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O-2014-1825 - 10/9/2014 ORDINANCE NO. 0-2014-1825 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 74.81 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT OS (OPEN SPACE); AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 74.81 acres of land out of the Willis Donaho Survey, Abstract No. 173 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 3rd day of September, 2014, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as District OS (Open Space), and WHEREAS, on the 9th day of October, 2014, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A., Texas Local Government Code, and Section 46-92 and Section 46-132, Code of 0112.1404;00312266 Original Zoning Ordinance 7/13 Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the City Council has considered and hereby makes the following findings regarding this original zoning: 1. It is consistent with the general plan; 2. It is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. The affected property is suitable for existing uses that are and would be permitted by District OS (Open Space); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the existing uses in District OS (Open Space). II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District OS (Open Space). III. 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. 2 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2014. Alternative 2. READ and APPROVED on first reading this the day of , 2014. READ, APPROVED and ADOPTED on second reading this the day of , 2014. On') ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: e - SARA L. WHITE, City Clerk 3 • EXHIBIT • • • • DESCRIPTION: A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF • THAT 75.876 ACRE TRACT OF LAND (SAVE AND EXCEPT 0.286 ACRES) CONVEYED TO CHAMPION-ME1ER ASSETS, LTD., BY DEED RECORDED IN DOCUMENT No. 2001016161 AND DOCUMENT No. 2001016162 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGIN at a 1/2" iron rod found in the West'Line of the said 75.876 Acre Tract at • the Southeast Corner of that 0.034 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document . 'No. 2001084406 of the Official Public Records of Williamson County, Texas, and . at the Southwest Corner of that 0.753 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2001087852 of the Official Public Records of Williamson County, Texas; • THENCE across the said 75.876 Acre Tract, along the South Line of the said 0.753 Acre Tract and along the South Line of County Road 113(Kiphen Road), the following two courses: 1. N.88°32'07"E. a distance of 1179.10 feet to a 1/27 iron rod set ata point of • curvature of a curve to the right; 2. Easterly, along the arc of said curve to the right a distance of 97.92 feet, said curve having a radius of 950.00 feet, a centrarangle of 05°54'20", and a chord bearing.S.88°30'43"E., 97.87 feet to a 1/2" iron rod set at a point in the 'South Line of that 0.286 Acre Tract of land conveyed to Williamson County by deed recorded in DocUment No. 199929648 of the Official Public Records of Williamson County, Texas; THENCE along the said South Line of the 0.286 Acre Tract the following two courses: 1. S.79°25'28"E. a distance of 48.67 feet to a 1/2" iron rod set. 2. S.67°18'12"E. a distance of 361.10 feet to a 1/2" iron rod set in the East Line of the said 75.876 Acre Tract and the West Line of that 0.09 Acre Tract of land (Tract 2) conveyed to MTV Investments, L.P., by deed recorded in Document No. 9608169'of the Official Public Records of Williamson County, Texas; THENCE S.02°45'30"E., along said East Line, the same being the'West Line of the said 0.09 Acre Tract, a distance of 26.12 feet to an aluminum disk stamped CORR found at the Southwest Corner of the said 0.09 Acre Tract; • • • • • • Page 1 of 2 • • • • THENCE N.87°26`31"E., along the South Line of the 0.09 Acre Tract and along a North Line of the said 75.876 Adre Tract, a distance of 122.69 feet to a 1/2" iron rod set at the West Corner of that 0.001 Acre Tract of land conveyed to The City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2007040272 of the Official Public Records of Williamson County, Texas and to a point on a non-tangent curve to the left; • THENCE easterly along the arc of said curve, along the South Line of the said 0.001 Acre Tract and across the said 75.876 Acre Tract, a distance of 16.46 feet, said curve having a radius of 1050.00 feet, a central angle of 00°53'53" and a • chord bearing S.67°59'29"E., 16.4-6 feet, to a 1/2" iron rod set at the Southeast • . Corner of the said 0.001 Acre Tract and to a point in the East Line of the said • 75.876 Acre Tract, the same being the West Line of that 10.00 Acre Tract of land conveyed to the City of Round Rock by deed recorded in Document No. 9614211 of the Official Public Records of Williamson County, Texas; THENCE S.01°12.100"E., along the East Line of the 75.876 Acre Tract and the West Line of the said 10.00 Acre Tract, a distance of 517.19 feet to a nail found in concrete at the Northerly Southeast Corner of the 75.876 Acre Tract and to a . point in a North Line of that 425.540 Acre Tract of land conveyed to The City of. Round Rock by deed recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas; THENCE along the common line of the 75.876 Acre Tract and the 425.540 Acre Tract the following three courses: 1. 8.86°42145"W., a distance of 356.97 feet to a 1/2" iron rod set; 2. S.01°32'45"W. a distance of 200.38 feet to a 1/2" iron rod set; • • 3. S.02°28'09"E. a distance of 1181.90 feet to a 1/2" iron rod set at the Southerly Southeast Corner of the 75.876 Acre Tract, (from which point a 1/2" iron rod found bears N.88°16'49"E., 4.22 feet); • THENCE 3.88°16'49"W., along the South Line of the said 75.876 Acre Tract, the • same being a North Line of that 75.074 Acre Tract of land conveyed to the City of Round Rock by deed.recorded in Document No. 2004059024 of the Official Public Records of Williamson County, Texas a distance of 1481.32 feet to a 1/2" iron rod.found at the Southwest Corner of the 75.876 Acre Tract and an interior • corner of the said 75.074 Acre Tract; • THENCE N.00°25'56"W., along the West Line of the 75.876 Acre Tract and an East Line of the 75.074 Acre Tract, distance of 2110.62 feet to the said Point of • Beginning. • • Containing 74.813 acres, more or less. • • All iron rods set have RJ Surveying caps. • • • • • • • • Page 2of 2 ELECTRONICALLY RECORDED 2014081995 Williamson County Texas THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. 0-2014-1825 which zones 74.81 acres of land located on the south side of East Old Settlers Boulevard at Rockin' J Road to the OS (Office Space) zoning district. This ordinance was approved and adopted by the City Council at a regular meeting on the 9th day of October 2014. This ordinance is recorded in the official City Council Minute Book No. 60. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 10th day of October 2014. „.:,,S*. of9 '0 2$ tit t, it4VLe jr/I OF,,,,,, ',, SARA L. WHITE, TRMC, City Clerk f '0 ORDINANCE NO. 0-2014-1825 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 74.81 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT OS (OPEN SPACE); AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 74.81 acres of land out of the Willis Donaho Survey, Abstract No. 173 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 3rd day of September, 2014, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as District OS (Open Space), and WHEREAS, on the 9th day of October, 2014, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A., Texas Local Government Code, and Section 46-92 and Section 46-132, Code of 0112.1404;00312266 Original Zoning Ordinance 7/13 Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the City Council has considered and hereby makes the following findings regarding this original zoning: 1. It is consistent with the general plan; 2. It is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. The affected property is suitable for existing uses that are and would be permitted by District OS (Open Space); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the existing uses in District OS (Open Space). II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District OS (Open Space). III. 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. 2 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2014. Alternative 2. READ and APPROVED on first reading this the day of , 2014. READ, APPROVED and ADOPTED on second reading this the day of , 2014. On') ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: e - SARA L. WHITE, City Clerk 3 • EXHIBIT • • • • DESCRIPTION: A PARCEL OF LAND IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF • THAT 75.876 ACRE TRACT OF LAND (SAVE AND EXCEPT 0.286 ACRES) CONVEYED TO CHAMPION-ME1ER ASSETS, LTD., BY DEED RECORDED IN DOCUMENT No. 2001016161 AND DOCUMENT No. 2001016162 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGIN at a 1/2" iron rod found in the West'Line of the said 75.876 Acre Tract at • the Southeast Corner of that 0.034 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document . 'No. 2001084406 of the Official Public Records of Williamson County, Texas, and . at the Southwest Corner of that 0.753 Acre Tract of land conveyed to the City of Round Rock for County Road 113 right of way by deed recorded in Document No. 2001087852 of the Official Public Records of Williamson County, Texas; • THENCE across the said 75.876 Acre Tract, along the South Line of the said 0.753 Acre Tract and along the South Line of County Road 113(Kiphen Road), the following two courses: 1. N.88°32'07"E. a distance of 1179.10 feet to a 1/27 iron rod set ata point of • curvature of a curve to the right; 2. Easterly, along the arc of said curve to the right a distance of 97.92 feet, said curve having a radius of 950.00 feet, a centrarangle of 05°54'20", and a chord bearing.S.88°30'43"E., 97.87 feet to a 1/2" iron rod set at a point in the 'South Line of that 0.286 Acre Tract of land conveyed to Williamson County by deed recorded in DocUment No. 199929648 of the Official Public Records of Williamson County, Texas; THENCE along the said South Line of the 0.286 Acre Tract the following two courses: 1. S.79°25'28"E. a distance of 48.67 feet to a 1/2" iron rod set. 2. S.67°18'12"E. a distance of 361.10 feet to a 1/2" iron rod set in the East Line of the said 75.876 Acre Tract and the West Line of that 0.09 Acre Tract of land (Tract 2) conveyed to MTV Investments, L.P., by deed recorded in Document No. 9608169'of the Official Public Records of Williamson County, Texas; THENCE S.02°45'30"E., along said East Line, the same being the'West Line of the said 0.09 Acre Tract, a distance of 26.12 feet to an aluminum disk stamped CORR found at the Southwest Corner of the said 0.09 Acre Tract; • • • • • • Page 1 of 2 • • 2014081995 Page 6 of 6 • • THENCE N.87°26'31"E., along the South Line of the 0.09 Acre Tract and along a North Line of the said 75.876 Acre Tract, a distance of 122.69 feet to a 1/2"iron rod set at the West Corner of that 0.001 Acre Tract of land conveyed to The City of Round-Rock for County Road 113-right of way by deed recorded in.Document • No. 2007040272 of the Official Public Records of Williamson County, Texas and to a point on a non-tangent curve to the left; THENCE easterly along the arc of said curve, along the South Line of the said 0.001 Acre Tract'and across the said 75.876 Acre Tract, a distance of 16.46 feet, said curve having a radius of 1050.00 feet, a central angle of 00°56'53"and a - chord bearing S.67°59'29"E., 16.46 feet,to a 1/2"iron rod set at the Southeast Corner of the said 0.001 Acre Tract and to a point in the East Line of the said 75.876 Acre Tract,the same being the West Line of that 10.00 Acre Tract of land conveyed to the City of Round Rock by deed recorded in Document No. 9614211 of the Official Public Records of Williamson County,Texas; THENCE S.01°12'00"E., along the East Line of the 75.876 Acre Tract and the West Line of the said 10.00 Acre Tract, a distance of 517.19 feet to a nail found in concrete at the Northerly Southeast Corner of the 75.876 Acre Tract and to a • . point in a North Line of that 425.540 Acre Tract of land conveyed to The City of. Round Rock by deed recorded in Volume 1300, Page 489 of the Deed Records of Williamson County,Texas; THENCE along the common line of the 75.876 Acre Tract and the 425.640 Acre Tract the following three courses: 1. S.86°42'45"W., a distance of 356.97 feet to a 1/2" iron rod set; 2. S.01°32'45"W. a distance of 200.38 feet to a 112" iron rod set; ' - 3. S.02°28'09"E. a distance of 1181.90 feet to a 112" iron rod set at the Southerly Southeast Corner of the 75.876 Acre Tract, (from which point a 1/2" iron rod found bears N.88°16'49"E., 4.22 feet); • THENCE S.88°16149"W., along the South Line of the said 75.876 Acre Tract,the • same being a North Line of that 75.074 Acre Tract of land conveyed to the City of Round Rock by deed-recorded in Document No.. 2004059024 of the Official Public Records of Williamson County, Texas a distance.of 1481.32 feet to a 112" iron rod-found at the Southwest Corner of the 75.876 Acre Tract and an interior corner of the said 75.074 Acre Tract; THENCE N.00°25'56"W., along the West Line of the 75.876 Acre Tract and an • East Line of the 75.074 Acre Tract, distance of 2110.62 feet to the said Point of Beginning. 2014081995 - Containing 74.813 acres, more or less. Electronically Recorded •• All iron rods set have RJ Surveying caps. OFFICIAL PUBLIC RECORDS CP,ANIE-7- k-AIN:•-• • Nancy E. Rister, County Clerk • • Page 2 of 2 10/13/2014 8:26 AM Pages: 6 Fee: $41.00 • Williamson County Texas