Z-98-06-11-12A2 - 6/11/1998THE STATE OF TEXAS *
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK
DOCO 9841436
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round
Rock, Texas, do hereby certify that I am the custodian of the public records maintained
by the City and that the above and foregoing is a true and correct copy of Ordinance
No. Z- 98- 06-11 -12A2 which was passed and adopted by the City Council of the City of
Round Rock, Texas, at a meeting held on the 11th day of June, 1998 as recorded in the
minutes of the City of Round Rock in Book 38, pages 219 -220.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 23rd
day. of July, 1998.
1 4 1111AkZ
•L
r 44 .S.
LAND, Assistant City Manager
City Secretary
OFFICIAL RECORDS
W1WAHSON COUNTY, TEXAS
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend Planned Unit Development
(PUD) No.9, 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 5th day of May,
1998, following lawful publication of the notice of said public
hearing, and
WHEREAS, after considering the public testimony received at
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 AMEND
PLANNED UNIT DEVELOPMENT NO. 9 BY DELETING EXHIBIT
"B ", THE AGREEMENT AND DEVELOPMENT PLAN FOR SAID
PLANNED UNIT DEVELOPMENT NO. 9, AND SUBSTITUTING A
NEW EXHIBIT "B "; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
such hearing, the Planning and Zoning Commission has recommended
that the PUD No. 9 be amended, and
WHEREAS, on the llth day of June, 1998, 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
X:\ WPDOCS \OSDINANC \08 0611A].NPD /cdc
ORDINANCE NO. .Z'7 /' 106 "1I I e2A oZ
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 amendment to
Planned Unit Development (PUD) No. 9 meets the following goals and
objectives:
(1) The development in PUD No. 9 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 9 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 9 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. 9 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. 9 will be constructed, arranged and maintained
so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas is
hereby amended so that Exhibit "B ", the Agreement and Development
2.
Plan to Planned Unit Development (PUD) No. 9 is deleted in its
entirety and replaced with a new Exhibit "B ", and that the Mayor is
hereby authorized and directed to enter into the new Agreement and
Development Plan for PUD No. 9, 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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Resolution and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 11 day
3.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1998.
READ, APPROVED and ADOPTED on second reading this
the day of 1998.
ATTEST;
LAND, City Secretary
4.
4 1 4 : (
CHARLES CL�P ePER, Mayor
City of Round Rock, Texas
g o
Is I
EXHIBIT q
APPENDIX 1
FIi,fl NOTES
RECEIVED
MAR 1 8 1998
CITY OF ROUND ROCK
PLANNING DEPARTMENT
BurNC' Part of the WILEY HARRIS SURVEY, ABSTRACT NO. 298, Williamson Count
Texas, and being a part of that certain 122.82 acre tract of land described
In a deed to R. Y,
1I' des o CountyL. Eger recorded In Volume 259 at Page 259, Deed Records of
as follows, to wit: and being more particularly described by metes and bounds
BEGINNING at an "X" found cut in a concrete curb at the southwest corner
hereof, aaid point also being the northwest corner of Southgate Apartments,
Ltd, a subdivision of record filed In Cabinet F. Slide 288, Plat Records of
k'illienson County;
THENCE with the west line hereof and the east line of interstate Highway 35.
the following described two (2) courses and distances:
1) N 12° 42' 15" W a distance of 513.70 feet to a concrete R/W monument.
and;
2) N 4.0° 06' 42" W a distance of 643.84 feet to the northwest corner hereof,
from which a chain link fence corner post bears N 73° 55' 45" E a
distance of 2.13 feet;
Ttlt'2r with the north line hereof, the following described four (4) courses
and distances;
1) N 73° 55' 45" E a distance of 492.86 feet to an Iron rod found at the
aouthwast corner. of Southeide Acres, a subdivision of record filed in
Cabinet A, Slide 323, Plat Records of Williamson C
•
2) N 74° 15' 18" 2 a distance of 58G.15 feet to an iron rod found at the
southweaterly'tcrmi nus of Mandell Street;
S) N..73 00' 49" E a distance of
aouthoaaterly terminus of Mendell Street, said to o I iron pipe found at the
southwest corner of Southeide Acres a sulros pipe
viv also
ision of re 1' re cord
the
Mod in Cabinet 8, Slide 49, Plat Rec of Williamson County, and:
4) N 73° 06' 28" 1t a distance of 356.87 feet_ to an Iron rod Cbund at the
northeast corner hereof In the west Line of U. S. Highway 81, (South Mays
Street);'
T1(6,'E with the east line hereof and the west line of said U. S. Highway BI,
the following described three (3) courses and distances:
1) An arc distance of 762.51 feet with a curve to the right, said
c'urve
having a centre! angle of 7° 41' 32" a radios of 5679.58, tangents of
381.83 feet. a chord distance of 761.94 feet,'end a chord bearing of
S 6° 51' 07" S. to a concrete RAC nnnument;
2) S 3° 26' 43" W a distance of 172.36 feet to a concrete R/W mon
and
�+ent,
3) S 8° 35' 48" E a distance of 154.21 feet to the southeast corner hereof,
from which an Iron rod found bears N 87° 53' 21" E a distance of 0.90
foet. an Iron rod found bears S 87° 53' 21" tY a distance of 0.80 feet.
and a concrete R/W monument bears S 8° 35' 48" E a distance of 40.92
feet[
•
•
•
YHFr1C.'E with the south line hereof, the following dcacribed three (3) courses
and distances:
1) 8 87° 53' 21" W e distance of 370.84 feet to an iron rod found, eetd iron
rod also being the northwest corner of Stella Subdivision Section Two, a
subdivision of record filed In Cabinet G. Slide 23, Plat Records of
Williamson County;
2) S 2° 14' 22" E a distance of 169.19 feet to an iron rod found at the
southwest corner of eaid Stella Subdivision in the north !Inc of said
Southgate Apartments. Ltd;
3) S 77° 15' 31" W a distance of G86:26 feet with the north line of said
Southgate Apartments, Ltd, to the Place of Beginning, containing 30.42
acres of Iand, subject to casements, conditions or restrictions of record
If any.
Stan Coolter, RPS, LSLS
2 -1 -93
RECORDERS MEMORANDUM
All or parts of the text on this page was not
timely legible for satisfactory rec,xdadon.
APPENDIX 2
FIELD NOTES
^= a pa o f the WJLEY HARRIS SURVEY, ABSTA ACT NO. 290,
WILLIAMSON COUNTY, TEXAS, and being a part of that certain
30.42 acre tract of land a te' - -: -a - a dcd tc ;,Sp, INC.,
recorded in Volume 2291 at Page •50, Official Records,
Williamson County, and being more particularly described by
metes and bounds as follows, to wit:
BEGINNING at the northwest corner of said 30.42 acre tract in
the east right -of -way line of Interstate Highway No. 35, from
which'a chain link fence corner post bears N 73* 55' 45" E a
distance of 2.13
THENCE N 73' 55' 45" E a distance of 352.46 feet with the
north line of said 30.42 acre tract to the northeast corner
hereof;
THENCE crossing said 30.42 acre tract, the following
described six (6) courses and distances:
1) S 29^ 34' 41" W a distance of 66.58 feet;
2) S 33 45' 24" W a distance of 52.64 feet;
3) S 21' 46' 50" W a distance of 93.72 feet;
4) S 28 20' 47" W a distance of 49.99 feet;
5) S 14` 56' 05" W a distance of 52.39 feet, and;
6) S 17* 25' 55" W a distance of 43.58 feet to a point in
the east right -of -way line of said Interstate Highway 35;
THENCE N 40' 06' 42" W a distance of 297.24 feet with the
west line of said 30.42 acre tract and the east line of said
Interstate Highway .No. 35 to the Place of Beginning,
containing 1.03 acres of land, more or less.
COAL & A SSOCIATES, SURVEYORS f F T E
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STAN COALTER
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our 9F riay HARRIS SURVEY
A9Y1RACl 298
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ AGREEMENT AND
DEVELOPMENT PLAN
FOR PUD NO. 9
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 HF2M,
Inc., and M.S.P., Inc.,(hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to
amend PUD No. 9, as previously adopted in Ordinance No. Z- 93- 08 -26-
12C, being 29.39 acres of land, more or less, said Planned Unit
Development ( "PUD ") 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 an amended 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, and said Plan superseding all previously adopted
Development Plans for PUD No. 9, as adopted in Ordinance No. Z -93-
08-26-12C.
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.
This Agreement amends Planned Unit Development No. 9.
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.9 below are followed.
C; \'i'%X'+' \sscws \vw9 . weu /cdC
EXHIBIT
1.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld. This section shall not prevent the
Owner from conveying the property.
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.
5.9 Notices.
OWNER
1. DEFINITIONS
This Agreement may be executed in duplicate originals
each of equal dignity.
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:
HF2M, Inc.
910 Heritage Circle
Suite A
Round Rock, Texas 78664
M.S.P., Inc.
910 Heritage Circle
Suite A
Round Rock, Texas 78664
5.10 Effective Date.
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
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 ".
3.
2. PROPERTY
This Development Plan ( "Plan ") covers 29.39 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, hereafter referred to
as the Property.
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
5. PERMITTED USES
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
The Property shall be developed for uses permitted in the C -1
(General Commercial) Zoning District, as provided for in the
Code. The following uses are expressly prohibited; flea
markets, sexually oriented businesses, as defined in this
Code, amusements parks or carnivals, portable building sales,
recreational vehicle parks, wholesale nurseries or outdoor
shooting ranges.
6. DEVELOPMENT STANDARDS
6.1 Landscaping and Screening Along Mays Street
A twenty (20') foot landscaped buffer shall be
established along the east side of the Property adjacent
to South Mays Street right -of -way.
4.
6.2 Vehicular Access
Vehicular access to the Property, other than emergency
vehicles, shall be prohibited from Mandell Street.
6.3 Screening along Northern Boundary
All screening of the Property along its northern boundary
shall protect existing trees whenever possible. If
existing trees are removed, they shall be replaced
pursuant to the landscape ordinance, as found in Section
3.1100 of the Code, and shall be no less than six (6')
feet in initial height and no less than three (3 ") inch
caliper measured at four and one -half (4 &.1') feet above
ground. A landscape plan shall be submitted to the
Director of Planning and Community Development for
approval.
6.4 Lighting
7. PARKING
All exterior lighting within two hundred (200') feet of
the boundary of any single family lot shall be hooded or
shielded. Pole signs for commercial development shall not
be placed within two hundred (200') feet of the boundary
of any single family lot outside of the PUD.
Parking spaces shall be provided in accordance with the
requirements of Chapter 11.321 of the Code, except all parking
spaces shall be a minimum of one hundred and sixty -two (162)
square feet.
8. STORM WATER DETENTION AND DRAINAGE
8.1 Owner Participation
In order to ensure that the drainage requirements of the
City are met and to significantly assist in improving
existing drainage in the neighborhood immediately north
of the Land, the Owners will participate with the City in
improving drainage facilities between the Property and
Lake Creek. Said drainage facilities shall be funded
jointly by the City and the Owner. No additional on site
detention shall be required.
5.
8.2 Off -site Dedication
The Owner shall dedicate to the City, for the purpose of
constructing drainage improvements, a 100 foot wide
drainage easement as shown on Exhibit "C ", attached
hereto and incorporated herein.
8.3 On -site Dedication
The Owner shall provide a 100' wide drainage easement as
shown on Exhibit "D ".
8.4 Detention Fees
The Owner shall pay one thousand six hundred dollars
($1,600.00) per acre for the Property as its share of the
joint drainage improvements. This payment shall be paid
upon issuance of a building permit. These funds shall be
placed in escrow by the City. This payment shall
represent full payment of all detention fees assessable
to the Property. No additional on -site detention shall be
required. This account is an interest bearing account
which shall accrue to the benefit of the Owner.
8.5 On -site Detention Option
In the event that the regional drainage facilities
referred to in Section 8.4 have not been constructed
prior to the Owner applying for any building permit upon
the Land or any other development approval required to
commence construction on the Property, the Owner shall
have the right to construct on -site detention facilities
required to serve the development applied for on the 8.04
acre tract shown on Exhibit "C ". If this option is
exercised, all monies held in escrow shall be returned to
the Owner. If this on -site detention option is utilized,
any portion of the 8.04 acre tract utilized for on -site
detention shall not be transferred, conveyed, or sold
without the written approval of the Director of Public
Works. Detention facilities shall not be located in the
area shown as "Drainage Right -of -Way" on Exhibit "C" nor
shall they be located within one hundred (100') feet of
the boundary of the lot commonly known as 902 Mandell
Street.
9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
9.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
6.
substantially change this Plan may be approved by the
Director of Planning and Public Works.
9.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
9.3 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.
10. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
CITY OF ROUND ROCK
By:
7.
er, Mayor
Charles C
Date:
HF2M, INC.
7
M.S.P., Inc.
By :
r gt
E XH 11317 q
APPENDIX 1
FI NOTES
RECEIVED
MAR 1 8 1998
CITY OF ROUND ROCK
PANNING DEPARTMENT
sums. part of the WILEY HARRIS SURVEY,
Texas, and being a pert of that ABSTRACT NO. 298 Williamson d Count
in a deed to R. 122.82 a P tract of Iedd ecordsbof
'Williamson Count L. Egger recorded in Volume at Page 259, Deed Records of
and being more particularly described by metes and bounds
as follows, to wit;
BEGINNING at an "X" found cut in a concrete curb at the
hereof, said point also being the northwest corner of Southgate
Ltd, a subdivision of southwest corner
record filed In Cabinet F, Slide 288, Plat RecordsteC
Ifizliamson County;
THENCE with the west line hereof and the east line of Interstate Highway 35,
the following described two (2) courses and distances:
1 ) N 12° 42' 15" W a distance of 513.70 feet to a concrete R /lY
and;
nvninrnt,
2 ) N 4A° 06' 42" W a distance of 643.84 feet to the northwest corner hereof,
from which a chain link fence corner post bears N 73° 55' 45 ��
dlstanee of 2.13 feet:
E a
•
an di with the north line hereof, the fullowldg described four (4) courses
and distances:
I) N 73° 55' 45" E a distance of 492.86 feet to an iron rod found at the
aoutheaet corner, of Southelde Acres, a subdivision of record filed In
Cabinet A. Slide 323, Plat Records of Williamson County:
2) N 740 e 15' 87 i a distance of 580.15 feet to an iron rod found at the
y terminus of Mandell Street;
3) N- 00' 49 " E a distance of 61.47 f ±et to an
southeasterly terminus of Mandell Street, said iron pipe the
eouttmeat corner iron pipe fa;urd at the
Mod es Cabinet g f Southside. Acres Unit Two, a sudvision o f r ecord
Slide 40, Net Records of Williamson County. and;
4) N 73 06' 28" It a distance of 350.87 feet to an iron
northeast U. Highway corner hereof in the west 1 lne.of U S
Street);* red (bond h the
�aY 8I. (South 014y0
7UE.ti7CE with the east line hereof and the west line of said U. S. Highway
the following described three (3) courses and distances:
• 81,
1) An arc distance of 762.51 feet with a curve to the right, said
having a central angle of 7° 41''32" a radius of 5679.58, tangents of
381.83 feet, a chord distance of 76(.94 fcot,'and a curvf
S 6° 51' 07" E. to a concrete R/W monument: chord bearing of
2) $ 3° 26' 43^ W a distance of 172.36 feet to a concrete R/W nnn
and
uncut.
3) S 8° 35' 48" E a distance of 154.21 feet to the southeast corner hereof,
from which an Iron rod found bears 21 87° 53' 21" E a distance of 0.90
feet, an iron rod found bears S 87° 53' 21" W a distance of 0.80 feet,
and a concrete R/W monument bears S 8° 35' 48" E a distance of 41.92
feet!
"'HENCE with the south lino hereof, the following described three (3) course&
and distances
1) S 87° 53' 21" W a distance of 370.84 feet to an iron rod found, said Iron
rod also being the northwest corner of Stella Subdivision Section Two, a
subdivision of record filed in Cabinet C. Slide 23, Plat Records of
WIIIfaseon County;
2) S 2" L4' 22" E a distance of 169.19 feet to an iron rod found at the
southwest corner of said Stella Subdivision in the north line of said
Southgate Apartments, Ltd;
3 ) S 77° 15' 31" W a distance of 686:26 feet with the north line of said
Southgate Apartments, Ltd. to the Place. of Beginning, containing 30.42
acres of land, subject to easamenta, conditions or restrictions of record
if any.
r
1 1
Stan Coulter. RPS, LS1,S
2 -1 -03
Stan Coalter, RPLS, LSLS
7 -10 -93 93011 -1 -01
EXH IEI IT q
APPENDIX 2
THENCE crossing said 30.42 acre tract, the following
described six (6) courses and distances:
1) S 29 ° 34' 41" W a distance of 66.58 feet;
2) S 33' 45' 24" W a distance of 52.64 feet;
3) S 21' 46' 50" W a distance of 93.72 feet;
4) S 28' 20' 47" W a distance of 49.99 feet;
5) S 14' 56' 05" W a distance of 52.39 feet, and;
6) S 17` 25' 55" W a distance of 43.58 feet to a point in
the east right -of -way line of said Interstate Highway 35;
THENCE N 40' 06' 42" W a distance of 297.24 feet with the
west line of said 30.42 acre tract and the east line of said
Interstate Highway .No. 35 to the Place of Beginning,
containing 1.03 acres of land, more or less.
BEI NG a part of the WILEY HARRIS SURVEY, ASSTAACT NO. 290,
WILLIAMSON COUNTY, TEXAS, and being a part of that certain
30,42 acre tract of land an iii. a , d to NS
recorded in Volume 2291 at Page -50, Official Records,
Williamson County, and being more particularly described by
metes and bounds as follows, to wit: •
BEGINNING at the northwest corner of said 30.42 acre tract in
the east right -of -way line of Interstate Highway No. 35, from
which'a chain link fence corner post bears N 73 55' 45" E a
distance of 2.13 'feet;
THENCE N 73' 55' 45" E a distance of 352.46 feet with the
north line of said 30.42 acre tract to the northeast corner
hereof;
COAL - & ASSOCIATES, SURVEYORS
FIELD NOTES
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BL'XURIAG OF .99.41 ACRl3
oar ar 1 uzr HARRIS SWfVA7;
AUSTRAL? Z98
05/14/1998 17:13
5122189798
'Amish Martina Norman
NOTARY PUBLIC
STATE OF TEXAS
Ay Comm. bp.: 03.242002
..AV 1\,5,\, 511},,. 111 .\11111,1,1111,,,151„1,1111."
if
EXHIBIT
S
Lienbolder's Consent
State of Texas County of Williamson know all men by these presents that we,
Coastal Banc, ssb, located at 7200 N. Mopac, Austin, Travis County, Texas, being
the holders of a Deed of Trust on the lands described in Exhibit A of this
agreement which is recorded in Vol. Page of the Official
Records Williamson County, do hereby consent to/ the Development Agreement,
the PUD Zoning Designation, and the recording of this Agreement in the Official
Records of Williamson County.
Witness my hand this 45- day of 717, , 1998 A.D.
l c srb
State of Texas
County of Williamson
This ' I strument was acknowledged before me on the
by jlass ('thlLv
I-IF2M INC
v ic£ fiA,Es ip£.1,7
15
day of May, 1998,
PAGE 10
PRIMED NAME motetia fillyll1ir
MY COMMISSION EXPIRES -'f 4092✓
EX' ''BIT c p 2 of 2
The proposed 100 foot drainage right of way will be dedicated to accommodate drains
improvements to be constructed by the City. ge
The drainage improvements recommended by the Drainage Improvements Study for the Rubio
Subdivision identified the following:
DRAINAGE IMPROVEMENTS
The current drainage patterns within the project area --are relatively un—
restricted overland floe. The source of the flooding being experienced by the
households is due to the Lake Creek Tributary 1 which .flows through the
project area from southwest to northeast. This tributary Meets the'main than.:
nel of Lake th•eek on the northern boundary of the project area. In addition -
drainage from the Interatate Highway 35 R.O.U. floes into the channel.at the
western edge of the project area.
The drainage is controlled primarily by natural terrain. Virtually no
drainage improvements have been conatructed in this area. Storm run —off from
private property floes unrestricted :onto adjacent properties and streets. No
enclosed storm sewer piping or curbed and guttered streets exist: The. Lake
Creek Tributary 1 channel is unimproved with a severely meandering alignment
contributing Co poor flow characteristics and erosion. The drainage area for
this tributary is 1.6 square miles resulting in an approximate 100 year floe
of 1921 cfs. The existing channel has an approximate capacity of 300 cfs
which results in severe overtopping of the banks. This capacity will not con—
tain a 10-year design storm with flows of 961 cfs.
The planned improvements consists of a grass lined trapezoidal channel with a
top width of 100', bottom width of 60', approximately' 6' deep, with '3 to 1
side slopes for maintenance. The bottom will have a narrow continuous con—
crete'trickle channel to insure.conveyance of minor flows and reduce main—
tenance requirements. The alignment will be basically straight with one
slight bend. The channel will tie into the main channel of Lake Creek on the
north edge of the project area.
The planned improvements should not have any adverse affects downstream be—
cause of the improved time of concentration. For a given'storm, the runoff
from the Lake Creek Tributary drainage area will pass the confluence. prior to
the peak Lake Creek drainage area flows. This will reduce the downstream
flows from current levels.
No other precautions are needed such as fencing (side elopes are acceptable).
It is not anticipated that prolonged ponding and stagnation of water will oc—
cur due to the concrete trickle channel.
_
/l -
EXHIBIT
„p„
ti y
Docit 9841436
# Pages: 24
Date : 07 -23 -1998
Time : 04:32:37 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. f 55.00
rtilbTlpnTl Official �tenmd sr}�a1
I: ath Public Ihrord:d
County. Tens en the dell and 1Nm
dMpd thereon.
c.13.tr.
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK; TEXAS 78664
ORDINANCE NO. Z-91-06-1/-12A2
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 AMEND
PLANNED UNIT DEVELOPMENT NO. 9 BY DELETING EXHIBIT
"B ", THE AGREEMENT AND DEVELOPMENT PLAN FOR SAID
PLANNED UNIT DEVELOPMENT NO. 9, AND SUBSTITUTING A
NEW EXHIBIT `B "; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend Planned Unit Development
(PUD) No.9, 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 5th day of May,
1998, 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 PUD No. 9 be amended, and
WHEREAS, on the 11th day of June, 1998, 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
N:\ NFOOC $ \onDINANC \osos11A1.NGD /cac
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 amendment to
Planned Unit Development (PUD) No. 9 meets the following goals and
objectives:
(1) The development in PUD No. 9 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 9 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 9 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. 9 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. 9 will be constructed, arranged and maintained
so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition) , City of Round Rock, Texas is
hereby amended so that Exhibit "B ", the Agreement and Development
2.
Plan to Planned Unit Development (PUD) No. 9 is deleted in its
entirety and replaced with a new Exhibit "B ", and that the Mayor is
hereby authorized and directed to enter into the new Agreement and
Development Plan for PUD No. 9, 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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Resolution and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 1 ! - day
, 1998.
3.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1998.
READ, APPROVED and ADOPTED on second reading this
the day of , 1998.
ATTEST:
I
LAND, City Secretary
4.
CHARLES CiYLPE'PPER, Mayor
City of Round Rock, Texas
X I--1 1 B I T q
APPENDIX 1
F1IZD NOTES
RECEIVED
MAR 1 8 1998
CITY OF ROUND ROCK
PLANNING DEPARTMENT
BEfht'a part of the WILEY HARRIS SURVEY, ABSTRACT N0. 298, Williamson Count
T'exaa, and being a part of that certain 122.82 acre tract of land described
In a deed to R. L. y,
�'i1 des ri Count Egger recorded in Volume 259 at Page 259, Deed Records of
as follows, to wit.. and being •
mote particularly described by metes and bounds
BEGINNING at an "X" found cut in a concrete curb at the southwest corner
hereof, said point elan being the northwest corner of Southgate Apartments,
Ltd, a subdivision of record filed In Cabinet F, Slide 288, Plat Records of
Williamson County;
THENCE with the west lino hereof and the east line of Interstate Highway 35,
the following described two (2) courses and distances:
1 ) N 12° 42' 15" W a distance of 513.70 feet to a concrete R/W moat *lent.
and;
2) N 40° 06' 42" tY a distance of 643.84 feet to the northwest corner hereof,
from which a chain link fence corner post bears N 73 55' 45" F e
dlotance of 2.13 feet;
•
THENCE with the north line hereof, the following described four (4) courses
end distances:
I) N 73° 55' 45" E a distance of 492.86 feet to an Iron rod found at the
southeast corner. of Southojde Acrea, a subdivision of record filed to
Cabinet A, Slide 323, Plat Records of Williamson County;
•
?) N 94 15' 18" L•' a distance of 5110.15 feet to an iron rod found at the
southwesterly terminus of Mandell Street; -
3 ) N..73° 00' 49" E a distance of 61.47 fret to an iron pipe toted at the
southeasterly terminus of Mandell Street, said iron pipe aiso being the
aouttmest corner of Southside. Acres Unit Two, a subdivision of record
filed In Cabinet B, Slide 49, flat Records of Williamson County, and;
4 ) N 73° 06' 28" Id a distance of 356.87 feet- to an iron
northeiat corner hereof In the west line. of U. S. Hi rod [bond at a ye
Street);' Highway 81, (South Mays
T1i :6TCE with the east line hereof and the west line of said U. S. Highway 81,
the following described three (3) courses and distances:
I) An arc distance of 762.51 feet with a curve to the right, said cu
having a central angle of 7° 41' 32 ". a radius of 5679.58. tangents
381.83 feet, a chord rvc
3 6° 51' et E. c a distance of 76 teot..and a chord bering of
concrete R/W monument:
2) S 3° 26' 43" W a distance of 172.36 feet to a concrete R/W monument.
and
3) S 8° 35' 48" E a distance of 154.21 feet to the southeast corner hereof,
from which an Iron rod found bears N 87° 53' 21" E a distance of 0.90
feet. an Iron rod found bears S 87° 53' 21" W a distance of 0.80 feet,
and a concrete R/W monument bears S 8° 35' 48" E a distance of 46.92
feet:
THENCE with the south line hereof, the following described three (3) courses
and distances:
1) S 87° 53' 21" W a die[ance of 370.84 feet to an iron rod found, said iron
rod also being the northwest corner of Stella Subdivision Section Two, o
subdivision of record filed in Cabinet C. Slide 23, Plat Records of
Williamson County;
2) S 2° 14' 22" E a distance of 169.19 feet to an iron rod found at the
southwest corner of said Stella Subdiviaion In the north line of said
Southgate Apartments, Ltd;
3) S 77° 15' 31" W a distance of G68 :26 feet with the north line of said
Southgate Apartments, Ltd. to the Place of Beginning, containing 30.42
acres of land, subject to easements, conditions or restrictions of record
If any.
Stan Coalter. RPS, LSLS
2-1 -03
•
Stan Coalter, RPLS, LSLS
7 -1n -Q9 04n17_1_n1
X II-1 1 B I - r
APPENDIX 2
FIELD NOTES
RETNG a pe o f th wXLEY HARRIS SURVEY, ABSTRACT NO. 290,
wILLIAMSON COUNTY, TEXAS, and being a part of that certain
30.42 acre tract of land in a deed to 14SP, INC.,
recorded in Volume 2291 at Page 50, Official Records,
Williamson County, and being more particularly described by
metes and bounds as follows, to wit:
BEGINNING at the northwest corner of said 30.42 acre tract in
the east right -of -way line of Interstate Highway No. 35, from
which'a chain link fence corner post bears N 73" 55' 45" E a
distance of 2.13 'feet;
THENCE N 73' 55' 45" E a distance of 352.46 feet with the
north line of said 30.42 acre tract to the northeast corner
hereof;
THENCE crossing said 30.42 acre tract, the following
described six (6) courses and distances:
1) S 29' 34' 41" W a distance of 66.58 feet;
2) S 33' 45' 24" W a distance of 52.64 feet;
3) S 21' 46' 50" W a distance of 93.72 feet;
4) S 28' 20' 47" W a distance of 49.99 feet;
5) S 14" 56' 05" W a distance of 52.39 feet, and;
6) S 17' 25' 55" W a distance of 43.58 feet to a point in
the east right -of -way line of said Interstate Highway 35;
THENCE N 40' 06' 42" W a distance of 297.24 feet with the
west line of said 30.42 acre tract and the east line of said
Interstate. Highway .No. 35 to the Place of Beginning,
containing 1.03 acres of land, more or less.
COAL & ASSOCIATES, SURVEYORS
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ADSTRACP 298
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR PUD NO. 9
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 HF2M,
Inc., and M.S.P., Inc.,(hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to
amend PUD No. 9, as previously adopted in Ordinance No. Z- 93- 08 -26-
12C, being 29.39 acres of land, more or less, said Planned Unit
Development ( "PUD ") 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 an amended 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, and said Plan superseding all previously adopted
Development Plans for PUD No. 9, as adopted in Ordinance No. Z -93-
08-26-12C.
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:
2. CHANGES AND MODIFICATIONS
C: \TSXT \SSPUDS \ PUD9.WPU /edc
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
This Agreement amends Planned Unit Development No. 9.
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.9 below are followed.
EXHIBIT
I
1.
3. ZONING VIOLATION
4. LIENHOLDER CONSENT
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
5.2 Necessary Documents and Actions.
5.3 Severability.
5.4 Entire Agreement.
5.5 Applicable Law.
2.
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
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 ".
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld. This section shall not prevent the
Owner from conveying the property.
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.
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.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
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
HF2M, Inc.
910 Heritage Circle
Suite A
Round Rock, Texas 78664
M.S.P., Inc.
910 Heritage Circle
Suite A
Round Rock, Texas 78664
5.10 Effective Date.
1. DEFINITIONS
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
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 ".
3.
City of Round Rock, Texas
221 East Main Street
Round Rack, Texas 78664
Attn: Director of Planning
2. PROPERTY
This Development Plan ( "Plan ") covers 29.39 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, hereafter referred to
as the Property.
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 shall be developed for uses permitted in the C -1
(General Commercial) Zoning District, as provided for in the
Code. The following uses are expressly prohibited; flea
markets, sexually oriented businesses, as defined in this
Code, amusements parks or carnivals, portable building sales,
recreational vehicle parks, wholesale nurseries or outdoor
shooting ranges.
6. DEVELOPMENT STANDARDS
6.1 Landscaping and Screening Along Mays Street
A twenty (20') foot landscaped buffer shall be
established along the east side of the Property adjacent
to South Mays Street right -of -way.
4.
6.2 Vehicular Access
Vehicular access to the Property, other than emergency
vehicles, shall be prohibited from Mandell Street.
6.3 Screening along Northern Boundary
7. PARKING
All screening of the Property along its northern boundary
shall protect existing trees whenever possible. If
existing trees are removed, they shall be replaced
pursuant to the landscape ordinance, as found in Section
3.1100 of the Code, and shall be no less than six (6')
feet in initial height and no less than three (3 ") inch
caliper measured at four and one -half (4 4') feet above
ground. A landscape plan shall be submitted to the
Director of Planning and Community Development for
approval.
6.4 Liahtinq
All exterior lighting within two hundred (200') feet of
the boundary of any single family lot shall be hooded or
shielded. Pole signs for commercial development shall not
be placed within two hundred (200') feet of the boundary
of any single family lot outside of the PUD.
Parking spaces shall be provided in accordance with the
requirements of Chapter 11.321 of the Code, except all parking
spaces shall be a minimum of one hundred and sixty -two (162)
square feet.
8. STORM WATER DETENTION AND DRAINAGE
8.1 Owner Participation
In order to ensure that the drainage requirements of the
City are met and to significantly assist in improving
existing drainage in the neighborhood immediately north
of the Land, the Owners will participate with the City in
improving drainage facilities between the Property and
Lake Creek. Said drainage facilities shall be funded
jointly by the City and the Owner. No additional on site
detention shall be required.
5.
8.2 Off -site Dedication
The Owner shall dedicate to the City, for the purpose of
constructing drainage improvements, a 100 foot wide
drainage easement as shown on Exhibit "C ", attached
hereto and incorporated herein.
8.3 On -site Dedication
The Owner shall provide a 100' wide drainage easement as
shown on Exhibit "D ".
8.4 Detention Fees
The Owner shall pay one thousand six hundred dollars
($1,600.00) per acre for the Property as its share of the
joint drainage improvements. This payment shall be paid
upon issuance of a building permit. These funds shall be
placed in escrow by the City. This payment shall
represent full payment of all detention fees assessable
to the Property. No additional on -site detention shall be
required. This account is an interest bearing account
which shall accrue to the benefit of the Owner.
8.5 On -site Detention Option
In the event that the regional drainage facilities
referred to in Section 8.4 have not been constructed
prior to the Owner applying for any building permit upon
the Land or any other development approval required to
commence construction on the Property, the Owner shall
have the right to construct on -site detention facilities
required to serve the development applied for on the 8.04
acre tract shown on Exhibit "C ". If this option is
exercised, all monies held in escrow shall be returned to
the Owner. If this on -site detention option is utilized,
any portion of the 8.04 acre tract utilized for on -site
detention shall not be transferred, conveyed, or sold
without the written approval of the Director of Public
Works. Detention facilities shall not be located in the
area shown as "Drainage Right -of -Way" on Exhibit "C" nor
shall they be located within one hundred (100') feet of
the boundary of the lot commonly known as 902 Mandell
Street.
9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
9.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
6.
9.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
9.3 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.
10. BINDING EFFECT
substantially change this Plan may be approved by the
Director of Planning and Public Works.
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
CITY OF ROUND ROCK
By:
Charles C
Date:
HF2M, INC.
M.S.P., Inc.
B y� ._� ∎ _�� -
1 e : a 4R' 1
7.
X I-1 I Ea 11r
APPENDIX 1
PII:TSI NOT1S
RECEIVED
MAR 1 8 1998
CITY OF ROUND ROCK
PLANNING DEPARTMENT
BBENC'a pert of the WILEY HARRIS SURVEY,
Texae, and being a part of that certain 122�� acre 298, Williamson d s
In a deed to R. 1 82 sec tract of lend ecordsbe
- Williamson County. L. Egger recorded in Volume 259 at Page 254, Deed Records of
as follows, to wit:
being more particularly described by metes and bounds
BEGINNING at an "X" found cut in a concrete curb at the southwest corner
hereof, said point also being the northwest corner of Southgate Apartments,
Ltd. a subdivision of record filed in Cabinet F, Slide 288, Plat Records of
Williamson County;
THENCE with the west line hereof and the east line of Interstate Highway 35,
the following descrlbed two (2) courses and distances:
1) N 12° 42' 15•' W a distance of 513.70 feet to a concrete R/W n+ontnent,
end;
2) N 4.0° 06' 42" W a distance of 643.84 feel to the northwest corner hereof.
from which a chain link fence corner post bears N 73° 55' 45" E a
distance of 2.13 feet:
•
TIIl3JC:6 with the north line hereof, the following described four (4) courses
and distances:
1) N 73° 55' 45" E a distance of 492.86 feet to an Iron rod found at the
southeast corner. of Southaide Acres, a subdivision of record filed in
Cabinet A, Slide 323, Plat Records of Williammon County:
2) N 74° 15' 18" L' a distance of 5116.15 feet to an iron rod found at the
aouthweaterly of Mandell Street;
3) N..73° 00' 49" E a distance of 61.47 f ±et to an iron pipe found at the
aouthoaaterly terminus of Mandell Street. said Iron pipe also being the
southwest corner of Southside. Acres Unit Two, a subdivision of record
filed in Cabinet B. Slide 49, Plat Records of Williamson County, and:
4) N 73° 06' 28" 1: a distance of 356.87 feet. 10 an iron •
noctheiat corner hereof in the west line : of U. S. H1 cod found h t the
BhwaY 81, (Sou[ Mays Street);'
Stan Coalter, RPS. LSLS
2 -1 -93
!i{ENiC'E with the east line hereof and the west line of said U. S. Highway 81,
the following described three (3) courses and distances:
1) An arc distance of 762.51 feet with a curve to the right, said
having a central angle of 7° 41' 32", a radius of 5679.58, tangents of
381.83 feet. a chord distance of 761.94 foot,' and curve
a chord bearing of
S 6° 51' 07" E. to a concrete Rltti nnni.rnent;
2) S 3° 26' 43" W a distance of 172.36 feet to a n
and
concrete R!W rontrnent .
3) S 8° 35' 48" E a distance of 154.21 feel to the southeast corner hereof,
from wttieh an iron rod found bears N 87 53' 21" E a distance of 0.90
Poet. an iron rod found bears S 87 53' 21" W a distance of 0.80 feet,
and a concrete R/W monument bears S 8° 35' 48" E a distance of 40,92
feet;
r
"'HENC'E with the south line hereof, the following described three (3) Courses
and distances
1) S 87° 53' 21" W a distance of 370.84 feet to an iron rod found, said iron
rod also being the northwest corner of Stella Subdivision Section '1Wo, a
subdivision of record filed In Cabinet C. Saida 23, Plat Records of
Williamson County:
2 ) S 2° 14' 22" £ a distance of 169.19 feet to an Iron rod found at the
Southgate wApart,ents. Ltd; Stella Subdivision 1n the north line of
Gtd; said
3 ) S 77° 15' 31" W a distance of 666 :26 feet with the north line of said
Southgate Apartments, Ltd, to the Place of Beginning, containing 30.42
acres of land, subject to easements, conditions or restrictions of record
1 f any.
FEZNG a part of the WiLEY HARRIS SURVEY, ABSTRACT NO. 298,
WILLIAMSON COUNTY, TEXAS, and being a part of that certain
30.42 ac tract of land ��� ._; w�a , - a dae d to a:SP, INC.,
recorded r in Volume 2291 at Page 50, Official Records,
Williamson County, and being more particularly described by
metes and bounds as follows, to wit:
BEGINNING at the northwest corner of said 30.42 acre tract in
the east right -of -way line of Interstate Highway No. 35, from
which'a chain link fence corner post bears N 73' 55' 45" E a
distance of 2.13 'feet;
THENCE N 73° 55' 45" E a distance of 352.46 feet with the
north line of said 30.42 acre tract to the northeast corner
hereof;
THENCE crossing said 30.42 acre tract, the following
described six (6) courses and distances:
1) S 29' 34' 41" W a distance of 66.58 feet;
2) S 33 45' 24" W a distance of 52.64 feet;
3) S 21° 46' 50" W a distance of 93.72 feet;
4) s 28' 20' 47" W a distance of 49.99 feet;
5) S 14' 56' 05" W a distance of 52.39 feet, and;
6) S 17* 25' 55" W a distance of 43.58 feet to a point in
the east right -of -way line of said Interstate Highway 35;
THENCE N 40° 06' 42" W a distance of 297.24 feet with the
west line of said 30.42 acre tract and the east line of said
interstate Highway .No. 35 to the Place of Beginning,
containing 1.03 acres of land, more or less.
COAL & ASSOCIATES, SURVEYORS 4 - �F• T
Q�4'6tSlFq..T
y.. * «o.�
STAN COALTER
•;.� 1481
ir
Stan Coalter, RPLS, LSLS
7 -10 -93 93011 -1 -DI
APPENDIX 2
FIELD NOTES
aNns Id, ha IS=
PAN K bigot ry • mw w law
ma. 30,7E W tar r/ -- Iaw
Mal: Miry IIIIIEI Som. o sal u MI
Maw R 711 8 ua
mat Q acorn 1 ., 7w-.1
■aMA Of (OIS 1 ara max INIA W WY
Alt lane 4 1111 ( --
eeureene ACedl
■
■
1
MI If MI NW
I,L NUN 11
tN 1L
■IMI}NNEf! E11EgYNVNYII
1 1N
ITILLA o3►ISwR
etELLA
SUBDIVISION
0,63b I
1
— 1
4 _1
REYUNENC or 21.42 ACRES
OUT Or cur HARRIS SURVEY.
ABSTRACT 298
05/14/1996 17:13 '5121A9798
I-F2M INC
EXHIBIT
Lleuholder's Consent
State of Texas County of Williamson know all men by these presents that we,
Coastal Banc, ssb, located at 7200 N. Mopac, Austin, Travis County, Texas, being
the holders of a Deed of Trust on the lands described in Exhibit A of this
agreement which is recorded in Vol. Page of the Official
Records Williamson County, do hereby consent tot the Development Agreement,
the PUD Zoning Designation, and the recording of this Agreement in the Official
Records of Williamson County.
Witness my hand this /S day of 41 7 , 1998 A.D.
sIefif ss(
i f
State of Texas
County of Williamson
This,iypstru en acknowledged before me on the 15 day of May, 1998,
by
WVA 11,,,,111111,
',,,,,1„11,,,1,1
Marcella Martinez Norman
NOTARY PUBLIC
STATE OF TEXAS
I14y Comm. Eq.: 03.21.2002
i 'imm.ivomswAvm,,,,,1,1,1 \O. ,UO111ri1,,'J.
vice—
PcES.o r
PAGE 10
PRINTED NAME Mak reva iviou ivormiUI
MY COMMISSION EXPIRES:I £1 °0 2J
SCALE: 1" - 100'
DRAINAGE IMPROVE NTS
EX' "Brr • C 'PQ 2 of 2
The proposed loo foot drainage right of way will be . dedicated to accommodate drainage
improvements to be constructed by the City.
The drainage improvements recommended by the Drainage Improvements Study for the Rubio
Subdivision identified the following:
The current drainage patterns within the project area..are relatively un—
restricted overland flow. The source of the flooding being experienced by the
households is due to the Lake Creek Tributary 1 which,fiows through the project area from southwest to northeast. This tributary meets the'main ciian=
nel of Lake ,C on the northern boundary of the project area. In addition
drainage from the Interstate Highway 35 R.O.W. floes into the channel.at the
western edge of the project area.
The drainage is controlled primarily by natural terrain. Virtually no
drainage improvements have been constructed in this area. Storm run —off from
private property flows unrestricted onto adjacent properties and streets. No
enclosed storm Bever piping or curbed and guttered streets exist. The Lake
Creek Tributary 1 channel is unimproved with a severely meandering alignment
contributing to poor flow characteristics and erosion. The drainage area for
this tributary is 1.6 square miles resulting in an approximate 100 year flow
of 1921 cfs. The existing channel has an approximate capacity of 300 cfs
which results in severe overtopping of the banks. This capacity will not con—
tain a 10 year design storm with flows of 961 cfs.
The planned improvements consists of a grass lined trapezoidal channel with a
top width of 100'. bottom width of 60', approximately' 6' deep, with '3 to 1
side slopes for maintenance. The bottom will have a narrow continuous con
crete trickle channel to insure conveyance of minor flows and reduce main—
tenance requirements. The alignment will be basically straight with one
slight bend. The channel will tie into the main channel of Lake Creek on the
north edge of the project area.
The planned improvements should not have any adverse affects downstream be—
cause of the improved time of concentration. For a given 'storm, the . run =off
from the Lake Creek Tributary drainage area will pass the confluence prior to
the peak Lake Creek drainage area floes. This will reduce the downstream
flows from current levels.
No ocher precautions are needed such as fencing (aide slopes are acceptable).
It is not anticipated that prolonged ponding and stagnation of water will oc—
cur due to the concrete trickle channel.
EXHIBIT
Date: June 5, 1998
Subject: City Council Meeting - June 11, 1998
Item: 12.A.2. Consider an ordinance amending Planned Unit
Development (PUD) No. 9 (Rock Springs) by removing
the MF (Multifamily) components. (First Reading) The
Planning and Zoning Commission unanimously
recommended this PUD amendment at their May 20,
1998 meeting. Second reading may be dispensed with
the unanimous consent of the Council. Applicant: Mike
Bishop and Jeff Drinkard. Agent: Terry Hagood, Fisher
Hagood. Staff Resource Person: Joe Vining, Planning
Director.
PUD # 9 Amendment
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