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Z-08-05-08-9B2 - 5/8/2008 ORDINANCE NO. i'UPj'0;j 6 j a� AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 23.09 ACRES OF LAND, KNOWN AS EAST ROCK COVE, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 80. WHEREAS, the City of Round Rock, Texas has recently annexed 23 . 09 acres of land, known as East Rock Cove, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property" ) , attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 9th day of April, 2008, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 80, and WHEREAS, on the 8th day of May, 2008, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and 0:\WDOX\ORDINANC\080508B2.DOC/rmc Original Zoning Ordinance 6/06 WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A. , Texas Local Government Code, and Section 11 . 300 and Section 11 .400, Code of Ordinances (1995 Edition) , City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 80 meets the following goals and objectives : (1) The development in PUD No. 80 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 80 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 80 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 80 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities . (5) P.U.D. No. 80 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2 II. That the Official Zoning Map adopted in Section 11 .401 (2) (a) , Code of Ordinances (1995 Edition) , City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" , attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 80, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 80 attached hereto as Exhibit "B" , which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof . C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 Alternative 1 . By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of 2008 . Alternative 2 . READ and APPROVED on first reading this the day of 2008 . READ, APPROVED and ADOPTED on second reading this the day of 2 8 . NY WE , Mayor O�Wof -R-du'nd Rock, Texas ATTEST: %4A,t, �J� SARA L. WHITE, . Secretary 4 EXHIBIT d „A,. Exhibit A 23.09 acres,more or less, out of the PA I Iolder Survey, Abstract #297, also known as Round Rock East,Section 1, Lots 1 -2 and 7-11, an unrecorded subdivision, save and except 0.058 acres and 0.063 acres deeded as right of way from Lots 1 and 2; further described as: • 2.44 acres,less 0.058 acres deeded as right of way; also known as Lot 1 • 2.55 acres,less 0.063 acres deeded as right of way; also known as Lot 2 4.42 acres; also known as Lot 8 • 4.18 acres; also known as Lot 9 • 4.83 acres; also known as Lot 10 • 4.67 acres; also known as Lot 11; And more particularly described on the attached field notes. DEVELOPMENT PLAN EAST ROCK COVE PLANNED UNIT DEVELOPMENT NO. 80 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan') is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Nick Inman, Elenora Stark, Billy and Rosa Killion, Wilburn Hackbeil, Dan Truong and Michael and Anna Pavlik, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 23.09 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on April 9, 2008, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 23.09 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.1.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the General Commercial- Limited (C-1a) and Senior (SR) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. DEVELOPMENT LIMITED BY TRAFFIC GENERATION 5.1. Transportation and traffic generation are the primary factors that restrict the development on the Property. The document contained in Exhibit "B",An Analysis of Traffic Impacts for the Proposed Development of the East Rock Cove Site prepared by the City of Round Rock Department of Transportation Services, dated November 14, 2007 (herein after referred to as the "Analysis") shall be the basis of restricting the intensity of development on the Property. Exhibit "C" contains the maximum 24-hour traffic generation assigned to the Property from Table 9 of the Analysis. 5.2. Prior to the submittal of a full site development permit application for any development which proposes access to East Rock Cove, one of the following two conditions shall be met: 5.2.1 East Rock Cove is widened from Gattis School Road to its existing terminus and extended to the east to provide an intersection with A.W. Grimes Boulevard. The roadway section will be designed and constructed as a local collector street with parking in accordance with the City of Round Rock Design and Construction Standards - Transportation Criteria Manual, however parking in the right-of-way shall be prohibited. The eastern extension of East Rock Cove will utilize an alignment described in Exhibit "D", an easement agreement between the Owners and Larry and Nancy Reavis and Larry Wigginton. The dedication of right-of-way and construction of the roadway will be approved through the subdivision process. 5.2.2 Ownership of the Property is consolidated in a manner which eliminates the requirement for any access to East Rock Cove, instead providing direct access to and frontage on Gattis School Road and/or A.W. Grimes Boulevard. Such consolidation of the Property shall eliminate the requirement for the widening and extension of East Rock Cove described above and the existing right-of-way for East Rock Cove may be abandoned. 6. PERMITTED USES The following uses are permitted, subject to the maximum traffic demand levels determined by the Analysis described in Section 9.0 below, and the conditions listed for each use. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. 6.1. Day Care • One (1) story height limit 4 6.2. Funeral Home • One (1) story height limit 6.3. Office • Two (2) story height limit 6.4. Office, Medical • Two (2) story height limit 6.5. Retail Sales and Services • One (1) story height limit • The following Retail Sales and Services are prohibited: 0 24-hour service or operations, Convenience stores with fuel facilities, Indoor Entertainment Activities (including bowling alleys, game arcades, pool halls, dance halls and movie or other theaters), Outdoor storage, Overnight accommodations, Pawn shops, Portable building sales except as incidental to other retail sales, Re-sale stores, Sexually-oriented businesses, Tattoo parlors, Auto Service Facilities (including gas stations, quick-lube service, tire sales and installation, and wheel and brake shops), Car wash, Commercial parking 6.6. Eating Establishments • One (1) story height limit • No drive-through service allowed 6.7. Senior (apartments,townhouses or group/independent/assisted living) • Three (3) story height limit 6.8. Townhouse 6.9. Place of Worship 6.10. Community Service 6.11. Government Facility 5 6.12. Utilities (Minor and Intermediate) 6.13. Park (Community, Linear/Linkage or Neighborhood) 6.14. Attached Wireless Transmission Facilities 6.15. Stealth Wireless Transmission Facilities 7. PROHIBITED USES 7.1. The following uses are prohibited. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. • Campgrounds, Donation centers, Flea markets, Heavy equipment sales or rental, Industrial building sales, Manufactured home sales, Major recreational equipment sales or rental (including boats, boat trailers, travel trailers, pickup truck campers, camping trailers, tent trailers, converted trucks and buses, recreational vehicles, and other related equipment intended for recreational purposes), Mini warehouses (including self-storage), Outdoor entertainment (including sports arenas, racing facilities, amusement parks, golf driving ranges and miniature golf courses), Outdoor kennels, Passenger terminals, Recreational vehicle parks, Recycling centers, Shooting ranges, Truck service or repair, Truck stops, Trucking terminals, Vehicle sales rental or leasing facilities, Wholesale nurseries, Wireless Transmission Facility -Self-Standing, Wrecking Yards 8. DEVELOPMENT STANDARDS 8.1. Setbacks along Eastern Property Boundary: • For the purpose of determining setbacks and buffer requirements from the eastern boundary of the Property, the City of Round Rock's Clay Madsen Center shall be considered a C-1a (Local Commercial) use. 8.2. Signs • All free standing business use signs on any lot of three (3) acres or less in size shall be Monument Signs, with a maximum sign area of 50 square feet and a maximum height of five (5) feet, with no minimum setback. 9. TRANSPORTATION As a part of the development of any portion of the Property, the traffic impacts of the proposed development project shall be addressed according to Exhibit "B", the Analysis and Section 5.2 above. 6 10. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 11. DEVELOPMENT PROCESS As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting. The subdivision platting process includes a Concept Plan, a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. 7 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit"A" Legal Description of Property Exhibit"B" An Analysis of Traffic Impacts for the Proposed Development of the East Rock Cove Site Exhibit "C" Maximum 24-hour traffic generation by parcel Exhibit"D" Easement Agreement 8 EXHIBIT D "A„ Exhibit A 23.09 acres, more or less, out of the PA Holder Survey, Abstract #297, also known as Round Rock East, Section I, Lots 1 -2 and 7-11, an unrecorded subdivision, save and except 0.058 acres and 0.063 acres deeded as right of way from Lots 1 and 2; further described as: • 2.44 acres, less 0.058 acres deeded as right of way; also known as Lot 1 • 2.55 acres, less 0.063 acres deeded as right of way; also known as Lot 2 • 4.42 acres; also known as Lot 8 • 4.18 acres; also known as Lot 9 • 4.83 acres; also known as Lot 10 • 4.67 acres; also known as Lot 11; And more particularly described on the attached field notes. EXHIBIT "A" SURVEY hO. 97147 EXHIBIT "A„ FIELD NOTES OF 2.44 ACRES pF IAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, A.K.A. LOT 1, ROUND ROCK EAST;• WILLIANSON COUNTY, TEXAS ' BEING ALL OF THAT 2. 44 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 2971 IN WILLIAMSON COUN'T'Y, TEXAS, ALSO KNOWN AS LOT 1, ROUND ROCK EAST, AN UNRECORDEV SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, PORTION OF THE 115. 58 ACRES BEING A OF LAND CONVEYED IN A DEED TO GLEN MEANS RECORDED IN VOLUME 590, PARE 680 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND CONVEYED IN A DEED FROM GLEN MEANS TO BYRON N. & NANCY J. EATON RECORDED IN VOLUME 627, PAGE 889 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAVE & EXCEPT THE 0. 058 ACRES OF LAND DEDICATED TO THE PUBLIC USE FOR RIGHT OF WAY RECORDED IN VOLUME 1422, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, HAVING BEEN SURVEYED ON THE ©ROUND BY SNS SNGINSERING, AND BSINd MORE FOLLOWS: PARTICULARLY DESCRIBED AS BEGINNING at an iron rod found in the northerly Right of Way line of Gattis School Road at the northwest corner of said 0. 058 Acres, same being the southeast corner of the City Park, for the Southwest corner of the tract herein described; THENCE, leaving the northerly Right of Way line of said Gattis school Road and following a fence along the westerly line of said 115 . 58 Acres, Lot 1 and the tract herein described, same being the easterly line of the City Park, N 04052100" W, for a distance of 392 .27 feet to an iron rod found, for the Northwest corner of Lot 1 and the tract herein described, some being the southwest corner of Lot 11 of said Round Rock East; THENCE, following a fence along the northerly line of Lot 1 and the tract herein described, same being the southerly line of said Lot 11, s 89103104" E, for a distance of 292 .56 feet to an iron rod set for the Northeast corner of Lot 1 and the tract herein described, same being the northwest corner of Lot 2 of said Round Rock East; THENCE, along the easterly line of Lot 1 and the tract herein described, same being the westerly line of said Lot 2, S 00053124" W, for a distance of 389 .70 feet to an iron rod set in the northerly Right of way line of said Gattis School Road, for the Southeast corner of the tract herein described, same being the northeast corner of said 0 . 058 Acres; TflkNCE, along the northerly Right of Way line of said Gattis School Road and northerly line of said 0 .058 Acres, same being the southerly line of the tract herein described, N 89010140" W, for a distance of 253 .21 feet to the POINT OF BEGINNING and containing 2 .44 Acres of Land, More or Lena . BEGINNING at an iron rod found in the northerly Right of Way line of Gattis School Road at the northwest corner of said 0. 058 Acres, same being the southeast corner of the City Park, for the Southwest corner of the tract herein described; THENCE, leaving the northerly Right of Way line of said Gattis School Road and following a fence along the westerly line of said 115 . 58 Acres, Lot 1 and the tract herein described, same being the easterly line of the City Park, N 04052100" W, for a distance of 392 .27 feet to an iron rod found, for the Northwest corner of Lot 1 and the tract herein .described, same being the southwest corner of Lot 11 of said Round Rock East; THENCE, following a fence along the northerly line .of Lot 1 and the tract herein described, same being the southerly line of said Lot 11, S 89003104" E, for a distance of 292 . 56 feet to an iron rod set for the Northeast corner of Lot 1 and the tract herein described, same being the northwest corner of Lot 2 of said Round Rock East; THENCE, along the easterly line of Lot 1 and the tract herein described, same being the westerly line of said Lot 2, S 00053124 " W, for a distance of 389. 70 feet to an iron rod set in the northerly Right of way line of said Gattis School Road, for the Southeast corner of the tract herein described, same being the northeast corner of said 0 . 058 Acres; THbNCE, along the northerly Right of Way line of said Gattis School Road and northerly line of said 0 . 058 Acres, same being the southerly line of the tract herein described, N 89°10140" W, for a distance of 253 . 21 feet to the POINT OF BEGINNING and containing 2 .44 Acres of Land, More or Less - or SNS ENGINEERING, INC. ���� �' ' -r Matt o r ILF�.1E VASTERIIMQ • `� 141 s e aster ng ��r66"��rr�0 Registered Professional Land Surveyor No. 1413 0 SUtI_ � {I EXHIBIT C,' I D ♦_.'�r4i•— ' FEXA HIBIT V04422►►�448 SKETCH TO ACCOMPANY FIELD NOTES �� ;�;•, • FOR 0.058 ACRES E �tEEwstoPls �r �POat/.f/D .Poa"�' AJf ditr�od/ Owl •' LAEY! �•.P�E.f' 0.0-4VA. m✓o ld� lear�a� fA/1 R .ru/t• i s . i/o fit .It. I LO r /- 1,at 9.oe. !ort • !.>tf!� sof _ I � • Ae.If• � N.II• ' .iwair ii .vh•��vs w ssi se '• /rsia ti we i'.4r.►/f Aeh'WI A0.40 ' g c s0 if STATE OfTIMS COUNIT DF QOM z N,i .: ft fI#mwmw Wag enINdabb Ind Dia baPed h� i +'� -gyp by MC and a•e dory REDDRDED in d IYDie W* ? -� and PeSe Of Iha named REWRD§ A6aaison Counry, iaau,a:alw►ped haws by at a v t: =EP.l Q 1966 x N �o � ► • wiuui�or+cawm,rous is ej,1114f Ar 10 ✓At/!/"P JV lV ft Haynie & Kallman Inc. i eoua�nrw• a•�auoo „` ua st«rr I`. RwH Mea 7Yaw�T a (ila;1>li3.7Mi Austin Data Inc. TT ADI10498 WM 8638364 . 003 715 %F304 •� EXHIBIT a `1 A WARRANTY DEED WITH VENDOR'S LIEN ' �1 THE STATE OF TEXAS "• '793 X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That CONANN CONSTRUCTORS, INC, of the County of Travis and State of Texas for and in consideration of the sum of TEN AND NO1100 ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, + and the further consideration of the execution and delivery by grantees of their one certain promissory note of even date herewith in the ?? i principal sum of $14,000.00, payable to the order of Peoples Savings and Loan Association, at its office in Llano, Llano County, Texas, ? a as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorneys fees, the payment of which note is aecured.by the vendor's lien herein retained, and Is additicnally secured by a deed of trust of even date herewith to D. L. SANSOM, Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto Floyd E. Stark and wife, Etenora E. Stark of the County of Williamson and State of Texas, all of the following described real property ?i in Williamson County, Texas, to-wit; 2.55 acres of land out of the P. A. Holder Survey in Williamson County, . Texas, and being a portion of that certain 115.58 acre tract of land as conveyed to Glenn Neans by Deed recorded in Volume 590, Page 680, Deed Records of Williamson County, Texas; said 2.55 acres of land being more particularly described by metes and bounds in field notes prepared by Ralph W. Harris, REgiatered Public Surveyor, dated 8/29/75, attachedi hereto and made a part hereof for all pertinent purposes. This conveyance is expressly made subject to all conditions, covenants, reservations, restrictions and easements of record or ; open and obvious upon the ground. TO HAVE AND TO HOLD the above described premises, together with 11. all and singular the rights and appurtenances thereto in anywise i belonging unto the said grantees, their heirs and assigns forever; and it does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES unto the said t i grantees, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. "_'Tt4.5.iA.cr� r<.ax m :.nwau :r—Z,.Z1. V-1-V. Austin Data Inc. TT ADI10498 WM 197800793 .001 EXHIBIT von 715 rAAG5 _g But it is expressly, agreed that the VENDOR'S LIEN, as well as , a "A" �A�� rt .0 Iii the Superior Title in and to the above described premises, is retained .1 against the above described property, premises and improvements until the above described note and all interest thereon are fully paid f according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. i Peoples Savings and Loan Association, at the instance and request � of the grantees herein, having advanced and paid in cash to the grantor i F: herein that portion of the purchase price of the herein described i property as is evidenced by the hereinbefore described $14,000.00 note, the vendor's lien, together with the superior title to said i property, is retained herein for the benefit of said Peoples Savings and Loan Association and the same are hereby transferred and assigned to said Peoples Savings and Loan Association, and said Association and its successors or•assigns, shall have the right to release said vendor's lien upon the payment of said note. EXECUTED this 7th day of June, A. D. 1978. CONANN CONSTRUCTORS, INC. By: Ctw+,J THE STATE OF TEXAS X f COUNTY OF X BEFORE ME, the undersigned authoritory, on this day personally appeared If CONANN CONSTRUCTORS, INC., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and ack- nowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN under my hand and seal of office, this the `�_ day of June,"A.D. 1978. Notary Public in an or-y-, •A iJ *' County, Texas My Co>msission Expires: s13./y 9 Name Printed: i DOROTPY S.WATSON NZ11--,oUCUC W AST COR I "- T_ -- -----Ti7gY15 COVE+IY,T�.WS Alt f:aemnrioa FapK°e.,,,,53,� i, THE STATE OF TEXAS County of Williamson } 1,Dick Cervenka,Clerk of the County court of said county,do haraby eartlry �4 that the fore/oina.#gtrumeni in rrrWng, with SL certificate of authenucation, wU tiled for reeora in my dace on tAa.... .2.th.'.a Yor'.�...11urip. ;.f:'.,.Ar u,10..r_7..Q at............&.f.5.0.....o'¢ioek._A-.1(, and duty recorded this tile...-:.:r. 2thaayn.0_._........-:w n..io.......ZB..e.............�.1.�.5.....ar1«k...k..x., m th.......................... 1 . _..... �/. ,,,,• ,........ Records or said County.in V41 7.15-......_. po..3.0.9..........._ •,, ',I W=6,$ MY;1616;knd.4:o(,the county court of Sala County, at office to Ccordeawn. Texas. thN date last above:written' t..,.. �/f\/ oC 7YQ(1(dI otcx casvCount eourtrc � By r Deputy County Court Williamson. County. 'ft>•a Austin Data Inc. TT ADI10498 WM 197800793 . 002 Vol 1%44FA449 EXHIBIT DEDICATION OF RIGHT-OF-MAY THE STATE OF TEXAS THE COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS, ) • F THAT FLOYD STARK AND WIFE ELENORA, hereinafter referred to J! as GRANTORS. whether one or more, for and In consideration of x the benefits to be derived by GRANTORS from the public I . right-of-way across the premises hereinafter described. have i this day GRANTED and CONVEYED, and by these presents do hereby ? GRANT. CONVEY and dedicate to the public use the right-oF-way more particularly described as follows, It wltr All of that certain tract. piece or parcel of land, lying and being situated in the County of Williamson. State of Texas, as described In EXHIBIT "A". attached t hereto and made a part hereof for all pertinent Purposes. to which reference Is here made for a more particular description of said tracts TO HAVE AND TO HOLD the same perpetually to the Public, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of Ingress and egress to or from any lands adjacent to said j premises. UTED IN WILLIAMSON COUNTY, TEXAS on this the day rr of , 1986, A.D. Floyd 5 rk, Grantor A '! Elenora Stark. Grantor THE STATE OF TEXAS ) COUNTY OF WILLiAMSON ) BEFORE ME, the undersigned authorlty, on this day Personally appeared FLOYD STARK, an Individual. known to me to be the person whose nems is subscribed to the foregoing Instrument. and he acknowledged to me that he executed the same for the purposes and consideration therein expressed and In the capacity therein stated. 'i G V UNDER MY HAND AND SEAL OF iCE. this the day of 1986. A t ;g deur..fir r.; rr 1 JRIICE L LAY t ry Pub I c 1 n an or 1/ Ifobr9FuOk'SbteofTan r •4,f�l.Mtcommissiem Ejoe,Jvly Is.1959 th State of Texas Commission Explress THE STATE OF TEXAS ) COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority. on this day Personally appeared ELENORA STARK, an Individual, known to me to be the person whose name Is subscribed to the foregoing Instrument. and she acknowledged to me that she executed the . same for the purposes and consideration therein expressed and In th c city therein stated. GI N UNDER Mf HAND AND SEAL OF OFFICE. this the of 1986. A.O. day JANICE L.LAY o ary Pub l i c In nd for k-+r fubk.Stole of ton a State of Tex s c „fnm�o MTCommrt4onE.pruJWr8,1989 MY Commission Explrest ; 'r OFFICIAL ItECOM +<- i` sro.aMrao.r SPWI t MALA Austin Data Inc. TT ADII0498 WM 8638365. 001 EXHIBIT a.142NrA50 "A.. Er31I11T "A" FACE 1 OF 1 01/24/86 FIRM NOTES OF 0.063 ACRES k Fl= ROM describing a 0.063 acre tract or parcel of land. being a strip of *' land tan (10) foot in width. and being a portion of that certain 2.55 sere Lot r , 2. Round Rock East. Section One, an unrecorded subdivision, conveyed to Floyd L Stark by deed recorded in Volume 618. Page 948 of the Dead Records of i Williamson County, Texas, and being more particularly described b7 eete4 and bounda as follows: BIDGINHINO at as iron pin found in the north right-of-way line of Gatti$ School load, being the southeast corner of Lot 1, of said Section one ale o being the i southwest corner of said Lot 2, for the southwest corner and POINT OF BEGINNING i Of the hereinafter described 0.063 acre tract. T1dgNC6 departing said north right-of-way line, 41009 the division line between said Lot 1 and said Lot 2. for the vest lino hereof. N00.29123"E, 10.00 feet to a point for the northwest corner hereof= THEM along a line being too (10) feet north of and parallel to the north right-of-way line of said Csttis School Road, for the north line hereof. S89e30135"8. 277.92 feet to a point in the west right-of-way line of East Rock Cove, a fifty (50) foot wide right-of-way. for the northeast corner berooft THENCE along amid vast right-of-wey line of said East Rock Co". for the east 5. I ine hereof, along the arc of a curve to the right having elements of dolt a■ F.70°31'44". radius= 15.00 feet. arca 18.46 foot, tangent" 10.61 foot. chord•and chord bearings 17.32 feet. S53•13133"W to a point in said north right-of-way line of said Gattis School Road, for a Point of Tangency hereof: y THan along said north rightrof-way line of said Gattis School load, along a i line being ten (10) feet south of and parallel to the north line herein ;. described, for the south line hereof. N89.30135"W. 263.78 feet to the POINT OF `• • BEGINNING of the ber"in described tract, containing 0.063 *cram (or 2741 square feet) of land. I. Steven D. [allemn, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on-tha-ground survey +� eonductod under my direction on the 24th day of January, 1986. All cotsers located are as described. BAYNIE i RALLNAN. INC. �t OF % A ...... . . )* Staves D. ICalleea, !, 3MM 0.MLLMAR Registered Public Surveyor No. 33317 �U•• Dace 1 • � 4 Austin Data Data Inc. TT ADI10498 WM 8638365. 002 " — � E451 EXHIBIT VOL I M22 PAL SKETCH TO, ACCOMPANY FIELd NOTI=S ' "A" FOR 0.063 ACRES . r i, ,vowww weA,, ".rr las' MfAl e.v� I sire s os.#e �nsnrw`a. s.�rw .aero trim �; �. fps, �s./isl• j vic. i/s, i4.�iB � ��� z IN < rwr�N v } W M A%PAVr Al .f///•.i10'1i•A/`Ii.>7 7/' .ayJl'ati• .,ow.AW ... i .. I�rf/.YAC/.M� t•N.06 raN.ii STATE OF TEXAS COUIM Of r' a I bMeby ftdk frac ft InsfivM 11 ra '� all OM day end of IM time stamped hFILED by me;and was My RECORDED.in the bw R and Page Of the named RECORDS of WilGamsa � County, Teras,n syha mped eoe by me,on o:0 SEP.18 an �o Cn C/ DONJYs WIMAMSONC 1 Y r COUNTY,TEXAS �rviBir e/- ` Haynie & Kallman Inc.! " tq,��q CONlO�TIN! dlINEER! "'� 1104 leetss 7 ROOM Roth,Aeo efN 0M Uo-roal Austin Data Inc. TT ADI10498 WM 8638365. 003 EXHIBIT WILLIAMSON COUNTY, TEXAS A" WARRANTY DEED GRANTORS: MICHAEL L. PAVLIK and ANNA L. PAVLIK, his wife 1000 East Rock Cove Round Rock, TX 78664 GRANTEE: THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST MICHAEL L. PAVLIK, Trustee ANNA L. PAVLIK, Trustee, or their successors in trust 1000 East Rock Cove Round Rock, TX 78664 CONVEYANCE: FOR VALUE RECEIVED, Grantors have conveyed, granted,transferred and assigned, and hereby grant,convey,transfer and assign to Grantee, all, and no less than all,of the following described real property: 4.42 acres recorded by Deed, Volume 2373, Page 760 in the Deed Records of Williamson County, Texas, being a tract of land out of the P.A. Holder Survey in Williamson County, Texas, and being a portion of that certain 115.58 acre tract of land conveyed to Glenn Neans by Deed Volume 590, Page 680 of the Deed Records of Williamson County, Texas, said tract being also known as Tract 8 of Round Rock East, an unrecorded subdivision, and being more particularly described by Metes and Bounds as follows: BEGINNING at 1/z" rebar found at the Northwest corner of the above described 115.58 acre Neans tract of land, said rebar being also the Northwest corner of the above described Tract 8, for the Northwest corner and PLACE OF BEGINNING hereof; THENCE, with the North line of said Tract 8, being also the South line of that tract of land conveyed to Carl Anton Forsman in Volume 128, Page 456 of the Deed Records of Williamson County Texas, N 84° 20' 00" E 926.95 feet to a 1/z" rebar set at the common Northerly corner of Tract 7 and Tract 8 of said Round Rock East (unrecorded subdivision) for the Northeast corner hereof, from which point a 1/2" rebar found bears N 84° 20' 00" E 0.82 feet; THENCE, with the common line between said Tract 7 and Tract 8, S 38' 25' . 1 EXHIBIT d 4� 00" W 550.44 feet to a 1/z" rebar set at the common ` Tract 7 and Tract 8, said rebar beginning in the R.O.W of as East Rock Cove for the Southeast corner hereof, from which point a.ifi . rebar found bears N 57° 08' 59" E 0.78 feet; THENCE, with the R.O.W. line of said cul-de-sac along a curve to the left, having a radius of 50.00 feet, an arc distance of 55.85 feet and a chord which bears S 87° 42' 00" W 52.99 feet to a 1/i" rebar set at the common Southerly corner of Tract 8 and Tract 9 of said Round Rock East for the Southwest corner hereof, THENCE, departing said cul-de-sac R.O.W., with the common line between said Tract 8 and Tract 9, N 57° 03' 00" W 628.55 feet to the PLACE OF BEGINNING containing 4.42 acres of land, more or less. SUBJECT TO: (1) any overlapping of improvements or encroachments which a survey would reveal; (2) valid and enforceable land use regulations, restrictions, and conditions; (3)real property taxes,prorated to date; (4)any recorded right-of-way,easement,or other exception to title(including liens) which an examination of title to the property would reveal; (5) any loan or encumbrance secured by a vendor's lien or deed of trust upon the property; (6)rights of parties in possession under lease or as an inspection of the property would reveal. FURTHER RESERVATION AND EXCEPTION: THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST is a revocable inter vivos trust created by and under the trust laws of the state of Texas and for the use and benefit of MICHAEL L. PAVLIK and ANNA L. PAVLIK . To the extent a transfer to the trust will create a loss or diminution of the exempt property status (i.e., exemption from the claims of creditors) of homestead property under the laws of the state of Texas or a loss of any property tax benefit accorded by the laws of the state of Texas to homestead property, Grantors retain and reserve such estate and title required under the laws of the state of Texas necessary to preserve and protect: The exempt property status given, or as may be enlarged, by the laws of the State of Texas. The property tax exemption(s) given, or as may be enlarged, by the laws of the State of Texas. FURTHER RESERVATION AND EXCEPTION: This transfer of real estate to THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST which is encumbered by a mortgage or deed of trust may prohibit any transfer thereof without the consent of the lender and may give the lender the option to call the unpaid portion of an installment note immediately due and payable if a transfer is made without the lender's consent. These restrictions are generally called "due on sale" or "due on transfer" prohibitions. Any transfer directive or contribution directive specified by this instrument is subject to any such prohibition or limitation. Grantors reserve and retain such estate and title to the property as will not violate the due on sale or due on transfers of any mortgage, deed of trust, or other instrument, if any and to the extent applicable to a transfer of this property to THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST. To the extent a transfer of this property is limited by 2 any applicable due on sale prohibition or due on transfer prohibition, ownership will fully vest in THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST only upon receipt of lender's consent to the transfer or upon final release of the mortgage or deed of trust lien by the lender or by the assignee thereof. OWNERSHIP OF THE PROPERTY PRIOR TO THE TRANSFER TO THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST: It is acknowledged and agreed that this property is owned, immediately prior to this transfer, as MICHAEL L. PAVLIK and ANNA L. PAVLIK property. This agreement supersedes any other agreement or arrangement to the contrary. This Trust agreement referred to in this deed is a Qualifying trust in that the agreement creating this Trust provides that the Trustor of the Trust has the right to use and occupy as the Trustor's principal residence residential property rent free and without charge except for taxes and other cost and expenses specified in the instrument until the date the Trust is revoked or terminated. CONSIDERATION: Ten and no/100 Dollars and other valuable consideration paid to Grantors by Grantee, the receipt and sufficiency of which is hereby acknowledged. HABENDUM AND WARRANTY: TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors, personal representatives, and assigns forever; and Grantors do hereby bind Grantors, Grantors' successors, personal representatives and assigns, to warrant and forever defend, all and singular, the said premises unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The use of personal pronouns in this instrument shall be construed in context, with the masculine to include the feminine, when appropriate, and the singular to include the plural, when appropriate. EFFECTIVE DATE: This transfer and conveyance is effective as of the date of this instrument. If this instrument is not immediately recorded, MICHAEL L. PAVLIK and ANNA L. PAVLIK will hold title in trust and as nominee for and on behalf of THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST. DATED and EFFECTIVE this day of , 2001. EXHIBIT «A„ 3 cCc �v7•�I. EXHIBIT W&REANTY DEED BERNARD P. PROSISE, ACTING BY AND THROUGH HIS ATTORNEY-IN- FACT, ENNA B. PROSISE, and wife, THERESA J. PROSISE, hereinafter calledGRANTOR, for the consideration hereinafter stated, does GRANT, SELL and CONVEY unto DAN VI TRUONG, hereinafter called • GRANTEE, the following described real estate, together with all improvements thereon, situated in Williamson County, Texas, to-wit: Approximately 4.18 acres of land, more or less, out of the P. A. Holder survey in Williamson County, Texas, being the same property described in the Deed from Finis Sweazea and wife, Ina Lou Sweazea to Bernard P. Prosise and wife, Theresa J. Prosise, dated April 28, 1979 and recorded in Volume 710, Page 479, Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the GRANTEE, GRANTEE'S heirs, executors and administrators, forever. And GRANTOR does hereby bind GRANTOR, GRANTOR'S heirs, executors and administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the said GRANTEE, GRANTEE'S heirs, executors and administrators, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to all restrictions, easements and mineral reservations, if any, which are of record applicable to the property hereby conveyed. The consideration for this conveyance, receipt of which is • hereby acknowledged, is as follows: (1) $10.00 and other valuable consideration paid to GRANTOR for which no lien either expressed or implied is retained. (2) $43,000.00 advanced and paid at the instance and request of GRANTEE by GRANTOR for which GRANTEE has executed a promissory interest bearing note to said GRANTOR, as well as a dead of trust to RICK AKINS, Trustee, to secure the payment thereof, all of even date herewith. (3) The vendor's lien and superior title are specifically retained by GRANTOR against the property described herein until said note and all interest thereon are fully paid. 9REAIa48sREAL38 - 1 - UiHi N L RfCURUS IAi'lSiM CootiTy,7TXAs E A Austin Data Inc. TT ADI10498 WM 9012894 .001 EXHIBIT .. IVOL 18%?,.E336 Grantse's Nailinq Address: 1002 last Rook Cove Round Rock, Takes 78664 , Executed this 25 day of April, 1990. ' BERNARD P. PROSISE, ACTING By AND i THROUGH HIS ATTORNEY-IN-FACT, F EMMA B. PROSISE ENPA B. PROSISE no.,r THERESA J. PROSISE v i THE STATE OF TEXAS + COUNTY OF WILLIAMSON • This instrument vas aaknovlsdged before me on the, �s day of April, 1990, by EMMA B. PROSISE, as Attorney- for ' BERNARD P. PROSISE. i Nota as a Print ur c0uu,4Aw t.hMt Commit iiio,t:= xpitvse 50"8 Imo.^ THE STATE OF TEXAS • COUNTY OF WILLIAMSON • This instrument vas acknovledged before me on the day of April, s 1990 by TMMSA J. PROSISE. . „ ,,... �pN4 T.. A yJhlo�'er iG%1 Notary Publi litato Texas Printed Name Commission expires S ��111RfS.� 9REAL148:REAL2S ' •"" Z - Austin Data Inc. TT ADI10498 WM 9012894. 002 EXHIBIT ,L1 1549PAQ;715 EXHIBIT A METES AND BOUNDS DESCRIPTION LOT 10 ALL OF THAT'CERTAIN PARCEL OR TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY IN WtLLIAMSON COUNTY, TEXAS AND BEING A PORTiON OF THAT CERTAIN 115.58 ACRE TRACT OF LAND AS CONVEYED TO GLENN NEANS BY DEED RECORDED IN VOLUME 590, PAGE 680 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID TRACT BEING ALSO KNOWN AS LOT 10, OF AN UNRECORDED SUBDIVISION NAMED "ROUND ROCK EAST SECTION ONE" AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an Iron pin found In the north r.o.w. IIns of Gattis School Road at the -southwest corner of that certain 115.58 acre tract of land as described In Volume 590, page 680 of the Deed Records of Williamson County, Texas; THENCE N 040521 W 748.88 feet to An Iron pin set for the southwest corner and PLACE OF BEGINNING hereof; THENCE continuing N 049521 W 132.50 feet to a point for an angle point hereof; THENCE N 07°440 E 214.68 feet to an Iron pin set for the northwest corner hereof; { THENCE S 89.021 E 594.42 feet to an iron pin found In the west r.o.w. line of East Rock Cove for the Northeast corner hereofj 1 THENCE with the west r.o.w. Iine of East Rock Cove, S 09581 W 345.00 feet to an Iron pin found for the southeast corner hereof; THENCE N 890021 W 606.27 feet to the PLACE OF BEGINNING and containing 4.83 acres of land. AS SURVEYED BY: RALPH HARRIS SURVEYOR P.C. ��GE�"" -%� tE OF•r� RALPH W. HARRIS REG. PUB. SUR. NO.1729 *: :♦ 1406 NETHER 'FALPN W.HARRIS AUSTIN, TEXAS 78704 ••r• d. 1729 APRIL 20, 1987sk,"`�`° 9<�L, NS7:14261.MEB i }a 1549P4GE716fifE EXHIBIT 1 SURVEY PLAT "A" I.THE UNDERSWANED,HAVE,THIS DATE,MADE A CAREFUL AND ACCURATE SURVEY OF PROPERTY LOCATED AT No. East Bock -9 iN Williamson County Texae :) BEING DEICRIRED AS FOLLOWS: or- 1 . 4.93 acre• Gott of the P A—Solder ransto in Williamson County Texas J ASURDIVISIOH it hlillintnv[sn _COUNTY,TEXAS I. ACCORDING TO THE PLAT THEREOP RaCORDED IN PLAT ROOK PAS Of THE PLAT MM RECORDS OOIINI Y,TEXAS. Rte" WYER: »Wi lhtn HAeleahai l i i V l H ti. 0 i � n i F►`cae7:r6cAk - P� G�IyeP.,� l h . Q .irB9'42ems' ccd.?s- /s" --1 J/ • i ME UNDBRSlQAWDMMEN"yCFJF77}7'7D - AND BUYERANDSELLERAAOYE ANHIED THAT TIVISSVRVEYWAS TTftf OAY A/ADEONTMECROVND OPTNf PROP£RTYDESCRlR£D MEREQNAND eSCORREM.ANA THAT THERE ARE NO AISCREPAAC=CONfLCTS,OVERLAPPING OF LWPROVEMEJYTx VISION'UMM EASEMENTS OR ROA&• WAYS EACEIT AS SMOIYIV MMECK AND?NAT SAID PROPERTY/JASACCESS rO AND PROM A DEDICi TED ROADWAY EXCE?AS SMOWN NEREGW.Fmis PROPERTY MAT RE iUVZCT TD ADZONASEWENTS OR RES lC170M, tauyFnAsasRURvsroas,a+c.I4oFFr.�w r DATF 4/17/87 DiV0ILEm0-L%17—._MORI0RDERN0.-14161 SCALE 1"r lOn' RAlnh' iinrriw a - EXHIBIT "A" VOL 95,54GE r EXHIBIT or tract of land out of the P.A. Holder Survey in All of that certain parcel u A» Williamson County, Texas and being a portion of that certain 115.58 acre tract l'1 of land as conveyed to Glenn Neans by Deed Recorded in Vol. 590, Page 680, of the Deed Records, Williamson County, Texas. Said Tract being also known as Lot 11 of an unrecorded subdivision named Round Rock East Section One and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the North r.o.w. line of Gattis School Road at the Southwest corner of that certain 115.58 acre tract of land as described in Vol. 590, Page 680, of the Deed Records, Williamson County, Texas. THENCE N04052'W for a distance of 402.08 feet to an iron pin set for the Southwest corner and PLACE OF BEGINNING hereof THENCE N040 52'W for a distance of 346.80 feet to an iron pin set for the Northwest corner hereof. THENCE S89002'E for a distance of 606.27 feet to an iron pin set in the West r.o.w. line of East Rock Cove. THENCE with the West r.o.w. line of East Rock Cove, S'0°58'W for a distance of 345.58 feet to an iron pin set for the southeast corner hereof THENCE N88058'30"W for distance of 571.02 feet to the PLACE OF-BEGINNING and containing 4.67 acres of land. CD to O U Ct:,vLL' \� STATE OF TEXAS COUNTY OF WILLIAMSON co I hereby certify that this Instrument was FILE on the date and at the time stamped hereon o << by me; and was duly RECORDED, in the Volume W and Page of the named RECORDS of Williamson —t M Q� ' County, Texas, as stamped hereon by me, on DEC 7 1933 COUNTY CLERK or au WILLIAMSON COUNTY, TEXAS I ?vn EXHIBIT g a pn � D An Analysis of Traffic Impacts for the Proposed Development of East Rock Cove Site Prepared by City of Round Rock Department of Transportation Services November 14, 2007 4 ^ +04 rs MARTIN � "250 r < y �1 7 1 EXHIBIT tr a An Analysis of Traffic Impacts for the Proposed Development of East Rock Cove Site Background The East Rock Cove site under consideration is a 29.77 acre parcel consisting of nine (9) residential lots. The main access to this site is East Rock Cove, a dead-end two lane street, approximately 22-feet in width in a 50' wide right-of-way. Of the nine lots, five have frontage only on East Rock Cove, two have dual frontage on East Rock Cove and A.W. Grimes Blvd., one has dual frontage on East Rock Cove and Gattis School Road, and the final lot has frontage only on Gattis School Road. An aerial photo, showing the arraignment of the existing lots is shown in Attachment"A". The East Rock Cove site was submitted as a Planned Unified District (PUD)for a future mixed use commercial development consisting of retail, restaurant and office components. As required iii the City's Zoning Ordinance for any zoning change including a PUD, a Traffic Impact-Analysis (TIA), complying with the requirements the City's Transportation Criteria[Ma0ual (TCM),..was needed. To address this requirement, the owners of the=property=with�rfhe East Rock Cove site hired the firm of John F. Hickman &Associate''-perform the yt The initial TIA subriiittal from John.F. Hickman &Associates was received by the City on or about the last'week of:March 2007. After extensive review, this submittal was returned to John F. Hickman ;on`April"20, 2007 as unacceptable. A copy of our review is contained in Attachment``B". While the initial submittal hada a significant__number._oLlechnical_issues,_including+ not complying with.the requirements :of the JCM-oche rnalgr: issue t in x,the .TlA• was,t the proposal to develop 530,828 square'feef of builds g "on the sitd.-7hb ot6l'24=hour traffic volume for this size development is 22,083 vehicles per day. A breakdown of these figures is shown in Table 1. Table 1 Proposed Use Building Sq. Footage 24-Hr. Volume(vtpd) Retail 450,000 18,052 Office 55,828 852 Restaurant 25,000 3,179 Total 530,828 22,083 It was felt that this level of development was inappropriate for this particular location and would create significant congestion on both A.W. Grimes Blvd. and Gattis School Road. Additionally, there were concerns that there was insufficient acreage available to construct the 530,828 sq. ft. of development and provide required parking, rights-of-way, easements, setbacks and landscaping. 2 EXHIBIT "B" To put the size of development into perspective, at 450,000 sq. ft., the proposed Retail development alone would be approximately 73% larger than IKEA. Further, 24-hour traffic volume for the Retail portion of the proposed development represents a 59% increase in traffic on A.W. Grimes and a 40% increase in traffic on Gattis School Road. After considerable discussions with the land owners and their representatives, it was decided that the consultant would revise the TIA to address some of the concerns previously provided to John F. Hickman & Associates as well a determining applicable traffic volumes to produce a Level of Service (LOS) not worse than a "D" for the intersections of A.W. Grimes Blvd. @ East Rock Cove, A.W. Grimes Blvd. @ Gattis School Road and East Rock Cove @ Gattis School Road. To make this evaluation, it was assumed that the intensity of the development would be decreased to reduce expected trip generation. It was also assumed that the projected traffic volumes on East Rock Cove would be in compliance with requirements of the TCM. During the first week of September 2007, the Supplemental Transportation Analysis was received from the consultant by the Department of Transportation. After review, it was determined that the TIA was still unacceptable. After several unsuccessful attempts to resolve this problem with John Hickman, this office was directed by the City Manager to complete the analysis ander rr OKE a-Aeterh ination as to the number of trips that can be feasibly gendrated by this site WithoUt'creating unreasonable levels of service. 3 EXHIBIT a u D wp 3 Analysis In their original TIA submittal, John F. Hickman &Associates noted that the existing East Rock Cove would be expanded to provide connectivity to both A.W. Grimes Blvd. as well as Gattis School Road. It was also noted that East Rock Cove would be classified as a collector street, with 44-feet of pavement within a 65-foot right-of-way. The proposed alignment of East Rock Cove is shown in Attachment"C". In accordance with the criteria noted in Section 1 of the City's Transportation Criteria Manual, East Rock Cove, as proposed, would be classified as a Major Collector Street. By definition, a Major Collector Street "serves as principal access to commercial developments". As also provided in Section 1, Average Daily Traffic (ADT) for this type of street is between 2000 and 6000 vehicle trips per day (vtpd). This range is substantially less than the 22,083 vtpd shown in the original TIA submittal as well as the Supplemental Transportation Analysis submitted by the East Rock Cove Ownership Group's consultant. To allow the most advantageous development of this site, the upper ADT figure of 6000 vtpd,was used for this determination. As a check of the applicability of the 6000 vtpd, and without knowing exact uses other than those shown to the TIA,;a-.model-was developed to determine the building square footage that would be a lowed;for the following blend of uses without exceeding the 6000 vtpd: Shopping Center general office ani( high turnover slt`=down restaurant. The results of this modeling are shown in-Tablet. Table 2 Proposed Use ;°'Building$q.Footage f . 24 Hr.�lolunie°(Apd) ,r Shopping Center 118;444 ._.'5 5,086 Office 57-220--- Restaurant 2;217 =630 Total 177,881 5,998 Determination of "Building Square Footage" and "24-hour Volumes" were made using information contained in the Institute of Transportation Engineers' (ITE) publication "Trip Generation", 7th Edition. To complete this analysis, a LOS determination was required for the intersections of East Rock Cove at A.W. Grimes Blvd. and East Rock Cove at Gattis School Road. To make this determination, recent traffic counts on A.W. Grimes Blvd. and Gattis School Road would be required. In accordance to the Guidelines in the TCM for TIA's development, these counts should have been a part of the TIA submitted by John F. Hickman & Associates; however, this work was not done by this consultant. As a result, a real-time count was made on October 17, 2007 by this office. The results of this count are shown in Attachment"D". Further, it was assumed that the intersection of A.W. Grimes Blvd. at East Rock Cove would be configured as a right-in from A.W. Grimes Blvd. and a right-out from East Rock Cove. At the intersection of Gattis School Road at East Rock Cove would be configured as a right-out from East Rock Cove and right-in and left-in from Gattis School Road. 4 EEXHIBIITB„ Finally, it was necessary to make a further breakdown of the 24-hour traffic volumes produced by the model into entering and exiting traffic volumes for the AM Peak Hour and PM Peak Hour. The resulting traffic volumes are shown in Table 3. Table 3 AM Peak PM Peak Proposed Use Enter Exit Enter Exit Shopping Center 74 48 213 231 Office 78 10 14 71 Restaurant 14 8 15 9 Total 166 66 242 311 Using the Transportation Research Board publication "Special Report 209 — Highway Capacity Manual' and,the:information generated above including the real-time traffic volume counts (prorat0d to a build out year of 2008) on A.W. Grimes Blvd. and Gattis School Road, LOS for thepreviously noted intersections was calculated. The results of these calculations are shoWh.in Table 4 'Table 4" Intersection AM Peak PM Peak A.W. GriBfvd @ N/A mes N/A East Rock Core D(Rt"Turn) < C(RLjufn) Gattis School Road �Dr(Lt. East Rock Core gC(Rt Tu`m) f fE,(fit Tum} While the trips being generated from the East Rock Cove would remain stable (assumed build-out), the traffic volumes on both A.W. Grimes and Gattis School Road should steadily increase at a rate of approximately 3% annually. With these levels of increase, it is expected that the "D" levels of service will degrade to an unacceptable LOS E in a matter of a few years. To address this, an alternative ADT for East Rock Cove was required. A mid-point ADT of 4000 vtpd was chosen. Using this ADT, the 24-hour traffic volumes for the same Land Uses previously evaluated were calculated and are shown in Table 5. Table 5 Proposed Use Building Sq. Footage 24-Hr. Volume(vtpd) Shopping Center 78,963 3,392 Office 38,147 188 Restaurant 1,478 420 Total 118,588 4,000 5 EXHIBIT "B„ As in the earlier analysis, a breakdown of these 24-hour traffic volumes for entering and exiting the site during the AM Peak Hour and PM Peak Hour for the previously assumed Land Uses was calculated. The resulting traffic volumes are shown in Table 6. Table 6 AM Peak PM Peak Proposed Use Enter Exit Enter Exit Shopping Center 50 31 142 154 Office 52 7 10 47 Restaurant 11 9 15 13 Total 113 47 167 214 Based on the data shown in Table 6 and employing the same techniques used previously, LOS for the, nfersections of A.W. Grimes Blvd. at East Rock Cove and Gattis School Road at East Rock Cove were calculated. These LOS are shown in Table 7. Table 7 Intersection AM Peak PM Peak A.W. Grimes Blvd @ N/A N/A East Rock,Co\'e - D(Rt. Tum) C (Rt. Tum) Gattis School Road C.jLt. Tum) C (Lt Tum) East Rock Coke C Rt'Tum D Rt Tum Using the 4000 vtpd scenario, two-thirds (2/3) of the intersectional movements were LOS C as opposed to only one-third (1/3) using the 6000 vtpd scenario. Factoring in the anticipated growth of traffic volumes on both A.W. Grimes Blvd. and Gattis School Road, the intersections of A.W. Grimes Blvd. @ East Rock Cove and Gattis School Road @ East Rock Cove should operate at an aggregate Level of Service no worse than a "D" through the foreseeable future. 6 EXHIBIT b 'B„ Recommendations Inasmuch as this office cannot accurately project the type of development which will be used at this location, it is not possible to assign a type of use for each of the lots, or any combination thereof. Therefore, it recommended that the 24-hour Traffic Generation be used to determine an acreage-based Traffic Generation for each lot. This analysis evaluated traffic impacts for a 24-hour Traffic generation for traffic volumes of both 6,000 vtpd and 4,000 vtpd. Using each of these volumes, a recommended total 24-hour Traffic Generation for each lot was developed. The results for the 6,000 vtpd scenario are shown in Table 8, while the 4,000 vtpd scenario is shown in Table 9. A limiting factor in using this methodology would be the ability to construct a specific sized development on a specific lot, while providing parking, set-backs and landscaping in accordance with City Ordinances. Finally, whatever development use is selected, it will be necessary to evaluate the LOS capacity at the intersections of East Rock Cove at A.W. Grimes and East ,Rock Cove at Gattis School Road to assure that individual movements do not fall b6low a LOS D. Table 8 24-hour Traffic Lot No. Acreage(Ac.) Generation(vtpd) 1 - 2.38 480 2' 2.55 514 3 `4.67 941 4 '4:$3._ 473 5 _ _...___ _..__.4:18 842 6 '2 446,- 7 2.21 445 8 3.03 611 9 3.71 748 Total 29.77 6000 Table 9 24-hour Traffic Lot No. Acreage(Ac.) Generation(vtpd) 1 2.38 320 2 2.55 343 3 4.67 627 4 4.83 649 5 4.18 562 6 2.21 297 7 2.21 297 8 3.03 407 9 3.71 498 Total 29.77 4000 7 EXHIBIT d a "� "BD Because of the much improved operation of the intersections of A.W. Grimes Blvd. @ East Rock Cove and Gattis School Road @ East Rock Cove using the a 24-hour total traffic volume of 4000 vtpd, it is recommended that the results shown in Table 9 be used for the proposed East Rock Cove development. To calculate the ultimate square footage of a development on any the lots, the average trip generation rate on a weekday (from the Institute of Transportation Engineers' (ITE) publication "Trip Generation", 7th Edition) can be used. The factor would be divided into the 24-hour trip generation, with the result being multiplied by 1000 to determine the square footage. For example, the trip generation rate on a weekday for a High-Turnover (Sit-Down) Restaurant is 127.15. Dividing this by the 24-hour Traffic Generation for Lot No.1 above, the result is a building size of 2,517 square feet. However, as noted above, it will still be necessary to include as include parking, setbacks, easements and landscaping to ascertain if this type of;development could be sited on this lot. ,y s 8 EXHIBIT 3 wi �� Attachment "A" 9 EXHIBIT 13 MO. B � v � moi• R � a I E Y v- M Plroperky WOAD R Acreage' 1 R071631 2.43 2 R071632 Z.48 3 8071641` 4.73 4R32199r 4.69 5 8071639 4.04 6 8324375 2.63 7 8071638 1.9 SRI 8 8071637 3.13 9 8051393' 3.7$ Total 29.8 9 EXHIBIT N _d i„ Attachment "B° 11 EXHIBIT t? d 9 OO 7 FURPOSE.PASSION. PROSPERITY. April 20, 2007 John F.Hickman/David Greear John F. Hickman & Associate's 101 West Sixth, Suite 820 Austin, Texas 787701. Re: Traffic Impact Analysis, East Rock Cove Master Plan Dear Mr. Hickman and Greear: Based on our review of the Traffic Impact Analysis (TIA) submitted for the referenced development, the TIA submitted byyourfirm is not acceptable based on the information outlined in the attached comments. On resolution of the identified comments, this report can be submitted for reconsideration. If you have any questions or require additional information, please contact me at 218-5562. Sincerely, Mayor �� Nyle Maxwell MayorPro-tem Thomas G. Martin, P.E. AlanMcGraw Director of Transportation Services CoancilMemhers cc wlencl: Jim Stendebach, Director of Planning Rufus Honeycutt joeClifford CARR Development Review Committee CarlosT.Salinas ScottRhode Ted Williamson CityManager jamenR.Nuse.PE. CltyAttorney StephanL_Sheets C ITY O FROU N D RO CKDEPARTmENT of TRANSPORTATION'SERv[ccs.2.t2Coin merceCove•Round Rock.Texas78664 Phone:512..218.5562-Fax:5.1Za18_3242-www,ci.round-rock.tx.us EXHIBIT rROCK.'l EXr4SSSIOU PROSPERITY TIA Submittal Checklist(Site Plans) TIA Name: East Rock Cove master Plan TIA Date: March 2007 Scope of TIA Yes No N/A Comment Study area(as defined in consultation with staff). ❑ ® ❑ z Target year for project build-out 0 ❑ ❑ 0 Trip.Generation Proposed land Use by square footage for each tract ❑ ® ❑ z Generation rates based on proposed square footage Daily X ❑ ❑ Q Peak hour(AM/PM/other) ❑ ❑ ❑ Trip Distribution Percentages for directional distribution 0 El Sources of information ❑❑z z Traffic Assignment ❑ Roadway network in study area(existing and proposed) ❑❑ Driveways Traffic Forecast. Existing 24-hour 0 ® ❑ Z AM/PM peak traffic ❑ z Copies of field data El Assumptions on annual growth rate or other source of future E 0 0 background traffic at time of build-out Projected site for 24-hour 1:1 El Background for 24-hour Total traffic for 24-hour ❑ ❑ Projected site for AM/PM peak ❑ Background for AM/PM peak 1-1 ED ❑ Z Total traffic for AM/PM peak Capacity Analysis°for.:Street Intersections and Driveways Intersection/roadway geometry(existing and proposed) ❑❑ Adverse impacts which cannot be avoided Q ED Transit issues(if applicable) ❑ [] 19 0 Traffic Impact Assessment Impacts expressed in quantitative terms ® a El 0 Adverse impacts which cannot be avoided 1:1 El Transit issues(if applicable) [] ❑ z Recommendations Roadway improvements 0 Traffic operation modifications Z El El Limitation of land use intensity ❑ ❑ Certification Statement ❑ ❑ E Page 1 of 5 EEXHBIT „ JRr ROCK,TEXAS ?UP="MIOM PROSEOM Comments: Study area (as defined in consultation with staff) Study area is not clearly identified in report. The study area should have been defined in consultation with staff. In addition, the study area (exclusive of staff identified elements) should be more comprehensive to include additional intersections and/or driveways adjacent to the site as well as others to demonstrate impacts upstream and downstream A.W. Grimes and Gattis School Road, Target year for proiect build-out • Is 2008 a realistic development horizon for this development? • What happens in 2018, will there be additional development not shown? • Why is the development year of 201:8 included in this TIA without additional significant correlation? Proposed land use by square footage for each tract Summarize or separate trip generation by tract or pad. Sources of information Please include documentation deriving percentages for directional distribution Roadway network In study,area (existing and proposed) • Figure 1 (Site Exhibit) does not identify the study area and intersections as defined in the scope and additional intersections or driveways relative to the site and the study. • Figure 1 (Site Exhibit) does not accurately represent the proposed roadway network within the study area for the target year. This figure does not show the divided medians on A.W. Grimes or Gattis'School Road • Figure 1 (Site Plan) should be produced to a usable scale(i.e., V=2001 • Figure 1 (Site Plan) does not indicate whether driveways/intersections shown are existing or proposed. • Figure 1 (Site Plan) does not indicate the any of the proposed driveways on East Rock Cove. • Figure 1 (Site Plan) should identify proposed development tracts associated with proposed driveways. • Figure 1 (Site Plan) should identify circulation routes within the site and all driveways bordering to the site should be shown, included and accounted for in the analysis. • Figure 1 (Site Plan) does not reflect the names of surrounding/associated development referenced in the report. • Figure 2 (Gattis School Rd./AW Grimes Blvd. 2006 Intersection Configuration) does not reflect the geometry of the horizon year to show Gattis School Road with the current proposed improvements. As is,this figure is incorrect relative to the right turn movement from westbound Gattis School Road to northbound A.W. Grimes. This movement currently exists as a shared through-right. The preceding comments also apply to Figures: 4b, 5b, 6b, 7b. Page 2 of 5 EXHIBIT iu d \\ ROVl\iJ ROM ll.::(�t1J PURPMWMn1tPAOSPMk Roadway network in study area(existing andpronosed)-continued • Roadway Design Concepts section of the appendix does not include a typical section referenced in the text(44' of pavement in 65' right-of-way). • Recommendations suggest a four-lane alternative to East Rock Cove. Where is the typical section associated with this alternative? • Where is the detail on the roundabout? Appendix has a generic 4 leg roundabout concept, but lacks one speck to this proposal with dimensions. Driveways • Potential issues exist with the intersection of East Rock Cove and Gattis School Road. The left tum storage for eastbound Gattis School Road to northbound East Rock Cove is limited by additional intersection constraints immediately west of'the East Rock Cove intersection. This left tum storage is limited to 90 feet. Current proposed left turn volumes equal or exceed the capacity of the design criteria associated with this left tum bay. Because of the aforementioned constraints, this storage capacity cannot be increased significantly now or in the future. • Ultimately, Gattis School Road will become a six lane median divided arterial. At that time, it is unlikely that the East Rock Cove/Gattis School Road intersection would remain in its proposed configuration and southbound left turns would likely be prohibited at this location if it remains un-signalized. A signal at this location would also be objectionable due to the intersection spacing of 550' with the A.W. Grimes/Gattis School Road intersection. Existinq 24-hour Please provide existing 24-hour counts. Counts submitted derived from TxDOT traffic counts from 2002 are unacceptable. 24-hour counts should be the average of three days of counts not including Friday through Monday. AM/PM peak traffic • Please provide current traffic counts. Counts submitted from 9/2006 do not reflect potential changes in traffic patterns due to the opening of SH 45 (11/2006). AMIPM counts should be the average of three days of counts not including Friday through Monday. • All 2006 intersection analysis of A.W. Grimes/Gattis School Road is inaccurate due to intersection geometry configurations coded. Copies of field data Please provide copies of all field data. Assumptions on annualgrowth rate or other source of future background traffic at time of buildout Please include and provide documentation and calculations for the traffic associated with the development located in the northwest quadrant of the A.W.Grimes/Gattis School Road Intersection for inclusion in the TIA. Page 3 of 5 EXHIBIT >v "B„ l ROUI�iD ROCK,TEXAS PURPOSEPIi-WOM PROSP£RM Background for 24-hour Please provide background 24 hour projections. Total traffic for 24-hour Please provide total traffic projections(24 hour projections plus projected site). Protected site for AM/PM peak Capture reductions are excessive. Current capture reductions for trip generations from the TIA are as follows: Table 1 (ADT vol) Table 3(ADT vol) Reduction Office 852 809 05% Sit-Down Restaurant 3,179 1,721 46% General Retail 1800.52 11,319 37%0 As stated in the Transportation Criteria Manual — "Reductions for internal capture, pass-by traffic and transit usage should be discussed with the staff in defining the scope of study and must be supported by adequate documentation. No reductions in trip rates may be made for driveway turning movements unless it can be documented that certain trips will not use the driveway" Background for AMJPM peak • Please be consistent for any analysis horizon year in clearly identifying background, site, and total traffic for all intersections and driveways addressed. • Background traffic should also address the increases in traffic due to the latent demand associated with the 2.007 connection of A.W. Grimes with FM 1460 at US 79. Total traffic for AMIPM peak All 2008/2018 intersection analysis of A.W. Grimes/Gattis School Road is inaccurate due to intersection geometry configurations coded. Intersection/roadwaygeometry eometry(existing and proposed) Please provide iiiustrations for all intersections and driveways associated with this TIA. Adverse impacts which cannot be avoided Specifically address all impacts witch cannot be avoided,those of a Level-of-Service of"D" or worse Impacts expressed in quantitative terms Demonstrateldefine pro-rata assumptions and calculations for all recommended improvements. Impacts should also address: • Right tum lanes. • Pro rata share of signal installations. Page 4 of 5 EXHIBIT BD ��Q// �RotJN))RUCK,TEXAS PURPOSEMROM PROSPERITY ROW dedications and utility modifications associated with improvements (tum lanes and traffic signals). Roadway improvements • Suggest reexamination of overall site access considerations with emphasis on the potential loss of the southbound left at the Gattis School Road/East Rock Cove intersection and altemative concepts, especially if a four lane section is to be considered. • Also suggest roundabout concept be reexamined. Although aesthetic, the application that is being developed in this plan has no positive value and may be more of a negative considering the connectivity of just two legs. Limitation of land use intensity Limitation of intensity or change of proposed land use may also be valid in considering site access limitations Page 5 of 5 WNy ¢1 V t 8 ffi M w ''f!IL .. ..,.,- .::::r....=s.niw�llA. 1ree•.+id•+'xr 7aw.�...,..«. _ .. - "r"..a- _ Wi .�'^G. .wW:.fi. :w'Y'�..�.�.'"...a'��T._..._..,_.� r:�t rr❑1`e1'4r f r t —�— ' lsTi U 111 � `� ik 1 r � �iMTtalx Rs�Isw 01(T. u .e .. ..111M,4i _.- t 7 PROJECT LAYOUT GATTIS SCHOOL ROAD 0 100 goo 400 i xkc 1+•tee• r tlaDrir•.Kerw ' 1 OF'i _+j �st[6rC�k0r1�Nc5 IT tabbies,s m EXHIBIT k k YT 19 EXHIBIT 0 FIGURE 1 Site Exhibit 0 ® b a ? {I u 0 b h u E v 42.12 Acres gattla School Road A MASTERPLAN for EAST ROCK COVE Fast Rock Cove-Collector Street-44'Wide Pavement-65"ROW 1.327,070 square feet-.Buildable Area F.A.R.-.25-331,767,5 sq.ft. Drive-4n Restaurant Allocation-25,000 sq.lt. Retail Allocation•275,000 sq.ft. Office Allocation-31,767.5 P.A.R.-.40-530,828 sq.ft. Drive-in Restaurant Allocation-25,000 sq.ft. Retail Allocation-450,000 sq,ft, Officc Allocation-55,828 sq.ft- Round Rock,Trxas EXHIBIT $ B„ Y � a � X Attachment "D" t 22 EXHIBIT "B„ HOUR Gattis School Rd A.W.Grimes Begin EASTBOUND WESTBOUND TOTAL NORTHBOUND SOUTHBOUND TOTAL, 10:00 AM _472 5621034 234 302 536 11:00 Ann - 725---- ----. .354..............1279... --Z8:9 .... ---• -312-- 601----- 12:00 PM - - 724 --- -. . 590----- --- -13'i4'--. ... .348 .... ---- -384" - -----698.__.. 1:00 PM ---- -666 --. ---- 592-_-_•-_- ._..__.1258------ -•-- 332"---- ---- '370'-- - - -702•_--- 2:00 PM -'-_ 694 ---• - -- '542 . . 1236 ... .. 380 ---- ---•399---- -• - 779----- 3:00 PM 732 --- • - 648- -- 1378 --- --- -484.. .- •414 ... --898 . 4:00 PM ------1os0------ ...- 609--------------iy49----- ----- 0"5 --- --- :5 ---------------1309.... 5:00 PM --•1199- - - --- 894_. . ... 2093.. .. 1084 '-• ---- -574- -- --- 1658 - 6:00 PM 1as7--- - -751...._ .. --1838 . - - '769 ... ......................................1 7:00 PM ....... -- -885 -- .... .538.............. - .. ... 1426 .. .....466 -- ------36 .............. --- ...832'--- 8:00 PM .....632 .... ---- -324---- -----956--•-- ................... "-- ...........................641 9:00 PM --- 6: ---- ---- -218_ ..- -- --704 264-•---. ...._.202. .. -•--- 5- ... ------------------- ----------•------- -•-------•-----•-- -----..........--- ................................ -- 10:00 PM 244121 365 186 115 301 11:00 PM ..... 25 ..... 82 --... ...__207..--• -----114 ---. ...... s7 _... ...- 181....... 12:00AM --.. . ----- ---- 51------ -----135----- ..--6 ------- ---------2----• ------94------ 1:00 AM •-----43- •--- - -...- 66• '--- -....-7$...--• -- -34•--•-- ----- -19- •-- ------63•----- 2.00 AM --- -34 --- --------1s• ---- ........4i --------26----- ----.---14 ---- ------64 .... -- - ---- --- --- - --1: -- --41• - - -- -- ---- - - - - - - - -- - -•-- - 3:00 AM 22 22 - 5- 48 .4:00 AM ..- 28 ----- --- $0- --- -- --ib ----- -------19�-------- ------------------ --------- 5:00 AM -•--- -93 ---- --.. .22+6 319 - _ ..-62----- -- --148............... 10'--- 6:00 AM ----_422 --- _ 474 - --' $9f - - -- 206----- -- 515 ' - --- •721... 7:00 Ann ---- 588 ._. • .._ 904 -_ ..- 1489--- -.. .308----- -----1104 -- 1412..._. 8:00 AM 611 916 _ 1427..... ... .3......... .... .'704 - --------- 801174 . 9:00 AM 440 640• J'Og 242'----- 422 ------ 664 - 10TA[. 11982 10478 22460 7375 7848 15223 ` GRAND TOTAL FOR APPROACHES = 37683 N Lot WCAD ACREAGE 24 hr TRAFFIC Generation (vtpd) 1 R071631 2.38 320 AY 2 R071632 2.55 343 3 R071641 4.67 627 4 R321997 4.83 649 1 inch equals 300 feet 5 R071639 4.18 562 6 R324375 2.21 297 7 R071638 2.21 297 Total 23.03 3095 EXHIBIT � D 7 VICH 6 NOTE: If the area of any lot changes, vehicle trips will be calculated on a pro-rated basis, as determined by The City of Round Rock 5 -- Transporation Services Department. 4 a Y Uj 3 U j Y O U O co COO U) D 1 2 w D O o m � W M (n p W G GATTIS SCHOOL RD 0 COTTONWOOD CT d 1 2 Y� t f,X wP File:O\Workspaces_GIS\+randy_workspace\+Clyde\rAYbERLUND_B&W.mxd Printing Date:Friday,April 04,2008 7:20 AM • EXHIBIT ' ' llfl(ll�lflll AGR 2007104747 a acs EASEMENT AGREEMENT Date: 2007 Party Granting Easement ("Grantor"): Larry E. Reavis and Nancy L. Reavis, as to Lot 7 of the Servient Estate and Larry Wigginton, as to Lot 6 of the Servient Estate Grantor's Address: Party Receiving Easement("Grantee"): Nick E. Inman, Elenor Stark, Michael L. Pavlik and Anna L. Paviik Family Trust, DanWilburnF. Hackebiel and Annie H. HHackebiel, and Billy J. Killion and Rosa Le-�on �atvo?_�\ \1000 2\ Grantee's Address: Property Owned by Grantor ("Servient Estate"): TRACT ONE 6.69 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO LARRY J.WIGGINTON AND WIFE V.ANN WIGGINTON IN THAT DEED DATED JULY 23,1981,RECORDED IN VOLUME 845,PAGE 264,OFFICIAL RECORDS,WILLIAMSON COUNTY,TEXAS,ALSO REFERRED TO AS LOT 6,EAST ROCK COVE. SAVE AND EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2001088103, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS. TRACT TWO 4.45 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING Tim SAME PROPERTY AS CONVEYED TO NANCY L. REAVIS AND LARRY E. REAVIS IN THAT DEED DATED OCTOBER 7, 1996, RECORDED IN DOCUMENT NO. 9854037, OFFICIAL RECORDS,WILLIAMSON COUNTY,TEXAS,ALSO REFERRED TO AS LOT 7,EAST ROCK COVE. SAVE AND EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2002000800, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS. Property Owned by Grantee ("Dominant Estate"): TRACT ONE 4.42 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO THE MICHAEL L.AND ANNA LPAVLIK FAMILY TRUST, MICHAEL L. PAVLIK, TRUSTEE, ANNA L. PAVLiK, TRUSTEE IN THAT DEED DATED 1 E EXHIBIT "Dn MARCIi 28, 2001., PUBLIC RECORDED IN DOCUMENT NO. 2001.021234, O. a.CIAL RECORDS,W7LL IAMSON COUNTY,TEXAS,AT.S O R P:. ,RR. F D TO AS LOT 9,E.A.ST ROCK. COVE. T•RAcT'TVJO 4.18 ACRES OF LAND, MORE OR LESS, UTI'T' O'F 'I l=tr P.A.. HOL.RERSURVEY, ABSTRACT NO. Z97,- IN VMLIAMSON COUNTY, TEXAS ANT) BEING THE SAME PROPERTY AS CONVEYED TO DAN VI TRUONG IN THAT DEED DATED APRIL Is,19,A), RECORDED IN VOLUME 1895, PAGE 335, DEED RECORDS , WRAJAMSON COi_TN'T'Y, TEXAS,ALSO REFERRED TO AS L.OT 9,EAST ROCK COVE. TRACT THREE' 4.83 ACRES OF LAND, .MORE OR. LESS, OUT OF THF.. P.A.. HOLDER. SUI.t:VI?Y', .ABSTRACT NO. 297, IN WMLIAMSON COU-N-1-Y, '11,?XAS' ANI:) .BEING ]HJ*- SAM :P:KOPERTYAS CONI V1;YEDTO WILBU.RN F.HA(:14hBRIl-,[NT,H'AI':DF.F l.)A 30, 1987, RECORDED 1N VOLUME 1549, PAGE 714, DEED RECORDS , W.ILLIAM;SON COUNTY,TEXAS,ALSO REFERRED TO AS:1:.0'1' 10,f:AST ROCK COVE_.. 'TRACT FOUR 4.97 ACRES OF LAND, MORE OR 11-SS, (AJT OF THE P.A. HOLDER ST.IRVFiY, ABSTRACT NO. 297, IN Wll I_.TAMSON COT IM7, TEXAS AND BRING 7W..:, SAM' E PROPERTY AS CONVEYED TO RTI,LY J. KILL.ION AND W.LFF's, R.OSA IFF.. KI11110N 1N T71A.T DEED DATE.)DECEMBER 1, 1983,RECORDED IN VOLUMI 955,PAGE 544,1)f;III) RECORDS , WITJJA.MSO:N COUNTY, TEXAS, AISO RFFFRRRD'TO AST()T 11., .rA,ST ROCK.COVE. TRACT,FIVE 2.44 ACRES OF LAND, MORE OR LESS OUT OF TI-Il-'- P-A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY,TEXAS AND BEING THE SAM1 PROPERTY AS CONVEYED TO NICK E. INMAN IN THAT DEED DATED FEBRUARY 20, 1997 RF_',CORDIt,D DOCUMENT NO.9707751 OFFICIAL.RECORDS, WILLIAMSON COUNTY TEXAS ALSO REFERRED TO AS LOT I EAST ROCK COVE FACET T THAT PORTION AS CONVEYED TO THE PUBLIC IN VOLUME 1422, PAGE, 446 2.55 ACRES OF LAND, MORE OR LESS, 0L.Q' 0k '114F P.A. HOLDER SURV ICY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING TITS SAMT PROPERTY AS CONVEYED TO FLOYD E. STARK.AND WIFE,ELENORA E. STA.R.K 1N TIIAT DEED DATED JUNE 7, 1978, RECORDF.1 TN' VOLUME 71 s, PAGE 304, LrLsrn RECORDS,WILT DAMSON COUNTY,'=- AS,AUSO Itfni-lR:R'rm TO AS LOT 2,I7,A.S'1" COVE. Description Of Easement ("the Easement"): The Easement, over and across the Servient Estate, is more particularly described as follows: A tract of real property sixty feet in width with a centerline running from the point 30 feet to the north ofthe poink 2 EXHIBIT a D11 at which the lot line between Lot 6 and Lot 7 of the Servient Estate intersects East Rock Cove and running to the point 30 feet south of the intersection of the tot fine between Lot 6 and Lot 7 with S. A. W. Grimes Blvd. RECITAL OF FACTS 1. Grantors and Grantees all desire to facilitate the future construction of a dedicated public street which runs over and across the Easement. 2. They have reached agreement upon the terms and conditions for the construction of the street and its dedication to the public and desire to memorialize their agreement. AGREEMENT Creation Of Easement 1. Each Grantor, for a good and valuable consideration receipt of which is acknowledged, grants, sells and conveys the portion of the Easement which is located on their portion of the Servient Estate to Grantee. Grantor also grants a temporary construction easement which extends fifteen feet on either side of the Easement which shall be used only during actual construction of the Public Street along the Easement and shall terminate upon completion of such construction. Purpose of Easement 2. The Easement shall be used exclusively for the construction and dedication of a public street ("Public Street") with the Public Street intersecting East Rock Cove and S. A. W. Grimes Blvd. The Easement may be used by contractors, surveyors, engineers, and other professionals retained by Grantee and Grantor to assist in construction of the Public Street. Until construction of the Public Street is complete, the Easement may not be used by Grantee for access to or from East Rock Cove and S. A. W. Grimes Blvd. The purpose of the Easement is to facilitate construction of the Public Street and not to provide egress or ingress to any party, other than as specifically provided herein. Duration of Easement 3. The Easement is perpetual and shall be appurtenant to the Dominant Estate; however the Easement shall terminate upon dedication of the Public Street. No additional action or documentation shall be required to terminate the Easement other than dedication of the Public Street. Setback Along The Easement 4. All construction on the Servient Estate prior to dedication of the Public Street shall be set back from the Easement as though the Public Street were constructed and in compliance with all ordinances of the City of Round Rock, Texas. 3 ' EXHIBIT 11D11 Modification Of Easement 5: If the City of Round Rock does not require a sixty foot wide right-of-way for the Public Street,the parties to this Agreement agree to modify the Easement to reduce its width to the minimum required by the City of Round Rock for the Public Street. If the.City of Round Rock requires an adjustment to the location of the Easement, the parties agree that the Easement may be moved up to five feet to the north or the south as required by the City of Round Rock. All parties to this Agreement agree to execute any documents required to modify the Easement. Exclusiveness of Easement 6. Except as provided below, the easement, rights, and privileges granted herein are nonexclusive and are in common with the right of Grantor to continue to use the Easement as long as such use does not unreasonably interfere with Grantee's use of the Easement. Maintenance of Easement 7. Grantor shall continue to mow and otherwise maintain the Easement prior to construction of the Public Street. Construction of Public Street B. When the City of Round Rock consents to the construction of the Public Street,the parties shall select a certified appraiser mutually acceptable to Grantor and Grantee to appraise the value of the property within the Easement. Grantor shall be paid an amount calculated by multiplying the appraised value of the land within the Easement by a fraction whose numerator is the total number of square feet contained in all of the land owned by the Grantee within the East Rock Cove Subdivision(the"Subdivision)in Round Rock,Williamson County,Texas,and whose denominator is the total number of square feet owned by both Grantor and Grantee in the Subdivision. Each Grantee, Successor, or Assigns shall be responsible for his pro rata portion of the amount payable to Grantor based upon the ratio of the land area of each Grantee to the total amount of land area owned by all Grantees. A. If a party is required to retain legal counsel and incur other expenses to enforce this agreement and is successful in any litigation initiated under this agreement, such party shall be entitled to collect reasonable attorneys fees and other expenses. 4 EXHIBIT D No Merger of Estates 9, if the Easement is created by Grantor prior to conveyance of the Dominant Estate to Grantee, the Easement shall not merge with the estate owned by Grantor in the Dominant Estate. Entire Agreement 10. This instrument contains the entire agreement between the parties relating to the Easement and the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. Binding Effect 11. This Agreement shall bind and inure to the benefit of the respective parties, their heirs, personal representatives, successors, and assigns. rlOkt Executed on August LC l L 2007. Grantor: i Larry E. Ilea Y jarg, cy !. a is V 7 r t'mf vo� WcaeL. vi Anna Pavlik Family Trust By: nna av i tom, rustee Grantee: Mck E. Inman 5 1E 1EXHIBIT ; "D" a i enor Stark Larry fg ton CQ U . anong' C i um ac a iei cv oe�\ rinse ac Biel � Y.A_ �\ . I y i n Rosa Lee—Killion STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this` *day of , 2007, by Larry E. Reavis and Nancy L. Reavis. +� No Pu sic, tate of Texas � �_ i MY COMMISSION EXPIRES 6 EIBIT -STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of � 2007, by Larry Wigginton. JO COCKBURN MY COMMISSION EXPIRES r�bu q 22,2010 1\16tt Publl tate of Texas STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before rile this day of � 2007, by Nick E. Inman. ' T. JO COMIURN � ! MYCOMMISSION EXPIRES b c, State o exas �. aly2z,2o10 y STATE OF TEXAS COUNTY OF WILLIAMSON This instruTent was acknowledged before me this 3y day of 2007, by Ereno�Stark. ' CARLA REED '°°' •'��= Notary Public.State of Texas Y . t My Commission es i Notary Pubic, ate of Texas February 09,2008 3�?. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this ,�, day of 2007, by Michael L. Pavlik and Anna L. Pavlik as Trustee of the Anna L. �iFarnily Trust. N a Pu ic, to e o exas r JD COCKBUFIN £ MY COMMISSION EXPIRES = ftn"22.2010 . . , . . - • , . . EXHIBIT :.� - D STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of 2007, by Dan Trong'\CWl) JOCOCKBURN MY COMMISSION EXPIRES ] '���� FabmelyzZ2aio t Pu Ic, t o exas STAT OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this& day of 2007, by Wiiburt\F. Hackebiel and Annie H. Hackebieff 'd4e1la \ \�ack �\ N..Nr y JO COCKBURN i MY COMMISSION EXPIRES of b rc, e o Texas Febn�ary22 2010 STA OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of 2007, by Billy J. Killion and Rosa Lee Killion. !� JO COCI®U I MY COMMISSION EXPIRES o ry u Ic, State ofi exas �,2ato FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007104747 12/19/2007 04:12 PM SURRATT $45.75 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS j U -] Yi vrJ R�/S ST EXHIBIT "D11 a a 9 0 100 200 Nmmmi Fee 7 9 6 10 5 11 1 2 3 4 DATE: May 2, 2008 SUBJECT: City Council Meeting—May 8, 2008 ITEM: 9132. Consider an ordinance zoning 23.09 acres of land known as East Rock Cove to Planned Unit Development (PUD) No. 80 zoning district. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The site is a portion of an unrecorded subdivision which contains lots ranging from 2-4 acres in size. The PUD contains six of the original eleven lots in the unrecorded subdivision. A previous request for C1-a (General Commercial —Limited) and OF (Office) zoning for the East Rock Cove properties was withdrawn by the applicants prior to the September 20, 2006 Planning and Zoning Commission meeting. At that time, a PUD (Planned Unit Development) was recommended by City staff. Because proposals by the property owners' transportation consultant did not adequately address the potential for significant traffic congestion on Gattis School Road and A.W. Grimes Boulevard, the City's Transportation Services Department prepared an analysis to determine the maximum number of traffic trips the site could be allowed to generate. The PUD proposes commercial, office and senior housing land uses,to be limited by the total amount of traffic generated for the site. A widening and extension of East Rock Cove, the public street which provides access to the site, will be required to provide an intersection with A.W. Grimes Boulevard unless the lots within the PUD are consolidated so that access is provided directly to Gattis School Road or A.W. Grimes Boulevard. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The site was annexed in July of 2006. The Planning and Zoning Commission recommended approval of the proposed zoning at their April 9, 2008 meeting. Public Comment: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on April 9, 2008. No comments were received at the hearing. East Rock Cove Original Zoning Request; PUD +F PUD Unzoned SF2 Cn Unzoned ,► C,. r �j 0 rf CD `Y/\ W r�I Subject Tracts i E �t 1 23.09 ac ` -- _- Cia f Unzoned -1 1 Gattis SCH001 Rd 1 r PU IL i East Rock Cove Original Zoning - Location Map i ti s 1 Subject LTr ac t s � �� 3.09 ac � �4 f �J�Y` .f! / tij�j — � L'_ J-�'!'r t 4�• �l` L�f. �-�r` y _ _ Gattis School Rd t _ ` 1 RECORDED DOCUMENT FOLLOWS Illlllillllllllllllllllllllllllllllllllillllllllllillllillll ORD 2008036906 65 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. Z-08-05-08-9132 which zones 23.09 acres of land known as East Rock Cove to PUD No. 80, which was approved and adopted by the Round Rock City Council at a regular meeting held on 8th day of May 2008 and recorded in the City Council Minute Book 56. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 12th day of May 2008. SARA L. WHITE, City Secretary ea ew.aPPa ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 23.09 ACRES OF LAND, KNOWN AS EAST ROCK COVE, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 80. WHEREAS, the City of Round Rock, Texas has recently annexed 23 . 09 acres of land, known as East Rock Cove, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property" ) , attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 9th day of April, 2008, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 80, and WHEREAS, on the 8th day of May, 2008, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and 0:\WDOX\ORDINANC\080508B2.DOC/rmc Original Zoning Ordinance 6/06 WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A. , Texas Local Government Code, and Section 11 . 300 and Section 11 .400 , Code of Ordinances (1995 Edition) , City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 80 meets the following goals and objectives : (1) The development in PUD No. 80 is equal to or superior to development that would occur under the standard ordinance requirements . (2) P.U.D. No. 80 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 80 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 80 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities . (5) P.U.D. No. 80 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district . 2 II. That the Official Zoning Map adopted in Section 11 . 401 (2) (a) , Code of Ordinances (1995 Edition) , City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" , attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 80, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 80 attached hereto as Exhibit "B" , which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof . C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 Alternative 1 . By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of 94mor , 2008 . Alternative 2 . READ and APPROVED on f irst reading this the day of 2008 . READ, APPROVED and ADOPTED on second reading this the day of 2 8 . NY WE , Mayor of and Rock, Texas ATTEST: SARA L. WHITE, City Secretary 4 EXHIBIT d „A„ 3 Exhibit A 23.09 acres, more or less, out of the PA Holder Survey, Abstract #297, also known as Round Rock East,Section I, Lots 1 -2 and 7-11, an unrecorded subdivision, save and except 0.058 acres and 0.063 acres deeded as right of way from Lots 1 and 2;further described as: • 2.44 acres,less 0.058 acres deeded as right of way; also known as Lot 1 • 2.55 acres,less 0.063 acres deeded as right of way; also known as Lot 2 • 4.42 acres; also known as Lot 8 • 4.18 acres; also known as Lot 9 • 4.83 acres; also known as Lot 10 • 4.67 acres;also known as Lot 11; And more particularly described on the attached field notes. DEVELOPMENT PLAN EAST ROCK COVE PLANNED UNIT DEVELOPMENT NO. 80 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Nick Inman, Elenora Stark, Billy and Rosa Killion, Wilburn Hackbeil, Dan Truong and Michael and Anna Pavlik, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 23.09 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section I1 of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on April 9, 2008, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 23.09 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.1.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the General Commercial - Limited (C-1a) and Senior (SR) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. DEVELOPMENT LIMITED BY TRAFFIC GENERATION 5.1. Transportation and traffic generation are the primary factors that restrict the development on the Property. The document contained in Exhibit "B",An Analysis of Traffic Impacts for the Proposed Development of the East Rock Cove Site prepared by the City of Round Rock Department of Transportation Services, dated November 14, 2007 (herein after referred to as the "Analysis") shall be the basis of restricting the intensity of development on the Property. Exhibit "C" contains the maximum 24-hour traffic generation assigned to the Property from Table 9 of the Analysis. 5.2. Prior to the submittal of a full site development permit application for any development which proposes access to East Rock Cove, one of the following two conditions shall be met: 5.2.1 East Rock Cove is widened from Gattis School Road to its existing terminus and extended to the east to provide an intersection with A.W. Grimes Boulevard. The roadway section will be designed and constructed as a local collector street with parking in accordance with the City of Round Rock Design and Construction Standards - Transportation Criteria Manual, however parking in the right-of-way shall be prohibited. The eastern extension of East Rock Cove will utilize an alignment described in Exhibit "D", an easement agreement between the Owners and Larry and Nancy Reavis and Larry Wigginton. The dedication of right-of-way and construction of the roadway will be approved through the subdivision process. 5.2.2 Ownership of the Property is consolidated in a manner which eliminates the requirement for any access to East Rock Cove, instead providing direct access to and frontage on Gattis School Road and/or A.W. Grimes Boulevard. Such consolidation of the Property shall eliminate the requirement for the widening and extension of East Rock Cove described above and the existing right-of-way for East Rock Cove may be abandoned. 6. PERMITTED USES The following uses are permitted, subject to the maximum traffic demand levels determined by the Analysis described in Section 9.0 below, and the conditions listed for each use. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. 6.1. Day Care • One (1) story height limit 4 6.2. Funeral Home • One (1) story height limit 6.3. Office • Two (2) story height limit 6.4. Office, Medical • Two (2) story height limit 6.5. Retail Sales and Services • One (1) story height limit • The following Retail Sales and Services are prohibited: 0 24-hour service or operations, Convenience stores with fuel facilities, Indoor Entertainment Activities (including bowling alleys, game arcades, pool halls, dance halls and movie or other theaters), Outdoor storage, Overnight accommodations, Pawn shops, Portable building sales except as incidental to other retail sales, Re-sale stores, Sexually-oriented businesses, Tattoo parlors, Auto Service Facilities (including gas stations, quick-lube service, fire sales and installation, and wheel and brake shops), Car wash, Commercial parking 6.6. Eating Establishments • One (1) story height limit • No drive-through service allowed 6.7. Senior (apartments,townhouses or group/independent/assisted living) • Three (3) story height limit 6.8. Townhouse 6.9. Place of Worship 6.10. Community Service 6.11. Government Facility 5 6.12. Utilities (Minor and Intermediate) 6.13. Park (Community, Linear/Linkage or Neighborhood) 6.14. Attached Wireless Transmission Facilities 6.15. Stealth Wireless Transmission Facilities 7. PROHIBITED USES 7.1. The following uses are prohibited. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. • Campgrounds, Donation centers, Flea markets, Heavy equipment sales or rental, Industrial building sales, Manufactured home sales, Major recreational equipment sales or rental (including boats,boat trailers,travel trailers, pickup truck campers, camping trailers, tent trailers, converted trucks and buses, recreational vehicles, and other related equipment intended for recreational purposes), Mini warehouses (including self-storage), Outdoor entertainment (including sports arenas, racing facilities, amusement parks, golf driving ranges and miniature golf courses), Outdoor kennels, Passenger terminals, Recreational vehicle parks, Recycling centers, Shooting ranges, Truck service or repair, Truck stops, Trucking terminals, Vehicle sales rental or leasing facilities, Wholesale nurseries, Wireless Transmission Facility -Self-Standing, Wrecking Yards 8. DEVELOPMENT STANDARDS 8.1. Setbacks along Eastern Property Boundary: • For the purpose of determining setbacks and buffer requirements from the eastern boundary of the Property, the City of Round Rock's Clay Madsen Center shall be considered a C-la (Local Commercial) use. 8.2. Signs • All free standing business use signs on any lot of three (3) acres or less in size shall be Monument Signs, with a maximum sign area of 50 square feet and a maximum height of five (5) feet, with no minimum setback. 9. TRANSPORTATION As a part of the development of any portion of the Property, the traffic impacts of the proposed development project shall be addressed according to Exhibit "B", the Analysis and Section 5.2 above. 6 10. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 11. DEVELOPMENT PROCESS As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting. The subdivision platting process includes a Concept Plan, a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and Cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. 7 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" An Analysis of Traffic Impacts for the Proposed Development of the East Rock Cove Site Exhibit "C" Maximum 24-hour traffic generation by parcel Exhibit "D" Easement Agreement 8 EXHIBIT Exhibit A 23.09 acres, more or less, out of the PA Holder Survey, Abstract #297, also known as Round Rock East, Section I, Lots 1 -2 and 7-11, an unrecorded subdivision, save and except 0.058 acres and 0.063 acres deeded as right of way from Lots 1 and 2; further described as: • 2.44 acres, less 0.058 acres deeded as right of way; also known as Lot 1 • 2.55 acres, less 0.063 acres deeded as right of way; also known as Lot 2 • 4.42 acres; also known as Lot 8 • 4.18 acres; also known as Lot 9 • 4.83 acres; also known as Lot 10 • 4.67 acres; also known as Lot 11; And more particularly described on the attached field notes. EXHIBIT "A" SURVEY JIG. 97147 EXHIBIT „A„ FIELD NOTES OF 2.44 ACRES OF LAND g OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, A.K.A. LOT 1, ROUND ROCK EAST;. WILLIAMSON COUNTY, TEXAS ; BEING ALL OF THAT 2. 44 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, ALSO KNOWN AS LOT 1, ROUND ROCK EAST, AN PORTION OOF THE 125 ROF SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, BEING A . 58 ACRES POOF LAND CONVEYED IN A DEED TO GLEN NEANS RECORDED IN VOLUME 590, PAGE 680 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND CONVEYED IN A DEED FROM GLEN NEANS TO BYRON N. & NANCY J. EATON RECORDED IN VOLUME 627, PAGE 889 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAVE & EXCEPT THE 0. 058 ACRES OF LAND DEDICATED TO THE PUBLIC USE FOR RIGHT OF WAY RECORDED IN VOLUME 1422, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,BySNS HAVING BEEN SURVEYED ON THE GROUND FOLLLOWOW S:ENGINEERING, AND BEING MORE PARTICULARLY DESCRIBED AS FO BEGINNING at an iron rod found in the northerly Right of Way line of Gattis School Road at the northwest corner of said 0. 058 Acres, same being the southeast corner of the City Park, for the Southwest corner of the tract herein described; THENCE, leaving the northerly Right of Way line of said Gattis School Road and following a fence along the westerly line of said 115 . 58 Acres, Lot 1 and the tract herein described, same being the easterly line of the City Park, N 04052100" N, for a distance of 392 .27 feet to an iron rod found, for the Northwest corner of Lot 1 and the tract herein described, Same being the southwest corner of Lot 11 of said Round Rock East; THENCE, following a fence along the northerly line of Lot 1 and the tract herein described, same being the southerly line of said Lot 11, S 89°03104" E, for a distance of 292 . 56 feet to an iron rod get for the Northeast corner of Lot 1 and the tract herein described, same being the northwest corner of Lot 2 of said Round Rock East; THENCE, along the easterly line of Lot 1 and the tract herein described, same being the westerly line of said Lot 2, S 00053124 " W, for a distance of 389 .70 feet to an iron rod set in the northerly Right of way line of said Gattis School Road, for the Southeast corner of the tract herein described, saiie being the northeast corner of said 0 . 058 Acres; TNtNCE, along the northerly Right of Way line of said Gattis School Road and northerly line of said 0 .058 Acres, same being the southerly line of the tract herein described N 89010140" W, for a distance of 253 .21 feet to the POINT OF BEGINNING and containing 2 .44 Acres of Land, More or Less . BEGINNING at an iron rod found in the northerly Right of Way line of Gattis School Road at the northwest corner of said 0 . 058 Acres, same being the southeast corner of the City Park, for the Southwest corner of the tract herein described; THENCE, leaving the northerly Right of Way line of said Gattis School Road and following a fence along the westerly line of said 115 . 58 Acres, Lot 1 and the tract herein described, same being the easterly line of the City Park, N 04052100" W, for a distance of 392 . 27 feet to an iron rod found, for the Northwest corner of Lot 1 and the tract herein ,described, same being the southwest corner of Lot 11 of said Round Rock East; THENCE, following a fence along the northerly line of Lot 1 and the tract herein described, same being the southerly line of said Lot 11, S 89003104 " E, for a distance of 292 . 56 feet to an iron rod set for the Northeast corner of Lot 1 and the tract herein described, same being the northwest corner of Lot 2 of said Round Rock East; THENCE, along the easterly line of Lot 1 and the tract herein described, same being the westerly line of said Lot 2, S 00053124 " W, for a distance of 389 . 70 feet to an iron rod set in the northerly Right of way line of said Gattis School Road, for the Southeast corner of the tract herein described, same being the northeast corner of said 0 . 058 Acres; TfitNCE, along the northerly Right of Way line of said Gattis School Road and northerly line of said 0 . 058 Acres, same being the southerly line of the tract herein described, N 89020140" W, for a distance of 253 . 21 feet to the POINT OF BEGINNING and containing 2 .44 Acres of Land, More or Less . o 0r SNS ENGINEERING, INC. A, riVIR-r o• ( 1�STERLING Ir 14133"'" s e aster ng '� ;%tet=���rJq,1O ' Registered Professional Land Surveyor No. 1413 SUR. ° EXHIBIT C, D s `�'•- 1422448 _ • E-a HIBIT Ya, P,�E SKETCH. TO ACCOMPANY FIELD NOTES A" • FOR 0 .058 ACRES s E ,Poawo oroe a .,rift rreY10 i 1 eat trtrvv, ;taro ldv lteroe-o) 1 La r /• 1. 9./t•, l0r r • P.kr.Idi j Dr.ro.v .d. lAro,v fsiro ✓l.Lrrr 1 role. oss, AA* JVV i rig. wi, AVIt !: RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory F Lea fl/D ` recordation. r • APOW //.t//061d/O >E r� STJ<iF o OF TWS a 1 hemby Ce*Met this hutrue�ieei i on Om dad end at the lime sfsmptd hen�r• < .e �� by AM end wet duly RECOROED in Oro Yolunr end Pep Of the named RECDRa of wommton e'er . County, Taw,es damped hum by g%M d I; q SEP.1 S 1966 xo �} CIP . WlUuteSOk CtkINiT;TE1fAt �t' txNioAr a- . svEE r i it i �= Haynie & Kallman Inc. eoe SMTM not eases fool sear sage .�; RMN�ROCi{7ra7MJ_ um ti+ Austin Data Inc. TT ADI10498 WM 8638364 . 003 �;Rp'IW�C.rrr-.._}ii� ... ... " :..._..... .,.-.1'�>__.-.^�.. y-r•...,pt:ii,.i...:._,•.:r.4•+.n...:':v_ ,^, i}`��`yj,',n,-ji•: EXHIBIT von M nu 304 WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS'' '` X COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That CONANN CONSTRUCTORS, INC, of the County of Travis and State of Texas for and in consideration of the sum of TEN AND NO/100 ($1D.00) 1- DOLLARS and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, i and the further consideration of the execution and delivery by grantees of their one certain promissory note of even date herewith in the principal sum of $14,000.00, payable to the order of Peoples Savings and Loan Association, at 'its office in Llano, Llano County, Texas, !1 i as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and ;i for attorneys fees, the payment of which note is secured.by the vendor's ; lien herein retained, and 1s additionally secured by a deed of trust of even date herewith to D. L. SANSOM, Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto Floyd E. Stark and wife, E.lenora E. Stark of the County of Williamson , and State of Texas, all of the following described real property r in Williamson County, Texas, to-wit: r• 2.55 acres of land out of the P, A. Holder Survey in Williamson County, Texas, and being a portion of that certain '115.58 acre tract of land as conveyed to Glenn Neans by Deed recorded in Volume 590, Page 680, Deed Records of Williamson County, Texas; said 2.55 acres of land being more particularly described by metes and bounds in field notes prepared by q Ralph W. Harris, REgiatered Public Surveyor, dated 8/29/75, attachedr hereto and made a part hereof for all pertinent purposes. This conveyance is expressly made subject to all conditions, r. covenants, reservations, restrictions and easements of record or : open and obvious upon the ground. i1 TO HAVE AND TO HOLD the above described premises, together with i1 all and singular the rights and appurtenances thereto in anywise +i ' belonging unto the said grantees, their heirs and assigns forever; and it does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES unto the said t i grantees, their heirs-and assigns, against every person whomsoever lawfully claiming or to claim the same or' any part thereof. I - ' 15r'•i�-`.4>ii:...'n :a" h Austin Data Inc. TT ADI10498 WM 197800793 .001 EXHIBIT �,i V 715 rAcE 305 But it is expressly. agreed that the VENDOR'S LIEN, as well as ��A�� the Superior Title in and to the above described premises, is retained /�` against the above described property, premises and improvements until " the above described note and all interest thereon are fully paid t according to the face, tenor, effect and reading thereof, when this 1' F Deed shall become absolute. Peoples Savings and Loan Association, at the instance and request of the grantees herein, having advanced and paid in cash to the grantor i 4- herein that portion of the purchase price of the herein described Ly property as is evidenced by the hereinbefore described $14,000.00 note, the vendor's lien, together with the superior title to said i property, is retained herein for the benefit of said Peoples Savings and Loan Association and the same are hereby transferred and assigned to said Peoples Savings and Loan Association, and said Association and its successors or'assigns, shall have the right to release said vendor's lien upon the payment of said note. EXECUTED this 7th day of June, A. D. 1978. CONANN CONSTRUCTORS, INC. <Zp SCAB • By: THE STATE OF TEXAS X f COUNTY OF X BEFORE ME, the undersigned authoritory, on this day personally appeared of CONANN CONSTRUCTORS, INC. , a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and ack- nowledged 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 corporation. rL GIVEN under my hand and seal of office, this the day r of June, A.D. 1978. Notary Ilublile in and tor--r,-O- County, Texas My Comaission Expires: -TA179 Name Printed: DOROTHY S.WATSON ►JOTwr:v au0!JC IM A?!r.POP __ -- ----TilaYIi COUwIY,T—aS-� / -- - fb Cxm6rI00 Espirr �•�L 7 _ .. 1 THE STATE OF TEXAS 1 County of Williamson J 1,Dick Cervank;Clerk of the County Com of sala county do hereby e.wy ! r that the foregoing.Instrument Ze'}rrWng. with!ta certlf)cate or authenucatlon, wu filed for eeeord In goy office 12th uri ` ' on tha........................day'of:......,}T........ .:= .�.:.,A D,is...'..7.Q ot...._.,.....8.i.S.A.....n•cloek._.Tl_1t, and dotty recorded this p, `' tbe......:.:i 2thsay of-. /!� f1. .._....:_.... D..IO....._7B d.............�.E.�.S.....o'elock._ ..Dl..to lhe....._....._. i•n. ..G ..........:-.....DC_ed..�..._:.\:./....:...:...._..._....,."...:.......... Records of rid county.In Vol....7.15.._....._... vp....3-0.9...........- „� fFt` �.I WITNP.8�4 MY!•IdANb�and yeel:of.%tho,County Court of mid County, at office In Georgetown, Tr:aa, <: ahir da tis last above:written.' �,.•.. S DICK CERVENKA, CLERK• ,ly..-Devuty County Court, Williamson County. Texas Austin Data Inc. TT ADI10498 WM 197800793 . 002 I YOI. PAL1449 EXHIBIT DEDICATION OF RIGHT-OF-NAY THE STATE OF TEXAS ) 383Z THE COUNTY Of WILLIAMSON KNOW ALL MEN BY THESE PRESENTSt ) - F. TWAT FLOYD STARK AND WIFE ELENORA, hereinafter referred to f as GRANTORS. whether one or more, for and In consideration of k the benefits to be derived by GRANTORS from the public right-of-way across the premises heretnafter described, have t _` . this day GRANTED and CONVEYED, and by these presents do hereby �. .. GRANT. CONVEY and dedicate to the public use the right-of-way more particularly described as follows, it Witt - r All of that certain tract. piece or parcel of land, lying and being situated In the County of Williamson, State of Texas. as described in EXHIBIT "A", attached t hereto and made a part hereof for all pertinent Purposes. to which reference Is here made for a more particular description of said tracts TO HAVE AND TO MOLD the same perpetually to the Public, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of •Ingress and egress to or from any lands adJecent to sold j premises, UTED IN WILLIAMSON COUNTY. TEXAS on this the day rl of , 1966, A.D. FI Floyd 5 rk, Grantor �J Elenore Stark. Grantor THE STATE OF TEXAS ) COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this day / Personally appeared FLOYD STARK. an indfvldual, known to me to be the person whose name is subscribed to the foregoing Instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed and In the capacity therein stated. - :i G V UNDER MY HAND AND SEAL OFICE. this the day t of 1986. A F .a � JL LAY Mot ry Pub l c In an or l 1�TSC bq FuDGc Pak SMe e1 Tan MycommiWanElpiresJuly/,1909 th State of Texas "n Commisslon Explrest THE STATE OF TEXAS ) COUNTY OF WILLIAMSON ) i BEFORE ME. the undersigned authority, on this day personally appeared ELENORA STARK, an Individual, known to me to be the person whose name Is subscribed to the foregoing Instrument. and she acknowledged to me that she executed the . same for the purposes and consideration therein expressed and In thc city therein stated. GI H UNDER Mf HAND AND SEAL OF OFFICE, this the day 1, of 1986. A.D. JANICE L LAY o ary Pub)l c I n nd for Nel'r public,SUk of las a State Of Tex s Mr fommisfi.n Eiprp Jd10.1999 MY Comm I s s p ion Explrest -•'',� 01FIC1AL RECOM* 9ss s N.,eo,.sowb=tnstA/ , Austin Data Inc- TT ADI10498 WM 8638365. 001 YY" EXHIBIT Ya 1422 PAr,(450 'AA MXr1IT •A: PAGE 1 OP 1 01/24/86 FIELD NOTES OF 0.063 ACRES FIELD NOTES describing a 0.063 sere tract or parcel of land, being • strip of r land ten (10) feet in width, and being a portion of that certain 2.55 acre Lot r ' 2. Round Rock East, Section One, an unrecorded subdivision, conveyed to Floyd t Y;. • Stark by dead recorded in Volume 618, Page 948 of the Deed Records of i iNilliaauon County. Teras, and being more particularly described bounds as follows; b7 nurse and HECINNINO at an iron pin found in the north right-of-vay line of Gattis School load, being the southeast corner of Lot 1, of said Section One, also being the aonthwast corner of said Lot 2, for the southwest corner and POINT OF BEGINNING 1 of the hereinafter described 0.063 acre tract; THEM departing said north rigbt-of-way line, along the division line between r i said Lot 1 and said Lot 2, for the vest lime hereof, N00.29'23"E. fO.OD feet to a point for the northwest corner hereof; TIDINGS along a line being tsu (10) feet north of and parallel to the north right-of-way line of said Cattis School Road, for the north line hereof, 889.30135"5, 277.92 feet to a point in the wast right-ol-way line of East Rock Cove. a fifty (50) foot wide right-of-way, for the northeast corner herooft TIMMS along said west right-of-way line of said East Rock Cow, for the east line hereof, along the are of a curve to the right having elements of delta. �'. 70°31144". radiusa 15.00 feet, arca 18.46 fast, tangent" 10.61 feet. cbord•and f: chord hearing- 17.32 feet. 555.13'33"W to a point in said north right-of-way S line of said Gattis School Road, for a Point of Tangency hereof; THENCE along said north right-of-way line of maid Gattis School Read, along a "ae being too (10) fest Routh of and parallel to the north line herein described, for the south line hereof. N89.30135"W. 263.78 fest to the POINT OF SEGINNING of the herein described tract, containing 0.063 acres (or 2741 square feet) of land. I. Steven D. Kallman, a REGISTERED PUBLIC SORVSyOR, do hereby certify that these field notes accurately represent the results of an on-tba--ground survey (' conducted under my direction on the 24th day of January. 1986. All corners located ars as described. HAINIE i KALLNAN. INC. tt' OF 4; A D. ¢ansae. *5�N 0.MLLMA(( Registered Public Surveyor No. 3337 G �U T Date is I • F. A. 77 A 1 Mibi] Austin Data Inc. TT ADI10498 WM 8638365. 002 YfH 1422PAGC451 EXHIBIT SKETCH T4 ACCOMPANY FIELD NOTES I A FOR 0,063 ACRES 41 1 r G I ur/ r is.tr: cert. s, rs svv . ' vi.0. s/s, vs.sib e b ?o 0 '.:.YAI•M'J'lY } 111 d v y �', .Knu• o v ——————__— sus ve•.ars•t- rs2 ter. z - AAWP II .f//I•.�'.lf'4/`Z`,i17/• �.11r•!PN• ��K.M 1 �+ m Iirii vvi.N� •.V.k• 1s.Y.11, • .. l e�G E.VD L,y, � � • • ■.crib.civ iaavc `� ra " =I! STATE OF TAWS MUM OF W0.LAI,6 � r � i on y ee,eh Wt thls InstruFILED on tfle date and at N c^�rraa 0y me;and Ma time son theo and P,a of s dwy RECORDED in the Yolume < '- Y the named RECORDS of WDGamson Cou,lfy, Texas named stamped hereon by me, on = G� oUNry C ERK WILLIAMSON Cg1Nry,TpU� Haynie & Kallman Inca GONOULTINO IN 1O1NEEleO 1100 terA Ype Ilo■N IIaKa�T►au row fS1iIt7O-1001 1y .. J Austin Data Inc_ TT ADII0498 WM 8638365. 003 2'0010L1.2--3 4 r o s ate' EXHIBIT WILLIAMSON COUNTY, TEXAS "A" D \ WARRANTY DEED GRANTORS: MICHAEL L. PAVLIK and ANNA L. PAVLIK, his wife 1000 East Rock Cove Round Rock, TX 78664 GRANTEE: THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST MICHAEL L. PAVLIK, Trustee ANNA L. PAVLIK, Trustee, or their successors in trust 1000 East Rock Cove Round Rock, TX 78664 CONVEYANCE: FOR VALUE RECEIVED, Grantors have conveyed, granted,transferred and assigned, and hereby grant, convey,transfer and assign to Grantee, all, and no less than all, of the following described real property: 4.42 acres recorded by Deed, Volume 2373, Page 760 in the Deed Records of Williamson County, Texas, being a tract of land out of the P.A. Holder Survey in Williamson County, Texas, and being a portion of that certain 115.58 acre tract of land conveyed to Glenn Neans by Deed Volume 590, Page 680 of the Deed Records of Williamson County, Texas, said tract being also known as Tract 8 of Round Rock East, an unrecorded subdivision, and being more particularly described by Metes and Bounds as follows: BEGINNING at 1/2" rebar found at the Northwest corner of the above described 115.58 acre Neans tract of land, said rebar being also the Northwest corner of the above described Tract 8, for the Northwest corner'and PLACE OF BEGINNING hereof; THENCE, with the North line of said Tract 8, being also the South line of that tract of land conveyed to Carl Anton Forsman in Volume 128, Page 456 of the Deed Records of Williamson County Texas, N 84° 20' 00" E 926.95 feet to a '/z" rebar set at the common Northerly corner of Tract 7 and Tract 8 of said Round Rock East (unrecorded subdivision) for the Northeast corner hereof, from which point a 1/2" rebar found bears N 84° 20' 00" E 0.82 feet; THENCE, with the common line between said Tract 7 and Tract 8, S 38' 25' 1 EXHIBIT a «A„ 00" W 550.44 feet to a h rebar set at the co- Tract 7 and Tract 8, said rebar beginning egmning in the R.O.W. of a as East Rock Cove for the Southeast corner hereof, from which` oiiit a r' rebar found bears N 57° 08' 59" E 0.78 feet; =v~ THENCE, with the R.O.W. line of said cul-de-sac along a curve to the left, having a radius of 50.00 feet, an arc distance of 55.85 feet and a chord whicho n m bears S 870 42' 00" W 52.99 feet to a 1/2" rebar set at the common Southerly o corner of Tract 8 and Tract 9 of said Round Rock East for the Southwest 'gN EP corner hereof; E m aT � 0 THENCE, departing said cul-de-sac R.O.W., with the common line between said Tract 8 and Tract 9, N 57° 03' 00" W 628.55 feet to the PLACE OF C BEGINNING containing 4.42 acres of land, more or less. y SUBJECT TO: (1) any overlapping of improvements or encroachments which a survey would reveal; (2) valid and enforceable land use regulations, restrictions, and conditions; (3)real property taxes,prorated to date; (4)any recorded right-of-way, easement, or other exception to title (including liens) which an examination of title to the property would reveal; (5) any loan or encumbrance secured by a vendor's lien or deed of trust upon the property; (6)rights of parties in possession under lease or as an inspection of the property would reveal. FURTHER RESERVATION AND EXCEPTION: THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST is a revocable inter vivos trust created by and under the trust laws of the state of Texas and for the use and benefit of MICHAEL L. PAVLIK and ANNA L. PAVLIK . To the extent a transfer to the trust will create a loss or diminution of the exempt property status (i.e., exemption from the claims of creditors) of homestead property under the laws of the state of Texas or a loss of any property tax benefit accorded by the laws of the state of Texas to homestead property, Grantors retain and reserve such estate and title required under the laws of the state of Texas necessary to preserve and protect: The exempt property status given, or as may be enlarged, by the laws of the State of Texas. The property tax exemption(s) given, or as may be enlarged, by the laws of the State of Texas. FURTHER RESERVATION AND EXCEPTION: This transfer of real estate to THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST which is encumbered by a mortgage or deed of trust may prohibit any transfer thereof without the consent of the lender and may give the lender the option to call the unpaid portion of an installment note immediately due and payable if a transfer is made without the lender's consent. These restrictions are generally called "due on sale" or "due on transfer" prohibitions. Any transfer directive or contribution directive specified by this instrument is subject to any such prohibition or limitation. Grantors reserve and retain such estate and title to the property as will not violate the due on sale or due on transfers of any mortgage, deed of trust, or other instrument, if any and to the extent applicable to a transfer of this property to THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST. To the extent a transfer of this property is limited by 2 any applicable due on sale prohibition or due on transfer prohibition, ownership will fully vest in THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST only upon receipt of lender's consent to the transfer or upon final release of the mortgage or deed of trust lien by the lender or by the assignee thereof. OWNERSHIP OF THE PROPERTY PRIOR TO THE TRANSFER TO THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST: It is acknowledged and agreed that this property is owned, immediately prior to this transfer, as MICHAEL L. PAVLIK and ANNA L. PAVLIK property. This agreement supersedes any other agreement or arrangement to the contrary. This Trust agreement referred to in this deed is a Qualifying trust in that the agreement creating this Trust provides that the Trustor of the Trust has the right to use and occupy as the Trustor's principal residence residential property rent free and without charge except for taxes and other cost and expenses specified in the instrument until the date the Trust is revoked or terminated. CONSIDERATION: Ten and no/100 Dollars and other valuable consideration paid to Grantors by Grantee, the receipt and sufficiency of which is hereby acknowledged. HABENDUM AND WARRANTY: TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors, personal representatives, and assigns forever; and Grantors do hereby bind Grantors, Grantors' successors, personal representatives and assigns, to warrant and forever defend, all and singular, the said premises unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming'or to claim the same or any part thereof. The use of personal pronouns in this instrument shall be construed in context, with the masculine to include the feminine, when appropriate, and the singular to include the plural, when appropriate. EFFECTIVE DATE: This transfer and conveyance is effective as of the date of this instrument. If this instrument is not immediately recorded, MICHAEL L. PAVLIK and ANNA L. PAVLIK will hold title in trust and as nominee for and on behalf of THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST. DATED and EFFECTIVE this ge day of `- , 2001. EXHIBIT $ «A„ 3 . ' EXHIBIT ' �iCC��lf7•`l. D voL 1895,�::335 D «A„ Yi8$RANTY DEED j��(�� BERNARD P. PROSISE, ACTING BY AND THROUGH HIS ATTORNEY-IN- FACT, EMMA B. PROSISE, and wife, THERESA J. PROSISE, hereinafter called GRANTOR, for the consideration hereinafter stated, does GRANT. SELL and CONVEY unto DAN VI TRUONG, hereinafter called • GRANTEE, the following described real estate, together with all improvements thereon, situated in Williamson County, Texas, to-wit: Approximately 4.18 acres of land, more or less, out of the P. A. Holder Survey in Williamson County, Texas, being the same property described in the Deed from Finis Sweazea and wife, Ina Lou Sweazea to Bernard P. Prosise and wife, Theresa J. Prosise, dated April 28, 1978 and recorded in Volume 710, Page 479, Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the GRANTEE, GRANTEE'S heirs, executors and administrators, forever. And GRANTOR does hereby bind GRANTOR, GRANTOR'S heirs, executors and administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the said GRANTEE, GRANTEE'S heirs, executors and administrators, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to all restrictions, easements and mineral reservations, if any, which are of record applicable to the property hereby conveyed. The consideration for this conveyance, receipt of which is S hereby acknowledged, is as follows: (1) $10.00 and other valuable consideration paid to GRANTOR for which no lien either expressed or implied is retained. (2) $43,000.00 advanced and paid at the instance and request of GRANTEE by GRANTOR for which GRANTEE has executed a promissory interest bearing note to said GRANTOR, as well a■ a dead of trust to RICK AKINS, Trustee, to secure the payment thereof, all of even date herewith. retained 6 The vendor's lien and superior title are specifically said note and all interest thereoproperty are full described herein until Y paid. 9REAU48IREAL28 _ 1 _ Ultii:;i1L l!�Il IA;;iS�1V COUrITY,TEXgg i I Austin Data Inc. TT ADI10498 WM 9012894.001 - - --- EXHIBIT VOL 1[77 wt336 n Grantee's Nailinq Addressi 1002 seat Rock Cove Round Rock, Takao 79664 1 Executed this 25 day of April, 1990. ' I l r AAiin i BERNARD P. PROSISE, A ING BY AND j. THROUGH HIS ATTORNEY-IN-FACT, F EMMA B. PROSISE Bysrx4 /1 w�ii e EMMA B. PROSISE THERESAJ. PROSISE I . 1 THE STATE OF TOM # COMM OF WILLIAMSON # day of Ap il, BERNARD P. instrument 90 t n-pact fo ey-s eCknovledged before me on the ± y EMMA 8. PROSISE, as Attorney-in-Fact , PROSISE, i Nota as F Print re►+wea W Ouu•13gM l.hN� Commi0ir it:; xpitwastC 'Iy1 �L THE STATE Or TERAS # COUNTY OF WILLIAMSON • This instrument was acknovledged before se on the day of April, 1990, by THERESA J. PROSISE. . yJ�lo�*�r,G4 �Z;. Notary Public - state Of Texae 9 ti Printed Name Commisaion expires �:,� R'ti ranats•c,1 9REAL149:REAL2S, "` "'` _ 2 - Austin Data Inc. TT ADI10498 WM 9012894.002 EXHIBIT D «A„ .CI 1549PAr:715 EXHIBIT A METES AND BOUNDS DESCRIPTION LOT 10 . .I ALL OF THAT•CERTAIN PARCEL OR TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 115.58 ACRE TRACT OF LAND AS CONVEYED TO GLENN NEANS BY DEED RECORDED IN VOLUME 590, PAGE 680 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID TRACT BEING ALSO KNOWN AS LOT 10, OF AN UNRECORDED SUBDIVISION NAMED "ROUND ROCK E-AST SECTION ONE" AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an Iron pin found In the north r.o.w. + 1Ine of Gattis School Road at the -southwest corner of that certain 115.58 acre tract of land as described In Volume 590, page 680 of the Deed Records of Williamson County, Texas; THENCE N 040521 W 748.88 feet to An iron pin set for the southwest corner and PLACE OF BEGINNING hereof; THENCE continuing N 04°521 W 132.50 feet to a point for an angle i point hereof; THENCE N 070441 E 214.68 feet to an Iron pin set for the northwest corner hereof; { THENCE S 89.021 E 594.42 feet to an Iron pin found In the west r.o.w. line of East Rock Cove for the Northeast corner hereof] 1 THENCE with the west r.o.w. Iine of East Rock Cove, S 0"581 W 345.00 feet to an Iron pin found for the southeast corner hereof; THENCE N 890021 W 606.27 feet to the PLACE OF BEGINNING and containing 4.83 acres of land. AS SURVEYED BY: RALPH HARRIS SURVEYOR P.C. OF RALPH W. HARRIS REG. PUB. SUR. NO.1729 1406 NETHER RALPH'W.IIAARIS• AUSTIN, TEXAS 78704 ••:......... ............ 1]29 :Q APRIL 20, 1987 G9��6�arc1tO'y� ��C SLPR NS7:14261.MdB - i oL1549PkGE716 hEXHIBIT I 1 SURVEY PLAT "A'I I.THE UNDERSIGNED•HAVE.THIS DATE,MADE A CAREFUL AND ACCURATE SURVEY OT PROPERTY LOCATED AT NO. East Rock Cove IN Williamson County. Texar g BEING DESCRIBED AS POLLON3•Tot 10. R01.3n I 4-83 acres DL+t of the P A -11!; Lidic-r 19atue in wi111 mson County_ T Y as AAIRDIv131om W4114AmnOn I _COVNTY.TEXAS �.AOCORDINO TO THE PLAT THEREOF RECORDED IN PLAT BOolc PA�•F Of THE PLAT MAP RECORDS � CIDUNTT.TEXAS. i t REP vim, Wilhliln HArlrahail i • i 1 y %f"G.4St/ 0 I Nn gv ` /O 4W. ai rrrcdwy� 4.Q3./G 1 � oDm O � w v m z .rrB9040?w cow.?�• /s"�/3! o K 0 N N J �Y TNi(IMDdRSI'ONEDDOiESNER£IYCE1F77frTp ANDBUTERANDSELLEXAPOV£-w AGI:I/ED THATTHIS SL/R wft WAS THP DAY MADE ON THE GROUND OF TME P/1OPERTYDESCRI/W HERE(W AND IS CORREM..AND, THAT MEREARE AID AWREPAACIES,CONfLICT3.OVERLAPPING OF IMPROVEMENTS. MALE UTILITY£ASEMEWn OR ROAD.' WAY;EXCEPT AS SHOWN HFAE71,N AND THAT SAID)WOPEM/f43ACCESS FO AND FROM A DEDICATED RQADWA F,EXCEPT AS SHOWN MER£QN.THS PRcLoarYMAT 1E stwZtT TD ADrliONA EASEMENTS OR RES ICTIONS. RALPH HAsasMYR1ONCDIC.14%Hwlr A•gw•TXma 7_-'* -:i ( r��t DATE 4/17/87 FNVGIL1EtiDj5612__WORK Oft DERNo.-lA & SCALE 1". 100' RAlnh W iiarriw --r-�� EXHIBIT "A" VOL E54GE r EXHIBIT ffi All of that certain parcel or tract of land out of the P.A. Holder Survey in .0 cc A ss Williamson County, Texas and being a portion of that certain 115.58 acre tract C1 of land as conveyed to Glenn Neans by Deed Recorded in Vol. 590, Page 680, of the Deed Records, Williamson County, Texas. Said Tract being also known as Lot 11 of an unrecorded subdivision named Round Rock East Section One and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the North r.o.w. line of Gattis School Road at the Southwest corner of that certain 115.58 acre tract of land as described in Vol. 590, Page 680, of the Deed Records, Williamson County, Texas. THENCE N04052'W for a distance of 402.08 feet to an iron pin set for the Southwest corner and PLACE OF BEGINNING hereof THENCE N04052'W for a distance of 346.80 feet to an iron pin set for the Northwest corner hereof. THENCE S890OV E for a distance of 606.27 feet to an iron pin set in the West r.o.w. line of East Rock Cove. THENCE with the West r.o.w. line of East Rock Cove, S Oo58'W for a distance of 345.58 feet to an iron pin set for the southeast corner hereof THENCE N88058'30"W for distance of 571.02 feet to the PLACE OF-BEGINNING and containing 4.67 acres of land. U-) C3 o LLJ r n- � STATE OF TEXAS COUNTY OF WILLIAMSON cr:0 oD E � I hereby certify that this Instrument was FILE, U11 o : on The date and at the time stamped hereon .,._ by me; and was duly RECORDED, in The Volume C=1 and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on I D E C 7 1983 �COUNTY CLERK o� c WILLIAMSON COUNTY, TEXAS EXHIBIT � ��Du � D An Analysis.of Traffic Impacts for the Proposed Development of East Rock Cove Site 'Prepared:by City of Round Rock Department of Transportation Services November 14, 2007 sLYN4'm�YYk.u^Sf�•Y4 AM��t40 A�� MARTIN �W�iiat Yy Y� }.'.�t9g41 SAN Wl i EXHIBIT N _d .,B„ An Analysis of Traffic Impacts for the Proposed Development of East Rock Cove Site Background The East Rock Cove site under consideration is a 29.77 acre parcel consisting of nine (9) residential lots. The main access to this site is East Rock Cove, a dead-end two lane street, approximately 22-feet in width in a 50' wide right-of-way. Of the nine lots, five have frontage only on East Rock Cove, two have dual frontage on East Rock Cove and A.W. Grimes Blvd., one has dual frontage on East Rock Cove and Gattis School Road, and the final lot has frontage only on Gattis School Road. An aerial photo, showing the arraignment of the existing lots is shown in Attachment"A". The East Rock Cove site was submitted as a Planned Unified District (PUD)for a future mixed use commercial development consisting of retail, restaurant and office components. As requir , iii the City's Zoning Ordinance for any zoning change including a PUD, a Traffic InSpaof i Analysis (TIA), complying with the requirements the City's Transportation Cnter�al�a tial (TCI�I) teras needed. To address this requirement, the owners of thepro�� withrr t�e Est Rock Cove site hired the firm of John F. Hickman &Associates io perforin the" I �.. - The initial TIA submittal from John F. Hickman &Associates was received by the City on or about the last week of Mar6h'2007. After extensive review, this submittal was returned to John F. Hickmam on f April'20, 2007 as unacceptable. A copy of our review is contained in Attachment 'B' ,� While the 'initial submittal had_a-SAntsignificanumber ofAechnicaL.issues,_includingy-not complyifig with.-the requirements,of the.:TCM, ,Iihe rnalor�=issue yin x the,,TIA was,the proposal to develop 530,829 square feet��of buildi gs��on `the site:=Thb total`24-hour traffic volume for this size development is 22,083 vehicles per day. A breakdown of these figures is shown in Table 1. Table 1 Proposed Use Building Sq. Footage 24-Hr. Volume(vtpd) Retail 450,000 18,052 Office 55,828 852 Restaurant 25,000 3,179 Total 530,828 22,083 It was felt that this level of development was inappropriate for this particular location and would create significant congestion on both A.W. Grimes Blvd. and Gattis School Road. Additionally, there were concerns that there was insufficient acreage available to construct the 530,828 sq. ft. of development and provide required parking, rights-of-way, easements, setbacks and landscaping. 2 EXHIBIT >r D "B" To put the size of development into perspective, at 450,000 sq. ft., the proposed Retail development alone would be approximately 73% larger than IKEA. Further, 24-hour traffic volume for the Retail portion of the proposed development represents a 59% increase in traffic on A.W. Grimes and a 40% increase in traffic on Gattis School Road. After considerable discussions with the land owners and their representatives, it was decided that the consultant would revise the TIA to address some of the concerns previously provided to John F. Hickman & Associates as well a determining applicable traffic volumes to produce a Level of Service (LOS) not worse than a "D" for the intersections of A.W. Grimes Blvd. @ East Rock Cove, A.W. Grimes Blvd. @ Gattis School Road and East Rock Cove @ Gattis School Road. To make this evaluation, it was assumed that the intensity of the development would be decreased to reduce expected trip generation. It was also assumed that the projected traffic volumes on East Rock Cove would be in compliance with requirements of the TCM. During the first week of September 2007, the Supplemental Transportation Analysis was received from the consultant by the Department of Transportation. After review, it was determined that the TIA was still unacceptable. After several unsuccessful attempts to resolve this problem with`.John Hickman, this office was directed by the City Manager to complete the analysis and ►rlake a-,,.determination as to the number of trips that can be feasibly ,:. gen�rae. by this sitae +"vithoUt creating unreasonable levels of service. 3 EXHIBIT D „B„ Analysis In their original TIA submittal, John F. Hickman &Associates noted that the existing East Rock Cove would be expanded to provide connectivity to both A.W. Grimes Blvd. as well as Gattis School Road. It was also noted that East Rock Cove would be classified as a collector street, with 44-feet of pavement within a 65-foot right-of-way. The proposed alignment of East Rock Cove is shown in Attachment"C". In accordance with the criteria noted in Section 1 of the City's Transportation Criteria Manual, East Rock Cove, as proposed, would be classified as a Major Collector Street. By definition, a Major Collector Street "serves as principal access to commercial developments". As also provided in Section 1, Average Daily Traffic (ADT) for this type of street is between 2000 and 6000 vehicle trips per day (vtpd). This range is substantially less than the 22,083 vtpd shown in the original TIA submittal as well as the Supplemental Transportation Analysis submitted by the East Rock Cove Ownership Group's consultant. To allow the most advantageous development of this site, the upper ADT figure of 6000 vtpd was used for this determination. As a check of the applicability of the 6000,vtpd, and without knowing exact uses other than those shoWHAM be 1 IA, a model was developed to determine the building square footage that outd be�alloW d�fq�thb following blend of_uses without exceeding the 6000 vtpd: Shoppmg•r✓enter�general offlce�and high tu`rnover"sWdown restaurant. The results of this modeling are_.shown in_Taw,s, ' Table 2 Proposetl,Use." Tuildinq`Sq.Footage rt � ) 24 Hi.:Volume`(vlpd) a. rs x . Shopping Center F .118,444 - `8,086 . Office _-- 282 Restaurant 630 Total 177,881 5,998 Determination of "Building Square Footage" and "24-hour Volumes" were made using information contained in the Institute of Transportation Engineers' (ITE) publication "Trip Generation", 7th Edition. To complete this analysis, a LOS determination was required for the intersections of East Rock Cove at A.W. Grimes Blvd. and East Rock Cove at Gattis School Road. To make this determination, recent traffic counts on A.W. Grimes Blvd. and Gattis School Road would be required. In accordance to the Guidelines in the TCM for TIA's development, these counts should have been a part of the TIA submitted by John F. Hickman & Associates; however, this work was not done by this consultant. As a result, a real-time count was made on October 17, 2007 by this office. The results of this count are shown in Attachment"D". Further, it was assumed that the intersection of A.W. Grimes Blvd. at East Rock Cove would be configured as a right-in from A.W. Grimes Blvd. and a right-out from East Rock Cove. At the intersection of Gattis School Road at East Rock Cove would be configured as a right-out from East Rock Cove and right-in and left-in from Gattis School Road. 4 EXHIBIT a „B„ Finally, it was necessary to make a further breakdown of the 24-hour traffic volumes produced by the model into entering and exiting traffic volumes for the AM Peak Hour and PM Peak Hour. The resulting traffic volumes are shown in Table 3. Table 3 AM Peak PM Peak Proposed Use Enter Exit Enter Exit Shopping Center 74 48 213 231 Office 78 10 14 71 Restaurant 14 8 15 9 Total 166 66 242 311 Using the Transportation Research Board publication "Special Report 209 — Highway Capacity Manual' and ,the:;information generated above including the real-time traffic volume counts (prorated }to a build out year of 2008) on A.W. Grimes Blvd. and Gattis School Road, LOS fdr.the previously noted intersections was calculated. The results of these calcul�tionsare shown �n Table 4 n Table 4Y' Intersection AM Peak PM Peak A.W. Grimes Blvii @ N/A N/A East Rock Cove sD(Rt Tura) > C Rt Turn;) Gattis School Road D-(Lt Tarn) Y D-(Lt Tum) East,Rock Cove _G.�(Rt (> t ;fum) While the trips being generated from the East Rock Cove would remain stable (assumed build-out), the traffic volumes on both A.W. Grimes and Gattis School Road should steadily increase at a rate of approximately 3% annually. With these levels of increase, it is expected that the "D" levels of service will degrade to an unacceptable LOS E in a matter of a few years. To address this, an alternative ADT for East Rock Cove was required. A mid-point ADT of 4000 vtpd was chosen. Using this ADT, the 24-hour traffic volumes for the same Land Uses previously evaluated were calculated and are shown in Table 5. Table 5 Proposed Use Building Sq. Footage 24-Hr. Volume(Vpd) Shopping Center 78,963 3,392 Office 38,147 188 Restaurant 1,478 420 Total 118,588 4,000 5 EXHIBIT a '13" As in the earlier analysis, a breakdown of these 24-hour traffic volumes for entering and exiting the site during the AM Peak Hour and PM Peak Hour for the previously assumed Land Uses was calculated. The resulting traffic volumes are shown in Table 6. Table 6 AM Peak PM Peak Proposed Use Enter Exit Enter Exit Shopping Center 50 31 142 154 Office 52 7 10 47 Restaurant 11 9 15 13 Total 113 47 167 214 Based on the data shown in Table 6 and employing the same techniques used previously, LOS for theAnfersections of A.W. Grimes Blvd. at East Rock Cove and Gattis School Road at East Rock<'Cove were calculated. These LOS are shown in Table 7. Inters:bction AM Peak PM Peak A.W. Grimes Blvd @ N/A N/A East Rock Cotte D(Rt. Tum) C (Rt. Tum) Gattis School Road f ) C(Lt Tum) C 1 Tum) East Rock Cove 'C(R Tums D RCT' T" 4 1( j�. Using the 4000 vtpd scenario, two-thirds (2/3) of the intersectional movements were LOS C as opposed to only one-third (1/3) using the 6000 vtpd scenario. Factoring in the anticipated growth of traffic volumes on both A.W. Grimes Blvd. and Gattis School Road, the intersections of A.W. Grimes Blvd. @ East Rock Cove and Gattis School Road @ East Rock Cove should operate at an aggregate Level of Service no worse than a "D" through the foreseeable future. 6 EXHIBIT a api 3 D Recommendations Inasmuch as this office cannot accurately project the type of development which will be used at this location, it is not possible to assign a type of use for each of the lots, or any combination thereof. Therefore, it recommended that the 24-hour Traffic Generation be used to determine an acreage-based Traffic Generation for each lot. This analysis evaluated traffic impacts for a 24-hour Traffic generation for traffic volumes of both 6,000 vtpd and 4,000 vtpd. Using each of these volumes, a recommended total 24-hour Traffic Generation for each lot was developed. The results for the 6,000 vtpd scenario are shown in Table 8, while the 4,000 vtpd scenario is shown in Table 9. A limiting factor in using this methodology would be the ability to construct a specific sized development on a specific lot, while providing parking, set-backs and landscaping in accordance with City Ordinances. Finally, whatever development use is selected, it will be necessary to evaluate the LOS capacity at the intersections of East Rock Cove at A.W. Grimes and East Rock Cove at Gattis School Road to assure that individual movements do not fall below a LOS D. $ a�� c Table 8 �. � . ,, 24-hour Traffic "Lot No.' Acreage(Ac.) Generation(vtpd) 2.38 480 2` 2.55 514 3 4:67 941 t•R 3y 4Fk .` 5 g X221 i 7 2.21 445 8 3.03 611 9 3.71 748 Total 29.77 6000 Table 9 24-hour Traffic Lot No. Acreage(Ac.) Generation(vtpd) 1 2.38 320 2 2.55 343 3 4.67 627 4 4.83 649 5 4.18 562 6 2.21 297 7 2.21 297 8 3.03 407 9 3.71 498 Total 29.77 4000 7 EXHIBIT N ..B„ 9 Because of the much improved operation of the intersections of A.W. Grimes Blvd. @ East Rock Cove and Gattis School Road @ East Rock Cove using the a 24-hour total traffic volume of 4000 vtpd, it is recommended that the results shown in Table 9 be used for the proposed East Rock Cove development. To calculate the ultimate square footage of a development on any the lots, the average trip generation rate on a weekday (from the Institute of Transportation Engineers' (ITE) publication "Trip Generation", 7`h Edition) can be used. The factor would be divided into the 24-hour trip generation, with the result being multiplied by 1000 to determine the square footage. For example, the trip generation rate on a weekday for a High-Turnover (Sit-Down) Restaurant is 127.15. Dividing this by the 24-hour Traffic Generation for Lot No.1 above, the result is a building size of 2,517 square feet. However, as noted above, it will still be necessary to include as include parking, setbacks, easements and landscaping to ascertain if this type of,development could be sited on this lot. t 8 EXHIBIT D y^ Attachment "A" %E x ? _fk:. _ t 9 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. .,tib'•. `'x5 ; ag ry • x' q, • i tab !a W !a ryN�•i� s:,,Op ti hi int, €F 7 _ s p0, k "B# . # < s ws \ \ Attachment "8" t � ° K 2 - - - 2 !! EXHIBIT b ��B„ ROUND ROCK, TEXAS PURPOSE.PASSION. PROSPERITY. April 20, 2007 John F.Hickman/David Greear John F. Hickman & Associates 101 West Sixth, Suite 820 Austin, Texas 787701. Re: Traffic. Impact Analysis, East Rock Cove Master Plan Dear Mi•. Hickman and Greear: Based on our review of the Traffic Impact Analysis (TIA) submitted for the referenced development, the TIA submitted by your firm is not acceptable based on_ the information outlined in the attached comments. On resolution of the identified comments, this report can be submitted for reconsideration. If you have any questions or require additional information, please contact me of 218-5562. Sincerely, Mayor ^ sv`^m�y,.._<S . . Nyle Maxwell MayorPro-tent Thomas G. Martin, P.E. AlanNicGraw Director of Transportation Services CouncilMemhers CC wlenCl: .Jim Stendebach, Director of Planning Rufus Honeycutt JoeClifford CORR Development Review Committee CarlosT.Sahnas ScottRhode Ted Wllllamson CityManager James R.Nuse.RE. CityAttorney StephanL.Shee(s CITYOFROUNDROCKDePAjamENroFTRANsPoxrartoxSERVICES,ztaCommerceCove Round Rock,Texas78664 Phone:512.218.5562-Fax:Sti.zt8_3242•www.cLround-rock.tx.us ' EXHIBIT a ROUND.ROCK,TEXAS PUPPOZ PAS9M PROSPE Rn TIA Submittal Checklist (Site Plans) TIA Name: East Rock Cove master Plan TIA Date: March 2007 Scope of TIA Yes. Na N/A Comment Study area (as defined in consultation with staff). ❑ ® ❑ 0 Target year for project build-out ❑ ❑ 0 Trip.Generation Proposed land use by square-footage for each tract ❑ [] Generation rates based.on proposed square footacie Daily Peak hour(AM/PM/other) 10 0 ❑ ❑❑ Trip Distribution Percentages for directional distribution El 0 0 EJ Sources,of information El0 ❑ Traffic Assignment: ❑ ❑ Roadway network in study area:(exis#ing and proposed) Driveways Traffic Forecast. Existing 2.4-hour 1:1 E ❑ M AM/PM peak traffic El 0 Copies of field data ❑ 0 El Assumptions,on annuaitgrowth rate or other source of future 0 ❑ ❑: 0 background traffic at time of build-out Projected site for 24-hour.O ® ❑ Background for 24-hour Total traffic for 24-hour Projected site for AM/PM`peak Background for AMIPM peals � ®EEl 0 Total traffic for AM/PM peak Capacity.Analysisfor:street Intersections and Driveways Intersectionlroadway geometry(existing and proposed) O 9 11 Adverse`impacts which cannot be avoided El M Transit issues (if applicable) ❑ El 9 Traffic Impact Assessment Impacts expressed in quantitative terms ❑ Adverse impacts which cahnot be avoided ❑❑ ❑] Transit Issues(if applicable) El Recommendations Roadway improvements ❑❑ ❑❑ Traffic operation modifications Limitation of land useIntensity ❑ 0 ❑ Certification Statement ❑ ❑ 0 Page 1 of 5 EXHIBIT N d ROU[YDCK,ROTEXAS rapom nmax PROSPOM Comments: Study area (as defined in consultation with staff) Study area is not clearly identified in report. The study area should have been defined in consultation with staff. In addition, the study area (exclusive of staff identified elements) should be more comprehensive to include additional intersections and/or driveways adjacent to the site as well as others to demonstrate impacts upstream and downstream A.W. Grimes and Gattis School Road. Target year for proiect build-out • Is 2008 a realistic development horizon for this development? • What happens in 20'18, will there be additional development not shown? • Why is the development year of 201:8 included in' this TIA without additional significant correlation? Proposed"land.use by square footage_for each tract Summarize or separate trip generation by tract or pad. Sources of information Please include documentation deriving percentages for directional.distribution Roadway network In study area (existing and proposed) • Figure 1 (Site Exhibit) does not identify the study area and intersections as defined in the scope and additional intersections or driveways relative to the site and the study. • Figure 1 (Site Exhibit) does not accurately represent the.proposed roadway network within the study area for the target year. This figure does not show the divided_ medians on A.W. Grimes orGattis'School Road • Figure 1 (Site Plan) should be produced to a usable scale(i.e., 1"=200'). • Figure 1 (Site Plan)'does not indicate whether driveways/intersections shown are existing or proposed. • Figure 1 (Site Plan) does not indicate the any of the proposed driveways on East Rock Cove. • f=igure 1 (Site Plan) should identify proposed development tracts associated with proposed driveways. • Figure 1 (Site Plan) should identify circulation routes within the site and ali'driveways bordering to the site should be shown, included and accounted for in the analysis. • Figure 1 (Site Plan) does not reflect the names of surrounding/associated development referenced in the report. • Figure 2 (Gattis School Rd./AW Grimes Blvd. 2006 Intersection Configuration) does not reflect the geometry of the horizon year to show Gattis School Road with the current proposed improvements. As is, this figure is incorrect relative to the right turn movement from westbound Gattis School Road to northbound A.W. Grimes. This movement currently exists as a shared through-right. The preceding comments also apply to Figures: 4b, 5b 6b, 7b. Page 2 of 5 EXHIBIT it B// D ' BOCK,TFDtAS VIM Roadway network in study area(existing and proposed)- continued • Roadway Design Concepts section of the appendix does not include a typical section referenced in the text(44' of pavement in 65' right-of-way). • Recommendations suggest a four-lane alternative to East Rock Cove. Where is the typical section associated with this alternative? • Where is the detail on the roundabout? Appendix has a generic 4 leg roundabout concept, but lacks one specific to this proposal with dimensions. Driveways • Potential issues exist with the intersection of East Rock Cove and Gattis School Road. The left turn storage for eastbound Gattis School Road to northbound East Rock Cove is limited by.additional intersection constraints immediately west of.the East Rock Cove intersection. This left turn storage is limited to 90 feet. Current proposed Left turn volumes equal or exceed the capacity of the design criteria associated with this left turn bay. Because of the aforementioned constraints, this storage.capacity cannot_be increased significantly now or in the future. • Ultimately, Gattis School Road will become a six lane median divided arterial. At that time, it is unlikely that the East Rock Cove/Gattis School Road intersection would remain in its proposed configuration and southbound left turns would likely be prohibited at this location if it remains un-signalized. A signal at this location would also be objectionable 'due to the intersection spacing of 550' with the A.W. Grimes/Gattis`School Road intersection. Existinq 24-hour Please provide :existing 24-hour counts. Counts submitted derived from TxDOT traffic. counts from 2002 are unacceptable. 24-hour counts should be the average of three days of counts not including Friday through Monday. ASM/PM peak traffic • Please provide current traffic counts. Counts submitted from 912006 do not, reflect potential changes in traffic patterns due to the opening of SH 45.(1:1/2006). AM/PM counts should be the average of three days of counts not including Friday through Monday. • All 2006 'intersection analysis of A.W. Grimes/Gattis School Road is inaccurate due to intersection geometry configurations coded. Copies of field data Please provide copies of all field data. .Assumptions on annual growth rate or other source of future background traffic at time of buildout Please include and provide documentation and calculations for the traffic associated with the development located in the northwest quadrant of the A.W. Grimes/Gattis School Road intersection for inclusion in the TIA. Page 3 of 5 EXHIBIT ._ '�ROt]ND ROCK,TEXAS PURPOSE P11WOM PROSPOM Background for 24-hour Please provide background 24 hour projections. Total traffic for 24-hour Please provide total traffic projections (24 hour projections plus projected site). Projected site for AM/PM peak Capture reductions are excessive. Current capture reductions for trip generations from the TIA are as follows: Table 1 (ADT vol) Table 3-(ADT vol) Reduction Office 852 809 05% Sit-Down Restaurant 31179 1,721 46% General Retail 18;052 11,319 37% As stated in the Transportation Criteria. Manual — "Reductions for internal capture, pass-by traffic and transit-usage should be discussed-with the staff in defining the scope of study and inust be supported by adequate documentation. No reductions in trip rates may be made for driveway turnip movements unless it can be documented that certain trips will not Lis&the driveway" Backriround for AMIPM peak • Please be consistent for any analysis horizon year in clearly identifying background, site, and total traffic for all intersections and driveways addressed. • Background traffic should also address the increases in traffic due to the latent demand associated with the 2007 connection of A.W. Grimes with FM 1460 at US 79: Total traffic,for.AWPM peak All 2008/2418 intersection analysis of A.W:'Grimes/Gattis School Road is inaccurate due to intersection geometry configurations coded. Intersectionlroadway geometry(existing and proposed) Please provide illustrations for all intersections and driveways associated with this TIA. Adverse impacts which cannot be avoided Specifically address all impacts witch cannot be avoided,those of a Level-of-Service of°D" or worse Impacts expressed in quantitative terms Demonstrate/define pro-rata assumptions and calculations for all recommended improvements. impacts should also address: • Right tum lanes. • Pro rata share of signal installations. Page 4 of 5 EXHIBIT d B \\B// ROUNDCK,ROTEXAS wIRPOSL PAWOM PROSPERUY • ROW dedications land, utility modifications associated with improvements (turn lanes and traffic signals). Roadway improvements • Suggest reexamination of overall site access considerations with emphasis on the potential loss of the southbound left at the Gattis School Road/East Rock Cove intersection and alternative concepts, especially if a four lane section is to be considered. • Also suggest roundabout concept be reexamined. Although aesthetic, the application that is being .developed in this plan has no positive value and may be more.of a negative considering the connectivity of just two legs. Limitation ofaand,use intensity Limitation of intensity or change of proposed land use may also be valid in considering site Access limitations Page 5 of 5 t yNy QQ3 V Y V � ' I $ i p .1 •• � � � 7�IIi 111 "'I I - ;(i��t ".""'i O. a'__�-a .l .. .. _ . . -. ter• i^`` � D� •.:: .. :" -.: .1:c• -..._— ;:...• _ i t ov 4;;t r rr t rt Irt:Rl 7t7f 11Jr pCD M x I i4 ... y\s °h m 0 p N Sl' o10, � C r .4 IMMIX IL&VIRW an � -w•w!.-w�..+IM,�.µ. .�-.�.�,-X ��(f -f�• R/llll •1 O OR CC K O W - - - - _ xw'� .•.. 111Th, A rjfL 11.1 PROJECT LAYOUT GAT:TIS. SCHOOL ROAD } a too goo 400 1 SCALE I.'•lAlo' r SWEV HoednNSarw �A.�.t'Awou.Ln4 L. j 1aI srLAc Moncl'nw R tdbbi¢S' TEXAS Y21:01.0� G ---.._ .--........_...........--------_--.-._---------------------------__...--------.-------------....._.---....-_............._..._....-_.........._ __ .. ._ ------------------ ------- --.- -.......................... ---------------_... m .- X a`o EXHIBIT N 71 d A4 19 EXHIBIT N D "B" D FIGURE 1 Site Exhibit e a f ? IV u 7 p d O 3 . t 42,12 Acres_ gat_tla 9.ehooI Ror4 .I. RECORDERS MEMORANDUM A MASTERPLAN for EAST ROCK COVE All or part of the text on this page was East Rock Cove-Collector Street-44'Wide Pavement-65,ROW not clearly legible for satisfactory 1,327, 070 square feet-.Buildable Area recordation. P.A.R.-.25-331,767.5 sq,ft. Driveln Restaurant Alloc4LIon-25,000 sq.ft. Retail Allocation-275,000 sq.ft. Office Allocation-31,767.5 F.A.R.-.40—530,828 sq.ft. Drive-In Restaurant Allocation-25,000 sq.ft. Retail Allocation-450,000 sq.ft. Of11CC AllocaUon-55,828 sq.ft. Round Rock,Trxas EXHIBIT N d D B" 01, f Attachment "D" i 22 EXHIBIT "B„ HOUR Gattis Schaal Rd A.W.Grimes Begin, . EASTBOUND WESTBOUND TOTAL NORTHBOUND SOUTHBOUND TOTAL 1-U0 AM _472 5621434 _ _ _ 234 _ 302 536 11:00 AM _... 725 -.... -664.... --•-1279 .. . . 289 .. . ., 31.2----- .._ 60'f --- 12:00 PM _724 ... 59§b -- •---'1314'--- 348 .... -• - 380-- - 698---- 1:00 PM _ 666 -• • - -592 1258 332 3 ... .._ - .... -... ---- - 70-- ----------- 02-.--- -- -------- • - --••----------- ------------------ ------------------ -----------------•- -----......------- 2:00 PM 694 542 1236 3.80 399 779 3:00 PM 732 - ,- 64 1378 484 414 899 4:00 PM 1050 - - 659- _ -- -1749 -- -805 - -- +5p4. -- - 1309...................................... -- - - - ................... ...................................... 5:00 PM 11 J9 8"§4 2093 1084 574 1658 ---------•---•----• ------_.._...-•--- ------------------ -----•------._.... ..--•-------------- ------1246_'---- 6:00 PM 10.87 751 1838 .......... 487 ............ .................................. 7tLo"o::P,- M 888 538 14.26 466 _ 366 832 M ---_ 632 ---- ___. -324- .-- -- • 956 -- 275 -- X66 -- 541 • - ---- - -- - ----- ..__ .. - --- -a6......:oo PM 486 _ - 218 704 264 202 466 ._ .,-••--- - ....... ..... .........•-- -----------------• . •----- --- ----- - - X01-- 1 0:00 PM -- 244 - 121 365 186 115 11:00 PM �25 .- - -------- _........$2................207 114 ---- -67 .... ....... ..-- -181- - - --- - - ------ ------135 ----- -62..... ................... 12:00 AM __$4_ _ 51 1;00 AM 43 36...................................... ............ - ................... .......... --- - .---•- - - --- - - - ------- -----•-- ------ -4....... .2:00 AM 3Q 49 2Q 14 34 :� 41 - 23--- - - - -------- - - --.... 3:00 AM 26 48 .4:00 AM 28 -- -• 80 - 10$ 19-----. _..__46 65 -.. -- -225- - - - ;� ------ --------- -------- ------------------ ----------------- 5:00 AM' 93 62 148 _ 210 6:00 AM 422 --- ---• 474 ---- 896 206 - -515- 721 �- 7:00 AM585 904 1489 308 7 704 1412 8:00 AM - 511- - 9'16 -• 1427...- -. .3802. _. .. ---4"21 - ---'1'174.... 9:00 AM 440 •-- ----------- -640...__ 1U8�_..- ---- 4 4"31- ---- - -664' TOTAL 11982 10478 j 22460 1 7376 1 7848 15223 GRAND TOTAL. FOR APPROACHES = 37683 N Lot WCAD ACREAGE 24 hr TRAFFIC Generation (vtpd) jj 1 R071631 2.38 320 AY 2 R071632 2.55 343 3 R071641 4.67 627 4 R321997 4.83 649 1 inch equals 300 feet 5 R071639 4.18 562 6 R324375 2.21 297 7 R071638 2.21 297 Total 23.03 3095 EXHIBIT D O 9 nCn m 7 n 6 NOTE: If the area of any lot changes, vehicle trips will be calculated on a pro-rated basis, as determined by The City of Round Rock 5 Transporation Services Department. 0 Y 3 X Y J U O O U) D U Q U w I 1 2 0 m m m (n o W GATTIS SCHOOL RD TFTM COTTONWOOD CT Z O� Z v� O File:O'.\Workspaces GIS\+randy_workspace\+Clyde\rAYbERLUND_B&W mxd Printing Date.Friday,April 04.2008 7:20 AM • LEXHIBITJ. AGR2007104747 „D„ sacs rr EASEMENT AGREEMENT Date: i�� )zk , 2007 Party Granting Easement ("Grantor"): Larry E. Reavis and Nancy L. Reavis, as to Lot 7 of the Servient Estate and Larry Wigginton, as to Lot 6 of the Servient Estate Grantor's Address: Party Receiving Easement("Grantee"): Nick E. Inman, Elenor Stark, Michael L. Pavlik and Anna L. Pavlik Family Trust, Dan nq, Wilburn F. Hackebiel and Annie H. ackebiel, and Billy J, Killion and Rosa Le-g`1��fiion � �� 602�\ Grantee's Address: Property Owned by Grantor ("Servient Estate"): TRACT ONE 6.69 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO LARRY J.WIGGINTON AND WIFE V.ANN WIGGINTON IN THAT DEED DATED JULY 23,198 1,RECORDED IN VOLUME 845,PAGE 264,OFFICIAL RECORDS,WILLIAMSON COUNTY,TEXAS,ALSO REFERRED TO AS LOT 6,EAST ROCK COVE. SAVE AND EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2001088103, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS. TRACT TWO 4.45 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO NANCY L. REAVIS AND LARRY E. REAVIS IN THAT DEED DATED OCTOBER 7, 1996, RECORDED IN DOCUMENT NO. 9854037, OFFICIAL RECORDS,WILLIAMS ON COUNTY,TEXAS,ALSO REFERRED TO AS LOT 7,EAST ROCK COVE. SAVE AND EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2002000800, OFFICLAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS. Property Owned by Grantee ("Dominant Estate"): TRACT ONE 4.42 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO THE MICHAEL L.AND ANNA L PAVLIK FAMILY TRUST, MICHAEL L. PAVLIK, TRUSTEE, ANNA L. PAVL iK, TRUSTEE IN THAT.DEED DATED 1 a EXHIBIT MARCH 28, 2001., PUBLIC RECORDED IN DOCIJINvN. T NO. 2001.021234, 0.� a CIAL RECORDS,W1LT,IAMSON COUNTY,TEXAS,Al'S OR EPMR.ED TO AS LOT R,EAST ROCK. COVE. TRACT TWO O 4.18 ACRES OF LAND, MORE OR LESS, OU'T' OF 'IJ=iF P.A.. HOLDER SURVEY, ABSTRACT NO. 297; IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO DAN VI TRUONG IN"THAT DEED DATED APRIL,15,19`)(), RECORDED IN VOLUME 189.5, PAGE 335, DEED RECORDS , WILLIAMSON COUNTY, TEXAS,ALSO REFERRED TO AS LOT 9,EAST ROCK COVE. TRACT TIiREE 4.83 ACRES OF LAND, MORE OR. LESS, O"UJT OF THE P.A. HOLDER. SUR.V:f::Y, ABSTRACT -NO. 297, IN WILLIAMSON COUNTY, TEXAS' AND BEING 'J7fi}i S.AM F, .P:KOPERTY AS CON'V1iY1 D TO WIL BURN F.H AC:KFBHIJ.,JN THAT DEED DATED Af'1TJ.i:. 30, 1987, RECORDED IN VOLUME 1549, PAGE 714, DEED RECORDS , WILLIAMSON COUNTY,TEXAS,ALSO REFERRED TO AS I.,O'I' 10,EAST ROCK COVE. TRACT FOUR 4.97 ACRES OF LAND, MORE OR I,F,SS, ()'IJT OF THF, :P.A. HOLDER SLIRVIY, ABSTRACT NO. 297, 1N WTI I_JAMSON COI INTY, TEXAS AND BI INC 1HE S.AMJ:i PROPERTY AS CONVEYTI) TO BTLLY J. K111.10N AND WIFE, R.OSA 1'RR K1.LL ION JN THAT DEED DATED DECEMBER 1, 1983,RECORDED IN VOLUME 955,PAGE 544,DfiRD RECORDS , WIT?,TAMSON C.'OTJNTY, '1TXAS, AI SO R'FFERRED 'TO AS LOT I1., .EAST ROCK.COVF. '.1'.RACT FIVE 2.44 ACRES OF LAND, MORE OR LESS OUT OF TFII:i P.A. HOI.,DER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY,TEXAS AND BEING THE SAMI PROPERTY AS CONVEYED TO NICK E. INMAN IN THAT DEED DATED FEBRUARY 20, 1997 RF_,CORDID DOCUMENT NO.9707751 OFFICIAL RECORDS, WILLIAMSON COUNTY TEXAS ALSO REFERRED TO AS LOT 1 EASTROCK COVE; EXCEPT T1lAT PORTION AS CONVEYED TO THE PUBLIC IN VOL,IJMF 1422, PAGE 446 2.55 .A.M- S OF LAND, MORE OR. LESS, (Arl' OV 'I7I_E P.A. HOLDER SURv.I"Y', ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING TJ-M SAMP PROPERTY AS CONVEYED TO FLOYD E. STARK.AND WIFE,ELENORA E. STARK IN n1AT DEED DA'T'ED JUNE 7, 1.978, RECORDED TN VOLUME 715, PAGE 304, T)TsIiT:� RECORDS,WTL LTAMSON COIJNTY,'.IT:XAS,A:F SO Itr.FER.Rl?D'TO AS T,U'['2,J3A.S'i'R.(.)(."k COVE. Description Of Easement ("the Easement-): The Easement, over and across the Servient Estate, is more particularly described as follows: A tract of real property sixty feet in width with a centerline running from the point 30 feet to the north of the point: 2 EXHIBIT a a at which the lot line between Lot 6 and Lot 7 of the Servient Estate intersects East Rock Cove and running to the point 30 feet south of the intersection of the tot line between Lot 6 and Lot 7 with S. A. W. Grimes Blvd, RECITAL OF FACTS 1. Grantors and Grantees all desire to facilitate the future construction of a dedicated public street which runs over and across the basement. 2. They have reached agreement upon the terms and conditions for the construction of the street and its dedication to the public and desire to memorialize their agreement. AGREEMENT Creation Of Easement 1. Each Grantor, for a good and valuable consideration receipt of which is acknowledged, grants, sells and conveys the portion of the Easement which is located on their portion of the Servient Estate to Grantee. Grantor also grants a temporary construction easement which extends fifteen feet on either side of the Easement which shall be used only during actual construction of the Public Street along the Easement and shall terminate upon completion of such construction. Purvose of Easement 2. The Easement shall be used exclusively for the construction and dedication of a public street ('Public Street") with the Public Street intersecting East Rock Cove and S. A. W. Grimes Blvd. The Easement may be used by contractors, surveyors, engineers, and other professionals retained by Grantee and Grantor to assist in construction of the Public Street. Until construction of the Public Street is complete, the Easement may not be used by Grantee for access to or from East Rock Cove and S. A. W. Grimes Blvd. The purpose of the Easement is to facilitate construction of the Public Street and not to provide egress or ingress to any party, other than as specifically provided herein. Duration of Easement 3. The Easement is perpetual and shall be appurtenant to the Dominant Estate; however the Easement shall terminate upon dedication of the Public Street. No additional action or documentation shall be required to terminate the Easement other than dedication of the Public Street. Setback Along The Easement 4. All construction on the Servient Estate prior to dedication of the Public Street shall be set back from the Easement as though the Public Street were constructed and in compliance with all ordinances of the City of Round Rock, Texas. 3 EXHIBIT 11 D 11 Modification Of Easement 5. If the City of Round Rock does not require a sixty foot wide right-of-way for the Public Street,the parties to this Agreement agree to modify the Easement to reduce its width to the minimum required by the City of Round Rock for the Public Street. If the City of Round Rock requires an adjustment to the location of the Easement, the parties agree that the Easement may be moved up to five feet to the north or the south as required by the City of Round Rock. All parties to this Agreement agree to execute any documents required to modify the Easement. Exclusiveness of Easement 6. Except as provided below, the easement, rights, and privileges granted herein are nonexclusive and are in common with the right of Grantor to continue to use the Easement as long as such use does not unreasonably interfere with Grantee's use of the Easement, Maintenance of Easement 7. Grantor shall continue to mow and otherwise maintain the Easement prior to construction of the Public Street. Construction of Public Street 8. When the City of Round Rock consents to the construction of the Public Street,the parties shall select a certified appraiser mutually acceptable to Grantor and Grantee to appraise the value of the property within the Easement. Grantor shall be paid an amount calculated by multiplying the appraised value of the land within the Easement by a fraction whose numerator is the total number of square feet contained in all of the land owned by the Grantee within the East Rock Cove Subdivision (the"Subdivision)in Round Rock,Williamson County,Texas, and whose denominator is the total number of square feet owned by both Grantor and Grantee in the Subdivision. Each Grantee, Successor,or Assigns shall be responsible for his pro rata portion of the amount payable to Grantor based upon the ratio of the land area of each Grantee to the total amount of land area owned by all Grantees. A. If a party is required to retain legal counsel and incur other expenses to enforce this agreement and is successful in any litigation initiated under this agreement, such party shall be entitled to collect reasonable attorneys fees and other expenses. 4 [EXHIBIT "Dn No Merger of Estates 9. If the Easement is created by Grantor prior to conveyance of the Dominant Estate to Grantee, the Easement shall not merge with the estate owned by Grantor in the Dominant Estate. Entire Agreement 10. This instrument contains the entire agreement between the parties relating to the Easement and the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. Binding Effect 11. This Agreement shall bind and inure to the benefit of the respective parties, their heirs, personal representatives, successors, and assigns. Executed on August_CNj 1� 2007. Grantor: Larry E. Rea ancy L, a is Mic fi ae L. v I i Anna Pavlik Family Trust d�VW4� /—,a&Z L 9 By. �nnaPaavli cam, rustee Grantee: ick E. Inman 5 DE DEXHIBIT 1A "Dn enor Stark Larry Wigpton U anong"'[C WilbuMF. Hackebiel cVOA \\ rSnie ac biel y k\ I y i n Rosa Lee—Killion STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this, day of 2007, by Larry E. Reavis and Nancy L. Reavis. JOCOCKBM No Pu tic, tate of Texas =: , MyCOMMISSION EXPIRES ....#. { Fft"zz zolo 6 EXHIBIT "D" a STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this � day of�L �— 2007, by Larry Wigginton. ' ,['2 JO COCKBURN '•r MY COMMISSION EXPIRES Feb"22,2010 to Publl tate of Texas STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before tale this a day of �, 2007, by Nick E. Inman. J0 C000ft ' 1:l 2Z D OIREs oc)'N� = 201 y b c, State o Texas STATE OF TEXAS COUNTY OF WILLIAMSON ` This instrurr,2ent was acknowledged before me this 3�day ofD -+ 2007, by ErnoWtark. 1MII,N ��'I �••. pti REED +m. ';� Notary Public.State of Texas Notary Public, t TeXBS i My Commission Expires ,,, February 09,2008 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me thisL day of I 2007, by Michael L. Pavlik and Anna L. Pavlik as Trustee of the A Trust. Ina L. av i< Family a u ic, to e o exas J0 COCMRN r t MY COMMISSION EXPIRES = February 22.2019 7 EXHIBIT D a "Dn a STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of , 2007, by Dan Trong':--\cuol) li� JO C 3MURN j} MY COMMISSION EXPIRES fanary 2Z 2DID t Pu Ic, t o Texas STAT OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this& day of 2007, by WilburrF. Hackebiel and Annie H. Hackebie • `d4c�be�� \aockek�:�\ JO COCK�AN ' i MY COMMISSION EXPIRES s of ►c,b e o TexaFetn,aryz2 zoto STA OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of �Iuur's� , 2007, by Billy J. Killion and Rosa Lee Killion. JO COCKBURN MY COMMISSION EXPIRES o ryu l►c, State of Texas rrenn,ary2z,2oto FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007104747 12/19/2007 04:12 PM SURRATT $45.75 NANCY E. RISTER, COUNTY CLERIC LL>/ �/ ✓!( � a WILLIAMSON COUNTY, TEXAS j �v -7 EXHIBIT a "D" a 0 100 200 8 7 9 6 10 5 11 1 2 3 4 DATE: May 2, 2008 SUBJECT: City Council Meeting— May 8, 2008 ITEM: 962. Consider an ordinance zoning 23.09 acres of land known as East Rock Cove to Planned Unit Development (PUD) No. 80 zoning district. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The site is a portion of an unrecorded subdivision which contains lots ranging from 2-4 acres in size. The PUD contains six of the original eleven lots in the unrecorded subdivision. A previous request for C1-a (General Commercial— Limited) and OF (Office) zoning for the East Rock Cove properties was withdrawn by the applicants prior to the September 20, 2006 Planning and Zoning Commission meeting. At that time, a PUD (Planned Unit Development) was recommended by City staff. Because proposals by the property owners' transportation consultant did not adequately address the potential for significant traffic congestion on Gattis School Road and A.W. Grimes Boulevard, the City's Transportation Services Department prepared an analysis to determine the maximum number of traffic trips the site could be allowed to generate. The PUD proposes commercial, office and senior housing land uses, to be limited by the total amount of traffic generated for the site. A widening and extension of East Rock Cove, the public street which provides access to the site, will be required to provide an intersection with A.W. Grimes Boulevard unless the lots within the PUD are consolidated so that access is provided directly to Gattis School Road or A.W. Grimes Boulevard. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The site was annexed in July of 2006. The Planning and Zoning Commission recommended approval of the proposed zoning at their April 9, 2008 meeting. Public Comment: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on April 9, 2008. No comments were received at the hearing. Ordinance No. Z-08-05-08-9B2 Zoning 23.09 acres to PUD No. 80 AFTER RECORDING,PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET ROUND ROCK,TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008036906 05/12/2008 01:44 PM CMCNEELY $272.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS RECORDED DOCUMENT FOLLOWS ORD 2008036906 65 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. Z-08-05-08-9132 which zones 23.09 acres of land known as East Rock Cove to PUD No. 80, which was approved and adopted by the Round Rock City Council at a regular meeting held on 8th day of May 2008 and recorded in the City Council Minute Book 56. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 12th day of May 2008. �$. SARA L. WHITE, City Secretary ORDINANCE NO. !F,-Ob-a9-06 )V-- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 23.09 ACRES OF LAND, KNOWN AS EAST ROCK COVE, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 80. WHEREAS, the City of Round Rock, Texas has recently annexed 23 . 09 acres of land, known as East Rock Cove, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property" ) , attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 9th day of April, 2008, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 80, and WHEREAS, on the 8th day of May, 2008, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and 0:\WDOX\ORDINANC\080508B2.DOC/rmc Original Zoning Ordinance 6/06 WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A. , Texas Local Government Code, and Section 11 . 300 and Section 11 .400 , Code of Ordinances (1995 Edition) , City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 80 meets the following goals and objectives : (1) The development in PUD No. 80 is equal to or superior to development that would occur under the standard ordinance requirements . (2) P.U.D. No. 80 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 80 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 80 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities . (5) P.U.D. No. 80 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district . 2 II. That the Official Zoning Map adopted in Section 11 . 401 (2) (a) , Code of Ordinances (1995 Edition) , City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" , attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 80, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 80 attached hereto as Exhibit "B" , which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof . C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 Alternative 1 . By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this � day of 2008 . Alternative 2 . READ and APPROVED on first reading this the day of 2008 . READ, APPROVED and ADOPTED on second reading this the day of 2 8 . NY WE Mayor Vof and Rock, Texas ATTEST: LAS SARA L. WHITE, City Secretary 4 EXHIBIT d "A" Exhibit A 23.09 acres, more or less, out of the PA Holder Survey, Abstract #297, also known as Round Rock East,Section I, Lots 1 -2 and 7-11, an unrecorded subdivision, save and except 0.058 acres and 0.063 acres deeded as right of way from Lots 1 and 2;further described as: • 2.44 acres,less 0.058 acres deeded as right of way; also known as Lot 1 • 2.55 acres,less 0.063 acres deeded as right of way; also known as Lot 2 • 4.42 acres; also known as Lot 8 • 4.18 acres; also known as Lot 9 • 4.83 acres; also known as Lot 10 • 4.67 acres;also known as Lot 11; And more particularly described on the attached field notes. DEVELOPMENT PLAN EAST ROCK COVE PLANNED UNIT DEVELOPMENT NO. 80 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Nick Inman, Elenora Stark, Billy and Rosa Killion, Wilburn Hackbeil, Dan Truong and Michael and Anna Pavlik, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 23.09 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on April 9, 2008, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section 11 herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section 11.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and. in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 23.09 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.1.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the General Commercial - Limited (C-1a) and Senior (SR) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. DEVELOPMENT LIMITED BY TRAFFIC GENERATION 5.1. Transportation and traffic generation are the primary factors that restrict the development on the Property. The document contained in Exhibit "B",An Analysis of Traffic Impacts for the Proposed Development of the East Rock Cove Site prepared by the City of Round Rock Department of Transportation Services, dated November 14, 2007 (herein after referred to as the "Analysis") shall be the basis of restricting the intensity of development on the Property. Exhibit "C" contains the maximum 24-hour traffic generation assigned to the Property from Table 9 of the Analysis. 5.2. Prior to the submittal of a full site development permit application for any development which proposes access to East Rock Cove, one of the following two conditions shall be met: 5.2.1 East Rock Cove is widened from Gattis School Road to its existing terminus and extended to the east to provide an intersection with A.W. Grimes Boulevard. The roadway section will be designed and constructed as a local collector street with parking in accordance with the City of Round Rock Design and Construction Standards - Transportation Criteria Manual, however parking in the right-of-way shall be prohibited. The eastern extension of East Rock Cove will utilize an alignment described in Exhibit "D", an easement agreement between the Owners and Larry and Nancy Reavis and Larry Wigginton. The dedication of right-of-way and construction of the roadway will be approved through the subdivision process. 5.2.2 Ownership of the Property is consolidated in a manner which eliminates the requirement for any access to East Rock Cove, instead providing direct access to and frontage on Gattis School Road and/or A.W. Grimes Boulevard. Such consolidation of the Property shall eliminate the requirement for the widening and extension of East Rock Cove described above and the existing right-of-way for East Rock Cove may be abandoned. 6. PERMITTED USES The following uses are permitted, subject to the maximum traffic demand levels determined by the Analysis described in Section 9.0 below, and the conditions listed for each use. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. 6.1. Day Care • One (1) story height limit 4 6.2. Funeral Home • One (1) story height limit 6.3. Office • Two (2) story height limit 6.4. Office, Medical • Two (2) story height limit 6.5. Retail Sales and Services • One (1) story height limit • The following Retail Sales and Services are prohibited: 0 24-hour service or operations, Convenience stores with fuel facilities, Indoor Entertainment Activities (including bowling alleys, game arcades, pool halls, dance halls and movie or other theaters), Outdoor storage, Overnight accommodations, Pawn shops, Portable building sales except as incidental to other retail sales, Re-sale stores, Sexually-oriented businesses, Tattoo parlors, Auto Service Facilities (including gas stations, quick-lube service, tire sales and installation, and wheel and brake shops), Car wash, Commercial parking 6.6. Eating Establishments • One (1) story height limit • No drive-through service allowed 6.7. Senior (apartments,townhouses or group/independent/assisted living) • Three (3) story height limit 6.8. Townhouse 6.9. Place of Worship 6.10. Community Service 6.11. Government Facility 5 6.12. Utilities (Minor and Intermediate) 6.13. Park (Community, Linear/Linkage or Neighborhood) 6.14. Attached Wireless Transmission Facilities 6.15. Stealth Wireless Transmission Facilities 7. PROHIBITED USES 7.1. The following uses are prohibited. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. • Campgrounds, Donation centers, Flea markets, Heavy equipment sales or rental, Industrial building sales, Manufactured home sales, Major recreational equipment sales or rental (including boats,boat trailers, travel trailers, pickup truck campers, camping trailers, tent trailers, converted trucks and buses, recreational vehicles, and other related equipment intended for recreational purposes), Mini warehouses (including self-storage), Outdoor entertainment (including sports arenas, racing facilities, amusement parks, golf driving ranges and miniature golf courses), Outdoor kennels, Passenger terminals, Recreational vehicle parks, Recycling centers, Shooting ranges, Truck service or repair, Truck stops, Trucking terminals, Vehicle sales rental or leasing facilities, Wholesale nurseries, Wireless Transmission Facility -Self-Standing, Wrecking Yards 8. DEVELOPMENT STANDARDS 8.1. Setbacks along Eastern Property Boundary: • For the purpose of determining setbacks and buffer requirements from the eastern boundary of the Property, the City of Round Rock's Clay Madsen Center shall be considered a C-1a (Local Commercial) use. 8.2. Signs • All free standing business use signs on any lot of three (3) acres or less in size shall be Monument Signs, with a maximum sign area of 50 square feet and a maximum height of five (5) feet, with no minimum setback. 9. TRANSPORTATION As a part of the development of any portion of the Property, the traffic impacts of the proposed development project shall be addressed according to Exhibit "B", the Analysis and Section 5.2 above. 6 10. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 11. DEVELOPMENT PROCESS As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting. The subdivision platting process includes a Concept Plan, a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. 7 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" An Analysis of Traffic Impacts for the Proposed Development of the East Rock Cove Site Exhibit"C" Maximum 24-hour traffic generation by parcel Exhibit "D" Easement Agreement 8 EXHIBIT 3 /`1 Exhibit A 23.09 acres, more or less, out of the PA Holder Survey, Abstract #297, also known as Round Rock East, Section 1, Lots 1 -2 and 7-11, an unrecorded subdivision, save and except 0.058 acres and 0.063 acres deeded as right of way from Lots 1 and 2; further described as: • 2.44 acres, less 0.058 acres deeded as right of way; also known as Lot 1 • 2.55 acres, less 0.063 acres deeded as right of way; also known as Lot 2 • 4.42 acres; also known as Lot 8 • 4.18 acres; also known as Lot 9 • 4.83 acres; also known as Lot 10 • 4.67 acres; also known as Lot 11; And more particularly described on the attached field notes. EXHIBIT "A" SURVEY X O. 97147 EXHIBIT "A„ FIELD NOTES OF 2.44 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, A.K.A. LAS OT 1, ROUND ROCK ET;. WILLIAMSON COUNTY, TEXAS ; BEING ALL OF THAT 2.44 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 2970 IN WILLIAMSON COUNTY, TEXAS, ALSO KNOWN AS LOT 1, ROUND ROCK EAST, AN UNRECORDEV SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE 115 . 58 ACRES OF LAND CONVEYED IN A DEED TO GLEN NEANS RECORDED IN VOLUME 590, PAGE 680 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND CONVEYED IN A DEED FROM GLEN NEANS TO BYRON N. & NANCY J. EATON RECORDED IN VOLUME 627, PAGE 889 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAVE & EXCEPT THE 0. 058 ACRES OF LAND DEDICATED TO THE PUBLIC USE FOR RIGHT OF WAY RECORDED IN VOLUME 1422, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, HAVING BEEN SURVEYED ON THE GROUND BY SNS ENGINEERING, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron rod found in the northerly Right of Way line of Gattis School Road at the northwest corner of said 0. 058 Acres, same being the southeast corner of the City Park, for the Southwest corner of the tract herein described; THENCE, leaving the northerly Right of Way line of said Gattis School Road and following a fence along the westerly line of said 115 . 58 Acres, Lot 1 and the tract herein described, same being the easterly line of the City Park, N 04052100" W, for a distance of 392 .27 feet to an iron rod found, for the Northwest corner of Lot 1 and the tract herein described, same being the southwest corner of Lot 11 of said Round Rock East; THENCE, following a fence along the northerly line of Lot 1 and the tract herein described, same being the southerly line of said Lot 11, S 89°03104" E, for a distance of 292 . 56 feet to an iron rod set for the Northeast corner of Lot 1 and the tract herein described, same being the northwest corner of Lot 2 of said Round Rock East; THENCE, along the easterly line of Lot 1 and the tract herein described, same being the westerly line of said Lot 2, S 00053124 " W, for a distance of 389 . 70 feet to an iron rod set in the northerly Right of way line of said Gattis School Road, for the Southeast corner of the tract herein described, same being the northeast corner of said 0 . 058 Acres; T14RNCE, along the northerly Right of Way line of said Gattis School Road and northerly line of said 0 .058 Acres, same being the southerly line of the tract herein described, N 89'10' 40" W, for a distance of 253 .21 feet to the POINT OF BEGINNING and containing 2 .44 Acres of Land, More or Less . BEGINNING at an iron rod found in the northerly Right of Way line of Gattis School Road at the northwest corner of said 0 . 058 Acres, same being the southeast corner of the City Park, for the Southwest corner of the tract herein described; THENCE, leaving the northerly Right of Way line of said Gattis School Road and following a fence along the westerly line of said 115 . 58 Acres, Lot 1 and the tract herein described, same being the easterly line of the City Park, N 04052100" W, for a distance of 392 . 27 feet to an iron rod found, for the Northwest corner of Lot 1 and the tract herein .described, same being the southwest corner of Lot 11 of said Round Rock East ; THENCE, following a fence along the northerly line of Lot 1 and the tract herein described, same being the southerly line of said Lot 11, S 89003104" E, for a distance of 292 . 56 feet to an iron rod set for the Northeast corner of Lot 1 and the tract herein described, same being the northwest corner of Lot 2 of said Round Rock East; THENCE, along the easterly line of Lot 1 and the tract herein described, same being the westerly line of said Lot 2, S 00053124" W, for a distance of 389 . 70 feet to an iron rod set in the northerly Right of way line of said Gattis School Road, for the Southeast corner of the tract herein described, same being the northeast corner of said 0 . 058 Acres; TI&WCE, along the northerly Right of Way line of said Gattis School Road and northerly line of said 0 . 058 Acres, same being the southerly line of the tract herein described, N 89010140" W, for a distance of 253 . 21 feet to the POINT OF BEGINNING and containing 2.44 Acres of Land, More or Less . 0r SNS ENGINEERING, INC. o• JL- ,LIE VA,srUauNc; 01413 s e aster ng Registered Professional Land Surveyor No. 1413 SUP. EXHIBIT �- D „A„ EXHIBIT YOI,1422 PAGE 448 SKETCH. T•0 ACCOMPANY FIELD NOTE' S D ����� - FOR 0.058 ACRES F 6,riEafl oPis ,4r , PoCewr dt'crlot/ OivE t 1QYfM.N lf✓O 1AW fe"JWv) JIB R Is/If i s .: �Lr.0•1/rE • T LD r /- 1.19.IC, 1 Dr.rO,V AI !•4rdO4O fl/r0 J7.Lr.!• ( t• • "Ado, :z .awwir si air ri v s w ssi ie /U'siaysvt E,4TT/.!' UNDO! .r0.4D �_- RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory e f ` recordation. eta ewo � o t=om STATE OF TT7(A5 COUNTY OF WtUAMW i an d°^eie�da�of N*MWulled Pad hFILM q ow, �0 i gt�N�i namm d REODORO§d W County• Texu,u camped hum by K w 1 NxCR a' • WIU Cam.TOM �£ I ki; l'XN/d Ar e' ✓VEE)' / Of / z Haynie & Kallman Inc. not s.s a" I1wN R•eA 7►aa TMN, N (011Y�7-7M1 t^- Austin Data Inc. TT ADI10498 WM 8638364 . 003 �;cti5'l�i5s-'.. ...-�'.:' .. - _..'_......_.._1'�ti_.-..--.« ...-.i•...,tit:i.:�:.....�.�:..f.�.-,.�.....-�... ''�Yt�, EXHIBIT 'von U5 PA 304 T D ��e WARRANTY DEED WITH VENDOR'S LIEN ? THE STATE OF TEXAS' 93 X { COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That CONANN CONSTRUCTORS, INC, of the County of Travis and State of Texas for and in consideration of the sum of TEN AND N0/100 ($10.00 DOLLARS and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, i and the further consideration of the execution and delivery by grantees r of their one certain promissory note of even date herewith in the p? principal sum of $14,000.00, payable to the order of Peoples Savings and Loan Association, at 'its office in Llano, Llano County, Texas, �? i as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorneys fees, the payment of which note is aecured.by the vendor's lien herein retained, and 1s additicnaily secured by a deed of trust r of even date herewith to D. L. SANSOM, Trustee, have GRANTED. SOLD i,'• AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto r' Floyd E. Stark and wife, Elenora E. Stark of the County of Williamson and State of Texas, all of the following described real property T in Williamson County, Texas, to-wit: 1 - 2.55 acres of land out of the P. A. Holder Survey in Williamson County, i Texas, and being a portion of that certain 115.58 acre tract of land as conveyed to Glenn Neans by Deed recorded in Volume 590, Page 680, Deed Records of Williamson County, Texas; said 2.55 acres of land being more particularly described by metes and bounds in field notes prepared by ! Ralph W. Harris, REgistered Public Surveyor, dated 8129/75, attached hereto and made a part hereof for all pertinent purposes. This conveyance is expressly made subject to all conditions, v covenants, reservations, restrictions and easements of record or open and obvious upon the ground. TO HAVE AND TO HOLD the above described premises, together with it all and singular the rights and appurtenances thereto in anywise f ;i belonging unto the said grantees, their heirs and assigns forever; and it does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES unto the said { i i grantees, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any pert thereof. V _T t5'.T.S✓l c.errsrrsuvw�vi.:rvr•c...,��.-v-.e_a:i_:: c'f`.�^.:tr.'I�3in Austin Data Inc. TT ADI10498 WM 197800793 . 001 EXHIBIT vo 715 rw 305 But it is expressly agreed that the VENDOR'S LIEN, as well as "A�� the Superior Title in and to the above described premises, is retained I1 against the above described property, premises and improvements until " the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this If ,l I. Deed shall become absolute. I; Peoples Savings and Loan Association, at the instance and request of the grantees herein, having advanced and paid in cash to the grantor i herein that portion of the purchase price of the herein described 6i property as is evidenced by the hereinbefore described $14,000.00 rr note, the vendor's lien, together with the superior title to said rC i property, is retained herein for the benefit of said Peoples Savings and Loan Association and the same are hereby transferred and assigned to said Peoples Savings and Loan Association, and said Association 5 and its successors or'a8signs, shall have the right to release said vendor's lien upon the payment of said note. EXECUTED this 7th day of June, A. D. 1978. CONANN CONSTRUCTORS, INC. ti0 SCa� By: THE STATE OF TEXAS Z r' COUNTY OF X BEFORE ME, the undersigned authoritory, on this day personally appeared of CONANN CONSTRUCTORS, INC. , a corporation, known to me to be the ' person whose name is subscribed to the foregoing instrument, and ack- nowledged 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 corporation. GIVEN under my hand and seal of office, this the day Of June, A.D. 1978. Notary Public in and torTi0-4i//j ; ' County, Texas My Colmoission Expires: s/3./79 Name Printed: i DOROTHY S.WATSON ►toi r:I nU0!Jc IS:ASIC r0A Ti1N715 COUw11, Ue Ceam6elo-Eapise„�� t THE STATE OF TEXAS l 1 1 Dick Cervenka,Clerk er the County Court of sdd County de hareby giAtfy, County of Willtatttson 1 �! that the for.oin i It lnzlrument In•�vr1Un4 with 1V crrtllkab of euthenllcallon. Was tnea for record to my otad on N-.................:.....da'y'of:,•....a?y...@._,�......,A"D.ILL.7.Q at..........._$4-5.0.....o'cloek._A_M, and duly r.00ra.d this the........:6vi.r2..th.amy oL--..._/! .f.._..:.7_�rA:D..IO....f.1B al.........."..�.1.,Z.5.....o'el«t._. ...M.,fo the.._._......_...._._._ �. i? Deed ..t ..........:_.................- :.i.:/..,.:.':..... ...... Record- of said County.Jr.vat....7.15......_._._ Pip..3.0-4......... •,, .�,; WITNE8MY.i�A11D� nd oe%i:of the-County Court of mid county, at office In Geordetewo, Taus, tov he date last abe:wrfuen.• c..,. DICK CERVEIVRA, t:t,Fattc, County Court. Williamson County. 'hams Austin Data Inc. TT ADI10498 WM 197800793 . 002 .'4/'% .. , Y0114z2PA�E449 EXHIBIT DEDICATION OF RIGHT-OF-WAY "A" THE STATE OF TEXAS Ifa�BuLS /'1 KNOW ALL MEN BY THESE PRESENTSI , .. THE COUNTY OF WILLIAMSON ) THAT FLOYD STARK AND WIFE ELENORA, hereinafter referred to f' as GRANTORS• whether one or more. for and in conslderatlon of l x' the benefits to be derived by GRANTORS from the public rlght-of-way across the premises hereinafter described. have L . this day GRANTED and CONVEYED, and by these presents do hereby ? GRANT. CONVEY and dedicate to the public use the right-of-way more particularly described as follows. It Witt - r All of that certain tract. piece or parcel of land, lying and being situated in the County of Williamson, State of Texas, as described in EXHIBIT "A", attached I hereto and made a part hereof for all pertinent purposes, to which reference Is here made for a more particular description of said tracts ! TO HAVE AND TO HOLD the same perpetually to the Public, together with the right and privilege at any and all times to anter said premises, or any part thereof, for the purpose of 'ingress and egress to or from any lands adjacent to said j premises. UTED 1N WILLIAMSON COUNTY, TEXAS on this the day rr of , 1966, A.O. Floyd S rk, Grantor Elenora Stark. Grantor THE STATE OF TEXAS ) COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority. on this day , Personally appeared FLOYD STARK. an Individual, known to me to be the person whose name Is subscribed to the foregoing Instrument. and he acknowledged to me that he executed the same For the purposes and consideration therein expressed and In the capacity therein stated. -' G V UNDER MY HAND AND SEAL OF ICE. this the _L_ day r1 of 1986. A .a -h 0-A yruokLeof t ry Publ c In anNvbp/uIC S.Ldie:a Or rCommiWonE6pimsluNyt,lss9 th State of Texas Commission Explress THE STATE OF TEXAS ) COUNTY OF WILLiAMSON I, . BEFORE ME. the undersigned authority, on this day Personally appeared ELENORA STARK, an IndIvIdue;, known to me to be the person whose name Is subscribed to the foregoing Instrument, and she acknowledged to me that she executed the . same for the purposes and consideration therein expressed and in th c city therein stated. GI N UNDER Mis HAND AND SEAL OF OFFICE, this the day ?, w, Of 1986, A.D. JANILE L LAY o ary Pub l i c I n nd for (/�}�\ �r"H IIob,YPub.SbleefTaa a State of Tex s v �, 11►Caoms,ion[spl,u J14Y s,1989 MY Commmss ion Explress r OIFFIC1At RECo"y { ,,f.•i '�1G i' ... � _ _ -. ��N>�Hlmf klYiA� -- �!C-. F. a,-`` J Austin Data Inc. TT ADI10498 WM 8638365. 001 EXHIBIT . va 14224Q456 "A„ EXMIT •A• PAGE 1 OF 1 01/24/66 FIELD NOnS OF 0.063 ACRES FIELD NOTES describing a 0.063 term tract or parcal of land, being a strip of land tan (10) fest in width, and being • portion of that certain 2.55 acre Lot ' 2, Round Rock East, Section One, an unrecorded subdivision, conveyed to Lloyd ti Stark by dead recorded in Valuta 618, Page 948 of the Deed Records of s . Willia"on County, Taxes, and being more particularly described by setas and ' bound• as follows: EECINNINO at an iron pin found in tbt north right-of-vay line of Gattis School Y Road, being the southeast corner of Lot 1, of said Section ()Be. &"*being the e southwest Cotner of said Lot 2, for the southwest corner and POINT or BEGINNING i of the hereinafter described 0.063 acre tract; 7dEWS departing said north right-of-way line, along the diririoo lino between i said Lot 1 and said Lot 2, for the vest line hereof, 900.29123112, 10.00 feet to a point for the northwest corner bereof; THENCE along a lite being ten (10) feet north of and parallel to the north right-of-way line of said Csttis School Road, for the north line hereof, 689°30'35"2,.277.92 feet to a point in the west right-of-vay lice of gest Rock V 4 Cove, • fifty (50) foot wide right-of-ray, for the northeast comer bersof; THENCE along said vast right-of-way line of said East Rock Cow, for the east line hereof, along the are of a curve to the right having elements of delta ■ 5. 70°31144". radius- 15.00 feet. are- 18.46 feat, tangent- 10.61 feet, cbord.end chord bearing- 17.32 fast. S55.13.331W to a point in said north right-of-lay line of said Gattis School Road, for a Point of Tangency hereof; THENCE aloag said north right-ofway line of maid Gattis School Road, along a lin* being Leo (10) feet south of and parallel to the north line herein described, for the south line hereof. N89.30135"W. 263.78 feet to the POINT OF '' • EECINNINC of the herein described tract, containing 0.063 scram (or 2741 square feet) of land. I, Steven D. 2e11maa. a REGISTERED PUBLIC SURMOR, do hereby certify that these field notes accurately represent the results of an on-the-ground aarT*y ' conducted under my direction oe the 24th day of January. 1986. All corner located are as described. ' RATRIE i RALLW. INC. ►t �pt•. OF j o„ A{f................, f* 6tmvea 1Callwn, %; STM 0.MLLMAN Registered Public pSurveyor No. 3337 3337 24 �U Data i'• r� s . 1, Austin Data Inc. TT ADI10498 WM 8638365.002 7117 7-A 7,77T7 EEJIBIT W.1422PACE451 -- SKETCH TO- ACCOMPANY FIE Ld NOTES �� FOR 0.063 ACRES _ _ V I tiri A r.4111 «r r.- t ff de. ow. ♦ss, -a wf � v � o m. } - - am-6 O v, ��-----__— — _— — z .may .tiw/s II .t//f•.i✓'.rf'.t/`Ii.f-7/' I•rr'!/'N'-.r-KEN �D m m t to 3 .. ldGEd/D L'Y' v • t (n STATE Of ry ra _fir- h TEXAS COUNJy OF I UMM rf I IYreby eertih Intl this lnsbvmeml wee FlEEp so ee IN deb end at dle 6nY stomped Anton OY A1e;and"I duly RECORDED in the Yob • Loun tiex�s��t stamped of Williams" -i AA A r ped hereon by mt,on SEP,18� z 0 - 0 CD - C� OUN1y :> WILLIAMSONCIERK Comy,TE • J.YdrE7 /I// • ✓.�.uu/.rr r*nay Haynie & Kallman Inca COAISULTINS d1meMlfJe! 110 rM teYqy a 11"ad IIxA�n��• TNM 1 -� fSlt)tOn-701 Austin Data Inc. TT ADI10498 WM 8638365. 003 EXHIBIT WILLIAMSON COUNTY, TEXAS a "A" WARRANTY DEED GRANTORS: MICHAEL L. PAVLIK and ANNA L. PAVLIK, his wife 1000 East Rock Cove Round Rock, TX 78664 GRANTEE: THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST MICHAEL L. PAVLIK, Trustee ANNA L. PAVLIK, Trustee, or their successors in trust 1000 East Rock Cove Round Rock, TX 78664 CONVEYANCE: FOR VALUE RECEIVED, Grantors have conveyed, granted,transferred and assigned, and hereby grant, convey,transfer and assign to Grantee, all, and no less than all,of the following described real property: 4.42 acres recorded by Deed, Volume 2373, Page 760 in the Deed Records of Williamson County, Texas, being a tract of land out of the P.A. Holder Survey in Williamson County, Texas, and being a portion of that certain 115.58 acre tract of land conveyed to Glenn Neans by Deed Volume 590, Page 680 of the Deed Records of Williamson County, Texas, said tract being also known as Tract 8 of Round Rock East, an unrecorded subdivision, and being more particularly described by Metes and Bounds as follows: BEGINNING at 1/Z" rebar found at the Northwest corner of the above described 115.58 acre Neans tract of land, said rebar being also the Northwest corner of the above described Tract 8, for the Northwest corner and PLACE OF BEGINNING hereof; THENCE, with the North line of said Tract 8, being also the South line of that tract of land conveyed to Carl Anton Forsman in Volume 128, Page 456 of the Deed Records of Williamson County Texas, N 84° 20' 00" E 926.95 feet to a %" rebar set at the common Northerly corner of Tract 7 and Tract 8 of said Round Rock East (unrecorded subdivision) for the Northeast corner hereof, from which point a 1/z" rebar found bears N 84' 20' 00" E 0.82 feet; THENCE, with the common line between said Tract 7 and Tract 8, S 38' 25' 1 EXHIBIT 00" W 550.44 feet to a 1/x" rebar set at the comxm�o Tract 7 and Tract 8, said rebar beginning in the R.O.W. as East Rock Cove for the Southeast corner hereof, rebar found bears N 57° 08' 59" E 0.78 feet; THENCE, with the R.O.W. line of said cul-de-sac along a curve to the left, having a radius of 50.00 feet, an arc distance of 55.85 feet and a chord which o o bears S 870 42' 00" W 52.99 feet to a 1/Z" rebar set at the common Southerly a=� v corner of Tract 8 and Tract 9 of said Round Rock East for the Southwest =�" m corner hereof; a m X00 THENCE, departing said cul-de-sac R.O.W., with the common line between W said Tract 8 and Tract 9, N 57° 03' 00" W 628.55 feet to the PLACE OF C BEGINNING containing 4.42 acres of land, more or less. SUBJECT TO: (1) any overlapping of improvements or encroachments which a survey would reveal; (2)valid and enforceable land use regulations, restrictions, and conditions; (3)real property taxes,prorated to date; (4)any recorded right-of-way,easement,or other exception to title (including liens) which an examination of title to the property would reveal; (5) any loan or encumbrance secured by a vendor's lien or deed of trust upon the property; (6)rights of parties in possession under lease or as an inspection of the property would reveal. FURTHER RESERVATION AND EXCEPTION: THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST is a revocable inter vivos trust created by and under the trust laws of the state of Texas and for the use and benefit of MICHAEL L. PAVLIK and ANNA L. PAVLIK . To the extent a transfer to the trust will create a loss or diminution of the exempt property status (i.e., exemption from the claims of creditors) of homestead property under the laws of the state of Texas or a loss of any property tax benefit accorded by the laws of the state of Texas to homestead property, Grantors retain and reserve such estate and title required under the laws of the state of Texas necessary to preserve and protect: The exempt property status given, or as may be enlarged, by the laws of the State of Texas. The property tax exemption(s) given, or as may be enlarged, by the laws of the State of Texas. FURTHER RESERVATION AND EXCEPTION: This transfer of real estate to THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST which is encumbered by a mortgage or deed of trust may prohibit any transfer thereof without the consent of the lender and may give the lender the option to call the unpaid portion of an installment note immediately due and payable if a transfer is made without the lender's consent. These restrictions are generally called "due on sale" or "due on transfer" prohibitions. Any transfer directive or contribution directive specified by this instrument is subject to any such prohibition or limitation. Grantors reserve and retain such estate and title to the property as will not violate the due on sale or due on transfers of any mortgage, deed of trust, or other instrument, if any and to the extent applicable to a transfer of this property to THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST. To the extent a transfer of this property is limited by 2 any applicable due on sale prohibition or due on transfer prohibition, ownership will fully vest in THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST only upon receipt of lender's consent to the transfer or upon final release of the mortgage or deed of trust lien by the lender or by the assignee thereof. OWNERSHIP OF THE PROPERTY PRIOR TO THE TRANSFER TO THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST: It is acknowledged and agreed that this property is owned, immediately prior to this transfer, as MICHAEL L. PAVLIK and ANNA L. PAVLIK property. This agreement supersedes any other agreement or arrangement to the contrary. This Trust agreement referred to in this deed is a Qualifying trust in that the agreement creating this Trust provides that the Trustor of the Trust has the right to use and occupy as the Trustor's principal residence residential property rent free and without charge except for taxes and other cost and expenses specified in the instrument until the date the Trust is revoked or terminated. CONSIDERATION: Ten and no/100 Dollars and other valuable consideration paid to Grantors by Grantee, the receipt and sufficiency of which is hereby acknowledged. HABENDUM AND WARRANTY: TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors, personal representatives, and assigns forever; and Grantors do hereby bind Grantors, Grantors' successors, personal representatives and assigns, to warrant and forever defend, all and singular, the said premises unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The use of personal pronouns in this instrument shall be construed in context, with the masculine to include the feminine, when appropriate, and the singular to include the plural, when appropriate. EFFECTIVE DATE: This transfer and conveyance is effective as of the date of this instrument. If this instrument is not immediately recorded, MICHAEL L. PAVLIK and ANNA L. PAVLIK will hold title in trust and as nominee for and on behalf of THE MICHAEL L. and ANNA L. PAVLIK FAMILY TRUST. DATED and EFFECTIVE this _0 day of 6.4—cz 2001. EXHIBIT «A„ 3 EXHIBIT VOL X895 ��::335 .0 «A„ 19A88ANTY DEE❑ j,^G�<)4 BERNARD P. PROSISE, ACTING BY AND THROUGH HIS ATTORNEY-IN- FACT, EHHA B. PROSISE, and wife, THERESA J. PROSISE, hereinafter called GRANTOR, for the consideration hereinafter stated, does GRANT, SELL and CONVEY unto DAN VI TRUONG, hereinafter called • GRANTEE, the following described real estate, together with all improvements thereon, situated in Williamson County, Texas, to-wit: Approximately 4.18 acres of land, more or less, out of the P. A. Holder Survey in Williamson County, Texas, being the same property described in the Deed from Finis Sweazea and Wife, Ina Lou Sweazea to Bernard P. Prosise and wife, Theresa J. Prosise, dated April 28, 1978 and recorded in Volume 710, Page 479, Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the GRANTEE, GRANTEE'S heirs, executors and administrators, forever. And GRANTOR does hereby bind GRANTOR, GRANTOR'S heirs, executors and administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the said GRANTEE, GRANTEE'S heirs, executors and administrators, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject however, to all restrictions, easements and mineral reservations, if any, which are of record applicable to the property hereby conveyed. The consideration for this conveyance, receipt of which is Shereby acknowledged, is as follows: (1) $10.00 and other valuable consideration paid to GRANTOR for which no lien either expressed or implied is retained. (2) $43,000.00 advanced and paid at the instance and request of GRANTEE by GRANTOR for which GRANTEE has executed a promissory interest bearing note to said GRANTOR, as well as a deed or trust to RICK AKINS, Trustee, to secure the payment thereof, all of even date herewith. retained vandorfs lien th� superior title are specifically 6y GRANTOR against said note and all interest thereon are fully ibed herein until Y Paid. 9REAla48:RZM.28 _ 1 _ ui ri;;!ai 'iECUitUS eoUMTY.TEXA.G C Austin Data Inc. TT ADI1O498 WM 9012894.001 _ EXHIBIT I -VOL 18%?w336 «A„ j Grantee's Nailing Address: 1002 taut Rock Cove i Round Rock, Texas 79664 , Executed this 25 day of April, 1990. I 0 'A rib f / A i A0i BERNARD P. pROSISE, ACTING BY AND THROUGH NIS ATTORNEY-IN-FACT, ENNA B.PROSISE �J BY FNMA B. PROSISE THERESA J. PROSISE"--J i 1 THE STATE OF TEXAS r COUNTY OF WILLIAMSON • This instrument Was acknowledged before me on the day of April, 1990, by EMMA B. BERNARD P. PROSISE. PROSISE, an Attorney-in-pact for i Nota ' tae a Print Nt W CCYY!LtWM l.hN� Commios m_. xpir-ealklool �L-z�-- THE STATE OF TEXAS # COUNTY OF WILLIAMSON r This instrument Was acknowledged before se on the day of April, 19904-by THERESA J PROSISE W.pATlF�%, ��LlG� A�_ =yJy�o�*R�•u4+1 ;. Notary public State of Texas Printed Name -4"t or`*� Commission expires 9REAL148:REAL28,I �" _ 2 _ • r i Austin Data Inc. TT ADI10498 WM 9012894.002 EXHIBIT � YI .G11549PA(.715 EXHIBIT A METES AND BOUNDS DESCRIPTION LOT 10 . .i ALL OF THAT'CERTAIN PARCEL OR TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY IN WILLIAMSON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 115.58 ACRE TRACT OF LAND AS CONVEYED TO GLENN NEANS BY DEED RECORDED IN VOLUME 590, PAGE 680 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID TRACT BEING ALSO KNOWN AS LOT 10, OF AN UNRECORDED SUBDIVISION NAMED "ROUND ROCK E-AST SECTION ONE" AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an Iron pin found in the north r.o.w. line of Gattis School Road at the .southwest corner of that certain 115.58 acre tract of land as described In Volume 590, page 680 of the Deed Records of Williamson County, Texas; THENCE N 040521 W 748.88 feet to An Iron pin set for the southwest corner and PLACE OF BEGINNING hereof; THENCE continuing N 04°521 W 132.50 feet to a point for an angle point hereof; THENCE N 07°441 E 214.68 feet to an Iron pin set for the northwest corner hereof; { THENCE S 89.02► E 594.42 feet to an Iron pin found In the west I r.o.w. line of East Rock Cove- for the Northeast corner hereof; 1 THENCE with the west r.o.w, line of East Rock Cove, 5 0'581 N 345.00 feet to an Iron pin found for the southeast corner hereof; THENCE N 89002' W 606.27 feet to the PLACE OF BEGINNING and containing 4,83 acres of land. AS SURVEYED BY: R,ALP�H HARRIS SURVEYOR P.C. RALPH W. HARRIS REG. PUB. SUR. NO.1729 1406 NETHER . OLPN W.HARR15 AUSTIN, TEXAS 78704 ••:......••• ...... •o-. 1129 :Q APRIL 20, 1987sit, <��••soR�F, NS7:14261.M&D i r�i549PA&E716 EXHIBIT + � g SURVEY PLAT "AT 1.THE UNDERSIGNED.HAVE.THIS DATE,MADE A CAREFUL AND ACCURATE SURVEY OF PROPERTY LOCATED AT NO. Fast Bock Cove IN_ Williamson Co+mty Texae RIM DESCRIBED AS POLLOWS•7 10. Rol= - j 4.83 arrpa ost of the P A Ho1dPT T90Yue in Uilliamson County- T xas I� i AsuaDlYgloH 4T411 i Aman _C(XJW".MXAS, !• `I ACCORDINO TO THE PLAT THERIOP RBCORDED IN PLAT BOOC PACE Of THE PLAT MAP RECORDS COUNTY.TEXAS. BUYER: Wi ihi171L3�SInUP}1P�1 I i • - A y + /O .w•. c:rr�cd�vyrl 4�3./� � � O A%j P.x Ji >L = D 0 I � m � Q h � • I n � • ` 0 CD 0 rn3 1� �.�~/•fit X�9114?w I m o v= C CD m rn t T71L(/ND67tSADlvEDDMMEAMYCfRTTFIro - ANDBUTE2AXD5lLLP.JIAAOr£.n IY Ar7fw THATTRE SURVEY WASrmis fCjEQAYMADE ON THE GROUND Of THEPROPERTYDETCRIAMMEREQNANDISCIORREM ANA TRAT THERE ARE NO LNTCR£PAAClEX C10NfL/CTS,OVERLAPPING OF IMPR01E)WENTS• hSMRLE UTTLTTY r4SENENTS OR ROAD' WA M EXCEPT AS SMWN MUECJV.AND TFLAT SAD)PROPERTY IMSA CCESS TO AND FROM A D£DICA TED ROADWA I EXCEPT AS SROWN mumm.TRLT PROPERTY MAY BE JI MIECT TOA DNA 0SEVENTS OR RES lCTTOA4. i KUMKAaaISWRMOBB.INC.14"Hgbw AMin.TxTt7W� ;'yl N'•��'f� DATE 4/17/87 1NVOIMND-. jj__MORrORDERNO._14� TTS �•. GL SCALP 1 1nn� RA1�}Lj[' iiArriw R.P.S./ 1779 EXHIBIT "A" VOL 955'aGE r EXHIBIT ffi All of that certain parcel or tract of land out of the P.A. Holder Survey in u A ss Williamson County, Texas and being a portion of that certain 115.58 acre tract C1 of land as conveyed to Glenn Neans by Deed Recorded in Vol. 590, Page 680, of the Deed Records, Williamson County, Texas. Said Tract being also known as Lot 11 of an unrecorded subdivision named Round Rock East Section One and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the North r.o.w. line of Gattis School Road at the Southwest corner of that certain 115.58 acre tract of land as described in Vol. 590, Page 680, of the Deed Records, Williamson County, Texas. THENCE N04052'W for a distance of 402.08 feet to an iron pin set for the Southwest corner and PLACE OF BEGINNING hereof THENCE N040 52'W for a distance of 346.80 feet to an iron pin set for the Northwest corner hereof. THENCE S890GIVE for a distance of 606.27 feet to an iron pin set in the West r.o.w. line of East Rock Cove. THENCE with the West r.o.w. line of East Rock Cove, S'0°58'W for a distance of 345.58 feet to an iron pin set for the southeast corner hereof THENCE N88058'30"W for distance of 571.02 feet to the PLACE OF•BEGINNING and containing 4.67 acres of land. L.0 CD rr STATE OF TEXAS COUNTY OF WILLIAMSON CC cO I hereby certify that this Instrument was FILE, U_ on the date and at the time stamped hereon o w by me; and was duly RECORDED, in the Volume w o \- and Page of the named RECORDS of Williamson L4 County, Texas, as stamped hereon by me, on I D E C 7 1933 21 �� COUNTY CLERK or o WILLIAMSON COUNTY, TEXAS I -M ilI''Illili 111,611 !Ill '`' EXHIBIT 19 ..B„ An Analysis of Traffic Impacts for the Proposed Development of East Rock Cove Site Prepared%by City of RoundRock Department of Transportation Services November 14, 2007 OF� qg� 3., MARTIN G'+✓ Rif NSk?8 & DiSi*IYSRY�T(1'i@ 5��.� p@IIR� «w .> G%OGdL4R@4g� e ;52250 ® ` t� Int (37 1 EXHIBIT An Analysis of Traffic Impacts for the Proposed Development of East Rock Cove Site Background The East Rock Cove site under consideration is a 29.77 acre parcel consisting of nine (9) residential lots. The main access to this site is East Rock Cove, a dead-end two lane street, approximately 22-feet in width in a 50' wide right-of-way. Of the nine lots, five have frontage only on East Rock Cove, two have dual frontage on East Rock Cove and A.W. Grimes Blvd., one has dual frontage on East Rock Cove and Gattis School Road, and the final lot has frontage only on Gattis School Road. An aerial photo, showing the arraignment of the existing lots is shown in Attachment"A". The East Rock Cove site was submitted as a Planned Unified District (PUD)for a future mixed use commercial development consisting of retail, restaurant and office components. As require °iii the City's Zoning Ordinance for any zoning change including a PUD, a Traffic Iniac#:iAnalysis (TIA), complying with the requirements the City's Transportation Critenapal (TCM), vas- needed. To address this requirement, the owners of theyrFoperty viirthrtFe EqtRock Cove site hired the firm of John F. Hickman &Associatesio pe orm the SIA K The initial TIA submittal from John F:-Hickman &Associates was received by the City on or about the last week of March'2007. After extensive review, this submittal was returned to John F. Hickman ori April'20, 2007 as unacceptable. A copy of our review is contained in Attachment 'B While th,e Initial,_submittal haa_a-signficant_number ofw.technical.issues,_including-.not complying with ;the requirements.,Tof the TCM, ,the )off =issue in the,TIA was,the proposal to deyelop 530,828 square feet`of builditgs��oh the side `Thb otal'24-hour traffic volume for this size development is 22,083 vehicles per day. A breakdown of these figures is shown in Table 1. Table 1 Proposed Use Building Sq. Footage 24-Hr. Volume(vtpd) Retail 450,000 18,052 Office 55,828 852 Restaurant 25,000 3,179 Total 530,828 22,083 It was felt that this level of development was inappropriate for this particular location and would create significant congestion on both A.W. Grimes Blvd. and Gattis School Road. Additionally, there were concerns that there was insufficient acreage available to construct the 530,828 sq. ft. of development and provide required parking, rights-of-way, easements, setbacks and landscaping. 2 ' EXHIBIT To put the size of development into perspective, at 450,000 sq. ft., the proposed Retail development alone would be approximately 73% larger than IKEA. Further, 24-hour traffic volume for the Retail portion of the proposed development represents a 59% increase in traffic on A.W. Grimes and a 40% increase in traffic on Gattis School Road. After considerable discussions with the land owners and their representatives, it was decided that the consultant would revise the TIA to address some of the concerns previously provided to John F. Hickman & Associates as well a determining applicable traffic volumes to produce a Level of Service (LOS) not worse than a "D" for the intersections of A.W. Grimes Blvd. @ East Rock Cove, A.W. Grimes Blvd. @ Gattis School Road and East Rock Cove @ Gattis School Road. To make this evaluation, it was assumed that the intensity of the development would be decreased to reduce expected trip generation. It was also assumed that the projected traffic volumes on East Rock Cove would be in compliance with requirements of the TCM. During the first week of September 2007, the Supplemental Transportation Analysis was received from the consultant by the Department of Transportation. After review, it was determined that the TIAwas still unacceptable. After several unsuccessful attempts to resolve this problern,Wi,,—John Hickman, this office was directed by the City Manager to complete the,,analysis andrr„ake a determination as to the number of trips that can be feasibly gen ra d by Jhis site, w hoUt crreatirig unreasonable levels of service. a,. ..r F k 4 3 EXHIBIT i „E Analysis In their original TIA submittal, John F. Hickman &Associates noted that the existing East Rock Cove would be expanded to provide connectivity to both A.W. Grimes Blvd. as well as Gattis School Road. It was also noted that East Rock Cove would be classified as a collector street, with 44-feet of pavement within a 65-foot right-of-way. The proposed alignment of East Rock Cove is shown in Attachment"C". In accordance with the criteria noted in Section 1 of the City's Transportation Criteria Manual, East Rock Cove, as proposed, would be classified as a Major Collector Street. By definition, a Major Collector Street "serves as principal access to commercial developments". As also provided in Section 1, Average Daily Traffic (ADT) for this type of street is between 2000 and 6000 vehicle trips per day (vtpd). This range is substantially less than the 22,083 vtpd shown in the original TIA submittal as well as the Supplemental Transportation Analysis submitted by the East Rock Cove Ownership Group's consultant. To allow the most advantageous development of this site, the upper ADT figure of 6000 vtpd was used for this determination. As a check of the applicability of the 6000 vtpd, and without knowing exact uses other than those showtn`tbel lA, a model was.developed to determine the building square footage thatoutd be�allowed cfd the fojlowing blend-of uses without exceeding the 6000 vtpd: Shopping-Gent;general offce and high turnove'*sit-down restaurant. The results of this modeling."' n in Tatii�,2 - Table 2 Proposed Use." =Building Sq.Footage 'r ': 24 Hi:Volume(vtpd) Shopping Gent'er5,086 Office - _ b7220 _.. -- — - _ 282 Restaurant 630 Total 177,881 5,998 Determination of "Building Square Footage" and "24-hour Volumes" were made using information contained in the Institute of Transportation Engineers' (ITE) publication "Trip Generation", 7`r' Edition. To complete this analysis, a LOS determination was required for the intersections of East Rock Cove at A.W. Grimes Blvd. and East Rock Cove at Gattis School Road. To make this determination, recent traffic counts on A.W. Grimes Blvd. and Gattis School Road would be required. In accordance to the Guidelines in the TCM for TIA's development, these counts should have been a part of the TIA submitted by John F. Hickman & Associates; however, this work was not done by this consultant. As a result, a real-time count was made on October 17, 2007 by this office. The results of this count are shown in Attachment"D". Further, it was assumed that the intersection of A.W. Grimes Blvd. at East Rock Cove would be configured as a right-in from A.W. Grimes Blvd. and a right-out from East Rock Cove. At the intersection of Gattis School Road at East Rock Cove would be configured as a right-out from East Rock Cove and right-in and left-in from Gattis School Road. 4 EXHIBIT L Finally, it was necessary to make a further breakdown of the 24-hour traffic volumes produced by the model into entering and exiting traffic volumes for the AM Peak Hour and PM Peak Hour. The resulting traffic volumes are shown in Table 3. Table 3 AM Peak PM Peak Proposed Use Enter Exit Enter Exit Shopping Center 74 48 213 231 Office 78 10 14 71 Restaurant 14 8 15 9 Total 166 66 242 311 Using the Transportation Research Board publication "Special Report 209 — Highway Capacity Manual' and.,;ther information generated above including the real-time traffic volume counts (prorat4d to a build out year of 2008) on A.W. Grimes Blvd. and Gattis School Road, LOS for#he' previously noted.intersections was calculated. The results of these calculations re shown im able 4 Table 4` -4 Intersection AM Peak PM Peak A.W. Grimes Bl"A @ N/A N/A EastRock Cove rt D'(Rt Tu ) C Rf£Tum , "a) r Gattis School Road East Rock Cove `C.(Rt fium)F �fum) While the trips being generated from the East Rock Cove would remain stable (assumed build-out), the traffic volumes on both A.W. Grimes and Gattis School Road should steadily increase at a rate of approximately 3% annually. With these levels of increase, it is expected that the "D" levels of service will degrade to an unacceptable LOS E in a matter of a few years. To address this, an alternative ADT for East Rock Cove was required. A mid-point ADT of 4000 vtpd was chosen. Using this ADT, the 24-hour traffic volumes for the same Land Uses previously evaluated were calculated and are shown in Table 5. Table 5 Proposed Use Building Sq. Footage 24-Hr. Volume(vtpd) Shopping Center 78,963 3,392 Office 38,147 188 Restaurant 1,478 420 Total 118,588 4,000 5 EXHIBIT a a a pu � D As in the earlier analysis, a breakdown of these 24-hour traffic volumes for entering and exiting the site during the AM Peak Hour and PM Peak Hour for the previously assumed Land Uses was calculated. The resulting traffic volumes are shown in Table 6. Table 6 AM Peak PM Peak Proposed Use Enter Exit Enter Exit Shopping Center 50 31 142 154 Office 52 7 10 47 Restaurant 11 9 15 13 Total 113 47 167 214 Based on the data shown in Table 6 and employing the same techniques used previously, LOS for therini4sections of A.W. Grimes Blvd. at East Rock Cove and Gattis School Road at East Rock`Cove were calculated. These LOS are shown in Table 7. Ta Able 7 ,..- Intersection AM Peak PM Peak A.W. Gnmesi%Nd @ N/A N/A East Rock Cotte D(Rt. Tum) C (Rt. Tum) Gattis School RoadC}(Lt Tum) C (Ltf'Tum) East Rock Core __.___ `C(Rt `Tums _ .D_(Rt_?um; Using the 4000 vtpd scenario, two-thirds (2/3) of the intersectional movements were LOS C as opposed to only one-third (1/3) using the 6000 vtpd scenario. Factoring in the anticipated growth of traffic volumes on both A.W. Grimes Blvd. and Gattis School Road, the intersections of A.W. Grimes Blvd. @ East Rock Cove and Gattis School Road @ East Rock Cove should operate at an aggregate Level of Service no worse than a "D" through the foreseeable future. 6 EXHIBIT 'B" Recommendations Inasmuch as this office cannot accurately project the type of development which will be used at this location, it is not possible to assign a type of use for each of the lots, or any combination thereof. Therefore, it recommended that the 24-hour Traffic Generation be used to determine an acreage-based Traffic Generation for each lot. This analysis evaluated traffic impacts for a 24-hour Traffic generation for traffic volumes of both 6,000 vtpd and 4,000 vtpd. Using each of these volumes, a recommended total 24-hour Traffic Generation for each lot was developed. The results for the 6,000 vtpd scenario are shown in Table 8, while the 4,000 vtpd scenario is shown in Table 9. A limiting factor in using this methodology would be the ability to construct a specific sized development on a specific lot, while providing parking, set-backs and landscaping in accordance with City Ordinances. Finally, whatever development use is selected, it will be necessary to evaluate the LOS capacity at the intersections of East Rock Cove at A.W. Grimes and East Rock Cove at Gattis School Road to assure that individual movements do not fall below a LOS D. :�� a Table 8 24-hour Traffic `Lot N0. Acreage(Ac.) Generation(vtpd) 1, 2.38 480 2' 2.55 514 3 467, 941All 4 3L, 5 _ -.-_._4.x.8___.__,. _...._..__842 6 7 _ 2.21 445 8 3.03 611 9 3.71 748 Total 29.77 6000 Table 9 24-hour Traffic Lot No. Acreage(Ac.) Generation(vtpd) 1 2.38 320 2 2.55 343 3 4.67 627 4 4.83 649 5 4.18 562 6 2.21 297 7 2.21 297 8 3.03 407 9 3.71 498 Total 29.77 4000 7 EXHIBIT ..B„ Because of the much improved operation of the intersections of A.W. Grimes Blvd. @ East Rock Cove and Gattis School Road @ East Rock Cove using the a 24-hour total traffic volume of 4000 vtpd, it is recommended that the results shown in Table 9 be used for the proposed East Rock Cove development. To calculate the ultimate square footage of a development on any the lots, the average trip generation rate on a weekday (from the Institute of Transportation Engineers' (ITE) publication "Trip Generation", 7'h Edition) can be used. The factor would be divided into the 24-hour trip generation, with the result being multiplied by 1000 to determine the square footage. For example, the trip generation rate on a weekday for a High-Turnover (Sit-Down) Restaurant is 127.15. Dividing this by the 24-hour Traffic Generation for Lot No.1 above, the result is a building size of 2,517 square feet. However, as noted above, it will still be necessary to include as include parking, setbacks, easements and landscaping to ascertain if this type of;development could be sited on this lot. t f 4 8 EXHIBIT Attachment "A" 9 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. a Y til.m wl'0 w` e u� tabbicV Uf m W N d t 'Attachment "B" }f 11 EXHIBIT Brr 'ROUND ROCK, TEXAS PURPOSE.PASSION. PROSPERITY. April 20, 2007 John F.Hickman/David Greear John F. Hickman & Associates 101 West Sixth, Suite 820 Austin, Texas 787701. Re: Traffic impact Analysis, East Rock Cove Master Plan Dear Mr. Hickman and Greear: Based on our review of the Traffic Impact Analysis (TIA) submitted for the referenced development, the TIA submitted byyourfirm is not acceptable based on the information outlined in the attached comments. On resolution of the identifed comments, this report can be submitted for reconsideration. If you have any questions or require additional information, please contact me at 21 B-5552, Sincerely, Mayor NyleMaxwell MayorPro-tem Thomas G. Martin, P.E. AlanMcGraw Director of Transportation Services CauncilMemhers cc w/encl: Jim Stendebach, Director of Planning Rufus Honeycutt JoeClifford CORR Development Review Committee CarlosT.Sallnas ScottRhode Ted Wllllamson cityManager )amesR.Nuse.P.E. CltyAttorney StephanL.Sheets CITY 0 FROUN D RO CKDErARTmm of TRANspotnATION SERVICES.i Iz Com merceCove•Round Rock.TexaS78664 Phone:512.s+8.5i6rFax:5tz.218_.;zg2•www.cLround=rock.tx.us EXHIBIT a JROUN�. R .TEXASPURPOSE "MOR PROSPERITY TIA Submittal Checklist(Site Plans) TIA Name: East Rock Cove master Plan TIA Date: March 2007 Scope of TIAYes. No N!A Comment Study area(as defined in consultation with staff). ❑ ® El Target year for project build-out ❑ ❑ Trip.Generation Proposed land use by square-footage.for each tractEl El 0 Generation rates based.on Proposed-square footage Daily El Peak hour(AM/PM/other) ❑Q Trip Distribution Percentages for directional distribution ❑ ElSources,of information El Traffic As El El ❑ ❑ Roadway network in study area lexisting and proposed) ❑ El El Driveway s El Z ❑ Traffic Forecast. Existing 24-hour ❑ AM/PM peak,trafficO ® ❑❑ 0 Copies of field data Assumptions;on annual,growth rate or other source of future ® ❑ ❑ background traffic at time of build-out Projected site for 24-hour.® ® ❑❑❑ ❑ Background for 24-hour E Total traffic for. fi 41 ❑ M ❑ ❑ Projected site for AM/P `peak ElBackground forM/ APM peak 0 El Total traffic for_AM/PM peak ❑ � ❑ � Capacity:Analysisfor's reet Intersections and Driveways lntersectioh/roadway geometry(existing and..proposed) E M Adverse impacts which cannot be avoided Transit issues (if applicable) El Traffic Impact Assessment El El Impacts expressed in quantitative terms E❑ D Adverse impacts which cahnotbe avoided El El Transit.issues`(if applicable) ElRecornmen.datlons Roadway improvements 0 0 ❑ Traffic operation modifications Limitation of land use intensity EJ El M Certification Statement ❑ ❑ F1 Page 1 of 5 LB IBIT " ROCK,'CERASIRM ASSfONN PROSEERITI Comments: Study area (as defined in consultation with staff) Study area is not clearly identified in report. The study area should have been defined in consultation with staff. In addition., the study area (exclusive of staff identified elements) should be more comprehensive to include additional intersections and/or driveways adjacent to the site as well as others to demonstrate impacts upstream and downstream A.W. Grimes and Gattis School Road, Target year for proiect build-out • Is 2008 a realistic development horizon for this development? • What happens in 2018, will there be additional development not shown? • Why is the development year of 201:8 included in this TIA without additional significant correlation? Proposed land use by square footage for each tract Summarize or separate trip generation by tract or pad. Sources of information Please include documentation deriving percentages for directional.distribution Roadway network in study area {existing and proposed) • Figure 1 (Site Exhibit) does not identify the study area and intersections as defined in the scope and additional intersections or driveways relative to the site and the study. • Figure 1 (Site Exhibit) does not accurately represent the proposed roadway network within the study area for the target year. This figure does not show the divided medians on A.W. Grimes=or-Gattis School'Road • Figure 1 (Site Plan) should be produced to a usable scale( .e., V" 200'). • Figure 1 (Ste Plan) does not indicate whether driveways/intersections "shown are existing or proposed: • Figure 1 (Site: Plan) does not indicate.the any of the proposed driveways on East Rock Cove. • Figure 1 (Site Plan) should identify proposed development tracts associated with proposed driveways. • Figure 1 (Site Plan) should.identify circulation routes within the site and all driveways bordering to the site should be shown, included and accounted for in the analysis. • Figure 1. (Site Flan) does not reflect the names of surrounding/associated development referenced In the report. • Figure 2 (Gattis School Rd./AW Gripes Blvd. 2006 Intersection Configuration)does not reflect the geometry of the horizon year to show Gattis School Road with the current proposed improvements. As is, this figure is incorrect relative to the right tum movement from westbound Gattis School Road to northbound A.W. Grimes. This movement currently exists as a shared through-right. The preceding comments also apply to Figures:4b, 5bip 6b, 7b. Page 2 of 5 EXHIBIT ROUI`tD ROCK,TEXAS PUPI'M PAMM H MOSPF3 n Roadway network in study area (existing and proposed)-continued • Roadway Design Concepts section of the appendix does not include a typical section referenced in the text(44' of pavement in 65' right-of-way). Recommendations suggest a four-lane alternative to East Rock Cove. Where is the typical section associated with this alternative? • Where is the detail on the roundabout? Appendix has a generic 4 leg roundabout concept, but lacks one speck to this proposal with dimensions. Driveways • Potential issues exist with the intersection of East Rock Cove and Gattis School Road. The left turn istorage for eastbound Gattis School Road to northbound:East Rock Cove is limited by additional intersection constraints immediately west ofthe East Rock Cove intersection. This left turn storage ;is limited to 90 feet. Current proposed left turn volumes equal or exceed the capacity of the design criteria associated with this left tum bay. Because of the aforementioned constraints, this storage capacity cannot be increased significantly now or in the future. • Ultimately, Gattis School Road will become a six lane median divided arterial. At that time, it is unlikely that the-East Rock Cove/Gattis School Road intersection would remain in its proposed configuration and southbound left turns would likely be prohibited at this location if it remain.s un-signalized. A signal at this.location would also be objectionable due to the intersection spacing of 550' with the A.W. Grimes/Gattis School Road intersection. 'Existing 24-hour Please provide:existing 24-hour counts. Counts submitted derived from TxDOT traffic counts from 2002 are unacceptable. 24-hour counts should be the average of three days of counts not including Friday through Monday. AM/PM peak traffic • Please provide current traffic counts. Counts submitted from 912006 do not. reflect potential changes in traffic patterns due to the opening of SH 45..(11/2006). AM/PM counts should be the average of three days of counts not including Friday through Monday. • All 2006 'intersection analysis of A.W. Grimes/Gattis School Road is inaccurate due to intersection geometry configurations coded. Copies of field data Please provide copies of all field data. Assumptions on.annual growth rate or:other source of future background traffic at time of buildout Please include and provide documentation and calculations for the traffic associated with the development located in the northwest quadrant of the A.W. Grimes/Gattis School Road Intersection for inclusion in the TIA. Page 3 of 5 LEXH T JROUND ROCK,TEXAS P IMPOSEAiwOK PAOSPUM Back-ground for 24-hour Please provide background 24 hour projections. Total traffic.for 24-hour Please provide total traffic projections (24 hour projections plus projected site). Proiected site for AMIPM peak Capture reductions are excessive. Current capture reductions for trip generations from the TIA are as follows: Table 'I (ADT vol) Table 3-(;ADT vol) Reduction Office 8.52 800 05% Sit-Down Restaurant 31179 1,721 48%0 General Retail 18;052 11,319 3M As stated in the Transportation Criteria Manual — "Reductions for internal capture, pass-by traffic and transit usage should be discussed with the staff in defining the scope of study and must be Supported by adequate documentation. No reductions in trip rates may be made for driveway turning movements unless it can be documented that certain trips will not use the driveway." Background for AM1PM peak • Please be consistent for any analysis horizon year in clearly identifying background, site, and total traffic for all intersections and driveways addressed. • Background traffic should also address the increases in traffic due to the latent demand associated with the 2007 connection of A.:W. Grimes With FM 1460 at US 79: Total traffic for`AM/PM peak All 200W018 intersection analysis of A.W. Grimes/Gattis School Road is inaccurate due to intersection geometry configurations coded. Intersectionfroadway geometry texistina and proposed) Please provide illustrations for all intersections and driveways associated with this TIA. Adverse impacts which cannot be avoided Specifically address all impacts witch cannot be avoided,those of a Level-of-Service of"D" or worse .Impacts expressed in quantitative terms Deinonstrate/define pro-rata assumptions and calculations for all recommended improvements. Impacts should also address: • Right tum lanes. • Pro rata share of signal installations. Page 4 of 5 EXHIBIT ''ROUND.ROCK TDCAS PURPOSE MSSIOR PROSPER" ROW dedications and utility modifications associated with improvements (turn lanes and traffic signals). Roadway improvements + Suggest reexamination of overall site access considerations with emphasis on the potential loss of the southbound left at the Gattis School Road/East Rock Cove intersectlon and alternative concepts, especially if a four lane section is to be considered. + Also suggest roundabout concept be reexamined. Although aesthetic, the application that is being developed in this plan has no positive value and may be more of a negative considering the connectivity of just two legs. Limitation of land.use.Wensity Limitation Of intensity or change of proposed land use may also be valid in considering:site.access limitations Page 5 of 5 d r N i - 1 B H r - y 7T Yn o mt \ ltlr / A.12. p�.CD�-. ,L `'iI '1.111 III v = O �. pFi - ti«. .w•. . x ^--�,.W...,�.sf ''" •raa° r i o aF ca . o r- nrr°ltr r•ntcn _ZCIVAFM r ;� PROJECT LAYOUT' 7r7 I GATTIS SCHOOL ROAD 0 100 20_0 400 � � J a[µC 1.'•4ee' 9 3 r a�/y� Heeulhs/Sarw ' ;�C�AAA 'r.•w�r.•• a� sralc tdbbi¢5' reo�[crnw ° ICx6 Qir:oi,o] w tounlr cnr y' er wsaN norlc ..._----.............................._-._-_......-.............--............_....-............................................................-..........__-_---.------------------------------- -----------............................_....... .......__ m Do k 00 EXHIBIT a �,.i ..PF Aj Attachment 19 EXHIBIT N D \\B FIGURE 1 Site Exhibit • d a 7 O d b v t a 42.12Acros aat.tta .seheol Road I 'V ago RECORDERS MEMORANDUM A MASTERPLAT I for EAST ROCK GAVE All or part of the text on this page was Fast Rock Cove-Collector Street-44•Wide Pavement-65'ROW not clearly legible for satisfactory 1,527,070 square reet-Buildable Area recordation. F.A.R.-.25-331,767.5 sq.ft. Drive-4n Restaurant Allocation-25,000 sq.ft, Retail Allocation-275,000 sq;ft, Office Allocation-31,767.5 F.A.R.-.40—530,828 sq-ft. Drive-in Restaurant Allocation-25,000 sq.ft. Retail Allocation-450,000 sq.ft. Ofilcc Allocation-55,828 sq.ft. Round Rock.Trxas EXHIBIT N d "B h - ��� £.' ,.5•u� 3�. X"} �' 'amu' � _i _..... t.- ri Attachment "D" 22 EXHIBIT HOUR Gattis School Rd A.W.Grimes Begin EASTBOUND WESTBOUND TOTAL NORTHBOUND SOUTHBOUND TOTAL 10:00 Ann 472 562 _ _ 1034 234 302 536 11:00 AM - . _725 - --- -564 . . 1279---- .... 289 ---. ._.. -312-- 601 --- .---- - --- - ---------- -- -•--- ----------- ------------------ -- ------------------ 12:00 PM 724 590 1314 348 350 698 1:00 PM 666 592 1258 332 370 702 2:00 PM -- 3:00 PM 732 646 1378 484 414 898 4:00 PM 1050---- ..__ _699---- -----1749,.._ -- "805 .504• '- 1309 . . .. ........ ... --- -•-- -- -- - - ••---- -- - -- - --- ----- ----...---. ------- ---------•=•------ 5:00 PM 1199 $94 2093 1084 574 1658 ----------- -------=- ------ -------•--------- ----..- -------- --------4 -------•- ------._:._._..... 6:00 PM ....................--1087 751 1838 759 87 1246 7:00 PM 538 1426 466366 832 8:00 PM 632 324 956275 266541 9:00 PM -- -- - -218- -704 264 ---- .. •202. .. 10:00 PM .._,2 _ .... - 121 ..-. --- 365 .... ._...186 - •--- -116 ---- 301...._ 11:00 PM ---• -5� --.. . ...._._..- - - • - - -- ............... .......... ...................................... 12:00 AM 84 51 136 62 32 94 1:00 AM -- -'43--------- -------- 6 --- ------7$ --- ................... .......... 2:00 AM .......3I --- ........ 9................4s--... ------ZO----- -------14 _. 34: ._.. ------------- -------• --- -----_------------ ------------------- ------------------ -------------•---- 3:00 AM 22 19 41 22 26 48 .4:00 AM ----2$ •--- .......8.0------ --------- --- 108----- ............... 46 .......AM ----- 93- ----- - - - 8_ ... .-- 3'i9-- -----'62----- ------1�- -- ------------------ 5:00216:00 AM ...422. .474- ---- 896 - - 206-- - - - 515 - -- 721... 7:00 AM5$6 904 1489 308 04 111412 .................. ........... ....... .:.. :._.....-- -----------•---•-- -•-.--•-- ........ ........:......... 8:00 AM, 611 916 1427 3809 1174 - -- - 6 (1...... ....-'i09 ...- ---- .. 9:00 AM' 4 ' --•- -_,-- --- - -----....6 ........ 4�2 664 TOTAL 11982 j 10478 22460 7376 7848 - - 15223 ORAND TOTAL FOR APPROACHES = 37683 N Lot WCAD ACREAGE 24 hr TRAFFIC Generation (vtpd) 1 R071631 2.38 320 AY 2 R071632 2.55 343 3 R071641 4.67 627 4 R321997 4.83 649 1 inch equals 300 feet 5 R071639 4.18 562 6 R324375 2.21 297 7 R071638 2.21 297 Total 1 23.03 3095 EXHIBIT m 7 n 6 NOTE: If the area of any lot changes, vehicle trips will be calculated on a pro-rated basis, as determined by The City of Round Rock 5 Transporation Services Department. 4 0 w LU 3 U � Y O U O U) D w 1 2 D c� m m M r[ o m GATTIS SCHOOL RD TFFM COTTONWOOD CT �z O Ct -p File.O�\Wo rkspaces_GI S1+m nd y_works pace\+Clyde\rAYbE RLUND_B&W.mxd Printing Date:Friday,April 04.2008 7:20 AM EXHIBIT AGR 2007104747 „D„ 8 PGS EASEMENT AGREEMENT Date: 2007 Party Granting Easement ("Grantor"): Larry E. Reavis and Nancy L. Reavis, as to Lot 7 of the Servient Estate and Larry Wigginton, as to Lot 6 of the Servient Estate Grantor's Address: Party Receiving Easement("Grantee"): Nicky E. Inman, Elenor Stark, Michael L. Pavlik and Anna L. Paviik Family Trust, Dan jLq,ng, Wilburn F. Hackebiel and Annie H. Hackebiel, and Billy J. Killion and Rosa Le �`� o' n Grantee's Address: Property Owned by Grantor ("Servient Estate"): TRACT ONE 6.69 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO LARRY J.WIGGINTON AND WIFE V.ANN WIGGINTON IN THAT DEED DATED JULY 23,198 1,RECORDED IN VOLUME 845,PAGE 264,OFFICIAL RECORDS,WILLIAMSON COUNTY,TEXAS,ALSO REFERRED TO AS LOT 6,EAST ROCK COVE. SAVE AND EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2001088103, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS. TRACT TWO 4.45 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO NANCY L. REAVIS AND LARRY E. REAVIS IN THAT DEED DATED OCTOBER 7, 1.996, RECORDED IN DOCUMENT NO. 9854037, OFFICIAL RECORDS,WILLIAMS ON COUNTY,TEXAS,ALSO REFERRED TO AS LOT 7,EAST ROCK COVE. SAVE AND EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF ROUND ROCK IN DOCUMENT NO. 2002000800, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS. Property Owned by Grantee ("Dominant Estate"): TRACT ONE 4.42 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A_ AOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS .AND BEING THE SAME PROPERTY AS CONVEYED TO THE MICHAEL L.AND ANNA L PAVLIK FAMILY TRUST, MICHAEL L. PAVLIK, TRUSTEE, ANNA L. PAVLIK, TRUSTEE IN THAT DEED DATED 1 • EXHIBIT • N . d a D � II D tl MARCH 28, 2001, PUBLIC RECORDED IN DOCUMENT NO. 2001.021234, ().� , CIAL RECORDS,'W'II LIAMSON COUNTY,77XAS,AT-S O R ET RR.ED TO AS LOT 8,E ST ROCK. COVE. TRACT 7'WO 4.18 ACRES OF LAND, MORE OR LESS, OLT.L' OF T TI F P.A.. H.OL.DER SURVTY, ABSTRACT NO. 297; IN WILLIAMSON COUNTY, TEXAS ANT) BEING THE SAME PROPERTY AS CONVEYED TO DAN VITRUONG IN THAT DEED DATED APRIL 15,19,A), RECORDED IN VOLUME 1895, PAGE 335, DEED RECORDS , WTL L1:AMSON COT_INTY, TEXAS,ALSO REFERRED TO AS LOT 9,EAST ROCK COVE?. TRACT THREE 4.83 ACRES OF LAND, MORE OR. LESS, OUT OF THE P.A. HOLDER. SUR.VIFY, .AT3STRACT 140. 297, IN W11LLAMSON COUNTY, '11-'XAS' AND BEING17i,11 S.AM I�' PROPERTY AS CON'V YFD T{)WIL BURN FF.H ACKF?t RIL.W TH'A'I'DEED DA.TED.A.I'141.1 30, 1987, RECORDED IN VOLUME, 1549, PAGE 714, DIED RECORDS , WILLIAM:SON COUNTY,TEXAS,ALSO REFERRED TO AS L.OT 10,FAST ROCK COVE_.. TR A CT FOX.IR 4.97 ACRES OF LAND, MORE OR LESS, ()'UT OF TRE.. P.A. HOIDER STJRVI Y, ABSTRACT NO. 297, 1N W1IS..TAMS0N COT.)N'l"Y, TEXAS AND BITING 'ITP S.AMF PROPERTY AS CONVEYED TO BILLY J. KIL,L.ION AND WIFE,, R.OSA LFF KILLION IN THAT DEED DATED DECEMBER 1, 1983,RECORDED IN VOLUME 955,VAGE 544,I�i F?]) R1 CORDS , V MJJA.MSON COUNTY, TEXAS, AI SO RFFERRF...D '.TO AS 1,0'1' 11., T:AST ROCK.COVE;. l'RACT FIVT? 2.44 ACRES OF LAND, MORE OR LESS OUT OF'I'l-IF P.A. 1-I01-I)ER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY,TEXAS AND BEING THE SAM1 PROPERTY AS CONVEYED TO NICK E. INMAN IN THAT DEED DATED FEBRUARY 20, 1997 RECORDED DOCLIMEN'i'NO.9707751 OFFICIAL.RECORDS, WILLIAMSON COUNTY TEXAS ALSO REFERRED TO AS LOT I EASTROCK COVE EXCEPT TIIA'I' PORTION AS CONVEYED TO THE PUBLIC IN VOLUME 1422, PAGE 446 2.55 ACRES OF LAND, MORE OR. LESSOU ' OF '11M V.A. HOLERRV(- , ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING T.NE SAMJs PROPERTY AS CONVEYED TO FLOYD E. STARK.AND WIFE,ELENORA E. STARK W THAT DEED DATED JUNE 7, 1978, RECORDED IN VOLUME 715, PAGE 304, I:EMT) RECORDS,WILI•IAMSON COUNTY,'.I3'XAS,AT SO 1t1 R.RI:D TO AS LOT 2,i?A.S']'ROGY COVE. Description Of Easement ("the Easement"): The Easement, over and across the Servient Estate, is more particularly described as follows: A tract of real property sixty feet in width with a centerline running from the point 30 feet to the north of the point: 2 L XHIBIT "D" at which the lot line between Lot 6 and Lot 7 of the Servient Estate intersects East Rock Cove and running to the point 30 feet south of the intersection of the lot fine between Lot 6 and Lot 7 with S. A. W. Grimes Blvd. RECITAL OF FACTS 1. Grantors and Grantees all desire to facilitate the future construction of a dedicated public street which runs over and across the Easement. 2. They have reached agreement upon the terms and conditions for the construction of the street and its dedication to the public and desire to memorialize their agreement. AGREEMENT Creation Of Easement 1. Each Grantor, for a good and valuable consideration receipt of which is acknowledged, grants, sells and conveys the portion of the Easement which is located on their portion of the Servient Estate to Grantee. Grantor also grants a temporary construction easement which extends fifteen feet on either side of the Easement which shall be used only during actual construction of the Public Street along the Easement and shall terminate upon completion of such construction. Purpose of Easement 2. The Easement shall be used exclusively for the construction and dedication of a public street ("Public Street") with the Public Street intersecting East Rock Cove and S. A. W. Grimes Blvd. The Easement may be used by contractors, surveyors, engineers, and other professionals retained by Grantee and Grantor to assist in construction of the Public Street. Until construction of the Public Street is complete, the Easement may not be used by Grantee for access to or from East Rock Cove and S. A. W. Grimes Blvd. The purpose of the Easement is to facilitate construction of the Public Street and not to provide egress or ingress to any party, other than as specifically provided herein. Duration of Easement 3. The Easement is perpetual and shall be appurtenant to the Dominant Estate; however the Easement shall terminate upon dedication of the Public Street. No additional action or documentation shall be required to terminate the Easement other than dedication of the Public Street. Setback Along The Easement 4. All construction on the Servient Estate prior to dedication of the Public Street shall be set back from the Easement as though the Public Street were constructed and in compliance with all ordinances of the City of Round Rock, Texas. 3 EXHIBIT a a 11D11 Modification Of Easement 5. If the City of Round Rock does not require a sixty foot wide right-of-way for the Public Street,the parties to this Agreement agree to modify the Easement to reduce its width to the minimum required by the City of Round Rock for the Public Street. If the.City of Round Rock requires an adjustment to the location of the Easement, the parties agree that the Easement may be moved up to five feet to the north or the south as required by the City of Round Rock. All parties to this Agreement agree to execute any documents required to modify the Easement. Exclusiveness of Easement 6. Except as provided below, the easement, rights, and privileges granted herein are nonexclusive and are in common with the right of Grantor to continue to use the Easement as long as such use does not unreasonably interfere with Grantee's use of the Easement. Maintenance of Easement 7. Grantor shall continue to mow and otherwise maintain the Easement prior to construction of the Public Street. Construction of Public Street 8. When the City of Round Rock consents to the construction of the Public Street,the parties shall select a certified appraiser mutually acceptable to Grantor and Grantee to appraise the value of the property within the Easement. Grantor shall be paid an amount calculated by multiplying the appraised value of the land within the Easement by a fraction whose numerator is the total number of square feet contained in all of the land owned by the Grantee within the East Rock Cove Subdivision (the"Subdivision)in Round Rock,Williamson County,Texas, and whose denominator is the total number of square feet owned by both Grantor and Grantee in the Subdivision. Each Grantee, Successor,or Assigns shall be responsible for his pro rata portion of the amount payable to Grantor based upon the ratio of the land area of each Grantee to the total amount of land area owned by all Grantees. A. If a party is required to retain legal counsel and incur other expenses to enforce this agreement and is successful in any litigation initiated under this agreement, such party shall be entitled to collect reasonable attorneys fees and other expenses. 4 EXHIBIT a "D" D No Merger of Estates 9. If the Easement is created by Grantor prior to conveyance of the Dominant Estate to Grantee, the Easement shall not merge with the estate owned by Grantor in the Dominant Estate. Entire Agreement 10. This instrument contains the entire agreement between the parties relating to the Easement and the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shalt be of no force or effect. Binding Effect 11. This Agreement shall bind and inure to the benefit of the respective parties, their heirs, personal representatives, successors, and assigns. Executed on August S1h ' 2007. Grantor: Larry E. flea y LL� 5�1 P, ifcy L. Ra is *MicaielCL- vlik Anna Pavlik Family Trust By: nna av ik, rustee Grantee: ick E. Inman 5 E"EIBIT D11 enor tar arty Ig ton U anong CV WilbumF. Ha—cK—eSi—el cuepe\\� rinse H. Hackbie) ) V k\ L I y I n ID Rosa Lee—Killion STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this qday of: �[ 2007, by Larry E. Reavis and Nancy L. Reavis. .�` JO COMM No PU lid-, tate of exas FMy COMMISSION EXPIRES ...... { F*"2Z 2010 6 :IBIT b s - -STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this V) day of � , 2007, by Larry Wigginton. JO COCKBURN r u MY COMMISSION EXPIRES Fiowjy 22,2010 to Publl , 9tate of Texas STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before rile this day of �, 2007, by Nick E. Inman. +` JO CaCKBURN l My COMMISSION EXPIRES y b c, State o Texas FeWM 2Z 2010 STATE OF TEXAS COUNTY OF WILLIAMSON This instrurrQ�ent was acknowledged before me this 3y day of , 2007, by Ere—no,Stark. /%'J� / ,�"��% •., CARLA REED Notary Public.State of Texas ` My Commission Expires Notary Public, timate of Texas 3+, ��v0 February 09,2008 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this _\�_ day of , 2007, by Michael L. Pavlik and Anna L. Pavlik as Trustee of the Anna L. av I Family Trust. a Pu ic, Stafe of Texas JD COCKBURN =F MY COMMISSION EXPIRES FAMary 22,2010 7 EXHIBIT 'D IITII STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of , 2007, by Dan Trong'r\�Wl KBURN {"} MY COMMONFJlP1RES F&M 2Z 2010 nt Pu Ic, t o Texas-- STAT OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this& day of � 2007, by Wilburc�F. Hackebiel and Annie H. Hackebie' N•.•N. 'f�t�c, JOCOCKBURN _ MY COMMISSION EXPIRES �ot b Ic, e-of Texas '`' Fe V&72Z201D STA OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of �= , 2007, by Billy J. Killion and Rosa Lee Killion. JO COCKBURN a 6- 1V MY COMMISSION EXPIRES o ru IIc, State of Texas i:a>bwy22,2010 Y FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007104747 12/19/2007 04:12 PM SURRATT $45.75 NANCY E. RISTER, COUNTY CLERK LQ 0 WILLIAMSON COUNTY, TEXAS C, h'14y/ -7�lv�� EXHIBIT D" 0 100 200 Fee 8 7 9 6 10 5 11 1 2 3 4 DATE: May 2, 2008 SUBJECT: City Council Meeting— May 8, 2008 ITEM: 9132. Consider an ordinance zoning 23.09 acres of land known as East Rock Cove to Planned Unit Development (PUD) No. 80 zoning district. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The site is a portion of an unrecorded subdivision which contains lots ranging from 2-4 acres in size. The PUD contains six of the original eleven lots in the unrecorded subdivision. A previous request for C1-a (General Commercial — Limited) and OF (Office) zoning for the East Rock Cove properties was withdrawn by the applicants prior to the September 20, 2006 Planning and Zoning Commission meeting. At that time, a PUD (Planned Unit Development) was recommended by City staff. Because proposals by the property owners' transportation consultant did not adequately address the potential for significant traffic congestion on Gattis School Road and A.W. Grimes Boulevard, the City's Transportation Services Department prepared an analysis to determine the maximum number of traffic trips the site could be allowed to generate. The PUD proposes commercial, office and senior housing land uses, to be limited by the total amount of traffic generated for the site. A widening and extension of East Rock Cove, the public street which provides access to the site, will be required to provide an intersection with A.W. Grimes Boulevard unless the lots within the PUD are consolidated so that access is provided directly to Gattis School Road or A.W. Grimes Boulevard. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The site was annexed in July of 2006. The Planning and Zoning Commission recommended approval of the proposed zoning at their April 9, 2008 meeting. Public Comment: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on April 9, 2008. No comments were received at the hearing. Ordinance No. Z-08-05-08-9B2 Zoning 23.09 acres to PUD No. 80 AFTER RECORDING,PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET ROUND RoCK,TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008036906 05/12/2008 01:44 PM CMCNEELY $272.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS