscn County Deed Records, THENCE, with rho occupied southwest lino of County Road 245, S 19 Deg. 30 Min. E 452.63 feet to an iron pin found near a metal fence comer post at the east corner of said first 5.00 acres Underwood tract for the east corner of the tract described herein, also being the north corner of that called 21.712 acres tract conveyed to Billy C. Hamilton by Instrument recorded In Volume 19o7., Pago 871 Wdl,amson County Deed Records; �., THENCE, S 72 Deg. 28MIn. W 246,04 feet to an Iron pin found near a metal fence post at 1 angle point In the southeast line of said first 5.00 acre Underwood tract; r� I „ THENCE, S 50 Deg. 47 Min. W pass at 311.90 feel the south corner of said first 5.00 acres i Underwood tract and the east corner of said second 5.00 acres Underwood Iraq, In all a distance of 776.06 feet to an Iron pin found near a cedar fence corner posl,ln the northeast line of that called 20.436 acres tract conveyed to Charles Lester Black by Instrument recorded In Volume 1961. Pago 429 Wililamson County Deed Records, at the south corner of sold second 5.00 acres Underwood Iraq for the south corner of Iho tract described herein, also being the west corner of said 21.712 acres HarnClon tract; THENCE. N 18 Deg. 40 Min. W pass at 331.11 feet the north corner of said 20.436 acre Black tract and the oast corner that called 20.00 acres Iraq conveyed to M.S. Barelleld et ux. by Instrument recorded In Volume 2450. Page 13 Williamson County Deed Records, In all a distance of 555.04 feet to an Iron pin found near a cedar fence corner post, In the southeasl lino of said 27.91 acres Stout Iraq, at the west corner of said second 5.00 acres Underwood tract for lice wrest corner of the tract described heroin, also being the north corner or said 20.00 acres Barer -old Iraq, THENCE, with the southeast line of said 27.91 acres Stout tract, N 65 Deg. 12 Min. E pass at 439.15 feet Iho north corner of said second 5.00 acres Underwooc tract and the west corner of said first 5.00 acres Underwood tract, In all a distance of 712.64 feet to an iron pin found near a cedar fence post at angle point In the northwest line of said first 5 00 acre Underwood tract; THENCE, with the southeast line of said 27.91 acres Stout tract, N 55 Deg. 01 Min. E 166.32 feet to an Iron p;n found near a,wood fence post at angle point In the northwest line of said 6.00 acre Underwood tract; THENCE, N 49 Deg. 08 Min. E 94.35 feet to the Potrit and Place Of Beginning of the tract described heroin. There being contained within these metes and bounds 10.000 acres of land area, more or less, as surveyed upon the ground by Cen-Tex Surveying Company, under my direclion,during done; 1094. Seer- -"�' Li September 8, 1994 Weldon KlaltenhoN Professional Land Surveyor Taxes Registration No. 4076 WOO 94-948 EXHIBIT "All' REF: 94-94 1209 PARKWAY-AUSTIN, TEXAS 78703 - (612) 473-8800 - FAX 477-7131 I F i t i • (1) ir�>�>:rrrrr:r. i V FILED FOR n-I:ORD WILL IAMSOil C.Do T Y. IX. 1994 SEP 12 PM 4: 39 I I cmiNTY GLFRK I TIi.T• M.TECFIWE I OWN o^ VVI WlJSON II,s .IOt;�I1LL11NtCocen:;nlwuillEO;M S[fClB!EO h Un OIHd9 FnDCc 1lemrds o! • V1Gx-oo CEW4 Unn CA The dem tnd Wu + •. 1 COUNTY CLERK 1 VAtUAMSONCOUM.TEM I . a • '-1 II • „ i..,. LM co RRPP PNv CMAR.LF n, 1.. F91-A111, 11C1/ }z•T 'LO•?9 AG2rs Exhibit 8 - Parcel. Map 56 M,5. ISAREFIELP, Qj.UX. 7-0, 0 Aa It Es IZOP FN P .P r A. 5 Ac vaL 2158 �r.76o R jg 1at-4 C SToU RANGE LL UnLL�RyVoop (17.1i Acrt C5) 77•1 I ACRES allo-------N 19�40' l 1 439.9$� pNo PILLYC.NI�ToN�]r —�_— ----- W 1182/B71 ZI-71 AcRF-y -A J 4� AGrRES i9 voL,1519 I p 92� Z j=ianl vi=LL l.�NpERyJoov 9 d' M h N . 4/oR RDo FNp d' GT d' I "OTE 1S WDE P07ABW NEATER PIPELINE EA-"FJ.(ENr RECOROED IN VOLUTAE 9M, PAGE 570. PEED RECORDS WILLIAMSON COU14ij! TEXAS. NOTe 1;CCOROANCE W1rN FIR M FEOERAL INSURANCE ADMINISTRATION FL000 }1AZAR080i1P10ARY6WPS. THISLOT IS MTN1N A SPEr1AL FLOOD HAZARD AREA F V N 0 N r p3A96-W1RP FE"I" (TYF) t EpA6. Ot ASr'�I71,T "AP '11Aill"VIO0 C !FFECTMOATE SGp(wrnur27.1eef rMMI-STD/ RoAn 245 w 6A ICN Ro 0 Fri ° L 1 1 1 1 ' Nil ID 13 Y` ti >� _.\ I STORY �s IIt I 1 4 1 FND FIF. WE Ut ( I UT rt = I I o 1 I U t It, P d 1191 lM0 •1 i� A,sTPYq N�1.:. 1 1 SCALE V ID -OF EET 3681 County Road 245, Florence Texas -10.0 Acres - 3 WCAD Parcels - Exhibit B i PWCIW. 1039M Parcel R039399 Parcel 1 - R039398 -1.0 Acres 3681 County Road 245, Florence Texas —10.0 Acres — 3 WCAD Parcels— Exhibit B R310892 R310892 ration r ZI LL DON NIEL & USA RENEE MCRORV dress 3661 CR 245, FLORENCE,TX 76527 crux • AW0181 - DcLn*y, Ch. Sur. CAD,GWI,RFM,SGT,F07 2604 0317 lent �r Parcel 2— R310892 -4.0 Acres 3681 County Road 245, Florence Texas -10.0 Acres - 3 WCAD Parcels - Exhibit B 1 1 Parcels: R310602 1 Parcel R310602 Idertification Number Owner ZIRKLE, DON NIEI Lc USA RENEE MCrtOREY Site Address 3681 CR =05, FLOP'NCE, TX 76527 Deed Acres Josue AW0181 -Delaney, C.h. Sur. cr, :,_•: CAD,GWI,RFM,SGT,F07 Book 2604 Page 0317 Instrument Number sry to ••• Parcel 3 - R310602 -5.0 Acres 1 'A Petitioned for ETJ Removal G EORGETOW N ,f�,,MenM ZIRKLE in hlalslei Ceinele i? BE ® Property -:: Georgetown ETJ __j City limits v O 0 300 600 US Feet