B-06 (C14-76-083(RCA) - 7009 Ed Bluestein Blvd. RCA, District 1).pdf — original pdf

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1 RESTRICTIVE COVENANT AMENDMENT REVIEW SHEET DISTRICT: 1 AGENT: Drenner Group PC, (Leah Bojo) CASE: C14-76-083(RCA) -- 7009 Ed Bluestein Blvd. RCA ADDRESS: 7009 Ed Bluestein Boulevard SITE AREA: 9.26 Acres PROPERTY OWNER/APPLICANT: Hassan Rahimi and 726 LLC CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request to amend the restrictive covenant. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION/ RECOMMENDATION: May 18, 2021: CITY COUNCIL ACTION: June 10, 2021: ORDINANCE NUMBER: 1 of 24B-6C14-76-083(RCA) 2 ISSUES: A rezoning request has been filed in conjunction with the restrictive covenant amendment (City File # C14-2021-0021). Please see Exhibit C- Applicant Letter. CASE MANAGER COMMENTS: The subject property is located on the east side of Ed Bluestein Boulevard between Loyola Lane and Manor Road, slightly south of Purple Sage Drive. Most of the undeveloped property is zoned GR (8.27 acres), while a small strip along the northern boundary is zoned SF-3 (0.99 acres). To the north is a residential neighborhood that is zoned SF-3 and will trigger compatibility standards. This neighborhood is primarily developed with duplex residences and LBJ High School. Immediately to the south and east is undeveloped land zoned GR-MU. A small tributary to Walnut Creek is located adjacent to the southern tract boundary; no floodplain or creek buffers are associated with this tributary. Further west are undeveloped properties zoned SF-2-CO. Immediately west of the property is Ed Bluestein Boulevard; across Ed Bluestein Boulevard are properties zoned GR-V-NP, GR-NP, and GR-MU-CO-NP. These properties include retail uses (including a grocery store), undeveloped property, and civic land uses (Boys and Girls Club). Immediately to the east is a small tributary to Walnut Creek that has 100-year floodplain and a 200' wide creek buffer centered on the tributary. East of the tributary is undeveloped land zoned SF-2-CO. Please see Exhibits A and B—Zoning Map and Aerial Exhibit. In 1976, a restrictive covenant (RC) was placed on a 24.34 acre tract of land that includes this 9.26 acre site. No changes are proposed for the remaining 15.08 acres under the RC. For this property, the RC prohibited any land use that is not permitted under GR zoning. Since the Applicant is proposing to develop the site with multifamily, this restriction would need to be removed. The RC also prohibits the construction of any street that connects Ed Bluestein to the property to the east. The property to the east is zoned GR-MU, which matches the proposed rezoning on the subject tract. The RC also includes language about how development of the property would be reviewed and processed by the City; this language is also proposed to be removed because it does not reflect current Code requirements. Current Code requirements are significantly more restrictive than those outlined in the RC. Please see Exhibit D- Redlined Restrictive Covenant. Staff supports the restrictive covenant amendment. The amendment would allow the development of much needed housing and would allow cohesive development and access through the property. The amendment would remove outdated process and permitting requirements and make any development of the site consistent with existing Code requirements. BASIS FOR RECOMMENDATION 1. 2. Zoning should allow for reasonable use of the property. Granting of the request should result in an equal treatment of similarly situated properties. The proposed amendments to this restrictive covenant would allow this property to provide residential units as are permitted to the north, south and east of the site. Removing the access restrictions and processing requirements would allow development to proceed in a manner consistent with current Code requirements. 2 of 24B-6C14-76-083(RCA) EXISTING ZONING AND LAND USES: 3 ZONING LAND USES Site GR, SF-3 Undeveloped North SF-3 Single family and duplex residential, Public high school South GR-MU Undeveloped East West GR-MU, SF-2-CO Undeveloped GR-NP, GR-V-NP, and GR-MU-CO STREET CHARACTERISTICS: General retail sales (general), Civic TIA: Deferred to time of site plan, if triggered WATERSHED: Walnut Creek (Suburban) NEIGHBORHOOD ORGANIZATIONS: Senate Hills Homeowners' Association East MLK Combined Neighborhood Contact Team Friends of Austin Neighborhoods University Hills Neighborhood Association LBJ Neighborhood Association Claim Your Destiny Foundation Friends of Northeast Austin Black Improvement Association University Hills Neighborhood Plan Contact Team OTHER STAFF COMMENTS: COMPREHENSIVE PLANNING Connectivity: Newly installed public sidewalks are located all this section of the Ed Bluestein Service Road, which is located immediately adjacent to a major highway. The nearest Capital Metro transit stop is located 0.48 miles away, in front of the Delco Activity Center. The LBJ Early College High School is located to the north, approximately 0.43 miles from the subject property and is accessible by public sidewalks. The Davis/White Northeast Neighborhood Park is located to the southeast. Civic uses are abundant in the area while goods and services, Austin Innercity Alliance Del Valle Community Coalition Neighbors United for Progress East Austin Conservancy Homeless Neighborhood Association Austin Neighborhoods Council SELTexas 3 of 24B-6C14-76-083(RCA) 4 including a grocery store, are not. The mobility options in the area are fair and bus stops are located almost a half a mile from the subject property. Imagine Austin: The property is located 0.30 miles from an Activity Center and is located along a major highway. The following Imagine Austin Comprehensive Plan policies are applicable to this case:  LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing, and transportation costs.  LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children.  HN P1. Distribute a variety of housing types throughout the City to expand the choices able to meet the financial and lifestyle needs of Austin’s diverse population.  HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to schools, retail, employment, community services, and parks and recreation options. The Applicant has stated that this project will provide affordable housing, based on the lack of connectivity options (no grocery stores, goods or services) and only fair mobility options (bus stop, school and park are almost a half a mile away), it will be necessary for all tenants to own a car to access jobs and goods and services, and therefore this project partially supports the policies of the Imagine Austin Comprehensive Plan. ENVIRONMENTAL 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: 3. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 4. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 5. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2 year storm on site. 4 of 24B-6C14-76-083(RCA) 5 SITE PLAN SP1. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. SP2. The site is subject to compatibility standards including noise and light limitations and screening. SP3. Additional design regulations will be enforced at the time a site plan is submitted. TRANSPORTATION The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient right-of- way for Ed Bluestein Boulevard SVRD NB and is deferred to TxDOT. There is a proposed Urban Trail adjacent to this site, along the western property boundary. Traffic impact analysis was waived, the determination is deferred to site plan application, when land use and intensity will be finalized. PARKS AND RECREATION PR1: Parkland dedication will be required for the new residential units proposed by this development, condominiums with GR-MU-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. WATER UTILITY AW1. The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The 5 of 24B-6C14-76-083(RCA) 6 landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. Applicant Letter 6 of 24B-6SF-2-NP P-NP D R R O N A M E D B E D B L U E S T L U E S T E I N B E I N B E D B L U L V D S B L V D S V R D S B E S T E I N B ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! L V D N B E D B L U E S T E I N B L V D S V R D N B 98-0015 CS-1-NP GR-NP 77-181 GR-NP GR-V-NP C14-2008-0034 2008-0034 SP-99-2060C LR-MU-CO-NP 83-253 C14-2008-0034 GR-NP ( ( ( GR-MU-CO-NP C14-2015-0086 C14-96-0059 SF-6-NP APTS. ( ( ( ( ( ( ( ( R G ( SF-2-NP D D ( ( SF-2-NP ( A ( ( ( L S A N H ( R E E ( N S B ( ( ( T D R ( ( ( ( O I N ( P ( H H I G ( GR-CO-NP ( ( ( O R ( ( O D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( SF-2-NP ( ( ( ( ( GR-MU-NP SF-3 I-SF-2 C14-2012-0135 SF-3 C14-2012-0136 I-SF-2 ( I-SF-4A S S I-SF-4A ( ( ( ( ( SF-2 ( ( ( R I-SF-2 ( SF-3 ( RIO PA ( SF-3 P E C A N B AY D ( ( SF-2 ( R U R O O ( SF-3 ( K D R ( SP-05-1265DX EXHIBIT A ( ( ( ( ( ( ( ( ( ( R K D ( E E R Y C Z A L ( ( ( ( S S A S P O HIS C ( ( ( GR ( SF-3 ( ( ( ( ( R A T O 73-143 D U P LE X E S N P A ( S S ( ( SF-3 ( D U P L E X E S SP-05-1432CX SF-3 L.B.J. HIGH SCHOOL ! ! ! ! ! ! ! ! ! ! ! ! SF-3 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! GR ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-75-042(RCT2) ! ! ! ! C14-84-346(RCT1) 76-83 ! ! C14-84-346(RCT2) C14-76-083(RCA2) 73-102 72-145 75-42 C14-75-042(RCT1) 75-42 C14-75-042(RCT1) GR-MU C14-2018-0006 C14-75-042(RCT2) P U R PLE S A G E D R SF-3 D U RA N G 84-198 O PASS C14-84-346(RCT2) C14-76-083(RCA) C14-84-346(RCT1) 84-34 6 R C 76-083 N N L E R U N B VA M AR S LN SF-2-CO C14-2014-0158 CASCO WALK C14-75-042(RCT3) C14-75-042(RCT1) 75-042 AY N W TO WIS LE ALK H W RT O W LS EL ( SF-3 ( ( ( SF-3 SF-2 ( ( SF-3 R E D C A R L MIL ( SF-3 ( ( ( ( ( SF-2 ( SF-2 ( ( ( ( ± SUBJECT TRACT Restrictive Covenant Amendment ! ! ! ! ! ! PENDING CASE CASE#: C14-76-083(RCA) ZONING BOUNDARY This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 3/1/2021 7 of 24B-6Legend EXHIBIT B Street Labels Fully Developed Floodplain COA Fully Developed 25-Year COA Fully Developed 100-Year COA Master Plan 25-Year COA Master Plan 100-Year 100-Year (Detailed-AE) 100-Year (Shallow-AO,AH) 100-Year (Approx-A) Creek Buffers/Waterway Setbacks Critical Water Quality Zone Water Quality Transition Zone Creek Centerlines Lakes Zoning Text 0.2 0 0.08 0.2 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 4,800 Notes 8 of 24B-6EXHIBIT C Via Electronic Delivery January 29, 2021 Rosie Truelove Development Services 6310 Wilhelmina Delco Dr. Austin, TX 78752 Dear Ms. Truelove: Re: 7009 Ed Bluestein Blvd – Rezoning and Restrictive Covenant Amendment applications for the 9.26-acre piece of property located at 7009 Ed Bluestein Boulevard, Austin, Travis County, Texas (the “Property”) As representatives of the owner of the Property, we respectfully submit the enclosed rezoning and public restrictive covenant amendment application packages. The project is titled 7009 Ed Bluestein Blvd, consists of 9.26 acres, and is located at 7009 Ed Bluestein Boulevard, in the full purpose jurisdiction of the City of Austin. The Property is currently undeveloped. The Property is zoned GR (Community Commercial) and SF-3 (Family Residence). The requested rezoning is from GR and SF-3 to GR-MU (Community Commercial – Mixed Use). The purpose of this rezoning is to allow for residential uses on the Property. We also intend for this to be an Affordability Unlocked project. This rezoning request would match the zoning district to the south and east of the Property, which was already rezoned to GR-MU pursuant to Ordinance No. 20180426-070. In conjunction with the rezoning, we are also requesting that a public restrictive covenant dated March 3, 1977 be amended (the “Covenant”). The Covenant currently restricts the Property to General Retail (GR) uses existing at the time of the Covenant’s execution and does not permit access across the Property’s eastern boundary. As we are requesting residential uses, we also request that this restriction in the Covenant be removed. Per the terms of the Covenant, a City Council vote is required for any amendment to the Covenant. These requests are consistent and compatible with nearby zoning and uses and will contribute to the City reading its’ affordable housing goals as laid out in the Austin Strategic Housing Blueprint. 200 Lee Barton Drive, Suite 100 | Austin, Texas 78704 | 512-807-2900 | www.drennergroup.com 9 of 24B-6P a g e | 2 Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Leah M. Bojo Joi Harden, Planning and Zoning Review Department (via electronic delivery) Heather Chaffin, Planning and Zoning Review Department (via electronic delivery) cc: 200 Lee Barton Drive, Suite 100 | Austin, Texas 78704 | 512-807-2900 | www.drennergroup.com 10 of 24B-6EXHIBIT D THE. S'l'ATE OF T.EXAS COUNTY OF . TRAVIS WHEREAS, City National Bank of Austin, Austin, Texas, is the owner of the. follawing described tract or parcel of land, lying and being situated fa the City of Austin� Travis County, · T.exas, to-wit: of the J .• c. Morse, Si'. ; by ague. Texas,· #29 in Travis B. Scott, Registered and being a portion of that in q dEi,d,'from of ttlie E�tate · to Fred· 0. in Volume 1955, 24 .• 34 acr�s of land. a .Portion ·survey� Tannehill E! L County, 43.85 acre.tract:conveyed Roy ;O�· Mills·,'�Adminbtrp.to:r· a·s of •. Ba�ter · Stubb� , . Deceased, MotseI ·sr·�, 'recbrded Pa,ge J;0.8, Travis county Deed Records, as t,,,: surveyed £.or Jl,'.:i;-ed;·C. Forrest Public sur- veyor, Austin, Texas. B!!GINN!N� ·c:1f. that ·'43. 85 acre tract northeast of l;ana 'a.s to F.red c. Morse, Mgl.s; �qmipis:trator. of th,e J,istate of · Baxter .st�bs ; . deceased,· Sr., 4� r.ecorded in V�lUllle 1955, Page 108, Travis ·coun�yDeeq:Records, as.found used upon. the· ground, fenced ,.and· THENCE with the southeast Fred C. Mo:t:'se, Sr •. 43�85.acre arid ,used upon the gr9und, s. 29 feet to an iron stake found for the southeast corner of the said Fred c. Morse, Sr., 43.85 · a:t .an,• iron: sta,�e found for the cQrneJ:'.. w. tract, as fenced 457�47 96nveyed in ,a deel'3:. from IfoY Q. line of the said 45'' (J,(;j:;t, :�t.;. L-Cl\,;1,..; ° THENCE with th� most easterly southwest iine c. Morse, Sr., 43.85,acre ·of-the tract, as.fenced and used upon the ground, courses numbering 1 and 2, as· f_ollows: said.Fred 1 ° 18 (1) N •. 60 (2) N. 59.; 54 in the 1aast•;:right .Boulevard· (Loop lll) 1 1 n feet to a w. 1424.36. w. 671.53 feet to an iron stake .iron stake, of�way li,ne of Ed Bl1,1estein "'.' 0 36' w •. 6l.'0,53 a�t;,:- ;t#t�.,'� f '. th,e· ,w:ith the. east. rJght-of-way H ne of Ed ... ·• ·. ;ill��,���t:l'r�� 'l'HBijl:!E ,:}o,�;��it�tt;�.' 1:fi.u�lftel:1LBo-g!evard�· N.:1�. f.eet .. •/said-0P'red C; Mo_ a.�, •S�. O. 85 acre. trao�; :�he n�t�a:at line,of the· said ° St,, 43�.8.5,:acre. tract,. s. 68 · · · · ,::'�Q1,t•:>'eit.].and,. fee�to;th�_PLACE,9)'. EIE(;INNflfG, .�4r,1;�hn •. \o: t:11e,·f e1eni�CJ•· ,��t1•�:�{�iiFt�h o �/;\ J ; 1' ::. > :,,:', '. ·.•ot�:11ottio� of n f,� � prop� ty witn, 11 of 24B-6such subdivision, the City Council of Austin, Texas, desires that City National Bank of Austin, and it has heretofore agreed to make, execute and deliver for the benefit of said property" and for the City of Austin, a municipal corporation, certain restrictive covenants relating to such above described property;, and WHEREAS, such hereafter enumerated restrictive cove: nants will benefit the said City National Bank of Austin and also the City of Austin, a municipal corporation, and in order to effect .the. same this written instrument is made and entered into, .NOW I THEREFORE I KNOW ALL MEN BY THESE PRESENTS: THAT, City National Bank of A1.1stin, a national banking association, acting herein by and through its heretofore du].y authorized and undersigned President I the.owner of the hereinbefore described property, does, hereby pl_~ce and charge said hereinbefore described property (or such portion thereof as hereafter specifically designated) with the following restrictive covenants, .which shall be .deemed and con sidered as covenants running with the land, and which shall be bin4ing upon the undersigned, its successors and assigns: 1. All of the following portions of such 24.34 acres of land, to-wit: a. 1. 294 acres of land out of and a part of' the J. C. Tannehill · Lf!agu~ i ·Travis· Coun=ty: Texas, being also out.of an,d a part of that certain tract containing· 24.34 acres .of land in a deed conveyed by R. J. Del Guidice to Central Texas· Roofing Company·of record in Volume 4647, Page152~ Deed Records of Travis . CQun.ty,. Te~~~,. des,,cr,ibed• a:s fo_llows, · to-,wit: BEGINNI~G ~t tbe>•p,bint of int~r.se-~tion ~f th~ north~asterly line· 6f. said· i4\3,4 acre. tract · with the· w~steirly · Hne. of "Lazy.; Creek .Drive 11 . a;. 70,. 9.9 foot wid_El, s,treet, 'SJaicl >J?C>illt of • .. be9'i11;ning.being•· dso, :tl);e\ 1;9:utl;l,f'st, corp.er of •'. :i:.qt,. Ji~/Block 8 of /~I.a,s q:~~as, ·~~ption ·, Qn~", . ci,subdivision of.·'zec,o:r:4 itr,Volume65, -l'age· 88, Piat' Rec;:oras of -'I'ravis• County; Texas. . 12 of 24B-6THENCE with the proposed westerly line of "Lazy Creek" the following three (3) calls: (1) adistance of 228,80 feet along the arc of a curve to the right whose radius = 914,60foet,·.central angle "':14° 20' and whose long. chord bears s 3-.7 ° 35 '· w a distance of.228~20feet to apointiof tangency; (2). S. 44° 45' Wa·distance.of 72,14 feet tc;> a .point of .cu:i;vature; (3) .a distance of' 169', 07 . feet. along the arc of a:cw:ve.to'theleft.whose··radiiis"' - .. . :·«ts~-~ 7'2 -;eec/:'.centia.l' '~=u~iie :~ :J,;4·1), '_. 4·-1--~ ·a111s·-.Whose lo!1g chqrq !:>ears . s 3 7l 2~' ,,w a distance of 168,.61 feet,•to, tbe ,,point.Q:i; ;intersection with thll' southerly lirie·•· of. the, aforementioned ·24.34 acre tract; ·.,THENCE with the i;a.i.d s9µtherly line. of the 2-l; 34 abre tradt N,,5'99,,~ 56' W a distance of ·t26'. 00 feet to a point, the most westerly southwest cornet hereof; TllENCE across., the i;ai<i 24·,34 acre tract the fo,P.owing four ( 4) calls: · (1) N 32° .53' 14.'' Ea.distance of 76.80 fe,et, to a point; (2) N 41° 01' 42" E a distance of 148, 74 · •feet to a point; (3) N 42° 58' 54" Ea distance of 123.28 feet to a point; (4) N 34° 48' 44'.' E'a· distance of 121.37 feet to a point :i,n the aforementioned north easterly Hne of the 24. 34 acre tract, s;ime being the southwesterly line of the aforemen- . ··tfonecfsubdivision; THE.'NCE with. the sa:i,d. northeasterly line of the 24,34 acre tract S 59° 39' Ea distance of 120,00 . feet to j:he POINT OF BJ;i:GUINING -and containing 1. 294 acres. of land; and b. J,4, 25. acres of. land oµt of and a part of · the J:, c. Ta.nriehiil Le~gue, Travis, .County; Texas, and being · also out,. of and,. a ,par.t of that . cer t1:1;i.n tract containing Z4. 34 .acres of . land in a . deed cqnyeyedJ'.!Y R. J. DEil Gi,iidice to Central. .·· TexasRoof.i.llg,<;:Ol)ll?c;lnY.,Of.record in,.yolwne.4.~47; ··;:!~gev~l:;s-~~;_: .~-u~~?-,~-~ec.'.;Qt4s-:.:o~ .. \ff~~i"~_'-' -c~n:~n.~y-:;,'i:·:TE?Xas_.a · BEGINNING· ,at the .. northea~t· cqrner .•. of· the .. said , 24~34. acres of· _land, Sal111:l. bei;1g; tµe southe11~t · . i• i'' , co-rne;: . of Lot 4, Jlfock, 7 . o{ J' Las Cim~s 9ect10n · .i':•·o~.e;.';'.tA.~··~111:>~,i,"isiori.cif ,i:-~q9;:d):n·VolUI11e 65.1 •.. , ... · .J?~g$/8!l., . Plat Records· of. Travis ·county,,· .. Texas) c · ,.,· ·.;~;):he,east;~rJ.yil.,iriEI• of.the said 24,34 _i;~ct:: s,a111~ ·.•bei11grt:tje,~este;:1y : , · · .. · .• •.·.· .. · .. · .1 · .. ·.· .,,_ ;..; .,,s: . ,< ·.· .. ·.· •. ·.· ....... • .1 · . :,_ 13 of 24B-6I_, ... ~(.''.";. I:?,'.' . .. . . ' V ~. said subdivision S 30° OS' W a distance of 45.7,36 feet to a point at the southeast corner of ;he 24.34 acre tract,. the so-:theast corner . hereof; ' ' '!'HENCE with the southerly line of the ·24, 34 aqre tract. N_. 59° 56' w a distance of .1382.00 fe~t "tY ~ pci:n~_T TH~CEacross the said. 24.34 acre tract the following four ( 4) calls : (1) N 32° 53' 14" Ea distance cif.76.80 .<- feet.,to ... a .,point; (2) N· .. 41°.· 01' 42" Ea distance of 148,74 feet to a point; (3).N.42°58 1 5CiEa distande·ofl,23.28 · .·. ·· fee:t to a point,; (4) N 34° 48' 4411 E a, distance of 121.37. feet to a point in the southwesterly line of the said ''Las Cimas Section One" subdivision, the northeast corner hereof; THE1'lCEwith the said southwesterly line of the atorementio.ned .subdivision s 59°. 391· E a dist.ance of .1312 ,49 •feet to the· POINT ,OF BEGIN"' NING and,co~taining 14.25 acres:of lan,d, Shall be 11sed for :i:esidentia_l purposes only, but such limitation of use to residential.purposes only shall not prevent 'the renting or leasing. of any of. such property (or. any portion thereof) to· tenants or lessees of the owner, provided that. any such.tenant :2; No street, driveway• or easement way may ever be constru7ted or maintained upon any portion of the foUowing des:· cribed· property (a. portion of such 24,34 :acres of land) to-wit: . 1.294 acres .. of land out o.Land a part of the J, .. c. T~etiill League., Travis. cqunty, · Texas, !Jelng arso out of· and .a part of that certa.in tract containing. 24.34 acres of land in .. a deed. qonyeyed by R. J, .Del Guidice,. to ceµtraL Texi;.1; ~oofing ComJ?any cf recqrd J!! ,· .V:ol~~, .. cnil~tyi ,~ge·.~?~c1.pE!1ad J:!.E!<::(')rds. of .. Ti:.-.avis . .as . .' . . .. . - . ' ·., ... ·•., .. . . B~~IN.;;~; at '.tile po!nf of interse9tion . of•·· tpe \ni;irthe!lsttiflyr l,Jne of>said. 24;34 11c::re ti;act. ~.ii:n''.the ~e~~erly line 10£ 1'L11zy Creek pi;i11e" · ~;,; ~9~t~~~~;t •' ·-:t ·.· .... ,. ": ... ', 14 of 24B-6THENCE with the proposed westerly line of "Lazy Creek" the following three (3) calls: (1) a di~tance of 228.80 feet along the arc of a curve to the riqht whose radius= 914.60 feet, .central angle= .14° 20' and whose long chord bears S 37° 35' w.adistance of 228.20 feet to a point of ta~gency; (2) s 44° 45' w a distance of 72.14 feet to a point of curvature; (3) a distance of 169.07 feet along the ... n.+-'h.a .. ·10-F+-: t.rhna~ r~rlil,a ·= a.rc·of a,-,..nY"UO 659. 72 fe.et, central angle = 14 ° 41' and whose lon~ chord bears S 37° 25' W a distance of 168,61 fee.t to .the .point of intersection with the southerly line of the aforementioned 24.34 acre tract; THENCE. with tl:le said southerly line of .the 24.34 a.Ore tract N 59° 56' W a distanoe feet to a point, the most westerly southwest corner hereof;· c.:""' f 120.00 ' THENCE across the said 24. 34 acre tract the following four (4) · calls: (1) N 32° 53' 14" E a distance of 76.80 feet to a. point; feet to a point; feet to a point; (2) N 41° 01' -42" E a distance of 148. 74 (3) N 42° 58' 54" E a distance of 123.28 (4) N 34° 48' 44" Ea distance of 121,37 feet to a point in the aforementioned north easterly line of the 24.34 acre tract, same being .th~ .. sqµthwesterl,y line. of the aforemen tioned subdivision; THENCE.with the said northeasterly line of the 24,34 adre tracts 59° 39' Ea rli•tance of 120,00 feet to the POINT OF BEGINNING and containing 1.294 acres of land, which permits or allows vehicles (of any type or character) to pass, drive or move from or have direct access from the following described property (a. portion of such 24~34 acres of land), to,-wit; 10. 067 acres of land o.ut of, and- a. part. of the J. c. Tannehill League, Travis county, Texas, being also out of ,,and ~· part of that certain ti:ai::t containing .24. 34, a('lres J:>f land in a qeed. coI1veyed by .R. · .J .• ·• Del• Gu;i.dice .to· Central. ·'l'e~as,Rq6f~ng Company of :record. in Volume 4647, . P~~e 152, _~~E!q · Rec;:ords, o,f. 'l'f'.avis ,county, ... Texas. B~GINNIN~ati,a.•po~nt·• .. ··in·· thf;l nor:th~aE1t~.r1i .l.ine 'of• the ;s;aid 24. 34 '.acre tr.act/ ,being >also. .the ;,. i .- ' ' , • ( · · ' . , · . , . . , , : . . . , · ' ' ' ' ' .,·. 15 of 24B-6·, . ' . . .. : · .. . , :1-SO..s50o.> ,� SQUthwestedy · line of Lot 2, . Block 8 of "Las Cunas section· .One•, a .subdivision of record in Vol111!1e 65; Page 88,···Plat Reoords•of Trayis County, Texas, s.a.id POINT OF BEGINNING· bears N 59° 39' .w a distance of 120.00.feet.frOl)I the most.southerly corner of Lot ·1, Block. 8 of . the ·aforementione<;i "Las· Cimas .e."; $.ect�on··.011. southeast · · · THENCE with the northeast'erly ·24. 34 ai::i:e tract N 59 ° 39' w a.t a' distance of · 864. 78 feet pass the most southea11terly line of the said .corner tract of land containing- of that certain. acres in .a .dei:id .,conveyed deed being of record in Volume.4127, Deed Rec.ords feet to � poi,nt in the east right-of-way Page 1808, of Tra.vis county, in all 1178.04 o.306 to J. D, Connolly;,said _(R.O�W.) . line of 'Ed· Bltie111tein Bou'.�evard, the .most westerly northwest corner of · said 24. 34 · acre tract; THENCE with and ·along the easterly R.o.w. of· (µ_, Ed Bluestein 610.42 feet i:o a point, the most westerly south-i west corner hereof; Blvd. s 10° 16' Ea distance of THENCE with. the southwe,ste mentioned callsi · · · · 24.34 acre tract the ·following two (2) rly line.of .the•afore­ (1) S .59'0 34' Ji; a distance of 670.93 feet to a point; (2) s 59° 56' E a'distance. .to a point the most easterly southeast corner· of 42.40 feet hereofi TH]j:NCE.across following four (4) calls: the said 24.34 ·acre tract the (1) N 32°-531 14" E .� ���+enc0 of 76:80 feet.to.a ,point; .(2) N. feet to a point; 4'1° 011 42" Ea distance of 148.74 (3) N 42! 58' 54" Ea di$tance of 123.28 .. feet to. a point; (4) N 3{�.48'. 44" Ea distance'.of 121.37 feet·to the POINT. OF BEGINNING 10,067 acre$ of.land, and containing ;dir,&!)fiY to any ,street ;,,hich may her,eafter be .placed or built ·�xiti;J;'°���ri or �ucii; l:�·294 ;�re�; of land (lter�inbefore despribedl cont�gu6us' �o i;he. east boundary line of said 1 •. 294 acres of' land the followi�g d!!Scribed 9.077 ac:r:es 16 of 24B-610.067 acres of land out of and a part of the J. C. Tannehill League, Travis County, Texas,' being also out of .and a part of that certain tract containing.24.34 acres of land in a deed conveyed by R. J. Del Guidice.· to Central Texas Roofing Company. of record in volwue 4647, Page 152,Deed Records or Travis County, Texas. BEGINNING·at.a point in the northeasterly.line of tll,e said'24.34 acre t~act, being B:li;;otbe southwestE:1rly line of Lot 2, Block 8 of. "Las Cimas se.c:tion One", ct s~bdivision .of record .in Vol um~· 65 ,. Pclge 8 8, PlatRecords of Travis Coµnty,.Texa~, said POINT 0~ BEGINWING bears N 59v 39r w a distance of 120:00 feet from the. most southerly southeast·· coriler · of Lot 1, Block 8 of the aforementioned "Las Cimas ~ection One 11 ; THENCE with the northeasterly line qf said 24.34 acre tract N. 59° 39 '. W at a .distance of 864. 78 •f:t;,f; feet pass the.most southeasterly corner of that certain tract of land containing 0,306 acres in;a deed conveyed to J. D. Connolly; said deed being of record in Volume 4127, Page 1808,. Deed Records . of Travis county,. in au 1178~04 feet .to a point in the east;,right-,o:f;,:-way (R~O.W.) line of Ed Bluestein Boulevard, tll.e most westerly northwest corner of said 24.34 acre tract; · THENCE. with .and along .the easterly R.o.w. of Ed Bluestein Bl~d. S 10° 16' E a distance.,of 610,42 feet to a point, the most westerly southwe~.t corner hereof; THENCE with the southwesterly line of the afore mentioned 2,4'.3.4 acre tract the following .two (2) calls: (1) s 59° 34' Ea distance of 670.93 .feet to a point; (2) s 59° 56' Ea distance.of 42.40 feet to a point ·the most easterly s.outheast corner hereof; THENCE aqr,pss the said 24.34_ acre tract the following four; (4) .calls~ (1) N 32° 53' 14" Ea distance of 76.80 feet to a point; , feet ~~· a po~P~f feet ~9 ci .point~ . (2) R 4i 0 011 42" E a distance of 148,74 f3f 'N 42~: s·0i' :54" E. a distance of 123. 28 (4)< :Ni ·~4~ 48 '. 44." fE a clistance of 121,37 feet t:o'tjl;ei. POIN';[! •OE' ·.BEGINNING and• co~taining.,, l()~·O(i'fadres '.of land,· .. ' ·.·· But :i::~ss a·~d :. SAV:E)~~d .~xcJfT .·. ~· 99, .4~~?f:il>ed .. by·.·,~t~~{~ric( p~und~; as , ' ' .... , . . _ ... ·,_:··, . . '.·-'·1-"?",:,'••,' . . ' .. 17 of 24B-6.. ,;;�:=�!to,o.���::·��:r;tt�6;�: !\�7�!f:!e .also ;the mqst. westei;ly i�: ��::·:�;;�� A;t· ;;;: .. ;;: T-·w:c;i;: �0111:?hwes� ec:>rner . · 0.99 ,acre,strip of land· SO.DO, feet in width <IU:tQf::a+ida,';part of<the J, c:·Tannehili. · L�ague·; ·out o 'and a 'c:i'on:'ta· �T,:avis County, .'l'exas, bein�'aiso part of·that,cert:ain tract �ciei5 \,fCland -in a �.ed 24.34. i,(: ... --. �:�.··· "•' I • . · bei�g . > " ,,, ,' r.-.::-.�.!::�- , :• le ' zx;;i�I-:: -·-, ��:,"'."''." .. '.4647, l?a&l'� J.52 ;, I!e s. · .. . :·cqu.iitf1/1�xa eii. �c:;o.r<.ls of Travis �GI�:i:Nq a,t a. point: •init.l!,e north�steriy Urie of the said 24.34 a(lre' 1:rilct;>saidpo'int· ... .· .. �\,;;;i;:� ,,Plat Records .of Trayi;;i .!::c:>unty, T�xas; with ·:iuhll:H: •24;:H acre·tract, line of the sald iuBai'v'isiori d.iStance· 'of 864; 78 nortl'least· ifne ·Of ' saJd same being the•southwesterly •feet. to a poirit; .. the most �-1 corner hereof:, the nortliea,iitei�iY' . ·easterly 39• E a · · ·· S· 59 ° ·THENCE .S .34. .feet to ;a point; 0 .48' 44" W a distance of 50 .15 ,;H�C:lii pa:i:-,me,t·J;() . of ,50. o o feet •iiouth�ester �M.a pe:rpt!nd.ic11lar: dif!!tance ly. of. the.• afor�n-·· .· .· t�oried n<>rtheasterly 391 .· w·•a•distance the 24._34 acre of 860,88 feet to •l4i'!il,,of ° tract N 59 a point; THENCE N· 30°. 21' · E a distance of SO� 00 feet. to the·POINT QF,BEGINNING and of ·land,. .containing 0.99 acres the fo:i.lc>wing restrictive covenants shall bE1 applicable:• No building may be erected or placed thereon (or upo�·B.P,, Y pp_:rt�on t,herl!of} : .. unJ..e9:s,:,th4!1,�lans fQr .any such b:und_ing · have _been ·prepared by a duly licensed archite_ct. b.Such 9,_077 acres of landJ or any portion thereof) may··be use<! for any purpose which, under the Ordinances of the •· c:fty of :Austin lls .such ·ordinancl;!s exist J>n the date of the :e,�ec:ut,ic:>n Qf this instrument, is-permitted under GR General ''f·.·•�!¥t.!�f>'f*�it;��rE�?�;·�"�Z� .::. ·, . ." _,,,.· : ·,· i';"" .. t :uj,io.n;, SUQW'9; 0'.11 ,· ·' '. · :.- ., acres . of .. land, ot .. anlf: portion.: thereof. ., ·. -. . ·. ',• .. •·· .. ,-.,:>, _'._,:t···• .. �,, 18 of 24B-6Ordinances shall in no manner alter, affect, efpand or impair the provisions of this Agreement. c. No through street may be built upon such .9.07;·· __ ·1-5fr-551f) acres of land which connects Ed Bluestein Boulevard directly with any street either upon or contiguous to .. the easterly boundary line o:f the following d_escribed property (a portion of such 24. 34 acres of land) to-wit: ~- I 1,294 acres of land out of and a part of the J. C. Tannehill r.eague, Travis County,. Texas, being also out of and a part of that certain tract containing 24.34 acres of land in a deed conveyed by R. J. Del Guidice ~o Centra.l Texas . Roofing Company of record in Volume 4647, Page 1~_2, Deed Reqords of Travis County, Texas. BEGINNING at the point of intersection of the northeasterly line of said 24.34 acre tract with the westerly line of "Lazy Creek Drive" a 70.00 foot wide streeti said point of begin n:ing being also the.southeast corner of Lot 1, Block 8 of "Las Cimas Seotion One", a sub divisi_on of r_ecord in yolume _ 65; Page 88, Plat RE:cords of Travis. County·, Texas. TH~NCE with the.proposed westerly line of "Lazy Creek" the following three (3) calls: (1) a distance of 228.80 feet along the arc of a. curve to the right whose radius= 914.60 feet, central angle= 14° 20' and whose long chord bears S 37° 35' W a distance of 228.20 feet to a point of tangency; (2) s 44° 45' W a distance of- 72.14 feet to a point of_curvature; (3) a distance of 169.07 feet along the arc of a curve to the left whose radius= 659. 72 feet, central angle == _14° 4.1' and whose .lona chord bears: s 37°· 25' W a distance of 168. 61- feet to the point of intersection _with .the southerly line of the aforementioned 24.34 acre tract; THENCE with_the_ said southerly line of the 24.34 acre.tractN 59~ 56'W a distance of 12ot0ri feet to a point:,. the -most westerly solitl:iwest corner 'hereo·f; THENCE across.the .said 24.34 acre tract the :following four (4) calls: (1) N J2° 53' 14" E ~ distance o~ 76,80 feet to a _pofri,t;: >f:eet to\:,a p,9i;1t_'i . '<,\·:·-:,,."\t .. ' (2) _N 4-1~ 01 1 _42ne E· a di.stance 19 of 24B-6· (3) N ;42° 58' 54" E:a dist:ance of 123,28 feet to a point; (4) N 34° 48' 44" Ea distance of ,,121.37 feet to, a I;lOint :in .. tl'!,a afo:teinent±oned n'orth- easterly Hne'of"the 24.34' acre tract·, same beina-the southwesterlv- line of the afore-. lllentione? subdi.;v:is_ion;- THENCE. wi tlt the.• s~id northea,sterly. · 1.ine. of the 24. 34 acre tract S 59. 0 39.' E a distance of 120. 00 feet to the POINT OF. BEG:CNNIN.G and_containin9 1. 294 acres· ·of land, - f 50 551: - - - '"" ".!J2,: - Ir I-· ... :·,··· ... ·: •.. -.·· ...•• · '/i·; . ; .. ~,:·,: ,' I ,,",- however, nothing contained in this subparagraph. "c" shall prohibit the building of one or more streets upon said 9,077 acres of ~and, provided that any such street does riot cross on, over or upon any portion of the immed::iately aforedescribed 1. 294. acres of l~tld. d. As relates to the following described proper'ty (same being a portion of the said 24.34 acres of land) to-wit: 10.067 acres of land.out of .~nd a part of·the J. c. Ta:1:mehill League, Travis· County, Texas, being dso out of and a·part o,f that certain _tia~.t containing 24,34 ac;res of land in a deed eonveyea by.R. J. Del Guidic;:e·to central Texas Roofing Company of·. record in Volume 4647, Page 152, Deed Records of Travis. -County, Texas. BEGINNING at a point intheriortheasterly line of the said24.34 acre tract, being also the southwesterly line of Lot 2, Bl.ock 8 of 0 Las Cimas Section One", a subdivision of record in Volume '65~ Page 88, Plat Records of Travis Courity,. Texas, .. said POINT OF, BEGINNING bears · N 59.0 391 ,;-a distance of 120~()0 feet from the most southerly southeast corner of Lot 1, Block 8 of.the aforementioned "Las Cimas Section One"; THENCE with the.northeasterly" line,of said 24. 34 acre tract N 59 ° 39' W at a distance of 864;78 feet pass the most southeasterly corner of th.at certain tract of.land contc;1,ining 0.306 acres in a deed conveyed to.J •. D. Connolly; said deed bei~g of record in Volwne 4127, Page 180 8, ODeecl Record~ ot Tr.avis · cqunty~ -_in. alf 1i78~04 .. ~.ee,t to a,.p~ii.it·,.1;11(the east-rig~t-of".'way ·;;l~~7 ~~•·~·• .. ,l,,~~ine· of:'.~'.··;~:•)31:ue~t·e:±~·~~··:;3C?~;~v~r~., ··-~he ~~:s1:·westeriy' northwe1:1t.corrier ·of said 24.34-ac:re· tract_1 · · ,. 'Tf[EN'CE;·with and along. the easteriyR.O.W~ of Ed.' Bl#er.;~~in Blyd. s lOt 16' · E'.~· cli.13taIJ.ce of. 610,;42 ''f~~,t/;t9 ,~,/P.8Jllt,, the'::mos~,Wfr~'.t~'lY: s·~uthwest -; · c9rne~ '1'er9.9; re ~a;~{ ~~,th t;h~: s9#liwes\~rit-\rne it tlie afore~ . '·· inen-tipM<t 2.4 ~.3 4' ac.re trac:t· the. t'o.:Ll0\'1ing ' ' ' ' " ' ' " ' ·' ' .i~il~-= . ·'' · ' - ,• 20 of 24B-6(1) S 59° 34' Ea distance of 670.93 feet to a point; (2) S 59° 56' Ea dist~nce of 42.40 feet to a point the most easterly southeast corner .. hereof;., . THENCE across the said .24., 34 acre tract the . following. four ( 4) c.alls ~ (1) N 32° 53•· 14" Ea distance of 76.80 feet to a point; feet to a•point7 feet to a point; · (2) N 41° 01' 42 11 ·E a distance of 148.74 (3) N 42° 58' 54" Ea distance of 123.28 (4) N 34° 48' 44"·E a distance of 121.37 feet td the POINT OF-BEGINNING arid containing 10.067 acres of land, the following restrictive covenant shall be applicable: (i). From and after the date of this instrument, any owner desiring to place anybuilding improvements upon any portion of ~uch 10 .• 067 acres of land (as immediately above des cr.i,bed) shall at-least· fifteen (15) days prior to _the filing of ~n application for a building permit from the City of Austin, a municipal corporatic;m, deliver or mail, by .registered or certi fied maH, 'return receipt, requested, to the· listed president (or chief officer) of the neighborhood association then registered wit,h the Planning Department. of the City of Austin, anq _wh.ich neighborhood association includes within its prescribed area or territory the said 10.067 acres of land •. In the event that there is no such neighborhood association so registered with the said Planning Department of .the City of Austin, the then owner shall ' ne>t•be so re<;ruired to deliver or mail.such plans to any such person :arj4'. this: covenant ·a'" c~nt"ain~d in t:his subpara~ra¥>h (i) shall not ,, ·beapplicclble. A·letter statement from. the Di;-~ct~r (or chief ·~~.·~: .-. ·< :·; .. ' . .~ploy~e) ·. of t:he. P1a~nln'{ Dep~rtment of the City of. Aµstin · listip.g neic:rlnbc:>rJ1oc>cl.: ae1sc>c1.at1on or the . fact that no 21 of 24B-6and conclusively preswned to evidence the.correct information relating to compliance with the provisions of .this subparagraph (i). 4. If any person or persons shall violate or attempt to violate any of the foregoing ~estrictive covenants, it shall be law;ful for the City of Austin, a municipal corporation, its A\.~ t• success Orf:! and assigns, .to prosecute proceedings at law, or in equity, against the person or persons violating or attempting to ,,:.••.·.,.·:··.:1 tf:. v.j,olate any such restrictive covenants, and either prevent him or them from so doing or to collect damages for such violation. 5, The fa.i,lure at any time to enforce these restric tive covenants by the City of Austin, whethe~ such violat~~s are of knowledge 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 a majority vote of the members of the City Council of the City of Austin,.o;r such other governing body as may succeed the City Council of the City of Austin, and by the·then owner of the above:desCribed ~roperty at the time of such modification, amend ment or tennination. EXECUTED, this the Q - day of J (CO~ PDAATE BEALi 22 of 24B-6THE STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned authority, on this day BANK OF AUSTIN, a _national banking association, known to me to· be the person whose name is subscribE:d to the foregoing instru .ment, . an_d acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said national banking association. · GIVEN UNDER MY HAND AND· SEAL OF OFFICE on this the .f .. ?>i· 2_ day .of · [h(:rg.cl{ · , 1977. Notary.Public in.and for TravisCounty, Texas .,r11t OF TM toDflt't O'F TRAVIS I hereby C8l1ffy Ille! 1h19 Instrument was FILED on the date and al 111t- llfflfl stamped hereon by me; and was duly REOORDED, In !he Volume and Page o! the named RECORDS of Tr1vl1 Coull~, Tll!lt,. u Stamped henon bf me, oa ~~f/.1~ COUNTY CI.B1ll ~VIS .UIUNlY, 1lXIII F'ILE'I) Are 25 8 1s AM 1977 ~~ COUNTY CLERK TRAVIS COUNTY, TEXAS 23 of 24B-6Note: Should additional backup be submitted after the online publishing of this staff report, it may be found at the following link: https://www.austintexas.gov/cityclerk/boards_commissions/meetings/54_1.htm 24 of 24B-6