Z-95-10-24-10C - 10/24/1995WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
rezone the property described in Exhibit "A ", attached hereto and
incorporated herein, from District I -1 (General Industrial) to
District C -1 (General Commercial), and
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
September, 1995, 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 property described in Exhibit "A" be changed
to District C -1 (General Commercial), and
KS /ORDINANCE
OR50928M
ORDINANCE NO. Z 95" , c2 `I 10 C
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 10.00
ACRES OF LAND OUT OF THE DAVID CURRY SURVEY,
ABSTRACT 130 IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
FROM DISTRICT I -1 (GENERAL INDUSTRIAL) TO DISTRICT C -1
(GENERAL COMMERCIAL).
WHEREAS, on the 28th day of September, 1995, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council has determined that substantial
changes in conditions have occurred which justify the zoning
classification change provided for herein, and
WHEREAS, the City Council determines that the zoning
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 Chapter
211, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1995 Edition), 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, THAT:
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that the zoning classification of the property
described in Exhibit "A" is hereby changed from District I -1
(General Industrial) to District C -1 (General Commercial).
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
2.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 1995.
Alternative 2. Q�/v
READ and APPROVED on first reading this the day of
1995.
READ, AP and ADOPTED on second reading this the
`day of "�� , 1995.
ATTEST:
dig 1.10 14A-4
0
JO1 NE LAND, City Secretary
CHARLES CU PER, Mayor
City of Ro Rock, Texas
3.
FIELD NOTES FOlt CARLIN UNI'T'ED HOLDINGS
TILING 10.00 acres (Aland, situated in the David Curry Survey, Abstract No. 130, in Williamson
County, Texas, said land being a portion of that cerlain Second Tract, called 38.78 acres, as
conveyed to Edgar E. Hoppe by deed ns recorded in Vahunc 458, Page 533, of the Deal Records
of Williamson County, 'Texas. Surveyed on the ground in the month of September, 1993, under
the supervision of Don 11. [Buell, Registered Professional Land Surveyor, and being more
pat licularly described as follows;
BEGINNING al an iron pin set io the west line of hdcrslale [Hallway No. 35, for the Northeast
corner of the above - referenced Second 'Tract, being the Southeast corner of Lot 1, Durnelle
Business Park, Section One, n subdivision of record in Cabinet 13, Slide 362, of the Plat Records
of Williamson County,'ferme, for to Northeast corner herein;
'I'I IENCE, along the said west litre of Inter:tele Ilighwey No. 35, being the east line adze said
Second Tract S r 30' E, 1.58 feet to a concrete monument found and S 0 13' 30" E, 819.67 feet
to an iron pin set for the Southeast corner hereof;
THENCE, N 87.58' 30' W, 586.35 feel to an iron pin set on the east line of County Road No.
173, (Chisholm Trail) being the west line oldie said Second Tract, for the Southwest corner
hereof,
TIIENCE, along the said east line of County (toad No. 173, N r 01' 30' E, 703.62 feel ton 40d
nail set at a fence corner marking the Northwest corner of the said Second Tract, for the
Northwest corner hereof;
TI IENCE, N 64' 09' 30" E, 1.19 feel to a pipe found (narking the Southwest corner of Ills said
Lot 1, Durnellc Business ('ark, Section One, and N 80' 08'13, 565.07 feet to the Place of
IIEGINNING and containing 10.00 acres orient!.
STATE OF TEXAS
COUNTY OP WII.LIAMSON
1, Don 11. Dizzell, Registered Professional Land Surveyor, do hereby certify that This survey was
made on the ground of the property legally described hereon n..J is correct, and That there are no
apparent discrepancies, conflicts, OVeI of improvements, visible utility lines or roads in
place, except as shown on the accompanying plat, and That said properly has access 10 and front a
dedicated roadway, to the best of my knowledge and belief.
TO CERTIFY WHICH, WITNESS my hand and seal al Georgetown, Williamson County, Texas,
lids the Jo tr' dal of September, 1993, A.D.
4f�l)in 11. Dizzell
Registered Profession Mend Surveyor, No. 2218
Seale of Texas
Job No. 16159.FN
Page 1 of I
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*EXHIBIT A"
KNOW ALL MEN BY THESE PRESENTS:
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DATE: October 20, 1995
SUBJECT: City Council Meeting, October 24, 1995
ITEM: 10.C. Consider an ordinance to rezone 10.00 acres of land out of
the David Curry Survey, A -130 in Round Rock,
Williamson County, Texas from District I -1 (General
Industrial) to C -1 (General Commercial). (Carlin United
Holdings) (Second Reading)
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
This item was tabled at the last meeting to allow time for the City legal
department to review the deed restrictions that would prohibit this tract of
land being used for any sexually oriented businesses, salvage yards, truck
stops, or mini warehouses.
Mayor
Charles Culpepper
Mayor Pro-tem
Earl Palmer
Council Members
Robert Srluka
Rod ,Horgan
Rick Srewarr
NWarrha Chavez
J immy Joseph
City Manager
Ruben L Rennerr. Jr-
City Attorney
S rephan L. Sheers
March 6, 1996
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512- 255 -3612
Mr. C. Jack Mazuk, MAI
Mazui Valuation and Consulting, Inc.
2700 West Anderson Lane, Suite 205B
Austin, TX 78757
z - 's- i o -
re: Deed restrictions for 10.00 acres of land (Carlin United Holdings)
Round Rock Nissan
Dear Mr. Mazuk:
Enclosed is your copy of the recorded deed restrictions for the above noted
tract. If you have any questions, please call me at 218 -5416.
ank you,
r
Mona Ryan, Pla nin
Technician
chnician
Planning and Community Development
City of Round Rock, Texas
Encl: Document No. 9609717
c file 95 - 5073 Nissan (Carlin United Holdings)
Fax 5I2- 255.6676 1-800-735-2989 (TDD) I -800- 735 -2988 (Voice)
State of Texas
County of Williamson
THE FOLLOWING DEED RESTRICTIONS ARE DRAFTED, AND WILL BE RECORDED, TO
SATISFY A CONDITIONAL REQUIREMENT BY THE CITY OF ROUND ROCK FOR APPROVAL
OF A ZONING CHANGE FROM 1 -1 to C -1 (Application # 95 - 5073) on ±9.9 acres legally
described as being part of the David Curry Survey, A -130, Round Rock, Williamson County,
Texas
We, David L. Carlin, Anna L Pavlik and Ruben Carlin as managing partners for Carlin
United Holdings, the current owner of ±9.99 acres legally described as being part of the
David Curry Survey, A -130, Round Rock, Williamson County, Texas, set forth the following
restrictions on the potential use/ uses of this property or any smaller components or lots
resulting from future subdivision or partitioning:
1). This property or any smaller components or divisions thereof shall not
be utilized for any type of sexually oriented businesses including but
not limited to massage parlors; gentlemen' or ladies' clubs featuring
exotic, topless or nude dancing and X- rated, Illicit or pornographic
movie theaters or bookstores.
2). This property or any smaller components or divisions thereof shall not
be utilized or improved/ developed with a petroleum sales/
distribution facility featuring a design or capacity that could be
classified as a Truck Stop or a Bulk Plant. This restriction is not
intended to preclude use/ development with any other type of petroleum
sales outlet allowed under the C -1 zoning.
3). This property or any smaller components or divisions thereof shall not
be utilized or Improved/ developed with any type of salvage or
wrecking yard. This restriction is not intended to prelude use/
development with any other type of automotive related facilities such as
new/ used cars sales/ service, paint and body shops, mechanic/ repair
shops, tire sales/ service, car rental Tots, etc. allowed under the C -1 zoning.
4). This property or any smaller components or divisions thereof shall not
be utilized or improved/ developed with any type of improvements that
could be categorized or described as mini - warehouse / storage units.
This restriction is not intended to preclude use/ development with any other
type of storage facilities allowed under the C -1 zoning.
These restrictions may be modified, amended or terminated only by the joint action of both:
A). The majority of the City Council Members of the City Of Round Rock
B). The then current owners of the portion of the property with respect to which
these restrictions are being modified, amended or terminated.
If any person or entity of any character shall violate or attempt to violate the foregoing
restrictions, it shall be lawful for the City of Round Rock, Texas, to prosecute proceedings at law,
or in equity, against said person or entity violating or attempting to violate such restrictions and
to enjoin said person or entity from violating or attempting to violate such restrictions.
The failure at any time to enforce these restrictions by the City of Round Rock, Texas, whether
any violations are known or not, shall not constitute a waiver or estoppel of the right to do so.
Executed this ko day of C.L:k
b - d. Cau.14,;,
David L. Carlin
p)
Aida off. 0— i.KJ
Anna L Pavlik
Ruben Carlin
Managing Partners
for Carlin United Holdings
DEED RESTRICTIONS
y
ROSE MARIE BROWN
Notary Puolic, State of Texas
My Commission Expires &2936
Notary Public:
DOC' 9609717
, 1995 State of Texas
County Of Williamson
This instrument was acknowledged
before me on Ott. It ,1995, by
1 9mnr,` Yln D
mmission Expires: 14
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
1
Doc# 9609717
# Pages: 1
Date : 02 -27 -1996
Time : 01:52:39 P.N.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE
COUNTY CLERK
Rec. $ 9.00
Mk le cettobettis documenting RUED end
_RECORDED le
stamped trOSOR lh, Tees an the dat Records of
ra 'fie L eo, _E. ma y., r �.