Z-94-10-27-9D - 10/27/1994 (2)vol. 2638PAGE0638
THE STATE OF TEXAS *
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK
Round Rock, Texas,
and correct copy of
the City of Round Rock, Texas,
QtJ &v , 19 4 `t
Round Rock in Book 3,9—).
which
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of
do hereby certify that the above and foregoing is a true
an ordinance passed
at
DOC# 9456014
and adopted by the City Council of
t/v
a meeting held on the a /— day of
is recorded in the minutes of the City of
CERTIFIED by my hand and seal ll of the City of Round Rock, Texas on
this I� day of 7)00.0&&&, 19`7 `f.
1 6 0f J / ' Jr
J &ANNE LAND,
Assistant City Manager/
City Secretary
IIFFICI* . RECORDS
WILLIAMSON COUNTY TEXAS
•
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 TF (Two
Family), District C -2 (Local Commercial), District SF -2 (Single
Family- Standard Lot), and District SF -1 (Single Family -Large Lot),
and attached hereto and incorporated herein to District Planned
Unit Development (PUD) No. 15, said exhibit being attached hereto
and incorporated herein, 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 19th day of October,
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
KS /ORDINANCE
ORSPRING.2
r 1 VOI.263SPAGE6609
ORDINANCE NO. Z- q`�- /0 -Q7- l Q
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE .68
ACRES OF LAND OUT OF THE WILLIAM BARKER SURVEY,
ABSTRACT 107, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS
FROM DISTRICT TF (TWO FAMILY), 1.68 ACRES OF LAND OUT
OF THE WILLIAM BARKER SURVEY, ABSTRACT 107 FROM
DISTRICT C -2 (LOCAL COMMERCIAL), 65.48 ACRES OF LAND
OUT OF THE C.E. ROWE SURVEY, ABSTRACT 871, AND 6.36
ACRES OUT OF THE WILLIAM BARKER SURVEY, ABSTRACT NO.
107 TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 15..
voi.2638PaoE0
that the Official Zoning Map be amended so that the zoning
classification of the property described in Exhibit "A" be changed
to District PUD No. 15, and
WHEREAS, on the 27th day of October, 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, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1990 Edition), City of Round Rock,
Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 15 meets the following goals and objectives:
(1) The development in PUD No. 15 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 15 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 15 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 15 will be adequately provisioned by essential
public facilities and services including streets,
2.
0701
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 15 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1990 Edition), City of Round Rock, Texas is
hereby amended so that the zoning classification of the property
described in Exhibit "A ", attached hereto and incorporated herein
be changed to District Planned Unit Development (PUD) No. 15, and
that the Mayor is hereby authorized and directed to enter into the
Agreement regarding the Development Plan for PUD No. 15 attached
hereto as Exhibit "B ", which agreement shall govern the development
and use of said property.
III.
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.
,(n/` }� SS and ADOPTED on first reading this O / -day
V
of . /LT , 1994.
3.
V ol..2538PAGEO7O2
Alternative 2.
READ and APPROVED on first reading this the day of
1994.
READ, APPROVED and ADOPTED on second reading this the
day of , 1994.
ATTEST:
LAND, City Secretary
(g
CHARLES CULPE 9 ER, Mayor
City of Round
4.
Rock, Texas
EXHIBIT A (SF- 2)(Ordinance)
'DESCRIPTION OF 67.84 ACRES, MORI OR LESS, OF LAND ARIA, IN Page 1
THE C.E.
SURVEY, ABSTRACT NO. 871, THE NEMUCAN HUNT SURVEY, ABSTRACT NO. 314, AND THE
WILLIAM DARKER SURVEY ABSTRACT NO. 107, IN wILLIAMEON COUNTY, TEXAS, BE1N0 a
PORTION OR THAT 100.16 ACRE TRACT OP LAND DESCRIBED IN A DEED DATED NOVEMBER
30, 1491 FROM NCNB TEXAS NATIONAL DANK, TO FEDERAL DEPOSIT INSURANCE
CORPORATION, AB RECORDED IN VOLUME 2082, PAGE 984 OP THE WILLIAMSON COUNTY DEED
RECORDS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of Louis Henna Boulevard. for
the northwest corner of the eforereferenced 67.84 sere tract, same being the
east corner of that 5.00 acre tract of land described in a deed dated November
20, 1974 from Earthel C. Henderson, et ux. to Larry T. Dill. as recorded in
volume 600, Page 416 of the Williamson County Deed Records. and being the
northwest corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill Tract, with
the common line of Louis Henna Boulevard, and the 67.84 acre tract, the
following three (3) courses:
1. H 74 ° 09'35' E 842.72 feet to an iron rod found at the beginning of a
right breaking curve: and
2. with said right breaking curve having a radius Length of 2000.00 feet, an
are length of 743.54 feet, and a radius which bears N 84 ° 49'L0' E 739.26
feat to a P.R. nail found in rock; and
3. S 84 E 374.22 feet to an iron rod found at the intersection
the south line of Louis Henna Boulevard and the southwest lino or the
abandoned Meister Lane right of way, for the northeast corner of the
67.84 acre tract, same being the northeast corner of the herein deeribed
tract Of land:
THENCE Louis Henna Boulevard, with the common line of the 67.8a acre and the
abandoned Meister Lane right of way. S 63 ° 00'05' E 1191.34 fast to an iron
rod found at the intersection the wee; line of Schultz Lone, and the northeast
line of the abandoned Meister Lane right of way, for the east corner of the
67.84 sere tract same being the east corner of the herein described tract of
land;
THENCE leaving the abandoned Meister Land right of way. with the common line of
Schultz Lane and the 67.84 acre tract. 6 29'16'20" w 1270.12 feet to a
concrete monument found for the south corner of the 67.84 acre tract, same
being the east corner of that 17 acre :ract of land described in a deed dated
February 17, 1967, from James K. Pieheiberger, Jr., to Edgar S. Daugherty, as
recorded in Volume 517, Page 445 of the Williamson County Deed Records, and
being the south conrer of the herein described tract of land:
THENCE leaving Schultz Lane , with the common line of the 67.84 acre tract and
the a£orereferenced Daugherty Tract, N 65 ° 40'50" W 2746.69 feet to an iron
rod found in the southeast line of the aforeraforenced Gill Tract, for the west
corns: of the 67.84 acre tract, same being the north corner of the Daugherty
Tract. and being the west corner of the herein described tract of land;
THENCE leaving the Daugherty Tract, with the
tract and the Gill Tract, N 29 °08'4S' E
BEGINNING. ?here are contained within these
more or less, of land area, as described
meeaurements made on the ground on January 8,
Company of Austin. Texas.
common line of the 67.04 acre
293.62 feet to the PLACE OF
metes and bounds, 67.84 acres,
from record information and
1994 by McMinn Land Surveying
0
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
( Austin, Texas 76709
(5121 343-1970
0A73 a July 6, 1994
up SURVEY s C. E. ROME SURVEY, AUSTSACT NO. 971, MEMUCAN HUNT SURVEY.
O
C. Michael McMinn, Jr., 1.P.L.9. 100:
a ABSTRACT H0. 114, WILLIAM DARKER SURVEY ABSTRACT NO. 107.
Up COUNTY : Williamson, Texas.
J.0. Ho. s 012294
CC) LNDA0122 -
C7 SAVE AND EXCEPT: (Description of TF (Two Family) Tract)
DESCRIPTION OF 0.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
PROCEEDING from an iron rod found at the intersection of the south
line of Louis Henna Boulevard and the south line of the Abandoned
Meister Lane right of way S 63 °00'05" E 479.53 feet to the PLACE OF
BEGINNING;
THENCE leaving the PLACE OF BEGINNING, with the common line of the
abandoned Meister Lane right of way and the northeast line of the
herein described tract of land S 63 °00'05" E 197.47 feet to the
north corner of the herein described tract of land;
THENCE along the southeast line of the herein described tract of
land S 26 ° 59'55" W 150.00 feet to the south corner of the herein
described tract of land;
THENCE proceeding N 63 °00'05" E 197.47 feet to the west corner of
the herein described tract of land;
THENCE proceeding N 26 °59'55" E 150.00 feet PLACE OF BEGINNING.
There are contained within these metes and bounds, 0.68 acres,
or less, of land area.
5 53'0'05\k 479.53
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Exhibit A Page 2
(Ordinance)
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more
Exhibit A Page 3
(Ordinance)
SAVE AND EXCEPT: (Description of C -1 Tract)
DESCRIPTION OF 1.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107; IN WILLIAMSON COUNTY,
TEXAS,, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a p.k. nail found on the south line of Louis Henna
Boulevard south of the intersection of County Road 169, and Louis
Henna Boulevard;
THENCE leaving the PLACE OF BEGINNING, proceeding along the south
line of Louis Henna Boulevard S 84 °32'05" E 16.65 feet to the
northeast corner of the herein described tract of land;
THENCE leaving Louis Henna Boulevard, and proceeding along the east
line of the herein described tract of land with a right breaking
curve having a radius length of 2000.00 feet, and arc length of
349.07 feet, and a chord which bears S 10 °27'54" W 348.62 feet to
the southeast corner of the herein described tract of land;
THENCE proceeding S 65 °40'52" E 234.89 feet to the southwest corner
of the herein described tract of land;
THENCE proceeding N 08 °06'48" E 259.10 feet intersecting with the
south line of Louis Henna Boulevard and being the northwest corner
of the herein described tract of land;
THENCE proceeding along the common line of Louis Henna Boulevard
and the herein described tract of land and proceeding along a right
breaking curve having a radius length of 2000.00 feet, an arc
length of 224.52 feet, and a chord which bears S 87 °44'48" E 224.40
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 1.68 acres, more or less, of land area.
•
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voi.2638PAGEO7OG
Exhibit A Page 4
(Ordinance)
SF -1 (Interim)
DESCRIPTION OP 6.36 ACRES, MORE OR LESS, OF LAND AREA, 5N THE WILLIAM
BARRER SURVEY ABSTRACT N0. 107, IN WILLIAMSON COUNTY, TEXAS, 1.08
'ACRES. MORE OR LESS, OP LAND AREA BEING A PORTION OF THE ABANDONED
MEI5TER LAND RIGHT OF WAY, 1.40 ACRES AND 3.56 ACRES, MbRE OR LESS, OF
LAND AREA, BEING PORTIONS OF THAT TRACT OP LAND CONVEYED IN A DEED
DATED AUGUST 9, 3993 FROM BUILDERS MORTGAGE CORP., TO BCW JOINT
VENTURE, AS RECORDED IN VOLUME 2371, PAGE 190 OP THE WILLIAMSON`"COUNTY
DEED RECORDS, AND 0.32 CF AN ACRE BEING THAT TRACT OF LAND KNOWN AS
SPRINGRIDGE DRIVE, AS DESCRIBED IN A PARTIAL RELEASE OP LIEN RECORDED
IN VOLUME 1591, PAGE 192 OF THE WILLIAMSON COUNTY DEED RECORDS, AND
BEING MORE PARTICULARLY DESCRIBED BY HETES AND BOUNDS AS FOLLOWS,
BEGINNING at an Iron rod found at the intersection the south line of
Louis Henna Boulevard and the a outhwest line of the afcrerefereneed
abandoned Meister Lane right of way, for the northeast corner of a
67.64 acre portion of that 100.16 acre tract of land described in a
deed dated November 30, 1991 from NCNB Texas National Bank to the
Federal Deposit Insurance Corporation, as recorded in Volume 2082.
Page 984 of the Williamson County Deed Records, and being the west
corner of the herein described tract of land,
THENCE leaving the PLACE OF BEGINNING, and (laid 67.84 acre tract, with
the common line of Louis Henna Boulevard and the 1.00 acre tract.
S 84 ° 31'25" E 116.80 feet to an iron rod found at the intersection of
the south Line of Louis Henna Boulevard and the northeast line of the
abandoned Meister Lane right of way, for the northwest corner of the
1.08 acre tract, same being the went corner of the eforereferenced
1.43 acre tract,
THENCE leaving the 1.0E acre tract, with the common lino of Louis
Henna Boulevard and the 1.40 acre tract, 5 84 E 539.10 feet
to an iron rod found at the intersection of the south line of Louis
Henna Boulevard and the west line of the .f orere ferenced Springridge
Drive right of way, for the northeast Corner of the 1.40 acre tract,
same being the northwest corner of the eforereferenced 0.32 acre
tract;
THENCE leaving the 1.40 r a tract, with the common line of Loui.
Henna Boulevard and the 0.32 acre tract, S e4 ° 35'05' E 110.04 feet
to an iron rod found at the intersection of the south line of Louis
Henna Boulevard and the east line of the of ?reref erenced Springridge
Drive right of way, for the northeast corner of the 0.32 sere tract,
same being the northwest corner of the aforereferencld 3.56 acre
tract;
THENCE leaving the 0.32 acre tract, with the common line of Louie
Henna Boulevard and the 3.56 acre tract, S B4 °34'15" 8 443.21 feet
to an iron rod found at the beginning of a right breaking curve, at
the intersection of the south line of Louis Henna Boulevard and the
west line of the Schultz Lane. for the northeast corner of the 3.56
acre tract, same being the northeast corner of the herein described
tract of land;
THENCE leaving Louie Henna Boulevard, with the common line of Schulte
Land and the 3.56 acre tract, the following three (3) cduraee:
1. with a right breaking curve having a radio. length of 25.00
feet, an arc length of 39.18 feet, and a chord which bears S
00 ° 03'00" E 35.29 feet to an iron rod found at a point of
compound curvature;
2. with a right breaking reels.). a having a rediu length of 556.88
feet. an arc length of 231.99 feet, and a chord which bear, S
17'21'35" W 230.31. feet to an iron rod found; and
3. 5 29 ° 20'55" W 164.28 feet to an iron rod found at the
intersection the west line of Schultz Lane, and the northeast
line of the abandoned Meister Lane right of way, for the
southeast corner of the 3.56 acre tract, same being the
northeast corner of the 1.08 acre tract;
Exhibit A Page 5
(Ordinance)
SF -1 (Interim)
THENCE leaving the 3.56 acre tract, and croeeing the abandoned Heists
Land right of way, with the common line of Schultz Land, and the 1.08
ACC(' tract. S 23'20' N 39.59 feet to an iron rod found at the
intersection of the vest line of Schultz Lane and the southwest line
of the abandoned Meister Lane right at way, for the southeast earner
of the 1.08 acre tract, same being the east corner of the
aforerefsrenc.d 67.84 acre tract,
THENCE leaving the Schultz Land. with the common line of the 1.08 acre
tract and the 67.84 acre tract, N 63'00 N 1191.34 test to the
PLACE OF 8001NNING. There are contained within these mates and
Sounds, 6.36 acres, more or less. of Land area, ac described from
record information and measurements made on the ground on January 8.
1994 by McMinn Land Surveying Company of Austin, Texas.
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vol.2638PA6E0708
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ AGREEMENT AND
§ DEVELOPMENT PLAN
FOR SPRING RIDGE PUD
NO. 1b
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City "), and Alborz
Corporation and Austin Custom Home Builders Joint Venture, their
respective successors and assigns, having its offices at 4116
Burney Drive, Austin, Texas, 78731 (hereinafter referred to as the
"Owner ") .
WHEREAS, the Owner has submitted a request to the City to re-
zone 74.20 acres of land as a Planned Unit Development ( "PUD "), said
acreage being more particularly described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof (hereinafter
referred to as the "Property "), and
WHEREAS, on October 19, 1994, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1990 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.16 below are followed.
KS /ROUNDROCK
AGRSPRNG.3 /10/24/94
I.
GENERAL PROVISIONS
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1990 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.4 Entire Agreement.
5.5 Applicable Law.
2.
VOL.2G38PAGEO7OO9
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
YOL.2638PAGEO71O
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
OWNER
1. DEFINITIONS
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
Alborz Corporation and
Austin Custom Home
Builders Joint Venture
4116 Burney Drive
Austin, Texas 78731
Attn: Mike Hassibi
5.10 Effective Date.
II.
DEVELOPMENT PLAN
3.
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1990
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
2. PROPERTY
vol.. 2638PA6EO 1 si
This Development Plan ( "Plan ") covers 74.20 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto.
3. PURPOSE
The purpose of this Plan is to insure a Planned Unit
Development ( ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not 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.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
5. PERMITTED USES
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5.1 Initial Phase
The permitted uses of the Property shall be as a
primarily residential subdivision with single family
lots, along with commercial lots, and an amenity area as
shown on the Preliminary Plan attached hereto as Exhibit
"C ", attached hereto and incorporated herein. The PUD
shall conform to all requirements as set forth in this
Agreement and Plan and, if not set forth herein, by
applicable sections in the Code.
6. RESIDENTIAL LOT SIZES
The minimum residential lot size shall be 5,000 square feet.
The minimum width of any single family lot shall be fifty (50)
feet at the building line.
4.
YO1. 2638PAGEO712
7. BUILDINGS
7.1 Setbacks
The minimum front setback requirement shall be 15 feet
from the property line. All garages must be a minimum of
20 feet from the property line, unless a side entry
garage format is utilized.
7.2 Construction
8. LANDSCAPING
All buildings will be constructed of at least 75% masonry
materials on the first floor and 25% on the second floor.
The front facade will be constructed of 100% masonry
materials, excluding gables, doors, windows, vents and
trim. No 4 x 8 wood or wood composite panels shall be
used for siding. Only washboard style or other quality
wood or wood composite materials, placed in a horizontal
fashion, shall be used on the exterior of the building.
7.3 Garages
All residences shall include two -car garages, set back a
minimum of twenty (20) feet from the property line,
unless utilizing a side entry garage design. All single
family lots shall have a minimum of four (4) parking
spaces, two of which may be in the garage. No garages
shall be converted into bedrooms, dens, studies or any
living areas for the occupants; provided, however,
builders may temporarily convert the garage of a model
home, but the City of Round Rock shall not be obligated
to issue a certificate of occupancy, or permanently
provide utilities until any such garage is re- converted
for the parking of automobiles.
8.1 Landscaping
Before issuance of the first building permit for home
construction, the Owner must sign a landscape agreement.
Said agreement will require the Owner or Homeowner's
Association, as described in Section 17, below, to
maintain any and all features such as landscaping or
irrigation systems that encroach in any public right -of-
way within the land.
9. STREETS AND UTILITIES
9.1 Entrances and Entry Roadway
Owner may provide one entrance from Louis Henna Blvd.
into the PUD, as shown on Exhibit "D ", attached hereto
and incorporated herein. The entry road shall be designed
with a divided, landscaped median, to be maintained by
the Homeowner's Association. Any other entry structures
5.
10. FENCING
11. PARKING
VOL. 26 3 8 PAGE O 713
must be approved by the Director of Public Works, The
Director of Planning, and the City Attorney. A licensing
agreement will be entered into between the City and the
Owner if required by the City Attorney.
9.2 Cul -de -sacs
By acceptance of this PUD, the maximum length of cul -de-
sacs required by the Code is waived.
9.3 Underground Electric and Utility Lines
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 shall be
placed underground. No rooftop or anchored antennas of
any kind will be allowed within the PUD.
10.1 Fence Construction
All perimeter fences shall be constructed pursuant to
Section 11.318 of the Code or with wood, woodcrete,
masonry or landscaping, or a combination thereof, with
rust resistant iron and steel supports. All perimeter
fencing shall be constructed with a finished side facing
outward from the PUD. All perimeter fences on Louis Henna
Blvd. and Shultz Lane shall be constructed and accepted
along with normal subdivision improvements.
10.2 Approval of Plans
No construction of perimeter fencing shall be commenced
until fence construction plans are submitted to and
approved by the Director of Planning and Community
Development.
11.1 Adequacy of Parking
The Owner shall provide adequate parking spaces
sufficient to accommodate all parking needs for the
intended uses within the PUD. All single family lots
shall have a minimum of four (4) parking spaces, two of
which may be in the garage.
11.2 Off - Street Parking
No recreational vehicles, boats or trailers shall be
allowed to be parked within the PUD, unless same are
parked in garages and the garage doors remained closed
except when in use.
6.
voi. 2638[1,6E0'714
12. SIDEWALKS
All sidewalks shall be constructed pursuant to Section 8.604
of the Code except sidewalks are not required along Louis
Henna Blvd. or Schultz Lane.
13. AMENITY AREAS
13.1 Amenity Area
The amenity area, as depicted on the Preliminary Plan
attached as Exhibit "C ", may be owned and maintained by
the Homeowner's Association.
13.2 Parkland Dedication
The parkland dedication requirement as stated in Section
8.615 of the Code shall be satisfied with the dedication
to the City of the areas and drainage easements as
depicted in Exhibit "C ".
13.3 Flood Plain
Amenities within the land may be located in the 100 year
flood plain if such amenities are not building or
swimming pools, and are approved by the Director of
Public Works.
14. GENERAL SIGNAGE STANDARDS
All entry monumentation visible from Louis Henna Blvd. shall
be constructed for low maintenance and shall be approved in
advance by the Director of Planning. In the event a sign is
not properly maintained, the City may give the sign owner
written notice thereof. Required repairs must be made within
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 Homeowner's Association will own and maintain all entry
signs associated with the PUD.
15. RIGHT OF FIRST REFUSAL
As a condition of this agreement, Owner agrees to grant to
Williamson County a right of first refusal for a period of
five (5) years from the date of this Agreement to acquire any
needed right -of -way along Louis Henna Blvd. This right of
first refusal must be exercised by the County within thirty
7.
(30) days after Owner gives the County written notice that it
has received a bona fide offer from a disinterested third
party to purchase all or any portion of the commercial lots
designated on Exhibit "C ".
16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
16.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning.
16.2 Manor Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
16.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
17. HOMEOWNER'S ASSOCIATION
17.1 Review Before Final Plat
A Homeowner's Association shall be established at time of
final platting for the PUD. The association's creation
documents shall be submitted for review to the Director
of Planning and Community Development and the City
Attorney at the final plat stage. The mechanism for
funding and collection of fees will be reviewed and
approved by the City Attorney at the final plat stage.
17.2 Responsibilities of Homeowner's Association
In addition to other responsibilities imposed on the
homeowner's association in this Plan, the Association
shall be responsible for maintaining all landscaping,
irrigation systems, greenbelts and amenity areas within
the PUD not dedicated to the City.
17.3 Enforcement of Deed Restrictions
The Homeowner's Association shall be the entity
responsible for enforcing the deed restrictions. Although
the City reserves the right to enforce any provisions in
this Plan, it is not the intent of the City to assume
responsibilities normally reserved to a Homeowner's
Association.
8.
voL. 26 38 PAGE 0715
voL.2O38PAGEO71G
18. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
CITY OF ROUND ROCK
By:
Charles Culpe er, Mayor
Date: i0 — 7— 9
ALBORZ CORPORATION
a Texas Corporation
By:
Date:
By:
Mike Hassibi, President
AUSTIN CUSTOM HOME BUILDERS
Joint Venture
Richard ,, Jenkins,
Managing Venturer
Date: //— 9 - 94/
EXHIBIT A (SP -2)
1
▪ DESCRIPTION OF 67.84 ACRES. MORZ OA LESS, OF LARD ARIA, IN Page THE C.E. ROVE
SURVEY, ABSTRACT N0. 871, THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, AND THE
WILLIAM BARKER SURVEY ABSTRACT No. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT 100.16 ACRE TRACT O? LAND DESCRIBED IN A DEED DATED NOVEMBER
30, 1991 FROM NCNB TEXAS NATIONAL BANK, TO TEDIIMAL DEPOSIT INSURANCE
CORPORATION, AS RECORDED IN VOLUME 2082. PAGE 984 OF THE WILLIAMSON COUNTY DEED
RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of Louis Henna Boulevard. for
the northwest corner of the aforereferenced 67.84 acre tract, same being the
east corner of that 5.00 acre tract of land described in a deed dated November
20, 1974 From Earthel C. Henderson. et ex. to Larry T. Cill, as recorded in
Volume 600. Page 416 of the Williamson County Deed Records. and being the
northwest corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill Tract, with
the common line of Louis Henna Boulevard. and the 67.84 acre tract, the
following three (3) courses.
1. H 74'09'35' E 842.72 feet to an iron rod found at the beginning of
right breaking curvier end
2. with said right breaking curve having a radius length of 2000.00 feet, an
are length of 743.54 feet, and a radius which bears N 84'49'10' W 739.26
feat to a P.H. nail found in rock; and
3 S 84'32'05 E 374.22 feet to an iron rod found at the intersection
the south Line of Louis Henna Boulevard and the southwest line of the
abandoned Relater Lane right of way, for the northeast corner of the
67.84 acre tract, same being the northeast corner of the herein decribed
tract Of land:
THENCE Louis Henna Boulevard, with the comer; line of the 67.84 acre and the
abandoned Meister Lane right of way, S 63 ° 00'05' E 1191.34 feet to an iron
rod found at the intersection the wes: line of Schultz Lane. and the northeast
line of the abandoned Neieter Lane right of way, for the east corner of the
67.84 acre tract aame being the east corner of the herein described tract of
land;
THENCE leaving the abandoned Relater Land right of way, with the common line of
Schultz Lane and the 67.54 acre tract, S 29'16'20" W 1270.12 feet to a
concrete monument found for the south corner of the 67.84 acre tract, same
being the east corner of that 17 acre tract of land described in a deed dated
February 17, 1967. from James H. P.ichelberger, Jr., to Edgar s. Daugherty, as
recorded in Volume 517, Page 445 of the Williamson County Deed Records, and
being the south conner of the herein described tract of land;
THENCE leaving Schultz Lane , with the common line of the 67.84 acre tract and
the aforereferenced Daugherty Tract, N 65'40'50" w 2746.69 feet to an iron
rod found in the southeast line of the aforereferenced Gill Tract. for the west
corns: of the 67.84 acre tract, same being the north corner of the Daugherty
Tract. and being the west corner of the herein described tract of land;
THENCE leaving the Daugherty Tract, with the common line of the 67.84 acre
tract and the Gill Tract, N 29 ° 08'45' E 293.62 feet to the PLACE Or
BEGINNING. There are contained within these metes and bounds, 67.84 acres,
more or leas. of land area. as described from record information and
meeaurements made on the ground on January 8, 1994 by McMinn Land Surveying
Company of Austin, Texas.
(Agreement)
O
C. Michael McMinn, Jr., R.T.L.S. Ito. 426
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
05121 343 -1970
DATE : July 6. 1994
SURVEY 1 C. E. ROME SURVEY, ABSTRACT NO. 671, MEMUCAN HUNT SURVEY,
ABSTRACT NO. 314, WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No. 1 012294
LNDA0122
SAVE AND EXCEPT: (Description of TF (Two Family) Tract)
DESCRIPTION OF 0.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
PROCEEDING from an iron rod found at the intersection of the south
line of Louis Henna Boulevard and the south line of the Abandoned
Meister Lane right of way S 63 °00'05" E 479.53 feet to the PLACE OF
BEGINNING;
THENCE leaving-the PLACE OF BEGINNING, with the common line of the
abandoned Meister Lane right of way and the northeast line of the
herein described tract of land S 63 °00'05" E 197.47 feet to the
north corner of the herein described tract of land;
THENCE along the southeast line of the herein described tract of
land S 26 °59'55" W 150.00 feet to the south corner of the herein
described tract of land;
THENCE proceeding N 63 °00'05" E 197.47 feet to the west corner of
the herein described tract of land;
THENCE proceeding N 26 °59'55" E 150.00 feet PLACE OF BEGINNING.
There are contained within these metes and bounds, 0.68 acres,
or less, of land area.
5 63'0'05\k 479.53
O N
5. i Cs 1% a.. n
6033 011 w.
J
Exhibit A Page 2
(Agreement)
more
t
SAVE AND EXCEPT: (Description of C -1 Tract)
DESCRIPTION OF 1.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a p.k. nail found on the south line
Boulevard south of the intersection of County Road
Henna Boulevard;
THENCE leaving the PLACE OF BEGINNING, proceeding
line of Louis Henna Boulevard S 84 °32'05" E 16.
northeast corner of the herein described tract of
)!:
•
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•
41
••• . J, 414
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4
S 63'0':,3 E 379.53
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1
Exhibit A Page 3
(Agreement)
of Louis Henna
169, and Louis
along the south
65 feet to the
land;
THENCE leaving Louis Henna Boulevard, and proceeding along the east
line of the herein described tract of land with a right breaking
curve having a radius length of 2000.00 feet, and arc length of
349.07 feet, and a chord which bears S 10 °27'54" W 348.62 feet to
the southeast corner of the herein described tract of land;
THENCE proceeding S 65 ° 40'52 °.E 234.89 feet to the southwest corner
of the herein described tract of land;
THENCE proceeding N 08 °06'48" E 259.10 feet intersecting with the
south line of Louis Henna Boulevard and being the northwest corner
of the herein described tract of land;
THENCE proceeding along the common line of Louis Henna Boulevard
and the herein described tract of land and proceeding along a right
breaking curve having a radius length of 2000.00 feet, an arc
length of 224.52 feet, and a chord which bears S 87 °44'48" E 224.40
feet to the PLACE OF BEGINNING., There are contained within these
metes and bounds, 1.68 acres, more or less, of land area.
•
VOL.2638PAGEO72O
Exhibit A Page 4
(Agreement)
SF -1 (Interim)
DESCRIPTION OF 6.36 ACRES, MORE OR LESS. OP LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT N0. 107, IN WILLIAMSON COUNTY, TEXAS, 1.08
'ACRES, MORE OR LESS, OP LAND AREA BEING A PORTION OF THE ABANDONED
MEISTER LAND RIGHT OF WAY. 1.40 ACRES AND 3.56 ACRES, MORE OR LESS. OF
LAND AREA, BEING PORTIO05 OF THAT TRACT OP LAND CONVEYED LN A DEED
DATED AUGUST 9. 1993 PROM BDILDERS MORTGAGE CORP.. TO DCW JOINT
VENTURE, AS RECORDED IN VOLUME 2371. PAGE 190 OF THE WILLIANSON•-COUNTY
DEED RECORDS, AND 0.32 CF AN ACRE BEING THAT TRACT OP LAND 00008 AS
SPRINORIDOE DRIVE, AS DESCRIBED IN A PARTIAL RELEASE OP LIEN RECORDED
IN VOLUME 1591. PAGE 192 OF THE WILLIAMSON COUNTY DEED RECORDS, AND
BEING MORE PARTICULARLY DESCRIBED BY HETES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the intersection the south line of
Louts Henna Boulevard and the southwest line of the aforerefereneed
abandoned Meister Lane right of way, for the northeast corner of a
67.84 acre portion of that 100.16 acre tract of land described in e
deed dated November 30, 1991 from NCNB Texas National Bank to the
Federal Deposit Insurance Corporation, as recorded in Volume 2082.
Page 984 of the Williamson County Deed Records. and being the west
corner of the herein described tract of land:
THENCE Leaving the PLACE OF BEGINNING, and said 67.84 acre tract, with
the common line of Louis Henna Boulevard and the 1.08 acre tract.
s 87'31'25' E 116.80 feet to an iron rod found at the intersection of
the south line of Louis Hanna Boulevard and the northeast line of the
abandoned Meister Lane right of way, for the northwest corner of the
1.08 acre tract, same being the west corner of the aforereferenced
1.49 acre tract;
THENCE leaving the 1.00 acre tract, with the common lint of Louis
Henna Boulevard and the 1.40 acre tract, 5 84 E 539.10 feet
to an Iron rod found at the intersection of the south line of Louis
Henna Boulevard and the west Line of the aforerefe ceneed Springrldge
Drive right of way. for the northeast corner of the 1.10 acre tract,
same being the northwest corner of the aforere£erenced 0.32 acre
tract;
THENCE leaving the 1.40 acro tract, with the common 11ne Of LoUls
Henna Boulevard and the 0.30 acre tract, S 86'35'05' E 110.04 feet
to an iron rod found at the intersection of the south line of Louis
Henna Boulevard and the east line of tha afgraref crenced Sp:ingridge
Drive right of way, for the northeast corner of the 0.32 acre tract,
sane being the northwest corner of the aforereferenca3 3.56 acre
tract; • ,
THENCE leaving the 0.32 acre tract, with the common line of Louis
Henna Boulevard and the 3.56 acre tract, 6 84 E 443.21 feet
to an iron rod found et the beginning of a right breaking curve, at
the intersection or the south lino of Louis Henna Boulevard and the
west line of the Schultz Lane. for the northeast corner of the 3.56
acre tract, acme being the northeast corner of the herein described
tract of land;
THENCE leaving Louie Hanna Boulevard, with the common line of Schulte
Land and the 3.56 acre t :net. the following three (3) cdurees:
1. with a right breaking curve having a radius length 02 25.00
feet. an arc length of 39.18 feet, and a chord which bears S
60 E 35.29 feet to an iron rod found at a point of
compound curvature;
2. with a right breaking curve having a rediue length of 556.88
feet. an arc length of 231.99 feet. and a chord which bear, S
17 W 230.31 feet to an iron rod found; and
3 5 29'20'55" H 164.28 feet to an iron rod found at the
intersection the west line of Schultz Lane, and the northeast
line of the abandoned Meister Lane right of way, for the
southeast corner of the 3.56 acre tract, same being the
northeast corner of the 1.08 acre tract;
THENCE leaving the 3.56 acre tract, and araeaing the abandoned Meister
Land right of way, with the common line of Schultz Land. and the 1.08
acre tract. 5 23'20' w 39.59 feet to en iron rod found at the
intersection of the west line of Schultz Lane and the. southwest line
of the abandoned Meister Lane right of way, for the southeast corner
Of the 1.08 acre tract, same being the east corner Of the
aforereferenced 67.84 acre tract;
THENCE leaving the Schultz Land. with the common line of the 1.08 acre
tract and the 67.84 acre tract, N 63 w 1191.34 feet to the
PLACE OF BEGINNING. There are contained within these metes and
bounds, 6.36 acres, more or less, of land area, as described from
record information and measurements made on the ground on January 6,
1994 by McMinn Land Surveying Company of Austin, Texas.
i
3,+ a araaa. a 4 4.,
t
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/555.? C015.01551101 • • 'g� t
NAM aaa ea,ae311 Z� _..— 1.90 A
t
ADCs CORPORATION a
amN has armors 17 ws
1 1
1 O 1
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/ %f 0 �_______- -
5 63'0'05 .,E 479.53
Exhibit A Page 5
(Agreement)
SF - (Interim)
555 501+41
5115751 55045,515.5557 5511
vH. 2638P! EO722
EXHIBIT "B"
TO THE AGREEMENT
REGARDING DEVELOPMENT PLAN
FOR PUD NO. 15
LTENHOLDERS' CONSENT
There are no lienholders of record.
voi.2638PQGEO723
PROFESSIONAL DEOGII GROW
SPRING RIDGE SUBDIVISION
EXHIBIT 'C'
voL.2638pAGE0724
,7Z1 AJ 1
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK. TEXAS 78664
DacO : 9456014
Rec. $ 63.00
Date : 11 -18 -1994
Tine : 10:50:08 N.M.
Filed 8 Recorded in
Official Records
of MILLIRMBOM County, TX.
ELAINE BIZZELL
COUNTY CLERK
voL.2638PAGE0?25
THE STATE OFTEXAS
COUNTY OF Yi1 WAIASON
This Is to certify that U document was RLED aad
RECORDED In the ORldal Pi01a Records of
Manson County, Taos on the dab nld:ta a
COUNTY WIWAFAS�COUNTY, TWA
KS /ORDINANCE
ORSPRING.2
ORDINANCE NO. Z - - I D 4 1 7- 9
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE .68
ACRES OF LAND OUT OF THE WILLIAM BARKER SURVEY,
ABSTRACT 107, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS
FROM DISTRICT TF (TWO FAMILY), 1.68 ACRES OF LAND OUT
OF THE WILLIAM BARKER SURVEY, ABSTRACT 107 FROM
DISTRICT C -2 (LOCAL COMMERCIAL), 65.48 ACRES OF LAND
OUT OF THE C.E. ROWE SURVEY, ABSTRACT 871, AND 6.36
ACRES OUT OF THE WILLIAM BARKER SURVEY, ABSTRACT NO.
107 TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 15..
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 TF (Two
Family), District C -2 (Local Commercial), District SF -2 (Single
Family- Standard Lot), and District SF -1 (Single Family -Large Lot),
and attached hereto and incorporated herein to District Planned
Unit Development (PUD) No. 15, said exhibit being attached hereto
and incorporated herein, 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 19th day of October,
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 No. 15, and
WHEREAS, on the 27th day of October, 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, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1990 Edition), City of Round Rock,
Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 15 meets the following goals and objectives:
(1) The development in PUD No. 15 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 15 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 15 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 15 will be adequately provisioned by essential
public facilities and services including streets,
2.
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 15 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1990 Edition), City of Round Rock, Texas is
hereby amended so that the zoning classification of the property
described in Exhibit "A ", attached hereto and incorporated herein
be changed to District Planned Unit Development (PUD) No. 15, and
that the Mayor is hereby authorized and directed to enter into the
Agreement regarding the Development Plan for PUD No. 15 attached
hereto as Exhibit "B ", which agreement shall govern the development
and use of said property.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this CA r� — day
of 6 Cif)--
lif)--
, 1994.
3.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1994.
READ, APPROVED and ADOPTED on second reading this the
day of , 1994.
ATTEST:
JgF,SNNE LAND, City Secretary
CHARLES CULP R, Mayor
City of Round Rock, Texas
4.
EXHIBIT A (F- 2)(Ordinance)
DESCRIPTION OF 67.84 ACRES. MORE OR LESS, OF LAND AREA, IN Pa C.E. ROPE
SURVEY, ABSTRACT NO. 871, THE ME(UCAH HUNT SURVEY, ABSTRACT ND. 314, AND THE
WILLIAM BARRER SURVEY ABSTRACT N0. 207. IN WILLIAMBON COUNTY, TEXAS, BEING A
PORTION OF THAT 100.1f ACRE TRACT or LAND DESCRIBED IN A DEED DATED NOVEMBER
30, 1991 FROM NCNB TEXAS NATIONAL IANX, TO r80ERAL DEPOSIT INSURANCE
CORPORATION, A8 RECORDED IN VOLUME 2082, PAGE 984 OP THE WILLIAMSON COUNTY DEED
RECORDS. AND 8EING MORE PARTICULARLY DESCRIBED BY 142255 AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of Louie Benne Boulevard. for
the northwest corner of the aforeretereneed 67.84 acre tract, some being the
ease corner of that 5.00 acre tract of land described in a deed dated November
20, 1974 from Earhel C. Henderson, et um. to Larry T. Gill. as recorded in
Volume 600, Page 416 of the Williamson County Deed Records. and being the
northwest corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the of orereferenced Gill Tract, with
the common line of Louis Henna Boulevard, and the 67.84 acre tract, the
following three (3) courses,
1. N 74 2 842.72 feet to an iron rod found at the beginning of a
right breaking curves and
2. with said right breaking curve having a radius length of 2000.00 feet. an
arc length of 743.54 feet, and a radius which bears N 84'49'10' E 739.26
feet to a P.S. nail found in rock; and
3. S 84 2 374.22 feet to an iron rod found at the lntersection
the south line of Louis Henna Boulevard and the southwest line of the
abandoned Meister Lane right of way, for the northeast corner of the
67.84 acre tract, same being the northeast corner Of the herein decribed
tract of land:
THENCE Louis Henna Boulevard, with the common line of the 67.84 acre and the
abandoned Meister Lane right of way, S 63'00'05' E 1191.34 feet to an iron
rod found at the intersection the vas: Lino of Schultz Lane. and the northeast
line of the abandoned Moister Lane right of way, for the east corner of the
67.84 sere tract same being the east corner of the herein described tract of
land;
THENCE leaving the abandoned Meister Land right of way, with the common line of
Schultz Lane and the 67.84 acne trace, S 29'16'20" W 1270.12 feet to a
concrete monument found for the south corner of the 67.84 acre tract. same
being the east corner or that 17 acre tract of land described in a deed dated
February 17, 1967, from James X. P.lchelberger, Jr., to Edgar 5. Daugherty, as
recorded in Volume 517, Page 445 of the Williamson County Deed Records. and
being the south conrez of the herein described tract of lands
THENCE leaving Schultz Lane , with the Common line of the 67.84 acre tract and
the aforerefererced Daugherty Tract, N 65'40'50" W 2746.69 feet to en iron
rod found in the southeast line of the aforereforenced Gill Tract, for the west
corner of the 67.64 acre tract, same being the north corner of the Daugherty
Tract. and being the west corner or the herein described tract of land;
:HENCE leaving the Daugherty Tract. with the
tract and the Gill Tract, N 29'08'45' 2
BEGINNING. There are contained within the
more or less. of land area, as described
neeauramants made on the ground on January 9,
Company of Auatin. Texas.
common line of the 67.84 acre
293.62 feet to the PLACE OF
metes and bounds, 67.84 scree,
from record information and
L994 by McMinn Land Surveying
DATE t July 6. 1994
SURVEY z C. E. ROUE SURVEY, APSTRACT NO. 871, ME►NCAN HUNT SURVEY,
ABSTRACT 110. 314, WILLIAM EMBER SURVEY As6TRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No. t 012254
LNDA0122
C. Michael McMinn, Jr.. R.P.L.9. U 07-420
McMinn Land Surveying Company
4210 Spicevood Springs Road, Suite 201
Austin, Texas 71755
(512) 343 -1970
SAVE AND EXCEPT:
(Description of TF (Two Family) Tract)
DESCRIPTION OF 0.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
PROCEEDING from an iron rod found at the intersection of the south
line of Louis Henna Boulevard and the south line of the Abandoned
Meister Lane right of way S 63 °00'05" E 479.53 feet to the PLACE OF
BEGINNING;
THENCE leaving the PLACE OF BEGINNING, with the common line of the
abandoned Meister Lane right of way and the northeast line of the
herein described tract of land S 63 °00'05" E 197.47 feet to the
north corner of the herein described tract of land;
THENCE along the southeast line of the herein described tract of
land S 26 °59'55" W 150.00 feet to the south corner of the herein
described tract of land;
THENCE proceeding N 63 ° 00'05" E 197.47 feet to the west corner of
the herein described tract of land;
THENCE proceeding N 26 °59'55" E 150.00 feet PLACE OF BEGINNING.
There are contained within these metes and bounds, 0.68 acres,
or less, of land area.
5 63'0'05 \ k 479.53
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Exhibit A Page 2
(Ordinance)
more
SAVE AND EXCEPT: (Description of C -1 Tract)
DESCRIPTION OF 1.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS,, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a p.k. nail found on the south line of Louis Henna
Boulevard south of the intersection of County Road 169, and Louis
Henna Boulevard;
THENCE leaving the PLACE OF BEGINNING, proceeding along the south
line of Louis Henna Boulevard S 84 °32'05" E 16.65 feet to the
northeast corner of the herein described tract of land;
THENCE leaving Louis Henna Boulevard, and proceeding along the east
line of the herein described tract of land with a right breaking
curve having a radius length of 2000.00 feet, and arc length of
349.07 feet, and a chord which bears S 10 °27'54" W 348.62 feet to
the southeast corner of the herein described tract of land;
THENCE proceeding S 65 ° 40'52" E 234.89 feet to the southwest corner
of the herein described tract of land;
THENCE proceeding N 08 °06'48" E 259.10 feet intersecting with the
south line of Louis Henna Boulevard and being the northwest corner
of the herein described tract of land;
THENCE proceeding along the common line of Louis Henna Boulevard
and the herein described tract of land and proceeding along a right
breaking curve having a radius length of 2000.00 feet, an arc
length of 224.52 feet, and a chord which bears S 87 °44'48" E 224.40
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 1.68 acres, more or less, of land area.
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Exhibit A Page 3
(Ordinance)
Exhibit A Page 4
(Ordinance)
SF -1 (Interim)
DESCRIPTION 0P 6.36 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, 'TEXAS, 1.08
'ACRES. MORS DR LESS, OF LAND AREA BEING A PORTION OF THE ABANDONED
MEISTER LAND RIGHT OF WAY, 1.40 ACRES AND 3.56 ACRES, ',bite OR LESS, OF
LAND AREA, BEING PORTIONS OF THAT TRACT OP LAND CONVEYED IN A DEED
DATED AUGUST 9, 1993 PROM 00110025 MORTGAGE CORP.. TO BCw JOINT
8E8100E, AS RECORDED IN VOLUME 2371, PAGE 190 OP THE WILLIAHSON'- COUNTY
DEED RECORDS, AND 0.32 CF AN ACRE BEING THAT TRACT OF LAND KNOWN AS
SPRINGRIDGE DRIVE, AS DESCRIBED IN A PARTIAL RELEASE OP LIEN RECORDED
IN VOLUME 1591. PAGE 192 OF THE WILLIAMSON COUNTY DEED RECORDS. AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the intersection the south line of
Louis Henna Boulevard and the s outhwest line of the aforereferenced
abandoned Meister Lane right of way, for the northeast corner of a
67.84 acre portion of that 100.16 acre tract of land described in a
deed dated November 30, 1991 from NCNB Texas National Bank to the
Federal Deposit Insurance Corporation, as recorded in Volume 2082.
Page 984 of the Williamson County Deed Records. and being the west
corner of the herein described tract of land,
110090E Leaving the PLACE OF BEGINNING, and said 67,84 acre tract, with
the common line of Louis Henna Boulevard and the 1.08 acre tract.
S 84 ° 31'25' E 516.80 feet to an iron rod found at the Intersection of
the south line of Louis Henna Boulevard and the northeast tine of the
e bandoned Meister Lane right of why, for the northwest corner of the
1.08 acre tract, same being the Neat corner of the aforereferenced
1.43 acre tract:
THENCE leaving the 1.08 mere tract, with the common line of Louis
Henna Boulevard and the 1.40 acre tract, 5 84 ° 34'30' E 5)9.10 feet
to an iron rod found at the intersection of the south line of Louis
Henna Boulevard and the west lino of the aforereferenced Springridge
Drive right of way, for the northeast corner of the 1.40 acre tract,
same being the northwest corner of the aforereferenced 0.32 acre
tract:
THENCE leaving the 1.40 acre tract, with the common line of Louis
Hanna Boulevard and the 0.32 acre tract, S 84'35'05' E 110.04 feet
to an iron rod found at the intersection of the south line of Louis
Henna Boulevard and the east line of the aforereferenced Springridge
Drive right of way, for the northeast corner of the 0.32 acre tract.
same being the northeast corner of the aforereferenced 3.56 acre
tract; • ,
THENCE leaving the 0.32 acre tract, with the common line of Louis
Henna Boulevard and the 3.56 acre tract, 5 84'34'15' E 443.21 feet
to an iron rod found at the beginning of a right breaking curve, at
the intersection of the south line of Louis Henna Boulevard and the
west line of the Schultz Lane, for the northeast corner of the 3.56
acre tract, ems being the northeast corner of the herein described
tract of lands
THENCE leaving Louie Henna Boulevard. with the common line of Schultz
Land and the 3.56 acre tract, the following three (3) courses:
1. with a right breaking curve having a radius length of 25.00
feet, an arc length of 39.18 feet, and a chord which bears S
40'03'00' E 35.29 feet to an iron rod found at a point of
compound Curvature,
2. with a right breaking a having a radius length of 556.88
feet, an arc length of 231.99 feet, and a chord which bears $
17 W 230.31 feet to an iron rod found; and
3 5 29'20'55' W , 164.28 feet to an iron rod found at the
intersection the west line of Schultz Lane, and the northeast
line of the abandoned Mei•ter Lane right of way, for the
southeast corner of the 1.56 acre tract, same being the
northeast corner of the 1.08 acre tract,
Exhibit A Page 5
(Ordinance)
SF - (Interim)
THENCE leaving the 3.56 acre tract, and creasing the abandoned Meister
Land right of ray, with the common line of Schultz Land, and the 1.08
&ere tract. S 23'20' M 39.59 feet to an iron rod found at the
intersection of the west lane of Schultz Lane and the southwest line
of the abandoned Meister Lane right of way. for the southeast corner
of the 1.08 acre tract, same being the east corner of the
aforereferenced 67.84 acre tract;
THENCE leaving the Schultz Land. with the common line of the 1.08 acre
tract and the 67.84 acre tract, N 63'00 W 1191.34 feet to the
PLACE OF BEGINNING. There are contained within these metes and
bounds, 6.36 acres, more or less. of land area, at described from
record information and measurements made on the ground on January 0,
L994 by McMinn Land Surveying Company of Austin, Texas.
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City"), and Alborz
Corporation and Austin Custom Home Builders Joint Venture, their
respective successors and assigns, having its offices at 4116
Burney Drive, Austin, Texas, 78731 (hereinafter referred to as the
"Owner ") .
WHEREAS, the Owner has submitted a request to the City to re-
zone 74.20 acres of land as a Planned Unit Development ( "PUD "), said
acreage being more particularly described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof (hereinafter
referred to as the "Property "), and
WHEREAS, on October 19, 1994, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1990 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
KS/ROUNDROCK
AGRSPRNG.3 /10/24/94
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR SPRING RIDGE PUD
NO. 1 - b
I.
GENERAL PROVISIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.16 below are followed.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1990 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
2.
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER
Alborz Corporation and
Austin Custom Home
Builders Joint Venture
4116 Burney Drive
Austin, Texas 78731
Attn: Mike Hassibi
5.10 Effective Date.
1. DEFINITIONS
II.
DEVELOPMENT PLAN
3.
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1990
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
2. PROPERTY
This Development Plan ("Plan ") covers 74.20 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto.
3. PURPOSE
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not 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.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
5.1 Initial Phase
The permitted uses of the Property shall be as a
primarily residential subdivision with single family
lots, along with commercial lots, and an amenity area as
shown on the Preliminary Plan attached hereto as Exhibit
"C ", attached hereto and incorporated herein. The PUD
shall conform to all requirements as set forth in this
Agreement and Plan and, if not set forth herein, by
applicable sections in the Code.
6. RESIDENTIAL LOT SIZES
The minimum residential lot size shall be 5,000 square feet.
The minimum width of any single family lot shall be fifty (50)
feet at the building line.
4.
7. BUILDINGS
7.1 Setbacks
The minimum front setback requirement shall be 15 feet
from the property line. All garages must be a minimum of
20 feet from the property line, unless a side entry
garage format is utilized.
7.2 Construction
All buildings will be constructed of at least 75% masonry
materials on the first floor and 25% on the second floor.
The front facade will be constructed of 100% masonry
materials, excluding gables, doors, windows, vents and
trim. No 4' x 8' wood or wood composite panels shall be
used for siding. Only washboard style or other quality
wood or wood composite materials, placed in a horizontal
fashion, shall be used on the exterior of the building.
7.3 Garages
8. LANDSCAPING
All residences shall include two -car garages, set back a
minimum of twenty (20) feet from the property line,
unless utilizing a side entry garage design. All single
family lots shall have a minimum of four (4) parking
spaces, two of which may be in the garage. No garages
shall be converted into bedrooms, dens, studies or any
living areas for the occupants; provided, however,
builders may temporarily convert the garage of a model
home, but the City of Round Rock shall not be obligated
to issue a certificate of occupancy, or permanently
provide utilities until any such garage is re- converted
for the parking of automobiles.
8.1 Landscaping
Before issuance of the first building permit for home
construction, the Owner must sign a landscape agreement.
Said agreement will require the Owner or Homeowner's
Association, as described in Section 17, below, to
maintain any and all features such as landscaping or
irrigation systems that encroach in any public right -of-
way within the land.
9. STREETS AND UTILITIES
9.1 Entrances and Entry Roadway
Owner may provide one entrance from Louis Henna Blvd.
into the PUD, as shown on Exhibit "D ", attached hereto
and incorporated herein. The entry road shall be designed
with a divided, landscaped median, to be maintained by
the Homeowner's Association. Any other entry structures
5.
By acceptance of this PUD, the maximum length of cul -de-
sacs required by the Code is waived.
9.3 Underground Electric and Utility Lines
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 shall be
placed underground. No rooftop or anchored antennas of
any kind will be allowed within the PUD.
must be approved by the Director of Public Works, The
Director of Planning, and the City Attorney. A licensing
agreement will be entered into between the City and the
Owner if required by the City Attorney.
9.2 Cul -de -sacs
10. FENCING
10.1 Fence Construction
All perimeter fences shall be constructed pursuant to
Section 11.318 of the Code or with wood, woodcrete,
masonry or landscaping, or a combination thereof, with
rust resistant iron and steel supports. All perimeter
fencing shall be constructed with a finished side facing
outward from the PUD. All perimeter fences on Louis Henna
Blvd. and Shultz Lane shall be constructed and accepted
along with normal subdivision improvements.
10.2 Approval of Plans
No construction of perimeter fencing shall be commenced
until fence construction plans are submitted to and
approved by the Director of Planning and Community
Development.
11. PARKING
11.1 Adequacy of Parking
The Owner shall provide adequate parking spaces
sufficient to accommodate all parking needs for the
intended uses within the PUD. All single family lots
shall have a minimum of four (4) parking spaces, two of
which may be in the garage.
11.2 Off - Street Parking
No recreational vehicles, boats or trailers shall be
allowed to be parked within the PUD, unless same are
parked in garages and the garage doors remained closed
except when in use.
6.
12. SIDEWALKS
All sidewalks shall be constructed pursuant to Section 8.604
of the Code except sidewalks are not required along Louis
Henna Blvd. or Schultz Lane.
13. AMENITY AREAS
13.1 Amenity Area
The amenity area, as depicted on the Preliminary Plan
attached as Exhibit "C ", may be owned and maintained by
the Homeowner's Association.
13.2 Parkland Dedication
The parkland dedication requirement as stated in Section
8.615 of the Code shall be satisfied with the dedication
to the City of the areas and drainage easements as
depicted in Exhibit "C ".
13.3 Flood Plain
Amenities within the land may be located in the 100 year
flood plain if such amenities are not building or
swimming pools, and are approved by the Director of
Public Works.
14. GENERAL SIGNAGE STANDARDS
All entry monumentation visible from Louis Henna Blvd. shall
be constructed for low maintenance and shall be approved in
advance by the Director of Planning. In the event a sign is
not properly maintained, the City may give the sign owner
written notice thereof. Required repairs must be made within
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 Homeowner's Association will own and maintain all entry
signs associated with the PUD.
15. RIGHT OF FIRST REFUSAL
As a condition of this agreement, Owner agrees to grant to
Williamson County a right of first refusal for a period of
five (5) years from the date of this Agreement to acquire any
needed right -of -way along Louis Henna Blvd. This right of
first refusal must be exercised by the County within thirty
7.
(30) days after Owner gives the County written notice that it
has received a bona fide offer from a disinterested third
party to purchase all or any portion of the commercial lots
designated on Exhibit "C ".
16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
16.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning.
16.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
16.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
17. HOMEOWNER'S ASSOCIATION
17.1 Review Before Final Plat
A Homeowner's Association shall be established at time of
final platting for the PUD. The association's creation
documents shall be submitted for review to the Director
of Planning and Community Development and the City
Attorney at the final plat stage. The mechanism for
funding and collection of fees will be reviewed and
approved by the City Attorney at the final plat stage.
17.2 Responsibilities of Homeowner's Association
In addition to other responsibilities imposed on the
homeowner's association in this Plan, the Association
shall be responsible for maintaining all landscaping,
irrigation systems, greenbelts and amenity areas within
the PUD not dedicated to the City.
17.3 Enforcement of Deed Restrictions
The Homeowner's Association shall be the entity
responsible for enforcing the deed restrictions. Although
the City reserves the right to enforce any provisions in
this Plan, it is not the intent of the City to assume
responsibilities normally reserved to a Homeowner's
Association.
8.
18. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
CITY OF ROUND ROCK
By:
16'
Charles Culpe er, Mayor
Date : / -
ALBORZ CORPORATION
a Texas Corporation
By:
Mike Hassibi, President
Date:
AUSTIN CUSTOM HOME BUILDERS
Joint Venture
By:
Richard D. Jenkins,
Managing Venturer
Date:
EXHIBIT A (F
•
DESCRIp'CIDN OF 67.84 ACRES, MORI OR LESS, OF LAND ARIA, IN Page 1
SURVEY, ABSTRACT NO. 871, THE MEMOCAW HUNT THE C.E. B
SURVEY, SONTRACT NO. J14, BEE THE
WILLIAM DARNER SVRvEY ABSTRACT NU. 207, IN WILLIAlLSON GOU17Py, TEXAS, BEING A
PORTION Or THAT 100.16 ACRE TRACT or LAND DESCRIBED IN A DEED DATED NOVEA SLI
30, 2991 FROM NCNB TEXAS NATIONAL DAM, TO FEDERAL DCPOBIT INBURANC3
CORPORATION, AS RECORDED IN VOLUME 2082, PAGE 984 OF TSB WILLIAMSON COUNTY DEED
RECORDS. AND SLING MORE PARTICULARLY DBSCRIBEO BY METES AND BOUNDS AS FOLLOWS:
REGINNING at an iron rod found in the south line of Louis Benna Boulevard, for
the northwest corner of the aforereferenced 67.84 acre tract, same being the
east corner of that 5.00 acre tract of land described in a deed dated November
20, 1974 from Barthel C. Henderson, et ux. to Larry T. Gill. as recorded in
Volume 600, Page 416 of the Williamson County Deed Records. and being the
northwest corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the eforereferenced Gill Tract, with
the common line of Lcuis Henna Boulevard, and the 67.84 acre tract, the
following three (3) courses,
1. N 74 L 842.72 feet to an iron rod found at the beginning of a
right breaking curve: and
2. With said right breaking curve having a radius length 00 2000.00 feet, an
are length of 743.54 feet, and a radius which bears N 84 E 739.26
feat to a P.R. nail found in rock; and
3. S 84 E 374.22 feet to an iron rod found at the intersection
the south line of Louis Henna Oouieverd and the southwest line or the
abandoned Meister Lane right of way, for the northeast corner of the
67.84 acre tract, same being the northeast corner of the herein decribed
Greet of land:
THENCE Louis Henna Eoulsvard, with the coamcn line of the 67.84 acre and the
abandoned Meister Lane right of way. S 63 E L191.34 feet to an iron
rod found at the intersection the west Line of Schultz Lane. and the northeast
line of the abandoned Meister Lane right of way, for the east corner of the
67.84 acre tract same being the east corner of the herein described tract of
land;
THENCE leaving the abandoned Meister Land right of way, with the common line of
Schultz Lane and the 67.84 acre tract, 5 29'16'20" W 1270.12 feet to a
concrete monument found for the south corner of the 67.84 acre tract, same
being the east corner of that 17 acre tract of land described in a dead dated
February 17, 1967. from James X. Rlchelberger, Jr., to Edgar s. Daugherty, as
recorded in Volume 517, Page 445 of the Williamson County Deed Records, and
being the youth conrer of the herein described tract of land:
THENCE leaving Schultz Lane , with the common line of the 67.84 acre tract and
the aforerefererced Daugherty Tract, H 65'40'50' W 2746.69 feet to an iron
rod found in the southeast line of the aforereforenced Gill Tract, for the west
corns; of the 67.84 acre tract, same being the north corner of the Daugherty
Tract. and being the vest corner or the herein described tract of land;
THENCE Leaving the Daugherty Traet, vith the
tract and the Gill Tract, N 29 ° 08'4S' E
BEGINNING. There are contained within these
more or Less, of land area, as described
mersurements made on the ground on January 8,
Company of Austin, Texas.
common line or the 67.84 acre
293.62 feet to the PLACE OF
metes and bounds, 67.84 acres,
from record information and
1994 by McMinn Land Surveying
(Agreement
C. Niehsel McMinn, Jr., R.T.L.S. No. 426
McMinn Land Surveying Company
4230 Spicewood Springs Road, Suite 201
A $ in. 'COMM 711759
(S121 343 -11170
DATE
SURVEY
COUNTY
J.O. No.
LNDA0122
SAVE AND EXCEPT:
: July 6. 1)94
: C. E. ROME SURVEY, ABSTRACT NO. 871, )mUCAN RUNT SURVEY,
ABSTRACT N0. 314, WILLIAM DARNER SURVEY ABSTRACT NO. 107.
Williamson, Texas.
c 0122!4
(Description of TF (Two Family) Tract)
DESCRIPTION OF 0.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
PROCEEDING from an iron rod found at the intersection of the south
line of Louis Henna Boulevard and the south line of the Abandoned
Meister Lane right of way S 63 °00'05" E 479.53 feet to the PLACE OF
BEGINNING;
THENCE leaving'the PLACE OF BEGINNING, with the common line of the
abandoned Meister Lane right of way and the northeast line of the
herein described tract of land S 63 °00'05" E 197.47 feet to the
north corner of the herein described tract of land;
THENCE along the southeast line of the herein described tract of
land S 26 °59'55° W 150.00 feet to the south corner of the herein
described tract of land;
THENCE proceeding N 63 °00'05" E 197.47 feet to
the herein described tract of land;
THENCE proceeding N 26 °59'55" E 150.00 feet PLACE OF BEGINNING.
There are contained within these metes and bounds, 0.68 acres, more
or less, of land area.
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Extiibit A Page 2
(Agreement)
the west corner
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SAVE AND EXCEPT: (Description of C -1 Tract)
DESCRIPTION OF 1.68 ACRES, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY, ABSTRACT NO. 107, IN WILLIAMSON COUNTY,
TEXAS,, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a p.k. nail found on the south line of Louis Henna
Boulevard south of the intersection of County Road 169, and Louis
Henna Boulevard;
THENCE leaving the PLACE OF BEGINNING, proceeding along the south
line of Louis Henna Boulevard S 84 °32'05" E 16.65 feet to the
northeast corner of the herein described tract of land;
THENCE leaving Louis Henna Boulevard, and proceeding along the east
line of the herein described tract of land with a right breaking
curve having a radius length of 2000.00 feet, and arc length of
349.07 feet, and a chord which bears S 10 ° 27'54" W 348.62 feet to
the southeast corner of the herein described tract of land;
THENCE proceeding S 65 ° 40'52 " -E 234.89 feet to the southwest corner
of the herein described tract of land;
THENCE proceeding N 08 ° 06'48" E 259.10 feet intersecting with the
south line of Louis Henna Boulevard and being the northwest corner
of the herein described tract of land;
THENCE proceeding along the common line of Louis Henna Boulevard
and the herein described tract of land and proceeding along a right
breaking curve having a radius length of 2000.00 feet, an arc
length of 224.52 feet, and a chord which bears S 87 °44'48" E 224.40
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 1.68 acres, more or less, of land area.
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Exhibit A Page 3
(Agreement)
Exhibit A Page 4
(Agreement)
SF -1 (Interim)
DESCRIPTION OF 6.36 ACRES, MORE OR LESS. OF LAND AREA, 3N THE WILLIAM
BARKER SURVEY ABSTRACT N0. 107, IN WILLIANSON COUNTY, TEXAS, 1.08
!ACRES, MORE OR LESS, OF LAND AREA BEING A PORTION OF THE ABANDORED
MEISTE0 LAND RIGHT OF WAY, 1.40 ACRES AND 3.56 ACRES, 060E OR LESS, OF
LAND AREA, BEING PORTIONS OF THAT TRACT OP LAND CONVEYED IN A DEED
DATED AUGUST 9, 1993 PROM BUILDERS MORTGAGE CORP., TO BCW JOINT
VENTURE, AS RECORDED IN VOLUME 2371. PAGE 190 OF THE WILL2AMSON'- COUNTY
DEED RECORDS, AND 0.32 CF AN ACRE BEING THAT TRACT OP LAND KNOWN AS
SPRINGRIDGE DRIVE, AS DESCRIBED IN A PARTIAL RELEASE OP L1EN RECORDED
IN VOLUME 1591, PAGE 192 OF THE WILLIAMSON COUNTY DEED RECORDS, AND
BEING 14050 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING at an Iron red found at the intersection the south line of
Louts Henna Boulevard and the eO uthwest lino of the afoterefereneed
abandoned Moister Lane right ofway, for the northeast corner of a
67.84 acre portion of that 100.16 acre tract of land described in a
deed dated November 30, 1991 from NCNB Texas National Bank to the
Federal Deposit Insurance Corporation, as recorded in Voluale 2082.
Page 984 of the Williamson County Deed Records. and being the west
corner of the herein described tract of land;
THENCE Leaving the PLACE OF BEGINNING, and said 67.04 acre tract, with
the common line of Louis Henna Boulevard and the 1.08 sere tract.
5 84'31'25' E 116.90 feet to an iron red found at the intersection of
the south line of Louis Henna Boulevard and the northeast line of the
abandoned Meister Lane right of way, for the northwest corner of the
1.08 acre tract, some being the west corner of the aEOrersforeneed
1.47 acre tract;
THENCE Leaving the 1.00 acre 1:401. with the common line of Louts
Henna Boulevard and the 1.40 acre tract, 5 84'34'30' E 539.10 feet
to an iron rod found at the intersection of the south line of Louts
Henna eoulavard and the west line of the aforerefereneed Springridge
Drive right sae way, for the northeast corner of the 1.40 acre tract,
same being the northwest corner of the aCorereferenced 0.32 acre
tract;
THENCE leaving the 1.40 acre tract, with the common line of Louis
Henna Boulevard and the 0.32 acre tract, 9 84'35'04' E 110.04 feet
to an Iron rod found at the interaectlon of the south line of Louis
Henna Boulevard and the ens= line of the af9rerefcrenced Springridge
Drive right of way, for the northeast corner of the 0.32 acre tract.
sane being the northwest corner of the aforereferenced 3.56 acre
tract;
THENCE leaving the 0.32 acre tract, with the common line or Louie
Henna Boulevard and the 3.56 acre tract, 5 84'34'14' E 443.21 feet
to an iron rod found at the beginning of a right breaking curve, at
the intersection of the south line of Louis Henna Boulevard and the
vest line of the Schultz Lane, for the northeast corner of the 3.56
acre tract, sa me being the northeast corner of the herein described
tract of land
THENCE leaving Louie Hanna Boulevard. with the common line of Schultz
Land and the 3.56 acre tract, the following three 131 educate:
1. with a right breaking curve having a radius length of 25.00
feat, an arc length of 39.18 feet, and a chord which bears B
10'03'00' E 35.29 feet to an iron rod found at a point of
compound curvature,
2. with a right breaking a having a radius length or 956.06
feet. an arc length or 231. feet, and a chord which bears 5
17 w 230.31 feet to an iron rod found; and
3. 5 29'20'55' W 164.28 feet to an iron rod found at the
intersection the west line of Schultz Lane. and the northeast
line of the abandoned Nei. ter Lane right of way, for the
southeast corner of the 3.56 acre tract, sane being the
northeast corner of the 1.00 acre tract;
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THENCE leaving the 3.56 acre tract, and crossing the abandoned Meister
Land right Of way, with the common line of Schultz Land, and the 1.08
acre tract. S 23'20' W 39.59 feet to an iron rod found at the
intersection of the west line Of Schultz Lane and the. southwest line
of the abandoned Meister Lane right of way, for the southeast corner
of the 1.08 acre tract, same being the east corner of the
a fo re referenced 67.84 &era tract,
THENCE leaving the Schultz Land. with the common line of the 1.06 acre
tract and the 63.84 acre tract, N 63'00'05' M 1191.34 feet to the
PLACE OF BEGINNING. There are contained within these metes and
bounds, 6.36 acres, more Cr leas. of land area, as described from
record Information and measurements made on the ground on January 6.
1994 by McMinn Land Surveying Company of Austin, Texas.
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Exhibit A Page 5
(Agreement)
SF -1 (Interim)
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EXHIBIT "B"
TO THE AGREEMENT
REGARDING DEVELOPMENT PLAN
FOR PUD NO. 15
J,IRNHOTf)RS' CONSENT
There are no lienholders of record.
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PROMO:NAL cam GM.
SPRING RIDGE SUBDIVISION
PRELIMINARY PLAN
EXHBIT 'C'
EXHIBIT "D"
to the Development Plan
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DATE: October 25,1994
SUBJECT: City Council Meeting, October 27,1994
ITEM: 9.D. Consider an ordinance to rezone 74.20 acres of land from
District C -2 (Local Commercial) on 1.68 acres of land,
District TF (Two Family) on .68 acres of land, SF -2 (Single
Family- Standard Lot) on 65.48 acres of land, and District
SF -1 (Single Family -Large Lot) on 6.36 acres of land to
Planned Unit Development (PUD) No. 15. (Spring Ridge)
(First Reading)
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
Planning and Zoning Commission Recommendation:
On October 13, the Planning and Zoning Commission recommended approval of
the request to rezone this tract of land to PUD No. 15.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
A l S i
*
DOC# 9552039
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of
Round Rock, Texas, do hereby certify that the above and foregoing is a true
and correct copy of an ordinance passed and adopted by the City Council of
held on the d ay of
the City of Round Rock, Texas, at a meeting
19 qJ which is recorded in the minutes of the City of
Round Rock in Book `..37 .
CERTIFIED by my han and seal of the City of Round Rock, Texas on
this /...) — day of t `e l ) 9? 5"
AA
V7 L
J4 ANNE LAND,
Assistant City Manager/
City Secretary
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
ORDINANCE NO. z-9,5-09-z-
AN ORDINANCE AMENDING ORDINANCE NO.Z- 94- 10- 27 -9D,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
OCTOBER 27, 1994, BY DELETING EXHIBIT "B" TO SAID
ORDINANCE, THE DEVELOPMENT PLAN OF PUD NO. 15, AND
REPLACING IT WITH A NEW EXHIBIT "B ", ENTITLED AN
AGREEMENT AND DEVELOPMENT PLAN FOR PUD NO. 15,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on October 27, 1994, the City Council of the City
of Round Rock, Texas, adopted Ordinance No. Z 94 10 27 - 9D, which
established PUD No. 15, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to delete Exhibit "B" of said
Ordinance, and replace it with a new Exhibit "B ", and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z - 94 - 10-
27-9D on the 6th day of September, 1995, following lawful
publication of said public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. Z- 93- 12 -09 -9F be amended, and
WHEREAS, on the 14th day of September, 1995, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z - 94 10 27 - 9D, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z- 94- 10 -27 -9D promotes the health,
safety, morals and general welfare of the community, and
R \SSPbtS'5PRS.W ORD /cdc
OR50928J
TEXAS, THAT:
WHEREAS, each and every requirement set forth in Chapter 211,
Sub - Chapter A., Texas Local Government Code, and Section 11.300,
Code of Ordinances, 1990 Edition, City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
I.
That the City Council hereby determines. that the proposed
amendment Ordinance No. Z- 94- 10- 27 -9D, creating Planned Unit
Development (PUD) District #15 meets the following goals and
objectives:
(1) The amendment to P.U.D. #15 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) The amendment to P.U.D. #15 is in harmony with the
general purposes, goals, objectives and standards of the
General Plan.
(3) The amendment to P.U.D. #15 does not have an undue
adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
EL
That Exhibit "B" of Ordinance No. Z- 94- 10- 27 -9D, is hereby
deleted in its entirety and replaced with a new Exhibit "B ",
2.
entitled an Agreement and Development Plan for PUD No. 15, which is
attached hereto and incorporated herein.
Ea.
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 withh.
READ, PASSED, and ADOPTED on first reading this , Q 'day of
I'
ATTEST:
, 1995.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1995.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
ANNE LAND, City Secretary
3.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR SPRINGRIDGE
PUD NO. 15
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City "), and THE
ALBORZ CORPORATION and AUSTIN CUSTOM HOME BUILDERS JOINT VENTURE,
their respective successors and assigns, having its offices at 4210
Spicewood Springs Road, Suite 209, Austin, Texas 78759 (hereinafter
referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to re-
zone 63.33 acres of land, more or less, - MT a Planned Unit
Development ( "PUD "), said acreage being more particularly described
by metes and bounds in Exhibit "A" attached hereto and made a part
hereof (hereinafter referred to as the "Property "), and
WHEREAS, on September 20, 1995, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
This Agreement amends Planned Unit Development No. 15 and
10.867 acres (shown as Tracts X and Y on Exhibit "C ") remain
zoned for commercial use in accordance with the Agreement and
Development Plan attached to City of Round Rock Ordinance No.
Z- 94- 10 -27 -9D and recorded in Volume 2638, Page 699, Official
Records, Williamson County, Texas. The remaining 63.33 acres
of that agreement are replaced by this Agreement and all uses
and development within said Property shall conform to the
Development Plan included in Section II herein.
A \OROINANC \SPR:e.MPn /edt
I.
GENERAL PROVISIONS
2. CHANGES AND MODIFICATION$
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.15 below are followed.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld. This section shall not prevent the
Owner from conveying the property, together with all
development rights and obligations contained in this
Agreement and Development Plan.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severabilitv.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
2.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER
Alborz Corporation
4210 Spicewood Springs Road
Suite 209
Austin, Texas 78759
Attn: Mike Hassibi
3.
ROUND ROC%
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
5.10 Effective Date.
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
1. DEFINITIONS
2. PROPERTY
- 3. PURPOSE
5. PERMITTED USES
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
This Development Plan ( "Plan ") covers 63 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto and incorporated herein.
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not 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.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
The property listed below shall be used and developed as
follows and shall conform to all requirements as set forth in
4.
5.1 Parcel One
this Agreement and Plan and, if not set forth herein, by
applicable sections in the Code:
The permitted uses of Parcel One, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (MF) Multi -
Family Residential, except as modified in Exhibit "F ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
5.2 Parcel Two
The permitted uses of Parcel Two, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (SF -2) Single
Family Residential, except as modified in Exhibit "D ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
5.3 Parcel Three
The permitted uses of Parcel Three, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (SF -2) Single
Family Residential, except as modified in Exhibit "D ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
6. LOT SIZES
The minimum lot size for Parcels Two and Three shall be as
modified in Exhibits "D" and "E ", attached hereto, as
applicable to each parcel and its designated use.
7. BUILDINGS
Building size, dimension, height, and setbacks for all parcels
shall be as modified in Exhibits "D ", "E" and "F ", attached
hereto, as applicable to each parcel and its designated use.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibits
"D ", "E" and "F ", attached hereto, as applicable to each
parcel and its designated use.
9. SIDEWALKS
All sidewalks shall be constructed pursuant to Section 8.604
of the Code, except sidewalks shall not be required along
Louis Henna Boulevard or Schultz Lane.
5.
10. UTILITIES
10.1 Public Improvement District
The Property is included within the Southeast Public
Improvement District, which was created to construct a 16
inch waterline loop connecting an existing 16 inch
waterline in Louis Henna Boulevard to a 16 inch waterline
in High Country Boulevard. The City of Round Rock shall
make its best efforts to design and commence construction
of the 16 inch waterline within thirty (30) days after
final adoption of the Southeast Public Improvement
District.
10.2 Water and Wastewater Line Capacity
The creation of the Southeast Public Improvement
District will accommodate approximately 336 Living Unit
Equivalents (LUE's) within the PUD. Living Unit
Equivalents shall be calculated as follows:
Single family residence: 1.0 LUE
Apartment of Condominium unit: 0.5 LUE
Business park: 2.4 LUE /acre
Commercial: 2.4 LUE /acre
11. AMENITY AREAS FOR PARCEL ONE, IF SINGLE FAMILY
RESIDENTIAL
Private amenity areas may be developed, owned and maintained
by the Owner or a Property Owner's Association and such
amenities other than swimming. pools and buildings.. may be
located within the 100 year flood plain, provided said
construction is approved by the Director of Public Works.
12. CONSTRUCTION
12.1 Access
Approved driveway access to Louis Henna Boulevard from
Parcels One, Two and Three, as shown on Exhibit "C ",
shall be provided by private access easement across
Parcels X and Y , as shown on Exhibit "C ".
12.2 Utilities
Except where approved in writing by the Director of
Public Works, all electrical, telephone and cablevision
distribution and service lines, other than overhead lines
three -phase or larger, shall be placed underground.
6.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and Public Works.
13.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
13.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
14. PROPERTY OWNER'S ASSOCIATION
14.1 Review and Approval Before Recordation of Final Plat
A Property Owner's Association shall be established at
time of final platting of any Single Family residential
property located within the PUD. The association's
creation documents shall be submitted for review and
approval to the Director of Planning and Community
Development and the City Attorney at the final plat
stage. These documents shall be recorded with the final
plat and shall contain all of the items listed in Exhibit
"G ", attached hereto and incorporated herein, to insure
incorporation of the items listed in Exhibit "G" .
14.2 Responsibilities of Association
In addition to other responsibilities imposed on the
association in this Plan, the association shall be
responsible for maintaining all landscaping, irrigation
systems, greenbelts and amenity areas within the PUD not
dedicated to the City.
14.3 Enforcement of Deed Restrictions
The Property Owner's Association shall be the entity
responsible for enforcing the deed restrictions. Although
the City reserves the right to review, approve and
enforce deed restrictions as well as any amendments or
modifications to the deed restrictions, it is not the
intent of the City to assume responsibilities normally
reserved to a Property Owner's Association.
7.
15. GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect
the provisions of this agreement.
16. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
8.
CITY OF ROUND ROCK
By/2:6
y d !
Charl s� 1 Toper,
Date:
ALBORZ CORPORATION
By:
MIKE HASSIBI, President
Mayor
AUSTIN CUSTOM HOME BUILDERS
BY: f -
RIC •■ R. JE
Managing Vent
EXHIBIT A
TRACT NO. 1
DESCRIPTION OF 18.32 ACRES. MORE OR LESS. OF LAND AREA. IN THE WILLIAM
BARKER SURVEY ABSTRACT N0. 107, . WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALHOAZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the northwest line the aforereferenced Alborz
Tracts, same being the southeast line of that 5.00 acre tract of land
described in a deed dated November 20, 1974 from Barthel C.
Henderson, et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 29 212.08 feet;
THENCE leaving the PLACE OF BEGINN2NG and the aforereferenced Gill
Tract, and crossing the Alborz Tracts, the following nine (9)
courses:
1. N 7 4 . 09'30'0 992.62 feet to the beginning of a right breaking
, curves
2. with said right breaking curve having a radius length of 1850.00
feet, an arc length of 687.77 feet, and a chord which bears
N 84 683.82 feet;
3. S 84 15.08 feet to the northeast corner of the herein
described tract of land;
4. S 05'26.15•W 20.00 feet;
5. S 01 40.00 feet to a right breaking curve;
6. with said right breaking curve having a radius length of 365.00
feet. an arc length of 265.13 feet, and a chord which bears
S 29 08'1594 259.3 feet;
S 49 164.67 feet
curve;
8. with said left breaking curve having a radius length of 527.22
feet. an arc length of 235.81 feet, and a•Chord which bears
S 37 I33.85 feet; and
9. S 24 373.05 feet to a point in the south line of the
Alborz Tracts. same being the north line of that 17 acre tract
of land described in a deed dated February 17, 1967, from James
K. Eichelberger. Jr., to Edgar S. Daugherty, as recorded in
Volume 517. Page 445 of the Williamson County Deed Records, for
the southeast corner of the herein described tract of land;
THENCE with the common line of the Alborz tracts and the
aforereferenced Daugherty Tract, N 65 1253.66 feet to an
iron rod found for the southwest corner of the Alborz Tracts, same
being the north corner of the Daugherty Tract. and being the southwest
corner of the herein described tract of land;
to the beginning of a left breaking
•
THENCE leaving the Daugherty Tract, with the common line of the Alborz
Tracts, and the Gill Tract. 9 29'00'45• E 91.55 feet to the PLACE
OF BEGINNING. There are contained within these metes and bounds.
18.32 acres, more or less, of land area. as described from record
information and measurements made an the ground on January 8, 1994 by
McMinn Land � Company of Austin, Texas.
. Michael McMinn, Jr , R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin. Texas 70759
(512) 343 -1970
DATE z August 30, 1995
SURVEY z WILLIAM BARRER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LHDADSR
012294
DESCRIPTION OP 17.26 ACRES. MORE OR LESS, OF LAND AREA. IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY. TEXAS. BEING A
PORTION OP THOSE TRACTS OF LAND CONVEYED TO ALSOR2 CORPORATION AND
AUSTIN CUSTOM HOME 13011DERS, BY DEEDS OF RECORD IN VOLUME 2472. PAGE
411, AND VOLUME 2495, PAGE 257, OPFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND B00NDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James K.
Eichelberger. Jr., to Edgar S. Daugherty, as recorded in Volume 517.
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65'40'459W 1253.66 feet, and
N 29'08'45 "E 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract. and crossing the Alborz Tracts. the following nine
t91 courses:
1. N 24 373.05 feet to the beginning of a right breaking
curve;
2. with said right breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
N 37'38'00'E 233.85 feet;
3. N 49'56'45'W 164.67 feet to the beginning of a left breaking
curve;
4. with said left breaking curve having a radius length of 365.00
feet. an arc length of 265.13 feet. and a chord which bears
N 29 259.34 feet:
5. H 01'04'15'W 40.00 feet;
6. N 05'26'15'95 20.00 feet to the northwest corner of the herein
described tract of land;
7. S 84 575.92 feet to the northeast corner of the herein
described tract of land;
8. 5 13'48'45'r 154.50 feet
9. S 47 73.27 feet;
10. S 28'27.45 205.49 feet; J '
11. 5 29'28 335.74 feet;
12. 5 37 91.69 feet;
13. S 04'45'15 °W 25.85 feet;
14. 5 22 136.53 feet;
15. S 21'50 27.41 feet;
16. S 20 66.63 feet;
17. S 26 62.30 feet; and
18. S 42'27'15'w 160.00 feet to a point in the south line of the
Alborz Tracts, same being the north line the aforereferenced
Daugherty Tract, and being the southeast corner of the herein
described tract of lands
THENCE with the common line of the Abort Tracts and the Daugherty
Tract. N 65'40'45'6 696.61 feet to the PLACE OP BEGINNING. ?here
are contained within these metes and bounds, 17.26 acres. more or
less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
M chael McMinn, Jr R.P.L.S. Ho. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 76759
(512) 343 -1970
DATE z August 30, 1995
SURVEY s WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LNOAESd
z 012294
.. .. ... 2RACT NO. 3
DESCRIPTION OF 27.48 ACRES, MORE OR LESS, OF LAND AREA. IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS. BEING A
PORTION OF THOSE TRACTS 0? LAND CONVEYED TO ALSORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDE85, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point is the south Line the aforereferenced Alborz
Tracts. same being the north line of that 17 acre tract of land
described in a .deed dated February 17, 1967, from James K.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65'40.45'W 1950.27 feet, and
N 29'08.45'8 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following twelve
(12) courses:
1. N 42'27.15'8 160.00 feet
2. N 26'50'30.8 62.30 feet;
3. N 20'34'00'W 66.63 feet;
4. H 21'S0 27.41 feet;
S. N 22'47'00.E 136.53 feet;
6. N 04'45'15'2 25.85 feet:
7. N 37'16'30 81.69 feet)
8. N 29'28'00.E 335.74 feet;
9. N 28'27'45 "E 205.49 feet:
10. N 47'00'00'8 73.27 feet; '"'
11. N 53'48'45'W 154.50 feet to the northwest corner of the herein
described tract of land;
12. S 84'33'45.8 1003.37 feet to the southeast line of the Alborz
Tract, same being the northwest line of Schultz Lane, for the
e ast corner of the herein described tract of land;
THENCE with the common line of Schultz Lane and the Alborz Tracts, the
following four (4) courses:
1. with a right breaking curve having a radius length of 556.88
feet. an arc length of 105.65 feet, and a chord which bears
S 23'51'34'W 105.49 to an iron rod found;
2. S 29'20'55'W 164.28 feet to an iron rod found:
3. S 23'20' W 39.59 feet to an iron rod found; and
4. S 29'16.20' W 1270.12 feet to a concrete monument found for the
south corner of the Alborz Tracts. same being the east corner of
the aforereferenced Daugherty Tract, and being the south conrer
of the herein described tract of land;
•
THENCE Leaving Schultz Lane , with • the common line of the Albert
Tracts and the aforereferenced Daugherty Tract. N 65. 40'45.61 796.42
feet to the PLACE OT BEGINNING. There are contained within these
metes and bounds, 27.48 acres, more or less, of land area, as
described from record information and measurements made on the ground
on January 8, 1994 by McMinn Land Surveying of Austin, Texas.
sal McMinn. Jr., R. . Mo. 4267
McMinn Land Surveying Co••any
4210 Spicewood Springs Road, Suite 201
Austin. Texas 78759
(512) 343 -1970
DATE : August 30. 1995
SURVEY : WILLIAM BARIUM SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J .0. No.
LNDAFSR
: 012294
ZONING TRACT NO. 4
DESCRIPTION OF 0.275 OP AN ACRE, MORE OR LESS, OF LAND AREA. IN THE
WILLIAM BARKER SURVEY ABSTRACT NO. 107, I0 WILLIAM50N COUNTY. TEXAS.
BEING A PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION
AND AUSTIN CUSTOM HONE BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472.
PAGE 411, AND VOLUME 2495, PAGE 257, OPPICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY HETES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforereferenced Alborz Tracts, for the
northwest corner of the herein described tract of land, from which, an
iron rod found for the northwest corner of the Alborz Tracts bears
N 84'32'00'W 15.00 feet. S 87 575.94 feet, S 76
165.55 feet, and S 74'09'35'W 842.72 feat;
THENCE leaving the PLACE OF BEGINNING. with the common line of County
Road No. 170. and the Alborz Tracts. S 84'32'00'E 60.00 feet to
the northeast corner of the herein described tract of land,
THENCE leaving County Road No. 170, and crossing the Alborz Tracts,
the following three (3) courses:
1. S 05'26'15'W 149.96 feet, to the southeast corner of the herein
described tract of land;
2. N 04 80.00 feet, to the southwest corner of the herein
described tract of land; and
3. N 05'26'15'E 149.99 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 0.275 of an acre, more
or less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
N chael McMinn, Jr., '.P.L.S. No. 4267
McMinn Land Surveying ompany
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 - 1970
DATE August 30. 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson. Tease.
J.O. No. : 012294
LNDABSR
STATE OF TEXAS
COUNTY OF WILLIAMSON
By:
, its
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
Printed Name:
My commission expires:
Siendebecnlubnb dee
EXHIBIT B
§
§
That Organized and existing under the laws of the State of Texas, acting herein by
and through its Being the holder of a lien by way of Recorded in
Volume . Page of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of Acres of land situated in the
City of Round Rock, Williamson County, Texas, and does further hereby join, approve, and consent
to all provisions shown herein.
(Name of Lienholder)
§
§
This instrument was acknowledged before me on the day of , 199_,
b y of , on behalf of said
EXHIBIT C
GAT17s SCHOOL ROAD
ZONING TRACT NO. 1
DESCRIPTION OF 18.32 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, ./N WILLIAMSON COUNTY. TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY.
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the northwest line the aforereferenced Alborz
Tracts, same being the southeast line of that 5.00 acre tract of land
described in a deed dated November 20, 1974 from Earthel C.
Henderson, at ux, to Larry T. Gill, as recorded in Volume 600. Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 29'08'45 "E 212.08 feet)
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill
Tract, and crossing the Alborz Tracts, the following nine (9)
courses:
1. N 74 ° 09'30'E 992.62 feet to the beginning of a right breaking
curve; �.
2. with said right breaking curve having a radius length of 1850.00
feet, an arc length of 687.77 feet, and a chord which bears
N 84 683.82 feet; ..
3. S 84 15.08 feet to the northeast corner of the herein'
described tract of land;
4. S 05'26'15'W 20.00 feet;
5. S 01 ° 04'15 . 5 40.00 feat to a right breaking curve;
6. with said right breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
S 29 08'15 259.3 feet;
7. S 49'56'45 "W 164.67 feet to the beginning of a left breaking
curves
8. with said left breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
S 37'38 233.85 feet; and
9. S 24 ° 19'15 "W 373.05.feet to a point in the south line of the
Alborz Tracts, same being the north line of that 17 acre tract
of Land described in a deed dated February 17, 1967, from James
K. Eichelberger, Jr., to Edgar S. Daugherty, as recorded in
Volume 517, Page 445 of the Williamson County Deed Records, for
the southeast corner of the herein described tract of land;
THENCE with the common line of the Alborz tracts and the
aforereferenced Daugherty Tract, N 65 ° 40'45 "W 1253.66 feet to an
iron rod found for the southwest corner of the Alborz Tracts, same
being the north corner of the Daugherty Tract, and being the southwest
corner of the herein described tract of land;
THENCE leaving the Daugherty Tract, with the common line of the Alborz
Tracts, and the Gill Tract, N 29'08 E 81.55 feet to the PLACE
OP BEGINNING. There are contained within these metes and bounds,
18.32 acres. more or less, of land area, as described from record
information and measurements made on the ground on January 8, 1994 by
McMinn Land rve ing Company of Austin, Texas.
. Michael McMinn, Jr , R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE s August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LNOADSR
: 012294
DESCRIPTION OF 17.26 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY. TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS Or RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Albers
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from Tames K.
Eichelberger, Sr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65 1253.66 feet, and
N 29 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Albors Tracts, the following nine
(9) courses:
1. N 24 373.05 feet to the beginning of a right breaking
curve;
2. with said right breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
N 37'38'00•E 233.85 feet;
3. N 49 164.67 feet to the beginning of a left breaking
curve;
4. with said left breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
N 29'08'15'N 259.34 feet;
5. N 01'04'15'W 40.00 feet;
6. N O5'26'15"E 20.00 feet to the northwest corner of the herein
described tract of land;
7. S 84'33'45'E 575.92 feet
described tract of land;
8. S 13'40'45'E 154.50 feet
9. 5 47 °W 73.27'feets
10. S 28'27'45'w 205.49 feet;
11. 5 29'28 "W 335.74 feet;
12. 5 37'16 81.69 feet;
13. S 04'45'15'W 25.85 feet;
14. S 22'47 136.53 feet;
. ZONING TRACT NO.
to the northeast corner of the herein
15. S 21 27.41 feet;
16. S 20 ° 34 . 00 • E 66.63 feet;
17. 5 26 62.30 feet; and
18. 5 42 ° 27•15 . w 160.00 feet to a point in the south line of the
Albert Tracts. same being the north line the aforereferenced
Daugherty Tract, and being the southeast corner of the herein
described tract of land;
THENCE with the common line of the Aborz Tracts and the Daugherty
Tract, N 65 ° 40'45•w 696.61 feet to the PLACE OP BEGINNING. There
are contained within these metes and bounds, 17.26 acres. more or
less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
M chael McMinn, Jre' R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARBER SURVEY ABSTRACT NO. 107.
COUNTY ; Williamson, Texas. ••
J.D. No.
LNDAESR
; 012294
PLUS 0.275 ACRES DESCRIBED ON THE ATTACHED
ZONING TRACT N0. 2 CONTINUED
DESCRIPTION OF 0.275 OF AN ACRE, MORE OR LESS, 0? LAND AREA. IN THE
WILLIAM BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS.
BEING A PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORE CORPORATION
AND AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472.
PAGE 411, AND VOLUME 2495. PAGE 257, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING BORE PARTICULARLY DESCRIBED BY METES AND
HOUNDS AS FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforereferenced Alborz Tracts, for the
northwest corner of the herein described tract of land, from which, an
iron rod found for the northwest corner of the Alborz Tracts bears
N 84 "W 15.00 feet, S 87'11'30 ° W 575.94 feet, S 76
165.55 feet, and S 74'09'35'W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common lino of County
Road No. 170, and the Alborz Tracts, S 84 °E 80.00 feat to
the northeast corner of the herein described tract of lands
THENCE leaving County Road No. 170, and crossing the Alborz Tracts,
the following three (3) coursers
1. S 05 149.96 feet, to the southeast corner of the herein
described tract of lands
2. N 84 80.00 feet, to the southwest corner of the herein
described tract of land; and
3. N 05'26'15 "E 149.99 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 0.275 of an acre, more
or less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
. M chael McMinn, Jr.. - .P.L.5. No. 4267
McMinn Land Surveying ompany
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE August 10, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No. : 012294
LNDABSR
ZONING TRACT NO. 3
DESCRIPTION OF 27.48 ACRES, SORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OP WILLIAMSON COUNTY,
TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY HETE5 AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same-being the north line of that 17 acre tract of land
described in a ,deed dated February 17, 1967, from James K.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65'40'45 1950.27 feet, and
N 29 293.62 feet;
THENCE leaving the PLACE OP BEGINNING and the aforereferenced
Daugherty Tract. and crossing the Alborz Tracts, the following twelve
(12) courses:
1. N 42'27'15 160.00 feet
2. N 26 ° 50'30'5 62.30 feet;
3. N 20 66.63 feet;
4. N 21'50'15•8 27.41 feet:
5. N 22'47'00 136.53 feet;
6. N 04 ° 45'15•5 25.85 feet;
7. N 37 81.69 feet;
8. N 29 335.74 feet;
9. N 28'27 205.49 feat;
10. N 47'00'00•5 73.27 feet; "'
11. N 13 154.50 feet
described tract of land;
to the northwest corner of the herein
12. S 84'33'45'5 1003.37 feet to the southeast line of the Alborz
Tract, same being the northwest line of Schultz Lane, for the
e ast corner of the herein described tract of land;
THENCE with the common line of Schultz Lane and the Alborz Tracts, the
following four (4) courses:
1. with a right breaking curve having a radius length of 556.88
feet, an arc length of 105.65 feet, and a chord which bears
S 23'51'34'W 105.49 to an iron rod found;
2. S 29 164.20 feet to an iron rod found;
3. 5 23'20' W 39.59 feet to an iron rod found; and
4. S 29'16'20• W 1270.12 feet to a concrete monument found for the
south corner of the Alborz Tracts. same being the east corner of
the aforereferenced Daugherty Tract, and being the south conrer
of the herein described tract of land;
THENCE leaving Schultz Lane , with the common Line of the Alborz
Tracts and the aforereferenced Daugherty Tract, N 65'40.45 796.42
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 27.48 acres, more or less, of Land area, as
described from record information and measurements made on the ground
on January 8, 1994 by McMinn Land Surveying-Company of Austin, Texas.
ichael McMinn, Jr., R. No. 4267
McMinn Land Surveying Co any
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE s August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT N0. 107.
COUNTY Williamson, Texas.
J.O. No.
LNDAPSR
: 012294
ZONING TRACT NO. X
'DESCRIPTION OF 5.676 ACRES, MORE OR LESS, OF LAND AREA, IN TSE C.E.
ROWE SURVEY, ABSTRACT NO. 871, AND THE WILLIAM BARKER SURVEY ABSTRACT
NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THOSE TRACTS
OP LAND CONVEYED TO ALBOR0 CORPORATION AND A05TIN CUSTOM ROHE
BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE 411. AND VOLUME
2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of County Road No.
170, for the northwest corner of the aforereferenced Alborz
Corporation Tract, same being the east corner of that 5.00 acre tract
of land described in a deed dated November 20, 1974 from Earthel C.
Sanderson. et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land:
THENCE leaving the PLACE OP BEGINNING and the aforereferenced Gill
Tract, with the common line of County Road No. 170, and the Alborz
Corporation Tract, the following three (3) courses:
1. N 74'09 842.72 feet to an iron rod found at the beginning
of a right breaking curves -
2. with said right breaking curve having a radius length of 2000.00
feet, an arc length of 743.54 feat, and a radius which bears N
84 739.26 feet to a P.K. nail found in rock; and
3. S 84'32'00'E 15.00 feat to the northeast corner of the herein
described tract of land;
THENCE leaving County Road No. 170, and crossing the Alborz
Corporation Tract, the following four (4) courses:
1. S 05 149.99 feat to the doutheast corner of the herein
described tract of land;
2. N 84 15.08 feet to the beginning of a left breaking
curve;
3. with said left breaking curve having a radius length of 1850.00
feet, an are length of 687.77, feet, and a radius which bears S-
84'49'15'4 683.82 feet; and
4. 5 74 992.62 feet to the southwest corner of the herein
described tract of land, being in the southeast Line of the
aforereferenced Gill Tract, same being the northwest line of the
Alborz Corporation Tract;
THENCE with the common line of the Alborz Tract and the Gill Tract, N
29 212.08 feet to the PLACE OP BEGINNING. There ere
contained within these metes and bounds, 5.676 acres, more or less, of
land area. as described from record information and measurements made
on the ground on January 8, 1994 by McMinn Land Surveying Company of
Austin, 10035.
el McMinn. Jr , R.P.L.S. No. 4267
McMinn Land Survey 9 Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : C. E. ROWE SURVEY, ABSTRACT NO. 871,
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314,
WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY ; Williamson, Texas.
J.O. No.
LNDAASR
: 012294
ZONING TRACT NO. Y
DESCRIPTION OF 5.191 ACRES, MORE OR LESS, OF LAND AREA. IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS. BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORI CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472. PAGE
411. AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OP WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforerefsrenced Alborz Tracts, for the
easterly northwest corner of the herein described tract of land, from
which, an iron rod found for the northwest corner of the Alborz Tracts
bears N 84'32'00'04 95.00 feet, S 87'11.30'w 575.94 feet. S 76'32'
28'W 165.55 feet, and S 74'09'35'W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common line of County
Road No. 170, and the Alborz Tracts, the following five (5) courses:
1. S 84'32'00'E 279.22 feet to an iron rod found;
2. S 84'31 °E 116.80 feet to an iron rod found;
3. S 84'34 539.10 feet to an iron rod found;
4. S 84 110.00 feet to an iron rod found;
5. S 84'34'15' E 443.21 feet to an irom rod found at the beginning
of a right breaking curve, at the intersection of the south line
of County Road No. 180 and the west line of the Schultz Lane,
for the northeast corner of the Alborz Tracts, same being the
northeast corner of the herein described tract of land;
THENCE leaving County Road No. 170, with the common line of Schultz
Land and the Alborz Tracts, the foilowing two (2) courses:
1. with a right breaking curve having a radius length of 25.00
feet. an arc length of 39.18 feet. and a chord which bears S 40'
03'00'E 35.29 feet to an Iron rod found at a point of compound
curvature;
2. with a right breaking curve having a radius length of 556.88
feet, an arc length of 126.34 feet, and a chord which bears S
11'44'30' 04 126.07 feet to the southeast corner of the herein
described tract of land;
THENCE leaving Schultz Land, and entering crossing the Alborz Tracts,
the following two (2) courses:
1. N 84'33'45'w 1499.29 feet to the southwest corner of the herein
described tract of land: and
2. N 05'26•15'E 149.96 feet to the PLACE OP BEGINNING. There are
contained within these metes and bounds, 5.191 acres, more or less, of
land area, as described from record information and measurements made
on the ground on January 8, 1994 by McMinn Land Surveying Company of
Austin, Texas.
Michael McMinn, Jr. • .P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT N0. 107.
COUNTY : Williamson, Texas.
J.O. No. : 012294
LNDACSR -
R: \SEPUDS \SPR1HGl.E[H /cde
EXHIBIT D
DEVELOPMENT STANDARDS
SMALL LOT SINGLE FAMILY
1. PERMITTED USE: Single Family residential.
2. DENSITY:
2.1 Minimum lot size: 5,000 square feet.
2.2 Minimum lot frontage: 50 feet (measured at the front
building line).
3. BUILDINGS SETBACKS
3.1 Front yard: 15 feet from the front property line
3.2 Rear yard: as specified in the SF -2 zoning district.
3.3 Side yard: as specified in the SF -2 zoning district.
3.4 Garages: All garages must be a minimum of 20 feet from
the property line, unless a side entry garage format is
utilized.
4. STREETS AND UTILITIES:
4.1 Access: The Owner shall restrict access to Louis Henna
Blvd. to two access points approved by the Director of
Planning. The entry road shall be designed with a
divided, landscaped island.measuring a minimum of 10 feet
by 50 feet, to be maintained by a Homeowner's
Association. Any other entry structures must be approved
by the Director of Public Works and the Director of
Planning. No residential streets shall access Louis Henna
Boulevard.
4.2 Cul -de -sac length: The maximum cul -de -sac length may be
waived in order to limit access to the Arterial roadway,
but must still obtain approval of the Director of Public
Works and Fire Chief at platting.
4.3 Underground Electric and Utility Lines: Except where
approved in writing by the Director of Public Works all
6. LANDSCAPING:
2.
electrical, telephone and cable vision distribution and
service lines, other than currently existing overhead
lines and lines three phase or larger shall be installed
underground. No rooftop or anchored antennas shall be
allowed. Individual satellite dishes less than 36" in
diameter are not prohibited.
5. FENCING OR BERMING:
5.1 Perimeter Fencing along Louis Henna Blvd. and Schultz
Lane: All perimeter fencing or berming along Louis Henna
Blvd. and Schultz Lane shall be constructed and accepted
as part of the normal subdivision improvements with all
berms a minimum of three feet in height and landscaped
with pampas grass planted 10 feet on center.
5.2 Perimeter Fencing: All perimeter _fences shall be
constructed with wood, woodcrete, iron, masonry, vinyl -
coated chain link with decortive vinyl posts or a
combination thereof. If vinyl- coated chain link is
utilized, it shall be accompanied by planting
Pyrincanthia, Coral Honeysuckle, Confederate Jasmine or
other similar plant approved by the Director of Planning.
These plants shall be spaced 10 feet on center if 5
gallon plants are utilized or 6 feet on center if 3
gallon plants are utilized. Plants shall be placed on the
inside of the fence to ensure maintenance by the
homeowners.
5.3 Fence Supports: All supports shall be constructed of
masonry or rust resistant iron or steel, anchored in
concrete. The finished side of perimeter fencing shall
face the outside of the development.
5.4 Approval by Director of Planning: Fence construction
plans shall be approved by the Director of Planning prior
to construction of perimeter fencing to ensure stability,
durability and aesthetics.
Each builder, prior to issuance of Certificate of Occupancy,
shall plant two trees within the building setback area of the
front yard. These trees shall be a minimum of one and one -half
inch (1 -1/2 ") caliper container grown and may be a mixture of
any of the following trees: all variety of oaks, elms, pecan
and sycamore or trees of equal quality as approved by the
Director of Planning.
3.
1. PERMITTED USES:
EXHIBIT E
DEVELOPMENT STANDARDS
BUSINESS PARK
4.
6. BUILDINGS SETBACKS:
6.1 Front yard - feet.
6.2 Rear yard - 25 feet.
6.3 Side yard (internal) - 25 feet.
6.4 Side yard (street) - same as front yard.
1.1 Primary Uses: Including, but not limited to, office,
office /warehouse, research & development, technical schools,
light manufacturing and assembly, conducted wholly within a
building.
1.2 Secondary uses: Including, but not limited to, caretakers
residence, the sale of goods produced or assembled on site,
day care and other employee services. ---
2. PROHIBITED USES: Including, but not limited to, automotive and
machinery repair, automotive and machinery painting, wrecking
yard, sexually oriented businesses, transmission and
communication towers, trucking depots, bulk distribution
centers and mini - warehouses.
3. OUTDOOR STORAGE: Outdoor storage of materials or equipment and
loading docks shall provide a visual screen from abutting
properties or city streets. All screening shall be approved by
the Director of Planning prior to construction.
4. INTERPRETATION OF USE: Interpretation of uses not clearly
permitted or prohibited shall be made in writing by the
Director of Planning. A copy of interpretations shall be
provided to the owner and the City Building Inspector.
5. DENSITY: Minimum lot size one (1) acre.
7. SIGN REGULATIONS:
7.1 All freestanding signs shall be monument signs.
7.2 Freestanding signs shall not exceed six feet in height.
7.3 Freestanding signs shall not restrict visibility for
traffic entering or leaving the site.
7.4 One freestanding sign shall be permitted for lots of less
than three acres in size. The maximum area of the sign,
defined as the area contained within a polygon containing
the actual lettering and any logo, shall be fifty square
feet. Portions of the masonry structure on which the sign
is located are not counted as part of the fifty square
feet provided they are not contained within the polygon.
7.5 Additional freestanding monument signs shall be permitted
for lots of three acres or larger in accordance with the
regulations contained in the City Sign Ordinance.
7.6 Directional signs solely for the purpose of directing
traffic or identifying buildings and facilities shall be
permitted provided they are restricted to a size required
for their function as determined by the Director of
Planning.
8. LANDSCAPING & BUFFERING:
8.1 If any visitor parking is provided in any front yard,
then a landscaped berm shall be installed in accordance with
the following design standards:
8.1.1 The height of the berm shall be a minimum of
three feet in height and be landscaped to
provide a complete visual screen of any
parking, loading or storage areas. A site plan
shall be approved by the Director of Planning
prior to the issuance of any building permit.
The Director of Planning shall review the
landscaping, elevations and abutting uses to
ensure that the required visual screen will be
provided. Trees shall be planted no less than
thirty feet apart.
8.2 Trees shall be planted in all street yards. Said trees
shall have a minimum caliper of two inches and a minimum
height of six feet for softwoods and eight feet for
5.
hardwoods. Trees shall consist of a mix of hardwoods and
softwoods to provide for both rapidly growing and slower
growing species.
8.3 A minimum of 75 percent of required front yards and side
street yards shall be landscaped, excluding driveways.
9. PARKING & LOADING REQUIREMENTS:
6.
9.1 Parking and loading shall be provided in accordance the
current standards set forth in the Code.
9.2 No parking or loading shall be permitted in any required front
yard or street side yard, except that visitor parking may be
permitted in up to twenty -five percent of the streetyard if a
landscaped screen & berm is first approved in writing by the
Director of Planning and is installed in accordance with
Section 8.1, above.
EXHIBIT F
DEVELOPMENT STANDARDS
MULTI - FAMILY RESIDENTIAL
1. PERMITTED USE: Apartments and Condominiums.
2. DENSITY AND HEIGHT:
2.1 Twenty (20) units per acre, provided all other
requirements of this Agreement are met.
2.2 Allowed height 3 stories.
3. BUILDINGS:
3.1 Setbacks:
3.1.1
3.1.2
3.1.3
3.1.4
Front yard 50 feet.
Rear yard 25 feet.
Side yard (interior) 25 feet.
Side yard (street) 50 feet.
7.
3.2 Carports: Carports may be constructed, provided the
design is first approved by the Director of Planning.
Carports shall meet the following setback requirements;
3.2.1 Front yard - 25 feet.
3.2.2 Rear yard - 5 feet from the edge of the roof.
3.2.3 Side yard (interior) - 5 feet from the edge of
the roof.
3.2.4 Side yard (street) - 25 feet from the edge of
the roof.
4. ACCESS: Driveway access points shall contain a divided drive
with a landscaped median separating ingress and egress lanes
with each a minimum of 24 feet wide.
5. RECREATIONAL AMENITIES: The following private recreational
facilities shall be provided on site in lieu of parkland
dedication:
5.1 One swimming pool, a minimum of 500 square feet.
5.2 A clubhouse with a minimum of 1,000 square feet plus
sales leasing and office space.
6. PARKING REOUIREMENTS: Parking shall be provided as follows:
6.1 Efficiency units - 1.5 spaces.
6.2 One bedroom units - 1.5 spaces.
6.3 Two bedroom units - 2.0 spaces.
6.4 Three bedroom units - 3.0 spaces.
6.5 Additional guest spaces shall be provided in a number
equal to five percent of the number of parking spaces
required for the total number of units.
6.6 All parking spaces shall be a minimum of nine feet (9')
wide.
6.7 No recreational vehicles, boats of trailers shall be
allowed to be parked in any street yard.
7. LANDSCAPING & BUFFERING:
7.1 Trees: Trees shall be planted in all street yards in
accordance with the following standards:
7.1.1 One tree for each (25) feet of frontage.
7.1.2 Each tree shall have a minimum caliper size of
two inch and a minimum height of six feet for
softwoods and eight feet for hardwoods. Trees
shall be alternated between hardwoods and
softwoods.
7.2 Maintenance: All landscaping shall be maintained and
irrigated by the property owner or a property owners
association which has been approved by the City Attorney.
8.
7.3 Berms: A landscaped berm with a minimum height of three
(3) feet shall be provided adjacent to all public
streets.
8. FENCING:
8.1 Perimeter Fencing: All perimeter fencing or berming
shall be constructed and accepted as part of the normal
subdivision improvements with all berms a minimum of three
feet in height and landscaped with pampas grass planted 8 feet
on center.
8.2 Perimeter Fence Construction: All perimeter fences
shall be constructed with wood, woodcrete, iron, masonry,
vinyl coated chain link with decorative vinyl posts or a
combination thereof. If vinyl- coated chain-link is utilized,
it shall be accompanied by planting Pyrincanthia, Coral
Honeysuckle, Confederate Jasmine or other similar plant
approved by the Director of Planning. These plants shall be
spaced 8 feet on center if 5 gallon plants are utilized or 5
feet on center if 3 gallon plants are utilized. Plants shall
be placed on the inside of the fence to ensure maintenance by
the homeowners.
8.3 Fence Supports: All supports shall be constructed of
masonry or rust resistant iron or steel, anchored in concrete.
The finished side of perimeter fencing shall face the outside
of the development.
8.4 Approval by Director of Planning: Fence construction
plans shall be approved by the Director of Planning prior to
construction of perimeter fencing to ensure stability,
durability and aesthetics.
9. SIGNS:
9.1 All signs shall be masonry monument signs.
9.2 Signs shall not exceed six feet in height.
9.3 Signs shall not restrict visibility for traffic entering
or leaving the site.
9.4 One sign shall be permitted at each entrance to the site.
The maximum area of each sign, defined as the area
contained within a polygon containing the actual
lettering and any logo, shall be fifty square feet.
9.
Portions of the masonry structure on which the sign is
located is not counted as part of this fifty feet
provided it is not contained within the polygon.
9.5 Directional signs solely for the purpose of directing
traffic or identifying buildings and facilities shall be
permitted provided they are restricted to a size required
for their function as determined by the Director of
Planning.
10. NEIGHBORHOOD BOX UNITS: A postal_ delivery facility shall be
provided and shall include parking and shall be handicapped
accessible.
11. DEVELOPMENT REVIEW BOARD (DRB): A site plan shall be approved
by the City DRB prior to the issuance of_A building permit.
The DRB shall review site plan for compliance with the
provisions of this agreement and other Code requirements.
10.
EXHIBIT G
1. SINGLE FAMILY LOTS: The following items shall be included in
the restrictive covenants which shall be recorded with a final
plat for Single Family lots.
1.1 Amendment: This Declaration may be amended by recording
in the Williamson County Real Property Records an
instrument executed and acknowledge by the President and
Secretary of the Association setting forth the amendment
and certifying that such amendment has been approved by
Owners of at least two thirds (2/3) of the number of Lots
entitled to be cast, and the Mayor on behalf of the Round
Rock City Council as any amendment pertains to any item
in this exhibit. -r
1.2 Garages and Driveways: All garages shall comply with all
other restrictions, covenants, conditions and limitations
on usage herein provided for other improvements in the
Subdivision. All garages shall be suitable for not less
than two (2) automobiles. All garages shall consist of
enclosed structures and no carports shall be permitted on
any Lot. The location of all driveway cuts shall be
subject to the City of Round Rock Building Codes. All
driveways shall be constructed of concrete. All driveways
shall be a minimum width of sixteen (16) feet. No garages
shall be converted into bedrooms, dens, studios or any
living areas for the occupants; provided however, that
builders may temporarily convert the garage of a model
home, but the City of Round Rock shall not be obligated
to issue a certificate of occupancy, or permanently
provide utilities until said garage is re- converted for
the parking of automobiles.
1.3 Masonry Requirements: Each Single Family dwelling
constructed shall have at least seventy five percent
(75 %) of its exterior walls of the first floor and the
front wall of the second floor of a two story structure
constructed of stone, stucco or masonry construction. In
computing these percentages (1) all gables shall be
excluded from the total area of exterior walls; (2) all
windows and door openings shall be excluded from the
total area of the exterior walls; (3) masonry used on
walls of an attached garage, fireplace or chimney may be
included in the computation as masonry used; and (4)
"Hardi plank" products may be included in the computation
11.
as masonry used, but shall not be used on the front face
of the lower floor; (5) all front walls shall be 100%
masonry.
1.4 Roofing Materials: All roofing material shall meet or
exceed 20 year warrant composition shingles. Non -
reflective metal, tile or other similar quality materials
are acceptable.
1.5 Antennas: No exterior radio, television antenna,
satellite dishes or aerial shall be erected or maintained
without prior written approval of the City of Round Rock
Director of Planning. Individual satellite dishes less
than 36" in diameter are not prohibited.
1.6 Signs: All entry monumentation shall-be constructed of
low maintenance materials approved -in advance by the
Director of Planning. In the event that the sign is not
properly maintained, the City may give the sign owner
written notice that repairs must be made within 14
business days of notification or the City shall have the
right, but not the obligation, to have the repairs made
and charged to the owner.
Prohibited signs include 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 shall be made
of masonry with a maximum height of six feet.
The Property Owners Association shall own and
maintain all entry signs.
1.7 Responsibility of Property Owner's Association: The
Property Owners Association shall be the entity
responsible for enforcing the deed restrictions and
restrictive covenants. Although the City reserves the
right to enforce any provisions required by the Planned
Unit Development, it is not the intent of the City to
assume responsibilities normally reserved to the Property
Owners.
1.8 Prohibition of Boats, Etc. All boats, recreational
vehicles, motor and trailer homes, and semi - trailers
12.
shall not be located in the front yard or side yard of
any building, or parked on any street within the PUD.
2. MULTI FAMILY LOTS: The following items shall be included in
the restrictive covenants which shall be recorded with a final
plat for Multi Family lots:
2.1 Amendment: This Declaration may be amended by recording
• in the Williamson County Real Property Records an
instrument executed and acknowledge by the sole owners or
if the development is a condominium by the President and
Secretary of the Association setting forth the amendment
and certifying that such amendment has been approved by
Owners of at least two thirds (2/3) of the number of Lots
entitled to be cast, and the Mayor on behalf of the Round
Rock City Council as any amendment .pertains to any item
in this exhibit.
2.2 Masonry Requirements: Each Building constructed shall
have at least eighty percent (80 %) of its exterior walls,
facing a public street, constructed of stone or masonry
construction. In computing these percentages (1) all
gables shall be excluded from the total area of exterior
walls; (2) all windows and door openings shall be
excluded from the total area of the exterior walls; (3)
masonry used to a fireplace or chimney may be included in
the computation as masonry used; and (4) Stucco and all
"Nardi plank" products may be included in the computation
as masonry used.
2.3 Roofing Materials: All roofing materials shall meet or
exceed 20 year warranty composition shingles. Non -
reflective metal, tile or similar quality materials are
acceptable.
2.4 Antennas: No exterior radio, television antenna,
satellite dishes or aerial shall be erected or maintained
without prior written approval of the City of Round Rock
Director of Planning.
2.5 Signs: All entry monumentation shall be constructed of
low maintenance materials approved in advance by the
Director of Planning. In the event that the sign is not
properly maintained, the City may give the sign owner
written notice that repairs must be made within 14
business days of notification or the City shall have the
right, but not the obligation, to have the repairs made
and charged to the owner.
13.
Prohibited signs include 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 shall be made
of masonry with a maximum height of six feet.
The Property Owners Association shall own and
maintain all entry signs.
14.
Doc# 9552039
# Pages: 45
Date : 11 -17 -1995
Time : 02:02:44 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE 6IZZELL
COUNTY CLERK.
Rec. S 97.00
IRE STATE OF TEXAS
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CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664