O-88-1270 - 6/16/1988VOL16 O5PAbE643
DEVELOPMENT PLAN FOR P.U.D. #3 18583
This agreement made the 16th day of June, 1988, between the City
of Round Rock, Texas, having its offices at 221 East Main Street,
Round Rock, Texas, (hereinafter called the "City "), and the 620
Oakwood Joint Venture, a Texas joint venture, having its offices at
3624 North Hills, C -201, Austin, Texas, (hereinafter • called the
"Developer ").
WHEREAS Developer has requested a Planned Unit Development from
the City for the construction of two (2) medical and professional
office buildings on a tract of land located within the incorporated
limits of the City of Round Rock and more fully described as follows:
A 3.0 -Acre tract of land being out of and part of Lot 20,
Block K, The Oaklands, Section Two as recorded in Cabinet
I, Slides 308 - 309, Plat Records of Williamson County,
Texas, said 3.0 acres also known as proposed Lot 21 and 23
of the proposed amended plat of The Oaklands revised,
Section Two and being more particularly described by metes
and bounds in Exhibit "A" attached hereto and made a part
hereof.
AND WHEREAS the Developer, in accordance with Chapter 11,
Section 3, Code of Ordinances, City of Round Rock, Texas, is required
to submit a Development Plan to the City containing certain terms and
conditions for the use and development of the Property;
AND WHEREAS the City Council has reviewed the proposed
Development 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 BY THIS AGREEMENT WITNESSETH that in consideration
of the premises and the conditions and covenants hereinafter set
forth, the City and the Developer covenant and agree as follows:
1. LIENHOLDER CONSENT: That Developer is the sole holder of
fee simple title to the Property and that he has obtained the written
consent to the re- zoning of the Property from MF (Multi - Family) to a
Planned Unit Development from all lien holders, legal or equitable,
of the property. Said written consent is attached as Exhibit "B ", and
hereby made a part of this Plan.
C21PUD #4620
OFFICIAL RECORDS
WIWAMSON COUNTY, MO
vOL16'75P GE644
2. DEVELOPMENT AND USES: The Property shall be developed for
the following purposes only; a development consisting of two (2)
medical and professional office buildings not to exceed a maximum of
three (3) floors (covered parking shall be calculated as a floor),
which shall conform to the attached site plans labeled as Exhibit
"C ", and Reciprocal Use Agreements for parking, ingress and egress
and drainage facilities as shown on Exhibit "D ". Exhibits "B ", "C ",
and "D" are hereby incorporated into and made a part of this Plan.
3. GENERAL COMPLIANCE: The developer shall comply with all the
requirements and restrictions depicted in this Plan, and in Exhibits
"B ", "C" and "D ". Unless specifically waived by this Development
Plan or the Planned Unit Development Ordinance of the City of Round
Rock, the developer shall also comply with all other applicable
ordinances of the City of Round Rock.
4. CHANGES TO THE DEVELOPMENT PLAN: After this Development
Plan has been accepted and approved by the City Council, any
substantial alterations shall be re- submitted for consideration to
the City Council following the same procedure required in the
original adoption of this Plan. Any minor alterations to the
Development Plan which do not substantially change the concept of the
Planned Unit Development may be approved by the Director of Planning.
5. LAND USE AND BUILDING TYPES: No building shall be erected,
altered or permitted on any lot for a use other than medical or
professional office buildings. Clearly secondary, ancillary medical
services may also be approved by the Director of Planning and
Community development for the City of Round Rock. All exterior
building materials shall be stone or brick or like material. The
following materials shall specifically be prohibited as primary
exterior materials: concrete block specifically referring to standard
grey C.M.U., rough sawn cedar or other unfinished wood products,
metal wall panels, reflective glass, stucco and pressed fiber wall
board.
6. PARKING: Only off - street parking in paved and curbed
parking areas will be permitted. No additional parking spaces or
2.
V0L1675 ? „GE645,
drives beyond those called for in this Plan and Exhibits "C” and "D"
shall be allowed.
7. LANDSCAPING: The developer agrees to be responsible for the
installation of landscape improvements and sprinkler systems in the
areas designated for landscaping as described in Exhibit "C ". All
landscaping and irrigation installed by the Developer shall be
substantially complete before a certificate of occupancy can be
issued on the first building to be constructed in the PUD.
8. PROHIBITED USES: No use will be permitted which would
create any dangerous, injurious, noxious or otherwise objectionable
noise, glare, smoke, dust, heat or other forms of air pollution,
liquid or solid refuse or waste, or other substance or condition as
to affect any use within the vicinity.
9. TEMPORARY STRUCTURES OR EMPLACEMENTS: No structure or
emplacement of a temporary character, mobile home, trailer, derelict,
junk or racing motor vehicle, or any motor vehicles without a current
license tag, or any tent, shack, barn or other outbuilding shall be
erected, placed, driven onto, altered or permitted to remain on any
lot at any time, either temporarily or permanently. No unenclosed
outdoor storage or separate storage building shall be permitted. Each
and every lot of the subdivision is intended solely for the erection
of an office building. This provision shall not apply to vehicles,
equipment or temporary structures utilized by Developer, or his
successors or assigns, or contractors or subcontractors when engaged
in construction or repair work, or such work as may reasonably be
necessary for the completion of the subdivision as a professional
office development, and the disposition of lots by sale, lease or
otherwise.
10. EXTERIOR LIGHTING: No high level or high intensity
lighting, including high pressure sodium fixtures, shall be allowed.
11. MECHANICAL AND ELECTRICAL EOUIPMENT AND UTILITIES: All
mechanical equipment such as air conditioners and all electrical
equipment such as transformer pads and junction boxes shall be
screened from view. All on -site electrical distribution or
television cable, if any, from existing overhead power lines to the
building service panels shall be underground.
3.
FIELD NOTE DESCRIPTION OF
EXHIBIT A
A 3.000 -ACRE TRACT OF LAND BEING OUT OF AND PART OF
LOT 20, BLOCK K, THE OAKLANDS, SECTION TWO AS
RECORDED IN CABINET I, SLIDES 308 -309, PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 3.000 ACRES BEING
ALSO ALL OF LOT 21 AND LOT 23 OF THE PROPOSED
AMENDED PLAT OF THE OAKLANDS, SECTION TWO REVISED
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a point in the north right -of -way line of Ranch to
Market Road No. 620 (F.M. 620), being the southeast corner of a tract of land
conveyed to Lifemark Hospital Inc. by instrument in Volume 871, Page 888,
Official Records of Williamson County, Texas, and a point in the west line of a
remainder portion of a 47.83 -acre tract of land (called the First Tract) as
recorded in Volume 717, Page 403 of said Official Records;
THENCE, with the aforementioned north right -of -way line,
N67 44'25 "E a distance of 425.74 feet to a point of curvature of a right -of -way
return, said curve being a curve to the left;
THENCE, with said curve to the left having a radius of 30.00 feet,
a central angle of 86 04'25 ",' a long chord of 40.95 feet (chord bears
N24 42'13 "E) an arc length of 45.07 feet to a point of tangency on the west
right -of -way line of Oakwood Boulevard as dedicated per the original Oaklands,
Section Two, plat;
THENCE, with said west right -of -way line the following two (2)
courses and distances:
1) N18 20'00 "W at a distance of 264.64 feet passing
the southeast corner of Lot 21 (Proposed Lot 22 of
said Proposed Amended Plat) of said Oaklands,
Section Two, for a total distance of 338.85 feet to
a point of curvature of a curve to the right;
2) With said curve to the right having a radius of
799.34 feet, a central angle of 25 34'51 ", a short
chord of 353.92 feet (short chord bears
NO5 32'35 "W) an arc length of 356.88 feet to an
iron rod found for a point on curve, same being the
northeast corner of the aforementioned Lot 21
(Proposed Lot 22) and the southeast corner of said
Lot 20 (Proposed Lot 21) for the southeast corner
and the POINT OF BEGINNING hereof;
V0L1675PAGE649
THENCE, leaving the aforementioned right -of -way line with the
north line of said Lot 21 (Proposed Lot 22), same being the south line hereof,
S71 12'05 "W for a distance of 537.19 feet to an iron rod found on the east line
of said Lifemark Hospital tract, same being the northwest corner of said Lot 21
Proposed Lot 22) and southwest corner hereof;
THENCE, with the east line of said Lifemark Hospital tract, same
being the west line of said Lot 20 (proposed Lot 21) the following two (2)
courses and distances:
1) N18 47'55 "W for a distance of 44.92 feet to an iron
rod found for an angle point hereof;
2) N18 39'35 "W for a distance of 171.63 feet to an iron
rod set for the southwest corner of the proposed Lot
20 and the northwest corner hereof;
THENCE, with the south line of the Proposed Lot 20, same being the
north line of proposed Lot 21 and proposed Lot 23, N71 12'05 "E for a distance of
678.59 feet to an iron rod found in the aforementioned west right -of -way line of
Oakwood Boulevard for the southeast corner of proposed Lot 20, same being the
northeast corner of proposed Lot 23;
:0L1 /5P;,OE646
12. Access Easement: The developer has obtained an access
easement from the Round Rock Community Hospital which is acceptable
to the City of Round Rock and has access from the West boundary of
the development to Highway RR 620, prior to the issuance of any
building permit on the subject parcel.
13. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or
maintained as a dumping ground for rubbish, trash, garbage or other
waste and the same shall not be kept, except in sanitary containers.
Equipment for the storage or disposal of garbage shall be kept in a
clean and sanitary condition and screened as provided on the attached
site plan. Removal of trash by commercial refuse trucks shall be
performed during daylight hours.
14. MAINTENANCE: The Developer will be responsible for the
maintenance of the land, improvements and landscaping. Maintenance
requirements include: prompt removal of all litter, trash and waste;
maintaining garbage receptacle and its related screening; lawn
mowing, tree and plant trimming; watering of landscaped areas;
maintaining all landscaping and irrigation on all lots; weed control;
maintaining detention ponds and associated drainage facilities;
maintaining postal boxes to United States Postal Service Standards;
maintaining exterior lighting and mechanical facilities; keeping
parking areas, entry sign, walks, fencing, driveways and roads clean
and in good repair; and striping of all parking and driveway areas.
15. FIRE HYDRANTS: The developer shall provide a minimum of
five fire hydrants for the development located to the satisfaction of
the fire marshall. Fire hydrants shall generally be spaced no more
than three hundred (300) feet apart.
16. WATER MAINS: The Developer shall provide two -way feed
looped water mains for fire protection.
17. DRIVEWAYS: The Developer shall assure that all driveways
shall maintain a minimum clear width of twenty feet and a minimum
vertical clearance of fourteen feet. Further, the developer shall
provide a minimum turning radius on all internal driveways of a
twenty -five foot inner radius and a fifty foot outer radius.
4 .
5 .
VOL 16 5r,&E647
18. DRAINAGE PLANS: The developer shall submit detailed
drainage plans to Director of Public Works prior to the issuance of
any building permit for the development.
, 19. PHASING OF DEVELOPMENT: All developer - installed improve-
ments shall be made prior to the issuance of a certificate of
occupancy on any building.
20. REPRESENTATION: It is understood and agreed that the City
has made no representations, covenants, warranties, guarantees,
promises or agreements (verbal or otherwise) with the Developer other
than those in this contract.
21. RECORDATION: This Agreement shall be construed as running
with the land and shall be recorded in the Williamson County Court
House pursuant to the provisions of the City Planned Unit Development
Ordinance.
22. INTERPRETATION: Whenever the singular or masculine is used
herein, the same shall be construed as meaning the plural, feminine
or body corporate or politic where the context or the parties so
require.
23. AMENDMENT: The terms of this agreement may be altered only
in accordance with Section 4 of this Plan.
24. INCORPORATION: Exhibits A, B, C and D hereinbefore referred
to are hereby incorporated into and made a part of this agreement.
25. LEGAL AND REGISTRATION FEES: The developer agrees to pay
all of the legal and recording costs incurred by the City in' the
preparation and recording of this contract.
26. BINDING: This Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
hereunto set their hands and seals this
STATE OF TEXAS
COUNTY OF WILLIAMSON
ms's,AS 4, •
COUNTY OF WILLIAMSON
vot1
IN WITNESS WHEREOF the said parties to this Agreement have
DEVELOPER
day of , 19 .
620 OAKWOOD JOINT VENTURE
By:
CITY O FF ROUND ROCK, TEXAS
By: �' I L
This instrument was acknowledged before me on this A*3-1 day
of AXE-¢ . , 1988, by 1�i\\I S
x \\1 , on behalf of
620 Oa ood Joint Venture, a Texas joint venture..
Notary Public, State of Te•s
Printed Name: Qca�oh 13.4tUPx
My commission expires: 5- o-S
Th �i was acknowledged before me on this �' day
of s . , 1988,'by Mike Robinson, Mayor of the City of
Round R ck.
aberveJh e. 11
,r Notary Public, State o T xas
Printed Name: % - *ors
My commission expires: -3
6.
Mike Robinson, Mayor
a
VOLIO IJPAVf
EXHIBIT A
THENCE, with said west right -of -way line, same being the east line
hereof the following two (2) courses and distances:
1) S16 57'26 "W for a distance of 123.78 feet to an iron
rod found for a point of curvature of a curve to the
left;
As Surveyed By:
2) With said curve to the left having a radius of
799.34 feet, a central angle of 09 42'37 ", a short
chord of 135.31 feet (short chord bears
S12 06'09 "W) for an arc length of 135.47 feet to
the POINT OF BEGINNING containing 3.000 acres
(130,680 sq. ft.) of land area.
Registe blic Surveyor No. 4295 24/ SO
CJC:ek •
July 24, 1987
Job No. 352 -01- 001 -202
Revised 02/11/88
EXHIBIT B
LIENHOLDER CONSENT TO RE- ZONING 'VOL. 'S f5Pnuil =+tI
The undersigned, FRANKLIN SAVINGS ASSOCIATION, is a
lienholder of certain property currently held by GRISHAM &
GARDNER INVESTORS, INC., a Texas corporation, said property being
more particularly described as follows:
The South 3.00 acres of Lot 20, Block K, THE OAKLANDS,
SECTION 2, Williamson County, Texas, being located on
Oakwood Boulevard, Round Rock, Texas, as shown in
Exhibit "A" which is attached hereto and incorporated
herein for all purposes as if set forth in full (the
"Property ").
In August of 1987, Grisham & Gardner Investors, Inc. contracted
to sell the property to 620 Oakwood Joint Venture, and 620
Oakwood Joint Venture contracted to purchase the Property from
Grisham & Gardner Investors, Inc. 620 Oakwood Joint Venture has
requested a planned unit development from the City of Round Rock
for the construction of two (2) medical and professional office
buildings located on the Property. By signing this instrument,
Franklin Savings Association, as lienholder as of the date
hereof, consents to the re- zoning of the Property from MF-
(Multifamily Residential) to a planned unit development.
Executed this day of June, 1988.
gris- con.snt /W /tld
FRANKLIN SAVINGS ASSOCIATION
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-44675rAGE652
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EXHIBIT A TO EXHIBIT B
EXHIBIT "B"
Lienholder Consent to Re- Zoning
The undersigned is a lienholder of certain property currently
held by the 620 Oakwood Joint Venture ( "Developer "), said property
more further described as follows: The South 3.00 acres of Lt 20,
Block K, The Oaklands, Section 2, Williamson County,Texas.(See
attached exhibit.)
The Developer has requested a Planned Unit Development from the
City of Round Rock for the construction of two (2) medical and
professional office buildings located on the property. By signing
this instrument, lienholder consents to the re- zoning of the property
from MF - (Multi - family Residential) to a Plate -d Unit Development.
STATE OF TEXAS
VO L 16 05p, cEe53
By:
Printed Name: H. Lewis Aven
Title: Senior Vice President
Company: MBank Round Rock N.A.
By: 1 C�1h a (. OW/
Printed Name: wAto 4. G!l,
Title: 0.t.€ fbrSIOENI(
Company: MBank Round Rock N.A.
COUNTY OF TRAVIS
Before me undersigned authority, on this day personally appeared
�GJ� A. 2r 1 V(CG � rev 11 ,- of
MBank Round Rock N.A., known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that (s) he executed the
same for the purposes and consideration therein expressed, in the capacity
stated, and as the act and deed of said / l relS5-02./0117,en .
Given under my hand and seal of ''ce th;- day of une, 1988.
/
Public in and he Sta e
of Texas '
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SITE PLAN
FIRST FLOOR PLAN
ROUND ROCK MEDICAL OFFICES
l
TI-€ /WIN GROUP
ARCiiITECrS AlA
L
BEGINNING at an iron rod found on the west right -of -way line of
Oakwood Boulevard (80 -ft. width) being also on the northeast corner of said Lot
23 and the southeast corner of Lot 20 of said proposed subdivision for the
northeast corner and POINT OF BEGINNING hereof;
THENCE with said right -of -way line being also east boundary of said
Lot 23 S16 ° 57'26 "W for a distance of 123.78 feet to an iron rod found on a point
of curvature of said right -of -way line;
THENCE continuing with said right -of -way line with a curve to the
left, having a radius of 799.34 feet, a central angle of 05 ° 38'52 ", an arc
distance of 78.79 feet and a chord which bears S14 ° 08'02W for a distance of
78.76 feet to an iron rod set on the southeast corner of said Lot 23, being also
the most easterly corner of Lot 21 of said proposed subdivision for the
southeast corner hereof;
THENCE departing said right -of -way line through the interior of said
Lot 23 the following three (3) calls:
1.) N80 ° 18'56 "W for a distance of 13.87 feet to a
point;
2.) N10 ° 30'00 "E for a distance of 53.82 feet to a
point;
3.) N18 ° 47'55 "W for a distance of 113.00 feet to a
point in the north boundary line of said Lot 23
being also the south boundary line of Lot 20 of
said proposed subdivision for the northwest corner
hereof;
THENCE with the north boundary line of said Lot 23, same being the
south boundary line of said Lot 20 N71 ° 12'05 "E for a distance of 101.00 feet to
the POINT OF BEGINNING hereof and containing 0.1766 acre (7695 square feet) of
land.
As survey: by:
eci s o m Da e
Regi , Public Surveyor No. 4295
CJC:e
Feb. 23, 1988
Job No. 352 -1- 001 -100
Exhibit B
FIELD NOTES
Drainage and Detention Pond
Easement
FOR A 0.1766 -ACRE (7695 SQUARE FT.) TRACT OF LAND
BEING A PORTION OF LOT 20, BLOCK K OF A SUBDIVISION
KNOWN AS THE OAKLANDS, SECTION TWO REVISED AS
RECORDED IN PLAT CABINET I, SLIDES 308 AND 309,
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.1766 -ACRE TRACT OF LAND BEING ALSO A PORTION OF
LOT 23 OF A PROPOSED SUBDIVISION KNOWN AS AMENDED
PLAT OF THE OAKLANDS, SECTION TWO REVISED , SAID
0.1766 -ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
EXHIBIT "D"
•
VOL1675?h E6 5
• • vo111675iACF656
DECLARATION OF DRIVEWAY AND PARKING EASEMENTS.
CONDITIONS AND RESTRICTIONS
TO BE FILED IN
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
620 Oakwood Joint Venture, a Texas joint venture general
partnership (hereinafter referred to as "Declarant ") is the
owner in fee simple of an approximately 3.0 acre tract of real
property located in Williamson County, Texas, described on
Exhibit A attached hereto and incorporated herein for all
purposes (hereinafter referred to as "Oakwood Tract ").
Declarant desires to develop the Oakwood Tract and construct
thereon two (2) medical and professional office buildings, and
to subdivide the Oakwood Tract into two (2) tracts which shall be
known as Lot 21, Block "K ", The Oaklands Section Two "Revised ", a
revised subdivision, the map or plat of which shall be recorded
in the plat records of Williamson County, Texas ( "Lot 21 ") and
Lot 23, Block "K ", The Oaklands Section Two "Revised" ( "Lot 23 ")
(Lot 21 and Lot 23 collectively referred to herein as the
"Lots").
The Lots are a portion of a Planned Unit Development
(P. U. D. ") approved by the City of Round Rock, Texas ("City").
In accordance with the terms and conditions of the P. U. D. , The
City of Round Rock has approved the subdivision of the Lots on
the condition that the Lots be impressed with certain covenants,
restrictions and easements running with the land as hereinafter
set forth, each and all of which is and are for the benefit of
each of the Lots and each "Owner" (hereinafter defined) thereof.
NOW, THEREFORE, Declarant, in order to satisfy the
conditions imposed by the City in connection with the approval of
the aforementioned subdivision plat, declares that the Lots are
and shall be held, transferred, sold, conveyed, occupied and
enjoyed subject to the following covenants, restrictions, liens,
charges and easements (sometimes hereinafter collectively
referred to as "covenants and restrictions "), which are also for
the purpose of protecting the value and desirability of, and
which shall run with, the Lots and shall be binding on all
parties having any right, title or interest in or to the Lots or
any part thereof, and their heirs, successors and assigns, and
which easements, restrictions, covenants and conditions shall
inure to the benefit of each "Owner" (hereinafter defined)
thereof.
1. Definitions.
§
§
R E C I T A L S
1.1 "Declarant" shall mean and refer to 620 Oakwood
Joint Venture, a Texas joint venture general partnership, its
successors and assigns.
1.2 "Declaration" shall mean and refer to this
Declaration of Driveway and Parking Easements, Conditions and
Restrictions.
1.3 "Owner" shall mean and refer to the record holder,
whether one or more persons or entities, of the fee simple title
to the Lots or any portion thereof, and their successors and
assigns.
1.4 "Lots" shall mean and refer to the Oakwood Tract
described in the recitals above, and upon the effective date of
the resubdivision of the Oakwood Tract, it shall mean and refer
to Lot 21 and Lot 23, collectively.
EXHIBIT" 0"
1.5 "Lot 21" and "Lot 23" shall each have the meaning
assigned thereto in the recitals above.
2. Easements.
VOL PAi, €
2.1 Nonexclusive Ingress and Egress and Parking
Easement Over Lot 21 for Benefit of Lot 23. Declarant does
hereby establish for the benefit of Lot 23 and does hereby grant
and convey to the Owners of Lot 23, their successors and
assigns, (a) a non - exclusiye easement for ingress and egress to,
from, over, through and across the portions of the roadway
described in Exhibit C attached hereto and incorporated herein
for all purposes, that shall be constructed on Lot 21, and (b) a
non - exclusive easement for parking of motorized vehicles only in
designated parking spaces that may be constructed on Lot 21 from
time to time (the driveway and parking easements hereinafter
referred to as the "Lot 21 Easement ") for the purposes set out
herein, reserving to Declarant and the Owners of Lot 21, its
successors and assigns, tenants, invitees, employees and guests
the right to use and enjoy the Lot 21 Easement in common with
the Owners of Lot 23.
2.2 Non- Exclusive Ingress and Egress and Parking
Easement Over Lot 23 For Benefit of Lot 21. Similarly,
Declarant does hereby establish for the benefit of Lot 21 and
does hereby grant and convey to the Owners of Lot 21, their
successors and assigns, (a) a non - exclusive easement for ingress
and egress to, from, over, through and across the portions of the
roadway described in Exhibit C that shall be constructed on Lot
23, and (b) a non - exclusive easement for parking of motorized
vehicles in designated parking spaces that may be constructed on
Lot 23 from time to time (the driveway and parking easements
hereinafter referred to as "Lot 23 Easement"), for the purposes
set out herein, reserving to Declarant and the Owners of Lot 23,
its successors, assigns, tenants, invitees, employees and guests
the right to use and enjoy the Lot 23 Easement in common with
Owners of Lot 21 (the Lot 21 Easement and Lot 23 Easement
sometimes collectively referred to herein as "Easements ").
3. Maintenance.
3.1 Duty to Maintain. In connection with the
Easements above, each Owner, its respective successors and
assigns, shall have the right and privilege, obligation and duty
to construct, pave, reconstruct, inspect, alter, improve and
maintain the portion of the roadway and parking areas ultimately
located on, through, and across such Owner's tract, together with
all rights and privileges necessary or convenient for the full
enjoyment or use of the Easement for the above described
purposes, and also including the right of ingress and egress over
paved portions of the Lots for the purpose of exercising the
above - described rights and privileges.
3.2 Costs. The cost of initial construction of the
roadway and the parking areas located on both of the Lots and
required in connection with the development of Lot 21 shall be
borne by the Owner of Lot 21, and thereafter each Owner shall be
responsible for payment of the costs attributable to
constructing and paving, maintaining, improving, administering
and repairing that portion of the roadway and parking areas which
is over and across such Owner's tract.
3.3 Uniform Construction. Each Owner solely shall, at
each such Owner's sole cost, maintain, improve and repair the
roadway and parking areas on the Easements on each of the Owners'
respective tracts in a usable, neat and uniform manner so as to
prevent their deterioration.
3.4 Damage to Easements. Notwithstanding the
foregoing or any other provision hereof, the cost of repairing
2
EXHIBIT "D"
r
VIOL16 5PAGE658
damages to any portion of the roadway or parking areas by any
Owner, or such Owner's agent, contractors, successors, assigns,
employees, other than normal wear, shall be borne entirely by the
Owner causing (or whose agents, contractors, successors, assigns,
employees, caused) such damage.
3.5 Redirecting Traffic. Each Owner shall have the
right to make such changes in the location of the Easement on the
Owner's property as in such Owner's reasonable opinion may be
necessary or desirable and in the best interest of all persons
using such Easement, including without limitation, reconfiguring
driveway areas and redirecting traffic, but no such change shall
interfere with the beneficial use of the Easements for the
purposes herein granted. Notwithstanding the foregoing, the
parties may temporarily interrupt use of the Easements to perform
necessary repairs to the improvements thereon, including without
limitation, resurfacing and restriping the driveway and parking
areas, but such repair and maintenance work shall to the extent
reasonably possible be scheduled so as to minimize interference
with the use of the Easements.
3.6 Default in Maintenance. If any Owner, or its
successors or assigns, fails to timely construct or maintain the
roadway or parking areas as required by Sections 3. 1, 3.2 and 3. 3
above (the "Defaulting Owner "), any other Owner may upon thirty
(30) days prior written notice specifically setting forth the
nature and extent of the work required to be done perform such
construction or maintenance set forth in the written notice. The
Defaulting Owner shall reimburse the other owner for costs
incurred upon demand plus interest at the rate of eighteen
percent (18 %) per annum.
4. Purposes of the Easements. The Easements, rights and
privileges herein granted shall be for the purpose of providing
vehicular and pedestrian ingress and egress over and across the
roadway to be constructed on the Easements (but excluding
construction equipment or other vehicles whose weight could
damage the driveway areas of the Easements) and parking motorized
vehicles in areas located within the Easements designated by each
Owner as a parking area, except parking spaces that each Owner
may properly designate as a "Reserved Parking Space" (defined in
Section 10.2 hereof) in accordance with the terms and conditions
set forth in Section 10.2 hereof and to allow the free and
uninterrupted use and privilege for vehicular and pedestrian
ingress and egress by the Owners, their successors, assigns,
tenants, employees, invitees and guests, between Lot 21 and Lot
23.
5. Signaae. The Owners shall unanimously agree whether
there shall be the construction, erection and maintenance on the
Easements of identifying and directional signage that would
benefit all the Owners, and the location, design and dimension
thereof; further, in the event such signage is constructed, the
Owners hereby agree to share all costs of constructing, erecting,
maintaining and repairing such signage in the following manner:
Each Owner shall pay one -half (1/2) of such costs.
Notwithstanding the foregoing or any other provision hereof, the
cost of repairing damages to the signage by any Owner, or such
Owner's agent, contractors, successors, assigns, employees, other
than normal wear, shall be borne entirely by the Owner causing
(or whose agents, contractors, successors, assigns, employees,
caused) such damage.
6. Indemnification. By acceptance of ownership of any
portion of the Lots, each Owner ( "Indemnitor ") shall and does
hereby indemnify and hold harmless each other Owner and shall
defend each other Owner by and through legal counsel
satisfactory to the other Owner from and against any and all
losses, costs, claims, demands or expenses suffered by any person
arising from loss, injury, death or damage to persons or property
3
EXHIBIT "D"
VOL l6 75pACE65f
as a result of any action on the part of such Indemnitor or such
Indemnitor's contractors, employees, tenants or invitees with
respect to any occurrence on or adjacent to the Easements located
on such Indemnitor's tract.
7. Insurance. By acceptance of ownership of any portion
of the Lots, each Owner agrees that each Owner shall obtain and
maintain in force during the term of this Agreement liability and
property damage insurance insuring against all liability of such
party arising out of or„ in connection with the use of the
Easements located on such dwner's tract with such coverage limits
as may be reasonable and prudent for such coverage in Williamson
County, Texas. Each party agrees upon request of the other to
furnish to the requesting party a certificate evidencing the fact
that such insurance has been obtained and is in effect. Neither
party shall have any duty or obligation to obtain liability or
other insurance protection for the other party.
8. Covenant to Keep Easement Free of Obstructions. Each
Owner of any portion of the Lots shall be responsible for
ensuring that they and their respective contractors, tenants,
employees, invitees and guests keep that portion of such Owner's
Tract which is burdened by the Easements, and the portion of the
private drive and parking areas thereon, free and unobstructed at
all times for the use of the other Owner and its successors,
assigns, agents, contractors, employees, tenants, invitees and
guests. No Owner or such Owner's successors or assigns, shall
allow any obstructions to accumulate or exist on the roadway or
parking areas within the area owned and /or occupied by them.
Each Owner and Owner's successors and assigns shall use best
efforts to prevent the Owner's contractors, tenants, employees,
invitees and guests from causing obstructions to accumulate or
exist upon the portion of the roadway or parking areas located
upon the other Owner's tract. Each Owner and such Owner's
successors and assigns shall at all times conduct operations on
and with respect to the private drive and parking areas on the
Easements and the property abutting same in such a manner as not
to create a nuisance or cause detrimental effects to the roadway
or parking areas. The covenants contained in this subparagraph
shall be subject to the covenants set out in subparagraph 3.5
herein.
9. Term. The term of the Easements shall commence as of
the time of the recording of this Declaration with the
Williamson County Recorder's office and continue in effect
perpetually thereafter until and unless terminated by a duly
recorded agreement executed by the then holders of the fee simple
interests of Lot 21 and Lot 23.
10. Parking Rules and Reserved Parking.
10.1 Parking Rules. The Owners, their respective
successors and assigns, shall mutually promulgate, post and
enforce reasonable rules and regulations regulating traffic
movement and parking over the Easements.
10.2 Reserved Parking Spaces. Each Owner, their
respective successors and assigns, shall have the right to
designate up to thirty (30) parking spaces located within the
Easement located on such Owner's tract as "Reserved Parking
Spaces" (hereby defined) and such Owner shall designate the
person(s) or entity which shall hold the exclusive right to park
in each Reserved Parking Space for a designated period of time
and for consideration to be determined at the sole discretion of
such Owner. Each Owner, its successors, assigns, tenants,
employees, invitees or guests shall be prohibited from using the
Reserved Parking Spaces located on the Easements located on
another Owner's tract, unless such person or entity reserves such
space in accordance with the rules and regulations of the Owner
of the tract on which the parking space is located. Each Owner
4
EXHIBIT "D"
VDL16 I,SPAGE66V
shall mark each designated Reserved Parking Space located within
the Easements on such Owner's tract as a "reserved" parking
space, by posting a- sign, painting the pavement, or similar
means. Each Owner shall have the right to enforce the
prohibition of parking in Reserved Parking Spaces by unauthorized
persons by posting a notice that unauthorized vehicles will be
towed and by causing unauthorized vehicles to be towed, or by
similar means of enforcement.
11. Miscellaneous. -
11.1 No Grant or Dedication to Public. The Easements
established herein and the covenants running with the land as
created hereby are for the sole benefit of the Lots, the Owners
of any portion thereof, and their respective successors, heirs,
assigns, contractors, tenants, employees, invitees and guests.
Nothing contained herein shall be construed to grant any right to
the general public, the City of Round Rock, County of
Williamson, or any governmental body or agency to use or enter
upon the Easements.
11.2 Appurtenances. All Easements, covenants and
conditions granted and established herein, including all terms
and provisions contained herein, apply to Lot 21 and Lot 23 and
bind each Owner, their respective successors and assigns.
Further, all Easements shall pass with each conveyance of each
tract and shall be deemed to run with said land. Each tract
shall be a dominant estate insofar as it is benefitted by the
terms and provisions contained herein; likewise, each tract shall
be a servient estate insofar as it is burdened hereby. All
Easements granted under this Declaration are appurtenances to
each tract, and none of the Easements may be assigned or
encumbered except as appurtenances thereto.
11. 3 Injunction. If any Owner, or its successors,
assigns, tenants or sub - tenants, agents, servants, employees,
guests or invitees, violates or threatens to violate any part of
this Declaration, any other Owner, or its respective successors
and assigns, shall have the right to enjoin such violation or
threatened violation in any court of competent jurisdiction and
to recover damages. If any Owner, its successor or assign
brings an action in any court of competent jurisdiction to
enforce any provision of this Declaration, the prevailing party
shall be entitled to reasonable attorney's fees and all costs,
which sums shall be included in any judgment entered in favor of
the prevailing party.
11.4 Modification. Except as stated otherwise in this
Declaration, the Declaration or any of its provisions,
conditions, covenants and restrictions may not be modified,
extended or terminated without the written consent of all the
then Owners, which consent shall not be effective until recorded
in the Real Property Records of Williamson County, Texas.
11.5 Severability. If any provision, condition,
covenant or other clause, sentence or phrase of this Declaration
shall become null, void or illegal for any reason, or held to be
so by any court of competent jurisdiction, the remaining portions
shall remain in full force and effect.
11.6 Headings. Paragraph numbers and headings used in
this Declaration are for convenience only and not to be
interpreted as adding to, limiting or otherwise modifying the
meaning of this Declaration or the intent of the parties hereto.
11.7 Controlling Law. This Declaration shall be
construed according to the laws of the State of Texas.
11.8 Notices. Any notice required or permitted to be
given pursuant to this Declaration shall be deemed delivered when
5
EXHIBIT "D"
actually received if delivered by personal delivery or courier
service, or the earlier of the date of actual receipt or three
(3) business days after deposit in the United States mail,
postage prepaid, certified mail, return receipt requested,
addressed to the addressee Lot Owner at the address of the Lot
which they own.
IN WITNESS WHEREOF, this instrument is executed as of
this / -3 day of � a, ,Ze_ , 1988.
620 OAKWOOD JOINT VENTURE,
a Texas joint venture general
partnership
By: Orthopaedic Associates of
Central Texas, P.A.
By: "_,
Name: 0
Title: Oc _
By:
David 0. Gillory,
General P -ftner
By:
By:
By:
By:
By:
CONSENT
By:
6
EXHIBIT "D"
Name:
Title:
Name:
Title:
Name:
Title:
VQL1675PA E661 •
Steve anford 'Wilson,
General Partner
Lcc
Name: JIP A • Coo T
Title: UIC.E P tlibrsrr
Gal RR hard Williams,
Gener l Partner
The undersigned, as lienholder on the Lots, does hereby
join in the execution of this Declaration of Driveway and
Parking Easements, Conditions and Restrictions for the purpose of
giving its consent to the execution hereof and to the encumbrance
of the Lots with the easements, covenants and conditions
contained herein. The undersigned does also hereby subordinate
its liens to this Declaration of Driveways and Parking Easements,
Conditions and Restrictions and all of the easements, covenants,
conditions and restrictions contained herein.
VOL1675
THE STATE OF TEXAS §
§
COUNTY OF 2,dL (, ._,,,,_« y - ) §
This instrument was acknowledged befor me on
j, - /.. , 1988 by)av ,O. 2Lei! w ya > / o s�: ,
of Orthopaedic Associates of Centra , P.A., general partner
of 620 Oakwood Joint Venture, a exas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF 1
§
§
§
7
EXHIBIT "D"
NotargPublic in and for
the State of Texas
Printed name
My Commission expires:
9 - yi
This instrument was acknowledged before me on
(,- /3 - 1988 by David O. Gillory, III, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
J _ Ccucr��
N.tar. Public in and for
the State of Texas ln I
Printed name /,R �c goe f�AUSeeg
My Commission expires:
%
- A7 - 9/
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on
••/. , 1988 by Steve Cranford Wilson, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notar Public in an for
the State of Texas
Printed name
My Commission expires:
in C'- Sue 1-hose,
THE STATE OF TEXAS §
COUNTY OF 7 %��:__•,_.___ §
This instrument was acknowledged before me on
G /3 , 1988 by Gary Richard Williams, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF
THE STATE OF TEXAS
COUNTY OF
§
§
§
§
§
8
VOL1675p E663
Notary/ Public in and for
the State of Texas
Printed name 1 .)dry /7/t.•> %J1,RC! /�c:se/.
v
My Commission expires:
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Ventura, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
EXHIBIT "D"
• VO L�`l 15PAGE[�6`t
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF IRAVLS
§
§
§
§
§
[LIENHOLDER]
This instrument was acknowledged befo a me on
s-h7ne 17 , 1988 by 4�. PV7c{ A. Cjoerjz , Wee 6`re.Tirk)1 of
rnmA-NK_ PUi)niDleOCK \1 a oe, l' P on behalf of said
,lla - rr,r, o4 AT o r S,,
ELIZABETH M. YOUNG
17s:ary Public, State of Texas
My Commisaon Expires May 27,1992
9
EXHIBIT "D"
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
of Public in and
the a -tate of Texas
Printed name
My Commission expires:
Exhibit A:
VOL16 O5Piu,FG65,
Description of 3.0 Acre Oakwood Tract
Exhibit B: Metes and bounds description of Easement as it
crosses both Lot 21 and Lot 23
Exhibit C: Map of Lot 21 and Lot 23, with the driveway
easements marked
F: \emsinisi \10800 \0004 \easement. two 10
[Rev 03/19/88.1u]
EXHIBIT "D"
.OL1675 PAeE 666
Exhibit A •
FIELD NOTE DESCRIPTION OF
A 3.000 -ACRE TRACT OF LAND BEING OUT OF AND PART OF
LOT 20, BLOCK K, THE OAKLANDS, SECTION TWO AS
RECORDED IN CABINET I, SLIDES 308 -309, PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 3.000 ACRES BEING
ALSO ALL OF LOT 21 AND LOT 23 OF THE PROPOSED
AMENDED PLAT OF THE OAKLANDS, SECTION TWO REVISED
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a point in the north right -of -way line of Ranch to
Market Road No. 620 (F.M. 620), being the southeast corner of a tract of land
conveyed to Lifemark Hospital Inc. by instrument in Volume 871, Page 888,
Official Records of Williamson County, Texas, and a point in the west line of a
remainder portion of a 47.83 -acre tract of land (called the First Tract) as
recorded in Volume 717, Page 403 of said Official Records;
THENCE, with the aforementioned north right -of -way line,
N67 44'25 "E a distance of 425.74 feet to a point of curvature of a right -of -way
return, said curve being a curve to the left;
THENCE, with said curve to the left having a radius of 30.00 feet,
a central angle of 86 04'25 ", a long chord of 40.95 feet (chord bears
N24 42'13 "E) an arc length of 45.07 feet to a point of tangency on the west
right -of -way line of Oakwood Boulevard as dedicated per the original Oaklands,
Section Two, plat;
THENCE, with said west right -of -way line the following two (2)
courses and distances:
1) N18 20'00 "W at a distance of 264.64 feet passing
the southeast corner of Lot 21 (Proposed Lot 22 of
said Proposed Amended Plat) of said Oaklands,
Section Two, for a total distance of 338.85 feet to
a point of curvature of a curve to the right;
2) With said curve to the right having a radius of
799.34 feet, a central angle of 25 34'51 ", a short
chord of 353.92 feet (short chord bears
NO5 32'35 "W) an arc length of 356.88 feet to an
iron rod found for a point on curve, same being the
northeast corner of the aforementioned Lot 21
(Proposed Lot 22) and the southeast corner of said
Lot 20 (Proposed Lot 21) for the southeast corner
and the POINT OF BEGINNING hereof;
THENCE, leaving the aforementioned right -of -way line with the
north line of said Lot 21 (Proposed Lot 22), same being the south line hereof,
S71 12'05 "W for a distance of 537.19 feet to an iron rod found on the east line
of said Lifemark Hospital tract, same being the northwest corner of said Lot 21
Proposed Lot 22) and southwest corner hereof;
THENCE, with the east line of said Lifemark Hospital tract, same
being the west line of said Lot 20 (proposed Lot 21) the following two (2)
courses and distances:
1) N18 47'55 "W for a distance of 44.92 feet to an iron
rod found for an angle point hereof;
2) N18 39'35 "W for a distance of 171.63 feet to an iron
rod set for the southwest corner of the proposed Lot
20 and the northwest corner hereof;
THENCE, with the south line of the Proposed Lot 20, same being the
north line of proposed Lot 21 and proposed Lot 23, N71 12'05 "E for a distance of
678.59 feet to an iron rod found in the aforementioned west right -of -way line of
Oakwood Boulevard for the southeast corner of proposed Lot 20, same being the
northeast corner of proposed Lot 23;
Page 1 of 2
EXHIBIT "D"
— VOL1675M1667 .
THENCE, with said west right -of -way line, same being the east line
hereof the following two (2) courses and distances:
1) S16 57'26 "W for a distance of 123.78 feet to an iron
rod found for a point of curvature of a curve to the
left;
2) With said curve to the left having a radius of
799.34 feet, a central angle of 09 42'37 ", a short
chord of 135:31 feet (short chord bears
S12 06'09 "W) for an arc length of 135.47 feet to
the POINT OF BEGINNING containing 3.000 acres
(130,680 sq. ft.) of land area.
As Surveyed By:
.max %zt: .
s m la e
Registe" blic Surveyor No. 4295
CJC:ek
July 24, 1987
Job No. 352 -01- 001 -202
Revised 02/11/88
Page 2 of 2
EXHIBIT "D"
EXHIBIT ! S INGRESS /EGRESS EASEMENT
As Surveyed y:
VOL16I5Pii
Cecil Jack hisholm Date
Registered ., is Surveyor No. 4295
BAKER -AICK & ASSOCIATES, INC.
Consulting ngineers
9111 Jollyville Road, Suite 107
Austin, Texas 78759
Phone: (512) 346 -6980
CJC:ek
Oct. 23, 1987
Revised Feb. 10, 1988
Revised May 26, 1988
Project No. 352 -01- 001 -203
FIELD NOTES
FOR A TWENTY- SIX'126) FOOT -WIDE STRIP OF LAND,
BEING OUT OF AND A PART OF LOT 20 OF THE OAKLANDS
SECTION TWO REVISED, AS RECORDED IN PLAT CABINET I,
SLIDES 308 -309 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, THE CENTERLINE OF SAID 26.00 -FOOT
STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE at an iron rod found on the southwest
corner of said Lot 20 of the above - mentioned subdivision, also being the
northwest corner of Lot 21 of said subdivision, said corner also being in the
east boundary line of a 15.00 -acre tract of land conveyed to Lifemark
Hospitals, Inc., a Delaware corporation, by instrument recorded in Volume 871,
Page 888 of the Official Records of Williamson County, Texas, thence with the
common boundary line of said Lot 20 and said 15.00 -acre tract, N18 ° 47'55 "W for
a distance of 36.00 feet to the POINT OF BEGINNING;
THENCE, departing said common boundary line with the centerline
of said 26- foot -wide ingress- egress easement through the interior of said Lot
20 the following five (5) courses and distances:
1) N71 ° 12'05 "E for a distance of 174.83 feet to a
point;
2) N63 °12'05 "E for a distance of 201.19 feet to a
point;
3) N71 ° 12'05 "E for a distance of 53.23 feet to a
point;
4) N79 ° 12'05 "E for a distance of 86.15 feet to a
point;
5) S80 °18'56 "E for a distance of 45.69 feet to a
point in the east boundary line of said Lot 20
and being the POINT OF TERMINATION hereof and
from which an iron rod found on the southeast
corner of said Lot 20 bears S08 ° 27'57 "W a
distance of 34.00 feet;
DIIANN 6 C
AmpVCD ✓
DI /IDNID
" ocr. 198r
[NICKED C ✓ c
ICALI / •. /00
I 5 ( BAKER- AICKLEN
ham► & ASSOCIATES, INC.
Consulting Engineers
Exhibii-C_ '
VCL 16 5NGE669
SCALE
I =100'
SKETCH TO ACCOMPANY
DESCRIPTION
PROPOSED
LOT 2l
L V 1 - 1
• IRON ROD FOUND
• LOT CORNER
R. M. 620
( 1 2 0' R O W.)
REVISED 5 -26 -88
7n
T
PROPOSED
LOT `x. G)
GR�55 65�t
% o N71 ° 1205 ° E
53.23'
�
;I,/ j Sg
4$99 F
- 2-4-_ /�� -° 201.19 1 N7 86 -1 � , /
N 1 7463 N63 °0120 5 E Lo r 26 ' 5 S 08 ° 400' �W
c ........
3400
NI8°47 '55�� W LINE
3600'
Q
F OF . C/
Co L T 7 /
V
/
CJ I r
I
PREPARED BY:
O
O
JOB No. 35 - 001 - 20
7 401.1675PAGE67O
DECLARATION OF DRAINAGE AND DETENTION
EASEMENTS AND COVENANTS
TO BE FILED IN
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
R•,.E C I T A L S
620 Oakwood Joint Venture, a Texas joint venture general
partnership (hereinafter referred to as "Declarant ") is the
owner in fee simple of an approximately 3.0 acre tract of real
property located in Williamson County, Texas, described on
Exhibit A attached hereto and incorporated herein for all
purposes (hereinafter referred to as "Oakwood Tract ").
Declarant desires to develop the Oakwood Tract and construct
thereon two (2) medical and professional office buildings, and
to subdivide the Oakwood Tract into two (2) tracts which shall be
known as Lot 21, Block "K", The Oaklands Section Two "Revised", a
revised subdivision, the map or plat of which shall be recorded
in the plat records of Williamson County, Texas ( "Lot 21 ") and
Lot 23, Block "K ", The Oaklands Section Two "Revised" ( "Lot 23")
(Lot 21 and Lot 23 collectively referred to herein as the
"Lots").
The Lots are a portion of a Planned Unit Development
(" P. U. D. ") approved by the City of Round Rock, Texas ("City").
In accordance with the terms and conditions of the P.U.D., The
City of Round Rock has approved the subdivision of the Lots on
the condition that the Lots be impressed with certain covenants,
restrictions and easements running with the land as hereinafter
set forth, each and all of which is and are for the benefit of
each of the Lots and each "Owner" (hereinafter defined) thereof.
NOW, THEREFORE, Declarant, in order to satisfy the
conditions imposed by the City in connection with the approval of
the aforementioned subdivision plat, declares that the Lots are
and shall be held, transferred, sold, conveyed, occupied and
enjoyed subject to the following covenants, restrictions, liens,
charges and easements (sometimes hereinafter collectively
referred to as "covenants and restrictions "), which are also for
the purpose of protecting the value and desirability of, and
which shall run with, the Lots and shall be binding on all
parties having any right, title or interest in or to the Lots or
any part thereof, and their heirs, successors and assigns, and
which easements, restrictions, covenants and conditions shall
inure to the benefit of each "Owner" (hereinafter defined)
thereof.
1. Definitions.
1.1 "Declarant" shall mean and refer to 620 Oakwood
Joint Venture, a Texas joint venture general partnership, its
successors and assigns.
1.2 "Declaration" shall mean and refer to this
Declaration of Drainage and Detention Easements and Covenants.
1.3 "Owner" shall mean and refer to the record holder,
whether one or more persons or entities, of the fee simple title
to the Lots or any portion thereof, and their successors and
assigns.
1. 4 "Lots" shall mean and refer to the Oakwood Tract
described in the recitals above, and upon the effective date of
the resubdivision of the Oakwood Tract, it shall mean and refer
to Lot 21 and Lot 23, collectively.
EXHIBIT "D"
1. 5 "Lot 21" and "Lot 23" shall each have the meaning
assigned thereto in the recitals above.
2. Easements.
2.1 Establishment of Easement. Declarant hereby
establishes and grants a non - exclusive easement over and across
the portion of Lot 23 described in Exhibit B attached hereto and
incorporated herein for all purposes (the "Easement "), for the
use and benefit of the present and subsequent Owners of Lot 21,
and their successors and assigns, for the purpose of providing
drainage of surface stormwater upon, under and across Lot 23, the
detention of surface waters upon, under and across Lot 23, and
construction, maintenance and repair of surface stormwater
transmission structures and a stormwater detention pond upon,
under, over and across Lot 23; provided, however, the rate and
volume of drainage of surface stormwater shall be limited to the
rate and volume of surface water drainage "Maximum Flow" that
will flow from Lot 21 to Lot 23 upon the completion of the
improvements to constructed upon Lot 21 in accordance with the
site plan for Lot 21 that has been approved by the City, a copy
of which is attached hereto as Exhibit C, and is incorporated
herein for all purposes, and the Owners of Lot 21 shall not
thereafter design or redesign, construct or reconstruct
improvements or stormwater management systems or take any other
action the result of which would be to cause any more surface
stormwater drainage from Lot 21 or any other Property at a rate
or volume greater than the Maximum Flow, without the prior
written consent of the then Owners of Lot 23, which consent must
be recorded in the Real Property Records of Williamson County,
Texas to be effective.
2.2 Rights Reserved. Declarant expressly reserves
unto the Owners of Lot 23, the right to use and enjoy the
Easement in common with the Owners of Lot 21. Declarant intends
that the detention pond in the Easement shall serve to detain all
surface drainage properly entering the Easement from Lot 21
together with all surface drainage from Lot 23.
3. Maintenance.
2
EXHIBIT "D"
VOL 16 5Pi,GE6 1
3.1 Duty to Construct. In connection with the
Easement above, each Owner of Lot 21, its respective successors
and assigns, shall at its sole cost and expense have the right
and privilege, obligation and duty to construct, pave and inspect
the drainage and detention improvements on the Easement, together
with all rights and privileges necessary or convenient for the
full enjoyment or use of the Easement for the above described
purposes, and shall have the right of ingress and egress over
paved portions of the adjoining lands of Lot 23 for the purpose
of exercising the above - described rights and privileges.
3.2 Duty to Maintain. The Owner of Lot 23 shall have
the right and privilege, obligation and duty, on behalf of all
the Owners, to inspect, alter, improve, reconstruct and maintain
the drainage and detention improvements located on, over and
across the Easement, together with all rights and privileges
necessary or convenient for the full use or enjoyment of the
Easement for the above described purposes, and also shall have
the right of ingress and egress over the adjoining paved areas of
Lot 21 for the purposes of exercising the above - described rights
and privileges. The Owner of Lot 23 shall assess the costs of
such work to all Owners as provided in Section 3.3 hereof.
3.3 Costs. Each Owner shall be responsible for
payment of one -half (i) of the costs attributable to
maintaining, improving, administering and repairing the drainage
and detention improvements located on, over and across the
Easement. The Owner of Lot 23 shall assess such costs to each
OL16 5rAvC6I2
Owner, and the assessments shall be due and payable 30 days after
receipt of the written assessment.
3.4 Damage to Easements. Notwithstanding the
foregoing or any other provision hereof, the cost of repairing
damages to any portion of the drainage or detention improvements
by any Owner, or such Owner's agent, contractors, successors,
assigns, employees, other than normal wear, shall be borne
entirely by the Owner causing (or whose agents, contractors,
successors, assigns, employees, caused) such damage.
3.5 Default in Maintenance. If any Owner, or its
successors or assigns, fails to timely construct or maintain the
roadway or parking areas as required by Sections 3.1 or 3.2 above
(the "Defaulting Owner"), any other Owner may upon thirty (30)
days prior written notice specifically setting forth the nature
and extent of the work required to be done perform such
construction or maintenance set forth in the written notice.
The Defaulting Owner shall reimburse the other owner for costs
incurred upon demand plus interest at the rate of eighteen
percent (18 %) per annum.
4. Covenant to Keep Easement Free of Obstructions. Each
Owner of any portion of the Lots shall be responsible for
ensuring that they and their respective contractors, tenants,
employees, invitees and guests keep that portion of such Owner's
Tract which is burdened by the Easements, and the portion of the
drainage and detention improvements thereon, free and
unobstructed at all times for the use of the other Owner and its
successors and assigns. No Owner or such Owner's successors or
assigns, shall allow any obstructions to accumulate or exist on
the drainage or detention improvements or property adjoining same
within the area owned and /or occupied by them. Each Owner and
Owner's successors and assigns shall use best efforts to prevent
the Owner's contractors, tenants, employees, invitees and guests
from causing obstructions to accumulate or exist upon or adjacent
to the portion of the drainage or detention improvements located
upon the other Owner's tract. Each Owner and such Owner's
successors and assigns shall at all times conduct operations on
and with respect to the drainage or detention improvements on the
Easement and the property abutting same in such a manner as not
to create a nuisance or cause detrimental effects to the drainage
or detention improvements.
5. Term. The term of the Easements shall commence as of
the time of the recording of the map or plat of The Oaklands
Section Two "Revised" in the Plat Records of Williamson County,
Texas and continue in effect perpetually thereafter until and
unless terminated by a duly recorded agreement executed by the
then holders of the fee simple interests of Lot 21 and Lot 23, or
until the Owners of Lot 21 violate the condition that the Owners
of Lot 21 shall not cause the surface stormwater drainage to
exceed the Maximum Flow.
6. Miscellaneous.
6.1 No Grant or Dedication to Public. The Easements
established herein and the covenants running with the land as
created hereby are for the sole benefit of the Lots, the Owners
of any portion thereof, and their respective successors, heirs,
assigns, contractors, tenants, employees, invitees and guests.
Nothing contained herein shall be construed to grant any right to
the general public, the City of Round Rock, County of
Williamson, or any governmental body or agency to use or enter
upon the Easement.
6.2 Appurtenances. All Easements, covenants and
conditions granted and established herein, including all terms
and provisions contained herein, apply to Lot 21 and Lot 23 and
bind each Owner, their respective successors and assigns.
3
EXHIBIT "D"
Further, all Easements shall 'pass with each conveyance of each
tract and shall be deemed to run with said land. Each tract
shall be a dominant estate insofar as it is benefitted by the
terms and provisions contained herein; likewise, each tract shall
be a servient estate insofar as it is burdened hereby. All
Easements granted under this Declaration are appurtenances to
each tract, and none of the Easements may be assigned or
encumbered except as appurtenances thereto.
6. 3 Injunction::•• If any Owner, or its successors,
assigns, tenants or sub - tenants, agents, servants, employees,
guests or invitees, violates or threatens to violate any part of
this Declaration, any other Owner, dr its respective successors
and assigns, shall have the right to enjoin such violation or
threatened violation in any court of competent jurisdiction and
to recover damages. If any Owner, its successor or assign
brings an action in any court of competent jurisdiction to
enforce any provision of this Declaration, the prevailing party
shall be entitled to reasonable attorney's fees and all costs,
which sums shall be included in any judgment entered in favor of
the prevailing party.
6.4 Modification. Except as stated otherwise in this
Declaration, the Declaration or any of its provisions,
conditions, covenants and restrictions may not be modified,
extended or terminated without the written consent of all the
than Owners, which consent shall not be effective until recorded
in the Real Property Records of Williamson County, Texas.
6.5 Severability. If any provision, condition,
covenant or other clause, sentence or phrase of this Declaration
shall become null, void or illegal for any reason, or held to be
so by any court of competent jurisdiction, the remaining portions
shall remain in full force and effect.
6.6 Headings. Paragraph numbers and headings used in
this Declaration are for convenience only and not to be
interpreted as adding to, limiting or otherwise modifying the
meaning of this Declaration or the intent of the parties hereto.
6.7 Controlling Law. This Declaration shall be
construed according to the laws of the State of Texas.
6.8 Notices. Any notice required or permitted to be
given pursuant to this Declaration shall be deemed delivered when
actually received if delivered by personal delivery or courier
service, or the earlier of the date of actual receipt or three
(3) business days after deposit in the United States mail,
postage prepaid, certified mail, return receipt requested,
addressed to the addressee Lot Owner at the last address on
record with the Travis County Central Appraisal District, unless
such records list the Owner's mortgagee's address, in which case
the notice shall be addressed at the Owner's address on the Lot
Owner's deed on record in the Travis County Real Property
Records.
IN WITNESS WHEREOF, this instrument is executed as of
this /3 day of , 1988.
620 OAKWOOD JOINT VENTURE,
a Texas joint venture general
partnership
By: Orthopaedic Associates of
Central Texas, P.A.
4
By:
EXHIBIT "D"
VOL 16/5P, 673 ..
VGL16 5 FAGE6 `3
THE STATE OF TEXAS
COUNTY OF TRAVIS
By:
By:
By: .4P ✓�'c. /` �� �'�° ����
Gary Ri hard Williams,
General Partner
By:
By:
By:
CONSENT
The undersigned, as lienholder on the Lots, does hereby
join in the execution of this Declaration of Driveway and
Parking Easements, Conditions and Restrictions for the purpose of
giving its consent to the execution hereof and to the encumbrance
of the Lots with the easements, covenants and conditions
contained herein. The undersigned does also hereby subordinate
its liens to this Declaration of Driveways and Parking Easements,
Conditions and Restrictions and all of the easements, covenants,
conditions and restrictions contai d herein.
M D.o. �{o
F?�r
()ago c DrexZZ
VIC.t' P2 &7
This instrum was ,tee ed fore me .n
Fi `/ � , 1988 by n ,�i„.( t, ,/-k�t/ E 41,D
of Orthopaedic Associates of Central s, P.A., general partner
of 620 Oakwood Joint Venture, a exas joint venture general
partnership, on behalf of said partnership.
5
Name:
Title:
Name:
Title:
Name:
Title:
EXHIBIT "D"
David O. Gi
General Pa
Steve Cranford WiYson,t
General Partner
No aryyublic in and for
the State of Texas
Printed name cirll Gv Soq. 4/WI .
My Commission expires:
/-a9 —y,
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me. on
-/3 1988 by David 0. Gillory, III, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
§
§
§
§
§
6
No ar Public in and for
the State of Texas
Printed name )/J
My Commission expires:
% dq/ - ?/
EXHIBIT "D"
VOL1675n &E6 5
This instrument was acknowledged before me on
4 ,-/ 3 1988 by Steve Cranford Wilson, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary ublic in and
the Sta e of Texas / • Printed name / fr z g i ,,, , , �S `re J� uselK
My Commission expires:
/ -,Q9-v
for
This instrument was acknowledged before me on
4 ° / , 1988 by Gary Richard Williams, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary ) Public in and for
the ate of Texas
Printed name 1llELrl ` tde. //Huse /E'
My Commission expires:
c)
!/Jttx>�.l re 4use'/Z
V0L16 5PAGE6 66
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
This instrument was acknowledged before me on
1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on
1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
§
§
§
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
7
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
EXHIBIT "D"
THE STATE OF TEXAS
COUNTY OF TRAVIS
J IAnr
[LIENHOLDERJ
This instrument, was acknowledged before me. on
1988 by Vava 11 go.ertz , t f
o f tflBanicAw 1ui,AAA. r a national assocteh'o
a SSotr'al"'Del
o. , , ;;
L !CI t
MY CAm ^11w¢�, E : "sires Ia1-1141:719 92
8
Printed name
EXHIBIT "D"
VOL
16'75P /
Ice '
belie! of sale/ nd"hona.Q
Nary ublic ' n an
the S :te of Texas
My Commission expires:
v8L16 5P ;,c E G78
Exhibit A: Description of 3.0 Acre Oakwood Tract
Exhibit B: Metes and bounds description of drainage and
detention easement
Exhibit C: Site Plan
F:\msinisi\10800\0004\dratilage.eas
[Rev 04/19/88.1u]
9
EXHIBIT "D"
Exhibit A
FIELD NOTE DESCRIPTION OF
A 3.000 -ACRE TRACT OF LAND BEING OUT OF AND PART OF
LOT 20, BLOCK K, THE OAKLANDS, SECTION TWO AS
RECORDED IN CABINET I, SLIDES 308 -309, PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 3.000 ACRES BEING
ALSO ALL OF LOT 21 AND LOT 23 OF THE PROPOSED
AMENDED PLAT OF THE OAKLANDS, SECTION TWO REVISED
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS':
COMMENCING at a point in the north right -of -way line of Ranch to
Market Road No. 620 (F.M. 620), being the southeast corner of a tract of land
conveyed to Lifemark Hospital Inc. by instrument' in Volume 871, Page 888,
Official Records of Williamson County, Texas, and a point in the west line of a
remainder portion of a 47.83 -acre tract of land (called the First Tract) as
recorded in Volume 717, Page 403 of said Official Records;
THENCE, with the aforementioned north right - of - way line,
N67 44'25 "E a distance of 425.74 feet to a point of curvature of a right -of -way
return, said curve being a curve to the left;
THENCE, with said curve to the left having a radius of 30.00 feet,
a central angle of 86 04'25 ", a long chord of 40.95 feet (chord bears
N24 42'13 "E) an arc length of 45.07 feet to a point of tangency on the west
right -of -way line of Oakwood Boulevard as dedicated per the original Oaklands,
Section Two, plat;
THENCE, with said west right -of -way line the following two (2)
courses and distances:
1) N18 20'00 "W at a distance of 264.64 feet passing
the southeast corner of Lot 21 (Proposed Lot 22 of
said Proposed Amended Plat) of said Oaklands,
Section Two, for a total distance of 338.85 feet to
a point of curvature of a curve to the right;
2) With said curve to the right having a radius of
799.34 feet, a central angle of 25 34'51 ", a short
chord of 353.92 feet (short chord bears
N05 32'35 "W) an arc length of 356.88 feet to an
iron rod found for a point on curve, same being the
northeast corner of the aforementioned Lot 21
(Proposed Lot 22) and the southeast corner of said
Lot 20 (Proposed Lot 21) for the southeast corner
and the POINT OF BEGINNING hereof;
THENCE, leaving the aforementioned right - of - way line with the
north line of said Lot 21 (Proposed Lot 22), same being the south line hereof,
S71 12'05 "W for a distance of 537.19 feet to an iron rod found on the east line
of said Lifemark Hospital tract, same being the northwest corner of said Lot 21
Proposed Lot 22) and southwest corner hereof;
THENCE, with the east line of said Lifemark Hospital tract, same
being the west line of said Lot 20 (proposed Lot 21) the following two (2)
courses and distances:
1) N18 47'55 "W for a distance of 44.92 feet to an iron
rod found for an angle point hereof;
2) N18 39'35 "W for a distance of 171.63 feet to an iron
rod set for the southwest corner of the proposed Lot
20 and the northwest corner hereof;
THENCE, with the south line of the Proposed Lot 20, same being the
north line of proposed Lot 21 and proposed Lot 23, N71 12'05 "E for a distance of
678.59 feet to an iron rod found in the aforementioned west right -of -way line of
Oakwood Boulevard for the southeast corner of proposed Lot 20, same being the
northeast corner of proposed Lot 23;
Page 1 of 2
EXHIBIT "D"
VOL 1675PAGE 679
• vOL 16 15NCEEU()
•
THENCE, with said west right -of -way line, same being the east line
hereof the following two (2) courses and distances:
1) S16 57'26 "W for a distance of 123.78 feet to an iron
rod found for a point of curvature of a curve to the
left;
2) With said curve to the left having a radius of
799.34 feet, a central angle of 09 42'37 ", a short
chord of 135.31 feet (short chord bears
S12 06'09 "W) for an arc length of 135.47 feet to
the POINT OF BEGINNING containing 3.000 acres
(130,680 sq. ft.) of land area.
As Surveyed By:
Registe blic Surveyor No. 4295
CJC:ek
July 24, 1987
Job No. 352 -01- 001 -202
Revised 02/11/88
I a e
Page 2 of 2
EXHIBIT "D"
BEGINNING at an iron rod found on the west right -of -way line of
Oakwood Boulevard (80 -ft. width) being also on the northeast corner of said Lot
23 and the southeast corner of Lot 20 of said proposed subdivision for the
northeast corner and POINT OF BEGINNING hereof;
THENCE with said right -of -way line being also east boundary of said
Lot 23 516 ° 57'26 "W for a distance of 123.78 feet to an iron rod found on a point
of curvature of said right -of -way line;
THENCE continuing with said right - of - way line with a curve to the
left, having a radius of 799.34 feet, a central angle of 05 ° 38'52 ", an arc
distance of 78.79 feet and a chord which bears S14 ° 08'02W for a distance of
78.76 feet to an iron rod set on the southeast corner of said Lot 23, being also
the most easterly corner of Lot 21 of said proposed subdivision for the
southeast corner hereof;
THENCE departing said right -of -way line through the interior of said
Lot 23 the following three (3) calls:
1.) N80 ° 18'56 "W for a distance of 13.87 feet to a
point;
2.) N10 ° 30'00 "E for a distance of 53.82 feet to a
point;
3.) N18 ° 47'55 "W for a distance of 113.00 feet to a
point in the north boundary line of said Lot 23
being also the south boundary line of Lot 20 of
said proposed subdivision for the northwest corner
hereof;
THENCE with the north boundary line of said Lot 23, same being the
south boundary line of said Lot 20 N71 ° 12'05 "E for a distance of 101.00 feet to
the POINT OF BEGINNING hereof and containing 0.1766 acre (7695 square feet) of
land.
As survey.-' by:
eci
Regi
CJC:e
Feb. 23, 1988
Job No. 352 -1- 001 -100
m Da e
Public Surveyor No. 4295
Exhibit B
FIELD NOTES
Drainage and Detention Pond
Easement
FOR A 0.1766 -ACRE (7695 SQUARE FT.) TRACT OF LAND
BEING A PORTION OF LOT 20, BLOCK K OF A SUBDIVISION
KNOWN AS THE OAKLANDS, SECTION TWO REVISED AS
RECORDED IN PLAT CABINET I, SLIDES 308 AND 309,
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.1766 -ACRE TRACT OF LAND BEING ALSO A PORTION OF
LOT 23 OF A PROPOSED SUBDIVISION KNOWN AS AMENDED
PLAT OF THE OAKLANDS, SECTION TWO REVISED , SAID
0.1766 -ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
". o115 �5r~Vf ' 81
. It1112 GOs'H1
V2
voL1675 PAGE 682
FILED FOR RECORD
WJLLIA.'aN COUN i Y.TX.
IJS8 JUN 23 PM 4: 44
e glinttv
COUNTY CLERK
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify thalthIS lnstrumen• `0
on the date and at the time stain*, n
by me and was duly RECORDED ,,.one
and Page of the named RECORD , > Nimamson
County, Texas, as stamped hereon by me, on
JUN 2 44 1988
COUNTY CLER tt`
WILLIAMSON COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
RECIPROCAL EASEMENT AGREEMENT
0E.
yoLl'.02ki 755
18584
27225
This Reciprocal Easement Agreement (hereinafter
referred to as "Agreement ") is made and entered into this
day of 11(hP, 1988, by and between the parties
(hereinafter sometimes collectively referred to as "Owners ")
stated below who own the property described below.
RECITALS
620 Oakwood Joint Venture, a Texas joint venture
(hereinafter referred to as "Oakwood ") is the owner in fee simple
of a certain 3.00 acre tract of real property located in
Williamson County, Texas, described on Exhibit A attached hereto
and incorporated herein for all purposes (hereinafter referred to
as "Oakwood Tract").
Oakwood's predecessor made application to the City of
Round Rock to subdivide the Oakwood Tract into two tracts which
shall be known as Lots 21 and 23 of The Oaklands Section Two,
Revised ( "Tract A" and "Tract B ", respectively).
LIFEMARK HOSPITALS, INC., a Delaware corporation
(hereinafter referred to as "Lifemark ") is the owner in fee
simple of a certain 15 acre tract of real property located in
Williamson County, Texas, described on Exhibit B attached hereto
and incorporated herein for all purposes, and on which is
presently situated the Round Rock Community Hospital (hereinafter
referred to as "Hospital Tract ") (Tract A, Tract B and Hospital
Tract sometimes hereinafter collectively referred to as
"Tracts").
Tracts A and B are neighboring, adjacent tracts that
share two common boundaries along the southern and southwestern
boundary of Tract B. Tracts A and B and the Hospital Tract are
neighboring, adjacent tracts. Tract A and the Hospital Tract
share a common boundary along the westernmost boundary of Tract
A. Tracts A and B have vehicular access to Oakwood Boulevard, an
80' Right of Way dedicated to public use in the Real Property
Records of Williamson County, Texas. The Hospital Tract has
vehicular access to R. M. 620, an 120' Right of Way dedicated to
public use in the Real Property Records of Williamson County,
Texas.
The Owners desire to have mutual and reciprocal
easements for ingress and egress across certain eastern portions
of the Hospital Tract, and certain portions of Tracts A and B
adjacent to one of the common boundaries between Tracts A and B.
OFFICIAL RECORDS
WILLIAMSON COUNTY+ TDN `W
o 1 O2PacE °T4
A
The Owners desire to construct a private drive upon said
easements so that the Owners will have access to and from R.M.
620, Oakwood Boulevard, and their respective tracts. A map of
the private drive is attached hereto as Exhibit E, and is
incorporated herein.
NOW, THEREFORE, in consideration of the recitals and
mutual promises and covenants contained herein, and for other
good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, the Owners hereby agree and
covenant as follows:
1. Nonexclusive Access Easement Over Tracts A and B
for Benefit of Hospital Tract. Oakwood does hereby grant and
convey to Lifemark, its successors and assigns, a non - exclusive
easement for ingress and egress over, through and across the
private drive to be constructed on the portions of Tract A and
Tract B, respectively, described in Exhibit C attached hereto and
made a part hereof for all purposes (hereinafter referred to as
the "Tract A and B Easement ") solely for the purposes set out
herein, together with all rights and privileges necessary or
convenient for the full enjoyment or use of the easement for its
intended purposes reserving to Oakwood, its successors and
assigns, tenants, invitees, employees and guests the right to use
the Tract A and B Easement in common with Lifemark.
2. Non - Exclusive Access Easement Over Hospital Tract
For Benefit of Tracts A and B. Similarly, Lifemark does hereby
grant and convey to Oakwood, its respective successors and
assigns, for the benefit of both Tract A and Tract B a non-
exclusive easement for ingress and egress over, through and
across the private drive constructed on the portions of the
Hospital Tract described in Exhibit D attached hereto and made a
part hereof for all purposes (hereinafter referred to as
"Hospital Easement "), solely for the purposes set out herein,
together with all rights and privileges necessary or convenient
for the full enjoyment or use of the easement for its intended
purposes reserving to Lifemark, its successors, assigns, tenants,
invitees, employees and guests the right to use the Hospital
Easement in common with Oakwood (the A and B Easement and the
Hospital Easement hereinafter sometimes collectively referred to
as "Easements").
3. Purposes. The Easements, rights and privileges
herein granted shall be for the sole purpose of providing
vehicular and pedestrian ingress and egress (but excluding
parking on) over and across the Easements (but excluding
construction equipment or other vehicles whose weight could
damage the driveway areas of the Easements) to allow the free
and uninterrupted use and privilege for vehicular and pedestrian
ingress and egress (but expressly excluding parking) by the
Owners, their successors, assigns, tenants, employees, invitees
2
3
rkg757
CE75
VOL „
and guests, between R.M. 620, Oakwood Boulevard; and the Owners'
respective tracts (but excluding construction equipment or other
vehicles whose weight could damage the driveway areas of the
Easements).
4. Construction of the`Private Drive. In connection
with the grants of Easements above, Lifemark and Oakwood do
hereby covenant and agree that each Owner, its respective
successors and assigns, shall have the right, privilege,
obligation and duty to construct a paved private drive on,
through and across the respective Owner's Tracts, subject to the
following terms and conditions:
4.1 Construction of the private drive shall be
performed according to plans and specifications mutually approved
by both Lifemark and Oakwood, their successors and assigns, and
which approval shall be reasonably and timely given, provided
however, that by- approving and reviewing plans and
specifications for the private drive, Owners assume no liability
or responsibility for any defect in any private drive constructed
from such plans or specifications.
4.2 Each Lifemark and Oakwood do hereby covenant
and agree that within thirty (30) days following the completion
of construction of the private drive that crosses the Hospital
Tract, the Hospital shall give Oakwood written notice of any and
all expenses incurred by Lifemark in (a) relocating the mobile
building that presently occupies a portion of the Hospital
Easement to another location on the Hospital Tract; (b)
reconstructing that portion of the parking lot that presently
occupies the Hospital Easement, using the same construction
standards that shall be applied to construction of the private
drive on the Oakwood Easement; and (c) constructing a parking lot
on the Hospital Tract of a size and composition equivalent to the
size and composition of that portion of the parking lot that
presently occupies the Hospital Easement ( "Reimbursement Costs ").
Within thirty (30) days following receipt of such written notice,
Oakwood shall reimburse to the Hospital all Reimbursement Costs.
4.3 Any and all construction required pursuant to
this Agreement shall be performed according to standards
established by any applicable permit, law, ordinance or
regulation of any city, county, state or other governmental
agency, and any and all construction to be performed pursuant to
this Agreement shall be performed in a good and workmanlike
manner according to industry standards and customs. Except with
the prior written approval of the Hospital, any and all
construction of the private drive or storage of materials or
equipment related thereto on the Hospital Tract shall be
performed and completed in a manner that does not cause either
interference with or interruption of Hospital's emergency room
operations.
01.1 O2•PAGE 7 58
VOL FZE 6
5. Maintenance.
.
5.1 In connection with the grants of Easements
above, Lifemark and Oakwood do hereby covenant and agree that
each Owner, its respective successors and assigns, shall have the
right and privilege, obligation and duty to repair, reconstruct,
inspect, alter, improve and maintain the portion of private drive
that lies on, through, and across the Easement on such Owner's
tract, together with all rights and privileges necessary or
convenient for the full enjoyment or use of the Easements for the
above described purposes, and also including the right of ingress
and egress over adjoining paved portions of the land of the
other Owner for the purpose of exercising the above - described
rights and privileges.
5.2 Each Owner hereby covenants and agrees to be
responsible for payment of the costs attributable to
reconstructing, inspecting, altering, maintaining, administering
and repairing that portion of the private drive which is over and
across the respective Owner's tract.
5.3 The Owners further covenant and agree that
each Owner, at its sole cost, solely shall maintain, reconstruct,
alter and repair the private drive on the Easements on such
Owner's tract in a usable, neat and uniform manner so as to
prevent its deterioration.
5.4 Notwithstanding the foregoing or any other
provision hereof, the cost of repairing damages other than normal
wear to any portion of the private drive that lies on either
Easement caused by any Owner, or such Owner's agent, contractors,
successors, assigns, or employees, shall be borne entirely by the
Owner causing (or whose agents, contractors, successors, assigns,
or employees, caused) such damage.
5.5 Each Owner may temporarily interrupt use of
the portion of the private drive that lies on the Easement on
such Owner's Tract to perform necessary repairs to the
improvements thereon, including without limitation, resurfacing
and restriping the private drive, but such repair and
maintenance work shall to the extent reasonably possible be
scheduled so as to minimize interference with the use of the
Easements.
5.6 If either Owner, or its successors or assigns
fails to timely construct or maintain the private drive as
required by Sections 5. 1, 5. 2 and 5. 3 above (the "Defaulting
Owner "), the other Owner may upon thirty (30) days prior written
notice perform such construction or maintenance required by such
Sections and specified in the written notice, unless the
Defaulting Owner commences construction or maintenance within
4
ro. 1702r „vE759
YO P „GE
such thirty (30) day period and diligently pursues the
construction or maintenance to completion. The Defaulting Owner
shall reimburse the other Owner for costs incurred for
construction or maintenance required by Section 5. 1, 5.2, or 5.3
herein, upon demand plus interest at the maximum rate allowed by
applicable law.
5.7 Notwithstanding anything set forth herein to
the contrary, if any Owner desires to improve the private drive
on the Easements such Owner shall complete such improvement at
such Owner's sole cost and expense unless the other Owners agree
in writing in advance of such improvement to bear a portion of
such costs.
6. Use. The Owners further covenant and agree that
each Owner, and such Owner's agents, contractors, successors,
assigns and employees, shall use the private drive and the
Easements according to he following terms and conditions:
6.1 The right to use the non - exclusive Easements
granted herein for vehicular and pedestrian ingress and egress by
Owners, their successors, assigns, tenants, employees, invitees
and guests, shall be limited to ingress and egress between the
Hospital Tract and Oakwood Boulevard, and between Tract A and
Tract B and R.M. 620. Lifemark and Oakwood do hereby covenant
and agree that the right to use the non - exclusive Easements
granted herein is not intended and shall not be construed to
extend to or otherwise benefit any land, tract, or property
whatsoever except the Owners' respective Tracts as described
herein.
6.2 The Owners further covenant and agree that
each Owner retains, reserves and shall continue to enjoy the
right to build on and use any and all properties owned by such
Owner located adjacent to the Easements, for any purpose,
including without limitation, for drainage ditches, private
driveways, alleys, walks, gardens, lawns, loading, or parking
areas and other like uses. The covenants set forth in this
subparagraph shall be subject to the covenants and restrictions
set forth in Paragraph 11 herein.
6.3 Each Owner shall have the right to make such
changes in the location of the Easement on the Owner's property
as in such Owner's reasonable opinion may be necessary or
desirable and in the best interest of all persons using such
Easement, including without limitation, reconfiguring driveway
areas and redirecting traffic, provided, however, that no such
change shall interfere with the beneficial use of the Easements
for the purposes herein granted.
7. Signage. Each Owner shall have the right and
privilege at such Owner's sole cost and expense, to construct,
5•
. VOL1 /O2PnGE 6O
vo KE688
erect, repair and maintain any signage on the portion of the
Easement located on such Owner's Tract, as may be permitted by
applicable law, for so long as such signage does not unreasonably
interfere with the use of the Easements by parties permitted
hereunder to use the Easements.
8. Restrictions.
8.1 Neither Owner shall use, place, construct or
operate on any portion of the Easements not located on such
Owner's Tract, any signs, fences, displays, poles, or any other
structures, or any electrical, gas, potable and irrigation water,
sanitary and storm sewer, or any other communication,
transmission, or distribution line, ?facility, or system, whether
such line, facility, or system is above, below, or at ground
level.
8.2 Notwithstanding any provision herein to the
contrary, the Owners further covenant and agree that each Owner
retains, reserves and shall enjoy the right to seek judicial
action to prevent the construction of any building, structures or
other obstructions located or to be located on or adjacent to the
Easements that may endanger or unreasonably interfere with the
safe and efficient use of the private drive.
8.3 Further notwithstanding anything to the
contrary herein, Lifemark, its successors or assigns, in the
exercise of its sole, but reasonable discretion, shall have the
right without notice to temporarily exclude or delay Oakwood, its
successors, assigns, tenants, agents, contractors, employees,
invitees or guests at any time from using the Hospital Easement,
if and when Oakwood, its successors, assigns, tenants, agents,
contractors, employees, invitees or guests materially interferes
with or delays emergency traffic to or from the Hospital's
emergency room on, across or over the Hospital Easement. If use
of the Hospital Easement by Oakwood, its successors, assigns,
tenants, agents, contractors, employees, invitees or guests
materially interferes with or delays emergency traffic to or
from the Hospital's emergency room on, across or over the
Hospital Easement, then, Lifemark, its successors or assigns
shall have the right to relocate or reconfigure the Hospital
Easement on the Hospital Tract, so as to eliminate such material
interference; provided however, the Hospital shall not have the
right to exclude or delay use of the Hospital Easement for more
than three (3) weeks during such relocation or reconfiguration.
Within thirty (30) days following the completion of such
relocation or reconfiguration of the Hospital Easement, Lifemark
shall give Oakwood notice of any and all expenses reasonably
incurred by the Hospital in connection with such relocation or
reconfiguration. Oakwood shall reimburse the Hospital within 30
days after receipt of such notice of its prorata share of the
reasonable costs of relocating or reconfiguring the Hospital
6
VOL1 02PAGE !61
YOL : PHGE
Easement set forth in the notice. "Prorata share" shall mean (a)
if the portion of the Easement relocated. or reconfigured is then
used solely by Lifemark and Oakwood, then, it shall mean "all ";
and (b) if the portion of the Easement relocated or reconfigured
is then used by Lifemark," Oakwood and one or more other entity,
then it shall mean that Oakwood and the other,such entities shall
each bear such costs in equal amounts.
8.4 Lifemark and Oakwood, their successors and
assigns, retain and reserve the right to grant other easements
in, under, on, over and across the portion of the Easements
located on their respective Tracts, whether exclusive or non-
exclusive, provided however, that no such grant shall
unreasonably interfere with the beneficial use of the Easements
granted herein.
8. 5 The Tract A and B Easement is subject to a
declaration of covenants and easements which establishes an
ingress and egress easement between Tracts A and B over and
across the Tract A and B Easement. Lifemark consents to such
declaration of covenants and easement and acknowledges, agrees
and admits that such covenants, restrictions and easement do not
and shall not constitute unreasonable interference or delay with
the beneficial use of the Easements granted herein.
9. Indemnification. Each Owner ( "Indemnitor ") agrees
to indemnify and hold harmless each other Owner ( "Indemnitee ")
from and against any and all losses, costs, claims, demands or
expenses, including without limitation reasonable attorney's
fees, suffered by any person arising from loss, injury, death or
damage to persons or property as a result of any action or
omission on the part of such Indemnitor or such Indemnitor's
contractors, employees, tenants or invitees with respect to any
occurrence on or adjacent to the Easements. This provision is
not intended nor shall it be construed to require either Owner to
indemnify the other Owner for any independent liability of that
other Owner, nor to cause either Owner to be subject to any
liability to any third party (either directly, or as an
indemnitor) in any case where Indemnitor's liability would not
otherwise exist. Instead, this provision shall assure that each
Owner, its successors, assigns, agents, contractors, officers and
employees, will be provided with indemnification for any
vicarious or other indirect liability or claim against the
Indemnitor, Indemnitor's agents, contractors, officers or
employees, resulting from the actions or omissions of Indemnitor,
its officers, agents, contractors or employees.
10. Insurance. Each party shall obtain and maintain
in force during the term of this Agreement liability and property
damage insurance insuring against all liability of such party
arising out of or in connection with the use of the Easements
located on such Owner's Tract with such coverage limits as may
7
•,VOL 1•l O2PAGE 62
VOL' PAGE JO
be reasonable and prudent for such coverage in Williamson County,
Texas. Each party agrees upon request of the other to furnish to
the requesting party a certificate evidencing the fact that such
insurance has been obtained and is in effect. Neither party
shall have any duty or obligation to obtain liability or other
insurance protection for the other party.
11. Covenant to Feel:. Easement Free of Obstructions.
Each Owner of any portion of the Tracts shall be responsible for
ensuring that they and their respective contractors, tenants,
employees, invitees and guests keep that portion of such Owner's
Tract which is burdened by the Easements, and the portion of the
private drive thereon, free and unobstructed at all times for the
use of the other Owner and its successors, assigns, agents,
contractors, employees, tenants, invitees and guests. No Owner
or such Owner's successors or assigns, shall allow any
obstructions to accumulate or exist on the private drive within
the area owned and /or occupied by them. Each Owner and Owner's
successors and assigns shall use best efforts to prevent the
Owner's contractors, tenants, employees, invitees and guests from
causing obstructions to accumulate or exist upon the portion of
the private drive located upon the other Owner's Tract. Each
Owner and such Owner's successors and assigns shall at all times
conduct operations on and with respect to the private drive on
the Easements and the property abutting same in such a manner as
not to create a nuisance or cause detrimental effects to the
private drive.
12. Term.
12.1 The term of the Easements shall commence as
of the time of the recording of this Agreement with the
Williamson County Recorder's office and continue in effect
perpetually thereafter until and unless terminated by a duly
recorded agreement executed by the then holders of the fee simple
interests of the Hospital Property, Tract A and Tract B.
12.2 Notwithstanding anything to the contrary
set forth herein, the Easement herein granted shall
automatically be deemed cancelled, void and of no further force
and effect as to either Tract A or Tract B, whichever is
appropriate, if
(a) such Tract is ever developed or occupied for
any purpose other than the operation of a medical and
professional office building, together with clearly
secondary anciliary medical services approved by the
Director of Planning and Community Development of the
City of Round Rock, in the State of Texas; or
(b) the purposes for which the Easements are
granted cease to exist, are abandoned by the Owners,
8
VOL 1 /O2pAGE /
mirib
their successors and assigns, or become impossible of
performance.
Oakwood and Lifemark, and their successors and assigns, hereby
covenant and agree that the Easements granted herein shall be
limited in duration upon the occurrence or nonoccurrence of any
of the events specified above, and that in the event of the
occurrence of any of the above conditions, this Agreement shall
automatically be deemed cancelled and have no further force or
effect whatsoever, and Lifemark and Oakwood hereby covenant and
agree to that they, their successors or assigns shall each
execute and record an agreement, consistent with the terms
herein, that terminates the Easements.
13. Miscellaneous.
13.1 The Easements established herein and the
covenants running with the land as created hereby are for the
sole benefit of the Tracts, the Owners thereof, and their
respective successors, heirs, assigns, independent contractors,
agents; tenants, employees, invitees and guests. Nothing
contained herein shall be construed to grant any right to the
general public, the City of Round Rock, the County of Williamson,
or any, governmental body or agency to use or enter upon the
Easements, nor shall the Easements granted herein inure to the
benefit of any owner or user of the property or land adjacent to
the Tracts, regardless of whether such adjacent properties may be
incorporated into one of the Tracts.
13.2 All Easements granted herein, including all
terms and provisions contained herein, apply to Tract A, Tract B
and the Hospital Tract and bind each Owner, their respective
successors and assigns. Further, all Easements shall pass with
each conveyance of each Tract and shall be deemed to run with
said land. Each Tract shall be a dominant estate insofar as it
is benefitted by the terms and provisions contained herein;
likewise, each Tract shall be a servient estate insofar as it is
burdened thereby. All Easements granted under this Agreement are
appurtenances to each Tract, and none of the Easements may be
assigned or encumbered except as appurtenances thereto.
13.3 If any Owner, or its successors, assigns,
tenants or sub - tenants, agents, servants, employees, guests or
invitees, violates or threatens to violate any part of this
Agreement, any other Owner, or its respective successors and
assigns, shall have the right to enjoin such violation or
threatened violation in any court of competent jurisdiction and
to recover damages. If any Owner, its successor or assign
brings an action in any court of competent jurisdiction to
enforce any provision of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and all costs,
9
VOL1 /O2PAGE 764
which sums shall be included in any judgment entered in favor of
the prevailing party.
13.4 Except as stated otherwise in this
Agreement, the Agreement or any of its provisions, conditions,
covenants and restrictions may not be modified, extended or
terminated without the consent of all Owners, or their respective
successors or assigns, in writing.
13.5 If any provision, condition, covenant or
other clause, sentence or phrase of this Agreement shall become
null, void or illegal for any reason, or held to be so by any
court of competent jurisdiction, the remaining portions shall
remain in full force' and effect.
13.6 Each Owner, their respective successors and
assigns, shall have the right to promulgate, post and enforce
against the other Owners and their respective successors,
assigns, tenants, employees, invitees and guests reasonable rules
and regulations regulating traffic movement and parking over such
Owner's respective property; provided, however, that any and all
such rules or regulations shall not unreasonably interfere with
the other Owner's beneficial use and enjoyment of the Easements
or of their respective Tracts. Each Owner shall supply the other
Owner with written copies of all such applicable rules and
regulations and shall provide the other Owners with at least ten
(10) days prior written notice of any amendments to such rules
and regulations.
13.7 Paragraph numbers and headings used in this
Agreement are for convenience only and not to be interpreted as
adding to, limiting or otherwise modifying the meaning of this
Agreement or the intent of the parties hereto.
13.8 This Agreement shall be construed according
to the laws of the State of Texas.
13.9 This Agreement may be executed and recorded
in counterparts or through use of counterpart signature and
acknowledgement pages.
10
this
11
voL 17.02 PAC t 765
VOL pia, 3"
IN WITNESS WHEREOF, this instrument is executed as of
day of �/, p , 1988.
620 OARWOOD JOINT VENTURE,
a Texas joint ventu
Ah
By
ij
a —
eve Cranford
General Partner
By c h W' lams _igg
Richard illiams
Ge eral Partner
LIFEMARR HOSPITALS, INC., a
Delaware cor•.ration
The undersigned, lienholder on the Hospital Tract,
hereby join in the execution of this Reciprocal
Agreement for the purpose of consenting to the eas
granted and the terms, conditions and
herein. The undersigned does also hereby
to this Reciprocal Easement Agreement,
granted and the covenants, condition
herein.
nd
es
sement
is herein
cov -nts contained
s •o rdinate its liens
the easements herein
restrictions set forth
By
Name:
Title:
VOL1302,PAGE
I PAGE
CONSENT BY LIENHOLDER
The undersigned, lienholder on Tract A and Tract B, does
hereby join in the execution of this Reciprocal Easement
Agreement for the purpose of consenting to the easements herein
granted and the terms, conditions and covenants contained
herein. The undersigned does also hereby subordinate its liens
to this Reciprocal Easement Agreement, and the easements herein
granted and the covenants, conditions and restrictions set forth
herein.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
This instrument was acknowledged before me on
, 1988 by David 0. Gillory, III, general partner
of 620 Oakwood Joint Venture, a Texas joint venture, on behalf of
said joint venture.
12
Nota s Public in an
the ate of Texas
Printed name
My Commission Expires:
l a9- 9/
AUSe(�
THE STATE OF TEXAS
COUNTY OF TRAVIS
said joint venture.
•
v
THE STATE.OF TEXAS
COUNTY OF TRAVIS
13
VOL 1l02PMGE 767
This instrument was acknowledged before me on
� - / 1988 by Steve Cranford Wilson, General Partner
of 620 Oakwood Joint Venture, a Texas joint venture, on behalf of
e 2 ff/ - ,
No a4ublic in and or
the State of Te as
•
Printed Name 4
My Commission Expires:
/1-a9-
9/
This instrument was acknowledged before me on
- /5 -- 1988 by Gary Richard Williams, General Partner
of 620 Oakwood Joint Venture, a Texas joint venture, on behalf of
said joint venture.
Notary/Public in a d for
the State of Texas
Printed Name )4q in i ou JUG' / 5/
My Commission Expires:
/ 9- 9/
VO 702PAGE 768
JOL 1 PA CE
THE STATE OF LAL/`O,Qid §
5
COUNTY OF APS 4 §
This instrument was acknowledged befor me on JOVE
1988 by JeFp2 I). 7'!
/ fN/77050A/ , !//GCE Re5A7716nvr of
Lifemark Hospitals, Inc., a Delaware corporation, on behalf of
said corporation.
: ••MN•N•NNNN•N•
2 L : Cfl ML/tAL
2 , o- MARY IL YUMNBE
Warr IVOSoMONomM
My Comm. Exp. 23, 1989
14
Notary
the Sta
Printed
Ali
blic i and for
e of 6.4L /60PWY4
name
My Commission Expires:
f .a ,23, /9'7
MAO
Exhibit A: Description of Tract A
Exhibit B: Description of Hospital Tract
Exhibit C: Metes and bounds description of Easement on
Hospital Tract
Exhibit 0: Metes and bounds description of Easement on Tract
A and Tract B
Exhibit E: Map of the Hospital Tract, Tract A and Tract B,
with the easements marked
F: \emsinlsi \10800 \0004 \easement nwl 15
[Rev 05/23/88. CS)
vo
VOL MpAGE 69
PAGE
VOLT LO2P, �E 0
VOL
"
Exhibit A
FIELD NOTE DESCRIPTION OF
A 3.000 -ACRE TRACT OF LAND BEING OUT OF AND PART OF
LOT 20, BLOCK K, THE OAKLANDS, SECTION TWO AS
RECORDED IN CABINET I, SLIDES 308 -309, PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 3.000 ACRES BEING
ALSO ALL OF LOT 21 AND LOT 23 OF THE PROPOSED
AMENDED PLAT OF THE OAKLANDS, SECTION TWO REVISED
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a point in the north right -of -way line of Ranch to
Market Road No. 620 (F.M. 620), being the southeast corner of a tract of land
conveyed to Lifemark Hospital Inc. by instrument in Volume 871, Page 888,
Official Records of Williamson County, Texas, and a point in the west line of a
remainder portion of a 47.83 -acre tract of land (called the First Tract) as
recorded in Volume 717, Page 403 of said Official Records;
THENCE, with the aforementioned north right -of -way line,
N67 44'25 "E a distance of 425.74 feet to a point of curvature of a right -of -way
return, said curve being a curve to the left;
THENCE, with said curve to the left having a radius of 30.00 feet,
a central angle of 86 04'25 ", a long chord of 40.95 feet (chord bears
N24 42'13 "E) an arc length of 45.07 feet to a point of tangency on the west
right -of -way line of Oakwood Boulevard as dedicated per the original Oaklands,
Section Two, plat;
THENCE, with said west right -of -way line the following two (2)
courses and distances:
1) N18 20'00 "W at a distance of 264.64 feet passing
the southeast corner of Lot 21 (Proposed Lot 22 of
said Proposed Amended Plat) of said Oaklands,
Section Two, for a total distance of 338.85 feet to
a point of curvature of a curve to the right;
2) With said curve to the right having a radius of
799.34 feet, a central angle of 25 34'51 ", a short
chord of 353.92 feet (short chord bears
N05 32'35 "W) an arc length of 356.88 feet to an
iron rod found for a point on curve, same being the
northeast corner of the aforementioned Lot 21
(Proposed Lot 22) and the southeast corner of said
Lot 20 (Proposed Lot 21) for the southeast corner
and the POINT OF BEGINNING hereof;
THENCE, leaving the aforementioned right -of -way line with the
north line of said Lot 21 (Proposed Lot 22), same being the south line hereof,
S71 12'05 "W for a distance of 537.19 feet to an iron rod found on the east line
of said Lifemark Hospital tract, same being the northwest corner of said Lot 21
Proposed Lot 22) and southwest corner hereof;
THENCE, with the east line of said Lifemark Hospital tract, same
being the west line of said Lot 20 (proposed Lot 21) the following two (2)
courses and distances:
1) N18 47'55 "W for a distance of 44.92 feet to an iron
rod found for an angle point hereof;
2) N18 39'35 "W for a distance of 171.63 feet to an iron
rod set for the southwest corner of the proposed Lot
20 and the northwest corner hereof;
THENCE, with the south line of the Proposed Lot 20, same being the
north line of proposed Lot 21 and proposed Lot 23, N71 12'05 "E for a distance of
678.59 feet to an iron rod found in the aforementioned west right - of - way line of
Oakwood Boulevard for the southeast corner of proposed Lot 20, same being the
northeast corner of proposed Lot 23;
Page 1 of 2
THENCE, with said west right -of -way line, same being the east line
hereof the following two (2) courses and distances:
1) S16 57'26 "W for a distance of 123.78 feet to an iron
rod found for a point of curvature of a curve to the
left;
2) With said curve to the left having a radius of
799.34 feet, a central angle of 09 42'37 ", a short
chord of 135.31 feet (short chord bears
S12 06'09 "W) for an arc length of 135.47 feet to
the POINT OF BEGINNING containing 3.000 acres
(130,680 sq. ft.) of land area.
As Surveyed By:
eci Ja C s lm Da
Registe blic Surveyor No. 4295
CJC:ek $'2 •
July 24, 1987
Job No. 352 -01- 001 -202
Revised 02/11/88
Page 2 of 2
VOL11102Pac
VOL
71
VdL1 02PACE l l2 ,
i•. • F1E19 NOTES OF 15.000 ACRES •
,FIELD NOTES describing a 15.000 acre tract or parcel of land out of the
Jacob H. Harrell Survey, Abstract•No.'284, situated in Williamson County,
Texas, being a portion of the remainder of that certain 131.71 acre "North
Tract', conveyed to A. H. Robinson; Jr.; etal, by deed recorded in Volume
413, Page 626, of the Deed Records of said County, and being more particu-
larly described by metes and bounds as follows:
BEGINNING at an iron pin set in the North fenced right -of -way line of R.M.
620, a 120.00 foot wide right -of -way, being a point in the West line of a
47.83 acre 'First Tract', conveyed to Austin White time Company, by 'deed
recorded in Volume 428, Page 516, of said Deed Records, for the Southeast
corner and POINT OF BEGINNING of the hereinafter described 15.000 acres;
THENCE along said fenced North right -of -way line, for the South line hereof,
the following two (2) courses:
1) S67'43'35 "W, 587.01 feet to a concrete highway monument found, for a
Point of Curvature hereof;
2) along the arc of a curve to the left having elements of delta •
01'30'51', radius • 2351.83 feet, arc • 62.15 feet, tangent • 31.08 feet,
chord bearing and chord • 566'58'10 "W, 62.15 feet to an iron pin set, for
the Southwest corner hereof;
THENCE along the West line hereof, N22'19'W, 963.08 feet to an iron pin set,
for the Northwest corner hereof;
THENCE along the North line. hereof, N67'40'E, 708.66 feet to an iron pin set
in the fenced West line of a 150.00 acre tract of land conveyed to Janet
. Johnson Bartholomew, etal, by deed recorded in Volume 656, Page 514, of said
Deed Records, for the Northeast corner hereof;
THENCE along the fenced West line of said 150.00 acres, for an East line
hereof, the following three (3) courses:
1) S18'39'35'E, 181.16 feet to an iron pin set, for an angle point hereof;
2) 518'47'55'E,- 238.69 feet to an iron pin set, for an angle point hereof;
3) 5113'51'15 "E, 260.70 feet to an iron pin set at a fence corner post,
being the Southwest corner of said 150.00 acres, and the Northwest corner of
said 47.R3 =:.c - First Tract ", for an angle point hereof;
•
THENCE along the West line of said 47.83 acre - First Tract', for an East
line hereof, 518'46'30 "E, 284.26 feet to the POINT OF BEGINNING of the here-
in described tract of land containing 15.000 acres of land more or less.
I, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify that
these field notes and attached plat accurately represent the results of an
on- the - ground survey made under my direction and supervision on the 18th day
of February, 1982. All corners located are as shown. There aro no en-
croachments, conflicts or protrusions apparent on the ground except as
shown.
Date
: ibit i,
13
HAYNIE & KALLMAN, IN;.
5,6„
Steven D. Kallman,
Registered Public Surveyor No. 3337
voL1 E773
FOR A TWENTY -SIX (26) FOOT -WIDE STRIP OF LAND,
BEING OUT OF AND A PART OF LOT 20 OF THE OAKLANDS
SECTION TWO REVISED, AS RECORDED IN PLAT CABINET I,
SLIDES 308 -309 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, THE CENTERLINE OF SAID 26.00 -FOOT
STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE at an iron rod found on the southwest
corner of said Lot 20 of the above - mentioned subdivision, also being the
northwest corner of Lot 21 of said subdivision, said corner also being in the
east boundary line of a 15.00 -acre tract of land conveyed to Lifemark
Hospitals, Inc., a Delaware corporation, by instrument recorded in Volume 871,
Page 888 of the Official Records of Williamson County, Texas,''thence with the
common boundary line of said Lot 20 and said 15.00 -acre tract, N18 ° 47'55 "W for
a distance of 36.00 feet to the POINT OF BEGINNING;
THENCE, departing said common boundary line with the centerline
of said 26- foot -wide ingress- egrless easement through the interior of said Lot
20 the following five (5) courses and distances:
1) N71 ° 12'05 "E for a distance of 174.83 feet to a
point;
2) N63 °12'05 "E for a distance of 201.19 feet to a
point;
3) N71 °12'05 "E for a distance of 53.23 feet to a
point;
4) N79 ° 12'05 "E for a distance of 86.15 feet to a
point;
5) S80 °18'56 "E for a distance of 45.69 feet to a
point in the east boundary line of said Lot 20
and being the POINT OF TERMINATION hereof and
from which an iron rod found on the southeast
corner of said Lot 20 bears 508 ° 27'57 "W a
distance of 34.00 feet;
• Cr':t4' LE.•Jd
As Surveyed fi� "' f1 r 1! CFt6?l
Ceci Jack hisholm - Date , ;may p' yr
Registered is Surveyor No. 4295 •;
BAKER -AICK & ASSOCIATES, INC. ,.
Consulting ngineers
9111 Jollyville Road, Suite 107
Austin, Texas 78759
Phone: (512) 346 -6980
CJC:ek
Oct. 23, 1987
Revised Feb. 10, 1988
Revised May 26, 1988
Project No. 352 -01 -001 -203
FIELD NOTES
Exhibit C
INGRESS /EGRESS EASEMENT
CECIL IACI(SON CHISHOLM
., v.
wiLED OR RECORD X .
N 2 PIA 4: IA
•
ntrzi
cram V
She e TEXAS that this -COUNTY Inst u WILLIA was
on the date r at the time stamped
by me; and was s and EC t
d Page of the names CORDS of
County, Texas, as stamper ere
STATE OF T. AS COUNTY OF WILLIAMSON
I hereby certi that this Instrument was FILED
on,the date a at the time stamped hereon
by me; and was r ly RECORDED in t
and Page of the na ed RECORD Williamson
County Texas, as ereon by me on
'N 4 1 988
s
SON
LED
ereon
ofume
illiamson
by me, on
TY CLERK'
LLIAMSON COUNTY, TEXAS
WIr Ll utu /N r,uurri r, I EXAS
rt2t
JUN 2 4
CO
BEGINNING at a point in the north right -of -way line of R.M.
620 (120 -foot right -of -way), being a point in the west line of the remainder
of a 47.83 -acre (First Tract) as conveyed to Austin White Lime Company in
Volume 717, Page 403 of the Official Records of Williamson County, Texas, said
point being the southeast corner of said 15.00 -acre tract of land as mentioned
above;
THENCE, with the north right -of -way line of R.M. 620,
S67 °43'35 "W for a distance of 48.40 feet to an angle point;
THENCE, departigg said right -of -way line and through the
interior of said 15.00 -acre tract the following two (2) courses and distances:
1) N18 ° 57'15 "W for a distance of 790.67 feet
to an angle point;
2) N71 ° 12'05 "E for a distance of 50.33 feet to
a point being in the west boundary line of
Lot 20, THE OAKLANDS SECTION TWO REVISED,
as recorded in Plat Cabinet I, Slide 308-
309 of the Plat Records of Williamson
County, Texas, said point also being in the
east boundary line of said 15.00 -acre tract
of land;
THENCE, with the common boundary line of said Lot 20 and said
15.00 -acre tract, S18 °39'35 "E for a distance of 4.08 feet to an angle point;
THENCE, continuing with the common boundary line of said Lot
20 and said 15 -acre tract, S18 ° 47'55 "E at a distance of 44.92 feet, pass a
point being the southwest corner of said Lot 20 and the northwest corner of
Lot 21 of the above - mentioned subdivision, continue on said course for a total
distance of 238.69 feet to an angle point;
THENCE, continuing with the common boundary line of said Lot
21 and said 15 -acre tract, 518 ° 51'15 "E at a distance of 221.23 feet pass a
point also being the southwest corner of said Lot 21 and the northwest corner
of said 47.83 -acre remnant tract, continue on said course with common boundary
line of said 15.00 -acre tract and said 47.83 -acre remnant tract for a total
distance of 260.70 feet to an angle point;
THENCE, continue with common boundary line of said 47.83 -acre
remnant tract and said 15 -acre tract, S18 ° 46'30 "E for a distance of 284.26
feet to the POINT OF BEGINNING, containing 38,958 square feet (0.8943 acre) of
land.
Description prepared by:
BAKER - AICKLEN & ASSOCIATES, INC.
Consulting Engineers
9111 Jollyville Road, Suite 107
Austin, Texas 78759
Phone: (512) 346 -6980
CJC:ek
Oct. 29, 1987
Revised 05/26/88
Job No. 352 -01- 001 -203
DESCRIPTION
FOR A 38,958- SQUARE -FOOT (0.8943 -ACRE) TRACT
OF LAND SITUATED IN THE JACOB M. HARRELL
SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY,
AND BEING PART OF A 15.00 -ACRE TRACT OF LAND
AS CONVEYED TO LIFEMARK HOSPITALS, INC., A
DELAWARE CORPORATION, IN VOLUME 871, PAGE 888
OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID, 38,958- SQUARE -FOOT TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Exhibit D
VOL
INGRESS /EGRESS EASEMENT
DRAWN 16
APPOOVu dug
D(UQLO'
WTI ocr /967
CAM 0 C JC ,
OC.“ /° . /00'
Li W
( BAKER- AICKLEN
i ASSOCIATES, INC.
Consulting Engin••ra
7 1.101_1 r,O2PA4E I 6 -.
SKETCH TO ACCOMPANY DESCRIPTION
N 71°12'05"E 0.33
50.33
S 67° 43' 35" W�
48.40'
SCALE
1" =100
co
co
N
Pos.
R. M. 620
{120' R.O.W
REVISED 5 -26 -88
Exhibit E
Pnvrv$E :C
LOT 21
I X 518 ° 39'35 "E, 4.08'
I
AT 11.9 t'
LOT 20
, LOT 21
L OT 22
AUSTIN WHITE LIME COMPANY
4783 ACRES
VOL. 717 PG 403
Page 1 of 2
( REMAINDER TRACT)
PREPARED BY.
JOB No. 352 - I - 001 - 203
vo
PROPOSED c
OT 23
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VOL1. PAGE
SKETCH TO ACCOMPANY
DESCR /PT/ON
°ROPOSED PROPCSE�
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LINE
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N18 ° 47'55 "w
3600'
LEGEND
• IRON ROD FOUND
o LOT CORNER
R. M. 620
(120' R O. w.)
REVISED 5 -26 -88
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Page 2 of 2
PREPARED BY'
VOL1 O2PAGE 7/. ! .
8
JOB No. 352 -I - 001 - 203
VGL1675 7O4
FfLS FOR RE
e. 9 1111
CZ
N rf
rr
STATE OF TEXAS COUNTY OF ILLIAMSON
! hereby cert! that this Instrum t was FILED
on the date an akthe time ampad hereon
me and v..as duly RECORDF t in the volume
r rr ^r lee namen' ' "i' 'i` WiHJamsan
JUI,J z 198B
STATE e ,TEXAS COUNTY OF W IJ. I M S O N
I hereby Oily that this insrrygm� f a hereon
on the dal and at the ti �, stam
a Page of the aUmed ORDS Volume t W i lliam on
County, Texas, as to p•d hereon by me. on
.1U : 4 1SEl3
CLERK
ILLIAMSON COUR
}
SEP 6 1988
tidC
COUNT C
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
rl uLLrf91i.v * vs/L/1111, I[Ar0
TEXAS
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this Instrument was FILED
\� by me; and was as d ly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, texas, as stamped hereon by me, on
ORDINANCE NO. /V AO
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, ADOPTED IN CHAPTER 11,
SECTION 3.E.(2), CODE OF ORDINANCES, CITY OF ROUND
ROCK, TEXAS AND MAKING THIS AMENDMENT A PART OF THE
SAID OFFICIAL ZONING MAP, TO -WIT: TO CHANGE 3.0
ACRES, MORE OR LESS, OUT OF THE Jacob M. Harrell
SURVEY, WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED BELOW FROM MF (Multi- Family Residential)
TO P.U.D. (Planned Unit Development)
WHEREAS, an application has been made to the City Coun-
cil of the City of Round Rock, Texas to amend the Official
Zoning Map to change the zoning classification of the proper-
ty described in Exhibit "A" from MF (Multi - Family Residential)
to P.U.D. (Planned Unit Development)
WHEREAS, the City Council has submitted the requested
change in the Official Zoning Map to the Planning and Zoning
Commission for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a
public hearing concerning the requested change on the 20th
day of August , 1987 , following lawful publication of
the notice of said public hearing, and
WHEREAS, after considering the public testimony received
at such hearing, the Planning and Zoning Commission has
recommended that the Official Zoning Map be amended so that
the zoning classification of the above described property be
changed from MF (Multi- Family Residential)
to P.U.D. (Planned Unit Development) , and
WHEREAS, on the 27th day of A gust , R7 , after
proper notification, the City Council held a public hearing
on the requested change, and
WHEREAS, the City Council has determined that sub-
stantial changes in conditions have occurred which justify
the zoning classification change provided for herein, and
WHEREAS, the City Council determines that the zoning
classification change provided for herein promotes the
health, safety, morals and protects and preserves the general
welfare of the community, and
WHEREAS, the applicant has agreed to enter into an agreement
outlining Planned Unit Development to be placed on the land, and
WHEREAS, each and every requirement set forth in Art.
1011a -f V.A.T.S. and Chapter 11, Section 3, Code of Ordinances,
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 COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
day of
ATTEST:
Development)
J1 NNE LAND, City Secretary
I.
That the Official Zoning Map adopted in Chapter 11, Section
3.E.(2), Code of Ordinances, City of Round Rock, Texas is hereby
amended so that the zoning classification of the property described
in Exhibit "A" attached hereto and incorporated herein is hereby
changed from MF (Multi - Family Residential)
and shall be, and hereafter designated as P.U.D. (Planned Unit
and, that the Mayor be authorized to enter into the PUD agreement
attached hereto as exhibit "b ".
(Mark through the following alternative that is not applicable)
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
Alternative 2.
READ and APPROVED on first reading this the day
of
READ, APPROVED and ADOPTED on second reading this the
7/AA R
MIKE ROBINSON, Mayor
City of Round Rock, Texas
EXHIBIT A
TO P.U.U. AGREEMENT
FIELD NOTE DESCRIPTION OF
A 3.0 -ACRE TRACT OF LAND BEING OUT OF AND PART OF
LOT 20, BLOCK K, THE OAKLANDS, SECTION TWO AS
RECORDED IN CABINET I, SLIDES 308 -309, PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 3.0 ACRES ALSO
KNOWN AS PROPOSED LOT 21 OF THE PROPOSED AMENDED
PLAT OF THE OAKLANDS REVISED, SECTION TWO AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING FOR REFERENCE at a point in the north right -of -way line
of Ranch to Market Road No. 620 (F.M. 620), being the southeast corner of a
tract of land conveyed to Lifemark Hospital Inc. by instrument in Volume 871,
Page 888, Deed Records of Williamson County, Texas, and a point in the west line
of a remainder tract out of and part of a 47.83 -acre tract of land (called the
first tract) as recorded in Volume 717, Page 403 of said Deed Records;
THENCE, with the aforementioned north right -of -way line,
N67-44'25 "E for a distance of 425.74 feet to a point of curvature of a
right -of -way return, said curve being a curve to the left;
THENCE, with said curve to the left having a radius of 30.00 feet,
a central angle of 86=04'25 ", a long chord of 40.95 feet (chord bears
N24 ° - 42'13 "E) for an'arc length of 45.07 feet to a point of tangency on the west
right -of -way line of Oakwood Boulevard as dedicated per the original Oaklands,
Section Two, plat;
THENCE, with said west right -of -way line the following two (2)
courses and distances:
1), N18=20'00 "W at a distance of 264.64 feet passing
- the southeast corner of Lot 21 (Proposed Lot 22 of
said Proposed Amended Plat) of said Oaklands,
Section Two, for a total distance of 338.85 feet to
a point of curvature of a curve to the right;
2) With said curve to the right having a radius of
799.34 feet, a central angle of 25 ", a short
chord of 353.92 feet (short chord bears
N05 "W) for an arc length of 356.88 feet to an
iron rod found for a point on curve, same being the
northeast corner of the aforementioned Lot 21
(Proposed Lot 22) and the southeast corner of said
Lot 20 (Proposed Lot 21) for the southeast corner
and the POINT OF BEGINNING hereof;
THENCE, leaving the aforementioned right -of -way line with the
north line of said Lot 21 (Proposed Lot 22), same being the south line hereof,
S71 ° - 12'05 "W for a distance of 537.19 feet to an iron rod found in the east line
of said Lifemark Hospital tract, same being the northwest corner of said Lot 21
Proposed Lot 22) and southwest corner hereof;
THENCE, with the east line of said Lifemark Hospital tract, same
being the west line of said Lot 20 the following two (2) courses and distances:
1) NIB ° 47'55 "W for a distance of 44.92 feet to an iron
rod found for an angle point hereof;
2) N18 ° 39'35 "W for a distance of 171.63 feet to an iron
rod set for the southwest corner of the proposed Lot
20 and the northwest corner hereof;
THENCE, with the south line of the Proposed Lot 20, same being the
north line hereof, N71- 12'05 "E for a distance of 678.59 feet to an iron rod set
in the aforementioned west right -of -way line of Oakwood Boulevard for the
southeast corner of Proposed Lot 20, same being the northeast corner hereof;
THENCE, with said west right -of -way line, same being the east line
hereof the following two (2) courses and distances:
1) S16 ° 57'26 "W for a distance of 123.78 feet to an iron
set for a point of curvature of a curve to the left;
2) With said curve to the left having a radius of
799.34 feet, a central angle of 09. 42'37 ", a short
chord of 135.31 feet (short chord bears
S12 ° - 06'08 "W) for an arc length of 135.47 feet to
the POINT OF BEGINNING containing 3.0 acres
(130,680 sq. ft.) of land area.
As Surveyed By:
CJC.
July 24, 1987
Job No..352 -01- 001 -202
OUTSIDE
CITY
•
AKRON
131.71 AC,
7 p ;
0
CI
GENERAL
- y ��ARK
HOSPITAL N0.
WI PRIM
SCALE: 1 ° 3 200'
THE OAKLANDS SECT /ON TWO
N.S. 111.F.1
K
CBOT AC.
0
R.M. 620 1 120 ROM.)
EXHIBIT
PROPOSED
THE OAKLANDS
SECTION 4
•
A
tTIDf 0 ,,
,J �' t om,
P.U.D. No. I
UNISPEC DEVELOPMENT CORR
4.676 AC.
0AK
•
46624•
AUSTIN WHITE LIME
REY 4263 AC 1ST. TRACT
VOL.717 10.403
PA
K
OR.
AUSTIN WHITE LIME
REH.47R3 AC. I ST. TRACT
VOL71T P0.404
P.U.D. REQUEST SKETCH
PROPOSED
THE OAKLANDS
SECTION 36
LEGEND
PROPOSED •
THE OAKLANDS
SECTION SA
PROPERTY OWNER
IDENTIFIER NUMBER
-- -200 FOOT RADIUS LIMIT:
OWNER: McLESTER, GRISHAM GARDNER, INC.
ACERAGE: 3.000 Ac.
SURVEY: JACOB M. HARRELL SURVEY
ABSTRACT No. 284
DATE OF APPLICATION: AUG. 1987
No. OF LOTS: ONE
No. OF BLOCKS: ONE
BAKER- AICKLEN
I ASSOCIATES, INC.
Consulting Engineers,
11n 0011.101131 0011
SUIT/ 101
AUSTIN 7111
I 341•//01
DEVELOPMENT PLAN FOR P.U.D. #3
This agreement made the 16th day of June, 1988, between the City
of Round Rock, Texas, having its offices at 221 East Main Street,
Round Rock, Texas, (hereinafter called the "City "), and the 620
Oakwood Joint Venture, a Texas joint venture, having its offices at
3624 North Hills, C -201, Austin,' Texas, (hereinafter called the
"Developer ").
WHEREAS Developer has requested a Planned Unit Development from
the City for the' construction of two (2) medical and professional
office buildings on a tract of land located within the incorporated
limits of the City of Round Rock and more fully described as follows:
A 3.0 -Acre tract of land being out of and part of Lot 20,
Block K, The Oaklands, Section Two as recorded in Cabinet
I, Slides 308 -309, Plat Records of Williamson County,
Texas, said 3.0 acres also known as proposed Lot 21 and 23
of the proposed amended plat of The Oaklands revised,
Section Two and being more particularly described by metes
and bounds in Exhibit "A" attached hereto and made a part
hereof.
AND WHEREAS the Developer, in accordance with Chapter 11,
C21PUD #4620
Section 3, Code of Ordinances, City of Round Rock, Texas, is required
to submit a Development Plan to the City containing certain terms and
conditions for the use and development of the Property;
• AND WHEREAS the City Council has reviewed the proposed
Development 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 BY THIS AGREEMENT WITNESSETH that in consideration
of the premises and the conditions and covenants hereinafter set
forth, the City and the Developer covenant and agree as follows:
1. LIENHOLDER CONSENT: That Developer is the sole holder of
fee simple title to the Property and that he has obtained the written
consent to the re- zoning of the Property from MF (Multi - Family) to a
Planned Unit Development from all lien holders, legal or equitable,
of the property. Said written consent is attached as Exhibit "B ", and
hereby made a part of this Plan.
2. DEVELOPMENT AND USES: The Property shall be developed for
the 'following purposes only; a development consisting of two (2)
medical and professional office buildings not to exceed a maximum of
three (3) floors (covered parking shall be calculated as a floor),
which shall conform to the attached site plans labeled as Exhibit
"C ", and Reciprocal Use Agreements for parking, ingress and egress
and drainage facilities as shown on Exhibit "D ". Exhibits "B ", "C ",
and "D" are hereby incorporated into and made a part of this Plan.
2.
3. GENERAL COMPLIANCE: The developer shall comply with all the
requirements and restrictions depicted in this Plan, and in Exhibits
"B ", "C" and "D ". Unless specifically waived by this Development
Plan or the Planned Unit Development Ordinance of the City of Round
Rock, the developer shall also comply with all other applicable
ordinances of the City of Round Rock.
4. CHANGES TO THE DEVELOPMENT PLAN: After this Development
Plan has been accepted and approved by the City Council, any
substantial alterations shall be re- submitted for consideration to
the City Council following the same procedure required in the
original adoption of this Plan. Any minor alterations to the
Development Plan which do not substantially change the concept of the
Planned Unit Development may be approved by the Director of Planning.
5. LAND USE AND BUILDING TYPES: No building shall be erected,
altered or permitted on any lot for a use other than medical or
professional office buildings. Clearly secondary, ancillary medical
services may also be approved by the Director of Planning and
Community development for the City of Round Rock. All exterior
building materials shall be stone or brick or like material. The
following materials shall specifically be prohibited as primary
exterior materials: concrete block specifically referring to standard
grey C.M.U., rough sawn cedar or other unfinished wood products,
metal wall panels, reflective glass, stucco and pressed fiber wall
board.
6. PARKING: Only off - street parking in paved and curbed
parking areas will be permitted. No additional parking spaces or
drives beyond those called for in this Plan and Exhibits "C" and "D"
shall be allowed.
7. LANDSCAPING: The developer agrees to be responsible for the
installation of landscape improvements and sprinkler systems in the
areas designated for landscaping as described in Exhibit "C '. All
landscaping and irrigation installed by the Developer shall be
substantially complete before a certificate of occupancy can be
issued on the first building to be constructed in the PUD.
8. PROHIBITED USES: No use will be permitted' which would
create any dangerous, injurious, noxious or otherwise objectionable
noise, glare, smoke, dust, heat or other forms of air pollution,
liquid or solid refuse or waste, or other substance or condition as
to affect any use within the vicinity.
9. TEMPORARY STRUCTURES OR EMPLACEMENTS: No structure or
emplacement of a temporary character, mobile home, trailer, derelict,
junk or racing motor vehicle, or any motor vehicles without a current
license tag, or any tent, shack, barn or other outbuilding shall be
erected, placed, driven onto, altered or permitted to remain on any
lot at any time, either temporarily or permanently. No unenclosed
outdoor storage or separate storage building shall be permitted. Each
and every lot of the subdivision is intended solely for the erection
of an office building. This provision shall not apply to vehicles,
equipment or temporary structures utilized by Developer, or his
successors or assigns, or contractors or subcontractors when engaged
in construction or repair work, or such work as may reasonably be
necessary for the completion of the subdivision as a professional
office development, and the disposition of lots by sale, lease or
otherwise.
" 10. EXTERIOR LIGHTING: No high level or high intensity
lighting, including high pressure sodium fixtures, shall be allowed.
11. MECHANICAL AND ELECTRICAL EQUIPMENT AND UTILITIES: All
mechanical equipment such as air conditioners and all electrical
equipment such as transformer pads and junction boxes shall be
screened from view. All on -site electrical distribution or
television cable, if any, from existing overhead power lines to the
building service panels shall be underground.
3.
12. Access Easement: The developer has obtained an access
easement from the Round Rock Community Hospital which is acceptable
to the City of Round Rock and has access from the West boundary of
the development to Highway RR 620, prior to the issuance of any
building permit on the subject parcel.
13. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or
maintained as a dumping ground for rubbish, trash, garbage or other
waste and the same shall not be kept, except in sanitary containers.
Equipment for the storage or disposal of garbage shall be kept in a
clean and sanitary condition and screened as provided on the attached
site plan. Removal of trash by commercial refuse trucks shall be
performed during daylight hours.
14. MAINTENANCE: The Developer will be responsible for the
maintenance of the land, improvements and landscaping. Maintenance
requirements include: prompt removal of all litter, trash and waste;
maintaining garbage receptacle and its related screening; lawn
mowing, tree and plant trimming; watering of landscaped areas;
maintaining all landscaping and irrigation on all lots; weed control;
maintaining detention ponds and associated drainage facilities;
maintaining postal boxes to United States Postal Service Standards;
maintaining exterior lighting and mechanical facilities; keeping
parking areas, entry sign, walks, fencing, driveways and roads clean
and in good repair; and striping of all parking and driveway areas.
15. FIRE HYDRANTS: The developer shall provide a minimum of
five fire hydrants for the development located to the satisfaction of
the fire marshal'. Fire hydrants shall generally be spaced no more
than three hundred (300) feet apart.
16. WATER MAINS: The Developer shall provide two -way feed
looped water mains for fire protection.
17. DRIVEWAYS: The Developer shall assure that all driveways
shall maintain a minimum clear width of twenty feet and a minimum
vertical clearance of fourteen feet. Further, the developer shall
provide a minimum turning radius on all internal driveways of a
twenty -five foot inner radius and a fifty foot outer radius.
4 .
18. DRAINAGE PLANS: The developer shall submit detailed
drainage plans to Director of Public Works prior to the issuance of
any building permit for the development.
, 19. PHASING OF DEVELOPMENT: All developer - installed improve-
ments shall be made prior to the issuance of a certificate of
occupancy on any building.
20. REPRESENTATION: It is understood and agreed that the City
has made no representations, covenants, warranties, guarantees,
promises or agreements (verbal or otherwise) with the Developer other
than those in this contract.
21. RECORDATION: This Agreement shall be construed as running
with the land and shall be recorded in the Williamson County Court
House pursuant to the provisions of the City Planned Unit Development
ordinance.
22. INTERPRETATION: Whenever the singular or masculine is used
herein, the same shall be construed as meaning the plural, feminine
or body corporate or politic where the context or the parties so
require.
23. AMENDMENT: The terms of this agreement may be altered only
in accordance with Section 4 of this Plan.
24. INCORPORATION: Exhibits A, B, C and D hereinbefore referred
to are hereby incorporated into and made a part of this agreement.
25. LEGAL AND REGISTRATION FEES: The developer agrees to pay
all of the legal and recording costs incurred by the City in the
preparation and recording of this contract.
26. BINDING: This Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
5 .
IN WITNESS WHEREOF the said parties to this Agreement lave
hereunto set their hands and seals this day of , 19
STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF WILLIAMSON
DEVELOPER
620 OAKWOOD JOINT VENTURE
By: ✓-i >%1
CITY OF ROUND ROCK, TEXAS
By:
cc��
" i ' s�� �instrument was acknowledged before me on this ` day
of , 1988, by l�i\\tCum S.S \1\ , on behalf of
' 620 Oa wood Joint Venture, a Texas joint venture..
a ,
,:
1. r ' ` ` Notary Public, State of Terms
,, rx Printed Name: lxc.\jo`c \. SUP,.
•` ` My commission expires: f I
';/I I I I •.
STATE OF TEXAS
•
•
•
•
•
6.
Mike Robinson, Mayor
This instrument was acknowledged before me on this day
of , 1988,'by Mike Robinson, Mayor of the City of
Round Rock.
Notary Public, State of Texas
Printed Name:
My commission expires:
'a�:7s+ra:5
FIELD NOTE DESCRIPTION OF
EXHIBIT A
A 3.000 -ACRE TRACT OF LAND BEING OUT OF AND PART OF
LOT 20, BLOCK K, THE OAKLANDS, SECTION TWO AS
RECORDED IN CABINET I, SLIDES 308 -309, PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 3.000 ACRES BEING
ALSO ALL OF LOT 21 AND LOT 23 OF THE PROPOSED
AMENDED PLAT OF THE OAKLANDS, SECTION TWO REVISED
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a point in the north right -of -way line of Ranch to
Market Road No. 620 (F.M. 620), being the southeast corner of a tract of land
conveyed to Lifemark Hospital Inc. by instrument in Volume 871, Page 888,
Official Records of Williamson County, Texas, and a point in the west line of a
remainder portion of a 47.83 -acre tract of land (called the First Tract) as
recorded in Volume 717, Page 403 of said Official Records;
THENCE, with the aforementioned north right -of -way line,
N67 44'25 "E a distance of 425.74 feet to a point of curvature of a right -of -way
return, said curve being a curve to the left;
THENCE, with said curve to the left having a radius of 30.00 feet,
a central angle of 86 04'25 ", a long chord of 40.95 feet (chord bears
N24 42'13 "E) an arc length of 45.07 feet to a point of tangency on the west
right -of -way line of Oakwood Boulevard as dedicated per the original Oaklands,
Section Two, plat;
THENCE, with said west right -of -way line the following two (2)
courses and distances:
1) N18 20'00 "W at a distance of 264.64 feet passing
the southeast corner of Lot 21 (Proposed Lot 22 of
said Proposed Amended Plat) of said Oaklands,
Section Two, for a total distance of 338.85 feet to
a point of curvature of a curve to the right;
2) With said curve to the right having a radius of
799.34 feet, a central angle of 25 34'51 ", a short
chord of 353.92 feet (short chord bears
NO5 32'35 "W) an arc length of 356.88 feet to an
iron rod found for a point on curve, same being the
northeast corner of the aforementioned Lot 21
(Proposed Lot 22) and the southeast corner of said
Lot 20 (Proposed Lot 21) for the southeast corner
and the POINT OF BEGINNING hereof;
THENCE, leaving the aforementioned right -of -way line with the
north line of said Lot 21 (Proposed Lot 22), same being the south line hereof,
S71 12'05 "W for a distance of 537.19 feet to an iron rod found on the east line
of said Lifemark Hospital tract, same being the northwest corner of said Lot 21
Proposed Lot 22) and southwest corner hereof;
THENCE, with the east line of said Lifemark Hospital tract, same
being_ the west line of said Lot 20 (proposed Lot 21) the following two (2)
courses and distances:
1) N18 47'55 "W for a distance of 44.92 feet to an iron
rod found for an angle point hereof;
2) N18 39'35 "W for a distance of 171.63 feet to an iron
rod set for the southwest corner of the proposed Lot
20 and the northwest corner hereof;
THENCE, with the south line of the Proposed Lot 20, same being the
north line of proposed Lot 21 and proposed Lot 23, N71 12'05 "E for a distance of
678.59 feet to an iron rod found in the aforementioned west right -of -way line of
Oakwood Boulevard for the southeast corner of proposed Lot 20, same being the
northeast corner of proposed Lot 23;
THENCE, with said west right -of -way line, same being the east line
hereof the following two (2) courses and distances:
1) S16 57'26 "W for a distance of 123.78 feet to an iron
rod found for a point of curvature of a curve to the
left;
2) With said curve to the left having a radius of
799.34 feet, a central angle of 09 42'37 ", a short
chord of 135.31 feet (short chord bears
S12 06'09 "W) for an arc length of 135.47 feet to
the POINT OF BEGINNING containing 3.000 acres
(130,680 sq. ft.) of land area.
As Surveyed By:
July 24, 1987
Job No. 352 -01- 001 -202
Revised 02/11/88
tcaa "
Cecil Ja cso "Chess 141m Date
Register / iblic Surveyor No. 4295 / a$
CJC:ek 2'
EXHIBIT A
LIENHOLDER CONSENT TO RE- ZONING
. EXHIBIT B
The undersigned, FRANKLIN SAVINGS ASSOCIATION, is a
lienholder of certain property currently held by GRISHAM &
GARDNER INVESTORS, INC., a Texas corporation, said property being
more particularly described as follows:
The South 3.00 acres of Lot 20, Block K, THE OAKLANDS,
SECTION 2, Williamson County, Texas, being located on
Oakwood Boulevard, Round Rock, Texas, as shown in
Exhibit "A" which is attached hereto and incorporated
herein for all purposes as if set forth in full (the
"Property ").
In August of 1987, Grisham & Gardner Investors, Inc. contracted
to sell the property to 620 Oakwood Joint Venture, and 620
Oakwood Joint Venture contracted to purchase the Property from
Grisham & Gardner Investors, Inc. 620 Oakwood Joint Venture has
requested a planned unit development from the City of Round Rock
for the construction of two (2) medical and professional office
buildings located on the Property. By signing this instrument,
Franklin Savings Association, as lienholder as of the date
hereof, consents to the re zoning of the Property from MF-
(Multifamily Residential) to a planned unit development.
Executed this day of June, 1988.
gris- con.snt /W /tld
FRANKLIN SAVINGS ASSOCIATION
BY:
Name: dRca \EN A.
Title:
7.
EXHIBIT "B"
Lienholder Consent to Re Zoning
The undersigned is a lienholder of certain property currently
held by the 620 Oakwood Joint Venture ( "Developer "), said property
more further described as follows: The South 3.00 acres of Lt 20,
Block K, The Oaklands, Section 2, Williamson County,Texas.(See
attached exhibit.)
The Developer has requested a Planned Unit Development from the
City of Round Rock for the construction of two (2) medical and
professional office buildings located on the property. By signing
this instrument, lienholder consents to the re- zoning of the property
from MF - Residential) to a Pla- d Unit Development.
By:
Printed Name: H. Lewis Aven
Title: Senior Vice President
Company: MBank Round Rock N.A.
•
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EXHIBIT A TO EXHIBIT B
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SITE PLAN
FIRST FLOOR PLAN
~~~
ROUND ROCK MEDICAL OFFICES
(r.:' RE NSIRGRAP,..ar
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� � L
EXHIBIT D
TO BE FILED IN
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
DECLARATION OF DRAINAGE AND DETENTION
EASEMENTS AND COVENANTS
§
R E C I T A L S
620 Oakwood Joint Venture, a Texas joint venture general
partnership (hereinafter referred to as "Declarant ") is the
owner in fee simple of an approximately 3.0 acre tract of real
property located in Williamson County, Texas, described on
Exhibit A attached hereto and incorporated herein for all
purposes (hereinafter referred to as "Oakwood Tract ").
Declarant desires to develop the Oakwood Tract and construct
thereon two (2) medical and professional office buildings, and
to subdivide the Oakwood Tract into two (2) tracts which shall be
known as Lot 21, Block "K ", The Oaklands Section Two "Revised ", a
revised subdivision, the map or plat of which shall be recorded
in the plat records of Williamson County, Texas ( "Lot 21 ") and
Lot 23, Block "K ", The Oaklands Section Two "Revised" ( "Lot 23 ")
(Lot 21 and Lot 23 collectively referred to herein as the
"Lots" ).
The Lots are a portion of a Planned Unit Development
("P. U. D. ") approved by the City of Round Rock, Texas ("City").
In accordance with the terms and conditions of the P. U. D. , The
City of Round Rock has approved the subdivision of the Lots on
the condition that the Lots be impressed with certain covenants,
restrictions and easements running with the land as hereinafter
set forth, each and all of which is and are for the benefit of
each of the Lots and each "Owner" (hereinafter defined) thereof.
NOW, THEREFORE, Declarant, in order to satisfy the
conditions imposed by the City in connection with the approval of
the aforementioned subdivision plat, declares that the Lots are
and shall be held, transferred, sold, conveyed, occupied and
enjoyed subject to the following covenants, restrictions, liens,
charges and easements (sometimes hereinafter collectively
referred to as "covenants and restrictions "), which are also for
the purpose of protecting the value and desirability of, and
which shall run with, the Lots and shall be binding on all
parties having any right, title or interest in or to the Lots or
any part thereof, and their heirs, successors and assigns, and
which easements, restrictions, covenants and conditions shall
inure to the benefit of each "Owner" (hereinafter defined)
thereof.
1. Definitions.
1.1 "Declarant" shall mean and refer to 620 Oakwood
Joint Venture, a Texas joint venture general partnership, its
successors and assigns.
1.2 "Declaration" shall mean and refer to this
Declaration of Drainage and Detention Easements and Covenants.
1.3 "Owner" shall mean and refer to the record holder,
whether one or more persons or entities, of the fee simple title'
to the Lots or any portion thereof, and their successors and
assigns.
1.4 "Lots" shall mean and refer to the Oakwood Tract
described in the recitals above, and upon the effective date of
the resubdivision of the Oakwood Tract, it shall mean and refer
to Lot 21 and Lot 23, collectively.
1.5 "Lot 21" and "Lot 23" shall each have the meaning
assigned thereto in the recitals above.
2. Easements.
2.1 Establishment of Easement. Declarant hereby
establishes and grants a non - exclusive easement over and across
the portion of Lot 23 described in Exhibit B attached hereto and
incorporated herein for all purposes (the "Easement "), for the
use-and benefit of the present and subsequent Owners of Lot 21,
and their successors and assigns, for the purpose of providing
drainage of surface stormwater upon, under and across Lot 23, the
detention of surface waters upon, under and across Lot 23, and
construction, maintenance and repair of surface stormwater
transmission structures and a stormwater detention pond upon,
under, over and across Lot 23; provided, however, the rate and
volume of drainage of surface stormwater shall be limited to the
rate and volume of surface water drainage "Maximum Flow" that
will flow from Lot 21 to Lot 23 upon the completion of the
improvements to constructed upon Lot 21 in accordance with the
site plan for Lot 21 that has been approved by the City, a copy
of which is attached hereto as Exhibit C, and is incorporated
herein for all purposes, and the Owners of Lot 21 shall not
thereafter design or redesign, construct or reconstruct
improvements or stormwater management systems or take any other
action the result of which would be to cause any more surface
stormwater drainage from Lot 21 or any other Property at a rate
or volume greater than the Maximum Flow, without the prior
written consent of the then Owners of Lot 23, which consent must
be recorded in the Real Property Records of Williamson County,
Texas to be effective.
2.2 Rights Reserved. Declarant expressly reserves
unto the Owners of Lot 23, the right to use and enjoy the
Easement in common with the Owners of Lot 21. Declarant intends
that the detention pond in the Easement shall serve to detain all
surface drainage properly entering the Easement from Lot 21
together with all surface drainage from Lot 23.
3. Maintenance.
3.1 Duty to Construct. In connection with the
Easement above, each Owner of Lot 21, its respective successors
and assigns, shall at its sole cost and expense have the right
and privilege, obligation and duty to construct, pave and inspect
the drainage and detention improvements on the Easement, together
with all rights and privileges necessary or convenient for the
full enjoyment or use of the Easement for the above described
purposes, and shall have the right of ingress and egress over
paved portions of the adjoining lands of Lot 23 for the purpose
of exercising the above - described rights and privileges.
3.2 Duty to Maintain. The Owner of Lot 23 shall have
the right and privilege, obligation and duty, on behalf of all
the Owners, to inspect, alter, improve, reconstruct and maintain
the drainage and detention improvements located on, over and
across the Easement, together with all rights and privileges
necessary or convenient for the full use or enjoyment of the
Easement for the above described purposes, and also shall have
the right of ingress and egress over the adjoining paved areas of
Lot 21 for the purposes of exercising the above - described rights
and privileges. The Owner of Lot 23 shall assess the costs of
such work to all Owners as provided in Section 3.3 hereof.
3.3 Costs. Each Owner shall be responsible for
payment of one -half CO of the costs attributable to
maintaining, improving, administering and repairing the drainage
and detention improvements located on, over and across the
Easement. The Owner of Lot 23 shall assess such costs to each
2 EXHIBIT D
Owner, and the assessments shall be due and payable 30 days after
receipt of the written assessment.
3.4 Damage to Easements. Notwithstanding the
foregoing or any other provision hereof, the cost of repairing
damages to any portion of the drainage or detention improvements
by any Owner, or such Owner's agent, - contractors, successors,
assigns, employees, other than normal wear, shall be borne
entirely by the Owner causing (or whose agents, contractors,
successors, assigns, employees, caused) such damage.
3.5 Default in Maintenance. If any Owner, or.its
successors or assigns, fails to timely construct or maintain the
roadway or parking areas as required by Sections 3.1 or 3.2 above
(the "Defaulting Owner "), any other Owner may upon thirty (30)
days prior written notice specifically setting forth the nature
and extent of the work required to be done perform such
construction or maintenance set forth in the written notice.
The Defaulting Owner shall reimburse the other owner for costs
incurred upon demand plus interest at the rate of eighteen
percent (18 %) per annum.
4. Covenant to Keep Easement Free of Obstructions. Each
Owner of any portion of the Lots shall be responsible for
ensuring that they and their respective contractors, tenants,
employees, invitees and guests keep that portion of such Owner's
Tract which is burdened by the Easements, and the portion of the
drainage and detention improvements thereon, free and
unobstructed at all times for the use of the other Owner and its
successors and assigns. No Owner or such Owner's successors or
assigns, shall allow any obstructions to accumulate or exist on
the drainage or detention improvements or property adjoining same
within the area owned and /or occupied by them. Each Owner and
Owner's successors and assigns shall use best efforts to prevent
the Owner's contractors, tenants, employees,., invitees and guests
from causing obstructions to accumulate or exist upon or adjacent
to the portion of the drainage or detention improvements located
upon the other Owner's tract. Each Owner and such Owner's
successors and assigns shall at all times conduct operations on
and with respect to the drainage or detention improvements on the
Easement and the property abutting same in such a manner as not
to create a nuisance or cause detrimental effects to the drainage
or detention improvements.
5. Term. The term of the Easements shall commence as of
the time of the recording of the map or plat of The Oaklands
Section Two "Revised" in the Plat Records of Williamson County,
Texas and continue in effect perpetually thereafter until and
unless terminated by a duly recorded agreement executed by the
then holders of the fee simple interests of Lot 21 and Lot 23, or
until the Owners of Lot 21 violate the condition that the Owners
of Lot 21 shall not cause the surface stormwater drainage to
exceed the Maximum Flow.
6. Miscellaneous.
6.1 No Grant or Dedication to Public. The Easements
established herein and the covenants running with the land as
created hereby are for the sole benefit of the Lots, the Owners
of any portion thereof, and their respective successors, heirs,
assigns, contractors, tenants, employees, invitees and guests.
Nothing contained herein shall be construed to grant any right to
the general public, the City of Round Rock, County of
Williamson, or any governmental body or agency to use or enter
upon the Easement.
6.2 Appurtenances. All Easements, covenants and
conditions granted and established herein, including all terms
and provisions contained herein, apply to Lot 21 and Lot 23 and
bind each Owner, their respective successors and assigns.
3
EXHIBIT D
Further, all Easements shall pass with each conveyance of each
tract and shall be deemed to run with said land. Each tract
shall be a dominant estate insofar as it is benefitted by the
terms and provisions contained herein; likewise, each tract shall
be a servient estate insofar as it is burdened hereby. All
Easements granted under this Declaration are appurtenances to
each tract, and none of the Easements may be assigned or
encumbered except as appurtenances thereto.
6.3 Iniunction. If any Owner, or its successors,
assigns, tenants or sub - tenants, agents, servants, employees,
guests or invitees, violates or threatens to violate any part of
this Declaration, any other Owner, or its respective successors
and assigns, shall have the right to enjoin such violation or
threatened violation in any court of competent jurisdiction and
to recover damages. If any Owner, its successor or assign
brings an action in any court of competent jurisdiction to
enforce any provision of this Declaration, the prevailing party
shall be entitled to reasonable attorney's fees and all costs,
which sums shall be included in any judgment entered in favor of
the prevailing party.
6.4 Modification. Except as stated otherwise in this
Declaration, the Declaration or any of its provisions,
conditions, covenants and restrictions may not be modified,
extended or terminated without the written consent of all the
then Owners, which consent shall not be effective until recorded
in the Real Property Records of Williamson County, Texas.
6.5 Severabilitv. If any provision, condition,
covenant or other clause, sentence or phrase of this Declaration
shall become null, void or illegal for any reason, or held to be
so by any court of competent jurisdiction, the remaining portions
shall remain in full force and effect.
6.6 Headings. Paragraph numbers and headings used in
this Declaration are for convenience only and not to be
interpreted as adding to, limiting or otherwise modifying the
meaning of this Declaration or the intent of the parties hereto.
6.7 Controlling Law. This Declaration shall be
construed according to the laws of the State of Texas.
6.8 Notices. Any notice required or permitted to be
given pursuant to this Declaration shall be deemed delivered when
actually received if delivered by personal delivery or courier
service, or the earlier of the date of actual receipt or three
(3) business days after deposit in the United States mail,
postage prepaid, certified mail, return receipt requested,
addressed to the addressee Lot Owner at the last address on
record with the Travis County Central Appraisal District, unless
such records list the Owner's mortgagee's address, in which case
the notice shall be addressed at the Owner's address on the Lot
Owner's deed on record in the Travis County Real Property
Records.
IN WITNESS WHEREOF, this instrument is executed as of
this day of , 1988.
620 OAKWOOD JOINT VENTURE,
a Texas joint venture general
partnership
By: Orthopaedic Associates of
Central Texas, P.A.
4
By:
Name:
Title:
EXHIBIT D
THE STATE OF TEXAS
COUNTY OF TRAVIS
By:
By:
By:
By:
By:
By:
CONSENT
5
David 0. Gillory, III,
General Partner
Steve Cranford Wilson,
General Partner
Gary Richard Williams,
General Partner
Name:
Title:
Name:
Title:
Name:
Title:
The undersigned, as lienholder on the Lots, does hereby
join in the execution of this Declaration of Driveway and
Parking Easements, Conditions and Restrictions for the purpose of
giving its consent to the execution hereof and to the encumbrance
of the Lots with the easements, covenants and conditions
contained herein. The undersigned does also hereby subordinate
its liens to this Declaration of Driveways and Parking Easements,
Conditions and Restrictions and all of the easements, covenants,
conditions and restrictions contained herein.
This instrument was acknowledged before me on
, 1988 by
of Orthopaedic Associates of Central Texas, P.A., general partner
of 620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
EXHIBIT D
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on
, 1988 by David O. Gillory, III, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on
1988 by Steve Cranford Wilson, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
§
§
§
§
§
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
, 1988 by Gary Richard Williams, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
6 EXHIBIT D
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
§
§
§
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
§
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
7 EXHIBIT D
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
[LIENHOLDER]
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
•
8
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
EXHIBIT D
,r
Exhibit A: Description of 3.0 Acre Oakwood Tract
Exhibit B: Metes and bounds description of drainage and
detention easement
Exhibit C: Site Plan
F: \emsinisi \10800 \0001 \Vrainage.eas
(Rev 04/19/88. ju]
9
EXHIBIT D
TO BE FILED IN
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
620 Oakwood Joint Venture, a Texas joint venture general
partnership (hereinafter referred to as "Declarant ") is the
owner in fee simple of an approximately 3.0 acre tract of real
property located in Williamson County, Texas, described on
Exhibit A attached hereto and incorporated herein for all
purposes (hereinafter referred to as "Oakwood Tract ").
Declarant desires to develop the Oakwood Tract and construct
thereon two (2) medical and professional office buildings, and
to subdivide the Oakwood Tract into two (2) tracts which shall be
known as Lot 21, Block "K ", The Oaklands Section Two "Revised ", a
revised subdivision, the map or plat of which shall be recorded
in the plat records of Williamson County, Texas ( "Lot 21 ") and
Lot 23, Block "K ", The Oaklands Section Two "Revised" ( "Lot 23 ")
(Lot 21 and Lot 23 collectively referred to herein as the
"Lots").
The Lots are a portion of a Planned Unit Development
(" P. U. D. ") approved by the City of Round Rock, Texas ("City").
In accordance with the terms and conditions of the P. U. D. , The
City of Round Rock has approved the subdivision of the Lots on
the condition that the Lots be impressed with certain covenants,
restrictions and easements running with the land as hereinafter
set forth, each and all of which is and are for the benefit of
each of the Lots and each "Owner" (hereinafter defined) thereof.
NOW, THEREFORE, Declarant, in order to satisfy the
conditions imposed by the City in connection with the approval of
the aforementioned subdivision plat, declares that the Lots are
and shall be held, transferred, sold, conveyed, occupied and
enjoyed subject to the following covenants, restrictions, liens,
charges and easements (sometimes hereinafter collectively
referred to as "covenants and restrictions "), which are also for
the purpose of protecting the value and desirability of, and
which shall run with, the Lots and shall be binding on all
parties having any right, title or interest in or to the Lots or
any part thereof, and their heirs, successors and assigns, and
which easements, restrictions, covenants and conditions shall
inure to the benefit of each "Owner" (hereinafter defined)
thereof.
1. Definitions.
1. 1
Joint Venture,
successors and
1. 2
Declaration of
Restrictions.
DECLARATION OF DRIVEWAY AND PARKING EASEMENTS.
CONDITIONS AND RESTRICTIONS
§
§
R E C I T A L S
"Declarant" shall mean and refer to 620 Oakwood
a Texas joint venture general partnership, its
assigns.
"Declaration" shall mean and refer to this
Driveway and Parking Easements, Conditions and
1.3 "Owner" shall mean and refer to the record holder,
whether one or more persons or entities, of the fee simple title
to the Lots or any portion thereof, and their successors and
assigns.
1.4 "Lots" shall mean and refer to the Oakwood Tract
described in the recitals above, and upon the effective date of
the resubdivision of the Oakwood Tract, it shall mean and refer
to Lot 21 and Lot 23, collectively.
EXHIBIT D
1.5 "Lot 21" and "Lot 23" shall each have the meaning
assigned thereto in the recitals above.
2. Easements.
2.1 Nonexclusive Ingress and Egress and Parking
Easement Over Lot 21 for Benefit of Lot 23. Declarant does
hereby establish for the benefit of Lot 23 and does hereby grant
and convey to the Owners of Lot 23, their successors and
assigns, (a) a non - exclusive easement for ingress and egress to,
from, over, through and across the portions of the roadway
described in Exhibit C attached hereto and incorporated herein
for all purposes, that shall be constructed on Lot 21, and (b) a
non - exclusive easement for parking of motorized vehicles only in
designated parking spaces that may be constructed on Lot 21 from
time to time (the driveway and parking easements hereinafter
referred to as the "Lot 21 Easement ") for the purposes set out
herein, reserving to Declarant and the Owners of Lot 21, its
successors and assigns, tenants, invitees, employees and guests
the right to use and enjoy the Lot 21 Easement in common with
the Owners of Lot 23.
2.2 Non- Exclusive Ingress and Egress and Parking
Easement Over Lot 23 For Benefit of Lot 21. Similarly,
Declarant does hereby establish for the benefit of Lot 21 and
does hereby grant and convey to the Owners of Lot 21, their
successors and assigns, (a) a non - exclusive easement for ingress
and egress to, from, over, through and across the portions of the
roadway described in Exhibit C that shall be constructed on Lot
23, and (b) a non - exclusive easement for parking of motorized
vehicles in designated parking spaces that may be constructed on
Lot 23 from time to time (the driveway and parking easements
hereinafter referred to as "Lot 23 Easement "), for the purposes
set out herein, reserving to Declarant and the Owners of Lot 23,
its successors, assigns, tenants, invitees, employees and guests
the right to use and enjoy the Lot 23 Easement in common with
Owners of Lot 21 (the Lot 21 Easement and Lot 23 Easement
sometimes collectively referred to herein as "Easements ").
3. Maintenance.
3.1 Duty to Maintain. In connection with the
Easements above, each Owner, its respective successors and
assigns, shall have the right and privilege, obligation and duty
to construct, pave, reconstruct, inspect, alter, improve and
maintain the portion of the roadway and parking areas ultimately
located on, through, and across such Owner's tract, together with
all rights and privileges necessary or convenient for the full
enjoyment or use of the Easement for the above described
purposes, and also including the right of ingress and egress over
paved portions of the Lots for the purpose of exercising the
above - described rights and privileges.
3.2 Costs. The cost of initial construction of the
roadway and the parking areas located on both of the Lots and
required in connection with the development of Lot 21 shall be
borne by the Owner of Lot 21, and thereafter each Owner shall be
responsible for payment of the costs attributable to
constructing and paving, maintaining, improving, administering
and repairing that portion of the roadway and parking areas which
is over and across such Owner's tract.
3.3 Uniform Construction. Each Owner solely shall, at
each such Owner's sole cost, maintain, improve and repair the
roadway and parking areas on the Easements on each of the Owners'
respective tracts in a usable, neat and uniform manner so as to
prevent their deterioration.
3.4 Damage to Easements. Notwithstanding the
foregoing or any other provision hereof, the cost of repairing
2 EXHIBIT D
damages to any portion of the roadway or parking areas by any
Owner, or such Owner's agent, contractors, successors, assigns,
employees, other than normal wear, shall be borne entirely by the
Owner causing (or whose agents, contractors, successors, assigns,
employees, caused) such damage.
3.5 Redirecting Traffic. Each Owner shall have the
right to make such changes in the location of the Easement on the
Owner's property as in such Owner's reasonable opinion may be
necessary or desirable and in the best interest of all persons
using such Easement, including without limitation, reconfiguring
driveway areas and redirecting traffic, but no such change shall
interfere with the beneficial use of the Easements for the
purposes herein granted. Notwithstanding the foregoing, the
parties may temporarily interrupt use of the Easements to perform
necessary repairs to the improvements thereon, including without
limitation, resurfacing and restriping the driveway and parking
areas, but such repair and maintenance work shall to the extent
reasonably possible be scheduled so as to minimize interference
with the use of the Easements.
3.6 Default in Maintenance. If any Owner, or its
successors or assigns, fails to timely construct or maintain the
roadway or parking areas as required by Sections 3.1, 3.2 and 3.3
above (the "Defaulting Owner "), any other Owner may upon thirty
(30) days prior written notice specifically setting forth the
nature and extent of the work required to be done perform such
construction or maintenance set forth in the written notice. The
Defaulting Owner shall reimburse the other owner for costs
incurred upon demand plus interest at the rate of eighteen
percent (18%) per annum.
4. Purposes of the Easements. The Easements, rights and
privileges herein granted shall be for the purpose of providing
vehicular and pedestrian ingress and egress-over and across the
roadway to be constructed on the Easements (but excluding
construction equipment or other vehicles whose weight could
damage the driveway._areas of the Easements) and parking motorized
vehicles in areas located within the Easements designated by each
Owner as a parking area, except parking spaces that each Owner
may properly designate as a "Reserved Parking Space" (defined in
Section 10.2 hereof) in accordance with the terms and conditions
set forth in Section 10.2 hereof and to allow the free and
uninterrupted use and privilege for vehicular and pedestrian
ingress and egress by the Owners, their successors, assigns;
tenants, employees, invitees and guests, between Lot 21 and Lot
23.
5. Signage. The Owners shall unanimously agree whether
there shall be the construction, erection and maintenance on the
Easements of identifying and directional signage that would
benefit all the Owners, and the location, design and dimension
thereof; further, in the event such signage is constructed, the
Owners hereby agree to share all costs of constructing, erecting,
maintaining and repairing such signage in the following manner:
Each Owner shall pay one -half (1/2) of such costs.
Notwithstanding the foregoing or any other provision hereof, the
cost of repairing damages to the signage by any Owner, or such
Owner's agent, contractors, successors, assigns, employees, other
than normal wear, shall be borne entirely by the Owner causing
(or whose agents, contractors, successors, assigns, employees,
caused) such damage.
6. Indemnification. By acceptance of ownership of any
portion of the Lots, each Owner ( "Indemnitor ") shall and does
hereby indemnify and hold harmless each other Owner and shall
defend each other Owner by and through legal counsel
satisfactory to the other Owner from and against any and all
losses, costs, claims, demands or expenses suffered by any person
arising from loss, injury, death or damage to persons or property
3 EXHIBIT D
as a result of any action on the part of such Indemnitor or such
Indemnitor's contractors, employees, tenants or invitees with
respect to any occurrence on or adjacent to the Easements located
on such Indemnitor's tract.
7. Insurance. By acceptance of ownership of any portion
of the Lots, each Owner agrees that each Owner shall obtain and
maintain in force during the term of this Agreement liability and
property damage insurance insuring against all liability of such
party arising out of or in connection with the use of the
Easements located on such Owner's tract with such coverage limits
as may be reasonable and prudent for such coverage in Williamson
County, Texas. Each party agrees upon request of the other to
furnish to the requesting party a certificate evidencing the fact
that such insurance has been obtained and is in effect. Neither
party shall have any duty or obligation to obtain liability or
other insurance protection for the other party.
8. Covenant to Keep Easement Free of Obstructions. Each
Owner of any portion of the Lots shall be responsible for
ensuring that they and their respective contractors, tenants,
employees, invitees and guests keep that portion of such Owner's
Tract which is burdened by the Easements, and the portion of the
private drive and parking areas thereon, free and unobstructed at
all times for the use of the other Owner and its successors,
assigns, agents, contractors, employees, tenants, invitees and
guests. No Owner or such Owner's successors or assigns, shall
allow any obstructions to accumulate or exist on the roadway or
parking areas within the area owned and /or occupied by them.
Each Owner and Owner's successors and assigns shall use best
efforts to prevent the Owner's contractors, tenants, employees,
invitees and guests from causing obstructions to accumulate or
exist upon the portion of the roadway or parking areas located
upon the other Owner's tract. Each Owner and such Owner's
successors and assigns shall at all times conduct operations on
and with respect to the private drive and parking areas on the
Easements and the property abutting same in such a manner as not
to create a nuisance or cause detrimental effects to the roadway
or parking areas. The covenants contained in this subparagraph
shall be subject to the covenants set out in subparagraph 3.5
herein.
9. Term. The term of the Easements shall commence as of
the time of the recording of this Declaration with the
Williamson County Recorder's office and continue in effect
perpetually thereafter until and unless terminated by a duly
recorded agreement executed by the then holders of the fee simple
interests of Lot 21 and Lot 23.
10. Parking Rules and Reserved Parking.
10.1 Parking Rules. The Owners, their respective
successors and assigns, shall mutually promulgate, post and
enforce reasonable rules and regulations regulating traffic
movement and parking over the Easements.
10.2 Reserved Parking Spaces. Each Owner, their
respective successors and assigns, shall have the right to
designate up to thirty (30) parking spaces located within the
Easement located on such Owner's tract as "Reserved Parking
Spaces" (hereby defined) and such Owner shall designate the
person(s) or entity which shall hold the exclusive right to park
in each Reserved Parking Space for a designated period of time
and for consideration to be determined at the sole discretion of
such Owner. Each Owner, its successors, assigns, tenants,
employees, invitees or guests shall be prohibited from using the
Reserved Parking Spaces located on the Easements located on
another Owner's tract, unless such person or entity reserves such
space in accordance with the rules and regulations of the Owner
of the tract on which the parking space is located. Each Owner
4
EXHIBIT D
shall mark each designated Reserved Parking Space located within
the Easements on such Owner's tract as a "reserved" parking
space, by posting a sign, painting the pavement, or similar
means. Each Owner shall have the right to enforce the
prohibition of parking in Reserved Parking Spaces by unauthorized
persons by posting a notice that unauthorized vehicles will be
towed and by causing unauthorized vehicles to be towed, or by
similar means of enforcement.
11. Miscellaneous.
11.1 No Grant or Dedication to Public. The Easements
established herein and the covenants running with the land as
created hereby are for the sole benefit of the Lots, the Owners
of any portion thereof, and their respective successors, heirs,
assigns, contractors, tenants, employees, invitees and guests.
Nothing contained herein shall be construed to grant any right to
the general public, the City of Round Rock, County of
Williamson, or any governmental body or agency to use or enter
upon the Easements.
11.2 Appurtenances. All Easements, covenants and
conditions granted and established herein, including all terms
and provisions contained herein, apply to Lot 21 and Lot 23 and
bind each Owner, their respective successors and assigns.
Further, all Easements shall pass with each conveyance of each
tract and shall be deemed to run with said land. Each tract
shall be a dominant estate insofar as it is benefitted by the
terms and provisions contained herein; likewise, each tract shall
be a servient estate insofar as it is burdened hereby. All
Easements granted under this Declaration are appurtenances to
each tract, and none of the Easements may be assigned or
encumbered except as appurtenances thereto.
11.3 Iniunction. If any Owner;• or its successors,
assigns, tenants or sub - tenants, agents, servants, employees,
guests or invitees, violates or threatens to violate any part of
this Declaration, any other Owner, or its respective successors
and assigns, shall have the right to enjoin such violation or
threatened violation in any court of competent jurisdiction and
to recover damages. If any Owner, its successor or assign
brings an action in any court of competent jurisdiction to
enforce any provision of this Declaration, the prevailing party
shall be entitled to reasonable attorney's fees and all costs,
which sums shall be included in any judgment entered in favor of
the prevailing party.
11.4 Modification. Except as stated otherwise in this
Declaration, the Declaration or any of its provisions,
conditions, covenants and restrictions may not be modified,
extended or terminated without the written consent of all the
then Owners, which consent shall not be effective until recorded
in the Real Property Records of Williamson County, Texas.
11.5 Severabilitv. If any provision, condition,
covenant or other clause, sentence or phrase of this Declaration
shall become null, void or illegal for any reason, or held to be
so by any court of competent jurisdiction, the remaining portions
shall remain in full force and effect.
11.6 Headings. Paragraph numbers and headings used in
this Declaration are for convenience only and not to be
interpreted as adding to, limiting or otherwise modifying the
meaning of this Declaration or the intent of the parties hereto. '
11.7 Controlling Law. This Declaration shall be
construed according to the laws of the State of Texas.
11.8 Notices. Any notice required or permitted to be
given pursuant to this Declaration shall be deemed delivered when
5
EXHIBIT D
actually received if delivered by personal delivery or courier
service, or the earlier of the date of actual receipt or three
(3) business days after deposit in the United States mail,
postage prepaid, certified mail, return receipt requested,
addressed to the addressee Lot Owner at the address of the Lot
which they own.
IN WITNESS WHEREOF, this instrument is executed as of
this day of , 1988.
620 OAKWOOD JOINT VENTURE,
a Texas joint venture general
partnership
By: Orthopaedic Associates of
Central Texas, P. A.
By:
By:
By:
By:
By:
By:
CONSENT
By:
By:
David 0. Gillory, III,
General Partner
Steve Cranford Wilson,
General Partner
Gary Richard Williams,
General Partner
Name:
Title:
Name:
Title:
Name:
Title:
The undersigned, as lienholder on the Lots, does hereby
join in the execution of this Declaration of Driveway and
Parking Easements, Conditions and Restrictions for the purpose of
giving its consent to the execution hereof and to the encumbrance
of the Lots with the easements, covenants and conditions
contained herein. The undersigned does also hereby subordinate
its liens to this Declaration of Driveways and Parking Easements,
Conditions and Restrictions and all of the easements, covenants,
conditions and restrictions contained herein.
Name:
Title:
6
Name:
Title:
EXHIBIT D
THE STATE OF TEXAS
COUNTY OF
§
§
§
This instrument was acknowledged before me on
, 1988 by
of Orthopaedic Associates of Central Texas, P.A., general partner
of 620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF
THE STATE OF TEXAS
COUNTY OF
§
§
§
§
§
7
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
, 1988 by David 0. Gillory, III, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
1988 by Steve Cranford Wilson, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership. .,
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
EXHIBIT D
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on
1988 by Gary Richard Williams, general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF
§
§
§
§
§
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
THE STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
8 EXHIBIT D
•
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on
, 1988 by , general partner of
620 Oakwood Joint Venture, a Texas joint venture general
partnership, on behalf of said partnership.
THE STATE OF TEXAS
COUNTY OF
§
§
§
§
[LIENHOLDER]
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
This instrument was acknowledged before me on
, 1988 by , of
, a , on behalf of said
Notary Public in and for
the State of Texas
Printed name
My Commission expires:
9 EXHIBIT D
Exhibit A: Description of 3.0 Acre Oakwood Tract
Exhibit B: Metes and bounds description of Easement as it
crosses both Lot 21 and Lot 23
Exhibit C: Map of Lot 21 and Lot 23, with the driveway
easements marked
F.\emsinisi\10800k0004keasemen1Aw0 10
[Rev 03/19/88 iti]
EXHIBIT D
DATE: June 16, 1988
SUBJECT: Council Agenda, June 16, 1988
ITEM: 4A. Consider an ordinance amending the Zoning
Ordinance by rezoning a three acre tract
of land out of Lot 20, Block K, The Oaklands,
Section Two, to PUD #3. (Second Reading)
STAFF RESOURSE PERSON: Joe Vining
RECOMMENDATION: Approval. This second reading was withheld
pending execution of the PUD agreement by the
applicant. All documents have been signed
and are ready to be recorded upon second reading.
ECONOMIC IMPACT: Added commercial tax base.