Loading...
O-91-1297 - 3/28/1991• VOL2005FAGE4 "18 11026 ORDINANCE NO. I 97 • • • AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP. TO -WIT: TO ZONE 398.16 ACRES, MORE OR LESS, OUT OF THE E. W. MATTHEWS AND THE JOHN R. RANDALL SURVEYS AS PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 4 WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A ", attached hereto and incorporated herein as Planned Unit Development (PUD) District #4 , and WHEREAS, the City Council has submitted the amendment to 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 amendment on the 7th day of February, 1991, 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 above - described property be zoned as Planned Unit Development (PUD) District #4, and WHEREAS, on the 14th day of February, 1991, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and • WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A., Texas Local Government Code, 1990 Edition and Section 11.300, Code of Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore 1 , OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • VOL 2005P „6f479 • • • BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. • That the City Council hereby determine that Planned Unit Development (PUD) District #4 meets the following goals and objectives: (1) The development in the proposed P.U.D. #4 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. #4 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. #4 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. #4 will be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. #4 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.305 (2), Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A ", 2 • VOL 2005P1 E480 attached hereto and incorporated herein shall be, and is hereafter designated as as Planned Unit Development (PUD) District #4, and that the Mayor is hereby authorized and directed to enter into the PUD (Planned Unit Development) Agreement attached hereto as Exhibit "B ", which agreement shall constitute the Development Plan and shall govern the development and use of said property. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 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 Oi _ day y Lw of / �1 i , 1991. Alternative 2. READ and APPROVED on first reading this the day of 1991. READ, APPROVED, AND ADOPTED on second reading this the day of 1991. ATTEST: J NE LAND, City Secretary 3 MIKE ROBINSON, Mayor City of Round Rock, Texas • • • EXHIBIT "A" This exhibit describes the developable land as follows: Original Franklin Tract 582.35 Acres Less Golf course (Appendix 1) 170.00 Acres Less Golf Course Access Road (Appendix 2) 14.19 Acres • AREA DESCRIBED 398.16 Acres EXHIBIT "A to City of Round Rock Ordinance No. 097 Consisting of Fifteen Pages 1 VOL 2005PA0.481 VOL 2005NGE482 FIELD NOTES FOR A 398.16 ACRE TRACT Or LAND: FIELD NOTES FOR MR. 006 CLARK; EXHIBIT "A" Page 1 of 3 rnl 1020 ract 815 .` i. I I U•.' i t BEING 582.35 acres of land, of which 237.13 a arc &Roared in tlic E. V. Matches'sSurvey. Abscratt No. 449 and 345.22 acres arc situated n the John H. Randall Survey, A bscraet No. 531 in Williamson County, Tex said land being a portion of that a r a to In First Tract, called 640 acres, and Second Tragic, called 289 acres. conveyed co Octn C. Piloierby deed a m e neded in Voloe 347. Pag 574. the Deed Records of Williamson Cooney. Texas. and chat cc r calm er a of land, a called 100 acres, s er a conveyed to Occo C. r(lugby deed as recorded in volume 355, Page 394, of the Dccd Records of Williamson County, Trgaa. Surveyed on the ground in the m6nch of January, 1984, :under chr cupervislon of R. T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an Iron pin sec at a fence c n the East line of County Road No. 122 and being the N.W. corner of the above - referenced 100 -acre /ginger era e t, for the N.23. corner hereof ;.sold point being on or near the Norehline of the John 11. Randall Survey, A -531; THENCE. vich a fence along oho North line of the said 100 - acre Pfinger tract and along or near the said North line of the John H. Randall Survey, A -551. as follows; S 89" 34' 30" E, 925.10 feet co a 40d ,.i1 uo' t ; S 09' 06' 30" C. 1019.51 feet c . iron pin found; S 89' 15' 30 " E. passing the N.L. corner of the said 100 -acre Flinger t act and rho ,root northerly N.E. corner of the above- referenced Pfluger :second Tract, and continuing vlchd fence• along the Porch line of the 4.1d.2(luger Steond Trace, for a total distance of 1021.61 feet, in all. to a 40d nail set; S 88' 53' 6, passing by or near the N.E. corner of the said John H. Randall Survey and the H.V. corner of the E. W. Marches's Survey, A -449, being the N.E. corner of the said Pfinger Second Tract and the 8.64. t e r r of the above- referenced Pflugcr Forzc n Tract. and c c no ing vich che fence along the North line of the said Pflugcr First Tract and along or a the North line of the said E. V. Mateheus Survey, for a tonal distance of 1031.93 feet, in all, to an iron pin round; 5 88' 50' E. 361.12 feet co an iron pin sec ac a fence corner and 5 89' 13' 6, 503.24 (cec co a necal post, for the' must northerly N.E. corner hereof; THENCE S 1 2 ' 04' V. 612.06 fccc to n iron P 1 0 0 0 4 ; 5 48' 10' V 766.74 feet to a 404 nail sec in a fence. and 5 9' 57' 30" V, 425.53 feet. vich the said fence, co an i pin sec for an Inter lay corner arner hires!; /HENCE 5 89' 1 7 ' E. 3241.38 feet to an iron pin s c in a fence on the 1.,;.c line of the said P(luger First Trace, being on ear the East line of she 1.. V. M000l,e.e 5urvey, for [he o seer ly N.C. °ac °° torurr hereof; THENCE. mach a fence along the said Ease line of the Pflugcr First Tract, and along o ear the said East line of the E. W. Matthews Survey, as f o l i o " ; n 5 h ' 0' 4 8 ' V, 4 3 7 , 7 0 fccc co an iron pin , t at J fence corner and 5 0' 45' 30" V, 1533.03 feet to an iron pin sot.' far the most 4.55001) S.E. corner hereof; TH1NC4 N 89' 17' W. 2581.89 feet co .n iron pin sec far a corner hereof; n t.�t. riot THENCE 5 0' 41' t', 1512.14 free co an iron pin found at a fence corner for the most southerly S.E. corner hereof; THf3:CE, with a fence. H 09' 19' W. 1125.00 feet to an n pin set o L' or near the common line between the said C. W. Matthews Survey and the John H. Randall Survey, being the cd=xnon line becoeen ehc - said 0(luger First Tract and sbe seid Pfinger Second Tract, and h EXI- -1IBlT /\ RECORDERS MEMORANDUM AR or parts of the test on this page was not ii r e c o r d a t i o n . • c egrr ( (K33ell, ins. 2 • VOL 2 005P/10E483 • • • • .1102.0., .816 1 FIELD NOTES FOR HR. ROB CLARK. Conc. Page 2 of 3 ', rl t 1 5 87' 03' 0. 163.99 (etc co an iron pin found for the most southerly S.V. corner hereof: THENCE N 1' 23' 30" E. 431.50 feet to an iron pin found for an interior Berner hereof; THENCE N 88' 56' 30" V. 1106.09 feet to an iron pin found marking the 5.E. corner ne of Jackrabbit Subdivision. a 'eubdlvieion of record in Cabinet E. Slides 213 -214 of the Plat Records of Vf111amson County, T<aam, for a soochoescerly corner hereof; r9ENCE N 0' 58' 30" E. 790.36 feet co an iron pin found marking the N.E. corner of the maid Jackrabbit Subdivision for an interior corner hereof; THENCE N 88' 41' V, 2404.80 feet co an iron pin found on the said East lint of County Road No. 122, marking the N.V. corner of the card Jack- rabbit Subdivision, for the nose vested) 5.77. corner hereof; THENCE, with a fence, along the maid Ease line of County Road 11o. 122, as follows: N 0' 43' E. 1443.73 fees to a 40d nail set: N 0' 36' E. 1822.83 feet to an iron pin sec; 11 76' 26' 30" E, 40.50 feet co e Iron pin sec; 11 6' 38' 30" V. 259.14 feet to an iron pin on and N 1' 07' E. 255.13 feet to the place of BEC1101INC and containing 582.35 acres of land. SAVE AND EXCEPT a certain 170 acre tract described in Appendix 1 to this Exhibit, and a certain 14.19 acre Tract described in Appendix 2 to this Exhibit. 3 RECORDERS MEMORANDUM All or parts of the test on this page was not clearly legible for satisfactory recordation. Vol 2005P„OE484 Note: The above - described crate of land 1e 000jee t . 10- foot -vide Public Utility Easement along and 10 feet South of the entire most northerly North lint. The above - described tract of land Is subject to an . c emcnt to Brushy Creek Water Control and Improvement District No. 1 of Williamson and lilam Counties of record in Volume 430, Page 643 of the Decd • Records of Williamson County, Texas. STATE of TEXAS COUNTY OF WILLIAHSON KNOW ALL -CIA BY THESE PRESENIS: I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify chat the above described tract of land vas surveyed on the ground under my personal supervision during the, ponehof January, 1904, and chat said description is .true and <arrest to Ithe best of my knowledge and belief. TO CERTIFY L RICH, WITNESS my hand and lace' at Ceorgccoun, Williamson County, Texas, this the 12th day of January, 1984, A.D. . A. r u.catss. st, NOTE: .access co a 100.00 acre tract in the N.E. corner 1-.0o : of the said Pfluger Firer Tract is along t 'sa ,(sting Pasture Road or as shown, said a ctece • C '0. ios . to be 60 feet vide. - GS L. EXI -IIBIT A l'T n G tcge f Z ©133nU. Lnb• Rev] ,pd 4 -9 -84 for N •' e r, 0 40t U.• otoaono.q rf Iu0 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 4 • ('age 3 of 3 • voL 2005 ;E 485 • • • • f - I FIJI ri71,5 AI'I'ENDIX 1 I X111) F'A' I'agc 1 of 4 BEING 170.00 acres of land out of the 6_ W. Matthew, Survey. Abstract No. 449. and the John H. Randall Survey. Abstract Nu_ 531. Williamson County. 7C.4. and being a pert of that certain 582.35 acre tract of land described in a deed to Ben Franklin Corparntion recorded in Vol,n *020 al Page 812. Official Record, of ms Williaon Comity. and being sore particularly described by metes and bounds as folows: BEGINNING at the northeast corner of said 582.35 acrd tract. said point also being the southeast corner of Oak /fluff Estates. Phase 2. • subdivlalon of rcco. -d filed in Cabinet F. Slide 253. Plat Records of h111(nm,on County: 111ENC ; S it° 59' 28" W a distance of 810.09 feet to an Icon rod found: 710\CE 5 48° 10' 52" W a distance of 766_07 feet to an iron rod found: THENCE S 09° 53' 59' W • distance of 425.7] feet to en Iron rod found: THENCE S 89° 17' 00" E a distance of 490_00 (Oat to an Iron rod set: 'VENCE. traversing the Interior of said 582.35 acre tract. the following described courses and distances to iron rads set: (1) S 00° 00' 00" W e distance of (70.00 feet; (2) S 77° 12' 11" E a distance of 395.39 feet; (3) N 89° 04' 33" E a distance of 620.08 0001: (4) 5 78° 10' 19' E e distance of 975:72 feet; (5) S 50° 31' 39" E a distance of 110.01 feet: (6) S 26° 33' 54" E a distance of 223.61 feet: (7) S 05° <2' 38" W a distance of 201.00 feet: (8) 5 05" 15' 18 6 a distance of 342.05 feet; (9) 5 20° 33' 22" W a distance of 128.16 feet - (l0) S 56 18' 36" W a distance of 90.14 feet; (11) S 35° 20' 46" W a dlstancc of 210.24 feet; (12) 5 90° 00' 00" W a distance of 110.00 feet; (13) 9 56° 18' 36" h a distance of 144.22 feet: (14) N 72° 56' 35" h' n distance of 920_49 feet; (15) N 79° 41' 43' W a dletanco of 559.02 feet; (16) 5 64° 58' 59" W a dletanco of 105_53 feel; (1)) S 10° 07' 09" W a diatanca of 518.71 feet; (18) S 39° 50' 11" W a diatanca of 560.80 feet: (19) S 62° 14' 29" W . distance of (07.35 feet: (20) S 90° 00. 00" W • distance of 195.00 feet: (21) N 52° 40' 55' W a distance of 182.00 feet: (22) N 07" 15' 07' E a distance of 442.71 feet: (21) 1. 26° 33 54" E a distance of 111.80 feel: RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. • VOL2OO5pAL:E486 • • • • • 824) N 62° 54' 16" L-' a distance of 241.51 feet. (25) 2( 00° 00 00° C . dlalance of 215.00 feet: (261 N 34 33' 45" C . distance of 273.72 feet: (27) N 09° 27' 11" W • distance of 182.48 feel: (28) N 32° 80 W a distance of 377_76 feet: (29) 5 03° 21' i9" C a distance of 425_73 feel; (30) 15 21 I0' 05" W e distance of 537.02 feet: (31) N 07° 12' 51" E a distance of 796.30 feet: (32) N 64° 03' 28" W a distance of 205_73 feet: (33) S 59° 02' 11' W a distance of 174.93 feel: (34) S 53° 16' 02" If s distance of 118.00 feet: (35) S 15° 00' 00" W • distance of 676.75 feet: (36) S 00° 00' 00" W a distance of 325.00 feet: (37) S 54° I1' 16" W e distance of 308.00 feet: (38) S 10° 21' 59" W a distance of 416.80 feet: (39) S 15° 48' 09" E a distance of 550.82 feet; (40) S 00° 00' 00 W a distance of 1(0.00 feet: (41) S 30° 34' 15" W a distance of 117.77 feet: (42) S 97° (3' 28" W a distance of 112.36 feet: (43) 5 90° 00' 00" h a distance of 315.00 feet: (44) N 19° 13' 50" W'a distance of 227.71 feet: (45) N 48 14' 23" W a distance of '187_68 feet: 016) S 90° 00' 00" W 4 distance of 260.00 feat: (17) S 81 47' 14^ W a dl°tance of 525.38 feel: (48) S 46° 47' 24" W e distance of 432.77 feet: (49) N 77° 00' 18 W • distance of 66_71 feet; (50) N 26° 33' 54 W a distance of 78.26 feet: (31) S 90° 00' 00' W a distance of 150_00 feet: (32) N 17° 41' 41^ W a distance of 131.24 feet: (03) N Gl 28' 37" W a distance of 201.77 feet: (54) N 43° 01' 30" W a distance of 205.18 feet: (55) N 12° 52' 30" W a distance of (79.31 feet: (56) N 20° 19' 23" (la distance of 421.82 feet: (57) N OG° 04' 21" W . dls(ence of 219.31 feet: 061 N 23° 02' 22" li a di4tRoco of 472.70 feel: 6 Page 2 of 4 RECORDERS MEMORANDUM- /111 or parts of the test on this page 2729 not clearly legible for satisfactory recordation. 159+ 5 00' 00' 00' I. a diala of 165.00 feet: (60) 7. 595 11' 04" C a dlolancc of 331.85 feel; (51) N17 30' St" E a distance of 231.02 feet: (62 38' 22" E n distance of (008.12 feet: (63) S 54° 17' 36" E • distance of 194.08 feet: (64) ti 15' 30' 35" E . dlelan2, of 304.61 feet: (85) S 53° 38' 49" E e distance of 776.03 feet: (66) \ 37' 41' 39" E • distance of 139.0( fool; (67) N 12° (3' 30" W a distance of 306.96 feet; (68) N 13° 17' 55" 7 a dlalaecc of 282_57 feet; (69) N74° 30' 41" 7 a distance of 430.64 feet; (70) N 40' 48' 84" a distance of 436.03 feet: (71) N 87" 34' SO" E a distance of 355.32 fee(: (72) N 57° 46' 58" E e distance of 165_18 feet to an fro n cod set In the north line of said 582.35 acre tract: 2I1F27:71 nith the north line of said 532_35 acre tract and the south line of 0ak Bluff Estates. Phase 2. the following described three (3) courses and distances: (1) S 88° 53' 40" E a distance of 283.81 feet to On Iron rod found: (2) S 88° 47. 57" E • diotoncc of 380.71 feet to a1. (run rod found, and; (3) S 89° 02' 29" E e distance of 501.86 feet to the Place of Beglnning, containing 249.851 ecres of land_ SASE AND 8767U'T PARCE 1. described ae (ollose. to wit: 0f);1.1265NG at a point In said 582.35 acre tract, said point being in the interior of the above described 245.857 acre tract, end from [Mich the northeast corner of said 582.35 acre tract beers N 12° 05' 37" E a distance of 198 feet: TIE traversing the interior of said 249.851 acce tract, the following described courses and die lances to iron rods set; (1) S 68° 59' 46" E a distance of 599.85 feet; (2) N 80° 14' 31" 2 s distance of 798.52 feet; (3) 5 59° 02' 11" E s distance of 670.56 feet: (4) S 06° 40. 00" 7 a distance of 387.62 feel: (5) S 20° 33' 22" W s distance of 170.88 feet; (6) S 59° 51' 31" 14 a distance of 179.23 feet (7) N 60° 56' 43" w a distance of 380.35 feet; (8) N 50° 37' 51" W a distance of 252.24 feet: (9) N 65° 39' 32"' Ir a distance of 230.49 feel; (10) S 90° 00' 00" W a distance of 810.00 fcc(; (11) h 32° 19. 11' W a distance of 579.83 feet; 7 vot. 2005NGE 487 rage 3 of 4 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. roL2005PAGGE488 (1'_) 7 30° 09' 28" E • dist...ea of (78.04 feat to the dace of neginning, containing 25.296 acres of lend. SAVE AND EXCEPT 1ARCEL 2. described as follows, to wit: tIf1:INNIt3; at • point In said 582.30 acre tract Bald polul t.eing in the interior of the above deecribe.( 249_851 acre tr nt, and from .dtich the northeast corner of said 582.35 acre tract bears N 67° 22' 40" E a distance of 2903.79 feet: T1112 traversing the Interior of s aid 249_85( acre tract. (he following described courses and distances to iron rods set; (1) S 15° 56' 43" W a distance of 291.20 feet; (2) S (0° 42' 00" IY a distance n( 630.00 feet: (3) S 68° 36' 00" W a distance of 1212.19 feet; (4) N 61° 00' 00" W a distance of 508.13 feet; (5) N 45° 47' 05" E a distance of 258.12 feet; (6) S 00° 00' 00" C a distance of 180_00 foot: (7) 7 24° 53' 29" b a distance of 677.44 feet; (8) N 45° 09' 58" 0 a distance of 0202.90 feet: (9) 7 72° 5]' S0" E a distance of 104.58 feet: (10) S 18° 05' 00" E e dlalencc of 515.46 feet; (10 5 67° 22' 49" E a distance of 780.00 feet to the Place of Ocgitu.ing, containing 54.555 acres of lend. The net area of the tract of land described herein is 170.00 acres, Stan Coaltcr, BPS, LSIS 9 -12 -89 Page 4of4 RECORDERS MEMORANDTJM' All or parts of the text on this page was not ..lenrly legible for satisfactory recordation. • voL 2005No f489 • • 1 • • TRACT ONE API'GND(X21013X1IIIS(I '' A' 1' 1 0(7 rllLU 8011 DESCRIPTION or TWO TRACTS OF LAND BEING OUT OF 111E RLIIAINDER 01 THAT CERTAIN 582.35 -ACRE TRACT or LAND SITUATED IN THE E.W. MATT11EWS SURVEY, ABSTRACT N0. 449 AN0 TIIC JOAN H. RANDALL SURVEY, ABSTRACT N0. 531, WILLIAMSON COUNTY, TEXAS, SA10 582.35 ACRES BEING CONVEYED TO BEN FRANKLIN CORPORATION, A TEXAS CORPORATION, BY INSTRUMENT IN VOLUME 1020, PAGE 812, OFFICIAL RECORDS OF WILLIAIISON COUNTY, TEXAS, SAID TWO TRACTS OF LAND, BEING HEREIN MORE PARTICULARLY DESCRIBED FOR RICKY -Or- WAY PURPOSES, BY METES 11140 BOUNDS AS TRACT ONE, BEING 10.7450 ACRES AND TRACT TWO, BEING 3.4506 ACRES AS FOLLOWS: BEGINNING at an iron rod set on the east right -of -way line of Williamson County Road No. 122, same being the west line of said 582.35 acres from said POINT OF BEGINNING a 1/2 -inch iron rod found for the southwest corner of said 582.35 acres bears S00 ° 45'18 "W a distance of 247.55 feet; THENCE continuing with the aforementioned common east right-of-way line and west line of the 582.35 acres, same being the west line hereof, N00 ° 45'18 "E for a distance of 160.00 feet to a 1/2 -inch iron rod set; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract with the north line of the herein- described right -of -way the following described courses and distances to 1/2 -inch iron rods set: 1) 544 ° 14'35 "E for a distance of 28.29 Feet; 2) 589 ° 14'28 "E for a distance of 50.30 feet to a point of curvature of a curve to the left; 3) With said curve to the Left having a radius of 330.00 feet, a central angle of 34 ° 14'51 ", a long chord of 194.33 feet (chord bears N73 ° 38'07 °E) for an arc length of 197.25 feet to a point of tangency; 4) N56 ° 30'42 "E for a distance of 277.32 feet to a point of curvature of a curve to the right; 5) With said curve to the right having a radius of 520.00 feet, a central angle of 61 ° 53'58 ", a long chord of 534.86 feet (chord bears 1187 ° 27'40 "E) for an arc length of 561.78 feet to a point of tangency; 6) S61 ° 35'23 "E for a distance of 214.54 feet to a paint. of curvature of a curve to the left; 7) With said curve to the left having a radius of 430.00 feet, a central angle of 56 ° 40'51 °, a long chord of 408.25 feet (chord bears S89 ° 55'47 "E) for an arc length of 425.38 feet to a point of tangency; 8) N61 ° 43'50 "E For a distance of 154.29 feet to a point of curvature of a curve to the right; 9) With said curve to the right having a radius of 570.00 feet, a central angle of 41 ° 34'51 ", a long chord of 404.64 Feet (chord bears N82 ° 31'14 "E) for an arc length of 413.66 feet to a point of non - tangency; 10) S70 ° 15'53 "E for a distance of 536.25 feet to a non - tangent point of curvature of a curve to the left; 11) With said curve to the left, having a radius of 290.00 feet, a central angle of 107 ° 03'49 ", a long chord of 466.43 feel (chord bears 049 ° 46'44 "E) for an arc length of 541.90 feet to a point of tangency; 12) NO3 ° 45'10 "W for a distance of 295.73 feet to a point of curvature of a curve to the right; 13) With said curve to the right having a radios of 710.00 feet. a central angle of 27 ° 31'39 ", a long chord of 337.84 feel (chord bears n10 ° 00'39 "E) for an arc length of 341 12 feel 10 a point of tangency; 14) 1 123 ° 46'31 "E for a distnace of 327.06 feet lo a point ul curvature of a curve to the left; 9 vo� 2005P „ E 490 r.,pn e 15) With said curve to the left having a radius of 420.00 feet, a central angle of 83 ° 36'25 ", a long chord of 559.93 feet (chord bears 818 ° 01'44 "W) for an arc length of 612.87 feet to a point of tangency; 16) 859 ° 49'56 "W for a distance of 170.58 feet to a point on the common interior line of said 170 -acre tract and the remainder of said 582.35-acre tract of land for a corner hereof; THENCE with the aforementioned common interior line, same being a line hereof, N00 ° 00'00 "E for a distance of 69.40 feet to a l/2 -inch iron rod set for a corner hereof; THENCE leaving the aforementioned common interior line and continuing through said remainder of the S82.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) S59 ° 49'56 "E for a distance of 205.46 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 480.00 feet, a central angle of 83 ° 36'25 ", a long chord of 639.91 feel (chord bears 518 ° 01'44 "E) for an arc length of 700.42 feet to a point of tangency; ' 3) S23 ° 46'31 "W for a distance of 327.06 feet to a point of curvature of a curve to the left; 4) With said curve to the left, having a radius of 650.00 feet, a central angle of 27 ° 31'39 ", a long chord of 309.29 feet (chord bears S10 ° 00'39 "8) for an arc length of 312.29 Feet to a point of tangency; 5) 503 a 45'10 "E for a distance of 295.73 feet to a point of curvature of a curve to the right; 6) With said curve to the right having a radius of 350.00 feet, a central angle of 107 ° 03'49", a long chord of 562.93 feet (chord bears S49 ° 46'44 "W) for an arc length of 654.01 feet to a point of non- tangency; 7) 876 ° 41'20 "W for a distance of 532.88 feet to a non - tangent point of curvature of a curve to the left; 8) With said curve to the left having a radius of 450.00 feet, a central angle o of 41 ° 34'51 ", a long chord of 319.46 feet (chord bears 5 82 ° 31'14"W) for an arc length of 326.58 feet to a point of tangency; 9) S6l ° 43'50 "W for a distance of 154.29 feet to a point of curvature of a curve to the right; 10) With said curve to the right having a radius of 550.00 feet, a central angle of 56 ° 40'51 ", a long chord of 522.18 feet (chord bears 88 9 ° 55'47 "W) for an arc length of 544.10 feet 11) 561 °35'23 " tangency; fora a stance of 214.54 feet to a curvature of a curve to the left; Point of 12) With said curve to the left having a radius of 400.00 feet, a central angle of 61 ° 53'58 ", a long chord of 411.43 Feel (chord bears S87 ° 27'40"6) for an arc length of 432.14 feet to a point of tangency; 13) S56 ° 30'42 "W for a distance of 277.32 feet to a point, of curvature of a curve to the right; 14) With said curve t,0 the right having a radius of 450.00 feet, a central angle of 34 a long chord of 264.99 feel (chord bears 673 For an arc length of 268.90 feet to a point of tangency; 15) 0 89 ° 14'28 "W for a distance of 50.29 feel; 16) S °4 5'25 "W for a distance of 28.28 feet to the POINT OF 0£GIHNIIIG of the herein described TRACT ONE containing 10.7450 acres (468,057 square feel.) of land area. 10 Page 2of7 Page 3 of 7 BEGINNING at an iron rod set on the interior line of said l70•acre tract, same being an Interior line of said remainder of the 582.35 -acre tract and the west line hereof, from which the Point of Beginning of TRACT ONE bears S47 ° 42'39 "W a distance of 3379.41 feet; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) 11 59 ° 49'56 "W for a distance of 93.37 feet to a paint of curvature of a curve to the right; • 2) With said curve to the right having a radius of 541.03 Feet, a central angle of 47 ° 46'32 ", a long chord of 438.18 feet (chord bears 935 ° 56'41 "W) for an arc length of 451.13 feet to a point of tangency; 3) NI2 ° 03'32 "W for a distance of 135.00 feet to a point of curvature of a curve to the right; 4) With said curve to the right having a radius of 330.00 feet, a central angle of 38 ° 56'33 ", a long chord of 220.00 feet (chord bears N07 ° 24'52 "E) for an arc length of 224.29 feet to a point of compound curvature of a curve to the right; 5) With said curve to the right having a radius of 415.73 feet, a central angle of 31 ° 12'40 ", a long chord of 223.67 feet (chord bears N42 ° 29'29 "E) for an arc length of 226.46 feet to a point, of tangency; 6) 1 ° 05'50 "E for a distance of 392.61 feet to a point of curvature of a curve to the right; 7) With said curve to the right having a radius of 618.02 feet, a central angle of 32 ° 59'47 ", a long chord of 351.02 feet (chord bears N74 ° 35'44 "E) for an arc length of 355.92 feet to a point of tangency; 8) 58 8 ° 54'23 "E for a distance of 540.73 feet to a point of curvature of a curve to the right; 9 ) With said curve to the right having a radius of 1194.99 feet, a central angle of 06 a long chord of 145.86 feet (chord bears 585 ° 24'27 "E) for an arc length of 145.95 feet to a point of tangency; 10) 581 ° 54'31 "E for a distance of 53.78 feet to a 1/2 -inch iron rod set on the common interior line of said 170 -acre tract and said remainder of the 5 82.35 -acre tract for a corner hereof; iBRCI TWO THENCE with the aforementioned common line, S57 ° 46'50 "H for a distance of 92.75 feet to a 1/2 -inch iron rod set for a corner hereof; TliENCE leaving the aforementioned line and through said remainder of the 582.35 -acre tract the following described courses and distances to I /2- inch iron rods set: 1) N81 ° 54'31 "W for a distance of 16.95 feet to a point of curvature of a curve to the left; 2) With said curve to the left having a radius of 1134.99 feet, a central angle of 06 ° 59'52 ", a long chord of 138.53 feet (chord bears 11 85 ° 24'27 "W) for an arc length of 138.62 feel to a point of tangency; 3) N ° 54'23 "W for a distance of 540.73 feet to a point of curvature of a curve to the left; 4 ) With said curve to the left having a radius of 558.02 feet, a central angle of 32 ° 59'47 ", a long chord of 310.94 feet (chord bears 574 ° 35'44 "41) for an arc length of 321.36 feet to a point of tangency; 5) S ° 05'50 "W for a distance of 392.61 feet to a point of curvature of a curve to Lhe left; 6) 11i11, said Curve to the left having a radius of 355 73 feel, a central angle of 31 ° 12'40 ", a long chord of 191 39 feet (chord bears 54 2 ° 29'29 "V:) for an arc length of 193.70 fe to a point of Compound curvature or a curve to the left, 11 �o� 2005,; % VOL 2OO51'46E492 Page 4 7) With said curve to the left having a radius of 270.00 feet, a central angle of 38 ° 56'33 ", a long chord of 180.00 feet (chord bears S07 ° 24'52 "W) for an arc length of 183.51 feet to a point of tangency; 8) 512 ° 03'32 "E for a distance of 135.00 feet to a point of curvature of a curve to the left; 9) With said curve to the left having a radius of 481.03 feet, a central angle of 47 ° 46'32 ", a long chord of 389.58 feet (chord bears 535 ° 56'41 "E) an arc length of 401.10 feet to a point of tangency; 10) S59 ° 49'56 "E for a distance of 101.30 feet to a 1/2 -inch iron rod set on the common interior of said I70 -acre tract and said, remainder of the 582.35 -acre tract for a corner hereof; THENCE with the aforementioned common line, 537 ° 41'39 "W for a distance of 60.52 feet to the POINT OF BEGINNING of the herein- described TRACT TWO containing 3.4506 acres (150,308 square feet) of land area. These field notes are a result of an on -the- ground survey, record information and calculated points under my direct supervision. 3' -`1j()c ° Oonald E. Sigety Registered Professions Su veyer No. 4807 DES:ek June 12, 1990 Revised 08/20/90 Job No. 601 - 013 -11 12 1'0// 5 7 o B . /co /9O Page 4 of 7 CURVE OATA CURVE CENTRAL RADIUS 700 7EHT ARC C80.20 ,,,, I 2EJ?IVC 0 34'14'51 330.00' 101.67' 197.25' 194.33' 87735'07 E 0 3414'51' 450,00' 138.64' 268.96' 264.99' 57736'778 i 0 61'53'56 400,00' 239,67' 432.14' 411,43' 0872747 ° ' U 61•53'56• 520,00' 311.61' 561.76' 534 66' 8872747.E 0 0 ° 5040'51' 430.00' 231,92' 425.38' 408.25' 06755'47: n 5040'51' 550.00' 296.65' 544.10' 522.16' 86035'47 • 0 41'34'55' 450.00' 170.83' 326.58' 319.46' 08:31 - 41'34'51' 570,00' 216.41' 413.66' 404.64' 146731'14'3 • nI Ij a` I ' B J ° h i \M1I 4 9 J • h' 0 O a' f 1 j 45 4EP4RE0 ST. =. f E SICE7 c N ::.5: -RED PROFESSIONAL LA SURVEYOR .R6-.L.4.1,603/00/9C3 :90 .O.L - MLLE ROAD 5 07 .5 76759 • S 18 884 41' _ nBB ° 38 ' 38 "W 2 2 0 0g op', • 7 :il, • �J REMAINDER PORTION OF THE ORIGINAL BEN FRANKLIN 582.35 ACRES DESCR- IBED IN VOL. 1020, PG. 812 70.178 ON /0,74'50 ACRES • N ; / / Sketch to Accompany a Field Note Description \ 3127 OF a Cdr40 REMAINDER PORTION OF \ ^ n„J210 ROCK / "A of Traci One, 10,7450 acres and Tract Two, 3.4506 \ ROCK, 80 19 582.35 ACRES �>, 1853 „ , / n .° 4 acres dedicated for right•of -way purposes being \ \P6 7 1817 29'J r /4 .P.. our of and pan of the remainder po7ion of that 1590 ° 00'00 "w - 15000') / LS L certain 582.35-acre tract of land described in the 1 828 °33'64 "W - 70.26'1 L ▪ 7 / 0)1 s of Williamson Counry, Texas. 71') 10' 05 ° REMAINDER PORTION OF 4. CA, 582,35 ACRES SCALE• I "1 200' L F 0 F N 0 • IRON Roo 10 um O MOH 805 SET I 1 REC060 INFORMATION • 0411? 1 OF JOB 0' 651•013•1. 0048811 L w n Baker- Aicklen G Associates, Inc • • . 1 C 3 / SHIE 1 Cr( LINE / 21�v — ' , ..,e',,, — ' , ..,e',,, (50 °00 '00 "W - 12500) MAT �(/ _ � 130' ) fJ \ ° Iy, N O ° 00. 00 " E 7- \ t CI TV O NOU , NOC1C / OB \� 69.9 ��3° %. �\ 6' • \R'/ , / ▪ (e �y •o\0. 0 0 56 ' W r. n \ 0 Oa a 49 9 .+ �\ \� 4� B ft� 200 N591j0 h OP ( 112.39') • (957 1 110 00') � 30° 34'45 "6) (127,77') • RRE °4R °.D BY • Qq " 510077 U RECi - 6 CREO PR0r :5S10N41 `4 SURVEYOR B/� //7O 7 LE Roe° U$Ne. °5 iB759 REMAINDER PORTION OF THE ORIGINAL BEN FRANKLIN 582.35 ACRES DESCRIBED IN VOL. 1020, PG. 812 Sketch 10 Accompany a Field Note Description of Traci One, 10,7450 acres and Tract Two, 3,4506 acres dedicated for right -o( -way purposes being out of and pan of the remainder portion of that certain 582.35•acre tract of land described in the Official Records of Williamson County, Texas. • EXHIBIT "A" REMAINDER PORTION OF 582.35 ACRES CURVE DATA CURVET CEMRAI 1 N0. ANGLE RADIUS ITANGENTI MC CHORD I C`'p'•' • 0703'49' 290,00' 3 92 , 37' 541,90' 466.43'1 N4 '4,C i � 945•4.' O 10703'49' 350.00' 4 73.551654.01. 654.01' 562.93' 1 5.9.5'• +' ° O 2731'39 650.00' 159,22' 312,29' 309.29 I 0 2731'39' 710 00' 173,92' 341.12' 337,84' I 141000 *.1 : • 83'36'25' 420,00' 375.57' 072,87'1559.93'1 -T' O 8336'25' 460.00' 429,22' 1700.42' 1 639.91'1 51[01 ".'( I SHEET 2 0 3 JOB N0. 601.75•,. 066W6• 1, & Associates, In0. • E.MA/N05? PORTION OF 582, 35 ACRES „rr zz • • TRA CT TWO - 3.4506 ACRE'SI REMAINDER PORTION OF THE ORIGINAL / BEN FRANKLIN 582.35 ACRES DESCRIBED •• E IN VOL,1020, PG. 812 o j N ,, u L 0) (930.64'7 ? /h0 M1 QE , t L �O C 1c30 O P :1 3� , — C s'e V P 5 /� v 0�• 1 ° ;ro 9 f` 0° i O IN 37 0 41'39 "51 1139.01'1 Sketch to Accompany a Field Note Description of Tract One, 10.7450 acres and Tract Two, 3.4506 acres dedicated for righl.01 -way purposes being out of and pan of the remainder portion of that cenain 582,35 -acre tract of land described in the I Official Records of Williamson County, Texas. I I L02 10 2 / LOT 155 I s40,73i4r 1 142 OAK BLUFF ESTATES PHASE 2 1 / CAB. F, _ SL, 253 r355,3 E7 • REMAINDER PORTION, OF • 582.35 ACRES 7012,110 5 SILETT �/ REGi57E4E0 rR07E5510NnL LA'�10 SWIvrrOR-7 ' 110 ..007 -SQ.' 9111 JOLLY,LLE 110A0 SuilE 107 .57..7E1.65 70759 • LOT 156 oSq '48 ' ▪ • 3 . j a 3J. .� " (• " s r69 S' 9 �'T3• ?9 / CPl /S EXHIBIT "A" 90 • CH0, CENTRAL C0 8401135 1,NcEM1 400 N0. JI 4746'37 441.03' 213.04' 1 4 01,10' 541.03' 239,61' 451.13' a e 42'46'32' 36 38 31'12'40 31 32'59'47' 32•59•47' 6'59'52' 6'59'52' CURVE' DATA 99,36' 193,78' 330,00' 116.87' 224 29' 270,00' 95,48' 163.51' 355.73' f 410,73' 116.12' 1226.45.1 818,07 183,05' 1355 92' 558,02' 165.27' (321,36' 1134.99' 69,40' 136.62'1 1194.99' 73,06' 1 145,96'1 220,00' 180.00' 0072 CHORD 1 CNCAO BFwRInO 369,58' 153056'.1'5 436.18' N35'56'4:'rr I 50774 191.39' 64729 223,67' 84729'27 351.02' 474•35 316,94' 574 138,53' NB5'2 <•27'n 145.86' 585'2''27' , SKEET 3 07 3 706 .•0. 601• 013. ,' DRAnN- L,'J r C3/aO /gO , Baker•Aicklen 11I�LI 6 Associates, Inc. ' JJII [o ■Svt I,.G t 1 -3 • VOL 2005P GE AGREEMENT between THE CITY OF ROUND ROCK and FRANKLIN CAPITAL CORPORATION P.U.D. No. FOUR EXHIBIT "B" to City of Round Rock Ordinance No. / 97 This exhibit contains sixty-five pages plus two unnumbered notary pages • voL2005PA 6 E 497 This agreement ( "Agreement ") is made the 0 l day of InQh.J , 19.j between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereinafter called the "City "), and Franklin Capital Corporation, • its successors and assigns, whose address for purposes hereof is P.O. Box 1723, Austin, Texas, 78767 (hereinafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Franklin Capital Corporation, its successors and assigns; provided, however, that upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Franklin Capital Corporation as to such property shall be assumed by the new owner, and Franklin Capital Corporation shall have no further liability relating to such property, except as • described in Sections 3.5, 3.6 and 3.7 of this Agreement. • • P.U.D. No. 90 -5501 WHEREAS the Owner has requested a planned unit development from the City for the development of 398.16 acres of land for a mixed residential development and two limited commercial /institutional sites; on a tract of land located within the corporate limits of the City and more particularly described by metes and bounds in Exhibit "A" attached hereto and made part hereof (hereinafter called "the land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316(8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ( "Development Plan ") to the City containing terms and conditions for the use and development of the land; and, WHEREAS the Development Plan complies with the provisions of the concept plan approved by the Planning and Zoning Commission on September 7, 1989, and, WHEREAS the Development Plan complies with the provisions of the Round Rock General Plan 1990; and WHEREAS the City has held two public hearings required by law on a. /7/9r , and 41 L I . to solicit input from all interested citizens 1 • rot 2OO5Pna498 and affected parties; and WHEREAS the Planning and Zoning Commission has recommended approval of the P.U.D. zoning on ,4•12.../) 7 1991 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; and WHEREAS, the City and the Owner have previously entered into a Dedication and Development Agreement dated September 28, 1989, as amended (the "Development • Agreement "); and WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Owner covenant and agree as follows: 1. LIENHOLDER CONSENT The Owner is the sole holder of fee simple title to the land. 2. DEVELOPMENT AND USE 2.1 Development Parcels The land has been divided into 19 development parcels (parcels) for the purpose of regulating subdivision and development. These parcels are shown on Exhibit "C" attached hereto. To the extent such parcel descriptions conflict with the descriptions set forth in the Development Agreement, the parcel descriptions contained in this Agreement shall control. 2 VOL 20 05Ph6E 499 These parcels may be developed for residential and limited commercial or institutional uses as outlined in Exhibit "D ", attached hereto. 2.2 Living Unit Equivalents The total development of the land shall be limited to 1500 living unit equivalents (L.U.E.) calculated in accordance with the ratios outlined in Exhibit "E ", attached hereto. 2.2.1 Assigned Density The development of each parcel shall not exceed the assigned density shown on Exhibit "D ", except where modified within the limited provisions of this agreement. 2.2.2 Modification of Assigned Density The assigned density of a parcel may be increased to a density not to exceed the maximum density for that parcel shown on Exhibit "D "; provided that any increase in density for one parcel is offset by corresponding decreases in density for one or more other parcels, in accordance with Section 2.4 of the Development Agreement. Qualifying modifications of assigned densities will be granted in writing by the Director of Planning. When such a modification is granted, it shall state where assigned densities shall be reduced to offset the increase requested. When a modification of an assigned density is granted, the assigned densities of all affected parcels shall be amended accordingly on Exhibit "D ". 2.3 Special Conditions All development and subdivision shall meet the special conditions for all parcels outlined in Exhibits "D ". To the extent such special conditions conflict with any special conditions set forth in the Development 3 • • VOL2OOu Agreement, the special conditions set forth in this Agreement shall control. 3.0 STREETS 3.1 Public Streets • The collector street system for the land shall include, as a minimum, the collector streets shown on Exhibit "F" attached hereto. All local public streets shall be constructed in strict compliance with the City subdivision ordinance requirements except where: (a) a modified standard is approved by the Director of Public Works and the Fire Chief of the City in accordance with the criteria outlined in Exhibit "G ", attached hereto and made part of this Agreement, or (b) Owner obtains approval of alternate standards pursuant to the provisions of Section 2.4(g) of the Development Agreement. 3.2 Private Street Standards The Owner shall have the option to designate streets, other than those which function as collector or arterial streets, as private streets and construct these facilities to modified standards approved by the Director of Public Works and the Fire Chief. All plats submitted with private streets shall be accompanied by documentation to create a homeowners association, which shall be responsible for maintaining all private streets and their rights -of -way in perpetuity. The property owner shall provide all necessary easements to service and maintain utility lines within private street rights -of -way and shall hold the City harmless for any damage to streets required to maintain or repair such facilities. The property owner shall also grant the City and County right of access on or over all private streets for all purposes deemed required by the City or 4 County. voL2OO5p 6501 3.3 Dedication of Right of Way for Widening County Rd. 122. The property owner shall dedicate to the City, at no cost to the City, additional right of way adjacent to the eastern boundary of the existing right of way of County Road 122 to provide 60 feet of right of way measured east from the existing centerline of the road, for the purpose of future roadway improvements. This shall be dedicated concurrent with the first plat approved for the land. 3.4 Dedication of Right of Way for Golf Course Access Road The property owner shall dedicate to the City, at no cost to the City, a right - of -way containing the Golf Course Access Road, as generally described in Appendix "2" to Exhibit "A ", within thirty days of approval of this agreement by the City Council of the City of Round Rock. 3.5 Construction of Golf Course Access Road The City shall construct, at its sole cost, a twenty -five (25) foot wide roadway, plus two eighteen (18) inch concrete ribbon curbs as shown on Exhibit "H" (the "Golf Course Access Road ") prior to the opening of the Forest Creek Golf Club (the "Golf Course "). The Owner, as defined in Section 3.7 hereof, shall construct at its sole cost a second twenty-five (25) foot wide roadway plus two eighteen (18) inch concrete ribbon curbs from County Road 122 east for a distance of three thousand (3000) feet from its intersection with County Road 122 and parallel with the road known as Forest Creek Drive, as shown on Exhibit "H" (the "Second Golf Course Access Road "). Construction of the second golf course access road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the final plat containing the 600th L.U.E. out of the land. An irrevocable letter of credit in the form and amount required by the City for the paving and 5 voL2005 drainage associated with said roadway shall be posted with the City on or before the date of approval of the final plat containing the 600th L.U.E. out of the land. 3.6 Construction of Second Access Road to County Road 122 The Owner, as defined in Section 3.7 hereof, shall construct a twenty -five (25) foot wide roadway plus two eighteen (18) inch ribbon curbs from Country Road 122 east approximately 2,500 feet to the Golf Course Access Road known as Forest Creek Drive, as shown on Exhibit "H" hereto (the "Second Access Road "). Construction of the Second Access Road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the final plat containing the 400th L.U.E. out of the land. An irrevocable letter of credit in the form and amount required by the City for the paving and drainage associated with said roadway shall be posted with the City on or before the date of approval of the final plat containing the 400th L.U.E. out of the land. 3.7 Obligation to Construct As used in the foregoing Sections 3.5 and 3.6 only, the term "Owner" shall mean Franklin Capital Corporation ( "Franklin ") or any subsequent owner of all of the land. In the event Franklin should sell the land in parcels of less than the whole of the land, the obligation to construct the Second Golf course Access Road and the Second Access Road shall remain with Franklin, unless the assumption of such obligation by another party is expressly approved by the City. Franklin shall have no further obligation to construct either the Second Golf Course Access Road or the Second Access Road if Franklin sells all of the land to another owner, who shall then assume this obligation from Franklin, and provides written notice thereof to the City; or if Franklin sells a portion of the land to a subsequent owner who assumes the obligation to construct such roadways, provided such assumption is approved, in writing, by the City. 6 V0L 2OO5PAOE • 4.0 ACCESS • 4.1 Each development parcel, as shown on Exhibit "C ", shall have a minimum of two separate and distinct all weather access points served by public collector roadways. 1 3.8 Construction of All Other Roadways The construction of all other roadways shall be the sole responsibility of the Owner. 4.2 Two twenty -five (25') foot collector roadways plus eighteen (18) inch concrete ribbon curbs shall be provided from parcel "Q" to the Pfluger Tract, as shown on Exhibit "F". The cross section of each of these collectors may be reduced to twenty -two (22) feet plus eighteen inch (18 ") ribbon curbs if they will ultimately serve less than one hundred fifty (150) dwelling units. 4.3 Except as shown on Exhibit "F ", attached hereto, no access shall be provided to any tract lying south or east of the land, either directly or indirectly. 4.4 The City shall permit the Owner street access across the Golf Course, at points between greens and the next tee, as shown on Exhibit "F", to parcels " D" and "P ", and in accordance with the terms and conditions outlined in the Land Use Agreement for Golf Course Tract, dated September 28, 1989 (the "Land Use Agreement:). 4.5 Access to major collector street shall be restricted as shown on Exhibit "J" attached hereto. 5. STORMWATER DETENTION Stormwater management and detention for the land has been designed and constructed into the Golf Course pursuant to the Development Agreement 7 VOL2005P authorized by Council's Resolution 1340R. Except as provided in Section 2.2 of the Development Agreement, all existing or future storm water management and detention requirements applicable to the land have been satisfied, as more fully describd in the Development Agreement. • 6. DRAINAGE Drainage plans required for the development of a parcel due to the particular development thereon shall be accompanied by full and complete engineering data, as determined by the City Director of Public Works, necessary to determine the ability to carry the anticipated 100 year design storm flow based on fully developed drainage calculations for the parcel and any upstream areas which would drain through the parcel. No regional storm water management or • detention fees will be imposed in connection with development of any parcel, it being acknowledged that the Owner's obligation with respect thereof has been satisfied, as more fully described in the Development Agreement. Any request to the City Council for modifications of the standards contained in the City's stormwater management ordinances may be granted only upon receipt of sufficient engineering data, to the satisfaction of the Director of Public Works, that appropriate design and maintenance standards have been met. The Owner shall be permitted to overflow the roadway to be constructed between Parcel A and Parcel B which shall include a low water crossing for a collector road in accordance with Section 3.1204 of the Code of Ordinances of the City. 7. PARKLAND DEDICATION All existing or future City parkland dedication requirements for the land have been met in full through the prior dedication of 170 acres of land for a golf course to the City pursuant to the Development Agreement authorized by Council Resolution 1340R. The terms and conditions of this dedication are unaltered by this Agreement. 8. APPLICABILITY OF CITY ORDINANCES 8.1 Zoning and Subdivision 8 • 9. COMPATIBILITY OF AGREEMENTS The provisions of the Development Agreement dated September 28, 1989, as amended, shall apply to the land except where clearly modified by this Agreement. This agreement does not negate or modify, except where specifically stated, any other agreement, pertaining to the land, previously executed by the Owner and the City. However, to the extent that any provisions of this Agreement conflict with any provision set forth in the Development Agreement, the provisions of this Agreement shall control. • VOL 2005P„E505 The land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement, the Development Agreement or the Land Use Agreement or clearly modified by the intent of this Agreement, the Development Agreement or the Land Use Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 8.2 All Other Ordinances All other City Ordinances shall apply to the land except where clearly modified by this Agreement, the Development Agreement or the Land Use Agreement. 10. DESIGNATED CONCEPT PLAN Exhibits "C ", "D ", and "F" attached hereto constitute the Concept Plan required by the City Subdivision Ordinance and revise the concept plan approved by the Planning and Zoning Commission on September 7, 1989, a copy of which is attached hereto as Exhibit M. Such revised concept plan is hereby approved by the City. 11. COMPATIBILITY STANDARDS This Development Plan indicates the desired relationship of land uses, interior circulation and access between the Golf Course and the contemplated development of the land. One (1) of the primary purposes of this Agreement is 9 V 0L2OO5Pn0E50 6 to insure that land is developed and maintained in a manner which will maintain compatibility and overall visual continuity between the Golf Course and the adjacent development due to their interrelationship and close proximity. Accordingly, the City shall have flexibility in imposing reasonable requirements and conditions relative to the siting and design of improvements on the land consistent with the established design precepts as reflected in this Development Plan and the approved concept plan, development guidelines, additional development guidelines and performance standards for the land, as set forth in the Development Agreement. It is the intent of the City and the Owner that the development of the land shall be of a quality which is compatible with the adjacent Golf Course and consistent with first class country club developments which prevail in the area. Accordingly, building design standards applicable to each parcel, which shall address landscaping, the minimum square footage of any uses, and permitted building materials, shall be incorporated into restrictive covenants which shall be submitted to the City for approval at the time a preliminary plat covering such parcel is filed with the City as a part of the platting process applicable to such parcel. The City's approval shall be granted consistent with the statement of intent set forth above, and shall not be unreasonably withheld or delayed. Such restrictive covenants shall be recorded by the Owner, its successors and assigns, at the time a final plat covering such parcel is recorded. It is intended that the proposed building design standards applicable to any parcel shall be reviewed by the City taking into consideration current market conditions and preferences which are consistent with the desired quality development, and it is understood that prevailing market conditions and circumstances may change with time. 12. DESIGN STANDARDS FOR FENCES All fences constructed within twenty-five (25) feet of the boundary of major 10 13. UNDERGROUND ELECTRIC AND UTILITY LINES Except where approved in writing by the Director of Planning and the Director of • Public Works, all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines and overhead lines, three - phase or larger, located around the perimeter boundaries of the land, shall be installed underground. 14. CHANGES TO THE DEVELOPMENT PLAN After this Development Plan has been accepted and approved by the City • Council, any substantial alterations in excess of those allowed in Exhibit "D" shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of this Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his sole discretion, determine what constitutes a substantial change. 1 VOL 2005P„C1507 collectors or the boundary of the Golf Course shall be constructed to the standards outlined in Exhibit "I" attached hereto. 15. ADDITIONAL RESTRICTIONS Compliance by Owners. Each property owner shall comply with, or cause to be complied with, the following additional restrictions and covenants, which restrictions and covenants shall be incorporated into the restrictive covenants submitted to and approved by the City, pursuant to paragraph 11 hereof. 15.1 Temporary Buildings. No tents, trailers, vans, shacks, tanks, temporary accessory buildings or structures shall be erected or permitted to remain on the land; provided, however, that the foregoing shall not restrict or prevent the construction and maintenance of temporary facilities as are 11 VCL 2OOO5 ?act508 essential to the development and construction of the subdivision or used as a sales office in connection with the sale of portions of the land, provided the design and period of use of such sales office are approved by the Director of Planning of the City, which approval shall not be unreasonably withheld or delayed, all such temporary facilities shall comply with the requirements of applicable governmental agencies. 15.2 Mineral Extraction. No portion of the land shall be used for the purpose of boring, drilling, mining, quarrying, exploring for or removing oil, gas, coal, coal tar or other hydrocarbons, minerals, gravel, rock, cement, limestone, sand or earth; provided, however, that nothing contained herein shall prohibit or restrict removal of fill or earth materials to construct the subdivision in accordance with this Agreement. 15.3 Outdoor Storage. No outdoor storage of any nature shall be permitted within any front yard or any yard area which abuts the Golf Course. The storage of up to two cords of firewood is exempted from this restriction in a rear or side yard only. 15.4 Weeds and Underbrush. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the land and no refuse pile or unsightly objects shall be allowed to be placed or permitted to remain anywhere thereon. In the event the property owner shall fail or refuse to keep, or cause to be kept, such owner's property or any improvements thereon free of weeds, underbrush, sight obstruction, refuse piles or other unsightly growths or objects, and such failure or refusal shall continue for fifteen (15) days after delivery of written notice thereof, then the City may enter upon such property and remove or correct the same at the expense of the property owner and such entry shall not be deemed a trespass. Notwithstanding the foregoing provisions of this section to the extent the matters the subject of this section are the 12 VOL 2005P„GE5O9 subject of currently effective ordinances of the City, the City shall enforce said ordinances in accordance with the terms and provisions thereof. 15.5 Vehicle Parking. To the extent reasonably practical, the property owner shall restrict, limit or prohibit the use of any driveway or parking area which may be in front of, adjacent to or visible from any part of the Golf Course as a parking place for commercial vehicles, trailers, recreational vehicles, self - propelled motor homes, motorcycles and boats; provided, that, to the extent the requirements set forth in the immediately preceding portion of this sentence cannot be accomplished in a reasonably practical manner, said driveways or parking areas shall be screened in a manner reasonably satisfactory to the City's Director of Planning. Overnight parking of automobiles, trucks or commercial vehicles or storage of trucks or commercial vehicles in excess of three - quarter ton rated capacity on any portion of the land in front of or adjacent to and visible from the Golf Course, except in enclosed buildings, is prohibited. No unregistered or inoperable motor vehicle or trailer of any kind may be disassembled, serviced, repaired or stored on the land, except in an enclosed building. 15.6 Swimming Pools, Tennis Courts and Sport Courts. Any swimming pool, tennis court or sport court, and the screening or fencing of such, to be constructed on the land adjacent to and visible from the Golf Course shall be subject to the approval and requirements of the City, which shall include, but which shall not be limited to, the following: (1) above ground swimming pools will not be allowed and, (2) the materials, design and construction thereof shall meet standards generally accepted by the industry and shall comply with regulations of all applicable governmental agencies, and shall meet all fence and setback criteria established by this agreement and city ordinances. 15.7 Accessory Buildings: Accessory buildings shall not be permitted in any yard area which abuts the Golf Course. 13 • VOL 2OO5PAbE51O • • 16. HOLD HARMLESS It is acknowledged that golfers from time to time will hit stray golf balls on to the land. Therefore, the restrictive covenants set forth on Exhibit "K ", attached hereto, shall be placed of record in the Deed Records of Williamson County, Texas, at the time any plat containing lots located within • fifty feet (50') of the Golf Course is recorded, and such restrictive covenant shall be noted as a plat note on each plat containing lots within fifty feet (501 of the Golf Course. No plat shall be approved without adequate reference to this requirement together with the necessary restrictive covenants. 1 15.8 General Signage Standards. All signs visible from the Golf Course (both temporary and permanent) shall be constructed for low maintenance and shall be approved in advance by the City. In the event a sign is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made within five (5) business days of notification or City shall have the right, but not the obligation, to have repairs made and charged to the sign owner. Prohibited signs include bench signs; billboards; banner signs; signs with flashing or blinking lights or mechanical movement; dayglo colors; signs which make or create noise; animated moving signs; exposed neon, fluorescent or incandescent illumination; painted wall signs; pennants; trailer signs; signs with beacons; and any sign that obstructs the view in any direction of an intersection. 17. Appendix 1 and 2 to Exhibit "A" may be substituted by the City Attorney with revised field notes describing the Golf Course and the Golf Course access road when the deed to the Golf Course Access Road and the replacement deed for the Golf Course are prepared. 14 VOL ait iO NGi 51 1 18. DEFINITIONS Definitions shall be standard definitions as defined by Blacks Legal Dictionary except where specifically defined in Exhibit "L ", attached hereto or, where applicable, as specifically defined in the Development Agreement. • 19. EXHIBITS Exhibits "A" through "M" attached hereto are part of this agreement. 20. ENTIRE AGREEMENT AND MODIFICATIONS. This Agreement, the Development Agreement and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither • this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the City or its designated representative, as set forth herein, and the then owner of the portion of the land affected by such waiver, modification, amendment, discharge or termination. 21. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 22. CAPTIONS. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 23. SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement. In such event, such illegal, invalid or unenforceable provision shall be replaced with a provision which as nearly as possible fulfills the intent of the severed provision, but is not illegal, 15 24. GENDER OF WORDS. Words of any gender shall include the other gender • where appropriate. 26. STATUS OF PARTIES' RELATIONSHIP. Nothing in this Agreement shall be • construed to make any party the partner or joint venturer of or with respect to any other party. D VOL 2OO5PAGE invalid or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provisions or by its severance from this Agreement. 25. BINDING EFFECT. This Agreement will inure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 27. COUNTERPART EXECUTION. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. 28. AUTHORITY. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. 16 YOL2OO5P „GE513 • ATTEST: 17 CITY: CITY OF ROUND ROCK, TEXAS Date: By: By MIKE ROBINSON Mayor FRANKLIN: FRANKLIN CAPITAL CORPORATION, a Texas corporation .N•RMAN,III President Date: //,0/ • VOL 2OO5PAGE514 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * This instrument was acknowledged before me on the Ol — day of ra by Mike Robinson, Mayor of the City of Round Rock, Texas. °`.• « .,. CHRISTINE R. MARTINEZ . a Notary public, State of Texas My Commission Ex fres 19 JUNE 22, D 93 Notary Public, State of Texas Name Printed: C /]1RI57/v6 ie. /f4L"TA &2 Commission Expires: 93 THE STATE OF TEXAS COUNTY OF TRAVIS Name Printed: Commission Expires: VOL 2O05P „6i This instrument was acknowledged before me on the (0 day of o / 19/1, by J.S. NORMAN, III, President of Franklin Capital Corporation, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas 19;noe /4 £.l2jorris II D VOL2OO5PAU EXHIBIT "A" This exhibit describes the developable land as follows: Original Franklin Tract 582.35 Acres Less Golf course (Appendix 1) 170.00 Acres Less Golf Course Access Road (Appendix 2) 14.19 Acres • AREA DESCRIBED 398.16 Acres 18 EXHIBIT "A" t Page 1 of 3 FIELD NOTES FOR A 398.16 ACRE TRACT OF LAND: rni 1420 PALO 15 - 9 550 . FIELD NOTES FOR MR. 808 CLARK: 011NC 582.35 acres of land. of which 237.13 acres are situated in che E. W. Matthews Survey, Abscract'00. 449 end 345.22 acres are sicuated in the John H. Randall Survey, Abstract No. 531 in Williamson County, Texas; said land being a portion of that certain First Tract, called 640 acres, s, and Second Tract, called 289 acres, as conveyed to Otto C. Pfluger by deed as recorded in Volume 347, Page 574, of che Deed Records of Williamson County, Texas, and chat certain tract of land, called 100 acres, as conveyed to Otto C. Pfluger by deed as recorded in Volume 355. Page 394. of the Deed Records of Williamson County. Texas. Surveyed on the ground in che wench of January, 1984. under the supervision of R. T. Hagness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin set at a fence corner on the East line of County Road No. 122, and being the N.W, corner of the above - referenced 100 -acre Pfluger tract. for the H.W. corner hereo(;.said point being on or near the North line of che John H. Randall Survey, A -531; THENCE, vich a fence along the North line of the said 100 -acre Pfluger and along or near che said North line of the John H. Randall Survey, A -531, as follows: S 89' 34. 30" E, 925.10 feet to a 400 nail ae,; S 89' 06' 30" E. 1019.51 feet co an iron pin found; S 89' 15' 30" 1, passing the H.E. corner of the said 100 -acre Pfluger crate and che most northerly N.E. corner of the above- referenced Pfluger Second Tract, and continuing with a fence (he North line of the s,,id•Pllugcr Second Tract, for a Local distance of 1021.61 feet. in all, to a 40d nail set; S 88' 53' E, passing by o r ear the N.E. corner of che said John H. Randall Survey and che 0.W. corner of che E. W. Macchevs Survey, A -449. being the N.E. corner of the said Pfluger Second Tract and the N.W. corner of the above - referenced Pfluger F(rsc Tract, and continuing vich the fence along the North line of the said Pfluger First Tract and along or near the North line of the said E. W. Matthews Survey, for a total distance of 1031.93 feet. in all, to an iron pin found; 5 88' 50' E. 381.12 feet co an iron pin sec a8 a fence corner and 5 89' 13' E, 503.24 feet to a metal post, for che' most northerly N.E. corner hereof; THENCE 5 12' 04' W, 612.04 feet to an iron pin set; S 48' 10' W, 766.74 feet to a 40d nail sec in a fence, and 5 9' 57' 30" W, 425.53 feet, with the said fence, to an iron pin sec for an interior corner hereof; THENCE 5 89' 17' 1, 3241.38 feet to an iron pin sec in a fence on the Fast line of the said Pfluger First Tract, being on ear the Easr line 91 chi E. W. Hocchevc Survey, for the most easterly N.E. comer hereof; THENCE, with a fence along che said Ease line of the Pfluger First Tract, and along or near the said East line of the E. W. Matthews Survey, as follows: S 0' 48' W. 437.70 fee, co an iron pin s y at a fence corner and S 0' 45' 30" W, 1533.03 feet to an iron pin Set, for the most easterly S.E. corner hereof; THENCE N 89' 17' W, 2581.89 feet to an iron pin set for an interior corner hereof; THENCE 5 0' 43' W, 1512.14 (e08 co an iron pin found at a fence corner for the most southerly S.E. corner hereof; THENCE, vich a fence, N 89' 19' W, 1125.00 feet to an iron pin set on or near the common line between the said E. W. Hattheus Survey and the John H. Randall Survey, being the common line between the said Pfluger First Tract and the said Pfluger Second Tract, and . /�l —{IB1 '{ Page 1 of 2 Job Nro1205 ` B Gtc9cr t Bi37n inc. f VOL 2005P„Of i �Ul 19 VOL 2005PAGE518 • • 1020 PALC 816 9 0 5 5 0 • • FIELD NOTES FOR MR. BOB CURB, Cont. 5 87' 03' 4. 163.99 feet to an iron pin found for the most southerly . S.W. corner hereof; - :•t: THENCE N 1' 23' 3n r 431 .50 .___ an found . corner hereof; 20 • (HENCE N 08 56' 30" 4, 1106.09 feet to an iron pin found marking the S.E. corner of Jackrabbit Subdivision, a'Subdivision of record in Cabinet E. Slides 213 - 214 of the Piet Records of Williamson County, T<Ras. (or a southwesterly corner hereof; ONLNCE N 0' 58' 30" E, 790.36 feet to an iron pin found marking the R.C. corner of the said Jackrabbit Subdivision for an interior corner nereof; THENCE N 68' 41' 4, 2404.80 feet to an iron pin found on the said East line of County Road No. 122, marking the N.V. corner of the said Jack- rabbit Subdivision, for the most westerly S.W. corner hereof; '(HENCE, with a fence, along the said Ease line of County Road No. 122, as follows: N 0' 43' E, 1443.73 feet to a 40d nail • ; N 0' 36' E. 1822.83 feet to an iron pin set; N 76 26' 30" E, 40.50 feet to no iron pin set; 11 6' 38' 30" 4, 259.14 feet to an iron pin set and N 1' 07' E, 255.13 feet to the place of BEGINNING and containing 582.35 acres of land. Page 2 of 3 SAVE AND EXCEPT a certain 170 acre tract described in Appendix 1 to this Exhibit, and a certain 14.19 acre Tract described in Appendix 2 to this Exhibit. • VOL 2O95P„GE • • • NOTE: The above - described tract of land is subject to a 10 -foot -vide Public Utility Easement along and 10 feet South of the entire most northerly North line. The above - described tract of land is subject to an easement to Brushy Creek Water Control and Improvement District No. 1 of Williamson and Hilam Counties of record In Volume 430, Page 643 of the•Deed Records of Williamson County, Texas. STATE OF TEXAS 1 COUNTY OF WILLIAHSON I • (f Nev2 sod 4 -9 -R4 for N KNOW ALL HEN BY THESE PRESENTS: I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that the above- described tract. of land was surveyed on the ground under my personal supervision during the, conch of January, 1984, and that said description is.crue and correct to Iche best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and .seal at Georgetown, Williamson County, Texas, this the 12th day of January, 1984, A.p. . 7' as . Magness, Jr. Regis fir' / . 1433 t a A. 1. 81.1 8680. If 1 . NOTL: Access to a 100.00 acre tract in the N.E. corner 14]] of the said P(luger First Tract 1s along an sZ.M.S...,.,.' :: e e.fsting Pasture Road or as shown, said access . �� /C'SUPS %� to be 60 feet vide. - EXHIBIL A 6t.9./ el33oLL. Lmb. e e, 0.110tw. ataa0n0.4. *1/321 21 • Page 2 of 2 ' Job No 92 OSO c Page 3 of 3 • • • • VOL 2OO5PAOE52O FIELD M211 APPENDIX 1 TO EXHIBIT 'A' Page 1 of 4 BEING 170.00 acre. of land out of the E. W. 11atthens Survey. Ahatrael No. 449. and the John H. Randall Survey. Abstract Na. 531, Williamson County, Texas. and being a part of that certain 582.35 acre tract of land described in a deed la nen Franklin Corporation recorded in Voltne 1020 at Page 812, Official Records of Williamson County, and being more particularly described by metes and bounds as felons; BEGINNING at the northeast corner of said 582.35 acre tract. said point also being the southeast corner of Oak sluff Estates. Phase 2. • subdivlalon of record filed in Cabinet F. Slide 253, Plat Recorda of Wlilavreon County; THENCE S 11° 59' 28" If a distance of 610.09 feet to an iron rod found; THEME S 48° 10' 52" W a distance of 766.87 feet to an iron rad found; TI6026CE S 09° 53' 59" W a distance of 425.73 feet to en Iron rod found; 711F2 E S 89° 17' 00" E a distance of 490.00 feet to an iron rod set; T11F.ICE, traversing the interior of said 587.35 acre tract, the following described courses and distances to iron rods set: (1) S 00° 00' 00" W a distance of 170.00 feet: (2) S 77° 12' 11" E a distance of 395.39 feet: (3) 16 89° 04' 33" E a distance of 620.08 feet; (4) S 78° 10' 19' E a distance of 975.72 feet; (5) S 50° 31' 39" E a distance of 110.11 feet; (6) S 26° 33' 54" E a distance of 223.61 feet; (7) S 05° 42' 38" W a distance of 201.00 feet; (8) S 15° 15' 18" E a distance of 342.05 feet; (9) S 20° 33' 22" W a distance of 128.16 feet; (10) S 56° 18' 36" W a distance of 90.14 feet; (11) S 25° 20' 48" W a distance of 210.24 feet; (12) S 90° 00' 00" W a distance of 110.00 feet; (13) S 56° 18' 36" W • distance of 144.22 feet; (14) N 72° 58 35" W a distance of 920_49 feet; (15) N 79° 41' 43' W a distance of 559.02 feet; (16) S 64° 58' 59" W a distance of 165.53 foot; (17) S 18° 07' 09" W a dlatance of 578.71 feet; (18) S 39° 56' 11" W a distance of 560.80 feet; (19) S 62° 14' 29" W a distance of 107.35 feet; (20) S 90° 00' 00" W a distance of 195.00 feet; (2l) 71 52° 48' 55" t( a distance of 182.00 feet: (22) N 03° 15' 07" E a dlatance of 440.71 feet; (231 N 26° 33' 54" E a distance of 111.80 feel; • 22 (24) N 62° 54' 16" E a distance of 241.51 feet; (25) N 00° 00' 00" E a distance of 215.00 feet; (26) N 34° 33' 45" 0 a distance of 273.32 feet; (27) 14 09° 27' 44" W a distance of 182.48 feet; (28) N 32° 00' 19" W a distance of 377.36 feet; (29) N 03° 21' 59" E a dletance of 425.73 feet; (30) 4 21° 30' 05" W a distance of 532.02 feet; (31) N 07° 12' 51" E a distance of 796.38 feet; (32) N 64° 03' 28" W a distance of 205.73 feet; (33) S 59° 02' 11" W a distance of 174.93 feet: (34) S 53° 16' 02" W a distance of 418.00 feet; (35) S 45° 00' 00" W a distance of 671.75 feet; (36) S 00° 00' 00" W a distance of 325.00 feet; (37) S 54° 14' 46" We distance of 308.08 feet: (38) 5 10° 21 59" W a distance of 406.80 feet; (39) 5 15° 48' 09" E a distance of 550.82 feet: (40) S 00° 00' 00" W a distance of 110.00 feet; (41) S 30° 34' 45" W a distance of 127.77 feet; (42) 3 57° 43' 28" W a distance of 112.36 feet; (43) S 90° 00' 00" If a distance of 315.00 feet; (44) N 19° 13' 50" N' a distance of 227.71 feet: (45) N 48° 14' 23" W a diatenee of 187_68 feet: (46) S 90° 00' 00" W a distance of 260.00 feet: (47) S 81° 47' 34" W a distance of 525.38 feet; (48) S 48° 47' 24" W a daatence of 452.77 feet; (49) N 77" 00' 19" W • distance of 66_71 feet; (50) N 26° 33' 54" W e distance of 78.26 feet; (51) S 90° 00' 00" W a distance of 150.00 feet; (52) N 17° 44" 41" W e distance of 131.24 feet; (53) N 61° 28' 37" W a distance of 381.77 feet; (54) N 43° 01' 30" W a dletance of 205.18 feel; (55) N 12° 52' 30" W a distance of 179.51 feet; (58) N 20° 19' 23" E a distance of 431.89 feet: (57) 4 06° 04' 21" W e distance of 236.33 feet; (58) N 23° 02' 22" W a distance of 472.70 feet: 23 VOL2005P„CE521 Page 2 of 4 VOL 2005rAct522 (59) N 00' 00' 00" E a distance of 165.00 feet: (60) N 59° 11' 04" E a distance of 331.85 feet: (61) N 37° 30' 51" E • distance of 221_02 feet: (62) N 53° 58' 22" E a distance of 1088.(2 feet; (63) S 54° 07' 36" E a distance of 394.08 feet: (64) .5 15' 50' 35" E • dletance of 384.6) feet; (85) S 53° 38' 49" E e distance of 776.03 feet: (66) N 37' 41' 19" E • distance of 139.00 feet; (67) N 12° 13' 30" W a distance of 306.96 feet; (68) N 13° 17' 55" E a distance of 282.57 feet: (69) N 74° 30' 41" E a distance of 430.64 feet: (70) N 40° 48' 54" E a distance of 436.03 feet; (71) `i 87 34' 50" E a distance of 355.32 feet: (72) N 57° 46' 58" E a distance of 165.18 feet to an iron cod set In the north line of said 582.35 acre tract; TIIFN'P. with the north line of said 582.35 acre tract and the south line of Oak Bluff Estates. Phase 2, the following described three (3) courses and distances: (1) S 88° 53' 40" E a distance of 283.81 feet to an Iran rod found; (2) S 88° 47' 57" E s distance of I80.72 feet to an iron rod found, and; (3) S 89 02' 29" E a distance of 501.86 feet to the Place of Beginning, containing 249.851 acres of land. SAVE AND EVERT PARCEL 1, described as follows. to wit: EE7CINNI7G at a paint (n said 582.35 acre tract, said point being in the interior of the above described 249.851 acre tract. and from which the northeast corner of said 582.35 acre tract beers N 12° 05' 37" E a distance of 1985.27 feet; THENCE traversing the interior of said 249.851 acre tract, the following described courses and distances to iron rods set; (l) S 68° 59' 48" E a distance of 599.85 feet; (2) N 80° l4' 31" E a distance of 796.52 feet; (3) S 59° 02 11" E a distance of 670.56 feet; (4) S 06° 40' 00" E a distance of 387.82 feet: (5) S 20° 33' 22' W a distance of 170.88 feet; (6) 5 59° 51' 31' W a distance of 179.23 feet; (7) N 60° 56' 43" W a distance of 360.35 feel; (8) N 50° 37' 51" W a distance of 252.24 feet; (9) N 65° 39' 32' 10 a distance of 230.49 feet; (10) S 90° 00' 00" W a distance of 830.00 feet; (((5 N 32° 19' ll" W a distance of 579.83 feet; 24 Page 3 of 4 (12) N 30" 09' 28" E • distance of 178.04 (eat to the Place of Beginning. containing 25.296 acres of land. SAVE AND EXCEPT PARCEL 2. described as follow, to wit: BEGINNING at a point In said 582.35 acre tract Bald point being in the interior of the above described 249.851 acre tract. and from which the northeast corner of said 582.35 Acre tract bears N 63" 22' 40" E a distance of 2903.79 feet: TIE,CE traversing the interior of said 249.851 acre tract. the following described courses and distances to iron rads set; (1) S 15" 56' 43" W a distance of 291.20 feet; (2) S l0° 42' 00" W a distance of 630.00 feet; (3) S 68" 36' 00" W a distance of 1212.19 feet; (4) N 81" 00 00" 14 a distance of 508.13 feet: (5) N 45° 47' 05" E a distance of 258.12 feet; (6) N 00" 00' 00" a dietence of 180.00 feet: (7) 7 24" 53' 29" 0 a distance of 673.44 feet: (8) 7 45° 09' 58" 6 a distance of 1252.90 feet: (9) 7 72 53' 50" E a distance of 104.58 feet; (10) S 18" 05' 00" E a distance of 515.46 feet; (11) S 67" 22' 49" E a distance of 780.00 feet to the Place of Beginning. containing 54_555 acres of land. The net area of the tract of land described herein is 170.00 acres. ; /1) Stan Coalter, BPS, ism 9 -12 -89 25 �tEaET� 3 .SIANLEY COALTER 1181 Q ' VOL 2005P,m523 Page 4 of 4 VOL 2005PAi,E524 TRACT ONE APPENDIX 2 TO EXHIBIT'A' FIELD NOTE DESCRIPTION OF TWO TRACTS OF LANG BEING OUT OF THE REMAINDER OF THAT CERTAIH.582.35 -ACRE TRACT OF LAND SITUATED IN THE E.W. MATTHEWS SURVEY, ABSTRACT N0. 449 AND THE JOHN H. RANDALL SURVEY, ABSTRACT N0. 531, WILLIAMSON COUNTY, TEXAS, SAID 582.35 ACRES BEING CONVEYED TO DEN FRANKLIN CORPORATION, A TEXAS CORPORATION, BY INSTRUMENT IN VOLUME 1020, PAGE 812, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TWO TRACTS OF LAND, BEING HEREIN MORE PARTICULARLY DESCRIBED FOR RIGHT -OF- WAY PURPOSES, BY METES AND BOUNDS AS TRACT ONE, BEING 10.7450 ACRES AND TRACT TWO, BEING 3.4506 ACRES AS FOLLOWS: BEGINNING at an iron rod set on the east right -of -way line of Williamson County Road No. 122, same being the west line of said 582.35 acres from said POINT OF BEGINNING a 1/2 -inch iron rod found for the southwest corner of said 582.35 acres bears 500 ° 45'18 "W a distance of 247.55 feet; THENCE continuing with the aforementioned common east right -of -way line and west line of the 582.35 acres, same being the west line hereof, N00 ° 45'18 "E for a distance of 160.00 feet to a 1/2 -inch iron rod set; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract with the north line of the herein- described right -of -way the following described courses and distances to 1/2 -inch iron rods set: 1) 544 ° 14'35 "E for a distance of 28.29 feet; 2) 589 ° 14'28 "E for a distance of 50.30 feet to a point of curvature of a curve to the left; 3) With said curve to the left having a radius of 330.00 feet, a central angle of 34 ° 14'51 ", a long chord of 194.33 feet (chord bears N73 ° 38'07 °E) for an arc length of 197.25 feet to a point of tangency; 4) N56 30'42 "E for a distance of 277.32 feet to a point of curvature of a curve to the right; 5) With said curve to the right having a radius of 520.00 feet, a central angle of 61 ° 53'58 ", a long chord of 534.86 feet (chord bears N87 ° 27'40'E) for an arc length of 561.78 feet to a paint of tangency; 6) S61 ° 35'23 "E for a distance of 214.54 feet to a point of curvature of a curve to the left; 7) With said curve to the left having a radius of 430.00 feet, a central angle of 56 ° 40'51 ", a long chord of 408.25 feet (chord bears S89 ° 55'47 "E) for an arc length of 425.38 feet to a point of tangency; 8) N61 ° 43'50"E for a distance of 154.29 feet to a paint of curvature of a curve to the right; 9) With said curve to the right having a radius of 570.00 feet, a central angle of 41 ° 34'51 ", a long chord of 404.64 feet (chord bears N82 ° 31'14 "E) for an arc length of 413.66 feet to a point of non - tangency; 10) 570 ° 15'53 "E for a distance of 536.25 feet to a non - tangent point of curvature of a curve to the left; 11) With said curve to the left, having a radius of 290.00 feet, a central angle of 107 ° 03'49 ", a long chord of 466.43 feet (chord bears N49 ° 46'44 "E) for an arc length of 541.90 feet to a point of tangency; 12) NO3 ° 45'10 "W for a distance of 295.73 feet to a point of curvature of a curve to the right; 13) With said curve to the right having a radius of 710.00 feet, a central angle of 27 a long chord of 337.84 feet (chord bears N10 ° 00'39 "E) for an arc length of 341.12 feet to a point of tangency; 14) N23 ° 46'31 "E for a distnace of 327.06 feet to a point of curvature of a curve to the left; 26 Pagel of 7 15) With said curve to the left having a radius of 420.00 feet, a central angle of 83 ° 36'25 ", a long chord of 559.93 feet (chord bears N18 ° 01'44 "W) for an arc length of 612.87 feet to a point of tangency; 16) N59 ° 49'56 "W for a distance of 170.58 feet to a point on the common interior line of said 170 -acre tract and the remainder of said 582.35 -acre tract of land for a corner hereof; THENCE with the aforementioned common interior line, same being a line hereof, N00 ° 00'00 "E for a distance of 69.40 feet to a 1/2 -inch iron rod set for a corner hereof; THENCE leaving the aforementioned common interior line and continuing through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) S59 ° 49'56 "E for a distance of 205.46 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 480.00 feet, a central angle of 83 ° 36'25 ", a long chord of 639.91 feet (chord bears S18 ° 01'44 "E) for an arc length of 700.42 feet to a point of tangency; 3) S23 ° 46'31 "W for a distance of 327.06 feet to a point of curvature of a curve to the left; 4) With said curve to the left, having a radius of 650.00 feet, a central angle of 27 ° 31'39 ", a long chord of 309.29 feet (chord bears S10 ° 00'39 "W) for an arc length of 312.29 feet to a point of tangency; 5) S03 ° 45'10 "E for a distance of 295.73 feet to a point of curvature of a curve to the right; 6) With said curve to the right having a radius of 350.00 feet, a central angle of 107 ° 03'49 ", a long chord of 562.93 feet (chord bears S49 ° 46'44 "W) for an arc length of 654.01 feet to a point of non- tangency; 7) N76 ° 41'20 "W for a distance of 532.88 feet to a non - tangent point of curvature of a curve to the left; 8) With said curve to the left having a radius of 450.00 feet, a central angle of 41 ° 34'51 ", a long chord of 319.46 feet (chord bears 582 ° 31'14 "W) for an arc length of 326.58 feet to a point of tangency; 9) 561 ° 43'50 "W for a distance of 154.29 feet to a point of curvature of a curve to the right; 10) With said curve to the right having a radius of 550.00 feet, a central angle of 56 ° 40'51 ", a long chord of 522.18 feet (chord bears 689 ° 55'47 "W) for an arc length of 544.10 feet to a point of tangency; 11) N61 ° 35'23 "W for a distance of 214.54 feet to a point of curvature of a curve to the left; 12) With said curve to the left having a radius of 400.00 feet, a central angle of 61 ° 53'58 ", a long chord of 411.43 feet (chord bears S87 ° 27'40 "W) for an arc length of 432.14 feet to a point of tangency; 13) 556 ° 30'42 "W for a distance of 277.32 feet to a point of curvature of a curve to the right; 14) With said curve to the right having a radius of 450.00 feet, a central angle of 34 ° 14'51 ", a long chord of 264.99 feet (chord bears 573 ° 38'07 "W) for an arc length of 268.98 feet to a point of tangency; 15) 089 ° 14'28 "W for a distance of 50.29 feet; 16) S45 ° 45'25 "W for a distance of 28.28 feet to the POINT OF BEGINNING of the herein- described TRACT ONE containing 10.7450 acres (468,052 square feet) of land area. 27 vol. 2005, Page 2of7 • ' voL 2005PACE526 • • TRACT TW0 Page 3 of 7 BEGINNING at an iron rod set on the interior line of said 170 -acre tract, same being an Interior line of said remainder of the 582.35 -acre tract and the west line hereof, from which the Point of Beginning of TRACT ONE bears 547 ° 42'39 "W a distance of 3379.41 feet; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) N59 ° 49'56 "W for a distance of 93.37 feet to a paint of curvature of a curve to the right; 2) With said curve to the right having a radius of 541.03 feet, a central angle of 47 ° 46'32 ", a long chord of 438.18 feet (chord bears N35 ° 56'41 "W) for an arc length of 451.13 feet to a point of tangency; 3) 512 ° 03'32 "W for a distance of 135.00 feet to a point of curvature of a curve to the right; 4) With said curve to the right having a radius of 330.00 feet, a central angle of 38 ° 56'33 ", a long chord of 220.00 feet (chord bears 607 ° 24'52 "E) for an arc length of 224.29 feet to a point of compound curvature of a curve to the right; 5) With said curve to the right having a radius of 415.73 feet, a central angle of 31 ° 12'40 ", a long chord of 223.67 feet (chord bears N42 ° 29'29 "E) for an arc length of 226.46 feet to a point of tangency; 6) N58 ° 05'50 "E for a distance of 392.61 feet to a point of curvature of a curve to the right; 7 ) With said curve to the right having a radius of 618.02 feet, a central angle of 32 ° 59'47 ", a long chord of 351.02 feet (chord bears N74 ° 35'44 "E) for an arc length of 355.92 feet to a point of tangency; 8) 58 8 ° 54'23 "E for a distance of 540.73 feet to a point of curvature of a curve to the right; 9 ) With said curve to the right having a radius of 1194.99 feet, a central angle of 06 a long chord of 145.86 feet (chord bears S ° 24'27 "E) for an are length of 145.95 10) S81 °54' of 31 "E for adistance 53.78 feet to a 1/2 -inch iron rod set on the common interior line of said 170 -acre tract and said remainder of the 5 82.35 -acre tract for a corner hereof; THENCE with the aforementioned common line, S57 ° 46'58"W for a distance of 92.75 feet to a 1/2 -inch iron rod set for a corner hereof; THENCE leaving the aforementioned line and through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2- inch iron rods set: 1) N81 ° 54'31 "W for a distance of 16.95 feet to a point of curvature of a curve to the left; 2) With said curve to the left having a radius of 1134.99 feet, a central angle of 06 ° 59'52 ", a long chord of 138.53 feet (chord bears N85 ° 24'27 "W) for an arc length of 138.62 feet to a point of tangency; 3) N ° 54'23 °W for a distance of 540.73 feet to a point of curvature of a curve to the left; 4 ) With said curve to the left having a radius of 558.02 feet, a central angle of 32 ° 59'47 °, a long chord of 316.94 feet (chord bears S74 ° 35'44 "W) for an arc length of 321.36 feet to a point of tangency; 5) S ° 05'50 "W for a distance of 392.61 feet to a point of curvature of a curve to the left; 6) With said curve to the left having a radius of 355.73 feet, a central angle of 31 ° 12'40 ", a long chord of 191.39 feet (chord bears S ° 29'29 "W) for an arc length of 193.78 feet to a point of compound curvature of a curve to the left; 28 Page 4 1) With said curve to the left having a radius of 270.00 feet, a central angle of 38 ° 56'33 ", a long chord of 180.00 feet (chord bears S07 ° 24'52 "W) for an arc length of 183.51 feet to a point of tangency; 8) 512 for a distance of 135.00 feet to a point of curvature of a curve to the left; 9) With said curve to the left having a radius of 481.03 feet, a central angle of 47 ° 46'32 ", a long chord of 389.58 feet (chord bears S35 ° 56'41 "E) an arc length of 401.10 feet to a point of tangency; 10) S59 ° 49'56 "E for a distance of 101.30 feet to a 1/2 -inch iron rod set on the common interior of said 170 -acre tract and said remainder of the 582.35 -acre tract for a corner hereof; THENCE the distance of 60.52f feet to the POINT t OF BEGINNING of the herein descriibed TRACT TWO containing 3.4506 acres (150,308 square feet) of land area. These field notes are a result of an on- the - ground survey, record information and calculated points under my direct supervision. ty Ronald E. Sigety Registered Professions Su veyor No. 4807 DES:ek June 12, 1990 Revised 08/20/90 Job No. 601 - 013 -11 29 (W /5/70 7 L2 6 /ao /90 Yol 2OO5RAaE 527 Page 4 of 7 CURVE N0. CENTRAL /NCLE RADII/$ TANDEM ARC CHORD CHORD BEMINC QI 34'14'51' 330.00' 101.67' 197.25' 194.33' N73'30'07" E 0 34'14'51' 450.00' 136.64' 268.98' 264.99' S73'38'07W Q 61'53'55 400.00' 239.87' 432.14' 411.43' 58727'40 0 61'53'58' 520.00' 311.83' 561.78' 534.86' 187'27'40'E O 77 ( 0 5640'51' 430.00' 231.92' 425.38' 408.25' 58755'47'E 5640'51' 550.00' 296.65' 544.10' 522.18' 989'55'47*W 41'34'51' 450.00' 170.85' 326.58' 319.46' S8z31'14 A ® v 41 570.00' 216.41' 413.65' 404.64' N6731'14 E 03 O • • • • • s 1 / REMAINDER PORTION OF 1 ROUND R001< 582.35 ACRES VOL 185 798 a a"� l (S 90 °00'00 "W - 150 00' I ( 14 26 °3354 W- 78.261 9 tO / z O PREPARED 851 DONALD E. 5ICETY 8001070REO PROFESSIONAL NO 4807 9111 JOLLYVILLE ROAD SUITE 107 AUSTIN , TEXAS 78759 ( N 17°44' 41' 1, Y - 131.24') REMAINDER PORTION OF THE ORIGINAL BEN FRANKLIN 582.35 ACRES DESCR- IBED IN VOL. 1020 , PG. 812 (N88 °41' N BO °38'J " 2 2404 . 0 8 1 . e .C1<RAB81T AB ' , 2 ° j' ' ;, 90 LA LAN SURVEYOR {'•,,,(7, /90 \` / IN77 °00'19 "w REMAINDER PORTION OF 582.35 ACRES h TRACT ONE /0.7450 ACRES 7 DONALD E. S10ETY Sketch to of Tract One 10.7450 acres resand Tract Two, 3.4506 acres dedicated for right-of-way purposes being out of and part of the remainder portion of that certain 562.35 -acre tract of land described in the Official Records of Williamson County, Texas. SCALE I " 200' 0 6 0 8 , 6 4 5 • IRON 900 FOUND 0 IRON R00 SET ( 1 RECORD INFORMATION EXHIBIT "A" .5a CURVE DATA 113\I \ CITY OF ROUND \ ROCK, VOL. 1853, \ PG. 798 Baker- Aicklen & Associates, Inc. cnsm n,.c r "m +r res SHEET I OF 3 JOB N0. 01.013-11 OR AWN. L.M H. • w Da n 0 T V CO • AS PREPARED BY • • \EET 110E / SH L1NE.. / o2i 59� \rS MATCH / 1511 e0'1 � N D ° 00 5 00 "E 7 40' N 23 ° 46 =31 327.06 327 06' S 23 ° 46' -31 "w CITY OF ROUND ROCK / 0 69 . -`=. \ rG. °R9 / / \\.`�/ 0• \ 0 0 E- \ / W 0 9 ; O -i\o. A% 9 N 5`.37140.0 \r S A4. "' £ �\ 57 ° 43' 28 "W 1 \ � / REMAINDER PORTION OF THE ( SO ° "w1 ORIGINAL BEN FRANKLIN 582.35 010. ACRES DESCRIBED IN VOL. 1020, (112,36') ( 530 °34'45 "W) PG. 812 (127.77'1 >cm�� s &// 5/90 00601.0 E. SIGETT U REGISTERED 7000E991074AL LAND SURVEYOR d/ /r7 NO 4 607 ��I 777 77 9111 20LLY VILLE ROAD SUITE 107 4 65710, TES AS 79759 Sketch to Accompany a Field Note Description of Tract One, 10.7450 acres and Tract Two, 3.4506 acres dedicated for right -of -way purposes being out of and pan of the remainder portion of that certain 582.35 -acre tract of land described in the Official Records of Williamson County, Texas. DONALD E. SIGETY • EXHIBIT 11 IS ° 00 ' 00 " w - 325.00'1 CURVE DATA CURVE CENTRAL N0. ANGLE 2731'39' @ 10703'40 • 10753'40 © � 2731'30 • 83'36'20 © 1 6536'25' RADIUS 290.00' 350.00• 650.00' 710.00' 420.00' 490.00' TANGENT 392.37' 473.55' 159.22' 173.92' 375.57' 429,22' /RC 541.90' 654.01' 312.29' 341.12' 612.97' 700,42' CHORD 466,43' 592.93' 309.29' 337.94' 559.93' 639.91' CHORD BEARING H49'46'44'E 549'46'44'6 SIOOO'39'w 07000'30 7 41701 51001'44'E REMAINDER PORTION OF 582.35 ACRES SHEET 2 OF 3 JOB N0. 601- 013.11 DR AWN: L. AI,H Baker - Aicklen & Associates, Inc. [1Nf1 • •,. r •C •v v. • • • REMAINDER PORTION OF 582.35 ACRES ° 0 . ' 5 • REMAINDER PORTION OF THE ORIGINAL / >3. BEN FRANKLIN 582.35 ACRES DESCRIBED > %/ IN VOL. 1020, PG, 812 _ E) pSb r39s 0 "El (N 74 °30'41 " a oo^ ,, (430.64'1 ----- w ?,., rye/ N ti o � \ 19 ' 31 \ nl _ 0.\ i8' s � � ' Hi ° e . 2 O'1j\ �'t •6 2I .. G 0 Esc. ;,r' // (N 37 ° 91'39 "EI / £ 9 ° (139.01') s. / ' P0.8 ' 5• � J /, /� P /piJgi E , � I \_ PPV TRACT TWO 1 }'t o . y e O- 9 ' 5n° c O`to / 70.9. TRACT ONE / - 'e `\ • O OK a O040 OF C \•14 I 035 ' 0 , 5 E , 0 D0NAL0 E 510E77 6E0157E13E0 PROFESSIONAL N0. 4807 9111 JOLLrvILLE ROAD SUITE 07 AUSTIN.TE %4S 78759 4'. REMAINDER PORTION, OF 582.35 ACRES Sketch to Accompany a Field Note Description of Tract One, 10.7450 acres and Tract Two, 3.4506 acres dedicated for right -of -way purposes being out of and part of the remainder portion of that certain 582.35 -acre tract of land described in the I Official Records of Williamson County, Texas. LOT 191 1 / LOT 155 3' OAK BLUFF ESTATES PHASE 2 \ / CAB. F,_SL. 253 >•• LOT 156 6J / \ 1 N3 je 0, q 46. ;-'3.4v• J 3'y � 3r.4, 65 N8'0 X6 .93' LA SURVEYOR CURVE - DATA CURVE CENTRAL RADIUS 7FNCEIf ARC CH0R0 CHORD N0. ANCLE DEMING 6 4746 47'46'32' 38'56'33' 38'56 31'12'40' 31'12'40' 32'59'47' 32'59'47' 6'59•52' 6'59'52' 451.03' 541.03' 330.00' 270.00' 355.73' 415.73' 616.07 558.02' 1134,99' 1194.99' 213.04' 239.61' 116.67' 95.46' 99.36' 118.12' 183.05' 165.27' 69.40' 73,06' 401.10' 451.13' 224.29' 183.31' 193.75' 226.46' 355.92' 321.36' 138.62' 145.95' 389.58' 436.18' 220.00' 160,00' 191.39' 223.67' 351.02' 316.94' 138.53' 145.86' 535'56'41 • E 1435'56'41'W 910724 50724'52'W 54229 94229'20'E 1474'35'44'E 274'35'44'W 965'24'27'W S85'24'27'E Cp/is / 3 /ao /qo EXHIBIT "A" SHEET 3 OF 3 JOB N0: 601 - 013.11 DRAWN: L. M.H as, , Baker- Aicklen b Associates, Inc. 444,u, N "6 FMC • • ' VOL 2005PAGE • • • • EXHIBIT "B" CONSENTS THERE ARE NO LIENHOLDERS OF RECORD. FDIC IS NOT REQUIRED TO APPROVE THIS AGREEMENT. 33 FRANKLIN CAPITAL CORPORATION, a Texas corporation By: NORMAN, III resident VOL2 EXHIBIT "C' DEVELOPMENT PARCELS 34 N PARCEL SIZE (ACRES) 21 15 10 49 6 7 10 15 13 20 24 48 10 52 19 26 26 6 10 ASSIGNED L.U.E. 85 54 36 172 24 27 30 60 105 70 108 168 77 180 65 90 92 21 36 MAXIMUM L.U.E. 93 59 40 189 26 30 33 66 116 77 119 185 85 198 72 99 101 23 40 SINGLE FAMILY RESIDENTIAL X X X X X X X X X X X X X X X X X ATTACHED RESIDENTIAL X X X MULTI FAMILY RES. X X X LIMITED COMMERCIAL X X DAYCARE X X CHURCHES X X PARCEL: LEGEND OF SPECIAL CONDITIONS: AB C D E F G H I J K L M N O I P I Q R S SPECIAL CONDITIONS: 1 2 3 1 1 4 3 9 5 6 7 9 8 8 C 6. Commercial uses shall be located adjacent to County Road 122. 0 (This does not preclude access to the Golf Course access road from this parcel.) 7. A buffer along the southern boundary of the parcel shall be provided by use of landscaping, berming or fencing. 8. Lots adjacent to the southern property line shall have a minimum lot size of 10,000 sq.ft. O co 1. Lots adjacent to the northern property line shall have a minimum lot size of 10,000 sq.ft. 2. Lots adjacent to County Road 122 shall have a minimum lot size of 10,000 sq.ft. 3. A maximum of two accesses from this parcel to County Road 122 may be permitted. 4. A maximum of four access points to County Road 122 shall be permitted. 5. All buildings, other than single family detached homes, shall maintain a 100 foot setback from the southern boundary of the parcel. z 9. Total impervious cover shall not exceed 80 percent of each lot. ^3 z LAND USE L.U.E. AND DEVELOPMENT CONDITIONS VOL 2005P E534 EXHIBIT "E" CALCULATION OF L.U.E. SINGLE FAMILY RESIDENCE 1 L.U.E. /DWELLING UNIT DUPLEX 0.9 L.U.E. /DWELLING UNIT MULTI - FAMILY OR TOWNHOUSE 0.7 L.U.E. /DWELLING UNIT COMMERCIAL BUILDING AREA (SO.FT.) X 6 X LAND AREA (ACRES) LAND AREA ( SQ.FT.) 36 Note 8 The major collector roads shall be constructed to Include grade separations between the roadway and the golf cart panhway, at the cost of the Owner. EXHIBIT "F' COLLECTOR ROAD PLAN 37 Pfluger Tract Note A ATE voL2005PAa535 - 4 Lane Collector (Dual 25' plus 18" Ribbon Curbs) 2 Lane Major Collectors (25' plus 18" Ribbon Curbs) - 2 Lane Minor Collectors (22' plus 18" Ribbon Curbs) Note A The major collector road system may be contained wholly on the land or may be comprehensively designed to serve both the land and the Pfluger Tract. VOL 536 EXHIBIT "G" ALTERNATIVE ROADWAY STANDARDS 1. COLLECTOR ROADWAYS (shown on Exhibit "F') 1.1 Four lane collector section * Dual 25 foot pavement widths * Plus an 18" concrete ribbon curb on each side of pavement * Includes a landscaped median a minimum of 14' wide 1.2 Two lane major collector section * 25 foot pavement width * Plus an 18" concrete ribbon curb on each side of pavement 1.3 Two lane minor collector section * 22 foot pavement width * Plus an 18" concrete ribbon curb on each side 1.4 SPECIAL CONDITIONS 1.4.1 NO CLEARING: No clearing of any protected tree, as defined in the City landscape ordinance, within the public right of way of collector roadways shown as a major collector on Exhibit "F" of this agreement, shall be permitted except when a comprehensive design for utilities and landscaping is approved by the Director of Planning and the Director of Public Works. This provision amends the "no clearing" provision shown on Exhibit "B" of the Concept Plan approved by the City Planning and Zoning Commission on September 7, 1989. 1.4.2 PARKING: Parking shall be prohibited on a collector roadway with a cross section of less than 30', except in designated parking areas approved in writing by the Director of Planning as part of the platting process. 1.4.3 ACCESS: Driveway access for single family residential uses is restricted to collector roadways, as indicated on Exhibit 'J ". 2. RESIDENTIAL STREETS 2.1 MINIMUM STANDARDS: Residential streets may be constructed to the following minimum standards. These are based on the number of dwelling units which a street serves and the frontage the residential lots to which it provides access. 38 LOT WIDTH <7 7 -14 15 - 30 90' AND ABOVE 17' Plus Ribbon Curbs 17' Plus Ribbon Curbs 19' Plus Ribbon Curbs 60' - 89' 17' Plus Ribbon Curbs 20' Plus Ribbon Curbs 22' Plus Ribbon Curbs LESS THAN 60' 23' Plus Ribbon Curbs 26' Plus Ribbon Curbs 30' Plus Ribbon Curbs * Minimum ribbon curb is 18" NUMBER OF DWELLING UNITS VOL 2©05N 537 2.2 SPECIAL CONDITIONS 2.2.1 PARKING: Parking shall be prohibited on all streets with less than thirty feet of pavement width, except in designated parking areas approved in writing by the Director of Planning as part of the platting process. 2.2.2 FIRE PROTECTION: All streets shall be designed to permit access and turning movements for fire trucks. This shall be determined by the City fire official and may result in increasing standards. The City fire official shall determine accessability by applying the regulations and standards contained in the most current edition of the Standard Fire Prevention Code. 2.2.3 CONSTRUCTION: All pavement construction standards shall be in accordance with City codes except as specifically approved in writing by the Director of Public Works to meet the intent of this agreement. 2.2.4 BUILDING SETBACK LINES AND MINIMUM PARKING REQUIREMENTS: 39 Building setback lines may be increased or additional parking may be required to compensate for the loss of street parking resulting from the owner choosing modified street standards. 2.2.5 STREET RIGHT OF WAY WIDTH All street rights of way shall be of sufficient width to accommodate the street plus • utility lines plus drainage swales and sidewalks. 2.2.6 SIDEWALKS The approval of alternative roadway standards does not waive city sidewalk requirements. However, alternative forms of pedestrian access may be approved by the Planning and Zoning Commission as part of the plat approval process. • • vo 40 • • • • This roadway to be constructed by Owner in accordance with Section 3.6 of this PUD agreement prior to approval of the final plat containing the 400th L.U.E. t This roadway to be constructed by Owner in accordance with Section 3.5 of this PUD agreement prior to approval of the final plat containing the 600th L.U.E. EXHIBIT "H" VOL 2O05P4t;[539 Roadway (26' plus 18" ribbon curbs) to be constructed by the City Round Rock. • • • Roadway (25' plus 18" ribbon curbs) to be constructed by the owner. 41 • • V OL2O05PAi,E5 ° In order to assure a continuity of design and maintenance of all fences which are located adjacent to either the Golf Course or a roadway designated as a major collector • by this Agreement, the following guidelines shall apply to the construction of fences on the lands. 1. FENCES ADTACENT TO GOLF COURSE All fences constructed along the boundary of the Golf Course shall be constructed in accordance with the following criteria. 1.1 Design - All fences along the boundary of the golf course shall be • constructed of (a) treated split rail wood (two rails) with limestone columns, not to exceed 3.5 feet in height, (b) wrought iron with limestone columns not to exceed 6.5 feet in height, (c) or such other material of equal or greater quality approved in writin by the Director of Planning. 1.2 Maintenance - It shall be unlawful to maintain a fence in such a manner as to allow: ❑ any portion of a fence to lean so that the fence's axis is more than • five (5) degrees out of perpendicular alignment with its base. ❑ missing, loose, or damaged stone or wood rails in the fence. ❑ symbols, writings, and other graffiti on the fence. EXHIBIT "I" FENCE STANDARDS Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the City. 2. FENCES ADJACENT TO ROADWAY 2.1 Rear Property Line Fences adjacent to roadways designated collector roadways by this agreement shall be constructed by the owner as part of the construction of each subdivision 42 • voL 2005P „c and must be completed prior to acceptance of the subdivision. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (Wood, common cement or cinder block, and chain link are specifically excluded.) The design, materials and specifications of such fencing • shall be approved by the Director of Planing and Community Development prior to the approval of the first subdivision plat on the Land. The Owner shall include in his fence design accent landscaping in the public right of way to complement all rear lot line fencing. 2.2 Maintenance - It shall be unlawful to maintain a fence in such a manner as to allow: ❑ any portion of a fence to lean so that the fence's axis is more than five (5) degrees out of perpendicular alignment with its base. • ❑ missing, loose, or damaged stone in the fence. ❑ symbols, writings, and other graffiti on the fence. Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the City. 3. While the Land remains undeveloped and has an agricultural tax exemption, the above restrictions are waived to the extent that a standard farm fence shall be permitted. 43 • VOL 200511,6E542 EXHIBIT T' 44 �(,, fI • • • • No direct access to single family r lots with less than 80 feet of frontage and 10,000sq. feet of lot No direct access to single family lots.* This may be waived by the Planning and Zoning Commission as part of plat approval, at locations where the ultimate number of dwelling units to be served by a section of road will not exceed 150 and the minimum lot frontages are a minimum of 100 feet. • voL 2OO5P4cf543 • EXHIBIT "K" HOLD HARMLESS AGREEMENT between THE CITY OF ROUND ROCK and FRANKLIN CAPITAL CORPORATION Restrictive Covenant to be placed on map or plat and filed with Restrictive Covenants of Subdivisions containing lots which are located within fifty feet (50') of the Golf Course ( "Golf Course Lots ") as shown on the map or plat of the Subdivision: • "It is acknowledged and agreed that, from time to time, golf balls may be hit which leave the boundaries of the Golf Course and stray onto the Golf Course Lots and which cause a potential danger and hazard to the owners of the Golf Course Lots, their families, tenants, guests and employees, and to personal property situated on the Golf course Lots. Each owner of any of the Golf Course Lots shall and does hereby, on behalf of such owner, his heirs, legal representatives, successors, and assigns, release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Franklin Capital Corporation, and their respective successors and assigns from any claims, liabilities, • causes of action, court costs, expenses, attorneys fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto such owner's Golf Course Lot. This release shall be a condition of the purchase or sale of each of the Golf Course Lots, and shall constitute a covenant running with the land comprising the Golf Course Lots, which shall be binding upon the owners of the Golf Course Lots, their heirs, successors and assigns, and shall inure to the benefit of the City of Round Rock, Forest Creek Golf Club, Franklin Capital Corporation and their respective successors and assigns." Deed Restriction to be included in deeds to any Golf Course Lots covered directly by Franklin Capital Corporation to a Purchaser: 45 vo G "This conveyance is subject to and, by acceptance of this deed Grantee hereby agrees on behalf of Grantee, his heirs, successors, and assigns, to the following covenant: Grantee, on behalf of Grantee, his heirs, legal representatives, successors, and assigns, agrees to and does hereby release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Franklin Capital Corporation and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto the Property rom Forest Creek Golf Club. The foregoing shall constitute a covenant running with the land comprising the Property, and shall bind Grantee, and Grantee's heirs, successors and assigns and all future owners of the Property. 46 • EXHIBIT "L" DEFINITIONS VOL 2005PAGE DEVELOPMENT PARCEL: • Means a tract of land designated for subdivision and development for which a single preliminary plat application is required as part of the ongoing approval process. PARCEL SIZE: Means the size of the parcel in acres. The size is approximate and may vary slightly due to more accurate measurement when surveyed. • ASSIGNED L.U.E.: Means the total number of L.U.E. assigned to the parcel. MAXIMUM L.U.E.: Means the maximum total numbers of L.U.E. allowed to be assigned to the parcel administratively through the density transfer provisions of this agreement. SPECIAL CONDITIONS: Means specific development or design criteria which regulate all or part of the subdivision or development of a parcel. ATTACHED RESIDENTIAL: Means duplexes and cluster housing where no more than three units are attached. Attached residential specifically excludes most forms of multi- family residential including, but not limited to, apartments, townhouses, row - housing and four- plexes. LIMITED COMMERCIAL: Means uses and buildings as permitted in the City "Local Commercial Zone", plus restaurants. 47 • voL2005PACE546 PFLUGER TRACT: • Means that 84.75 acre tract lying immediately north of the land and generally identified on Exhibit "F ". • DIRECTOR OF PUBLIC WORKS: Means the Director of Public Works of the City of Round Rock, Texas or his designate. ALL WEATHER ACCESS: Means an asphalt or concrete roadway with no part being inundated by the 100 year design storm flow. DIRECTOR OF PLANNING: Means the Director of Planning and Community Development of the City of Round Rock, Texas or his designate. 48 • CO \* a''' '';');1.11.: I ( ,, ? ...............:...., 3. 7 6 .. i S5 A: : : :: ' ''''■ 0/ . ...'4.... il I , 4 ... ,V \ ' t• q. ,, It 1 .......„..._ tr , ,‘ .. , ) 1! D -•- ••--- • • 4'11 SITE VICINITY • • —. Li DEVELOPMENT PLAN "----"*" OA •0.1.01 " FRANKLIN • UsE AMA / ROUND ROCK, TEXAS r •.... LEGEND COLLECTOR STREET SECONDARY ACCESS LIMITED ACCESSWAY OuLtuu> GOLF COURSE/ PARCEL BOUNDARY PROPERTY LINE ADDITIONAL GOLF COURSE ACREAGE BOUNDARY 100 YEAR FLOOD PLAIN PROPOSED LAKES POSSIBLE LAKE LOCATIONS PARCEL NUMBER SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHED MULTI FAMILY COMMERCIAL Gigg.1 P15 SFD SFA MF COMM • • C.71 voL2005P „vE548 DEVELOPMENT GUIDELINES FOR FRANKLIN 582 CONCEPT PLAN AS APPROVED BY THE CITY OF ROUND ROCK PLANNING AND ZONING COMMISSION SEPTEMBER 7, 1989 50 TABLE OF CONTENTS I. STATEMENT OF PURPOSE AND INTENT 1 II. AUTHORITY /DEFINITION 3 III. LAND USE SUMMARY 5 51 VOL 2OO5P,1�[549 Page • • : voL 2005P „x:550 • • • 'I. STATEMENT OF PURPOSE AND INTENT Franklin 582 is a planned community. While its primary focus is residential, both the recreational and other special use components play an integral part in creating a unique living environment. The Franklin 582 development standards are intended to carry out the goals of this planned community. They are written to ensure a unified, quality development. Through creativity in design, sensitivity to the characteristics of the site and compatibility of land uses, a commitment is made to the future of the community. The following principles will be used in guiding development towards a planned community which can respond to changing market conditions; o Encouraging FLEXIBILITY in site design with respect to building spacing, heights and density of buildings, open space, and parking. o Allowing a variety of CREATIVE SOLUTIONS to project design that may not be possible through the strict application of the local zoning and subdivision. o Encouraging a mixed -use, MASTER PLANNED community providing for residential, recreational, and limited commercial, office and community services. o Encouraging INNOVATIONS in land use that result in the availability of attractive development opportunities. o Promoting more EFFICIENT use of land and energy through reasonable infrastructure requirements. o . Maximizing the UNIQUE physical features of the site. o Creating development patterns and project design that further the GOALS and POLICIES of the local governmental agencies. o Providing appropriate TRANSITIONS between land uses while encouraging an overall community focus. o Providing FLEXIBILITY for both land use type and density to be TRANSFERRED between parcels, responding better to the needs of the consumer and changing market conditions. • 52 • Vo 2005 551 o Encourage FLEXIBILITY in the design of streets to allow departure from strict enforcement of present codes regarding design standards, street widths, drainage, curb and gutters, street lighting, landscaping, utilities and similar aspects. • 53 • y OL2OO5PAcE552 II. AUTHORITY /DEFINITIONS Authority These standards will guide the preparation of a P.U.D. for the Franklin 582 development. Definitions The following definitions shall apply: o Single Family Detached One- family detached dwelling with a density ranging from 2.0 du /ac to 6.0 du /ac. o Single Family Detached /Attached One - family detached dwelling with a density ranging from 2.0 du /ac to 8.0 du /ac; two - family dwelling (duplex); three -plex through six -plex attached dwellings; row houses, townhouses, with a maximum density of 12 du /ac. o Multi - Family - All uses allowed in Single Family Detached and Single Family Detached /Attached and including apartments for rent, condominiums (stacked flats) for sale with a maximum density of 18 du /ac. o Parcels - Parcels for development have been identified with their own uses, character, identity and development standards. o L.U.E. (Living Unit Equivalent) as defined in the Round Rock City Codes. o Commercial - Intended to provide local commercial and office uses at a floor area ratio (F.A.R.) of .45 within two (2) story buildings. Permitted uses include offices, neighborhood services, governmental and institutional uses, daycare facilities, schools and local commercial and retail activities. o Special Uses - Throughout Franklin 582 the following uses may be allowed: places of worship, schools, private recreation amenities, group homes, daycare facilities subject to site plan approval. o Density Transfer - Within the Franklin 582 P.U.D. allowable density may be transferred between parcels. o Cluster Development - Single family units which may be attached or have lot sizes smaller than normal, where 54 VOL 2005p CE the development protects the natural features and attributes of the parcel through the grouping of units. o Zero - Lot -Line Development - Single family detached units placed on lots so that the unit sits along one or more lot lines. o Density - The maximum density per parcel, expressed in units per acre. 55 •' VOL 2005P 554 'III. LAND USE SUMMARY Use Area Single Family Detached 4.0 units /acre Single Family Detached Single Family Attached 6.0 units /acre 8.0 units /acre Single Family Detached Single Family Attached Multi- Family 10.0 units /acre 12.0 units /acre Commercial .45 F.A.R. Golf Course /Clubhouse Collector Street R.O.W. Total 77.7 ac 92.2 ac ' 93.4 ac 82.2 ac 32.6 ac 12.1 ac 170.0 ac 21.8 ac 582.0 ac Unit quantities, acreage and types may vary, however, the overall density may not exceed 1,500 Living Unit Equivalents. • The maximum total units within Franklin 582 is dependent on the distribution of L.U.E.'S which is presently limited to a total of 1,500 L.U.E.'s. The present overall L.U.E.• density is 2.58 L.U.E.'s. The parcels of Franklin 582 have the potential to develop at densities designated on the parcel summary, provided other parcels are reduced in density to allow for any adjustments. The uses identified for each parcel allow for flexibility to respond to market conditions, while maintaining the character and integrity of the overall development plan. A minimum of 80% of the total dwelling units to be constructed within Franklin 582 will be single family detached residential. The L.U.E.'s establish the overall density for Franklin 582. The total of 1,500 L.U.E.'s are to be calculated based on the following criteria: • 56 a. b. c. d. Single Family Residence Duplex Multi- Family or Townhome Commercial 57 1 7 v0L20O5? A 6555 1.0 LUE /unit .9 LUE /unit .7 LUE /unit .1377 LUE/ s.f. of building The following parcel numbers refer to the development parcels on the Development Plan and provide a land use summary for each parcel and alternate use. The density of each parcel allows for the most intense use to occur within that parcel. Totalling the maximum L.U.E.'s of all parcels would result in more than the 1,500 L.U.E.'s allowed. When one parcel uses its maximum L.U.E.'s other parcels would be reduced. In no case will the overall L.U.E.'s exceed that allowed by City Council. - VOL 2OO5PAGEJ J _ . .PARCEL: P -1 USE: Single Family Detached DENSITY: Residential: 4.0 du /ac ACREAGE: 4.0 MAX. L.U.E.: 16 SPECIAL CONDITIONS: 1. One direct access will be allowed onto County Road #122. PARCEL: P -2 USE: Sirgle.Family Attached Single Family Detached DENSITY:- 6.0 ACREAGE: 18 MAXIMUM L.U.E.: 113 SPECIAL CONDITIONS: 1. Single Family Attached buildings shall not occur within 100' of exterior property line. 2. Lots adjacent to the northern property line will be single family detached lots. 3. A buffer may be provided along the northern P.U.D. perimeter consisting of landscaping, berming or fencing. 58 PARCEL: P -3 USE: Single Family Detached Single Family Attached DENSITY: ACREAGE: 6.0 MAXIMUM L.U.E.: 92 PARCEL: p -4 15.4 VCL2005N E 557 SPECIAL CONDITIONS: 1. Lots within 150' of the northern property line will be single family detached lots. 2. A buffer may be provided along the northern P.U.D. perimeter consisting of landscaping, berming or fencing. USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 10.4 MAXIMUM L.U.E.: 62 SPECIAL CONDITIONS: 1. Lots within .150' of the northern property line will be single family detached lots. 2. A buffer may be provided along the northern P.U.D. perimeter consisting of landscaping, berming or fencing. 59 • VOL 2005PAGE558 -PARCEL: p -5 USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 49.1 MAXIMUM L.U.E.: 352 SPECIAL CONDITIONS: 1. Access shall be provided from parcels P -3 and P -10. A limited 14' access may be allowed to the Golf Course Road between holes #2 and #7. PARCEL: P -6 USE: Single Family Detached DENSITY: 4.0 ACREAGE: 6.0 MAXIMUM L.U.E.: 24 PARCEL: P -7 USE: Neighborhood Commercial & Office Single Family Detached Single Family Attached • DENSITY: Commercial: .45 F.A.R. Residential: 8 du /ac ACREAGE: 7.1 MAXIMUM L.U.E.: 51 SPECIAL CONDITIONS: 1. One direct access may be allowed onto County Road #122. 60 • • PARCEL: P -8 USE: Neighborhood Commercial & Office Single Family Detached Single Family Attached DENSITY: Commercial: .45 F.A.R. Residential: 4.0 du /ac PARCEL: P -9 ACREAGE: 9 MAXIMUM L.U.E.: 39 SPECIAL CONDITIONS: 1. Neighborhood commercial and office buildings shall maintain a 100' setback from the existing residential lots to the south. 2. Residential lots within 150' of the southern property line will be Single Family Detached lots. 3. One direct access may be allowed onto County Road n122. 4. Only 5.0 acres of this parcel may be developed as Neighborhood Commercial and Office uses. 5. Commercial uses shall be located adjacent to County Road and the Golf Course Road. 6. A buffer along the southern P.U.D. perimeter will consist • of landscaping, berming or fencing. USE: Single Family Detached DENSITY: 4.0 - ACREAGE: 15.1 • MAXIMUM L.U.E.: 60 61 voL 2005P „ VOL 2OO5PuE56O . PARCEL: P -10 USE: Single Family Attached Single Family Detached Multi- Family DENSITY: 12.0 ACREAGE: 12.6 MAXIMUM L.U.E.: 105 PARCEL: P -11 USE: Single Family Attached Single Family Detached Multi Family DENSITY: 12.0 ACREAGE: 20.0 MAXIMUM L.U.E.: 168 PARCEL: P -12 USE: Single Family Detached Single Family Attached Multi- Family DENSITY: 10.0 ACREAGE: 82.2 MAXIMUM L.U.E.: 575 62 • • PARCEL: P -13 USE: Single Family Detached DENSITY: 4.0 ACREAGE: 51.6 MAXIMUM L.U.E.: 206 SPECIAL CONDITIONS: 1. The drainageways shall be maintained as natural open space except that roadways may cross the open space and paths may be located in the open space. PARCEL: P -14 USE: Single Family Detached Single Family Attached DENSITY: 8.0 ACREAGE: 18.6 MAXIMUM L.U.E.: 133 SPECIAL CONDITIONS: 1. Access may be provided to parcel P -15 across the golf course at each end of hole #13. 2. A buffer along the southern P.U.D. perimeter will consist of landscaping, berming or fencing. PARCEL: P -15 USE: Single Family Attached Single Family Detached DENSITY: 8.0 ACREAGE: 25.7 MAXIMUM L.U.E.: 184 63 VOL 2005PAi,E 561 •) • 1i VOL 2005 562 . PARCEL: P -16 USE: Single Family Detached Single Family Attached DENSITY: 6.0 ACREAGE: 26.4 MAXIMUM L.U.E.: 158 SPECIAL CONDITIONS: 1. Two access points may be provided to the property north of Franklin 582. 2. Access shall be provided to parcel P -12. PARCEL: P -17 USE: Single Family Attached Single Family Detached DENSITY: ACREAGE: MAXIMUM L.U.E.: SPECIAL CONDITIONS: 6.0 6.0 36 1. A minimum 10' buffer between the eastern P.U.D. perimeter and East Road will consist of landscaping, berming or fencing. 64 • PARCEL: P -18 USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 10.2 MAXIMUM L.U.E.: 61 SPECIAL CONDITIONS: 1. A minimum 10' buffer between the eastern P.U.D. perimeter and East Road will consist of landscaping, berming or fencing. STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, an APR 17 1991 COUNTY CLERK WILLIAMSON COUNTY, TEXAS 65 VOL 2OO5Pi,i,E563 � • 1 026 w , FILED FO`:_P?ES;ORD 1331 APR 16 P11 t: 13 INDEXED pcznEl APR 22 1991 CITY OF ROUND ROCK PLANNING DEPT. 173 -cL 04(Crelo-Oecm_t, ac./ 1it go?, 184epY ORDINANCE NO. ) / / AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO -WIT: TO ZONE 398.16 ACRES, MORE OR LESS, OUT OF THE E. W. MATTHEWS AND THE JOHN R. RANDALL SURVEYS AS PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 4 WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A ", attached hereto and incorporated herein as Planned Unit Development (PUD) District #4 , and WHEREAS, the City Council has submitted the amendment to 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 amendment on the 7th day of February, 1991, 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 above - described property be zoned as Planned Unit Development (PUD) District #4, and WHEREAS, on the 14th day of February, 1991, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A., Texas Local Government Code, 1990 Edition and Section 11.300, Code of Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council hereby determine that Planned Unit Development (PUD) District #4 meets the following goals and objectives: (1) The development in the proposed P.U.D. #4 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. #4 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. #4 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. #4 will be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. #4 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.305 (2), Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A ", 2 attached hereto and incorporated herein shall be, and is hereafter designated as as Planned Unit Development (PUD) District #4, and that the Mayor is hereby authorized and directed to enter into the PUD (Planned Unit Development) Agreement attached hereto as Exhibit "B ", which agreement shall constitute the Development Plan and shall govern the development and use of said property. A. All ordinances, parts of ordinances. or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 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 a 0 a day y- B of I l 1991. Alternative 2. READ and APPROVED on first reading this the day of 1991. READ, APPROVED, AND ADOPTED on second reading this the day of , 1991. ATTEST: J LAND, City Secretary 3 MIKE ROBINSON, Mayor City of Round Rock, Texas L EXHIBIT "A" This exhibit describes the developable land as follows: Original Franklin Tract 582.35 Acres Less Golf course (Appendix 1) 170.00 Acres Less Golf Course Access Road (Appendix 2) 14.19 Acres AREA DESCRIBED 398.16 Acres EXHIBIT "A" to City of Round Rock Ordinance No. 0 9 7 Consisting of Fifteen Pages 1 FIELD NOTES FOR HR. 008 CLARK: EXHIBIT "A" FIELD NOTES FOR A 398.16 ACRE TRACT OF LAND: 9n( 1O20rAE( 815 _ 9U 01100 582.35 acres of land, of which 237.13 a are sltuac,d to the E. W. Hae0hentSurvey. Abscraet No. 449 and 345.22a a sicuaeed in the John H. Randall Survey, Abstract No. 531 in Williamson County, Texas; said land being a portion of ehae certain First Tract, called 640 e s and Second Tract, called 289 a res, a conveyed to Otto C. Pflugerby decd a recorded in Volume 347, Page 574, of the Decd Records of WilliamsonCouncy, Texas, and chat certain crate of land, called 100 acres, as conveyed to Otto C. Pfluger by decd as recorded in Volume 355, Page 394. of the Deed Records of Williamson Ceuney, Texas. Surveyed on the ground in the conch of January. 1984, under the mupervislon of R. T. Hagness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin set ac a fence corner on the East line of County Road No. 122, and being the N.V. corner of the above - referenced • 100 -acre Pfluger tract, for the N.U. cor n er hereof;, said point being on or near the North line of the John 1l. Randall Survey, A -531; THENCE. 0100 a fence along the North line of the ltd 100 -acre Pfluger and along or near the said North line of the John H. Randall Survey, A -531, as Callous: S 89 34' 30•• E, 925.10 feet co a 404 nail set; S 89' 06' 30" E, 1019.51 feet co an iron pin found; 5 89' 15' 30" E. passing the N.E. corner of the said 100 -acre Pfluger trace and the most northerly N.E. corner of the above referenced Pfluger Second Tract. and continuing vich a fence along the North line of chi aid.P(luger Second Traec, for a total distance of 1021.61 feet, in all, t o a 404 nail s or ; S 88' 53' E, passing by o rcorner the N.E. corner of the sand John H. Randall Survey and the 0.0. of the E. W. Hatches, Survey, A -449, being the N.E. corner of ;he said Pfluger Second Tract and the N.W. corner of the above- referenced Pfluger F1rsc • Trace, and continuing with the fence along the North line of the said Pfluger First Tract and along or near clle florch line of the said E. U. Hacthevs Survey, for a total distance of 1031.93 fee in all, co a n iron pin found; 5 88' 50' E, 381.12 (etc to an iron pin sec ac a fence corner and 5 89' 13' E, 503.24 feet no a petal post, for the' most northerly N.E. corner hereof; THENCE 5 12' 04' 0, 612.04 feet to an iron pin sec; S 48' 10' W, 766.74 feet co a 404 nail set in a fence, and 5 9' 57' 30" W, 425.53 feet, vich the said fence, co an iron pin sec for an Sncerior corner hereof: THENCE 5 89' 17' E. 3241.38 feet co an iron pin sec in a fence on the F.,nt lint- of the said Pfluger Firsc Traec, being on near ar the East l ins of chi L. t'. Hacthewe Survey, for the cost career ly 1e N.E. corner hereof; THEINCE, with a fence along the said Ease line of the Pfluger First Tract, and along or near the said East line of the E. 0. Hatches, Survey, as follows: S 0' 48' W, 4 3 7 , 7 0 feet co an iron p 1 0 0 0 1 0 1 a fence a and S 0' 45' 30" V. 1531.03 feet to an iron pin act.• for the most easterly S.E. corner hereof: THINE! N 89' 17' W, 2581.89 feet to an iron pin sec for an interior corner hereof; THLNCE 5 0' 4)' V. 1512.14 feet co 4n iron pin found at a fence corner for the most southerly S.C. corner hereof; THD:CE, with a fence. N 89' 19' W, 1125.00 (eec co an n pin sec on or r n ar the common line between the said E. W. hatches's Survey and the John H. Randall Survey, being the common line becueen the said Pfluger First Tract and the said Pfluger Second Tract, and A EXN1a1T� \ �Srd c oc er t li33011, 0r..r. I'agc 1 of 3 2 vnt 1020 1,rt 816 • FIELD N0TE5 FOR MR. BOB CLARK, Conc. S 87' 03' 17, 163.99 feet to an iron pin found for the most southerly 5.17. corner hereof; _ 1 THENCE N 1" 23' JO" E. 431.50 feet co an iron pin found for an interior corner hereof; INCNCE 8 8B' 56' 30" 8, 1106.09 feet to an iron pin found marking the S.E. corner of Jackrabbit Subdivision, a subdivision of record in Cabinet E. Slides 213 -214 of the Plat Records of 1i111amson County, Yc.,as, for a souchveseer ly corner hereof; 41ENCE N 0' 58' 30" E. 790.36 feet to an iron pin found marking the N.E. co r nr of the said Jackrabbit Subdivision for an interior corner nereof; THENCE N 88' 41' 11, 2404.80 feet co an iron pin found on the said East line of County Road No. 122, marking the N.N. corner of the said Jack- rabbit Subdivision, for the most westerly S.N. corner hereof; THENCE, nfth a fence, along the said East line of County Road No. 122, as follows: N 0' 43' E. 1443.73 feet co a 40d nail set; N 0' 36' E. 1022.83 feet to an iron pin set; N 76' 26' 30" E. 40.50 feet to an iron pin set; 0 6' 38' 30" 11, 259.14 feet to an iron pin not and H 1' 07' E, 255.13 feet co the place of 066189I86 and containing 582.35 acres of land. SAVE AND EXCEPT a certain 170 acre tract described in Appendix 1 to this Exhibit, and a certain 14.19 acre Tract described in Appendix 2 to this Exhibit. 3 ' 0 ', 1 l'age 2 of 3 NOTE: The above - described tract of land is subject to a 10- foot -vide Public Utility Easement along and 10 feet South of the entire moat northerly North line. The above - described tract of land is subject co an ea c ement to Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milani Counties of record in Volume 430, Page 643 of the Deed Records of Williamson County, Texas. STATE OF TEXAS 1 KNOW ALL MEt) BY THESE PRESENTS: COUNTY OF WiLLIAMSON 1 1. R. 7. Magness. Jr., Registered Public Surveyor, do hereby certify chat the above - described trace of land was surveyed on the ground under my personal supervision during the pooch of January, 1984, and chat said dcseripclon is.true and correct co lche best of my knowledge and belief. • TO CERTIFY WHICH, WITNESS my hand and •seal at Georgetown, Williamson County, Texas, this the 12th day of January, 1984, A.D. L EXNIBITA 27 B 6 e c g e r C e 3 o. 3 . 1 .a Rev, bed 4 -9 -84 for N a. O. IN m. omeono.u.u,w 4 is . e a, 1. w&Chfit. it. , NOTt: Access to a 100.00 acre trace in the K.E. corner 1 +33 of the said ?finger FSret ]race is along o calsting Pasture Road or as shown, said access c c aces �. a i 'a a SUP, to be 60 feet vide. ' Page 2 of 2 Job No 920 !'age 3 of 3 PIE337 tQ1(1S APPENDIX 1 TO EXHIBIT 'A' Page 1 of 4 BEING 170.00 acres of land out of the 6. W. 9latl(tor, Survey. Abatrecl No. 449. and the John H. [tendoll Survey. Abstract No_ 511. Wllliomson County. Texan. and being n pert of that certain 582.35 acre tract of land described in e decd to nen Franklin Corporation recorded in Polio. 1020 at Page 817. Off(einl Records of Williamson County. and being note particularly described by metes and bounds es (glows. BEGINNING at the norllieeet corner of sold 582.35 e am c tract. id point also being the southeast corner of Oak Bluff Estates. Phase 2. a subdivlelon of record filed in Cabinet F. Slide 253. Plat Records of Williamson County; THENCE S 11° 59' 28" If a distance of 810_09 feet to an iron rod found; THENCE S 48° 10' 52" W a distance of 766_07 feet to on icon rod found; THENCE 5 09° 53' 39" W • diotance of 425.73 feel to an Iron rod found; THENCE S 89 17' 00" E a distance of 490.09 feet to an Iron red nn(; T11EE. traversing the interior of said 592.15 acre tract. the following described courses and distances to iron rods sot: (1) S 00° 00' 00" W a distance of 170.00 feet: (2) S 77 12' 11" E a distance of 795.39 feet; (3) V 89° 04' 33" E a distance of 620.08 feet; (4) S 78° 10' 19' E a distance of 975.72 feet: (5) 5 50° 31' 39" E a distance of 110.11 feet; (6) S 28° 33' 54" E a distance of 223.61 feel; (7) S 05° 42' 38" W a distance of 201.00 (eel: (8) 5 15° l5' 18" 6 a distance 0f 342.05 feet; (9) S 20° 33' 22" w a distance of 128.16 feet; (10) S 56° 18 36" W e distnnce of 90.14 feet; (11) S 35° 20' 46" W a distance of 210.24 feet; (12) S 90° 00' 00" W • dlatance of 110.00 feet; (I3) S 56" 18' 36" b' a distance of (44.21 (eat: (14) N 72° 58' 35" W a distance of 920.49 feet: (15) 4 79° 41' 43" W a dlatance of 559.02 feet: (16) S 64° 58' 59" W a dieter.° of 105.53 feel: (17) S 18° 07' 19" W a dlatance of 578.71 feet; (18) S 19 56' (5" W a distance of 560.80 feet; (19) S 62° l4' 29" W • distance of 107.35 feet: (29) S 90° 00. 00" W a distance of 195.00 feet; (21) :1 52° 48' 55" W a distance of 182.00 (eel; (22) N 03° 15' 07" E a distance of 440.71 feet: (23) 5' 26° 33' 54" E a distance of 111.80 feet; 5 624) 5 62° 54 16' ti a distance of 241.51 foci; (25) N 00° 00' 00" 6 . distance of 215.00 feet; (26) N 34° 33' 45" C e distance of 273.22 feet; (27) N 09° 27' 44" W 6 distance of 182.48 feel: (28) N 32° 00. 19^ W a distance of 377_76 feet; (29) N 03° 21' 59" Ca distance of 425_73 feel: (30) N 21° 30' OS" W a distance of 532.02 (eel: (31) N 07° 12' 51" 6 a distance of 796_30 feet: (32) N 64° 03' 28" W a distance of 205.73 feet: (33) 5 59° 02' Ll" W n distance of 174.93 feet; (34) 7 53° 16' 02" 1( a distance of 418.00 feet; (35) 5 45° 00' 00" W a distance of 671.75 feet; (36) S 00° 00' 00" W a distance of 325.00 feet; (37) 5 54° 14' 46" W a distance of 308.08 feet; (38) S 10° 21' 59" W a distance of 416.80 feel: (39) 5 15° 48' 09" C a distance of 550.82 feet; (40) 5 00° 00' 00" W n distance a( It0.00 (act; (4)) 5 30° 34' 45" W a distance of 127.77 feet; (42) 5 57° 43' 28" 6'a distance of 112.36 feet: (43) S 90° 00' 00" 6 o distance of 365.00 feet; (44) N 19° 13' 50" W a distance of 227.71 feet; (45) N 48° 14' 23 W a distance of 187.68 feet: (46) S 90° 00' 00" W a distance of 260.00 feet: (41) S 81 47' 34 W a distance of 525.38 feet; (48) 5 46° 47' 24" W a distance of 452_77 feet; (49) N 77° 00' 19" W • distance of 66.71 feet: (50) N 26° 33' 54" if a distance of 78.26 feel; (51) 5 90° 00' 00' W a distance of 150.00 feet; (52) N 17° 44' 41" W a distance of 131.24 feet: (53) N 61° 28' 37" W a dlatance of 281.77 feet; (54) N 43° 01' 30" W a dlelance of 205.10 feet: (55) N 12° 52' 30" W a distance of 179.50 feet: (50) N 20° l9' 23" 6 a distance of 431.89 feet; (57) .5 06° 04' 21' W a distance of 216.33 (cet: (349 10 23° 02' 22" W a distance of 472.70 feet: 6 l'agc2of4 (59' \ 00' 00' 00" 0 a distance of 165.00 feel: (601 2' 59° 11' 01" 0 a distance of 331.85 feel; (51) N 77° I6' 51" E a distance of 221_02 feet; 162) N 53° 58' 22" E e distance of 1088.12 (cet: (63) 5 54° 17' 36" E a distance of 794.08 feet; (64) ti 15' 30' 35" E a distance of 384.68 feet; (65) 5 53° 38' 49" E a distance of 776.03 feet; (66) N 37' 41' 39" E • distance of 139.01 feet; (67) N 12° 13' 30" W a distance of 306.96 feet; (68) N 13° 17' 55" E • distance of 282.57 feet: (69) N 74 30' 41" E a distance of 430.64 (eel; (70) 21 40° 48' 54" a distance of 436.03 feet: (71) N87° 34' 50" E a distance of 355.32 feel; (72) N 57° 46 58" E s distance of 165_18 feet to an iron rod set In the north lint of said 582.75 acre tract; I770N'E with the north Zinc of said 522_35 acre tract and the south line of Oak Bluff Estates. Phase 2, the following described three (3) courses and distances: (1) S 88° 53. 40" E a distance of 283.81 feet to an Iron rod found; (2) S 88 47' 57" E • dletence of 380.72 feet to an Iron rod found, and; (3) S 89° 02' 29" E a distance of 501.86 feet to the Place of Beginning, containing 249.851 acres of lend. SALE AND EXCEPT PARCEL 1. described as foliose. to wit: BEGINNING at a point In said 582.35 acre tract, said point being in the interior of the above described 249.851 acre tract, and from Wltich the northeast corner of said 582.35 acre tract beers N 12° 05' 37" E a distance of 1985.27 feet; TICENCE traversing the Interior of said 249.851 acre tract, the following described course, and distances to iron rods net; (t) S 68° 59' 48" E a distance of 399.85 feat: (2) N 80° 14' 31" E a distance of 796.52 feet: (3) S 59 02' 11" E a distance of 670.56 feel; (4) S 06" 40' 00" 20 a distance of 387.62 feet: ( S 20° 37' 22" W a distance of 170.88 feet; (6) 5 59° 5l' 71" W a distance of 179.27 feet; (7) N 60° 56' 43" W a distance of 760,75 feet: ( N 50° 37' if" W a distance of 252.24 feet; (9) N 65° 39' 32" W a distance of 230.49 feet; (10) S 90 00' 00" W a distance of 81E40 feet; (II) h 12° 19' ll' W a distance of 579.33 feet; 7 rage 3of4 (1!) 70 38° 09' 28" E a distance of 178.04 feet to the Place of Beginning. containing 25.296 acres of land. SAVE AWD EXCEPT PARCII. 2, described se foltou9, to wit: BEGINNING at a point In said 582_33 acre tract Geld point I.eiug in the interior of the ahnve described 249.851 acre tract, and from which the northeast corner of said 582.35 acre tract bears N 6]° 22' 40" E a distance of 2903.79 feet: TNEK:E. traversing the interior of s aid 2(9.851 acre tract. the following described courses and distances to iron rads set; (1) S 15° S6' 43" W a distance of 291.20 feel: (2) S 10° 42' 00" IY a distance of 630.00 feet; (31 S 68 36' 00" W a distance of 1212.19 feet: (4) N 61° 00' 00" If a distance of 508.13 feet: (5) N 45° 47' 05" E a distance of 258.12 feet: (6) h 00° 00' 00" E a distance of 180.00 (Get: (7) \ 24° 53' 29" 8'a distance of 673.44 feet: (8) V 45° 09' 58" F a distance of 1252.90 feet: (9) N 72° 53' 50" E a distance of 104.58 feet: (90) S 18 05' 00" E a distance of 515.46 feet: (II) S 67° 22' 49" E a distance of 780.00 feet to the Place of Beginning. containing 54.555 aLrea of land. The net area of the tract of land described herein is 170.00 acres. 1 Stan Coal(er. BPS. 1,30,2 9 -12 -89 . p f C I .StAt e 8 Page 4of4 TRACT ONE API'END[X 2 T EXHIBIT'A' FIELO NOTE DESCRIPTION Of TWO TRACTS OF LAND BEING OUT OF TII( REMAINDER OF THAT CERTAIN 582.35 -ACRE TRACT OF LAND SITUATED IN THE E.W. MATTHEWS SURVEY, ABSTRACT N0. 449 AND THE .10110 11. RANDALL SURVEY, ABSTRACT N0. 531, WILLIAIISON COUNTY, TEXAS, 5AID 582.35 ACRES BEING CONVEYED TO BEN FRANKLIN CORPORATION, A TEXAS CORPORATION, BY INSTRUMENT IN VOLUME 1020, PAGE 812, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TWO TRACTS OF LAND, BEING HEREIN MORE PARTICULARLY DESCRIBED FOR RIGHT -OF- WAY PURPOSES, BY METES AND BOUNDS ABSTRACT ONE, BEING 10.7450 ACRES AND TRACT TWO, BEING 3.4506 ACRES AS FOLLOWS: BEGINNING at an iron rod set on the east right -of -way line of Williamson County Road No. 122, same being the west line of said 582.35 acres from said POINT OF BEGINNING a 1/2 -inch iron rod found for the southwest corner of said 582.35 acres bears S00 ° 45 . 18 "W a distance of 247.55 feet; THENCE continuing with the aforementioned common east right -of -way line and west line of the 582.35 acres, same being the west line hereof, N00 ° 45'18 "E for a distance of 160.00 feet to a I/Z -inch iron rod set; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract with the north line of the herein - described right -of -way the following described courses and distances to 1/2 -inch iron rods set: I) S44 ° 14'35 "E for a distance of 28.29 feet; 2) S89 ° 14'28 "E for a distance of 50.30 feet to a point of curvature of a curve to the left; 3) With said curve to the left having a radius of 330.00 feet, a central angle of 34 ° 14'51 ", a long chord of 194.33 feet (chord bears N73 ° 38'07 "E) for an arc length of 197.25 feet to a point of tangency; 4) N56 ° 30'42 "E for a distance of 277.32 feet to a point of curvature of a curve to the right; 5) With said curve to the right having a radius of 520.00 feet, a central angle of 61 ° 53'58 ", a long chord of 534.86 feet (chord bears N87 ° 27'40 "E) For an arc length of 561.78 feet to a point of tangency; 6) 561 ° 35'23 "E for a distance of 214.54 feet to a point of curvature of a curve to the left; 7) With said curve to the left having a radius of 430.00 feet, a central angle of 56 ° 40'51 ", a long chord of 408.25 feet (chord bears S89 ° 55'47 "E) for an arc length of 425.38 feet to a point of tangency; 8) N61 ° 43'50 "E for a distance of 154.29 feet to a point of curvature of a curve to the right; 9) With said curve to the right having a radius of 570.00 feet, a central angle of 41 ° 34'51 ", a long chord of 404.64 feet (chord bears N82 ° 31'14 "E) for an arc length of 413.66 feet to a point of non - tangenc 10) S70 ° 15'53 "E for a distance of 536.25 feet to a non - tangent po of cu rvature of a curve to the left; 11) With said curve to the left, having a radius of 290.00 feet, a central angle of 107 ° 03'49 ", a long chord of 466.43 feet (chord bears 849 ° 46'44 "E) for an arc length of 541.90 feet to a point of tangency; 12) NO3 ° 45'10 "W for a distance of 295.73 feet to a point of curvature of a curve to the right; 13) With said curve Lo the right having a radius of 710.00 feet, a central angle of 27 ° 31'39 ", a long chord of 337.84 feel (chord bears 1110 "E) for an arc length of 341.12 feel to a point of tangency; 14) N23 ° 46'31'5 for a distance of 327.06 feet to a paint of curvature of a curve to the left; 9 I'age 1 of 7 15) With said curve Lo the left having a radius of 420.00 feet, a central angle of 83 ° 36'25 ", a long chord of 559.93 feet (chord bears 818 ° 01'44'W) for an arc length of 612.87 feet to a point of tangency; 16) 5159 ° 49'56 "W for a distance of 170.58 feet to a point on the common interior line of said 170 -acre tract and the remainder of said 582.35 -acre tract of land for a corner hereof; THENCE with the aforementioned common interior line, same being a line hereof, 800 ° 00'00 "E for a distance of 69.40 feet to a 1/2 - inch iron rod set for a corner hereof; leaving THENCE continuing hr ugh said the fof aforementioned 582.35-acre interior tract the following described courses and distances to 1/2 -inch iron rods set: 1) S59 ° 49'56 "E for a distance of 205.46 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 480.00 feet, a central angle of 83 ° 36'25 ", a long chord of 639.91 feet (chord bears S18 ° 01'44 "E) for an arc length of 700.42 feet to a point of tangency; 3) 523 for a distance of 327.06 feet to a point of curvature of a curve to the left; 4) With said curve to the left, having a radius of 650.00 feet, a central angle of 27 ° 31'39 ", a long chord of 309.29 feet (chord bears S10 ° 00'39 "W) for an arc length of 312.29 feet to a point of tangency; 5) S03 ° 45'10 "E for a distance of 295.73 feet to a point of curvature of a curve to the right; 6) With said curve to the right having a radius of 350.00 feet, a central angle of 107 ° 03'49", a long chord of 562.93 feet (chord bears 549 ° 46'44 "W) for an arc length of 654.01 feet 7) N76 ° 41'20' ° W for a distance of 532.88 feet to a non - tangent point of curvature of a curve to the left; 8) With said curve to the left having a radius of 450.00 feet, a central angle of 41 ° 34'51 ", a long chord of 319.46 feet (chord bears 582 ° 31'14 "W) for an arc length of 326.58 Feet to a point of tangency; 9) S61 ° 43'50 "W for a distance of 154.29 feet to a point of curvature of a curve to the right; 10) With said curve to the right having a radius of 550.00 feet, a central angle of 56 ° 40'51 ", a long chord of 522.18 feet (chord bears 989 ° 55'47 "W) for an arc length of 544.10 feet to a point of tangency; 11) N61 ° 35'23 "W for a distance of 214.54 feet to a point of curvature of a curve to the left; 12) With said curve to the left having a radius of 400.00 feet, a central angle of 61 ° 53'58 ", a long chord of 411.43 feet (chord bears S87 ° 27'40 "9) for an arc length of 432.14 feet to a point of tangency; 13) 556 ° 30'42 "W for a distance of 277.32 feet to a point of curvature of a curve to the right; 14) With said curve to the right having a radius of 450.00 feet, a central angle of 34 ° 14'51 ", a long chord of 264.99 feet (chord bears S ° 30'07 "11) for an arc length of 260.98 feet 15) N89 ° 14'28'W For a a g distance of 50.29 feet; 16) S45 ° 45'25 "W For a distance of 28.28 feet to the POINT Of BEGINNING of the herein - described TRACT ONE containing 10.7450 acres (468,052 square feet) of land area. 10 Page 2of7 rage 3 of 7 BEGINNING at an iron rod set on the interior line of said 170 -acre tract, same being an Interior line of said remainder of the 582.35 -acre tract and the west line hereof, from which the Point of Beginning of TRACT 011E bears S47 ° 42'39 "W a distance of 3379.41 feet; THENCE leaving the aforementioned common line and through said remainder of the 582.35 - acre tract the following described courses and distances to l/2 -inch iron rods set: 1) N59 ° 49'56 "W for a distance of 93.37 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 541.03 feet, a central angle of 47 ° 46'32 ", a long chord of 438.18 feet (chord bears N35 ° 56'411) for an arc length of 451.13 feet to a point of tangency; 3) N12 ° 03'32 "W for a distance of 135.00 feet to a point of curvature of a curve to the right; 4) With said curve to the right having a radius of 330.00 feet, a central angle of 38 ° 56'33 ", a long chord of 220.00 feet (chord bears 1107 ° 24'52 "E) for an arc length of 224.29 feet to a point of compound curvature of a curve to the right; 5) With said curve to the right having a radius of 415.73 feet, a central angle of 31 ° 12'40 ", a long chord of 223.67 feet (chord bears N42 ° 29'29 "E) for an arc length of 226.46 feet to a point. of tangency; 6) N58 ° 05'50 "E for a distance of 392.61 feet to a point of curvature of a curve to the right; 7) With said curve to the right having a radius of 610.02 feet, a central angle of 32 ° 59'47 ", a long chord of 351.02 feet (chord bears N ° 35'44 "E) for an arc length of 355.92 feet to a point of tangency; 8) 588 ° 54'23 "E for a distance of 540.73 feet to a point of curvature of a curve to the right; 9) With said curve to the right having a radius of 1194.99 feet, a central angle of 06'59'52", a long chard of 145.86 feet (chord bears S05 ° 24'27 "E) for an arc length of 145.95 feet to a point of tangency; 10) S81 ° 54'31 "E for a distance of 53.78 feet to a 1/2 -inch iron rod set on the common interior line of said 170 - acre tract and said remainder of the 582.35 -acre tract for a corner hereof; TRACT TWO THENCE with the aforementioned common line, S57 ° 46'58 "il for a distance of 92.75 feet to a 1/2 -inch iron rod set for a corner hereof; ' THENCE leaving the aforementioned line and through said remainder of the 58 2.35 -acre tract the following described courses and distances to 1/2- inch iron rods set: 1) 1481 ° 54'31 "W for a distance of 16.95 Feet to a point of curvature of a curve to the left; 2) With said curve to the left having a radius of 1134.99 feet, a central angle of 06 ° 59'52 ", a long chord of 138.53 feet (chord bears N85 ° 24'27 "W) for an arc length of 138.62 feet to a point of tangency; 3) N ° 54'23 "W for a distance of 540.73 feel to a point of curvature of a curve to the left; 4) With said curve to the left having a radius of 558.02 feet, a central angle of 32 ° 59'47 ", a long chord of 316.94 feet (chord bears S74 ° 35'44 "W) for an arc length of 321.36 feet to a point of tangency; 5) 558 for a distance of 392.61 feet to a point of curvature of a curve to the left; 6) WiLh said curve to the left having a radius of 355 73 feet, a central angle of 31 ° 12'40 ", a long chord of 191 39 feet (chord bears S ° 29'29 "14) for an arc length of 193.78 feet to a point of compound curvature of a curve to Lhe left; 11 7) With said curve to the left having a radius of 270.00 feet. a central angle of 38 ° 56'33 ", a long chord of 180.00 feel (chord bears S07 ° 24'52 "4) for an arc length of 183.51 feet to a point of tangency; 8) S12 ° 03'32 "E for a distance of 135.00 feet to a point of curvature of a curve to the left; 9) With said curve to the left having a radius of 481.03 feet, a central angle of 47 ° 46'32 ", a long chord of 389.58 feet (chord bears S35 ° 56'41 "E) an arc length of 401.10 feet to a point of tangency; 10) S59 ° 49'56 "E for a distance of 101.30 feet to a I/2 -inch iron rod set on the common interior of said 170 -acre tract and said remainder of the 582.35 -acre tract for a corner hereof; THENCE with the aforementioned common line, S37 ° 41'39 "W for a distance of 60.52 feet to the POINT OF BEGINNING of the herein- described TRACT TWO containing 3.4506 acres (150,308 square feet) of land area. These field notes are a result of an on- the - ground survey, record information and calculated points under my direct supervision. Page 4 • • Su No. 4807 Dona d . Sigety Registered Profession DES:ek June 12, 1990 Revised 08/20/90 Job No. 601 - 013 -11 00N0.L0 E SIGET 12 co /5 /9 0 .u12 6 /o / 90 l'agc 4 of 7 CURVE No. CENRL• M'CLE RADIUS TutOEM MC C HORD CMORO 65N" IvO Qi 34 330.00' 101.67' 197.25• 194.33' 07735'07E 0 34'14'51' 450.00' 138.64' 268.98• 264.99' 573 Q 61'53'56' 400.00' 239.87' 432.14' 411.43' 09737'4'W 0 61'53'59' 520.00' 311.53' 565,79• 534.66' 58227•40'5 0 Q Q 5640'51' 430.00' 231.92• 425.38• 408.25' 09055'975 0 5640'51' 550.00' 296.65' 544.10' 522.18' 55655'475 C.) 41 430.00' 170.65' 326.58' 319.46• 60237•1r0 Q 41'34'51' 570.00' 216,41' 413.66' 404.64' 40231'14'EJ Ed N / Sketch to Accompany a Field Note Description REMAINDER PORTION OF ,/... 6OI Tr c One, 10.7450 acres and Tract Two, 3.4506 vol. , � 582.35 ACRES � ^ 0u;; 0 18L3 n^ ^0^_;( 6 / n �4- acres dedicated for right•of -way purposes being I N17'44.41 "W 131.24') L / A6Ayti, out of and pan Of the remainder pon,On of that I 5 90 ° 00'00"w - 150 00'1 ----' --- -- ..1 2 N26 ° 53 . 54 ° W - 70.25') O \ ` / .. Official Records of Williamson County, Texas. '"---------- (N17 ° 00'19 "W - 66.71'1 A4 .. REMAINDER PORTION OF J' 582.35 ACRES 9 0 1 0 0 6 05 a 43''^xa j s I 9'I 70LLiLLE ROAD SuI TS 107 ••715:114 , 75x85 76759 REMAINDER PORTION OF THE ORIGINAL BEN FRANKLIN 582.35 ACRES DESCR- IBED IN VOL. 1020, PG. 812 15 68°91' n 69' 36- 3a W _ 2 40480.1 290q }0 • - ' y `g U.S r..'0:, >' r g' .5 '75777E 51. 62 //5%9 0 r OC' U12 E SICE TT U I r.0 45,�7R52 PROFESSIONAL 1.6111 SURVEYOR f�L.Xa�BAa0 /90 H s '2 SCALE: I " 200' CURYE DATA 51'0050 • IRON ROD FOUND 0 I RON ROD SET ( ) RECORD INFORMATION EXHIBIT ° A" \ CITY OF ROJo7 ROCIt 771. 1953 \PO. 759 I / L _ SHEET I OF 3 J09 N0' 601.012.11 09459. L,S, H , Baker- Aicklen L Associates, Inc. ' 09..4.,, I,.c r•,c•r •^I T I Y 3 / SHl_E, r / °2159w2-~ ^\!S C . �S� g 1 6. 00 r 3, j , ' N0°0 CITY cr �tOUrrO 80015 /l 0 9 69 "E 0' - - �'■'''° 4 IO VOL. r. J. 72G \ \`/ •7 / \\ ' p0 \� B / l /, \ / A5 PREPARED BY 1 S 57 26 "W 1 (112.36'1 (544 (127. 3 77') 5 W) De1{L: E 51GETr R <SED PROFESSIONAL L4H0 0 URVEYOR E 8/ 0/90 7 A 5:127 :E145 78759 REMAINDER P0RT10M OF THE ORIGINAL BEN FRANKLIN 582,35 ACRES DESCRIBED IN VOL. 1020, PG, 812 15 N 23 °46.-31 "E Sketch to Accompany a Field Note Description of Tract One, 10.7450 acres and Tract Two, 3.4506 acres dedicated for right -of -way purposes being out of and pan of the remainder portion of that certain 582.35•acre tract of land described in the Official Records of Williamson County, Texas. (5 0 325.00' ) CURVE DATA CURVE CENTRE RADIUS TANGENT! AAC 1 C90R0 l hORO N0. ANGLE EvRl4G 1i 10703'49' 290.00' 392.37' 541.90' 066.43' N45•46'•4'r 1 0 1 0703'49' 355.00' 473.55' 554.01' 562.93' 154946'44•x 1 0 2731'39' 650.00' 159.22' 312.29' 309.29 O 27'31'39' 710.00' 173,92' 301.12' 337.54' 1 141003'.1 E I U 83'36'25' 420.00' 375.57' 612.57' 559.93'4 5428.01''. (0 83'36'25' 450.00' 4 29 , 22'1700.42' 639.91'1 51601'4+'E I EXHIBIT "A" REMAINDER PORT10n OF 582.35 ACRES SNEET 2 OF 3 J05 N0. 601.019.11 OR AWN= L M H Baker- Aicklen & Associates, Inc. ' i9 0 V = Eh1AINDER PORTION OF 582.35 ACRES \�\ 392 61 ._. � \ U 56 4 05 • 50 ' O 592. 6'. 25 60 23 5 64 OS .50 �Y 22 TRACT TWO - 3.4506 ACRESI REMAINDER PORTION OF THE ORIGINAL BEN FRANKLIN 582,35 ACRES DESCRIBED IN VOL, 1020, PG. 812 ,%?....., \N�,1 c5 r_IN 74430_41_ "E) / \ / (930 .64') -- h ', °/1 ? /ryry _I ` 31 4.' '•% '0\ �'k4 ki o S. °D, 9 29 ' / ` • P ,'990T 7WO J 'D. 6 D ' - - .50 _ 7 011E CH37 "E ) 1139,01') O CR 0 30 , qtS q P qG co'` `$4 ' 0 5 0 „f rry r 355 REMAINDER PORTION, OF 582.35 ACRES i Sketch to Accompany a Field Note Description of Tract One, 10,7450 acres and Tract Two, 3.4506 acres dedicated for right-of-way purposes being out of and pan of the remainder portion of Mal certain 582.35-acre tract of land described in the I Official Records of Williamson County, Texas. 40 T3 • 4 1 i 142 .T OAK BLUFF ESTATES PHASE 2 3® / CAB. F, SL, 253 004910 C. 510ETT REGISTERED 7410FE5510N9, L.4.10 SURVEYOR 410, 4007 901 JOLLTVIILE 4090 SultE 07 007111, 4C495 70759 LOT 156 ■ a/4 rNS 9 " \ 5`49 T J3 }Bl 5 9. 3 . SB + /6 .9 5 , 9 R•T 5 , z 2'/ �� CURvE 7AL m7 , RADIUS 7m3EN7 ARC 710. c3 ,® ®• 4746'32' 47'46'32' 36'56'32' 38'56'32' 31'12'40 31 32'59'47' 481.03' 541.03' 330.00' 270,00' 333.73' 415.73' 618,02 32'59'47' 556,02' 6'39'52' 1134,99' 6'59'52' 1194,99' CURVE' DATA 213.04' 239,61' 116,67' 95,46' 99.36' 116.12' 183,05' 165.27' 401,10' 451.13' 224.29' 183.31' 193.78' 226.46' 355.92' 321.36' CHORD CHORD 6 (483710 389.58' S35'56'41' E 438.18' N35'56'41'W 1 220.00' 180.00' 191.39' 223,67' 351.02' 316.94' 710724'52' E 00724'32'4v 54229'27 84726'27 E N74'35'44'7 074'35'44'w 69,40' 139.62' 1136,53' 485'0417'4 73,06' 1145.95'1 065•24•0x3 cp/is /q o 6 /ao /go EXHIBIT "A' SHEET 3 04 3 JOB NO. 01. 033.11 DRAWN 1,71 H Baker- Aicklen I & Associates, Inc, CG111Vt IlnC 7�6,nf( <t AGREEMENT between THE CITY OF ROUND ROCK and FRANKLIN CAPITAL CORPORATION P.U.D. No. FOUR EXHIBIT "B" to City of Round Rock Ordinance No. / oZ 9 7 This exhibit contains sixty-five pages plus two unnumbered notary pages This agreement ( "Agreement ") is made the 0 day of inall_,C{V , 19j, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereinafter called the "City"), and Franklin Capital Corporation, lb its successors and assigns, whose address for purposes hereof is P.O. Box 1723, Austin, Texas, 78767 (hereinafter called the "Owner"). For purposes of this Agreement, the term "Owner" shall mean Franklin Capital Corporation, its successors and assigns; provided, however, that upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Franklin Capital Corporation as to such property shall be assumed by the new owner, and Franklin Capital Corporation shall have no further liability relating to such property, except as • described in Sections 3.5, 3.6 and 3.7 of this Agreement. P.U.D. No. 90 -5501 WHEREAS the Owner has requested a planned unit development from the City for the development of 398.16 acres of land for a mixed residential development and two limited commercial /institutional sites; on a tract of land located within the corporate limits of the City and more particularly described by metes and bounds in Exhibit "A" attached hereto and made part hereof (hereinafter called "the land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316(8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ("Development Plan ") to the City containing terms and conditions for the use and development of the land; and, WHEREAS the Development Plan complies with the provisions of the concept plan • approved by the Planning and Zoning Commission on September 7, 1989, and, WHEREAS the Development Plan complies with the provisions of the Round Rock General Plan 1990; and WHEREAS the City has held two public hearings required by law on c' 1 - 9 1 , and o2 14 to solicit input from all interested citizens 1 and affected parties; and WHEREAS the Planning and Zoning Commission has recommended approval of the P.U.D. zoning on ULUq/1 L), 7 m 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; and WHEREAS, the City and the Owner have previously entered into a Dedication and Development Agreement dated September 28, 1989, as amended (the "Development Agreement "); and WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Owner covenant and agree as follows: 1. LIENHOLDER CONSENT The Owner is the sole holder of fee simple title to the land. 2. DEVELOPMENT AND USE 2.1 Development Parcels The land has been divided into 19 development parcels (parcels) for the purpose of regulating subdivision and development. These parcels are shown on Exhibit "C" attached hereto. To the extent such parcel descriptions conflict with the descriptions set forth in the Development Agreement, the parcel descriptions contained in this Agreement shall control. 2 These parcels may be developed for residential and limited commercial or institutional uses as outlined in Exhibit "D ", attached hereto. 2.2 Living Unit Equivalents The total development of the land shall be limited to 1500 living unit equivalents (L.U.E.) calculated in accordance with the ratios outlined in Exhibit "E ", attached hereto. 2.2.1 Assigned Density The development of each parcel shall not exceed the assigned density shown on Exhibit "D ", except where modified within the limited provisions of this agreement. 22.2 Modification of Assigned Density The assigned density of a parcel may be increased to a density not to exceed the maximum density for that parcel shown on Exhibit "D'; provided that any increase in density for one parcel is offset by corresponding decreases in density for one or more other parcels, in accordance with Section 2.4 of the Development Agreement. Qualifying modifications of assigned densities will be granted in writing by the Director of Planning. When such a modification is granted, it shall state where assigned densities shall be reduced to offset the increase requested. When a modification of an assigned density is granted, the assigned densities of all affected parcels shall be amended accordingly on Exhibit "D ". 2.3 Special Conditions All development and subdivision shall meet the special conditions for all parcels outlined in Exhibits "D ". To the extent such special conditions conflict with any special conditions set forth in the Development 3 3.0 STREETS 3.1 Public Streets • The collector street system for the land shall include, as a minimum, the collector streets shown on Exhibit "F" attached hereto. Agreement, the special conditions set forth in this Agreement shall control. All local public streets shall be constructed in strict compliance with the City subdivision ordinance requirements except where: (a) a modified standard is approved by the Director of Public Works and the Fire Chief of the City in accordance with the criteria outlined in Exhibit "G ", attached hereto and made part of this Agreement, or (b) Owner obtains approval of alternate standards pursuant to the provisions of Section 2.4(g) of the Development Agreement. 3.2 Private Street Standards The Owner shall have the option to designate streets, other than those which function as collector or arterial streets, as private streets and construct these facilities to modified standards approved by the Director of Public Works and the Fire Chief. All plats submitted with private streets shall be accompanied by documentation to create a homeowners association, which shall be responsible for maintaining all private streets and their rights -of -way in perpetuity. The property owner shall provide all necessary easements to service and maintain utility lines within private street rights -of -way and shall hold the City harmless for any damage to streets required to maintain or repair such facilities. The property owner shall also grant the City and County right of access on or over all private streets for all purposes deemed required by the City or 4 County. 3.3 Dedication of Right of Way for Widening County Rd. 122. The property owner shall dedicate to the City, at no cost to the City, additional right of way adjacent to the eastern boundary of the existing right of way of County Road 122 to provide 60 feet of right of way measured east from the existing centerline of the road, for the purpose of future roadway improvements. This shall be dedicated concurrent with the first plat approved for the land. 3.4 Dedication of Right of Way for Golf Course Access Road The property owner shall dedicate to the City, at no cost to the City, a right - of -way containing the Golf Course Access Road, as generally described in Appendix "2" to Exhibit "A ", within thirty days of approval of this agreement by the City Council of the City of Round Rock. 3.5 Construction of Golf Course Access Road The City shall construct, at its sole cost, a twenty -five (25) foot wide roadway, plus two eighteen (18) inch concrete ribbon curbs as shown on Exhibit "H" (the "Golf Course Access Road ") prior to the opening of the Forest Creek Golf Club (the "Golf Course "). The Owner, as defined in Section 3.7 hereof, shall construct at its sole cost a second twenty-five (25) foot wide roadway plus two eighteen (18) inch concrete ribbon curbs from County Road 122 east for a distance of three thousand (3000) feet from its intersection with County Road 122 and parallel with the road known as Forest Creek Drive, as shown on Exhibit "H" (the "Second Golf Course Access Road "). Construction of the second golf course access road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the final plat containing the 600th L.U.E. out of the land. An irrevocable letter of credit in the form and amount required by the City for the paving and 5 drainage associated with said roadway shall be posted with the City on or before the date of approval of the final plat containing the 600th L.U.E. out of the land. 3.6 Construction of Second Access Road to County Road 122 The Owner, as defined in Section 3.7 hereof, shall construct a twenty -five (25) foot wide roadway plus two eighteen (18) inch ribbon curbs from Country Road 122 east approximately 2,500 feet to the Golf Course Access Road known as Forest Creek Drive, as shown on Exhibit "H" hereto (the "Second Access Road "). Construction of the Second Access Road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the final plat containing the 400th L.U.E. out of the land. An irrevocable letter of credit in the form and amount required by the City for the paving and drainage associated with said roadway shall be posted with the City on or before the date of approval of the final plat containing the 400th L.U.E. out of the land. 3.7 Obligation to Construct As used in the foregoing Sections 3.5 and 3.6 only, the term "Owner" shall mean Franklin Capital Corporation ( "Franklin ") or any subsequent owner of all of the land. In the event Franklin should sell the land in parcels of less than the whole of the land, the obligation to construct the Second Golf course Access Road and the Second Access Road shall remain with Franklin, unless the assumption of such obligation by another party is expressly approved by the City. Franklin shall have no further obligation to construct either the Second Golf Course Access Road or the Second Access Road if Franklin sells all of the land to another owner, who shall then assume this obligation from Franklin, and provides written notice thereof to the City; or if Franklin sells a portion of the land to a subsequent owner who assumes the obligation to construct such roadways, provided such assumption is approved, in writing, by the City. 6 3.8 Construction of All Other Roadways The construction of all other roadways shall be the sole responsibility of the Owner. 4.0 ACCESS 4.1 Each development parcel, as shown on Exhibit "C ", shall have a minimum of two separate and distinct all weather access points served by public collector roadways. 4.2 Two twenty -five (25') foot collector roadways plus eighteen (18) inch concrete ribbon curbs shall be provided from parcel "Q" to the Pfluger Tract, as shown on Exhibit "F'. The cross section of each of these collectors may be reduced to twenty-two (22) feet plus eighteen inch (18 ") ribbon curbs if they will ultimately serve less than one hundred fifty (150) dwelling units. 4.3 Except as shown on Exhibit "F ", attached hereto, no access shall be provided to any tract lying south or east of the land, either directly or indirectly. 4.4 The City shall permit the Owner street access across the Golf Course, at points between greens and the next tee, as shown on Exhibit "F ", to parcels " D" and "P ", and in accordance with the terms and conditions outlined in the Land Use Agreement for Golf Course Tract, dated September 28, 1989 (the "Land Use Agreement:). 4.5 Access to major collector street shall be restricted as shown on Exhibit "J" attached hereto. 5. STORMWATER DETENTION Stormwater management and detention for the land has been designed and constructed into the Golf Course pursuant to the Development Agreement 7 authorized by Council's Resolution 1340R. Except as provided in Section 2.2 of the Development Agreement, all existing or future storm water management and detention requirements applicable to the land have been satisfied, as more fully describd in the Development Agreement. • 6. DRAINAGE Drainage plans required for the development of a parcel due to the particular development thereon shall be accompanied by full and complete engineering data, as determined by the City Director of Public Works, necessary to determine the ability to carry the anticipated 100 year design storm flow based on fully developed drainage calculations for the parcel and any upstream areas which would drain through the parcel. No regional storm water management or • detention fees will be imposed in connection with development of any parcel, it being acknowledged that the Owner's obligation with respect thereof has been satisfied, as more fully described in the Development Agreement. Any request to the City Council for modifications of the standards contained in the City's stormwater management ordinances may be granted only upon receipt of sufficient engineering data, to the satisfaction of the Director of Public Works, that appropriate design and maintenance standards have been met. The Owner shall be permitted to overflow the roadway to be constructed between Parcel A and Parcel B which shall include a low water crossing for a collector road in accordance with Section 3.1204 of the Code of Ordinances of the City. 7. PARKLAND DEDICATION All existing or future City parkland dedication requirements for the land have been met in full through the prior dedication of 170 acres of land for a golf course to the City pursuant to the Development Agreement authorized by Council Resolution 1340R. The terms and conditions of this dedication are unaltered by this Agreement. 8. APPLICABILITY OF CITY ORDINANCES S.1 Zoning and Subdivision 8 • • 9. COMPATIBILITY OF AGREEMENTS The provisions of the Development Agreement dated September 28, 1989, as amended, shall apply to the land except where clearly modified by this Agreement. This agreement does not negate or modify, except where specifically stated, any other agreement, pertaining to the land, previously executed by the Owner and the City. However, to the extent that any provisions of this Agreement conflict with any provision set forth in the Development Agreement, the provisions of this Agreement shall control. The land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement, the Development Agreement or the Land Use Agreement or clearly modified by the intent of this Agreement, the Development Agreement or the Land Use Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 8.2 All Other Ordinances All other City Ordinances shall apply to the land except where clearly modified by this Agreement, the Development Agreement or the Land Use Agreement. 10. DESIGNATED CONCEPT PLAN Exhibits "C ", "D ", and "F" attached hereto constitute the Concept Plan required by the City Subdivision Ordinance and revise the concept plan approved by the Planning and Zoning Commission on September 7, 1989, a copy of which is attached hereto as Exhibit "M ". Such revised concept plan is hereby approved by the City. 11. COMPATIBILITY STANDARDS This Development Plan indicates the desired relationship of land uses, interior circulation and access between the Golf Course and the contemplated development of the land. One (1) of the primary purposes of this Agreement is 9 to insure that land is developed and maintained in a manner which will maintain compatibility and overall visual continuity between the Golf Course and the adjacent development due to their interrelationship and close proximity. Accordingly, the City shall have flexibility in imposing reasonable requirements and conditions relative to the siting and design of improvements on the land consistent with the established design precepts as reflected in this Development Plan and the approved concept plan, development guidelines, additional development guidelines and performance standards for the land, as set forth in the Development Agreement. It is the intent of the City and the Owner that the development of the land shall be of a quality which is compatible with the adjacent Golf Course and consistent with first class country club developments which prevail in the area. Accordingly, building design standards applicable to each parcel, which shall address landscaping, the minimum square footage of any uses, and permitted building materials, shall be incorporated into restrictive covenants which shall be submitted to the City for approval at the time a preliminary plat covering such parcel is filed with the City as a part of the platting process applicable to such parcel. The City's approval shall be granted consistent with the statement of intent set forth above, and shall not be unreasonably withheld or delayed. Such restrictive covenants shall be recorded by the Owner, its successors and assigns, at the time a final plat covering such parcel is recorded. It is intended that the proposed building design standards applicable to any parcel shall be reviewed by the City taking into consideration current market conditions and preferences which are consistent with the desired quality development, and it is understood that prevailing market conditions and circumstances may change with time. 12. DESIGN STANDARDS FOR FENCES All fences constructed within twenty -five (25) feet of the boundary of major 10 13. UNDERGROUND ELECTRIC AND UTILITY LINES Except where approved in writing by the Director of Planning and the Director of • Public Works, all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines and overhead lines, three - phase or larger, located around the perimeter boundaries of the land, shall be installed underground. 14. CHANGES TO THE DEVELOPMENT PLAN After this Development Plan has been accepted and approved by the City Council, any substantial alterations in excess of those allowed in Exhibit "D" • shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of this Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his sole discretion, determine what constitutes a substantial change. collectors or the boundary of the Golf Course shall be constructed to the standards outlined in Exhibit "I" attached hereto. 15. ADDITIONAL RESTRICTIONS Compliance by Owners. Each property owner shall comply with, or cause to be complied with, the following additional restrictions and covenants, which restrictions and covenants shall be incorporated into the restrictive covenants submitted to and approved by the City, pursuant to paragraph 11 hereof. 15.1 Temporary Buildings. No tents, trailers, vans, shacks, tanks, temporary accessory buildings or structures shall be erected or permitted to remain on the land; provided, however, that the foregoing shall not restrict or prevent the construction and maintenance of temporary facilities as are 11 essential to the development and construction of the subdivision or used as a sales office in connection with the sale of portions of the land, provided the design and period of use of such sales office are approved by the Director of Planning of the City, which approval shall not be unreasonably withheld or delayed, all such temporary facilities shall comply with the requirements of applicable governmental agencies. 15.2 Mineral Extraction. No portion of the land shall be used for the purpose of boring, drilling, mining, quarrying, exploring for or removing oil, gas, coal, coal tar or other hydrocarbons, minerals, gravel, rock, cement, limestone, sand or earth; provided, however, that nothing contained herein shall prohibit or restrict removal of fill or earth materials to construct the subdivision in accordance with this Agreement. 15.3 Outdoor Storage. No outdoor storage of any nature shall be permitted within any front yard or any yard area which abuts the Golf Course. The storage of up to two cords of firewood is exempted from this restriction in a rear or side yard only. 15.4 Weeds and Underbrush. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the land and no refuse pile or unsightly objects shall be allowed to be placed or permitted to remain anywhere thereon. In the event the property owner shall fail or refuse to keep, or cause to be kept, such owner's property or any improvements thereon free of weeds, underbrush, sight obstruction, refuse piles or other unsightly growths or objects, and such failure or refusal shall continue for fifteen (15) days after delivery of written notice thereof, then the City may enter upon such property and remove or correct the same at the expense of the property owner and such entry shall not be deemed a trespass. Notwithstanding the foregoing provisions of this section to the extent the matters the subject of this section are the 12 subject of currently effective ordinances of the City, the City shall enforce said ordinances in accordance with the terms and provisions thereof. 15.5 Vehicle Parking. To the extent reasonably practical, the property owner shall restrict, limit or prohibit the use of any driveway or parking area which may be in front of, adjacent to or visible from any part of the Golf Course as a parking place for commercial vehicles, trailers, recreational vehicles, self - propelled motor homes, motorcycles and boats; provided, that, to the extent the requirements set forth in the immediately preceding portion of this sentence cannot be accomplished in a reasonably practical manner, said driveways or parking areas shall be screened in a manner reasonably satisfactory to the City's Director of Planning. Overnight parking of automobiles, trucks or commercial vehicles or storage of trucks or commercial vehides in excess of three - quarter ton rated capacity on any portion of the land in front of or adjacent to and visible from the Golf Course, except in enclosed buildings, is prohibited. No unregistered or inoperable motor vehicle or trailer of any kind may be disassembled, serviced, repaired or stored on the land, except in an enclosed building. 15.6 Swimming Pools, Tennis Courts and Sport Courts. Any swimming pool, tennis court or sport court, and the screening or fencing of such, to be constructed on the land adjacent to and visible from the Golf Course shall be subject to the approval and requirements of the City, which shall include, but which shall not be limited to, the following: (1) above ground swimming pools will not be allowed and, (2) the materials, design and construction thereof shall meet standards generally accepted by the industry and shall comply with regulations of all applicable governmental agencies, and shall meet all fence and setback criteria established by this agreement and city ordinances. 15.7 Accessory Buildings: Accessory buildings shall not be permitted in any yard area which abuts the Golf Course. 13 15.8 General Signage Standards. All signs visible from the Golf Course (both temporary and permanent) shall be constructed for low maintenance and shall be approved in advance by the City. In the event a sign is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made within five (5) business days of notification or City shall have the right, but not the obligation, to have repairs made and charged to the sign owner. Prohibited signs include bench signs; billboards; banner signs; signs with flashing or blinking lights or mechanical movement; dayglo colors; signs which make or create noise; animated moving signs; exposed neon, fluorescent or incandescent illumination; painted wall signs; pennants; trailer signs; signs with beacons; and any sign that obstructs the view in any direction of an intersection. 16. HOLD HARMLESS It is acknowledged that golfers from time to time will hit stray golf balls on to the land. Therefore, the restrictive covenants set forth on Exhibit "K ", attached hereto, shall be placed of record in the Deed Records of Williamson County, Texas, at the time any plat containing lots located within fifty feet (50') of the Golf Course is recorded, and such restrictive covenant shall be noted as a plat note on each plat containing lots within fifty feet (50') of the Golf Course. No plat shall be approved without adequate reference to this requirement together with the necessary restrictive covenants. 17. Appendix 1 and 2 to Exhibit "A" may be substituted by the City Attorney with revised field notes describing the Golf Course and the Golf Course access road when the deed to the Golf Course Access Road and the replacement deed for the Golf Course are prepared. 14 • 19. EXHIBITS Exhibits "A" through "M" attached hereto are part of this agreement. 20. ENTIRE AGREEMENT AND MODIFICATIONS. This Agreement, the Development Agreement and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither • this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the City or its designated representative, as set forth herein, and the then owner of the portion of the land affected by such waiver, modification, amendment, discharge or termination. 23. SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid • or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement. In such event, such illegal, invalid or unenforceable provision shall be replaced with a provision which as nearly as possible fulfills the intent of the severed provision, but is not illegal, 18. DEFINITIONS Definitions shall be standard definitions as defined by Blacks Legal Dictionary except where specifically defined in Exhibit "L ", attached hereto or, where applicable, as specifically defined in the Development Agreement. 21. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 22. CAPTIONS. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. 15 24. GENDER OF WORDS. Words of any gender shall include the other gender • where appropriate. 26. STATUS OF PARTIES' RELATIONSHIP. Nothing in this Agreement shall be • construed to make any party the partner or joint venturer of or with respect to any other party. 28. AUTHORITY. Each person executing this Agreement warrants and represents 1 that he has the power and authority to enter into this Agreement in the name, title and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. III invalid or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provisions or by its severance from this Agreement. 25. BINDING EFFECT. This Agreement will inure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 27. COUNTERPART EXECUTION. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. 16 ATTEST: 17 CITY: CITY OF ROUND ROCK, TEXAS Date: Date: By: MIKE ROBINSON Mayor FRANKLIN: FRANKLIN CAPITAL CORPORATION, a Texas corporation By: C 1 p� .. .- ORMAN, III resident I %O. 9/ THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 0L day of • by Mike Robinson, Mayor of the City of Round Rock, Texas. \ CHRISTINE R. MARTINEZ NctMy Putho, Stzte of Texas My Commtssmn ExpIras Ems'_ JUNE 22, 1993 u • Notary Public, State of Texas U Name Printed: af/'I5T /Aie A" . fn/ ,eT /AIEa Commission Expires: 6 - a 2 -93 THE STATE OF TEXAS COUNTY OF TRAVIS ri This instrument was acknowledged before me on the /0 day of Jg■u by J.S. NORMAN, III, President of Franklin Capital Corporation, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Name Printed: P vne/a. s. Thorns Commission Expires: / °// s/ni Original Franklin Tract 582.35 Acres Less Golf course (Appendix 1) 170.00 Acres Less Golf Course Access Road (Appendix 2) 14.19 Acres • AREA DESCRIBED 398.16 Acres EXHIBIT "A" This exhibit describes the developable land as follows: 18 EXHIBIT "A" FIELD NOTES FOR A 398.16 ACRE TRACT OF LAND: FIELD NOTES FOR MR. BOB CLARK: BELNC 582.35 acres of land, of which 237.13 acres a ch situated Ln e E. W. Hacchevs Survey, Abstract'No. 449 and 345.22 acres are sicuaced in the John H. Randall Survey, Abstract No. 531 in Williamson County, Texas; said land being a portion of chat certain First Tract, called 640 acr e s, and Second Traec, called 289 acres, as conveyed co Otto C. Pfluger by decd as eorded in Volume 347, Page 574, of the Deed Records of Williamson Councy, Texas, and chat certain tract. of land, called 100 acres, as conveyed to Otto C. Pfluger by deed as recorded in Volume 395, Page 394, of she Deed Records of Williamson County, Texas. Surveyed on the ground in che month of January, 1984, under ehe supervision of R. T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at an iron pin See ac a fence corner on the Ease line of County Road No. 122, and being the N.17, corner of the above - referenced • 100 -acre Pfluger tract, for the N.W. corner hereo(;.said point being on or near the North line of che John 11. Randall Survey, A -531; THENCE, with n fence along the North line of the sail 100 -acre Pfluger tract, and along or near che said North line of the John H. Randall Survey, A -531, as follows: 5 89' 34. 30" E, 925.10 feet to a 40d nail sec; 5 89' 06' 30" E, 1019.51 feet co an iron pin found; 5 89' 15' 30" E. passing the N.E. corner of the said 100 -acre Pfluger tract and the muse northerly N.E. corner of the above - referenced Pfluger • Second Tract, and continuing vich a fence along the North line of the aid.Pfluger Second Tract, for a total dlscanee of 1021.61 feet, in all. to a 40d nail sec; 5 88' 53' E, passing by or ar the N.E. cornor of che said John H. Randall Survey and che N.W. N. corner of the E. W. Matthews Survey, A -449, being the N.E. corner of the said Pfluger Second Tract and che N.W. corner of the above- referenced Pfluger First Tract, and continuing with the fence along che North line of the said Pfluger First Tracc and along or near the North line of the said E. W. Matthews Survey, for a total distance of 1031.93 feet, in all, to an iron pin found; S 88' S0' E, 381.12 feet to an iron pin sec ai a fence corner and S 89' 13' E, 503.24 feet to a metal post, for che' most northerly N.E. corner hereof; THENCE $ 12' 04' W. 612.04 feet to an iron pin set; 5 48' 10' W, 766.74 feet to a 40d nail sec in a fence, and S 9' 57' 30" W, 425.53 feet, with the said fence, to an iron pin sec for an interior corner hereof; THENCE 5 89' 12' E. 3241.38 feet to an iron pin see in a fence on che F.,ic line of che said Pfluger First Trace, being on or near che East line of che E. W. Harrheos Survey, for che most eascerl1•N.E. corner hereof; THENCE, with s fence along the said East lone of the Pfluger First Tract, and along or near the said East line of the E. W. Matthews Survey, as follows: 5 0' 48' W, 437.70 foes to an iron pin set at A fence corner n and 5 0' 45' 30" W, 1573.03 feet to an iron pin set.' for the most e4sterl) S.E. corner hereof; THUNC' N 89' 17' W, 2581.89 feet 10 an iron pin set for an inLertot corner hereof; TIICNCE 5 0' 43' W. 1512,14 feet co an iron pin found ac a fence corner for the most southerly 5.E. corner hereof; THENCE, with a fence, H 89' 19' W, 1125.00 feet to an iron pin set on or near the common line between the said E. V. Matthews Survey and che John H. Randall Survey, being the common line between the said Pfluger First Tract and the said Pfluger Second Tract, and X1-11B111_4, Steger L I3i33eLl, inc. Page 1 of 3 '101 1020 PAgU T 0 5 5511 Page 1 of 2 Job No 205 ' 19 Page 2 of 3 ' 90 ;50 1 • ' VIZ Val Pi(( 816 / FIELD NOTES FOR MR. 809 CLARK, Cont. 5 87' 03' 4, 163.99 feet co an iron pin found for the most' southerly S.W. corner hereof; THENCE .N 1' 23' 30" E, 431.50 feet co an iron pin found for an interior corner hereof; IHCNCE N 08' 56' 20" W, 1106.09 feet to an iron pin found marking the S.E. corne r of Jackrabbit Subdivision, a 'subdivision of record in Cabinet E, Slides 213 - 214 of the Plat Records of Wi111amaon County, ie..s, for a southwesterly corner hereof; MINCE N 0' 58' 30" E. 790.36 feet to an iron pin found marking the R.F.. corner of the said Jackrabbit Subdivision for an interior corner nereo(; THENCE N 88' 41' 8, 2404.80 feet co an iron pin found on the said East line of County Road No. 122, marking the N.W. corner of the said Jack- rabbit Subdivision, for the most westerly S.W. corner hereof; THENCE, with a fence, along the said East line of County Road No. 122, as follows: N 0' 43' E, 1443.73 feet to a 40d nail act; N 0' 36' E, 1622.83 feet co an iron pin sec; N 76' 26' 30" 0, 40.50 feet to an iron pin set; N 6' 38' 30" W. 259.14 feet to an iron pin set and H 1' 07' E. 255.13 feet co the place of BEGINNING and containing 582.35 acres of land. SAVE AND EXCEPT a certain 170 acre tract described in Appendix 1 to this Exhibit, and a certain 14.19 acre Tract described in Appendix 2 to this Exhibit. 20 NOTE: The above - described tract of land is subject co a 10 - foot Public Utility Easement along and 10 feet South of the entire moat northerly North line. The above - described tract of land is subject to an easement to Brushy Creek Water Control and Improvement District No. 1 of Williamson and Hilam Counties of record in Volume 430, Page 643 of the•Deed Records of Williamson County, Texas. STATE OF TEXAS j COUNTY OF WILLIAHSON 1 1, R. T. Hagness, Jr., Registered Public Surveyor, do hereby certify that the above - described tract of land was surveyed on the ground under my personal supervision during the ponch of January, 1984, and that said description is .true and correct to 'the best of my knowledge and belief. • TO CERTIFY WHICH, WITNESS my hand and ,seal at Georgetown, Williamson County, Texas, this the 12th day of Japuary, 1904, A.P. . • . NOM: Access to a 100.00 acre tract in the N.E. corner of the said Pfluger First Tract is along an tnlsting Pasture Road or as shown, said access • to be 60 feet vide. Revised 4 -9 -84 for N KNOW ALL HEN BY THESE PRESENTS: u rveyor T �an Regi• EXNIBIT B •••• r. 0. totes 000004 uH 21 Page 3 of 3 • • • FIEI.0 N4131TS . APPENDIX 1 TO EXHIBIT 'A' Page 1 of 4 tlEIhC 170.00 acre. of land out of the R. W. 5latthews Survey, Abstract too. 449, and the John H. Randall Survey. Abstract No. 531, Williamson County, Texas. and being a part of that certain 582.35 acre tract of land described in a deed to Hen Franklin Corporation recorded in Vetter 1020 at Page 812, 0fficial Records of Williamson County, and being more particularly described by metes and bounds as (plows: BEGINNING el the northeast corner of said 582.35 e sa c tract. id point also being the southeast corner of Oak Bluff Estates. Phase 2. • subdivision of record filed in Cabinet F. Slide 253, Plat Records of HI(llemson County; THEME S 11 59' 28" W a distance of 810.09 feet to an icon rod found: T982CE S 48° 10' 52" W a distance of 766.87 feet to an iron rod found; THENCE 9 09° 53' 59" W a distance of 425.73 feet to an iron rod found; THEME S 89° 17' 00" E a distance of 490.00 (eel to an iron rod set; 111F'E, traversing the Interior of said 582.35 acre tract. the following described coursca and distances to icon rods set: (1) S 00° 00' 08" W a distance of 170.00 feet: (2) S 77° 12' 11" E a distance of 395.39 feet; (3) V 89° 04' 33" E a distance of 620.08 feet; (4) S 78° 10' 19" E a distance of 975:72 feet; (5) S 50° 31' 39" E • distance of 110.11 feet; (6) S 26° 33' 54" E a distance of 223.61 feet; (7) S 05° 42' 38" W a distance of 201.00 (eel; (8) S 15° 15' 18" E a distance of 342.85 feet; (9) S 20° 33' 22" W e distance of (29.18 feet; (10) S 56° 18' 38" W a distance of 90.14 feet; (11) S 25° 20' 48" W a distance of 210.24 feet; (12) S 90° 00' 00" W a distance of 110.00 feet; (13) 9 56° 18 36" W • distance of 144.22 feet; (14) N 72° 58' 35" W a diatance of 920.49 feet; (15) 2f 79° 41' 43" W a distance of 559.02 feet; (16) S 64° 58' 59" W a distance of 185.53 (eat; (17) 9 18° 07' 19" W a diatance of 578.71 feet; (18) S 39° 56' 11" W a distance of 560.80 feet: (19) S 62° 14' 29" W a distance of 107.35 feet; (20) S 90° 00' 00" W • distance of 195.00 feet; (21) N 52° 48' 55" if a distance of 182.00 feel: (22) N 03° 15' 07" E a distance of 440.71 feel; (23) 6 26° 33' 54" E a distance of 111.80 feet: • 22 624) N 62° 54' 16" E a distance of 241.51 feel; (25) N 00° 00' 00" E e distance of 215.00 feel: (26) N 34° 33' 45" C a distance of 213.22 feet: (27) N 09° 27' 44" W a distance of 182.48 feet; (28) N 32° 80 W a distance of 377.36 feet; (29) 7. 03° 21' 59" E a distance of 425.73 feet; (30) N 21° 30' 05" W e distance of 532.02 feet; (31) N 07° 12' 51' E a distance of 796.38 feet; (32) N 64° 03' 28" W a distance of 205.73 feet; (33) S 59° 02' 11" W a distance of 171.93 feet; (34) S 53° 16' 02" W a distance of 418.00 feet; (35) S 45° 00' 00" W • dletance of 671.75 feet; (36) S 00° 00' 00" W a distance of 325.00 feet; (37) S 54° 14' 46" W a distance of 308.08 feet: (38) S 10° 21' 59" W a distance of 416.80 feet: (39) S 15° 48' 09" E a distance of 550.82 feet; (40) 9 00° 00' 00" W a distance of 110.00 feet; (41) S 30° 34' 45" W a distance of 127.77 feet; (42) 3 57° 43' 28" W a distance of 112.36 feet; (43) S 90° 00' 00" W a distance of 315.00 feet; (44) N 19° 13' 50' W a distance of 227.71 feet: (45) N 48 14' 23" W e distance of '187.68 feet: (46) S 90° 00' 00" W e distance of 260.00 feet; (47) S 81° 47' 34" W a dletance of 525.38 feet; (48) S 46° 47' 24" W a dletance of 452.77 feet; (49) N 77° 00' 19" W • distance of 66.71 feet; (50) N 26° 33' 54" W e dietanco of 78.26 feet; (5t) S 90° 00' 00" W a distance of 150.00 feet; (52) N 17° 44' 41" W 8 distance of 131.24 feet: (53) N 61 28' 37" W a distance of 281.77 feet; (54) N 43° 01' 30" W a distance of 205.18 feet; (55) N 12° 52' 30" W a distance of 179.51 feet; (56) N 20° 19' 23" E a distance of 431.89 feet; (57) N 06° 04' 21" W • distance of 236.33 feet; (581 N 23° 02' 22" W a distance of 472.70 feet: 23 Page 2 of 4 ti (59) N 00' 00' 00" E a distance of 163.00 feet: (60) 7 59° 11' 04" E a dlatancc of 331.85 feet: (51) N 37° 38' 51" E a dlatanee of 221.02 feet; (62) N 53° 58' 22" E a distance of 1088.12 feet: (63) S 54° 17' 36" E a distance of 394.08 feet; (64) ti 15' 30' 35" E a dlatanee of 384.61 feet; (85) S 53° 38' 49" E a distance of 776.03 feet; (66) 77 37' 41' 39" E • distance of 139.06 feet; (67) N 12° 13' I0" W a distance of 306.96 feet: (68) N 13° 17. 55" E a dletance of 282.57 feet; (69) N 74° 30' 41" E a distance of 430.64 feet; (70) S 40' 48 54" a distance of 436.03 feet; (71) N 87° 34' 50" E a distance of 355.32 feel; (72) N 57° 46' 58" E a distance of 165.18 feet to an iron rod set in the north line of said 582.35 acre tract; ll(EN:'P. with the north line of said 582.35 acre tract and the south line of Oak Bluff Estates, Phase 2, the following described three (3) courses and distances: (1) S 88° 53' 40" E a distance of 283,81 feet to an Iran rod found; (2) S 80° 47' 57" E a distance of 380.72 feet to an Iran rod found, and: (3) S 89° 02' 29" E a distance of 501.86 feet to the Place of Beginning, containing 249.851 acres of land. SALE AND EXCEPT PARCEL 1. described as Cottons. to wit: BEGINNING at a point In said 582.35 acre tract, said point being in the interior of the above described 249.851 acre tract, and from which the northeast corner of said 582.35 acre tract bears N 12° 05' 37" E a distance of 1985.27 feet; THENCE traversing the Interior of said 249.851 acre tract, the following described courses and distances to iron rods set; (t) S 68° 59. 48" E a distance of 599.85 feet; (2) N 80 14' 31" E a distance of 796.52 feet; (3) S 59° 02' 11" E a distance of 670.56 feet; (4) S 06° 40' 00" P. a distance of 387.62 feet: ( S 20° 33' 22" W a distance of 170.88 feet: ( 5 59° 51' 31" 1f a distance of 179.23 feet; (7) :( 60° 56' 43" W a distance of 360.32 feet; (8) N 50° 37' 51" W a distance of 252.24 feet: (9) N 65° 39' 32" It a distance of 230.49 feet: (10) S 90° 00' 00" W a distance of 830.00 feet; (it) N 32° 19' 11" W a distance of 579.83 feet: 24 Page 3of4 (12) N 38° 09' 28" E • distance of 178.04 feet to the Place of Heginning, containing 25.296 acres of land. SAVE AND EXCEPT PAE.Cl7. 2, described a• follows, to wit: Ofl :INNING at a point In said 582.35 acre tract veld point being in the interior of the ahnve described 249.851 acre tract, and from which the northeast corner of said 582.35 acre tract beers N 63° 22' 40" E a distance of 2903.79 (cot: THEME traversing the Interior of said 249.851 acre tract, the following described courses and distances to iron rads set: (1) (2) (3) (4) (5) (6) (7) (8) (9) S 15° 56' 43" W a distance of 291.20 feet; S 10° 42' 00" 1Y a distance of 630.00 feet; 8 68° 36' 00" 1Y a distance of 1262.19 feet: N 61° 00' 00" 16 a distance of 508.13 feet: N 45° 47' 05'• E a distance of 258.12 feet; N 00° 00' 00" E a distance of 180.00 feet: N 24° 53' 29" W a distance of 673.44 feet: V 45° 09 58" F e distance of 1252.90 feet: N 72° 53' 50" E a distance of 104.58 feet: (10) S 18° 05' 00 E a distance of 515.46 feet; (11) 5 67° 22' 49•• E a distance of 780.00 feet to the Place of Beginning. containing 54.555 acres of land. The net area of the tract of • I � ' / Stan Casper, BP [ SLS 9 -12 -89 land described herein is 170.00 acres. J9 :r { J. S (Af1L(Y COALTER 25 Page 4 of 4 TRACT ONE 0 26 APPENDIX 2 TO EXHIBIT 'A' Page 1 of 7 FIELD NOTE DESCRIPTION OF TWO TRACTS OF LAND BEING OUT OF THE REMAINDER OF THAT CERTAIN.582.35 -ACRE TRACT OF LAND SITUATED IN THE E.W. MATTHEWS SURVEY, ABSTRACT N0. 449 AND THE .1011N H. RANDALL SURVEY, ABSTRACT N0. 531, WILLIAMSON COUNTY, TEXAS, SAID 582.35 ACRES BEING CONVEYED TO BEN FRANKLIN CORPORATION, A TEXAS CORPORATION, BY INSTRUMENT IN VOLUME 1020, PAGE 812, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TWO TRACTS OF LAND, BEING HEREIN MORE PARTICULARLY DESCRIBED FOR RIGHT-OF- WAY PURPOSES, BY METES AND BOUNDS AS' TRACT ONE, BEING 10.7450 ACRES AND TRACT TWO, BEING 3.4506 ACRES AS FOLLOWS: • BEGINNING at an iron rod set on the east right -of -way line of Williamson County Road No. 122, same being the west line of said 582.35 acres from said POINT OF BEGINNING a 1/2 -inch iron rod found for the southwest corner of said 582.35 acres bears S00 ° 45'18 "W a distance of 247.55 feet; THENCE continuing with the aforementioned common east right -of -way line and west line of the 582.35 acres, same being the west line hereof, N00 ° 45'18 "E for a distance of 160.00 feet to a 1/2 -inch iron rod set; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract with the north line of the herein - described right -of -way the following described courses and distances to 1/2 -inch iron rods set: 1) 544 ° 14'35 "E for a distance of 28.29 feet; 2) S89 ° 14'28 "E for a distance of 50.30 feet to a point of curvature of a curve to the left; 3) With said curve to the left having a radius of 330.00 feet, a central angle of 34 ° 14'51 ", a long chord of 194.33 feet (chord bears N73 ° 38'07 "E) for an arc length of 197.25 feet to a point of tangency; 4) N56 ° 30'42 "E for a distance of 277.32 feet to a point of curvature of a curve to the right; 5) With said curve to the right having a radius of 520.00 feet, a central angle of 61 ° 53'58 ", a long chord of 534.86 feet (chord bears N87 ° 27'40 "E) for an arc length of 561.78 feet to a point of tangency; 6) 561 ° 35'23 "E for a distance of 214.54 feet to a paint of curvature of a curve to the left; 7) With said curve to the left having a radius of 430.00 feet, a central angle of 56 ° 40'51 ", a long chord of 408.25 feet (chord bears 589 ° 55'47 "E) for an arc length of 425.38 feet to a point of tangency; 8) N61 ° 43'50 "E for a distance of 154.29 feet to a point of curvature of a curve to the right; 9) With said curve to the right having a radius of 570.00 feet, a central angle of 41 ° 34'51 ", a long chord of 404.64 feet (chord bears 1812 ° 31'14 "E) for an arc length of 413.66 feet to a point of non - tangency; 10) 570 ° 15'53 "E for a distance of 536.25 feet to a non - tangent point of curvature of a curve to the left; 11) With said curve to the left, having a radius of 290.00 feet, a central angle of 107 ° 03'49 ", a long chord of 466.43 feet (chord bears 849 ° 46'44 "E) for an arc length of 541.90 feet to a point of tangency; 12) NO3 ° 45'10 "8 for a distance of 295.73 feet to a point of curvature of a curve to the right; 13) With said curve to the right having a radius of 710.00 feet, a central angle of 27 ° 31'39 ", a long chord of 337.84 feet (chord bears 1110 ° 00'39 "E) for an arc length of 341.12 feet to a point of tangency; 14) N23 ° 46'31 "E for a distnace of 327.06 feet to a point of curvature of a curve to the left; 15) With said curve to the left having a radius of 420.00 feet, a central angle of 83 ° 36'25 ", a long chord of 559.93 feet (chord bears N18 ° 01'44 "W) for an arc length of 612.87 feet to a point of tangency; 16) 859 ° 49'56 "W for a distance of 170.58 feet to a point on the common interior line of said 170 -acre tract and the remainder of said 582.35 -acre tract of land for a corner hereof; THENCE with the aforementioned common interior line, same being a line hereof, N00 00'00 "E for a distance of 69.40 feet to a 1/2 -inch iron rod set for a corner hereof; THENCE leaving the aforementioned common interior line and continuing through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) S59 ° 49'56 "E for a distance of 205.46 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 480.00 feet, a central angle of 83 ° 36'25 ", a long chord of 639.91 feet (chord bears S18 ° 01'44 "E) for an arc length of 700.42 feet to a point of tangency; 3) S23 a 46'31 "W for a distance of 327.06 feet to a point of curvature of a curve to the left; 4) With said curve to the left, having a radius of 650.00 feet, a central angle of 27 ° 31'39 ", a long chord of 309.29 feet (chord bears S10 ° 00'39 "W) for an arc length of 312.29 feet to a point of tangency; 5) 503 ° 45'10 "E for a distance of 295.73 feet to a point of curvature of a curve to the right; 6) With said curve to the right having a radius of 350.00 feet, a central angle of 107 ° 03'49 ", a long chord of 562.93 feet (chord bears S49 ° 46'44 "W) for an arc length of 654.01 feet to a point of non- tangency; 7) N76 ° 41'20 "W for a distance of 532.88 feet to a non - tangent point of curvature of a curve to the left; 8) With said curve to the left having a radius of 450.00 feet, a central angle of 41 ° 34'51 ", a long chord of 319.46 feet (chord bears S82 ° 31'14 "W) for an arc length of 326.58 feet to a point of tangency; 9) 561 0 43'50 "W for a distance of 154.29 feet to a point of curvature of a curve to the right; 10) With said curve to the right having a radius of 550.00 feet, a central angle of 56 ° 40'51 ", a long chord of 522.18 feet (chord bears N89 ° 55'47 "W) for an arc length of 544.10 feet to a point of tangency; 11) N61 ° 35'23 "W for a distance of 214.54 feet to a point of curvature of a curve to the left; 12) With said curve to the left having a radius of 400.00 feet, a central angle of 61 ° 53'58 ", a long chord of 411.43 feet (chord bears S87 ° 27'40 "W) for an arc length of 432.14 feet to a point of tangency; 13) S56 ° 30'42 "W for a distance of 277.32 feet to a point of curvature of a curve to the right; 14) With said curve to the right having a radius of 450.00 feet, a central angle of 34 ° 14'51 ", a long chord of 264.99 feet (chord bears 573 ° 38'07 "W) for an arc length of 268.98 feet to a point of tangency; 15) N89 ° 14'28 "W for a distance of 50.29 feet; 16) S45 ° 45'25 "W for a distance of 28.28 feet to the POINT OF BEGINNING of the herein- described TRACT ONE containing 10.7450 acres (468,052 square feet) of land area. 27 Page 2 of 7 • • ti TRACT TWO Page 3 of 7 BEGINNING at an iron rod set on the interior line of said 170 -acre tract, same being an interior line of said remainder of the 582.35 -acre tract and the west line hereof, from which the Point of Beginning of TRACT ONE bears S47 ° 42'39 "W a distance of 3379.41 feet; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) N59 ° 49'56 "W for a distance of 93.37 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 541.03 feet, a central angle of 47 ° 46'32 ", a long chord of 438.18 feet (chord bears N35 ° 56'41 "W) for an arc length of 451.13 feet to a point of tangency; 3) 612 ° 03'32 "W for a distance of 135.00 feet to a point of curvature of a curve to the right; 4) With said curve to the right having a radius of 330.00 feet, a central angle of 38 ° 56'33 ", a long chord of 220.00 feet (chord bears 1107 ° 24'52 "E) for an arc length of 224.29 feet to a point of compound curvature of a curve to the right; 5) With said curve to the right having a radius of 415.73 feet, a central angle of 31 ° 12'40 ", a long chord of 223.67 feet (chord bears N42 ° 29'29 "E) for an arc length of 226.46 feet to a point of tangency; 6) N58 ° 05'50 "E for a distance of 392.61 feet to a point of curvature of a curve to the right; 7 ) With said curve to the right having a radius of 618.02 feet, a central angle of 32 ° 59'47 ", a long chord of 351.02 feet (chord bears N74 ° 35'44 "E) for an arc length of 355.92 feet to a point of tangency; 8) S88 ° 54'23 "E for a distance of 540.73 feet to a point of curvature of a curve to the right; 9) With said curve to the right having a radius of 1194.99 feet, a central angle of 06'59'52", a long chord of'145.86 feet (chord bears 585 ° 24'27 "E) for an arc length of 145.95 10) S81 °54' of 31 "E for a distance of 53.78 feet to a 1/2 -inch iron rod set on the common interior line of said 170 -acre tract and said remainder of the 58 2.35 -acre tract for a corner hereof; THENCE with the aforementioned common line, 557 ° 46'58 "W for a distance of 92.75 feet to a 1/2 -inch iron rod set for a corner hereof; THENCE leaving the aforementioned line and through said remainder of the 582.35 - acre tract the following described courses and distances to 1/2- inch iron rods set: 1) N81 ° 54'31 "W for a distance of 16.95 feet to a point of curvature of a curve to the left; 2) With said curve to the left having a radius of 1134.99 Feet, a central angle of 06 ° 59'52 ", a long chord of 138.53 feet (chord bears N85 ° 24'27 "W) for an arc length of 138.62 feet to a point of tangency; 3) N ° 54'23 "W for a distance of 540.73 feet to a point of curvature of a curve to the left; 4) With said curve to the left having a radius of 558.02 feet, a central angle of 32 ° 59'47 ", a long chord of 316.94 feet (chord bears S74 ° 35'44 "W) for an arc length of 321.36 feet to a point of tangency; 5) S58 ° 05'50 "W for a distance of 392.61 feet to a point of curvature of a curve to the left; 6) With said curve to the left having a radius of 355.73 feet, a central angle ° of 31 ° 12'40 ", a long chard of 191.39 feet (chord bears 5 42 ° 29'29"W) for an arc length of 193.78 feet to a point of compound curvature of a curve to the left; 28 Page 4 7) With said curve to the left having a radius of 270.00 feet, a central angle of 38 ° 56'33 ", a long chord of 180.00 feet (chord bears S07 ° 24'52 "W) for an arc length of 183.51 feet to a point of tangency; 8) S12 ° 03'32 "E for a distance of 135.00 feet to a point of curvature of a curve to the left; 9) With said curve to the left having a radius of 481.03 feet, a central angle of 47 ° 46'32 ", a long chord of 389.58 feet (chord bears S35 ° 56'41 "E) an arc length of 401.10 feet to a point of tangency; 10) 559 ° 49'56 "E for a distance of 101.30 feet to a 1/2 -inch iron rod set on the common interior of said 170 -acre tract and said remainder of the 582.35 -acre tract for a corner hereof; THENCE with the aforementioned common line, S37 ° 41'39 "W for a distance of 60.52 feet to the POINT OF BEGINNING of the herein - described TRACT TWO containing 3.4506 acres (150,308 square feet) of land area. These field notes are a result of an on- the - ground survey, record information and calculated points under my direct supervision. Donald E. Sigety Registered ProfessionaY Su veyor No. 4807 DES:ek June 12, 1990 Revised 08/20/90 Job No. 601- 013 -11 29 Co/�5/q0 Page 4 of 7 CURVE DATA CUIT,E N0. CENTRAL mots RADIUS TANGENT MC CHORD CHORD BEARING 34'14'51' 330.00' 101.67' 197.25' 194.33' 473'38'076 0 341451' 4-50.00' 138.64' 208.98' 264.99' 87018'07W 0 61'53'58' 400.00' 239.87' 432.14' 411.43' 56727 0 61'53'58' 520.00' 311.83' 661.78' 534.86' N87'27'40'E 0 56'40'51' 430.00' 231.92' 425.38' 408.25' 589'55'47E () 56'40'51' 550.00' 296.65' 544.10' 522.18' 889'55'47w 41'34'51' 450.00' 170.63' 326.58' 319.46' 582'31 41'34'51' 570.00' 216.41' 413.66' 404.64' 982'31'14'E W 0 • • • • • 1 W :F El I ZI / ° I I. 3 F- ZI AS PREPARED BT. UI � Jf7i -a.rn/ � • DONALD E. SIGETT REGISTERED PROFE5510NAL N0. 8807 9111 JOLLTVILLE ROAD SUITE 107 AUSTIN , TE445 78759 t TY OF Sketch to Accompany a Field Note Description REMAINDER PORTION OF ROUND 8ROC< /• of Tract One, 10.7450 acres and Tract Two, 3.4506 582.35 ACRES '�1 , CIL 185 , PG. 798 / a �1 \ acres dedicated for right -of -way purposes being 1 817 °44' "4 - 131.24') /A 6 1 out of and pa " n of the remainder portion of that (5 ° 00'00 "w - 150.00') ------- � / LS \" certain 582.35 -acre tract of and described in the \` // Official Records of Williamson County, Texas. fit- IN77 °00'19 "W- 66.71') o5 s1f REMAINDER PORTION OF , s , 582.35 ACRES ( ° 3354" W- 70.26') 9 10 .,0 5 REMAINDER PORTION OF THE ORIGINAL BEN FRANKLIN 582.35 ACRES DESCR- IBED IN VOL. 1020 , PG. 812 I - 4I W 58° 39 38" - 24 04. 404.3 w- 2909,38' - -'� 6 V/5/9 0 LAN SURVE8O4 f�eu1..a:Og /90 N / r RAC r ONE /0.7450 ACRES SCALE' I "r 200' 11 EXHIBIT "A" .5 L En. ENO • IRON ROD F0 UN 0 IRON ROD SET ( ) RECORD INFORMATION \\ CITY OF ROUND \ \ ROCK VOL 1853, PG. 798 / L� / / SHEET 1 OF 3 JOB 60. 601.013 -II DRAWN: L.M.H. Baker- Aicklen & Associates, Inc. LR..frrl rreL !.•Lr•((es • • • • SH \lE E TOH I 111 °27 � Sy " W � -- " \rs f °0 0 ' 00 " W - 325.00') M 4 1io.0 0 ' J ! / ' V -S�A16, BO Nj NO °00'- 00 "E --\ \ \N ., Fr 2N)3 ROCK / • '308 9 9 A .., 69.40' • \ C1T \O 0 0ti\ Z.N , tpo 11 \9 \ 0 R' ` SS p. 11.0 SO p`C 1" s ORIGINAL BEN FRANKLIN PG. 812 _ (657 ACRES DESCRIBE() IN VOL. 1020, \ i" REMAINDER PORTION OF THE REMAINDER PORTION OF 582.35 ACRES 1 1 1 2 . 3 6 ' ) I (530 34'45 "w) (127.77') N 23 ° 46' -31 "E 327.06 327.06' 23 1 46' -31 "W AS PREPARED ByI 60 5/90 RE515TERED PROFE5510N4L LAND SURVEYORWj l 00/7o N0, 4807 ��/ 1111�''`'''''V V R/ 7 9111 JOLLY VIL LE ROAD 5072E 107 AUSTIN , TE °AS 79759 DONALD E. 210ET7 IS Sketch to Accompany a Field Note Description of Tract One, 10,7450 acres and Tract Two, 3.4508 acres dedicated for right -of -way purposes being out of and pan of the remainder portion of that certain 582.35 -acre tract of land described in the Official Records of Williamson County, Texas. • EXHIBIT "A" • CURVE CENTRAL N0. ANGLE Q 1575349' • 1 070349 O 2731'39 2731'39 ▪ 83 • 83'39'25' CURVE DMA RADIUS (TANGENT 650.00' 159,22' 290,00' 392.37' 350.00 473.55' 710.00' 1 173.92' 420.00' 1375.57' 480.00' 429.22' ARC 541.90' 654,01' 312.29' 341.12' 612.67' 700,42' CHORD CHORD BEARING 309.29' 51000'39 w 466.43' 1 949'40 E 562.93' 1549'46'44'w 337.84' 1 0t000'39E 559.93' 1 N1801 639.91 S1E01 SHEET 2 OF 3 JOB NO' 601. 013-11 DR AWN' L. 4,N. Baker- Aicklen & Associates, Inc. C %1 ,,.... 1 :4,•.■ r••: d O3 n 0' 0 Pf, • • 02 N3 ? EMAINDER PORTION OF 582.35 ACRES \�\ ti P0.5, TRACT ONE 2 ° 0 • 50 (81 37 ° 41'39 ° E 1139.01') J 2• / REMAINDER PORTION OF THE ORIGINAL / � BEN FRANKLIN 582.35 ACRES DESCRIBED 5A IN VOL. 1020, PG. 812 a 8 _ 01 r__ (N74 °30 '441`'E) ( 1<0 PO QG 195 OF 0 \'t' \ , 5 5'15 0 5 ,6 • 4, 5 6' o v a REMAINDER PORTION, OF 582.35 ACRES 9° DONALD E 510 ETT REGISTERED PROFESSIONAL N0, 4807 9111 JOLLTVILLE ROAD SUITE 107 AUSTIN , TEk AS 70759 4. 5 Sketch to Accompany a Field Note Descriptlon of Tract One, 10.7450 acres and Tract Two, 3.4506 acres dedicated for right -of -way purposes being out of and pan of the remainder portion of that certain 582.35•acre tract of land described in the I Official Records of Williamson County, Texas. 1.00 1. / LOT 155 1 4 0. 13 141 ` 142 OAK BLUFF ESTATES PHASE 2 ( Hero ( 3.63 . 4'.; 0 0 • LA Y10 SURVEYOR „f/, t® / CAB, F, SL, 253 Ca //5/4 d /ao /90 EXHIBIT "A" • yC� LOT 156 \ B, rry \\5 ° 465 53 3 8 . 4 9 ` 9 2 . 2 ,, \ • \\ 5 CURVE' DATA CURVE CENTRAL LE RADIUS TANGENT MC CHORD CH000 N0, ANGLE RADIUS 4746'32 47 38'56'32' 38'56'33 31 31'12'40' 32'59'47' 32'59'97' 6'59'52' 6 461.03' 541.03' 330.00' 270.00' 355.73' 415.73' 618.07 558.02' 1134,99' 1199.99' 213.04' 239.61' 116.67' 95.46' 99.36' 116.12' 183.05' 165,27' 69.90' 73,06' 401.10' 451,13' 224.29' 183.51' 193.78' 228.46' 355,92' 321.36' 136.62' 145,95' 389.58' 438.19' 220,00' 180.00' 191.39' 223.67' 351,02' 316,94' 139.53' 145.66' 23556'41'6. 935'56 N0724 E So724'52'W 54729 W 144729 E 974'35'44'0 574'35'44'W N85'24'27'W 965'24'27'6. 511EET 3 OF 3 JOB N0: 601. 013.11 DRAWN: L.M.N. 113-1.1 Baker - Aicklen & Associates, Inc. CON88&t,,,6 (°GI41148 EXHIBIT "B" CONSENTS THERE ARE NO LIENHOLDERS OF RECORD. FDIC IS NOT REQUIRED TO APPROVE THIS AGREEMENT. 33 FRANKLIN CAPITAL CORPORATION, a Texas corporation By: • • ti EXHIBIT "C' DEVELOPMENT PARCELS 34 PARCEL SIZE (ACRES) 21 15 10 49 6 7 10 15 13 20 24 48 10 52 19 26 26 6 10 ASSIGNED L.U.E. 85 54 36 172 24 27 30 60 105 70 108 168 77 180 65 90 92 21 36 MAXIMUM L.U.E. 93 59 40 189 26 30 33 66 116 77 119 185 85 198 72 99 101 23 40 SINGLE FAMILY RESIDENTIAL X X X X X X X X X X X X X X X X X ATTACHED RESIDENTIAL X X X MULTI FAMILY RES. X X X LIMITED COMMERCIAL X X DAYCARE X X CHURCHES X X • • PARCEL SPECIAL CONDITIONS: 1 2 3 1 1 4 3 9 5 6 7 9 8 8 LEGEND OF SPECIAL CONDITIONS: • w 1. Lots adjacent to the northern property line shall have a minimum lot size of 10,000 sq.ft. • LAND USE L.U.E. AND DEVELOPMENT CONDITIONS 2. Lots adjacent to County Road 122 shall have a minimum lot size of 10,000 sq.ft. 3. A maximum of two accesses from this parcel to County Road 122 may be permitted. 4. A maximum of four access points to County Road 122 shall be permitted. 5. All buildings, other than single family detached homes, shall maintain a 100 foot setback from the southern boundary of the parceL 6. Commercial uses shall be located adjacent to County Road 122. (This does not preclude access to the Golf Course access road from this parcel.) 7. A buffer along the southern boundary of the parcel shall be provided by use of landscaping, berming or fencing. 8. Lots adjacent to the southern property line shall have a minimum lot size of 10,000 sq.ft. 9. Total impervious cover shall not exceed 80 percent of each lot. • • AB C D E F G H I C J K L M N O I P I Q R S • • COMMERCIAL BUILDING AREA (SO.FT.) X 6 X LAND AREA (ACRES) LAND AREA ( SQ.FT.) • EXHIBIT "E" CALCULATION OF L.U.E. SINGLE FAMILY RESIDENCE 1 L.U.E. /DWELLING UNIT DUPLEX 0.9 L.U.E. /DWELLING UNIT MULTI - FAMILY OR TOWNHOUSE 0.7 L.U.E. /DWELLING UNIT 36 Note B The major collector roads shall be constructed to include grade separations between the roadway and the golf cart parthway, at the cost of the Owner. EXHIBIT "F' COLLECTOR ROAD PLAN 1 i / Pfluger Tract c__ Note A 37 4 Lane Collector (Dual 25' plus 18" Ribbon Curba) eons 2 Lane Major Collectors (25' plus 18" Ribbon Curbs) 2 Lane Minor Collectors (22' plus 18' Ribbon Curba) Note A The major collector road system may be contained wholly on the land or may be comprehensively designed to serve both the land and the Plluger Tract. EXHIBIT "G" ALTERNATIVE ROADWAY STANDARDS 1. COLLECTOR ROADWAYS (shown on Exhibit "F') 1.1 Four lane collector section * Dual 25 foot pavement widths * Plus an 18" concrete ribbon curb on each side of pavement * Includes a landscaped median a minimum of 14' wide 1.2 Two lane major collector section * 25 foot pavement width * Plus an 18" concrete ribbon curb on each side of pavement 1.3 Two lane minor collector section * 22 foot pavement width * Plus an 18" concrete ribbon curb on each side 1.4 SPECIAL CONDITIONS 1.4.1 NO CLEARING: No clearing of any protected tree, as defined in the City landscape ordinance, within the public right of way of collector roadways shown as a major collector on Exhibit "F" of this agreement, shall be permitted except when a comprehensive design for utilities and landscaping is approved by the Director of Planning and the Director of Public Works. This provision amends the "no clearing" provision shown on Exhibit "B" of the Concept Plan approved by the City Planning and Zoning Commission on September 7, 1989. 1.4.2 PARKING: Parking shall be prohibited on a collector roadway with a cross section of less than 30', except in designated parking areas approved in writing by the Director of Planning as part of the platting process. 1.4.3 ACCESS: Driveway access for single family residential uses is restricted to collector roadways, as indicated on Exhibit "J ". 2. RESIDENTIAL STREETS 2.1 MINIMUM STANDARDS: Residential streets may be constructed to the following minimum standards. These are based on the number of dwelling units which a street serves and the frontage the residential lots to which it provides access. 38 LOT WIDTH <7 7 -14 15 - 30 90' AND ABOVE 17' Plus Ribbon Curbs 17' Plus Ribbon Curbs 19' Plus Ribbon Curbs 60' - 89' 17' Plus Ribbon Curbs 20' Plus Ribbon Curbs 22' Plus Ribbon Curbs LESS THAN 60' 23' Plus Ribbon Curbs 26' Plus Ribbon Curbs 30' Plus Ribbon Curbs * Minimum ribbon curb is 18" NUMBER OF DWELLING UNITS 2.2 SPECIAL CONDITIONS 2.2.1 PARKING: Parking shall be prohibited on all streets with less than thirty feet of pavement width, except in designated parking areas approved in writing by the Director of Planning as part of the platting process. 2.2.2 FIRE PROTECTION: All streets shall be designed to permit access and turning movements for fire trucks. This shall be determined by the City fire official and may result in increasing standards. The City fire official shall determine accessability by applying the regulations and standards contained in the most current edition of the Standard Fire Prevention Code. 2.2.3 CONSTRUCTION: All pavement construction standards shall be in accordance with City codes except as specifically approved in writing by the Director of Public Works to meet the intent of this agreement. 2.2.4 BUILDING SETBACK LINES AND MINIMUM PARKING REQUIREMENTS: 39 Building setback lines may be increased or additional parking may be required to compensate for the loss of street parking resulting from the owner choosing modified street standards. 2.2.5 STREET RIGHT OF WAY WIDTH All street rights of way shall be of sufficient width to accommodate the street plus • utility lines plus drainage swales and sidewalks. 2.2.6 SIDEWALKS The approval of alternative roadway standards does not waive city sidewalk requirements. However, alternative forms of pedestrian access may be approved by the Planning and Zoning Commission as part of the plat approval process. • 40 • • This roadway to be constructed by Owner In accordance with Section 3.6 of this PUD agreement prior to approval of the final plat containing the 400th L.U.E. t This roadway to be constructed by Owner in accordance with Section 3.5 of this PUD agreement prior to approval of the final plat containing the 600th L,.U.E. EXHIBIT "H" Roadway (25' plus 18" ribbon curbs) to be constructed by the City Round Rock. • • • Roadway (25' plus 18" ribbon curbs) to be constructed by the owner. 41 • In order to assure a continuity of design and maintenance of all fences which are located adjacent to either the Golf Course or a roadway designated as a major collector • by this Agreement, the following guidelines shall apply to the construction of fences on the lands. • 1. FENCES ADJACENT TO GOLF COURSE All fences constructed along the boundary of the Golf Course shall be constructed in accordance with the following criteria. 1.1 Design - All fences along the boundary of the golf course shall be constructed of (a) treated split rail wood (two rails) with limestone columns, not to exceed 3.5 feet in height, (b) wrought iron with limestone columns not to exceed 6.5 feet in height, (c) or such other material of equal or greater quality approved in writin by the Director of Planning. 1.2 Maintenance - It shall be unlawful to maintain a fence in such a manner as to allow: ❑ any portion of a fence to lean so that the fence's axis is more than • five (5) degrees out of perpendicular alignment with its base. ❑ missing, loose, or damaged stone or wood rails in the fence. ❑ symbols, writings, and other graffiti on the fence. EXHIBIT "1" FENCE STANDARDS Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the City. 2. FENCES ADJACENT TO ROADWAY 2.1 Rear Property Line Fences adjacent to roadways designated collector roadways by this agreement shall be constructed by the owner as part of the construction of each subdivision 42 and must be completed prior to acceptance of the subdivision. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (Wood, common cement or cinder block, and chain link are specifically excluded.) The design, materials and specifications of such fencing • shall be approved by the Director of Planing and Community Development prior to the approval of the first subdivision plat on the Land. The Owner shall include in his fence design accent landscaping in the public right of way to complement all rear lot line fencing. 2.2 Maintenance - It shall be unlawful to maintain a fence in such a manner as to allow: ❑ any portion of a fence to lean so that the fence's axis is more than five (5) degrees out of perpendicular alignment with its base. ❑ missing, loose, or damaged stone in the fence. ❑ symbols, writings, and other graffiti on the fence. Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the City. • • • 3. While the Land remains undeveloped and has an agricultural tax exemption, the above restrictions are waived to the extent that a standard farm fence shall be permitted. 4 3 7/ • 0 } 1- Z 0 U EXHIBIT "r u " 44 • • �� 1 ' { ` ;?5 FR N i.r if No direct access to single family Tots with leas than 80 feet of frontage end 10,000sq. feet of tot area. No direct access to single family tots* This may be waived by the Planning and Zoning Commission as part of plat approval, at locations where the ultimate number of dwelling units to be served by a section of road will not exceed 150 and the minimum lot frontages are a minimum of 100 feet. EXHIBIT "K" HOLD HARMLESS AGREEMENT between THE CITY OF ROUND ROCK and FRANKLIN CAPITAL CORPORATION Restrictive Covenant to be placed on map or plat and filed with Restrictive Covenants of Subdivisions containing lots which are located within fifty feet (50') of the Golf Course ( "Golf Course Lots ") as shown on the map or plat of the Subdivision: It is acknowledged and agreed that, from time to time, golf balls may be hit which leave the boundaries of the Golf Course and stray onto the Golf Course Lots and which cause a potential danger and hazard to the owners of the Golf Course Lots, their families, tenants, guests and employees, and to personal property situated on the Golf course Lots. Each owner of any of the Golf Course Lots shall and does hereby, on behalf of such owner, his heirs, legal representatives, successors, and assigns, release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Franklin Capital Corporation, and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto such owner's Golf Course Lot. This release shall be a condition of the purchase or sale of each of the Golf Course Lots, and shall constitute a covenant running with the land comprising the Golf Course Lots, which shall be binding upon the owners of the Golf Course Lots, their heirs, successors and assigns, and shall inure to the benefit of the City of Round Rock, Forest Creek Golf Club, Franklin Capital Corporation and their respective successors and assigns." Deed Restriction to be included in deeds to any Golf Course Lots covered directly by Franklin Capital Corporation to a Purchaser: 45 "This conveyance is subject to and, by acceptance of this deed Grantee hereby agrees on behalf of Grantee, his heirs, successors, and assigns, to the following covenant: Grantee, on behalf of Grantee, his heirs, legal representatives, successors, and assigns, agrees to and does hereby release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Franklin Capital Corporation and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto the Property rom Forest Creek Golf Club. The foregoing shall constitute a covenant running with the land comprising the Property, and shall bind Grantee, and Grantee's heirs, successors and assigns and all future owners of the Property. 46 EXHIBIT "L" DEFINITIONS DEVELOPMENT PARCEL: • Means a tract of land designated for subdivision and development for which a single preliminary plat application is required as part of the ongoing approval process. PARCEL SIZE: Means the size of the parcel in acres. The size is approximate and may vary slightly due to more accurate measurement when surveyed. ASSIGNED L.U.E.: • Means the total number of L.U.E. assigned to the parcel. MAXIMUM L.U.E.: Means the maximum total numbers of L.U.E. allowed to be assigned to the parcel administratively through the density transfer provisions of this agreement. SPECIAL CONDITIONS: Means specific development or design criteria which regulate all or part of the subdivision or development of a parcel. ATTACHED RESIDENTIAL: Means duplexes and cluster housing where no more than three units are attached. Attached residential specifically excludes most forms of multi - family residential including, but not limited to, apartments, townhouses, row - housing and four- plexes. LIMITED COMMERCIAL: Means uses and buildings as permitted in the City "Local Commercial Zone ", plus restaurants. 47 • PFLUGER TRACT: • Means that 84.75 acre tract lying immediately north of the land and generally identified on Exhibit F. • DIRECTOR OF PUBLIC WORKS: Means the Director of Public Works of the City of Round Rock, Texas or his designate. • • 48 ALL WEATHER ACCESS: Means an asphalt or concrete roadway with no part being inundated by the 100 year design storm flow. DIRECTOR OF PLANNING: Means the Director of Planning and Community Development of the City of Round Rock, Texas or his designate. • I • 9 SITE VICINITY •1:111 1 10" DEVELOPMENT PLAN • • ' •••."17•• 2 LEGEND COLLECTOR STREET SECONDARY ACCESS LIMITED ACCESSWAY .4oulautak. GOLF COURSE / PARCEL BOUNDARY PROPERTY LINE ADDITIONAL GOLF COURSE ACREAGE BOUNDARY 100 YEAR FLOOD PLAIN • PROPOSED LAKES Qjgc.D., POSSIBLE LAKE LOCATIONS PARCEL NUMBER P15 SINGLE FAMILY DETACHED SF° SINGLE FAMILY ATTACHED SFA MULTI FAMILY MF COMMERCIAL COMM Ne.10 • ICI Cluolat.... Ito ..... ••••••■••■• 9 • DEVELOPMENT GUIDELINES FOR FRANKLIN 582 CONCEPT PLAN AS APPROVED BY THE CITY OF ROUND ROCK PLANNING AND ZONING COMMISSION SEPTEMBER 7, 1989 50 • • • • • TABLE OF CONTENTS Page I• STATEMENT OF PURPOSE AND INTENT 1 II. AUTHORITY /DEFINITION 3 III• LAND USE SUMMARY 5 51 • 1 . 1. STATEMENT OF PURPOSE AND INTENT Franklin 582 is a planned community. While its primary focus is residential, both the recreational and other special use components play an integral part in creating a unique living environment. The Franklin 582 development standards are intended to carry out the goals of this planned community. They are written to ensure a unified, quality development. Through creativity in design, sensitivity to the characteristics of the site and compatibility of land uses, a commitment is made to the future of the community. The following principles will be used in guiding development towards a planned community which can respond to changing market conditions; o Encouraging FLEXIBILITY in site design with respect to building spacing, heights and density of buildings, open space, and parking. o Allowing a variety of CREATIVE SOLUTIONS to project design that may not be possible through the strict application of the local zoning and subdivision. o Encouraging a mixed -use, MASTER PLANNED community providing for residential, recreational, and limited commercial, office and community services. o Encouraging INNOVATIONS in land use that result in the availability of attractive development opportunities. o Promoting more EFFICIENT use of land and energy through reasonable infrastructure requirements. o . Maximizing the UNIQUE physical features of the site. o Creating development patterns and project design that further the GOALS and POLICIES of the local governmental agencies. o Providing appropriate TRANSITIONS between land uses while encouraging an overall community focus. o Providing FLEXIBILITY for both land use type and density to be TRANSFERRED between parcels, responding better to the needs of the consumer and changing market conditions. • 52 • 1. • • o Encourage FLEXIBILITY in the design of streets to allow departure from strict enforcement of present codes regarding design standards, street widths, drainage, curb and gutters, street lighting, landscaping, utilities and similar aspects. 53 •. • • • • ' II. AUTHORITY /DEFINITIONS Authority These standards will guide the preparation of a P.U.D. for the Franklin 582 development. Definitions The following definitions shall apply: o Single Family Detached One - family detached dwelling with a density ranging from 2.0 du /ac to 6.0 du /ac. o Single Family Detached /Attached One - family detached dwelling with a density ranging from 2.0 du /ac to 8.0 du /ac; two - family dwelling (duplex); three -plex through six -plex attached dwellings; row houses, townhouses, with a maximum density of 12 du /ac. o Multi - Family - All uses allowed in Single Family Detached and Single Family Detached /Attached and including apartments for rent, condominiums (stacked flats) for sale with a maximum density of 18 du /ac. o Parcels - Parcels for development have been identified with their own uses, character, identity and development standards. o L.U.E. (Living Unit Equivalent) as defined in the Round Rock City Codes. o Commercial - Intended to provide local commercial and office uses at a floor area ratio (F.A.R.) of .45 within two (2) story buildings. Permitted uses include offices, neighborhood services, governmental and institutional uses, daycare facilities, schools and local commercial and retail activities. o Special Uses - Throughout Franklin 582 the following • uses may be allowed: places of worship, schools, private recreation amenities, group homes, daycare facilities subject to site plan approval. o Density Transfer - Within the Franklin 582 P.U.D. allowable density may be transferred between parcels. o Cluster Development - Single family units which may be attached or have lot sizes smaller than normal, where 54 • ' • • • • the development protects the natural features and attributes of the parcel through the grouping of units. o Zero Lot -Line Development - Single family detached units placed on lots so that the unit sits along one or more lot lines. o Density - The maximum density per parcel, expressed in units per acre. • 55 • 'III. LAND USE SUMMARY - Use Area • Single Family Detached 4.0 units /acre Single Family Detached Single Family Attached 6.0 units /acre 8.0 units /acre Single Family Detached Single Family Attached Multi - Family 10.0 units /acre • 12.0 units /acre Commercial .45 F.A.R. 77.7 ac 92.2 ac 93.4 ac 82.2 ac 32.6 ac 12.1 ac Golf Course /Clubhouse 170.0 ac Collector Street R.O.W. 21.8 ac Total 582.0 ac Unit quantities, acreage and types may vary, however, the overall density may not exceed 1,500 Living Unit Equivalents. The maximum total units within Franklin 582 is dependent on the distribution of L.U.E.'S which is presently limited to a total of 1,500 L.U.E.'s. The present overall L.U.E. density is 2.58 L.U.E.'s. The parcels of Franklin 582 have the potential to develop at densities designated on the parcel summary, provided other parcels are reduced in density to allow for any adjustments. The uses identified for each parcel allow for flexibility to respond to market conditions, while maintaining the • character and integrity of the overall development plan. A minimum of 80% of the total dwelling units to be constructed within Franklin 582 will be single family detached residential. The L.U.E.'s establish the overall density for Franklin 582. The total of 1,500 L.U.E.'s are to be calculated based on the following criteria: • 56 • a. b. c. d. Single Family Residence Duplex Multi- Family or Townhome Commercial • 57 1,0 1.0 LUE /unit .9 LUE /unit .7 LUE /unit .1377 LUE/ s.f. of building The following parcel numbers refer to the development parcels on the Development Plan and provide a land use summary for each parcel and alternate use. The density of each parcel allows for the most intense use to occur within that parcel. Totalling the maximum L.U.E.'s of all parcels would result in more than the 1,500 L.U.E.'s allowed. When one parcel uses its maximum L.U.E.'s other parcels would be reduced. In no case will the overall L.U.E.'s exceed that allowed by City Council. .PARCEL: P -1 USE: Single Family Detached DENSITY: Residential: 4.0 du /ac ACREAGE: 4.0 MAX. L.U.E.: 16 SPECIAL CONDITIONS: 1. One direct access will be allowed onto County Road #122. PARCEL: P -2 USE: Sirgle.Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 18.9 MAXIMUM L.U.E.: 113 SPECIAL CONDITIONS: 1. Single Family Attached buildings shall not occur within 100' of exterior property line. 2. Lots adjacent to the northern property line will be single family detached lots. 3. A buffer may be provided along the northern P.U.D. perimeter consisting of landscaping, berming or fencing. 58 • PARCEL: P -3 USE: Single Family Detaehed Single Family Attached DENSITY: ACREAGE: 6.0 MAXIMUM L.U.E.: 92 PARCEL: P -4 15.4 SPECIAL CONDITIONS: 1. Lots within 150' of the northern property line will be single family detached lots. 2. A buffer may be provided along the northern P.U.D. perimeter consisting of landscaping, berming or fencing. USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 10.4 MAXIMUM L.U.E.: 62 SPECIAL CONDITIONS: 1. Lots within 150' of the northern property line will be single family detached lots. 2. A buffer may be provided along the northern P.U.D. perimeter consisting of landscaping, berming or fencing. 59 • • • • • .PARCEL: P -5 USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 49.1 MAXIMUM L.U.E.: 352 SPECIAL CONDITIONS: 1. Access shall be provided from parcels P -3 and P -10. A limited 14' access may be allowed to the Golf Course Road between holes #2 and #7. PARCEL: P -6 USE: Single Family Detached DENSITY: 4.0 ACREAGE: 6.0 MAXIMUM L.U.E.: 24 PARCEL: P -7 USE: Neighborhood Commercial & Office Single Family Detached Single Family Attached • DENSITY: Commercial: .45 F.A.R. Residential: 8 du /ac ACREAGE: 7 MAXIMUM L.U.E.: 51 SPECIAL CONDITIONS: 1. One direct access may be allowed onto County Road #122. 60 • PARCEL: P -8 USE: DENSITY: ACREAGE: MAXIMUM L.U.E.: SPECIAL CONDITIONS: 1. Neighborhood commercial and office buildings shall maintain a 100' setback from the existing residential lots to the south. 2. Residential lots within 150' of the southern property line will be Single Family Detached lots. 3. One direct access may be allowed onto County Road #122. 4. Only 5.0 acres of this parcel may be developed as Neighborhood Commercial and Office uses. 5. Commercial uses shall be located adjacent to County Road :and the Golf Course Road. 6. A buffer along the southern P.U.D. perimeter will consist of landscaping, berming or fencing. PARCEL: P -9 Neighborhood Commercial & Office Single Family Detached Single Family Attached Commercial: .45 F.A.R. Residential: 4.0 du /ac • 9.9 39 USE: Single Family Detached DENSITY: 4.0 ACREAGE: 15.1 MAXIMUM L.U.E.: 60 61 .PARCEL: P -10 USE: Single Family Attached Single Family Detached Multi- Family DENSITY: 12.0 ACREAGE: 12.6 MAXIMUM L.U.E.: 105 PARCEL: P -11 USE: Single Family Attached Single Family Detached Multi - Family DENSITY: 12.0 ACREAGE: 20.0 MAXIMUM L.U.E.: 168 . PARCEL: P -12 USE: Single Family Detached Single Family Attached Multi - Family DENSITY: 10.0 ACREAGE: 82.2 MAXIMUM L.U.E.: 575 62 • • PARCEL: P -13 USE: Single Family Detached DENSITY: 4.0 ACREAGE: 51.6 MAXIMUM L.U.E.: 206 SPECIAL CONDITIONS: 1. The drainageways shall be maintained as natural open space except that roadways may cross the open space and paths may be located in the open space. • PARCEL: P -14 • USE: Single Family Detached Single Family Attached DENSITY: 8 ACREAGE: 18.6 MAXIMUM L.U.E.: 133 SPECIAL CONDITIONS: 1. Access may be provided to parcel P -15 across the golf course at each end of hole #13. 2. A buffer along the southern P.U.D. perimeter will consist of landscaping, berming or fencing. PARCEL: P -15 USE: Single Family Attached Single Family Detached DENSITY: 8 ACREAGE: 25.7 MAXIMUM L.U.E.: 184 63 • .PARCEL: P -16 USE: Single Family Detached Single Family Attached DENSITY: 6.0 ACREAGE: 26.4 MAXIMUM L.U.E.: 158 SPECIAL CONDITIONS: 1. Two access points may be provided to the property north of Franklin 582. 2. Access shall be provided to parcel P -12. PARCEL: P -17 USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 6.0 MAXIMUM L.U.E.: 36 SPECIAL CONDITIONS: 1. A minimum 10' buffer between the eastern P.U.D. perimeter and East Road will consist of landscaping, berming or fencing. 64 • PARCEL: P -18 USE: Single Family Attached Single Family Detached DENSITY: 6.0 ACREAGE: 10.2 MAXIMUM L.U.E.: 61 SPECIAL CONDITIONS: 1. A minimum 10' buffer between the eastern P.U.D. perimeter and East Road will consist of landscaping, berming or fencing. 65 DATE: March 26, 1991 SUBJECT: City Council Meeting, March 28, 1991 ITEM: 8.C. Consider an ordinance amending the Zoning Ordinance by zoning 398.16 acres of land (Franklin Capital Corporation) to PUD #4 (Planned Unit Development #4). (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval This Ordinance will adopt a Planned Unit Development Zoning for the remaining 398.16 acres of the Franklin Tract. The PUD Agreement which forms the zoning regulations for development within the P.U.D. is based on the Dedication and Development Agreement dated September 28, 1989. The development controls in the P.U.D. are significantly more restrictive than those in the original agreement. The P.U.D. places a number of development constraints on the development of this tract which are not required by standard ordinance requirements. FOREST CREEK INVESTMENT, LTD., a Texas Limited partnership, formerly known as FOREST CREEK DEVELOPMENT, LTD., a Texas limited partnership ( "Assignor "), is conveying to KPKM 11 VENTURES, LTD., a Texas Limited partnership ( "Assignee ") that certain real property in Williamson County, Texas (the "Property ") more particularly described as follows: A1995A21378 -1 015318!0004 ASSIGNMENT OF DEVELOPMENT RIGHTS TRACT 1: 25.2753 acres of land out of E. W. Matthews Survey, Abstract No. 499 in Williamson County, Texas, being the same tract as described as "Parcel 1" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A -1. attached hereto. TRACT 2: 200.3660 acres of land out of the E. W. Matthews Survey, Abstract No. 449 and the John H. Randall Survey, Abstract No. 531, in Williamson County, Texas, being the same tract as described as "Parcel 3" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A -2 attached hereto. TRACT 3: 8.8009 acres of land out of the John Randall Survey, Abstract No. 531, in Williamson County, Texas, being the same tract as described as "Parcel 3B" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A -3 attached hereto. TRACT 4: 48.8656 acres of land out of the E. W. Matthews Survey, Abstract No. 449 and the John H. Randall Survey, Abstract No. 531, in Williamson County, Texas, being the same tract as described as "Parcel 6" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A-4 attached hereto, SAVE AND EXCEPT that 0.13 acre tract as conveyed by Deed recorded in Volume 2722, Page 583, Official Records of Williamson County, Texas. The Property is out of and a part of a tract or parcel of land in Williamson County, Texas (the "Project ") known as the Forest Creek development and more particularly described as 398.16 acres of land out of the E. W. Matthews Survey, Abstract Number 449, and the John H. Randall Survey, Abstract Number 531 in Williamson County, Texas and being a part of that certain 582.35 acre tract of land described in a deed to Ben Franklin Corporation recorded in Volume 1020, Page 812, Official Records of Williamson County, Texas. Assignor intends hereby to assign to Assignee all of Assignor's right, title and interest in and to the development rights with respect to the Property. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby ASSIGN, TRANSFER, SET OVER and DELIVER to Assignee the following (the "Development Rights "): A1995Al21378 -1 015318/0004 A. Utilities. Assignor's right, title and interest in and to all development rights, utility commitments, water and wastewater taps, living utility equivalents, and contracts and refunds from capital improvement projects relating to the Property (the "Utilities "), as more fully described herein. B. Plans and Studies. Assignor's right, title and interest in and to all site plans, land plans, surveys, soil and substrata studies, plans and specifications, engineering plans and studies, landscape plans, utility plans and studies, zoning, subdivision and site plan studies and approvals, and other plans or studies of any kind in Assignor's possession relating to the Property (the "Plans and Studies "). C. Contracts. Assignor's right, title and interest in and to, and obligations under, the development contracts listed and described on Exhibit B attached hereto and made a part hereof (the "Contracts ") including without limitation rights to reimbursements and rights to enforce provisions thereof against third parties, but only to the extent the Contracts relate to or benefit the Property or otherwise assigned herein, and as specifically qualified and described herein. SUBJECT, HOWEVER, to the terms provisions, covenants, conditions, assignments and agreements contained in the following prior conveyances (the "Prior Conveyances:): 1. The Assignment of Development Rights dated effective July 21, 1992, between Franklin Capital Corporation and Forest Creek Properties, Ltd., relating to 39.98 acres out of the Project, and recorded in Volume 2167, Page 952, Official Records of Williamson County, Texas. 2. The Assignment of Development Rights dated effective June 10, 1993, between Franklin Capital Corporation and Forest Creek Properties, Ltd., relating to 19.184 acres out of the Project, and recorded in Volume 2318, Page 670, Official Records of Williamson County, Texas. 2 3. The Assignment of Development Rights dated effective March 1, 1994, between Assignor and Forest Creek Properties P153, Ltd., relating to 13.41 acres out of the Project. 4. The Assignment of Development Rights dated effective March 21, 1994, between Assignor and Forest Creek Properties, Ltd., relating to 14.86 acres out of the Project. 5. The Assignment of Development Rights dated effective June 24, 1994, between Assignor and Forest Creek Properties P3&5, Ltd., relating to 10.41 acres and 11.24 acres out of the Project. TO HAVE AND TO HOLD unto Assignee, its successors or assigns, forever. 1. NO WARRANTIES. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ASSIGNOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DEVELOPMENT RIGHTS ASSIGNED HEREBY. 2. DEDICATION AND DEVELOPMENT AGREEMENT. As used herein, "Dedication and Development Agreement" shall mean and refer to the Dedication and Development Agreement, as amended. The Dedication and Development Agreement and its amendments, if any, are more particularly described on Exhibit B attached hereto and made a part hereof. All capitalized terms used in this Section which are not otherwise defined in this Assignment shall have the same meaning and definition as those used in the Dedication and Development Agreement. a. Assumption. Assignee assumes all of Assignor's duties and obligations under the Dedication and Development Agreement and all of Assignor's duties and obligations under the Prior Conveyances relating to the Dedication and Development Agreement. b. Warranties and Representations. In connection with the Dedication and Development Agreement, Assignor represents and warrants to Assignee that Assignor's predecessor in interest, Franklin Capital Corporation ( "FCC "), made the following representations and warranties to Assignor at the time it acquired the Property from FCC: (i) FCC has executed and delivered to the City of Round Rock, Texas the Dedication Deed for the Franklin Dedication Tract, by deed recorded in Volume 1853, Page 798, and corrected in Volume 2060, Page 401, Official Records of Williamson County, Texas. A1995A/213781 015318!0004 3 (ii) FCC has accepted annexation of the Franklin Tract into the city limits of the City of Round Rock, Texas. (iii) FCC has executed and delivered to the City of Round Rock, Texas the Land Use Agreement. (iv) FCC has executed and delivered to the City of Round Rock, Texas the Roadway Deed for the Roadway Tract (known as Forest Creek Drive) by dedication deed recorded in Volume 1981, Page 511, and corrected in Volume 2060, Page 467, Official Records of Williamson County, Texas. (v) FCC has dedicated to the City of Round Rock, Texas the necessary right -of -way for the additional, contiguous sections of the Golf Course Road (known as Forest Creek Drive), as contemplated in Section 3.18 of the Dedication and Development Agreement, by dedication deed recorded in Volume 1981, Page 511, and corrected in Volume 2060, Page 467, Official Records of Williamson County, Texas. (vi) The initial Phase of Roadway Construction has been completed as contemplated in Section 3.13 of the Dedication and Development Agreement. 3. LAND USE AGREEMENT. As used herein, "Land Use Agreement" shall mean and refer to the Land Use Agreement, as amended. The Land Use Agreement and its amendments, if any, are more particularly described on Exhibit B attached hereto and made a part hereof. All capitalized terms used in this Section which are not otherwise defined in this Assignment shall have the same meaning and definition as those used in the Land Use Agreement. a. Assumption. Assignee assumes all of Assignor's duties and obligations under the Land Use Agreement and all of Assignor's duties and obligations under the Prior Conveyances relating to the Land Use Agreement. b. Assignment of Declarant's Rights. Assignor assigns to Assignee all of Assignor's rights, titles and interests as "Declarant" under the Land Use Agreement, including without limitation the right to approve or consent to the various items and matters requiring Declarant's consent or approval thereunder. Assignee accepts such assignment and assumes the duties of "Declarant" to the extent of such assignment. This assignment and assumption of the Declarant's rights and duties is subject to the assignments of the non - exclusive right and authority of the Declarant's rights contained in the Prior Conveyances. c. Golf Course Advisory Committee. The Land Use Agreement provides for an Advisory Committee (the "Committee ") for the Golf Course and Facilities to make recommendations to each and every Operator with respect to the maintenance, operation and all rules and regulations governing the management, maintenance and operation of the Course and A1995A2137 &1 015318/0004 4 Facilities. The Land Use Agreement provides that the Declarant and the City shall have equal representation on the Committee. Subject to the provisions of the Prior Conveyances, Assignor assigns to Assignee all of Assignor's membership rights on the Committee. Assignor's members on the Committee, and , shall resign from the Committee and tender their resignations to Assignee and the Committee, and Assignee shall substitute members. d. Platting of Golf Course. The parties acknowledge that the Land Use Agreement requires the City, simultaneously with the platting of contiguous portions of the Franklin Tract to plat portions of the Golf Course as one or more legal lots in accordance with the statutes and ordinances of all applicable governmental agencies. In addition, the Land Use Agreement requires the City, within twelve months from the date of the Land Use Agreement, to properly zone the Golf Course for use as a first -class golf course facility permitting, among other matters consistent with the Approved Plan, the sale of alcoholic beverages thereon. Assignee acknowledges and agrees that the City may or may not have performed each of its obligations under the Land Use Agreement as described in this subparagraph, and releases and holds Assignor harmless from any claims, demands or liabilities by, through or under Assignee as a result thereof. e. Assignment of Reserved Minerals. Assignor assigns, transfers and conveys to Assignee all of Assignor's rights, title and interest in and to all oil, gas and other minerals reserved pursuant to the Land Use Agreement, and as more particularly described in Section 7.9 of the Land Use Agreement. 4. WATER AND WASTEWATER AGREEMENT. As used herein, "Water and Wastewater Agreement" shall mean and refer to the Water and Wastewater Agreement, as amended. The Water and Wastewater Agreement and its amendments, if any, are more particularly described on Exhibit B attached hereto and made a part hereof. All capitalized terms used in this Section which are not otherwise defined in this Assignment shall have the same meaning and definition as those used in the Water and Wastewater Agreement. a. Assumption. Assignee assumes all of Assignor's duties and obligations under the Water and Wastewater Agreement and all of Assignor's duties and obligations under the Prior Conveyances relating to the Water and Wastewater Agreement. b. Living 'Witty Equivalents. Subject to the conditions stated in the Water and Wastewater Agreement, the City has agreed to reserve capacity for Assignor in the water and wastewater improvements to be constructed on and off the Project. Accordingly, Assignor does hereby assign, transfer, set over, convey and deliver unto Assignee, its successors and assigns, all the living unit equivalents ( "LUEs ") available under the Water and Wastewater Agreement, subject only to the LUEs previously conveyed pursuant to the Prior Conveyances, and all of the rights, powers, privileges, and interests associated therewith, to have and to hold the said LUEs A1995A/21378 -1 015318/0004 5 unto Assignee, its successors or assigns, forever. Assignor does hereby bind itself to warrant and forever defend title to the LUEs unto Assignee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Assignor shall notify the City that all such remaining LUEs have been conveyed to Assignee. c. No Plant Capacity Reserved. The parties understand and agree that although Franklin Capital Corporation, Assignor's predecessor in interest, has reserved capacity in the water and wastewater improvements contemplated by the Water and Wastewater Agreement, no capacity in the existing or future treatment plants has been reserved. Available capacity in the treatment plants will be allocated to users in the City's service area on a "first- come, first- served" basis in accordance with the ordinances and regulations of the City. d. St, Andrews Drive Water Improvements. Assignee covenants and agrees to construct or cause to be constructed a twelve inch (12 ") water main from the intersection of St. Andrews Drive and Forest Creek Drive (point L) to the northern edge of St. Andrews Drive as it is constructed (the "St. Andrews Drive Water Improvements "). The City will participate in the oversizing of this twelve inch (12 ") line in accordance with applicable city ordinances. To the extent Assignee completes such construction, Assignee shall be entitled to any cost participation by or reimbursements from the City which Assignor would otherwise be entitled to receive. The parties agree that the twelve inch (12 ") water main is required to be constructed from point L to point M as a condition to the approval of the final plat for all of the Preliminary Plan for Forest Creek Phase One. Assignee shall also be obligated to construct or cause to be constructed the extension of the new twelve inch (12 ") line from L to M as a condition of any fmal plat containing the 400th LUE out of the Franklin Tract. The construction of the St. Andrews Drive' Water Improvements shall comply with the requirements of the Water and Wastewater Agreement and all applicable governmental authorities. 5. PUD Agreement. As used herein, "PUD Agreement" shall mean and refer to the PUD Agreement, as amended. The PUD Agreement and its amendments, if any, are more particularly described on Exhibit B attached hereto and made a part hereof. All capitalized terms used in this Section which are not otherwise defined in this Assignment shall have the same meaning and definition as those used in the PUD Agreement. a. Assumption. Assignee assumes all of Assignor's duties and obligations under the PUD Agreement, except to the extent such duties and obligations have been previously assumed pursuant to the Prior Conveyances, and agrees to abide by and comply with such terms, conditions, covenants and agreements in connection with the ownership, use, development, advertisement, promotion, sale and operation of the Property. Assignee further assumes all of Assignor's duties and obligations under the Prior Conveyances relating to the PUD Agreement. b. Golf Course Access Road. The parties acknowledge that the City of Round Rock has constructed the Golf Course Access Road (known as Forest Creek Drive) pursuant to A1995A@1378•1 015318/0004 6 Section 3.5 of the PUD Agreement. Assignee shall construct or cause to be constructed at its sole cost and expense the Second Golf Course Access Road, pursuant to Section 3.5 of the PUD Agreement. Construction of the Second Golf Course Access Road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the fmal plat containing the 600th LUE out of the Project. c. Second Access Road. Assignee shall construct or cause to be constructed at its sole cost and expense the Second Access Road pursuant to Section 3.6 of the PUD Agreement. Construction of the Second Access Road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the fmal plat containing the 400th LUE out of the Project. 6. NOTICF.. Any notice required or permitted to be delivered under this Assignment shall be deemed received on the earlier of (i) actual receipt by mail, Federal Express or other overnight delivery service, telecopy, or hand delivery , or (ii) three (3) business days after being sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Assignor or Assignee, as the case may be, addressed as follows: A1995A/21378 -1 015318/0006 If to Assignor: With a copy to: If to Assignee: Forest Creek Investment, Ltd. 2001 Kirby Drive, #809 Houston, Texas 77019 Attn: John G. Treanor Telephone: (713) 524 -1687 Telecopy: (713) 524 -1688 Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P. 700 Lavaca, Suite 800 Austin, Texas 78701 Attention: Michael R. McDoniel Telephone: (512) 404 -2012 Telecopy: (512) 404 -2099 KPKM Ventures Limited 9390 Research, Suite 330 Austin, Texas 78759 Attention: Russell S. Parker Telephone: (512) 345 -3379 Telecopy: (512) 794-0110 7 With a copy to: Steve Hurst Steve Hurst, P.C. 7900 Shoal Creek Blvd., 2nd floor Austin, Texas 78757 Telephone: (512) 454 -6100 Telecopy: (512) 454 -6119 7. ASSIGNOR'S AUTHORITY. The person executing this Assignment on behalf of Assignor is authorized to execute same on behalf of Assignor and Assignor's obligations under this Assignment (i) are legally binding, (ii) do not require the consent of any other party and (iii) do not violate the provisions of any agreement to which Assignor is a party. 8. ASSIGNEE'S AUTHORITY. The person executing this Assignment on behalf of Assignee is authorized to execute same on behalf of Assignee and Assignee's obligations under this Assignment (i) are legally binding, (ii) do not require the consent of any other party, and (iii) do not violate the provisions of any agreement to which Assignee is a party. 9. ASSIGNMENT. The parties hereto acknowledge and agree that this Assignment, with the Special Warranty Deed and other conveyance documents of even date, evidence the conveyance and assignment of all of Assignor's remaining interest in the Project. This Assignment is subject to the Prior Conveyances, and Assignee acknowledges and agrees that Assignee is bound by the terms of the Prior Conveyances. 10. ENTIRETY. This Assignment embodies the entire agreement between the parties hereto, and supersedes all prior agreements and understandings relating to the subject matter hereof. 11. BINDING EFFECT. The terms of this Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. FURTHER DOCUMENTS. The parties agree to execute such other documents and assignments as may be necessary to fully carry out the intent hereof or to effectuate the agreement of the parties hereto. 13. STATUS OF RELATIONSHIP. Nothing in this Assignment shall be construed to make any party the partner or joint venturer of or with respect to any other party. 14. HEADINGS. Section headings are for convenience of reference only and shall in no way affect the interpretation of this Assignment. A1995A/21378 -1 015318/0004 8 A1995A/21378 -I 015318/0004 EXECUTED this _ day of April, 1997. ASSIGNOR: FOREST CREEK INVESTMENT, LTD., a Texas limited partnership By: Forest Creek Holdings, Inc., a Texas corporation General Partner ASSIGNEE: By: John G. Treanor President KPKM VENTURES LIMITED, a Texas limited partnership By: Name: Title: 9 The City of Round Rock executes this Assignment of Development Rights in acknowledgment and recognition of and consent to the assignment of the rights herein including without limitation (i) the assignment of the rights of "Declarant" under the Land Use Agreement as more specifically set forth in paragraph 3.b. above, (ii) the assignment of Assignor's membership rights on the Golf Course Advisory Committee, as more specifically set forth in paragraph 3.c. above, and (iii) the assignment of all remaining LUEs for the Project as more specifically set forth in paragraph 4.b. above. A1995A21378 -1 015318/0004 By: Name: Title: THE CIT� RO 0- ) 10 ROCK THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on April _, 1997, by John G. Treanor, President of Forest Creek Holdings, Inc., a Texas corporation, on behalf of said corporation, as General Partner on behalf of Forest Creek Investment, Ltd., a Texas limited partnership. THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on April , 1997, by of KPKM, Inc., a Texas corporation, on behalf of said corporation as General Partner on behalf of KPKM II Ventures, Ltd., a Texas limited partnership. THE STATE OF TEXAS COUNTY OF WILLIAMSON Pager instrument was acknowledged before me on April 1997, by IC Er L. B64)677;je e /Ty MAAJAG6ie, of the City of Round Rock, on behalf of the City of Round Rock. A1995A/21378 -1 015318/0004 § § § § § § § § § Notary Public in and for the State of Texas Notary Public in and for the State of Texas Notary Public in and for the State of Texas 11 PARCEL I BEM • part of the 8. W. Wi h..s 8 ur1.Y. Abstract No, 490, Williamson County, Tax and Wing' a part of that certain 512.35 Aare trial of land de•crlbed In • load to the. Ban Franklin Corporation recorded In Yoltm• 1020 at Pat. 110, 0(flalai laaorda,' Wllii.maon County. and being more particularly described by males and bounds a (.Ilan, 1e .tilt 880INNINO at an Iron rod Fat In the Interior of the above dacrlbed 542.25 Ames trial, from ntiloh the most northerly northsaal earner of old tract bear" N 10. 12' 010 8 • distance of 0006.14 feel; matsca travarals.g the Interior of said 112.26 aces teat, tha following described oev.nte.n (17) courses and dist.na. to Iron roda sett (1) 8 59" 10' 43. 1 . distance of 214.11 feet, (2) S 11. 42' 11. 8 a dlatance of 211.11 (sal; (3) N 64. 11' 36" 8 a dl.tanee of 693.04 fool; (4) N 11. 03' 12" 8 a dlolanoe of 237.11 feet, (6) 8 11. 33' 35" 8 a dl.tano. of 615.00 foal{ (1) 8 10. 54' OS" 8 a diatom. of 365.11 (6611 (7) 8 20. 33' 12" N a diatoms of 170.11 fast; (1) 8 61. 61', 31" W a diatom. of 115.00 lost; (9) N 61. 66' 56" W • dlalanae of 397.01 foal; (10) 01 10. 37' 50" W a diatom. of 232.04 feat; (11) N 11. 11' 31" W a dlatance• of 621.21 (Ali (l3) N 70. 27' lt" W 6 distance 0(164.41 last; (13) 8'61" 01' 09" if a dlatanc. of 110.66 feat; (14) N /1. 43'. 10" W a Oat.. of 110.10 (rill (16) N 31. 01' 31" W a dlstana. of 110.42 11;11 (14) N 21. 01' 13" W a diatom. of 111.12 feel, and, (17) N 11 31" 11.a distanc. of 16611 fast to the Place of eelhtttlnt. oonteln0,, ' 11,3713 Apra. of land. Exhibit "A -1" ( PARCEL 3 8EIN0 100.16!0' .area of land out of.the E. W. aulthews Survey, A500tract No. 449, and the John E. Randall Survey, Abatraot No. 531. Wllliunaan County, Tas,, and being a part of that certain 511.35 aor. teas' of land deeeribad In a deed to Ran Franklin Corporation 5.0,04ad In Volume 1020 al Page 611, Official 'locoed. of Williamson County, end being mar, particularly described by mates and bounds as follows, to wits 0E01HHIAU •t to Iron rod found al the met •oalerly 0oulh,a.t oornar of said 651.31 •era Creel: ' 17014(8 N 19' 17' 44" W s distance of 2011.19 fest Wan Iron rod found; THEtat 8 00" 43' 14" W s dlatano• of 1511.11 14.1 to an Iron rod found al the moat southerly south•ut corner of said 562.36 sore tract; I11ENS with an :slating 'fanee long the •t southerly IIn• of said 502.35 acre lreol, the following da.arlb,d four :(45 abbr.a• and distances: (1) N 69. 14' 45" W • distance of 257.13 hat to an Iron rod found; (2) H 19" 14' 21" H a distance of 301.10 (eel to an Iron rod found; (3) N 19. 31' 36" W • dl.lana. of 500.75 feat to an Iran rod found. and: (4) 8 67. 11' 11' W • dl,lanae of 143.61 feet to an Iron red found at the moat southerly southwest Darner of esld 562.36 •oro (roots THEME N 01" 19' 31" E a dlatano. of 431.23 feat to an Iron rod found; T10TiCB With an Waling fence, (ha following described five (5) courses and dl (1) N 11" 67' 04" W a distance of 272.44 het to an Iron rod found; (1) N 19' 01' 1e" W • dhtenre of 217.34 feat to an Iron rod found; (3) N 11' 52' 61" W • 45.5.,,. of 216.71 foot to an Iron rod found; (4) N 16" 46' 10" W•a distance of 111.65 fool to •n Iron rod found, and; (6) N 61" 54' 01" W a dlslmce of 114.15 (eel to on Iron rod found al the southeast corner of Lot 11, !look !, Jackrabbit Subdivision, a subdivision of r.aold 'filed In Cabinet E, Slid. 213, Plat Records of Wllllanuan County; THEME N 00" 16' 21" E • distance of 395.22 feel to a n Iron rad found and N Ol" 00' 23" E a distort,. of 315.37 hat qu an Iron rod found at the northeast Darner of said Jackrabbit Subdivision' THEME oroasing said 112,35 sore tract, th, following daanrlbad (our '24) 0aur064 and'dlstanoes to Iron rods found: 'I) N 40' 12' 69. 0 a 41.5.,,.-01 10.00 fools 2) An 'aro distance •05 152.11 feat .wllh • curve to (ha right. 4ald cur,. having • central ogle of 61. 01' 14 ", a radius of 511.00 last, and a ;fiord buring.and distance of H 10" 01' 49" W 321.03 hit; 3) N 1" 31' 11" E a dlatano. of 30.31 feel. and, 4). An ere.dluanoe of 37.12 feat wllh s ours: to the left, asld curve having a central ant. of 56' 12' 44 ", • radlu• of 13.00 feat, and a chord , boasing.and 41.1.0.. el H 33. 14' 61" W 34.17 feel to an Iron rod found In Cho south line of Forgot Creek nave, (also known se "Col( Road"); mica along the sautherly and as•tarly lino of ror.0 Creak 0rlve, the following d.aortb.d. saran (7) courts, and distances to Iron rods found: • 1): 8 74' 41' 20" 8 It dial... of 449.20 foots rage 1 of 3 Exhibit "A -2" (1) M aro ah0 di 10 • '( 073' 401 11", f• ° radio. of aurae 1..t,l left, ••1d 473.1s .al. • aanlral t• rd bearing 10' and a re. ring and dlalanoe of N 40. 40 11" C 502.93 feat; (7) 'N 03. 45' 10" M • distanc• of 193.73 feel; (4) An arc Malang. of 317.(9 f••l'wlln • ourvo to lha .101. ••Id curve having a:aanlrat angle of 17. 31' 31 ". • radlua of 630.00 feat, tangent. of 139.23 feet. and a chord bearing and 41atance of N IO• 00' 39" 0 309.29 feat; (3) N 23° 41' 31• C • 41.tan,. of 327.00 feet; (1)• M aro 41.1.00. of 100.41 feet with a curve to the left., .aid curve having • aa0lrai •angle' or 13. 34' 16 ", • radio• of 110.00 (0.t. tangent. of 411.23 feel. and a chord bearing and dl.l•no• of N 12. 01' 44" It 139.11 feat. •nd1 (7) N 69• 49' 56" 11 • Malone. of 200.62 (eel to an Iron rod eels THEN= travarsing the Intarlor of said 512.36 acre tract, the following daacrlbed thirty do (34) eour.ea and 40•1.0,,. to Iron rods 0.11 (O.N 11' 37 11 a 41al.nee of 73.15 feet; (1) .N 41. 49' 01" E a dl.l•no. of 674.11 feels (7) N 14• 45' 43" It • 44.lanc. of 374.17 foot; CI) • 8 77. 40" 8 . dl.t•n0• of 129.26 fetal; (1) ' 8 40. 33. 43" 8 a diatom. of 141.26 foe(! (6) 8 07. 27' 51" 17 a distance of 746.15 fast: (7) 8 09. 17' 44• E • 41•1.... or 310.19 (eel; (I)• 8 4T•'40' 36" 8 . dl•t•no. of 116.61 (9) 8 OP 60' 47 a distant. of 532.17 feel; (20). 32. 40' 33" 8 a Milano* of 417.16 feel; (11) 8 01. 12' 44" 0 a distance 01 115.12 feel; :I1v 1 (12) 8 43.36' 10" 11 a 41.lanae of 190.00 feel; (1V11 00' 00" E a distanc• of 115.00 foot; (14) 8 11. 44' 16" w . 41•tanc. of 731.11 1.441 (16) 8 03. 13' 30• N a distance of 612.02 hot; (16) 8 66. 01' 00• E • 41•t°na• of 107.70 !.all (17) 8 43• IV 40" 1 a distance of 213.11 feel; (11) N'25" 34" 8 a 41.tonee of 605.09 feet; (11) N 14. 11' 49 0 a distance of 602.13 feet; . (10) : 11 . 111• 31' 36• E i dl•ane. of 19.27 fool; .(71) 73. 11' 60 ". It • Calm.. of 97.36 140(1 :(is)1.8 16 •13' 06•,8 • 41•tanc• of 113.17 fools ;Cii)'8'111•;IV• /7"`E dl.lanoe of 471.02 f•t, '" y; ; 1(10,11,77•.Sl, 3{• a diatom. of 111.06 (WI :U {)� !1'YH•'i Ela.no. or 10.51 1.411 y(t{); N;70•f l0' 37• E . dl.lana. of 771.72 fools jS,eSsn:fj'3'1 : . (17)•11 OP 27' 20" it dl•tan.• of 133.07 fide Pogo 2 of 3 (29) N 67; 12' 02" 6 e dtetanoe of 209.11 feet0 (20) N 06. 10' 60" 8 it dletanoe of 196.12 feet! (10) N 12. 30..61" W a dtetanoe of 192.50 feel; (31) 12. 06' 67" 8 a distance of 426.51 feet; (72) N 41. 15' 16" W a dlelance of 149.69 feet; (11) 71. 11',25" W a diglanoe of 702.02 (cell (11) 8 i1. 47' 0l" W a distance of 110.17 feels (24) N 71. 09' 17" W a dlalanae 0('191.70 fest. and; (21) N 00. 00' 00" 6 a dletanoe of 116.00 feel to en Iron rod ae1 In the north 11na of said 611.15 acre treat. from which an Iron rod set al the .cutha.et Garner of that certain 16.26 care tract of land deeorlbed In a deed to the Clly of hound Rook recorded In Volune 10)1 page 156, Official Records, WIlllaneon County, hears 8 15. 17' 00" 6 a distance of 250.00 foot; news 8 D5• 17' 00" 6 a distance of 2751.12 feet with the north tine of said 111.16 sore Intel to an Iran rod found al the northeast corner thereof; 21024:8 B 00" 62' 14" W • distance of 117.66 feet with the esel line of Geld 112.21 Imre Intel to en Iron rod found; TIM= 8 00• 11' 01" W a dieting* of 1622.12 feet with the gut line of said 601.51 more trawl to the Plum of O6glnning; containing 200.1110 acres of land. Pare 3 of 3 FIELD MIDIES - PARCEL 30 BRIM 1.80011 eor.11 of lend out of the JOI*0 (MaALL SURVEY. ABSTRACT H0. 031, 21111.... County, Terse, end b•Ing • part of that certeln 515.35 acre tract of land described In • deed to Ben Franklin Corporation recorded In Volrnr 1022.al , Page 111. (Maoist Records, N1111usnon County. conveyed to Franklin Cipltal In Volume 1733. Page 11, Offlolal Record., wIlllanron Comity., Tarsi, and, , being core parlloularly described by Dote. and bound. a. follow., to wit; 9E0INHIHO et an Iron rod found al the southwest corner hereof In the south llni of said 112.35 acre tr.et..old Iron rod also being the eculhesal corner of • 2.3361 care tract of land d..orlbed In • deed to the City of Round Rock, 7.mas, In Volma;7111, Page 30,.Ofllolei R.carda, Nlllianwon County. and frgn yhlah,,tha' aoullcoost, corner of said 312. 31 sore Treat hear. H 11. 311 311" N • dldenoa of 51.77 feet; 71662 H 00. 31' It a dhhno. of 268.13 het with the east line of .aid 0.3361 acre lraot to an Iron rod found et the north...; corner thsr•o( In the south lln.'a( For.at Creek Drive, (prevlou.ly known an "Golf Road "); 711121'S'.lmng and with the southerly line of Forest Creek Drive, the following d..rlb.d five (6) course. and dletanc.. to Iron coda found; 1) 9 81. 14' 21 9 a distance of 15.01 feet; 1) ' M'aro distance of 211.18 feet with 1 curve to the left. add curve having • control angle of 3P 14' St", a radius o f 450.00 fe.t, tarn/gala of 178.64 feet, and • chard hearing anal distance of H73* 39' 01" E 161.11 • 10.17 2). N 11 30' 43' R e distance of 177.32 test; 4) M aro dl.lano. of 431.14 foot with a curve to lh. right, told cum having a central angle of bl• 53' 61•, . radium of 100.00 feat, tangent, of 231.17 foot. and • chord bearing .nd distance of of N 17. 27' 40" E 111.43 feel and; 5) ** 0 Ile 35' 23" E i dl.1.,.. of 116.00 feet to en Iran rad found .l the northeast corner hereof, said point .lee being the norlha.•2 corner of . . 1.7711 sore City of Round Rock detention pond ea.aronl de•arlbed In Volum 1077, Page 81, 01(2.2al Records, Nllllnron County, Tess.; '1l0E1217 east and south line of sold detention pond ...anent, the follaiing,d..rlb.d maven (7) mourns and distance. to iron rods fond: '8 tii.02' U' E . dletace of 81.77 feet; i diatanc. of 73.72 feel; t.•,' 1) u gl l• 11' OT Ito dlalann of 77.17 (oot; 4).;11 51. 32' 01" N a diatom, of 40.41 feet; 11) y N 51. 51. 11 a dl.tano. of 110.81 taut •F14 16 ". 32' 37" N a distance of, 10.91 fool, ad: 7)A H.11•. li' 41•.W a.dl.tana. of 70.20 fe.t; THEHC .11 1 ".21!_ 11 a.dlston,. of 366.41 loot to an Iron rad found In the iouih 114. of sold 111.32 ear. lr.oti 1571q141).U. 11 :7t' dh nano. of 717.77 loot with the snuthlineof said 6 8t aie. north. tin. of J.olrebblt 8ubdl.n, lo a obdllslon o gild. 117, Plat R6oc of N ll . Coult to ;t�1rlTw ef oent.mtng 6.1201 sorea'ol Exhibit "A -3" 881141 42.0421 acre, of land out of 2he'8. W. Watthew• Survey, Ab.traet No. 440. and the John 11...ndall Survey, Ab,28,08 No. 531, W1111ameon County, Texas, and b.Ing'. p.rt of that o0rt.ln 512.36 ae a Ines of land duorlbod In • deed to the Ben Pranklin Corporallan a corded In Ve tune 1010 at rage 223. official Record., Williamson County, TIM.. a and being more p.rllcui•rly described by molee and bauds a follows, to wits 8801 NIN1 al , an Iron rod found Al the n,rthweol corner hereof, from which the 0ortlm,lt corner of 0ald.542.35 a're'lreol boors N 19 31' 40" W 44.91 feel; 771ffiiL8 'along and with an amlatIng fence and lho north line of oold 511.35 10,4 tract, the (ollowIn( duorlbod flue (6) eaur and dlet.nee, to Iran rod. found: (1) 8 11. 31' 40" 8 • 40,8.n,. of 880.11 (sat; (1) 8 28. 02' 62" It a distance of 1011.43 feat' (3) 8 61. 12' 10" 8 a distance of 1031.47 feel; (4) 8 11' 47' 31" 8 a dl•tanae of 611.31 feet, Andy ` (1) 8 11. 63' 40. 8 • dl,tAno, of 261.23 fool; 710318 along and with the northerly ,nd wut.rly line of 001( Road, the following 'deiorlbed ten (10) sours. and distances to Iron rods round; (1) An are distance of 126.01 (eat with • ourve to the right, sold 00881 having a,o.alral Angle of 42. 67' 12•. a radius of 170.00 fool, tangent' of 66.44 feel, odd a chord basting' And distort,, of 8 77. 01' 33" W 122.11 feel' (2)' N 11 64' 31" W a distance of 21.27 foot: '(7) An aro'dIslano, of 141.16 foot with • 0urye to the loft, •old curve haying cant/ .l. angle of.6e 11' 11', • radius of 1104.91 fast, tangent■ of 13.06 fool. and a shoed baring and dls(Anos of N 16' 24' 21" W 143.16 hell ( 'N Al. 64' 23" if a distance of 640.73 (eels (6)' I An arc dlst•ne, of 366 :92 fast with a ourve to the loft, said curvo having e central angle of„33. 85' 47", • radlu, of 611.02 (eel, lmg nt• of 023.05 feel, 'and •'chord bearing end dlot•noa of 8 74. 36' 44" W 361.03 feels (1) 0 11■ b0' "f0• W b8i.41 tut • (7) 'n''o o dlatin,..,f'111:46 (Width • cure. to the loft, sold ourve having • aantnl..angl, of 31 40 ", a radluo of 416.73 foot, tangents of 110,12 foot. YM a chord bowing and distance of 8 11. 10' 29"W 123.47 feet! ( 6)! 5 ieo'd2etana.' of 124.10 (o.1 with • our. to the loft, sold curvo having a o.ntril'ugli o('2.' 11' 31', a r•dlu. of 330.00 het, tangent. of 114.67 foot. : t41 .. distano. of 8 7. 14' 01" W210.00 (est; 47•,...,, ., 07 (1) • 8,11 ' 32'11 i dh of 134.00 fast, And; (10)j/la:aio 110 dl,t.noo_of :10 feel,wllh our. to the tall, uld curvo having • �41 t4 'b�arlcg' ono. r t of8 84• ' foot, '42' 21"1 21`12 foal, Iron 513'd •eetlt h1, s . s Fi ( - d Or ,i Y• e c elelic r. of ! ... ;3 f• . 1. .5 Ya J. ?ARM. 4 Pogo 1 of 3 Exhibit "A -4" 11212378 t Ing the Interior of sold 612.32 mare tract. the following doaoeibad Iwanty -tire (26) Gouraea and dlatsnoeo to iron rods met: (1) 8 00' 31" W e dl.tano. of 21.21 [sets (1) N 14" 21' 33" W a dietetic. of 476.11 (eats (3) 11 11. 31' 22" W • distance of 120.71 (sett (1) N 34. 17' 31" W ."dlal.n0. of 174.01 (meth (1) N 01. 11' 10" 8 a dlalanoa of 11.11 Lets (1) N 26 et' 10" W a dlol.noe of 11.11 Coati (7) N 11. 23' 10" W • distance of 71.22 feels (1) N 76. 31' 41" W o dlalanoa of 73.39 (6) 8 10" 40' 62" W • distance of 220.01 (Galt (10) 8 06" 11' 35" 8 a Milano. of 266.74 fool{ (11) 8 52 14' 61" W a diltanoe of 404.26 (Gall (11) 8 46" 31' 14" W a distance of 437.22 feet. (13) 8 52" 48' 31" W a distance of 177.41 (".l; (14) 8 23 35' 41 W . distinct! of 61.35 (Get; (16) 8 73 31' 11" W a distance of 200.10 feet; (11) 8 01 41' 22" W a dlslano• of 117.20 (soli (17) 8 11 . 11' 06 8 • distance of 111.46 (sot{ (11) N 76 00' 00" B • distance of 20.00 (eels (11) 8 11" 40' 17" 8 a distance of 131.26 (esti (20) 8 00 10' 60" 8 a dlalance of 124.16 (..ti (11) 8 20 0S' 11" W a dlalanoa of 261.21 feat; (33) 8 01 01' 00" W • dl.lanc. of 224.77 ,(sets (13) 8 41 21' 31" 8 a distance of 473.T1 feat; (24) 8 17 oV 11" 8 a dlalanoa of 161.67 feet. and; (16) 8 01 31' 04 11 . distinct! of 103.01 feel to an iron rod sot In the north line of Golf toad; THEN= along and with the north line of Golf Road. the following dceorlbed (our (4) courses and dlstenoso to Iron rode (oufde (1) An .ro distance of 301.00 feat wIlh a cur. to the 1.11, sold curve luring • ;ordeal angle of 33. 11' 11 ", a radius of 120.00 feet, tangents of 161.17 feel. and ..chord haring and dlalanoa of 8 73. 21' 41" W 303.21 feet; (2) 8 64 10' 41" W 1 dlalance of 177.11 (sot; Page 3 of 3 (1) M nce aro dista of 117.11 fret with a curve to Shit right. raid curve having a t angle of 14'.14' 11'. • redlua of 110.00 feet, tangents of 101.17 '",lest; and it chord bearing and distance of 8 71' 11' 01" N 194.13 foot; (4) N 11' 14' 31' N a distance of 13.11 fool to an Iron rod found •t the aoulhecat . 'I curn haeeof, sold Iron rod oleo being the s.uthuol oornee of that certain .0001 sore tract of land Round la • deed to the City of Rou Rork 7i� I, 4 e0orded In Volume 1111 al Pare 30. Official Records. N111lonson County; I1804='11 90'l 31 "00''8 a dlstan.e of 3401.71 feet with the east line of e0ld 4.0001 acre Croat to the Plea. of Beginning. 000101oing 41.1686 soros of land. Pao 3 of 1 EXHIBIT R DEVELOPMENT CONTRACTS 1. Dedication and Development Agreement. As used herein, the term "Dedication and Development Agreement" shall mean and refer to the following agreement(s): A1f233755.1 015318/0001 a. Dedication and Development Agreement dated September 28, 1989, between the City of Round Rock and Franklin Capital Corporation. b. First Amendment to Dedication and Development Agreement dated December 20, 1989. c. Second Amendment to Dedication and Development Agreement dated September 9, 1991. 2. Land Use Agreement. As used herein, the term "Land Use Agreement" shall mean and refer to the following agreement(s): a. Land Use Agreement for Golf Course Tract dated September 28, 1989, between the City of Round Rock and Franklin Capital Corporation. b. First Amendment to Land Use Agreement for Golf Course Tract dated September 9, 1991. 3. Water and Wastewater Agreement. As used herein, the term "Water and Wastewater Agreement" shall mean and refer to the following agreement(s): a. Franklin 582 Water and Wastewater Service Agreement (Revised) dated April 26, 1990, between the City of Round Rock and Franklin Capital Corporation. b. First Amendment to Franklin 582 Water and Wastewater Service Agreement (Revised) dated July 25, 1991. c. Second Amendment to Franklin 582 Water and Wastewater Service Agreement (Revised) dated July 9, 1992. d. Franklin 582 Cost Participation Agreement dated May 26, 1992, between the City of Round Rock and Franklin Capital Corporation. Page 1 of 2 Pages A1/233755.1 015318/0001 e. First Amendment to Franklin 582 Utility Cost Participation Agreement dated December 22, 1992, between the City of Round Rock and Franklin Capital Corporation. 4. PUD Agreement. As used herein, the term "PUD Agreement" shall mean and refer to the following agreement(s): a. Ordinance and Planned Unit Development Agreement dated March 28, 1991, between the City of Round Rock and Franklin Capital Corporation. Page 2 of 2 Pages ESTOPPEL, CERTIFICATE AND RELEASE EFFECTIVE DATE: April , 1997 AFFIANT: Robert L. Bennett, City Manager of the City of Round Rock, Texas AFFIANT'S ADDRESS: • 221 E. Main Street, Round Rock, Texas 78664 OWNER: Forest Creek Development, Ltd., a Texas limited partnership OWNER'S ADDRESS: 2001 Kirby Drive, #809, Houston, Texas 77019 PURCHASER: KPKM II Ventures, Ltd., a Texas Limited partnership PURCHASER'S ADDRESS: 9390 Research, Suite 330, Austin, Texas 78759 PROPERTY: TRACT 1: 25.2753 acres of land out of E. W. Matthews Survey, Abstract No. 499 in Williamson County, Texas, being the same tract as described as "Parcel 1" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A -1 attached hereto. TRACT Z: 200.3660 acres of land out of the E. W. Matthews Survey, Abstract No. 449 and the John H. Randall Survey, Abstract No. 531, in Williamson County, Texas, being the same tract as described as "Parcel 3" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A -2 attached hereto. TRACT 3: 8.8009 acres of land out of the John Randall Survey, Abstract No. 531, in Williamson County, Texas, being the same tract as described as "Parcel 3B" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A -3 attached hereto. TRACT 4: 48.8656 acres of land out of the E. W. Matthews Survey, Abstract No. 449 and the John H. Randall Survey, Abstract No. 531, in Williamson County, Texas, being the same tract as described as "Parcel 6" in Volume 2469, Page 860, Official Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit A-4 attached hereto, SAVE AND EXCEPT that 0.13 acre tract as conveyed by Deed recorded in Volume 2722, Page 583, Official Records of Williamson County, Texas. A1995A\21737.1 015318/0004 follows: Owner owns the Property and has contracted to sell the Property to Purchaser. Franklin Capital Corporation and The City of Round Rock, Texas (the "City") have executed certain development contracts relating to the use, development, utilities another matters affecting the Property. All of Franklin Capital Corporation's right, title and interest in and to those development contracts has been assigned to Owner. Owner and Purchaser have requested the City to certify and confirm certain information concerning such development contracts and Owner has requested that the City acknowledge and agree that the Owner, upon the conveyance of the Property to the Purchaser, shall have no further liability under such development contracts. Therefore, the undersigned, on behalf of the City, certifies, confirms acknowledges and agrees as 1. The development contracts (the "Contracts ") listed and described on Exhibit B attached hereto and made a part hereof comprise all the contracts between Owner and the City relating to the use, development, utilities and other matters affecting the Property as of the date hereof. 2. The Contracts are currently valid and enforceable according to their terms. 3. To the best of my knowledge, there currently exists no default by Owner or Purchaser under the Contracts. 4. In connection with the sale by the Owner of the Property to the Purchaser, the Owner will assign or has assigned to the Purchaser all of its right, title and interest in and to the Contracts and the Purchaser has assumed all of the obligations and duties of Owner on the Contracts. Therefore, the City hereby forever releases and discharges the Owner, but not the Purchaser, from any and all liabilities, duties and obligations under the Contracts and agrees to look to the Purchaser for the satisfaction of any liabilities, duties and obligations under the Contracts. The release by the City of the Owner from such liabilities, duties and obligations is contingent upon the closing of the sale of the Property by the Owner to the Purchaser, and if such sale is not consummated as herein co . ated, this release shall be ineffective. Executed by the undersigned authorized representative of o A' day of April, 1997. A1995A■21737.1 015318/0004 ROBERT L. A1995A■21737 -1 015318/0004 SUBSCRIBED AND SWORN TO before me on *It / , 1997, by Robert L. Bennett. THE STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public in and for the State of Texas This instrument was acknowledged before me on April / , 1997, by Robert L. Bennett, City Manager of the City of Round Rock, on behalf of • e City of Round Rock. Notary Public in and for the State of Texas PARCEL t hem a pert of the B. W. Witham Surrey, Abstract No. 491, Wllllman County, Tsaas. and bring a part of that aertaln 512.23 acre tract of land docrlb.d In a dead to the. But Franklin Corporation mortise! In Volum 1020 al Para a12. 0(110111 &.00rds, Williamson County. and b.log .nr. particularly deacrlb.d by antes and bounds ma follows, to wilt BEGINNING at an Iron rod eat In thin Interior el the above described 212.2S aces Iraot. from which the most northerly northeast corner of said tract bare N 10 12' 01" B a diatoms of 2001.14 feet; 712= trar.e0Inc the loteilor of said 112.26 sots trot. the following described 'motion (12) aouraes and distance. to Iron rod. mite (1) 8 50' 10' 43" B . dl.l.no. of 266.11 feat; (2) 3 12. 42' 15" B 1 distance of 211.26 4.t; (0) N 14. 11' 21" 8 s dlitanee of 193.04 (sett (1) N 11. 02' 22" B a distance of 237.11 (.ell (6) 8 63 33..21" B a distance of 111.02 p611 (1) 8 10" 14' 0S" B a diatom. of 316.13 feet; (7) 8 20. 33' 22" W a Celina. of 170.11 t..(; (1) 8 11 11' 31 N a distance of 111.00 loft (9) H 111 66' 56" W s distance of 397.01 feet; (10) N SO' 37' S0" W • diatom. of 202.24 feat; (11) N 11. 10' 31 W • di.tanae of 131.21 (.et; (12) N 70 27' 41" W a distance of 161.47 feet) (13) 8 01' 11" If a distant. of 110.16 feat; (14) H 11. 42'. 30" W a dlaten0. of 113.10 full (1Q 14 31. 01' 31 W a dist/moo of 320.42 (mitt (11) N 22. 04' 63 W a distance of 111.12 foot. and; (17) N 11! 31' 21 B • dlstanae of 116.11 feet to the Pleas of Beginning, conlalnlnB 21.1713 some el land. Exhibit "A -1" PAACOI. 3 and Nt 10.814' he John H , Randall Sunray, Abstrao( No. 035 Williamson , County. a T au 41 na being a part of that aerteln 612.16 acre Iraal of Ind ducrlbed In a dead to ban Franklin Corporation recorded In Volume 1030 al Page 112, Official Rimed. of Williamson 000nty, and being more particularly described by miles and bounds as follows, to will 08011it172) a( an Iron rod found 01 the moat e111erly .oulhaaal corner of sold 112.31 .are traoll 11ff2138 N 18. 17' 44 W a distance of 2611.11 feat lo' n Iron rod found; 7108,138 8 00• 43' 04" W l distance of 1611.11 feel to an Iron rod found at the moat southerly ■outheeal corner of said 612.31 oar, (root; 11017C8 with an :slating fens along the molt southerly line of ."Id 622.16 acre traol, the following deearlbed four :(t) obkaoa and dlalonaes; (1) N 11. 16' 46" 1Y a distance of 267.11 fast to en Iran rod found; (2) N 11. 14' 22" W a Oaten" of 300.11 feel to an Iron rod found; ' (3) N 11. 12' 61" W • distance of 610.70 fool to en Iron rod found, and; (4) 8 17. 11' 11" W • dl.lanoe of 113.61 feet to n Iron rad found al the cast southerly southwest corner of said 162.36 sore tract, 17UCL3 H 01. 11' 11" 8 , dl.lano, of 431.23 (eel to an Iron rod found; THE= With an exlating fence, the following ducrlbed five (5) courua and dtstinoul (1) N 11. 67' 04" W a distance of 172.11 (.0t to an Iron rod found; (2) N 10. 01' 11" W a distance of 011.34 fool to an Iron rod found; (3) N 11. 61' 61" W • dl.(noa of 216.71 feel to an Iron rod found; (4) N 11. 46' 11" WY distance of 116.16 feet to en Iron rod found, and; (6) 51 Igo 61' 06" W e distance of 114.16 (eel to an Iron rod found al the aoulh/atl oorner of ids 11, Block n, Jeokrabbll Subdlvlalon, 1 eubdlvl,lon of raoord'll fed In Cabinet 0, Slide 213. Plat fleoord. of Williamson County; 7.l�it7 H 00• 66' 11" 8 a "elan" of 211.22 feel to an Iran rod found and H 01. 00' 13" 8 a 41.tanoe of 115.17 fe.C•tq an iron rod found at tM north." oorner of said Jaokrebblt Subdivision, THEWS Ing said 111.37 acre tract, the following ducrlbed (our . (4) douses and'dIstnoea to Iron rode found, 1) H 40• ti' 61. 8 a distance of 10.00 (salt 1) An aro diatom" of 661.12 foal .with a curve to the right, eald curve having a ontral angle of 61. 01' 14", a radius of 636.00 (a.l, and • awed heorIng• and diatom. of N 10. 02' 40" W 621.01 (sat; . 3) N 1. 31' 2g" 1 . dlslanae of 30.31 foot, anal a) . M aro.dlanoe of 31.62 feel with . cure: to the loft, sold curve having a antral angle of 16• 11' 44 ", a esdlu, of 16.00 feet. and a chord bearing and d2ltanoa of N 33. 34' 61• W 31.17 feel to an Iron rod fount In Ida 1outh Ion. of 6or..t Creak Orlv., (also Moral as "Golf Road "); THE= •long the IOUthelly sod easterly line of For.,( Creek Orlre, M. following desorlbed.aenn (7) comas and distnau to Iron rods found, 10:8 76. 41' 20" 8 e dl.lana, of 111.20 (dolt Page 1 of 3 Exhibit "A -2" (1) M ore distort a of 114.01 fat with a come to the loft, asld curt• hoeing a dentrall•an111'of 107. 03' 41 . radius of 330.00 (..l. tangents of 473.12 tool. Ind a chord baring and Milano!' of H 41. 41' 44" 8 002.13 fau; 11f: d 83 0' (31 'H 03. " 4 4S' 10" 11 a dIalanea of 213.73 (sett (4) M aro distance of 313.23 10.t'3Uh • aurvv la the right, maid our. haring a :aantrsl englo of 27. 30 30 ", • radio. of 130.00 feet. langant. of 110.22 foot, and a chord busing and d1•ta000 of N 10. 00' 35" E 301.21 foot; e. (S) H 23. 46' 31" E a 41.1an01 of 327.01 feel; (0). M era dl. Una. of 100.42 feel with a curve to the left. said curve homing a austral •anti•' of 13. 31' 21 ", • Mhos of 410.00 fast. tangential 425.22 f.11, and • chard bearing and dl.lanc. of H 11. 01' 44" W 831.0) foal. and; 40' 0a" N • 41.1000. 01 200.01 foot to on Iran rod •al; 7)M= traWealnf lh• Interior of said 512.31 acre tract. the following described (hlrty .5. (31) oourass and dl.5,n.. to Iron rode ools ii) r . H 12' 37• W t distance of 73.10• feel; (2) .N 41. 45' 01" 11 a diatom' of 174.11 fast: (3) 14 14 40' 43" E • di8lan0 of 574.01 feet, (1) 71" 11' 40" E • dietano• of 120.21 f..1; (6) 'II 00" 33. 13" 1 a distance of 141.21 feel; (1) 0 07. 12' 51 W s distance of 711.45 fast; (7) 8 00. 11' 1/" 1 • dial.00. of 310.11 foot; (5).0 41•'40' 31" 8 a dlalan.. of 111.10 fool, (0) 0 01 50' 47" 0 a distance of 633.21 feat; (10).11 31. 15' 33" 1 a dl.lan01 of 477.15 feet' (111 0 06. 12' 44" 1 a dlelanos of 116.11 feel: a; (I2) 8 43. 31' 10" W a dfelanoe of 310.00 last; (13)'8 00' 00' 00" 1 a diatana. of 215.00 fa.; (14) 6 61 54' 16" W a distance of'131.51 fest; (11) 0 03 13' 30" W s distinct. of 110.02 het: (14) 0 16. 02' 00" 0 a diatom. of 181.10 fat; (17) 0 13. 11' 40" 1 • distance of 213.11 (.alt (21) 11'31..341 311" 1 . dls of 103.01 feu; (11) H 14. 32' 45. 1 a distant,. of 626.23 feat; (10) H 41. 31' 36. 1 i dl.tonce of 11.21 fast; (21)'0 13• It' f0 ". 1 • distant. of 11.61 fat; :(36)20 1 /x•17' 06" 1 • diet.. of 123.01 f '(li)'1'11';4(1'•41"'1 a distance of 471.02 fast; ;(14)T1,13• ;21' 36. 1 a Matinee of 511.06 feet; c(30) 1147•!21'.17" i a Wotan. of 10.51 feet; .(21)•N'T0 °)41. 31. 1 s distance 01 327.31 feats (11) T)!H 03 37' t0• W's dl•l,nc. of 177.17 l•.l; Page 1 of 3 (31) 11 47; 11' 02" R a distance of 109.14 feel; (10) 11 04. 11' 60" i 4 dlilacce o1 Ii1.10 feel; (10) N 63. 20 1( a dl.ten.. of 112.30 feel; 012 11' 06' 67• E a diatoms of 136.14 feel; (13) 41. 41' 44" W a dlstano. of 149.41 feet; 03) 41 71. 11'.16" W a 4leten0 of 701.01 feel; (34) 0 17" 47' 61" W a dlatanee of 110.47 feels (36) 11 73 01' 17" W a distance 0(411.70 feet, and; (34) N 00. 00' 00" E a distance of 116.00 het to an Iron rad eel In the north line of said 117.36 acre t , from which an Iron rod ..1 at 10. southeast corner of that oerlaln 10.15 5014 tract of land 4.110,30.0 In a deed to the Clly of Round Rook racordad In Volume 1151,at Pale 136, 01(101.1 Records, Williamson County, hurl t1 10. 17' 00" R a 41919n0e of 150.00 feel; mna it H. 17' 00" E a 41.11.09 of 1751.10 feet With the north line of said 010.31 8014 tract to 5n Iron rod found al the northeast corner Ihe UM= a 00• 41' 10" W • dl•lana. e( 431.44 feel with the •ast line of ••Id 661.16 sore lra01 to on Iron rad found; 171W!3= 0 CO" 41' 01" W a dletan.e of 1533.41 feel with lhs saet llne of said 611.11 acre tract to the Pla. of 60lminl: containing 300.2410 ecru of land. 1.15 1 of I YIELD NO - PAACEL 30 BEING 1.1006 f land out of the JOIN 1A ALL 91RVEY. ABSTRACT M. 331. Williamson County. Teao•, ind balm • port of that aerla In 312.33 oar. tract of 11nd daaoribld In a deed to Bon Franklin Corporation r oordad In Volu,m 1011; n .1 Fogs 112, 0171.1.1 Records. Williamson County. conveyed to Franklin Ciiital: Corporation In Volua 1733, Pogo 11, Off1.1.1 Records, Williamson Coudly,, Twi...nd. balm mars perlioulasiy described by males and bound& u follows, to Wit, mamma at an Iron rod found at th1 southwest oornlr hereof In the south Ifni if said 012.33 sore treat. 1.1d Iron rod also being the southeast corner of 4'0.3361 sore tract of land desorlbsd In • deed le the CItY of Round Rock. Tons, la Valum••;2111. Page 31, Off101.1 , Williamson County. and fege whl.h lb. eoulh ist,00rner of 1.14 313. 36 a0ro bast boars W 61. 101 31" W • diatom. of 15.77 feel; 110E8 H 00. 31' 8 • dhlame of 211.13 foot with IM cut line of said 0.3361 sort tract to an Iron rod found .t the northeast corner thee..( In the south 12.. :.f Forest Croak Delve. (previously known as "041f Rood ")1 TI01a'a1ong and with the southerly line of Forest Creek Drive. Ih• following dssrlbed Iles (1) course and dlalmcu to Iron rods found; 1) 8 11 14' 21. 8 s distance of 10.01 tool; 2) 'An aro dlltm0. of 211.91 fool with a cure. 10 the loft, said curve having a control angle of 34• 24' 21", a radius of 490.00 teal, langanla of • 131.14 test, and 4 chord bearing and diatom& of N 73 31' 07" E 214.10 ' hell 3) N 11" 30' 12" It a dlotaces of 277.31 feel; 4) M aro dl.tsn.. of 431.14 foot with • curve to the rlghl, mold cure . having a osntral angle of 11" 33' 60", a radius at 400.00 foot. tangent. of 231.17 feet, and • chord bearing and distance of of N 17. 27' 40" E 411.43 feel and! • 7) 8 61" 31' 33" It e dlrlanoa Of 111.00 feet loan Iran rod found .l the nortliasat corner hereof. mold point ■loo biking the northcul corner of . 1.7737 •ore City of Round Rock d•Isnllon pond mo•menl described In 000I.s 2077, P.g. 11, Official Rscarda, Williamson County. Texas; • "l3 11eng ;lbw east and south lino of said distention pond •esm mnl, the following deerlbed germ (7) courses and dlstanou to Iron rods founds {),' ® 41. 0 a dl.tat,e of 91.77 feet; f) '"8 7. Ot' 77" i dlot.... of 73.72 feet; 4 •.' 1) . OT" Yi d11t•me of 33.17 (eet; 4).48 26. 32' 01" W a dlstan0e of 00.41 feet! 1)a1f 11. 01. 11" a distance of 170.10 hot; 1) FN 70•.31' 37" W a d1slama of, 60.10 (..t, and, 7)461.111r:13' 41",W...distance of 36.20 loot; Timis 1$.11. 22 15,dlstame of 311.41 fast to an Iron red found In the iouih 11no of mold 112.32 acre 1 7ig:R *5911i• 31 :71 .4 dliluiai of 717.77 fiat with the aculbllnset .•Id raee a r traot; md.th. ilna af, J.oke.bblt Subdivision, a subdivision ojilieordf11 1, Blida 112. Plat Imorda of Wllllmwm CanlY, to :tb911111'afi1 i111oWl0.4. omtaining 0.2020 •aeu•o2 land. Exhibit "A -3" PA.CE1. . Bxlla 40.8430 l Toad ant of them. N. basIthew. Surrey. Abstr..' Ina. 440, and the John w.. BandallABurney, Abstract N.. 531. Williamson County, 7exso, and boing•. part of thll oerlaln 612.36 ears Irian of land duorlbed In a deed to the Ban Franklin Carporallan reoarded In Yo1um 1010 at Page 412, Of(tolal Rasarde, 1411111m.en County. Texas, and b.Ing mars particularly described by Delta and bound@ as follows, to wit' BEGINNING ■t so !eon rod found at the north,,.( corner hereof. (ran which the oertla,eat corner of 0.14.102.35 oars tract bar. N 10. 31' 40. 11 44.01 (at: nags along and with an existing fume and the north line of amid 512.35 ears tract, the following daarlbsd firs (0) courses and dlelanaa to iron rode found: (l) 8 . 1/. 31' 40 E a distance of 110.11 feeti (1) 8 11' 02' 63. 1 a Milano* of 1011.43 full (3) 8 11. 10' 40" B • diatoms of 1021.47 feet; (4) 8 10' 47' 33. 8 e 450(000. of 511.31 feel. and: (1) 8 11 61' 40" 1 a distance of 251.13 fool; 1705 'tong and with the northerly and weotsriy line of Golf Road, Ihs following 'dainrlbed ten (10) 0001010 and datums to iron rods (oundl (1) 'An ro Olsten. of 121.01 foot with • aurae to the right, maid suave haring a • oalral angle, of 43. 07' 62 ".. radius of 170.00 foot. hng No of 115.41 feet, and a chord bearin1 .04 dlst.00. of 8 77 01' 33" If 122.11 feel! (2)' N el• 14' 31" W a 41.tanoe of 14.27 flat; '(3)' An aro distance at 146.11 feet with a curve to the left, said ours haring a aentr .l.„angle of. 4' 11 53 a radium of 1114.11 feel, tan/ants of 73.01 fast, and a ahord hearing and dletanon of N eP 14' 17" W 141.11 test' . (4) ' 'N 11. 64' 13" H a 40.4.00. of 640.73 feel' (1) l Ad 01.'41.5=4 of 311 :11leet with • ourre .e the left. sold curve haring central, angle 11%.33. 11' 47", a radio. of 111.02 loot, langenla of 113.05 foal, 'and e'oherd bearing and diatoms of 8 74. 08' 44 W 361.02 foot: '(1) 4 i$• 44I t0" W 312.11 feet( '(7) lea dletinoo'ef'221.46 foot with a curve le the left. said curve having • central .angle of 21 • 11' 40 a radlue of 416.73 feat, tongants of 110.12 feet. and o ol(ord Deering and Wotan. of 8 41. 11' 11" W 223.17 feu; W) An uo'dislu 0. 01 214.01 feet with a curve to the left, said curve having a aintril angl. ef'31' 16' 03•, a radium of 230.00 foot, tangents of 114.17 feet. .anda bluing aM distend/ of 8 7' 14..61. W:10.00 het; (is "tl'ti• 3i•4 a dl.ianoe of 1311.00 feet. and' f {'30)j d oi_of i i;se feed u l ll • aurae la the left. ld suer. haring • �a d i:'l:nas ` a i l s 54' 48' 58. 1 234.81 (1.1, n Iro 0. IL ; f VigSt(. 1 . •' e m elelrc.•. of :..at r • • Page 1, of 3 Exhibit "A -4" 71@¢; 1 Ing the Inlarlor of uld 667.31 1010 1ru1, lhs fallowing dascrlb.d twenty -fir. (31) oaursn and 41.1.00.. to Iran rods eel: (1) 8"31. 01' 31" W . dlslanos of 24.22 :eel: (2) H 64" 11' 33" W a dlstsno. of 476.71 (.el; (3) N 11. 31' 13" W a distance of 110.71 (iel; (4) H 01" 17' 31" N .'distance of 174.01 feel; (1) H 07" 61' 11" It a dlslanos of 11.11 fnl; (4) H 11" Oa' 10" W a dlslanae of 10.07 feel; (7) H e1. 33' 10" W a dl.tanos of 76.22 (sat; (1) H 71. 31' 41" W a distance of 76.36 (soti (1) 8 11" 40' 52" W • dlatauo• of 221.02 ("ell (10) 8 06. 11' 36" I • dlstsno. of 211.14 feet; (11) 8 61" 14' 12" W a distance of 494.31 (ull (12) 8 41e 71' 14" W a dl.lano0 of 431.11 (sell (13) 8 12" 41' 31" W a distance of 171.41 (lets (14) 8 23• IS' 111" W a dlstanc. of 11.30 feel; (11) 8 73. 31' 11" W . dlslane. of 200.10 feel; (11) 8 O1" 41' 32" W s dlslsnoe of 117.21 (eel; (17) 8 21..11. 06" I a distance of 111.11 feel; (11) N 11. 00' 00" 8 a distance of 20.00 (sell (11) 8 11. 49' 17" I a dlalanae al 132.20 full (20) 8 01. 16' 61" I a distance of 121.11 feet: (3l) 8 20. 00' 17" W a dl/lanae of 211.21 feet; (13) 8 01" 61' 01" W . dial.,...( 214.17 Joel; (22) 0 11 11' 37" I • distance of 471.77 feet; (24) 8 17. 11' 21" 8 a 00.tano. of 111.a1 lest, and; (21) 8 11" 31' 04" 8 a distance of 103.06 feat to a Iron rod sat In the north line of Gel( load( 11021:18 along 18d with the north line of Oolt toad. the following described (our (4) :musses and diatoms to Iran rid. (oud; (1) M are 48.tsna. of 101.00 (0.1 with a curve to the 1.11, s•1d awn. having • ;mini angle of 23. 6e' 12', • r.dlu. 01 620.00 (eel. tangent. of 150.11 (eel. and ...hoed heering and dist•na. of 0 73" la' 41" w 303.11 feet; (1) 0 11" 10' 42" W a dlslanoe of 171.32 tu11 Patio 2 of 3 (1) M arm diolanee of 111.11 fool with • ours• to th• slant, said ours• haring • " •angle of 44 11•. • radlua of 110.00 (ut, tanguwe of 101.41 O tt F riel; and aohaed nearing •M dlelanoe of 0 77. 30' 07• W 1114.33 foot; (4) W 11. 14' 11• W a diatanm' of 11.10 fest to an lean sod fond 10 the southwest ••' t'coedae' hrreof, fold Iron rod ales Ming the southeast cornea of that certain 4.0001 oars treat of loud desmribed in o dead to the City of Round Rock il In Vold= 1108 at rage 08. 00(10111 1•aor4•, Williamson County; • 71R071'W •0 "00• 4 a dielanee of 7401.70 toot with the soot lino of 4414 60001 mere 0root to lM !lama of B4glwIng, containing 41.1111 ecru of land. Page 3 of 3 EXHIBIT B DEVELOPMENT CONTRACTS 1. Dedication and Development Agreement. As used herein, the term "Dedication and Development Agreement" shall mean and refer to the following agreement(s): A1/233755.1 015318/0001 a. Dedication and Development Agreement dated September 28, 1989, between the City of Round Rock and Franklin Capital Corporation. b. First Amendment to Dedication and Development Agreement dated December 20, 1989. c. Second Amendment to Dedication and Development Agreement dated September 9, 1991. 2. Land Use Agreement. As used herein, the term "Land Use Agreement" shall mean and refer to the following agreement(s): a. Land Use Agreement for Golf Course Tract dated September 28, 1989, between the City of Round Rock and Franklin Capital Corporation. b. First Amendment to Land Use Agreement for Golf Course Tract dated September 9, 1991. 3. Water and Wastewater Agreement. As used herein, the term "Water and Wastewater Agreement" shall mean and refer to the following agreement(s): a. Franklin 582 Water and Wastewater Service Agreement (Revised) dated April 26, 1990, between the City of Round Rock and Franklin Capital Corporation. b. First Amendment to Franklin 582 Water and Wastewater Service Agreement (Revised) dated July 25, 1991. c. Second Amendment to Franklin 582 Water and Wastewater Service Agreement (Revised) dated July 9, 1992. d. Franklin 582 Cost Participation Agreement dated May 26, 1992, between the City of Round Rock and Franklin Capital Corporation. Page 1 of 2 Pages 4. PUD Agreement. As used herein, the term "PUD Agreement" shall mean and refer to the following agreement(s): Al/233755.1 01531 &0001 e. First Amendment to Franklin 582 Utility Cost Participation Agreement dated December 22, 1992, between the City of Round Rock and Franklin Capital Corporation. a. Ordinance and Planned Unit Development Agreement dated March 28, 1991, between the City of Round Rock and Franklin Capital Corporation. Page 2 of 2 Pages s • V s ty' „�i�0 THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § FOREST CREEK MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE I 4:85 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Round Rock passed Ordinance No. 1297 on March 28, 1991, amending the Official Zoning Map to zone the Development (hereinafter defined) as Planned Unit Development District No. 4 (the "PUD "), in order to provide for the orderly development of a first, class mixed residential and limited commercial development adjacent to the Golf Course (hereinafter defined); and WHEREAS, Forest Creek Properties, Ltd., a Texas limited partnership, hereinafter called the Declarant, is the owner of approximately 39.98 acres of real property within the PUD, a portion of which containing 20.302 acres being described as Forest Creek Phase 1, Section 1, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet K , Slide /SO. -/3'/ , Plat Records of Williamson County, Texas and Declarant proposes to develop and subdivide the Property (hereinafter defined) for residential and other purposes more particularly described herein; and WHEREAS, Franklin Capital Corporation, a Texas corporation, is the owner of the remaining approximately 357.2 acres of additional real property within the PUD contiguous to the Property, which Declarant has an option to purchase for purposes of developing additional phases of the Forest Creek Subdivision; and WHEREAS, the Declarant desires to hold and from time to time convey the Property, or any portion thereof, subject to certain protective covenants, conditions, restrictions, liens and charges hereinafter set forth; and WHEREAS, Declarant desires to create and carry out a uniform plan for the improvements, development and sale of the Property for the benefit of the present and future owners of the Property: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that. it is hereby declared (i) that all of the Property shall be held, sold, conveyed and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions regardless of whether or not the same are set out or referred to in said contract or deed. DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: ) OFFICIAL RECORDS 'WILLIAMSON COUNTY, TF ;(A3 VOL ti,.+� 312 1.12 Design Guidelines. "Design Guidelines" shall mean the criteria and guidelines established by the Architectural Review Committee for the construction of landscaping improvements and commercial development improvements within the Property. 1.13 Development. "Development" shall mean, collectively, the Property and the Franklin Property, as more particularly described on Exhibit "A" attached hereto and incorporated herein, and comprising the real property within the PUD. 1.14 Golf Course. "Golf Course" shall mean that certain public golf course adjacent to the Development owned by the City of Round Rock, Texas, commonly referred to as Forest Creek Golf Course. 1.15 Greenbelt or Amenity Area. "Greenbelt" or "Amenity Area shall mean all areas designated by Declarant to be held as open space or for passive or active recreational purposes for the benefit of all Owners. 1.16 Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind located on the Property, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, basketball goals, swimming pools, garages, storage buildings, fences, trash enclosures, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities. 1.17 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on a Plat of the Property, together with all Improvements located thereon. 1.18 Master Declaration. "Master Declaration" or "Declaration" shall mean this instrument, and as it may be amended from time to time. 1.19 Member. "Member" or "Members" shall mean any person, persons, entity, or entities holding membership rights in the Association. 1.20 Mortgage. "Mortgage" shall mean any mortgage or deed of trust covering all or any portion of the Property given to secure the payment of a debt. 1.21 Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or Mortgages. 1.22 Owner. "Owner" or "Owners" shall mean and refer to a person or persons, entity or entities, excluding Declarant, holding a fee simple interest in all or any portion of the Property, but shall not include a Mortgagee. 1.23 Person. "Person" or "Persons" shall mean any individual, individuals, entity or entities having the legal right to hold title to real property. 1.24 Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, signage, lighting, elevation drawings, floor plans, specifications on all building products and construction techniques, samples or exterior colors, plans for utility services, all other documentation or information relevant to such improvement. -3- VOL PA Et)l3 1.25 Plat. "Plat" shall mean a final subdivision plat of any portion of the Property. 1.26 Property. "Property" shall mean that real property which is subject to the terms of this Declaration initially described as Forest Creek Phase 1, Section 1, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet , Slide , Plat Records of Williamson County, Texas and as described by metes and bounds on Exhibit "B" attached hereto and incorporated herein, and any additional real property which may be hereafter incorporated or annexed under the terms of this Declaration. 1.27 Subassociation. "Subassociation" shall mean any non- profit Texas corporation or unincorporated association, organized and established by Declarant or with Declarant's approval, pursuant to or in connection with a Supplemental Declaration. 1.28 Subdivision. "Subdivision" shall mean and refer to Forest Creek Phase 1 and such other property within the Development, which has been subdivided and shown on a map or plat or record in the Plat Records of Williamson County, Texas and brought within the scheme of this Declaration in accordance with the provisions of Article II of this Declaration. 1.29 Supplemental Declaration. "Supplemental Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions which may be recorded hereafter in order (i) to incorporate land within the Development in to the Property, (ii) to subject any area of the Property to further covenants, conditions or restrictions (iii) to withdraw land from the Property or (iv) to annex additional land into the Development. ARTICLE II ADDITIONS TO THE PROPERTY 2.1 Phased Subdivision. (A) Incorporation. The Declarant, its successors and assigns, shall have the right at any time prior to June 1, 2012, to incorporate within the scheme of this Declaration additional phases of the Development, so long as such properties are within the area described on Exhibit "A" attached hereto, following the acquisition of such property, or with the consent of the record owner, without the consent or approval of any party, including the Owners of any Lots (other than Declarant), and so long as such additions are pursuant to a general plan approved by the Veterans Administration ( "VA "). (B) Annexation. Additional properties may be annexed into the Development at any time with the consent of two - thirds (2 /3rds) of each class of Members of the Association. As additional properties are annexed hereto, Declarant shall, with respect to said properties, record Supplemental Declarations which may incorporate this Declaration herein by reference, and which may supplement or modify this Declaration with such additional covenants, restrictions and conditions which may be appropriate for those properties. (C) Filing Supplemental Declarations. To evidence the incorporation or annexation of additional property, Declarant shall record a Supplemental Declaration which shall incorporate this Declaration by reference. Following such incorporation or annexation and the recordation of such additional plat or maps, then and thereafter the Owners of all lots in the Subdivision shall have the rights, privileges and obligations set forth in, this Declaration and each applicable Supplemental Declaration. -4- VOL 4�vCP , iEIT 2.2 Merger or Consolidation. Upon a merger or consolidation of the Association with another association, the Association's properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the property, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration pertaining to the Property except as hereinafter provided. ARTICLE III GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions: 3.1 Antennae. No exterior radio or television antenna or aerial or satellite dish receiver, or other devices designed to receive telecommunication signals, including, but not limited to, radio, television, or microwave signals which are intended for cable television, network television reception, or entertainment purposes shall be erected or maintained, except by Declarant, without the prior written approval of the Architectural Review Committee. 3.2 Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Review Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or other interest less than the whole, all without the approval of the Architectural Review Committee. Public utility and drainage easements are exempt from this provision. 3.3 General Signage Standards. All signs visible from the roadway or Golf Course (both temporary and permanent) shall be constructed for low maintenance and shall be approved in advance by the Architectural Review Committee and the City of Round Rock. In the event a sign is not properly maintained, the Architectural Review Committee and the City of Round Rock may give the sign owner written notice thereof. Required repairs must be made within five (5) business days of notification or the Architectural Review Committee and City of Round Rock shall have the right, but not the obligation, to have repairs made and charged to the sign owner. Prohibited signs include bench signs; billboards; banner signs; signs with flashing or blinking lights or mechanical movement; dayglo colors; signs which make or create noise; animated moving signs; exposed neon, fluorescent or incandescent illumination; painted wall signs; pennants; trailer signs; signs with beacons; and any sign that obstructs the view in any direction of an intersection. 3.4 Rubbish and Debris. shall be placed or permitted to no odors shall be permitted to such property or any portion offensive or detrimental to occupants. Refuse, garbage and in covered containers and such No rubbish or debris of any kind accumulate upon the Property and arise therefrom so as to render thereof unsanitary, unsightly, any other property or to its trash shall be kept at all times containers shall be kept within -5.- 3.8 Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Review Committee. 3.9 Roofing Materials. All roofing material shall be subject to the approval of the Architectural Review Committee. VOL 22C.: P,;6E315 enclosed structures or appropriately screened from view. In the event the owner shall fail or refuse to keep, or cause to be kept such owner's property or any improvements thereon free from rubbish or debris or any kind, and such failure or refusal shall continue for fifteen (15) days after delivery of written notice thereof, then the Forest Creek Homeowners' Association or the City of Round Rock may enter upon such property and remove or correct the same at the expense of the property owner and such entry shall not be deemed a trespass. 3.5 Noise. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security or public safety purposes) shall be located, used or placed on any of the Property such that it becomes or will become clearly audible at the property line of adjoining property owners. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. 3.6 Construction of Improvements. No Improvements shall hereafter be constructed upon any of the Property without the prior written approval of the Plans and Specifications for the Improvement(s) by the Architectural Review Committee. Anything herein to the contrary notwithstanding, in the case of single family residences constructed on any Lot, the Architectural Review Committee, in its sole discretion, may limit its review to a review of specific floor plans, and elevations, and upon the Architectural Review Committee's approval of such specific floor plans and elevations, residences may be constructed consistent with the approved floor plans and elevations without the requirement of further review or approval by the Architectural Review Committee. 3.7 Repair of Buildings. All Improvements upon any of the Property shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner thereof. 3.10 Underground Utility Lines. No utility lines including, but not limited to, wires or other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on buildings or other Improvements as approved in writing by the Architectural Review Committee; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or other Improvements which have been previously approved in writing by the Architectural Review Committee; and further provided that this provision shall not apply to utilities installed along the perimeters of the Property. The installation method, including, but not limited to, location, type of installation, equipment, trenching method and other aspects of installation, for both temporary and permanent utilities shall be subject to review and approval by the Architectural Review Committee. -6- r-- '9'72 VOL P AGE � 3.11 Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved by the Architectural Review Committee. 3.12 Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well - designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes. 3.13 Temporary Structures. No tent, shack or other temporary building, improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Review Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders and foremen during actual construction may be maintained with the proper approval of Declarant, approval to include the nature, size, duration and location of such structure. 3.14 Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate or earth. 3.15 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Review Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, busses, motorcycles, motor scooters, and garden maintenance equipment shall be kept at all times, except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have garage space sufficient to house all vehicles to be kept on the Lot. Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventy -two (72) hours. No automobiles or other vehicles may be parked overnight on any roadway within the Property. Service area, storage area, loading area, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view from public or private thoroughfares and adjacent properties and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials or scrap or refuse or trash shall be kept stored or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view from public or private thoroughfares and adjacent properties. 3.16 Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot at any time, and no travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or public or private thoroughfares for more than forty -eight (48) hours. 3.17 Fences. The construction of fences shall be subject to the prior written consent of the Architectural Review Committee. The Architectural Review Committee may, in its discretion, prohibit the construction of any proposed fence, or -7- " 1:7 specify the materials of which any proposed fence must be constructed, or require that any proposed fence be partially screened by vegetation. No fence shall be permitted within any street yard. (Street yard is the yard abutting a street which lies between the street and the face of the house as described in the City of Round Rock Landscape Ordinance.) Fences adjacent to roadways designated as collectors by the City of Round Rock and Greenbelt areas other than Golf Course properties shall be constructed by the Declarant or cause to be constructed by Declarant as part of the construction of each subdivision and must be completed prior to acceptance of the subdivision. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (Wood, common cement or cinder block and chain link are specifically excluded.) The design, materials and specifications of such fencing shall be approved by the Architectural Review Committee and the City of Round Rock Director of Planning prior to the approval of the subdivision plat. The Declarant shall include in his fence design, or cause to be included accent landscaping in the public right of way to complement all rear lot line fencing. (A) Fencing Adjacent to Golf Course. All fences constructed along the boundary of the Golf Course shall be constructed of (a) treated split rail wood (two rails) with limestone columns, not to exceed 3.5 feet in height, (b) wrought iron with limestone columns, not to exceed 6.5 feet in height, (c) or such other material of equal or greater quality approved in writing by the Architectural Review Committee and the City of Round Rock Planning Director. (B) Fence Maintenance. Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the Master Association or the City of Round Rock. It shall be a violation of this Declaration to maintain a fence in such a manner as to allow (1) any portion of a fence to lean so that the fence's axis is more than five (5) degrees out of perpendicular alignment with its base, (2) missing, loose, or damaged stone or wood rails in the fence and (3) symbols, writings, and other graffiti on the fence. 3.18 Animals - Household Pets. No animals, including pigs, pot bellied pigs, hogs, swine, pigeons, poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained or cared for on the Property. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on any portion of the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large and all animals shall be kept within enclosed areas which must be clean, sanitary and reasonable free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Review Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property. 3.19 Maintenance of Lawns and Planting. Each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner's Lot (including any Greenbelt platted as a part of such Owner's Lot and any Greenbelt located between such Owner's Lot and a publicly dedicated roadway) cultivated, pruned, mowed and free of trash and other unsightly material. -8- () sy VOL etc � 3.20 Construction Activities. Notwithstanding any provision herein to the contrary, this Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event of any dispute regarding such matters, a temporary waiver of the applicable provision may be granted by the Architectural Review Committee, provided that such waiver shall be only for the reasonable period of such construction. 3.21 Compliance with Provisions of the Forest Creek Restrictions. Each Owner shall comply strictly with the provisions of the Forest Creek Restrictions as the same may be amended from time to time. Failure to comply with any of the Forest Creek Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Board on behalf of the Association or by an aggrieved Owner. 3.22 Construction in Place. All dwellings constructed on the Property shall be built in place on the applicable Lot and the use of prefabricated materials shall be allowed only with the prior written approval of the Architectural Review Committee. 3.23 Unfinished Structures. No structure shall remain unfinished for more than one (1) year after the same has been commenced. Construction of residential improvements shall begin no later than two (2) years after ownership of the Lot has been legally conveyed by Declarant. 3.24 Setback Requirements. Setback requirement shall be the more restrictive of (a) those set forth on any Plat, (b) those established by the Architectural Review Committee or Declarant pursuant to Section 4.2 below, or (c) those contained in the City Zoning Ordinance. 3.25 Rentals. Nothing in the Declaration shall prevent the rental of any entire Lot and the Improvements thereon, by the Owner thereof for residential purposes. 3.26 Sidewalks. A sidewalk shall be constructed, in accordance with applicable City of Round Rock ordinances and regulation, on each Lot, and the Plans and Specifications for all residential buildings on each Lot shall include plans and specifications for such sidewalk, and the same shall be constructed and completed prior to occupation of the residential building. No other sidewalks shall be placed on any Lot without the approval of the Architectural Review Committee. 3.27 No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article III or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom. —9— ARTICLE IV USE RESTRICTIONS — VOL oC,.iat� PA b[u. 4.1 General. The Property shall be improved and used solely for single family residential use, for Greenbelt or Amenity Areas and for all other uses permitted by the Planned Unit Development Agreement. Greenbelt or Amenity Areas may, subject to the approval of Declarant, be improved and used for active and passive recreational purposes for the primary benefit of Owners and occupants of portions of the Property; provided, however that, as to any specific area, Declarant may, in its sole and absolute discretion, permit other improvements and uses. 4.2 Minimum Yards. The location of all Improvements located on a Lot shall be subject to approval by the Architectural Review Committee. Minimum yard and set -back requirements may be established in excess of those shown on the plat or contained in City ordinances by the Architectural Review Committee or by Declarant through a Supplemental Declaration in order to maximize open areas, pedestrian and vehicular movement and to benefit the overall appearance of the Property. 4.3 Greenbelt or Amenity Areas. No land within any Greenbelt or Amenity Areas shall be improved, used or occupied, except in such manner as shall have been approved by Declarant, in its sole and absolute discretion. Such required approval shall extend to the nature and type of use, occupancy and Improvement. Declarant may, by written instrument, delegate its right to grant such approval to the Board. Access to any Greenbelt or Amenity Area may be limited to persons currently paying Assessment, fees and other charges, or otherwise conditioned or restricted, or made available to non - Owners, all on such terms and conditions as Declarant may determine, in its sole discretion. In addition to the foregoing, the Director of Planning and Community Development must approve any improvements located adjacent to the Golf Course. 4.4 Recreational Improvements. Any proposed construction of recreational improvements within a Greenbelt or an Amenity Area shall be subject to approval by the Architectural Review Committee. ARTICLE V FOREST CREEK HOMEOWNERS ASSOCIATION, INC. 5.1 Organization. The Declarant shall, at such time as Declarant deems appropriate, cause the formation and incorporation of the Master Association as a nonprofit corporation under the laws of the State of Texas. The Master Association shall be created for the purposes, charged with the duties, governed by the provision, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Master Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. Nothing in this Master Declaration shall prevent the creation, by provision therefor in Supplemental Declaration(s) executed and recorded by Declarant or any person or persons authorized by Declarant, of Subassociations to own, develop, assess, regulate, operate, maintain or manage the Property subject to such Supplemental Declarations. 5.2 Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject, by covenants or record, to Assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or -10- VOLaA:AA-2Pt entities who hold an interest merely as security for the performance of any obligation. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Any Mortgagee or Lienholder who acquired title to any Lot which is a part of the Property through judicial or non - judicial foreclosure, shall be a Member of the, Association. It is understood that the Development may be developed in phases or sections, and upon the completion of development of each individual section or phase by Declarant, such completed section or phase or any part thereof shall, at the option and election of Declarant, be incorporated within the scheme of the Declaration and become bound hereby and a part hereof, which incorporation shall be evidenced by the filing of the Supplemental Declaration; provided, however, in the event that Declarant shall sell the Exhibit "A" land to an unrelated third party purchaser without having first developed the same, such third party shall have the right to elect whether or not it desires the Exhibit "A" land to be incorporated herein pursuant to the terms of Section 2.1. 5.3 Voting Rights. The Association shall have two (2) classes of voting memberships: (A) Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine as provided by the By -Laws, but in no event shall more than one (1) vote be cast with respect to any Lot. (B) Class B. The Class B Member(s) shall be the Declarant, and its successors and assigns, and shall be entitled to three (3) votes for each Lot owned by it, provided that the Class B membership shall cease and be converted to Class A membership (subject to reversion back to Class B membership upon the annexation of additional land) on the happening of either of the following events, whichever occurs earlier: (1) the complete development of the land and sale of all developed lots described on Exhibit "A" attached hereto; (2) twenty (20) years from the filing date hereof in the Official Public Records of Williamson County, Texas. 5.4 Powers and Authority of the Association. The Master Association shall have the powers of the Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the Laws of Texas or of the two preceding sentences, the Master Association and the Board, acting on behalf of the Master Association, shall have the power and authority at all times as follows: (A) promulgate, and re -enact in conflict covering any Forest Creek Rules and Bylaws. To make, establish and and in its discretion to amend or repeal , such Forest Creek Rules and Bylaws, not with this Declaration, as it deems proper and all aspects of its functions. VOL /AL ors ZLJkPA%E aka. . (B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board are reasonably necessary or appropriate to carry out the Master Association functions. (C) Records. To keep books and records of the Master Association's affairs. (D) Assessments. To levy assessments as provided in Article VII below. An assessment is defined as that sum which must be levied in the manner and against the property set forth in Article VII hereof in order to raise the total amount for which the levy in question is being made. (E) Right of Entry and Enforcement. To enter at any time in an emergency (or in the case of a non - emergency, after twenty -four (24) hours written notice), without being liable to any Owner, upon any Lot and into any Improvement thereon for the purpose of enforcing the Forest Creek Restrictions or for the purpose of maintaining or repairing any area, Improvement or other facility to conform to the Forest Creek Restrictions, and the expense incurred by the Master Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered upon and upon the improvements thereon, and shall be enforced in the same manner and to the same extent as provided in Article VII hereof for regular and special assessments. The Master Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Forest Creek Restrictions. The Master Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Forest Creek Restrictions; provided, however, that the Board shall never be authorized to expend any Master Association funds for the purpose of bringing suit against Declarant, its successors or assigns. (F) Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Master Association. (G) Collection for Subassociation. To collect on behalf of and for the accounting of any Subassociation (but not to levy) any assessment made by Subassociation created pursuant to this Master Declaration. (H) Conveyances. To grant and convey to any person or entity the real property and /or other interest therein, including fee title, leasehold estates, easements, rights -of -way, or mortgages out of, in, on, over, or under any Common Properties for the purpose of constructing, erecting, operating or maintaining the following: (1) Parks, parkways or other recreational facilities or structures; (2) Roads, streets, walks, driveways, trails and paths; -12- VOL ti v v PGti. Ohm (L) (M) (3) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; (4) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and /or (5) Any similar public, quasi - public or private improvements or facilities; provided, however, that the Master Association shall not convey fee simple title in and to, or mortgage all or any portion of any Common Properties without the consent of at least sixty -seven (67 %) of the Owners (excluding Declarant). Nothing above contained, however, shall be construed to permit use or occupancy of any Improvement or other facility in a way which would violate applicable use and occupancy restrictions imposed thereon by other provisions of this Declaration. (I) Manager. To retain and pay for the services of a person or firm (the "Manager ") to manage and operate the Master Association, including its property, to the extent deemed advisable by the Board. Additional personnel may be employed directly by the Master Association or may be furnished by the Manager. To the extent permitted by law, the Master Association and the board may delegate any other duties, powers and functions to the Manager. The members of the Master Association hereby release the Master Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power or function so delegated. (J) Association Property Services. To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for all Common Properties; to maintain and repair easements, roads, roadways, rights -of -way, parks, parkways, median strips, sidewalks, paths, trails, ponds, lakes and other areas of the Property, as appropriate and the maintenance of which has not been accepted by the appropriate governmental entity; and to own and operate any and all types of facilities for both active and passive recreation. (K) Other Services and Properties. To obtain and pay for any other property and services, and to pay any other taxes or assessments which the Master Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Declaration, or the Articles of Bylaws of the Master Association. Construction on Association Property. To construct new Improvements or additions to Common Properties, subject to the approval of the Architectural Review Committee as provided in this Declaration. Contracts. To enter into contracts with Declarant and other persons on such terms and provisions as the Board shall determine, to operate and maintain any Greenbelt or Amenity Area or to provide any service or perform any function on behalf of Declarant or any Person. (N) Property Ownership. To acquire and own and to dispose of all manner of real and personal property, whether by grant, lease, gift or otherwise. -13- -14- new r�cc� V0Lf�,G�t 2NGE 5.5 Maintenance and Landscape Authority. The Master Association shall maintain all streets and roadways within the Property, which have been completed but not accepted by the appropriate governmental entity for maintenance. In addition, the Master Association shall be authorized to landscape, maintain and repair all easements, access easements, rights -of -way, median strips, sidewalks, paths, trails, detention ponds and other areas of the Property, as appropriate. The Master Association shall maintain all Greenbelt or Amenity Areas dedicated to the Master Association for maintenance, by or with the consent of Declarant. The Master Association shall also maintain any landscaped medians and boulevard areas, not fronting lots, located in the public right of way. All signage, plant materials and improvements used in said median or boulevard areas must be approved by the City of Round Rock and may be removed from the right of way by the City of Round Rock if required. 5.6 Lighting. The Master Association shall pay for electrical service and for all other costs and expenses necessary to operate and maintain the lighting, other than standard street lights accepted for maintenance by the City within street right -of -ways and Greenbelt and Amenity Areas and on Common Properties. 5.7 Common Properties. Subject to and in accordance with this Declaration, the Master Association, acting through the Board, shall have the following duties: (A) To accept, own, operate and maintain all Greenbelt or Amenity Areas which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for whatever purpose which may be located in said area; and to accept, own, operate and maintain all other Common Properties, real and personal, conveyed or leased to the Master Association by Declarant and to maintain in good repair and condition all lands, improvements and other Master Association property owned by or leased to the Master Association. Such maintenance shall include but not be limited to mowing and removal of rubbish or debris of any kind. (B) To construct, maintain, repair and replace landscape improvements and irrigation systems within public rights -of -way pursuant to agreement(s) with the City of Round Rock or other appropriate governmental authority. (C) To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to any property owned by or leased to the Master Association, to the extent that such taxes and assessments are not levied directly upon the members of the Master Association. The Master Association shall have all rights granted by law to contest the legality and the amount of such taxes and assessments. (D) Upon the approval of two - thirds (2 /3rds) of the Owners (excluding Declarant), to execute mortgages, both construction and permanent, for construction of facilities, including improvements on property owned by or leased to the Master Association. Additionally, the Master Association may accept lands in Greenbelt or Amenity Areas, whether or not improved, from Declarant subject to such mortgages or by assuming such mortgages. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or manner as may be deemed appropriate by the borrower, whether Declarant or the Master Association. The mortgage or other security interest r VOLA e i > F 1 ; E 3 / 2 4 given to secure repayment of any debt may consist of a first, second or other junior lien as shall be deemed appropriate by borrower, whether Declarant or the Association, on the improvement or other facility to be constructed, together with such underlying and surrounding lands as the borrower deems appropriate. The debt secured by such mortgage or other security instrument may be retired from and secured by the revenues generated by dues, use fees or Assessment paid by the members of the Master Association, as the case may be, but subject to the limitations imposed by this Declaration. (E) To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and /or death caused by the use and enjoyment of the Greenbelt and /or Amenity Area, as well as casualty coverage on all real and personal property owned by the Master Association, if and in such amounts as the Board shall deem appropriate. 5.8 Fencing. Fences adjacent to roadways designated as collectors by the City of Round Rock and Greenbelt areas other than Golf Course properties shall be constructed by the Declarant or cause to be constructed by Declarant as part of the construction of each subdivision and must be completed prior to acceptance of the subdivision with the Property. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (Wood, common cement or cinder block and chain link are specifically excluded.) The design, materials and specifications of such fencing shall be approved by the Architectural Review Committee and the City of Round Rock Director of Planning prior to the approval of the subdivision plat. The Declarant shall include in his fence design, or cause to be included accent landscaping in the public right of way to complement all rear lot line fencing. 5.9 Indemnification. The Master Association shall indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is or was a director, officer, committee member, employee, servant or agent of the Master Association against expenses, including attorney fees, reasonably incurred by him in connection with such action, suit or proceeding if it is found and determined by the Board or a Court that he (1) acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Master Association, and (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith or in a manner which he reasonably believed to be in, or not opposed to, the best interests of the Master Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. The Board may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, employee, servant or agent of the Master Association, against any liability asserted against him or incurred by him in any such capacity, or arising out of his status as such, whether or not the Master Association would have the power to indemnify him against such liability hereunder or otherwise. -15- ARTICLE VI ARCHITECTURAL REVIEW COMMITTEE 6.1 Approval of Plans and Specifications. No Improvement shall be commenced, erected, constructed, placed or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until the Plans and Specifications therefor shall have been submitted to and approved by the Architectural Review Committee in accordance herewith. 6.2 Membership of Architectural Review Committee. The Architectural Review Committee shall consist of not less than three (3) nor more than seven (7) voting members ( "voting Members ") and such additional nonvoting members serving in an advisory capacity ( "Advisory Members ") as Declarant or its successors or assigns deems appropriate. The initial voting members of the Architectural Committee shall be John Simmons, Fred Eppright and Perry Blanton. 6.3 Actions of the Architectural Review Committee. The Architectural Review Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Review Committee. In the absence of such designation, the vote of a majority of all of the members of the Architectural Review Committee taken without a meeting, shall constitute an act of the Architectural Review Committee. 6.4 Advisory Members. The Voting Members may from time to time designate Advisory Members. 6.5 Term. Each member of the Architectural Review Committee shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed, as proved herein. 6.6 Declarant's Rights of Appointment. Declarant, its successors or assigns shall have the right to appoint and remove all members of the Architectural Review Committee. Declarant may delegate this right to the Board by written instrument. Thereafter, the Board shall have the right to appoint and remove all members of the Architectural Review Committee. 6.7 Adoption of Rules. The Architectural Review Committee may adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties, including but not limited to a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable. 6.8 Review of Proposed Construction. Whenever in this Declaration, or in any Supplemental Declaration, the approval of the Architectural Review Committee is required, it shall consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts and information which, in its sole discretion, it considers relevant, and may require an Owner to provide such other information as it deems relevant. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the Architectural Review Committee, and construction thereof may not commence unless and until the Architectural Review Committee has approved such Plans and Specifications in writing. The Architectural Review Committee may postpone review of the Plans and Specifications until such time as the Architectural Review Committee has received all information requested. The Architectural Review Committee shall consider and act upon any and all Plans and -16- VOL ti dlitiPA�GE VOL a.,25■PdGE O 9 M) Specifications submitted for its approval pursuant to this declaration and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Architectural Review Committee. The Architectural Review Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness, ',or conformance with building or other codes. 6.9 Variances. The Architectural Review Committee may grant variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, when, in the opinion of the Architectural Review Committee, in its sole and absolute discretion, such variance will not impair or detract from the high quality development of the Property, and such variance is justified due to unusual or aesthetic considerations or unusual circumstances. All variances must be evidenced by a written instrument, in recordable form, and must be signed by at least two (2) of the Voting Members. The granting of such variance shall not operate to waive or amend any of the terms and provisions of these covenants and restrictions applicable to the Lots for any purpose except as to the particular property and in the particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions hereof. Notwithstanding the foregoing, such variances shall not vary any city ordinance unless a variance or special exception has been first granted by the City of Round Rock. 6.10 No Waiver of Future Approvals. The approval or consent of the Architectural Review Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Review Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person. 6.11 Work in Progress. The Architectural Review Committee, at its option, may inspect all work in progress to ensure compliance with approved Plans and Specifications. 6.12 Address. Plans and Specifications shall be submitted to the Architectural Review Committee c/o Captex Development Company, 11709 Boulder Lane, Austin, Texas 78726, or such other address as may be designated by Declarant, its successors and assigns, from time to time. 6.13 Fees. The Architectural Review Committee shall have the right to require a reasonable submission fee not to exceed $150.00 for each set of Plans and Specifications submitted for its review. 6.14 Certificate of Compliance. Upon completion of any Improvement approved by the Architectural Review Committee and upon written request by the Owner of the Lot, the Architectural Review Committee shall issue a Certificate of Compliance in a form suitable for recordation. The Certificate shall identify the Lot and the Improvements, the use or uses to be conducted thereon, and the Plans and Specifications on file with the Architectural Review Committee pursuant to which the Improvements were made and shall specify that the Improvements comply with the approved Plans and Specifications. The Certificate shall not be construed to certify the acceptability, sufficiency or approval by the Architectural Review Committee of the actual construction of the Improvements or of the workmanship or material thereof. -17- VCL w :A�c3f PA% L.Pie, The Owner is hereby notified that the Certificate in no way warrants, except as set forth above, the sufficiency, acceptability or approval by the Architectural Review Committee of the construction workmanship, materials or equipment of the Improvements. Preparation and recordation of such a Certificate shall be at the expense of the Owner of the improved Lot. ARTICLE VII FUNDS AND ASSESSMENTS 7.1 Assessments. (A) Assessments established by the Board pursuant to the provisions of this Article VII shall be levied on a uniform basis against each Lot within the Property. (B) Each unpaid Assessment together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Property against which the Assessment fell due, and shall become a lien against each such Lot and all Improvements thereon. The Master Association may enforce payment of such assessments in accordance with the provisions of this Article. (C) Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose to the duration of the Assessment year or other period remaining after said date. 7.2 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Master Association and from which disbursements shall be made in performing the functions of the Master Association under this Master Declaration. The funds of the Master Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended. Nothing contained herein shall limit, preclude or impair the establishment of other maintenance funds by a Subassociation pursuant to any Supplemental Declaration. 7.3 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Master Association during such year in performing its functions under the Forest Creek Restrictions, including but not limited to, the cost of all maintenance, the cost of providing street lighting, the cost of enforcing the Forest Creek Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Master Association may at any time, and from time to time, levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Master Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. In no event shall the regular annual Assessment per lot for year 1993 exceed the sum of $240.00.00. -18- VOL e.: �2t52PA6E32 Thereafter, the regular annual Assessment permitted hereunder shall not be increased by more than ten percent (10.0 %) per year. 7.4 Special Assessments. In addition to the regular annual Assessments provided for above, the, Board may levy special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Master Association under the Forest Creek Restrictions. The amount of any special Assessments shall be at the reasonable discretion of the Board and all .such special Assessment shall be due and payable to the Association within 30 days of the date of written notice of such special Assessment. In no event shall the total special Assessment per lot during the year 1993 exceed the sum of $240.00.00. Thereafter, the special Assessment permitted hereunder shall not be increased by more than ten percent (10.0 %) per year. 7.5 Owner's Personal Obligation for Payment of Assessments. The regular and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest on the amount of the Assessment from the due date at a percentage rate of six percent (6 %) per annum, together with all costs, and expenses of collection, including reasonable attorneys' fees. 7.6 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid, shall together with interest as provided in Section 7.5 hereof and the cost of collection, including attorney's fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for: (A) All liens for taxes or special assessments levied by the applicable city, county or state government, or any political subdivision or special district thereof; (B) All liens securing all amounts due or to become due under (i) any term, Contract for Sale dated, or (ii) any mortgage vendor's lien or deed of trust filed for record prior to the date any Assessment became due and payable; and (C) All liens including, but not limited to, vendor's liens, deeds of trust and other security agreements which secure any loan made by any lender to a Member for any part of the purchase price of any Lot when the same are purchased from a builder, or for any part of the cost of constructing, repairing, adding to or remodeling any Improvements utilized for residential purposes. Notwithstanding the above, no lien shall be deemed or held superior to the lien hereby created unless the Master Association is made a party to any court proceeding to enforce any of the above listed liens. The Master Association shall have the power to subordinate the aforesaid assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination may be signed by an officer of the Master Association. To evidence the aforesaid assessment lien, the Master Association may prepare a written notice of assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a -19- r W17. 'r7b� VOL a..C,Q JPAIEcOb9 description of the Lot. Such notice shall be signed by one of the officers of the Master Association and shall be recorded in the office of the County Clerk of Williamson County, Texas. Such lien for payment of Assessment shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by either (i) the Master Association foreclosing against the defaulting Owner's Lot in like manner as a mortgage on real property subsequent to the recording of a notice of assessment lien as provided above, or (ii) the Master Association instituting suit against the Owner personally obligated to pay the Assessment and /or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorney's fees incurred by the Master Association. The Master Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request of any Mortgage, the Master Association shall report to such Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due. ARTICLE VIII EASEMENTS 8.1 Reserved Easements. All dedications, limitations, restrictions and reservations shown on a Plat and all grants and dedications of easements, rights -of -way, restrictions and related rights, made by Declarant prior to the Property becoming subject to this Master Declaration, are incorporated herein by reference and made a part of this Master Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes in and additions to the said easements and rights -of -way for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, rights -of -way and easements for public utility purposes (including, without limitation, gas, water, cable television, electricity, telephone and drainage), in favor of any person or entity, along and on either or both sides of any Lot line, which said easement shall have a maximum width of 5.0 feet on each side of such Lot line. 8.2 Installation and Maintenance. There is hereby created an easement upon, across, over and under all of the easement areas affecting the Property for ingress and egress in connection with installing, replacing, repairing and maintaining all utilities, including, but not limited to, water,. sewer, gas, cable, television, telephones, electricity and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service lines or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no sewer, electrical lines, water lines or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Review Committee. The Utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging -20- • VOL U' P AuE �c)O trees and shrubs located on portions of the Property abutting such easements. 8.3 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Review Committee thereon, require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Master Declaration and shown on the plat. There shall be no construction of Improvements, temporary or permanent in any drainage easement, except as approved in writing by the' Architectural Review Committee and the Director of Public Works for the City of Round Rock. 8.4 Surface Areas. Each Owner shall maintain the surface area of all easements located within his Lot and all improvements located therein except for such improvements for which a public authority or utility company is responsible. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns or flowers. However, neither the Declarant nor any supplier of any utility or service using any easement area shall be liable to any Owner or to the Master Association for any damage done by them or either of them or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation or repair of any facility in any such easement area. 8.5 Title to Easement and Appurtenances Not Conveyed. Title to any Lot conveyed by Declarant by contract, deed or other conveyance shall not be held or construed in any event to include the title to any roadways or Greenbelt or Amenity Area or any drainage, water, gas, sewer, storm sewer, electrical light, electrical power, telegraph or telephone way, or any pipes, lines, poles or conduits on or in any utility facility or appurtenances thereto, constructed by or under Declarant or its agents through, along or upon any Lot or any part thereof to serve said Lot or any other portion of the Property, and the right to maintain, repair, sell, or lease such appurtenances to any municipality or other governmental agency or to any public service corporation or to any other party is hereby expressly reserved in Declarant. 8.6 Greenbelt or Amenity Areas. Each Owner shall have an easement of use and enjoyment in and to all Greenbelt or Amenity Areas which shall be appurtenant to and shall pass with title to such Owner's Lot, subject to the following provisions: (A) The right of the Master Association to suspend the Owner's voting rights and right to use the Greenbelt or Amenity Areas for any period, during which any Assessment against such Owner's Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Master Association; The right of the Master Association to dedicate or transfer all or any part of the Greenbelt or Amenity Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be approved by a majority vote of the Members; (C) The right of the Master Association to borrow money for the purpose of improving the Greenbelt or Amenity Areas and, in furtherance thereof, to mortgage the Greenbelt or Amenity Areas, all in accordance with the Articles and Bylaws; (B) -21- �_ rer4,rD VOL,c:,.cavP PA�Eil (D) The right of the Master Association to make reasonable rules and regulations regarding the use of the Greenbelt or Amenity Areas and any facilities thereon; and (E) The right of the Master Association to contract for services with third parties on such terms as the Master Association may determine. ARTICLE IX MISCELLANEOUS 9.1 Term. This Master Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until June 1, 2012, unless amended as herein provided. After June 1, 2012, this Master Declaration, including all such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by the Owners of at lease three - fourths (3 /4ths) of the Lots within the Property then subject to this Master Declaration. 9.2 Nonliability of Board and Architectural Review Committee Members. Neither the Architectural Review Committee, nor any member thereof, nor the Board nor any member thereof, shall be liable to the Master Association or to any Owner or to any other person for any loss, damage or injury arising out of their being in any way connected with the performance of the Architectural Review Committee's or the Board's respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Review Committee or its members or the Board or its members, as the case may be. Neither the Architectural Review Committee nor the members thereof shall be liable to any Owner due to the construction of any Improvement within the Property. 9.3 Amendment. (A) By Declarant. This Master Declaration or any Supplemental Declaration may be amended by the Declarant acting alone until June 1, 2002, or until Declarant no longer holds a majority of the votes in the Master Association, whichever occurs last. No amendment by Declarant after June 1, 2002, shall be effective until there has been recorded in the Official Public Records of Williamson County, Texas, an instrument approved by the Planning and Zoning Commission for the City of Round Rock and executed and acknowledged by Declarant and setting forth the amendment, and an instrument executed and acknowledged by the President and Secretary of the Board certifying that the Declarant had the requisite number of votes. Notwithstanding the foregoing, Declarant may amend this Declaration at any time (i) to correct typographical and grammatical errors, and (ii) in order to comply with VA or FHA requirements for approval of the Property. (B) By Owners. In addition to the method in Section 9.3(A), after June 1, 2002, this Declaration may be amended by the recording in the Official Public Records of Williamson County, Texas an instrument approved by the Planning and Zoning Commission for the City of Round Rock and executed and acknowledged by the President and Secretary of the Master Association, setting forth the amendment and certifying that such -22- VOL 2132P110E3c52 amendment has been approved by Owners entitled to cast at least eighty percent (80 %) of the number of votes entitled to be case pursuant to Section 5.3 hereof. 9.4 Notices. Any notice permitted or required to be given by this Master Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Master Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Master Association. 9.5 Interpretation. The provisions of this Master Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the property and of promoting and effectuating the fundamental concepts of the Property set forth in this Master Declaration. This Master Declaration shall be construed and governed under the laws of the State of Texas. 9.6 Mergers and Consolidations. The Association may participate in mergers and consolidations with other non - profit corporations organized for the same purposes, provided that any such merger, consolidation or annexation shall have the consent (in writing or at a meeting duly called for such purpose) of those Members entitled to cast not less than two- thirds (2 /3rds) of the votes of the Association. 9.7 Exemption of Declarant. Notwithstanding any provision in this Master Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Review Committee. Without in any way limiting the generality of the preceding sentence, this Master Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct and alter drainage patterns and facilities to construct any and all other types of improvements anywhere within the Property, however, the construction of sales and leasing offices and the posting of signs advertising the sale and leasing of Lots by Declarant shall be limited to Lots owned by the Declarant. 9.8 Assignment by Declarant. Notwithstanding any provision in this Master Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Master Declaration to any other person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder. 9.9 Enforcement and Nonwaiver. (A) Right of Enforcement. Except as otherwise provided herein, any Owner at his own expense, Declarant, and /or the Board shall have the right to enforce all of the provisions of the Forest Creek Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. (B) Nonwaiver. The failure to enforce any provision of the Forest Creek Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said restrictions. -23- RW s3 VOL a:,,c1' P„ GEtl (C) Liens. The Master Association shall have the right, when appropriate in its judgement, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Master Declaration. 9.10 Construction. (A) Restrictions Severable. The provisions of the Forest Creek Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. (B) Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. (C) Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof. IN WITNESS WHEREOF, Declarant has ep�ggcuted this Master Declaration as of this the p day of , /Glr , 1992. FOREST CREEK PROPERTIES, LTD., a Texas limited partnership By: Sovereign Investments, Inc., a Texas corporation, its General Partn By: President THE STATE OF TEXAS § COUNTY OF ` S § �` This instrument was acknowledged before me on this the ,J� day of `c ley , 199 by 1 nY�rl . �oL,rnr∎ s President of Sovereign Investments, Inc., a Texas corporation, General Partner of Forest Creek Properties. Ltd., a Texas limited partnership, on behalf of said limited partnership. .g=`� CH!R! HENSON � * � NOTARY PUBLIC J' state of Texas 0 i ce ; Comm. Exp. 0318 -94 (ma > \- rfa Notary Public in and for the State of Texas -24- n VOL i?FaPnb:'�°-S Franklin Capital Corporation joins in the execution hereof for the limited purpose of acknowledging the references herein to the Development and the Franklin Property, but in no manner currently subjecting the Franklin Property to the scheme of this Declaration. THE STATE OF TEXAS COUNTY OF 7 § § FRANKLIN CAPITAL CORPORATION, a Texas Corporation By ItH: This instrument was acknowledged before� t me on this the 3 OY� da of (t( , 1992 by 7.3 S• �vOrn�CC+ Tl of Franklin apital Corporation, a Texas corporation, on behalf of said corpo 'i tion. 334oD920515BB.00 07/30/92.121000k FRAN C0675 -23000 Notary Public in and for the State of Texas -25- 1 3 PBbfNBn J EXHIBIT "A" Development VOL aru PA�E "="'T r� VOL st11CT S 59° 10' S 82° 42' N 84° 11' N 65° 03' S 53° 33' S 10° 14' 15" E a distance of 36" E a distance of 22" E a distance of 39" E a distance of 05" E a distance CIIALTER a ASSCCIATES, E(&VEY08S Stan Coeltsr, BPS. ISIS 11 -1 -11 EXHIBIT FIELD t TES PARCF7. 1 BEING a part of the E. W. Matthews Survey, Abstract No. 409, Williamson County, Texas, and being a part of (hat certain 582.35 acre tract of land described In a deed to the Den Franklin Corporation recorded in Volume 1020 at Page 812, Official Records, Williamson County, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at an iron rod set In the Interior of the above described 512.35 acre tract, from which the most northerly northeast corner of said tract bears N 10° 12' 00" E a distance of 2008.14 feet; THENCE traversing the interior of said 582.35 acre tract, the following described seventeen (17) courses and distances to iron rods set: 43" E a distance of 266.11 feet; 256.26 feet; 593,04 feet; 237.12 feet; 665.02 feet; of 365.82 feet; S 20° 33' 22" W ■ distance of 170.88 feet; S 59° 51' 31" W a distance of 115.00 feet; (9) N 68° 55' 55" W a distance of 397.09 feet; (10) N 50° 37' 50" W a distance of 252.24 feet; (11) N 66° 18' 31" W a distance of 621.29 feet; (12) N 70° 27' 48" W a distance of 164.47 feel; (13) S 61° 06' 59" W a distance of 190.66 feet; (14) N 56° 43' 30" W a distance of 153.10 feet; (15) N 36° 08' 31" W a distance of 220.42 feet; (16) N 25 06' 53" W s distance of 161.12 feet, end; (17) N 11° 35' 36" E a distance of 286.16 feet containing 25.2753 acres of land. to the Place of Beginning, OSALTEH o ASSOCIATES, SURVEYORS Stan Coalter. IPS, LSiS 11 -1 -91 FIELD NDTIS PARCl1. 2 nr- YOL goweir ��� P AI;E BEING a part of the John H. Randall Survey, Abstract No. 531, Williamson County, Texas, and being a part of that certain 582.35 acre tract of land described in a deed to the Den Franklin Corporation recorded In Volume 1020 at Page 512, Official Records, Williamson County, and being sore particularly described by Estes and bounds as follows, to wit: BEGINNING at an iron rod set in the Interior of the above described 582.35 acre tract, from which the sost northerly northeast corner thereof bears N 63° 22' 40" E a distance of 2903.79 feel; THENCE traversing the interior of said 582.35 acre tract, the following described seventeen (17) course' and distances to iron rods set; (1) S 15. 56' 43" W a distance of 135.00 feet; (2) S 32° 29' 26" W a distance of 154.35 feet; (3) s 10• SO' 05" 17 a distance of 425.59 feet; (4) 5 00° 47' 07" E a distance of 221.07 feet; (5) S 68° 36' 00" W a distance of 1177.19 feet; (6) N 71. 50' 18" W a distance of 120.23 feet; (7) N 49° 32' 18" W a distance of 198.82 feet; (8) N 22° 49' 00" W e distance of 90.58 feet; (9) 5 67° 11' 00" W a distance of 152.19 feet; (10) N 28° 27' 38" W a distance of 48.46 feet; (11) N 30° 21' 46" E a distance of 310.60 feet; (12) N 21° 00' 23" W a distance of 772.36 feet; (13) N 49° 18' 38" E a distance of 876.38 feet; (14) N 43° 37' 01" E s distance of $56.66 feel; (15) S 66° 18' 34" E a distance of 107.02 feet; (16) S 17. 41' 23" E a distance of 398.44 feet, and; (17) S 87• 22' 48" E a distance of 125.00 (set to the Place of Beginning, containing 53.3804 acres of land. VOL �, 52P„6E ^` � FIELD NOTES PARK], 3 BEING 224.3669 acres of land out of the E. W. Matthews Survey, Abstract No. 449. and the John H. Randall Survey, Abstract No. 521, Williamson County, Texas, and being a part of that certain 512.35 acre tract of land described In a deed to Ben Franklin Corporation recorded In Volume 1020 at Page 012, Official Records of Williamson County, and being more particularly described by metes and bounds as follows. t0 wit: DECINNINC at an iron rod found at the most easterly southeast comer of said 582.35 acre tract; THENCE N 09. 17' 44" W a distance of 2551.11 feet to an Iron rod found; THENCE S 00° 42' 54" W e distance of 1512.18 feet to an Iron rod found at the most southerly southeast corner of said 512.35 acre tract; THENCE with an existing (once along the most southerly line of said 512.35 acre tract, the following described four (4) courses and distances: (1) N 89° 14' 45" W a distance of 257.13 feet to an iron rod found; (2) N 89° 14' 28" W a distance of 306.15 feet to an Iron rod found; (3) N 19° 22' 56" W a distance of 560.75 feet to an Iron rod found, end; (4) S 17. 21' 11" W a distance of 112.68 feet to an iron rod found at the most southerly southwest corner of said 512.25 acre tract; THENCE N 01. 18' 28" E a dlatance of 471.23 feet to an iron rod found; THENCE with an existing fence, the following described five (5) courses and distances: (1) N 18° 57' 04" W a distance of 272.44 feet to an Iron rod found; (2) N 19° 01' 18" W a distance of 217.34 feet to an iron rod found; (3) N 11" 52' 51" W • distance of 215.71 feat to an iron rod found; (4) N 58° 45' 19" W a distance of 215.15 feet to an iron rod found, and; (5) N 111 54' 01" W a distance of 114.15 feet to an Iron rod found at the southeast corner of Lot 11, Block 8, Jackrabbit Subdivision, a subdivision of record filed In Cabinet E. Slide 213, Plat Records of Williamson County; THENCE N 00' 56' 29" E • distance of 395.22 Net to an Iron rod found and N 01° 00' 23" E a distance of 395.27 feet to an Iron rod found at the northeast corner of said Jackrabbit Subdivision; THEME N 11° 35' 25' W a distance of 1404.21 feet with the north line of said Jackrabbit Subdivision to an Iron rod found at the northwest corner thereof In the east line of County Road tb. 122, said Iron rod also being the southwest corner of said 512.39 acre tract; THENCE N 00• 45' 18' E a distance of 247.55 feet with the east line of County Road 122 to an Iron rod found; THENCE along and with the southerly and ly line of Oolf Road, the following described sixteen (36) courses and distances to iron rods found: (1) N 45. 45' 22" E a distance of 39.21 feet; (2) S 11. 14' 21" E a distance of 50.21 feet; (3) An arc distance of 111.11 fest with a curve to the left, said curve having central angle of 34° 14' 51 ", a radium of 450.00 feet, tangents of 131.64 feet, and a chord bearing and distance of N 73. 31' 17' E 264.19 feet; VUL ti, 2P,IGE (4) N 56' 30' 42" E a distance of 277.32 feet; (5) An arc distance of 432.14 feet with s curve to the right, sold curve having a central angle of 61' 53' S1 ", a radius of 400.00 feet, tangents of 239.17 feet, and a chord bearing and distance of N 17' 27' 40" E 411.43 feel: (6) S 61° 35' 23" E a distance of 214.54 feet; (7) M arc distance of 544.10 feel with • curve to the left, said curve having a central angle of 56° 40' 51 ", a radius of 550.00 feet, tangents of 296.65 feet and a chord bearing and distance of S 19' 55' 47' E 522.11 feet; (1) N 61' 43' 50" E a distance of 154.29 feet; (1) M arc distance of 316.51 feet with a curve to the right. sold curve having • central angle of 41 34' 51 ", a radius of 450.00 feet, tangents of 170.85 feet. and • chord bearing and distance of N 82" 31' 14" E 319.46 feet; (10) S 76' 41' 20" E a distance of 532.11 feet; (11) An are distance of 154.01 feet with a curve to the left, sold curve having a central angle of 107' 03' 49 ", a radius of 350.00 feet, tangents of 473.55 feet, and a chord bearing and distance of N 49° 46' 44" E 562.93 feet; (12) N 03° 45' 10" W a distance of 295.73 feet; (13) An arc distance of 312.29 feet with a curve to the right, said curve having • central angle of 27' 31' 30 ", a radius of 650.00 feet, tangents of 159.22 feet, and a chord bearing and distance of N 10' 00' 39" E 309.29 feel; (14) N 23' 46' 31" E a distance of 327.06 feet; (15) An arc distance of 700.42 feet with a curve to the left, said curve having a central angle of 13' 36' 25 ", a radius of 480.00 feet, tangents of 429.22 feet, and a chord bearing and distance of N 18' 01' 44" W 639.91 feet, and; (16) N 59' 49' 56" W a distance of 200.62 feet to an Iron rod set; THENCE traversing the Interior of said 512.35 acre tract, the following described thirty six (36) courses and distances to Iron rods set; (1) N 03' 16' 37" W a distance of 73.15 feet; (2) N 41' 49' 01" E a distance of 674.01 feet: (3) N 54° 45' 43" E a distance of 574.87 feet; (4) S 77' 26' 40" E a distance of 129,26 feet; (5) S 50' 33' 43" E a distance of 146.26 feet; (6) S 17' 12' 11' M a distance of 716.15 feet; (7) S 09' 17' 54 E • distance of 310.16 feet; (8) S 47" 40' 35" E a distance of 111.12 feet; (9) 8 01' 50' 47" E a distance of 132.27 feet; (10) S 31' 46' 33" E a distance of 477.11 feet; (11) S 06' 12' 44" E a distance of 115.I2 feet; (12) S 43' 36' 10" W a distance of 210.00 feet; (13) S 00' 00' 00' E a distance of 215.00 feet; (14) S 62' 54' 16" W a distance of 231.5I feet; (15) S 03' 13' 30" W a distance of 592.02 feet; VOL ;Gn.� °52pA E 340 (16) S 55° 02' 00" E s distance of 167.70 feet; (17) S 83° 58' 40" E a distance of 213.16 feet; (I8) N 35° 34' 39" E a distance of 665.09 feet; (19) N 14° 32' 49" E a distance of 529.23 feet; (20) N 51" 31' 35" E a distance of 59.27 feet; (21) S 73° 15' f0" E • distance of 97.58 feet; (22) S 19° 13' 05" E a distance of 113.57 feet; (23) S 79' 41' 42" E a distance of 479.02 feet; (24) S 73" 21' 35" E a distance of 861.06 feet; (25) 5 37° 21' 55" E a distance of 60.59 feet; (26) N 70° 46' 37" E a distance of 337.32 feet; (27) N 03° 27' 20" lY a distance of 133.67 feet; (28) N 67° 12' 02" E a distance of 209.34 feet; (29) N 06° 19' S0" E ■ distance of 195.32 feet; (30) N 63° 30' 59" W a distance of 192.50 feet; (31) N 12° 06' 57" E a distance of 428.54 feet; (32) N 41° 49' 46" W a distance of 249.69 feet; (33) N 71° 18' 25" W a distance of 702.03 feet; (34) S 87° 47' 91" W a distance of 910.67 feet; (35) N 73° 08' 37" W a distance of 491.70 feet, and; (36) N 00° 00' 00" E a distance of 165,00 feet to an iron rod set In the north line of said 582.35 acre tract, from which an iron rod set at the southeast corner of that certain 15.25 acre tract of land described In a deed to the City of Round Rock recorded In Volume 1153 at Page 855, Official Records, Williamson County, bears S 89° 17' 00" E a distance of 250.00 feet; THENCE S 99° 17' 00" E a distance of 2751.38 feet with the north line of said 582.35 acre tract to an iron rod found at the northeast earner thereof; TIONCE S 00° 52' 15" W s distance of 437.66 feet with the east line of said 982.35 acre tract to an iron rod found; THEME S 00° 49' 91" w ■ distance of 1132.42 feet with the east line of said 592.35 acre tract to the Place of Beginning, containing 224.3669 acres of land. CAME a ASSOCIATES, SURVEYORS xE Stan Coalter, IPS, LSLS 11 -1 -11 BEING 19.1830 acres of land out of the John B. Randall Survey, Abstract No. 531. Williamson County, Texas, and being a part of Chet certain 582.35 acre tract of land described In a deed to Ben Franklin Corporation recorded in Volune 1020 at Page 812, Official Records of Williamson County, and being more particularly described by metes and bounds as follows, to wit; BEGINNING at in iron rod set In the southerly line of Golf Road, from which the most northerly northeast corner of said 582.35 acre tract bears N 55° 29' 40" E distance of 2490.14 feet; THENCE along and with the westerly Ilne of Golf Road the following descrlbed seven (7) courses and distances to Iron rods found; (1) S 59° 49' 56" E a distance of 160.99 feet; (2) M arc dietaries of 612.17 feet with a curve to the right, said curve having a central angle of 13 °16' 25 ", a radius of 420.00 feet, tangents of 375.57 feet, and chord bearing and distance of S 18° 01' 44" E 559.93 feet; (3) 5 23° 46' 31" W ■ distance of 327.06 feet; (4) An arc distance of 341.12 feet with a curve to the left, said curve having a central angle of 27° 31' 39 ", a radius of 710.00 feet. tangents of 173.92 feet, and a chord bearing and distance of S 10° 00' 39" lY 337.94 feet; (5) S 03° 45' 10" E a distance of 295.73 feet; (6) M arc distance of 541.90 feet with a curve to the right, said curve having a central angle of 107° 03' 49 ", a radius of 290.00 feet, tangents of 392.37 feet. and a chord bearing Ind distance of 5 49° 46' 44" tT 466.43 feet, and; (7) N 70° 15' 53" IT a distance of 358.73 feet to an iron rod set; THENCE traversing the interior of sold 582.35 acre tract, the following described eight (8) courses and distances to iron rods set; (1) N 19° 44' 27" E s distance of 48.14 feet; (2) N 62° 39' 48" E a distance of 132.13 feet; (3) N 45° 35' 55" E a distance of 328,92 feet; (4) N 00° 00' 00" E a distance of 161.86 feet; (5) N 18° 21' 32" W a distance of 548.24 feet; (6) N 10' 27' 36" E a distance of 400.32 feet; (7) N 65° 02' 25° E a distance of 323.33 feet, and; (1) N 03' 16' 42" 1T a distance of 172.03 feet to the Place of Beginning, containing 19.1136 acres of land. COU.'IDt a ASSOCI.A1ES. SURVEYORS Stan Coaster, ttPS, ISIS 11 -1 -91 FIELD NOTES PMCII, 4 VOL 'y () PAG E 342 BEING 11.7188 acres of land out of the John H. Randall Survey, Abstract No. 531, Williamson County, Texas, and being a part of that certain 582.35 acre tract of land described In a deed to the Ben Franklin Corporation recorded In Volume 1020 at Page 912, Official Records, Williamson County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at an iron rod set In the north line of Golf Road, tram which the most northerly northeast corner of said 512.35 acre tract bears N 41° 40' 30" E a dlatance of 4126.11 feet; THENCE along and with the north line of said Oolf Road, the following described six (6) courses and distances to iron rods found; (1) N 70" 15' 53" W a distance of 30.61 feet; (2) An arc distance of 413.66 feet with a curve to the left, said curve having s central angle of 41. 34' 51 ", a radius of 570.00 feet, tangents of 216.41 feet, and a chord bearing end distance of S 82° 31' 14" W 404.64 feet; (3) S 61. 43' 50" W ■ distance of 154.29 feet; (4) An arc distance of 425.31 feet with a curve to the right, aald curve having a central angle of 56. 40' 51" a radius of 430.00 feet, tangent. of 231.92 feet, and a chord bearing and distance of N 89° 55' 47" W 408.25 feet; (5) N 61° 35' 23" W a distance of 214.54 feet, and; (6) An arc dlatance of 43.78 feet with a curve to the left, said curve having a central angle of 4° 49' 27 ", a radius of 520.00 feet, tangents of 21.90 fret, and a chord bearing and distance of N 04° 00' 04" W 43.77 feet, to an iron rod set; THENCE traversing the Interior of said 582.35 acre tract, the following described eight (8) courses and distance. to Iron rods set: (1) N 28° 48' 59" E a distance of 293.23 feet; (2) N 46° 47' 24" E a distance of 85.12 feet; (3) N 64. 17' 29" E a distance of 95.14 feet; (4) N 81° 47' 34" E a distance of 475.50 feet; (5) N 90° 00' 00" E a distance of 260.00 feet; (6) S 41. 14' 23" S a distance of 197.81 feet; (7) S 19. 13' 50• E s distance of 227.71 feet, and; (8) S 19° 44' 10° W s distance of 96.36 feet to the Place of Beginning, eont :fining 11.7118 acres of land. C ALTER )ASSOCIATES, SURVEYORS Stan Coalter, IPS, LSLS 11 -1 -91 PIEIL tons PARCELS FIELD NOTES PARCEL 6 VOL;C. 52P,1i E 3`33 BEING 52.1664 scree of land out of the E. W. Ltetthews Survey, Abstract No. 449. and the John H. Randall Survey, Abstract No. 621. Williamson County, Texas, and being s part of that certain 582.35 acre tract of land described in a deed to the Ben Franklin Corporation recorded in Volume 1090 at Page 612. Official Records, h'Illianwon County. Te:.as, and being wore particularly described by metes and bounds as follows, to wit: BEGINNING it an Iron rod found at the northwest corner of said 582.35 acre tract in the east line of County Road 122; THENCE along and with an existing fence and the north line of said 502.35 acre tract, the following described flue (5) courses and distances to Iron rods found: (1) S 89° 31' 40" E a distance of 925.02 feet; (2) S 99" 02' 53" E a distance of 1019.43 feet; (3) S 89 12' 49" E a dlatance of 1021.47 feet; (4) 5 18" 47' 32" E a distance of 599.31 feet, and; (5) S 89° 53' 40" E a distance of 259.23 feet; THENCE along and with the northerly and westerly line of Golf Road, the following described ten (10) course■ and distances to iron rods frond; (1) An arc distance of 125.01 feet with a curve to the right, said curve having a central angle of 42 07' 52 ", a radius of 170.00 feet, tangents of 65.49 feet, and a chord bearing and distance of S 77 01' 33" W 122.21 feet; (2) N 81° 54' 31" 1Y a distance of 64.27 feet; (3) An arc distance of 145.95 feet with a curve to the left. said curve having a central angle of 6° 59' 52 ", a radius of 1194.99 feet, tangents of 73.06 feet, and a chord bearing and distance of N 95° 24' 27" 19 145.86 feet; (4) N 66° 54' 23" W a distance of 540,73 feet; (5) An arc distance of 355.92 feet with a curve to the left, maid curve having ■ central angle of 32" 59' 47 ", ■ radius of 618.02 feet, tangents of 113.05 feet, and a chord bearing and distance of S 74° 35' 44" W 351.02 feet; (6) 5 58" 05' 50" W 392.61 feet; (7) An arc distance of 226.46 feet with a curve to the left. Bald curve having central angle of 31" 12' 40 ", a radius of 415.73 feet, tangents of 116.12 feet, and a chord bearing and distance of S 42° 29' 29" M 223.67 feet; (8) An arc distance of 224.29 feet with a curve to the left, meld curve having a central angle of 38 56' 33 ", a radius of 330.00 feet, tangents of 116.67 feet, and a chord bearing and distance of S 7" 24' 52" W 220.00 feet; (9) 8 12° 03' 32" E a distance of 135.00 feet. and; (10) An are distance of 240.80 feet with • curve to the left, said curve having a central angle of 25" 30' 07 ", a radius of 541.03 feet, tangents of 122.43 feet, and a chord bearing and distance of S 24 48' 28" E 238.82 feet, to an iron rod set; VOL 2252m HENCE traversing the Interior of said 582.35 acre tract, the following described twenty -five (25) courses and distances to iron rods set: (1) S 36° 09' 31" W a distance of 26.21 feet; (2) N 54. 28' 33" W a distance of 475.71 feet; (3) N 19° 39' 22" W a distance of 420.78 feet; (4) N 64° 17' 36" W a distance of 174.01 feet; (5) N 07. 51' 10" E a distance of 81.81 feet; (6) N 25. 08' 10" W a distance of 79.27 feet; (7) N 61 23' 10" W a distance of 75.22 feet; (8) N 75° 38' 46" W a distance of 75.38 feet; (9) S 19° 49' 52" W a distance of 228.02 feet; (10) S 05. 41' 35" E a distance of 286.74 feet; (11) S 52° 16' 52" W a distance of 494.26 feet; (12) S 46" 31' 54" W a distance of 437.22 feet; (13) S 52° 48' 39" a distance of 177.48 feet; (14) S 25° 15' 48" W a distance of 96.35 feet; (15) S 73° 36' 11" W a distance of 200.60 feet; (16) S 08° 41' 22" W a distance of 117.28 feet; (17) S 27° 19' 05" E a distance of 115.46 feet; (18) N 75° 00' 00" E a distance of 20.00 feet; (19) S 18° 49' 17" E a distance of 132.25 feet; (20) S 09° 10' 50" E a distance of 626.69 feet; (21) S 30° 05' 17" W a distance of 269.28 feet; (22) S 01. 09' 0D" W a distance of 224.77 feet; (23) S 61. 28' 37" E a distance of 471.77 feet; (24) S $7. 01' 21" E a distance of 191.67 feet, and; (25) S 08. 31' 04" E a distance of 103.05 feet to an Iron rod set In the north line of Golf Road; THENCE along and with the north line of Calf Road, the following described five (5) courses and distances to Iron rods found: (1) An arc distance of 001.00 het with a curve to the heft, said curve having e central angle of 33. 06' 12 ", a radius of 520.00 feet, tangents of 158.67 feet, and a chord bearing and distance of S 73. 21' 48" w 303.52 feat; (2) S 56° 30' 42" W a distance of 277.32 feet; VOL 2252p,[ (3) An arc distance of 197.25 feet with a curve to the right. said curv' having a central angle of 34° 14' 51, a radius of 330.00 feet, tangents of 101.67 feet. and a chord bearing and distance of S 73° 38' 07" W 194.33 feet; (4) N 19° 14' 28" W a distance of 50.30 feet, and; (5) N 44° 14' 35" W a distance of 28.29 feet to an Iron rod found In the east line of County Road No. 122. from which an Iron rod found at the southwest corner of said 582.35 acre tract bears S 00° 45' 11" W a distance of 407.55 feet; THENCE with the west line of sold 592.35 tors tract and the east line of County Road 122, the following described five (5) courses and distances; (1) N 00° 45' 18" E a distance of 1036.09 feet; (2) N 00" 37' 51" E a distance of 1923.74 feet; (3) N 77° 02' 23" E a distance of 40.53 feet; (4) N,06° 37' 15" W e distance of 259.21 feet. and; (5) N 01° 08' 47" E a distance of 255.06 feet to the Place of Beginning, containing 52.1884 acres of land. COALTFR t ASSOCIATES, SURVEYORS /7 Stan Uglier, RPS, LSLS 11 -1 -91 >',� 346 VOLti+�u NNE FIELD =ES PARCEL 7 BEING 10.4120 acres of land out of the John H. Randall Survey, Abstract No. 531, Williamson County, Tens, and being a part of that certain 582.35 acre tract of land desrlbed in a deed to the Den Franklin Corporation recorded in Volume 1020 st Page 812, Official Records, Williamson County, Tens, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at an iron rod set In the south line of Golf Road, from which the most northerly northeast corner of said 502.35 acre tract bears N 81• 37' 01" E a distance of 1642.51 feet; T10NLE traversing the Intorlor of said 512.35 acre tract, the following desrlbed eight (8) courses and distances to iron rods set: (1) S 24• 26' 38" W a distance of 226.81 feet; (2) S 58° 08' 42" W a distance of 351.95 feet; (3) S 79' 39' 30" W a distance of 231.81 feet; (4) S 61 45' 31" W a distance of 111.23 feet; (5) S 32. 12' 39" W a distance of 118.19 feet; (6) S 00. 39' 17" W a distance of 175.01 feet; (7) S 07. 40' 14" E a distance of 299.61 feet, and; (8) S 30° 10' 04" W a distance of 42.96 feet to an Iron rod set in the north line of Golf Road; THENCE along and with the northerly, easterly and southerly line of Oo1f Road, the following described eight (8) courses and distances to iron rods found: (1) N 59° 49' 56" W a distance of 89.17 feet; (2) An arc dlatance of 401.10 feet with ■ curve to the right, said curve having a central angle of 47• 46' 32 ", a radius of 481.03 feet, tangents of 213.04 feet, and a chord bearing and distance of N 35. 56' 41" W 389.91 (set; (3) N 12 03' 32" W a distance of 135.00 feet; (4) An arc distance of 183.51 feet with a curve to the right, said curve having a central angle of 38° 56' 33 ", a radius of 270.00 feet, tangents of 95.46 feet, and a chord bearing and distance of N 7. 26' 52" E 110.00 feet; (5) An arc distance of 113.71 feet with a curve to the right, said curve laving a central angle of 31" 12' 40 ", a radius of 355.73 feet, tangents of 51.30 feet, and a chord bearing and distance of N 62" 20' 29" E 191.31 feet; (6) N 08. 05' 50" E a distance of 392.11 feet; (7) An are distance of 321.36 feet with a curve to the right, said ouna having a central angle of 32" S1' 47", $ radius of 550.02 feet, tangents of 165.27 feet, and a chord bearing and distance of N 76. 35' 44" E 310.94 feat; (5) 8 58" 56' 23" E a distance of 304.19 feet to the Place of Beginning. containing 10.6120 acres of land. C OAL s ASSOC ATES, SURVEYORS ' «dr� Stan Coalter, IPS, LSLS 11 -1 -91 EXHIBIT "B" Property VOL 22ci2 -N6E3' 7 ti METES AND BOUNDS DESCRIPTION BEING ALL THAT CERTAIN 20.302 ACRES OF LAND OUT OF AND A PART OF THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN 39.98 ACRE TRACT OF LAND DESCRIBED IN A DEED TO FOREST CREEK PROPERTIES, LTD., OF RECORD IN VOLUME 2167 PAGE 945 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DEED RECORDS SAID TRACT BEING 20.302 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found at the most southerly line of the said FOREST CREEK PROPERTIES tract for the most northeasterly corner of the herein described tract, from which point of beginning the most northeasterly corner of said FOREST CREEK PROPERTIES tract bears N68 ° 36'00 "E 257.03 feet'; THENCE with the southerly line of said FOREST CREEK PROPERTIES tract the following five (5) courses and distances as enumerated below: 1) S68 "W 920.00 feet to an iron pin found, 2) N71 "W 120.16 feet to an iron pin found, 3) N49 "W 198.81 feet to an iron pin found, 4)•N22'49 "W 90.47 feet to an iron pin found, 5) 567'12'43 "W 152.21 feet to an iron pin found for the most southwesterly corner of the said FOREST CREEK PROPERTIES tract being the most southwesterly corner of the herein described tract; THENCE with the westerly line of said FOREST CREEK PROPERTIES tract for the most westerly line of the herein described tract the following four (4) courses and distances as enumerated below: 1) N28'17'20 "W 48.58 feet to an iron pin found, 2) N30'20'35 "E 310.56 feet to an iron pin found, 3) N21'00'24 "W 400.49 feet to an iron pin set, 4) leaving the westerly line of said FOREST CREEK PROPERTIES tract curve to the right having a radius of 346.07 feet and an arc distance of 88.19 feet whose chord bears N13'42'24 "W 87.95 feet to an iron pin set for the most northwesterly corner of the herein described tract; THENCE crossing said FOREST CREEK PROPERTIES tract for the northerly line of the herein described tract the following sixteen (16) courses and distances as enumerated below: 1) N80'30'00 "E 161.60 feet to an iron pin set for an angle point, 2) NO2'30'00 "E 50.00 feet to an iron pin set for an angle point, 3) N34 "E 110.00 feet to an iron pin set for an angle point, 4) N49 "E 130.00 feet to an iron pin set for an angle point, 5) S46 "E 400.00 feet to an iron pin set for an angle point, 6) 528 35.00 feet to an iron pin set for an angle point, 7) 561 135.00 feet to an iron pin set for an angle point, 8) N28 "E 40.00 feet to an iron pin set for an angle point, 9) 561'30'00 "E 185.00 feet to an iron pin set for an angle point, 10) N28 "E 30.19 feet to an iron pin set for an angle point 11) 560 343.87 feet to an iron pin set for an angle point, 12) N68 "E 15.00 feet to an iron pin set for an angle point, 13) S21 "5 120.00 feet to an iron pin set for an angle point, 14) N68'36'00 "E 12.00 feet to an iron pin set for an angle point, 15) S21 "E 50.00 feet to an iron pin set for an angle point, 16) 531'24 122.50 feet to the PLACE OF BEGINNING containing 20.302 acres of land. VOL,GaecJ2PA6[348 STATE OF TEXAS COUNTYOFVALLIAMSOt1 I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by Inc on FEB 2 COUNTY CLERIC, WILLIAMSON COUNTY, TEXAS FOREST CREEK PHASE 1, SECTION 1 SUPPLEMENTAL DECLARATION TO FOREST CREEK MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHEREAS, FOREST CREEK PROPERTIES, partnership, is the owner of that certain as FOREST CREEK, PHASE 1, SECTION 1, a the County of Williamson, State of Texas, plat thereof recorded in Cabinet Records of Williamson County, Texas (the cl VOL 2 2ti2P;,OELD' I9 4186 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § LTD., a Texas limited real property described subdivision situated in according to the map or Slides /S0 .4S1 , Plat "Property "); and WHEREAS, the Property is subject to the Forest Creek Master Declaration of Covenants, Conditions and Restrictions of record in Volume,2,75;1., Pages 310 , of the Official Public Records of Williamson County, Texas, which Declaration provides in Section 1.28 that property subject to the Declaration may be subjected to further covenants, conditions and restrictions: NOW THEREFORE, it is hereby declared that (i) the Property shall be held, sold, conveyed and occupied subject to the following restrictions, which are for the purposes of protecting the value and desirability of, and which shall run with, the Property and shall be binding on all properties having any right, title and interest to the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof; and (ii) each contract or deed which may hereafter be executed with regard to the Property or any part thereof shall conclusively be held to have been executed, delivered and accepted subject to the following restrictions regardless of whether or not the same are set out or referred to in said contract or deed. 1. General Restrictions. All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions. 1.1 Masonry Requirements. All residences, whether located on interior or corner lots, shall have a minimum of 75% of the exterior walls of stone or masonry construction. In computing said percentage, (a) all areas above gables or roof projections, and all window and door openings, shall be excluded from the total area of the exterior walls, (b) stone and masonry used on fireplaces, chimneys, and walls of attached garages may be included in the computation as stone or masonry used, and (c) masonry requirements for detached garages shall be computed separately from the residence and shall not include those exterior walls not wholly visible from the street(s) due to their placement behind privacy fencing approved by the Architectural Review Committee. 1.2 Minimum Square Footage Within Improvements. The living area of the main residential structure located on any lot (as that term is defined in the Declaration) exclusive of open porches and parking facilities shall not be less than 1,800 square feet for a single -story structure and not less than 2,000 square feet for a two -story structure. 1.3 Roofing Materials. Roofing materials used on residential structures must' be (a) wood shingles, (b) asphalt or composition rated at least 240 pounds per square, or (c) any materials approved in writing by the Architectural Review Committee, provided that the Architectural Review Committee will only approve roofing materials which are of high grade and OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS VOL 1:JAI•t i(... x: 3 5 j quality and which are consistent with the exterior design, color and appearance of other improvements within the Property. 1.4 Fences Adjacent to Golf Courses. All fences constructed along the boundary of the Golf Course shall be constructed in accordance with the following criteria: (a) Design. All fences along the boundary of the Golf Course shall be constructed of (1) wrought iron with limestone columns not to exceed 6.5 feet in height, or (2) such other material of equal or greater quality approved in writing by the Architectural Control Committee and the Director of Planning for the City of Round Rock. (b) maintenance. It shall be unlawful to maintain a fence in such a manner as to allow: (1) any portion of a fence to lean so that the fence's axis is more than five degrees (5 °) out of perpendicular alignment with its base; (2) missing, loose or damaged stone or wood rails in the fence; and fence. (3) symbols, writings, and other graffiti on the Fence maintenance shall be the responsibility of the property owner and all damages shall be repaired within thirty (30) days written notification by the Architectural Control Committee or the City of Round Rock. 1.5 Antennae. No exterior radio or television antenna or aerial or satellite dish receiver, or other devices designed to receive telecommunication signals, including, but not limited to, radio, television, or microwave signals which are intended for cable television, network television reception, or entertainment purposes shall be erected or maintained, except by Declarant, without the prior written approval of the Architectural Review Committee. 1.6 Vehicle Parking. To the extent reasonably practical, the property owner shall restrict, limit or prohibit the use of any driveway or parking area which may be in front of, adjacent to or visible from any part of the Golf Course as a parking place for commercial vehicles, trailers, recreational vehicles, self - propelled motor homes, motorcycles and boats; provided, that, to the extent the requirements set forth in the immediately preceding portion of this sentence cannot be accomplished in a reasonably practical manner, said driveways or parking' areas shall be screened in a manner reasonably satisfactory to the Architectural Review Committee and the City of Round Rock Planning Director. Overnight parking of automobiles, trucks or commercial vehicles or storage of trucks or commercial vehicles in excess of three - quarter ton rated capacity on any portion of the land in front of or adjacent to and visible from the Golf Course, except in enclosed buildings, is prohibited. No unregistered or inoperable motor vehicle or trailer of any kind may be disassembled, serviced, repaired or stored on the land, except in an enclosed building. No on- street vehicle parking of any type shall be allowed at any time along Saint Andrews Drive. 1.7 Improvements. No improvements shall be placed or installed as to be visible from the street or from the Golf Course, without prior approval of the Architectural Review Committee. -2- VOL z OEtki (a) Swimming Pools, Tennis Courts and Sport Courts. Any swimming pool, tennis court or sport court, and the screening or fencing of such, to be constructed on the land adjacent to and visible from the Golf Course shall be subject to the approval and requirements of the Architectural Review Committee and the City of Round Rock, which shall include, but which shall not be limited to the following: (1) above ground swimming pools shall not be allowed and, (2) the materials, design and construction thereof shall meet standards generally accepted by the industry and shall comply with regulations of all applicable governmental agencies, and shall meet all fence and setback criteria established by this agreement and city ordinances. (b) Accessory Buildings. Accessory buildings shall not be permitted in any yard area which abuts the Golf Course. (c) Lot Dedication. Lot 17A, Block D, Forest Creek Subdivision, Phase 1, Section 1, shall be dedicated to the Forest Creek Homeowners Association. Improvements on this Lot shall be limited to neighborhood mailbox clusters. 1.8 Landscaping. All landscape improvements visible from the street or Golf Course are subject to review by the Architectural Review Committee prior to installation. In any event grass seeding, sprigging or hydromulching shall be prohibited in areas visible from the street. Grassed areas shall be established by grass sod installed for immediate and full coverage in areas visible from the street. 1.9 Hold Harmless Agreement. It is acknowledged and agreed that, from time to time, golf balls may be hit which leave the boundaries of the Golf Course and stray onto the Lots immediately adjacent to the Golf Course ( "Golf Course Lots ") and which cause a potential danger and hazard to the owners of the Golf Course Lots, their families, tenants, guests and employees, and to personal property situated on the Golf Course Lots. Each owner of any of the Golf Course Lots shall and does hereby, on behalf of such owner, his heirs, legal representatives, successors, and assigns, release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Forest Creek Properties, Ltd., and the Master Association and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto such owner's Golf Course Lots. This release shall be a condition of the purchase or sale of each of the Golf Course Lots, and shall constitute a covenant running with the land comprising the Golf Course Lots, which shall be binding upon the owners of the Golf Course Lots, their heirs, successors and assigns, and shall inure to the benefit of the City of Round Rock, Forest Creek Golf Club, Forest Creek Properties, Ltd., and the Master Association and their respective successors and assigns." 2. Ratification. The Declaration is hereby ratified and confirmed as to the Property except as it may be inconsistent herewith, in which case this Supplemental Declaration will control. All capitalized terms not otherwise defined herein shall have the meaning specified in the Declaration. FOREST CREEK PROPERTIES, LTD., a Texas limited partnership By: Sovereign Investments, Inc., a Texas corporation, its General Partne Bv: ed G. -3- 'dent THE STATE OF TEXAS § COUNTY OF TIetaV I S This instrument was acknowledged before me on this the 4th day of August, 1992 by Fred G. Eppright, Vice President of Sovereign Investments, Inc., a Texas corporation, General Partner of Forest Creek Properties, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas 334,D920515AA.00 09/04/92.9:45.ck FRAN C0675 -23000 VOL 352 CHERI HENSON eingfigItioftggie State of Texas Comm. Exp. (»18.94 Printed Name of Notary Public STATE OF TEXAS COUNTY OF WILLIAMSON hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on COUNTY CLERK WILLIAMSON COUNTY, TEXAS —4— THE STATE OF TEXAS COUNTY OF WILLIAMSON DOC# 9744540 FOREST CREEK, SECTION 6A SUPPLEMENTAL DECLARATION TO FOREST CREEK II MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS } } } 1 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, KPKM II VENTURES, LTD., a Texas limited partnership, is the owner of that certain real property described as FOREST CREEK, PHASE 6A, SECTION _, a subdivision situated in the County of Williamson, State of Texas, according to the map or plat thereof recorded in Cabinet o Slides 369 , Plat Records of Williamson County, Texas (the "Property"); and WHEREAS, the Property is subject to the Forest Creek IjMaster Declaration of Covenants, Conditions and Restrictions of record in itelttete°o""."."Vagvg °'aR44 53q of the Official Public Records of Williamson County, Texas, which Declaration provides in Section 2.1 that property subject to the Declaration may be subjected to further covenants, conditions and restrictions: NOW THEREFORE, it is hereby declared that (i) the Property shall be held, sold, conveyed and occupied subject to the following restrictions, which are for the purposes of protecting the value and desirability of, and which shall run with, the Property and shall be binding on all parties having any right, title and interest to the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof; and (ii) each contract or deed which may hereafter be executed with regard to the Property or any part thereof shall conclusively be held to have been executed, delivered and accepted subject to the following restrictions regardless of whether or not the same are set out or referred to in said contract or deed. USE RESTRICTIONS General Restrictions: All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions. 1.1 Type of Buildings Permitted. Except as expressly provided for herein, all Lots (exclusive of the Amenities Area designated on the Plat) shall be used for residential purposes only and no building shall be erected, altered, placed or permitted to remain on any Lot other than one detached single family dwelling not to exceed two and one -half stories in height and a private garage for not more than four (4) automobiles; all garages shall be attached to the house unless otherwise approved in writing by the Architectural Control Committee and shall be either side entry or rear entry. No carports shall be allowed, however, porte cocheres shall be permitted. No secondary outbuilding or detached building shall be permitted unless same is 100% masonry and of the same OFFICIAL RECORDS NALLWLSON COUNT( TEXAS Oforms/real /fcreek6A.ccr design as the primary dwelling and has been approved in writing by the Architectural Control Committee. 1.2 Jvlinimum Floor Area and Exterior Walls Any residence constructed on Lots 1 - 10, Block A shall have not Tess than three thousand (3000) square feet of living area exclusive of open or screened porches, terraces, patios, driveways, porte cocheres and garages. Any residence constructed on Lots 1 -8, Block B, and Lots 1 -16, Block C shall have not less than three thousand five hundred (3500) square feet of living area exclusive of open or screened porches, terraces, patios, driveways, porte cocheres and garages. The exterior walls of any residence shall consist of not less than one hundred percent (100 %) masonry construction (defined as brick, stone or stucco). The Architectural Control Committee reserves the right to grant a variance to such square footage and/or masonry requirement on a case by case basis should the style or type of architecture of a particular plan not be appropriate or compatible with such requirements. 1.3 Other Construction Requirements. In addition to any other requirement as herein specified all lots in this subdivision, except for Amenities and Common Areas, and any improvements situated on said areas shall be subject to the following, to -wit: (a) All driveways and sidewalks shall be masonry or concrete, and no asphalt or gravel driveways shall be permitted. All City sidewalks and that portion of the driveways from the street to the front property line (The Approach) shall be gray, light - broomed finish concrete. The Approach must be banded at the property line with one soldier course of brick matching the home. (b) All houses shall be completed in accordance with the plans and specifications as submitted to and approved in writing by the Architectural Control Committee, including cleanup and landscaping within one (1) year from the date the slab is poured. (c) Prior to thirty (30) days before closing the Builder /Homeowner shall submit landscape plans to the Architectural Control Committee for written approval. (d) Within thirty (30) days of final city approval of a house, the front yard shall be sodded with grass and landscaped in accordance with the landscape plans approved by the Architectural Control Committee. On all lots, that area between the front property pins and curb shall be sodded with grass. For that area that makes up the balance of the front yard (excluding flatwork and driveway) no more than fifty percent (50 %) shall be in inorganic ground cover material (such as rock, mulch, etc.). It is agreed and understood that each lot shall have at least four (4) three inch (3 ") diameter trees in the front yard of each residence. The Owner shall be required to plant the four (4) trees in the event the lot does not contain same. (e) Upon or prior to the completion of a house, a sprinkler system shall be installed capable of watering that portion of the lot from the front of the house to the street and from side lot line to side lot line. Such sprinkler system shall be installed in accordance with all state or local laws or ordinances. Oforms/reallfcreek6A.ccr 2 (f) All houses or outbuildings constructed in this subdivision shall have a non - reflective, fire retardant roof with a minimum twenty-two (22) year estimated life. It is expressly agreed and understood that a concrete or ceramic tile, "Timberline ", or colored standing seam metal roof is hereby permitted as well as such other types of roofs as shall be approved in writing by the Architectural Control Committee from time to time. No wood shingle roofs shall be permitted unless the same have been treated to be fire retardant and have received written approval of the Architectural Control Committee. (g) Each house shall be required to have "natural gas" hot water heater(s) and "natural gas" central heating system(s) and shall otherwise be piped for gas dryer, gas cooking and gas grill. (h) The exterior walls of all fireplace chimneys shall. be not less than one hundred percent (100 %) masonry or stucco and no wood or wood siding shall be permitted. 1.4 Setbacks No building shall be located on any Lot nearer to the front lot line than thirty -five feet (35') . There shall be no building constructed on any Lot nearer than twenty -five feet (25') from the rear property line. No building shall be constructed closer than twenty -five feet (25) from the side lot line nearest the driveway and five feet (5') from the other side lot line. For Lot 3, Block B, Lot 4, Block C and Lot 8, Block B the front setback shall be thirty -five feet (35') and the side yard setback shall be twenty -five feet (25') For Lots 1 -3, 7 -9, Block A, Lots 1 -2, Block B and Lots 4 -16, Block C, the driveway shall be on the right hand side of the Lot. For Lots 4 -6, Block A, Lots 4 -8, Block B and Lots 1 -3, Block C, the driveway shall be on the left hand side of the Lot. On Lot 3, Block B, the driveway can be in the rear of the Lot. Lot 10, Block A is undetermined. No garage shall face any street without Architectural Control Committee approval. Driveway location will be determined by standing in the street and facing the Lot. For purposes of' this covenant, eaves, open steps and open porches shall not be considered as a part of the building ; provided, however, that this shall not be construed as to permit any portion of the building on any Lot to encroach upon another Lot. The Architectural Control Committee shall have the right to grant variances to the foregoing on a case by case basis due to the location of trees on a Lot, the shape or terrain of a Lot or on such basis as it shall deem reasonably necessary. In extreme circumstances only will variances be granted for the location of driveways. If two or more Lots, or fractions thereof, are consolidated into a building site in conformity with provisions of Paragraph 1.5, these building setback provisions shall be applied to such resultant building site as if it were one original, platted Lot. 1.5 Antennae. No exterior radio or television antenna or aerial or satellite dish receiver, or other devices designed to receive telecommunication signals, including, but not limited to, radio, television, or microwave signals which are intended for cable television, network television reception, or entertainment purposes shall be erected or maintained , except by Declarant, without the prior written approval of the Architectural Review Committee. 1.6 Vehicle Parking To the extent reasonably practical, the property owner shall restrict, limit or prohibit the use of any driveway or parking area which may be in front of adjacent to, or visible from any part of the Golf Course as a parking place for commercial vehicles, trailers, Ojarma/reaIYfcreek6A.ccr 3 recreational vehicles, self - propelled motor homes, motorcycles, and boats; provided, that to the extent the requirements set forth in the immediately preceding portion of this sentence cannot be accomplished in a reasonably practical manner, said driveways or parking areas shall be screened in a manner reasonably satisfactory to the Architectural Review Committee and the City of Round Rock Planning Director Overnight parking of automobiles, trucks or commercial vehicles or storage of trucks or commercial vehicles in excess of three- quarter ton rated capacity on any portion of the land in front of or adjacent to and visible from the Golf Course, except in enclosed buildings, is prohibited. No unregistered or inoperable motor vehicle or trailer of any kind may be disassembled, serviced, repaired or stored on the land, except in an enclosed building. No on- street vehicle parking of any type shall be allowed at any time along Bobby Jones Way. 1.7 Improvements, No improvements shall be placed or installed as to be visible from the street or from the Golf Course, without prior approval of the Architectural Review Committee. (a) Swimming Pools, Tennis Courts and Sport Courts: Any swimming pool, tennis court or sport court, and the screening or fencing of such, to be constructed on the land adjacent to and visible from the Golf Course shall be subject to the approval and requirements of the Architectural Review Committee and the City of Round Rock, which shall include, but which shall not be limited to the following: (1) above ground swimming pools shall not be allowed and, (2) the materials, design and construction thereof shall meet standards generally accepted by the industry and shall comply with regulations of all applicable governmental agencies, and shall meet all fence and setback criteria established by this agreement and city ordinances. (b) Accessory Building: Accessory buildings shall not be permitted in any yard area which abuts the Golf Course without strict approval of the Architectural Review Committee. 1.8 Landscaping. All landscape improvements visible from the street or Golf Course are subject to review by the Architectural Review Committee prior to installation. In any event, grass seeding, sprigging or hydromulching shall be prohibited in areas visible from the street. Grassed areas shall be established by grass sod installed for immediate and full coverage in areas visible from the street. 1.9 F nces. (a) All fences, if any, with the exception of fences adjacent to the Golf Course, shall be six (6') feet in height and made of redwood, masonry, cedar or wrought iron unless a variance is approved in writing by the Architectural Control Committee. No fence shall be placed Tess than thirty (30') feet from the front build line, no fence shall extend forward of the front of any house and in all cases any portion of fence that can be seen from the street shall be stained to match the original color of the wood (e.g. Olympic brand cedar or redwood stain). Oforms/reallfcreek6A ccr 4 (b) All fences constructed along the boundary of the Golf Course shall be: (1) wrought iron with limestone columns not to exceed 6.5 feet in height, or (2) such other material of equal or greater quality approved in writing by the Architectural Control Committee and the Director of Planning for the City of Round Rock. (c) It shall be unlawful to maintain a fence in such a manner as to allow: (1) any portion of a fence to lean so that the fence's axis is more than five degrees out of perpendicular alignment with its base; (2) missing, loose or damaged stone, rails or pickets in the fence; and (3) symbols, writings, and other graffiti on the fence. (d) Fence maintenance shall be the responsibility of the property owner and all damages shall be repaired within thirty (30) days written notification by the Architectural Control Committee or the City of Round Rock. 2. Hold Harmless Agreement. It is acknowledged and agreed that, from time to time, golf balls may be hit which leave the boundaries of the Golf Course and stray onto the Lots immediately adjacent to the Golf Course ( "Golf Course Lots ") and which cause a potential danger and hazard to the owners of the Golf Course Lots, their families, tenants, guests and employees, and to personal property situated on the Golf Course Lots. Each owner of any of the Golf Course Lots shall and does hereby, on behalf of such owner, his heirs, legal representatives, successors, and assigns, release and hold harmless the City of Round Rock, the Forest Creek Golf Club, KPKM II Ventures, Ltd., and the Master Association and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto such owners' Golf Course Lots. This release shall be a condition of the purchase or sale of each of the Golf Course Lots, and shall constitute a covenant running with the land comprising the Golf Course Lots, their heirs, successors and assigns, and shall inure to the benefit of the City of Round Rock, Forest Creek Golf Club, KPKM II Ventures, Ltd., and the Master Association and their respective successors and assigns. 3. Ratification, The Declaration is hereby ratified and confirmed as to the Property except as it may be inconsistent herewith, in which case this Supplemental Declaration will control. All capitalized terms not otherwise defined herein shall have the meaning specified in the Declaration. KPKM II Ventures, Ltd., a Texas limited partnership By. KPKM, Inch exas corporation, its Gene ner By: Oforms/real /jcreek6A.ccr 5 u ell er, Preside 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON 2'd This Instrument was selrnowledged before me on this the 2„ day of September, 1997, by Russell Parker, President of KPICM, Inc., General Partner of KPKM 11 VENTURES, LTD., a Texas limited partnership, on behalf of said limited partnership. tired Public, State drew Oformotafferetk6A.cer 6 'D'd'19Lr1i 3A-11S Wd0E:20 16, 60 d3S BANK ONE, TEXAS, NATIONAL ASSOCIATION, as the owner and holder of indebtedness secured by a deed of trust covering the Property, of record in Documents #9714653 and #9714654, Official Records of Williamson County, Texas, does hereby join in the execution of this FOREST CREEK II MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for the purpose of evidencing its consent hereto. Executed this N4 day of cp 6 . , 1997. AFTER RECORDING RETURN TO: Steve Hurst, P.C. 7900 Shoal Creek Blvd., Second Floor Austin, Texas 78757 C I — la No . C, 6.n i24 CONSENT OF MORTGAGEE Oforms/reaUfcreek6A.ccr ff BANK ONE, TEXAS, NATIONAL ASSOCIATION DocN 9744540 N Pages: 7 Date : 09- 26-1997 Time : 03:46 :31 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 21.00 VOL? ,A10 THE STATE OF TEXAS COUNTY OF WILLIAMSON FOREST CREEK MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS S s s 4185 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Round Rock passed Ordinance No. 1297 on March 28, 1991, amending the Official Zoning Map to zone the Development (hereinafter defined) as Planned Unit Development District No. 4 (the •PUD•), In order to provide for the orderly development of a first class mixed residential and limited commercial development adjacent to the Golf Course (hereinafter defined); and WHEREAS, Forest Creek Properties, Ltd., a Texas limited partnership, hereinafter called the Declarant, is the owner of approximately 39.98 acres of real property within the PUD, a portion of which containing 20.302 acres being described as Forest Creek Phase 1, Section 1, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet 1{ , Slide , Plat Records of Williamson County, Texas and Declarant proposes to develop and subdivide the Property (hereinafter defined) for residential and other purposes more particularly described herein; and WHEREAS, Franklin Capital Corporation, a Texas corporation, is the owner of the remaining approximately 357.2 acres of additional real property within the PUD contiguous to the Property, which Declarant has an option to purchase for purposes of developing additional phases of the Forest Creek Subdivision; and WHEREAS, the Declarant desires to hold and from time to time convey the Property, or any portion thereof, subject to certain protective covenants, conditions, restrictions, liens and charges hereinafter set forth; and WHEREAS, Declarant desires to create and carry out a uniform plan for the improvements, development and sale of the Property for the benefit of the present and future owners of the Property: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that all of the Property shall be held, sold, conveyed and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions regardless of whether or not the same are set out or referred to in said contract or deed. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: r OFFICIAL RECORDS WILLIAMSON COUNTY. TEXAS r 1.1 Architectural Review Committee. 'Architectural Review Committee' shall mean the committee created pursuant to this Declaration to review and approve plans for the .construction of Improvements upon the Property. 1.2 Articles. 'Articles' shall mean the Articles of Incorporation of Forest Creek Homeowners Association, Inc., which shall be filed in the office of the Secretary of State of the State of Texas, as from time to time amended. 1.3 Assessment. 'Assessment" or "Assessments' shall mean such assessments es may be levied by the Association under the terms and provisions of this Declaration. 1.4 Association. 'Association' or 'Master Association' shall mean and refer to Forest Creek Homeowners Association, Inc., a Texas non - profit corporation, its successors and assigns. 'Board' shall mean the Board of Directors of 1.5 Board. the Association. 1.6 Bylaws. Association to be amended. • 'Bylaws' shall mean the Bylaws of the adopted by the Board, and as from time to time 1.7 Forest Creek Restrictions. 'Forest Creek Restrictions' shell mean, collectively (i) this Master Declaration, together with any and all Supplemental Declarations, as the same may be amended from time to time, (ii) the Forest Creek Rules, (iii) the Design Guidelines, and (iv) the Articles and Bylaws from time to time in effect, as the same may be amended from time to time. 1.8 Forest Creek Rules. 'Forest Creek Rules' shall mean the rules and regulations adopted by the Board as the same may be amended from time to time. 1.9 Franklin Property. "Franklin Property' shall mean approximately 357.2 acres of real property contiguous to the Property, which Captor Development Company, LC has an option to purchase for the development of additional phases of the Forest Creek Subdivision. 1.10 Common Properties. 'Common Properties' shall mean that portion of the Property owned by the Association for the common use and enjoyment of the Members of tho Association including, but not limited to all parks, recreational facilities, community facilities, pumps, landscaping, sprinkler systems, pavement, streets (to the extent not owned by appropriate governmental authorities), walkways, parking lots, pipes, wires, conduits and other public utility lines situated thereon (to the extent not owned by appropriate governmental authorities or by local utility companies). The Common Properties to be owned by the Association shall includes (i) those areas of land shown on any recorded plat or its equivalent of the Property or any portion thereof filed or approved by Declarant and identified thereon as 'Greenbelt' or Amenity Area', (ii) the unpaved and landscaped areas of the right of way for Forest Creek Drive through the Subdivision and other streets within the Subdivision and (iii) those areas of land and improvements thereon deeded to the Association by Declarant. 1.11 Declarant. Properties,Ltd its du c h authorized representatives Forest or their respective successors or assigns; provided that any assignment of the rights of Forest Creek Properties, Ltd. as Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder. -2- `2 2 311 VOLE A -3- VOL ^ :.ii2PAi:31 ` 1.12 Design Guidelines. 'Design Guidelines' shall mean the criteria and guidelines established by the Architectural Review Committee for the construction of landscaping improvements and commercial development improvements within the Property. 1.13 Development. 'Development' Shall mean, collectively, the Property and the Franklin Property, as more particularly described on Exhibit 'A' attached hereto and incorporated herein, and comprising the real property within the PUD. 1.14 Golf Course. 'Golf Course' shall mean that certain public golf course adjacent to the Development owned by the City of Round Rock, Texas, commonly referred to as Forest Creek Golf Course. 1.15 Greenbelt or Amenity Area. 'Greenbelt' or 'Amenity Area shall mean all areas designated by Declarant to be held as open space or for passive or active recreational purposes for the benefit of all Owners. 1.16 Improvement. 'Improvement' shall mean every structure and all appurtenances thereto of every type and kind located on the Property, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, basketball goals, swimming pools, garages, storage buildings,'fences, trash enclosures, screening walla, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water Softener fixtures or equipment and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities. 1.17 Lot. 'Lot' or "Lots' shall mean any parcel or parcels of land within the Property shown as a subdivided lot on a Plat of the Property, together with all Improvements located thereon. 1.18 Master Declaration. 'Master Declaration' or 'Declaration' shall mean this instrument, and as it may be amended from time to time. 1.19 Member. "Member' or 'Members' shall mean any person, persona, entity, or entities holding memberahip rights in the Association. 1.20 Mortgage. 'Mortgage' shall mean any mortgage or deed of trust covering all or any portion of the Property given to secure the payment of a debt. 1.21 Mortgagee. 'Mortgagee" or 'Mortgagees' shall mean the holder or holders of any Mortgage or Mortgages. 1.22 Owner. 'Owner' or 'Owners' shall mean and refer to a person or persons, entity or entities, excluding Declarant, holding a fee simple interest in all or any portion of the Property, but shall not include a Mortgagee. 1.23 Person. 'Person' or 'Persons' shall mean any individual, entity or entities having the legal right to hold title to real property. 1.24 Plans and Specifications. 'Plans and Specifications' shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, signage, lighting, elevation drawings, floor plans, specifications on all building products and construction techniques, Samples or exterior colors, plans for utility services, all other documentation or information relevant to such improvement. - 4 - 1.25 Plat. 'Plat' shall mean a final subdivision plat of any portion of the Property. 1.26 Property. "Property' shall mean that real property which is subject to the terms of this Declaration initially described as Forest Creek Phase 1, Section 1, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet , Slide , Plat Records of Williamson County, Texas eT aas descrlbby metes and bounds on Exhibit •B• attached hereto and incorporated herein, and any additional real property which may be hereafter incorporated or annexed under the terms of this Declaration. 1.27 Subassociation. • Subasaociation• shall mean any non- profit Texas corporation or unincorporated association, organized and established by Declarant or with Declarant's approval, pursuant to or in connection with a Supplemental Declaration. 1.28 Subdivision. 'Subdivision" shall mean and refer to Forest Creek Phase 1 and such other property within the Development, which has been subdivided and shown on a map or plat or record in the Plat Records of Williamson County, Texas and brought within the scheme of this Declaration in accordance with the provisions of Article II of this Declaration. 1.29 Supplemental Declaration. 'Supplemental Declaration' shall mean and refer to any declaration of covenants, conditions and restrictions which may be recorded hereafter in order (i) to incorporate land within the Development in to the Property, (ii) - to subject any area of the Property to further covenants, conditions or restrictions (iii) to withdraw land from the Property or (iv) to annex additional land into the Development. ARTICLE II ADDITIONS TO THE PROPERTY 2.1 Phased Subdivision. • (A) Incorporation. The Declarant, its successors and assigns, shall have the right at any time prior to June 1, 2012, to incorporate within the scheme of this Declaration additional phases of the Development, no long as such properties are within the area described on Exhibit 'A• attached hereto, following the acquisition of such property, or with the consent of the record owner, without the consent or approval of any party, including the Owners of any Lots (other than Declarant), and so long as such additions are pursuant to a general plan approved by the Veterans Administration (•VA'). the Development at any time a with the i consent of annexed two-thirds (2 /3rds) of each class of Members of the Association. As additional properties are annexed hereto, Declarant shall, with respect to said properties, record Supplemental Declarations which may incorporate this Declaration herein by reference, and which may supplement or modify this Declaration with such additional covenants, restrictions and conditions which may be appropriate for those properties. (C) Filing Supplemental Declarations. To evidence the incorporation or annexation of additional property, Declarant shall record a Supplemental Declaration which shall incorporate this Declaration by reference. Following such incorporation or annexation and the recordation of such additional plat or maps, then and thereafter the Owners of all lots in the Subdivision shall have the rights, privileges and obligations set forth in, this Declaration and each applicable Supplemental Declaration. 1 va�ti,�w2 ;,:: 2.2 Merger or Consolidation. Upon a merger or consolidation of the Association with another association, the Association's properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the property, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration pertaining to the Property except ae hereinafter provided. ARTICLE III GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions: 3.1 Antennae. No exterior radio or television antenna or aerial or eater dish receiver, or other devices designed to receive telecommunication signals, including, but not limited to, radio, television, or microwave eignale which are intended for cable television, network television reception, or entertainment purposes shall be erected or maintained, except by Declarant, without the prior written approval of the Architectural Review Committee. 3.2 Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Review Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or other interest leas than the whole, all without the approval of the Architectural Review Committee. Public utility and drainage easements are exempt from this provision. 3.3 General Signage Standards. All signs visible from the roadway or Golf Course (both temporary and permanent) shall be constructed for low maintenance and shall be approved in advance by the Architectural Review Committee and the City of Round Rock. In the event a sign is not properly maintained, the Architectural Review Committee and the City of Round Rock may give the sign owner written notice thereof. Required repairs must be made within five (5) business days of notification or the Architectural Review Committee and City of Round Rock shall have the right, but not the obligation, to have repairs made and charged to the sign owner. Prohibited signs include bench signs; billboards; banner signs; signs with flashing or blinking lights or mechanical movement; dayglo colors; signs which make or create noise; animated moving signs; exposed neon, fluorescent or incandescent illumination; painted wall signs; pennants; trailer signs; signs with beacons; and any sign that obstructs the view in any direction of an intersection. 3.4 Rubbish and Debris. shall be placed or permitted to no odors shall be permitted to such property or any portion offensive or detrimental to occupants. Refuse, garbage and in covered containers and such -5- No rubbish or debris of any kind accumulate upon the Property and arise therefrom so as to render thereof unsanitary, unsightly, any other property or to its trash shall be kept at all times containers shall be kept within 22— r VOL �;.w2 ? „�E31J enclosed structures or appropriately screened from view. In the event the owner shall fail or refuse to keep, or cause to be kept such owner's property or any improvements thereon free from rubbish or debris or any kind, and such failure or refusal shall continue for fifteen (15) days after delivery of written notice thereof, then the Forest Creek Homeowners' Association or the City of Round Rock may enter upon such property and remove or correct the same at the expense of the property owner and such entry shall not be deemed a trespass. 3.5 Noiae No exterior speakers, horns, whistles, belle or other sound devices (other than security devices used exclusively for security or public safety purposes) shall be located, used or placed on any of the Property such that it becomes or will become clearly; audible at the property line of adjoining property owners. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. 3.6 Construction of Improvements. No Improvements shall hereafter be constructed upon any of the Property without the prior written approval of the Plana and Specifications for the Improvements) by the Architectural Review Committee. Anything herein to the contrary notwithstanding, in the cage of single family residences constructed on any Lot, the Architectural Review Committee, in its sole discretion, may limit its review to a review of specific floor plans, and elevations, and upon the Architectural Review Committee's approval of such specific floor plane and elevations, residences may be constructed consistent with the approved floor plans and elevations without the requirement of further review or approval by the Architectural Review Committee. 3.7 Repair of Buildings. All Improvements upon any of the Property shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner thereof. 3.8 Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Review Committee. 3.9 Roofing Materials. All roofing material shall be subject to the approval of the Architectural Review Committee. 3.10 including, but e1 not u li ilmitedto,, Lines. wiresor other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on buildings or other Improvements as approved in writing by the Architectural Review Committee; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or other Improvements which have been previously approved in writing by the Architectural Review Committee; and further provided that this provision shall not Prope utilities rty. The installation installed along but not limited to, location, type of installation, equipment, trenching method and other aspects of installation, for both temporary and permanent utilities shall be subject to review and approval by the Architectural Review Committee. - • VOL 2252'; ;:316 3.11 Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved by the Architectural Review Committee. 3.12 Hazardous, Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well- designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes. 3.13 Temporary Structures. No tent, shack or other temporary building, improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Review Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders and foremen during actual construction may be maintained with the proper approval of Declarant, approval to include the nature, size, duration and location of such structure. 3.14 Mining and Drilling. No portion of the Property 0611 be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, atones, sand, gravel, aggregate or earth. 3.15 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Review Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, busses, motorcycles, motor scooters, and garden maintenance equipment shall be kept at all times, except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have garage space sufficient to house all vehicles to be kept on the Lot. Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventy -two (72) hours. No automobiles or other vehicles may be parked overnight on any roadway within the Property. Service area, storage area, loading area, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view from public or private thoroughfares and adjacent properties and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials or scrap or refuse or trash shall be kept stored or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view from public or private thoroughfares and adjacent properties. 3.16 Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot at any time, and no travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or public or private thoroughfares for more than forty -eight (48) hours. 3.17 Fences. The construction of fences shall be subject to the prior written consent of the Architectural Review Committee. The Architectural Review Committee may, in its discretion, prohibit the construction of any proposed fence, or -7- t+r- tJll . VOL ti.tiLJ, d:E specify the materials of which any proposed fence must be constructed, or require that any proposed fence be partially screened by vegetation. No fence shall be permitted within any street yard. (Street yard is the yard abutting a street which lies between the street and the face of the house as described in the City of Round Rock Landscape Ordinance.) Fences adjacent to roadways designated as collectors by the City of Round Rock and Greenbelt areas other than Golf Course properties shall be constructed by the Declarant or cause to be constructed by Declarant as part of the construction of each subdivision and must be completed prior to acceptance of the subdivision. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (Wood, common cement or cinder block and chain link.are specifically excluded.) The design, materials and specifications of such fencing shall be approved by the Architectural Review Committee and the City of Round Rock Director of Planning prior to the approval of the subdivision plat. The Declarant shall include in his fence design, or cause to be included accent landscaping in the public right of way to complement all rear lot line fencing. (A) Fencing Adjacent to Golf Course. All fences constructed along the boundary of the Golf Course shall be constructed of (a) treated split rail wood (two rails) with limestone columns, not to exceed 3.5 feet in height, (b) wrought iron with limestone columns, not to exceed 6.5 feet in height, (c) or such other material of equal or greater quality approved in writing by the Architectural Review Committee and the City of Round Rock Planning Director. (B) Fence Maintenance. Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the Master Association or the City of Round Rock. It shall be a violation of this Declaration to maintain a fence in such a manner as to allow (1) any portion of a fence to lean so that the fence's axis is more than five (5) degrees out of perpendicular alignment with its base, (2) missing, loose, or damaged stone or wood rails in the fence and (3) symbols, writings, and other graffiti on the fence. 3.18 Animals - Household Pets. No animals, including pigs, pot bellied pigs, hogs, swine, pigeons, poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained or cared for on the Property. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic peta will be allowed on any portion of the Property No animal hn may be stabled, ainttained, cared for or for hire or remuneration on the Property and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large and all animals shall be kept within enclosed areas which must be clean, sanitary and reasonable free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Review Committee, shall be of reasonable design and construction to adequately contain such animals' in accordance with the provisiona hereof, and shall be screened so as not to be visible from any other portion of the Property. 3.19 Maintenance of Lawns and Planting. Each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner's Lot (including any Greenbelt platted as a part of such Owner's Lot and any Greenbelt located between such Owner's Lot and a publicly dedicated roadway) cultivated, pruned, mowed and free of trash and other unsightly material. -8- • VOL 44) ..: 319 3.20 Construction Activities. Notwithstanding any provision herein to the contrary, this Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, duet, presence of vehicles or construction machinery, posting of signs or similar activities, provided that ouch construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event of any dispute regarding such matters, a temporary waiver of the applicable provision may be granted by the Architectural Review Committee, provided that such waiver shall be only for the reasonable period of such construction. 3.21 Compliance with Provisions of the Forest Creek Restrictions. Each Owner shall comply strictly with the provisions of the Forest Creek Restrictions as the same may be amended from time to time. Failure to comply with any of the Forest Creek Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover Sums due for damages or injunctive relief or both, maintainable by the Board on behalf of the Association or by an aggrieved Owner. 3.22 Construction in Place. All dwellings constructed on the Property shall be built in place on the applicable Lot and the use of prefabricated materials shall be allowed only with the prior written approval of the Architectural Review Committee. 3.23 Unfinished Structures. No structure shall remain unfinished for more than one (I) year after the same has been commenced. Construction of residential improvements shall begin no later than two (2) years after ownership of the Lot has been legally conveyed by Declarant. 3.24 Setback Requirements. Setback requirement shall be the more restrictive of (a) those set forth on any Plat, (b) those established by the Architectural Review Committee or Declarant pursuant to Section 4.2 below, or (c) those contained in the City Zoning Ordinance. 3.25 Rentals. Nothing in the Declaration shall prevent the rental of any entire Lot and the Improvements thereon, by the Owner thereof for residential purposes. 3.26 Sidewalks. A sidewalk shall be constructed, in accordance wTapplicable City of Round Rock ordinances and regulation, on each Lot, and the Plans and Specifications for all residential buildings on each Lot shall include plans and specifications for such sidewalk, and the same shall be constructed and completed prior to occupation of the residential building. No other sidewalks shall be placed on any Lot without the approval of the Architectural Review Committee. 3.27 No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article III or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom. - 1 ARTICLE IV -1 - ('r VOL ti kv �.���:`JA USE RESTRICTIONS 4.1 General. The Property shall be improved and used solely for single family residential use, for Greenbelt or Amenity Areas and for all other uses permitted by the Planned Unit Development Agreement. Greenbelt or Amenity Areas may, subject to the approval of Declarant, be improved and used for active and passive recreational purposes for the primary benefit of Owners and occupant° of portions of the Property; provided, however that, as to any specific area, Declarant may, in its sole and absolute discretion, permit other improvements and uses. 4.2 Minimum Yards. The location of all Improvements located on a Lot shall be subject to approval by the Architectural Review Committee. Minimum yard and set - back requirements may be established in excess of those shown on the plat or contained in City ordinances by the Architectural Review Committee or by Declarant through a Supplemental Declaration in order to maximize open areas, pedestrian and vehicular movement and to benefit the overall appearance of the Property. 4.3 Greenbelt or Amenity Areas. No land within any Greenbelt or Amenity Area shall be improved, used or occupied, except in such manner as shall have been approved by Declarant, in its aole and absolute discretion. Such required approval shall extend to the nature and type of use, occupancy and Improvement. Declarant may, by written instrument, delegate its right to grant such approval to the Board. Access to any Greenbelt or Amenity Area may be limited to persons currently paying Aeseaament, fees and other charges, or otherwise conditioned or restricted, or made available to non - Owners, all on such terms and conditions as Declarant may determine, in its sole discretion. In addition to the foregoing, the Director of Planning and Community Development must approve any improvements located adjacent to the Golf Course. 4.4 Recreational Improvements. Any proposed construction of recreational improvements within a Greenbelt or an Amenity Area shall be subject to approval by the Architectural Review Committee. ARTICLE V FOREST CREEK HOMEOWNERS ASSOCIATION, INC. 5.1 Organization. The Declarant shall, at such time as Declarant deems appropriate, cause the formation and incorporation of the Master Association as a nonprofit corporation under the laws of the State of Texas. The Master Association shall be created for the purposes, charged with the duties, governed by the provision, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Master Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. Nothing in this Master Declaration shall prevent the creation, by provision therefor in Supplemental Declaration(s) executed and recorded by Declarant or any person or persons authorized by Declarant, of Subaseociations to own, develop, assess, regulate, operate, maintain or manage the Property subject to such Supplemental Declarations. 5.2 Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject, by covenants or record, to Assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or VOL 222 >„tl( 320 entities who hold an interest merely as security for the performance of any obligation. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Any Mortgagee or Lienholder who acquired title to any Lot which is a part of the Property through judicial or non - judicial foreclosure, shall be a Member of the Association. It is understood that the Development may be developed in phases or sections, and, upon the completion of development of each individual section or phase by Declarant, such completed section or phase or any part thereof shall, at the option and election of Declarant, be incorporated within the scheme of the Declaration and become bound hereby and a part hereof, which incorporation shall be evidenced by the filing of the Supplemental Declaration; provided, however, in the event that Declarant shall sell the Exhibit 'A' land to an unrelated third party purchaser without having first developed the same, such third party shall have the right to elect whether or not it desires the Exhibit 'A• land to be incorporated herein pursuant to the terms of Section 2.1. 5.3 Voting Rights. The Association shall have two (2) classes of voting memberships: (A) Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine as provided by the By -Laws, but in no event shall more than one (1) vote be cast with respect to any Lot. (B) Class B. The Class B Member(s) shall be the Declarant, and its successors and assigns, and shall be entitled to three (3) votes for each Lot owned by it, provided that the Class B membership shall cease and be converted to Class A membership (subject to reversion back to Class a membership upon the annexation of additional land) on the happening of either of the following events, whichever occurs earlier: (1) the complete development of the land and sale of all developed lots described on Exhibit "A' attached hereto; (2) twenty (20) years from the filing date hereof in the Official Public Records of Williamson County, Texas. 5.4 Powers and Authority of the Association. The Master Association shall have the powers of the Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the Laws of Texas or of the two preceding sentences, the Master Association and the Board, acting on behalf of the Master Aeeociation, shall have the power and authority at all times as follows: (A) Forest Creek Rules and Bylaws. To make, establish and promulgate, and in its discretion to emend or repeal and re- enact, such Forest Creek Rules and Bylaws, not in conflict with this Declaration, as it deems proper covering any and all aspects of its functions. • nr", n n V0� h�i.0 P A�:l� 4 (B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board are reasonably necessary or appropriate to carry out the Master Association functions. (C) Records. To keep books and records of the Master Association's affairs. (D) Assessments. To levy assessments as provided in Article VII below. An assessment is defined as that sum which must be levied in the manner and against the property set forth in Article VII hereof in order to raise the total amount for which the levy in question its being made. ( • Right of Entry and Enforcement. To enter at any time in an emergency (or in the cane of a non - emergency, after twenty -four (24) hours written notice), without being liable to any Owner, upon any Lot and into any Improvement thereon for the purpose of enforcing the Forest Creek Restrictions or for the purpose of maintaining or repairing any area, Improvement or other facility to conform to the Forest Creek Restrictions, and the expense incurred by the Master Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered upon and upon the improvements thereon, and shall be enforced in the same manner and to the same extent as provided in Article vII hereof for regular and special assessments. The Master Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Forest Creek Restrictions.- The 'Master Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Forest Creek Restrictions; provided, however, that the Board shall never be authorized to expend any Master Association funds for the purpose of bringing suit against Declarant, its successors or assigns. Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Master Association. Collection for Subassociation. To collect on behalf of and for the accounting of any Subassociation (but not to levy) any assessment made by Subassociation created pursuant to this Master Declaration. Conveyances. To grant and convey to any person or entity the real property and /or other interest therein, including fee title, leasehold estates, easements, rights -of -way, or mortgages out of, in, on, over, or under any Common Properties for the purpose of constructing, erecting, operating or maintaining the followings (1) Parks, parkways or other recreational facilities or structures; (2) Roads, streets, walks, driveways, trails and paths; -12- r c t'r r) VOL ...k.o.WI Fdv (I) (J) (R) (L) (M) (3) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; (4) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and /or (5) Any similar public, quasi- public or private . improvements or facilities; provided, however, that the Master Association shall not convey fee simple title in and to, or mortgage all or any portion of any Common Properties without the consent of at least sixty -seven (67%) of the Owners (excluding Declarant). Nothing above contained, however, shall be construed to permit use or occupancy of any Improvement or other facility in a way which would violate applicable use and occupancy restrictions imposed thereon by other provisions of this Declaration. Manager.. To retain and pay for the services of a person or firm (the 'Manager') to manage and operate the Master Association, including its property, to the extent deemed advisable by the Board. Additional personnel may be employed directly by the Master Association or may be furnished by the Manager. To the extent permitted by law, the Master Association and the board may delegate any other duties, powers and functions to the Manager. The members of the Master Association hereby release the Master Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power or function so delegated. Association Property Services. To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for all Common Properties; to maintain and repair easements, roads, roadways, rights -of -way, parks, parkways, median strips, sidewalks, paths, trails, ponds, lakes and other areas of the Property, as appropriate and the maintenance of which has not been accepted by the appropriate governmental entity; and to own and operate any and all types of facilities for both active and passive recreation. Other Services and Properties. To obtain and pay for any other property and services, and to pay any other taxes or assessments which the Master Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Declaration, or the Articles of Bylaws of the Master Association. Construction on Association Property. To construct new Improvements or additions to Common Properties, subject to the approval of the Architectural Review Committee as provided in this Declaration. Contracts. To enter into contracts with Declarant and other persons on such terms and provisions as the Board shall determine, to operate and maintain any Greenbelt or Amenity Area or to provide any service or perform any function on behalf of Declarant or any Person. (N) Property Ownership. To acquire and own and to dispose of all manner of real and personal property, whether by grant, lease, gift or otherwise. -13- nr -n r�7 VOLti„Gc;+c. 5.5 Maintenance and Landscape Authority. The Master Association shall maintain all streets and roadways within the Property, which have been completed but not accepted by the appropriate governmental entity for maintenance. In addition, the Master Association shall be authorized to landscape, maintain and repair all easements, access easements, rights -of -way, median stripe, sidewalks, paths, trails, detention ponds and other areas of the Property, as appropriate. The Master Association shall maintain all Greenbelt or Amenity Areas dedicated to the Master Association for maintenance, by or with the consent of Declarant. The Master Association shall also maintain any landscaped medians and boulevard areas, not fronting lots, located in the public right of way. All aignage, plant materials and improvements used in said median or boulevard areas must be approved by the City of Round Rock and may be removed from the right of way by the City of Round Rock if required. 5.6 Lighting. The Master Association shall pay for electrical service and for all other costs and expenses necessary to operate and maintain the lighting, other than standard street lights accepted for maintenance by the City within street right -of -ways and Greenbelt and Amenity Areas and on Common Properties. 5.7 Common Properties. Subject to and in accordance with this Declaration, the Master Association, acting through the Board, shall have the following duties, (A) To accept, own, operate and maintain all Greenbelt or Amenity Areas which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for whatever purpose which may be located in said area; and to accept, own, operate and maintain all other Common Properties, real and personal, conveyed or leased to the Master Association by Declarant and to maintain in good repair and condition all lands, improvements and other Master Association property owned by or leased to the Master Association. Such maintenance shall include but not be limited to mowing and removal of rubbish or debris of any kind. (B) To construct, maintain, repair and replace landscape improvements and irrigation systems within public rights -of -way pursuant to agreement(s) with the City of Round Rock or other appropriate governmental authority. (C) To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to any property owned by or leased to the Master Association, to the extent that such taxes and assessments are not levied directly upon the members of the Master Association. The Master Association shall have all rights granted by law to contest the legality and the amount of such taxes and assessments. (D) Upon the approval of two - thirds (2 /3rds) of the Owners (excluding Declarant), to execute mortgages, both construction and permanent, for construction of facilities, including improvements on property owned by or leased to the Master Association. Additionally, the Master Association may accept lands in Greenbelt or Amenity Areas, whether or not improved, from Declarant subject to such mortgages or by assuming such mortgages. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or manner as may be deemed appropriate by the borrower, whether Declarant or the Master Association. The mortgage or other security interest -14- VOL ,Gn.0 P „'; UKei (B) -15- given to secure repayment of any debt may consist of a first, second or other junior lien as shall be deemed appropriate by borrower, whether Declarant or the Association, on the improvement or other facility to be constructed, together with such underlying and surrounding lands as the borrower deems appropriate. The debt secured by such mortgage or other security instrument may be retired from and secured by the revenues generated by dues, use feet' or Assessment paid by the members of the Master Association, as the case may be, but subject to the limitations imposed by this Declaration. To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and /or death caused by the use and enjoyment of the Greenbelt and /or Amenity Area, as well as casualty coverage on all real and personal property owned by the Master Association, if and in such amounts ea the Board shall deem appropriate. 5.8 Fencing. Fences adjacent to roadways designated as collectors by the City of Round Rock and Greenbelt areas other than Golf Course properties shall be constructed by the Declarant or cause to be constructed by Declarant as part of the construction of each subdivision and must be completed prior to acceptance of the subdivision with the Property. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (wood, common cement or cinder block and chain link are specifically excluded.) The design, materials and specifications of such fencing shall be approved by the Architectural Review Committee and the City of Round Rock Director of Planning prior to the approval of the subdivision plat. The Declarant shall include in his fence design, or cause to be included accent landscaping in the public right of way to complement all rear lot line fencing. 5.9 Indemnification. The Master Association shall indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is or was a director, officer, committee member, employee, servant or agent of the Master Association against expenses, including attorney fees, reasonably incurred by him in connection with such action, suit or proceeding if it is found and determined by the Board or a Court that he (1) acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the beat interests of the Master Association, and (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith or in a manner which he reasonably believed to be in, or not opposed to, the best interests of the Master Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. The Board may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, employee, servant or agent of the Master Association, against any liability asserted against him or incurred by him in any such capacity, or arising out of his status as such, whether or not the Master Association would have the power to indemnify him against such liability hereunder or otherwise. ARTICLE VI !?r`.[) rlf)r, ARCHITECTURAL REVIEW COMMITTEE 6.1 Approval of Plane and Specifications. No Improvement shall be commenced, erected, constructed, placed or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until the Plans and Specifications therefor shall' have been submitted to and approved by the Architectural Review Committee in accordance herewith. 6.2 Membership of Architectural Review Committee. The Architectural Review' Committee shall consist of not less than three (3) nor more than seven (7) voting members ("Voting members") and such additional.nonvoting members serving in an advisory capacity (*Advisory Members') as Declarant or its succeeeore or assigns deems appropriate. The initial voting members of the Architectural Committee shall be John Simmons, Fred Eppright and Perry Blanton. 6.3 Actions of the Architectural Review Committee. The Architectural Review Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Review Committee. In the absence of such designation, the vote of a majority of all of the members of the Architectural Review Committee taken without a meeting, shall constitute an act of the Architectural Review Committee. 6.4 Advisory Members. The Voting Members may from time to time designate Advisory Membera. 6.5 Term. Each member of the Architectural Review Committee shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed, as proved herein. 6.6 Declarant's Rights of Appointment. Declarant, its aucceseors or assigns shall have the right to appoint and remove all members of the Architectural Review Committee. Declarant may delegate this right to the Board by written instrument. Thereafter, the Board shall have the right to appoint and remove all members of the Architectural Review Committee. 6.7 Adoption of Rules. The Architectural Review Committee may adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties, including but not limited to a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable. 6.8 Review of Proposed Construction. Whenever in this Declaration, or in any Supplemental Declaration, the approval of the Architectural Review Committee is required, it shall consider all of the Plane and Specifications for the Improvement or proposal in question and all other facts and information which, in its sole discretion, it considers relevant, and may require an Owner to provide such other information as it deems relevant. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the Architectural Review Committee, and construction thereof may not commence unless and until the Architectural Review Committee has approved such Plane and Specifications in writing. The Architectural Review Committee may postpone review of the Plans and Specifications until ouch time as the Architectural Review Committee has received all information requested. The Architectural Review Committee shall consider and act +upon any and all Plane and -16- • VOL �2T :.:32 Specifications submitted for its approval pursuant to this declaration and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Architectural, Review Committee. The Architectural Review Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness, or conformance with building or other codes. 6.9 variances. The Architectural Review Committee may grant variances from compliance with any of the provisions of Declaration opinion of the Architectural 1 Committ a j its n solo and absolute discretion, such variance will not impair or detract from the high quality development of the Property, and such variance is justified due to unusual or aesthetic considerations or unusual circumstances. All variances must be evidenced by a written instrument, in recordable form, and must be signed by at w variance shall not operate to wive or amend h ny terms and provisions of these covenants and restrictions applicable to the Lots for any purpose except as to the particular property and in the particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions hereof. Notwithstanding the foregoing, such variances shall not vary any city ordinance unless a variance or special exception has been first granted by the City of Round Rock. 6.10 No Waiver of Future Approvals. The approval or consent of the Architectural Review Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Review Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person. 6.11 Work in Progress. The Architectural Review Committee, at its option, may inspect all work in progress to ensure compliance with approved Plans and Specifications. 6.12 Address. Plans and Specifications shall be submitted to the Architectural Review Committee c/o Captex Development Company, 11709 Boulder Lane, Austin, Texas 78726, or such other address as may be designated by Declarant, its successors and assigns, from time to time. 6.13 Fees. The Architectural Review Committee shall have the right to require a reasonable submission fee not to exceed 6150.00 for each set of Plans and Specifications submitted for its review. 6.14 Certificate of Compliance. Upon completion of any Improvement approved by the Architectural Review Committee and upon written request by the Owner of the Lot, the Architectural Review Committee shall issue a Certificate of Compliance in a form suitable for recordation. The Certificate shall identify the Lot and the Improvements, the use or uses to be conducted thereon, and the Plans and Specifications on file with the Architectural Review Committee pursuant to which the Improvements were made and shall specify that the Improvements comply with the approved Plans and Specifications. The Certificate shall not be construed to certify the acceptability, sufficiency or approval by the Architectural Review Committee of the actual construction of the Improvements or of the workmanship or material thereof. -17- VOL 4.Nat.2 The Owner is hereby notified that the Certificate in no way warrants, except as set forth above, the sufficiency, acceptability or approval by the Architectural Review Committee of the construction workmanship, materials or equipment of the Improvements. Preparation and recordation of such a Certificate shall be at the expense of the Owner of the improved Lot. ARTICLE VII FUNDS AND ASSESSMENTS 7.1 Assessments. (A) Assessments established by the Hoard pursuant to the provisions of this Article VII shall be levied on a uniform basis against each Lot within the Property. Each unpaid Assessment together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Property against which the Assessment fell due, and shall become a lien against each such Lot and all Improvements thereon. The Master Association may enforce payment of such assessments in accordance with the provisions of this Article. (C) Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose to the duration of the Assessment year or other period remaining after said date. Maintenance 7.2 Fund. maintenance fund into whichehall•be deposited all monies paid to the Master Association and from which disbursements shall be made in performing the functions of the Master Association under this Master Declaration. The funds of the Master Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended. Nothing contained herein shall limit, preclude or impair the establishment of other maintenance funds by a Subaasociation pursuant to any Supplemental Declaration. (B) 7.3 Regular each fiscal year, Annual incurred theBoard the t exp nsesn be its functions the Master Association during nsunderthe Forest Cre k Resric ions= including not limited to, the cost of all maintenance, the cost of providing street lighting, the cost of enforcing the Forest Creek Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Master Association may at any time, and from time to time, levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Master Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. In no event shall the regular annual Assessment per lot for year 1993 exceed the sum of $240.00.00. -18- A rer,- VOL :G N uE i Thereafter, the regular annual Assessment permitted hereunder shall not be increased by more than ten percent (10.0%) per year. 7.4 Special Assessments. In addition to the regular annual Assessments provided for above, the, Board may levy special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Master Association under the Forest Creek Restrictions. The amount of any special Assessments shall be at the reasonable discretion of the Board and all such special Assessment aha'l1 be due and payable to the Association within 30 days of the date of written notice of such special Assessment. In no event shall the total special Assessment per lot during the year 1993 exceed the sum of $240.00.00. Thereafter, the special Assessment permitted hereunder shall not be increased by more than ten percent (10.0%) per year. 7.5 Owner's Personal Obligation for Payment of Assessments. The regular and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest on the amount of the Assessment from the due date at a percentage rate of six percent (6%) per annum, together with all costa, and expenses of collection, including reasonable attorneys' fees. 7.6 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid, shall together with interest as provided in Section 7.5 hereof and the coat of collection, including attorney's fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for: (A) All liens for taxes or special assessments levied by the applicable city, county or state government, or any political subdivision or special district thereof; (B) All liens securing all amounts due or to become due under (i) any term, Contract for Sale dated, or (ii) any mortgage vendor's lien or deed of trust filed for record prior to the date any Assessment became due and payable; and (C) All liens including, but not limited to, vendor's liens, deeds of trust and other security agreements which secure any loan made by any lender to a Member for any part of the purchase price of any Lot when the same are purchased from a builder, or for any part of the coat of constructing, repairing, adding to or remodeling any Improvements utilized for residential purposes. Notwithstanding the above, no lien shall be deemed or held superior to the lien hereby created unless the Master Association is made a party to any court proceeding to enforce any of the above listed liens. The Master Association shall have the power to aubordinate the aforesaid assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination may be signed by an officer of the Master Association. To evidence the aforesaid assessment lien, the Master Association may prepare a written notice of assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by ouch lien and a -19- .. rr - 7 ortri VOLT P,,i.:.c.?4:,it) description of the Lot. Such notice shall be signed by one of the officers of the Master Association and shall be recorded in the office of the County Clerk of Williamson County, Texas. Such lien for payment of Assessment shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by either (i) the Master Association foreclosing against the defaulting Owner's Lot in like manner as a mortgage on real property subsequent to the recording of a notice of assessment lien as provided above, or (ii) the Master. Association instituting suit against the Owner personally obligated to pay the Assessment and /or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorney's fees incurred by the Master Association. The.Master Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request of any Mortgage, the Master Association shall report to such Mortgagee any unpaid Aesesamente remaining unpaid for longer than thirty (30) days after the same are due. ARTICLE VIII EASEMENTS 8.1 Reserved Easements. All dedications, limitations, restrictions and reservations shown on a Plat and all grants and dedications of easements, rights -of -way, restrictions and related rights, made by Declarant prior to the Property becoming subject to this Master Declaration, are incorporated herein by reference and made a part of this Master Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes in and additions to the said easements and rights -of -way for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the neceeaity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, rights -of -way and easements for public utility purposes (including, without limitation, gas, water, cable television, electricity, telephone and drainage), in favor of any person or entity, along and on either or both sides of any Lot line, which said easement shall have a maximum width of 5.0 feet on each side of such Lot line. 8.2 Installation and an easement upon, across, over and Maintenance. There i created under all of the y easement areas affecting the Property for ingress and egress in connection with installing, replacing, repairing and maintaining all utilities, including, but not limited to, water, sower, gas, cable, television, telephones, electricity and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities sei supplying service or to o theelmaintain erutilityfacilii pipes, wires, thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no sewer, electrical lines, water lines or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Review Committee. The Utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging -20- e VOLrGr ?»,(330 trees and shrubs located on portions of the Property abutting such easements. 8.3 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of •Improvements approved by the Architectural Review Committee thereon, require. Bach Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Master Declaration and shown on the plat. There shall be no construction of Improvements, temporary or permanent in any drainage easement, except as approved in writing by the Architectural Review Committee and the Director of Public Works for the City of Round Rock. 8.4 Surface Areas. Each Owner shall maintain the surface area of all easements located within his Lot and all improvements located therein except for such improvements for which a public authority or utility company is responsible. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns or flowers. However, neither the Declarant nor any supplier of any utility or service using any easement area shall be liable to any Owner or to the Master Association for any damage done by them or either of them or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation or repair of any facility in any such easement area. 8.5 Title to Easement and Appurtenances Not Conveyed. Title to any Lot conveyed by Declarant by contract, deed or other conveyance shall not be held or construed in any event to include the title to any roadways or Greenbelt or Amenity Area or any drainage, water, gas, sewer, storm sewer, electrical light, electrical power, telegraph or telephone way, or any pipes, lines, poles or conduits on or in any utility facility or appurtenances thereto, constructed by or under Declarant or its agents through, along or upon any Lot or any part thereof to serve said Lot or any other portion of the Property, and the right to maintain, repair, sell, or lease such appurtenances to any municipality or othor governmental agency or to any public service corporation or to any other party is hereby expressly reserved in Declarant. 8.6 Greenbelt or Amenity Areas. Each Owner shall have an easement of use and enjoyment in and to all Greenbelt or Amenity Areas which shall be appurtenant to and shall pass with title to such Owner's Lot, subject to the following provisions: (A) The right of the Master Association to suspend the Owner's voting rights and right to use the Greenbelt or Amenity Areas for any period, during which any Assessment against such Owner's Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Master Association; The right of the Master Association to dedicate or transfer all or any part of the Greenbelt or Amenity Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be approved by a majority vote of the Members; (C) The right of the Master Association to borrow money for the purpose of improving the Greenbelt or Amenity Areas and, in furtherance thereof, to mortgage the Greenbelt or Amenity Areas, all in accordance with the Articles and Bylaws; ( -21- (D) (g) ^ 3. The right of the Master Association to make reasonable rules and regulations regarding the use of the Greenbelt or Amenity Areas and any facilities thereon; and The right of the Master Association to contract for services with third parties on such terms as the Master Association may determine. ARTICLE IX MISCELLANEOUS 9.1 Term. This Master Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until June 1, 2012, unless amended as herein provided. After June 1, 2012, this Master Declaration, including all such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) year each, unless amended or extinguished by a written instrument executed by the Owners of at lease three - fourths (3 /4ths) of the Lots within the Property then subject to this Master Declaration. 9.2 Nonliability of Board and Architectural Review Committee Members. Neither the Architectural Review Committee, nor any member thereof, nor the Board nor any member thereof, shall be liable to the Master Association or to any Owner or to any other person for any loss, damage or injury arising out of their being in any way connected with the performance of the Architectural Review Committee's or the Board's respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Review Committee or its members or the Board or its members, as the case may. be. Neither the Architectural Review Committee nor the members thereof shall be liable to any Owner due to the construction of any Improvement within the Property. 9.3 Amendment. (A) By Declarant. This Master Declaration or any Supplemental Declaration may be amended by the Declarant acting alone until June 1, 2002, or until Declarant no longer holds a majority of the votes in the Master Association, whichever occurs last. No amendment by Declarant after June 1, 2002, shall be effective until there has been recorded in the Official Public Records of Williamson County, Texas, an instrument approved by the Planning and Zoning Commission for the City of Round Rock and executed and acknowledged by Declarant and setting forth the amendment, and an instrument executed and acknowledged by the President and Secretary of the Board certifying that the Declarant had the requisite number of votes. Notwithstanding the foregoing, Declarant may amend this Declaration at any time (i) to correct typographical and grammatical errors, and (ii) in order to comply with VA or FHA requirements for approval of the Property. (B) By Owners. In addition to the method in Section 9.3(A), after June 1, 2002, this Declaration may be amended by the recording in the Official Public Records of Williamson County, Texas an instrument approved by the Planning and Zoning Commission for the City of Round Rock and executed and acknowledged by the President and Secretary of the Master Association, setting forth the amendment and certifying that such -22- 1 VOL � eJtiP.�: 1 32 -23- amendment has been approved by Owners entitled to cast at least eighty percent (801) of the number of votes entitled to be case pursuant to Section 5.3 hereof. 9.4 Notices. .Any notice permitted or required to be given by this Master Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the eame has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Master Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Master Association. 9.5 Interpretation. The provisions of this Master Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the property and of 'promoting and effectuating the fundamental concepts of the Property set forth in this Master Declaration. This Master Declaration shall be construed and governed under the laws of the State of Texas. 9.6 Mergers and Consolidations. The Association may participate in mergers and consolidations with other non - profit corporations organized for the same purposes, provided that any such merger, consolidation or annexation shall have the consent (in writing or at a meeting duly called for such purpose) of those Members entitled to cast not leas than two - thirds (2 /3rda) of the votes of the Association. 9.7 Exemption of Declarant. Notwithstanding any provision in this Master Declaration to the contrary, neither Declarant nor any of Declarants activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Review Committee. Without in any way limiting the generality of the preceding sentence, this Master Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct and alter drainage patterns and facilities to construct any and all other types of improvements anywhere within the Property, however, the construction of sales and leasing offices and the posting of signs advertising the sale and leasing of Lots by Declarant shall be limited to Lots owned by the Declarant. 9.8 Assignment by Declarant. Notwithstanding any provision in this Master Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Master Declaration to any other person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder. 9.9 Enforcement and Nonwaiver. (A) Right of Enforcement. Except as otherwise provided herein, any Owner at his own expense, Declarant, and /or the Board shall have the right to enforce all of the provisions of the Forest Creek Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. (B) Nonwaiver. The failure to enforce any provision of the Forest Creek Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said restrictions. e i : eV;, n VOL �t,.Gc..c. P.;;• :.t,; (C) Liens. The Master Association shall have the right, when appropriate in its judgement, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Master Declaration. 9.10 Construction. (A) Restrictions Severable. The provisions of the Forest Creek Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provieion or portion thereof shall not affect the validity or enforceability of any'other provision or portion thereof. (H) Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. (C) Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof. IN WITNESS WHEREOF, Declarant has executed this Master Declaration as of this the 9/ day of , /` /. , 1992. FOREST CREEK PROPERTIES, LTD., a Texas limited partnership Byi Sovereign Investments, Inc., a Texas corporation, its General Partn THE STATE OF TEXAS COUNTY OF - retW: 3 Tills instrument was acknowledged before me on this the " day of :Ti tLk , 1992 by "1 nh 4 �xir„ \�fjtl i President of Sovereign Investments, Inc., a Texas cor General Partner of Forest Creek Properties. Ltd., a Texas limited partnership, on behalf of said limited partnership. CHERI HENSON NOTARY PUHLIC State of Tens o mm. EgL uD. mm S S S By. President 000 Notary Public in and for the State of Texas -24- vol2aUP „v:334 Franklin Capital Corporation joins in the execution hereof for the limited purpose of acknowledging the references herein to the Development and the Franklin Property, but in no manner currently subjecting the Franklin Property to the scheme of this Declaration. THE STATE OF TEXAS $ COUNTY Of TR4v +5 S Thisn8trument was acknowledged before me on this the 3 0� day. of 7 • , 1992 by ..c.., s. IV orn..aM Q s'CSre<a+ of Franklin apital Corporation, a Texa corporation, on behalf of said corpo tion. 334 D920515111.00 07/30/92.12,00ok IRAN C0677 -27000 FRANKLIN CAPITAL CORPORATION, a Texas Corporation Notary Public in and for the State of Texas -25- .1 . - I ' EXHIBIT "A' Development •••• - VOL 4#40‘p,Ibi otj VOL n22 .336 ,FINS o part of the 2. 1, Matthews Sunny, Ab 1 Ma. an, Willloe.en punt Tans. and being a pert of that aorlal• 612.30 sere treat of land described In 4 4.e11 Is the ban /Conklin prpsretlen recorded in Velum 1020 of rags 111. Official 2 fiords, 1111lamren putty. end Bing rra prtieularly described by 241 41 0110 6.11,•. as (sillies, 1a will OECINNINO al an iron red 11t in the InlerUr of the above described 112.11 sore tract, from which As rat northerly •erlheesl earner of sold tract bears N 10" 12' 11 2 a el,lane, et 2001.11 feel; THENCE 1 Ind the int f .aid 112.36 sere Diet, the fallowing d'oeribod seventeen (17) courses and distances to Iron rods at: (1) 3 31 10' 03" g a dIalanee of 211.11 font; (S) 3 12" 42' 15• E a dislenee of 161.21 feat; (3) N aP 11' 11. 2 • elate... of 113.14 feat; (4) N OS" 03' 02. 2 s distsneo It 237.31 feet; (6) d 03" 32' i a d(staneo of 113,01 ft.() (1) 3 10' 14' IS" t a 4141124o at 311.112 !sell (7) 1 10" 33' 22• It a distance of 170.11 fast; (0) 1 11" 81' 31• w a distance of 110.00 fat; (1) N11" 63• IS" N a distant, of 317.01 feet; (10) N 60" 31' 10" M , Colonel of 232.24 font; (11) N 11. 11' 21• Y s distance of 121.11 feet; (11) N 70" 07' et" N s distant, of 164.47 reel: (13) 1 11' 01' 61" 1 a distant, of 110.11 (coil (14) N 11" 43' SO" 1 a dl.tabeo of 113.11 feel; (11) N 11" of 11" If a distant, of 1 :0.02 foot, (11) N 11" IS' I2. 1 a dlatance of 11631 hat, and; (11) N II" Si' 11" 2 • distance of 310.11 fat to (be Plato of 0.101 4111, aon101ning 11.3713 aerea of land. mvsa 4 A630CIA2E3,'MY/7ca3 Man Cattier, 223, 1123 I1N•d1 EXHIBIT FIELD ND'725 PM .1 01 ASSOClA713, AyL701S Sias &alter, IM, Idy 11.1-01 FIELD /CFCS OMCp. 1 VOL 225PAGE33 ICING a part of IM Jahn N. Sandell Su)vey, Abstract No. 031, M111Iuaon Gtnty, Mau, and Ming a part sr 10.1 certain 513.33 &re trait of land deaerlbed In 0 Ned to the 3m Franklin Corporation retarded In Ystunl 1030 st hie 111, Official &nerds. Mllliamsm Canty. and being son particularly described by rtes and bounds am fell..., to dl: IECIININC at en Iron red set In the Interior of the above daeribed 113.31 aera tract, from mhleh the sort northerly narthsast s.rMr thereof Mars X 13" 31' 40' C a distance of 1103.70 feel; ?MCC t Ini the interior .113ld 113.70 ten teal, the Wiwing d1.rlb.d seventeen 07) courses and distances to Iron rods Iii (1) 1 13" 18' 43' M e distance of 133.00 fat; (11 3 13' 11' 11' M a d(at.noe sf 154.35 fast; (3) s 10' 10' 01' M a dlatana •f 435.51 fat; (4) 1 00' 07' 11" 1 a distance of 331.07 full (5) 1 11. 31' 00' M 1 distance of 1177.11 feet; (01 X 71' 11' 10' M a dla.noe e( 130.31 feet; (7) Nee. 31' 11' M a distance of 111.13 feel; (1) N 33' 41' 00' M a diltmce of 10.51 (at; (1) 1 17" 11' 00' M a distinct of 152.11.feet; 110) N 11' 27' 31' M a destine. of 41.4a feet; (31) N 30" 11' 41' C a dlatanc. of 310.10 feet; (12) N 31. 00' 33' X a distance of 772.30 feet; (13) Nee' 10' 31" C a distinct of 11041 feat; (14) N 43' 37' 11' 1 • distance of 111.11 feet; (10) 101. 11' 34" 1 s distant of 117,13 feet; (14) 1 11• 41' 31' 1 a dlalanu of 111.11 fat, and; (17) 1 17• 13' 41. 1 a illetattea sr 130.11 fast to the Fla& of Isgimtng, s.ntalning 13.3104 was of land. 1 1 V - VOL 2252PAG(338 NEW //NM PAWS. 1 II11N0 114.1111 atm .f land out of the t. W. sYtthoes Surrey, Abetrut w. 441, and the John N. away) Surrey. Abe No. 131, Willlsrron County. Tens. and bairn *r11lin Corp : li«, recorded Velum treat of land orti I,I ° 0.01,4. 1 .1 Williamson County. and being were particularly described by Notes sd buds a. follows. to s11: SECIIa1IN1 al an iron red frond at the nest easterly ssuth.nt 10/,,.r of mold 111.11 non tract, 71101Q N 11. 17' 44• W . Coleco of 1111 :11 feet to an Iran red feted: MINX i 11•; 41' 84' M 1 dlatsneo of 1011.11 feet to an Iron rod fated it the most aoulhsrly Swthaa.t oorn.r of ..1d 111.11 net lraetl Isom with on .a1111ng tenet along 1hs west southerly tint 1f said 111.11 acre tract, the t.Itaeing duarlb.d four (4) °wises and dittancmot (1) N I0. 14' 41' W a dl.taneo of 117.01 feet 1. on Inn rod (.,nit (1) N 11. 14' 11" W . distance of 1011.11 feet to an Iron nd found, (3) N 11' 11' It' W . dl.anco et 111.01 test to an Iron rod (mewl, Andy (4) 1 17" 11' 11' W . distance of 113.11 feel to an Iron red feud n Wesel Southerly southwest esrn.r of mold 112.11 sera tract] MCI N 01• I1' 11" L s distance of 431.13 feet f. an Iron rod found! 11101¢ with an azioting (Inc., the following described fire (1) nurses and distances: (1) N 11. 17' 14' W a distance of 172.44 test to an Iran rod found: (1) 11 11. 01' 111" W a distant. of 111.14 feel 1e an Iran rod feud: (1) N 11. 11' 11' W o distance of 111.71 fest Nan Iran rod feud: CO) N 11' 41' 11" W 1 distance of 111.11 fest to an Iran red frond. Sul (1) N SI• 14' 41' W 1 distance of 114.11 tut to an Iron rod feud N the southeast eernsr of Let 11, Slick t, J.ekrabblt Subdlrllian, a nbdI,I.i.n of r.cord (Sled In Cabinet E, 1111, 111, Plat locoed. of Williamson C.,ntyi 714242 N 40' 11' 21' E a Balance of 111.11 feet to an Iron red fwd end N 01. 00' 23' E s dat.nc. of 111.27 feel to an Iron rod found at tin northeast corner of sold Jackrabbit S.bdtral.n: St10L71 N 11. 1I' 11' W 1 dieter*, of 1414.11 feet with the worth tint 1f said Jackrabbit lhbdlralan to an free rod feed at the northeast COMNO theme( In the east line of County load No. 111, said Iron rod sleo b.lng the southwest lamer of said 111.11 .or. Iraqi 11101: N 11. 411 11. 1 e dtslane. 01 117.11 foil with the slat 11,..0 Coady toed 112 to an Iron rod found; 7twa .1.n1 w with the southerly and .esterly lino of Oslf Led, the (.Siccing described elates. (14) saws,. w dietancee L Inn red. fwd: (1) N 41. 41' 12. 1 a Il.tents of 11.11 feet1 (1) 1 es• 14' 11' 1. distance .0 11.11 feet, (3) *0 .n (Helene. .0 211.51 feet wnh 1 suns to 1be left, geld earn bring . .antral angle of 44 14' 1:', . reeks of 411.11 feet, tangents of 121.114 feet, and a mow bearing and distanc..f N 71' 11' II' 2 114.11 feet: . VOL ti�2 339 (4) N 11. 30 41" It a distance of 171.31 hell (1) M are distance of 411.14 het with . cone to the right, said curve having central angle of 01' 53' 13 ", a radius of 400.00 foot, tangent. •f 131.17 fool, and a chord baring and dtatanes .1 N 17' 11' 10" L 411.41 feet; (0) 1 I1. 35' 33' 1 1 distance of 114.14 hats (7) M an diatoms 67044.10 foot :Ith s cur.e to the Jett. said sum having . central angle of 11. 41' 11', a radius of 550.05 feet, tangents of 111.11 loot and o .herd bearing and distance of 3 11' 55' 47' 1 111.11 foot; (1) N 01' 43' I1" 1 a dIsllnr..1 11605 feat; (5) M .10 distance of 331.11 fist w1112 a aura t. the 001, 5.14 curve having a 1.15,15 *West 43. 34' 11', • radius of 450.11 feel, tangenh .f 151..1 7..;, and . chord bearing and distance of N o3. 11' 14. 1 311.41 fools (10) 3 71. 41' 10' 1 s dlatena. of 511.11 (sal; (13) M are distance of 154.11 fool with a curve 10 the loft, Iof4 curve Saving a 01111711 angle of 101' 0' 45•, . radius .1 350.00 het. tangents of 413.15 fog, and a elord bearing and dlatanci of N 41' 44' 41' L 162.63 feet; (11) N 03' 41' 10' M . distance of 111.73 feet; (13) M are distance of 311.11 feet with a cures to the rlg?t, sold curve having sontral and a chord 17' 5'o50'I31'311305.31�festi0 of 131,11 feat, (14) N 03' 41' 31.1 a distinct .f 317.11 feet; (11) M arc dbtane. of 110.43 feat with a curve to the left. said sum having a central snare of 03' 30 15 ", a 1.41,,. of 410.61 foot. tangents of 131.11 feat, end . chord bearing and distance of N 18. 11' 44' w 631.11 feet, and; (15) N 51. 41' 3I' M. distance of 100.40 hot t. an Sow red set; 71d?CE Ind tbe Inlorler .1 410 113.35 Ian trsel. lh. (011wlng 4,13,1014 thirty .la (36) count* and distinct* to Iron 14141 1111 (1) N 03. 11' 17• M a distant. of 73.11 (sett (2) N 41. 41' 61. 1 . Colones of 174.11 feet; (3) N 11. 41' 46 1 a distance of 174.17 het; (4) $ 77. 11' 40" 1 a dIatanes •f 30 t041 (1) 1 50. 13' 43" 1 s d5.tanoo •t 146.11 tuft (0) 3 17. 11' 61' • a dl.lane. of 111.15 Nutt (7) 1 61. 11' 14' 1 a diatoms of 318.11 toot; (0) 1 I7. 45' 31' 1 . d1s1lne• of 111.11 (secs (1) 1 11. 10' 11. 1 s 41.1.1111 of 111.01 Cott (11) It 31' 46' 31. 1 a dl.tu,...f 477.11 teat; (11) 1 I5' 13' 44' 1 a dletanee of 113.11 holt (I1) 1 4;' 16' 10' • 1 4143444. of 118.4 (.et; (51) 3 11. 11' 01' 1 s 11614nas If 111.11 tuts (14) 6 a' 64' 15' 1 .dhlu14 u131.11 foil; (11) 1 •3. 13' 31• ifs 40.lanoo of 115.51 hett VOL22 2p,m34O (11) 1 11' 11' 11' t a 114taai at 127.11 feet; (2?) 1 13' 11' 01' 1 a distance of 213.10 feats (10) N 35" 34' 31" I a distance of 011.41 feats (12) N 14' 32' 41' t a ammo .2 111.11 fit; (21) N 11' 31' 21' i a dtslanca of 11.17 lilt (11) f )3" 11' 5e' L a diatoms of 27.24 tits (21) ! Ss" 13' SS' i a distant, of 113.17 felt: (23) 1 70' 41' 41' la distant. of 471.01 feet; (24) S 73' 11' 31" 1 a distance of 111.01 feet; (15) S 37" 21' 55" 1 a distance .f 20.51 feet; (24) N 70' 44' 37" 2 a distance of 337,33 feet' (17) N 43' 47' 11. M o distance of 133.27 f.eti (11) N 47' 12' 42' l< a distinct of 101.34 Nett (20) N 01' 11' 51" 2 a distance el 111.32 fit; (30) N 13' 30' S1' M a distance of 552.00 feet; (31) N 12. 04' 27" 1 a distance .f 421.14 feel; (32) N 41' 41' 40' M s distance of 141.11 feett (33) N 71' 11' 15" M a distance of 702.03 fits (34) S 47" 47' 11" M a distance of 110.07 feet; (2S) N 73' 02' 37' M a distance of 411.70 feet, and; 04)1400'00' 00" L o distance of 115.00 het to ao Iten red Sot In the north line of aald 010.35 acre tract, from which an Iron red set at Um entrant corner of that In 11.21 tiers tract 02 land described 1 , 1 4 , 34 0 0 0 2 0 City of Round lock recorded In Va)ua 1153 at rage 551, Official 'Words, Mllllanwen Comfy, hears S 11' 17' 10' 1 a distance of 150.00 felt; 72F7ii2 3 11' 17' i" 1 s dlet.nr. *1 1711.31 tit with the aorta 2103 of 5414 112.31 acre trs.t ta .m from rod found at the northeast urn.r th.r.of; 11tFNC2 S 10" 12' SS. le o distance of 437.011 fit with the east Me of said 112.35 0er1 tract to en Iran red t.,sd SKIMS 40' 41' 11" I t s dbtanae of 1112.41 frog with tbe east Ma d UM 102.32 acre tract to the Floes of 'sinning, sentalnlne 214.3101 ecru of lad. 20,41,7711 a ASSCCIASES. 2.IV27013 !tan Cutter. S►S, ISU 11 -1-11 Fll]D * 77.) PA3 . 4 V0I4 5 Pay; 341 ICING 21.1120 atres of lamp out of the 100 11. Randall Survey. Abstract Na. 131, Williamson County, Tessa. and beinc a part of that certain 112.25 sere tract of land described In a deed to 0en rranhtin Corporation recorded In Volume 1020 et Page 112, Official beards of Mllliunon Cowty, and being wore particularly described by mites and bounds as fellows, to nit: tt r l northerly northeast corner dgeld 111.21 are u; burs N 1I• 11' 40. 1M d111ance of 1410.14 feet; 2710 along end lath tho westerly tine of 0elf laed the following deeerlMd .even (7) courses and dialanoee to Oren rads found: (1) 1 10. 41' /I. It a dlstence of 110.1 foot: (1) An .re distant of 111.17 feet with 1 suns to the rl(ht, ..id curve having • entrant angle of 12' 11' 21 ", a radius of 420.00 feet, tangents of 271.0t fat, and a chord Dearing end distance of S 11' 01' 44' 1 11.11 f.elt (3) S 22. 41' 21• M . distance of 1:7.00 feet; (4) An Ire distance of 041.12 feet with a curve 04 the left, mild curve hiving a 'antral Ingle af 27' 31' 21', . radio. of )10.00 tot, tangent. of 172.12 feet, and a chord bearing and distance of S 10. 00' 21" M 027.14 feet: (I) S 02. 41' 10. 1 a distance of 15.72 Prat; (I) An ore 4111..., of 111.10 feet ■Ith 1 curve to the right, said tuna having . .antral angl..f 107' 03' 4*', a red1.1 of 210.00 feet, tangents of 21,37 feet, and 1 chord bearing and distant. of 1 4)' 41' 44" M 411.42 feet, Ind; (7) N 70. 22' 12" W s dlutance of 121.72 feet to In Iron red •.t: 21entz 1nt Oa Interior of ss1d 111.21 sere tract, the fallwing described right (1) courses end 41.tene.s to iron rods 440; (1) N 11. 44' 17' 2 a distance of 41.14 (2) N 02' 31' 41 1 a distance of 12:.12 feet: (3) N 41. 30' 11. 1 . distance of 271.12 feat; (4) N 00 00' 10. 1 a distance of 101.11 feet; (1) N 10' 11' 32. If a distance of $41.21 feu; (0) N 10. 27' 1' 1 e distance of 400.11 f..tt (7) N 61 IS' 1. 1 . cameo et 222.22 feet, one (0) N 41' 10' 41• M a dlutanoe of 172.12 feet to the Place .f fl.glroleq, •..tslnlng 11.1120 area of load. 213,11.720t a ASSOCIA112, p:17003 Y Stan Getter. •RS, IR.5 11'1 -11 VOL�C2i:2P�,iit 111NC 01.1101 serfs 00 14nd sot of the Jahn N. Sandal) Survey, Abstract PO. 111, M1111t..en Gutty, Texas. and Ming s pert of that In 111.11 are tract of land described In 1 deed to the lin Franklin Corporation recorded la Volume 1010 at Fag. 012. Official lec.rde, Mllll.uen Chun'''. Tess, and being aoft particularly described bromism and Muds es Pollees, to .its SWIMMING at an Iran rod at la tM north line of Calf lead. frm ehlsh the most nertherty nsrtheat earner of said 111.21 men beers N 41' 40' 11' 01 a distance of 4111.11 fat; THOU along and.)lh the artb line of said Calf lad, the fallowing dlaer5Md des (4) couren and distance. 1. Iron rode (muds (1) N 70. 11' 12" M a dIslanc• of 10.11 fate 12) M are distance .f 412.11 feet rich a cures to the left, aid morn having e central angle of 41" 24' 11 ". a radius of 170.11 feet, taunts .f 111.41 fat. and a chord bearing and Allstate of 01 12' 21' 14' M 404.44 feel; (3) 01 51. 43' 10' M s distant, of 114.21 fats (4) An are distance of 421.21 feet with a tune 1e the right, old turn homing • central angle of 11" 40' 11" a radius of 420.00 fat, tangents of 221.12 fat, and • chord Waring and Colinas of N 11" 15' 47" M 401.00 fat; (5) N 11" 21' 12" M a dlatano/ of 114.54 fest, sod; (5) An arc distance of 43.71 feet M11h a curve t0 the left, bid cunt having e central angle of 4' 41' 27 ", s radius of 570.00 fat, tangents of 21.00 fat, and a chord bearing and distance .f N N" 00' 54" M 42.77 feet, to an Iron red sett THENCE Ind the interior of sold 102.22 sere tract, lilt following d.ecrlMd algal (2) ecun.s and distances le Iron rods set; (1) N 11' 41' It" 1 1 distance of 212.22 feet; (2) N 41' 47' 04' 1 a dblanc..f 05.10 Ise(: (3) N 41" 17' 21" 1 a distinct of 01.14 feat (4) N 11' 47' 24" 01 a distance of 470.10 feat; (1) N 50" 00' 10" f a dlelanoe of 111.40 feet; (4) 1 40. 14' 11' 1 1 distance of 117.11 (sett (7) 1 le" 13' 45' 1 a dlatena, of 107.71 fat, MSS (1) 1 111• 44' le" N a distance of 41.01 fat to the Ftaec of Seglming, eat:lning 11.7110 acres .1 land. 4' ►117L fans FAI(x2. 1 FIELD NOTED IMAM. 1 vOL241..A? E343 121NV 52.1111 acre. of land out of lhi Z. X. IYtthews Survey, No. 111, and the John H. Randall Survey, Abstrael No. 531, WIlliscaon County, texas, and being . part of that tarlaln 512.35 sere tract of land described In 4 dud to the San Franklin Corporation recorded In Velum 1021 et hg. I12, 0fflcI41 hoo.rda, 413111 as fe ho ill and being wore particularly described by melee end BEGINNING at an Iron rod found a the northwest strum of uld 112.31 acre tract In the oast ;Ina of County load 222; 71ita elong and with an editing fence and the earth line 0f old 212.31 sere tract, the renewing described rite (1) courses and dfetaness Is Inn 2061 fond: (1) $ 1 +' 31' 40' 1 e distance of 025.03 feet; (1) S I1. 42' 13' t a distance of 1011.13 feel; (3) S 11' 12' 41' t e distance of 1021.17 feet; (4) 1 01' 47' 12' t e dletance of 111.31 feet, end; (1) 1 N• 13' 44' 1 a distance of 114,21 feet; 270110E slang and with the northerly and westerly Una or Wit hold, the renewing described ten (10) courses and distances to iron rode fond; (I) M ern distance of 125.01 feet with a curve 10 Mt rirht, said curve hiving a central angle of 43. 07' 12 ", a radius of 170.00 feet, tangents of 11.41 feel, and a chord bearing and dletance of S 77. 01' 33" W 122.21 (oat; (2) N 11 54' 31' X a distance of 14.27 feet; (3) M era distance of 141.41 feet wlth a curve tithe 1eft, said curs. h.ving . central tangle 41 1. 11' 02 ", 1 radius el 1111.111 rest. tangents of 71.41 feet. and a .herd bearing and distance of N 15. 24' 17• M 110.10 feet; (4) N 11" 11' 23' W a distance of 140.13 fort; (1) M arc distance of 353.11 fen with a curve lathe Ids, meld curve having a central angle of 31' 51' 47 ", a radius el 111.02 feet, tsnrenn 4( 113.05 feel, and a chord bearing end distance of S 74' 31' 44. M 351.02 feu; (1) 1 11. 11' 10' K 301.41 feet; (7) M are distance of 234.41 fest with a auras to the left, said Mil toning control angle of 31' 11' 41 ", a radius 4( 415.73 rest, tangents of 111.12 (rat, and a chard Waring and dlotanca of 1 42" 21' 11" 1313.47 fest; (4) M are distance Of 210,21 fest with a curve to the loll, said carve having antral angle of 31' 14' 23', a radius of 330.11 feet, tangents 42 111.47 fat, and a sherd besting and distene. of 3 7' 24' 12" • 120.01 feet; (0) 1 13' 11' 32. 1 a 61st,,., Of 130.01 (eat, end; (10) M are 11.tene, of 141.11 feet with 4 curve le the left, sold verve hevl, 1 antral angle of 21' 31' 07', a radius of I41.12 tut. tangents of 121,43 fen, and a Mord bearing and distanes of 1 14' 41' 21' 1 231.12 feet, le 1st iron rad •411 L VOL 2'" Pac(t744 72 @ICE trevesNng the Interior of sold 111.30 sere tract, the following described twenty -five (11) ceonso and dishiness to Iron reds sett (1) g 10" 11' 11" Is a distant, of 10.11 tests (2) N 14" 11' 13" if . distance of 470.71 foots (3) N 10. 21' 11' R $ diatom, .f 421.71 festt (4) N 04. 17' 31' tr a distance of 174.11.festt (0l 20 17" 11' 10" 6 a distance of 41.11 Nett (6) N :1" 11' 10" Al a distance of 71.17 fest; (7) N 01" 23' 11" W a distance of 71.11 foots (1) N 73. 31' 41" k a distance of 10.31 feat* (0) (10) g OS" 41' 30" 1 a distends of 216.14 Nell (11) 1 12" 11' 12" M a instance of 414.12 (sots (12) 1 44' 31' 14' tr $ 40.0.nee et 437.22 teeth (12) 1 22. 41' 11" a distance of 177.41 feet; 414) 1 13" 11' 41' N . distance of 11.21 tests (01) 1 73. 31' 11' M s dlstanca 17 200.10 feet; (16) 1 61. 41' 12' W ■ 4111,00, of 117.21 (.et; U7) S 27. 21' 01" 2 a dlstsncs of 111.41 feet* (10) N 71" 00' 00" 1 a distance of 20.00 (6010 (11) S 11" 40' 11" g . distance of 12:.2S festl (20) 1 01. 10' SP 1 . aat.nee of 624.61 Net; (21) 1 30. 05' 17' M a dNlanee of 161.21 rest: 411) It 11" 11' 10' M . 41.0.nce of 114.77 reel; (23) 2 41. 21' 37" 1 . distance of 471.77 hell (04) 2 61. 41' 21' 1 . Colones of 111.47 test, sat (20) 1 •I' 31' 14. 1 . distance of 113.15 foot to an I1ne .t 0411 0.04, 1701[1 .long and with th. north 11.6 04 0417 gold, 0h1 (1) courses and dtetences to Iron red. land; (1) M are dtslmes of 211.10 (1,50 *Ith . outve t6 the esntral .ngls et 23• 11' 12", 4 radius 41 020.01 0.11, and . sherd bearing and distance of 1 12" 11' 41" N 111. (1) 1 14' 10' 41' lr a distance of 171.31 feet, 1 11" 40' 11" M . dtetsnee of 311.12 feet; Iron rod sot In 010 north f1110ering described ties loft, sold surds having a tangents of 711.1? Net, 11 (1500 (i) M are distance of 117.15 fat with a curve le the right, amid cum+ having a central angle of il• 14' 11, a radius of 110.10 fat, tangents of 101.17 fat, and a chard blaring and distance of S 71' 21' 12• f 114.31 foot; (4) 51 O5' 14' 11' if a distance of 10.30 test, mall (1) N 44. 14' if" k s distance of 11.11 test is an Iran red took In the eat line of Caunty lad No. 112. from which an Iran red feud at the asuthwat urner of said 112.51 acre blare a 10. 45' it• M a dletant, of 407.15 feet; MO with Mt met line of slid 112.25 sere tract and the oast lino of County lead 112, IM fallowing daertbed tiro (5) eeurs's owl dlstaneoot (2) N 11. 41' 11• t a distance of 1111,11 fast: (1) N 11' 77' 11' t a distance et 1111.11 toot' (i) N ft. 01' 11' t a distance of 40.11 feet; (4) 1411' 27' 11' k • distance of 111.11 test, and: (5) N /l' 11' 4f' 1 a distance et 115.51 (set to the Place .7 •shaming, lsetalning 11.1111 acme et land. C44LTEt a ASSCCU7f5, SUIVEYOIS Nan Culler, UPS, 165,7 11.1 -51 nr„ t vo1 tiA t ;2P ACR, A VOL .Ga.uF.PAGE ' S s ASSOCU4116, 11I*VRY043 // Man Goiter, Rrs, ;Slat 11.1-11 11174 ICUPS rAtG1.• 7 IIINn 11.4120 &tree of land out of the John N. Randall Iuety, Abslrael 1M, 531, Willlan.m Luny, Tessa, and being a p.rt of that e•rtaln 512.31 sore tract of land 4.1011ed in dead to the pen Franklin Grporatlan recanted In Volum 1130 st Page 112, Offish$ Records, Williamson County, Tess. and being rani particularly drscrlbed by votes and bounds as fellows, to .it: t411CIN11NC at an Iron rod sot In Ito south lino of 0.10 lend, from wneh the most nerthorly northeul some of sold 111.31 sore hall boars N 11. 17' 11. 1 a dlstanoe of 1642.11 feels TICE t In the Interior of sold 111.31 sere tract, the tsilsolng desrlbed sight (1) e•aeses and dletsnces to iron rods sot: O) $ 24' 21' 31' N . distance of 214.11 fool; (2) 1 11' 11' 41' M . flounce of 311.12 (sett (3) 1 71' 31' 30' We distance of 111.14 rest; (4) 4 41' 41' 31' W a distant* .0 111.23 festi 48) 1 32. 11' 3*' lr a Instance of 111.10 tests (1) 1 10. 10' If' M o Cameo .( 113.01 pots (7) 1 07. 40' 14' 1 a distance of 01141 feel, ands (J) 1 30' 10' 14' M a distance of 43.11 feet to on Iron std no Is the north lint of Coif 2aad1 T=G)CR .Isng and with the northerly, easterly and southerly 1(o. .f 0Olf Raad, the following described eight (4) purses and distant.. to Iron redo founds (1) N 11. 41' 11. 7d. 48.t.nce of 10.17 pelt (2) o central distances( 0 l Ingleof 47' 40'32 ", (1.1 h 1 aradiusof 411.03fSo� 'taalent. Sold of 01rn4 feet, and a chord bearing and dielante of N 31. 11' 41• N 331.11 feel; (3) N 12' 03' 32' M a distance of 131.00 (sett (4) An era distance of 113.11 pal .Ili l curve lo eh/ right, sold suers siring a central angle of 11' 11' 33 ", a radius of 370.00 feat, tangents of 10.41 feat, and chord bearing and distance if N 7' 14' 02. 1 110.11 (est; (5) do art distance or 113.11 tat .Hh a .urn 1. the rig)t, ..Id awn luring s central angle of 31' 12' 40', 1 esdlua of 111,73 fat, tangents .t 11.31 feat, and . chord bearing and dptenc. of N 41' 21' 31 1111.31 (esti (4) N 11' 11' 01' 1 a distance of 312.41 feet; (T) AA aro diatom..( 321.10 feat 11th a cures to the rlihl. Sold ewes having s .antral angle of 32. 11' 47'. • radius of 131.12 r..l, tm(.nd .0 111.17 feat, and . chord Waring and distance of N 74. 31' 44' 1 311.14 fat; (3) $ 11' 14' 13' 1 . diatoms of 314.11 fat 1. Ow Plan of Beginning, .mt/lnlng 10.4121 acres of land. t EXIWWF •B• Property voi22.72 347 • 1� V01.222.7/6418 NETE AHD SO UNDS DESC RIPTION BEING ALL THAT CERTAIN 20.302 ACRES OF LAND OUT OF AND A PART OF THE JOHN H. RANDALL SURVEY, ABSTRACT N0. 531, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACE BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN 39.98 ACRE TRACT OF LAND DESCRIBED IN A DEED TO FOREST CREEX PROPERTIES, LTD., OF RECORD IN VOLUME 2167 PAGE 945 OP THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEAS DEED RECORDS SAID TRACT BEING 20.302 ACRES OF LAND MORE FULLY DESCRIBED BY HETES AND BOUNDS AS FOLL0W5t BEGINNING at an iron rod found at the most southerly line of the said FOREST CREEK PROPERTIES tract for the most northeasterly corner of the herein described tract, from which point of beginning the most northeasterly corner of said FOREST CREEX PROPERTIES tract bears N68'36'00 "E 257.03 feet; THENCE with the southerly line of said FOREST CREEK PROPERTIES tract the following five (5) courses end distances as enumerated below: 11 56836•00 "W 920.00 feet to an iron pin found, 2) 1171'48'59 "W 120.16 feet to an iron pin found, 3) N49 "W 198.81 feet to an iron pin found, 4)•922'49'09 "W 90.47 feet to an iron pin found, 5) 567'12'43 "W 152.21 feet to an iron pin found for the most southwesterly corner of the said FOREST CREEK PROPERTIES tract being the most southwesterly corner of the heroin described tract; THENCE with the westerly line of said FOREST CREEK PROPERTIES tract for the • most westerly line of the herein described tract the following four (4) courses and distances as enumerated below: 1) N28'17'20 "W 48.58 feet to an iron pin found, 2) N30'20'35 "E 310.56 feet to an iron pin found, 3) 921'00'24 "W 400.49 feet to an iron pin set, 4) leaving the westerly line of said FOREST CREEX PROPERTIES tract curie to the right having a radius of 346.07 feet and an arc distance of 88.19 feet whose chord bears 913'42'24 "W 87.95 feet to an iron pin set for the most northwesterly corner of the herein described tract; THENCE crossing said FOREST CREEK PROPERTIES tract for the northerly line of the herein described tract the following sixteen (16) courses and distances as enumerated below: 1) N80'30'00 "E 161.60 feet to an iron pin set for an angle point, 2) NO2'30'00 "E 50.00 feet to an iron pin set for an angle point, 3) 934'22'05 "E 110.00 feet to en iron pin sat for an angle point, 4) "49'17'24 "E 130.00 feet to an iron pin set for an angle point, 5) 546'00'00 "E 400.00 feet to an iron pin set for an angle point, 6) 528'30'00 "W 35.00 feet to an iron pin set for an angle point, 7) 561'30'00 "E 135.00 feet to an iron pin set for an angle point, 8) N28'30'00 "E 40.00 feet to an iron pin set for an angle point, 9) S61'30'00 0 0 185.00 feet to an iron pin set for an angle point, 10) 928'30'00 "E 30.19 feet to an iron pin sot for an angle point 11) 560'00'00 "E 343.87 feet to an iron pin sat for an angle point, 12) N68'36'00 "E 15.00 feet to an iron pin set for an angle point, 13) 521'24'00 "E 120.00 feet to an iron pin set for an angle point, 14) 968'36'00 "E 12.00 feet to an iron pin set for an angle point, 15) S21'24'00 "E 50.00 feet to an iron pin set for an angle point, 16) 531'24'00 "E 122.50 feet to the PLACE OF BEGINNING containing 20.302 acres bf land. o'` = STATEOFTE(AS C0U)iTY02YALL)AFMSDN r do , 1 hereby eerfity Iha(this Instrument 833 FILED on the dale and alb time stamped hereon es . • by me, and was duly RECORDED in the Volume c , and Page of the named RECORDS of Williamson { :-, County, texas, as stamped hereon hereon by me. on c; 243 . WJ Fl : CoUNiyCLERK WILLIAJSON COUNTY, TD(AS 1 c