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O-74-406 - 5/9/1974ORDINANCE N0. 406 AN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, ON THE 2ND DAY OF OCTOBER, 1969, AMENDING THE ZONING ORDINANCE MAP, AND MAKING THIS AMENDMENT A PART OF THE MAP OF THE ORIGINAL ORDINANCE: TO CHANGE 15.571 ACRES OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, AS DESCRIBED BELOW,FROM "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -2" MULTI - FAMILY RESIDENTIAL DISTRICT, AS HEREINAFTER SET FORTH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: WHEREAS, an application has been made to the City Council for the purpose of changing the zoning ordinance on the following described real estate, to -wit: Describing a 15.571 acre tract in the Wiley Harris Survey, Abstract # 298 in the City of Round Rock, Williamson County, Texas, part of the 122.50 acre tract conveyed to Mesa Park Corporation from Barnes Enterprises, Ltd ". by Warranty Deed of record in Vol. 547, Page 92 of the Deed Records of Williamson County, Texas; said 15.571 acre tract being more particularly described as follows: BEGINNING for a point of reference at the northeast corner of said Wiley Harris Survey; THENCE along the westerly right of way line of a county road, S 00° 09' E., 3287.42 feet to a point; 1. N 68° 19' W., 66.25 feet to a point; 2. N 59° 05' W., 983.00 feet to a point; THENCE S 89° 51' W., 15.00 feet to the POINT OF BEGINNING of the herein described 15.571 acres; said point also being the southeast corner of Lot 1, Block "D" of Mesa Park Section One -A, a subdivision of record in the City of Round Rock, Williamson County, Texas, as re- corded in Vol. 7, Page 13 of the Plat Records of Williamson County,Texas; THENCE with the southerly line of said Block "D" Mesa Park Section One -A the following two (2) courses: THENCE along the easterly line of Georgetown Street the following six (6) courses: 1. S 30° 53' W., 242.92 feet to a point 2. THENCE with a curve to the left an arc length of 62.06 feet whose chord bears S 25° 28' W., 61.98 feet to a point; 3. THENCE with a curve to the left an arc length of 133.06 feet whose chord bears S 10° 31' W., 132.31 feet to a point; 4. S 00° 02' E., 463.98 feet to a point; 5. THENCE with a curve to the left an arc length of 189.72 feet whose chord bears S 18° 47' E., 186.36 feet to a point; 6. S 37° 27' F., 70.91 feet to a point; THENCE through the interior of the said 122.501 acre tract the following four (4) courses: 1. N 52' 33' E., 233.06 feet to a point; 2. N 71° 12' E., 568.49 feet to a point; 3. N 89° 51' E., 255.02 feet to a point; 4. N 00 09' W., 235.93 feet to the POINT OF BEGINNING and containing 15.571 acres, more or less, as determined by Bryant- Curington, Inc., in March of 1974. AND WHEREAS, the City Council has submitted the proposed change in the zoning ordinance to the City Planning and Zoning Commission for its recommendation and report; and WHEREAS, the City Planning and Zoning Commission has approved the changing of said Zoning Ordinance on the above described property from "R -1 ", Single Family Residential District, to "R -2" Multi- Family Residential District, which said meeting was held an April 18, 1974; and WHEREAS, the City Planning and Zoning Commission approved the change aforesaid in the Zoning Ordinance; said approval being given by said Commission on the 18 day of April, 1974;and WHEREAS, each and every requirement set forth in the Zoning Ordinance concerning notices, hearings, etc., have been fully complied with: NOW, THEREFORE, Be It Resolved by the City Council of the City of Round Rock, that the Zoning Ordinance, and the Zoning Map of the City of Round Rock, be amended so that the property described above shall be and the same is hereby removed from "R -1" Single Family Residential District to "R -2" Multi - Family Residential District. READ, PASSED AND ADOPTED by unanimous vote, this the 9 day of Miry , 1974. ATTEST: A r4' RAY' ITTON, MAYOR City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON () () 3054 O WHEREAS, Mesa Park Corporation, of Travis County, Texas, is the owner of that certain 1.877 acres of land designated as "Day Nursery, Section 8.106" in that certain plat accompanying its application for R -2 zoning of that certain 15.571 acres of land in the city of Round Rock, Texas more particularly described by metes and bounds on Exhibit "1.877" attached hereto and incorporated herein; and WHEREAS, Mesa Park Corporation has agreed that said property should be impressed with certain covenants and restrictions running with the land and desire to set forth such agreement in writing; NOW, THEREFORE, Mesa Park Corporation hereby agrees that this agreement shall be deemed a covenant running with the land, and shall be binding upon it and its successors and assigns as follows, to wit: 1. If said 1.877 acres of land shall be classified as "R -2" under the zoning ordinance of the City of Round Rock said land shall only be used for a day nursery and shall not be used for any other purpose except that which is permitted under the zoning designation R -1, without first applying for and receiving official designation permitting any other use after full notice and hearing and only in regulating changed uses 1.877 acres of land had 2. If any person, character shall violate agreement and covenant, Round Rock to prosecute against said person, or compliance with all laws and ordinances in the same manner as if said never been classified "R -2 ". corporation or entity of any other or attempt to violate the foregoing it shall be lawful for the City of proceedings at law, or in equity, entity to prevent said person or entity from violating or attempting to violate such agreement or covenant. 3. This agreement may be modified, amended or terminated only by joint action of both (a) a majority of the members of the governing body of the City of Round Rock and (b) by the owners of the above described property at the time of such modification, amendment or termination. EXECUTED, this the " day of 1974. NO SEAL -2- 7 -'6 /21 V MESA PARK CORPORATION By / ✓- f vls✓ Robert T. Mayfi , Vice - President THE STATE OF TEXAS () () COUNTY OF TRAVIS () Before me, the undersigned authority, on this day personally appeared Robert T. Mayfield, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Mesa Park Corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this o.-� No y Public in and for Travis County, Texas VOL 7 -rE BR YANT -CUI INGTON INC. — - - consulting engineers 3423 quadalupe street • austln, texas 78705 • 454-0371 FIELD NOTES FOR DAY NURSERY TRACT IN MESA PARK DESCRIBING 1.877 ACRES IN THE WILEY HARRIS SURVEY ABSTRACT NO. 298 OUT OF THE 122.50 ACRE TRACT CONVEYED TO MESA PARK CORPORATION FROM BARNES INTERPRISES, LTD. BY WARRANTY DEED OF RECORD IN VOLUME 547, PAGE 92 OF THE DEED RECORDS OF WIL- LIAMSON COUNTY, TEXAS: SAID 1.877 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING for a point of reference at the northeast corner of the Wiley Harris Survey, said corner also being a point in the westerly right -of -way line of a County Road; THENCE along the said right -of -way line of said County Road S00 ° -09' E., 3287.42 feet to the most southeasterly corner of Mesa Park Section One -A, a subdivision of record in the City of Round Rock, Williamson County, Texas recorded in Plat Book 7, Page 39 of the Plat Records of Williamson County, Texas; THENCE along the southerly boundary of the said Mesa Park Section One -A the following three (3) courses: 1. S 89 ° -51' W., 15.00 feet to a point; 2. N 68 ° -19' W., 66.25 feet to a point; 3. N 59 ° -05' W., 983.00 feet to a point on the south- easterly right -of -way line of Georgetown Street, a street in Mesa Park Section One, a subdivision of record in the City of Round Rock, Williamson County, Texas recorded in Plat Book 7, Page 13 of the Deed Records of Williamson County, Texas; THENCE along the said right -of -way line the following two (2) courses: 1. S 30 ° -53' W., 242.'92 feet to a point of curvature; 2. On a curve to the left with the following elements: I= 09 ° -50', R= 361.61 feet, T =31.11 feet, Arc =62.06 feet and whose longchord bears S 25 ° -58' W., 61.98 feet to a point, said point also being the most northeasterly corner of George- town Street in Mesa Park Georgetown Street, a plat of record in the City of Round Rock, Williamson Country, Texas, recorded in Plat Book 7, Page 18 of the Deed Records of Williamson County, Texas; dGl 793 ),31 THENCE continuing along said Georgetown Street the following two (2) courses: 1. A curve to the left with the following elements: I= 21 ° -05', R= 361.61 feet, T =67.29 feet, A= 133.06 feet, and whose longchord bears S 10 ° -31' W., 132.31 feet to a point of tangency; 2. S 00 ° -02' E., 270.26 feet to a point, said point also being the POINT AND PLACE OF BEGINNING; THENCE again continuing along said Geogetown Street the following three (3) courses: 1. S 00 ° -02' E., 193.72 feet to a point of curvature; 2. On a curve to the left whose elements are : I- 37 ° -25', R= 290.51 feet, T =98.38 feet, A= 189.72 feet and whose longchord bears S 18 ° -47' E., 186.36 feet to a point of tangency; 3. S 37 ° -27; E., 70.91 feet to a point; THENCE through the interior of the said 122.50 acre tract the following four (4) courses: 1. N 52 ° -33' E., 233.06 feet to a point; 2. N 37 ° -27' W., 144.78 feet to a point; 3. N 00 ° -02' W., 169.96 feet to a point; 4. S 89 ° -58' W., 200.00 feet to the POINT AND PLACE OF BEGINNING and containing 1.877 acres as computed and surveyed by BRYANT- CURINGTON INC. in May of 1974. FN /JLH:pg Job No. .74 -34 -M Reference Job No. 74 -28 -M 71 -321 -F and 72 -228 -F c -CURT TON - 1� - H. W. Curi Registered P,. - urveyor Q o tia�ti� � N ti THE STATE OF TEXAS County of Williamson } I, James N. Boydslon, Clerk of the County Court of said County, do hereby cer- tify that the foregoing instrument in writing, with its certificate of authentication, was filed for record in my office on the 27th day of the 28th day of B May May A.D. 19 80 A.D. 19 80 Deputy at 1: o'clock P M. and duly recorded this ,at 8 :35 o'clock A M. in the Deed Records of said County, in Vol. 796 pp 928 WITNESS MY HAND and seal of the County Court of said County, at office in Georgetown, Texas, the date last above written. JAMES N. BOYDSTON, CLERK, County Court, Williamson County, Texas coce4 yy ONIC111 0 Ito%ttS1175 4 v Asny 7,4 ar 'ma s ,4;FILED FOR RECO'? MAY ?7 ES N. buYDS ION nCo M. B Tejj>. q w‘e.* 1//eae-0•//e0,