Z-04-03-25-13D2 - 3/25/2004and
@ PFGeektop \::ODMA /WORLDOX /O: /WDOX /ORDINANC /040212A2.WPD /ac
ORDINANCE NO. Z — 04- 0345 - J i)
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.4O1(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 2.46 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 2.46 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:
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 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.
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 IQL day of
, 2004.
READ, APPROVED and ADOPTED on second reading this the
s 7S ./.-) day of�� NACJ-\_) , 2004.
A17 T:
jr
CHRISTINE R. MARTINEZ, City Secretar
NY v EL , May .r
City of Round Rock, Texas
3.
NUMBER
DIRECTION
DISTANCE
Ll
S 19'46'26" E
23.89 FT
L2
S 26'39 "39" W
86.57 FT
L3
S 70'20'32" W
135.09 FT
L4
N 70'24'16" E
2.50 FT
"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 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 ijl1. DATED JUNE 25, 1973 AND
RECORDED IN VOLUME 571, PAGE 446, DEED RECORDS TRAVIS
COUNTY, TEXAS.
1N
S R Gp N O '
00 O
02- �6
O —
-
1 'AIM
G1 ., ` U GM
V �c_5 15° 6 05 ‘ pp 57-
G N p 1 "5� G
R
AESTrAC. I
P.O.B.
(FOR 4.86 & 2.46
ACRE TRACTS)
NAIL SET IN ROCK
IPS
R 0'
BEARINGS BASED ON TEXAS
STATE PLANE COORDINATE
SYSTEM (CENTRAL ZONE)
NAD83.
a
SCALE 1" = 200'
CURVE TABLE
ENTRYWAY,
LANDSCAPING, & SIGN
EASEMENT
#2002096420
SIDEWALK EASEMENT
#2003022821
N
PK NAIL FOUND
PK NAIL SET
LINE TABLE
NUMBER
01
C2
DELTA
0526'21"
20'12'22"
RADIUS
1150.50
968.00
ARC
109.22
341.38
CHORD
109.18
339.61
DIRECTION
S 3715'38" E
S 29'52'37" E
•
0
P.R. W. C.
LEGEND
1/2 IRON PIN FOUND
(UNLESS OTHERWISE NOTED)
1/2" IRON PIN SET
w /YELLOW PLASTIC CAP "CCC4835"
OFFICIAL RECORDS WILLIAMSON CO.
PLAT RECORDS WILLIAMSON CO.
Castleberry Surveying, In
203 South I.H. 35, Suite 101
Georgetown, Texas 78628
(512) 930- 1600/(512) 930 -9389 fax
email: info®castleberrysurveying_com
ELL Egpt_03 \30417_CHURC
EXHIBIT
WINGS \TITLE \DRAW1.dwg
fl ATF• 12/10/03
DRAWN• CH
SHFFT
1
OF
FIELD NOTES
JOB NO:
3041 7_CHURCH_OF_CHR IST /DOCUMENTS /METES &BOUNDS /EX3_121103_2
DATE: DECEMBER 11, 2003
PAGE: 3 OF 3 (EXHIBIT ATTACHED)
2.46 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 1437.45 acres in a
Deed granted to Tom E. Nelson, Jr. Trustee #1, 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 corner of
this tract;
THENCE: N 70 °24'16" E 2.50 feet with the south line of said MDSR GP, INC. tract to a 1 4' iron
pin with a yellow plastic cap inscribed "CCC 4835" set in the west line of Mayfield Ranch
Boulevard, a 64' 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 corner 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 (e= 05'26'21 ", r = 1150.50 feet, lc
bears S 37 °15'38" E 109.18 feet) to a'/" iron pin with a yellow plastic cap inscribed
"CCC 4835" set,
2. 3 39 °58'48" E 349.06 feet to a''A" iron pin with a yellow plastic cap inscribed "CCC
4835" set,
3. 341.38 feet along a curve concave to the southwest (d =20 °12'22 ", r = 968.00 feet, lc
bears S 29'52'37" E 339.61 feet) to a 'A" iron pin with a yellow plastic cap inscribed
"CCC 4835" set,
4. S 19 °46'26" E 23.89 feet to a 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 corner of
this tract
THENCE: S 70'20'32" 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 2.46 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
Westside Church of Christ - Nelson Tract
Rezoning from PUD to PF
Westside Church
of Christ
DATE: March 19, 2004
SUBJECT: City Council Meeting - March 25, 2004
ITEM: 13.D.2. Consider an ordinance rezoning 2.46 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
Resource: Jim Stendebach, Planning Director
Justification: Westside Church of Christ has acquired this 2.46 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: N/A
Cost: N/A
Source of Funds: N/A
Outside Resources: Tom E. Nelson, Jr.
Background This tract is north of FM 1431, east of the current Westside Church of
Information: 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:
DATE OF REVIEW: 1/14/04
ADJACENT LAND USE:
STAFF COMMENTS:
Planner: Susan Brennan
This tract was originally zoned PUD 23 in December
1995. The land use approved for this tract was
campus business park as outlined in PUD 23.
OWNER: Tom E. Nelson Jr., Trustee
CONSULTING ENGINEER: Fisher Hagood
DESCRIPTION: 2.46 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
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 4 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:
00061419
Agreement:
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.
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 .11e day of JA.0 , 2004.
APP ' e VED AS TO FORM:
Steph. L. Sheets
City Attorney
City of Round Rock
STATE OF TEXAS
COUNTY 0441 I a414 ( )
OWNER:
WESTSIDE CHURCH OF CHRIST,
a Texas nonprofit corporation
Liniel Click
Elder
This instrument was acknowledged before me on , 2004, by
Liniel Click as Elder of Westside Church of Christ.
Notary Pu c, St f to of Texas
Page 2 of 3
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
"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 783.
OFFICIAL RECORDS WILUAMSON 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.
(FOR 4.86 $ 2.46
ACRE TRACTS)
NAIL SET IN ROCK
C" S RC"
E
C pO , N '1 3 3 C
P R'
BEARINGS BASED ON TEXAS
STATE PLANE COORDINATE
SYSTEM (CENTRAL ZONE)
NAD83.
SCALE 1" m 200'
CURVE TABLE
ENTRYWAY,
LANDSCAPING, do SIGN
EASEMENT
#2002096420
SIDEWALK EASEMENT
#2003022821
PK NAIL FOUND
LINE TABLE
NUMBER
L1
L2
L3
L4
DIRECTION
5 19'46'29' E
5 26'39'39" W
S 70'20'32" W
N 70'24'16" E
DISTANCE
23.89 FT
88.57 FT
135.09 FT
2.50 FT
NUMBER
C1
C2
DELTA
05'28'21"
20'12'22"
RADIUS
1150.50
968.00
ARC
109.22
341.38
CHORD
109.18
339.61
DIRECTION
S 3715'38" E
S 29'52'37" E
•
O
O.R_W.C.
P.R.W.C.
LEGEND
1/2" IRON PIN FOUND
(UNLESS OTHERWISE NOTED)
1/2" IRON PIN SET
w/YELLOW PLASTIC CAP "CCC483$"
OFFICIAL RECORDS WILLIAMSON CO.
PLAT RECORDS WILLIAMSON CO.
Castleberry Surveying, Inc_
203 South I.H. 35, Suite 101
Georgetown. Texas 78628
(512) 930- 1800/(512) 930 -9389 fax
email: In foOcas tl eberrysurveyin g. com
30417_CHURCH —OF
TITLE •' AWM.dw
Dim. 12/10/03
2$6.%16G-CH
SLIEE2
1
of 3
EXHIBIT
„
Page 1 of 2
FIELD NOTES
JOB NO: 3-0417 CHURCH_OF CHRIST_ 1431 / DOCUMENTS /METESBBOUNDS/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 Willamson 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 aces 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 (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 W 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 °57'4T 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 54" 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 344" 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 11135, Suite 101C
Georgetown, Texas 78628
CCC /ch
Clyde C. Castleberry
Registered Professional Land Surveyor No. 4835
Page 2 of 2
" EXHIRIT 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 783.
OFFICIAL RECORDS WIWAMSON 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 448. DEED RECORDS TRAVIS
COUNTY. TEXAS.
\NG'
G N U RCN
Vd{;S Of0G5Fi1Sj3.
c P S C
P R'
(FOR 4. 2.46
ACRE TRACTS)
NAIL SET IN ROCK
O "
. �.
MOS 9,00G9 N 639
EPHRAIM
N
1A
Egpt_03 \30417_0HURCH_OF_C11
IPS
5 '
Ro Jp0. E5
Castleberry Surveying, Ine.
203 South I.H. 35, Suite 101
Georgetown, Texas 78628
(512) 930- 1600/(512) 930 -9389 fax
email: in foCcastleberryeurveying.com
EXHIBIT
'
SCALE 1' a 200'
BEARINGS BASED ON TEXAS
STATE PLANE COORDINATE
SYSTEM (CENTRAL ZONE)
NADB3.
ENTRYWAY,
LANDSCAPING, & SIGN
EASEMENT
#2002096420
SIDEWALK EASEMENT
#2003022821
.
PK NAIL FOUND
PK NAIL SET
LINE TABLE
NUMBER
L1
L2
L3
L4
DIRECTION
S 19'46•26' E
5 26'39'39' W
5 7•20'32' W
N 70•24'16' E
DISTANCE
23.89 FT
86.57 FT
135.09 FT
2.50 FT
CURVE TABLE
NUMBER
01
C2
DELTA
0526'21'
20'12'22'
RADIUS
1150.50
968.00
ARC
109.22
341.38
CHORD
109.18
339.61
DIRECTION
5 3715'38' E
S 29'52'37' E
DATE• 12/10/03
DRAw1 CH
wrcT
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 "0004835'
O.R.W.C.
OFFICIAL RECORDS WILLIAMSON CO.
P.R.W.C.
PLAT RECORDS WILLIAMSON CO.
" EXHIRIT 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 783.
OFFICIAL RECORDS WIWAMSON 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 448. DEED RECORDS TRAVIS
COUNTY. TEXAS.
\NG'
G N U RCN
Vd{;S Of0G5Fi1Sj3.
c P S C
P R'
(FOR 4. 2.46
ACRE TRACTS)
NAIL SET IN ROCK
O "
. �.
MOS 9,00G9 N 639
EPHRAIM
N
1A
Egpt_03 \30417_0HURCH_OF_C11
IPS
5 '
Ro Jp0. E5
Castleberry Surveying, Ine.
203 South I.H. 35, Suite 101
Georgetown, Texas 78628
(512) 930- 1600/(512) 930 -9389 fax
email: in foCcastleberryeurveying.com
EXHIBIT
'
SCALE 1' a 200'
BEARINGS BASED ON TEXAS
STATE PLANE COORDINATE
SYSTEM (CENTRAL ZONE)
NADB3.
ENTRYWAY,
LANDSCAPING, & SIGN
EASEMENT
#2002096420
SIDEWALK EASEMENT
#2003022821
.
PK NAIL FOUND
PK NAIL SET
LINE TABLE
NUMBER
L1
L2
L3
L4
DIRECTION
S 19'46•26' E
5 26'39'39' W
5 7•20'32' W
N 70•24'16' E
DISTANCE
23.89 FT
86.57 FT
135.09 FT
2.50 FT
CURVE TABLE
NUMBER
01
C2
DELTA
0526'21'
20'12'22'
RADIUS
1150.50
968.00
ARC
109.22
341.38
CHORD
109.18
339.61
DIRECTION
5 3715'38' E
S 29'52'37' E
DATE• 12/10/03
DRAw1 CH
wrcT
1
/ OF 3
Page 1 of 2
FIELD NOTES
JOB NO:
30417 CHURCH OF CHRIST 1431 /DOCUMENTS/METESSBOUNDS/EX3 121103 2
DATE: DECEMBER 11, 2003 —
PAGE: 3 OF 3 (EXHIBIT ATTACHED)
2.46 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 1437A5 acres in a
Deed granted to Tom E. Nelson, Jr. Trustee 41, 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 trap 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 Wfilliamson County, Texas for the northwest comer of
thls tract;
THENCE: N 70 °24'16' E 250 feet with the south line of said MDSR GP, INC. tract to a %' iron
pin with a yellow plastic cap Inscribed 'CCC 4835' set in the west line of Mayfield Ranch
Boulevard, a 64' right-of -way, as recorded In Cabinet W, Slide 240, Plat Records Willlamson
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 (4=05 °26'21', r = 1150.50 feet, lc
bears 5 37 °15'38' E 109.18 feet) to a W iron pin with a yellow plastic cap Inscribed
"CCC 4835° set,
2. S 39 °58'48' E 349.06 feet to a Y:" iron on with a yellow plastic cap Inscribed "CCC
4835' set,
3. 341.38 feet along a curve concave to the southwest (A =20 °12'22 ", r 968.00 feet, lc
bears 5 29 °52'3T E 339.61 feet) to a h 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 °20'32' 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 2.46 acres of
land.
Bearings based on Texas State Platte Coordinate System (Central Zone) NAD 83(93).
Castleberry Surveying, Ltd.
203 South IH 35, Suite 101C
Georgetown, Texas 78628
Clyde C. Castleberry
Registered Professional Land Surveyor No. 4835
CCC /ch
Page 2 of 2
Restrictive Covenant
OWNER: Westside Church of Christ, a Texas nonprofit corporation
ADDRESS: c/o Mr. Liniel Click
Westside Church of Christ
3300 Highway 1431
Round Rock, TX 78681
Williamson County
IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIII REST
4 PGS
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 attomey to enforce this agreement, the party
prevailing in litigation will be entitled to recover reasonable attomey'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 of the
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 of the 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.
APP
EXECUTED this the 4 161 day of , 2003.
VED AS TO F
Steph. L. Sheets
City Attorney
City of Round Rock
STATE OF TEXAS
COUNTY OF 1'ltI I Iawa)h )
This instrument was acknowledged before me on
Click as Elder of Westside Church of Christ. `^
17. Y '
al � LYN
'�? R^P Notary Publ ,State f Texas
3
OWNER:
WESTSIDE CHURCH OF CHRIST,
a Texas nonprofit corporation
sioc Lmiel Click
Elder
, 2003, by Liniel
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
ound Roc TX 78664
e,,/,/, { / eve.. �G
tt yy (
: 6-s.2 T
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2003123916
12/31/2003 12:57 P11
ANDERSON $20.00
NANCY E. RISTER, COUNTY CLERK
WILLIAIISON COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
Illlllillll 8 PGS
2004037278
I, 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 -13D2, which approves the rezoning of 2.46 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 12th day of
February 2004, and the 25 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 11th
day of May 2004.
LC')
CHRISTINE R. MARTINEZ, City Secretary
and
Orr lop w.. /Or.,,,aC /O, 0212,,.., /sc
ORDINANCE NO. Z OH - a3-J5-13D2)
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 2.46 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 2.46 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:
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 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.
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. nn
READ and APPROVED on first reading this the /o( day of
n
READ, APPROVED and ADOPTED on second reading this the
l day of 1Y l,ox_)--)
AT
, 2004.
A)tniL /e. lA
CHRISTINE R. MARTINEZ, City Secreta
, 2004.
NY vr EL , May .r
City of Round Rock, Texas
3.
r
Castleberry Surveying, Inc.
203 South I.H_ 35. Suite 101
Georgetown, Texas 78628
(512) 930- 1600/(512) 930 -9389 fax
email: infoacastleberrysurveying_com
FILL Egpt_03 \30417_CHURCH_OF_CHRIST_ RAWI.Awg
0'
TEXAS
IN ATE
ZONE)
FOUND
TABLE
DA 12/10/03
DRAWN:CH
4.86 ACRES OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212
AND BEING A PORTON OF THAT TRACT DESCRIBED AS 36.48 ACRES,
SAVE AND EXCEPT 9.1 ACRES. GRANTED TO PERRY O. MAYFIELD,
DATED JUNE 14. 1991 AND RECORDED IN VOLUME 2027. PAGE 763.
OFFICIAL RECORDS WILUAMSON 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.
06 INC.
MOSROC N 8'�9
2po a 8 C_
0
P.O.B.
(FOR 4.86 & 2.4-8
ACRE TRACTS)
NAIL SET IN ROCK
CH URCH
DES pf C1'SR\513V'
Cp0 N. 1,31,
P R'
"FXHIRIT A
SCALE 1" = 20
BEARINGS BASED ON
STATE PLANE COOR
SYSTEM (CENTRAL
NAD83.
ENTRYWAY.
LANDSCAPING, & SIGN
EASEMENT
2002096420
SIDEWALK EASEMENT
#2 00302 2821
LINE
NUMBER
L1
L2
L3
L4
DIRECTOR
5 19'4826" E
5 2E39'39" W
S 70'20'32' W
DISTANCE
23.89 FT
86.57 FT
135.09 FT
N 70'24'16' E 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
S 37'15'38" E
S 29'52'37' E
LEGEND
1/2 IRON PIN FOUND
(UNLESS OTHERWISE NOTED)
1/2' IRON P119 SET
14/YELLOW PLASTIC CAP "CCC4835"
OFFICIAL RECORDS WILLIAMSON CO.
•
O
P.R.W.C.
PLAT RECORDS WILLIAMSON CO.
SHEET
1
OF 3
RECORDERS
Ali 0 puts of text on this page was not
1.'1.414 for aaeisfee?06Y rAnaatiall.
FIELD NOTES
JOB NO:
3041 7_CHURC H_OF_ CHRIST_ 1431 /DOCUMENTSJMEfESBBOUNDSrEX3_12t 103_2
DATE: DECEMBER 11,2003
PAGE: 3 OF 3 (EXHIBIT ATTACHED)
2.46 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 1437,45 acres in a
Deed granted to Tom E. Nelson, Jr. Trustee 51, 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 sel 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 °24'18° E 250 feet with the south line of said MDSR GP, INC. Tract to a W iron
pin wM a yellow plastic cap inscribed "CCC 4835' set in the west line of Mayfield Ranch
Boulevard, a 64' 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 (e=05 ° 26'21', r = 1150.50 feel, lc
bears S 37 °15'38' E 109.18 feet) to a W iron pin with a yellow plastic cap inscribed
"CCC 4835' set,
2. S 39 °58'48" E 349.06 feet to a W iron pin with a yellow plastic cap inscribed "CCC
4835 set,
3. 341.38 feet along a curve concave to the southwest (A =20 °1222', r = 968.00 feet, lc
bears S 29°52'37' E 339.61 feel) to a W iron pin with a yellow plastic cap inscribed
"CCC 4835" set,
4. S 19 °46'26" E 23.89 feel 10 a %° iron pin with a yellow plastic cap inscribed 'CCC
4835' set,
5. S 26 °39'39' W 86.57 feel 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 ° 20'32' W 135.09 feel 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 2.46 acres of
land.
Bearings based on Texas State Plane Coordinate System (Central Zone) NAD 83(93).
Castleberry Surveying, Ltd.
203 South IN 35, Suite 101C
Georgetown, Texas 78628
Clyde C. Castleberry
Registered Professional Land Surveyor No. 4835
CCC /ch
Westside Church of Christ - Nelson Tract
Rezoning from PUD to PF
Westside Church
of Christ
Z -o4- 03 - R5 -13 DD-
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2004037278
05/12/2004 11:48 AM
CARRILLO $28.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Pas e_, rL rA
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664