O-83-1012 - 1/27/1983ORDINANCE NO. /
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, ADOPTED IN CHAPTER 11,
SECTION 3.(2), CODE OF ORDINANCES, CITY OF ROUND
ROCK, . TEXAS AND MAKING THIS AMENDMENT A PART OF THE
SAID OFFICIAL ZONING MAP, TO -WIT: TO CHANGE 1.345
ACRES, MORE OR LESS, OUT OF THE WILEY HARRIS
SURVEY, WILLIAMSON COUNTY, TEXAS, AS DESCRIBED
BELOW FROM DISTRICT R -1 (LOW DENSITY RESIDENTIAL TO
DISTRICT C -1 (COMMERCIAL).
WHEREAS, an application has been made to the City
Council of the City of Round Rock, Texas to amend the
Official Zoning Map to change the zoning classification of
the property described in Exhibit "A" from District R -1 (Low
Density Residential) to District C -1 (Commercial).
WHEREAS, the City Council has submitted the requested
change in the Official Zoning Map to the Planning and Zoning
Commission for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a
public hearing concerning the requested change on the 21st
day of January, 1982, 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 requested zoning change be denied, and
WHEREAS, on the 23rd day of December, 1982, after proper
notification, the City Council held a public hearing on the
requested change, and
WHEREAS, the City Council has determined that
substantial changes in conditions have occurred which justify
the zoning classification change provided for herein, and
WHEREAS, the City Council determines that the zoning
classification change provided for herein promotes the
health, safety, morals and protects and preserves the general
welfare of the community, and
WHEREAS, this ordinance has received the favorable vote
of three - fourths of all members of the Council as required by
Chapter 11, Sec. 3.U.(3)(c), and
WHEREAS, each and every requirement set forth in Art.
1011a -f V.A.T.S. and Chapter 11, Section 3, Code of
Ordinances, 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 COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
I.
That the Official Zoning Map adopted in Chapter 11,
Section 3.E.(2), Code of Ordinances, City of Round Rock,
Texas is hereby amended so that the zoning classification of
the property described in Exhibit "A" attached hereto and
incorporated herein is hereby changed from District R -1 (Low
Density Residential) and shall be, and hereafter designated
as District C -1 (Commercial).
(Mark through the following alternative that is not appli-
cable)
Alternative 1.
By motion duly made, seconded and passed with an affirma-
tive 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 2 / 77111
day of (G �, 193.
Alternative 2.
READ and APPROVED on first reading this the day
of , 19
READ, APPROVED and ADOPTED on second reading this
the day of , 19
ATTEST:
W 4,��.
0 E LAND, Ci y Secretary
LARR's"L L. TONN , Mayor
City of Round Rock, Texas
FIELD NOTES FOR OSIE M. CRAIN
BEING 1.345 ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY IN THE
CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION
OF A 5.87 ACRE TRACT OF LAND CONVEYED BY JACK HARRIS AND WIFE
ANNIE HARRIS TO T. 0. ATEN BY DEED DATED 24 OCTOBER 1911, OF
RECORD IN VOLUME 144, PAGE 201, OF THE DEED RECORDS OF SAID COUNTY
AND STATE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at an iron pin found in the Easterly Right -Of -Way line
of Lee Street marking the Northwest corner hereof, said point also
being the Southwest corner of an unrecorded subdivision called
Three Oaks Subdivision;
THENCE, along the Westerly boundary line hereof and said Easterly
Right -Of -Way line, S 10 11' 00" E, 306.00 feet to an iron pin set
at the intersection of the Northerly Right -Of -Way line of West
Anderson Avenue and the Easterly Right -Of -Way line of said Lee
Street marking the Southwest corner hereof;
THENCE, leaving said Westerly line and said Easterly Right -Of -Way
line and continuing along the Southerly boundary line hereof and
said Northerly Right -Of -Way line, N 78 49' 30" E, 190.87 feet to
an iron pin set marking the Southeast corner hereof, said point
also being the Southwest corner of the Round Rock Independent School
District property;
THENCE, leaving said Southerly line and said Northerly Right -Of-
Way line and continuing along the Easterly boundary line hereof
and the Westerly line of said School District property,
N 09 56' 00" W, 306.00 feet to an iron pin found marking the
Northeast corner hereof, said point also being the most Southerly
Southeast corner of said Three Oaks Subdivision;
THENCE, leaving said Easterly line and said Westerly line and
continuing along the Northerly boundary line hereof and the South-
erly line of said subdivision, S 78 50' 00" W, 192.20 feet to the
POINT OF BEGINNING and containing 1.345 acres of land.
STATE OF TEXAS
COUNTY OF WILLIAMSON X
X
KNOW ALL MEN BY THESE PRESENTS:
I, 0. G. LEPPIN, do hereby certify that the above described tract
of land represents an actual survey performed on the ground and
that to the best of my knowledge and belief, said description is
true and correct.
WITNESS MY HAND AND SEAL on this the 29th day of December, 1981.
0. G. LEPPIN, P "'E. NO.17250
REGISTERED PUBLIC SURVEYOR N0.2168
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W. ANDERSON AV E.
VOL 936PAGE 740
STATE OF TEXAS
COUNTY OF WILLIAMSON
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
§
5678
KNOW ALL MEN BY THESE PRESENTS:
That whereas, Osie M. Crain and wife, Emma Lou Crain, are
the owners of all that certain real property located in
Williamson County, Texas, described as follows:
BEING 1.345 ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION OF A 5.87 ACRE TRACT OF LAND CONVEYED BY
JACK HARRIS AND WIFE ANNIE HARRIS TO T. 0. ATEN BY DEED
DATED 24 OCTOBER 1911, OF RECORD IN VOLUME 144, PAGE 201,
OF THE DEED RECORDS OF SAID COUNTY AND STATE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at an iron pin found in the Easterly Right -
Of -Way line of Lee Street marking the Northwest corner
hereof, said point also being the Southwest corner of an
unrecorded subdivision called Three Oaks Subdivision;
THENCE, along the Westerly boundary line hereof and said
Easterly Right -Of -Way line, S 10° 11' 00" E, 306.00 feet
to an iron pin set at the intersection of the Northerly
Right -Of -Way line of West Anderson Avenue and the Easterly
Right -Of -Way line of said Lee Street marking the Southwest
corner hereof;
THENCE, leaving said Westerly line and said Easterly
Right -Of -Way line and continuing along the Southerly
boundary line hereof and said Northerly Right -Of -Way line,
N 78° 49' 30" E, 190.87 feet to an iron pin set marking
the Southeast corner hereof, said point also being the
Southwest corner of the Round Rock Independent School
District property;
THENCE, leaving said Southerly line and said Northerly
Right -Of -Way line and continuing along the Easterly
boundary line hereof and the Westerly line of said School
District property, N 09 56' 00" W, 306.00 feet to an iron
pin found marking the Northeast corner hereof, said point
also being the most Southerly Southeast corner of said
Three Oaks Subdivision;
THENCE, leaving said Easterly line and said Westerly line
and continuing along the Northerly boundary line hereof
and the Southerly line of said subdivision, S 78° 50' 00"
W, 192.20 feet to the POINT OF BEGINNING and containing
1.345 acres of land; and
Whereas, the City of Round Rock, Texas, is intended to be
a beneficiary of the protective covenants hereinafter set
forth, with all rights of enforcement; and
Whereas, Osie M. Cain and wife, Emma Lou Crain, will
convey the above described property, subject to certain protec-
tive covenants, conditions, and restrictions as hereinafter set
forth;
YOL 936'AGE 741
NOW THEREFORE, it is hereby declared that all of the
property described above shall be held, sold, and conveyed
subject to the following restrictions and covenants, which are
for the purpose of protecting the City of Round Rock and the
value and desirability of, and which shall run with, the real
property and shall be binding on all parties having any right,
title, or interest in or to the above described property or any
part thereof, and their heirs, successors, and assigns, and
which restrictions and covenants shall inure to the benefit of
the City of Round Rock and each owner thereof.
The property shall be used for single - family residential
or commercial purposes only, and no building shall be erected,
altered, placed, or permitted to remain on the property for
multi - family purposes, including, but not limited to apart-
ments, condominiums, townhouses, and duplexes.
Any owner and the City of Round Rock shall have the right
to enforce, by any proceeding at law or in equity, the restric-
tions and covenants imposed herein. Failure to enforce any
covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Executed this day of AOeC'P�sr6ar , 1982
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
OSIE M. CRAIN
E LOU IN
Before me;, the undersigned authority, on this day
personally appeared OSIE M. CRAIN, known to me to be the person
whose name subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Gi en under my hand and seal of office on this the
e ° emhew , 1982.
r
No . ry ir: OF in an. or
William-.n County, Texas
- 2 -
VOL 936PAGE 742
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Before me, the undersigned authority, on this day
personally appeared EMMA LOU CRAIN, known to me to be the
person whose name subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
Given undeF my hand and seal of office on this the /' /
day "'of L)'ce'iQr , 1982. 1
§
§
is in and for
County, Texas
Notary
Williamson
- 3 -
e.
THE STATE OF TEXAS
County of Williamson
}
1, James N. Boydston, 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 26th day of Aug • A D 19 83 , at 2:15 o'clock P •M., and duly recorded this
the Bth day of Sept. AD 19 83 , at 11:40" _ o'clock A•M., inthe
Deed
Records of said County, in Vol. 936 pp 740
WITNESS MY HAND and seal of the County Court of said Couuty,.at office in Georgetown, Texas, the date
last above written.
Deputy
JAMES N. BOYDSTON, CLERK,
County Court, Williamson County, Texas
MED
5678
fiLED FOR RECOO
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