The URL can be used to link to this page

Z-95-12-21-10A - 12/21/1995• o \UPOOCS \swims \MAvaxs=.o.OAD /cac ORDINANCE NO. z 95- 0-021- DA AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 371.66 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 23. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A ", attached hereto and incorporated herein, as District Planned Unit Development (PUD) No. 23, said Exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 25th day of October, 1995, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to District PUD No. 23, and WHEREAS, on the 21st day of November, 1995, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 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: That the City Council has hereby determined the Planned Unit Development (PUD) No. 23 meets the following goals and objectives: (1) The development in PUD No. 23 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 23 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 23 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 23 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 23 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2. II. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is heresfter designated as District Planned Unit Development (PUD) No. 23, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 23 attached hereto as Exhibit "B ", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. sf READ, PASSED, and ADOPTED on first reading this �� day of �F,Cem13Fii , 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. 3. ATTEST: JO E LAND, City Secretary 4. d ock, CULp E ER, Mayor City of Roun , Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664(hereinafter referred to as the "City "), and Tom E. Nelson Trustee No. 1, Perry O. Mayfield, and Tom Nelson, Jr., their respective successors and assigns, having its offices at 211 Jefferson Square, Austin, Texas 78731 (hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to zone 371.66 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, on October 25, 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: 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. 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 1I.14, 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 C: \WPDOCS \SEPUDS \MAYFIELD. PLN /CCC § AGREEMENT AND § DEVELOPMENT PLAN § FOR MAYFIELD RANCH PUD NO. 23 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 pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, 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. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. 5.6 Venue. 5.7 No Third Party Beneficiaries. 5.8 Duplicate Originals. This Agreement may be executed in duplicate originals each of equal dignity. 5.9 Notices. 5.10 Effective Date. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY 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. 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. 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 ROUND ROCK Tom E. Nelson, Jr. 211 Jefferson Square Austin, Texas 78631 3. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. II. DEVELOPMENT PLAN This Development Plan ( "Plan ") covers 371.66 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 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 4.2 Other Ordinances 5. PERMITTED USES The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections in the Code. 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 this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Single Family Residential Parcels One (1), Two (2), and Three (3), more particularly described in Exhibit "C ", attached hereto and incorporated herein, shall be used and developed for standard Single Family Residential (SF -2) uses, except as modified in accordance with the development standards set forth in Exhibit "D ", attached hereto and incorporated herein. 5.2 Business Park Parcel Four (4), more particularly described in Exhibit "C ", shall be used for General Industrial (I -1), except as modified as Business Park uses in accordance with the development standards set forth in Exhibit "E ", attached hereto and incorporated herein. 4. 6. LOT SIZES The minimum lot size and dimensions shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. However, all Single Family developed areas may not exceed the 1990 General Plan requirement of an average of four (4) units per developable acre. 7. BUILDINGS Building height and setbacks shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 8. LANDSCAPING and BUFFERING Landscaping and buffering shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 9. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 10. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 11. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 12. FUTURE FIRE STATION LOCATION Parcel "X ", more particularly described in Exhibit "G ", attached hereto, shall be used and developed by the City for a future fire station location, pursuant to the City's schedule. The fire station site shall be dedicated by the Owner to the City at the time of recordation of the first plat for any property within this PUD. 5. 13. STREETS 13.1 Arterial and Collector Streets Arterial and collector streets shown on Exhibit "C ", attached hereto, shall be constructed as part of the final platting process. The property may be platted in phases. If the Business Park is developed into three or or less large lots which do not require the construction of a collector street to access FM 1431, the Director of Planning and the Director of Public Works may, in writing, waive the requirement to plat and construct the collector street. 13.2 Cul - de - sacs The length of the cul -de -sac, as shown for Parcel (2) in Exhibit "C ", may exceed the maximum length as prescribed in the Chapter 8 of the Code of Ordinances of the City of Round Rock, if prior written approval is obtained from the Fire Chief and the Director of Public Works. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 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 the Director of Public Works. 14.2 Major Changes Major changes shall be resubmitted following the same procedure required in the original PUD application. 14.3 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. 15. PROPERTY OWNER'S ASSOCIATION 15.1 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, including covenants and deed restrictions or amendments thereto, shall be submitted for review and approval to the Director of Planning 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 "F ", attached 6. hereto and incorporated herein, to insure incorporation of the items listed in Exhibit "F ". 15.2 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 plat not dedicated to the City. 15.3 Enforcement of Deed Restrictions 17. BINDING EFFECT The Property Owner's Association shall be the entity responsible for enforcing 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. 16. GENERAL PLAN AMENDED The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this agreement. This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 18. EFFECT ON LIVING UNIT EOUIVALENTS,AND OTHER INFRASTRUCTURE The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. 7. CITY OF ROUND ROCK Charles Cul er, Mayor Date: /., TOM E. NELSON TRUSTEE NO. 1 By: P rinted TbM Its: MA9a1,%J ,. j ' y-m.Ji nb1 t_) 3...4 A 8. P RRY 0. MAYFIEL EXHIBIT "A" PARCEL 1 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, JR., FOUND OF RECORD IN VOLUME 571. PAGE 446: VOLUME 1294, PAGE 38; VOLUME 1294, PAGE 54; AND VOLUME 1381, PAGE 54, AND THAT CERTAIN 2736 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD. FOUND OF RECORD IN VOLUME 2027. PAGE 783. OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING 119.82 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northwest comer of said Nelson tract of record in Volume 1294, Page 38, for the northwest comer and POINT OF BEGINNING of the herein described tract, Thence, following the north line of the said Nelson tracts, the following two (2) courses and distances numbered 1 and 2, L No6'49'25 "E, 2997.11 feet to a point, 2. N69°09'44 "E, 3112.07 feet to a point for the northeast corner of the herein described tract same being the northeast comer of said Nelson Tract of record in Volume 1294, Page 38, Thence, with the west line of the herein S20°30'08 "E, 1211.34 feet to a point for the southeast comer of the herein described tract, Thence, with the south line of the herein described tract the following eleven (1 1) courses and distances numbered 1 through 11, 1. S69°54'17"W, 1001.11 feet to a point, 2. S70"2930"W, 319.07 feet to a point. 3. 543°00'04 "W, 95.76 feet to a point. 4. with a curve to the left having a radius of 955.68 feet, an arc length of 835.15 feet and whose chord bears N76°22'53 "W, 808.83 feet to a point 5. S78'3535"W, 440.66 feet to a point at the beginning of a curve, 6. with a curve to the left having a radius of 938.70 feet, an arc length of 485.77 feet and whose chord bears S63°46'19 "W. 480.37 feet to a point 7. 548°56'37 "W, 520.82 feet to a point at the ben inning of a curve, 8. with a curve to the right having a radius of 1050.00 feet, an are length of 608.48 feet, and whose chord bears S65 °32'43 "W, 600.00 feet to a point, 9. S82 °08'48"W, 1058.57 feet to a point at the beginning of a curve, 10. with a curve to the right having a radius of 1050.00 feet, an arc length of 115.83 feet . and whose chord bears S85° 18'25"W, 115.77 feet to a point. 11. 588°2802 "W. 938.71 feet to a point on the west line of said Nelson tract found of record in Volume 1294, Page 38, for the southwest comer of the herein described tract Thence, following said west line, the following two (2) courses and distances numbered 1 and 2, 1. N21 °45'00"W, 150.00 feet to a point, 2. N 18°25'07 "W, 113.76 feet to the Point of Beginning containing 119.82 Acres of Land. PREPARED BY: mayl.doc PARCEL 2 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, JR., FOUND OF RECORD IN VOLUME 571, PAGE 446; VOLUME 1294, PAGE 38; VOLUME 1294, PAGE 54; AND VOLUME 1381, PAGE 54, AND THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD, FOUND OF RECORD IN VOLUME 2027, PAGE 783, OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING 30.70 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west line of said Nelson tract of record in Volume 1294, Page 38, and from which point the northwest comer of said nelson tract bears N21 °45'00"W, 150.00 feet and N18°2507"W, 113.76 feet Thence, with the north line of the herein described tract N88°28'02 "E, 938.71 feet to a point for the northeast comer of the herein described tract. Thence. with the east line of the herein described tract the following two (2) courses and distances numbered 1 and 2, 1. SO4°19'03 "W, 683.56 feet to a point, 2. S21 °45'00 "E, 1285.25 feet to a point for the southeast comer of the herein described tract Thence, leaving said east line S70°2 1'25 "W, 599.62 feet to a point on the west line of said Nelson tract, for the southwest comer of the herein described tract, Thence, with said west line the following two (2) courses and distances numbered 1 and 2, 1. N20°05'36 "W, 647.16 feet to a point, 2. N21 °45'00 "W, 1554.74 feet to the Point of Begim ing containing 30.70 Acres of Land. lY�� •J; y :., PREPARED BY: may2.doc BRYSON AND ASSOCIATES SURVEYING CO., INC. 3401 SLAUGHTER LANE WEST AUSTIN, TEXAS 78748 1512)282 -0170 PARCEL 3 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, 1R., FOUND OF RECORD 114 VOLUME 571. PAGE 446; VOLUME 1294, PAGE 38; VOLUME 1294, PAGE 54; AND VOLUME 1381, PAGE 54. AND THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD. FOUND OF RECORD N VOLUME 2027, PAGE 783, OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING 24.10 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west line of said Nelson tract of record in Volume 1294, Page 38, same being the northwest comer of that certain tract of land conveyed to Westside Church of Christ of Williamson County, Inc. in Volume 2585. Page 532, for the southwest corner of the herein described tract. Thence, with the west line of the herein described tract the following two (2) courses and distances numbered 1 and 2, 1. N20°01'53 "W, 180.91 feet to a point, 2. N20°05' 1155.76 feet to a point for the northwest comer of the herein described tract, Thence, leaving said east line N70°21'25 "E, 785.40 feet to a point, for the northeast comer of the herein described tract, Thence, with the easterly line of the herein described tact S20°0538 "E, 1336.67 feet to a point for the southeast comer of the herein described tract, Thence. S70°21'25"W, 191.27 feet passing the northeast comer of said Westside Church for a total distance of 7 85.60 feet to the Point of Beginning containing 24.10 Acres of Land. PREPARED BY: may3.doc Lam✓/ BRY AND ASSOCIATES SURVEYING CO., INC 3401 SLAUGHTER LANE WEST AUSTIN, TEXAS 78748 (512)282-0170 PARCEL 4 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, SR., FOUND OF RECORD IN VOLUME 571, PAGE 446; VOLUME 1294. PAGE 38: VOLUME 1294, PAGE 54; AND VOLUME 1381. PAGE 54, AND THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD, FOUND OF RECORD IN VOLUME 2027, PAGE 783, OF THE OFFICIAL DEED RECORDS OF WBZIAMSON COUNTY, TEXAS, SAID TRACT BEING 197.04 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a poim on the south line of said Nelson tract of record in Volume 1294, Page 38. same being the southeast corner of that certain tract of land conveyed to Westside Church of Christ of Williamson County. Inc. in Volume 2585. Page 532, for the southwest corner of the herein described tract Thence. with the west line of the herein described tract the following six (6) courses and distances numbered 1 through 6. 1. N20°59'03 "W, 850.00 feet to a point at the northeast comer of said church tract. 2. N70 191.27 feet to a point 3. N20°0518 "W, 1336.67 feet to a point, 4. S70°21'25 "W, 185.78 feet to a point, 5. N21 °45'00 "W. 1285.25 feet to a point, 6. N04° 19'03 "E, 683.56 feet to a point for the northwest comer of the herein described tract, Thence, with the north line of the herein described tract the following three (3) courses and distances numbered 1 and 3, 1. with a curve to the left having a radius of 1050.00 feet , an arc length of 115.33 feet and whose chord bears N85' 18'25 "E, 115.77 feet to a point, 2. N82°08'48 "E, 1058.57 to a point at the beginning of a curve, 3. with a curve to the left having a radius of 1050.00 feet. an arc length of 608.48 feet and whose chord bears N65°32'43 "E, 600.00 feet to a point at the northwest corner of that certain 195.00 acre tract of land conveyed to Doyle Wilson Homebtulder Inc., for the northeast comer of the herein described tract, Thence. with the west line of the herein described tract the following seventeen (17) courses and distances numbered 1 through 17. 1. S45°00'37"E, 57.16 feet to a point, 2. S05 ° 50'45"E. 397.42 feet to apoint, 3. S20° 13'10 "E, 376.55 feet to a point, 4. S22 °58'45 "E, 629.64 feet to a point, 5. S55'21'14 "E, 171.39 feet to a point, o. S24 51'35 "E,167 -86 feet to a point, 7. 566'30'43"E, 149.15 feet to a point 8. 535°39'19"E. 130.49 feet to a point, 9. 562'50'36 "E, 81.96 feet to a point, 10. S41.°31'34 "E, 401.19 feet to a point, II. S24°34'24 "E, 167.36 feet to a point, 12. S16 °33'05 "W, '5.33 feet to a point, 13. S07'51'52"E. 181.08 feet to a point, 14. 572'49'54"E, 304.53 feet to a point. 15. 525°31'53 "E, 133.95 feet to a point, 16. S36'34'12 "E, 191.14 feet to a point, 17. 843°54'25"E, 642.78 feet to a point on the north right-of-way line of F.M. 1431, same being the southwest corner of said Doyle Wilson tract, for the southwest comer of the herein described tract, Thence. with said right-of-way line S70°19'37"W, 2897.68 feet to the Point of Beginning containing 197.04 Acres of Land. PREPARED BY: may4.doc BRYS(N AND ASSOCIATES S G CO., INC. 3401 SLAUGHTER LANE WEST AUSTIN, =AS 78748 (512)232-0170 STATE OF TEXAS COUNTY OF WILLIAMSON That we, Tom E. Nelson, Trustee No. 1, Perry O. Mayfield, and Tom E. Nelson, Jr., the outright owners of the certain tract in Volume 1294, Page 38, Volume Oil, Page 54 Volume 13P1, Page 5 , 1 , of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. Tom E. Nels i n, Trus ; No. 1 (Owner) THE STATE OF TEXAS COUNTY OF LOLL/ ti This instrument was acknowledged before me on the v — day of JANu R R y , 19949, CCIAby 7b/fl E. AlELc5O/,J TRUSTEE No / , of on behalf of said Texas Notary Public, St l f K l Printed Name: srl/l.�E /L . /97 (c My commission expires: 8 9 7 fp,,, Perry O. M field THE STATE OF TEXAS COUNTY OF This instrumnt was acknowledged before me on the 3 day of . j An1 k R ley 199 by PERRY inaran , , of , on behalf of said AL 4A Notary Public, S . to of Texas / P Printed Name: My commission expires: R Slendeba exhibl@.doc EXHIBIT B /iUE Z CHRISTINE R. MARTINFZ Haw PUbla Shb.d Ted MT Commission Expires O8415-37 CHRISTINE R. MARTINEZ Notary Puofc,Sbz5Teas MyCommisUm EvOes0&05-97 THE STATE OF TEXAS COUNTY OF 10/42-/4/71,c 4A) This instrument wps acknowledged before me on the 2.021) day of (-MMJL ie y 199 �? by TOm E. Na.SO , tile) . , of , on behalf of said Notary edName: Public, S o Te / Printed e. n a TlA) �. ed Nam / 7iC. My commission expires: R 9 StendehMeshibitb doc SINGLE FAMILY 2 30.70 Acres SINGLE 24.10 Ares a FAMILY SINGLE FAMILY 4 197.09 Acres 1 CAMPUS BUSINESS PARK F. M. 1431 119,82 Acres ooiil wren H ... d u Ii ra. re. II Pan kid GRAPHIC SCALE M rut I Iwl — EXI-1.1.13i C r � FIRE STATION SITE I i .X - Cto • N Go 2. DENSITY: EXHIBIT D DEVELOPMENT STANDARDS SINGLE FAMILY RESIDENTIAL 1. PERMITTED USE: Single Family Residential. 2.1 Minimum Lot Size: 6,500 square feet, with lots within each preliminary plat averaging at least 7,000 square feet. 2.2 Minimum Lot Frontage: 50 feet (measured at the front building line). 2.3 Overall Density: The overall density for Single Family Residential shall not exceed the 1990 General Plan requirement of four (4) units per developable acre. 3. BUILDINGS SETBACKS All setbacks shall be in accordance with the provisions and requirements of the City of Round Rock Zoning Ordinance for District SF -2 (Single Family- Standard Lot). 4. STREETS AND UTILITIES: 4.1 Access: No direct driveway access shall be permitted to Wyoming Springs Drive. 4.2 Underground Electric and Utility Lines: Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines and lines three phase or larger, shall be installed underground. No ground- anchored antennas or rooftop antennas over four (4) feet in height shall be allowed. 5. FENCING: All perimeter fences shall be constructed pursuant to Section 11.318 of the Code with wood, woodcrete, iron, \WPDoSS\SEPUDS\rwYFrELt /�_ masonry, or a combination thereof. 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. All perimeter fences along Wyoming Springs Road shall be constructed and accepted as part of the normal subdivision improvements. Fence construction plans shall be approved by the Director of Planning prior to construction of fencing. 6. Landscaping: If there is no tree of 4" caliper or greater within the required front yard, each builder, prior to issuance of Certificate of Occupancy, shall plant two trees within the building setback area of the front yard. These trees shall be a minimum of one and one -half inch (1 -1/2 ") caliper container grown and may be a mixture of any of the following trees: all variety of oaks, elms, pecan and sycamore or trees of equal quality as approved by the Director of Planning. 2. 1. PERMITTED USES: EXHIBIT E DEVELOPMENT STANDARDS BUSINESS PARK 1.1 Primary Uses: Including, but not limited to, office, office /warehouse, research & development, light manufacturing and assembly. 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, related to its primary use. 2. PROHIBITED USES: Including, but not limited to, automotive and machinery repair, automotive and machinery painting, wrecking yard, sexually oriented businesses, and mini - warehouses. 3. OUTDOOR STORAGE: No outdoor storage of materials or equipment shall be permitted in any front yard, side street yard or buffer yard. Any outdoor storage on any other portion of the property shall be fully screened so as to not be visible 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 five (5) acres. 6. BUILDINGS SETBACKS AND HEIGHT: 6.1 Front yard setback - 75 feet. 6.2 Rear yard setback - 50 feet. 6.3 Side yard setback (internal) - 25 feet. 6.4 Side yard (street) setback - 75 feet for side yards along FM 1431, Wyoming Springs Drive or the primary 3. North -South connector which connects FM 1431 to Wyoming Springs Drive, tracts abutting residential areas and 50 feet for all other side yards. 6.5 Height - Building height shall be limited to two stories. 7. SIGN REGULATIONS: 7.1 All free standing signs shall be defined as any sign not attached to a building.. 7.2 Free standing signs shall not exceed six feet in height. 7.3 Free standing signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One free standing sign shall be permitted. 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. Small signs to direct clients or delivery trucks will be permitted if approved in writing by the Director of Planning. 7.5 Area Identification Signs, as defined in the Code of Ordinances, shall be permitted. 8. LANDSCAPING & BUFFERING: 8.1 Any parcel which abuts a residential lot shall provide a seventy -five (75) foot wide landscaped buffer which preserves the natural tree cover wherever possible. A site plan shall be approved by the Development Review Board (ORB) prior to the issuance of a building permit. 8.2 The height of the berm, as required in Section 9 below, shall be a minimum of three (3) feet in height and shall 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 should review the landscaping, elevations and abutting uses to ensure that the required visual screen will 4. be provided. Trees shall be planted no less than thirty feet apart. 9. PARKING & LOADING REOUIREMENTS: 9.1 The number of parking and loading spaces 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 street yard, exclusive of driveways, if a landscaped screen and berm is first approved in writing by the Director of Planning and is installed in accordance with Section 8.2, above. 5. EXHIBIT F The following items shall be included in the restrictive covenants which shall be recorded with a final plat for Single Family lots. 1. Amendment: The Declaration shall state that it may be amended by recording an instrument in the Williamson County Official Records executed by the appropriate authority if approved by Owners and the Mayor of Round Rock, on behalf of the Round Rock City Council, if any amendment pertains to any item in this Exhibit. 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 single family lots shall provide a minimum of four (4) parking spaces, two of which may be in the garage. 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. 3. Construction: All buildings shall be constructed of at least seventy -five (75%) masonry on the first floor. The front facade shall be one hundred (100° %) percent masonry (excluding gables, doors, windows, vents and trim) up to the top plate of the first floor. No four foot by eight foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood or wood composite materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4. Parking Restrictions: No recreational vehicles, boats or trailers shall be permitted to be parked within the development unless they 6. 5. Signs: are parked in a garage and the garage doors remain closed, except when in use. 5.1 Entry Signs All entry signs 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. 5.2 Prohibited Signs 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, 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. 5.3 Sign Maintenance The Property Owners Association shall own and maintain all signs. 6. Homeowners Association Responsibilities The Property Owners Association shall be responsible for enforcing the deed restrictions and restrictive covenants. Although the City reserves the right to enforce any provisions required by this PUD, it is not the intent of the City to assume responsibilities normally reserved to the Property Owners Association. 7. FIELD NOTES EXHIBIT G BEING A 1.30 ACRE TRACT OF LAND BEING OUT OF AND A PORTION OF THE EPHRAIM EVENS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND PART OF A 1437.45 ACRE TRACT OF LAND CONVEYED TO T.E. NELSON JR. AS DESCRIBED IN DEED RECORDED IN VOLUME 571, PAGE 446 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 1.30 ACRE BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FOR REFERENCE AT A 1/2 -INCH IRON ROD SET AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF F.M. 1431 (200' R.O.W.) AND THE EAST LINE OF SAID 1437.45 ACRE TRACT, SAME BEING THE WEST LINE OF A 2023.28 ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE AS DESCRIBED IN DEED RECORDED IN VOLUME 880, PAGE 638 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. THENCE N 21'01'28" W ALONG THE EAST LINE OF SAID 1437.45 ACRE TRACT A DISTANCE OF 532.23' FEET TO THE SOUTHEAST CORNER OF SAID 1437.45 ACRE TRACT, S 70'21'00" W A DISTANCE OF 125.78' FEET TO A POINT FOR THE POINT OF BEGINNING AND NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 01'59'19" W ALONG THE EAST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 169.73' FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE PASSING THROUGH SAID 1437.45 ACRE TRACT THE FOLLOWING FIVE (5) COURSES: 1. S 70'21'00" W A DISTANCE OF 240.00' FEET TO A POINT, 2. N 19'39'00" W A DISTANCE OF 115.0' FEET TO A PIONT, 3. S 70'21'00" W A DISTANCE OF 385.20' FEET TO A POINT, 4. N 19'39'00" W DISTANCE OF 40.00' FEET TO A POINT, 5. N 70'21'00" E A DISTANCE OF 686.69' FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT AND CONTAINING 1.30 ACRES (56,778 SQUARE FEET) OF LAND. II II F.M.121 DATE: December 19, 1995 SUBJECT: City Council Meeting, December 21, 1995 ITEM: 10.A. Consider an ordinance to adopt original zoning of Planned Unit Development No. 23 on 371.66 acres out of the Ephraim Evans Survey, Abstract 212 in Round Rock, Williamson County, Texas. (Nelson Tract) (First Reading) (tabled 11/21/95) Staff Resource Person: Joe Vining Staff Recommendation: Approval I1ISTORY; This tract of land was annexed into the City on July 27, 1995 and is located immediately east of the Vista Oaks Subdivision. ASSESSMENT This planned unit development proposal includes a campus style business park, single family residential development, a future fire station location, and an environmental preserve. On October 25, 1995, the Planning and Zoning Commission recommended adoption of the PUD zoning district for original zoning. THE 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 5Y the City of Round Rock, Texas, at a meeting held on the 01 day of 19 QJ which is recorded in the minutes of the City of Round Rock in Book 34 . CERTIFIED by my hand and seal of the City of Round Rock, Texas on this LS day of �, 19'1 0. DEMO 9601043 1 11 AI At L /k640 ANNE LAND, ssistant City Manager/ City Secretary OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS C: \WPCOCS \SBPODS \MAYPIBLO. OBG /cdc ORDINANCE NO. Z 95- lot - a l - 1O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 371.66 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 23. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A ", attached hereto and incorporated herein, as District Planned Unit Development (PUD) No. 23, said Exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 25th day of October, 1995, following lawful hearing, and WHEREAS, after considering the public testimony publication of the notice of said public received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to District PUD No. 23, and WHEREAS, on the 21st day of November, 1995, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 23 meets the following goals and objectives: (1) The development in PUD No. 23 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 23 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 23 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 23 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 23 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2. II. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is heresfter designated as District Planned Unit Development (PUD) No. 23, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 23 attached hereto as Exhibit "B ", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. Sf READ, PASSED, and ADOPTED on first reading this 0(1 day of t EEm(3EIQ. , 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. 3. ATTEST: . I/./ JO, LAND, City Secretary CHARLES CULP , Mayor City of Roun , Texas 4. E ER d ock THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664(hereinafter referred to as the "City "), and Tom E. Nelson Trustee No. 1, Perry O. Mayfield, and Tom Nelson, Jr., their respective successors and assigns, having its offices at 211 Jefferson Square, Austin, Texas 78731 (hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to zone 371.66 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, on October 25, 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: 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. 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.14, 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 C: \aPOOCS \SSPOOS \MAYFISLO. PL" /cdc § AGREEMENT AND DEVELOPMENT PLAN FOR MAYFIELD RANCH PUD NO. 23 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 pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, 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. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County, Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto, any rights, benefits, or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate originals each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties by certified mail, postage prepaid or by hand - delivery to the address of the other party shown below: OWNER ROUND ROCK Tom E. Nelson, Jr. 211 Jefferson Square Austin, Texas 78631 5.10 Effective Date. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY 3. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. II. DEVELOPMENT PLAN This Development Plan ( "Plan ") covers 371.66 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 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 this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Single Family Residential Parcels One (1), Two (2), and Three (3), more particularly described in Exhibit "C ", attached hereto and incorporated herein, shall be used and developed for standard Single Family Residential (SF -2) uses, except as modified in accordance with the development standards set forth in Exhibit "D ", attached hereto and incorporated herein. 5.2 Business Park Parcel Four (4), more particularly described in Exhibit "C ", shall be used for General Industrial (I -1), except as modified as Business Park uses in accordance with the development standards set forth in Exhibit "E ", attached hereto and incorporated herein. 4. 6. LOT SIZES The minimum lot size and dimensions shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. However, all Single Family developed areas may not exceed the 1990 General Plan requirement of an average of four (4) units per developable acre. 7. BUILDINGS Building height and setbacks shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. S. LANDSCAPING and BUFFERING Landscaping and buffering shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 9. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 10. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 11. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 12. FUTURE FIRE STATION LOCATION Parcel "X ", more particularly described in Exhibit "G ", attached hereto, shall be used and developed by the City for a future fire station location, pursuant to the City's schedule. The fire station site shall be dedicated by the Owner to the City at the time of recordation of the first plat for any property within this PUD. 5. 13. STREETS 13.1 Arterial and Collector Streets Arterial and collector streets shown on Exhibit "C ", attached hereto, shall be constructed as part of the final platting process. The property may be platted in phases. If the Business Park is developed into three or or less large lots which do not require the construction of a collector street to access FM 1431, the Director of Planning and the Director of Public Works may, in writing, waive the requirement to plat and construct the collector street. 13.2 Cul -de -sacs The length of the cul -de -sac, as shown for Parcel (2) in Exhibit "C ", may exceed the maximum length as prescribed in the Chapter 8 of the Code of Ordinances of the City of Round Rock, if prior written approval is obtained from the Fire Chief and the Director of Public Works. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 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 the Director of Public Works. 14.2 Major Changes Major changes shall be resubmitted following the same procedure required in the original PUD application. 14.3 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. 15. PROPERTY OWNER'S ASSOCIATION 15.1 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, including covenants and deed restrictions or amendments thereto, shall be submitted for review and approval to the Director of Planning 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 "F ", attached 6. hereto and incorporated herein, to insure incorporation of the items listed in Exhibit "F ". 15.2 Responsibilities of Association 17. BINDING EFFECT 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 plat not dedicated to the City. 15.3 Enforcement of Deed Restrictions The Property Owner's Association shall be the entity responsible for enforcing 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. 16. GENERAL PLAN AMENDED The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this agreement. This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 18. EFFECT ON LIVING UNIT EQUIVALENTS, AND OTHER INFRASTRUCTURE The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. 7. CITY OF ROUND ROCK By: Charles Cul e Mayor Date: is TOM E. NELSON TRUSTEE NO. 1 Printed Tb,n NE Lase.), -32c : 7204 it Ajqi Its: MUM/ ,N. 1.4- )4,,,4Z.LA. B. M E (TELSON JR. EXHIBIT "A" PARCEL 1 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, JR., FOUND OF RECORD IN VOLUME 571. PAGE 446: VOLUME 1294, PAGE 38; VOLUME 1294, PAGE 54; AND VOLUME 1381, PAGE 54, AND THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD. FOUND OF RECORD IN VOLUME 2027. PAGE 783. OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING 119.82 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northwest hwest comer of said Nelson tract of record in Volume 1294, . Page 38, for the northwest corner and POINT OF BEGINNE4G of the herein described tract, Thence. following the north line of the said Nelson tracts, the following two (2) courses and distances numbered 1 and 2, 1. N66'49 2997.11 feet to a point. 2. N69°09'44 "E, 3112.07 feet to a point for the northeast comer of the herein described tract same being the northeast corner of said Nelson Tract of record in Volume 1294, Page 38, Thence, with the west line of the herein S20°30'08"E, 121134 feet to a point for the southeast corner of the herein described tract, Thence, with the south line of the herein described tact the following eleven (11) courses and distances numbered l through 11, 1. S69°54'l7"W, 1001.11 feet to a point 2. S70°29'30 "W, 319.07 feet to a point 3. S43°00'04 "W, 95.76 feet to a point 4. with a curve to the left having a radius of 955.68 feet, an arc length of 835.15 feet and whose chord bears 1476'22'53"W, 808.83 feet to a point 5. S78°3535"W, 440.66 feet to a point at the beginning of a curve, 6. with a curve to the left having a radius of 938.70 feet, an arc length of 485.77 feet and whose chord bears S63°46'19 "W, 480.37 feet to a point 1 . S48°5637 "W, 520.82 feet to a point at the beginning of a curve, 8. with a curve to the right having a radius of 1050.00 feet, an arc length of 608.48 feet and whose chord bears S65°32'43"W, 600.00 feet to a point, 9. S82°08'48 "W, 1058.57 feet to a point at the beginning of a curve, 10. with a curve to the right having a radius of 1050.00 feet, an arc length of 115.83 feet , and whose chord bears S85° 18'25"W, 115.77 feet to a point 11. S88°28'02 938.71 feet to a point on the west line of said Nelson tract found of record in• Volume 1294, Page 38, for the southwest comer of the herein described tract Thence, following said west line, the following two (2) courses and d numbered 1 and 2, 1. N21 °45'00"W, 150.00 feet to a point, 2. N 18°25'07"W, 113.76 feet to the Point of Beginning containing 119.82 Acres of Land PREPARED BY: BRYSON AND ASSOCIATES VEYING CO., INC. mayl.doc 3401 SLAUGHTER LANE WEST AUSTIN, TEXAS 78748 (512)282 -0170 • PARCEL 2 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRALM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY. TEXAS, AND BELVG MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, JR., FOUND OF RECORD IN VOLUME 57I. PAGE 446; VOLUME 1294, PAGE 38; VOLUME 1294, PAGE 54; AND VOLUME 1381, PAGE 54, AND THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD, FOUND OF RECORD IN VOLUME 2027, PAGE 783, OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING 30.70 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west line of said Nelson tract of record in Volume 1294, Page 38, and from which point the northwest comet of said nelson tract bears N21 °4500"W, 150.00 feet and N 18°25'0" "W, 113.76 feet. Thence, with the north line of the herein described tract N88°28'02 "E, 938.71 feet to a point for the northeast comer oldie herein described tract Thence. with the east line of the herein described tract the following two (2) courses and distances numbered 1 and 2, 1. SO4°19'03"W, 683.56 feet to a point, 2. S21 °45'00 "E, 1285.25 feet to a point for the southeast comer of the herein described tract, Thence, leaving said east line S 70°2175 "W, 599.62 feet to a point on the west line of said Nelson tract for the southwest comer of the herein described tract, Thence, with said west line the following two (2) courses and distances numbered 1 and 2, 1. N20°0536"W, 647.16 feet to a point. 2. N21 °45'00'W, 1554.74 feet to the Point of Beginning containing 30.70 Acres of Land. PREPARED BY: / BRYSON AND ASSOCIATES URVEYING CO., INC. 3401 SLAUGHTER LANE WEST AUSTIN. TEXAS 78748 ( -0170 may2.doc BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAND CONVEYED TO TOM NELSON, IR, FOUND OF RECORD IN VOLUME 571. PAGE 446; VOLUME 1294, PAGE 38; VOLUME 1294, PAGE 54; AND VOLUME 1381, PAGE 54, AND THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED ID PERRY O. MAYFIELD. FOUND OF RECORD IN VOLUME 2027, PAGE 783, OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING 24.10 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the west line of said Nelson tact of record in Vohrme 1294, Page 38, same being the northwest comer of that certain tract of land conveyed to Westside Church of Christ of Williamson County, Inc. in Volume 2585. Page 532, for the southwest comer of the herein described tract. Thence. with the west line of the herein described tract the following two (2) courses and distances numbered 1 and 2, L N20°01'531V, 180.91 feet to a point, 2. N20°05'36"W. 1155.76 feet to a point for the northwest comer of the herein described tract, Thence, leaving said east line N 70°21'25 "E, 785.40 feet to a point, for the northeast comer of the herein described tract, Thence, with the easterly line of the herein described tract 520°05'38 "E, 1336.67 feet to a point for the southeast corner of the herein described tract, Thence. S70°217.5'W, 191.27 feet passing the northeast comer of said Westside Church for a total distance of 785.60 feet to the Point of Beginning containing 24.10 Acres of Land. may3.doc PARCEL 3 FIELD NOTES PREPARED BY: BAYS N AND ASSOCIA S SURVEYING CO.. INC 3401 SLAUGHTER LANE WEST AUSTIN, TEXAS 78748 512)282-0170 PARCEL 4 FIELD NOTES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE EPER4LM EVANS SURVEY, ABSTRACT NO. 212. SITUATED IN WILLIAMSON COUNTY. TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN FOUR TRACTS OF LAID CONVEYED TO TOM NIE SON, JR, FOUND OF RECORD IN VOLUME 571. PAGE 446; VOLUME 1294. PAGE 38; VOLUME 1294. PAGE 34; AND VOLUME 1381. PAGE 54, AND 'THAT CERTAIN 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD, FOUND OF RECORD IN VOLUME 2027, PAGE 783. OF THE OFFICIAL DEED RECORDS OF WILLI. MSON COUNTY. TEXAS. SAID TRACT BEING 197.04 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point on the south line of said Nelson [tact of record in Volume 1294, Page 38. sane being the southeast comer of the amain Dan of land conveyed to Weaside Church of Christ of Williamson County. Inc. in Volume 2585, Page 532. for the southwest comer of the herein described tract, Thence. with the west line of the herein dearnbed tract the following six (6) courses and distances numbered 1 through 6. 1. N20°59'03 "W. 350.00 feet to a point at the northeast corner of said church tract. N70°21'25"E. 191.27 feet to a point_ 3. N20'0538 "W, 1336.67 feet to a point, 4. S70°21'25"W, 185.78 feet to a point, 5. N21 ° 45'00"W. 1285.25 feet to a point, 6. N04°19'03 "E, 683.56 feet to a point for the northwest comer of the herein described tract, Thence, with the north line of the herein descn' bed tract the following tt tree (3) courses aid distances timbered 1 and 3. 1. with a eve to the left having a radius of 1050.00 feet , an arc length of 115.83 feet and whose chord bears 1485° 18'25'E. 115.77 feet to a point. 2. NS2'08'48"E. 1058.57 to a point at the beginning of a curve. 3. with a curve to the led having a radius of 1050.00 feet_ an arc length of 608.48 feet and whose chord bears N65'32'43 "E, 600.00 feet to a point at the notthwest corner of that certain 195.00 acre tract of land conveyed to Doyle Wilson Homebualder Inc., for the northeast comer of the herein described tract Thence. with the west line of the herein described tract the following seventeen (17) courses and distances numbered 1 through 17, 1. 545°00'37' E. 57.16 feet to apoint. 2. S05°50'45' E. 397.42 feet to a point. 3. S20 "E, 376.55 feet to a point, 4. 522°58'45 "E, 629.64 feet to a point, 5. 555'21'14 "E, 171.39 feet to a point, 6. 524°5135 "E, 167.86 feet to a point. 7. S66 149.15 feet to a point, 8. S35 19"E 130.49 feet to a point. 9. 562°50'36 "E, 81.96 feet to a point, 10. 541°3134 "E, 401.19 feet to a point, 11. 524°34'24 "E, 167.36 feet to a point, 12. 316°33'05"W, '5.33 feet to a point, 13. S07'51'52"E 181.08 feet to a point- 14. 572'49'54"E. 304.53 feet to a point 15. 325°31'53 "E, 133.95 feet to a point, 16. 33634'12"E, 191.14 feet to a point, 17. S43 642.78 feet to a point on the north right -of -way line of F.M. 1431, same being the southwest comer of said Doyle Wilson tract, for the southwest comer of the herein described Thence. with said nigh[ -of -way line S70°19'37"W, 2897.68 feet to the Point of Beginning containing 197.04 Acres of Land. PREPARED BY: may4.doc BR • ` AND ASSOCIATES i O CO., INC. 3401 SLAUGHTER LANE WEST AUSTIN, TEXAS 78748 (5121232 -0170 STATE OF TEXAS COUNTY OF WILLIAMSON That we, Tom E. Nelson, Trustee No. 1, Perry O. Mayfield, and Tom E. Nelson, Jr., the outright owners of the certain tract in Volume Page 38, Volume 49'i Page 5 Volume !JP! Page 54 , of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. Tom E. Nels n, Tru No. 1 (Owner) THE STATE OF TEXAS COUNTY OF WILL! PASO This instrument was acknowledged before me on the �d ay of .JA NUR Ry , 1996, (efifi TOM 6. NEL5OI J � TRusiss No. / , of , on behalf of said Notary Public, S trg Texas Printed Name: Ltt1C1577k6 Mit ' T/,UEZ' My commission expires: 8-5- 9 7 Perry O. M. ; field (0 =r) THE STATE OF TEXAS COUNTY OF Wll...Ld R mso. J This instr nt was acknowledged before me on the 3 un day of JAM U A k j 199 by PERRY mil yrlELn of on behalf of said Semdeb bhibiW_doc Notary Public, S to of Texas p Printed Name: ( uE l� My commission expires: R . - 4 '7 EXHIBIT B /A.)62.) /A�r To E. Nels n, Jr. (A .er THE STATE OF TE S COUNTY OF GWLLI4lYl& ,J This instrument wv�ass acknowledged before me on the 2021) day of J4"W'ne y , 199 G by TOm £. /V SQ 4J fit . of on behalf of said em4. Notary Public, Spitp Printed Name: J/16- "cieT //U 6 Z My commission expires: g-6"--9 Suedrb 'bbitb.doc SINGLE FAMILY 2 30.70 Acres SINGLE 24.10 Acres 3 FAMILY SINGLE FAMILY 1 4 197.04 Ames CAMPUS BUSINESS PARK F. M. 1431 119.02 Acres DO M os MaaMike Ii Hi Ann pal GRAPHIC SCALE 1IP nn 1 WI. -11 EX1- 1.1.B1 F l FIRE STATION SITE 0 O 0 0 N 0 2. DENSITY: EXHIBIT D DEVELOPMENT STANDARDS SINGLE FAMILY RESIDENTIAL 1. PERMITTED USE: Single Family Residential. 2.1 Minimum Lot Size: 6,500 square feet, with lots within each preliminary plat averaging at least 7,000 square feet. 2.2 Minimum Lot Frontage: 50 feet (measured at the front building line). 2.3 Overall Density: The overall density for Single Family Residential shall not exceed the 1990 General Plan requirement of four (4) units per developable acre. 3. BUILDINGS SETBACKS All setbacks shall be in accordance with the provisions and requirements of the City of Round Rock Zoning Ordinance for District SF -2 (Single Family- Standard Lot). 4. STREETS AND UTILITIES: 4.1 Access: No direct driveway access shall be permitted to Wyoming Springs Drive. 4.2 Underground Electric and Utility Lines: Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines and lines three phase or larger, shall be installed underground. No ground- anchored antennas or rooftop antennas over four (4) feet in height shall be allowed. 5. FENCING: All perimeter fences shall be constructed pursuant to Section 11.318 of the Code with wood, woodcrete, iron, C: \UPDGES \SEPUDS\MAYFIELD. EXH /cdc masonry, or a combination thereof. 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. All perimeter fences along Wyoming Springs Road shall be constructed and accepted as part of the normal subdivision improvements. Fence construction plans shall be approved by the Director of Planning prior to construction of fencing. 6. Landscaping: If there is no tree of 4" caliper or greater within the required front yard, each builder, prior to issuance of Certificate of Occupancy, shall plant two trees within the building setback area of the front yard. These trees shall be a minimum of one and one -half inch (1 -1/2 ") caliper container grown and may be a mixture of any of the following trees: all variety of oaks, elms, pecan and sycamore or trees of equal quality as approved by the Director of Planning. 2. 1. PERMITTED USES: EXHIBIT E DEVELOPMENT STANDARDS BUSINESS PARR 1.1 Primary Uses: Including, but not limited to, office, office /warehouse, research & development, light manufacturing and assembly. 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, related to its primary use. 2. PROHIBITED USES: Including, but not limited to, automotive and machinery repair, automotive and machinery painting, wrecking yard, sexually oriented businesses, and mini - warehouses. 3. OUTDOOR STORAGE: No outdoor storage of materials or equipment shall be permitted in any front yard, side street yard or buffer yard. Any outdoor storage on any other portion of the property shall be fully screened so as to not be visible 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 five (5) acres. 6. BUILDINGS SETBACKS AND HEIGHT: 6.1 Front yard setback - 75 feet. 6.2 Rear yard setback - 50 feet. 6.3 Side yard setback (internal) - 25 feet. 6.4 Side yard (street) setback - 75 feet for side yards along FM 1431, Wyoming Springs Drive or the primary 3. North -South connector which connects FM 1431 to Wyoming Springs Drive, tracts abutting residential areas and 50 feet for all other side yards. 6.5 Height - Building height shall be limited to two stories. 7. SIGN REGULATIONS: 7.1 All free standing signs shall be defined as any sign not attached to a building.. 7.2 Free standing signs shall not exceed six feet in height. 7.3 Free standing signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One free standing sign shall be permitted. 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. Small signs to direct clients or delivery trucks will be permitted if approved in writing by the Director of Planning. 7.5 Area Identification Signs, as defined in the Code of Ordinances, shall be permitted. 8. LANDSCAPING & BUFFERING: 8.1 Any parcel which abuts a residential lot shall provide a seventy -five (75) foot wide landscaped buffer which preserves the natural tree cover wherever possible. A site plan shall be approved by the Development Review Board (DRB) prior to the issuance of a building permit. 8.2 The height of the berm, as required in Section 9 below, shall be a minimum of three (3) feet in height and shall 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 should review the landscaping, elevations and abutting uses to ensure that the required visual screen will 4. be provided. Trees shall be planted no less than thirty feet apart. 9. PARKING & LOADING REOUIREMENTS: 9.1 The number of parking and loading spaces 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 street yard, exclusive of driveways, if a landscaped screen and berm is first approved in writing by the Director of Planning and is installed in accordance with Section 8.2, above. 5. The following items shall be included in the restrictive covenants which shall be recorded with a final plat for Single Family lots. 1. Amendment: EXHIBIT F The Declaration shall state that it may be amended by recording an instrument in the Williamson County Official Records executed by the appropriate authority if approved by Owners and the Mayor of Round Rock, on behalf of the Round Rock City Council, if any amendment pertains to any item in this Exhibit. 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 single family lots shall provide a minimum of four (4) parking spaces, two of which may be in the garage. 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. 3. Construction: All buildings shall be constructed of at least seventy -five (75 %) masonry on the first floor. The front facade shall be one hundred (100 %) percent masonry (excluding gables, doors, windows, vents and trim) up to the top plate of the first floor. No four foot by eight foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood or wood composite materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4. Parkins Restrictions: No recreational vehicles, boats or trailers shall be permitted to be parked within the development unless they 6. 5. Sians• are parked in a garage and the garage doors remain closed, except when in use. 5.1 Entry Sians All entry signs 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. 5.2 Prohibited Sians 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, 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. 5.3 Sign Maintenance The Property Owners Association shall own and maintain all signs. 6. Homeowners Association Responsibilities The Property Owners Association shall be responsible for enforcing the deed restrictions and restrictive covenants. Although the City reserves the right to enforce any provisions required by this POD, it is not the intent of the City to assume responsibilities normally reserved to the Property Owners Association. 7. FIELD NOTES EXHIBIT G BEING A 1.30 ACRE TRACT OF LAND BEING OUT OF AND A PORTION OF THE EPHRAIM EVENS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND PART OF A 1437.45 ACRE TRACT OF LAND CONVEYED TO T.E. NELSON JR. AS DESCRIBED IN DEED RECORDED IN VOLUME 571, PAGE 446 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SAID 1.30 ACRE BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FOR REFERENCE AT A 1/2 -INCH IRON ROD SET AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF F.M. 1431 (200' R.O.W.) AND THE •EAST LINE OF SAID 1437.45 ACRE TRACT, SAME BEING THE WEST LINE OF A 2023.28 ACRE TRACT OF LAND CONVEYED TO TEXAS CRUSHED STONE AS DESCRIBED IN DEED RECORDED IN VOLUME 880, PAGE 638 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. THENCE N 21'01'28" W ALONG THE EAST LINE OF SAID 1437.45 ACRE TRACT A DISTANCE OF 532.23' FEET TO THE SOUTHEAST CORNER OF SAID 1437.45 ACRE TRACT, S 70'21'00" W A DISTANCE OF 125.78' FEET TO A POINT FOR THE POINT OF BEGINNING AND NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 01'59'19" W ALONG THE EAST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 169.73' FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE PASSING THROUGH SAID 1437.45 ACRE TRACT THE FOLLOWING FIVE (5) COURSES: 1. S 70'21'00" W A DISTANCE OF 240.00' FEET TO A POINT, 2. N 19'39'00" W A DISTANCE OF 115.0' FEET TO A PIONT, 3. S 70'21'00" W A DISTANCE OF 385.20' FEET TO A POINT, 4. N 19'39'00" W DISTANCE OF 40.00' FEET TO A POINT, 5. N 70'21'00" E A DISTANCE OF 686.69' FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT AND CONTAINING 1.30 ACRES (56,778 SQUARE FEET) OF LAND. .411 Pi ot 6 • \. Doc # 9601043 # Pages: 32 Date : 01 -05 -1996 Time : 03:22:44 G.M. Filed 8 Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 71.00 TNF STATE OF TEXAS t:OUNTY OF WILLIAMSON This is to caddy drat this document was Ply: RECORDED In She Oedel Public Record, Williamson Count Taxes an the date arK um.. stamped thereon,. n/ ''nn `. COUNTY CLERK dC WILL IAMSON COUNT. I' LY,A, OI rY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664