Z-07-05-24-10A2 - 5/24/2007 ORDINANCE NO. 05-S - �/�_U
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 1.15 ACRES OF
LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298,
IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT C-1 (GENERAL COMMERCIAL) AND DISTRICT SF-2
(SINGLE FAMILY-STANDARD LOT)TO DISTRICT C-1A(GENERAL
COMMERCIAL - LIMITED).
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 1 . 15 acres of land, out of the Wiley Harris Survey, Abstract
No. 298, in Round Rock, Williamson County, Texas, being more fully
described in Exhibit "A" attached hereto, from District C-1
(General Commercial) and District SF-2 (Single Family-Standard Lot)
to District C-la (General Commercial - Limited) , 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 18th day of April
2007, 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 C-la (General
Commercial - Limited) , and
0:\wdox\ORDINANC\070524A2.WPD/rmc
WHEREAS, on the 24th day of May, 2007, 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 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 C-la
(General Commercial - Limited) .
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.
2 .
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 A 4day
of 2007.
Alternative 2 .
READ and APPROVED on first reading this the day of
2007 .
READ, APPROVED and ADOPTED on second reading this the
day of , 2007.
WELL, Mayor
City of Round Rock, Texas
ATTEST:
ahl", -1) R �)]LqAtz��
CHRISTINE R. MARTINEZ, City Sec tart'
3 .
1"1/11/2004 14:51 FAX
19002/002
FIELD NOTES
BEING 0.36 OF AN ACRE OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT
298, IN THE CITY OF ROUND ROCK, WILLIAMSON may, TEXAS, AND BEING ALL OFNO.
THAT CERTAIN'TRACT OF LAND DESCRIBED IN A DEED PLAZ HAMILTON RECORDED IN
WC I 334, PAGE 428, DEEP RECORDS OF WILLIAMSON COUNTY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod set at the northwest corner hereof, said iron rod
being at the intersection of the east line of Mandell Street and the south
line of Nash Street;
7YE94CE S 791 00' E a distance of 128.92 feet with the *south line of Nash
Street to an iron rod set at the northeast corner hereof at the intersection
Of said south line and the west line of South Mays Street, (U.S. Highway 81),
said iron rod also being the northwest corner of that certain tract of land
described in a deed to the State of Texas for right-of=way Purposes recorded
in Volume 268, Page 427, Deed Records of Williamson County;
THENCE with the west line of South Mays Street, (U.S. Highway 81), an arc
distance of 113.18 feet- with a curve to the right, said curve having a
ventral angle of lR 08' 30", a radius of 5679.58 feet, a chord distance of
113.18 feet and a chord bearing of S 165 57' 52" E to an iron rod set at the
southeast corner hereof; t
THENCE N 791. 00' W, passing an iron rod found at 37.70 feet, continuing an
additional 146.77 feet with an ancient fence, IN ALL a distance of 184.47
feet to an iron rod found at the southwest corner hereof in the east line of
Mandell Street; •
THENCE N 121 25' E a distance of 100.00 feet with the east line of Mandell
Street to the Place of Beginning, containing 0.36 of an acre (15,685 square
feet) of land, subject to easements, conditions
any. or restrictions of record, if
OOALTER & ASSOCIATES, SURVEYORS
.
STAN COALTER
•.�.a 1.481 .;..
Stan Coalter, RPIS, LSLS 9y!�essto!� O
9-26-96 File No. 96284
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Exhibit "A
r 20030 3919 3 tests
CONSTABLE'S TAX DEED
STATE OF TEXAS X
X KNOW ALL MEN BY THESE
PRESENTS
COUNTY OF WILLIAMSON X
That, whereas, by virtue of an Order of Sale issued by the Clerk of the District Court in
and for Williamson County,dated May 27,2003 on a certain judgment rendered in said Court on
April 16, 2003, in a certain suit NUMBER 00-025-T26, styled Round Rock Independent
School District and City of Round Rock vs Janie Castillo,et al, I,Bobby Gutierrez,Constable
of said County, did upon May 27, 2003, levy upon and advertise the said premises as described
in said Order of Sale, by giving public notice of the time and place of said sale by an
advertisement in the English language, published once a week for three (3) consecutive weeks
preceding such sale, the first publication appearing not less than twenty (20) days immediately
preceding the day of sale, beginning on June 1, 2003, in the Williamson County Sun, a
newspaper published in the County of Williamson, stating in said advertisement the authority by
virtue of which such sale was to be made, the time of levy, the time and place of sale, a brief
description of the property to be sold, the number of acres, the original survey, its locality in the
County,and the name by which the land is generally known,and by delivering a similar notice to
each of the named Defendants, and on the first Tuesday in July, 2003, beginning at 10:00 A.M.
sold said hereinafter described land or lots at public venue, at the South Door of the Courthouse
of said County,at which sale the premises hereinafter described were struck off to
CARLIN UNITED HOLDINGS
709 IVY DRIVE
PFLUGERVILLE,TEXAS 78660
for the sum of$38,360.00,they being the highest bidders therefor,and that being the highest bid
for the same, NOW, THEREFORE, in consideration of the premises aforesaid, and of the
payment of the aforesaid sum, the receipt of which is hereby acknowledged, I as Constable
aforesaid, have Granted, Sold, and Conveyed, and by these presents do Grant, Sell, and Convey
unto the said grantees all of the estate, right, title, and interest which the Defendants in such suit
had on the date said judgment was rendered or at any time afterwards, in and to the following
described land and premises, as described in the Order of Sale,viz:
PROPERTY DESCRIPTION
Field Notes:
BEING 18,603 square feet of land situated in the Wiley Harris Survey, Abstract No.
298 in Williamson County, Texas, said land being that certain tract of land, as
conveyed to Jose Gonzalez by deed as recorded in Volume 309,Page 452, of the Deed
Records of Williamson County, Texas, and that certain tract of land, called '/ Acre
as conveyed to Joe B.Gonzalez by unrecorded deed,as fenced and occupied.
BEGINNING at an Iron pin set at the fence corner on the East line of Mandell Street,
marking the occupied Northwest corner of the above-referenced Jose Gonzalez tract,
for the Northwest corner hereof;
THENCE, with a fence S 79° 43' 30" E, 146.69 feet to an iron pin set at a chain link
fence corner post marking the occupied Northeast corner of land of the said Jose
Gonzalez tract, being the occupied Northwest corner of the above-referenced Joe B.
Gonzalez tract, and continuing with the said chain link fence,N 87° 24' 30" E,34.75
feet to an iron pin set,on the West line of South Mays Street(Old U.S. Highway No.
81), for the occupied Northeast corner of the said Joe B. Gonzalez tract, for the
Northeast corner hereof,
THENCE, along the said West line of South Mays Street, along a curve to the right,
(Radius = 5,679.65 feet, Long Chord bears S 1611 36' 30" E, 102.58 feet), an arc
distance of 102.58 feet to an iron pin set for the occupied Southeast corner of the said
Joe B. Gonzalez tract, for the Southeast corner hereof; from said point an iron pin
found bears S 85°45'30"E,1.55 feet;
THENCE, with a fence N 85°45' 30" W, 77.26 feet to an iron pin found at a chain
link fence corner marking the occupied Southwest corner of the said Joe B.Gonzalez
tract, being the occupied Southeast corner of the said Jose Gonzalez tract, and
continuing with the remains of an old fence N 780 38' W, 147.71 feet to an iron pin
set at a fence corner on the said East line of Mandell Street, marking the occupied
Southwest Corner of the said Jose Gonzalez tract,for the Southwest corner hereof;
THENCE, along the said East line of Mandell Street, N 80 43' E, 89.11 feet to the
Place of BEGINNING and containing 18,603 square feet of land.
TO HAVE AND TO HOLD the above described premises unto the said grantees, their
heirs and assigns forever, as fully and absolute as I, as Constable aforesaid, can convey by virtue
of said Order of Sale;
Subject, however to the owner's right to redeem the same in the manner and within the
time prescribed by Section 34.21 of the Property Tax Code of the State of Texas.
2
t
This conveyance is made expressly subject to recorded restrictive covenants running with
the land,and valid easements of record as of the date of this sale, if such covenants or easements
were recorded prior to January 1 of the year the tax lien(s)arse.
TESTIMONY WHEREOF, I have hereunto set my hand this the /T day of
Bobby Gutierrez
Constable, Williamson County,Texas
STATE OF TEXAS X
X
WILLIAMSON COUNTY X
Before me, the undersigned authority, on this day personally appeared Bobby Gutierrez,
Constable, of Williamson County, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for
the purposes,consideration,and in the capacity therein expressed.
fGI N UNDER MY HAND AND SEAL OF OFFICE THIS THE /0 DAY OF
GEORGIA KUEMPEL
""''�""'°�01�'"`' '�' Notary Pub , State of Texas
2"Oi St
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01
OFFICIAL, PUBLIC RECONS
07`21- 03:32 Ph 2003068919
213.00
NANCY E. R��-�I�SgTER ,tOl>�tTY CLERK
NILLIAIiBDNY, TEXAS
7959
3
LEGAL DESCRIPTION FOR CARLIN UNITED HOLDINGS
BEING 0.343.of an acre of land,being a portion of the Bradshaw Addition(Unrecorded)
also a portion of the Anderson Addition(Unrecorded)Wiley Hams Survey,Abstract No.
298, City of Round Rock, Williamson County, Texas, being that certain tract of land
called 40' x 100' as conveyed to Joe Massie Johnson and Larry Johnson by deed as
recorded in Volume 427, Page 341, of the Deed Records of Williamson County, Texas
(as occupied). Surveyed on the ground in the month of April,2007,under the supervision
of Brian F.Peterson,Registered Professional Land Surveyor,and being more particularly
described as follows;
BEGINNING at an iron pin found on the east line of Mandell(Asher)Street,marking the
Northwest corner of the above-referenced Johnson tract, being the Southwest corner of
that certain tract of land, called 18,603 Square Feet, as conveyed to Carlin United
Holdings,by deed recorded as Document No.2003068919 of the Official Public Records
of Williamson County,Texas,for the Northwest corner hereof;
THENCE, along the South line of the said 18,603 Square Foot Carlin United Holdings
tract,S 7804'45"E, 147.72 feet to an iron pin found marking the Northeast corner of the
said Johnson tract,being the Northwest corner of that certain tract of land,called 0.237 of
an acre, as conveyed to Sima Sohrabi and Jahangir Hedayatifar by deed recorded as
Document No.2005026563 of the Official Public Records of Williamson County,Texas,
for the Northeast corner hereof;
THENCE, S 8017'30"W, 100.14 feet to an iron pin set at a metal post on the North line
of Logan (Snow) Street, for the Southeast corner of the said Johnson tract, being the
Southwest corner of the said 0.237 of an acre Sohrabi and Hedayatifar tract, for the
Southeast corner hereof,
THENCE, along the said North line of Logan Street,N 77021'15"W, 154.30 feet to an
iron pin set at the intersection of the said North line of Logan Street and the said East line
of Mandell Street, (said pin being set at the intersection of the projection of two rock
walls) for the Southwest Corner of the said Johnson tract, for the Southwest corner
hereof,
THENCE, along the said East line of Mandell Street, N 12003'15"E, 97.99 feet to the
Place of BEGINNING and containing 0.343 of an acre of land.
STATE OF TEXAS }
PRESENTS: KNOW ALL MEN BY THESE
COUNTY OF WILLIAMSON }
1, Brian F. Peterson, Registered Professional Land Surveyor, do hereby certify that this
survey was made on the ground of the property legally described hereon and is correct,
and that there are no apparent discrepancies, conflicts, overlapping of improvements,
visible utility lines or roads in place,.except as shown on the accompanying plat, to the
best of my knowledge and belief.
To certify which, witness my hand and seal at Georgetown, Williamson County, Texas,
this the day of2007,A.D.
Brian F.Peterson
Regis essional Land Surveyor,No.3967
State of Texas
21111-1d << o STEG E IZZE I_I_
F. 1978 S.Austin Ave
Georgetown,TX 78626
OP 86%0 (512)930-9412
V
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LEGEND
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\ O -IRON PIN SET
N \ no Volume 547,6 Page of elhe 5
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county,Texas,do not affed this lmct.
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E STATE l)i TEXAS RESEML —
KNDW ALL-EN BV THESE PS: Joe Massie Johnson
STATE OF
L.S. Logan (Snow)
Street
p p1. t sh F.Paterfion Reraterad Preseaais Land Surveyor,do hereby certify that the and
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plot shown nd su oy made rider my the property as described by an lJ
-the-greuntl urvey made under y ainotion d supervision during the month of Larry Johnson Tract
S April,2007,of the property legally described hereon and is correct.
1g� ! Bradshaw Addition (unrecorded)
T.GE"' WHIG,�f�NESS m hontl and seal at Georgetown,Williamson County,
ay of.c�o .2007 A.D. Also
' Anderson Addition (unrecorded)
t
an i.Peterson Wiley Harris Survey
+ Registered on01 Land Surveyor,No.3867 t of npaD a4tuENr: I wv£oaNelm TN[rTmw 9mtw�a Abstract No. 298
Slot "'" City of Round Rock
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Nash St Subject Tract
1.15 ac.
4 ly�5
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DATE: May 17, 2007
SUBJECT: City Council Meeting - May 24, 2007
ITEM: 10A2. Consider an ordinance rezoning 1.15 acres on South Mays Street
between Logan Street and Nash Street from C-1 and SF-2 Districts
to C-la District. (Carlin United HoldingsTract) (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The location and configuration of the site supports the rezoning. The 1.15-acre site has
frontage along S. Mays Street, which is currently zoned commercial, as is the adjacent
property on the corner of Logan St. and Mays St. The rezoning would provide commercial
zoning for the entire tract, which is between S. Mays St. and Mandell Street. The C-1a
District reduces the commercial uses allowed by excluding vehicle sales and limiting other
uses. The proposed zoning is in conformance with the General Plan and the City staff
supports this district as appropriate for this site.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resourc s: N/A
Background Information:
The applicant contacted the surrounding owners prior to submitting the application and
received support for the rezoning.
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 April 18, 2007
The Commission recommended approval of the zoning change.