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O-2017-4138 - 2/9/2017ORDINANCE NO. 0-2017-4138 AN ORDINANCE AMENDING THE ROUND ROCK COMPREHENSIVE PLAN, CODIFIED UNDER SECTION 46-8, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE FUTURE LAND USE MAP OF THE GENERAL PLAN 2020; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, a request has been made to the City Council of the City of Round Rock, Texas to amend the Future Land Use Map of the General Plan 2020, by changing the designation of 10.46 acres out of the Asa Thomas Survey, Abstract No. 609 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from the Residential Designation to the Commercial Designation, and WHEREAS, the City Council has submitted the requested change in the Future Land Use 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 4th day of January 2017, 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 Future Land Use Map of the General Plan 2020 be amended so that the property described in Exhibit "A" be designated as Commercial, and WHEREAS, on the 9th day of February, 2017, after proper notification, the City Council held a public hearing on the requested amendment, and 0112,1704; 00371532 WHEREAS, the City Council determines that the amended land use designation amendment provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement concerning 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: That the Future Land Use Map which is contained in Chapter 6, designated as Map 6.2 of the General Plan 2020, adopted in Section 46-8, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the land use designation of the property described in Exhibit "A" is hereafter Commercial. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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 day of TMEAV ��� Alternative 2. READ and APPROVED on first reading this the day of , 2017. READ, APPROVED and ADOPTED on second reading this the day of )2017. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 3 CRICHTON AND ASSOCIATES LAND SURVEYORS 6448 HIGHWAY 290 EAST SUITE B-105 AUSTIN, TEXAS 78723 512-244-3395 FIELD NOTES FIELD NOTES FOR 5.I875 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT CONVEYED TO FARID AGAHI BY DEED RECORDED IN DOCUMENT NO. 2013003398, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 5.1875 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: EXHI A Page -4- of 3 BEGINNING at a %z" iron rod set in the South R.O.W. line of Gattis School Road, being the North common corner of this tract and a 5.27 acre tract conveyed to Lloyd R Rodenbeck, Jr. et ux by deed. recorded in Document No. 1999075263, Official Public Records, Williamson County, Texas, for the Northeast comer of this tract and the POINT OF BEGINNING, whence a %" iron rod found for the Northeast corner of said 5.27 acre tract bears N87°01' 12"E a distance of 338.45 feet and a %2" iron rod found bears S I 1 °I 1' 13"E a distance of 2.01 feet; THENCE SI 8043'05"E with the common line of this tract and said 5.27 acre tract a distance of 793.24 feet to a''/2" iron rod found in the North line of a 5.540 acre tract conveyed to Richard Nord by deed recorded in Volume 906, Page 289, Deed Records, Williamson County, Texas, for the Southeast corner of this tract; THENCE S87052'51"W with the common line of this tract and said 5.540 acre tract a distance of 264.31 feet to a %s" iron rod found in the East line of a 6.527 acre abandoned railroad R.O.W. tract owned by the State of Texas (no deed found), for the Southwest corner of this tract; THENCE N23044'12"W with the common line of this tract and said 6.527 acre tract a distance of 796.58 feet to a %" iron rod set in the South R.O.W. line of said Gattis School Road, for the Northwest comer of this tract; THENCE N84029'13"E with the South R.O.W. line of said Gattis School Road and the North line of this tract a distance of 331.75 feet to the POINT OF BEGINNING and containing 5.1875 acres of land, more or less. 1 hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision, and are true and correct to the best of my knowledge and belief. Witness my hand and seal November 2151, 2016 Herman Crichton, R.P.L.S. 4046 16_216 O F TF HERMnN C CH N <rA...4. 5... �SUR`1� EXHIBIT "All I I Page �?- of -3 BEING THE REMAINDER OF LOT 2, WESTVIEW, AN UNRECORDED ADDITION 11 THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNT-) TEXAS, AND BEING ALL OF THAT C�ftTAIO TRACT OF LAND DESCRIBE'10, 11 VOLUME 1666, AT PAGE 775, AMONG THE OFFICIAL RECORDS OF- SAIi COUNTY AND STATE, SAVE SAND EXtePT THAT'CERTAIN TRACT OF LA146`A, DESCRIBED IN DOCUMENT NO. 9554064 AMONG THE OFFICIAL RECORbS O SAID COUNTY AND STATE, AND BEING MORE PARTICULARLY DESGRMB'6,A FOLLOWS: BEGINNING at a 1/2 rebar set in the south right-of-way line of County( �o'ach-Na. 168, known locally as Gattis School Road, for the northeast corner here(af-and. of said tract, from said point a Y inch rebar found bears S 89° 52' 10" E, 340 00 THENCE, south, with the east line hereof, and being the commo'h line bf said tract and the west line of the McCrary tract as described in Volume 905;_`a Page 485 among the DEED RECORDS of said county and state ; S 110 16' 50" E, 780.76 feet to a Yz inch rebar found in the north line of the Nord tract a�-described in Volume 906, at Page 289, among the DEED RECORDS of said bounty -an -d - state, for the southeast corner hereof and of said tract; THENCE, leaving said line and continuing'west witly he south line hereof S 90° 00'00- W, 263.63 feet to a 3/8, inch rebar found at the common sot tk%corher hereof and of the Houston tract as described in Volume 743, at Pagof47 among�the DEED RECORDS of said county and state, for the southwest corner herebf, THENCE, leaving said line and c9` inurn north with the west line hereof and being common to said Houston tract `� ((J j N 16° 40'40"W, 791.6S;fe6t., to a Y2 inch rebar set in said south,.ndht-of-way line for the northwest corner hereof and being common to said',Savel 6d Exccept tract; THENCE, leaviny��;saidline'and,continuing east with said south right-of-way line and the north line hereof; ,I e hg common to said Save and Except tract N 88° 45 2b" -E; 33$:-97 feet to the TRUE POINT OF, -BEGINNING and containing within said boundaries 5.27 acres of land. The b"4sis of}bearings for the hereinabove described tract being shown on the plat attached ii'"reto and made a part hereof. OF �Q� �° 4 ELD NOTES ONLY TO BE 9 ,,, s ocoa RalED WITH ATTACHED PLAT i;i�l�mes Ochoa '"': �' 4 "" - P. Registered Professional Land Surve 0 10 29099_WRR State of Texas ya''""v Ej 8 October 1999 Rev 02 NOV 99 sua t - Prepared By: - ._ !•:; _ret EXHIBIT - Texas Surveyors,_ Inc__ :.Com:`: ` H r.v. 55'1916 866.7.6 P Sch . + Page of .2882 13492 Research Oatdcvartl.ust 120-402 Boti.1918FWIC 1 0-402 _ Au•.tin. T%78750 PROPERTY ADDRESS: 169CP,/GATTISSCHOOL ROAD ROUND ROCY.,Texas78665 SURVEYIJUMBER: 1107.0553 FIELD WORK DATE: REVISION DATE(S): tr�AT mvrani (—Doc. Plc. 9,5603366 Tk1109.0553 1 The City of Rcund Rock NOTES: BOUNDARYSURVEY (O. SJ "'-' e_ FENCE MWI-RS1RP NGT OETERtIMED r21,�)ac, oepiernCvr U.C.W.S. UNDERGROUND CARL WArUING SC1 WILLIAMSONCOUNTY % GA TTI - C-1 ICL RO,4 fi ((, X11%` ! ;4 RI F ) ( T. J'�. No. 1 C' ii N 89'47'28" E 339.95 (!!) f L2 U.C.IL'.S. t{' L4 1/2' FIR N 89'47'28" E 340.00' (0) i/2- F n' i r T�i'S' SJRCt N 884335 E 338.17' (D) sIRC N 6'12'46 E 331.75 (D) 1 1N 88.43'35" E 338.17' A! 75' TEL ( ) 61(ht) N 82'46" E 331.70 R. (PER DE_D) TABLE: Lt N21'59'32"W 29.06' (D) _ _Do" No. 5`03' L2 S89'54"E 340.00' (D) APPROXIMATE\LIMIT : J:: City of prund Ruck L3 NI6'56'07"W 6.56' (D) OF ZONE AE ZONE X (0 025 Acres) ' C N89'47'28"E 34D) 0.00 ( ACCORDING T ` JJCiObcr i0, 719,15L4 SCALING '\ � l ASA THOMAS SURu<Y, A — 609 ' L u0 J ~a y\ THIS TRACT Is s a ECT lJ. TO A TU: FCOT U'CE t: O . � 5.19 ACRES + Sur ARCU110 THE O — BCUTA)ARY Cr ALL LOTS F6t FUEUC tG .i •,� 0:4 \ unuIn l:otW I T1:nEs sCas 713E FE51n ' c ' ytf• ,- en �. AnaeHED ro toe. Ho. SON CU! JT- :, m RE[G.OS. mac, CTvQ< Irc H. Fioustan et ux — \ January p, 1979 stn "v"T & _STRICCClJS, COrNA.YIg, AND CC:IgnO:. VACAN ( - CiT I-.IRS: \ O�w nAi PAY BE APPUCAS,C TO THE WID BY f 13 RE SON OF A COMMON SCHEME Or \ >- tQJ .' �• OEl_LO+V.-4f %ITHIN ni- SUBOI.Fjon CR OTHER ECL•ITABLC BASIS FOR "RUING 11" e• SAVE TO Tr LAND. A RL RESEMARIE: O EXAVrLE CF SUCH FESiRICRG.YS, CJ'TnA:JR. ­3 CC::DITI_VS BEING THDSE ArPEARn:C AS - AMMIDUM 1 OF EXHIBIT TA XHIBIT -0- ATCI-m TO \ C9:uvERT 110..721554. OF1091. RECCIIDS OF a'WAUSCIJ County. TctnS. \I, TCA) ELECTRIC AND TELEPHONE EASEMENT ZONE X LOT 1 LOT 2 REMADE[) 1:1 MWE 710. PACE IN. RECORDS. h-LUAV5F7 CG:HTT. TEXAS, CO?S IESTVIEVI SUBDIVISION 1:ot AMCT suar_cT rRa-ERTY) (UNRECORDED) \t (3F ZONE AE tr'cE......7•� .1 pt�oT l7Egq p t/2" FlRC s,4i,`.1 NO c ;�� \ 3/9' FIR tYtI0RO5E .......................p 4...a x—z—z---x—z o 0 YA)1.-41/2- R S9C'OD'1'1 263.79' (D) N°l3:='U'00"E 263.63' (D) 1/2" FIR y� JrBip�R.1 v 589'36191'/ 264.47 %.M) N69.41.00"E 263.11' (Ta) ,�9ss1�;�+,r :, a 5icF.(5. 3 srd et e I HEREBY CERTIFY THAT THIS PLAT REPRESEN S THE ""y T I'E3 RESULTS OFA SURVEY MADE ON THE GROUND ON THE 14TH DAY OF SEPTEMBER 2011, AND THAT ALL EASEMENTS Tso 0 75 TSD AND RIGHTS—OF—`NAY ARE SHOWN PER PLAT AND 1:7THIN G.F. NO. 1114479—HMG, EXCEPT THOSE NOTED AS NOT I\I (Feet) PLOTTABLE, AND THERE ARE NO VISIBLE ENCROACHMENTS GRAPHIC SCALE (in �_ OR OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOVIN I incli = 150' LL. � HEREON AND THE PROPERTY HAS ACCESS TO A DEDICATED RIGHT_0F—lYAY PFR PI AT . POINTS OF INTEREST: NONE VISIBLE FLOOD INFORMATION: 'oy'�Jeriorming a .earth with the local govuming municipality on:nw.fema.gov, the propertypears to 6e located in zone X and AE (vBth a Baso Flood Elevalicn o v351.Thi:P: operty— found in CITY OF ROUND ROCK, community number 461048. date' ,07/26/03. CLIENT NUMBER: DATE: 9/19/2071 K.C. Na-havi1I11 -_ REALTOR' k)TOSin@ rall00.con-1 WWtv.austinsk)' inerealtyconT 512.335.6055 BUYER: FaridAgahiand Farrah Agahi SELLER: • CERTIFIED TO: FARID AGAHI AND FARRAH AGAHi; HANCOCK & - - -` LB-. mu"? CO NICGILL, L.L.P; CHICAGO TITLE INSURANCE COMPANY - _ IWAY.BMI8365.Com P (512)782.9398 • F (512)782.9399 This is page 1 of 2 and is not valid without all pages. P 9 P 9 I = `• S ' "=. 5300 North Braesmod, 44.311, Houslon, TX 77096