Loading...
HomeMy WebLinkAboutORD 82-08 - Amending the Zoning Ordinance304 ORDINANCE 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 SINCLE 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 given 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 llth day of May, 1982, said Restrictive Covenant to be recorded in 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 13th day of April, 1982, on the first reading. Read, passed and approved this llth day of May, 1982, on the second reading. 1 'h Jafhi Doerfler, rMayor City of Georgen ATTEST: Jim Colbert, City Secretary APPROVED AS TO FORM: Joe B. McMaster, City Attorney 305 RESTRICTIVE COVENANT STATE OF TEXAS _ g COUNTY OF WILLIAMSON g WHEREAS, Robert Newberg and Harold Peschel, dba, 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 ®o February 4th, 1982, and recorded in Cabinet A, Slide c 119, Plat Records of Williamson County, Texas. Iq WHEREAS, the City of Georgetown, and the aforesaid owners Q agree that the above described property should be impressed with Q certain convenants and restriccions 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 -wit: 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 w provided: 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. 306 2. If and when such lot ceases to be utilized as stated in section "1" 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 viol::.tions hereof are known or not, shall not constitute a waiver or estoppel of the right to do so. 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 �f�1`f ] 982. _. 307 /s/ Robert Newber Robert Newbert /s/ Harold Peachel Harold Peschel THE STATE OF TEXAS 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 therin expressed. 0rn0 GIVEN UNDER MY HAND AND SEAL OF OFFICE this the llth day of May, 1982. co /s/ Jim Colbert _ Notary Public in and for Q 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 llth day of May, 1982. /s/ Jim Colbert Notary Public in and for Williamson County, Texas n\ RESTRICTIVE COVENANT STATE OF TEXAS $ COUNTY OF WILLIAMSON S WHEREAS, Robert Newberg and Harold Peschel, dba, 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 nRnTNANCR 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 OF 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 folowing 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, Texa's,"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,J982,.and.'recorded in Cabinet A, Slide 119, Plat Records of Williamson Count+, 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 bylaw; and WHEREAS, the City Planning Commission approved the change aforesaid in the Zoning Ordinance, said approval being given 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." Read, passed and approved this 4!9!wh day of April , 1982, on the first reading. Read, passed and approved this llth day of May , 1982, on the second reading. JO DOERFLE , Mayor Ci of Geor etown ATTEST:­- JIM COLBERT, City Secretary, CITY OF GEORGETOWN No. APPLICATION FOR ZONING CHANGE Date To the City Council: The undersigned property owner (s) hereby make application to the City Council of the City of Georgetown for mange in the zoning designation of the property described below from District to — z A- District for the pur- pose of r� /. 2, 7d ' 17t �Ji (If acreage, give quantity and netes and bound if possible) ;v40_-r0- OWNERS AGENTS SIGNATURE SIGNATUREEi�. ADRESS ADRESS TELEPHONE TELEPHONE FEE RECEIVED NOTE: The Planning Commission Wes ana Keguiazions requires wai in uaar vi Nv*t- ponement that applicant and/or his agent in a zoning case must request post- ponement seven (7) days prior to the public hearing before the Zoning Commi- tee. The request for postponement must be submitted in writing to the Execu- tive Secretary. In addition, the applicant and/or his agent must notify the property owners shown on the case property ownership list furnished by the Planning Department that a request for postponement has been made. Where these provisions are not complied with the Zoning Committee shall grant a re- quest for postponement only in case of dire emergency or extreme necessity. ORDINANCE 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 given 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, 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 Cat off' ��