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O-86-1204 - 6/26/1986TO , SUBJECT — MESSAGE. s 1 1 , rL AAR t CLe AA 1 1 _ ,'I 4 0. E � 4 aL . ORIGINATOR NOT WRITE THIS REPLY PATE 4.10, Q.S .. FROM REPLY TO )r SIGNED SIGNED SEND PARTS I AND 3 INTACT -PART I WILL BE RETURN ED WITH REPLY LAW OFFICES WELLS, WALSH &,AKINS A P 3fesslonPl CoryornI o ONE FINANCIAL CENTRE, SUITE 301 - 1717 NORTHIH35 ROUND ROCK, TEXAS 78664 0337 V/4 ORDINANCE NO. /L?■? AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, ADOPTED IN CHAPTER 11, SECTION 3.E.(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 2.079 ACRES, MORE OR LESS, OUT OF THE J.M. Harrell SURVEY, WILLIAMSON COUNTY, TEXAS, AS DESCRIBED BELOW FROM District R -6 (Low Density Residential) To District C -1 (Commercial) WHEREAS, an application has been made to the City Coun- cil of the City of Round Rock, Texas to amend the Official Zoning Map to change the zoning classification of the proper- ty described in Exhibit "A" from District R - (Low Density Residential to District C - 1 (Commercial) 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 20th day of February , 19 86 , 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 zoning classification of the above described property be changed from District R -6 (Low Density Residential) , and WHEREAS, on the 27th day of February , 1985 , after proper notification, the City Council held a public hearing on the requested change, and WHEREAS, the City Council has determined that sub- stantial 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, each and every requirement set forth in Art. 1011a - V.A.T.S. and Chapter 11, Section 3, Code of Ordi- nances, 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 ATTEST: 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 -6 (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 day of Alternative 2. READ and APPROVED on first reading this the day , READ, APPROVED the 0 .? .. 0 day of IN E AND, City Secretary and ADOPTED on second reading this MIKE ROBINSON, Mayor City of Round Rock, Texas found; point; "EXHIBIT A" FIELD NOTES OF A 2.079 -ACRE TRACT OUT OF THE J.M. HARRELL SURVEY IN WILLIAMSON COUNTY, TEXAS; SAID TRACT BEING COMPRISED OF A 1.19 -ACRE TRACT AND A 1.022 -ACRE TRACT RECORDED IN VOLUME 1069, PAGE 431 AND VOLUME 976, PAGE 141, RESPECTIVELY, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.079 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron rod found at the southwest corner of said 1.022 -acre tract; THENCE, S18 ° 44'00 "E, 78.29 feet to an iron rod set; THENCE, S71 ° 58'00 "W, 109.38 feet to an iron rod found at the centerline of a 30 -foot ingress and egress easement described in Volume 656, Page 556, Deed Records of Williamson County, Texas; THENCE, N76 ° 47'00 "W, 193.76 feet along said centerline to a nail THENCE, N48 ° 40'00 "E, 47.24 feet to an iron rod found; THENCE, N45 ° 41'30 "W, 90.12 feet to a nail found in a 6 -inch cedar; THENCE, N70 ° 16'00 "E, 316.80 feet to a fence corner found at an angle point; THENCE, N68 ° 29'32 "E, 86.61 feet to an angle point; THENCE, N69 ° 38'12 "E, 117.85 feet to an angle point; THENCE, N70 ° 24'13 "E, 28.29 feet to an angle point; THENCE, N47 ° 44'06 "E, 44.87 feet to a fence post found at an angle THENCE, N68 ° 52'00 "E, 16.56 feet to a point on the southeast right - of way line of Clark Street (a 60 -foot dedicated road); THENCE, 521 08'00 "E, 151.76 feet along said right -of -way line to the easternmost corner of this tract; THENCE, S70 ° 48'22 "W, 21.12 feet to a fence post at an angle point; THENCE, S70 "W, 75.03 feet to an angle point; THENCE, 569 ° 53'29 "W, 84.91 feet to an angle point; THENCE, S71 ° 30'54 "W, 35.92 feet to an angle point; THENCE, 569 0 32'02 "W, 68.93 feet to an angle point; THENCE, S71 28'00 "W, 56.52 feet to the POINT OF BEGINNING, containing 2.079 acres of land. -:l''a,".`�iA:tk'q K f+•:.3 :,.�o-.. ';?�ry��- "°:J.�.1; _�i2:i:.:^t-w.:'�, "ir.:_vi'•;'-y,:r�=.�..<�3 ;'.,��,x��-�:�._,.:r^�. _Vit:_ �+....,.�;a�,.u:.., ..�'•�'��..u.}�mZ.tS��dry!`r�ii#wl/�"q;hlbt,.�.'."4�.e6�",i"ec;v.� -��r�'r•.:..;es:r,>.%u'�.KX:.;>.is>4si-`.ca�._.:.•��:_.t>.','%:`.•..:`,r,��ca^�t�• 5,�'a�.`r,`�'`-Ci,•3;:^- . - :.`fi......a SSG:.%;'.« .rY^lL.2F_�.,,e..l.:.,S:....,a....>n't+'!'..... "I.e�ri ,-,. .,a_. �., .. .. .- - s ...',. _.."•, � Ul R—6 _ R-8 UB T 'T A T R-6 PUBLIC HEARING AND ZONING RECOMMENDATION • • • - p8 nrj 11114 \��. I � U B - T T,.. T . • • Date of Review: February 17 , 1986 -Requested by: Bob Clark Builders of Texas, Inc. -Description: - acreage 2.079 acres survey Jacob M. Harrell Survey - Location'rcrth Creekside Industrial Park separated by a long narrow residential area. south R -6 subdivision east Clark Street west R -6 subdivision • - -Land Use * Policy: Intensity Area Four (hifgh) - Existing Zoning: District R -6 (low density residential) • Guested Action: . District C -1 (Commercial) Applicable Land Use Regulations Max. Height: 60 feet Min. Lot Req: N/A Off Street Parking: one (1) space for each two hundred (200) sq. ft. of floor ar front 25 feet • 3.111' pJ rear None, except 50 feet when abutting R -6 or R -12 - side None, except 50 feet when abutting R -6 or R -12 - Aq!suaqul esn pUe Suluoz Supslxa traffic 124 vehicle trips per day water 4538 - 6150 gallons per day sewer 3027 - 4102 gallons per day Sulu( R4senbz traffic 1586 vehicle trips per day water 6898 gallons oer day 8 CL ARK STREET RE ZONING Item #8 'Page 2 February 17, 1986 The subject tract is abutted by residential zoning on the north, west and south and as such has severe development constraints if rezoned for Commercial Use. In fact the setback requirements of the zoning ordinance would restrict.the development to a strip that averages only about thirty feet in width. The applicant's site plan will not be possible even if rezoned as long as all the adjacent parcels remain zoned residential. In addition, the conditions required For waivers of the setback requirements in the zoning ordinance can not be met. Therefore it is necessary to look at the zoning of this parcel in conjunction with adjacent lands particularly the parcel to the north. This approach will of course have to speak to both land use and road patterns in the area. As a result we have reviewed the potential uses of the parcels immediately north (Parcel B) and south (Parcel C) of the subject tract as well as the lands adjacent to Sam Pass Road (Parcel D), which will be affected by the use of the parcel immediately north of the proposed mini warehouses site. Parcel A has two potential highest and best uses. The first use is moderate density multi family development. If the parcel is developed as a multi family site the adjacent parcel C could be easily integrated into a staged development. The tiering section of the ordinance does not affect the land since the adjacent residential development is not platted. The second potential use for parcel A is a limited commercial use similar to that proposed by the developer. THIS USE MUST BE COORDINATED WITH THE DEVELOPMENT OF PARCEL B OR THE SPECIAL SETBACK REQUIREMENTS OF THE ORDINANCE WILL EFFECTIVELY ELIMINATE MOST COMMERCIAL USES ON THE SITE. The portion of Parcel B adjacent to Parcel A should be zoned and developed as a unit if parcel A is to be effectively developed. In order to accomplish this it will also be necessary to provide access to the rear portion of parcel B from Sam Bass Road. Therefore it is recommended that the zoning of Parcel A remain R6 at this time. It is further recommended that no rezoning be considered for the site until such time as the portion of Parcel B adjacent to Parcel A is included in a single comprehensive application and until such time that an alternate access to the rear of Parcel B is obtained from Sam Bass Road to allow for the comprehensive residential development of the entire are - between Brushy Creek and Sam Bass Road. The attached map shows the above noted concerns and optimal land uses. If the lands are comprehensively rezoned the following covenants should be applied to the proposed development. MEMOR ANDUM DATE: May 19, 1986 TO: Jack Harzke - City Manager FROM: Joe Vining - Director of Planning RE: Clark Mini Warehouse Rezoning from SF-2 to C-1 The above noted rezoning application was tabled March 13, 1986 to allow for a review of future zoning and land uses on adjacent properties. The rezoning application when considered in isolation would have resulted in spot rezoning which would have necessitated special setbacks being applied to the proposed development, severly limiting any reasonable development of the site. The review of surrounding lands indicates that the subject property is suited to a restricted commercial development as proposed, provided the immediately abutting strip of land to the north is also zoned or designated for similar development. The proposed land use (mini-warehousing) would form a buffer between the residential use to the south and the industrial uses to the north provided deed restrictions strictly control the size and location of buildings, screening, uses, access etc. The parcel to the north of the subject lands has one specific problem related to its potential development; namely, it is the sole legal access to a much larger parcel to the west and has very little development potential until an alternate access is obtained to this area. This panhandle provides difficult physical access to the west and residential access through an Industrial/Warehouse area is not appropriate. Thus the best use of this portion of the parcel is limited commercial adjacent to the subject property. The land to the west has severely restricted development potential due to having no effective frontage on a major roadway, being largely within the 100 year flood plain and being bisected by two power easements. On the other hand the land is treed with creek frontage and set well back from major roadways, thus making it well suited for some form of cluster housing. As a result the highest and best use is deemed to be a P.U.D. (residential at si:: (6) units per acre). The density transfers and bonus in a P.U.D. would effectively allow multi-family development with a substantial amenity area adjacent to the creek. The amenity areas would effectivly buffer these higher densities from single family development to the Southeast. The adjacent parcels to the north and west are similar in nature and are also recommended for a P.U.D. ( residential) land use. Summary: 1. The lands shown in red are suitable for limited commercial development. 2. The subject rezoning should proceed with the necessary deed restrictions to assure compatability with adjacent residential uses to the south. ( residential 3. The lands shown in yellow are suitable for P.U.D. at six (6) units per acre.) 4 Alternate access should be obtained as part of any approvals for density transfers and bonus for parcel B. 5. That an ordinance be prepared and advertised For public hearings to rezone the strip of land lying between the subject tract and the Creekside Industrial Park. Attachment: Proposed Land Use Map Map showing flood plain restrictions on 'parcel B'. ED BABsom 975 1817 1 OSsm • 64$f511 9,7 T. p. L. 233/202 Ac REF.ER TO 3 5412 ir ORAL 444 322,16 e CALGARY P1 DWELL O 010. 1 4 # * 0 , . a gui • I I 1 • Vet ilirr 10 AV JOEL JOHNSON T u +0 t o p pp / ■ ' •• Ak _.,■■ AUSTIN WHITE LIME ttl 00001 9 51 6 t , y4 1■1 s * Is I % • ntre;0;1 11411 I e TONK 13 0110b 4414:t:$1 11 ;1: *** °S3 9 4675 S5AP2: I N G71 „*** ro w = ORME .s % V, 4ASS*11!$;;1114 144 �* R0UR0CK CE ETERY I W" 1ce B.R CER BOB CLARK 459 764 Ac SCALE 1"=400 453,, 55 CHI, 103 2( 37. (showing developable portions of subject land outlined in Red) CREEKS1DE PLACE LEGEND FOOPERrf LINE 0 IRON PIN FOUND e MON PIN SET o + POINT Ft000 PLAIN ELEV. " PROPOSED nu- AREA FLOOD PLAIN ELEN 1404 STATE OF TEXAS KNOW ALL HEN BY THESE PRESENTS: cowry or WILLIAMSON This plat was prepared from an on-the-ground survey, prepared by 0.G.Leppin. R.P.S.,P.E., on 02 February 1984 and from the "Flood Plain Hydraulics Study of Round Rock, Texas" by Layry W.Mays, Ph.D.,P.E., August 1985. 0.G.LEPPIN,R,P ,N0.2168, P.E. ,t 17250 The Honorable Mike Robinson Mayor, City of Round Rock City Council Members 214 East Main Street Round Rock, TX 78664 cc: Jack Harzke Jane McAdams Joe Baker June 20, 1986 RE: Mini - Warehouse Zoning on Clark Street (as described in Exhibit "A ") Dear Mayor Robinson and City Council Members: This letter shall serve as our commitment to reconstruct that portion of Clark Street from Sam Bass Road to the southern property line of the mini - warehouse project. As instructed by Lonnie Webb of the Public Works Department, the improvements will include a 30 foot pavement with curb and gutter in a minimum 50 foot right of way. A performance bond for the street improvements will be posted by the contractor prior to the issuance of a building permit on the mini - warehouse project. ' Sincerely, BOB CLARK BUILDERS, INC. te Ethridge V.P. Construction DATE: June 19, 1986 SUBJECT: Council Agenda, June 26, 1986 ITEM: 11D - Consider an ordinance amending the Zoning Ordinance by rezoning a 2.079 acres parcel of land located on Clark STreet from District R -6 (Low Density Residential) to District C -1 (Commercial). (First Reading; Tabled 2- 27 -86; 3- 13 -86; 5- 22 -86) This item was tabled on March 13th, 1986 in order to review the adjacent land uses and determine the desireability of also rezoning a portion of the tract immediately north of the subject tract for commercial use (C -1). The attached report recommends rezoning of the subject tract and the portion of the tract to the north abutting the subject tract. This item was tabled at the request of the applicant to allow them to review the request for street improvements necessary to accommodate traffic generated by the proposed development. The applicant has committed to construction of the necessary street improvements in a letter attached for your information. THE STATE OF TEXAS X COUNTY OF WILLIAMSON X AGREEMENT CONCERNING UPGRADING OF CLARK STREET 25459 . �01 13 r12h vc?1uNi 2 6 1986 WHEREAS, Bob Clark Builders of Texas, Inc. ( "Clark ") has requested the rezoning of a certain tract of land in the City of Round Rock, Williamson County, Texas, for use as a mini - warehouse project, which property is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the City of Round Rock, Texas ( "City ") has requested certain street improvements to be made in connection with the construction of certain improvements; and WHEREAS, Clark and City now desire to document the exact street improvements that must be made in connection with said construction; NOW, THEREFORE, Clark and City hereby agree as follows: 1. Clark hereby agrees to reconstruct the portion of Clark Street from Sam Bass Road to the southern property line of the mini - warehouse project, which project is on the property described on Exhibit "A." • 2. The street improvements shall consist of a thirty foot (30') pavement to City of Round Rock standards, with curb and gutter. 3. Clark agrees that these paving improvements will be made in a minimum of a fifty foot (50') right -of -way. 4. No building permit shall be issued on said mini - warehouse project until a performance bond in the full amount required to construct such improvements is posted with the City. 5. It is agreed by City and Clark that said performance bond will be posted by the actual contractor who will perform the street improvements. 6. This agreement constitutes the sole agreement of City and Clark concerning said street improvements, and it is expressly agreed that this agreement is intended to be a legally enforceable commitment of both parties. 7. All obligations of City and Clark described in this Agreement are performable in Williamson County, Texas. EXECUTED this 26th day of June, 1986. 6RA613:RA7f1 OFFICIAL RECORDS -1- WIL,L.IAMSON COUNTY. TEXAS BOB CLARK BUILDERS OF TEXAS, INC. Bv: teve Ethrid of Constru ion , Vice President EXECUTED this A641. day of THE STATE OF TEXAS X COUNTY OF WILLIAMSON • X of said corporation. • THE STATE OF TEXAS X COUNTY OF WILLIAMSON X 6RA613:RA7f1 By: , 1986. CITY OF ROUND ROCK, TEXAS Mike Robinson, Mayor This instrument was acknowledged before me on the 26th day of June, 1986, by Steve Ethridge, Vice President of Construction of Bob Clark Builders of Texas, Inc., a Texas corporation, on behalf Nota Public - State of Texas Jane McAdams Typed or Printed Name of Notary G Commission Expires: 5 -20 -89 This instrument was acknowledged before me on the a b f(.. day of , 1986, by Mike Robinson, Mayor of the City of Round ock, a municipal corporation, on behalf of said corporation. Notar{yy Public - State of Texas -i E M 5 Typed or Printed Name of Notary Commission Expires: S /a.o /p9 BEGINNING at an iron rod found at the southwest corner of said 1.022 -acre tract; THENCE, 518 ° 44'00 "E, 78.29 feet to an iron rod set; THENCE, S71 ° 58'00 "W, 109.38 feet to an iron rod found at centerline of a 30 -foot ingress and egress easement described in Volume Page 556, Deed Records of Williamson County, Texas; found; angle point; point; THENCE, N68 ° 52'00 "E, 16.56 feet to a point on the southeast right - of way line of Clark Street (a 60 -foot dedicated road); THENCE, S21 08'00 "E,'151.76 feet along said right -of -way line to the easternmost corner of this tract; THENCE, S70 ° 48'22 "W, 21.12 feet to a fence post at an angle point; THENCE, S70 ° 48'21 "W, 75.03 feet to an angle point; THENCE, 569 ° 53'29 "W, 84.91 feet to an angle point; THENCE, S71 ° 30'54 "W, 35.92 feet to an angle point; THENCE, S69 ° 32'02 "W, 68.93 feet to an angle point; THENCE, S71 28'00 "W, 56.52 feet to the POINT OF BEGINNING, containing 2.079 acres of land. "EXHIBIT A" FIELD NOTES OF A 2.079 -ACRE TRACT OUT OF THE J.M. HARRELL SURVEY IN WILLIAMSON COUNTY, TEXAS; SAID TRACT BEING COMPRISED OF A 1.19 -ACRE TRACT AND A 1.022 -ACRE TRACT RECORDED IN VOLUME 1069, PAGE 431 AND VOLUME 976, PAGE 141, RESPECTIVELY, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.079 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: the 656, THENCE, N76 ° 47'00 "W, 193.76 feet along said centerline to a nail THENCE, N48 ° 40'00 "E, 47.24 feet to an iron rod found; THENCE, N45 ° 41'30 "W, 90.12 feet to a nail found in a 6 -inch cedar; THENCE, N70 ° 16'00 "E, 316.80 feet to a fence corner found at an THENCE, N68 ° 29'32 "E, 86.61 feet to an angle point; THENCE, N69 ° 38'12 "E, 117.85 feet to an angle point; THENCE, N70 ° 24'13 "E, 28.29 feet to an angle point; THENCE, N47 6 44'06 "E, 44.87 feet to a fence post found at STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on JUN 30,19861 l7 I COUNTY CLERK WILLIAMSON V OI - 1379 PACI 7 an angle IN DEX Eil FILED FOR RECORD 11ILLIAt i ^ �' ('^ "P Y. TX. 199E6 JUN 27 AM 0: 21 COUNTY r rF? „7t 25459 OZG J /7/7 77m44-4, //{ 'S tt lju Vol 137g P4t,t 62j DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS This declaration made on the date hereinafter set forth, by Bob Clark Builders of Texas, Inc., a Texas corporation, and the City of Round Rock, Texas, a municipal corporation. OFFICIAL RECORDS WILLIAMSON COUNTY XICKAZI WITNESSETH WHEREAS, Bob Clark Builders of Texas, Inc. is the owner of that real property located in the City of Round Rock, Williamson County, Texas, more particularly described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Bob Clark Builders of Texas, Inc. hereinafter referred to as "Declarant" desires to - construct thereon mini - warehouses; i.e., small self storage units; and WHEREAS, Declarant desires to accommodate the needs of the City of Round Rock and residents whose property is located near the aforesaid property to preserve the aesthetic values of the neighborhood wherein the property is located, and to this end desires to subject the property herein described to the covenants, restrictions, easements, and charges, hereinafter set forth, each and all of which is and are for the benefit of said property, the City of Round Rock and neighboring residential property owners; and WHEREAS, Declarant, the City of Round Rock and such property owners deem it advisable to regulate the construction and location of said mini - warehouses; WHEREAS, Declarant hereby declares that the property described shall be subject to the following easements, restrictions, protective and restrictive covenants, and conditions, which are for the purpose of protecting the value and desirability of the real property described above and neighboring real property used for residential purposes; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Declarant and the City of Round Rock do hereby make and file the following declarations, reservations, protective covenants, limitations, conditions, and restrictions regarding the construction and maintenance of mini - warehouses on the property described above as follows: 1. Declarant shall construct and maintain a 9 foot high cedar privacy fence with rustproof metal support posts on the above described real property. Said fence shall be placed on Declarant's own property pursuant to 50 foot setbacks requirements promulgated by the City of Round Rock, and said fence shall be at least 50 feet from the property line of Declarant. Said fence shall be erected within the property which adjoin residentially zoned parcels but the fence need not be erected on a side of the property which does not face residentially zoned parcels. The finished side of the fence shall face outward from the subject property. 2. Declarant hereby covenants and agrees that no storage, warehousing, business activity or other occupation of the property, shall be permitted to occur out -of -doors or under or within any form of temporary shelter, tarpaulin, tent, enclosure or other similar device, except as herein specified: Limited outdoor storage of personal property including boats, campers, recreational vehicles, and trailers shall be permitted if it meets the following criteria: lju (a) It must be located so as not to interfere with traffic movement and access by fire protection vehicles. (b) All vehicles or trailers stored on site shall not exceed 9.5 feet in height. 3. Declarant hereby covenants and agrees that no hazardous, flammable, odorous, or noise producing material or activity shall be permitted to be stored or otherwise occur on the property and further covenants and agrees that any internal combustion motor or engine shall not have any fuel source connected to said motor or engine while in storage. In the event that fuel source disconnection is not feasible or practicable, the associated fuel storage container shall be safely emptied prior to storage of a motor or engine. 4. Declarant hereby covenants and agrees that no live animal, fowl or livestock, nor any perishable portion of animals, fowl or livestock or other food products shall be permitted to be stored in any warehouse storage unit. 5. Declarant covenants and agrees that the above described property's commercial use will involve only the construction and maintenance of mini - warehouses and such administrative facilities as may reasonably be required to maintain those mini - warehouses, including a residence for the caretaker on the property; however, Declarant further covenants and agrees not to utilize said mini - warehouses for any other purpose, including but not limited to office, musical studio or practice room, retail, repair shop or residential uses, hobby occupations, industrial, light or heavy manufacturing, warehousing of in process materials, goods or products, or storage of operable commercial vehicles or trailers. 6. Declarant hereby covenants and agrees that no portion of any administrative facility and no portion of any caretaker residence shall be sold, leased, rented or in any manner conveyed or used for any purpose not immediately and directly associated with the operation of the mini - warehouses located on this property. 7. Declarant covenants and agrees to maintain all mini - warehouses and not expand the same beyond the fifty (50) foot set back line within the above described property and not to remove or cause to be removed any shrubs, trees, bushes or rocks which form a natural barrier to view of said property from adjacent residential areas, which buffer shall be outside the fence provided by Paragraph 1 above. Further, declarant agrees to install such landscape screening as may be required as a part of the site plan approval. 8. Declarant covenants and agrees that the exterior of the mini- warehouses will be of a color or colors designed to harmonize with exterior structure colors utilized in adjacent residential areas. 9. Declarant covenants and agrees to install site surface drainage in a manner so as to prevent all water runoff onto adjacent residental areas, except for runoff originating solely on the landscaped buffer areas on the southwest portion of the parcel. 10. Any structure or structures built on this site will be only one story in height, and no two -story or higher structures will be permitted. 11. The mini - warehouses and any other portion of the property will have a single access to Clark Street only. - 2 - 1379„v r.821 lju 4. 12. It is agreed that the location and construction of all structures to be located on the property shall be in full compliance with all applicable code, ordinances and procedures of the city and shall further comply with all stipulations or conditions as may be required for approval of a site plan for mini - warehouses. 13. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the then owners of the property and the City of Round Rock has been recorded, agreeing to change said covenants, conditions and restrictions, in whole or in part. 14. Enforcements of these covenants shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages. All violation abatement costs and /or applicable legal fees incurred by the city as a result of enforcing the terms of this covenant or any code or ordinance of the city shall be borne in full by the declarant. 15. Invalidation of any one of these covenants by judgment or a court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned, being the Declarant herein has hereunto set its hand this 9'!L day of 1986. THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § BOB CLARK BUILDERS OF TEXAS, INC., A Texas ration ert E. ark, Preside t IN WITNESS WHEREOF, the undersigned, being the C ity of Round Rock has hereunto set its hand this 2G tL day of �(J 1986. CITY OF ROUND ROCK BY: BEFORE ME, the undersigned authority on this day personally appeared Robert E. Clark, President of Bob Clark Builders of Texas, Inc., a Texas Corporation, 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. - 3 - Mike M Robi s or. Mike Robi son, Mayor lju GIVEN UNDER MY HAND AND SEAL OF OFFICE this the .Z soh, day of .:71.R O , 1986. THE STATE OF TEXAS COUNTY OF WILLIAMSON § § Printed Name: - 4 - voi 1379NE-623 mgad- Notar}ij Public, State of Texas .JANE / ms My commission expires: 0.119 BEFORE ME, the undersigned authority on this day personally appeared Mike Robinson, Mayor of the City of Round Rock, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the sZ/e M day of , 1986. a Qn,.e, rnic(. da,-�� Notary ublic, State of Texas Printed Name: JANE Al/D401 S' My commission expires: 57/0/19 o1- c 0 LJ= point; VOI 1379tv 624 found; angle point; •1 Cam: THENCE, S70 ° 48'Z2 "W, 21.12 THENCE, S70 ° 48'21 "W, 75.03 THENCE, S69 ° 53'29 "W, 84.91 THENCE, S71 ° 30'54 "W, 35.92 THENCE, S69 0 32'02"W, 68.93 "EXHIBIT A" FIELD NOTES OF A 2.079 -ACRE TRACT ' OUT OF THE J.M. HARRELL SURVEY IN WILLIAMSON COUNTY, TEXAS; SAID TRACT BEING COMPRISED OF A 1.19 -ACRE TRACT AND A 1.022 -ACRE TRACT RECORDED IN VOLUME 1069, PAGE 431 AND VOLUME 976, PAGE 141, RESPECTIVELY, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.079 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron rod found at the southwest corner of said 1.022 -acre tract; THENCE, 518 ° 44'00 "E, 78.29 feet to an iron rod set; THENCE, S71 ° 58'00 "W, 109.38 feet to an iron rod found at the centerline of a 30 -foot ingress and 'egress easement described in Volume 656, Page 556, Deed Records of Williamson County, Texas; THENCE, N76 ° 47'00 "W, 193.76 feet along said centerline to a nail THENCE, N48 ° 40'00 "E, 47.24 feet to an iron rod found; THENCE, N45 ° 41'30 "W, 90.12 feet to a nail found in a 6 -inch cedar; THENCE, N70 ° 16'00 "E, 316.80 feet to a fence corner found at an THENCE, N68 ° 29'32 "E, 86.61 feet to an angle point; THENCE, N69 ° 38'12 "E, 117.85 feet to an angle point; THENCE, N70'24'13 "E, 28.29 feet to an angle paint; THENCE, N47 ° 44'06 "E, 44.87 feet to a fence post found at an • angle THENCE, N68 ° 52'00 "E, 16.56 feet to a point on the southeast right - of way line of Clark Street (a 60 - foot dedicated road); THENCE, S21 ° 08'00 "E, 151.76 feet along said right -of -way line to the easternmost corner of this tract; feet to a fence post at an angle point; feet to an angle point; feet to an angle point; feet to an angle point; feet to an angle point; THENCE, S71 28'00 "W, 56.52 feet to the POINT OF BEGINNING, containing 2.079 acres of land. STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon and Page of was duly RECORDED, County, Texas, as stamped hereon by me, on JUN 3 01986 COUNTY CLERK WILLIAMSON COUNTY, TEXAS