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Z-08-12-18-12B2 - 12/18/2008ORDINANCE NO. t' Ot17-1 /441)' 12,a2" AN 2P 2 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 17.583 ACRES OF LAND, OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO 232 AND THE W. DRUMMOND SURVEY 109, ABSTRACT NO. 233, IN TRAVIS COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 85. WHEREAS, the City of Round Rock, Texas has recently annexed 17.583 acres of land, out of the Socrates Darling Survey 102, Abstract No. 232 and the W. Drummond Survey 109, Abstract No. 233, in Travis County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 5th day of November, 2008, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 85, and WHEREAS, on the 18th day of December, 2008, after proper notification, the City Council held a public hearing on the proposed original zoning, and O:\WDOX\ORDINANC\081218B2.DOC/rmc Original Zoning Ordinance 6/06 WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 85 meets the following goals and objectives: (1) The development in PUD No. 85 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 85 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 85 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 85 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 85 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2 II. That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 85, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 85 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 Alternative 1. By motion duly made, seconded affirmative vote of all the Council requirement for reading this ordinance on dispensed with. READ, PASSED, and ADOPTED on first of L e.- , 2008. Alternative 2. READ and APPROVED on first reading this the day of , 2008. READ, APPROVED and ADOPTED on second reading this the day of , 2008. and passed with an members present, the two separate days was reading this 402b day ATTEST: SI/t/P14/t'' Lt/147(X SARA L. WHITE, City Secretary rn� ALAN CGRAW, Mayor City of Round Rock, Texas 4 EXHIBIT «A„ CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING_ THE SAME TRACT CONVEYED TO JAMES P. AND MAJELLA S. MICHAEL IN VOL. 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3/4" iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest corner of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest corner of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a'/2" iron pin set at the Southwest comer of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest corner of this tract. THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a'' /a" iron pin set at the Northwest corner of a 2.040 acre tract conveyed to Michael Tract Partners in Vol. 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a 'A" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast corner of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a 1/" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast corner of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest corner of this tract THENCE N 27° 46' 58" E, 74.37 feet to a 3/4" iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast corner of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a %Z" iron pipe found at the Northeast corner of said 8.178. acre tract. 2) N 64° 06' 27" W,171.56 feet to a ''/2" iron pipe found. 3) N 73°47' 08" W, 410.03 feet to the POINT OF BEGINNING and containing 15.5449 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Heiman Crichton, R.P.L.S. No. 4046 06_141 CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL. 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast comer of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest comer of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a %" iron pin set at the Southeast comer of a 4.0 acre tract conveyed to David W. Leppin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast comer of this tract. THENCE N 59° 43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a''/" iron pin set at the Northeast corner of said 15.255 acre tract for the Northwest comer of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a 'A" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 § 6 E° §0 b zzm-Jo. k §-'°°aki v..2 oaetj/ (:). e ePtpi/}§pk/&§ !§2§11XX9q 04 �® 5.8aAt■k§:t jzN&o -�kvI°]w..(0› � �.0-2w_,� o_. 000§J cua£��a f§} Z.40Q.O mIQee § ®z� NV.ez ak§§§§}{J�2/k{§ & 6 0 oso SOCRATES OR,LNGSURVEY 102 ABSTRACT NO. 232 ■ | ----�- | W. a STRACT NO 233 C O DEVELOPMENT PLAN MICHAEL TRACT PLANNED UNIT DEVELOPMENT NO. 85 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean James and Majella Michael, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 17.583 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on November 5, 2008, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: EXHIBIT tlBtt 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.11 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 17.583 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.1.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the MF (Multi - Family) zoning district and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. 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. 5.1. All uses permitted in the MF (Multifamily) zoning district, in addition to: (1) Apartment (Greater than 20 units per acre - Maximum 30 units per acre) All required parking must be provided within a parking structure. A parking structure is a structure composed of one or more levels or floors designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This includes parking garages, deck parking and underground or under -building parking areas. 6. DEVELOPMENT STANDARDS All Density and Development Standards shall apply, with the following exceptions: 6.1. Maximum Height of Principal Building (1) Apartment (Greater than 20 units per acre - Maximum 30 units per acre) (a) 5 stories 6.2. Minimum Setback from Street (ROW) (1) Apartment (Greater than 20 units per acre - Maximum 30 units per acre) (a) 15 feet 6.3. Visual Screening (1) Apartment (Maximum 20 units per acre) (a) In addition to the Street Yard Requirements contained in Section 11.501 (3) (a) of the Code, a landscaped berm with a minimum height of three feet (3') and a maximum side slope of 3:1 shall be included. The berm shall be located and designed for the purpose of screening parking areas from the street. 4 7. TRANSPORTATION Development of the property shall be in accordance with the approved Traffic Impact Analysis (TIA). 8. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 9. CONCEPT PLAN AND DEVELOPMENT PROCESS This Plan serves as the Concept Plan required by the Code and approval of this Plan substitutes as a Concept Plan approval, subject to Chapter 8, Section 8.212(5) (a) of the Code. As this is a substituted Concept Plan, utility, drainage, and other infrastructure submittals were not submitted or reviewed with this document, nor have such infrastructure been approved by the City. These items shall be submitted for the review and approval of the City at the Preliminary Plat and subsequent development stages. A phasing plan shall be provided with the Preliminary Plat. The Owner shall be required to complete the remaining steps in the City's development process, which may include subdivision platting and site development. The subdivision platting process includes a Preliminary Plat and a Final Plat. Site development plan(s) must be approved for each project. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 10. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. 11. CHANGES TO DEVELOPMENT PLAN 11.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 11.2. Major Changes All changes not permitted under section 11.1 above shall be resubmitted following the same procedure required by the original PUD application. 5 EXHIBIT Exhibit "A" LIST OF EXHIBITS DESCRIPTION Legal Description of Property EXHIBIT I CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO JAMES P. AND MAJELLA S. MICHAEL IN VOL. 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/4" iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest corner of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest corner of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a '/2" iron pin set at the Southwest comer of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest corner of this tract. THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a''/2" iron pin set at the Northwest corner of a 2.040 acre tract conveyed to Michael Tract Partners in Vol. 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a '/2" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast comer of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a 1/2" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast corner of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast comer of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest corner of this tract THENCE N 27° 46' 58" E, 74.37 feet to a'A" iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast corner of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a '/2" iron pipe found at the Northeast corner of said 8.178 acre tract. 1 2) N 64° 06' 27" W, 171.56 feet to a '/" iron pipe found. 3) N 73° 47' 08" W, 410.03 feet to the POINT OF BEGINNING and containing 15.5449 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 CRICHTON AND ASSOCIATES, INC, LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL. 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest corner of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a %2" iron pin set at the Southeast corner of a 4.0 acre tract conveyed to David W. Leppin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59° 43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a'/" iron pin set at the Northeast corner of said 15.255 acre tract for the Northwest corner of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a '/2" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P,L.S. No. 4046 06_141 3 W O U W Z M W> O U m 4 O V N~ F N :p 04 -( ZNa fi c) :c 0�3mX� Jazo8Uh'1-(CD 3 W W=!-WaC<V1-1-mo Uce WUwC2<I0 01hQOZ Z _�'-- L.SX - 'C O WOV61„woz z ' Z M> ow W V a 0 V)K�f�Q30J=W/=-1V) 00y)>H640> w"10 Ce I -MX O W I"O _� 2� aOM� MW <WXZ>K U V)OMW.-CC=QclNQOW(N on 03 CC )- 0.4rn lto ELS 6 gN _ _ ---_ 11 --b„s uG Y y N411V 11130 jIU eli 1111 44 i f I rd d "j''1 ills11 411 111'1 tiii j;apItkil t#f VN Id -mss moat- i8 3- )_ 1n 1s b 7� CAE fwgig18 0 le z y yNonloyl9 mi asldo6X10 MIMS 1 610 Hetes' 000 S0C2ASOATSURVEY 032 Y10ATRCNO2 Mecca. sin' 109 ABSTRACT NO 233 0) C 0 N DATE: December 11, 2008 SUBJECT: City Council Meeting — December 18, 2008 ITEM: 1282. Consider an ordinance zoning 17.583 acres of land to the PUD (Planned Unit Development) No. 85 zoning district. Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director This is a petition for voluntary annexation. The applicant is requesting annexation to allow for City zoning and utility services. A proposed zoning designation for the property is a separate agenda item. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This tract of land was split between the ETJ of Round Rock and Pflugerville's City Limits. An item on the Council Agenda, to be approved prior to the annexation petition, will incorporate that portion of the property released from the City of Pflugerville into our ETJ. If approved, the entire property will be located within the City of Round Rock's ETJ in Travis County. Public Comment: Public notice is not required for voluntary annexation, in accordance with Section 43.028 of the Texas Local Government Code. RECORDED DOCUMENT FOLLOWS iii THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * II ORD 20 PGS 2009003662 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 -08-12-18-12B2 which zones 17.583 acres of land to PUD No. 85. This ordinance was approved and adopted by the Round Rock City Council at a regular meeting held on 18th day of December 2008 and recorded in the City Council Minute Book 57. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 23rd day of December 2008. SARA L. WHITE, City Secretary ORDINANCE NO. ii' Of." I Zil$' 12 Rj2- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 17.583 ACRES OF LAND, OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO 232 AND THE W. DRUMMOND SURVEY 109, ABSTRACT NO. 233, IN TRAVIS COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 85. WHEREAS, the City of Round Rock, Texas has recently annexed 17.583 acres of land, out of the Socrates Darling Survey 102, Abstract No. 232 and the W. Drummond Survey 109, Abstract No. 233, in Travis County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 5th day of November, 2008, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be Exhibit "A" be originally zoned No. 85, and WHEREAS, on the 18th day amended so that the Property in as Planned Unit Development (PUD) of December, 2008, after proper notification, the City Council held a public hearing on the proposed original zoning, and 0:\NDOX\ORDINANC\081216B2.DOC/rmc Original Zoning Ordinance 6/06 WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 85 meets the following goals and objectives: (1) The development in PUD No. 85 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 85 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 85 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 85 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 85 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2 H. That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 85, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 85 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 40 day of t?Gte414 ��-� 2008. Alternative 2. READ and APPROVED on first reading this the day of , 2008. READ, APPROVED and ADOPTED on second reading this the day of , 2008. ATTEST: SARA L. WHITE, City Secretary rn� ALAN CGRAW, Mayor City of Round Rock, Texas 4 I EXHIBIT "A" CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING_ THE SAME TRACT CONVEYED TO JAMES P. AND MAJELLA S. MICHAEL IN VOL. 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %" iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest comer of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest comer of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a '4" iron pin set at the Southwest comer of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest corner of this tract. THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a'' 'A" iron pin set at the Northwest comer of a 2.040 acre tract conveyed to Michael Tract Partners in Vol. 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a z" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast comer of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a %" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast corner of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest comer of this tract THENCE N 27° 46' 58" E, 74.37 feet to a %" iron pipe found at the Northeast comer of said 2.144 acre tract also being the Southeast comer of said 8.178 acre tract. THENCE with the East and North line of said 8.178 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a 14" iron pipe found at the Northeast corner of said 8.178 acre tract. 2) N 64° 06' 27" W, 171.56 feet to a '/2" iron pipe found. 3) N 73° 47' 08" W, 410.03 feet to the POINT OF BEGINNING and containing 15.5449 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 CRICHTON AND ASSOCIATES, INC.. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL. 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest corner of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a'A" iron pin set at the Southeast corner of a 4.0 acre tract conveyed to David W. Leppin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59° 43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a'/" iron pin set at the Northeast corner of said 15.255 acre tract for the Northwest comer of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a'A" iron pin set. 2) S 63° 56' 04" E, 171.13 fleet to the POINT OF BEGINNING and containing 2.0381 acres more or less. 1 hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 3 R 1 1 mV mY 0 d s 1 eao SOCRATESAANX32 Y0ABSTRACT NO. 2 "vim sawn tair 7 109 ABSTTRACT NO. 233 3 1; 14 DEVELOPMENT PLAN MICHAEL TRACT PLANNED UNIT DEVELOPMENT NO. 85 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean James and Majella Michael, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 17.583 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on November 5, 2008, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: EXHIBIT "B" 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.11 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 17.583 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.l.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the MF (Multi - Family) zoning district and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. 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. 5.1. All uses permitted in the MF (Multifamily) zoning district, in addition to: Apartment (Greater than 20 units per acre - Maximum 30 units per acre) All required parking must be provided within a parking structure. A parking structure is a structure composed of one or more levels or floors designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This includes parking garages, deck parking and underground or under -building parking areas. (1) 6. DEVELOPMENT STANDARDS All Density and Development Standards shall apply, with the following exceptions: 6.1. Maximum Height of Principal Building (1) Apartment (Greater than 20 units per acre - Maximum 30 units per acre) (a) 5 stories 6.2. Minimum Setback from Street (ROW) (1) Apartment (Greater than 20 units per acre - Maximum 30 units per acre) (a) 15 feet 6.3. Visual Screening (1) Apartment (Maximum 20 units per acre) (a) In addition to the Street Yard Requirements contained in Section 11.501 (3) (a) of the Code, a landscaped berm with a minimum height of three feet (3') and a maximum side slope of 3:1 shall be included. The berm shall be located and designed for the purpose of screening parking areas from the street. 4 7. TRANSPORTATION Development of the property shall be in accordance with the approved Traffic Impact Analysis (TIA). 8. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 9. CONCEPT PLAN AND DEVELOPMENT PROCESS This Plan serves as the Concept Plan required by the Code and approval of this Plan substitutes as a Concept Plan approval, subject to Chapter 8, Section 8.212(5) (a) of the Code. As this is a substituted Concept Plan, utility, drainage, and other infrastructure submittals were not submitted or reviewed with this document, nor have such infrastructure been approved by the City. These items shall be submitted for the review and approval of the City at the Preliminary Plat and subsequent development stages. A phasing plan shall be provided with the Preliminary Plat. The Owner shall be required to complete the remaining steps in the City's development process, which may include subdivision platting and site development. The subdivision platting process includes a Preliminary Plat and a Final Plat. Site development plan(s) must be approved for each project. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 10. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. 11. CHANGES TO DEVELOPMENT PLAN 11.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 11.2. Major Changes All changes not permitted under section 11.1 above shall be resubmitted following the same procedure required by the original PUD application. 5 EXHIBIT Exhibit "A" LIST OF EXHIBITS DESCRIPTION Legal Description of Property CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 15.5449 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 AND THE W. DRUMMOND SURVEY 109, ABSTACT NO. 233 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO JAMES P. AND MAJELLA S. MICHAEL IN VOL. 112287 PG. 390 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/." iron pipe found on the East R.O.W. of Greenlawn Boulevard at the Northwest corner of a 8.178 acre tract conveyed to James David Green in Doc. No. 200046956 of the Travis County, Texas Official Records for the most Westerly Southwest corner of this tract. THENCE N 30° 00' 00" E (bearing basis for this survey) with the East R.O.W. of Greenlawn Boulevard, 658.28 feet to a'/:" iron pin set at the Southwest corner of a 4.0 acre tract conveyed to David Leppin in Vol. 7489 Pg. 534 of the Travis County, Texas Official Records for the Northwest corner of this tract. THENCE S 59° 43' 27" E with the South line of said 4.0 acre tract, 816.50 feet to a %" iron pin set at the Northwest corner of a 2.040 acre tract conveyed to Michael Tract Partners in Vol. 10393 Pg. 353 of the Travis County, Texas Official Records. THENCE with the West and South line of said 2.040 acre tract the following two (2) courses: 1) S 30° 12' 11" W, 526.38 feet to a %p" iron pin set for the Southwest corner of said 2.0 acre tract. 2) S 63° 56' 04" E, 171.13 feet to a 60d nail found at the Southeast corner of said 2.040 acre tract, also being on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg. 764 of the Travis County, Texas Official Records. THENCE S 30° 02' 39" W, 431.78 feet to a %" iron pin found at an angle point in the North line of said 32.537 acre tract for the Southeast corner of this tract. THENCE N 81° 59' 52" W with the North line of said 32.537 acre tract, 445.52 feet to a cotton spindle found at the most Northerly Southeast corner of a 2.144 acre tract conveyed to Tejas Golf North, L.P. in Doc. No. 2004039488 of the Travis County, Texas Official Records for the most Southerly Southwest corner of this tract THENCE N 27°46' 58" E, 74.37 feet to a 3/4" iron pipe found at the Northeast corner of said 2.144 acre tract also being the Southeast corner of said 8.178 acre tract. THENCE with the East and North line of said 8.l 78 acre tract the following three (3) courses: 1) N 30° 00' 44" E, 494.61 feet to a Y2" iron pipe found at the Northeast corner of said 8.178 acre tract. 2) N 64° 06' 27" W, 171.56 feet to a '/2" iron pipe found. 3) N 73°47' 08" W, 410.03 feet to the POINT OF BEGINNING and containing 15.5449 acres more or less. 1 hereby certify that the foregoing field notes were prepared from a survey on the ground under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 z CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR A 2.0381 ACRE TRACT OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO. 232 IN TRAVIS COUNTY, TEXAS BEING THE SAME TRACT CONVEYED TO MICHAEL TRACT PARTNERS IN VOL. 10393 PG. 353 OF THE TRAVIS COUNTY, TEXAS OFFICIAL RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 60d nail found on the West line of a 32.537 acre tract conveyed to the City of Austin in Vol. 10570 Pg, 764 of the Travis County, Texas Official Records being on the East line of a 15.255 acre tract conveyed to James. P. and Majella Michael in Vol. 11287 Pg. 385 of the Travis County, Texas Official Records for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE N 30° 09' 59" E passing the Northwest corner of said 32.537 acre tract and the Southwest corner of a 49.782 acre tract conveyed to Michael W. Ayer in Vol. 11868 Pg. 121 of the Travis County, Texas Official Records, in all a distance of 513.80 feet to a A" iron pin set at the Southeast corner of a 4.0 acre tract conveyed to David W. Leppin in Vol. 7489 Pg. 534 Travis County, Texas Official Records for the Northeast corner of this tract. THENCE N 59° 43' 27" W with the South line of said 4.0 acre tract, 170.54 feet to a'' v," iron pin Northeast corner osaid 15.255 acre tractf set at the for the Northwest corner of this tract. THENCE with the East line of said 15.255 the following two courses: 1) S 30° 12' 11" W, 526.38 feet to a 'A" iron pin set. 2) S 63° 56' 04" E, 171.13 feet to the POINT OF BEGINNING and containing 2.0381 acres more or less. 1 hereby certify that the foregoing field notes were prepared from a survey on the ground under niy supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal March 13, 2006. Herman Crichton, R.P.L.S. No. 4046 06_141 3 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. Ordinance No. Z-08-12-18-1262 Zone 17.583 acres of land to PUD No. 85. AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009003662 01/21/2009 03:35 PM CMCNEELY $92.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS