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Z-94-06-09-8B - 6/9/1994 (2)r Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson 'ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Council Members Alan McGraw Came Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets ADMINSTRATIVE AMENDMENT TO PUD 13 November 5, 2002 Mr. Jesse Rasmussen Area Production Manager Legacy Homes 3429 Executive Center Drive, Suite 100 Austin, TX 75731 RE: Administrative Amendment to PUD 13, Single family building setbacks. for 1701 Briarton Lane Dear Mr. Rasmussen: 2002091387 5 Pes Further to your request for an administrative modification of the front yard building setback requirements, I have made the following administrative amendment as provided for by section 12 of the PUD Agreement. 1. Lot 69, Block A, Round Rock Ranch Phase 2 shall be permitted amended streetyard building setbacks as shown on Exhibit A attached hereto. The above amendment is intended to ensure the intent of the of setbacks anticipated by the original provision of PUD 13 is met while accommodating a greater garage setback to reflect the physical limitations resulting from the curved street frontage and the location of ground mounted transformer boxes. Sincerely, g & Community D velopment Ot of Round Rock Planning and Community Development 101 East Old Settlers Boulevard Suite 200 Round Rock, Texas 78664 Phone 512.218.5428 -Fax, 512 218.3286 www ci.round -rock tu as BEFORE ME, the undersigned authority, on this day personally appeared Joseph L. Vining, known to me to be the person whose name is subscribed to the foregoing instrument as the Director of Planning and Community Development of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN DER MY HAND AND SEAL OF OFFICE, this the 6�' cTay of p uW 11W� i� hl 2002. �N LYN df /�� i ii,, AGREED TO BY OWNER THE STATE OF TEXAS COUNTY OF WILLIAMSON § MTH — Texas, L.P./Meritage Corporation, dba Legacy Homes By: n President Date: —1 -t2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Wes Peoples, Division President, known to me to be the person whose name is subscribed to the foregoing instrument as Division President of MTH - Texas, L.P./Meritage Corporation, dba Legacy Homes, Inc. acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this they of Fla. , 2002. LYNN 1 DICKSON Notary Public State of Texas My Commission Epltea August26, 2008 a. tary public Signature State of Texas Notary Public Signature State of Texas RECORDED AS DOCUMENT NUMBER Official Records Williamson County, Texas 4 v Y ,i731 , ' � i� , Q m i in X U H mi I,A p " ' / % fJ - 7C CI N I � ,p ' c illliiiig0 i 4 t� iZ i O D 'Iii i %i1 i�l '= j .A � ' oNZO 6 ., _ t � D .r D�iO1y1 J ICJ 6, Ndlnr-Di 1 0 X1 , g , zo- NiU1= "'f !L) —1 Tu rn o - g 8 in m T 2"-c' „o 553'05"3”W 56.O0 laJ, I, W yt: • \m IO.W 55 10L^ _ 5�_ __ N N53 - 0E;'13' 10: -3 lay w r wN - 0 m WO:lit 7' lP2i 7 -1 0000 1' ©006 r rn (PNN ' -3 - , . , - 0 Wr EEm Please return to: Kathy Miller City of Round Rock Planning Department 101 E. Old Settlers Blvd. Round Rock, TX 78664 11- 19- 2002 11:25 AM 2002091387 MILLER 819.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS , Suite 200 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Callahan Gary Coe City Manager Robert L Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY ADMINSTRATIVE AMENDMENT TO PUD 13 August 9, 2002 Mr. Adam Berlin Area Production Manager Hammond Homes 3429 Executive Center Drive, Suite 100 Austin, TX 75731 RE: Administrative Amendment to PUD 13, Single family building setbacks. for 1807 Briarton Lane Dear Mr. Berlin: Further to your request for an administrative modification of the front yard building setback requirements, I have made the following administrative amendment as provided for by section 12 of the PUD Agreement. 1. Lot 89, Block A, Round Rock Ranch Phase 2 shall be permitted amended streetyard building setbacks as shown on Exhibit A attached hereto. The above amendment is intended to ensure the intent of the of setbacks anticipated by the original provision of PUD 13 is met while accommodating a greater garage setback to reflect the physical limitations resulting from the curved street frontage and the location of ground mounted transformer boxes. Sincerely, James Stendebach, AICP Assistant Director of Planning & Community Development City of Round Rock Planning and Community Development 101 East Old Settlers Boulevard Suite 200 Round Rock, Texas 78664 Phone: 512.218.5428 :Fax: 512 218 3286 wwwn round- rock.tx.us 2002061375 5 Pes THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared James Stendebach, known to me to be the person whose name is subscribed to the foregoing instrument as the Assistant Director of Planning and Community Development of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. ER MY HAND AND SEAL OF OFFICE, this the ° I th day of 2002. ary Public Signature State of Texas AGREED TO BY OWNER MTH Homes, Inc., dba Hammonds Homes THE STATE OF TEXAS COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Wes Peoples, Vice President, known to me to be the person whose name is subscribed to the foregoing instrument as Vice President of MTH Homes, Inc. acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. G UNDER MY HAND AND SEAL OF OFFICE, this the day of 2002. RECORDED AS DOCUMENT NUMBER Official Records Williamson County, Texas Cam\ dC1(4 Notary Public Signature State of Texas 10"11(0 GRLVW 1 w ••■ caviro iV #%Lli• n w.n I n—Iv WaLLO MY iLtlatraVi V111d610 ra/019'9WIOIWYH i0 i714i161X3 gm= av 01 =UMW" '1 =� 0l !10 ailV'JO'1 ;YAWN 101.1.0 a2 vi ..6m an Hl21ON awl NO12Pd1?1G LOGI • all 3nI1V 411iCIHKI T•d LoOQJ snv - summit m. L>•,6m.6es ,190 ,6119s ilb'r "Z2:19 "O2 4021 N31 2196 i �I7 VIN 1O'1 "l )II Ol 521OJL3n2X15 YL'SIYb °b'3zlb' 101 .0[•1 } YV8 LOBO ZooZ /ZO /TO eET :iT ZD'sD lnli • Please return to: Kathy Miller City of Round Rock Planning Dept. 101 E. Old Settlers Blvd. Suite 200 Round Rock, Texas 78664 FILED NC RECORDED OFFICIAL PUBLIC RECORDS Z O8-12 -2002` 03:58 PM 2002061375 SUSAN 817.00 NANCY E. RISTER :COUNTY CLERK WILLIAMSON COUNTY, TEXAS Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Callahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY. ADMINSTRATIVE AMENDMENT TO PUD 13 . August 8, 2002 Mr. Adam Berlin Area Production Manager Hammond Homes 3429 Executive Center Drive, Suite 100 Austin, TX 75731 2002061374 6 r es RE. Administrative Amendment to PUD 13, Single family building setbacks. for 1707 and 1820 Briarton Lane Dear Mr. Berlin:, Further to your request for an administrative modification of the front yard building setback requirements, I have made the following administrative amendment as provided for by section 12 of the PUD Agreement. 1. Lot 66, Block A, Round Rock Ranch Phase 2 shall be permitted amended streetyard building setbacks as shown on Exhibit A attached hereto. 2. Lot 80, Block A, Round Rock Ranch, Phase 2 shall be permitted amended streetyard building setbacks as shown on Exhibit B, attached hereto. The above amendment is intended to ensure the intent of the of setbacks anticipated by the original provision of PUD 13 is met while accommodating a greater garage setback to reflect the physical limitations resulting from the curved street frontage and the location of ground mounted transformer boxes. Sincerel ames Stendebach, AICP Assistant Director of Planning & Community Development City of Round Rock Planning and Community Development 101 Fast Old Settlers Boulevard Suite 200 Round Rock, Texas 78664 Phone' 512 2183428 Fax: 512 218,3286 www ci round- rock.tx.us THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared James Stendebach, known to me to be the person whose name is subscribed to the foregoing instrument as the Assistant Director of Planning and Community Development of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. �{ GIVEN DER MY HAND AND SEAL OF OFFICE, this the t r' day of c�� 2002. / OK • Public Signature State of Texas AGREED TO BY OWNER MTH Homes, Inc., dba Hammonds Homes By: �•1�I�; resident Wes Date: 7 5/ z� THE STATE OF TEXAS § COUNTY OF WILLIAMSON § RECORDED AS DOCUMENT NUMBER Official Records Williamson County, Texas BEFORE ME, the undersigned authority, on this day personally appeared Wes Peoples, Vice President, known to me to be the person whose name is subscribed to the foregoing instrument as Vice President of MTH Homes, Inc. acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. G N UNDER MY HAND AND SEAL OF OFFICE, this the q day of • , 2002. Notary Public Signature State of Texas 08/07/2002 09:38 FAX 4 HAMMONDS - AUS Q4002 N SCALE; 1 20' LOT AREA: 4828.97 S FT SURVEYORS TO VERIFY ALL LOT DATA. S88'08'13 "W 50.00' I I f I 1 -. 15.0' D.E 15.0' S.S.E. ' N N I 20.0' BL y l 5' -0 " 5' -1' N88'06 17 "E 4.88' S89'16'18' E 15.50' EXHIBIT B 1820 BRIARTON REVISED: 8 -7 -02 : RIPPLED HOUSE ARC TABLE ARC LEN. RAD. CHRD. BRG. 'Al' 16.50' 19.86' S65'27'58'E 'A2' 17.41' 19.86' 566'46'41 - E SIDEWALKS PER CITY OR SUBD. REQ. BUILDERS REPRESENTATIVE TO VERIFY ALL LOT DATA, LOCATION OF MANHOLES. STORM SEWERS EASMENTS. AND OTHER INFRASTRUCTURE LOCATED ON LOT. KIPP FLORES ARCHITECTS MAKES NO REPRESENTATION AS TO THE EXISTENCE OF MANHOLES, STORM SEWERS EASMENTS, AND OTHER INFRASTRUCTURE LOCATED ON LOT. •101 NO 42311 al 9iwuOMSYiNNtte li 'acne SID .1117 tool 6>11VM2CIS 7.014.10 QiY'9.01:11.19V7 NIVal1 aii Wf1o19 '991018A'W .10 a0H3L9D( MU 019Y Nouv.Wwo>Ikara1 ON 9x*04 919aLI1170V 9ai10'W i.iml •101 No aa11v001 garil7fAIL5M6041 IGH1.0 0NY'91Naw9va '9a12+99 Wilo19'B7'IONNYW .lo Nouv001 'Y.Y0 101 11v -Wiwi, 01 WALLYLV.797Yi711 910airn U 2NV1 NO.LZYIeJG LOI.I f11.00,61.Z9N ,00'6fi ,3.901 ■3."d, fII�LO,LZ bLN ,0051 ,6Pfil dr, •N9 'Cl r7. ••31 721F> �19b 1 aer ' V 1I9IHX3 , YI D b'S4L�� '1x•58$ ,` II - Ma ,mil AI 0.400 ,91 •3s1 .O3. dl .5£ 'TC9 ■eSL '3Rd ,0 e''NIY2la a. adu. L_ b1+3. 00'04 a,S1i80.88N zb• 9'643. vs bl l� t9S L4'9LI5 "d3Zlb 101 n0 - , 9 'VIVO C 101 11V 01 5Zl0JGA?:If' ,0 I '37/08 Zoo®1 say - saNOIUIVH TVA 84:eo 7.nn ? /Tn /4n Please return to: Kathy Miller O City of Round Rock Planning Dept. 101 E. Old Settlers Blvd. Suite 200 Round Rock, Texas 78664 FIIED R ND RECDRDED OFFICIAL PUBLIC RECORDS . tkrAk 0B- 12- 2002`03:58 PM 2002061374 SUSAN $19.00 NANCY E. RISTER 'COUNTY CLERK WILLIAMSON COUNTY' TEXAS • 2003089466 4 t}es August 6, 2003 Mr. Timothy Timmerman, President Round Rock Ranch, LTD. P.O. Box 163061 Austin, TX 78716 RE: Administrative Amendment to PUD 13, Change of ownership of private utilities Further to your request for an administrative modification to change the ownership of the described private utilities, I have made the following administrative amendment to the PUD 13 agreement. The replacement text, which follows, supercedes the original Section 6.3 of PUD 13: The above amendment is intended to reflect the actual ownership of the private water and wastewater utilities. Sincerely, Jim Stendebach, AICP Assitant Director of Planning and Community Development ADMINISTRATIVE AMENDMENT TO PUP 13 1. 6.3 Maintenance by Round Rock Ranch PUD Utility Company, Inc. Water and wastewater lines within the Land shall be private lines which will be maintained by the Round Rock Ranch PUD Utility Company, Inc. A master meter or meters shall be used to deliver city water in bulk to the Land. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared James Stendebach, known to me to be the person whose name is subscribed to the foregoing instrument as the Assistant Director of Planning and Community Development of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. G N R MY HAND AND SEAL OF OFFICE, this the I L day o 003. blic Signature State of Texas AGREED TO BY OWNER erman. President Round Rock Ranch PUD Util' By: Date: THE STATE OF TEXAS COUNTY OF WILLIAMSON § Inc. BEFORE ME, the undersigned authority, on this day personally appeared Timothy Timmerman, President, known to me to be the person whose name is subscribed to the foregoing instrument as President of Round Rock Ranch PUD Utility Co., Inc. acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the !p day of 2003. RECORDED AS DOCUMENT NUMBER Official Records Williamson County, Texas Itaktrakcht 3. Notary Public Signature State of Texas ■ AGREED TO BY OWNER o 4 1 k ,O LU- 13al. ,U , 1111 ' Round Rock Ranch Homeowners Association THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared (INSERT NAME), President, known to me to be the person whose name is subscribed to the foregoing instrument as President of Round Rock Ranch Homeowners Association acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. G UNDER MY HAND AND SEAL OF OFFICE, this the 6 day of 2003. ' gtkPlRP RECORDED AS DOCUMENT NUMBER Official Records Williamson County, Texas FILED AND REED OFFICIAL PUBLIC RECORDS 09- 11- 200302:54 PM 2003089466 CARRILLO $15.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS ota Public Signature State of Texas Barry R. McBee. Chairman R. B. 'Ralph" Marquez, Commissioner John M. Baker, Commissioner Dan Pearson, Executive Director Timothy Timmerman, President Round Rock Ranch PUD Utility Company, Inc. P.O. Box 163061 Austin, TX 78716 Sincerely, On Gloria A. Vasquez Chief Clerk GAV\da Enclosure z -d( - off 46 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ti ti- 3 Protecting Texas by Reducing and Preventing Pollution June 21, 1996 RE: ROUND ROCK RANCH PUD UTILITY COMPANY, INC. Application Nos. 31078 -C, 31079 -C; CCN Nos. 12797, 20805 RECEIVED JUN 2 5 1996 Wt Enclosed is: (1 a certified copy of a Commission Order setting rates. (1 a copy of a Certificate of Convenience and Necessity (CCN). () a certified copy of a Commission Order regarding the referenced matter. % copy of a Commission Order issuing, amending, transferring, canceling or decertifying a Certificate of Convenience and Necessity (CCN). If applicable, the CCN is also attached. Should you have any questions, please contact Deanna Avalos in the Office of the Chief Clerk at (512) 239 -3327. cc /w enclosure: City of Round Rock; 221 E. Main St.; Round Rock, TX 78664 Stephan L. Sheets, Attorney; Sheets & Crossfield, P.C.; 309 E. Main St.; Round Rock, TX 78664 -5246 P.O. Box 13087 • Austin, Texas 78711.3087 • 512/239-1000 printM an ,•g.d Fen vunl nybued ink THE STATE OF TEXAS TEXAS NATURAL RESOURCE CONSERIVATICWOMMISSION I hereby certify that this is a true and correct copy of a Texas Natural Resource Conservation Commission document which is filed in the permanent records of the Commission. Given under my hand and the seal of office on IN THE MATTER OF THE APPLICATION OF ROUND ROCK RANCH PUD UTILITY COMPANY, INC. FOR A WATER CERTIFICATE OF CONVENIENCE AND NECESSITY AND SEWER CERTIFICATE OF CONVENIENCE AND NECESSITY IN WILLIAMSON COUNTY, TEXAS APPLICATIONS NOS. 31078 -C AND 3107 A. Vasquez. Chief Cierk .c11 Texas Natural Resource Conservation Commission BEFORE THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION § ORDER No person has requested a public hearing on the application; Notice of the application was given all affected and interested parties; • The criteria set forth in Section 13.246(c) have been considered; and JUN 2 1 1996 On ` 0 7 , the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Chapters 5 and 13 of the Texas Water Code considered the applications of Round Rock Ranch PUD Utility Company, Inc. for a water Certificate of Convenience and Necessity and sewer Certificate of Convenience and Necessity in Williamson County. The City of Round Rock has agreed to dual certification with Round Rock Ranch PUD Utility Company, Inc. Granting the application is necessary for the service, accommodation, convenience and safety of the public. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION that the application is granted and water Certificate of Convenience and Necessity No. 12797 and sewer Certificate of Convenience and Necessity No. 20805 are issued to Round Rock Ranch PUD Utility Company, Inc. in accordance with the terms and conditions set forth herein and in the certificate. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION CERTIFICATE OF CONVENIENCE AND NECESSITY To Provide Water Service Under V.T.C.A., Water Code and Texas Natural Resource Conservation Commission Substantive Rules Certificate No. 12797 I. Certificate Holder: Name: Round Rock Ranch PUD Utility Company, Inc. Address: P. 0. Box 163061 Austin, Texas 78716 II. General Description and Location of Service Area: The area covered by this certificate is located approximately 9 miles solttheast of downtown Georgetown, Texas on Gattis School Road. The service area is generally bounded on the north by Brushy Creek, on the south by Gattis School Road, and on the west by Round Rock Ranch Boulevard in Williamson County, Texas. Dual Certification exists with the City of Round Rock (Certificate of Convenience and Necessity No. 11047). III. Certificate Maps: This certificate is issued under Application No. 31078 -C and subject to the rules and orders of the Commission, the laws of the State of Texas, conditions contained herein and may be revoked for violations thereof. The certificate is valid until amended or revoked by the Commission. Issued Date: The certificate holder is authorized to provide water service in the area identified on the Commission's official water service area map, WRS -246, maintained in the offices of the Texas Natural Resource Conservation Commission, 12015 Park 35 Circle, Austin, Texas with all attendant privileges and obligations. JUN 0 71996 ATTEST �CQnu TEXAS NATURAL RESOURCE CONSERVATION COMMISSION CERTIFICATE OF CONVENIENCE AND NECESSITY To Provide Sewer Service Under V.T.C.A., Water Code and Texas Natural Resource Conservation Commission Substantive Rules Certificate No. 20805 I. Certificate Holder: Name: Round Rock Ranch PUD Utility Company, Inc. Address: P. 0. Box 163061 Austin, Texas 78716 II. General Description and Location of Service Area: The area covered by this certificate is located approximately 9 miles southeast of downtown Georgetown, Texas on Gattis School Road. The service area is generally bounded on the north by Brushy Creek, on the south by Gattis School Road, and on the west by Round Rock Ranch Boulevard in Williamson County, Texas. Dual Certification exists with the City of Round Rock (Certificate of Convenience and Necessity No. 20421). III. Certificate Maps: This certificate is issued under Application No. 31079 -C and subject to the rules and orders of the Commission, the laws of the State of Texas, conditions contained herein and may be revoked for violations thereof. The certificate is valid until amended or revoked by the Commission. Issued Date: The certificate holder is authorized to provide sewer service in the area identified on the Commission's official sewer service area map, WRS -246, maintained in the offices of the Texas Natural Resource Conservation Commission, 12015 Park 35 Circle, Austin, Texas with all attendant privileges and obligations. JUN 0 7 1996 ATTEST4-eay.z4d GL.7/ u�{ For the Commission THE STATE OF TEXAS COUNTY OF WILLIAMSON * OF ROUND ROCK riff idatICORD 'Vd1 S9td 691 ItYollEat 4 : 4 , 17 %A ' 06-09- _ DOC# 9524866 () I, JOANNE L D, Assists t C ty Maer /City S cretary of the City of Round Rock, Texas, do ereby ce 'f that t %; ab• and foregoing is a true and correct copy of an +'finance p. nd adopted by the City Council of th the City of Roun two meetings held on the I I — day of — day of 77 , 19 95 which is e City of Round Rock in Book 33 . recorded CE 4 TIFI . my h nd and seal of the City of Round Rock, Texas on this 3 , 19 95: u " . " c �• ANNE LAND 1 _ ssistant City Manager/ • 1 City Secretary TEXAS: KS /ORDINANCE OR50511G.3 ORDINANCE NO. Z - 95-05-,25 AN ORDINANCE ADOPTING THE FIRST AMENDED DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT NO. 13, WHICH WAS CREATED IN ORDINANCE NO. Z- 94- 06- 09 -8B; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Development Plan attached as Exhibit "B" to Ordinance No. Z- 94- 06- 09 -8B, which created the Planned Unit Development No. 13, is hereby amended by adopting the First Amended Development Plan for Planned Unit Development No. 13, which shall read as follows: FIRST AMENDED DEVELOPMENT PLAN FOR PUD. NO. 13 This Agreement ( "Development Plan ") made the � 5 ' day of , 19 C 15, between the City of Round Rock, Texas, having i s offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City ") and Round Rock Ranch Ltd., its successors and assigns, who address for purposes hereof is (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Round Rock Ranch Ltd., its successors and assigns; provided, however, upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Round Rock Ranch Ltd. as to.such property shall be assigned by the new owner, and Round Rock Rarich Ltd. shall have no further liability relating to such property. WHEREAS Developer has requested a Planned Unit Development from the City for the development of 16.68 acres of land for a Single family small lot garden home development on a tract of land located within the corporate limits of the City and 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 forms the concept plan for this land, the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on April 21, 1994; 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; WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Developer covenant and agree as follows: 1. LIEN HOLDER CONSENT The lienholder of record has consented to this agreement and any dedications agreed to herein. The lienholder consent is attached hereto as EXHIBIT "B" and incorporated herein. 2. DEVELOPMENT AND LAND USE The 16.68 acres shall be divided into two separate tracts designated as Development Area 1 and Development Area 2. The Development Areas 1 and 2 shall be referred to collectively as " The Land ", which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. A portion of the Land will be dedicated to the public as right of way for Round Rock Ranch Boulevard at the time of final plat. Development Areas 1 and 2 may be developed simultaneously or one may be developed before the other. Additionally, each Development Area may itself be developed in phases. 2.1 Development Area 1 Development Area 1, consisting of 8.59 acres shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 1 shall consist of a maximum of 53 dwelling units, as well as parking, greenbelts, recreational amenities, and other accessory uses. 2. 2.2 Development Area 2 Development Area 2, consisting of 7.73 acres and 0.36 acre portion to be dedicated to the public as right of way, shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 2 shall consist of a maximum of 42 units, as well as parking, greenbelts, recreational amenities and other accessory uses. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed 6.0 units per acre, totaling a maximum of 95 total units for Development Areas 1 and 2. The minimum lot size shall be 3500 square feet. 4. ALTERNATIVE DEVELOPMENT 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum building setback requirement along Gattis School Road and Round Rock Ranch Boulevard right of way shall be 25 feet, and no single family lot shall have direct access to Gattis School Road or Round Rock Ranch Boulevard. 4.1.2 The Round Rock Ranch amenity, shown'as the 1.463 acre tract on Exhibit "C ", is not located within this Planned Unit Development and is not part of this PUD. This amenity, however, will be available for use to the entire Round Rock Ranch Development, including the homeowners located within this Planned Unit Development. 4.2 Setbacks 4.2.1. Except as stated elsewhere in this agreement, minimum setbacks shall be 15 feet from the street curb to the front of a unit. 4.2.2. Each unit shall be a minimum of 10 feet apart. No common wall development is allowed under this agreement. 4.2.3. All lots along the perimeter of Development Areas 1 and 2 shall maintain a 20 foot setback from the northern property line of Development Areas 1 and 2 and a 25 foot building setback from all perimeter roadways. 3. 4.3 Greenbelts 4.3.1. The greenbelt as depicted in Exhibit "C ", shall be a common area owned, maintained and controlled by the Homeowners Association. The greenbelt will consist of one lot designated as common area which shall include public utility easements, drainage easements, and fence, landscape and greenbelt easements. The lot depths and the rear lot line and easement placement will be established at time of platting, and subject to and approved by the Director of Planning. The owner will be responsible for landscaping the greenbelt. Exhibit "I ", attached hereto and incorporated herein, shows general depiction of the greenbelt layout. 4.3.2. Since some, but not all, lots will abut the greenbelt, the minimum width of the greenbelt shall be 20 feet, and each lot owner in Development Areas 1 and 2 will have access to all of the greenbelt. The 1.463 acre tract described in Section 4.1.2 above , to be used as an amenity for the entire Development, will be connected to the greenbelt. 4.3.3. The internal fencing of the greenbelt will be a wood, masonry and /or steel type not to exceed 4' in height to maintain a feeling of openness. No chain link or fencing will be allowed along the greenbelt areas. See Exhibit I. 4.3.4. An open space area approximately 45 to 125 feet wide containing drainage and greenbelt shall be located between Development Areas 1 and 2. Passive recreational activities such as playscape, picnic areas, benches and /or gazebos may be located within this area. 4.4 Sidewalks and Pathways In lieu of constructing sidewalks along Gattis School Road, the developer will provide additional landscaping and fencing along the perimeter boundary street. The City of Round Rock will construct sidewalks after the roadway expansion is completed. A three foot sidewalk shall be located on the side of the street where all perimeter lots are located. No sidewalks are required on internal lots which abut the greenbelt or on the east side of the cul -de -sac located opposite the amenity center. (See exhibit "C" for sidewalk locations). Numerous pedestrian walkways shall be located in and along the greenbelt. Since the emphasis of this PUD concept is internal, pedestrian activity will be directed away from front yards and the streets and placed in the landscaped areas of the greenbelt. These walkways will be constructed of 4. crushed, washed or decomposed granite or crushed brick placed on a compacted sub - grade. The benched areas will be located in the center greenbelt along the common area between Development Areas 1 and 2, as described in Section 4.3.4, above. 4.5 Fencing The perimeter fence treatment shall be a combination of wood, woodcrete or masonry with iron and steel. The owner reserves the right to combine the woodcrete with some combination of wood in the perimeter fence, subject to review and approval by the Director of Planning. If this option of Wood /Woodcrete is constructed, metal or steel posts will be used for increased strength and durability. The perimeter fence will be approximately 6 feet tall and provide security for the home owners. The internal fences will be made of aluminum, iron, masonary, wood or steel. The entire greenbelt will be fenced in between the units, with the rear yard or courtyard of the unit being located along the lot line of the greenbelt. Chain link fences will not be allowed. "See Exhibit "H & I" attached. 4.6 Screening The screening of the property along Gattis School Road and Round Rock Ranch Boulevard shall be comprised of a six foot wood, woodcrete and masonry steel or wrought iron fence, ten large shrubs per 50 foot offset fencing section and one, 1 -1/2" caliper tree for each lot which abuts along Gattis School Road and Round Rock Ranch Boulevard. "See Exhibit "H" attached." The interior greenbelt shall have one 1 34 inch caliper tree to be planted at a minimum of 50 foot intervals. (See exhibit I.) 4.7 Single Family Lots The minimum width of any single family lot shall be 50 feet. The minimum depth of any single family lot shall be 65 feet. The minimum single family lot shall be 3500 square feet. The typical lot size will be 50 feet x 100 feet. The typical greenbelt size will be,20 feet. See Exhibit "D" attached. 4.8 Buildings 4.8.1 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 5 foot sideyard setback, and be between 45 feet - 65 feet in depth. See Exhibit "I" attached. 4.8.2 The front and rear facade will be constructed of 100% masonry materials, excluding gables, doors, vents, recessed second story walls, and trim. 5. 5. STREETS & OFF STREET PARKING 5.1 Streets 4.8.4 Garages 4.8.6 Patios All other portions of the building exterior will be constructed of at least 70% masonry materials. No 4 foot x 8 foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4.8.3 Front entries with porches /patios constructed of wood trim will be acceptable. All buildings shall include two -car garages facing directly on the street. These garages are to be set back a minimum of 22 feet and a maximum of 25 feet from the curb. Driveways will maintain a minimum 18 feet in width to adequately accommodate 2 guest parking spaces. No garages shall be converted into bedrooms, studies, dens or any living areas for occupants with the exception of model homes. Any garage conversions in model homes shall be restored to the intended use as a garage prior to occupancy as a single family residence. 4.8 5 Roofing Materials Roofing Materials will be limited to. 300 lbs. /30 year high quality composite laminated raised profile shingle, tile, Timberline style or • Hardiplank style materials. No wood or non - Timberline style, composite shingles will be allowed. Roof pitch shall be encouraged by the deed restrictions and the architectural control committee to be at slight grades from the garage to the second story unit. All patios will be structurally connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and the setback depth. The internal streets will be private and maintained by the Homeowners Association. The width of the local internal street will be 27 feet of pavement, 28 feet curb to curb. The entry streets are detailed in Exhibit "F" attached. 6. Entry streets will have security gates for restricted access. The roadway following the divided entry street in Development Area 1 shall be designed as a 30 foot paved section, 31 feet curb to curb. Each dead end street will be terminated by a cul -de -sac turnaround with a 30 foot turning radius. The Homeowners Association will be required to finance all repairs and standard maintenance of the streets after the two year contractors warranty bond expires. Funding shall be provided by a monthly assessment established as a sinking fund for street maintenance. See Exhibit "E" attached. 5.2 Off Street Parking Two to four off - street visitor parking lots will be located in each cul -de -sac. There will be a total of twelve (12) off - street parking facilities for the entire development. Parking along the internal roadways will be limited to one side of the street only and set forth in deed restrictions of the subdivision. Small signs shall notify visitors and guest of the parking arrangements and restrictions at the entries and median locations. No recreational vehicles, boats or trailers will be allowed to be parked in any street or driveway within the entire development. The 12 off street parking facilities will be reserved specifically for guests only. Boats, trailers or recreational vehicles may not occupy any of these visitor parking spaces. See Exhibit "E" attached 5.3 Entry Roadway Both entry roadways for Development Areas 1 and 2 will be designed with divided landscape medians, 30 foot turnarounds, side drive mailbox kiosks and stamped concrete. Any other additional entry structures must be approved by the city attorney, Director of Public Works, the Director of Planning, and continued in an approved licensing agreement. See Exhibit "F" attached. 5.4 Security Gates Security gates will be installed at each entry. Property owners will be provided with an electronic gate opener (similar to a garage door opener) and an alt2rnative code number for entrance in case the electronic opener malfunctions. At the entry next to the mailbox kiosk will be a call box with residence listing. This will provide visitors access to the PUD. The gate code will be given to all utility, emergency and post office officials for access into the PUD. For specific emergency and fire situations, construction of the gate will be designed to allow "crash" entry.-See Exhibit "F" attached. 7 5.5 Landscaped Medians Landscaped medians located along local cul -de -sacs will be no wider than 6 feet and approximately 12 -18 feet long. Road pavement sections along both sides of the median will be 14 feet wide for acceptable reverse sight distances. Landscaping materials and berms in the median shall maintain a low level height of approximately 4 foot for visibility. 5.6 Refusal of City to Accept Street and Utilities Owner hereby acknowledges and agrees that since the streets and utilities provide herein area are not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any of said streets and utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 6. UNDERGROUND ELECTRIC AND UTILITY LINES 6.1 Except where approved in writing by the Director of Public Works all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. No rooftop antennas will be allowed in the entire PUD. 6.2 Public Utility Easements All water, wastewater, gas and stormsewer lines will be located inside the 26 or 30 foot pavement section, unless otherwise approved by the Director of Public Works. Electric, telephone, cable line and transformers will be located in the greenbelts at all possible places. The greenbelts shall be designated P.U.E.'s with electric, phone, cable and transformers located within these areas. Each utility has been designated a standard assignment as shown in exhibit "G" attached. 6.3 Maintenance by the Homeowners Association Water and Wastewater line within the Land shall be private lines which will be maintained by the Homeowners Association. A master meter or meters shall be used to deliver city water in bulk to the Land. 6.4 Refusal of City to Accept Utilities Owner hereby acknowledges and agrees that since the utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any utilities 8. for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 7. EMERGENCY FIRE ACCESS Emergency fire access will be provided by an all weather aggregate, decomposed granite or crushed brick driveway connecting both cul -de -sacs between Development Area 1 and 2 for through access for emergency vehicles. This drive will be 18 -20 feet in width and will cross the greenbelt and drainage channel for direct access through the entire PUD. The City of Round Rock Fire Department will review and approve construction plans for this driveway 8. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for Development Areas 1 and 2. These Restrictions shall specifically provide for the following: 8.1 Vehicle Parking To the extent reasonably practical, the property owner shall, limit, or prohibit the use of any parking on one side of the local internal streets. Boats trailers, buses and recreational vehicles shall not be allowed to park on any street, driveway or guest parking space. Vehicle parking restrictions will be policed by the Homeowners Association's authorized representative or the declarant. 8.2 General Signage Standards All entry monumentation visible from Gattis School Road shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a Signage is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made with the five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged.to the signed owner. Prohibited signs include permanent''bench signs; billboards; signs with flashing or blinking lights or mechanical movement; dayglo colors signs that make or create noise; animated or moving signs; exposed neon illumination; painted wall signs; pennants; trailer signs; signs with beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials for the design shall be made of natural stone or masonry with a height limit equal to that of the 6 foot fence. The Homeowners Association will own and maintain all entry signs associated with the PUD. 9. 8.3 Homeowners Association A Homeowners Association will be established at the time of final platting. The Association documents will be submitted for review and approval by the Director of Planning and City Attorney at the final plat stage. The mechanism for funding and collection of fees for the Association will be detailed to the satisfaction of the Director of Planning and the City Attorney prior to the final plat approval or recordation. The Association will maintain all areas within the Development Area except private lots. The declarant "Owner" shall maintain control of the Homeowners Association until 75% of the building sites are sold. Once home - building commences the declarant shall have the voting approval ratio of 5 to 1 over individual lot buyers. Upon 75% of the homesite sold, the declarant shall concede total control to the Homeowners Association. 8.4 Architectural Controls 8.4.1 Roofing materials shall be constructed of 300 lbs. high quality laminated raised profile composite shingle, tile, Timberline style or Hardiplank materials. Front and rear facade shall be a minimum 100% masonry. The remainder of the house shall be at least 70% masonry or a stucco type material. Composite roof materials will not be allowed with the exception of 8.4.1. No 4 foot x 8 foot cedar wood panels shall be used for Siding. Only washboard style or other quality wood materials shall be used. An architectural control committee shall be established at the final plat stage. The "declarant" owner shall be in charge of the architectural standards and reviewing plans for the PUD until 75% of the homesites are sold. Upon 75% of the homesites sold, the declarant shall hand over total control to the Homeowners Association, of which will elect a three person board for review. This process will be given more detail within the deeds and restrictive covenants at the final plat stage. 8.4.2 This project will be designed and constructed in 2 development areas. Each development area may produce a distinct or different architectural type to identify itself. However, for consistency in product and overall protection of home values, there will be a standard (1 or 2) theme color for the houses, standard design, (i.e.: roof pitch, roof materials) and concept, (i.e.: sideyard entries) for the entire PUD. There may be 4 -6 variations of this design standard, such as 4 different floor plans, but the concept and the 10. building type will remain consistent throughout the entire development. 8.5 The Homeowners Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to enforce any provisions of this agreement, it is not the intent of this agreement for the City to assume any responsibilities. normally reserved to a Homeowners Association. 9. APPLICABILITY OF CITY ORDINANCES 9.1 Zoning and Subdivision 9.2 All other Ordinances 10. DESIGNATED CONCEPT PLAN This entire PUD ordinance constitutes the Concept Plan for Development Areas "1" and "2" required by the City Subdivision Ordinance. Such concept plan is hereby approved by the City. 11. COMPATIBILITY The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement. This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 12. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council. any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the 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 own discretion, determine what constitutes a substantial change. 11. 13. DEFINITIONS Definitions shall be defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 14. EXHIBITS Exhibits "A" through "J" attached are part of this Agreement and incorporated herein. 15. 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 the Agreement nor any provision hereof may be waived, modified, amended, discharge, 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 land affected by such waiver, modification, amendment, discharge or termination. 16. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 17. 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. 18. 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 serverable and shall not invalidate this Agreement. In such an 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, 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. 12. 19. GENDER OF WORDS ATTEST: 20. BINDING EFFECT DATE: Words of any gender shall include the other gender where appropriate. The Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 21. 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. 22. COUNTERPART EXECUTION This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. 23. 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. ,yvt, 8 } 1995 DATE: (-) - 1 CI A S 13. CITY OF ROUND ROCK, TEXAS BY Charles i:epper, Mayor Round Rock Ranch, Ltd. a Texas " it -d Partnership Ti J immerman, President THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledges) before me on the gtio day of C , ,{/yl:�i . 199' by Charles Culpepper, Mayor of the City of Round Rock, Texas. o p b CHRISTINE R. MARTINEZ &Or; NIA,. Soo ° N.. IV Cowl:NonEpnwDROV THE STATE OF TEXAS COUNTY OF WILLIAMSON ....- .6\ VIRGINIA M. MORENO ,> Texas Public, State of Tes At/ Camta'sx,E Wes Jan. 11, 11188 Notary Public, State of Texas Commission Expi es: 8 6 Name Printed: CaiSDAZ C.. MACT/iJ6z This i trument was acknowledg d before me on the day of al... , 19y Tim Timmerman, President of Round Rock Ranch, Ltd., a Texas Limited Partnership, on behalf of said corporation. Nota Public, State Commission Expires: Name Printed: II. 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. 14. READ, PASSED, and ADOPTED on first reading this day of , 1995. Alternative 2. READ and APPROVED on Th ATTEST: READ, APPROVED day of U I , 1995. 1995. Il E LAND, City Secretary first reading this the and ADOPTED on second reading this the _ CHARLES CUL EP1 R, Mayor City of Round Rock, Texas 15. 11 day of _ March 17, 1994 EXHIBIT A Page J. of 3 ZONING TRACT DESCRIPTION % FIELD NOTE DESCRIPTION OF THAT CERTAIN TRACT OR PARCEL CONTAINING 16.680 ACRES OF LAND OUT.OF THE PRIOR A. HOLDER SURVEY, ABSTRACT NUMBER 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 16.680 ACRE TRACT BEING MORE FULLY DESCRIBED AS BEING ALL OF THAT CERTAIN CALLED 4.892 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO ROUND ROCK RANCH J.V. LTD. OF RECORD IN VOLUME 2217, PACE 672 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 36, BLOCK M, ROUND ROCK RANCH PHASE ONE SECTION ONE, A SUBDIVISION OF RECORD 1N CABINET J, SLIDES 139 -141 OF THE WILLIAMSON COUNTY PLAT RECORDS, SAID 16.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the Nbrth Right -of -way line of Gattis School Road said iron rod found being the southeast corner of Lot 13, Block "M ", Round Rock Ranch, Phase One, Section One, a Subdivision of record in Cabinet "J ", Slides 139 -142 of the Plat Records of Williamson County, Texas, same being the southwest corner of the said called 4.892 acre tract described in Volume 2217, Page 672 of the Williamson County, Texas Deed Records THENCE N ° 07'17 "E a distance of 421.89 feet with the North Right - of -Way line of Gattis School Road as dedicated by the said Round Rock Ranch, Phase One, Section One Subdivision to an iron rod found for the southeast corner of the said called 4.892 acre tract, same being the southeast corner of the herein tract, same being on the West line of that certain 13.729 acre tract described in a deed to Custom Homes of Record in Volume 1084, Page 129 of the Williamson County Deed Records; THENCE NO ° 08'42 "W a distance of 508.68 feet departing. said North Right -of -Way line of Gattis School. Road and with the said West line of the 13.729 acre Custom Homes tract to an iron rod found for a northeast corner of the herein described tract at a point of curvature of a nontangent curve to the left, said iron rod being the most Southerly point of Lot 49, Block "H" of the said Round Rock Ranch, Phase One, Section One Subdivision; THENCE with the southerly line of the said Round Rock Ranch, Phase One, Section One Subdivision, the following five (5) courses and distances; 1). with a curve to the left containing the following elements, a radius length of 508.48 feet, an arc length of 109.03 feet and whose chord bears N33 °4646 "W for a distance of 108.82 feet to an iron rod found on the East Right -of -way line of Round Rock Ranch Boulevard 2). S ° 34'27 "14 for a distance of 76.27 feet with the terminus of the said Round Rock Ranch Boulevard to an iron rod found for the southeast corner of Lot 35, Block "M" of the said Round Rock Ranch, Phase One, Section One subdivision; 3). S50 ° 01'42 "w a distance of 158.60 feet to an iron rod found at a point: of intersection on the rear of Lot 34, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision; 4). S for a distance of 173.63 feet to an iron rod found on the rear line of Lot 32, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision, same being the northeast corner of the aforesaid Lot 36 and the northwest corner of the said called 4.892 acre tract; 5). S ° 07'58 "E for a distance of 874.28 feet along the North line northwest corner of of the aforesaid Lot 36 to an iron rod found for the most northerly the herein described northeast corner of aproposed1.463acre amenities same tract the said Lot 36; THENCE upon and across the said Lot 36 with the east and south lines of the said amenities tract the following two (2) courses and distances 1). S17 °22'34 "W for a distance of 205.00 feet to an iron rod found; 2). N ° 40'16 "w for a distance of 280.00 feet to an iron rod found on the curving East Right -of -Way line of Round Rock Ranch Boulevard for the southwest corner of the proposed amenities tract and the most wesi.er-ly northwest corner of the herein described tract; THENCE with a curve to the left containing the following elements, a radius length of 550.00 feet, an arc length of 99.14 feet, and whose chord bears S03 °18'05 "W for a distance of 99.01 feet to an iron rod found at a point of tangency on the said East Right -of -way line of Round Rock Boulevard; THENCE Su1'•51'49"E for a distance of 23G.29 feet to an iron rod found al a point of curvature on the said East Right -of -way line of Round Rock Boulevard; Page 2 of 3 THENCE; with a curve to the left containing the following elements, a radius length of 20.00 feet, an arc length of 31.38 feet and whose chord bears S ° 57'12 °E for a distance of 28.26 to an iron rod found for a point of tangency on the North Right -of- way line of Gattis School Road; THENCE N ° 08'31 "E for a distance of 1196.85 feet along the said North Right -of -Way line of Gattis School Road to the POINT OF BEGINNING; CONTAINING 16.680 ACRES OF LAND. The undersigned does hereby certify that the foregoing description represents the results of a survey made on the ground in August of 1993 under my supervision according to law and that it is true and correct to the best of my knowledge and belief. Dennis E. Unde Registered Professional. Land Surveyor No. 4423 Page 3 of 3 EXHIBIT B TI (ERE ARE NO LIENHOLDERS OF RECORD 1 11 .35 35 3;1, 37 `Jb' - -5 - -' se cxassnn 1 1 I y 1 J> I 30 I 17 • •1 - — r • • 35 3. 4 A ▪ 3i i 3 " i - �v v s'a= y �y ` ` ` s3 1I TT -7- 1 t \ lOT 96' .92 • ' 91 90I ` ‘ 9 66, 6 t, 66( � i Irin/ I sr K , � j, • I • 6 Y - - - 84 _..4.,...143.1, • I. l ,` - 1 x , p• � � - ill 'T I-4,-. c 1 - 1 1 d / ]� )b 76 ]9 eD � I 8r , e� q3 ! I y `�+ N. 945808214. ox t . 825.0 Nry 1 — ` . 7, 69 , 65 , j 66 1 1 , ININD 3 , I `1 I 1-__L" fir ,- � -�' -- '�T 05 - _ _ _ _ 1 • .,4 — 4 e. 1 1- - - _ 12 �. 1 5 - i L -1- - _ e - _- StOau 96 k Pot 5 .9a 1`16 .�CR5S AY& I es I 55 L'%_ I� 6 5 t I 6f IaI A T �. 6 ' Q' 4' OATHS SCHOOL ROAD (100' ROW) 4 0 LAND S . /D •/ •/ t 2 • . j A MENAFY AREA •" ` Y 1821 RAT 1 ` • � Ear I0 0 , ` 1.: • e DON 1•40 1 I I 1 • Ii a I a ■ 11 / .2 13 6I L. -m.50 ccurt - - rut NOON? MOON? s2 6 a ae m 8 A_ s 15••5 - 26p LANDSCAPED ISLANDS FENCED GREENBELT 0. c S6 59 6v 1 61 1 ' 621 E - - I I 1 C 'S � CH00L ROAD / 6 .0 L' 1 • PRELIMINARY SITE PLAN - , BLOCK 'L; 1 ` / I 1 1 / 1 I : / 15 I I 17 1 to ■ ■ ■ 16 ROUND R RANCH D ' 1 ' ' PHASE ONE SECTION ONE ' 22 ' 2 ` - -` -. . " 72 BLOCK 'M' ', .- DE ELOPMENT AREA 1 DEVELOPMENT AREA 11 26 21E CON ...... i ...... 0•858 SO7•47 CO5[ 9 27 .' ie�l'E� 2e I 29 GUEST PARKING EXTERIOR FENCING / 50 i 1 I a0 • 90'P85& DRAINAGE CA55855I0 I— + y' 4M C r[ 5 I A H 2 W ROUND ROCK RANCH P.U.D. ---µ- EMERGENCY FIRE ACCESS ONLY PATIn unnnce THE FENCE AT THE RE 1R OF THE UNIT CONNECTS TO AD • I VG UNIT FOR GREENBELT 40' MAXIMUM WIDTH FOR HOMES 50' MINIMUM WIDTH FOR LOTS l 4 EXHIBIT D 5' SIDEYARD SETBACK - BOTH SIDES VINE PNT Ccr, s nn ..t.. COL: DE SAC DETAIL Q 0, 4. • 8.5' 27' Pavement 28' Curb To Curb 2 -3 OFF STREET PARKING SPACES EMERGENCY FIRE ACCESS Landscaped Median 25' Pavement Min. EXHIBIT E ROUND ROCK RANCH P.U.D. i ( VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 SECURITY GATES 30' RADIUS TURNAROUND LANDSCAPED M ENTRY MONUMEN 1 ENTRY DESIGN a VINCENT GERARD AND ASSOCIATES • ROUND ROCK RANCH PUD s' PUE GAS •f UTILITY ASSIGNMENTS PRIVATE STREETS 28' CURB TO CURB WASTEyATERI STORMSEWER 4 • 1. CABLE ELE�TRIC , PHONE EXHIBIT G 6' PUE VINCENT GERARD AND ASSOCIATES a 102 Westlake Drive, Sufte 100, Austin. Texas. 7874e EXHIBIT H iI a tf jai • �� 011 u Ill !' • (hu TIC f 'ql -� iMiiiiiiiiiii' ►�':'�!�1� �s ROUND ROCK RANCH PUD 50' 50' GATTIS SCHOOL. ROAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET BETWEEN SECTIONS 50' VINCENT GERARD A ASSOC./Tie LAND PLANNING CONSULTANTS to wit,. M MN Ir. un■ mu (IiA) lv-1NA 1 EXHIBIT I TREES PLANTED @ 1 PER 50' OR EQUIVALENT t 'I - STREET VINCENT GERARD ASEOCIATES LAND MADDING CONSULTANTS 1,1311.■ /41111“. 114 0171 3211-160 & shays BEE? GREENBELT • 3: ...Wt. BACKYARD • MEANDERING PATHWAY (erushod Or wrISI1Od grrinflO) SCHEMATIC GREENBELT & GARDEN HOME LAYOUT - 4 MAX. HEIGHT NG GREENBELT SIDE YARD 5' I BOTH SIDES cc; ROUND ROCK . RANCH PUD TYPICAL LANDSCAPED MEDIAN DETAIL PRIVATE STREETS. 28' Curb to Curb 40' EXHIBIT J 4' 6 PUE C1ATr� a 102 Westlake Drive, Suite 100, Austin, Texas, 78746 YU ENT GERARD ANn eSSO c. __ R24.0 f>nb1gU2lL)fi Dad : 9524866 Rec. $ 65.00 Date : 06-19 -1995 Tile • 12:57:59 P.M. Filed 8 Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK THE STATE OF T EXAS COUNTY OFWILLIAIMSON This Is to certify that this docamert l'17,3 FLED zod RECORDED In the OUklal 7uhlle Records of Waltzes= Cotmty,Teees on the date and time stooped thereon. ed COUNTY CLERK WILLIAMSON COUNTY, WAS atezt- kw/AA 64. EURViu‘ nl r 1 7S14 , / r' t PUD No. 13 (Round Rock Ranch) 16.68 Acres ORDINANCE NO. Z- l `t - 0 (0 -O9 - 8 L3 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES, 1990 EDMON, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE LOT 36, BLOCK M, ROUND ROCK RANCH SECTION ONE FROM DISTRICT MF (MULTI FAMILY ) AND 4.897 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C -2 (LOCAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) DISTRICT NO. 13. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone the property described in Exhibit "A" from District MF (Multi Family) and from District C -2 (Local Commercial) attached hereto and incorporated herein, to District PUD (Planned Unit Development) No. 13 and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 21st day of April, 1994, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to District PUD (Planned Unit Development) No. 13 and, WHEREAS, on the 12th day of May, 1994, 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 and Chapter 11, Code of Ordinances (1990 Edition) City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Dept nisc.iads- xoUP&cornuo 13 1 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. PUD No. 13 (Round Rock Ranch) 16.68 Acres That the City Council has hereby determined the PUD (Planned Unit Development) District No. 13 meets the following goals and objectives: (1) The development in PUD No. 13 is equal to or superior to development that would occur under the standard ordinance requirements. (2) PUD No. 13 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) PUD No. 13 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) PUD No. 13 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) PUD No. 13 will be developed 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" attached hereto and incorporated herein be changed to District PUD (Planned Unit Development) No. 13, 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 govern the development and use of said property. Dept riords- xesolmec:omuo 13 2 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. READ, PASSED, and ADOPTED on first reading this day of 1994. Alternative 2. READ and APPROVED on first reading this the OS — day of - 1994. READ, APPROVED and ADOPTED on second reading this the ,1994. ATTEST: PUD No. 13 (Round Rock Ranch) 16.68 Acres /'os6,er A.,57 Dept MIsciords- RvouP&CD/F D 13 3 • Ci Round Texa qt' day yor Pi O- 7-6/-r) Round Rock Ranch DEVELOPMENT PLAN PUD Number 13 Exhibit "8" to City of Round Rock Ordinance No. This exhibit contains 15 pages and 10 Exhibits PUD No. 13 This Agreement ( "Development Plan") made the '7 n day of 1994, between the City of Round Rock, Texas, having its offices at 22 ast Main Street, Round Rock, Texas (hereinafter called the "City"), and Round Rock Ranch Ltd., its successors and assigns, who address for purposes hereof is (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Round Rock Ranch Ltd., its successors and assigns; provided, however, upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Round Rock Ranch Ltd. as to such property shall be assigned by the new owner, and Round Rock Ranch Ltd. shall have no further liability relating to such property. WHEREAS Developer has requested a Planned Unit Development from the City for the development of 16.68 acres of land for a single family small lot patio home development on a tract of land located within the corporate limits of the City of Round Rock and 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 forms the concept plan for this land, the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on April 21, 1994; and WHEREAS the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Developer covenant and agree as follows: 1. LIEN HOLDER CONSENT The lien holder of record has consented to this Agreement and any dedications agreed to herein. The lien holder consent is attached hereto as EXHIBIT "B" and incorporated herein. - Page 1- 2. DEVELOPMENT AND LAND USE The 16.68 acres shall be divided into two separate tracts designated as Development Area 1 and Development Area 2. Development Areas 1 and 2 shall be referred to collectively as "the Land ", which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. A portion of the Land will be dedicated to the public as right of way for Round Rock Ranch Boulevard at the time of final plat. Development Areas 1 and 2 may be developed simultaneously, or one may be developed before the other. Additionally, each Development Area may itself be developed in phases. 2.1 Development Area I Development Area 1, consisting of 8.59 acres shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 1 shall consist of a maximum of 58 dwelling units, as well as parking, greenbelts, recreational amenities, and other accessory uses. 22 Development Area 2 Development Area 2, consisting of 7.73 acres and 0.36 acre portion to be dedicated to the public as right of way, shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 2 shall consist of a maximum of 44 units, as well as parking, greenbelts, recreational amenities and other accessory uses. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed 6.4 units per acre, totaling a maximum of 102 total units for Development Areas 1 and 2. The minimum lot size shall be 3000 square feet. 4. ALTERNATIVE DEVELOPMENT 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum building setback requirement along Gattis School Road and Round Rock Ranch Boulevard right of way shall be 25 feet, and no - Page 2 - single family lot shall have direct access to Gattis School Road or Round Rock Ranch Boulevard. 4.1.2 The Round Rock Ranch amenity, shown as the 1.463 acre tract on Exhibit "C ", is not located within this planned unit development and is not part of this PUD. This amenity, however, will be available for use to the entire Round Rock Ranch development, including the homeowners located within this planned unit development. 4.2 Setbacks 4.2.1. Except as stated elsewhere in this Agreement, minimum setbacks shall be 15 feet from the street curb to the front of a unit. 4.2.2. Each unit shall be located on a side lot line not occupied by another unit. Each unit shall be a minimum of 10 feet apart. Any side wall located on a lot line shall have no windows or doors. No common wall development is allowed under this agreement. 4.2.3 Each side lot line not occupied by a unit shall contain a 5 foot drainage and maintenance easement adjacent to said lot line. 4.2.4 There shall be no private rear yards for any lot which abuts the greenbelt area as depicted on Exhibit "C ". These lots which abut a greenbelt area may maintain a small patio or enclosed deck area not to extend beyond the furthest rear building line on that block. 4.2.5 All lots along the perimeter of Development Areas 1 and 2 shall maintain a 20 foot setback from the northern property line of Development Area 1 and 2 and a 25 foot building setback from all perimeter roadways. 4.3 Greenbelts 4.3.1 The greenbelt, as depicted in Exhibit "C ", shall be a common area owned, maintained and controlled by the Homeowners Association. The greenbelt will consist of one lot designated as common area which shall include public utility easements, drainage easements, and fence, landscape and greenbelt easements. The lot depths and the rear lot line and easement placement will be established at time of platting, and subject to and approved by the Director of Planning. The owner will be responsible for landscaping the greenbelt. Exhibit "J ", attached hereto and incorporated herein, shows general depiction of the greenbelt layout. 4.3.2 Since some, but not all, lots will abut the greenbelt, the minimum width - Page 3 - of the greenbelt shall be 20 feet, and each lot owner in Development Area 1 and 2 will have access to all of the greenbelt. The 1.463 acre tract described in section 4.1.2 above, to be used as an amenity for the entire Development, will be connected to the greenbelt. 4.3.3 The internal fencing of the greenbelt will be predominately masonry and steel type to maintain a feeling of openness. No cedar, chain link or wood privacy fencing will be allowed along the greenbelt areas. 4.3.4 An open space area approximately 45 to 150 feet wide containing drainage and greenbelt shall be located between Development Areas 1 and 2. Passive recreational activities such as playscape, picnic areas, benches and /or gazebos may be located within this area. 4.4 Sidewalks and Pathways In lieu of constructing sidewalks along Gattis School Road, the developer will provide additional landscaping and fencing along the perimeter boundary street. The City of Round Rock will construct sidewalks after the roadway expansion is completed. A three foot sidewalk shall be located on the side of the street where all perimeter lots are located. No sidewalks are required on internal lots which abut the greenbelt or on the east side of the cul -de -sac located opposite the amenity center. (See exhibit "C" for sidewalk locations). Numerous pedestrian walkways shall be located in and along the greenbelt. Since the emphasis of this PUD concept is internal, pedestrian activity will be directed away from front yards and the streets and placed in the landscaped areas of the greenbelt. These walkways will be constructed of crushed, washed or decomposed granite or crushed brick placed on a compacted sub - grade. The benched areas will be located in the center greenbelt along the common area between Development Areas 1 and 2, as described in Section 4.3.4, above. 4.5 Fencing The perimeter fence treatment shall be a combination of woodcrete or masonry with iron and steel. The Owner reserves the right to combine the woodcrete fence with some combination of wood in the perimeter fence, subject to review and approval by the Director of Planning. This would occur only behind the areas of the fence that would be landscaped with shrubs and trees. If this option of Wood /Woodcrete is constructed, metal or steel posts will be used for increase strength and durability. The perimeter fence will be approximately 6' feet tall and provide security for the home owners. The internal fences along the greenbelt will be made of aluminum, iron, masonry or steel. The entire greenbelt will be fenced in between the units, with the rear wall or courtyard of the unit - Page 4 - being located along the lot line of the greenbelt. Wood or chain link fences will not be allowed in the entire greenbelt. Front yard fencing will also be a combination of masonry and steel, projecting an enclosed entry area for each unit along the sideyard area. This sideyard entry will be further explained in the building products listed in Section 4.8.4 "See Exhibit "H" & 'J" attached. 4.6 Screening The screening of the property along Gattis School Road and Round Rock Ranch Boulevard shall be comprised of a six-foot woodcrete and steel or wrought iron fence, ten large shrubs per 50 foot offset fencing section and one, 1 -1/2" caliper tree for each lot which abuts along Gattis School Road and Round Rock Ranch Boulevard. "See Exhibit "1-1" attached." 4.7. Single Family Lots The minimum width of any single family lot shall be 45 feet. The minimum depth of any single family lot shall be 65 feet. The minimum single family lot shall be 3000 square feet. The typical lot size will be 45 feet x 100 feet. The typical greenbelt lot size will be 45 feet. See Exhibit "D" attached. 4.8 Buildings 4.8.1 Each building located on a lot having a width of 45 feet shall have a maximum width of 35 feet, allowing for a 10 foot sideyard setback, and be between 45 feet - 65 feet in depth. 4.8.2 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 10 foot sideyard setback, and be between 45 feet - 65 feet in depth. See Exhibit "1" attached. 4.8.3 All buildings will be constructed of at least 70% masonry materials. No window or doorways shall be allowed along the wall located on the zero lot line side of the house. The front facade will be constructed of 100% masonry materials, exduding gables, doors, vents and trim. The ground floor of the side wall located on the zero lot line and the rear wall will be constructed of 100% masonry materials, also excluding gables, doors, vents and trim. All other portions of the building exterior will be constructed of at least 70% masonry materials. No. 4' x 8' wood or wood composite panels shall be used for siding. Only washboard style or other quality wood materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4.8.4 All buildings will be limited to either a side yard or courtyard entry. All - Page 5 - 4.8.5 Garages All buildings shall include two -car garages facing directly on the street. These garages are to be set back a minimum of 22 feet and a maximum of 25 feet from the curb. Driveways will maintain a minimum 22 feet in width to adequately accommodate 2 guest parking spaces. No garages shall be converted into bedrooms, studies, dens or any living areas for the occupants. 4.8.6 Roofing Materials Roofing materials will be limited to tile, Timberline style or Hardiplank style materials. No wood or composite shingles will be allowed. Roof pitch shall be encouraged by the deed restrictions and the architectural control committee to be at slight grades from the garage to the second story of the unit. No abrupt or steep graded roof pitches, nor any two story units directly above the garage will be permitted or approved by the architectural control committee. 4.8.7. Patios courtyards will be fenced and gated so as to provide an entrance sequence into the patio homes. Fences and gate designs shall be compatible with Section 4.5 fencing requirements. No product or unit shall be constructed with a front entry unless entry is gained through a fenced courtyard. See Exhibit "I" and '7' attached. All patios will be structurally connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and the exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and the setback depth. Patios are limited to each individual lot and shall not extend past the furthest building line on that block. 5. STREETS AND OFF STREET PARKING 5.1 Streets All internal streets will be private and maintained by the Homeowners Association. The width of the local internal street will be 27 feet of pavement, 28 feet from curb to curb. The entry streets are detailed in exhibit "F" attached. Entry streets will have security gates for restricted access. The roadway following the divided entry street in development area I shall be designed as a 30 foot paved section, 31 feet curb to curb. Each dead end street will be terminated by a cul- de-sac tunaround with a - Page 6 - 30 foot turning radius. The Homeowners Association will be required to finance all repairs and standard maintenance of the streets after the two year contractors warranty bond expires. Funding shall be provided by a monthly assessment established as a sinking fund for street maintenance. See Exhibit "E" attached. 5.2 Off Street Parking Two to four off - street vistor parking lots will be located in each cul -de- sac. There will be a total of twelve (12) off - street parking facilities for the entire development. Parking along the internal roadways will be limited to one side of the street only and set forth in deed restrictions of the subdivision. Small signs shall notify visitors and guest of the parking arrangements and restrictions at the entries and median locations. No recreational vehicles, boats or trailers will be allowed to be parked in any street or driveway within the entire development. The 12 off street parking facilities will be reserved specifically for guests only. Boats, trailers or recreational vehicles may not occupy any of these visitor parking spaces. See Exhibit "E" attached. 5.3 Entry Roadway Both entry roadways for Development Area I and Development Area 2 will be designed with divided landscaped medians, 30 foot turnarounds, side drive mailbox kiosks, and stamped concrete. Any other additional entry structures must be approved by the City Attorney, the Director of Public Works, the Director of Planning, and contained in an approved licensing agreement. See Exhibit "F" attached. 5.4. Security Gates Security gates will be installed at each entry. Property owners will be provided with an electronic gate opener (similar to a garage door opener) and an alternative code number for entrance in case the electronic opener malfunctions. At the entry next to the mailbox kiosk will b a call box with residence listing. This will provide visitors access to the PUD. The gate code will be given to all utility, emergency and post office officials for access into the PUD. For specific emergency and fire situations, construction of the gate will be designed to allow "crash" entry. See Exhibit "F" attached. 5.5 Landscaped Medians Landscaped medians located along local cul de sacs will be no wider than 6 feet and approximately 12 -18 feet long. Road pavement sections along both sides of the median will be 14 feet wide for acceptable reverse sight - Page 7 - distances. Landscaping materials and berms in the median shall maintain a low level height of approximately 4 foot for visibility and safety purposes. 5.6 Refusal of City to Accept Street and Utilities Owner hereby acknowledges and agrees that since the streets and utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any of said streets and utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 6. UNDERGROUND ELECTRIC AND UTILITY LINES 6.1 Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. No rooftop or anchored shortwave radio antennas will be allowed in the entire PUD. 6.2 Public Utility Easements All water, wastewater, gas and stormsewer lines will be located inside the 26 foot (or 30 foot) pavement section, unless otherwise approved in writing by the Director of Public Works. Electric, telephone, cable line and transformers will be located in the greenbelts at all possible places. The greenbelts shall be designated P.U.E.'s. Each utility has been designated a standard assignment as shown in Exhibit "G ". See Exhibit " G" attached. 6.3 Maintenance by Homeowners Association Water and wastewater lines within the Land shall be private lines which will be maintained by the Homeowners Association. A master meter or meters shall be used to deliver city water in bulk to the Land. 6.4 Refusal of City to Accept Utilities Owner hereby acknowledges and agrees that since the utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any - Page 8 - utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 7. EMERGENCY FIRE ACCESS Emergency fire access will be provided by an all weather aggregate, decomposed granite or crushed brick driveway connecting both cul -de -sacs between Development Area 1 and 2 for through access for emergency vehicles. This drive will be 18-20' in width and will cross the greenbelt and drainage channel for direct access through the entire PUD. The City of Round Rick Fire Department will review and approve construction plans for this driveway. 8. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for Development Areas 1 and 2. These Restrictions shall specifically provide for the following: 8.1 Vehicle Parking. To the extent reasonably practical, the property owner shall limit, or prohibit the use of any parking on one side of the local internal streets. Boats trailers, buses and recreational vehicles shall not be allowed to park on any street, driveway or guest parking space. Vehicle parking restrictions will be policed by the Homeowners Association's authorized representative or the dedarant. 8.2 General Signage Standards. All entry monumentation visible from Gattis School Road shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a signage is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made within the five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged to the signed owner. Prohibited signs include permanent bench signs, billboards, signs with flashing or blinking lights or mechanical movement, dayglo colors, signs that make or create noise, animated or moving signs, exposed neon illumination, painted wall signs, pennants, trailer signs, signs with beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials for the design shall be made of natural stone or masonry with a height limit equal to that of the 6 foot fence. The Homeowners Association will own and maintain all entry signs - Page 9 - associated with the PUD. 8.3 Homeowners Association A Homeowners Association will be established at the time of final platting for each Development Area. The association documents will be submitted for review and approval by the Director of Planning and City Attorney at the final plat stage. The mechanism for funding and collection of fees for the Association will be detailed to the satisfaction of the Director of Planning and the City Attorney prior to the final plat approval or recordation. The Association will maintain all areas within the Development Area except private lots. The dedarant "Owner" shall maintain control of the Homeowners Association until 75% of the building sites are sold. Once homebuilding commences, the declarant shall have the voting approval ratio of 5:1 over individual lot buyers. Upon 75% of the home sites sold, the dedarant shall concede total control to the Homeowners Association. 8.4 Architectural Controls 8.4.1 Each unit will be constructed of at least 70% masonry materials or more for the entire structure. Roofing materials shall be constructed of tile, Timberline or Hardiplank. Front facade shall be a minimum 100% masonry. The remainder of the house shall be at least 70% masonry or a stucco type material. Composite roof materials will not be allowed. No windows or doorways shall be allowed along the zero lot line side of the unit. The zero lot line side ground floor will be 100% masonry. No 4' x 8' cedar wood panels shall be used for siding. Only washboard style or other quality wood materials shall be used. An architectural control committee shall be established at the final plat stage. The "declarant" owner shall be in charge of the architectural standards and reviewing plans for the PUD until 75% of the home sites are sold. Upon 75% of the home sites sold, the declarant shall hand over total control to the Homeowners Association, of which will elect a three person board for review This process will be given more detail within the deeds and restrictive covenants at the final plat stage. 8.4.2 This project will be designed and constructed in 2 development areas. Each development area may produce a distinct or different architectural type to identify itself. However, for consistency in product and overall protection of home values, there will be a standard (1 or 2) theme color for the houses, standard design, (i.e.: roof pitch, roof materials) and concept, (i.e.: sideyard entries) for the entire PUD. There may be 4-6 variations of this design standard, such as 4 different floor plans, but the - Page 10 - 11. COMPATIBILITY concept and the building type will remain consistent throughout the entire development. 8.5 The Homeowners Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to enforce any provisions of this Agreement, it is not the intent of this Agreement for the City to assume any responsibilities normally reserved to a Homeowners Association. 9. APPLICABILITY OF CITY ORDINANCES 9.1 Zoning and Subdivision The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 9.2 All Other Ordinances All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 10. DESIGNATED CONCEPT PLAN This entire PUD ordinance constitutes the Concept Plan for Development Areas 1 and 2 required by the City Subdivision Ordinance. Such concept plan is hereby approved by the City. This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 12. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council. Any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do - Page 11- 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 own discretion, determine what constitutes a substantial change. 13. DEFINITIONS Definitions shall be defined by Blacks Legal Dictionary except where applicable as specifically defined in the Development Agreement. 14. EXHIBITS Exhibits "A" through "K" are part of this Agreement and incorporated herein. 15. 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 the 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 land affected by such waiver, modification, amendment, discharge or termination. 16. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 17. 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. 18. 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 - Page 12 - severable and shall not invalidate this Agreement. In such an 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, 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. 19. GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 20. BINDING EFFECT The Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 21. 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. 22. COUNTERPART EXECUTION This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. 23. 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. - Page 13 - ATTEST: CITY OF ROUND ROCK, TEXAS - Page 14 - DATE: CD - '7 9q BY: Rosin • Rock Ranch Ltd. mited Partnership Tim Timerman, President DATE: 0/94/7 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 1994 by of the City of Round Rock, Texas. k'ctheril 4.51WER , inayioie. ,eo - TEm Commission THE STATE OF TEXAS ° CHRISTINE R.MARTINEZ = No.ry Parc,Sme rams !�1 s MybrnmWon Enres0 0597 or COUNTY OF WILLIAMSON This instrument was acknowledged before me on the V1 day of 1994 by Tim Timmerman, President of Round Rock Ranch, Ltd., a Texas Limited Partnership, on behalf of said corporation. Commission Expires: N - Page 15- Notary Public, State of Texas Name Printed: C ,26r/UE ll • i// erhuEZ- NotaiV Public, State of Texas I> _Printed; . _ • • °l\ VIRGINIA M. MORENO • 9A * Wary Public. State of Texas My Candssbn E�e9Jen_1t 1998 ) O , �f� March 17, 1994 EXHIBIT A DESCRIPTION Page 1 of 3 ZONING TRACT FIELD NOTE DESCRIPTION OF THAT CERTAIN TRACT OR PARCEL CONTAINING 16.680 ACRES OF LAND OUT OF THE PRIOR A. HOLDER SURVEY, ABSTRACT NUMBER 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 16.680 ACRE TRACT BEING MORE FULLY DESCRIBED AS BEING ALL OF THAT CERTAIN CALLED 4.892 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO ROUND ROCK RANCH J.V. LTD. OF RECORD IN VOLUME 2217, PAGE 672 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 36, BLOCK M, ROUND ROCK RANCH PHASE ONE SECTION ONE, A SUBDIVISION OF RECORD IN CABINET J, SLIDES 139 -141 OF THE WILLIAMSON COUNTY PLAT RECORDS, SAID 16.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the North Right -of -Way line of Gattis School Road said iron rod found being the southeast corner of Lot 13, Block "M", Round Rock Ranch, Phase One, Section One, a Subdivision of record in Cabinet "J ", Slides 139 -142 of the Plat Records of Williamson County, Texas, same being the southwest corner of the said called 4.892 acre tract described in Volume 2217, Page 672 of the Williamson County, Texas Deed Records; THENCE N88 ° 07'17 "E a distance of 421.89 feet with the North Right - of -Way line of Gattis School Road as dedicated by the said Round Rock Ranch, Phase One, Section One Subdivision to an iron rod found for the southeast corner of the said called 4.892 acre tract, same being the southeast corner of the herein tract, same being on the West line of that certain 13.729 acre tract described in a deed to Custom Homes of Record in Volume 1084, Page 129 of the Williamson County Deed Records; THENCE NO2 ° 08'42 "W a distance of 508.68 feet departing said North Right -of -Way line of Gattis School Road and with the said West line of the 13.729 acre Custom Homes tract to an iron rod found for a northeast corner of the herein described tract at a point of curvature of a nontangent curve to the left, said iron rod being the most southerly point of Lot 49, Block "H" of the said Round Rock Ranch, Phase One, Section One Subdivision THENCE with the southerly line of the said Round Rock Ranch, Phase One, Section One Subdivision, the following five (5) courses and distances; 1). With a curve to the left containing the following elements, a radius length of 508.48 feet, an arc length of 109.03 feet and whose chord bears N33 °4 6 46 "W for a distance of 108.82 feet to an iron rod found on the East Right -of -Way line of Round Rock Ranch Boulevard 2). S54 ° 34'27 "W for a distance of 76.27 feet with the terminus of the said Round Rock Ranch Boulevard to an iron rod found for the southeast corner of Lot 35, Block "M" of the said Round Rock Ranch, Phase One, Section One subdivision; 3). S50 ° 01'42 "W a distance of 158.60 feet to an iron rod found at a point of intersection on the rear of Lot 34, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision; 4). S88 ° 08'59 "W for a distance of 173.63 feet to an iron rod found on the rear line of Lot 32, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision, same being the northeast corner of the aforesaid Lot 36 and the northwest corner of the said called 4.892 acre tract; 5). S88 °07'58 "E for a distance of 874.28 feet along the North line of the aforesaid Lot 36 to an iron rod found for the most northerly northwest corner of the herein described tract, same being the northeast corner of a proposed 1.463 acre amenities tract out of the said Lot 36; THENCE upon and across the said Lot 36 with the east and south lines of the said amenities tract the following two (2) courses and distances 1). S ° 22'34 "W for a distance of 205.00 feet to an iron rod found; 2). N ° 40'16 "W for a distance of 280.00 feet to an iron rod found on the curving East Right -of -Way line of Round Rock Ranch Boulevard for the southwest corner of the proposed amenities tract and the most westerly northwest corner of the herein described tract; THENCE with a curve to the left containing the following elements, a radius length of 550.00 feet, an arc length of 99.14 feet, and whose chord bears S03 ° 18'05 "W for a distance of 99.01 feet to an iron rod found at a point of tangency on the said East Right -of -Way line of Round Rock Boulevard; THENCE S01°51' 49"E for a distance of 236.29 feet to an iron rod found at a point of curvature on the said East Right - of - Way line of Round Rock Boulevard; Page 2 of 3 THENCE with a curve to the left containing the following elements, a radius length of 20.00 feet, an arc length of 31.38 feet and whose chord bears S46 ° 57'12 "E for a distance of 28.26 to an iron rod found for a point of tangency on the North Right -of- Way line of Gattis School Road; THENCE N88 ° 08'31 "E for a distance of 1196.85 feet along the said North Right -of -Way line of Gattis School Road to the POINT OF BEGINNING; CONTAINING 16.680 ACRES OF LAND. The undersigned does hereby certify that the foregoing description represents the results of a survey made on the ground in August of 1993 under my supervision according to law and that it is true and correct to the best of my knowledge and belief. Dennis E. Uncle ood Registered Professional Land Surveyor No. 4423 Page 3 of 3 EXHIBIT B THERE ARE NO LIENHOLDERS OF RECORD CONCEPTUAL SITE PLAN SINGLE FAMILY PATIO HOMES GATTIS SCHOOL ELEMENTARY LANDSCAPED ENTRY MONLIMEITATION FENCED GREEN= n!VF opMENT AREA ROUND ROC R NCH PUD LANDSCAPED ISLANDS. EXTERIOR FENCING DEVELOPMENT AREA II \/ r --- SCALE 1 = 80' PO bI�JNF1i• Rock Ra Ltd L6.44:18- A6res WTI: 10 6. u14c. E GIN Hanie En9 inee ring 2 ?" SIIRV R' Brandt a,rvEEinn FMRY MONUMENT LAND 'SCAkD ENTRY CONCEP m m. C) rivulvu riuk;r\. mium It r.u.u. EMERGENCY FIRE ACCESS ONLY PATIO HOMES THE FENCE AT THE REAR OF THE UNIT PRODUCT SIZE VARIES FROM CONNECTS TO ADJ� ING UNIT FOR GREENBELT 35' TO 40' IN WIDTH. rlf A FRONT YARD SETBACKS ARE STAGGERED FROM 15' TO 25' FOR A SPACIAL STREETSCAPE 11 , 110 •ill & 50 5' DRAINAGE & MAINTENANCE ESMT. 1 0' SIDE YARD EXHIBIT D VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 CUL: DE SAC DETAIL 2,› 3O 8.5' OFF 27' Pavement 28' Curb To Curb Landscaped Median 2 -3 STREET PARKING SPACES EMERGENCY FIRE ACCESS — 25' Pavement Min. EXHIBIT E ROUND ROCK RANCH P.U.D. VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 SECURITY . GATES 30' RADIUS 'TURNAROUND ROUND RQCK'_RANCH PUbb _LAGAPED M ENTRY MONUM ENTRY DESIGN Curb 60' to Curb STAMPED CONCRETE 1fl,SR'S CALL BO* MAILBOX KIOSK SHELTER' EXHIBIT F VINCENT GERARD AND ASSOCIATES 4 102 Westlake Drive, Suite 100, Austin, Texas, 78746 ROUND ROCK RANCH PUD 6' PUE UTILITY ASSIGNMENTS PRIVATE STREETS 28' CURB TO CURB i 3.5' Sidewalk PAVEMENT A 4' 11 /cAW111 GAS WASTEyIIATER ? ® STORMSEWER. 5' 5' 410' 6' PUE WA EXHIBIT G VINCENT GERARD AND ASSOCIATES i 102 Westlake Drive, Suite 100, Austin, Texas, 78746 � / ROUND ROCK RANCH PUD l a 1 EXHIBIT H 'g illm BRICKCRETE/ BRICKCRETE/ BRICKCRETE/ OR WOODCRETE FENCING MATERIAL WOOD / WOODCRETE WOODCRETE HORIZONTAL SLAT TYPE WITH TRELLIS WORK 50' — = ' . - . • • GATTIS: SCHOOL ROAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET FROM FRONT TO BACK BETWEEN SECTIONS VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 _k• 1 ARCHITECTURAL SCHEMATIC 0 VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 r- EXHIBIT J • MASONRY AND STEEL FENCING GATED COURTYARD ENTRY STREET SCHEMATIC GREENBELT & PATIO HOME LAYOUT VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 ER & 9 { l} GREENBELT "L�� " i • k I MEANDERING PATHWAY (crushed or washed granite) PATIO & DECK AREAS -SIDE YARD (10' MIN.) ROUND ROCK RANCH PUD 00 g ° R17.0 R • TYPICAL LANDSCAPED MEDIAN DETAIL PRIVATE STREETS, 6 ' PUE 28' Curb to Curb 40' 14' EXHIBIT K 6 ' PUE • VINCENT GERARD AND ASSOCIATES /="a 102 Westlake Drive, Suite 100, Austin, Texas, 78746 ,00.0Set Date: June 7, 1994 Subject: City Council Meeting, June 9, 1994 Item: 8.B. Consider an ordinance to rezone Lot 36, Block M, Round Rock Ranch Phase One Section One and a 4.897 acre tract of land out of the P.A. Holder Survey, Abstract No. 297 from District MF (Multi - Family) and District C -2 (Local Commercial) to District Planned Unit Development (PUD) No. 13. (Round Rock Ranch) (Second Reading) Staff Resource Person: Joe Vining ASSESSMENT: The developer has proposed to develop single family homes with minimal private yards and significant open space. The purpose of the PUD is to create a single family home product which is different than the traditional SF -1 and SF -2 products, yet maintaining a high standard of development. The project has also demonstrated that it is sensitive to the surrounding development and roadways. HISTORY: The developer, staff, and the City Attorney have worked together to present a new Development agreement based on comments from the March 31st presentation. On April 21, 1994, the Planning and Zoning Commission recommended approval of the request to rezone from District MF and District C -2 to District Planned Unit Development (PUD) No. 13. However, the ordinance was withdrawn at the May 12, 1994 Council meeting at the request of the Director of Public Works due to some engineering concerns. Those concerns were whether the infrastructure will be public or private. An agreement has been reached and the streets and infrastructure will be private. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, JOANNE LAND, City of Round Rock, foregoing is a true at a meeting held 19 ! which is Rock in book 31 WITNESSED Texas on this 31280 Assistant City Manager /City Secretary of the Texas do hereby certify that the above and and correct copy of an ordinance passed and adopted by the City Council of the City of Round Rock, Texas, at on the day of 9 recorded in the minutes of the City of Round by my hand day of and seal of the City of Round Rock, 19 q� . OFFICIAL RECORDS VIU11AMSON COUNTY, TEXAS 11 _0/ /4 /L A .1 /L ANNE LAND sistant City Manager/ City Secretary vo�.25 PA GE 0 , VO1. 255346E0864 Dept Mi iaa9- Rewl /P&CD /PUDu 1 ORDINANCE NO. Z - q `t - -09 - g a PUD Nn. ,13 (Round Rock Ranch) 16.68 Acres AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES, 1990 EDmON, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE LOT 36, BLOCK M, ROUND ROCK RANCH SECTION ONE FROM DISTRICT MF (MULTI FAMILY) AND 4.897 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C -2 (LOCAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) DISTRICT NO. 13. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map rezone the property described in Exhibit "A" from District MF (Multi Family) and from District C -2 (Local Commercial) attached hereto and incorporated herein, to District PUD (Planned Unit Development) No. 13 and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 21st day of April, 1994, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to District PUD (Planned Unit Development) No. 13 and, WHEREAS, on the 12th day of May, 1994, 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 and Chapter 11, Code of Ordinances (1990 Edition) City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, I. PUD No..13 (Round Rock Ranch) VOL. 2553 PAGE 086 � 6.68A° NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That the City Council has hereby determined the PUD (Planned Unit Development) District No. 13 meets the following goals and objectives: (1) The development in PUD No. 13 is equal to or superior to development that would occur under the standard ordinance requirements. (2) PUD No. 13 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) PUD No. 13 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) PUD No. 13 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) PUD No. 13 will be developed 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. 11. 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" attached hereto and incorporated herein be changed to District PUD (Planned Unit Development) No. 13, 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 govern the development and use of said property. Dept Msc. /tkd Rewt/P&CD/PUD 13 2 vb1. 2553PAoE0866 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. READ, PASSED, and ADOPTED on first reading this day of 1994. Alternative 2. t� READ and APPROVED on first reading this the OS / day of , 1994. READ, APPROVED and ADOPTED on second reading this the ,1994. ATTEST: Ros&,er R•5rlu.eR Dept Ml Ord,.Rovr&CDmUD 13 3 PUD No. 73 (Round Rock Ranch) 16.68 Acres day f Round Rock, Texas yor ',PD- TE)-7 Round Rock Ranch DEVELOPMENT PLAN PUD Number 13 Exhibit "B" to City of Round Rock Ordinance No. This exhibit contains 15 pages and 10 Exhibits vol. 2 5 5 4 ,3 PAGE 0 8 6 7 2 5 5,"3 hgt'0 6 PUD No. 13 This Agreement ( "Development Plan ") made the q day of /V R , 1994, between the City of Round Rock, Texas, having its offices at 221 ast Main Street, Round Rock, Texas (hereinafter called the "City "), and Round Rock Ranch Ltd., its successors and assigns, who address for purposes hereof is (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Round Rock Ranch Ltd., its successors and assigns; provided, however, upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Round Rock Ranch Ltd. as to such property shall be assigned by the new owner, and Round Rock Ranch Ltd. shall have no further liability relating to such property. WHEREAS Developer has requested a Planned Unit Development from the City for the development of 16.68 acres of land for a single family small lot patio home development on a tract of land located within the corporate limits of the City of Round Rock and 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 forms the concept plan for this land, the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on April 21, 1994; and WHEREAS the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Developer covenant and agree as follows: 1. LIEN HOLDER CONSENT The lien holder of record has consented to this Agreement and any dedications agreed to herein. The lien holder consent is attached hereto as EXHIBIT "B" and incorporated herein. - Page 1- 2. DEVELOPMENT AND LAND USE The 16.68 acres shall be divided into two separate tracts designated as Development Area 1 and Development Area 2. Development Areas 1 and 2 shall be referred to collectively as "the Land ", which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. A portion of the Land will be dedicated to the public as right of way for Round Rock Ranch Boulevard at the time of final plat. Development Areas 1 and 2 may be developed simultaneously, or one may be developed before the other. Additionally, each Development Area may itself be developed in phases. 2.1 Development Area I VOL: 2553 PAGE 0869 Development Area 1, consisting of 8.59 acres shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 1 shall consist of a maximum of 58 dwelling units, as well as parking, greenbelts, recreational amenities, and other accessory uses. 2.2 Development Area 2 Development Area 2, consisting of 7.73 acres and 0.36 acre portion to be dedicated to the public as right of way, shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 2 shall consist of a maximum of 44 units, as well as parking, greenbelts, recreational amenities and other accessory uses. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed 6.4 units per acre, totaling a maximum of 102 total units for Development Areas 1 and 2. The minimum lot size shall be 3000 square feet. 4. ALTERNATIVE DEVELOPMENT 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum building setback requirement along Gattis School Road and Round Rock Ranch Boulevard right of way shall be 25 feet, and no - Page 2 - o�. 255366 0870 single family lot shall have direct access to Gattis School Road or Round Rock Ranch Boulevard. 4.1.2 The Round Rock Ranch amenity, shown as the 1.463 acre tract on Exhibit "C ", is not located within this planned unit development and is not part of this PUD. This amenity, however, will be available for use to the entire Round Rock Ranch development, including the homeowners located within this planned unit development. 4.2 Setbacks 4.2.1. Except as stated elsewhere in this Agreement, minimum setbacks shall be 15 feet from the street curb to the front of a unit. 4.2.2. Each unit shall be located on a side lot line not occupied by another unit. Each unit shall be a minimum of 10 feet apart. Any side wall located on a lot line shall have no windows or doors. No common wall development is allowed under this agreement. 4.2.3 Each side lot line not occupied by a unit shall contain a 5 foot drainage and maintenance easement adjacent to said lot line. 4.2.4 There shall be no private rear yards for any lot which abuts the greenbelt area as depicted on Exhibit "C". These lots which abut a greenbelt area may maintain a small patio or enclosed deck area not to extend beyond the furthest rear building line on that block. 4.2.5 All lots along the perimeter of Development Areas 1 and 2 shall maintain a 20 foot setback from the northern property line of Development Area 1 and 2 and a 25 foot building setback from all perimeter roadways. 4.3 Greenbelts 4.3.1 The greenbelt, as depicted in Exhibit "C ", shall be a common area owned, maintained and controlled by the Homeowners Association. The greenbelt will consist of one lot designated as common area which shall include public utility easements, drainage easements, and fence, landscape and greenbelt easements. The lot depths and the rear lot line and easement placement will be established at time of platting, and subject to and approved by the Director of Planning. The owner will be responsible for landscaping the greenbelt. Exhibit "J ", attached hereto and incorporated herein, shows general depiction of the greenbelt layout. 4.3.2 Since some, but not all, lots will abut the greenbelt, the minimum width - Page 3 - of the greenbelt shall be 20 feet, and each lot owner in Development Area 1 and 2 will have access to all of the greenbelt. The 1.463 acre tract described in section 4.1.2 above, to be used as an amenity for the entire Development, will be connected to the greenbelt. 4.3.3 The internal fencing of the greenbelt will be predominately masonry and steel type to maintain a feeling of openness. No cedar, chain link or wood privacy fencing will be allowed along the greenbelt areas. 4.3.4 An open space area approximately 45 to 150 feet wide containing drainage and greenbelt shall be located between Development Areas 1 and 2. Passive recreational activities such as playscape, picnic areas, benches and /or gazebos may be located within this area. 4.4 Sidewalks and Pathways In lieu of constructing sidewalks along Gattis School Road, the developer will provide additional landscaping and fencing along the perimeter boundary street. The City of Round Rock will construct sidewalks after the roadway expansion is completed. A three foot sidewalk shall be located on the side of the street where all perimeter lots are located. No sidewalks are required on internal lots which abut the greenbelt or on the east side of the cul -de -sac located opposite the amenity center. (See exhibit "C" for sidewalk locations). Numerous pedestrian walkways shall be located in and along the greenbelt. Since the emphasis of this PUD concept is internal, pedestrian activity will be directed away from front yards and the streets and placed in the landscaped areas of the greenbelt. These walkways will be constructed of crushed, washed or decomposed granite or crushed brick placed on a compacted sub - grade. The benched areas will be located in the center greenbelt along the common area between Development Areas 1 and 2, as described in Section 4.3.4, above. 4.5 Fencing The perimeter fence treatment shall be a combination of woodcrete or masonry with iron and steel. The Owner reserves the right to combine the woodcrete fence with some combination of wood in the perimeter fence, subject to review and approval by the Director of Planning. This would occur only behind the areas of the fence that would be landscaped with shrubs and trees. If this option of Wood /Woodcrete is constructed, metal or steel posts will be used for increase strength and durability. The perimeter fence will be approximately 6' feet tall and provide security for the home owners. The internal fences along the greenbelt will be made of aluminum, iron, masonry or steel. The entire greenbelt will be fenced in between the units, with the rear wall or courtyard of the unit - Page 4 - vo1.2553PA6E0 vi 255 3PAsEO being located along the lot line of the greenbelt. Wood or chain link fences will not be allowed in the entire greenbelt. Front yard fencing will also be a combination of masonry and steel, projecting an enclosed entry area for each unit along the sideyard area. This sideyard entry will be further explained in the building products listed in Section 4.8.4 "See Exhibit "H" & "J" attached. 4.6 Screening The screening of the property along Gattis School Road and Round Rock Ranch Boulevard shall be comprised of a six -foot woodcrete and steel or wrought iron fence, ten large shrubs per 50 foot offset fencing section and one, 1 -1/2" caliper tree for each lot which abuts along Gattis School Road and Round Rock Ranch Boulevard. "See Exhibit "H" attached." 4.7. Single Family Lots The minimum width of any single family lot shall be 45 feet. The minimum depth of any single family lot shall be 65 feet. The minimum single family lot shall be 3000 square feet. The typical lot size will be 45 feet x 100 feet. The typical greenbelt lot size will be 45 feet. See Exhibit "D" attached. 4.8 Buildings 4.8.1 Each building located on a lot having a width of 45 feet shall have a maximum width of 35 feet, allowing for a 10 foot sideyard setback, and be between 45 feet - 65 feet in depth. 4.8.2 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 10 foot sideyard setback, and be between 45 feet - 65 feet in depth. See Exhibit "1" attached. 4.8.3 All buildings will be constructed of at least 70% masonry materials. No window or doorways shall be allowed along the wall located on the zero lot line side of the house. The front facade will be constructed of 100% masonry materials, excluding gables, doors, vents and trim. The ground floor of the side wall located on the zero lot line and the rear wall will be constructed of 100% masonry materials, also excluding gables, doors, vents and trim. All other portions of the building exterior will be constructed of at least 70% masonry materials. No. 4' x 8' wood or wood composite panels shall be used for siding. Only washboard style or other quality wood materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4.8.4 All buildings will be limited to either a side yard or courtyard entry. All - Page 5 - 4.8.5 Garages 4.8.6 Roofing Materials 4.8.7. Patios 5. STREETS AND OFF STREET PARKING 5.1 Streets - Page 6 - Vo1: 2.553 PAGE 0873 courtyards will be fenced and gated so as to provide an entrance sequence into the patio homes. Fences and gate designs shall be compatible with Section 4.5 fencing requirements. No product or unit shall be constructed with a front entry unless entry is gained through a fenced courtyard. See Exhibit "I" and "J" attached. All buildings shall include two -car garages facing directly on the street. These garages are to be set back a minimum of 22 feet and a maximum of 25 feet from the curb. Driveways will maintain a minimum 22 feet in width to adequately accommodate 2 guest parking spaces. No garages shall be converted into bedrooms, studies, dens or any living areas for the occupants. Roofing materials will be limited to tile, Timberline style or Hardiplank style materials. No wood or composite shingles will be allowed. Roof pitch shall be encouraged by the deed restrictions and the architectural control committee to be at slight grades from the garage to the second story of the unit. No abrupt or steep graded roof pitches, nor any two story units directly above the garage will be permitted or approved by the architectural control committee. All patios will be structurally connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and the exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and the setback depth. Patios are limited to each individual lot and shall not extend past the furthest building line on that block. All internal streets will be private and maintained by the Homeowners Association. The width of the local internal street will be 27 feet of pavement, 28 feet from curb to curb. The entry streets are detailed in exhibit "F" attached. Entry streets will have security gates for restricted access. The roadway following the divided entry street in development area I shall be designed as a 30 foot paved section, 31 feet curb to curb. Each dead end street will be terminated by a cul- de-sac tunaround with a v •1. 2 5 5: PArkeY8 4 30 foot turning radius. The Homeowners Association will be required to finance all repairs and standard maintenance of the streets after the two year contractors warranty bond expires. Funding shall be provided by a monthly assessment established as a sinking fund for street maintenance. See Exhibit "E" attached. 5.2 Off Street Parking Two to four off - street vistor parking lots will be located in each cul -de- sac. There will be a total of twelve (12) off - street parking facilities for the entire development. Parking along the internal roadways will be limited to one side of the street only and set forth in deed restrictions of the subdivision. Small signs shall notify visitors and guest of the parking arrangements and restrictions at the entries and median locations. No recreational vehicles, boats or trailers will be allowed to be parked in any street or driveway within the entire development. The 12 off street parking facilities will be reserved specifically for guests only. Boats, trailers or recreational vehicles may not occupy any of these visitor parking spaces. See Exhibit "E" attached. 5.3 Entry Roadway Both entry roadways for Development Area I and Development Area 2 will be designed with divided landscaped medians, 30 foot turnarounds, side drive mailbox kiosks, and stamped concrete. Any other additional entry structures must be approved by the City Attorney, the Director of Public Works, the Director of Planning, and contained in an approved licensing agreement. See Exhibit "F" attached. 5.4. Security Gates Security gates will be installed at each entry. Property owners will be provided with an electronic gate opener (similar to a garage door opener) and an alternative code number for entrance in case the electronic opener malfunctions. At the entry next to the mailbox kiosk will b a call box with residence listing. This will provide visitors access to the PUD. The gate code will be given to all utility, emergency and post office officials for access into the PUD. For specific emergency and fire situations, construction of the gate will be designed to allow "crash" entry. See Exhibit "F" attached. 5.5 Landscaped Medians Landscaped medians located along local cul de sacs will be no wider than 6 feet and approximately 12 -18 feet long. Road pavement sections along both sides of the median will be 14 feet wide for acceptable reverse sight - Page 7 - VOL. 2553?AGE0875 distances. Landscaping materials and berms in the median shall maintain a low level height of approximately 4 foot for visibility and safety purposes. 5.6 Refusal of City to Accept Street and Utilities Owner hereby acknowledges and agrees that since the streets and utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any of said streets and utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 6. UNDERGROUND ELECTRIC AND UTILITY LINES 6.1 Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. No rooftop or anchored shortwave radio antennas will be allowed in the entire PUD. 6.2 Public Utility Easements All water, wastewater, gas and stormsewer lines will be located inside the 26 foot (or 30 foot) pavement section, unless otherwise approved in writing by the Director of Public Works. Electric, telephone, cable line and transformers will be located in the greenbelts at all possible places. The greenbelts shall be designated P.U.E.'s. Each utility has been designated a standard assignment as shown in Exhibit G. See Exhibit " G" attached. 6.3 Maintenance by Homeowners Association Water and wastewater lines within the Land shall be private lines which will be maintained by the Homeowners Association. A master meter or meters shall be used to deliver city water in bulk to the Land. 6.4 Refusal of City to Accept Utilities Owner hereby acknowledges and agrees that since the utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any - Page 8 - • VOL. 255 utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 7. EMERGENCY FIRE ACCESS Emergency fire access will be provided by an all weather aggregate, decomposed granite or crushed brick driveway connecting both cul -de -sacs between Development Area 1 and 2 for through access for emergency vehicles. This drive will be 18-20' in width and will cross the greenbelt and drainage channel for direct access through the entire PUD. The City of Round Rick Fire Department will review and approve construction plans for this driveway. 8. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for Development Areas 1 and 2. These Restrictions shall specifically provide for the following: 8.1 Vehicle Parking. To the extent reasonably practical, the property owner shall limit, or prohibit the use of any parking on one side of the local internal streets. Boats trailers, buses and recreational vehicles shall not be allowed to park on any street, driveway or guest parking space. Vehicle parking restrictions will be policed by the Homeowners Association's authorized representative or the declarant. 8.2 General Signage Standards. All entry monumentation visible from Gattis School Road shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a signage is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made within the five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged to the signed owner. Prohibited signs include permanent bench signs, billboards, signs with flashing or blinking lights or mechanical movement, dayglo colors, signs that make or create noise, animated or moving signs, exposed neon illumination, painted wall signs, pennants, trailer signs, signs with beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials for the design shall be made of natural stone or masonry with a height limit equal to that of the 6 foot fence. The Homeowners Association will own and maintain all entry signs - Page 9 - • associated with the PUD. 8.3 Homeowners Association A Homeowners Association will be established at the time of final platting for each Development Area. The association documents will be submitted for review and approval by the Director of Planning and City Attorney at the final plat stage. The mechanism for funding and collection of fees for the Association will be detailed to the satisfaction of the Director of Planning and the City Attorney prior to the final plat approval or recordation. The Association will maintain all areas within the Development Area except private lots. The declarant "Owner" shall maintain control of the Homeowners Association until 75% of the building sites are sold. Once homebuilding commences, the declarant shall have the voting approval ratio of 5:1 over individual lot buyers. Upon 75% of the home sites sold, the declarant shall concede total control to the Homeowners Association. 8.4 Architectural Controls 8.4.1 Each unit will be constructed of at least 70% masonry materials or more for the entire structure. Roofing materials shall be constructed of tile, Timberline or Hardiplank. Front facade shall be a minimum 100% masonry. The remainder of the house shall be at least 70% masonry or a stucco type material. Composite roof materials will not be allowed. No windows or doorways shall be allowed along the zero lot line side of the unit. The zero lot line side ground floor will be 100% masonry. No 4' x 8' cedar wood panels shall be used for siding. Only washboard style or other quality wood materials shall be used. An architectural control committee shall be established at the final plat stage. The "declarant" owner shall be in charge of the architectural standards and reviewing plans for the PUD until 75% of the home sites are sold. Upon 75% of the home sites sold, the declarant shall hand over total control to the Homeowners Association, of which will elect a three person board for review This process will be given more detail within the deeds and restrictive covenants at the final plat stage. 8.4.2 This project will be designed and constructed in 2 development areas. Each development area may produce a distinct or different architectural type to identify itself. However, for consistency in product and overall protection of home values, there will be a standard (1 or 2) theme color for the houses, standard design, (i.e.: roof pitch, roof materials) and concept, (i.e.: sideyard entries) for the entire PUD. There may be 4-6 variations of this design standard, such as 4 different floor plans, but the - Page 10 - YOB. 2553PAGEO87 7 vo't. , 2553PdGE'OS7,8 8.5 The Homeowners Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to enforce any provisions of this Agreement, it is not the intent of this Agreement for the City to assume any responsibilities normally reserved to a Homeowners Association. 9. APPLICABILITY OF CITY ORDINANCES 9.1 Zoning and Subdivision 9.2 All Other Ordinances 10. DESIGNATED CONCEPT PLAN This entire PUD ordinance constitutes the Concept Plan for Development Areas 1 and 2 required by the City Subdivision Ordinance. Such concept plan is hereby approved by the City. 11. COMPATIBILITY concept and the building type will remain consistent throughout the entire development. The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement. This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 12. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council. Any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do - Page 11- 13. DEFINITIONS 14. EXHIBITS 15. ENTIRE AGREEMENT AND MODIFICATIONS 16. APPLICABLE LAW 17. CAPTIONS 18. SEVERABILITY - Page 12 - ,Yol.2553PAcE0879 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 own discretion, determine what constitutes a substantial change. Definitions shall be defined by Blacks Legal Dictionary except where applicable as specifically defined in the Development Agreement. Exhibits "A" through "K" are part of this Agreement and incorporated herein. 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 the 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 land affected by such waiver, modification, amendment, discharge or termination. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 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. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully vo1. 2553fAGEO.88O severable and shall not invalidate this Agreement. In such an 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, 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. 19. GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 20. BINDING EFFECT The Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 21. 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. 22. COUNTERPART EXECUTION This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. 23. 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. - Page 13 - ATTEST: - Page 14 - vat 2553PAGE0881 CITY OF ROUND ROCK, TEXAS eoecer DATE: 6 ^ � 9q BY: lids Tim Timmerman, President DATE /yy Roun. Rock Ranch Ltd. xa mited Partnership Mayor Reo -Tem • VOI. 255.= PAG.E:O88.2 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 9 d y of 1994 by r of the City of Round Rock, Texas obert• Ff 5724*44, mayor P,e0-76 � - ✓J Commissio Name Printed: /eLSy7,U /t • I VA) CHRISTINE R.MARTINEZ Way Pubic, Slate ofTeas • MyGammt¢inErt O&-0-97 THE STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public, State of Texas iG This instrument was acknowledged before me on the �i day of 1994 by Tim Timmerman, President of Round Rock Ranch, Ltd., a Texas Limited Partnership, on behalf of said corporation. Commission Expires: N 1 iuted. _ - Page 15 - ' FF � 0 � • VIRGINIA M. MORENO Ngtery Publlc, Stele W Texas NyCanMwbe EOM Jm:11. 1988 March 17, 1994 EXHIBIT A Page 1 of 3 vor.2553PA6E0883 ZONING TRACT DESCRIPTION FIELD NOTE DESCRIPTION OF THAT CERTAIN TRACT OR PARCEL CONTAINING 16.680 ACRES OF LAND OUT OF THE PRIOR A. HOLDER SURVEY, ABSTRACT NUMBER 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 16.680 ACRE TRACT BEING MORE FULLY DESCRIBED AS BEING ALL OF THAT CERTAIN CALLED 4.892 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO ROUND ROCK RANCH J.V. LTD. OF RECORD IN VOLUME 2217, PAGE 672 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 36, BLOCK M, ROUND ROCK RANCH PHASE ONE SECTION ONE, A SUBDIVISION OF RECORD IN CABINET J, SLIDES 139 -141 OF THE WILLIAMSON COUNTY PLAT RECORDS, SAID 16.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the North Right -of -Way line of Gattis School Road said iron rod found being the southeast corner of Lot 13, Block "M", Round Rock Ranch, Phase One, Section One, a Subdivision of record in Cabinet "J ", Slides 139 -142 of the Plat Records of Williamson County, Texas, same being the southwest corner of the said called 4.892 acre tract described in Volume 2217, Page 672 of the Williamson County, Texas Deed Records; THENCE N88 ° 07'17 "E a distance of 421.89 feet with the North Right - of -Way line of Gattis School Road as dedicated by the said Round Rock Ranch, Phase One, Section One Subdivision to an iron rod found for the southeast corner of the said called 4.892 acre tract, same being the southeast corner of the herein tract, same being on the West line of that certain 13.729 acre tract described in a deed to Custom Homes of Record in Volume 1084, Page 129 of the Williamson County Deed Records; THENCE NO2 ° 08'42 "W a distance of 508.68 feet departing said North Right -of -Way line of Gattis School Road and with the said West line of the 13.729 acre Custom Homes tract to an iron rod found for a northeast corner of the herein described tract at a point of curvature of a nontangent curve to the left, said iron rod being the most southerly point of Lot 49, Block "H" of the said Round Rock Ranch, Phase One, Section One Subdivision THENCE with the southerly line of the said Round Rock Ranch, Phase One, Section One Subdivision, the following five (5) courses and distances; VOl:2553PA6EQ884 1). With a curve to the left containing the following elements, a radius length of 508.48 feet, an arc length of 109.03 feet and whose chord bears N33 °46 46 "W for a distance of 108.82 feet to an iron rod found on the East Right -of -Way line of Round Rock Ranch Boulevard 2). S54 ° 34'27 "W for a distance of 76.27 feet with the terminus of the said Round Rock Ranch Boulevard to an iron rod found for the southeast corner of Lot 35, Block "M" of the said Round Rock Ranch, Phase One, Section One subdivision; 3). S50 ° 01'42 "W a distance of 158.60 feet to an iron rod found at a point of intersection on the rear of Lot 34, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision; 4). 588 for a distance of 173.63 feet to an iron rod found on the rear line of Lot 32, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision, same being the northeast corner of the aforesaid Lot 36 and the northwest corner of the said called 4.892 acre tract; 5). S88 °07'58"E for a distance of 874.28 feet along the North line of the aforesaid Lot 36 to an iron rod found for the most northerly northwest corner of the herein described tract, same being the northeast corner of a proposed 1.463 acre amenities tract out of the said Lot 36; THENCE upon and across the said Lot 36 with the east and south lines of the said amenities tract the following two (2) courses and distances; 1). S17 ° 22'34 "W for a distance of 205.00 feet to an iron rod found; 2). N73 ° 40'16 "W for a distance of 280.00 feet to an iron rod found on the curving East Right -of -Way line of Round Rock Ranch Boulevard for the southwest corner of the proposed amenities tract and the most westerly northwest corner of the herein described tract; THENCE with a curve to the left containing the following elements, a radius length of 550.00 feet, an arc length of 99.14 feet, and whose chord bears S03 ° 18'05 "W for a distance of 99.01 feet to an iron rod found at a point of tangency on the said East Right -of -Way line of Round Rock Boulevard; THENCE S01 °51'49 "E for a distance of 236.29 feet to an iron rod found at a point of curvature on the said East Right -of -Way line of Round Rock Boulevard; Page 2 of 3 THENCE with a curve to the left containing the following elements, a radius length of 20.00 feet, an arc.length of 31.38 feet and whose chord bears S46 ° 57 . 12 "E for a distance of 28.26 to an iron rod found for a point of tangency on the North Right -of- Way line of Gattis School Road; THENCE N88 ° 08'31 "E for a distance of 1196.85 feet along the said North Right -of -Way line of Gattis School Road to the POINT OF BEGINNING; CONTAINING 16.680 ACRES OF LAND. The undersigned does hereby certify that the foregoing description represents the results of a survey made on the ground in August of 1993 under my supervision according to law and that it is true and correct to the best of my knowledge and belief. Dennis E. Undexwoo d Registered Professional Land Surveyor No. 4423 Page 3 of 3 101. ?5,5:346E 0885 255.3nOE-O88,6 EXHIBIT B THERE ARE NO LIENHOLDERS OF RECORD CONCEPTUAL SITE PLAN SINGLE FAMILY PATIO HOMES GATTIS SCHOOL ELEMENTARY ENTRY MONUMEATATION FENCED GREBBELT ND ROCK RANCH AMENITY AREA 1 • RO.UND •ROC R NCH PUD -------- LANDSCAPED ISLANDS. EXTERIOR FENCING ( • b, \ • DEN \ /ENGIN \ •"; • SURVE DEVEL OPMENT \ AREA ) LANDSCAPF_G ENTRY .5 SII7EWALK:\ ENTRY MONUMENT SCALE = und Rock Ranch Ltd. 14.c.,Te.yres WT: 102 . Hanietngineering R: Brandt Surveying CONCEPT C riVUIVU K VI.� KHIVC;i'1 I'.U.U. EMERGENCY FIRE ACCESS ONLY THE FENCE AT THE REAR OF THE UNIT CONNECTS TO AD UNIT FOR GREENBELT 35' TO 40' IN WIDTH. FRONT YARD SETBACKS ARE STAGGERED . FROM 15' TO 25' FOR A SPACIAL STREETSCAPE PATIO HOMES PRODUCT SIZE VARIES FROM & 50.3\-4 1 � 5' DRAINAGE & MAINTENANCE ENT. . 0' SIDE YARD EXHIBIT D c44 VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 CUL: DE: SAC DETAIL • voi:2553PinF0(S9 cv a 8.5' OFF 27' Pavement 28' Curb To Curb EMERGENCY FIRE ACCESS Landscaped Median 2 -3 STREET PARKING SPACES EXHIBIT E 25' Pavement Min. ROUND ROCK RANCH P.U.D. a VINCENT GERARD AND ASSOCIATES 102 W • estlake ake Drive, Suite 100, Austin, Texas, 78746 . von.2553PAGE0800 LANPNAP ROUND ROek RANCH PUD SECURITY . GATES 30' RADIUS 'TURNAROUND ENTRY MONUM M ENTRY DESIGN 17' 8' -17'— 6'-1 Curb to Curb STAMPED CONCRETE 1fIS1YiOR'S CALL BO)( MAILBOX KIOSK SHELTER EXHIBIT F VINCENT GERARD AND ASSOCIATES a 102 Westlake Drive, Suite 100, Austin, Texas, 78746 ROUND 'ROCK RANCH PUD , 6' PUE UTILITY ASSIGNMENTS PRIVATE STREETS 28' CURB TO CURB 3.5 Sidewalk PAVEMENT EXHIBIT G vot. 2553E AGE O89! 6' PUE VINCENT GERARD AND ASSOCIATES (0' Westlake Drive, Suite 100, Austin, Texas, 78746 / ROUND ROCK RANCH PUD EXHIBIT H BRICKCRETE/ BRICKCRETE/ BRICKCRETE/ OR'- WOODCRETE FENCING MATERIAL WOOD /WOODCRETE WOODCRETE HORIZONTAL SLAT TYPE WITH TRELLIS WORK ors 50' GATTIS SCHOOL ROAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET FROM FRONT TO BACK BETWEEN SECTIONS VINCENT GERARD AND ASSOCIATES, , 102 Westlake Drive, Suite 100, Austin, Texas, 78746 ARCHITECTURAL SCHEMATIC ■0C� t — a it VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 EXH-IIBI ' voi.2553 U 8 4 f ■ GATED COURTYARD ENTRY MASONRY AND STEEL FENCING SCHEMATIC GREENBELT & PATIO HOME LAYOUT STREET VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 j MEANDERING PATHWAY (crushed or washed granite) PATIO & DECK AREAS —&—SIDE YARD (10' MIN.) • ROUND `ROCK RANCH PUD TYPICAL LANDSCAPED MEDIAN DETAIL PRIVATE TREETS. 4 • . - s 1• );.,.1L r , nt<; r1,:ax t' .;r,1i 1 el 4 'a ^s ..— or' r,o ,.,1 'J F 'v „I 4 i.": z - w t* e Tai 1 7 ;: �i : ,`:4 lin:P it t8 ; 139 b Z t i ' toit, - ----, ( ' * 6 V! F.►3 YIHUc i t MN ,V11:103 1:02Milit 28' Curb to Curb 4o` EXHIBIT K von. 255 . 3PMME0895 OW- VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 2553PAGEO896 STATE OF TEXAS COUNTY OF WILLIAMSC:'I 1 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 4 ' • ` ' a n � °' .c r -r N ca r7 6k� N r. tit JUN 2 2� �:G'ldL0fL r_ � COUNTY CLERK ..<2 WILLIAMSON coonn.1UA3 m k v • • Planning Department City of Round Rock 221 East Main Street Round Rock, Texas 78664 r.ILED FOR 9,-Teopo 't'. X. 1394 JUN 22 Ali 8 36 3128 ,44,04 .16 4