R-2018-6020 - 10/25/2018 RESOLUTION NO. R-2018-6020
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock ("City") wishes to enter into an Interlocal Agreement
with the Cities of Austin, Cedar Park, and Leander regarding the allocation of costs for the expansion
to the East Wastewater Treatment Plant of the Brushy Creek Regional Wastewater System, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Agreement with the Cities of Austin, Cedar Park, and Leander, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution 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.
RESOLVED this 25th day of October, 2018.
- /, Al
CRAIGORroc� Mayor
City of ound , Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1804;00411534
EXHIBIT
„A»
INTERLOCAL AGREEMENT REGARDING
ALLOCATION OF COSTS FOR THE EXPANSION TO
THE EAST WASTEWATER TREATMENT PLANT OF THE BRUSHY CREEK
REGIONAL WASTEWATER SYSTEM
THIS INTERLOCAL AGREEMENT REGARDING THE ALLOCATION OF
COSTS FOR THE EXPANSION TO THE EAST WASTEWATER TREATMENT PLANT
OF THE BRUSHY CREEK REGIONAL WASTEWATER SYSTEM ("Agreement") is
entered into between the City of Austin, ("Austin"), the City of Cedar Park("Cedar Park"), the
City of Leander, ("Leander"), and the City of Round Rock, ("Round Rock"). In this Agreement,
Austin, Cedar Park, Leander, and Round Rock are sometimes individually referred to as "Party"
and collectively referred to as"Parties".
Recitals
WHEREAS, on June 4, 2010, the cities of Austin, Cedar Park, Leander, and Round Rock
(the "Cities") entered into an Amended and Restated Master Contract for the Financing,
Construction, Ownership and Operation of the Brushy Creek Regional Wastewater System, (the
"Master Agreement"); and
WHEREAS, Section 3.06 of the Master Agreement provides for the procedures to be
followed to accomplish the design and construction of expansions to the System, including the
execution of interlocal agreements such as this Agreement; and
WHEREAS,the Parties have agreed to jointly pursue an expansion of the System that will
provide for a total of 10 million gallons per day of additional wastewater treatment capacity to
meet future wastewater treatment demands of the Parties based on projected population growth;
and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions of the
allocation of costs for the expansion of the Project, and pursuant to which the Parties will cost
participate in all costs and expenses related thereto; and
WHEREAS,this Agreement replaces in its entirety that one certain Interlocal Agreement
Regarding Allocation of Costs for the Re-rating of and Expansion to the East Wastewater
Treatment Plant of the Brushy Creek Regional Wastewater System entered into by the Parties and
dated the_day of June, 2017;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
ILA_BCRW WS_EastWWTPExpansion_10.8.18.docx
1.01 "Agreement" means this Interlocal Agreement Regarding the Allocation of Costs for the
Expansion to the East Wastewater Treatment Plant of the Brushy Creek Regional Wastewater
System.
1.02 "Austin" means the City of Austin, Texas.
1.03 "Cedar Park"means the City of Cedar Park, Texas.
1.04 "Cost Allocation Percentage" means the percentage of Project Costs to be paid by each
Party. The Project Cost Allocation Percentages are set forth on Exhibit"A" attached hereto.
1.05 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.06 "Leander"means the City of Leander, Texas.
1.07 "Master Agreement"means the Amended and Restated Master Contract for the Financing,
Construction, Ownership and Operation of the Brushy Creek Regional Wastewater System dated
June 4, 2010.
1.08 "Operations Committee" or"OC' means the Operations Committee created in Section 4.6
of the Master Agreement.
1.09 "Party" or"Parties"means Austin, Cedar Park, Leander, and/or Round Rock, individually
or collectively, as applicable.
1.10 "Project" means: the efforts to design and construct the necessary 10 million gallons per
day expansion of the East Wastewater Treatment Plant.
1.11 "Project Consultant(s)"means one or more of the firms engaged by the Parties to perform
Project Consulting Services.
1.12 "Project Consulting Contract(s)"means those certain contracts for engineering and related
services to be approved by the Parties pursuant to which the Project Consultant(s) shall provide
Project Consulting Services.
1.13 "Project Consulting Services"means the services required for the for preliminary and final
engineering and other services to be performed by the Project Consultant(s)pursuant to the Project
Consulting Contracts in order to complete the objectives of the Project.
1.14 "Project Costs" means all costs and expenses incurred by the Parties in furtherance of the
Project.
1.15 "Project Fund" means a fund to be established and administered by Round Rock in
accordance with Section 4.02 in order to provide monies to pay the Project Costs.
1.19 "Round Rock"means the City of Round Rock, Texas.
1.20 "System"means the Brushy Creek Regional Wastewater System.
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II.
OPERATIONS COMMITTEE
2.01 Responsibility of the OC. The OC shall:
(i) Attend and participate in regular meetings with the Project
Consultant(s) to monitor the status of the Project and to provide direction and
recommendations with respect thereto;
(ii) Review and unanimously approve, in writing,reports for the Project
produced by the Project Consultant(s);
(iii) Review and unanimously approve, in writing, any revisions to the
scope to be performed by the Project Consultant(s);
(iv) Review and unanimously approve in writing other contracts
necessary for the completion of the Project;
(v) Confirm in writing the final completion of Project; and
(vi) Address any other pertinent matters relating to the Project.
The OC shall meet at regular intervals to review the matters over which it has authority. The OC
shall be diligent,prompt and timely in reviewing and acting on matters submitted to it.
III.
CONSULTANT SERVICES
3.01 Consultant Services.
(a) The Parties intend to enter into Project Consultant Contracts in the form
unanimously approved by the Parties.
(b) After the scope of Project Consultant Contracts is approved, including any
proposed changes to a Project Consultant's compensation, the Project Consultant Contracts may
only be modified by unanimous written authorization from the Parties, such authorization shall be
set forth in a"Supplemental Contract".
3.02 OC Participation.
(a) The OC shall prepare a schedule of meetings with the Project Consultant(s)
that shall be approved by all members of the OC. The foregoing shall not be construed to prohibit
any Party from communicating with Project Consultant(s) regarding the Project Consultant
Services without the presence or participation of the other Parties,or from meeting with the Project
Consultant(s) when it is not practicable to schedule a meeting with the OC.
(b) The Parties agree that the final design of the Project will not be finalized
until the OC has reviewed and unanimously approved in writing such design.
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(c) Within ten (10) business days of receipt of any preliminary and/or final
reports prepared by the Project Consultant(s), the members of the OC shall specify in writing to
each other any objections regarding the draft reports, and any proposed revisions thereto. If any
member of the OC fails to object in writing to the report within the ten(10)-business-day period,
then that member shall be deemed to have approved the draft report. In the event that any member
of the OC timely objects to the draft report,then the OC shall endeavor in good faith to resolve the
matter by unanimous agreement. If the OC cannot unanimously agree to the proper resolution
within fifteen (15) business days, then the OC shall refer the dispute to the respective City
Managers of the Parties. The City Managers shall work diligently and in good faith to resolve the
dispute as quickly as possible so as not to jeopardize the completion of the Project.
3.03 Work Product.
(a) Any Party is entitled to copies of any work product produced by the Project
Consultant(s) in connection with the Project Consultant Services. The Party requesting a copy of
such information shall pay all reasonable costs incurred in preparing and furnishing the copies.
(b) In accordance with, and subject to the terms and conditions set forth in the
Project Consultant Contracts, the Parties may utilize the work product produced by the Project
Consultant(s) for their own purposes.
IV.
PROJECT COSTS.
4.01 Payment of Project Costs.
(a) All Project Costs shall be shared by the Parties according to the Cost
Allocation Percentages, as set forth in Exhibit"A" attached hereto.
(b) The Parties agree that Project Consultant(s) will be instructed to send all
invoices to Round Rock and that upon receipt of each invoice from the Project Consultant(s),
Round Rock shall review the invoice and confirm that the Project Services have been completed
in accordance with the request for payment.
(c) Upon Round Rock's approval of each invoice for Project Costs, Round
Rock will transmit a copy of the approved invoice to each Party's representative on the OC.Within
ten(10) business days of receipt of the invoice for payment, the members of the OC shall specify
in writing to Round Rock any objections regarding the invoice for payment. If any member of the
OC fails to object in writing to the invoice within the ten(10) business day period, then the Party
represented by such OC member shall be deemed to have approved the invoice for payment. In
the event that any member of the OC timely objects to the invoice,then the matter shall be resolved
in accordance with the following procedures:
(i) If the objection relates to the performance of work or services by a
Project Consultant, then the OC shall exercise all rights to which it is entitled under the
Project Consulting Contract to resolve the dispute, require correction of the defective
work, and otherwise address the concern of the objecting member of the OC.
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(ii) In the event that any member of the OC objects to an invoice for
reasons not related to the performance of work or services by the Project Consultant,then
the OC shall endeavor in good faith to resolve the matter by unanimous agreement. If the
OC cannot unanimously agree to the proper resolution within thirty(30)calendar days of
the date of written objection, then the invoice shall be paid as received; provided,
however, that any Party may subsequently seek a determination of the dispute through
the dispute resolution process set forth in Sec. 4.03 below, and the allocation of costs
between the Parties shall be adjusted in accordance with such determination. Any such
request for dispute resolution must be brought within thirty(30)calendar days of the date
of written objection.
(iii) In the event that Project Costs exceed agreed upon estimates, then
the OC must approve such overruns by unanimous agreement. If the OC cannot
unanimously agree,then the matter shall be submitted to the City Managers for resolution
as set forth in Sec. 4.03.
(e) The Parties agree that the reasonable compensation cost for Round Rock's
performing the aforesaid financial administration and other general administrative
services is the sum of $2,000 per month, beginning when the first Project Consultant
Contract is executed,and ending with the completion of the the construction of the Project
, which costs shall be shared and allocated among the Parties (including Round Rock)
according to the Cost Allocation Percentages set forth in Exhibit"A".
(f) In the event of termination of this Agreement prior to the completion of the
Project, all Parties shall provide payment of their pro rata share of the Project Costs
incurred prior to and through the date of the termination.
4.02 Project Fund.
(a) The Parties shall contribute monies to the Project Fund in accordance with
the following provisions:
(i) Within ten(10)calendar days of execution of the Project Consulting
Contract(s) by the Parties, and the execution of the construction contract(s), each Party
shall deposit into the Project Fund a sum, which represents twenty five percent(25%) of
each Party's share of the estimated Project Costs. The Project Fund shall be placed in an
interest-bearing account, and the interest shall become part of the Project Fund.
(ii) At such time as the balance in the Project Fund is substantially
depleted, as determined in Round Rock's reasonable discretion, Round Rock shall
provide written notice (by email or otherwise) thereof to the other Parties, each of which
shall have thirty (30) calendar days to deposit into the Project Fund an additional
payment, in the same amount as originally deposited. Each notice by Round Rock shall
be accompanied by a written accounting report that identifies in reasonable detail all prior
expenditures from the Project Fund.
(iii) The foregoing process shall continue until such time as the Project
Costs have been paid in full. In the event that the Project Costs exceed the original
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estimate, after prior notice to the Parties of the cost exceedance and what was considered
to avoid such costs, each Party shall deposit within the Project Fund a sum equal to the
product determined by multiplying each Party's Cost Allocation Percentage by the cost
exceedance..
(b) In the event that there are remaining funds within the Project Fund upon
final completion of the Project, then Round Rock shall promptly divide and remit within 30
calendar days such funds to the Parties on a pro rata basis according to the percentage of all Project
Costs previously paid by each of the Parties. Payment shall be accompanied by a written
accounting describing the basis for calculation of payment to each Party.
(c) All interest that accumulates within the Project Fund shall remain within
such fund for payment of Project Costs.
Disputes. In the event of any disputes among the Parties, the Parties agree that the City Managers
shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to
jeopardize the completion of the Project.
V.
GENERAL PROVISIONS
5.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 552.001, Texas Local Government Code.
5.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
5.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose. The obligation of Parties to make payments to Round Rock will not constitute
a general obligation or indebtness of the Parties that obligate a Party to levy or pledge any revenue
from taxes.
5.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
5.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the Project
Consulting Services and supersedes all prior or contemporaneous understandings or
representations, whether oral or written, regarding the subject matter. The Parties confirm that
further agreements regarding the Project are contemplated and will not be affected or limited by
this Agreement.
5.06 Amendments.Any amendment of this Agreement must be in writing and will be effective
if signed by the authorized representatives of the Parties.
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5.07 Applicable Law;Venue.This Agreement will be construed in accordance with Texas law.
Venue for any action arising hereunder will be in Williamson County, Texas.
Notices. Any notices given under this Agreement will be effective if(i) forwarded to a Party by
hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with the U.S.
Postal Service,postage prepaid, certified, to the address of the Party indicated below:
AUSTIN: P.O. Box 1088
Austin, Texas 78767
Attn: Director, Austin Water
Telephone: (512) 972-0109
with copy to: City Law Department
P.O. Box 1088
Austin, Texas 78767
Attn: Division Chief, Utility&Regulatory
Division
CEDAR PARK: 450 Cypress Creek Road, Bldg. 1
Cedar Park, Texas 78613
Attn: Sam Roberts
Telephone: (512)401-5000
Email: sam.roberts(a>cedarparktexas.�,,ov
with copy to: J.P LeCompte
City Attorney
450 Cypress Creek Road, Bldg. 1
Cedar Park, Texas 78613
Email: JP.LeCompte(a),cedarparktexas.gov
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: Michael Thane
Telephone: (512)218-3236
Email: mthanel.hadleytaroundrocktexas.,ov
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Email: steveer�?scrrlaw.com
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LEANDER: P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512) 259-1178
Email: w.watts(a),ci.leandentx.us
with copy to: Paige Saenz
223 W. Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Email: pai�,le(4�cit attorne)texas.com
5.08 Force Majeure. The Parties shall not be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay
in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Force majeure shall not relieve the Parties of its obligation to make payment to Round Rock as
provided in this Agreement.
5.09 Independent Contractor_ Each of the Parties shall have the status of an independent
contractor hereunder and shall be solely responsible for the proper direction of its employees
hereunder and each Party's employees shall not be considered employees or borrowed servants of
any of the other parties for any reason.
5.10 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
Parties and third parties not privy to this Agreement shall not,in any form or manner,be considered
a third party beneficiary of this Agreement.
5.11 Conflict. If there is a conflict between the Master Agreement and this Agreement, the
provisions of this Agreement shall control.
5.12 Termination. This Agreement may be terminated by mutual agreement of the Parties. If
this Agreement is terminated by the Parties prior to its completion of Project Consulting Services,
then the terms and conditions of the Master Agreement shall control. Any outstanding balance
within the Project Fund will be returned proportionally in accordance with the applicable Exhibit
percentages. The Parties shall then work cooperatively with due diligence to determine how to
address existing and future wastewater treatment capacity issues.
5.13 Default. In the event that one Party believes that the other Party is in default of any of the
provisions in this agreement, the non-defaulting party will make written demand to cure to the
defaulting party and give the defaulting party up to thirty days to cure the default or, if the curative
action cannot reasonably be completed within thirty days, the defaulting party will commence the
curative action within thirty days and thereafter diligently pursue the curative action to completion.
This period must pass before the non-defaulting party may initiate any remedies available to the
non-defaulting party due to such default. The non-defaulting party shall mitigate direct or
consequential damages arising from any default to the extent reasonably possible under the
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circumstances. The parties agree that they will use their best efforts to resolve any disputes and
may engage in non-binding arbitration or other alternative dispute resolution methods as
recommended by the laws of the State of Texas before initiating any lawsuit to enforce their rights
under this agreement. Nothing in this agreement shall be construed to limit either party's right to
recover damages or to seek other appropriate curative remedies if a breach of contract action is
filed by a non-defaulting party to this Agreement.
5.14 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which will be deemed an original,but all of which
will constitute the same instrument.
5.15 No Waiver of Immunities or Defenses. Nothing in this Agreement shall be deemed to
waive,modify or amend any immunity or legal defense available at law or in equity to the Parties,
their past or present officers, employees, or agents or employees, nor to create any legal rights or
claim on behalf of any third party.
5.16 Authority.Each Party represents and warrants that it has the full right,power and authority
to execute this Agreement.
(SIGNATURES ON FOLLOWING PAGES)
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CITY OF AUSTIN:
By:
Robert Goode, Assistant City Manager
Date:
10
CITY OF ROUND ROCK:
ATTEST:
By:
Sara White, City Clerk Craig Morgan, Mayor
Date:
11
CITY OF CEDAR PARK:
ATTEST:
By:
LeAnn Quinn, City Secretary Corbin Van Arsdale, Mayor
Date:
12
CITY OF LEANDER:
ATTEST:
By:
Dara Crabtree, City Secretary Troy Hill , Mayor
Date:
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EXHIBIT A
Allocation of Expansion Project Costs
City Expansion Cost
Capacity Allocation
(MGD)
Round Rock 1 .20 12.00%
Leander 4.23 42.30%
Cedar Park 2.10 21 .00%
Austin 2.47 24.70%
TOTALS 10.00 100.00%
DEVELOPMENT PLAN
PLANNED UNIT DEVELOPMENT NO. 116—CLEAR CREEK RANCH
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 The Vera Mae Smith Marital Trust, James Carson Smith "Trust B"
Bypass Trust and Deborah Lynn Stanford, et al; as their respective interests may appear in the
respective portions of the hereinafter described property; and their respective successors and
designated assigns. Upon sale, transfer or conveyance of portions of the hereinafter described
property by a respective Owner to a designated third party owner/developer, the duties and
obligations of the respective Owner, as it relates to the respective property being sold, shall be
assigned to and assumed by the new owner/developer, and upon such sale and assignments of the
duties and obligations hereunder, the respective Owner shall have no further liability relating to
the respective property so sold and conveyed.
WHEREAS, the Owner are the owners of certain real property consisting of 25.73 acres, as more
particularly described in Exhibit "A" (Legal Description), (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 zone the Property as a Planned Unit
Development(the "PUD"); and
WHEREAS, pursuant to Part III, Section 2-76 of the Code of Ordinances of the 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 August 15, 2018, the City's Planning and Zoning Commission recommended
approval of the Owner's application for PUD zoning; 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
„A»
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 11.8.
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 Part III, Section 1-32, Code of Ordinances, 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.
4.2. Effective Date
This Plan shall be effective from and after the date of approval by the City Council.
II.
DEVELOPMENTSTANDARDS
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in the City
of Round Rock Code of Ordinances, as amended, hereinafter referred to as "the Code."
2. PROPERTY
This Plan covers approximately 25.73 acres of land,located within the City 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 Ordinance
All aspects not specifically covered by this Plan shall be regulated by the TH(Townhouse)
zoning district, 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 applicable and 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.
5. PROJECT OVERVIEW
5.1. Purpose of Plan
The purpose of the Plan is to provide a single family residential development.
5.2. Concept Plan
This Plan, as depicted in Exhibit "B", shall serve as the Concept Plan required by Part III,
Section 10-26 of the Code.
5.3. Land Use
(1) The residential housing type shall be single family detached units on a common lot,
with each dwelling unit having a private external entrance, private parking, and a
private yard area.
(2) All dwelling units shall be established as condominium units, pursuant to the
Texas Uniform Condominium Act, Section 82.001 et. Seq., Texas Property
Code.
(3) A maximum of 120 units shall be allowed.
(4) Vehicle parking for events shall be allowed on an unimproved surface at the
location indicated on Exhibit "C".
6. DEVELOPMENT STANDARDS
6.1. Exterior Finish
(1) The exterior finish of all units shall be a minimum of 75% masonry, excluding
elements such as doors, windows, trim and accent features.
(a) Masonry shall be defined as stone, simulated stone, brick or a minimum of 2-
step hard coat stucco.
(b) The use of materials such as wood shingles or wood siding shall be limited to
accent features.
(2) The front of all homes and drive aisle-facing side of all corner units shall be 100%
masonry, with no more than 75% consisting of 2-step hard coat stucco.
(3) The front facades of 25% of the total number of units may use shake-style or board
and batten style cement-based siding, only on non-load bearing elements.
(4) Horizontally-installed or board and batten style cement-based siding may be used
on rear and side elevations of all units, except as noted in(2) above.
(5) The following shall be required on the rear second floor elevation of two story
units when the rear faces Sam Bass Road:
(a) One window enhancement from the following list:
i. Shutters
ii. Awnings or shed roofs
iii. Window trim
iv. Arch windows
(b) One design feature from the following list:
i. Board and batten siding
ii. Stucco
iii. Balcony
iv. Building offset
v. Box window
6.2. Garage Door Treatment
(1) An upgraded garage door, defined as a metal door with the addition of window
panels, a faux wood garage door with decorative hardware, or a wood clad garage
door, shall be required. Garages can be front load and placed forward of the front
fagade.
(2) Upgraded garage doors shall not be required for swing in, side entry garages.
6.3. Yard Fencing
Single family unit fencing shall be constructed of the following materials: brick,
stone,reinforced concrete, decorative masonry,wrought iron,tubular steel,redwood or
cedar with a picket size of 1" x 6", top cap, metal posts and treated rails, or other
equivalent materials approved by the Zoning Administrator.
6.4. Perimeter Fencing
(1) The location and types of the required perimeter fencing are indicated on Exhibit
"C". The three types of perimeter fencing are:
(a) Wood Fence: Cedar privacy fence with a picket size of 1"x 6", a top cap,treated
rails and metal posts; the finished side shall face the abutting properties.
(b) Masonry Fence: In compliance with Part III, Section 4-30 of the Code.
(c) 12'Masonry Fence: Materials used shall be in compliance with Part III, Section
4-30 of the Code.
6.5. Building Setbacks
(1) Setbacks for the common platted lot containing the single-family units shall be
according to those established for common lot townhouse lots in the TH
(Townhouse) zoning district.
(2) Individual condominium lot setbacks shall be according to Exhibit"D".
6.6. Parking
(1) A total of 4 parking spaces per unit are required:
(a) 2 garage enclosed parking spaces
(b) 2 parking spaces located in front of the garage and outside of the private-
access drive. Parking spaces shall measure 9' x 18'.
(2) Guest parking shall be provided by:
(a) Providing for parallel parking on one side of the drive aisle, which requires
a drive aisle width equivalent to 30-feet measured `face of curb to face of
curb'.
6.7. Private Drive Aisles
(1) A minimum width of 30' from `face of curb to face of curb' —parallel parking is
to be provided on one side; parallel parking subject to City design regulations,
including access for emergency vehicles.
(a) Shall include a four foot (4') wide sidewalk on one side of the drive.
(b) Subgrade to be approved by the City of Round Rock according to the
Transportation Manual, Section 3 —Pavement Design.
(c) A private home owners association will be established for the maintenance
of the private drive aisles.
6.8. Landscaping
(1) The landscape development standards outlined in Part III, Section 8-10 of the
Code shall apply, with the following modifications:
(a) All development areas, including residential, which include turf shall
utilize Drought Tolerant Turf Grasses, as defined by the Code.
(b) Plant material shall be of a native and/or adapted species, including those
selected by Native and Adapted Landscape Plants, an Earth-Wise Guide
for Central Texas, created by the Texas Cooperative Extension, Grow
Green and the Lady Bird Johnson Wildflower Center.
(c) Each single-family dwelling unit shall be provided with a minimum of
three(3)two—inch (2") caliper large species trees, whether through the
preservation of existing trees or planting of two-inch (2") caliper
container-grown trees.
(2) A private home owners association will be established for the maintenance of
any landscape and irrigation areas located between the private drive lanes and
single-family units as well as for all community signage, walls, medians,
common open spaces and detention areas.
6.9. Off-premise sign
(1) An off-premise sign for the business located at 2601 Sam Bass Road (`Chateau
on the Creek'), shall be allowed on the Property. The off-premise sign shall be
located adjacent to or within the existing 30' access easement indicated on
Exhibit "B", generally adjacent to Sam Bass Road.
(2) Notwithstanding the prohibition on off-premise signs, the sign shall comply
with all provisions of Part III, Chapter 8, Article IX of the Code with regard to
its location on a commercial roadway.
7. PARKLAND DEDICATION
Part 111, Section 4-63 of the Code shall be used to determine the parkland requirement,
using the TH (Townhouse) zoning district.
8. CHANGES TO DEVELOPMENT PLAN
8.1. Minor Changes
Minor changes to the Plan which do not substantially and adversely change this
Plan may be approved administratively, if approved in writing by the Director of
Planning and Development Services and the City Attorney.
8.2. Major Changes
All changes not permitted above shall be resubmitted following the same procedure
required by the original PUD application.
LIST OF EXHIBITS
Exhibit"A" Survey Field Notes
Exhibit"B" Concept Plan
Exhibit"C" Fencing
Exhibit"D" Condo Lot Setback
EXHIBIT "A"
Page 1 of 10
ase
GandSurveyors, Inc.
Zne 8000AndersonSquare Pj,Suite 101
Austin, Tuts 78757
Office:512.374.9722
Firm 1sg. No. 10015100
METES AND BOUNDS DESCRIPTION
BEING 25.73 ACRES OF LAND,OUT OF THE DAVID CURRY SURVEY,ABSTRACT
NUMBER 130 IN WILLIAMSON COUNTY,TEXAS;BEING A PORTION OF A CALLED
23.75 ACRE TRACT OF LAND CONVEYED TO THE JAMES CARSON AND VERA MAE
SMITH TRUST,OF RECORD IN DOCUMENT NUMBER 1995031509 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY,TEXAS AND KNOWN AS"TRACT FIVE"
THEREIN AND ALSO BEING A PORTION OF A 4.01 ACRE TRACT OF LAND CONVEYED
TO DEBORAH LYNN STANFORD BY INSTRUMENTS OF RECORD IN DOCUMENT
NUMBER 2016043342 AND DOCUMENT NUMBER 2016043344;BOTH OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2"rebar found with cap stamped"J.S. COALTER RPLS LSLS"for the
northeast corner of said 23.75 acre tract,being the southeast corner of a 2.30 acre tract of land
conveyed to Casey Family Investments,LLC by instrument of record in Document Number
2006106307 of the Official Public Records of Williamson County,Texas and also being in the west
right-of-way line of Sam Bass Road(R.O.W.varies);
THENCE along the east line of the 23.75 acre tract and said west right-of-way line of Sam Bass
Road the following eight(8)courses:
1. South 53'01'19"East a distance of 218.20 feet to a fence post;
2. South 52°50'43"East a distance of 194.06 feet to a fence post;
3. South 5392'58"East a distance of 116.46 feet to a fence post;
4. South 50°46'09"East a distance of 15.31 feet to a fence post;
5. South 75°02'02"East a distance of 95.43 feet to a fence post;
6. South 78°04'43"East a distance of 88.57 feet to a fence post;
7. South 77°34'05"East a distance of 231.85 feet to a fence post;
8. South 76°03'36"East a distance of 172.84 feet to a 1/2"rebar found with cap stamped
"LANDESIGN"for the southeast corner of the 25.73 acre tract;
Page 2 of 10
THENCE South 68°54'44"West(record: South 70°36'32"West),along the south line of the 23.75
acre tract and the west right-of-way of Sam Bass Road,passing at a distance of 23.68 feet a 1/2"
rebar found for the northeast corner of Lot 43,Block B,Creek Bend Section II;a subdivision of
record in Cabinet F,Slides 144-146 of the Plat Records of Williamson County,Texas and continuing
along the south line of the 23.75 acre tract and the north line of said Block B, Creek Bend Section II
for a total distance of 301.74 feet(record: 301.23 feet)to a 1/2" rebar found with cap stamped
LANDESIGN';
THENCE along the south line of the 23.75 acre tract and the north line of Block B,Creek Bend
Section II the following three(3)courses:
1. South 68°58'09"West a distance of 951.20 feet(record: South 70°42'21"West a distance
of 950.96 feet)to a 1/2"rebar found with cap stamped"LANDESIGN';
2. South 24°15'49"East a distance of 18.99 feet(record: South 22°41'51"East a distance of
18.75 feet)to a 1/2" rebar found;
3. South 70'14'47"West(record: South 71'42'00"West)a distance of 388.90 feet to a 1/2"
rebar found for the southwest corner of the 23.75 acre tract,being the southeast corner of a
2.1709 acre tract of land conveyed to Honey Bear Properties,LLC by instrument of record
in Document Number 2016095753 of the Official Public Records of Williamson County,
Texas and known as Tract 2 therein;
THENCE North 47°45'37"West(record: North 44°51'03"-West),along the west line of the 23.75
acre tract and the east line of said 2.1709 acre tract a distance of 394.26 feet(record: 394.94 feet)to
a 1/2"rebar found for the northeast corner of the 2.1709 acre tract,being in the south line of a 4.9190
tract of land conveyed to Honey Bear Properties,LLC by said instrument of record in Document
Number 2016095753 of the Official Public Records of Williamson County,Texas and known as
Tract 1 therein;
THENCE along the west line of the 23.75 acre tract and the east line of said 4.9190 acre tract the
following two(2)courses:
1. North 27°34'36"East(record: North 30°07'00"East)a distance of 153.77 feet to a 5/8"
rebar found;
2. North 47°17'30"West a distance of 303.22 feet(record: North 44°32'57"West a distance
of 303.13 feet)to a 5/8"rebar found for the northwest corner of the 23.75 acre tract,being
the northeast corner of the 4.9190 acre tract and being in the south line of said 4.01 acre
tract;from which a 1/2"rebar found with cap stamped"LANDESIGN"for an angle point in
the north line of the 23.75 acre tract and the south line of the 4.01 acre tract bears North
59°27'07"East(record: North 62°12'East)a distance of 61.58 feet;
THENCE along the south line of the 4.01 acre tract and the north line of the 4.9190 acre tract the
following two(2)courses:
1. South 59°27'07"West(record: South 62°12' West)a distance of 47.01 feet to a 1/2"rebar
found;
Page 3 of 10
2. South 54°11'05"West a distance of 104.39 feet(record: South 56°55' West a distance of
105.85 feet)to a calculated point in a branch of Brushy Creek for the southwest corner of the
4.01 acre tract,being the southeast corner of a 4.05 acre tract of land conveyed to Cecil W.
Fisher,Jr.and Sally S.Fisher by instrument of record in Volume 668,Page 657 of the Deed
Records of Williamson County,Texas;
THENCE upstream with said branch of Brushy Creek,being the west line of the 4.01 acre tract and
the east line of said 4.05 acre tract the following two(2)courses:
1. North 06035'55"West a distance of 240.04 feet(record: North 03°52'West a distance of
243.96 feet)to a calculated point;
2. North 15°47'29"West a distance of 34.57 feet(record: North 12°55' West a distance of
34.40 feet)to a calculated point for the northwest corner of the 4.01 acre tract,being the
southwest corner of a 2.00 acre tract of land conveyed to Sarah L.Williams by instrument of
record in Document Number 2017057094 of the Official Public Records of Williamson
County,Texas and described in Volume 670,Page 461 of the Deed Records of Williamson
County,Texas;
THENCE North 61042'59"East(record: North 64°28' East),along the north line of the 4.01 acre
tract and the south line of said 2.00 acre tract a distance of 355.34 feet to a 1/2"rebar found with
plastic cap,stamped"Steger Bizzell';
THENCE crossing through the 4:01 acre tract the following four(4)courses:
1. South 28°17'01"East a distance of 169.58 feet to a cotton spindle found;
2. North 69°12'39"East a distance of 124.65 feet to a cotton spindle found;
3. North 47015155"East a distance of 76.89 feet to a 1/2"rebar found with plastic cap,stamped
"Steger Bizzell";
4. North 15055'18"East a distance of 116.46 feet to a 1/2"rebar found in the east line of the
4.01 acre tract,being the northwest corner of said 2.30 acre tract and being the southwest
corner of a 1.279 acre tract of land conveyed to Rolando Y.Cruz and Delia B. Cruz by
instrument of record in Document Number 2016098026 of the Official Public Records of
Williamson County,Texas.
THENCE South 53°30'47"East(record: South 50°43'30"East),along the east line of the 4.01
acre tract and the west line of the 2.30 acre tract a distance of 221.72 feet to a 1/2" rebar found
with cap stamped'U.S. COALTER RPLS LSLS"for the southeast corner of the 4.01 acre tract,
being in the north line of the 23.75 acre tract and being the southwest corner of the 2.30 acre
tract; from which a 1/2"rebar found in the north line of the 23.75 acre tract and the south line of
the 4.01 acre tract bears South 69°12'23"West a distance of 338.08 feet(record: South 71°59'
West a distance of 338.36 feet;
THENCE along the north line of the 23.75 acre tract and the south line of the 2.30 acre tract the
following two(2)courses:
1. North 69°14'49"East a distance of 136.74 feet(record: North 72°06'52"East a distance of
136.67 feet)to a 1/2"rebar found;
Page 4 of 10
2. North 60°55'46"East a distance of 253.89 feet(record: North 63°46'42"East a distance of
253.99 feet to the POINT OF BEGINNING.
This tract contains 25.73 acres of land,more or less,out of the David Curry Survey,Abstract
Number 130 in Williamson County,Texas.
Bearing Basis:Texas State Plane Coordinates,Central Zone,NAD 83\96CORS.
O �.
Ronnie Wallace Datsv'
�t/LreTxasopeasse�uwao¢.cc r ;,
Registered Professional Land Surveyor
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State of Texas No.5222 �4' �®Ksassaanxxxuca t. `
a
File: S:\Pro'ects\Sam Bass\Docs\Field Notes\Sam Bass&3 Ac.M&B fn.doc
I LEGEND
SYMBOL DESCRIPTION
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THE JAMES CARSON AND VERA MAE SMITH TRUST, OF RECORD IN OFFICE: 511.374.9722
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PORTION OF A CALLED 23.75 ACRE TRACT OF LAND CONVEYED TO 8000 ANDERSON SQUARE ROAD, SUITE 101 AUSTIN, TEXAS 78757
THE JAMES CARSON AND VERA MAE SMITH TRUST, OF RECORD IN OFFICE. 512.374.9722
DOCUMENT NUMBER 1995031509 OF THE OFFICIAL RECORDS OF REGISTERED FIRM /10015100
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PORTION OF A CALLED 23.75 ACRE TRACT OF LAND CONVEYED TO 8000 ANDERSON SQUARE ROAD, SUITE 101 AUSTIN. TEXAS 78757
THE JAMES CARSON AND VERA MAE SMITH TRUST, OF RECORD IN OFFICE. 512.374,9722
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PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS Date: 07/v/1e a�xedBy:ewe Draw„sBy.,RDw 8 of 10
SARAH L. WILLIAMS
2.00 AC.
DOC. NO. 2017057094 O.P.R.W.C.T.
DESCRIBED IN
VOL. 670, PG. 461 D.R.W.C.T.
I [N64'28'El
3 0) N61'42'59 'E 355.34'
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SALLY S. FISHER OD
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SKETCH TO ACCOMPANY DESCRIPTION BASELINE LAND SURVEYORS, INC.
OF 25.73 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY,
ABSTRACT NUMBER 130 IN WILLIAMSON COUNTY, TEXAS; BEING A PROFESSIONAL LAND SURVEYING SERVICES
PORTION OF A CALLED 23.75 ACRE TRACT OF LAND CONVEYED TO 8000 ANDERSON SQUARE ROAD, SUITE 101 AUSTIN. TEXAS 78757
THE JAMES CARSON AND VERA MAE SMITH TRUST, OF RECORD IN OFFICE: 512.374.9722
DOCUMENT NUMBER 1995031509 OF THE OFFICIAL RECORDS OF REGISTERED FIRM /10015100
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RECORD IN DOCUMENT NUMBER 2016043344 OF THE OFFICIAL Sink(Hm..): 1•=80 scale(Vert): 9 of 10
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS Date; 07117118 1 Checked By:BW8 I Drawn By:RLW
SARAH L. WILLIAMS \
2.00 AC.
DOC. NO. 2017057094
I O.P.R.W.C.T.
DESCRIBED IN
VOL. 670, PG. 461
DC.
--- - --- - -- -
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ROLANDO Y. CRUZ &
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DOC. NO. 9531509
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__SHEET 10 _ SHEET 10__
SHEET 8 �— SHEET 7
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SKETCH TO ACCOMPANY DESCRIPTION BASELINE LAND SURVEYORS, INC.
OF 25.73 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY,
ABSTRACT NUMBER 130 IN WILLIAMSON COUNTY, TEXAS; BEING A PROFESSIONAL LAND SURVEYING SERVICES
PORTION OF A CALLED 23.75 ACRE TRACT OF LAND CONVEYED TO 8000 ANDERSON SQUARE ROAD, SUITE 101 AUSTIN, TEXAS 78757
THE JAMES CARSON AND VERA MAE SMITH TRUST, OF RECORD IN OFFICE: 512.374.9722
DOCUMENT NUMBER 1995031509 OF THE OFFICIAL RECORDS OF REGISTERED FIRM 110015100
WILLIAMSON COUNTY, TEXAS AND KNOWN AS "TRACT FIVE" THEREIN ronObaaeHnelandsurvoyora.not
AND ALSO BEING A PORTION OF A 4.01 ACRE TRACT OF LAND "WSIRvle=lsan
CONVEYED TO DEBORAH LYNN STANFORD BY INSTRUMENT OF ob No. Snapshot: SHEET
RECORD IN DOCUMENT NUMBER 2016043344 OF THE OFFICIAL Scale(Hor.): 1'-a0 Scale(Vert): 10 of 10
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS care: 07117/1e 1 Ovdred By.ewe I Drawn By.,RL-LA
SUBDIVISION
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3.77 AC.
CASEY FAMILY INVESTMENTS, LLC
- i 2.30 AC.
- I DOC, N0. 2006106307 O.P.R.W.C.T.
EXISTING 30' ACCESS EASEMENT
EXISTING ROAD TO BE IMPROVED
/ SENSITIVE FEATURE
50' BUFFER CREEK BEND SECTION II
__ f CAB. F, SL 144-146 '
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DOC. NO. 2016043342 O.P.R.W.C.T. --
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MARK W. & KATHY S. HUNT LEGEND
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/'- DOC. N0. 2006092388 A
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BRUSHY CREEK PLAN APPROVAL)
CLEAR CREEK RANCH PUD
JAMISON CIVIL ENGINEERING LLC
(TX.PE FIRM REG.#F-17756)
CONCEPT PLAN 13812 RESEARCH BLVD.#B-2
EXHIBIT B AUSTIN,TEXAS 78750 JCE
OFFICE:(737)484-0880
INFO@JAMISONENG.COM
2511 SAM BASS ROAD
File.H:1CLEAR CREEK RANCHIDWG\PLANSICONCEPT PLAN-PUD DWG SHEET
ROUND ROCK TEXAS 78681 Job No. Snapshot:
+ Scale(Hor.): 1"=200' 1 Scale(Vert.): �I O f �)
Date August 22,2018 Checked By; Drawn By: AA 1 I
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JAMISON CIVIL ENGINEERING LLC
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FENCING PLAN 13812 RESEARCH BLVD.#13-2 JCE
EXHIBIT C AUSTIN,TEXAS 78750
OFFICE:(737)484-0880
INFO@JAMISONENG.COM
2511 SAM BASS ROAD File H1CLEAR CREEK RANCHOWGIPLANMONCEPT PLAN PUD DWG
ROUND ROCK TEXAS 78681 e Snapshot: SHEET
r SScacale(Hor.): 1"=200' Scale(Vert.): �1 O f
Dale:JULY 03,2018 Checked By: Drawn By: AA I
BUILDING SEPARATION NOTE:
1. 10' MINIMUM SEPARATION MEASURED FROM ROOF EAVE TO ROOF EAVE.
DRIVE AISLE
I 20' FRONT �1 rSEETBACK
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CLEAR CREEK RANCH JAMISON CIVIL ENGINEERING LLC
(TX. PE FIRM REG.#F-17756)
CONDO LOT SETBACK EXHIBIT 13812 RESEARCH BLVD.#B-2
EXHIBIT D AUSTIN,TEXAS 78750
OFFICE:(737)484-0880 JCE
2511 SAM BASS ROAD INFO@JAMISONENG.COM
He H:\CLEAR CREEK RANCH\DWGTLANS\CONCEPT PLAN_PUD.DWG SHEET
ROUND ROCK TEXAS 78681 Job No. pshot
+ SnaScale(Hor.): 1"=200' Scale(Vert.): 1 O f
Date JULY 03,2018 Checked By: Drawn By AA