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HomeMy WebLinkAboutORD 05.11.1982 - Rezone from RS to C-2AORDINANCE AN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ON THE 12th DAY OF FEBRUARY, 1968, AMENDING A PART OF THE MAP OR THE ORIGINAL ORDINANCE: TO CHANGE THE PROPERTY OF NEWBERG-PESCHEL PARTNERSHIP ACCORDING TO THE MAP THEREOF FROM RS RESIDENTIAL SINGLE TO C -2A COMMERCIAL, AS HEREINAFTER SET FORTH: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: WHEREAS, an application has been made to the City Council for the purpose of changing the zoning ordinance.on the following described real estate: Being all of that certain tract or parcel of land lying and being situated in the City of Georgetown in Williamson County, Texas, and being Lots 1, 2, and 3, Block 3, COUNTRY CLUB ESTATES, commonly known as 1208 Williams Drive, and being that certain property conveyed to Newberg-Peschel Partnership by deed dated February 4, 1982, and recorded in Cabinet A, Slide 119, Plat Records of Williamson County, Texas. AND WHEREAS, the City Planning Commission has approved the changing of said Zoning Ordinance on the above described property from RS Residential Single Family to C -2A Commercial, which said meeting was held on the 23rd day of March, 1982; and - WHEREAS, written notice was given to all of the owners of lots within 200 feet of the above described property as required by law; and WHEREAS, the City Planning Commission approved the change aforesaid in the Zoning Ordinance, said approval being giv6n by said Commission on March 23, 1982; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Georgetown, that the Zoning Ordinance, and the Zoning Map of the City of Georgetown, be amended so that the property described above shall be and the same is hereby removed from "RS Residential Single Family" to "C -2A Commercial," subject to a Restrictive Covenant executed by Robert Newberg and Harold Peschel on the � _�1 day of %'4 , 1982, said Restrictive Covenant to be recordedi a� n the Deed Records of Williamson County, Texas, and a copy of said Restrictive Covenant is attached hereto and referred to for all purposes. Read, passed and approved this i3 day of Ap, 1982, on the first reading. Read, passed and approved this day of , 1982,1 -on -the second reading. JO DOERFL R, Mayor Ci y of Geo getown -- IM COLBERT, City Secretary APPROVED AS TO FORM: JOE B. McMASTER CITY ATTORNEY Cit off' �� RESTRICTIVE COVENANT STATE OF TEXAS $ COUNTY OF WILLIAMSON S WHEREAS, Robert Newberg and Harold Peschel, lba, Newberg-Peschel Used Cars, of Williamson County, Texas, are the owners of the following described property, to -wit: BEING all of that certain tract or parcel of land lying and being situated in the City of Georgetown, Williamson County, Texas, and being Lots 1, 2, and 3, Block 3, COUNTRY CLUB ESTATES, commonly known as 1208 Williams Drive, and being that certain property conveyed to - Newberg-Peschel Used Cars, a partnership, by Deed dated February 4th, 1982, and recorded in Cabinet A. Slide 119, Plat Records of Williamson County, Texas. WHEREAS, the City of Georgetown, and the aforesaid owners agree that the above described property should be impressed with certain convenants and restrictions running with the 'land and desire to set forth such agreement in writing= NOW, THEREFORE, we, Robert Newberg and Harold Peschel, for and in consideration of One and No/100 Dollars ($1.00), and other good and valuable consideration in hand to the undersigned paid - by the city of Georgetown, the receipt of which is hereby acknowledged, do hereby agree with respect to said described above,' such agreement to be deemed and considered as a covenant running with the land, and which shall be binding on them, their heirs, successors and assigns, as follows, to -wits Should, and at such time the hereinabove described property be utilized for commercial purposes as permitted under the City of Georgetown Zoning Ordinance Classification C -2A, Commercial or for such other Commercial use as provided under such City Zoning Ordinances, then, in such event, the following restrictive covenants shall be applicable and enforceable as hereinafter provideds -1, The Zoning Ordinance Classification C -2A Commercial shall apply to said lot so long as said lot is utilized for the purpose of selling used or new automobiles or other vehicles. 2. If and when such lot ceases to be utilized as stated in section 11" above, then the Zoning Ordinance Classification shall revert to C-1 Commercial, and 'said classification zoning ordinance C -2A shall cease to exist on said property for all purposes. 3. If any person, persons, corporation or entity of any other character shall violate or attempt to violate the foregoing agreement and covenant, it shall be lawful for the City of Georgetown, a municipal corporation, its successors and assigns to prosecute proceedings at law, or in equity, against said person, or entity violating or attempting to violate such agreement or covenant and to prevent said person or entity from violating or attempting to violate such agreement or covenant. 4. If any part or provision of this agreement or covenant herein contained shall be declared invalid, by judgment or court order, the same shall in nowise affect any of the other provisions of this agreement, and such remaining portion of this agreement shall remain in full force and effect. 5. The failure at any time to enforce this agreement by the City of Georgetown, its successors and assigns, whether any violations hereof are known or not, shall not constitute a waiver or estoppel of the right to do so. a 6. This agreement may be modified, amended or terminated only by joint action of both (a) a majority of the members of the City Council of the City of Georgetown, or such other governing body as may succeed the City Council of the City of Georgetown, and (b) by the owners of the above described property at the time of such modification, amendment or termination. EXECUTED this the day of �' . 19821 Y Is Robert Newbe Harold Pesch THE STATE OF TEXAS S COUNTY OF WILLIAMSON $ BEFORE ME, the undersigned authority, on this day personally appeared Robert Newberg, 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 and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the �( day of , 1982. -'J/ Notary Pub is in and for Williamson County, Texas THE STATE OF TEXAS $ COUNTY OF WILLIAMSON $ BEFORE ME, the undersigned authority, on this day personally appeared Harold Peschel, 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 and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A, 1982. Not ry Public in hind -f or Williamson County, Texas