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Z-08-09-25-13B1 - 9/25/2008ORDINANCE NO. v'i)'09 —20s' 131 RJ AN ORDINANCE AMENDING ORDINANCE NO. Z -00-09-14-9B2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON SEPTEMBER 14, 2000, BY AMENDING SECTIONS II.1, II.2, II.4.1, II.5, II.10.1, II.10.2, II.11, AND EXHIBIT "D" OF PUD NO. 44, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on the 14th day of September, 2000, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z -00-09-14-9B2, which established PUD No. 44, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, to amend Sections II.1, II.2, II.4.1, II.5, II.10.1, II.10.2, II.11 and Exhibit "D" of PUD No. 44, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -00-09-14-9B2 on the 27th day of August, 2008, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z -00-09-14-9B2 be amended, and WHEREAS, on the 25th day of September, 2008, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z -00-09-14-9B2, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z -00-09-14-9B2 promotes the health, safety, morals and general welfare of the community, and O:\WDOX\ORDINANC\080925B1.DOC/rmc WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300, 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 hereby determines that the proposed amendment to Planned Unit Development (PUD) District #44 meets the following goals and objectives: (1) The amendment to P.U.D. #44 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #44 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #44 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. 2 II. That Section II.1 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.1, which shall read as follows: 1. DEFINITIONS 1.1 Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code". 1.2 The following shall apply to the area described in Exhibit "A-1" of this Plan: Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, as amended, hereinafter referred to as "The Code". III. That Section II.2 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.2, which shall read as follows: 2. PROPERTY This Development Plan ("Plan") covers approximately 57.641 acres of land, located within the City limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A" and Exhibit "A-1", attached hereto. Exhibit "A-1" describes an approximately 31.025 acre portion of the 57.461 acres. IV. That Section II.4.1 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.4.1, which shall read as follows: 3 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances (1) 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 applicable sections of the Code. (2) The following shall apply to the area described in Exhibit "A-1" of this Plan: 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 TH (Townhouse), C -la (General Commercial — Limited) and OF (Office) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, the Plan shall supersede the specific conflicting provisions of the Code. V. That Section II.5 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.5, which shall read as follows: 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibit "C" and Exhibit "C- 1", attached hereto and incorporated herein. VI. That Section II.10.1 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby amended to read as follows: 10. STREET SYSTEM, RIGHT OF WAY ACOUISITION: 10.1 Arterial A The Owner shall provide a 120 foot wide right of way south of the intersection of proposed Arterial A with the "Joe DiMaggio Boulevard", to accommodate the 4 future construction of Arterial A across the property as generally shown on Exhibit "C" and on Exhibit "C-1". The rights of way shall be dedicated with the first plat of the Property. VII. That Section II.10.2 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.10.2, which shall read as follows: 10. STREET SYSTEM, RIGHT OF WAY ACQUISITION: 10.2 Collector Streets CO The Owner has provided an 80 -foot right of way for Joe DiMaggio Boulevard as approved by the City and as generally shown on Exhibit "C". This shall be provided with the first plat of the Property. (2) The Owner shall dedicate 65 feet of additional right-of-way for Joe DiMaggio Boulevard, as generally shown on Exhibit "C-1". This shall be provided with the first plat of the Property. VIII. That Section II.11 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section 11.11, which shall read as follows: 11. ARTERIAL & COLLECTOR STREET CONSTRUCTION: 11.1 Arterial A The Owner shall construct a 24 foot cross section street, designed to be one half of a dual 24 foot (with future median) cross section street to a point approximately 600 feet north of Joe DiMaggio Blvd. This construction shall include a 32 foot wide bridge across Chandler Creek. This road and bridge shall be constructed simultaneously with the construction of improvements for the first section of the Commercial/Multi-Family subdivision south of Chandler Creek. 5 The City of Round Rock intends for Arterial A to be located in an underpass beneath U. S. Highway 79 and the railroad. Therefore, the City shall be solely responsible for the construction of that portion of Arterial A, south of its intersection with Joe DiMaggio Boulevard, shown on Exhibit "C". 11.2 Major Collector Streets (1) The Owner shall construct Joe Dimaggio Boulevard, generally shown on Exhibit C, as a four (4) lane Commercial Collector Street when any portion of the Property is platted. (2) The Owner shall design and construct Joe DiMaggio Boulevard, generally shown on Exhibit "C-1", as a two (2) lane Local Collector Street, containing 37 feet of pavement. The road shall be designed and constructed in accordance with the City design and Construction Standards — Transportation Criteria Manual, prior to the recordation of a final plat for any portion of the property. (3) No parking shall be permitted on the portion of Joe DiMaggio Boulevard for a distance of 200 feet from the intersection with Arterial "A". The roadway shall be striped to accommodate three lanes of traffic for this 200 foot section of the roadway. 11.3 Traffic Signal (1) The City Transportation Services Department, in cooperation with the Owner, has calculated the Plan's impact on the need for a traffic signal at the Joe DiMaggio Boulevard/Arterial "A" intersection to be 11.38%. The Owner shall pay an amount equal to 11.38% of the cost of a traffic signal at this intersection prior to the recordation of the first plat of the Property. Alternatively, the Owner may elect to prepare and submit a TIA (subject to the specifications of the Transportation Criteria Manual and any other applicable City ordinances), which must be approved by the Director of Transportation Services prior to the first plat of this Property. The Owner must meet any requirements of the TIA prior to the recordation of the first plat of the Property. (2) The timing of the design and construction of the traffic signal at Joe DiMaggio and Arterial "A" shall be the sole determination of the Director of Transportation Services. IX. That a new Section II.20 is hereby included in the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, which shall read as follows: 6 20. EMERGENCY ACCESS: Emergency access will be provided from the tract to the west. A driveway, access easement and gate will be provided prior to the issuance of a Site Development Permit. X. That the section titled "Development Area 'B' - Mixed Use Residential" of Exhibit "D" - Development Standards of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new section titled "Development Area 'B' - Townhouse", which shall read as follows: DEVELOPMENT AREA "B" TOWNHOUSE The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "B" on Exhibit "C-1" 1. 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. All TH (Townhouse) uses identified in the City of Round Rock Zoning Ordinance, including Townhouses at a maximum density of 9 units per acre. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. 7 c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). iii. Minimum building setback from private drive aisles shall be twenty feet (20'). iv. Carports and garages shall not be permitted within the required setback from private drive aisles. v. The boundary of any private drive aisles which provide access to buildings located on a common lot shall be considered the same as a Street (ROW) boundary for the purpose of measuring and defining Setbacks. 3. LANDSCAPING a) Street Yard Determination The Street Yard definition is hereby amended in this Plan, for the purpose of applying the Landscaping standards contained in Section 11.501 of the Code, to allow for the street yard to be calculated by substituting a private drive aisle for the street right-of-way. b) Open Space All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including but not limited to front, side, and rear building setback areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. c) Landscape Easement A fifteen foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping. 8 4. UTILITY SERVICES 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. 5. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. XI. That Exhibit "D" - Development Standards of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby amended to include a section titled "Development Area 'C' - Commercial", which shall read as follows: DEVELOPMENT AREA "C" COMMERCIAL The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "C" on Exhibit "C-1" 1. 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. All C -la (General Commercial — Limited) uses identified in the City of Round Rock Zoning Ordinance. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. 9 b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). d) Landscape Easement A fifteen foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping. 3. UTILITY SERVICES 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. 4. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. XII. That Exhibit "D" - Development Standards of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby amended to include a section titled "Development Area 'D' - Office", which shall read as follows: DEVELOPMENT AREA "D" OFFICE The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "D" on Exhibit "C-1" 10 1. 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. All OF (Office) uses identified in the City of Round Rock Zoning Ordinance. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). 5. UTILITY SERVICES 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. 6. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. XIII. 11 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. 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 DP day of , 2008. Alternative 2. READ and APPROVED on first reading this the , 2008. day of READ, APPROVED and ADOPTED on second reading this the day of , 2008. ALAN MCGRAW, Mayor 12 City of Round Rock, Texas SARA L. WHITE, City Secretary 1357PUD1 AGREEMENT AND DEVELOPMENT PLAN FOR THE LEGENDS VILLAGE, PUD NO. 44. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and B. J. Williams. (Hereinafter referred to as the "Owner"). WHEREAS, the Owner has submitted a request to the City to rezone approximately 57.641 acres of land as a Planned Unit Development ("PUD"), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"), and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on August 16, 2000, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD. NOWTHEREFOREBYTHIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 1 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.16 below are followed. 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT There are no lien holders. 5. MISCELLANEOUS PROVISIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.16 below are followed. Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owner from selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. Necessary Documents and Actions. Severability. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 2 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Venue. All obligations of the parties created hereunder are performable in Williamson County; Texas and venue for any action arising hereunder shall be in Williamson County. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. Duplicate Originals. Notices. This Agreement may be executed in duplicate original, each of equal dignity. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below. OWNER CITY OF ROUND ROCK B. J. Williams P. O. Box 429 Round Rock, Texas 78680 3 City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn.: Director of Planning Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. II DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code". The following shall apply to the area described in Exhibit "A-1" of this Plan: Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, as amended, hereinafter referred to as "The Code". 2. PROPERTY This Development Plan ("Plan") covers approximately 57.641 acres of land, located within the City limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A" and Exhibit "A-1", attached hereto. Exhibit "A-1" describes an approximately 31.025 acre portion of the 57.461 acres. 4 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ("PUD") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect 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 to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES Zoning and Subdivision Ordinances (1) 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 applicable sections of the Code. (2) The following shall apply to the area described in Exhibit "A-1" of this Plan: 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 TH (Townhouse), C -la (General Commercial — Limted) and OF (Office) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, the Plan shall supersede the specific conflicting provisions of the Code. Other Ordinances and Polices All other Ordinances and policies including the Palm Valley Area Plan shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibit "C" and Exhibit "C-1", attached hereto and incorporated herein. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "D", attached hereto and incorporated herein. 5 7. BUILDINGS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "D", attached hereto, as applicable to each parcel and its designated use. 8. LANDSCAPING and BUFFERING Landscaping and buffering shall be as modified in Exhibit "D", attached hereto, as applicable to each parcel and its designated use. 9. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 10. STREET SYSTEM, RIGHT OF WAY ACQUISITION: Arterial A The Owner shall provide a 120 foot wide right of way south of the intersection of proposed Arterial A with the "Joe DiMaggio Boulevard", to accommodate the future construction of Arterial A across the property as generally shown on Exhibit C and on Exhibit C-1. The rights of way shall be dedicated with the first plat of the Property. Collector Streets (1) The Owner has provided an 80 -foot right of way for Joe DiMaggio Boulevard as approved by the City and as generally shown on Exhibit "C". This shall be provided with the first plat of the Property. (2) The Owner shall dedicate 65 feet of additional right-of-way for Joe DiMaggio Boulevard, as generally shown on Exhibit C-1. This shall be provided with the first plat of the Property. U.S. Highway 79 The Owner shall dedicate 85 feet of additional right of way, to accommodate the expansion of US Highway 79. This shall be provided with the first plat of the Property. 6 City right of way acquisition The City shall be responsible for the acquisition of any right of way necessary for the extension of Joe DiMaggio Blvd., located between the Property and the north boundary of U. S. Highway 79. 11. ARTERIAL & COLLECTOR STREET CONSTRUCTION 11.1 Arterial A The Owner shall construct a 24 foot cross section street, designed to be one half of a dual 24 foot (with future median) cross section street to a point approximately 600 feet north of Joe DiMaggio Blvd. This construction shall include a 32 foot wide bridge across Chandler Creek This road and bridge shall be constructed simultaneously with the construction of improvements for the first section of the Commercial/Multi-Family subdivision south of Chandler Creek. The City of Round Rock intends for Arterial A to be located in an underpass beneath U. S. Highway 79 and the railroad. Therefore, the City shall be solely responsible for the construction of that portion of Arterial A, south of its intersection with Joe DiMaggio Boulevard, shown on Exhibit «C» 11.2 Major Collector Streets (1) The Owner shall construct Joe Dimaggio Boulevard, generally shown on Exhibit C, as a four (4) lane Commercial Collector Street when any portion of the Property is platted. (2) The Owner shall design and construct Joe DiMaggio Boulevard, generally shown on Exhibit "C-1", as a two (2) lane Local Collector Street, containing 37 feet of pavement. The road shall be designed and constructed in accordance with the City design and Construction Standards — Transportation Criteria Manual, prior to the recordation of a final plat for any portion of the property. (3) No parking shall be permitted on the portion of Joe DiMaggio Boulevard for a distance of 200 feet from the intersection with Arterial "A". The roadway shall be striped to accommodate three lanes of traffic for this 200 foot section of the roadway. 11.3 Traffic Signal (1) The City Transportation Services Department, in cooperation with the Owner, has calculated the Plan's impact on the need for a traffic signal at the Joe DiMaggio Boulevard/Arterial "A" intersection to be 11.38%. The Owner shall pay an amount equal to 11.38% of the cost of a traffic signal at this intersection prior to the recordation of the first plat of the Property. Alternatively, the Owner may elect to prepare and submit a TIA (subject to the specifications of the Transportation Criteria Manual and any other applicable City ordinances), which must be approved by the Director of Transportation Services prior to the first plat of this Property. The Owner must meet any requirements of the TIA prior to the recordation of the first plat of the Property. (2) The timing of the design and construction of the traffic signal at Joe DiMaggio and Arterial "A"shall be the sole determination of the Director of Transportation Services. 12. DRIVEWAY ACCESS TO U. S. HIGHWAY 79 One driveway access point to the Property shall be permitted to U. S. Highway 79. 13. WATER & WASTEWATER EASEMENTS Wastewater easement for Chandler Creek interceptor The Owner has dedicated a wastewater easement to accommodate the construction of the Chandler Creek Interceptor through the Property. Reuse water for Commercial Irrigation. Commercial development within Parcel A, as shown on Exhibit "C", shall provide for "Reuse" water lines to provide irrigation to landscaped areas of Parcel A. The Owner shall construct the "Reuse" water lines as part of the subdivision improvements at the time of platting, provided the "Reuse' water lines have been extended to the boundary of the Property at the time the subdivision improvements are installed. 14. PARKLAND DEDICATIONS All of the flood plain area lying south of the center line of Chandler Creek and east of Arterial "A" abutting the 17.613 acre lot identified on Exhibit "C" shall be dedicated as public parkland as part of the platting of the above-described 17.622 acre tract. Additionally, a fifty (50') foot wide strip of land lying along the north of the center line of Chandler Creek, lying east of Arterial A and extending to the eastern boundary of the Property, shall be dedicated as public parkland. 8 15. PHASING The development of the Property may be phased at the developer's option. Phasing shall be identified on the Preliminary Plat. 16. CHANGES TO AGREEMENTA ND DEVELOPMENT PLAN Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director of Planning and Community Development, and the City Attorney. Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 17. CONCEPT PLAN APPROVED Approval of this agreement constitutes Concept Plan Approval under the City Subdivision Ordinance. 18. GENERAL PLAN 2000 This agreement in compliance with the Round Rock General Plan 2000, which was adopted on June 10, 1999. 19. PALM VALLEY AREA PLAN This agreement shall be in compliance with the Palm Valley Area Plan dated August 2000 and contains requirements that assist in the implementation of that Plan. 20. EMERGENCY ACCESS: Emergency access will be provided from the tract to the west. A driveway, access easement and gate will be provided prior to the issuance of a Site Development Permit. 9 CITY OF ROUND ROCK, TEXAS B.J. WILLIAMS By: By: Robert Stluka, Jr., Mayor Date: Date: 10 STATE OF TEXAS COUNTY OF ACKNOWLEDGEMENT § § § This instrument was acknowledged before me on this the _day of , 2000, by B. J. WILLIAMS. Notary Public, State of Texas ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF § § § This instrument was acknowledged before me on this the _ day of , 2000, by ROBERT A. STLUKA, on behalf of the City of Round Rock. Notary Public, State of Texas 11 EXHIBIT "A" AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 18718 2105 JUSTIN LANE 8103 (512)454-6605 FIELD NOTES FOR 7.914 ACRES Attachment to Plat 974MFP2 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the south line of the above mentioned 168.9883 acre tract for the Southwest corner of this tract from which iron pin an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest comer of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records bears N 89°43'55" W 632.30 feet, N 06°05'33" W 217.80 feet, and N 89°58'34" W 1098.63 feet THENCE N 24°39'10" W 86.11 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 700.00 feet and a central angle of 20°16'24". THENCE with the arc of the said curve 247.69 feet the long chord of which bears N 14°30'58" W 246.40 feet to an iron pin set for the PT of the said curve. THENCE N 04°22'46" W 74.82 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 20.00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 31.42 feet the long chord of which bears �I 40°37'14" E 28.28 feet to an iron pin set for the P1' of the said curve. THENCE N 85°37'14" E 101.23 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 295.00 feet and a central angle of 06°48'37". THENCE with the arc of the said curve 35.06 feet the long chord of which bears N 89°01'33" E 35.04 feet to an iron pin set for the PT of the said curve. THENCE S 87°34'08" E 399.65 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 420.00 feet and a central angle of 60°27'25". THENCE with the arc of the said curve 443.17 feet the long chord of which bears S 57°20'26" E 422.90 feet to an iron pin set for the PT of the said curve. THENCE S 27°06'43" E 202.46 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast corner of this tract. THENCE N 89°43' 55" W 898.60 feet to the POINT OF BEGINNING, containing 7.914 acres of land, more or less. 1, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief.. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. RP.L.S. No. 4629 07 /4Date 974.DOC AUSTIN SURVEYORS P.O. BOX 180247 AUSTIN, TEXAS 7571 S 2105 JUSTIN LANE N103 (512)4546605 FIELD NOTES FOR 17.613 ACRES Attachment to Sketch 974MFPl All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an "X" cut in a brick column found on the Northwest line of U.S. Highway #79, for the Southeast corner of the above mentioned 168.9883 -acre tract and the Southeast corner of this tract from which iron pin a % " iron pin found bears N 64°35'12" E 11.07 feet.. THENCE S 68°37'16' W with the South line of the said 168.9883 acre tract 112.90 feet to an iron pin set at a fence post found in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 89°43'55" W with the South line of the said 168.9883 acre tract 267.92 feet to an iron pin set for the Southwest comer of this tract THENCE N°27 06"43" W 243.90 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 500.00 feet and a central angle of 60°27'25". THENCE with the arc of the said curve 527.59 feet the long chord of which bears N 57°20'25" W 503.45 feet to an iron pin set for the PT of the said curve THENCE N 87°34'08" W 320.54 feet to an iron pin set for an angle point of this tract THENCE N 02°25'52" E 7.79 feet to an iron pin set for an angle point of this tract THENCE N 80°43'20" E 78.14 feet to an iron pin set for an angle point of this tract THENCE N 64°39'27" E 62.63 feet to an iron pin set for an angle point of this tract. THENCE N 47°33'58" E 194.89 feet to an iron pin set for an angle point of this tract. THENCE N 34°17'21" E 61.35 feet to an iron pin set for an angle point of this tract. THENCE N 09°42'23" E 61.35 feet to an iron pin set for an angle point of this tract. 17.613 acres PAGE 2 OF 2 THENCE N 12°11'23" W 189.93 feet to an iron pin set for an angle point of this tract THENCE N 00°58'01" E 47.57 feet to an iron pin set in an angle point of the Northeast line of the above mentioned 168.9883 acre tract for an angle point of this tract THENCE S 89°42'33" E with the Northeast line of the said 168.9883 acre tract 205.82 feet to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 89'26'45" E with the Northeast line of the said 168.9883 acre tract at 415.1 feet pass a 60d nail found at a fence post and continue for a total of 484.18 fed to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 78°56'29" E with the Northeast line of the said 168.9883 acre tract 164.98 feet to an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 27°06'55" E 202.76 feet to a 60d nail found at a fence post for an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 00°02'14" E 777.04 feet to the POINT OF BEGINNING, containing 17.613 acres of land, more or less. I, Claude F.1Tuilde, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief. These field notes were prepared for the rezoning of this tract by the City of Round Rock Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. Claud F. H nkle, Jr. R.P.L.S. No. 4629 Date 974.DOC AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS ?$718 2105 JUSTIN LANE f$103 (512) 4546605 FIELD NOTES FOR 32.114ACRES Attachment to Plat 974MFP2 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest comer of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records for the Southwest corner of this tract. THENCE N 14°16'31" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence corner post for an angle point of the said 10.893 acre tract and continue for a total of 563.35 feet to an iron pin set for angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 14°31'35" W with the West line of the said 168.9833 acre tract 251.50 feet to an iron pin set for the West corner of this tract. THENCE S 83°06'32" E 91.58 feet to an iron pin set for an angle point of this tract THENCE N 76°35'14" E 91.63 feet to an iron pin set for an angle point of this tract. THENCE N 66°40'44" E 61.74 feet to an iron pin set for an angle point of this --tract. THENCE N 45°47'37" E 83.64 feet to an iron pin set for an angle point of this tract. THENCE N 34°56'44" E 60.70 feet to an iron pin set for an angle point of this tract THENCE N 42°53'54" E 60.70 feet to an iron pin set for.an_angle point of this tract. THENCE N 41°01'33" E 163.30 feet to an iron pin set for an angle point of this tract. THENCE N 34°31'43" E 163.30 feet to an iron pin set for an angle point of this tract. THENCE N 64°19'22" E 173.60 feet to an iron pin set for an angle point of this tract. THENCE S 38°44'30" E 173.60 feet to an iron pin set for an angle point of this tract. THENCE S 11°35'54" E 282.58 feet to an iron pin set for an angle point of this tract. THENCE S 36°15'30" E 256.01 feet to an iron pin set for an angle point of this tract. THENCE S 58°41'34" E 178.95 feet to an iron pin set for an angle point of this tract. 32.114 ACRES THENCE N 82°09'52" tract THENCE S 04°22'46" tract. THENCE S 49°22'46" tract. THENCE S 04°22'46" tract. THENCE N 85°37'14" tract PAGE 2 OF 2... E 161.60 feet to an iron pin set for an angle point of this E 330.25 feet to an iron pin set for an angle point of this E 21.21 feet to an iron pin set for -an -angle point of this -- E 115.00 feet to an iron pin set for an angle point of this E 120.00 feet to an iron pin set for an angle point of this THENCE S 04°22'46" E 74.82 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of 20°16'24". THENCE with the arc of the said curve 247.69 feet the long chord of which bears S 14°30'58" E 246.40 feet to an iron pin set for the PT of the said curve. THENCE S 24°39'10" E 86.11 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast corner of this tract. THENCE N 89°43' 55" W 632.30 feet to an iron pin found in an angle point of the South line of the said 168.9883 acre tract for an angle point of this tract. THENCE N 06°05'33' E 217.80 feet to an iron pin set in an angle point of the said 168.9833 acre tract for an angle point of this tract. THENCE N 89°58'34" W 1098.63 feet to the POINT OF BEGINNING, containing 32.114 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief.. These field notes were prepared for the rezoning of this tract by the City of Round Rock. An}cuse of this description by these or any other persons for any other use or purpose is e • .ssly prohibited. - Claude F. e, Jr. R.P.L.S. No. 4629 OCA Date 974.DOC FIELD NOTES FOR 31.025 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found (stamped Austin Surveyors) on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Palm Swedish Lutheran Church of Brushy Parish by deed recorded in Volume 31, Page 12 of the above mentioned Deed Records for the Southwest corner of this tract. THENCE N 11°56'27" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence corner post for an angle point of the said 10.893 acre tract and continue for a total of 563.35 feet to a capped iron pin found (stamped Austin Surveyors) in angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 16°53'46" W with the West line ofthe said 168.9833 acre tract 251.59 feet to an iron pin found in the South corner of Legends Village Section 2 Phase 2 as recorded as Document No. 2007046039 of the said Official Records for the West corner of this tract. THENCE with the South line of the above mentioned Section 2 Phase 2 for the following nine (9) courses: 1) S 85°27'16" E 91.87 to an iron pin found for an angle point of this tract. 2) N 74°16'40" E 91.69 to an iron pin found for an angle point of this tract. 3) N 64°20'39" E 61.71 to an iron pin found for an angle point of this tract. 4) N 43°25'26" E 83.66 to an iron pin found for an angle point of this tract. 5) N 32°38'35" E 60.66 to an iron pin found for an angle point of this tract. 6) N 40°33'05" E 60.73 to an iron pin found for an angle point of this tract. 7) N 38°43'47" E 163.25 to an iron pin found for an angle point of this tract. 8) N 32°12'49" E 163.26 to an iron pin found for an angle point of this tract. 9) N 61°58'33" E 173.56 to an iron pin found for the Southeast corner of the said Phase 2 and the West corner of Legends Village Section 2 Phase 1 as recorded as Document No. 2006096703 ofthe said Official Records for the North corner of this tract. THENCE with the South line of the above mentioned Section 2 Phase 1 for the following three (3) courses: 1) S 41°03'38" E 173.58 to an iron pin found for an angle paint of this tract. 2) S 13°55'40" E 283.12 to a capped iron pin found (stamped CCC) for an angle point of this tract. 3) S 38°40127" E 240.30 to an iron pin set for an angle point of this tract. THENCE with the North line hereof and the approximate center of Chandler Creek for the following six (6) courses: 1) S 12°23'08" E 81.64 for an angle point of this tract. 2) S 02°32'36" E 47.99 for an angle point of this tract. 3) S 47°52'20" E 117.11 for an angle point of this tract. 4) S 76°50'59" E 70.95 for an angle point of this tract. 5) S 81°27'56" E 77.54 for an angle point of this tract. 6) S 76°30'39" E 97.56 to a point on the West line of Arterial "A" as set out on the plat of Legends Village Section One as recorded as Document No. 2003005857 of the said Official Records for the Northeast corner of this tract. THENCE S 06°42'27" E with the West line of Arterial "A" 142.49 to a capped iron pin found for an angle point of this tract. THENCE S 51°42'27" E with the West line of Arterial "A" 21.21 to a capped iron pin set for an angle point of this tract. THENCE S 06°42'40" E with the West line of Arterial "A" 115.29 to a capped iron pin set for an ell comer of this tract. THENCE N 83°19'22" E 120.00 to a capped iron pin found (stamped CCC) on the West line of Lot 1A Block A of the Replat of Legends Village Section Three as recorded as Document No. 2003051649 of the said Official Records for an ell corner of this tract. THENCE S 06°41'09" E 74.82 to an iron pin found in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of 20°16'59". THENCE with the arc of the said curve 247.80 feet the long chord of which bears S 16°48'49" E 246.51 feet to an iron pin found for the PT of the said curve. THENCE S 27°04'41" E 77.29 feet to an iron pin found on the South line of the said 168.9883 acre tract and the North line of a 1.975 acre tract of land conveyed to the City of Round Rock by deed recorded in Volume 2004075638 of the said Official Records for the Southeast comer ofthis tract. THENCE S 87°15'56" W with the North line of the above mentioned 1.975 acre tract and the North line of a 15.99 acre tract of land, designated as Tract 4 in Document No. 2003063811 of the said Official Records 628.85 feet to a 3/8" iron pin found on the East line of the above mentioned 5.33 acre tract, in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 03°49'39" E 217.41 to a capped iron pin found (stamped CCC) in the Northeast corner of the said 5.33 acre tract for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE S 87°42'41" W 1098.85 feet to the POINT OF BEGINNING containing 31.025 acres of land. Austin Surveyors 2105 Justin Lane, Ste 103 Austin, Tex. :7 ClaudeY. inkle, Jr., R.P.L.S. No. 4629 AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 FIELD NOTES FOR 24.083 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found (stamped Austin Surveyors) on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Palm Swedish Lutheran Church of Brushy Parish by deed recorded in Volume 31, Page 12 of the above mentioned Deed Records for the Southwest corner of this tract. THENCE N 11°56'04" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence corner post for an angle point of the said 10.893 acre tract and continue for a total of 563.32 feet to a capped iron pin found (stamped Austin Surveyors) in angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 16°54'57" W with the West line of the said 168.9833 acre tract 251.68 feet to an iron pin found in the South corner of Legends Village Sec ion 2 Phase 2 as recorded as Document No. 2007046039 of the said Official Records for the West corner of this tract. THENCE with the South line of the above mentioned Section 2 Phase 2 for the following nine (9) courses: 1) S 85°26'03" E 92.05 to an iron pin found for an angle point of this tract. 2) N 74°16'40" E 91.69 to an iron pin found for an angle point of this tract. 3) N 64°20'39" E 61.71 to an iron pin found for an angle point of this tract. 4) N 43°25'26" E 83.66 to an iron pin found for an angle point of this tract. 5) N 32°38'35" E 60.66 to an iron pin found for an angle point of this tract. 6) N 40°33'05" E 60.73 to an iron pin found for an angle point of this tract. 7) N 38°43'47" E 163.25 to an iron pin found for an angle point of this tract. 8) N 32°12'49" E 163.26 to an iron pin found for an angle point of this tract. 9) N 61°58'33" E 173.56 to an iron pin found for the Southeast corner of the said Phase 2 and the West corner of Legends Village Section 2 Phase 1 as recorded as Document No. 2006096703 of the said Official Records for the North corner of this tract. 24.083 ACRE PAGE 2 OF 3 THENCE with the South line of the above mentioned Section 2 Phase 1 for the following nine (9) courses: 1) S 41°03'38" E 173.58 to an iron pin found for an angle point of this tract. 2) S 13°55'40" E 283.12 to a capped iron pin found (stamped CCC) for an angle point of this tract. 3) S 38°40'27" E 240.30 to an angle point of this tract. 4) S 12°23'08" E 81.64 feet to an angle point of this tract. 5) S 02°32'36" E 47.99 feet to an angle point of this tract 6) S 47°52'20" E 117.11 feet to an angle point of this tract 7) S 76°50'59" E 70.95 feet to an angle point of this tract 8) S 81°27'56" E 77.54 feet to an angle point of this tract. 9) S 76°30'09" E 97.56 feet to a point on the West line of Arterial "A" as set out on the plat of Legends Village Section One as recorded as Document No. 2003005857 of the said Official Records for the Northeast corner of this tract. THENCE S 06°42'27" E with the West line of Arterial "A" 68.31 feet to a reentrant corner of this tract. THENCE N 70°16'59" W 23.67 feet to an angle point of this tract. THENCE N 62°27'36" W 37.55 feet to an angle point of this tract. TI-IENCE N 54°37'54" W 15.57 feet to an angle point of this tract. THENCE N 71°04'42" W 31.88 feet to an angle point of this tract. THENCE S 82°38'39" W 20.51 feet to an angle point of this tract. THENCE N 77°30'08" W 35.57 feet to an angle point of this tract. THENCE N 69°55'01" W 80.57 feet to an angle point of this tract. THENCE S 45°27'11" W 23.76 feet to an angle point of this tract. THENCE S 06°57'14" E 90.71 feet to an angle point of this tract. THENCE S 50°20'34" W 15.54 feet to an angle point of this tract. THENCE N 72°51'20" W 16.94 feet to an angle point of this tract. THENCE S 48°29'32" W 34.24 feet to an angle point of this tract. THENCE S 79°53'51" W 45.05 feet to an angle point of this tract. THENCE S 38°45'50" W 29.31 feet to an angle point of this tract. THENCE S 21°47'38" E 27.56 feet to the PC of a curve to the right said curve having a readius of 417.50 feet and a central angle of 04°02'00". THENCE with the arc of the said curve 29.39 feet the long chord of which bears N 69°38'58" W 98.25 feet to the PT of the said curve and the PC of a curve to the left said curve having a radius of 863.06 feet and a central angle of 04°28'16". 24.083 ACRES PAGE 3 OF 3 THENCE with the arc of the said curve 67.35 feet said curve having a long chord which bears S 25°37'14" W 49.60 feet to the PT of the said curve and the PC of a curve to the left said curve having a radius of 205.61 feet and a central angle of 13°51'17". THENCE with the arc of the said curve 49.72 feet, said curve having a long chord which bears S 06°08'07" W 49.60 feet to the PT of the said curve and the PC of a curve to the lett said curve having a radius of 532.50 feet and a central angle of 04°34'48". THENCE with the arc of the said curve 42.57 feet the long chord of which bears S 06°07'03" W 42.55 feet to the PT of the said curve THENCE S 03°49'39" W 127.06 feet to a capped iron pin found (stamped CCC) in the Northeast corner of the said 5.33 acre tract for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE S 87°42'41 W 1033.45 feet to the POINT OF BEGINNING containing 24.083 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2008 and are correct to the best of my knowledge and belief. These field notes were prepared for a development agreement. Any use of this description by any person for any other purpose is expressly prohibited. /QA�> iP E OF T /-�A �P c_ \'T RF+ V (CLAUDE F HINKLE JR. v r Po 4629 � \ O V/ D6 o SUR`I‹`J% Clau e F. Hinkle, Jr. R.P.L.S. No. 4629 Date 1644.doc AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 FIELD NOTES FOR 1.104 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the West line of Arterial "A" as set out on the plat of Legends Village Section One as recorded as Document No. 2003005857 of the said Official Records for the Northeast corner of this tract from which point the Southeast corner of of Legends Village Section 2 Phase 1 as recorded as Document No. 2006096703 of the above mentioned Official Records bears N 06°42'27" E 187.86 feet. THENCE S 06°42'27" E with the West line of Arterial "A" 71.30 feet to an angle point of this tract THENCE S 38°12'17" W 56.66 feet to an angle point of this tract. THENCE S 83°07'00" W 134.28 feet to the PC of a curve to the right said curve having a radius of 417.50 feet and a central angle of 25°13'02". THENCE with the arc of the said curve 183.75 feet, the long chord of which bears N 84°1629" W 182.27 feet to the PT of the said curve. THENCE N 21°47'38" W 27.57 feet to an angle point of this tract. THENCE N 38°45'50" E 29.31 feet to an angle point of this tract. THENCE N 79°53'51" E 45.05 feet to an angle point of this tract. THENCE N 48°29'32" E 34.24 feet to an angle point of this tract. THENCE S 72°51'20" E 16.94 feet to an angle point of this tract. THENCE N 50°20'34" E 15.54 feet to an angle point of this tract. THENCE N 06°57'14" W 90.71 feet to an angle point of this tract. THENCE N 45°27'11" E 23.76 feet to an angle point of this tract. THENCE S 69°55'01" E 80.57 feet to an angle point of this tract. THENCE S 77°30'08" E 35.57 feet to an angle point of this tract. THENCE N 82°38'39" E 20.51 feet to an angle point of this tract. THENCE S 71°04'42" E 31.88 feet to an angle point of this tract. 1.104 ACRES PAGE 2 OF 2 THENCE S 54°37'54" E 15.57 feet to an angle point of this tract. THENCE S 62°27'36" E 37.55 feet to an angle point of this tract. THENCE S 70°16'59" E 23.67 feet to to the POINT OF BEGINNING containing 1.104 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2008 and are correct to the best of my knowledge and belief. These field notes were prepared for a development agreement. Any use of this description by any person for any other purpose is expressly prohibited. 0 F \fT A �lPP + \ \c, e * J' \ (1".,e LAUDE F. HINKLE JR. 4629 \, �0FFESs\��-O Q `�� �� SUR Claude E. Hinkle, Jr. R.P.L.S. No. 4629 y2/A1 SEP 2 3 2008 Date 1644.doc . AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment for plat 1644 -rev FIELD NOTES FOR 3.757 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found on the East line of a 5.33 acre tract of land conveyed to the Palm Swedish Lutheran Church of Brushy Parish by deed recorded in Volume 31, Page 12 of the Deed Records of Williamson County, Texas and the North line of a of a 15.99 acre tract of land, designated as Tract 4 in Document No. 2003063811 of the above mentioned Official Records, in an angle point of the above mentioned 168.98.8.3 acre tract, for the Southwest corner of this tract. THENCE N 03°49'39" E 217.41 to a capped iron pin found (stamped CCC) in the Northeast corner of the above mentioned 5.33 acre tract for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE N 03°49'39" E 120.10 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 467.50 feet and a central angle of 04°34'48". THENCE with the arc of the said curve 37.37 feet, the long chord of which bears N 06°07'03" E 37.39 feet to an iron pin set for a point of compound curvature. THENCE with the arc of a curve to the right 55.62 feet, said curve having a radius of 35.06 feet, a central angle of 90°54'00", and a long chord which bears N 53°51'27" E 49.97 feet to an iron pin set for a point of reverse curvature. THENCE with the arc of a curve to the left 136.35 feet said curve having a radius of 482.50 feet, a central angle of 16°11'27" and a long chord which bears S 88°47'16" E 135.89 feet to an iron pin set for the PT of the said curve. THENCE N 83°07'00" E 149.09 feet to an iron pin set for an angle point of this tract. TIIENCE S 51°47'08" E 56.49 feet to an iron pin set for an angle point of this tract. THENCE S 06°41'09" E 63.02 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 820.00 feet and a central angle of 20°17'30". THENCE with the arc of the said curve 290.41 feet, the long chord of which bears S 16°49'07" E 288.89 feet to an iron pin set for the PT of the said curve. THENCE S 27°04'41" E 23.12 feet to an iron pin set on the South line of the said 168.9883 acre tract and the North line of a 1.975 acre tract of land conveyed to the City of Round Rock by deed recorded in Volume 2004075638 of the said Official Records for the Southeast corner of this tract. 3.757 ACRES PAGE 2 OF 2 THENCE S 87°15'56" W with the North line of the above mentioned 1.975 acre tract and the North line of a 15.99 acre tract of land, designated as Tract 4 in Document No. 2003063811 of the said Official Records 497.14 feet to the POINT OF BEGINNING containing 3.757 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2008 and are correct to the best of my knowledge and belief. These field notes were prepared for a loan document. Any use of this description by any person for any other purpose is expressly prohibited. Vk ��c0F Fye C,\ C' \< CLAUDE F. HINKLE JR. D "F 4629 ss A<A SUR Clau - . Hinkle, Jr. 2,2)/( R.P.L.S. No. 4629 SEP 2 3 2008 Date 1644. doc EXHIBIT "B" Lienholder's Consent There are no Lienholders of Record. (1) L .0 o) cd 3 X W C U O 0J L. N O O a) L E -C cd 0 co.0 0 C N 7 QI N >.+ C > ai E V r o s• W o 10 W O O= a) VJ 0 ) 0 m m z 0 8Z1 121 • h� -50 S 11'35,54•ES 2g2.58 M,.S4,10.00 S A S 04'22'46"E 330.25' 32.114 ACRES 255 96 N4.051� Zb ,4Z'LLL w o no m in T14 MULTI -FAMILY 116 z a 3 .914, H 1- Y i; 8 1 z a z 1 0 8 8 0 AUSTIN SURVEYORS 7.914 ACRES N 89'58'34"W1098.63' "0 89'43'55'W499.96 0 01 Mao(n(nnMnm0NO W (DmnnOrn(nmm0)0)O (Drnmmmdot0^N 01 O W W W W 2 W 4 7 W N'.-Mffr)N Mcowojn0 O .0n NCVN�n�.m0 2 O)MhN�m Nm(.nN MM.-a.O atnMaN tiDdr1ON.rno..wco m �OdMO,--O aOl��p ppN w ZZZZZZU)V)0zU) 0 Ma(nmhmQ)O.-NM N N N NN N N n n nM Z�:-ooiViov ora N m.-Narn3, - hW N m N N h mO O M h O w WW W W WWW 2 WW Nmm x'00*MmN0 ONNhNO)01(D -(nn 00401)') N M n0 MN a (0*0ONMN 0NO ooa0o00NmNmOm Z V) V) Z(0 V) 2 U) ZZZ NMd M,.ohmO)O.-N NNN i)'f*o00000in q(Ohmhh(0( (0(00, 0(0010101 O)Q7m mmmmmhhh WW WWWWWW WW W N*tah d MMNooa iD in. -_0N(0(' .-rna. onaa(n(n0(0-aa (0(0iDin*N' V`C¢)W mhmvnaan(cnn 0Z2ZZZZzz00 04lauorphomo.- i-F-V-l-�1-}-F-F-H.. r r- C:\ACLT 97\ACAD\974mfp.dwg BRIGHTON PLACE (50.0'50 W.) 2 m o cC m m -b G Y 3 U m U to a Approved: BRB July 16, 2007 a 5 i } 4 Z K U 0) WOOOZ ZD J K � U (5 0 feet. The portions of a masonry structure on which the sign is located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 10.6 An Area Identification Sign for the Property shall be permitted at the intersection of Joe DiMaggio Blvd. and US 79. This sign shall meet all sign requirements of the Code. The following Developmen ' andards shall apply to all development on portion f the operty which are identified as Development Area "B"on Exhibit "C" 1. PE TED USES The followin . ncipal uses are permitted: Multi -family residential, uding townhouses . condominiums, at a density not to exceed 20 units per acre, recr- . ' s nal amen ' s, day care, senior care, church and church related facilities, senior citizen 4 . .sing, assisted care, nursing homes and schools. Townhouses shall be defined as contain four or more attache a private external entranc common walls but townhomes are fl 20 feet of driv 2. HEIGHT 7 e or more multi-fami residential dwellings with each , private parking, private yard area and havin common floors or ceilings. Building setback ble, provided fire safety regulations are met and a minim ay is provided between the garage door and the sidewalk. idential buildings that ling unit having ne or more • es for building on the property shall exceed three stories in height except as otherwise specified herein. 7 1357EXD EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT AREA "A" COMMERCIAL The Following Development Standards shall apply to all development on portions of the Property, which are generally identified as Development Area "A" on Exhibit "C". 1. PERMITTED USES: The following principal uses are permitted: All C-1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. 2. PROHIBITED USES: The following uses are prohibited on the property: mini -warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER The Palm Valley Area Plan designates the property as an "Urban Activity Center". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Outdoor cafes, outdoor dining and other outdoor commercial and civic activities are encouraged. • Consistently designed landscape treatments should be included as part of site plans for the property. • Site plans should be designed to utilize the interface with parkland adjoining the property. 1 • Site plans should be designed to provide pedestrian access between the property and the adjoining public park. • Building setbacks should include a percentage of " build to lines" identified in Section 5.3 of this Exhibit. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element and as shaded pedestrian walkways, as identified in Section 7 of this Exhibit. • Prohibit certain building materials as identified in Section 4 of this Exhibit. • Establish a consistent form and design for signage. 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) 5. DESIGN STANDARDS: 5.1 Height The maximum height of buildings on the Property shall be three stories. 5.2 Building Setbacks 5.2.1 Minimum Building Setbacks from Joe DiMaggio Boulevard shall be twenty feet (20'). 5.2.2 Minimum Building Setbacks from Arterial "A" shall be thirty feet (30') 5.3 Build To Lines 5.3.1 Building setbacks on the 17.613 acre tract fronting Joe DiMaggio. Boulevard shall include a minimum of 60% Build to Line (BTL)as described in the Palm Valley Area Plan, for the purpose of creating a more urban streetscape. Building setbacks on the 7.914 acre tract fronting Joe DiMaggio. Boulevard shall include a minimum of 30% Build to Line. The Build to Line shall be established at a point 20 ft from the property lines along Joe DiMaggio Boulevard. 2 With the approval of the Director of Planning, this distance may be increased to allow for pedestrian passages or protected spaces that create wider sidewalk areas for cafes, patios or other types of outdoor pedestrian activities as well as driveways and access to parking. Buildings along curved portions of Joe DiMaggio Boulevard are required to have one or more points tangent to the BTL (eliminates the unintended requirement for curved walls which is not the intent of the standards). The BTL may be averaged when there are two or more contiguous lots. 5.3.2 There is no Build To Line along Palm Valley Boulevard or Arterial "A". 5.4 Exterior Finish 5.4.1. The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed50% of the exterior finish of a building. 5.4.2. Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study attached hereto as Exhibit "E". 6. SERVICE & LOADING AREAS 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. However, because of the pedestrian orientation of some buildings some deliveries shall be permitted in areas visible from the street. No merchandise metal containers may be left stored in any parking area overnight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on-site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas 3 Service areas will be screened from adjacent tracts and all public rights- of—way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading areas All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on-site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on-site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights-of-way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on-site between collections. 6.6 Street Level Mechanical Equipment All ground -mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7 Roof Mounted Mechanical Equipment All roof mounted mechanical elements must be screened from view from the public right-of-way. Screening must be compatible with the building design. 7. LANDSCAPING 7.1 Landscape Easement adjacent to public streets A ten foot (10') wide landscape easement shall be provided abutting the public rights-of-way or PUE Iocated along all public streets. All areas located 4 within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and Landscaping requirements as described in the Code. 7.2 Street Trees Street trees shall be planted within the landscape easement described in Section 7.1, above. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3 -inches and shall be selected from one of the following species. • All species of Oak • Pecan • Elm and Cedar Elm • Other species approved in writing by the Director of Planning & Community Development. 7.3 Open Space All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 7.4 Rights of Way Areas within the road right-of-way must be landscaped only in accordance with a license agreement with the City. 7.5 Grass All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub 5 and groundcover areas is required. The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 7.6 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.7 Parking Areas In all vehicular use and parking areas, a minimum of 90 square feet of landscaped strips, islands, peninsulas, medians, or other landscaped areas must be designed for each nine (9) parking spaces. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.8 Tree Protection Protected Trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected Trees shall be credited against Landscaping requirements as stated in the Code. 8. UTILITY LINES All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. PARKING LOT LIGHTING All light fixtures shall be shielded or hooded so that light is directed downward to minimize excessive glare and sky glow pollution. 10. SIGNS 10.1 All freestanding signs shall be monument signs, as defined in the Code. 10.2 Freestanding signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for lots of less than three acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square 6 EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT AREA "B" TOWNHOUSE The following Development Standards shall applyAreal`ddeve" onlopment ExhitoCportions of the Property which are identified as Develop ment 1. PERMITTED USES The following uses are permitted. Unless do umenteshalllcbeed, the those foundefinitions inhe of all terms used to describe uses in this Zoning Code of the City of Round Rock, as amended. All TH (Townhouse) uses identified in the City of Round Rock Zoning Ordinance, including Townhouses at a maximum density of 9 units per acre. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height shall be limited to three (3) stories. c) Building Setbacks i. Minimum building fifteen feet (15'). ii. Minimum building (20'). iii. Minimum building setback from private drive aisles shall be twenty feet (20'). iv. Carports and garages shall not be permitted within the required setback from private drive aisles. setback from setback from Joe DiMaggio Boulevard ROW shall be Arterial "A" ROW shall be twenty feet 8 DATE: September 17, 2008 SUBJECT: City Council Meeting — September 25, 2008 ITEM: 1361. Consider an ordinance amending Planned Unit Development (PUD) No. 44, Legends Village Section 4, to rezone 31.025 acres of land for townhouse, commercial and office development (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Clyde von Rosenberg, Senior Planner Justification: PUD No. 44 was approved in 2000 and provided for a commercial development area and a multi -family development area. The commercial development area, approximately 25.5 acres, is partially developed with office condominiums. The multi -family development area, approximately 32.1 acres remains undeveloped. The amendment to the PUD would affect the 32.1 acre area by changing the designation from multi -family, with 20 units per acre allowed, to three separate use areas: 24.1 acres for townhouses at nine (9) units per acre, 1.1 acres for commercial and 3.7 acres for office. Joe DiMaggio Boulevard will be extended to the west of Arterial A as a two-lane collector street to serve the three use areas and provide an access point to the Palm Valley Lutheran Church property. A fifteen foot wide landscape easement will be provided adjacent to the Palm Valley Lutheran Church property and all public parkland. All buildings are limited to a maximum of three stories. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Planning and Zoning Commission recommended approval of the proposed zoning change at their meeting on August 27, 2008. 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 August 27, 2008. RECORDED DOCUMENT FOLLOWS 11 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK 11 11111 110111111 11IIIIII II ORD 44 PGS 2008078106 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 -08-09-25-13B1 which amends Ordinance No. Z -00-09-14-9B2 adopted by amending sections II.1, II.2, II.4.1, II.5, II.10.1, II.11 and Exhibit "D". This ordinance was approved and adopted by the Round Rock City Council at a regular meeting held on 25th day of September 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 1St day of October 2008. SARA L. WHITE, City Secretary ORDINANCE NO. (Y/2'09 -'' (3 R' 1 AN ORDINANCE AMENDING ORDINANCE NO. Z -00-09-14-9B2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON SEPTEMBER 14, 2000, BY AMENDING SECTIONS II.1, II.2, II.4.1, II.5, II.10.1, II.10.2, II.11, AND EXHIBIT "D" OF PUD NO. 44, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on the 14th day of September, 2000, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z -00-09-14-9B2, which established PUD No. 44, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, to amend Sections II.1, II.2, II.4.1, II.5, II.10.1, II.10.2, II.11 and Exhibit "D" of PUD No. 44, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -00-09-14-9B2 on the 27th day of August, 2008, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z -00-09-14-9B2 be amended, and WHEREAS, on the 25th day of September, 2008, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z -00-09-14-9B2, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z -00-09-14-9B2 promotes the health, safety, morals and general welfare of the community, and O:\WDOX\ORDINANC\080925B1.DOC/rmc WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300, 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 hereby determines that the proposed amendment to Planned Unit Development (PUD) District #44 meets the following goals and objectives: (1) The amendment to P.U.D. #44 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #44 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #44 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. 2 II. That Section II.1 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.1, which shall read as follows: 1. DEFINITIONS 1.1 Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code". 1.2 The following shall apply to the area described in Exhibit "A-1" of this Plan: Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, as amended, hereinafter referred to as "The Code". III. That Section II.2 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.2, which shall read as follows: 2. PROPERTY This Development Plan ("Plan") covers approximately 57.641 acres of land, located within the City limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A" and Exhibit "A-1", attached hereto. Exhibit "A-1" describes an approximately 31.025 acre portion of the 57.461 acres. IV. That Section II.4.1 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.4.1, which shall read as follows: 3 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances (1) 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 applicable sections of the Code. (2) The following shall apply to the area described in Exhibit "A-1" of this Plan: 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 TH (Townhouse), C -la (General Commercial — Limited) and OF (Office) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, the Plan shall supersede the specific conflicting provisions of the Code. V. That Section II.5 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section 11.5, which shall read as follows: 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibit "C" and Exhibit "C- 1", attached hereto and incorporated herein. VI. That Section II.10.1 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby amended to read as follows: 10. STREET SYSTEM, RIGHT OF WAY ACQUISITION: 10.1 Arterial A The Owner shall provide a 120 foot wide right of way south of the intersection of proposed Arterial A with the "Joe DiMaggio Boulevard", to accommodate the 4 future construction of Arterial A across the property as generally shown on Exhibit "C" and on Exhibit "C-1". The rights of way shall be dedicated with the first plat of the Property. VII. That Section II.10.2 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.10.2, which shall read as follows: 10. STREET SYSTEM, RIGHT OF WAY ACQUISITION: 10.2 Collector Streets (1) The Owner has provided an 80 -foot right of way for Joe DiMaggio Boulevard as approved by the City and as generally shown on Exhibit "C". This shall be provided with the first plat of the Property. (2) The Owner shall dedicate 65 feet of additional right-of-way for Joe DiMaggio Boulevard, as generally shown on Exhibit "C-1". This shall be provided with the first plat of the Property. VIII. That Section II.11 of the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new Section II.11, which shall read as follows: 11. ARTERIAL & COLLECTOR STREET CONSTRUCTION: 11.1 Arterial A The Owner shall construct a 24 foot cross section street, designed to be one half of a dual 24 foot (with future median) cross section street to a point approximately 600 feet north of Joe DiMaggio Blvd. This construction shall include a 32 foot wide bridge across Chandler Creek. This road and bridge shall be constructed simultaneously with the construction of improvements for the first section of the Commercial/Multi-Family subdivision south of Chandler Creek. 5 The City of Round Rock intends for Arterial A to be located in an underpass beneath U. S. Highway 79 and the railroad. Therefore, the City shall be solely responsible for the construction of that portion of Arterial A, south of its intersection with Joe DiMaggio Boulevard, shown on Exhibit "C". 11.2 Major Collector Streets (1) The Owner shall construct Joe Dimaggio Boulevard, generally shown on Exhibit C, as a four (4) lane Commercial Collector Street when any portion of the Property is platted. (2) The Owner shall design and construct Joe DiMaggio Boulevard, generally shown on Exhibit "C-1", as a two (2) lane Local Collector Street, containing 37 feet of pavement. The road shall be designed and constructed in accordance with the City design and Construction Standards — Transportation Criteria Manual, prior to the recordation of a final plat for any portion of the property. (3) No parking shall be permitted on the portion of Joe DiMaggio Boulevard for a distance of 200 feet from the intersection with Arterial "A". The roadway shall be striped to accommodate three lanes of traffic for this 200 foot section of the roadway. 11.3 Traffic Signal (1) The City Transportation Services Department, in cooperation with the Owner, has calculated the Plan's impact on the need for a traffic signal at the Joe DiMaggio Boulevard/Arterial "A" intersection to be 11.38%. The Owner shall pay an amount equal to 11.38% of the cost of a traffic signal at this intersection prior to the recordation of the first plat of the Property. Alternatively, the Owner may elect to prepare and submit a TIA (subject to the specifications of the Transportation Criteria Manual and any other applicable City ordinances), which must be approved by the Director of Transportation Services prior to the first plat of this Property. The Owner must meet any requirements of the TIA prior to the recordation of the first plat of the Property. (2) The timing of the design and construction of the traffic signal at Joe DiMaggio and Arterial "A" shall be the sole determination of the Director of Transportation Services. IX. That a new Section II.20 is hereby included in the Development Plan of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, which shall read as follows: 6 20. EMERGENCY ACCESS: Emergency access will be provided from the tract to the west. A driveway, access easement and gate will be provided prior to the issuance of a Site Development Permit. X. That the section titled "Development Area 'B' - Mixed Use Residential" of Exhibit "D" - Development Standards of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby deleted in its entirety, and replaced with a new section titled "Development Area 'B' - Townhouse", which shall read as follows: DEVELOPMENT AREA "B" TOWNHOUSE The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "B" on Exhibit "C-1" 1. 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. All TH (Townhouse) uses identified in the City of Round Rock Zoning Ordinance, including Townhouses at a maximum density of 9 units per acre. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. 7 c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). iii. Minimum building setback from private drive aisles shall be twenty feet (20'). iv. Carports and garages shall not be permitted within the required setback from private drive aisles. v. The boundary of any private drive aisles which provide access to buildings located on a common lot shall be considered the same as a Street (ROW) boundary for the purpose of measuring and defining Setbacks. 3. LANDSCAPING a) Street Yard Determination The Street Yard definition is hereby amended in this Plan, for the purpose of applying the Landscaping standards contained in Section 11.501 of the Code, to allow for the street yard to be calculated by substituting a private drive aisle for the street right-of-way. b) Open Space All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including but not limited to front, side, and rear building setback areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. c) Landscape Easement A fifteen foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping. 8 4. UTILITY SERVICES 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. 5. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. XI. That Exhibit "D" - Development Standards of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby amended to include a section titled "Development Area 'C' - Commercial", which shall read as follows: DEVELOPMENT AREA "C" COMMERCIAL The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "C" on Exhibit "C-1" 1. 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. All C-1 a (General Commercial — Limited) uses identified in the City of Round Rock Zoning Ordinance. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. 9 b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). d) Landscape Easement A fifteen foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping. 3. UTILITY SERVICES 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. 4. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. XII. That Exhibit "D" - Development Standards of PUD No. 44, as approved in Ordinance No. Z -00-09-14-9B2, is hereby amended to include a section titled "Development Area 'D' - Office", which shall read as follows: DEVELOPMENT AREA "D" OFFICE The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "D" on Exhibit "C-1" 10 1. 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. All OF (Office) uses identified in the City of Round Rock Zoning Ordinance. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). 5. UTILITY SERVICES 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. 6. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. XIII. 11 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. 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 D,5tb day of t , 2008. Alternative 2. READ and APPROVED on first reading this the , 2008. day of READ, APPROVED and ADOPTED on second reading this the day of , 2008. C(' -Ylei ALAN MCGRAW, Mayor 12 City of Round Rock, Texas SARA L. WHITE, City Secretary EXHIBIT "A" AUSTIN SURVEYORS P.O. BOX 130243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #101 (512)454-660S FIELD NOTES FOR .7.914 ACRES Attachment to Plat 974MFP2 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the south line of the above mentioned 168.9883 acre tract for the Southwest comer of this tract from which iron pin an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest comer of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records bears N 89°43'55" W 632.30 feet, N 06°05'33" W 217.80 feet, and N 89°58'34" W 1098.63 feet THENCE N 24°39'10" W 86.11 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 700.00 feet and a central angle of 20°16'24". THENCE with the arc of the said curve 247.69 feet the long chord of which bears N 14°30'58" W 246.40 feet to an iron pin set for the PT of the said curve. THENCE N 04°22'46" W 74.82 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 20.00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 31.42 feet the long chord of which bears __N 40°37'14" E 28.28 feet to an iron pin set for the PT of the said curve. THENCE N 85°37'14" E 101.23 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 295.00 feet and a central angle of 06°48'37". THENCE with the arc of the said curve 35.06 feet the long chord of which bears N 89°01'33" E 35.04 feet to an iron pin set for the PT of the said curve. THENCE S 87°34'08" E 399.65 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 420.00 feet and a centralangle of 60°27'25". THENCE with the arc of the said curve 443.17 feet the long chord of which bears S 57°20'26" E 422.90 feet to an iron pin set for the PT of the said curve. THENCE S 27°06'43" E 202.46 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast comer of this tract. THENCE N 89°43' 55" W 898.60 feet to the POINT OF BEGINNING, containing 7.914 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief.. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. a'>7 Claude F. .4e, e, Jr. R_PP..L. S. No. 4629 O7 47 ate 974.DOC AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE N103 (512)4546605 FIELD NOTES FOR 17.613 ACRES Attachment to Sketch 974MFP1 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an "X" cut in a brick column found on the Northwest line of U.S. Highway #79, for the Southeast comer of the above mentioned 168.9883 acre tract and the Southeast comer of this tract from which iron pin a 'h " iron pin found bears N 64°35'12" E 11.07 feet. THENCE S 68°37'16' W with the South line of the said 168.9883 acre tract 112.90 feet to an iron pin set at a fence post found in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 89°43'55" W with the South line of the said 168.9883 acre tract 267.92 feet to an iron pin set for the Southwest comer of this tract THENCE N°27 06"43" W 24190 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 500.00 feet and a central angle of 60°27'25". THENCE with the arc of the said curve 527.59 feet the long chord of which bears N 57°20'25" W 503.45 feet to an iron pin set for the PT of the said curve THENCE N 87°34'08" W 320.54 feet to an iron pin set for an angle point of this tract. THENCE N 02°25'52" E 7.79 feet to an iron pin set for an angle point of this tract THENCE N 80°43'20" E 78.14 feet to an iron pin set for an angle point of this tract. THENCE N 64°39'27" E 62.63 feet to an iron pin set for an angle point of this track THENCE N 47°33'58" E 194.89 feet to an iron pin set for an angle point of this tract. THENCE N 34°17'21" E 61.35 feet to an iron pin set for an angle point of this tract. THENCE N 09°42'23" E 61.35 feet to an iron pin set for an angle point of this tract. 17.6I3 acres PAGE 2 OF 2 THENCE N 12°11'23" W 189.93 feet to an iron pin set for an angle point of this tract. THENCE N 00°58'01" E 47.57 feet to an iron pin set in an angle point of the Northeast line of the above mentioned 168.9883 acre tract for an angle point of this tract. THENCE S 89°42'33" E with the Northeast line of the said 168.9883 acre tract 205.82 feet to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 8926'45" E with the Northeast line of the said 168.9883 acre tract at 415.1 feet pass a 60d nail found at a fence post and continue for a total of 484.18 feet to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 78°56'29" E with the Northeast line of the said 168.9883 acre tract 164.98 feet to an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 27°06'55" E 202.76 feet to a 60d nail found at a fence post for an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 00°02'14" E 777.04 feet to the POINT OF BEGINNING, containing 17.613 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my - supervision during March and June of 2000 and are correct to the best of my knowledge and belief. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. Claud F. I-Lnkle, Jr. RP.L.S. No. 4629 .a0 Dl�ate �� AUSTIN SURVEYORS P.O. BOX 18020 AUSTIN, TEXAS 7718 2105 JUSTIN LANE 5103 (512) 454-6605 FIELD NOTES FOR 32.114ACRES Attachment to Plat 974MFP2 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a Rart of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest comer of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records for the Southwest corner of this tract. THENCE N 14°16'31" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence comer post for an angle point of the said 10.893 acre tract and continue for a total of 563.35 feet to an iron pin set for angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 14°31'35" W with the West line of the said 168.9833 acre tract 251.50 feet to an iron pin set for the West comer of this tract. THENCE S 83°06'32" E 91.58 feet to an iron pin set for an angle point of this tract THENCE N 76°35'14" E 91.63 feet to an iron pin set for an angle point of this tract. THENCE N 66°40'44" E 61.74 feet to an iron pin set for an angle point of this ---tract. — THENCE N 45°47'37" E 83.64 feet to an iron pin set for an angle point of this tract. THENCE N 34°56'44" E 60.70 feet to an iron pin set for an angle point of this tract. THENCE N 42°53'54" E 60.70 feet to an iron pin set for an angle point of this tract. THENCE N 41°01'33" E 163.30 feet to an iron pin set for an angle point of this tract THENCE N 34°31'43" E 163.30 feet to an iron pin set for an angle point of this tract. THENCE N 64°19'22" E 173.60 feet to an iron pin set for an angle point of this tract THENCE S 38°44'30" E 173.60 feet to an iron pin set for an angle point of this tract THENCE S 11°35'54" E 282.58 feet to an iron pin set for an angle point of this tract. THENCE S 36°15'30" E 256.01 feet to an iron pin set for an angle point of this tract. THENCE S 58°41'34" E 178.95 feet to an iron pin set for an angle point of this tract 32.114 ACRES PAGE 2. OF Z.., THENCE N 82°09'52" E 161.60 feet to an iron pin set for an angle point of this tract THENCE S 04°22'46" E 330.25 feet to an iron pin set for an angle point of this tract. THENCE S 49°22'46" E 21.21 feet to an iron pin set for -an -angle point of this -- tract. - - THENCE S 04°22'46" E 115.00 feet to an iron pin set for an angle point of this tract THENCE N 85°37'14" E 120.00 feet to an iron pin set for an angle point of this tract. THENCE S 04°22'46" E 74.82 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of 20°16'24". THENCE with the arc of the said curve 247.69 feet the long chord of which bears S 14°30'58" E 246.40 feet to an iron pin set for the PT of the said curve. THENCE S 24°39'10" E 86.11 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast comer of this tract. THENCE N 89°43' 55" W 632.30 feet to an 'iron pin found in an angle point of the South line of the said 168.9883 acre tract for an angle point of this tract. THENCE N 06°05'33' E 217.80 feet to an iron pin set in an angle point of the said 168.9833 acre tract for an angle point of this tract. - THENCE N 89°58'34" W 1098.63 feet to the POINT OF BEGINNING, containing 32.114 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any ether use or purpose is e : ssly prohibited. - Claude F. e, Jr. R.P.L.S. No. 4629 Dy , 2ij D°tug. oG 974.DOC FIELD NOTES FOR 31.025 ACRES IEXHIBIT "A-1" All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found (stamped Austin Surveyors) on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Palm Swedish Lutheran Church of Brushy Parish by deed recorded in Volume 31, Page 12 of the above mentioned Deed Records for the Southwest corner of this tract. THENCE N 11°56'27" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence corner post for an angle point of the said 10.893 acre tract and continue for a total of 563.35 feet to a capped iron pin found (stamped Austin Surveyors) in angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 16°53'46" W with the West line of the said 168.9833 acre tract 251.59 feet to an iron pin found in the South corner of Legends Village Section 2 Phase 2 as recorded as Document No. 2007046039 of the said Official Records for the West corner of this tract. THENCE with the South line of the above mentioned Section 2 Phase 2 for the following nine (9) courses: 1) S 85°27'16" E 91.87 to an iron pin found for an angle point of this tract. 2) N 74°16'40" E 91.69 to an iron pin found for an angle point of this tract. 3) N 64°20'39" E 61.71 to an iron pin found for an angle point of this tract. 4) N 43°25'26" E 83.66 to an iron pin found for an angle point of this tract. 5) N 32°38'35" E 60.66 to an iron pin found for an angle point of this tract. 6) N 40°33'05" E 60.73 to an iron pin found for an angle point of this tract. 7) N 38°43'47" E 163.25 to an iron pin found for an angle point of this tract. 8) N 32°12'49" E 163.26 to an iron pin found for an angle point of this tract. 9) N 61°58'33" E 173.56 to an iron pin found for the Southeast corner of the said Phase 2 and the West corner of Legends Village Section 2 Phase 1 as recorded as Document No. 2006096703 of the said Official Records for the North corner of this tract. THENCE with the South line of the above mentioned Section 2 Phase 1 for the following three (3) courses: 1) S 41°03'38" E 173.58 to an iron pin found for an angle point of this tract. 2) S 13°55'40" E 283.12 to a capped iron pin found (stamped CCC) for an angle point of this tract. 3) S 38°40'27" E 240.30 to an iron pin set for an angle point of this tract. THENCE with the North line hereof and the approximate center of Chandler Creek for the following six (6) courses: 1) S 12°23'08" E 81.64 for an angle point of this tract. 2) S 02°32'36" E 47.99 for an angle point of this tract. 3) S 47°52'20" E 117.11 for an angle point of this tract. 4) S 76°50'59" E 70.95 for an angle point of this tract. 5) S 81 °27'56" E 77.54 for an angle point of this tract. 6) S 76°30'39" E 97.56 to a point on the West line of Arterial "A" as set out on the plat of Legends Village Section One as recorded as Document No. 2003005857 of the said Official Records for the Northeast corner of this tract. THENCE S 06°42'27" E with the West line of Arterial "A" 142.49 to a capped iron pin found for an angle point of this tract. THENCE S 51°42'27" E with the West line of Arterial "A" 21.21 to a capped iron pin set for an angle point of this tract. THENCE S 06°42'40" E with the West line of Arterial "A" 115.29 to a capped iron pin set for an ell comer of this tract. THENCE N83° 19'22" E 120.00 to a capped iron pin found (stamped CCC) on the West line of Lot 1A Block A of the Replat of Legends Village Section Three as recorded as Document No. 2003051649 of the said Official Records for an ell corner of this tract. THENCE S 06°41'09" E 74.82 to an iron pin found in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of20°16'59". THENCE with the arc of the said curve 247.80 feet the long chord of which bears S 16°48'49" E 246.51 feet to an iron pin found for the PT of the said curve. THENCE S 27°04'41" E 77.29 feet to an iron pin found on the South line of the said 168.9883 acre tract and the North line of a 1.975 acre tract of land conveyed to the City of Round Rock by deed recorded in Volume 2004075638 of the said Official Records for the Southeast corner of this tract. THENCE S 87°15'56" W with the North line of the above mentioned 1.975 acre tract and the North line of a 15.99 acre tract of land, designated as Tract 4 in Document No. 2003063811 of the said Official Records 628.85 feet to a 3/8" iron pin found on the East line of the above mentioned 533 acre tract, in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 03°49'39" E 217.41 to a capped iron pin found (stamped CCC) in the Northeast corner of the said 5.33 acre tract for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE S 87°42'41" W 1098.85 feet to the POINT OF BEGINNING containing 31.025 acres of land. Austin Surveyors 2105 Justin Lane, Ste 103 Austin, Tex. :7 Claude . inkle, Jr., R.P.L.S. No. 4629Q- AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 FIELD NOTES FOR 24.083 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found (stamped Austin Surveyors) on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest corner of a 5.33 acre tract of land conveyed to the Palm Swedish Lutheran Church of Brushy Parish by deed recorded in Volume 31, Page 12 6f --the above mentioned Deed -Records for the Southwest corner of this tract. THENCE N 11°56'04" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence corner post for an angle point of the said 10.893 acre tract and continue for a total of 563.32 feet to a capped iron pin found (stamped Austin Surveyors) in angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 16°54'57" W with the West line of the said 168.9833 acre tract 251.68 feet to an iron pin found in the South corner of Legends Village Sec ion 2 Phase 2 as recorded as Document No. 2007046039 of the said Official Records for the West corner of this tract. THENCE with the South line of the above mentioned Section 2 Phase 2 for the following nine (9) courses: 1) S 85°26'03" E 92.05 to an iron pin found for an angle point of this tract. 2) N 74°16'40" E 91.69 to an iron pin found for an angle point of this tract. 3) N 64°20'39" E 61.71 to an iron pin found for an angle point of this tract. 4) N 43°25'26" E 83.66 to an iron pin found for an angle point of this tract. 5) N 32°38'35" E 60.66 to an iron pin found for an angle point of this tract. 6) N 40°33'05" E 60.73 to an iron pin found for an angle point of this tract. 7) N 38°43'47" E 163.25 to an iron pin found for an angle point of this tract. 8) N 32°12'49" E 163.26 to an iron pin found for an angle point of this tract. 9) N 61°58'33" E 173.56 to an iron pin found for the Southeast corner of the said Phase 2 and the West corner of Legends Village Section 2 Phase 1 as recorded as Document No. 2006096703 of the said Official Records for the North corner of this tract. 24.083 ACRE PAGE 2 OF 3 THENCE with the South line of the above mentioned Section 2 Phase 1 for the following nine (9) courses: 1) S 41°03'38" E 173.58 to an iron pin found for an angle point of this tract. 2) S 13°55'40" E 283.12 to a capped iron pin found (stamped CCC) for an angle point of this tract. 3) S 38°40'27" E 240.30 to an angle point of this tract. 4) S 12°23'08" E 81.64 feet to an angle point of this tract. 5) S 02°32'36" E 47.99 feet to an angle point of this tract 6) S 47°52'20" E 117.11 feet to an angle point of this tract 7) S 76°50'59" E 70.95 feet to an angle point of this tract 8) S 81°27'56" E 77.54 feet to an angle point of this tract. 9) S 76°30'09" E 97.56 feet to a point on the West line of Arterial "A" as set out on the plat of Legends Village Section One as recorded as Document No. 2003005857 of the said Official Records for the Northeast corner of this tract. THENCE S 06°42'27" E with the West line of Arterial "A" 68.31 feet to a reentrant corner of this tract. THENCE N 70°16'59" THENCE N 62°27'36" THENCE N 54°37'54" THENCE N 71°04'42" THENCE S 82°38'39" THENCE N 77°30'08' THENCE N 69°55'01' THENCE S 45°27'11" THENCE S 06°57'14" THENCE S 50°20'34" THENCE N 72°51'20' THENCE S 48°29'32" THENCE S 79°53'51' THENCE S 38°45'50' W 23.67 feet to an angle point of this tract W 37.55 feet to an angle point of this tract. W 15.57 feet to an angle point of this tract. W 31.88 feet to an angle point of this tract. W 20.51 feet to an angle point of this tract. ' W 35.57 feet to an angle point of this tract. ' W 80.57 feet to an angle point of this tract. W 23.76 feet to an angle point of this tract. E 90.71 feet to an angle point of this tract. W 15.54 feet to an angle point of this tract. ' W 16.94 feet to an angle point of this tract. W 34.24 feet to an angle point of this tract. ' W 45.05 feet to an angle point of this tract. ' W 29.31 feet to an angle point of this tract. THENCE S 21°47'38" E 27.56 feet to the PC of a curve to the right said curve having a readius of 417.50 feet and a central angle of 04°02'00". THENCE with the arc of the said curve 29.39 feet the long chord of which bears N 69°38'58" W 98.25 feet to the PT of the said curve and the PC of a curve to the left said curve having a radius of 863.06 feet and a central angle of 04°28'16". 24.083 ACRES PAGE 3 OF 3 THENCE with the arc of the said curve 67.35 feet said curve having a long chord which bears S 25°37'14" W 49.60 feet to the PT of the said curve and the PC of a curve to the left said curve having a radius of 205.61 feet and a central angle of 13°51'17". THENCE with the arc of the said curve 49.72 feet, said curve having a long chord which bears S 06°08'07" W 49.60 feet to the PT of the said curve and the PC of a curve to the left said curve having a radius of 532.50 feet and a central angle of 04°34'48". THENCE with the arc of the said curve 42.57 feet the long chord of which bears S 06°07'03" W 42.55 feet to the PT of the said curve THENCE S 03°49'39" W 127.06 feet to a capped iron pin found (stamped CCC) in the Northeast corner of the said 5.33 acre tract for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE S 87°42'41"W 1033:45 feet to the -POINT OF -BEGINNING containing 24.083 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2008 and are correct to the best of my knowledge and belief. These field notes were prepared for a development agreement. Any use of this description by any person for any other purpose is expressly prohibited. c CLAUDE F. HINKLE JR.D -°-p 4629 P: a Dom^ °FFE SS or. O V \�a S U R`I �` L V ClauZle. Hinkle, Jr. R.P.L.S. No. 4629 Date 23f 1644.doc AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE 11103 (512) 454-6605 FIELD NOTES FOR 1.104 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the West line of Arterial "A" as set out on the plat of Legends Village Section One as recorded as Document No. 2003005857 of the said Official Records for the Northeast corner of this tract from which point the Southeast corner of of Legends Village Section 2 Phase 1 as recorded as Document No. 2006096703 of the above mentioned Official Records bears N 06°42'27" E 187.86 feet. THENCE S 06°42'27" E with the West line of Arterial "A" 71.30 feet to an angle point of this tract THENCE S 38°12'17" W 56.66 feet to an angle point of this tract. THENCE S 83°07'00" W 134.28 feet to the PC of a curve to the right said curve having a radius of 417.50 feet and a central angle of 25°13'02". THENCE with the arc of the said curve 183.75 feet, the long chord of which bears N 84°16'29" W 182.27 feet to the PT of the said curve. THENCE N 21°47'38" THENCE N 38°45'50" THENCE N 79°53'51' THENCE N 48°29'32' THENCE S 72°51'20" THENCE N 50°20'34' THENCE N 06°57'14' THENCE N 45°27'11' THENCE S 69°55'01" THENCE S 77°30'08" THENCE N 82°38'39' THENCE S 71°04'42" W 27.57 feet to an angle point of this tract. E 29.31 feet to an angle point of this tract. ' E 45.05 feet to an angle point of this tract. ' E 34.24 feet to an angle point of this tract. E 16.94 feet to an angle point of this tract. ' E 15.54 feet to an angle point of this tract. ' W 90.71 feet to an angle point of this tract. ' E 23.76 feet to an angle point of this tract. E 80.57 feet to an angle point of this tract. E 35.57 feet to an angle point of this tract. ' E 20.51 feet to an angle point of this tract. E 31.88 feet to an angle point of this tract. 1'.104 ACRES THENCE S 54°37'54" E 15.57 feet to an angle point of this tract. THENCE S 62°27'36" E 37.55 feet to an angle point of this tract. PAGE 2 OF 2 THENCE S 70°16'59" E 23.67 feet to to the POINT OF BEGINNING containing 1.104 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2008 and are correct to the best of my knowledge and belief. These field notes were prepared for a development agreement. Any use of this description by any person for any other purpose is expressly prohibited. QA> OF 7- A /NP cG S T E R rkPA (C) : Q- �\ �CLAUDE F. HINKLEJR. r`,. 4629 D om .1' E 5 5 0?. o D D� o _.. SUR c V � add Claude Ip. Hinkle, Jr. R.P.L.S. No. 4629 SEP 2 3 2008 Date 1644.doc . AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454-6605 Accompaniment for plat 1644 -rev FIELD NOTES FOR 3.757 ACRES All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas and being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found on the East line of a 5.33 acre tract of land conveyed to the Palm Swedish Lutheran Church of Brushy Parish by deed recorded in Volume 31, Page 12 of the Deed Records of Williamson County, Texas and the North line of a of a 15.99 acre tract of land, designated as Tract 4 in Document No. 2003063811 of the above mentioned Official Records, in an angle point of the above mentioned 168.9883 acre tract, for the Southwest corner of this tract. THENCE N 03°49'39" E 217.41 to a capped iron pin found (stamped CCC) in the Northeast corner of the above mentioned 5.33 acre tract for an angle point of the said 168.9883 acre tract and an angle point of this tract. THENCE N 03°49'39" E 120.10 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 467.50 feet and a central angle of 04°34'48". THENCE with the arc of the said curve 37.37 feet, the long chord of which bears N 06°07'03" E 37.39 feet to an iron pin set for a point of compound curvature. THENCE with the arc of a curve to the right 55.62 feet, said curve having a radius of 35.06 feet, a central angle of 90°54'00", and a long chord which bears N 53°51'27" E 49.97 feet to an iron pin set for a point of reverse curvature. THENCE with the arc of a curve to the left 136.35 feet said curve having a radius of 482.50 feet, a central angle of 16°11'27" and a long chord which bears S 88°47'16" E 135.89 feet to an iron pin set for the PT of the said curve. THENCE N 83°07'00" E 149.09 feet to an iron pin set for an angle point of this tract. THENCE S 51°47'08" E 56.49 feet to an iron pin set for an angle point of this tract. THENCE S 06°41'09" E 63.02 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 820.00 feet and a central angle of 20°17'30". THENCE with the arc of the said curve 290.41 feet, the long chord of which bears S 16°49'07" E 288.89 feet to an iron pin set for the PT of the said curve. THENCE S 27°04'41" E 23.12 feet to an iron pin set on the South line of the said 168.9883 acre tract and the North line of a 1.975 acre tract of land conveyed to the City of Round Rock by deed recorded in Volume 2004075638 of the said Official Records for the Southeast corner of this tract. 3.757 ACRES PAGE 2 OF 2 THENCE S 87°15'56" W with the North line of the above mentioned 1.975 acre tract and the North line of a 15.99 acre tract of land, designated as Tract 4 in Document No. 2003063811 of the said Official Records 497.14 feet to the POINT OF BEGINNING containing 3.757 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on -the -ground survey made under my supervision during May of 2008 and are correct to the best of nay knowledge and belief. These field notes were prepared for a loan document. Any use of this description by any person for any other purpose is expressly prohibited. �� E OF �F�A P • G\sT(R.J L- o �� CLAUDE F HINKLE JR. V % r ? 4629 �, 'P P � D�O4. a FFESS' Qd� Clau. - . Hinkle, Jr. R.P.L.S. No. 4629 SEP _ 2_3 2008 Date 1644.doc EXHIBIT "B" Lienholder's Consent There are no Lienholders of Record. Q) of _ u .ci) +-, _ 0 N 89'26'42"E 9Z1 M„ S4,10.00 S 3% ,4Z'LLL 127 N r 0' ,94 S >>'35.54+E5 282.58 z 9- a 0 9, 1 A S 04'22'46"E 330.25' N 32. tza T14 U .ti z o a Lo co At - o; o 0 n 0 M a A T16 3 O W 0—_ CC,S0.90 N N 89'43`55"W499.98 z N Mmv)MMM�")�0 O N0 w 0mnnmu1ooaomm0 U Na.-.-mnv)aNnM tD mn0 c0 aoa O 0 e - Nrr.-NN (5 W W Ww W ww x 2 W N'O.MMNMo0f0MO O N!nNNN.-Md.-.NO Z piton N,-(0 N'O j.MN MM�a.-OaNMaN 7he)0,-OWNom'- 0)tOdMO.-OaO -Du w ZZZZ22M00z0 (1) M14101,m NM O FFFN-H FN4V)(-FN-�MporM- 0 N ap.--Ndhn� ON�NnaO -NnwONo('4 ap n O COURSE BEARING W W WW W WWW WW NWM*,00*InmN0 Aaard.-.-a OWN 0)NNn(Vmn(O:}u7M O N NMNMM O MN a w-ro mo 0D4,4 N a0a00NWNapOO zowzmozwzzz NM au)'on a00)O.NN-Ny 1-FF-FF-F'�l-FF-F- w Z a O ON ONNMM�O 0m 1/3 mrnmm,0,0'0onnn 0 COURSE BEARING WWaWWWWWWWpW W i)")04.(0M")ma.- OMvau�NOM•-da iq'0101n7N-7410(0 wn(0- (aa((OM If) WZZZZZZZZViN C:\ACLT 97\ACRD\974mfp.dw9 z July 16, 2007 0 LI 0 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. 0 la II - 0 Z 4t 0 .1 — —1 /- 5 8 (:) Z Z 0 biJ tn• "tEc L 1.1.1 Et 6 < Z L01 Q. 0 LiJ EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT AREA "A" COMMERCIAL The Following Development Standards shall apply to all development on portions of the Property, which are generally identified as Development Area "A" on Exhibit "C". 1. PERMITTED USES: The following principal uses are permitted: All C-1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. 2. PROHIBITED USES: The following uses are prohibited on the property: mini -warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER The Palm Valley Area Plan designates the property as an "Urban Activity Center". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Outdoor cafes, outdoor dining and other outdoor commercial and civic activities are encouraged. • Consistently designed landscape treatments should be included as part of site plans for the property. • Site plans should be designed to utilize the interface with parkland adjoining the property. 1 Site plans should be designed to provide pedestrian access between the property and the adjoining public park. • Building setbacks should include a percentage of build to lines" identified in Section 5.3 of this Exhibit. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element and as shaded pedestrian walkways, as identified in Section 7 of this Exhibit. • Prohibit certain building materials as identified in Section 4 of this Exhibit. • Establish a consistent form and design for signage. 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) 5. DESIGN STANDARDS: 5.1 Height The maximum of buildings on the Property shall be three stories. 5.2 Building Setbacks 5.2.1 Minimum Building Setbacks from Joe DiMaggio Boulevard shall be twenty feet (20'). 5.2.2 Minimum Building Setbacks from Arterial "A" shall be thirty feet (30'). 5.3. Build To Lines 5.3.1 Building setbacks on the 17.613 acre tract fronting Joe DiMaggio Boulevard shall include a minimum of 60% Build to Line (BTL) as described in the Palm Valley Area Plan, for the purpose of creating a more urban streetscape. Building setbacks on the 7.914 acre tract fronting Joe DiMaggio Boulevard shall include a minimum of 30% Build to Line. The Build to Line shall be established at a point 20 ft from the property lines along Joe DiMaggio Boulevard. 2 With the approval of the Director of Planning, this distance may be increased to allow for pedestrian passages or protected spaces that create wider sidewalk areas for cafes, patios or other types of outdoor pedestrian activities as well as driveways and access to parking. Buildings along curved portions of Joe DiMaggio Boulevard are required to have one or more points tangent to the BTL (eliminates the unintended requirement for curved walls which is not the intent of the standards). The BTL may be averaged when there are two or more contiguous lots. 5.3.2. There is no Build To Line along Palm Valley Boulevard or Arterial "A". 5.4 Exterior Finish 5.4.1. The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed 50% of the exterior finish of a building. 5.4.2. Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study attached hereto as Exhibit "E". 6. SERVICE & LOADING AREAS 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. However, because of the pedestrian orientation of some buildings some deliveries shall be permitted in areas visible from the street. No merchandise metal containers may be left stored in any parking area overnight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on-site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas 3 Service areas will be screened from adjacent tracts and all public rights-of- way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading area All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on-site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on-site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights-of-way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on-site between collections. 6.6 Street Level Mechanical Equipment All ground -mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7. Roof Mounted Mechanical Equipment All roof mounted mechanical elements must be screened from view from the public right-of-way. Screening must be compatible with the building design. 7. LANDSCAPING 7.1 Landscape Easement adjacent to public streets A ten foot (10') wide landscape easement shall be provided abutting the public rights-of-way or PUE located along all public streets. All areas located 4 within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and Landscaping requirements as described in the Code. 7.2 Street Trees Street trees shall be planted within the landscape easement described in Section 7.1, above. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3 -inches and shall be selected from one of the following species. All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. 7.3 Open Space All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 7.4 Rights of Way Areas within the road right-of-way must be landscaped only in accordance with a license -agreement with the City. 7.5 Grass All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas shrub and groundcover areas is required. The edging material will be concrete, steel, 5 brick, or stone. No plastic edging is allowed. Use of narrow paving " inowstrips" is allowed around building foundations for easy maintenance. 7.6 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.7 Parking Areas In all vehicular use and parking areas, a minimum of 90 square feet of landscaped strips, islands, peninsulas, medians, or other landscaped areas must be designed for each nine (9) parking spaces. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.8 Tree Protection Protected Trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected Trees shall be credited against Landscaping requirements as stated in the Code. 8. UTILITY LINES All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. PARKING LOT LIGHTING All light fixtures shall be shielded or hooded so that light is directed downward to minimize excessive glare and sky glow pollution. 10. SIGNS 10.1 All freestanding signs shall be monument signs, as defined in the Code. 10.2 Freestanding signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for lots of less than three acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. The portions of a masonry structure on which the sign is located are not counted 6 as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 10.6 An Area Identification Sign for the Property shall be permitted at the intersection of Joe DiMaggio Blvd. and US 79. This sign shall meet all sign requirements of the Code. DEVELOPMENT AREA "B" TOWNHOUSE The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "B" on Exhibit "C-1" 1. 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. All TH (Townhouse) uses identified in the City of Round Rock Zoning Ordinance, including Townhouses at a maximum density of 9 units per acre. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks 7 i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). Minimum building setback from private drive aisles shall be twenty feet (20'). iv. Carports and garages shall not be permitted within the required setback from private drive aisles. v. The boundary of any private drive aisles which provide access to buildings located on a common lot shall be considered the same as a Street (ROW) boundary for the purpose of measuring and defining Setbacks. 3. LANDSCAPING a) Street Yard Determination The Street Yard definition is hereby amended in this Plan, for the purpose of applying the Landscaping standards contained in Section 11.501 of the Code, to allow for the street yard to be calculated by substituting a private drive aisle for the street right-of-way. b) Open Space All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including but not limited to front, side, and rear building setback areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. c) Landscape Easement A fifteen foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping. 8 4. UTILITY SERVICES 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. 5. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. DEVELOPMENT AREA "C" COMMERCIAL The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "C" on Exhibit "C-1" 1. 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. All C -la (General Commercial — Limited) uses identified in the City of Round Rock Zoning Ordinance. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks 9 i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). d) Landscape Easement A fifteen foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping. 3. UTILITY SERVICES 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. 4. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. DEVELOPMENT AREA "D" OFFICE The following Development Standards shall apply to all development on portions of the property which are identified as Development Area "D" on Exhibit "C-1" 1. 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. All OF (Office) uses identified in the City of Round Rock Zoning Ordinance. 2. DEVELOPMENT STANDARDS a) Palm Valley Overlay The provisions of Section 11.422 of the Zoning Code, the PV (Palm Valley 10 Overlay) District shall apply to the development of the Property. If there is a conflict between this Plan and Section 11.422, this Plan shall supersede the specific conflicting provisions of Section 11.422. b) Building Height The maximum building height in any Development Area of the property shall be limited to three (3) stories. c) Building Setbacks i. Minimum building setback from Joe DiMaggio Boulevard ROW shall be fifteen feet (15'). ii. Minimum building setback from Arterial "A" ROW shall be twenty feet (20'). 5. UTILITY SERVICES 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. 6. SIGNS a) All freestanding signs shall be monument signs, as defined in the Code. b) Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function, as determined by the Director of Planning. 11 EXHIBIT E 4.4 Building Design and Related Considerations The historical architectural precedent worth adopting as guidelines for future actions in Palm Valley is the building tradition which has produced some of the best quality places in this part of the world, over the last century — the Pioneer style. It is characterized by the following: • Front porches, back porches, wrap-around porches, add-on porches, cut-out porches • Stone walls of various stone coursing • Gable end roofs, some hip roofs, occasional hip -gable • Pitched roofs with multiple pitch angles • Galvanized metal roofing • Dormer windows • Pronounced stone chimneys • Breezeways between parts of buildings • Courtyards • Small add-on structures • Exterior stairs to upper Ievels ■ Exposed rafters at eaves ■ Rock fences • Arbors The Pioneer style should be suggested, to encourage a coherence of theme and to ensure retention of the character of Palm Valley and specific neighborhoods through time. Even very detailed guidelines and ordinances do not guarantee an expected interpretation or a desired result in terms of building design. Planning staff should have a mechanism in place to help interpret the guidelines as well as review individual projects or developers' prototypical designs for the area. The city may choose to employ a design professional or engage a third -party professional or, in the case of developers who produces detailed guidelines, allow the developers to specify their own design professional to interpret and approve the building design. 22 Ordinance No. Z -08-09-25-13B1 Amending Ordinance No. Z -00-09-14-9B2 (PUD No. 44) AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY I 221 E. MAIN STREET( "/\ ROUND ROCK, TEXAS 786 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2008078106 10/10/2008 02:28 PM KFOSTER $188.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS REcogueD ADMINA r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIII AMEN 16 PGS AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 November 9, 2010 John Avery, Jr. 1508 S. Lamar Austin, TX 78704 RE: Administrative Amendment to PUD No. 83 (Amendment No. 3) Dear Mr. Avery: Further to your request for administrative modifications of Planned Unit Development (PUD) No. 83 (University Village), the following changes to the Development Plan are hereby approved according to the provisions of Section 16.1 of the PUD: • II, 2. - Property shall read as follows: This Plan includes approximately 73.60 acres of land generally located at the southeast corner of University Boulevard and Sandy Brook Drive, within the city limits of Round Rock, Texas, and more particularly described in Exhibit A. • II, 5.5 - (Parcel 5 (±25.82 acres) - Open Space shall read as follows: (i) Z-oa--cel -2 -1381 Permitted Uses: (a) Park, Community (b) Park, Linear/ Linkages (c) Park, Neighborhood (d) Utilities, Minor (i) Minor utilities shall be treated as ground - mounted mechanical equipment and shall comply with the district -specific standards and any required landscaping standards in Section 46.195 of the Code of Ordinances, as amended. (e) Utilities, Intermediate (i) Intermediate utilities are required to provide an eight foot (8') high masonry fence (or alternate material approved in 2010085709 AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 writing by the Zoning Administrator) with landscaping in compliance with Section 46.195 of the Code of Ordinances, as amended. (ii) The facility shall be secured. (f) Water Detention and Water Quality Facilities (not to exceed four and one-half (4.5) acres) (g) Wireless Transmission Facilities, Attached (i) Wireless transmission facilities shall comply with the standards provided in Chapter 40, Article II of the Code of Ordinances, as amended. (h) Wireless Transmission Facilities, Stealth (i) Wireless transmission facilities shall comply with the standards provided in Chapter 40, Article II of the Code of Ordinances, as amended. (i) The minimum sidewalk width for sidewalks adjacent to a street is four feet (4'). • II, 6.1 (5) - Parcel 1 (Commercial/Office) shall read as follows: Within the right of way of University Village Drive (Campus Village Drive), street trees shall be planted as described below and in Exhibit E: (i) On the east side of Campus Village Drive, Live Oak trees with a minimum of a 3 -inch caliper measured at six inches (6") above base shall be planted at a spacing of not greater than forty feet (40'); (ii) On the west side of Campus Village Drive, Small Trees with a minimum of a one and one-half inch (1.5") caliper for a single trunk measured at six inches (6") above base and a minimum height of six feet (6') shall be planted at a spacing of not greater than twenty feet (20'), except where placement conflicts with driveways and site distances, as approved by the City. (iii) Trees shall consist of a minimum of 75% evergreen species. (iv) Live Oak Trees shall be planted with the development of the adjacent tracts of land and shall be credited toward the Street Yard Tree requirement in Section 46-195 (b) (3) of the Code. 2 AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 (v) Small Trees shall be planted with the development of the adjacent tracts of land and shall be credited toward the Perimeter Parking Lot requirement in Section 46-195 (c)(1) of the Code. (vi) Trees and landscaping shall be irrigated and maintained by a property owners association through a license agreement with the City. • II, 6.2 (2) (ii), (iii), (iv) & (iv) - Parcel 2 (Office/Commercial) are added: (ii) The minimum sidewalk width for sidewalks adjacent to a street is six feet (6'). (iii) Along Campus Village Drive, Small Trees with a minimum of a one and one-half inch (1.5") caliper for a single trunk measured at six inches (6") above base and a minimum height of six feet (6') shall be planted at a spacing of not greater than twenty feet (20'), except where placement conflicts with driveways and site distances, as approved by the City. (iv) Trees shall consist of a minimum of 75% evergreen species. (v) Small Trees shall be planted with the development of the adjacent tracts of land and shall be credited toward the Perimeter Parking Lot requirement in Section 46-195 (c)(1) of the Code. (vi) Trees and landscaping shall be irrigated and maintained by a property owners association through a license agreement with the City. • II, 6.3 (9), (10), (11) & (12) - Parcel 3 (Office) are added: (9) The minimum sidewalk width for sidewalks adjacent to Campus Village Drive is six feet (6'). (10) Along Campus Village Drive, Small Trees with a minimum of a one and one-half inch (1.5") caliper for a single trunk measured at six inches (6") above base and a minimum height of six feet (6') shall be planted at a spacing of not greater than twenty feet (20'), except where placement conflicts with driveways and site distances, as approved by the City. (11) Trees shall consist of a minimum of 75% evergreen species. 3 AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 (12) Small Trees shall be planted with the development of the adjacent tracts of land and shall be credited toward the Perimeter Parking Lot requirement in Section 46-195 (c)(1) of the Code. (13) Trees and landscaping shall be irrigated and maintained by a property owners association through a license agreement with the City. • II, 6.4 (6) (vi), (vii), (viii) & (ix) - Parcel 4 (Public Facilities/Multifamily/Senior Living) are added: (vii) The minimum sidewalk width for sidewalks adjacent to a street is six feet (6'). (viii) Along Campus Village Drive, Live Oak trees with a minimum of a 3 -inch caliper measured at six inches (6") above base shall be planted at a spacing of not greater than forty feet (40'); (ix) Live Oak Trees shall be planted with the development of the adjacent tracts of land and shall be credited toward the Street Yard Tree requirement in Section 46- 195 (b) (3) of the Code. (x) Trees and landscaping shall be irrigated and maintained by a property owners association through a license agreement with the City. • II, 6.6 (2) (i) Parcel 6 (Townhouse) is deleted. • II, 6.6 (2) (ii) Parcel 6 (Townhouse) is deleted. • II, 6.6 (8) - Parcel 6 (Townhouse) is added: (8) The minimum sidewalk width for sidewalks adjacent to a street is four feet (4'). • II, 6.7 (2) (iii) Parcel 7 (Office/Townhouse) is deleted. • II, 6.7 (2) (iv) Parcel 7 (Office/Townhouse) is deleted. • II, 6.7 (2) (x) - Parcel 7 (Office/Townhouse) is added: (x) The minimum sidewalk width for sidewalks adjacent to Sandy Brook is four feet (4') and the minimum sidewalk AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 width for sidewalks adjacent to Campus Village is six feet (6'). • II, 7 (1) (vii), (viii) & (ix) - Parcel 7 (Office/Townhouse) are added: (vii) Along Campus Village Drive, Small Trees with a minimum of a one and one-half inch (1.5") caliper for a single trunk measured at six inches (6") above base and a minimum height of six feet (6') shall be planted at a spacing of not greater than twenty feet (20'), except where placement conflicts with driveways and site distances, as approved by the City. (viii) Trees shall consist of a minimum of 75% evergreen species. (ix) Small Trees shall be planted with the development of the adjacent tracts of land and shall be credited toward the Perimeter Parking Lot requirement in Section 46-195 (c)(1) of the Code. (x) Trees and landscaping shall be irrigated and maintained by a property owners association through a license agreement with the City. • II, 10.2 (2) (b) - Sandy Brook Drive shall read as follows: (b) prior to any final plat recordation of Parcel 6 or prior to any Certificate of Occupancy being issued on Parcel 7. • II, 10.3 (3) - Satellite View shall read as follows: (3) Prior to the dedication and construction of the off-site portion of Satellite View between the eastern Property boundary and CR 112/ College Park Drive, the Developer shall provide the City with fiscal surety in the amount of 125% of the cost of construction of Satellite View east of University Village Drive to the eastern Property boundary: (a) prior to the issuance of a site development permit for Parcel 1d, if a site development permit has been issued for Parcel 4; AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 (b) prior to the issuance of a site development permit for Parcel 4, if a site development permit has been issued for Parcel 1d; (c) following the dedication and construction of Satellite View west of University Village Drive, as required in Section 10.3 (1). • II, 13.2 - Parkland Dedication shall read as follows: 13.2 As described in Section 7, Parcel 5 may include underground utility easements, drainage easements, and water quality and detention facilities. Such infrastructure improvements shall not utilize more than six (6) acres of the parcel, including the four (4.5) acres described in Section 12 above. • II, 13.3 - Parkland Dedication shall read as follows: 13.3 The Owner shall construct a hike and bike trail from Sandy Brook Drive to the eastern side of the existing pond located on the northern portion of Parcel 5, as shown on Exhibit G. The Owner shall also install additional park amenities including but not limited to; benches, picnic tables, additional trail and trees along the trail and adjacent to the pond. Trail location, alignment and additional park amenities shall be approved in writing by the Director of Parks and Recreation prior to construction of the park. The trail shall comply with the American with Disabilities Act Accessibility Guidelines (ADAAG) and the standards set forth in the Texas Architectural Barriers Act (TAS). • II, 13.4 - Parkland Dedication shall read as follows: 13.4 The trail and associated amenities shall be designed to the satisfaction of the Director of Parks and Recreation and the City Engineer prior to the City's consideration of the first final plat on the Property. Construction of the trail and associated amenities shall be completed to the satisfaction of the Director of Parks and Recreation AMENDMENT No. 3 TO PLANNED UNIT DEVELOPMENT No. 83 and the City Engineer no later than 180 days following the recordation of the first final plat on the Property. The area within Parcel 5 shall be dedicated to the City within 60 days of the completion of construction of the trail and associated amenities. Upon dedication, the parkland and trail shall be maintained by the City of Round Rock. • Exhibit 'E' - Street Sections is deleted and replaced with the attached Exhibit 'E'. • Exhibit 'G' - Park Amenity Trail is deleted and replaced with the attached Exhibit 'G'. The above changes are considered minor, as described in Section 16.1 of the PUD. They are therefore hereby approved administratively. Sincerely, Peter Wyso i, AICP Director o Planning Brad Wiseman, AICP Development Services Office Manager Charles Crossfi City Attorney 7 AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Peter Wysocki, known to me to be the person whose name is subscribed to the foregoing instrument as the Director of Planning of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the I? — day of14otJ eor. , 2010. ,►s^ '"" DIANE BUCK y_ ��(►�t�� Nc y Public, State OlTan fMy conte burn �*"�= APRIL 25, 2014 THE STATE OF TEXAS § COUNTY OF WILLIAMSON Notary Public Signature State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Brad Wiseman, known to me to be the person whose name is subscribed to the foregoing instrument as the Development Services Office Manager of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 17 `day of 146Je0A48i,e, 2010. # : 7: 14„ hDryICAaeNrNEMBUCK f= NoMy Pubic. tak bExpires • State a Te aa / APRIL 25 2014 7)3cce„L Notary Public Signature State of Texas 8 AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Charles Crossfield, known to me to be the person whose name is subscribed to the foregoing instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 9 -day of od6M 8Oa , 2010. DIANE BUCK :' : �,`T i *= Notary Public' State of Texas : My CommNebn Expires APRIL 25, 2014 Notary Public Signature State of Texas 9 AMENDMENT NO. 3 TO PLANNED UNIT DEVELOPMENT NO. 83 AGREED TO BY OWNER: SBB Holdings Group, GP, LLC a Texas limited liability company its general partner THE STATE OF TEXAS § COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, on this day personally appeared, Timothy Berry, of SBB Holdings Group, GP, LLC, on behalf of said limited liability company and limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7th day of December, 2010. 0��►'`., EMILY K. STROBEL = Notary Public, State of Texas i., ;�.a My Commission Expires 'a�M; s" February 28, 2014 At rr. rr `e>k bel ary !f' is in and for the State of Texas 10 EXHIBIT A Zoning Exhibit Metes and Bounds Description Abel L. Eaves Survey, Abstract No. 215, Williamson County, Texas 1. Parcel 1 12.56 acres 2. Parcel 2 6.06 acres 3. Parcel 3 8.83 acres 4. Parcel 4 5.07 acres 5. Parcel 5 25.82 acres 6. Parcel 6 7.80 acres 7. Parcel 7 7.38 acres TOTAL (Parcels 1-7) 73.52 acres • ..Taus RRA _ T G 4.4440 4004 000 *Oen vOL ARTEIRIN 4.450401. GOC. W. 2004017155 OP.RW.C.r. PARCEL COMMERCIAL 1260 ACHES MAT Or MIST 30005 I SKIM TO= II IC01011 400P ,_v N000 MAK I rr°6Pi s—�I. Na L14 3 000.+aY 00000 MOTION e SKIM 36000 =MOM 4 .NMN MOAT OMNI '•� NS PARCEL 3 OFFICE 682 1 C ACRES sum WRR K MME 11 �I y41U 6./106 MOM ORM Mvt+. v�04 2 SEAMY 00000 SMTION e RIIOY mot AEYR� .w 1I T 1 1 . 1 • L_LJ PARCEL 7 OFFICE / TOWNHOUSE 726 ACRES PARCEL S T0011040E/SE 730 ACRES LI1 0140 ACM n S iwe am o SOO •01.0445. RA.A4. °° PARCEL 2 COMMERCIAL sae ACRES M PARCEL 4 PUBLIC FACARES/MULhFMOUT 607 ACNES CO vE� IA L45 sN.3R m , Es 00.4000, Let Douro., PARCEL 6 OPEN SPACE 2532 ACRES 1010 4005 IMT STAN Or ADDS Do Din MOLDING!, LP. NC W 20AD2,W IMO I OONATER ND 20000.51181 OOOnr UPN KOLOO N PAWS 04401441.1 4.44 R MOM O.PA.NL.T. AC R0 R P2 .11.144.1 MIST 0004n. LA. 01RA01 ImRLL A.TAr. R nus¢ 300' 600' 900' 1200 ,<m5MUM AEARSN Awn. R TOUSIK Awn RANO:°MOM,. Rn. 000.44rOT o0. 20100,13.1 I I I F\ LAKESIDE SUBDIVISION ' 1 H SUBDIVISION PLATLA , SECTION 4 FINAL PLAT__ SECTION 1 FINAL 1 • LEAD. 1 AIL 20S-3ee C r. P.R.R.CT. I I ABBREVIATION TARE MD. EAINO P.O.C. PART Of CONMENCEVENT P,Oe. PANT OF 0CGN6RN0 005 OCCONE40 OD.R.R.GT. O0NOAL PROPERTY RECORDS OE 01U050503 COINTr. a5AS OflOAL RECORDS OF 33.iul5A1 CARIIY. 19140 PUT 05500 S Of 10000003 COUNTY. axis R.O.W. RIGHT OF MAY SBL 50.11NE PG PAGE 60. nINRER PAGE 1 OF 2 PATE # SURVEYORS A DIVISION OF PATE ENGINEERS, INC. 7011 Capitol M l..O T2 76731.1401•3400600.4,312 34041604 .PMAw4� OVERALL UNIVERSITY VILLAGE ZONING EXHIBIT ABEL L EAVES SURVEY, A-215 WILUAMSON COUNTY, TEXAS CRAM: R.G. APPROS£O f0F ISSUE: 01°CI "- 09/09/2008 1591E DATE CNDINAI r = 300• SCALE PROJECT NO.: 1135-012-00—A800 • CURVE 0ELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH RADW1 BEARING C1 89'54'06" 20.00' 31.38' N 65'57'16" W 28.26' 14 20'54'19" W C2 28'48'50" 20.00' 10.06' N 06'4259` W 9.95' N 68'52'36" E C3 35'24'43" 500.50' 309.34' S 02'46'02" E 304.44' L9 C4 01'01'37" 760.00' 13.62' 14 14'25'31" E 13.62' N 69'08'34" E 55 15'02'51" 760.00' 199.60' N 07'24'55" E 199.02' N 8753.29" E C6 1510'10" 760.00' 201.21' N 06'19'38" E 200.63' 5 7605'17" E C7 24'19'29" 460,00' 195.29' N 13'25'12" W 193.83' N 64'25'04" E C8 42'03'32" 400.00' 293.63' S 85'26'50" W 287.08' 159.96' C9 63'12'07" 20.00' 29.04' 14 31'05'53` W 26.56' N 17'18'04" E 510 31'01'07" 435.63' 235.84' S 05'15'35` E 232.97' N 20'51'26" W C11 89'19'49" 20.00' 31.18' N 23'34'50" E 28.12' 666.63' C12 89'15'21" 20.00' 31.16' 14 65'25'42" W 28.10' N 20'03'23` W C13 90'26'12" 20.00' 31.57' N 24'15'02" E 28.39' N 69'02'56" E 514 91'15'25" 20.00' 31.85' N 65'16'08" W 28.59' N 20'53'21" W C15 9721'12" 20.00' 31.54' N 23'42'56" E 28.37' 14 68'32'21" W C16 89'19'14" 20.00' 31.18' N 65'38'49 W 28.12' N 20'18'26" W 517 90'29'23" 20.00' 31.59' N 24'09'54" E 28.40' 44 6655'12" E 518 25'00'16" 807.50' 352.40' S 37'46'55" E 349.61' 144 C19 24'42'07" 492.50' 212.33' N 37'56'00' W 210.69' N 64'25'04" E C20 66°37'02" 333.33' 387.56' N 01'39'02" W 366.10' N 55'02'26" E C21 08'52'48" 435.63' 67.52' 6 271801' W 67.45' 14 5815'35" W C22 83'12'35" 20.00' 29.05' N 64'27'58` E 26.56' N 21'13'40" W 523 0717'19" 807.50' 102.72' S 46'38'24" E 102.65' 267.53' C24 1742'57" 807.50' 249.68' S 34'08'16" E 248.69' 5 4700'15" W C25 89'58'58" 20.00' 31.41' N 23'45'49" E 28.28' 14 34'37'03" W C26 1725'44' 333.33' 72.60' N 41'11'55" W 72.45' N 4733'43" E 527 89'58'58" 20.00' 31.41' N 6613'09" W 28.28' 14 21'12'38" W C28 26'11'07` 480.98' 219.82' 5 34'19'15" E 217.91' N 80'10'39" 14 C29 01'08'56" 760.00' 15.24' N 00'40'59' W 15.24' 211.40' LINE BEARING DISTANCE L1 N 20'51'26" W 25.00' L2 14 20'50'18" W 497.93' 13 N 69'31'37" E 1012.44' L4 S 1711'36' E 546.86' 15 6 69'08'34" W 960.06' L6 14 69'08'34" E 570.23' L7 S 20'28'23" E 50.79' L8 N 14'56'20" E 226.78' L9 S 69'08'34" W 334.85' 110 14 20'51'28" W 535.24' L11 N 69'08'34" E 211.64' 112 5 17'11'36" E 704.88' L13 5 69'37'00" W 488.40' 114 N 69'08'34" E 178.19' L15 5 01'15'27" E 365.94' 116 8 84'22'04" E 60.54' 117 14 73'31'24" w 42.31' 118 N 1628'36" E 30.00' 119 N 20'53'54" W 50.00' L20 N 20'55'08" W 159.96' 121 , N 20'55'24" W 49.85' 122 N 20'50'46" W 199.64' L23 N 20'54'28" W 49.84' L24 14 20'53'44" W 199.92' 125 N 20'51'26" W 25.00' L26 N 1711'36" W 636.50' L27 5 17'20'47" E 666.63' L28 5 39'53'18" E 911.1D' L29 S 5655'53" W 124.96' L30 6 44'45'55' W 8.98' L31 5 63'42'57 W 106.67' L32 N 79'54'34" W 84.66' 133 N 65'30'23" W 128.43' L34 5 71'47'06" W 39.98' 135 14 6741'30" W 99.05' 136 N 44'13'33" W 188.80' L37 N 40'41'37" W 275.54' 138 N 24'08'21" W 221.02' L39 N 32'38'44" w 98.86' L40 5 25'16'47" E 158.10' 141 N 64'25'04" E 32.50' L42 N 64'25'04 E 28.04' L43 5 65'42'42 W 377.25' 144 5 46'55'09" W 270.00' L45 5 2724'55" W 178.02' 146 5 13'29'24" W 60.37' L47 6 85'06'10" W 177.08' 148 6 31'41'22" W 374.48' 149 N 16'28'36" E 30.00' L50 5 71'47'06" W 53.98' L51 5 11'26'34" E 360.66' 152 5 68146'33" W 1026.21' 153 N 21'13'40" W 104.68' 154 14 21'13'40" W 50,00' L55 N 6646'20" E 267.53' 156 N 2729'29" W 40.69' 157 14 10'00'09" W 220.99' L58 N 35'49'52" W 144.22' 159 14 01'35'24" W 109.71' 160 14 34'37'03" W 54.37' 161 N 19'41'25" E 107.41' 162 14 2844'31" W 85.74' 163 N 04'09'46" E 71.11' 164 14 36'09'23" W 33.20' L65 14 8707'02' W 95.91' L66 N 01'36'55' W 125.69' 167 N 80'10'39" 14 116.52' 168 S 51'28'34" W 118.98' L69 5 62'45'36" W 211.40' L70 N 4T24'09" W 125.85' 171 N 21'13'40" W 699.42' L72 N 47'24'09" W 49.24' PAGE 2 OF 2 PATE 4 SURVEYORS A DIVISION OF PATE ENGINEERS, INC - 7401 0*40& 01 Tom wry., 9b 730.411+'., 10 70731•N4123400404w1012JM04Ww"4uw`yw OVERALL UNIVERSITY VILLAGE ZONING EXHIBIT ABEL L EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS DRAW R.G. APPROVED FOR 6SUE. 1s�S E DATE 09/09/2008SCALE " 1" = 300. PROJECT NO.: 1135-012-00-A800 • Small Tree Large Tree 7'-6" Sidewalk 1 0 1`7'-9' 8' 12' 12' 8' Waterline Parallel Travel Travel Parallel Parking Lane Lane Parking 65' ROW Sidewalk / P.U.E. Sidewalk 10'—" Sidewalk / P.U.E. ©Campus Village Drive North of Satellite View Sidewalk / P.U.E. --7'-9' 8' 12' 12' 8' Waterline Parallel Travel Travel Parallel Parking Lane Lane Parking 65' ROW ®Campus Village Drive (When Retaining Wall Occurs) North of Satellite View 6' Sidewalks Retaining Wall Sidewalk Easement Retaining Wall University Village -PUD 83 Round Rock, TX EXHIBIT- E Street Sections NORTH (1 of 2) October 25, 201 C Sidewalk / P.U.E. 8'12'— Waterline Parallel Travel Parking Lane ROW —12' 8' Travel Parallel Lane Parking Sidewalk Sidewalk / P.U.E. ©Campus Village Drive South of Satellite View 8' 14' 14' .-6'---• Side Parallel Travel Travel Side walk Parking Lane Lane walk 65' ROW ®Satellite View '-6'—• 15' 15'--• '-6'— • Side Travel Travel Side walk Lane Lane walk © Zodiac Lane 50' ROW University Village -PUD 83 EXHIBIT - E NORTH (2of2) Round Rock, TX Street Sections October 25, 201 C i W Q Q J 0 J >- 1--I_- CC) Z }- W X 2 w (7) < W Z