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Z-07-09-27-14B1 - 9/27/2007 ORDINANCE NO. Z— y 7' 09-" �i 7— P161 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 4.617 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT OF (OFFICE). WHEREAS, the City of Round Rock, Texas has recently annexed 4 . 617 acres of land out of the Robert McNutt Survey, Abstract No. 422 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 15th day of August, 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 in Exhibit "A" be originally zoned as District OF (Office) , and WHEREAS, on the 27th day of September, 2007, 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 0:\wdox\oxvixrxc\0+0927ei.weDirmc Original Zoning Ordinance 6/06 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 OF (office) . 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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 day of AAt) , 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 . ELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret ry 3 EXHIBIT a "All Tll BEING a 5.0 acre tract of land situated in the Robert McNutt Survey,- Abstract No. 422, Williamson County, Texas, and being a part of that certain 161. 11 acre tract of land conveyed by deed to Chester Madsen by Roland Melge, as recorded in Volume 434, Page 176 of the Deed Records of said Williamson County, Texas. Surveyed on the ground in the month of January, 1977, by R. T. Magness, Jr. , Registered Professional Engineer, and being more particularly described as follows: BEGINNING at an iron pin set by existing corner post in the East line of County Road No. 122 marking the S. W. corner of said Madsen 161. 11 acre tract, for the S. W. corner hereof; THENCE North, 158.16 feet with said East line of County Road No. 122 to an iron pin set for the N. W. corner hereof; THENCE N 89° 35 ' E, 1385.55 feet to an iron pin set for the N. E. corner hereof; THENCE South, 154. 97 feet to an iron pin set in the South line of said Madsen 161. 11 acre tract for the S. E. corner hereof; THENCE, with said South line, S 896 221 W, 834.75 feet to an iron pin set for a corner hereof; THENCE, continuing along said South line, S 890 35 , W, 550.83 feet to the Place of BEGINNING and containing 5.00 acres- of land. SAVE AND EXCEPT the .383 acre tract of land previously conveyed to Round Rock Alcoholic Foundation and more particularly described as "Tract All. in Exhibit "All attached hereto and made a part hereof for all purposes. i PAGE 1 OF 3 FIELD NOTES OF A 0.383 AURE "TRACT A" FIELD NOTES describing d 0.3113 acre tract or parcel of land out of the Robert McNutt Survey, Abstract No. 422, situated in Williamson County, Texas, being a portion of that certain 5.00 acres conveyed to Thomas S. Higgs by deed recorded in Volume 806, Page 673 of Deed Records of said County and being more particu- larly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the fenced East right-of-way line of County Road No. 12?, being the Northwest corner of the Edward Johnson tract recorded in Volume 406, Mage 456 of said Deed Records and the Southwest corner of said 5.00 acres; thence along the fenced South line of said 5.00 acres, N89'35'E, 154.97 feet to an iron pin set, being the Southwest corner and POINT OF BEGINNING of the hereinafter described "TRACT AN; THENCE along the West line hereof, N00'08'W, 70.14 feet to an iron pin set, for the Northwest corner hereof; THENCE along the North line hereof, N89'52'E, 239.93 feet to an iron pin set, for the Northeast corner hereof; THENCE along the East line hereof, SOO'08'E, 68.96 feet to an iron pin set in the South line of said 5.00 acres, for the Southeast corner hereof; THENCE along the South line of said 5.00 acres, for the South -line hereof, S89'351W, 239.94 feet to the POINT OF BEGINNING of the herein described tract of land containing 0.383 acre or 16,688 square feet of land more or less. EXHIBITA PAGE 2 OF 3 FIELD NOTES OF A 0.782 ACRE FIELD NOTES describing a 0.782 acre tract or parcel of land out of the Robert McNutt Survey, Abstract No. 422, situated in Williamson County, portion of that certain 5.00 acres conveyed to Thomas S. Hi in Volume 806, Page 673 of Deed Records of said County and beTexas, being a b in mored recorded larly described by metes and bounds as follows: 9 particu- ' BEGINNING FOR REFERENCE at an iron pin found in the fenced East right-of-way line of County Road No. 122, being the Northwest corner of the Edward Johnson tract recorded in Volume 406, Page 456 of said Deed Records and the Southwest corner of said 5.00 acres; thence along the fenced South line of said 5.00 acres, N890351E, 533.05 feet to an iron pin set, being the Southwest corner and POINT OF BEGINNING of the hereinafter described "TRACT 8"; THENCE along the West line hereof, NOO'54'W,' 158.18 feet to an. iron pin set in the fenced South line of a 32.21 acre tract conveyed to Rodney Hohertz by deed recorded in Volume 725, Page 696, of said Deed Records, being the North line of said 5.00 acres, said point being North 1.45 feet from a chain link fence corner Post, for the Northwest corner hereof; THENCE along the fenced South line of said 32.21 acres, being the North line of said 5.00 acres, N89'351E, 215.74 feet to an iron pin set, for the Northeast corner hereof; THENCE along the East line hereof, SOO'54'E, 157.46 feet to an iron pin set in the fenced South line of said 5.00 acres, for the Southeast corner hereof; THENCE along the fenced North line of said Johnson's tract, being the South line of said 5.00 acres, for the South line hereof, the following two (2) courses: 1) S89'22'3011W, 198.40 feet to an iron pin found for an angle point hereof; 2) 589.35'W, 17.34 feet to the POINT OF BEGINNING of the herein described tract of land containing 0.782 acre or 34,047 square feet of land more or less. 57512 PAGE 3 OF 3 Dawson Tract Original Zoning Request : OF Corrigan-Ln ala Settlers �ivd UNZONED 0 fS Subject Tracts 4.617 ac ............. .................. DATE: September 20, 2007 SUBJECT: City Council Meeting - September 27, 2007 ITEM: 14B1. Consider an ordinance zoning 4.617 acres of land, located east of Red Bud Lane and south of the intersection of Red Bud Lane and Old Settlers Boulevard, to Office (OF). (Dawson Tract) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The tract is designated for Business Park in the General Plan. Although the small size of the tract makes it unsuitable for the Business Park (BP) zoning district, the Office (OF) zoning district is a subset of, and compatible with, the BP district. Funding• Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The tract was annexed into the City within the past year. The Planning and Zoning Commission recommended approval of the zoning at their August 15, 2007 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 August 15, 2007. No public comments were received.