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O-85-1173 - 8/22/1985ORDINANCE NO 7 AN ORDINANCE ADDING TO THE OFFICIAL ZONING MAP PASSED AND ADOPTED IN CHAPTER 11, SECTION 3.E.(2) OF THE CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, ADDING TO THE OFFICIAL ZONING MAP AND MAKING THIS ADDITION A PART OF THE OFFICIAL MAP BY ADDING CERTAIN NEWLY ANNEXED PROPERTY TO -WIT• 28.55 ACRES AS DESCRIBED IN EXHIBIT "A ". WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, for the purpose of providing permanent zoning of newly annexed property described in Exhibit "A ", attached hereto and made a part hereof; and WHEREAS, the City Council has submitted the proposed designation of permanent zoning to the City Planning and Zoning Commission for its recommendation and report; and WHEREAS, the City Planning and Zoning Commission on the 6th day' of December to consider the designation of permanent zoning for the above - described property, and has approved and recommended to the City Council on the 6th day of December that the Official Zoning Map be amended so that the above - described property be given a permanent zoning designation, of District R -20 (High Density Residential) , 1984 , held a public hearing ; and r 19 , WHEREAS, each and every requirement set forth in the statutes of the State of Texas and in the Code of Ordinances of the City of Round Rock, concerning notices, hearings, and other procedural matters have been fully complied with; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: An addition be made to the Official Zoning Map of the City of Round Rock, Texas, so that the property described in Exhibit "A ", attached hereto-and made a part hereof, shall be and the same is permanently zoned District R -20 (High Density Residential), (Mark through the following alternative that is. not applicable) Alternatisa_l. 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 of , 1945 Alternative 2. READ and APPROVED on first reading this the day of 19 ATTEST: -1211 - 14- - day READ, APPROVED and ADOPTED on second reading this the day of , 19 J _NNE LAND, City Secretary' IIIKE ROBINSON, MAYOR • City of Round Rock, Texas s . IRREVOCABLE CREDIT NO. 81 -204 City of Round Rock Round Rock, Texas Gentlemen: FRONTIER NATIONAL BANK ROUND ROCK WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF Dayton- Hayden Joint Venture FOR A SUM OR SUMS NOT EXCEEDING IN THE AGGREGATE THE SUM OF Eighteen Thousand and 00 /00 Dollars AVAILABLE BY YOUR DRAFTS DRAWN ON FRONTIER NATIONAL BANK AT SIGHT UNDER THE FOLLOWING TERMS: Only upon certification by the Director of Public Works of the City of Round Rock that the funds are to be used for construction of streets and drainage facilities for Sunrise Road (County Road 115) provided that this letter of credit will not be used unless all other developers owning prop- erty along Sunrise Road Participate equally in the cost of the construction and provided that no other financial means, such as but not limited to the creation of a road utility district or special assessment by the City of Round Rock, occurs. DRAFTS MUST BE NEGOTIATED AND PRESENTED TO US ON OR BEFORE August 22, 1987 ALL DRAFTS DRAWN MUST BE MARKED "DRAWN UNDER FRONTIER NATIONAL BANK LETTER OF CREDIT NO. 81 -204 DATED August 14, 1985. - The amount of any draft drawn under this letter must be endorsed on the reverse hereof, and the presentation of each draft, if negotiated shall constitute a representation and warranty by the negotiating bank to be relied on by us that such endorsement has been made and that documents have been forwarded as herein required if__the draft is not negotiated this credit and all required documents must accompany the draft. The credit must accompany any draft which exhausts it. And must be surrendered upon presentation of such drat. We hereby agree with the drawers, endorsers and bona -fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that the same shall be duly honored on due presentation of the drawee, delivery of documents and compliance with the terms hereof. P.O. Box 38 Round Rock, Texas 78680-0038 (512) 255-0796 This credit is subject to the "Uniform Customs and Practice for Documentary Credits (1962 Revision). International Chamber of Commerce. Brochure No. 222 as superceded by (1974 Revision ICC Publication I290). Sincerely, /akd FRONTIER NATIONAL BANK Ann Miech, Assistant Vice President 1 -k -9 DEDICATION OF RIGHT -OF -WAY THE STATE OF TEXAS C THE COUNTY OF WILLIAMSON { KNOW ALL MEN BY THESE PRESENTS: THAT DAYTON - HAYDEN JOINT VENTURE, hereinafter referred to as GRANTORS, whether one or more, for and in consideration of the benefits to be derived by GRANTORS from the public right -of -way across the premises hereinafter described, have this day GRANTED and CONVEYED, and by these presents do hereby dedicate to the public use the right -of -way more particularly described as follows, to wit: All of that certain tract, piece or parcel of land, lying and being situated in the City of Round Rock, County of Williamson, State of Texas, as described in EXHIBIT "A ", attached hereto and made a part hereof for all pertinent purposes, to which reference is here made for a more particular description of said tract; TO HAVE AND TO HOLD the same perpetually to the Public, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the pur- poses of ingress and egress to or from any lands adjacent to said premises. EXECUTED IN WILLIAMSON COUNTY, TEXAS on this the day of , 1985, A.D. THE STATE OF TEXAS COUNTY OF WILLIAMSON DAYTON - HAYDEN JOINT VENTURE BY: BY: WAYNE T. DAYTON, JR., Venturer J. HOWARD HAYDEN, Venturer This instrument was acknowledged before me on the day of , 1985, by Wayne T. Dayton, Jr., Venturer of Dayton- Hayden Joint Venture, a Texas joint venture, on behalf of said venture. Notary Public - State of Texas Printed Name Commission expires THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 1985, by J. Howard Hayden, Venturer of Dayton - Hayden Joint Venture, a Texas joint venture, on behalf of said venture. Notary Public - State of Texas Printed Name Commission expires BEGINNING at an iron rod found in the westerly right -of -way line of County Road No. 115 (Sunrise Road), being the southeasterly corner of said Dayton tract for the southeasterly corner and POINT OF BEGINNING hereof; THENCE, departing the existing westerly right -of -way line of said county road with the southerly line of said Dayton tract, S69 ° 57'44 "W for a distance of 20.00 feet to an iron rod set for the most southwesterly corner hereof; THENCE, departing said southerly boundary line 20.00 feet from and parallel with the existing westerly right -of -way line of said County Road No. 115, N19 ° 05'00 "W for a distance of 452.18 feet to an iron rod set in the northerly boundary line of said Dayton tract for the most northwesterly corner hereof; THENCE, with the northerly boundary line of said Dayton tract N70 ° 59'15 "E for a distance of 20.00 feet to an iron rod found in the existing westerly right -of -way line of said County Road for the most northeasterly corner hereof; THENCE, coincident with the existing westerly right -of -way line of said County Road S19 ° 05'00 "E for a distance of 451.82 feet to the POINT OF BEGINNING hereof. As Sur v e' by: L ecil 'Jac 7on hisho m Regi teed Public Surveyor No. 4295 CJC:ek March 22, 1985 Job No. 194 -01- 001 -100 FIELD NOTES FOR 0.209 ACRE OF LAND BEING A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, BEING ALSO A PORTION OF THAT TRACT OF LAND IN THE NAME OF WAYNE T. DAYTON, JR., OF RECORD IN VOLUME 1089, PAGE 330 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.209 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: J 85 Date EXHIBIT "A" e ECitAC "SON ■9SHO;M 4295 I -4yg SUR. BLU FF SKETCH TO ACCOMPANY FIELD NOTES. • N 70 ° 59'15 ° E 2000' •) -\ 4,- i, ' _ ') %. C:Z.'4 r. • ��• t S69 °5744��W c's - 20.00' • D li A : : I ..�EXIS TING R.O.W. DAYTON 8c HAYDEN VOL. 1089 PG. 330 28.538 Ac. 0.2075 Ac. 28.3305 Ac. REMAINING W CC z u) S 19 ° 05'00 E 451.82' EDGE OF ASPHALT L -- EX (STING R.O.W. AS S BY+ "4 A: ii., A • ... Z: Z. , CECIL 174y, ISHOLM REGISTE ' . sB LIC1 SURVEYOR Na 4295 1 SCALE . 1 = 100' 0 100 200 LEGEND • PEN FOUND o PEN SET RIGHT WAY DEDI CAT I 0 N 0.2075 — ACR E (9040 S.F.) BAKER - AICKLEN 9063 J°I1yv."R°. B... 100 A ASSOCIATES. INC. AvunT.w•. 78759 Consulting Engineers 512/348.89E0 1 -10 BY: BY: WARRANTY DEED Dayton- Hayden Joint Venture of Travis County, Texas, hereinafter called GRANTOR, for the consideration here- inafter stated, does GRANT, SELL and CONVEY unto The City of Round Rock, Texas, of Williamson County, Texas, hereinafter called GRANTEE, the following described real estate, together with all improvements thereon, situated in Williamson County, Texas, to -wit: All of that certain tract, piece or parcel of land, lying and being situated in the City of Round Rock, County of Williamson, State of Texas, as described in EXHIBIT "A ", attached hereto and made a part hereof for all pertinent purposes, to which reference is here made for a more particular description of said tract; TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the GRANTEE, GRANTEE'S successors and assigns, forever, for the purpose of using said land as public park land. And GRANTOR does hereby bind GRANTOR, GRANTOR'S successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the said GRANTEE, GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to all restrictions, easements and mineral reservations, if any, which are of record applicable to the property hereby conveyed. The consideration for this conveyance, receipt of which is hereby ackowledged, is as follows: (1) $10.00 and other valuable consideration paid to GRANTOR for which no lien either express or implied is retained. Grantee's Mailing Address: 214 East Main Round Rock, TX 78664 Executed this day of , 1985. DAYTON - HAYDEN JOINT VENTURE WAYNE T. DAYTON, JR., Venturer J. HOWARD HAYDEN, Venturer THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 1985, by Wayne T. Dayton, Jr., Venturer of Dayton- Hayden Joint Venture, a Texas joint venture, on behalf of said venture. THE STATE OF TEXAS COUNTY OF WILLIAMSON * Notary Public - State of Texas Printed Name Commission expires * This instrument was acknowledged before me on the day of , 1985, by J. Howard Hayden, venturer of Dayton- Hayden Joint Venture, a Texas joint venture, on behalf of said venture. Notary Public - State of Texas Printed Name Commission expires OF A 10.5257 -ACRE (458,498 SQ.FT.) TRACT OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, BEING ALSO A PORTION OF A 28.538 -ACRE TRACT OF LAND IN THE NAME OF WAYNE T. DAYTON, JR., OF RECORD IN VOLUME 1089, PAGE 330 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 10.5257 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the westerly right - of-way line of County Road No. 115 (Sunrise Road), being the southeasterly corner of said 10.5257 -acre tract, thence, departing said right -of -way line with the southerly boundary line of said 28.538 -acre tract of land the following two courses: (1) S69 ° 44'00 "W for a distance of 619.15 feet; and (2) S70 ° 11'00 "W for a distance of 716.66 feet to a point for the most easterly corner and POINT OF BEGINNING hereof; THENCE, continuing with the southerly line of said 28.538 -acre tract of land S70 ° 59'00 "W for a distance of 367.50 feet to an angle point in the southerly boundary line hereof; THENCE, continuing with the southerly boundary line of said 28.538 -acre tract, 571 for a distance of 1009.19 feet to a point being the southwesterly corner of said 28.538 -acre tract for the most southwesterly corner hereof; THENCE, continuing with the westerly boundary line of said 28.538 -acre tract, N19 ° 00'00 "W for a distance of 451.90 feet to a point being the most northwesterly corner of said 28.538 -acre tract and the most northwesterly corner hereof; THENCE, with the northerly boundary line of said 28.538 -acre tract of land N70`29'00 "E for a distance of 635.00 feet to a point for the most northerly corner hereof; THENCE, departing said northerly boundary line S77 ° 19'56 "E for a distance of 871.47 feet to the POINT OF BEGINNING hereof. Description prepared by: Baker - Aicklen & Associates, Inc., Consulting Engineers 9065 Jollyville Road, Suite 100 Austin, Texas 78759 JC:ek March 26, 1985 Job No. 194 -01- 001 -100 DESCRIPTION i EXHIBIT "A" 'SKETCH TO ACCOMPANY DESCRIPTION 77° 19' 56" E 671.47' APPROX 729' CONTOUR(AVERAGE) MAXIMUM ELEV. OF WATER LEVEL EXCEPT DURING STORM CONDITIONS. ELEV. a 725 2' O I50 0 300 SRAPHIC SCALE N \ cg 2 P.0 B. , 56 ') 5 P ALO 00) OV 1 BEGIN MR REFERENCE • BAKER - AICKLEN & ASSOCIATES. INC. 9065 JOayvr. Rd. SLY. 100 A1.I•0n,T.:•11 79759 � 1 Consulting Engineer's 512/346.8900 DATE: August 20, 1985 SUBJECT: Council Agenda, August 22, 1985 ITEM: 13G - Ordinance Zoning Tract S, Parcel 2 (Crouch Tract) The Council took no action on this item when it was first presented for original zoning December 13, 1984. Council action was based on the desire to have a comprehensive plan put forth by the development community for the upgrading of Sunrise and other area roads. In an effort to obtain permanent zoning (tract is now interim R -6), the owners have submitted the following to be contingent on zoning: 1) Letter of Credit from Frontier National Bank for $18,000 to pay for their pro rata share for the upgrading of Sunrise Road. 2) Field notes and a document to dedicate twenty feet of additional right -of -way on Sunrise Road. 3) Field notes and a document to dedicate 10.5257 acres for a future park site. The Planning and Zoning Commission and staff both recommended R -20 for this tract.