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