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Z-08-07-24-9C1 - 7/24/2008ORDINANCE NO. 1 - - ( - 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 3.03 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 81. WHEREAS, the City of Round Rock, Texas has recently annexed 3.03 acres of land out of the P.A. Holder Survey, Abstract No. 297 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 18th day of June, 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. 81, and WHEREAS, on the 24th day of July, 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\080724C1.DOC/rmc 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. 81 meets the following goals and objectives: (1) The development in PUD No. 81 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 81 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 81 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. 81 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. 81 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 H. 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. 81, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 81 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. M. 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 , 2008. ATTEST: (E)k11/1/4- SARA L. WHITE, City Secretary AMCGRAW, Mayor City of Round Rock, Texas 4 Exhibit "A" Legal Description Field notes attached. Tract acreage Save and Except acreage 4.449 original lot 1.32 dedicated for R.O.W 0.10 dedicated for R.O.W. 3.029 existing lot EXIIIBIT "A" CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR 4A49 ACRES OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILIIAMSON COUNTY, TEXAS BEING THE SAME TRACT RECORDED IN VOL. 763 PG. 613 OF THE WIL LIAMSON COUNTY, TEXAS OFFKIAL RECORDS. SAID TRAGI' BEING IDT 7 OF ROUND ROCK EAST, AN UNRECORDED SUBDIVISION. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pin found at the Northwest corner of a 15 acre tract conveyed to Hugh Noel in Vol. 877 Pg. 105 of the Williamson County, Texas Official Records, also being on the South line of a 152.25 acre tract conveyed to Carl Forsman in Vol. 128 pg. 456 of the Williamson County, Texas Official Records for the Northeast corner of said Lot 7 and the POINT OF BEGINNING. THENCE S 05° 35' 41" E with the West line of said 1.5 acre tract, 43526 feet to an iron pin found being the East common corner of said Lots 7 and 6 for the Southeast corner of this tract. THENCE S 750 45' 00" W with the common line of Lots 7 and 6, 58633 feet to an iron pin found on the East R.O.W. of East Rock Cove as recorded in Vol. 743 Pg. 349 of the Williamson County, Texas Official Records for the Southwest corner of this tract. THENCE with the East line of Fast Rock Cove the following three (3) courses: 1) N 010 31' 01" E, 23.28 feet to an iron pin found at a point of curve to the right. 2) Along said curve to the right whose elements are Delta= 45° 29' 32" , R= 3537, L= 28.08 whose chord bears N 23° 17' 23" E, 2735 feet to an iron pin _found at a point of reverse curve. Along said curve to the left whose elements are Delta= 106° 28' 01", R= 50.00, L= 92.91 whose chord bears N 07" 00' 06" W, 80.11 feet to an iron pin found at the South common corner of said Lot 7 and Lot 8. THENCE N 38° 24' 42" E with the common line of said Lots 7 and 8, 55030 feet to an iron pin found at the North common corner of said Lots 7 and 8, also being on the South line of said 152.25 acre tract. THENCE N 84° 13' 48" E with the South line of said 152.25 acre tract, 183.22 feet to the POINT OF BEGINNING and containing 4.449 acres more or Tess. I hereby certify that the foregoing field notes were .• 4.• . from a survey on the ground, under my supervision and are true and corre �!WO wf my knowledge and belief. '�P ,Gi'3`• `r'E 9 s -F i * HERMAN CRICHTON w.�ww \'prQ s� �arO y' ;Fsst° •', Witness my t and seal Sept 24, 1996 Herman Crichton, R.P.L. . 4046 1.32 Acre Right -of -Way P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT A FNI895R1 December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 1.32 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.32 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/4 -inch iron rod found in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the south common corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas, and said Tract 7, for the southeast corner of the tract described herein; THENCE with said common line of said Tract 6 and said Tract 7, S 73° 05' 51" W, a distance of 137.26 feet to a 1/2 -inch iron rod with cap set for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common comer of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 449.18 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears N 06° 53' 42" W, a distance of 456.08 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document 2000006981of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest corner of the tract described herein from which a %2 -inch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 986.13 feet; THENCE with the common line of said 150 acre tract and said Tract 7, N 81° 36' 23" E, a distance of 124.75 feet to a calculated point for the northeast corner of the tract described herein from which a %2 -inch iron rod found in said south line, and being the northeast comer of said 1.50 acre tract bears N 81° 36' 23" E, a distance of 154.40 feet; THENCE with the common line of said 1.50 acre tract and said tract 7, S 08° 16' 15" E, pass at a distance of 0.39 feet a '/2 -inch iron rod found, in all a total distance of 435.61 feet to the POINT OF BEGINNING and containing 1.32 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS: That 1, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7th day of December, 2000 A SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 1 of 2 is : el R. Hatcher Reg'.tered Professional Land Survey No. 4259 - State of Texas LIMITED PARTNERSHIP 150 ACRES ° 36'23"E1LY FORSMAN C LED 11 it tJ8t24.75` DOC.. 2000006981 0 .PP R W.C.TX- --- j 581' OB6.13. / / TRACT 8 / li 11 EXHIBIT — N81. 36'23"E - 154.40-----�`— —SEE DETAIL A TRACT 7 0� \N TRACT 9 `N m1in NANCY L. REAVIS AND i LARRY E. REAVIS CALLED 4.45 ACRES 1 DOC. No. 9654037 C1 O.R.W.C.TX. P.A. HOLDER SURVEY A-267 ROUND ROCK EAST AN UNRECORDED SUBDIVISION c r'1 m01 V1 c1z0—I 0000 mof0 N2 r*1� C P1 m1 --,m0 0 -m z NOTES: DETAIL A DETAIL NOT TO SCALE TRACT 6 DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"•100' 0 50 100 HUGH NOEL CALLED 1.50 ACRES DOC. No. 9652164 w O.R.W.C.TX. N v1 — ill II 11 II II II LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH GROUND UNDER MY DIRECTION ANO SUPERVISION AND THA THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 01 III i76., AIT M L R. HA CHE REG TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS L J )2j ( OA 4029 Capital o1 Teras Highway, So. INC. Brodie Oaks Professional Plaza, Suite 125 Austin. Texas 78704 (512) 447-0575 Fax (512) 326-3029 E A l i -qB Illi A-02° 7'33" 1 R-11399.16' 1 T-228.08' L-456.11' CB -N06° 53'42"W C°456.08' LEGEND a CONCRETE MONUMENT SET G CALCULATED PONT o Va IRON ROO SET W/CAP UNLESS NOTED • %s" IRON ROD FOUND UNLESS NOTED t 3 RECORD INFORMATION P.o.s. PONT OF BEGINNING Pae PONT OF COMMENCNG FIF IRON R00 FOUND rF RON PPE FOUND OPR.Y.Gir. OFFIIO/L PUBLIC RECORDS WLLIAMSON COUNTY, TEXAS OFPICUL RECORDS WLLIAMSON COUNTY, TEXAS PR.r.ttr. PLAT RECORDS WLLIAMSON COUNTY, TEXAS oR_W.GT.. 00E0 RECORDS WLLMMSON COUNTY. TEXAS RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND, LARRY E. REAVIS PAGE 2 OF 2 REF. FIELD NOTE NO. 1895R1 f 0.10 Acre Slope and Public Ut, Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED' IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision for the west common corner of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of438.99 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 457.62 feet through a central angle of 02° 18' 08", having a radius of 11389.16 feet, and whose chord bears N 06° 53' 23" W, a distance of457.59 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document No. 200000698 lof the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest comer of the tract described herein, from which a V2 -inch iron rod found in said south line and being the north common comer of Tracts 8 and 9 of said unrecorded subdivision bears S 810 36' 23" W, a distance of 976.13 feet; THENCE with said common line of said 150 acre tract and said Tract 7 N 81° 36' 23" E, a distance of 10.00 feet to a 1/2 -inch iron rod with cap set for the northeast corner of the tract described herein from which a 'A -inch iron rod found in said south line and being the northeast corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 81° 36' 23" E, a distance of 274.40 feet; THENCE crossing said Tract 7 with the arc of a curve to the right a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears S 06° 53' 42" E, a distance of456.08 feet to a 1 /2 -inch iron rod with cap set in the common Iine of said Tract 6 and said Tract 7 for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common corner of said 1.50 acre tract of land, and said Tract 7 bears N 73° 05' 51" E, a distance of 137.27 feet; Page 1 of 3 0.10 Acre Slope and Public Ut`, , `'Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas it a a EXHIBIT FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 THENCE with said common line of said Tract 6 and said Tract 7 S 73° 05' 51" W, a distance of 10.19 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7th day of December, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 2 of 3 41. �!_a.//lgle c ael R. Hatcher Re istered Professional Land Surveyor No. 4259 - State of Texas FORSMAN FAMILY LIMITED PARTNERSHIP I CALLED 150 ACRES 1 _ DOC. No. 2000006981 , N$1° 36'23'E 1 1 O.P.R.W.C.TX• ; i 10.00' I 1 DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY. TEXAS SCALE V -100' 50 100 �•.w i�976.t3_—_ / / / / // TRACT 7 / / / / / / — TN NN NNNNNN NNN TRACT 9 N.. TRACT 8 NANCY L. REAVIS AND LARRY E. REAVIS Cl CALLED 4.45 ACRES DOC. No. 9654037 O.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION A•02° 8'08" R•11389.16' T-228.84' L•457.62' CB -N06° 53'23"W C•457.59' A-02° 17'33" R-11399.16' T • 228.08 L -456.11' CB -S06° 53'42"E C•456.08' NOTES: $ m zA0D 0„ V) z 0 00 20 aj 0 m0 0 o�e0 N 7c (0 (71 <-+m0 o --m z a EXHIBIT NAN —11i 274.40' N61.36'23 E 11 11 11 11 11 11 11 0.10 ACRE\t\ (1 10' 11 11 11 ARTERIAL B �1j RIGHT-OF-WAY II C2 11 P.A. HOLDER SURVEY I A-267 1 1 - �y7�Z %i3.yE - 1� 7RF �1 1019 W 1111 • i I 11 11 11 11 11 II Q II 11 11 11 Il 111 1 11 11 TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6 69 ACRES BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. VOL. 845 PAGE 264 D.R. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND TH THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MI H R. HATCH R ATE` REGIS ERE() PROFESSIONAL LANG SURVEYOR NO. 4 59, STATE OF TEXAS 4029 Capital of Texas Highway, So. INC. Brodie Oaks Professional Plaza. Suite 125 Austin. Texas 78704 (512) 447-0575 Fax: (512) 325-3029 LEGEND D CONCRETE MONUMENT SET • ''/s^ PPE FOUND UNLESS NOTED O t/x IRON 1200 SET W/CM UNLESS NOTED • Va IRON R00 FOUND UNLESS NOTED t I RECORD !FORMATION P.O.D. PONT OF BEGINNING P.o.c. PONT OF COMMENCING ■e IRON ROO FOUND 'r R0N PPE FOUND OPR.T.C.T., OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS OR•.C.r., OFFICIAL RECORDS WLLIANSON COUNTY. TEXAS PR•.C.T.. PLAT RECORDS WILLIAMSON COUNTY, TEXAS DR•.C.T.. DEED RECORDS WLLIAiSON COUNTY. TEXAS RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND LARRY E. REAVIS PAGE 3 OF 3 REF. FIELD NOTE NO. 1894R DEVELOPMENT PLAN REAVIS REHABILITATION - EAST ROCK COVE PLANNED UNIT DEVELOPMENT NO. 81 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 Larry and Nancy Reavis, 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 3.03 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 June 18, 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: EXHIBIT nBn 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 1I.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 3.03 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 Office (OF) zoning district 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 6. PERMITTED USES The following uses are permitted. 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. Office 6.2. Office, Medical 6.3. Physical, speech and occupational therapy rehabilitation facilities, including, but not limited to, the following uses designed to serve rehabilitation clients: • Speech and occupational therapy treatment rooms • Gymnasium • Fitness center • Swimming pool • Dance, Pilates or yoga studio 6.4. Retail Sales and Services, as accessory uses to the rehabilitation facility described in 6.3 above: • Medical equipment • Medical clothing • Specialty pharmacy • Orthotics and prosthetics The following uses shall have no dedicated entrances from the outside of the building they are located in: • Medical supplements and herbs • Juice/ snack bar • Dance, Pilates and yoga supplies 6.5. Utilities and Wireless Transmission Facilities • Utilities, Minor, according to the conditions of 11.423(27)(a) 4 • Utilities, Intermediate, according to the conditions of 11.423(27)(b) • Wireless Transmission Facilities, Attached, according to the conditions of 11.423 (31) • Wireless Transmission Facilities, Stealth, according to the conditions of 11.423(31) 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. • Emergency medical services 8. DEVELOPMENT STANDARDS 8.1. Signs • All free standing business use signs on the Property 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, in accordance with Section 3.1400 of the Code. 8.2. Setbacks • Rear or Side Setbacks abutting the northern Property line shall be 10 feet. • Setbacks abutting the southern Property line shall be measured from the northern boundary of the roadway easement described in 9.2 below and from the southern Property line, whichever is closer. If the roadway easement is not converted to right-of-way and the easement abandoned, the setbacks shall instead be measured solely from the southern Property line. 9. TRANSPORTATION 9.1. The Transportation Services Director has waived the requirement for a Traffic Impact Assessment. 9.2. The Owner, along with owners of adjacent tracts of land, entered into an easement agreement for the potential extension of East Rock Cove from its current terminus east to A. W. Grimes Boulevard. The right-of-way for the potential extension of East Rock Cove includes a portion of the Property, as generally described on Exhibit 5 "B". The easement agreement is attached as Exhibit "C". 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. 6 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Potential Roadway Extension Exhibit "C" Easement Agreement Exhibit "A" Legal Description Field notes attached. Tract acreage Save and Except acreage 4.449 original lot 1.32 dedicated for R.O.W 0.10 dedicated for R.O.W. 3.029 existing lot EXHIBIT "A" CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR 4.449 ACRES OUT OF THE PA HOLDER SURVEY ABSTRACT NO. 297 IN W1 UJAMSON COUNTY, TEXAS BEING THE SAME TRACT RECORDED IN VOL 763 PG. 613 OF THE WILi7AMSON COUNTY, TEAS (*MAL RHCDRDS. SAID TRACT BEING IDT 7OF ROUND ROCS EAST, AN UNRECORDED SUBDIVISION. SAID TRACT BEING MORE PARTICULARLY DEED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pin found at the Northwest corner of a 1.5 acre tract conveyed to Hugh Noel in Vol. 877 Pg. 105 of the Williamson County, Texas Official Records, also being on the South line of a 152.25 acre tract conveyed to Carl Forsman in Vol. 128 pg. 456 of the Williamson County, Texas Official Records for the Northeast corner of said Lot 7 and the POINT OF BEGINNING. THENCE S 05° 35' 41" E with the West line of said 1.5 acre tract, 43526 feet to an iron pin found being the East common corner of said Lots 7 and 6 for the Southeast corner of this tract. THENCE S 75° 45' 00" W with the common line of Lots 7 and 6, 58633 feet to an iron pin found on the East R.O.W. of East Rock Cove as recorded in Vol. 743 Pg. 349 of the Williamson County, Texas Official Records for the Southwest corner of this tract. THENCE with the East line of Fast Rock Cove the following three (3) courses: 1) N 01° 31' 01" E, 23.28 feet to an iron pin found at a point of curve to the right. 2) Along said curve to the right whose elements are Delta= 45° 29' 32" , R= 3537, L= 28.08 whose chord bears N 23" 17' 23" E, 2735 feet to an iron pin -found at a point of reverse curve. 3) Along said curve to the left whose elements are Delta= 106° 28' 01", R= 50.00, L= 92.91 whose chord bears N 070 00' 06" W, 80.11 feet to an iron pin found at the South common corner of said Lot 7 and Lot 8. THENCE N 38° 24' 42" E with the common line of said Lots 7 and 8, 55030 feet to an iron pin found at the North common corner of said Lots 7 and 8, also being on the South line of said 152.25 acre tract. THENCE N 84° 13' 48" E with the South line of said 152.25 acre tract, 183.22 feet to the POINT OF BEGINNING and containing 4.449 acres more or Tess. I hereby certify that the foregoing field notes were •. r.. from a survey on the ground, under my supervision and are true and come eth® W. �f my knowledge and belief. � P..' c3 TE•`..4. 0% ttk HERMAN CRICHTDN 06Q y eiCEsstot/Ao Witness my and seal Sept 24, 1996 Herman Crichton, R.P.L. 4046 1.32 Acre Right -of -Way P.A. Holder Survey, Abstract No. 267 Williamson County, Texas 1 EXHIBIT A DESCRIPTION OF A 1.32 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.32 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/4 -inch iron rod found in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the south common corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas, and said Tract 7, for the southeast corner of the tract described herein; THENCE with said common line of said Tract 6 and said Tract 7, S 73° 05' 51" W, a distance of 137.26 feet to a 1/2 -inch iron rod with cap set for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common comer of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 449.18 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears N 06° 53' 42" W, a distance of 456.08 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of Iand described in the deed to Forsman Family Limited Partnership as recorded in Document 2000006981 of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest corner of the tract described herein from which a 1/2 -inch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 986.13 feet; THENCE with the common line of said 150 acre tract and said Tract 7, N 81° 36' 23" E, a distance of 124.75 feet to a calculated point for the northeast corner of the tract described herein from which a 1/2 -inch iron rod found in said south line, and being the northeast corner of said 1.50 acre tract bears N 81° 36' 23" E, a distance of 154.40 feet; THENCE with the common line of said 1.50 acre tract and said tract 7, S 08° 16' 15" E, pass at a distance of 0.39 feet a '/z -inch iron rod found, in all a total distance of 435.61 feet to the POINT OF BEGINNING and containing 1.32 acres of land, more or less. FN 1895R 1 December 4, 2000 SAM, Inc. Job No. 99105-20 Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7th day of December, 2000 A SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 1 of 2 el R. Hatcher Reg'.tered Professional Land Survey No. 4259 - State of Texas • NOTES: FORSMAN • • • • • FAMILY LIMITED PARTNERSHIP CALLED 150 ACRES DOC. No. 2000006981 0C006981 SBt• �g86.13� / 36'23"W -. J / -1)I / TRACT 8 • • • • TRACT 9 N`, I i N81° 36'23"E 1 12435 11' 1 It of NI 01 ii 1I EXHIBIT T Ir N0j54 403_ E SEE DETAIL A TRACT 7 0l / Ian mi mi NANCY L. REAVIS AND z LARRY E. REAVIS CALLED 4.45 ACRES 1 DOC. No. 9654037 C111 O.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION P.A. HOLDER SURVEY A-267 1 V. ANN WIGGINTON DETAIL A OETAJL NOT TO SCALE 449 ,gam-- 5�3�p5,5C�W� ^J TRACT 6 LARRY WIGGINTON AND WIFE, CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.T X. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. N O o w 1 DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"•100' 0 50 100 HUGH NOEL CALLED 1.50 ACRES DOC, No. 9652164 O-R-W,C,TX. U+ i 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH. GROUND UNDER MY DIRECTION AND SUPERVISION AND THA THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. _ mss_ r:.►�..► M L R. HA CHE REG TERED PROFESSIONAL LANG SURVEYOR NO. 4259, STATE OF TEXAS IA 1 i ' 06) • 11 A -02i7'3 " 1 R-11399.163 11 T-228,08' L-456.11' I 1 CB -N06° 53'42"W II C-456.08' II II LEGEND ■ CONCRETE MONUMENT SET • CALCULATED POINT o %i` IRON ROO SET W/CAP UNLESS NOTED • Viz" IRON ROO FOUND UNLESS NOTED a 1 RECORD INFORMATION AAA, PONT OF ErEGNT1NG Pox, PONT OF COMMENCING es IRON ROD FOUND w ' RON PPE FOUND OPRW,C.1 . OFFICIAL PUBLIC RECORDS WLLIAMSON COUNTY, TEXAS ORW.C.T . OFFICIAL RECORDS WLLIAMSON COUNTY, TEXAS PR.W C.T.. PLAT RECORDS WLLIAMSON COUNTY, TEXAS OR.°.0-T.- DEED RECORDS WLLIAMSON COUNTY, TEXAS SAM SURVEYING•A=RIA MAPPING -ENGINEERING 4029 Capital of Texas Highway, So_ INC. Brodie Oaks Professional Plaza, Suite 125 Austin, Texas 78704 (512) 447-0575 Fax: (512) 326-3029 RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND, LARRY E. REAVIS PAGE 2 OF 2 REF. FIELD NOTE NO. 1895R1 0.10 Acre Slope and Public Ut, , Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas b D EXHIBIT FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED' IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision for the west common corner of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of438.99 feet; THENCE crossing said Tract 7 with the arc of a curve to the Left a distance of 457.62 feet through a central angle of 02° 18' 08", having a radius of 11389.16 feet, and whose chord bears N 06° 53' 23" W, a distance of457.59 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document No. 2000006981 of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest corner of the tract described herein, from which a 1A -inch iron rod found in said south line and being the north common comer of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 976.13 feet; THENCE with said common line of said 150 acre tract and said Tract 7 N 81° 36' 23" E, a distance of 10.00 feet to a 1/2 -inch iron rod with cap set for the northeast corner of the tract described herein from which a %2 -inch iron rod found in said south line and being the northeast corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 81° 36' 23" E, a distance of 274.40 feet; THENCE crossing said Tract 7 with the arc of a curve to the right a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears S 06° 53' 42" E, a distance of 456.08 feet to a 1/2 -inch iron rod with cap set in the common line of said Tract 6 and said Tract 7 for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common corner of said 1.50 acre tract of land, and said Tract 7 bears N 73° 05' 51" E, a distance of 137.27 feet; Page 1 of 3 • 0.10 Acre Slope and Public Ut,. Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT II T FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 THENCE with said common line of said Tract 6 and said Tract 7 S 73° 05' 51" W, a distance of 10.19 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7th day of December, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 2 of 3 Ad. ..f. /LAW is ael R. Hatcher Re:istered Professional Land Surveyor No. 4259 - State of Texas I 50 FORSMAN FAMILY LIMITED PARTNERSHIP 1 CALLED 150 ACRES I DOC. No. 2000006981. N81.36'23.1 11 0.P.R.W.C.TX. ; ; 10.00 1 I --- N81. 36'23" E 274.40' --% I 1 1 1i11 / 11 i 11 0.10 ACRE 1 DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"-100' 100 581'36_23'I_ TRACT 8 TRACT 9 `.. / // TRACT 7 / / / / EXHIBIT 2 N T N NANCY L. REAVIS AND LARRY E. REAVIS C1 CALLED 4.45 ACRES DOC. No. 9654037 ROUND ROCK EAST O.R.W.C.TX. AN UNRECORDED SUBDIVISION A-0218'08" R-11389.16' T•228.84' L•457.62' C84406° 53'23"W C-457.59' x•02 °17'33" R-11399.16' T•228.08 L•456.11' CB•S06° 53'42"E C-456.08' NOTES: m 3304, V) 02 • 0-1 000 X mo�0 0050 N x rn z-+rn0 c r2.4/< z vrn P.A. HOLDER SURVEY 009' ___.-- 513 u 5,3,p 11 10' 11 11 11 ARTERIAL 8 11 RIGHT -OF -WAY --1 C2 11 1 A-267 e• I '1 II 11 II 11 II 11 11 TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6 BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. .69 ACRES VOL. 845 PAGE 264 D.R. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND TH THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Mt H • T R. HATCH R REGIS ERED PROFESSIONAL LAND SURVEYOR NO. 4 59, STATE OF TEXAS l s SURVEYING•AERIAI MAPPING.ENGINEERING 4029 Capilai a( Texas Highway, So. INC. Brodie Oaks Professional Plaza, Suite 125 Austin, Texas 70704 (512) 447-0575 Fax: (512) 3263029 LEGEND O CONCRETE MONUMENT SET o 'h" PPE FOUND UNLESS NOTED O Ye IRON ROO SET W/CAP UNLESS NOTED • Ye IRON ROO FOND UNLESS NOTED t ) RECORD NFORUATION P.O.e. PONT OF BECININI9G P.O.C. PONT OF COMMENCNC Pr IRON ROO FOUND IN- IRON PPE FOUND OPRr.C.t.. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS ORL.C.f . OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS PR..C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS oR•.C.T . DEED RECORDS WILLIAMSON COUNTY, TEXAS RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND LARRY E. REAVIS PAGE 3 OF 3 REF. FIELD NOTE NO. 1894R Reavis East Rock Cove PUD Roadway Easement Location of Easement is Approximate 1 " equals 80 feet Date: EXHIBIT C -- EASEMENT EASEMENT AGREEMENT , 2007 1111111111 aca 8 PGS 2007104747 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 Wilburn F. Hackebief and Annie H. ,Hackebiel, and Billy J. Killion and Rosa Le `KjItion NosWat\ 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, TN 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, FEXAS. 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. REAMS 1N THAT DEED DA CED 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, 01. iCAL PUBLIC RECORDS, WTLLIAMSON COUNTY, TEXAS. Property Owned by Grantee ("Dominant Estate"): TRACT ONE 4.42 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. POLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING TRE SAME PROPERTY AS CONVEYED TO THE MICHAEL L. AND ANNA L PAVLIK FAMILY TRUST, MICHAEL L. PAVLIK, TRUSTEE, ANNA L. PAVL 1K, TRUSTEE .IN THAT DEED DATED 1 EXHIBIT MARCH 28, 2001, .PUBLI.0 RECORDED IN .DOCUMENT NO. 2001021234, 0.1DICIAL. RECORDS , WILLIAMSON COUNTY, TEXAS, AT.S O REFERRED TO AS LOT 8, EAST ROK COVET. TRACT IVO 4.18 ACRES OF LAND, MORE OR LESS, our OF 'ITIE P.A.. HOLD.BR SURVEY, ABSTRACT NO. 297; IN WILLIAMSON COUNTY, TEXAS AND .BEING TIIE SAME PROPERTY AS CONVEYED TO DAN VITRUONG IN THAT DEED DATED APRIL.. 15, 1990, . RECORDED IN VOLUME 1895, PAGE 335, DEED RECORDS , WILLIAMSON COUNTY, TEXAS, ALSO REFERRED TO AS LOT 9, EAST ROCK COVE. TRACT T1WET3 4.83 ACRES OF LAND, MORE OR. LESS, OUT OF THE PA HOLDER. SURVEY', ABSTRACT NO. 297, IN WILLIAMSON COUNTY, 'TEXAS ANI.) BEING 'J'HE: SAME: PROPERTY AS CONVEYED TO WILBU.RN F. H ACKIT..BE11 N THAT DEED DATED .AI'R.1.I:. 30, 1987, RECORDED IN VOLUME 1549, PAGE 714, DEED RECORDS , WILLIAM:SON COUNTY, TEXAS, ALSO .REFERRED TO AS LOT 10, FAST ROCK COVE. TRACT FOUR 4.97 ACRES OF LAND, MORE OR LESS, OUT OE THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WIILTAMSON COUNTY, TEXAS. AND BRING TRE, SAME PROPERTY AS CONVEYED TO BILLY J. KT.T..LION ANI) WIFE, ROSA LEE KILL ION .IN THAT DEED DA 1'1 I) DECEMBER 1, 1983, RECORDED IN VOLUME 955, PAGE 544, DEED RECORDS , WIJLIA.MSON COUNTY, TEXAS, ALSO REFER TO AS LOT 11, .EAST ROCK. COVE_ 'I.':RACT FIVE 2.44 ACRES OF LAND, MORE OR LESS OUT OF THE P.A. BOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO NICK E. INMAN IN THAT DEED DATED FEBRUARY 20, 1997 RECORDED DOCUMENT NO. 9707751 OFFICIAL. RECORDS, WILLIAMSON COUNTY TEXAS ALSO REFERRED TO AS LOT I EAST ROCK COVE EXCEPT THAT PORTION AS CONVEYED TO THE PUBLIC IN VOLUME )422, PAGE 446 2.55 ACRES OF LAND, MORE OR LESS, ()l.I'1' O1' 11 -IE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO FLOYD E. STARK. AND WIFE, ELENORA E. STARK IN THAT DEED DAlltD JUNE 7, 1978, RECORDED IN. VOLUME 715, PAGE 304, DEET.) RECORDS, WI LIAMSONCOIJNTY,'11XAS,AI S0REFERRED 'TO AS I.OT2, r;A.S'1 R.0ry 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 et 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 tine 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 Alonq 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 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 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. Sinding 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 , 2007. Grantor: QaIncy L. a is a4, --r.„, M is ae7 L. vlik Anna Pavlik Family Trust nna Pav ik, trustee 1 Grantee: 5 v"" EXHIBIT D 9 an fong'1(.U WilburrIF. Rackebiel t'ucvc 6\ Arinie H. Hackbiel V\easi._ .:\ Rosa ee ' it ton STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me thist qday of %) f 2007, by Larry E. Reavis and Nancy L. Reavis. ` 111 No34i Pu.1IC, —tate of exas 6 -STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this ,) day of, .Vk 2007, by Larry Wigginton. Publi , tate of Texas JO COCKBURN MY COMMIS5ION EXPIRES f bnta,lr 22, 2010 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this day of acL\ez.\aL, 2007, by Nick E. Inman. c, State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON This instrumr�ent was acknowledged before me this 3 day of a'"lj 2007, by Efehor,Stark. Notary Pub ie of Texas ..ai;% ,, CARCA REED Notary Public. State of Texas x+t `` My Commission Expires I°ectuory 09, 2008 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this \\ day of ,-"•)V\ , 2007, by Michael L. Pavlik and Anna L. Paviik as Trustee of the AnnaV.,Z1 vIk Family Trust. 7 EXHIBIT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me thisY day of 2007, by Dan Trong. -c o Pulc,—too exas STAT OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this 2007, by WilburnF. Hackebiel and Annie H. HackebieY c, - e o Texas STA OF TEXAS COUNTY OF WILLIAMSON day of JO COCXI JRN MY COMMISSION EXPIIES February 22, 2010 This instrument was acknowledged before me this 2007, by Billy J. Killion and Rosa Lee Killion. y u.itc, State of Texas lt._yk,LC/ ° 180-7Yi r11111ST`, r24) (A-rz l 2 71-1 (pV JO COCI®URN MY COMMISSION EXPIRES Febnwty 22, 2010 day of uS 8 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007104747 12/19/2007 04:12 PM SURRATT ;45.75 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS EXHIBIT a 0 100 200 Fee 8 7 9 6 10 5 11 1 2 3 4 DATE: July 15, 2008 SUBJECT: City Council Meeting—July 24, 2008 ITEM: 9C1. Consider an ordinance zoning 3.03 acres of land on East Rock Cove, known as Reavis Rehabilitation, to Planned Unit Development (PUD) No. 81 zoning district. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Clyde von Rosenberg, Senior Planner Justification: Land uses on the parcel are limited to a physical, speech and occupational therapy, rehabilitation facility and office uses. The facility may include treatment rooms, a gymnasium, swimming pool and other ancillary uses, designed specifically for rehabilitation clients. In addition, retail sales and services accessory to the rehabilitation facility, including sale of medical equipment, medical supplements and juices and snacks are allowed. Access to the site will be from A.W. Grimes Boulevard. A potential future extension of East Rock Cove, from its current terminus to A.W. Grimes Boulevard, is part of an easement agreement between the owner and the adjacent property owners. The roadway easement crosses a portion of the southern boundary of the site. The PUD specifies that setbacks shall be measured from the northern boundary of the easement. In addition, signs on the site must be monument signs, as specified by the City's sign regulations. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This action would apply zoning to the site for the first time since the property was annexed into the City. The Planning and Zoning Commission recommended approval of the proposed zoning at their June 18, 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 June 18, 2008 RECORDED DOCUMENT FOLLOWS 11 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1111111 IIII 37O"PGS 2008059175 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 -08-07-24-9C1 which zones 3.03 acres of land on East Rock Cove , known as Reavis Rehabilitation, to PUD No. 81, which was approved and adopted by the Round Rock City Council at a regular meeting held on 24th day of July 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 25th day of July 2008. 2vviv. R,CititE SARA L. WHITE, City Secretary ORDINANCE NO.1 - OS - ( - 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 3.03 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 81. WHEREAS, the City of Round Rock, Texas has recently annexed 3.03 acres of land out of the P.A. Holder Survey, Abstract No. 297 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 18th day of June, 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. 81, and WHEREAS, on the 24th day of July, 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\080729CI.DOC/rmc 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. 81 meets the following goals and objectives: (1) The development in PUD No. 81 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 81 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 81 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. 81 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. 81 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 H. 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. 81, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 81 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 210 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 , 2008. ATTEST: 514/4/4 SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 4 Exhibit "A" Legal Description Field notes attached. Tract acreage Save and Except acreage 4.449 original lot 1.32 dedicated for R.O.W 0.10 dedicated for R.O.W. 3.029 existing lot EXHIBIT "A" CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR 4.449 ACRES OUT OF THE PA HOLDER SURVEY ABSTRACT NO. 297 IN WILIIAMSON COUNTY, TEXAS BEING THE SAME TRACT RECORDED IN VOL. 763 PG. 613 OF THE WILLIAMSON COUNTY, TEXAS OFFICIAL REGARDS. SAID TACT ICK` IDT 7 OF ROUND ROCK EAST, AN UNRECORDED SUBDIVISION. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS_ BEGINNING at an iron pin found at the Northwest corner of a 1.5 acre tract conveyed to Hugh Noel in Vol. 877 Pg. 105 of the Williamson County, Texas Official Records, also being on the South line of a 152.25 acre tract conveyed to Carl Forsman in Vol. 128 pg. 456 of the Williamson County, Texas Official Records for the Northeast corner of said Lot 7 and the POINT OF BEGINNING. THENCE S 05° 35' 41" E with the West line of said 1.5 acre tract, 435.26 feet to an iron pin found being the East conunon corner of said Lots 7 and 6 for the Southeast corner of this tract. THENCE S 75° 45' 00" W with the common line of Lots 7 and 6, 58633 feet toan iron pin found on the East R.O.W. of East Rock Cove as recorded in Vol. 743 Pg. 349 of the Williamson County, Texas Official Records for the Southwest corner of this tract. THENCE with the East line of Fast Rock Cove the following three (3) courses: 1) N 01° 31' 01" E, 23.28 feet to an iron pin found at a point of curve to the right. 2) Along said curve to the right whose 3537, L= 28.08 whose chord bears N -found at a point of reverse curve. Along said curve to the left whose 50.00, L= 92.91 whose chord bears N found at the South common corner of said elements are Delta= 45° 29' 32" , R= 23° 17' 23" E, 2735 feet to an iron pin elements are Delta= 106° 28' 01", R= 07" 00' 06" W, 80.11 feet to an iron pin Lot 7 and Lot 8 THENCE N 380 24' 42" E with the common line of said Lots 7 and 8, 550.30 feet to an iron pin found at the North common corner of said Lots 7 and 8, also being on the South line of said 152.25 acre tract. THENCE N 84° 13' 48" E with the South line of said 152.25 acre tract, 183.22 feet to the POINT OF BEGINNING and containing 4.449 acres more or Tess. I hereby certify that the foregoing field notes were ground, under my supervision and are true and corre belief. Witness my and seal Sept 24, 1996 Herman Crichton, R.P.L. . 4046 from a survey on the WO f my knowledge and HERMAN CRICHTON Zoe 046—QY;i 1.32 Acre Right -of -Way P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT A FNI895R1 December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A L32 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.32 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/4 -inch iron rod found in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the south common corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas, and said Tract 7, for the southeast corner of the tract described herein; THENCE with said common line of said Tract 6 and said Tract 7, S 73° 05' 51" W, a distance of 137.26 feet to a 1/2 -inch iron rod with cap set for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common comer of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 449.18 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears N 06° 53' 42" W, a distance of 456.08 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document 2000006981of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest corner of the tract described herein from which a 1/2 -inch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 810 36' 23" W, a distance of 986.13 feet; THENCE with the common line of said 150 acre tract and said Tract 7, N 81° 36' 23" E, a distance of 124.75 feet to a calculated point for the northeast corner of the tract described herein from which a 1/2 -inch iron rod found in said south line, and being the northeast corner of said 1.50 acre tract bears N 81° 36' 23" E, a distance of 154.40 feet; THENCE with the common line of said 1.50 acre tract and said tract 7, S 08° 16' 15" E, pass at a distance of 0.39 feet a '/2 -inch iron rod found, in all a total distance of 435.61 feet to the POINT OF BEGINNING and containing 1.32 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7`h day of December, 2000 A SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 1 of 2 is : el R. Hatcher Reg'.tered Professional Land Survey No. 4259 - State of Texas NOTES: F ORSMAN FAMILY LIMITED PARTNERSHIP ACRES I i N81° 36'23"E CALLED 2000006981 ` i 1° 36'2 DOC. No. w.C.TX. 86.13' — — /1! 58T•36'23..N—.J\-9 // 1 / I / °1 // o l //TRACT u \ TRACT 8 / o1 If / /// TRACT 7 / \ 31 - 0I -I m mi NANCY L. REAVIS AND m LARRY E. REAVIS CALLED 4.45 ACRES DOC. No. 9654037 C11 O.R.W.C.TX. ROUND ROCK EAST AN UNRECORDED SUBDIVISION TRACT 9 • \ ii 11 EXHIBIT 11 A I1 we 36.23"E •_—_ 164.40__-- SEE — I DETAIL A P.A. HOLDER SURVEY A-267 m z27oD m0-� 0 Z0� 000 m0*0 Lnzm0 CEl3min 340 0 Z �m DETAIL A 0 0, 0. �� • DETAIL NOT TO SCALE 4A9'113, --- TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED 8Y DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"-100' 0 50 100 HUGH NOEL CALLED 1.50 ACRES DOC, No. 9652164 OR.W.C.TX. 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH. GROUND UNDER MY DIRECTION AND SUPERVISION AND THA THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. //. / / _ . M L R. HA CHE REG TERED PROFESSIONAL LANG SURVEYOR NO. 4259, STATE OF TEXAS D 4029 Capital of Texas Highway, So. INC- Brodie Oaks Professional Plaza, Suite 125 Austin, Teras 78704 (512) 447-0575 Fax (512) 326-3029 E C1 A-02° 17'33" R-11399.16' T-228.08' L-456.11' CB -N06° 53'42"W C-456.08' LEGEND B CONCRETE MONUMENT SET n CALCULATED POMIT O %i IRON R00 SET W/CAP UNLESS NOTED • %z" RON R00 FOUND UNLESS NOTED 4 3 RECORD ,FORMATION ram POINT Of BEGRIMING P.O.C. PONT OF COMMENCING S ir RON ROO FOUND FP RON PIPE FOUND 0P LC,Ta. OFFICW. PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS OR11.C.T:. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P.R.r.C.T . PLAT RECORDS WILLIAMSON COUNTY, TEXAS O.R.W.C.T.. DECO RECORDS MAMMON COUNTY, TEXAS RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND, LARRY E. REAVIS PAGE 2 OF 2 REF. FIELD NOTE NO. 1895R1 I • 0.10 Acre Slope and Public Ur, , Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED' IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 6 of said subdivision, as conveyed to Lany Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the southwest comer of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision for the west common corner of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 43 8.99 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 457.62 feet through a central angle of 02° 18' 08", having a radius of 11389.16 feet, and whose chord bears N 06° 53' 23" W, a distance of 457.59 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document No. 2000006981 of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest comer of the tract described herein, from which a 1/2 -inch iron rod found in said south line and being the north common comer of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 976.13 feet; THENCE with said common line of said 150 acre tract and said Tract 7 N 81° 36' 23" E, a distance of 10.00 feet to a 1/2 -inch iron rod with cap set for the northeast corner of the tract described herein from which a '/2 -inch iron rod found in said south line and being the northeast comer of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 81° 36' 23" E, a distance of 274.40 feet; THENCE crossing said Tract 7 with the arc of a curve to the right a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears S 06° 53' 42" E, a distance of 456.08 feet to a 1 /2 -inch iron rod with cap set in the common line of said Tract 6 and said Tract 7 for the southeast comer of the tract described herein, from which a 1/4 -inch iron rod found for the south common comer of said 1.50 acre tract of land, and said Tract 7 bears N 73° 05' 51" E, a distance of 137.27 feet; Page 1 of 3 0.10 Acre Slope and Public Ut`.._ , 'Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT A II FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 THENCE with said common line of said Tract 6 and said Tract 7 S 73° 05' 51" W, a distance of 10.19 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and: supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7"' day of December, 2000 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page 2 of 3 A/; .# t./,iil_> ael R. Hatcher Re • istered Professional Land Surveyor No. 4259 - State of Texas FORSMAN FAMILY LIMITED PARTNERSHIP 1 CALLED 150 ACRES DOC. No. 2000006981 11481. 36'23"E 1111 0.P.R.W.C.TX. i ; 10.00' 1+�1 _------ _--Na-1. 36' I —E 11 274.40' 23" _ r� _ DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"-100' 50 100 N TRACT 9 `. EXHIBIT IIA" 976.13' / 581' 36•23"W --- _ N — / TRACT 8 / / TRACT 7 / / / / / NANCY L. REAVIS AND LARRY E. REAVIS Cl CALLED 4.45 ACRES DOC. No. 9654037 ROUND ROCK EAST O.R.W.C.TX. AN UNRECORDED SUBDIVISION La -02'18'08" R-11389.16' T•228.84' L•457.62' CB -N06° 53'23"W C-457.59' 46•02° 17'33" R-11399.16' T-228.08 L-456.11' CB -S06° 53'42"E C-456.08' NOTES: Z V a o4,(/) n ZO-1 0 Xl p0 mo 0 00070 N7cm� -lAO < - -4m0 o--ICTI z P.A. HOLDER SURVEY 438.99 ��l O - 57 35'n`� . 05.51" 5 TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R BEARINGS ANO COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND TH THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MI R. HATCH R AT REGIS ERED PROFESSIONAL LAND SURVEYOR NO. 4 59, STATE OF TEXAS 11 11 I1 11 11 11 11 0.10 ACRE ►II II Io' II II 11 ARTERIAL 8 /111I RIGHT-OF-WAY II C2 11 i LEGEND ▪ CONCRETE MONUMENT SET O Yr" PPE FOUND UNLESS NOTED o IA" NON R00 SET W/CAP UNLESS NOTED • '/ IRON R00 F0UN0 UNLESS NOTED t I RECORD INFORIAATION o.O.e. PONT or BEGINNING p.o.e. PONT OF CO,IIAENCNG IRON R00 FO(N1D. pt IRON PPE FOUND OPA-.C.T.. OFFICIAL PUBLIC RECORDS WLLIAMSON COUNTY, TEXAS OALC.Ta OFFICIAL RECORDS WLLINASON COUNTY, TEXAS PA -.CT., PLAT RECORDS WLLIAMSON COUNTY, TEXAS OALC-T.. DEED RECORDS WLIUWSON COUNTY, TEXAS SAM SURYEYING•AERIAL NAPPING•ENGINEERING 4029 Capital of Texas Highway, So. INC. Brodie Oaks Professional Plaza, Suite 125 Austin, Texas 78704 (512) 447-0575 Fax: (512) 326-3029 RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND LARRY E. REAVIS PAGE 3 OF 3 REF. FIELD NOTE NO. 1894R DEVELOPMENT PLAN REAVIS REHABILITATION - EAST ROCK COVE PLANNED UNIT DEVELOPMENT NO. 81 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 Larry and Nancy Reavis, 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 3.03 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 June 18, 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 EXHIBIT 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 1I.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 I.n 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 IL 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 3.03 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 Office (OF) zoning district 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 6. PERMITTED USES The following uses are permitted. 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. Office 6.2. Office, Medical 6.3. Physical, speech and occupational therapy rehabilitation facilities, including, but not limited to, the following uses designed to serve rehabilitation clients: • Speech and occupational therapy treatment rooms • Gymnasium • Fitness center • Swimming pool • Dance, Pilates or yoga studio 6.4. Retail Sales and Services, as accessory uses to the rehabilitation facility described in 6.3 above: • Medical equipment • Medical clothing Specialty pharmacy • Orthotics and prosthetics The following uses shall have no dedicated entrances from the outside of the building they are located in: • Medical supplements and herbs • Juice/snack bar • Dance, Pilates and yoga supplies 6.5. Utilities and Wireless Transmission Facilities • Utilities, Minor, according to the conditions of 11.423(27)(a) 4 • Utilities, Intermediate, according to the conditions of 11.423(27)(b) • Wireless Transmission Facilities, Attached, according to the conditions of 11.423(31) • Wireless Transmission Facilities, Stealth, according to the conditions of 11.423(31) 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. • Emergency medical services 8. DEVELOPMENT STANDARDS 8.1. Signs • All free standing business use signs on the Property 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, in accordance with Section 3.1400 of the Code. 8.2. Setbacks • Rear or Side Setbacks abutting the northern Property line shall be 10 feet. • Setbacks abutting the southern Property line shall be measured from the northern boundary of the roadway easement described in 9.2 below and from the southern Property line, whichever is closer. If the roadway easement is not converted to right-of-way and the easement abandoned, the setbacks shall instead be measured solely from the southern Property line. 9. TRANSPORTATION 9.1. The Transportation Services Director has waived the requirement for a Traffic Impact Assessment. 9.2. The Owner, along with owners of adjacent tracts of land, entered into an easement agreement for the potential extension of East Rock Cove from its current terminus east to A. W. Grimes Boulevard. The right-of-way for the potential extension of East Rock Cove includes a portion of the Property, as generally described on Exhibit 5 "B". The easement agreement is attached as Exhibit "C". 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. 6 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Potential Roadway Extension Exhibit "C" Easement Agreement Exhibit "A" Legal Description Field notes attached. Tract acreage Save and Except acreage 4.449 original lot 1.32 dedicated for R.O.W 0.10 dedicated for R.O.W. 3.029 existing lot EXHBIT "A" CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR 4A49 ACRES OUT OF THE PA. HOLDER SURVEY ABSTRACT NO. 297 IN WI[IIAMSON COUNTY, TEXAS BEING THE SAME TRACT RF.ODRDED IN VOL. 763 PCI 643 OF THE WILUAMSON COUNTY, TEXAS CFFICIAL RECORDS. SAID TRACT .BEING LOT 7 OF ROUND ROCK EAST, AN UNRECORDED SUBDIVISION. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pin found at the Northwest corner of a 1.5 acre tract conveyed to Hugh Noel in Vol. 877 Pg. 105 of the Williamson County, Texas Official Records, also being on the South line of a 152.25 acre tract conveyed to Carl Forsman in Vol. 128 pg. 456 of the Williamson County, Texas Official Records for the Northeast corner of said Lot 7 and the POINT OF BEGINNING. THENCE S 05" 35' 41" E with the West line of said 1.5 acre tract, 435.26 feet to an iron pin found being the East common corner of said Lots 7 and 6 for the Southeast corner of this tract. THENCE S 75° 45' 00" W with the common line of Lots 7 and 6, 58633 feet to an iron pin found on the East RO.W. of East Rock Cove as recorded in Vol. 743 Pg. 349 of the Williamson County, Texas Official Records for the Southwest corner of this tract. THENCE with the East line of East Rock Cove the following three (3) courses: 1) N 01° 31' 01" E, 23.28 feet to an iron pin found at a point of curve to the right. 2) Along said curve to the right whose elements are Delta= 45° 29' 32" , R= 3537, L= 28.08 whose chord bears N 23° 17' 23" E, 2735 feet to an iron pin -found at a point of reverse curve. 3) Along said curve to the left whose elements are Delta= 106° 28' 01", R= 50.00, L= 92.91 whose chord bears N 07° 00' 06" W, 80.11 feet to an iron pin found at the South common corner of said Lot 7 and Lot 8. THENCE N 38° 24' 42" E with the common line of said Lots 7 and 8, 550.30 feet to an iron pin found at the North common corner of said Lots 7 and 8, also being on the South line of said 152.25 acre tract. THENCE N 84° 13' 48" E with the South Line of said 152.25 acre tract, 183.22 feet to the POINT OF BEGINNING and containing 4.449 acres more or Tess. I hereby certify that the foregoing field notes were .. r.. from a survey on the ground, under my supervision and are true and corre .!o},® Fb..f my knowledge and belief. i r ••.• -4- 4G o;u,l:: HERMAN CRICHTON q��4046Q ��.► o y�+;ess►o: A Witness myt}an i� and seal Sept 24, 1996 Herman Crichton, R.P.L. . 4046 1.32 Acre Right -of -Way P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT A FN 1895R1 December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 1.32 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 1.32 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/4 -inch iron rod found in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the south common corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas, and said Tract 7, for the southeast corner of the tract described herein; THENCE with said common line of said Tract 6 and said Tract 7, S 73° 05' 51" W, a distance of 137.26 feet to a 1/2 -inch iron rod with cap set for the southwest comer of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision, same being the west common comer of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of 449.18 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears N 06° 53' 42" W, a distance of 456.08 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document 2000006981of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest corner of the tract described herein from which a 'A -inch iron rod found in said south Iine and being the north common comer of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 986.13 feet; THENCE with the common line of said 150 acre tract and said Tract 7, N 81°36' 23" E, a distance of 124.75 feet to a calculated point for the northeast corner of the tract described herein from which a'A-inch iron rod found in said south line, and being the northeast corner of said 1.50 acre tract bears N 81° 36' 23" E, a distance of 154.40 feet; THENCE with the common line of said 1.50 acre tract and said tract 7, S 08° 16' 15" E; pass at a distance of 0.39 feet a 'A -inch iron rod found, in all a total distance of 435.61 feet to the POINT OF BEGINNING and containing 1.32 acres of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7th day of December, 2000 A SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 Page I of 2 lc : el R. Hatcher Reg tered Professional Land Survey No. 4259 - State of Texas NOTES: FORSMAN FAMILY LIMITED PARTNERSHIP CALLED 150 ACRES i i NSi234675?��E II I DOC. No. 2000006981 11 O.P.R. _ ___1 581.36'23"W _�986.13__— // 1 / I /// 3;1 TRACT TRACT 8 // / TRACT 7 / TRACT 9 s•N EXHIBIT IIT N81° 3613"E SEE DETAIL A 01 NI vl �I �I P5 m1 NANCY L. REAVIS AND ; LARRY E. REAVIS 5 1 CALLED 4.45 ACRES DOC. No. 9654037 C1 1 O.R.W.C.TX. P.A. HOLDER SURVEY A-267 ROUND ROCK EAST AN UNRECORDED SUBDIVISION 0 OD e m 111 DETAIL A DETAIL NOT TO SCALE 4408.- - 573, pg gY�R— TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH. GROUND UNDER MY DIRECTION AND SUPERVISION AND THA THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"-100' 0 50 100 HUGH NOEL CALLED 1.50 ACRES DOC. No. 9652164 O.R.W.C.TX. EJ+ 0) -. M L R. HA CHE REG TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS DA E I j '0,0 •-•• C1 I I A-02°17'33" 17'33" 11 R-11399.16' T-228.08' L-456.11' C8 -N06° 53'42"w C-456.08' LEGEND O CONCRETE MONUMENT SET • CALCULATED PONT O W IRON ROO SET IT/CAP ("LESS NOTED • %a" RON R00 FOUND UNLESS NOTED I I RECORD *FORMATION e.oNG .o.c POINT PONT OF CF COMMENCING Pr ROW ROD FOUND PC RON PPE FOUND OPRY.C.T..OFFCLIt. PUBLIC RECORDS WILLIAMSON COUNTY. TEXAS ORe.LT.. OFFICIAL RECORDS WLLIAMSON COUNTY, TEXAS PRr.C.7x. PLAT RECORDS WLLLWSON COUNTY, TEXAS 8.R V.C.T.. DEED RECORDS WILLIAMSON COUNTY, TEXAS SAM SURVETING•AERIAL MAPPING -ENGINEERING 4029 Capital of Texas Highway, So. INC. Brodie Oaks Professional Plaza, Suite 125 Austin, Texas 78704 (512) 447-0575 Fax: (512) 326-3029 RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND, LARRY E. REAVIS PAGE 2 OF 2 REF. FIELD NOTE NO. 1895R1 • 0.10 Acre Slope and Public Ut!. , Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT "A" FN1894R December 4, 2000 SAM, Inc. Job No. 99105-20 DESCRIPTION OF A 0.10 ACRE TRACT OF LAND LOCATED IN TIE P.A. HOLDER SURVEY, ABSTRACT NO. 267, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF TRACT 7, ROUND ROCK EAST, AN UNRECORDED SUBDIVISION, SAME BEING A CALLED 4.45 ACRE TRACT OF LAND AS CONVEYED' IN THE DEED TO NANCY L. REAVIS AND LARRY E. REAVIS, AS RECORDED IN DOCUMENT No. 9654037, OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.10 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with cap set in the north line of Tract 6 of said subdivision, as conveyed to Larry Wigginton and wife, V. Ann Wigginton, as recorded in Volume 845, Page 264 of the Deed Records Williamson County, Texas, same being the south line of said Tract 7, for the southwest corner of the tract described herein, from which a 1/2 -inch iron rod found in the east line of East Rock Cove (a 50 -foot wide street) as shown in said unrecorded subdivision for the west common corner of said Tract 6 and said Tract 7, bears S 73° 05' 51" W, a distance of438.99 feet; THENCE crossing said Tract 7 with the arc of a curve to the left a distance of 457.62 feet through a central angle of 02° 18' 08", having a radius of 11389.16 feet, and whose chord bears N 06° 53' 23" W, a distance of 457.59 feet to a 1/2 -inch iron rod with cap set in the south line of a called 150 acre tract of land described in the deed to Forsman Family Limited Partnership as recorded in Document No. 2000006981of the Official Public Records Williamson County, Texas, same being the north line of said Tract 7, for the northwest comer of the tract described herein, from which a V2 -inch iron rod found in said south line and being the north common corner of Tracts 8 and 9 of said unrecorded subdivision bears S 81° 36' 23" W, a distance of 976.13 feet; THENCE with said common line of said 150 acre tract and said Tract 7 N 81° 36' 23" E, a distance of 10.00 feet to a 1/2 -inch iron rod with cap set for the northeast corner of the tract described herein from which a V2 -inch iron rod found in said south line and being the northeast corner of a called 1.50 acre tract of land as described in the deed to Hugh Noel, as recorded in Document No. 9652164 of the Official Records Williamson County, Texas bears N 81° 36' 23" E, a distance of 274.40 feet; THENCE crossing said Tract 7 with the arc of a curve to the right a distance of 456.11 feet through a central angle of 02° 17' 33", having a radius of 11399.16 feet, and whose chord bears S 06° 53' 42" E, a distance of 456.08 feet to a I/2 -inch iron rod with cap set in the common line of said' Tract 6 and said Tract 7 for the southeast corner of the tract described herein, from which a 1/4 -inch iron rod found for the south common corner of said 1.50 acre tract of land, and said Tract 7 bears N 73° 05' 51" E, a distance of 137.27 feet; Page 1 of 3 0.10 Acre Slope and Public Ut:. , Easement P.A. Holder Survey, Abstract No. 267 Williamson County, Texas EXHIBIT FN 1894R December 4, 2000 SAM, Inc. Job No. 99105-20 THENCE with said common line of said Tract 6 and said Tract 7 S 73° 05' 51" W, a distance of 10.19 feet to the POINT OF BEGINNING and containing 0.10 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Texas Central Zone and adjusted to surface using a surface adjustment factor of I.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 7th day of December, 2000 A. D. SURVEYING AND MAPPING, Inc. _ 4029 Capital of Texas Hwy. So., Suite 125 is ael R. Hatcher Austin, Texas 78704 Re:istered Professional Land Surveyor No. 4259 - State of Texas Page 2 of 3 FORSMAN FAMILY LIMITED PARTNERSHIP 1 CALLED 150 ACRES E DOC. No. 2000006981 1 N81. 36 23 11 0.P.R.W.C.TX. ; ; 10.00 11 DECEMBER, 2000 P.A. HOLDER SURVEY A-267 WILLIAMSON COUNTY, TEXAS SCALE 1"-100' 50 100 I TRACT 9 `N 581.36.23"W - TRACT 8 / / // TRACT 7 / / / / NW' 36.23E 11 11 11 11 11 11 11 11 11 0.10 ACRE I I1 to• 11 ll 11 ARTERIAL B/11 RIGHT-OF-WAY 11 C2 14 1 NANCY L. REAVIS AND LARRY E. REAVIS Cl CALLED 4.45 ACRES DOC. No. 9654037 ROUND ROCK EAST O.R,W.C.TX. AN UNRECORDED SUBDIVISION A-02° 8'08" R•11389.16' T•228.84' L•457.62' C8 -N06° 53'23"W C-457.59' A-02 17'33" R•11399.16' T -228.08 L •456.11' CB•S06° 53'42"E C•456.08' NOTES - ,1 73oo � cmlz0-1 o 0 73 XI mof0 O 0 O (-) N 7cm� C mcn v VT X) -1rn 0 -m z P.A. HOLDER SURVEY 5-0 A-267 ►1 EXHIBIT IIA" 1 `31.21.r- 4. N7.p5.51•E I i /4)/. - 105w 5,II l QO II l� i 11 II 11 Il 11 11 11 II TRACT 6 LARRY WIGGINTON AND WIFE, V. ANN WIGGINTON CALLED 6.69 ACRES VOL. 845 PAGE 264 D.R BEARINGS N10 COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON T GROUND UNDER MY DIRECTION AND SUPERVISION AND TH THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. MICHA L R. HATCHER REGIS ERE° PROFESSIONAL LAND SURVEYOR NO. 4 59, STATE OF TEXAS II Ii II li 11 II LEGEND CONCRETE MONUMENT SET o Y:- PPE FOUND UNLESS NOTED o Y{ IRON ROD SET W/CAP UNLESS NOTED • Yz" IRON ROO FOUND UNLESS NOTED I I RECORD !FORMATION P.0.8. PONT OF BEGRINNG P.O.C. PONT OF COMMENCING RF PON ROO FOUND we IRON PPE FOUNC OFFICIAL PUBIC RECORDS WLLIMISON COUNTY, TEXAS OR•,C.T.. OFFICIAL RECORDS WLLIMISON COUNTY, TEXAS PR•.C.T., PLAT RECORDS WILLIAMSON COUNTY, TEXAS OA•.C.T.. MED RECORDS WLLIAMSON COUNTY, TEXAS s SURVEYING -AERIAL MAPPING•EWGINEERING 4029 Capital d Texas Highway. So, INC. Brodie Oaks Professional Plaza, Suite 125 Austin. Texas 78704 (512) 447-0575 Fax: (512) 329.3029 RIGHT-OF-WAY PLAT SHOWING PROPERTY OF NANCY L. REAVIS AND LARRY E. REAVIS PAGE 3 OF 3 REF. FIELD NOTE NO. 1894R Reavis East Rock Cove PUD Roadway Easement Location of Easement is Approximate Date: EXHIBIT IIIIIIIIII 8cPGS EASEMENT AGREEMENT , 2007 2007104747 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, DanWilburn F. Hackebiel and Annie H. ackebiel, and Billy J. Killion and Rosa Le ion Nocy„thpZS\ 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 W]1LLAMSON 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, WILLIAMS ON 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, WTTT IAMSON 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 DA 1't D OCTOBER 7, 1996, RECORDED 1N 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, OEFICIAL 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. BOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME PROPERTY AS CONVEYED TO THE MICHAEL L. AND ANNA LPAVLIKFAMILY TRUST, MICHAEL L. PAVLIK, TRUSTEE, ANNA L. PAVLIK, TRUSTEE IN THAT DEED DATED i EXHIBIT MARCH 28, 2001, .PUBLI.0 RECORDED IN DOCUMENT NO. 2001021234, OITIC'IAL RECORDS , WILLLAMSON COUNTY, TEXAS, ALSO R EFRRRPI) TO.AS LOT 8,1.AST ROCI"< -COVE. TRACT TWO 4.I8 ACRES OF LAND, MORE OR LESS, OUT OF 'IH8 Y.A.. HOLDER SURVEY, ABSTRACT NO. 297; 1N WILLIAMSON COUNTY, TEXAS AND .13EING THE SAME PROPERTY AS CONVEYED TO DAN VI TRUONG IN THAT DEED DATED APRIL. 15, 1990, . RECORDED IN VOLUME 1895, PAGE 335, DEED :R.ECORDS , WILLIAMSON COUNTY. TEXAS, ALSO REFERRED TO AS LOT 9, EAST ROC'K COVE.. TRACT THREE 4.83 ACRES OF LAND, MORE OR. LESS, OUT OF THE P.A. HOLDER. SURVEY, .ABSTRACT NO. 297, IN WILLIAMSON COUNTY, 'TEXAS' AND BEING ME SAME :P:ROPERTYA.S CONVEYED TO WIL BU.RNF. NACKEI3EIT.,INTHA' rDEED DATED APRIL 30, 1987, RECORDED IN VOLUME 1549, PAGE 714, DEED RECORDS , WILLIAMSON COUNTY, TEXAS, ALSO REFERRED TO AS LO'l' 10, FAST ROCK COVE. TRAC T FO!.JR 4.97 ACRES OP LAND, MORE OR LESS, OUT OP THE :P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WIILIAM.SON COUNTY, TEXAS. ANT) BEING 'IFiE SAME PROPERTY AS CONVEYED TO BILLY J. KII.I..ION ANT) WIFE, .R.OSA I.FP KI.LLION .IN THAT DEED DATED) DECEMBER 1, 1983, RECORDED IN VOLUME 955, PAGE 544, DI',F!1.) RECORDS , WILLIAMSON C'OIJNTY, TEXAS, Al: SO REFERRF_.D '1`O AS 1,0'1' 11, .P.A ST ROCK. COVE. ".L'RACT FIVE 2.44 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 NICK E. INMAN IN THAT DEED DATED FEBRUARY 20, 1997 RECORDED DOCUMENT NO. 9707751 OFFICIAL, RECORDS, WILLIAMSON COUNTY TEXAS ALSO REFERRED TO AS LOT I EAST ROCK COVIN EXCEPT THAT PORTION AS CONVEYED TO THE PUBLIC IN VOLUME 1422, PAGE 446 2.55 ACRES OF LAND, MORE OR. LESS, 0111" Ok' )HE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS AND BEING THE SA.MJI PROPERTY AS CONVEYED TO FLOYD E. STARK. AND WIFE, EL ENORA E. STARK IN THAT DEED DATED JUNE 7, 1978, RECORDED IN VOLUME 715, PAGE 304, DEET) RECORDS , WILLIAMSON COUNTY,'.17 XAS, ALSO REFERRED AS 1,012, EA.S'r R(;)r;k COVE. Description Qf 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 e centerline running from the point 30 feet. to the north of the point 2 EXHIBIT 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 lot 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 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 Modification Of Easement S. 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 theCity of Round Rock requires an adjuslment 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 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 ^, 2007. Grantor: Anna Pavlik Family Trust By: Grantee: �, i� 1 , 'trustee 5 an jong�(' WilburrrF. Hackebiel t'neveb¢\\ Annie H. Hackbiel y-\oieXk\efo Roossa�LLeee 'Ilion EXHIBIT c STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this,j'day ofjA 2007, by Larry E. Reavis and Nancy L. Reavis. Pu.1rc, tate of exas 6 -STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me this n day of,, C 2007, by Larry Wigginton. 0 .o EXHIBIT 1 Pubhh , tate of Texas STATE OF TEXAS COUNTY OF WILLIAMSON JO COCKBURN MY COMMISSION EXPIRES kitRUary 72, 2010 This instrument was acknowledged before me this `� day of& , 2007, by Nick E. Inman. STATE OF TEXAS COUNTY OF WILLIAMSON This instruTent was acknowledged before me this 3'4day of i O" (Li 2007, by EFeno,Stark. Notary Pub Ic, State of Texas STATE OF TEXAS COUNTY OF WILLIAMSON CARLA REED Notary Public. State of Texas My Commission Expires February 09, 2008 This instrument was acknowledged before me this \\ day of,N 2007, by Michael L. Pavlik and Anna L. Pavlik as Trustee of the Anna L.9 . aviiik Family Trust. 7 STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT G This instrument was acknowledged 2007, by Dan Trong. Kct c, t. o exas STAT OF TEXAS COUNTY OF WILLIAMSON before me thisY day of This instrument was acknowledged before me this ' 2007, by WiibumF. Hackebiel and Annie H. Hackebie . c, - e o Texas STA OF TEXAS COUNTY OF WILLIAMSON - day of JD COCKBURN MY COMMISSION EXPIRES Fabnlary 22, 201D , This instrument was acknowledged before me this 2007, by Silly ,i. Killion and Rosa Lee Killion. ic, State of Texas 1.<1 So K1Lc, day of 8 FILED AND RECORDED OFFICIAL PUBLIC RECOROS 2001104747 12/19/2007 04:12 PM SURRATT $45.75 NANCY E. RISTER, COUNTY CLERK UILLIAhSoN COUNTY, TEXAS EXHIBIT ID G 0 100 200 —1—�Fee 7 9 6 10 5 11 1 2 3 4 DATE: July 15, 2008 SUBJECT: City Council Meeting — July 24, 2008 ITEM: 9C1. Consider an ordinance zoning 3.03 acres of land on East Rock Cove, known as Reavis Rehabilitation, to Planned Unit Development (PUD) No. 81 zoning district. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Clyde von Rosenberg, Senior Planner Justification: Land uses on the parcel are limited to a physical, speech and occupational therapy, rehabilitation facility and office uses. The facility may include treatment rooms, a gymnasium, swimming pool and other ancillary uses, designed specifically for rehabilitation clients. In , addition, retail sales and services accessory to the rehabilitation facility, including sale of medical equipment, medical supplements and juices and snacks are allowed. Access to the site will be from A.W. Grimes Boulevard. A potential future extension of East Rock Cove, from its current terminus to A.W. Grimes Boulevard, is part of an easement agreement between the owner and the adjacent property owners. The roadway easement crosses a portion of the southern boundary of the site. The PUD specifies that setbacks shall be measured from the northern boundary of the easement. In addition, signs on the site must be monument signs, as specified by the City's sign regulations. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This action would apply zoning to the site for the first time since the property was annexed into the City. The Planning and Zoning Commission recommended approval of the proposed zoning at their June 18, 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 June 18, 2008 9) (:" ,_) /c o vcd K_o c -v rt.'t,<.