Z-99-09-09-9B5 - 9/9/1999R: \WPDOCS \ORDINANC \090909P5 .WPD /acg
ORDINANCE NO. Z- 99-09-0(7- 985
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 ZONE 295.044 ACRES OF
LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT 409,
IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT
SF -2 (SINGLE FAMILY - STANDARD LOT).
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
zone 295.044 acres of land out of the Joseph Marshall Survey,
Abstract 409, in Round Rock, Williamson County, Texas, being more
fully described in Exhibit "A ", attached hereto and incorporated
herein, as District SF -2 (Single Family- Standard Lot), 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 16th day of June,
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 SF -2 (Single Family -
Standard Lot), and
WHEREAS, on the 9th day of September, 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:
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 SF -2
(Single Family - Standard Lot).
2.
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.
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.
tiad
READ, PASSED, and ADOPTED on first reading this I day
1999.
3.
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:
E LAND, City Secretary
ROBERT A. STLUKA, R.,
City of Round Rock, Texas
4.
Mayor
t•
THE STATE OF TEXAS
KNOW ALL HEN BY THESE PRESENT'S:
COUNTY OP WILLIAMSON 1 •
4153
THAT L Beret Werkeothin, of Travis County, Texas, not be-
ing joined•hereia by my.w1fe for the r ea eon that the property herein
conveyed .00.11natea no part of my or our homestead, for and in.. con-
•ideration of thi •um of Ten ($10.00).Dollar% and other good and eteL - _
ficient cash consideration to me in hand paid by the Grantee herein-
after named, the roonipt of which i• hereby acknowledrld'and confis.ed
and for the piymanr oIsrMch ne right or lien, express or irnplled le
retained; and the further consideration of the sum of For ty.Five Thor-
aaad (945,000.001 Dotiar• secured to be in accordance with one
.• certain promissory purchase mopey note of even date herewith executed
, by the g herein,payable at grantor'• request to the order of the
Capital National Bank in Austin, Texas, Trustee, at Austin. Tone.,
which said -note - bear• In from date is therein provided and is
payable in monthly ln.tallrnent. of Three Hundred Eighty (9360.•00) Dol-
lar'• per month including principal and interest at .ix (6y) per cent per -
annum with the first such payment being due on the 3r4 day of February,
1964, with a like installment on the 3rd day of each month thereafter.
until the 3rd day of Jano 1974, at wbtcn date said note; including
all principal and interest net then paid shall be paid In full and which
.aid note 1. further secured by a deed of trust of even date hereof to
Herbert S. Balm. Truetee;
: 'GRANrEl), SOLD and CONVEYED, and by there presents
do GRANT, SELL and CONVEY, unto J. Lawrence Berkman of Travis
County, Teta., all that certain lot, tract or parcel of.land ying•sod— — �' -
being situated in Wtlliam•en County. Texas, known and described •
fellow•:
HEII4G 715 In Williamson' County. Taxa.,
—' 207 43 acree tui Joseph ).Gr.Aall Survey, ' Abet.
- 1
the _ Jenkins Survey,
Abet 1147 aad_32. of the P.A. Holder
5urve7'. Abst._ 8297, sod being all.o( the tract of 317:9-seres'de•-
eribed as SECOND TRACT in a deed from R. R. Stoney, et us. to
C R. L..edtke, doted January 21, 1942., of record is Vol. 312,
page 152. Deed Reeord•, Wllliam•on County, Tena•, facept a 2.
acres lying within public road• bordering' etas erect.
83. 0,,MNCi at an iron, •take est beside a fence Corner po at in the, North.
R O w line of a p aved County road, In the We•( line of the 3enkin• Sur.
vey, and in. the ES•t line of the P. A. Holder Survey, North about 7
.arc from the SE corner of .amc.
' THENCE N 1 deg. 10' W with an old_ fence along tj.e West line of the•
<nkin• Survey, at about 430 yore@ pas. the NW Corner of the Jeakia•
s or._.
Survey. and the SW corner of the Marshall Survey, in all 1584 varas
(4400 feet) to met an iron stake beside a fence corner poet.
THENCE•3 89 degr " -45' W with an old fence'75; 24 v 1209 feet). to
s<) an iron •take beside a fence corner poet.
•
.THENCE 54 1 deg. W wall an old fence, at 143 .arcs cross a dry brancb
to all 718.92 varas (1997 lest) to met an iron stake beside a fence corner
post.-
THENCE N 83 deg.' 30' W with a fence, 155.16 (431 feet) to set
an iron make beside a fence corner post.
THENCE N 4 deg. 15' W with a fence, at 323 ram fence turns and
__evnr -abaos N 1 2 dtg W to the river bank, continue •la a straight line,
at 396.3 varar ser.••an iron stake In a fence on the South bank of Brushy
Creek, in all 427.68 , (1188 feet) to a point in the center of Brushy
Creek, the NW corner of the 317.9 acre tract,
THENCE down the center of the channel'o( the creek as fellow.: N 49
deg. 30' E..2 n. 32. vara• (587 fees); N 5 deg.. 50' W 153 (425 feet),
N 35 deg. W 36.72 yarns (102. feet), and N 46 deg. E 132.12 varas
(367 feet) to a point for the NE corner of this tract,
THENCE 5 28 deg. E with a fence which ero•ses the creek, 32.4 warns
(90 feet) to sat an. iron stake agalnat the West edge of • 26 inch Pecan
tree. •
•
THENCE with the meanders of a crooked fence through the creek bottom
timber as follows; 5 4 deg. V( 108 varas (300 (cell, 5 1 deg. 30' W 80
varas (222.2 (set),. to • fence corner post at the ace of a hill'. '
a •
THENCE S 3 deg. W with a fence 136.08 varas (378 feet) to a bend in
the tencp. __. . ..- ' • ... --
THENCE S 1 deg. E with an old fence, at 36 varas pass • fence corner,
in all 430.02 (119 feet) to set an iron stake beside a fence cor-
ner post, .the corder describOd at the end of the third call above stands
540 deg. W 95:76 vat*: (266 feet)• _._.
THENCE 5 33 deg. 20' E with an old fence. 1421.64 vara• (3909 feet)
to set an iro s stake beside a fence e. ever post. . _
THENCE S 0 deg. 30' E with an old :enc.. 818.64 varas (2274 :set) to
•et alt iron- -v:ak• beside a fence corn:i poet•
THENCE -N = deg_ 50' E with an old teneeitong or neir the" South . _ -
line of the Ma: shah 5isrvey, and the Korth line of the Jenkins Survey,
•
2 .
309.6 J1/60 fNt t o sue. °�pke tie dd., a t.nee - _�
;HENCE. S 1 deg. 10' E with the fence l00 along oho West line of a
' g�av eteA County read, 791.14_. ( 6.5 feet) to set an Iron •tike
near a 1.ec• ` esrei •r poet- ..
THENCE veld; the meanders of a fence- along the North ft 0 w tin. of
the paved 40 foot vide County roat( a• feline/•; N 5-9 deg_ 40' W 101.34
(741.5 (G60, 44 75 deg. 30' W 396.72 (1102 feet) to the
Ea•t gate po•t of as entryway to this property, a 9 inch H B winds 5
-. ,•2 deg 30 9 vara.. —
THENCE •notion• e/fsh the read ]1 ne, S 75 deg. 05' W 504
(1400 feet) and S 59 deg. 30' W 170.64 P tY (474 feet) to the POINT
r
OF BEOB0NIN0, and being the game o er described in • decd
dated October 19. 1962, from C.. lt. Luedtke and wife to grantor. and
being of record Vol. 45S, p. 147, Deed Records of Will amsan County.
Teen.. • _ . •
•
•
• TO HAVE AND 70 HOLD the above described premises together
v;ictt '21I aril elevate, the rights and appurti'l el.ther etc in anywise be,. ..
longing unto the grantee above named. hie heir• or assign• forever. and
1 do h bind myself, my heir., executor. and administrators to war- -
c rane t;ndlfoeever defend all and singular the premise• unto t)(e said gran-
` tee - bit heir. and assigns against every person whomsoever Lawfully claim -
ing or to claim the •aura or. spy part thereof; subject however to ell re
•motions and easements of record applicable to said property.
"-' - "`- But it 1.• expree•1y agreed a• stipul•le4 that the vendor's lien is
retained agatn.t the above described property, premise• and improve
ments.unt1) the indebtedness above mentioned and described, as evidenced '
heY•Tnbefore 'd.scrlbea note, and interest, i• fully paid accord-
e, p
ing to its face and.ten0r, efteet and reading. rho.. this deed shall be- ,
come abeoiute. And�_the.grantor herein, for value received as gfore= ' --
.aid. have and assigned, and by these presence. do hereby
cran•fef and a••ige; :without recourse on me .n any event, unto, the.. e
--Cspt 101 146T6nal Banc in Austin, Texas, Y`r ui•.ie, the vendor 'a lied liatElnr
retained, together w.th all right., equltie• am: superior title thereto s4'
- r
curing the payment of •a.ld note as at •d.
Y
-- WITNESS - day of. ;nu
ary. ••954.
•
L�v G1 tF.t 1. �, •
Bernt'r�erkenthin
T HE ▪ STATE OF T 7CAS
COUNTY OF TRAV 0
BEFORE ME, the ander•igned authority. on this day personally
a ppeared Berns Werkenthin, knoWvii to me to be the person whose name
is subscribed to the foregoing instrument. and acknowledged to me that
he e xeeuted the same for the purposes and consideration therein expressed.
, i tY pu iv EN UNDER MY HAND AND SEAL OF OFFICE this .,�,c/ day
C .of 7aaettarY. 1964.
c / / /.
11 Notary Public. Travis Cofmty, Teals
, �� ;'1'
AUSTIN SURVEYORS
P.O. BOX 180243
AUSTIN, TEXAS 78718
2105 JUSTIN LANE #103
(512) 454 -6605
FIELD NOTES FOR 271.188 ACRES
All that certain tract or parcel of land situated in the P.A. Holder Survey, Abstract No. 297, the
Joseph Marshall Survey, A -409, and the Samuel Jenkins Survey, A -347, in Williamson County,
Texas, being a part of a 315.43 acre tract of land conveyed to J. Lawrence Berkman by deed
recorded in Volume 465, Page 308 of the Deed Records of Williamson County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING in the intersection of the North City Limits line of the City of Round
Rock as set out in Annexation Ordinance #891 and the East line of a 135.7535 acre
tract of land conveyed to Jeff E. Rusk in Volume 2097, Page 187 of the above
mentioned Deed Records and the West line of the above mentioned 315.43 acre tract
for the Southwest comer of this tract from which point the intersection of the East
line of the said 135.7535 acre tract of land and the West line of the above mentioned
315.43 acre tract and the North right- of-way line of Gattis School Road being the
Northwest comer of a 0.914 acre tract of land conveyed to the City of Round Rock
by deed recorded as Document #9546144 of the said Deed Records bears S
03 °25'08" E 418.97 feet
THENCE with the East line of the said 135.7535 acre tract, the East line of a
60.8766 acre tract conveyed to Jeff E. Rusk in Volume 2064, Page 380 of the said
Deed Records, the East line of a I93.12 acre tract conveyed to Jeff E. Rusk in
Volume 2064, Page 370 of the said Deed Records, and the West line of the said
315.43 acre tract for the following eleven (11) courses:
1 N 03 °25'08" W 960.98 feet to an iron pin found for an angle point.
2. N 03 °22'16" W 1551.79 feet to an iron pin found for an angle point.
3. N 03°11'59"W 1426.33 feet to a pinched pipe found for an angle point.
4. S 88 °0T49" W 208.11 feet to an iron pin found for an angle point.
5. N 03 °29'54" W 249.25 feet to an iron pin found for an angle point
6. N 03 °17'03 "W 381.43 feet to an iron pin found for an angle point.
7. N 02 °21'41" W 433.47 feet to an iron pin found for an angle point.
8. N 02°21'15" W 614.05 feet to an iron pin found for an angle point
9. N 04°16'32" W 319.49 feet to a fence post found for an angle point.
10. N 85 °33'27" W 431.02 feet to an iron pin found for an angle point.
11. N 03 °58'06" W 900.15 feet to an iron pin found for an angle point.
12. N 14 °24'13" W 255.85 feet to a point in the canter of Brushy Creek for the
Northeast comer of the said 193.12 acre tract and the Northwest corner of the
said 315.43 acre tract for the Northwest comer of this tract.
THENCE down the approximate centerline of Brushy Creek for the following eight
(8) courses:
1. N 18 °58'41" E 166.28 feet
2. N 68 °01'37" E 179.57 feet
3. N 52 °15'53" E 272.70 feet
4. N 08 °39'35" E 243.91 feet
5. N 05 °25'56" W 372.25 feet
6. N 83 °38'40" E 185.27 feet
7. N 03 °24'58"W 137.34 feet
8. N 14 °44'16" E 42.06 feet to the Northeast comer of the said 315.43 acre tract
and the Northwest corner of a 317.966 acre tract described in a boundary line
agreement recorded in Volume 2453, Page 437 of the said Deed Records for the
Northeast comer of this tract.
THENCE with the said boundary line agreement for the following seven (7)
courses:
1. S 30 °20'40" E 90.00 feet to an iron pin set at a 24" Pecan tree
2. S 00 °4721" W 501.06 feet to a 40d nail found for an angle point
3. S 01 °12'13" W 396.14 fat to an iron pin set at a fence post
4. S 03 °04'52" E 1197.00 feet to a pinched pipe found for an angle point.
5. S 40 °30'10" E 3945.86 fat to an iron pipe found for an angle point.
6. S 02 °36'12" E 761.32 feet to an iron pill found in the Southwest corenr of a
14.595 acre tract of land conveyed to Parker -I @rby Ltd. By deed recorded as
Document #9737666 and the Northwest corner of Lot 1 in Highland Terrace, an
unrecorded subdivision, for an angle point of this tract.
271.189 acres SHEET 2 OF 2
THENCE S 02 °43'20" E 752.73 feet to an iron pin found in the Northwest comer
of the Lot 7 if Highland Terrace for an angle point of this tract.
THENCE S 02 °31'25" E 503.72 feet to an iron pin found in the Northwest corner
of Lot 11 of Highland Terrace for an angle point of this tract
THENCE S 02°28'10" E 254.60 feet to an iron pin found in the Southwest corner
of Lot 11 of Highland Terrace for an angle point of this tract
THENCE S 02°30'19" E 524.74 feet to a point on the above mentioned annexation
line for the Southeast comer of this tract.
THENCE with the said annexation line for the following four (4) courses:
1. N 79 °30'22" W 550.19 feet to an angle point.
2. S 72°30'03" W 1015.51 feet to an angle point.
3. S 73°26'21" W 395.11 feet to a fence post found for an angle point.
4. S 87 °28'55" W 424.57 feet to the POINT OF BEGINNING, containing
271.188 acres of land, more or less.
I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field
notes accurately represent the results of an on -the- ground survey marki under my supervision during
May of 1999and are correct to the best of my knowledge and belief
Claude F. Hinkle, Jr.
R.P.L.S. No. 4629
G -z - 9f
Date 950
All that certain tract or parcel of land situated in the Samuel Jenkins Survey, A -347, in Williamson
County, Texas, being a part of a 315.43 acre tract of land conveyed to J. Lawrence Berkman by
deed recorded in Volume 465, Page 308 of the Deed Records of Williamson County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found on the West line of County Road 4122, in the
Southeast corner of Lot 12 of Highland Terrace, an unrecorded subdivision, for the
Northeast comer of this tract.
THENCE S 03 °00'54" E with the West line of the said County Road 4122
701.60 feet to a fence post found in the Northeast corner of a 0.948 acre tract
conveyed to the City of Round Rock by deed recorded as Document 49546144 of
the said Deed Records for an angle point of this tract.
THENCE S 87 °26'04" W 24.57 feet to a fence post found in an angle point of the
said 0.948 acre tract for an angle point of this tract.
THENCE S 02 °33'56" E 310.00 feet to a fence post found for an angle point of the
said 0.948 acre tract and an angle point of this tract.
THENE S 42 °56'06" W 56.07 feet to a fence post found on the North line of
Gattis School Road for the Southeast corner of this tract.
THENCE N 88 °57'45" W with the North line of Gattis School Road 206.72 feet
to a fence post found for an angle point of this tract.
THENCE N 84°02'12" W with the North line of Gattis School Road 216.14 feet to
a fence post found for an angle point of this tract.
THENCE N 81 °31'08" W with the North line of Gattis School Road 338.36 feet to
a fence post found for an angle point of this tract.
THENCE N 87 °48'18" W with the North line of Gattis School Road 48.94 feet to
an iron pin set for the Southwest comer of this tract.
THENCE N 02 °30'19" W 941.77 feet to an iron pin found in the Southwest comer
of Lot 11 of Highland Terrace for the Northwest corner of this tract.
THENCE N 87 °45'25" E 859.00 feet the POINT OF BEGINNING, containing
19.768 acres of land, more or Tess.
I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field
notes accurately represent the results of an on- the -ground survey made under my supervision during
May of 1999and are correct to the best of my knowledge and belief.
AUSTIN SURVEYORS
P.O. DOX 1Se243
AUSTIN, TEXAS 797!3
2105 JUSTIN LANE #103
(512) 45465115
FIELD NOTES FOR 19.768 ACRES
•
Claude F. Hinkle, Ir.
R.P.L.S. No. 4629
er41
Date
Subject: City Council Meeting - September 9,1999
Date: September 2,1999
Item:
9.B.5 Consider an ordinance to adopt original zoning of SF -2 (Single
Family Standard Lot) on 295.004 acres of land out of the Joseph
Marshall Survey, A -409, (Berkman Tract: Lake Forest). (Second-6251
Reading) This 295 -acre is proposed for single - family
development. The proposed land use complies with the
General Plan requirements. Applicant: LaTrelle Berkman
Peterson, John Russell Peterson, Kristin C. Peterson. Agent:
Stendebach and Associates. Staff Resource Person: Joe Vining,
Planning Director.
Peterson Tract AnnexationlOriginal Zoning
295.004 Acres to 5F•2