Z-95-09-28-9J - 9/28/1995THE 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 a meeting held on the AS
d day of
19 qi which is recorded in the minutes of the City of
Round Rock in Book <34 .
CERTIFIED by my han and seal of the City of Round Rock, Texas on
this L5 day of 9! 9.
DOC# 9552039
i0/
J ANNE LAND,
Assistant City Manager/
City Secretary
arrt
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
45
ORDINANCE NO. Z 95-09-Z- 9(.1
AN ORDINANCE AMENDING ORDINANCE NO.Z- 94- 10- 27 -9D,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
OCTOBER 27, 1994, BY DELETING EXHIBIT "B" TO SAID
ORDINANCE, THE DEVELOPMENT PLAN OF PUD NO. 15, AND
REPLACING IT WITH A NEW EXHIBIT "B ", ENTITLED AN
AGREEMENT AND DEVELOPMENT PLAN FOR PUD NO. 15,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on October 27, 1994, the City Council of the City
of Round Rock, Texas, adopted Ordinance No. Z- 94- 10- 27 -9D, which
established PUD No. 15, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to delete Exhibit "B" of said
Ordinance, and replace it with a new Exhibit "B ", and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z- 94 -10-
27-9D on the 6th day of September, 1995, following lawful
publication of said public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. Z- 93- 12 -09 -9F be amended, and
WHEREAS, on the 14th day of September, 1995, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z- 94- 10- 27 -9D, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z- 94- 10 -27 -9D promotes the health,
safety, morals and general welfare of the community, and
R: \SePUIDS \SPR ,n.ORO /cdc
OR50928J
WHEREAS, each and every requirement set forth in Chapter 211,
Sub - Chapter A., Texas Local Government Code, and Section 11.300,
Code of Ordinances, 1990 Edition, City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
2.
That the City Council hereby determines that the proposed
amendment Ordinance No. Z- 94- 10- 27 -9D, creating Planned Unit
Development (PUD) District #15 meets the following goals and
objectives:
(1) The amendment to P.U.D. #15 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) The amendment to P.U.D. #15 is in harmony with the
general purposes, goals, objectives and standards of the
General Plan.
(3) The amendment to P.U.D. #15 does not have an undue
adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
H.
That Exhibit "B" of Ordinance No. Z- 94- 10- 27 -9D, is hereby
deleted in its entirety and replaced with a new Exhibit "B ",
entitled an Agreement and Development Plan for PUD No. 15, which is
attached hereto and incorporated herein.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this ordinance
shall not invalidate other sections or provisions thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for reading
this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this CQS — day of
Alternative 2.
READ and APPROVED on first reading this the day of
, 1995.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
ATTEST:
1995.
0 r..� / ! /I t
•ANNE LAND, City Secretary
3.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR SPRINGRIDGE
PUD NO. 15
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City "), and THE
ALBORZ CORPORATION and AUSTIN CUSTOM HOME BUILDERS JOINT VENTURE,
their respective successors and assigns, having its offices at 4210
Spicewood Springs Road, Suite 209, Austin, Texas 78759 (hereinafter
referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to re-
zone 63.33 acres of land, more or less, as' a Planned Unit
Development ( "PUD "), said acreage being more particularly described
by metes and bounds in Exhibit "A" attached hereto and made a part
hereof (hereinafter referred to as the "Property "), and
WHEREAS, on September 20, 1995, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
K \ORDWMC \seaiwc.wro /cdc
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
This Agreement amends Planned Unit Development No. 15 and
10.867 acres (shown as Tracts X and Y on Exhibit "C ") remain
zoned for commercial use in accordance with the Agreement and
Development Plan attached to City of Round Rock Ordinance No.
Z- 94- 10 -27 -9D and recorded in Volume 2638, Page 699, Official
Records, Williamson County, Texas. The remaining 63.33 acres
of that agreement are replaced by this Agreement and all uses
and development within said Property shall conform to the
Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.15 below are followed.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld. This section shall not prevent the
Owner from conveying the property, together with all
development rights and obligations contained in this
Agreement and Development Plan.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability_
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
2.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER
Alborz Corporation
4210 Spicewood Springs
Suite 209
Austin, Texas 78759
Attn: Mike Hassibi
5.10 Effective Date.
3.
ROUND ROCK
City of Round Rock, Texas
Road 221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
1. DEFINITIONS
2. PROPERTY
3. PURPOSE
4.2 Other Ordinances
5. PERMITTED USES
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
This Development Plan ( "Plan ") covers 63.33 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto and incorporated herein.
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
The property listed below shall be used and developed as
follows and shall conform to all requirements as set forth in
4.
this Agreement and Plan and, if not set forth herein, by
applicable sections in the Code:
5.1 Parcel One
The permitted uses of Parcel One, more particularly
described in Exhibit "C", attached hereto and
incorporated herein, shall be either as (MF) Multi -
Family Residential, except as modified in Exhibit "F ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
5.2 Parcel Two
The permitted uses of Parcel Two, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (SF -2) Single
Family Residential, except as modified in Exhibit "D ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
5.3 Parcel Three
6. LOT SIZES
7. BUILDINGS
9. SIDEWALKS
The permitted uses of Parcel Three, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (SF -2) Single
Family Residential, except as modified in Exhibit "D ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
The minimum lot size for Parcels Two and Three shall be as
modified in Exhibits "D" and "E ", attached hereto, as
applicable to each parcel and its designated use.
Building size, dimension, height, and setbacks for all parcels
shall be as modified in Exhibits "D ", "E" and "F ", attached
hereto, as applicable to each parcel and its designated use.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibits
"D ", "E" and "F ", attached hereto, as applicable to each
parcel and its designated use.
All sidewalks shall be constructed pursuant to Section 8.604
of the Code, except sidewalks shall not be required along
Louis Henna Boulevard or Schultz Lane.
5.
10. UTILITIES
10.1 Public Improvement District
The Property is included within the Southeast Public
Improvement District, which was created to construct a 16
inch waterline loop connecting an existing 16 inch
waterline in Louis Henna Boulevard to a 16 inch waterline
in High Country Boulevard. The City of Round Rock shall
make its best efforts to design and commence construction
of the 16 inch waterline within thirty (30) days after
final adoption of the Southeast Public Improvement
District.
10.2 Water and Wastewater Line Capacity
The creation of the Southeast Public Improvement
District will accommodate approximately 336 Living Unit
Equivalents (LUE's) within the PUD. Living Unit
Equivalents shall be calculated as follows:
Single family residence: 1.0 LUE
Apartment of Condominium unit: 0.5 LUE
Business park: 2.4 LUE /acre
Commercial: 2.4 LUE /acre
11. AMENITY AREAS FOR PARCEL ONE, IF SINGLE FAMILY
RESIDENTIAL
Private amenity areas may be developed, owned and maintained
by the Owner or a Property Owner's Association and such
amenities other than swimming pools and buildings may be
located within the 100 year flood plain, provided said
construction is approved by the Director of Public Works.
12 CONSTRUCTION
12.1 Access
Approved driveway access to Louis Henna Boulevard from
Parcels One, Two and Three, as shown on Exhibit "C ",
shall be provided by private access easement across
Parcels X and Y , as shown on Exhibit "C ".
12.2 Utilities
Except where approved in writing by the Director of
Public Works, all electrical, telephone and cablevision
distribution and service lines, other than overhead lines
three -phase or larger, shall be placed underground.
6.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and Public Works.
13.2 Manor Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
13.3 Changes in Writing
Neither this Agreement or Plan nor Any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
14. PROPERTY OWNER'S ASSOCIATION
14.1 Review and Approval Before Recordation of Final Plat
A Property Owner's Association shall be established at
time of final platting of any Single Family residential
property located within the PUD. The association's
creation documents shall be submitted for review and
approval to the Director of Planning and Community
Development and the City Attorney at the final plat
stage. These documents shall be recorded with the final
plat and shall contain all of the items listed in Exhibit
"G ", attached hereto and incorporated herein, to insure
incorporation of the items listed in Exhibit "G" .
14.2 Responsibilities of Association
In addition to other responsibilities imposed on the
association in this Plan, the association shall be
responsible for maintaining all landscaping, irrigation
systems, greenbelts and amenity areas within the PUD not
dedicated to the City.
14.3 Enforcement of Deed Restrictions
The Property Owner's Association shall be the entity
responsible for enforcing the deed restrictions. Although
the City reserves the right to review, approve and
enforce deed restrictions as well as any amendments or
modifications to the deed restrictions, it is not the
intent of the City to assume responsibilities normally
reserved to a Property Owner's Association.
7.
15. GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect
the provisions of this agreement.
16. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
8.
CITY OF ROUND ROCK
By .dam l
Charl s C 1 per, Mayor
Date: q-a0 9.5
ALBORZ CORPORATION
By: a
MIKE HASSIBI, President
AUSTIN CUSTOM HOME BUILDERS
BY:
RI 'D R. JE
Managing Vent
EXHIBIT A
TRACT NO. 1
DESCRIPTION OP 18.32 ACRES. MORE OR LESS, OF LAND AREA, IN THE WILLIAM
HARSER SURVEY ABSTRACT NO. 107, . IN WILLIAMSON COUNTY. TEXAS. BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the northwest line the aforereferenced Alborz
Tracts, same being the southeast line of that 5.00 acre tract of land
described in a deed dated November 20, 1974 from Barthel C.
Henderson, et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 29 212.08 feet;
?BENCE leaving the PLACE OP BEGINNING and the aforereferenced Gill
Tract. and crossing the Alborz Tracts, the following nine (,9)
courses:
1. N 74 992.62 feet to the beginning of a right breaking
curve;
2. with said right breaking curve having a radios length of 1850.00
feet, an arc length of 687.77 feet, and a chord which bears
N 84'49'15'E 683.82 feet;
3. S 84 15.08 feet to the northeast corner of the herein
described tract of land:
4. S 05'26'55'w 20.00 feet;
5. 5 01'04 "E 40.00 feet to a right breaking curve;
6. with said right breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
S 29' 08 259.3 feet;
7. S 49'56'45'W 164.67 feet to the beginning of a left breaking
curve;
8. with said left breaking curve having a radius length of 527.22
feet. an arc length of 235.81 feet. and a chord which bears
S 37 233.85 feet; and
9. S 24'19 °W 373.05 feet to a point in the south line of the
Alborz Tracts. same being the north line of that 17 acre tract
of land described in a deed dated February 17, 1967, from James
E. Eichelberger, Jr., to Edgar S. Daugherty, as recorded in
Volume 517, Page 445 of the Williamson County Deed Records, for
the southeast corner of the herein described tract of land:
THENCE with the common line of the Alborz tracts and the
aforereferenced Daugherty Tract, N 65'40 1253.66 feet to an
iron rod found for the southwest corner of the Alborz Tracts, same
being the north corner of the Daugherty Tract, and being the southwest
corner of the herein described tract of land:
TBENCE leaving the Daugherty Tract, with the common line Of the Alborz
Tracts. and the Gill Tract, N 29'08 E 81.55 feet to the PLACE
OF BEGINNING. There are contained within these metes and bounds,
18.32 acres, more or leas, of land area, as described from record
information and measuremanta made on the ground on January 8, 1994 by
McMinn Land :roeying Company of Austin, Texas.
. Michael McMinn, Jr., R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson. Texas.
J.O. No.
LNDADSR
: 012294
TRACT NO. 2
DESCRIPTION OF 17.26 ACRES, MORE OR LESS, OP LAND AREA. IN TE8 WILLIAM
BARBER SURVEY ABSTRACT N0. 107, IN WILLIAMSON COUNTY, TEXAS, 58ING A
PORTION OP THOSE TRACTS OF LAND CONVEYED TO ALBORE CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS. BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411. AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY.
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the afarereferenced Albers
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17. 1967, from James B.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65 1253.66 feet, and
N 29'08'45 "E 293.62 feet;
THENCE leaving the PLACE of BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts. the following nine
(9) courses:
1. N 24 ° 19'15 "E 373.05 feet to the beginning of a right breaking
curve;
2. with said right breaking curve having a radius length of 527.22
feet, an arc length of 235.61 feet, and a chard which bears
N 37 ° 38'00 "E 233.85 feet;
3. N 49'56'45 "W 164.67 feet to the beginning of a left breaking
curve:
4. with said left breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet. and a chord which bears
N 29'08'15'W 259.34 feet;
5. N 01 40.00 feet;
6. N 05'26'15'8 20.00 feet to the northwest corner of the herein
described tract of land;
7. 5 84 ° 33'45 "E 575.92 feet to the northeast corner of the herein
described tract of land;
8. 5 13'49'45'E 154.50 feet
9. S 47'00'00 "W 73.27 feet;
10. S 28'27'45 "W 205.49 feet;
11. S 29 ° 28'00 "w 735.74 feet;
12. 5 37'16•30'w 81.69 feet;
13. 5 04 ° 45'15'W 25.85 feet;
14. S 22 "W 136.53 feet;
15. S 21'50'15 "E 27.41 feet;
16. S 20 66.63 feet;
17. S 26 °W 62.30 feet; and
18. S 42 ° 27'15 "W 160.00 feet to a point in the south line of the
Alborz Tracts, same being the north line the aforereferenced
Daugherty Tract, and being the southeast corner of the h '
described tract of land:
THENCE with the common line of the Aborz Tracts and the Daugherty
Tract. N 65 "W 696.61 feet to the PLACE OP BEGINNING. There
are contained within these metes and bounds, 17.26 acres, more or
less, of land area, as described from record information and
measurements made on the ground on January 8. 1994 by McMinn Land
Surveying Company of Austin, Texas.
. M chael McMinn, Jr l R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(5121 343 -1970
DATE 1 August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY Williamson, Texas.
J.0. No. s 012294
LNDAESd
TRACT NO. 3
DESCRIPTION OP 27.48 ACRES, MORE OR LESS, OP LAND AREA. IN THE WILLIAM
BARKER SURVEY ABSTRACT N0. 107, IN WILLIAMSON COUNTY, TEXAS. BEING A
PORTION OF THOSE TRACTS OP LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OP WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James K.
E ichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517.
Page 445 of the Williameon County Deed Records, for the southwest
corner of the herein described tract of land, from which, en iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65'40'45'W 1950.27 feet, and
N 29'08'45'E 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts. the following twelve
(12) courses:
1. N 42'27'15'5 160.00 feet
2. N 26 62.30 feet;
3. N 20 "8 66.63 feet;
4. N 21'50 27.41 feat;
5. N 22'47'00°E 136.53 feet:
6. N 04'45'15"E 25.85 feet;
7. N 37'16'30"8 81.69 feet;
8. N 29'28'00'5 335.74 feet;
9. N 28'27'45's 205.49 feet:
10. N 47'00'00"E 73.27 feet; "'
11. N 13'48'45 "8 154.50 feet to
described tract of land;
the northwest corner of the herein
12. S 04'33'45'5 1003.37 feet to the southeast line of the Alborz
Tract, same being the northwest line of Schultz Lane, for the
e ast corner of the herein described tract of land:
THENCE with the common line of Schultz Lane and the Alborz Tracts, the
following four (41 courses:
1. with a right breaking curve having a radius length of 556.88
feet. an arc length of 105.65 feet, and a chord which bears
S 23'51'34"w 105.49 to an iron rod found;
2. S 29'20.55 "W 164.28 feet to an iron rod found:
3. S 23'20' W 39.59 feet to an iron rod found; and
4. S 29'16'20' w 1270.12 feet to a concrete monument found for the
south corner of the Alborz Tracts. same being the east corner of
the aforereferenced Daugherty Tract, and being the south conrer
of the herein described tract of Land;
THENCE leaving Schultz Lane , with the common line of the Albers
Tracts and the aforereferenced Daugherty Tract, N 65 796.42
feet to the PLACE OP BEGINNING. There are contained within these
metes and bounds, 27.48 acres, more or les., of land area, as
described from record information and measurements made on the ground
on January 8, 1994 by McMinn Land Surveying. Company of Austin, Texas.
icc ael McMinn, Jr., R. No. 4267
McMinn Land Surveying Co •any
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARRER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LNDAFSR
: 012294
ZONING TRACT NO. 4
DESCRIPTION OF 0.275 OP AN ACRE, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM HARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS.
B EING A PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION
AND AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472,
PAGE 411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
B EGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforereferenced Alborz Tracts, for the
northwest corner of the herein described tract of land, from which, an
iron rod found for the northwest corner of the Alborz Tracts bears
N 84 15.00 feet, S 37 575.94 feet, S 76 ° W
165.55 feet, and S 74 842.72 feet:
THENCE leaving the PLACE OF BEGINNING. with the common line of County
Road No. 170, and the Alborz Tracts, 5 84 00.00 feet to
the northeast corner of the herein described tract of land:
THENCE leaving County Road No. 170, and crossing the Alborz Tracts.
the following three (3) courses:
1. S 05 ° 26'15•W 149.96 feet, to the southeast corner of the herein
described tract of land;
2. N 84 ° 33 . 45•W 80.00 feet, to the southwest corner of the herein
described tract of land: and
3. N 05 149.99 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 0.275 of an acre, more
or less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
M chael McMinn, Jr., - .P.L.S. No. 4267
McMinn Land Surveying •moony
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM HARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No. : 012294
LNDABSR
STATE OF TEXAS
COUNTY OF WILLIAMSON
That Organized and existing under the laws of the State of Texas, acting herein by
and through its Being the holder of a lien by way of Recorded in
Volume Page of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of Acres of land situated in the
City of Round Rock, Williamson County, Texas, and does further hereby join, approve, and consent
to all provisions shown herein.
(Name of Lienholder)
By:
, its
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of 199_,
b y , of on behalf of said
Notary Public, State of Texas
Printed Name:
My commission expires:
Stendeb,Whibltb doe
EXHIBIT B
EXHIBIT C
GATTL5 SCHOOL ROAD
ZONING TRACT NO.
DESCRIPTION OF 18.32 ACRES, MORE OR LESS, OP LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, , IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION or THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the northwest line the aforereferenced Alborz
Tracts, same being the southeast line of that 5.00 acre tract of land
described in a deed dated November 20, 1974 from Earthel C.
Henderson, et nx, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 29 ° 08'45 "E 212.08 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill
Tract, and crossing the Alborz Tracts, the following nine (9)
courses:
1. N 74 ° 09'30 "E 992.62 feet to the beginning of a right breaking
curve; --
2. with said right breaking curve having a radius length of 1050.00
feet, an arc length of 687.77 feet, and a chord which bears
N 84 ° 49'15•8 683.82 feet; ..
3. S 84 ° 33'45•E 15.08 feet to the northeast corner of the herein
described tract of land;
4. S 05 • 26'15•8 20.00 feet;
5. S 01 ° 04'15•E 40.00 feet to a right breaking curve;
6. with said right breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
S 29 08'15 259.3 feet;
7. S 49 "W 164.67 feet to the beginning of a left breaking
curve:
8. with said left breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
S 37 ° 30'00•W 233.85 feet: and
9. S 24 ° 19'15 "W 373.05. feet to a point in the south line of the
Alborz Tracts, same being the north line of that 17 acre tract
of Land described in a deed dated February 17, 1967, from James
A. Eichelberger, Jr., to Edgar S. Daugherty, as recorded in
Volume 517, Page 445 of the Williamson County Deed Records, for
the southeast corner of the herein described tract of lend;
THENCE with the common line of the Alborz tracts and the
aforereferenced Daugherty Tract, N 65 ° 40'45 "W 1253.66 feet to an
iron rod found for the southwest corner of the Alborz Tracts, same
being the north corner of the Daugherty Tract, and being the southwest
corner of the herein described tract of land;
THENCE leaving the Daugherty Tract, with the common line of the Albers
Tracts, and the Gill Tract, N 29'08'45' E 81.55 feet to the PLACE
OF BEGINNING. There are contained within these metes and bounds.
18.32 acres, more or less. of lend area, as described from record
information and measurements made on the ground on January 8, 1994 by
McMinn Land .Sp rveying Company of Austin, Texas.
. Michael McMinn. Jr., R.P.L.S. Mo. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 75759
(512) 343 -1970
DATE : August 30, 1995
SURVEY WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY :_ Williamson. Texas.
J.O. No.
LNDADSR
: 012294
ZONING TRACT NO. 2
DESCRIPTION OF 17.26 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFPICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, Same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James E.
E ichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Dead Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
Corner of the Alborz Tracts bears N 65 1253.66 feet, and
N 29'08'45 • E 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following nine
(91 courses:
1. N 24'19'15 "E 373.05 feet to the beginning of a right breaking
curve;
2. with said right breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
N 37 233.85 feet;
3. N 49 164.67 feet to the beginning of a left breaking
curve;
4. with said left breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
N 29 259.34 feet;
5. N 01 40.00 feet;
6. N 05'26'15 °E 20.00 feet to the northwest corner of the herein
described tract of land:
7. 5 84'33'45'5 575.92 feet to the northeast corner of the herein
described tract of land;
8. S 13'48'45•5 154.50 feet
9. 5 47'00'00'W 73.27 feet;
10. 5 28'27'45•w 205.49 feet;
11. S 29'28'00 °W 335.74 feet;
12. S 37 ° 16'30'W 81.69 feet;
13. S 04 ° 45'15 . W 25.85 feet;
14. S 22'47'00'4 136.53 feet;
15. S 21 27.41 feet;
16. S 20 ° 34'00 "E 66.63 feet;
17. S 26 62.30 feat; and
18. 5 42 ° 27 . 15 "w 160.00 feet to a point in the south line of the
Alborz Tracts, same being the north line the aforereferenced
Daugherty Tract, and being the southeast corner of the herein
described tract of land;
THENCE with the common line of the Aborz Tracts and the Daugherty
Tract, N 65 ° 40'4S9W 696.61 feet to the PLACE OP BEGINNING. There
are contained within these metes and bounds, 17.26 acres. more or
leas, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
Michael McMinn, Jr R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LNDAESR
012294
PLUS 0.275 ACRES DESCRIBED ON THE ATTACHED
ZONING TRACT NO. 2 CONTINUED
DESCRIPTION OF 0.275 OF AN ACRE, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION
AND AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472,
PAGE 411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIANSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforere£erenced Alborz Tracts, for the
northwest corner of the herein described tract of land, from which, an
iron rod found for the northwest corner of the Alborz Tracts bears
N 84 ° 32'00 "W 15.00 feet, S 87 ° 11'30 "W 575.94 feet, S 76 ° 32'28'8
165.55 feet, and S 74 ° 09'35 "W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common line of County
Road No. 170, and the Alborz Tracts, S 64 ° 32'00 "E 80.00 feat to
the northeast corner of the herein described tract of land;
THENCE leaving County Road No. 170, and crossing the Alborz Tracts,
the following three (3) courses:
1. S 05 ° 26'15 "W 149.96 feet, to the southeast corner of the herein
described tract of land;
2. N 84'33'45•8 80.00 feet, to the southwest corner of the herein
described tract of land; and
3. N 05 "26'15 "E 149.99 feet to the PLACE OP BEGINNING. There are
contained within these metes and bounds, 0.275 of an acre, more
or less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
heel McMinn, Jr., - .P.L.S. No. 4267
McMinn Land Surveying ompany
4210 Spicewood Springs Road, Suite 201
Austin. Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson. Texas.
J.0. No. : 012294
LNDABSR
1. N 42 ° 27 . 15 "E 160.00 feet
ZONING TRACT NO. 3
DESCRIPTION OF 27.48 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY. TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBGRZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James K.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 64 1950.27 feet, and
N 29 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following twelve
(12) courses: �-
2. N 26'50 "E 62.30 feet:
3. N 20 ° 34'00 "W 66.63 feet;
4. N 21 ° 50'15•W 27.41 feet;
5. N 22 ° 47'00 "E 136.53 feet;
6. N 04 25.85 feet;
7. N 37 81.69 feet:
8. N 29 335.74 feet;
9. N 28 °E 205.49 feet;
10. N 47 ° 00'00•E 73.27 feet: ""
11. N 13 "W 154.50 feet to the northwest corner of the herein
described tract of land;
12. S 84 1003.37 feet to the southeast line of the Alborz
Tract, same being the northwest line of Schultz Lane, for the
east corner of the herein described tract of land;
THENCE with the common line of Schultz Lane and the Alborz Tracts, the
following four (4) courses:
1. with a right breaking curve having a radius length of 556.60
feet, an arc length of 105.65 feet, and a chord which bears
S 23 ° 51'34 °W 105.49 to an iron rod found;
2. S 29 ° 20 . 55"W 164.28 feet to an iron rod found;
3. S 23'20' W 39.59 feet to an iron rod found; and
4. S 29 ° 16'20" W 1270.12 feet to a concrete monument found for the
south corner of the Alborz Tracts. same being the east corner of
the aforereferenced Daugherty Tract, and being the south conrer
of the herein described tract of land;
THENCE leaving Schultz Lane , with the common line of the Alborz
Tracts and the aforerefereneed Daugherty Tract, N 65 796.42
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 27.48 acres, more or less, of land area, as
described from record information and measurements made on the ground
on January 8. 1994 by McMinn Land Surveying of Austin, Texas.
is iael IlChinn, Jr., R. No. 4267
McMinn Land Surveying Co ny
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.0. No. 012294
LNDAFSR
ZONING TRACT N0. X
DESCRIPTION OP 5.676 ACRES, MORE OR LESS, OF LAND AREA, IN THE C.B.
ROME SURVEY, ABSTRACT N0. 871, AND THE WILLIAM BARKER SURVEY ABSTRACT
NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OP THOSE TRACTS
OF LAND CONVEYED TO ALBORE CORPORATION AND AUSTIN CUSTOM HOME
BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE 411, AND VOLUME
2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of County Road No.
170, for the northwest corner of the aforereferenced Alborz
Corporation Tract, same being the east corner of that 5.00 acre tract
of land described in a deed dated November 20, 1974 from Barthel C.
Henderson, et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill
Tract, with the common line of County Road No. 170, and the Alborz
Corporation Tract, the following three (3) courses:
1. N 74 ° 09'30'E 842.72 feet to an iron rod found at the beginning
of a right breaking curve;
2. with said right breaking curve having a radius length of 2000.00
feet, an arc length of 743.54 feet, and a radius which bears N
84 "E 739.26 feet to a P.K. nail found in rock; and
3. S 84 ° 32'00 °E 15.00 feet to the northeast corner of the herein
described tract of land;
THENCE leaving County Road No. 170, and crossing the Alborz
Corporation Tract, the following four (4) courses:
1. S 05 ° W 149.99 feet to the doutheast corner of the herein
described tract of land;
2. N 84 15.08 feet to the beginning of a left breaking
curve;
3. with said left breaking curve having a radius length of 1850.00
feet, an arc length of 687.77 feet, and a radius which bears S
84 683.82 feat; and
4. S 74 ° 09'30 ° W 992.62 feet to the southwest corner of the herein
described tract of land, being in the southeast line of the
aforereferenced Gill Tract, same being the northwest line of the
Alborz Corporation Tract;
THENCE with the common line of the Alborz Tract and the Gill Tract, M
29 ° E 212.08 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 5.676 acres, more or less, of
land area. as described from record information and measurements made
on the ground on January 8, 1994 by McMinn Land Surveying Company of
Austin, Texas.
el McMinn, Jr , R.P.L.S. No. 4267
McMinn Land Survey g Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August J0, 1995
SURVEY : C. E. ROWE SURVEY, ABSTRACT NO. 871,
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314,
WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LNDAASR
: 012294
ZONING TRACT NO. Y
DESCRIPTION OF 5.191 ACRES, MORE OR LESS, OP LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472, PAGE
411. AND VOLUME 2495, PAGE 257. OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170. same
being the north line of the aforereferenced Alborz Tracts, for the
easterly northwest corner of the herein described tract of land, from
which. an iron rod found for the northwest corner of the Alborz Tracts
bears N 84 ° 32'O0 "W 95.00 feet, S 87 ° 11'30 "W 575.94 feet, 5 76 ° 32'
289W 165.55 feet, and S 74 ° 09'35 "W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common line of County
Road No. 170, and the Alborz Tracts. the following five 15) courses:
1. 5 84 ° 32'00 "E 279.22 feet to an iron rod found:
2. 5 84 ° 31'30 "E 116.80 feet to an iron rod found;
3. S 84 ° 34'30"E 539.10 feet to an iron rod found;
4. 5 84 ° 35'05 "E 110.00 feet to an iron rod found:
5. S 84 ° 34'15" E 443.21 feet to an iron rod found at the beginning
of a right breaking curve, at the intersection of the south line
of County Road No. 180 and the west line of the Schultz Lane.
for the northeast corner of the Alborz Tracts. same being the
northeast corner of the herein described tract of land;
THENCE leaving County Road No. 170, with the common line of Schultz
Land and the Alborz Tracts, the fS'Ilowing two (2) courses:
1. with a right breaking curve having a radius length of 25.00
feet, an arc length of 39.18 feet, and a chord which bears S 40"
03'00"E 35.29 feet to an iron rod found at a point of compound
curvature;
2. with a right breaking curve having a radius length of 556.86
feet. an arc Length of 126.34 feat, and a chord which bears S
11 ° 44'30" W 126.07 feat to the southeast corner of the herein
described tract of Land;
THENCE leaving Schultz Land, and entering crossing the Alborz Tracts.
the following two (21 courses.
1. N 84 ° 33'45 "W 1499.29 feet to the southwest corner of the herein
described tract of land: and
2. N 0S ° 26'15"E 149.96 feet to the PLACE OP BEGINNING. There are
contained within these metes and bounds, 5.191 acres, more or less, of
land area, as described from record information and measurements made
on the ground on January 8. 1994 by McMinn Land Surveying Company of
Austin, Texas.
Michael McMinn, Jr. - .9.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT N0. 107.
COUNTY Williamson, Texas.
J.0. No.
LNOACSR
012294
EXHIBIT D
DEVELOPMENT STANDARDS
SMALL LOT SINGLE FAMILY
1. PERMITTED USE: Single Family residential.
2. DENSITY:
2.1 Minimum lot size: 5,000 square feet.
2.2 Minimum lot frontage: 50 feet (measured at the front
building line).
3. BUILDINGS SETBACKS
3.1 Front yard: 15 feet from the front property line
3.2 Rear yard: as specified in the SF -2 zoning district.
3.3 Side yard: as specified in the SF -2 zoning district.
3.4 Garages: All garages must be a minimum of 20 feet from
the property line, unless a side entry garage format is
utilized.
4. STREETS AND UTILITIES:
4.1 Access: The Owner shall restrict access to Louis Henna
Blvd. to two access points approved by the Director of
Planning. The entry road shall be designed with a
divided, landscaped island measuring a minimum of 10 feet
by 50 feet, to be maintained by a Homeowner's
Association. Any other entry structures must be approved
by the Director of Public Works and the Director of
Planning. No residential streets shall access Louis Henna
Boulevard.
4.2 Cul - de - sac length: The maximum cul -de -sac length may be
waived in order to limit access to the Arterial roadway,
but must still obtain approval of the Director of Public
Works and Fire Chief at platting.
4.3 Underground Electric and Utility Lines: Except where
approved in writing by the Director of Public Works all
K: \SEP \SP RI14GG1. 8xf/ca
electrical, telephone and cable vision distribution and
service lines, other than currently existing overhead
lines and lines three phase or larger shall be installed
underground. No rooftop or anchored antennas shall be
allowed. Individual satellite dishes less than 36" in
diameter are not prohibited.
5. FENCING OR BERMING:
5.1 Perimeter Fencing along Louis Henna Blvd. and Schultz
Lane: All perimeter fencing or berming along Louis Henna
Blvd. and Schultz Lane shall be constructed and accepted
as part of the normal subdivision improvements with all
berms a minimum of three feet in height and landscaped
with pampas grass planted 10 feet on center.
5.2 Perimeter Fencing: All perimeter fences shall be
constructed with wood, woodcrete, iron, masonry, vinyl -
coated chain link with decortive vinyl posts or a
combination thereof. If vinyl- coated chain link is
utilized, it shall be accompanied by planting
Pyrincanthia, Coral Honeysuckle, Confederate Jasmine or
other similar plant approved by the Director of Planning.
These plants shall be spaced 10 feet on center if 5
gallon plants are utilized or 6 feet on center if 3
gallon plants are utilized. Plants shall be placed on the
inside of the fence to ensure maintenance by the
homeowners.
5.3 Fence Supports: All supports shall be constructed of
masonry or rust resistant iron or steel, anchored in
concrete. The finished side of perimeter fencing shall
face the outside of the development.
5.4 Approval by Director of Planning: Fence construction
plans shall be approved by the Director of Planning prior
to construction of perimeter fencing to ensure stability,
durability and aesthetics.
6. LANDSCAPING:
Each builder, prior to issuance of Certificate of Occupancy,
shall plant two trees within the building setback area of the
front yard. These trees shall be a minimum of one and one -half
inch (1 -1/2 ") caliper container grown and may be a mixture of
any of the following trees: all variety of oaks, elms, pecan
2.
1. PERMITTED USES:
EXHIBIT E
DEVELOPMENT STANDARDS
BUSINESS PARK
1.1 Primary Uses: Including, but not limited to, office,
office /warehouse, research & development, technical schools,
light manufacturing and assembly, conducted wholly within a
building.
1.2 Secondary uses: Including, but not limited to, caretakers
residence, the sale of goods produced or assembled on site,
day care and other employee services.
2. PROHIBITED USES: Including, but not limited to, automotive and
machinery repair, automotive and machinery painting, wrecking
yard, sexually oriented businesses, transmission and
communication towers, trucking depots, bulk distribution
centers and mini - warehouses.
3. OUTDOOR STORAGE: Outdoor storage of materials or equipment and
loading docks shall provide a visual screen from abutting
properties or city streets. All screening shall be approved by
the Director of Planning prior to construction.
4. INTERPRETATION OF USE: Interpretation of uses not clearly
permitted or prohibited shall be made in writing by the
Director of Planning. A copy of interpretations shall be
provided to the owner and the City Building Inspector.
5. DENSITY: Minimum lot size one (1) acre.
6. BUILDINGS SETBACKS:
6.1 Front yard - 50 feet.
6.2 Rear yard - 25 feet.
6.3 Side yard (internal) - 25 feet.
6.4 Side yard (street) - same as front yard.
4.
7. SIGN REGULATIONS:
7.1 All freestanding signs shall be monument signs.
7.2 Freestanding signs shall not exceed six feet in height.
7.3 Freestanding signs shall not restrict visibility for
traffic entering or leaving the site.
7.4 One freestanding sign shall be permitted for lots of less
than three acres in size. The maximum area of the sign,
defined as the area contained within a polygon containing
the actual lettering and any logo, shall be fifty square
feet. Portions of the masonry structure on which the sign
is located are not counted as part of the fifty square
feet provided they are not contained_u}thin the polygon.
7.5 Additional freestanding monument signs shall be permitted
for lots of three acres or larger in accordance with the
regulations contained in the City Sign Ordinance.
7.6 Directional signs solely for the purpose of directing
traffic or identifying buildings and facilities shall be
permitted provided they are restricted to a size required
for their function as determined by the Director of
Planning.
8. LANDSCAPING & BUFFERING:
8.1 If any visitor parking is provided in any front yard,
then a landscaped berm shall be installed in accordance with
the following design standards:
8.1.1 The height of the berm shall be a minimum of
three feet in height and be landscaped to
provide a complete visual screen of any
parking, loading or storage areas. A site plan
shall be approved by the Director of Planning
prior to the issuance of any building permit.
The Director of Planning shall review the
landscaping, elevations and abutting uses to
ensure that the required visual screen will be
provided. Trees shall be planted no less than
thirty feet apart.
8.2 Trees shall be planted in all street yards. Said trees
shall have a minimum caliper of two inches and a minimum
height of six feet for softwoods and eight feet for
5.
hardwoods. Trees shall consist of a mix of hardwoods and
softwoods to provide for both rapidly growing and slower
growing species.
8.3 A minimum of 75 percent of required front yards and side
street yards shall be landscaped, excluding driveways.
9. PARKING & LOADING REQUIREMENTS:
9.1 Parking and loading shall be provided in accordance with the
current standards set forth in the Code.
9.2 No parking or loading shall be permitted in any required front
yard or street side yard, except that visitor parking may be
permitted in up to twenty -five percent of the streetyard if a
landscaped screen & berm is first approved in writing by the
Director of Planning and is installed in accordance with
Section 8.1, above.
6.
2. DENSITY AND HEIGHT:
EXHIBIT F
DEVELOPMENT STANDARDS
MULTI - FAMILY RESIDENTIAL
1. PERMITTED USE: Apartments and Condominiums.
2.1 Twenty (20) units per acre, provided all other
requirements of this Agreement are met.
2.2 Allowed height 3 stories.
3. BUILDINGS:
3.1 Setbacks:
3.1.1
3.1.2
3.1.3
3.1.4
Front yard 50 feet.
Rear yard 25 feet.
Side yard (interior) 25 feet.
Side yard (street) 50 feet.
3.2 Carports: Carports may be constructed, provided the
design is first approved by the Director of Planning.
Carports shall meet the following setback requirements;
3.2.1 Front yard - 25 feet.
3.2.2 Rear yard - 5 feet from the edge of the roof.
3.2.3 Side yard (interior) - 5 feet from the edge of
the roof.
3.2.4 Side yard (street) - 25 feet from the edge of
the roof.
4. ACCESS: Driveway access points shall contain a divided drive
with a landscaped median separating ingress and egress lanes
with each a minimum of 24 feet wide.
7.
5. RECREATIONAL AMENITIES: The following private recreational
facilities shall be provided on site in lieu of parkland
dedication:
5.1 One swimming pool, a minimum of 500 square feet.
5.2 A clubhouse with a minimum of 1,000 square feet plus
sales leasing and office space.
6. PARKING REQUIREMENTS: Parking shall be provided as follows:
6.1 Efficiency units - 1.5 spaces.
6.2 One bedroom units - 1.5 spaces.
6.3 Two bedroom units - 2.0 spaces.
6.4 Three bedroom units - 3.0 spaces.
6.5 Additional guest spaces shall be provided in a number
equal to five percent of the number of parking spaces
required for the total number of units.
6.6 All parking spaces shall be a minimum of nine feet (9')
wide.
6.7 No recreational vehicles, boats of trailers shall be
allowed to be parked in any street yard.
7. LANDSCAPING & BUFFERING:
7.1 Trees: Trees shall be planted in all street yards in
accordance with the following standards:
7.1.1 One tree for each (25) feet of frontage.
7.1.2 Each tree shall have a minimum caliper size of
two inch and a minimum height of six feet for
softwoods and eight feet for hardwoods. Trees
shall be alternated between hardwoods and
softwoods.
7.2 Maintenance: All landscaping shall be maintained and
irrigated by the property owner or a property owners
association which has been approved by the City Attorney.
8.
7.3 Berms: A landscaped berm with a minimum height of three
(3) feet shall be provided adjacent to all public
streets.
8. FENCING:
8.1 Perimeter Fencing: All perimeter fencing or berming
shall be constructed and accepted as part of the normal
subdivision improvements with all berms a minimum of three
feet in height and landscaped with pampas grass planted 8 feet
on center.
8.2 Perimeter Fence Construction: All perimeter fences
shall be constructed with wood, woodcrete, iron, masonry,
vinyl- coated chain link with decorative vinyl posts or a
combination thereof. If vinyl- coated chain —link is utilized,
it shall be accompanied by planting Pyrincanthia, Coral
Honeysuckle, Confederate Jasmine or other similar plant
approved by the Director of Planning. These plants shall be
spaced 8 feet on center if 5 gallon plants are utilized or 5
feet on center if 3 gallon plants are utilized. Plants shall
be placed on the inside of the fence to ensure maintenance by
the homeowners.
8.3 Fence Supports: All supports shall be constructed of
masonry or rust resistant iron or steel, anchored in concrete.
The finished side of perimeter fencing shall face the outside
of the development.
8.4 Approval by Director of Planning: Fence construction
plans shall be approved by the Director of Planning prior to
construction of perimeter fencing to ensure stability,
durability and aesthetics.
9. SIGNS:
9.1 All signs shall be masonry monument signs.
9.2 Signs shall not exceed six feet in height.
9.3 Signs shall not restrict visibility for traffic entering
or leaving the site.
9.4 One sign shall be permitted at each entrance to the site.
The maximum area of each sign, defined as the area
contained within a polygon containing the actual
lettering and any logo, shall be fifty square feet.
9.
Portions of the masonry structure on which the sign is
located is not counted as part of this fifty feet
provided it is not contained within the polygon.
9.5 Directional signs solely for the purpose of directing
traffic or identifying buildings and facilities shall be
permitted provided they are restricted to a size required
for their function as determined by the Director of
Planning.
10. NEIGHBORHOOD BOX UNITS: A postal delivery facility shall be
provided and shall include parking and shall be handicapped
accessible.
11. DEVELOPMENT REVIEW BOARD (DRB): A site plan shall be approved
by the City DRB prior to the issuance of a. building permit.
The DRB shall review the site plan for compliance with the
provisions of this agreement and other Code requirements.
10.
EXHIBIT G
1. SINGLE FAMILY LOTS: The following items shall be included in
the restrictive covenants which shall be recorded with a final
plat for Single Family lots.
1.1 Amendment: This Declaration may be amended by recording
in the Williamson County Real Property Records an
instrument executed and acknowledge by the President and
Secretary of the Association setting forth the amendment
and certifying that such amendment has been approved by
Owners of at least two thirds (2/3) of the number of Lots
entitled to be cast, and the Mayor on behalf of the Round
Rock City Council as any amendment pertains to any item
in this exhibit.
1.2 Garages and Driveways: All garages shall comply with all
other restrictions, covenants, conditions and limitations
on usage herein provided for other improvements in the
Subdivision. All garages shall be suitable for not less
than two (2) automobiles. All garages shall consist of
enclosed structures and no carports shall be permitted on
any Lot. The location of all driveway cuts shall be
subject to the City of Round Rock Building Codes. All
driveways shall be constructed of concrete. All driveways
shall be a minimum width of sixteen (16) feet. No garages
shall be converted into bedrooms, dens, studios or any
living areas for the occupants; provided however, that
builders may temporarily convert the garage of a model
home, but the City of Round Rock shall not be obligated
to issue a certificate of occupancy, or permanently
provide utilities until said garage is re- converted for
the parking of automobiles.
1.3 Masonry Requirements: Each Single Family dwelling
constructed shall have at least seventy five percent
(75%) of its exterior walls of the first floor and the
front wall of the second floor of a two story structure
constructed of stone, stucco or masonry construction. In
computing these percentages (1) all gables shall be
excluded from the total area of exterior walls; (2) all
windows and door openings shall be excluded from the
total area of the exterior walls; (3) masonry used on
walls of an attached garage, fireplace or chimney may be
included in the computation as masonry used; and (4)
"Hardi plank" products may be included in the computation
11.
•
as masonry used, but shall not be used on the front face
of the lower floor; (5) all front walls shall be 100%
masonry.
1.4 Roofing Materials: All roofing material shall meet or
exceed 20 year warrant composition shingles. Non -
reflective metal, tile or other similar quality materials
are acceptable.
1.5 Antennas: No exterior radio, television antenna,
satellite dishes or aerial shall be erected or maintained
without prior written approval of the City of Round Rock
Director of Planning. Individual satellite dishes less
than 36" in diameter are not prohibited.
1.6 Signs: All entry monumentation shall—be constructed of
low maintenance materials approved -in advance by the
Director of Planning. In the event that the sign is not
properly maintained, the City may give the sign owner
written notice that repairs must be made within 14
business days of notification or the City shall have the
right, but not the obligation, to have the repairs made
and charged to the owner.
Prohibited signs include bench signs, billboards,
signs with flashing or blinking lights or
mechanical movement, dayglo colors, signs that make
or create noise, animated or moving signs, exposed
neon illumination, painted wall signs, pennants,
trailer signs, signs with beacons, and any sign
that obstructs the view in any direction of an
intersection. Appropriate materials shall be made
of masonry with a maximum height of six feet.
The Property Owners Association shall own and
maintain all entry signs.
1.7 Responsibility of Property Owner's Association: The
Property Owners Association shall be the entity
responsible for enforcing the deed restrictions and
restrictive covenants. Although the City reserves the
right to enforce any provisions required by the Planned
Unit Development, it is not the intent of the City to
assume responsibilities normally reserved to the Property
Owners.
1.8 Prohibition of Boats, Etc. All boats, recreational
vehicles, motor and trailer homes, and semi - trailers
12.
shall not be located in the front yard or side yard of
any building, or parked on any street within the PUD.
2. MULTI FAMILY LOTS: The following items shall be included in
the restrictive covenants which shall be recorded with a final
plat for Multi Family lots:
2.1 Amendment: This Declaration may be amended by recording
in the Williamson County Real Property Records an
instrument executed and acknowledge by the sole owners or
if the development is a condominium by the President and
Secretary of the Association setting forth the amendment
and certifying that such amendment has been approved by
Owners of at least two thirds (2/3) of the number of Lots
entitled to be cast, and the Mayor on behalf of the Round
Rock City Council as any amendment .pertains to any item
in this exhibit.
2.2 Masonry Requirements: Each Building constructed shall
have at least eighty percent (80 %) of its exterior walls,
facing a public street, constructed of stone or masonry
construction. In computing these percentages (1) all
gables shall be excluded from the total area of exterior
walls; (2) all windows and door openings shall be
excluded from the total area of the exterior walls; (3)
masonry used to a fireplace or chimney may be included in
the computation as masonry used; and (4) Stucco and all
"Hardi plank" products may be included in the computation
as masonry used.
2.3 Roofing Materials: All roofing materials shall meet or
exceed 20 year warranty composition shingles. Non -
reflective metal, tile or similar quality materials are
acceptable.
2.4 Antennas: No exterior radio, television antenna,
satellite dishes or aerial shall be erected or maintained
without prior written approval of the City of Round Rock
Director of Planning.
2.5 Signs: All entry monumentation shall be constructed of
low maintenance materials approved in advance by the
Director of Planning. In the event that the sign is not
properly maintained, the City may give the sign owner
written notice that repairs must be made within 14
business days of notification or the City shall have the
right, but not the obligation, to have the repairs made
and charged to the owner.
13.
"
Prohibited signs include bench signs, billboards,
signs with flashing or blinking lights or
mechanical movement, dayglo colors, signs that make
or create noise, animated or moving signs, exposed
neon illumination, painted wall signs, pennants,
trailer signs, signs with beacons, and any sign
that obstructs the view in any direction of an
intersection. Appropriate materials shall be made
of masonry with a maximum height of six feet.
The Property Owners Association shall own and
maintain all entry signs.
14.
Doc# 9552039
# Pages: 45
Date : 11 -17 -1995
Time : 02:02:44 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK.
Rec. $ 97.00
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CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
K, \sEPDDS \SPRING.ORDkdc
0R50928J
ORDINANCE NO. Z 95 0 7
AN ORDINANCE AMENDING ORDINANCE NO.Z- 94- 10- 27 -9D,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
OCTOBER 27, 1994, BY DELETING EXHIBIT "B" TO SAID
ORDINANCE, THE DEVELOPMENT PLAN OF PUD NO. 15, AND
REPLACING IT WITH A NEW EXHIBIT "B ", ENTITLED AN
AGREEMENT AND DEVELOPMENT PLAN FOR PUD NO. 15,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
•
WHEREAS, on October 27, 1994, the City Council of the City
of Round Rock, Texas, adopted Ordinance No. Z- 94- 10- 27 -9D, which
established PUD No. 15, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to delete Exhibit "B" of said
Ordinance, and replace it with a new Exhibit "B ", and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z- 94 -10-
27-9D on the 6th day of September, 1995, following lawful
publication of said public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. Z- 93- 12 -09 -9F be amended, and
WHEREAS, on the 14th day of September, 1995, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z- 94- 10- 27 -9D, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z- 94- 10 -27 -9D promotes the health,
safety, morals and general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211,
Sub - Chapter A., Texas Local Government Code, and Section 11.300,
Code of Ordinances, 1990 Edition, City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council hereby determines that the proposed
amendment Ordinance No. Z- 94- 10- 27 -9D, creating Planned Unit
Development (PUD) District #15 meets the following goals and
objectives:
(1) The amendment to P.U.D. #15 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) The amendment to P.U.D. #15 is in harmony with the
general purposes, goals, objectives and standards of the
General Plan.
(3) The amendment to P.U.D. #15 does not have an undue
adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
II.
That Exhibit "B" of Ordinance No. Z- 94- 10- 27 -9D, is hereby
deleted in its entirety and replaced with a new Exhibit "B ",
2.
entitled an Agreement and Development Plan for PUD No. 15, which is
attached hereto and incorporated herein.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this ordinance
shall not invalidate other sections or provisions thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for reading
this ordinance on two separate days was dispensed with. Q
READ, PASSED, and ADOPTED on first reading this �U — L day of
1995.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1995.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
ATTEST:
ANNE LAND, City Secretary
CHARLES CULRN PER, Mayor
City of Round Rock, Texas
3.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR SPRINGRIDGE
PUD NO. 15
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City "), and THE
ALBORZ CORPORATION and AUSTIN CUSTOM HOME BUILDERS JOINT VENTURE,
their respective successors and assigns, having its offices at 4210
Spicewood Springs Road, Suite 209, Austin, Texas 78759 (hereinafter
referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to re-
zone 63.33 acres of land, more or less, as a Planned Unit
Development ( "PUD "), said acreage being more particularly described
by metes and bounds in Exhibit "A" attached hereto and made a part
hereof (hereinafter referred to as the "Property "), and
WHEREAS, on September 20, 1995, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
This Agreement amends Planned Unit Development No. 15 and
10.867 acres (shown as Tracts X and Y on Exhibit "C ") remain
zoned for commercial use in accordance with the Agreement and
Development Plan attached to City of Round Rock Ordinance No.
Z- 94- 10 -27 -9D and recorded in Volume 2638, Page 699, Official
Records, Williamson County, Texas. The remaining 63.33 acres
of that agreement are replaced by this Agreement and all uses
and development within said Property shall conform to the
Development Plan included in Section II herein.
K: \ORDINANC \SPRING.WPD /Cdc
I.
GENERAL PROVISIONS
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.15 below are followed.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4 LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "5 ".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld. This section shall not prevent the
Owner from conveying the property, together with all
development rights and obligations contained in this
Agreement and Development Plan.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
2.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER
Alborz Corporation
4210 Spicewood Springs Road
Suite 209
Austin, Texas 78759
Attn: Mike Hassibi
5.10 Effective Date.
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
3.
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
1. DEFINITIONS
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
2. PROPERTY
This Development Plan ( "Plan ") covers 63.33 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto and incorporated herein.
3. PURPOSE
II.
DEVELOPMENT PLAN
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
The property listed below shall be used and developed as
follows and shall conform to all requirements as set forth in
4.
this Agreement and Plan and, if not set forth herein, by
applicable sections in the Code:
5.1 Parcel One
The permitted uses of Parcel One, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (MF) Multi -
Family Residential, except as modified in Exhibit "F ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
5.2 Parcel Two
The permitted uses of Parcel Two, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (SF -2) Single
Family Residential, except as modified in Exhibit "D ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
5.3 Parcel Three
6. LOT SIZES
The permitted uses of Parcel Three, more particularly
described in Exhibit "C ", attached hereto and
incorporated herein, shall be either as (SF -2) Single
Family Residential, except as modified in Exhibit "D ",
attached hereto and incorporated herein, or as (I -2)
Industrial Park, except as modified in Exhibit "E ",
attached hereto and incorporated herein, but not both.
The minimum lot size for Parcels Two and Three shall be as
modified in Exhibits "D" and "E ", attached hereto, as
applicable to each parcel and its designated use.
7. BUILDINGS
Building size, dimension, height, and setbacks for all parcels
shall be as modified in Exhibits "D ", "E" and "F ", attached
hereto, as applicable to each parcel and its designated use.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibits
"D", "E" and "F", attached hereto, as applicable to each
parcel and its designated use.
9. SIDEWALKS
All sidewalks shall be constructed pursuant to Section 8.604
of the Code, except sidewalks shall not be required along
Louis Henna Boulevard or Schultz Lane.
5.
10. UTILITIES
10.1 Public Improvement District
The Property is included within the Southeast Public
Improvement District, which was created to construct a 16
inch waterline loop connecting an existing 16 inch
waterline in Louis Henna Boulevard to a 16 inch waterline
in High Country Boulevard. The City of Round Rock shall
make its best efforts to design and commence construction
of the 16 inch waterline within thirty (30) days after
final adoption of the Southeast Public Improvement
District.
10.2 Water and Wastewater Line Capacity
The creation of the Southeast Public Improvement
District will accommodate approximately 336 Living Unit
Equivalents (LUE's) within the PUD. Living Unit
Equivalents shall be calculated as follows:
Single family residence: 1.0 LUE
Apartment of Condominium unit: 0.5 LUE
Business park: 2.4 LUE /acre
Commercial: 2.4 LUE /acre
11. AMENITY AREAS FOR PARCEL ONE, IF SINGLE FAMILY
RESIDENTIAL
Private amenity areas may be developed, owned and maintained
by the Owner or a Property Owner's Association and such
amenities other than swimming pools and buildings may be
located within the 100 year flood plain, provided said
construction is approved by the Director of Public Works.
12 CONSTRUCTION
12.1 Access
Approved driveway access to Louis Henna Boulevard from
Parcels One, Two and Three, as shown on Exhibit "C ",
shall be provided by private access easement across
Parcels X and Y , as shown on Exhibit "C ".
12.2 Utilities
Except where approved in writing by the Director of
Public Works, all electrical, telephone and cablevision
distribution and service lines, other than overhead lines
three -phase or larger, shall be placed underground.
6.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and Public Works.
13.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
13.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
14. PROPERTY OWNER'S ASSOCIATION
14.1 Review and Approval Before Recordation of Final Plat
A Property Owner's Association shall be established at
time of final platting of any Single Family residential
property located within the PUD. The association's
creation documents shall be submitted for review and
approval to the Director of Planning and Community
Development and the City Attorney at the final plat
stage. These documents shall be recorded with the final
plat and shall contain all of the items listed in Exhibit
"G ", attached hereto and incorporated herein, to insure
incorporation of the items listed in Exhibit "G" .
14.2 Responsibilities of Association
In addition to other responsibilities imposed on the
association in this Plan, the association shall be
responsible for maintaining all landscaping, irrigation
systems, greenbelts and amenity areas within the PUD not
dedicated to the City.
14.3 Enforcement of Deed Restrictions
The Property Owner's Association shall be the entity
responsible for enforcing the deed restrictions. Although
the City reserves the right to review, approve and
enforce deed restrictions as well as any amendments or
modifications to the deed restrictions, it is not the
intent of the City to assume responsibilities normally
reserved to a Property Owner's Association.
7.
15. GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect
the provisions of this agreement.
16. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
8.
CITY OF ROUND ROCK
Charles C Mayor
Date: 9 -a8 - ��
By
ALBORZ CORPORATION
By:
MIKE HASSIBI, President
AUSTIN CUSTOM HOME BUILDERS
BY:
RIC •D R. JENK
Managing Vent
EXHIBIT A
TRACT NO. 1
DESCRIPTION OF 18.32 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, . IN WILLIAM50N COUNTY, TEXAS. BEING A
PORTION OF THOSE TRACTS OP LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the northwest line the aforereferenced Alborz
Tracts, same being the southeast line of that 5.00 acre tract of land
described in a deed dated November 20, 1974 from Earthel C.
Henderson, et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 29 ° 08'45'E 212.08 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill
Tract. and crossing the Alborz Tracts, the following nine (9)
conrses:
L. N 74 ° 09'30 "E 992.62 feet to the beginning of a right breaking
. curve;
2. with said right breaking curve having a radius length of 1850.00
feet, an arc length of 687.77 feet. and a chord which bears
N 84 ° 49'15 "E 683.02 feet;
3. S 84 ° 33'45 "E 15.08 feet to the northeast corner of the herein
described tract of land;
4. 5 05 ° 26'15 "W 20.00 feet;
5. S 01 ° 04'15 "E 40.00 feet to a right breaking curve;
6. with said right breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
S 29 08'15'W 259.3 feet;
7. S 49 ° 56'45'W 164.67 feet to the beginning of a left breaking
..; curve;
8. with said left breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
S 37 ° 38'00 "W 233.85 feet: and
9. 0 24 ° 19'15 "W 373.05 feet to a point in the south line of the
Alborz Tracts. same being the north line of that 17 acre tract
of land described in a deed dated February 17, 1967, from James
R. Eichelberger, Jr., to Edgar 5. Daugherty, as recorded in
Volume 517, Page 445 of the Williamson County Deed Records. for
the southeast corner of the herein described tract of land;
THENCE with the common line of the Alborz tracts and the
aforereferenced Daugherty Tract, N 65 ° 40'45'W 1253.66 feet to an
iron rod found for the southwest corner of the Alborz Tracts. some
being the north corner of the Daugherty Tract, and being the southwest
corner of the herein described tract of land;
THENCE leaving the Daugherty Tract, with the common line of the Alborz
Tracts, and the G111 Tract, N 29 E 81.55 feet to the PLACE
OF BEGINNING. There are contained within these metes and bounds.
18.32 acres, more or less, of land area, as described from record
information and measurements made on the ground on January 8, 1994 by
McMinn Land ing Company of Austin, Texas.
. Michael McMinn, Jr., R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No. : 012294
LNDADSR
DESCRIPTION OF 17.26 ACRES, MORE OR LESS, OP LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFPICIAL RECORDS OP WILLIAMSON COUNTY.
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS;
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James E.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65 ° 40 . 45 "W 1253.66 feet, and
N 29'08'45 "E 293.62 feet;
THENCE leaving the PLACE OP BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following nine
(9) courses: _
1. N 24 ° 19'15 "E 373.05 feet to the beginning of a right breaking
curve:
2. with said right breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
N 37 ° 38'00 "E 233.85 feet;
3. N 49 ° 56'45 "W 164.67 feet to the beginning of a left breaking
curve;
1. with said left breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which beers
N 29 ° 08'15 "W 259.34 feet;
5. N 01 ° 04'15 "W 40.00 feet;
6. N 05 ° 26'15 "E 20.00 feet to the northwest corner of the herein
described tract of land;
7. S 84 ° 33'45 "E 575.92 feet to the northeast corner of the herein
described tract of land;
8. 5 13 ° 48'45 "E 154.50 feet
9. S 47 ° 00'00'W 73.27 feet;
10. S 28 ° 27'45 "W 205.49 feet;
11. S 29 ° 28'00 "W 335.74 feet:
12. 5 37 ° 16'30'W 81.69 feet;
13. S 04 ° 45'15 "W 25.85 feet;
14. 5 22 ° 47'00 "W 136.53 feet;
TRACT NO. 2
15. S 21 ° 50'15 "E 27.41 feet;
16. S 20 ° 34'00 "E 66.63 feet;
17. S 26 ° 50'30 "W 62.30 feet; and
18. S 42 ° 27'15 "W 160.00 feet to a point in the south line of the
Alborz Tracts, same being the north line the aforereferenced
Daugherty Tract, and being the southeast corner of the herein
described tract of land;
THENCE with the common line of the Aborz Tracts and the Daugherty
Tract, N 65 ° 40'45 "W 696.61 feet to the PLACE OF BEGINNING. There
are contained within these metes and bounds, 17.26 acres, more or
less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
. M chael McMinn, Jr R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE t August 30, 1995
SURVEY t WILLIAM BARKER SURVEY ABSTRACT ND. 107.
COUNTY c Williamson. Texas.
J.O. No.
LNDAESi
z 012294
TRACT NO. 3
DESCRIPTION OF 27.48 ACRES, MORE OR LESS, OF LAND AREA. IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS. BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBOA2 CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OP WILLIAMSON COUNTY.
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND HOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James X.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170. for the northwest
corner of the Alborz Tracts bears N 65 ° 40'45 "W 1950.27 feet, and
N 29 ° 08'45 "E 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following twelve
(12) courses:
1. N 42 "E 160.00 feet
2. N 26 ° 50'30 "E 62.30 feet;
3. N 20 "W 66.63 feet;
4. N 21 ° 50'15'8 27.41 feet;
5. N 22 ° 47'00 "E 136.53 feet;
6. N 04 ° 45'15 "E 25.85 feet;
7. N 37 ° 16'30 "E 81.69 feet;
8. N 29 335.74 feet;
9. N 28 ° 27'45 "E 205.49 feet;
10. N 47 ° 00'00 "E 73.27 feet;
11. N 13 ° 48'45 "W 154.50 feet to the northwest corner of the herein
described tract of land;
12. S 84 ° 33'45 "E 1003.37 feet to the southeast line of the Alborz
Tract, same being the northwest line of Schultz Lane, for the
east corner of the herein described tract of land;
THENCE with the common line of Schultz Lane and the Alborz Tracts, the
following four (4) courses:
1. with a right breaking curve having a radius length of 556.88
feet, an are length of 105.65 feet, and a chord which bears
5 23 ° 51'34 "W 105.49 to an iron rod found;
2. S 29 ° 20'55 "W 164.28 feet to an iron rod found;
3. S 23 ° 20' 8 39.59 feet to an iron rod found; and
4. S 29 ° 16'20" W 1270.12 feet to a concrete monument found for the
south corner of the Alborz Tracts. same being the east corner of
the aforereferenced Daugherty Tract, and being the south conrer
of the herein described tract of land;
THENCE leaving Schultz Lane , with the common line of the Alborz
Tracts and the aforereferenced Daugherty Tract, N 65'40'45 "W 796.42
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 27.48 acres, more or less, of land area, as
described from record information and measurements made on the ground
on January 8, 1994 by McMinn Land Surveying of Austin, Texas.
is :ael McMinn, Jr., R. No. 4267
McMinn Land Surveying Co any
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARRER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.0. No. 012294
LNDAFSR
ZONING TRACT NO. 4
DESCRIPTION OF 0.275 OF AN ACRE. MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION
AND AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472.
PAGE 411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforereferenced Alborz Tracts. for the
northwest corner of the herein described tract of land, from which, an
iron rod found for the northwest corner of the Alborz Tracts bears
N 84 ° 32'00 "W 15.00 feet, S 87 ° 11'30 "W 575.94 feet, S 76 ° 32'28 "W
165.55 feet, and S 74 ° 09 . 35 °W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common line of County
Road No. 170, and the Alborz Tracts, S 84 ° 32'00 "E 80.00 feet to
the northeast corner of the herein described tract of land:
THENCE leaving County Road No. 170, and crossing the Alborz Tracts,
the following three (3) courses:
1. S 0S ° 26'15 "W 149.96 feet, to the southeast corner of the herein
described tract of land;
2. N 84 ° 33'45 "W 80.00 feet, to the southwest corner of the herein
described tract of land; and
3. N 05 ° 26'15 "E 149.99 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 0.275 of an acre, more
or less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
. M chael McMinn, Jr.. - .0.1.0. No. 4267
McMinn Land Surveying ompany
4210 Spicewood Springs Road. Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT N0. 107.
COUNTY : Williamson, Texas.
J.O. No. : 012294
LNDABSR
STATE OF TEXAS
COUNTY OF WILLIAMSON
By:
its
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
Printed Name:
My commission expires:
Sundsta edibiM.doc
EXHIBIT B
That Organized and existing under the laws of the State of Texas, acting herein by
and through its Being the holder of a lien by way of Recorded in
Volume , Page , of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of Acres of land situated in the
City of Round Rock, Williamson County, Texas, and does further hereby join, approve, and consent
to all provisions shown herein.
(Name of Lienholder)
This instrument was acknowledged before me on the day of , 199_,
by , of , on behalf of said
EXHIBIT C
GAT175 SCHOOL ROAD
ZONING TRACT NO. 1
DESCRIPTION OF 18.32 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, . IN WILLIAM50N COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OPFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS
BEGINNING at a point in the northwest line the aforereferenced Alborz
Tracts, same being the southeast line of that 5.00 acre tract of land
described in a deed dated November 20, 1974 from Barthel C.
Henderson, et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 29 ° 08'45 "E 212.08 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill
Tract, and crossing the Alborz Tracts, the following nine 791
courses;
1. N 74'09'30 "E 992.62 feet to the beginning of a right breaking
curve;
2. with said right breaking curve having a radius length of 1850.00
feet, an arc length of 687.77 feet, and a chord which bears
N 84'49'15 "E 683.82 feet;
3. 5 84'33'45 "E 15.08 feet to the northeast corner of the herein
described tract of land;
4. S 05 ° 26'15 "W 20.00 feet;
5. S 01'04'15 "E 40.00 feet to a right breaking curve;
6. with said right breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a Chord which bears
S 29' 08'15 "W 259.3 feet;
7. S 49'56'45 "N 164.67 feet to the beginning of a left breaking
curve;
0. with said left breaking curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
S 37'38'00 "W 233.85 feet; and
9. 5 24'19.15'W 373.05. feet to a point in the south line of the
Alborz Tracts, same being the north line of that 17 acre tract
of land described in a deed dated February 17, 1967, from James
K. Eichelberger, Jr., to Edgar 5. Daugherty, as recorded in
Volume 517, Page 445 of the Williamson County Deed Records, for
the southeast corner of the herein described tract of land;
THENCE with the common line of the Alborz tracts and the
aforereferenced Daugherty Tract, N 65 ° 40'45 "W 1253.66 feet to an
iron rod found for the southwest corner of the Alborz Tracts, same
being the north corner of the Daugherty Tract, and being the southwest
corner of the herein described tract of land;
THENCE leaving the Daugherty Tract, with the common line of the Alborz
Tracts, and the Gill Tract, N 29 ° 08'45" E 81.55 feet to the PLACE
OF BEGINNING. There are contained within these metes and bounds,
18.32 acres, more or less, of land area, as described From record
information and measurements made on the ground on January 8, 1994 by
McMinn Land rveying Company of Austin, Texas.
. Michael McMinn, Jr., R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY :.Williamson, Texas.
J.O. No. : 012294
LNDADSR
ZONING TRACT NO. 2
DESCRIPTION OF 17.26 ACRES, MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT N0. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James A.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65 ° 40'45 "W 1253.66 feet, and
N 29 ° 08'45 "E 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following nine
(9) courses:
1. N 24 ° 19'15 "E 373.05 feet to the beginning of a right breaking
curve;
2. with said right breakinq curve having a radius length of 527.22
feet, an arc length of 235.81 feet, and a chord which bears
N 37 °38.00"E 233.85 feet;
3. N 49 ° 56'45 "W 164.67 feet to the beginning of a left breaking
curve;
4. with said left breaking curve having a radius length of 365.00
feet, an arc length of 265.13 feet, and a chord which bears
N 29 ° 08'15 "W 259.34 feet;
5. N O1 ° 04'15 "W 40.00 feet;
6. N 05 ° 26'15"E 20.00 feet to the northwest corner of the herein
described tract of land;
7. S 84 ° 33'45 "E 575.92 feet to the northeast corner of the herein
described tract of land;
8. S 13 ° 48'45 "E 154.50 feet
9. 5 47 ° 00'00 "W 73.27 feet;
10. S 28 ° 27'45 "W 205.49 feet;
11. 5 29 ° 28'00 "W 335.74 feet;
12. 5 37 ° 16'30 "W 81.69 feet:
13. S 04 ° 45'15 "W 25.85 feet;
14. S 22 ° 47'00 "W 136.53 feet;
15. S 21 ° 50'15 "E 27.41 feet;
16. S 20 ° 34'00'E 66.63 feet;
17. S 26 ° 50.30'W 62.30 feet; and
18. S 42 ° 27'15 "W 160.00 feet to a point in the south line of the
Alborz Tracts, same being the north line the aforereferenced
Daugherty Tract, and being the southeast corner of the herein
described tract of land;
THENCE with the common line of the Aborz Tracts and the Daugherty
Tract, N 65 ° 40'45 "W 696.61 feet to the PLACE OP BEGINNING. There
are contained within these metes and bounds, 17.26 acres, more or
less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
chael McMinn, Jr R.P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.D. No. : 012294
LNDAESR
PLUS 0.275 ACRES DESCRIBED ON THE ATTACHED
Michael McMinn, Jr. '.P.L.S. No. 4267
McMinn Land Surveying ompany
4210 Spicewocd Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
ZONING TRACT N0. 2 CONTINUED
DESCRIPTION OF 0.275 OF AN ACRE, MORE OR LESS, OF LAND AREA, IN THE
WILLIAM BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION
AND AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472,
PAGE 411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforereferenced Alborz Tracts, for the
northwest corner of the herein described tract of land, from which, an
iron rod found for the northwest corner of the Alborz Tracts bears
N 84 ° 32'00 "W 15.00 feet, S 87 ° 11'30 "W 575.94 feet, S 76 ° 32'28 "W
165.55 feet, and S 74 ° 09'35 "W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common line of County
Road No. 170, and the Alborz Tracts, S 84 ° 32'00 "E 80.00 feet to
the northeast corner of the herein described tract of land;
THENCE leaving County Road No. 170, and crossing the Alborz Tracts,
the following three (3) courses:
1. S 05 ° 26'15 "W 149.96 feet, to the southeast corner of the herein
described tract of land;
2. N 84 ° 33'45 "W 80.00 feet, to the southwest corner of the herein
described tract of land; and
3. N 05 ° 26'15 "E 149.99 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 0.275 of an acre, more
or less, of land area, as described from record information and
measurements made on the ground on January 8, 1994 by McMinn Land
Surveying Company of Austin, Texas.
DATE August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Taxes.
J.O. No. : 012294
LNDABSR
ZONING TRACT NO. 3
DESCRIPTION OF 27.48 ACRES, MORE OR LESS. OF LAND AREA, IN THE WILLIAM
BARRER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY. TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line the aforereferenced Alborz
Tracts, same being the north line of that 17 acre tract of land
described in a deed dated February 17, 1967, from James R.
Eichelberger, Jr., to Edgar S. Daugherty, as recorded in Volume 517,
Page 445 of the Williamson County Deed Records, for the southwest
corner of the herein described tract of land, from which, an iron rod
found in the south line of County Road No. 170, for the northwest
corner of the Alborz Tracts bears N 65 ° 40'45 "W 1950.27 feet, and
N 29 ° 08'45 "E 293.62 feet;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced
Daugherty Tract, and crossing the Alborz Tracts, the following twelve
(12) courses:
1. N 42 ° 27'15 "E 160.00 feet
2. N 26 ° 50'30 "E 62.30 feet;
3. N 20 ° 34'00 "W 66.63 feet;
4. N 21 ° 50'15 "W 27.41 feet;
5. N 22 ° 47'00 "E 136.53 feet;
6. N 04 ° 45'15 "E 25.85 feet;
7. N 37 ° 16'30 "E 81.69 feet;
8. N 29 ° 28'00 "E 335.74 feet;
9. N 28 ° 27'45 "E 205.49 feet;
10. N 47 ° 00'00 "E 73.27 feet:
11. N 13 ° 48 . 45 "W 154.50 feet to the northwest corner of the herein
described tract of land;
12. 5 84 ° 33'45 "E 1003.37 feet to the southeast line of the Alborz
Tract. same being the northwest line of Schultz Lane, for the
east corner of the herein described tract of land;
THENCE with the common line of Schultz Lane and the Alborz Tracts, the
following four (4) courses:
1. with a right breaking curve having a radius length of 556.88
feet, an arc length of 105.65 feet, and a chord which bears
S 2J ° 51'34 "w 105.49 to an iron rod found;
2. 5 29 ° 20'55 "W 164.28 feet to an iron rod found;
3. S 23 ° 20' W 39.59 feet to an iron rod found; and
4. 5 29 ° 16'20" w 1270.12 feet to a concrete monument found for the
south corner of the Alborz Tracts. same being the east corner of
the aforereferenced Daugherty Tract, and being the south conrer
of the herein described tract of land;
THENCE leaving Schultz Lane , with the common line of the Alborz
Tracts and the aforereferenced Daugherty Tract, N 65 ° 40 . 45 °W 796.42
feet to the PLACE OF BEGINNING. There are contained within these
metes and bounds, 27.48 acres, more or less, of land area, as
described from record information and measurements made on the ground
on January 8, 1994 by McMinn Land Surveying Company of Austin, Texas.
is ael McMinn, Jr., R. . No. 4267
McMinn Land Surveying Co ••any
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No. : 012294
LNDAFSR
ZONING TRACT NO. X
DESCRIPTION OF 5.676 ACRES, MORE OR LESS, OF LAND AREA, IN THE C.E.
ROWE SURVEY, ABSTRACT NO. 871, AND THE WILLIAM BARKER SURVEY ABSTRACT
NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THOSE TRACTS
OF LAND CONVEYED TO ALBORZ CORPORATION AND AUSTIN CUSTOM HOME
BUILDERS, BY DEEDS OF RECORD IN VOLUME 2472, PAGE 411, AND VOLUME
2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of County Road No.
170, for the northwest corner of the aforereferenced Alborz
Corporation Tract, same being the east corner of that 5.00 acre tract
of land described in a deed dated November 20, 1974 from Earthel C.
Henderson, et ux, to Larry T. Gill, as recorded in Volume 600, Page
416 of the Williamson County Deed Records, and being the northwest
corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and the aforereferenced Gill
Tract, with the common line of County Road No. 170, and the Alborz
Corporation Tract, the following three (3) courses;
1. N 74 ° 09'30 "E 842.72 feet to an iron rod found at the beginning
of a right breaking curve;
2. with said right breaking curve having a radius length of 2000.00
feet, an arc length of 743.54 feat, and a radius which bears N
84 ° 49'15 "E 739.26 feet to a P.E. nail found in rock; and
3. S 84 ° 32'00 "E 15.00 feet to the northeast corner of the herein
described tract of land;
THENCE leaving County Road No. 170, and crossing the Alborz
Corporation Tract, the following four (4) courses:
1. S 05 ° 26'15 "W 149.99 feet to the southeast corner of the herein
described tract of land;
2. N 84 ° 33 . 45 ° W 15.08 feet to the beginning of a left breaking
curve:
3. with said left breaking curve having a radius length of 1850.00
feet, an arc length of 687.77 feet. and a radius which bears S
84 ° 49'15 "W 683.82 feet; and
4 S 74 ° 09'30 °W 992.62 feet to the southwest corner of the herein
described tract of land, being in the southeast line of the
aforereferenced Gill Tract, same being the northwest line of the
Alborz Corporation Tract;
THENCE with the common line of the Alborz Tract and the Gill Tract, N
29 ° 08'45 "E 212.08 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 5.676 acres, more or less, of
land area, as described from record information and measurements made
on the ground on January 8, 1994 by McMinn Land Surveying Company of
Austin, Texas.
C. Mic• -el McMinn, Jr , R.P.L.S. No 4267
McMinn Land Survey • g Company
4210 Spicewood Springs Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE : August 30, 1995
SURVEY : C. E. ROWE SURVEY, ABSTRACT NO. 871,
MEMUCAN HUNT SURVEY, ABSTRACT NO. 314,
WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.0. No. 012294
LNDAA5R
ZONING TRACT NO. Y
DESCRIPTION OF 5.191 ACRES. MORE OR LESS, OF LAND AREA, IN THE WILLIAM
BARKER SURVEY ABSTRACT NO. 107, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED TO ALBORZ CORPORATION AND
AUSTIN CUSTOM HOME BUILDERS, BY DEEDS OP RECORD IN VOLUME 2472, PAGE
411, AND VOLUME 2495, PAGE 257, OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the south line of County Road No. 170, same
being the north line of the aforereferenced Alborz Tracts, for the
easterly northwest corner of the herein described tract of land, from
which, an iron rod found for the northwest corner of the Alborz Tracts
bears N 84 ° 32'00 "W 95.00 feet, S 87 ° 11'30 "W 575.94 feet, S 76 ° 32'
28 "W 165.55 feet, and S 74 ° 09'35 "W 842.72 feet;
THENCE leaving the PLACE OF BEGINNING, with the common line of County
Road No. 170, and the Alborz Tracts, the following five (5) courses:
1. S 84 ° 32'00 "E 279.22 feet to an iron rod found;
2. S 84 ° 31'30 "E 116.80 feet to an iron rod found;
3. S 84 ° 34'30 "E 539.10 feet to an iron rod found;
4. S 84 ° 35'05 "E 110.00 feet to an iron rod found;
5. 5 84 ° 34'15" E 443.21 feet to an iron rod found at the beginning
of a right breaking curve, at the intersection of the south line
of County Road No. 180 and the west line of the Schultz Lane,
for the northeast corner of the Alborz Tracts, same being the
northeast corner of the herein described tract of land;
THENCE leaving County Road No. 170, with the common line of Schultz
Land and the Alborz Tracts, the foilowing two (2) courses:
1. with a right breaking curve having a radius length of 25.00
feet, an are length of 39.18 feet, and a chord which bears B 40
03'00 "E 35.29 feet to an iron rod found at a point of compound
curvature;
2. with a right breaking curve having a radius length of 556.88
feet, an arc length of 126.34 feet, and a chord which bears S
11 ° 44'30" w 126.07 feet to the southeast corner of the herein
described tract of land;
THENCE leaving Schultz Land, and entering crossing the Alborz Tracts,
the following two (2) courses:
1. N 84 ° 33'45 "W 1499.29 feet to the southwest corner of the herein
described tract of land; and
2. N 05 ° 26'15 "E 149.96 feet to the PLACE OF BEGINNING. There are
contained within these metes and bounds, 5.191 acres, more or less, of
land area, as described from record information and measurements made
on the ground on January 8, 1994 by McMinn Land Surveying Company of
Austin, Texas.
Michael McMinn, Jr. ' .P.L.S. No. 4267
McMinn Land Surveying Company
4210 Spicewood Sprinus Road, Suite 201
Austin, Texas 78759
(512) 343 -1970
DATE August 30, 1995
SURVEY : WILLIAM BARKER SURVEY ABSTRACT NO. 107.
COUNTY : Williamson, Texas.
J.O. No.
LNDACSR
: 012294
1. PERMITTED USE: Single Family residential.
2. DENSITY:
2.1 Minimum lot size: 5,000 square feet.
2.2 Minimum lot frontage: 50 feet (measured at the front
building line).
3. BUILDINGS SETBACKS
3.1 Front yard: 15 feet from the front property line
3.2 Rear yard: as specified in the SF -2 zoning district.
3.3 Side yard: as specified in the SF -2 zoning district.
3.4 Garages: All garages must be a minimum of 20 feet from
the property line, unless a side entry garage format is
utilized.
4. STREETS AND UTILITIES:
4.1 Access: The Owner shall restrict access to Louis Henna
Blvd. to two access points approved by the Director of
Planning. The entry road shall be designed with a
divided, landscaped island measuring a minimum of 10 feet
by 50 feet, to be maintained by a Homeowner's
Association. Any other entry structures must be approved
by the Director of Public Works and the Director of
Planning. No residential streets shall access Louis Henna
Boulevard.
4.2 Cul -de -sac length: The maximum cul -de -sac length may be
waived in order to limit access to the Arterial roadway,
but must still obtain approval of the Director of Public
Works and Fire Chief at platting.
4.3 Underground Electric and Utility Lines: Except where
approved in writing by the Director of Public Works all
R: \SEPUDS \SPRINGS. E%E /cd.
EXHIBIT D
DEVELOPMENT STANDARDS
SMALL LOT SINGLE FAMILY
electrical, telephone and cable vision distribution and
service lines, other than currently existing overhead
lines and lines three phase or larger shall be installed
underground. No rooftop or anchored antennas shall be
allowed. Individual satellite dishes less than 36" in
diameter are not prohibited.
5. FENCING OR BERMING:
5.1 Perimeter Fencing along Louis Henna Blvd. and Schultz
Lane: All perimeter fencing or berming along Louis Henna
Blvd. and Schultz Lane shall be constructed and accepted
as part of the normal subdivision improvements with all
berms a minimum of three feet in height and landscaped
with pampas grass planted 10 feet on center.
5.2 Perimeter Fencing: All perimeter fences shall be
constructed with wood, woodcrete, iron, masonry, vinyl -
coated chain link with decortive vinyl posts or a
combination thereof. If vinyl- coated chain link is
utilized, it shall be accompanied by planting
Pyrincanthia, Coral Honeysuckle, Confederate Jasmine or
other similar plant approved by the Director of Planning.
These plants shall be spaced 10 feet on center if 5
gallon plants are utilized or 6 feet on center if 3
gallon plants are utilized. Plants shall be placed on the
inside of the fence to ensure maintenance by the
homeowners.
5.3 Fence Supports: All supports shall be constructed of
masonry or rust resistant iron or steel, anchored in
concrete. The finished side of perimeter fencing shall
face the outside of the development.
5.4 Approval by Director of Planning: Fence construction
plans shall be approved by the Director of Planning prior
to construction of perimeter fencing to ensure stability,
durability and aesthetics.
6. LANDSCAPING:
Each builder, prior to issuance of Certificate of Occupancy,
shall plant two trees within the building setback area of the
front yard. These trees shall be a minimum of one and one -half
inch (1 -1/2 ") caliper container grown and may be a mixture of
any of the following trees: all variety of oaks, elms, pecan
2.
and sycamore or trees of equal quality as approved by the
Director of Planning.
3.
1. PERMITTED USES:
EXHIBIT E
DEVELOPMENT STANDARDS
BUSINESS PARK
1.1 Primary Uses: Including, but not limited to, office,
office /warehouse, research & development, technical schools,
light manufacturing and assembly, conducted wholly within a
building.
1.2 Secondary uses: Including, but not limited to, caretakers
residence, the sale of goods produced or assembled on site,
day care and other employee services.
2. PROHIBITED USES: Including, but not limited to, automotive and
machinery repair, automotive and machinery painting, wrecking
yard, sexually oriented businesses, transmission and
communication towers, trucking depots, bulk distribution
centers and mini - warehouses.
3. OUTDOOR STORAGE: Outdoor storage of materials or equipment and
loading docks shall provide a visual screen from abutting
properties or city streets. All screening shall be approved by
the Director of Planning prior to construction.
4. INTERPRETATION OF USE: Interpretation of uses not clearly
permitted or prohibited shall be made in writing by the
Director of Planning. A copy of interpretations shall be
provided to the owner and the City Building Inspector.
5. DENSITY: Minimum lot size one (1) acre.
6. BUILDINGS SETBACKS:
6.1 Front yard - 50 feet.
6.2 Rear yard - 25 feet.
6.3 Side yard (internal) - 25 feet.
6.4 Side yard (street) - same as front yard.
4.
7. SIGN REGULATIONS:
7.1 All freestanding signs shall be monument signs.
7.2 Freestanding signs shall not exceed six feet in height.
7.3 Freestanding signs shall not restrict visibility for
traffic entering or leaving the site.
7.4 One freestanding sign shall be permitted for lots of less
than three acres in size. The maximum area of the sign,
defined as the area contained within a polygon containing
the actual lettering and any logo, shall be fifty square
feet. Portions of the masonry structure on which the sign
is located are not counted as part of the fifty square
feet provided they are not contained within the polygon.
7.5 Additional freestanding monument signs shall be permitted
for lots of three acres or larger in accordance with the
regulations contained in the City Sign Ordinance.
7.6 Directional signs solely for the purpose of directing
traffic or identifying buildings and facilities shall be
permitted provided they are restricted to a size required
for their function as determined by the Director of
Planning.
8. LANDSCAPING & BUFFERING:
8.1 If any visitor parking is provided in any front yard,
then a landscaped berm shall be installed in accordance with
the following design standards:
8.1.1 The height of the berm shall be a minimum of
three feet in height and be landscaped to
provide a complete visual screen of any
parking, loading or storage areas. A site plan
shall be approved by the Director of Planning
prior to the issuance of any building permit.
The Director of Planning shall review the
landscaping, elevations and abutting uses to
ensure that the required visual screen will be
provided. Trees shall be planted no less than
thirty feet apart.
8.2 Trees shall be planted in all street yards. Said trees
shall have a minimum caliper of two inches and a minimum
height of six feet for softwoods and eight feet for
5.
hardwoods. Trees shall consist of a mix of hardwoods and
softwoods to provide for both rapidly growing and slower
growing species.
8.3 A minimum of 75 percent of required front yards and side
street yards shall be landscaped, excluding driveways.
9. PARKING & LOADING REQUIREMENTS:
9.1 Parking and loading shall be provided in accordance with the
current standards set forth in the Code.
9.2 No parking or loading shall be permitted in any required front
yard or street side yard, except that visitor parking may be
permitted in up to twenty -five percent of the streetyard if a
landscaped screen & berm is first approved in writing by the
Director of Planning and is installed in accordance with
Section 8.1, above.
6.
EXHIBIT F
DEVELOPMENT STANDARDS
MULTI - FAMILY RESIDENTIAL
1. PERMITTED USE: Apartments and Condominiums.
2. DENSITY AND HEIGHT:
2.1 Twenty (20) units per acre, provided all other
requirements of this Agreement are met.
2.2 Allowed height 3 stories.
3. BUILDINGS:
3.1 Setbacks:
3.1.1 Front yard 50 feet.
3.1.2 Rear yard 25 feet.
3.1.3 Side yard (interior) 25 feet.
3.1.4 Side yard (street) 50 feet.
3.2 Carports: Carports may be constructed, provided the
design is first approved by the Director of Planning.
Carports shall meet the following setback requirements;
3.2.1 Front yard - 25 feet.
3.2.2 Rear yard - 5 feet from the edge of the roof.
3.2.3 Side yard (interior) - 5 feet from the edge of
the roof.
3.2.4 Side yard (street) - 25 feet from the edge of
the roof.
4. ACCESS: Driveway access points shall contain a divided drive
with a landscaped median separating ingress and egress lanes
with each a minimum of 24 feet wide.
7.
5. RECREATIONAL AMENITIES: The following private recreational
facilities shall be provided on site in lieu of parkland
dedication:
5.1 One swimming pool, a minimum of 500 square feet.
5.2 A clubhouse with a minimum of 1,000 square feet plus
sales leasing and office space.
6. PARKING REQUIREMENTS: Parking shall be provided as follows:
6.1 Efficiency units - 1.5 spaces.
6.2 One bedroom units - 1.5 spaces.
6.3 Two bedroom units - 2.0 spaces.
6.4 Three bedroom units - 3.0 spaces.
6.5 Additional guest spaces shall be provided in a number
equal to five percent of the number of parking spaces
required for the total number of units.
6.6 All parking spaces shall be a minimum of nine feet (9')
wide.
6.7 No recreational vehicles, boats of trailers shall be
allowed to be parked in any street yard.
7. LANDSCAPING & BUFFERING:
7.1 Trees: Trees shall be planted in all street yards in
accordance with the following standards:
7.1.1 One tree for each (25) feet of frontage.
7.1.2 Each tree shall have a minimum caliper size of
two inch and a minimum height of six feet for
softwoods and eight feet for hardwoods. Trees
shall be alternated between hardwoods and
softwoods.
7.2 Maintenance: All landscaping shall be maintained and
irrigated by the property owner or a property owners
association which has been approved by the City Attorney.
8.
7.3 Berms: A landscaped berm with a minimum height of three
(3) feet shall be provided adjacent to all public
streets.
8. FENCING:
8.1 Perimeter Fencing: All perimeter fencing or berming
shall be constructed and accepted as part of the normal
subdivision improvements with all berms a minimum of three
feet in height and landscaped with pampas grass planted 8 feet
on center.
8.2 Perimeter Fence Construction: All perimeter fences
shall be constructed with wood, woodcrete, iron, masonry,
vinyl- coated chain link with decorative vinyl posts or a
combination thereof. If vinyl- coated chain link is utilized,
it shall be accompanied by planting Pyrincanthia, Coral
Honeysuckle, Confederate Jasmine or other similar plant
approved by the Director of Planning. These plants shall be
spaced 8 feet on center if 5 gallon plants are utilized or 5
feet on center if 3 gallon plants are utilized. Plants shall
be placed on the inside of the fence to ensure maintenance by
the homeowners.
8.3 Fence Supports: All supports shall be constructed of
masonry or rust resistant iron or steel, anchored in concrete.
The finished side of perimeter fencing shall face the outside
of the development.
8.4 Approval by Director of Planning: Fence construction
plans shall be approved by the Director of Planning prior to
construction of perimeter fencing to ensure stability,
durability and aesthetics.
9. SIGNS:
9.1 All signs shall be masonry monument signs.
9.2 Signs shall not exceed six feet in height.
9.3 Signs shall not restrict visibility for traffic entering
or leaving the site.
9.4 One sign shall be permitted at each entrance to the site.
The maximum area of each sign, defined as the area
contained within a polygon containing the actual
lettering and any logo, shall be fifty square feet.
9.
Portions of the masonry structure on which the sign is
located is not counted as part of this fifty feet
provided it is not contained within the polygon.
9 5 Directional signs solely for the purpose of directing
traffic or identifying buildings and facilities shall be
permitted provided they are restricted to a size required
for their function as determined by the Director of
Planning.
10. NEIGHBORHOOD BOX UNITS: A postal delivery facility shall be
provided and shall include parking and shall be handicapped
accessible.
11. DEVELOPMENT REVIEW BOARD (DRB): A site plan shall be approved
by the City DRB prior to the issuance of a building permit.
The DRB shall review the site plan for compliance with the
provisions of this agreement and other Code requirements.
10.
EXHIBIT G
1. SINGLE FAMILY LOTS: The following items shall be included in
the restrictive covenants which shall be recorded with a final
plat for Single Family lots.
1.1 Amendment: This Declaration may be amended by recording
in the Williamson County Real Property Records an
instrument executed and acknowledge by the President and
Secretary of the Association setting forth the amendment
and certifying that such amendment has been approved by
Owners of at least two thirds (2/3) of the number of Lots
entitled to be cast, and the Mayor on behalf of the Round
Rock City Council as any amendment pertains to any item
in this exhibit.
1.2 Garages and Driveways: All garages shall comply with all
other restrictions, covenants, conditions and limitations
on usage herein provided for other improvements in the
Subdivision. All garages shall be suitable for not less
than two (2) automobiles. All garages shall consist of
enclosed structures and no carports shall be permitted on
any Lot. The location of all driveway cuts shall be
subject to the City of Round Rock Building Codes. All
driveways shall be constructed of concrete. All driveways
shall be a minimum width of sixteen (16) feet. No garages
shall be converted into bedrooms, dens, studios or any
living areas for the occupants; provided however, that
builders may temporarily convert the garage of a model
home, but the City of Round Rock shall not be obligated
to issue a certificate of occupancy, or permanently
provide utilities until said garage is re- converted for
the parking of automobiles.
1.3 Masonry Requirements: Each Single Family dwelling
constructed shall have at least seventy five percent
(75 %) of its exterior walls of the first floor and the
front wall of the second floor of a two story structure
constructed of stone, stucco or masonry construction. In
computing these percentages (1) all gables shall be
excluded from the total area of exterior walls; (2) all
windows and door openings shall be excluded from the
total area of the exterior walls; (3) masonry used on
walls of an attached garage, fireplace or chimney may be
included in the computation as masonry used; and (4)
"Nardi plank" products may be included in the computation
11.
as masonry used, but shall not be used on the front face
of the lower floor; (5) all front walls shall be 100%
masonry.
1.4 Roofing Materials: All roofing material shall meet or
exceed 20 year warrant composition shingles. Non -
reflective metal, tile or other similar quality materials
are acceptable.
1.5 Antennas: No exterior radio, television antenna,
satellite dishes or aerial shall be erected or maintained
without prior written approval of the City of Round Rock
Director of Planning. Individual satellite dishes less
than 36" in diameter are not prohibited.
1.6 Signs: All entry monumentation shall be constructed of
low maintenance materials approved in advance by the
Director of Planning. In the event that the sign is not
properly maintained, the City may give the sign owner
written notice that repairs must be made within 14
business days of notification or the City shall have the
right, but not the obligation, to have the repairs made
and charged to the owner.
Prohibited signs include bench signs, billboards,
signs with flashing or blinking lights or
mechanical movement, dayglo colors, signs that make
or create noise, animated or moving signs, exposed
neon illumination, painted wall signs, pennants,
trailer signs, signs with beacons, and any sign
that obstructs the view in any direction of an
intersection. Appropriate materials shall be made
of masonry with a maximum height of six feet.
The Property Owners Association shall own and
maintain all entry signs.
1.7 Responsibility of Property Owner's Association: The
Property Owners Association shall be the entity
responsible for enforcing the deed restrictions and
restrictive covenants. Although the City reserves the
right to enforce any provisions required by the Planned
Unit Development, it is not the intent of the City to
assume responsibilities normally reserved to the Property
Owners.
1.8 Prohibition of Boats, Etc. All boats, recreational
vehicles, motor and trailer homes, and semi - trailers
12.
shall not be located in the front yard or side yard of
any building, or parked on any street within the PUD.
2. MULTI FAMILY LOTS: The following items shall be included in
the restrictive covenants which shall be recorded with a final
plat for Multi Family lots:
2.1 Amendment: This Declaration may be amended by recording
in the Williamson County Real Property Records an
instrument executed and acknowledge by the sole owners or
if the development is a condominium by the President and
Secretary of the Association setting forth the amendment
and certifying that such amendment has been approved by
Owners of at least two thirds (2/3) of the number of Lots
entitled to be cast, and the Mayor on behalf of the Round
Rock City Council as any amendment pertains to any item
in this exhibit.
2.2 Masonry Requirements: Each Building constructed shall
have at least eighty percent (80%) of its exterior walls,
facing a public street, constructed of stone or masonry
construction. In computing these percentages (1) all
gables shall be excluded from the total area of exterior
walls; (2) all windows and door openings shall be
excluded from the total area of the exterior walls; (3)
masonry used to a fireplace or chimney may be included in
the computation as masonry used; and (4) Stucco and all
"Hardi plank" products may be included in the computation
as masonry used.
2.3 Roofing Materials: All roofing materials shall meet or
exceed 20 year warranty composition shingles. Non -
reflective metal, tile or similar quality materials are
acceptable.
2.4 Antennas: No exterior radio, television antenna,
satellite dishes or aerial shall be erected or maintained
without prior written approval of the City of Round Rock
Director of Planning.
2.5 Signs: All entry monumentation shall be constructed of
low maintenance materials approved in advance by the
Director of Planning. In the event that the sign is not
properly maintained, the City may give the sign owner
written notice that repairs must be made within 14
business days of notification or the City shall have the
right, but not the obligation, to have the repairs made
and charged to the owner.
13.
Prohibited signs include bench signs, billboards,
signs with flashing or blinking lights or
mechanical movement, dayglo colors, signs that make
or create noise, animated or moving signs, exposed
neon illumination, painted wall signs, pennants,
trailer signs, signs with beacons, and any sign
that obstructs the view in any direction of an
intersection. Appropriate materials shall be made
of masonry with a maximum height of six feet.
The Property Owners Association shall own and
maintain all entry signs.
14.
DATE: September 26, 1995
SUBJECT: City Council Meeting, September 28, 1995
ITEM: 9.J. Consider an ordinance to amend Planned Unit
Development No. 15, 63.333 acres of land out of the C.E.
Rowe Survey, A -871 and the Wm. Barker Survey, A -107
(Spring Ridge). (First Reading) (withdrawn 9/14/95)
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
On September 6, 1995 the Planning and Zoning Commission tabled their
recommendation concerning the amendments to Planned Unit Development
No. 15 until the September 20th meeting. At that time a recommendation
for approval of the amendments to the PUD was unanimously passed with
the stipulation that certain additional changes were made to the development
plan. These recommended changes have been included in the attached
document.