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O-2017-4139 - 2/9/2017ORDINANCE NO. 0-2017-4139 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 10.46 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT CAA (GENERAL COMMERCIAL - LIMITED); AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 10.46 acres of land out of the Asa Thomas Survey, Abstract No. 609 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 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 Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as District C -1a (General Commercial - Limited), and WHEREAS, on the 9th day of February, 2017, after proper notification, the City Council held a public hearing on the proposed original zoning, 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 46-92 and Section 46-132, Code of 0112.1704; 00371540/rmc Original Zoning Ordinance 7/13 Ordinances (2010 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the City Council has considered and hereby makes the following findings regarding this original zoning: 1. It is consistent with the general plan; 2. It is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. The affected property is suitable for existing uses that are and would be permitted by District C-1 a (General Commercial - Limited); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the existing uses in District C-1 a (General Commercial - Limited). That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 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 C-1 a (General Commercial - Limited). 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. 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 12017. Alternative 2. READ and APPROVED on first reading this the day of 2017. READ, APPROVED and ADOPTED on second reading this the day of 12017. ATTEST: SARA L. WHITE, City Clerk ALAN MCGRAW, Mayor City of Round Rock, Texas 3 EXHIBIT A CRICHTON AND ASSOCIATES Page —4-- of LANDSURVEYORS 6448 HIGHWAY 290 EAST SUITE B-105 AUSTIN, TEXAS 78723 512-244-3395 FIELD NOTES FIELD NOTES FOR 5.1875 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: BEGINNING at a %2" 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 corner of this tract and the POINT OF BEGINNING, whence a W' 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 I' 13"E a distance of 2.01 feet; THENCE S1 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 S87052151"W with the common line of this tract and said 5.540 acre tract a distance of 264.31 feet to a'/2" 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 N2304411211W 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 corner 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. I 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 HERy1NN..0 C..r N n <rg9 4.. 6.�Pv �.. + ` z*, URI _ EXIJIBIT EXHIBIT "A'3 I 1 Page �?- of -3 S 1i,, ,lr,'-I-,IIS?Jjq" ' BEING THE REMAINDER OF LOT 2, WESTVIEW, AN UNRECORDED ADDITION 11 THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTI TEXAS, AND BEING ALL OF THAT CJ~RTAI� TRACT OF LAND DESCRIBEl)-J11 VOLUME 1666, AT PAGE 775, AMONG THE OFFICIAL RECORDS OF'-SAIi COUNTY AND STATE, SAVE 'AND •Eft, ePT THAT -CIERTAIN TRACT OF LA'16`4 DESCRIBED IN DOCUMENT NO. 9554064 AMONG THE OFFICIAL RECORbS O SAID COUNTY AND STATE, AND BEING MORE PARTICULARLY DES(ARISED:;A FOLLOWS: BEGINNING at a 1/2 rebar set in the south right-of-way line of County] toad --Na. 168, known locally as Gattis School Road, for the northeast corner hereof a_ndf s , oaid tract, from said point a Yz inch rebar found bears S 89° 52' 10" E, 340 0()�, beef;` THENCE, south, with the east line hereof, and being the common tine`bf said tract and the west line of the McCrary tract as described in Volume 905;, -at Page 485 among the DEED RECORDS of said county and state S 11° 16' 50" E, 780.76 feet to a '/z inch rebar found in the north line of the Nord tract'as-described in Volume 906, at Page 289, among the DEED RECORDS of said - nt- an state, for the southeast corner hereof and of said tract; THENCE, leaving said line and continuing'west wh he south line hereof S 900 00' 00" W, 263.63 feet to a 3/8, inch rebar found at the common sodth: comer hereof and of the Houston tract as described in Volume 743, at Page f47 among,the DEED RECORDS of said county and state, for the southwest corner here;; THENCE, leaving said line and c9-6 wingnorth with the west line hereof and being common to said Houston tract (J j N 160 40'40"W, 791.6fe" to a Y2 inch rebar set in said south,iigbt-of-way fine for the northwest corner hereof and being common to said,$aveland Except tract; THENCE, leavinc'sald line,and continuing east with said south right-of-way line and the north line hereof, lierlgommbn to said Save and Except tract N 880 45'20"• -E -,-33'&.A7 feet to the TRUE POINT -OF -BEGINNING and containing within said boundaries 5.27 acres of land. The b�a(sis of}6eanngs for the hereinabove described tract being shown on the plat attached f"'e.Ieta and made a part hereof. OF . �° 4 ELD NOTES ONLY TO BE SOCHOA Ral6igi�lemes Ochoa '"': ' 4 ""........... ED WITH ATTACHED PLAT 226 Registered Professional Land Surve 'a.fu?{o, 10 29099_WRR State of Texas S U Ry 8 October 1999 Rev 02 NOV 99 Prepared By: - (— Ll N21'59'32"W 24.06' (0) EXHIBIT L.,aL APPROXI\(ATE`LIMIT \ _iL2 : Ie Ci;•: of Rcumf Rock L3 N16'56'07"17 5.56' (D) OF ZONE AE \ ZONE X \-609 (0.025 Texas Surveyors, Inc_ L4 N89'47'28"E 340.00' (D) ACCORDING T p lvww6 F 8Cta314.28 P86G.7351916F86G7.14.2882 -�- p Page QI 13492 Research 8odtwartl, SINIO 12D - 402 _ Au -.Cat TX 78750 : j PROPERTY ADDRESS: 169 CP. / GAT TIS SCHOOL ROAD ROUND ROC-., Texas 72655 %rD�\ 7t+✓ r.-, l.•3 -' SURVEY NUMBER: 1109.0553 FIELD WORK DATE: 9nm-an REVISION DATE(S): ur:7 on:r.Gn) ATHE- ECL'IDATT- OF ALLLOTS Doc" No. 9660; 36 TX ! The Cit/ of icund ROCA NOTES: ^• b ��' BOUNDARYSURVEY% (0.l -3 " ' res) FENCE D'ViVERSHIP NOT DETERtt111ED r ep;ember21, i` g4 I7/ILLMAISMCOUNTY % ., O.CA'L5. UNDERGROUND CABLE Y,'-rNI:C SG; CATTIr. c D:. {) D (" ir; . ; ll �, L LD _ O D' \ Val. 743, Pg. 647 N 89'47'28" E 339.95' (:1) 1 L2 r V.C.Yl.S. 4L LS 1/2" FIR N 89'47'28• E 340.00' (D) 1/2_ F' i INI.S. �z"` SIRCL N 88'43'35- E 338.17' D • TEL ' 331 75 (D , N 88+3'35" E 33" 17' �11; �'�• IS.RE N 6'12 46. E o. .. \kk N 8612'.(P E 331,7. (i•() (PER DEED) TABLE: Ll N21'59'32"W 24.06' (0) S85'SM1'E 340.00' (0) APPROXI\(ATE`LIMIT \ _iL2 : Ie Ci;•: of Rcumf Rock L3 N16'56'07"17 5.56' (D) OF ZONE AE \ ZONE X \-609 (0.025 Acres) L4 N89'47'28"E 340.00' (D) ACCORDING T Oc(ohcr 10, i9j°5SCALINGASA THOMAS SIJ 2 * 1 J= ` •Q 'aOO 2_ O 5.1Q (l_S 7RACT 15 5:3JECi 70 TEFOOL II SIR- %rD�\ 7t+✓ r.-, l.•3 \{} ATHE- ECL'IDATT- OF ALLLOTS r ' F\ 0.IL RE..aFO FGpUEuc NN UTILITI'_$ AS NOTED I:I ^• b ��' dlj1 , THE ZS7C..CTIG::S �•:.• ATTACHED TD DOC. No. 972.55. nL' -L .O D:. {) D 0:u, 0 a.WAUSON CCU'ITY LD _ O D' \ Val. 743, Pg. 647 OI G:I 0,�: CMDAL PU2u= r•ECaDS. Ira H. Hous(Cn e( �'�• -, ^-r r^m ux ;O \ (5.3i Acres) *\- J JinitClf;l S. in7SI IES: RESTRICDC j, AND nC:. \ VAC AN' i Lp W r :' 3 `!7 A UC--Stfil A 11AT APPUCADLE TO TH= LAl:D DY P LC, I.SCN OF A CO -0U SCHEUE CF \ L_LGU@iT man:I mE 9J•u^IUJC!r CR •�>- •� Q. I ER ECL•ITAOLC eAVS To 'JIPUTWO IHE '` UE TO hL LAND. A RE RESENTA7IL_ \ AUPLE Cr SUCH RESIRIr D-v,YS, COLT-ttA:1 K. 3 =ZITIONS E]NG aIOSE APFEARiNG EC"ODIR 1 L4' EXHtRIT 'D' ATTACI•rn in ` L q'LLIAU- r 12A55T, Orn DAL RECORDS OF CGWily, TJf:.S. ICA) ELECIWC AND TELEPHONE CASEUEni * ZONE X L07 1 RECORDED IN VCLUUE 710. PACE IRE, P_ED REC^RD5. IUWAUSG:r COUNTY. TEXAS. (OCES NOT Ar ECT SUD<CT P.2CPERTY) \ ZONE AE l�P�pT OTF;g�R S90' D 1 2( y 56700 589'36 Yss1.•�>, I HEREBY CERTIFY THAT THIS PLAT REPRESEN S THE RESULTS OF A SURVEY MADE ON THE GROUND ON T14E 14TH DAY OF SEPTEMBER 201i. AND THAT ALL EASEMENTS AND RIGHTS-OF-IIAY ARE SHOWN PER PLAT AND VATHIN G.F. NO. 1114479 -HMG. EXCEPT THOSE NOTED AS NOT PLOTTABLE, AND THERE ARE NO VISIBLE ENCROACHMENTS OR OVERLAPPING OF ILIPROVEMENTS EXCEPT AS SHOWN HEREON AND THE PROPERTY HAS ACCESS TO A DEDICATED RlrHT-OF-YlAY PFR PI AT POINTS OF INTEREST; NONE VISIBLE FLOOD INFORMATION: By perfermina ...arch with the Ictal CLIENT NUMBER: DATE: 9/19/-017 BUYER: Farid Agahi and Farrah Agahi SELLER: CERTIFIED TO: FARID AGAHI AND FARRAH AGAHI; HAi (COCK & MCGILL, L.L.P; CHICAGO TITLE INSURANCE COMPANY This is page 1 of 2 a nd is not valid without all pages. LOT 2 1/2- nRC 3/8" FIR w,N0a0'T 1 9- (D) p N90'00"E 263.53' (0) 1/2- FIR 47'( (y'C•0 ,) N89'4I'00-E 263.11' pn Ric`..i-r" G -d lel 5'SS try t t983 150 0 75 150 GRAPHIC SCALE (in Feet) I inch = 150' ft. The property a ooar. to bo locatod in tone X and AE (,lith u B.. Flood Elevation I : 461048, dated 69/26/03. 1 K.C. Naohavhmi REALTOR' kliosin@yahoo.com Nvww.austinsk),Iinerealty.com 512.835.6055 L91 Tom? Iw - 1' %W/.e%aC1a365.(OTo i ;`.• --- - P(512)782.9398 • F(512)782.9399 "•�'�'"'I''`''='=•' 5300 North Brae51'rood,224.311, Houston, 7)(77096