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Z-95-05-25-13A - 6/8/1995THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 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 the City of Round Rock, Texas, at two meetings held on the I 1 — day of r t_h �y l 19 and the 0(0 day of ` n , 19 45 which is recorded in the minutes of the City of Round Rock in Book J7 r� y CEE h RTIFIED by my hand and seal of the City of Round Rock, Texas on this Vv day of , 19 Q5 OFFICIRL`R1 +OROs' WIWA►SOH COUNT r.WAS DOC# 9524866 ANNE LAND ssistant City Manager/ City Secretary TEXAS: No. Z- 94- 06- 09 -8B, which created the Planned Unit Development No. 13, is hereby amended by adopting the First Amended Development Plan for Planned Unit Development No. 13, which shall read as follows: This Agreement ( "Development Plan ") made the i b - day of ` Lti , 19 O }5 , between the City of Round Rock, Texas, having i s offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City ") and Round Rock Ranch Ltd., its successors and assigns, who address for purposes hereof is (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Round Rock Ranch Ltd., its successors and assigns; provided, however, upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Round Rock Ranch Ltd. as to.such property shall be assigned by the new owner, and Round Rock Ranch Ltd. shall have no further liability relating to such property. WHEREAS Developer has requested a Planned Unit Development from the City for the development of 16.68 acres of land for a Single family small lot garden home development on a tract of land located within the corporate limits of the City and particularly described by metes and bounds in Exhibit "A" attached hereto and made part hereof (Hereinafter called the Land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316 (8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ( "Development KS /ORDINANCE OR50511G.3 ORDINANCE NO. Z / 5 ` ©5 - 2, - 13' / AN ORDINANCE ADOPTING THE FIRST AMENDED DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT NO. 13, WHICH WAS CREATED IN ORDINANCE NO. Z- 94- 06- 09 -8B; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, I. That the Development Plan attached as Exhibit "B" to Ordinance FIRST AMENDED DEVELOPMENT PLAN FOR PUD. NO. 13 Plan ") to the City containing terms and conditions for the use and development of the Land; and, WHEREAS the Development Plan forms the concept plan for this land, the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on April 21, 1994; and WHEREAS the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Developer covenant and agree as follows: 1. LIEN HOLDER CONSENT The lienholder of record has consented to this agreement and any dedications agreed to herein. The lienholder consent is attached hereto as EXHIBIT "B" and incorporated herein. 2. DEVELOPMENT AND LAND USE The 16.68 acres shall be divided into two separate tracts designated as Development Area 1 and Development Area 2. The Development Areas 1 and 2 shall be referred to collectively as " The Land ", which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. A portion of the Land will be dedicated to the public as right of way for Round Rock Ranch Boulevard at the time of final plat. Development Areas 1 and 2 may be developed simultaneously or one may be developed before the other. Additionally, each Development Area may itself be developed in phases. 2.1 Development Area 1 Development Area 1, consisting of 8.59 acres shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 1 shall consist of a maximum of 53 dwelling units, as well as parking, greenbelts, recreational amenities, and other accessory uses. 2. 2.2 Development Area 2 Development Area 2, consisting of 7.73 acres and 0.36 acre portion to be dedicated to the public as right of way, shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 2 shall consist of a maximum of 42 units, as well as parking, greenbelts, recreational amenities and other accessory uses. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed 6.0 units per acre, totaling a maximum of 95 total units for Development Areas 1 and 2. The minimum lot size shall be 3500 square feet. 4. ALTERNATIVE DEVELOPMENT 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum building setback requirement along Gattis School Road and Round Rock Ranch Boulevard right of way shall be 25 feet, and no single family lot shall have direct access to Gattis School Road or Round Rock Ranch Boulevard. 4.1.2 The Round Rock Ranch amenity, shown'as the 1.463 acre tract on Exhibit "C ", is not located within this Planned Unit Development and is not part of this PUD. This amenity, however, will be available for use to the entire Round Rock Ranch Development, including the homeowners located within this Planned Unit Development. 4.2 Setbacks 4.2.1. Except as stated elsewhere in this agreement, minimum setbacks shall be 15 feet from the street curb to the front of a unit. 4.2.2. Each unit shall be a minimum of 10 feet apart. No common wall development is allowed under this agreement. 4.2.3. All lots along the perimeter of Development Areas 1 and 2 shall maintain a 20 foot setback from the northern property line of Development Areas 1 and 2 and a 25 foot building setback from all perimeter roadways. 3. 4.3 Greenbelts 4.3.1. The greenbelt as depicted in Exhibit "C ", shall be a common area owned, maintained and controlled by the Homeowners Association. The greenbelt will consist of one lot designated as common area which shall include public utility easements, drainage easements, and fence, landscape and greenbelt easements. The lot depths and the rear lot line and easement placement will be established at time of platting, and subject to and approved by the Director of Planning. The owner will be responsible for landscaping the greenbelt. Exhibit "I ", attached hereto and incorporated herein, shows general depiction of the greenbelt layout. 4.3.2. Since some, but not all, lots will abut the greenbelt, the minimum width of the greenbelt shall be 20 feet, and each lot owner in Development Areas 1 and 2 will have access to all of the greenbelt. The 1.463 acre tract described in Section 4.1.2 above , to be used as an amenity for the entire Development, will be connected to the greenbelt. 4.3.3. The internal fencing of the greenbelt will be a wood, masonry and /or steel type not to exceed 4' in height to maintain a feeling of openness. No chain link or fencing will be allowed along the greenbelt areas. See Exhibit I. 4.3.4. An open space area approximately 45 to 125 feet wide containing drainage and greenbelt shall be located between Development Areas 1 and 2. Passive recreational activities such as playscape, picnic areas, benches and /or gazebos may be located within this area. 4.4 Sidewalks and Pathways In lieu of constructing sidewalks along Gattis School Road, the developer will provide additional landscaping and fencing along the perimeter boundary street. The City of Round Rock will construct sidewalks after the roadway expansion is completed. A three foot sidewalk shall be located on the side of the street where all perimeter lots are located. No sidewalks are required on internal lots which abut the greenbelt or on the east side of the cul -de -sac located opposite the amenity center. (See exhibit "C" for sidewalk locations). Numerous pedestrian walkways shall be located in and along the greenbelt. Since the emphasis of this PUD concept is internal, pedestrian activity will be directed away from front yards and the streets and placed in the landscaped areas of the greenbelt. These walkways will be constructed of 4. crushed, washed or decomposed granite or crushed brick placed on a compacted sub - grade. The benched areas will be located in the center greenbelt along the common area between Development Areas 1 and 2, as described in Section 4.3.4, above. 4.5 Fencing The perimeter fence treatment shall be a combination of wood, woodcrete or masonry with iron and steel. The owner reserves the right to combine the woodcrete with some combination of wood in the perimeter fence, subject to review and approval by the Director of Planning. If this option of Wood /Woodcrete is constructed, metal or steel posts will be used for increased strength and durability. The perimeter fence will be approximately 6 feet tall and provide security for the home owners. The internal fences will be made of aluminum, iron, masonary, wood or steel. The entire greenbelt will be fenced in between the units, with the rear yard or courtyard of the unit being located along the lot line of the greenbelt. Chain link fences will not be allowed. "See Exhibit "H & I" attached. 4.6 Screening The screening of the property along Gattis School Road and Round Rock Ranch Boulevard shall be comprised of a six foot wood, woodcrete and masonry steel or wrought iron fence, ten large shrubs per 50 foot offset fencing section and one, 1 -1/2" caliper tree for each lot which abuts along Gattis School Road and Round Rock Ranch Boulevard. "See Exhibit "H" attached." The interior greenbelt shall have one 1 % inch caliper tree to be planted at a minimum of 50 foot intervals. (See exhibit I.) 4.7 Single Family Lots The minimum width of any single family lot shall be 50 feet. The minimum depth of any single family lot shall be 65 feet. The minimum single family lot shall be 3500 square feet. The typical lot size will be 50 feet x 100 feet. The typical greenbelt size will be,20 feet. See Exhibit "D" attached. 4.8 Buildings 4.8.1 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 5 foot sideyard setback, and be between 45 feet - 65 feet in depth. See Exhibit "I" attached. 4.8.2 The front and rear facade will be constructed of 100% masonry materials, excluding gables, doors, vents, recessed second story walls, and trim. 5. 5. STREETS & OFF STREET PARKING 5.1 Streets 4.8.4 Garages 4.8.5 Roofing Materials 4.8.6 Patios 6. All other portions of the building exterior will be constructed of at least 70% masonry materials. No 4 foot x 8 foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4.8.3 Front entries with porches /patios constructed of wood trim will be acceptable. All buildings shall include two -car garages facing directly on the street. These garages are to be set back a minimum of 22 feet and a maximum of 25 feet from the curb. Driveways will maintain a minimum 18 feet in width to adequately accommodate 2 guest parking spaces. No garages shall be converted into bedrooms, studies, dens or any living areas for occupants with the exception of model homes. Any garage conversions in model homes shall be restored to the intended use as a garage prior to occupancy as a single family residence. Roofing Materials will be limited to 300 lbs. /30 year high quality composite laminated raised profile shingle, tile, Timberline style or Hardiplank style materials. No wood or non - Timberline style, composite shingles will be allowed. Roof pitch shall be encouraged by the deed restrictions and the architectural control committee to be at slight grades from the garage to the second story unit. All patios will be structurally connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and the setback depth. The internal streets will be private and maintained by the Homeowners Association. The width of the local internal street will be 27 feet of pavement, 28 feet curb to curb. The entry streets are detailed in Exhibit "F" attached. Entry streets will have security gates for restricted access. The roadway following the divided entry street in Development Area 1 shall be designed as a 30 foot paved section, 31 feet curb to curb. Each dead end street will be terminated by a cul -de -sac turnaround with a 30 foot turning radius. The Homeowners Association will be required to finance all repairs and standard maintenance of the streets after the two year contractors warranty bond expires. Funding shall be provided by a monthly assessment established as a sinking fund for street maintenance. See Exhibit "E" attached. 5.2 Off Street Parking Two to four off - street visitor parking lots will be located in each cul -de -sac. There will be a total of twelve (12) off - street parking facilities for the entire development. Parking along the internal roadways will be limited to one side of the street only and set forth in deed restrictions of the subdivision. Small signs shall notify visitors and guest of the parking arrangements and restrictions at the entries and median locations. No recreational vehicles, boats or trailers will be allowed to be parked in any street or driveway within the entire development. The 12 off street parking facilities will be reserved specifically for guests only. Boats, trailers or recreational vehicles may not occupy any of these visitor parking spaces. See Exhibit "E" attached 5.3 Entry Roadway Both entry roadways for Development Areas 1 And 2 will be designed with divided landscape medians, 30 foot turnarounds, side drive mailbox kiosks and stamped concrete. Any other additional entry structures must be approved by the city attorney, Director of Public Works, the Director of Planning, and continued in an approved licensing agreement. See Exhibit "F" attached. 5.4 Security Gates Security gates will be installed at each entry. Property owners will be provided with an electronic gate opener (similar to a garage door opener) and an alternative code number for entrance in case the electronic opener malfunctions. At the entry next to the mailbox kiosk will be a call box with residence listing. This will provide visitors access to the PUD. The gate code will be given to all utility, emergency and post office officials for access into the PUD. For specific emergency and fire situations, construction of the gate will be designed to allow "crash" entry. See Exhibit "F" attached. 7. 5.5 Landscaped Medians Landscaped medians located along local cul -de -sacs will be no wider than 6 feet and approximately 12 -18 feet long. Road pavement sections along both sides of the median will be 14 feet wide for acceptable reverse sight distances. Landscaping materials and berms in the median shall maintain a low level height of approximately 4 foot for visibility. 5.6 Refusal of City to Accept Street and Utilities Owner hereby acknowledges and agrees that since the streets and utilities provide herein area are not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any of said streets and utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 6. UNDERGROUND ELECTRIC AND UTILITY LINES 6.1 Except where approved in writing by the Director of Public Works all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. No rooftop antennas will be allowed in the entire PUD. 6.2 Public Utility Easements All water, wastewater, gas and stormsewer lines will be located inside the 26 or 30 foot pavement section, unless otherwise approved by the Director of Public Works. Electric, telephone, cable line and transformers will be located in the greenbelts at all possible places. The greenbelts shall be designated P.U.E.'s with electric, phone, cable and transformers located within these areas. Each utility has been designated a standard assignment as shown in exhibit "G" attached. 6.3 Maintenance by the Homeowners Association Water and Wastewater line within the Land shall be private lines which will be maintained by the Homeowners Association. A master meter or meters shall be used to deliver city water in bulk to the Land. 6.4 Refusal of City to Accept Utilities Owner hereby acknowledges and agrees that since the utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any utilities 8. for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 7. EMERGENCY FIRE ACCESS Emergency fire access will be provided by an all weather aggregate, decomposed granite or crushed brick driveway connecting both cul -de -sacs between Development Area 1 and 2 for through access for emergency vehicles. This drive will be 18 -20 feet in width and will cross the greenbelt and drainage channel for direct access through the entire PUD. The City of Round Rock Fire Department will review and approve construction plans for this driveway 8. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for Development Areas 1 and 2. These Restrictions shall specifically provide for the following: 8.1 Vehicle Parking To the extent reasonably practical, the property owner shall, limit, or prohibit the use of any parking on one side of the local internal streets. Boats trailers, buses and recreational vehicles shall not be allowed to park on any street, driveway or guest parking space. Vehicle parking restrictions will be policed by the Homeowners Association's authorized representative or the declarant. 8.2 General Signage Standards All entry monumentation visible from Gattis School Road shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a Signage is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made with the five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged;to the signed owner. Prohibited signs include permanent''bench signs; billboards; signs with flashing or blinking lights or mechanical movement; dayglo colors signs that make or create noise; animated or moving signs; exposed neon illumination; painted wall signs; pennants; trailer signs; signs with beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials for the design shall be made of natural stone or masonry with a height limit equal to that of the 6 foot fence. The Homeowners Association will own and maintain all entry signs associated with the PUD. 9. 8.3 Homeowners Association A Homeowners Association will be established at the time of final platting. The Association documents will be submitted for review and approval by the Director of Planning and City Attorney at the final plat stage. The mechanism for funding and collection of fees for the Association will be detailed to the satisfaction of the Director of Planning and the City Attorney prior to the final plat approval or recordation. The Association will maintain all areas within the Development Area except private lots. The declarant "Owner" shall maintain control of the Homeowners Association until 75% of the building sites are sold. Once home - building commences the declarant shall have the voting approval ratio of 5 to 1 over individual lot buyers. Upon 75% of the homesite sold, the declarant shall concede total control to the Homeowners Association. 8.4 Architectural Controls 8.4.1 Roofing materials shall be constructed of 300 lbs. high quality laminated raised profile composite shingle, tile, Timberline style or Hardiplank materials. Front and rear facade shall be a minimum 100°% masonry. The remainder of the house shall be at least 70% masonry or a stucco type material. Composite roof materials will not be allowed with the exception of 8.4.1. No 4 foot x 8 foot cedar wood panels shall be used for Siding. Only washboard style or other quality wood materials shall be used. An architectural control committee shall be established at the final plat stage. The "declarant" owner shall be in charge of the architectural standards and reviewing plans for the PUD until 75% of the homesites are sold. Upon 750 of the homesites sold, the declarant shall hand over total control to the Homeowners Association, of which will elect a three person board for review. This process will be given more detail within the deeds and restrictive covenants at the final plat stage. 8.4.2 This project will be designed and constructed in 2 development areas. Each development area may produce a distinct or different architectural type to identify itself. However, for consistency in product and overall protection of home values, there will be a standard (1 or 2) theme color for the houses, standard design, (i.e.: roof pitch, roof materials) and concept, (i.e.: sideyard entries) for the entire PUD. There may be 4 -6 variations of this design standard, such as 4 different floor plans, but the concept and the 10. building type will remain consistent throughout the entire development. 8 5 The Homeowners Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to enforce any provisions of this agreement, it is not the intent of this agreement for the City to assume any responsibilities normally reserved to a Homeowners Association. 9. APPLICABILITY OF CITY ORDINANCES 9.1 Zoning and Subdivision The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 9.2 All other Ordinances All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 10. DESIGNATED CONCEPT PLAN This entire PUD ordinance constitutes the Concept Plan for Development Areas "1" and "2" required by the City Subdivision Ordinance. Such concept plan is hereby approved by the City. 11. COMPATIBILITY This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 12. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council. any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his own discretion, determine what constitutes a substantial change. 11. 13. DEFINITIONS Definitions shall be defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 14. EXHIBITS Exhibits "A" through "J" attached are part of this Agreement and incorporated herein. 15. ENTIRE AGREEMENT AND MODIFICATIONS This Agreement, the Development Agreement, and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither the Agreement nor any provision hereof may be waived, modified, amended, discharge, or terminated except by an instrument in writing signed by the City or its designated representative, as set forth herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. 16. APPLICABLE LAW This Agreement shall with the laws of the 17. CAPTIONS The captions in this reference only and scope or intent of hereof. 18. SEVERABILITY be governed by and construed in accordance State of Texas. Agreement are inserted for convenience of in no way define, describe, or limit the this Agreement or any of the provisions If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully serverable and shall not invalidate this Agreement. In such an event, such illegal, invalid, or unenforceable provision shall be replaced with a provision which as nearly as possible fulfills the intent of the severed provision, but is not illegal, invalid, or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 12. 19. GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 20. BINDING EFFECT The Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 21. STATUS OF PARTIES' RELATIONSHIP Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 22. COUNTERPART EXECUTION 23. AUTHORITY ATTEST: DATE: This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. ,,,, t Si Mg DATE: ( -L I ' netS 13. CITY OF ROUND ROCK, TEXAS BY Charles %Tepper, Mayor Ti Round Rock Ranch, Ltd. a Texas it-d Partnership immerman, President THE STATE OF TEXAS COUNTY OF WILLIAMSON This i strument was acknowledged before me on the 8 tiu day of ,A/yl,Qi . 199, by Charles Culpepper, Mayor of the City o Round Rock, Texas b CHRISTINE R. MARTINEZ tioory Stool rMComml¢lon Lp m:u3 -CO.07 THE STATE OF TEXAS COUNTY OF WILLIAMSON J� VIRGINIA M. MORENO < I • t `! ! Notary Rud;o. State of Texas I l \ J:, �/ k1, Camminito Expires Jan. 11. ,ABA 14. 0,11ALthiituR Notary Public, State of Texas Commission Expi es: Name Printed: Ul T /�lE /)lf3 Ti11EZ� l This i trument was acknowledg d before me on the day of o-&. , 199y Tim Timmerman, President of Round Rock Ranch, Ltd., a Texas Limited Partnership, on behalf of said corporation. V l.)\ 4 1 6 7 0- , t0.-.) Nota Public, State of Texas Commission Expires: Name Printed: II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1995. Alternative 2. READ and APPROVED on first reading this the 1 I day of _ T Y I O 1995. READ, APPROVED and ADOPTED on second reading this the (95 day of U Y I , 1995. ATTEST: 4Aryi aea/n6G E LAND, City Secretary CHARLES CUL R, Mayor City of Round Rock, Texas 15. March 17, 1994 EXHIBIT A ZONING 'TRACT DESCRIPTION FIELD NOTE DESCRIPTION OF THAT CERTAIN TRACT OR PARCEL CONTAINING 16.680 ACRES OF LAND OUT OF THE PRIOR A. HOLDER SURVEY, ABSTRACT NUMBER 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 16.680 ACRE TRACT BEING MORE FULLY DESCRIBED AS 13EING ALL OF THAT CERTAIN CALLED 4.892 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO ROUND ROCK RANCH J.V. LTD. OF RECORD IN VOLUME 2217, PAGE 672 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 36, BLOCK M, ROUND ROCK RANCH PHASE ONE SECTION ONE, A SUBDIVISION OF RECORD IN CABINET J, SLIDES 139 -141 OF THE WILLIAMSON COUNTY PLAT RECORDS, SAID 16.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the Nbrth Right -ot -way line of Gattis School Road said iron rod found being the southeast corner of Lot 13, Block "M ", Round Rock Ranch, Phase One, Section One, a Subdivision of record in Cabinet "J ", Slides 139 -142 of the Plat Records of Williamson County, Texas, same being the southwest corner of the said called 4.892 acre tract described in Volume 2217, Page 672 of the Williamson County, Texas Deed Records; THENCE N ° 07'17 "E a distance of 421.89 feet with the North Right - of -Way line of Gattis School Road as dedicated by the said Round Rock Ranch, Phase One, Section One Subdivision to an iron rod found for the southeast corner of the said called 4.892 acre tract, same being the southeast corner of the herein tract, same being on the West line of that certain 13.729 acre tract described in a deed to Custom Homes of Record in Volume 1084, Page 129 of the Williamson County Deed Records; THENCE NO ° 08'42 "W a distance of 508.68 feet: departing: said North Right -of -Way line of Gattis School Road and with the said West line of the 13.729 acre Custom Homes tract to an iron rod found for a northeast corner of the herein described tract at a point of curvature of a nontangent curve to the left, said iron rod being the most southerly point of Lot 49, Block "H" of the said Round Rock Ranch, Phase One, Section One Subdivision; THENCE with the southerly line of the said Round Rock Ranch, Phase One, Section One Subdivision, the following five (',l courses and distances Page 1 of 3 1). WiLh a curve to the left containing the following elements, a radius length of 508.48 feet, an arc length of 109.03 feet and whose chord bears N33 °46x46 "W for a distance of 108.82 feet to an iron rod found on the East Right -of -Way line of Round Rock Ranch Boulevard 2). S "34'27 "W for a distance of 76.27 feet with the terminus of the said Round Rock Ranch Boulevard to an iron rod found for the southeast corner of Lot 35, Block "M" of the said Round Rock Ranch, Phase One, Section One subdivision; 3). S50 "01'42 "w a distance of 158.60 feet to an iron rod found at a point: of intersection on the rear of Lot 34, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision; 4). S88 ° 08'59 "W for a distance of 173.63 feet to an iron rod found on the rear line of Lot 32, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision, same being the northeast corner of the aforesaid Lot 36 and the northwest corner of the said called 4.892 acre tract; 5). S88 °07'58 0E for a distance of 874.28 feet along the North line of the aforesaid Lot 36 to an iron rod found for the most northerly the herein described northeast corner of aproposed1.463acre amenities being out the the said Lot 36; THENCE upon and across the said Lot 36 with the east and south lines of the said amenities tract the following two (2) courses and distances 1). S ° 22'34 "W for a distance of 205.00 feet to an iron rod found; 2). N ° 40'16 "w for a distance of 280.00 feet to an iron rod found on the curving East Right -of -Way line of Round Rock Ranch Boulevard for the southwest corner of the proposed amenities tract and the most westerly northwest corner of the herein described tract; THENCE with a curve to the left containing the following elements, a radius length of 550.00 feet, an arc length of 99.14 feet, and whose chord bears S03 °18'05 "W for a distance of 99.01 feet to an iron rod found at a point of tangency on the said East Right -of -Way line of Round Rock Boulevard THENCE SO1 "51' 49 "li for a distance of 236.29 feet to an iron rod found at a point of curvature on the said East Right -of -Way line of Round Rock Boulevard Page 2 of 3 THENCE with a curve a radius length of whose chord bears rod found for a po i way line of Gattis THENCE N88 °08'31 "E North Right -of -Way BEGINNING; CONTAINING 16.680 ACRES OF LAND. to the left containing the following elements, 20.00 feet, an arc length of 31.38 feet and S ° 57'12 "E for a distance of 28.26 to an iron nt of tangency on the North Right -of- School Road; for a distance of 1196.85 feet along the said line of Gattis School Road to the POINT OF The undersigned does hereby certify that the foregoing description represents the results of a survey made on the ground in August of 1993 under my supervision according to law and that it is true and correct to the best of my knowledge and belief. Dennis E. Unde ood Registered Professional. Land Surveyor No. 4423 Page 3 of 3 EXHIBIT B THERE ARE NO LIENHOLDERS OF RECORD 69168 X60 CAMS SCHOOL ROAD (100' ROTE) / 15 1 : 16 ' 17 ' 16 I ROUND ROCK RANCH ' la s ' PHASE ONE SECTION ONE ' 22 —y BLOCK 'M' ' 12 1 11 25 ' ` i 1 19 ELOPMENT AREA I 10 26 DEVELOPMENT AREA II NOM. :0E CO,. LANDSCAPED ISLANDS 15 rail. •x9F9 5aaWA, COW 6 i - a• w�� 9p,ay. .42 ' 51 90 i ♦ E8, :OQI G FENCED GREENBELT ' EXTERIOR FENCING ux65CwE owl PRELIMINARY SITE PLAN / BLOCK 'L ji x9.aF5 6w .8 Z49 P8E & 0080440E EASEMENT W ROUND ROCK RANCH P.U.D. EXHIBIT D EMERGENCY FIRE ACCESS ONLY PATIO HOMES THE FENCE AT THE RE 1R OF THE UNIT CONNECTS TO AD • 1'G UNIT FOR GREENBELT q • Int • 40' MAXIMUM WIDTH FOR HOMES 5' SIDEYARD SETBACK - BOTH SIDES 50' MINIMUM WIDTH FOR LOTS I Q VIN C RNT GERA AND AS CUL' DE SAC DETAIL r ' I 8.5' lo co - 27' Pavement 28' Curb To Curb EMERGENCY FIRE ACCESS Landscaped Median 2 -3 OFFSTREET PARKING SPACES 25' Pavement Min. VINCENT E ARA AND ASSO S 102 Westlake Drive, Suite 100, Austin, Texas, 78746 EXHIBIT E ROUND ROCK RANCH P.U.D. VI NCENT GERARD AND ASSOCIATES 4 !n9 WAM1�4n n..._ — _ ROUND ROCK RANCH PUD 6'' PUE 3.5' ■ UTILITY ASSIGNMENTS PRIVATE STREETS Sidewalk j. PAVEMENT GAS ® WASTEWATERI ®® D • STORMSEWER 4' 1, I 5' 5' 410' f CABLE 28' CURB TO CURB 20' ,GREENBELT • ■- C PHONE EXHIBIT G 6' PUE ATE 0 a VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 EXHIBIT H iiiiiiiiiiiiillii _ . � . � ��iiiiiiiiiiiiiiiiiiliiiiiiiiiiiiiiiiliiiiiiiiiiiiiiiiiiliiiiiiiiiiiiiiiiii�� ,► ��� � :,- �_���'- .- fiiiiiiiiiiii�iii�i ROUND ROCK RANCH PUD 50' r • 50' GATTIS SCHOOL ROAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET BETWEEN SECTIONS 50' VMCI:4IT GERARD 4 G66OCIATl6 YNNO MANN= CONSULTANTS DS P.M NC .utn4 'SW UiPI +7.11-tw EXHIBIT I r f r TREES PLANTED @ 1 PER 50' OR EQUIVALENT "A" ry .SEATING. AREA STREET BACKYARD SCHEMATIC GREENBELT & GARDEN HOME LAYOUT VINCENT GERARD ASSOCIATES uno PUNNING colrsuuTmx,a /— nan.w. MO TM M,.n wnwxr rr MEANDERING PATHWAY (crushod or wnshoc granite) � FLQWER & ^ BI1RyB BED' GREENBELT • rS6 i1 4' MAX. HEIGHT NG GREENBELT 1 SIDE YARD 5' BOTH SIDES ROUND ROCK . RANCH PUD TYPICAL LANDSCAPED MEDIAN DETAIL PRIVATE STREETS 28' b h to Curb 40' EXHIBIT J YINCFNT GFRARD ANn ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 9 5 O -00' `)0 00' RZ4.0 .�tl.:lfULi!!f BocN : 9524866 Rec. $ 65.00 Date : 06 -19 -1995 Time : 12:57:59 P.N. Filed & Recorded in Official Records of BILLIONSIN County, TX. ELAINE BIZZELL COUNTY CLERK 'IRE STATE tit EXAG COUNTY OF WILLIAMSOA This Is to certify that this document ties FILED a:,d RECORDED In the Official Public Records of WYaneott County, Toms on the date and time swnPOd Owen 4 n COUNTY CLERK WIWAMSON COUNTY, TEXAE cikeu-b itokur4,exk r � 'r ADMINISTRATIVE AMENDMENT TO ROUND ROCK RANCH PUD # 13 I, Joe Vining, Director of Planning and Community Development for the City of Round Rock, Texas, hereby approve the following minor alterations to the Development Plan to the Round Rock Ranch PUD # 13. Section 4.8.1 of the Development Plan for Round Rock Ranch PUD # 13, which was created in Ordinance No. Z- 95- 05- 25 -13A, and passed by the Round Rock City Council on the llth day of May, 1995 and recorded in Volume 2553, Page 0863, Official Records, Williamson county, Texas, is hereby amended to read as follows: 4.8.1 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 5 foot sideyard setback, and be between 30 feet- 65 feet in depth. See Exhibit I attached. Section 4.8.6 of the Development Plan for Round Rock Ranch PUD # 13, which was created in Ordinance No. Z- 95- 05- 25 -13A, and passed by the Round Rock City Council on the llth day of May, 1995 and recorded in Volume 2553, Page 0863, Official Records, Williamson county, Texas, is hereby amended to read as follows: 4.8.6 All patios will be connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and setback depth. Said amendment is allowed pursuant to Section 12 of the Development Plan for Round Rock Ranch PUD # 13. C: \TPYl98PUDS \NUNCd.im/... VINING RECTOR OF P' NNING ITY OF ROUND ROCK, TEXAS 0 STATE OF ES COUNTY OF nll!Jiirar YI ACKNOWLEDGMENT This instrument was acknowledged before me on A461/57 07�� 4 by Joe Vining, Director of Planning and Community Development for the City of Round Rock, Texas. AFTER RECORDING RETURN TO: 0 ,1o,aeote) Notary Public, State of Printed Name: Ctiki5174/6 . /Y/•4,emt/ My Commission Expires: Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 EXHIBIT I ( A ' i '.. . J 1 • i .3-'• i.,, -:,. 1.: , , • 9 .;,! . ..,:::4-' r..., - •44,, r 'ti... ' ' ''.• ' :" ze ki...4.•:4; - .., , - . , • • -.. , ..., , 4 ' r• • ' ' . ' '''''' NFL9fAER & BED ...., , ..?, ' ,...".• -SEATING AREA t- GREENBELT .. 1 . e Ct.4..\ . V‘\ '- . :V.; ',..,...; S.' .' _ TREES PLANTED @ 1 PER 50' OR EQUIVALENT STREET VINCENT GERARD ASSOCIATES r eteddAdd ed. Tem el.. AMIN, was &Alb 14.4.1011: f.MNSLILTANTS als-24113 BACKYARD SCHEMATIC GREENBELT & GARDEN HOME LAYOUT - MEANDERING PATHWAY (roished Of washed graidic) • 4 MAX. HEIGHT NG GREENBELT SIDE YARD 5' 1 BOTH SIDES May 17, 1995 RECEIVED ?ow 2 2 +995 Joseph Vining, AICP, Director Planning and Community Development The City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Mr. Vining, ROUND ROCK RANCH HOMEOWNERS ASSOCIATION 1301 CAPITAL OF TEXAS HWY. SUITE A -306 AUSTIN, TX 78746 PHONE (512) 328 -8211 FAX (512) 328 -0149 1' 1 N C At the City Council meeting of Thursday, May 11, the Round Rock Ranch Homeowners Association (RRRHOA) was asked to try and reach agreement with the developers of the PUD adjacent to RRR Section I on several issues. In that regard I am writing to detail our agreement. I have copied the developer and his representatives and suggest that, in the event they disagree with the terms of this letter, we visit by phone. 1. The developer has agreed to continue the use of a mixture of wood and woodcrete as detailed on Exhibit H attached hereto, which was obtained from the previous PUD agreement of April 21, 1994. This combination of wood and woodcrete fence as detailed on Exhibit H would include shrubs as necessary to screen the wooden portion of the fence. Metal or steel posts will be used to increase strength and durability of the wooden portion of the fence. The fence sections will alternate in 50 foot patterns of woodcrete and then wood. Additionally, the wood portions of the fence will be set back 5 feet. I have attached a site plan as Exhibit I designating the areas where the fencing process described in this paragraph shall be used. Since the developer intends to utilize automatic security gates, the entire property must be enclosed within the fence described above. New fencing will be required except adjacent to the current Round Rock Ranch, Phase I, Section I, where existing fencing has been erected. 2. The developer has agreed to preserve a landscape easement in the area highlighted in blue on Exhibit J. This was difficult to note from the small scale site plan. This easement is necessary to preserve the landscaping and integrity of the entryway. In a phone conversation with Vincent Huebinger, the developer representative, he stated that the landscape easement would be only seven feet. This would mean we have less landscape area at the entry to Round Rock Ranch than at any other area along Round Rock Ranch Blvd. We , Please let me know if I can be of any additional assistance. If you need to reach me you may do so at 328 -8211. Sincerely, request a 15' landscape easement. Lance R. Hughes President, Round Rock Ranch Homeowners Association cc: Hugh Bender, AICP, Principal Planner, Planning and Community Development Charles Culpepper, Mayor, City of Round Rock James Dunham, Chairman, P & Z Commission Robert R. Belanger, Secretary, P & Z Commission Tim Timmerman Vincent Huebinger, LPEC, Vincent Gerard & Associates Board of Directors, Round Rock Ranch Homeowners Association ROUND ROCK RANCH PUD EXHIBIT H WOODCRETE FENCING MATERIAL WOOD /WOODCRETE WQODCREI`E HORIZONTAL SLAT TYPE WITH TRELLIS WORK — _,L-_ 50' • GATTIS. SCHOOL RQAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET FROM FRONT TO BACK BETWEEN SECTIONS VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Sulte 100, Austin, Texas, 78746 16 66.7AT E 10604 2 .' / / PART AREA A- -, LOT :C' / y-. I OR*&80E r.4SEUENT ♦ NEIGHBORHOOD BCx .vIT N 16' LANDSCAPE ESNT - - - GATTIS SCHOOL ROAD (150' ROW) / \\ 15 I 16 17 Ii 18 I 19 - `- ROUND R RANCH 14 PHASE ONE SECTION ONE --` BLOCK 'M' \ _1, 82 11 - 2g DE ELQPMENT AREA 2 1 'DEVELOPMENT AREA 11 \\ 3 2 HICKORY OGE COVE 4 5 15' P.U.E 6 , 7 N 8808'3 � J196.05 WINCHES ER DRIVE .. • `T8F 'C6 I I I I q6 47 . a8 x6 43 \ ¢4 45 • r o� _ T •I'' 33 1111111 07 96: GREENBELT ORA 6 I 9 I ' IN \ 1 I ca . ,1 32 i!ill‘ 'ap __ `�v.c 11`_1 I _ . 'I c, i , -• 7,- J25:'BOTR90Ct1. `49 7 9V!, uA� BmAISI 61 1 T 5 53 K m • I 1 „k 2 I I � _ vo r b '\\ LC \ 97 11 17 ' I` 4 1 5 /` �`-- S b - - '4a 13 24 30 ■ \ \ 2 21, 1 - 17 18 STORY SE k P.U.E� L T 96 ., 6 J.- I _ - 75 2 \ 35 c \ I 1 1 1 I I I 41 11 34 22 ' 3 1. I 41 I 32_ -f .1 \ . 1 / T` /' iS SBVB•59• 51 173 63' -94 / -92 91 Ind T 96: GREENBELT. DRAINAa . STORN SEWER NI P, ■ 70 / 69 \ 'II 74 ./ 73 \\ I I _ 6 f 66tg°9 WE _ .— — 8 g - — — — iStC— \; 54 / ' 55 56 ' \ 57 — _- 513 59 -4 90 'kg 8- rir 8! 1 - '1 88 1 1168 67 _ 1 . 7 -_ Be c 1 1 I � ; 66j I _ 84 I I J 6 3 4 PIM 8 • s BI;o SB u.zB' . 27 / /// 28 1 29 % GUEST PARKING AMBER SKYWAY COVE �� Q6 S 19 s 51 so 1 86A 1 J I ` T . r '1‘ 1 A /37 ∎ LOT 98 8 J. 1 65 q 7? 1 T' 9.E 5 8 77? LANDSCAPE28SNT 1 I 65 11 owe — 6 rt _ -8 48 5 I I L— Io000• +I I LANDSCAPE ESNT LI +- AN '-/ BLOCK 'L S CHOOL ROAD _ LANDSCAPED ISLANDS FENCED GREENBELT EXTERIOR FENCING 49 27 P lE k 02/88/8/32 EASEMENT c 211 m0 u.E X ° Si - • 1 •• N : , 1 X 46 47 .48 \ n} \ 44 45 T 99 • 6X1.099jj . 33 4 OT 96: CRE ENBELT1 Oa . si 1 49 ' 18,6 5 _ 9 \ 42 LOT 99 1 5,- � -_ 13 ...• _ _ ' 1 –' 11 y5 24 , 16 `1. • 0- lemAr / ^ / 2 AMENFFY .N ts AREA / PART OF 7 , - • LO' AC . - DPaNACE EASSEuENT \ �v NEIGHBORHOOD BCx ,.411 N 7 ' 82 , IOT I P 6 `\ OT 6. 6 I I I, ,I V — LANDSCAPE ESNA GATTIS SCHOOL ROAD (100' ROW) V1INCXESTER DRIVE \ 15 16 17 7 8 I 19 – ROUND ROCK RANCH - 14 • PHASE ONE SECTION ONE BLOCK 'M' - - _ 9 2 ` -( 1 2 / 11 \ 25 _ DEVELOPMENT AREA 1 DEVELOPMENT AREA 11 ' 26 ----- - - - -- A'4808 SKYWAY cove HICKORY 4 080 COVE I t \ 9 I 5 p 6 1 7 1 \ \\ \ \ I ` 8 \ \ 1I g9 rSB ` \ • '484.29 18' P 9905'3 " E\ 96.85' 888RY SERF - 6 8.8.0 27 / ' I 1 4 26 I 29 GUEST, PARKING 2. LbT 95' 5 ' >6 0 FENCED GREENBELT 1 ' k I — 4 I 75 76 73 � 9t 6 B6 ARSa 1 96 GREENBELT. 588888• STORN W./ER !I P cte 6 \ � 5, ) 17 E S 5p " N- 4' 1 1 ■ 8'I 661 1�; 1 r ,. Q.„ 1 I 85 11 1 r iRIiR LANDSCAPE 1 ` .0T 99 5825 LANDSC LANDSCAPED ISLANDS BLOCK 'L ' GL d r 'LSD �� r • ' I 54 Ii 55 56 5,7 56 59 v. I-15' h.U.E 1514. 61 62 61 b F . –4 48 • 4.9 ' \ i 42' 80' P.E & 094182.20 545_)409? r Btror1T E t / 1 100'00' 421.89' I A® Q / c P i� G 5 SCHOOL ROAD / LANDSCAPE E581 EXTERIOR FENCING 1 ' TEXAS: KS /ORDINANCE OR50511G.3 ORDINANCE NO. Z 95-05-6)5-13A AN ORDINANCE ADOPTING THE FIRST AMENDED DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT NO. 13, WHICH WAS CREATED IN ORDINANCE NO. Z- 94- 06- 09 -8B; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, I. That the Development Plan attached as Exhibit "B" to Ordinance No. Z- 94- 06- 09 -8B, which created the Planned Unit Development No. 13, is hereby amended by adopting the First Amended Development Plan for Planned Unit Development No. 13, which shall read as follows: FIRST AMENDED DEVELOPMENT PLAN FOR PUD. NO. 13 This Agreement ( "Development Plan ") made the day of , 19 G5 , between the City of Round Rock, Texas, having i s offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City ") and Round Rock Ranch Ltd., its successors and assigns, who address for purposes hereof is (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Round Rock Ranch Ltd., its successors and assigns; provided, however, upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Round Rock Ranch Ltd. as to such property shall be assigned by the new owner, and Round Rock Ranch Ltd. shall have no further liability relating to such property. WHEREAS Developer has requested a Planned Unit Development from the City for the development of 16.68 acres of land for a Single family small lot garden home development on a tract of land located within the corporate limits of the City and particularly described by metes and bounds in Exhibit "A" attached hereto and made part hereof (Hereinafter called "the Land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316 (8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ( "Development Plan ") to the City containing terms and conditions for the use and development of the Land; and, WHEREAS the Development Plan forms the concept plan for this land, the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on April 21, 1994; and WHEREAS the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Developer covenant and agree as follows: 1 LIEN HOLDER CONSENT The lienholder of record has consented to this agreement and any dedications agreed to herein. The lienholder consent is attached hereto as EXHIBIT "B" and incorporated herein. 2. DEVELOPMENT AND LAND USE The 16.68 acres shall be divided into two separate tracts designated as Development Area 1 and Development Area 2. The Development Areas 1 and 2 shall be referred to collectively as " The Land ", which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. A portion of the Land will be dedicated to the public as right of way for Round Rock Ranch Boulevard at the time of final plat. Development Areas 1 and 2 may be developed simultaneously or one may be developed before the other. Additionally, each Development Area may itself be developed in phases. 2.1 Development Area 1 Development Area 1, consisting of 8.59 acres shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 1 shall consist of a maximum of 53 dwelling units, as well as parking, greenbelts, recreational amenities, and other accessory uses. 2. 2.2 Development Area 2 Development Area 2, consisting of 7.73 acres and 0.36 acre portion to be dedicated to the public as right of way, shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 2 shall consist of a maximum of 42 units, as well as parking, greenbelts, recreational amenities and other accessory uses. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed 6.0 units per acre, totaling a maximum of 95 total units for Development Areas 1 and 2. The minimum lot size shall be 3500 square feet. 4. ALTERNATIVE DEVELOPMENT 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum building setback requirement along Gattis School Road and Round Rock Ranch Boulevard right of way shall be 25 feet, and no single family lot shall have direct access to Gattis School Road or Round Rock Ranch Boulevard. 4.1.2 The Round Rock Ranch amenity, shown as the 1.463 acre tract on Exhibit "C", is not located within this Planned Unit Development and is not part of this PUD. This amenity, however, will be available for use to the entire Round Rock Ranch Development, including the homeowners located within this Planned Unit Development. 4.2 Setbacks 4.2.1. Except as stated elsewhere in this agreement, minimum setbacks shall be 15 feet from the street curb to the front of a unit. 4.2.2. Each unit shall be a minimum of 10 feet apart. No common wall development is allowed under this agreement. 4.2.3. All lots along the perimeter of Development Areas 1 and 2 shall maintain a 20 foot setback from the northern property line of Development Areas 1 and 2 and a 25 foot building setback from all perimeter roadways. 3. 4.3 Greenbelts 4.3.1. The greenbelt as depicted in Exhibit "C ", shall be a common area owned, maintained and controlled by the Homeowners Association. The greenbelt will consist of one lot designated as common area which shall include public utility easements, drainage easements, and fence, landscape and greenbelt easements. The lot depths and the rear lot line and easement placement will be established at time of platting, and subject to and approved by the Director of Planning. The owner will be responsible for landscaping the greenbelt. Exhibit "I ", attached hereto and incorporated herein, shows general depiction of the greenbelt layout. 4.3.2. Since some, but not all, lots will abut the greenbelt, the minimum width of the greenbelt shall be 20 feet, and each lot owner in Development Areas 1 and 2 will have access to all of the greenbelt. The 1.463 acre tract described in Section 4.1.2 above , to be used as an amenity for the entire Development, will be connected to the greenbelt. 4.3.3. The internal fencing of the greenbelt will be a wood, masonry and /or steel type not to exceed 4' in height to maintain a feeling of openness. No chain link or fencing will be allowed along the greenbelt areas. See Exhibit I. 4.3.4. An open space area approximately 45 to 125 feet wide containing drainage and greenbelt shall be located between Development Areas 1 and 2. Passive recreational activities such as playscape, picnic areas, benches and /or gazebos may be located within this area. 4.4 Sidewalks and Pathways In lieu of constructing sidewalks along Gattis School Road, the developer will provide additional landscaping and fencing along the perimeter boundary street. The City of Round Rock will construct sidewalks after the roadway expansion is completed. A three foot sidewalk shall be located on the side of the street where all perimeter lots are located. No sidewalks are required on internal lots which abut the greenbelt or on the east side of the cul -de -sac located opposite the amenity center. (See exhibit "C" for sidewalk locations). Numerous pedestrian walkways shall be located in and along the greenbelt. Since the emphasis of this PUD concept is internal, pedestrian activity will be directed away from front yards and the streets and placed in the landscaped areas of the greenbelt. These walkways will be constructed of 4. crushed, washed or decomposed granite or crushed brick placed on a compacted sub - grade. The benched areas will be located in the center greenbelt along the common area between Development Areas 1 and 2, as described in Section 4.3.4, above. 4.5 Fencing The perimeter fence treatment shall be a combination of wood, woodcrete or masonry with iron and steel. The owner reserves the right to combine the woodcrete with some combination of wood in the perimeter fence, subject to review and approval by the Director of Planning. If this option of Wood /Woodcrete is constructed, metal or steel posts will be used for increased strength and durability. The perimeter fence will be approximately 6 feet tall and provide security for the home owners. The internal fences will be made of aluminum, iron, masonary, wood or steel. The entire greenbelt will be fenced in between the units, with the rear yard or courtyard of the unit being located along the lot line of the greenbelt. Chain link fences will not be allowed. "See Exhibit "H & I" attached. 4.6 Screening The screening of the property along Gattis School Road and Round Rock Ranch Boulevard shall be comprised of a six foot wood, woodcrete and masonry steel or wrought iron fence, ten large shrubs per 50 foot offset fencing section and one, 1 -1/2" caliper tree for each lot which abuts along Gattis School Road and Round Rock Ranch Boulevard. "See Exhibit "H" attached." The interior greenbelt shall have one 1 34 inch caliper tree to be planted at a minimum of 50 foot intervals. (See exhibit I.) 4.7 Single Family Lots The minimum width of any single family lot shall be 50 feet. The minimum depth of any single family lot shall be 65 feet. The minimum single family lot shall be 3500 square feet. The typical lot size will be 50 feet x 100 feet. The typical greenbelt size will be 20 feet. See Exhibit "D" attached. 4.8 Buildings 4.8.1 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 5 foot sideyard setback, and be between 45 feet - 65 feet in depth. See Exhibit "I" attached. 4.8.2 The front and rear facade will be constructed of 1006 masonry materials, excluding gables, doors, vents, recessed second story walls, and trim. 5. 5.1 Streets 4.8.4 Garages All other portions of the building exterior will be constructed of at least 70% masonry materials. No 4 foot x 8 foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4.8.3 Front entries with porches /patios constructed of wood trim will be acceptable. All buildings shall include two -car garages facing directly on the street. These garages are to be set back a minimum of 22 feet and a maximum of 25 feet from the curb. Driveways will maintain a minimum 18 feet in width to adequately accommodate 2 guest parking spaces. No garages shall be converted into bedrooms, studies, dens or any living areas for occupants with the exception of model homes. Any garage conversions in model homes shall be restored to the intended use as a garage prior to occupancy as a single family residence. 4.8.5 Roofing Materials 4.8.6 Patios 5. STREETS & OFF STREET PARKING Roofing Materials will be limited to 300 lbs. /30 year high quality composite laminated raised profile shingle, tile, Timberline style or Hardiplank style materials. No wood or non - Timberline style, composite shingles will be allowed. Roof pitch shall be encouraged by the deed restrictions and the architectural control committee to be at slight grades from the garage to the second story unit. All patios will be structurally connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and the setback depth. The internal streets will be private and maintained by the Homeowners Association. The width of the local internal street will be 27 feet of pavement, 28 feet curb to curb. The entry streets are detailed in Exhibit "F" attached. 6. Entry streets will have security gates for restricted access. The roadway following the divided entry street in Development Area 1 shall be designed as a 30 foot paved section, 31 feet curb to curb. Each dead end street will be terminated by a cul -de -sac turnaround with a 30 foot turning radius. The Homeowners Association will be required to finance all repairs and standard maintenance of the streets after the two year contractors warranty bond expires. Funding shall be provided by a monthly assessment established as a sinking fund for street maintenance. See Exhibit "E" attached. 5 2 Off Street Parking Two to four off- street visitor parking lots will be located in each cul -de -sac. There will be a total of twelve (12) off - street parking facilities for the entire development. Parking along the internal roadways will be limited to one side of the street only and set forth in deed restrictions of the subdivision. Small signs shall notify visitors and guest of the parking arrangements and restrictions at the entries and median locations. No recreational vehicles, boats or trailers will be allowed to be parked in any street or driveway within the entire development. The 12 off street parking facilities will be reserved specifically for guests only. Boats, trailers or recreational vehicles may not occupy any of these visitor parking spaces. See Exhibit "E" attached 5.3 Entry Roadway Both entry roadways for Development Areas 1 and 2 will be designed with divided landscape medians, 30 foot turnarounds, side drive mailbox kiosks and stamped concrete. Any other additional entry structures must be approved by the city attorney, Director of Public Works, the Director of Planning, and continued in an approved licensing agreement. See Exhibit "F" attached. 5.4 Security Gates Security gates will be installed at each entry. Property owners will be provided with an electronic gate opener (similar to a garage door opener) and an alternative code number for entrance in case the electronic opener malfunctions. At the entry next to the mailbox kiosk will be a call box with residence listing. This will provide visitors access to the PUD. The gate code will be given to all utility, emergency and post office officials for access into the PUD. For specific emergency and fire situations, construction of the gate will be designed to allow "crash" entry. See Exhibit "F" attached. 7. 5.5 Landscaped Medians Landscaped medians located along local cul -de -sacs will be no wider than 6 feet and approximately 12 -18 feet long. Road pavement sections along both sides of the median will be 14 feet wide for acceptable reverse sight distances. Landscaping materials and berms in the median shall maintain a low level height of approximately 4 foot for visibility. 5.6 Refusal of City to Accept Street and Utilities Owner hereby acknowledges and agrees that since the streets and utilities provide herein area are not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any of said streets and utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 6. UNDERGROUND ELECTRIC AND UTILITY LINES 6.1 Except where approved in writing by the Director of Public Works all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. No rooftop antennas will be allowed in the entire PUD. 6.2 Public Utility Easements All water, wastewater, gas and stormsewer lines will be located inside the 26 or 30 foot pavement section, unless otherwise approved by the Director of Public Works. Electric, telephone, cable line and transformers will be located in the greenbelts at all possible places. The greenbelts shall be designated P.U.E.'s with electric, phone, cable and transformers located within these areas. Each utility has been designated a standard assignment as shown in exhibit "G" attached. 6.3 Maintenance by the Homeowners Association Water and Wastewater line within the Land shall be private lines which will be maintained by the Homeowners Association. A master meter or meters shall be used to deliver city water in bulk to the Land. 6.4 Refusal of City to Accept Utilities Owner hereby acknowledges and agrees that since the utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any utilities 8. for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 7. EMERGENCY FIRE ACCESS Emergency fire access will be provided by an all weather aggregate, decomposed granite or crushed brick driveway connecting both cul -de -sacs between Development Area 1 and 2 for through access for emergency vehicles. This drive will be 18 -20 feet in width and will cross the greenbelt and drainage channel for direct access through the entire PUD. The City of Round Rock Fire Department will review and approve construction plans for this driveway 8. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for Development Areas 1 and 2. These Restrictions shall specifically provide for the following: 8.1 Vehicle Parking To the extent reasonably practical, the property owner shall, limit, or prohibit the use of any parking on one side of the local internal streets. Boats trailers, buses and recreational vehicles shall not be allowed to park on any street, driveway or guest parking space. Vehicle parking restrictions will be policed by the Homeowners Association's authorized representative or the declarant. 8.2 General Signage Standards All entry monumentation visible from Gattis School Road shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a Signage is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made with the five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged to the signed owner. Prohibited signs include permanent bench signs; billboards; signs with flashing or blinking lights or mechanical movement; dayglo colors signs that make or create noise; animated or moving signs; exposed neon illumination; painted wall signs; pennants; trailer signs; signs with beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials for the design shall be made of natural stone or masonry with a height limit equal to that of the 6 foot fence. The Homeowners Association will own and maintain all entry signs associated with the PUD. 9. 8.3 Homeowners Association A Homeowners Association will be established at the time of final platting. The Association documents will be submitted for review and approval by the Director of Planning and City Attorney at the final plat stage. The mechanism for funding and collection of fees for the Association will be detailed to the satisfaction of the Director of Planning and the City Attorney prior to the final plat approval or recordation. The Association will maintain all areas within the Development Area except private lots. The declarant "Owner" shall maintain control of the Homeowners Association until 75% of the building sites are sold. Once home - building commences the declarant shall have the voting approval ratio of 5 to 1 over individual lot buyers. Upon 75% of the homesite sold, the declarant shall concede total control to the Homeowners Association. 8.4 Architectural Controls 8.4.1 Roofing materials shall be constructed of 300 lbs. high quality laminated raised profile composite shingle, tile, Timberline style or Hardiplank materials. Front and rear facade shall be a minimum 100% masonry. The remainder of the house shall be at least 70% masonry or a stucco type material. Composite roof materials will not be allowed with the exception of 8.4.1. No 4 foot x 8 foot cedar wood panels shall be used for siding. Only washboard style or other quality wood materials shall be used. An architectural control committee shall be established at the final plat stage. The "declarant" owner shall be in charge of the architectural standards and reviewing plans for the PUD until 75% of the homesites are sold. Upon 75% of the homesites sold, the declarant shall hand over total control to the Homeowners Association, of which will elect a three person board for review. This process will be given more detail within the deeds and restrictive covenants at the final plat stage. 8.4.2 This project will be designed and constructed in 2 development areas. Each development area may produce a distinct or different architectural type to identify itself. However, for consistency in product and overall protection of home values, there will be a standard (1 or 2) theme color for the houses, standard design, (i.e.: roof pitch, roof materials) and concept, (i.e.: sideyard entries) for the entire PUD. There may be 4 -6 variations of this design standard, such as 4 different floor plans, but the concept and the 10. building type will remain consistent throughout the entire development. 8.5 The Homeowners Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to enforce any provisions of this agreement, it is not the intent of this agreement for the City to assume any responsibilities normally reserved to a Homeowners Association. 9. APPLICABILITY OF CITY ORDINANCES 9.1 Zoning and Subdivision The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 9.2 All other Ordinances All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 10. DESIGNATED CONCEPT PLAN This entire PUD ordinance constitutes the Concept Plan for Development Areas "1" and "2" required by the City Subdivision Ordinance. Such concept plan is hereby approved by the City. 11. COMPATIBILITY This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 12. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council. any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his own discretion, determine what constitutes a substantial change. 11. 13. DEFINITIONS Definitions shall be defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 14. EXHIBITS Exhibits "A" through "S" attached are part of this Agreement and incorporated herein. 15. ENTIRE AGREEMENT AND MODIFICATIONS This Agreement, the Development Agreement, and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither the Agreement nor any provision hereof may be waived, modified, amended, discharge, or terminated except by an instrument in writing signed by the City or its designated representative, as set forth herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. 16. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 17. CAPTIONS The captions in this Agreement are inserted for convenience of reference only and in no way define, describe, or limit the scope or intent of this Agreement or any of the provisions hereof. 18. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully serverable and shall not invalidate this Agreement. In such an event, such illegal, invalid, or unenforceable provision shall be replaced with a provision which as nearly as possible fulfills the intent of the severed provision, but is not illegal, invalid, or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 12. 19. GENDER OF WORDS 20. BINDING EFFECT 21. STATUS OF PARTIES' RELATIONSHIP 22. COUNTERPART EXECUTION 23. AUTHORITY ATTEST: Words of any gender shall include the other gender where appropriate. The Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. DATE: nom, S, J gq5 DATE : ( 4- � I S, 13. CITY OF, ROUND ROCK, TEXAS BY Round Rock Ranch, Ltd. a Texas it -d Partnership BY: Charles .epper, Mayor Ti'I immerman, President THE STATE OF TEXAS COUNTY OF WILLIAMSON 8 day of AXLE./ . 199,by Charles Culpepper, Mayor of the City Round Rock, Texas This is 0 trument was acknowledged before me on the % CHRISTINE R.MARTINEZ NoOryPUb10,Sffiof Toes Ny canmtssbn Fides 12.05 -07 THE STATE OF TEXAS COUNTY OF WILLIAMSON 14. this ordinance on two separate days was dispensed with. Notary Public, State of Texas Commission Expix e Name Printed: C:H2LSiWE L' i» epAJS2. This i trument was acknowledg d before me on the day of , 199 y Tim Timmerman, President of Round Rock Ranch, Ltd., a Texas Limited Partnership, on behalf of said corporation. V I,u-J U ` \ 6)\_ ( 0 1 -4.k..0 Nota Public, State of Texas Commission Expires: Name Printed: II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading READ, PASSED, and ADOPTED on first reading this day of , 1995. Alternative 2. READ and APPROVED on first reading this the 1 1 day of `YY) ATTEST: OIL.) day of READ, APPROVED NE LAND, City Secretary 1995. and ADOPTED on second reading this the , 1995. l / CHARLES CULVER, Mayor City of Round Rock, Texas 15. March 17, 1994 EXHIBIT A Page 1 of 3 DESCRIPTION ZONING TRACT FIELD NOTE DESCRIPTION OF THAT CERTAIN TRACT OR PARCEL CONTAINING 16.680 ACRES OF LAND OUT OF THE PRIOR A. HOLDER SURVEY, ABSTRACT NUMBER 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAIL) 16.680 ACRE TRACT BEING MORE FULLY DESCRIBED AS BEING ALL OF THAT CERTAIN CALLED 4.892 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO ROUND ROCK RANCH J.V. LTD. OF RECORD IN VOLUME 2217, PAGE 672 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 36, BLOCK M, ROUND ROCK RANCH PHASE ONE SECTION ONE A SUBDIVISION OF RECORD IN CABINET J, SLIDES 1 39 -141 OF THE WILLIAMSON COUNTY PLAT RECORDS, SAID 16.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the Nbrth Right -of -way line of Gattis School Road said iron rod found being the southeast corner of Lot 13, Block "M ", Round Rock Ranch, Phase One, Section One, a Subdivision of record in Cabinet "J ", Slides 139 -142 of the Plat Records of Williamson County, Texas, same being the southwest corner of the said called 4.892 acre tract described in Volume 2217, Page 672 of the Williamson County, Texas Deed Records; THENCE N ° 07'17 "E a distance of 421.89 feet with the North Right - of -Way line of Gattis School Road as dedicated by the said Round Rock Ranch, Phase One, Section One Subdivision to an iron rod found for the southeast corner of the said called 4.892 acre tract, same being the southeast corner of the herein tract, same being on the West line of that certain 13.729 acre tract described in a deed to Custom Homes of Record in Volume 1084, Page 129 of the Williamson County Deed Records; THENCE NO ° 08'42 "W a distance of 508.68 feet departing said North Right -of -Way line of Gattis School Road and with the said West line of the 13.729 acre Custom Homes tract to an iron rod found for a northeast corner of the herein described tract at a point of curvature of a nontangent curve to the left, said iron rod being the most southerly point of Lot 49, Block "H" of the said Round Rock Ranch, Phase One, Section One Subdivision; THENCE with the Southerly line of the said Round Rock kr,i,ch Phase One, Section One Subdivision, the following five (,l courses and distances; 1)- WiLh a curve to the left containing Lhe following elements, a radius length of 508.48 feet, an arc length of 109.03 feet and who chord bears N33 °4646 "W for a distance of 108.82 feet to an iron rod found on the East Right -of -Way line of Round Rock Ranch Boulevard 2). S ° 34'27 "W for a distance of 76.27 feet with the terminus of the said Round Rock Ranch Boulevard to an iron rod found for the southeast corner of Lot 35, Block "M" of the said Round Rock Ranch, Phase One, Section One subdivision; 3). 550 °01'42 "w a distance of 158.60 feet to an iron rod found at a point of intersection on the rear of Lot 34, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision; 4). S ° 08'59 "W for a distance of 173.63 feet to an iron rod found on the rear line of Lot 32, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision, same being the northeast corner of the aforesaid Lot 36 and the northwest corner of the said called 4.892 acre tract; 5). S ° 07'58 "E for a distance of 874.28 feet along the North line of the aforesaid Lot 36 to an iron rod found for the most northerly northwest corner of the herein described tract, same being the northeast corner of a proposed 1.463 acre amenities tract out of the said Lot 36; THENCE upon and across the said Lot 36 with the east and south lines of the said amenities tract the following two (2) courses and distances 1). S ° 22'34 "W for a distance of 205.00 feet to an iron rod found; 2). N ° 40 . 16 "w for a distance of 280.00 feet to an iron rod found on the curving East Right -of -Way line of Round Rock Ranch Boulevard for the southwest corner of the proposed amenities tract and the most westerly northwest corner of the herein described tract; THENCE with a curve to the left containing the following elements, a radius length of 550.00 feet, an arc length of 99.14 feet, and whose chord bears S03 °18'05 "W for a distance of 9 9.01 feet to an iron rod found at a point of tangency on the said East Right -of -Way line of Round Rock Boulevard; THENCE 50 1 "51'49 "E for a distance of 236 -29 feet to an iron rod found at a point of curvature on the said East Right -of -Way line of Round Rock Boulevard Page 2 of 3 THENCE with a curve to the left containing the following elements, a radius length of 20.00 feet, an arc length of 31.38 feet and whose chord bears 89 6 ° 57'12 "E for a distance of 28.26 to an iron rod found for a point of tangency on the North Right -of- Way line of Gattis School Road; THENCE N ° 08'31 "E for a distance of 1196.85 feet along the said North Right -of -Way line of Gattis School Road to the POINT OF BEGINNING; CONTAINING 16.680 ACRES OF LAND. The undersigned does hereby certify that the foregoing description represents the results of a survey made on the ground in August of 1993 under my supervision according to law and that it is true and correct to the best of my knowledge and belief. • Dennis E. Unde ood Registered Professional Land Surveyor No. 4423 Page 3 of 3 EXHIBIT B 11IERE ARE NO LIENHOLDERS OF RECORD / / ^ i 2 1 DE \ �` ". j AMENFIYN ' i AREA ,c" PART OF DAS PLAT LOT 100 se' wDE / ORAWAOE EASEMENT r C8 .BORN000 805 UNIT ,. 1ICNOfV 15' P.O._ N 69"06 \ •\ .1196.85 PRELIMINARY SITE PLAN LANDSC / BLOCK 'L WINCHESTER DRIVE , I 15 ; 16 17 ; 18 I 19 I • ROUND ROCK HANCI ' PHASE ONE SECTION T ---/' 12 BLOCK 'M' 2 25 DEVELOPMENT AREA 1 0 1 '( - 709 LOVE T \ a 7 , \ ' 8 5 7 88059` u19' DEVI 26 27 i ' ' 28 GUE LOT 6 a 6 LANDSCAPED ISLANDS FENCED GREENBEI ROUND ROCK RANCH P.U.D. -- -- - EMERGENCY FIRE ACCESS ONLY PATIO HOMES THE FENCE AT THE RE aR OF THE UNIT CONNECTS TO AD •. . 1 VG UNIT FOR GREENBELT 40' MAXIMUM WIDTH FOR a EXHIBIT D 5' SIDEYARD SETBACK - BOTH SIDES WIDTH FOR LOTS VINCENT GERARD AND ASSOCIATES J CUL; DE SAC DETAIL 8.5' 27' Pavement 28' Curb To Curb EMERGENCY FIRE ACCESS Landscaped Median -- 25' Pavement Min. 2 -3 OFF STREET PARKING SPACES EXHIBIT E ROUND ROCK RANCH P.U.D. VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100. Austin. Texas, 78746 VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100. Austin, Texas. 7a7aa ROUND ROCK RANCH PUD PUE UTILITY ASSIGNMENTS PRIVATE STREETS 28' CURB TO CURB 3.5' Sidewalk PAVEMENT i I GAS ® WASTEWATER ® I A STORMSEWER 5' I 5' i 410' 20' ,GREENBELT c GREENBELT • 1. CABLE o C PHONE EXHIBIT G 6' PUE �u /,Kp1�dn WATE 0 VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 EXHIBIT H ..�� 4111 1IIIIII111111�1111111111111��11111 II - �!�'� ROUND ROCK RANCH PUD 50' 50' GATTIS SCHOOL ROAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET BETWEEN SECTIONS 50' vINDpNT 6eR.LRD 4 OGEOGI.f rim LAND PLANNING CONSULTANTS 1nW (I�1 o.(n( Jo EXHIBIT I TREES PLANTED @ 1 PER 50' OR EQUIVALENT STREET VINCENT GERARD 1 ASSOCIATES LAND NANNING CONSULTANTS 102 11141.111. 011. 100. 405101, ILMAS (512) 390 -NM MEANDERING PATHWAY (crushed or washed grrinitC) SCHEMATIC GREENBELT & GARDEN HOME LAYOUT 4 MAX. HEIGHT NG GREENBELT SIDE YARD 5' BOTH SIDES rti 103COIDEBBMIBIOBINDiFIC Allorpartsalthetextontlilipageiressier clesettlegibleforstIdadagrecordedon: Si • Ifi .iitii ROUND ROCK RANCH PUD TYPICAL LANDSCAPED MEDIAN DETAIL PRIVATE STREETS 40' 28' Curb to Curb EXHIBIT J 4' 6' UE c... , 824.0 7' . 4a VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Sufte 100, Austin, Texas, 78746 DATE: May 23,1995 SUBJECT: City Council Meeting, May 25, 1995 The developer was instructed to work out the differences with the Homeowners Association. The attached letter indicates their progress. ITEM: 13.A. Consider an ordinance to amend Planned Unit Development (PUD) No. 13. (Round Rock Ranch PUD) (Second Reading) Staff Resource Person: Joe Vining On April 19, 1995 the Planning and Zoning Commission recommended approval of this amendment to PUD 13 (Round Rock Ranch Planned Unit Development). First reading of this ordinance occurred on May 11, 1995. TEXAS: That the Development Plan attached as Exhibit "B" to Ordinance No. Z- 94- 06- 09 -88, which created the Planned Unit Development No. 13, is hereby amended by adopting the First Amended Development Plan for Planned Unit Development No. 13, which shall follows: This Agreement having its (hereafter successors KS /ORDINANCE OR50511G.2 ORDINANCE NO. AN ORDINANCE ADOPTING THE FIRST AMENDED DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT NO. 13, WHICH WAS CREATED IN ORDINANCE NO. Z- 94- 06- 09 -8B; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, PUD NO. 13 tOWtitVtitidtiMENWP T PUA NO 13 read as ( "Development Plan ") made the day of , 19 , between the City of Round Rock, Texas, offices at 221 East Main Street, Round Rock, Texas, called the "City ") and Round Rock Ranch Ltd., its and assigns, who address for purposes hereof is (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean Round Rock Ranch Ltd., its successors and assigns; provided, however, upon the sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of Round Rock Ranch Ltd. as to such property shall be assigned by the new owner, and Round Rock Ranch Ltd. shall have no further liability relating to such property. WHEREAS Developer has requested a Planned Unit Development from the City for the development of 16.68 acres of land for a Single family small lot pgrdelJ home development on a tract of land located within the corporate limits of the City and particularly described by metes and bounds in Exhibit "A" attached hereto and made part hereof (Hereinafter called "the Land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316 (8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ( "Development Plan ") to the City containing terms and conditions for the use and development of the Land; and, WHEREAS the Development Plan forms the concept plan for this land, the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on April 21, 1994; and WHEREAS the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Developer covenant and agree as follows: 1. LIEN HOLDER CONSENT The lienholder of record has consented to this agreement and any dedications agreed to herein. The lienholder consent is attached hereto as EXHIBIT "B" and incorporated herein. 2 DEVELOPMENT AND LAND USE The 16.68 acres shall be divided into two separate tracts designated as Development Area 1 and Development Area 2. The Development Areas 1 and 2 shall be referred to collectively as " The Land ", which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. A portion of the Land will be dedicated to the public as right of way for Round Rock Ranch Boulevard at the time of final plat. Development Areas 1 and 2 may be developed simultaneously or one may be developed before the other. Additionally, each Development Area may itself be developed in phases. 2.1 Development Area 1 Development Area 1, consisting of 8.59 acres shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 1 shall consist of a maximum of B-8 dwelling units, as well as parking, greenbelts, recreational amenities, and other accessory uses. 2. 2.2 Development Area 2 Development Area 2, consisting of 7.73 acres and 0.36 acre portion to be dedicated to the public as right of way, shall be developed for single family use as shown on Exhibit "C ", attached hereto and incorporated herein. Development Area 2 shall consist of a maximum of 444: units, as well as parking, greenbelts, recreational amenities and other accessory uses. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed 6-4:61M4 units per acre, totaling a maximum of 1020$ total units for D evelopment Areas 1 and 2. The minimum lot size shall be 9-4-0.4A80b square feet. 4. ALTERNATIVE DEVELOPMENT 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum building setback requirement along Gattis School Road and Round Rock Ranch Boulevard right of way shall be 25 feet, and no single family lot shall have direct access to Gattis School Road or Round Rock Ranch Boulevard. 4.1.2 The Round Rock Ranch amenity, shown as the 1.463 acre tract on Exhibit "C ", is not located within this Planned Unit Development and is not part of this PUD. This amenity, however, will be available for use to the entire Round Rock Ranch Development, including the homeowners located within this Planned Unit Development. 4.2 Setbacks 4.2.1. Except as stated elsewhere in this agreement, minimum setbacks shall be 15 feet from the street curb to the front of a unit. 4.2.2. Each unit ohall be 1 atcd n a oidc 1 t line n t occupicd by anothcr unit. Each unit shall be a minimum of 10 feet apart. Any oidc wall 1 atcd n a 1 t line ohall havc n wind wo r d ro. No common wall development is allowed under this agreement. 4.2.3. Each oidc 1 t lint n t ccupicd by a unit ohall c ntain a 5 foot drainagc and maintcnanco caacmcnt adjaccnt to paid lot linc. 3. 1.2.1. Thcrc ohall be n privatc rcar yard❑ for any 1 t which abuto thc greenbelt arca ao depicted n Exhibit "C ". Thcrc loto ar a not t cxtcnd bcy nd thc furthcot rear building linc on that block. 4.2.E- 34:!A11 lots along the perimeter of Development Areas 1 and 2 shall maintain a 20 foot setback from the northern property line of Development Areas 1 and 2 and a 25 foot building setback from all perimeter roadways. 4.3 Greenbelts 4.3.1. The greenbelt as depicted in Exhibit "C", shall be a common area owned, maintained and controlled by the Homeowners Association. The greenbelt will consist of one lot designated as common area which shall include public utility easements, drainage easements, and fence, landscape and greenbelt easements. The lot depths and the rear lot line and easement placement will be established at time of platting, and subject to and approved by the Director of Planning. The owner will be responsible for landscaping the greenbelt. Exhibit "a ", attached hereto and incorporated herein, shows general depiction of the greenbelt layout. 4.3.2. Since some, but not all, lots will abut the greenbelt, the minimum width of the greenbelt shall be 20 feet, and each lot owner in Development Areas 1 and 2 will have access to all of the greenbelt. The 1.463 acre tract described in Section 4.1.2 above , to be used as an amenity for the entire Development, will be connected to the greenbelt. 4.3.3. The internal fencing of the greenbelt will be a wood, predominantly masonry and /ox steel type dat tCx xoied<4' an Neagh to maintain a feeling of openness. No cedar, chain link, or wood privacy fencing will be allowed along the greenbelt areas. See Exhibit I. 4.3.4. An open space area approximately 45 to 15012-5 feet wide containing drainage and greenbelt shall be located between Development Areas 1 and 2. Passive recreational activities such as playscape, picnic areas, benches and /or gazebos may be located within this area. 4. 4.4 Sidewalks and Pathways In lieu of constructing sidewalks along Gattis School Road, the developer will provide additional landscaping and fencing along the perimeter boundary street. The City of Round Rock will construct sidewalks after the roadway expansion is completed. A three foot sidewalk shall be located on the side of the street where all perimeter lots are located. No sidewalks are required on internal lots which abut the greenbelt or on the east side of the cul -de -sac located opposite the amenity center. (See exhibit "C" for sidewalk locations). Numerous pedestrian walkways shall be located in and along the greenbelt. Since the emphasis of this PUD concept is internal, pedestrian activity will be directed away from front yards and the streets and placed in the landscaped areas of the greenbelt. These walkways will be constructed of crushed, washed or decomposed granite or crushed brick placed on a compacted sub - grade. The benched areas will be located in the center greenbelt along the common area between Development Areas 1 and 2, as described in Section 4.3.4, above. 4.5 Fencing The perimeter fence treatment shall be a combination of wood, woodcrete or masonry with iron and steel. The owner reserves the right to combine the woodcrete with some combination of wood in the perimeter fence, subject to review and approval by the Director of Planning. Thio would occur only bchind thc arrao of thc fcncc that would bc landscaped with trcco and shrubo. If this option of Wood /Woodcrete is constructed, metal or steel posts will be used for increased strength and durability. The perimeter fence will be approximately 6 feet tall and provide security for the home owners. The internal fences al ng thc grccnbclt will be made of aluminum, iron, masonary, wood o''steel. The entire greenbelt will be fenced in between the units, with the rear wall yard or courtyard of the unit being located along the lot line of the greenbelt. Weed-er Chain link fences will not be allowed in thc cntirc grccnbclt. Front yard fcncing will alo be a c mbinati n of mao my and otccl, pr jccting an cncloacd cntry arca for ach unit al ng thc oidcyard arca. Thio oidcyard cntry will bc furthcr explained in thc building pr ducto liotcd in Cccti n 1.3.1 "See Exhibit "H & F" attached. 4.6 Screening The screening of the property along Gattis School Road and Round Rock Ranch Boulevard shall be comprised of a six foot wC1od, woodcrete and masonry steel or wrought iron fence, ten large shrubs per 50 foot offset fencing section and one, 1 -1/2" caliper tree for each lot which abuts along Gattis School Road and Round Rock Ranch 5. Boulevard. "See Exhibit "H" attached." The interior greenbelt shall have one 1 % inch caliper tree to be planted at a minimum of 50 foot intervals. (See exhibit I.) 4.7 Single Family Lots The minimum width of any single family lot shall be 4550 feet. The minimum depth of any single family lot shall be 65 feet. The minimum single family lot shall be 444435OO square feet. The typical lot size will be 4.std feet x The typical greenbelt size will be 452;0 feet. See Exhibit "D" attached. 4.8 Buildings 1.8.1 Each building locatcd on a lot having a width of 1G fcct hall havc a maximum width f 35 fcct, allowing for a 10 foot oidcyard octback, and be bctwccn 40 fcct 05 fcct in dcpth. 4.8.4 Each building located on a lot having a width of 50 feet shall have a maximum width of 40 feet, allowing for a 3 5 foot sideyard setback, and be between 45 feet - 65 feet in depth. See Exhibit "I" attached. 4.8.3 11 building❑ will be c notructcd f at lcaot 70% maa my material❑. N wind wo or d rwaya ohall bc all wcd al ng thc wall 1 catcd n thc zcro lot line oidc of thc house. The front and rear facade will be constructed of 100% masonry materials, excluding gables, doors, vents, recessed second story walls, and trim. The ground floor of the aide wall to atcd on thc zcro lot linc and the r ar wall will bc conotructcd of 100°; masonry materials, alo excluding gable❑, d ro, vcnta and trim. All other portions of the building exterior will be constructed of at least 70% masonry materials. No 4 foot x 8 foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4.8.4311 buildings will bc limited t cithcr a oidc yard or courtyard cntry. All courtyards will be fcnccd and gatcd a ao t pr vidc an entrance ahall bc c mpatiblc with Cccti n 1.0 fencing rcquircmcnto. No product or unit shall be constructed with a front cntry unless cntry in gaincd through a fenced courtycard. Ccc Exhibit "I" & "J" attached Fro e!triea ith ^ w po hee /patzo ceristru ted of word trim,wx he ac 6. 5.1 Streets 4.8.4 All buildings shall include two -car garages facing directly on the street. These garages are to be set back a minimum of 22 feet and a maximum of 25 feet from the curb. Driveways will maintain a minimum 0 feet in width to adequately accommodate 2 guest parking spaces. No garages shall be converted into bedrooms, studies, dens .. ............................... or any living areas for occupants with 1K e eptxotx f model kzs�mes 1 Zx�r garage c6n *7s cxna j od hc3mes �ha11 be ra tared tc� <the oteodes3 u54 as a araga. prr. r to c ceupancy < as a ;single �a��ly rs��z��e: 4 8.6E ARoofing Materials Roofing Materials will be limited to 300 lbs. /30 year high quality composite laminated raised profile shingle, tile, Timberline style or Hardiplank style materials. No wood or non - Timberline style, composite shingles will be allowed. Roof pitch shall be encouraged by the deed restrictions and the architectural control committee to be at slight grades from the garage to the second story unit. N abrupt r otccp gradcd roof pitchco, n r any two atory units dircctly ab vc thc garagc will be permittcd r approvcd by thc architcctural control committcc. 4 8 4r'a?Patios All patios will be structurally connected to the rear of the unit. These patios or decks will serve as additional outdoor space between the greenbelt and exterior walls. Sizes of the patios or decks will depend upon the greenbelt width and the setback depth. individual lot and ohall not cxtcnd pant thc farthcot building lint n that bl cic. 5. STREETS & OFF STREET PARKING 7. The internal streets will be private and maintained by the Homeowners Association. The width of the local internal street will be 27 feet of pavement, 28 feet curb to curb. The entry streets are detailed in Exhibit "F" attached. Entry streets will have security gates for restricted access. The roadway following the divided entry street in Development Area 1 shall be designed as a 30 foot paved section, 31 feet curb to curb. Each dead end street will be terminated by a cul -de -sac turnaround with a 30 foot turning radius. The Homeowners Association will be required to finance all repairs and standard maintenance of the streets after the two year contractors warranty bond expires. Funding shall be provided by a monthly assessment established as a sinking fund for street maintenance. See Exhibit "E" attached. 5.2 Off Street Parking Two to four off - street visitor parking lots will be located in each cul -de -sac. There will be a total of twelve (12) off - street parking facilities for the entire development. Parking along the internal roadways will be limited to one side of the street only and set forth in deed restrictions of the subdivision. Small signs shall notify visitors and guest of the parking arrangements and restrictions at the entries and median locations. No recreational vehicles, boats or trailers will be allowed to be parked in any street or driveway within the entire development. The 12 off street parking facilities will be reserved specifically for guests only. Boats, trailers or recreational vehicles may not occupy any of these visitor parking spaces. See Exhibit "E" attached 5.3 Entry Roadway Both entry roadways for Development Areas 1 and 2 will be designed with divided landscape medians, 30 foot turnarounds, side drive mailbox kiosks and stamped concrete. Any other additional entry structures must be approved by the city attorney, Director of Public Works, the Director of Planning, and continued in an approved licensing agreement. See Exhibit "F" attached. 5.4 Security Gates Security gates will be installed at each entry. Property owners will be provided with an electronic gate opener (similar to a garage door opener) and an alternative code number for entrance in case the electronic opener malfunctions. At the entry next to the mailbox kiosk will be a call box with residence listing. This will provide visitors access to the PUD. The gate code will be given to all utility, emergency and post office officials for access into the PUD. For specific emergency and fire situations, construction of the gate will be designed to allow "crash" entry. See Exhibit "F" attached. 5.5 Landscaped Medians Landscaped medians located along local cul -de -sacs will be no wider than 6 feet and approximately 12 -18 feet long. Road pavement sections along both sides of the median will be 14 feet wide for acceptable reverse sight distances. Landscaping materials and berms in the median shall maintain a low level height of approximately 4 foot for visibility. 8. 5.6 Refusal of City to Accept Street and Utilities Owner hereby acknowledges and agrees that since the streets and utilities provide herein area are not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any of said streets and utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 6. UNDERGROUND ELECTRIC AND UTILITY LINES 6.1 Except where approved in writing by the Director of Public Works all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. No rooftop r anch rcd oh rt wave radi antennas will be allowed in the entire PUD. 6.2 Public Utility Easements All water, wastewater, gas and stormsewer lines will be located inside the 26 or 30 foot pavement section, unless otherwise approved by the Director of Public Works. Electric, telephone, cable line and transformers will be located in the greenbelts at all possible places. The greenbelts shall be designated P.U.E.'s with electric, phone, cable and transformers located within these areas. Each utility has been designated a standard assignment as shown in exhibit "G" attached. 6.3 Maintenance by the Homeowners Association Water and Wastewater line within the Land shall be private lines which will be maintained by the Homeowners Association. A master meter or meters shall be used to deliver city water in bulk to the Land. 6.4 Refusal of City to Accept Utilities Owner hereby acknowledges and agrees that since the utilities provided for herein area not being constructed in compliance with all subdivision requirements that the City will not accept the future dedication of any utilities for public maintenance. A plat note to this effect shall be placed on all subdivision plats for the herein described property. 7. EMERGENCY FIRE ACCESS Emergency fire access will be provided by an all weather aggregate, decomposed granite or crushed brick driveway connecting both cul -de -sacs between Development Area 1 and 2 for 9. through access for emergency vehicles. This drive will be 18 -20 feet in width and will cross the greenbelt and drainage channel for direct access through the entire PUD. The City of Round Rock Fire Department will review and approve construction plans for this driveway 8. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for Development Areas 1 and 2. These Restrictions shall specifically provide for the following: 8.1 Vehicle Parking. To the extent reasonably practical, the property owner shall, limit, or prohibit the use of any parking on one side of the local internal streets. Boats trailers, buses and recreational vehicles shall not be allowed to park on any street, driveway or guest parking space. Vehicle parking restrictions will be policed by the Homeowners Association's authorized representative or the declarant. 8.2 General Signage Standards. All entry monumentation visible from Gattis School Road shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a Signage is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made with the five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged to the signed owner. Prohibited signs include permanent bench signs; billboards; signs with flashing or blinking lights or mechanical movement; dayglo colors signs that make or create noise; animated or moving signs; exposed neon illumination; painted wall signs; pennants; trailer signs; signs with beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials for the design shall be made of natural stone or masonry with a height limit equal to that of the 6 foot fence. The Homeowners Association will own and maintain all entry signs associated with the PUD. 8.3 Homeowners Association A Homeowners Association will be established at the time of final platting for each Development Arca. The Association documents will be submitted for review and approval by the Director of Planning and City Attorney at the final plat stage. The mechanism for funding and collection of fees for the Association will be detailed to the satisfaction of the Director of Planning and the City Attorney prior to the final plat approval or recordation. The Association will maintain all areas within the 10. Development Area except private lots. The declarant "Owner" shall maintain control of the Homeowners Association until 75% of the building sites are sold. Once home - building commences the declarant shall have the voting approval ratio of 5 to 1 over individual lot buyers. Upon 75% of the homesite sold, the declarant shall concede total control to the Homeowners Association. 8.4 Architectural Controls 8.4.1 Each unit will bc 11. contructcd of at 1 aat 70% Roofing materials shall be constructed of 3.Dff Txygh t uality 1ao&nated raised prnfzle co#p aLt #4# A0, tile, Timberline sty1 or Hardiplank #0#0 ri` 1€v.. .... ... ............................... Front and rear facade shall be a minimum 100% masonry. The remainder of the house shall be at least 70% masonry or a stucco type material. Composite roof materials will not be allowed wtt the-,exception of q„4,1, " No windowa or do rways ohall' bc all wcd al ng the zcr 1 t lint aidc f the unit. The scro lot linc aidc ground flo r will bc 100% maa nry. No 4 foot x 8 foot cedar wood panels shall be used for siding. Only washboard style or other quality wood materials shall be used. An architectural control committee shall be established at the final plat stage. The "declarant" owner shall be in charge of the architectural standards and reviewing plans for the PUD until 75% of the homesites are sold. Upon 75% of the homesites sold, the declarant shall hand over total control to the Homeowners Association, of which will elect a three person board for review. This process will be given more detail within the deeds and restrictive covenants at the final plat stage. 8.4.2 This project will be designed and constructed in 2 development areas. Each development area may produce a distinct or different architectural type to identify itself. However, for consistency in product and overall protection of home values, there will be a standard (1 or 2) theme color for the houses, standard design, (i.e.: roof pitch, roof materials) and concept, (i.e.: sideyard entries) for the entire PUD. There may be 4 -6 variations of this design standard, such as 4 different floor plans, but the concept and the building type will remain consistent throughout the entire development. 8.5 The Homeowners Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to enforce any provisions of this agreement, it is not the intent of this agreement for the City to assume any responsibilities normally reserved to a Homeowners Association. 9. APPLICABILITY OF CITY ORDINANCES 9.1 Zoning and Subdivision. The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 9.2 All other Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 10. DESIGNATED CONCEPT PLAN This entire PUD ordinance constitutes the Concept Plan for Development Areas "1" and "2" required by the City Subdivision Ordinance. Such concept plan is hereby approved by the City. 11. COMPATIBILITY This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 12. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council. any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his own discretion, determine what constitutes a substantial change. 13. DEFINITIONS Definitions shall be defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 12. 14. EXHIBITS Exhibits "A" through "3-s7" attached are part of this Agreement and incorporated herein. 15. ENTIRE AGREEMENT AND MODIFICATIONS This Agreement, the Development Agreement, and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither the Agreement nor any provision hereof may be waived, modified, amended, discharge, or terminated except by an instrument in writing signed by the City or its designated representative, as set forth herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. 16. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 17. CAPTIONS The captions in this Agreement are inserted for convenience of reference only and in no way define, describe, or limit the scope or intent of this Agreement or any of the provisions hereof. 18 SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully serverable and shall not invalidate this Agreement. In such an event, such illegal, invalid, or unenforceable provision shall be replaced with a provision which as nearly as possible fulfills the intent of the severed provision, but is not illegal, invalid, or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 19. GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 13. 20. BINDING EFFECT The Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 21. STATUS OF PARTIES' RELATIONSHIP Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 22. COUNTERPART EXECUTION This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. 23. AUTHORITY ATTEST: CITY OF ROUND ROCK, TEXAS DATE: DATE: Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. 14. BY: Charles Culpepper, Mayor Round Rock Ranch, Ltd. a Texas Limited Partnership BY: Tim Timmerman, President THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of . 1994 by Charles Culpepper, Mayor of the City of Round Rock, Texas. THE STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public, State of Texas Commission Expires: Name Printed: This instrument was acknowledged before me on the day of , 1994 by Tim Timmerman, President of Round Rock Ranch, Ltd., a Texas Limited Partnership, on behalf of said corporation. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1995. 15. Notary Public, State of Texas Commission Expires: Name Printed: 'Alternative 2. READ and APPROVED on first reading this the 1995. READ, APPROVED and ADOPTED on second reading this the _ day of , 1995. ATTEST: JOANNE LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas 16. day of _ March 17, 1994 EXHIBIT A Page 1 of 3 ZONING TRACT DESCRIPTION FIELD NOTE DESCRIPTION OF THAT CERTAIN TRACT OR PARCEL CONTAINING 16.680 ACRES OF LAND OUT .OF THE PRIOR A. HOLDER SURVEY, ABSTRACT NUMBER 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID 16.680 ACRE TRACT BEING MORE FULLY DESCRIBED AS BEING ALL OF THAT CERTAIN CALLED 4.892 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO ROUND ROCK RANCH J.V. LTD. OF RECORD IN VOLUME 2217, PAGE 672 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 36, BLOCK M, ROUND ROCK RANCH PHASE ONE SECTION ONE, A SUBDIVISION OF RECORD IN CABINET J, SLIDES 139 -141 OF THE WILLIAMSON COUNTY PLAT RECORDS, SAID 16.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the Nbrth Right -of -Way line of Gattis School Road said iron rod found being the southeast corner of Lot 13, Block "M ", Round Rock Ranch, Phase One, Section One, a Subdivision of record in Cabinet "J ", Slides 139 -142 of the Plat Records of Williamson County, Texas, same being the southwest corner of the said called 4.892 acre tract described in Volume 2217, Page 672 of the Williamson County, Texas Deed Records; THENCE N ° 07'17 "E a distance of 421.89 feet with the North Right- of-Way line of Gattis School Road as dedicated by the said Round Rock Ranch, Phase One, Section One Subdivision to an iron rod found for the southeast corner of the said called 4.892 acre tract, same being the southeast corner of the herein tract, same being on the West line of that certain 13.729 acre tract described in a deed to Custom Homes of Record in Volume 1084, Page 129 of the Williamson County Deed Records; THENCE NO ° 08'42 "W a distance of 508.68 feet departing said North Right -of -Way line of Gattis School Road and with the said West line of the 13.729 acre Custom homes tract to an iron rod found for a northeast corner of the herein described tract at a point of curvature of a nontangent curve to the left, said iron rod being the most southerly point of Lot 49, Block "H" of the said Round Rock Ranch, Phase One, Section One Subdivision; THENCE with the southerly line of the said Round Rock Ranch, Phase One, Section One Subdivision, the following five (51 courses and distances; 1). With a curve to the left containing the following elements, a radius length of 508.48 feet, an arc length of 109.03 feet and whose chord bears N33 °46 46 "W for a distance of 108.82 feet to an iron rod found on the East Right -of -Way line of Round Rock Ranch Boulevard 2). S ° 34'27 "w for a distance of 76.27 feet with the terminus of the said Round Rock Ranch Boulevard to an iron rod found for the southeast corner of Lot 35, Block "M" of the said Round Rock Ranch, Phase One, Section One subdivision; 3). S50 ° 01'42 "W a distance of 158.60 feet to an iron rod found at a point of intersection on the rear of Lot 34, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision; 4). S ° 08'59 "W for a distance of 173.63 feet to an iron rod found on the rear line of Lot 32, Block "M" of the said Round Rock Ranch, Phase One, Section One Subdivision, same being the northeast corner of the aforesaid Lot 36 and the northwest corner of the said called 4.892 acre tract; 5). S ° 07'58 "E for a distance of 874.28 feet along the North line of the aforesaid Lot 36 to an iron rod found for the most northerly northwest corner of the herein described tract, same being the northeast corner of a proposed 1.463 acre amenities tract out of the said Lot 36; THENCE upon and across the said Lot 36 with the east and south lines of the said amenities tract the following two (2) courses and distances 1). S ° 22'34 "W for a distance of 205.00 feet to an iron rod found; 2). N ° 40'16 "W for a distance of 280.00 feet to an iron rod found on the curving East Right -of -Way line of Round Rock Ranch Boulevard for the southwest corner of the proposed amenities tract and the most westerly northwest corner of the herein described tract; THENCE with a curve to the left containing the following elements, a radius length of 550.00 feet, an arc length of 99.14 feet, and whose chord bears S03 °18'05 "W for a distance of 99.01 feet to an iron rod found at a point of tangency on the said East Right -of -Way line of Round Rock Boulevard THENCE SO1 "51'49 "H for a distance of 236.29 feet to an iron rod found at_ a point of curvature on the said East Right -of -Way line of Round Rock Boulevard Page 2 of 3 THENCE with a curve to the left containing the following elements, a radius length of 20.00 feet, an arc length of 31.38 feet and whose chord bears 846 ° 57'12 "E for a distance of 28.26 to an iron rod found for a point of tangency on the North Right -of- way line of Gattis School Road; THENCE N ° 08'31 "E for a distance of 1196.85 feet along the said North Right -of -Way line of Gattis School Road to the POINT OP BEGINNING; CONTAINING 16.680 ACRES OF LAND. The undersigned does hereby certify that the foregoing description represents the results of a survey made on the ground in August of 1993 under my supervision according to law and that it is true and correct to the best of my knowledge and belief. TI T> " ood Registered Professional Land Surveyor No. 4423 Page 3 of 3 EXHIBIT B THERE ERE ARE NO LIENHOLDERS OF RECORD .G.5oRr,0a2 Box UNIT I J og \ 6 b j n� - - -te a_ - � LANDSCAPE E9,1 GATTIS SCHOOL ROAD (100' ROW) 0 °° t5 i c ROUND ROCK RANCH 2' oy sc f � ; PHASE ONE SECTION ONE ' 22 _ o 2 1 BLOCK 'M' ' - t2 t' ' 19 DE ELOPMENT AREA 1 I DEVELOPMENT AREA II t0 26 DsD..P .0,2, ..,E COW _ AuBER SI..ar COVE 3 6 ' 22 3a `` `. n .s \ ev v 28 29 i3t 5 '' ' a .'�. / GUEST, PARKING s A `• - -I- _ >T z— i.11 � '95 '2 iS2 , 9t 90 59 60■ r ' -] _ .e IEn- — _ — 6 )�� - r 3 2 , 22 I i-. �q� 28 OR DE]f E - 9666 PRELIMINARY SITE PLAN / vm ORIVE '60 LANDSCAPED ISLANDS FENCED GREENBELT BLOCK 'L; 56 \ 52 56 I 59 9c ; 611 621 53 P a9 40' 80 5RA NAGE P90 EASEucN- x W WV?' E , I H SCHOOL ROAD o �- l EXTERIOR FENCING $ I/ ROUND ROCK RANCH P.U.D. ---• - EMERGENCY FIRE ACCESS ONLY PATIO HOMES ..-. THE FENCE AT THE RE ‘R OF THE UNIT CONNECTS TO AD a 1 'JG UNIT FOR GREENBELT 40' MAXIMUM WIDTH FOR HOMES 5' SIDEYARD SETBACK - BOTH SIDES 50' MINIMUM WIDTH FOR LOTS EXHIBIT D : . VINCENT GERARD AND ASSOCIATES i CUL DE SAC DETAIL N N 2 ,› 8.5' 27' Pavement 28' Curb To Curb 2 -3 OFFSTREET PARKING SPACES EMERGENCY FIRE ACCESS Landscaped Median ROUND ROCK RANCH P.U.D. VINCENT GERARD AND ASSOCIATES 102 Westlake Drive. Suite 100, Austin, Texas, 78746 e Q VINCENT CERARD A_t yD AS OCIATES 102 Westlake Drive, Suite 100, Austin, Texas. 7p ROUND ROCK RANCH PUD PUE 3.5 GA 4' UTILITY ASSIGNMENTS PRIVATE STREETS Sidewalk PAVEMENT WASTEWATERI STORMSEWER 1 . 5' I 5' 20' GREENBELT 28' CURB TO CURB 410' • /- CABLE , ELEcfrRIC , PHONE EXHIBIT G 6' PUE WATE 0 VINCENT GERARD AND ASSOCIATES a 102 Westlake Drive, Suite 100, Austin, Texas, 78746 ' H I' IIIIIIIIIIII'�' 11 II4 q1 11 .• .: •:• UM `I! i11�IIW11IIll I. .`� f1• nli„ �II� I 1 ♦I IR�v r � , �.: 11Ilil1111ll 1111'Ililllili 1111iiiillil 1111lllil 1111iillil1111111111l►lil �� _.:.�! �, ---1111111111111111111111 111 ,,,, �... ROUND ROCK RANCH PUD 50' 50' GATTIS SCHOOL ROAD 50 FOOT SECTIONS OF FENCE TO BE ALTERNATED WITH A 5 FOOT OFFSET BETWEEN SECTIONS 50' VINCIMT GERARD a 686CC16ne, LYID PINNING CONSULTANTS Iot wsNaT OL >M[ M0. W74 N... lai» 4I11-711u • - �. P I \ \, , • .q ( ■ . ' SEATING-AREA / - TREES PLANTED @ 1 PER 50' OR EQUIVALENT 7- L - - BACKYARD \„, \ --\I ‘LILL1 i STREET F1.9WER & slinpe pp GREENBELT , • : SCHEMATIC GREENBELT & GARDEN HOME LAYOUT VINCENT GERARD A5SOCIATE5 LAND MANNINO O1rISE11:1 . 1 /[1.1(1. OM, SOlit 100. 1.011111. !VMS 325-2640 MEANDERING PATHWAY croSilOO Or 1,15110(1 511:111ite - 4 MAX. HEIGHT NG GREENBELT SIDE YARD 5' BOTH SIDES rt! ROUND ROCK RANCH PUD TYPICAL LANDSCAPED MEDIAN DETAIL PRIVATE STREETS_ 40' 28' Curb to Curb EXHIBIT J 4' '' 6' PUE VINCENT GERARD AND ASSOCIATES 102 Westlake Drive, Suite 100, Austin, Texas, 78746 - R2q' : W1i:ifElLg111 ,