Z-96-02-22-12A - 2/22/1996Mayor
Charles Culpepper
Mayor Pro -tem
Earl Palmer
Council Members
Robert Stluka
Rod .Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
City Manager
Robert L Bennett. Jr
City Attorney
Stephan L. Sheers
March 6, 1996
Hoppe Properties, Ltd.
attn: Marianne Hoppe Wood
16917 South Ridge Lane
Austin, TX 78734
re: Hoppe Tract deed restrictions
Dear Ms. Wood:
Enclosed is your copy of the recorded deed restriction for the above noted
tract. If you have any questions, please call me at 218 -5416.
ank you,
Mona Ryan, P1aing Technician
Planning and Community Development
City of Round Rock, Texas
Encl: Document No. 9609716
c T.E. Haynie and Associates
attn: Tim Haynie
1826 Kramer Lane Suite A
Austin, TX 78758 -4239
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512. 255.3612
Fax 512 -255 -6676 1-800.735.2989 (TED) 1 -800- 735 -2988 (Voice)
z - oa -aa- PA.
DECLARATION OF COVENANTS, CONDITIONS,
Preamble
DOC% 9609716
ANB
This Declaration of Covenants, Conditions, and Restrictions is
made on Febru *. AO 1996, at Round Rock, Texas, by Hoppe
Properties, Ltd., a Texas Limited Partnership ( "Declarant "), whose
mailing address is , 16917 SOUTH RIDGE LANE, AUSTIN, TEXAS 78734.
Recitals
1. Declarant is the owner of all that certain real property
( "the Property ") located in Williamson County, Texas, more fully
described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein by reference.
2. The Declarant has devised a general plan for the entire
Property as a whole, with specific provisions for particular parts
and parcels of the Property. This general plan provides a common
scheme of development designed to protect and safeguard the
Property over a long period.
3. This general plan will benefit the Property in general,
the parcels and lots that constitute the Property, the Declarant,
and each successive owner of an interest in the Property.
4. This general plan will also benefit adjoining properties
and the City of Round Rock, Texas ( "City ")and is necessary in order
for the City to consider rezoning the Property to C -1 (General
Commercial.
5. Therefore, in accordance with both the doctrines of
restrictive covenant and implied equitable servitude, the Declarant
desires to restrict the Property according to these covenants,
conditions, and restrictions in furtherance of this general
development plan.
NOW, THEREFORE, it is declared that all of the Property shall
be held, sold, and conveyed subject to the following easements,
restrictions, covenants, and conditions.
ARTICLE 1
Definitions
1.01. City. "City" means the City of Round Rock, Texas.
C: \w, Dots\ ACITrV4rscELLA \REsTRICT.C4n /ala
1
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
1.02. Developer. "Developer" means Declarant and its
successors and assigns.
1.03. Lot. "Lot" means any lots or plots of land out of the
Property.
1.04. Owner. "Owner" means the record owner or owners of the
fee simple title to any Lot or portion of a Lot in the Property.
"Owner" includes contract sellers but excludes persons having only
a security interest.
ARTICLE 2
Use Restrictions
2.01. Commercial Use Only. Except as otherwise provided
hereinafter, all Lots shall be used only for purposes allowed by
§11.311 District C -1 (General Commercial), Code of Ordinances, City
of Round Rock, as amended.
2.02. Prohibited Uses. The Property shall not be used for any
of the following uses:
(a) a truck -stop operation, truck maintenance and /or repair
facility, and truck or automobile body repair or painting
facility;
(b) overnight parking of campers, motor homes, mobile homes,
boats, trailers, commercial trucks, or heavy equipment;
(c) parking of any vehicles for extended periods of time on
unpaved surfaces;
(d) a sexually oriented business as defined in the Code of
Ordinances, City of Round Rock, as amended;
(e) a salvage yard; and
(f) mini warehouses.
2.03. Temporary Structures Prohibited. No structure of a
temporary character, trailer, mobile home, tent, shack, or other
outbuilding shall be used on the Property, other than for a
temporary construction office.
2
2.04. Dumping Trash Prohibited. The Property shall not be used
or maintained as a dumping ground for rubbish or trash. All
equipment for the storage and disposal of such materials shall be
kept in a clean and sanitary condition. All garbage and trash must
be disposed of or removed before spoilage or emitting an odor or
unsightly condition.
ARTICLE THREE
General Provisions
3.01. Enforcement. The Developer, the City, or any Owner shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, and reservations imposed by this
Declaration. Failure to enforce any covenant or restriction shall
not be deemed a waiver of the right of enforcement either with
respect to the violation in question or any other violation. All
waivers must be in writing and signed by the party to be bound.
3.02. Severability. 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.
3.03. Covenants Running With the Land. These easements,
restrictions, covenants, and conditions are for the purpose of
protecting the value and desirability of the Property.
Consequently, they shall run with the real property and shall be
binding on all parties having any right, title, or interest in the
Property in whole or in part, and their heirs, successors, and
assigns. These easements, covenants, conditions, and restrictions
shall be for the benefit of the Property, each Lot, and each Lot
Owner.
3.04. Duration and Amendment. The covenants, conditions, and
restrictions of this Declaration shall be effective for a term of
20 years from the date this Declaration is recorded, after which
period the covenants, conditions, and restrictions shall be
automatically extended for successive periods of 10 years subject
to termination by an instrument signed by more than 50 percent of
the Owners and the City. The covenants, conditions, and
restrictions of this Declaration may be amended by an instrument
signed by more than 75 percent of the Owners and the City. Neither
any amendment nor any termination shall be effective until recorded
in the deed records of Williamson County, Texas, and all requisite
governmental approvals, if any, have been obtained.
3
3.05. Attorneys' Fees. If any controversy, claim, or dispute
arises relating to this instrument, its breach, or enforcement, the
prevailing party shall be entitled to recover from the losing party
reasonable expenses, attorneys' fees, and costs.
3.06. Liberal Interpretation. This Declaration shall be
liberally construed to effectuate its purpose of creating a uniform
plan for the Property.
This Declaration is executed this t day of
, 1996.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Declarant
Hoppe Properties, Ltd.
By:
Marianne Wood, its c- eral Partner
ACKNOWLEDGMENT
This instrument was acknowledged before me on
1996 by Marianne Wood, General Partner on behalf
Properties, Ltd., a Texas limited partnership.
[S
V+,
JAMIE LYNN
1 Notary Public, State of Texas
... f My Commleelon Exgree
Dec. 18, 1999
[SI E]
(1- al [ rl
[TYPED NAME] LJ
4
0
oppe
Not y Public in and o the State of Texas My commission
expires , 19 LI r
FEB -20 -1996 15:11 FROM
EXHIBIT `T'
TO
FIELD NOTE DESCRIPTION
OF 25.390 ACRES
FIELD NOTE DESCRIPTION FOR 25.390 -ACRE
TRACT (1,105,988 SQ. FT.), OUT OF THE
DAVID CURRY SURVEY. ABSTRACT NO. 130
SITUATED IN THE CITY OF ROUND ROCK.
WILLIAMSON COUNTY , TEXAS, SAID 25.390 -
ACRE TRACT BEING A PORTION OUT OF THAT
CERTAIN 38.70 -ACRE TRACT (SECOND TRACT)
AS DESCRIBED IN A DEED CONVEYED TO EDGAR
E. HOPPE IN VOLUME 429. PAGE 485 OF THE
NILUAMSON COUNTY DEED RECORDS
(W. C. 0, R.) , WILUAMSON COUNTY, TEXAS,
5A10 25.390 ACRE TRACT (1,105,988 SQ.
FT.) , BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND IN THE NORTH
RIGHT -OF -WAY (R.O.W.) , LINE OF FARM TO MARKET ROAD NO.
3406 (FM 3406) (120' R.O.W.) AND WITH THE EAST R.O.W.
LINE OF CI- IISHOLM TRAIL , AKA COUNTY ROAD 170, ( R.O.W.
VARIES ) . SAID POINT BEING THE POINT OF BEGINNING AND
THE SOUTHEAST CORNER OF THE HERON DESCRIBED TRACT_
THENCE N 01 ° 20' 28" E , A DISTANCE 1,432.49
FEET ALONG THE EAST R.O.W. OF SAID CHISHOLM TRAIL AND
THE WEST UNE OF SAID SECOND TRACT TO A 1/2" IRON ROD
SET FOR AN ANGLE POINT.
THENCE N 04 ° 27' 09" W . A DISTANCE OF 462.63 FEET
CONTINUING ALONG THE AFOREMENTIONED CHISHOLM TRAIL AND
5410 SECOND TRACT TO A - 1/2` IRON ROO FOUND, SAID POINT
BEING THE SOUTHEAST CORNER OF THAT CERTAIN 10.00 ACRE
TRACT ANO BEING 114E REMAINING PART OF NE ORIGINAL
SECOND TRACT , CONVEYED TO CARLIN UNITED HOLDING. A
TEXAS PARTNERSHIP . IN A WARRANT DEED WITH VENDOR UEN
IN VOLUME 2399 , PAGE 521 OF THE NALLIAMSON COUNTY DEED
RECORDS . WLUANSON COUNTY , TEXAS , AND BEING THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT.
THENCE 5 67 °51' 41" E , PASSING AT 27.30 FEET AN
1/2" IRON ROD FOUND 0EING THE SOUTHWEST CORNER OF THE
AFOREMENTIONED 10.00 ACRE TRACT , PASSING AT 613.30 FEET
A 1/2" IRON ROD FOUND SAME BEING THE SOUTHEAST CORNER
OF SAID 10.00 ACRE TRACT AND CONTINUING FOR A TOTAL
DISTANCE OF 614.45 FEET TO A 1/2" IRON ROD SET IN THE
WEST LINE OF THE SOUTHBOUND FRONTAGE ROAD OF U.S.
INTERSTATE HIGHWAY NO. 35 (R.O.W. VARIES) AND BEING THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT
3465775 P.02
c6, Round ozi ,gg
e.(t!tJ L1'
RQtu d lock, JX 764s
FEB 20 '56 15:04
THENCE ALONG THE WEST RIGHT -OF -WAY UNE OF THE
SOUTHBOUND FRONTAGE OF SAID U.S. INTERSTATE HIGHWAY
NO. 35 AND THE EAST LINE OF SAID SECOND, TRACT THE
FOLLOWING FOUR (4) COURSES AND DISTANCES:
5) S Q0°10' 00" E A DISTANCE OF 943.38 FEET TO
A 3/8" IRON ROD FOUND IN CONCRETE AND
STAMPED "TOOT" (TEXAS DEPARTMENT OF
TRANSPORTATION) , (R.O,W. MONUMENT) FOR AN
ANGLE POINT,
2) 5 07° 11' 31' W , A DISTANCE OF 353.03 FEET
TO AN 1/2" IRON ROD FOUND FOR AN ANGLE
POINT.
3) S 27° 11' 15" W , A DISTANCE OF 337.59 FEET
TO A 3/0" IRON ROD IN CONCRETE AND STAMPED
"TOOT" FOR AN ANGLE POINT.
4) 5 04° 44' 09" W , A DISTANCE OF 101.09 FEET
TO A CAPPED 1/2" IRON ROD FOUND MARKED 81711
A BAKER- AICKLEN STAMP ANO BEING THE
NORTHEAST CORNER OF A 0.9183 -ACRE (40,000
SO . FT.) TRACT OF LAND ALSO BEING A PART OF
THE ORIGINAL 38.78 ACRE SECOND TRACT
BELONGING 10 EDGAR E. HOPPE AND DESCRIBED
IN A DEED RESTRICTION 70 THE CIT! OF ROUND
ROCK , WILUAMSON COUNT( , TEXAS. IN VOLUME
1535 , PAGE 509 , OF THE WILLIAMSON COUNTY
DEED RECORDS AND BUNG THE SOUTHEAST CORNER
OF THE HEREIN DESCRIBED TRACT.
THENCE N 88 58" W . A DISTANCE OF 205.07 FEET
DEPARTING SAID SOUTHBOUND FRONTAGE ROAD OF U.S.
INTERSTATE HIGHWAY NO. 35 AND ALONG THE NORTH UNE OF IRON
SAID ACRE TRAT AND TO A. 12" FOUND 0.9183
STAMPED BA ERCAICK EN AND MARKING NORTHWEST
CORNER OF SAID 0.9583 ACRE TRACT FOR AN ELL CORNER OF
THE HEREIN DESCRIBED TRACT.
THENCE S 01 CO" W , A DISTANCE OF 196.15 FEET
ALONG THE WEST LINE OF SAID 0.9163 ACRE TRACT TO 1/2"
CAPPED IRON ROD FOUND STAMPED BAKER- AICKLEN , SAID
POINT BEING THE MOST SOUTHERLY UNE OF SAID SECOND
TRACT AND MARKING THE SOUTHWEST CORNER OF SAID 0.9183
ACRE TRACT AND BEING A POINT ALONG A CURVE TO THE
RIGHT IN THE NORTH UNE OF SAIO FM 3406 FOR AN ELL
CORNER OF THE HEREIN DESCRIBED TRACT.
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT
IN THE NORTH R.O.W. UNE OF SAID F. M. 3406 AND HAVING
A RADIUS OF 1,333.24 FEET . A CENTRAL ANGLE OF 11 38'
11" , AN ARC LENGTH OF 207.77, AND A CHORD WHICH BEARS
N 86 49' 02" FEET TO THE POINT OF BEGINNING AND
CONTAINING 25.390 ACRES (1,105.968 5Q 11.) OF LAND
MORE OR LESS.
THE STATE OFMOS
cowl, pori 9dst document was FILED al I
WORM 5 tle O6IcBl Public R e t ° r al
William;.',, Coo!, 7,,,, - -
gamped lherean.
c o r.
DocP 9609716
11 Pages: 6
Date : 02 -27 -1996
Time : 01:52:39 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 19.00
TOTAL P,02
PAGE.002
KS /ORDINANCE
0R50928L
ORDINANCE NO. Z `7 co - Ia /T
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 25.39
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, 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
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:
I.
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.
READ and APPROVED on first reading this the jU day of
4 3.±Vaila, 1995.
READ, APPROVED and ADOPTED on second reading this the
n day of _2 J/ UOfLtf , 1996.
ATTEST:
ANNE LAND, City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
3.
25.390 ACRES
HOPPE TRACT
PAGE 1
FIELD NOTE DESCRIPTION
OF 25.390 ACRES
FIELD NOTE DESCRIPTION FOR 25.390 -ACRE TRACT
(1,105.988 SQ. FT.), OUT OF THE DAVID CURRY SURVEY,
ABSTRACT NO. 130 SITUATED IN THE CITY OF ROUND
ROCK, WILLIAMSON COUNTY, TEXAS, SAID 25.390 -ACRE
TRACT BEING A PORTION OUT OF THAT CERTAIN 38.78 -
ACRE TRACT (SECOND TRACT) AS DESCRIBED IN A DEED
CONVEYED TO EDGAR E. HOPPE IN VOLUME 429, PAGE
485 OF THE WILLIAMSON COUNTY DEED RECORDS
(W.C.D.R.), WILLIAMSON COUNTY, TEXAS, SAID 25.390 -
ACRE TRACT (1,105.988 SO. FT.), BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
D. CURRY SURVEY
JOB NO. 95-28
AUGUST 23, 1995
BEGINNING AT A 1/2' IRON ROD FOUND IN THE NORTH RIGHT-OF-WAY
(R.O.W.), LINE OF FARM TO MARKET ROAD NO. 3406 (FM 3406), (120' R.O.W.)
AND WITH THE EAST R.O.W. LINE OF CHISHOLM TRAIL, AKA COUNTY ROAD
170, ( R.O.W. VARIES ), SAID POINT BEING THE POINT OF BEGINNING AND THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT.
THENCE N 01° 20' 26' E, A DISTANCE OF 1,432.49 FEET ALONG THE EAST
R.O.W. OF SAID CHISHOLM TRAIL AND THE WEST LINE OF SAID SECOND
TRACT TO A 1/2' IRON ROD SET FOR AN ANGLE POINT.
THENCE N 04° 27' 09' W, A DISTANCE OF 462.63 FEET CONTINUING ALONG
THE AFOREMENTIONED CHISHOLM TRAIL AND SAID SECOND TRACT TO A 1/2'
IRON ROD FOUND, SAID POINT BEING THE SOUTHEAST CORNER OF THAT
CERTAIN 10.00 ACRE TRACT AND BEING THE REMAINING PART OF THE
ORIGINAL SECOND TRACT, CONVEYED TO CARLIN UNITED HOLDING, A TEXAS
PARTNERSHIP, IN A WARRANT DEED WITH VENDOR LIEN IN VOLUME 2399,
PAGE 521 OF THE WILLIAMSON COUNTY DEED RECORDS, WILLIAMSON
COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF THE HEREIN
DESCRIBED TRACT.
THENCE S or 51' 41' E, A DISTANCE OF 614.75 FEET ALONG THE SOUTH
LINE OF THE AFOREMENTIONED 10.00 ACRE TRACT AND THE NORTH LINE OF
SAID SECOND TRACT TO A 1/2' IRON ROD FOUND IN THE WEST LINE OF
25.390 ACRES
HOPPE TRACT
PAGE 2
1) S 00 °10' 00' E. A DISTANCE OF 943.38 FEET TO A 3/8' IRON
ROD FOUND IN CONCRETE AND STAMPED 'TDOT' (TEXAS
DEPARTMENT OF TRANSPORTATION), (R.O.W. MONUMENT)
FOR AN ANGLE POINT.
D. CURRY SURVEY
JOB NO. 95-28
AUGUST 23. 1995
THE SOUTHBOUND FRONTAGE ROAD OF U.S. INTERSTATE HIGHWAY NO. 35,
(R.O.W. VARIES). SAME BEING THE SOUTHEAST CORNER OF SAID 10.00 -ACRE
TRACT AND BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED
TRACT.
THENCE ALONG THE WEST RIGHT -OF -WAY LINE OF THE SOUTHBOUND
FRONTAGE OF SAID U.S. INTERSTATE HIGHWAY NO. 35 AND THE EAST LINE
OF SAID SECOND TRACT THE FOLLOWING FOUR (4) COURSES AND
DISTANCES:
2) S or 11' 31' W, A DISTANCE OF 353.03 FEET TO AN 1/2' IRON
ROD FOUND FOR AN ANGLE POINT.
3) S 27° 11' 15' W, A DISTANCE OF 337.59 FEET TO A 3/8' IRON
ROD IN CONCRETE AND STAMPED TOOT' FOR AN ANGLE
POINT.
4) S 04° 44' 09' W, A DISTANCE OF 101.09 FEET TO A CAPPED 1/2'
IRON ROD FOUND MARKED WITH A BAKER - AICKLEN STAMP
AND BEING THE NORTHEAST CORNER OF A 0.9183 -ACRE
(40.000 SO. FT.) TRACT OF LAND ALSO BEING A PART OF THE
ORIGINAL 38.78 ACRE SECOND TRACT BELONGING TO EDGAR
E. HOPPE AND DESCRIBED IN A DEED RESTRICTION TO THE
CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS. IN
VOLUME 1535, PAGE 509, OF THE WILLIAMSON COUNTY DEED
RECORDS AND BEING THE SOUTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT.
THENCE N 88° 36' 58' W, A DISTANCE OF 205.07 FEET DEPARTING SAID
SOUTHBOUND FRONTAGE ROAD OF U.S. INTERSTATE HIGHWAY NO. 35 AND
ALONG THE NORTH LINE OF SAID 0.9183 ACRE TRACT AND TO A 1/2' CAPPED
IRON ROD FOUND STAMPED BAKER - AICKLEN AND MARKING THE
NORTHWEST CORNER OF SAID 0.9183 ACRE TRACT FOR AN ELL CORNER OF
THE HEREIN DESCRIBED TRACT.
THENCE S 01° 19' 00' W, A DISTANCE OF 198.18 FEET ALONG THE WEST
LINE OF SAID 0.9183 ACRE TRACT TO 1/2' CAPPED IRON ROD FOUND
STAMPED BAKER- AICKLEN, SAID POINT BEING THE MOST SOUTHERLY LINE
OF SAID SECOND TRACT AND MARKING THE SOUTHWEST CORNER OF SAID
0.9183 ACRE TRACT AND BEING A POINT ALONG A CURVE TO THE RIGHT IN
THE NORTH LINE OF SAID FM 3406 FOR AN ELL CORNER OF THE HEREIN
DESCRIBED TRACT.
25.390 ACRES
HOPPE TRACT
PAGE 3
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT IN THE NORTH
R.O.W. LINE OF SAID F.M. 3408 AND HAVING A RADIUS OF 1,333.24 FEET, A
CENTRAL ANGLE OF 11° 38' 11' , AN ARC LENGTH OF 207.77, AND A CHORD
WHICH BEARS N 88° 49' 02' FEET TO THE POINT OF BEGINNING AND
CONTAINING 25.390 ACRES (1,105.988 SO. FT.) OF LAND MORE OR LESS.
I, TIMOTHY E. HAYNIE. HEREBY CERTIFY THAT THIS DESCRIPTION WAS
PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY
SUPERVISION AND THAT ALL CORNERS ARE MARKED AS DESCRIBED.
TIMOTHY E. HAYNIE DATE
REGISTERED PUBLIC SURVEYOR NO. 2380
D. CURRY SURVEY
JOB NO. 95-26
AUGUST 23, 1995
9526BFLD.NTS
- a-
CHISNOLM TRAIL C ...•
4_
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mtLY / N. (MAY MAMA
NIL P Na
ZONING SITE PL %' N
Ea ►Anse & AMMO=
Clvli Englnw• and
Land Surveyors
AUSTIN. TEXAS
.an. arerrxwr�i ......
ye4 TN ACM..
MNl.ra• ..r..NrIn cu...w NAUSLNV
(COUNTY ROAD NO. 173
U. S. INTEREGIONAL H I G H.W A Y 35
f sewn. .LAIN)
4.!
OWNER . EDGAR E. HOPPE
ACREAGE . 25.390 ACRES
SURVEY . DAVID CURRY SURVEY NO. 130
NUMSIR OF BLOCKS e 3
NUMBER OF LOTS . 10
L.F. OF NEW STREET . 1517.54
DATE . AUGUST 24 1995
DATE: February 20, 1996
SUBJECT: City Council Meeting, February 22, 1996
ITEM: 12.A. Consider an ordinance to rezone 25.39 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). (Edgar E. Hoppe) (Second Reading)
(tabled 10/24/95)
Staff Resource Person: Hugh Bender
Staff Recommendation: Approval
This item was tabled at the request of the owner to allow time for his attorney
to complete the deed restrictions that would prohibit this of land being used
for any sexually oriented businesses, salvage yards, truck stops, or mini
warehouses. The deed restrictions have now been executed.
Plaza, a subdivision in Williamson County, Texas have submitted an
Amended Declaration of Covenants, Conditions and Restrictions
( "Amended Declaration "), and
WHEREAS, said Amended Declaration deletes the restrictions
against overnight parking of campers, motor homes, mobile homes,
boats, trailers, commercial trucks and heavy equipment for Lot Two -
A (2 -A), Block "B" of Encino Plaza, and
WHEREAS, the City Council wishes to approve said Amended
Declaration, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Amended Declaration of Covenants, Conditions
and Restrictions which deletes the restrictions against overnight
parking of campers, motor homes, mobile homes, boats, trailers,
commercial trucks and heavy equipment for Lot Two -A (2 -A), Block
"B" of Encino Plaza, a copy of said Amended Declaration being
attached hereto as an exhibit.
RESOLVED this day of 25th day of/�eptember, 1997.
ATTEST:
WHEREAS, the Owners of certain real property known as Encino
i /At /1 _'
Tom E LAND, City Secretary
x:\ YFOOCS \RBSOLmI\RSios2sB.NPO /.cg
RESOLUTION NO. R- 97- 09- 25 -13B
CHARLES C PER, Mayor
City of Round Rock, Texas
z 9 oa-aa -0Iq
G:\SCENIC MARLIMDOCS\COVENANT DEC
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
$dp'rirnuark
This Amended Declaration of Covenants, Conditions, and Restrictions is made on T4ngnst
45 1997, at Round Rock, Texas, by Hoppe Properties, Ltd., a Texas Limited Partnership
( "Declarant "), and approved by Oak Tree Development Corporation, a Texas corporation; HKS
Ventures, L.L.C., a Texas limited liability company; Hammoud, Inc., a Texas corporation; Lone
Rock, Ltd., a Texas limited partnership; and Declarant ( "Owners "), as well as the City of Round
Rock, Texas.
Recitals
1. Owners are the owners of all that certain real property ( "the Property ") located in
Williamson County, Texas, more fully described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein by reference. The property is currently more fully described as Encino Plaza,
a subdivision in Williamson County, Texas according to the map or plat of record in Cabinet N, Slide
272, Plat Records of Williamson County, Texas.
2. The Declarant has devised a general plan for the entire Property as a whole, with
specific provisions for particular parts and parcels of the Property. This general plan provides a
common scheme of development designed to protect and safeguard the Property over a long period.
3. This general plan will benefit the Property in general, the parcels and lots that
constitute the Property, the Declarant, and each successive owner of an interest in the Property.
4. This general plan will also benefit adjoining properties and the City of Round Rock,
Texas ( "City ") and is necessary in order for the City to consider rezoning the Property to C -1
(General Commercial).
5. Therefore, in accordance with both the doctrines of restrictive covenant and implied
equitable servitude, the Declarant desires to restrict the Property according to these covenants,
conditions, and restrictions in furtherance of this general development plan, a desire in which the
Owners and the City join at this time.
NOW, THEREFORE, it is declared that all of the Property shall be held, sold, and conveyed
subject to the following easements, restrictions, covenants, and conditions.
ARTICLE ONE
Definitions
1.01 City. "City" means the City of Round Rock, Texas.
1.02 Developer. "Developer" means Declarant and its successors and assigns.
1.03 Lot. "Lot" means any lots or plots of land out of the Property.
AMENDED DECLARATION OF COVENANTS,
CONDrTIONS AND REST IuC IONS PAGE t
O:ASCENIC'MARLIN DOCS1COVENANT .DEC
1.04 Owner. "Owner" means the record owner of the fee simple title to any Lot or
portion of a Lot in the Property. "Owner" includes contract sellers but excludes persons having only
a security interest.
ARTICLE TWO
Use Restrictions
2.01 Commercial Use Only. Except as otherwise provided hereinafter, all Lots shall be
used only for purposes allowed by §11.311 District C -1 (General Commercial), Code of Ordinances,
City of Round Rock, as amended.
2.02 Prohibited Uses. The Property shall not be used for any of the following uses:
(a) a truck -stop operation, truck maintenance and/or repair facility, and truck or
automobile body repair or painting facility;
(b) overnight parking of campers, motor homes, mobile homes, boats, trailers,
commercial trucks, or heavy equipment;
(c) parking of any vehicles for extended periods of time on unpaved surfaces;
(d) a sexually oriented business as defined in the Code of Ordinances, City of
Round Rock, as amended;
(e) a salvage yard; and
(f) mini warehouses.
The restrictions against overnight parking of campers, motor homes, mobile homes, boats,
trailers, commercial trucks, or heavy equipment, contained in §2.02(b) above shall not apply to the
following lot as long as said lot is owned and operated as a hotel:
Lot Two -A (2 -A), Block "B" of the Replat of Lots 1, 2 and 3 -- Block `B" ENCINO
PLAZA, a subdivision in Williamson County, Texas, according to the map or plat or
record in Cabinet 0, Slides 336 -337, Plat Records of Williamson County, Texas.
The exemption of said lot as to overnight parking of campers, motor homes, mobile homes, boats,
trailers, commercial trucks, or heavy equipment is only applicable to those vehicles which belong to
quests of the hotel to be located on the lot. Should said lot cease to be used and operated as a hotel,
its exemption from the terms of this section shall immediately terminate without further notice.
2.03 Temporary Structures Prohibited. No structure of a temporary character, trailer,
mobile home, tent, shack, or other outbuilding shall be used on the Property, other than for a
temporary construction office.
AMENDED DECLARATION OT COVENANTS,
CONDmONS AND RESTRICTIONS PAGE 2
O. SCENIC \MARLN DOCS1COVENAN FDEC
2.04 Dumping Trash Prohibited. The Property shall not be used or maintained as a
dumping ground for rubbish or trash. All equipment for the storage and disposal of such materials
shall be kept in a clean and sanitary condition. All garbage and trash must be disposed of or removed
before spoilage or emitting an order or unsightly condition.
ARTICLE THREE
General Provisions
3.01 Enforcement. The Developer, the City, or any Owner shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this
Declaration. Failure to enforce any covenant or restriction shall not be deemed a waiver of the right
of enforcement either with respect to the violation in question or any other violation. All waivers
must be in writing and signed by the party to be bound.
3.02 Severability. 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.
3.03 Covenants Running With the Land. These easements, restrictions, covenants, and
conditions are for the purpose of protecting the value and desirability of the Property. Consequently,
they shall run with the real property and shall be binding on all parties having any right, title, or
interest in the Property in whole or in part, and their heirs, successors, and assigns. These easements,
covenants, conditions, and restrictions shall be for the benefit of the Property, each Lot, and each Lot
Owner.
3.04 Duration and Amendment. The covenants, conditions, and restrictions of this
Declaration shall be effective for a term of 20 years from the date this Declaration is recorded, after
which period the covenants, conditions, and restrictions shall be automatically extended for successive
periods of 10 years subject to termination by an instrument signed by more than 50% of the Owners
and the City. The covenants, conditions, and restrictions of this Declaration may be amended by an
instrument signed by more than 75% of the Owners and the City. Neither any amendment nor any
termination shall be effective until recorded in the deed records of Williamson County, Texas, and
all requisite governmental approvals, if any, have been obtained.
3.05 Attorneys Fees. If any controversy, claim, or dispute arises relating to this
instrument, its breach, or enforcement, the prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees, and costs.
3.06 Liberal Interpretation. This Declaration shall be liberally construed to effectuate its
purpose of creating a uniform plan for the Property.
IN WITNESS WHEREOF, we have duly executed this Amended Declaration of Covenants,
Conditions and Restrictions on this the 625 day of (SEP7(m8ER. , 1997.
AMENDED DECLARATION OF COVENANTS,
CONDTONS RESTRICTIONS PAGE3
lSCENICNMARL WNC OCSSCO V ENANr.DEC
Declarant and Owner:
HOPPE PROPERTIES, LTD.
16917 South Ridge Lane
Austin, Texas 78734
by_ `7l./., - - --8- --.moo
Marianne Hoppe Wood, its G n ral Partner
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by Marianne Hoppe Wood, General
Partner, on behalf of Hoppe Properties, Ltd., a Texas limited partnership.
Signed on this the of 1997.
, CAROLYN P. BRANDT
, Notary Public, Stale of Texas
1 Uy C ,sn can Expos
MAY 5, 2001
AMENDED DECLARATION OF COVENANTS,
COMMONS AND RESTRICTIONS
ACKNOWLEDGMENT
Notary Public, State of Texas
Commission Expires: 5 ,
PAGE 4
G:LSCENICNMARL1N1DOCS\COVENAN r.DEC
Owners:
OAK TREE DEVELOPMENT CORPORATION
P.O. Box 2445
ound Rock, Texas 78680
by: t
STATE OF TEXAS
d K. Shelton, President
COUNTY OF WILLIAMSON
SHARON L. LOPEZ
NOTARY PUBLIC
STATE OF TEXAS
Commission Expires 12.12.99
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by David K. Shelton, President of
OAK TREE DEVELOPMENT CORPORATION, a Texas corporation.
Signed on this the 25 day of , 1997.
(---)7
Notary Public, State of Texas
Commission Expires:
AMENDED DECLARATION OF COVENANTS,
CONDEMNS AND RESTRICTIONS PAGE 5
G: \SCENIC\MARLINVOCS\COVENANT .DEC
HKS VENTURES, L.L.C.
203 North Nixon Avenue
Nixo exas 78140
by:
Donald D
STATE OF TEXAS
COUNTY OF WILLIAMSON
A
ffman, Pres'. e
On this date this instrument was acknowledged before me by Donald D. Hoffman, President
of HKS VENTURES, L.L.C., a Texas limited liability company.
Signed on this the Zi day of
SHARON ARY LUBLCZ
I
STATE OF XA
C Expilea TE 12.1S 2.98
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ACKNOWLEDGMENT
, 1997.
Notary Public, State of Texas
Commission Expires:
PAGE6
G :ISCENIC\ MARLIN nDOCSCOVENANCDEC
HAMMOUD, INC.
15418 Ecorio Drive
Austin, T � 78728
by:
Amer r . oud, resident
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by Amer Hammoud, President of
HAMMOUD, INC., a Texas corporation. 77
Signed on this the (o day of , 1997.
° SHARON L. LOPEZ
_il� a NOTARY PUBLIC
STATE OF TEXAS
Commission Expires 12.12 -99
ACKNOWLEDGMENT
/9/a. af
Notary Public, State of Texas in
Commission Expires:
AMENDED DECIARAIION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 7
G',\SCENIO ARLINDOCS\COVENANC.DEC
LONE ROCK Ltd., a Texas Limited Partnership,
by its General partner
STATE OF Kentucky
COUNTY OF Daviess
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by Glenn D. Higdon, President of
Wilrock, Inc., the sole General Partner of Lone Rock Ltd., a Texas limited partnership
Signed on this the 22nd day of August , 1997.
Sexr/rxet,f6a
otary Public, State of Kentucky
Commission Expires: 6 -11 -98
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE S
0 : 1sCENILIMARLRADO(S\COVENANT.DEC
STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by CNRktzS e.apente
on behalf of the City of Round Rock, Texas.
Signed on this the a day of t80.,. , 1997
CHRISTINE R. MARIINEZ
MY COMMISSION EXPIRES
August 5, 2001
• a
Notary Public, State of Texas
Commission Expires: $'.S' 01
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 9
DATE: September 19,1997
SUBJECT: City Council Meeting, September 25,1997
Item: 13.B. Consider a resolution amending the Declaration of
Covenants, Conditions and Restrictions for Encino Plaza.
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
The attached resolution authorizes changes to the deed restrictions for a portion
of Encino Plaza. Specifically, the restrictions against overnight parking of
campers, motor homes, mobile homes, boats, trailers, commercial trucks, or
heavy equipment shall not apply to Lot 2A, Blk B of the Replat of Encino Plaza as
long as it is owned and operated as a hotel.
Encino Plaza