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Z-04-03-25-13D1 - 3/25/2004and @P FDeskeop\:: ODNA/ WORLDOX/ O: /WDOX /ORDSNANC /04D212A]..WPD /sc ORDINANCE NO. Z — 04 "03 '/ 3 1 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 4.86 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO DISTRICT PF (PUBLIC FACILITY). 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 4.86 acres of land out, more or less, of the Ephraim Evans Survey, Abstract No. 212, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, from Planned Unit Development (PUD) District to District PF (Public Facility), 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 14th day of January, 2004, 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 PF (Public Facility), WHEREAS, on the 12th day of February, 2004, 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 and Section 11.400, 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: I. That the Official Zoning Map adopted in Section 11.401(2)(a), 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 PF (Public Facility). 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 orprovisions- 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. 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 , 2004. Alternative 2. tI1 READ APPROVED on first reading this the '0 J day of LI) 1 C I , 2004. READ, APPROVED , and ( ADOPTED on second reading this the 4t t k day of ` �)1� , 0 , 2004. T: CHRISTINE R. MARTINEZ, City Secreta NY otr, EL , Ma .r City of Round Rock, Texas 3. y "EXHIBIT A" 4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 36.48 ACRES, SAVE AND EXCEPT 9.12 ACRES. GRANTED TO PERRY O. MAYFIELD, DATED JUNE 14, 1991 AND RECORDED IN VOLUME 2027, PAGE 763, OFFICIAL RECORDS WILLIAMSON COUNTY. TEXAS. AND 2.46 ACRES OUT OF THE EPHRAIN EVANS SURVEY. ABSTACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 1437.45 ACRES. GRANTED TO TOM E. NELSON, JR. TRUSTEE #1. DATED JUNE 25, 1973 AND RECORDED IN VOLUME 571, PAGE 446. DEED RECORDS TRAVIS COUNTY. TEXAS. E VANS SiJR I/ A S RA P IEL (FOR 4.86 & 2.46 ACRE TRACTS) NAIL SET IN ROCK CN SRCH ,1 o\O \ IPS SCALE 1" = 200' BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) N AD83. ENTRYWAY, 37 LANDSCAPING, & SIGN EASEMENT #2002096420 SIDEWALK EASEMENT ip• #2003022821 4, PK NAIL FOUND nv wi All CPT 1/ FIELD NOTES JOB NO: 3- 0417_ CHURCH_OF_CHRIST_1431 /DOCUMENTS /METES &BOUNDS /EX3_121103 DATE: DECEMBER 11, 2003 PAGE: 2 OF 3 (EXHIBIT ATTACHED) 4.86 ACRES All that certain tract or parcel of land situated in Williamson County, Texas, out of the Ephraim Evans Survey, Abstract No. 212 and being a portion of that tract described as an undivided one - half (1/2) interest in and to: 36.48 acres, save and except 9.12 acres in a Special Warranty Deed granted to Perry O. Mayfield, dated June 14, 1991 and recoiled in Volume 2027, Page 763, Official Records of Williamson County, Texas and further described by metes and bounds as follows: BEGINNING at nail set in rock in the south line of that tract described as 21.331 acres (Tract 4) in a Warranty Deed granted to MDSR GP, INC., dated April 15, 2002, and recorded as Document No. 2002028839 of said official records for the northeast comer of this tract, a %" iron pin set with a yellow plastic cap inscribed "CCC 4835" bears N 70 °19'51" E 2.50 feet for the southeast corner of said MDSR GP, INC. tract; THENCE: S 20 °57'47" E 849.52 feet to a pk nail set in the north Tine of F.M. 1431 for the southeast comer of this tract; THENCE: S 70 °20'32" W 249,29 feet with the north line of said F.M. 1431 to a'/ :" iron pin with a yellow plastic cap inscribed "CCC 4835" set for the southeast comer of that tract described as Lot 1, Block "A ", Westside Church of Christ Final Plat, as recorded in Cabinet N, Slides 132 -133, Plat Records of Williamson County, Texas and the southwest comer of said Mayfield tract and this tract; THENCE: N 20 °57'47" W 849.79 feet with the east line of said Westside Church of Christ tract to a 1r ;" iron pin found in the south line of said MDSR GP, INC. tract for the northeast comer of said Westside Church of Christ tract and the northwest comer of this tract; THENCE: N 70 °24'16" E 249.30 feet with the south line of said MDSR GP, INC. tract to the point of Beginning and containing 4.86 acres of land. Bearings based on Texas State Plane Coordinate System (Central Zone) NAD 83(93). Castleberry Surveying, Ltd. 203 South IH 35, Suite 101C Georgetown, Texas 78628 Westside Church of Christ - Mayfield Tract Rezoning from PUD to PF DATE: SUBJECT: ITEM: Outside Resources: March 19, 2004 Background Information: City Council Meeting - March 25, 2004 13.D.1. Consider an ordinance rezoning 4.86 acres of land from District PUD (Planned Unit Development) to District PF (Public Facility). (Westside Church of Christ) (Second Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: The Westside Church of Christ acquired this 4.86 acres subject tract, which was not included in the approved rezoning of November 25, 2003. The tract is intended to provide access to Mayfield Ranch Boulevard and to accommodate future Church uses. Staff recommends the zoning be approved so long as the restrictive covenant currently recorded with the County be amended to include the subject tract. The covenant restricts the uses on the tract to church uses only and restricts total square footage (for all tracts of the Westside Church of Christ) to 27,500 square feet. Funding: Cost: N/A Source of Funds: N/A Perry O. Mayfield Estate, c/o Patricia G. Green This tract is north of FM 1431, east of the current Westside Church of Christ, and west of Mayfield Ranch Boulevard. On November 25, 2003, City Council approved the rezoning of the Westside Church of Christ to PF (Public Facilities). As previously discussed with the Council, the zoning ordinance requires church facilities in excess of 2,500 square feet of accessory uses to be zoned PF (public facilities). The intent behind this regulation is to ensure greater compatibility between large church complexes and adjacent residential uses. The church's location along FM 1431, a major arterial, qualifies the tract for Public Facilities zoning. The Council also reviewed and approved a restrictive covenant to limit Church uses to a total of 27,500 square feet. Should the Church wish to expand beyond the agreed 27,500 square feet, then a City approved Traffic Impact Analysis would be required. Public Comment: Public notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. Westside Church of Christ Mayfield Tract 03 -028 -Z REQUEST: Approval of the zoning change from PUD 23 to PF (Public Facilities) district zoning. HISTORY: ADJACENT LAND USE: STAFF COMMENTS: Planner: Susan Brennan This tract was originally zoned PUD 23 in December 1995. The and use approved for this tract was campus business park as outlined in PUD 23. DATE OF REVIEW: 1/14/04 OWNER: Perry O. Mayfield Estate, co/ Patricia G. Green CONSULTING ENGINEER: Fisher Hagood DESCRIPTION: 4.86 acres, Ephraim Evans Survey, Abstract #212 PRESENT ZONING: PUD 23 PRESENT LAND USE: Vacant LOCATION: North of FM 1431, east of the current Westside Church existing property, and west of Mayfield Boulevard. North: Residential (Vista Oaks) South: FM 1431 East: Residential (Vista Oaks) West: Mayfield Ranch Boulevard PROPOSED LAND USE: Church Facilities GENERAL PLAN POLICY: PUD 23 UTILITIES: The development proposes standard municipal services. At its October 29 meeting, the Commission approved the rezoning of the Westside Church to PF (Public Facilities). As discussed with the Commission, the zoning ordinance requires church facilities in excess of 2,500 square feet of accessory uses to be zoned PF (public facilities). The intent behind this regulation is to ensure greater compatibility between large church complexes and adjacent residential uses. The church's location along FM 1431, a major arterial, qualifies the tract for Public Facilities zoning. FIRST AMENDMENT TO THE RESTRICTIVE COVENANT This First Amendment to the Restrictive Covenant, hereinafter called the "First Amendment" is made by and between the City of Round Rock, a Texas home -rule municipal corporation, hereinafter called the "City" and Westside Church of Christ, a Texas nonprofit corporation, hereinafter called the "Owner ". WHEREAS, the City and Owner agreed that Owner's property should be impressed with certain covenants and restrictions; and WHEREAS, the Owner executed that certain Restrictive Covenant, hereinafter called the "Restrictive Covenant ", on the 4th day of November, 2003, Document No. 2003123916 ; and WHEREAS, the Restrictive Covenant may be amended by joint action of the City and the Owner; and WHEREAS, it has become necessary to amend the Restrictive Covenant to include Owner's additional property; NOW THEREFORE, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and the Owner agree that said Restrictive Covenant is amended as follows: Agreement: 1. The Property section, shall be amended to include additional tracts of land, as follows: (a) A 4.86 acre tract of land out of the Ephraim Evans Survey, being more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein, as if fully set forth; and (b) A 2.46 acre tract of land out of the Ephraim Evans Survey, being more particularly described by metes and bounds in Exhibit "B ", attached hereto and incorporated herein, as if fully set forth. See "Sketch to Accompany Description" attached hereto and made a part hereof for all intents and purposes hereunto and in any way pertaining. 2. Capitalized terms not otherwise defined in this First Amendment shall have the meanings ascribed to them in the Restrictive Covenant. 3. Except as amended hereby, the Restrictive Covenant as originally written remains in full force and effect. 00061419 Page 1 of 3 4. This, First Amendment, together with the Restrictive Covenant, embodies the entire agreement of the parties hereto, and is binding upon and inures to the benefit of the parties to this First Amendment and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns and incorporates all previous correspondence or communication, whether written or oral. The Restrictive Covenant, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. EXECUTED this a day of JAuwi ,2004. APP ' C VED AS TO FORM: Steph. L. Sheets City Attomey City of Round Rock STATE OF TEXAS COUNTY OFIW1111 pMV15G 1� OWNER: WESTSIDE CHURCH OF CHRIST, a Texas nonprofit corporation Page 2 of 3 Liniel Click Elder This instrument was acknowledged before me on , 2004, by Liniel Click as Elder of Westside Church of Christ. Notary Pur c, St of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. Attn: Stephan L. Sheets 309 E. Main Street Round Rock, TX 78664 Page 3 of 3 " FXHIBIT A" 4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 AND BEING A PORTION OF' THAT TRACT DESCRIBED AS 36.48 ACRES. SAVE AND EXCEPT 9.12 ACRES. GRANTED TO PERRY O. MAYFIELD, DATED JUNE 14, 1991 AND RECORDED IN VOLUME 2027. PAGE 763. OFFICIAL RECORDS WILLJAMSON COUNTY, TEXAS, AND 2.48 ACRES OUT OF THE EPHRAIN EVANS SURVEY. ABSTACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 1437.45 ACRES. GRANTED TO TOM E. NELSON. JR. TRUSTEE 1'1, DATED JUNE 25, 1973 AND RECORDED IN VOLUME 571. PAGE 446. DEED RECORDS TRAVIS COUNTY. TEXAS. (FOR 4.86 a 2.46 ACRE TRACTS) NAIL SET IN ROCK )1,C” GP' ,. 1 00 5 0 % G 1 +�9 2 p020 - W c O- EPHRAIM GN URGH s -[ OF 5 WE 5 �. P R' o +' L + +1' °. .'h 1R, wn / <. +¢ ' O FE85-1� I O SUF1� LP IPS 32 PK NAIL SET CURVE TABLE NUMBER C1 C2 DELTA 05'26'21" 20'12'22" RADIUS 1150.50 968.00 ARC 109.22 341-38 CHORD 109.18 339.61 DIRECTION 5 37'15'38" E 5 29'52'37" E Castleberry Surveying, Inc. 203 South I.H. 35. Suite 101 Georgetown. Texas 78628 (512) 930- 1600/(512) 930 -9389 fax email: info®caetieberrysurveying.com pt_03 30417_CHURCH_0 EXHIBIT „ SCALE 1 = 200' BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD83. ENTRYWAY. LANDSCAPING. de SIGN EASEMENT #2002096420 SIDEWALK EASEMENT #2003022821 eV PK NAIL FOUND LINE TABLE NUMBER L1 L2 L3 L4 DIRECTION S 19'46'26" E 5 26'39'39" W 5 70'20'32" W N 70'24'16" E DISTANCE 23.89 FT 86.57 F1 135.09 FT 2.50 F1 J \11TIE\DRAWI d..g 26XEL 12/10/03 0$A lr CH tIEEI 1 OF 3 Page 1 of 2 LEGEND • 1/2" IRON PIN FOUND (UNLESS OTHERWISE NOTED) 0 1/2" IRON PIN SET w/YELLOW PLASTIC CAP "CCC483.3" O- R.W.C. OFFICIAL RECORDS WILLIAMSON CO. P.R.W.C. PLAT RECORDS WILLIAMSON CO. " FXHIBIT A" 4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 AND BEING A PORTION OF' THAT TRACT DESCRIBED AS 36.48 ACRES. SAVE AND EXCEPT 9.12 ACRES. GRANTED TO PERRY O. MAYFIELD, DATED JUNE 14, 1991 AND RECORDED IN VOLUME 2027. PAGE 763. OFFICIAL RECORDS WILLJAMSON COUNTY, TEXAS, AND 2.48 ACRES OUT OF THE EPHRAIN EVANS SURVEY. ABSTACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 1437.45 ACRES. GRANTED TO TOM E. NELSON. JR. TRUSTEE 1'1, DATED JUNE 25, 1973 AND RECORDED IN VOLUME 571. PAGE 446. DEED RECORDS TRAVIS COUNTY. TEXAS. (FOR 4.86 a 2.46 ACRE TRACTS) NAIL SET IN ROCK )1,C” GP' ,. 1 00 5 0 % G 1 +�9 2 p020 - W c O- EPHRAIM GN URGH s -[ OF 5 WE 5 �. P R' o +' L + +1' °. .'h 1R, wn / <. +¢ ' O FE85-1� I O SUF1� LP IPS 32 PK NAIL SET CURVE TABLE NUMBER C1 C2 DELTA 05'26'21" 20'12'22" RADIUS 1150.50 968.00 ARC 109.22 341-38 CHORD 109.18 339.61 DIRECTION 5 37'15'38" E 5 29'52'37" E Castleberry Surveying, Inc. 203 South I.H. 35. Suite 101 Georgetown. Texas 78628 (512) 930- 1600/(512) 930 -9389 fax email: info®caetieberrysurveying.com pt_03 30417_CHURCH_0 EXHIBIT „ SCALE 1 = 200' BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD83. ENTRYWAY. LANDSCAPING. de SIGN EASEMENT #2002096420 SIDEWALK EASEMENT #2003022821 eV PK NAIL FOUND LINE TABLE NUMBER L1 L2 L3 L4 DIRECTION S 19'46'26" E 5 26'39'39" W 5 70'20'32" W N 70'24'16" E DISTANCE 23.89 FT 86.57 F1 135.09 FT 2.50 F1 J \11TIE\DRAWI d..g 26XEL 12/10/03 0$A lr CH tIEEI 1 OF 3 Page 1 of 2 FIELD NOTES JOB NO: 3-0417_CHURCH_OF_ CHRIST_ 1431 / DOCUMENTS /METES8BOUNDS/EX3_121103 DATE: DECEMBER 11, 2003 PAGE: 2 OF 3 (EXHIBIT ATTACHED) 4.88 ACRES All that certain tract or parcel of land situated In Willlamson County, Texas, out of the Ephraim Evans Survey, Abstract No 212 and being a portion of that tract described as an undivided one - half (1/2) Interest in and to: 36.48 acres. save and except 9.12 acres in a Special Warranty Deed granted to Perry O. Mayfield, dated June 14, 1991 and recorded In Volume 2027, Page 783, Official Records of Williamson County, Texas and further described by metes and bounds as follows: BEGINNING at nail set in rock In the south line of that tract described as 21.331 acres (Trap 4) in a Warranty Deed granted to MDSR GP, INC., dated April 15, 2002, and recorded as Document No. 2002028839 of said official records for the northeast comer of this tract, a X" iron pin set with a yellow plastic cap inscribed "CCC 4835" bears N 70 ° 19'51" E 2.50 feet for the southeast comer of said MDSR GP, INC. tract; THENCE: S 20 °57'47" E 849.52 feet to a pk nail set in the north line of F.M. 1431 for the southeast comer of this tract; THENCE: S 70 °20'32' W 249.29 feet with the north line of said F.M. 1431 to al:" iron pin with a yellow plastic cap inscribed "CCC 4835" set for the southeast comer of that tract described as Lot 1, Block "A ", Westslde Church of Christ Final Plat, as recorded In Cabinet N, Slides 132.133, Plat Records of Williamson County, Texas and the southwest comer of said Mayfield tract and this tract; THENCE: N 20 °57'47" W 849.79 feet with the east line of said Westside Church of Christ tract to a W iron pin found in the south line of said MOOR GP, INC. tract for the northeast comer of said Westside Church of Christ tract and the northwest comer of this tract; THENCE: N 70 °24'16" E 249.30 feet with the south line of said MDSR GP, INC. tract to the point of Beginning and containing 4.86 acres of land. Bearings based on Texas State Plane Coordinate System (Central Zone) NAD 83(93). Castleberry Surveying, Ltd. 203 South IH 35, Suite 101C Georgetown, Texas 78628 CCC/ch Clyde C. Castleberry Registered Professional Land Surveyor No. 4835 Page 2 of 2 13L.EL "FXHIRIT A" 4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 38.48 ACRES. SAVE AND EXCEPT 9.12 ACRES, GRANTED TO PERRY O. MAYFIELD, DATED JUNE 14. 1991 AND RECORDED IN VOLUME 2027. PAGE 763. OFFICIAL RECORDS WIWAMSON COUNTY. TEXAS. AND 2.46 ACRES OUT OF THE EPHRAIN EVANS SURVEY, ABSTACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 1437.45 ACRES. GRANTED TO TOM E. NELSON. JR. TRUSTEE #11. DATED JUNE 25. 1973 AND RECORDED IN VOLUME 571. PAGE 446. DEED RECORDS TRAVIS COUNTY. TEXAS. (FOR 4 6 2.46 ACRE TRACTS) NAIL SET IN ROCK \ ;1 • CURVE TABLE Castleberry Surveying, Inc. 203 South I.H. 35. Sulte 101 Georgetown, Texas 78628 (512) 930- 1600/(512) 930 -9389 fax email: infoOcastleberrysurveying.com NUMBER C1 C2 DELTA 05'26'21" 20 RADIUS 1150.50 968.00 ARC 109.22 341.38 CHORD 109.18 339.61 DIRECTION S 3715'38" E S 29 E Egpt..03 \30417_CHURCH_OF_CH \DRAW1.dwg SCALE 1" 200' BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD83. ENTRYWAY, LANDSCAPING, & SIGN EASEMENT #2002096420 SIDEWALK EASEMENT #2003022821 UNE TABLE NUMBER L1 L2 L3 L4 D IRECTION S 1946'26" E S 2636'39" W 2 70 W N 70 E DISTANCE 23.89 FT 96.57 FT 135.09 FT 2.50 FT DAIL 12/10/03 DRAWN. CH SiEEI 1 of 3 Page 1 of 2 LEGEND • 1/2" IRON PIN FOUND (UNLESS OTHERWISE NOTED) O 1 /2" IRON PIN SET _ w /YELLOW PLASTIC CAP "CCC4835" O. OFFICIAL RECORDS WILUAMSON CO. P.R.W.C. PLAT RECORDS WIWAMSON CO. 13L.EL "FXHIRIT A" 4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 38.48 ACRES. SAVE AND EXCEPT 9.12 ACRES, GRANTED TO PERRY O. MAYFIELD, DATED JUNE 14. 1991 AND RECORDED IN VOLUME 2027. PAGE 763. OFFICIAL RECORDS WIWAMSON COUNTY. TEXAS. AND 2.46 ACRES OUT OF THE EPHRAIN EVANS SURVEY, ABSTACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 1437.45 ACRES. GRANTED TO TOM E. NELSON. JR. TRUSTEE #11. DATED JUNE 25. 1973 AND RECORDED IN VOLUME 571. PAGE 446. DEED RECORDS TRAVIS COUNTY. TEXAS. (FOR 4 6 2.46 ACRE TRACTS) NAIL SET IN ROCK \ ;1 • CURVE TABLE Castleberry Surveying, Inc. 203 South I.H. 35. Sulte 101 Georgetown, Texas 78628 (512) 930- 1600/(512) 930 -9389 fax email: infoOcastleberrysurveying.com NUMBER C1 C2 DELTA 05'26'21" 20 RADIUS 1150.50 968.00 ARC 109.22 341.38 CHORD 109.18 339.61 DIRECTION S 3715'38" E S 29 E Egpt..03 \30417_CHURCH_OF_CH \DRAW1.dwg SCALE 1" 200' BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NAD83. ENTRYWAY, LANDSCAPING, & SIGN EASEMENT #2002096420 SIDEWALK EASEMENT #2003022821 UNE TABLE NUMBER L1 L2 L3 L4 D IRECTION S 1946'26" E S 2636'39" W 2 70 W N 70 E DISTANCE 23.89 FT 96.57 FT 135.09 FT 2.50 FT DAIL 12/10/03 DRAWN. CH SiEEI 1 of 3 Page 1 of 2 F IELD NOTES JOB NO: 30417_CHURCH OF CHRIST 1431/DOCUMENTS/METES&BOUNDS/EX3 121103 2 DATE: DECEMBER 11, 2003 — PAGE: 3 OF 3 (EXHIBIT ATTACHED) 2.46 ACRES All that certain tractor parcel of land situated in Williamson County, Texas, out of the Ephraim Evans Survey, Abstract No. 212 and being a portion of that tract described as 1437.45 acres in a Deed granted to Tom E. Nelson, Jr. Trustee 81. dated June 25, 1973 and recorded in Volume 571, Page 446 Deed Records of Williamson County, Texas and further described by metes and bounds as follows: BEGINNING at nail set in rock in the south line of that tract described as 21.331 acres (Tract 4) In a Warranty Deed granted to MDSR GP, INC., dated April 15, 2002, and recorded as Document No. 2002028839 of the Official Records of Williamson County, Texas for the northwest comer of this tract; THENCE: N 70 °24'16" E 2.50 feet with the south fine of said MDSR GP, INC. tract to a 35" iron pin with a yellow plastic cap inscribed 'CCC 4835' set in the west line of Mayfield Ranch Boulevard, a 84 right -of -way, as recorded in Cabinet W, Slide 240, Plat Records Williamson County, Texas, for the southeast comer of said MDSR GP, INC. tract and the northeast comer of this tract; THENCE: with the east line of this tract and the west line of said Mayfield Ranch Boulevard in the following five (5) courses; 1. 109.22 feet along a curve concave to the northeast (A=05 °26'21', r = 1150.50 feet, Ic bears 5 37 °15'38" E 109.18 feet) to a W iron pin with a yellow plastic cap inscribed •CCC 4836' set, 2. S 39 °58'48° E 349.06 feet to a 35" iron pin with a yellow plastic cap inscribed "CCC 4835" set, 3. 341.38 feet along a curve concave to the southwest (0 =20 °12'22 ", r = 968.00 feet, lc bears S 29 °5217' E 339.61 feet) to a'A" Iron pin with a yellow plastic cap inscribed "CCC 4835" set, 4. S 19 °48'26° E 23.89 feet to a W Iron pin with a yellow plastic cap inscribed 'CCC 4835" set, 5. S 26 °39'39" W 86.57 feet to a pk nail found at the intersection of the west line of said Mayfield Ranch Boulevard and the north line of F.M. 1431 for the southeast comer of this tract THENCE: S 70 °2012" W 135.09 feet with the north line of said F.M. 1431 to a pk nail set in the north line of said F.M. 1431 for southwest comer of this tract; THENCE: N 20 °57'47' W 849.52 feet to the point of Beginning and containing 2.48 acres of land. Bearings based on Texas State Plane Coordinate System (Central Zone) NAD 83(93). Castlebeny Surveying, Ltd. 203 South IH 35, Suite 101C Georgetown, Texas 78628 Clyde C. Castle•' Registered Professional Land Surveyor No. 4835 CCC /a1 Page 2 of 2 ADDRESS: c/o Mr. Liniel Click Westside Church of Christ 3300 Highway 1431 Round Rock, TX 78681 Williamson County IIIIIIIIIIII11111111IIIIIIIIIIIIIIIIIIIIIIIIIIclllllll REST 4 PGS Restrictive Covenant OWNER: Westside Church of Christ, a Texas nonprofit corporation 2003123916 PROPERTY: Lot 1, Block A, Westside Church of Christ Final Plat, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet N, Slides 132 -133, Plat Records, Williamson County, Texas. CONSIDERATION: The sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, paid by the City of Round Rock to the Owner the receipt and sufficiency of which are hereby acknowledged. WHEREAS, the Owner of the Property and the City of Round Rock (the "City") have agreed that the Property should be impressed with certain covenants and restrictions; NOW, THEREFORE, it is declared that the Owner of the Property, for the consideration, shall hold, sell and convey the Property, subject to the following covenants and restrictions impressed upon the Property by this restrictive covenant. These covenants and restrictions shall run with the land, and shall be binding on the Owner of the Property, its heirs, successors, and assigns. (a) Except as provided in paragraph 2, no portion of the Property may be used for anything other than a church, and accessory uses to the church, including religious education, but excluding primary or secondary educational facilities and day care facilities that require city, state or federal licensing, soup kitchens, group homes, group living facilities and temporary residential shelters. (b) Except as provided in paragraph 2, the total square footage permitted for buildings on the Property shall be limited to a total of 27,500 square feet. The parties agree that the existing church building and the two existing accessory buildings are included in the total 27,500 square foot limit permitted for buildings on the Property. 00057887 Agreements 1. Restrictions on Use of the Property and Building Square Footage. 2. Traffic Impact Analysis Required. (a) Owner agrees that a change in the use of the Property, other than the use permitted in paragraph 1(a) above, shall require the submission of a Traffic Impact Analysis to the City and approval by the City prior to any change in use. (b) Owner agrees that exceeding the 27,500 total square foot limit permitted for buildings on the Property, shall require the submission of a Traffic Impact Analysis to the City and approval by the City prior to exceeding the total square foot limit. (c) The Traffic Impact Analysis shall be prepared in accordance with the rules and regulations in place at the time of submission. 3. Amendment and Termination. This agreement may be modified, amended or terminated in whole or in part from time to time, and at any time, only by joint action of both (a) a majority of the members of the City Council of the City of Round Rock, and (b) by the Owner of the Property subject to the modification, amendment or termination at the time of such modification, amendment or termination. 4. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules in any jurisdiction. Venue shall be in Williamson County. 5. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation will be entitled to recover reasonable attorney's fees and court and other costs. 6. Severability. If any part of this agreement or covenant is for any reason unenforceable or is declared invalid, by judgment or court order, to the extent the same does not destroy the basis of the bargain among the parties, the same shall in no way affect any of the other provisions of this agreement, and the remaining portion of this agreement shall remain in full effect. 7. Number and Gender. The use of the singular will be deemed to mean the plural, the masculine to mean the feminine or neuter, and the neuter to mean the masculine or feminine when the context requires. 8. Captions. Captions used in this agreement are for convenience only and will not be considered as a limitation on or an expansion of the terms of the agreement. 9. Prior Agreements Superseded This agreement constitutes the entire agreement ofthe parties with respect to the subject matter hereof, and supersedes all prior understandings or oral or written agreements between the parties respecting the subject matter. 10. No Third -Party Beneficiaries. Nothing in this agreement, expressed or implied, is intended or may be construed to confer on any person or entity, other than the parties and their respective heirs, successors, and assigns, any right, remedy, or claim by reason of this agreement. This agreement is intended for the sole and exclusive benefit ofthe parties and their respective heirs, 2 successors, and assigns. 11. Violations. If any person or entity shall violate or attempt to violate this agreement and covenant, it shall be lawful for the City to prosecute proceedings at law or in equity against such person or entity violating or attempting to violate such agreement or covenant, to prevent the person or entity from such actions, and to collect damages for such actions. 12. Non - waiver. If at any time the City fails to enforce this agreement, whether or not any violations of it are known, such failure shall not constitute a waiver or estoppel of the right to enforce it. EXECUTED this the 4 day of &ember , 2003. APPROVED AS TO F Stepha$ L. Sheets City Attorney City of Round Rock STATE OF TEXAS COUNTY OF 11 t( IGC 501U This instrument was acknowledged before me on (3 , 2003, by Liniel Click as Elder of Westside Church of Christ. OWNER: WESTSIDE CHURCH OF CHRIST, a Texas nonprofit corporation Lmiel Click Elder Notary Public'State Hf Texas 3 PREPARED IN THE OFFICE OF: Sheets & Crossfiled, P.C. 309 E. Main Street Round Rock, TX 78664 AFTER RECORDING RETURN TO: Sheets & • ossfiled, P Attn: . ephan L. eets 309 . Main S ' et , TX 78664 3o ,: A 14 „y." _ FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2003123916 12/31/2003 12:57 PM ANDERSON $20.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK day of May 2004. 111 1111111111111111111111 1111 II ORD 8 PGS 2004037279 1, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z.- 04 -03- 25-13D1, which approves the rezoning of 4.86 acres of land out of the Ephraim Evans Survey. This ordinance was approved and adopted after two readings by the City Council of the City of Round Rock, Texas. The meetings were held on the 12t day of February 2004, and the 25th day of March 2004. These minutes are recorded in the official City Council Minute Book No. 50. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 11 C ) (.1 1 i k /C L -1 C J j . CHRISTINE R. MARTINEZ, City Secretary ;- 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 4.86 acres of land out, more or less, of the Ephraim Evans Survey, Abstract No. 212, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, from Planned Unit Development (PUD) District to District PF (Public Facility), 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 14th day of January, 2004, 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 PF (Public Facility), and ePFDeskLOp \: -ODM ORDINANCE NO. Z- O11 -D3 25 -13D1 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 4.86 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO DISTRICT PF (PUBLIC FACILITY). ORLW % /O: IWDOX /ORC1 C/040212]■1_ . /sc WHEREAS, on the 12th day of February, 2004, 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 and Section 11.400, 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 the Official Zoning Map adopted in Section 11.401(2)(a), 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 PF (Public Facility). B. 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. C. The City Council hereby finds and declares that written noticeof 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. 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 , 2004. Alternative 2. + READ and APPROVED on first reading this the 1 day of , 2004. READ, APPROVED and ADOPTED on second reading this the CQ t Y � i5 day of a , 2004. CHRISTINE R. MARTINEZ, City Secreta NY rz EL , Ma •r City of Round Rock, Texas 3. y ELL "EXHIBIT A 4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 36.48 ACRES, SAVE AND EXCEPT 9.12 ACRES, GRANTED TO PERRY 0. MAYFIELD, DATED JUNE 14, 1991 AND RECORDED IN VOLUME 2027, PAGE 783, OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, AND 2.48 ACRES OUT OF THE EPHRAIN EVANS SURVEY, ABSTACT NO. 212 AND BEING A PORTION OF THAT TRACT DESCRIBED AS 1437.45 ACRES, GRANTED TO TOM E. NELSON. JR. TRUSTEE #1, DATED JUNE 25, 1973 AND RECORDED IN VOLUME 571, PAGE 446, DEED RECORDS TRAVIS COUNTY, TEXAS. P.O.B. (FOR 4.86 & 2.46 ACRE TRACTS) NAIL SET IN ROCK INC M SR GP NO' 9 Z00 RN C EPHRAIM cH „ ¢c , 5 '(SID G I{Ft 15 1 �'L N1E OF . SI-- PR 1D IPS Egpt_03 \30417_CHURCH_OF_CHRI ST_1431 \DRA BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE) NA083. A O W JPµ1f5 SCALE 1 = 200' ENTRYWAY, LANDSCAPING, 8c SIGN EASEMENT #2002096420 SIDEWALK EASEMENT #2003022821 r PK NAIL FOUND PK NAIL SET LINE TABLE NUMBER L1 L2 L3 L4 DIRECTION 5 19 4826 E S 26 W 5 71720'32" W N 70'24'16' E DISTANCE 23.89 FT 86.57 FT 135.09 FT 2.50 FT CURVE TABLE NUMBER C1 C2 DELTA 05'26'21' 20'12'22" RADIUS 1150.50 968.00 ARC 109.22 341.38 CHORD 109.18 339.61 DIRECTION 5 371538" E 5 29 E Castleberry Surveying, Inc. 203 South I.H. 35, Suite 101 Georgetown, Texos 78628 (512) 930- 1600/(512) 930 -9359 fax email: info©Icastleberrysurveying.com • 0 O.R.W.C. P.R.W.C. LEGEND 1/2' IRON PIN FOUND (UNLESS OTHERWISE NOTED) 1/2" IRON PIN SET me /YELLOW PLASTIC CAP "CCC4835" OFFICIAL RECORDS WILLIAMSON CO. PLAT RECORDS WILLIAMSON CO. NGS \ TITLE \DRAW1.tlw9 DAM 12/10/03 DRAWN- CH SHEET 1 OF RECORDERS MEMORANDUM All or parts of the text on this page was not aseely les ibis for safeafaatow seewslesioo. FIELD NOTES JOB NO: 3-0417 CHURCH OF_ CHRIST_ 1431 / DOCUMENTS IMETESBBOUNDS /EX3_121103 DATE: DECEMBER 11, 2003 PAGE 2 OF 3 (EXHIBIT ATTACHED) 4.86 ACRES All that certain tract or parcel of land situated in Williamson County, Texas, out of the Ephraim Evans Survey, Abstract No. 212 and being a portion of that tract described as an undivided one - half (1/2) interest in and to: 38.48 acres, save and except 9.12 acres in a Special Warranty Deed granted to Perry O. Mayfield, dated June 14, 1991 and recorded in Volume 2027, Page 763, Official Records of Williamson County, Texas and further described by metes and bounds as follows: BEGINNING at nail set in rock in the south line of that tract described as 21331 acres (Tract 4) in a Warranty Deed granted to MDSR GP, INC., dated April 15, 2002, and recorded as Document No. 2002028839 of said official records for the northeast comer of this tract, a lc iron pin set with a yellow plastic cap inscribed 'CCC 4835' bears N 70°19'51' E 250 feet for the southeast corner of said MDSR GP, INC. tract; THENCE: S 20 °57'47' E 849.52 feet to a pk nail set in the north line of F.M. 1431 for the southeast comer of this tract; THENCE: S 70 °20'32' W 249.29 feet with the north line of said F.M. 1431 to a 14' iron pin with a yellow plastic cap inscribed'CCC 4835° sel for the southeast comer of that tract described as Lot 1, Block A', Westside Church of Christ Final Plat, as recorded in Cabinet N, Slides 132 -133, Plat Records of Williamson County, Texas and the southwest comer of said Mayfield tract and this tract; THENCE: 14 20°57'47 W 849.79 feet wish the east line of said Westside Church of Chrtsf tract to a X' iron pin found in the south line of said MDSR GP, INC. tract for the northeast comer of said Westside Church of Christ tract and the northwest comer of this tract: THENCE: N 70 °2416' E 249.30 feet with the south line of said MDSR GP, INC. tract to the point of Beginning and containing 4.86 acres of land. Bearings based on Texas Stale Plane Coordinate System (Central Zone) NAD 83(93). Castleberry Surveying, Ltd. 203 South IH 35, Suite 101C Georgetown, Texas 78828 Clyde C. Castleberry Registered Professional Land Surveyor No. 4035 CCC /ch RECORDERS MEMORANDUM All or parts of the text on this page was not learl� lalgbla for satisfactory rscoolation Westside Church of Christ - Mayfield Tract Rezoning from PUD to PF Westside Church of Christ 4_o3n35 --13D FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004037279 05/12/2004 11:48 AM CARRILLO $28.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS PIGCtsc_, ren` hrt ne, h'1ayftin z CITY OF ROUND ROCK ADMINISTRATION ') 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664