O-2020-0015 - 1/9/2020 ORDINANCE NO. 0-2020-0015
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN ZONING AND
DEVELOPMENT CODE, CHAPTER 2, ARTICLE I, SECTION 2-2(b)(1),
CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 5.031 ACRES OF
LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PF-
3 (PUBLIC FACILITIES — HIGH INTENSITY) TO DISTRICT PUD
(PLANNED UNIT DEVELOPMENT) NO. 111; AND TO AMEND
ORDINANCE NO. 0-2017-4746, ADOPTED BY THE CITY COUNCIL OF
ROUND ROCK, TEXAS, ON SEPTEMBER 28, 2017, TO INCLUDE SAID
5.031 ACRES WITHIN PUD NO. 111; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
WHEREAS, on May 10, 2012, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-12-05-10-1-13, which zoned 5.031 acres, attached hereto as
Exhibit "1", as PF-3 (Public Facilities — High Intensity), and
WHEREAS, on September 28, 2017, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. 0-2017-4746, which established PUD No. 111, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to rezone said 5.031 acres from PF-3 (Public Facilities — High
Intensity) zoning district to Planned Unit Development (PUD) No. 111 zoning district,
and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-12-05-10-H3 and Ordinance
No. 0-2017-4746 on the 4th day of December, 2019, following lawful publication of said
public hearing, and
0112.1902;00436738
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. Z-12-05-10-
H3 and Ordinance No. 0-2017-4746 be amended, and
WHEREAS, on the 9th day of January, 2020, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-12-05-
10-H3 and Ordinance No. 0-2017-4746, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-12-05-10-H3 and Ordinance No. 0-2017-4746 promotes the health,
safety, morals and general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Zoning and Development Code, Chapter 10,
Article I, Section 10-2 and Article IV, Section 10-22, Code of Ordinances (2018 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:
That the City Council hereby determines that the proposed amendment to
Ordinance No. Z-12-05-10-H3 and Ordinance No. 0-2017-4746 meet the following
goals and objectives:
(1) The amendment to P.U.D. #111 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #111 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
2
(3) The amendment to P.U.D. #111 does not have an undue adverse effect
on adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
II.
That the Official Zoning Map adopted in Zoning and Development Code, Chapter 2,
Article I, Section 2-2(b)(1), Code of Ordinances (2018 Edition), City of Round Rock,
Texas, is hereby amended so that the zoning classification of the 5.031 acres described
in Exhibit 1", attached hereto and incorporated herein, shall be, and is hereafter
designated as included within Planned Unit Development (PUD) No. 111.
III.
That the Development Plan of PUD No. 111, as approved in Ordinance No. 0-
2017-4746, is hereby amended to include said 5.031 acres, being described in Exhibit
"1", attached hereto.
IV.
That Exhibit "C" of the Development Plan of PUD No. 111, as approved in
Ordinance No. 0-2017-4746, is hereby amended to add an additional reciprocal
easement, attached hereto and incorporated herein as Exhibit "C-2".
V.
That Exhibit "D", as approved in Ordinance No. 0-2017-4746, is hereby deleted
in its entirety, and replaced with the "Revised Exhibit D", attached hereto and
incorporated herein.
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Vi.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day of
aVIm , 2020.
Alternative 2.
READ and APPROVED on first reading this the day of
12020.
READ, APPROVED and ADOPTED on second reading this the day of
, 2020.
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-4 ,01
CRAIG MO GAN ayor
City of Round Roc , Texas
ATTEST:
Qv/�L--. M��
SARA L. WHITE, City Clerk
5
EXHIBIT
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METES AND BOUNDS DESCRIPTION
FOR A 5.031 ACRE TRACT OF LAND, SITUATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE
REMNANT PORTION OF THE CALLED 5.32 ACRE TRACT OF LAND CONVEYED TO
THE FELLOWSHIP AT FOREST CREEK, RECORDED IN DOCUMENT NO.
2005011271, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID
5.031 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found on the southeast corner of said called 5,32 acre
THE FELLOWSHIP AT FOREST CREEK tract, same being on the southwest corner of
the remnant portion of the called 5.339 acre tract of land conveyed to EVEN ROCK,
LLC, recorded in Document No. 2018071636, Official Public Records of Williamson
County, Texas, same being on a point in the northerly boundary line of the called 5.524
acre tract of land conveyed to FRED ROBERT ANDERS, JR. and AMANDA ANDERS,
HUSBAND and WIFE, recorded in Document No. 2019050712, Official Public Records
of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING
hereof;
THENCE S 88°00'29' W, with the southerly boundary line of said called 5.32 acre THE
FELLOWSHIP AT FOREST CREEK tract, same being with said northerly boundary line
of the called 5.524-acre ANDERS tract, for a distance of 344.10 feet to the calculated
unmonumented southwest corner of said called 5.32-acre THE FELLOWSHIP AT
FOREST CREEK tract, same being on the calculated unmonumented northwest corner
of said 5.524-acre ANDERS tract, same being on an angle point in the easterly right-of-
way line of WESTVIEW DRIVE (50' right-of-way width), for the southwest corner hereof,
from which a 1/2" iron rod found on the southwest corner of said 5.524-acre ANDERS
tract bears S 01 05745' E for a distance of 349.78 feet;
THENCE N 02003'07' W, with the westerly boundary line of said called 5.32-acre THE
FELLOWSHIP AT FOREST CREEK tract, same being with said easterly right-of-way
line of said WESTVIEW DRIVE, for a distance of 637.69 feet to an iron rod found with
aluminum cap marked "ROW 4933" on the northwest corner of said remnant portion of
the called 5.32-acre THE FELLOWSHIP AT FOREST CREEK tract, same being on the
southeast intersection of said easterly right-of-way line of WESTVIEW DRIVE and the
southerly right-of-way line of GATTIS SCHOOL ROAD (right-of-way width varies), same
being on the southwest corner of the called 0.301 acre tract of land conveyed to the
CITY OF ROUND ROCK, TEXAS, recorded in Document No. 2019017219, Official
Public Records of Williamson County, Texas, for the northwest corner hereof;
1
THENCE, with the northerly boundary line of said remnant portion of the called 5.32-acre
THE FELLOWSHIP AT FOREST CREEK tract, same being with the southerly boundary
line of said 0.301-acre CITY OF ROUND ROCK, TEXAS tract recorded in said
Document No. 2019017219, same being with said southerly right-of-way line of GATTIS
SCHOOL ROAD the following two (2) courses and distances:
1. N 88°5454" E for a distance of 113.00 feet to an iron rod found with aluminum
cap marked"ROW 4933", for an angle point hereof
2. N 87046'47" E for a distance of 231.52 feet to an iron rod found with aluminum
cap marked "ROW 4933" on the northeast corner of said remnant portion of the
called 5.32-acre THE FELLOWSHIP AT FOREST CREEK tract, same being on
the southeast corner of said 0.301-acre CITY OF ROUND ROCK, TEXAS tract,
recorded in said Document No. 2019017219, same being on the southwest
corner of a called 0.301 acre tract of land conveyed to the CITY OF ROUND
ROCK, TEXAS, recorded in Document No. 2019018799, Official Public Records
of Williamson County, Texas, same being on a point in said southerly right-of-
way line of GATTIS SCHOOL ROAD, same being on the northwest corner of
aforementioned remnant portion of the called 5.339-acre EVEN ROCK, LLC
tract, for the northeast corner hereof
THENCE S 02000156' E, with the common boundary line of said called 5.32-acre THE
FELLOWSHIP AT FOREST CREEK tract and said 5.339-acre EVEN ROCK, LLC tract,
for a distance of 636.83 feet to the POINT OF BEGINNING hereof and containing 5.031
acres of land more or less.
BEARING BASIS: NAD-83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM. All
distances are surface distances. Combined Surface Adjustment Factor used for this
survey Is 1.00011.
A drawing has been prepared to accompany this metes and bounds description.
<>DIA MOND SUR VE17MG INC,
116,5 3'I,L1'F.ROAD,GEORGF.TOII'l•7'.l ;W6 4
(513)931-3100 :.........'..\..........:....
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SHANE SHAFER, R.P.L.S. NO. 5281 DATE
Z:%WAELTZ & PRETEIGATTIS SCHOOL ROADIPROIECT 2 -3415 & 3467 GATTIS SCHOOL RD - ATLIN
VILLAGE TOWNHOMES'.11-11-2019 3415 GATTIS SCHOOL ROAD REZONE TRACT M&B.doc
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2
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
FOR A 5.031 ACRE TRACT OF LAND, SITUATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE
REMNANT PORTION OF THE CALLED 5.32 ACRE TRACT OF LAND CONVEYED TO
THE FELLOWSHIP AT FOREST CREEK, RECORDED IN DOCUMENT NO. 2005011271,
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
ADDRESS: 3415 GATTIS SCHOLL ROAD, ROUND ROCK, TEXAS 78664 GATTIS SCHOOL ROAD SCALE: 1"= 100'
R.O.W. WIDTH VARIES
CITY OF ROUND ROCK, TEXAS
CITY OF ROUND ROCK, TEXAS CALLED 0.301 AC.
ALUM. CAP CALLED 0.301 AC. DOC. NO. 2019018799, O.P.R.W.C.T.
"ROW 4933" N 88'54'54" E DOC. NO. 201 901 721 9, O.P.R.W.C,T. ALUM. CAP
113.00' ALUM. CAP N 8T46'47" E "ROW 4933"
"ROW 4933" 231.52'
SURFACE VALUES LEGEND
N:10155741.11
E:3149128.26
GRID COORDINATES
N:10154624.11 - 1 2" IRON ROD FOUND
E:3148781,89 (UNLESS OTHERWISE NOTED) I
A = CALCULATED POINT
P.O.B. = POINT OF BEGINNING I
R.O.W. = RIGHT—OF—WAY I
SUBJECT TRACT ALUM. = ALUMINUM
5.031 ACRE O.P.R.W.C.T = OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
EVEN ROCK, LLC
THE FELLOWSHIP AT REMNANT PORTION OF
mCALLED 5.339 AC 1
N z FOREST CREEK DOC. NO. 2018071636 II
REMNANT PORTION OF o
—I Q rn N o.P.R.w.c.T.
< N CALLED 5.32 AC. rn o
m v O DOC. NO. 2005011271 ora q GENERAL NOTES:
m O.P.R.W.C.T. ca rn
v o r 1) BEARING BASIS: NAD-83, TEXAS CENTRAL
(4203), STATE PLANE SYSTEM. DISTANCES I
< SHOWN HEREON ARE SURFACE DISTANCES
m BASED ON A COMBINED SURFACE
ADJUSTMENT FACTOR OF 1.00011. I
2) THIS SURVEY WAS PERFORMED WITHOUT 1
THE BENEFIT OF A TITLE COMMITMENT AND I
DOES NOT SHOW ANY EASEMENTS THAT MAY I
AFFECT THE SUBJECT TRACT SHOWN HEREON.
THIS SURVEY IS NOT INTENDED TO BE USED
AS A LAND TITLE SURVEY. I
SURFACE VALUES 3) ALL DOCUMENTS LISTED HEREON ARE
N:10155104.67 RECORDED IN THE OFFICE OF THE COUNTY I
E:3149150.66 CLERK OF WILLIAMSON COUNTY, TEXAS.
GRID COORDINATES
N:10153987.73
E:3148804.29
P.O.B.
S 88'00'29" W E. O F .T
344.10' FRED ROBERT ANDERS JR. AND
AMANDA ANDERS,
o HUSBAND AND WIFE ••••.••••••••••••••••••••�•••••
0 L4
p CALLED 5.524 AC. SHANE SHAPER
v' DOC. NO. 2019050712 """"""""""""'
C (D J
z � o.P.R.w.C.T. '; 5281
P 00Ln
in
m TO: CITY OF ROUND ROCK,TEXAS EXCLUSIVELY S U R`I�
Ln� SHEET 1 OF 1
oz
N� <> DIAMONDS URVEYING, INC.
NOVEMBER 11, 2019 116 SKYLINE ROAD,GEORGETOWN,TEXAS 78628
Shane Shafer, R.P.L.S. Nb. 5281 DATE (512)931-3100
T.B.P.L.S.FIRM NO.10006goo
9 EXHIBIT
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RECIPROCAL ACCESS EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
EVEN ROCK LLC whose mailing address is P.O. Box 8127, Round Rock, Texas
78683, LYNNWOOD VIEW LLC, whose mailing address is P.O. Box 8127, Round
Rock, Texas 78683, RAMSWAROOP BODDU & RAMSI SURENDRAN BODDU
("Boddu"), whose mailing address is 3517 Gattis School Road, Round Rock, Texas
78664, and DOUGLAS E, MARTIN ("Martin"), whose mailing address is 3525 Gattis
School Road, Round Rock, Texas 78664, convey reciprocal easements to each other, on
the basis of the following facts and understandings.
RECITALS
1. EVEN ROCK LLC owns certain property ("Property A") located in Round Rock,
Texas,and described as:
Being approximately 5.339 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to EVEN ROCK LLC, recorded in Document Number
2018071636 of the Williamson County Official Public Records.
2. LYNNWOOD VIEW LLC owns certain other property ("Property B") located in
Round Rock, Texas. Property B is described as:
Being approximately 5.20 acres out: of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to LYNNWOOD VIEW LLC, recorded in Document
Number 2019063781 of the Williamson County Official Public Records.
3. Boddu owns certain other property ("Property C") located in Round Rock, Texas.
Property C is described as:
Being approximately 5.32 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to Ramswaroop R. Boddu and Resmi Surdendran,
husband and wife, recorded in Document Number 2013003409 of the
Williamson County Official Public Records.
4. Martin owns certain other property("Property D"). Property D is described as:
379807bk
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Being approximately 5.32 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to Douglas E. Martin and wife, Martha J. Martin, of
record in Volume 821, Page 258, Deed Records, Williamson County,
Texas.
5. EVEN ROCK LLC, LYNNWOOD VIEW LLC, Boddu, and Martin are hereinafter
collectively referred to as the"Parties".
6. Property A, Property B, Property C, and Property D are hereinafter collectively
referred to as the"Properties".
7. The Properties are all located adjacent to and have access to Gattis School Road
8. The City of Round Rock has plans to further develop and widen Gattis School Road,
which may impact the Properties' access to Gattis School Road.
9. The Parties wish to grant twenty-six (26) foot wide reciprocal access easements
parallel and adjacent to the Gattis School Road right-of-way, over, under, and across
those portions of the Properties directly to the south of the Gattis School Road right-
of-way(the "Easement Area").
10. The Parties desire to have the mutual and reciprocal right to use the entire surface of
the Road for purposes of ingress and egress.
f
THE PARTIES THEREFORE AGREE, in consideration of the mutual and
reciprocal grants and agreements made here, as follows:
f
f CONVEYANCE
Grant of Reciprocal Access Easements
1. The Parties hereby grant to each other a permanent, non-exclusive easement for
vehicular and pedestrian access within the Easement Area located from time to
time on their respective property (the "Reciprocal Easements"). Except to abate
an emergency, no trees, permanent buildings, structures, fences or other barriers
shall be placed in the Easement Area or shall be allowed to prevent, hinder or
interfere in any way with the free flow and passage of vehicular and pedestrian
traffic over, to, and from the Easement Area, and no change of rade elevation g g nor
excavation shall be made upon the Easement Area, without the prior approval of
each Property Owner, which approval shall not be unreasonably withheld or
delayed.
is
2
Purpose of Easement
2. This access easement, with its rights and privileges, shall be used only for the
purpose of providing pedestrian and vehicular ingress and egress over and across
said properties.
Duration of Easement
3. This easement shall.be perpetual.
Warranty of Title
4. Each Partys' heirs, personal representatives, successors, and assigns are and shall
be bound to warrant and forever defend the easement and rights conveyed in this
instrument to the other Party's heirs, personal representatives, successors, and
assigns against every person lawfully claiming or to claim all or any part of the
interest in the Property.
Nonexclusivity of Easement
5. The easement, rights, and privileges granted by this conveyance are nonexclusive,
and each Party reserves and retains the right to convey similar rights and
easements to such other persons as each Party may deem proper,
Indemnity
6. Each Party shall hold harmless, defend, and indemnify the other Party against any
suits, liabilities, claims, demands or damages, including but not limited to
personal injuries and attorneys' fees, arising from any Party's exercise of
E
easement rights granted by this instrument.
Maintenance
7. Each Property Owner shall pay the expense of maintaining and repairing the
Easement Area on their respective property, including the payment of all real
estate taxes and assessments,
Rights Reserved
k 8. Each Party retains, reserves, and shall continue to enjoy the use of the surface of
the easement area described in Paragraph 4 of this Agreement for any and all
purposes that do not interfere with and prevent other Party's use of the easement.
I? This includes, without limitation, the right to build and use the surface of the
easement area for drainage ditches and private streets, roads, driveways, alleys,
walks, gardens, lawns, planting or parking areas, and other like uses and to
3
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dedicate all or any pant of the easement area to any city for use as a public street,
road, or alley.
Covenants Running with Land
9. The rights contained within this Reciprocal Access Easement shall run with the
land and inure to and be for the benefit of each Property Owner, their successors
and assigns, and the tenants, agents, employees, sub-tenants, licensees,
concessionaires, mortgagees in possession, customers and business invitees of
such persons. The rights conferred hereby shall'be enforceable by injunction in
the appropriate court in the event of their breach.
Entire Agreement
10. This Reciprocal Access Easement contains the entire agreement between the
parties relating to its subject matter. Any oral representations or modifications
concerning this Agreement shall be of no force and effect. Any subsequent
amendment or modification must be in writing and agreed to by the Parties.
Executed this day of _ 72019.
(slgnalure pages follow)
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Property A: By:
EVMRCKCDate: q
ACKNOWLEDGMENT
,,,,,,'Y' '- REVA KEY
STATE OF TEXAS ?�`' •u��;--
Notary Public,State of Texas
' Notary iD#13178829-8
COUNTY OF 1 r § '�,sf, ,,,,..•�y, My Commlasbn Explre1
1 ( 1r` SU '"��F.�:,;E'''' JANUARY 22,2023
This instrument was acknowledged before me on this the day of
!r , 2019 by STEVEN TONG, MANAGER OF EVEN ROCK LLC,
in the capacity and for the purposes and consideration recited therein.
Notary Public, State of Texas
Property B:
By:
LYNNW OD VIEW LLC
Date:
ACKNOWLEDGMENT
,,,���"Y'�U- REVA KEY
STATE OF TEXAS § off••..�
r
:• �'-- Notary Public,State of Texas
}, •i+` Notary ID#13178829-8
COUNTY OF .
�;� y= ►fi►rommiesbn t:xplree
§ y''l••�••*��, JANUARY 22,2023
This instrument was acknowledged before me on this the ��p day of
1- ''c%VQ�, 2019 by STEVEN TONG, MANAGER OF LYNNWOOD
VIEW LLC, in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texa
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5
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Driveway 1 Driveway 2 Driveway 3
Gattis School Rd
'CD(n1 Lot 5 Lot G Lot 8 Lot 9 Lot 1
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Cross Access
rEasement
ELECTRONICALLY RECORDED 2020106811
Williamson County, Texas Total Pages: 16
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
*This is a correction certification to correct an error made in recorded document number
2020004389. The document contained an incorrect exhibit "A" that being pages 16-32 of the
originally recorded document. This exhibit is not part of the ordinance and should not have been
included.
I, SARA L. WHITE, City Clerk 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. R-2020-0015 which rezones 5.031 acres of land to PUD
(Planned Unit Development) No. 111 and amends PUD No. 111. This ordinance was approved
and adopted at a regular meeting held by the City Council on the 9th day of January 2020 and
recorded in the City Council minute book no. 62.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 4th day of
September 2020.
I /
.• #r�, SARA L. WHITE, TRMC, City Clerk
so
146
2020106811 Page 2 of 16
ORDINANCE NO. 0-2020-0015
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN ZONING AND
DEVELOPMENT CODE, CHAPTER 2, ARTICLE I, SECTION 2-2(b)(1),
CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 5.031 ACRES OF
LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PF-
3 (PUBLIC FACILITIES - HIGH INTENSITY) TO DISTRICT PUD
(PLANNED UNIT DEVELOPMENT) NO. 111; AND TO AMEND
ORDINANCE NO. 0-2017-4746, ADOPTED BY THE CITY COUNCIL OF
ROUND ROCK, TEXAS, ON SEPTEMBER 28, 2017, TO INCLUDE SAID
5.031 ACRES WITHIN PUD NO. 111; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
WHEREAS, on May 10, 2012, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-12-05-10-H3, which zoned 5.031 acres, attached hereto as
Exhibit "1", as PF-3 (Public Facilities — High Intensity), and
WHEREAS, on September 28, 2017, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. 0-2017-4746, which established PUD No. 111, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to rezone said 5.031 acres from PF-3 (Public Facilities — High
Intensity) zoning district to Planned Unit Development (PUD) No. 111 zoning district,
and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-12-05-10-H3 and Ordinance
No. 0-2017-4746 on the 4th day of December, 2019, following lawful publication of said
public hearing, and
0112 1902,00136738
2020106811 Page 3 of 16
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. Z-12-05-10-
H3 and Ordinance No. 0-2017-4746 be amended, and
WHEREAS, on the 9th day of January, 2020, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-12-05-
10-H3 and Ordinance No. 0-2017-4746, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-12-05-10-H3 and Ordinance No. 0-2017-4746 promotes the health,
safety, morals and general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Zoning and Development Code, Chapter 10,
Article I, Section 10-2 and Article IV, Section 10-22, Code of Ordinances (2018 Edition),
City of Round Rock, Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council hereby determines that the proposed amendment to
Ordinance No. Z-12-05-10-H3 and Ordinance No. 0-2017-4746 meet the following
goals and objectives:
(1) The amendment to P.U.D. #111 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #111 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
2
2020106811 Page 4 of 16
(3) The amendment to P.U.D. #111 does not have an undue adverse effect
on adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
II.
That the Official Zoning Map adopted in Zoning and Development Code, Chapter 2,
Article I, Section 2-2(b)(1), Code of Ordinances (2018 Edition), City of Round Rock,
Texas, is hereby amended so that the zoning classification of the 5.031 acres described
in Exhibit "1", attached hereto and incorporated herein, shall be, and is hereafter
designated as included within Planned Unit Development (PUD) No. 111.
III.
That the Development Plan of PUD No. 111, as approved in Ordinance No. 0-
2017-4746, is hereby amended to include said 5.031 acres, being described in Exhibit
"1", attached hereto.
IV.
That Exhibit "C" of the Development Plan of PUD No. 111, as approved in
Ordinance No. 0-2017-4746, is hereby amended to add an additional reciprocal
easement, attached hereto and incorporated herein as Exhibit "C-2".
V.
That Exhibit "D", as approved in Ordinance No. 0-2017-4746, is hereby deleted
in its entirety, and replaced with the "Revised Exhibit D", attached hereto and
incorporated herein.
3
2020106811 Page 5 of 16
VI.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this Ct - day of
1VtL4t ! , 2020.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2020.
READ, APPROVED and ADOPTED on second reading this the day of
, 2020.
4
2020106811 Page 6 of 16
CRAIG MO GAN ayor
City of Round Roc , Texas
ATTEST:
L-.
SARA L. WHITE, City Clerk
5
2020106811 Page 7 of 16
EXHIBIT
%I1It
METES AND BOUNDS DESCRIPTION
FOR A 5.031 ACRE TRACT OF LAND, SITUATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE
REMNANT PORTION OF THE CALLED 5.32 ACRE TRACT OF LAND CONVEYED TO
THE FELLOWSHIP AT FOREST CREEK, RECORDED IN DOCUMENT NO.
2005011271, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID
5.031 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found on the southeast corner of said called 5.32 acre
THE FELLOWSHIP AT FOREST CREEK tract, same being on the southwest corner of
the remnant portion of the called 5.339 acre tract of land conveyed to EVEN ROCK,
LLC, recorded in Document No. 2018071636, Official Public Records of Williamson
County, Texas, same being on a point in the northerly boundary line of the called 5.524
acre tract of land conveyed to FRED ROBERT ANDERS, JR. and AMANDA ANDERS,
HUSBAND and WIFE, recorded in Document No. 2019050712, Official Public Records
of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING
hereof;
THENCE S 88°00'29' W, with the southerly boundary line of said called 5.32 acre THE
FELLOWSHIP AT FOREST CREEK tract, same being with said northerly boundary line
of the called 5.524-acre ANDERS tract, for a distance of 344.10 feet to the calculated
unmonumented southwest corner of said called 5.32-acre THE FELLOWSHIP AT
FOREST CREEK tract, same being on the calculated unmonumented northwest corner
of said 5.524-acre ANDERS tract, same being on an angle point in the easterly right-of-
way line of WESTVIEW DRIVE (50' right-of-way width), for the southwest corner hereof,
from which a 1/2" iron rod found on the southwest corner of said 5.524-acre ANDERS
tract bears S 01°57'45' E for a distance of 349.78 feet;
THENCE N 02°03'07' W, with the westerly boundary line of said called 5,32-acre THE
FELLOWSHIP AT FOREST CREEK tract, same being with said easterly right-of-way
line of said WESTVIEW DRIVE, for a distance of 637.69 feet to an iron rod found with
aluminum cap marked "ROW 4933" on the northwest corner of said remnant portion of
the called 5.32-acre THE FELLOWSHIP AT FOREST CREEK tract, same being on the
southeast intersection of said easterly right-of-way line of WESTVIEW DRIVE and the
southerly right-of-way line of GATTIS SCHOOL ROAD (right-of-way width varies), same
being on the southwest corner of the called 0.301 acre tract of land conveyed to the
CITY OF ROUND ROCK, TEXAS, recorded in Document No. 2019017219, Official
Public Records of Williamson County, Texas, for the northwest corner hereof;
2020106811 Page 8 of 16
THENCE, with the northerly boundary line of said remnant portion of the called 5.32-acre
THE FELLOWSHIP AT FOREST CREEK tract, same being with the southerly boundary
line of said 0.301-acre CITY OF ROUND ROCK, TEXAS tract recorded in said
Document No. 2019017219, same being with said southerly right-of-way line of GATTIS
SCHOOL ROAD the following two (2) courses and distances:
1. N 88°54'54" E for a distance of 113.00 feet to an iron rod found with aluminum
cap marked"ROW 4933", for an angle point hereof
2. N 87°46'47" E for a distance of 231.52 feet to an iron rod found with aluminum
cap marked "ROW 4933" on the northeast corner of said remnant portion of the
called 5.32-acre THE FELLOWSHIP AT FOREST CREEK tract, same being on
the southeast corner of said 0.301-acre CITY OF ROUND ROCK, TEXAS tract,
recorded in said Document No. 2019017219, same being on the southwest
corner of a called 0.301 acre tract of land conveyed to the CITY OF ROUND
ROCK, TEXAS, recorded in Document No. 2019018799, Official Public Records
of Williamson County, Texas, same being on a point in said southerly right-of-
way line of GATTIS SCHOOL ROAD, same being on the northwest corner of
aforementioned remnant portion of the called 5.339-acre EVEN ROCK, LLC
tract, for the northeast corner hereof
THENCE S 02°00'56' E, with the common boundary line of said called 5.32-acre THE
FELLOWSHIP AT FOREST CREEK tract and said 5.339-acre EVEN ROCK, LLC tract,
for a distance of 636.83 feet to the POINT OF BEGINNING hereof and containing 5.031
acres of land more or less.
BEARING BASIS: NAD-83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM, All
distances are surface distances. Combined Surface Adjustment Factor used for this
survey is 1.00011.
A drawing has been prepared to accompany this metes and bounds description.
<>DIAMOND SURVEY ING, INC
1I6 SA-MAW ROAD.GEOIZGF.TUII',1.1'V:862P c-_,: � L' •, n
(512)9.71-3100 •
T B.P.L,S.Fll?Jf NO.10006900 + S H A`4 E S H A=E R '
5?P I .•
November 11, 2019 r AP-
SHANE SHAFER, R.P.L.S. NO. 5281 DATE
Z:'WAELTZ & PRETEIGATTIS SCHOOL ROAD\PROJECT 2 -3415 & 3467 GATTIS SCHOOL RD - ATLEN
VILLAGE TOWNHOMES.1 1-11-2019 3415 GATTIS SCHOOL ROAD REZONE TRACT M&B.doc
2
2020106811 Page 9 of 16
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
FOR A 5.031 ACRE TRACT OF LAND, SITUATED IN THE ASA THOMAS SURVEY, i
ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE
REMNANT PORTION OF THE CALLED 5.32 ACRE TRACT OF LAND CONVEYED TO
THE FELLOWSHIP AT FOREST CREEK, RECORDED IN DOCUMENT NO. 2005011271,
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
ADDRESS: 3415 GATTIS SCHOLL ROAD, ROUND ROCK, TEXAS 78664 GATTIS SCHOOL ROAD SCALE: 1"= 100'
R.O.W. WIDTH VARIES
CITY OF ROUND ROCK, TEXAS -T — CITY OF ROUND ROCK, TEXAS
CALLED 0.301 AC. CALLED 0.301 AC. — — i
ALUM. CAP 1--- -- DOC. NO. 2019018799, O.P.R.W.C.T_
88'S4'54" E DOC. NO. 2019017219, O.P.R.W.C.T.
"ROW 4933"�N a tALU. CAP
113.00' ALUM. CAP N 87'46'47" E "ROW 4933"
"ROW 4933" 231.52' �+
SURFACE VALUES LEGEND I N:10155741.11 1
E:3149128.26 f
GRID COORDINATES N:10154624.11 0 = 1/2" IRON ROD FOUND
E:3146781.89 (UNLESS OTHERWISE NOTED)
A = CALCULATED POINT
P.Q.B. = POINT OF BEGINNING
R.O.W. = RIGHT-OF-WAY
SUBJECT TRACT ALUM. = ALUMINUM
5.031 ACRE O.P.R.W.C.T = OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
EVEN ROCK, LLC
THE FELLOWSHIP AT REMNANT PORTION OF
m FOREST CREEK CALLED 5.339 AC
o N z REMNANT PORTION OF o DOC. NO. 2018071636
-I 0
rn N; O.P.R.W.C.T.
P < a, NI CALLED 5.32 AC. rn a
P IT1 a DOC. NO. 2005011271 0o cvi GENERAL NOTES:
ina O.P.R.W.C.T. - co
co
o C7 m 1) BEARING BASIS: NAD-83, TEXAS CENTRAL
0 g (4203), STATE PLANE SYSTEM. DISTANCES
m SHOWN HEREON ARE SURFACE DISTANCES
BASED ON A COMBINED SURFACE
ADJUSTMENT FACTOR OF 1.00011.
2) THIS SURVEY WAS PERFORMED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT AND
DOES NOT SHOW ANY EASEMENTS THAT MAY
AFFECT THE SUBJECT TRACT SHOWN HEREON.
THIS SURVEY IS NOT INTENDED TO BE USED
AS A LAND TITLE SURVEY.
SURFACE VALUES 3) ALL DOCUMENTS LISTED HEREON ARE
N:10155104.67 RECORDED IN THE OFFICE OF THE COUNTY
E:3149150.66 CLERK OF WILLIAMSON COUNTY, TEXAS.
GRID COORDINATES
N:10153987.73
E:3148804.29
‘NN P.O.B.
S 88'00'29" W • — +F. OF T — —
(21 344.10' FRED ROBERT AND RS JR. AND "iv..;. 01Sy ERf�y,'
to AMANDA ANDERS, )fij,. '� •0
a HUSBAND AND WIFE
o L' •
- CALLED 5.524 AC. l SHANE SHAFER
n �Iv DOC. NO. 2019050712 1 ' 0 5281 F r
z¢ -1 p o.P.R.W.C.T. <•'.;P r
Pe.
rA+i (Iz l0A,"•., 9910?. `O
S rn TO: CITY OF ROUND ROCK,TEXAS EXCLUSIVELY ' SURi f
00 o ��� SHEET 1 OF 1
LP oz
rn
A.__,
N <> DIAMOND SURVEYING, INC.
NOVEMBER 11, 2019 116 SKYLINE ROAD,GEORGETOWN,TEXAS 78628
Shane Shafer, R.P.L.S. N N . 5281 DATE 931-glop
T.B.P.L.S.FIRM NO.10006900
2020106811 Page 10 of 16
EXHIBIT
3
RECIPROCAL ACCESS EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAIVISON
EVEN ROCK LLC whose mailing address is P.O. Box 8127, Round Rock, Texas
78683, LYNNWOOD VIEW LLC, whose mailing address is P.O. Box 8127, Round
Rock, Texas 78683, RAMSWAROOP BODDU & RAMSI SURENDRAN BODDU
("Boddu"), whose mailing address is 3517 Gattis School Road, Round Rock, Texas
78664, and DOUGLAS E. MARTIN ("Martin"), whose mailing address is 3525 Gattis
School Road, Round Rock, Texas 78664, convey reciprocal easements to each other, on
the basis of the following facts and understandings.
RECITALS
1. EVEN ROCK LLC owns certain property ("Property A") located in Round Rock,
Texas,and described as:
Being approximately 5.339 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to EVEN ROCK LLC, recorded in Document Number
2018071636 of the Williamson County Official Public Records.
2, LYNNWOOD VIEW LLC owns certain other property ("Property B") located in
Round Rock, Texas. Property B is described as:
Being approximately 5.20 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to LYNNWOOD VIEW LLC, recorded in Document
Number 2019063781 of the Williamson County Official Public Records.
3. Boddu owns certain other property ("Property C") located in Round Rock, Texas.
Property C is described as:
Being approximately 5.32 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to Ramswaroop R. Boddu and Resmi Surdendran,
husband and wife, recorded in Document Number 2013003409 of the
Williamson County Official Public Records.
4. Martin owns certain other property("Property D"). Property D is described as:
379807bk
2020106811 Page 11 of 16
Being approximately 5.32 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to Douglas E. Martin and wife, Martha J. Martin, of
record in Volume 821, Page 258, Deed Records, Williamson County,
Texas.
5. EVEN ROCK LLC, LYNNWOOD VIEW LLC, Boddu, and Martin are hereinafter
collectively referred to as the"Parties".
6. Property A, Property B, Property C, and Property D are hereinafter collectively
referred to as the"Properties".
7. The Properties are all located adjacent to and have access to Gattis School Road
8. The City of Round Rock has plans to further develop and widen Gattis School Road,
which may impact the Properties' access to Gattis School Road.
9. The Parties wish to grant twenty-six (26) foot wide reciprocal access easements
parallel and adjacent to the Gattis School Road right-of-way, over, under, and across
those portions of the Properties directly to the south of the Gattis School Road right-
of-way(the "Easement Area").
10. The Parties desire to have the mutual and reciprocal right to use the entire surface of
the Road for purposes of ingress and egress.
THE PARTIES THEREFORE AGREE, in consideration of the mutual and
reciprocal grants and agreements made here, as follows:
CONVEYANCE
Grant of Reciprocal Access Easements
1. The Parties hereby grant to each other a permanent, non-exclusive easement for
vehicular and pedestrian access within the Easement Area located from time to
time on their respective property (the "Reciprocal Easements"). Except to abate
an emergency, no trees, permanent buildings, structures, fences or other barriers
shall be placed in the Easement Area or shall be allowed to prevent, hinder or
interfere in any way with the free flow and passage of vehicular and pedestrian
traffic over, to, and from the Easement Area, and no change of grade elevation or
excavation shall be made upon the Easement Area, without the prior approval of
each Property Owner, which approval shall not be unreasonably withheld or
delayed.
2
2020106811 Page 12 of 16
Purpose of Easement
2. This access easement, with its rights and privileges, shall be used only for the
purpose of providing pedestrian and vehicular ingress and egress over and across
said properties.
Duration of Easement
3. This easement shall be perpetual.
Warranty of Title
4. Each Partys' heirs, personal representatives, successors, and assigns are and shall
be bound to warrant and forever defend the easement and rights conveyed in this
instrument to the other Party's heirs, personal representatives, successors, and
assigns against every person lawfully claiming or to claim all or any part of the
interest in the Property.
Nonexelusivity of Easement
5. The easement, rights, and privileges granted by this conveyance are nonexclusive,
and each Party reserves and retains the right to convey similar rights and
easements to such other persons as each Party may deem proper.
Indemnity
6. Each Party shall hold harmless, defend, and indemnify the other Party against any
suits, liabilities, claims, demands or damages, including but not limited to
personal injuries and attorneys' fees, arising from any Party's exercise of
easement rights granted by this instrument.
Maintenance
7. Each Property Owner shall pay the expense of maintaining and repairing the
Easement Area on their respective property, including the payment of all real
estate taxes and assessments.
Rights Reserved
8. Each Party retains, reserves, and shall continue to enjoy the use of the surface of
the easement area described in Paragraph 4 of this Agreement for any and all
purposes that do not interfere with and prevent other Party's use of the easement.
This includes, without limitation, the right to build and use the surface of the
easement area for drainage ditches and private streets, roads, driveways, alleys,
walks, gardens, lawns, planting or parking areas, and other like uses and to
3
2020106811 Page 13 of 16
dedicate all or any part of the easement area to any city for use as a public street,
road, or alley.
Covenants Running with Land
9. The rights contained within this Reciprocal Access Easement shall run with the
land and inure to and be for the benefit of each Property Owner, their successors
and assigns, and the tenants, agents, employees, sub-tenants, licensees,
concessionaires, mortgagees in possession, customers and business invitees of
such persons. The rights conferred hereby shall be enforceable by injunction in
the appropriate court in the event of their breach.
Entire Agreement
10. This Reciprocal Access Easement contains the entire agreement between the
parties relating to its subject matter. Any oral representations or modifications
concerning this Agreement shall be of no force and effect. Any subsequent
amendment or modification must be in writing and agreed to by the Parties.
Executed this / Oh day of I.2 , 2019.
(signature pages,follo0
4
2020106811 Page 14 of 16
Property A: By:
EVEN R CK LLC
Date: -Z. \
ACKNOWLEDGMENT
RE VA KEY
STATE OF TEXAS '4'' Notary Public,Slate Di Texas
!.: 1•: Notary ID#13178829-8
-- I'
My Commfasion Expires
COUNTY OF \N\ kk 0,r(vse,On §
„, ....
JANUARY 22, 2023
This instrument was acknowledged before me on this the Ro day of
2019 by STEVEN TONG, MANAGER OF EVEN ROCK LLC,
in the capacity and for the purposes and consideration recited therein.
VQ)0-(V QLL.\
Notary Public, State of Texas
Property B: By:
LYNNW OD VIEW LLC
Date: "
ACKNOWLEDGMENT
REVA KEY
STATE OF TEXAS § '' Notary Pudic,Stale of Texas ,
1 Notary ID#131788
COUNTY OF \,k1MiCk.\"(10\r) / JANMYUTRY8422Etl2r85209-2133
This instrument was acknowledged before me on this the k day of
1-Dffe5q3(q— , 2019 by STEVEN TONG, MANAGER OF LYNNWOOD
VIEW LLC, in the capacity and for the purposes and consideration recited
therein.
PLAil,
Notary Public, State of Texa
5
2020106811 Page 15 of 16
EXHIBIT
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2020106811 Page 16 of 16
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020106811
Pages: 16 Fee: $77.00
09/08/2020 03:50 PM
�AS E Of
P11 `V • �
tir
Nancy E. Rister,County Clerk
Williamson County,Texas
ELECTRONICALLY RECORDED 2020041091
Williamson County, Texas Total Pages: 16
THE STATE OF TEXAS
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK *
I, SARA L. WHITE, City Clerk 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. 0-2020-0015 which rezones approximately 5.031 acres of
land to PUD (Planned Unit Development) No. 111 and amends PUD No. 111. This ordinance was
approved and adopted at a regular meeting held by the City Council on the 9th day of January
2020 and recorded in the City Council minute book no. 62.
CERTIFIED by my hand and seal of the City of Round Rock,Texas on this 14th day of January
2020.
SARA L. WHITE, TRMC, City Clerk
ROC
l�
O
'•.
r14
2020041091 Page 2 of 16
ORDINANCE NO. 0-2020-0015
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN ZONING AND
DEVELOPMENT CODE, CHAPTER 2, ARTICLE I, SECTION 2-2(b)(1),
CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 5.031 ACRES OF
LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609 IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PF-
3 (PUBLIC FACILITIES - HIGH INTENSITY) TO DISTRICT PUD
(PLANNED UNIT DEVELOPMENT) NO. 111; AND TO AMEND
ORDINANCE NO. 0-2017-4746, ADOPTED BY THE CITY COUNCIL OF
ROUND ROCK, TEXAS, ON SEPTEMBER 28, 2017, TO INCLUDE SAID
5.031 ACRES WITHIN PUD NO. 111; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
WHEREAS, on May 10, 2012, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-12-05-10-H3, which zoned 5.031 acres, attached hereto as
Exhibit "1", as PF-3 (Public Facilities — High Intensity), and
WHEREAS, on September 28, 2017, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. 0-2017-4746, which established PUD No. 111, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to rezone said 5.031 acres from PF-3 (Public Facilities — High
Intensity) zoning district to Planned Unit Development (PUD) No. 111 zoning district,
and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-12-05-10-H3 and Ordinance
No. 0-2017-4746 on the 4th day of December, 2019, following lawful publication of said
public hearing, and
0112 1902,00136738
2020041091 Page 3 of 16
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. Z-12-05-10-
H3 and Ordinance No. 0-2017-4746 be amended, and
WHEREAS, on the 9th day of January, 2020, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-12-05-
10-H3 and Ordinance No. 0-2017-4746, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-12-05-10-H3 and Ordinance No. 0-2017-4746 promotes the health,
safety, morals and general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Zoning and Development Code, Chapter 10,
Article I, Section 10-2 and Article IV, Section 10-22, Code of Ordinances (2018 Edition),
City of Round Rock, Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council hereby determines that the proposed amendment to
Ordinance No. Z-12-05-10-H3 and Ordinance No. 0-2017-4746 meet the following
goals and objectives:
(1) The amendment to P.U.D. #111 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #111 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
2
2020041091 Page 4 of 16
(3) The amendment to P.U.D. #111 does not have an undue adverse effect
on adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
II.
That the Official Zoning Map adopted in Zoning and Development Code, Chapter 2,
Article I, Section 2-2(b)(1), Code of Ordinances (2018 Edition), City of Round Rock,
Texas, is hereby amended so that the zoning classification of the 5.031 acres described
in Exhibit "1", attached hereto and incorporated herein, shall be, and is hereafter
designated as included within Planned Unit Development (PUD) No. 111.
III.
That the Development Plan of PUD No. 111, as approved in Ordinance No. 0-
2017-4746, is hereby amended to include said 5.031 acres, being described in Exhibit
"1", attached hereto.
IV.
That Exhibit "C" of the Development Plan of PUD No. 111, as approved in
Ordinance No. 0-2017-4746, is hereby amended to add an additional reciprocal
easement, attached hereto and incorporated herein as Exhibit "C-2".
V.
That Exhibit "D", as approved in Ordinance No. 0-2017-4746, is hereby deleted
in its entirety, and replaced with the "Revised Exhibit D", attached hereto and
incorporated herein.
3
2020041091 Page 5 of 16
VI.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this Ct - day of
1VtL4t ! , 2020.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2020.
READ, APPROVED and ADOPTED on second reading this the day of
, 2020.
4
2020041091 Page 6 of 16
CRAIG MO GAN ayor
City of Round Roc , Texas
ATTEST:
L-.
SARA L. WHITE, City Clerk
5
2020041091 Page 7 of 16
EXHIBIT
%I1It
METES AND BOUNDS DESCRIPTION
FOR A 5.031 ACRE TRACT OF LAND, SITUATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE
REMNANT PORTION OF THE CALLED 5.32 ACRE TRACT OF LAND CONVEYED TO
THE FELLOWSHIP AT FOREST CREEK, RECORDED IN DOCUMENT NO.
2005011271, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID
5.031 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found on the southeast corner of said called 5.32 acre
THE FELLOWSHIP AT FOREST CREEK tract, same being on the southwest corner of
the remnant portion of the called 5.339 acre tract of land conveyed to EVEN ROCK,
LLC, recorded in Document No. 2018071636, Official Public Records of Williamson
County, Texas, same being on a point in the northerly boundary line of the called 5.524
acre tract of land conveyed to FRED ROBERT ANDERS, JR. and AMANDA ANDERS,
HUSBAND and WIFE, recorded in Document No. 2019050712, Official Public Records
of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING
hereof;
THENCE S 88°00'29' W, with the southerly boundary line of said called 5.32 acre THE
FELLOWSHIP AT FOREST CREEK tract, same being with said northerly boundary line
of the called 5.524-acre ANDERS tract, for a distance of 344.10 feet to the calculated
unmonumented southwest corner of said called 5.32-acre THE FELLOWSHIP AT
FOREST CREEK tract, same being on the calculated unmonumented northwest corner
of said 5.524-acre ANDERS tract, same being on an angle point in the easterly right-of-
way line of WESTVIEW DRIVE (50' right-of-way width), for the southwest corner hereof,
from which a 1/2" iron rod found on the southwest corner of said 5.524-acre ANDERS
tract bears S 01°57'45' E for a distance of 349.78 feet;
THENCE N 02°03'07' W, with the westerly boundary line of said called 5,32-acre THE
FELLOWSHIP AT FOREST CREEK tract, same being with said easterly right-of-way
line of said WESTVIEW DRIVE, for a distance of 637.69 feet to an iron rod found with
aluminum cap marked "ROW 4933" on the northwest corner of said remnant portion of
the called 5.32-acre THE FELLOWSHIP AT FOREST CREEK tract, same being on the
southeast intersection of said easterly right-of-way line of WESTVIEW DRIVE and the
southerly right-of-way line of GATTIS SCHOOL ROAD (right-of-way width varies), same
being on the southwest corner of the called 0.301 acre tract of land conveyed to the
CITY OF ROUND ROCK, TEXAS, recorded in Document No. 2019017219, Official
Public Records of Williamson County, Texas, for the northwest corner hereof;
2020041091 Page 8 of 16
THENCE, with the northerly boundary line of said remnant portion of the called 5.32-acre
THE FELLOWSHIP AT FOREST CREEK tract, same being with the southerly boundary
line of said 0.301-acre CITY OF ROUND ROCK, TEXAS tract recorded in said
Document No. 2019017219, same being with said southerly right-of-way line of GATTIS
SCHOOL ROAD the following two (2) courses and distances:
1. N 88°54'54" E for a distance of 113.00 feet to an iron rod found with aluminum
cap marked"ROW 4933", for an angle point hereof
2. N 87°46'47" E for a distance of 231.52 feet to an iron rod found with aluminum
cap marked "ROW 4933" on the northeast corner of said remnant portion of the
called 5.32-acre THE FELLOWSHIP AT FOREST CREEK tract, same being on
the southeast corner of said 0.301-acre CITY OF ROUND ROCK, TEXAS tract,
recorded in said Document No. 2019017219, same being on the southwest
corner of a called 0.301 acre tract of land conveyed to the CITY OF ROUND
ROCK, TEXAS, recorded in Document No. 2019018799, Official Public Records
of Williamson County, Texas, same being on a point in said southerly right-of-
way line of GATTIS SCHOOL ROAD, same being on the northwest corner of
aforementioned remnant portion of the called 5.339-acre EVEN ROCK, LLC
tract, for the northeast corner hereof
THENCE S 02°00'56' E, with the common boundary line of said called 5.32-acre THE
FELLOWSHIP AT FOREST CREEK tract and said 5.339-acre EVEN ROCK, LLC tract,
for a distance of 636.83 feet to the POINT OF BEGINNING hereof and containing 5.031
acres of land more or less.
BEARING BASIS: NAD-83, TEXAS CENTRAL (4203), STATE PLANE SYSTEM, All
distances are surface distances. Combined Surface Adjustment Factor used for this
survey is 1.00011.
A drawing has been prepared to accompany this metes and bounds description.
<>DIAMOND SURVEY ING, INC
1I6 SA-MAW ROAD.GEOIZGF.TUII',1.1'V:862P c-_,: � L' •, n
(512)9.71-3100 •
T B.P.L,S.Fll?Jf NO.10006900 + S H A`4 E S H A=E R '
5?P I .•
November 11, 2019 r AP-
SHANE SHAFER, R.P.L.S. NO. 5281 DATE
Z:'WAELTZ & PRETEIGATTIS SCHOOL ROAD\PROJECT 2 -3415 & 3467 GATTIS SCHOOL RD - ATLEN
VILLAGE TOWNHOMES.1 1-11-2019 3415 GATTIS SCHOOL ROAD REZONE TRACT M&B.doc
2
2020041091 Page 9 of 16
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
FOR A 5.031 ACRE TRACT OF LAND, SITUATED IN THE ASA THOMAS SURVEY, i
ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE
REMNANT PORTION OF THE CALLED 5.32 ACRE TRACT OF LAND CONVEYED TO
THE FELLOWSHIP AT FOREST CREEK, RECORDED IN DOCUMENT NO. 2005011271,
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
ADDRESS: 3415 GATTIS SCHOLL ROAD, ROUND ROCK, TEXAS 78664 GATTIS SCHOOL ROAD SCALE: 1"= 100'
R.O.W. WIDTH VARIES
CITY OF ROUND ROCK, TEXAS -T — CITY OF ROUND ROCK, TEXAS
CALLED 0.301 AC. CALLED 0.301 AC. — — I
ALUM. CAP 1--- -- DOC. NO. 2019018799, O.P.R.W.C.T_
88'S4'54" E DOC. NO. 2019017219, O.P.R.W.C.T.
"ROW 4933"�N a tALU. CAP
113.00' ALUM. CAP N B7'46'47" E "ROW 4933"
"ROW 4933" 231.52' �+
SURFACE VALUES LEGEND I N:10155741.11 1
E:3149128.26 f
GRID COORDINATES N:10154624.11 0 = 1/2" IRON ROD FOUND
E:3146781.89 (UNLESS OTHERWISE NOTED)
A = CALCULATED POINT
P.Q.B. = POINT OF BEGINNING
R.O.W. = RIGHT-OF-WAY
SUBJECT TRACT ALUM. = ALUMINUM
5.031 ACRE O.P.R.W.C.T = OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
EVEN ROCK, LLC
THE FELLOWSHIP AT REMNANT PORTION OF
m FOREST CREEK CALLED 5.339 AC
o N z REMNANT PORTION OF o DOC. NO. 2018071636
-I a rn N; O.P.R.W.C.T.
P < a, NI CALLED 5.32 AC. rn a
P rn a DOC. NO. 2005011271 0o cll GENERAL NOTES:
an a O.P.R.W.C.T. . rn
co
o C7 m 1) BEARING BASIS: NAD-83, TEXAS CENTRAL
0 g (4203), STATE PLANE SYSTEM. DISTANCES
m SHOWN HEREON ARE SURFACE DISTANCES
BASED ON A COMBINED SURFACE
ADJUSTMENT FACTOR OF 1.00011.
2) THIS SURVEY WAS PERFORMED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT AND
DOES NOT SHOW ANY EASEMENTS THAT MAY
AFFECT THE SUBJECT TRACT SHOWN HEREON.
THIS SURVEY IS NOT INTENDED TO BE USED
AS A LAND TITLE SURVEY.
SURFACE VALUES 3) ALL DOCUMENTS LISTED HEREON ARE
N:10155104.67 RECORDED IN THE OFFICE OF THE COUNTY
E:3149150.66 CLERK OF WILLIAMSON COUNTY, TEXAS.
GRID COORDINATES
N:10153987.73
E:3148804.29
‘NN P.O.B.
S 88'00'29" W • — +F. OF T — —
(21 344.10' FRED ROBERT ANDERS JR. AND "iv..;. 01Sy ERz.,. N
to AMANDA ANDERS, )�,: '� •U)
a HUSBAND AND WIFE
o L' •
- CALLED 5.524 AC. l SHANE SHAFER
n oc �Iv DOC. NO. 2019050712 1 0 5281 r
z¢ �I p o.P.R.W.C.T. N.<•'.;P r
PrA+i (Iz l�A,"•., 9910?. `O
S rn TO: CITY OF ROUND ROCK,TEXAS EXCLUSIVELY ' SURi f
00 o ��� SHEET 1 OF 1
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N <> DIAMOND SURVEYING, INC.
NOVEMBER 11, 2019 116 SKYLINE ROAD,GEORGETOWN,TEXAS 78628
Shane Shafer, R.P.L.S. N N . 5281 DATE 931-glop
T.B.P.L.S.FIRM NO.10006960
2020041091 Page 10 of 16
EXHIBIT
3
RECIPROCAL ACCESS EASEMENT
STATE OF TEXAS
COUNTY OF WILLIAIVISON
EVEN ROCK LLC whose mailing address is P.O. Box 8127, Round Rock, Texas
78683, LYNNWOOD VIEW LLC, whose mailing address is P.O. Box 8127, Round
Rock, Texas 78683, RAMSWAROOP BODDU & RAMSI SURENDRAN BODDU
("Boddu"), whose mailing address is 3517 Gattis School Road, Round Rock, Texas
78664, and DOUGLAS E. MARTIN ("Martin"), whose mailing address is 3525 Gattis
School Road, Round Rock, Texas 78664, convey reciprocal easements to each other, on
the basis of the following facts and understandings.
RECITALS
1. EVEN ROCK LLC owns certain property ("Property A") located in Round Rock,
Texas,and described as:
Being approximately 5.339 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to EVEN ROCK LLC, recorded in Document Number
2018071636 of the Williamson County Official Public Records.
2, LYNNWOOD VIEW LLC owns certain other property ("Property B") located in
Round Rock, Texas. Property B is described as:
Being approximately 5.20 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to LYNNWOOD VIEW LLC, recorded in Document
Number 2019063781 of the Williamson County Official Public Records.
3. Boddu owns certain other property ("Property C") located in Round Rock, Texas.
Property C is described as:
Being approximately 5.32 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to Ramswaroop R. Boddu and Resmi Surdendran,
husband and wife, recorded in Document Number 2013003409 of the
Williamson County Official Public Records.
4. Martin owns certain other property("Property D"). Property D is described as:
379807bk
2020041091 Page 11 of 16
Being approximately 5.32 acres out of the Asa Thomas Survey, Abstract
No. 609, in Williamson County, Texas, and being that same tract of land
described in a deed to Douglas E. Martin and wife, Martha J. Martin, of
record in Volume 821, Page 258, Deed Records, Williamson County,
Texas.
5. EVEN ROCK LLC, LYNNWOOD VIEW LLC, Boddu, and Martin are hereinafter
collectively referred to as the"Parties".
6. Property A, Property B, Property C, and Property D are hereinafter collectively
referred to as the"Properties".
7. The Properties are all located adjacent to and have access to Gattis School Road
8. The City of Round Rock has plans to further develop and widen Gattis School Road,
which may impact the Properties' access to Gattis School Road.
9. The Parties wish to grant twenty-six (26) foot wide reciprocal access easements
parallel and adjacent to the Gattis School Road right-of-way, over, under, and across
those portions of the Properties directly to the south of the Gattis School Road right-
of-way(the "Easement Area").
10. The Parties desire to have the mutual and reciprocal right to use the entire surface of
the Road for purposes of ingress and egress.
THE PARTIES THEREFORE AGREE, in consideration of the mutual and
reciprocal grants and agreements made here, as follows:
CONVEYANCE
Grant of Reciprocal Access Easements
1. The Parties hereby grant to each other a permanent, non-exclusive easement for
vehicular and pedestrian access within the Easement Area located from time to
time on their respective property (the "Reciprocal Easements"). Except to abate
an emergency, no trees, permanent buildings, structures, fences or other barriers
shall be placed in the Easement Area or shall be allowed to prevent, hinder or
interfere in any way with the free flow and passage of vehicular and pedestrian
traffic over, to, and from the Easement Area, and no change of grade elevation or
excavation shall be made upon the Easement Area, without the prior approval of
each Property Owner, which approval shall not be unreasonably withheld or
delayed.
2
2020041091 Page 12 of 16
Purpose of Easement
2. This access easement, with its rights and privileges, shall be used only for the
purpose of providing pedestrian and vehicular ingress and egress over and across
said properties.
Duration of Easement
3. This easement shall be perpetual.
Warranty of Title
4. Each Partys' heirs, personal representatives, successors, and assigns are and shall
be bound to warrant and forever defend the easement and rights conveyed in this
instrument to the other Party's heirs, personal representatives, successors, and
assigns against every person lawfully claiming or to claim all or any part of the
interest in the Property.
Nonexelusivity of Easement
5. The easement, rights, and privileges granted by this conveyance are nonexclusive,
and each Party reserves and retains the right to convey similar rights and
easements to such other persons as each Party may deem proper.
Indemnity
6. Each Party shall hold harmless, defend, and indemnify the other Party against any
suits, liabilities, claims, demands or damages, including but not limited to
personal injuries and attorneys' fees, arising from any Party's exercise of
easement rights granted by this instrument.
Maintenance
7. Each Property Owner shall pay the expense of maintaining and repairing the
Easement Area on their respective property, including the payment of all real
estate taxes and assessments.
Rights Reserved
8. Each Party retains, reserves, and shall continue to enjoy the use of the surface of
the easement area described in Paragraph 4 of this Agreement for any and all
purposes that do not interfere with and prevent other Party's use of the easement.
This includes, without limitation, the right to build and use the surface of the
easement area for drainage ditches and private streets, roads, driveways, alleys,
walks, gardens, lawns, planting or parking areas, and other like uses and to
3
2020041091 Page 13 of 16
dedicate all or any part of the easement area to any city for use as a public street,
road, or alley.
Covenants Running with Land
9. The rights contained within this Reciprocal Access Easement shall run with the
land and inure to and be for the benefit of each Property Owner, their successors
and assigns, and the tenants, agents, employees, sub-tenants, licensees,
concessionaires, mortgagees in possession, customers and business invitees of
such persons. The rights conferred hereby shall be enforceable by injunction in
the appropriate court in the event of their breach.
Entire Agreement
10. This Reciprocal Access Easement contains the entire agreement between the
parties relating to its subject matter. Any oral representations or modifications
concerning this Agreement shall be of no force and effect. Any subsequent
amendment or modification must be in writing and agreed to by the Parties.
Executed this / Oh day of I.2 , 2019.
(signature pages,follo0
4
2020041091 Page 14 of 16
Property A: By:
EVEN R CK LLC
Date: -Z. \
ACKNOWLEDGMENT
RE VA KEY
STATE OF TEXAS '4'' Notary Public,Slate Di Texas
!.: 1•: Notary ID#13178829-8
-- I'
My Commfasion Expires
COUNTY OF \N\ kk 0,r(vse,On §
„, ....
JANUARY 22, 2023
This instrument was acknowledged before me on this the Ro day of
2019 by STEVEN TONG, MANAGER OF EVEN ROCK LLC,
in the capacity and for the purposes and consideration recited therein.
VQ)0-(V QLL.\
Notary Public, State of Texas
Property B: By:
LYNNW OD VIEW LLC
Date: "
ACKNOWLEDGMENT
REVA KEY
STATE OF TEXAS § '' Notary Pudic,Stale of Texas ,
1 Notary ID#131788
COUNTY OF \,k1MiCk.\"(10\r) / JANMYUTRY8422Etl2r85209-2133
This instrument was acknowledged before me on this the k day of
1-Dffe5q3(q— , 2019 by STEVEN TONG, MANAGER OF LYNNWOOD
VIEW LLC, in the capacity and for the purposes and consideration recited
therein.
PLAil,
Notary Public, State of Texa
5
2020041091 Page 15 of 16
EXHIBIT
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2020041091 Page 16 of 16
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020041091
Pages: 16 Fee: $77.00
04/23/2020 10:28 AM
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Nancy E. Rister,County Clerk
Williamson County,Texas