R-06-07-13-14E1 - 7/13/2006RESOLUTION NO. R -06-07-13-14E1
WHEREAS, the City of Round Rock, a Texas home -rule municipal
corporation ("City"), and Westside Church of Christ, a Texas nonprofit
corporation ("Owner"), agreed that Owner's property should be impressed
with certain covenants and restrictions, and
WHEREAS, the Owner executed a Restrictive Covenant on the 4th day
of November, 2003, and a First Amendment to the Restrictive Covenant on
the 26th day of January, 2004, and
WHEREAS, the Restrictive Covenant may be terminated by joint
action of the City and the Owner, and
WHEREAS, the City Council desires to terminate and release the
entire Restrictive Covenant, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City the Release of Restrictive Covenant, a copy of same
being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution 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.
RESOLVED this 13th day of July, 2006.
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R
NY -LE MAXWELL, Mayor PRO min MAN maseAuf
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
@PFDesktop\::ODMA/WORLDOX/O:/wdox/RESOLUTI/R60713E1.WPD/rmc
RELEASE OF RESTRICTIVE COVENANT
This Release of Restrictive Covenant, hereinafter called the "Release" 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, on the 4th day of
November, 2003, Document No. 2003123916, and that certain First Amendment to the
Restrictive Covenant, on the 26th day of January 2004, Document No. 2004022947, which the
City approved as to form and content, hereinafter collectively called the "Restrictive Covenant";
and
WHEREAS, the Restrictive Covenant may be terminated by joint action of the City and
the Owner; and
WHEREAS, the City and the Owner agree that the Restrictive Covenant should be
terminated;
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 as follows:
Agreement:
1. The parties agree that the recitals provided above are true and correct and are adopted as
part of this agreement.
2. The parties agree to terminate and release the entire Restrictive Covenant, which shall be
of no further effect.
IN WITNESS WHEREOF, the City and Owner have caused this instrument entitled
"Release of Restrictive Covenant" to be executed on this the day of the month of
, 2006.
APPROVED AS TO FORM:
Stephan L. Sheets
City Attorney
City of Round Rock
Release of Restrictive Covenant 6-12-06 (00100732).DOC/vr
Page 1 of 3
EXHIBIT
"A"
CITY:
CITY OF ROUND ROCK,
a Texas home -rule municipal corporation
BY:
Nyle Maxwell, Mayor
OWNER:
WESTSIDE CHURCH OF CHRIST,
a Texas nonprofit corporation
BY:
Liniel Click, El er
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on , 2006, by
Nyle Maxwell as Mayor of the City of Round Rock.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF (,l,�C,�,y,.�o,.--� )
This instrument was acknowledged before me on
Liniel Click as Elder of Westside Church of Christ.
AitY BERNADETTE k HAYES
' ` MY COMMISSION EXPIRES
x �i.a', August 17, 2006
Notary Public, State of Texas
Page 2 of 3
, 2006, by
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
DATE: July 6, 2006
SUBJECT: City Council Meeting - July 13, 2006
ITEM: 14.E.1. Consider a resolution approving the release of the Restrictive
Covenant covering Lot 1, Block A, Westside Church of Christ Final
Plat.
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The Westside Church of Christ restrictive covenant is no longer warranted because the City's
Traffic Impact Analysis (TIA) policies have changed to allow for approval or waiver of a TIA
at the time of site development permit application rather than at zoning application. The
restrictive covenant was put in place at the time of rezoning to ensure a TIA would be
undertaken prior to the addition of additional building square footage. Given the city's new
policies, the restrictive covenant is no longer necessary.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This restrictive covenant originated as part of the rezoning of this tract in November of
2003. An approved TIA was required as part of the rezoning, but since the Church did not
have a master development plan at that time, a restrictive covenant was agreed to between
the Church and the City in order to defer the TIA requirement until the Church had exact
development plans. Since 2003, the City's TIA policies have changed to allow for the
approval or waiver of the TIA at the time of site development permit application. This new
policy allows for the TIA to more accurately reflect the exact development proposed at the
time. With this policy in place the restrictive covenant is no longer necessary.
Westside Church of Christ is located at 3300 FM 1431.
Public Comment: None required
EXECUTED
DOCUMENT
FOLLOWS
.
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3 PGS
2006061995
RELEASE OF RESTRICTIVE COVENANT
This Release of Restrictive Covenant, hereinafter called the "Release" is
made by and
between the City of Round Rock, a Texas home -rule municipal corporation
"City" p rp hereinafter called the
Ci ty and Westside Church of Christ, a Texas nonprofit corporation, hereinafter rp called the
"Owner".
.
WHEREAS, the City and Owner agreed that Owner's property should be impressed with
th
certain covenants and restrictions; and
WHEREAS, the Owner executed that certain Restrictive Covenant, on the4th
day of
November, 2003, Document No. 2003123 916, and that certain First
Amendment to the
Restrictive Covenant, on the 26th day of January 2004, Document No.
. 2004022947, which the
City approved as to form and content, hereinafter collectivelycalled the "Restrictive";
and Covenant";
WHEREAS, the Restrictive Covenant may be terminated byjoint action of the City and
the Owner; and
WHEREAS, the City and the Owner agree that the Restrictive Covenant
should be
terminated;
NOW THEREFORE, that for and in consideration of the mutualrom'
p ises contained
herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, the City and the Owner agree as follows:
Agreement:
1. The parties agree that the recitals provided above are true and correct and are adopted as
part of this agreement.
2. The parties agree to terminate and release the entire Restrictive
Covenant, which shall be
of no further effect.
IN WITNESS WHEREOF, the City and Owner have caused this instrument entitled
"' elease of Restrictive Covenant" to be executed on this the
ig da of the month of
i
2006. y/ 1
APPROVED AS TO FORM:
Steph. L. Sheets
City Attorney
City of Round Rock
Release of Restrictive Covenant 6-12-06 (00100732).DOC/vr
RO1pm 07-13• Nei
Page 1of3
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY:
CITY OF ROUND ROCK,
a Texas home -rule municipal corporation
BY:
NyMaxwell, Mayor
OWNER:
WESTSIDE CHURCH OF CHRIST,
a Texas nonprofit corporation
Liniel Click, Eli er
This instrument was acknowledged before me on
Nyie4efaxwct as Mayor of the City of Round Rock.
R1.4J flic4k ThAyoR. PRo-rsm
STATE OF TEXAS
COUNTY OF (,( )
_Tu` -`-y `2, (-( , 2006, by
-)276oe')A_
Notary Public, State of Texas
This instrument was acknowledged before me on
Liniel Click as Elder of Westside Church of Christ.
"Ink%
i
BERNADETTE A. HAYES
MY COMMISSION EXPIRES
August 17, 2006
c:9-1 , 2006, by
/41c"r''
Notary Public, State 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
g_/e
/ "074.
,e,e
Page 3 of 3
FILED AND RECORDED
DFFICIAL PUBLIC RECORDS 2006061995
C-Rdky,
08/09/2006 04:25 PM
CARRILLO $24.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS