O-87-1245 - 8/13/1987ORDINANCE NO. /? 4L
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 17.94
ACRES, MORE OR LESS, OUT OF THE David Curry .
SURVEY, WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED BELOW FROM I - (General Industrial)
TO C -1 (General 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 ", "B" and '!C" from I -1 (General
Industrial) to C -1 (General 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 6th
day of August , 19 87 , 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 I -1 (General Industrial)
to C - (General Commercial) , and
WHEREAS, on the 13th day of August , 87 , 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 -f 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
TEXAS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
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 ", "B" and "C" attached
hereto and incorporated herein is hereby changed from I -1 (General Industrial
and shall be, and hereafter
designated as
C - 1 (General Connpxcial)
(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.
day of £ /I J/41 ,nu.
7t/
Alternative 2.
READ and APPROVED on first reading this the day
of
READ, APPROVED and ADOPTED on second reading this
the day of
ATTEST:
READ, PASSED, and ADOPTED on first reading this /“/
JSjNNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
EXHIBIT "A"
SURO1 -13
EMKAY DEVELOPMENT CORPORATION
DEC #2181 -01
JUNE 22, 1987
FIELD NOTE DESCRIPTION
FIELD NOTES FOR A TRACT OF LAND CONTAINING
4.134 ACRES IN THE DAVID CURRY SURVEY,
ABSTRACT -130, WILLIAMSON COUNTY, TEXAS. SAID
4.134 ACRE TRACT OF LAND BEING OUT AND A PART
OF THAT CERTAIN 61.825 ACRE TRACT OF LAND
DESCRIBED IN VOLUME 1133 AT PAGE 613; THAT
CERTAIN 71.838 ACRE TRACT OF LAND DESCRIBED
IN VOLUME 1047 AT PAGE 701; THAT CERTAIN
5.956 ACRE TRACT OF LAND DESCRIBED 'IN
VOLUME 1044 AT PAGE 106; AND THAT PORTION OF
OLD U. S. HIGHWAY 81 DESCRIBED IN VOLUME 269
AT PAGE 357; ALL OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS. SAID 4.134 ACRE
TRACT OF LAND BEING' MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod set at the Southwest
corner of a called 0.47 acre tract of land, out of the North end
of said 5.956 acre tract of land, and being in the East line of
Interstate Highway 35, for the Southwest corner of the herein
described tract;
THENCE, N.3 ° 06'59 "W., with the common West line of
said 0.47 acre tract of land and said 5.956 acre tract of land,.
and the East line of said Interstate Highway 35, a distance of
99.28 feet to a 1/2 inch iron rod set at the common Northwest
corner of said 0.47 acre tract of land and said 5.956 acre tract
of land, and being the Westerly Southwest corner of said portion
of old U. S. Highway 81, for an angle point of the herein
described tract;
THENCE, N.1 ° 13'35 "W., with the Northerly West line of
said portion of old U. S. Highway 81, and the East line of said
Interstate Highway 35, a distance of 169.07 feet to a 1 /2'inch
iron rod set for an angle point;
THENCE, N.1 ° 47'16 "W., continuing with said Northerly
West line, and the East line of said Interstate Highway 35, a
distance of 151.64 feet to a brass cap found in concrete for an
angle point at the beginning of a fillet at the intersection of
the East line of said Interstate Highway 35 and the South line
of the new U. S. Highway 81, and being'the Westerly North corner
of said portion of old U. S. Highway 81, for the Westerly
Northwest corner of the herein described tract;
THENCE Northeasterly, with said fillet, being a curve
to the right, thru a central angle of 113 ° 45'51 ", having a
radius of 30.00 feet, an arc length of 59.57 feet, a tangent of
45.99 feet, and a chord bearing and distance of N.58 ° 39'43 "E.,
50.25 feet, to a brass cap found in concrete for an angle point
at the end of said fillet, being in the South line of the
new U. S. Highway 81, and the North line of said portion of the
old U. S. Highway 81, for the Northerly Northwest corner of the
herein described tract; '
THENCE, S.65 ° 21'57 "E., with the South line of said
new U. S. Highway 81, the North line of said portion of
old U. S. Highway 81, and the North line of said 61.825 acre
tract of land, a distance of 482.71 feet to a brass cap found in
concrete for an angle point at the beginning of a curve for the
Northerly Northeast corner of the herein described tract;
SUR01 -13
Emkay Development Corporation
DEC #2181 -01
June 22, 1987
Page Two
THENCE Southeasterly, with the Southwest line of said
new U. S. Hi 81, being a curve to the right, thru a central
angle of 89'20'34", having a a radius of 25.00 feet, an arc
length of 38.98 feet, a tangent of 24.71 feet, and a chord
bearing and distance of S.20 ° 24'04 "E., 35.15 feet, to a brass
cap found in concrete for an angle point at the end of said
curve for the Easterly Northeast corner of the herein described
tract;
THENCE Southwesterly, with the Northwest line of said
new U. S. Highway 81, being a curve to the left, thru a central
angle of 15"32'34", having a radius of 1,154.38 feet, an arc
length of 313.15 feet, a tangent of 157.54 feet, and a chord
bearing and distance of S.16 ° 47'52 "W., 312.19 feet, to a
1/2 inch iron rod found at the Northeast corner of a called
0.97 acre tract of land, out of said portion of
old U. S. Highway 81 and said 71.838 acre tract of land, for the
Southeast corner of the herein described tract;
THENCE, N.77 ° 20'22 "W., with the North line of said
0.97 acre tract of land, a distance of 205.70 feet to a
1/2 inch iron rod found at the Northwest corner of said
0.97 acre tract of land, the Southeast corner of the aforesaid
0.47 acre tract of land, and being in the Southerly West line of
said portion of old U. S. Highway 81, for an angle point of the
herein described tract;
THENCE, N.77 ° 28'09 "W., with the South line of said
0.47 acre tract of land, a distance of 193.9.1 feet to the PLACE
OF BEGINNING and containing 4.134 acres of land.
As Surveyed by DANNENBAUM ENGINEERING CORPORATION
ohn McGaugkf
Registered - b c Surveyor, No. 2091
0• a =,
•JOHN McGAUGHY -
... .... 7. 2091 ; .
.O:
�tiQ� fC1S7 @ '�� � -�
EXHIBIT "5"
FIELD NOTE DESCRIPTION
SURO1 -14
EMKAY DEVELOPMENT CORPORATION
DEC #2181 - 01
JUNE 22, 1987
FIELD NOTES FOR A TRACT OF LAND CONTAINING
8.42 ACRES IN THE DAVID CURRY SURVEY,
ABSTRACT -130, WILLIAMSON COUNTY, TEXAS. SAID
8.42 ACRE TRACT OF LAND BEING LOT 1,
BLOCK "D ", CRYSTAL PARK, A PLATTED AND
APPROVED SUBDIVISION OF A 140.67 ACRE TRACT
OF LAND IN SAID DAVID CURRY SURVEY,
ABSTRACT -130, WILLIAMSON COUNTY, TEXAS,
DESCRIBED IN VOLUME 953 AT PAGE 601,
VOLUME 1047 AT PAGE 701, AND VOLUME 1047 AT
PAGE 721, OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS. SAID 8.42 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a point in the East right -of -way line of
U. S. Hwy. 81, 100 feet in width, at the Southwest corner of
said Lot 1, being the Southwest corner of said Crystal Park, and
being _ N.85 ° 50'W., 7,003.91 feet from the Southeast corner of
said David Curry Survey, Abstract - 130;
THENCE, N.21 ° 26'47 "W., with the West line of said
Lot 1, and the East right -of -way line of said U. S • Hwy. 81, a
distance of 19.12 feet to a point of curvature; -
THENCE, Northerly, continuing with the West line of
said Lot 1, and the East right -of -way line of said
U. S. Hwy. 81, being a curve to the right, thru a central angle
of 47 ° 02'48 ", having a radius of 1,049.55 feet, an arc length
of 861.81 feet, a tangent of 456.87 feet, and, a chord bearing
and distance of N.2 04'37 "E., 837.80 feet, to a point of
compound curvature at the West end of a fillet at the
intersection of the East right -of -way line of said U. S. Hwy. 81
and the South right -of -way line of U. S. Hwy. 81, 120 feet in
width, for the Westerly Northwest corner of the herein described
tract;
THENCE, Easterly, with said fillet, being a curve to
the right, thru a central angle 'of 90 ° 00'00 ", having a radius
of 25.00 feet, an arc length of 39.27 feet, a tangent of 25.00
feet, and a chord bearing and distance of N.70 ° 36'01 "E., 35.36
feet, to a point at the Northerly end of said fillet for the
Northerly Northwest corner of the herein described tract;
THENCE, 5.64 "E., with the North line of said
Lot 1, and the South right -of -way line of said U. S. Hwy. 81, a
distance of 209.46 feet to a point of curvature;
THENCE, Southeasterly, continuing with the North line
of said Lot 1, and the South right -of -way line of said
U. S. Hwy. 81, being a curve to the left thru a central angle of
10 ° 04'43 ", having a radius of 1,360.00 feet, an arc. length of
239.23 feet, a tangent of 119.22 feet, and a chord bearing and
distance of S.69 ° 26'22 "E., 238.92 feet, to a point of reverse
curvature at the Northerly end of a fillet at the intersection
of the South right -of -way line of said U. S. Hwy. 81 and the
West right -of -way line of Lamar Drive, 60 feet in width, for the
Northerly Northeast corner of the'herein described tract;
SUR01 -14
Emkay Development Corporation
DEC #2181 -01
June 22, 1987
Page Two
THENCE, Southeasterly, with said fillet, being a curve
to the right, thru a central angle of 87 ° 43'27 ", having a
radius of 25.00 feet, an arc length of 38.28 feet, a tangent of
24.03 feet, and a chord bearing and distance of S.30 ° 36'58 "E.,
34.65 feet, to a point at the Easterly end of said fillet for
the Easterly Northeast corner of the herein described tract;
THENCE, S.13 ° 14'45 "W., with the East line of said
Lot 1, and the West right -of -way line of said .Lamar Drive, a
distance of 171.78 feet to a point of curvature; .
THENCE, Southerly, continuing with the East line of
said Lot 1, and the West right -of -way line of said Lamar Drive,
being a curve to the left, thru a central angle of 32 ° 18'55 ",
having a a radius of 430.00 feet, an arc length of 242.52 feet,
a tangent of 124.58 feet, and a chord bearing and distance of
S.2 ° 54!40 "E., 239.32 feet, to a point of tangency;
THENCE, S.19 ° 04'06 "E
of said Lot 1, and the
Lamar Drive, a distance of
Southeast corner of said Lot
said Crystal Park, for the
described tract;
AC: ' .:4L./..eve -
ohn McGaugh,/
Registered / Surveyor, No. 2091
., continuing with the East line
West right -of -way line of said
95.69 feet, to a point at the
1, and being in the South line of
Southeast corner of the herein
THENCE, S.71 ° 20'02 "W., with the South line of said
Lot 1, and the South line of said Crystal Park, a distance of
518.02 feet to the PLACE OF BEGINNING, containing 8.42 acres of
land, and being all of Lot 1, Block "D", Crystal Park.
This description is based on a subdivision plat of
Crystal Park prepared by Espey, Huston & Associates, Inc.
EXHIBIT "D"
FIELD NOTE DESCRIPTION
SUR01 -15
EMKAY DEVELOPMENT CORPORATION
DEC #2181 -01
JUNE 22, 1987
FIELD NOTES FOR A TRACT OF LAND CONTAINING
5.39 ACRES IN THE DAVID CURRY SURVEY,
ABSTRACT -130, WILLIAMSON COUNTY, TEXAS. SAID
5.39 ACRE TRACT OF LAND BEING LOT 1,
BLOCK "E ", CRYSTAL PARK, .A PLATTED AND
APPROVED SUBDIVISION OF A 140.67 ACRE TRACT
OF LAND IN SAID DAVID CURRY SURVEY,
ABSTRACT -130, WILLIAMSON COUNTY, TEXAS,
DESCRIBED IN VOLUME 953 AT PAGE 601,
VOLUME 1047 AT PAGE 701, AND VOLUME 1047 AT
PAGE 721, OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS. SAID 5.39 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING, at a point in the East right -of -way line of
U. S. Hwy. 81, 100 feet in width, at • the Southwest corner of
Lot 1, Block "D ", being the Southwest corner of 'said
Crystal Park, and being N.85 ° 50'W., 7,003.91 feet from the
Southeast corner of said David Curry Survey, Abstract -130;
THENCE, N.71 ° 20'02 "E., with the South line of said
Lot 1, Block "D ", the South line of Lamar Drive, 60 feet in
width, and the South line of said Crystal Park, a distance of.
578.02 feet to a point at the Southwest corner of said Lot 1,
Block "E ", and the Southeast corner of said Lamar Drive, for the
Southwest corner and PLACE OF BEGINNING of the hereinafter
described tract;
THENCE, N.19 ° 04'06 "W., with the West line of said
Lot 1, Block "E ", and the East right -of -way line of said
Lamar Drive, a distance of 96.11 feet to a point of curvature;
THENCE, Northerly, continuing with the West line of
said Lot 1, Block "E ", and the East right -of -way line of said
Lamar Drive, being a curve to the right, thru a central angle of
32 ° 18'55 ", having a radius of 370.00 feet, an arc length of
208.68 feet, a tangent of 107.20 feet, and a chord bearing and
distance of N.2 ° 54'40 "W., 205.93 feet, to a point of tangency;
THENCE, N.13 "E., continuing wiht the West line
of said Lot 1, Block "E ", and the East right -of -way line of said
Lamar Drive, a distance of 171.78 feet to a point of curvature
at the West end of a fillet at the intersection of the East
right -of -way line of said Lamar Drive and the South line of
U. S. Hwy., 81, 120 feet in width, for the Westerly Northwest
corner of the herein described tract;
THENCE, Northeasterly, with said fillet, being a curve
to the right, thru a central angle of 87 ° 43'27 ", having a
radius of 25.00 feet, an arc length of 38.28 feet, a tangent of
24.03 feet, and a chord bearing and distance of N.57 ° 06'29 "E.,
34.65 feet, to a point of reverse curvature at the Northerly end
of said fillet for the Northerly Northwest corner of the herein
described tract;
SUR01 -15
Emkay Development Corporation
DEC #2181 -01
June 22, 1987
Page Two
THENCE, Easterly, with the North line of said Lot 1,
Block "E ", and the South .right -of -way line of said
U. S. Hwy. 81, being a curve to the left, thru a central angle
of 22 ° 30'00 ", having a radius of 1,360.00 feet, an arc length
of 534.07 feet, a tangent of 270.52 feet, and a chord bearing
and distance of N.89 43'13 "E., 530.64 feet, to a point at the
Northeast corner of said Lot 1, Block "E ", and the Northwest
corner of Lot 2, Block "E ", for the Northeast corner of the
herein - described tract; •
THENCE, S.18 ° 57'45 "E., with ' the East line of said
Lot 1, Block "E ", and the West line of said Lot 2, Block "E ", a
distance of 277.67 feet to a point at the Southeast corner of
said Lot 1, Block "E ", the Southwest corner of said Lot 2,
Block "E ", and being in'the South line of said Crystal Park, for
the Southeast corner of the herein described tract;
THENCE, S.71 ° 02'27 "W., with the
Lot 1, Block "E ", and the South line of
distance of 423.65 feet to an angle point;
THENCE, S.71 ° 01'14 "W., continuing
of said Lot 1, BLOCK "E ", and the
Crystal Park, a distance of 260
PLACE OF BEGINNING, containing 5.39 acres
of Lot 1, Block "E ", Crystal Park.
hn McGaughy
egistered P •¢'c urveyor, No. 2091
South line of said
said Crystal Park, a
with the South line
South line of said
.98 feet to the
of land, and being all
This description is based on a subdivision plat of
Crystal Park prepared by Espey, Huston & Associates, Inc.
EMKAY DEVELOPMENT CO.
1 -1
REZONING REQUEST
EMKAY DEVELELOPMENT CO.
C -1 (General Commercial)
DATE: August 11, 1987
SUBJECT: Council Agenda, August 13, 1987
ITEM: 11A - Consider an ordinance amending the Zoning
Ordinance by rezoning property owned by
Emkay Development from I -1 to C -1.
(First Reading)
STAFF RESOURCE PERSON: Joe Vining
STAFF RECOMMENDATION:
Approval with deed restrictions to prohibit the following uses:
1. Overnight parking of commercial trucks and heavy equipment.
2. A truck stop type of operation where large commercial trucks
would utilize the facilities.
3. A truck or heavy equipment maintenance or repair. facility.
ECONOMIC IMPACT:
1) Services are in place. No additional costs are projected.
2) Commercial development is expected to increase sales tax revenue.
STATE OF TEXAS
COUNTY OF WILLIAMSON
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
§
§
II.
GENERAL PROVISIONS
111111111111111111111111111111111
III
1111111111111111111 REST
3 PGS
KNOW ALL MEN BY THESE PRESENTS:
This Declaration of Covenants, Conditions and Restrictions
( "Declaration ") is made to be effective as of the 10th day of
August 1987 by Emkay Development Company, Inc. ( "Declarant "), a
Nevada corporation.
WHEREAS Declarant is the owner of certain land in the
Crystal Park Subdivision, including but not limited to, those
three (3) certain tracts of real property located in Williamson
County, Texas being more particularly described as Lot 1, Block
"A ", Lot 1, Block "D," and Lot 1, Block "E," Crystal Park
Subdivision, a subdivision in the City of Round Rock, Texas
according to the map or plat thereof recorded under Cabinet I,
Slides 146 -149 of the Plat Records of Williamson County, Texas,
as amended, (said three lots herein called "Property "); and
WHEREAS, Declarant will hereafter hold, sell and convey
title to the Property or any part thereof subject to the
covenants, conditions and restrictions herein set forth;
NOW THEREFORE, Declarant, hereby covenants, agrees and
declares that the Property shall be owned, held, sold,
transferred and conveyed subject to the covenants, conditions
and restrictions herein set forth which are for the purpose of
protecting the value and desirability of, and which shall run
with the Property and be binding upon all parties having right,
title or interest in the Property or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
I.
COVENANTS, CONDITIONS AND RESTRICTIONS
The use of the Property is hereby restricted as follows:
1. Overnight parking of large commercial trucks and heavy
equipment is prohibited. Small commercial vehicles
such as local delivery trucks for pizza and
pharmaceuticals are allowed to be parked overnight.
2. A truck -stop type of operation where large commercial
trucks would utilize the facilities is prohibited;
provided, however, the sale of gasoline, diesel and
other petroleum products to non - commercial vehicles
and small commercial vehicles such as vans and pickup
trucks is allowed.
3. A truck or heavy equipment maintenance or repair
facility is prohibited; provided, however, a retail
auto parts store is allowed.
1. Duration. This Declaration and the covenants,
conditions and restrictions set out herein shall run with and
bind the Property, and shall inure to the benefit of and be
2008007713
J
enforceable by every owner of every part of the Property and
the City of Round Rock, Texas and their respective
representatives, heirs, successors and assigns for a term of 25
years from the date this Declaration is recorded in the office
of the County Clerk of Williamson County, Texas, after which
time said covenants, conditions and restrictions shall be
automatically extended for successive periods of 10 years
unless an instrument is signed by the then owners of a majority
of the acreage contained within the Property, agreeing to
abolish or amend the covenants, conditions and restrictions,
written notice of which shall be given to all owners at least
30 days in advance of the effective date of such abolishment or
amendment; provided, however, no such abolishment or amendment
shall be effective until it has been approved in writing by the
City of Round Rock, Texas and recorded in the Deed Records of
Williamson County, Texas.
2. Enforcement. Each owner of any part of the Property
and the City of Round Rock, Texas shall have the right but not
the duty to enforce any of the covenants, conditions and
restrictions set out in this Declaration, as the same may be
amended as herein provided. Enforcement of the covenants,
conditions and restrictions shall be by any proceeding at law
or in equity against any person or persons violating or
attempting to violate any covenant, condition or restriction,
either to restrain violation or to recover damages, and failure
to enforce any such covenant, condition or restriction shall in
no event be deemed a waiver of the right to do so thereafter.
3. Severability of Provisions. If any paragraph, section,
sentence, clause or phrase of this Declaration shall become
illegal, null or void for any reason or shall be held by any
court of competent jurisdiction to be illegal, null or void,
the remaining paragraphs, sections, sentences, clauses or
phrases of this Declaration shall continue in full force and
effect and shall not be affected thereby.
4
4. Notice. Any notice, approval, disapproval or other
communication required or permitted by this Declaration shall
be in writing and shall be effective upon delivery or upon
deposit of the same in the United States mail, postage paid,
certified mail, return receipt requested, addressed to the
party to be notified. For the purposes of notice, the address
of Declarant is as follows:
Emkay Development Company, Inc.
P. O. Box 569
Round Rock, Texas 78680
Attention: Gregory C. Crouch
Executed as of the date above stated.
EMKAY DEVELOPMENT COMPANY, INC.,
a Nevada corporation
2
lisberger,
ssistant Secretary
THE STATE OF COLORADO §
COUNTY OF ARAPAHOE §
trument was acknowledged before me on the /J 6day
, 1987, by Emil Rothlisberger, Assistant Secretary
Development Company, Inc., a Nevada corporation, on
behalfof said corporation.
This in
of
of Emka
90460
22.1
rzA�r� 12oc.k77 toy
ary Public, State
Name - Typed or Printed
3
Date Commission Expires
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2008007713
C lora
01/30/2008 02.37 PM
CMCNEELY $24.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS