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O-80-653 - 8/28/1980ORDINANCE NO. 5 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, AMEND- ING THE ZONING ORDINANCE MAP AND MAKING THIS AMENDMENT A PART OF THE MAP OF THE ORIGINAL ORDINANCE: TO CHANGE 3.46 ACRES, MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY, WILLIAMSON COUNTY, TEXAS, AS DESCRIBED BELOW FROM "R -1" SINGLE - FAMILY RESIDENTIAL DISTRICT TO "B -1" GENERAL BUSINESS DISTRICT , AS HEREINAFTER SET FORTH. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, for the purpose of amending the Zoning Ordinance from "R -1" Single- family Residential District to "B -1" General Business District on the property, described in Exhibit "A" attached hereto and made a part hereof, 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 "B -1" General Business District after holding a public hearing thereon on the 17th day of January 19 80, that the Zoning Ordinance be amended so that the above - described property be changed from "R -1" Single- family Residential District to "B -1" General Business District ; and WHEREAS, each and every requirement set forth in the Zoning Ordinance concerning notices, hearings, and other procedural matters has been fully complied with, now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the Zoning Ordinance and the zoning map of the City of Round Rock, Texas, be amended so that the property described in Exhibit "A" attached hereto and made a part hereof shall be and the same is hereby removed from "R -1" Single- family Residential District to "B -1 General Business District (Mark through the following alternative that is not applicable.) 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 19_ Alternative 1. ,/ READ and APPROVED on first reading this the / - day of CL-9J. /71/4,f/0 , 19 go. READ, APPROVED and ADOPTED on second reading this the day of , 19g ATTEST: RY L. '•N MAYO City of Round Rock, Texas EXHIBIT "A" PERIMETER FIELD NOTES: BEING 3.46 acres of land out of the J. M. Harrell Survey, Abstract No. 284 in Williamson County, Texas; said land also being out of those same three tracts described in a deed from A. L. Ferrell to Viola Ferrell, of record in Volume 422, Page 298 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of September , 1976, by Don H. Bizzell, Registered Professional Engineer, and described more fully as follows: BEGINNING at an iron pin at the intersection of Sam Bass Road and the Missouri Pacific Railroad; said point being the N.E. corner of the Ferrell Tract, for the N.E. corner hereof; THENCE, S 88 41' W, 350.45 feet along Sam Bass Road to an iron pin, for the N.W. corner hereof; THENCE, S 4 52' E, 459.32 feet to a point in the South fence line of the said Ferrell Tract, for the S.W. corner hereof; THENCE, along the said South fence line, N 71 32' E, 117.29 feet to an iron pin and N 70 43' E, 255.03 feet to an iron pin in the West margin of a street, for the S.E. corner hereof; THENCE, N 1 52' E, 273.04 feet along the West margin of the said street to an iron pin in the S.W. margin of the said railroad; THENCE, N 34 42' W, 86.91 feet along the said railroad to the place of BEGINNING and containing 3.46 acres of land. STATE OF TEXAS I COUNTY OF WILLIAMSON jr Job No. 2027 8 KNOW ALL MEN BY THESE PRESENTS: I, Don H. Bizzell, Registered Professional Engineer, do hereby certify that the above - described tract of land was surveyed on the ground under my personal supervision during the month of September, 1976, and that said description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County, Texas, this the 21st day of January, 1980, A.D. 1 , Don H. Bizzell Registered Profess • •n!1 Engineer, No. 287p State of Texas _ •(5- OFTE,)$1 P:• i DON H. BIZZELL 1 ib ' i ° 28782 � 0 . �` % 'I, F /NTER.'•`.•�s 11 o��DNi\`��- �D STEGER & BIZZELL, INC. . I CONSULTING ENGINEERS P. O. 800 858 • GEORGETOWN. T6 %115 7P616 dIOM M+to r mdo•• dO -__AA !�ouy� A a old -�ww 4 11 114* ?J �•��,.r.�•�� 3vz.aa b S S r i � $�2 34Co AGR�� •P THE STATE OF TEXAS COUNTY OF WILLIAMSON EASEMENT' KNOW ALL MEN BY THESE PRESENTS That we, Arthur L. Ferrell, of Tyler County, State of Texas, Betty Jo Miller, of Plana County, State of Oklahoma, and Wilford A. Ferrell, of Bexar County, State of Texas, hereinafter referred to as Grantors, whether one or more, for- and in consideration of the sum of One Dollar ($1.00) cash to Grantors in hand paid by the City of Round Rock, the receipt of which is hereby acknowledged, and the further consideration of the benefits to be derived by Grantors from the enclosed drainage way through the prem- ises hereinafter described, have this day Granted and Con- veyed, and by these presents do Grant and Convey, unto the City_pf Round Rock, a municipality situated in Williamson County, Texas, as easement to construct and perpetually main- tain an enclosed drainage way in, upon and across the follow- ing described land, to -wit: All that certain tract, piece or parcel of land, lying and being situated in the County of William- son, State of Texas, described in EXHIBIT "A" at- tached hereto and made a part hereof for all pur- poses, to which reference is here made for more particular description of said property; TO HAVE AND TO HOLD the same perpetually to he City of Round Rock and its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of, construc- tion and maintaining said enclosed drainage way; all upon the condition that the City of Round Rock will at all times after doing work in connection with the construction or repair of said enclosed drainage way restore the surface of said prem- ises to the condition in which the same was found before such work was undertaken, and providing further that the Grantor shall not place any building structure on the above described easement and that Grantor shall have full rights of ingress and egress on and across said easement, including the right to install driveways, sidewalks and railroad tracks across said easement. As a further consideration, Grantee agrees to construct an enclosed drainage way or storm sewer consisting of pipe buried in the ground in the above described easement. Grantee will construct said enclosed drainage way within three (3) years following execution of this easement by all three Grantors, and failure of Grantee to construct said drainage way within the period specified hereinabove shall render the easement null and void. EXECUTED in T County, Texas, in duplicate on this the 6th day oo� , A.D., 1980. Arthur . Ferrell Betty J iller Pi.. ' .n.?� Wilford A. Ferrell ti• . THE STATE OF TEXAS COUNTY THE STATE OF TEXAS COUNTY OFc. THE STATE OF TEXAS UNDER MY HAND AND SEAL OF OFFICE, this the , 1980. x .• BEFORE ME, the undersigned authority, on this day person- ally appeared Arthur j,._ Ferrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated.___ otary authority, on known to me BEFORE ME, the undersigned ally appeared Betty Jo Miller, whose name is subscribed to the foregoing acknowledged to me that she executed the same poses and consideration therein expressed, and city therein stated. G VE UNDER MY HAND AND SEAL OF OFFICE, this the day of z ,c— , 1980. ,.feu otary 'ublic in an. for `- G ,.✓21/County, COUNTY OF(, BEFORE ME, the undersigned authority, on this day person- ally appeared Wilford A. Ferrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIV4N /1JNDER MY HAND AND SEAL OF OFFICE, this the �o t' a y of ,/� � , 1980. otary Pu Telet•._ 'uasell or ounty, Texas this day person - to be the person instrument, and for the pur- in the capa- C� Telet is Russell Teletha Russell c in and for County, Texas