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HomeMy WebLinkAboutORD 2006-116 - REZ Haven LnAn Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11'b Day of March 2003, to change 3.56 acres from OF, Office District to MF, Multifamily District of the Haven Heights Addition as Described in Cabinet B, Slides 135 -136 and 0.5458 acres from OF, Office District to MF, Multifamily District in the William Addison Survey, Abstract No. 21, Described in Volume 790, Pages 867 -871 of the Official Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ( "The Property"): 3.56 acres, recorded as Haven Heights Addition in Cabinet B, Slides 135 -136, and 0.5458 acres of the William Addison Survey, recorded in Volume 790, Pages 867 -871 of the Official Records of Williamson County, Texas hereinafter referred to as "The Property "; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on October 3, 2006 recommended Approval of the requested zoning change for the above described property from OF, Office District to MF, Multifamily District, in accordance with the attached Exhibit. "Haven Lane Rezoning" Rezoning OF to MF Page 1 of 3 Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following objectives of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: • Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan. • Objective 6.4: Encourage high density and multi - family to locate in proximity to supporting facilities, including roadway networks, employment, shopping, schools, parks and recreation facilities, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from OF, Office District to MF, Multifamily District, in accordance with attached Exhibit A which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas, Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 24th day of October 2006. PASSED AND APPROVED on Second Reading on the 14th day of November 2006. "Haven Lane Rezoning" Rezoning OF to MF Page 2 of 3 ATTEST: Y^ y { z Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney 0 &" //& "Haven Lane Rezoning" Rezoning OF to MF Page 3 of 3 THE CITY OF GEORGETOWN: Mayor 2 m z rn EXHIBIT A A Fe I Parcel Boundaries O J C0 a w ti w s ti 4 N its FS ADDITION 3T:ITE OF =11- S KNO14 ALL MEN BY THESE PRESENTS 'OURTY OF JILLI:1t�.SON * I? Yo F. Forest, do hereby certify that I surveyed on the ground the hereon platted Havea Heights Addition near the City of Georgetown, 4illiamson County, Texas, and prepared said Plat. BEING 3.56 acres of the William Addison Survey, Abstract No. 21, in Williamson County, Texas, and being the same tract described in a deed from Wilma Dayton to Joe B. McMaster dated FebruamT 27, 1970, and recorded in Volume 524, Page 705, Deed Records of Williamson County, Texas Dlus a 20 foot wide access easement referred to in said deei and Mug fully described in an instr=ent of record in Volume 1+66, Page 217, Deed Records of Williamson County, Texas. BEGINNING at the lower S E corner of the tract described in the deed from Wilma Dayton to Joe B. McMaster, the S E corner of the William Iddison. Survey brs. S 27 degrees 29 minutes E 25703 -feet. THENCE S 70 degrees 22 minutes 'W 313.7 feet. THENCE N 18 degrees 42 minutes W 139 feet. THENCE N 69 degrees 59 minutes E 95 feet. THENCE N 18 degrees 42 minutes W 100 feet. THENCE N 69 degrees 59 minutes E 70.3 feet. THENCE N 18 degrees 15 minutes W 401.5 feet. THENCE N 71 degrees E 176.1 feet to the H E corner of the tract described in the deed from Wilma Dayton to Joe B. McMaster. THENCE N 19 degrees 10 minutes W 150 feet with the W line of the 20 foot access easement to the N W corner of same. 1ENCE N 71 degrees E.20 feet with the S line of State Highway #29 to the E corner of the easement. THENCE S 19 degrees 10 minutes E 668 feet to the S E corner of the easement. THENCE S 72 degrees 30 minutes W 51.9 feet. THENCE S 17 degrees 17 minutes E 123.2 r t ta the POINT OF BEGINNING. +_ Ww Fs FOREST #1011, WILLIAMSON COU= SURVEYOR 011 I• 1 : • • 1 • • ATTEST: G ter/' t�� •. --� LaALUD r ILED BGH, ECt1RD AT �LPCOstDED st`r'/ =DORM on the a4 f on • 110,700 L day of I r 1970o *ICK CERVE=11 COUNTY WIUTAMSON COUNTY9 BY hw/ DEPUTY i hereby certify that the above and addition" near the City of Georget9 by the City Council of the City of" ssoy4"QL As D. 1970. t • Ml HAVEN 5 H s 2.9 whi. A DD15ON UHI VER51 rr TERRACE ADD. 4 1 4 Q c � 'rb { h � ' � !a a �u a 3 0 N ACRES iN DD /T /ON 1tu 4 J NR E PART 'T2^3o B $ 7 n �r s 6 EAST LYNA1 X DDIT/ON �a K hti TM t '1 un to 2 Cot c i STATC OF TESAS SYOA ALL 3trN ET TTaww. FSF.9Lw": COCNTT OF %ILUAG[[SON L -+r POR£ST. do Receby certtfy that I dfd survey Lhe above P/7 tract on tfw ctound and ttw. zatd P12 7t' is ttw and cxt R c W the M•at of my Lm v wd" and nrlteC TO c"" rnr wtucit wrr,%F..Kz m} ttana son <ai at c. mctu.rn. Z.a thu tluS'A - "v o�f ✓UA•E 7474D . AB. _' - —. /FLRid.Ie, ix. .T R MtRFST iy£C:1ti2LitiJ Yf.:lLC StiMYEjf.1,, N0. !Rt h: L•yc:f •.S, f i(. F. FORM • HEIC 5URYEY A - zl "5 i4. VM 7090na 861 --r .•. THE STATE OF TEXAS, *. XNOW ALL MEN BY THESE PRESEM t 00 OF WULiAISSOH. j J That LAPJff $. FAWY of Cameron County, Texas, and JOSEPH L. QUINN, JR Camero County, Texas, not joined by our wives herein for the reason at t ter described property constitutes no part of our homesteads, for in n+aid r of the am of TEN AND NO /LOG DOLLS (410.00), and other good an al 1 ration to the undersigned paid by the grantee herein named, the re t d a iciancy of which is hereby acknowledged, and the further consideration of th u on an delivery by grantee of his three certain promissory notes of oven date a it a fivat being in the principal sum. of ONE HUNDRED S17CPY --F1VK THOUSAND IO0 $165,000,00), the second being in the principal sum of FIVE THOU O/1 DOLLARS ($5,000.00), and the third being in the principal sum of SIX THO AND 0/1 DOLLARS ($6,000.00), and all of said three notes being payable to o de f r Farley and Joseph L, Quinn, Jr,, in the installments and b ring in t tharsin provided, containing the usual clauses providing for &coolera� of urity and for attorneys fees, the payment of all three of said notes is kec ad by the v d 'a lian herein retained, and is addi- tionally secured by a Deed of True of even to herewith to Glean Farley, Trustee, have GRANTED, SOLD AND CQNV , an 4 y t ass presents do GRANT, SELL AND CONVEY unto CHARLES E, WERS, of Wil ml unty, Texas, all of the fallowing described real property in Williamson Coun , To a t: BEING 0.5458 acres of land in t W ddison Survey, Abstract No. 21, in the City of Georgetown, Wil a on , Texas, being more particularly described in Exhibit "A "'which ch hereto and is made a part hereof for all purposes; and for the sama consideration hereinbefore et th, AND CONVEY unto grantee, his heirs and ass th a I use, liberty, privilege, and easement of p aing + of-way adjacent to and providing access to the a ove Including the right to free ingress, *gross, and res a grantee, his heirs and assigns, by foot, trucks, a horses or livastock, as by him or them shall be nocas and saasons forever, said way being more particularly BEING a twenty foot (201) wide sasement in the W Abstract No, 21, in the City of Georgetown, Will being more particularly described in Exhibit "B" and made a part hereof for all purposes# ive free and uninterrupted that certain right- real property, d for the said &they motor vehicles, avlient at all times : . �. /. . 1. ... y�G.+.Y. /q/ .. _� .., V s it f✓ %° �j S I� A �{ S T, , i I^ a ;i ti r s: fey s� i •i V z i I i r i z i' Ir { 930pat W To 1 1 1 HOLD :.. .:. belonging orever; and we do hereby bind ourael 0 vess, our heirs, WARKMa AND .t. ,,,x•r1 all and. singular y his heirs and assigns B4 ilia V Title in and 'c Prope2ty1 P thereon are ful when this Deed This con the same or any ,ad that the VEW MT.�.- in the original. princi a of Mildred jean Eckels Rusks Austin, Trustees secured W a in voi. 149. Page :! Dead f urther secured by a Dead of Tel 475, Dead of Trust Recordo of W part thereof, !QR'S LIEN, as well as the Superior is retained against the above described above described notes and all interest tenor, effect and reading thereof, to and the grantee herein does not assume certain promissory note dated March 7, 1472, 00010o, executed by Cecil. E. Runk and wife, o the order Of Capital National Bank in at o even date therewith* duly recorded decptda of Williamson County, Texas, and being Secure Ass ion, recorded in Vol. 255, Page 'll can Co y, Te , the payment of which promissory Biote the maker hereof has not ;nt gr wall am Any Other owner and !YI YY $5,600 .00 note t grantee's $6000M promissory Y' obligated to PaY any and all !!r ii , and in event installments falling ,_ ,, 111 11 ♦ default notes thens so long as grantee is not in defa t in pa t of grantee's afore� ilY ti pr 9 ry a and the $6,000*00 promissory nOte, or in default in the perform a of the Deed of Trust securing said notes, grantee shall have the r By such delinquent ! t t 1 1 i r t r r 1 ♦ ♦ $6V000600 Y.♦ f rIr r! promissory note, ♦ t promissory notes as of the date of such'Permh4to i .iY .o. ..r !.�"+,✓ ^YtMA �r"RY"O( aT.. w�'r -1 _. ...- ,r....n - 006 001a. 5W. 'I f l i VOL EXICUTED this day of March, A.D., 1980. r,h lil LPN" �It+i 19 4- 790fnE 869 the undersigned authority, on this day personally appeared own to ze to he the peraon whose name is subscribed to the a sad acknowledged to me that he executed the same for the ide ation therein expressed, 7 SEAL OF OFFICE on this the 20th day of %arch, OAA*Y THE STATE OF TEXAS,j COUIM OF WILLIAMSON BEFORE ME, the unddrsigned JOSEPH L. QUINN, JR., known to me to the foregoing instrument and. for the purposes and conaider io GIVEN UNDER MX HAND AND EA 'A.D., 19804: for the State of Texas a this day personally appeared arson whose name is subscribed to me that he executed the same Dressed. on this the 20th day of March. f6r the State of Texas County ON t� �4 :4 r� t 4 i; M11BIT "All Bi~l t58 a f land in the William Addison Survt •:, Abstra, in he city of Georgetown, Wiiliamgs »o Cottnty, Texas; a be n6 > t of that certain tract pf land do, icrihi:d" as Tra 2 a d om Howard N. Landy,, et ux, to Wilma l.. Dayton, d.r the Dared Records of said County and State, s id re in w conveyed to Larry R. Farley and ,tttseph L, Quinn d act) ed to voluvne 734, Page 525 of Deed Rt•cords of said C ty e, more particularly deacrihed u:: follower BEGTNNING at a i £ set in the Northwest corner tit raid tract 2 for th art t o, er hereof, said point bt,ars " om the Southeast corner eti Erin Ac est a s�bdi i an *corded in cabinet "A ", 5litit 2'iii, plat Records of saf 0o aand Stake; THENCE, with the e;ti,pf this tract with a fence S 1d° 42' oQ" E, 238.34 feet It an in s t at the intersecti;tn of said fence and a bri k ( fence r Southwest corner ht•ra ni; THENCE, with said brie �f q'N 6 21' 05" E, 3 ©4.02 It-tat to an iron pin set for the o he corner hereof, said i>I.int being the Southwest corn o a certain tract of land rttnVOyed by deed to Joe B. HcYiast rt w W£ as tort, and recortio!d in .Volume 524, Page 705, Dee Records sat county and St_at:e; TiiE;NCE, with the West Tina of id Tfisc a d the East l i toe or this tract, N 18° 42' d4" Ws t 1x.44 Fe pass an ir,ru pin set marking the center linen o a 0 eet segment recorded in Volume 545, Page 851, Deed Rec da of fd county and State, 237.44 feet to an iron pin set t boundary IIIle of said suldivi.sion for the Northeast a ter be "f; ENGB, with Lhe North linen of this t cran the S01111) li ne of 1H said subdivision S 691 50' 30" W. a '... f at page an i rain pin found marking the Southeast corner a to n id st,l.tiivision, at 97,51 feet pass the iron pin found marv£a h Southwest corner of said lot, 140,04 feet to the p IN al? B GINNING, F a _- -'— _ • YDL 790n E 87,E , M i Eh'ii:LBiT HB" TN a 2 of wide easement in the William Addison Surveys Ab ractj 1, City of Georgetown, in Williamson County. BE G a paint in the South Right -of -way line of at Hi ay 29, said point marking the centerline of said as e d point bears 700 251 W, 305.00 feet from a it T a hway apartment monument found in the South Right - of stay li f said Highway; THENC th �erline of said easement, said center - line ing 10 ae distant, measured at a right angle from the Eas da line of a tract of land conveyed by deed to Joe B. c F d recorded izt Volume 5240 Page 105, Deed Reco d oL ounty and State, S 14° 1.01 E, 520.4 feet to aSo t ` feet ass s point on the East 'i'}iENCE, S 11 W, a 4, p p boundary line f a c-M ster tract, 114.6 feet to a point; THENCE, S 47° 5 1 , ,3 feet o a paint,; ' THENCE, 3 69° 591 , 235 *00 at o an iron pin set in the 34 East boundary line of a 45 ac apartmen tract of record 0 in Volume 595, Page 58 Deeo do of said County and State, said point bears S 1 421 W, 100 feet from the Northeast corner of said apartmiltnt ra¢t, yerminating said easement. THE STATE OF TEXAS f Contra or wile mson � 1, Snmcs N. Boyduo Stk t tify that tote forcjaing insirttrneni in writin', with iu eY� Meat' the � day of iS7S_**ob A.D. 19�, at t}tc_ day of Uit�rCh �_. A.D:�yi9_ED. I{' Rcc4idi of In wiTNE% MY HAND and seal or the 05urn Cout' of said Co last above written. ,� 6;20,4t BYSC .�.w7rarss l p,yttty OR's. WO& C waat'y Court of said County, do Kathy oxr- dton, win filed for record in any offioe on M., and duly recorded this M., in M i oi, office jn Gco town, T". the date CLERK, County, Texas u 'J THE STATE OF TEXAS f Contra or wile mson � 1, Snmcs N. Boyduo Stk t tify that tote forcjaing insirttrneni in writin', with iu eY� Meat' the � day of iS7S_**ob A.D. 19�, at t}tc_ day of Uit�rCh �_. A.D:�yi9_ED. I{' Rcc4idi of In wiTNE% MY HAND and seal or the 05urn Cout' of said Co last above written. ,� 6;20,4t BYSC .�.w7rarss l p,yttty OR's. WO& C waat'y Court of said County, do Kathy oxr- dton, win filed for record in any offioe on M., and duly recorded this M., in M i oi, office jn Gco town, T". the date CLERK, County, Texas