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Z-00-01-27-12C1 - 1/27/2000THE STATE OF TEXAS COUNTY OF WILLIAMSON § WHEREAS, Pulte Homes of Texas, L.P., a Texas limited partnership, and Wilshire Homes, Inc., Texas corporation (collectively, the "Owner ") are the owners of that real property situated in Williamson County, Texas, which is more particularly described as: WHEREAS, the City of Round Rock, Texas, a home -rule city, and the Owner have agreed that the Property should be impressed with certain covenants and restrictions running with the land and desire to set forth such agreement in writing; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner agrees as follows, which agreement will be deemed as a covenant running with the land comprising the Property and be binding on the Owner, its successors and assigns. 2. a. A maximum of 25% of the single - family lots subdivided out of the Property may be 50 feet wide. b. The limitation contained in subparagraph a notwithstanding, for every lot out of the Property that contains 10,000 square feet or more, the Owner will be entitled to an additional one and one -half 50 -foot wide lots. In other words, if the Owner develops two 10,000 square foot lots, then the Owner will be entitled to three 50 -foot wide lots in addition to the 25% permitted under subparagraph a. 3. If any person or entity violates or attempts to violate the foregoing agreement and covenant, the City of Round Rock or its successors and assigns may prosecute proceedings at law or in equity against the person or entity violating or attempting to violate this agreement and covenant and may enjoin that person or entity from violating or attempting to violate this covenant. 73011.1/011200 : { �i 2000049290 5 ie s r14 / -ft- RESTRICTIVE COVENANT ZONING CASE NO. That part of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, being a part of that certain 60.8766 acre tract described in Volume 2064, Page 380 of the Official Records of Williamson County, Texas, and part of that certain 135.7535 acre tract described in Volume 2907, Page 187 of the Official Records of Williamson County, Texas, and part of that 193.12 acre tract described in Volume 2064, Page 370 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds on the attached Exhibit "A" (the "Property "); and 1. A maximum of 900 single - family lots may be subdivided out of the Property. 4. if any part or provision of this agreement and the covenant herein contained is declared invalid, by judgment or court order, that invalidity will not affect any of the other provisions of this agreement, and the remaining portion of this agreement will remain in full force and effect. 5. Any failure of the City of Round Rock, its successors and assigns to enforce this agreement and the covenant contained herein, whether the violations are known or not, will not constitute a waiver or estoppel of the City's right to do so. 6. This agreement may be modified, amended or terminated only by joint action of both (a) a majority of the members of the City Council of the City of Round Rock, or such other governing body as may succeed the City Council of the City of Round Rock, and (b) the owners of the Property at the time of the modification, amendment or termination. 7. This agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instalment. 73011.1 /011200 EXECUTED this ta day of THE STATE OR TEXAS § COUNTY OF U-73, § MELINDA A. BELL Notary Public, Tema M Exre� APRIL 19, 2001 2000. PULTT OMES OF TEXAS, L.P., a Texas limited partnership By: Pulte Nevada I, Inc., a Nevada corporation, General Partner -2- By?.l % %'�'" g 1 b Richard L. Strom, Regional President Notary Public Signature This instrument was acknowledged before me on the kaiktlny of 2000, by Richard L. Strom, Regional President of Pulte Nevada 1, Inc., a Nevada corporation, eral Partner of Pulte Homes of Texas, L.P., a Texas limited partnership, on behalf of the corporation and the partnership. Y`1c4,�RwQ. (�a01" PO ' d SN I Ad I-Alind 01 OJC91ri20Btl 14021d OS:7T 6962- ET-NHf .bed = S'V11V0l3WOH 3llfld < 896ZBLb 114dCo: 0 /Z1 /L = PenTeO u THE STATE OF TEXAS COUNTY OF Travt This instrument was acknowledged before me on the / a.day of , 2000, by James Edward Horned, President of Wilshire Homes, Inc., a Texas corporation, on ehalf of the corporation. AFTER RECORDING RETURN TO: Joe DiQuinzio JadCo Development, Inc. P. O. Box 685229 Austin, Texas 78768 -5229 73011.1/011200 WILSHIRE HOMES, INC., a Texas corporation -3- By: L �� Notary Public Signature Edward Home, President TIRT PART OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297. IN WILLIAMSON COUNTY, TEXAS. BEING A PART OF THAT CERTAIN 60.8766 ACRE TRACT DESCRIBED IN VOLUME 2064, PAGE 380 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS, AND PART OF 11 TAT CERTAIN 135.7535 ACRE TRACT DESCRIBED IN VOLUME 2907. PAGE 187 OF THE OFFICIAI. RECORDS OF WILLIAMSON COUNTY, TEXAS. AND PART OF THAT 193.12 ACRE TRACT DESCRIBED IN VOLUME 2064. ?AGE 370 OF THE OFFICLAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND HEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTI MAST CORNER OF''THE SAID P. A. HOLDER SURVEY, ABSTRACT NO. 297: THENCE N.01 °02'52 "W., 16.11 FF.ET TO 71 {E SCUT' [EAST CORNER OF THE.. SAID 135.7535 ACRE TRACT: THENCE CONTINUE N.01°02•52 "W., ALONG SAID EAST LINE, 588.13 FEET TO THE POINT OF BEGINNING; THENCE CROSSING THE SAID 135.7535 ACRE TRACT T1IE FOLLOWING THREE (3) COURSES: L N.89 "W., 915.78 FEET; 2. N.35 ° 10'00"W., 12121 FEET; 3. N.25 °50100"W., 17.00 FEET TO T3TE SOUTH LINE OF THAT 40.00 ACRE TRACT DEEDED TO THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT AS DESCRIBED IN DOCUMENT NO. 9658759 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE ALONG THE SOUTH. EAST AND NORTH LINES OF THE SAID 40.00 ACRE TRACT THE FOLLOWING COURSES. 1. N.90°00'00"E, 890.79 FEET; 2. N.01 "02'S2"W� 712.18 FEET; 3. N.01 °00'00"W., 372.13 FEET; 4. N.90 "W„ 1818.29 FEET TO THE EAST RIGHT OF WAY LINE OF RUSK ROAD AS DESCRIBED TN AGREEMENT 7Q111EDICATE RIGHT OF WAY RECORDED IN VOLUME 2110. PAGE 653 OF THE OFFIC AL RECORDS OF WILLIAMSON COUNTY; THENCE V.00°00 2617.62 FEET TO THE SOUTH LINE OF THE SAID 193.12 ACRE TRACT; THENCE ALONG THE SOUTH LINE OF THE SAID 193.12 ACRE TRACT THE FOLLOWING COURSES: 1. N.S9 47.29 FEET; 2, N.89'497.4 "W'., 1325.82 Fhhl; THENCE N. 13°55' 13" W., CROSSING THE SAID 193.12 ACRE TRACT 170733 FEET TO THE NORTH LINE OF THE SAID 193.12 ACRE TRACT AND THE CENTERLINE OF BRUSHY CREEK. THENCE ALONG THE SAID NORTH LINE OF THE 193.12 ACRE TRACT AND THE CENTERLINE OF BRUSHY CREEK THE FOLLOWING COURSES: 1 RECORDERS MEMORANDUM All or pans of the text on this page was not clearly legible for satisfactory recordation. 1. N. ° 26'55 "E., 239.81 FEET; 2 N.58 °2315 "F., 546.02 FEET: 3. N.71 °50 151.62 FEET: 4. N.69'54'17 "E., 351.03 FEET; 5. N.85'3 1'06 "E.. 200.01 FEET; 6. N_83' I3'24'E., 301.01 FEET: 7. N.44'3 746 "E., 256.97 FEET; • S. N.42'5' P09 383.48 FEET: P. N.56"46'06 "E., 144.42 FEET; 10. N.64 ° 17'39 "E., 477.60 FEET; 11. N.54`2033 "E., 330.70 FEET; THENCE LEAVING THE SAID CENTER LINE OF BRUSHY CREEK AND ALONG THE EAST LINE OF THE SAID 193.12 ACRE TRACT THE FOLLOWING COURSES: 1. S.12"02'46 "E., 255.85 FEET; 2. S.01 '3619"E., 900.15 FEET; 3. 5.43°12'19"E._ 430.82 FEET; 4. S.0 t ° 57'06 "E., 319.56 FEET; 5. 5.00 °0'12"W ., 614.05 FEET; 6. S.00"00'59 "E., 433.41 FEET; 7. 5.00 ° 54'45"E., 381.44 FEET; 8. S.01 °08'16"£., 249.76 FEET TO THE. NORTI1 LINE OF THE SAID 60.8766 ACRE TRACT; THENCE S.89 3739"E., ALONG SAID NORTH LINE, 208.27 FEET TO THE NORTHEAST CORNER OF THE SAID 60.8766 ACRE TRACT; THENCE ALONG THE EAST LINE OF THE SAID 60.8766 ACRE TRACT AND THE EAST LINE OF THE 135.7535 ACRE TRACT THE FOLLOWING COURSES: 1- S.00 "E_ 1426.33 FEET; 2 5.01°00'00 "E., 1551.79 FEET; 3. 5.01 "E., 833.17 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 29424 ACRES. MORE OR LESS. •9 -/.4 -49 DE. LUCAS DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4160 STATE OF TEXAS RANDALL JONES ENGINEERING, INC. 1212 EAST SHAKER LANE AUSTIN, TEXAS 78753 FILE: 624-SF-RENT FILED AND RECORDED - RECORDERS MEMORANDUM All or parts of the text on this page was no clearly legible for satisfactory recordation. THIS DESCRIPTION WAS PREPARED FROM DEEDS OF RECORD AND DOES NOT PURPORT TO BE AN ON- THE - GROUND SURVEY. OFFICIAL PUBLIC RECORDS 07 -28 -2000 04:01 PM 2000049298 NANCY E. RISTER�,COUNTY CLERK WILLIAMSON COUNTY, TEXAS SUE BROOKS LITTLEFIEW (512) 435-2307 sdltlefleld11abdlaw.com VIA FACSIMILE (5121255 -8986 AND HAND DELIVERY Steven Sheets Brown McCarroll Sheets & Crossfield 309 East Main Street Round Rock, Texas 78664 -5246 Dear Steve: cc (with enclosure): Tom Nielson Joe DiQuinzio 73155.1/011300 RE: Rusk Tract Zoning ARMBRUST BROWN & DAVIS, L.L.P. ATTORNEYS AND COUNSELORS 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEAS 78201•402 (812) 435-2300 TELECOPIER(012) 401 -2300 January 13, 2000 Sincerely, By: Sue Brooks Littlefield Pursuant to our telephone conversations of yesterday, I am enclosing an original restrictive covenant ("Covenant") limiting the maximum number of lots and the size of the lots to be permitted on the "Rusk Tract ", the zoning for which tract is scheduled to be considered by the Round Rock City Council at its meeting tonight. You requested that this original Covenant be delivered to you prior to City Council action on the zoning request; therefore, I am delivering it to you in trust, with the understanding that you will not release it or record it unless the City Council approves the pending SF -2 zoning request for the Rusk Tract with no conditions other than those contained in the Covenant If the City Council does not approve the SF -2 zoning, or if it imposes any conditions on the zoning other than those contained in the enclosed Covenant, you must return the original Covenant to me unless you receive a further written approval of the change or condition from me. As always, I appreciate your assistance. Please let me know if you have any questions or further requirements. ARMBRUST BROWN & DAVIS, L.L.P. gitCdrigtkict R:\ WPDOCS \OHDINANC \000113C2. /Bc ORDINANCE NO. Z"QO- Ol'c2 t 7 /2c / 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 294.24 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, AND THE SAMUEL L. JENKINS SURVEY, ABSTRACT NO. 347, 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 294.24 acres of land out of the P.A. Holder Survey, Abstract No. 297, the Joseph Marshall Survey, Abstract No. 409, and the Samuel L. Jenkins Survey, Abstract No. 347, 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 5th day of October, 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 13th day of January, 2000, 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 2. described in Exhibit "A" is hereafter designated as District SF -2 (Single Family- Standard Lot). 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. READ, PASSED, and ADOPTED on first reading this day of , 2000. 3. Alternative 2. READ and APPROVED on first reading this the /3 day of O h LA 2000. r READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , City Secretary , 2000. i t , BERT A. STLU JR., Mayor City of Round Rock, Texas 4. FIELD NOTES FOR RUSK TRACT SINGLE FAMILY AREA - (TRACT 1) THAT PART OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THAT CERTAIN 60.8766 ACRE TRACT DESCRIBED IN VOLUME 2064, PAGE 380 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. AND PART OF THAT CERTAIN 135.7535 ACRE TRACT DESCRIBED IN VOLUME 2907, PAGE 187 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND PART OF THAT 193.12 ACRE TRACT DESCRIBED IN VOLUME 2064, PAGE 370 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SAID P. A. HOLDER SURVEY, ABSTRACT NO. 297; THENCE N.0I °02'52 "W., 16.11 FEET TO THE SOUTHEAST CORNER OF THE SAID 135.7535 ACRE TRACT; I HENCE CONTINUE N.01 °02'52 "W., ALONG SAID EAST LINE, 588.13 FEET TO THE POINT OF BEGINNING; THENCE CROSSING THE SAID 135.7535 ACRE TRACT THE FOLLOWING THREE (3) COURSES: 1. N.89°42'00 "W., 915.78 FEET; 2. N.35 °10'00 "W., 12121 FEET; 3. N25 ° 50'00 "W., 17.00 FEET TO THE SOUTH LINE OF THAT 40.00 ACRE TRACT DEEDED TO THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT AS DESCRIBED IN DOCUMENT NO. 9658759 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; THENCE ALONG THE SOUTH, EAST AND NORTH LINES OF THE SAID 40.00 ACRE TRACT THE FOLLOWING COURSES: 1. N.90 °00'00 "E., 890.79 FEET; 2. N.01 °02'52 "W., 712.18 FEET; 3. N.01 °00'00 "W., 372.13 FEET; 4. N.90 °00'00 "W., 181829 FEET TO THE EAST RIGHT OF WAY LINE OF RUSK ROAD AS DESCRIBED IN AGREEMENT TO DEDICATE RIGHT OF WAY RECORDED IN VOLUME 2110, PAGE 653 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY; THENCE N.00 ° 00'00 "W., 2617.62 FEET TO THE SOUTH LINE OF THE SAID 193.12 ACRE TRACT; THENCE ALONG THE SOUTH LINE OF THE SAID 193.12 ACRE TRACT THE FOLLOWING COURSES: 1. N.89 "W.,47.29 FEET; 2. N.89 ° 4924 "W., 1325.82 FEET; THENCE N.13 °55' 13 "W., CROSSING THE SAID 193.12 ACRE TRACT 1707.53 FEET TO THE NORTH LINE OF THE SAID 193.12 ACRE TRACT AND THE CENTERLINE OF BRUSHY CREEK; THENCE ALONG THE SAID NORTH LINE OF THE 193.12 ACRE TRACT AND THE CENTERLINE OF BRUSHY CREEK THE FOLLOWING COURSES: 1 FIELD NOTES FOR RUSK TRACT SINGLE FAMILY AREA: I. N.70 °26'55 "E., 239.81 FEET; 2. N.58°23'15 "E., 546.02 FEET; 3. N.71 °50'22 "E., 151.62 FEET; 4. N.69 °54'17 "E., 351.03 FEET; 5. N.85 °31'06 "E., 200.01 FEET; 6. N.83 ° 13'24 "E., 301.01 FEET; 7. N.44 ° 37'46 "E., 256.97 FEET; 8. N.42°5 I '09"E., 383.48 FEET; 9. N.56 ° 46'06 "E., 144.42 FEET; 10. N.64 ° 17'39 "E., 477.60 FEET; 11. N.54°20'33 "E., 330.70 FEET; THENCE LEAVING THE SAID CENTERLINE OF BRUSHY CREEK AND ALONG THE EAST LINE OF THE SAID 193.12 ACRE TRACT THE FOLLOWING COURSES: 1. S.12 ° 02'46 "E., 255.85 FEET; 2. S.01 ° 36'39 "E., 900.15 FEET; 3. S.83 °12'19 "E., 430.82 FEET; 4. S.01 ° 57'06 "E., 319.56 FEET; 5. S.00 ° 00'12 "W., 614.05 FEET; 6. S.00 ° 00'59 "E., 433.41 FEET; 7. S.00 ° 54'45 "E., 381.48 FEET; 8. S.0I °08'16 "E., 249.76 FEET TO THE NORTH LINE OF THE SAID 60.8766 ACRE TRACT; THENCE S.89 °3719 "E., ALONG SAID NORTH LINE, 208.27 FEET TO THE NORTHEAST CORNER OF THE SAID 60.8766 ACRE TRACT; THENCE ALONG THE EAST LINE OF THE SAID 60.8766 ACRE TRACT AND THE EAST LINE OF THE 135.7535 ACRE TRACT THE FOLLOWING COURSES: 1. S.00 ° 49'43 "E., 1426.33 FEET; 2. S.01 ° 00'00 "E., 1551.79 FEET; 3. S.01 ° 02'52 "E., 833.17 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 294.24 ACRES, MORE OR LESS. THIS DESCRIPTION WAS PREPARED FROM DEEDS OF RECORD AND DOES NOT PURPORT TO BE AN ON- THE - GROUND SURVEY. 9 - i4 -99 RGEE.LUCAS DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4160 STATE OF TEXAS RANDALL JONES ENGINEERING, INC. 1212 EAST BRAKER LANE AUSTIN, TEXAS 78753 FILE: 624 -SF -REV 2 exi.“ BIT SKETCH TO ACCOMPANY FIELD NOTES ��77 O uurr n ct�S'4 ci �i N89 49 24 "W 1325.82' 40.0 ACRES ROUND ROCK 1NDEF4 NDENT SCHOOL DISTRICT J DOCUMENT NO. 9658759 of N tl� N8951 07 "W ,-47.29' N.. Na 1 ® .- U 208.27-" R v ^m O 5893739 E O 3 -, N ly A gw4 j P N ct 2 N9000'00 "W 1818.29' N0100 00 "W 372.13 i c 2 RANDALL JONES ENGINEERING, INC. w W a to } O� Np c. 583 77'19E 319.56' 5015706E 614.05' 500'00721Y 433.41' SO0790 59 E 381.48' 5 0054 45E ?49.76' 501 08'16 E -9 7235' 500 4943 E - 4 53.98' 500.49 43E 1551.79' 5010000E \\N01 V2'52 - W 712.18' - N9000'00 E 890.797 �5010252 E 833.17' N2550'00 ° W 1700 P08 915.78' N357 0'00"W 121.21' N89 42'00 "W A6pMWAC MOTa� X588.13' NO1102'521W ILCIA 2607. PA4 NO102'52 "W GATTIS SCHOOL ROAD L SE CORNER OF PA HOLDER SURVE' DATE: SEPT. 13, 1999 SCALE: r=1000' 1000' ENGINEERING PLANNING SURVEYING 1212 E. BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -479 Date: January 21, 2000 Subject: City Council Meeting - January 27, 2000 Item: 12.C.1. Consider an ordinance adopting original zoning District SF -2 (Single Family Standard Lot) on 294.24 acres of land out of the P.A. Holder Survey, A -297, Joseph Marshall Survey, A-409, and Sam L. Jenkins Survey, A -347 (Rusk/Sonoma Tract I). (Second Reading) The proposed zoning complies with the adopted General plan. On October 5, 1999 the Planning and Zoning Commission recommended adoption of original zoning District SF -2. The first reading of the ordinance was approved January 13, 2000. Applicant: Pulte Home Corporation, c/o JADCO Development, Inc. Agent: Randall Jones Engineering, Inc. Staff resource person: Joe Vining, Planning Director. Rusk Tract I Original Zoning 8F•2