O-89-1283 - 11/9/1989ORDINANCE NO. /L2 3
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 LO
ACRES, MORE OR LESS, OUT OF THE DAVID CURRY SURVEY
SURVEY, WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED BELOW FROM TF - Two Family Residential
TO C -2 Local 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 TF Two Family Residential
to C -2 Local`Commerical
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 November , 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 from TF Two Family Residential
to C -2 Local Commercial , and
, 89 , after
WHEREAS, on the 9th day of November
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 from
Residential
designated as
C -2 Local Commercial
TF Two Family
and shall be, and hereafter
(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 Rill)
day of 1 lu V`C.{')' , 1 � 76 9 .
Alternative 2.
READ and APPROVED on first reading this the day
of
READ, APPROVED and ADOPTED on second reading this
the day of
ATTEST:
NE
LAND,
J! _A
y Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
EXHIBIT "A"
Property Description
FIELD NOTES FOR A 1,000 ACRE TRACT OF LAND
OUT OF THE DAVID CURRY SURVEY, ABSTRACT N0.
170, IN WILLIAMSON COUNTY, TEXAS, SANE BEING
ALL Or THAT CERTAIN 1.00 f.'iE TRACT AS CON-
VEYED TO 8E00E2H R0ALAND CANN,DY ;.ET UX.
FAY ?'ARVIN H. FARKE% BY DEED RECORDED ON
APRIL 20, 1978, IN VOLUw£ 708, PACE 435,
DEED RECORDS OF HILLIA ?'SON COUNTY, TEXAS;
SAID 1.140 ACRE TRACT BEI1NC 000E PARTICU-
LARLY DESCRIBED BY ?ETES'AND BOUNDS -AS
FOLLOWS,
• BEGIN 1I00 at a chiseled "x" on a concrete drainage
flume for the southwest corner of the herein described tract,
same being on the existing north right -ol -way of Bowman Drive
( County Road 125 )1
THENCE along the west line of the herein described
tract, N17 °44'40';4, passing at 9.12 fees a j" iron rod
found, and continuing for a total distance of 27$,40 feet
to a a" iron rod found for the northwest Corner hereof,
also being a southwest corner of that ceitain tract conveyed
to James S. HIslop, Trustee, by deed recorded in Volume 727,
Page 120, Deed Records of Williamson County, Texas;
•
THENCE along the common boundary with said Risley
tract the following two (2) courses,
1) 070 ° 70'00 "E, a distance of 19$.06 to a }'
iron rod found for the northeast corner hereof;
2 ).217 06 4'40"E, a distance of 275,40 feet to a }'
iron rod net for the southeast corner hereof, Same
being on the existing north right -of -way line of said
Bowman Driv
el
n distance THENCE
09 185,06 feet north oOFwBCCINUINCSand70'00 ",Q,
containing by LandTech Surreyingman more August 28, 1984 veyed on
89343- 01.025:006a
STATE OF TEXAS-
COUNTY OF WILLIAMSON
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
Recitals
WHEREAS, Realty Alliance of Texas, Inc., hereinafter called
the Declarant, is the owner of all of that certain real property
located in Williamson County, Texas, described as follows:
That certain lot of one acre, more or less, out of the
David Curry Survey, Abstract No. 130, in the city of
Round Rock, as more specifically described in Exhibit "A"
attached hereto.
and;
:WHEREAS, the Declarant will convey the above described
property, subject to certain protective covenants, conditions,
restrictions, liens, and charges as hereinafter set forth;
NOW, THEREFORE, it is hereby declared that all of the property
described above shall be held, sold, and conveyed subject to the
following easements, restrictions, covenants, and conditions, which
are for the purpose of protecting 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 easements, restrictions,
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 1
89343- 01.025:006a
covenants, and conditions shall inure to the benefit of each owner
thereof.
ARTICLE ONE
DEFINITIONS
Owner
1.01. "Owner" shall refer to the record owner, whether
one or more persons or entities, of the fee simple title to the
above described property, or any portion thereof, including
contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Property
1.02. "Property" shall refer to that certain real property
hereinbefore described, and such additions thereto as may hereafter
be placed on such real property.
Declarant
.1.03. "Declarant" shall refer to Realty Alliance of Texas,
Inc., its successors and assigns.
ARTICLE TWO
USE RESTRICTIONS
Activities Permitted
2.01. The above described Property shall be used only for
governmental and institutional purposes, day care facilities, and
schools.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 2
89343- 01.025:006a
Prohibited Activities
2.02. The above described property shall not be used for
any type of commercial or retail activities as defined by the
appropriate and applicable zoning codes of the City of Round Rock.
Easements
2.03. Easements for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the
recorded plat. No utility company, water district, political
subdivision, or other authorized entity using the easements herein
referred to shall be liable for any damage done by them or their
assigns, agents, employees, or servants, to shrubbery, trees, or
flowers, or to other property of the Owner situated within any such
easement.
ARTICLE THREE
Reservation of Easements
3.01. All easements of record, including all utility and
services easements, are reserved as recorded. No shrubbery, fence,
or other obstruction shall be place in any easement or alleyway.
Right of use for ingress and egress shall be had at all times over
any dedicated easement, and for the installation, operation,
maintenance, repair, or removal of any utility, together with the
right to remove any obstruction that may be placed in such easement
which would constitute interference with the use, maintenance,
operation, or installation of such utility.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 3
89343- 01.025:006a
ARTICLE FOUR
GENERAL PROVISIONS
Enforcement
4.01. The Declarant, any Owner, or the City of Round Rock
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, and reservations now or
hereafter imposed by the provisions of this Declaration. Failure
to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
Severability
4.02. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any
other provision, and all other provisions shall remain in full
force and effect.
Duration and Amendment
4.03. The covenants, conditions, and restrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of, and be enforceable by, the Declarant or Owner of
the Property, subject to this Declaration, and their respective
legal representatives, heirs, successors, and assigns, and likewise
enforceable by the City of Round Rock, and, unless amended as
provided herein, shall be effective for a term of twenty (20) years
from the date this Declaration is recorded, after which time said
covenants, conditions, and restrictions shall be automatically
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 4
89343- 01.025:006a
extended for successive periods of ten (10) years. The covenants,
conditions, and restrictions of this Declaration may be amended
during the first twenty (20) year period by an instrument signed
by Declarant, Owner of the Property subject to this Declaration,
and the Mayor of Round Rock. No amendment shall be effective until
recorded in the Official Records of Williamson County, Texas, nor
until the approval of the City of Round Rock, or any other
governmental regulatory body which is required, shall have been
obtained.
Executed by the said Declarant, this ()1 day of
, 1989.
REA DANCE
t • -",SON
8
) EXAS, /
Mill
By:
Its
Acknowledgement
STATE OF TEXAS
*
COUNTY OF
This instrument was acknowledged before me on the
day of , 1989, by' ti2c_..cloce 5�c�b�Scr , on
behalf of Realty Alliance of Texas, Inc.
Notary Public, State of Texas
Typed or Printed Name
Commission Expires
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 5
EXHIBIT "A"
Property Description
FIELD NOTES FOR A 1.000 ACRE TRACT OF LAND
OUT OF THE DAVID CURRY SURVEY, ABSTRACT N0.
1)0, IN WILLIAMSON COUNTY, TEXAS! SANE BEING
ALL OP THAT CERTAIN 1.00 ACNE TRACT AS CON-
VEYED TO KENNETH ROALIND CANNADY;.ET UX,
FRC% A'ARVIH N. PARKER BY DEED RECORDED ON
APRIL 20, 1978, IN VOLUI :E 708, PACE 4)5,
DEED RECORDS OF WILLIA0SON COUNTY, TEXAS!
5AID 1.400 ACRE TRACT BEING FORE PARTICU-
LARLY DESCRIBED BY >ETE5 AND BOUNDS -AS
FOLLOWS,
• BECIN111NC at a chiseled "x' on a concrete- drainage
flume for the southwest corner of the herein described tract,
same being on the existing north right -o1 -way of Bowman Drive
( County Road 125 )1
•
THEUCr along the west line of Vie herein described
tract, 017 passing at 9.12 feet 1 5 - Iron rod
found, and continuing for a total distance of 2)5.40 feet
1
to a " iron rod found for the northwest corner hereof,
also being a southwest corner of that cei•:ain tract conveyed
to James S. Hislop, Trustee, by deed recorded in Volume 723,
Page 120, Deed Records of Williamson County, Texas:
THENCE glen{ the common boundary with said HSs1op
tract the following two (2) courses,
1) N70 a distance of 185.06'fect to a
iron rod found for the northeast corner hereof)
2 ).517 0 44'40 "E, a distance of 2)5.40 feet to a i"
iron rod set for the southeast corner hereof, same
being on the existing north right -of -way line of said
Bowman Drivel
• X
a distance of 185,06 feet to the r POINT right-of-way BEGINNING Sand )0'00 ^,c,
containing 1.000 acres of land, more or less, as surveyed on
the Ground by LandTech Surveying on /,ugust'26, 1984.
DATE: November 6, 1989
SUBJECT: City Council Agenda, November 9, 1989
ITEM: 9D. Consider an ordinance amending the Zoning
Ordinance by rezoning 710 E. Bowman Drive from
TF (Two - Family Residential) to C -2 (Local
Commercial) for the purpose of Child Care and
Residential Social Services. (First Reading)
STAFF
RESOURCE PERSON: Joe Vining
STAFF
RECOMMENDATION: Approval
THIS ORDINANCE WILL REZONE A ONE ACRE PARCEL TO ALLOW THE USE OF
A VACANT, PREVIOUSLY NONCONFORMING, DAY CARE CENTER. WILLIAMSON
- BURNET COUNTY OPPORTUNITIES, INC. INTENDS TO USE THESE
FACILITIES FOR THE PURPOSE OF CHILD CARE, RESIDENTIAL SOCIAL
SERVICES AND SUPPORT GROUP MEETINGS. THESE USES ARE ALL
PERMITTED IN THE C -2 ZONE.
THE APPLICANT HAS SUBMITTED DEED RESTRICTIONS WHICH WILL
PROHIBIT COMMERCIAL AND RETAIL ACTIVITIES AND ALLOW ONLY THE
GOVERNMENTAL, INSTITUTIONAL, DAY CARE AND SCHOOL FACILITIES
NORMALLY PERMITTED IN THE C -2 ZONE. THE CITY HAS THE RIGHT TO
ENFORCE THESE RESTRICTIONS.
A COPY OF THE SIGNED DEED RESTRICTIONS IS ATTACHED.
1 ACRE TRACT 710 EAST BOWMAN RD.
VOL18(13pAGE458
89343- 01.025:006a
STATE OF TEXAS
COUNTY OF WILLIAMSON
and;
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
Recitals
33.163
WHEREAS, Realty Alliance of Texas', Inc., hereinafter called
the Declarant, is the owner of all of that certain real property
located in Williamson County, Texas, described as follows:
That certain lot of one acre, more or less, out of the
David Curry Survey, Abstract No. 130, in the city of
Round Rock, as more specifically described in Exhibit "A"
attached hereto.
WHEREAS, the Declarant will convey the above described
property, subject to certain protective covenants, conditions,
restrictions, liens, and charges as hereinafter set forth;
NOW, THEREFORE, it is hereby declared that all of the property
described above shall be held, sold, and conveyed subject to the
following easements, restrictions, covenants, and conditions, which
are for the purpose of protecting 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 easements, restrictions,
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 1
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
89343- 01.025:006a
UOLi iOPACE 11 159
covenants, and conditions shall inure to the benefit of each owner
thereof.
ARTICLE ONE
DEFINITIONS
Owner
1.01. "Owner" shall refer to the record owner, whether
one or more persons or entities, of the fee simple title to the
above described property, or any portion thereof, including
contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Property
1.02. "Property" shall refer to that certain real property
hereinbefore described, and such additions thereto as may hereafter
be placed on such real property.
Declarant
1.03. "Declarant" shall refer to Realty Alliance of Texas,
Inc., its successors and assigns.
ARTICLE TWO
USE RESTRICTIONS
Activities Permitted
2.01. The above described Property shall be used only for
governmental and institutional purposes, day care facilities, and
schools.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 2
. tyOl1843 PAGE ` 60
89343- 01.025:006a
Prohibited Activities
2.02. The above described property shall not be used for
any type of commercial or retail activities as defined by the
appropriate and applicable zoning codes of the City of Round Rock.
Easements
2.03. Easements for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the
recorded plat. No utility company, water district, political
subdivision, or other authorized entity using the easements herein
referred to shall be liable for any damage done by them or their
assigns, agents, employees, or servants, to shrubbery, trees, or
flowers, or to other property of the Owner situated within any such
easement.
ARTICLE THREE
Reservation of Easements
3.01. All easements of record, including all utility and
services easements, are reserved as recorded. No shrubbery, fence,
or other obstruction shall be place in any easement or alleyway.
Right of use for ingress and egress shall be had at all times over
any dedicated easement, and for the installation, operation,
maintenance, repair, or removal of any utility, together with the
right to remove any obstruction that may be placed in such easement
which would constitute interference with the use, maintenance,
operation, or installation of such utility.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 3
89343- 01.025:006a
VOL ?ACE
ARTICLE FOUR
GENERAL PROVISIONS
Enforcement
4.01. The Declarant, any Owner, or the City of Round Rock
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, and reservations now or
hereafter imposed by the provisions of this Declaration. Failure
to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
Severability
4.02. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any
other provision, and all other provisions shall remain in full
force and effect.
Duration and Amendment
4.03. The covenants, conditions, and restrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of, and be enforceable by, the Declarant or Owner of
the Property, subject to this Declaration, and their respective
legal representatives, heirs, successors, and assigns, and likewise
enforceable by the City of Round Rock, and, unless amended as
provided herein, shall be effective for a term of twenty (20) years
from the date this Declaration is recorded, after which time said
covenants, conditions, and restrictions shall be automatically
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 4
•
extended for successive periods of ten (10) years. The covenants,
conditions, and restrictions of this Declaration may be amended
during the first twenty (20) year period by an instrument signed
by Declarant, Owner of the Property subject to this Declaration,
and the Mayor of Round Rock. No amendment shall be effective until
recorded in the Official Records of Williamson County, Texas, nor
until the approval of the City of Round Rock, or any other
governmental regulatory body which is required, shall have been
obtained.
Executed ,� uted by the said Declarant, this h4 day of
'∎ u
s, \E-n_ r --' , 1989.
REA ANCE 1 EXAS,
QOy'(x �1CJCJ� �G�6^.A7oCOC9C>•JOO��.
K°L LI
8 do ; n,.L• •.. SL a c■ Texas , g 2
Q �y a.• Cc' r",1 IS 112a-19928
VBL1.843 PAC E' 62
89343- 01.025:006a
Acknowledgement
STATE OF TEXAS
�\
COUNTY *
This instrument was acknowledged before me on the
day of of , 1989, by .-1 c- .oc- Q rcboS�h , on
behalf of Realty Alliance of Texas, Inc.
Notary Public, State of Texas
i sa
Typed or Printed Name
Commission Expires \
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Page 5
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EXHIBIT "A" •
Property Description
FIELD NOTES FOR A 1.000 ACRE TRACT OF LAND
OUT OF T11E DAVID CURRY SURVEY, ABSTRACT N0.
170, IN WILLIAMSON COUNTY, TEXAS! SANE BEING
ALL OF THAT CERTAIN 1.00 4'0E TRACT AS CON-
VEYED TO KENNETH ROALAND CANNAD0: LT UX.
FRCN MARVIN H. PAhKER BY DEED RECORDED ON
APRIL 20, 1978, IN VOLUME 708, PACC 4)5.
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS!
SAID 1.L00 ACRE TRACT EEINC FORE PARTICU-
LARLY DESCRIBED BY 2ETES•AND BOUNDS -AS
FOLLOWS'
BEGINNING at a chiseled "x" on a concrete drainage
flume for the southwest corner of the herein described tract,
same being on the existing north right -ol -way of Bowman Drive
( County Road 125 )1
THENCE along the west line of the herein described
tract, N17 °44'40':9, passing at 9.12 feet a }' iron rod
found. and continuing for a total distance of 2)5,40 feet
to a iron rod found for the northwest corner hereof,
also being a southwest corner of that certain tract conveyed
to lames S. Hisl op, Trustee, by deed recorded in Volume 72),
Pa 120, Deed Records of Williamson County, Texas;
THENCE along the common boundary with said Hislop
tract the following two (2) courses!
1) 1470 ° 30'00 "E, a distance of 195.06'feet to a 1'
iron rod found for the northeast corner hereof'
2).517 a distance of 275.40 feet to a }-
iron rod set for the southeast corner hereof, same
being an the existing north right -of -way line of said
Bowman Drlvet
THENCE •
a distance of 185,06 feet to the POINT o OF w 00CIN0180 S and )0'00 ^g,
containing 1.000 acres of land, more or less, as surveyed on
the ground by LandTech Surveying an Avgust'28, 1984.
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
NOV 2 8 1989
COUNTY CL
WILLIAMSON COUNTY, TEXAS
'VOLJ )PAGE46')
(Was Day Care Caiter)
710 EAST BOWMAN DRIVE
ROUND ROCK, TEXAS
1. Mr. RDy L. Holliday
Greater Texas Bank
P. O. Box 159
Leander, Texas 78641
(512) 259 -3993 (o)
(512) 863 -1411 (h)
(Serves as President of WCCC)
3. Ms. Emma Griffis
Route 5, Box 66
Georgetown, Texas 78626
(512) 259 -3993 (o)
(817) 792 -2010 (h)
(Serves as Sec /Trea of WCCC)
4. Reverend Jim Chandler, Pastor
First United Methodist Church
P. O. Box 1448
Round Rock, Texas 78680
(512) 255 -3336 (o)
(512) 255 -4276 (h)
5. Ms. Laura Hickok
1817 Lake Drive
Taylor, Texas 76574
(512) 258 -4127 (o)
(512) 352 -2930 (h)
BOARD or DIRECTORS
2. Mrs. Nancy Benold
620 San Gabriel Overlook
Georgetown, Texas 78628
(512) 863 -8467
(Serves as Vice - President of WCCC)
6. Mr. Bill Stubblefield, County Attorney
Williamson County Courthouse
Georgetown, Texas 78626
(512) 869 -4351 - Ext. 351 (o)
(512) 863 -7755 (h)
(
8. Mr. Wesley Wolff,
Chief of Police
City of Round Rock
2008 Enterprise
Round Rock, Texas 78664
(512) 244 -1111 (o)
9. Mr. Charles Steger
Steger & Bizzell, Inc.
P. O. Box 858
Georgetown, Texas 78627 -0858
(512) 863 -4521 (o)
(512) 863 -6369 (h)
10. Vacancy
:•••• -
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Reference*
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4 144E. 37...
PRIV ACV .X0 AltE..
The above is a plat of a survey of 710 •-i" OP iR•••• • .•
..k. Texas more fully described as Lot , Block
of s. . as described in .
Voi.dme, R:.ce, of the Tidal Records of Williamson County, Texas: This;
Lot iiiais .____. within special flood hazard area as shown on Panel No. _ditizzA•12=2T7 of the : ,•••
Flood Hazard Boundary Map, Williamson County, Texas. 2. &o(4-s. ••• .. ; .• ••,
•
. • •
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