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O-89-1275 - 3/23/1989ORDINANCE NO. /p( 7 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 0.525 ACRES, MORE OR LESS, OUT OF THE J. M. Harrell SURVEY, WILLIAMSON COUNTY, TEXAS, AS DESCRIBED BELOW �BY..` deleting it from the Historic District 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" by 'deleting it from the Historic District 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 2nd day of February , 1989 , 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 :b deleting it from the Historic District , and WHEREAS, on the 9th day of March , 8g , 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 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 deleting it from the Historic District and shall be, and hereafter designated as C - (General Commert=;al1 w;+hn„+ +he Rist ^ri^ District designation. (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 Z 5 day of 1 aiu'k' , A Alternative 2. READ and APPROVED on first reading this the day of ATTEST: NE READ, APPROVED and ADOPTED on second reading this the day of LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 1 11.,.D NOTES OF 0.525 ACRE nr LAND IN WILLIAMSON COUNTY, TEXAS IliING 0.525 acre of land situated in the Town of Round Rock, Williamson County, Texas, and part of the J.M. Harrell Sur. Abs. No. 284 and being that parcel conveyed from Guy Inman to Chipper Sales, Inc. as recorded in Vol. 531 at Page 600 of DEED RECORDS of Williamson County, Texas, said 0.525 acre being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Point of Intersection of the easterly line of a lane and the northerly right -of -way line of P. M. Hwy. No. 620, whence a concrete right -of -way marker bears N 69° 13' W 114.4 £t., and Hwy. Engr. Sta. No. 512 +77.0 in the center of said highway, bears S 69° 13' E 7.3 ft., and S 20° 47' W 40.0 ft., for the Southwest corner hereof; THENCE N 12° 42' 32" E with the easterly line of said lane 262.47 ft., to an iron pin, for the Northwest corner hereof; THENCE S 81° 53' 38" E at 1.18 ft., a concrete right -of -way marker in the westerly line of I. H. Hwy. No. 35 and at 56.00 ft., in all a concrete right -of -way marker, for the Northeast corner hereof; THENCE S 1° 07' 35" W with the westerly right -of -way.. of I. H. Hwy. No. 35, 285.77 ft., to an iron pin at the Point of Intersection with the northerly right -of -way line of F.M. Hwy. No. 620, for the Southeast corner hereof; THENCE with the northerly right -of -way of F.M. Hwy. No. 620 in two (2) courses and distances as follows: 1) along a curve to the right of radius 1869.9 ft., central angle 3° 16' and long chord bearing N 70 49' 30" W 106.68 ft., to a point opposite Hwy. Engr. Sta. No. 512 +77, whence a concrete 2) N 13' W to the place 47' place of BEGINNING hereof and containing 0.525 acres of land. The undersigned does hereby certify that the foregoing field notes represents the result of an on the ground survey made under my direction and supervision in January, 1985. WITNESS MY HAND AND SEAL this the 29th day of January, 1985. Wallace Dale Bergmah Req. Public Surveyor Reg. No. 3103 45A/18 STATE OF TEXAS ) COUNTY OF WILLIAMSON ) DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: THAT, WALTON COTTON (hereinafter referred to as "Declarant "), who is the owner of certain real property containing 0.525 acres of land, more or less, in the Jacob M. Harrell Survey and located in Williamson County, Texas, being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes (referred to as "Property "), and the City of Round Rock ( "City ") have entered into this Agreement to enforce the following Declaration of Deed Restrictions; and THAT, Declarant desires to impose certain restrictions upon the Property, as hereinafter set forth; and NOW, THEREFORE, it is hereby declared that the Property shall be held, sold, conveyed, and occupied subject to the following restrictions which shall run with the Property and shall be binding on all parties having any right, title, or interest in any of the Property or any part thereof, their heirs, successors, and assigns: 1. Any new construction on the remaining undeveloped land shall consist of materials similar to that used on the service station (i.e., native limestone and metal roofing or facia matching the service station and canopy). 2. At which time application for a building permit is made for new construction on the remaining undeveloped land, that portion of the property which shares a property line with a single — family residential use shall have an evergreen planting screen installed which must reach a minimum height of six (6) feet, in lieu of a six (6) foot privacy fence. 3. The term of this Declaration of Restrictions shall run for a period of ten (10) years from the date these restrictions are recorded; after which time these restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the owner of record and the City of Round Rock has been recorded, agreeing to change such Declaration of Restrictions in whole or in part. 4. Enforcement shall be by an action by any party to these restrictions or any future owner of property encumbered by these restrictions by proceeding •in law or in equity against any person or persons violating or attempting to violate any restriction, either to retrain violation or to recover damages. Reasonable attorney's fees shall be allowed to any party prevailing in any action in any court of competent jurisdiction to enforce any of the provisions contained in this instrument. 5. Severability and invalidation of any of these restrictions by judgment or Court Order shall in no wise affect any of the other provisions, which shall remain in full force and effect. EXECUTED this the ? day of -,/,¢Al, , 1989. EXECUTED this the day of , 1989. THE STATE OF TEXAS ) COUNTY OF m+- ) THE STATE OF TEXAS WALTON COTTON CITY OF ROUND ROCK By MIKE ROBINSON, Mayor This instrument was acknowledged on the . 30 , 43/.._ day of 3 0 0 w1/40JY - 01 o f 7.,) M SUTANNEMATUS • MO Pu64e, SUteotTems Y Cemm nis, DiSres jury 7,1990 , 1989, by on Cotton. Notary P is - Stat of Texas �uzah of Typed or Printed Name Commission Expires: COUNTY OF WILLIAMSON ) This instrument was acknowledged on the Notary Public - State of Texas Typed or Printed Name Commission Expires: day of , 1989, by Mike Robinson, Mayor of the City of Round Rock, a municipal corporation, on behalf of said corporation. t 1I...D NOTES OF 0.525 ACRE or LAND I51 WILLIAMSON COUNTY, TEXAS IH:ING 0.525 acre of land situated in the Town of Round Pock, Williamson County, Texas, and part of the J.M. Harrell Sur. Abs. No. 284 and being that parcel conveyed from Guy Inman to Chipper Sales, Inc. as recorded in Vol. 531 at Page 600 of DEED RECORDS of Williamson County, Texas, said 0.525 acre being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Point of Intersection of the easterly line of a lane and the northerly right -of -way line of F. 51. Hwy. No. 620, whence a concrete right -of -way marker bears N 69° 13' W 114.4 ft., and Hwy. Dngr. Sta. No. 512 +77.0 in the center of said highway, bears 5 69° 13' E 7.3 ft., and S 20° 47' W 40.0 ft., for the Southwest corner hereof; THENCE N 12° 42' 32" E with the easterly line of said lane 262.47 ft., to an iron pin, for the Northwest corner hereof; THENCE S 81° 53' 38" E at 1.18 ft., a concrete right -of -way marker in the westerly line of I. H. Hwy. No. 35 and at 56.00 ft., in all a concrete right -of -way marker, for the Northeast corner hereof; THENCE S 1° 07' 35" W with the westerly right -of -way. of I. H. Hwy. No. 35, 285.77 ft., to an iron pin at the Point of Intersection with the northerly right -of -way line of F.M. Hwy. No. 620, for the Southeast corner hereof; THENCE with the northerly right -of -way of F.M. Hwy. No. 620 in two (2) courses and distances as follows: 1) along a curve to the right of radius 1869.9 ft., central angle 3° 16' and long chord bearing N 70° 49' 30" W 106.68 ft., to a point opposite Hwy. Engr. Sta. No. 512 +77, whence a concrete right -of -way marker bears S 20° 47' W 80.00 ft., and 2) N 69" 13' 14 7.30 ft., to the place of BEGINNING hereof and containing 0.525 acres of land. The undersigned does hereby certify that the foregoing field notes represents the result of an on the around survey made under my direction and supervision in January, 1985. WITNESS MY HAND AND SEAL this the 29th day of January, 1985. asc Oak S- We lace Dale Bergman Reg. Public Surveyor Rog. tlo. 3103 45A/18 EXHIBIT "A" SF -2 73 CE 1 II. „D NOTES OF 0.525 ACRE (H' LAND IN WILLIAMSON COUNTY, TEXAS III:ING 0.525 acre of land situated in the Town of Round Pock, Williamson County, Texas, and part of the J.M. Harrell Sur. Abs. No. 284 and being that parcel conveyed from Guy Inman to Chipper Sales, Inc. as recorded in Vol. 531 at Page 600 of DEED RECORDS of Williamson County, Texas, said 0.525 acre being more particularly described by metes and bounds as follows: IIEGINNING at an iron pin at the Point of Intersection of the easterly line of a lane and the northerly right -of -way line of F. M. Hwy. No. 620, whence a concrete right -of -way marker bears N 69° 13' W 114.4 ft., and Hwy. Engr. Sta. No. 512 +77.0 in the center of said highway, bears S 69° 13' E 7.3 ft., and 5 20° 47' W 40.0 ft., for the Southwest corner hereof; THENCE N 12° 42' 32” E with the easterly line of said lane 262.47 ft., to an iron pin, for the Northwest corner hereof; THENCE S 81° 53' 38" E at 1.18 ft., a concrete right -of -way marker in the westerly line of I. H. Hwy. No. 35 and at 56.00 ft., in all a concrete right -of -way marker, for the Northeast corner hereof; THENCE S 1° 07' 35" W with the westerly right -of -way. of I. H. Hwy. No. 35, 285.77 ft., to an iron pin at the Point of Intersection with the northerly right -of -way line of F.M. Hwy. No. 620, for the Southeast corner hereof; THENCE with the northerly right -of -way of F.M. Hwy. No. 620 in two (2) courses and distances as follows: 1) along a curve to the right of radius 1869.9 ft., central angle 3° 16' and long chord bearing N 70° 49' 30" W 106.68 ft., to a point opposite Hwy. Engr. Sta. No. 512 +77, whence a concrete right -of -way marker bears S 20° 47' W 80.00 ft., and 2) N 69° 13' 19 7.30 ft., to the place of BEGINNING hereof and containing 0.525 acres of land. The undersigned does hereby certify that the foregoing field notes represents the result of an on the around survey made under my direction and supervision in January, 1985. WITNESS MY HAND AND SEAL this the 29th day of January, 1985. Wallace Dale Bergman Reg. Public Surveyor Reg. No. 3103 45A/18 I -35 LEXHIBIT "A" STATE OF TEXAS ) COUNTY OF WILLIAMSON ) DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: THAT, WALTON COTTON (hereinafter referred to as "Declarant "), who is the owner of certain real property containing 0.525 acres of land, more or less, in the Jacob M. Harrell Survey and located in Williamson County, Texas, being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes (referred to as "Property "), and the City of Round Rock ( "City ") have entered into this Agreement to enforce the following Declaration of Deed Restrictions; and THAT, Declarant desires to impose certain restrictions upon the Property, as hereinafter set forth; and NOW, THEREFORE, it is hereby declared that the Property shall be held, sold, conveyed, and occupied subject to the following restrictions which shall run with the Property and shall be binding on all parties having any right, title, or interest in any of the Property or any part thereof, their heirs, successors, and assigns: 1. Any new construction on the remaining undeveloped land shall consist of materials similar to that used on the service station (i.e., native limestone and metal roofing or facia matching the service station and canopy). 2. At which time application for a building permit is made for new construction on the remaining undeveloped land, that portion of the property which shares a property line with a single - family residential use shall have an evergreen planting screen installed which must reach a minimum height of six (6) feet, in lieu of a six (6) foot privacy fence. 3. The term of this Declaration of Restrictions shall run for a period of ten (10) years from the date these restrictions are recorded; after which time these restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the owner of record and the City of Round Rock has been recorded, agreeing to change such Declaration of Restrictions in whole or in part. 4. Enforcement shall be by an action by any party to these restrictions or any future owner of property encumbered by these restrictions by proceeding .in law or in equity against any person or persons violating or attempting to violate any restriction, either to retrain violation or to recover damages. Reasonable attorney's fees shall be allowed to any party prevailing in any action in any court of competent jurisdiction to enforce any of the provisions contained in this instrument. EXECUTED this the TO � day of wti 5. Severability and invalidation of any of these restrictions by judgment or Court Order shall in no wise affect any of the other provisions, which shall remain in full force and effect. EXECUTED this the day of , 1989. THE STATE OF TEXAS COUNTY OF cno— SUZANNE MATUS Notary Public, State of Texas My Commission Expires July 7,1990 THE STATE OF TEXAS COUNTY OF WILLIAMSON , 1989, by WALTON COTTON CITY OF ROUND ROCK By: This instrument was acknowledged on the 5 ■A This instrument was acknowledged on the - ,iqN, , 1989. MIKE ROBINSON, Mayor 30 , 4 -1, day of on Cotton. Notary P4 is - State, of Texas ucuky cclI AS Typed or Printed Name Commission Expires: , 1989, by Mike Robinson, Mayor of the City of Round Rock, a municipal corporation, on behalf of said corporation. Notary Public - State of Texas Typed or Printed Name Commission Expires: _-� — 9D day of 1 f L..11 NOTES OF 0.525 ACRE or LAND IN WILLIAMSON COUNTY, TEXAS IINING 0.525 acre of land situated in the Town of Round Rock, Williamson County, Texas, and part of the S.M. Harrell Sur. Abs. No. 284 and being that parcel conveyed from Guy Inman to Chipper Sales, Inc. as recorded in Vol. 531 at Page 600 of DEED RECORDS of Williamson County, Texas, said 0.525 acre being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Point of Intersection of the easterly line of a lane and the northerly right -of -way line of F. M. Hwy. No. 620, whence a concrete right -of -way marker bears N 69° 13' W 114.4 ft., and Hwy. Cngr. Sta. No. 512 +77.0 in the center of said highway, bears S 69° 13' E 7.3 ft., and S 20° 47' W 40.0 ft., for the Southwest corner hereof; THENCE N 12° 42' 32" E with the easterly line of said lane 262.47 ft., to an iron pin, for the Northwest corner hereof; THENCE S 81° 53' 38" E at 1.18 ft., a concrete right -of -way marker in the westerly line of I. H. Hwy. No. 35 and at 56.00 ft., in all a concrete right -of -way marker, for the Northeast corner hereof; THENCE S 1° 07' 35" W with the westerly right -of -way. of I. H. Hwy. No. 35, 285.77 ft., to an iron pin at the Point of Intersection with the northerly right -of -way line of F.M. Hwy. No. 620, for the Southeast corner hereof; THENCE with the northerly right -of -way of F.M. Hwy. No. 620 in two (2) courses and distances as follows: 1) along a curve to the right of radius 1869.9 ft., central angle 3° 16' and long chord bearing N 70 49' 30" W 106.68 ft., to a point opposite Hwy. Cngr. Sta. No. 512 +77, whence a concrete right -of -way marker bears S 20° 47' W 80.00 ft., and 2) N 69 13' W 7.30 ft., to the place of BEGINNING hereof and containing 0.525 acres of land. The undersigned does hereby certify that the foregoing field notes represents the result of an on the around survey made under my direction and supervision in January, 1985. WITNESS MY HAND AND SEAL this the 29th day of January, 1985. Wallace Dale Bergmdh Reg. Public Surveyor 45A/180. 3103 EXHIBIT "A" Y AL1Ci B14f BE.X219 •o'•. ..... 3143 et DATE: March 20, 1989 SUBJECT: Council Agenda, March 23, 1989 ITEM: 12F. Consider an ordinance deleting 0.525 acres, located at the northwest corner of RR 620 and Interstate 35, from the Historic District designation. (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval. This Ordinance will remove a 0.525 acre tract, located at the Northwest corner of the intersection of RR 620 and IH 35, from the Historic District. This property will no longer be subject to Historic Preservation Commission review once it is removed from the District. Signed Deed Restrictions setting design criteria are attached for Council information and the Mayor's signature. ECONOMIC IMPACT: None.