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Z-06-08-10-9B1 - 8/10/2006ORDINANCE NO. Z - 0(D - 03-10 - 98 I 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 ORIGINALLY ZONE 32.172 ACRES OF LAND, MORE OR LESS, LOCATED AT THE SOUTHEAST CORNER OF CR 122 AND CR 123, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT AG (AGRICULTURAL). WHEREAS, the City of Round Rock, Texas has recently annexed 32.172 acres of land, more or less, located at the southeast corner of CR 122 and CR 123 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 12th day of July, 2006, 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 in Exhibit "A" be originally zoned as District AG (Agricultural), and WHEREAS, on the 10th day of August, 2006, 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 @ProesktopA.:orMA/wOHGFOX/0:/wdox/OROINANC/06081081.WP0/sc Original Zoning Ordinance 6/06 WHEREAS, Sub -Chapter A., Section 11.400, each and every requirement set forth in Chapter 211, Texas Local Government Code, and Section 11.300 and Code of Ordinances Rock, Texas concerning (1995 Edition), City of Round public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY 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 AG (Agricultural). 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. 2 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 ID day 2006. Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of 2006. ATTEST: NY City f CHRISTINE R. MARTINEZ, City Secreta 3 Y /AO WE , '-Yor Roun. Rock, Texas The subject property consists of 31.172 acres of land and 1.000 acre of land, more particularly described in the attached field notes. '10i 663 flc&165 unpaid principal to the date of each installment paid and the payment credited first to the discharge of interest accrued and the balance to the reduction of principal, said note containing the usual and customary default maturity and attorneys fees provisions and being secured by a vendor's lien and additionally secured by a deed of trust lien as contained in the' deed of trust with power of sale of even date herewith to N, O. Whitlow, Trustee, hate GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto the said Travie D. Johnson and wife, Edelgende Johnson, of Williamson County. Texas, the following described tract or parcel of land lying and being situated in Williamson County, Texas, .to -wit: BEING 3/-172 acres of land out of that 53, 535 acre tract of land conveyed to Joe S. Kotrla, and wife, M, Faith Kotrla, being recorded in VoL 534, Page 688, Deed Records, Williamson County, Texas, and being more particularly described by metes and bounds as follows, to -wit: I3EG1NNINC at an iron rod found in the easterly r. o. w. of -a County Road as fenced, Bald point of beginning, also being the southwest corner of the aforementioned 53. 535 acre tract. Said iron rod also being the southwest corner of the herein described 31.172 acretract; THENCE North 01 deg. 12 min. west 822.00 feet atop the easterly t. o.w, of a Countto g for the northeast corner oft eoherein described tract; an iron rod found THENCE South 82 deg. 44 min. East 860. 32 feet along the south- erly r, 0. w, of a County Road as fenced to an iron pipe set for the northwest corner of a OneAcre Tract; THENCE South 7 deg. 16 min west 208, 71 feet to an iron pipe set for the southwest corner of a•OneAcre Tract; THENCE South 82 deg. 44 min. east 208. 71 feet to an iron pipe set for the southeast corner of a. One Acre Tract; THENCE North 7 deg. 16 min, East 208, 71 feet to an Iron pipe set in the southerly r. o. w. of a County Road as fenced for the northeast corner of a One Acre Tract; THENCE South 82 deg, 58 min, east 231. 03 feet along the southerly r. o. w, of a County Road as fenced to a fence post for an angle point; , THENCSouth 83 deg. 32 min, Fast 399. 05 feet along the southerly r. o. w, of a County Road as fenced to a fence post for an angle point; •1 vg l 663 reg 166 THENCE South 88 deg, 09 min. 30 sec east 153.57 feet along the southerly r, o. w, of a County Road as fenced to a fence post for an angle point; THENCE North 87 deg. 52 min. 30 sec. east 169,14 feet along .' the southerly r. o. w, of a County Road as fenced to an iron rod found for the northeast corner of the herein described tract; THENCE South 01 deg. 23 min. east 580.31 feet along the meanders of a fence to an iron rod found for an angle point; THENCE South 01 deg, 40 min east 42.00 feet along the meanders of a fence to an iron rod found for the southeast corner of the herein described tract; THENCE North 89 deg. 49 min, west 1996.85 feet to THE PLACE OF' BEGINNING and containing in all 31.172 ACRES OF LAND. TO HAVE AND TO HOLD the above described property and premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Travis D, Johnson and wife, Edelgunde Johnson, their heirs and assigns, forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said property and premises unto the said Grantees herein, their heirs and assigns, against every pereon,whornsoever lawfully claiming,' or to claim the same, or any part thereof, subject only to all easements appearing of record applicable to the property hereby conveyed. WITNESS ITS HAND this the 30th day of March, A. D, 1977, S. Y. D. A. FOUNDATION THE STATE OF TEXAS, j COUNTY OF WILLIAMSON. j BEFORE ME, the undersigned authority, on this day personally • appeared Joe S. Kotrla, Attorney in Fact of S. Y. D. A. Foundation, known to me to be the person whose name is subscribed to the foregoing instrumen ,and,a�caknowledged to me that he executed the same for the purposes aid '.e$` rfsir.4i'atlon therein expressed and in the capacity therein stated, GLEN: UNDER MY HAND AND SEAL OF OFFIC W of Marc$ pA, D. 1977, et ay �K�+ e/ 1, Fac Notary Pu lit in an. for W County, Texas 1101 81.2r1ce 566 TNS STATEOF TEXAS COUNTY OP WILL/ANSON fAcknowledgmean Before me, the underaiyned authority, on this dry personally appeared JOE S. XOTRLA known to me to be the Reran whose name that.._._ ha.._._ executed the soma for the pnrpouea and Ohm under my band and .al el office on till. tlm . wbscribed to the foregoing imtrumenI and acknowledged to me tmmiderauon therein expressed• Notary Public in and for r311 My commiadoe ia...._on.L.a:._.._.�..:.TI notary) �� TILL liuson (Primed or stamped pante of /5.--.�.:..�_.....ir'. •'i'1 a�ra'a0.it moo EXHIBIT "A" Being 1.000 acre of land out of that 53.535 acre tract of land out of ROBERT NcNUtT SURVEY, ABSTRACT 422, Williamson County, TeOOS, as conveyed to Joe S. Nott le and wife, N. Pnitb Kettle, being recorded 1n vol. 574, page 688, trued Recordajsywllllasson County, Tema, and being more particularly described by mutes.: and bounds as follows, to -wits BEGINNING for reference at an iron pipe set for the northwest corner of the herein described 1.000 acre tract of land. Said point being North 01 deg, 12 min. West 822.00 feet along the easterly R.O.W. of a County Road as fencedto an iron rod found; THENCE South 82 deg, 44 min. East 860.32 feet along the southerly 1.0.14 of • County Road as fenced from an Iron red found, said point being the southwest corner of the aforementioned 53,535 arra treat; THENCE South 82 deg. 44 min. East 188.92 feet along the southerly R.O.W. of a.County Road as fenced to s. fence post for an tangle point; THENCE South 82 deg. 58 min. east 19.79 feet along the southerly R,o,w, of a County Road as fenced to an irosr pipe set for the northeast corner of the herein described tract;. TREMOR South 7 deg. 16 min. West 208.71 feet to an iron pipe setfor the soothing[ corner of the herein described tract; THENCE North.82 deg. 44 min. west 208.71 feet to an iron pipe est for the southwest earner Of the herein described tract; THENCE North 7 deg. 16 min. east 208.71 feet to the PLACE Of BEGItN/ING end containing In alt 1.000 acre of land. THE STATE OF TEXAS Couel7 of WNBamsoa } 1, James N. go rih the f ydsloe, [Clerk of the County Court of and County, do hereby ger- that omrojn.tnstrumml in writing, with N. aeiti0cue o1 piheViatien, WAS Bled for Meld In my office on n.. —lath_ day of Qct. A.D.i9ilQ..,-t 1.1""�0,. 16. 1 i h O t �"'+-� o'clock ---8_ and aduly recorded Ibisday of_QCt A•DS19 o .0 --Be ] D_ n•ebek -._2_M in the Recoeds of raid County, in WITNESS MY HAND and sal of the VW, g l� S6 d last above written. Co+d^R �� of saidCounty, at nicks in Georgetown, Tp, the dye B747/ -44414-2 -i- -- Duty JAMES N. BOYDSfON, CLERK, County Court, WiiNiamson Courcy, Tents 4 V' ai 1 V 0 ims cti Lo V et N N awlM 0 tk •- 0 N ...y io 0 It rutttttetw& OE IsoIN INN�MI lasNIt DATE: August 3, 2006 SUBJECT: City Council Meeting - August 10, 2006 ITEM: 9.B.1. Consider an ordinance zoning 32.172 acres of land, more or less, at the southeast corner of Red Bud Lane and CR 123 to AG (Agricultural). (Also known as the Johnson Tract) (First Reading) Deoartment: Staff Person: Justif_ ick: Planning and Community Development Department Jim Stendebach, Director This property was involuntarily annexed by the City on July 13, 2006. Because the owner did not request the annexation and has no development plans at this time, we are recommending AG (Agricultural) zoning to reflect the current use. Fd: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Planning and Zoning Commission recommended approval of the proposed zoning at their July 12, 2006, meeting. Public Comment: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on July 12, 2006.