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Z-98-08-13-9B1 - 8/13/1998WHEREAS, 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 ", attached hereto and incorporated herein, from District MF (Multifamily) to Planned Unit Development (PUD) No. 31, and WHEREAS, the City Council has submitted the requested change ORDINANCE NO. Z '73- 08 -13 981 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 5.00 ACRES OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 31. 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 1st day of July, 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 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 WHEREAS, on the 23rd day of July, 1998, after proper notification, the City Council held a public hearing on the requested amendment, and K,\WPDOCS \OADINANC \080,23A1. NPD /cdc 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 Agreement and Development Plan for Planned Unit Development (PUD) No. 31 has been amended and restated to incorporate the zoning classification change provided for herein and said Amended and Restated Agreement and Development Plan is attached hereto, and WHEREAS, the Agreement and Development Plan for Planned Unit Development (PUD) No. 31 has been amended and restated to incorporate the zoning classification change provided for herein and said Amended and Restated Agreement and Development Plan is attached hereto, 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 2. hereby amended so that the zoning classification of the property described in Exhibit "A" is hereby changed from District MF (Multifamily) to Planned Unit Development (PUD) No. 31. thereof. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance 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 day of , 1998. Alternative 2. 2D READ and APPROVED on first reading this the a. ` day of 1998. 3. READ, APPROVED and ADOPTED on second reading this the 1 th 3 day of , 1998. ATTEST: A1/a/ ia. LAND, City Secretary 4. CHARLES CULPEPPER, Mayor City of Round Rock, Texas EXHIBIT "A" BEING 5.00 acres of land (217,800 Square Feet) 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 First Tract, called 25.45 acres as conveyed to G.W. Glenn by deed as recorded in Volume 260, Page 368 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of March, 1984, under the supervision of R.T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at a point in a fence on the North line of said First Tract, for the N.E. comer hereof; said point being N 86° 28' 30" W, 457.13 feet, and W 86° 06' W, 131.59 feet from the N.E. corner of said Glenn First Tract; THENCE, S 5° 34' 30" W, 378.31 feet to a point for the S.E. corner hereof; THENCE, N 84° 25' 30" W, 588.52 feet to a point for the S.W. corner hereof; THENCE, N 5° 34' 30" E, 362.60 feet to a point in a fence at or near the N.W. corner of said First Tract for the N.W. comer hereof; THENCE, with said fence as follows: S 85° 48' 30" E, 305.37 feet to a 40d nail set and S 86° 06' E, 283.36 feet to the place of BEGINNING and containing 5.00 acres of land and BEING THE SAME TRACT OF LAND described in the Quitclaim Deed filed in the Official Records of Williamson County, Texas on June 13, 1997 as Document No. 9726112. AMENDED AND RESTATED AGREEMENT AND DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT (PUD) NO. 31. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS Amended and Restated Agreement and Development Plan for Planned Unit Development No. 31 (the "Agreement ") 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, having its offices at 100 Crescent Court, Suite 250, Dallas, Texas 75201 (hereinafter referred to as the "Owner "). WHEREAS, by Ordinance No. Z- 97- 02- 13 -9F, City rezoned approximately 35.308 acres of land described therein as Planned Unit Development ( "PUD ") No. 31; and WHEREAS, as part of said rezoning, City and Owner entered into that certain Agreement and Development Plan for Planned Unit Development ( "PUD ") No. 31 (the "Original Agreement "); and WHEREAS, Section II.5.13 of the Original Agreement provided that in the event the adjacent five (5) acre tract of land shown as Parcel "A" in Exhibit "E" to the Original Agreement (herein the "Adjacent Tract ") was acquired by Owner, it may be included as part of Planned Unit Development ( "PUD ") No. 31; and WHEREAS, Owner has now acquired the Adjacent Tract and has submitted a request to City to rezone the Adjacent Tract by including it as part of Planned Unit Development ( "PUD ") No. 31; and 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 1. CONFORMITY WITH DEVELOPMENT PLAN All uses and development within the property shall generally conform to the Development Plan set forth in Section II herein. I rEXnSSpuosnIB2PUDaiodc 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 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 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 40.308 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 (the "Property"). 3. PURPOSE II. DEVELOPMENT PLAN The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan 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 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 of the Code. 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 Owner has heretofore dedicated to the City the southern one hundred fifty feet (150') identified as right -of -way land on Exhibit "D" attached hereto and incorporated herein (hereinafter referred to as the "ROW" Land). The dedication of the ROW Land was solely for the purpose of constructing State Highway 45 and related facilities and infrastructure. 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: In consideration of its dedication of the ROW Land, Owner is 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 804 units on the balance of the Property, after giving consideration for the dedicated 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. 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 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 Mai or Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 16 . GENERAL PLAN AMENDED CITY By: The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this Agreement and Development Plan. Date: f Charles Culpepper, ayor g-31- 98 ROCK, TEXAS CATLYN ROUND ROCK, LTD. By: Catlyn Capital Corp. It's general partner. By: / ) .t:Gc. Robert L. Trimble Executive Vice President Date: P- /9- 91 TRACT 1 EXITBTT "A" BEING 35.308 aces of land, situated in the Asa Thomas Survey, Abstract No. 609, in Williamson County, Texzt. Said land being a portion of that certain tact of land, called 22.50 acres, as described in a decd to Oscar I. Grbsmun and ale, Ednh Grossman, of record in Volume 2173, Page 117, of the Official Records of Willunron County, Tans, also being that certain tract of land, called 18.94 set; u 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, Teas_ Surveyed on the ground in the month of November, 1996, under the supervision of Don H. Bir11i, Registered Professional Land Surveyor, and being .more pardcolariy described u follawr, BEGINNING at an iron pin found on the north line of County Road No. 170, bang on the wet line of the above - referenced 22.50 arse Grossman tract, being the Northwest corner of that certain tract of Lad, called 2.245 aces, as conrveyed to the County of Williamson by deed u recorded in Volume 1629, Page 891, of the Official Records of Wstiimtson County, Tea .s,' narking the Southeast comer of that certain tract ofland, called 41.10 seta, u conveyed to Dell Computer Holdings, L.P., by dad u recorded in Document f960R843, of the Official Records of Williamson County, Teas, said point being N 5' 34' 30' E, 83.70 fee, morn or lees, from the Southwest comer of the said 22.50 acre tract, far the Southwest come herea4 THENCE, along the' said west line of the said 22.50 acre Grossman tract, being the cot line of the said 41.10 acre Dell Computer Holdings, L2. tram, N 5' 34' 30' E, 1,321.78 fen to an iron pm found marking the Southwest corner of that certain tract of .Lend, called 5.00 aces, as conveyed to Round Rock County Road 170 Ltd., by deed as recorded in Volume 1002, Page 1, of the Official Records of Wililamwn County, Ten, for the mon westerly Northwest corner hereof, TartiCE, S 84' 23'30' E, 588.78 feet to an iron pin found co the cuff fan of the said 22.50 we Grossman trim, bang the west fine of the above- r� - 10.94 acre Gleans cam, maidag the Southeast comer of the said 5.00 ace Round Rock Caumy Road I70 Ltd tsar for an interior comer heeof; T! 10E, N 5' 39'Er, 377.74 fnn to en iron pin found on a southerly line of that certain tray of land, called 187 acne, (Save & Exnnpt 70 aces) as conve to Doyle Iiekcson and wife, Evelyn Fekeson, by d u r,.ardnd br Volume 526, Page 50, of the Dad Re_ards of Williamson County, Texas, for the Northwest tamer of the sail 18.94 act Glenn trim, bang the Northeast acne: of the said 5.00 acre Round RD* Co=y Road 170, Ltd tract and the Northern comer of the said 22.50 :ere Grossman tram, for the cost northerly Northwest comer hereof THENC7 with a fence along the north Line of the said 18.94 ace Germ tract being a southerly Inc of the said Fvekenan tract: S 86'22' 30'.E, 131.31 fat to a nail found, and S 86 27 30' E, 457.20 fct to an iron pin set at a face comer marking tar iccior corner of the said 2ckerson tract, bong the Northcar rams of the said 18.94 ace Glean tsar, for the Northcan comer hereof, TFr.-' 1a, along the on fine of the said 18.94 ace Glenn tram, with a fete S 2' 45' 30' 1V, 670.51 fee to an iron, pin found at s fence corner marking the most southerly Southwest comer of the said Fake -son tray being the Nonhw-s corner of that certain tract of land, called 11.30 aces, as conveyed to Bunny Neytns by deed as recorded is Volume 817, Page 708, of the Deed Records W.V./Manson County, Teas, being the mon northerly carat of that certain tract of Land, called 0.049 of an act, as conveyed to Barmy Neyeus by deed as rr..ordd in Volume 817, Page 710, of the Deed Retards of Williamson County, Trnj, and leaving the said face, S 2' 20' W, 607.94 fact to an iron pin found on the said north fine of County Road No. 170, marking the Southeast comer of the said 18.94 acre Glenn tram, being the Southwest comer of the said 0.049 of an ace Neyeas tram, bang the most easterly corner of that certain tract of lord, called 1.092 acres, as conveyed to The County of Wdlianvon by deed as recorded in Volume 1629, Page 891, of the Official Re=eds of Williamson County, Ttz.t, for the Southeast coma- hereof, T1-a.NCE. along the said north lint of County Road No. 170, bring the south fine of the said 18.94 acre Glenn tract, Ind the northerly line o(the said 1.092 ace County of VfdUattuon tract, es fancy/5;N 58" 23' W, 121.63 feet to en iron pin set: 11 76' 20' 30' W, 61.53 fe.ott to =iron put set; S 84' 13' W, 74.06 feat to an se{ S 63' 23' 30' W, 59.85 feet to an iron pin sec; S 54'.21' 30" W, 192.05 feet to an iron pin seq 5 55' 51' 30' W, 136.26 feet to an iron pin sct far c the mon wencrly comer of the said 1.092 at County of Williamson tract. bung easterly comer of the said 2.245 no County of Williamson tract, and cantitnting along the north fine of the said 2.245 acre County ofRifliasnson, Texas tract, S 77' 13' W, a 119.23 feet, passing an iron pin found marking the Southwest comer of the said 18.94 arc Glenn itae. being on h east lint of the said 22.50 acre Grossman tract, for a total of 183.99 feet, L feet, in ong rd bear 5 pin found a the beginning of a nave to the left, (Red s 76' 21' W, 351.44 feel) Thane, along the said curve for an arc distance of 351.45 fat to an iron pin set; Platy o Thence, 5 75 30' W, 208.11 feet to the f BEGINNING G and eornaini n 8 35.308 tats (1,538,130 square feel) ofland_ TRACT 2 BEING 5.00 acres of land (217,800 Square Feet) 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 First Tract, called 25.45 acres as conveyed to G.W. Glenn by deed as recorded in Volume 260, Page 368 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of March, 1984, under the supervision of R.T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at a point in a fence on the North line of said First Tract, for the N.E. comer hereof; said point being N 86° 28' 30" W, 457.13 feet, and W 86° 06' W, 131.59 feet from the N.E. comer of said Glenn First Tract; THENCE, S 5° 34' 30" W, 378.31 feet to a point for the S.E. corner hereof; THENCE, N 84° 25' 30" W, 588.52 feet to a point for the S.W. comer hereof; THENCE, N 5° 34' 30" E, 362.60 feet to a point in a fence at or near the N.W. corner of said First Tract for the N.W. corner hereof; THENCE, with said fence as follows: S 85° 48' 30" E, 305.37 feet to a 40d nail set and S 86° 06' E, 283.36 feet to the place of BEGINNING and containing 5.00 acres of land and BEING THE SAME TRACT OF LAND described in the Quitclaim Deed filed in the Official Records of Williamson County, Texas on June 13, 1997 as Document No. 9726112. EXHIBIT B" Lienholders Consent THERE ARE NO LIENBOLDERS OF RECORD CATER IISEPUOS11182EX01.2kde 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 804 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 "E ", attached hereto, contains an illustration of this height requirement. (Exhibit "E" 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 consist of Masonry. Masonry shall mean stone, cementous base siding such as "Hardi Plank ". 4.3 The minimum 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 Building Setbacks: 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: 6. LANDSCAPING: 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 REQUIRED 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 maximum area 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: 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 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. PTELD NOTES FOR PROPOSED RIGHT -0R -WAY Pagel of 3 BEING 3.356 aria °eland, situated In the Asa Thames Survey, Abstract No. 609, in Marmon County. Teen Said land bang a portion of that eerula wax of land, staled 22,30 aloe; as described in a deed to Oscar L Grossman and wills, !Ads Grossman, of record in Volume 2172, Page 117, atlas Official Records of Wp iernson Cana. Tetras, and a portion of that certain met eland. called 18.94 saes, as conveyed to Billy W. Glen and wife Janet Glenn, by deed se recorded in Volume 1375, Page 321, of the OR1dt1 Records of Wllfan *on. Surveyed on the ground ce the month of November. 1996, under the snperviee' of Dim $ Biaell, Registered Professional Land Surveyor. end being more particularly deserted u follow, BEGINNING st an 'van pin found on the north be of County Road No. 170, audio, the Southeast corner of the said 18.94 acre Ginn tract, being the Southwest cower of that arras trees of lead, called 0.049 of an acre, u conveyed to Bunny Ntytsa by deed u recorded la Volume 817, Page 710, of the Deed Records of Musson County, Texas, being the mot of Wilfamsaa by deed u recorded in Volume 1629, h 1.092 sere; sa eaoreyed of dm O o Recordaof suet Courtly. Teas, for the Southeast caner berme THENCE, , along the 'mid north One of County Road No. 170, being the north One of the said 1.092 sore Carney of W3is:mon tram, ban` the so0th 8ne of the said 11.94 sue Germ van, is foUoww N 38. 23' W, 121.63 fat to 10 into pia sec N 76' 20' 30' W. 61.33 feet to in hoe pin seG S 14' 13' W, 74.06 feet to an sec S 53' 23' 30' W, 59.15 fx to an iron pct eel; S 54 2!' 30 W, 192,55 feet to an iron pin sec S 55' 51'30' W, 136.26 feet to an ins° pin sal for the most easterly artier of that ceruin tree of land, called 2.245 arses, u conveyed to Tlr County of Williamson by deed u recorded in Volume 1629, Page 891, otthe Official Records of Williamson Carney, Teas, bring the max wetted./ comer of the said 1.092 acre Canty of Williamson crafts, and continuing along the north Ike of the said 2.245 acre County ofWs3sment tram, S 31' 13' W, u 119.23 fns put an iron pct farad ousting the Southwest comer ads* aid 13.94 acre Gleam tract, bang on the cut line of the sbovs.rderenced 22.30 acre Grosso= tract, far a total distsesc of 111.99 fee , in ell, to an iron pin found at the beginrdng of a arm to the �°•. 't , =' s 11. 760.10 ter Lens Card bean S 75'21' W. 351.44 feu); Melee, ee, orlon; the said .:4rr_ fer an an (thence of 351.45 feet to an iron pin set; TSettoe, 3 75' 30 W. 203.11 :ft, :o an inn pia fazed oo the went lire of to said 22.50 3_-^e Cinaclan =sot, be.:g :he Ncrcvor, -mu of the said 2145 ace Caunry of Williamson t act, mulcrtg .Sc • Southeast 0or..c of that caain cram of :and. called 41.10 ecru, as conveyed to Dell Carrnrser F.oldmgs, LP, , by deed u recorded is Denman 0606843, of the Official Re -eras of Waltman tt¢uon Ceuttry. Texan, said point being N 5'34' 30' E, 83.70 fees, mare or leaf, from the Southwest comer of the said 2150 sere tract, for the Southward comer hereof, THEN=, along the said wee I'me of the said 22.50 ace Grouman tract, being the east One of the said 41.10 ace Dell Computer Holdings, La. enc., N 5' 34' 30' E, 150.00 feet to a.poit, for the Ncr,.hwest corner hereof T: a, N 7:' 52' E, u 525.42 feet pus the out line of the laid 22.50 arse Grosunan trace, being the west '.x of the said 13.94 sae C?e:n tram, fora total distance of 1,313.14 feet, in all, to a paint on the east fine of the said 11.94 aa-e Clan tract, being the west One of the said 0.049 of an ace Neyers tract, for the Nerthwat comer hereof. T S 2' 20' W, 150.00 feet to the Place of BEGINNING and containing 3.356 acres (146,190 Square Fat) of land, of which 2.022 aces (31,010 Square Feet) °find are thirsted in Steter de I3lzzell Engineering, Inc. 1,.8, 144r1, the said 22.50 sae Grossman tram and 1.334 sera (58,110 Square Feet) of land are situated in the said 11.94 an Glean tram STATE OF TEXAS K N O W ALL MEN BYT EPRESENTS: COUNTY OF WILLIAMSON ( The urdertogned hereby gasifies to Catlyn Round Rods L,td. and the sty of Round Rock that a survey was made on the ground in Noveosbr, 1996, coder my atpervidon and correctly an the bads of a bid transit survey made in aetordaeacs whit the the Testa Su�veyor's Aaodation Standards end S ao IA, Cow:U d survey; (1) fixed a �ado a scrase Category l IA, C du d ngt position 1) a the porn of determinable location other hotels daaibed lad [mdttdLg the is sition hammy s pin the bead= ofd the y Boa sad dimensions and area of the bad the progeny foes of the std do:dation dal net impravens fs Lid; and () the loeeoa and d®eedoru of a4 ttlleyti mK road; drive-ways or other earn on the curbs am any salsa upon wilds the Lod abut; rides tumor at and other masses of record of which the undersigned has btowledp or hu bras ( advised affecting the land according to the legal desesipdon is ds mamma and other mattes 4 book sad pap number mdiesedj. The wderagrmd Father ear dot (a) tacept u darly shown and identified u each, theta ate to viable asameat; righnwGway. drainage daches, power gam set back acid/or bulldog Bra, roadways, party walls or cry which aiat the su bject property, (b) =am u dotty :hewn and ide:ai6ed u sudi, there are no viable eaaoachmern on t oiaing or premiss, meets or oche : slays d b3' ed amid bm7dst tno viable enaoeehmenu an the subject u d early shown sad Weeded a wens, there ors no viable property by bp, =mores or other adjoining premise; (e) in by on Road No. 170, the soma being t o said egre from the :tthjat property is provided by Carroty being paved. s &Seated public tight -aim maimuatbsed by WdBarraon County; (d) all required buildo+g set back Bates on the subject property are located as shown hereon; sad (1) the Survey redacts batadary Sties of the !wain described land which •dose• by e:tezeer :1. calculations. Dan is=-41 Registered Professional Card Scrv_ryar, No. :2;3 Sate of 'reps 1973 S. Austin Avctue S12- 863 4321 S & H Project No. 13239 Revised: December 12, 1996 Pate 2 of 2 F11e lL' Ora, Gee Due 4 THIS IS AN EXAMPLE ONLY Date: August 7, 1998 Subject: City Council Meeting, August 13, 1998 Item: 9.B.1. Consider an ordinance to rezone 5.00 acres of land from MF (Multifamily) to PUD (Planned Unit Development) 31. (PUD 31 expansion) (Second Reading) The Planning and Zoning Commission recommended adoption of the zoning change on July 1, 1998. First reading of the ordinance was approved on July 23, 1998. Applicant: Catlyn Capital Corp. Agent: Jerry Winetraub. Staff Resource Person: Joe Vining, Planning Director. Rezone from MF to PUD 31 5.00 Acres THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK lullllullUllllllllllllllllllllllllllllllllllllllllllll : 2005045576 I, SHERRI MONROE, Assistant 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 -08- 13-9B1, which approves the rezoning of 5.00 acres from District MT to PUD No. 31. This ordinance was approved and adopted after two readings by the City Council of the City of Round Rock, Texas. The meetings were held on the 23 day of July 1998, and the 13th day of August 1998. These minutes are recorded in the official City Council Minute Book No. 37. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 16th day of June 2005. SHERRI MONROE, Assistant City Secretary N WP UDCS \01DINANC \ /cdc ORDINANCE NO. 2 6 18 - 08• -13 96! 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 5.00 ACRES OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) 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 ", attached hereto and incorporated herein, from District MF (Multifamily) 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 1st day of July, 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 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 WHEREAS, on the 23rd day of July, 1998, 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 Agreement and Development Plan for Planned Unit Development (PUD) No. 31 has been amended and restated to incorporate the zoning classification change provided for herein and said Amended and Restated Agreement and Development Plan is attached hereto, and WHEREAS, the Agreement and Development Plan for Planned Unit Development (PUD) No. 31 has been amended and restated to incorporate the zoning classification change provided for herein and said Amended and Restated Agreement and Development Plan is attached hereto, 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 2. hereby amended so that the zoning classification of the property described in Exhibit "A" is hereby changed from District MF (Multifamily) to Planned Unit Development (PUD) No. 31. , 1998. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance 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 day of , 1998. Alternative 2. 22D READ and APPROVED on first reading this the day of 3. READ, APPROVED VED and ADOPTED on second reading this the 13 day of , 1998. ATTEST: ALI AMA-- E LAND, City Secretary 4. CHARLES CULPEYPER, Mayor City of Round Rock, Texas EXHIBIT "A" BEING 5.00 acres of land (217,800 Square Feet) 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 First Tract, called 25.45 acres as conveyed to G.W. Glenn by deed as recorded in Volume 260, Page 368 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of March, 1984, under the supervision of R.T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at a point in a fence on the North line of said First Tract, for the N.E. corner hereo said point being N 86° 28' 30" W, 457.13 feet, and W 86° 06' W, 131.59 feet from the N.E. comer of said Glenn First Tract; THENCE, S 5° 34' 30" W, 378.31 feet to a point for the S.E. comer hereof; THENCE, N 84° 25' 30" W, 588.52 feet to a point for the S.W. comer hereof; THENCE, N 5° 34' 30" E, 362.60 feet to a point in a fence at or near the N.W. corner of said First Tract for the N.W. comer hereof; THENCE, with said fence as follows: S 85° 48' 30" E, 305.37 feet to a 40d nail set and S 86° 06' E, 283.36 feet to the place of BEGINNING and containing 5.00 acres of land and BEING THE SAME TRACT OF LAND described in the Quitclaim Deed filed in the Official Records of Williamson County, Texas on June 13, 1997 as Document No. 9726112. AMENDED AND RESTATED AGREEMENT AND DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT (PUD) NO. 31. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS Amended and Restated Agreement and Development Plan for Planned Unit Development No. 31 (the "Agreement ") 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, having its offices at 100 Crescent Court, Suite 250, Dallas, Texas 75201 (hereinafter referred to as the "Owner "). WHEREAS, by Ordinance No. Z- 97- 02- 13 -9F, City rezoned approximately 35.308 acres of land described therein as Planned Unit Development ("PUD") No. 31; and WHEREAS, as part of said rezoning, City and Owner entered into that certain Agreement and Development Plan for Planned Unit Development ( "PUD ") No. 31 (the "Original Agreement "); and WHEREAS, Section II.5.13 of the Original Agreement provided that in the event the adjacent five (5) acre tract of land shown as Parcel "A" in Exhibit "E" to the Original Agreement (herein the "Adjacent Tract ") was acquired by Owner, it may be included as part of Planned Unit Development ( "PUD ") No. 31; and WHEREAS, Owner has now acquired the Adjacent Tract and has submitted a request to City to rezone the Adjacent Tract by including it as part of Planned Unit Development ( "PUD ") No. 31; and 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 1. CONFORMITY WITH DEVELOPMENT PLAN All uses and development within the property shall generally conform to the Development Plan set forth in Section II herein. IA1E7cnSEPUDS11182PUO.Lcdc 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 1.501, 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. 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. CITY OF ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn.: Director of Planning This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1 DEFINITIONS 2. PROPERTY 3. PURPOSE 4.2 Other Ordinances 5. PERMITTED USES 11. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as the Code ". This Development Plan ( "Plan ") covers approximately 40.308 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 (the "Property"). 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. 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 Owner has heretofore dedicated to the City the southern one hundred fifty feet (150') identified as right -of -way land on Exhibit "D" attached hereto and incorporated herein (hereinafter referred to as the "ROW" Land). The dedication of the ROW Land was solely for the purpose of constructing State Highway 45 and related facilities and infrastructure. 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: In consideration of its dedication of the ROW Land, Owner is 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 804 units on the balance of the Property, after giving consideration for the dedicated 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. 11. BUILDINGS Building size, dimension, height and setbacks shall be regulated by the Development Standards set forth in Exhibit "C ". I2. 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 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 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 16 . GENERAL PLAN AMENDED The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this Agreement and Development Plan. CITY By: Charles Culpepper, ayor Date: g`3I 98 ROCK, TEXAS CATLYN ROUND ROCK, LTD. By: Catlyn Capital Corp. It's general partner. By: /ra«.+r -mac.. Robert L. Trimble Executive Vice President Date: It /9- 91 TRACT 1 EXffTBIT " A" BENG 35.308 acres of land, situated in the Asa Thomas Survey, Abstract No. 609, in Williamson County, Texu. Said land being ,a portion of that certain tract of land, called 22.50 acres, u destziod in a decd to Oscar 3. Grbsmun and nifc, Errth Grossman, of record in Volume 2173, Page 117, of the Official Records of Mfusraon County, Teas, also bang this certain tram of iend, called 18.94 acre; as conveyed to Billy W. Glom and wife, Ienct Glenn, by decd as recorded in Volume 1375, Page 321, of the Official Records of Williamson County, Tema Surveyed on the ground in the month of November, 1996, under the supervision of Don H. Biar11, Registered Professional Land Surveyor, and being .more particularly described as follows, BEGINNING at an iron pin found on the north line of Counts 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, called L245 ace; u conveyed to the County of Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of Wtii ixtsoa marking the Southeast corner of that ernaia tract of Teas; er Holdings, cam. t 9.t 41.13 acre,, u conveyed Re tr s of Fm gt, F_P., by deed u recorded in Document *9606843, of the Office( Records of WiILanson County, Tea; said paint being N 5' 34' 30' E, 83.70 feet, more or /era from the Southwest come: of the said 2250 =retract. for the Southwest carne berms TI-ENC'E, along the said went line of the said 22.50 acre Gmxsoa t tract, being the east line of the said 41.10 :ere Dell Computer Holdings, L.P. tram, N5'34' 30' E, 1,321.78 fee to an iron found marking the Southwest earner of that certain tract of land, called 5.00 aces, as conveyed to Round Rock County Road 170 Lad by deed as recorded in Volume 1002, Page 1, of thc Official Records of Wi1funtson County, Tema, for the most westerly Northwest =riser hereof, TF3M'ICE, S 84'23'30' E, 588.78 feat to an iron pin found on the east line of the said 22.50 acre Grossman tram, bring the wen Lac of the above -r t ocd 18.94 ace Gleam cam, marring the Soothra tamer of the 5.00 ace gerund Rock County Read 170 Ltd. ow., for an inrcior carper hecg THENCE_ N 5' 39' c, 377.74 re-.-- to an iron pin found on .a sorribcfy line of that cocain tract of end, called 107 noon, (Save 6e- zo pt 70 acres) as conveyed to Doyle Flickcson and wife, Evelyn Hickczon, by de-_l ne r- -arded zn Volume 526, Page 50, oC the Deed Records of Williamson County, Te-us, for the Northwest corner of the said 18.94 ace Glenn trams being the Nonhean comer of the said 5.00 acre Round Rock Curry Road 170, Ltd tram and thc Norbesn corner of the said 22.50 ace Grossman tract, for the most northerly Northwest corner hereof T00NCE, with a fence along the north line of the said 18.94 acre Glenn to ., being a southerly Lne of the said }Eckerson tram,; S 86'22'30' 2, 13131 fen to a earl found, end S 86' 3.T 30' E, 457,20 fat to an iron pin set as a (mice home marling en imeior rarnc of the said '/Eckerson tract, being the Northeast corner of thc said 18.94 ace Glean tram, for the Northeast comer he-ra� TE N along the east line of the said 18.94 acre Glenn eras with a fescc S 2 45' 30' W, 670.51 feet to an eon pin ramrod u a fvnee comes =1.1u-icing the nos southerly Southwest - carne: of the said Ec:cson tram being the Northwest came of Out certain tract of land, called 11.30 see, u corrveyed to Bunny Neyeu by deed as recorded in Volume 817, Page 708, of the Decd Records of WnlEsamsan County, Teas, being the mon northerly cone- of that ccnin tract of Lend, called 0.049 of en acre, as conveyed to Bunny Neyens by dead as recorded in Volume 817, Page 710, of the Deed Records of Williamson County, Teat, . and leaving the said fcte, S 2' 20' W, 607.94 feet to are iron pin found on the said north Ent of County Road No. 170, mauling the Southeast comer of the said 18.94 acre Gleam tract, being the Southwest come of the said 0.049 of an ace Noyes tram, being the most easterly corner of that certain tract of land, called 1.092 acre; u conveyed to The County of Williamson by decd as recorded in Volume 1629, Page 891, of the O6irdal Records of Williamson County, T for the Southeast corner hawf, d THE`10E along the said north lint of County Road No. 170, bang the soutt> lint of the ra id 18.94 Rae Glenn tract, and the northerly lint o(thc said 1.092 acre County of as follows; 1‘i 50' 23' W, 121.63 fat to an iron pin to N 76' 20' 30' W, 61.53 feet to an iron pin sec; S 84' 13' W, 74.06 feat to an act; S 6V 23' 30' W, 59.85 fed to an iron pin set; S 54%21'30' W, 192.05 fed to an iron pin r eC S 55' 51'30' W, 136.26 fed to an iron pin set for the most westerly corner of the said 1.092 acre County of Williamson tract, bung the most easterly corner of the said 2245 acre County of Williamson tract, and continuing along the north line of the said 2.245 ace County of Williamson, Teals tract, S 7T 13'W, as 119.23 bon oer posing an iron pin found marking this Southwest comer of the said 1894 acre Glum tracti t m iron on the art tract line of the raid 22.50 acre Grown= act. far a totU,cc o 0 8 3 . 9 9 long Chord bnir S pin found at the beginning of a curve to the left, (Radius 76 21' W, 351.44 fen); 'thence, along the said curve for an arc diasnce of351.45 fed to =iron pin see Thence, 5 75 30' W, 208.11 fat to the Place of BEGINNING and txmuini g 35.308 iota (1 .538,130 square feet) ofland. TRACT 2 BEING 5.00 acres of land (217,800 Square Feet) 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 First Tract, called 25.45 acres as conveyed to G.W. Glenn by deed as recorded in Volume 260, Page 368 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of March, 1984, under the supervision of R.T. Magness, Jr., Registered Public Surveyor, and being more particularly described as follows: BEGINNING at a point in a fence on the North line of said First Tract, for the N.E. corner hereof; said point being N 86° 28' 30" W, 457.13 feet, and W 86° 06' W, 131.59 feet from the N.E. corner of said Glenn First Tract; THENCE, S 5° 34' 30" W, 378.31 feet to a point for the S.E. comer hereof; THENCE, N 84° 25' 30" W, 588.52 feet to a point for the S.W. comer hereof; THENCE, N 5° 34' 30" E, 362.60 feet to a point in a fence at or near the N.W. corner of said First Tract for the N.W. corner hereof; THENCE, with said fence as follows: S 85° 48' 30" E, 305.37 feet to a 40d nail set and S 86° 06' E, 283.36 feet to the place of BEGINNING and containing 5.00 acres of land and BEING THE SAME TRACT OF LAND described in the Quitclaim Deed filed in the Official Records of Williamson County, Texas on June 13, 1997 as Document No. 9726112. EXHIBIT *B" Lienholders Consent THERE ARE NO LIENHOLDERS OF RECORD 1. PERMITTED USE The permitted use shall be residential apartments and/or condominiums. 2. DENSITY EXHIBIT "C" DEVELOPMENT STANDARDS MULTI - FAMILY RESIDENTIAL A maximum of 804 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 "E", attached hereto, contains an illustration of this height requirement. (Exhibit "E" 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. C:17EXT SEPU0S11182Exo1.vcdc 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 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 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 REQUIRED 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 maximum area 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: 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 ' 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. "Y lB FfELD NOTES FOR PROPOSED RIGHT-OF-WAY Page 1 of 2 County, G 3.356 aces attend, situated in the Au Thomas Survey, Abstract No. 609, in W'Olampq Tema Said land bring a portion of drat certain trees eland, called 22.50 acre; as desc rbed in a deed to Oscar 1. Grossman and wife, Edith Grossman, of record in Volume 21 Page 117, of the Official Pseuds of W0ltn asort Caumy, Tacna, and a portion Ohba certain nut of land, caged 11.94 acres, as conveyed to Billy W. Glenn and wife, lasses Glenn, by decd u recorded in Volume 1375, Page 321, of the Mad Records of WGGsmsas. Surveyed 04 the grand in the month of Novanber, 1996, wider the supervision o o f T� Biaefl, Registered Profeuional Land urveyor, and being more partieulacfy detailed tbe R. Land S e of Dos d u follrns % s; BEGINNING a an 'von pin found on the north line of County Road No. 170, rnadtatg the Southeast corner of the said 11.94 acre Gleam tract, being the Southwest corner of that certain tract of land, aged 0.049 at a am; as conveyed to Bonny Nay= by deed as recorded L Volume 117, Pap 710, of the Deed Records of WIlEamseq County. Taus, being the 14413 easterly comer 'tithe 'tithe ceniin tract Orland, called I.092 Corny et o by dad as recorded in Volume 1629, Pip 191, ortbe OmaWRsco Records ofWilInumn County, Ten; for the Southeast comer hereof; THE CE, akin the said north tine of County Road No. 170, being the north fans of t said 1.092 acre Camay of WEG nuon emu, being the soots Inc of the said 13.94 sae Glom tract, u wr, N 51' 23' W, 121.63 feu to as iron pia sea N 76` 20' 30' W, 61.53 feet to an iron pis set; S 14' 13' W, 74.06 fees to an set S 63' 23' 30' W. 59.35 fon to in iron pin sag 5 54' 21' 30' W, 192.05 fat to an n pin set S 55' S t• 30' W, 136.26 feet to an iron pm en Sir the most easterly =met of thu curtain sees of land, called 2,245 acres, u conveyed to The County of WII$amson by deed as recorded in Volume 1629, Page 391, of the OtBdal Reeotds of Williamson Cowry, Teas, being the most westerly coma of the said 1.092 ace Cooney of Williamson tract, and conrueting along the north Inc of the said 2143 see Couty ofV/REen son Pic, S 7T 13' W, at 119.23 fen pas an iron pin found marking the Southwest cornet oft said 11.9.4 acre Glenn tract, bang on the east line of the we - 2250 acre Grossman tract. fcr a total d;ataaa of 123.99 feu in tJ, to an iron pin found u the beginning of a save to the 'r'•. a s - 11,760.10 fee` Long Own'. bean 5 76' 2I' W, 351.44 feu }, 'nerve, eon; the said .one far m a.. distance of 351.45 feet to an iron pin set; T.ercce, 5 75' 3C W 2'33.11 fs.:o inn ?c found on the wit laic of the said 2250 1::"s C : : LLTI a_I 711=, bn.; the vcnrseer ez ..c' of the said 2_245 ace County of Williamson to :rsrtrng the Southeast xmm cf that :e•.ain tract eland, called 41.10 acr-4, u conveyed to De:1 Computer Holdings, L.P., by detel an recorded io Nunn= 2_19606343, of the Official Re orris of W Miecucn Ccuaty, Terns said point bang N 5 30 2, 33.70 feet, more or leas, from the Southwest earner or the said 2:.50 sere poet, for she Southwest earner hereof TNFN-.: slang the said wen. line of the said 22.50 ace Grossman tract, bang the east Gran of the said 41.10 acre Dell Computer Holdings, L.P. stet, N 5 34'30' E 150.00 feet to a. point, foe the Northwest corner hereof; T- = EN� N 70 52' E, u 6_5.42 ix: pus the east fine or the aid 22.50 acre Grossman tract, bang the west '_.c of the said 13.94 sae Crum tin. fora totd distance of 1,313.14 fee` in at, to a point on the nut fine of the said 11.94 acre Gies tact, being the west line of the said 0.049 of an ace Neyers tract, for the Northwest corner hereof TFENC2, S 2' 20' W, 150.00 fees to the ?lace of BEGINNING and containing 3.356 acres (146,190 Square Fat) afield, of which 2022 acres (11,010 Square Feet) of land are situated in Steger 6e 131zzell Engineering, Inc. . sit. era r.... .a... RECORDERS MEMORANDUM All or pacts of the tat on this page was not dimly legible firsati raccadation. the said 22.30 sae Grossman uaet and 1.334 emus (53,110 Square Feet) of land are situated in the said 1x.94 acre Glenn true STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL 3422 BY TFESE PRESENTS: { The eniOxd hereby certifies to Catlyn Round Rock. Ltd and the Qry of Round Rader that a nnvey was crude on the gad in November. 1996, under my tupervidon and m 1y Mown. on the bads of a Add a7 * !I nca made in accordance wide the extent aceie7 standards of ry : n Suadards mod Sped6eadom far a Category 1A, Condition 3 umer, (1) for a fated a du otm position and landau of the herein dumbed land (Including the s ind t t point b improvements bdary lure end d;rmmeom and area of the load the popery fines of the and der relation ofd and imprtneemap to hurt sad { 7 the !comics and dnseasiosa of al{ agen street, rods. &ivy - ways or other eau as the curbs along any street upon Mid the lend aboq advised other trotters of rrwd of selfish the amdestgned hs knowledge or b affecting the land according to the legal description in Pith easements and other matters (with immummu, book sad page number undated). The undersigned Anther certifies that accept es dearly Mown and identified u Poch there en m viable (a) draimaga catches, power Furry set back mac: bettldb g inn, roadways codices which n=ee: the abject ptoperir (h) =sem as dowry shown and identified u such, there are no visitors ctmoachmcrct on adjoining : —..w itseeu or days by cup of aid or other improvements and, eswept u d + u Pntrmnals shown and Wended ar o e suds, these ass no tendon encroachments on the 'abject property by buslftega, adjoining premise; (c) is savanna err roper is provided by on Road No. 170, the ante being wed from pubic r property y m is maintained y bl Cooney County; (d) all required but1dtng set but Sem on the subject property are located u shown hereon; and (e) else Survey r.eets baen-.dary Saes of the herein described land which 'dose by eiginec ealasiaticrr. / Re3irterd Protesrional Land Surveyor, No. 2:11 3 Slue otTetaa 1973 S. Austin Ave:tue 312.363521 S d B Project No. 13239 Revised: Dectrr.ber 12, 1996 Pete 2 sr 2 Elle 11:391... 6. Due RECORDERS MEMOBAADL All orgutteof the sexton this pagpivu r daily leobla for atiry recordatio A$0 41 g TFIIS IS AN EXAMPLE ONLY L _ m. m FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005045576 06/16/2005 04:21 PM MARY $62.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS PIta.se re,cotrcl 4 re.+u4-0. Cl� r• 111 curim CITY OF ROUND ROOK ADMINISTRATION Ski EAST MAIN STREET ROUND ROCK. TEXAS 78664