Loading...
Z-97-02-13-9F - 2/13/1997 (2)STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK DOC# 9711659 1, 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 agreement entered Into by the City Council of the City of Round A R � ockk �� , �� �� Teexas , at a meeting held on the / 3 day of J Lb 'tt.l.�.+ , 1997 which is recorded In the minutes of the City of Round Rock in book 5t0 page (s) 51 CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 1 I day of `�� , 19 I J . OFFICIAL RECORDS WILLIANISON COUNTY, TEXAS •�4LALA /AeJL a J 1 NNE LAND A slstant City Manager/ City Secretary t:MPOOCS \OPOINAMC \3flO 1]P.NVO /.cg ORDINANCE NO. Z." - r I " O ).- /3- 1 r 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 REZONE 35.1820 ACRES OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) AND DISTRICT C -1 (GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 31. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone the property described in Exhibit "A ", pages (1 -4), attached hereto and incorporated herein, from MF (Multifamily) and C -1 (General Commercial to Planned Unit Development (PUD) No. 31, 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 1997, following lawful publication of the notice of hearing, and WHEREAS, after considering the public testimony on the 22nd day of January, such hearing, the Planning and Zoning Commission has that the Official Zoning Map be amended so that said public received at recommended the zoning classification of the property described in Exhibit "A" be changed to Planned Unit Development (PUD) No. 31, and WHEREAS, on the 13th day of February, 1997, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council has determined that substantial changes in conditions have occurred which justify the zoning classification change provided for herein, 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 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 ", pages (1 -4) is hereby changed from MF (Multifamily) and C -1 (General Commercial) to Planned Unit Development (PUD) No. 31. 2. H. 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. READD,PASSED, and ADOPTED on first reading this i 3 - day of 1997. Alternative 2. READ and APPROVED on first reading this the day of , 1997. READ, APPROVED and ADOPTED on second reading this the day of , 1997. ATTEST: LAND, City Secretary 3. CHARLES 1 PPER, Mayor City of Round Rock, Texas AGREEMENT AND DEVELOPMENT PLAN FOR CRT.yv ` 'PUD NO. . THE STATE OF TEXAS COUNTY OF WILLIAiMSON 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 Catlyn Round Rock, Ltd., a Texas limited partnership, (hereinafter referred to as the "Owner"). WHEREAS, the Owner has submitted a request to the City to rezone approximately 35.308 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, pursuant to Chapter 11, Section 11316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section [I of this AgreerAgreement; and tAA? WHEREAS, on iwy 41; 1997 ,the City's Planning and Zoning Commission recommended approval of file Owner's application for a 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: GENERAL PROVISIONS L CONFORMITY WITH DEVELOPMENT PLAN U , TF3fi4EPUDS111U3WO.V,d, All uses and development within the property shall generally conform to the Development Plan set forth in Section If herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.15 below are followed. 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1990 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. A lienholder consent is attached hereto and incorporated herein as Exhibit "B ". 5. MISCELLANEOUS PROVISIONS 5.1 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. 5.2 Severability. In case 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 provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.3 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. 5.4 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.5 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. 5.6 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 ( and their respective successors and assigns ), any rights, benefits or remedies under or by reason of this Agreement. 5.7 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.8 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 Catlyn Round Rock, Ltd. c/o Catlyn Capital Corp. 100 Crescent Court, Suite 250 Dallas, Texas 75201 Attn.: Robert L. Trimble 5.9 Effective Date. CITY OF ROUND ROCK City of Round Rock, Texas 22l 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. 5.10 Appeals of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within one year following receipt by the Owner of the written confirmation of the decision. 5.11 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1 DEFINITIONS 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 ". 2. PROPERTY This Development Plan ( "Plan") covers approximately 35.308 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan as amended, 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 or 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 of the Code. 4.2 Other Ordinances 5. PERMITTED USES All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. The Property shall be used and developed for multi family use in accordance with the Development Standards set forth in Exhibit "C" attached hereto and incorporated herein. 6. DEDICATION OF RIGHT OF WAY FOR STATE HIGHWAY 45 Within sixty days following the effective date of this Agreement, Owner shall dedicate to the Texas Department of Transportation ( "fxDoT'), the southem one hundred and fifty (150') feet of the Property identified as ROW Land on Exhibit "D", attached hereto and incorporated herein ( hereinafter referred to as the "ROW Land" ). The dedication of the ROW Land shall be solely for the purpose of constructing State Highway 45 and related facilities and infrastructure. In this regard, the dedication document shall contain a reversionary clause to provide for the reversion of the ROW Land to the Owner if, and at such time as, the Texas Highway Department determines that the ROW Land is not needed for the construction of State Highway 45. The northern boundary of the ROW Land shall be considered street frontage for the purpose of establishing building setbacks and street yards under this Development Plan. 7. DENSITY TRANSFER: Upon dedication of the ROW Land, Owner shall be granted a density transfer for the apartment units which could have been constructed on the dedicated ROW Land. The density transfer results in a maximum of 704 units on the balance of the Property, after dedication of the ROW Land. 8. PARKLAND City parkland dedication requirements shall be waived in exchange for the construction of private on- site amenities described in Exhibit "C ". 9. HIKE & BIKE TRAIL Owner shall have the option to construct a hike and bike trail in lieu of sidewalk construction along Louis Henna Blvd. If this option is chosen, the Owner shall construct a six foot ( 6' ) wide hike and bike trail within the area of the Property which lies immediately north of the ROW Land. This trail shall be constructed of crushed granite or concrete, at the Owner's option. The trail shall include landscaping as outlined in the landscaping section of Exhibit C. The trail shall be constructed in sections as part of each phase of development of the Property and shall be designed to connect into any similar trail system located on the southem portion of the tracts immediately adjacent to the Property on both the east and west borders. Prior to the completion of a connecting trail system on the southern portion of the adjacent tracts to the east and west of the Property, the Owner shall be required to construct only the portion of the trail system within the phase of the Property being developed. Within 180 days of Owner's receipt of written notice from the City that the connecting trail system on the southem part of an adjacent tract has been constructed, the Owner shall complete the trail to provide a connection to the completed trail system on the southern portion of the adjacent tracts. At such time as 1) fifty (50 %) or more of the land area within the Property is developed, or 2) a sidewalk or trail system is completed on either side of the Property, the Owner shall complete the construction of the entire trail system within the Property. 10. PHASED DEVELOPMENT The Property may be developed in phases. 11. BUILDINGS Building size, dimension, height and setbacks shall be regulated by the Development Standards set forth in Exhibit "C ". 12. LANDSCAPING Landscaping and buffering shall be regulated by the Development Standards set forth in Exhibit "C ". In addition trees eight (8 ") inches or greater in diameter located along the drainage area generally shown in Exhibit "E" shall be preserved or replaced with equivalent trees. This drainage area shall be contoured and landscaped as an open surface drainage way, unless an enclosed drainage system is required by the Director of Public Works. 13. SIGNAGE Signs shall be regulated by the Development Standards set forth in Exhibit "C ". 14. ACCESS Vehicular access to the Property from Louis Henna Blvd. within 200 feet of the western boundary of the Property shall be aligned with Jazz Street where it intersects the south right of way line of Louis Henna Blvd, unless otherwise dictated by the State of Texas or other applicable governmental agency. All other vehicular access shall be as approved by the State of Texas or other applicable governmental agency. Vehicular access from Louis Henna Blvd. to the property shall be limited to three (3) locations. 15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 15.1 Minor Chanties Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively if approved in writing by the Director of Public Works, the Director of Planning and Community Development, and the City Attorney. 15.2 Maior Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 15.3 Inclusion of Adjacent Land into the PUD In the event that the adjacent five acre tract, shown as Parcel "A" in Exhibit "E ", is acquired by the Owner, it may be included as part of this PUD following the procedures set forth in Section 15.2 above. 16 . GENERAL PLAN AMENDED The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this Agreement and Development Plan. CITY LINND ROCK, TEXAS CATLYN ROUND ROCK, LTD. Bv. „(. k By: Catlyn Capital Corp. Charles Culpepper, Mayor It's general partner. Date: tit S1` - By: C. DakG1 3.1VUlt V W..a Robert L. Trimble, xec. Vice Pres. Date: .3'- 4 - 97 EXIMIT "A" FIELD NOTES FOR CATLYN ROUND ROCK, LTD. Page 1 of 2 BEING 35.308 acres of land, situated in the Asa Thorns Survey, Abstract No. 609, in Williamson County, Taos. Said land being a portion of that certain tract of land, called 22.50 acres, as described in a deed to Oscar L Grossman and wife Fdnh Grossman, of record in Volume 2173, Page 117, of the Official Records of WiIOunson County Texas, also being that certain tract of land, called 18.94 acres, u conveyed to Billy W. Glenn and wife, Asset Glenn, by deed u recorded in Volume 1375, Page 321, of the Official Records of 'Munson Term Surveyed on the ground in the morels ofNovernber, 1996, under the supervision ofDen H. Bissell, Registered Professional Land Surveyor, and being more particularly described as follows, BEGINNING at an iron pin found on the north line 0E Rosd No. 170, being on the west line of the above-referenced 22.50 acre Grossman tract, being the Northwest corner of thst certain tract of land, called 2.245 acres, as conveyed to the County of W Ulam as by deed u recorded in Volume 1629, Page 891, of the Official Records of Mamma County, , otarldng the Southeast corner of that certain ttea of Teams Computer Holdings, LP., by dad u Document in Docum 09606843, of the Official Records County, Taal, said point being N 5' 34' 30' E. 83.70 feet, more or !m, Ram the Southwest comer ache said 22.50 acre tract, for the Southwest comer baeo4 THENCE, along the said west line of the said 22.50 acre Grossman tract, being the at foe of the said 41.10 acre Den Computer Holdings, LP. tract, N 5 30' E, 1 ,321.78 feet to an iron pin found marking the Southwest earner of that certain on of land, called 5.00 acres, u conveyed to Rand Rock County Road 170 Ltd., by dad as recorded in Volume 1002, Page 1, of the Official Records of Wlftamson County, Teat, for the most westerly Northwest earner hereof, THENCE, S 84' 23' 30' E, 588.78 feet to an 'son pin found on the east foe of the said 22.50 acre Grossman tract, being the west fine of the above - referenced 18.94 acre Glean mac{ touting the Southeast comer of the said 5.00 acre Round Rock County Road I70 Ltd. tract, for an interior rooter hereof: TFI��I N 5' 39' E, 377.74 feu to an iron pin found on a southerly line of that certain tract of land, called 117 acre, (Save & Except 70 acres) as conveyed to Doyle Eckerson and wife, Evelyn 1Tidtcsan, by deed as corded bt Volume 526, Page 50, of the Deed Records of Williamson County, Texas, for the Nonhwest corner of the said 18.94 acre Glenn tram, being the Northeast earner of the said 5.00 acre Round Rock County Road 170, Ltd. tract and the Northeast corner of the said 22.50 acre Grosa7nan tract, for the most northerly Northwest corner hereof; THENCE, with a fence along the north fine of the said 18.94 acre Glenn tract, being a southerly fine of the said Eckerson tract; S 86' 22' 30' E, 13131 feet to a man found, and S 86'27 30' E, 457.20 feet to an bon pin set u a fence comer marking an interior corner of the said Eckerson tract, being the Northeast comer of the said 13.94 ace Glom tram, for the Northeast corner hereof, THENCE. along the east line of the said 18.94 sae Glenn track with a fence S 2' 45' 30' W, 670.51 feet to an iron pm found u it fence comer marking the most soot aiy Southwest comer of the said Eckerson tract, being the Northwest comer of that amain erect of land, called 11.30 acres, u conveyed to Bunny Neyens by deed as recorded in Volume 817, Page 708, of the Deed Records of WEGarnsoa County, Teas, being the most northerly corner of that certain ran of land, caned 0.049 of an acre, as conveyed to Buoy Neyens by deed u recorded in Volume 817, Page 710, of the Deed Records of Wt'iliamson County, Ten, mad leaving the said fence S 2' 20' W, 607.94 feet to an iron pin found on the said north One of County Road No. 170, marking the Southeast comer of the said 18.94 acre Glenn tract, being the Southwest comer of the said 0.049 of an acre Neyeu tract, being the most easterly coma of that certain tract of lard, called 1.092 acres, as conveyed to The County of Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of Wdliuosoo County, Teas, for the Southeast comer hereof. Steger 6c Dismal! t iiR FRI t R T1NCE, along the said north line of County Road No. 170, being the south lime of the said 18.94 acre Glenn tract, and the northerly line of the said 1.092 acre County of W illiamson track as follows; N 58' 23' W. 121.63 feet to an iron pin set; N 76' 20' 30' W, 61.53 feet to an iron pin set; S 84' 13' W, 74.06 feet to an set; S 63' 23' 30' W, 59.85 fed to an iron put set S 54'21' 30' W, 192.05 fed to an iron put set S 55' 51' 30' W, 136.26 fed to an iron pin set for the mom westerly comer of the said 1092 acre County of Williamson trsct, being the most easterly corner of the said 2.245 acre County of Williamson tram, and continuing along the north line of the said 2.245 we County of Williamson, Texas tract, S 7T 13' W, at 119.23 feet, passing an iron pin found marking the Southwest comer of the said 18.94 acre Glean tram, being on the feet, in to an iron east line of the said 22.50 sae Grossman track for a total distance of 133 lot, pin found at the beginning of a curve to the left, (Rath 76' 21' W, 351.44 feet); Theme, along the said curve for an are distance of 351.45 feet to an iron pin set; Thence, S 75' 30' W, 208.11 fees to the Plain of BEGINNING and containing 35.308 acres (1,538,130 square feet) ;gland. STATE OF TEXAS IO40W ALL MEN BY T13ESE PRESENTS: COUNTY OF WILLLAMSON ( The undersigned herby certifies to Cstlyn Round Rock, Ltd. and the Guy of Round Rock that a survey was made on the ground in November. 1996, tinder my supervision and correctly shows, on the basis of a field transit survey trade in accordance with the current =curacy standards of the Texas Surveyor's Association Standards and Specifications for a Category LA, Candltion 3 survey; (h) a fixed a determinable position and location of the herein described land (nch1ding the position of the point of beginning) and the boundary linen and dimensions and area of the lid indicated hereon; a the location of all improvements and the relation of sly such improvements to the property Tines of the land; and n the location and dimension' of all alleys, scree, roads, drive - ways or other atu on the curbs along any street upon vebirh the land abuts, rights ess_onenu and other matters of record of which the undersigned has know ledge or has been advised sfecdng the land according to the legil description in such easements and other matter (with lemmata, book and page number iodated). The undersigned fttrthe: texu5es that a) except as clearly shown and identified u such, the are no viable easements, rights conflicts drainage ditohe., pap lut er es, sets backs and/or building Tees, raadwsyt. party which affrm the subject property, (b) arc epr as clearly shown and identified u such, there are no visible enaoschmenu an adjoining praises, streets or alleys by any of said buildings, structures, or other improvements and, ceps as clearly shown and identified u such, there are no viable encroachments on the subject property by buildings, structures or other improvements situated on adjoining premises; (c) ingress to and egress from the subject property is provided by County Road No. 170, the same being paved, a dedicated public right-of-way maintained by WMMTiamson County. (d) all required building set back lines on the subject property are located as shown hereon; and (e) the Survey reflects boundary lines of the herein described land which 'close' by engin- • g calculations. Don FL Biaell Registered Professional Land Surveyor, No. 2218 State ofTexu 1978 S. Austin Avenue 512- 863 -021 S b• B Project No. 18239 Revised: December 12, 1996 Page 2 of 2 Re ta379fmcda /2/,z/q Date atE c�0 EXHIBIT "B" Lienholders Consent THERE ARE NO LIENHOLDERS OF RECORD EXHIBIT "C" DEVELOPMENT STANDARDS MULTI -FAMILY RESIDENTIAL 1. PERMITTED USE The permitted use shall be residential apartments and/or condominiums. 2. DENSITY UATEITlNYDEN 112EXQI.2./ede A maximum of 704 units shall be allowed on the balance of the Property after dedication of ROW Land. 3. HEIGHT 3.1 No more than fifty percent (50 %) of apartment buildings located within 100 feet of the northern right of way boundary of Louis Henna Boulevard, or within 100 feet of the western boundary of the Property shall exceed two stories in height. Exhibit "F ", attached hereto, contains an illustration of this height requirement. (Exhibit "F" serves as an example of the height requirement only and should not be considered the final architectural rendering of the actual buildings which will be constructed). 3.2 No buildings on the Property shall exceed three stories in height. 3.3 One story buildings are permitted anywhere on the Property. 4. DESIGN STANDARDS 4.1 All walls which exceed 75 feet in length shall include offsets. 4.2 One hundred percent (100 %) of the exterior walls on all buildings shall consist of Masonry. Masonry shall mean stone, brick, stucco, or cementous base siding such as "Hardi Plank ". 4.3 The minimum standard for roofing materials shall be 25 year laminated architectural dimensional shingles. 4.4 All apartment buildings shall have pitched roofs, with a pitch of no less than 3 / 12. 5. BUILDING SETBACKS: 5.1 Primary Building Setbacks: 6. LANDSCAPING: 5.1.1 Street Yard: Street Yard setbacks shall be 25 feet if no parking is located in the Yard, or 50 feet if parking is located in the Yard. 5.1.2 All Other yards: The setbacks for all other Yards shall be 20 feet. 5.2 Carport Setbacks: 5.2.1 Street yard: Carports shall not be permitted within a Street Yard. 5.2.2 All Other Yards: The carport setbacks for all other Yards shall be 10 feet. 5.3 Phased Develooments: When development is phased on the Property and such phasing is designed to be part of a single development, setback requirements will not apply between development phases, unless access to any such development phase is provided directly from a public street, in which case the street yard setback shall apply to the frontage on such street. 6.1 Street Yards and Yard Abutting the Western Boundary of the PUD: Landscaping shall be provided in the Street Yard and the Side Yard which fronts the western boundary of the PUD as a buffer from the adjoining tracts. Such buffering may be accomplished by providing landscaping or a combination of landscaping and berming. Landscaping and berming shall meet one of the two following criteria: 6.1.1 Landscaping: The method of calculating the number and size of plant materials shall be based on planting or preserving one large tree (3" or larger caliper), two small trees (1.5" or larger caliper), and six shrubs (one gallon or larger) per every thirty (30) linear feet of street frontage. 6.1.2 Berms and Landscaping: Berms shall be a minimum of three feet high along its total length The berm shall be placed to blend into the natural surroundings of the site. When landscaping is combined with berms the method of calculating the number and size of plant 7. FENCING materials shall be based on planting or preserving one Large tree (3" or larger caliper, two small trees (1.5" or Larger caliper) and six shrubs (1 gallon or larger) per every forty (40) linear feet of street frontage. When parking is located in a Street Yard the parking area shall be buffered by berms or landscaping at Owners option. 6.1.3 Site Plan: Although the requirements of 6.1.1 and 6.1.2 must be met, plant materials may be concentrated at various locations to permit the greatest design flexibility when approved as part of a site plan by the City's Development Review Board. Fencing may be constructed in any yard and along any property line for the purpose of screening or security. When fencing is constructed it shall meet the following standards: 7.1 Street Yard: Fencing in street yards shall be constructed of wrought iron or similar material, masonry or woodcrete. All posts shall be set in concrete required to ensure a sturdy and durable fence. Street yard fence materials shall wrap around and extend 50 feet along side property lines. 7.2 Other yards: Fencing in yards other than Street Yards shall be constructed of wood, woodcrete, masonry or wrought iron. All fence posts shall be either masonry or rust resistant wrought iron or steel set in concrete. The finished side of all perimeter fencing shall face the outside of the development. 7.3 Western Boundary Fence: Owner shall build a fence along the western boundary of the PUD constructed of wood, woodcrete, masonry, or wrought iron. 8. SITE PLAN REOU1RED A site plan for each phase shall be submitted to the City's Development Review Board to ensure compliance with the terms of this Agreement prior to the issuance of a building permit for that phase. 9. SIGNS 9.1 All Freestanding Signs shall be Monument Signs, as defined by the Code. 9.2 One sign shall be permitted at each entrance to the Property. The maximumarea of each sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be one hundred square feet.Portions of the structure on which the sign is located, which are not contained within the polygon, are not counted as part of this one hundred feet. 9.3 Internal directional signs, facility identification signs, building identification signs, and regulatory signs are not restricted. 10. VEHICLES IN STREET YARD No recreational vehicles, boats, trailers, or commercial trucks shall be permitted to be parked in any Street Yard. 11. AMENITY PACKAGE Private recreation amenities shall be provided on the Property, in lieu of parkland dedication. The Owner shall provide swimming pools and clubhouse facilities in accordance with the following minimum standards: Swimming Pools: 6 square feet of water surface per dwelling unit Clubhouse Facilities: 5 square feet of floor area per dwelling unit It is understood that there may be multiple swinuning pools and clubhouse facilities depending upon the number of dwelling units. Additionally, the Owner shall provide, at his option, one of the following recreational amenities in accordance with the following minimum standards in each development phase: Exercise Facilities: Putting Greens: Sports Courts: Tennis Courts: 1 square foot per dwelling unit 1.6 square feet per dwelling unit, with a minimum of 400 square feet 4 square feet per dwelling unit, with a minimum of 1200 square feet 24 square feet per dwelling unit, with a minimum of 7200 square feet 4 12. PARKING STANDARDS Parking shall be provided as follows: 12.1 Efficiency units shall be allowed 1.0 space per unit. 12.2 One bedroom units shall be allowed 1.5 spaces per unit. 12.3 Two bedroom units shall be allowed 2.0 spaces per unit. 12.4 Three bedroom units shall be allowed 3.0 spaces per unit. 12.5 Additional guest parking spaces shall also be provided in a number equal to five percent (5%) of the number of parking spaces required for the total number of units. 12.5 All parking spaces shall be a minimum of nine feet (9') wide. EXHIBIT "D" FIELD NOTES FOR PROPOSED RIGHT -OF -WAY Page 1 all BEING 3.356 area etland, situated In the Asa Thomas Survey, Abstract No. 609, in Williamson County. Texas. Said land being a portion of that certain tract of land, called 22.50 acres, as described in a deed to Oscar 1. Grossman and wife, Edith Grossman, of record in Volume 2173, Page 117, of the Official Records of Williamson County, Taw, and a potion of that certain trace of land. piled 11.94 arcs, u conveyed to Billy W. Glenn and wife; 1anr Glenn, by deed u recorded in Volume 1375, Page 321, of the Official Records of Wt7Gamson Couny, Tam. Surveyed on the ground in the month of November, 1996, under the supervision of Don H. Biae11, Registered Professional Land Surveyor, and being more panlashedy deunbed u follows, BEGIN TNG at an iron pin found on the north Iine of County Road No. 170, marking the Southeast corner of the said 15.94 are Glenn tract, being the Southwest corn of that certain tract of land, wiled 0.049 of an acre, u conveyed to Bunny Neyena by deed as recorded in Volume 617, Page 710, of the Deed Records of Williamson County. Texas, being the most easterly corner of that certain tract of land, called 1.092 arcs, as conveyed 10 The Carney at Williamson by deed as recorded in Vobsnx 1 629, Page 891, ofthe O>iidal Records of WnWlfameon County. Tana, for the Southeast corner haute T13ENC , along the raid north line of County Road No. 170, being the north Tax of the said 1.092 are County of W i lumens tract, being the south One of the mid 18.94 acre Glom tract, as follow; N 58' 23' W, 121.63 fat to an iron pin set N 76' 20 30' W, 61.53 Foot to as iroe pin set S 84. 13' W, 74.06 feet to an set S 63' 23' 30' W, 59.65 fat to an iron pin ad; S 54' 21' 30' W, I92.05 feet to an iron pin set S 55'51' 30' W, 136.26 feet to an iron pin set for the most easterly comer of that certain tract of land, plied 2.245 acres, as conveyed to The County of WBSamson by dad u recorded in Volume 1629, Page 891, of the Official Records of Williamson County. Taus, being the most westerly coma of the said I.092 are Cooney of Williamson tract, and continuing along the nosh Ilea of the 864 2.245 are County of WOlamaen tract, S 77' 13' W, at 119.23 feet pass an iron pin found marking the Southwest comer of the said 18.94 acre Glom tract, being on the east line of the above-referenced 22.50 are Graamxan tract, for a total distance of 133.99 feet, in ail, to an iron pin found a! the begf ndng of a curve to the left, (Radius - 11,760.10 fat, Lang Chord bears S 76'21' W, 351.44 feet); Thew along the said curve for an arc distance of 351.45 feet to an iron pin set; Thence, 5 75' 30' W, 208.11 feet to an iron pia found on the west lute of the said 22.50 acre Grossman tract, being the Northwest corner of the said 2245 acre County of Williamson tract, marking the Southeast comer of that certain tract of land, called 41.10 acres, as conveyed to Dell Computer Holdings, LP., by deed u recorded in Dowmeat 69606843, of the OfSdal Records of WDEemson County, Texas, said point being N 5. 34' 30 2, 83.70 feet, more or less. from the Southwest corner of the said 22.50 acre tract, for the Saunhwest comer hereof, THENCE, along the and west line of the said 22.50 are Grossman tract, being the cut Sae of the said 41.10 acre Dell Computer Holdings, L.P. tract, N 5' 34'30' E, 150.00 feet to a point, for the Northwest corner hereof; THENCE. N 75' 52' 1; u 625.42 fat pus the east line of the said 22.50 acre Grossman tract, being the west !ine of the said 18.94 acre Glenn tract, for a total distance 0(1,313.14 feet, in erg, to a point on the east line of the said 18.94 ace Glenn tract, being the west line of the said 0.049 of an are Meytuts tract, for the Northwest comer hereof, THENCE, S 2' 20' W, 150.00 feet to the Place of BEGINNING and containing 3.356 sera (146,190 Square Fat) of land, of which 2.022 area (68,080 Square Feet) of land are situated in Steger Lc Ilizzall Cngineering, Inc. Cr... ram... w..= P. 0. Mt era a..•pt.r. T ... run the said 22.50 acre Gramm tract and 1.334 acres (58,110 Square Fat) of land are situated in the said 11.94 acre Glenn tract. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ( The undersigned hereby certifies to Catlyn Round Rock, Ltd. and the City of Round Rode that a survey was made on the ground in November, 1996, under my supesvidon and correctly shows, an the basis of a field transit survey made in accordance with the omen accuracy standards of the Texas Surveyor's Assodation Standards and Speciaattans for a Category IA, Condition 3 raver (1) a fixed a determinable position and loadoa of the herein dumbed land (Including the position of the point of hesitating) and the boundary Ben and dimendons and area of the land irdieued hereon; (it) the location of al mpravemams and the relation of an such improvements to the property 6aas of the land; and (us) the location sad tit of all anal meet, roadw, delve -ways or other tans on the oasbs slang say area upon which the land shut; sighs -o1 way easements and other mattas of record of which the tmdetsigned his knowledge or hu been advised affecting the land according to the legal desaipdon in such easements and other maters (with instrument, book and page number mediated). The undersigned gather certifies that (a) eer:ept u dearly shown and identified u suds, there are no viable easements, tights -a6way, drainage ditches, power Boa, set back and/or building lines, railways, party wens or eon01cts which affect the subject property; (b) exspt as dearly shown and identified u such, thae are no visible enaoaclvne no on adjoining premises, scents or alleys by any of said buildings, structure; or other improvements and, accept u dearly shown and Identified as atilt, there are in visible encroachments on the subject property by betiding', arrnamaa or other hmprovpgans situated on adjoining premises; (c) ingress to and egress from the subject property Is provided by County Road No. 170, the same being paved, a dedicated pubic right o&way maintained by Williamson County, (d) ail required building set back Ems on the subject property are located as shown hereon; and (e) the Survey refiecrs boundary Ban of the herein described land which close by evince i)g calculations. Dan H.Zizt:ll Registered Professional Land Surveyor, No. 22I8 State of Texas 1978 S. Austin Avame 512 - 863 -4521 S R B Project No. 18239 Revised: December 12, 1996 Page 2 or 2 Flue tt339v..dce cU. /2 / /a C. • Data Steger de Diane!! Engi nearing, Inc. I O. ts.I teats J v" r Q • A PARCEL A 5.0 AC. ROUND ROCK0 couNrt x6 410 1002 /I fTJ - " r\ - U N 22.50 AC./ 8a wife, % OSCAR 91:01GROSSMAN ROSSMAN m m .2173/117 ' l' 564 ° 23'30 ° G, 56 CN54' 25', -Pv,, 5.5a 52' ) / / 5 5.5 8 T N u 1 o j\ . of l Ij EXHIBIT E SAVE 9 EXCEPT <" E" IiiCxen +. �o NICKER f! wife, 0 y(tE 526 /50 • C.384.* If 934 • V9. /3/. 59') ROAD R$ a. b o ut 6.76 pC. go 586' 27' 30 a 457 20 1 (586° 26'30'C, 457.; 3') AC. `g28 8370 50 VT. ll 1 4 0 N _ a 1 y 40 8 PG /!3!3 r�. Nc. °Y , C 14 La 7 9L ? tom' It, GN �.- • ,4t F/ 15 3 35 A 133 cS% e Q' a .rte s. N oa L �� 2 A C• ',1 f58' ° �:� O ^ ��c ■ Z. , (8 g•Oe ;° ✓ � o _ s ms s . % / . . 4:131.' • a p -� x' 06 ! 0 mss. IOW C • J � . , _ a. n65 AC: n G ILLIAMS� .3.. — r e v •*3c` THIS IS AN EXAMPLE ONLY EXHIBIT F Docft 9711659 M Pages: 24 Date : 03 -20 -1997 Time : 08:30:41 A.M. Filed & Recorded in Official Records ELAINE f BIZ7EN TX. COUNTY CLERIC Rec. $ 55,00 �ww 11Y1.4/11egeasisMamMuotio and WOKS 1 SO 0.0 111111 WA of %WNW fr we fMn *„wnffwffs 4. Num cum MOM 'OAS /21,tu `iry *4) . CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 • N. V • tat V ►.� : y vo - 4uuuu11111M GLEN-GROSSMAN TRACT REZONING FROM MF, C1 TO PUD 31 (31.182 Ac SF -2 ut of City G1nEres..w wren mw DOCt1 9717065 THE STATE OF TEXAS COUNTY OF WILLIAMSON RIGHT -OF -WAY DEED WHEREAS, Catlyn Round Rock, Ltd., a Texas limited partnership ( "Grantor "), is the owner of the Property (herein so called) comprising Planned Unit Development No. 31 of the City of Round Rock, Texas ( "PUD No. 31") created pursuant to Ordinance No. Z- 97- 02 -13 -9F of the City of Round Rock, Texas read, passed and adopted on the 13th day of February, 1997 (the "PUD No. 31 Ordinance "); and WHEREAS, pursuant to the PUD No. 31 Ordinance and the Agreement and Development Plan for PUD No. 31 Grantor is required to dedicate a portion of the Property for use as a right -of- way for Texas State Highway 45 and related facilities and infrastructure. NOW, THEREFORE, in satisfaction of that obligation, Grantor hereby grants, dedicates and conveys to the City of Round Rock, Texas ("Grantee) that certain land situated in the Asa Thomas Survey, Abstract No. 609, in Williamson County, Texas and more particularly described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes (the "Right -of -Way Land ") for use as a right -of -way for Texas State Highway 45 and related facilities and infrastructure, subject, however, to the matters set forth on Exhibit "B" attached hereto and incorporated herein by reference for all purposes. To have and to hold the Right -of -Way Land to Grantee its successors and assigns and Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the Right -of -Way Land to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise. EXECUTED to be effective the 9th day of April, 1997. CATLYN ROUND ROCK, LTD., a Texas limited partnership By: Catlyn Capital Corp., a Texas corporation, General Partner By: Robert L. Trimble Executive Vice President RECORDS OF FICIAL WILLIAMSON Co LINTY, mus 2 THE STATE OF TEXAS COUNTY OF DALLAS § This instrument was acknowledged before me on the ('. day of April, 1997, by Robert L. Trimble, the Executive Vice President of Catlyn Capital Corp., a Texas corporation, the General Partner of Catlyn Round Rock, Ltd., a Texas limited partnership, on behalf of said partnership. JOYCE PITION Notary Pubic State of Texas Commission Expires 10-26-97 My commission expires: - 2 - blic in and for the State of Texas Printed Name of Notary EXHIBIT "A" FIELD NOTES FOR PROPOSED RIGHT -OF -WAY BEING 3.356 acres of land, situated in the Asa Thomas Survey, Abstract No. 609, in Williamson County, Texas. Said land being a portion of that certain tract of land, called 22.50 acres, as described in a deed to Oscar J. Grossman and wife, Edith Grossman, of record in Volume 2173, Page 117, of the Official Records of Williamson County, Texas, and a portion of that certain tract of land, called 18.94 acres, as conveyed to Billy W. Glenn and wife, Janet Glenn, by deed as recorded in Volume 1375, Page 321, of the Official Records of Williamson County, Texas. Surveyed on the ground in the month of November, 1996, under the supervision of Don H- Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found on the north San of County Road No. 170, marking the Southeast corner of the said 18.94 acre Glenn tract, being the Southwest corner of that certain tract of land, called 0.049 of an acre, as conveyed to Bunny Neyens by deed as recorded in Volume 817, Page 710, of the Deed Records of Williamson County, Texas, being the most easterly corner of that certain tract of land, called 1.092 acres, as conveyed to The County of Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of Williamson County, Texas, for the Southeast corner hereof; THENCE, along the said north line of County Road No. 170, being the north line of the said 1.092 acre County of Williamson tract, being the south line of the said 18.94 acre Glenn tract, as follows; N 58° 23' W, 121.63 feet to an iron pin set; N 76° 20' 30' W, 61.53 feet to an iron pin set; S 84° 13' W, 74.06 feet to an set; S 63° 23' 30' W, 59.85 feet to an iron pin set; S 54° 21' 30" W, 192.05 feet to an iron pin set; S 55° 51' 30" W, 136.26 feet to an iron pin set for the most easterly corner of that certain tract of land, called 2.245 acres, as conveyed to The County of Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of Williamson County, Texas, being the most westerly corner of the said 1.092 acre County of Williamson tract, and continuing along the north line of the said 2.245 acre County of Williamson tract, S 77° 13' W, at 119.23 feet pass an iron pin found marking the Southwest corner of the said 18.94 acre Glenn tract, being on the east line of the above- referenced 22.50 acre Grossman tract, for a total distance of 183.99 feet, in all, to an von pin found at the beginning of a. curve to the left, (Radius = 11,760.10 feet, Long Chord bears S 76° 21' W, 351.44 feet); Thence, along the said curve for an arc distance of 351.45 feet to an iron pin set; Thence, S 75° 30' W, 208.11 feet to an iron pin found on the west line of the said 22.50 acre Grossman tract, being the Northwest comer of the said 2.245 acre County of Williamson tract, marking the Southeast comer of that certain tract of land, called 41.10 acres, as conveyed to Dell Computer Holdings, L.P., by deed as recorded in Document 69606843, of the Official Records of Williamson County, Texas, said point being N 5° 34' 30" E, 83.70 feet, more or less, from the Southwest comer of the said 22.50 acre tract, for the Southwest comer hereof THENCE, along the said west line of the said 22.50 acre Grossman tract, being the east line of the said 41.10 acre Dell Computer Holdings, L.P. tract, N 5° 34' 30° E, 150.00 feet to a point, for the Northwest corner hereof; THENCE, N 75° 52' E, at 625.42 feet pass the east line of the said 22.50 acre Grossman tract, being the west line of the said 18.94 acre Glenn tract, for a total distance of 1,313.14 feet, in all, to a point on the east line of the said 18.94 acre Glenn tract, being the west line of the said 0.049 of an acre Neyens tract, for the Northwest corner hereof THENCE, S 2° 20' W, 150,00.feet to the Place of BEGINNING and containing 3.356 acres (146,190 Square Feet) of land, of which 2.022 acres (88,080 Square Feet) of land are situated in the said 22.50 acre Grossman tract and 1.334 acres (58,110 Square Fat) of land are situated in the said 18.94 acre Glenn tract. (1 7; ) LEASE RETURN TO: Charles Crossfield Brown McCarroll Sheets and Crossfield, L.L.P. 309 East Main Round Rock, TX 78664 Docil 9717065 it Rages: 3 Date : 04 -21 -1 Filed & Recorded Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY L Rec. $ 13.00 "hc Caf.fin;,:11 Yfi4 Fi and 01116:J NIA Retards of Tpcs, or Or dam and time +CGS. COUNTY CLERK WILLIAMSON COUNTY TEMA9 WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone the property described in Exhibit "A ", pages (1 -4), attached hereto and incorporated herein, from MF (Multifamily) and C -1 (General Commercial to Planned Unit Development (PUD) No. 31, 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 22nd day of January, 1997, 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 Planned Unit Development (PUD) No. 31, and x: \WFDOCS \OM:UM C \OR70213F."FD /SC9 ORDINANCE NO. Z" r r 0 4"'" /3 g 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 REZONE 35.1820 ACRES OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) AND DISTRICT C -1 (GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 31. WHEREAS, on the 13th day of February, 1997, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council has determined that substantial changes in conditions have occurred which justify the zoning classification change provided for herein, 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 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 ", pages (1 -4) is hereby changed from MF (Multifamily) and C -1 (General Commercial) to Planned Unit Development (PUD) No. 31. 2. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. 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. READD, and ADOPTED on first reading this I - day of .. e .ua u�, 1997. Alternative 2. READ and APPROVED on first reading this the day of , 1997. READ, APPROVED and ADOPTED on second reading this the day of , 1997. ATTEST: LAND, City Secretary II. 3. /L,/, CHARLES CuL•'PPER, Mayor City of Round Rock, Texas AGREEMENT AND DEVELOPMENT PLAN FOR CRTLy,J C� -IUD . . 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 Catlyn Round Rock, Ltd., a Texas limited partnership, (hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 35.308 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, 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 setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on J/WUAet aa� ��7 ,the City's Planning and Zoning Commission recommended approval of the Owner's application for a 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 WITH DEVELOPMENT PLAN U1rEXMEPUD51I Is2PUD.2kde I. GENERAL PROVISIONS All uses and development within the property shall generally conform to the Development Plan set forth in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section 1I.15 below are followed. 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1990 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. A lienholder consent is attached hereto and incorporated herein as Exhibit "B ". 5. MISCELLANEOUS PROVISIONS 5.1 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. 5.2 Severability. In case 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 provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.3 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. 5.4 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.5 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. 5.6 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 ( and their respective successors and assigns ), any rights, benefits or remedies under or by reason of this Agreement. 5.7 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.8 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 CITY OF ROUND ROCK Catlyn Round Rock, Ltd. City of Round Rock, Texas c/o Catlyn Capital Corp. 221 East Main Street 100 Crescent Court, Suite 250 Round Rock, Texas 78664 Dallas, Texas 75201 Attn.: Robert L. Trimble Attn.: Director of Planning 5.9 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.10 Appeals of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within one year following receipt by the Owner of the written confirmation of the decision. 5.11 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1 DEFINITIONS n. 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 ". 2. PROPERTY This Development Plan ( "Plan") covers approximately 35.308 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan as amended, 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 or 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 of the Code. 4.2 Other Ordinances 5. PERMITTED USES All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. The Property shall be used and developed for multi family use in accordance with the Development Standards set forth in Exhibit "C" attached hereto and incorporated herein. 6. DEDICATION OF RIGHT OF WAY FOR STATE HIGHWAY 45 Within sixty days following the effective date of this Agreement, Owner shall dedicate to the Texas Department of Transportation ("TxDoT "), the southern one hundred and fifty (150') feet of the Property identified as ROW Land on Exhibit "D", attached hereto and incorporated herein ( hereinafter referred to as the "ROW Land" ). The dedication of the ROW Land shall be solely for the purpose of constructing State Highway 45 and related facilities and infrastructure. In this regard, the dedication document shall contain a reversionary clause to provide for the reversion of the ROW Land to the Owner if, and at such time as, the Texas Highway Department determines that the ROW Land is not needed for the construction of State Highway 45. The northern boundary of the ROW Land shall be considered street frontage for the purpose of establishing building setbacks and street yards under this Development Plan. 7. DENSITY TRANSFER: Upon dedication of the ROW Land, Owner shall be granted a density transfer for the apartment units which could have been constructed on the dedicated ROW Land. The density transfer results in a maximum of 704 units on the balance of the Property, after dedication of the ROW Land. 8. PARKLAND City parkland dedication requirements shall be waived in exchange for the construction of private on- site amenities described in Exhibit "C ". 9. HIKE & BIKE TRAIL Owner shall have the option to construct a hike and bike trail in lieu of sidewalk construction along Louis Henna Blvd. If this option is chosen, the Owner shall construct a six foot ( 6' ) wide hike and bike trail within the area of the Property which lies immediately north of the ROW Land. This trail shall be constructed of crushed granite or concrete, at the Owner's option. The trail shall include landscaping as outlined in the landscaping section of Exhibit "C ". The trail shall be constructed in sections as part of each phase of development of the Property and shall be designed to connect into any similar trail system located on the southern portion of the tracts immediately adjacent to the Property on both the east and west borders. Prior to the completion of a connecting trail system on the southern portion of the adjacent tracts to the east and west of the Property, the Owner shall be required to construct only the portion of the trail system within the phase of the Property being developed. Within 180 days of Owner's receipt of written notice from the City that the connecting trail system on the southern part of an adjacent tract has been constructed, the Owner shall complete the trail to provide a connection to the completed trail system on the southern portion of the adjacent tracts. At such time as 1) fifty (50 %) or more of the land area within the Property is developed, or 2) a sidewalk or trail system is completed on either side of the Property, the Owner shall complete the construction of the entire trail system within the Property. 10. PHASED DEVELOPMENT The Property may be developed in phases. 1l. BUILDINGS Building size, dimension, height and setbacks shall be regulated by the Development Standards set forth in Exhibit "C ". 12. LANDSCAPING Landscaping and buffering shall be regulated by the Development Standards set forth in Exhibit "C ". In addition trees eight (8 ") inches or greater in diameter located along the drainage area generally shown in Exhibit "E" shall be preserved or replaced with equivalent trees. This drainage area shall be contoured and landscaped as an open surface drainage way, unless an enclosed drainage system is required by the Director of Public Works. 13. SIGNAGE Signs shall be regulated by the Development Standards set forth in Exhibit "C ". 14. ACCESS Vehicular access to the Property from Louis Henna Blvd. within 200 feet of the western boundary of the Property shall be aligned with Jazz Street where it intersects the south right of way line of Louis Henna Blvd, unless otherwise dictated by the State of Texas or other applicable governmental agency. All other vehicular access shall be as approved by the State of Texas or other applicable govemmental agency. Vehicular access from Louis Henna Blvd. to the property shall be limited to three (3) locations. 15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 15.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively if approved in writing by the Director of Public Works, the Director of Planning and Community Development, and the City Attorney. 15.2 Maior Chanties Major changes shall be resubmitted following the same procedure required by the original PUD application. 15.3 Inclusion of Adjacent Land into the PUD In the event that the adjacent five acre tract, shown as Parcel "A" in Exhibit "E ", is acquired by the Owner, it may be included as part of this PUD following the procedures set forth in Section 15.2 above. 16 . GENERAL PLAN AMENDED The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this Agreement and Development Plan. CIT UND ROCK, TEXAS CATLYN ROUND ROCK, LTD. C y. i I By: Catlyn Capital Corp. Charles Culpepper, Mayor It's general partner. Date: 1//�x/`f1- B /Ntbr.t C. DAL,.. Muul um... , PIS... Robert L. Trimble, E xec. Vice Pres. Date: 5- 6- 97 EXHIBIT "A" FIELD NOTES FOR CATLYN ROUND ROCK, LTD. Page 1 erg BEING 35.308 saes of land, situated in the Ma Thomu Survey, Abstract No. 609, in Williamson County, Taw. Said land being a portion of that certain tract of land, called 22.50 acres, as described in a deed to Oscar J. Grossman and wee, Ed;th Grossman, of record in Volume 2173, Page 117, of the Official Records of Wdgamson County, Teas, also being that terrain tract of land, called 18.94 acres, u conveyed to Billy W. Glean and wife, Janet Glenn, by deed as recorded in Volume 1375, Page 321, of the Offitlal Records of WIlilimson county, Tetras. Surveyed on the ground in the moth ofNovanbe , 1996, under the supervision of Don H. Biae11, Registered Professional Land Surveyor, and being more pardcnlady dmatbed an followr, BEGINNING at an iron pin found on the north line of County Road No. 170, being on the west line of the above - referenced 22.50 acre Grossman tract, being the Northwest corner of that certain tract of land, abed 2.245 acres, as conveyed to the County of Wlfllamson by deed u recorded in Volume 1629, Page 891, of the Official Records of Williamson County, Texas, marking the Southeast comer of that certain franc offend, called 41.10 acres, as conveyed to Dell Computer Hold'mga, LP, by deed as recorded in Dominant 09606343, ofthe Of Records of Wi uantson County, Taw, aid point being N 5' 34' 30' E, 33.70 feet, mots or less, from the Southwest comer ofthe said 22.50 acre tract for the Southwest comer hereof: THENCE, along the said west line of the said 22.50 acre Gramm tract being the east fine of the said 41.10 acre Dell Computer Holdings, L.P. tract, N 5' 34' 30' E, 1,321.71 feet to an iron pin found marling the Southwest carver of that certain tract of land, aped 5.00 acres, u conveyed to Round Rock County Road 170 Ltd., by deed as recorded in Volume 1002, Page 1, of the Official Records of 9/Munson County, Taal, for the most westerly Northwest comer hereof, TREK , S 84' 23' 30' E, 588.78 feet to an iron pin found on the east floe of the said 22.50 acre Grossman trs being the west Lae of the above - referenced I3.94 sae Glen tract, marking the Southeast comet of the said 5.00 acre Round Rods County Road 170 Ltd. tract, for an interior comer hereof; T1 4CE, N 5' 39' E, 377.74 feet to an iron pin found on a motherly line of that certain tract of land, called 187 acres, (Save & Except 70 acres) as conveyed to Doyle }Eckerson and wife, Eve'ryn }Eckerson, by deed u recorded in Volume 526, Page 50, of the heed Records of Williamson County. Texas, far the Northwest corner of the said 18.94 acre Glenn trays, being the Northeast corner of the said 5.00 acre Round Rock County Road 170, Ltd. tract and the Northeast corner of the said 2230 acre Grossman tract for the most northerly Northwest comer hereof; THENCE, with a fence along the north line of the said 18.94 acre Glenn tract being a southerly One of the said }Eckerson tract; S 86' 22' 30' E, 13131 feet to a nail found, and S 86' 2T 30' E, 457.20 feet to an von pin set at a fence comer marking an interior corner of the said /Eckerson tract, being the Northeast corner of the said 13.94 sae Gloats traa4 for the Northeast corner hereof, THENCE, along the east Inc of the said 18.94 acre Glenn tract with a fence S 2' 45' 30' 1V, 670.51 feet to an 'von pct found u a fence comer marling the most southerly Southwest corner of the said }Eckerson tract, being the Northweu comer of that tenein tract of land, called 11.30 acres, as conveyed to Bunny Neyats by deed u recorded in Velma 317, Page 708, of the Deed Records of Williamson County, Teas, being the most northerly corner of that certain tract of land, called 0.049 of an tae, u conveyed to Bunny Meyers by deed u recorded in Volume 817, Page 710, of the Deed Records of Williamson County, Texas, and leaving the said farce, S 2' 20' W, 607.94 fat to an iron pin found on the said north fine of County Road No. 170, marling the Southeast comer of the said 13.94 acre Glenn tract being the Southwest comer of the said 0.049 of an sae Neyero tract, being the most easterly comer of that certain tract of land, called 1.092 Sens, u conveyed to The County of Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of WlIliainson County, Taus, for the Southeast Cotner hereof, Steger & Monett Engineering, Inc. THENCE, along the said nanh line of County Road No. 170, being the south line of the said 13.94 acre Gleno tract, and the northerly fine of the said 1.092 sere County of WHfiatnson tract, as follows; N 58'23' W, 121.63 feet to an iron pin set; N 76' 20' 30' W, 61.53 feet to an iron pen set; S 84" 13' W, 74.06 feet to an set; S 63' 23' 30" W, 59.85 feet to an iron pin se; 5 54'.21' 30" W, 192.05 fees to an iron pin set; S 55' 51' 30' W, 136.26 feet to an iron pin set � the mon westerly comer of the said 1.092 acre County of Williamson tract, being the easterly comer of the said 2.245 acre County of Wilumson tract, and continuing along the north line of the said 2.245 acre County of V5fiamson, Taus tract, 5 77' 13' W, at 119.23 feet, passing an iron pin found marking the Southwest comer of the said 18.94 acre Glenn tract, being on the east line of the said 22.50 ace Grosunan tract, for a total distance 0(183.9 fat, In a4 to an iron pin found at the beginning of a alive to the !eft, (Radius - 11,760.10 teat, Long Chord bears S 76.21' W, 351.44 fees); Thence, along the said corm for an arc distance of 351.45 feet to an iron pin set; Thence, S 75' 30' W, 208.11 feet to the Place of BEGINNING and cotnsh ini 35.308 aces (1,538,130 square feet) ofland. STATE OF TEXAS ( SNOW ALL MEN BY TFIESE PRESENTS: COMITY OF WIILIAMSON ( The undersigned hereby certifies to Catlyn Round Rock Ltd. and the City of Round Rock that a army war made on the ground in November, 1996, under my supervision and correctly shows, on the basis of a field transit survey made in accordance with the =rent creamery standards of the Texts Surveyors Association Standards and Specifications for a Category IA, Creation 3 survey, (1) a iced a determinable position and location of the herein described land (=biding the position of the point of beginning) and the boundary lines and dots and area of the land indicated hereon; (if) the locadon of all improvements and the relation of all such improvements to the property Saes of the. land; and w the loanion and id®atsions of all alleys, rises froada, drive -ways or other eats on the nubs along any street upon easements and other matters of record of which the undersigned has knowledge or has been advised affecting the land according to the legal description in such easements and other matters (with instrument, book and page number indicated). The undersigned further certifies that (a) except u dearly shown and identified as such, there are no visible easements, rights -of -way, drainage ditches, power lines, sat back and/or building Gals, roedway6 Parry wags or canfiicts which affect the subject property, (b) imam as clearly shown and identified is suds, there are no visible encrosehmenu on adjoining premises, streets or alleys by any of said buildings, structures, or other improvemettts and, except u dearly shown and identified as such, there are no visible encroachment on the subject property by buildings, structures or other improvements situated on adjoining premises; (c) ingress to and egress from the subject property is provided by County Read No. 170, the same being paved, a dediated public right -of - -way maintained by WtUiarnsoa County, (d) all required building set back lines on the subject property are located as shown hereon; and (e) the Survey reflects boundary lines of the herein described land which 'close' by engin - ' g calculations. Don H. Buell Registered Professional Land Surveyor, No. 2218 State of Teas 1978 S. Austin Avenue 512.863 -4521 S do B Project No. 18239 Revised: December 12, 1996 Page 2 of 2 Re 1 t339Eocdee /2/i2./9 Date EXHIBIT B" Lienholders Consent THERE ARE NO LIENHOLDERS OF RECORD EXHIBIT "C" DEVELOPMENT STANDARDS MULTI - FAMILY RESIDENTIAL 1. PERMITTED USE The permitted use shall be residential apartments and/or condominiums. 2. DENSITY A maximum of 704 units shall be allowed on the balance of the Property after dedication of ROW Land. 3. HEIGHT 3.1 No more than fifty percent (50 %) of apartment buildings located within 100 feet of the northern right of way boundary of Louis Henna Boulevard, or within 100 feet of the western boundary of the Property shall exceed two stories in height. Exhibit "F ", attached hereto, contains an illustration of this height requirement. (Exhibit "F" serves as an example of the height requirement only and should not be considered the final architectural rendering of the actual buildings which will be constructed). 3.2 No buildings on the Property shall exceed three stories in height. 3.3 One story buildings are permitted anywhere on the Property. 4. DESIGN STANDARDS 4.1 All walls which exceed 75 feet in length shall include offsets. UtT X 3EPUDS%t1UEXD1.I/cde 4.2 One hundred percent (100 %) of the exterior walls on consist of Masonry. Masonry shall mean stone, cementous base siding such as "Hardi Plank ". 4.3 The minin+um standard for roofing materials shall be architectural dimensional shingles. all buildings shall brick, stucco, or 25 year laminated 4.4 All apartment buildings shall have pitched roofs, with a pitch of no less than 3 /12. 5. BUILDING SETBACKS: 5.1 Primary Buildine Setbacks: 6. LANDSCAPING: 5.1.1 Street Yard: Street Yard setbacks shall be 25 feet if no parking is located in the Yard, or 50 feet if parking is located in the Yard. 5.1.2 All Other yards: The setbacks for all other Yards shall be 20 feet. 5.2 Carport Setbacks: 5.2.1 Street yard: Carports shall not be permitted within a Street Yard. 5.2.2 All Other Yards: The carport setbacks for all other Yards shall be 10 feet. 5.3 Phased Developments: When development is phased on the Property and such phasing is designed to be part of a single development, setback requirements will not apply between development phases, unless access to any such development phase is provided directly from a public street, in which case the street yard setback shall apply to the frontage on such street. 6.1 Street Yards and Yard Abutting the Western Boundary of the PUD: Landscaping shall be provided in the Street Yard and the Side Yard which fronts the western boundary of the PUD as a buffer from the adjoining tracts. Such buffering may be accomplished by providing landscaping or a combination of landscaping and berating. Landscaping and berming shall meet one of the two following criteria: 6.1.1 Landscaping: The method of calculating the number and size of plant materials shall be based on planting or preserving one large tree (3" or larger caliper), two small trees (1.5" or larger caliper), and six shrubs (one gallon or larger) per every thirty (30) linear feet of street frontage. 6.1.2 Berms and Landscaping: Berms shall be a minimum of three feet high along its total length The berm shall be placed to blend into the natural surroundings of the site. When landscaping is combined with berms the method of calculating the number and size of plant 7. FENCING 8. SITE PLAN REOUIRED materials shall be based on planting or preserving one large tree (3" or larger caliper, two small trees (1.5" or larger caliper) and six shrubs (1 gallon or larger) per every forty (40) linear feet of street frontage. When parking is located in a Street Yard the parking area shall be buffered by berms or landscaping at Owners option. 6.1.3 Site Plan: Although the requirements of 6.1.1 and 6.1.2 must be met, plant materials may be concentrated at various locations to permit the greatest design flexibility when approved as part of a site plan by the City's Development Review Board. Fencing may be constructed in any yard and along any property line for the purpose of screening or security. When fencing is constructed it shall meet the following standards: 7.1 Street Yard: Fencing in street yards shall be constructed of wrought iron or similar material, masonry or woodcrete. All posts shall be set in concrete required to ensure a sturdy and durable fence. Street yard fence materials shall wrap around and extend 50 feet along side property lines. 7.2 Other yards: Fencing in yards other than Street Yards shall be constructed of wood, woodcrete, masonry or wrought iron. All fence posts shall be either masonry or rust resistant wrought iron or steel set in concrete. The finished side of all perimeter fencing shall face the outside of the development. 7.3 Western Boundary Fence: Owner shall build a fence along the western boundary of the PUD constructed of wood, woodcrete, masonry, or wrought iron. A site plan for each phase shall be submitted to the City's Development Review Board to ensure compliance with the terms of this Agreement prior to the issuance of a building permit for that phase. 9. SIGNS 9.1 All Freestanding Signs shall be Monument Signs, as defined by the Code. 9.2 One sign shall be permitted at each entrance to the Property. The maximumarea of each sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be one hundred square feet.Portions of the structure on which the sign is located, which are not contained within the polygon, are not counted as part of this one hundred feet. 9.3 Internal directional signs, facility identification signs, building identification signs, and regulatory signs are not restricted. 10. VEHICLES IN STREET YARD No recreational vehicles, boats, trailers, or commercial trucks shall be permitted to be parked in any Street Yard. 11. AMENITY PACKAGE Private recreation amenities shall be provided on the Property, in lieu of parkland dedication. The Owner shall provide swimming pools and clubhouse facilities in accordance with the following minimum standards: Swimming Pools: 6 square feet of water surface per dwelling unit Clubhouse Facilities: 5 square feet of floor area per dwelling unit It is understood that there may be multiple swimming pools and clubhouse facilities depending upon the number of dwelling units. Additionally, the Owner shall provide, at his option, one of the following recreational amenities in accordance with the following minimum standards in each development phase: Exercise Facilities: 1 square foot per dwelling unit Putting Greens: Sports Courts: Tennis Courts: 1.6 square feet per dwelling unit, with a minimum of 400 square feet 4 square feet per dwelling unit, with a minimum of 1200 square feet 24 square feet per dwelling unit, with a minimum of 7200 square feet 12. PARKING STANDARDS Parking shall be provided as follows: 12.1 Efficiency units shall be allowed 1.0 space per unit. 12.2 One bedroom units shall be allowed 1.5 spaces per unit. 12.3 Two bedroom units shall be allowed 2.0 spaces per unit. 12.4 Three bedroom units shall be allowed 3.0 spaces per unit. 12.5 Additional guest parking spaces shall also be provided in a number equal to five percent (5 %) of the number of parking spaces required for the total number of units. 12.5 All parking spaces shall be a minimum of nine feet (9') wide. • EXHIBIT "D" FIELD NOTTS FOR PROPOSED RIGHT -OF -WAY Page 1 of 2 BEING 3.356 acres of land, situated In the Au Thomas Survey, Abreact No. 509, itt W illunson County, Teas. Said land being a portion of that certain tnet of land, called 22.50 acres, as deeeri¢ed 131 a deed to Oscar I. Grossman and wife, Edith Grossmann, of reward in Volume 2173, Page 117, of the Official Records of Williamson County, Taos, and a portion of that certain tact of land, walled 18.94 acres, u conveyed to Billy W. Glenn and wife, ranee Glenn, by deed as recorded in Volume 1375, Page 321, of the Official Records of WfOamson. County, Tuts. Surveyed on the ground in the month of November, 1996, under the supervision of Don IL Biaall, Registered Professional Land Surveyor, and being more partiadatly described u follows BEGINNING at an Iron pin found on the north he of County Road No. 170, marking the Southeast corner of the said 18.94 awe f3letta tract, being the Southwest corner of that certain tract of l and, called 0.049 of an acre, as conveyed to Bunny Neyens by deed as recorded In Volume 817, Page 710, of the Deed Records of Williamson County, Texas, bang the most easterly comer of that wain tract of land, ailed 1.092 ace, as conveyed to The County of WilOamaon by deed u recorded in Volume 1629, Page 891, of the O®dal Records of Wagaatma County, Texas, for the Southeast earner hereoe THENCE, along the 'said north he of County Road No. 170, bang the north Ins of the said 1.092 acre County of Wi0i tenon tract, being the south line of the said 18.94 sere perm tracr, as followr, N 53' 23' W, 121.63 Bea to an iron pin sea: N 76' 20' 30' W. 61.53 feet to as iron pin set; 5 34. 13' W, 74.06 fat to an set S 63. 23' 30' W, 59.85 feet to m Iron pin set; S 54' 21' 30' W, 192.05 fat to an iron pin net; 3 55' 51' 30' W, 136.26 feet to an iron pin as for the moat easterly comer of that certain tract of lad, abed 2.245 acme, u conveyed to The County of Wlliamson by deed u recorded in Volume 1629, Page 891, of the Oflkiai Records of Williamson County, Texas, bang the most westerly coma of the said 1.092 acre County of WOiiarnson tract, and continuing along the north One of the aid 2245 we Cowry °CWOOamson trap, S 77' 13' W, at 119.23 feet pus an iron pin hand marking the Southwest earner of the said 18.94 acre Glenn mace, being on the east line of the abovateferenad 22.50 acre Grommet tract, for a total distance of 183.99 feet, in MI, to an iron pin found at the beginning of a Prue to the left, (Radms - 11,760.10 feet, Long Chord bears S 76'21' W, 351.44 feet) Thence; along the said curve for art arc distance af351.45 feet to an Iran pin sec; Thecae, S 75' 30' W, 208.11 feet to an iron pin found an the west he of the said 22.50 acre Grossman tract, being the Northwest corner of the said 2.245 acre County of Williamson tract, marldng the Southeast comer of that certain traa of land, called 41.10 acres, as conveyed to Dell Computer Holdings, LP., by deed as recorded in Doaumem 39606843, of the Whist Records of Williamson County, Texas, said point being N 5. 34' 30' E, 33.70 feet, more or Iess, from the Southwest warner ofthe acid 22.50 acre tract, for the Southwest comer hereof. THENCE, along the said west line of the said 22.50 sae Grossman tract, being the cut One of the said 41.10 acre Dell Computer Holdings, LP. tract, N 5 . 34' 30' E, 150.00 feet to a point, for the Northwest corner hereof THENCE, N 75' 52' E, at 625.42 feet pus the east line of the said 22.50 acre Grossman tract, being the west line of the said 18.94 acre Glenn tract, for a total distance 0(1,313.14 feet, in all, to a point on the east fine of the said 13.94 acre Glenn tract, bang the west fine of the said 0.049 of an acre Neyens tract, for the Northwest comer hereof, THENCE, 5 2. 20' W, 150.00 feet to the Place of BEGINNING and containing 3.356 acres (146,190 S Feet) of land, of which 2.022 acres (88,080 Square Feet) of land are situated in Steger& 131zzell CnJSineerIng, Inc. r.r.a a..r.., P. 0. au aY G.r uea.. r...s menu the said 22.50 acre Grossman tact and 1.334 acres (58,110 Square Fat) of land are situated in the said 18.94 acre Glenn tract. STATE OF TEXAS KNOW ALL ' ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ( The undersigned hereby certifies to Cetlyn Round Rods Ltd. and the City of Round Rock that e survey was made on the pound in November, 1996, under my supervision and correctly shows, on the basis of a field transit survey made In accordance with the current accuracy standards of the Texas Surveyor's Assodation Standards and Specifications for a Category IA, Condition 3 survey (r) a Acted a determinable position and location of the herein described land (Including the position of the point of beginning) and the boundary Braes and dimensions and area of the land indicated hereon () the location of an improvements find the relation of all such bmprovemans to the property fins of the land; and n the location and d'bn isions of all alleys, street, roads, drive - ways or other caw on the curbs along any sweet upon which the land abuts, rights easements and other mutters of record of which the undersigned hat Iasowledge or has been advised affecting the land according to the legal description in such easements and other matters (with instrument, book end page number indented). The undersiped Anther certifies that (a) except as curly shown and Identified n suck there are no viable easements, rights drainage ditches, power fines, sat back and/or burrdmg lines, roadways, party was or =dices which affect the subject property, (b) except u dearly shown and idruISed as such, there are no visible encroachments on adjoining premises, stress or alleys by my of said bt ilrfut s, structures, or other improvements and, except u dearly shown and identified u such, there are no vied* encroa Weems on the subject property by bmldmgs, enema or other improvements situated on adjoining premises; (c) ingress to and egrem from the subject property is provided by County Road No. 170, the same being paved, a dediested pubfie right-of-way maintained by Wdliamaon County, (d) all required building set back feu on the subject property are located as shown hereon; and (e) the Survey reflects boundary lion of the herein described land which 'dose by engine calculations. Dan K'81ae11 Reginered Professional Land Surveyor, No. 2218 State of Texas 1978 S. Austin Avenue 512 - 8634521 S de B Project No. 18239 Revised: December 12, 1996 Pate 2of2 file 1t239towd, / .1/10 Date Steger & T2izzell I:ntIneerisag, lsae. P. O. M# tra.attw, Ian. lain PARCEL A 5.0 AC. ROUND ROCK C�D Y ROAD 1002/ 964 °23'30 °8', 5a . 76 ' ( Nd4 ° 25 3e7°rd, 558.52' A C. N � • (5,94.> zerAre, 457,3') 18.878 AC 1g 22.0 ' 3 BILLY GLENS . wit e 117 /328 � I o / �: .� I I 44. 1& Mite) \., NC' d " "' � � N I I f 0� l 5 n. -� I I3! 4,87.7 PC 33 4 AC aft) ( 5 , t,75 44 • er wt N << .2 ° EXHIBIT E (../.864‘e. 9.344,1,1/4 22.5 / &wi , OSCAR ED G OSSMA 72173 / i1? • 3 5 .5 0 8 SAVE S 'EXCEPT lu " YN H1CKtnr •- DCTILE HiCKER / 50 wife, EVEI � waJ - N '3. a. S B4 ° 27"30 "G, 45720 1 1 � s` � ,..r .. N —a.. 0 1L g �• n 24 A Of fAM` c '17 X 6 3 - ' too - -J — rs �• Cki sr • d�� 1111611111111 THIS IS AN EXAMPLE ONLY EXHIBIT F Date: February 10,1997 Subject City Council Meeting February 13,1997 Item: 9.F. Consider an ordinance to rezone 35.1820 acres of land from MF (Multi-family) and C -1 (General Commercial) to PUD 31. (Glenn /Grossman Tract) (First Reading) Staff Resource Person Joe Vining Staff Recommendation Approval The Planning and Zoning Commission recommended rezoning this tract of land from MF (Multifamily) and C -1 (General Commercial) to PUD 31 on January 22, 1997. Staff concurs with this recommendation. 206 WILD BASIN ROAD SUITE 110 AUSTIN, TEXAS 76746 To: Jim Stendebach From: Jerry Winetroub Date: March 6, 1997 Glenn/Grossman P.U.D. No. 31 Re: Thank you for your assistance in this matter. tic Attachment \ msoffice\ wimvorMift ljerty\roundrok \stendeb2.man AUSTIN BROKERAGE COMPANY COMMERCIAL REAL ESTATE MEMORANDUM TELEPHONE (512) 329.9895 FAX (512) 329 -9978 VIA HAND DELIVERY Attached is the original of Ordinance No. Z- 97- 02- 13 -9F, which has been signed by Robert L. Trimble, Executive Vice President of Catlyn Round Rock, Ltd. Please deliver it to the City of Round Rock at your earliest convenience.