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Z-99-03-11-13A4 - 3/11/1999K:\ NPDCCS \ORDINANC \O9O911A9.NPD /acg ORDINANCE NO. z ' q9 13 /4 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 1.578 ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT 298, 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 to rezone 1.578 acres of land out of the Wiley Harris Survey, Abstract 298, in Round Rock, Williamson County, Texas, being more fully 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 17th day of February, 1999, 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 property described in Exhibit "A" be zoned as District C -1 (General Commercial), and WHEREAS, on the llth day of March, 1999, after proper notification, the City Council held a public hearing on the requested amendment, 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 hereafter designated as District C -1 (General Commercial). II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 2. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 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, P , and ADOPTED on first reading this � I — day a C- of 1/ , 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of , 1999. ATTEST: LAND, City Secretary if/ CHARLES CULPEPPER, Mayor City of Round Rock, Texas 3. EXHIBIT A DESCRIPTION FOR A 1.578 -ACRE (68,746 SQUARE FOOT) TRACT OF LAND SITUATED DI THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLI.4MSON COUNTY, TEXAS, SAID 1.578 -ACRE TRACT BEING A PORTION OF "TRACT ONE" AS DESCRIBED BY CASH WARRANTY DEED FROM GLENN SYNNOTT TO JOHN D. GIDDINGS (45% INTEREST CONVEYED) RECORDED IN VOLUME 1678 PAGE 358 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAME BEING A PORTION OF A TRACT OF LAND CONVEYED FROM GLENN SYNC IOTT TO JOIN D. HAMBRICK TRUSTEE (55% INTEREST) CONVEYED BY DEED OF TRUST RECORDED IN VOLUME 1697, PAGE 173 OF SAID OFFICIAL RECORDS (CONFIRMED BY "FORECLOSURE AFFIDAVIT" RECORDED N VOLUME 1834, PAGE 147 OF SAID OFFICIAL RECORDS), SAID 1.578 -ACRE TRACT OF LAND BEING ALL OF THAT 1.578 ACRE- TRACT OF LAND DESIGNATED "TRACT A" AND CONVEYED TO AUSTIN NATIONAL BANK, A TEXAS CORPORATION. (NOW D.B.A. FIRST AMERICAN BANK TEXAS, SSB) BY INSTRUMENT RECORDED AS DOCUMENT No. 9720173 OF SAID OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on a point in the cursing right -of -way line of Interstate Highway No. 35, same being the westerly boundary line of said "Tract One ", said point being the most southerly corner of Lot 2 of "City Centre Business Park", a subdivision according to the plat thereof recorded in Plat Cabinet P Slides 303 & 304 of the Plat Records of said County, same being the most westerly comer and POINT OF BEGINNING hereof; THENCE through the interior of said Tract One ", same being tvith the southerly boundary line of said Lot 2, N62 ° 15'22 "E (BEARING BASIS /DIRECTIONAL CONTROL LINE) for a distance of 250.00 - feet to an iron rod set on the most easterly corner of said Lot 2, being also in the southwesterly boundary line of Lot 4 of said Subdivision, being the most northerly corner hereof; THENCE continuing through the interior of said "Tract One ", with the southwesterly boundary line of said Lot 4, S47'00'1213 for a distance of 190.00 -feet to an iron rod set on a point in the northerly right - of -way line of McNeil Road as dedicated by instrument recorded on Volume 1512, Page 737 of the Official Records of said County, same being the southerly boundary line of said "Tract One ". being the most southerly corner of said Lot 4 and the most easterly comer hereof, THENCE with the northerly right - of-way line of McNeil Road, same being the southerly boundary line of said "Tract One ", S43 ° 17'31 "W for a distance of 340.00 feet to an iron rod set on a point in the easterly right -of -way line of Interstate Highway No. 35, being the most southerly corner of said "Tract One", same. being the most southerly corner hereof; THENCE departing the northerly right -of -was line of McNeil Road, with the easterly right -of -way line of Interstate Highway No. 35, same being the westerly boundary line of said'' 'Tract One ". N26 °12'04 "W for a distance of 90.65 -feet to a point of cunaturc hereof, bring 225.00 feet left of Engineer's Centerlin;: Station 1363 +44.93; REAL p ` TRAVI C 13 26 I1' RECORDS , ' N • TEXAS ,6 34 EXHIBIT A DESCRIPTION FOR A 1.573 -ACRE (63,746 SQUARE FOOT) TRACT OF LAND SITUATED DI THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 TN WILLIAMSON COUNTY, TEXAS, SAID 1.578 -ACRE TRACT BEING A PORTION OF 'TRACT ONE" AS DESCRIBED BY CASH WARRANTY DEED FROM GLENN SYNNOTT TO JOHN D. GIDDINGS (45% INTEREST CONVEYED) RECORDED IN VOLUME 1678 PAGE 353 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAME BEING A PORTION OF A TRACT OF LAND CONVEYED FROM GLENN SYNNOTr TO IOIfN D. HAMBRICK, TRUSTEE (55% INTEREST) CONVEYED BY DEED OF TRUST RECORDED IN VOLUME 1697, PAGE 173 OF SAID OFFICIAL RECORDS (CONFIRMED BY "FORECLOSURE AFFIDAVIT" RECORDED IN VOLUME 1834, PAGE 147 OF SAID OFFICIAL RECORDS), SAID 1.578 -ACRE TRACT OF LAND BEING ALL OF THAT 1.578 ACRE TRACT OF LAND DESIGNATED "TRACT A" AND CONVEYED TO AUSTIN NATIONAL BANK, A TEXAS CORPORATION. (NOW D.B.A. FIRST AMERICAN BANK TEXAS, SSB) BY INSTRUMENT RECORDED AS DOCUMENT No. 9720173 OF SAID OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on a point in the curving right -cf -way line of Interstate Highway No. 35, same being the westerly boundary line of said "Tract One ", said point being the most southerly corner of Lot 2 of "City Centre Business Park", a subdivision according to the plat thereof recorded in Plat Cabinet P Slides 303 & 304 of the Plat Records of said County, same being the most westerly comer and POINT OF BEGINNING hereof; THENCE through the interior of said "Tract One ", same being with the southerly boundary line of said Lot 2, N62 ° 15'22 "E (BEARING BASIS/DIRECTIONAL CONTROL LINE) for a distance of 250.00 - feet to an iron rod set on the most easterly corner of said Lot 2, being also in the southwesterly boundary line of Lot 4 of said Subdivision, being the most northerly comer hereof, THENCE continuing through the interior of said "Tract One ", with the southwesterly boundary line of said Lot 4, S47'00' 12 "E for a distance of 190.00 -feet to an iron rod set on a point in the northerly right - of-way line of McNeil Road as dedicated by instrument recorded on Volume 1512, Page 737 of the Official Records of said County, same being the southerly boundary line of said "Tract One ", being the most southerly corner of said Lot 4 and the most easterly corner hereof THENCE with the northerly right- of-way line of McNeil Road, same being the southerly boundary line of said "Tract One ", S43 ° 17'31 "W for a disrancc of 340.00 feet to an iron rod set on a point in the easterly right -of -way line of Interstate Highway No. 35, being the most southerly corner of said "Tract One ", same being the most southerly corner hereof; THENCE departing the northerly right -of -way line of McNeil Road, with she easterly right -of -way line of Interstate Highway No. 35, same being the Masterly boundary line of said "Tract One ", N26 "12'04 "W for a &stance of 90.65 -feet to a point of curvature hereof, being 225.00 feet left of Engineer's Centerline Station 1363+44.98; REAL. pR 7 RAVI$ 1 326 l7 Y v TEXAS S 4 34 Page 2 1.573 Acre tract THENCE with the arc of the curing easterly right -or -way line of Lute:state Highway No. 35, same being the westerly boundary lice of said "Tram One',with carve to the right. having a radius of 7.414.39 -feet, a central angle of 0132'26 ", an arc length of 199.36 -fcet and a chord which bears N25 °44'34"1' for a distance of 199.35 -feet to It:e POINT OF B EGIN N1NG and containing 1.578 -acres of land. .ed under the direct supervision of the undersigned. 87 beam fee tyaeQ 11 Jackson Chisholm Date gistered Professional Lind Surveyor No. 4295 raven tween q me, ea m ►a votrre rd Ppe I Pmts W,otry,Ts u VIS C OUN T . TIDA13 Docll 9855727 ft DateSesa 09 -23 -1998 1 ED Time & Reeorded " PM 3157 Official Records NANCY E. t 8 UVOIR COUNTY CLERK COU Y C RK Rec. $ 15.00 TRAVIS t)1/NT R COUNTY OF WILLIAMSSON Th:s km may Ihat this Qom:tent t o FILED awl RECORDED in Me G&W Pubes Records d WDCSnucn County, Texas on the date e,16me ataaled thereon. 9• AD County Clerk Wilttamwn Gamy, Team fEC iFTt: at31?%5 T.td510 x3733 M: Ff!7L R WW1 M.01 fk t.f: H!t'iI FILE I TE: 5/11/38 TF/ DATE: 9 /11/51 H,3 FY: CIECKt 413E CITY CENTRE BUSINESS PARK CAR. P, SL. 303 -304 1 BLOCK A 10T 2 0.96 AC, e• mass . ki PROPERTY TO BE REZONED AUSTIN NATIONAL BANK f % . DOC. /9720173 / %% , 1.57E AC. / 1 ■ 4 i i C— 1 LOT 3 2.953 AC. LOT 6 2. ;50 AC. C - 1 • W.T. SAPPINGTON \1 N01P13E NEVER / 61IIIP. / ;• • L4 5l' / \\ F. PYL \ • / PYLE `\ VOL. 1335 \ \ PO. 490 Cabbages & Kings Rezoning Application Property Within 200 feet of this application: 1. North: C-1, General Commercial 2. South: McNeil Road and Railroad 3. East: C -1, General Commercial 4. West: IH - 35. RECEIVED JAN 2 0 1099 PLANNING O F OUND ROCK • DEPARTMENT Date: March 5, 1999 Subject: City Council Meeting - March 11, 1999 Item: 13.A.4. Consider an ordinance rezoning 1.578 ac from I -1 (Industrial) to C -1 (General Commercial) (Roberts Tract). (First Reading) On February 17,1999, the Planning and Zoning Commission recommended rezoning this tract of land. Applicant: D & S Roberts. Agent: Stendebach & Associates. Staff Resource Person: Joe Vining, Planning Director. Roberts Tract Rezone 1.578 Acres. From 1 -1 to C -1